15-14A Jackson

NC EAR
North Carolina Department of Environment and Natural Resources
Pat McCrory Donald R. van der Vaart
Governor Secretary
July 22, 2015
Rufus Jackson
917 Halls Creek Road
Elizabeth City, NC 27906
RE. Payment of Proposed Penalty for Violations of the Coastal Area Management
Act, Pasquotank County, CAMA Violation #15-14A
Dear Mr. Jackson:
This letter will kn wl�dge receipt of your Check # g!d.Z . in the amount of $200.00,
and dated 7 a3 J b . Once the amount of the check is credited to the Department of
Environment and Natural Resources' account, this matter will be fully and completely
closed.
If you have any further questions concerning this matter, please contact me at my Elizabeth
City office at 252-264-3901.
Sincerely,
Frank Jennin , District Manager
Northeastern District
Division of Coastal Management
FJ/Kc-
cc: Roy Brownlow, Compliance Coordinator, DCM, Morehead City _
Will Creef, Coastal Management Rep., DCM, Elizabeth City
RECEIVED
JUL 2 7 70f
�uaM�HC-!H�
1367 US 17 South, Elizabeth City, NO 27909
Phone: [phone] FAX: [phone]; Internet: htto://Podal.ncdenr.orci/web/em/dcm-home
An Equal Cpponunity 1 Afflnnd" Action Employer

RECEIVED
JUL 2 i 1015
7

DCM ENFORCEMENT TRACKING REPORT
Rep. /-b ,11 C�e�-� Issuer Violation Case
Rep
Violation Description
Initial Discovery Date
Violation Description
Permit
El
Was activity
/ss /VA
(if applicable)
Discovery Method Ax, itg V /Var75 A i „ hi.
Prior CAMA or
Respondent Name(s) /J A I'Mj /I ACAL )a n
Address �� A to (fae-k It 0 ad
Phone#. 331• '/OLbo Fax
Corporate Name & Registered agent
Prior Case No: T','.
No
City i=JrZAbA V-J Cal State.ALC Zip Z'4t?
Violation Type: Project Type:
Authorizations Required:
Site Visits Respondent Site Visits
Respondent
Present
Present
No Permit 5 Private/Community 0. Major ®-CAMA
22 ! S' El
El
Permit Condition F1 GovL/Public
[2 Minor D&F
Expired Permit Commercial
General
Inconsistent w/ Rules Tier Level' a
II III
EJ
El
Violation Location and Site Dee'scCCriiptionLL
-�t
LaULong 56, Zf 41 a-°� - To, /ygz3/
'
Project Location: County
Shoreline Length d S
Street Address/ State Road/ Lot #(a)
SAV: Not Sure Yes 49>
16o oceh(-w
R2 d
Sandbags: Not Sure Yes IS
d�
1,, c
Subdivision{(�' G/bi p 1,1'L
PNA: Yes �
�
Adjacent
L /� rI
City �F1.7a fi eg-k Cr. I ZIP
y p
2/�-}- 7 b 6
ORW: Yes
Crit. Hab. Yes
Adjacent
Phone#(�Z )3,5?-400a R/Ner Basin
Ale.
Photos Yes
Adj. Wtr. Body /V{/�Q C., l,f'LMk
Unav/man /unkn)
Waiver Required Yes N�
DWy Yes �ig"�
RECEIVED
Closest M Wtr. Body
Maj. y �5UrIA' k
g. rtr/
Specify DWQ Buffer if applicable:
S DWQ BuffAreaer
NOV Date
CNOV Date
Penalty Assessment
Sent to Respondent Date
Rcvd. by Dist. Mgr. Date
Assessment Extended Yes
Initial Req. Comp. Date
Date Comp. Observed
App./Permit Fee
Penalty
No Willful/Intent.
Continuing
Extension Granted Yow"w r""
Restoration Letter
Acceptance Date
7J.0409 Ref.
Recomm. Assess.
DCM Assess.
$
$ /O V
$
$ 0 0
Total
t ,

Formal Assessments, Appeals and Reductions
Date Long Form Submitted Assessment Appealed: Yes
Date Formal CPA Submitted
Date Penalty modified
t $ 2.d (� Final Assessmen°A
Attorney General's Office for Injunction or Formal Collection
Date sent to AG E] Respondentnotresponsive to penalty/NOV Injunction to complete restoration
Date Collection Letter Sent .Date Demand Letter Sent
Violation Activities and Impacts
AECs Affected: Wetlands Impacted? Yes /Q If yes, which types:
cW EW PTA ES PT
OE4 HHF IH USA NIA SA DS CJ SY JR LS TY
PWS: FC: SS Sc SP IF BF 404
Other:
Restoration Required by the Respondent Yes AS
Dimensions in excess Dimensions to restore Final dimensions
of permit/ unauthorized activities allowed Actually restored
Development Activities -
Habitat Description
NOTES:
C-/nSeW %, ,+ �ZI�V ne f uSa
.Ze-° Ss i v of Nz- d / 5 — /`/ .4r F%.;s cgS it .
RECEIVED
�N IRMI r'
Closing
Payment Received $ Z67 Date ��S Arl Date Case Closed Z3
201

A*
NCDEE R
North Carolina Department of Environment and Natural Resources
Pat McCrory Donald R. van der Vaart
Governor Secretary
July 22, 2015
Rufus Jackson
917 Halls Creek Road
Elizabeth City, NC 27906
RE: CAMA MINOR VIOLATION #15-14A
Dear Mr. Jackson:
This letter is in reference to the Notice of Violation from July 22, 2015 that Local Permit Officer Will Creel, for
Elizabeth City, issued to you for filling within the Public Trust Shoreline at 100 Orchard Drive, Pasquotank
County. The violation involved the Public Trust Shoreline, which is an Area of Environmental Concern
designated by the Coastal Resources Commission. Based upon the site visit conducted on July 13, 2015 by
Will Creef and me, the development appears to be complete and complies with current Coastal Management
rules and regulations. After consultation with the United States Army Corps of Engineers (USACE) no
restoration is required.
The Coastal Area Management Act provides that a civil assessment of up to $2,500 plus investigative costs
may be assessed for any minor violation. It is the policy of the Coastal Resources Commission to assess a civil
penalty for all violations in order to recover some of the costs of investigating violations and/or to compensate
the public for any damage to its natural resources.
Under the rules of the Coastal Resources Commission, a proposed civil penalty in the amount of $200.00 is
appropriate for this violation. You may expeditiously resolve this matter prior to the assessment of a formal civil
penalty by accepting responsibility for the violation and paying the amount proposed above. In orderto do this,
you must: (1) sign one of the attached copies of an "Agreement to Pay Civil Assessment;' (2) attach a check or
money order for $200.00 made payable to the North Carolina Department of Environment and Natural
Resources (NCDENR); and, (3) return the signed agreement and payment to this office in the enclosed, self-
addressed envelope within ten (10) days of your receipt of this letter. Upon deposit of your check in the
Department's account, you will receive a Notice of Compliance officially closing this enforcement action.
If you do not send a signed agreement and payment to this office within ten (10) days, the Director of the
Division of Coastal Management will formally assess a civil penalty against you. You will then have the
opportunity to request a hearing on the penalty or request remission of the penalty,
RECEIVED
JUL 2 7 10S
1367 US 17 South, Elizabeth City. NC 27909
Phone: [phone] \ FAX: [phone] ; Internet: www.necoastalmanagement.net
An Equal Opportunity \ Afflrmative Action Employer

Jackson
7/22/2015
Page 2 of 3
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,
Frank Jennings
District Manager
NC Division of Coastal Management
Enclosure
RECEIVED
JUL 27 1015
Wwo

Jackson F! yj
7/22/15
Page 3 of 3
CAMA VIOLATION #15-14A FJ
UL 2 3 2015
Jackson
AGREEMENT TO PAY PROPOSED CIVIL ASSESS71 ` I.;!'
I understand that the staff of the Department of Environment and Natural Resources will propose the
assessment of a civil penalty in the amount of $200.00 against me for violation of the Coastal Area
Management Act, NCGS 113A-100 et se , committed on or near my property 1000rchard Drive in Pasquotank
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 July 22, 2015, and agree to
pay the proposed civil assessment of $200.00.
DATE
as'a - aG 3a3d
TELEPHONE NUMBER
RECEIVED
JUL 27 1015
1367 U.S. 17 South, Elizabeth City, North Carolina 27909
Phone: [phone] \ FAX: [phone] \ Internet: www.nccoastaimanagement.net
An Equal Opportunity \ Affirmative Action Employer— 50% Recycled 110% Post Consumer Paper

AWMA
NCDEE R
North Carolina Department of Environment and Natural Resources
Pat McCrory Donald R. van der Vaart
Governor Secretary
NOTICE OF VIOLATION
July 22, 2015
Rufus Jackson
917 Halls Creek Road
Elizabeth City, NC 27906
RE: NOTICE OF VIOLATION AND REQUEST TO CEASE UNAUTHORIZED DEVELOPMENT
CANA VIOLATION #15-14A
Dear Mr. Jackson:
This letter confirms that on July 13, 2015, Frank Jennings and I were onsite at your property located at 100
Orchard Drive adjacent to Newbegun Creek located in Elizabeth City, Pasquotank County, North Carolina.
The purpose of the visit was to investigate unauthorized development within the Public Trust Shoreline
adjacent to Newbegun Creek.
Information gathered by me for the Division of Coastal Management indicates that you have undertaken
minor development in violation of the Coastal Area Management Act (CAMA). No person may undertake
minor 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 Public Trust
Shoreline on the aforementioned property. This activity took place in the Public Trust Shoreline AEC that is
contiguous with Newbegun Creek. Public Trust Shoreline 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.
I request that you immediately CEASE AND DESIST any further development and contact me about this
matter. A civil assessment of up to $10,000 plus investigative costs may be assessed against any violator.
Each day that the development described in this Notice is continued or repeated may constitute a separate
violation that is subject to an additional assessment of $10,000. An injunction or criminal penalty may also
be sought to enforce any violation in accordance with N.C.G.S. 1 13A-1 26.
It is the policy of the Coastal Resources Commission to assess a civil penalty plus investigative costs
against all violations. This is done to recoup some of the costs of investigating the violation and/or to
compensate the public for any damage to its natural resources. Whether a higher amount will be assessed
RECEIVED
1367 US 17 South, Elizabeth City, NC 27909 JUL 2 7 1015
Phone: [phone] \ FAX: [phone] ; Internet: www.nocoastalmanagement.net
khM�'Msll'1k L:Il,Y
An Equal Opportunity \ Affirmative Action Employer

Jackson
7/22/2015
Page 2 of 2
will depend on several factors, including the nature and area of the resources that were affected and the
extent of the damage to them.
Thank you for your time and cooperation in resolving this important matter. If you have any questions about
this or related matters, please call me at [phone].
Sincerely,
ej(v
Will Creef
Field Representative
NC Division of Coastal Management
Cc: Frank Jennings, District Manager, DCM
Roy Brownlow;�mpliance Coordinator, DCM