17-08D Norris

ROY COOPER
Govemor
MICHAEL S. REGAN
Secretary
BRAXTON C. DAVIS
Director
Daniel Norris & Mary Russ
625 Hickory Point Road
Hampstead, NC 28443
NORTH CAROLINA
Environmental Quality
October 29, 2018
RE: Closure Letter
Payment of Proposed Penalty for Violations of the Coastal Area Management Act,
Committed in New Hanover County
CAMA Violation #17-08D
Dear Mr. Norris and Ms. Russ:
This letter will acknowledge receipt of check #156 in the amount of $1,129.00 for the Notice of
Violation dated May 1, 2018 issued by Tara MacPherson, Representative for the Division of Coastal
Management, for the unauthorized coastal wetland fill, pier piling installation and failure to obtain a
CAMA Minor Permit on property located at 311 Florida Avenue in.Carolina Beach, New Hanover
County. Once the amount is credited to the account of the Department of Environmental Quality,
this matter will be fully and completely closed.
Thank you for your cooperation in resolving this violation. If you have any further questions
concerning this matter, please contact me at the Wilmington Regional Office, [phone].
Sincerely,
b-J-A,-Z'
Debra D. Wilson
District Manager
tam/dw
cc: Roy Brownlow, Compliance Coordinator
Tara MacPherson, Coastal Management Representative, DCM
RECEIVED
NOV 0 7 2018
D_ Q� DCM-MHD CITY
North Carolina Department of Environmental Qualtty I Division of Coastal Management
Wilmington Office 1 127 Cardinal Drive Extension I Wilmington North Carolina 28405
910.7%7215

ry`, DCM ENFORCEMENT TRACKING REPORT
Issuer
Field Rep. ❑ Violsion Case No.�
Conlpfiance /A
Permit No.
LPO
. TIIA❑ ('If applicable)
Was activity permittable7 Yes / No
Initial Discovery Date
Violation Desqiption
Corporate Name & Registered agent
Violation Type: Project Type: Authorizations Required: Site Visits Respondent Site Visits Respondent
No Permit 9Private/CommunityAnor
r LAMA r^Present , Present
Rarrnit Condition n Govt/Public D&F I� T , 1 Q
Q. Expired Pern-t [� Conrnarcial eral A i
consistentw/Rules Tier Level: 1 II
Violation Location and SeR r>Pgrriotion
Project Location: County —TNLu r CJv
Street Address%State Road/ Lot #(s)
Subdivision
City P
Phone#( _},. RiverBasin
ClosestMaj. V*. Body
NOV Date J/ If / -f— initial Req. Cone. Date
CNOV Date -It--ll�•�' Date Comp. Observed
Penalty Assessment C/
Sent to Respondent Date b 1
Rcvd. by Dist Mgr. Date
Assessment Extended Yes
Continuing
LattLong
Shorelinel-ength
SAV: Not Sure Yes
Sandbags Not Sure Yes No
PNA; Yes No Adjacent
ORW Yes Adjacent
(At. Hab. , YYeeess, No
Photos /` vJesr No
WaiverRequired es No
In DNA BufferArea Yes o
Specify DNA Buffer if applicable:
Extension Granted
Restoration Letter
Acceptance Data
Yes No
Ilfl.���►1�)lE��
NOV 0 7 2018
DCM-MHD CITY
NOV 0 7 2018
DCM-MHD CITY

Formal' Assessments, Appeals and Reductions
Date Long Form Submitted AssessmentA ppealed: Yes No
Data Fonral CPA Submitted
�. Penalty modified
Final Assessment$ Date
Attorney General's Office for Injunction or Formal Collection
Date sent to AG C1 Respondent not responsive to penalty/NOV 7 injunction to con -plate restoration
Date Collection Letter Sent Date Demand Letter Sent
Violation Activities and Impacts
AEC-9 Affalillarl Wedandslmpactei:6W ff yes, whichtypes:
EW PTA ES PTS
UB
HHF IH UBA WA SA DS CJ SY JR LS TY
PWS: FQ SC SP IF BF 404
Mh.,
Closing
Payrnent Received$ `' Date �Ve Ie V RECIEDIVISID posed
NOV 0 7 ' u"8
DCM-MHD CITY

CAMA VIOLATION #17-08D
Daniel Norris and Mary Russ Property
AGREEMENT TO PAY PROPOSED CIVIL ASSESSMENT
I understand that the staff of the Department of Environmental Quality will propose the assessment of a civil
penalty in the amount of $1129 against me for violation of the Coastal Area Management Act, NCGS 113A-
100 et seg, committed on or near property located at 311 Florida Avenue, New Hanover 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 May 1, 2017 and agree to pay the proposed
civil assessment of $1129.
I o-2(: -lg
DATE
SIGNATURE
E 1 i c V( )r,,Poi'n4 Rd
ADDRESS j j- MpS'4&jd A) C
Z?4Y 3
,L It © 232 060 f
DE
RECEIVED
NOV 0 7 2018
DCM-MHD CITY
RECEIVED
DCM WILM NGTON, NC
North Carolina Department of Environmental Quality I Division of Coastal Management
Wilmington Office 1 127 Cardinal Drive Extension I Wilmington, North Carolina 28405
910.796.7215

ROY COOPER
Governor
MICHAEL S. REGAN
Secretary
BRAXTON C. DAVIS
Director
NORTH CAROLINA
Environmental Quality
October 18, 2018
CERTIFIED MAIL 70110110 0000 9947 0303
RETURN RECEIPT REQUESTED
Daniel Noms 8 Mary Russ
625 Hickory Point Road
Hampstead, NC 28443
RE: CAMA VIOLATION #17-08D
Dear Mr. Norris and Ms. Russ:
This letter is in reference to the Notice of Violation dated May 1, 2018 that Tara MacPherson, representative
for the Division of Coastal Management, issued to you for unauthorized Coastal Wetland Fill, pier piling
installation and failure to obtain a CAMA Minor Permit on property located at 311 Florida Avenue in Carolina
Beach, New Hanover County. The violation involved Coastal Wetlands, Estuarine Waters, Public Trust Area and
Coastal Shorelines, which are Areas of Environmental Concern designated by the Coastal Resources
Commission. Based upon restoration of impacted Coastal Wetland Area and Issuance of CAMA Minor
Development Permit No.18-06 on May 11, 2018 and Issuance of CAMA Major Development Permit No. 76-
18 on July 4, 2018 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 $10,000 plus investigative costs
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 $1129 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 $1129 made payable to the North Carolina Department of Environmental Quality
(NCDEQ); 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 settlement of the penalty.
D_Mp RECEIVED
OCT 2 6 2018
Nash Carolina Department of Environmental Quality I. Division of Coastal Management
Wilmington Office 1 127 Cardinal Drive Extension I Wilmington, North Carolina 28405 D`+fJl-fvl H D CITY
910.796.7215

Daniel Norris & Mary Russ
October 18, 2018
Page Two
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,
Debra Wilson
District Manager
Tm/Dw
Enclosures
cc: Roy Brownlow, Compliance Coordinator, DCM
Tara MacPherson, Coastal Management Representative, DCM
�FQ�1�
North Carolina Department of Environmental Quality I Division of Coastal Management
Wilmington Office 1 127 Cardinal Drive Extension I Wilmington, North Carolina 28405
910.796.7215

CAMA VIOLATION #17.08D
Daniel Norris and Mary Russ Property
AGREEMENT TO PAY PROPOSED CIVIL ASSESSMENT
I understand that the staff of the Department of Environmental Quality will propose the assessment of a civil
penalty in the amount of $1129 against me for violation of the Coastal Area Management Act, NCGS 113A-
100 et seq, committed on or near property located at 311 Florida Avenue, New Hanover 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 May 1, 2017 and agree to pay the proposed
civil assessment of $1129.
DATE SIGNATURE
ADDRESS
TELEPHONE NUMBER
RECEIVED
�D.FQ�
OCT 26 2018
DCM-MHD CITY
North Carolina Department of Environmental Quality I Division of Coastal Management
Wilmington Office 1 127 Cardinal Drive Extension I Wilmington, North Carolina 28405
910.796.7215

1:5
Coastal Management
ENVIRONMENTAL QUALITY
NOTICE OF VIOLATION
May 1,2017
CERTIFIED MAIL 7011 2000 0002 2767 8951
RETURN RECEIPT REQUESTED
Daniel Norris
Mary Russ
625 Hickory Point Road
Hampstead, NC 28443
ROY COOPER
Governor
MICHAEL S. REGAN
Secretary
BRAXTON C. DAVIS
Director
RE: NOTICE OF VIOLATION AND REQUEST TO CEASE UNAUTHORIZED DEVELOPMENT
CAMA VIOLATION # 17-08D
Dear Mr. Norris and Ms. Russ:
This letter confirms that on April 25, 2017, Debra Wilson, District Manager for the Division of Coastal Management
(DCM), and Courtney Spears, Field Representative (DCM) were onsite at your property located at 311 Florida
Avenue adjacent to the Carolina Beach Yacht Basin located in or near Carolina Beach, New Hanover CountyNorth
Carolina. The purpose of the visit was to follow up on the stabilization of unauthorized sand fill placed within 30 ft. of
Normal High Water (NHW) adjacent to the Yacht Basin. This site visit was a follow up site visit to the site visit
conducted by Abby Lorenzo, Planning Technician for the Town of Carolina Beach, on April 24, 2017, This letter also
confirms my March 31, April 7 and April 21, 2017 phone conversations with Mr. Bayley and the following site visits
conducted by DCM staff on March 14, March 21, March 22, March 30, April 6 and April 21 regarding this matter.
Additional site visits were also conducted by Town of Carolina Beach Staff on March 13, March 22, March 23,
March 30 and March 31 regarding this matter. Please note that a formal Stop Work Order (NOV 17.05D) was
issued for 311 Florida Avenue by the Town of Carolina Beach on March 31, 2017.
Information gathered by the Division of Coastal Management indicates that your tenant, Mr. Stuart Bayley, has
undertaken major development in violation of the Coastal Area Management Act (CAMA). No person may undertake
Major Development in a designated Area of Environmental Concern (AEC) without first obtaining a permit from the
North Carolina Department of Environmental Quality. This requirement is imposed by North Carolina General Statute
(N.C.G.S.)113A-118.
I have information that indicates that you, as property owner of 311 Florida Avenue, are legally responsible for work
conducted by your tenant including:
Placement of unauthorized and un-stabilized sand fill that has impacted Coastal Wetlands in an area
measuring approximately 18 ft. in width, by 23 ft. in width to a depth of 2.4 inches (414 sq. ft.). This
area needs to be stabilized immediately.
REce,VED
MAY 0 4 2017
State of North Carolina I Environmental Quality I Coa®eiceme
Wilmington Office 1127 Cardinal Drive Extension I Wilmington, Nort F6A- l"D C,
910 796 7215 TY

Mr. Norris
Ms. Russ
May 1, 2017
Page Two
2. Replacement of 14 pilings on the existing docking facility. A Certification of Exemption from requiring
a CAMA permit was issued on March 31, 2017 by DCM for the replacement of deck boards, covered
platform, and 6 pilings on the docking facility, not to exceed 50% of the structural components. Since
14 pilings have been replaced, the 50% threshold has been exceeded and a permit would have been
required.
3. Failure to obtain a Minor CAMA Permit from the Town of Carolina Beach for placement of upland fill
and construction of a driveway within 75 ft. of NHW and construction of a new 8 ft. wide stairway
within 30 ft. of NHW.
These activities took place in Coastal Wetlands, Estuarine Waters, Public Trust Area and Coastal Shoreline AECs that
are contiguous with the Myrtle Grove Sound. Coastal Wetlands Estuarine Waters, Public Trust Area and Coastal
Shoreline areas are designated as Areas of Environmental Concern (AEC), No CAMA permit was issued for work in
these areas. 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 development and contact me about this matter. A
civil assessment of up to $10,000 plus investigative costs may be assessed against any violator. Each day that the
development described in this Notice is continued or repeated may constitute a separate violation that is subject to an
additional assessment of $10,000. An injunction or criminal penalty may also be sought to enforce any violation in
accordance with N.C.G.S. 11 3A-1 26.
It is the policy of the Coastal Resources Commission to assess a civil penalty plus investigative costs against all
violations. This is done to recoup some of the costs of investigating the violation and/or to compensate the public for
any damage to its natural resources. The amount assessed will depend upon several factors, including the nature and
area of the resources that were affected and the extent of the damage to them.
You are also in violation of the State's Dredge and Fill Law which requires a permit from the North Carolina Department
of Environmental Quality before undertaking any excavating or filling in any estuarine waters, tidelands, marshlands,
or state-owned lakes pursuant to N.C.G.S. 113-229. Therefore, I also request that you immediately CEASE AND
DESIST such unauthorized activity and contact me about this matter as well. 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 the North Carolina Administrative Code, Tile 15A, Subchapter 07H. State Guidelines for Areas of
Environmental Concern, the activity undertaken by Mr. Bayley including replacing 14 pilings at the existing docking
facility and placing sand fill in the Coastal Wetland AEC, is not consistent with Section 07H .0205(d) Use Standards for
Coastal Wetlands, Section 07H .0209(d)(4) which states that Development in Coastal Shoreline Areas shall not have
a significant adverse impact on estuarine and ocean resources, and Section 07J .0201 which states that every person
wishing to undertake major development in an AEC shall obtain a permit from the Department of Environmental Quality
(NCDEQ) . Additionally, upland development including the placement of fill, construction of a driveway and construction
of access stairs measuring 8 ft. in width in the Coastal Shorelines AEC, is not consistent with Section
07H .0209(d)(10)(D) which only allows elevated, slatted, wooden accessways measuring six feet in width or less within
30 ft. of NHW and Section 07J .0201 which states that every person wishing to undertake minor development in an
AEC shall obtain a permit from the Local Permitting Officer.
RECEIVED
MAY 0 4 2017
State of North Carolina I Environmental Quality I Coastal Management Wilmington Office 1 i27 Cardinal Drive Extension I Wilmington, North Carolina 2qK M" M H D 07
. ,,2,
9107%7215

Mr. Norris
Ms. Russ
May 1, 2017
Page Three
Therefore, I am requesting that the area impacted by sand fill be restored to pre -development elevations and
contours, the access stairs be reduced to 6 ft. in width or less (or removed) and a Minor Development Permit
be obtained from the Town of Carolina Beach in response to NOV 17-05D. Please refer to the enclosed
Restoration Agreement.
The enclosed Restoration Plan describes the action necessary to bring this project into compliance with the Act. If you
intend to cooperate with my request, please sign one of the attached Restoration Agreements and return it to me in
the enclosed, self-addressed envelope within ten (10) days of receipt of this letter. Failure to comply with this request
or respond back to this office prior to the requested deadline with an acceptable schedule for compliance will be
interpreted as a refusal to cooperate and will result in a Notice of Continuing Violation, as well as a court injunction
being sought ordering compliance.
The relevant statutes and regulations are available from this office, and I am willing to assist you in complying with the
requirements of these laws. A site inspection will be made in the near future to determine whether this REQUEST TO
CEASE AND DESIST has been complied with. I request that you contact me immediately.
Thank you for your time and cooperation in resolving this important matter. If you have any questions about this or
related matters, please call me at [phone]. Upon completion of the restoration as requested in the Restoration
Plan Agreement to the satisfaction of the Division of Coastal Management, you will be notified as to the amount of the
civil assessment for undertaking development without first obtaining the proper permit(s) and development that is
inconsistent with Coastal Resources Commission rules.
Sincerely,
4Z
Tara MacPherson
Coastal Management Repre 've
Cc: Debra Wilson, District Manager, DCM
Roy Brownlow, Compliance Coordinator, DCM
Tyler Crumbley, USACE
Robb Mairs, DWR
Abby Lorenzo, LPO
ENCLOSURE
RECEIVED
MAY 0 4 2017
DCM- MHD CITE'
State of North Carolina I Environmental Quality I Coastal Management
Wilmington Office 1 127 Cardinal Drive Extension I Wilmington, North Carolina 28405
9107967215

' ' : RESTORATION PLAN
For
Mr. Daniel Norris/ Mary Russ Property
CAMA Violation No.17-08D
Property located at 311 Florida Avenue, New Hanover County
Restore the area impacted by sand fill to pre -development elevations and contours.
(This are needs to be stabilized with proper erosion control immediately to prevent additional
erosion)
2. Reduce the access stairs to 6 ft. in width to or less or remove them entirely. The access stairs may
connect directly to the existing pier. An additional landing cannot be permitted.
3. Obtain a Minor Development Permit from the Town of Carolina Beach in response to NOV 17-05D.
I, Daniel Norris/Mary Russ, agree complete this restoration to the satisfaction of the Division of Coastal
Management (DCM) by June 1, 2017, or provide an explanation for non-compliance and a reasonable
request for time extension. When corrective actions are complete, I will notify the DCM so the work can be
REEeEIVED
MAY 0 4 2017 SIGNATURE:
DCM- MHD CITY DATE:
It is the policy of the Coastal Resources Commission to assess a civil penalty plus investigative costs against all violations. The
amount assessed will depend upon several factors, including the nature and area of the resources that were affected and the
extent of the damage to them. if restoration is not undertaken or satisfactorily completed, a substantially higher civil assessment
will be levied and an injunction sought to require restoration.
State of North Carolina I Environmental Quality I Coastal Management
Wilmington Office 1 127 Cardinal Drive Extension I Wilmington. North Carolina 28405
910 796 7215

ENFORCEMENT TRACKING REPORT
U
Initial Discovery Date
Violation Deswption
RespondentNarre(s)
Address ( D?ACTj
Phone #
Discovery Method
or
4
Issuer ' b
� Violation Case No. 12
FL
Permit No.
❑ (ffapplicable)
City
Fax #/Emil
Was activity perrrittable7 Yes / No
State Zip
Corporate Name & Registered agent
Violation Type: Project Type: Authorizations Required: Site Visits Respondent Site Visits Respondent
Resent Resent
No Fbrmt Rvate/Comnunty Major 6(�JAW
I, `��Permit Condition Govt./Public nor &F j 'l j yam`
Expired Perndt Commercial General E w
consistentw/Rules Tier Level: 1 II III
Violation Location and Sire nPCr.dotion
LafiLong
/��
Project Location: County V ' 11�Shoreline Length
StreetAddress StateRoad/Lot#(s) , SAV: Not sure JYesNo
Sandbags: Not Sure
PNA: Adjacent
SubdivisionCity IP ORW. Adjacent
Crit. Hab.
Phone # ( _}, River Basin Photos �Yes No
Adj.Mr. Body (nat ma VVnlm) WaiverRequired Yes NNNoQ'�/�/,
rArea
_ . „(Spec0 In 1ciifyD VQBufferifapplicable:
Closest Maj. Mr. Body '� V Y
NOV Date ✓
CNOV Date _
Penalty Assessment
Sent to Respondent Date
Rcvd. by Dist Mgr. Date
Initial Req. Comp. Date
Date Comp. Observed
App./Perna
Penalty
AssessmentExtendAEXes I No
ED
MAY 0 4 2017
Continuing
Fee
Extension Granted Yes
Restoration Letter
Acceptance Date
No
7J.0409 Ref.
DCM Assess.
$
EReconmyn.s.
Total

Formal Assessments, Appeals and Reductions
Date Long Form Submitted
AssessmentAppealed: Yes No
Date Formal CPA Submitted Penalty modified
Final Assessment$ Date
Attorney General's Office for Injunction or Formal Collection
Date sentto AG
Respondent not responsive to penalty/Nov Injunction to complete restoration
Date Collection Letter Sent Date Demand Letter Sent
Violation Acti4ties and Impacts
AECsWetlands lrnpact a !No If yes,whichtypes:
CW EW PTA ES PTS
HHF IH UBA N/A SA DS CJ SY JR LS TY
PWS: FC: SC SP IF BF 404
Closing ^�� pW
Payment Received $ MM Date Date Case Closed