05-27D Ross

FILE MEMORANDUM
TO: ROY BROWNLOW, COMPLIANCE COORDINATOR
FROM: M. TED TYNDALL, ASST. DIRECTOR
SUBJECT: VIOLATION CASE CLOSURE RECOMMENDATIONS
DATE: 02/01/2012
CC: RONDA BENNETT
Investigation has disclosed information that warrants discontinuation of enforcement action on
the case listed below. Therefore. based upon staffs review and circumstances in this case, I
hereby authorize closing/discontinuing CAMA Violation case No.: OS - 2-7?/
M. TED TYNDALL, Assistant Director
1 7 ,(2S
02/01/2012
Date

JUN-06-2005 14:49 From: To:4 P.2/5
NCDENR
North Carolina Department of Environment and Natural Resources
Division of Coastal Management
Michael F. Easley, Governor Charles S. Jones, Director William G. Ross Jr., Secretary
NOTICE OF VIOLATION
April 11, 2005
CERTIFIED MAIL #7004 2890 0002 3426 2614
RETURN RECEIPT REQUESTED
Mr. Fred Ross
P.O. Box 1092
Leland, NC 28451
RE: NOTICE OF VIOLATION(S) OF CAMA MAJOR DEVELOPMENT PERMIT NO. 181.04
AND REQUEST TO CEASE UNAUTHORIZED DEVELOPMENTT,
CAMA VIOLATION # 0&27D
Dear Mr, Ross:
This letter is in reference to our March 4, 2005 onsile meeting at your project location adjacent to Nixon
Creek, at Olds Point Development, which Is a tributary to the Atlantic Intracoastal Waterway, located in
Hampstead, Pander County, North Carolina. The purpose of the onslte meeting was to Investigate a
complaint of a broken discharge pipe at the project alto and a possible discharge of dredging material Into
coastal wetlands, On March 7, 2006, a follow up inspection was performed at the project site where you met
with myself and Jim Grageon of the Division of Coastal Management, Henry Wicker of the U.S. Army Corps
of Engineers (USACE) Wilmington Regulatory Office and Joanne Steenhuls of the Division of WaterQuality
(DWQ) Wilmington Regional Office,
Information gathered for the Division of Coastal Managementvadicates that your actions as contractor for
Nixon Creek Dredging Project Inc. are in violation of Coastal Area Management Act (CAMA) as well as the
Slate's Dredge and Fill Law. No person may undertake major development in a designated Area of
Environmental Concern (AEC) without first obtaining a permit from the North Carolina Department of
Environment and Natural Resources pursuantto the North Carolina General Statutes (N.C.G..S,)113A-118
I have information that indicates you have undertaken or are legally responsible for violations on the
aforementioned property. These violations are listed as follows:
1. Failure to Notify the Division of Coastal Management prior to Initiating dredging activities
to have the project site and spoil containment area Inspected for approval.
2. Failure to construct the spoil containment area as specified in the approved workplan drawings.
Because the spoil containment area was not built as specified, no point existed within the
structure where the terminal end of the Intake pipeline could be positioned atorgreaterthan 50 feet
from any part of the dike and a maximum distance from spillways to allow settlement of suspended
sediments. Instead of meeting this requirement, the Intake pipe was laid on top of the outer dike
wall and positioned to allow dredging material to discharge through the air and land within the
basin.
127 Cardinal Drive Ext„ Wilmington, North Carolina 28406.3646
Phone: [phone] \ FAX: 9 I C-350-2004 \ Internet:
www.nccoastalmanagement. not

JUN-08-2005 14:49 From:
To:4 P.3/5
Mr. Fred Roes
April 11, 205
Page 2 of 3
31 Failure to install an adequate water control structure at the Intake end of the effluent pipe to
assure compliance with Water Quality Standards Because the effluent pipe was not property
sealed, discharge material was allowed to flow down the affluent pipe directly into a side bay area
of Nixon Creek,
Failure to install the disposal area effluent pips to a point at or beyond the mean low water level to
prevent gully erosion and unnecessary siltation. In the initial application submitted, project drawings
showed the end of the discharge pipe ending In a side bay area to Nixon Creek. A letter from this
Division dated August 9, 2004 listed this as a defeciency and required this pipe to be extended
to the main dredging channel area. In response, the revised and approved drawings submitted to
this office acknowledged this defeclency and were changed to show the discharge pipe ending at
the main dredged channel area as required. Instead of meeting this requirement, this pipe was
Installed so that it discharged into the side bay area of Nixon Creek Instead of the main dredged
area as designed and approved
S. Failure to protect water quality and not visibly increase the amount of suspended sediments in
adjacent waters. Because of the failure to property Install a water control structure at the Intake end
of the effluent pipe, spoil material was allowed to discharge down the effluent pipe. Because the
effluent pipe was not installed properly to discharge back at the main dredging channel area, spoil
material was then allowed to discharge Into the side bay area of Nixon Creek.
6. Failure to install appropriate sedimentation and erosion control devices, measures or structures
to ensure that eroded materials do not enter adjacent wetlands, watercourses and property (e,g, silt
fence, diversion swales or berms, etc). As a result of the failure to meet this requirement, a break
In the effluent pipe line and the other violations listed, sedimentation was allowed to enter 404
wetlands, adjacent property areas, adjacent wetlands and a side bay area of Nixon Creek.
7, Failure to insure that vegetated wetlands and marsh grass was not filled with dredged material, The
side bay area of Nixon Creek and adjacent coastal wetlands were filled with dredging material as
a result of the violations listed.
Based on these findings, I am Initiating an enforcement action by issuing this Not/co of Violation for
violation of the Coastal Area Management act and the State's Dredge andFill Low.
I request that you immediately CEASE AND DESIST any further development and contact me about this
matter. A civil assessment of up to $2,500 may be assessed against any violator. Each day that the
development described in this Notice Is continued or repeated may constitute a separate violation, which
is subject to an additional assessment of $2,500 An injunction or criminal penalty may also be sought to
enforce any violation pursuant to N.C,G.S. 113A-126.
It is the policy of the Coastal Resources Commission to assess a minimum civil penalty of $600 against all
violations. This Is done to recoup some of the costs of investigating the violation and/or to compensate the
public for any damage to Its natural resources. Whether a higher amount will be assessed will depend on
several factors, including the nature and area of the resources that were affected and the extent of the
damage to them.

1
JUN-08-2005 14:49 From:
To:4
P.4/5
DCM ENFORCEMENT TRACKING REPORT
it sue
Field Rep. _�G t nit_ A�lC�_ _ Isvl Vlolaclon Base No, D,i
LPO p A B C D
LPJ Violated oPrrnit No.
in. 4.1ry C12i6I
Violation Description Was activity parmlttablei Yes ! No
InitialDlscovaryDate/457 Discovery Method ogs46 11yjeeefJok�es�n e o [OrH G,'n3
Violation Descriptlon
A
Email
Violation Typo:
Project type:
Authorizations Required:
Site Visits Respondent $Ito Visits
Respondent
I I No Permit
12"Irivat01Cammunity
Major [�CAMA
Present
Present�PermitCondition
❑ Govt.lPublic
[ Minor ❑ 0&F
OS I✓
Expired Permit
--: Commercial
❑ General
_I
,kInconslstent wl Rules
❑
j ,,
Violation Location and Site Description
Project Location; County19.e0,dd✓
Street Addrassl Stato Road/ Lot #(s) &aA YGe l< dt_
Dli� l�e►�d-.
Subdivision
City s1iG,n�� e,.l _ ZIP
PhoneRiver Basin i¢hr �ljg✓
Adj. Wtr. Body _ IIVIV reel ^ rpkpl�
Closest Maj. Won Body
Rover File S -017, d I Z At
Shorenno Langm 1�s Ytb G4vh!5
SAV. Not Sure
(9
No
Sonopags Not Sure
Yos
&
PNA:
You
4g Adjacent
ORIN.
Ym
(9 Aqiacont
Celt. Han
Yes
ig
Photos
®
No
Walvar Required
Yes
eQ
In OWQ Buffer Area Yes
Specify DWO Buller If applleabla:
Restoration
NOV Date 4111 AS Initiel Roq, Comp. Oate Extension Granted Yea No
Roatoratien Lotter
CNOV Date Date Comp. Observed Acceptance Data
Penalty Assessment
Sent to Respondent Data
Rcvd by DCM Onto �...—.�... ,
Assessment Extended Yes No
Fee
Penalty
WIIImUlntont.
TJ.0409 Rar,
Recomm. Assess.
I OCM Assets.
IS
$
S
S I
S
S
S
S
S
S
Total
i

TUN-09-2005 14:49 From: To:4 P.5/5
Formal Assessments, Appeals and Reductions
Data Lang Fcrm Sutsmlttdd
Assassment Appealed Yes No
f _t , .l r. , �.. •. .... _.� Pane:,, , :di9od
Final Assassimmrst S Data �.�--
Attorney General's Office for Injunction or Formal Collection
Data soot to AG _... --
Rospondant not raspomive to paraltyl''C7 _ !rjcrt:lcn tc xrr!eta •aatrstlon
Date Collaction Let, Sent Data Demand Let, Sent —
Violation Activities and Impacts ��1t
AECs Affected! '� � //++,� Wetlands Irrpa•::ea1 GL7� l No//.�� If yes. which typos:
CW (e'er & & PT4 � v .0 TY
OEA MF IH SC IF BF AD
pWS: FC
Otner•
Restoration Raquirod by the Rospondont Yes I No
imensions !
Dimonsiams In excess Dlmenalonatorostora I Final eActually roacrad
NOTES:
Payment Rdeeived 3 Data Case Closod

NCDENR
North Carolina Department of Environment and Natural Resources
Division of Coastal Management
Michael F. Easley, Governor Charles S. Jones, Director William G. Ross Jr., Secretary
NOTICE OF VIOLATION
April 11, 2005
CERTIFIED MAIL #7004 2890 0002 3425 2514
RETURN RECEIPT REQUESTED
Mr. Fred Ross
P.O. Box 1092
Leland, NC 28451
RE. NOTICE OF VIOLATION(S) OF CAMA MAJOR DEVELOPMENT PERMIT NO. 181-04
AND REQUEST TO CEASE UNAUTHORIZED DEVELOPMENT.
CAMA VIOLATION # 05-27D
Dear Mr. Ross:
This letter is in reference to our March 4, 2005 onsite meeting at your project location adjacent to Nixon
Creek, at Olde Point Development, which is a tributary to the Atlantic Intracoastal Waterway, located in
Hampstead, Pander County, North Carolina. The purpose of the onsite meeting was to investigate a
complaint of a broken discharge pipe at the project site and a possible discharge of dredging material into
coastal wetlands. On March 7, 2005, a follow up inspection was performed at the project site where you met
with myself and Jim Gregson of the Division of Coastal Management, Henry Wicker of the U.S. Army Corps
of Engineers (USACE) Wilmington Regulatory Office and Joanne Steenhuis of the Division of Water Quality
(DWQ) Wilmington Regional Office.
Information gathered for the Division of Coastal Management indicates that your actions as contractor for
Nixon Creek Dredging Project Inc. are in violation of Coastal Area Management Act (CAMA) as well as the
State's Dredge and Fill Law. No person may undertake major development in a designated Area of
Environmental Concern (AEC) without first obtaining a permit from the North Carolina Department of
Environment and Natural Resources pursuant to the North Carolina General Statutes (N.C.G.S.) 11 3A-1 18.
I have information that indicates you have undertaken or are legally responsible for violations on the
aforementioned property. These violations are listed as follows:
Failure to Notify the Division of Coastal Management prior to initiating dredging activities
to have the project site and spoil containment area inspected for approval.
Failure to construct the spoil containment area as specified in the approved workplan drawings.
Because the spoil containment area was not built as specified, no point existed within the
structure where the terminal end of the intake pipeline could be positioned atorgreaterthan 50 feet
from any part of the dike and a maximum distance from spillways to allow settlement of suspended
sediments. Instead of meeting this requirement, the intake pipe was laid on top of the outer dike
wall and positioned to allow dredging material to discharge through the air and land within the
basin.
t6f�) ct,�
CwA Q/"` 127 Cardinal Drive Ext., Wilmington, North Carolina 28405-3845
I,)rr Phone: [phone] \ FAX: [phone] \ Internet:
Tor I www.nccoastalmanagement.net
�ti�

Mr. Fred Ross
April 11, 205
Page 2 of 3
3. Failure to install an adequate water control structure at the intake end of the effluent pipe to
assure compliance with Water Quality Standards. Because the effluent pipe was not properly
sealed, discharge material was allowed to flow down the effluent pipe directly into a side bay area
of Nixon Creek.
4. Failure to install the disposal area effluent pipe to a point at or beyond the mean low water level to
prevent gully erosion and unnecessary siltation. In the initial application submitted, project drawings
showed the end of the discharge pipe ending in a side bay area to Nixon Creek. A letter from this
Division dated August 9, 2004 listed this as a defeciency and required this pipe to be extended
to the main dredging channel area. In response, the revised and approved drawings submitted to
this office acknowledged this defeciency and were changed to show the discharge pipe ending at
the main dredged channel area as required. Instead of meeting this requirement, this pipe was
installed so that it discharged into the side bay area of Nixon Creek instead of the main dredged
area as designed and approved.
5. Failure to protect water quality and not visibly increase the amount of suspended sediments in
adjacent waters. Because of the failure to properly install a water control structure at the intake end
of the effluent pipe, spoil material was allowed to discharge down the effluent pipe. Because the
effluent pipe was not installed properly to discharge back at the main dredging channel area, spoil
material was then allowed to discharge into the side bay area of Nixon Creek.
6. Failure to install appropriate sedimentation and erosion control devices, measures or structures
to ensure that eroded materials do not enter adjacent wetlands, watercourses and property (e.g. silt
fence, diversion swales or berms, etc). As a result of the failure to meet this requirement, a break
in the effluent pipe line and the other violations listed, sedimentation was allowed to enter 404
wetlands, adjacent property areas, adjacent wetlands and a side bay area of Nixon Creek.
7. Failure to insure that vegetated wetlands and marsh grass was not filled with dredged material. The
side bay area of Nixon Creek and adjacent coastal wetlands were filled with dredging material as
a result of the violations listed.
Based on these findings, I am initiating an enforcement action by issuing this Notice of Violation for
violation of the Coastal Area Management act and the State's Dredge and -Fill Law.
I request that you immediately CEASE AND DESIST any further development and contact me about this
matter. A civil assessment of up to $2,500 may be assessed against any violator. Each day that the
development described in this Notice is continued or repeated may constitute a separate violation, which
is subject to an additional assessment of $2,500. An injunction or criminal penalty may also be sought to
enforce any violation pursuant to N.C.G.S. 113A-126.
It is the policy of the Coastal Resources Commission to assess a minimum civil penalty of $500 against all
violations. This is done to recoup some of the costs of investigating the violation and/or to compensate the
public for any damage to its natural resources. Whether a higher amount will be assessed will depend on
several factors, including the nature and area of the resources that were affected and the extent of the
damage to them.

Mr. Fred Ross
April 11, 2005
Page 3 of 3
You are also in violation of the State's Dredge and Fill Law which requires a permit from the North Carolina
Department of Environment and Natural Resources before undertaking any excavating or filling in any
estuarine waters, tidelands, marshlands, or state-owned lakes pursuant to N.C.G.S. 113-229. Therefore,
I also request that you immediately CEASE AND DESIST such unauthorized activity and contact me about
this matter as well. Violations of the State's Dredge and Fill Act may be enforced by a criminal penalty or
a civil action for damages or an injunction in accordance with N.C.G.S. 113-229.
Based upon the North Carolina Administrative Code, Title 15A, Subchapter 7J.0409(f)(4)(F)(ii), the policy
of the Coastal Resources Commission is to levy a civil assessment against contractors in addition to that
assessed against the landowner. Therefore, since this is your second Notice of CAMA Violation in the same
Area of Environmental Concern, you should expect a civil assessment to be levied against you.
The relevant statutes and regulations are available from this office, and I am willing to assist you in
complying with the requirements of these laws. A site inspection will be made in the near future to determine
whether this REQUEST TO CEASE AND DESIST has been complied with. I request that you contact me
immediately about these important matters.
Sincerely
fd
Gale Stenberg
Coastal Management Field Representative
cc: Ted Tyndall, Assistant Director, DCM
Jim Gregson, District Manager, DCM
Roy Brownlow, Compliance Coordinator, DCM

DCM ENFORCEMENT TRACKING REPORT
�1 ej Issu
Field Rep. 2 P(n �GifCt rd Violation Base No. 5— Z%
LPO A B C D
u
LPJ Viola*2d Permit No.
Violation Description Was activity permittable? Yes / No
Initial Discovery Date 3 5-
Viclation De=_crip;icn
Respondent Information
Discovery Method IhSld2LTj'oh �les'r5h5e 4'o eb"f/0La}
rior Violations in same AEC: Yes / No Case
Respondent Name(s) f f2A KA S
Address p,V1 61)X 11?rl21
y 9 / v / 'sZy - `�1-(oD
city. e �kltr� State �i(i' zip
Phone T Fax "
Email
Violation Type:
I No Permit
Eli Permit Condition
Expired Permit
1✓ Inconsistent wl Rules
Project Type:
�Privatelcommunitp
r Gavt.lPublic
Commercial
Authorizations Required:
--�Maicr
r,
Minor
_! General
CAMA
L D&F
Violation Location and Site Description
Project Location: County PeK�te✓
Street Address/ State Road/ Lot :(s) &i(OA Cr'e e
.ter ,1 A .A
city &G n zip 2eM
Phone I (_) River Basin Cqi Feat-
Adj.
Wtr. Body �f/A w (net h1E34 LnJ_
Closest Maj. Wtr. Body Orek'.n
Site Visits Respondent
Present
a /71bs `✓
Site Visits
Rover File S -O9 Z-412-,4
Shoreline Lercth tt, iG Gc ve5
Respondent
Present
SA+/: Nccsc•:e
Ye@
No
Sandbaos: Nct Sue
Yes
to
PNA:
Yes
Adjacent
OR'N.
Yes
�jo Adjacent
Crit. Hat.
Yes
�1
Photos
(9
No
Waiver Required
Yes
&0
In DWQ Buffer Area
Yes
t!S
Specify DWQ Buffer if applicable:
Restoration
NOV Date `f fl bS Initial Req. Comp. Date Extension Granted Yes No
CNOV Date
Penalty Assessment
Sent to Respondent Date
Rcvd by DCM Date
Assessment Extended Yes
No
Date Comp. Observed
Restoration Letter
Acceptance Date
71.0409 Ref. Recomm. Assess. DCM Assess.
App./PermitFee i
$ I$
Penalty
I is I $
Willfulllntent.
$ I$
Continuing
i
$ $
LOther
I 1$ is
Total i

.. •
Formal Assessments, Appeals and Reductions
Date Long Form Submitted Assess—ment Appealed Yes No
Pena:.; ...:.,:ivied
FinalAssessmant 5 Date
Attorney General's Office for Injunction or Formal Collection
Date sent to AG _ Respandant not responsive to penalty) toration
Date Collection Let. Sent Date Demand Let. Sent
Violation Activities and Impacts
AECs Affected: Wetlands Impacted? ((.s I No If yes, which types:
CW PTS �
OEA ItIH S'! -C S� TY
so SC S IF BF 40
P W S: FC:
Other:
Restoration Required by the Respondent Yes / No
Dimensions in excess I Final dimensions pctuall restored
Dimensions [o restore i
;ofpermit/unauthorizedactivities y
Development Activities 1 I i
NOTES:
Closing
Payment Received 5.— Date Date Case Closed

02-May-05 NC DIVISION OF COASTAL MANAGEMENT ENFORCEMENT RECORD
'CASE STATUS! -
CASE NUMBER LAST NAME FIRST NAME BUSINESS NAME:
OS-27D ROSS FRED I
CASE IS CLOSED 11
1A�FFLILIATION 1SECTOR
NOV DATE CLOSURE DATE 1 i �revious Violations in Same AEC
CONTRACTOR COMMERCIAL LLL JJJ for Similar Activities
4/1 t/2005 �
MAILING ADDRESS CITY STATE ZIP CODE PHONE NUMBER
POB 1092 LELAND NC 1 28451- [phone]
PROPERTY ADDRESS COMMUNITY WATERBODY NEAREST ROAD
OLDE POINT DEVELOPMEN 1HAMPSTEAD INIXON CREEK HWY 17
DISTRICT OFFICE COUNTY DCM REPRESENTATIVE LPO CONTACT
WIRO 1PENDER ISTENBERG I
VIOLATION TYPE
AFFECTED AEC(S)J
J. CW ❑d EW ❑J PTA El ES
❑ PTS
MAJOR PERMIT CONDITION VIOLATION AND DRED
_
OEA HHFA ❑ IHA ❑ PWS
❑ NCRA
NATURE OF VIOLATION
AEC DESCRIPTION
Section 404 Wetlands, Secondary NA
Violation of terms and conditions of State Permit No. 181-04D by failure to notify DCM prior to engaging work, failure
to construct the spoil containment area as specified in approved work plans, failure to install an adequate water
control structure, failure to install the effluent pipe as specified in the approved work plans, failure to install appropriate
sedimentation and erosion control meaures and devices, filling vegetated wetlands and marsh as a result of failure to
meet the terms and conditions as specified in the approved work plans within the CW, EW, and PTA AECs adjacent
to Nixons Creek.
d❑ RESTORATION NOT REQUIRED - CONTRACTOR
❑ RESTORATION NOT REQUIRED - PERMITTABLE DEVELOPMENT
❑ RESTORATION NOT REQUIRED -FURTHER IMPACTS
❑ RESTORATION PENDING
RESTORATION REQUEST DATE COMPLETION DATE
I— I
RESTORATION EXTENDED RESTORE DATE
DEADLINE
EXTENDED
REFERRED TO AG'S OFFICE - COLLECTION
REFERRED TO AG'S OFFICE - INJUNCTION
_ ASSESSMENT DATE PENALTY AMOUNT COLLECTION DATE AMOUNT COLLECTED
PENA ST
, ,PENALTY ISSUED
(l PENALTY NOT ISSUED �_1 WILLFUL INTENTIONAL PENALTY (MIN. OR DOUBLED) I CNOV ISSUED
❑ CONRACTOR'S FIRST OFFENSE SETTLED, AGREED UPON, OR STIPULATED PENALTY PENALTY APPEALED
UNCOLLECTIBLE PENALTY j FORMAL CPA ISSUED
Violations Involving Adversely Impacted Resources
AMOUNT OF ADVERSELY DISTURBED AREA (SO. FT.)
AMOUNT OF RESTORED AREA (SO. FT) i—
NOTES
Moss Is contractor for Nixon Greek Uredoino Proiect, Inc., see case no. 05-04D.

FUNCTION=> C-------DCM ENFORCEMENT PRIMARY VIOLATOR INFORMATION --------- RRD210
CASE: 980065D PERMIT #: CONSULTANT: GREGSON
NAME: ROSS, FRED ADDR: PO BOX 1092
CITY: LELAND STATE: NC ZIP: 28451 PHONE:
CNTY: NEW HANOVER NEAREST WATER BODY: SHINN PT CANAL ST PLANE X:
LPO : HINES LOCALITY: NEW HANOVER ST PLANE Y:
VIO DESC: EXCAVATION OF MATERIAL FROM SHINN PT CANAL BET LOTS 18 & 19
: IN SHINN PT SUBDIV
NOV SENT: 10 07 98 VIOLATION: MAJOR: Y MINOR: PERM COND: CAMA: D&F:
RESTORE : Y REQUESTED: 11 07 98 COMPLETED:
ESTUARY: PUB TRST: SHORELINE: OCEAN HZ: OTHER: PRI NURS: ORW:
WETLANDS: SA: DS: CJ: SY: JR: LS: TY:
SS: SC: SP: IF: BF: WS: MF:
TYPE EXCAVATE FILLED RESTORE OTHER TYPE EXCAVATE FILLED RESTORE OTHER
0 0 0 0 0 0 0 0
0 0 0 0 0 0 0 0
0 0 0 0 0 0 0 0
------------------------ASSESSMENT AND DISPOSITION -----------------------------
REC ASSMT: 00000 REFERENCES: CRITERIA:
REPORT RCVD: ASSESSED: 0 TO OGC: TO VIOLATOR:
PAY REC: 0 ON: CASE CLOSED:
# VIOLATORS: 1 TOTAL ASSESSMENT: 0 TOT RECEIVED: 0
MESSAGE: ENTER DATA YOU WISH TO CHANGE
PFI=HELP PF2=MAIN MENU PF3=ENFORCEMENT MENU PF4=PREV SCREEN PF5=VIOLATOR
lQOSS � pa(O�L