02-36D Heath

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.: oZ _ 349 D
02/01 /2012
M. TED TYNDALL, Assistant Director Date
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NCDENR
North Carolina Department of Environment and Natural Resources
Division of Coastal Management
Michael F. Easley, Governor Donna D. Moffitt, Director William G. Ross Jr., Secretary
October 24, 2003
CERTIFIED MAIL
RETURN RECEIPT REQUESTED
Mr. Roy Heath �'� J^� va,\03
H & M Farms, LLC o� dal
1079 Red Hill Road
Mt. Olive, NC 28365
RE: Notice of Assessment for CAMA Violation #02-36D
Dear Mr. Heath:
This letter is in reference to the Notice of Violation dated 19 August 2002 that Jim Gregson, representative
for the Division of Coastal Management, sent to you for unauthorized construction of a bulkhead, boat
dock, and concrete ramp at Surf City, Onslow County. The violation involved Public Trust Waters and
Public Trust Shoreline, which are Areas of Environmental Concern designated by the Coastal Resources
Commission. All restoration requested by the Division of Coastal Management appears to have been
completed.
The Coastal Area Management Act provides that a civil assessment of up to $2500.00 may be assessed
for any violation. It is the policy of the Coastal Resources Commission to assess a civil penalty for all
violations. This is done 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 Resource Commission, a civil penalty in the amount of $350 is appropriate
for this violation. Therefore, I am informally proposing a $350 penalty against you. You may expeditiously
resolve this matter at this time by accepting responsibility for the violation, waiving your right to an
administrative hearing, and paying the amount proposed above. In order to do this, you must: (1) sign one
of the attached copies of a "Waiver of Right to an Administrative Hearing and Agreement to Pay Civil
Assessment;" (2) attach a check or money order for $350 made payable to the North Carolina Department
of Environment and Natural Resources (NCDENR); and, (3) return the signed waiver and payment to this
office in the enclosed, self-addressed envelope within ten (10) days of your receipt of this letter. I will
deposit your check in the Department's account and issue you a Notice of Compliance officially closing this
enforcement action.
If you do not send a signed waiver and payment to this office within ten (10) days, I will request the Director
151-B Hwy. 24, Hestron Plaza II, Morehead City, North Carolina 28557
Phone: [phone] FAX: [phone] Internet: www.nccoastalmanagement.net
An Equal Opportunity \ Affirmative Action Employer— 50% Recycled 110% Post Consumer Paper

of the Division of Coastal Management to formally assess a civil penalty against you. You will then have the
opportunity to request a hearing on the penalty or request remission of the penalty.
Please be advised that this letter does not relieve you of the responsibility for obtaining or
complying any other applicable federal, state, or local permits and/or authorizations that may be
required for development -on the subject property.
Thank you for your time and cooperation in resolving this matter. If you have any questions, please do not
hesitate to contact me at [phone].
Sincerely,
Roy Brownlow
Compliance Coordinator, DCM
Enclosure
cc: Charles S. Jones, Assistant Director, DCM
Jim Gregson, District Manager, DCM
Henry Wicker, USACE
Steve Padgett, LPO

CAMA VIOLATION #02.36D
WAIVER OF RIGHT TO ADMINISTRATIVE HEARING
AND 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 $350 against me for violation of the Coastal Area
Management Act, NCGS 113A-100 et sec , committed on or near my property at Surf City, in Onslow
County, North Carolina. I also understand that I have a right under G.S. 113A-126(d)(3) and 150B-23 to a
quasi-judicial administrative hearing on the alleged violation and proposed civil penalty. 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 19 August 2002, voluntarily waive my legal right to an
administrative hearing, and agree to pay the civil assessment of $350. 1 understand that in doing so, I also
hereby foreclose any right of appeal to the Superior Court of North Carolina.
DATE SIGNATURE
ADDRESS
TELEPHONE NUMBER

CAMA VIOLATION #02.36D
WAIVER OF RIGHT TO ADMINISTRATIVE HEARING
AND 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 $350 against me for violation of the Coastal Area
Management Act, NCGS 113A-100 et se , committed on or near my property at Surf City, in Onslow
County, North Carolina. I also understand that I have a right under G.S. 113A-126(d)(3) and 150B-23 to a
quasi-judicial administrative hearing on the alleged violation and proposed civil penalty. 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 19 August 2002, voluntarily waive my legal right to an
administrative hearing, and agree to pay the civil assessment of $350. 1 understand that in doing so, I also
hereby foreclose any right of appeal to the Superior Court of North Carolina.
DATE
SIGNATURE
ADDRESS
TELEPHONE NUMBER

NCDENR
North Carolina Department of Environment and Natural Resources
Division of Coastal Management
Michael F. Easley, Governor
CERTIFIED MAIL
RETURN RECEIPT REQUESTED
Mr. Roy Heath
H & M Farms, LLC
1079 Red Hill Road
Mt. Olive, NC 28365
Donna D. Moffitt, Director
October 24, 2003
RE: Notice of Assessment for CAMA Violation #02-36D
Dear Mr. Heath:
William G. Ross Jr., Secretary
i�
This letter is in reference to the Notice of Violation dated 19 August 2002 that Jim Gregson, representative
for the Division of Coastal Management, sent to you for unauthorized construction of a bulkhead, boat
dock, and concrete ramp at Surf City, Onslow County. The violation involved Public Trust Waters and
Public Trust Shoreline, which are Areas of Environmental Concern designated by the Coastal Resources
Commission. All restoration requested by the Division of Coastal Management appears to have been
completed.
The Coastal Area Management Act provides that a civil assessment of up to $2500.00 may be assessed
for any violation. It is the policy of the Coastal Resources Commission to assess a civil penalty for all
violations. This is done 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 Resource Commission, a civil penalty in the amount of $350 is appropriate
for this violation. Therefore, I am informally proposing a $350 penalty against you. You may expeditiously
resolve this matter at this time by accepting responsibility for the violation, waiving your right to an
administrative hearing, and paying the amount proposed above. In order to do this, you must: (1) sign one
of the attached copies of a "Waiver of Right to an Administrative Hearing and Agreement to Pay Civil
Assessment;" (2) attach a check or money order for $350 made payable to the North Carolina Department
of Environment and Natural Resources (NCDENR); and, (3) return the signed waiver and payment to this
office in the enclosed, self-addressed envelope within ten (10) days of your receipt of this letter. I will
deposit your check in the Department's account and issue you a Notice of Compliance officially closing this
enforcement action.
If you do not send a signed waiver and payment to this office within ten (10) days, I will request the Director
151-B Hwy. 24, Hestron Plaza II, Morehead City, North Carolina 28557
Phone: [phone] FAX: [phone] Internet: www.nccoastalmanagement.net
An Equal Opportunity 1 Affirmative Action Employer— 50% Recycled \ 10% Post Consumer Paper
0
I

of the Division of Coastal Management to formally assess a civil penalty against you. You will then have the
opportunity to request a hearing on the penalty or request remission of the penalty.
Please be advised that this letter does not relieve you of the responsibility for obtaining or
complying any other applicable federal, state, or local permits and/or authorizations that may be
required for development on the subject property.
Thank you for your time and cooperation in resolving this matter. If you have any questions, please do not
hesitate to contact me at [phone].
Sincerely,
Roy Brownlow
Compliance Coordinator, DCM
Charles S. Jones, Assistant Director, DCM
Jim Gregson, District Manager, DCM
Henry Wicker, USACE
Steve Padgett, LPO

CAMA VIOLATION #02-36D
WAIVER OF RIGHT TO ADMINISTRATIVE HEARING
AND 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 $350 against me for violation of the Coastal Area
Management Act, NCGS 113A-100 et sec, committed on or near my property at Surf City, in Onslow
County, North Carolina. I also understand that I have a right under G.S. 113A-126(d)(3) and 150E-23 to a
quasi-judicial administrative hearing on the alleged violation and proposed civil penalty. 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 19 August 2002, voluntarily waive my legal right to an
administrative hearing, and agree to pay the civil assessment of $350. 1 understand that in doing so, I also
hereby foreclose any right of appeal to the Superior Court of North Carolina.
DATE
SIGNATURE
ADDRESS
TELEPHONE NUMBER

CAMA VIOLATION #02.36D
WAIVER OF RIGHT TO ADMINISTRATIVE HEARING
AND 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 $350 against me for violation of the Coastal Area
Management Act, NCGS 113A-100 et sec, committed on or near my property at Surf City, in Ohslow
County, North Carolina. I also understand that I have a right under G.S. 113A-126(d)(3) and 150B-23 to a
quasi-judicial administrative hearing on the alleged violation and proposed civil penalty. 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 19 August 2002, voluntarily waive my legal- right to an
administrative hearing, and agree to pay the civil assessment of $350. 1 understand that in doing so, I also
hereby foreclose any right of appeal to the Superior Court of North Carolina.
DATE SIGNATURE
ADDRESS
TELEPHONE NUMBER

©wA j � 0
NCDENR
North Carolina Department of Environment and Natural Resources
Division of Coastal Management
Michael F. Easley, Governor Donna D. Moffitt, Director William G. Ross Jr., Secretary
August 19, 2002
CERTIFIED MAIL #7001 0320 0003 0382 8645
RETURN RECEIPT REQUESTED
Mr. Roy Heath
H&M Farms, LLC
1079 Red Hill Road
Mt. Olive, North Carolina 28365
RE: NOTICE OF VIOLATION AND REQUEST TO CEASE
UNAUTHORIZED DEVELOPMENT
CAMA VIOLATION # 02-36D
Dear Mr. Heath:
AUG $ q Z002
Information gathered by the Division of Coastal Management shows 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 without first
obtaining a permit from the North Carolina Coastal Resources Commission. North Carolina General Statutes
(hereinafter abbreviated NCGS 113A-118). I have information that you have undertaken Major Development by the
construction of a bulkhead, boat dock and concrete boat ramp, adjacent to a man-made canal, in Surf City, Onslow
County.
This development is being undertaken within the Public Trust Waters of the man-made canal, and within the
Public Trust Shoreline of Topsail Sound, designated Areas of Environmental Concern, and no permit has been issued
for it. Therefore, I have concluded that you are in violation of the permit requirement of the Coastal Area
Management Act. As you are aware, a CAMA Major Development Permit Application was received by this Office on
September 21, 2001, for this project, however, this permit application was placed on hold pending the issuance of a
Stormwater Permit by the N.C. Division of Water Quality.
I request that you immediately CEASE AND DESIST any further development and contact me about this
matter. A civil assessment of up to $2500.00 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 $2500.00. An injunction or criminal penalty. may also be sought to enforce any
violation. NCGS 113A-126.
It is the policy of the Coastal Resources Commission to assess a minimum civil penalty of Three Hundred
Fifty Dollars ($350.00) 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 which were affected and the extent of
the damage to them.
127 Cardinal Drive Extension, Wilmington, North Carolina 28405-3845
Phone: [phone]\Fax: [phone] \ Internet: http://dcm2.enr.state.nc.us
An Equal Opportunity \ Affirmative Action Employer - 50% Recycled \10% Post Consumer Paper

Mr. Roy Heath
August 19, 2002
Page Two
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 immediate future to determine whether this
REQUEST TO CEASE AND DESIST has been complied with. Once again, I request that you contact me immediately
about these matters.
cc: Charles S. Jones (DCM)
Bob Stroud, District Manager (DCM)
Henry Wicker (U.S. Army Corps of Engineers)
Steve Padgett (LPO)
127 Cardinal Drive Extension, Wilmington, North Carolina 28405-3845
Phone: [phone]\Fax: [phone] \ Internet: http://dcm2.enr.state.nc.us
An Equal Opportunity \ Affirmative Action Employer - 50% Recycled \70% Post Consumer Paper

10/24/03
Division of Coastal Management
Case Number Respondents Last Name First Name Affiliation
02-36D Heat M&Hh Farms LLC) i Roy Property Owner
Property Address Township
y Surf City
Mailing Address City
11079 Red Hill Road Mt. Olive
❑Previous Violations
SECTOR
Private
Waterbody Nearest Road
Man-made Canal
State Zip Code Phone Number
NC 28365
District Office County DCM Representative LPO Contact
WIRO Onslow JGregson N/A
Notice of Violation Date Case Closure Date
19 Aug 1902 j
Violation Type
Major CAMA
*Case is Open
OCase is Closed
AEC Type
PTS, PTW
❑CNOV Issued
❑Referred to AG's Office - Injunction
❑Referred to AG's Office - Collection
❑Penalty Appealed
[-]Formal CPA Issued
Nature of Violation
Unauthorized major development by construction of a bulkhead, concrete boat ramp, and boat dock.
_]Restoration Required Restoration Request Date Extension Request Date
®Restoration Not Required - Permittable [_]Restoration Deadline Extended
❑Restoration Not Required - Contractor Restoration Completion Date
❑Restoration Not Required - Impacts
Assessment Date Initial Assessment Am Assessment Collection Date
Penalty Assessed
24 Oct 2003 � $500
[-]Penalty Not Assessed
[]Contractors First Offense
Final Amount collected ❑Settled, Agreed upon, or Stipulated Penalty
❑Doubled or Min. Penalty for Willful &Intentional
OUncollectible Penalty
Violations Involving Adverse Land Disturbing Activity in AEC
Amount of Adversely Disturbed Area (Square Feet)
Amount of Restored Area (Square Feet)
Notes

13-Sep-04 NC DIVISION OF COASTAL MANAGEMENT ENFORCEMENT RECORD
CASE STATUS ---
CASE NUMBER LAST NAME FIRST NAME BUSINESS NAME:
6. Isd�� 6D Heath Roy H & M Farms, LLC
CASE IS CLOSED 02-3
AFFLILIATION SECTOR
NOV DATE CLOSURE DATE Previous Violations in Same AEC
Property Owner Private ...I
for Similar Activities
B/19/2002
MAILING ADDRESS CITY STATE
1079 Red Hill Road Mt. Olive NC
PROPERTY ADDRESS COMMUNITY
Surf City
DISTRICT OFFICE COUNTY DCM REPRESENTATIVE
WIRO rOnslow lGregson
ZIP CODE PHONE NUMBER
28305-
WATERBODY NEAREST ROAD
Man-made Canal
LPO CONTACT
N/A
VIOLATION TYPE
Major CAMA AEC TYPE PTS, PTW
NATURE OF VIOLATION
Unauthorized major development by construction of a bulkhead, concrete boat ramp, and boat dock.
RESTORATION STATUS
-� RESTORATION NOT REQUIRED - CONTRACTOR
41 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
Lj REFERRED TO AG'S OFFICE - COLLECTION
REFERRED TO AG'S OFFICE - INJUNCTION
ASSESSMENT DATE PENALTY AMOUNT COLLECTION DATE AMOUNT COLLECTED
—PENALTY STATUS — r--
10/24/2003 $500 +
�] PENALTY ISSUED
❑ PENALTY NOT ISSUED '( L WILLFUL INTENTIONAL PENALTY (MIN. OR DOUBLED) J CNOV ISSUED
CONRACTOR'S FIRST OFFENSE ! LI SETTLED, AGREED UPON, OR STIPULATED PENALTY PENALTY APPEALED
-..__..----- _..__.__-_...-.__.----..___._.._._..___ L) UNCOLLECTIBLE PENALTY [ I FORMAL CPA ISSUED
Violations Involving Adversely Impacted Resources
AMOUNT OF ADVERSELY DISTURBED AREA (SO. FT.)
AMOUNT OF RESTORED AREA (SQ. FT) I
NOTES
ENT LETTER RETURNED

1tltNtl eft 01 U013A 11 tlo d0111r WOMW so-
0 Complete items 1, 2, and 3. Also complete
item 4 if Restricted Delivery is desired.
■ Print your name and address on the reverse
so that we can return the card to you.
■ Attach this card to the back of the mailpiece,
or on the front if space permits.
1. Article Addressed to:
d S M rAemy LLG
to79'eE 141u-T646
hM DLNC, NL Z.F3os'
A. Signature
X ❑ Agent
❑ Addressee
B. Received by ( Printed Name) C. Date of Delivery
D. Is delivery address different from Hem 17 ❑ Yes
If YES, enter delivery address below: ❑ No
c
3. Service Type
.Certified Mail ❑ Express Mail
❑ Registered �Retum Receipt for Merchandise
❑ Insured Mail ❑ C.O.D.
4. Restricted Delivery? (Extra Fee) ❑ Yes
2. Article Number 7003 1680 0002 5823 3789
(fiansier fiom service label)
v '� g _ _ e—ipt 102595-02-Md540

E)jN.C. Divison of Coastal Management
CITY
Morehead City, NC 28557 24 fir' ORENNL028557
7003 1680 0002 5823 3789 j T` $64�65o5MMETER •
401�1 OCT ,*
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Mr. Roy Heath R�fq " -5
H & M Farms, LLC
1079 Red Hill Road
Mt. Olive, N" A - 0 INSUFFICIENT ADDRESS0 ATTEMPTED NOT KNOWN j
OC ❑ No SUCH NUMBER/ S REET BOTHER
S NOTLI E ABLE AR AAS DDRESSED O&U