05-08A Foster

6�/� V-�
NCDENR
North Carolina Department of Environment and Natural Resources
Division of Coastal Management
Pat McCrory Braxton C. Davis John E. Skvarla, III
Governor Director Secretary
FILE MEMORANDUM
TO: ROY BROWNLOW, COMPLIANCE COORDINATOR
FROM: M. TED TYNDALL, ASST. DIRECTOR
SUBJECT: VIOLATION CASE CLOSURE RECOMMENDATIONS
DATE: 08/01 /2013
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— c)ki1
M. TED TYNDALL. Assistant Director
08/01/2013
Date
400 Commerce Avenue, Morehead City, North Carolina 28557
Phone: [phone] FAX: [phone] Internet: www.nccoastalmanagement.netAn Equal opportunity t
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for a CAMA permit to develop the subject property. Said
application proposed bulkheading, filling Coastal Wetlands,
Section 404 Wetlands, Public Trust Area, and Estuarine Waters,
and constructing a wooden access bridge.
D. A DCM representative met with Mr. Foster on 19 February
2003 and advised him a CAMA Major and Dredge and Fill Permit
would be required for his proposed development on the subject
property and authorization to fill Coastal Wetland with earthen
material was not likely to be approved.
E. Mr. Foster withdrew the aforementioned application on
13 May 2004.
F. Division of Coastal Management (DCM) representatives
met onsite Mr. Foster's property described herein on 07 April
2005 to investigate after noticing that development had occurred
and observed earthen fill material placed along the property
shoreline and within the coastal salt marsh.
G. After inspecting the site on 07 April 2005, DCM staff
determined that Mr. Foster had placed approximately ±9,900 square
feet of earthen fill material in Coastal Wetlands and
approximately ±2,200 square feet of land disturbance within the
Coastal Shoreline for unacceptable land uses without first
obtaining a major development permit as required under N.C.G.S. S
113A-118 of the Coastal Area Management Act (CAMA).
H. "Development" as defined in N.C.G.S. S 113A-103(5)(a)

of CAMA includes "filling."
I. The development on Mr. Foster's property is "major
development" as defined in N.C.G.S. § 113A-118(d) because the
filling would have also required a Section 404 permit from the
U.S. Army Corps of Engineers, a 401 Water Quality Certification
from the Division of Water Quality, and a Dredge and Fill Permit
from DCM. The high ground disturbance could have been permitted
through a minor CAMA development permit.
J. The Coastal Wetlands affected by the development are
populated with Salt Grass (Distichlis spicata), Black Needlerush
(Juncus roemerianus), and Smooth Cordgrass (Spartina
alterniflora). The area is subject to occasional flooding by wind
tides in accordance with 15A NCAC 7H .0205(a).
K. The Coastal Wetlands and Coastal Shoreline affected by
the development are Areas of Environmental Concern (AEC) as
designated by the Coastal Resources Commission (CRC) in Rule 15A
NCAC 7H .0201.
L. Mr. Foster violated N.C.G.S. S 113A-118 by undertaking
major development (filling) in duly designated Areas of
Environmental Concern (Coastal Wetlands and Coastal Shoreline)
without first obtaining a CAMA major development permit and a
dredge and fill permit pursuant to N.C.G.S. §113-229(a).
M. On 15 April 2005, DCM sent Mr. Foster a Notice of
Violation (NOV) and Restoration Plan by certified mail, return
3-

receipt requested. The NOV warned him that the unauthorized
filling activities conducted on the property were in violation of
CAMA and the State's Dredge and Fill Act and restoration of all
affected coastal wetlands are required where inconsistent with
the rules applicable to this project. The NOV also informed him
of the Coastal Resources Commission's policy to assess a civil
penalty for all violations.
N. The violations cited above constitute "development^ as
defined in CAMA in N.C.G.S. 5 113A-103(5)(a) and would have
required a CAMA major permit and a dredge and fill permit.
O. The development could not have been permitted under
CAMA and the rules of the Coastal Resources Commission because it
is inconsistent with the Use Standards for Coastal Wetlands which
prohibit filling coastal wetlands for a non -water dependent use.
15A NCAC 7H .0208(a)(1). The development is also inconsistent
with the use standards for Coastal Shorelines at 15A NCAC 7H
.0209(d),(d)(4), and 15A NCAC 7H .209(d)(10)(g). The development
is also inconsistent with 15A NCAC 7H .0601 which prohibits
development which would result in a contravention or violation of
any rules, regulations, or laws of the State of North Carolina or
of local government in which the development takes place.
P. On 23 September 2005, a DCM representative inspected
the property and determined that Mr. Foster had satisfactorily
completed the restoration required in the 15 April 2005
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% Q��
/ NCDENR
North Carolina Department of Environment and Natural Resources
Division of Coastal Management
Michael F. Easley, Govemor Charles S. Jones, Director William G. Ross Jr., Secretary
30 January 2006
CERTIFIED MAIL
RETURN RECEIPT REQUESTED
Mr. Desmond R. Foster, Jr.
Post Office Box 459
Hatteras, NC 27943
Re: Civil Penalty Assessment for Violations of the Coastal Area Management Act
CM 05-08A, Dare County
Dear Mr. Foster:
Pursuant to N.C.G.S. § 113A-126(d), this letter is notice of a Civil Penalty Assessment against you
by the Director, Division of Coastal Management. The Civil Penalty Assessment document is attached.
Within twenty (20) days from the date of receipt of this letter, you must do one of the following:
(1) Pay the Civil Penalty Assessment; or
(2) Submit a written request for remission or mitigation, which includes a detailed justification for
the request; or
(3) File a written petition for a contested case hearing in the Office of Administrative Hearings
(OAH) appealing the penalty assessment.
Additional information about these options is provided below:
PAYMENT
Payment of the penalty will close the matter immediately and require no further action or expense
on your part. If you choose this option, you should pay the penalty by a check or money order made
payable to the Department of Environment and Natural Resources (or DENR). This check should be sent to
Roy Brownlow, Compliance and Enforcement Coordinator, N.C. Division of Coastal Management, 400
Commerce Avenue, Morehead City, North Carolina 28557. Mr. Brownlow represents DENR in the
resolution of this Civil Penalty.
400 Commerce Avenue, Morehead City, Noah Carolina 28557
Phone: [phone] FAX: [phone] Internet: www.nccoastalmanagement.net
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Mr. Desmond R. Foster, Jr.
30 January 2006
Page 2 of 3
REMISSION
You may request reduction of the penalty due to unusual factual or legal considerations that were
not taken into account in assessing it. A remission request is an admission that you committed the violation.
It forecloses the option of a contested case hearing. A remission request must be accompanied by a waiver
of your right to a contested case hearing and a stipulation that there are no factual or legal issues in
dispute. You must sign and return the attached waiver and stipulation form to this office. You must also
attach a detailed justification showing why one or more of the civil penalty assessment factors in N.C.G.S. §
113A-126(d) and Rule 15A NCAC 7J .0409 were wrongly applied to your detriment.
Unfamiliarity with the law is not a ground for reduction. Neither is voluntary restoration. In order to
present your request properly, you may be required to present your request before the Coastal Resources
Commission. An adverse determination may not be appealed to the courts. If you choose this option, send
your reply to the Division of Coastal Management, 400 Commerce Avenue, Morehead City, North Carolina
28557,
APPEAL
You may request a contested case hearing to challenge the Director's factual findings and legal
conclusions regarding the assessment. If you file a contested case petition, it must be in writing and in the
form prescribed by N.C.G.S. § 1506-23. File the original petition and one copy with the Office of
Administrative Hearings (OAH), 6714 Mail Service Center, Raleigh, North Carolina 27699-6714. Any
questions about filing a petition may be directed to the Clerk of OAH by telephoning [phone]. You
must serve DENR by mailing a copy of the petition to:
Mary Penny Thompson
General Counsel
DENR
1601 Mail Service Center
Raleigh, North Carolina 27699-1601
You must also serve the Division of Coastal Management by mailing a copy of the petition to:
Charles S. Jones, Director
Division of Coastal Management
400 Commerce Avenue
Morehead City, North Carolina 28557
400 Commerce Avenue, Morehead City, North Carolina 28557
Phone: [phone] FAX: [phone] Internet: www.nccoastalmanagement.net
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Mr. Desmond R, Foster, Jr.
30 January 2006
Page 3 of 3
Your attention to this important matter is appreciated.
Sincerely,
Charles S. Jones
Director, DCM
Attachments: Assessment Document
Waiver of Right to Hearing and Request for Reduction
Cc: Ted Tyndall, Assistant Director, DCM
Ted Sampson, District Manager, DCM
Roy Brownlow, Compliance Coordinator, DCM
Frank Jennings, Coastal Management Representative, DCM
400 Commerce Avenue, Morehead City, North Carolina 28557
Phone: [phone] FAX: [phone] Internet: www.nccoastalmanagement.net
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a
STATE OF NORTH CAROLINA ) NORTH CAROLINA COASTAL
COUNTY OF DARE ) RESOURCES COMMISSION
CM 05-08A
IN THE MATTER OF: ) REQUEST FOR REMISSION OF CIVIL
MR. DESMOND R. FOSTER, JR. ) PENALTIES; WAIVER OF RIGHT TO
FOR VIOLATIONS OF THE COASTAL AREA ) ADMINISTRATIVE HEARING; AND
MANAGEMENT ACT, N.C. GENERAL ) STIPULATION OF FACTS
STATUTE § 113A-100 et seq. )
Having been assessed a civil penalty in the amount of TWO
THOUSAND FIVE HUNDRED DOLLARS ($2,500.00) for violation of the
Coastal Area Management Act, which violation is set forth in the
Director's Civil Penalty Assessment dated 05 December 2005, I
hereby request reduction of the civil penalty.
In order that this request for reduction may be considered, I
hereby waive my right to an administrative hearing. I stipulate
that the facts are alleged in the assessment document and that
there are no factual or legal issues in dispute, other than the
reasonableness of the amount of the assessment. I further
understand that a request for remission is an acknowledgement of
civil liability as set forth in the Director's Civil Penalty
Assessment and that there is no appeal to the Superior Court of the
decision on a request for remission.
This the day of 2006.
NAME
ADDRESS
TELEPHONE
Signature)
Attach a written statementiustifying your remission request.
Ijyou are represented by an attorney, provide his or her name, address, and telephone member:

ti
STATE OF NORTH CAROLINA
COUNTY OF DARE
IN THE MATTER OF:
MR. DESMOND R. FOSTER, JR
FOR VIOLATIONS OF THE COASTAL
AREA MANAGEMENT ACT, N.C.
GENERAL STATUTE § 113A-100 et
seq.
NORTH CAROLINA COASTAL
RESOURCES COMMISSION
CM 05-08A
CIVIL PENALTY ASSESSMENT
Pursuant to the Coastal Area Management Act (CAMA), North
Carolina General Statutes (N.C.G.S.) § 113A-126(d), and the
authority vested in me by the Coastal Resources Commission (CRC)
pursuant to Rule 15A North Carolina Administrative Code (NCAC) 7J
.0409(e), I, Charles S. Jones, Director, Division of Coastal
Management (DCM), North Carolina Department of Environment and
Natural Resources (DENR), find that Mr. Desmond R. Foster, Jr. is
a person subject to the permit requirements in CAMA, responsible
for the following violations, and liable for the following civil
penalty assessment:
I. VIOLATIONS COMMITTED
A. Desmond R. Foster, Jr. is a citizen and resident of
Dare County, North Carolina and is without any legal disability.
B. The subject property is owned by Mr. Foster and is
identified in deed book 891, page 252, adjacent to Slash Creek
Condominiums, located off NC 12, in or near Hatteras Village,
Dare County, North Carolina.
C. Mr. Foster submitted an application on 21 November 2002
- 1 -

for a CAMA permit to develop the subject property. Said
application proposed bulkheading, filling Coastal Wetlands,
Section 404 Wetlands, Public Trust Area, and Estuarine Waters,
and constructing a wooden access bridge.
D. A DCM representative met with Mr. Foster on 19 February
2003 and advised him a CAMA Major Permit would be required for
his proposed development on the subject property and
authorization to fill Coastal wetland with earthen material was
not likely to be approved.
E. Mr. Foster withdrew the aforementioned application on
13 May 2004.
F. Division of Coastal Management (DCM) representatives
met onsite Mr. Foster's property described herein on 07 April
2005 to investigate after noticing that development had occurred
and observed earthen fill material placed along the property
shoreline and within the coastal salt marsh.
G. After inspecting the site on 07 April 2005, DCM
determined that Mr. Foster had placed approximately ±9,900 square
feet of earthen fill material in Coastal Wetlands and
approximately ±2,200 square feet of land disturbance within the
Coastal Shoreline for unacceptable land uses without first
obtaining a major development permit as required under N.C.G.S. §
113A-118 of the Coastal Area Management Act (CAMA).
H. "Development" as defined in N.C.G.S. § 113A-103(5)(a)
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of CAMA includes "filling."
I. The development on Mr. Foster's property is "major
development" as defined in N.C.G.S. § 113A-118(d) because the
filling would have also required a Section 404 permit from the
U.S. Army Corps of Engineers, a 401 Water Quality Certification
from the Division of Water Quality, and a Dredge and Fill Permit
from DCM. The high ground disturbance could have been permitted
through a minor CAMA development permit.
J. The Coastal Wetlands affected by the development are
populated with Salt Grass (Distichlis spicata), Black Needlerush
(Juncus roemerianus), and Smooth Cordgrass (Spartina
alterniflora). The area is subject to occasional flooding by wind
tides in accordance with 15A NCAC 7H .0205(a).
K. The Coastal Wetlands and Coastal Shoreline affected by
the development are Areas of Environmental Concern (AEC) as
designated by the Coastal Resources Commission (CRC) in Rule 15A
NCAC 7H .0201.
L. Mr. Foster violated N.C.G.S. § 113A-118 by undertaking
major development (filling) in duly designated Areas of
Environmental Concern (Coastal Wetlands and Coastal Shoreline)
without first obtaining a CAMA major development permit.
M. On 15 April 2005, DCM sent Mr. Foster a Notice of
Violation (NOV) and Restoration Plan by certified mail, return
receipt requested. The NOV warned him that the unauthorized
-3-

I
filling activities conducted on the property were in violation of
CAMA and the State's Dredge and Fill Act and restoration of all
affected coastal wetlands are required where inconsistent with
the rules applicable to this project. The NOV also informed him
of the Coastal Resources Commission's policy to assess a civil
penalty for all violations.
N. The violations cited above constitute "development" as
defined in CAMA in N.C.G.S. § 113A-103(5)(a) and would have
required a CAMA major permit.
0. The development could not have been permitted under
CAMA and the rules of the Coastal Resources Commission because it
is inconsistent with the Use Standards for Coastal Wetlands which
prohibit filling coastal wetlands for a non -water dependent use.
15A NCAC 7H .0208(a)(1). The development is also inconsistent
with the use standards for Coastal Shorelines at 15A NCAC 7H
.0209(d),(d)(4), and 15A NCAC 7H .209(d)(10)(g). The development
is also inconsistent with 15A NCAC 7H .0601 which prohibits
development which would result in a contravention or violation of
any rules, regulations, or laws of the State of North Carolina or
of local government in which the development takes place.
P. On 23 September 2005, a DCM representative inspected
the property and determined that Mr. Foster had satisfactorily
completed the restoration required in the 15 April 2005
Restoration Plan.
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Q. The violation that is the subject of this assessment is
willful and intentional, according to 15A NCAC
7J.0409(f)(4)(E)(iii), which provides that violations are
considered willful and intentional when the violator received
clear and direct instructions from one of the Commission's
delegates that a permit would be required for the development and
violator subsequently undertook development without a permit.
II. CIVIL PENALTY ASSESSMENT
A. I hereby assess the following civil penalty against Mr.
Desmond R. Foster, Jr. for violating CAMA. In determining the
amount of this penalty, I have considered the degree and extent
of the harm and cost of rectifying the damage as required under
CAMA in N.C.G.S. § 113A-126(d) and the factors set forth in the
CRC's rules in 15A NCAC 7J .0409.
B. The penalty is assessed in accordance with 15A NCAC 7J
.0409(f)(4)(B)(iii) which provides a minimum penalty for
development which involves wetlands alteration or other damage
which causes permanent or irreversible adverse impacts on coastal
resources, and with 15A NCAC 7J.0409(f)(4)(E)(i) which addresses
penalties for willful and intentional violations. Application of
these rules require a minimum base penalty of $1,400.00. Rule
15A NCAC 7J.0409(f)(4)(E) provides that the penalty assessed
under Subparagraphs 7J .0409(f)(4)(B) of this Rule shall be
doubled for willful and intentional violations except the doubled
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penalty shall not exceed $2,500.00
C. The penalties I have assessed against Mr. Foster total
$2,500.00.
D. I hereby direct that this Civil Penalty Assessment be
served on Mr. Foster as provided in N.C.G.S. § 113A-126(d)(3).
Date
Charles S. Jones, Director
Division of Coastal Management

DCM ENFORCEMENT REQUE ED �I'V
(USE WHEN INJUNCTION OR FORMAL ASSESSMENT ��CC II IIVVII 11
CAMA CASE #05.08A JAt! 1- 3 2006
Type of action requested: FORMAL ASSESSMENT Morehead City DCM
1. Consultant or LPO & Locality: Frank A. Jennings, III, Field Representative, Elizabeth City
2. Violator's Name: Desmond R. Foster, Jr.
Mailing Address: P.O. Box 459, Hatteras, NC 27943
Home Phone: [phone]
3. Project Location (County, State Road, Waterbody, etc.): Dare County, NC 12, Hatteras Village,
Across from the Hatterasman Drive in Slash Creek. R Attachment — EXHIBIT A - Note:
Description is of the site prior to the violation
The property is identified as Lot 3 of the Foster Subdivision. The lot size is described as 4.9
acres, which includes the bottom area of a man-made basin on the south side, access of Slash
Creek, and a portion of a marsh island. Approximately 30,722.11 square feet consist of two spoil
berms that are located adjacent to the man-made basin on the south side and are considered
uplands. These are the only uplands on the site except for a small area adjacent to NC 12 and is
the road shoulder. The remainder of the property, 192,286.62 square feet, is delineated as
wetlands and is mostly salt marsh. Small areas of non -coastal wetlands exist and are delineated
404 wetlands. The property is contiguous with Slash Creek that connects to Pamlico Sound.
Exhibit: Dennis Hawthorn Field Report.
Owner's Name, Address, Phone # [if different]: Same
5. Attach Copy of Deed. �R Attachment — EXHIBIT B
6. Type of Violation: MAJOR
Program: CAMA, D&F
If CAMA Major, list other required permits, etc. If Permit Condition, give Permit # and attach
copy.
No permit could have been issued for the wetland fill. The upland grading that occurred could have
been authorized via a minor permit. Authorization from USACOE and NCDWQ would be required
for this activity.
Describe nature of development under G.S. 113-A-103(5) or of unauthorized activity under permit:
Mr. Foster filled 9,900 square feet of Coastal Wetland salt marsh with sandy fill material. A silt
fence had been installed and was functioning as a retaining wall to keep the fill material from
eroding into the remaining wetlands. Foster had added approximately 2 feet of fill material. The
area that was filled and the area immediately adjacent to the fill site is vegetated with Sparfina
alterniflora, Juncus roemerianus, and Distichlis. Foster's purpose was to create three waterfront
lots. The issues he was trying to overcome included minimum lot size, septic setbacks and
building setbacks. He filled to connect both spoil berms and constructed a bulkhead along the
canal. A wing wall extended across the marsh along the Slash Creek shoreline. It was determined
that an average of 15 feet of fill was placed in the marsh along 380 feet of the north spoil berm and
that a 30'x140' area adjacent to the Dixon property had been filled to provide access to the site

through the Dixon property. It appeared that several loads of fill had been brought to the site.
Foster disclosed that he did the fill work and grading work. He stated that he brought in over 100
loads of fill (05/04/05). He did state that the Hooper Brothers were involved with construction of the
bulkhead and that they had met on site with Dennis Hawthorn. All work was in the Coastal
Wetland AEC and/or the Estuarine Shoreline AEC.
8. Area(s) of Environmental Concern Involved:
(A) 1. Coastal Wetlands
2. Estuarine Shoreline
Sq. Ft.: 9,900 sq. ft. total
(B) Coastal Wetlands:
1. Spartina alterniflora
2. Distichlis spicata
3. Juncus roemerianus
NOTE: area floods on most north winds
Wind or Lunar Tides: Wind Flooded: Occasionally
(C) Estuarine Waters: [sq. ft.]
Excavated Filled Restored Other
Primary Nursery Area? NO
(D) Public Trust Area: [sq. ft.]
Excavated Filled Restored Other
Primary Nursery Area? NO
(E) Estuarine Shoreline [sq. ft.]
Excavated Filled Restored Other 2,200
Gradedlleveled/seeded
(F) Coastal Wetlands/Marsh [sq. ft.]
Excavated Filled 9,900 Restored 9,900 Other
(G) Ocean Hazard:
Sq. Ft. Impacted:
9. Details of how DCM first learned of violation:
On 04/07/05, Raleigh Bland, Representative of the USACOE, John Cece, Field Representative of
DCM, and I met on site to investigate after noticing work had been done. A bulkhead permit had
been issued (Exhibit C), and the bulkhead had been constructed. The absence of two existing
spoil berms was noticeable from NC 12. Once on site, it appeared that wetlands had been filled
and the upland area was larger. I had met on site with Foster on 07/15/98 and again on 06/04/99
to discuss a development proposal for this property. Although the development proposal was
dissimilar to the violation, there was discussion about AECs, permitting and permitting
requirements. Charles Jones, then Assistant Director for DCM, attended the 07/15198 meeting
(Exhibit D). Part of the development proposal involved the construction of a bulkhead. I was
familiar with the site.
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10. Details of first DCM inspection: See item #9. The first inspection occurred upon first leaming of
the violation: Bulkhead had been constructed; old spoil piles had been leveled and fill material had
been placed onsite and leveled. Fill placed in the marsh.
11. Attach copy of Notice of Violation and Postal Receipt Card or Sheriffs Return. [Same if a
Continuing Notice of Violation.] ® Attachment —EXHIBIT E
12. Restoration Required? YES
[If Yes, attach copy of Restoration Request and give restoration deadline if different from one in
Request and explain.] ® Attachment — EXHIBIT F
13. Date DCM determined restoration was complete and accepted: 09123/05 - 0 Attachment —
EXHIBIT G — Note: The unauthorized fill material was in place prior to 04/07/05 and remained in
place until 09/20/05, and during those +166 days the area that was filled was not available for use
as a salt marsh. Those juvenile fish and shellfish that could not use the fill area were permanently
impacted. The restoration involved removal of unauthorized fill material. Vegetation that was
destroyed by the unauthorized placement of fill material is permanently gone. The area will
eventually regenerate vegetative growth; however, that growth will be impacted for many years.
14. Would the project have been allowed had a Permit been applied for? NO
[If NO, cite the provisions in the CAMA, Dredge and Fill Law, CRC's Rules, Local Land Use Plan,
etc., which would have been violated].
07H.0205(d); 071­1.0208(a)(24( ); 07H.0209(d)(4) CAMA; NCGS 113-229 (K), (L) D&F; Page 53 &
54, 2003 Dare County LUP X Attachment— EXHIBIT H
15. Recommended penalty amount?
$2,500
Cite the specific Rule of the CRC in 7J.0409 and explain why the penalty should be assessed
under it. [If the violation was willful and intentional or continuing, describe the base penalty here
and then any increased or additional penalty below.]
Permit fee = $ 400
Penalty 4Biii = $1,000 __> Area will never fully recover.
Willful/intent 4Ei = 1400 Foster had been advised of need for permit.
$2,800 -> $2,500 maximum allowed under4E.
16. If the violator was a contractor, attach copies of the previous Notices of Violation showing
development in the same AECs and payment of any penalties.
[See 710409(f)(4)(G) and explain what the daily amount should be based on the CRC's rules.]
N/A
17. If the violation was willful, describe why, pursuant to 7J.0409(f)(4)(E) or (5)(E), and attach any
supporting documents.
Violator had been advised by me on July 15, 1998 and June 4, 1999 that a Major Permit would be
required for fill of Coastal Wetlands and that Coastal Wetland fill authorization was unlikely.
Violator later submitted a major permit application for a bulkhead with fill in wetlands on 11/21/02;
application was withdrawn on 05113/04.
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18. If daily penalties are recommended, give the dates on which they should begin and end under
7J.0409(f)(4)(G) and explain what the daily amount should be based on the CRC's rules.
NIA
19. Are there any reasons for increasing or decreasing the penalties or for remitting them under the
CRC's rules? No.
20. Provide any other information or attach any other documents which will help the Attorney General's
office or the Director to understand the violation. ® Attachment — EXHIBIT I — aerial photo of
site prior to violation: EXHIBIT J — Dare County GIS map.
NOTE: If this form is not appropriate for a particular violation, write a narrative Enforcement Request, or,
supplement this form as necessary. J�C Attachment — EXHIBIT K — Chronology of events.
NOTE: All Enforcement Requests should be sent to the Attorney General's Office within six (6) months of
when the violation was discovered if no restoration was required, or, when the restoration was
completed. If an injunction was requested, supplement the Injunction Request within six (6)
months of the date the restoration was complete.
SUBMITTED BY: Frank A. Jennings, III
TITLE: Field Representative
DATE: 01/10/06
DATE REVIEWED BY DISTRICT MANAGER:
DATE ASSISTANT DIRECTOR REVIEWED:
lZr
�C74
-
-4-

EXHIBIT LIST
A. Field Investigation Report for Desmond Foster project. Site description by
Dennis Hawthorn.
B. Deed for Property.
C. CAMA General Permit 37329A to Foster for Bulkhead, issued 05/14/05.
D. March 15, 1999 letter to Foster from Charles Jones,
E. April 15, 2005 NOV letter to Foster from Frank Jennings.
F. May 5, 2005 NOV with Restoration letter to Foster from Frank Jennings.
G. September 23, 2005 Restoration acceptance letter to Foster from Frank
Jennings.
H. 2003 Dare County Land Use Plan, pages 53-54 — "wetlands".
I. June 19, 1998 Aerial Photography of Site — Frank Jennings.
J. Dare County GIS Map of Property
K. Chronology of Events.

EXHIBIT A

DIVISION OF COASTAL MANAGEMENT
FIELD INVESTIGATION REPORT
1. APPLICANT'S NAME: Desmond R. Foster, Jr.
2. LOCATION OF PROJECT SITE: NC 12, Hatteras Village, near the roadway intersection of NC 12
and Eagle Pass Rd., directly southeast of Slash Creek, tributary to the Pamlico Sound
Photo Index - 2000: 171-2010, P-9, P-10, P-11, & P-12; 1995:172-1757, G-13, G-14, G-15, & G-16;
State Plane Coordinates - X: 2990000; Y: 551000; Hatteras, NC topo;
Digital Data Base, Index Nos.4750 - 4761; GPS C043017A
3. INVESTIGATION TYPE: CAMA / D & F
4. INVESTIGATIVE PROCEDURE: Dates of Site Visit - 02/21/2003; 04/04/2003
Was Applicant Present - no; yes
5. PROCESSING PROCEDURE: Application Received - 04/25/2003
Office - Elizabeth City
6. SITE DESCRIPTION:
(A) Local Land Use Plan - Dare County Land -Use Plan
Land Classification From LUP - Conservation
(B) AEC(s) Involved: PTA, EW, ES, CW
(C) Water Dependent: yes
(D) Intended Use: Private
(E) Wastewater Treatment: Existing - none
Planned - individual septic tank or other
(F) Type of Structures: Existing: none; Planned - bulkhead
(G) Estimated Annual Rate of Erosion: NA
Source - NA
7. HABITAT DESCRIPTION: [AREA]
nREDGED FILLED SHADING
(A) Coastal Wetlands
370 sf / 0.008 A
6,290 sf/0.144 A
(B) US ACE Jurisdictional Wetlands
1,000 sf / 0.022 A
(C) Estuarine & Public Trust Water
1,500 sf / 0.034 A
(D) Total Area Disturbed: 2,870 sf / (0.065 A)
(E) Primary Nursery Area: No
(F) Water Classification: SA/Closed
8. PROJECT SUMMARY: This project is located adjacent to an existing shallow water basin in the
Village of Hatteras, and involves shoreline stabilization, as well as stabilization of an existing upland
area adjacent to coastal marsh. The project also involves the construction of an elevated, 12-foot wide,
pile supported wooden driveway to provide a vehicular access from NC 12 to the high ground portion
of the property.

Desmond R. Foster, Hatteras Village, Dare County
FIELD INVESTIGATION REPORT
Page 2
Project Setting
The application site is located along NC 12 in the Village of Hatteras near the roadway
intersection of NC 12 and Eagle Pass Rd., directly southeast of Slash Creek, tributary to the
Pamlico Sound. According to the North Carolina General Warranty Deed provided with this
permit application, this parcel is presently owned by Desmond R. Foster, and his wife; Faye
B. Foster, Post Office Box 459, Hatteras, North Carolina, and the warranty deed was recorded
by Dare County Register of Deeds for a transaction that occurred on December 31, 1992.
This site is a vacant 4.89-acre tract with no improvements. The property extends from NC 12
northeast, approximately 1,000-ft to the Slash Creek. The Foster tract property includes
uplands, wetlands, and according to the application platwork, a significant portion of most of
an adjacent basin, or man-made canal area. Adjacent properties to the Foster tract are owned
by The Slash, LLC, Richard Anderson Midgett, Andrea Robinson and Aloma Freeman, and
William and Charlotte Rooney, Jr. The Rooney's and The Slash, LLC are the adjacent
riparian property owners to the Foster tract site.
The Foster tract consists of two adjacent, high ground hummocks surrounded by wetland
marsh and waters that connect to the Slash Creek. These high ground areas range between 2
and 10-ft above the NHWL of Slash Creek. Approximately one -fifth of the applicant's
property can be considered high ground, or upland. These hummocks may have been partially
created from long ago excavation that created the adjacent basins and neighboring high ground
site. The exposed soils of these high ground areas are lacking in any significant organic layers,
and are predominately fine marine sands, shell, and disturbed soils, most likely Osier and
Psamments series soils. The adjacent high ground site, located directly across the canal,
adjacent to this upland area, is under the ownership of The Slash, LLC. The Foster property
has approximately 650-If of shoreline that is situated along a man-made canal and basin, and
the waters of the Slash Creek. Significant portions (about 50 %) of this and the adjacent basin
are bulkheaded along The Slash, LLC property. These bulkhead structures were previously
authorized by CAMA Major Permit No. 117-95, under the permittee name of Desmond R.
Foster, Jr. who previously owned this property.
The upland portion of the Foster property is vegetated with predominately yaupon holly, live oak,
wax myrtle, greenbrier, and other upland grasses and shrubs. Vegetated wetlands surround the
high ground areas. The adjacent wetland areas consist of three different type of marsh areas.
Although all three include coastal wetland marsh, they each differ, either because of slight
elevation, and/or plant species densities and types. The marsh area between NC 12 and the high
ground hummocks consists predominately of Spartina patens and Distichlis spicata, with Spartina
alterniflora. becoming more frequent as the marsh area extends to the northeast toward the adjacent
waters. The area directly adjacent to the end of the basin is vegetated solely with Sp. alterniflora.

Desmond R. Foster, Hatteras Village, Dare County
FIELD INVESTIGATION REPORT
Page 3
The wetland area adjacent to the high ground hummocks and the man-made basin is vegetated with
a mixture of Spartina alterniflora, Juncus roemerianus, Spartina patens, Distichlis spicata, Myrica
cerifera, Borrichia frutescens, Magnolia virginianna, Juniperus virginianna, Salix spp., Iva
frutescens, and Baccharis halimifolia. The land elevation along the shoreline in most of this area is
about 2-ft above the NHWL. This wetland fringe area ranges between 2 and 25-ft in width.
Spartina alterniflora is present along three portions of this fringe, located at the end of the basin,
near the mid -point of the basin shoreline alignment, and at the confluence of the basin and Slash
Creek entrance area. In this vicinity, the Sp. alterniflora fringe is 25-ft wide along portions of this
wetland area.
The wetland marsh area on the north side of the high ground hummock area extends southwest
from the Slash Creek shoreline toward NC 12 where it merges with the first described wetland
area. This marsh area is thick and healthy and is vegetated in almost entirely Sp. alterniflora with
some Juncus roemerianus, Distichlis spicata, and Spartina patens.
The canal water depths range between a few inches and 3.5-ft, at the NHWL. According to the
submitted platwork, the Foster tract includes a property line that transects this canal from
southeast to northwest, and this property line runs approximately 8 to 10-ft parallel, and off of the
opposite shoreline. This canal appears to have been excavated, from wetlands, and according to
aerial photography, has been in existence at least since 1978. This canal / basin connects to the
Slash Creek by way of a narrow entrance canal near the northeastern -most portion of the Foster
tract. The Slash Creek flows through Hatteras Village, as it meanders from the canal that enters
into the Teach's Lair Marina basin, then underneath NC 12, then through a mostly marsh area
between Eagle Pass Road and NC 12, where it eventually crosses beneath NC 12, near the
applicant's property, and flows northeast where it again connects to the Pamlico Sound. The Slash
Creek is one of Hatteras Village's best-known, and most controversial waterways. In recent
years, this waterway has been central to development and conservation issues between locals,
newer residents, fishermen and big developers.
The canal bottom consists predominately of fine sand, with more organic -muck material located at
the most landward end of the canal, as well as along the shoreline near the narrow entrance canal
near the northeastern -most portion of the tract. Portions of the canal shoreline have experienced
erosion. In these areas, an erosion escarpment exists along a significant portion of the canal
shoreline. In some areas, the escarpment has undercut the wetland fringe as much as one foot.
Along some of these areas, Sp. alterniflora has established itself along the eroded spoils that have
deposited waterward of the escarpment. During the application site visit, there were some visible
areas of submerged aquatic vegetation located primarily near the end of the canal. However, no
shellfish were observed along the canal water bottom. Juvenile finfish and some crustaceans were
observed within the waters and wetlands along the shoreline.

Desmond R. Foster, Hatteras Village, Dare County
FIELD INVESTIGATION REPORT
Page 4
The waters of this canal carry the same water classification as the Pamlico Sound. The North
Carolina Environmental Management Commission has designated these waters as 'SA' waters
(suitable for shellfish propagation and harvesting); however, the waters in this vicinity are closed
to the commercial harvest of shellfish. The North Carolina Marine Fisheries and Wildlife
Resources Commissions classify the waters of the Pamlico Sound as Coastal Waters.
The Coastal Resources Commission (CRC) has also designated these waters as Estuarine Waters
and Public Trust Areas of Environmental Concern (AEC). Also under the designation of the
CRC, an Estuarine Shoreline AEC extends in a contour of 75-ft landward of the NWL/NHWL.
Coastal wetland vegetated areas, like the one described above, have also been designated as a
Coastal Wetland AEC by the CRC.
Project Description
This proposal involves the construction of approximately 1,100-1f of retaining a wall/bulkhead
structure. The project, in general, proposes to encircle, and to stabilize the above described high
ground area with a bulkhead and retaining wall structure. The bulkhead portion of the structure
will be used to stabilize the shoreline areas where erosion and the loss of property have occurred.
The retaining wall structure will be utilized to stabilize the existing upland areas that are adjacent
to significant coastal marsh areas, and to also connect the bulkhead portion of the structure while
the structure alignment avoids these significant portions of the coastal wetland resources located
near the alignment. The proposed alignment will avoid the filling of the existing Sp. alterniflora
wetland fringe areas along the canal shoreline.
The project includes approximately 280-1f of bulkhead with an average waterward alignment of 7-
ft at the NHWL, and a maximum waterward alignment of 10-ft, at the NHWL. The proposed
bulkhead alignment will commence near the southwest end of the canal, and will extend to, or
slightly (1-ft) beyond the NHWL. The alignment will extend northeast 100-1f, and then curve
landward in order to avoid a significant portion of the existing coastal wetland fringe. The
proposed alignment will circle these wetlands, reverting to a retaining wall, and then continue
northeast back to the shoreline. The alignment will then extend waterward an average of 7-ft, and
continue along the shoreline approximately 180-1f. The alignment will then turn northwest, and
landward, in order to avoid additional coastal wetland resources. The remainder of the structure
alignment will continue around the upland portion of the site, southwest, then southeast, then
northeast to connect to the bulkhead portion of the structure along the canal shoreline.

Desmond R. Foster, Hatteras Village, Dare County
FIELD INVESTIGATION REPORT
Page 5
This project also involves the construction of an elevated, 12-foot wide, pile supported, wooden
driveway to provide a vehicular access from NC 12 to the high ground portion of the property.
The structure will extend from the high ground adjacent to NC 12, and continue northeast,
approximately 524-1f toward the upland hummock area. The structure will extend to the retaining
wall area that will be constructed along the southwest end of the high ground, hummock area.
The structure will be elevated 3-ft above the surrounding wetland substrate, and will be built from
treated lumber.
Anticipated Impacts
This project does not propose any non -water dependent use development, and will not interfere
with any adjacent riparian public trust access. The bulkhead alignment will result in the filling of
approximately 1,500-sf of Estuarine Waters and Public Trust Area. The bulkhead alignment will
also result in the loss of approximately 370-sf of coastal wetlands, along with an additional 1,000-
sf of US Army Corps of Engineers (US ACE) jurisdictional wetlands. The project will also result
in approximately 0.4-acres of upland land disturbance associated with the retaining wall/bulkhead
structure tieback and backfill area.
The proposed elevated driveway is actually a bridge across the existing coastal wetland marsh that
separates the high ground portion of the applicant's property from access to , and by NC 12. This
structure will result in the shading of approximately 6,300-sf of coastal wetland marsh. The
structure will be elevated at least three feet above the wetland marsh substrate (ground), and will
avoid the filling of wetland resources. The structure will provide vehicular access to the
applicant's upland portion of his property.
Although this project will result in the filling of 1,500-sf of Public Trust Area, the water depths in
these proposed fill areas are one foot, or less in depth, and provide minimal public trust use. This
project's primary impacts will result from the loss of shallow water habitat. In the past, the
applicant has had other proposals to fill waters and marsh areas associated with developing this
property. The current proposal represents a significant coastal resource loss reduction compared to
earlier proposals.
An inspection of mapping data on cultural resources revealed that archaeological or cultural
resource findings in the vicinity of this project have been recorded on the available maps. It
is important to note that Hatteras Island has a rich heritage in cultural resources, and these
maps have not been updated in at least 10 years. The Hatteras Island vicinity has had an
increased rate of development in recent years, and the potential of cultural artifact discovery
may be elevated when considering the current building boom that is occurring on Hatteras
Island.
Submitted by: Dennis W. Hawthorn Date: May 6, 2003

EXHIBIT B
If

,
al STATE OF CNI,
R?ill Estate
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P.B.19717 —
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Excise Tax
BK891Pe0252 1
FI -7D
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Recording Time, Book and Page
Tex Lot Nq.,....,.I........... .y;........... ',. .... ..... Parcel Identifier No.
Verified by .uijt�....:......r•••1.. �.-...l.n.�...,1..�-..— •.,-:.•.:... County on the .day of
. t
by............................:........._.:.............. .
:.:.;..> ool .::............ .......................
.. ..........................1 19............
'lwiford, Morrison, O'Neal 6 Vincent, P.O. Box 99, Elizabeth City,
Mail after recording to................................................................. .... ............ ...............,.
. North,Cacolina 27907-0099
This Instrument was prepared by ........Edward A. O'Neal
.. ......... .. .. ........ . ..................
Brief description for the Index
NORTH CAROLINA GENERAL WARRANTY DEED
THIS DEED made this 31st,,..... day of ............... December .... Ig .92., , by and between
GRANTOR
LUCY C. BALLANCE, Widow and
BIOUS WINGATE WILLIAMSON and wife,
BARBARA DECOVER WILLIAMSON
GRANTEE
DESMOND R. FOSTER,,JR., and wife,
FAYE B. FOSTER
P. 0. Box 459
Ilatteras, NC 27943
Enter In apptogrlate block for each porky; name, address, and, It Ypproprlate, ehaneler of entity. e.q• corporation or partnership.
The designation Grantor and Grantee as used herein shall Include said parties, their heirs, successors, and assigns, and
shall Include singular, plural, masculine, feminine or neuter Re required by context.
WITNESSETH, that the Grantor, for a valuable consideration paid by the Grantee, the receipt of which is hereby
acknowledged, has and by these presents does grant, bargain, sell and convey unto the Grantee In fee simple, all that
certain lot or parcel of land situated in the Oitjoot Village of Ilatteras.... , .. flatteras ....... Township,
.......... PAT? ................................ County, North Carolina and more particularly described Re follows:
BEGINNING at a point located on the Eastern right—of—way of N.C.
12, said point being located North 31 deg. 01 min. 47 sec. West a
distance of 124.55 feet from a survey monument "A 193"; running
thence along the Eastern right-of-way of N.C. 12 North 31 deg. 09
min. 44 sec. West 131.25 feet to a point, cornering; running thence
North 45 deg. 50 min. 23 sec. East 1,251.32 feet to a point,
cornering; running thence South 04 deg. 28 min. 00 sec., West 444
feet to a point; running thence South 55 deg. 45 min. West 962 feet
to tha POINT AIR] PY.ACP. r,N r.c•^..TPIv'.*ar_ .,�i.,.+ .,., ,-<...., ....,..

"•K891rG0253
a
The property herelnabove described was acquired by Grantor by Instrument recorded In
Joe
s41.39.9.h... 15.0,. Rage„ 02, Dare County ... e4b11c.Registry........ ...
A map showing the above described property In recorded It) Plat Book .. .. .... page
TO HAVE AND TO HOLD the aforesaid lot or parcel of Imld and nil privileges and appurtenances thereto belonging to
the Grantee in fee simple.
And the Grantor covenants with the Grantee, that Grantor is seized of the premises in fee simple, has the right to convey
the same In fee simple, that title Is marketable and free and clear of all encumbrances, and lint Grantor will warrant
and defend the title against the lawful claims of all persons whomsoever except for the exceptions hereinafter elated.
Title to the property herelnabove described Is subject to the following exceptions:
Easements, Restrictions and Rights -of -Nay of record.
Any portion of above property located below the navigable waters adjoining
property.
Encroachment shown on the above referenced survey.
IN WITNESS wimp6or, the nvanlor he, heryunle red hN hand and viol, or 11 lotpor,eq Nr laueld Ihb Instrument to be el`ned In Its
wm rpwalo name by Its duly oulholletd vnitoe and Inv oval to be bueunly stilted by Nut o111, of It. Soots of iHteelms, the dry end rear ant
above wallted.
C_ .. .. .. 600,0
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(Corporate Name)
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.................... Prnldtnt T. B US WINGAT it I SON r
ATTEeTI it
......................•_•--.......---...._...-------••--••--•-•. 01 BARBARA DECO Ell NILLIAMSON
...........................amatory lcotpmale Seal)
.............................................................(SEAL)
' (Ce,pmols Name)
..............................Pretldeat
................ ...... .......................................(SEAL)
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EXHIBIT !C

'pi —CAMA/ DREDGE&;FILL I 11=Jen` G r'
GENERAL PERMIT Previous permit#
QNew ❑Modification ❑Complete Reissue OPa /!aissue Date previous permit issued
A; authorized by the State of North Carolina, Department of Environment and Natural Resources
and the Coastal Resources Commission in an area of envirortmental concern pursuant to 15A NCAC V) ! . 1 Allu'
. :.. .. .. .. les attach
Applicant Name SNjnl In i�. O:S-1 �2 J Z.
.Addressl:j(/Cicl
State
Phone # (_) .:Fax #,(_)
Authorized Agent G.• i:`UQaG UIWl? 4 A 1 (J12Xf
r
Affected dew 'pEw QPTA= i ergs ` ❑P'rs
AEC(s): []OEA ..17HHF f7IFI ❑UBA ON/A
❑ PWS: ❑FQ.
ORW: yes / PNA , yes / Crit. Hab. yes /
Project Location: County J>AQ>E
Street Address/ State Road/ Lot #(s) PA e2 c e L :L
C,tlfllniT=c/1� VItLn.Gr ZIP27G•4%5
Phone'# ( ) River Basin ' PAS GZ--
Adj.Wtr.Body MI•M•r3. `1—)0 VS1A C2�-IkZnat 6n /unkn)
Closest Mal. Wtr. Body. rA MLl [ v �wU�ll�
Type of Project/Activiiy j,.0LK,
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Sandbags: notsure
a8 Yes
Moratorium: n/a es no
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A building permit may be required
by:
-PA
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Notes/ Special' Conditions
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Agent or Applican
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Application Fee(s)
P rmft0 cer's Signature
9• I4.• 4 8 93 4
statement on back permit a'y" Issuing Date Expiation Date
I1 >. _ 11Nu
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� �/�' l'I Vk' .1;1.12R: Cb(3u •,r n1IT AVI)L.
Check# Local Planningfurisdiction I Rover File Name

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REOUOtED
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PROPOSED BULKHEAD
BULKHEAD DETAIL
N.TS
ENVI.NONMENTAL PROFESSIONALSNC.
, 1
DESMOND'R. FOSTER"JR. &FAME B. FOSTER
Planning for a Better Environment
DEVELOPMENT SKETCH
2810 N. CROATAN HIGHWAY
\
P.O. BOX 3368.
HATTERAS
KILL DEVIL HILLS, NC 27948 '
DARE COUNTY NORTH CAROLINA
(252)441-02.39.
"SCALE: 1'=#. DATE:. 11/05/02 /n
c1.�_
1 :
.
(2- 2 441-0721 (FAX)
boo REV: 4"�22 03
SA REVIEWED
I i /�
DRAWN BY BY: KT J66 -94-051
s `
FROM RANKIN SURVEYING,
NOT FOR �CONSTRUCTiON --FOR BERMITTING PURPOSES ONLY

4. .
c32 .5 1 VG rzk-A 1�
v

ENVIRONMENTAL
PROFESSIONALS
--1 C.-
PLANNING FOR
A BETTER
ENVIRONMENT
May 13, 2004
North Carolina Division of Coastal Management
Attn: Mr. Dennis Hawthorn
1367 U.S. 17 South
Elizabeth City, NC 27909
Dear Mr. Hawthorn,
(Via Facsimile: 252-264-3723 & Mail)
This letter is with reference to the application that Environmental Professionals, Inc. has made on behalf of
Mr. Buddy Foster for improvements to his property in Hatteras, North Carolina. This application has been
reviewed by your office and determined to be incomplete and requests for additional information have been
made. Based on subsequent meetings with the Division of Coastal Management, we have determined that
the application for the CAMA Major Development Pemvt will not be pursued at this time. This is based in
part due to my client's acceptance of a bulkhead alignment which avoids filling coastal wetlands and meets
the conditions of 15A NCAC 07H.1100.
By copy of this letter, we request that the current application, which has been submitted, be retired and any
further processing be terminated.
Thank you for your consideration.
Sincerely,
Environmental Professi nals, Inc.
/���
rge H. Wood, CEP, PWS
GHW:kac
P.O. BOX 3r68 •'S;LQ41-n771 * EMANORTH
[e-mail] 441-0239

■ Complete Items 1, 2, and 3. Also complete
Item 4 If Restricted Delivery is desired.
■ Print your name and address on the reverse
so that we can return the card to you.
■ Attach this card to the back of the maiiplece,
or on the front If space permits.
1. Article Addressed to:
A SI nature
x PI, hi
WAgent
D. Is delivery address different from Item 1? ❑ Ye:
If YES, enter delivery address below: ❑ No
r
3. ervlce Type
Certified Mall ❑ 6press Mall
❑ Registered ❑ Return Receipt for Merchandise
❑ Insured Mall ❑ C.O,D.
4. Restricted Dellvery? (Edm Fee) ❑ Yes
2. Article Number -- -
(FmnsferfromservkelabelJ 7,0,01,-2510 0005 5519 9079
'`PS Form 3811, August 2001 Domestic Return Receipt 102595-02-M-1540
�J`%06�/�j
■ Complete Items 1, 2, and 3. Also complete
Item 4 if Restricted Delivery Is desired.
■ Print your name and address on the reverse
so that we can return the card to you.
■ Attach this card to the back of the mallpiece,
or on the front if space permits.
1. Article Addressed to:
LO,Ifi" 4, a Ghct✓laf le 8.
r
o nee
Boy,
2. Artlele Number
(Transfer from service /aLey
Ps Form 3811, August 2001
A Signature
f] X Agent
I - / ❑ Addre:
a, Received by (Printed Name) C, Dafe of DWI
D. Is delivery address different from Item 17 U Ye:
If YES, enter delivery address below: ❑ No
3. Service Type --
IIi Certified Mall ❑ Express Meal
❑ Registered ❑ Return Receipt for Merchandise
❑ Insured Mall ❑ C.O.D.
4. Restricted Delivery? (Extra Fee) El Yes
7001 2510 0009 5519 9086
Domestic Return Receipt
10259542-10-1540

EXHIBIT D

WAYNE MCDEVITT
SECRETARY
W
- NORTH CAROLINA DEPARTMENT OF
ENVIRONMENT AND NATURAL RESOURCES
DIVISION OF COASTAL MANAGEMENT
March 15, 1999
CERTIFIED MAIL
RETURN RECEIPT REQUESTED
Mr. Desmond R. Foster, Jr.
P. O. Box 459
Hatteras, North Carolina 27943
Dear Mr. Foster:
This letter is in reference to your CAMA Major Permit Application, received
by the Elizabeth City Field Office on 19 February 1999, to develop your property
located on NC 12 in Hatteras Village, Dare County, North Carolina, and adjacent to
Slash Creek and to dredge 900 feet at Slash Creek. This letter is also in reference to
a letter from Frank Jennings of my staff to you regarding this project, dated 20 July
1998 as well as an on -site meeting with Frank Jennings, myself, and others held on
15 July 1998.
At the on -site meeting it was determined that your project included the
excavation or dredging of a new navigation channel which requires the preparation
of an environmental document under the North Carolina Environmental Policy Act
(NCEPA) as per 15A North Carolina Administrative Code O1C.0504(3)(F). If a
NCEPA document is required for a proposed development, preparation of an
Environmental Assessment (EA) will be required. The purpose of the EA is to
provide a decision making tool to determine if a planned project is of such
significance or scope and impact on the environment as to require the preparation of
a Environmental Impact Statement (EIS). Upon satisfactorily completing the initial
environmental assessment, processing of Coastal Area Management Act permit
applications may begin and may run concurrently with the NCEPA review. Your
application did not include an EA or any supporting information which would prove
that this work did not constitute a new navigation channel; therefore, because your
application is incomplete, I am returning your entire application package, including
your check #1548 for $250.00. The application may be resubmitted with the
environmental document or anytime thereafter.
Should you wish to appeal this decision, you are entitled to a hearing. The
hearing will involve appearing before an Administrative Law Judge who listens to
ELIZABETH CITY OFFICE
1367 U.S. 17 SOUTH ELIZABETH CITY, NC 27909
PHONE ZS2.264-3901 FAX 2S2-264-3723
AN EQUAL OPPORTUNITY/ AFFIRMATIVE ACTION EMP40YER-50q RECYCLED/10°o POST -CONSUMER PAPER

Mr. Desmond R. Foster, Jr.
March 15, 1999
Page Two
the evidence and arguments of both parties and then makes a recommendation to the
Coastal Resources Commission. Your request for a hearing must be in the form of
written petition, complying with the requirements of Chapter 150B of the General
Statutes of North Carolina. The original petition must be filed with the Office of
Administrative Hearings, P. O. Drawer 27447, Raleigh, North Carolina 27611-7447
(919-733-2698) within 60 days of this decision on your permit application. A copy
of the petition should be filed with the Director of the Division of Coastal
Management, P. O. Box 27687, Raleigh, North Carolina 27611-7687 and with the
Attorney General's Office (Environmental Division), P. O. Box 629, Raleigh, North
Carolina 27602-0629.
Sincerely,
Charles S. Jon s
Assistant Director
CSJ/dc
cc: Donna Moffitt, DCM Director
John R. Parker, DCM Permit Processing Coordinator
Raleigh Bland, US Army Corps of Engineers, Washington Regional Office
Frank A. Jennings, III, DCM

EXHIBIT E

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
NOTICE OF VIOLATION
April 15, 2005
CERTIFIED MAIL
RETURN RECEIPT REQUESTED
Mr, Desmond R, Foster, Jr.
P.O. Box 459
Hatteras, NC 27943
RE:NOTICE OF VIOLATION AND REQUEST TO CEASE UNAUTHORIZED DEVELOPMENT
CAMA VIOLATION #05-08A
Dear Mr. Foster:
This letter confirms that on April 7, 2005, Raleigh Bland of the US Army Corps of Engineers (USACOE),
John Cece, Field Representative for the NC Division of Coastal Management (DCM), and I met you onsite
at your property located adjacent to Slash Creek Condominiums located in or near Hatteras, off NC 12,
Dare County, North Carolina. The purpose of the visit was to investigate unauthorized filling of Coastal
Wetlands and the leveling of two spoil piles adjacent to a man-made basin off Slash Creek.
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 (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; This requirement is imposed
by North Carolina General Statute (N.C.G.S.) I I3A-118,
I have information that indicates you have undertaken or are legally responsible for filling of Coastal
Wetlands and the leveling of two spoil piles adjacent to a man-made basin off Slash Creek. This activity
took place in Coastal Wetlands (CW) and Estuarine Shoreline (ES) that are contiguous with the Slash
Creek. CW and ES areas 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 $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, 11 3A-126).
1367 U.S.17 South, Elizabeth City, North Carolina 27909
Phone: [phone] FAX: [phone] Internet: www.nccoastalmanagement.net
An Equal Opportunity 1 Afirmafive Action Employer— 30% Recycled by Fiber Weight

Mr. Desmond R. Foster, Jr.
April 15, 2005
Page 2
It is the policy of the Coastal Resources Commission to levy a minimum civil assessment of $500 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.
You are also in violation of the State's Dredge and Fill Act 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. 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.
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 on April 26, 2005, to
determine whether this REQUEST TO CEASE AND DESIST has been complied with and to assess the
extent of the unauthorized development activity. Restoration will be required at the site and you will be
mailed a restoration plan after my assessment has been made.
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 252-264-3901
Sincerely,
Frank A. Jennings, III
Coastal Management Representative
FAJ/ybc
cc: Ted Tyndall, Assistant Director, DCM, Morehead City
Ted Sampson, District Manager, DCM, Elizabeth City
Roy Brownlow, Compliance Coordinator, DCM, Morehead City
Raleigh Bland, USACOE, Washington

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EXHIBIT F

AI
NC®ENR
North Carolina Department of Environment and Natural
Division of Coastal Management
Michael F. Easley, Governor Charles S. Jones, Director
NOTICE OF VIOLATION
May 5, 2005
CERTIFIED MAIL
RETURN RECEIPT REQUESTED
Mr, Desmond R. Foster, Jr.
P.O. Box 459
Hatteras, NC 27943
Resources
William G. Ross Jr., Secretary
RE;NOTICE OF VIOLATION AND REQUEST TO CEASE UNAUTHORIZED DEVELOPMENT
CAMA VIOLATION#05.08A
Dear Mr. Foster,
This letter confirms that on May 4, 2005, Ted Tyndall, Assistant Director'for the Division of Coastal
Management (DCM,) Raleigh Bland of the US Army Corps of Engineers (USACOE), and I met Mike
Hooper, Grandy Hooper, and you onsite at your property located adjacent to Slash Creek Condominiums
located in or near Hatteras Village, off NC 12, Dare County, North Carolina. The purpose of the visit was to
investigate unauthorized filling of Coastal Wetlands and the leveling of two spoil piles adjacent to a man-
made basin off Slash Creek. This letter is also in reference to my Notice of Violation, sent to you, on April
15, 2005 by certified mail.
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 (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. This requirement is imposed
by North Carolina General Statute (N.C.G,S.)113A-118.
I have information that indicates you have undertaken or are legally responsible for filling of 9900 square
feet of Coastal Wetlands and the leveling of two spoil piles adjacent to a man-made basin off Slash Creek.
This activity took place in Coastal Wetlands (CW) and the Estuarine Shoreline (ES) that are contiguous
with the Slash Creek. CW and ES areas 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.
1367 U.S.17 South, Elizabeth City, North Carolina 27909
Phone: [phone] l FAX: [phone] Internet: www.nccoastaimanagement.net
An Equal opportunity 1 Affirmative Action Employer— 30% Recycled by Fiber Weight

Mr, Desmond R, Foster, Jr,
NOV 05-08A
May 5, 2005
Page 2
I request that you immediately CEASE AND DESIST any further unauthorized activities within designated
Areas of Environmental Concern. 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 $500 not to
exceed $2,500 against all violations of this type. 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.
You are also in violation of the State's Dredge and Fill Act 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. 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, Title 15A, Subchapter 07H. State Guidelines for Areas
of Environmental Concern, the activity you have undertaken, filling of Coastal Wetlands and the leveling of
two spoil piles adjacent to a man-made basin off Slash Creek, is not consistent with Section 07H,0205
Coastal Wetlands and 07H.0208 Use Standards for Coastal Wetlands, Therefore, I am requesting that the
unauthorized fill material be removed.
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.

Mr. Desmond R. Foster, Jr.
NOV 05-08A
May 5, 2005
Page 3
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 252-264-3901. Upon completion of the restoration as requested in the
Restoration Plan Agreement to the satisfaction of the Divisjon 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).
Sincerely,, D
Frank A. Jennings, III
Coastal Management Representative
FAJlybc
cc: Ted Tyndall, Assistant Director;-DCM, Morehead City
Ted Sampson, District Manager, DCM, Elizabeth City
Roy Brownlow, Compliance Coordinator, DCM, Morehead City
Raleigh Bland, USACOE, Washington
Enclosure

NOV 05-08A
May 5, 2005
Page 4
RESTORATION PLAN
For
Desmond R. Foster, Jr,
North side, NC 12, Slash Creek, Hatteras Village, Dare County
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I, Desmond R. Foster, agree to remove all unauthorized fill material placed in the adjacent marsh, Coastal
Wetlands,
I agree to complete this restoration to the satisfaction of the Division of Coastal Management (DCM) by June 6,
2005, 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 inspected.
SIGNATURE:
DATE:
It is the policy of the Coastal Resources Commission to levy a minimum civil assessment $300 and higher against all
violations of this type depending upon the damage to the resources. Ifrestoration is not undertaken or satisfactorily
completed, a substantially higher civil assessment will be levied and on injunction sought to require restoration.

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EXHIBIT H

2003 Dare County Land Use Plan
County Commissioners
Warren Judge, Chairman
John Robert Hooper, Vice- Chairman
Cheryl Byrd
Renee Cahoon
Richard L. Johnson
Virginia Tillett
Stan M. White
Planning Board
Elmer R, Midgett, Chairman
John Finelli
Jim Kinghorn
John G. B. Myers III
Marcia Parrott
Joseph Thompson
Ricky Scarborough, Jr.
Technical Assistance on Plan
Dare County Planning Department
Raymond P. Sturza II, Planning Director
Donna V. Creel; Senior Planner
Dare County Information Technology Department
Greg Ball, GIS Mapping
Sherry Hunter, Website Coordinator
Public Participation
Glenn Harbeck Associates, Wilmington, NC

Throughout this document there are references to the desire of Dare County to reserve the right to
examine issues on a `case -by -case" basis. When the reader encounters this language it should be
assumed it is added to a particular issue or policy for emphasis. This occurs out of the County's
reservation about the "one size fits all" tendency of State and Federal regulatory agencies and Dare
County's unique characteristics versus the other costal communities in North Carolina. It is for this
reason that Dare County often finds that what may be wise in some areas in terms of regulatory
policy is contrary to the best interest of the citizens of Dare County.
There are many existing State and federal regulatory programs for resource protection that apply in
' Daze County. In. some instances, such as fisheries management or wetland protection, there are no
local regulatory programs and Dare County relies on these State and federal programs in the absence
of local programs. However, the absence of local regulations should not be interpreted as a lack of
concern about resource protection. The absence of local regulation may be due to the inability of the
local elected officials to develop a consensus about regulatory standards or may be a desire to avoid
regulatory duplication in a matter where other agencies already exercise regulatoryjurisdiction.
The Dare County Land Use Plan is established to provide policies and implementation strategies for
resource protection, resource production and management and growth and development. The
elected officials, advisory boards and planning staff should use these policies and implementation
strategies in considered rezoning proposals, development and re -development proposals, and
ordinance enactments and amendments. Although measures are taken to avoid conflicts between
the LUP and County ordinances, in instances when they do occur, the ordinance will take precedence
since the LUP is a non -binding policy document. The resolution of such conflicts may be
accomplished through an ordinance amendment or a change of the LUP policy as may be appropriate
on a case by case basis.
WETLANDS
Coastal wetlands are, defined as any salt marsh or other marsh subject to regular or occasional
p j flooding by tides, including wind tides, whether or not the tide waters reach the marshland areas
�j through natural or artificial sources, providing this shall not include hurricanes or other storm tides.
In Dare County, the estuarine shoreline is generally covered by coastal marsh grass. The position of
these wetlands, often between usable high ground and deeper navigable waters, has placed
considerable pressure on these environmentally significant areas.
In addition to coastal wetlands, there are areas known as freshwater marshes or freshwater wetlands
that are subject to the regulatory provisions of Section 404 of the Clean Water Act, hence these areas
are often referred to as 404 wetlands. The US. Army Corps of Engineers has been delegated the
regulatory responsibility of managing these 404 wetland areas and interpreting the rules that apply to
freshwater wetlands. Over the years, the federal definition of what constitutes a freshwater wetlands
has changed depending on federal policy guidelines, but generally a freshwater wetland can be
described as soils that are hydric, that sustain plant life that depends on periodic flooding, or are areas
that are frequented by migratory birds. One of the Corps' programs used to manage freshwater
wetlands is known as the Nationwide permit program. Nationwide permits are available for fill
activities that involve small areas or "pockets" of freshwater wetlands. Discussion by the
Planning Board indicated continued support of the existing federal regulatory program administered
53
�1

by the Corps and the nationwide permit program. However, concern was noted about the rigid
interpretations and delineations of wetlands pockets that sometimes preclude otherwise acceptable
development projects.
Another aspect of wetlands management is the concept of mitigation.. Mitigation involves the
creation of; or dedication of wetlands sites, to compensate for the loss of wetlands as a result of
development activities. In simple terms, mitigation can be thought of as a trade-off of wetlands at
one site for the alteration or loss of wetlands in another area. Generally, the topic of mitigation is
categorized as public purpose projects (those projects undertaken by the public sector) and mitigation
in conjunction with private development projects. The Planning Board discussed this issue
extensively during the update process. There was a consensus of support for wetland mitigation for
public sector projects among the Planning Board and among respondents to the land use plan
questionnaire. For private sector projects that may propose wetland mitigation, the Planning Board
felt that private projects should be reviewed on an individual basis and judgments based on any
benefits the project may provide to the community.
Development within any coastal wetland AEC should be constructed according to any applicable
local, State or Federal regulations.
Policy #1
Dare County advocates the use of existing (2002) State and Federal regulatory programs for
protecting and preserving coastal wetland areas of environmental of concern. Dare County reserves
the right to review, comment, advocate, or oppose any proposed regulations or programs that may
affect the regulation of coastal wetland areas of environmental concern.
Policy #2
Dare County supports the use of mitigation for the loss ofwetland areas for public purpose projects,
Private development projects that proposed wetland mitigation may be supported by Dare County if
such projects will serve an identified public need and/or policy of the land use plan. For both public
and private mitigation projects, up to 25% of the mitigation should take place on site or in Dare
County.
Policy #3
Dare County supports the U.S. Army Corps of Engineers nationwide permit program as administered
in 2002. This support is based on the current scope of permitting limits on the nationwide program
and not on any changes that may result in a different policy.
Implementation Strategies:
1. Implementation and enforcement of CAMA use standards for coastal wetland AECs as identified
under 15NCAC7H, Sections .0205 and.0208.
2. The County will continue to administer the CAMA local permit enforcement program and
maintain the staff necessary for this work.
3. As maybe necessary to facilitate implementation of permit programs for wetland management.
OCEAN SHORELINE
The immediate oceanfront area on any barrier island quickly identifies itself for special management
guidelines. Management alternatives include setback standards to address erosion, minimum
54

EXHIBIT I

5
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EXHIBIT J

0 NC 12 HWY

EXHIBIT K

CHRONOLOGY OF FOSTER VIOLATION
11 21 02: Foster submitted a Major Permit application to construct 1,100 feet
of bulkhead/retaining wall around existing spoil piles, fill 370
square feet of Coastal Wetlands, 1,000 square feet of 404 wetlands
and 1,500 square feet of Public Trust Area and Estuarine Waters,
as well as to construct a wooden bridge to access the site.
it 26 02: Ted Sampson sends incomplete letter to Foster.
02 19 03: Dennis Hawthorn met with Foster to discuss development proposal.
02 21 03: Dennis Hawthorn conducted site visit with Foster.
04 04 03: Dennis Hawthorn conducted site visit.
05 06 03: Dennis Hawthorn submits field report.
05 14 03: Major Permit application mailed out for review with field report.
09 18 03: Hurricane Isabel struck.
05 13 04: Application is requested to be withdrawn.
05 14 04: General Permit #37329A is issued to Foster by Hawthorn for 500
feet of bulkhead with 500 feet of backfill.
04 07 05: Frank Jennings met with Foster on site to inspect property. Raleigh
Bland, USACOE, and John Cece, DCM, attended. A new vinyl
bulkhead along the canal had been constructed. Both spoil piles
were leveled and were now connected to each other. Fill had
obviously been deposited in salt marsh. Foster was advised to
cease and desist.
04 15 05: Jennings sent NOV letter to Foster.
05 04 05: Jennings met Foster on site again. This time, Ted Tyndall,
Assistant Director of DCM, and Raleigh Bland, USACOE, attended.
05 05 05: Jennings sent Foster an NOV letter that included a restoration plan.
Foster never returned a signed. restoration agreement.

07 06 05: Jennings attended a joint DCM/USACOE meeting in Morehead City
with Foster and his counsel H. Glenn Dunn. Attending for DCM
were Ted Tyndall and Merrie Jo Alcoke and attending for the
USACOE were Raleigh Bland and Justin McCorcle. Foster agreed to
restore area at this meeting.
09 20 05: Jennings made a site visit and confirmed that Foster had restored
area.
09 23 05: Jennings sent Foster a letter to confirm determination that
restoration was complete.
09 23 05: Ted Sampson sent Foster a request for payment of a civil penalty
of $2,500, due within 10 days.
10 18 05: Elizabeth City DCM office received a letter from Foster addressed to
Charles Jones, Director of DCM, requesting the penalty be abated.
10 18 05: Ted Sampson forwarded Foster's letter to Charles Jones, Director,
in Morehead City.

North Carolina
Michael F. Easley, Governor
A14,;.1aWJ
NCDENR
Department of Environment and Natural Resources
Division of Coastal Management
Charles S. Jones, Director
September 23, 2005
CERTIFIED MAIL
RETURN RECEIPT REQUESTED
Mr. Desmond R. Foster, Jr.
P.O: Box 459
Hatteras, NC 27943
RE. CAMA VIOLATION #05-08A
Dear Mr. Foster:
William G. Ross Jr., Secretary
This letter is in reference to the Notice of Violation dated May 5, 2005 that .Mr. Frank
filling of 9,900 square feet of Coastal Wetlands and the leveling of spoil piles adjacent to a
man-made basin off Slash Creek in or near Hatteras Village, off NC 12, Dare County. The
violation involved the Coastal Wetlands and Estuarine Shoreline, which are Areas of
Environmental Concern designated by the Coastal Resources Commission. Based upon
the site visit conducted on September 20, 2005 by Mr. Jennings, 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 $2,500 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 $2,500 made payable to the North Carolina Department of Environment
and Natural Resources (NCDENR); and, (3) return the signed agreement and payment to
this office in the enclosed, self-addressed envelope within ten (10) days of your receipt of
this letter. Upon deposit of your check in the Department's account, you will receive a
Notice of Compliance officially closing this enforcement action.
1367 U.S.17 South, Elizabeth City, North Carolina 27909
Phone: [phone] FAX: [phone] Internet: www.nccoastalmanagement.net
An Equal Opportunity 1 Affirmative Action Employer — 50% Recycled 110% Post Consumer Paper

Desmond R. Foster, Jr.
September 23, 2005
Page 2 of 2
If you do not send a signed agreement and payment to this office within ten (10) days, the
Director of the Division of Coastal Management (DCM) will formally assess a civil penalty
against you. You will then have the opportunity to request a hearing on the penalty or
request remission of the penalty.
Thank you for your time and cooperation in resolving this important matter. Ifyou have any
questions, please do not hesitate to contact me at [phone].
Sincerely,
ed Sam son
District Manager
TS:yc
Enclosures
cc: Ted Tyndall, Assistant Director, DCM, Morehead City
Roy Brownlow, Compliance Coordinator, DCM, Morehead City
Frank Jennings, Coastal Management Representative, DCM, Elizabeth City
Raleigh Bland, USACOE, Washington

Desmond R. Foster, Jr.
September 23, 2005
Page 3 of 3
CAMA VIOLATION #05-08A
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 $2,500 against mefor violation
of the Coastal Area Management Act, NCGS 113A-100 et seq, committed on or near my
property located adjacent to Slash Creek Condominiums in or near Hatteras Village, 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 May 5, 2005, and agree to pay the proposed civil assessment of $2,500.
DATE
SIGNATURE
ADDRESS
TELEPHONE NUMBER

[A
CdA4PLETE THIS SEC riON oN bELivgRY
IN Complete Items t 2, and 3. Also complete
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PS:Fomt 3811, February 20D4 Domestic Return Recelpt
102595-02-M'1540 ,
M

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
September 23, 2005
Mr. Desmond R. Foster, Jr.
P.O. Box 459
Hatteras, NC 27943
RE:RESTORATION ACCEPTANCE -- CAMA VIOLATION #05-08A
Dear Mr. Foster:
This letter is in reference to the Notice of Violation #05-08A sent to you dated May 5, 2005 for
the filling of 9,900 square feet of Coastal Wetlands and the leveling of the spoil piles adjacent to
a man-made basin off Slash Creek, within the Coastal Wetlands and Estuarine Shoreline Areas
of Environmental Concern. The violation took place on your property located adjacent to Slash
Creek Condominiums located in or near Hatteras Village, off NC 12, Dare County, North
Carolina. This unauthorized activity constituted development and you were requested to remove
the unauthorized fill material. In accordance with the North Carolina Administrative Code, Title
15A, Subchapter 7J.0410, any violation involving development which is inconsistent with
guidelines for development within Areas of Environmental Concern must be corrected by
restoring the project site to pre -development conditions to recover lost resources or to prevent
further resource damage.
I conducted a site visit at the aforementioned property on September 20, 2005 to inspect the
restoration of the unauthorized activity addressed in the Notice of Violation #05-08A. Based on
this inspection, it appears the restoration is accomplished to the satisfaction of this Division.
Upon my submission of an enforcement report, you will be notified as to the amount of the civil
penalty for undertaking this unauthorized activity within an Area of Environmental concern.
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 252-264-3901.
Sincerely,
A 9 S.
Frank A. Jennings, III
Coastal Management Representative
FAJ:ybc
cc: Ted Tyndall, Assistant Director, DCM, Morehead City
Ted Sampson, District Manager, DCM, Elizabeth City
Roy Brownlow, Compliance Coordinator, DCM, Morehead City
Raleigh Bland, USACOE, Washington
1367 U.S. 17 South, Elizabeth City, North Carolina 27909
Phone: [phone] FAX: [phone] Internet: www.nccoastalmanagement.net
An Equal Opportunity \Affirmative Action Employer- 30% Recycled by Fiber Weight

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
NOTICE OF VIOLATION
May 5, 2005
CERTIFIED MAIL
RETURN RECEIPT REQUESTED
Mr. Desmond R. Foster, Jr.
P.O. Box 459
Hatteras, NC 27943
RE:NOTICE OF VIOLATION AND REQUEST TO CEASE UNAUTHORIZED DEVELOPMENT
CAMA VIOLATION #05-08A
Dear Mr. Foster:
This letter confirms that on May 4, 2005, Ted Tyndall, Assistant Director for the Division of Coastal
Management (DCM,) Raleigh Bland of the US Army Corps of Engineers (USACOE), and I met Mike
Hooper, Grandy Hooper, and you onsite at your property located adjacent to Slash Creek Condominiums
located in or near Hatteras Village, off NC 12, Dare County, North Carolina. The purpose of the visit was to
investigate unauthorized filling of Coastal Wetlands and the leveling of two spoil piles adjacent to a man-
made basin off Slash Creek. This letter is also in reference to my Notice of Violation, sent to you, on April
15, 2005 by certified mail.
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 (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. This requirement is imposed
by North Carolina General Statute (N.C.G.S.) 11 3A-1 18.
I have information that indicates you have undertaken or are legally responsible for filling of 9900 square
feet of Coastal Wetlands and the leveling of two spoil piles adjacent to a man-made basin off Slash Creek.
This activity took place in Coastal Wetlands (CM and the Estuarine Shoreline (ES) that are contiguous
with the Slash Creek. CW and ES areas 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,
1367 U.S.17 South, Elizabeth City, North Carolina 27909
Phone: [phone]FAX: [phone]internal: www.nccoastalmanagement.net
An Equal Opportunity 1 Affirmative Action Employer — 30% Recycled by Fiber Weight

Mr. Desmond R. Foster, Jr.
NOV 05-08A
May 5, 2005
Page 2
I request that you immediately CEASE AND DESIST any further unauthorized activities within designated
Areas of Environmental Concern. 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 $500 not to
exceed $2,500 against all violations of this type. 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.
You are also in violation of the State's Dredge and Fill Act 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. 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, Title 15A, Subchapter 07H. State Guidelines for Areas
of Environmental Concern, the activity you have undertaken, filling of Coastal Wetlands and the leveling of
two spoil piles adjacent to a man-made basin off Slash Creek, is not consistent with Section 07H.0205
Coastal Wetlands and 07H.0208 Use Standards for Coastal Wetlands. Therefore, I am requesting that the
unauthorized fill material be removed.
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.

Mr, Desmond R. Foster, Jr.
NOV 05-08A
May 5, 2005'
Page 3
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 252-264-3901. 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).
Sincerely,
Frank A. Jennings, III
Coastal Management Representative
FAJfybc
cc; Ted Tyndall, Assistant Director,,-DCM. Morehead City
Ted Sampson, District Manager, DCM, Elizabeth City
Roy Brownlow, Compliance Coordinator, DCM, Morehead City
Raleigh Bland, USACOE, Washington
Enclosure

N
NOV 05-08A
May 5, 2005
Page 4
w
RESTORATION PLAN
For
Desmond R. Foster, Jr.
North side, NC 12, Slash Creek, Hatteras Village, Dare County
rs�
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I, Desmond R. Foster, agree to remove all unauthorized fill material placed in the adjacent marsh, Coastal
Wetlands.
I agree to complete this restoration to the satisfaction of the Division of Coastal Management (DCM) by June 6,
2005, 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 inspected.
SIGNATURE:
DATE:
It is the policy of the Coastal Resources Commission to levy a minimum civil assessment S500 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.

0
■ Complete items 1, 2, and 3. Also complete
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0750 0001 722L 7928
PS Forth 3811, February 2004 Domestic Return Recelpt 1azse5-02-M-1540
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L
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
NOTICE OF VIOLATION
April 15, 2005
CERTIFIED MAIL
RETURN RECEIPT REQUESTED
Mr. Desmond R. Foster, Jr.
RO. Box 459
Hatteras, NC 27943
RE:NOTICE OF VIOLATION AND REQUEST TO CEASE UNAUTHORIZED DEVELOPMENT
CAMA VIOLATION #05-08A
Dear Mr. Foster:
This letter confirms that on April 7, 2005, Raleigh Bland of the US Army Corps of Engineers�(USACOE),
John Cece, Field Representative for the NC Division.of Coastal Management (DCM), and I met you onsite
at your property located adjacent to Slash Creek Condominiums located in or near Hatteras, off NC 12,
Dare County, North Carolina. The purpose of the visit was to investigate unauthorized filling of Coastal
Wetlands and the leveling of two spoil piles adjacent to a man-made basin off Slash Creek.
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 (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. This requirement is imposed
by North Carolina General Statute (N.C,G.S.) 113A-1 18.
1 have information that indicates you have undertaken or are legally responsible for filling of Coastal
Wetlands and the leveling of two spoil piles adjacent to a man-made basin off Slash Creek. This activity
took place in Coastal Wetlands (CW) and Estuarine Shoreline (ES) that are contiguous with the Slash
Creek. CW and ES areas 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 $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. 1 13A-1 26).
1367 U.S.17 South, Elizabeth City, North Carolina 27909
Phone: [phone] \ FAX: [phone] \ Internet: www.nccoastalmanagement.net
An Equal opportunity \ Affirmative Actlon Employer - 30% Recycled by Fiber Weight

Mr. Desmond R. Foster, Jr.
April 15, 2005
Page 2
It is the policy of the Coastal Resources Commission to levy a minimum civil assessment of $500 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.
You are also in violation of the State's Dredge and Fill Act 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. 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.
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 on April 26, 2005, to
determine whether this REQUEST TO CEASE AND DESIST has been complied with and to assess the
extent of the unauthorized development activity. Restoration will be required at the site and you will be
mailed a restoration plan after my assessment has been made.
Thank you for your time and cooperation in resolving this important matter. if you have any questions about
this or related matters, please callme at 252-264-3901
Sincerely,
Frank A. Jennings, III
Coastal Management Representative
FAJ/ybc
cc: Ted Tyndall, Assistant Director, DCM, Morehead City
Ted Sampson, District Manager, DCM, Elizabeth City
Roy Brownlow, Compliance Coordinator, DCM, Morehead City
Raleigh Bland, USACOE, Washington

Or Complete items 1, 2, and 3. Also complete
Item 4 if Restricted Delivery Is desired.
■ Print your name and address on the reverse
so that we can return the card.to you.
■ Attach this card to the back of the mallplece,
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1. Article Addressed to:
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Ps Form 3811, February 2004 Domestic Return Receipt 10259502-M-.1540
V
'
1

a -
DEPARTMENT OF THE ARMY
WILMINGTON DISTRICT, CORPS OF ENGINEERS
PO BOX 1890
WILMINGTON NC 28402-1890
December 2, 2005
Regulatory Division
Action ID No. 200510898
Mr. Charles Jones, Director
Division of Coastal Management
North Carolina Department of Environment
and Natural Resources
400 Commerce Avenue
Morehead City, North Carolina 28557
Dear Mr. Jones:
DtL 1 l LU0
Morehead City DCM
By letter dated May 6, 2005, Mr. Desmond R. Foster, Jr., was notified of alleged
violations of permit conditions or limitations resulting in the discharge of fill material in waters
of the United States on his property located off N.C. Highway 12, adjacent to Slash Creek and
the Pamlico Sound, in Hatteras, Dare County, North Carolina. Our District Engineer proposes to
assess a Class I Administrative Penalty under the authority of 33 U.S.C. § 1319(g) and 33 CFR
Part 326.6. We are required to furnish you a copy of the Proposed Order and the information
contained in the enclosed Public Notice.
You may provide written comments on the Proposed Penalty Order at anytime within
30 calendar days after receipt of this notice. Your comments should be addressed to the District
Engineer, care of Mr. Justin McCorcle, Office of Counsel, Wilmington District, U.S. Army
Corps of Engineers, P.O. Box 1890, Wilmington, North Carolina 28402.
The violator may also provide written comments and/or request a hearing on the Proposed
Penalty Order at anytime within 30 calendar days after receipt of this notice. A request for a
hearing must be in writing, specifying in summary form the factual and legal issues that are in
dispute and the specific factual and legal grounds for the defense.
If the violator does not request a hearing, the District Engineer will withdraw, issue, or
modify and issue the enclosed Proposed Order as a Final Order. The decision will be based on
the administrative record, including any comments and/or evidence submitted by the violator and
members of the public. All evidence will be considered, and the decision will be based on a
preponderance of the evidence, that is, on the greater weight of evidence that is credible and
convincing to the mind.

-2-
Please direct any questions regarding this matter to Mr. McCorcle at the address provided
above, or by telephone at [phone].
Sincerely,
S. Kenneth Jolly
Chief, Regulatory Division
Enclosures
Copies Furnished (with enclosures):
Ted Tyndall
North Carolina Division of Coastal Management
400 Commerce Avenue
Morehead City, NC 28557
Merrie Jo Alcoke
North Carolina Division of Coastal Management
400 Commerce Avenue
Morehead City, NC 28557

.1
Permit: USACE General Permit No. 197800080
PROPOSED ADMINISTRATIVE PENALTY ORDER
Under the authority granted by 33 U.S.C. § 1319(g) and 33 CFR Part 326.6, I,
Colonel John E. Pulliam, Jr., District Engineer, Wilmington District, propose to issue this order assessing
a Class I Administrative Penalty for violation of the above -referenced permit.
Name/Address of Permittee:
Mr. Desmond R. Foster, Jr.
Post Office Box 459
Hatteras, North Carolina 27943
Permitted Activity:
The construction of a bulkhead and retaining wall on property located off NC Highway 12, adjacent to
Slash Greek and the Pamlico Sound, in Hatteras, Dare County, North Carolina, consistent with the
application and plans for USACE General Permit No. 197800080, and State CAMA Permit No. 37329-A
Condition(s) or Limitation(s) of Permit Reportedly Violated:
Mr. Foster failed to comply with special condition (e) of the permit, which states, "This general permit
does not authorize the construction or placement of structures nor the discharge of fill material within
Department of the Army jurisdictional wetlands, seagrass or submerged aquatic vegetation."
Description of the Nature of the Violation(s):
Mr. Foster discharged unauthorized fill material into approximately 9,900 square feet (0.22-acre) of high
quality wetlands subject to Department of the Army Regulatory jurisdiction.
I propose to assess a Class I Administrative Penalty against the permittee in this case for $ 5,000;
however, this proposal is subject to revision in the interest of justice after all evidence and comments
have been received and reviewed. The amount that may be assessed as a Class I Administrative Penalty
may not exceed $11,000 per individual violation or a maximum amount of $27,500.
Issued this _ 'day of December 2005
7olin E. Pfi11E-
Colonel, U.S.
District Emir

DEPARTMENT OF THE ARMY
Wilmington District, Corps of Engineers
Post Office Box 1890
Wilmington, North Carolina 28402-1890
Action ID No. 200510898 December 2, 2005
PUBLIC NOTICE
INTERESTED PARTIES: The District Engineer, Wilmington District, proposes
to issue an order assessing a Class I Administrative Penalty against Mr. Desmond R.
Foster, Jr., for a violation of permits granted under Section 404 of the Clean Water Act
and Section 10 of the Rivers and Harbors Act of 1899.
PERNHTS INVOLVED AND ALLEGED VIOLATION: The Department of
the Army issued General Permit No. 197800080 to Mr. Foster on May 14, 2004, through
the North Carolina Division of Coastal Management Permit Program pursuant to 15A
NCAC 0711.1100, and assigned the project Action ID No. 200510898. This permit
authorized the construction of a bulkhead and retaining wall on Mr. Foster's property,
located off N.C. Highway 12, adjacent to Slash Creek and the Pamlico Sound, in
Hatteras, Daze County, North Carolina.
Permit No. 197800080 was violated as follows:
The permittee discharged unauthorized earthen fill material into approximately
9,900 square feet (0.22-acre) of high quality wetlands subject to Department of the Army
Regulatoryjurisdiction. Mr. Foster failed to comply with special condition (e) of the
permit, which states, "This general permit does not authorize the construction or
placement of structures nor the discharge of fill material within Department of the Army
jurisdictional wetlands, seagrass or submerged aquatic vegetation."
In response to the enforcement action for Permit No. 197800080, Mr. Foster was
required to restore pre -project elevations and contours to the impacted area. The
restoration activities were coordinated thorough state and Federal resource management
agencies and included the mechanical removal of all unauthorized fill material placed
within jurisdictional wetlands. Mr. Foster completed the restoration work to the
satisfaction of all involved agencies.
AUTHORITY FOR PROCEEDING: This Administrative Penalty proceeding
is initiated under the authority of 33 U.S.C. 1319(g) and 33 CFR Part 326.6. The
procedure for assessing civil penalties in cases such as this is set out in the statute and the

regulation. Following the discovery and investigation of a violation of a permit, notice is
given to the permittee, the appropriate state agency, and the public. The permittee, the
state, or any member of the public may file comments within 30 days. If requested by the
permittee, a hearing will be held before a Presiding Officer who will submit a report and
recommend a decision to the District Engineer. The District Engineer will issue a Final
Order on the case to the permittee. Public participation in the hearing is permitted if a
hearing is held.
PENALTY PROPOSED: The amount of the penalty proposed in this case is
$5,000. This proposal is subject to revision in the interest of justice after all evidence and
comments have been received and reviewed. The amount of the penalty that the District
Engineer is authorized to assess as a Class I Penalty is $11,000 per violation and not
more than $27,500 total. In a case involving multiple violators, each violator is subject to
a separate, not joint, penalty.
REQUEST FOR HEARING: The permittee has 30 days following receipt of
this formal notice of proposed penalty to request a hearing. Written request, by the
permittee, for a hearing should be directed to the District Engineer within this designated
comment period and must state the specific reasons for requesting a public hearing. The
request should specify, in summary form, the factual and legal issues in dispute and the
specific grounds for defense. The permittee has a right to present evidence at the hearing;
however, he may not challenge the permit condition or limitation, which is the subject
matter of this order.
COMMENTS/ADMINISTRATIVE RECORD: During the 30 day comment
period, any person may submit written comments on the proposed Penalty Order. These
comments should be sent to the District Engineer by 4:30 p.m., January 3, 2005. Any
submitted comments will be included in the administrative record relating to the
Proposed Order. All information submitted by the permittee and persons commenting on
the Proposed Order will be placed in the administrative record, which will be available
for inspection during regular business hours at the U.S. Army Corps of Engineers,
Wilmington District, 69 Darlington Avenue, Wilmington, North Carolina. (The
administrative record is subject to the provisions of law restricting the disclosure of
confidential information.) Comments should be directed to:
U.S. Army Corps of Engineers
ATTN: Justin McCorcle (CESAW-OC)
PO Box 1890
Wilmington, North Carolina 28402
PUBLIC HEARING: The permittee and all persons who file comments will be
given notice of any hearing held on this case. The permittee and all commenters will
have a reasonable opportunity to be heard and to present evidence at such hearing, if a
hearing is held.

FINAL DECISION: If the permittee does not request a hearing, the District
Engineer may issue the Final Order on this violation on or after 30 days following receipt
of this formal notice by the permittee.
POST DECISION HEARING/APPEAL: Any Final Order issued under these
procedures shall become effective 30 calendar days following its issuance unless (1) a
petition to set aside the order and to hold a hearing is filed by any person who
commented on the Proposed Order and the petition is granted, or (2) an appeal to the
United States District Court is taken under 33 U.S.C. 1319(g)(8).

Re: Foster Formal CPA 05-08A
Subject: Re: Foster Formal CPA 05-08A
From: Roy Brownlow <[e-mail]>
Date: Thu, 05 Jan 2006 12:24:12 -0500
To: Frank Jennings <[e-mail]>
Frank:
For the deed part - I got some information off the county's tax office website. That will probably be
good enough. If we need a copy of the deed, I' m sure Mere jo will let us know.
Thanks,
roy
Frank Jennings wrote:
Roy, I'll get on this asap. Thanks , Frank
Roy Brownlow wrote:
Ted:
Hope you had a pleasant holiday break.
I'm working on the formal CPA against Desmond Foster (05-08A). I know these type of
documents and proceedings are not routine and we haven't had any formal training in
completing such documents. It's not unusual to draw up several drafts. So with that said and
upon review of the long form prepared by Frank Jennings, found that we need the following
information to complete this formal legal document:
1. Need to enclose all required attachments as exhibits. Label each document or
evidence as Exhibit A, B, C, etc and identify each exhibit in the long form as Exhibit A
to correspond accordingly (ie, copy of deed, copy of NOV's, assessments, certified
receipts, restoration agreements, etc).
2. Although it is not in the long form - in this case, especially with the involvement of two
different field reps, it would be helpful to have a compressed chrono history of the
events - from Foster's initial application to the 10/18/2005 letter requesting his penalty
abatement.
3. Item #3 - It would be good to briefly describe the property (ie, vacant lot, mostly marsh
with pockets of high ground, acreage, etc. Just a few sentences describing the
property in this case. Mention the man-made basin contiguous with Slash Creek that
connects to Pamlico Sound.
4. Item #5 - Need to attach a copy of the deed for Foster's property. This can be obtained
from the county office - register of deed's office.
5. Item #6 - Need to list other required permits for this project had it been applied for (ie.
DWQ, COE)
6. Item #7 - Need to describe in detail the nature of the unauthorized development - what
was he doing (excavating marsh substrate for a ditch, constructing a road,
improvements for a subdivision, etc??), who was doing the work, where did the work
occur, when did the development occur, what made it development, details of the
development L x W x D (provide averages if necessary) in addition to the sqft area,
how far from NHW or MHW - was it in the buffer, etc. Need specific details.
1 of 2 1/5/2006 2:43 PM

Re: Foster Formal CPA 05-08A
7. Item #8 (E) - need the area of disturbed high ground within the AEC
8. Item #9 - Who met onsite and purpose of meeting. There is mention of existing spoil
piles and a longer upland area. When were the prior observations made - when and by
who?
9. Item #10 - Need the date and reason of the first inspection. Was there a prior visit to
the property for the bulkhead property? If so, when, who, what was the site at that time
- in other words - the unauthorized activity had not occurred. Was the bulkhead
authorized and permitted? If so, need to attach a copy of the permit.
10. Items 11 & 12 -- enclose attachments.
11. Item #13- In this case, we need to describe why the restoration was accepted, yet we
are citing irreversible or permanent impacts in the penalty recommendation (ie, present
site conditions prevent complete restoration and any further attempt to do so may
cause further detrimental impacts, therefore DCM is accepting the restoration as in
significant compliance.) Need to elaborate on this further.
12. Item #14 - need to correct - 7H .0209(d)(4) I believe would be the correct citation in
addition to the others. Also, need to provide the local LUP year and section - provide
the excerpt text.
13. Item #15 - provide a brief explanation why these particular citations are being
recommended [(4)(B)(iii) and (4)(E)(i)]
14. Item #17 - Need details - when was Foster advised he would need permit - who
advised him, the date he submitted an application, copies of any correspondence, was
he denied or did he just withdraw? Attach copy of application and/or denial letter as
exhibit.
15. in Item #20- need to describe what it is that is being attached (Exhibit A - ???? etc,)
see #1 above.
I know this is time consuming but it's important that this be detailed because if the Director's
penalty gets appealed to Superior Court, then this is one of the legal documents used in
court.
Thanks and if you have any questions, feel free to contact me,
R
Brownlow, Compliance Coordinator
NC Department of Environment and Natural Resources
400 Commerce Ave
Morehead City, NC 28557
Phone: [phone] FAX [phone]
Toll Free: 888.912.CAMA
2 of 2 1/5/2006 2:43 PM

AILF-I'AA
G�`_
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
NOTICE OF VIOLATION
April 15, 2005
CERTIFIED MAIL
RETURN RECEIPT REQUESTED
Mr. Desmond R. Foster, Jr.
P.O. Box 459
Hatteras, NC 27943
,zIs2,,j
Morehead Ci-,
RE:NOTICE OF VIOLATION AND REQUEST TO CEASE UNAUTHORIZED DEVELOPMENT
CAMA VIOLATION #05-08A
Dear Mr. Foster:
This letter confirms that on April 7, 2005, Raleigh Bland of the US Army Corps of Engineers (USACOE),
John Cece, Field Representative for the NC Division of Coastal Management (DCM), and I met you onsite
at your property located adjacent to Slash Creek Condominiums located in or near Hatteras, off INC 12,
Dare County, North Carolina. The purpose of the visit was to investigate unauthorized filling of Coastal
Wetlands and the leveling of two spoil piles adjacent to a man-made basin off Slash Creek.
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 (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. This requirement is imposed
by North Carolina General Statute (N.C,G.S.) I I3A-118.
I have information that indicates you have undertaken or are legally responsible for filling of Coastal
Wetlands and the leveling of two spoil piles adjacent to a man-made basin off Slash Creek. This activity
took place in Coastal Wetlands (CW) and Estuarine Shoreline (ES) that are contiguous with the Slash
Creek. CW and ES areas 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 $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. 11 3A-1 26).
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- 30% Recycled by Fiber Weight

Mr. Desmond R. Foster, Jr.
April 15, 2005
Page 2
It is the policy of the Coastal Resources Commission to levy a minimum civil assessment of $500 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.
You are also in violation of the State's Dredge and Fill Act 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. 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.
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 on April 26, 2005, to
determine whether this REQUEST TO CEASE AND DESIST has been complied with and to assess the
extent of the unauthorized development activity. Restoration will be required at the site and you will be
mailed a restoration plan after my assessment has been made.
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 252-264-3901
Sincerely,
Frank A. Jennings, III
Coastal Management Representative
FAJ/ybc
cc: Ted Tyndall, Assistant Director, DCM, Morehead City
Ted Sampson, District Manager, DCM, Elizabeth City
Roy Brownlow, Compliance Coordinator, DCM, Morehead City
Raleigh Bland, USACOE, Washington

ARA.
NCDENR F !! 7 Z005
North Carolina Department of Environment and Natural Resources
Division of Coastal Management Morehead City DCM
Michael F. Easley, Governor
MEMORANDUM OF RECORD
Charles S. Jones, Director William G. Ross Jr., Secretary
TO: Roy Brownlow, Compliance Coordinator
THROUGH: Ted Sampson, District Manager 7�
FROM: Frank Jennings, Field Representative
DATE: December 22, 2005
SUBJECT: Desmond Foster NOV #05-08A, Formal Assessment Request
Mr. Desmond Foster was issued Notice of Violation #05-08A for unauthorized filling of Coastal
Wetlands on April 15, and issued a restoration order on May 5, 2005. Mr. Foster restored the
site, which was confirmed on September 20, 2005. Mr. Foster was sent an informal assessment
letter on September 23, 2005 requesting that he pay the Department $2,500. On October 18,
2005 we received a letter from Mr. Foster requesting abatement for the penalty. The letter was
addressed to `Division of Coastal Management, Mr. Charles S. Jones, Director' with our address.
Ted Sampson forwarded Mr. Foster's letter to Morehead City on the same day.
To date, we have not received any payment for NOV #05-08A; therefore, I am submitting a
request for a formal assessment.
FJ:yc
Attachment: DCM Enforcement Request, Formal Assessment for NOV #05-08A
1367 U.S. 17 South, Elizabeth City, North Carolina 27909
Phone: [phone] FAX: [phone] \ Internet: www.nocoastalmanagement.net
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DCM ENFORCEMENT REQUEST
(USE WHEN INJUNCTION OR FORMAL ASSESSMENT REQUESTED)
CAMA CASE #05.08A
Type of action requested: FORMAL ASSESSMENT
1. Consultant or LPO & Locality: Frank A. Jennings, III, Field Representative, Elizabeth City
2. Violator's Name: Desmond R. Foster, Jr.
Mailing Address: P.O. Box 459, Hatteras, NC 27943
Home Phone: [phone]
3. Project Location (County, State Road, Waterbody, etc.): Dare County, NC 12, Hatteras Village,
Across from the Hatterasman Drive in Slash Creek.
4. Owner's Name, Address, Phone # [if different]: Same
5. Attach Copy of Deed. ❑ Attachments - NIA — 9-a, `A­x fkACok, tAb
6. Type of Violation: MAJOR
Program: CAMA, D&F
If CAMA Major, list other required permits, etc. If Permit Condition, give Permit # and attach
copy. ❑ Attachments
No permit could have been issued for the wetland fill. The upland grading that occurred could have
been authorized via a minor permit.
7. Describe nature of development under G.S. 1 13-A-1 03(5) or of unauthorized activity under permit:
NOV issued to Mr. Foster for filling 9,900 square feet of Coastal Wetlands and leveling spoil piles
adjacent to a man-made basin off Slash Creek.
8. Area(s) of Environmental Concern Involved:
(A) 1. Coastal Wetlands
2. Estuarine Shoreline
Sq. Ft.: 9,900 sq. ft. total (,u7 ^ 4/tyl&4� tiS a4Z*
(B) Coastal Wetlands:
1. Spartina alterniflora
2. Distichlis spicata
3. Juncus roemerianus
NOTE: area floods on most north winds
Wind or Lunar Tides: Wind Flooded: Occasionally
(C) Estuarine Waters: [sq. ft.]
Excavated Filled Restored Other
Primary Nursery Area? NO

(D) Public Trust Area: [sq. ft.]
Excavated Filled Restored Other
Primary Nursery Area? NO
(E) Estuarine Shoreline [sq. ft.]n
Excavated Filled �P' Restored Other
(F) Coastal Wetlands/Marsh [sq. ft.]
Excavated Filled 9 900 ��estored�90O Other
(G) _-Oceans azar :
Sq. Ft. Impacted:
9. Details of how DCM first learned of violation:
04/07/05, met on site to investigate after noticing work had been done. A bulkhead permit had
been issued, but existing spoil piles were gone. Could be seen from road. Once on site, appeared
that wetlands had been filled and new upland area was longer.
10. Details of first DCM inspection: D« a ,tice' A,-4,'^ /Wh,"'Ty
Bulkhead had been constructed; old spoil piles had been leveled and fill material had been placed v�
onsite and leveled. Fill placed in the marsh.
11. Attach copy of Notice of Violation and Postal Receipt Card or Sheriffs Return. [Same if a
Continuing Notice of Violation.] N Attachments
12. Restoration Required? YES
[If Yes, attach copy of Restoration Request and give restoration deadline if different from one in
Request and explain.] EAftachments
13. Date DCM determined restoration was complete and accepted: 09123/05
14. Would the project have been allowed had a Permit been applied for? NO
[If NO, cite the provisions in the CAMA, Dredge and Fill Law, CRC's Rules, Local Land Use Plan,
etc., which would have been violated].
07H.0205(d); 07H.0208(a)(2)(A); 07H.0204(4)
15. Recommended penalty amount?
$2,500
Cite the specific Rule of the CRC in 7J.0409 and explain why the penalty should be assessed
under it. [If the violation was willful and intentional or continuing, describe the base penalty here
and then any increased or additional penalty below.]
Permit fee $ 400
Penalty4 i � $1,000
Willful/intent 4Ei = 1 400
$2,800 4 $2,500 maximum allowed under 4E.
-2-

y
16. If the violator was a contractor, attach copies of the previous Notices of Violation showing
development in the same AECs and payment of any penalties. ❑ Attachments
(See 710409(f)(4)(G) and explain what the daily amount should be based on the CRC's rules.]
NIA
17. If the violation was willful, describe why, pursuant to 7J.0409(f)(4)(E) or (5)(E), and attach any
supporting documents. ❑ Attachments
Violator had been advised by previous field representatives that a Major Permit would be required
and that Coastal Wetland fill authorization was unlikely. A Major Permit application was withdrawn
by the applicant.
18. If daily penalties are recommended, give the dates on which they should begin and end under
7J.0409(f)(4)(G) and explain what the daily amount should be based on the CRC's rules.
NIA
19. Are there any reasons for increasing or decreasing the penalties or for remitting them under the
CRC's rules? NO
20. Provide any other information or attach any other documents which will help the Attorney General's
office or the Director to understand the violation. E Attachments
NOTE: If this form is not appropriate for a particular violation, write a narrative Enforcement Request, or,
supplement this form as necessary.
NOTE: All Enforcement Requests should be sent to the Attorney General's Office within six (6) months of
when the violation was discovered if no restoration was required, or, when the restoration was
completed. If an injunction was requested, supplement the Injunction Request within six (6)
months of the date the restoration was complete.
SUBMITTED BY: Frank A. Jennings, III
TITLE: Field Representative
DATE: 12/21 /05
DATE REVIEWED BY DISTRICT MANAGER:��� f�� 2
DATE ASSISTANT DIRECTOR REVIEWED:/
-3-

Parcel Number: 015744000 Submit
of Dare, North Carolina
caner Information:
DSTER, DESMOND RJR
O BOX 459
ATTERAS NC 27943
Parcel Information:
Parcel:015744000 PIN:958520905777
District 06 - HATTERAS
Subdivision: SUBDIVISION -NONE
LctBlkSect: Lot: Blk: Sec:
Multiple Lots: -
P1atCabShde: PL: C SL: 197H Units: 1
Deed Date: 10/20/1993 BkPg: 0891/0252
Property Use: Vacant Land (Private)
BUILDING USE and FEATURES
BUSE:
Exterior Walls
Interior Walls
Floors
Roof Cover
Roof Structure
Heat -Fuel
Heat -Type
Air Conditioning
MISCELLANEOUS USE
USE
Hatteras -Undeveloped Acreage
Hatteras -Marshland
Luse6:
LAND AREA: *please see notes below 4.9 Acres
Print Date: 1/4/2006
0 NC 12 HWY
Actual Year Built:
Baths:
Bedrooms:
FINISHED SQ FT: *please see notes below*
Total Willing Value: $17,000
*The Finished Square Footage of the buildings) and the Land Area information is based on data in the Tax Appraisal
program as of May 2005, and will be updated January 2006.
*Finished Square Footage indicates the area of a building that is heated or unheated and has interior Brush The
finished square footage is shown for up to 3 drawings per parcel from the Tax Appraisal program. Usually each
drawing denotes one building. Larger, or more involved buildings sometimes require two or more drawings in the
Tax Appraisal program, and in these cases the finished square footage of these drawings will need to be added
together for the total finished area. The Appraisal office can confirm whether a building involves more than me

Board of Commissioners Financial Info Legals Forms Employment Calendar LaserFiche Service
- ,I 'Public Information Files J Text Menu (Departments
Inquire by Parcel number
'�-�,�XIL File Dale: 12/29/2005
Enter the 9-digit Parcel Number: 1015744000 (No spaces or -'s)
Find Parcel New Search 1 Reset
PARCEL DATA SHEET
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BUILDING PHOTOS
COLLECTIONS
arcel: 015744000
Owner: FOSTER, DESMOND R IR
IN: 958520905777
Owner2: FOSTER, FAYE A
t#: 0 Dir:
Addr: P O BOX 459
C 12 HWY
Addr:
istrict: (06 ] HATTERAS
Addr: HATTERAS NC27943
ubdiv: (0000] SUBDIVISION -
NONE Own nature: ETUX
DtBlkSect: Lot: Blk: Sec:
Deed Date: 10/20/1993
lultipleLots: -
Deed Bk/Pg: 0891/0252
IatCabSlide: PL: C SL: 197H
Units: 1
PUSE: [0010]Vacant Land
2005 Tax Levy Value
Value: 17000
ina Value:
TE VALUE: 17000 1
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A, 174
NCDENR
North Carolina Department of Environment and Natural
Division of Coastal Management
Michael F. Easley, Governor Charles S. Jones, Director
December 14, 2005
Senator Elizabeth Dole
Attention: Ester Clark
310 New Bern Avenue, Suite 122
Raleigh, NC 27699
Dear Ms. Clark:
Resources
William G. Ross Jr., Secretary
C�V' ' I Yrr
Thank you for your letter and inquiry concerning a proposed civil assessment against
Mr. Desmond R. "Buddy" Foster, Jr. Mr. Foster was issued a proposed. civil penalty for
violating the permit requirements of the Coastal Area Management Act. The violation
occurred at Mr. Foster's property located adjacent to Slash Creek, in the community of
Hatteras, Dare County.
I also received Mr. Foster's letter in October and
explain the procedures Mr: Foster would need
remission or reduction. Unfortunately, I learned
omission is being corrected at this time and Mr.
procedures no later than the end of this week.
asked staff at that time to respond and
to follow in requesting a civil penalty
today he was never contacted. This
Foster should be notified of the proper
If you have any further questions concerning this matter, please do not hesitate to
contact me at my Morehead City office.
Si cerely,
S.
Charles S. Jones
Director
400 Commerce Avenue, Morehead City, North Carolina 28557
Phone: [phone] FAX: [phone] Internet: www.nccoastalmanagement.net
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,,ELIZABETH DOLE
NORTH CAROLINA
RALEB OFFIGB:
310 NEW SCAN AVENUE
SUITE 122
RALEIGH, NC 27601
(919) 85"630
FAx: (919) 855A053
'United oStates *[Rate
WASHINGTON, DC 2.0510
December 5, 2005
Mr. Charles Jones
Director, N.C. Coastal Management Divison
NC Department of Environment and Natural Resources
1638 Mail Service Center
Raleigh, NC 27699
Dear Mr. Jones:
COMMITTEES:
ARMED SERVICES
BANKING, HOUSING, AND
URBAN AFFAIRS
SP�ECIb�464NjMIJ7E64N'
CLING
5
A JILx�d9'4if Jt;al Lzr'`•rt sh�stli_w� r`y EL;.piq^,�d.
DEC 0. 7 ?nos
DIV,OF.COASRI LMANAt3WE141
01
A constituent has contacted my office again requesting further assistance
from your agency. Please review the attached additional information regarding
Mr. Buddy Foster, P.O. Box 459, Hatteras, NC 27943.
Please give Mr. Foster's concerns your full attention, and kindly report
your findings to Esther Clark in my Raleigh office, 310 New Bern Avenue, Suite
122, Raleigh, North Carolina 27601.
With my warmest best wishes,
r
ED/emc
GREENI/I—OFNCE: HENDERSONVLLE OFFIGf,: $AIISDUSY OFFICQ:
306 SOUTH EVANS STREET 401 NORTH MAIN STREET 225 NORTH MAIN STREET
GREENVILLE, NC 27858 SUITE 200 SUITE 304
[phone] HENDERSONVILLE, NC 28792 SALISBURY, NC 28144
FAx:[phone] (828)698--3747 [phone]
FAx:[phone] FAX:[phone]
WASXINGTGN OFFICE
555 DIRKSEN SENATE OFACE BUILDING
WASHINGTON, DC 20510
[phone]
FAX:[phone]

illf"';;ii i;Fla ut i1a Ia�e `7' i
➢ ' ,
P.O.0 IF
Hatterae,• 27943
October 14, ?005
NCDEMR
Division Of Coastal management
Mr. Charles S. Jones, Director
1367 US 47 South
Elizabeth City, NC 27909
RE: CAMA VIOLATION #05-08A
Dear Mr. Jones:
Having received the penalty for the alleged filling of wetlands on my
Property on Slash Creek In Hatteras comes as a gn3at disappointment
I.complied with the request of CAMA and
In restoring the,0,9DD square feet of what
coastal wetlands. The factof the matter i.
everyone's surprise except mine there wt
of Coastal Wetland with fill on it over a sti
feet The rest was transitional 404 with bi
roots all still attached.
ie U.S. Army Corp. In. everyway
as supposed to have been
after 'removing the fill, to
approximately 2,000 square feet
tch' of some'050 to 900 linear
r roots,' cedar roots, bay tree
My representative, Dennis Hawthorne was sent to me out of the Elizabeth
City CAMA Office, staked the line in which I filled to by leveling the, existing
hill of dirt and was also discussed wtth'Dennis Hawthorne. There was
4twer any doubt in anyone's mind where the, fill .material was coming from
to backIrill the -bulkhead which I had a permit to constrvci. My position has
never changed and will never change. 1 did exactly to a 'ri"what my CAMA
representative told. me to do.
Dennis received several calls during,myproject.that 1'was flllirig wetlands. -Dent* tame do>ivrt�l�...:
asked me to pull back an area approximately 200 squ are feet to efforts to
ma
ke my neighbor happy. I did this the next daOn another occasion,
Jan. Debleu called DennisDeia and told him 1 had filled in wetlands. Dennis
called me and asked for another on site inspection. We met the following
" •..'�.�Q q ;t4,pL4_4ack.. PnrnvimItn -. .
Property which I did. After this was complete iraall Dennis a nd asked
him to come back and inspect. My bulk headers were present when Dennis
came and had conversation. with all four of us. After this inspection l asked
e
Dennis where we stood on everything. He looked thproperty over and
swirl,"�fouare-goocl-togct,�>�iv#rnen a�ttsFthe

AN-zhar-W&J.0nu.,
" October 14, 201M.-
} Page 2
lylopth:C&fiV:CAhgA-StatvRepVbsec ve-litfto.it-offoii�'eople-coEin ir<iJ-
`40jts . TWO oVdge thive'met vpns w;f91 redrani li`e, �Y�i�i: 3srtatfett�:�,
Raleigh Stand and myself and told your people e)sactly r ehat Dennis
Hawthorne had said. they also told your people that Dennis had been on
the Property several times prior to the last visit.
of i3ny amount Is unprecedented and uncalled for.I am requesting
abatement for the penalty I have been Wrongfully accused of.
�hatd�;yto!q�oryorrei•�F!t#t�:triBtteF:, .
Sincerely, "�A I . I C�
.
>°. tt.
Desmond.R. Fo$terL.Jr.
DRFJ/ff

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����_
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
October 18, 2005
Desmond R. Foster, Jr.
P. O. Box 459
Hatteras, NC 27943
Dear Mr. Foster:
This office received today your letter dated October 14, 2005, addressed to Charles S. Jones,
Director of Tie Division o t at CarElizabeffi —95.
We are forwarding it today to the attention of Mr. Jones at his address:
Charles S. Jones
Director
Division of Coastal Management
400 Commerce Avenue
Morehead City, NC 28557
Sincerely,
Asam n
District Manager
Northeast District
TS:yc
Copy to: Charles S. Jones, Director, NC Division of Coastal Management, Morehead City
Phone:
1367 U.S.17 South, Elizabeth City, North Carolina 27909
252-264-39011 FAX: [phone] Internet: www nccoastalmanacement,net
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Desmond B. Foster, Jr.
P.O. Box 459
Hatteras, NC 27943
Phone [phone]
October 14, 2005
NCDENR
Division of Coastal Management
Mr. Charles S. Jones, Director
1367 US 17 South
Elizabeth City, NC 27909
RE: CAMA VIOLATION #05-08A
Dear Mr. Jones:
OCT 18 Z005
COARi't L V"NACrSI ENT
Having received the penalty for the alleged filling of wetlands on my
property on Slash Creek in Hatteras comes as a great disappointment.
I complied with the request of CAMA and the U.S. Army Corp. In everyway
in restoring the 9,900 square feet of what was supposed to have been
coastal wetlands. The fact of the matter is after removing the fill, to
everyone's surprise except mine there was approximately 2,000 square feet
of Coastal Wetland with fill on it over a stretch of some 850 to 900 linear
feet. The rest was transitional 404 with briar roots, cedar roots, bay tree
roots all still attached.
My representative, Dennis Hawthorne was sent to me out of the Elizabeth
City CAMA Office, staked the line in which I filled to by leveling the existing
hill of dirt and was also discussed with Dennis Hawthorne. There was
never any doubt in anyone's mind where the fill material was coming from
to backfill the bulkhead which I had a permit to construct. My position has
never changed and will never change. I did exactly to a "T" what my CAMA
representative told me to do.
Dennis received several calls during my project that I was filling wetlands.
Dennis came down and inspected several times. On one occasion he
asked me to pull back an area approximately 200 square feet in efforts to
make my neighbor happy. I did this the next day. On another occasion,
Jan Debleu called Dennis and told him I had filled in wetlands. Dennis
called me and asked for another on site inspection. We met the following
week. I was asked to pull back approximately 3' in the front section of the
property which I did. After this was complete I called Dennis and asked
him to come back and inspect. My bulk headers were present when Dennis
came and had conversation. with all four of us. After this inspection I asked
Dennis where we stood on everything. He looked the property over and
said, "You are good to go, it looks good to me." This came out of the

Mr. Charles Jones
October 14, 2005
Page 2
Mouth of my CAMA State Representative in front of four people counting
myself. Two of the three met on site with Ted Tindle, Frank Jennings,
Raleigh Bland and myself and told your people exactly what Dennis
Hawthorne had said. They also told your people that Dennis had been on
the property several times prior to the last visit.
This is not an isolated case with Dennis Hawthorne and there will probably
be more to come. I done exactly what your employee told me to do. A fine
of any amount is unprecedented and uncalled for. I am requesting
abatement for the penalty I have been wrongfully accused of.
Thank you for your assistance in this matter.
Sincerely,
Desmond R. Foster, Jr.
DRFJ/ff

a
v U l n a; 200,zi
Natural Re'Sources"Y UU:,, .
Division of Coastal Management
Michael F. Easley, Governor Charles S. Jones, Director William G. Ross Jr., Secretary
October 18, 2005
Desmond R. Foster, Jr.
P. 0. Box 459
Hatteras, NC 27943
Dear Mr. Foster:
This office received today your letter dated October 14, 2005, addressed to Charles S. Jones,
Director of the Division of Coastal Management, at our Elizabeth City address.
We are forwarding it today to the attention of Mr. Jones at his address:
Charles S. Jones
Director
Division of Coastal Management
400 Commerce Avenue
Morehead City, NC 28557
Sincerely,
e Sam n
District Manager
Northeast District
TS/yc
('opy to: Charles S. Jones, Director, NC Division of Coastal Management, Morehead 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 -- 30% Recycled by Fiber Weight

i
f
(I
Phone [phone]
October 14, 2005
NCDENR
Division of Coastal Management
Mr. Charles S. Jones, Director
1367 US 17 South
Elizabeth City, NC 27909
RE: CAMA VIOLATION #05-08A
Dear Mr. Jones:
-COOS
'✓T
"u
OCT
18 2005
COASTAL. t,6ANAGEMENT
EU�x'G� , ;ATY
Having received the penalty for the alleged filling of wetlands on my
property on Slash Creek in Hatteras comes as a great disappointment.
I compiled with the request of CAMA and the U.S. Army Corp. In everyway
in restoring the 9,900 square feet of what was supposed to have been
coastal wetlands. The fact of the matter is after removing the fill, to
everyone's surprise except mine there was approximately 2,000 square feet
of Coastal Wetland with fill on it over a stretch of some 850 to 900 linear
feet. The rest was transitional 404 with briar roots, cedar roots, bay tree
roots all still attached.
My representative, Dennis Hawthorne was sent to me out of the Elizabeth
City CAMA Office, staked the line in which I filled to by leveling the existing
hill of dirt and was also discussed with Dennis Hawthorne. There was
never any doubt in anyone's mind where the fill material was coming from
to backfill the bulkhead which I had a permit to construct. My position. has
never changed and will never change. I did exactly to a "T" what my CAMA
representative told me to do.
Dennis received several calls during my project that I was filling wetlands.
Dennis came down and inspected several times. On one occasion he
asked me to pull back an area approximately 200 square feet in efforts to
make my neighbor happy. I did this the next day. On another occasion,
Jan Debleu called Dennis and told him I had filled in wetlands. Dennis
called me and asked for another on site inspection. We met the following
week. I was asked to pull back approximately 3' in the front section of the
property which I did. After this was complete I called Dennis and asked
him to come back and inspect. My bulk headers were present when Dennis
came and had conversation with all four of us. After this inspection I asked
Dennis where we stood on everything. He looked the property over and
said, "You are good to go, it looks good to me." This came out of the

Mr. Charles Jones
October 14, 2005
Page 2
0. ri
`- n ZlJf1 y
Mouth of my CAMA State Representative in front of four people c uritin9D
myself. Two of the three met on site with Ted Tindle, Frank Jennings,
Raleigh Bland and myself and told your people exactly what Dennis
Hawthorne had said. They also told your people that Dennis had been on
the property several times prior to the last visit.
This is not an isolated case with Dennis Hawthorne and there will probably
be more to come. I done exactly what your employee told me to do. A fine
of any amount is unprecedented and uncalled for. I am requesting
abatement for the penalty I have been wrongfully accused of.
Thank you for your assistance in this matter.
Sincerely,
Desmond R. Foster, Jr.
DRFJ/ff

�r�p�� 0s-o�
w p \�t/®LtrIE R
North Carolina Department of Environment and Natural Resources
Division of Coastal i'Vianagement
Michael F. Easley, Governor Charles S. Jones, Director William G. Ross Jr., Secretary
December 14, 2005
Senator Elizabeth Dole
Attention: Ester Clark
310 New Bern Avenue, Suite 122
Raleigh, NC 27699
Dear Ms. Clark:
Thank you for your letter and inquiry concerning a proposed civil assessment against
Mr. Desmond R. "Buddy" Foster, Jr. Mr. Foster was issued a proposed civil penalty for
violating the permit requirements of the Coastal Area Management Act. The violation
occurred at Mr. Foster's property located adjacent to Slash Creek, in the community of
Hatteras, Dare County.
I also received Mr. Foster's letter in October and asked staff at that time to respond and
explain the procedures Mr. Foster would need to follow in requesting a civil penalty
remission or reduction. Unfortunately, I learned today he was never contacted. This
omission is being corrected at this time and Mr. Foster should be notified of the proper
procedures no later than the end of this week.
If you have any further questions concerning this matter, please do not hesitate to
contact me at my Morehead City office.
Sincerely,
(U S.
Charles S. Jones
Director
400 Commerce Avenue, Morehead City, North Carolina 28557
Phone: [phone] \ FAX: [phone].\ Internet: www.nccoastalmanagement.net
An Equal Opportunity \ Affirmative Action Employer — 50% Recycled \ 10% Post Consumer Paper

-SLIZABETH DOLE
NORTH CAROLINA
AALELGH 4EF&E:
310 NEW BURN AVENUE
SURE 122
RALEIGH, NC 27601
[phone]
FAx:[phone]
United oStates senate
WASHINGTON, DC 20510
December 5, 2005
Mr. Charles Jones
Director, N.C. Coastal Management Divison
NC Department of Environment and Natural Resources
1638 Mail Service Center .
Raleigh, NC 27699
Dear. Mr. Jones:
COMMMEES:
ARMED SERVICES
BANKING, HOUSING, AND
URBAN AFFAIRS
I � ,,S,ECIALCcQMMIrrEE,,Q;.NGING
t 1 L 1'
t
51/1 .. .n}v�' ♦ 7
DEC n 7 2005
DIV.OFCOASTA,"MMAGEI`041.
RALEIGH
A constituent has contacted my office again requesting further assistance
from your agency. Please review the attached additional information regarding
Mr. Buddy Foster; P.O. Box 459, Hatteras, NC 27943.
Please give Mr. Foster's concerns your full attention, and kindly report
your findings to Esther Clark in my Raleigh office, 310 New Bern Avenue, Suite
122, Raleigh, North Carolina 27601.
With my warmest best wishes,
ED/emc
GREEW1E OFFICE' HENGENSONWLLE OFAC,E: SALISSUHYQEEIS'E:
306 SOUTH Ev"s STREET 401 NORTH MAIN STREET . 225 NORTH MAIN STREET
GREENVILLE, NC 27858 BURR 200 SUITE 304
(252)3291093 HENDERSDNVILLE, NC 28792 SALIs9URY, NC 28144
F=[phone] [phone] [phone]
FAX:[phone] FAx:[phone]
WASHINGTON OFFICE,
555 UIRKSEN SENATE OFFICE BUILDING
WASHINGTON, DC 20510
12021224-6342
FAX [phone]

08affl ome 1. "Mmuggy► F@W@WV Br.
P.O. Box 459
Hatteras, Nb 27943
>phone_(259-) 986-2129 Cell (2521 ciao- e.
October 14, 2005
NCDEfi R
Division of Coastal Management
Mr. Charles S. Jones, Director
1367 Us 17 South
Elizabeth City, NC 27909
RE: CAMA VIOLATION #05-08A
Dear Mr. Jones:
Having received the penalty for the alleged fillingof wetlands on my
property on Slash Creek In Hatteras comes as a great disappointment.
I.complled with the request of CAMA and the ,U.S. Army Corp. In.eyeryway
c restoring the 9,9DD square feet of what was supposed to have been
coastal wetlands. The fact of the matter is after: removing the fill, to
everyone's surprise except mine there was approxlmately_2,000l, td- feet
of Coastal Wetland with fill on It over a stretch'' of some 850 to 900 linear
feet The rest was transitional. 404 with briar roots, cedar roots, bay tree
roots all still attached.
MY representative, Dennis Hawthorne was sent to. me out of the Elizabeth
CityCAMA Office, staked the line in which I filled to by leveling the, existing
hill of dirt and was also discussed with Dennis Hawthorne. There s
we
never any doubt in anyone's mind where the. fill material
to backfill the .bulkhead which I had a permit to construct was position fins
s coming from
never changed and will never change. 1 did exactly to a "T" what representative told me to do. my LAMA
Dennis received several calls during,myproject.that Iwas filling wetlands.
.pia tame down mod. `
seve * p� '� he asked me to pull back an area approximately'200square feet to efforts to
make my neighbor happy. I did this the next day.• On another occasion,
Jan, Debleu called Dennis and told him I had filled in wetlands. Dennis
called me and asked for another on site Inspection. We met the following
•;saseek..,i,ya�.a�ked.;tm: �,�aat.s�tlo�#
PrOOrtywhich I did. After this was complete 1 called Dennis and asked
him to come back and Inspect. My bulk headeis were present when Dennis
came and had conversation. with all four of us. After this inspection I asked
Dennis where we stood on everything. He lookedthe property over and
said, `°aft�uaregovd#crgrt,itlooksgo m starneoutofthe,

t)ctotier 14, 2006.
Page 2
Nftxa tt: rro,.laARIIASt;�:vReprz-.set 4t�eln•i�a ottou '0eopl�'coUntih$-
.:�jrs�l�f. Yivro�`.�fre�trrq:�an���cr��te i��"ritri��s�'�nc's��,��anttJe�lQrirrgs,
Raleigh Bland and mygo'lf and told your people exactly what Dennis
Hawthorne had said. They also told.your people that Dennis had been on
the property several times prior to the last visit.
.This
his i•rieti.an iaoiatG%Gas®;eiuTttieriniiaonrihorne•arssiiie.L;peabai
of grey amount is unprecedented and uncalled for. I am requesting
abatement for the penalty I have been wrongfully accused of.
--hank Ya�[oryo�rr .lei#t iriettee,
Sincerely,
Desmond.R. Foster,.Jr.
DRFJ/ff

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North Carolina
Michael F. Easley, Governor
Desmond R. Foster, Jr.
P. O. Box 459
Hatteras, NC 27943
Dear Mr. Foster:
e�A
NCDENR
Department of Environment and Natural Resources
Division of Coastal Management
Charles S. Jones, Director William G. Ross Jr., Secretary
S\
October 18, 2005
This office received today your letter dated October 14, 2005, addressed to Charles S. Jones,
Director of the Division of Coastal Management, at our Elizabeth City address.
We are forwarding it today to the attention of Mr. Jones at his address:
Charles S. Jones
Director
Division of Coastal Management
400 Commerce Avenue
Morehead City, NC 28557
Sincerely,
e Sam n
District Manager
Northeast District
TS:yycc
(Copy to: Charles S. Jones, Director, NC Division of Coastal Management, Morehead City
1367 U.S.17 South, Elizabeth City, North Carolina 27909
Phone: [phone] \ FAX: [phone] \ Internet: www.ncroastalmanagement.net
An Equal Opportunity \ Affirmative Action Employer — 30% Recycled by Fiber Weight

Desmond R. Foster, Jr.
P.O. Box 459
Hatteras, NC 27943
Phone [phone]
October 14, 2005
NCDENR
Division of Coastal Management
Mr. Charles S. Jones, Director
1367 US 17 South
Elizabeth City, NC 27909
RE: CAMA VIOLATION #05-08A
Dear Mr. Jones:
R C7WED
OCT 18 Z005
COASTAL MANAGEMENT
ELIZwb"... „ IT f
Having received the penalty for the alleged filling of wetlands on my
property on Slash Creek in Hatteras comes as a great disappointment.
I complied with the request of CAMA and the U.S. Army Corp. In everyway
in restoring the 9,900 square feet of what was supposed to have been
coastal wetlands. The fact of the matter is after removing the fill, to
everyone's surprise except mine there was approximately 2,000 square feet
of Coastal Wetland with fill on it over a stretch of some 850 to 900 linear
feet. The rest was transitional 404 with briar roots, cedar roots, bay tree
roots all still attached.
My representative, Dennis Hawthorne was sent to me out of the Elizabeth
City CAMA Office, staked the line in which I filled to by leveling the existing
hill of dirt and was also discussed with Dennis Hawthorne. There was
never any doubt in anyone's mind where the fill material was coming from
to backfill the bulkhead which I had a permit to construct. My position has
never changed and will never change. I did exactly to a "T" what my CAMA
representative told me to do.
Dennis received several calls during my project that I was filling wetlands.
Dennis came down and inspected several times. On one occasion he
asked me to pull back an area approximately 200 square feet in efforts to
make my neighbor happy. I did this the next day. On another occasion,
Jan Debleu called Dennis and told him I had filled in wetlands. Dennis
called me and asked for another on site inspection. We met the following
week. I was asked to pull back approximately 3' in the front section of the
property which I did. After this was complete I called Dennis and asked
him to come back and inspect. My bulk headers were present when Dennis
came and had conversation with all four of us. After this inspection I asked
Dennis where we stood on everything. He looked the property over and
said, "You are good to go, it looks good to me." This came out of the

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Mr. Charles Jones
October 14, 2005
Page 2
Mouth of my CAMA State Representative in front of four people counting
myself. Two of the three met on site with Ted Tindle, Frank Jennings,
Raleigh Bland and myself and told your people exactly what Dennis
Hawthorne had said. They also told your people that Dennis had been on
the property several times prior to the last visit.
This is not an isolated case with Dennis Hawthorne and there will probably
be more to come. I done exactly what your employee told me to do. A fine
of any amount is unprecedented and uncalled for. I am requesting
abatement for the penalty I have been wrongfully accused of.
Thank you for your assistance in this matter.
Sincerely,
Desmond R. Foster, Jr.
DRFJlff

F!.w 1 to bodba-11 Lynn
0 0 OL W D U 4
wom W.2 :1 -wonyuj� W07 1 -, no- T AM
VISO -

Permit: USACE General Permit No. 197800080
Uti; 1 2 ZuuS
Morehead Uti
PROPOSED ADMINISTRATIVE PENALTY ORDER
Under the authority granted by 33 U.S.C. § 1319(g) and 33 CFR Part 326.6, I,
Colonel John E. Pulliam, Jr., District Engineer, Wilmington District, propose to issue this order assessing
a Class I Administrative Penalty for violation of the above -referenced permit.
Name/Address of Permittee:
Mr. Desmond R Foster, Jr.
Post Office Box 459
Hatteras, North Carolina 27943
Permitted Activity:
The construction of a bulkhead and retaining wall on property located off NC Highway 12, adjacent to
Slash Creek and the Pamlico Sound, in Hatteras, Dare County, North Carolina, consistent with the
application and plans for USACE General Permit No. 197800080, and State CAMA Permit No. 37329-A
Condition(s) or Limitation(s) of Permit Reportedly Violated:
Mr. Foster failed to comply with special condition (e) of the permit, which states, "This general permit
does not authorize the construction or placement of structures nor the discharge of fill material within
Department of the Army jurisdictional wetlands, seagrass or submerged aquatic vegetation."
Description of the Natare of the Violation(s):
Mr. Foster discharged unauthorized fill material into approximately 9,900 square feet (0.22-acre) of high
quality wetlands subject to Department of the Army Regulatory jurisdiction.
I propose to assess a Class I Administrative Penalty against the permittee in this case for $ 5,000;
however, this proposal is subject to revision in the interest of justice after all evidence and comments
have been received and reviewed. The amount that may be assessed as a Class I Administrative Penalty
may not exceed $11,000 per individual violation or a maximum amount of $27,500.
Issued this -A-
Issued of December 2005.
John E. Pf M
Colonel, U.S.
District Emdr

DEPARTMENT OF THE ARMY
Wilmington District, Corps of Engineers
Post Office Box 1890
Wilmington, North Carolina 28402-1890
Action ID No. 200510898 December 2, 2005
PUBLIC NOTICE
INTERESTED PARTIES: The District Engineer, Wilmington District, proposes
- to issue an order assessing a:Class I Administrative Penalty against Mr. Desmond R.
Foster, Jr., for a violation of permits granted under Section 404 of the Clean Water Act
and Section 10 of the Rivers and Harbors Act of 1899.
PERMITS INVOLVED AND ALLEGED VIOLATION: The Department of
the Army issued General Permit No. 197800080 to Mr. Foster on May 14, 2004, through
the North Carolina Division of Coastal Management Permit Program pursuant to 15A
NCAC 07H.I100, and assigned the project Action ID No. 200510898. This permit
authorized the construction of a bulkhead and retaining wall on Mr. Foster's property,
located off N.C. Highway 12, adjacent to Slash Creek and the Pamlico Sound, in
Hatteras, Dare County, North Carolina.
Permit No. 197800080 was violated as follows:
The pennittee discharged unauthorized earthen fill material into approximately
9,900 square feet (0.22-acre) of high quality wetlands subject to Department of the Army
Regulatory jurisdiction. Mr. Foster failed to comply with special condition (e) of the
permit, which states, "This general permit does not authorize the construction or
placement of structures nor the discharge of fill material within Department of the Army
jurisdictional wetlands, seagrass or submerged aquatic vegetation."
In response to the enforcement action for Permit No. 197800080, Mr. Foster was
required to restore pre -project elevations and contours to the impacted area. The
restoration activities were coordinated thorough state and Federal resource management
agencies and included the mechanical removal of all unauthorized fill material placed
within jurisdictional wetlands. Mr. Foster completed the restoration work to the
satisfaction of all involved agencies.
AUTHORITY FOR PROCEEDING: This Administrative Penalty proceeding
is initiated under the authority of 33 U.S.C. 1319(g) and 33 CFR Part 326.6. The
procedure for assessing civil penalties in cases such as this is set out in the statute and the

regulation. Following the discovery and investigation of a violation of a permit, notice is
given to the permittee, the appropriate state agency, and the public: The permittee, the
state, or any member of the public may file comments within 30 days. If requested by the
permittee, a hearing will be held before a Presiding Officer who will submit a report and
recommend a decision to the District Engineer. The District Engineer will issue a Final
Order on the case to the permittee. Public participation in the hearing is permitted if a
hearing is held.
PENALTY PROPOSED: The amount of the penalty proposed in this case is
$5,000. This proposal is subject to revision in the interest of justice after all evidence and
comments have been received and reviewed. The amount of the penalty that the District
Engineer is authorized to assess as a Class I Penalty is $11,000 per violation and not
more than $27,500 total. In a case involving multiple violators, each violator is subject to
a separate, not joint, penalty.
REQUEST FOR HEARING: The permittee has 30 days following receipt of
this formal notice of proposed penalty to request a hearing. Written request, by the
permittee, for a hearing should be directed to the District Engineer within this designated
comment period and must state the specific reasons for requesting a public hearing. The
request should specify, in summary form, the factual and legal issues in dispute and the
specific grounds for defense. The permittee has a right to present evidence at the hearing;
however, he may not challenge the permit condition or limitation, which is the subject
matter of this order.
CONIMENTS/AMUNISTRATIVE RECORD: During the 30 day comment
period, any person may submit written comments on the proposed Penalty Order. These
comments should be sent to the District Engineer by 4:30 p.m., January 3, 2005. Any
submitted comments will be included in the administrative record relating to the
Proposed Order. All information submitted by the permittee and persons commenting on
the Proposed Order will be placed in the administrative record, which will be available
for inspection during regular business hours at the U.S. Army Corps of Engineers,
Wilmington District, 69 Darlington Avenue, Wilmington, North Carolina. (The
administrative record is subject to the provisions of law restricting the disclosure of
confidential information.) Continents should be directed to:
U.S. Army Corps of Engineers
ATTN: Justin McCorcle (CESAW-OC)
PO Box 1890
Wilmington, North Carolina 28402
PUBLIC HEARING: The permittee and all persons who file comments will be
given notice of any hearing held on this case. The permittee and all commenters will
have a reasonable opportunity to be heard and to present evidence at such hearing, if a
hearing is held.

FINAL DECISION: If the permittee does not request a hearing, the District
Engineer may issue the Final Order on this violation on or after 30. days following receipt
of this formal notice by the permittee.
POST DECISION HEARING/APPEAL: Any Final Order issued under these
procedures shall become effective 30 calendar days following its issuance unless (1) a
petition to set aside the order and to hold a hearing is filed by any person who
commented on the Proposed Order and the petition is granted, or (2) an appeal to the
United States District Court is taken under 33 U.S.C. 1319(g)(8).
Distri

,.T, 7—
Permit: USACE General Permit No. 197800080 2 `t,u�
PROPOSED ADMINISTRATIVE PENALTY ORDER
Under the authority granted by 33 U.S.C. § 1319(g) and 33 CFR Part 326.6, I,
Colonel John E. Pulliam, Jr., District Engineer, Wilmington District, propose to issue this order assessing
a Class I Administrative Penalty for violation of the above -referenced permit.
Name/Address of Permittee:
Mr. Desmond R. Foster, Jr.
Post Office Box 459
Hatteras, North Carolina 27943
Permitted Activity:
The construction of a bulkhead and retaining wall on property located off NC Highway 12, adjacent to
Slash Creek and the Pamlico Sound, in Hatteras, Dare County, North Carolina, consistent with the
application and plans for USACE General Permit No. 197800080, and State CAMA Permit No. 37329-A
Condition(s) or Limitation(s) of Permit Reportedly Violated:
Mr. Foster failed to comply with special condition (e) of the permit, which states, "This general permit
does not authorize the construction or placement of structures nor the discharge of fill material within
Department of the Army jurisdictional wetlands, seagrass or submerged aquatic vegetation."
Description of the Nature of the Violation(s):
Mr. Foster discharged unauthorized fill material into approximately 9,900 square feet (0.22-acre) of high
quality wetlands subject to Department of the Army Regulatory jurisdiction.
I propose to assess a Class I Administrative Penalty against the permittee in this case for $ 5,000;
however, this proposal is subject to revision in the interest of justice after all evidence and comments
have been received and reviewed. The amount that may be assessed as a Class I Administrative Penalty
may not exceed $11,000 per individual violation or a maximum amount of $27,500.
Issued this Jday of December 2005
blur E. P61M
Colonel, U.S.
District Eneir

DEPARTMENT OF THE ARMY
Wilmington District, Corps of Engineers
Post Office Box 1890
Wilmington, North Carolina 28402-1890
Action ID No. 200510898 December 2, 2005
PUBLIC NOTICE
INTERESTED PARTIES: The District Engineer, Wilmington District, proposes
to issue an order assessing a Class I Administrative Penalty against Mr. Desmond R.
Foster, Jr., for a violation of permits granted under Section 404 of the Clean Water Act
and Section 10 of the Rivers and Harbors Act of 1899.
PERMITS INVOLVED AND ALLEGED VIOLATION: The Department of
the Army issued General Permit No. 197800080 to Mr. Foster on May 14, 2004, through
the North Carolina Division of Coastal Management Permit Program pursuant to 15A
NCAC 07H.1100, and assigned the project Action ID No. 200510898. This permit
authorized the construction of a bulkhead and retaining wall on Mr. Foster's property,
located off N.C. Highway 12, adjacent to Slash Creek and the Pamlico Sound, in
Hatteras, Dare County, North Carolina.
Permit No. 197800080 was violated as follows:
The permittee discharged unauthorized earthen fill material into approximately
9,900 square feet (0.22-acre) of high quality wetlands subject to Department of the Army
Regulatory jurisdiction. Mr. Foster failed to comply with special condition (e) of the
permit, which states, "This general permit does not authorize the construction or
placement of structures nor the discharge of fill material within Department of the Army
jurisdictional wetlands, seagrass or submerged aquatic vegetation."
In response to the enforcement action for Permit No. 197800080, Mr. Foster wa;
required to restore pre -project elevations and contours to the impacted area. The
restoration activities were coordinated thorough state and Federal resource management
agencies and included the mechanical removal of all unauthorized fill material placed
within jurisdictional wetlands. Mr. Foster completed the restoration work to the
satisfaction of all involved agencies.
AUTHORITY FOR PROCEEDING: This Administrative Penalty proceeding
is initiated under the authority of 33 U.S.C. 1319(g) and 33 CFR Part 326.6. The
procedure for assessing civil penalties in cases such as this is set out in the statute and the

regulation. Following the discovery and investigation of a violation of a permit, notice is
given to the permittee, the appropriate state agency, and the public. The permittee, the
state, or any member of the public may file comments within 30 days. If requested by the
permittee, a hearing will be held before a Presiding Officer who will submit a report and
recommend a decision to the District Engineer. The District Engineer will issue a Final
Order on the case to the permittee. Public participation in the hearing is permitted if a
hearing is held.
PENALTY PROPOSED: The amount of the penalty proposed in this case is
$5,000. This proposal is subject to revision in the interest of justice after all evidence and
comments have been received and reviewed. The amount of the penalty that the District
Engineer is authorized to assess as a Class I Penalty is $11,000 per violation and not
more than $27,500 total. In a case involving multiple violators, each violator is subject to
a separate, not joint, penalty.
REQUEST FOR BEARING: The permittee has 30 days following receipt of
this formal notice of proposed penalty to request a hearing. Written request, by the
permittee, for a hearing should be directed to the District Engineer within this designated
comment period and must state the specific reasons for requesting a public hearing. The
request should specify, in summary form, the factual and legal issues in dispute and the
specific grounds for defense. The permittee has a right to present evidence at the hearing;
however, he may not challenge the permit condition or limitation, which is the subject
matter of this order.
COMMENTS/ADMINISTRATIVE RECORD: During the 30 day comment
period, any person may submit written comments on the proposed Penalty Order. These
comments should be sent to the District Engineer by 4:30 p.m., January 3, 2005. Any
submitted comments will be included in the administrative record relating to the
Proposed Order. All information submitted by the permittee and persons commenting on
the Proposed Order will be placed in the administrative record, which will be available
for inspection during regular business hours at the U.S. Army Corps of Engineers,
Wilmington District, 69 Darlington Avenue, Wilmington, North Carolina. (The
administrative record is subject to the provisions of law restricting the disclosure of
confidential information.) Continents should be directed to:
U.S. Army Corps of Engineers
ATTN: Justin McCorcle (CESAW-OC)
PO Box 1890
Wilmington, North Carolina 28402
PUBLIC BEARING: The permittee and all persons who file comments will be
given notice of any hearing held on this case. The permittee and all commenters will
have a reasonable opportunity to be heard and to present evidence at such hearing, if a
hearing is held.

FINAL DECISION: If the permittee does not request a hearing, the District
Engineer may issue the Final Order on this violation on or after 30. days following receipt
of this formal notice by the permittee.
POST DECISION HEARING/APPEAL: Any Final Order issued under these
procedures shall become effective 30 calendar days following its issuance unless (1) a
petition to set aside the order and to hold a hearing is filed by any person who
commented on the Proposed Order and the petition is granted, or (2) an appeal to the
United States District Court is taken under 33 U.S.C. 1319(g)(8).
fohn E,
Colone
District

Permit: USACE General Permit No. 197800080 f - 1 u LU05
PROPOSED ADMINISTRATIVE PENALTY ORDER
Under the authority granted by 33 U.S.C. § 1319(g) and 33 CFR Part 326.6, I,
Colonel John E. Pulliam, Jr., District Engineer, Wilmington District, propose to issue this order assessing
a Class I Administrative Penalty for violation of the above -referenced permit.
Name/Address of Permittee:
Mr. Desmond R. Foster, Jr.
Post Office Box 459
Hatteras, North Carolina 27943
Permitted Activity:
The construction of a bulkhead and retaining wall on property located off NC Highway 12, adjacent to
Slash Creek and the Pamlico Sound, in Hatteras, Dare County, North Carolina, consistent with the
application and plans for USACE General Permit No. 197800080, and State CAMA Permit No. 37329-A
Condition(s) or Limitation(s) of Permit Reportedly Violated:
Mr. Foster failed to comply with special condition (e) of the permit, which states, "This general permit
does not authorize the construction or placement of structures nor the discharge of fill material within
Department of the Army jurisdictional wetlands, seagrass or submerged aquatic vegetation."
Description of the Nature of the Violation(s):
Mr. Foster discharged unauthorized fill material into approximately 9,900 square feet (0.22-acre) of high
quality wetlands subject to Department of the Army Regulatory jurisdiction.
I propose to assess a Class I Administrative Penalty against the permittee in this case for $ 5,000;
however, this proposal is subject to revision in the interest of justice after all evidence and comments
have been received and reviewed. The amount that may be assessed as a Class I Administrative Penalty
may not exceed $11,000 per individual violation or a maximum amount of $27,500.
Issued this _ _L day of December 2005.
Jolin E. M I
Colonel, U.S.
District Eneir

DEPARTMENT OF THE ARMY
Wilmington District, Corps of Engineers
Post Office Box 1890
Wilmington, North Carolina 28402-1890
Action ID No. 200510898 December 2, 2005
PUBLIC NOTICE
INTERESTED PARTIES: The District Engineer, Wilmington District, proposes
to issue an order assessing a Class I Administrative Penalty against Mr. Desmond R.
Foster, Jr., for a violation of permits granted under Section 404 of the Clean Water Act
and Section 10 of the Rivers and Harbors Act of 1899.
PERAHTS INVOLVED AND ALLEGED VIOLATION: The Department of
the Army issued General Permit No. 197800080 to Mr. Foster on May 14, 2004, through
the North Carolina Division of Coastal Management Permit Program pursuant to 15A
NCAC 07H.1100, and assigned the project Action ID No. 200510898. This permit
authorized the constriction of a bulkhead and retaining wall on Mr. Foster's property,
located off N.C. Highway 12, adjacent to Slash Creek and the Pamlico Sound, in
Hatteras, Dare County, North Carolina.
Permit No. 197800080 was violated as follows:
The permittee discharged unauthorized earthen fill material into approximately
9,900 square feet (0.22-acre) of high quality wetlands subject to Department of the Army
Regulatory jurisdiction. Mr. Foster failed to comply with special condition (e) of the
permit, which states, "This general permit does not authorize the construction or
placement of structures nor the discharge of fill material within Department of the Army
jurisdictional wetlands, seagrass or submerged aquatic vegetation."
In response to the enforcement action for Permit No. 197800080, Mr. Foster was
required to restore pre -project elevations and contours to the impacted area. The
restoration activities were coordinated thorough state and Federal resource management
agencies and included the mechanical removal of all unauthorized fill material placed
within jurisdictional wetlands. Mr. Foster completed the restoration work to the
satisfaction of all involved agencies.
AUTHORITY FOR PROCEEDING: This Administrative Penalty proceeding
is initiated under the authority of 33 U.S.C. 1319(g) and 33 CFR Part 326.6. The
procedure for assessing civil penalties in cases such as this is set out in the statute and the

regulation. Following the discovery and investigation of a violation of a permit, notice is
given to the permittee, the appropriate state agency, and the public: The permittee, the
state, or any member of the public may file comments within 30 days. If requested by the
permittee, a hearing will be held before a Presiding Officer who will submit a report and
recommend a decision to the District Engineer. The District Engineer will issue a Final
Order on the case to the permittee. Public participation in the hearing is permitted if a
hearing is held.
PENALTY PROPOSED: The amount of the penalty proposed in this case is
$5,000. This proposal is subject to revision in the interest of justice after all evidence and
comments have been received and reviewed. The amount of the penalty that the District
Engineer is authorized to assess as a Class I Penalty is $11,000 per violation and not
more than $27,500 total. In a case involving multiple violators, each violator is subject to
a separate, not joint, penalty.
REQUEST FOR HEARING: The permittee has 30 days following receipt of
this formal notice of proposed penalty to request a hearing. Written request, by the
permittee, for a hearing should be directed to the District Engineer within this designated
comment period and must state the specific reasons for requesting a public hearing. The
request should specify, in summary form, the factual and legal issues in dispute and the
specific grounds for defense. The permittee has a right to present evidence at the hearing;
however, he may not challenge the permit condition or limitation, which is the subject
matter of this order.
COMMENTS/ADMINISTRATIVE RECORD: During the 30 day comment
period, any person may submit written comments on the proposed Penalty Order. These
comments should be sent to the District Engineer by 4:30 p.m., January 3, 2005. Any
submitted comments will be included in the administrative record relating to the
Proposed Order. All information submitted by the permittee and persons commenting on
the Proposed Order will be placed in the administrative record, which will be available
for inspection during regular business hours at the U.S. Army Corps of Engineers,
Wilmington District, 69 Darlington Avenue, Wilmington, North Carolina. (The
administrative record is subject to the provisions of law restricting the disclosure of
confidential information.) Continents should be directed to:
U.S. Army Corps of Engineers
ATTN: Justin McCorcle (CESAW-OC)
PO Box 1890
Wilmington, North Carolina 28402
PUBLIC HEARING: The permittee and all persons who file comments will be
given notice of any hearing held on this case. The permittee and all commenters will
have a reasonable opportunity to be heard and to present evidence at such hearing, if a
hearing is held.

FINAL DECISION: If the permittee does not request a hearing, the District
Engineer may issue the Final Order on this violation on or after 30. days following receipt
of this formal notice by the permittee.
POST DECISION BEARING/APPEAL: Any Final Order issued under these
procedures shall become effective 30 calendar days following its issuance unless (1) a
petition to set aside the order and to hold a hearing is filed by any person who
commented on the Proposed Order and the petition is granted, or (2) an appeal to the
United States District Court is taken under 33 U.S.C. 1319(g)(8).
fthn E
Colone
Districl

Regulatory Division
Action ID No. 200510898
DEPARTMENT OF THE ARMY
WILMINGTON DISTRICT, CORPS OF ENGINEERS
PO BOX 1890
WILMINGTON NC 28402-1890
December 2, 2005
11
GkC i 2 2005
Morehead City DCM
Mr. Charles Jones, Director
Division of Coastal Management
North Carolina Department of Environment
and Natural Resources
400 Commerce Avenue
Morehead City, North Carolina 28557
Dear Mr. Jones:
By letter dated May 6, 2005, Mr. Desmond R. Foster, Jr., was notified of alleged
violations of permit conditions or limitations resulting in the discharge of fill material in waters
of the United States on his property located off N.C. Highway 12, adjacent to Slash Creek and
the Pamlico Sound, in Hatteras, Dare County, North Carolina. Our District Engineer proposes to
assess a Class I Administrative Penalty under the authority of 33 U.S.C. § 1319(g) and 33 CFR
Part 326.6. We are required to furnish you a copy of the Proposed Order and the information
contained in the enclosed Public Notice.
You may provide written comments on the Proposed Penalty Order at anytime within
30 calendar days after receipt of this notice. Your comments should be addressed to the District
Engineer, care of Mr. Justin McCorcle, Office of Counsel, Wilmington District, U.S. Army
Corps of Engineers, P.O. Box 1890, Wilmington, North Carolina 28402,
The violator may also provide written comments and/or request a hearing on the Proposed
Penalty Order at anytime within 30 calendar days after receipt of this notice. A request for a
hearing must be in writing, specifying in summary form the factual and legal issues that are in
dispute and the specific factual and legal grounds for the defense.
If the violator does not request a hearing, the District Engineer will withdraw, issue, or
modify and issue the enclosed Proposed Order as a Final Order. The decision will be based on
the administrative record, including any comments and/or evidence submitted by the violator and
members of the public. All evidence will be considered, and the decision will be based on a
preponderance of the evidence, that is, on the greater weight of evidence that is credible and
convincing to the mind.

. a.
-2-
Please direct any questions regarding this matter to Mr. McCorcle at the address provided
above, or by telephone at [phone].
Sincerely,
S. Kenneth Jolly
Chief, Regulatory Division
Enclosures
Copies Furnished (with enclosures):
Ted Tyndall
North Carolina Division of Coastal Management
400 Commerce Avenue
Morehead City, NC 28557
Merrie Jo Alcoke
North Carolina Division of Coastal Management
400 Commerce Avenue
Morehead City, NC 28557

R Fc- � ^'
Permit: USACE General Permit No. 197800080 Da 1 2 2005
PROPOSED ADMINISTRATIVE PENALTY ORDMore'head City DCM
Under the authority granted by 33 U.S.C. § 1319(g) and 33 CFR Part 326.6, I,
Colonel John E. Pulliam, Jr., District Engineer, Wilmington District, propose to issue this order assessing
a Class I Administrative Penalty for violation of the above -referenced permit.
Name/Address of Permittee:
Mr. Desmond R. Foster, Jr.
Post Office Box 459
Hatteras, North Carolina 27943
Permitted Activity:
The construction of a bulkhead and retaining wall on property located off NC Highway 12, adjacent to
Slash Creek and the Pamlico Sound, in Hatteras, Dare County, North Carolina, consistent with the
application and plans for USACE General Permit No. 197800080, and State CAMA Permit No. 37329-A
Condition(s) or Limitation(s) of Permit Reportedly Violated:
Mr. Foster failed to comply with special condition (e) of the permit, which states, "This general permit
does not authorize the construction or placement of structures nor the discharge of fill material within
Department of the Army jurisdictional wetlands, seagrass or submerged aquatic vegetation."
Description of the Nature of the Violation(s):
Mr. Foster discharged unauthorized fill material into approximately 9,900 square feet (0.22-acre) of high
quality wetlands subject to Department of the Army Regulatory jurisdiction.
I propose to assess a Class I Administrative Penalty against the permittee in this case for $ 5,000;
however, this proposal is subject to revision in the interest of justice after all evidence and comments
have been received and reviewed. The amount that may be assessed as a Class I Administrative Penalty
may not exceed $11,000 per individual violation or a maximum amount of $27,500.
Issued this /day of December 2005.
aolin E. P60
Colonel, U.S.
District Enein

DEPARTMENT OF THE ARMY
Wilmington District, Corps of Engineers
Post Office Box 1890
Wilmington, North Carolina 28402-1890
Action ID No. 200510898 December 2, 2005
PUBLIC NOTICE
INTERESTED PARTIES: The District Engineer, Wilmington District, proposes
to issue an order assessing a Class I Administrative Penalty against Mr. Desmond R.
Foster, Jr., for a violation of permits granted under Section 404 of the Clean Water Act
and Section 10 of the Rivers and Harbors Act of 1899.
PERMITS INVOLVED AND ALLEGED VIOLATION: The Department of
the Army issued General Permit No. 197800080 to Mr. Foster on May 14, 2004, through
the North Carolina Division of Coastal Management Permit Program pursuant to 15A
NCAC 07H.1100, and assigned the project Action ID No. 200510898. Thispermit
authorized the construction of a bulkhead and retaining wall on Mr. Foster's property,
located off N.C. Highway 12, adjacent to Slash Creek and the Pamlico Sound, in
Hatteras, Dare County, North Carolina.
Permit No. 197800080 was violated as follows:
The permittee discharged unauthorized earthen fill material into approximately
9,900 square feet (0.22-acre) of high quality wetlands subject to Department of the Army
Regulatoryjurisdiction. Mr. Foster failed to comply with special condition (e) of the
permit, which states, "This general permit does not authorize the construction or
placement of structures nor the discharge of fill material within Department of the Army
jurisdictional wetlands, seagrass or submerged aquatic vegetation."
In response to the enforcement action for Permit No. 197800080, Mr. Foster was
required to restore pre -project elevations and contours to the impacted area. The
restoration activities were coordinated thorough state and Federal resource management
agencies and included the mechanical removal of all unauthorized fill material placed
within jurisdictional wetlands. Mr. Foster completed the restoration work to the
satisfaction of all involved agencies.
AUTHORITY FOR PROCEEDING: This Administrative Penalty proceeding
is initiated under the authority of 33 U.S.C. 1319(g) and 33 CFR Part 326.6. The
procedure for assessing civil penalties in cases such as this is set out in the statute and the

regulation. Following the discovery and investigation of a violation of a permit, notice is
given to the permittee, the appropriate state agency, and the public. The permittee, the
state, or any member of the public may file comments within 30 days. If requested by the
permittee, a hearing will be held before a Presiding Officer who will submit a report and
recommend a decision to the District Engineer. The District Engineer will issue a Final
Order on the case to the permittee. Public participation in the hearing is permitted if a
hearing is held.
PENALTY PROPOSED: The amount of the penalty proposed in this case is
$5,000. This proposal is subject to revision in the interest of justice after all evidence and
comments have been received and reviewed. The amount of the penalty that the District
Engineer is authorized to assess as a Class I Penalty is $11,000 per violation and not
more than $27,500 total. In a case involving multiple violators, each violator is subject to
a separate, not joint, penalty.
REQUEST FOR HEARING: The permittee has 30 days following receipt of
this formal notice of proposed penalty to request a hearing. Written request, by the
permittee, for a hearing should be directed to the District Engineer within this designated
comment period and must state the specific reasons for requesting a public hearing. The
request should specify, in summary form, the factual and legal issues in dispute and the
specific grounds for defense. The permittee has a right to present evidence at the hearing;
however, he may not challenge the permit condition or limitation, which is the subject
matter of this order.
CODBMNTS/ADMMSTRATIVE RECORD: During the 30 day comment
period, any person may submit written comments on the proposed Penalty Order. These
comments should be sent to the District Engineer by 4:30 p.m., January 3, 2005. Any
submitted comments will be included in the administrative record relating to the
Proposed Order. All information submitted by the permittee and persons commenting on
the Proposed Order will be placed in the administrative record, which will be available
for inspection during regular business hours at the U.S. Army Corps of Engineers,
Wilmington District, 69 Darlington Avenue, Wilmington, North Carolina. (The
administrative record is subject to the provisions of law restricting the disclosure of
confidential information.) Comments should be directed to:
U.S. Army Corps of Engineers
ATTN: Justin McCorcle (CESAW-OC)
PO Box 1890
Wilmington, North Carolina 28402
PUBLIC HEARING: The penmittee and all persons who file comments will be
given notice of any hearing held on this case. The permittee and all commenters will
have a reasonable opportunity to be heard and to present evidence at such hearing, if a
hearing is held.

FINAL DECISION: If the permittee does not request a hearing, the District
Engineer may issue the Final Order on this violation on or after 30 days following receipt
of this formal notice by the permittee.
POST DECISION HEARING/APPEAL: Any Final Order issued under these
procedures shall become effective 30 calendar days following its issuance unless (1) a
petition to set aside the order and to hold a hearing is filed by any person who
commented on the Proposed Order and the petition is granted, or (2) an appeal to the
United States District Court is taken under 33 U.S.C. 1319(g)(8).
Colone
Distria
N1_

DEPARTMENT OF THE ARMY
WILMINGTON DISTRICT, CORPS OF ENGINEERS
PO BOX 1890
WILMINGTON NC 28402-1890
December 2, 2005
Regulatory Division
Action ID No. 200510898
Mr. Charles Jones, Director
Division of Coastal Management
North Carolina Department of Environment
and Natural Resources
400 Commerce Avenue
Morehead City, North Carolina 28557
Dear Mr. Jones:
1 2 2005
Morehead City DCM
By letter dated May 6, 2005, Mr. Desmond R. Foster, Jr., was notified of alleged
violations of permit conditions or limitations resulting in the discharge of fill material in waters
of the United States on his property located off N.C. Highway 12, adjacent to Slash Creek and
the Pamlico Sound, in Hatteras, Dare County, North Carolina. Our District Engineer proposes to
assess a Class I Administrative Penalty under the authority of 33 U.S.C. § 1319(g) and 33 CFR
Part 326.6. We are required to fiumish you a copy of the Proposed Order and the information
contained in the enclosed Public Notice.
You may provide written comments on the Proposed Penalty Order at anytime within
30 calendar days after receipt of this notice. Your comments should be addressed to the District
Engineer, care of Mr. Justin McCorcle, Office of Counsel, Wilmington District, U.S. Army
Corps of Engineers, P.O. Box 1890, Wilmington, North Carolina 28402.
The violator may also provide written comments and/or request a hearing on the Proposed
Penalty Order at anytime within 30 calendar days after receipt of this notice. A request for a
hearing must be in writing, specifying in summary form the factual and legal issues that are in
dispute and the specific factual and legal grounds for the defense.
If the violator does not request a hearing, the District Engineer will withdraw, issue, or
modify and issue the enclosed Proposed Order as a Final Order. The decision will be based on
the administrative record, including any comments and/or evidence submitted by the violator and
members of the public. All evidence will be considered, and the decision will be based on a
preponderance of the evidence, that is, on the greater weight of evidence that is credible and
convincing to the mind.

-2-
Please direct any questions regarding this matter to Mr. McCorcle at the address provided
above, or by telephone at [phone].
Sincerely,
S. Kenneth Jolly
Chief, Regulatory Division
Enclosures
Copies Furnished (with enclosures):
Ted Tyndall
North Carolina Division of Coastal Management
400 Commerce Avenue
Morehead City, NC 28557
Merrie Jo Alcoke
North Carolina Division of Coastal Management
400 Commerce Avenue
Morehead City, NC 28557

4
Permit: USACE General Permit No. 197800080 pl—'r�
PROPOSED ADMINISTRATIVE PENALTY ORDER i;r_ 12 Z
Under the authority granted by 33 U.S.C. § 1319(g) and 33 CFR PAW I, 005
Colonel John E. Pulliam, Jr., District Engineer, Wilmington District, propose to issue this order asse /�
a Class I Administrative Penalty for violation of the above -referenced permit. 1`'M
Name/Address of Permittee:
Mr. Desmond R Foster, Jr.
Post Office Box 459
Hatteras, North Carolina 27943
Permitted Activity:
The construction of a bulkhead and retaining wall on property located off NC Highway 12, adjacent to
Slash Creek and the Pamlico Sound, in Hatteras, Dare County, North Carolina, consistent with the
application and plans for USACE General Permit No. 197800080, and State CAMA Permit No. 37329-A
Condition(s) or Limitation(s) of Permit Reportedly Violated:
Mr. Foster failed to comply with special condition (e) of the permit, which states, "Ibis general permit
does not authorize the construction or placement of structures nor the discharge of fill material within
Department of the Army jurisdictional wetlands, seagrass or submerged aquatic vegetation."
Description of the Natare of the Violation(s):
Mr. Foster discharged unauthorized fill material into approximately 9,900 square feet (0.22-acre) of high
quality wetlands subject to Department of the Army Regulatory jurisdiction.
I propose to assess a Class I Administrative Penalty against the permittee in this case for $ 5,000;
however, this proposal is subject to revision in the interest of justice after all evidence and comments
have been received and reviewed. The amount that may be assessed as a Class I Administrative Penalty
may not exceed $11,000 per individual violation or a maximum amount of $27,500.
Issued this /day of December 2005.
aolin E. Pfillii
Colonel, U.S.
District Eneir

DEPARTMENT OF THE ARMY
Wilmington District, Corps of Engineers
Post Office Box 1890
Wilmington, North Carolina 28402-1890
Action ID No. 200510898 December 2, 2005
PUBLIC NOTICE
INTERESTED PARTIES: The District Engineer, Wilmington District, proposes
to issue an order assessing a Class I Administrative Penalty against Mr. Desmond R.
Foster, Jr., for a violation of permits granted under Section 404 of the Clean Water Act
and Section 10 of the Rivers and Harbors Act of 1899.
PERMITS INVOLVED AND ALLEGED VIOLATION: The Department of
the Army issued General Permit No. 197800080 to Mr. Foster on May 14, 2004, through
the North Carolina Division of Coastal Management Permit Program pursuant to 15A
NCAC 07H.1100, and assigned the project Action ID No. 200510898. This permit
authorized the construction of a bulkhead and retaining wall on Mr. Foster's property,
located off N.C. Highway 12, adjacent to Slash Creek and the Pamlico Sound, in
Hatteras, Dare County, North Carolina.
Permit No. 197800080 was violated as follows:
The permittee discharged unauthorized earthen fill material into approximately
9,900 square feet (0.22-acre) of high quality wetlands subject to Department of the Army
Regulatoryjurisdiction. Mr. Foster failed to comply with special condition (e) of the
permit, which states, "This general permit does not authorize the construction or
placement of structures nor the discharge of fill material within Department of the Army
jurisdictional wetlands, seagrass or submerged aquatic vegetation."
In response to the enforcement action for Permit No. 197800080, Mr. Foster was
required to restore pre -project elevations and contours to the impacted area. The
restoration activities were coordinated thorough state and Federal resource management
agencies and included the mechanical removal of all unauthorized fill material placed
within jurisdictional wetlands. Mr. Foster completed the restoration work to the
satisfaction of all involved agencies.
AUTHORITY FOR PROCEEDING: This Administrative Penalty proceeding
is initiated under the authority of 33 U.S.C. 1319(g) and 33 CFR Part 326.6. The
procedure for assessing civil penalties in cases such as this is set out in the statute and the

regulation. Following the discovery and investigation of a violation of a permit, notice is
given to the permittee, the appropriate state agency, and the public. The permittee, the
state, or any member of the public may file comments within 30 days. If requested by the
permittee, a hearing will be held before a Presiding Officer who will submit a report and
recommend a decision to the District Engineer. The District Engineer will issue a Final
Order on the case to the permittee. Public participation in the hearing is permitted if a
hearing is held.
PENALTY PROPOSED: The amount of the penalty proposed in this case is
$5,000. This proposal is subject to revision in the interest of justice after all evidence and
comments have been received and reviewed. The amount of the penalty that the District
Engineer is authorized to assess as a Class I Penalty is $11,000 per violation and not
more than $27,500 total. In a case involving multiple violators, each violator is subject to
a separate, not joint, penalty.
REQUEST FOR HEARING: The permittee has 30 days following receipt of
this formal notice of proposed penalty to request a hearing. Written request, by the
permittee, for a hearing should be directed to the District Engineer within this designated
comment period and must state the specific reasons for requesting a public hearing. The
request should specify, in summary form, the factual and legal issues in dispute and the
specific grounds for defense. The permittee has a right to present evidence at the hearing;
however, he may not challenge the permit condition or limitation, which is the subject
matter of this order.
COM NIENTS/ADMINISTRATIVE RECORD: During the 30 day comment
period, any person may submit written comments on the proposed Penalty Order. These
comments should be sent to the District Engineer by 4:30 p.m., January 3, 2005. Any
submitted comments will be included in the administrative record relating to the
Proposed Order. All information submitted by the permittee and persons commenting on
the Proposed Order will be placed in the administrative record, which will be available
for inspection during regular business hours at the U.S. Army Corps of Engineers,
Wilmington District, 69 Darlington Avenue, Wilmington, North Carolina. (The
administrative record is subject to the provisions of law restricting the disclosure of
confidential information.) Comments should be directed to:
U.S. Army Corps of Engineers
ATTN: Justin McCorcle (CESAW-OC)
PO Box 1890
Wilmington, North Carolina 28402
PUBLIC HEARING: The permittee and all persons who file comments will be
given notice of any hearing held on this case. The permittee and all commenters will
have a reasonable opportunity to be heard and to present evidence at such hearing, if a
hearing is held.

FINAL DECISION: If the permittee does not request a hearing, the District
Engineer may issue the Final Order on this violation on or after 30 days following receipt
of this formal notice by the penmittee.
POST DECISION HEARING/APPEAL: Any Final Order issued under these
procedures shall become effective 30 calendar days following its issuance unless (1) a
petition to set aside the order and to hold a hearing is filed by any person who
commented on the Proposed Order and the petition is granted, or (2) an appeal to the
United States District Court is taken under 33 U.S.C. 1319(g)(8).
Sohn E,
Colone
Districl

DEPARTMENT OF THE ARMY
WILMINGTON DISTRICT, CORPS OF ENGINEERS
PO BOX 1890
WILMINGTON NC 28402-1890
December 2, 2005
Regulatory Division
Action ID No. 200510898
Gr_l ; , 1L)U5
Morehead City DCM
Ms. Cyndi Karoly
Division of Water Quality
North Carolina Department of Environment
and Natural Resources
1650 Mail Service Center
Raleigh, North Carolina 27699-1650
Dear Ms. Karoly:
By letter dated May 6, 2005, Mr. Desmond R. Foster, Jr., was notified of alleged
violations of permit conditions or limitations resulting in the discharge of fill material in waters
of the United States on his property located off N.C. Highway 12, adjacent to Slash Creek and
the Pamlico Sound, in Hatteras, Dare County, North Carolina. Our District Engineer proposes to
assess a Class I Administrative Penalty under the authority of 33 U.S.C. § 1319(g) and 33 CFR
Part 326.6. We are required to furnish you a copy of the Proposed Order and the information
contained in the enclosed Public Notice.
You may provide written comments on the Proposed Penalty Order at anytime within
30 calendar days after receipt of this notice. Your comments should be addressed to the District
Engineer, care of Mr. Justin McCorcle, Office of Counsel, Wilmington District, U.S. Army
Corps of Engineers, P.O. Box 1890, Wilmington, North Carolina 28402.
The violator may also provide written comments and/or request a hearing on the Proposed
Penalty Order at anytime within 30 calendar days after receipt of this notice. A request for a
hearing must be in writing, specifying in summary form the factual and legal issues that are in
dispute and the specific factual and legal grounds for the defense.'
If the violator does not request a hearing, the District Engineer will withdraw, issue, or
modify and issue the enclosed Proposed Order as a Final Order. The decision will be based on
the administrative record, including any comments and/or evidence submitted by the violator and
members of the public. All evidence will be considered, and the decision will be based on a
preponderance of the evidence, that is, on the greater weight of evidence that is credible and
convincing to the mind.

A
-2-
Please direct any questions regarding this matter to Mr. McCorcle at the address provided
above, or by telephone at [phone].
Enclosures
Copies Furnished (with enclosures):
Mr. Charles Jones, Director
Division of Coastal Management
North Carolina Department of Environment
and Natural Resources
400 Commerce Avenue
Morehead City, North Carolina 28557
Mr. Danny Smith
Division of Water Quality
Surface Water Protection
Section
1617 Mail Service Center
Raleigh, North Carolina 27699-1628
Sincerely,
(:�� _ 1-2>��� Do Ot
S. Kenneth Jolly
Chief, Regulatory Division

Foster NOV 05-08A
Subject: Foster NOV 05-08A
From: Yvonne Carver <[e-mail]>
Date: Mon, 31 Oct 2005 10:27:56 -0500
To: Roy Brownlow <Roy.Brownlow@ncmail. net>, "Ted.Tyndall"
<Ted.Tyndall@ncmail. net>
CC: Ted Sampson <Ted. Sampson@ncmail. net>
Ted Sampson requested that I send you an update on the Desmond 'Buddy" Foster
violation file, as Mr. Sampson is having some technical difficulties with his computer
and his email.
The last items of correspondence we have in the Foster NOV file are:
the assessment letter dated 09/23/05 (we have verification that the letter was
received on 09/27/05 by Faye Foster); and
a letter received on 10/18/05 to Charles Jones, addressed to 1367 US 17
South, from Mr. Foster expressing his dissatisfaction of receiving the penalty
(Ted responded to Mr. Foster that we were forwarding his letter to the correct
address in Morehead City.
Currently, our office has not received the penalty assessment fee of $2500.
Yvonne B. Carver
Administrative Assistant
. efUCri,
A
is
ig
1367 US 17 South
Elizabeth City, NC 27909
Phone: [phone]
Fax: [phone]
loft

61
Q
NCDENR
North Carolina Department of Environment and Natural Resources
Division of Coastal Management P.10r(_
Michael F. Easley, Governor Charles S. Jones, Director William G. Ross Jr., Secretary
September 23, 2005
ISB B
Mr. Desmond R. Foster, Jr. __X_TB 1Z-RB
P.O. Box 459
Hatteras, NC 27943 �—
RE:RESTORATION ACCEPTANCE - CAMA VIOLATION #05-08A
Dear Mr. Foster:
This letter is in reference to the Notice of Violation #05-08A sent to you dated May 5, 2005 for
the filling of 9,900 square feet of Coastal Wetlands and the leveling of the spoil piles adjacent to
a man-made basin off Slash Creek, within the Coastal Wetlands and Estuarine Shoreline Areas
of Environmental Concern. The violation took place on your property located adjacent to Slash
Creek Condominiums located in or near Hatteras Village, off NC 12, Dare County, North
Carolina. This unauthorized activity constituted development and you were requested to remove
the unauthorized fill material. In accordance with the North Carolina Administrative Code, Title
15A, Subchapter 7J.0410, any violation involving development which is inconsistent with
guidelines for development within Areas of Environmental Concern must be corrected by
restoring the project site to pre -development conditions to recover lost resources or to prevent
further resource damage.
I conducted a site visit at the aforementioned property on September 20, 2005 to inspect the
restoration of the unauthorized activity addressed in the Notice of Violation #05-08A. Based on
this inspection, it appears the restoration is accomplished to the satisfaction of this Division.
Upon my submission of an enforcement report, you will be notified as to the amount of the civil
penalty for undertaking this unauthorized activity within an Area of Environmental concern.
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 252-264-3901.
Sincerely,
Frank A. Jennings, III
Coastal Management Representative
FAJ:ybc
cc: Ted Tyndall, Assistant Director, DCM, Morehead City
[Ted Sampson, District Manager, DCM, Elizabeth City
Roy Brownlow, Compliance Coordinator, DCM, Morehead City
Raleigh Bland, USACOE, Washington
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— 30% Recycled by Fiber Weight

DCM ENFORCEMENT TRACKING REPORT
�C,{a14 SC-7() V {rJGS Issuer Violation Base No. o5—og
Field Rep. A B C D
LPO
Violated Permit No.
LPJ �D m.1— 4— C C ^ (itapplicable)
Violation Description // Was /a--ctivity permittable? Yes 'U
Zole-r( GI Cv/T/ o«
Initial Discovery Date LL 7 Oy Discovery Method _40 S lvc
Violation DescriPLRn n . n 1 /i 0 —1% J_ Q _
/nsame AEC: Yes I No
Respondent Information Prior VtolaYonSin
\/1
(Landowner/Agent/Contractor).
Respondent Name(s) Ir
Address fi b0 )L S y city #�_ State .t1� Zip
1? G 4 g Fax #
Phone #
n
64OLP_6y; .o
Email
Violation Type: Project Type: Authorizations Required:
site Visits Respondent Site Visits
. Present
Respondent'
Present
SrNo Permit PrivatelCommunity CAMA Major
Lf " as f
❑
❑ Permit Condition ❑ Govt./Public ❑ Minor ;E0 D&F
S n
/�
❑
❑ Expired Permit ❑ Commercial ❑ General
ao GS
❑
54 Inconsistent wl Rules
Violation Location and Site Description
Rover File
Project Location: County % PL Cam rY
Shoreline Length •f SOO
Street Address/ State Road/ Lot #(s) I—AuQ c4f%Si4CG7UT pO
SAM Notsure (�p No
I�;}_s&� CpA.Ad Ml/JG Al /—,4o1ec.-'
Sandbags: Not Sure Yes
,.
—
Subdivi/sio.�n�-.,,u����P� �
PNA: Yes 0
ORW: Yes 0
Adjacent
Adjacent
City ti w t I +� i /e ZIP a2� 4
Crit. Hab. Yes (°
River Basin lC=—
Photos Yes Na
Phone# (_).--
�i�14C.� ad nk _
Adj. Wtr. Body —
Waiver Required Yes ®°
In DWQ Buffer Area Yes
Closest Maj. W[r. Body /)"4
Specify DWQ Buffer if applicable:
Restoration
Extension Granted (9 No
NOV Date S d o�,,
CNOV Date —
Penalty Assessment
Sent to Respondent Date
Rcvd by DCM Date
Assessment Extended Yes No
Initial Req. Comp. Date C b
_ Restoration Letter
Date Comp. Observed �� Acceptance Date
71.01109 Ref. i Recomm. Assess. I DCM Assess.
App./Permit Fee
Penalty
Willful/Intent.
/ s Continuing
Zjff Other
door— r(,aane� CoG''M� `
eve
$ e.{ oo
I$ / op �$
,4 L— r jS /yoo .�i5
Is S
i$ — Is
Total
I.

Formal Assessments, Appeals and Reductions
Date Long Form Submitted
Date Formal CPA Submitted
Final Assessment $
Attorney General's Office for Injunction or Formal Collection
Assessment Appealed Yes No
❑ Penalty modified
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 Affe d: Wetlands Impacted?. (� No If yes, which types:
EW PTA r PTS
OEA HHF IH (WC Cl •� TY
SSS C
PWS: FC: SP IF IF F 40 404
Restoration Required by the Respondent Yes / No
Dimensions in excess Dimensions to restore Final dimensions Actually restored
of permit/ unauthorized activities allowed
Development Activities
Habitat Description
9.9'0o rt�
NOTES:
i
MOM
� 1. /L /i/ • � ♦ •1 -- I' � ,
, 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 Charles S. Jones, Director William G. Ross Jr., Secretary
September 23, 2005
CERTIFIED MAIL
RETURN RECEIPT REQUESTED
Mr. Desmond R. Foster, Jr.
P.O. Box 459
Hatteras, NC 27943
RE: CAMA VIOLATION #05-08A
Dear Mr. Foster:
-i-ALLSB B
,X—TB F, RB
MTT
This letter is in reference to the Notice of Violation dated May 5, 2005 that Mr. Frank
Jennings, representative for the Division of Coastal Management, issued to you for the
filling of 9,900 square feet of Coastal Wetlands and the leveling of spoil piles adjacent to a
man-made basin off Slash Creek in or near Hatteras Village, off NC 12, Dare County. The
violation involved the Coastal Wetlands and Estuarine Shoreline, which are Areas of
Environmental Concern designated by the Coastal Resources Commission. Based upon
the site visit conducted on September 20, 2005 by Mr. Jennings, 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 $2,500 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 $2,500 made payable to the North Carolina Department of Environment
and Natural Resources (NCDENR); and, (3) return the signed agreement and payment to
this office in the enclosed, self-addressed envelope within ten (10) days of your receipt of
this letter. Upon deposit of your check in the Department's account, you will receive a
Notice of Compliance officially closing this enforcement action.
1367 U.S. 17 South, Elizabeth City, North Carolina 27909
Phone: [phone] FAX: [phone] Internet: www.nccoastalmanagement.net
An Equal Opponunity 1 Affirmative Action Employer - 50% Recycled 110% Post Consumer Paper

Desmond R. Foster, Jr.
September 23, 2005
Page 2 of 2
If you do not send a signed agreement and payment to this office within ten (10) days, the
Director of the Division of Coastal Management (DCM) will formally assess a civil penalty
against you. You will then have the opportunity to request a hearing on the penalty or
request remission of the penalty.
Thank you for your time and cooperation in resolving this important matter. If you have any
questions, please do not hesitate to contact me at [phone].
Sincerely,
' ed Sam son
District Manager
TS:yc
Enclosures
cc/ Ted Tyndall, Assistant Director, DCM, Morehead City
I Roy Brownlow, Compliance Coordinator, DCM, Morehead City
LLLL_________ Frank Jennings, Coastal Management Representative, DCM, Elizabeth City
Raleigh Bland, USACOE, Washington

Desmond R. Foster, Jr.
f September 23, 2005
-` Page 3 of 3
1 CAMA VIOLATION #05-08A
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 $2,500 against me for violation
of the Coastal Area Management Act, NCGS 113A-100 et sec, committed on or near my
property located adjacent to Slash Creek Condominiums in or near Hatteras Village, 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 May 5, 2005, and agree to pay the proposed civil assessment of $2,500.
DATE SIGNATURE
.ADDRESS
TELEPHONE NUMBER

ARA.
NCDENR
North Carolina Department of Environment and Natural Resources
Division of Coastal Management
Michael F. Easley, Governor Charles S. Jones, Director William G. Ross Jr., Secretary
CERTIFIED MAIL
RETURN RECEIPT REQUESTED
Mr. Desmond R. Foster, Jr.
P.O. Box 459
Hatteras, NC 27943
RE: CAMA VIOLATION #05-08A
Dear Mr. Foster:
August 25, 2005 n
RPE
S EP 0 2 2005
Morehead City pCM
This correspondence confirms my August 16, 2005 meeting with Mr. Raleigh Bland, LISACOE, and you on
site at your property located off NC Highway 12, adjacent to Slash Creek and the Pamlico Sound, in
Hatteras, Dare County, NC. The purpose of the meeting was to inspect the restoration work you have done
at the site as requested in my May 5, 2005 Notice of Violation letter to you for filling 9,900 square feet of
Coastal Wetlands.
Our inspection of the site revealed that you have restored the elevation of the wetland area adjacent to the
Dixon property. This area is approximately 30 feet wide and 140 feet long and is located at the head of the
basin that separates your property from Dixon's property.
Our inspection also revealed that the elevation of the marsh area that was filled behind the existing spoil
berm that is bulkheaded needs to have at least an average of four (4) inches of fill material removed from
the disturbed area. This area is approximately 18 feet wide and 260 feet long.
As a means to prevent any fill material from re-entering the adjacent marsh, a knee wall or retaining wall
may be constructed along the restoration alignment as agreed to on site. The alignment must be approved
and staked by me prior to commencement of construction. No wet jetting will be allowed to construct this
retaining wall. Once the retaining wall is complete, you must remove 15 feet of the existing bulkhead that is
identified in my May 5, 2005 restoration plan.
All existing silt fences must be properly installed.
Once the requested restoration has been completed, you will be notified as to the amount of the civil
assessment for undertaking development without first obtaining the proper permit(s).
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— 30% Recycled by Fiber Weight

Desmond R. Foster, Jr.
August 25, 2005
Page 2
Thank you for your time and cooperation in this important matter. Please contact me as soon as you are
ready for me to stake the retaining wall alignment. You may contact me at 252-264-3901.
Sincerely,
Frank A. Jennings,//III
Coastal Management Representative
FAJ/ybc
cc: Ted T nd ssistant Director, DCM, Morehead City
Ted Sam son, District Manager, DCM, Elizabeth City
oy Brownl , ompliance Coordinator, DCM, Morehead City
Ra eig land, USACOE, Washington

08-Sep-05 NC DIVISION OF COASTAL MANAGEMENT ENFORCEMENT RECORD
CASE STATUS
CASE NUMBER LAST NAME FIRST NAME BUSINESS NAME:
• CASE IS OPEN I FOSTER, JR. DESMOND
CASE IS CLOSED
Previous Violations in Same AEC
NOV DATE CLOSURE DATF Elapsed Days AFFLILIATION SECTOR ❑ for Similar Activities
4i15/2005 F_ 1 146 ']PROPERTYOWNE PRIVATE
MAILING ADDRESS CITY STATE ZIP CODE PHONE NUMBER
POB 459 HATTERAS NC 27943-
PROPERTY ADDRESS COMMUNITY WATERBODY NEAREST ROAD
SLASH CREEK CONDOS HATTERAS SLASH CREEK HWY 12
DISTRICT OFFICE COUNTY DCM REPRESENTATIVE LPO CONTACT
ECDO J DARE 1JENNINGS
VIOLATION TYPE
-AFFECTED AEC(S) J. CW [I EW ❑PTA d❑ ES El PTS�
MAJOR CAMA plus DREDGE AND FILL OEA ❑ HHFA j I IHA ElPWS ElNCRA
NATURE OF VIOLATION AEC DESCRIPTION CW.ES
horized major development and violation of the State Uredge & FIII Law by placement and grading of till material
the CW and ES AECS adjacent to a man-made basin off Slash Creek.
[RESTORATIONSTATUS ---- -- ----- -----
t
RESTORATION NOT REQUIRED - CONTRACTOR
RESTORATION NOT REQUIRED - PERMITTABLE DEVELOPMENT
i RESTORATION NOT REQUIRED - FURTHER IMPACTS
I
�] RESTORATION PENDING
PENALTY STATUS - -
jJ PENALTY ISSUED
❑ PENALTY NOT ISSUED
❑ CONRACTOR'S FIRST OFFENSE
RESTORATION REQUEST DATE COMPLETION DATE
5/15/2005 1
❑ RESTORATION EXTENDED RESTORE DATE
DEADLINE F
EXTENDED
REFERRED TO AG'S OFFICE - COLLECTION
REFERRED TO AG'S OFFICE - INJUNCTION
ASSESSMENT DATE PENALTY AMOUNT COLLECTION DATE AMOUNT COLLECTED`
I - Ill
WILLFUL INTENTIONAL PENALTY (MIN. OR DOUBLED) ❑ CNOV ISSUED
SETTLED, AGREED UPON, OR STIPULATED PENALTY I -I PENALTY APPEALED
_. UNCOLLECTIBLE PENALTY
Violations Involving Adversely Impacted Resources
AMOUNT OF ADVERSELY DISTURBED AREA (SQ. FT.)
AMOUNT OF RESTORED AREA (SO. FT) I
NOTES
Restoration partially
❑ FORMAL CPA ISSUED

La
POYNERMSPRUILL LLP
ATTORNEYS -AT -LAW
June 10, zoos
VIA FACSIMILE AND REGULAR MAIL
M. Ted Tyndall
H. Glenn Dunn
Attomey-at-Law
Direct Dial: 919.783.2842
[e-mail]
www.poynerspruill.conn
Other offices: Charlotte, Rocky Mount,
Southern Pines
Division of Coastal Management
400 Commerce Avenue
Morehead City, N.C. 28557
Re: Desmond Foster — NOV and Request to Cease Unauthorized Development
CAMA Violation # 05-08A
Dear Mr. Tyndall:
I am writing on behalf of Mr. Foster to request that the deadline for agreeing to a
proposed restoration agreement in this matter be extended until after the meeting scheduled for
July 6, 2005. I appreciate your and the Corps of Engineers' willingness to meet to discuss this
matter further. Mr. Foster is having a survey prepared and is looking for photographs and other
evidence regarding the wetlands jurisdictional line before filling was done. We hope the meeting
will help clarify this issue and the restoration that is necessary, which is our reason for requesting
this extension.
By a copy of this letter to Raleigh Bland, I am requesting the same extension from the
Corps of Engineers. Thank you for your consideration.
Sincerely,
H. Glenn Dunn
HGD:sam
cc: Raleigh Bland, U.S. Army Corps of Engineers
Frank Jennings, III, N.C. Division of Coastal Management
RALEIGM024794-002/449602 vA
3600 Glenwood Avenue, Raleigh, NC 27612 • P.O. Box 10096, Raleigh, NC 27605,0096 , 919.783.6400 Tel • 919.783.1075 Fax

Michael F. Easley
e
M
NCDENR
North Carolina Department of Environment and Natural Resou
Division of Coastal Management
Governor Charles S. Jones, Director William
May 23, 2005
Mr. H. Glenn Dunn
Poyner & Spruill, LLP
P.O. Box 10096
Raleigh, NC 27605.0096
RE: CAMA Violation #05.08A, Desmond R. Foster, Jr.
Dear Mr. Dunn:
This letter is in response to your correspondence dated May 19, 2005 requesting on behalf
of your client, Desmond R. Foster, Jr., an on -site meeting to discuss details of the requested
M restoration lanF dated 5, 2005. Representatives of the North Carolina Division of
Coastal Management Corps ofEngineers"(USAe0E)-1m-r met -'----
on site with your client on April 7 and again on May 4 of this year. During the April lee
meeting, Mr. Foster was advised that he was in violation of the Coastal Area Management
Act (CAMA) and the North Carolina Dredge and Fill Law in that he had filled Coastal
Wetlands without a permit authorizing that activity. He was advised that restoration
would be required. During the May 4th meeting, Mr. Foster was specifically informed of the
restoration requirements to correct the environmental damage he is responsible for
causing.
It is recommended that your client contact me regarding his desire to discuss some of the
details of the restoration plan. It is also recommended that Mr. Foster sign the restoration
agreement and have all restoration done by June 6, 2005. If you have any questions, you
may contact me at 252.264-3901.
Sincerely,
Frank A. ennings, III
Coastal Management Representative
FAJ/ybc
cc: Ted Tyndall, Assistant Director, DCM, Morehead City
Roy Brownlow, Compliance Coordinator, DCM, Morehead City
Raleigh Bland, USACOE, Washington
1367 U.S. 17 South, Elizabeth City, North Carolina 27909
Phone: [phone] FAX: [phone] Internet: www.nocoastalmanagement.net
An Equal Opportunity \ Affirmative Action Employer— 30% Recycled by Fiber Weight

MAY-20-2005 FRI 10:13 AM DCM-DMF E. CITY FAX NO, 252 264 3723 P, 02
FIMAB RA
WOENR
North Carolina Department of Environment and Natural Resources
Division of Coastal Management
Midiael F. Easley, Governor Charles S. Jones, Director William G. Ross Jr, Secretary
May 20, 2005
Mr. II. Glenn Dunn
Poyner & Spruill, T;LP
11.0, Bux 10096
Raleigh, NC 27605.009E
RH; CAMA Violationfk05.08A, Desmond R. Foster, Jr.
Dear Mr. Dunn:
`Phis letter is in response to your correspondence daiod May 19, 2005 requosting on behalf
of your client„ Desmond R. foster, Jr., an on -site meeting to discuss details of the requested
restoration plan dated May 5, 200a. Ropresontatives of the North Carolina Division of
Coastal Management (NC DCM) mid the US Army Corps of Engineers (USACOl:) ]lave met
on site with your client on April 7 and again on Mny 4 of this year. During the April 7o1,
meeting, Mr. Poster was advised that bo was in violation of the Coastal Area Management
Act (CAMA) and the North Cnrolinn Dredge and ]+ill Law in that he had filled Coastal
W(-tlancls without a permit authorizing that activity. He was advised that restoration 4vas• too v X
#adbe required. llurinn the May Oar meeting, Mr. Poster was specifically informed of the
restoration requiromonis to correct the environmental damage he is responsible for
causing.
it is recommended that your client conteact me regarding his desire to discuss some of the
details of the restoration plan. It is talso recommended that Mr. Poster sign the restoration
agreement and have all restoration done by Juno 6, 2005. if you have any questions, you
nlav eentact nio at 252.264.3901,
Sincerely,
Frank A. Jennings, III
Constal Management Representativo
PAJiybe
ec: Ted Tyndall, Assistant Director, DCM, Morehead City
Roy llrownlow, Complianoo Coordinator, DCM, Morcbend City
Raleigh Bland, USACOI:, Washington
1367 U.S.17 South, Ellzabeth City, North Carolina 27909
Phone: [phone]FAX: [phone] Internet: www,nocoastalmanagement.net
An Equal Cpporlunily 1 Alrinna0ve Action Employer- 30% Recycled by Fibor Weight

MAY-20-2005 FRI 05:55 AM DCM—DMF E. CITY FAX NO, 252 264 3723 P. 02/02
ran a;a,ojxvla Cruxam a JrnULLL LLr> IQ,IOUY
POYNER SPRUILLUP
ATT 0 g M 10 -AT- LAW IL Glaga DUhn
Attorney -at -Law
Direct Dial: 919.7132842
hgduan@poy=Mrulll.com
www-poyneaprilll.wm
May 19 2005 01heroRiees: Chaaom Rocky Moon;
Somhem Fines
Frank A. Jennings, III
Coastal Management Representative
Division ofCoastal Management
1367 U.S.17 South
Elizabeth City, N.C. 27909
Re; Desmond R. Foster, Jr. - Notice of Violation and Request to Cease and Desist
Dear -Mr, Jennings:
I am writing as attorney for Mr, Foster to respond to the above -referenced NOV, Mr,
Foster certainly consents to cease and desist any unauthoriacd development on his property
adjacent to Slash Creek. He has reviewed the proposed restoration plan and is agreeable to
implementing it for the most part, but wants to discuss some of the details. In particular, the plan
requites him to remove till material in an area that he Was told by a coastal management offieial
that he could fill. He relied on this opinion and requests that a compromise be reached on the
restoration plan that will allow him to make some reasonable use of the property as a residential
lot.
Please accept this as Mr. Foster's response while a meeting earl be arranged to discuss
some possible changcs in the restoration plan, He would like to meet with you on the site to
discuss au alternative restoration plan. Please contact Mr. roster to arronao the meeting,
SiiacccccrrreeJlly,, •yam J� �
11. Glenn Dunn
HGD:sam
kALM611/0747W0021445654 r,7
3E00 Glcnwoad AWr1Ua, Peleigh, 1.0 27812 - P.O. Box WON, RaWgh. NO E7605.0095 • 919.7aa.e000Te1 o s19.783AD75 Fax

AORaleigh W. Bland, PWS
Regulatory Division
US Army Corps of Engineers
Wilmington District
Washingb ReguWM Field Office Office 252475.1818 a 23
US Army Corps W Ergineere Fa 252W5.13gg
Post Ofiw BM 1000
Wmhirgton, ROM Gr i. 278O m"h.w b ndQusece.armY.mil
www. saw. usace. army. mlUwetlands1reatour

I I JUi-.12.2005 10:16AM USAED WILMINGTON
TO:WASHINGTON FO
NO.146 P.1
CONGRESSMAN
WALTER. Be JONES
�.0�sE� 1 422 Cannon House Office Bldg,
Wasbington, DC 20515
(202)-225-3415 Fax [phone]
Fax Cover Sheet
To:
Fax #:
Re. -
Date:
From:
Jim Medlock
[riot AL a M
Buddy Foster
July 11� 2005
Joshua Bowlen
Wotal pages, lncludin¢ this covet- sheet: 4
low re'c/o45 .
T" the i���lo�
W-N no/l00'd aZ8-1 88d89Zii0i+ SAW P 0341VA NOH-a°ad 009!g0 90-[HMr

i JU,-.12.2005 10:16RM USRED WILMINGTON
NO.146
P.2
JPL-08-06 FRI 04:1U PM FOSTER SURvtys M CLAIMS
To_ Josh Bowling
Fkorn: Buddy Foster
Re: Ptopesty in J3atW006 NC on Slash Creek
DaW July 8, 2005
'AIT 986 2329
Per our telephone conversation an 7uly 8, 2005, information tegarding tkds situation,
8ui11t wA Augnment v -:10'. Dennis staked, met us on site re stalGed and comprised
S/W end, to straighten out. Dennis asked if tlta bacMil for the bulkhead was coming out
o£the hill that was on, the pmpetty that rep the full lcngih ofthe IgIB sactlou. I told him r
was Boiaag to level the hill and In this dirt go as L'ar as it could nAd then haul in what
wmgd be further needed. Dennis told late to put up silt feaccs before I dope any of that
and Let him Cheek it We did, he Cattle down the following week and oh=W it, all OK
We leveled the Hall and had approar. 75-80 Ioads trucked in. A neighbor reported tilling
wet lands. Dennig called and met Me oll site, Area approx. 200 sq. feet was te•staked
and a new fence added the old one left atone. 1)Lrt was removed the next day. noting re-
inapected, all was well. The bulkhead wps under construction at this time, S/W ON was
being wonted on, Dennis called, stated he received a *1 eWA Jars Dableu, said I had
filled in wed=& I was and had been out oftown, we mat on site, he was right and he
asked me to pull bank 34 Peat which I did, He reinspected, all was well, This was about
the end of this PhB$e ofthe ptojeet. NeU was ensineering septic, This has been going on
Sinop Nov. ,-Dec,, 2004 to We April, 2005. In May of 2005 I was approached by
Raleigh Bland with Amy omp, and i nr* lennipga W t CAM,They told me that I`
had been reported for M Meg wetland. I laughed and told #item, that Aly 1Lttla pMjaCt waa
sigk* beside the Slash Crepk Condo ptojeo% the most controversial project ever tq tape
Piave iu Hatteras, I vMs not stupid owgh to do arkvrhing other than what I was approved
to do by my LAMA Representative Dennis Hawthorn. The Corp. and CAMA set up a
m9eting on sire on Inlay A with RaleIABland (Army Corp.), Ted Tindle and Frank
Jennings (CAMA). Core samples was douse by Raleigh Bland showing aeaoxding to theist
approx 17' offof the r 311 had been filled and runs approx 250'.Another area on the
81W aide of property they did not do core samples and stated 30' lG 140' had been filled.
I told them I had no problem vvM whatthoy ware paying but their representative (Aentais
Hewth0m) ARd overseen the entire project and approved all that had boon done, At that
tune I was told to restore what they had MCAVOU04 or it would be referred toU.S. BPA
and their fitted would be much higher than Jhok%, I told them I needed time to consult
with n1y engineer. I got 30 days. In the mmm time I disaessed P. compromise with both
CAMA, and Corp. in the way of mitigation, I was tuned. down, 1 told ibew 1 would have
1u seek cotaAeilr which I did "0 pet up a meeting With Corp. and CAMA AttumeyS with
hc'p o£mitigatang T wan supposed to restoro appras. 9,000 sq, ft of wetlands I
offered ir1,040 sq. ti, en the gains locations and put a cnpsQrvatiou eayrptent ott approx.
3.6
sates. Ted Ttdle, Assistaatt Director of A laughed and said we already hove the
3.5 acres, Its wetland and we will not mitigate, krona that point of the meeting on the
P-PE
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NO.146 P.3
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amount of penalty assessmeat was discussed and the threat of U.$. EPA getting a referral.
lvly,NtMrltey W" feootontWrded to me by my vg&ccr. ,Sa$ mommeadatianl This guy
was toWy clueless. The mitigation I offered leaves me one six bedroom building site
from three five bedroom sites. They reface to negotiate is any tgshion.
The bottom line, I done only Whitt fitly GAYA Representative told me I could do nod
worked with him around 3 atontbs on this projoaL lie inspected this site several times
with witnesses on site.
x Widerstend soMc �Adlpsttou and I ague rolueranntly to reduce my project ftm s lots to
l t4rger Lot, and no fines. 'these guys atebeing completely unreasonable and unwilling
to allow flue atate to take Nome r'ospotaibay fox their own aetuons,
Please help, I have until next Riday to let them know what I plan on doing,
Thank you.
c�
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POYNERPSPRUILL LLP
ATTORNEYS -AT -LAW
H. Glenn Dunn
Attomey-at-Law
Direct Dial: 919.783.2842
h de unn(a)poynersoruill.com
ww w.povnerspruil I. corn
Other offices: Charlotte, Rocky Mount,
Southern Pines
July 15, 2005
Il1L 1 A 2005
VIA FACSIMILE AND REGULAR MAIL
M. Ted Tyndall
Division of Coastal Management
400 Commerce Avenue
Morehead City, N.C. 28557
Re: Desmond Foster Property — Dare County, N.C.
Dear Ted:
Morehead City DCM
As attorney for Mr. Foster, I am writing regarding the Notice of Violation dated May 5,
2005. Mr. Foster agrees to perform the restoration substantially as set out in the restoration plan
which accompanied that letter.
As we discussed by phone, Mr. Foster can gain access to the upland portion of the
property with a bridge from another parcel he owns across wetlands adjacent to the property in
question. He has determined that he can also accommodate a waste treatment system on that
adjacent property, and he wants to connect the system to the property in question with a waste
water line to serve two residential structures. The pipe would be attached to the bridge. He
would also build a retaining wall just above the wetlands that are to be restored to avoid
sedimentation of the wetlands.
Mr. Foster apparently has discussed this preliminarily with Frank Jennings and Raleigh
Bland and was to the bridge and the waste water line could likely be permitted by general permit
and nationwide permit. My reading of the rules confirms this although, as you and I discussed,
there is always the possibility of concerns regarding indirect impacts and neither DCM nor the
Corps can prejudge the matter without more information on the proposal.
By copy of this letter, I am informing Raleigh Bland and Justin McCorcle of the Corps of
Mr. Foster's intention to perform the requested restoration. I would appreciate it if someone
from DCM and the Corps would contact me to further discuss any necessary documentation for
the agreement to restore and to discuss the issue of administrative penalties. Although this
3600 Glenwood Avenue, Raleigh, NC 27612 • P.O. Box 10096, Raleigh, NC 27605.0096 • 919.783.6400 Tel • 919.783.1075 Fax

POYNEROSPRUILL LLP
rp
ATTORNEYS -AT-LAW
M. Ted Tyndall : 1-
June 9, 2005
Page 2 PI JUL 1 8
matter has been acrimonious at times, I feel the penalties lv
shoulwl lr ll'oi 1`n`considerahon of
Mr. Foster having be led by a DCM official to believe that the filling in question was
permissible. Also, I would like to discuss the procedure for permitting the bridge and waste
water line discussed discussed above.
Sincerely,
HGD:bhi
cc: Desmond Foster, U.S. Army Corps of Engineers
Merrie Jo Alcoke
Raleigh Bland, U.S. Army Corps of Engineers
Justin McCorcle
RALEIGIV024794-0021453279 v.1 07/15/05

07/15/2005 17:05 FAX
.z
0 001/003
POYN ER
SPRU I LL t LP FAX COVER SHEET
ATTORNEYS -AT-LAW
The information contained in the attached communication may be protected by attomey/client privilege. If you believe that it has been
sent to you In error, do not read It. Please call 919.793.2919 and explain that you have received this communication in error. Then
destroy it, or return it to the sender. 'honk you.
gtrcu/ar 230 PALTo ensure compliance with requirements imposed by the IRS, unless specifically indicated otherwise, any tax
advice contained In this communication (including any attachments) was not intended or written to be used, and cannot be used, for the
purpose of avoiding tax related penalties or promoting, marketing or recommending to another patty any tax related matter addressed
L-
TO
Name
Company
Telephone No.
Fax No.
M. Ted Tyndall
Division of Coastal
[phone]
[phone]
Management
Desmond Roderic
Foster, Jr.
[phone]
[phone]
Meredith Alcoke
Department of Justice
[phone]
[phone]
Raleigh Bland
[phone]
Justin McCorcic
[phone]
[phone]
TOTAL PAGES
(Including This Cover Sheet): - 3 -
SUBJECT:
FROM
Name:
H. Glenn Dunn
Telephone:
919.793.2842
Date:
July 15, 2005
Time: 4:28 PM
COMMENTS:
Please see attached letter.
k 453278
3a00 Garwood Avmwe, Raleigh, NC 27612 . P.O. Box 10096, Raleigh, NC 27605.0096 . 919.763.6400 Tel [phone] Foe

07/15/2005 17:05 FAX
t
10002/003
POYNER SPRUILLLLP
ATTORNEYS -AT -LAW
July 15,2005
VIA FACUMILE AND REGULAR MAIL
M. Ted Tyndall
Division of Coastal Management
400 Commerce Avenue
Morehead City, N.C. 28557
Re: Desmond Foster Property — Dare County, N.C.
Dear Ted:
H. Glenn Dunn
Attorney -at -Law
Dircet Dial: 919.793.2942
I py s h2dunn a.00vnorsvmill.com
e !-✓1 w ,novnersnnzill.com
Other onicu: Charlotte, Rocky Mourn,
SoWhem Pines
As attorney for Mr_ Foster, I am writing regarding the Notice of Violation dated May 5,
2005. Mr. Foster agrees to perform the restoration substantially as set out in the restoration plan
which accompanied that letter.
As we discussed by phone, Mr. Foster can gain access to the upland portion of the
property with a bridge from another parcel he owns across wetlands adjacent to the property in
question. He has determined that he can also accommodate a waste treatment system on that
adjacent property, and he wants to connect the system to the property in question with a waste
water line to serve two residential structures. The pipe would be attached to the bridge. He
would also build a retaining wall just above the wetlands that are to be restored to avoid
sedimentation of the wetlands.
Mr. Foster apparently has discussed this preliminarily with Frank Jennings and Raleigh
Bland and was to the bridge and the waste water line could likely be permitted by general permit
and nationwide permit. My reading of the rules confirms this although, as you and I discussed,
there is always the possibility of concerns regarding indirect impacts and neither DCM nor the
Corps can prejudge the matter without more information on the proposal,
By copy of this letter, I am informing Raleigh Bland and Justin McCorcle of the Corps of
Mr. Foster's intention to perform the requested restoration. I would appreciate it if someone
from DCM and the Corps would contact me to further discuss any necessary documentation for
the agreement to restore and to discuss the issue of administrative penalties. Although this
r�^
ll
3600 Olanwond Avenue, Raleigh, NO 27612 s P.O. Box 10096. Raleigh. NO 27605,0098 , 919.783.6400 Tel • 819.783.1075 Fox

07/15/2005 17:05 FAX 1M003/003
POYNER SPRUILI, LLP
ATTOA41Y5•AT•LAW
M. Ted Tyndall
June 9, 2005
Page 2
matter has been acrimonious at times, I feel the penalties should be minimal in consideration of
Mr. Foster having be led by a DCM official to believe that the filling in question was
permissible. Also, I would like to discuss the procedure for permitting the bridge and waste
water line discussed discussed above.
Sincerely,
I�, OR- W11 WMI mom
HGD:bhi
Cc: Desmond poster, U.S. Army Corps of Engineers
Metric Jo Alcoke
Raleigh Bland, U.S. Army Corps of Engineers
Justin McCorcle
kAEIGHM24790. V457279v.l OMS/ui

07/18/2005 11:39 FAX [phone] <POYNER & SPRUILL LLP> 0001/003
POYNER SPRUILLi.Lp FAX COVER SHEET
ATTORNEYS. -AT -LAW
The information contained in the attached communication may be protected by attomey/client privilege. If you believe that it has been
sent to you in error, do not read it: Please call 919.783.2919 and explain that you have received this communication in error. Then
destroy it, or return it to the sendir. Thank you.
Circular 230 Disclosure: To ensure compliance With requirements imposed by the IRS, unless specifically indicated otherwise, any tax
advice contained In this communication (including any attachments) was not Intended or written to be used, and cannot be used, for the
purpose of avoiding tax related penalties or promoting, marketing or recommending to another party any tax related matter addressed
ucu cw.
TO
Name
Company
Telephone No.
Fax No.
M. Ted Tyndall
Yn
Division of Coastal
[phone]
[phone]
Management
Desmond Roderic
Foster, Jr.
[phone]
[phone]
Meredith Aleoke
Department of Justice
[phone]
[phone]
Raleigh Bland
[phone]
Justin McCorcle
[phone]
[phone]
TOTAL, PAGES
(Including This Cover Sheet): - 3 -
SUBJECT:
FROM
Name:
H. Glenn Dunn
Telephone:
919.783.2842
Date:
July 15, 2005
Time: 4:28 PM
COMMENTS:
Please see attached letter.
# 453278
3600 Glenwood Avawe, Raleigh. NC 27812 9 P.O. Box 10096, Raleigh, NO 27605.WM • 919.783.6400 Tel • 919.783.1075 Fax

07/18/2005 11:40 FAX [phone] <POYNER & SPRUILL LLP> IM 002/003
.4
POYNER SPRuLLLLP
ATTO Ii N EY6.AT-LAW
July 15, 2005
VIA FACSIMILE AND REGULAR MAIL.
M. Ted Tyndall
Division of Coastal Management
400 Commerce Avenue
Morehead City, N.C. 28557
Re: Desmond Foster Pro —Dare CouM, N.C.
Dear Ted!
H. Glenn Dunn
Attorncy-at-Law
Direct Dial: 919.793.2942
hvdanrl(51nilgnemnll ll. corn
�yy,ylavnorenrnill.com
Ma offices: Charlotte, Rocky Mount,
Southern Pines
As attorney for Mr. Foster, I am writing regarding the Notice of Violation dated May 5,
2005. Mr. Foster agrees to perform the restoration substantially as set out in the restoration plan
which accompanied that letter.
As we discussed by phone, Mr. Foster can gain access to the upland portion of the
property with a bridge from another parcel he owns across wetlands adjacent to the property in
question. He has determined that he can also accommodate a waste treatment system on that
adjacent property, and be wants to connect the system to the property in question with a waste
water line to serve two residential structures. The pipe would be attached to the bridge. He
would also build a retaining wall just above the wetlands that are to be restored to avoid
sedimentation of the wetlands.
Mr. Foster apparently has discussed this preliminarily with Frank Jennings and Raleigh
Bland and was to the bridge and the waste water line could likely be permitted by general permit
and nationwide permit. My reading of the rules confirms this although, as you and I discussed,
there is always the possibility of concerns regarding indirect impacts and neither DCM nor the
Corps can prejudge the matter without more information on the proposal.
By copy of this letter, I am informing Raleigh Bland and Justin McCorcle of the Corps of
Mr. Foster's intention to perform the requested restoration. I would appreciate it if someone
from DCM and the Corps would contact me to further discuss any necessary documentation for
the agreement to restore and to discuss the issue of administrative penalties. Although this
3600 Glenwood Avenue, Raleigk. NC 27612 • P.D. Box 10096, Raleigh, NO 27605.0096 • 319.763.6400 Tel * 919,783.1075 Fox

07/18/2005 11:40 FAX [phone] <POYNER & SPRUILL LLP> 0 003/000
P❑YNER SPRUIUL���
ATTORNEYS -AT -LAW
M. Ted Tyndall
June 9,2005
Page 2
matter has been acrimonious at times, I feel the penalties should be minimal iv consideration of
Mr. Foster having be led by a DCM official to believe that the filling in question was
permissible. Also, I would like to discuss the procedure for permitting the bridge and waste
waterline discussed discussed above.
Sincerely,
11. Glenn Dunu
HGD:bhi
cc: Desmond Foster, U.S. Army Corps of Engineers
Merrie Jo Alcoke
Raleigh Bland, U.S. Army Corps of Engineers
Justin McCorcle
RALEIGM2,47 d.0021453278 v.1 07f15/05

.JUL.14.2005 12:36PM SENATOR DOLE RALEIGH OFFICE
N0. 0129 b 1
r-
4
United States Senator Eliza eth Dole
310 New Bern Avenue, Sulre 122 + Ralel h, NC 27601
919.856,4630 phone + 919.856,4 53 fax
FAX COVER SHEET
TO: /,411
ORGANIZATION:
I
FROM:
DATE:
130'/ —nVV /-
Esther Clark
OMO5/
# OF PAGES (includes cover):
MESSAGE:
IF ALL PAGES ARE NOT RECEIVED, PJ,F.ASE CALL
CONFIDENTIALITY NOTICE
The document accompanying this tolecopytransmWon contains confidential information belonging to the sender which o
only of the use or the individual or engly named above. If you are not In the Intended Iedplen4 you are hereby notified Ihr
the A g of arty action in reliance or based an the contents or the lelecopied information Is strictly proh@fled. If you have
immediately notify us by lelephone to arrange for the return of the odglnal document to us,
.JUL. 14 2005
Ion Is intended
distribution or
ermr, please
City DCM

14.2005112: 36PM
SSENATOR DOLE RALEIGH OFFICEf
United St.
Em
M
FAX COVER SHEET
To: Debbie Ting
Re: Buddy Foster / Issue with Army Corp of Engine
FAX #:
FROM: Britt Jones
DATE: Monday, July 11, 2005
# OFPWU (Including cowl); 4
Z
4 —
Asa- q��_���
a �2--
0729 PP. 3/6
Dole
27856
Eaz
p:111vrll� i�i'
JUL 14 2005
IF ALL PAGES ARE NOT RECEIVED, PLLUE CALL (252) 3�9-1093.
City DCM

JUL.14.2005 12:36PM SENATOR DOLE RALEIGH OFFICE
NO.0729 P. 2/6
"ELRABETH DOLE
NORTH CAROLINA
°NAB 2�nite Mates $mate
210 Nealn1 AVWuf
Sun C 2
R (Dig)1 NC 37001
19191 eeeae00 WASHINGTON, DC 20510
F.: (91 B)956-4065
July 14, 2005
Mr. Charles Jones
Director, NC Coastal Management Division
NC Department of Environment and Natural Resources
1638 Mail Service Center
Raleigh, NC 27699
Dear Mr. Jones:
COMMR7R5
ARMED SERVICES
BANIONG, HOUSING, AND
URBAN AFFAIRS
SPECIAL COMMITr2! ON AGING
n ^"� ,
d JUL 1 4 ?005
A constituent has contacted my office requesting assistance from
agency, Please review the attached information regarding Buddy Foster,
Box 459, Hatteras, NC 27943 and his urgent concerns with CAMA.
please give Mr, Foster's concerns your Hill attention, and kindly r4port
your findings to Esther Clark in my Raleigh office, 310 New Bern Avenu , Suite
122, Raleigh, North Carolina 27601.
With my wannest best wishes,
i
ED/emc
AMMe�N�U�UKGm xe,nfweenvN�. 9r SAl6�ll6f➢mI -
we Sa In evmff S7Rff7 401 NOn7N M N 9.., 226 Na,iii M.N SiRmi
Gef4,1v:LU, NC 27936 SUM 200 Sun 504
12521320-1093 HEN0eRS01AILL9, NC 20792 BAL6fuer,NC20144
FAx: [phone] IBM 0954747 „ - B2i-6011
Fu: (02e) e6e-1267 FA 17M) 633-2937
City DCm
WA IN97ON SFFIC
555 D'R"n SeNArz Offim 8Vimwe
WREMNOION, DC 20510
(202)224-M42
FM(2021224-1100

U)UL.14.2005112:31PM..02ESENATOR DOLE RALEIGH OFFICE{_01zM9
To:tt3orlt
From: Buddy Foster
Re: Property in Hatteras, NC on Slash Creek
Date; July 11, 2005
919 936,NNO. 0729 FP. 4/6 P-02
�• 7
JUL 1 4 2005
More ead City CCM
Per our telephone conversation on July 11, 2005, information regarding this situation
Bulkhead Alignment 5' —10', Dennis Hawtbom (CAMA) staked, met us on site re -
staked and comprised S/W end, to straighten out Dennis asked if the backfill for the
bulkhead was coming out of the hill that was on the property that ran the fpll length of the
NIB section. I told him I was going to level the hill and let this din go as f?rr as it could
and then haul in what would be further needed. Demos told me to put up silt fences
before I done any of that and let him check it. We did, he came down the following week
and checked it, all OI;, We leveled the hill and had approx. 75-80 loads trucked in, A
neighbor reported filling wet lands. Dennis called and met me on site. Area approx, 200
sq, feet was re -staked and a now fence added the old one left alone. Dirt was removed
the next day, Dennis re -inspected, all was well. 'rfio uakhead was under construction at
this time. S/W end was being worked on, Dennis called, stated he received a call from
Tan Debleu, said I had filled in wetland. I was and had been out of town, we met on site,
he was right and he asked 'me to pullback 3-5 feet which I did. Ha re-insp�rted, all was
well. This was about the end of this phase of the project. Neat was engineering septic,
This has been going on since Nov. — Dec„ 2004 to late April, 2005, In May of 2005 I
was approached by Raleigh Eland with Army Corp. and Frank Jennings with CAMA,
They told me that 1 had been reported for filling wetland. I laughed and told them that
my little project was sirting beside the Slash Crack Condo Project, the most controversial
project ever to take place in Hatteras. I was not stupid enough to do anything other than
what I was approved to do by my CAMA Representative Dennis Hawthorn. The Corp.
and CAMA set up a meeting on site on May 4 with Raleigh Blared (Army Corp.), Ted
Tindle and Frank Jennings (CAMA). Core samples was done by Raleigh Eland showing
according to diem approx, 17' off of the marsh had been filled and runs approx. 250'.
Another area on the S/W side of property they did not do core samples and stated 30' x
140' had been filled. I told them I had no problem with what they were saying but their
representative (Dermis Hawthorn) had overseen the entire project and approved all that
had been done. At that time I was told to restore what they had mentioned or it would be
referred to U.S. EPA and their fines would be much higher than theirs. I told them 1
needed time to consµlt with my engineer. 1 got 30 days. In the mean Limo f discussed a
compromise with both CAMA and Corp, in the way _t'mitigation, I was turned down I
told them I would have to seek council, which I did. He set up a meeting w�h Corp, and
CAMA. Attorneys with hopes of mitigating. I was supposed to restoro approx. 9,000 sq.
ft. of wetlands. I offered 14,000 sq. tL on the same locations and put a conservation
easement on approx. 3.5 acres. Ted Tindle, Assistant Director of CAMA laughed and
said we already have the 3.5 acres, its wetland and we will not mitigate. From that point

i jJUL. 14. 2005112:31PM �.,SSENATOR DOLE RALEIGH OFFICEi „=Me eie 9,e6pNO. 0729 FP. 5/6
P.BE
of the meeting on the amount of penalty Bsgossment"was discussed and the threat of US,
EPA getting a referral. My Attorney was recommended to me by my engineer. Bed
recommendation! This guy was totally clueless. The mitigation I offered leaves me one
six bedroom building site from three five bedroom sites. They refuse to negotiate in any
fashion.
The bottom line, I done only what my CAMA Representative told me I coy ld do and
worked with him around 3 months on this projeoz. He inspected this site several tithes
with witnesses on site.
I understand some indigestion and I agree reluctantly to reduce my project �om 3 lots to
I larger lot, and no fines. These guys are being completely unreasonable a0d unwilling
to allow the state to take some responsibility For their own actions.
Please help, I have until this Friday to let them know what I plan on doing,
Thank you,
JUL 1 4 2005
rehead City DCM

^�UIUL. 14.200§112;31PM �GaSSENATOR DOLE RALEIGH OFF10Ef_q=Mp aas vgc
). 0729 FP, 6/6 P,
w
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Regulatory Division
Action ID: 200510898
Mr. Desmond R. Foster, Jr.
Post Office Box 459
Hatteras, North Carolina 27943
Dear Mr. Foster:
DEPARTMENT OF THE ARMY
WILMINGTON DISTRICT, CORPS OF ENGINEERS
Washington Regulatory Field Office
P.O. Box 1000
Washington, North Carolina 27889-1000
July 18, 2005
i�
This correspondence confirms your July 6, 2005, meeting with Mr. Raleigh Bland of my staff
and your attorney, Mr. H. Glenn Dunn of Poyner & Spruill, LLP, regarding the unauthorized
filling activities you have undertaken within jurisdictional wetlands on your property, located off
N.C. Highway 12, adjacent to Slash Creek and the Pamlico Sound, in Hatteras, Dare County,
North Carolina. Also attending was Mr. Justin McCorcle of the U.S. Army Corps of Engineers,
Wilmington District's Office of Counsel, Messrs. Ted Tyndall and Frank Jennings of the North
Carolina Division of Coastal Management, and Ms. Meredith Alcoke of the North Carolina
Department of Justice. This correspondence also confirms receipt of Mr. Dunn's July 15, 2005,
letter stating your intentions to comply with the restoration request described in our May 6, 2005,
cease and desist correspondence.
As discussed onsite on May 4, 2005, and again during the July 6, 2005, meeting, our
inspections revealed that you are responsible for the placement of earthen fill material within
approximately 9,900 square feet (0.22 Acres) of high quality coastal marsh wetlands and
navigable waters subject to our regulatory jurisdiction located immediately adjacent to Slash
Creek and the Pamlico Sound. This activity, undertaken in navigable waters and waters of the
United States without the prior approval from this office in the form of a Department of the
Army (DA) permit, constitutes violations of Section 301 of the Clean Water Act (33 USC 1311)
and Section 10 of the Rivers and Harbors Act of 1899 (33 USC 403).
As confirmed in your attomey's letter, you agree to perform all requested restoration work,
including the removal of all unauthorized fill material located waterward of the alignment staked
and flagged in your presence. Pre -project elevations and contours are to be restored to the
impacted area. The restoration work must be completed by August 16, 2005. Please be
reminded that the construction of a vehicular access bridge and utility line across jurisdictional
wetlands will require a Department of the Army permit and a permit from the North Carolina
Division of Coastal Management.

a
-2-
Failure to comply with this request may result in referral of this matter to the United States
Attorney with a recommendation for appropriate action. Additionally, we are considering civil or
administrative penalties against you for this work. Accordingly, Wilmington District's Office of
Counsel will contact you regarding this matter after the restoration has been completed.
Thank you for your time. and cooperation. If you have any questions,.please contact Mr.
Bland at the Washington Regulatory Field Office, Post Office Box 1000, Washington, North
Carolina 27889-1000, telephone [phone], extension 23.
Sincerely,
David M. Lekson, P.W.S.
Chief, Washington Field Office
Copies Furnished:
United States Attorney
Eastern District of North Carolina
310 New Bern Avenue
Suite 800, Federal Building
Raleigh, North Carolina 27601
Mr. Ronald J. Mikulak, Chief
Wetlands Regulatory Section
Water Management Division
United States Environmental Protection Agency
61 Forsyth Street, SW
Atlanta,. Georgia 30303
Mr. Pete Benjamin
United States Fish and Wildlife Service
Fish and Wildlife Enhancement
Post Office Box 33726
Raleigh, North Carolina 27636-3726

-3-
Mr. Ron Sechler
National Marine Fisheries, NOAA
Habitat Conservation Division
Pivers Island
Beaufort, North Carolina 28516
Ms. Cyndi Karoly
Division of Water Quality
North Carolina Department of Environment
and Natural Resources
1650 Mail Service Center
Raleigh, North Carolina 27699-1650
Mr. Doug Huggett
Division of Coastal Management
North Carolina Department of Environment
and Natural Resources
400 Commerce Avenue
Morehead City, North Carolina 28557
Mr. Ted Sampson
Division of Coastal Management
North Carolina Department of Environment
and Natural Resources
1367 US 17 South
Elizabeth City, North Carolina 27909
Mr. H. Glenn Dunn
Poyner & Spruill, LLP
3600 Glenwood Avenue
Raleigh, North Carolina 27612

I
JUN-29-2005 WED 09:22 AM DOM-DMF E. CITY FAX NO. 252 264 3723
P. 01
s�`�` Division of Coastal Management
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TOTAL NO. OF PAGES: 2—
NOTES/COMMENTS: 6_ _

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FAX NO, 252 264 3723 P. 01
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DIVISION OF COA-STAL MANAGEMENT
ELIZAB.ETH CITY OFFICE •
1367 US 17 SOUTH
ELIZABETH CITY, NORTH CAROL.INA 27909
FACSIMILE TRANSMITTAL SHEET
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NOTES/COMMENTS;

APR-11-2005 MON 01:16 PM DCM-DMF E. CITY FAX NO. 252 264 3723 P, 02
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E ENVIRONMEWAL PROFESSIONALS. INC. ; DESMOND R. FOSTER-JR_ do FAYE e. FOSTER.
(fj Planning for a Better Environment DEV-LOPNIENT SKETCH l
2810 N. CROATAN HiG4WAY
P.O. 86X 3368 I HATTERAS
KIL DEVIL HILLS, NC 27°48 DARE COUNTYC I
[phone] NORTH ROLIhA
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MAP TAKEN FROM RANKIN SURVEYI!4G NOT FOR CONSTRUCTION --FOR PERAQTTING PURPOSES ONLY

APR-11-2005 MON 01;17 PM DCM-DMF E, CITY FAX NO. 252 264 3723 P. 04
M complete Items 1, 2, and s, Also
ftom 4 if Restricted Deilve ' desired.
■ Print your name and address on the reverse
so that we can raturn the card to you,
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I. futicle Addressed to;—~`
2. Article Number
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■ Complete items 1, 2, and S. Also complete
Item 4 if Restricted Pel'rvdry Is desired.
■ Print your name and address on the reverse
so that we can return the card to you.
N Attach this csrd to tho back of the mallplece,
or On n the front If space permks.
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Re: Foster violation
p1j) °�S/
Subject: Re: Foster violation J
From: "Ted.Tyndall" <[e-mail]> %�
Date: Tue, 07 Jun 2005 10:15:44 -0400
To: "Dunn, Glenn" <[e-mail]>, Frank Jennings <[e-mail]>,
"Bland, Raleigh W SAW" <[e-mail]>
Mr. Dunn -
Coastal Management has been in communication with the Corps of Engineers and we are willing to
sit down with you and your client to review any information that your client may have and to listen to
any ligitimate proposal regarding the restoration requirement associated with the violation to Mr.
Foster. After consultation with Mr. Raleigh Bland with the Corps, the closest open date that is
available to staff and counsel is July 6th at 1:00 PM. We are available to meet with you and your
client in the Morehead City headquarters of DCM at that time.
The North Carolina Division of Coastal Management is very confident in the requested restoration
at the violation site. Based on the many onsite investigations, submitted and agency reviewed
applications and surveyed plats, issued permits, previous violations, and many other forms of
evidence, the Division stands by the violation and the associated restoration plan. It is not the goal of
the Division to "get one building lot out of the property". It is however the goal to ensure that the
Coastal Area Management Act and State Dredge and Fill Law are adhered to and this includes
requiring restoration of impacted Coastal Wetlands when appropriate. The Division urges your client
to begin restoration of the site. Failure to restore or to formally request a reasonable time -period
extension shall be considered a notice of continuing violation and a court order shall be pursued to
enforce restoration. This information is included in the violation paperwork . We feel that all options
were thoroughly explored and our actions explained during the site visits. If you client can make a
sound and logical argument for a reasonable time extension to complete the restoration, the Division
will respond accordingly. Such a request should be made formally and submitted to the Division
immediately.
If you have any questions, please contact either myself or Frank Jennings of our Elizabeth City
office.
Dunn, Glenn wrote:
I am e-mailing on behalf of Buddy Foster.His restoration deadline is next Monday,I believe ,and
we are requesting an extension to allow time to discuss modifying your proposed restoration plan
a bit.Hetold me that has talked to Raleigh Bland who told him to survey out what he proposes to
restore in order to be able to get one building lot out of the site.Also,he is trying to find
photographic evidence that part of the restoration area toward the southwestern part of the
property has always been high land.He has tried but been unable to pull all this together and
present it to you and Raleigh by the deadline ,but should have it next week and will contact you
again.He has told me that all along CAMA reps have told him he can get one building lot out of
this property and I hope this can be worked out in conjunction with adequate restoration.
1 of 2 7/6/2005 8:13 AM

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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
NOTICE OF VIOLATION A_
May 5, 2005
CERTIFIED MAIL
RETURN RECEIPT REQUESTED �P�41 t,
112.
Mr. Desmond R. Foster, Jr.
P.O. Box 459
Hatteras, NC 27943
RE:NOTICE OF VIOLATION AND REQUEST TO CEASE UNAUTHORIZED DEVELOPMENT
CAMA VIOLATION #05-08A
Dear Mr. Foster:
This letter confirms that on May 4, 2005, Ted Tyndall, Assistant Director for the Division of Coastal
Management (DCM,) Raleigh Bland of the US Army Corps of Engineers (USACOE), and I met Mike
Hooper, Grandy Hooper, and you onsite at your property located adjacent to Slash Creek Condominiums
located in or near Hatteras Village, off NC 12, Dare County, North Carolina. The purpose of the visit was to
investigate unauthorized filling of Coastal Wetlands and the leveling of two spoil piles adjacent to a man-
made basin off Slash Creek. This letter is also in reference to my Notice of Violation, sent to you, on April
15, 2005 by certified mail.
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 (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. This requirement is imposed
by North Carolina General Statute (N.C.G.S.) 113A-118.
I have information that indicates you have undertaken or are legally responsible for filling of 9900 square
feet of Coastal Wetlands and the leveling of two spoil piles adjacent to a man-made basin off Slash Creek.
This activity took place in Coastal Wetlands (CW) and the Estuarine Shoreline (ES) that are contiguous
with the Slash Creek. CW and ES areas 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.
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 — 30% Recycled by Fiber Weight

A
Mr. Desmond R. Foster, Jr.
NOV 05-08A
May 5, 2005
Page 2
I request that you immediately CEASE AND DESIST any further unauthorized activities within designated
Areas of Environmental Concern. 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 $500 not to
exceed $2,500 against all violations of this type. 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.
You are also in violation of the State's Dredge and Fill Act 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. 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, Title 15A, Subchapter 07H, State Guidelines for Areas
of Environmental Concern, the activity you have undertaken, filling of Coastal Wetlands and the leveling of
two spoil piles adjacent to a man-made basin off Slash Creek, is not consistent with Section 07H.0205
Coastal Wetlands and 07H.0208 Use Standards for Coastal Wetlands, Therefore, I am requesting that the
unauthorized fill material be removed.
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.

4
Mr. Desmond R. Foster, Jr.
NOV 05-08A
May 5, 2005,
Page 3
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 252-264-3901. 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).
Sincerely,
14
Frank A. Jennings, III
Coastal Management Representative
FAJ/ybc
cc: Ted Tyndall, Assistant Director; DCM, Morehead City
Ted Sampson, District Manager, DCM, Elizabeth City
Roy Brownlow, Compliance Coordinator, DCM, Morehead City
Raleigh Bland, USACOE, Washington
Enclosure

NOV 05-08A
May 5, 2005
Page 4
RESTORATION PLAN
For
Desmond R. Foster, Jr.
North side, NC 12, Slash Creek, Hatteras Village, Dare County
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I, Desmond R. Foster, agree to remove all unauthorized fill material placed in the adjacent marsh, Coastal
Wetlands.
I agree to complete this restoration to the satisfaction of the Division of Coastal Management (DCM) by June 6,
2005, 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 inspected.
SIGNATURE:
17:11:i
It is the policy of the Coastal Resources Commission to levy a minimum civil assessment $500 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.

12-Oct-05 NC DIVISION OF COASTAL MANAGEMENT ENFORCEMENT RECORD
CASE STATUS
CASE NUMBER LAST NAME FIRST NAME BUSINESS NAME:
• CASE IS OPEN I 05-08A FOSTER, JR. DESMOND
CASE IS CLOSED _ Previous Violations in Same
AEC for Similar Activities
NOV DATE CL OSURk DAli Flapsed Days AFFLIUATION SECTOR
F_ I PROPERTY OWNER PRIVATE
MAILING ADDRESS CITY STATE ZIP CODE PHONE NUMBER
POB 459 HATTERAS NC 27943- F_
PROPERTYADDRESS COMMUNITY WATERBODY NEAREST ROAD
SLASH CREEK CONDOS 1HATTERAS SLASH CREEK HWY 12
DISTRICT OFFICE COUNTY DCM REPRESENTATIVE LPO CONTACT
ECDO DARE IJENNINGS �—
VIOLATION TYPE
AFFECTEDAEC(S) CW EW PTA ES PTS
I
MAJOR CAMA plus DREDGE AND FILL OEA HHFA IHA PWS NCRA
NATURE OF VIOLATION AEC DESCRIPTION JCW.ES
Unauthorized major development and violation of the State Dredge & Fill Law by placement and grading of fill material
Within the CW and ES AECS adjacent to a man-made basin off Slash Creek.
RESTORATION STA -- - - -
J
RESTORATION NOT REQUIRED -CONTRACTOR
RESTORATION NOT REQUIRED - PERMITTABLE DEVELOPMENT
RESTORATION NOT REQUIRED - FURTHER IMPACTS
RESTORATION PENDING
PENALTY STATUSI
iJl PENALTY ISSUED
RESTORATION REQUEST DATE COMPLETION DATE
515/2005 9/20/2005
RESTORATION EXTENDED RESTORE DATE
DEADLINE F—
EXTENDED
REFERRED TO AG'S OFFICE - INJUNCTION
INJUNCTION DATE: r—
REFERRED TO AG'S OFFICE - COLLECTION
COLLECTION REQUEST DATE: r—
ASSESSMENT DATE PENALTY AMOUNT COLLECTION DATE AMOUNT COLLECTED
9/23/2005 1 S2500
- li WILLFUL & INTENTIONAL PENALTY (MIN. OR DOUBLED)
❑ PENALTY NOT ISSUED j❑ CNOV ISSUED F_CNOV DATE
❑ CONRACTOR'S FIRST OFFENSE PENALTY APPEALED F—APPEAL DATE
FORMAL CPA ISSUED rFORMAL CPA DATE
SETTLED. AGREED UPON, STIPULATED PENALTY F--SETTLEMENT DATE
❑ UNCOLLECTIBLE PENALTY F—UNCOLLECTIBLE DETERMINATION DATE
Violations Involving Adversely Impacted Resources
AMOUNT OF ADVERSELY DISTURBED AREA (SO. FT.) 1
AMOUNT OF RESTORED AREA (SO. FT) F

STATE OF NORTH CAROLINA
COUNTY OF DARE
IN THE MATTER OF:
MR. DESMOND R. FOSTER, JR
FOR VIOLATIONS OF THE COASTAL
AREA MANAGEMENT ACT, N.C.
GENERAL STATUTE § 113A-100 et
seq.
NORTH CAROLINA COASTAL
RESOURCES COMMISSION
CM 05-08A
CIVIL PENALTY ASSESSMENT
Pursuant to the Coastal Area Management Act (CAMA), North
Carolina General Statutes (N.C.G.S.) 5 113A-126(d), and the
authority vested in me by the Coastal Resources Commission (CRC)
pursuant to Rule 15A North Carolina Administrative Code (NCAC) 7J
.0409(e), I, Charles S. Jones, Director, Division of Coastal
Management (DCM), North Carolina Department of Environment and
Natural Resources (DENR), find that Mr. Desmond R. Foster, Jr. is
a person subject to the permit requirements in CAMA, responsible
for the following violations, and liable for the following civil
penalty assessment:
I. VIOLATIONS COWITTED
A. Desmond R. Foster, Jr. is a citizen and resident of
Dare County, North Carolina and is without any legal disability.
B. The subject property is owned by Mr. Foster and is
Deleted: Contloniniuma
identified in deed book 891, page 252, adjacent to Slash Creek, j
located off NC 12, in or near Hatteras Village, Dare County,
North Carolina.
- 1 -

C. Mr. Foster submitted an application on 21 November 2002
for a CAMA permit to develop the subject property. Said
application proposed bulkheading, filling Coastal Wetlands,
Section 404 Wetlands, Public Trust Area, and Estuarine Waters,
and constructing a wooden access bridge. The purpose of Mr.
Foster's aforementioned proposal was to create three (3)
waterfront lots and to overcome issues including but not limited
to minimum lot size requirements, septic system setback
requirements, and minimum building setback line requirements.
D. A DCM representative met with Mr. Foster on 19 February
2003 and advised him a CAMA Major and Dredge and Fill Permit
would be required for his proposed development on the subject
property and authorization to fill Coastal Wetland with earthen
material was not likely to be approved.
E. Mr. Foster withdrew the aforementioned application on
13 May 2004.
F. Division of Coastal Management (DCM) representatives
met onsite Mr. Foster's property described herein on 07 April
2005 to investigate after noticing that development had occurred
and observed earthen fill material placed along the property
shoreline and within the coastal salt marsh.
G. After inspecting the site on 07 April 2005, DCM staff
determined that Mr. Foster had placed approximately t9,900 square
feet of earthen fill material in Coastal Wetlands and
-2-

approximately t2,200 square feet of land disturbance within the
Coastal Shoreline for unacceptable land uses without first
obtaining a major development permit as required under N.C.G.S. §
113A-118 of the Coastal Area Management Act (CAMA).
H. "Development" as defined in N.C.G.S. § 113A-103(5)(a)
of CAMA includes "filling."
I. The development on Mr. Foster's property is "major
development" as defined in N.C.G.S. § 113A-118(d) because the
filling would have also required a Section 404 permit from the
U.S. Army Corps of Engineers, a 401 Water Quality Certification
from the Division of Water Quality, and a Dredge and Fill Permit
from DCM. The high ground disturbance could have been permitted
through a minor CAMA development permit.
J. The Coastal Wetlands affected by the development are
populated with Salt Grass (Distichlis spicata), Black Needlerush
(Juncus roemerianus), and Smooth Cordgrass (Spartina
alterniflora). The area is subject to occasional flooding by wind
tides in accordance with 15A NCAC 7H .0205(a).
K_ The Coastal Wetlands and Coastal Shoreline affected by
the development are Areas of Environmental Concern (AEC) as
designated by the Coastal Resources Commission (CRC) in Rule 15A
NCAC 7H .0201.
L. Mr. Foster violated N.C.G.S. § 113A-118 by undertaking
major development (filling) in duly designated Areas of
-3-

Environmental Concern (Coastal Wetlands and Coastal Shoreline)
without first obtaining a CAMA major development permit and a
dredge and fill permit pursuant to N.C.G.S. § 113-229(a).
M. On 15 April 2005, DCM sent Mr. Foster a Notice of
Violation (NOV) and Restoration Plan by certified mail, return
receipt requested. The NOV warned him that the unauthorized
filling activities conducted on the property were in violation of
CAMA and the State's Dredge and Fill Act and restoration of all
affected coastal wetlands are required where inconsistent with
the rules applicable to this project. The NOV also informed him
of the Coastal Resources Commission's policy to assess a civil
penalty for all violations.
N. The violations cited above constitute "development" as
defined in CAMA in N.C.G.S. § 113A-103(5)(a) and would have
required a CAMA major permit and a dredge and fill permit.
0. The development could not have been permitted under
CAMA and the rules of the Coastal Resources Commission because it
is inconsistent with the Use Standards for Coastal Wetlands which
prohibit filling coastal wetlands for a non -water dependent use.
15A NCAC 7H .0208(a)(1). The development is also inconsistent
with the use standards for Coastal Shorelines at 15A NCAC 7H
.0209(d),(d)(4), and 15A NCAC 7H .209(d)(10)(g). The development
is also inconsistent with 15A NCAC 7H .0601 which prohibits
development which would result in a contravention or violation of
4-

any rules, regulations, or laws of the State of North Carolina or
of local government in which the development takes place.
P. On 23 September 2005, a DCM representative inspected
the property and determined that Mr. Foster had satisfactorily
completed the restoration required in the 15 April 2005
Restoration Plan.
Q. The violation that is the subject of this assessment is
willful and intentional, according to 15A NCAC
7J.0409(f)(4)(E)(iii), which provides that violations are
considered willful and intentional when the violator received
clear and direct instructions from one of the Commission's
delegates that a permit would be required for the development and
violator subsequently undertook development without a permit.
II. CIVIL PENALTY ASSESSMENT
A. I hereby assess the following civil penalty against Mr.
Desmond R. Foster, Jr. for violating CAMA. In determining the
amount of this penalty, I have considered the degree and extent
of the harm and cost of rectifying the damage as required under
CAMA in N.C.G.S. 5 113A-126(d) and the factors set forth in the
CRC's rules in 15A NCAC 7J .0409.
B. The penalty is assessed in accordance with 15A NCAC 7J
.0409(f)(4)(B)(iii) which provides a minimum penalty for
development which involves wetlands alteration or other damage
which causes permanent or irreversible adverse impacts on coastal
5-

resources, and with 15A NCAC 7J.0409(f)(4)(E)(i) which addresses
penalties for willful and intentional violations. Application of
these rules require a minimum base penalty of $1,400.00. Rule
15A NCAC 7J_0409(f)(4)(E) provides that the penalty assessed
under Subparagraphs 71 .0409(f)(4)(B) of this Rule shall be
doubled for willful and intentional violations except the doubled
penalty shall not exceed $2,500.00
C. The penalties I have assessed against Mr. Foster total
$2,500.00.
D. I hereby direct that this Civil Penalty Assessment be
served on Mr. Foster as provided in N.C.G.S. § 113A-126(d)(3).
Date
m
Charles S. Jones, Director
Division of Coastal Management

pyl
STATE OF NORTH CAROLINA ea NORTH CAROLINA COASTAL
0; ` RESOURCES COMMISSION
COUNTY OF DARE 1� �b CM 05-08A
IN THE MATTER OF: )
MR. DESMOND R. FOSTER, JR. )
FOR VIOLATIONS OF THE COASTAL )
AREA MANAGEMENT ACT, N.C. )
GENERAL STATUTE § 113A-100 et )
seq.
CIVIL PENALTY ASSESSMENT
Pursuant to the Coastal Area Management Act (LAMA), North
Carolina General Statutes (N.C.G.S.) § 113A-126(d), and the
authority vested in me by the Coastal Resources Commission (CRC)
pursuant to Rule 15A North Carolina Administrative Code (NCAC) 7J
.0409(e), I, Charles S. Jones, Director, Division of Coastal
Management (DCM), North Carolina Department of Environment and
Natural Resources (DENR), find that Mr. Desmond R. Foster, Jr. is
a person subject to the permit requirements in LAMA, responsible
for the following violations, and liable for the following civil
penalty assessment:
I. VIOLATIONS COMMITTED
A. Desmond R. Foster, Jr. is a citizen and resident of
Dare County, North Carolina and is without any legal disability.
B. The subject property is owned by Mr. Foster and is
identified in deed book 891, page 252, adjacent to Slash Creek
Condominiums, located off NC 12, in or near Hatteras Village,
Dare County, North Carolina. �° ` S44AdJ Cr<ek C r 7
C. Mr. Foster submitted an application on 21 November 2002
-1-

for a LAMA permit to develop the subject property. Said
application proposed bulkheading, filling Coastal Wetlands,
Section 404 Wetlands, Public Trust Area, and Estuarine Waters,
and constructing a wooden access bridge.
D. A DCM representative met with Mr. Foster on 19 February
2003 and advised him a LAMA Major and Dredge and Fill Permit
would be required for his proposed development on the subject
property and authorization to fill Coastal Wetland with earthen
material was not likely to be approved.
E. Mr. Foster withdrew the aforementioned application on
13 May 2004.
F. Division of Coastal Management (DCM) representatives
met onsite Mr. Foster's property described herein on 07 April
2005 to investigate after noticing that development had occurred
and observed earthen fill material placed along the property
shoreline and within the coastal salt marsh.
G. After inspecting the site on 07 April 2005, DCM staff
determined that Mr. Foster had placed approximately ±9,900 square
feet of earthen fill material in Coastal Wetlands and
approximately ±2,200 square feet of land disturbance within the
Coastal Shoreline for unacceptable land uses without first
obtaining a major development permit as required under N.C.G.S.
113A-118 of the Coastal Area Management Act (LAMA).
/y `Development" as defined in N.C.G.S. 113A-103(5)(a)
of CAMA includes "filling."71
ifi�w
f Ux

I. The development on Mr. Foster's property is "major
development" as defined in N.C.G.S. § 113A-118(d) because the
filling would have also required a Section 404 permit from the
U.S. Army Corps of Engineers, a 401 Water Quality Certification
from the Division of Water Quality, and a Dredge and Fill Permit
from DCM. The high ground disturbance could have been permitted
through a minor CAMA development permit.
J. The Coastal Wetlands affected by the development are
populated with Salt Grass (Distichlis spicata), Black Needlerush
(Juncus roemerianus), and Smooth Cordgrass (Spartina
alterniflora). The area is subject to occasional flooding by wind
tides in accordance with 15A NCAC 7H .0205(a).
K. The Coastal Wetlands and Coastal Shoreline affected by
the development are Areas of Environmental Concern (AEC) as
designated by the Coastal Resources Commission (CRC) in Rule 15A
NCAC 7H .0201.
L. Mr. Foster violated N.C.G.S. § 113A-118 by undertaking
major development (filling) in duly designated Areas of
Environmental Concern (Coastal Wetlands and Coastal Shoreline)
without first obtaining a CAMA major development permit and a
nd fill permit pursuant to N.C.G.S. §113-229(a).
M. On 15 April 2005, DCM sent Mr. Foster a Notice of
Violation (NOV) and Restoration Plan by certified mail, return
receipt requested. The NOV warned him that the unauthorized
filling activities conducted on the property were in violation of
-3-

LAMA and the State's Dredge and Fill Act and restoration of all
affected coastal wetlands are required where inconsistent with
the rules applicable to this project. The NOV also informed him
of the Coastal Resources Commission's policy to assess a civil
penalty for all violations.
N. The violations cited above constitute "development" as
defined in CAMA in N.C.G.S. § 113A-103(5)(a) and would have
required a CAMA major permit and a dredge and fill permit.
O. The development could not have been permitted under
LAMA and the rules of the Coastal Resources Commission because it
is inconsistent with the Use Standards for Coastal Wetlands which
prohibit filling coastal wetlands for a non -water dependent use.
15A NCAC 7H .0208(a)(1). The development is also inconsistent
with the use standards for Coastal Shorelines at 15A NCAC 7H
.0209(d),(d)(4), and 15A NCAC 7H .209(d)(10)(g). The development
is also inconsistent with 15A NCAC 7H .0601 which prohibits
development which would result in a contravention or violation of
any rules, regulations, or laws of the State of North Carolina or
of local government in which the development takes place.
P. On 23 September 2005, a DCM representative inspected
the property and determined that Mr. Foster had satisfactorily
completed the restoration required in the 15 April 2005
Restoration Plan.
Q. The violation that is the subject of this assessment is
willful and intentional, according to 15A NCAC

7J.0409(f)(4)(E)(iii), which provides that violations are
considered willful and intentional when the violator received
clear and direct instructions from one of the Commission's
delegates that a permit would be required for the development and
violator subsequently undertook development without a permit.
II. CIVIL PENALTY ASSESSMENT
A. I hereby assess the following civil penalty against Mr.
Desmond R. Foster, Jr. for violating LAMA. In determining the
amount of this penalty, I have considered the degree and extent
of the harm and cost of rectifying the damage as required under
CAMA in N.C.G.S. § 113A-126(d) and the factors set forth in the
CRC's rules in 15A NCAC 7J .0409.
B. The penalty is assessed in accordance with 15A NCAC 7J
.0409(f)(4)(3)(iii) which provides a minimum penalty for
development which involves wetlands alteration or other damage
which causes permanent or irreversible adverse impacts on coastal
resources, and with 15A NCAC 7J.0409(f)(4)(E)(i) which addresses
penalties for willful and intentional violations. Application of
these rules require a minimum base penalty of $1,400.00. Rule
15A NCAC 7J.0409(f)(4)(E) provides that the penalty assessed
under Subparagraphs 7J .0409(f)(4)(B) of this Rule shall be
doubled for willful and intentional violations except the doubled
penalty shall not exceed $2,500.00
C. The penalties I have assessed against Mr. Foster total
$2,500.00.
-5-

D. I hereby direct that this Civil Penalty Assessment be
served on Mr. Foster as provided in N.C.G.S. 5 113A-126(d)(3).
Date
Charles S. Jones, Director
Division of Coastal Management
Mil

e
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
30 January 2006
\11
CERTIFIED MAIL
RETURN RECEIPT REQUESTED
Mr. Desmond R. Foster, Jr.
Post Office Box 459 c�7
Hatteras, NC 27943
Re: Civil Penalty Assessment for Violations of the _, „rea Management Act
CM 05-08A, Dare County
Dear Mr. Foster:
Pursuant to N.C.G.S. § 113A-126(d), this letter is notice of a Civil Penalty Assessment against you
by the Director, Division of Coastal Management. The Civil Penalty Assessment document is attached.
Within twenty (20) days from the date of receipt of this letter, you must do one of the following:
(1) Pay the Civil Penalty Assessment; or
(2) Submit a written request for remission or mitigation, which includes a detailed justification for
the request; or
(3) File a written petition for a contested case hearing in the Office of Administrative Hearings
(OAH) appealing the penalty assessment.
Additional information about these options is provided below:
PAYMENT
Payment of the penalty will close the matter immediately and require no further action or expense
on your part. If you choose this option, you should pay the penalty by a check or money order made
payable to the Department of Environment and Natural Resources (or DENR). This check should be sent to
Roy Brownlow, Compliance and Enforcement Coordinator, N.C. Division of Coastal Management, 400
Commerce Avenue, Morehead City, North Carolina 28557. Mr. Brownlow represents DENR in the
resolution of this Civil Penalty.
400 Commerce Avenue, Morehead City, North Carolina 28557
Phone: [phone] FAX: [phone] Internet: www.nccoastalmanagement.net
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i
� �
�
� ..
:.i .

Mr. Desmond R. Foster, Jr.
30 January 2006
Page 2 of 3
REMISSION
You may request reduction of the penalty due to unusual factual or legal considerations that were
not taken into account in assessing it. A remission request is an admission that you committed the violation.
It forecloses the option of a contested case hearing. A remission request must be accompanied by a waiver
of your right to a contested case hearing and a stipulation that there are no factual or legal issues in
dispute. You must sign and return the attached waiver and stipulation form to this office. You must also
attach a detailed justification showing why one or more of the civil penalty assessment factors in N.C.G.S. §
113A-126(d) and Rule 15A NCAC 7J .0409 were wrongly applied to your detriment.
Unfamiliarity with the law is not a ground for reduction. Neither is voluntary restoration. In order to
present your request properly, you may be required to present your request before the Coastal Resources
Commission. An adverse determination may not be appealed to the courts. If you choose this option, send
your reply to the Division of Coastal Management, 400 Commerce Avenue, Morehead City, North Carolina
28557.
APPEAL
You may request a contested case hearing to challenge the Director's factual findings and legal
conclusions regarding the assessment. If you file a contested case petition, it must be in writing and in the
form prescribed by N.C.G.S. § 15013-23. File the original petition and one copy with the Office of
Administrative Hearings (OAH), 6714 Mail Service Center, Raleigh, North Carolina 27699-6714. Any
questions about filing a petition may be directed to the Clerk of OAH by telephoning [phone]. You
must serve DENR by mailing a copy of the petition to:
Mary Penny Thompson
General Counsel
DENR
1601 Mail Service Center
Raleigh, North Carolina 27699-1601
You must also serve the Division of Coastal Management by mailing a copy of the petition to:
Charles S. Jones, Director
Division of Coastal Management
400 Commerce Avenue
Morehead City, North Carolina 28557
400 Commerce Avenue, Morehead City, -North Carolina 28557
Phone: [phone] \ FAX: [phone] \ Internet: www.nccoastalmanagement.net
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Mr. Desmond R. Foster, Jr.
30 January 2006
Page 3 of 3
Your attention to this important matter is appreciated.
Sincerely,
Charles S, Jones
Director, DCM
Attachments: Assessment Document
Waiver of Right to Hearing and Request for Reduction
Cc: Ted Tyndall, Assistant Director, DCM
Ted Sampson, District Manager, DCM
Roy Brownlow, Compliance Coordinator, DCM
Frank Jennings, Coastal Management Representative, DCM
400 Commerce Avenue, Morehead City, North Carolina 28557
Phone: [phone] FAX: [phone] Internet: www.nccoastalmanagement.net
An Equal Opportunity 1 Affirmative Action Employer-50% Recycled 110% Post Consumer Paper

STATE OF NORTH CAROLINA
COUNTY OF DARE
IN THE MATTER OF:
MR. DESMOND R. FOSTER, JR
FOR VIOLATIONS OF THE COASTAL AREA
MANAGEMENT ACT, N.C. GENERAL
STATUTE § 113A-100 et seq.
NORTH CAROLINA COASTAL
RESOURCES COMMISSION
CM 05-08A
REQUEST FOR REMISSION OF CIVIL
PENALTIES; WAIVER OF RIGHT TO
ADMINISTRATIVE HEARING; AND
STIPULATION OF FACTS
Having been assessed a civil penalty in the amount of TWO
THOUSAND FIVE HUNDRED DOLLARS ($2,500.00) for violation of the
Coastal Area Management Act, which violation is set forth in the
Director's Civil Penalty Assessment dated 05 December 2005, I
hereby request reduction of the civil penalty.
In order that this request for reduction may be considered, I
hereby waive my right to an administrative hearing. I stipulate
that the facts are alleged in the assessment document and that
there are no factual or legal issues in dispute, other than the
reasonableness of the amount of the assessment. I further
understand that a request for remission is an acknowledgement of
civil liability as set forth in the Director's Civil Penalty
Assessment and that there is no appeal to the Superior Court of the
decision on a request for remission.
This the day of
NAME
(Signature)
ADDRESS
TELEPHONE
2006.
Attach a written statement justifying your remission request.
If you are represented by an attorney, provide his or her name, address, and telephone number:

STATE OF NORTH CAROLINA
COUNTY OF DARE
IN THE MATTER OF:
MR. DESMOND R. FOSTER, JR
FOR VIOLATIONS OF THE COASTAL
AREA MANAGEMENT ACT, N.C.
GENERAL STATUTE § 113A-100 et
seq.
NORTH CAROLINA COASTAL
RESOURCES COMMISSION
CM 05-08A
CIVIL PENALTY ASSESSMENT
Pursuant to the Coastal Area Management Act (CAMA), North
Carolina General Statutes (N.C.G.S.) § 113A-126(d), and the
authority vested in me by the Coastal Resources Commission (CRC)
pursuant to Rule 15A North Carolina Administrative Code (NCAC) 7J
.0409(e), I, Charles S. Jones, Director, Division of Coastal
Management (DCM), North Carolina Department of Environment and
Natural Resources (DENR), find that Mr. Desmond R. Foster, Jr. is
a person subject to the permit requirements in CAMA, responsible
for the following violations, and liable for the following civil
penalty assessment:
I. VIOLATIONS
A. Desmond R. Foster, Jr. is a citizen and resident of
Dare County, North Carolina and is without any legal disability.
B. The subject property is owned by Mr. Foster and is
identified in deed book 891, page 252, adjacent to Slash Creek
Condominiums, located off NC 12, in or near Hatteras Village,
Dare County, North Carolina.
C. Mr. Foster submitted an application on 21 November 2002
- 1 -

for a CAMA permit to develop the subject property. Said
application proposed bulkheading, filling Coastal Wetlands,
Section 404 Wetlands, Public Trust Area, and Estuarine Waters,
and constructing a wooden access bridge.
D. A DCM representative met with Mr. Foster on 19 February
2003 and advised him a CAMA Major Permit would be required for
his proposed development on the subject property and
authorization to fill Coastal Wetland with earthen material was
not likely to be approved.
E. Mr. Foster withdrew the aforementioned application on
13 May 2004.
F. Division of Coastal Management (DCM) representatives
met onsite Mr. Foster's property described herein on 07 April
2005 to investigate after noticing that development had occurred
and observed earthen fill material placed along the property
shoreline and within the coastal salt marsh.
G. After inspecting the site on 07 April 2005, DCM
determined that Mr. Foster had placed approximately ±9,900 square
feet of earthen fill material in Coastal Wetlands and
approximately ±2,200 square feet of land disturbance within the
Coastal Shoreline for unacceptable land uses without first
obtaining a,major development permit as required under N.C.G.S. §
113A-118 of the Coastal Area Management Act (CAMA).
H. "Development" as defined in N.C.G.S. § 113A-103(5)(a)
-2-

of CAMA includes "filling."
I. The development on Mr. Foster's property is "major
development" as defined in N.C.G.S. § 113A-118(d) because the
filling would have also required a Section 404 permit from the
U.S. Army Corps of Engineers, a 401 Water Quality Certification
from the Division of Water Quality, and a Dredge and Fill Permit
from DCM. The high ground disturbance could have been permitted
through a minor CAMA development permit.
J. The Coastal Wetlands affected by the development are
populated with Salt Grass (Distichlis spicata), Black Needlerush
(Juncus roemerianus), and Smooth Cordgrass (Spartina
alterniflora). The area is subject to occasional flooding by wind
tides in accordance with 15A NCAC 7H .0205(a).
K. The Coastal Wetlands and Coastal Shoreline affected by
the development are Areas of Environmental Concern (AEC) as
designated by the Coastal Resources Commission (CRC) in Rule 15A
NCAC 7H .0201.
L. Mr. Foster violated N.C.G.S. § 113A-118 by undertaking
major development (filling) in duly designated Areas of
Environmental Concern (Coastal Wetlands and Coastal Shoreline)
without first obtaining a CAMA major development permit.
M. On 15 April 2005, DCM sent Mr. Foster a Notice of
Violation (NOV) and Restoration Plan by certified mail, return
receipt requested. The NOV warned him that the unauthorized
13:10

filling activities conducted on the property were in violation of
CAMA and the State's Dredge and Fill Act and restoration of all
affected coastal wetlands are required where inconsistent with
the rules applicable to this project. The NOV also informed him
of the Coastal Resources Commission's policy to assess a civil
penalty for all violations.
N. The violations cited above constitute "development" as
defined in CAMA in N.C.G.S. § 113A-103(5)(a) and would have
required a CAMA major permit.
0. The development could not have been permitted under
CAMA and the rules of the Coastal Resources Commission because it
is inconsistent with the Use Standards for Coastal Wetlands which
prohibit filling coastal wetlands for a non -water dependent use.
15A NCAC 7H .0208(a)(1). The development is also inconsistent
with the use standards for Coastal Shorelines at 15A NCAC 7H
.0209(d),(d)(4), and 15A NCAC 7H .209(d)(10)(g). The development
is also inconsistent with 15A NCAC 7H .0601 which prohibits
development which would result in a contravention or violation of
any rules, regulations, or laws of the State of North Carolina or
of local government in which the development takes place.
P. On 23 September 2005, a DCM representative inspected
the property and determined that Mr. Foster had satisfactorily
completed the restoration required in the 15 April 2005
Restoration Plan.
-4-

Q. The violation that is the subject of this assessment is
willful and intentional, according to 15A NCAC
7J.0409(f)(4)(E)(iii), which provides that violations are
considered willful and intentional when the violator received
clear and direct instructions from one of the Commission's
delegates that a permit would be required for the development and
violator subsequently undertook development without a permit.
II. CIVIL PENALTY ASSESSMENT
A. I hereby assess the following civil penalty against Mr.
Desmond R. Foster, Jr. for violating CAMA. In determining the
amount of this penalty, I have considered the degree and extent
of the harm and cost of rectifying the damage as required under
CAMA in N.C.G.S. § 113A-126(d) and the factors set forth in the
CRC's rules in 15A NCAC 7J .0409.
B. The penalty is assessed in accordance with 15A NCAC 7J
.0409(f)(4)(B)(iii) which provides a minimum penalty for
development which involves wetlands alteration or other damage
which causes permanent or irreversible adverse impacts on coastal
resources, and with 15A NCAC 7J.0409(f)(4)(E)(i) which addresses
penalties for willful and intentional violations. Application of
these rules require a minimum base penalty of $1,400.00. Rule
15A NCAC 7J.0409(f)(4)(E) provides that the penalty assessed
under Subparagraphs 71 .0409(f)(4)(B) of this Rule shall be
doubled for willful and intentional violations except the doubled
-5-

penalty shall not exceed $2,500.00
C. The penalties I have assessed against Mr. Foster total
$2,500.00.
D. I hereby direct that this Civil Penalty Assessment be
served on Mr. Foster as provided in N.C.G.S. § 113A-126(d)(3).
Date
M
Charles S. Jones, Director
Division of Coastal Management

DCM ENFORCEMENT REQUE !IVED
(USE WHEN INJUNCTION OR FORMAL ASSESSMENT/CAMA CASE #05-08A JqN 3 2006
Type of action requested: FORMAL ASSESSMENT Morehead City DCM
1. Consultant or LPO & Locality: Frank A. Jennings, III, Field Representative, Elizabeth City
2. Violator's Name: Desmond R. Foster, Jr.
Mailing Address: P.O. Box 459, Hatteras, NC 27943
Home Phone: [phone]
3. Project Location (County, State Road, Waterbody, etc.LDare County, NC 12, Hatteras Village,
Across from the Hatterasman Drive in Slash Creek. E Attachment — EXHIBIT A - Note:
Description is of the site prior to the violation
The property is identified as Lot 3 of the Foster Subdivision. The lot size is described as 4.9
acres, which includes the bottom area of a man-made basin on the south side, access of Slash
Creek, and a portion of a marsh island. Approximately 30,722.11 square feet consist of two spoil
berms that are located adjacent to the man-made basin on the south side and are considered
uplands. These are the only uplands on the site except for a small area adjacent to NC 12 and is
the road shoulder. The remainder of the property, 192,286.62 square feet, is delineated as
wetlands and is mostly salt marsh. Small areas of non -coastal wetlands exist and are delineated
404 wetlands. The property is contiguous with Slash Creek that connects to Pamlico Sound.
Exhibit: Dennis Hawthorn Field Report.
4. Owner's Name, Address, Phone # [if different]: Same
5. Attach Copy of Deed. N Attachment — EXHIBIT B
6. Type of Violation: MAJOR
Program: CAMA, D&F
If CAMA Major, list other required permits, etc. If Permit Condition, give Permit # and attach
copy.
No permit could have been issued for the wetland fill. The upland grading that occurred could have
been authorized via a minor permit. Authorization from USACOE and NCDWQ would be required
for this activity.
7. Describe nature of development under G.S. 113-A-103(5) or of unauthorized activity under permit:
Mr. Foster filled 9,900 square feet of Coastal Wetland salt marsh with sandy fill material. A silt
fence had been installed and was functioning as a retaining wall to keep the fill material from
eroding into the remaining wetlands. Foster had added approximately 2 feet of fill material. The
area that was filled and the area immediately adjacent to the fill site is vegetated with Spartina
alterniflora, Juncus roemerianus, and Distichlis. Foster's purpose was to create three waterfront
lots. The issues he was trying to overcome included minimum lot size, septic setbacks and
building setbacks. He filled to connect both spoil berms and constructed a bulkhead along the
canal. A wing wall extended across the marsh along the Slash Creek shoreline. It was determined
that an average of 15 feet of fill was placed in the marsh along 380 feet of the north spoil berm and
that a 30'x140' area adjacent to the Dixon property had been filled to provide access to the site

through the Dixon property. It appeared that several loads of fill had been brought to the site.
Foster disclosed that he did the fill work and grading work. He stated that he brought in over 100
loads of fill (05/04105). He did state that the Hooper Brothers were involved with construction of the
bulkhead and that they had met on site with Dennis Hawthorn. All work was in the Coastal
Wetland AEC and/or the Estuarine Shoreline AEC.
8. Area(s) of Environmental Concern Involved:
(A) 1. Coastal Wetlands
2. Estuarine Shoreline
Sq. Ft.: 9,900 sq. ft. total
(B) Coastal Wetlands:
1. Spartina alterniflora
2. Distichlis spicata
3. Juncus roemerianus
NOTE: area floods on most north winds
Wind or lunar Tides: Wind Flooded: Occasionally
(C) Estuarine Waters: [sq. ft.]
Excavated Filled Restored Other
Primary Nursery Area? NO
(D) Public Trust Area: [sq. ft.]
Excavated Filled Restored Other
Primary Nursery Area? NO
(E) Estuarine Shoreline [sq. ft.]
Excavated Filled Restored Other 2.200
Graded/leveled/seeded
(F) Coastal Wetlands/Marsh [sq. ft.]
Excavated Filled 9,900 Restored 9,900 Other
(G) Ocean Hazard:
Sq. Ft. Impacted:
9. Details of how DCM first learned of violation:
On 04/07/05, Raleigh Bland, Representative of the USACOE, John Cece, Field Representative of
DCM, and I met on site to investigate after noticing work had been done. A bulkhead permit had
been issued (Exhibit C), and the bulkhead had been constructed. The absence of two existing
spoil berms was noticeable from NC 12. Once on site, it appeared that wetlands had been filled
and the upland area was larger. I had met on site with Foster on 07/15/98 and again on 06/04/99
to discuss a development proposal for this property. Although the development proposal was
dissimilar to the violation, there was discussion about AECs, permitting and permitting
requirements. Charles Jones, then Assistant Director for DCM, attended the 07/15/98 meeting
(Exhibit D). Part of the development proposal involved the construction of a bulkhead. I was
familiar with the site.
-2-

10. Details of first DCM inspection: See item #9. The first inspection occurred upon first learning of
the violation: Bulkhead had been constructed; old spoil piles had been leveled and fill material had
been placed onsite and leveled. Fill placed in the marsh.
11. Attach copy of Notice of Violation and Postal Receipt Card or Sheriffs Return. [Same if a
Continuing Notice of Violation.] ©X Attachment —EXHIBIT E
12. Restoration Required? YES
[If Yes, attach copy of Restoration Request and give restoration deadline if different from one in
Request and explain.] E Attachment — EXHIBIT F
13. Date DCM determined restoration was complete and accepted: 09/23/05 - ® Attachment —
EXHIBIT G — Note: The unauthorized fill material was in place prior to 04/07/05 and remained in
place until 09/20/05, and during those +166 days the area that was filled was not available for use
as a salt marsh. Those juvenile fish and shellfish that could not use the fill area were permanently
impacted. The restoration involved removal of unauthorized fill material. Vegetation that was
destroyed by the unauthorized placement of fill material is permanently gone. The area will
eventually regenerate vegetative growth; however, that growth will be impacted for many years.
14. Would the project have been allowed had a Permit been applied for? NO
[If NO, cite the provisions in the CAMA, Dredge and Fill Law, CRC's Rules, Local Land Use Plan,
etc., which would have been violated].
07H.0205(d); 07H.0208(a)(2Z(A); 07H.0209(d)(4) CAMA; NCGS 113-229 (K), (L) D&F; Page 53 &
County 54, 2003 Dare LUP X Attachment— EXHIBIT H
15. Recommended penalty amount?
$2,500
Cite the specific Rule of the CRC in 7J.0409 and explain why the penalty should be assessed
under it. [If the violation was willful and intentional or continuing, describe the base penalty here
and then any increased or additional penalty below.]
Permit fee = $ 400
Penalty 48iii = $1,000 Area will never fully recover.
Willful/intent 4Ei 11,4M 4 Foster had been advised of need for permit.
$2,800 --> $2,500 maximum allowed under 4E.
16. If the violator was a contractor, attach copies of the previous Notices of Violation showing
development in the same AECs and payment of any penalties.
[See 7J.0409(f)(4)(G) and explain what the daily amount should be based on the CRC's rules.]
NIA
17. If the violation was willful, describe why, pursuant to 7J.0409(f)(4)(E) or (5)(E), and attach any
supporting documents.
Violator had been advised by me on July 15, 1998 and June 4, 1999 that a Major Permit would be
required for fill of Coastal Wetlands and that Coastal Wetland fill authorization was unlikely.
Violator later submitted a major permit application for a bulkhead with fill in wetlands on 11/21/02;
application was withdrawn on 05/13/04.
-3-

18. If daily penalties are recommended, give the dates on which they should begin and end under
7J.0409(f)(4)(G) and explain what the daily amount should be based on the CRC's rules.
N/A
19. Are there any reasons for increasing or decreasing the penalties or for remitting them under the
CRC's rules? No.
20. Provide any other information or attach any other documents which will help the Attorney General's
office or the Director to understand the violation. E Attachment — EXHIBIT I — aerial photo of
site prior to violation: EXHIBIT J — Dare County GIS map.
NOTE: If this form is not appropriate for a particular violation, write a narrative Enforcement Request, or,
supplement this form as necessary. N Attachment — EXHIBIT K — Chronology of events.
NOTE: All Enforcement Requests should be sent to the Attorney General's Office within six (6) months of
when the violation was discovered if no restoration was required, or, when the restoration was
completed. If an injunction was requested, supplement the Injunction Request within six (6)
months of the date the restoration was complete.
SUBMITTED BY: Frank A. Jennings, III
TITLE: Field Representative
DATE: 01 /10/06
DATE REVIEWED BY DISTRICT MANAGER:
DATE ASSISTANT DIRECTOR REVIEWED:
i
4-

EXHIBIT LIST
A. Field Investigation Report for Desmond Foster project. Site description by
Dennis Hawthorn.
B. Deed for Property.
C. CAMA General Permit 37329A to Foster for Bulkhead, issued 05/14/05.
D. March 15, 1999 letter to Foster from Charles Jones.
E. April 15, 2005 NOV letter to Foster from Frank Jennings.
F. May 5, 2005 NOV with Restoration letter to Foster from Frank Jennings.
G. September 23, 2005 Restoration acceptance letter to Foster from Frank
Jennings.
H. 2003 Dare County Land Use Plan, pages 53-54 — "wetlands".
I. June 19, 1998 Aerial Photography of Site — Frank Jennings.
J. Dare County GIS Map of Property
K. Chronology of Events.

EXHIBIT A

DIVISION OF COASTAL MANAGEMENT
FIELD INVESTIGATION REPORT
1. APPLICANT'S NAME: Desmond R. Foster, Jr.
2. LOCATION OF PROJECT SITE: NC 12, Hatteras Village, near the roadway intersection of NC 12
and Eagle Pass Rd., directly southeast of Slash Creek, tributary to the Pamlico Sound
Photo Index - 2000: 171-2010, P-9, P-10, P-11, & P-12; 1995:172-1757, G-13, G-14, G-15, & G-16;
State Plane Coordinates - X: 2990000; Y: 551000; Hatteras, NC topo;
Digital Data Base, Index Nos.4750 - 4761; GPS C043017A
3. INVESTIGATION TYPE: CAMA / D & F
4. INVESTIGATIVE PROCEDURE: Dates of Site Visit - 02/21/2003; 04/04/2003
Was Applicant Present - no; yes
5. PROCESSING PROCEDURE: Application Received - 04/25/2003
Office - Elizabeth City
6. SITE DESCRIPTION:
(A) Local Land Use Plan - Dare County Land -Use Plan
Land Classification From LUP - Conservation
(B) AEC(s) Involved: PTA, EW, ES, CW
(C) Water Dependent: yes
(D) Intended Use: Private
(E) Wastewater Treatment: Existing - none
Planned - individual septic tank or other
(F) Type of Structures: Existing: none; Planned - bulkhead
(G) Estimated Annual Rate of Erosion: NA
Source - NA
7. HABITAT DESCRIPTION: [AREA]
DRF,DGRY) FILLED SHADING
(A) Coastal Wetlands
370 sf / 0.008 A
6,290 sf/0.144 A
(B) US ACE Jurisdictional Wetlands
1,000 sf / 0.022 A
(C) Estuarine & Public Trust Water
1,500 sf / 0.034 A
(D) Total Area Disturbed: 2,870 sf / (0.065 A)
(E) Primary Nursery Area: No
(F) Water Classification: SA/Closed
8. PROJECT SUMMARY: This project is located adjacent to an existing shallow water basin in the
Village of Hatteras, and involves shoreline stabilization, as well as stabilization of an existing upland
area adjacent to coastal marsh. The project also involves the construction of an elevated, 12-foot wide,
pile supported wooden driveway to provide a vehicular access from NC 12 to the high ground portion
of the property.

Desmond R. Foster, Hatteras Village, Dare County
FIELD INVESTIGATION REPORT
Page 2
Project Settins
The application site is located along NC 12 in the Village of Hatteras near the roadway
intersection of NC 12 and Eagle Pass Rd., directly southeast of Slash Creek, tributary to the
Pamlico Sound. According to the North Carolina General Warranty Deed provided with this
permit application, this parcel is presently owned by Desmond R. Foster, and his wife, Faye
B. Foster, Post Office Box 459, Hatteras, North Carolina, and the warranty deed was recorded
by Dare County Register of Deeds for a transaction that occurred on December 31, 1992.
This site is a vacant 4.89-acre tract with no improvements. The property extends from NC 12
northeast, approximately 1,000-ft to the Slash Creek. The Foster tract property includes
uplands, wetlands, and according to the application platwork, a significant portion of most of
an adjacent basin, or man-made canal area. Adjacent properties to the Foster tract are owned
by The Slash, LLC, Richard Anderson Midgett, Andrea Robinson and Aloma Freeman, and
William and Charlotte Rooney, Jr. The Rooney's and The Slash, LLC are the adjacent
riparian property owners to the Foster tract site.
The Foster tract consists of two adjacent, high ground hummocks surrounded by wetland
marsh and waters that connect to the Slash Creek. These high ground areas range between 2
and 10-ft above the NHWL of Slash Creek. Approximately one -fifth of the applicant's .
property can be considered high ground, or upland. These hummocks may have been partially
created from long ago excavation that created the adjacent basins and neighboring high ground
site. The exposed soils of these high ground areas are lacking in any significant organic layers,
and are predominately fine marine sands, shell, and disturbed soils, most likely Osier and
Psamments series soils. The adjacent high ground site, located directly across the canal,
adjacent to this upland area, is under the ownership of The Slash, LLC. The Foster property
has approximately 650-1f of shoreline that is situated along a man-made canal and basin, and
the waters of the Slash Creek. Significant portions (about 50 %) of this and the adjacent basin
are bulkheaded along The Slash, LLC property. These bulkhead structures were previously
authorized by CAMA Major Permit No. 117-95, under the permittee name of Desmond R.
Foster, Jr. who previously owned this property.
The upland portion of the Foster property is vegetated with predominately yaupon holly, live oak,
wax myrtle, greenbrier, and other upland grasses and shrubs. Vegetated wetlands surround the
high ground areas. The adjacent wetland areas consist of three different type of marsh areas.
Although all three include coastal wetland marsh, they each differ, either because of slight
elevation, and/or plant species densities and types. The marsh area between NC 12 and the high
ground hummocks consists predominately of Spartina patens and Distichlis spicata, with Spartina
alterniflora becoming more frequent as the marsh area extends to the northeast toward the adjacent
waters. The area directly adjacent to the end of the basin is vegetated solely with Sp. alterniflora.

Desmond R. Foster, Hatteras Village, Dare County
FIELD INVESTIGATION REPORT
Page 3
The wetland area adjacent to the high ground hummocks and the man-made basin is vegetated with
a mixture of Spartina alterniflora, Juncus roemerianus, Spartina patens, Distichlis spicata, Myrica
cerifera, Borrichia frutescens, Magnolia virginianna, Juniperus virginianna, Salix spp., Iva
frutescens, and Baccharis halimifolia. The land elevation along the shoreline in most of this area is
about 2-ft above the NHWL. This wetland fringe area ranges between 2 and 25-ft in width.
Spartina alterniflora is present along three portions of this fringe, located at the end of the basin,
near the mid -point of the basin shoreline alignment, and at the confluence of the basin and Slash
Creek entrance area. In this vicinity, the Sp. alterniflora fringe is 25-ft wide along portions of this
wetland area.
The wetland marsh area on the north side of the high ground hummock area extends southwest
from the Slash Creek shoreline toward NC 12 where it merges with the first described wetland
area. This marsh area is thick and healthy and is vegetated in almost entirely Sp. alterniflora with
some Juncus roemerianus, Distichlis spicata, and Spartina patens.
The canal water depths range between a few inches and 3.5-ft, at the NHWL. According to the
submitted platwork, the Foster tract includes a property line that transects this canal from
southeast to northwest, and this property line runs approximately 8 to 10-ft parallel, and off of the
opposite shoreline. This canal appears to have been excavated, from wetlands, and according to
aerial photography, has been in existence at least since 1978. This canal / basin connects to the
Slash Creek by way of a narrow entrance canal near the northeastern -most portion of the Foster
tract. The Slash Creek flows through Hatteras Village, as it meanders from the canal that enters
into the Teach's Lair Marina basin, then underneath NC 12, then through a mostly marsh area
between Eagle Pass Road and NC 12, where it eventually crosses beneath NC 12, near the
applicant's property, and flows northeast where it again connects to the Pamlico Sound. The Slash
Creek is one of Hatteras Village's best-known, and most controversial waterways. In recent
years, this waterway has been central to development and conservation issues between locals,
newer residents, fishermen and big developers.
The canal bottom consists predominately of fine sand, with more organic -muck material located at
the most landward end of the canal, as well as along the shoreline near the narrow entrance canal
near the northeastern -most portion of the tract. Portions of the canal shoreline have experienced
erosion. In these areas, an erosion escarpment exists along a significant portion of the canal
shoreline. In some areas, the escarpment has undercut the wetland fringe as much as one foot.
Along some of these areas, Sp. alterniflora has established itself along the eroded spoils that have
deposited waterward of the escarpment. During the application site visit, there were some visible
areas of submerged aquatic vegetation located primarily near the end of the canal. However, no
shellfish were observed along the canal water bottom. Juvenile finfish and some crustaceans were
observed within the waters and wetlands along the shoreline.

Desmond R. Foster, Hatteras Village, Dare County
FIELD INVESTIGATION REPORT
Page 4
The waters of this canal carry the same water classification as the Pamlico Sound. The North
Carolina Environmental Management Commission has designated these waters as `SA' waters
(suitable for shellfish propagation and harvesting); however, the waters in this vicinity are closed
to the commercial harvest of shellfish. The North Carolina Marine Fisheries and Wildlife
Resources Commissions classify the waters of the Pamlico Sound as Coastal Waters.
The Coastal Resources Commission (CRC) has also designated these waters as Estuarine Waters
and Public Trust Areas of Environmental Concern (AEC). Also under the designation of the
CRC, an Estuarine Shoreline AEC extends in a contour of 75-ft landward of the NWL/NHWL.
Coastal wetland vegetated areas, like the one described above, have also been designated as a
Coastal Wetland AEC by the CRC.
Project Description
This proposal involves the construction of approximately 1,100-1f of retaining a wall/bulkhead
structure. The project, in general, proposes to encircle, and to stabilize the above described high
ground area with a bulkhead and retaining wall structure. The bulkhead portion of the structure
will be used to stabilize the shoreline areas where erosion and the loss of property have occurred.
The retaining wall structure will be utilized to stabilize the existing upland areas that are adjacent
to significant coastal marsh areas, and to also connect the bulkhead portion of the structure while
the structure alignment avoids these significant portions of the coastal wetland resources located
near the alignment. The proposed alignment will avoid the filling of the existing Sp. alterniflora
wetland fringe areas along the canal shoreline.
The project includes approximately 280-1f of bulkhead with an average waterward alignment of 7-
ft at the NHWL, and a maximum waterward alignment of 10-ft, at the NHWL. The proposed
bulkhead alignment will commence near the southwest end of the canal, and will extend to, or
slightly (1-ft) beyond the NHWL. The alignment will extend northeast 100-1f, and then curve
landward in order to avoid a significant portion of the existing coastal wetland fringe. The
proposed alignment will circle these wetlands, reverting to a retaining wall, and then continue
northeast back to the shoreline. The alignment will then extend waterward an average of 7-ft, and
continue along the shoreline approximately 180-1f. The alignment will then turn northwest, and
landward, in order to avoid additional coastal wetland resources. The remainder of the structure
alignment will continue around the upland portion of the site, southwest, then southeast, then
northeast to connect to the bulkhead portion of the structure along the canal shoreline.

Desmond R. Foster, Hatteras Village, Dare County
FIELD INVESTIGATION REPORT
Page 5
This project also involves the construction of an elevated, 12-foot wide, pile supported, wooden
driveway to provide a vehicular access from NC 12 to the high ground portion of the property.
The structure will extend from the high ground adjacent to NC 12, and continue northeast,
approximately 524-If toward the upland hummock area. The structure will extend to the retaining
wall area that will be constructed along the southwest end of the high ground, hummock area.
The structure will be elevated 3-ft above the surrounding wetland substrate, and will be built from
treated lumber.
Anticipated Impacts
This project does not propose any non -water dependent use development, and will not interfere
with any adjacent riparian public trust access. The bulkhead alignment will result in the filling of
approximately 1,500-sf of Estuarine Waters and Public Trust Area. The bulkhead alignment will
also result in the loss of approximately 370-sf of coastal wetlands, along with an additional 1,000-
sf of US Army Corps of Engineers (US ACE) jurisdictional wetlands. The project will also result
in approximately 0.4-acres of upland land disturbance associated with the retaining wall/bulkhead
structure tieback and backfill area.
The proposed elevated driveway is actually a bridge across the existing coastal wetland marsh that
separates the high ground portion of the applicant's property from access to , and by NC 12. This
structure will result in the shading of approximately 6,300-sf of coastal wetland marsh. The
structure will be elevated at least three feet above the wetland marsh substrate (ground), and will
avoid the filling of wetland resources. The structure will provide vehicular access to the
applicant's upland portion of his property.
Although this project will result in the filling of 1,500-sf of Public Trust Area, the water depths in
these proposed fill areas are one foot, or less in depth, and provide minimal public trust use. This
project's primary impacts will result from the loss of shallow water habitat. In the past, the
applicant has had other proposals to fill waters and marsh areas associated with developing this
property. The current proposal represents a significant coastal resource loss reduction compared to
earlier proposals.
An inspection of mapping data on cultural resources revealed that archaeological or cultural
resource findings in the vicinity of this project have been recorded on the available maps. It
is important to note that Hatteras Island has a rich heritage in cultural resources, and these
maps have not been updated in at least 10 years. The Hatteras Island vicinity has had an
increased rate of development in recent years, and the potential of cultural artifact discovery
may be elevated when considering the current building boom that is occurring on Hatteras
Island.
Submitted by: Dennis W. Hawthorn Date: May 6, 2003

EXHIBIT B

BK091ve,0252
STATE OF R?aI Estale =
cxclseTax.
002013 z 4 O. 00 --
o
P.B.Igit7
MUIC C01 10". ""All
$4o.00
Battle Tax
17 ...0
'93OCT zo f;n I1 11
r;Y
tL G.
Recording Time, Book and Page
Tex Lot No..
.... 1.. ............ . ........ . ....... Parcel Identifier No.. ..... .
Verlfied by ......:......r.....;.:a. ;.,:. '• i..e-.—r- --.:..
l.vtn -county onlhe day of .. ......... .................. 18............
Yb............................ :....... �,-.,,....;....:.r ... ......... ....
G .
Mall alter recording to .....Twiforft,_Orr190f1, O'Neal & Vincent, P.O. Box 99, Elizabeth City..
.............................................................. .... .....................................................................................
North,Carolina 27907-0099
.................................. I ............................ I............................ . ... ............... ..... I......................
This Instrument was prepared by ........Edward A. O' neal
.................................. .. .. ....... ........ ..................
Brief description for the Index
NORTH CAROLINA GENERAL WARRANTY Dr1:1)
THIS DEED made this 119t....... day of .. December Ip .92,,. by and between
GRANTOR
LUCY C. BALLANCE, Widow and
BIOUS WINGATE WILLIAMSON and wife,
BARBARA DECOVER WILLIAMSON
V..
GRANTEE
DESMOND R. FOSTER, JR., and wife,
FAYE B. FOSTER
P. 0. Box 459
Ilatteras, NC 27943
Enter In appropriate block for each party: name, address, and, If •pproprlde, character of rattly, e.q. corporation or partnership.
The designation Grantor and Grantee as used herein shall Include said parties, their heirs, successors, and assigns, and
shall Include singular, plural, masculine, feminine or neuter as required by context.
WITNESSETH, that the Grantor, for a valuable consideration paid by the Grantee, the receipt of which Is hereby
acknowledged, has and by these presents does grant, bargain, sell and convey unto the Grantee In fee simple, nil that
certain lot or parcel of land situated in the 0il0eot Village of Ilatteras.... ..Hatteras ....... Township,
.......... RA.FR................................. County, North Carolina and more particularly described as follows:
BEGINNING at a point located on the Eastern right-of-way of N.C.
12, said point being located North 31 deg. 01 min. 47 sec. West a
distance of 124.55 feet from a survey monument "A 193"; running
thence along the Eastern right-of-way of N.C. 12 North 31 deg. 09
min. 44 sec. West 131.25 feet to a point, cornering; running thence
North 45 deg. 50 min. 23 sec. East 1,251.32 feet to a point,
cornering; running thence South 04 deg. 2e min. 08 sec. West 444
feet to a point; running thence South 55 deg. 45 min. West 962 feet
to the POINT AIID PLACE G5e BE' IU 11IG being inure particularly
described on a,pl.at entitled "Survey for Desmond A. Foster, Sr. 6
Faye B. Foster" dated June 20, 1993' Scale 1" = 100' prepared
by Don Rankin Land Surveying,
N.C. ear A.roe. ►arm No. 1A O Iall
Hord by Apro t At, IM N.C. an ANodnb. — till
POOIr PONTINO Co. a10 P.O. 009 Inn AµBGK N.C.lrlll
V
iI

RK891PG0253
The property herelnabove described was acquired by Grantor by Instrument recorded In . ........ ..... ... ....:.
k... 1;19.... RageJ..02a pare County...F.vblic,Regiatry.................................................................
A map showing the above described properly In recorded Ili Plat Book .. .. .... pnge ............... .
TO HAVE AND TO HOLD the aforesaid lot or parcel of land and all privileges and appurtenances thereto belonging to
the Grantee in fee simple,
And the Grantor covenants with the Grantee, that Grantor in seized of the prendses hi fee simple, has the right to convey
the same in fee simple, that title Is marketable and free and clear of all encumbrances, and that Grantor will warrant
and defend the title against the lawful claims of all persons whomsoever except for the exceptions hereinafter elated.
Title to the property hereinabove described is subject to the follolring exceptions:
Easements, Restrictions And Rights -of -Way of record.
Any portion of above property located below the navigable waters adjoining
property.
Encroachment shown on the above referenced survey.
IN WITNESS WHEREOF, the grantor has boleanle It his bond and seal, er If Isr Porate, has fau.rd this I,Oiromenl to be tl■■ned In Its
...Perot. noes by Its duly anurotlsed offl.en and Its rut to be hereunto afllsed by authority of Ili Board of Illeeelor., the day and year ant
above Iranian.
----------------------------------"- ......................... J �=
(Carport. Nome? ,.4
O
By: ....................... ........................ — ---------
t4
..............................President •rli'
x
Arrears �
........................................................ Of
--------------------------- Secretary (corporate Seel/ Cal
In
lCotpar t. Nmtl 17
z
MITI........................................................... p
..............................prefidenl
ArrEErt
V
...........................secretary (Corporate Seal) N
ty
BAL — )
e 1%
BARBARA DECOVER WILLIAMSON
................................
............................
...-"'---- .__(SEAL)
•
............................................................(SEAL)
.............................................................
_...__•__•_•.................reEAL)
--------------------------------------------- ................ tSCAL)
n
.............(BEAL) e
................................................

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EXHIBIT C

EICAMA / [ DREDGE &t FILL
GENERAL PERMIT
QNew : ❑Modification ❑Complete Reissue
❑P/ialReissue
Previous permit #_
Date previous permit
... �l!;el06�l1
As authorized by the State of North Carolina, Department of Environment and Natural Resources
and the Coastal Resources Commission in an area of environmental cohcem pursuant to I SA NCAC 64 1-1 . 11
Rules attached..
Applicant Name - P. ri
Address U f'�W A 5q
City I-, iz ✓\ SIC State ZIP2 C
Phone # (_) Fax
Authorized AgentE-- 6;uGZ(-, Wes'? 441 VZ5j
Affected O CW P- W 2WA i2fS ❑ PTS
AEC(s): OEA ❑ HHF 019 ❑ uBA ❑ WA
❑ P/W�S: ❑FC:
ORW: yes / ho/J PNA yes Crlt. Hab. yes /
Project Location: County DARE
Street Address/ State Road/ Lot #(s) PA n c ¢ L 'L
CZIPZ7ri'425
Phone # ( ) River Basin PAS 0
Adj. Wtr. Body �-'I • M • r3.iy ' L h IA C Q =IC nat man /unW
Closest Maj. Wtr. Body. PA t" l-1 C u St�U�lll
Type of Project/ Activity Bout h O.OA 2Z!L1s11= 9 r?=-TLLi ( kxWIL STgkl
Pler (dock) length
Platform(s)
Finger
Groin length
number
$ulkhead Riprap length
l ---avg distance offshore
max distance offshore 11A,'
Basin• channel
cubic yards
Boat ramp
Boathouse/ Boatlift
Beach Bulldozing
Other,(1� , p
Shoreline Length #
SAM not sure yes Gp/
Sandbags: not sure yes
Moratorium: n/a "yes
Photos: yes
Waiver Attached: yes
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ENVIRONMENTAL PROFESSIONALS, INC. DESMOND'R. FOSTER JR. & FAYE B. FOSTER
Planning for a Better Environment DEVELOPMENT SKETCH
a 2810 N. CROATAN HIGHWAY
\ P.O. BOX 3368HATTERAS_
KILL DEVIL HILLS, NC 27948DARE COUNTY NORTH CAROLINA
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ENVIRONMENTAL
PROFESSIONALS
-INC
PLANNING FOR
A BETTER
ENVIRONMENT
May 13, 2004
North Carolina Division of Coastal Management
Attn: Mr. Dennis Hawthorn
1367 U.S. 17 South
Elizabeth City, NC 27909
Dear Mr. Hawthorn,
(Via Facsimile: 252-264-3723 & Mail)
This letter is with reference to the application that Environmental Professionals, Inc. has made on behalf of
Mr. Buddy Foster for improvements to his property in Hatteras, North Carolina. This application has been
reviewed by your office and determined to be incomplete and requests for additional information have been
made. Based on subsequent meetings with the Division of Coastal Management, we have determined that
the application for the CAMA Major Development Permit will not be pursued at this time. This is based in
part due to my client's acceptance of a bulkhead alignment which avoids filling coastal wetlands and meets
the conditions of 15A NCAC 07H.1100.
By copy of this letter, we request that the current application, which has been submitted, be retired and any
further processing be terminated.
Thank you for your consideration.
Sincerely,
Environmental
P/rofess1 nals, Inc,
rge H. Wood, CEP, PWS
GHW:kac
P.O. BOX 3368 o KILL DEVIL HILLS, NORTH CAROLINA 27948-3368.• 252-441-0239
FAX: [phone] • EMAIL: [e-mail]

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EXHIBIT D

JAMESE.HUNTJR.
GOVERNOR
WAYNE MCDEVITT
SECRETARY
- NORTH CAROLINA DEPARTMENT OF
ENVIRONMENT AND NATURAL RESOURCES
DIVISION OF COASTAL MANAGEMENT
March 15, 1999
CERTIFIED MAIL
RETURN RECEIPT REQUESTED
Mr. Desmond R. Foster, Jr.
P. O. Box 459
Hatteras, North Carolina 27943
Dear Mr. Foster:
This letter is in reference to your CAMA Major Permit Application, received
by the Elizabeth City Field Office on 19 February 1999, to develop your property
located on NC 12 in Hatteras Village, Dare County, North Carolina, and adjacent to
Slash Creek and to dredge 900 feet at Slash Creek. This letter is also in reference to
a letter from Frank Jennings of my staff to you regarding this project, dated 20 July
1998 as well as an on -site meeting with Frank Jennings, myself, and others held on
15 July 1998.
At the on -site meeting it was determined that your project included the
excavation or dredging of a new navigation channel which requires the preparation
of an environmental document under the North Carolina Environmental Policy Act
(NCEPA) as per 15A North Carolina Administrative Code O1C.0504(3)(F). If a
NCEPA document is required for a proposed development, preparation of an
Environmental Assessment (EA) will be required. The purpose of the EA is to
provide a decision making tool to determine if a planned project is of such
significance or scope and impact on the environment as to require the preparation of
a Environmental Impact Statement (EIS). Upon satisfactorily completing the initial
environmental assessment, processing of Coastal Area Management Act permit
applications may begin and may run concurrently with the NCEPA review. Your
application did not include an EA or any supporting information which would prove
that this work did not constitute a new navigation channel; therefore, because your
application is incomplete, I am returning your entire application package, including
your check #1548 for $250.00. The application may be resubmitted with the
environmental document or anytime thereafter.
Should you wish to appeal this decision, you are entitled to a hearing. The
hearing will involve appearing before an Administrative Law Judge who listens to
ELIZABETH CITY OFFICE
1367 U.S. 17 SOUTH ELIZABETH CITY. NC 27909
PHONE [phone] FAX[phone]
AN EQUAL OPPORTUNITY / AFFIRMATIVE ACTION EMPLOYER - 50% RECYCLEW 0% POST -CONSUMER PAPER

Mr. Desmond R. Foster, Jr.
March 15, 1999
Page Two
the evidence and arguments of both parties and then makes a recommendation to the
Coastal Resources Commission. Your request for a hearing must be in the form of
written petition, complying with the requirements of Chapter 150B of the General
Statutes of North Carolina. The original petition must be filed with the Office of
Administrative Hearings, P. O. Drawer 27447, Raleigh, North Carolina 27611-7447
(919-733-2698) within 60 days of this decision on your permit application. A copy
of the petition should be filed with the Director of the Division of Coastal
Management, P. O. Box 27687, Raleigh, North Carolina 27611-7687 and with the
Attorney General's Office (Environmental Division), P. O. Box 629, Raleigh, North
Carolina 27602-0629.
Sincerely,
Charles S. Jons
Assistant Director
CSJ/dc
cc: Donna Moffitt, DCM Director
John R. Parker, DCM Permit Processing Coordinator
Raleigh Bland, US Army Corps of Engineers, Washington Regional Office
Frank A. Jennings, III, DCM

EXHIBIT E

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
NOTICE OF VIOLATION
April 15, 2005
CERTIFIED MAIL
RETURN RECEIPT REQUESTED
Mr. Desmond R. Foster, Jr.
P.O. Box 459
Hatteras, NC 27943
RE:NOTICE OF VIOLATION AND REQUEST TO CEASE UNAUTHORIZED DEVELOPMENT
CAMA VIOLATION #05-08A
Dear Mr. Foster:
This letter confirms that on April 7, 2005, Raleigh Bland of the US Army Corps of Engineers (USACOE),
John Cece, Field Representative for the NC Division of Coastal Management (DCM), and I met you onsite
at your property located adjacent to Slash Creek Condominiums located in or near Hatteras, off NC 12,
Dare County, North Carolina. The purpose of the visit was to investigate unauthorized filling of Coastal
Wetlands and the leveling of two spoil piles adjacent to a man-made basin off Slash Creek.
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 (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: This requirement is imposed
by North Carolina General Statute (N.C.G.S,)113A-118.
1 have information that indicates you have undertaken or are legally responsible for filling of Coastal
Wetlands and the leveling of two spoil piles adjacent to a man-made basin off Slash Creek. This activity
took place in Coastal Wetlands (CW) and Estuarine Shoreline (ES) that are contiguous with the Slash
Creek. CW and ES areas 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 $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, 11 3A-1 26).
1367 U.S.17 South, Elizabeth City, North Carolina 27909
Phone: [phone]FAX: [phone]nternet: wwr.nccoastalmanagement.net
An Equal Opportunity 1 Affirmative Action Employer — 30% Recycled by Fiber Weight

Mr. Desmond R. Foster, Jr.
April 15, 2005
Page 2
It is the policy of the Coastal Resources Commission to levy a minimum civil assessment of $500 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.
You are also in violation of the State's Dredge and Fill Act 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. 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.
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 on April 26, 2005, to
determine whether this REQUEST TO CEASE AND DESIST has been complied with and to assess the
extent of the unauthorized development activity. Restoration will be required at the site and you will be
mailed a restoration plan after my assessment has been made.
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 252-264-3901
Sincerely,
Frank A. Jennings, III
Coastal Management Representative
FAJ/ybc
cc; Ted Tyndall, Assistant Director, DCM, Morehead City
Ted Sampson, District Manager, DCM, Elizabeth City
Roy Brownlow, Compliance Coordinator, DCM, Morehead City
Raleigh Bland, USACOE, Washington

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EXHIBIT F

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
NOTICE OF VIOLATION
May 5, 2005
CERTIFIED MAIL
RETURN RECEIPT REQUESTED
Mr, Desmond R. Foster, Jr.
P.O. Box 459
Hatteras, NC 27943
RE:NOTICE OF VIOLATION AND REQUEST TO CEASE UNAUTHORIZED DEVELOPMENT
CAMA VIOLATION #05.08A
Dear Mr. Foster:
This letter confirms that on May 4, 2005, Ted Tyndall, Assistant Director for the Division of Coastal
Management (DCM,) Raleigh Bland of the US Army Corps of Engineers (USACOE), and I met Mike
Hooper, Grandy Hooper, and you onsite at your property located adjacent to Slash Creek Condominiums
located in or near Hatteras Village, off NC 12, Dare County, North Carolina. The purpose of the visit was to
investigate unauthorized filling of Coastal Wetlands and the leveling of two spoil piles adjacent to a man-
made basin off Slash Creek. This letter is also in reference to my Notice of Violation, sent to you, on April
15, 2005 by certified mail.
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 (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. This requirement is imposed
by North Carolina General Statute (N,C.G.S.)113A-118.
I have information that indicates you have undertaken or are legally responsible for filling of 9900 square
feet of Coastal Wetlands and the leveling of two spoil piles adjacent to a man-made basin off Slash Creek.
This activity took place in Coastal Wetlands (CW) and the Estuarine Shoreline (ES) that are contiguous
with the Slash Creek. CW and ES areas 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.
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— 30% Recycled by Fiber Weight

Mr, Desmond R. Foster, Jr.
NOV 05-08A
May 5, 2005
Page 2
I request that you immediately CEASE AND DESIST any further unauthorized activities within designated
Areas of Environmental Concern, 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 $500 not to
exceed $2,500 against all violations of this type. 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.
You are also in violation of the State's Dredge and Fill Act 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. 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, Title 15A, Subchapter 07H. State Guidelines for Areas
of Environmental Concern, the activity you have undertaken, filling of Coastal Wetlands and the leveling of
two spoil piles adjacent to a man-made basin off Slash Creek, is not consistent with Section 07H.0205
Coastal Wetlands and 07H.0208 Use Standards for Coastal Wetlands, Therefore, I am requesting that the
unauthorized fill material be removed.
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.

Mr. Desmond R. Foster, Jr.
NOV 05-08A
May 5, 2005
Page 3
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 252-264.3901. 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).
Sincerely,
Frank A. Jennings,, III
Coastal Management Representative
FAJlybc
cc: Ted Tyndall, Assistant Director, DCM, Morehead City
Ted Sampson, District Manager, DCM, Elizabeth City
Roy Brownlow, Compliance Coordinator, DCM, Morehead City
Raleigh Bland, USACOE, Washington
Enclosure

U_
NOV 05-08A
May 5, 2005
Page 4
RESTORATION PLAN
For
Desmond R. Foster, Jr,
North side, NC 12, Slash Creek, Hatteras Village, Dare County
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I, Desmond R. Foster, agree to remove all unauthorized fill material placed in the adjacent marsh, Coastal
Wetlands.
I agree to complete this restoration to the satisfaction of the Division of Coastal Management (DCM) by June 6,
2005, 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 inspected.
SIGNATURE:
DATE:
It is the policy of the Coastal Resources Commission to levy a minimum civil assessment $500 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 on injunction sought to require restoration.

■ Complete Items 1, 2, and 3. Also complete
Item 4 If Restricted Delivery is desired.
-s• P'rint your name and address on the reverse
so that we can return the card to you.
■ Attach this card to the back of the mailplece,
or on the front If space permits.
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EXHIBIT G

w
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
September 23, 2005
Mr. Desmond R. Foster, Jr.
P.O. Box 459
Hatteras, NC 27943
RE:RESTORATION ACCEPTANCE — CAMA VIOLATION #05-08A
Dear Mr. Foster:
This letter is in reference to the Notice of Violation #05-08A sent to you dated May 5, 2005 for
the filling of 9,900 square feet of Coastal Wetlands and the leveling of the spoil piles adjacent to
a man-made basin off Slash Creek, within the Coastal Wetlands and Estuarine Shoreline Areas
of Environmental Concern. The violation took place on your property located adjacent to Slash
Creek Condominiums located in or near Hatteras Village, off NC 12, Dare County, North
Carolina. This unauthorized activity constituted development and you were requested to remove
the unauthorized fill material. In accordance with the North Carolina Administrative Code, Title
15A, Subchapter 7J.0410, any violation involving development which is inconsistent with
guidelines for development within Areas of Environmental Concern must be corrected by
restoring the project site to pre -development conditions to recover lost resources or to prevent
further resource damage.
I conducted a site visit at the aforementioned property on September 20, 2005 to inspect the
restoration of the unauthorized activity addressed in the Notice of Violation #05-08A. Based on
this inspection, it appears the restoration is accomplished to the satisfaction of this Division.
Upon my submission of an enforcement report, you will be notified as to the amount of the civil
penalty for undertaking this unauthorized activity within an Area of Environmental concern.
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 252-264-3901.
Sincerely,
Frank A. Jennings, III
Coastal Management Representative
FAJ:ybc
cc: Ted Tyndall, Assistant Director, DCM, Morehead City
Ted Sampson, District Manager, DCM, Elizabeth City
Roy Brownlow, Compliance Coordinator, DCM, Morehead City
Raleigh Bland, USACOE, Washington
1367 U.S. 17 South, Elizabeth City, North Carolina 27909
Phone: [phone] FAX: [phone] \ Internet: www.nccoastalmanagement.net
An Equal Opportunity \Affirmative Action Employer— 3T/, Recycled by Fiber Weight

EXHIBIT G

LTIMA
r_
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
September 23, 2005
Mr. Desmond R. Foster, Jr.
P.O. Box 459
Hatteras, NC 27943
RE:RESTORATION ACCEPTANCE - CAMA VIOLATION #05-08A
Dear Mr. Foster:
This letter is in reference to the Notice of Violation #05-08A sent to you dated May 5, 2005 for
the filling of 9,900 square feet of Coastal Wetlands and the leveling of the spoil piles adjacent to
a man-made basin off Slash Creek, within the Coastal Wetlands and Estuarine Shoreline Areas
of Environmental Concern. The violation took place on your property located adjacent to Slash
Creek Condominiums located in or near Hatteras Village, off NC 12, Dare County, North
Carolina. This unauthorized activity constituted development and you were requested to remove
the unauthorized fill material. In accordance with the North Carolina Administrative Code, Title
15A, Subchapter 7J,0410, any violation involving development which is inconsistent with
guidelines for development within Areas of Environmental Concern must be corrected by
restoring the project site to pre -development conditions to recover lost resources or to prevent
further resource damage.
I conducted a site visit at the aforementioned property on September 20, 2005 to inspect the
restoration of the unauthorized activity addressed in the Notice of Violation #05-08A. Based on
this inspection, it appears the restoration is accomplished to the satisfaction of this Division.
Upon my submission of an enforcement report, you will be notified as to the amount of the civil
penalty for undertaking this unauthorized activity within an Area of Environmental concern.
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 252-264-3901.
Sincerely,
Frank A. Jennings, III
Coastal Management Representative
FAJ:ybc
cc: Ted Tyndall, Assistant Director, DCM, Morehead City
Ted Sampson, District Manager, DCM, Elizabeth City
Roy Brownlow, Compliance Coordinator, DCM, Morehead City
Raleigh Bland, USACOE, Washington
1367 U.S.17 South, Elizabeth City, North Carolina 27909
Phone: [phone] \ FAX: [phone] \ Internet: www.nccoastaimanagement.net
An Equal Opportunity \ Affirmative Action Employer- 30% Recycled by Fiber Weight

EXHIBIT H

2003 Dare County Land Use Plan
County Commissioners
Warren Judge, Chairman
John Robert Hooper, Vice- Chairman
Cheryl Byrd
Renee Cahoon
Richard L. Johnson
Virginia Tillett
Stan M. White
Planning Board
Elmer R, Midgett, Chairman
John Finelli
Jim Kinghorn
John G. B. Myers III
Marcia Parrott
Joseph Thompson
Ricky Scarborough, Jr.
Technical Assistance on Plan
Dare County Planning Department
Raymond P. Sturza II, Planning Director
Donna V. Creet Senior Planner
_Dare County Information Technology Department
Greg Ball, GIs Mapping
Sherry Hunter, Website Coordinator
Public Participation
Glenn Harbeck Associates, Wilmington, NC

Throughout this document there are references to the desire of Dare County to reserve the right to
examine issues on a `case -by -case" basis. When the reader encounters this language it should be
assumed it is added to a particular issue or policy for emphasis. This occurs out of the County's
reservation about the "one size fits all" tendency of State and Federal regulatory agencies and Dare
County's unique characteristics versus the other costal communities in North Carolina. It is for this
reason that Dare County often finds that what may be wise in some areas in terms of regulatory
policy is contrary to the best interest of the citizens of Dare County.
There are many existing State and federal regulatory programs for resource protection that apply in
Dare County. In some instances, such as fisheries management or wetland protection, there are no
local regulatory programs and Dare County relies on these State and federal programs in the absence
of local programs. However, the absence of local regulations should not be interpreted as a lack of
concern about resource protection. The absence of local regulation may be due to the inability of the
local elected officials to develop a consensus about regulatory standards or may be a desire to avoid
regulatory duplication in a matter where other agencies already exercise regulatoryjurisdiction.
The Dare County Land Use Plan is established to provide policies and implementation strategies for
resource protection, resource production and management and growth and development. The
elected officials, advisory boards and planning staff should use these policies and implementation
strategies in considered rezoning proposals, development and re -development proposals, and
ordinance enactments and amendments. . Although measures are taken to avoid conflicts between
the LUP and County ordinances, in instances when they do occur, the ordinance will take precedence
since the LUP is a non -binding policy document. The resolution of such conflicts may be
accomplished through an ordinance amendment or a change of the LUP policy as may be appropriate
on a case by case basis.
WETLANDS
Coastal wetlands are defined as any salt marsh or other marsh subject to regular or occasional
flooding by tides, including wind tides, whether or not the tide waters reach the marshland areas
through natural or artificial sources, providing this shall not include hurricanes or other storm tides.
In Dare County, the estuarine shoreline is generally covered by coastal marsh grass. The position of
A these wetlands, often between usable high ground and deeper navigable waters, has placed
considerable pressure on these environmentally significant areas.
!; In addition to coastal wetlands, there are areas known as freshwater marshes or freshwater wetlands
that are subject to the regulatory provisions of Section 404 of the Clean Water Act, hence these areas
are often referred to as 404 wetlands. The US. Army Corps of Engineers has been delegated the
regulatory responsibility of managing these 404 wetland areas and interpreting the rules that apply to
freshwater wetlands. Over the years, the federal definition of what constitutes a freshwater wetlands
a has changed depending on federal policy guidelines, but generally a freshwater wetland can be
described as soils that are hydric, that sustain plant life that depends on periodic flooding, or are areas
that are frequented by migratory birds. One of the Corps' programs used to manage freshwater
wetlands is known as the Nationwide permit program. Nationwide permits are available for fill
t' activities that involve small areas or "pockets" of freshwater wetlands. Discussion by the
Planning Board indicated continued support of the existing federal regulatory program administered
t: 53

by the Corps and the nationwide permit program. However, concern was noted about the rigid
interpretations and delineations of wetlands pockets that sometimes preclude otherwise acceptable
development projects.
Another aspect of wetlands management is the concept of mitigation.. Mitigation involves the
creation of, or dedication of wetlands sites, to compensate for the loss of wetlands as a result of
development activities. In simple terms, mitigation can be thought of as a trade-off of wetlands at
one site for the alteration or loss of wetlands in another area. Generally, the topic of mitigation is
categorized as public purpose projects (those projects undertaken by the public sector) and mitigation
in conjunction with private development projects. The Planning Board discussed this issue
extensively during the update process. There was a consensus of support for wetland mitigation for
public sector projects among the Planning Board and among respondents to the land use plan
questionnaire. For private sector projects that may propose wetland mitigation, the Planning Board
felt that private projects should be reviewed on an individual basis and judgments based on any
benefits the project may provide to the community.
Development within any coastal wetland AEC should be constructed according to any applicable
local, State or Federal regulations.
Policy #1
Dare County advocates the use of existing (2002) State and Federal regulatory programs for
protecting and preserving coastal wetland areas of environmental of concern. Dare County reserves
the right to review, comment, advocate, or oppose any proposed regulations or programs that may
affect the regulation of coastal wetland areas of environmental concern.
Policy #2
Dare County supports the use of mitigation for the loss of wetland areas for public purpose projects.
Private development projects that proposed wetland mitigation may be supported by Dare County if
such projects will serve an identified public need and/or policy of the land use plan. For both public
and private mitigation projects, up to 25% of the mitigation should take place on site or in Dare
County.
Policy #3
Dare County supports the U.S. Army Corps of Engineers nationwide permit program as administered
in 2002. This support is based on the current scope of permitting limits on the nationwide program
and not on any changes that may result in a different policy.
Implementation Strategies:
1. Implementation and enforcement of CAMA use standards for coastal wetland AECs as identified
under 15NCAC7H, Sections .0205 and.0208.
2. The County will continue to administer the CAMA local permit enforcement program and
maintain the staff necessary for this work.
3. As may be necessary to facilitate implementation of permit programs for wetland management.
OCEAN SHORELINE
The immediate oceanfront area on any barrier island quickly identifies itself for special management
guidelines. Management alternatives include setback standards to address erosion, minimum
54

EXHIBIT I

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FOSTER, DESMOND RJR
FOSTER, FAYE SUBDIVISION - NONE
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EXHIBIT K

CHRONOLOGY OF FOSTER VIOLATION
11 21 02: Foster submitted a Major Permit application to construct 1,100 feet
of bulkhead/retaining wall around existing spoil piles, fill 370
square feet of Coastal Wetlands, 1,000 square feet of 404 wetlands
and 1,500 square feet of Public Trust Area and Estuarine Waters,
as well as to construct a wooden bridge to access the site.
11 26 02: Ted Sampson sends incomplete letter to Foster.
02 19 03: Dennis Hawthorn met with Foster to discuss development proposal.
02 21 03: Dennis Hawthorn conducted site visit with Foster.
04 04 03: Dennis Hawthorn conducted site visit.
05 06 03: Dennis Hawthorn submits field report.
05 14 03: Major Permit application mailed out for review with field report.
09 18 03: Hurricane Isabel struck.
05 13 04: Application is requested to be withdrawn.
05 14 04: General Permit #37329A is issued to Foster by Hawthorn for 500
feet of bulkhead with 500 feet of backfill.
04 07 05: Frank Jennings met with Foster on site to inspect property. Raleigh
Bland, USACOE, and John Cece, DCM, attended. A new vinyl
bulkhead along the canal had been constructed. Both spoil piles
were leveled and were now connected to each other. Fill had
obviously been deposited in salt marsh. Foster was advised to
cease and desist.
04 15 05: Jennings sent NOV letter to Foster.
05 04 05: Jennings met Foster on site again. This time, Ted Tyndall,
Assistant Director of DCM, and Raleigh Bland, USACOE, attended.
05 05 05: Jennings sent Foster an NOV letter that included a restoration plan.
Foster never returned a signed restoration agreement.

r
07 06 05: Jennings attended a joint DCM/USACOE meeting in Morehead City
with Foster and his counsel H. Glenn Dunn. Attending for DCM
were Ted Tyndall and Merrie Jo Alcoke and attending for the
USACOE were Raleigh Bland and Justin McCorcle. Foster agreed to
restore area at this meeting.
09 20 05: Jennings made a site visit and confirmed that Foster had restored
area.
09/23/05: Jennings sent Foster a letter to confirm determination that
restoration was complete.
09 23 05: Ted Sampson sent Foster a request for payment of a civil penalty
of $2,500, due within 10 days.
10 18 05: Elizabeth City DCM office received a letter from Foster addressed to
Charles Jones, Director of DCM, requesting the penalty be abated.
10 18 05: Ted Sampson forwarded Foster's letter to Charles Jones, Director,
in Morehead City.

Ed and Barbara Cabral Minor Permit Violation (Last name not spelled Cabual as on G.P.)
Photos taken on January 4, 2006 by Kim Hedrick
Site: Lot #1 River Haven Dr. (off SR 1310 — Whitehat Rd.), Perquimans County, adjacent to
manmade canal to Perquimans River, in estuarine shoreline AEC.
Mailing Address: 310 Drum Hill Rd., Corapeake, NC 27926
Phone:[phone] or(252)333-0390
Description dated May 3, 2006:
General Permit #40121A was issued on 1/26/05 for construction of bulkhead, excavation of
boat basin, and installation of boat lift in basin. Items on the general permit were inspected
after construction and found to be in compliance. The concrete walkway was constructed
by property owner without authorization and was never discussed with DCM. Carol
Forehand constructed items on general permit. The concrete walkway immediately
landward of bulkhead was discovered by Kim Hedrick on January 4, 2006, while
permitting adjacent to the site. Documentation and e-mail attachments of NOV forms were
sent to Perquimans County LPO, Zeke Jackson, for action on Jan. 5. On January 23, Kim
contacted Mr. Jackson for violation status, whom refused to issue NOV. A visit was made
by Kim Hedrick, Ted Sampson, and Ed Brooks with Perq. Co. manager, Bobby Darden, on
March 21, 2006, to discuss refusal of LPO to issue NOV in fear of having to make a court
appearance. Perquimans County has expressed interest in dropping LPO program and
DCM is currently waiting on paperwork from them to drop program. Ted Sampson and
Kim H. met with Mr. and Mrs. Cabral on March 27, 2006, and they admitted to the
violation, but was unaware we had jurisdiction landward of the water, and discussed interest
in cutting slats in the concrete equal to that of slatted wood walkway.
It is estimated by Kim H. that 1,920 square feet of impervious cover in the 30-ft. buffer
exists from the installation of the concrete walkway.
Photo taken facing south. Concrete
walk is 6-ft. wide.

DEPARTMENT OF THE ARMY
WILMINGTON DISTRICT, CORPS OF ENGINEERS
PO BOX 1890
WILMINGTON NC 28402-1890
Regulatory Division
Mr. Desmond R. Foster, Jr.
Post Office Box 459
Hatteras, North Carolina 27943
Dear Mr. Foster:
January 23, 2006
ps�29
JAN 3
02!Za06
MOrehead City pCM
Enclosed is my Final Order concerning the violation of your U.S. Army Corps of
Engineers Permit No. 197800080 issued to you for the construction of a bulkhead and retaining
wall, on property located off NC Highway 12, adjacent to Slash Creek and the Pamlico Sound, in
Hatteras, Dare County, North Carolina. The violation consisted of the unauthorized discharge of
fill material into high quality coastal marsh wetlands subject to Department of the Army
Regulatoryjurisdiction.
Issuance of this Order constitutes final action on this matter by the Corps for purposes of
judicial review. This Order will become effective 30 calendar days following its issuance unless
an appeal is taken under 33 U.S.C. § 1319(g)(8), or a hearing is granted at the request of a
commenter. In order to obtain judicial review, you must file a Notice of Appeal in the United
States District Court for either the District of Columbia or the District in which the violation
occurred. Such an appeal must be filed with the Clerk of the Court within 30 calendar days after
the issuance of the Final Order. Simultaneously with the filing of the Notice of Appeal, you must
send copies of the Notice by certified mail to the District Engineer and to the Attorney General of
the United States, Department of Justice, Washington, District of Columbia 20530.
If you have any questions regarding this matter, please contact Mr. Justin McCorcle of my
Office of Counsel at [phone].
Enclosure
Colonel, U.S. Army
District Commander
CERTIFIED MAIL
RETURN RECEIPT REQUESTED

-2-
Copies Furnished (with enclosure):
Mr. Danny Smith
Division of Water Quality
Surface Water Protection
Section
1617 Mail Service Center
Raleigh, North Carolina 27699-1628
Ted Tyndall
North Carolina Division of Coastal Management
400 Commerce Avenue
Morehead City, NC 28557
Merrie Jo Alcoke
North Carolina Division of Coastal Management
400 Commerce Avenue
Morehead City, NC 28557
Mr. Charles Jones, Director
Division of Coastal Management
North Carolina Department of Environment
and Natural Resources
400 Commerce Avenue
Morehead City, North Carolina 28557
Ms. Cyndi Karoly
Division of Water Quality
North Carolina Department of Environment
and Natural Resources
1650 Mail Service Center
Raleigh, North Carolina 27699-1650

k
R
1EVED
Permit: USACE General Permit No. 197800080 JAN 3 0 2006
Morehead City DCM
FINAL ADMINISTRATIVE PENALTY ORDER
Under the authority granted by 33 U.S.C. § 1319(g) and 33 CFR Part 326.6, I,
Colonel John E. Pulliam, Jr., District Engineer, Wilmington District, issue this order assessing a
Class 1 Administrative Penalty for violation of the above -referenced permit.
Name/Address of Permittee:
Mr. Desmond R. Foster, Jr.
Post Office Box 459
Hatteras, North Carolina 27943
Permitted Activity:
The construction of a bulkhead and retaining wall on property located off NC Highway 12,
adjacent to Slash Creek and the Pamlico Sound, in Hatteras, Dare County, North Carolina,
consistent with the application and plans for USACE General Permit No. 197800080, and State
CAMA Permit No. 37329-A
Condition(s) or Limitation(s) of Permit Reportedly Violated:
Mr. Foster failed to comply with special condition (e) of the permit, which states, "This general
Permit does not authorize the construction or placement of structures nor the discharge of fill
material within Department of the Army jurisdictional wetlands, seagrass or submerged aquatic
vegetation."
Description of the Nature of the Violation(s):
Mr. Foster discharged unauthorized fill material into approximately 9,900 square feet (0.22-acre)
of high quality wetlands subject to Department of the Army Regulatory jurisdiction.
It is my decision that a Class 1 Administrative Penalty in the amount of $5,000 shall be assessed
against the pemmttee. Permittee will pay the penalty by cashier's or certified check, payable to
FAO, USAED Wilmington, and delivered to the Office of Counsel, U.S. Army Engineer District,
P.O. Box 1890, Wilmington, North Carolina, 28402, within 30 days from the effective date of
this letter.
The issuance of this Order constitutes final U.S. Army Corps of Engineers action in this case for
purposes of judicial review.

-2-
This order will become effective 30 calendar days following its issuance unless an appeal is
taken pursuant to 33 U.S.C. § 1319(g)(8) or a hearing is granted. Since no hearing was held prior
to the issuance of this Order, a prior commenter may file a petition for a hearing within the 30-
day period.
Issued this day of January 2006.
Colonel, U.S. Army
District Commander

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