05-39A Morris

M
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NCDENR
North Carolina Department of Environment and Natural Resources
Division of Coastal Management
Michael F. Easley, Governor James H. Gregson, Director William G. Ross Jr., Secretary
September 24, 2007
Mr. Willard T. Morris
T/A GRADECO
4485 Blackwater Road
Virginia Beach, VA 23457
R� -
C�
S€P 2 7 1001
Morshesa City ®bM
RE: Payment of Proposed Penalty for Violations of the Coastal Area Management Act,
Currituck County, CAMA Violation #05-39A
Dear Mr. Moms:
This letter will acknowledge receipt of your Check #2246 in the amount of $200, and dated
09/20/07. 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,
g`s j`d�...r r ,
Frank A.Jennin ,III
District Manager, Northeast District
FAJ/ybc
cc: M. Ted Tyndall, Ass stant Director, DCM, Morehead City
Roy Brownlow mpliance Coordinator, DCM, Morehead City
John ece, Coastal Management Rep., DCM, Elizabeth City
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— 50% Recycled 110% Post Consumer Paper

Mr. Bill Morris
September 17, 2007
Page 3
CAMA VIOLATION #05-39A
Bill Morris
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 $200 against me for violation
of the Coastal Area Management Act, NCGS 113A-100 et se , committed on or near
the Marcus Rawden property of Lot 45, Swan Road, at or near Carova Beach in Corolla,
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 December 13, 2005, and agree to pay the proposed civil
assessment of $200.
9-,Ac- oZ
DATE
SIGNATURE
ADDRESS
TELEPHONE NUMBER
Ll

AMA
NCDENR
North Carolina Department of Environment and Natural Resources
Division of Coastal Management
Michael F. Easley, Governor James H. Gregson, Director William G. Ross Jr., Secretary
September 17, 2007 -"4
CERTIFIED MAIL
RETURN RECEIPT REQUESTED SEP 1 9 2007
Mr. Bill Morris
4485 Blackwater Road
Virginia Beach, VA 23457
RE. CAMA VIOLATION #05-39A
Dear Mr. Morris:
Morehead City DCM
This letter is in reference to the Notice of Violation dated December 13, 2005 that Mr.
John Cece, representative for the Division of Coastal Management, issued to you for
the unauthorized dredging activities at Marcus Rawden's property of Lot 45, Swan
Road, at or near Carova Beach in Corolla, Currituck County. The violation involved the
Estuarine Shoreline, Estuarine Waters and Public Trust Areas, which are Areas of
Environmental Concern designated by the Coastal Resources Commission.
The Coastal Area Management Act provides that a civil assessment of up to $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 $200 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 $200 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.
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 - 50% Recycled 110%a Post Consumer Paper

Mr. Bill Morris
September 17, 2007
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], ext. 235.
Sincerely,
Frank A. Jennings, III
District Manager, Northeast District
FAJ/ybc
Enclosure: Agreement to Pay Proposed Civil Assessment
cc: M. Ted Tyndall, Assistant Director, DCM, Morehead City
Roy Brownlow, Compliance Coordinator, DCM, Morehead City
John Cece, Coastal Management Representative, DCM, Elizabeth City
A

Mr. Bill Morris
September 17, 2007
Page 3
CAMA VIOLATION #05-39A
Bill Morris
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 $200 against me for violation
of the Coastal Area Management Act, NCGS 113A-100 at se , committed on or near
the Marcus Rawden property of Lot 45, Swan Road, at or near Carova Beach in Corolla,
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 December 13, 2005, and agree to pay the proposed civil
assessment of $200.
DATE
SIGNATURE
ADDRESS
TELEPHONE NUMBER

MINWA
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. Bill Morris
4485 Blackwater Road
Virginia Beach, VA 23457
NOTICE OF VIOLATION
December 13, 2005 tTB
,SB ORB
n tB
TT
RE. NOTICE OF VIOLATION AND REQUEST TO CEASE UNAUTHORIZED DEVELOPMENT
CAMA VIOLATION #05-39A
Dear Mr. Morris:
This letter is in reference to our November 30, 2005 meeting onsite at the Rawden property off Swan Road,
adjacent to a canal connecting to the Currituck Sound, at or near Carova in Currituck County, North
Carolina. The purpose of the onsite meeting was to investigate unauthorized dredging activities on the
aforementioned property.
Information gathered by me for the Division of Coastal Management indicates that your actions as
contractor for Mr. Marcus Rawden are 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 pursuant to
the North Carolina General Statutes (N.C.G.S.) 11 3A-1 18.
I have information that indicates you have undertaken or are legally responsible for dredge spoils re-
entering a canal along approximately 50 feet of shoreline on the aforementioned property. This activity took
place in Estuarine Shoreline, Estuarine Waters, and Public Trust Areas that are contiguous with the
Currituck Sound. Estuarine Shoreline, Estuarine Waters, and Public Trust Areas are designated as Areas
of Environmental Concern (AEC). Although General Permit 42136A was issued for dredging activities in
this area, the conditions of the permit specifically prohibit allowing excavated material from re-entering
adjacent water bodies. 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 development and contact me about this
matter. 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 $2,500. An injunction or criminal penalty may also be sought to
enforce any violation in accordance with N.C.G.S. 113A-126.
1367 U.S. 17 South, Elizabeth City, North Carolina 27909
Phone: [phone] \ FAX: [phone] \ Internet: www.nccoastalmanagement.net
An Equal Opportunity \ Affirmative Action Employer— 50% Recycled \ 10% Post Consumer Paper

Mr. Bill Morris
December 13, 2005
Page 2 of 2
It is the policy of the Coastal Resources Commission to levy a civil assessment of at least $200 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. Whether a higher amount will be assessed will depend on
several factors, including the nature and area of the resources that were affected and the extent of the
damage to them.
Based upon the North Carolina Administrative Code, Title 15A, Subchapter 7J.0409(f)(4)(F)(ii), the policy of
the Coastal Resources Commission is to levy a civil assessment against contractors in addition to that
assessed against the landowner. Therefore, since this is your second Notice of CAMA Violation in the
same Areas of Environmental Concern, you should expect a civil assessment to be levied against you.
The relevant statutes and regulations are available from this office, and I am willing to assist you in
complying with these requirements. A site inspection will be made in the immediate future to determine
compliance with this REQUEST TO CEASE AND DESIST. I request that you contact me immediately
about these important matters.
S' erely,
& te
n Cece
Coastal Management Representative
Cc: Ted Tyndall, Assistant Director, NC Division of Coastal Management (DCM), Morehead City
Ted Sampson, District Manager, DCM, Elizabeth City
Roy Brownlow, Compliance Coordinator, DCM, Morehead City
Randy Joyner, Local Permitting Officer, Currituck County

DCM. ENFORCEMENT TRACKING REPORT
�!. Field Rep. etJ, �rT/V �-E �e
LPO J� #81 Ali ❑
LPJ_ Wit^—i�� I rla%Vili
Violation Description
Initial Discovery Date 3 iiJr Discovery
Violation Description
,Prior Violations in same AEC:
Violation Base No. 5
Violated Permit No.
(Irappliczhle) .
Was activity permittable? Yes
No
Respondent Name(s)
City ii- State �Zip
Address
Phone# 5:7— yaas Fax#
Email
Violation Type: Project Type: Authorizations Required:
site Visits Respondent Site Visits
Present
Respondent'
❑ No Permit *i Private/Community ❑ Major ❑ CAMA
, %�, �„�
�L�/
❑
r1o
Permit Condition ❑ Govt./Public ❑ Minor ?PDar
General
❑
❑
❑ Expired Permit ❑ Commercial
❑
_ ❑
❑ Inconsistent wl Rules
Violation Location and Site Description
�1
Rover File c oy % 017A.
d
Protect Location: County Cu R J`) TUIC K �
S�
Shoreline Length I —
Street Address/ State Road/ Lot #(s)
SAM Not sure Yes
��•�- / js 541
-r
Sandbags: Not Sure Yes �f
,
Subdivision-0-1- v �
PNA: Yes l�O
Yes 8b
Adjacent
Adjacent
--
ORW:
City Zlp--
Crit. Hab. Yes 6)
Phone # (_) River Basin. 0 U
Photos No
No
pp
Adj. W[r. Body ��-/� " u—
Waiver Required
In DWQ Buffer Area Yes
Closest Maj. Wtc Body C I �ldx-- —
Specify DWQ Buffer if applicable:
Restoration
Extension Granted Yes
No
NOV Date
CNOV Date -
Penalty Assessment
Sent to Respondent Date
Rcvd by DCM Date --
Assessment Extended Yes No
Initial Req, Comp. Date
Date Comp. Observed
71.0409 Ref.
Restoration Letter
Acceptance Date
Recomm. Assess. l DCM Assess.
L App./Permit Fee j C LI {-' $ LO—rt' ff.'(! I
Penalty IT 9 $
Willful/Intent. $ ;S
---
" 1- ( 1 $
Continuing ,s is __
j$
Other
71
Total

Formal Assessments, Appeals and Reductions
Date Long Form Submitted
Date Formal CPA Submitted
Final Assessment
Assessment Appealed Yes No
❑ Penalty modified
Attorney General's Office for Injunction or Formal Collection
Date sent to AG, ❑ Respondant 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 [ EV PTS
OEA HHF IH SA TY
SC SP IF B 4
. SS SC SP IF BF 04
PWS: FC:
Other:
Restoration Required by the Respondent Yes /'
Dimensions in excess Dimensions to restore Final dimensions
of permit/ unauthorized activities allowed Actually restored
Development Activities
Habitat Description
NOTES:
Closing
Payment Received 5___._--_llate_ _-- Date Case Closed

20-Dea05 NC DIVISION OF COASTAL MANAGEMENT ENFORCEMENT RECORD
CASE STATUS CASENUMBER LASTNAME
FIRST NAME BUSINESS NAME:
85-39A IMORRIS BILL
O CASE IS CLOSED I'
nrevious Violations in Same
El AEC for Similar Activities
NOV DATE CLOSURE DATE Elapsed Days
AFFLILIATION SECTOR
12f13t2995 P11110W
I
CONTRACTOR 1PRIVATE
MAILING ADDRESS
CITY
STATE ZIP CODE PHONE NUMBER
4485 BLACKWATER ROAD
VIRGINIA BEACH
VA 23457- [phone]
PROPERTY ADDRESS
COMMUNITY
WATERBODY NEAREST ROAD
LOT 45 SWAN ROAD
CAROVA JCURRIT6EK SOUND
DISTRICT OFFICE COUNTY DCM REPRESENTATIVE LPO CONTACT
ECDO ICURRITUCK ICECE i
VIOLATION TYPE AFFECTED AEC(S) '❑ CW [J] EW []/ PTA V ES ❑ PTS
MAJOR CAMA plus DREDGE AND FILL ❑ OEA ❑ HHFA ❑ IHA ❑ PWS ❑ NCRA
NATURE OF VIOLATION AEC DESCRIPTION
Unauthorized major development and violation of the State's dredge & fill law by not placing the dredged spoils in
an approved location and allowing dredge spoils to re-enter the canal within the ES, EW, PTA AECs adjacent to the
Currituck Sound.
© RESTORATION NOT REQUIRED- CONTRACTOR
❑ RESTORATION NOT REQUIRED - PERMITTABLE DEVELOPMENT
❑ RESTORATION NOT REQUIRED - FURTHER IMPACTS
❑ RESTORATION PENDING
ASSESSMENT DATE
PENALTY STATUS
❑ PENALTY ISSUED
RESTORATION REQUEST DATE COMPLETION DATE
RESTORATION EXTENDED RESTORE DATE
U DEADLINE
EXTENDED
❑ REFERRED TO AG'S OFFICE - INJUNCTION
INJUNCTION REFER DATE: I
❑ REFERRED TO AG'S OFFICE - COLLECTION
COLLECTION REQUEST DATE: I
PENALTY AMOUNT COLLECTION DATE AMOUNT COLLECTED
❑ WILLFUL & INTENTIONAL PENALTY (MIN. OR DOUBLED)
❑ PENALTY NOT ISSUED ❑ CNOV ISSUED F-CNOV DATE
❑ CONRACTOR'S FIRST OFFENSE ❑ PENALTY APPEALED r APPEAL DATE
❑ FORMAL CPA ISSUED I FORMAL CPA DATE
❑ {
SETTLED. AGREED UPON. STIPULATED PENALTY 1 -SETTLEMENT DATE
❑ UNCOLLECTIBLE PENALTY I UNCOLLECTIBLE DETERMINATION DATE
Violations Involving Adversely Impacted Resources
AMOUNT OF ADVERSELY DISTURBED AREA (SQ. FT.)�
AMOUNT OF RESTORED AREA (SQ. FT) �4
NOTES
see related case no. 05-36A, Rawden, Marcus - property owner. Morris is contractor for Rawden.