08-19A Wise

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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
Larry Wise
Attorney at Law
501 Cedar Road, Suite 2A
Chesapeake, Virginia 23322-5227
May 27, 2008 y� r.•-�
A MAY 3 0 2008
Morehead City r)f�-,v
RE. Payment of Proposed Penalty for Violations of the Coastal Area Management Act,
Currituck County, CAMA Violation #08-19A
Dear Mr. Wise:
This letter will acknowledge receipt of your Check #3257, in the amount of $854.00, and dated
May 19, 2008. Once the amount of the check is credited to the Department of Environment and
Natural Resources' account, this matter will be fully and completely closed.
If you have any further questions concerning this matter, please contact me at my Elizabeth City
office at 252-264-3901.
Sincerely,
Frank A. Jenniifgs, III
District Manager, Northeast District
FAJ/lwm
c: M. Ted Tyndall, sistant Director, DCM, Morehead City
rownlo ompliance Coordinator, DCM, Morehead City
Lynn W. Mathis, District Compliance Representative, 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

ARA. vo/
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
NOTICE OF VIOLATION
April 28, 2008
Larry Wise
501 Cedar Road, Suite 2A
Chesapeake, Virginia 23322-5227
RE: ASSESSMENT FOR CAMA VIOLATION #08-19A
Dear Mr. Wise:
Rsma!q
APR 3 0
MOrehead City DCM
This letter confirms that on April 25, 2008, our office received a signed "Agreement to Pay Proposed Civil
Assessment" form for the above noted Violation, issued to you on April 8, 2008. However, no payment was
enclosed with the signed agreement. In order to close our violation case file the civil assessment must be
received.
Thank you for your time and cooperation in resolving this important matter. If you have any questions, do
mot hesitate to contact me at [phone].
Sincerely,
Lynn W. Mathis
District Compliance & Enforcement Representative
Cc: M. Ted Tyndall, Assistant Director, DCM
Frank A. Jennings III, District Manager, DCM
Roy Brownlow, Compliance Coordinator, DCM
1367 U.S. 17 South, Elizabeth City, North Carolina 27909
Phone: [phone] \ FAX: [phone] \ Internet: www.nccoastalmanagement.net

APA
�
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
April 9, 2008
CERTIFIED MAIL
RETURN RECEIPT REQUESTED
Larry Wise
Attorney at Law
501 Cedar Road, Suite 2A
Chesapeake, Virginia 23322-5227
RE: CAMA VIOLATION #08-19A
Dear Mr. Wise:
ONCE, VIP
APR 21
1WOrehecld (y��
This letter is in reference to the Notice of Violation dated April 8, 2008 that Lynn Mathis, District Compliance
& Enforcement Representative for the Division of Coastal Management, issued to you for the unauthorized
construction of a bulkhead within the Albemarle Sound, adjacent to 296 Griggs Acres Drive, in Currituck
County. The violation involved Estuarine and Public Trust Waters, which are Areas of Environmental
Concern designated by the Coastal Resources Commission.
The Coastal Area Management Act provides that a civil assessment of up to $10,000 may be assessed for
violations of this nature. 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 $854.00 is
appropriate for this violation. You may expeditiously resolve this matter prior to the assessment of a formal
civil penalty by accepting responsibility for the violation and paying the amount proposed above. In order to
do this, you must: (1) sign one of the attached copies of an "Agreement to Pay Civil Assessment;" (2)
attach a check or money order for $854.00 made payable to the North Carolina Department of Environment
and Natural Resources (NCDENR); and, (3) return the signed agreement and payment to this office in the
enclosed, self-addressed envelope within ten (10) days of your receipt of this letter. Upon deposit of your
check in the Department's account, you will receive a Notice of Compliance officially closing this
enforcement action.
If you do not send a signed agreement and payment to this office within ten (10) days, the Director of the
Division of Coastal Management will formally assess a civil penalty against you. You will then have the
opportunity to request a hearing on the penalty or request remission of the penalty.
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— 50% Recycled 110"A Post Consumer Paper

Larry Wise
April 9, 2008
Page 2 of 2
Thank you for your time and cooperation in resolving this important matter. If you have any questions,
please do not hesitate to contact me at [phone].
Sincerely,
�..e.r.-eft /7• ++..q • ��
Frank A. Jennings II,
District Manager
Division of Coastal Management
Enclosures
cc: M. Ted Tyndall, Assistant Director, DCM
Roy Brownlow, Compliance Coordinator, DCM
Lynn W. Mathis, District Compliance & Enforcement Representative, DCM
Tod, Gaskill, Top Dollar Construction

CAMA VIOLATION #08.19A
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 $854.00 against me for violation of the Coastal Area
Management Act, NCGS 113A-100 et sec, committed on or near my property 296 Griggs.Acres Drive in
Curdiuck 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 8, 2008, and agree
to pay the proposed civil assessment of $854.00.
DATE
SIGNATURE
ADDRESS
TELEPHONE NUMBER

DCM ENFORCEMENT
A�qgA, /C'Erur>i,), Issue)
r^' Field Rep. - L'IVIV Iv" M-7111 '----y
LPOill,/71 ❑
LPJ
Violation Description
Initial Discovery Date 4/1_3 ' Discovery Method
Violation Description _411 4SjY4v jLiZd 17-a,1 A/! ,
TRACKING REPORT
Violation Base No. ir! _ 4�
B C D
Violated Permit No.
(If applicable)
Was activity permittable? Yes / No
Respondent Information Prior Violations in same AEC: Yes / C�s,'e Number (' "-01
RespondentName(s) 1-'11'24t Gt✓s[ (Landowner/Agent/Contractor)
Address City State f—�I- Zip—Q-3u
Phone #
Email
Fax #
Violation Type:
Project Type:
Authorizations Required:
Site Visits Respondent
Site Visits Respondent
® No Permit
firma Community
T Major CAMA
Present
Present
El Permit Condition
ElGovt./Public
t[t�-��
El Minor LI D&F
I 0u1 ❑
❑
❑ Expired Permit
❑ Commercial
❑ General
❑
❑
❑ Inconsistent w/ Rules
❑
❑
Violation Location and Site Description
Project Location: County�,2,a�TLtc
Street Address/ State Road/ Lot #(s) 2-ell,
Subdivision
City % //9Yz/SJJ2 _ ZIP _Z'7�/G,�
Phone# (_) River BasinC1C>i>diu/C
Adj. Wtr, Body _gF(_cltd /man /unl na—
Closest Maj. Wtr. Body �Ug&AL&M: r Sava, 2
Restoration
NOV Date
CNOV Date
Penalty Assessment
Initial Req. Comp. Date
Date Comp. Observed
Sent to Respondent Date
App./Permit Fee I
Rover File /2 c> 4 u 3 uC/ j
Shoreline Length 1001
SAV: Not Sure Yes 418 -
Sandbags: Not Sure Yes tlgd
PNA:
Yes
(f p
ORW:
Yes
c�
Crit. Hab,
Yes
4TD5
Photos
6%
No
Waiver Required
6'
0-�
In DWQ Buffer Area
Yes
Specify DWQ Buffer if applicable:
71.0409 Ref.
Adjacent
Adjacent
Extension Granted Yes No
Restoration Letter
Acceptance Date
Recomm. Assess. I DCM Assess.
$ --- $
Penalty �,�, _$
Rcvd. by Dist. Mgr. Date ,�� __'f
Assessment Extended Yes No Willful/Intent. $
Continuing $
-$�
Total I AX70.rY+
c
$

Formal Assessments, Appeals and Reductions
Date Long Form Submitted Assessment Appealed Yes No
Date Formal CPA Submitted
❑ Penalty modified
Final Assessment t DatP
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 / If yes, which types:
CW �1H/3 ES PTS OEA HF SA DS Cl SY A LS TY
SS SC SP IF BF 404
PWS: FC:
Other:
Restoration Required by the Respondent Yes /
Dimensions in excess I Dimensions to restore I Final dimensions Actually restored
mitt unauthorized activities allowed
.Activities
NOTES: _ 4,6, W,�VJ,,J1 — ek� 40w, � y �crt/H
l262U� EA T 41 A IA-.-) A-
Closing
Payment Received $__.___.___._______.____........__Date------ --- .__-- Date Case Closed

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
NOTICE OF VIOLATION
April 8, 2008 �'��'
CERTIFIED MAIL (jam
RETURN RECEIPT REQUESTED APR I 1 2008
Larry Wise Morehead City DCM
501 Cedar Road, Suite 2A
Chesapeake, Virginia 23322-5227
RE. NOTICE OF VIOLATION AND REQUEST TO CEASE UNAUTHORIZED DEVELOPMENT
CAMA VIOLATION #08-19A
Dear Mr. Wise:
This letter confirms that on April 3, 2008, Field Representative Ron Renaldi was onsite at your property
located at 296 Griggs Acres Drive adjacent to the Albemarle Sound, located in Curdtuck County, North
Carolina, THa purpose of the visit was to investigate the unauthorized construction of a bulkhead within the
Albemarle Sound. This also confirms our conversation regarding this matter, on April 7, 2008.
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 (LAMA). 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. North Carolina General
Statute (N.G.G.S.) 113A-1 18 imposes this requirement.
I have information that indicates you have undertaken or are legally responsible for constructing a bulkhead
waterward of normal water level, adjacent to the aforementioned property. This activity took place in
Estuarine and Public Trust Waters that are contiguous with the Albemarle Sound. Estuarine and Public
Trust Waters 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 $10,000 may be assessed against any
violator. Investigative costs shall be in addition to any civil penalty assessed. 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 $10,000. An injunction or criminal penalty may also be sought
to enforce any violation (N.C.G.S. 11 3A-1 26).
It is the policy of the Coastal Resources Commission to levy a minimum civil assessment of $800.00, plus
investigative costs, not to exceed $10,000 against all violations. This is done to recoup some of the costs of
1367 U.S.17 South, Elizabeth City, North Carolina 27909
Phone: [phone] FAX: [phone] Internet: www.necoastalmanagement.net

r
Larry Wise
April 8, 2008
Page 2 of 2
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 Law 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. 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.
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. However, please be advised that upon request, you must be able to provide us proof that you have
given your adjacent riparian property owner(s) notice of this unauthorized development and provided them
the opportunity to comment to the Division of Coastal Management.
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.
Upon my submission of an enforcement report to the District Manager, you will be notified as to the amount
of a civil assessment for undertaking development without first obtaining the proper permit. Thank you for
your time and cooperation in resolving this important matter. If you have any questions, do mot hesitate to
contact me at [phone].
Sincerely,
Lynn W. Mathis
District Compliance & Enforcement Representative
Cc: M. Ted Tyndall, Assistant Director, DCM
Frank A. Jennings III, District Manager, DCM
Roy Brownlow, Compliance Coordinator, DCM
Raleigh Bland, USACE
Tod Gaskill, Top Dollar Construction
1367 U.S.17 South, Elizabeth City, North Carolina 27909
Phone: [phone] FAX: [phone] Internet: www.nccoastaimanagement.net

CNOV Date
Penalty Assessment
Sent to Respondent Date
Rcvd, by Dist. Mgr. Date --_.
Assessment Extended Yes No
DCM ENFORCEMENT TRACKING REPORT
,dvr Issuer
ram' Field Rep. �/`ILIA/ dW7711 / Violation Base No. ir7
LPO ! lV? 4 S12w7> ❑ B C D
�.
LPJ Violated Permit No:
(ifapplicable) -"
Violation Description Was activity peimittable? Yes / No
Initial Discovery Date r2tL-3 2 • , Discovery Method/�t6 , jtyy� w ak— f9/J/7 a /dlt�t�/�SSIsr
Violation Description /'15 x;»1i7 P. y, �»Ct� /�i. if 7p�LY��7,2 i't"A'o V� �VCG�uG,
Respondent Information Prior Violations in same AEC: Yes / s& 'Case'IN,
Respondent Name(s) L•9-atu' IUS E' (Landowner/Agent/Contractor)
Address City-- State 6%i Zip Z2-
Phone #
Fax #
Violation Type:
Project Type:
Authorizations Required:
Site Visits
Respondent Site Visits
Respondent
® No Permit
® rrva /Community
M Major CAMA
Present
Present
El Permit Condition
ElGovt./Public
El Minor D&F7
❑
❑
❑ Expired Permit
❑ Commercial
❑ General
❑
❑
❑ inconsistent w/ Rules
❑
❑
Violation Location and Site Description,
Rover File
Project Location: County
t F n2 a [ iizJc
Shoreline Length lUU r
Street Address/ State Road/ Lot #(s) 2��/
Pf! r•cq /if' &V
SAV:
Not Sure Yes
ddo
/!/itLt
Sandbags:
Not Sure Yes
-c0
Subdivision C•F.S
iiC.vr[:
PNA:
Yes
Adjacent
_7�_�aav°
City_ !G vtt_% /741'1/5,'YC
ZIP
77<7
��
ORW:
Yes
cPd�
Adjacent
i
Crit. Hab.
Yes
ab)
Phone # (_) River Basin & V& )dsuZ Photos ? No
Adj. Wtr. Body 2iL &LZI&I /man junk n)— Waiver Required 49P (15
Closest Maj. Wtr. Body — (�j��/iTCL� Sdtlt In DWQ Buffer Area Yes Lb7
Specify DWQ Buffer if applicable:
Restoration
NOV Date Initial Req. Camp. Date /t't[7 _ Extension Granted Yes No
Restoration Letter
Acceptance Date
Date Comp. Observed
A.0409 Ref.
Recomm. AssessDCM Assess.
App./Permit Fee
I
e��. ��
is
PenaltyUa_$
$------
Willful/Intent.
.. $ $
i-------------
Continuing
— ----?--------
$ : $
Other
�iL� C�G�
--$ $
Total

e.
Formal Assessments, Appeals and Reductions
Date Long Form Submitted Assessment Appealed Yes No
Date Formal CPA Submitted
El Penalty modified
Final Assessment t Data
Attorney General's Office for Injunction or Formal Collection
Date sent to AG
Date Collection Let. Sent
❑ Respondent not responsive to penalty/NOV ❑ Injunction to complete restoration
Date Demand Let.
Violation Activities and Impacts
AECs Affected:
CW (ETA ES PTS
OEA HHF 1H
-PWS:.: ... FC:-
Other:
Restoration Required by the Respondent Yes / t�
In excess
.Activities
Wetlands Impacted? Yes / 0 If yes, which types:
SA DS Cl SY JR LS TY
SS SC 11 SP IF BF 404 -
Dimensions to restore I Final dimensions I Actually restored
allowed
I - - rtaoliat Uescrlpoon i - . I 1 - I I
NOTES: V 946, Agd/ ti/ — eu , 411. :3.,2crr/N
Closing
Payment Received $__.__._.._-___._..._..__.-__ ---.__Date__-.-_.._--_.__..._. Date Case Closed

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