05-19A Ludwig

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NCDENR
North Carolina Department of Environment and Natural Resources
a*1 MTT
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Division of Coastal Management
Michael F, Easley, Govemor Charles S. Jones, Director William G. Ross Jr., Secretary
!08
Mr. Dale Ludwig May 15,
�i 8 Oak Grove Road
Palmyra, VA 22963-2530 MAY 2006
RE, CAMA Major Violation Cases #05-19A and #05-20A 'i1 Cctd city DCM
Dear Mr. Ludwig:
This letter is in reference to the Notices of CAMA Violation sent to you by Lynn Mathis dated 22 August
2005 and 28 July 2005 (case nos. 05-19A and 05-20A respectively) and for the installation of unauthorized
jet ski lifts within the Estuarine Waters and Public Trust Areas of Environmental Concern (AEC). The
activity took place on your property located 1110 and 1108 Harbor View Drive in the community of
Colington Harbour, Dare, North Carolina.
It is my understanding that both of the aforementioned violations may be issued under one notice of
violation. Based on this information and after further consultation with the Division of Coastal Management
staff, it is my determination that case no. 05-19A Notice of Violation be combined with case no. 05-20A and
served as one Notice of Violation under 05-20A for both unauthorized activities.
Please be advised that this determination only applies to the activity as described herein and is not
dismissing the CAMA violation you have been cited for in case no. 05-19A. Any other work you propose
within the Estuarine Waters and Public Trust Area AEC will require an evaluation by this office for any
CAMA Permit requirements before commencing work.
Therefore, the proposed civil penalty amount of $200.00 in the 23 January 2006 letter to you is
withstanding. In order to resolve this matter with no further action or expense on your part, you may sign
the "Agreement to Pay Proposed Civil Assessment" and submit with it a new check for $200.00 for the
proposed civil assessment. Upon receipt of the new check, the original check (#1776) will be returned to
you and this case will be closed.
Thank you for your attention and cooperation in this matter. If you have any questions pertaining to this
matter, please feel free to call me at [phone].
Sincerely, _
`Ted 5ampsdn
District Manager, DCM
Cc:(__Ted Tyndall, A sistant Director, DCM
w, Compliance Coordinator, DCM
Lynn W. Mathis, Coastal Management Representative, DCM

f Ludwig
Subject: Ludwig
From: Roy Brownlow <Roy. Brownlow@ncmail. net>
Date: Mon, 08 May 200615:45:04 -0400
To: Lynn Mathis <[e-mail]>
CC: Ted Sampson <[e-mail]>, Ted Tyndall <[e-mail]>
Lynn:
Thanks for the additional information you sent. I discussed this further with Ted and the attached letter hopefully will
clarify this matter. We are not rescinding the violation, just suggesting to combine the two violations into one NOV,
but it would require dropping one of the case numbers and I hope the attached letter is clear that both violations are
being accounted for under one NOV, similar if Mr. Ludwig were applying for a permit to put in the lifts on both
properties under a blanket permit. I believe this proposal will keep us consistent with the rules and allow us to
resolve this matter without lengthy hearings or forms.
Let's discuss further if necessary. Thanks for the great work you do,
Roy
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1 of 1 5/17/2006 9:31 AM

DATE
Mr. Dale Ludwig
8 Oak Grove Road
Palmyra, VA 22963-2530
RE: CAMA Major Violation Cases #05-19A and #05-20A
Dear Mr. Ludwig:
This letter is in reference to the Notices of CAMA Violation sent to you by Lynn Mathis dated 22 August
2005 and 28 July 2005 (case nos. 05-19A and 05-20A respectively) and for the installation of unauthorized
jet ski lifts within the Estuarine Waters and Public Trust Areas of Environmental Concern (AEC). The
activity took place on your property located 1110 and 1108 Harbor View Drive in the community of
Colington Harbour, Dare, North Carolina.
It is my understanding that both of the aforementioned violations may be issued under one notice of
violation. Based on this information and after further consultation with the Division of Coastal Management
staff, it is my determination that case no. 05-19A Notice of Violation be combined with case no. 05-20A and
served as one Notice of Violation under 05-20A for both unauthorized activities.
Please be advised that this determination only applies to the activity as described herein and is not
dismissing the CAMA violation you have been cited for in case no. 05-19A. Any other work you propose
within the Estuarine Waters and Public Trust Area AEC will require an evaluation by this office for any
CAMA Permit requirements before commencing work.
Therefore, the proposed civil penalty amount of $200.00 in the 23 January 2006 letter to you is
withstanding. In order to resolve this matter with no further action or expense on your part, you may sign
the "Agreement to Pay Proposed Civil Assessment' and submit with it a new check for $200.00 for the
proposed civil assessment. Upon receipt of the new check, the original check (#1776) will be returned to
you and this case will be closed.
Thank you for your attention and cooperation in this matter. If you have any questions pertaining to this
matter, please feel free to call me at PHONE.
Sincerely,
DISTRICT MANAGER
District Manager, DCM
Cc: Ted Tyndall, Assistant Director, DCM
Roy Brownlow, Compliance Coordinator, DCM
FIELD REP, Coastal Management Representative, DCM

)PV
DATE
Mr. Dale Ludwig
8 Oak Grove Road
Palmyra, VA 22963-2530
RE: CAMA Major Violation Cases #05-19A and #05-20A
Dear Mr. Ludwig:
This letter is in reference to the Notices of CAMA Violation sent to you by Lynn Mathis dated 22 August
2005 and 28 July 2005 (case nos. 05-19A and 05-20A respectively) and for the installation of unauthorized
jet ski lifts within the Estuarine Waters and Public Trust Areas of Environmental Concern (AEC). The
activity took place on your property located 1110 and 1108 Harbor View Drive in the community of
Colington Harbour, Dare, North Carolina.
It is my understanding that both of the aforementioned violations may be issued under one notice of
violation. Based on this information and after further consultation with the Division of Coastal Management
staff, it is my determination that case no. 05-19A Notice of Violation be combined with case no. 05-20A and
served as one Notice of Violation under 05-20A for both unauthorized activities.
Please be advised that this determination only applies to the activity as described herein and is not
dismissing the CAMA violation you have been cited for in case no. 05-19A. Any other work you propose
within the Estuarine Waters and Public Trust Area AEC will require an evaluation by this office for any
CAMA Permit requirements before commencing work.
Therefore, the proposed civil penalty amount of $200.00 in the 23 January 2006 letter to you is
withstanding. In order to resolve this matter with no further action or expense on your part, you may sign
the "Agreement to Pay Proposed Civil Assessment" and submit with it a new check for $200.00 for the
proposed civil assessment. Upon receipt of the new check, the original check (#1776) will be returned to
you and this case will be closed.
Thank you for your attention and cooperation in this matter. If you have any questions pertaining to this
matter, please feel free to call me at PHONE.
Sincerely,
DISTRICT MANAGER
District Manager, DCM
Cc: Ted Tyndall, Assistant Director, DCM
Roy Brownlow, Compliance Coordinator, DCM
FIELD REP, Coastal Management Representative, DCM

Ludwig
Subject: Ludwig
From: Roy Brownlow <Roy. Brownlow@ncmail. net>
Date: Mon, 08 May 2006 15:46:04 -0400
To: Lynn Mathis <[e-mail]>
CC: Ted Sampson <[e-mail]>, Ted Tyndall <[e-mail]>
Lynn:
Thanks for the additional information you sent. I discussed this further with Ted and the attached letter hopefully will
clarify this matter. We are not rescinding the violation, just suggesting to combine the two violations into one NOV,
but it would require dropping one of the case numbers and I hope the attached letter is clear that both violations are
being accounted for under one NOV, similar if Mr. Ludwig were applying for a permit to put in the lifts on both
properties under a blanket permit. I believe this proposal will keep us consistent with the rules and allow us to
resolve this matter without lengthy hearings or forms.
Let's discuss further if necessary. Thanks for the great work you do,
Roy
Content -Type: application/msword
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1 of 1 5/8/2006 4:09 PM

Correction to Ludwig e-mail
Subject: Correction to Ludwig e-mail
From: Lynn Mathis <Lynn.Mathis@ncmail:net>
Date: Mon, 08 May 200613:38:55 -0400
To: Ted Tyndall <[e-mail]>, Roy Brownlow <Roy. Brownlow@ncmail. net>, Ted Sampson.
<Ted. Sampson@ncmail. net>
*Please disregard the previous e-mail. Information, order and location was incorrect, the
information below is correct and verifiable.*
I do not recommend rescinding any NOV based on Mr. Ludwig's letter. I base this statement
on the following information. I hope this helps. Just let me know how you would like me to
proceed. Lynn
*
*_*NOV #05-19A*
1) NOV issued Co Dale Ludwig in August 2005. The initial letter was refused.
2)Address 1110 Harbour View Drive, Colington Harbour, Dare County
3) Mr. Ludwig purchased property in 1996
4) According to the Dare County Interactive Site aerial photograph, there was no lift on
the property in 2002. The date of the photograph was verified by Eddie Francis of the Dare
County Mapping Department.
5) A bulkhead GP was issued to Dale Ludwig on December 6, 2000 and there was no lift on the
property (and no lift permit was issued). There was only an existing dock. 6) Based on the
best available information it appears that the lift was installed after 2002, and picked up
as a violation in 2004.
* NOV#05-20A *
1) NOV issued to the owner Dale Ludwig.
2) 1108 Harbour View Drive in Colington Harbour, Dare County
3) Property purchase May of 2004
4) I issued a bulkhead GP to the previous owner in 2000 for a bulkhead and no lift was
existing or proposed.
5) Dare County Interactive Site aerial photograph shows no lift on the bulkhead in 2002.
The date of the photograph was verified by Eddie Francis of the Dare County Mapping
Department.
6) Adjacent property owner submitted a written objection to his installing a lift in 2004
and a second letter in 2005. It appears that Mr. Ludwig notified owners and installed
without getting the permit.
7) Dennis Hawthorn was asked to look into a complaint by an adjacent property owner in
2005, but pasted it off. I picked up the file in 2005.
8) Based on the best available information it appears that the lift was installed after
2002, and picked up as a violation in 2004.
1 of 5/8/2006 4:08 PM

FEB-09-2006 TNU 03:57 PM DCM-DMF E, CITY FAX NO. 252 264 3723 P. 01
DIVISION OF COASTAL MANAGEMENT
i867 US 17 South, Elizabeth Citq, NC 27909
Phone; 252-264-3901, Fax; 252-26 4.372 f,r-
FAX MEMORANDUM - t' F 2000
T0:
Morehead City DCM
COMPANY:
PHONE NO: FAX NO: I 3 _2 j3
DATE*. _�_x,, c� ,.1 x... TOTAL N0. OF PAGES: �(,J
SUBJECT:
NOTES/COMMENTS:
Mr. Ludwig:
For you convenience I am faxing the complete version of 07J .0409, Civil
Penalties. The specific section you will need to address is found sub -section
(g) Payment and Remission/Mitigation.
You should send the request directly to the Director, Charles S. Jones at the
following address:
Charles S. Jones, Director
Division of Coastal Management
400 Commerce Ave.
Morehead City, NC 28557
IF 1 can be of further assistance do not hesitate to contact me.
Lynn Mathis

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NCDENR > ^ 2005
North Carolina Department of Environment and Natural Resources
Division of Coastal Management , iedu city DCM
Michael F. Easley, Governor Charles S. Jones, Director William G. Ross Jr., Secretary
NOTICE OF VIOLATION
August 22, 2005
.b41o_LSB �RB
CERTIFIED MAIL TB RB
RETURN RECEIPT REQUESTED MTT
Dale Ludwig
8 Oak Grove Road
Palmyra, Virginia 22963
RE: NOTICE OF VIOLATION FOR UNAUTHORIZED DEVELOPMENT
CAMA VIOLATION #05.19A
Dear Mr. Ludwig:
This letter confirms that on July 22, 2005, 1 was onsite of 1110 Harbour View Drive, Dare County, North
Carolina. The purpose of the visit was to investigate unauthorized installation of a Jet Ski lift in a man-made
canal off of the Albemarle Sound, in Colington Harbour Subdivision. The electronic lift was installed on the
waterward side of the bulkhead, within the riparian corridor of the neighbor at 1112 Harbour View Drive.
Information gathered by me for the Division of Coastal Management indicates that the work was
undertaken in violation of the Coastal Area Management Act (CAMA), and that you are legally responsible
for the development described above, on the aforementioned property. This activity took place in Estuarine
Water and Public Trust Area, which are Areas of Environmental Concern (AEC). 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.C.G.S.) 11 3A-1 18 imposes this requirement. 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.
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),
It is the policy of the Coastal Resources Commission to levy a minimum civil assessment of $200.00 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.
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

Dale Ludwig
August 22, 2005
Page 2
Based upon the North Carolina Administrative Code, Title 15A, Subchapter 07H. State Guidelines for Areas
of Environmental Concern, the activity you have undertaken, installation of a Jet Ski lift is not consistent
with Section 07H .1208 0205(o), which states: Piers, docks and boat houses 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 the adjacent property lines extended into the water at the points that they intersect the shoreline. The
minimum setbacks provided in the rule may be waived by the written agreement of the adjacent riparian
owner(s), or when two adjoining riparian owners are co -applicants." Jet Ski lifts and boatlifts are
considered a part of a normal docking system and are subject to the riparian setback requirement.
Therefore, I am requesting that that you obtain the necessary waiver from your neighbor at 1112 Harbour
View Drive, or remove the unauthorized lift. 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 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 and/or development that is inconsistent with Coastal Resources Commission rules.
Sincerely,
Lynn W. Mathis
Coastal Management Representative
Cc: Ted Tyndall, Assistant Director, DCM
Ted Sampson, District Manager, DCM
Roy Brownlow, Compliance Coordinator, DCM
Raleigh Bland, USACOE
ENCLOSURE
It is the policy of the Coastal Resources Commission to levy a minimum civil assessment of $200.00 and higher against all
violations of this type 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.

RESTORATION PLAN
For
Dale Ludwig
CAMA Violation No. 05.19A
Property located at 1110 Harbour View Drive in Colington Harbour, Dare County, North Carolina
Riparian Property
Owner: Dods Williams
1112HarbourViewDdue
PL
Owner. DaletudOg
1110 Harbour V ieWDrive
ownerDaleLudwiy
1103 Harbour View D rl ve
Owner: Alberta Kronen
1106 HarbourViewDriue
ghborat1112 Harbour Vie
or remove the Jet Ski Lit
) attached Waiver form.
� � F
`�—Prmtdled Pig
CANAL
i
i
i
Riparian lines
Burkhead
I, Dale Ludwig, agree to obtain the necessary waiver from the adjacent riparian property owner at 1112
Harbour View Drive, or remove the unauthorized Jet Ski lift from 1110 Harbour View Drive.
I agree to complete this restoration to the satisfaction of the Division of Coastal Management (DCM) by
September 20, 2005, or provide in writing 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 levy a minimum civil assessment of 5200.00 and higher against all
violations of this type 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.

LSB pp�, RB
TMW TB FRB
*— �MTT
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
November 21, 2005
CERTIFIED MAIL
RETURN RECEIPT REQUESTED
Dale Ludwig
8 Oak Grove Road
Palmyra, Virginia 22963
RE: CAMA VIOLATION #05-19A
Dear Mr. Ludwig:
1,ED
DEC - 5 2005
Morehead City DCM
This letter is in reference to the Notice of Violation dated August 22, 2005 that Lynn Mathis, representative
for the Division of Coastal Management, issued to you for unauthorized installation of a Jet Ski lift in a man-
made canal off of the Albemarle Sound, located at 1110 Harbour View Drive in Colington Harbour
Subdivision, Dare County. The violation involved Estuarine Waters and Public Trust Area, which are Areas
of Environmental Concern designated by the Coastal Resources Commission. Based upon the waiver
received from the adjacent riparian property owner, 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 $200.00 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 $200.00 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.nocoastalmanagement.net
An Equal Opportunity \ Affirmative Action Employer — 50% Recycled \ 10% Post Consumer Paper

Dale Ludwig
November 21, 2005
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,
Ted Sampson, District Manager
Division of Coastal Management
Enclosures
cc: Ted Tyndall, Assistant Director, DCM
Roy Brownlow, Compliance Coordinator, DCM
Lynn Mathis, Coastal Management Representative, DCM

j
Dale Ludwig
November 21, 2005
Page 3 of 3
CAMA VIOLATION # 05.19A
Dale Ludwig
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 $200.00 against me for violation of the. Coastal Area
Management Act, NCGS 113A-100 et seg, committed on or near my property 1110 Harbour View Drive in
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 August 22, 2005,
and agree to pay the proposed civil assessment of $200.00.
DATE
SIGNATURE
ADDRESS
TELEPHONE NUMBER

DCM ENFORCEMENT TRACKING REPORT
Issuer O S _
Field Rep. /7 , 5 (7&� Violation Base No.
// A B C D
LPO �o 5
Violated Permit No.
LP1 (if applicable)
Violation Description / Was activity permittable7 es I No
Initial Discovery Date L7,d 5� Discovery Method oclti /dtI&
Violation Description
Respondent Name(s)
A11-inn � V
Phone #
Prior Violations in same AEC: Yes / No
city
Fax #
State V4 Zip 2-29(03
Email
Violation Type: Project Type: Authorizations Required: Site Visits Respondent Site Visits Respondent
Present Present
No Permit Private/Community Jg Major CAMA > Gy ❑ ❑
❑ Permit Condition ❑ Govt./Public ❑Minor D&F w , _ �❑ ❑
❑ Expired Permit ❑ Commercial [� General �� ❑ ❑
❑ Inconsistent wl Rules
Violation Location and Site Description Rover File
Project Location: County (Jri2� FyLyrr v Id-4 &IIdlZ; Shoreline Length
Street Address/ State Road/ Lot #(s) i/ /� SAM Not Sure No
T•s,�i /lr;9& Sandbags: Not Sure Yes Ind
pNA; Yes fjfJb Adjacent
Subdivision 'f " 2" �a
�``'2CT1"-�"`� ORW: Yes 45p Adjacent
city�4 — ZIP i1 yzi Crit. Hab. Yes tv
River Basin Photos ag No
Phone# (—)_ -= -
r fnat nkn)_ Waiver Required 69 No
Adj. Wtr. Body In DWQ Buffer Area Yes
Closes[ Maj. W[r. Body Specify DWQ Buffer If applicable:
Restoration Extension Granted es No
NOV Date- Initial Req, Comp. Date ate—
Restoration Letter
CNOV Date _
Date Comp. O ved 1'h'
Acceptance Date
I 71.0409 Ref,
Recomm. Assess. DCM Assess.
Penalty Assessment
/!�%•v G'S� PP'/Permit Fee!
j $ - ilc Io cc,
Id-Eee)
Sent to Respondent Date
/r Penalty i v
I $ f � o �'�
� $ ILI
b DCM Date
— •- -- { �"
----
I
Rcvd y
Willful/Intent.
S _
Assessment Extended Yes
No 1---
�
—
Is
—
$
Continuing
rOther
!S
$ ----
-- --
---- -- Total
----
Zt%l • (
_� 4e c=

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
❑ 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 / No If yes, which types:
CW l (PTA .) CE PTS
OEA HHF SA SC SP IF 4 JR TY
SS SC SP IF BF 04
PWS: FC;
Other:
Restoration Required by the Respondent Yesj No
Activides
Habitat
NOTES:
In excess I Dimensions to restore I Final dimensions I Actually restored
>rized activities allowed
Closing
Payment Received S___..._..—_—_—.--_Date._--_._— Date Case Closed

20-Dec-05 NC DIVISION OF COASTAL MANAGEMENT ENFORCEMENT RECORD
!I CASE STATUS] CASE NUMBER LAST NAME
FIRST NAME BUSINESS NAME:
y CASE IS OPEN I OS-19A ILUDWIG JDALE
CASE IS CLOSED I Previous Violations in Same
NOV DATE CLOSURE DATE Elapsed Days AFFLILIATION SECTOR ❑ AEC for Similar Activities
8,22/2005 Vi7m ,;;'tz; F PROPERTY OWNER 1PRIVATE
MAILING ADDRESS CITY STATE ZIP CODE PHONE NUMBER
8 OAK GROVE ROAD PALMYRA VA 22963- F—
PROPERTY ADDRESS COMMUNITY WATERBODY NEAREST ROAD
1110 HARBOUR VIEW DR IKILL DEVIL HILLS CANAL SYSTEM
DISTRICT OFFICE COUNTY DCM REPRESENTATIVE LPO CONTACT
ECDO IDARE IJENNINGS I
VIOLATION TYPE-wiiECTED AEC(S-) CVJ Y EW Q PTA ❑ ES ElPTS
MAJOR CAMA r__1 OEA !1l HHFA ❑ IHA f 1, PWS ❑ NCRA
NATURE OF VIOLATION
AEC DESCRIPTION
Unauthorized major development by installing a personal watercraft lift within the EW and PTA AECs in the man-
made canal system contiguous with Colington Harbour and the Albemarle Sound.
i RESTORATION STATUS RESTORATION REQUEST DATE COMPLETION DATE
rV_, RESTORATION REQl11REb
9/20/2005 1 9/27/2005
❑ RESTORATION NOT REQUIRED- CONTRACTOR
RESTORATION EXTENDED RESTORE DATE
❑
❑ RESTORATION NOT REQUIRED- PERMITTABLE DEVELOPMENT
DEADLINE
EXTENDED
❑ RESTORATION NOT REQUIRED - FURTHER IMPACTS
❑ REFERRED TO AG'S OFFICE - INJUNCTION
❑ RESTORATION PENDING
INJUNCTION REFER DATE: F—
❑ REFERRED TO AG'S OFFICE - COLLECTION
COLLECTION REQUEST DATE. I
ASSESSMENT DATE PENALTY AMOUNT COLLECTION DATE AMOUNT COLLECTED
PENAI— LTY STATUS � � F
11/21/2005 5200
EVI PENALTY ISSUED
❑ WILLFUL &INTENTIONAL PENALTY (MIN. OR DOUBLED)
] PENALTY NOT ISSUED ❑ CNOV ISSUED F___—CNOV DATE
CONRACTOR'S FIRST OFFENSE ❑ PENALTY APPEALED IAPPEAL DATE
❑ FORMAL CPA ISSUED I FORMAL CPA DATE
❑ SETTLED. AGREED UPON. STIPULATED PENALTY 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)
NOTES

V
FEB-20-2006 MON 01:10 PM DCM-DMF E. CITY
NCDENR
North Carolina Department of Environment and Natural Resources
Division of Coastal Management
... Mlehael F, F.asloy, Governor Charles S. Jones$ Director . William.G. Ross Jr., Secretary.
CERTIFIED MAIL
RETURN RECEIPT REQUESTED
Dale Ludwig
8 Oak Grove Road
Palmyra, Virginia 22963
RE., CAMA VIOLATION #05.20A
Dear Mr. Ludwig:
FAX NO. 252 264 3723 P. 03
January 23, 2006
This letter Is In reference to the Notice of Violation dated August 22, 2005 that Lynn Mathis, representative
for the Divislcn of Coastal Management, Issued to you for unauthorized installation of a Jet Ski lift in a man-
made canal off of the Albemarle Sound, located at 1108 Harbour View Drive in Colington Harbour
Subdivision, Dare County, The violation involved Estuarine Waters and Public Trust Area, which are Areas
of Environmental Concern designated by the Coastal Resources Commission. Based on the restoration
requirements the jetskl lift was moved to an adjacent lot with a signed waiver from the adjacent riparian
property owner, 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 $200.00 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 orderto
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 $200,00 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
onclosed, self-addressed envelope within ten (10) days of your receipt of this letter. Upon deposit of your
check in tho Departments 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 (1 D) 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.nccoastalmanagement.net
An Eou0100p0AU611y \ Allirmaevo Acllon Employer — 50% Recyded \ 10% Post consumer Paper

FEB-20-2006 MON 01:10 PM DCM-DMF E. CITY FAX NO. 252 264 3723 P. 04
Dale Ludwig
January 23, 2006
Page 2of2
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,
' 'Ted Sampso6,, istrict Manager
i U!vision of Coastal Management
Enclosures
cc: Ted Tyndall, Assistant Director, DCM
Roy Brownlow, Compliance Coordinator, DCM
Lynn Mathis, Coastal Management Representative, DCM

FEB-20-2006 MON 01:10 PM DCM-DMF E, CITY FAX NO. 252 264 3723 P. 05
Dale Ludwig
January 23, 2006
Page 3 of 3
CAMA VIOLATION # 05.20A
Dale Ludwig
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 $200.00 against me for violation of the Coastal Area
Management Act, NCGS 113A-100 et seq, committed on or near my property 1108 Harbour View Drive in
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 August 22, 2005,
and agree to pay the proposed civil assessment of $200.00,
DATE
SIGNATURE
ADDRESS
TELEPHONE NUMBER

FEB-20-2006
MON 01:15 PM DCM-DMF E. CITY FAX NO. 252 264 3723 P. 16
NCDENR
North Carolina Department of Environment and Natural Resources
Division of Coastal Management
Michael R Easley, Governor Charles S. Jones, Director William G. Ross Jr., Secretary
NOTICE OF VIOLATION
July 28, 2005
CERTIFIED MAIL
RETURN RECEIPT REQUESTED
Dale Ludwig
8 Oak Grove Road
Palmyra, Virginia 22963
RE: NOTICE OF VIOLATION FOR UNAUTHORIZED DEVELOPMENT
LAMA VIOLATION #05-20A
Dear Mr, Ludwig;
This letter confirms that on July 22, 2005,1 was onsite of 1108 Harbour View Drive, Dare County, North
Carolina. The purpose of the visit was to investigate the unauthorized Installation of a Jet Ski lift in a man-
made canal off of the Albemarle Sound, in Colington Harbour Subdivision. The electronle lift was Installed
on the watenvard side of the bulkhead, within the riparian corridor of the neighbor at 1108 Harbour View
Drive.
Information gathered by me for'the Division of Coastal Management indicates that the work was
undertaken in violation of the Coastal Area Management Act (CAMA), and that you are legally responsible
for the development described above, on the aforementioned property. This activity took place in Estuarine
Water and Public Trust Area, which are Areas of Environmental Concern (AEC). 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•C.G.S.) 113A-118Imposes this requirement. No permit was issued to you for work in this area,
(lased on these findings, I am initiating an enforcement action by issuing this Notice of Violation for
violation of the Coastal Area Management Act.
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),
It is the policy of the Coastal Resources Commission to levy a minimum civil assessment of $200.00 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.
1367 U.S.17 South, Elizabeth City, North Carolina 27909
Phone: [phone] FAX; 252-264.37231 Internet: www,nccoastalmanagement.net
An F.qual opportunity 1 ANirmalive Action Employer —60% Recycled 110%Post Consumer Paper ,

FEB-20-2006 MON 01:16 PM DCM-DMF E. CITY FAX NO, 252 264 3723 P. 17
Dale Ludwig
July 28, 2005
Page 2
Based upon the North Carolina Administrative Code, Title 15A, Subchapter 07H. State Guidelines for Areas
of Environmontal Concern, the activity you have undertaken, Installation of a Jet Ski lift Is not consistent
with Section 07H ,1208 0205(o), which states; "Piers, docks and boat houses shall not Interfere with the
access to any riparian property, and shall have a minimum setback of 15 feet between any part of the pler
and the adjacent property lines extended into the water at the points that they intersdct the shoreline, The
minimum setbacks provided in the rule may be waived by the written agreement of the adjacent riparian
owner(s), or when two adjoining riparian owners are co -applicants:' Jet Ski lifts and boatlifts are
considered a part of a normal docking system and are subject to the riparian setback requirement.
Therefore, I am requesting that that you obtain the necessary waiver from your neighbor at 1106 Harbour
`> lew Drive, or remove the unauthorized lift, Please refer to the enclosed Restoration Agreement,
If you intend to cooperate with this request, please sign one of the attached Restoration Agreements and
return It to ma 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 of rice 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 has been complied with.
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
notifiod as to the amount of the civil assessment for undertaking development without first obtaining the
proper permit and/or development that is Inconsistent with Coastal Resources Commission rules.
Sincerely,
C v--.
Lynn W. Mathis
Coastal Management Representative
Cc; Ted Tyndall, Assistant Director, DCM
Ted Sampson, District Manager, DCM
Roy Brownlow, Compliance Coordinator, DCM
Raleigh Bland, USACOE
ENCLOSURE
It is the policy of file Coastal Resources Commission to levy a minimum civil assessment of $200.00 and higher against all
vlelstions of 1111,5 type depending upon the damage to the resources. If rosloralloa is not undertaken orsatisfactodly completed, a
subslanlinlly highercivil assessnloni will be levied and an injunction sought Io regbire restoration..

FEB-20-2005 MON 01:11 PM DCM—DMF E. CITY FAX [phone] P. 06
[ACM ENFORCEMENT TRACKING REPORT
Issuer (j S ^2 0
Field Rap, ,,�, �J�i n,�, �� S [� Violation Base No.A B C D
LPO—... 4M // 1CYB"�S O
No
Violate Ofapptat �e)
Violation D-oScription
initial Discovery Date i� •i 2, �2^a_5Discovery
Violation Descrlption
Was activity permittable7 Yes
Rci pondentInformation Prior Violations In same AEC: Yes! No tCa{e.111}cmber;e,;
Rerpordcnt IVatne(s) ¢ IL t S d, w r (Landowner/Agent/Contractor),
Address `8 ° k _, t z ✓ d . City r O� State �fj 21p 22 q (c
phone
Violation Yype:
NoPerrtit
Perntlt Condition
[_]
Expired Permit
Inconsistent w/ Rules
ProjactType:
PrivatolCommunity
❑ Gavt.iPubllc
[] Commercial
Fax #
pAuthorizations equired;
L d Major CAMA
U Miner _ D&F
General
Site Visits Respondent
Present
SiteVlsits Respondent'
Present
El
EJ
Violation Location and Site 1)escription
Rover File
2-7- t4-& ..
....
Project Location: County r �r
Shoreline Length , A =
Street Address/ State Road! Lot #(s) _
SAVt
NotSure
No
— (/03_
Sandbags:
NotSuro Yes
4 M
dvision eatIW G1v
Sub i'
PNA:
Yes
AdJaccnt
_1 •�
CIL L11—._ ZIP_., ?7 %Sx5'
Y -•
ORW:
Crit. Hub,
Yes
Yes
(S? Adjacent
0
Planet! _.._iRiver8asinvv ���_. _
Photos
YIP
No
Lidj• Won Body_., �� ^(nAt lggilunkn]_
Waiver Required g)
NO
,..,..
Closest Maj. Wtn Bady—__46em qiz
InDWQByfterArea •Yei
0,
Specify DWQ
Buffer If applicable;
Restoration
Z� r
NOV Data 2�Zv initial Rcq. Comp. Date AZ-1
Extension Granted
RestorationLotter
Yes No
CNOU Date ___. Data Cvmp. Observed yt12 I. 5
Acceptance Date
Penalty Assessment 7.1.0409 Rol, Recomm. Assess. DCM Assess,
—•Sont to Izesisondorit Data ,t�UY. 2l/�!xi?i" App,/Permlt Fee
Penalty 6 Is !an"�_ls—_��2L2«
Rcvd by DCM Date — --••— —••--- — S
Willi
AsvessrncnI
tExtended Yes No nuing
Cantnuing 8 $
.y��
1 4 •Total �'pp.l _C�er

FEB-20-2006 MON 01:11 PM DCM-DMF E. CITY FAX N0, 262 264 3723 P. 07
Formal Assessments, Appeals and Reductions
Data Long Form Submitted Assessment Appealed Yes No
Date Formal CPA Submitted
final Assessment S_Jlate
❑ Penalty modined
Attorney General's Office for Injunction or Formal Collection
Date sent to AG, ❑ Respondant not responsive to penalty/NOV ❑ Injunction to complete restoratlan
Data Collection Let, Stint `__— Date Demand Let, Sent
Violation Activities and Impacts
AF.Cs Affected: Wetlands Impacted? Yes //Na t If yes, which types:
Cw tl�5 & ES PTs
OEA • Hl-IF IH SA US' Ci SY 1R LS TY.
PWS;--• FC: ss sc SP IF BF 404
Restoration Required by the Respondent rYe)/ No
uimensions In excess I Dimensions to restore Iu
Final dimensions I Actually restored
of permld unauthorized activities anwAri
tauyrxu
Closing
Payment Received S__....... Date Case Closed

01-4
VIE"
1
. It

FEB-20-2006 MON 01:14 PM DCM-DMF E. CITY
k ComdrMm lam. 1, 2, apd 3, Also comple' r. A. signature
item 4 If'ReMncfad belrvery In desired. + _ _, ;•a
a Qri(it your namo and address on tho raverse x Q w� a" r"— , e""`�
® To thht wa can latum She card to you, B, Roaolasd by (Prin[edfJamoJ p,
Hach this card to tha back of tho mnllplocq, II LL
or on the front itspaeopermits. ii %)r) Lxd u7i!' e
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SEP 7 2005
FAX NO. 252 264 3723 P. 11
[I Agent
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Rutum Receipt
Ic Surp2-M-154a
RE:, NOTICE OF VIOLATION FOR UNAUTHORIZED DEVELOPMENT
CAMA VIOLATION #05.20A
Dear Mr. Ludwig:
Resources
William 0, Ross Jr., Secrotary
This letter confirms that on July 224005,1 was onsite of 1108 Harbour View Drive, Dare County, North
Carolina, The purpose of the visit was to Investigate the unauthorized installation of a Jet Skl lift in a man-
made canal off of the Albemarle Sound, In Colington Harbour Subdivision. The electronic lift was installed
on tho waterward side of the bulkhead, within the riparian corridor of the neighbor at 1106 Harbour View
Drive.
Information gathered by me for the Division of Coastal Management Indicates that the work was
undertaken in violation of the Coastal Area Management Act (CAMA), and that you are legally responsible
for the development described above, on the aforementioned property, This activity took place in Estuarine
Wator and Public Trust Area, which are Areas of Environmental Concern (AEC), 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.C,G.S.) 113A-118 imposes this requirement. No permit was Issued to you for work in this area.
Based on these findings, I am initiating an enforcemoht action by issuing this Notice of Violation for
violation of the Coastal Area Management Act.
A civil assessment of up to $2,500 may be assessed against any violator, Each day that the development
doscribed 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,0,G,S,113A-126),
It is the policy of the Coastal Resources Commission to levy a minimum civil assessment of $200.00 not to
oxcood $2,500 against all vlolations; 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 oh several factors, including the nature and area of the resources that were affected
and the'extent of the damage to them.
1367 U.S.17 South, Elizabeth City, North Carolina 27900
Phone,. 252-264.39011 FAX:, 252-264.3723 \ Internet: www,necoastalmlI anagement.net
Ar, Equal Opportunity \AllirmaliveAction Employer -50%Recycled \10%Post cons,. orpaper

FEB-20-2006 MON 01:14 PM DON-DMF E. CITY FAX NO. 252 264 3723 P, 12
Dale Ludwig
August 22, 2005
Page 2
Based upon the North Carolina Administrative Code, Title 15A, Subchapter 07H. State Guidelines for Areas
of Environmental Concern, the activity you have undertaken, installation of a Jet Ski lift is not consistent
with Section 07H ,1208 0205(o), which states: "Piers, docks and boat houses 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 the adjacent property lines extended into the water at the points that they Intersect the shoreline. The
minimum setbacks provided in the rule may be waived by the written agreement of the adjacent riparian
owner(s), or when two adjoining riparian owners are co -applicants," Jet Ski lifts and boatlifts are
considered a part of a normal docking system and are subject to the riparian setback requirement.
Therefore, I am requesting that that you obtain the necessary waiver from your neighbor at 1106 Harbour
View Drive, or remove the unauthori2ed lift, Please refer to the enclosed Restoration Agreement,
If you intend to cooperate with this 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 Ming 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 has been complied with,
Thank you for your time and cooperation in resolving this important matter. If you have any questions about
this or related matters, please call mo 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 and/or development that is Inconsistent with Coastal Resources Commission rules,
Sincerely,
Lynn W. Mathis
Coaslal Management Representative
Cc: Ted Tyndall, Assistant Director, DCM
Ted Sampson, District Manager, DCM
Roy Brownlow, Compliance Coordinator, DCM
Ralelgh Bland, USACOE
FNCLOSURE
it is the policy of the Coastal Resources Commission to levy a minimum civil assessment or $200.00 and higher against all
violatlons of ibis We doponding upon the damage to the resources. lr restorallon is not undertaken ersatisfactor!ly completed, a
subs!antialiyhigher civil assessment will he leviod andan injunction sought to require restoration.

FEB-20-2006 MON 01:15 PM DCM-DMF E. CITY FAX NO. 252 264 3723
P. 13
RESTORATION PLAN
For
Dale Ludwig
CAMA Violation No. 05.20A
Property located at 1108 Harbour View Drive in Colington Harbour, Dare County, North Carolina
A
0•v1aer&v;;William;
1112 HarbourViewOriva
Ownar, Dalo luayrg
111011arbourV:WMa
OwnarDaloLrad�vlg ,
1108 HarbarrVlowDdtro
RlpananPmpar(y
0wfmrA1ba4Kronon
1106 harbour ftvOrlve
CANAL
i
\wpalan lines
auDfto
Obban a waiver from tho
minimum 16 setback or
remove the Jet
1, Pale Ludwig, agree to obtain the .necessary waivers from the adjacent riparian property owners or
romove the unauthorized Jet Ski lift from 110E Harbour View Drive,
I agree to complete this restoration to the satisfaction of the Division of Coastal Management (DCM) by
September 20, 2005, or provide in writing 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 Iha policy of the Coastal Resources Commission to levy a minimum civil assessment of $000.00 and higher against all
vio!stlons of this type depending upon the damage to the resources, If rostoration is not undertaken or satisfactorily completed, a
substanti,Uy higher civil assessment will be levied and an Injunction sought to require restoration.

FEB-20-2006 MON 01:15 FM DCM-DMF E, CITY FAX NO. 252 264 3723
F. 14
SEP 2 2 2005
COASTAL, MANAGEMENT
EUZAb"�:; CITY
OF COASTAL MANAGEMENT
IiS�A:�aHY11N�1
9
Address of Property; 1110 Fii,A&A& l%iV DAVE
or
� - f',4-c
I hereby certify that I own property adjacent to the above referenced property. The individual
applying for this per it has described tome as shown on the attached drawing the development
they arc proposing. A description or drawing, with dimensions, should be provided with this
letter.
I have 110 Objections to tthis.prpoeal; , i have o, jectitin CBthis 7Yapo'�dl— '- — m
.If you have objections to what is being proposed, please write the Divis(on of Coastal
Management, 1367 US 17 South, L7ltza4th City, NC, 27909 or call [phone] within 10
drays of receipt of this notice. No response is considered the same as no objection if you have
been notified by Certifted Mall.
WAIVER SRCTION
I understand that a pier, dock, mooring pilings, breakwater, boat house, or liftmust 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.)
4. I do wish to waive the 15' setback requirement,
.,, I do•not wish to waive the 15' setback requirement,
Adjacent i arian Signnture/Aate
Print or Type Name t��•X 7(l�
Address /
�'Celephone Number
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FEB-20-2006 MON 01:11 PM DCM-DMF E. CITY
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FAX NO, 252 264 3723 P. 08
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, Director. --William.a, Ross Jr„ Secretary
21, 2005
ad August 22, 2005 that Lynn Mathis, representative
for unauthorized installation of a Jet Skl lift In a man -
it 1110 Harbour View Drive In Colington Harbour
arine Waters and public Trust Area, which are Areas
it Resources Commission. Based upon the waiver
� restoration requested •appears to be complete to the
I assessment of up to $2,500 may be assessed for
ommission to assess a civil penalty for all violations
violations and/or to compensate the public for any
a proposed civil penalty In the amount of $200,00 is
solve this matter prior to the assessment of a formal
and paying the amount proposed above, In orderto
a of an'Agreement•to Pay Civil Assessment;" (2)
Ile to the North Carolina Department of Environment
signed agreement and payment to this office in the
; of your receipt of this letter. Upon deposit of your
re a Notice of Compliance officially closing this
t �)to this office within ten (10) days, the Director of the
.„ inwsroli or t;oaslai management will iornany 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; 252.264.372311nternet: www.nccoastalmanagement,net
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FEB-20-2006 MON 01:09 PM DCM-DMF E, CITY FAX NO. 252 264 3723 E 01
� 1 DivisioN or coA9TAL MANAGEMENT Al
r 1367 US 17 South, Elizabeth City, NC 27900All
Phone: [phone]; Fax: [phone] NCDENR
FAX MEMORANDUM
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COMPANY: 7> C ✓vl - /YL c, a e, c• c�
PHONE NO; FAX NO:
DATE. c /c, C� TOTAL N0, OF PAGES:
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7 —

z0-FeS-06 NC DIVISION OF COASTAL MANAGEMENT ENFORCEMENT RECORD
CASE STATUS[ CASE NUMBER LAST NAME
FIRST NAME BUSINESS NAME:
CASE IS OPEN 05-20A 1LUDWIG DALE
Ci CASE IS CLOSED I Previous Violations in Same
❑ NOV DATE CLOSURE DATE Elapsed Days AFFLILIATION SECTOR AEC for Similar Activities
7(28�20U5 �— PROPERTY OWNER PRIVATE
MAILING ADDRESS CITY STATE ZIP CODE PHONE NUMBER
8 OAK GROVE ROAD 1PALMYRA VA 22963-
PROPERTY ADDRESS COMMUNITY WATERBODY NEAREST ROAD
1108 HARBOUR VIEW DR JKLIL DEVIL HILLS 1ALBEMARLE SOUND
DISTRICT OFFICE COUNTY DCM REPRESENTATIVE LPO CONTACT
ECDO DARE IL, MATHIS
CW V EW % i PTA ! ES PTS
ECTED VIOLATION TYPE AFFAEC(S)-
MAJOR CAMA OEA I HHFA 1 IHA [ J PWS ! NCRA
NATURE OF VIOLATION AEC DESCRIPTION
Unauthorized major development by installing a personal watercraft lift in a man-made canal contiguous with the
Albemarle Sound within the EW, PTA AECs.
RESTORATION STATUS
d, RESTORATION REQUIRED
RESTORATION NOT REQUIRED - CONTRACTOR
f_l RESTORATION NOT REQUIRED - PERMITTABLE DEVELOPMENT
❑ RESTORATION NOT REQUIRED- FURTHER IMPACTS
RESTORATION PENDING
RESTORATION REQUEST DATE COMPLETION DATE
8/20/2005 1 9/27/2005
RESTORATION EXTENDED RESTORE DATE
❑ DEADLINE
EXTENDED
❑ REFERRED TO AG'S OFFICE - INJUNCTION
INJUNCTION REFER DATE: F_
❑ REFERRED TO AG'S OFFICE - COLLECTION
COLLECTION REQUEST DATE: I
[PENALTY STATUS
ASSESSMENT DATE PENALTY AMOUNT COLLECTION DATE AMOUNT COLLECTED
11/21/2005 5200
� � F_ I
❑/ PENALTYISSUED
❑ WILLFUL &INTENTIONAL PENALTY (MIN. OR DOUBLED)
L:J PENALTY NOT ISSUED
❑ CNOV ISSUED F—CNOV DATE
Jl CONRACTOR'S FIRST OFFENSE
❑ PENALTY APPEALED APPEAL DATE
❑ FORMAL CPA ISSUED I FORMAL CPA DATE
❑ SETTLED. AGREED UPON. STIPULATED PENALTY r —SETTLEMENT DATE
❑ UNCOLLECTIBLE PENALTY F—UNCOLLECTIBLE DETERMINATION DATE
Violations Involving Adversely Impacted Resources
AMOUNT OF ADVERSELY DISTURBED AREA (SQ. FT.)
AMOUNT OF RESTORED AREA (SQ. FT)
NOTES

FILE MEMORANDUM
TO: ROY BROWNLOW, COMPLIANCE COORDINATOR
FROM: M. TED TYNDALL, ASST. DIRECTOR
SUBJECT: VIOLATION CASE CLOSURE RECOMMENDATIONS
DATE: 02/01/2012
CC: RONDA BENNETT
Investigation has disclosed information that warrants discontinuation of enforcement action on
the case listed below. Therefore, based upon staffs review and circumstances in this case, I
hereby authorize closing/discontinuing CAMA Violation case No.: D.s l 14
�,�p�'
M. TED TYNDALL, Assistant Director
02/01/2012
Date
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