15-12A Smith

FC6 R
North Carolina Department of Environment and Natural Resources
Pat McCrory Donald R. van der Vaart
Governor Secretary
June 4, 2015
CERTIFIED MAIL INSERT #7012 0470 002 0007 7481
RETURN RECEIPT REQUESTED
Brad Smith
112 Bunch Road
Aydlett, NC 27916
RE: CAMA VIOLATION #15-12A
Dear Mr. Smith:
This letter is in reference to the Notice of Violation dated June 4, 2015 that Ron Renaldi, representative for
the Division of Coastal Management, issued to you for the installation of a third formalized slip at 112
Bunch Road, Currituck County. The violation involved the Public Trust Area and Estuarine Waters, 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.
Under the rules of the Coastal Resources Commission, a proposed civil penalty in the amount of $527.00 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 $527.00 made payable to the North Carolina Department of Environment
and Natural Resources (NCDENR); and, (3) return the signed agreement and payment to this office in the
enclosed, self-addressed envelope within ten (10) days of your receipt of this letter. Upon deposit of your
check in the Department's account, you will receive a Notice of Compliance officially closing this
enforcement action.
If you do not send a signed agreement and payment to this office within ten (10) days, the Director of the
Division of Coastal Management will formally assess a civil penalty against you. You will then have the
opportunity to request a hearing on the penalty or request remission of the penalty. RECEIVED
JUN 0 81015
1367 US 17 South, Elizabeth City, NC 27909 WA*_ W laity
Phone: [phone] \ FAX: [phone] ; Internet: www,nocoastalmanagement.net
An Equal Opportunity \ Affirmative Action Employer

Brad Smith
June 4, 2015
Page 2 of 2
Thank you for your time and cooperation in resolving this important matter. If you have any questions,
please do not hesitate to contact me at [phone].
Sincerely,
Frank Jenni s
District Manager, Northeast District
NC Division of Coastal Management
FAJ/rar
Enclosure: Agreement to Pay Proposed Civil Assessment
cc: --Roy Brownlow, Compliance Coordtnator, DCM, Morehead City
Ron Renaldi, Field Representative, DCM, Elizabeth City

CAMA VIOLATION # 15-12A
Brad Smith
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 $527.00 against me for violation of the Coastal Area
Management Act, NCGS 113A-100 et sec, committed on or near my property 112 Bunch Road in Currituck
County, North Carolina. In order to resolve this matter with no further action or expense on my part, I
accept responsibility for the violation as described in the Notice of Violation letter dated June 4, 2015, and
agree to pay the proposed civil assessment of 152ZQg.
DATE
SIGNATURE
ADDRESS
TELEPHONE NUMBER
RECEIVED
JUN 0 8 20b
Hjwm'"nh+,0"

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North Carolina Department of Environment and Natural Resources
Pat McCrory Donald R. van der Vaart
Governor Secretary
NOTICE OF VIOLATION
June 4, 2015
CERTIFIED MAIL #7012 0470 002 0007 7481
RETURN RECEIPT REQUESTED
Brad Smith
112 Bunch Road
Aydlett, NC 27916
RE: NOTICE OF VIOLATION AND REQUEST TO CEASE UNAUTHORIZED DEVELOPMENT
CAMA VIOLATION #15-12A
Dear Mr. Smith:
This letter confirms that on June 2, 2015, 1 was onsite at your property located at 112 Bunch Road adjacent
to the Currituck Sound located in or near Aydlett, off SR#1160, Currituck County, North Carolina. The
purpose of the visit was to investigate the unauthorized installation of a third formalized slip within the
Currituck Sound. This letter also confirms email and phone communications on June 4, 2015
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.) 11 3A-1 18.
I have information that indicates you have undertaken or are legally responsible for converting a single jet -
ski lift to a double lift on the aforementioned property bringing the formalized slip count to three. This
activity took place in the Public Trust Area and Estuarine Waters that are contiguous with the Currituck
Sound. The Public Trust Area and Estuarine Water areas are designated as Areas of Environmental
Concern (AEC). No CAMA permit was issued to you for the above mentioned 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.
I request that you immediately CEASE AND DESIST any further development. 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.113A-126.
RECEIVED
1367 US 17 South, Elizabeth City, NC 27909 JUN 0 8 2015
Phone: [phone] \ FAX: [phone] ; Internet: www.ncoDastalmanagement.net pMr1MN NNpIl31 Q"
An Equal opportunity \ Affirmative Action Employer

Brad Smith
June 4, 2015
Page 2 of 2
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. Thank you for your
time and cooperation in resolving this important matter.
Sincerely,
Ron Renaldi
Field Representative
Cc: Frank Jennings, District Manager, DCM
Roy Brownlow, Compliance Coordinator, DCM

DCM ENFORCEMENT TRACKING REPORT
Issuer Rep. � on rw `� t �er
Violation Case No. I S- Vo
Rep.
(x,ru✓alPermit No. i'-1 (o4g
ElCl l� (if applicable)
Violation Description Was activity pennittable.Z4'sg / No
Initial Discovery Date (,1411 S Discovery Method Q non4m,�i 4 k,,,� e- I I mind S' k I
Violation Description InVY4111C 5,,.,•a %ni a4-- bunko In eL h..,+ houiA Tli
Respondent I ntormation Prior CAMA or D/F Violations: Yes CND
Prior Case No:
RespondentName(s) 'gre)I Sw,', I-. _
(Landowner/Agent/Contractor)
Addressg 11), gunt.h Rd City .�,. .Y�1..t�. f�- State NC. ,Zip
Phone#, sue> .SI-9ctyo Fax
��k.r��,-.
Corporate Name & Registered agent
Violation Type: Project Type: Authorizations Required.
Site Visits Respondent Site Visits
Respondent
No Perm@ Private/Community f��t Major CAMA
Present
Present
® Permit Condition Q Govt./Public Minor U D&F
r]
L1 Expired PermitCommercial General
Q Inconsistent w/ Rules Tier Level: 1 II III
Violation Location and Site Description
LaULong
/1
Project Location: County Cvrr,�QcK
Shoreline Length ^loo,
Street Address/ State Road/ Lot #(a) j a $u„ u k 2 � (S2# I16P)
SAV: Not sure Yes
Sandbags: Not Sure Yes
Subdivision k) JA
PNA: Yes
Jo
Adjacent
ZIP a-4911.
Yes
Adjacent
City . A4 A 1t } i
_6 -Hob--- -
9
RECEIVED
Phone River Basin 2u p u o{ 0g k
Photos es.
No
Adj. Wtr. Body (t.vrrAT �)= ��r� �afJman/unkn)
Waiver Required Yes
No
SUN 08 2015
In DWQ BufferArea Yes
rNo
iJMIW.tWMLJ 4;µv
Closest Maj. Wtr. Body
. -
Specify DWQ Buffer if applicable:
Restoration
Extension Granted
Yes No
NOV Date Initial Req. Comp. Date
CNOV Date
Penalty Assessment
Sent to Respondent Date
Rcvd. by Dist. Mgr. Date
Assessment Extended Yes
Date Comp. Observed
App./Permit Fee
Penally
No WiIlfuUlntent.
Continuing
Restoration Letter
Acceptance Date
7,1.0409 Ref.
Recomm. Assess.
DCM Assess.
4� A�
$
$
Cd
$
Total
'$ S � . OU

Formal Assessments, Appeals and. Reductions
Date Long Form Submitted - Assessment Appealed: Yes No
Date Formal CPA Submitted
.Q Penaltymodified
Final Assessment $ Date
Attorney General's Office for Injunction or Formal Collection
Date sent to AG Respondent not responsive to penalty/NOV'i Injunction to complete restoration
Date Collection Letter Sent Date Demand Letter Sent
Violation Activities and Impacts
AECs Affected: Wetlands Impacted? Yes If yes, which types:
CW ) PT ES PTS
OEA H IH UBA N/A SA DS cJ SY JR LS TY
PWS: FC: SS SC SP IF BF 404
Restoration Required by the Respondent Yes / Nc
Dimensions in excess
of permit/ unauthorized activities
Dimensions to restore
Final dimensions
allowed
Actually restored
u.mm'Ew. csJ>cL.�«h.uia,
�i'3; r, a, .,�� ,� �, 3
vr. n.�+.+ sWT..na..i.Jri-rofiti�n�..i§3..$v��a
"�y>' 'wt` ,"
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.`%a�..:.*R+M..n..I�.l'.fl.i'
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1,,X
NOTES:
r�u;l �o lay r url4s way i-��a�.. n,C a-4°lat
'Closing
Payment Received $ Date Date Case Closed

LAMA / ❑ DREDGE & FILL
OOENEOAL PERMIT Previous permit#
�]Nevv w' Modification ❑Complete Reissue ❑Partial Reissue Date previous permit issued
As authorized by the State of North Carolina, Department of Environment and Natural Resources
and the Coastal Resources Commission in an area of environmental concern pursuant to 15A NCAC
O Rules attached.
Applicant Name
Address '
City -
State t>� ZIP,
Phone # (';,�., +) ?t; :, .,"'.
Fax # (--)
Authorized Agent,;_
❑CW
SEW
❑PTA f7 ES f1PTS
Affected
AEC(s): ❑ OEA
❑ HHF
❑ IH ❑ UBA ❑ WA
❑ PWS:
❑FC:
ORW: yes / no
PNA
yes / no Crit.Hab. yes / no
Type of Project/ Activity
Project Location: County_ _
Street Address/ State Road/ Lot #(s)_
City-- ---- ZIP ._....---- --
Phone# (_—)----- _..__________ River Basin
Adj. Wtr. Body-- ____ _ (flat /man /unim
Closest Mal. Wtr. Body --
�pcx41OUIS_Ic" (Scale: )
Pier (dock) length_
Platform(s)
Finger pier(s)
,Ltk,1P_(L4ti `77
Groin length '-- f Q ki [.
number_ y-- ! L� f -
L _ _ &e 7
Bulkhead/ Riprap length__ j" h
avg distance offshore
max distance offshore
Basin, channel ,L
cubic yards _--- i r - �.. QAtz.nr j.
Boat ramp;�/
Beach Bulldozing
Other.__
.. RECEIVED
}�4
Shoreline Length t r ?�� � � I i � � elf N Q 8 '(Q)
SAM not sure es ha.
Sandbags: notsure yes
Sandb y fibaN4'iv}i1111+(#.t; �yi n' l
Moratorium nta yes no i
Photos: y no
Waiver Attached: t9'eF -r(�s
A building permit may be required by: - ❑ See note on back regarding River Basin rules.
Notes/ Special Conditions `. ..
Agent or Applicant Primed Name
Signature •t` Please read compliance statement on back of permit
Application Fee(s) Check*
- PermitOfficWs Signature
Issuing Date Expiration Date
Local Planningfurisdialon Rover Flle Name

� ... _ ._ - y'.

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A UM -
North Carolina Department of Environment and Natural Resources
Pat McCrory
Governor
June 17, 2015
Mr. Brad Smith
112 Bunch Road
Aydlett, NC 27916
Donald R. van der Vaart
Secretary
RECEIVED
1UN 2 2 Mp^
k+.w.I-Onu
RE. Payment of Proposed Penalty for Violations of the Coastal Area Management
Act, Currituck County, CAMA Violation #15-12A
Dear Mr. Smith:
This letter will acknowledge receipt of Landmark Custom Homes & Design's Check #2163,
in the amount of $527 for CAMA Violation #15-12A, dated 06/12/15 . 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 Je District Manager
Northeastern District
Division of Coastal Management
FJ/yc
cc;.. Roy Brownlow, Compliance Coordinator, DCM, Morehead City
Ron Renaldi, Coastal Management Rep., DCM, Elizabeth City
1367 US 17 South, Elizabeth City, NC 27909
Phone: [phone] FAX: [phone]; Intemet: htto 11portal nodenr orolweb/cmftm-home
An Equal Opportunity \ Affirmative Action Employer

RECEIVED
JUN 2 2 1015
N1+WiVjnl 6'W1
CAMA VIOLATION # 15-12A
Brad Smith
AGREEMENT TO PAY PROPOSED CIVIL A
_R E C E I IVE
D
H
FX�141 6 2015 � I
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 J= against me for violation of the Coastal Area
Management Act, NCGS 113A-100 et sec , committed on or near my property 112 Bunch Road in Currituck
County, North Carolina. In order to resolve this matter with no further action or expense on my part, I
accept responsibility for the violation as described in the Notice of Violation letter dated June 4, 2015, and
agree to pay the proposed civil assessment of 12Z.N.
_&/lz%/S`
DATE
SIGNATURE
ADDRESS
Re —29?d
TELEPHONE NUMBER