14-19A Furlough

Pat McCrory
Governor
NCDENR
North Carolina Department of Environment and Natural Resources
NOTICE OF VIOLATION
August 18, 2014
CERTIFIED MAIL 7012 3460 0002 0625 5269
RETURN RECEIPT REQUESTED
William and Dwayne Furlough
106 W. Island Trail
Hertford, North Carolina 27944
John E. Skvada, III
Secretary
RE: NOTICE OF VIOLATION AND REQUEST TO CEASE UNAUTHORIZED DEVELOPMENT
CAMA VIOLATION #14-19A
Dear Messrs. Furlough:
This letter confirms that on August 5, 2014, 1 was onsite at your property located at 106 W. Island Trail,
adjacent to a man-made canal off of the Albemarle Sound, more specifically referenced as lot 44-F Holiday
Island, Perquimans County, North Carolina. The purpose of the visit was to investigate unauthorized
development involving the installation of two pilings in a canal for two personal watercraft (PWC) lifts, a
double drive -on PWC floating ramp in the adjacent canal, the installation of a gravel drive within 75' of
normal water level and the placement of a storage building within 75' of normal water level in association
with a dwelling located on an adjacent lot. This letter also confirms telephone conversations with each of
you on August 7, 2014,
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 unauthorized
development involving the installation of two pilings in a canal for two personal watercraft (PWC) lifts and a
double drive -on PWC floating ramp in the adjacent canal. You have also violated the terms or conditions
of CAMA Minor Permit No. 081010A which was issued to William Furlough on August 10, 2010 (Copy
Enclosed). For the following reasons, you are in violation of the terms and conditions of your CAMA Minor
Permit:
1) Condition #1 states - "All proposed development and associated construction must be done in
accordance with the permitted work plan drawing dated received on July 20, 2010." The permit
issued did not include the construction of a gravel driveway or the placement of a storage building
within 75' of normal water level on the property in question.
1367 US 17 South, Elizabeth City, NC 27909
Phone: [phone] FAX: [phone]; Internet: www.nocoastalmanagement.net AUG 25 21+1
An Equal Opportunity 1 Affirmative Action Employer �p

1.
William Furlough t
Dwayne Furlough
August 18, 2014
Page 2 of 2
2) Condition #3 states — "Any change or changes in the plans for development, construction, or land
use activities will require a re-evaluation and modification of this permit." — No modification of the
permit was requested.
These activities took place in Estuarine Waters, Public Trust Waters and the Estuarine Shoreline which are
contiguous with the Albemarle Sound. Estuarine Waters, Public Trust'Waters and Estuarine Shoreline
areas are designated as Areas of Environmental Concern (AEC). No CAMA permit or permit modification
was issued to you for work in these areas. Based on these findings, I am initiating an enforcement action
by issuing this Notice of Violation for violation of the Coastal Area Management Act.
I request that you immediately CEASE AND. DESIST any further unauthorized development. 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 rseparate 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.113A-126.
It is the policy of the Coastal Resources Commission to assess a civil penalty plus investigative costs
against all violations. This is done to recoup some of the costs of investigating the violation and/or to
compensate the public for any damage to its natural resources. The amount assessed will depend upon
several factors, including the nature and area of the resources that were affected and the extent of the
damage to them.
Based upon review of the Coastal Area Management Act, Coastal Resource Commission's rules, and the
local jurisdiction's Land Use Plan, the activity you have undertaken appears consistent with the guidelines
for Areas of Environmental Concern. Therefore, restoration of the impacted area is not requested at this
time.
Thank you for your time and cooperation in resolving this important matter. If you have any questions
about this or related matters, please call me at [phone]. Upon my submission of an enforcement
report to the District Manager, you will be notified as to the amount of a civil assessment for undertaking
development without first obtaining the proper permit(s).
Sincerely,
<::zJ- a- L L*7�
Lynn W. Mathis
Field Specialist
NC Division of Coastal Management
Cc: Frank A. Je,mmnas III, District Manager, DCM
Roy Brdwn owl ; o pliance CoordIROrm,"UM
Donna Godfrey, Perquimans County Planner
Virgil Parrish, Perquimans County Building Inspector
Raleigh Bland, USACE

r � I �Er_"
Elizabeth City District
Office
AUG 18 2010
MINOR DEVELOPMENT
PERMIT
081010A
as authorized by the State of North Carolina, Department of Environment,
and Natural Resources and the Coastal Resources Commission for development
in an area of environment concern pursuant to Section 113A-118 of the
General Statutes, -Coastal Area Management"
Issued to William Furlough, authorizing development in the Estuarine Shoreline (AEC) at 106 West Island Trail., in
Hertford. Perguimans County, as requested in the permittee's application, dated July 16, 2010. This permit, issued on
August 10, 2010, is subject to compliance with the application and site drawing (where consistent with the permit), all
applicable regulations and special conditions and notes set forth below. Any violation of these terms may subject
permittee to a fine, imprisonment or civil action, or may cause the permit to be null and void.
This permit authorizes: construction of a retaining wall and associated grading and removal of drain.
(1) All proposed development and associated construction must be done in accordance with the permitted work plat
drawings(s) dated received on July 20, 2010.
(2) All construction must conform to the N.C. Building Code requirements and all other local, State and Federal regulations,
applicable local ordinances and FEMA Flood Regulations.
(3) Any change or changes in the plans for development, construction, or land use activities will require a re-evaluation and
modification of this permit.
(4) A copy of this permit shall be posted or available on site. Contact this office at 264-3901 for a final inspection at
completion of work.
RECENEA
(Additional Permit Conditions on Page 2)
AUG 2 5
This permit action may be appealed by the permittee or other qualified persons
within twenty (20) days of the issuing date. From the date of an appeal, any
work conducted under this permit must cease until the appeal is resolved. This
permit must be on the project site and accessible to the permit officer when the
project is inspected for compliance. Any maintenance work or project
modification not covered under this permit, require further written permit
approval. All work must cease when this permit expires on:
DECEMBER 31, 2015
In Issuing this permit it is agreed that this project is consistent with the local Land
Use Plan and all applicable ordinances. This permit may not be transferred to
another party without the written approval of the Division of Coastal
Management.
CAMA
f Russell
PERMIT OFFICIAL
1367 Us Hwy 17 S
a�7909
PERMITTEE
(Signature required if conditions above apply to permit)

J V I J
Name: William Fur, ugh
Minor ParmIa '
I # 0 114 A
Date: August 101, 2,1116
Page 2 Ti'
(5) All unconsolidated material resulting from associated grading and landscaping shall be retained on site by effective
sedimentation and erosion control measures. Prior to any land -disturbing activities, a barrier line of flier cloth must
be installed between the land disturbing activity and the adjacent marsh or water, areas, until such time as the area
has been properly stabilized with a vegetative cover.
3
SIGNATURE: DATE:
PERMITTEE

731d ,SL r-�
i\ G�MVu?yJ
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d,

7--e� 1 N
DCM ENFORCEMENT TRACKING REPORT
Issuer
Violation Case
�.Jte,tr R?4fi17� 3 �
Permit
LPO ❑ (if applicable)
LPJ
Violation Description Was activity permutable? Yes / No
Initial Discovery Date � 2lJG %$
,STD Discovery Method T�I nj Y 1 RUl 6i4- 4
r
Violation Description r !8'X/Z 57z�rcAG,� 1> AG. Z) %e.4rl&L beetr/E: RAJ 7S "TCC 3) ,farv2 6"
13u1C /?,ir44 V VIZ (2 1,1F6
Respondent Information Prior CAMA or D/F Violations: Yes / No Prior Case No:
Respondent Name(s) W111AAAA '(Z 16 If
Address I (7(o IN. 1 S liw ut;/7 TIC",( City eFX.t277EVCr,� '-- State 0 C- Zip Z7ei `�
Phone# 7 7S Fax#/Email
Corporate Name R Registered agent
Violation Type:
Project Type:
Authorizations Required:
Site Visits Respondent
Site Visits Respondent
No Permit
Private/Community
[E Major CAMA
Present
Present
❑ Permit Condition
❑ Govt./Public
❑ Minor ❑ D&F
' � ❑
❑
❑ Expired Permit
❑ Commercial
❑ General
❑
❑
❑ Inconsistent w/ Rules
Tier Level: 1 II
III
❑
❑
Violation Location and Site Description
Project Location: County � Vt L U vt7d r
Street Address/ State Road/ Lot #(a)
IV6
Subdivision ( ! 1 v1 1 <,'(tig-A4)
CRY i Tiau✓7 ZIP : - C!
Lat/Long
Shoreline Length
2-14,
SAV: Not Sure � No
Sandbags: Not Sure Yes d§
PNA: As ® Adjacent
ORW: Yes � Adjacent
Crit. Hab.
Phone # ( 2SLL-) —1 S River Basin �qS e1TiEn.ul. Photos (YQO No
Adj. Wtr. BodyG'�� �--- nnIna FORW )unkn) Waiver Required Yes No
Closest Maj. Wtr. Body ✓: M&tAv1.%l=IAtt/) In DWO Buffer Area Vies No
Specify DWQ Buffer if applicable:
Restoration
NOV Date
CNOV Date
Penalty Assessment
Sent to Respondent Date
Rcvd. by Dist. Mgr. Date
Assessment Extended
Yes No
itECUM
AUG 2 5 2014
Initial Req. Comp. Date
Date Comp. Observed
App./Permit Fee
Penalty
Willful/Intent.
Continuing
Investigative
--4 4t „ n
Extension Granted Yes No
Restoration Letter
Acceptance Date
7J.0409 Ref.
Recomm. Assess.
DCM Assess.
q- A.
$ z5a.�
$
�c-
$
$
$
$
Is
$
Total
" rro
DICM-MICITY ✓10 41

Formal Assessments, Appeals and Reductions
Date Long Form Submitted
Date Formal CPA Submitted
Final Assessment
Assessment Appealed: Yes No
❑ Penalty modified
Attorney General's Office for Injunction or Formal Collection
Date sent to AG ❑ Respondent not responsive to penalty/NOV ❑ Injunction to complete restoration
Date Collection Letter Sent Date Demand Letter Sent
Violation Activities and Impacts
AECs Affected: Wetlands Impacted? Yes If yes, which types:
CW EW PTA ES PTS
OEA HHF IH USA N/A SA DS CJ SY JR LS TY
PWS: FC: Ss Sc SP IF BF 404
Restoration Required by the Respondent Yes 6
Dimensions in excess Dimensions to restore Final dimensions Actually restored
of permit/ unauthorized activities allowed
Development Activities
... ....
Habitat Description
? 57 - y/y - N7&&
�l'�J/�6 Gtr ��l-�!/3"fYL E.12{/(ill� rT/�L(Jl/T fY /"C.S btt�1�I .c iuf
/ry 4vS7? / ,(s k14'1NE= AMJ ��y?T9�' � A2v1 `/) sG6lell'AM4 /-t
Closing
Payment Received $ Date Date Case Closed

Pat McCrory
Governor
AG"Av
NCDENR
North Carolina Department of Environment and
September 2, 2014
CERTIFIED MAIL 7012 3460 0002 0625 5276
RETURN RECEIPT REQUESTED
William and Dwayne Furlough
106 W. Island Trail
Hertford, North Carolina 27944
RE: CAMA VIOLATION # 14-19A
Dear Messrs. Furlough:
MW
Natural Resources
John E. Skvada, III
Secretary
This letter is in reference to the Notice of Violation dated August 18, 2014, that Lynn Mathis, Field
Specialist for the Division of Coastal Management, issued to you for unauthorized development involving
the installation of two pilings in a canal for two personal watercraft (PWC) lifts, the placement of a double
drive -on PWC floating ramp, the installation of a gravel drive within 75' of normal water level, and the
placement of a storage building within 75' of normal water level at lot 44-F Holiday island, Perquimans
County. The violation involved Estuarine Waters, Public Trust Waters and Estuarine Shoreline, which are
Areas of Environmental Concern designated by the Coastal Resources Commission. The development
activities undertaken could have received a permit from the Division of Coastal Management, and as such
no restoration was requested. It should be noted that the drive -on ramp must be tied to the bulkhead along
lot 44-F, and may not be placed in the center of the canal.
The Coastal Area Management Act provides that a civil assessment of up to $10,000.00 plus investigative
costs may be assessed for any violation. It is the policy of the Coastal Resources Commission to assess a
civil penalty for all violations in order to recover some of the costs of investigating violations and/or to
compensate the public for any damage to its natural resources.
Under the rules of the Coastal Resources Commission, a proposed civil penalty in the amount of $554.00 is
appropriate for this violation. You may expeditiously resolve this matter prior to the assessment of a formal
civil penalty by accepting responsibility for the violation and paying the amount proposed above. In order to
do this, you must: (1) sign one of the attached copies of an "Agreement to Pay Civil Assessment;" (2)
attach a check or money order for $554.00 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.
YDI DID
1367 US 17 South, Elizabeth City, NC 27909
c SEP 0 8 2014
Phone: [phone] FAX: [phone] ; Internet: www.noroastalmanagement.net
An Equal Opportunity 1 Affirmative Action Employer
bCMMHDCI7Y

William Furlough
Dwayne Furlough
September 2, 2014
Page 2
Should you be cited in violation of the Coastal Area Management Act again you may be assessed a
significantly higher civil penalty pursuant to the North Carolina Administrative Code, Tifie 15A, subchapter
7J .0409(g)(4)(D)(iii).
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.
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,
4 4 /"
Frank A. Jennings, III
District Manager, Northeast District
NC Division of Coastal Management
FAJAwm
Enclosure: Agreement to Pay Proposed Civil Assessment
cc: Roy Brownlow, Compliance Coordina or, CIG�10 ore ead i y
Lynn W. Mathis, Field Specialist, DCM, Elizabeth City

William Furlough
Dwayne Furlough
September 2, 2014
Page 3
CAMA VIOLATION #14.19A
William Furlough
Dwayne Furlough
AGREEMENT TO PAY PROPOSED CIVIL ASSESSMENT
I/we understand that the staff of the Department of Environment and Natural Resources will propose the
assessment of a civil penalty in the amount of $554.00 against me for violation of the Coastal Area
Management Act, NCGS 113A-100 et sec, committed on Lot 44-F Holiday Island (on the corner of W.
Island Trail and Venture Street), in Perquimans County, North Carolina. In order to resolve this matter with
no further action or expense on our part, I/we accept responsibility for the violation as described in the
Notice of Violation letter dated August 18, 2014, and agree to pay the proposed civil assessment of
$554.00.
DATE
SIGNATURE(s)
ADDRESS
TELEPHONE NUMBER
RECEIVED
SEP 0 8 2014
DCM-MHDCnT

WXF WA
�'�i/�
NCDENR
North Carolina Department of Environment and Natural Resources
Pat McCrory
Governor
September 12, 2014
Carolyn C. Furlough
106 W. Island Trail
Hertford, NC 27944
John E. Skvarla, III
Secretary
RE. Payment of Proposed Penalty for Violations of the Coastal Area Management
Act, Perquimans County, CAMA Violation #14-19A
Dear Ms. Furlough:
This letter will acknowledge receipt of your Check #2132, dated 08/11/14, in the amount
of $554.00, and noted as payment for NOV #14-19A issued to William and Dwayne
Furlough. Once the amount of your 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,
r
Frank;n ings, District Manager
Northeastern District
Division of Coastal Management
FJ/yc
cc: Roy Brownlow, Compliance Coordinator, DCM, Morehead Ciry^+--
Lynn W. Mathis, Field Specialist, DCM, Elizabeth City
RECENED
0
SEP 17 2914
1367 US 17 South, Elizabeth City, NC 27909Cl1�I-M,lij) CI1Y
Phone: [phone] FAX: [phone]; Internet: http://I)ogal.ncdenr.oro/web/cm/dcm-home
An Equal Opportunity 1 Affirmative Action Employer

vvilliam Furlough
Dwayne Furlough
September 2, 2014
Page 3
CAMA VIOLATION #14.19A
William Furlough
Dwayne Furlough
AGREEMENT TO PAY PROPOSED CIVIL ASSESSMENT
I/we understand that the staff of the Department of Environment and Natural Resources will propose the
assessment of a civil penalty in the amount of $554.00 against me for violation of the Coastal Area
Management Act, NCGS 113A-100 et seq, committed on Lot 44-F Holiday Island (on the corner of W.
Island Trail and Venture Street), in Perquimans County, North Carolina. In order to resolve this matter with
no further action or expense on our part, I/we accept responsibility for the violation as described in the
Notice of Violation letter dated August 18, 2014, and agree to pay the proposed civil assessment of
$554.00.
DATE
ADDRESS
-717
TELEPHONE NUMBER
RECEIVED
SEP 17 2014
DCMMHDCITY
m