15-09A Pitchford

+ A N RECEIVED
JUN 2 2 2015
NCDEENR Mu ut�w.
North Carolina Department of Environment and Natural Resources
Pat McCrory
Governor
NOTICE OF VIOLATION
June 18, 2015
CERTIFIED MAIL 7012 0470 0002 0007 7498
RETURN RECEIPT REQUESTED
Charles P. Pitchford
88 Mohawk Road
Hampton, Virginia 23669
RE: NOTICE OF VIOLATION
CAMA VIOLATION #ILS--09A
Dear Mr. Pitchford:
Donald R. van der Vaart
Secretary
This letter confirms our phone conversation on June 5, 2015 regarding a Notice of Violation issued to you
for the unauthorized placement of a floating dock in a man-made canal adjacent to your property at 112
Buckhom Court, Holiday Island Subdivision, in Perquimans County, North Carolina.
Per your request I am redirecting the Notice of Violation to your attention as the person legally responsible
for the placement of the unauthorized floating dock adjacent to the aforementioned property. I am initiating
an enforcement action by 1) issuing this Notice of Violation for a violation of the Coastal Area
Management Act, and, 2) requesting that you obtain a waiver to the 15' riparian setback or relocate the
floating structure such that it does not encroach in the riparian corridor on either side of the property.
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.
It is the policy of the Coastal Resources Commission to assess a civil penalty plus investigative costs
against all violations. This is done to recoup some of the costs of investigating the violation and/or to
compensate the public for any damage to its natural resources. The amount assessed will depend upon
several factors, including the nature and area of the resources that were affected and the extent of the
damage to them.
Based upon the North Carolina Administrative Code, Title 15A, and Subchapter 07H. State Guidelines for
Areas of Environmental Concern, the activity you have undertaken, the unauthorized placement of a
floating dock within the 15' riparian corridor, in the canal adjacent to the aforementioned property is not
consistent with the following Sections:
1367 US 17 South, Elizabeth City, NC 27909
Phone: [phone] FAX: [phone] ; Internet: www.nccoastalmanagement.net
An Equal Opportunity 1 Affirmative Action Employer

Charles P. Pitchford
June 19,2015
Page 2 of 3
15A NCAC 07J .0201 PERMIT REQUIRED
After March 1, 1978, every person wishing to undertake any development in an area of
environmental concern shall obtain a permit from the Department, in the case of a major
development or dredge and fill permit, or from the local permit officer, in the case of a minor
development permit, unless such development is exempted by the Commission.
15A NCAC 07H .0601 NO VIOLATION OF ANY RULE
No development shall be allowed in any AEC which would result in a contravention or violation of
any rules, regulations, or laws of the State of North Carolina or of local government in which the
development takes place.
15A NCAC 07H .1200 GENERAL PERMIT FOR CONSTRUCTION OF PIERS AND DOCKING
FACILITIES: IN ESTUARINE AND PUBLIC TRUST WATERS AND OCEAN HAZARD AREAS
(q) Piers and docking facilities shall not interfere with the access to any riparian property, and shall
have a minimum setback of 15 feet between any part of the pier and docking facility and the
adjacent property lines extended into the water at the points that they intersect the shoreline. The
minimum setbacks provided in this Paragraph may be waived by the written agreement of the
adjacent riparian owner(s),..
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 [phone]. 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) and development that is inconsistent with Coastal Resources Commission rules.
Sincerely,
L/{-,-4�
Lynn W. Mathis
Field Specialist
NC Division of Coastal Management
Enclosures
Cc: Frank Jennings, District Manager, DCM
lga4rnwnlow. ComplianceCoordinator, DCM

Y
Charles P. Pitchford
June 19, 2015 RECEIVED
Page 3 of 3 JUN 2 2 10b
RESTORATION PLAN "KI' r1wQ X
For
Charles Pitchford Property
CAMA Violation No.15-09A
Property located at 112 Buckhorn Trail,
Holiday Island Subdivision, in Perquimans County, North Carolina
One of the following actions must be taken:
1) Remove the floating dock system from the water, or,
2) Relocate the floating dock system such that it does not encroach into the adjacent riparian corridor
on either side of the property and does not encroach into that canal more than '% of the canal
width.
'1_
° - - O
MOAT04W
,lbnW, r
TO p� `t
6� Tw�ucgvf�6; iila
' r rs t:4
s� h--ITactt�
I, Charles Pitchford, agree to the restoration activities(s) stated above, and as shown in the above diagram.
I agree to complete this restoration to the satisfaction of the Division of Coastal Management (DCM) by July
24, 2015, or provide an explanation for non-compliance and a reasonable request for time extension. When
corrective actions are complete, I will notify the DCM so the work can be inspected.
SIGNATURE:
DATE:
it is the policy of the Coastal Resources Commission to assess a civil penalty plus investigative costs against all violations. 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. If restoration is not undertaken or satisfactofiiy completed, a substantially higher civil assessment
will be levied and an injunction sought to require restoration.

DIVISION OF COASTAL MANAGEMENT
ADJACENT RIPARIAN PROPERTY OWNER NOTIFICATIONIWAIVER FORM
CERTIFIED MAIL • RETURN RECEIPT REQUESTED or HAND DELIVERED
Name of Property Owner:
Address of Property:
Agent's Name #:
Agent's phone #:
(Lot or Street #, Street or Road, City & County)
Mailing Address:
I hereby certify that I own property adjacent to the above referenced property. The individual
applying for this permit has described to me as shown on the attached drawing the development
they are proposing. Adescription ordrawmo with dimensions: must be`oroyidetl:withahis'letter`.
I have no objections to this proposal. I have objections to this proposal.
If you have objections to what is being proposed, you must notify the Division of Coastal Management
(DCM) in writing within 10 days of receipt of this notice. Correspondence should be mailed to 1367 US
17 South, Elizabeth City, NC, 27909. DCM representatives can also be contacted at [phone]. No
response is considered the same as no objection if you have been notified by Certified Mail.
WAIVER SECTION
I understand that a pier, dock, mooring pilings, boat ramp, breakwater, boathouse, lift, or groin
must be set back a minimum distance of 15' from my area of riparian access unless waived.by
me. (If you wish to waive the setback, you must initial the appropriate blank below.)
I do wish to waive the 15' setback requirement.
I do not wish to waive the 15' setback requirement.
(Property Owner Information) (Adjacent Property Owner Information)
Signature Signature*
Print or Type Name Print or Type Name
Mailing Address Mailing Address
City/State/Zip City/State/Zip
Telephone Number/Email Address Telephone Number/Email Address, .
Date Date*
*Valid for one calendar year after signature* Revised Aug. 2014

f�f
NCUM
North Carolina Department of Environment and Natural Resources
Pat McCrory Donald R. van der Vaart
Governor Secretary
NOTICE OF VIOLATION
May 28, 2015
CERTIFIED MAIL 7012 3460 0002 0625 5351
RETURN RECEIPT REQUESTED
Gary R. Bodie III
Charles P. Pitchford
88 Mohawk Road
Hampton, Virginia 23669
RE: NOTICE OF VIOLATION AND REQUEST TO CEASE UNAUTHORIZED DEVELOPMENT
CAMA VIOLATION #IJ 009A
Dear Mr. Bodie and Mr. Pitchford:
This letter confirms that on May 6, 2015, 1 was onsite at your property located at 112 Buckhorn Court,
Holiday Island Subdivision, adjacent to a man-made canal, in Perquimans County, North Carolina. The
purpose of the visit was to investigate unauthorized development involving the placement of two drive on
floating personal water craft (PWC) floats in the canal. It was also noted that an additional float is located
on high ground adjacent to a garage.
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 a
floating dock in the canal adjacent to the aforementioned property. This activity took place in Estuarine
Waters that are contiguous with the Albemarle Sound. Estuarine Water 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.
I request that you immediately CEASE AND DESIST any further unauthorized development and
contact me about this matter. A civil assessment 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. An injunction or criminal penalty may also be
sought to enforce any violation in accordance with N.C.G.S.113A-126.
arCFiveo
1367 US 17 South, Elizabeth City, NC 27909
Phone: [phone] \ FAX: [phone] ; Internet: www.nccoastaimanagement.net JUN 0 12015
An Equal Opportunity \ Affirmative Action Employer

Gary R. Bodie III
Charles P. Pitchford
May 28, 2015
Page 2 of 2
If
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. Jennings, III, District Manager, DCM
Roy Brownlow, Compliance Coordinator, DCM

-iii DCM ENFORCEMENT TRACKING REPORT
Issuer
Field Specialist <u K/ 8T7rS [�� Violation Case No. �J
LPO ❑
LPJ
Violated Permit N
(if applicable)
Violation DescriptionWas activity permittable? Yes / No
^'
Initial Discovery Date /�/�q Discovery Method
Violation Description / C�.q ZZ4 AC b, 9N g /i0 -��✓n Lu' I�o
Respondent Information Prior CAMA or D/F Violations: Yes / No
Respondent Name(s) �� /i�2/����� siii . _ 4 PL> : oU n 3antlC�rsctorl
Address �dfl� "�� City f >tatE 4, % ZIP 23662
Phone # ' / UN�KAL4tie/L Fax #
Violation Type:
Project Type:
Authorizations Required:
Site Visits Respondent
Site Visits Respondent
No Permit
Permit Condition
p� Private/Community
RU
Govt./Public
❑ Major
❑Minor
&I CAMA
D8F
Present
ZYL
❑
Present
❑
❑
7��'�(
r,•,,„
❑ Expired Permit
❑ Commercial
General
�_kl
"aL�7�` ❑
'/�`—
❑
❑ Inconsistentw/ Rules
Tier Level: I dD
III
❑
❑
Violation Location and Site Description
Lat/Long
Project Location: County
/7CrtOWIe 12IVS
Shoreline Length
Street Address/ State Road/ Lot #(a) // Z f-3j41C %ClArin SAV: e2!!2D Yes No
/ Sandbags: Not Sure Yes 6
Subdivision f 4tw ,4-k, `SA11,1 J PNA: Yes to Adjacent
ORW: Yes <0 Adjacent
City ZIP Grit. Hab. Yes do
Phone # ( _). River Basin Photos No
Adj. Wtr. Body Caniklt (net J1 a /unkn) Waiver Required Yes
In DWO Buffer Area Yes <t!!2,
Closest Maj. Wtr. Body "/es/ AA,h 6 92 -Ain
Specify DWQ Buffer if applicable:
Restoration
NOV Date _L�2VIIS �
Initial Req. Comp. Date
CNOV Dale
Date Comp. Observed
Penalty Assessment
APp 'Permit Fee
Sent to Respondent Date
Penalty
Rcvd. by Dist. Mgr. Date
Willful/Intent.
Assessment Extended Yes No
Continuing
Extension Granted Yes No
Restoration Letter
Acceptance Date
7J.0409 Ref.
Recomm. Assess.
DCM Assess.
$
$
$
$ RECEIVED
Total
Hth" WH�yy bHY

Formal Assessments, Appeals and Reductions r,
Date Long Form Submitted Assessment Appealed: Yes No +
Date Formal CPA Submitted ❑ Penalty modified
Final Assessment $ Date
Attorney General's Office for Injunction or Formal Collection
Date sent to AG Respondant not responsive to penalty/NOV 0 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 USA N/A SA DS CJ SY JR LS TY
PWS: FC: SS SC SP IF BF 404
Other:
., ...,.,,Restoration Required by�the Respondent Yes / No
Closing
Payment Received $ Date Date Case Closed

r
a'
i
O • � 1'.Ci •� 'Y`. � 4 h
i
1 .
yk •
ol
f _44
mill
r��' s
Sf�_ Jr.
A r•
ti
irr=ir'
� r••.
w�
I,..
zz