15-16A Hare

0
North Carolina Department of Environmental Quality
Pat McCrory Donald R. van der Vaart
Governor Secretary
October 1, 2015 RECEIVED
OCT 0 5 2015
Mr. Andy Neal Hare DCM- MHD CITY
1008 Quail Run Road
Edenton, NC 27932
RE, Payment of Proposed Penalty for Violations of the Coastal Area Management
Act, Chowan County, CAMA Violation #05-16A
Dear Mr. Neal:
This letter will acknowledge receipt of your Check #1246, in the amount of $554, and dated
September 29, 2015. Once the amount of the check is credited to the Department of
Environment and Natural Resources' account, this matter will be fully and completely
closed.
If you have any further questions concerning this matter, please contact me at my Elizabeth
City office at 252-264-3901.
Sincerely,
Frank Jennings, District Manager
Northeastern District
Division of Coastal Management
FJ/yc
cc: Roy Brownlow, Compliance Coordinator, DCM, Morehead City
Lynn Mathis, Coastal Management Rep., DCM, Elizabeth City
1367 US 17 South, Elizabeth City, NC 27909
Phone: [phone] FAX: [phone]; Internet. htttpl/nortal.ncdenr,org/web/cm/dcm-home
An Equal Opportunity l Affirmative Action Employer

NC Division of Coastal Management
Cashier's Official Receipt 07254
91
Date: O b / 20 L S
Received From:: r $
V
Permit No.: ' `- V / —L � ii" Check No.:
rl
Applicant's Name: '�-p— County: C o v3 p 1
ProjectAddress:
Please retain receipt for your records as proof of payment for permit issued.
Signature of Agent or Applicant: ^'E. , L— Date: / // / /� S
Signature of Field Representat' Date: y

Andy Hare
September 23, 2015
Page 3
CAMA VIOLATION #15-16A
Andy Hare
AGREEMENT TO PAY PROPOSED CIVIL ASSESSMENT
I understand that the staff of the Department of Environmental Quality will propose the assessment of a civil
penalty in the amount of $554,00 against me for violation of the Coastal Area Management Act, NCGS
113A-100 at seMc , committed on or near my property 4450 Gilbert's Beach Road in Chowan 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 August 27, 2015, and agree to pay the
proposed civil assessment of $554.00.
e� ;2-�/15 4-'1 A�--
DATE RECEIVED SIGNATURE p
OCT 0 5 2015 /d dT 'j l ~ter
ADDRESS
DCM- MHD CITY 4Je^�°^� A) 2-t93�
;_S ?- If 8'2-01/6
TELEPHONE NUMBER

NCDEE R
North Carolina Department of Environment and Natural Resources
Pat McCrory Donald R. van der Vaart
Governor Secretary
NOTICE OF VIOLATION
August 27, 2015
CERTIFIED MAIL 7012 3460 0002 0625 5382
RETURN RECEIPT REQUESTED
Andy Hare
1008 Quail Run Road
Edenton, North Carolina 27932
RE: NOTICE OF VIOLATION AND REQUEST TO CEASE UNAUTHORIZED DEVELOPMENT
CAMA VIOLATION #15.16A
Dear Mr. Hare:
This letter confirms that on August 20, 2015, 1 was onsite at your property located at 4450 Gilbert's Beach
Road, adjacent to the Chowan River, located in or near the community of Tyner, Chowan County, North
Carolina. The purpose of the visit was to inspect permitted development that included the construction of
170' of bulkhead, fill and grading of the adjacent bank, the repair of an existing pier, and the removal of a
second pier. Unauthorized development on the aforementioned includes the construction of a: 1) a wooded
groin, 2) a small shore side deck, 3) a small landing and stairs in the water adjacent to the bulkhead, and,
4) replacement pier (not qualifying as repair and maintenance). This letter also confirms our conversation
on Friday August 21, 2015, regarding this matter.
Information gathered by me for the Division of Coastal Management indicates that you have undertaken
major development in violation of the Coastal Area Management Act (CAMA). No person may undertake
major development in a designated Area of Environmental Concern (AEC) without first obtaining a permit
from the North Carolina Department of Environment and Natural Resources. This requirement is imposed
by North Carolina General Statute (N.C.G.S.) 113A-1 18.
I have information that indicates you have undertaken or are legally responsible for the construction of the
following unauthorized structures: 1) a wooded groin, 2) a small shore side deck, 3) a small landing and
stairs in the water adjacent to the bulkhead, and, 4) a replacement pier, on the aforementioned property.
This activity took place in Public Trust Waters and the Public Trust Shoreline that are contiguous with the
Chowan River. Public Trust Waters and Public Trust Shoreline areas are designated as Areas of
Environmental Concern (AEC). No CAMA permit was issued to you for work in these Areas. Based on
these findings, I am initiating an enforcement action by issuing this Notice of Violation for violation of the
Coastal Area Management.
1367 US 17 South, Elizabeth City, NC 27909 RECENED
Phone: 252-264,3901 \ FAX: [phone] ; Internet: www.nccoastalmanagement.net SEP 0
An Equal Opportunity \ Affirmative Action Employer 3 2015
tY;µ{y

Andy Hare
August 27, 2015
Page 2 of 2
I request that you immediately CEASE AND DESIST any further unauthorized development and contact
me about this matter. A civil assessment of up to $10,000 plus investigative costs may be assessed
against any violator. Each day that the development described in this Notice is continued or repeated may
constitute a separate violation that is subject to an additional assessment of $10,000. An injunction or
criminal penalty may also be sought to enforce any violation in accordance with N.C.G.S. 11 3A-126.
It is the policy of the Coastal Resources Commission to assess a civil penalty plus investigative costs
against all violations. This is done to recoup some of the costs of investigating the violation and/or to
compensate the public for 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 review of the Coastal Area Management Act, Coastal Resource Commission's rules, and the
local jurisdiction's Land Use Plan, the activity you have undertaken appears consistent with the guidelines
for Areas of Environmental Concern. Therefore, restoration of the impacted area is not requested at this
time.
The relevant statutes and regulations are available from this office, and I am willing to assist you in
complying with the requirements of these laws. A site inspection will be made in the near future to
determine whether this REQUEST TO CEASE AND DESIST has been complied with. I request that you
contact me at [phone] about these important matters. Thank you for your time and cooperation in
resolving this important matter.
Sincerely,
Lynn W. Mathis
Field Specialist
Cc: Frank A. J ' ict Manager, DCM
o------R-y Brownlow, Compliance C rdinator, DCM
Raleigh Bland,
RECEIVED
SEP 0 3 7015
kxw

1-1 DCM ENFORCEMENT TRACKING REPORT
Issuer
Field Specialist /tip &42-& "l
LPO ❑
LPJ
Violation Case No. ` _lew
Violated Permit N
(if applicable)
Violation DescriptionWas activity permittable? t V/ No
Initial Discovery Date A,.f,AAO45 Discovery Method 06 l,L,< 11-LoyZ-712i rCo'o
Violation Description T� /F fat, G&iev 3% 64f, )"LL6 F S)?0�/2tN &W7"Zr�_
�% 87/z14E 5e�JE- �Jei/� �
Prior CAMA or D/F Violations: Yes / No
Respondent Name(s)
Address /Uf> c✓/lA/! /cZ/.e! .Pbt97J city f2k�,
Phone # Fax #
Email
State Ale Zip 2 37
Violation Type. Project Type: Authorizations Required: Site Visits Respondent Site Visits Respondent
Present Present
No Permit Private/Community — Major CAMA 70
❑ Permit Condition ❑ Govt./Public Minor ❑ D&F _ ❑ ❑
77f
❑ Expired Permit ❑ Commercial ❑ General Ki 1 ❑ ❑
❑ inconsistent w/ Rules Tier Level: I ® III El ❑
Violation Location and Site Description
Project Location: County
Street Address/ State Road/ Lot #(s)
`/f S v (P'tLa�GPTS /�trtcH �O
Subdivision
city TTW61L ZIP 2 t 915a
Phone # ( St4LL - PWWK7 River Basin
Adj. Wtr. Body ak-U /man /unkn
Closest Maj. Wtr. Body C6,22
Lat/Longc/5 %ZaZOeN 76�d/-/�//.u"J~dll
i
Shoreline Length
SAV: s yr3i Yes No
Sandbags: Not Sure Yes 1S
PNA:
ORW:
Crit. Hab.
Photos
Waiver Required
In DWQ Buffer Area
Yes
JrgP Adjacent
Yes
�V Adjacent
Yes
69
69.9&
Yes
dV
Yes
IV
Specify DWQ Buffer if applicable:
Restoration "t(GPA4
Extension Granted Yes No
NOV Date
CNOV Date
Penalty Assessment
Sent to Respondent Date
Rcvd. by Dist. Mgr. Date
Assessment Extended Yes No
Initial Req. Comp. Date
Date Comp. Observed
App./Permft Fee
Penalty
WiIlfuUlntent.
Continuing
Investigative
Restoration Letter
Acceptance Date
710409 Ref.
Recomm. Assess.
DCM Assess.
$ f,SZS.c-ri
$
$ 7S0-OX,
$
$
$
Total
0

Formal Assessments, Appeals and Reductions
Date Long Form Submitted Assessment Appealed: Yes No
Date Formal CPA Submitted Penalty modified f
Final Assessment $ Date
Attorney General's Office for Injunction or Formal Collection
Date sent to AG Respondent not responsive to penalty/NOV ❑ Injunction to complete restoration
Date Collection Let. Sent Date Demand Let. Sent
Violation Activities and Impacts
AECs Affected: Wetlands Impacted? Yes If yes, which types:
CW EW PTA ES PTS
OEA HHF IH UBA N/A SA DS CJ SY JR LS TY
PWS: FC: SS SC SP IF BF 404
Other:
Restoration Required by the Respondent Yes / d
Dimensions in excess Dimensions to restore Final dimensions Actually restored
of permit/ unauthorized activities allowed
Development Activities
Habitat Description
NOTES: Oe ez0kT— — AU0-1A is /Y44e-2/7s 14 Fa" lc/° # e ?Ik5 55 rJ
zvis ^e Hnxc -IWeW 409 S A(4& rfE 4c ",e -
Ue� K C40✓I nA t% a on lC /3�L iry NBC /Ftle
AA AWU ii414 I's
RECEMED
SEP 0 S Mb
Closing
Payment Received $ Date Date Case Closed

North Carolina Department of Environmental Quality
Pat McCrory Donald R. van der Vaart
Governor Secretary
September 23, 2015
CERTIFIED MAIL 7012 0470 0002 0007 7542
RETURN RECEIPT REQUESTED
Andy Hare
1008 Quail Run Road
Edenton, North Carolina 27932
RE: CAMA VIOLATION#15-16A
Dear Mr. Hare:
This letter is in reference to the Notice of Violation dated August 27, 2015 that Lynn Mathis, representative
for the Division of Coastal Management, issued to you for unauthorized development that included the
following: 1) a wooded groin, 2) a small shore side deck, 3) a small landing and stairs in the water adjacent
to the bulkhead, and, 4) replacement pier (not qualifying as repair and maintenance), on or adjacent to the
Chowan River, in Chowan County. The violation involved the Public Trust Shoreline and Public Trust
Waters, which are Areas of Environmental Concern designated by the Coastal Resources Commission.
Based upon review of the Coastal Area Management Act, Coastal Resource Commission's rules, and the
local jurisdiction's Land Use Plan, the development activity undertaken is consistent with the guidelines for
Areas of Environmental Concern. Therefore, restoration of the impacted area was not requested.
The Coastal Area Management Act provides that a civil assessment of up to $10,000.00 plus investigative
costs may be assessed for any violation. It is the policy of the Coastal Resources Commission to assess a
civil penalty for all violations in order to recover some of the costs of investigating violations and/or to
compensate the public for any damage to its natural resources.
Under the rules of the Coastal Resources Commission, a proposed civil penalty in the amount of $554.00 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 $554.00 made payable to the North Carolina Department of
Environmental Quality (NCDEQ); 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.
RECEIVED
1367 US 17 South, Elizabeth City, NC 27909
Phone: [phone] FAX: [phone] ; Internet: www.nccoastalmanagernent.net SEP 2 8 2015
An Equal Opportunity 1 Affirmative Action Employer
DCM- MHD C

Andy Hare
September 23, 2015
Page 2
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,
Frank A. Jenning , III
District Manager, Northeast District
NC Division of Coastal Management
FAJAm
Enclosure: Agreement to Pay Proposed Civil Assessment
cc: Roy Brownlow, Compliance Coordinator, DCM, Morehead City
Lynn Mathis, Field Specialist, DCM, Elizabeth City

Andy Hare
September 23, 2015
Page 3
CAMA VIOLATION #15-16A
Andy Hare
AGREEMENT TO PAY PROPOSED CIVIL ASSESSMENT
I understand that the staff of the Department of Environmental Quality will propose the assessment of a civil
penalty in the amount of $554.00 against me for violation of the Coastal Area Management Act, NCGS
113A-100 et sea, committed on or near my property 4450 Gilbert's Beach Road in Chowan 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 August 27, 2015, and agree to pay the
proposed civil assessment of $554.00.
DATE
SIGNATURE
ADDRESS
TELEPHONE NUMBER
RECEIVED
SEP 2 S 2015
DCM- MHD CITY

DCM ENFORCEMENT TRACKING REPORT
/ Issuer
Field Specialist �{ AIM ✓ 1�7%�7S Afl Violation Case No.
LPO ❑
Violated Permit No.
LPJ (if applicable)
Violation Description Was activity permittable? d7/ No
Initial Discovery Date Discovery Method �t�Tli --� / P ,- ,'&-2,<,, 5e
Violation Description s�,PEL!p{1!}j%LLg"c7/ !i ,J[(�E 21 M&U �v�P1r7�(J J% �9VrLd7[�LG SV,�}lsL lA/ fv�97Z`aa° ..
rl 82{ZY E 5 �F 'dCC fC —T
Respondent Information
,� Prior CAMA or D/F Violations: Yes / No
Respondent Name(s) /fj kll)y /.LrN2E7
Address C`J /a// /a4& /c6'il y City 1::2kA42'7, 1
Phone# 2SZ-2-32--PIS'T Fax#
State & GG Zip e eV32
Violation Type: Project Type: Authorizations Required: Site Visits Respondent Site Visits Respondent
Present Present
No Permit Private/Community k{ Major } CAMA
Permit Condition Govt./Public A[] Minor %Q D&F _
Expired Permit R Commercial Q General Xf Z
t] Inconsistent w/ Rules Tier Level: 1 © III
Violation Location and Site Description Lat/Long
Project Location: County Ls# dl
Street Address/ State Road/ Lot #(s)
ft, far ai4-7eee R0
Subdivision
CRY TljntC-2 ZIP
Phone # ( q4ty�� tfAalie-7 River Basin
2? 176 D
Adj. Wtr. Body a /man /unkn
Closest Ma Wtr Bod Cf�2
i
Shoreline Length 7 sr6/
SAV: let Yes No
Sandbags: Not sure
PNA:
ORW:
Crit. Hab.
Photos
Waiver Required
In DWQ Buffer Area
Yes M
Yes ZKfd Adjacent
Yes rV Adjacent
Yes 45)
69�
Yes �p
Yes RECEIVED
j y Specify DWQ Buffer if applicable
Restoration ei,/,P&EJ `"-r N w IV rJ
Extension Granted Yes No
NOV Date Initial Req. Comp. Date
Restoration LeM_ MHD CITY
CNOV Date Date Comp. Observed Acceptance DaTee `'
Penalty Assessment
Sent to Respondent Date25�=c� App./Permit Fee
Rcvd. by Dist. Mgr. Date
Assessment Extended Yes No Willful/Intent.
Continuing
7J.0409 Ref.
Recomm. Assess.
DCM Assess.
Z
$ 5 Ua
Is
Total
j S • CV

Formal Assessments, Appeals and Reductions & Y
wxvjt
Date Long Form Submitted
Date Formal CPA Submitted
Final Assessment $
Attorney General's Office for Injunction or Formal Collection
Date sent to AG
Assessment Appealed: Yes No
❑ Penalty modified
❑ Respondent not responsive to penalty/NOV ❑ Injunction to complete restoration
Date Collection Let. Sent Date Demand Let. Sent
Violation Activities and Impacts
AECs Affected: Wetlands Impacted? Yes If yes, which types:
CW EW PTA ES PTS
"OEA HHF IH UBA N/A SA" DS CJ SY JR LS TY
PWS: FC: SS SC SP IF BF 404
Other:
Restoration Required by the Respondent Yes o
Dimensions in excess
of permit/ unauthorized activities
Dimensions to restore
Final dimensions
allowed
Act
Actually
y restored
Deyelstpititent Activities
C ✓'
r
rA
r /
Habitat Description
NOTES: /449aE az 14u 1A,0- At4-rj7,14 Die 40 fl-* G ?16e jY4
#A 44u lawAle,ZQ A aA r s e/" sr s/z-ctr ; /2a i s burn j�i1E' or�/�sri
a S ok E u /`is',C. /11,-c - aR,12 Yl � .ziar
r�rvu/4F.uc�i73 " Jrj72/G kk Un
Payment Received $ Date Date Case Closed