11-08D Rawls

North Carolina
Beverly Eaves Perdue
Governor
Mr. Danny Rawls
1155 Haws Run Rd.
Maple Hill, NC 28454
RE: Closure Letter
NCDENR
Department of Environment and Natural Resources
Division of Coastal Management
James H. Gregson Dee Freeman
Director Secretary
June 16, 2011oE'h?p
✓(lN2 j ZOIf
Payment of Proposed Penalty for Violations of the Coastal Area Management Act,
Committed in Onslow County
CAMA Violation #11-08D
Dear Mr. Rawls:
This letter will acknowledge receipt of your Check #2935, in the amount of $654.00, dated 6/15/11. Once
the amount of the check is credited to the Department of Environment and Natural Resources' account, this
matter will be fully and completely closed.
If you have any further questions concerning this matter, please contact me at my Wilmington Regional
Office, [phone].
Sincerely,
Debra D. Wilson
District Manager
DTI. 1u.
cc: Ted Tyndall, Assistant Director
Roy Brownlow, Compliance Coordinator
WIRO File Copy
Christina Watkins, LPO
127 Cardinal Drive Ext., Wilmington, NC 28405
Phone: [phone] FAX: [phone] Intemet: www rlocoastalmanagement.net
An Equal Opportunity \ Alflrmafive Action Employer
NorthCarolina
Nawrally

' Danny Rawls
June 13,2011
Page 3 of 3
RESTORATION PLAN
For
Danny Rawls Property
CAMA Violation No. 11-08
Property located at 725 Chadwick Shores Drive, Onslow County
*SEE ATTACHED DRAWING*
I, Danny Rawls, agree to remove the unauthorized storage shed from the pier platform and remove a
minimum of 56 square feet of platform. The total square footage of the roof structure, fixed platform and
finger pier may not exceed 688 square feet, based on 8 square feet per linear foot of shoreline, in this case
86 linear feet of shoreline.
I agree to complete this restoration to the satisfaction of the Division of Coastal Management (DCM) by July
1, 2011, or provide an explanation for non-compliance and a reasonable request for time extension. When
corrective actions are complete, I will notify the DCM so the work can be inspected.
SIGNATURE:
DATE:
UP i s 1
It is the policy of the Coastal Resources Commission to assess a civil penalty plus investigative costs against all violations. The
amount assessed will depend upon several factors, including the nature and area of the resources that were affected and the
extent of the damage to them. If restoration is not undertaken or satisfactorily completed, a substantially higher civil assessment
will be levied and an injunction sought to require restoration.
One
127 Cardinal Ddve Ext., Wilmington, North Carolina 28405-3845 NO Carolina
Phone: [phone]\ FAX: [phone] \ Internet: www.nccoastaimanagement.nel tura!!r�
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Mr. Danny Rawls
June 13, 2011
Page 3
CAMA VIOLATION #11.08D
MR. DANNY RAWLS
AGREEMENT TO PAY PROPOSED CIVIL ASSESSMENT
I understand that the staff of the Department of Environment and Natural Resources will propose the assessment
of a civil penalty in the amount of $600 + $54 investigative costs against me for violation of the Coastal Area
Management Act, NCGS 113A-100 et M, committed on or near property located at 725 Chadwick Shores Drive,
Sneads Ferry, in Onslow County, North Carolina. In order to resolve this matter with no further action or expense
on my part, I accept responsibility for the violation as described in the Notice of Violation letter dated June 13,
2011, and agree to pay the proposed civil assessment of $600 + $54 investigative costs.
15 11
DATE
127 Cardinal Drive Ext., Wilmington, NC 28405
Phone: [phone] FAX:[phone] Internet: www,nccoastalmanagement.net
An Equal opportunity I Afrrma6ve Action Employer- 50 % Recycled 110 % Post Consumer Paper
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SIGNATURE
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ADDRESS
Mao 4,11 �z Z?Sy S
TELEPHONE NUMBER

North Carolina
Beverly Eaves Perdue
Governor
HAND DELIVERED
Mr. Danny Rawls
1155 Haws Run Road
Maple Hill, NC 28454
RE. CAMA VIOLATION #1 1-08D
Dear Mr. Rawls:
NCD NR
Department of Environment and
Division of Coastal Management
James H. Gregson
Director
June 15, 2011
Ks-�J
JUN 21 2UIt
i{
Natural Resources DCMMHDCITX
Dee Freeman
Secretary
This letter is in reference to the Notice of Violation dated June 13, 2011 that Holley Snider, representative for the
Division of Coastal Management, issued to you for the unauthorized expansion of a boathouse and platform at
725 Chadwick Shores Drive, in Sneads Ferry, Onslow County. The violation involved Estuarine Waters,
designated as Primary Nursery Area, which are Areas of Environmental Concern designated by the Coastal
Resources Commission. Based upon the site visit conducted on June 13, 2011 by Holley Snider, the restoration
requested appears to be complete to the satisfaction of the Division of Coastal Management.
The Coastal Area Management Act provides that a civil assessment of up to $10,000 plus investigative costs may
be assessed for any violation. It is the policy of the Coastal Resources Commission to assess a civil penalty for
all violations in order to recover some of the costs of investigating violations and/or to compensate the public for
any damage to its natural resources.
Under the rules of the Coastal Resources Commission, a proposed civil penalty in the amount of $600 plus an
investigative cost of $54 for a total of $654, is appropriate for this violation. You may expeditiously resolve this
matter prior to the assessment of a formal civil penalty by accepting responsibility for the violation and paying the
amount proposed above. In order to do this, you must: (1) sign one of the attached copies of an "Agreement to
Pay Civil Assessment;" (2) attach a check or money order for $654 made payable to the North Carolina
Department of Environment and Natural Resources (NCDENR); and, (3) return the signed agreement and
payment to this office in the enclosed, self-addressed envelope within ten (10) days of your receipt of this letter.
Upon deposit of your check in the Department's account, you will receive a Notice of Compliance officially closing
this enforcement action.
If you do not send a signed agreement and payment to this office within ten (10) days, the Director of the Division
of Coastal Management will formally assess a civil penalty against you. You will then have the opportunity to
request a hearing on the penalty or request settlement of the penalty.
127 Cardinal Drive Ext., Wilmington, NC 28405
Phone: [phone] FAX: 910-395,3964 Internet: www,nocoastaimanagement.net
An Equal Opportunity I Affirmative Action Employer - 50 % Recycled 110 % Post Consumer Paper

Mr. Danny Rawls
June 13, 2011
Page 2
Thank you for your time and cooperation in resolving this important matter. If you have any questions, please do
not hesitate to contact me at [phone].
Sincerely,
-7
Debra Wilson
District Manager
Division of Coastal Management
Enclosures
cc: M. Ted Tyndall, Assistant Director, DCM
Roy Brownlow, Compliance and Enforcement Coordinator, DCm
Holley Snider, Coastal Management Representative, DCM
127 Cardinal Drive Ext., Wilmington, NC 26405
Phone: [phone] FAX: [phone] Internet: www.nccoastalmanagement.net
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Mr. Danny Rawls
June 13, 2011
Page 3
CAMA VIOLATION #11.08D
MR. DANNY RAWLS
AGREEMENT TO PAY PROPOSED CIVIL ASSESSMENT
I understand that the staff of the Department of Environment and Natural Resources will propose the assessment
of a civil penalty in the amount of $600 + $54 investigative costs against me for violation of the Coastal Area
Management Act, NCGS 113A-100 et sec , committed on or near property located at 725 Chadwick Shores Drive,
Sneads Ferry, in Onslow County, North Carolina. In order to resolve this matter with no further action or expense
on my part, I accept responsibility for the violation as described in the Notice of Violation letter dated June 13,
2011, and agree to pay the proposed civil assessment of $600 + $54 investigative costs.
DATE
127 Cardinal Drive Ext., Wilmington, NO 28405
Phone: [phone] \ FAX: [phone] Internet: www,nccoestalmanagement.net
An Equal Opportunity 1 Affirmative Action Employer- 50 % Recycled \ 10 % Post Consumer Paper
SIGNATURE
ADDRESS
TELEPHONE NUMBER

Beverly Eaves Perdue
Governor
HAND DELIVERED
Natural Resources
Dee Freeman
Secretary
✓UN ISO
2
Danny Rawls
1155 Haws Run Road
Maple Hill, NC 28454
NCDENR
North Carolina Department of Environment and
Division of Coastal Management
James H. Gregson
Director
NOTICE OF VIOLATION
June 13, 2011
RE: NOTICE OF VIOLATION AND REQUEST TO CEASE UNAUTHORIZED DEVELOPMENT
CAMA VIOLATION #11.08D
Dear Mr. Rawls:
This letter confines that on April 26 and May 3, 2011, 1 was onsite at your property located at 725 Chadwick Shores
Drive adjacent to Chadwick Bay located near Sneads Ferry, Onslow, County, North Carolina. The purpose of the visit
was to monitor the development of a pier with a boathouse and a platform authorized by State Permit GP#54411D
within Chadwick Bay. During that visit, I discovered the unauthorized development of a fully enclosed storage shed,
the unauthorized expansion of the platform and the unauthorized expansion of the boathouse. This letter also
references our May 19, 2011 phone conversation.
Information gathered by me for the Division of Coastal Management indicates that you have undertaken major
development in violation of the Coastal Area Management Act (CAMA). 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. This requirement is imposed by North Carolina General
Statute (N.C.G.S.)113A-118.
I have information that indicates you have undertaken or are legally responsible for the unauthorized expansion (184
square feet) of boathouse and 160 square feet of platform, including a 64 square feet fully enclosed storage building
on the aforementioned property. This activity took place in Estuarine Waters, designated as Primary Nursery Area,
that are contiguous with Chadwick Bay. Estuarine Waters areas are designated as Areas of Environmental Concern
(AEC). No CAMA permit or permit modification was issued to you for work in this additional development. Based on
these findings, I am initiating an enforcement action by issuing this Notice of Violation for violation of the Coastal
Area Management Act.
I request that you immediately CEASE AND DESIST any further development and contact me about this matter. A
civil assessment of up to $10,000 plus investigative costs may be assessed against any violator. Each day that the
development described in this Notice is continued or repeated may constitute a separate violation that is subject to
an additional assessment of $10,000. An injunction or criminal penalty may also be sought to enforce any violation in
accordance with N.C.G.S. 11 3A-126.
It is the policy of the Coastal Resources Commission to assess a civil penalty plus investigative costs against all
violations. This is done to recoup some of the costs of investigating the violation and/or to compensate the public for
127 Cardinal Drive Ext., Wilmington, North Carolina 28405-3845 One
Phone: [phone] FAX: [phone] Internet: www.nrcoastalmanagement.net NorthCarolina
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Danny Rawls
June 13, 2011
Page 2 of 3
any damage to its natural resources. The amount assessed will depend upon several factors, including the nature
and area of the resources that were affected and the extent of the damage to them.
Based upon the North Carolina Administrative Code, Title 15A, Subchapter 07H. State Guidelines for Areas of
Environmental Concern, the unauthorized expansion you have undertaken, the construction of a 64 square feet fully
enclosed storage shed on the pier platform, 584 square feet of boathouse and 160 square feet of platform in the
Estuarine Waters AEC(s), is not consistent with Section 7H.0208(b)(6)(B) which states the total square footage of
shaded impacts for docks and mooring facilities (excluding the pier) allowed shall be 8 square feet per linear foot of
shoreline with a maximum of 2,000 square feet. Section 7H.0208(b)(6)(D) states a boathouse shall not exceed 400
square feet except to accommodate a documented need for a larger boathouse, and Section 7H.0208(b)(6)(E)
states the total area enclosed by an individual boatlift shall not exceed 400 square feet except to accommodate a
documented need for a larger boatlift. The subject property has a total of 86 linear feet of shoreline which would allow
a maximum of 688 square feet of shaded impacts based on 8 square feet allowed per linear foot of shoreline. The
total unauthorized expanded area is 744 square feet. Therefore, I am requesting that the unauthorized storage shed
be removed from the pier platform and the platform area be reduced by a minimum of 56 square feet. Please refer to
the enclosed Restoration Agreement.
If you intend to cooperate with my request, please sign one of the attached Restoration Agreements and return it to
me in the enclosed, self-addressed envelope within ten (10) days of receipt of this letter. Failure to comply with this
request or respond back to this office prior to the requested deadline with an acceptable schedule for compliance will
be interpreted as a refusal to cooperate and will result in a Notice of Continuing Violation, as well as a court injunction
being sought ordering compliance.
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.
Thank you for your time and cooperation in resolving this important matter. If you have any questions about this or
related matters, please call me at [phone]. Upon completion of the restoration as requested in the Restoration
Plan Agreement to the satisfaction of the Division of Coastal Management, you will be notified as to the amount of
the civil assessment for undertaking development without first obtaining the proper permit(s) and development that is
inconsistent with Coastal Resources Commission rules.
Si cerely,
olley Sni r
Coastal nagement Representative
Cc: M. Ted Tyndall, Assistant Director, DCM
Roy Brownlow, Compliance Coordinator, DCM
ENCLOSURE
127 Cardinal Drive Ext., Wilmington, North Carolina 28405-3845 One
Phone: [phone]FAX: [phone]Internet: www.nccoastalmanagement.net 1\IO Calina
An Equal Opportunity 1 Affirmative Action Employer- 50% Recycled 110% Post Consumer Paper Naturally

`Danny Rawls
June 13,2011
Page 3 of 3
RESTORATION PLAN
For
Danny Rawls Property
CAMA Violation No. 11-08
Property located at 725 Chadwick Shores Drive, Onslow County
*SEE ATTACHED DRAWING*
I, Danny Rawls, agree to remove the unauthorized storage shed from the pier platform and remove a
minimum of 56 square feet of platform. The total square footage of the roof structure, fixed platform and
finger pier may not exceed 688 square feet, based on 8 square feet per linear foot of shoreline, in this case
86 linear feet of shoreline.
I agree to complete this restoration to the satisfaction of the Division of Coastal Management (DCM) by July
1, 2011, or provide an explanation for non-compliance and a reasonable request for time extension. When
corrective actions are complete, I will notify the DCM so the work can be inspected.
SIGNATURE:
DATE:
It is the policy of the Coastal Resources Commission to assess a civil penalty plus investigative costs against all violations. The
amount assessed will depend upon several factors, including the nature and area of the resources that were affected and the
extent of the damage to them. If restoration is not undertaken or satisfactorily completed, a substantially higher civil assessment
will be levied and an injunction sought to require restoration.
One
127 Cardinal Drive Ext., Wilmington, North Carolina 28405-3845 NorthCarolliina
Phone: [phone] FAX: [phone]Internet: www.nccoastalmanagement.net �aturab[lJ
An Equal Opportunity \ Affirmative Action Employer- 50% Recycled 110% Post Consumer Paper

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