05-38A Morris

r
NCDENR
North Carolina Department of Environment and Natural
Division of Coastal Management
Michael F. Easley, Governor Charles S. Jones, Director
NOTICE OF VIOLATION
December 13, 2005
CERTIFIED MAIL
RETURN RECEIPT REQUESTED
Mr. Bill Moms
4485 Blackwater Road
Virginia Beach, VA 23457
Resources
William G. Ross Jr., Secretary
RE: NOTICE OF VIOLATION AND REQUEST TO CEASE UNAUTHORIZED DEVELOPMENT
CAMA VIOLATION #05-38A
Dear Mr. Morris:
This letter is in reference to our November 30, 2005 meeting onsite at the Kunstbeck 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. Greg Kunstbeck 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 200 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 42137A 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.
Since this is your first documented offense as a contractor in these designated Areas of Environmental
Concern, there will be no assessment levied against you in accordance with the North Carolina
Administrative Code, Title 15A, Subchapter 7J.0409(f)(4)(F)(i), However, if you continue to violate the
Coastal Area Management Act, you should consider yourself forewarned and expect a civil assessment to
be levied against you consistent with the North Carolina Administrative Code, Title 15A, Subchapter 7J,
Section .0409, as adopted by the Coastal Resources Commission.
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.
cerely,
hn 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

4
I
J DCM ENFORCEMENT TRACKING REPORT
��,4� _ leauer i �s
Field Rep. /= Violation Base No. 36
A B C D
LPO -��� µ)�U�i Violated Permit No. GP V a % 37
LPJ C L.d � iz 1 r/A (' CD/INTi� ilr applicable) .
Violation DescripYon Was activity permittable7 Yes / tR
Initial Discovery Date d ?GDS Discovery Method 0YYIE Z- 11(iL77 i��-t fSG9E BYP114 P��Y�3/T
Violation Description „ p�n(pE 51#1CS /iE�EYU78Cil iI� �J4111? L ,flW 1? 7nA I rim z-<l-i f IOAPIry L Szua
Prior Violations in same AEC: Yes
RespondentName(s) L"''` """""' %--­
Address y� �S EC.Kh/nUn � City State �� )�i �� - 01- Zip it73/S7
04
Phone # 1 S7' 1 �'� ads Fax #
Email
Violation Type:
Project Type:
Authorizations Required:
Site Visits Respondent Site Visits
PresentPresent
Respondent'
❑ No Permit
4)a PrivatelCommunity
❑ Major ❑ CAMA
J/ �&
❑
Permit Condition
❑ Govt.IPublic
❑ Minor D&F
❑
❑
❑ Expired Permit
❑ Commercial
General
❑
r❑
❑ inconsistent cal Rules
Violation Location and Site Description
/r
Rover File ...0 00 to 19
Project Location: County
Cu I 2 `N )T uc 1,C
i
Shoreline Length IYa
Street Address/ State Road/ Lot
Subdivision
City ZIP
SAY:
Not Sure &
No
Sandbags:
. Not Sure Yes
19
pNA:
Yes
& Adjacent
ORW:
Yes
69 Adjacent
Crit. Hab,
Yes
6
--
Phone# (_).—_
River Basin _ fi's _ Photos No
)� � �ChlUrt{ lt[AyQ��fnar n funk _ Waiver Required ® No
Adj. Wtr. Body�� In DWQ Buffer -Area Yes
Closest Maj. Wtc Body _CIA Y? J n4 CK S/j M/4 — Specify DWQ Buffer If applicable: =
Restoration Extension Granted Yes No
NOV Date lat4 7'—
CNOV Date -
Penalty Assessment
Sent to Respondent Date —_
Rcvd by DCM Date --.—
Assessment Extended Yes No
Initial Req. Comp. Date Restoration Letter
Date Comp. Observed --_--- Acceptance Date
71.0409 R�—Recomm. Assess. DCM Assess
App./Permit Fee S $ i
Penalty F _ $ OWE $ -J
_—
i Willfullintent,
t i $ _
I Continuing
Is !$
Other
i is $
--�
— Total'-- I ANP19- ---

Formal Assessments, Appeals and Reductions
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, ❑ Respondent not responsive to penalty/NOV ❑ Injunction to complete restoration
Date Collection Let. Sent Date Demand Let. Sent
Violation Activities and Impacts
AECs Affected: Wetlands Impacted? Yes .l &) If yes, which types:
CW ES PTS
OEA • HHF IH SA DS CJ SY 1R -LS TY,
PWS: FC: SS SC SP IF BF 404
Other.
Restoration Required by the Respondent Yes / �1
Dimensions In excess Dimensions to restore Final dimensions
of permit/unauthorizedactivities allowed Actually restored
Development Activities
Habitat Description
NOTES:
Closing
Payment Received S____—__ __Date_ _—_ Date Case Closed

20-Dec-05 NC DIVISION OF COASTAL MANAGEMENT ENFORCEMENT RECORD
1cw CASE NUMBER LAST NAME
O FIRST NAME BUSINESS NAME:
MORMON 05-38A IMORRIS BILL
O CASE IS CLOSED; Previous Violations in Same
❑ NOV DATE � CLOSURE DATE Elapsed Days AFFLILIATION SECTOR AEC for Similar Activities
12/13f2005 i r CONTRACTOR 1PRIVATE
MAILING ADDRESS CITY STATE ZIP CODE PHONE NUMBER
14485 BLACKWATER ROAD IVIRGINIA BEACH VA 23457- ,[phone]
PROPERTY ADDRESS COMMUNITY WATERBODY NEAREST ROAD
535 SWAN RD JEORBELA ICURRITUCK SOUND
DISTRICT OFFICE COUNTY DCM REPRESENTATIVE LPO CONTACT
ECDO 16URRITUCIK 16ECE�-
VIOLATION TYPE AFFECTED AEC(S) ❑ CW © EW © PTA �Ji ES ❑ PTS
MAJOR LAMA plus DREDGE AND FILL ❑ OEA ❑ HHFA ❑ IHA ❑ PWS ❑ NCRA
NATURE OF VIOLATION
AEC DESCRIPTION
autnorizeci major development and violation of the State's dredge & till law by not placing the dredged spoils in
approved location and allowing dredge spoils to re-enter the canal within the ES, EW, PTA AECs adjacent to the
rrituck Sound.
RESTORATION STATUS
RESTORATION NOT REQUIRED - CONTRACTOR
❑ RESTORATION NOT REQUIRED - PERMITTABLE DEVELOPMENT
El RESTORATION NOT REQUIRED- FURTHER IMPACTS
❑ RESTORATION PENDING
PENALTY STATUS -
❑ PENALTY ISSUED
ASSESSMENT DATE
RESTORATION REQUEST DATE COMPLETION DATE
RESTORATION EXTENDED RESTORE DATE
DEADLINE
EXTENDED
❑ REFERRED TO AG'S OFFICE - INJUNCTION
INJUNCTION REFER DATE: I
❑ REFERRED TO AG'S OFFICE - COLLECTION
COLLECTION REQUEST DATE:
PENALTY AMOUNT COLLECTION DATE AMOUNT COLLECTED
]/ PENALTY NOT ISSUED ❑ WILLFUL & INTENTIONAL PENALTY (MIN. OR DOUBLED)
❑ CNOV ISSUED I CNOV DATE
CONRACTOR'S FIRST OFFENSE ❑ PENALTY APPEALED F—APPEAL DATE
❑ FORMAL CPA ISSUED I FORMAL CPA DATE
❑ SETTLED, AGREED UPON. STIPULATED PENALTY I SETTLEMENT DATE
❑ UNCOLLECTIBLE PENALTY F—UNCOLLECTIBLE DETERMINATION DATE
Violations Involving Adversely Impacted Resources
AMOUNT OF ADVERSELY DISTURBED AREA (SQ. FT.)
AMOUNT OF RESTORED AREA (SO. FT) `
NOTES
RELATED CASE NO. 05-37A KUNSTBECK, GREG - PROPERTY