05-06A Quidley

DEPARTMENT OF THE ARMY
WILMINGTON DISTRICT, CORPS OF ENGINEERS
PO BOX 1890
WILMINGTON NC 28402-1890
August 15, 2005
Regulatory Division
Action ID No. 200510783
Mr. Charles Jones, Director
Division of Coastal Management
North Carolina Department of Environment
and Natural Resources
400 Commerce Avenue
Morehead City, North Carolina 28557
Dear Mr. Jones:
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AUG 17 2oo5
A'nreh"d City
By letter dated April 11, 2005, Mr. Michael Quidley was notified of alleged violations of
permit conditions or limitations resulting in the discharge of fill material in waters of the United
States on his property located off N.C. Highway 12, adjacent to the Pamlico Sound, in Buxton,
Dare County, North Carolina. Our District Engineer proposes to assess a Class I Administrative
Penalty under the authority of 33 U.S.C. § 1319(g) and 33 CFR Part 326.6. We are required to
firmish you a copy of the Proposed Order and the information contained in the enclosed Public
Notice.
You may provide written comments on the Proposed Penalty Order at anytime within
30 calendar days after receipt of this notice. Your comments should be addressed to the District
Engineer, care of Mr. Justin McCorcle, Office of Counsel, Wilmington District, U.S. Army
Corps of Engineers, P.O. Box 1890, Wilmington, North Carolina 28402.
The violator may also provide written comments and/or request a hearing on the Proposed
Penalty Order at anytime within 30 calendar days after receipt of this notice. A request for a
hearing must be in writing, specifying in summary form the factual and legal issues that are in
dispute and the specific factual and legal grounds for the defense.
If the violator does not request a hearing, the District Engineer will withdraw, issue, or
modify and issue the enclosed Proposed Order as a Final Order. The decision will be based on
the administrative record, including any comments and/or evidence submitted by the violator and
members of the public. All evidence will be considered, and the decision will be based on a
preponderance of the evidence, that is, on the greater weight of evidence that is credible and
convincing to the mind.

-2-
Please direct any questions regarding this matter to Mr. McCorcle at the address provided
above, or by telephone at [phone].
Sincerely,
S. Kenneth Jolly
Chief, Regulatory Division
Enclosures
Copies Furnished:
Mr. Danny Smith
Division of Water Quality
Surface Water Protection
Section
1617 Mail Service Center
Raleigh, North Carolina 27699-1628
Ted Tyndall
North Carolina Division of Coastal Management
400 Commerce Avenue
Morehead City, NC 28557

Permit: USACE Individual Permit No. 199703715 lg!Gi
17 2005
PROPOSED ADMINISTRATIVE PENALTY ORDMbrehead City DCM
Under the authority granted by 33 U.S.C. § 1319(g) and 33 CFR Part 326.6, I,
Colonel John E. Pulliam, Jr., District Engineer, Wilmington District, propose to issue this
order assessing a Class 1 Administrative Penalty for violation of the above -referenced
permit.
Name/Address of Permittee:
Mr. Michael Quidley
Post Office Box 223
Buxton, North Carolina 27920
Permitted Activity:
The maintenance excavation of an existing man-made access channel and canal, and the
construction of a commercial multi -slip dock, boat ramp, bulkhead, and a fish
house/restaurant, on property located off NC Highway 12, adjacent to the Pamlico Sound,
in Buxton, Dare County, North Carolina, consistent with the application and plans
approved for USACE Individual Permit No. 199703715, and State CAMA Permit No. 81-
92.
Condition(s) or Limitation(s) of Permit Reportedly Violated:
Mr. Quidley failed to comply with special condition (8) of the permit, which states that
"No excavated or fill materials will be placed at any time in any vegetated wetlands or
waters."
Description of the Nature of the Violation(s):
Mr. Quidley discharged unauthorized miscellaneous debris and demolition material into
approximately 22,100 square feet (0.50-acre) of high quality coastal marsh wetlands and
navigable waters subject to Department of the Army Regulatory jurisdiction.
I propose to assess a Class 1 Administrative Penalty against the permittee in this case for $
5,000; however, this proposal is subject to revision in the interest of justice after all
evidence and comments have been received and reviewed. The amount that may be
assessed as a Class 1 Administrative Penalty may not exceed $11,000 per individual
violation or a maximum amount of $27,500.

�d"E
AUG 17 2005
-2-
MOt9fluad City DCM
i' Issued this 19 day of August 2005.

DEPARTMENT OF THE ARMY
Wilmington District, Corps of Engineers
Post Office Box 1890
Wilmington, North Carolina 28402-1890
Action ID No. 200510783
PUBLIC NOTICE
P(zifrrl ./
AU(� Y
7 b
2005
August Cir, DC vlw
I
INTERESTED PARTIES: The District Engineer, Wilmington District, proposes
to issue an order assessing a Class I Administrative Penalty against Mr. Michael Quidley
for a violation of permits granted under Section 404 of the Clean Water Act and Section
10 of the Rivers and Harbors Act of 1899.
PERNHTS INVOLVED AND ALLEGED VIOLATION: The Department of
the Army issued an Individual Permit to Mr. Quidley on May 7, 1997, and assigned the
project Action ID No. 199703715. This permit authorized maintenance excavation
activities within an existing access channel and man-made canal in navigable waters of
the United States on Mr. Quidley's property, located off N.C. Highway 12, adjacent to
the Pamlico Sound, in Buxton, Dare County, North Carolina. The State of North Carolina
authorized the maintenance excavation activities under CAMA Permit No. 81-92 on
April 8, 1997. The permit has been renewed and modified on several occasions to include
widening of the man-made canal and basin, the construction of a boat dock, bulkhead,
boat ramp, fish house/restaurant, and parking area. The most recent modification and
renewal occurred on January 14, 2005.
Permit No. 199703715 was violated as follows:
The permittee discharged unauthorized miscellaneous debris and demolition
material into approximately 22,100 square feet (0.50-acre) of high quality coastal marsh
wetlands and navigable waters subject to Department of the Army Regulatory
jurisdiction. The unauthorized fill material consisted of broken concrete, rebar, wire,
metal, plastic, vegetative root wads, and unconsolidated earthen fill material. Mr. Quidley
failed to comply with special condition (8) of the permit, which states, "No excavated or
fill materials will be placed at any time in any vegetated wetlands or waters."
In response to the enforcement action for Permit No. 199703715, Mr. Quidley
was required to restore pre -project elevations and contours to the impacted area. The
restoration activities were coordinated thorough state and Federal resource management
agencies and included the mechanical removal of all unauthorized fill material placed
within jurisdictional wetlands and navigable waters of the United States. Mr. Quidley
completed the restoration work to the satisfaction of all agencies on June 20, 2005.

OF(MM."Viv
AUTHORITY FOR PROCEEDING: This Administrative Penalty proc>$ 7
is initiated under the authority of 33 U.S.C. 1319(g) and 33 CFR Part 3 a !otice
procedure for assessing civil penalties in cases such as this is set out in the}y�regulation. Following the discovery and investigation of a violation of a permit, ni 1 •,I OC,
given to the permittee, the appropriate state agency, and the public. The permittee, the
state, or any member of the public may file comments within 30 days. If requested by the
permittee, a hearing will be held before a Presiding Officer who will submit a report and
recommend a decision to the District Engineer. The District Engineer will issue a Final
Order on the case to the permittee. Public participation in the hearing is permitted if a
hearing is held.
PENALTY PROPOSED: The amount of the penalty proposed in this case is
$5,000. This proposal is subject to revision in the interest of justice after all evidence and
comments have been received and reviewed. The amount of the penalty that the District
Engineer is authorized to assess as a Class I Penalty is $11,000 per violation and not
more than $27,500 total. In a case involving multiple violators, each violator is subject to
a separate, not joint, penalty.
REQUEST FOR HEARING: The permittee has 30 days following receipt of
this formal notice of proposed penalty to request a hearing. Written request, by the
permittee, for a hearing should be directed to the District Engineer within this designated
comment period and must state the specific reasons for requesting a public hearing. The
request should specify, in summary form, the factual and legal issues in dispute and the
specific grounds for defense. The permittee has a right to present evidence at the hearing;
however, he may not challenge the permit condition or limitation, which is the subject
matter of this order.
COMMENTS/ADNIINISTRATIVE RECORD: During the 30 day comment
period, any person may submit written comments on the proposed Penalty Order. These
comments should be sent to the District Engineer by 4:30 p.m., September 16, 2005. Any
submitted comments will be included in the administrative record relating to the
Proposed Order. All information submitted by the permittee and persons commenting on
the Proposed Order will be placed in the administrative record, which will be available
for inspection during regular business hours at the U.S. Army Corps of Engineers,
Wilmington District, 69 Darlington Avenue, Wilmington, North Carolina. (The
administrative record is subject to the provisions of law restricting the disclosure of
confidential information.) Comments should be directed to:
U.S. Army Corps of Engineers
ATTN: Justin McCorcle (CESAW-OC)
PO Box 1890
Wilmington, North Carolina 28402
2

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Marighead Cl-jy jCM
PUBLIC HEARING: The permittee and all persons who file comments will be
given notice of any hearing held on this case. The permittee and all commenters will
have a reasonable opportunity to be heard and to present evidence at such hearing, if a
hearing is held.
FINAL DECISION: If the permittee does not request a hearing, the District
Engineer may issue the Final Order on this violation on or after 30 days following receipt
of this formal notice by the permittee.
POST DECISION HEARING/APPEAL: Any Final Order issued under these
procedures shall become effective 30 calendar days following its issuance unless (1) a
petition to set aside the order and to hold a hearing is filed by any person who
commented on the Proposed Order and the petition is granted, or (2) an appeal to the
United States District Court is taken under 33 U.S.C. 1319(g)(8).

DEPARTMENT OF THE ARMY
WILMINGTON DISTRICT, CORPS OF ENGINEERS
PO BOX 1890
WILMINGTON NC 28402-1890
August 15, 2005
Regulatory Division
Action ID No. 200510783
Ms. Cyndi Karoly
Division of Water Quality
North Carolina Department of Environment
and Natural Resources
1650 Mail Service Center
Raleigh, North Carolina 27699-1650
Dear Ms. Karoly:
By letter dated April 11, 2005, Mr. Michael Quidley was notified of alleged violations of
Permit conditions or limitations resulting in the discharge of fill material in waters of the United
States on his property located off N.C. Highway 12, adjacent to the Pamlico Sound, in Buxton,
Dare County, North Carolina. Our District Engineer proposes to assess a Class I Administrative
Penalty under the authority of 33 U.S.C. § 1319(g) and 33 CFR Part 326.6. We are required to
furnish you a copy of the Proposed Order and the information contained in the enclosed Public
Notice.
You may provide written comments on the Proposed Penalty Order at anytime within
30 calendar days after receipt of this notice. Your comments should be addressed to the District
Engineer, care of Mr. Justin McCorcle, Office of Counsel, Wilmington District, U.S. Army
Corps of Engineers, P.O. Box 1890, Wilmington, North Carolina 28402.
The violator may also provide written comments and/or request a hearing on the Proposed
Penalty Order at anytime within 30 calendar days after receipt of this notice. A request for a
hearing must be in writing, specifying in summary form the factual and legal issues that are in
dispute and the specific factual and legal grounds for the defense.
If the violator does not request a hearing, the District Engineer will withdraw, issue, or
modify and issue the enclosed Proposed Order as a Final Order. The decision will be based on
the administrative record, including any comments and/or evidence submitted by the violator and
members of the public. All evidence will be considered, and the decision will be based on a
preponderance of the evidence, that is, on the greater weight of evidence that is credible and
convincing to the mind.

IgLvwmu U 4V
AUG 1 7 2005
Morehead City DCM
-2-
Please direct any questions regarding this matter to Mr. McCorcle at the address provided
above, or by telephone at [phone].
Sincerely,
ci �14�
S. Kenneth Jolly
Chief, Regulatory Division
Enclosures
Copies Furnished:
Mr. Charles Jones, Director
JDivision of Coastal Management
North Carolina Department of Environment
and Natural Resources
400 Commerce Avenue
Morehead City, North Carolina 28557
Mr. Danny Smith
Division of Water Quality
Surface Water Protection
Section
1617 Mail Service Center
Raleigh, North Carolina 27699-1628
Ted Tyndall
North Carolina Division of Coastal Management
400 Commerce Avenue
Morehead City, NC 28557

DEPARTMENT OF THE ARMY
WILMINGTON DISTRICT, CORPS OF ENGINEERS
PO BOX 1890
WILMINGTON NC 28402-1890
September 26, 2005
Regulatory Division
Mr. Charles Jones, Director
Division of Coastal Management
North Carolina Department of Environment
and Natural Resources
400 Commerce Avenue
Morehead City, North Carolina 28557
Dear Mr. Jones:
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SEP!OWED
9 2005
Morehead City DCM
This is in reference to our letter of August 15, 2005, in which you were provided a
copy of a Proposed Class 1 Administrative Penalty for alleged violations of Department of the
Army Permit No. 199703715.
A Final Order has been issued assessing a Class 1 Administrative Penalty against Mr.
Michael Quidley in the amount of $5,000. A copy is enclosed.
Sincerely,
S. Kenneth Jolly l
Chief, Regulatory Division
Enclosure

Permit: USACE Individual Permit No. 199703715
o AWED
SEP 2 9 2005
Morehead City DCM
FINAL ADMINISTRATIVE PENALTY ORDER
Under the authority granted by 33 U.S.C. § 1319(g) and 33 CFR Part 326.6, I,
Colonel John E. Pulliam, Jr., District Engineer, Wilmington District, issue this order assessing a
Class 1 Administrative Penalty for violation of the above -referenced permit.
Name/Address of Permittee:
Mr. Michael Quidley
Post Office Box 223
Buxton, North Carolina 27920
Permitted Activity:
The maintenance excavation of an existing man-made access channel and canal, and the
construction of a commercial multi -slip dock, boat ramp, bulkhead, and a fish house/restaurant,
on property located off NC Highway 12, adjacent to the Pamlico Sound, in Buxton, Dare County,
North Carolina, consistent with the application and plans approved for USACE Individual Permit
No. 199703715, and State CAMA Permit No. 81-92.
Condition(s) or Limitation(s) of Permit Reportedly Violated:
Mr. Quidley failed to comply with special condition (8) of the permit, which states that "No
excavated or fill materials will be placed at any time in any vegetated wetlands or waters."
Description of the Nature of the Violation(s):
Mr. Quidley discharged unauthorized miscellaneous debris and demolition material into
approximately 22,100 square feet (0.50-acre) of high quality coastal marsh wetlands and
navigable waters subject to Department of the Army Regulatoryjurisdiction.
It is my decision that a Class 1 Administrative Penalty in the amount of $5,000 shall be assessed
against the permittee. Pemmttee will pay the penalty by cashier's or certified check, payable to
FAO, USAED Wilmington, and delivered to the Office of Counsel, U.S. Army Engineer District,
P.O. Box 1890, Wilmington, North Carolina, 28402, within 30 days from the effective date of
this letter.
The issuance of this Order constitutes final U.S. Army Corps of Engineers action in this case for
purposes of judicial review.

SEP 2 9 2005
-2- Morehead City DCM
This order will become effective 30 calendar days following its issuance unless an appeal is
taken pursuant to 33 U.S.C. § 1319(g)(8) or a hearing is granted Since no hearing was held prior
to the issuance of this Order, a prior commenter may file a petition for a hearing within the 30-
dayperiod
Issued this 2%k day of September 2005.

d
DEPARTMENT OF THE ARMY
WILMINGTON DISTRICT, CORPS OF ENGINEERS
PO BOX 1890
WILMINGTON NC 284024890
August 15, 2005
Regulatory Division
Action ID No. 200510783
Mr. Charles Jones, Director
Division of Coastal Management
North Carolina Department of Environment
and Natural Resources
400 Commerce Avenue
Morehead City, North Carolina 28557
Dear Mr. Jones:
By letter dated April 11, 2005, Mr. Michael Quidley was notified of alleged violations of
permit conditions or limitations resulting in the discharge of fill material in waters of the United
States on his property located off N.C. Highway 12, adjacent to the Pamlico Sound, in Buxton,
Dare County, North Carolina. Our District Engineer proposes to assess a Class I Administrative
Penalty under the authority of 33 U.S.C. § 1319(g) and 33 CFR Part 326.6. We are required to
furnish you a copy of the Proposed Order and the information contained in the enclosed Public
Notice.
You may provide written comments on the Proposed Penalty Order at anytime within
30 calendar days after receipt of this notice. Your comments should be addressed to the District
Engineer, care of Mr. Justin McCorcle, Office of Counsel, Wilmington District, U.S. Army
Corps of Engineers, P.O. Box 1890, Wilmington, North Carolina 28402.
The violator may also provide written comments and/or request a hearing on the Proposed
Penalty Order at anytime within 30 calendar days after receipt of this notice. A request for a
hearing must be in writing, specifying in summary form the factual and legal issues that are in
dispute and the specific factual and legal grounds for the defense.
If the violator does not request a hearing, the District Engineer will withdraw, issue, or
modify and issue the enclosed Proposed Order as a Final Order. The decision will be based on
the administrative record, including any comments and/or evidence submitted by the violator and
members of the public. All evidence will be considered, and the decision will be based on a
preponderance of the evidence, that is, on the greater weight of evidence that is credible and
convincing to the mind.

-2-
Please direct any questions regarding this matter to Mr. McCorcle at the address provided
above, or by telephone at [phone].
Sincerely,
S. Kenneth Jolly
Chief, Regulatory Division
Enclosures
Copies Furnished:
Mr. Danny Smith
Division of Water Quality
Surface Water Protection
Section
1617 Mail Service Center
Raleigh, North Carolina 27699-1628
JTed Tyndall
North Carolina Division of Coastal Management
400 Commerce Avenue
Morehead City, NC 28557

Permit: USACE Individual Permit No. 199703715
PROPOSED ADMINISTRATIVE PENALTY ORDEF
Under the authority granted by 33 U.S.C. § 1319(g) and 33 CFR Pe
Colonel John E. Pulliam, Jr., District Engineer, Wilmington District, prop(
order assessing a Class 1 Administrative Penalty for violation of the above -referenced
permit.
Name/Address of Permittee:
Mr. Michael Quidley
Post Office Box 223
Buxton, North Carolina 27920
Permitted Activity:
The maintenance excavation of an existing man-made access channel and canal, and the
construction of a commercial multi -slip dock, boat ramp, bulkhead, and a fish
house/restaurant, on property located off NC Highway 12, adjacent to the Pamlico Sound,
in Buxton, Dare County, North Carolina, consistent with the application and plans
approved for USACE Individual Permit No. 199703715, and State CAMA Permit No. 81-
92.
Condition(s) or Limitation(s) of Permit Reportedly Violated:
Mr. Quidley failed to comply with special condition (8) of the permit, which states that
"No excavated or fill materials will be placed at any time in any vegetated wetlands or
waters."
Description of the Nature of the Violation(s):
Mr. Quidley discharged unauthorized miscellaneous debris and demolition material into
approximately 22,100 square feet (0.50-acre) of high quality coastal marsh wetlands and
navigable waters subject to Department of the Army Regulatory jurisdiction.
I propose to assess a Class 1 Administrative Penalty against the pemuttee in this case for $
5,000; however, this proposal is subject to revision in the interest of justice after all
evidence and comments have been received and reviewed. The amount that may be
assessed as a Class 1 Administrative Penalty may not exceed $11,000 per individual
violation or a maximum amount of $27,500.

-2-
Issued this 15 i'day of August 2005.
Bohn E. Pulliam,
Colonel, U.S. Aq
4'0�� woof
O��

DEPARTMENT OF THE ARMY
WILMINGTON DISTRICT, CORPS OF ENGINEERS
PO BOX 1890
W I LM INGTON NC 28402-1890
August 15, 2005
Regulatory Division
Action ID No. 200510783
Ms. Cyndi Karoly
Division of Water Quality
North Carolina Department of Environment
and Natural Resources
1650 Mail Service Center
Raleigh, North Carolina 27699-1650
Dear Ms. Karoly:
By letter dated April 11, 2005, Mr. Michael Quidley was notified of alleged violations of
Permit conditions or limitations resulting in the discharge of fill material in waters of the United
States on his property located off N.C. Highway 12, adjacent to the Pamlico Sound, in Buxton,
Dare County, North Carolina. Our District Engineer proposes to assess a Class I Administrative
Penalty under the authority of 33 U.S.C. § 1319(g) and 33 CFR Part 326.6. We are required to
finish you a copy of the Proposed Order and the information contained in the enclosed Public
Notice.
You may provide written comments on the Proposed Penalty Order at anytime within
30 calendar days after receipt of this notice. Your comments should be addressed to the District
Engineer, care of Mr. Justin McCorcle, Office of Counsel, Wilmington District, U.S. Army
Corps of Engineers, P.O. Box 1890, Wilmington, North Carolina 28402.
The violator may also provide written comments and/or request a hearing on the Proposed
Penalty Order at anytime within 30 calendar days after receipt of this notice. A request for a
hearing must be in writing, specifying in summary form the factual and legal issues that are in
dispute and the specific factual and legal grounds for the defense.
If the violator does not request a hearing, the District Engineer will withdraw, issue, or
modify and issue the enclosed Proposed Order as a Final Order. The decision will be based on
the administrative record, including any comments and/or evidence submitted by the violator and
members of the public. All evidence will be considered, and the decision will be based on a
preponderance of the evidence, that is, on the greater weight of evidence that is credible and
convincing to the mind.

( z %
-2-
Please direct any questions regarding this matter to Mr. McCorcle at the address provided
above, or by telephone at [phone].
Sincerely,
S. Kenneth Jolly
Chief, Regulatory Division
Enclosures
Copies Furnished:
Mr. Charles Jones, Director
Division of Coastal Management
North Carolina Department of Environment
and Natural Resources
400 Commerce Avenue
Morehead City, North Carolina 28557
Mr. Danny Smith
Division of Water Quality
Surface Water Protection
Section
1617 Mail Service Center
Raleigh, North Carolina 27699-1628
JTed Tyndall
North Carolina Division of Coastal Management
400 Commerce Avenue
Morehead City, NC 28557

DEPARTMENT OF THE ARMY
Wilmington District, Corps of Enginf
Post Office Box 1890
Wilmington, North Carolina 28402-1
Action ID No. 200510783
PUBLIC NOTICE
INTERESTED PARTIES: The District Engineer, Wilmington District, proposes
to issue an order assessing a Class I Administrative Penalty against Mr. Michael Quidley
for a violation of permits granted under Section 404 of the Clean Water Act and Section
10 of the Rivers and Harbors Act of 1899.
PERMITS INVOLVED AND ALLEGED VIOLATION: The Department of
the Army issued an Individual Permit to Mr. Quidley on May 7, 1997, and assigned the
project Action ID No. 199103715. This permit authorized maintenance excavation
activities within an existing access channel and man-made canal in navigable waters of
the United States on Mr. Quidley's property, located off N.C. Highway 12, adjacent to
the Pamlico Sound, in Buxton, Dare County, North Carolina. The State of North Carolina
authorized the maintenance excavation activities under CAMA Permit No. 81-92 on
April 9, 1997. The permit has been renewed and modified on several occasions to include
widening of the man-made canal and basin, the construction of a boat dock, bulkhead,
boat ramp, fish house/restaurant, and parking area. The most recent modification and
renewal occurred on January 14, 2005.
Permit No. 199703715 was violated as follows:
The permittee discharged unauthorized miscellaneous debris and demolition
material into approximately 22,100 square feet (0.50-acre) of high quality coastal marsh
wetlands and navigable waters subject to Department of the Army Regulatory
jurisdiction. The unauthorized fill material consisted of broken concrete, rebar, wire,
metal, plastic, vegetative root wads, and unconsolidated earthen fill material. Mr. Quidley
failed to comply with special condition (8) of the permit, which states, "No excavated or
fill materials will be placed at any time in any vegetated wetlands or waters."
In response to the enforcement action for Permit No. 199703715, Mr. Quidley
was required to restore pre -project elevations and contours to the impacted area. The
restoration activities were coordinated thorough state and Federal resource management
agencies and included the mechanical removal of all unauthorized fill material placed
within jurisdictional wetlands and navigable waters of the United States. Mr. Quidley
completed the restoration work to the satisfaction of all agencies on June 20, 2005.

AUTHORITY FOR PROCEEDING: This Administrati
is initiated under the authority of 33 U.S.C. 1319(g) and 33 CFR
procedure for assessing civil penalties in cases such as this is set r
regulation. Following the discovery and investigation of a violation of a permit, notice is
given to the permittee, the appropriate state agency, and the public. The permittee, the
state, or any member of the public may file comments within 30 days. If requested by the
permittee, a hearing will be held before a Presiding Officer who will submit a report and
recommend a decision to the District Engineer. The District Engineer will issue a Final
Order on the case to the permittee. Public participation in the hearing is permitted if a
hearing is held.
PENALTY PROPOSED: The amount of the penalty proposed in this case is
$5,000. This proposal is subject to revision in the interest of justice after all evidence and
comments have been received and reviewed. The amount of the penalty that the District
Engineer is authorized to assess as a Class I Penalty is $11,000 per violation and not
more than $27,500 total. In a case involving multiple violators, each violator is subject to
a separate, not joint, penalty.
REQUEST FOR HEARING: The permittee has 30 days following receipt of
this formal notice of proposed penalty to request a hearing. Written request, by the
permittee, for a hearing should be directed to the District Engineer within this designated
comment period and must state the specific reasons for requesting a public hearing. The
request should specify, in summary form, the factual and legal issues in dispute and the
specific grounds for defense. The permittee has a right to present evidence at the hearing;
however, he may not challenge the permit condition or limitation, which is the subject
matter of this order.
COMMENTS/ADMINISTRATIVE RECORD: During the 30 day comment
period, any person may submit written comments on the proposed Penalty Order. These
comments should be sent to the District Engineer by 4:30 p.m., September 16, 2005. Any
submitted comments will be included in the administrative record relating to the
Proposed Order. All information submitted by the permittee and persons commenting on
the Proposed Order will be placed in the administrative record, which will be available
for inspection during regular business hours at the U.S. Army Corps of Engineers,
Wilmington District, 69 Darlington Avenue, Wilmington, North Carolina. (The
administrative record is subject to the provisions of law restricting the disclosure of
confidential information.) Comments should be directed to:
U.S. Army Corps of Engineers
ATTN: Justin McCorcle (CESAW-OC)
PO Box 1890
Wilmington, North Carolina 28402
PA

PUBLIC HEARING: The permittee and all persons wb
given notice of any hearing held on this case. The permittee an(
have a reasonable opportunity to be heard and to present eviden
hearing is held.
FINAL DECISION: If the permittee does not request a hearing, the District
Engineer may issue the Final Order on this violation on or after 30 days following receipt
of this formal notice by the permittee.
POST DECISION HEARING/APPEAL: Any Final Order issued under these
procedures shall become effective 30 calendar days following its issuance unless (1) a
petition to set aside the order and to hold a hearing is filed by any person who
commented on the Proposed Order and the petition is granted, or (2) an appeal to the
United States District Court is taken under 33 U.S.C. 1319(g)(8).
oohn E. Pul
Colonel, U.
District Ens
3

AGA
NCDENR
North Carolina Department of Environment and Natural Resources
Division of Coastal Management
Michael F. Easley, Governor Charles S. Jones, Director William G. Ross Jr., Secretary
July 7, 2005
Mr. Michael D. Quidley, Sr.
P.O. Box 223
Buxton, NC 27920
JUL 1 2Flo
2005
Morehead City DCM
RE: Payment of Proposed Penalty for Violations of the Coastal Area
Management Act, Dare County, CAMA Violation #05-06A
Dear Mr. Quidley:
This letter will acknowledge receipt of your Check #1279 in the amount of $1,525.00,
and dated 07/06/05. 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,
ed Sa on
District Manager
TS/yc
cc: Ted Tyndall, Assistant Director, DCM
CRoy Brownlow, Compliance Coordinator, DCM
Frank Jennings, Coastal Management Representative, DCM
Raleigh Bland, USACOE, Washington Regulatory Field Office
1367 U.S. 17 South, Elizabeth City, North Carolina 27909
Phone: [phone] FAX: [phone] Internet: www.nccoastaimanagement.net
An Equal Opportunity 1 Affirmative Action Employer - 30% Recycled by Fiber Weight

Mr. Michael Quidley
June 30, 2005
Page 3
CAMA VIOLATION #05.06A
AGREEMENT TO PAY PROPOSED CIVIL ASSESSMENT
JUL m
f 2Cij
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 $1,525 against me for violation of the Coastal Area
Management Act, NCGS 113A-100 at M, committed on or near my property located behind the
Soundside Restaurant in Buxton on NC 12, Dare 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 April 11, 2005, and agree to pay the proposed civil assessment of $1,525.
-7_ Us -
DATE
SIGNATURE
oX v�'\23
ADDRESS
2sz 16���s9b
TELEPHONE NUMBER

Ail
NCDENR
North Carolina Department of Environment and Natural Resources
Division of Coastal Management
Michael F. Easley, Governor Charles S. Jones, Director William G. Ross Jr., Secretary
CERTIFIED MAIL
RETURN RECEIPT REQUESTED
Mr. Michael Quidley
P.O. Box 223
Buxton, NC 27920
Dear Mr. Quidley:
June 30, 2005
M
Morehoed Olt,
RE: CAMA VIOLATION #05-06A
This letter is in reference to the Notice of Violation dated April 11, 2005 that Frank Jennings, representative
for the Division of Coastal Management, issued to you for unauthorized placement of fill material in Coastal
Wetlands, the Pamlico Sound and an adjacent canal located behind the Soundside Restaurant in Buxton
on NC 12, Dare County, North Carolina. The violation involved Coastal Wetlands, Public Trust Area,
Estuarine Waters and Estuarine Shoreline, which are Areas of Environmental Concern designated by the
Coastal Resources Commission. Based upon the site visit conducted on June 8, 2005 by Mr. Jennings, the
restoration requested appears to be complete to the satisfaction of the Division of Coastal Management.
The Coastal Area Management Act provides that a civil assessment of up to $2,500 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 $1,525 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 $1,525 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 Departmenfs account, you will receive a Notice of Compliance officially closing this
enforcement action.
1367 U.S. 17 South, Elizabeth City, North Carolina 27909
Phone: [phone] \ FAX: [phone] \ Internet: www.nocoastalmanagement.net
An Equal Opportunity \ Affirmative Action Employer- 30% Recyded by Fiber Weight

w
Mr. Michael Quidley
June 30, 2005
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,
ed Sampn�
District Manager
Enclosures
cc: Ted Tyndall, Assistant Director, Division of Coastal Management, Morehead City, NC
Roy Brownlow, Compliance Coordinator, DCM, Morehead City, NC
Frank Jennings, Coastal Management Representative, DCM, Elizabeth City, NC
Raleigh Bland, USACOE, Washington Regulatory Field Office

' A
1 Mr. Michael Quidley
June 30, 2005
Page 3
CAMA VIOLATION #05.06A
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 $1,525 against me for violation of the Coastal Area
Management Act, NCGS 113A-100 et se , committed on or near my property located behind the
Soundside Restaurant in Buxton on NC 12, Dare 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 April 11, 2005, and agree to pay the proposed civil assessment of $1,525.
DATE
SIGNATURE
ADDRESS
TELEPHONE NUMBER

DCM ENFORCEMENT TRACKING REPORT
Issuer Q 7 _per
Field Rep. r1eo41JK �Eti iitllrt%GS ❑ Violation Base No.
B C D
LPO
Violated Permit No.
LPj (tapplirahle)
Violation Description Was activity permittable? Yes /
Initial Discovery Date DiscoveryMethod mgSiVfU4T-r oa
Violation
Q
Phone # Fax #
Email
Violation Type: Project Type: Authorizations Required:
Site Visits Respondent Site Visits
Respondent'
❑ No Permit ❑ Private/Community ErMajor N CAMA
• Present
❑ _
Present
❑
❑ Permit Condition ❑t� Govt./Public ❑ Minor ® D&F
El
El
Expired Permit L1) Commercial ❑General
��u r
❑
Inconsistent wl Rules
Violation Location and Site Description
Rover File ...
Project Location: County D SAL Cou.kTY
Shoreline Length
Street Addressl State Road/ Lot #(s) N C z
SAM Not Sure Yes
No
Sandbags: Not Sure Yes
No
pNA: Yes
No
Adjacent
Subdivision---ORW:
Yes
No
Adjacent
City 2 u tL E'a it ZIP-
Crlt. Hab. Yes
No
Phone # (_) River Basin-
Photos Yes
No
""«o S o cc wA + e.4+"ai f F�aC 1�y1Llp$p)—
Waiver Required Yes
No
Adj. Wtn Body
y t Spuav�
Maj. Wtr. Body Co
In DWQ Buffer Area Yes
if
No
Closest
Specify DWQ Buffer applicable:
Restoration / S/111 /o_S Extension Granted
° �` 55 eS Req. Camp. Date e
Yes No
NOV Date . Initial
Restoration Letter
(9
CNOV Date _ Date Comp. Observed �__--
Acceptance Date
-
Penalty Assessment // 7j.0409 Ref, Recomm. Assess. i DCM Assess.
Sent to Respondent Date App./Permit Fee 1 $ $ yno -" T '
Penalty 1113 1/ S ��'�t� is ---
Rcvd by DCM Date - - $
Willful/Intent. �$ Assessment �—
Extended Yes No -• -
Continuing Is _ j $
Other is __- I $
$
- Total

Y
Formal Assessments, Appeals and Reductions
Date Long Form Submitted
Date Formal CPA Submitted
Final Assessment
Attorney General's Office for Injunction or Formal Collection
Assessment Appealed Yes No
❑ Penalty modified
Date sent to AG, ❑ Respandant 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? 'e it No If yes, which types:
�!> (0� �,
OEA HHF IH SA DS ClSY - I LS TY
���
PWS: FC: SS SC rlP� IF BF 404
Other:
Restoration Required by the Respondent (5s / No
Dlmensions in excess
of permit/ unauthorized acdvldes
Dlmenslons to restore
Final dimensions
allowed
Actually restored
Development Activitles
/ 3co/ C.w
e
iQ O
Habitat Description
to 45 &5
NOTES: Sc�Lhr�.ec if -
do Cid — 0/
j�., - 000 P
3,udo
G? Q-ov 107 'sw/vc..0
yoV
1)
Closing
Payment Received $_ --___.—.—__Date._ -- Date Case Closed

AP'8-14
NCDENR
North Carolina Department of Environment and Natural Resources
Division of Coastal Management
Michael F. Easley, Governor Charles S. Jones, Director William G. Ross Jr., Secretary
May 20, 2005
Mr. Michael Quidley Ig!P.O. Box 223
Buxton, NC 27920 2 3 2005
RE: CAMA Violation #05-06A
Dear Mr. Quidley:
Morehead City DCM
This letter confirms that I have received a request from Mr. Brant Wise on your
behalf for an extension of the restoration completion date of May 11, 2005.
It is my understanding that work to remove foreign material is continuing and that
the marsh area has been scraped to remove excess fill material. A site visit
conducted on May 19, 2005 revealed that sand material has penetrated an existing
silt fence and flowed into the adjacent marsh area that is part of the restoration
area. This material must be removed and the silt fence must be properly installed.
Your restoration completion date is extended to June 11, 2005. I intend to make a
site visit the first week in June, and I will coordinate my visit with Mr. Wise as
requested.
If you have any questions, please contact me at 252.264.3901.
Sincerely,
C
Frank A. Jennings, III
Coastal Management Representative
FAJ/ybc
cc: Ted Tyndall, Assistant Director, DCM, Morehead City
Roy Brownlow, Compliance Coordinator, DCM, Morehead City
Raleigh Bland, USACOE, Washington
1367 U.S. 17 South, Elizabeth City, North Carolina 27909
Phone: [phone] FAX: [phone] Internet: www.nccoastalmanagement.net
An Equal Opportunity 1 Affirmative Action Employer— 30% Recycled by Fiber Weight

4P fy
pIN REPLY REFER TO
�Os*nr,s of W c
Regulatory Division
ACTION ID: 200510783
Mr. Michael Quidley
Post Office Box 223
Buxton, North Carolina 27920
Dear Mr. Quidley:
DEPARTMENT OF THE ARMY
WILMINGTON DISTRICT, CORPS OF ENGINEERS
Washington Regulatory Field Office
P.O. Box 1000
Washington, North Carolina 27889-1000
June 30, 2005
R3 Sall 1�j
r-,
JUL 0 8 2005
Morehead City D a`f
Please reference the April 11, 2005, Cease and Desist correspondence that we issued to you
for the unauthorized placement of concrete, vegetative debris and earthen fill material within
approximately 22,100 square feet (0.50 AC) of high quality coastal marsh wetlands and
navigable waters, on property located off NC Highway 12, adjacent to the Pamlico Sound, in
Buxton, Dare County, North Carolina. This correspondence also confirms the June 20, 2005,
onsite inspection conducted by Mr. Raleigh Bland of my staff.
Mr. Bland's inspection revealed that all agreed upon restoration has been satisfactorily
completed. As discussed with Mr. Bland, we are considering civil or administrative penalties
against you for this work. Accordingly, you will be contacted by the Wilmington District's
Office of Counsel to schedule an appointment to discuss these procedures.
Pursuant to Section 404 of the Clean Water Act, prior Department of the Army (DA)
authorization is required for any discharge of dredged or fill material into waters and/or wetlands
on the property. Department of the Army authorization will not be required for work on the
property restricted to existing high ground.
Thank you for your time and cooperation in completing the restoration work. If you have
any questions, please contact Mr. Bland at the Washington Regulatory Field Office, Post Office
Box 1000, Washington, North Carolina 27889-1000, telephone [phone], extension 23.
Sincerely,
VY
TlPDavid M. Lekson, P.W.S.
Chief, Washington Regulatory Field Office

-2-
Copies Furnished:
United States Attorney
Eastern District of North Carolina
310 New Bern Avenue
Suite 800, Federal Building
Raleigh, North Carolina 27601
Mr. Pete Benjamin
United States Fish and Wildlife Service
Fish and Wildlife Enhancement
Post Office Box 33726
Raleigh, North Carolina 27636-3726
Mr. Ronald J. Mikulak, Chief
Wetlands Regulatory Section
Water Management Division
United States Environmental Protection Agency
61 Forsyth Street, SW
Atlanta, Georgia 30303
Mr. Ron Sechler
National Marine Fisheries, NOAA
Habitat Conservation Division
Pivers Island
Beaufort, North Carolina 28516
Mr. Ted Sampson
Division of Coastal Management
North Carolina Department of Environment
and Natural Resources
1367 US 17 South
Elizabeth City, North Carolina 27909

-3-
Mr. Ted Tyndall
Division of Coastal Management
North Carolina Department of Environment
and Natural Resources
400 Commerce Avenue
Morehead City, North Carolina 28557
Mr. Brant Wise
Post Office Box 791
Elizabeth City, North Carolina 27909

e��
w
NCDENR
North Carolina Department of Environment and Natural
Division of Coastal Management
Michael F. Easley, Governor Charles S. Jones, Director
NOTICE OF VIOLATION
May 5, 2005
CERTIFIED MAIL
RETURN RECEIPT REQUESTED
Mr. Michael Quidley
P.O. Box 223
Buxton, NC 27920
RE: CAMA Violation #05-06A
Dear Mr. Quidley:
This letter confirms that on April 4, 2005, Ted Tyndall, Assistant Director of the Division
of Coastal Management (DCM), Raleigh Bland of the US Army Corps of Engineers
(USACOE), and I met Don Rankin and Murray Clark onsite at your property located
behind the Soundside Restaurant adjacent to the Pamlico Sound and a connecting
canal located in or near Buxton, off NC 12, Dare County. The purpose of the visit was
to inspect the progress of restoration work requested in my April 11, 2005, Notice of
Violation letter.
Our inspection revealed that most of the unauthorized concrete fill material has been
removed from the marsh, the open waters of the Pamlico Sound and the canal area.
Mr. Clark was in the process of removing unauthorized rebar and foreign material from
the remaining riprap.
In order to fully comply with my restoration request, the following must be completed:
All rebar and foreign material must be removed. Mr. Clark is continuing to work
on removing this material.
Approximately 8 inches of sand/fill material must be removed from the marsh
area located on the west side of the property. Mr. Rankin was advised of this
requirement.
3. A silt fence must be installed above the surveyed line along the marsh, and
maintained until the area is stabilized with vegetation. Mr. Rankin was advised of
this requirement.
1367 U.S. 17 South, Elizabeth City, North Carolina 27909
Phone: [phone] FAX: [phone] Internet: www.nccoastalmanagement.net
An Equal Opportunity 1 Affirmative Action Employer — 30% Recycled by Fiber Weight

Mr. Michael Quidley
NOV 05-06A
May 5, 2005
Page 2
Thank you for your cooperation with the restoration request. If you are not able to
complete the restoration of the affected areas by May 11, 2005, please contact me at
252-264-3901 and provide an explanation for non-compliance and a request for a time
extension.
Sincerely,
Frank A. Jennings, III
Coastal Management Representative
FAJ/ybc
cc: Ted Tyndall, Assistant Director, DCM, Morehead City
Ted Sampson, District Manager, DCM, Elizabeth City
Roy Brownlow, Compliance Coordinator, DCM, Morehead City
Raleigh Bland, USACOE, Washington
Don Rankin. Frisco

AY 15 ? FA
M
NCDENR
North Carolina Department of Environment and Natural Resources
Division of Coastal Management
Michael F. Easley, Governor Charles S. Jones, Director William G. Ross Jr., Secretary
NOTICE OF VIOLATION
April 11,2005
CERTIFIED MAIL
RETURN RECEIPT REQUESTED
Mr. Michael Quidley
P.O. Box 223
Buxton, NC 27920
RE:NOTICE OF VIOLATION AND REQUEST TO CEASE UNAUTHORIZED DEVELOPMENT
CAMA VIOLATION #05.06A
Dear Mr. Quidley:
This letter confirms that on April 7, 2005, Raleigh Bland, US Army Corps of Engineers (USACOE), John Cece, Field
Representative for the NC Division of Coastal Management (DCM), and I met you, Brant Wise and Don Rankin
onsite at your property located behind the Soundside Restaurant, adjacent to the Pamlico Sound and a connecting
canal located in or near Buxton, off NC 12, Dare County, North Carolina. This correspondence is also in reference to
my April 5, 2005, Notice of Violation letter.
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 placing unauthorized fill material
in 12,300 square feet of Coastal Wetlands, for placing unauthorized fill material in 6,000 square feet of open waters
of the Pamlico Sound and for placing unauthorized and incompatible fill material along the shoreline and in the
waters of an adjacent canal. This activity took place in the Estuarine Waters (EW), Estuarine Shoreline (ES), Public
Trust Area (PTA) and Coastal Wetlands (CW) that are contiguous with the Pamlico Sound. EW, ES, PTA and CW
areas are designated as Areas of Environmental Concern (AEC). No permit was issued to you for work in this area.
Based on these findings, I am initiating an enforcement action by issuing this Notice of Violation for violation of the
Coastal Area Management Act.
I request that you immediately CEASE AND DESIST any further unauthorized activities within designated Areas of
Environmental Concern. A civil assessment of up to $2,500 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 up to $2,500. An injunction or criminal penalty may also be sought to enforce any violation
(N.C.G.S.113A-126).
1367 U.S.17 South, Elizabeth City, North Carolina 27909
Phone: [phone] l FAX [phone] Internet: www.nccoastalmanagement.net
An Equal Opportunity 1 Affirmative Action Employer - 30% Recycled by Fiber Weight

Mr. Michael Quidley
April 11, 2005
Page 2
It is the policy of the Coastal Resources Commission to levy a minimum civil assessment of $500 not to exceed
$2,500 against all violations. 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. Whether a higher amount will be 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 07H. State Guidelines for Areas of
Environmental Concern, the activity you have undertaken, the placement of unauthorized fill material in the EW, ES
and PTA AECs, is not consistent with Section 07H.0208, Use Stands for Coastal Wetlands, Estuarine Waters and
Public Trust Areas, and 071-1.0209 Coastal Shorelines. Therefore, I am requesting that all unauthorized fill material be
removed from the Coastal Wetlands and Estuarine Waters, Public Trust Area of the Pamlico Sound; that all AECs be
restored to the conditions that existed prior to the violation; that all scrap metal, wood debris, organic material and/or
similar material be removed from the riprap along the adjacent canal; and that the upland area adjacent to the
affected areas be stabilized with vegetation within 30 days of all restoration efforts. Please refer to the enclosed
Restoration Agreement.
If you intend to cooperate with my request, please sign one of the attached Restoration Agreements and return it to
me in the enclosed, self-addressed envelope within ten (10) days of receipt of this letter. Failure to comply with this
request or respond back to this office prior to the requested deadline with an acceptable schedule for compliance will
be interpreted as a refusal to cooperate and will result in a Notice of Continuing Violation, as well as a court injunction
being sought ordering compliance.
The relevant statutes and regulations are available from this office, and I am willing to assist you in complying with
the requirements of these laws. A site inspection will be made in the near future to determine whether this
REQUEST TO CEASE AND DESIST has been complied with. I request that you contact me immediately.
Thank you for your time and cooperation in resolving this important matter. If you have any questions about this or
related matters, please call me at 252-264-3901. Upon completion of the restoration as requested in the Restoration
Plan Agreement to the satisfaction of the Division of Coastal Management, you will be notified as to the amount of
the civil assessment for undertaking development without first obtaining the proper permit(s).
Sincerely,
Frank A. Jennings, III
Coastal Management Representative
FAJ/ybc
cc: Ted Tyndall, Assistant Director, DCM, Morehead City
Ted Sampson, District Manager, DCM, Elizabeth City
Roy Brownlow, Compliance Coordinator, DCM, Morehead City
Raleigh Bland, USACOE, Washington
Enclosure

4
RESTORATION PLAN
For
Michael Quidley Property
Property located behind the Soundside Restaurant, adjacent to the Pamlico Sound and a connecting canal
located in or near Buxton, off NC 12, Dare County
1. All unauthorized fill material must be removed from the Coastal Wetlands and Estuarine Waters,
Public Trust Area of the Pamlico Sound.
2. All AECs must be restored to the conditions that existed prior to the violation.
3. All scrap metal, wood debris, organic material and/or similar material must be removed from the
riprap along the adjacent canal.
4. The upland area adjacent to the affected areas must be stabilized with vegetation within 30 days of
all restoration efforts.
5. Refer to attached site plan dated 04/11/05, depicting affected areas.
I, Michael Quidley, agree to make full restoration to the property located behind the Soundside Restaurant, adjacent to
the Pamlico Sound and a connecting canal located in or near Buxton, off NC 12, Dare County, as described in the
Restoration Plan, items 1.4 listed above.
I agree to complete this restoration to the satisfaction of the Division of Coastal Management by May 11, 2005, or
provide an explanation for non-compliance and a reasonable request for time extension.
SIGNATURE:
DATE:
It is the policy of the Coastal Resources Commission to levy a civil assessment of at least $500 against all
violations of this type, or higher, depending upon the damage to the resources. If restoration is not
undertaken or satisfactorily completed, a substantially higher civil assessment will be levied and an
injunction sought to require restoration.

N
197
NCDENR Me�eh OR�00
North Carolina Department of Environment and Natural 12"
Division of Coastal Managementty
Michael F. Easley, Governor Charles S. Jones, Director William G. Ross JPry
NOTICE OF VIOLATION
April 5, 2005
CERTIFIED MAIL
RETURN RECEIPT REQUESTED
Mr. Michael Quidley
P,O. Box 223
Buxton, NC 27920
RE:NOTICE OF VIOLATION AND REQUEST TO CEASE UNAUTHORIZED DEVELOPMENT
CAMA VIOLATION #05-06A
Dear Mr. Quidley:
This letter confirms that on March 29, 2005, Ted Tyndall, Assistant Director of the Division of Coastal
Management (DCM), Ted Sampson, District Manager of DCM, Northeast District, John Cece and Kim
Hedrick, Field Representatives of DCM, Raleigh Bland and William Wescott of the US Army Corps of
Engineers (USACOE), and I met with you onsite at your property located behind the Soundside Restaurant
adjacent to the Pamlico Sound and a connecting canal located in or near Buxton, off NC 12, Dare County,
North Carolina. The purpose of the visit was to investigate unauthorized fill of Coastal Wetlands, Estuarine
Waters, Public Trust Area and the Estuarine Shoreline.
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 the placement of
unauthorized material in Coastal Wetlands (CW), Estuarine Waters (EW), Public Trust Area (PTA) and the
Estuarine Shoreline (ES) on the aforementioned property. This activity took place in CW, EW, PTA and ES
that are contiguous with the Pamlico Sound. CW, EW, PTA and ES areas are designated as Areas of
Environmental Concern (AEC). No CAMA permit was issued to you for work in this area. Based on these
findings, I am initiating an enforcement action by issuing this Notice of Violation for violation of the Coastal
Area Management Act and the State's Dredge and Fill Law.
I request that you immediately CEASE AND DESIST any further unauthorized activities within designated
Areas of Environmental Concern. A civil assessment of up to $2,500 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 up to $2,500. An injunction or criminal penalty may
also be sought to enforce any violation (N.C.G.S.113A-126).
1367 U.S.17 South, Elizabeth City, North Carolina 27909
Phone: [phone] FAX: [phone] Internet: www.n000astalmanagement.net
An Equal Opportunity 1 Affirmative Action Employer — 30% Recycled by Fiber Weight

r
Mr. Michael Quidley
April 5, 2005
Page 2
It is the policy of the Coastal Resources Commission to levy a minimum civil assessment of $500 not to
exceed $2,500 against all violations. 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. Whether a higher amount will be
assessed depends on several factors, including the nature and area of the resources that were affected
and the extent of the damage to them.
You are also in violation of the State's Dredge and Fill Act which requires a permit from the North Carolina
Department of Environment and Natural Resources before undertaking any excavating or filling in any
estuarine waters, tidelands, marshlands, or state-owned lakes pursuant to N.C.G.S.113-229. Therefore, I
also request that you immediately CEASE AND DESIST such unauthorized activity and contact me about
this matter as well. Violations of the State's Dredge and Fill Act may be enforced by a criminal penalty or a
civil action for damages or an injunction in accordance with N.C.G.S.113-229,
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 and to assess the
extent of the unauthorized development activity. Restoration will be required at the site and you will be
mailed a restoration plan after my assessment has been made.
Thank you for your time and cooperation in resolving this important matter. If you have any questions about
this or related matters, please call me at 252-264-3901
Sincerely,
Frank A. Jennings, III
Coastal Management Representative
FAJ/ybc
cc: Ted Tyndall, Assistant Director, DCM, Morehead City
Ted Sampson, District Manager, DCM, Elizabeth City
Roy Brownlow, Compliance Coordinator, DCM, Morehead City
Raleigh Bland and William Wescott, USACOE, Washington

DCM ENFORCEMENT TRACKING REPORT
Issuer 0 S_e>�
Field Rep. ���� t< `j Edt1A7lNG s Violation Base No, ® B C D
LPO ❑
Violated Permit No.
Lpl (aappliuble) .
Violation Description Was activity permittable? Yes ®°
/
Initial Discovery Date 3 C1 �� Discovery Method mgSF7l'U4Tr 0-
Violation
Respondent Name(s)
Address
Phone #
r *? 4 L"�CL). L S e l' .
in same AEC: Yes! No
City B wy-+U r` State �J Zip A 7 % Z Q .
Fax #
Email
Violation Type: Project Type: Authorizations Required:
Site Visits Respondent
Present
Site Visits
Respondent'
Present
❑ No Permit ❑ Private/Community Major CAMA
❑
❑
❑ Permit Condition ❑r GovtJPubIIc ❑ Minor ® D&F
0
❑
❑ Expired Permit Commercial ❑ General
❑
❑
❑ Inconsistent w/ Rules
Violation Location and Site Description
Rover File ..
Project Location: County 'J�0-4 L- Cex& TY
Shoreline Length
Street Address/ State Road/ Lot #(s) N C 2-
SAV: Not sure
Yes
No
Sandbags: Not Sure
Yes
No
-
pNA:
Yes
No
Adjacent
Subdivision/�
ORW:
Yes
No
Adjacent
City / u X. q ZIP--X 7 % -
Crit. Hab.
Yes
No
Phone# (_)-- River Basin _
Photos
Yes
Yes
No
No
-PA-M (rho S & r.cwed y- Crk�f1L f�/�/unknl_
Waiver Required
Adj. Wtr. Body
0d44H /t Co SOav,-)
In DWQ Buffer Area
Buffer if applicable:
Yes
No
Closest Maj. Wtr. Body
Specify DWQ
Restoration
Extension Granted
Yes
No
NOV Date Initial Req. Comp. Date Restoration Letter
CNOV Date _ Date Comp. Observed _ -- Acceptance Date -
I 71.0409 Ref, Recomm. Assess. j DCM Assess.
Penalty Assessment
App./Permit Fee
Sent to Respondent Date __-- 15
Penalty { I. s
Rcvd by DCM Date ---—'-_--- S-
Willfulllntent. i _
Assessment Extended Yes No I -- �� g
Continuing
i _
i Other _ i S ----�$
----
I Total I i

F-
Formal Assessments, Appeals and Reductions
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 penaltylNOV ❑ Injunction to complete restoration
Date Collection Let. Sent Date Demand Let. Sent
Violation Activities and Impacts
AECs Affected: Wetlands Impacted? Yes / No If yes, which types:
CW EW PTA ES PTS
OEA HHF IH SA IDS CJ SY • JR LS TY
PWS: FC: SS SC SP IF BF 404
Other:
Restoration Required by the Respondent Yes / No
Dimensions in excess Dimensions to restore Final dimensions Actually restored
of permit/ unauthorized activities allowed
Development Activities
Habitat Description
NOTES:
Closing
Payment Received S_—.__ mate._ __ Date Case Closed

20-Apr-05 NC DIVISION OF COASTAL MANAGEMENT ENFORCEMENT RECORD
CASE NUMBER LAST NAME
05-06A QUIDLEY
el'i CASE IS CLOSED
..-.. - __...____. AFFLILIATION
NOV DATE CLOSURE DATE PROPERTY OWNE
4/11/2005
MAILING ADDRESS CITY STATE
POB 223 IBUXTON NC
PROPERTY ADDRESS COMMUNITY
SOUNDSIDE RESTAURANT BUXTON
FIRST NAME BUSINESS NAME:
MICHAEL F_
SECTOR
Previous Violations in Same AEC
COMMERCIAL [ ] for Similar Activities
ZIP CODE PHONE NUMBER
27920- 1
WATERBODY NEAREST ROAD
PAMLICO SOUND HWY 12
DISTRICT OFFICE COUNTY DCM REPRESENTATIVE LPO CONTACT
ECDO JDARE JENNINGS �r
I
VIOLATION TYPE CW d❑ EW J❑ PTA ❑d ES ❑ PTS_
MAJOR CAMA plus DREDGE AND FILL OEA HHFA _ ] IHA [J PWS ❑ NCRA
NATURE OF VIOLATION AEC DESCRIPTION CW, EW,PTA, ES
Inauthorized major development and violation of the State Dredge & Fill Law by placing fill material in coastal
,etlands adjacent to the Pamlico Sound and canal system within the CW, EW, PTA, and ES AECs.
RESTORATION REQUEST DATE COMPLETION DATE
,] 5/11/2005
❑ RESTORATION NOT REQUIRED - CONTRACTOR
RESTORATION EXTENDED RESTORE DATE
❑ RESTORATION NOT REQUIRED - PERMITTABLE DEVELOPMENT DEADLINE
❑ RESTORATION NOT REQUIRED -FURTHER IMPACTS EXTENDED
❑ RESTORATION PENDING ❑ REFERRED TO AG'S OFFICE - COLLECTION
_.._ I_] REFERRED TO AG'S OFFICE - INJUNCTION
PENALTY STATU '
PENALTY ISSUED
❑ PENALTY NOT ISSUED
❑ CONRACTOR'S FIRST OFFENSE
ASSESSMENT DATE PENALTY AMOUNT COLLECTION DATE AMOUNT COLLECTED
I_] WILLFUL INTENTIONAL PENALTY (MIN. OR DOUBLED) ❑ CNOV ISSUED
SETTLED, AGREED UPON, OR STIPULATED PENALTY ❑ PENALTY APPEALED
UNCOLLECTIBLE PENALTY
Violations Involving Adversely Impacted Resources
AMOUNT OF ADVERSELY DISTURBED AREA (SQ. FT.)�
AMOUNT OF RESTORED AREA (SQ. FT) I
NOTES
LJ FORMAL CPA ISSUED