08-53D Hammerhead Marine Construction Inc

AW
North Carolina Department of Environment and Natural Resources
Division of Coastal Management
Pat McCrory Braxton C. Davis John E. Skvarla, III
Governor Director Secretary
FILE MEMORANDUM
TO: ROY BROWNLOW, COMPLIANCE COORDINATOR
FROM: M. TED TYNDALL, ASST. DIRECTOR
SUBJECT: VIOLATION CASE CLOSURE RECOMMENDATIONS
DATE: 08/01 /2013
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.: 418'— _S.3 -
M. TED TYNDALL, Assistant Director
08/01/2013
Date
4 _P�n7J1�
400 Commerce Avenue, Morehead City, North Carolina 28557
Phone: [phone] \ FAX: [phone] \ Internet: www.nccoastaimanagement.netAn Equal opportunity\
AOirrnalive Actloh Employer-50% Recycled \ 100/6 Post Consumer Paper

DCM ENFORCEMENT REQUEST
(USE WHEN INJUNCTION OR FORMAL ASSESSMENT REQUESTED)
CAMA CASE #08-53D
[Circle One] INJUNCTION PENALTY CRIMINAL
1. Consultant or LPO & Locality: Onslow County, Andrea Frazier
2. Violator's Name: Hammerhead Marine Construction —Mr. Peter Mueller
Mailing Address: '121 Gemstone Lane Sneads Ferry, NC 28460
Home Phone: [phone]
Project Location (County, State Road, Waterbody, etc.): The project is located off of
Hwy 172 in Sneads Ferry, Onslow County, NC adjacent to Everett Creek in Everett Yopp
Estates.
4: Owner's Name, Address, Phone # [if different]: Mr. Charles Yopp
P.O. Box 295 Sneads Ferry, NC 28460
[phone]
5. Attach Copy of Deed. Mr. Peter Mueller was acting as contractor for Property Owner
Charles Yopp.
6. Type of Violation: [Circle One] MAJOR MINO RMIT CONDITION
Program: [Circle One] CAMA D&F A and D
** Per Jim Gregson 11/7/08**
If CAMA Major, list other required permits, etc. If Permit Condition, give Permit #
and attach copy. GP 49177 was issued for the installation of a new bulkhead by Jon Giles
on April 28, 2008 and included the permit conditions that the authorized bulkhead shall not
fill any Coastal or Federal Wetlands and shall not exceed 500 linear feet (Attachment A).
The authorized development was deemed to be Minor Development on November 7, 2008 by
Jim Gregson.
Describe nature of development under G.S. 113-A-103(5) or of unauthorized activity
under permit: The constructed bulkhead length was 538 linear feet with an additiona110 ft,
and 8.5 ft. wingwall at each terminal end for a total of 556.5 linear feet. The extended area
was adjacent to Coastal Wetland Area and was not authorized for bulkhead placement.
Area(s) of Environmental Concern Involved:
(A) Coastal Wetlands: [Circle]
Smooth Cordgrass [SA] Black Needlerush [JR]
Salt Grass (DS) Sea Lavender [LS]

(" Sawgrass (CJ) Salt Meadow Grass [SP]
Salt Reed Grass (SY) Bullrush [SC]
Glasswort (SS) Other
Cattail (TY)
Wind or Lunar Tides
Flooded: Regularly or, Irregularly
Sq. Ft.: Excavated - Filled - Restored
U
(C)
(D)
(E)
Estuarine Waters: [sq. ft.]
Excavated Filled Restored Other
Primary Nursery Area? [Circle] YES NO
Public Trust Area: [sq. ft.]
Excavated Filled Restored Other
Primary Nursery Area? [Circle] YES NO
Estuarine Shoreline [sq. ft.]
Excavated Filled 557 linear feet Restored
Ocean Hazard: [Describe]
Sq. Ft. Impacted:
Other
9. Details of how DCM first learned of violation: A routine inspection was conducted by
Tara Croft and Jon Giles on July 9, 2008 to monitor the completed bulkhead construction.
10. Details of first DCM inspection: Measurements were taken of the total bulkhead length
utilizing a measuring wheel and tape. The bulkhead length exceeded what was authorized
under GP 49177 by 57 linear feet. The extended area was directly adjacent to Coastal,
Wetland Area. An additional site visit was conducted by DCM on September 4, 2008. Upon
further investigation it was concluded that Coastal Wetlands were not filled and restoration
would not be required for this project.
11. Attach copy of Notice of Violation and Postal Receipt Card or Sheriff s Return. [Same
if a Continuing Notice of Violation.] The original Notice of Violation 08-53D was sent on
September 17, 2008 and was received on September 20, 2008 (Attachment B). The original
Civil Assessment letter was sent on October 16, 2008 and was returned unclaimed to this
office on October 21, 2008 (Attachment C). By order of the Director of the Division of
Coastal Management a new Notice of Violation, which took precedence over the original
NOV, was sent with anew Civil Penalty Assessment for unauthorized Minor Development
on November 24, 2008 (Attachment D). Both documents were returned unclaimed to this
office and were re -sent on January 7, 2009 (Attachment E). The January 7, 2009 documents
were received on January 13, 2009.
12. Restoration Required? [Circle] YES

i [If Yes, attach copy of Restoration Request and give restoration deadline if different from
one in Request and explain.] Based on the September 4, 2008 site investigation
restoration was not required for the unauthorized bulkhead extension.
13. Date DCM determined restoration was complete: N/A
14. Would the project have been allowed had a Permit been applied for? [Circle] S NO
[If NO, cite the provisions in the CAMA, Dredge and Fill Law, CRC's Rules, Loca Land
Use Plan, etc., which would have been violated]
15. Recommended penalty amount? The recommended penalty amount is $480.
Cite the specific Rule of the CRC in 710409 and explain why the penalty should be
assessed under it. [If the violation was willful and intentional or continuing, describe the
base penalty here and then any increased or additional penalty below.]
The base penalty amount of $240 is based on 7J.0409(g)(5). According to 7J.0409(g)(5)(iii)
the penalty should be doubled due to previous violations of the Coastal Resource
Commission's rules.
16. If the violator was a contractor, attach copies of the previous Notices of Violation
showing development in the same AECs and payment of any penalties.
Two previous Notices of Violation were issued to Mr. Peter Mueller (Attachment F).
Penalties were not collected for NOV 90-88. Under current rules at the time the
investigation began penalties were not assessed to contractors for the first offense of the
CRC's rules. Penalties for NOV 99-17D were not collected per the current Director of the
DCM at the time of investigation.
17. If the violation was willful, describe why, pursuant to 7J.0409(f) )(E) or 5)(E) and
attach any supporting documents.
According to 7J.0409(g)(5)(iii) the penalty should be doubled due to previous violations of
the Coastal Resource Commission's rules.
18. If daily penalties are recommended, give the dates on which they should begin and end
under 7J.0409(f)(4)(G) and explain what the daily amount should be based on the
CRC's rules.
Daily penalties are not recommended.
19. Are there any reasons for increasing or decreasing the penalties or for remitting them
under the CRC's rules? [Circle] YES NO

19. Are there any reasons for increasing or decreasing the penalties or for remitting them
under the CRC's rules? [Circle] YES
19. Provide any other information or attach any other documents, which will help the
Attorney General's office or the Director to understand the violation.
A Second Notice of Assessment was sent to Mr. Mueller on April 8, 2009, this letter was
returned to this office on April 13, 2009 (Attachment G). Field Representative Jon Giles
met with Mr. Mueller on April 21, 2009 and hand -delivered the April 8, 2009 Civil
Assessment Letter. Mr. Mueller signed the Agreement to Pay Proposed Civil Assessment
on this date (Attachment H). On May 13, 2009 a reminder letter was sent to Mr. Mueller
regarding the signed agreement to pay the proposed penalty (Attachment 1). On
September 22, 2009 a certified letter was sent to Mr. Mueller regarding the civil
assessment levied him (Attachment J). This letter was returned unclaimed to this office
on October 8, 2009 (Attachment K).
21. If this form is not appropriate for a particular violation, write a narrative Enforcement
Request, or, supplement this form as necessary.
22. AU Enforcement Requests should be sent to the Attorney General's Office within six (6)
months of when the violation was discovered ifno restoration was required, or, when the
restoration was completed If an injunction was requested, supplement the Injunction
Request within six (6) months of the date the restoration was complete.
SUBMITTED BY: Tara Croft
TITLE: Co pliance and Enforcement Representative
DATE: �v,7, hF,�, 3i acD,
DATE REVIEWED BY DISTRICT MANAGER: 3 142 0 q
DATE ASSISTANT DIRECTOR REVIEWED:

NCDENR
North Carolina Department of Environment and Natural Resources
Division of Coastal Management
Michael F. Easley, Governor James H. Gregson, Director William G. Ross Jr., Secretary
NOTICE OF VIOLATION
September 17, 2008
CERTIFIED MAIL 70081140 0002 9559 0922
RETURN RECEIPT REQUESTED
Hammerhead Marine Construction
C/o Peter Moeller
111 Fullard Drive
Sneads Ferry, NC 28460
RE. VIOLATION(S) OF CAMA MAJOR DEVELOPMENT PERMIT NO. 49177
CAMA VIOLATION #08-53D
Dear Mr. Moeller:
This letter is in reference to our September 4, 2008 visit onsite Mr. Charles Yopp property, adjacent to
Everett Creek located in or near Sneads Ferry, off Hwy 172, Onslow County, North Carolina. The purpose
of the onsite meeting was to investigate the unauthorized increase of the permitted bulkhead length
adjacent to the bulkhead within Everett's Creek on the aforementioned property. This letter also references
our initial July 9, 2008 site visit to conduct routine monitoring for General Permit number 49177.
Information gathered by me for the NC Division of Coastal Management indicates that your actions as
contractor for Mr. Charles Yopp violated the terms or conditions of State Permit No. 49177 which was
issued to Mr. Charles Yopp by the Coastal Resources Commission (CRC) and the North Carolina
Department of Environment and Natural Resources. I have information that indicates you have undertaken
or are legally responsible for installation of 538 linear feet of bulkhead with two wing walls measuring 8.5
feet and 10 feet respectively on the aforementioned property. Based on these findings, I am initiating an
enforcement action by issuing this Notice of Violation for violation of the Coastal Area Management Act.
On December 28, 2007, State Permit No. 49177 was issued to Mr. Charles Yopp for installation of 500
linear feet of vinyl bulkhead within Everett's Creek on property located in Onslow County, North Carolina,
off Hwy 172. This permit was issued for a CAMA Major Development in the Estuarine Shoreline and
Estuarine Water Area of Environmental Concern (AEC), in accordance with North Carolina General
Statutes (N.C.G.S.) 113A-118.
This permit included the following terms and conditions(s):
1. The permitted bulkhead shall not exceed 500 linear feet.
For the following reasons, you are in violation of the above terms and conditions(s) of the permit:
127 Cardinal Drive Ext., Wilmington, North Carolina 28405-3845
Phone: [phone] FAX: [phone] Internet: www.nccoastalmanagement.net
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Mr. Moeller .
September 17, 2008
Page 2 of 2
1. The installed bulkhead measures 538 feet with two wing walls measuring 8.5 feet and 10 feet
respectively.
If the terms and conditions of a permit are not complied with, the permit becomes null and void from the
date of its issuance.
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 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-1 26.
It is the policy of the Coastal Resources Commission to levy a civil assessment not to exceed $10,000, plus
investigative costs against all violations of this type. This is done to recoup some of the costs of
investigating violations and/or to compensate the public for any damage to its natural resources. The
amount assessed depends on 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 7J.0409(g)(4)(E) the policy of
the Coastal Resources Commission is to levy a civil assessment against contractors in addition to that
assessed against the landowner. Therefore, 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 immediate 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,
-�� (a<& -
Tara Croft.
Compliance and Enforcement Representative
Cc: Ted Tyndall, Assistant Director, DCM
Steven H. Everhart PhD, District Manager, DCM
Roy Brownlow, Compliance Coordinator, DCM
Jon Giles, Field Representative, DCM
Andrea Frazier, LPO
127 Cardinal Drive Ext., Wilmington, North Carolina 28405-3845
Phone: [phone]\ FAX: [phone] Internet: www.nccoastaimanagement.net
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Label/Receipt Number: 7008 1140 0002 9569 0922
Status: Delivered
Your item was delivered at 12:24 pm on September 20, 2008 in SNEADS
FERRY, NC 28460. A proof of delivery record may be available through
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NCDENR
North Carolina Department of Environment and Natural Resources
Division of Coastal Management
Michael F. Easley, Governor James H. Gregson, Director William G. Ross Jr., Secretary
October 16, 2008
CERTIFIED MAIL 70081140 0002 95591066
RETURN RECEIPT REQUESTED
Hammerhead Marine Construction
C/o Peter Moeller
111 Fullard Drive
Sneads Ferry, NC 28460
RE: CAMA VIOLATION #08-53D
Dear Mr. Mueller:
This letter is in reference to the Notice of Violation dated September 17, 2008 that Tara Croft, representative for
the Division of Coastal Management, issued to you for the violation of the terms or conditions of State Permit
No. 49177 at Lot 10 in Everett Yopp Estates located in or near Sneads Ferry, Onslow County, North Carolina.
The violation involved Estuarine Shoreline and Estuarine Water Areas, which are Areas of Environmental
Concern designated by the Coastal Resources Commission.
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. Please be reminded that you have been issued one prior
violation in the Estuarine Shoreline and nne WaterAEC's. Pursuant to the North Carolina Administrative
Code, Title 15A, subchapter 7J .0409 4)(d iii), the amount of the civil assessment proposed against you will
reflect the repetitive nature of your n nco liance with the Coastal Area Management Act (CAMA) and the
Coastal Resource Commission's rules.
\-(WI{ s pPt mA)a , V ro /ti-I,ou rs W1 rN&rt, 1 �
Under the rules of the Coastal Resources Commission, a proposed civil penalty in the amount of } 040 i 5
appropriate for this violation. You may expeditiously resolve this matter prior to the assessment of a-f6m civilcivil
penalty by accepting responsibility for the violation and paying the amount proposed above. In order to do this, 000y
you must: (1) sign one of the attached copies of an "Agreement to Pay Civil Assessment; (2) attach a check or
money order for $2040 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 N� �"Do
envelope within ten (10) days of your receipt of this letter. Upon deposit of your check in the Department's (?QCk �
account, you will receive a Notice of Compliance officially closing this enforcement action. i 000
15, Omb)(4)
127 Cardinal Drive Ext., Wilmington, North Carolina 28405-3845
Phone: [phone] FAX: [phone] Internet: www.nocoastaimanagement.net
An Equal Opportunity 1 Affirmative Action Employer— 50% Recycled 110% Post Consumer Paper

Mr. Peter Mueller
October 16, 2008
Page 2 of 3
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 remission of the penalty.
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,
Steven H. Everhart PhD
District Manager
Division of Coastal Management
Enclosures
cc: Ted Tyndall, Assistant Director, DCM
Roy Brownlow, Compliance Coordinator, DCM
Tara Croft, Compliance and Enforcement Representative
Andrea Frazier, LPO
127 Cardinal Drive Ext., Wilmington, North Carolina 28405-3845
Phone: [phone] \ FAX: [phone] \ Internet: www.nccoastalmanagement.net
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Mr. Peter Mueller
October 16, 2008
Page 3 of 3
CAMA VIOLATION #08.53D
Mr. Peter Mueller
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 $2040 against me for violation of the Coastal Area Management
Act, NCGS 113A-100 et sec, committed on or near property at Lot 10 in Everett Yopp Estates adjacent to Everett
Creek located in or near Sneads Ferry, 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 September 17, 2008, and agree to pay the proposed civil assessment of $2040.
DATE
SIGNATURE
ADDRESS
TELEPHONE NUMBER
127 Cardinal Drive Ext., Wilmington, North Carolina 28405-3845
Phone: [phone] \ FAX: [phone] \ Internet: www.nccoastaimanagement.net
An Equal Opportunity \ Affirmative Action Employer— 50% Recycled \ 10% Post Consumer Paper

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NC Div of Coastal Management a� m " FITNEY BOWES
127 Cardinal Drive Extension ' #c 02 �q- Q�eJ 0
Wilmington, NC 28405-3845 - r 0004337146 OCT20 2008
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7008.1140 0002 9559 1066 `
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;s
NCDENR
North Carolina Department of Environment and Natural Resources
Division of Coastal Management
Michael F. Easley, Governor James H. Gregson, Director William G. Ross Jr., Secretary
NOTICE OF VIOLATION
November 24, 2008
CERTIFIED MAIL 70081140 0002 9563 0611
RETURN RECEIPT REQUESTED
Hammerhead Marine Construction
C/o Peter Mueller
121 Gemstone Lane
Sneads Ferry, NC 28460
RE: VIOLATION(S) OF CAMA MAJOR DEVELOPMENT PERMIT NO. 49177
CAMA VIOLATION #08-53D
Dear Mr. Mueller:
Please be advised this Notice of Violation takes precedence over the previous Notice dated
September 17, 2008. This letter is in reference to our September 4, 2008 visit onsite Mr. Charles Yopp
property, adjacent to Everett Creek located in or near Sneads Ferry, off Hwy 172, Onslow County, North
Carolina. The purpose of the onsite meeting was to investigate the unauthorized increase of the permitted
bulkhead length adjacent to the bulkhead within Everett's Creek on the aforementioned property. This
letter also references our initial July 9; 2008 site visit to conduct routine monitoring for General Permit
number 49177.
Information gathered by me for the NC Division of Coastal Management indicates that your actions as
contractor for Mr. Charles Yopp violated the terms or conditions of State Permit No. 49177 which was
issued to Mr. Charles Yopp by the Coastal Resources Commission (CRC) and the North Carolina
Department of Environment and Natural Resources. I have information that indicates you have undertaken
or are legally responsible for installation of 538 linear feet of bulkhead with two wing walls measuring 8.5
feet and 10 feet respectively on the aforementioned property. Based on these findings, I am initiating an
enforcement action by issuing this Notice of Violation for violation of the Coastal Area Management Act.
On December 28, 2007, State Permit No. 49177 was issued to Mr. Charles Yopp for installation of 500
linear feet of vinyl bulkhead within Everett's Creek on property located in Onslow County, North Carolina,
off Hwy 172. This permit was issued for a CAMA Minor Development in the Estuarine Shoreline and
Estuarine Water Area of Environmental Concern (AEC), in accordance with North Carolina General
Statutes (N.C.G.S.)113A-118.
This permit included the following terms and conditions(s):
1. The permitted bulkhead shall not exceed 500 linear feet.
For the following reasons, you are in violation of the above terms and conditions(s) of the permit:
— 127 Cardinal Drive Ext., Wilmington, North Carolina 28405-3845
Phone: [phone]\ FAX: [phone] \ Internet: www.nccoastaimanagement.net
An Equal Opportunity \ Affirmative Action Employer — 50% Recycled \ 10% Post consumer Paper

Mr. Moeller
November 24, 2008
Page 2 of 2
The installed bulkhead measures 538 feet with two wing walls measuring 8.5 feet and 10 feet
respectively.
If the terms and conditions of a permit are not complied with, the permit becomes null and void from the
date of its issuance.
I request that you immediately CEASE AND DESIST any further development and contact me about this
matter. A civil assessment of up to $1,000 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 $1,000. An injunction or criminal penalty may also
be sought to enforce any violation in accordance with N.C.G.S. 113A-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 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 7J.0409(g)(5)(E), the policy of
the Coastal Resources Commission is to levy a civil assessment against contractors in addition to that
assessed against the landowner. Therefore, 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 immediate 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,
OIAWIQ o#i
Compliance and Enforcement Representative
Cc: Ted Tyndall, Assistant Director, DCM
Steven H. Everhart PhD, District Manager, DCM
Roy Brownlow, Compliance Coordinator, DCM
Jon Giles, Field Representative, DCM
Andrea Frazier, LPO
127 Cardinal Drive Ext., Wilmington, North Carolina 28405-3845
Phone: [phone] FAX: [phone]Internet: www.nccoastalmanagement.net
An Equal Opportunity 1 Affirmative Action Employer — 50% Recycled 110% Post Consumer Paper

A,&
NCDENR -
North Carolina Department of Environment and Natural Resources
Division of Coastal Management
Michael F. Easley, Governor James H. Gregson, Director William G. Ross Jr., Secretary
November 24, 2008
CERTIFIED MAIL 70081140 0002 9563 0611
RETURN RECEIPT REQUESTED
Hammerhead Marine Construction
C/o Peter Moeller
121 Gemstone Lane
Sneads Ferry, NC 28460
RE: LAMA VIOLATION #08-53D
Dear Mr. Mueller:
This letter is in reference to the Notice of Violation originally sent to you on September 17,1008, and re -issued
on November 24, 2008, that Tara Croft, representative for the Division of Coastal Management, issued to you
for the violation of the terms or conditions of State Permit No. 49177 at Lot 10 in Everett Yopp Estates located
in or near Sneads Ferry, Onslow County, North Carolina. The violation involved Estuarine Shoreline and
Estuarine Water Areas, which are Areas of Environmental Concern designated by the Coastal Resources
Commission.
The Coastal Area Management Act provides that a civil assessment of up to $1,000 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. Please be reminded that you have been issued one prior violation in the Estuarine
Shoreline and Estuarine Water AEC's. Pursuant to the North Carolina Administrative Code, Title 15A,
subchapter 7J .0409(g)(5)(d)(iii), the amount of the civil assessment proposed against you will reflect the
repetitive nature of your noncompliance with the Coastal Area Management Act (CAMA) and the Coastal
Resource Commission's rules.
Under the rules of the Coastal Resources Commission, a proposed civil penalty in the amount of $480 is
appropriate for this violation. You may expeditiously resolve this matter prior to the assessment of aformal 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 $480 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.
127 Cardinal Drive Ext., Wilmington, North Carolina 28405-3845
Phone: [phone] \ FAX: [phone] \ Internet: www,nccoastalmanagement.net
An Equal Opportunity \ Affirmative Action Employer - 50%, Recycled \ 10% Post Consumer Paper

Mr. Peter Mueller
November 24, 2008
Page 2 of 3
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 remission of the penalty.
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]. 1
Sincerely,
xz"
Steven H. Everhart PhD
District Manager
Division of Coastal Management
Enclosures
cc: Ted Tyndall, Assistant Director, DCM
Roy Brownlow, Compliance Coordinator, DCM
bra "bWlfo?it - andfEnfbrcemFnT,Repre" `"se fa"tive
Andrea Frazier, LPO
127 Cardinal Drive.Ext., Wilmington, North Carolina 28405-3845
Phone: [phone] \ FAX: [phone]\Internet: www.nccoastalmanagement.net
An Equal Opportunity \ Affirmative Action Employer- 50% Recycled \ 10% Post Consumer Paper

Mr. Peter Mueller
November 24, 2008
Page 3 of 3
CAMA VIOLATION #08.53D
Mr. Peter Mueller
AGREEMENT TO PAY PROPOSED CIVIL ASSESSMENT
I understand that the staff of the Depaftment of Environment and Natural Resources will propose the
assessment of a civil penalty in the amount of $480 against me for violation of the Coastal Area Management
Act, NCGS 113A-100 et sec , committed on or near property at Lot 10 in Everett Yopp Estates adjacent to Everett
Creek located in or near Sneads Ferry, 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 re -issued
Notice of Violation letter dated November 24, 2008, and agree to pay the proposed civil assessment of $480.
DATE
SIGNATURE
ADDRESS_
TELEPHONE NUMBER
127 Cardinal Drive Ext., Wilmington, North Carolina 28405-3845
Phone: [phone]\FAX: [phone]\Internet: www.nccoastalmanagement.net
An Equal opportunity \ Affirmative Action Employer— 50% Recycled \ 10% Post.Consumer Paper

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NCDENR
North Carolina Department of Environment and Natural Resources
Division of Coastal Management
Michael F. Easley, Governor James H. Gregson, Director
NOTICE OF VIOLATION
January 7, 2009
CERTIFIED MAIL 70081140 0002 95631328
RETURN RECEIPT REQUESTED
Hammerhead Marine Construction
C/o Peter Mueller
606 Peru Road
Sneads Ferry, NC 28460
William G. Ross Jr., Secretary
RE: VIOLATION(S) OF CAMA MAJOR DEVELOPMENT PERMIT NO. 49177
CAMA V10LATION #08-53D
Dear Mr. Mueller:
Please be advised this Notice of Violation. takes precedence over the previous Notice dated
September 17, 2008. This letter is in reference to our September 4, 2008 visit onsite at Mr. Charles Yopp's
property, adjacent to Everett Creek located in or near Sneads Ferry, off Hwy 172, Onslow County, North
Carolina. The purpose of the onsite meeting was to investigate the unauthorized increase of the permitted
bulkhead length adjacent to the bulkhead within Everett's Creek on the aforementioned property. This
letter also references our initial July 9, 2008 site visit to conduct routine monitoring for General Permit
number 49177,
Information gathered by me for the NC Division of Coastal Management indicates that your actions as
contractor for Mr. Charles Yopp violated the terms or conditions of State Permit No. 49177 which was
issued to Mr. Charles Yopp by the Coastal Resources Commission (CRC) and the North Carolina
Department of Environment and Natural Resources. I have information that indicates you have undertaken
or are legally responsible for installation of 538 linear feet of bulkhead with two wing walls measuring 8.5
feet and 10 feet respectively on the aforementioned property. Based on these findings, I am initiating an
enforcement action by issuing this Notice of Violation for violation of the Coastal Area Management Act.
On December 28, 2007, State Permit No. 49177 was issued to Mr. Charles Yopp for installation of 500
linear feet of vinyl bulkhead within Everett's Creek on property located in Onslow County, North Carolina,
off Hwy 172. This permit was issued for a CAMA Minor Development in the Estuarine Shoreline and
Estuarine Water Area of Environmental Concern (AEC), in accordance with North Carolina General
Statutes (N.C.G.S.) 11 3A-1 18.
This permit included the following terms and conditions(s):
1. The permitted bulkhead shall not exceed 500 linear feet.
For the following reasons, you are in violation of the above terms and conditions(s) of the permit:
127 Cardinal Drive Ext., Wilmington, North Carolina 28405-3845
Phone: [phone] FAX: [phone] Internet: www.nccoastaimanagement.net
An Equal Opportunity 1 Affirmative Action Employer— 50% Recycled 110% Post Consumer Paper

Mr. Moeller
January 7, 2009
Page 2 of 2
1. The installed bulkhead measures 538 feet with two wing walls measuring 8.5 feet and 10 feet
respectively.
If the terms and conditions of a permit are not complied with, the permit becomes null and void from the
date of its issuance.
I request that you immediately CEASE AND DESIST any further development and contact me about this
matter. A civil assessment of up to $1,000 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 $1,000. An injunction or criminal penalty may also
be sought to enforce any violation in accordance with N.C.G.S. 113A-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 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 7J.0409(g)(5)(E), the policy of
the Coastal Resources Commission is to levy a civil assessment against contractors in addition to that
assessed against the landowner. Therefore, 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 immediate 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,
Tara Croft
Compliance and Enforcement Representative
Cc: Ted Tyndall, Assistant Director, DCM
Steven H. Everhart PhD, District Manager, DCM
Roy Brownlow, Compliance Coordinator, DCM
Jon Giles, Field Representative, DCM
Andrea Frazier, LPO
127 Cardinal Drive Ext., Wilmington, North Carolina 28405-3845
Phone: [phone] FAX: [phone] Internet: www.nccoastalmanagement.net
An Equal Opportunity 1 Affirmative Action Employer- 50% Recycled 110% Post Consumer Paper

NCDENR
North Carolina Department of Environment and Natural Resources
Division of Coastal Management
Michael F. Easley, Governor James H. Gregson, Director William G. Ross Jr., Secretary
January 7, 2009
CERTIFIED MAIL 70081140 0002 95631328
RETURN RECEIPT REQUESTED
Hammerhead Marine Construction
C/o Peter Moeller
606 Peru Road
Sneads Ferry, NC 28460
RE. CAMA VIOLATION #08-53D
Dear Mr. Mueller:
This letter is in reference to the Notice of Violation originally sent to you on September 17, 2008, re -issued
on November 24, 2008, returned unclaimed to this office on December 22, 2008 and resent on January 7,
2009 that Tara Croft, representative for the Division of Coastal Management, issued to you for,the violation
of the terms or.conditions of. State Permit No, 49177 at Lot IQ. in Everett Yopp Estates located in or near
Sneads Ferry, Onslow County, North Carolina. The violation involved Estuarine Shoreline and Estuarine
Water Areas, which are Areasof Environmental Concern designated by the Coastal Resources
Commission.
The Coastal Area Management Act provides that a civil assessment of up to $1,000 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. Please be reminded that you have been issued one prior violation
in the Estuarine Shoreline and Estuarine Water AEC's. Pursuant to the North Carolina Administrative
Code, Title 15A, subchapter 7J .0409(g)(5)(d)(iii), the amount of the civil assessment proposed against you
will reflect the repetitive nature of your noncompliance with the Coastal Area Management Act (CAMA) and
the Coastal Resource Commission's rules.
Under the rules of the Coastal Resources Commission, a proposed civil penalty in the amount of $480 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 $480 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.
127 Cardinal Drive Ext., Wilmington, North Carolina 28405-3845
Phone: [phone] FAX: [phone] Internet: www.nccoastaimanagement.net
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Mr. Peter Mueller
January 7, 2009
Page 3 of 3
CAMA VIOLATION #08.53D
Mr. Peter Mueller
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 $480 against me for violation of the Coastal Area
Management Act, NCGS 113A-100 et sec, committed on or near property at Lot 10 in Everett Yopp Estates
adjacent to Everett Creek located in or near Sneads Ferry, 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 re -issued Notice of Violation letter resent on January 7, 2009 and agree to pay the
proposed civil assessment of $480.
DATE
SIGNATURE
ADDRESS
TELEPHONE NUMBER
127 Cardinal Drive Ext., Wilmington, North Carolina 28405-3845
Phone: [phone] \ FAX: [phone] \ Internet: www.nccoastalmanagement.net
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SENDER: COMPLETE THIS SECTION
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FUNCTION=> C-------DCM ENFORCEMENT PRIMARY VIOLATOR INFORMATION --------- RRD210
CASE: 900038D PERMIT #: 90-077 CONSULTANT: BOTBOL
NAME: MUELLER, PETER ADDR: 13 WESTWOOD
CITY: SNEADS FERRY STATE: NC ZIP: 28460 PHONE:
CNZY: ONSLOW NEAREST WATER BODY: EVERETT CREEK ST PLANE X:
: LOCALITY: SNEADS FERRY ST PLANE Y:
^.. IESC: VIOLATED TERMS AND CONDITIONS OF PERMIT 90-077
--NOTE-- CONTRACTOR FOR #90-40D - 1ST OFFENSE - NO FINE
NOV SENT: 11 28 90 VIOLATION: MAJOR: Y MINOR: PERM COND: CAMA: Y D&F: Y
RESTORE : N REQUESTED: 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: FI CRITERIA: 01 07 91
REPORT RCVD: 01 08 91 ASSESSED: 0 TO OGC: TO VIOLATOR:
PAY REC: 0 ON: CASE CLOSED: 01 10 91
# 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

FUNCTION=> C-------DCM ENFORCEMENT PRIMARY VIOLATOR INFORMATION --------- RRD210
CASE: 990017D PERMIT #: CONSULTANT: RUSSELL
NAME: MUELLER, PETER ADDR: 180 WHEELER CREEK RD
CITY: SNEADS FERRY STATE: NC ZIP: 28460 PHONE:
C^',T"• ONSLOW NEAREST WATER BODY: AIWW ST PLANE X:
L;I TUNSTALL LOCALITY: SNEADS FERRY ST PLANE Y:
V__- 'ESC: DREDGING W/O A PERMIT
: CLOSED PER C JONES
NOV SENT: 02 12 99 VIOLATION: MAJOR: Y MINOR: PERM COND: CAMA: D&F:
RESTORE : N REQUESTED: COMPLETED:
ESTUARY: PUB TRST: SHORELINE: OCEAN HZ: Y 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: 00500 REFERENCES: F4EI CRITERIA: 03 23 95
REPORT RCVD: 02 12 99 ASSESSED: 500 TO OGC: 01 01 01 TO VIOLATOR: 10 15 01
PAY REC: 0 ON: CASE CLOSED: 11 05 03
# VIOLATORS: 1 TOTAL ASSESSMENT: 500 TOT RECEIVED: 0
MESSAGE: ENTER DATA YOU WISH TO CHANGE
PFI=HELP PF2=MAIN MENU PF3=ENFORCEMENT MENU PF4=PREV SCREEN PFS=VIOLATOR

��A
NCDENR
North Carolina Department of Environment and Natural Resources
Division of Coastal Management
Michael F. Easley, Governor James H. Gregson, Director William G. Ross Jr., Secretary
April 8, 2009
CERTIFIED MAIL 70081140 0002 95631229
RETURN RECEIPT REQUESTED
Hammerhead Marine Construction
C/o Peter Mueller
606 Peru Road
Sneads Ferry, NC 28460
RE: CAMA VIOLATION#08-53D
Dear Mr. Mueller:
This Second Notice of Assessment letter is in reference to the Notice of Violation originally sent to you on
September 17, 2008' re -issued on November 24, 2008, returned unclaimed to this office on December 22,
2008 and resent on January 7, 2009 that Tara Croft, representative for the Division of Coastal
Management, issued to you for the violation of the terms or conditions of State Permit No. 49177 at Lot 10
in Everett Yopp Estates located in or near Sneads Ferry, Onslow County, North Carolina. The violation
involved Estuarine Shoreline and Estuarine Water Areas, which are Areas of Environmental Concern
designated by the Coastal Resources Commission.
The Coastal Area Management Act provides that a civil assessment of up to $1,000 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. Please be reminded that you have been issued one prior violation
in the Estuarine Shoreline and Estuarine Water AEC's. Pursuant to the North Carolina Administrative
Code, Title 15A, subchapter 7J .0409(g)(5)(d)(iii), the amount of the civil assessment proposed against you
will reflect the repetitive nature of your noncompliance with the Coastal Area Management Act (CAMA) and
the Coastal Resource Commission's rules.
Under the rules of the Coastal Resources Commission, a proposed civil penalty in the amount of $480 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 $480 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.
127 Cardinal Drive Ext., Wilmington, North Carolina 28405.3845
Phone: [phone] FAX: [phone]nternet: www.nccoastalmanagement.net
An Equal opportunity 1 Affirmative Action Employer— 50% Recycled 110% Post Consumer Paper

Mr. Peter Mueller
April 8, 2009
Page 3 of 3
CAMA VIOLATION #08-53D
Mr. Peter Mueller
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 $480 against me for violation of the Coastal Area
Management Act, NCGS 113A-100 et sec, committed on or near property at Lot 10 in Everett Yopp Estates
adjacent to Everett. Creek located in or near Sneads Ferry, 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 re -issued Notice of Violation letter resent on January 7, 2009 and agree to pay the
proposed civil assessment of $480.
DATE
SIGNATURE
ADDRESS
TELEPHONE NUMBER
127 Cardinal Drive Ext., Wilmington, North Carolina 28405-3845
Phone: [phone]FAX: [phone]Internet: www.nccoastalmanagement.net
An Equal opportunity 1 Affirmative Action Employer- 50% Recycled 110% Post Consumer Paper

USPS - Track & Confirm
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Label/Receipt Number: 7008 1140 0002 9663 1229
Status: Delivered
Your item was delivered at 12:20 pm on April 13, 2009 in WILMINGTON,
NC 28405. A proof of delivery record may be available through your local
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Mr. Peter Mueller
April 8, 2009
Page 3 of 3
CAMA VIOLATION #08.53D
Mr. Peter Mueller
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 $480 against me for violation of the Coastal Area
Management Act, NCGS 113A-100 et sec, committed on or near property at Lot 10 in Everett Yopp Estates
adjacent to Everett, Creek located in or near Sneads Ferry, 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 re -issued Notice of Violation letter resent on January 7, 2009 and agree to pay the
proposed civil assessment of $480.
41C����
DATE
SIGNATURE
�
ADDRESS
6r"+O-->
7[6)
TELEPHONE NUMBER
127 Cardinal Drive Ext., Wilmington, North Carolina 28405-3845
Phone: M-796-7215 \ FAX: [phone] \ Internet: www.nccoastalmanagement.net
An Equal Opportunity \ Affirmative Action Employer- 50% Recycled \ 10% Post Consumer Paper

NCDENR
North Carolina Department of Environment and Natural Resources
Division of Coastal Management
Beverly Eaves Perdue, Governor
Hammerhead Marine Construction
C/o Peter Mueller
121 Gemstone Lane
Sneads Ferry, NC 28460
James H. Gregson, Director
May 13, 2009
RE: VIOLATION(S) OF CAMA DEVELOPMENT PERMIT NO.49177
CAMA VIOLATION #08-53D
Dear Mr. Mueller:
Dee Freeman, Secretary
This letter is in reference to the Notice of Violation originally sent to you on September 17, 1008, and re -issued on
November 24, 2008, that Tara Croft, representative for the Division of Coastal Management, issued to you for the
violation of the terms or conditions of State Permit No. 49177 at Lot 10 in Everett Yopp Estates located in or near
Sneads Ferry, Onslow County, North Carolina. The violation involved Estuarine Shoreline and Estuarine Water
Areas, which are Areas of Environmental Concern designated by the Coastal Resources Commission.
On April 21, 2009 the Division of Coastal Management received your signed agreement to pay the proposed penalty
of $480. In order to receive a Notice of Compliance officially closing this enforcement action you must provide a
check or money order for $480 made payable to the North Carolina Department of Environment and Natural
Resources (NCDENR). If you do not send a signed agreement and payment to this office 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 remission of the penalty.
I request that you contact me immediately about these important matters.
Sincerely,
Tara Croft
Compliance and Enforcement Representative
Cc: ' Ted Tyndall, Assistant Director, DCM
Steven H. Everhart PhD, District Manager, DCM
Roy 8rownlow, Compliance Coordinator, DCM
Jon Giles, Field Representative, DCM
127 Cardinal Drive Ext., Wilmington, North Carolina 28405-3845
Phone: [phone]\FAX: [phone] \ Internet: www,nccoastaimanagement.net
An Equal opportunity \Affirmative Action Employer— 50% Recycled \ 10% Post Consumer Paper
Nne
orthCarolina
hira!!i

w
NCDENR
North Carolina Department of Environment and Natural Resources
Division of Coastal Management
Michael F. Easley, Governor James H. Gregson, Director William G, Ross Jr., Secretary
September22, 2009
CERTIFIED MAIL 700B 1140 0002 9563 0598
RETURN RECEIPT REQUESTED
Hammerhead Marine Construction
clo Peter Mueller
121 Gemstone Lane
Sneads Ferry, NC 28460
RE: CAMA VIOLATION #08-53D -
Dear Mr. Mueller
This letter is in reference to the Notice of Violation (NOV 08-53D) issued to you on September 17, 2008 for violation
of the terms or conditions of State Permit No. 49177 at Lot 10 in Everett Yopp Estates located in or near Sneads
Ferry, Onslow County, North Carolina. The violation involved the unauthorized increase of the permitted bulkhead .
length adjacent to Everett's Creek in the Estuarine Shoreline and Estuarine Water Areas, which are Areas of
Environmental Concern designated by the Coastal Resources Commission. This letter also references my January
7, 2009, April 8, 2009 and May 13, 2009-cohrespbndence regarding this matter:
Our records indicate that you have failed to pay the $480 civil assessment that was levied in your case to resolve the
enforcement action. In the event that this has been an over -sight on your part, I have enclosed a copy of the original
assessment letter. 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 remission of the penalty.
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,
a
Tara Croft
Compliance and En ement Representative
Enclosures
cc: Ted Tyndall, Assistant Director, DCM
Roy Brownlow, Compliance Coordinator, DCM
Steven H. Everhart
127 Cardinal Drive Ext., Wilmington, North Carolina 28405-3845
Phone: [phone] \ FAX: [phone] \ Internet: www.nccoastalmanagement.net
An Equal Opportunity, \ Affirmative Action Employer- 50% Recycled \ 10% Post Consumer Paper

NCDENR
Divisior of Coastal Mgmt.
127 Cardinal Dr. Ext
Wilmington, NC 28405-3845
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NCDENR
North Carolina Department of Environment and Natural
Division of Coastal Management
Michael F. Easley, Governor James H. Gregson, Director
September 22, 2009
CERTIFIED MAIL 70081140 0002 9563 0598
RETURN RECEIPT REQUESTED
Hammerhead Marine Construction
c/o Peter Mueller
121 Gemstone Lane
Sneads Ferry, NC 28460
RE, CAMA VIOLATION #08-53D
Dear Mr. Mueller:
Resources
William G. Ross Jr., Secretary
D
SEP 2 9 2009
Morehead City DCM
This letter is in reference to the Notice of Violation (NOV 08-53D) issued to you on September 17, 2008 for violation
of the terms or conditions of State Permit No. 49177 at Lot 10 in Everett Yopp Estates located in or near Sneads
Ferry, Onslow County, North Carolina. The violation involved the unauthorized increase of the permitted bulkhead
length adjacent to Everett's Creek in the Estuarine Shoreline and Estuarine Water Areas, which are Areas of
Environmental Concern designated by the Coastal Resources Commission. This letter also references my January
7, 2009, April 8, 2009 and May 13, 2009 correspondence regarding this matter.
Our records indicate that you have failed to pay the $480 civil assessment that was levied in your case to resolve the
enforcement action. In the event that this has been an over -sight on your part, I have enclosed a copy of the original
assessment letter. 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 remission of the penalty.
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,
as
Tara Croft
Compliance and En ement Representative
Enclosures
cc: Ted Tyndall, Assistant Director, DCM
Roy Brownlow, Compliance Coordinator, DCM
Steven H. Everhart
127 Cardinal Drive Ext., Wilmington, North Carolina 28405-3845
Phone: [phone] FAX: [phone] Internet: www.ncooastalmanagement.net
An Equal Opportunity \ Affirmative Action Employer - 50% Recycled 110% Post Consumer Paper

NCDENR
North Carolina Department of Environment and Natural Resources
Division of Coastal Management
Beverly Eaves Perdue, Governor
Hammerhead Marine Construction
C/o Peter Mueller
121 Gemstone Lane
Sneads Ferry, NC 28460
James H. Gregson, Director
May 13, 2009
RE. VIOLATION(S) OF CAMA DEVELOPMENT PERMIT NO.49177
CAMA VIOLATION ft08-53D
Dear Mr. Mueller:
Dee Freeman, Secretary
This letter is in reference to the Notice of Violation originally sent to you on September 17,.1008, and re -issued on
November 24, 2008, that Tara Croft, representative for the Division of Coastal Management, issued to you for the
violation of the terms or conditions of State Permit No. 49177 at Lot 10 in Everett Yopp Estates located in or near
Sneads Ferry, Onslow County, North Carolina. The violation involved Estuarine Shoreline and Estuarine Water
Areas, which are Areas of Environmental Concern designated by the Coastal Resources Commission.
On April`21, 2009 the Division of Coastal Management received your signed agreement to pay the proposed penalty
of $480. In order to receive a Notice of Compliance officially closing this enforcement action you must provide a
check or money order for $480 made payable to the North Carolina Departawt of Environment and Natural
Resources (NCDENR). If you do not send a signed agreement and payment to this office 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 remission of the penalty.
I request that you contact me immediately about these important matters.
Sincerely,
�I
Tara Croft
Compliance and Enforcement Representative
Cc: Ted Tyndall, Assistant Director, DCM
Steven H. Everhart PhD, District Manager, DCM
Roy Brownlow, Compliance Coordinator, DCM
Jon Giles, Field Representative, DCM
127 Cardinal Drive Ext., Wilmington, North Carolina 28405-3845 One
NorthCaro
o
Phone: [phone]FAX: [phone] Internet: www.nccoastalmanagement.net /lina
An Equal opportunity \ Affirmalive Action Employer — 50% Recycled 1 10% Post Consumer Paper Naturally

Mr. Peter Mueller
April 8, 2009 .
Page 3 of 3
CAMA VIOLATION #08-53D
Mr. Peter Mueller
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 $480. against me for violation of the Coastal Area
Management Act, NCGS 113A-100 et sect, committed on or near property at Lot 10 in Everett Yopp Estates
adjacent to Everett Creek located in or near Sneads Ferry, 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 re -issued Notice of Violation letter resent on January 7, 2009 and agree to, pay the
proposed civil assessment of $480.
DATE
ADDRESS.
TELEPHONE NUMBER
127 Cardinal Drive Ext., Wilmington, North Carolina 28405.3845
Phone: [phone] FAX: [phone] Internet: www.nccoastaimanagement.net
An Equal Opportunity 1 Affirmative Action Employer— 50% Recycled 110% Post Consumer Paper

©�A
NCDENR
North Carolina Department of Environment and Natural Resources
Division of Coastal Management
Michael F. Easley, Governor James H. Gregson, Director William G. Ross Jr., Secretary
April 8, 2009
CERTIFIED MAIL 70081140 0002 95631229
RETURN RECEIPT REQUESTED
Hammerhead Marine Construction
C/o Peter Mueller
606 Peru Road
Sneads Ferry, NC 28460
RE: CAMA VIOLATION #08.53D
Dear Mr. Mueller:
This Second Notice of Assessment letter is in reference to the Notice of Violation originally sent to you on
September 11, 2008; re -issued on November 24, 2008, returned unclaimed to this office on December 22,
2008 and resent on January 7, 2009 that Tara Croft, representative for the Division of Coastal
Management,_ issued to you for the violation of.the terms or conditions of State Permit No. 49177,at Lot 10
in Everett Yopp Estates located in or near Sneads Ferry, Onslow County, North Carolina. The violation
involved Estuarine Shoreline and Estuarine Water Areas, which are Areas of Environmental Concern
designated by the Coastal Resources Commission,
The Coastal Area Management Act provides that a civil assessment of up to $1,000 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. Please be reminded that you have been issued one prior violation
in the Estuarine Shoreline and Estuarine Water AEC's, Pursuant to the North Carolina Administrative
Code, Title 15A, subchapter 7J .0409(g)(5)(d)(iii), the amount of the civil assessment proposed against you
will reflect the repetitive nature of your noncompliance with the Coastal Area Management Act (CAMA) and
the Coastal Resource Commission's rules.
Under the rules of the Coastal Resources Commission, a proposed civil penalty in the amount of $480 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 $480 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.
127 Cardinal Drive Ext., Wilmington, North Carolina 28405-3845
Phone: [phone]bo 1 FAX: [phone] Internet: www.nccoastalmanagement.net
An Equal Opportunity 1 Affirmative Action Employer — 50% Recycled 110% Post Consumer Paper

Mr. Peter Mueller
April 8, 2009
Page 2 of 3
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 remission of the penalty.
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,
Steven H. Everhart PhD
District Manager
Division of Coastal Management
Enclosures
cc: Ted Tyndall, Assistant Director, DCM
Roy pfownlow,, Compliance Coordinator, DCM
Tara Croft,' Compliance and Enforcement Representative
Andrea Frazier, LPO
127 Cardinal Drive Ext., Wilmington, North Carolina 28405-3845
Phone: [phone]\FAX: [phone]\Internet: www.nccoastalmanagement.net
An Equal Opportunity \ Affirmative Action Employer - 50% Recycled \ 10% Post Consumer Paper

. Mr. Peter Mueller
April 8, 2009
Page 3 of 3
CAMA VIOLATION #08.53D
Mr. Peter Mueller
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 $480 against me for violation of the Coastal Area
Management Act, NCGS 113A-100 et seg, committed on or near property at Lot 10 in Everett Yopp Estates
adjacent to Everett Creek located in or near Sneads Ferry, 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 re -issued Notice of Violation letter resent on January 7, 2009 and agree to pay the
proposed civil assessment of $480.
DATE SIGNATURE
ADDRESS
TELEPHONE NUMBER
127 Cardinal Drive Ext., Wilmington, North Carolina 28405-3845
Phone: [phone] \ FAX: [phone] \ Internet: www.riccoastaimanagement.net
An Equal Opportunity 1 Affirmative Action Employer— 50% Recycled \ 10% Post Consumer Paper

�r
NCDENR
North Carolina Department of Environment and Natural Resources
Division of Coastal Management
Michael F. Easley, Governor James H. Gregson, Director William G. Ross Jr., Secretary
January 7, 2009
CERTIFIED MAIL 70081140 0002 95631328
RETURN RECEIPT REQUESTED
Hammerhead Marine Construction
C/o Peter Moeller
606 Peru Road
Sneads Ferry, NC 28460
RE: CAMA VIOLATION #08-53D
Dear Mr. Mueller:
This letter is in reference to the Notice of Violation originally sent to you on September 17, 2008, re -issued
on November 24, 2008, returned unclaimed to this office on December 22, 2008 and resent on January.7,
2009 that Tara Croft, representative for the Division of Coastal Management, issued to you for the violation
of the terms or conditions of State Permit No. 49177 at Lot 10 in Everett.Yopp Estates located in or near
Sneads Ferry, Onslow County, North Carolina. The violation involved Estuarine Shoreline and Estuarine
Water Areas, which are Areas of Environmental Concern designated by the Coastal Resources
Commission,
The Coastal Area Management Act provides that a civil assessment of up to $1,000 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. Please be reminded that you have been issued one prior violation
in the Estuarine Shoreline and Estuarine Water AEC's. Pursuant to the North Carolina Administrative
Code, Title 15A, subchapter 7J .0409(g)(5)(d)(iii), the amount of the civil assessment proposed against you
will reflect the repetitive nature of your noncompliance with the Coastal Area Management Act "(CAMA) and
the Coastal Resource Commission's rules.
Under the rules of the Coastal Resources Commission, a proposed civil penalty in the amount of $480 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 $480 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.
127 Cardinal Drive Ext., Wilmington, North Carolina 28405-3845
Phone: [phone] FAX: [phone] Internet: www.nccoastalmanagement.net
An Equal Opportunity 1 Affirmative Action Employer— 50% Recycled 110% Post Consumer Paper

Mr. Peter Mueller
January 7, 2009
Page 2 of 3
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 remission of the penalty.
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,
Steven H. Everhart PhD
District Manager
Division of Coastal Management
Enclosures
cc: Ted Tyndall, Assistant Director, DCM.
Roy Brownlow, Compliance Coordinator, DCM
Tara Croft, Compliance and Enforcement Representative
Andrea Frazier, LPO.
127 Cardinal Drive Ext., Wilmington, North Carolina 28405.3845
Phone: [phone] FAX: [phone]nternet: www.nccoastalmanagement.net
An Equal Opportunity 1 Affirmative Action Employer - 50% Recycled 110% Post Consumer Paper

January7, 2009
Page 3 of 3
CAMA VIOLATION #08.53D
Mr. Peter Mueller
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 $480 against me for violation of the Coastal Area
Management Act, NCGS 113A-100 et sec, committed on or near property at Lot 10 in Everett Yopp Estates
adjacent to Everett Creek located in or near Sneads Ferry, 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 re -issued Notice of Violation letter resent on January 7, 2009 and agree to pay the
proposed civil assessment of $480.
DATE
SIGNATURE
ADDRESS
TELEPHONE NUMBER
127 Cardinal Drive Ext., Wilmington, North Carolina 28405-3845
Phone: [phone] FAX: [phone]Internet: www.nccoastalmanagement.net
An Equal Opportunity 1 Affirmative Action Employer- 50% Recycled 110% Post Consumer Paper

NCDENR
North Carolina Department of Environment and
Natural Resources
Division of Coastal Management
Michael F. Easley, Governor James H. Gregson, Director
NOTICE OF VIOLATION
January 7, 2009
CERTIFIED MAIL 70081140 0002 95631328
RETURN RECEIPT REQUESTED
Hammerhead Marine Construction
C/o Peter Mueller
606 Peru Road
Sneads Ferry, NC 28460
William G. Ross Jr., Secretary
RE. VIOLATION(S) OF CAMA MAJOR DEVELOPMENT PERMIT NO, 49177
CAMA VIOLATION #08-53D
Dear Mr. Mueller:
Please be advised this Notice of Violation takes precedence over the previous Notice dated
September 17, 2008. This letter is in reference to our September 4, 2008 visit onsite at Mr. Charles Yopp's
property, adjacent to Everett Creek located in or near Sneads Ferry, off Hwy 172, Onslow County, "North
Carolina. The purpose of the onsite meeting was to investigate the unauthorized increase of the permitted
bulkhead length adjacent to the bulkhead within Everett's Creek on the aforementioned property. This
letter also references our initial July 9, 2008 site visit to conduct routine monitoring for General Permit
number 49177. 11
Information gathered by me for the NC Division of Coastal Management indicates that your actions as
contractor for Mr. Charles Yopp violated the terms or conditions of State Permit No. 49177 which was
issued to Mr. Charles Yopp by the Coastal Resources Commission (CRC) and the North Carolina
Department of Environment and Natural Resources. I have information that indicates you have undertaken
or are legally responsible for installation of 538 linear feet of bulkhead with two wing walls measuring 8.5
feet and 10 feet respectively on the aforementioned property. Based on these findings, I am initiating an
enforcement action by issuing this Notice of Violation for violation of the Coastal Area Management Act.
On December 28, 2007, State Permit No. 49177 was issued to Mr. Charles Yopp for installation of 500
linear feet of vinyl bulkhead within Everett's Creek on property located in Onslow County, North Carolina,
off Hwy 172. This permit was issued for a CAMA Minor Development in the Estuarine Shoreline and
Estuarine Water Area of Environmental Concern (AEC), in accordance with North Carolina General
Statutes (N.C.G.S.) 11 3A-1 18.
This permit included the following terms and conditions(s):
1. The permitted bulkhead shall not exceed 500 linear feet.
For the following reasons, you are in violation of the above terms and conditions(s) of the permit:
127 Cardinal Drive Ext., Wilmington, North Carolina 28405-3845
Phone: [phone] FAX: [phone] Internet: www.nccoastalmanagement.net
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Mr. Moeller
January 7, 2009
Page 2 of 2
1. The installed bulkhead measures 538 feet with two wing walls measuring 8.5 feet and 10 feet
respectively.
If the terms and conditions of a permit are not complied with, the permit becomes null and void from the
date of its issuance.
I request that you immediately CEASE AND DESIST any further development and contact me about this
matter. A civil assessment of up to $1,000 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 $1,000. An injunction or criminal penalty may also
be sought to enforce any violation in accordance with N.C.G.S.113A-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 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 7J.0409(g)(5)(E), the policy of
the Coastal Resources Commission is to levy a civil assessment against contractors in addition to that
assessed against the landowner. Therefore, 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 immediate 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
Tara Croft
Compliance and Enforcement Representative
Cc: Ted Tyndall, Assistant Director, DCM
Steven H. Everhart PhD, District Manager; DCM
Roy Brownlow, Compliance Coordinator, DCM
Jon Giles, Field Representative, DCM
Andrea Frazier, LPO
127 Cardinal Drive Ext., Wilmington, North Carolina 28405-3845
Phone: [phone] FAX: [phone] Internet: www.nccoastalmanagement.net
An Equal opportunity 1 Affirmative Action Employer— 50% Recycled 110% Post Consumer Paper

Pr
ARA.
NCDENR
North Carolina Department of Environment and Natural Resources
Division of Coastal Management
Beverly Eaves Perdue, Governor
Hammerhead Marine Construction
C/o Peter Mueller
121 Gemstone Lane
Sneads Ferry, NC 28460
James H. Gregson, Director
May 13, 2009
RE: VIOLATION(S) OF CAMA DEVELOPMENT PERMIT NO.49177
CAMA VIOLATION #08.53D
Dear Mr. Mueller:
Dee Freeman, Secretary
MAY 2 (► ?r!n�� '�'�
MOre.Plead City ®CM
This letter is in reference to the Notice of Violation originally sent to you on September 17, 1008, and re -issued on
November 24, 2008, that Tara Croft, representative for the Division of Coastal Management, issued to you for the
violation of the terms or conditions of State Permit No. 49177 at Lot 10 in Everett Yopp Estates located in or near
Sneads Ferry, Onslow County, North Carolina. The violation involved Estuarine Shoreline and Estuarine Water
Areas, which are Areas of Environmental Concern designated by the Coastal Resources Commission.
On April 21, 2009 the Division of Coastal Management received your signed agreement to pay the proposed penalty
of $480. In order to receive a Notice of Compliance officially closing this enforcement action you must provide a
check or money order for $480 made payable to the North Carolina Department of Environment and Natural
Resources (NCDENR). If you do not send a signed agreement and payment to this office 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 remission of the penalty.
I request that you contact me immediately about these important matters.
Sincerely,
Tara Croft
Compliance and Enforcement Representative
Cc: Ted Tyndall, Assistant Director, DCM
Steven H. Everhart PhD, District Manager, DCM
Roy Brownlow, Compliance Coordinator, DCM
Jon Giles, Field Representative, DCM
127 Cardinal Drive Ext., Wilmington, North Carolina 28405-3845
Phone: [phone]\ FAX: [phone] \ Intemet: www.ncoDastaimanagement.net
An Equal Opportunity \ Affirmative Action Employer — 50% Recycled \ 10% Post Consumer Paper
One
NorthCarolina
Natura!!Y

Mr. Peter Mueller
April 8, 2009
Page 3 of 3
CAMA VIOLATION #08.53D
Mr. Peter Mueller
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 $480 against me for violation of the Coastal Area
Management Act, NCGS 113A-100 et sec, committed on or near property at Lot 10 in Everett Yopp Estates
adjacent to Everett Creek located in or near Sneads Ferry, 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 re -issued Notice of Violation letter resent on January 7, 2009 and agree to. pay the
proposed civil assessment of $480.
DATE
f
ADDRESS
TELEPHONE NUMBER
127 Cardinal Drive Ext., Wilmington, North Carolina 28405-3845
Phone: [phone] FAX: [phone]Internet: www.nccoastalmanagement.net
An Equal Opportunity 1 Affirmative Action Employer- 50% Recycled 110% Post Consumer Paper

r
NC DENR
DIV. OF COASTAL'NAGI T
127 CARDINAL DR EXT
WILMINGTON, NC 28412
11111 -11111111111111111111111111111111111
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Can ►.L> j 1
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.�► 0004265580 APR08 2009
?0AICEDFROMZiPC:0DE 20405
I iAMMERHEAD (MARINE CONSTRUCTION
C/O: ' PETER MOELLEr
EO:) PERU Pr,
SNEADS Feo-rc i o�srr�s»a
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1,1 .1a5`Fi�dixl. DR* ;4yw"v<F
• SN6ACJ .FERRmpp Y NC 2fl450-535flU
RETURN TO SENDER

IV
DCM ENFORCEMENT TRACKINGREPORT
it Field Rep. (al�fa ��� Is r Violation Base No. V ✓
1PO N CID
Lpj Violated Permit No.
(if applicable)
Violation Description Wa activity, permittable? Yes / No
Initial Discovery Date ID Discovery Method to
Violation Qescriptioo PA 7 qnhl ra 1/hAIVIAPAA 1 A In it ni m r�, .r
- t t
Respondent InformJ"on.P forV'olations'n ame AEC: Yes NoRespondent Name )
(Landowner/Agg�ent/ ontra `-�A ss State I `K ZiwPhtfne #__ Fax
5. Email
S Violation Type: Project Type: - Authorizations Required: . Site Visits Respondent Site Visits Respondent
1 Present Present
No Permit `' Private/Community Major CAMA -!I ll
Permit Condition _ Gavt.IPublic Minor
c u Expired Permit Commercial !_; General _
�. rl Inconsistent wl Rules -
o " Violation Location and Site Description
Rover File I r�rTT� 1
Project Location: County__
Shoreline Length
Street Address/ Rola Lot #(s)'
(ram' J SAV: Not Sure Yes 19
Sandbags: Not Sure Yes 10
Subdivision PNA:% No Adjacent
City _ ..ZIP ORW: Yes N�% Adjacent
Crit. Hab. Yes No
Phone AM - lve asin
ff�j Photos a N
Adj,W[r.Body__ Vt k❑ Waiver Required NN
Closest Maj, Wtr. Body In DWQ Buffer Area Yes
Specify DWQ Buffer if applicable:
Restoration`17pr�/1SR 11,'L�p• ate /
NOV Dated Initia�R��om1A� ,r Extension Granted Yes No
q•
CNOV Date Date Comp Obser ed Restoration Letter
Acceptance Date _
Penalty Assessrnent�avAa409 Ref. Recomm. Assess. ; DCM Assess. I
,
Sent to Respondent Date ' App•IPermit Fee
Rcvd. by Dist. Mgr. Date*—�.Uu' Penalty g i g
Assessment Extended Yes No LF I I $ I
i,.,>,M
X O` wo
yO

Formal Assessments, Appeals and Reductions
Date Long Form Submitted
Date Formal CPA Submitted �—
Assessment Appealed Yes No
Final Assessment $
—
ar=
- Penalty modified
Attorney General's Office for Injunction or Formal Collection
Date sent to Air —
'�----._� Respondant not responsive to penalty/NOV �,�
Date Collection Let. Sent _�
Injunction tocomplete restoration
Date Demand Let. Sent��
-
Violation Activities and Impacts
AECs Affected:
CW EW PTA ES ' PTS Wetlands Impacted?
'
Yes /If
OEA HHF IH
�J yes, which types:
SA
.PWS: FC: SS DS Cl
Other: ---- SC SP
SY A LS TY ..
IF BF 404
Restoration Required by the Respondent Yes / o
Dimensions in excess �
of permit/ unauthorized activities . Dimensions to restore - Final dimensions
j Development Ac[Ivities Actually
allowed
restored
NOTES: _ A lot WA n .�1.0 � � a—,� n �A n
Date Case Closed

�r
NCDENR
North Carolina Department of Environment and Natural Resources
Division of Coastal Management
Michael F. Easley, Governor James H. Gregson, Director William G. Ross Jr., Secretary
CERTIFIED MAIL 70081140 0002 95631229
RETURN RECEIPT REQUESTED
Hammerhead Marine Construction
C/o Peter Mueller
606 Peru Road
Sneads Ferry, NC 28460
RE: CAMA VIOLATION #08-53D
Dear Mr. Mueller:
This Second Notice of Assessment letter is in reference to the Notice of Violation originally sent to you on
September 17, 2008, re -issued on November 24, 2008, returned unclaimed to this office on December 22,
2008 and resent on January 7, 2009 that Tara Croft, representative for the Division of Coastal
Management, issued to you for the violation of the terms or conditions of State Permit No. 49177 at Lot 10
in Everett Yopp Estates located in or near Sneads Ferry, Onslow County, North Carolina. The violation
involved Estuarine Shoreline and Estuarine Water Areas, which are Areas of Environmental Concern
designated by the Coastal Resources Commission.
The Coastal Area Management Act provides that a civil assessment of up to $1,000 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. Please be reminded that you have been issued one prior violation
in the Estuarine Shoreline and Estuarine Water AEC's, Pursuant to the North Carolina Administrative
Code, Title 15A, subchapter 7J .0409(g)(5)(d)(iii), the amount of the civil assessment proposed against you
will reflect the repetitive nature of your noncompliance with the Coastal Area Management Act (CAMA) and
the Coastal Resource Commission's rules.
Under the rules of the Coastal Resources Commission, a proposed civil penalty in the amount of $480 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 $480 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.
127 Cardinal Drive Ext., Wilmington, North Carolina 28405-3845
Phone: [phone] \ FAX: [phone] \ Internet: www.nccoastalmanagement.net
An Equal opportunity \ Affirmative Action Employer— 50% Recycled \ 10% Post Consumer Paper

Mr. Peter Mueller
April 8, 2009
Page 2 of 3
If you do not send a signed agreement and payment to this office within ten (10) days, the Director of the
Division of Coastal Managementwill 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.
Thank you for your time and cooperation in resolving this important matter. Ifyou have any questions,
please do not hesitate to contact me at [phone].
Sincerely,
Steven H. Everhart PhD
District Manager
Division of Coastal Management
Enclosures
cc: Ted Tyndall, Assistant Director, DCM
Roy Brownlow, Compliance Coordinator, DCM
Tara Croft, Compliance and Enforcement Representative
Andrea Frazier, LPO
a
127 Cardinal Drive Ext., Wilmington, North Carolina 28405.3845
Phone: [phone] \ FAX: [phone] \ Internet: www.nccoastalmanagement.net
An Equal Opportunity \ Affirmative Action Employer — 50% Recycled \ 10% Post Consumer Paper

Mr. Peter Mueller
April 8, 2009
Page 3 of 3
CAMA VIOLATION #08-53D
Mr. Peter Mueller
AGREEMENT TO PAY PROPOSED CIVIL ASSESSMENT
1 understand that the staff of the Department of Environment and Natural Resources will propose the
assessment of a civil penalty in the amount of $480. against me for violation of the Coastal Area
Management Act, NCGS 113A-100 et seg, committed on or near property at Lot 10 in Everett Yopp Estates
adjacent to Everett Creek located in or near Sneads Ferry, 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 re -issued Notice of Violation letter resent on January 7, 2009 and agree to pay the
proposed civil assessment of $480.
DATE
SIGNATURE
ADDRESS
TELEPHONE NUMBER
127 Cardinal Drive Ext., Wilmington, North Carolina 28405-3845
Phone: [phone] \ FAX: [phone] \ Internet: www.nccoastalmanagement.net
An Equal Opportunity \ Affirmative Action Employer— 50% Recycled \ 10% Post Consumer Paper

'1'
ARIA.
NCDENR
North Carolina Department of Environment and Natural Resources
Division of Coastal Management
Michael F. Easley, Governor James H. Gregson, Director William G. Ross Jr., Secretary
April 8, 2009
CERTIFIED MAIL 7008 1140 0002 95631229
RETURN RECEIPT REQUESTED
Hammerhead Marine Construction
C/o Peter Mueller
606 Peru Road
Sneads Ferry, NC 28460
RE: CAMA VIOLATION #08-53D
Dear Mr. Mueller:
APf� j 3
2009
'Oreheaa City DCiyj
This Second Notice of Assessment letter is in reference to the Notice of Violation originally sent to you on
September 17, 2008, re -issued on November 24, 2008, returned unclaimed to this office on December 22,
2008 and resent on January 7, 2009 that Tara Croft, representative for the Division of Coastal
Management, issued to you for the violation of the terms or conditions of State Permit No. 49177 at Lot 10
in Everett Yopp Estates located in or near Sneads Ferry, Onslow County, North Carolina. The violation
involved Estuarine Shoreline and Estuarine Water Areas, which are Areas of Environmental Concern
designated by the Coastal Resources Commission.
The Coastal Area Management Act provides that a civil assessment of up to $1,000 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. Please be reminded that you have been issued one prior violation
in the Estuarine Shoreline and Estuarine Water AEC's. Pursuant to the North Carolina Administrative
Code, Title 15A, subchapter 7J .0409(g)(5)(d)(iii), the amount of the civil assessment proposed against you
will reflect the repetitive nature of your noncompliance with the Coastal Area Management Act (CAMA) and
the Coastal Resource Commission's rules.
Under the rules of the Coastal Resources Commission, a proposed civil penalty in the amount of $480 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 $480 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.
127 Cardinal Drive Ext., Wilmington, North Carolina 28405.3845
Phone: [phone] \ FAX: [phone] \ Internet: www.nccoastaimanagement.net
An Equal Opportunity \ Affirmative Action Employer— 50% Recycled \ 10% Post Consumer Paper

Mr. Peter Mueller
April 8, 2009
Page 2 of 3
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 remission of the penalty.
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,
Steven H. Everhart PhD
District Manager
Division of Coastal Management
Enclosures
cc: Ted Tyndall, Assistant Director, DCM
Roy Brownlow, Compliance Coordinator, DCM
Tara Croft, Compliance and Enforcement Representative
Andrea Frazier, LPO
127 Cardinal Drive Ext., Wilmington, North Carolina 28405-3845
Phone: [phone] \ FAX: [phone] \ Internet: www.nccoastalmanagement.net
An Equal Opportunity \ Affirmative Action Employer- 50% Recycled \ 10% Post Consumer Paper

Mr. Peter Mueller
- April 8, 2009
Page 3 of 3
CAMA VIOLATION #08.531)
Mr. Peter Mueller
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 $480 against me for violation of the Coastal Area
Management Act, NCGS 113A-100 et sec, committed on or near property at Lot 10 in Everett Yopp Estates
adjacent to Everett Creek located in or near Sneads Ferry, 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 re -issued Notice of Violation letter resent on. January 7, 2009 and agree to pay the
proposed civil assessment of $480.
DATE
SIGNATURE
ADDRESS
TELEPHONE NUMBER
127 Cardinal Drive Ext., Wilmington, North Carolina 28405.3845
Phone: [phone] FAX: [phone] Internet: www.nccoastalmanagement.net
• An Equal Opportunity 1 Affirmative Action Employer - 50% Recycled 110% Post Consumer Paper

DCM ENFORCEMENT TRACKING REPORT
Field Rec. �� Is �r Violation Base No. r5
PO V �(C 0
Lpj Violated Permit No
(if applicable)
Violation Descrit'&'
ila activity, permittable? Yes I No
Initial Discovery Date Discovery Method o� 0 .0 0 �� � nViolationQescriptiop`%'i [W IMAilrV10Ali IYA`IAHDa f7 fr� t
Responde6Name
Information Prior V'olations'n eme AEC: No Case. Number -
Yes
Respondent
60 (Landowner/A/�1ent( ontrac
Z A�� tY State ,J"K� Zip O
PhZTne # ' Fax #
��•• Email._
5 Violation'Type: Project Type: Authorizations Required: . Site Visits Respondent Site Visits Respondent
Present Present
`. No Permit X Private/Community Major CAMA _
Permit Condition' - Govt.IPublic Min-21 or Q&F
r� Expired Permit" Commercial General
V � ❑ Inconsistent'wlRules
Violation Location and Site Description
Project Location: County, Rover File
Shoreline Length
Street Address/ State Roa / Lot #(s)'
(cry SAV; Not Sure Yes o
.-.--- _: Sandbags: Not Sure Yes f o
Subdivi ion PNA: No Adjacent
City, .,ZIPWnnkn
ORW: Yes N+ Adjacent
GG�� Crit. Hab. Yes No
Phone # U) ve asin
Photos as N
Adj. W[r. Body _ Waiver Required YaNN
Closest Maj. Wtc Body, - In DWQ Buffer Area Yes 0
Specify DWQ Buffer if applicable: _
Restoration IZ2iS�nQ `I•'L t r
,Vb 9rReCP+� v��� Y Extension Granted Yes No
NOV Date + Initial eq. 'Pomp. ate
CNOV Date Date Comp Obser• ed Restoration Letter
Acceptance Date -
Penalty Assessment �� t/, 409 Ref. Recomm. Assess. D,CM Assess.
Sent to Respondent Date 4W -App./Permit Fee
Rcvd. by Dist. Mgr. Date j Penalty $ I g
Assessment Extended Yes No I $
yn) 11 i $ is
1u� Total
iv�v Cash 51� yO

Formal Assessments, Appeals and Reductions
Date Long Form Submitted
Date Formal CPA Submitted Assessment Appealed Yes 'No
Final Assessment $.
artE _� Penalty modified
Attorney General's Office for Injunction or Formal Collection
Date sent to AG —
--�,.. Respondant not responsive to penalty/NOV
Dale Collection Let. Sent '. Injunction to complete restoration
_� Date Demand Let. Sent__
Violation Activities and Impacts
AECs Affected:
CW EW PTA ES PTS Wetlands Impacted? Yes /O� If yes, which types:
OEA HHF IH SA DS ��// -
. . PWS: FC: SS SC Cl SY A LS TY
Other: �— SP IF BF 404
Restoration Required by the Respondent Yes o
Dimensions in excess
'ofpermit/ unauthorized activities: .Dimensions torestore Final dimensions
j Developmen[ Actyvines �_ allowed Actually restored
NOTES:
-r��=���neceived
Date Case Closed .

NCDENR
North Carolina Department of Environment and Natural Resources
Division of Coastal Management
Michael F. Easley, Governor James H. Gregson, Director William G. Ross Jr., Secretary
NOTICE OF VIOLATION
January 7, 2009
CERTIFIED MAIL 70081140 0002 95631328
RETURN RECEIPT REQUESTED
Hammerhead Marine Construction
C/o Peter Mueller
606 Peru Road (N�
Sneads Ferry, NC 28460
RE: VIOLATION(S) OF CAMA AJOR EVELOPMENT PERMIT NO. 49177
CAMA VIOLATION #08-53
Dear Mr. Mueller:
Please be advised this Notice of Violation takes precedence over the previous Notice dated
September 17, 2008. This letter is in reference to our September 4, 2008 visit onsite at Mr. Charles Yopp's
property, adjacent to Everett Creek located in or near Sneads Ferry, off Hwy 172, Onslow County, North
Carolina. The purpose of the onsite meeting was to investigate the unauthorized increase of the permitted
bulkhead length adjacent to the bulkhead within Everett's Creek on the aforementioned property. This
letter also references our initial July 9, 2008 site visit to conduct routine monitoring for General Permit
number 49177.
Information gathered by me for the NC Division of Coastal Management indicates that your actions as
contractor for Mr. Charles Yopp violated the terms or conditions of State Permit No. 49177 which was
issued to Mr. Charles Yopp by the Coastal Resources Commission (CRC) and the North Carolina
Department of Environment and Natural Resources. I have information that indicates you have undertaken
or are legally responsible for installation of 538 linear feet of bulkhead with two wing walls measuring 8.5
feet and 10 feet respectively on the aforementioned property. Based on these findings, I am initiating an
enforcement action by issuing this Notice of Violation for violation of the Coastal Area Management Act.
On December 28, 2007, State Permit No. 49177 was issued to Mr. Charles Yopp for installation of 500
linear feet of vinyl bulkhead within Everett's Creek on property located in Onslow County, North Carolina,
off Hwy 172. This permit was issued for a CAMA Minor Development in the Estuarine Shoreline and
Estuarine Water Area of Environmental Concern (AEC), in accordance with North Carolina General
Statutes (N.C.G.S.) 113A-118.
This permit included the following terms and conditions(s):
1. The permitted bulkhead shall not exceed 500 linear feet.
For the following reasons, you are in violation of the above terms and conditions(s) of the permit:
127 Cardinal Drive Ext., Wilmington, North Carolina 28405-3845
Phone: [phone]\ FAX: [phone] \ Internet: www.nccoastalmanagement.net
An Equal Opportunity \ Affirmative Action Employer — 50% Recycled \ 10% Post Consumer Paper

Mr. Moeller
January 7, 2009
Page 2 of 2
1. The installed bulkhead measures 538 feet with two wing walls measuring 8.5 feet and 10 feet
respectively.
If the terms and conditions of a permit are not complied with, the permit becomes null and void from the
date of its issuance.
I request that you immediately CEASE AND DESIST any further development and contact me about this
matter. A civil assessment of up to $1,000 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 $1,000. An injunction or criminal penalty may also
be sought to enforce any violation in accordance with N.C.G.S. 113A-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 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 7J.0409(g)(5)(E), the policy of
the Coastal Resources Commission is to levy a civil assessment against contractors in addition to that
assessed against the landowner. Therefore, 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 immediate 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,
aF F
Tara Croft
Compliance and Enforcement Representative
Cc: Ted Tyndall, Assistant Director, DCM
Steven H. Everhart PhD, District Manager, DCM
Roy Brownlow, Compliance Coordinator, DCM
Jon Giles, Field Representative, DCM
Andrea Frazier, LPO
127 Cardinal Drive Ext., Wilmington, North Carolina 28405-3845
Phone: [phone] FAX: [phone] Internet: www.nccoastaimanagement.net
An Equal Opportunity 1 Affirmative Action Employer — 50% Recycled 110% Post Consumer Paper

ft
7y-
NCDENR
North Carolina Department of Environment and Natural Resources
Division of Coastal Management
Michael F. Easley, Governor James H. Gregson, Director William G. Ross Jr., Secretary
January 7, 2009
CERTIFIED MAIL 7008 1140 0002 9563 1328
RETURN RECEIPT REQUESTED
Hammerhead Marine Construction
C/o Peter Moeller
606 Peru Road
Sneads Ferry, NC 28460
RE: CAMA VIOLATION #08-53D
Dear Mr. Mueller:
z
JAN Is 2009
Mere.heeg Dity DGM
This letter is in reference to the Notice of Violation originally sent to you on September 17, 2008, re -issued
on November 24, 2008, returned unclaimed to this office on December 22, 2008 and resent on January 7,
2009 that Tara Croft, representative for the Division of Coastal Management, issued to you for the violation
of the terms or conditions of State Permit No. 49177 at Lot 10 in Everett Yopp Estates located in or near
Sneads Ferry, Onslow County, North Carolina. The violation involved Estuarine Shoreline and Estuarine
Water Areas, which are Areas of Environmental Concern designated by the Coastal Resources
Commission.
The Coastal Area Management Act provides that a civil assessment of up to $1,000 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, Please be reminded that you have been issued one prior violation
in the Estuarine Shoreline and Estuarine Water AEC's. Pursuant to the North Carolina Administrative
Code, Title 15A, subchapter 7J .0409(g)(5)(d)(iii), the amount of the civil assessment proposed against you
will reflect the repetitive nature of your noncompliance with the Coastal Area Management Act (CAMA) and
the Coastal Resource Commission's rules.
Under the rules of the Coastal Resources Commission, a proposed civil penalty in the amount of $480 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 $480 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.
127 Cardinal Drive Ext., Wilmington, North Carolina 28405-3845
Phone: [phone]FAX: [phone]Internet: www.nccoastalmanagement.net
An Equal Opportunity 1 Affirmative Action Employer — 50% Recycled 110% Post Consumer Paper

Mr. Peter Mueller
January 7, 2009 Y
Page 2 of 3
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 remission of the penalty.
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' °r f�
f,
Steven H. Everhart PhD
District Manager '
Division of Coastal Management
Enclosures
cc: Ted Tyndall, Assistant Director, DCM
Roy Brownlow, Compliance Coordinator, DCM
Tara Croft, Compliance and Enforcement Representative
Andrea Frazier, LPO
127 Cardinal Drive Ext., Wilmington, North Carolina 28405-3845
Phone: [phone] FAX: [phone] Internet: www.nccoastalmanagement.net
An Equal Opportunity 1 Affirmative Action Employer- 50% Recycled 110% Post Consumer Paper

Mr. Peter Mueller
January 7, 2009
Page 3 of 3
CAMA VIOLATION #08.53D
Mr. Peter Mueller
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 $480 against me for violation of the Coastal Area
Management Act, NCGS 113A-100 et seg, committed on or near property at Lot 10 in Everett Yopp Estates
adjacent to Everett Creek located in or near Sneads Ferry, 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 re -issued Notice of Violation letter resent on January 7, 2009 and agree to pay the
proposed civil assessment of $480.
DATE
SIGNATURE
ADDRESS
TELEPHONE NUMBER
127 Cardinal Drive Ext., Wilmington, North Carolina 28405-3845
Phone: [phone] \ FAX: [phone] \ Internet: www.nccoastaimanagement.net
An Equal Opportunity \ Affirmative Action Employer — 50% Recycled \ 10% Post Consumer Paper

vJ
DCM ENFORCEMENT TRACKING cREPORT
Field Rep. 71k a �k Isr Violation Base No.
LIDO 0
Lpl Violated Permit No.
(if applicable)
Violation —�
V101atlOn Description Wa activity permittable? Yes 1 No
Initial Discovery Date I O Discovery Method )finI i �)�k #({A (�Fq�
Violation Qescriptiop � �� % 1 ►1� IMA I I IA11) I A In i1 ni 1111�ll,t
Respondent lnformatLoopn� PKfoorr V. lations .n Game AEC: Yes No ( .Case, Number
Respondent Names)
j t t ity "�1 State I Zip f11b�if`LV Ll
Ph ne # : ` Pax # �1
Email
Violation Type: Project Type: Authorizations Required: . Site Visits Respondent Site Visits Respondent
No Permit Private/Community Major CAMA •� I Present Present
Permit Condition' - Govt.IPublic Minor D&F —
u Expired Permit - Commercial ._;' General
Inconsistent wl Rules
Violation Location and Site Description 1—X 1'\ n —
' Rover File dIYJ`i� ►P-T
Project Location: County Shoreline Length t
Street Address/ St Lot #(s) _ SAV: Not Sure Yes /// ��x
dry' Sandbags: Not Sure Yes o
Subdivision PNA: No Adjacent
City — ZIP CRW: Yes N Adjacent
ry O Crit. Hab, Yes No
Phone #'• -0) D ive asin Photos a �No
Adj. Wtr. Body _ L n l nkn Waiver Required l':y'
Closest Maj, Wtr. Body In DWQ Buffer Area Yes
Specify DWQ Buffer if applicable:
Restoration -� �tw 11,(�,(] t �(p^tiNaCy P
NOV Date (J + `rV+ Initial Reqomp ate.�"t
CNOV Date Date Comp. Observed
Penalty Assessment l�- �'1'� _ qpg Ref,
Sent to Respondent Date App./Permit Fee .
Rcvd. by Dist. Mgr. Date Penalty
gAssessment Extended Yes No
Wo Total
Extension Granted
Restoration Letter
Acceptance Date
Recomm. Assess.
5
Yes No
DCM Assess.

Formal Assessments, Appeals and Reductions
Date Long Form Submitted
Date Formal CPA Submit . ted Assessment Appealed yes No
Final Assessment g.
Penalty modified
Attorney General's Office for lnjunctiolpl----------------.
or Formal Collection
Date sent to AG 7-7
--1 Respandant not responsive to PenaltyINOV
Lj Injunction . ction to complete restoration
Date Collection Let. Sent
Date Demand Let. Sent
Violation Activities and Impacts
AECs.Affected:
CW
Lw�) I PTA DES PTS Wetlands Impacted? Yes If yes, which types,
OEA HHF IH 60D
PWS: SA OS Cl SY A LS TY
FC: SS SC
Other: SIP IF BF 404
- — — — — — — — — — — — — — Restoration Required by the Respondent Yes I o
IDimensions in excess
of per i unauthorized activities! Final dimensions
Development
Ac['vities �_ allowed Actually restored
+ — — — — — — — — —
NOTES:
Closing
Payment Received
Date Case Closed

U
NCDENR
North Carolina Department of Environment and Natural
Division of Coastal: Management
Michael F. Easley, Governor James H. Gregson, Director
NOTICE OF VIOLATION
November 24, 2008
CERTIFIED MAIL 70081140 0002 9563 0611
RETURN RECEIPT REQUESTED
Resources
William G. Ross Jr., Secretary
Hammerhead Marine Construction MOrehead
C/o Peter Mueller City dCn/!
121 Gemstone Lane
Sneads Ferry, NC 28460
RE: VIOLATION(S) OF CAMA MAJOR DEVELOPMENT PERMIT NO. 49177
CAMA VIOLATION #08-53D
Dear Mr. Mueller:
Please be advised this Notice of Violation takes precedence over the previous Notice dated
September 17, 2008. This letter is in reference to our September 4, 2008 visit onsite Mr. Charles Yopp
property, adjacent to Everett Creek located in or near Sneads Ferry, off Hwy 172, Onslow County, North
Carolina. The purpose of the onsite meeting was to investigate the unauthorized increase of the permitted
bulkhead length adjacent to the bulkhead within Everett's Creek on the aforementioned property. This
letter also references our initial July 9, 2008 site visit to conduct routine monitoring for General Permit
number 49177.
Information gathered by me for the NC Division of Coastal Management indicates that your actions as
contractor for Mr. Charles Yopp violated the terms or conditions of State Permit No. 49177 which was
issued to Mr. Charles Yopp by the Coastal Resources Commission (CRC) and the North Carolina
Department of Environment and Natural Resources. I have information that indicates you have undertaken
or are legally responsible for installation of 538 linear feet of bulkhead with two wing walls measuring 8.5
feet and 10 feet respectively on the aforementioned property. Based on these findings, I am initiating an
enforcement action by issuing this Notice of Violation for violation of the Coastal Area Management Act.
On December 28, 2007, State Permit No. 49177 was issued to Mr. Charles Yopp for installation of 500
linear feet of vinyl bulkhead within Everett's Creek on property located in Onslow County, North Carolina,
off Hwy 172. This permit was issued for a CAMA Minor Development in the Estuarine Shoreline and
Estuarine Waw: Area of Environmental Concern (AEC), in accordance with North Carolina General
Statutes (N.C.G.S.) 11 3A-1 18.
This permit included the following terms and conditions(s):
1. The permitted bulkhead shall not exceed 500 linear feet.
For the following reasons, you are in violation of the above terms and conditions(s) of the permit:
127 Cardinal Drive Ext., Wilmington, North Carolina 28405-3845
Phone: [phone]\ FAX: [phone] \ Internet: www.nccoastaimanagement.net
An Equal Opportunity \ Affirmative Action Employer - 50% Recycled \ 10%, Post Consumer Paper

Mr. Moeller
November 24, 2008
Page 2 of 2
1. The installed bulkhead measures 538 feet with two wing walls measuring 8.5 feet and 10 feet
respectively.
If the terms and conditions of a permit are not complied with, the permit becomes null and void from the
date of its issuance.
I request that you immediately CEASE AND DESIST any further development and contact me about this
matter. A civil assessment of up to $1,000 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 $1,000. An injunction or criminal penalty may also
be sought to enforce any violation in accordance with N.C.G.S. 113A-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 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 7J.0409(g)(5)(E), the policy of
the Coastal Resources Commission is to levy a civil assessment against contractors in addition to that
assessed against the landowner, Therefore, you should expect a civil assessment to be levied against you.
The relevant statutes and regulations are available from this office, and 1 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. I request that you
contact me immediately about these important matters.
Sincerely,
Tara Croft
Compliance and Enforcement Representative
Cc: Ted Tyndall, Assistant Director, DCM
Steven H. Everhart PhD, District Manager, DCM
Roy Brownlow, Compliance Coordinator, DCM
Jon Giles, Field Representative, DCM
Andrea Frazier, LPO
127 Cardinal Drive Ext., Wilmington, North Carolina 28405-3845
Phone: [phone] FAX: [phone] Internet: www.nccoastalmanagement.net
An Equal Opportunity 1 Affirmative Action Employer— 50% Recycled 110% Post Consumer Paper

NCDENR
North Carolina Department of Environment and Natural Resources
Division of Coastal Management
Michael F. Easley, Governor James H. Gregson, Director
November 24, 2008
CERTIFIED MAIL 7008 1140 0002 9563 0611
RETURN RECEIPT REQUESTED
Hammerhead Marine Construction
Clo Peter Moeller
121 Gemstone Lane
Sneads Ferry, NC 28460
RE: CAMA VIOLATION #08-53D
Dear Mr. Mueller:
William G. Ross Jr., Secretary
This letter is in reference to the Notice of Violation originally sent to you on September 17,1008, and re -issued
on November 24, 2008, that Tara Croft, representative for the Division of Coastal Management, issued to you
for the violation of the terms or conditions of State Permit No. 49177 at Lot 10 in Everett Yopp Estates located
in or near Sneads Ferry, Onslow County, North Carolina. The violation involved Estuarine Shoreline and
Estuarine Water Areas, which are Areas of Environmental Concern designated by the Coastal Resources
Commission.
The Coastal Area Management Act provides that a civil assessment of up to $1,000 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. Please be reminded that you have been issued one prior violation in the Estuarine
Shoreline and Estuarine Water AEC's. Pursuant to the North Carolina Administrative Code, Title 15A,
subchapter 7J .0409(g)(5)(d)(iii), the amount of the civil assessment proposed against you will reflect the
repetitive nature of your noncompliance with the Coastal Area Management Act (CAMA) and the Coastal
Resource Commission's rules.
Under the rules of the Coastal Resources Commission, a proposed civil penalty in the amount of $480 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 orderto 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 $480 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.
127 Cardinal Drive Ext., Wilmington, North Carolina 28405-3845 /
Phone: [phone] FAX: [phone] Internet: www,nccoastalmanagement.net 9
An Equal Opportunity 1 Affirmative Action Employer - 50% Recycled 110% Post Consumer Paper

Mr. Peter Mueller
November 24, 2008
Page 2 of 3
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 remission of the penalty.
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,
ZZ941--��
Steven H. Everhart PhD
District Manager
Division of Coastal Management
Enclosures
cc: Ted Tyndall, Assistant Director, DCM
Roy Brownlow, Compliance Coordinator, DCM
Tara Croft, Compliance and Enforcement Representative
Andrea Frazier, LPO
127 Cardinal Drive Ext., Wilmington, North Carolina 28405.3845
Phone: [phone] \ FAX: [phone] \ Internet: www.nccoastaimanagement.net
An Equal Opportunity \ Affirmative Action Employer— 50% Recycled \ 10% Post Consumer Paper

Mr. Peter Mueller
November 24, 2008
Page 3 of 3
CAMA VIOLATION #08.53D
Mr. Peter Mueller
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 $480 against me for violation of the Coastal Area Management
Act, NCGS 113A-100 et sec, committed on or near property at Lot 10 in Everett Yopp Estates adjacent to Everett.
Creek located in or near Sneads Ferry, 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 re -issued
Notice of Violation letter dated November 24, 2008, and agree to pay the proposed civil assessment of $480.
DATE SIGNATURE
ADDRESS
TELEPHONE NUMBER
127 Cardinal Drive Ext., Wilmington, North Carolina 28405-3845
Phone: [phone] \ FAX: [phone] \ Internet: www.nccoastaimanagement.net
An Equal Opportunity \ Affirmative Action Employer- 50% Recycled \ 10% Post Consumer Paper

DCM ENFORCEMENT TRACKING REPORT
rt Field Rep. If l ( o \ 1 Is r
Violation Base Na.
LPI 1 Violated Permit No.
(ir applicable)
Violation Descript
Initial Discovery Date
--f
Violation Descriotion
Respondent inform
A
Pei#_
Email
Discovery Method
Fax #
Wa;;,activityapermittable? Yes t No
AEC: Yes^ No I Case. N
Zip
Violation Type: Project Type: Authorizations Required: . Site Visits Respondent Site Visits Respondent
Present - Present
L_ No Permit Private/Community Major CAMA _
Permit Condition' _ Govt.IPublic Mir2or D&F
u Expired Permit Commercial General -—
InconsistentwlRules
Violation Location and Site Description —� I l�
Rover File —40P 7
Project Location: County__ :±
Shoreline Length �—
Street Address/ State Roa /Lot #(s) SAV: Not sure Yes
Sandbags: Not Sure Yes o
Subdivision A PNA: No Adjacent
city,ZIP ORW: Yes No Adjacent
� Crit. Hab. Yes; No
Phone #� �lA!) ive asin Photos �NR)
Adj. Wtr. Body _Tz6c n n /nkn Waiver Required es l':S+'
Closest Mal,
Wtr. Body In DWQ Buffer Area Yes
Specify DWQ Buffer if applicable: _
Restoration. _ sry 14kCRU'".2L�.p
NOV Date i Initial Req. Comp. Date N� . Extension Granted Yes No
Restoration Letter
CNOV Date Date Comp. Observed
Acceptance Date
Penalty Assessment 409 Ref. Recomm. Assess. DCM Assess.
Sent to Respondent Date lt wA App./Permit Fee 5 VJ v
Rcvd. by Dist. Mgr. Date j Penalty 5 S
Assessment Extended Yes No
V
?yrnt�
y
Total �.Fl _. �J—
:�nv il, 0
LC
d�10
■

Formal Assessments, gppeals and Reductions
Date Long Form Submitted
Date Formal CPA Submitted Assessment Appealed Yes . Nc
Final Assessment g
Penalty modified
Attorney General's Office for Injunction or Formal Collection
Date sent to AG
Respondant not responsive to penalty/NOV I^ Injunction to complete restoration
Date Collection Let. Sent
—� Date Demand Let. Sent---�
Violation Activities and Impacts
AECs Affected;
CW EW PTA ES PTS Wetlands Impacted? Yes Do If yes, which types:
OEA HHF IH SA DS Cl
SY IR TY
0 her: FC: SS SC SP IF BF qp4
Restoration Required by the Respondent
j Dimensions in excess
i
-of permit/ unauthorized activities: . Dimensions to restore Final dimensions
NOTES:
Closing
Payment Received
Date Case Closed .

North Carolina
Michael F. Easley, Governor
ems,
NCDENR
Department of Environment and Natural Resources
Division of Coastal Management
James H. Gregson, Director
October 16, 2008
CERTIFIED MAIL 7008 1140 0002 95591066
RETURN RECEIPT REQUESTED
Hammerhead Marine Construction
C/o Peter Moeller
111 Fullard Drive
Sneads Ferry, NC 28460
RE., CAMA VIOLATION #08-53D
Dear Mr. Mueller:
William G. Ross Jr., Secretary
P
;�avz
OL 1 2 L 2008
Wreheaa City DCM
This letter is in reference to the Notice of Violation dated September 17, 2008 that Tara Croft, representative for
the Division of Coastal Management, issued to you for the violation of the terms or conditions of State Permit
No. 49177 at Lot 10 in Everett Yopp Estates located in or near Sneads Ferry, Onslow County, North Carolina.
The violation involved Estuarine Shoreline and Estuarine Water Areas, which are Areas of Envirdnmental
Concern designated by the Coastal Resources Commission,
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. Please be reminded that you have been issued one prior
violation in the Estuarine Shoreline and Estuarine Water AEC's. Pursuant to the North Carolina Administrative
Code, Title 15A, subchapter 7J .0409(g)(4)(d)(iii), the amount of the civil assessment proposed against you will
reflect the repetitive nature of your noncompliance with the Coastal Area Management Act (CAMA) and the
Coastal Resource Commission's rules.
Under the rules of the Coastal Resources Commission, a proposed civil penalty in the amount of $2040 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 orderto 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 $2040 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.
127 Cardinal Drive Ext., Wilmington, North Carolina 28405-3845
Phone: [phone] FAX: [phone] Internet: www,nccoastalmanagement.net
0
An Equal Opportunity 1 Affirmative Action Employer — 50% Recycled 110% Post Consumer Paper

Mr. Peter Mueller
October 16, 2008
Page 2 of 3
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 remission of the penalty.
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,
Steven H. Everhart PhD
District Manager
Division of Coastal Management
Enclosures
cc: Ted Tyndall, Assistant Director, DCM
oy Brownlow, Compliance Coordinator, DCM
ara Croft, Compliance and Enforcement Representative
Andrea Frazier, LPO
127 Cardinal Drive Ext., Wilmington, North Carolina 28405-3845
Phone: [phone] FAX: [phone] Internet: www.nccoastalmanagement.net
An Equal Opportunity 1 Affirmative Action Employer- 50% Recycled 110% Post Consumer Paper

Mr. Peter Mueller
✓ October 16, 2008
Page 3 of 3
CAMA VIOLATION #08.53D
Mr. Peter Mueller
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 $2040 against me forviolation of the Coastal Area Management
Act, NCGS 113A-100 at sec, committed on or near property at Lot 10 in Everett Yopp Estates adjacent to Everett
Creek located in or near Sneads Ferry, 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 September 17, 2008, and agree to pay the proposed civil assessment of $2040.
DATE SIGNATURE
ADDRESS
TELEPHONE NUMBER
127 Cardinal Drive Ext., Wilmington, North Carolina 28405-3845
Phone: [phone] \ FAX: [phone] \ Internet: www.nccoastalmanagement.net
An Equal Opportunity \ Affirmative Action Employer— 50% Recycled \ 10% Post Consumer Paper

ENFORCEMENT TRACKING REPORT
Violation Description
Initial Discovery Date
Violation Qescriotion v�
Respondent
Respondent N
Ay���s _
Ph1ne #-=
Email
Violation Type:
'�
No Permit �`
Permit Condition
u
Expired Permit
JI
Inconsistent w/ Rules
Discovery Method
Project Type:
Private/Community
Govt./Public
Commercial
s� gr Violation Base No. V ��
�C C D
Violated Permit No
(if applicable)
ctivity4permittable? Yes / No
AEC: Yes No 1f :Case. N
%IA. n. ne w _I .
Fax #
Authorizations Required:
Major CAMA
Minor D$F
._; General
StateJ—'-K— Zip
Site Visits Respondent
f Presen t
Site Visits Respondent
Present
Violation Location and Site Description
t ,,
Rover File ��2� �
—�
Project Location: County
Shoreline Length �._f
Street Address/ State Roa / Lot #'(s)
SAV: Not sure Yes 10.
--.___ .-.=�—
Sandbags: Not Sure Yes o
Subdivi ion
PNA: No Adjacent
City
Zlp V
v
ORW: Yes No Adjacent
�� _
Phone 00
0-0
Crit. Hab. Yes No
j_lA1) J,,f,�ive
asln
Photos a N
Adj. Wtr.. Body V1 n I nkn
Waiver Required 'Y"a NN
Closest Maj, Wtr. Body
In DWQ Buffer Area Yes ©o
Specify DWO Buffer if applicable:
Restoration uftc
vvU�-
y/
NOV Dated
I'�
�`/
Initial Req. Comp. Date
Extension Granted Yes No
CNOV Date Date Comp. Observed Restoration Letter
Acceptance Date
Penalty Assessment t1�1 71.0409 Ref Recomm. Assess.
Sent to Respondent Date IO� V� APp./Permit Fee $cTo
Rcvd. by Dist. Mgr. Date
Assessment Extended Yes
DCM Assess.
1$
i Penalty
OEM
No
!!. i k r 1
Total
�A1_ i+► i i

Formal Assessments, Appeals and Reductions
Date Long Form Submitted
Date Formal CPA Submitted Assessment Appealed Yes No
Final Assessment s_
Data Penalty modified
Attorney Genera Office for Injunction or Formal Collection
Date Date sent to AG
Respondant not responsive to penalt y1N0V Injunction to complete restoration
Date Collection Let. Sent
Date Demand Let. Sent
Violation Activities and Impacts
AECS.Affected:
CWEWPTA DES PTS Wetlands impacted? Yes If yes, Which types:
OEA HHF IH co
Pws: SA * DS Cj SY A LS TY
OtheFC: SS SC SID
r: IF BF 404
- — — — — — — — — — — — —
Restoration Required by the Respondent Yes
du
Dimensions in excess
Of permit/ unauthorized activities! Dimensions to restore Final dimensions
Pvpj"'ent Ac[�vities �
— allowed Actually y restored
NOTES:
Closing
Payment Received
--- ----- - - --
Date Case Closed

�xnu
Elaine F. Marshall
Secretary
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DEPARTMENT OF THE
SECRETARY OF STATE
PO Box 29622 Raieo, INC 27626-0622 [phone]
Date: 10/20/2008
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NC Hammerhead Legal
Marine Construction
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Business Corporation Information
SOSID: 0619745
Status: Dissolved
Date Formed:
Elaine F. Marshall
Secretary
Corporations Home
Search By Corporate Name
Search For New Corporation
Search By Registered Agent
Important Notice
Corporations FAQ
Homeowners' Association FAQ
Tobacco Manufacturers
Dissolution Reports
Non -Profit Reports
Verify Certification
Online Annual Reports
KBBE B2B Annual Reports
SOSID Number Correction
2001 Bill Summaries
1999 Senate Bills
Annual Reports 1997
Corporations 1997
Register for E-Procurement
Dept. of Revenue
Start An Order
New Payment Procedures
Corporations Division
Secretary of State Home
Secretary of State Site Map
Printable Page
North Carolina
DEPARTMENT OF THE
SECRETARY OF STATE
PO Box 29622 Raieo, INC 27626-0622 [phone]
Date: 10/20/2008
Click here to:
View Document Filings I Sign Up for E-Notifications I
Print apre-populated Annual Report Form I Annual Report
Count I File an Annual Report I
Corporation Names
Name Name Type
NC Hammerhead Legal
Marine Construction
Inc.
Business Corporation Information
SOSID: 0619745
Status: Dissolved
Date Formed:
2/11/2002
Citizenship:
Domestic
State of Inc.:
NC
Duration:
Perpetual
Registered Agent
Agent Name:
Ward, Eric Mitchell
Registered Office
127 Abingdon Lane
Address:
Troutman NC 28166
Registered Mailing
Address:
Principal Office
No Address
Address:
Principal Mailing
No Address
Address:
Stock
Class Shares No Par Value
Par Value

1cG"-4L t 3) S' P 3—
o8'y�9 yv/r
NCDENR
North Carolina Department of Environment and Natural Resources
Division of Coastal Management
Michael F. Easley, Governor James H. Gregson, Director William G. Ross Jr., Secretary
NOTICE OF VIOLATION.
September 17, 2008
CERTIFIED MAIL 70081140 0002 9559 0922
RETURN RECEIPT REQUESTED
�ky�
-J
Hammerhead Marine Construction t ou o,
C/o Peter Moeller
111 Fullard Drive
Sneads Ferry, NC 28460
- B
Sip � 8 2n�
morenead c►ty Ucom
RE: VIOLATION(S) OF CAMA MAJOR DEVELOPMENT PERMIT NO. 49177
CAMA VIOLATION#08-53D
Dear Mr. Moeller:
This letter is in reference to our September 4, 2008 visit onsite Mr. Charles Yopp property, adjacent to
Everett Creek located in or near Sneads Ferry, off Hwy 172, Onslow County, North Carolina. The purpose
of the onsite meeting was to investigate the unauthorized increase of the permitted bulkhead length
adjacent to the bulkhead within Everett's Creek on the aforementioned property. This letter also references
our initial July 9, 2008 site visit to conduct routine monitoring for General Permit number 49177.
Information gathered by me for the NC Division of Coastal Management indicates that your actions as
contractor for Mr. Charles Yopp violated the terms or conditions of State Permit No. 49177 which was
issued to Mr. Charles Yopp by the Coastal Resources Commission (CRC) and the North Carolina
Department of Environment and Natural Resources. I have information that indicates you have undertaken
or are legally responsible for installation of 538 linear feet of bulkhead with two wing walls measuring 8.5
feet and 10 feet respectively on the aforementioned property. Based on these findings, I am initiating an
enforcement action by issuing this Notice of Violation for violation of the Coastal Area Management Act.
On December 28, 2007, State Permit No. 49177 was issued to Mr. Charles Yopp for installation of 500
linear feet of vinyl bulkhead within Everett's Creek on property located in Onslow County, North Carolina,
off Hwy 172. This permit was issued for a CAMA Major Development in the Estuarine Shoreline and
Estuarine Water Area of Environmental Concern (AEC), in accordance with North Carolina General
Statutes (N.C.G.S.) 113A-118.
This permit included the following terms and conditions(s):
1. The permitted bulkhead shall not exceed 500 linear feet.
For the following reasons, you are in violation of the above terms and conditions(s) of the permit:
127 Cardinal Drive Ext., Wilmington, North Carolina 28405-3845
Phone: [phone]\ FAX: [phone] \ Internet: www.nccoastalmanagement.net
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Mr. Moeller
September 17, 2008
Page 2 of 2
1. The installed bulkhead measures 538 feet with two wing walls measuring 8.5 feet and 10 feet
respectively.
If the terms and conditions of a permit are not complied with, the permit becomes null and void from the
date of its issuance.
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 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. 113A-126.
It is the policy of the Coastal Resources Commission to levy a civil assessment not to exceed $10,000, plus
investigative costs against all violations of this type. This is done to recoup some of the costs of
investigating violations and/or to compensate the public for any damage to its natural resources. The
amount assessed depends on 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 7J.0409(g)(4)(E) the policy of
the Coastal Resources Commission is to levy a civil assessment against contractors in addition to that
assessed against the landowner. Therefore, 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 immediate 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,
— � (a& —
Tara Croft
Compliance and Enforcement Representative
Cc: Ted Tyndall, Assistant Director, DCM
Steven H. Everhart PhD, District Manager, DCM
Roy Brownlow, Compliance Coordinator, DCM
Jon Giles, Field Representative, DCM
Andrea Frazier, LPO
127 Cardinal Drive Ext., Wilmington, North Carolina 28405-3845
Phone: [phone] FAX: [phone] Internet: www.nccoastalmanagement.net
An Equal Opportunity 1 Affirmative Action Employer— 50% Recycled 110% Post Consumer Paper

SEP 2 3 2008
DCM ENFORCEMENT TRACKING REPORT
yU ��)k Is�usr Moreh" Dw
Field Reo. Violation Base No.
LPO — 441111
� I'1'�C D
pi Violated Permit No.
Violation Description
Initial Discovery Date -% 1 0 Discovery
Violation Descriotion 1 v1 NIOAIA L4 `7 t-9
ndent Information J
Violation Type:
No Permit'
Permit Condition-
\
Expired Permit
Inconsistent w/ Rules
AEC: Yes / No
Fax #
permittable? Yes I No
State J_1'1. Zip
Project Type: - I Authorizations Required: . Site Visits Respondent Site Visits Respondent
Private/Community Major CAMA —7 Present Present
Govt./Public Minor (D&F —
Commercial ONE
General .--
Violation Location and Site Description
Project Location: County
Street Addres / State Rota / Lot #(s)
Phone #' (I j V)
Adj, Wtr. Body
Closest Maj, Wtr. Body
Restoration
NOV Date
CNOV Date
Penalty Assessment
Sent to Respondent Date
Rcvd. by Dist. Mgr. Date
Assessment Extended Yes No
Initial Req. Comp. Date
Rover File —p `gyp llo7T
Shoreline Length�t
SAV: Not Sure Yes o
Sandbags: Not Sure Yes lo
PNA: No Adjacent
CRW: Yes N Adjacent
Crit. Hab. Yes
� No
Photos /Ya) N
Waiver Required lies. N
In DWQ Buffer Area Yes o
Specify DWQ Buffer if applicable:
Extension Granted Yes No
Restoration Letter
Date Comp. Observed - Acceptance Date _
7J.0409 Ref. Recomm. Assess. DCM Assess.
App./Permit Fee $ $
Penalty $ $
i
Willful/Intent. $ S
I Continuing S i $
Total
$