17-03A Fanton

ROY COOPER
ct» u.l,t
Coastal Management
ENVIRONMENTAL QUALITY
April 20, 2017
CERTIFIED MAIL #7015 1520 0003 6515 4264
RETURN RECEIPT REQUESTED
Ivan & Heather Fanton
1809 Claiborne PI.
Virginia Beach, VA 23454
RE: CAMA VIOLATION #17-03A
Dear Mr. & Mrs. Fanton:
MICHAEL S. REGAN
sw w."
BRAXTON DAVIS
u;,en0l
This letter is in reference to the Notice of Violation dated April 5, 2017 that Ron Renaldi,
representative for the Division of Coastal Management, issued to you for unauthorized
dredging at 2139 & 2141 Grebe Road, Currituck County. The violation involved the Public
Trust Area, Estuarine Waters and Estuarine Shoreline, which are Areas of Environmental
Concern designated by the Coastal Resources Commission.
The Coastal Area Management Act provides that a civil assessment of up to $10,000 plus
investigative costs may be assessed for any violation. It is the policy of the Coastal
Resources Commission to assess a civil penalty for all violations in order to recover some
of the costs of investigating violations and/or to compensate the public for any damage to
its natural resources.
Under the rules of the Coastal Resources Commission, a proposed civil penalty in the
amount of $896.00 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 $896.00 made payable to the North Carolina Department of
Environmental Quality (NCDEQ); and, (3) return the signed agreement and payment to
this office in the enclosed, self-addressed envelope within ten (10) days of your receipt of
this letter. Upon deposit of your check in the Department's account, you will receive a
Notice of Compliance officially closing this enforcement action.
If you do not send a signed agreement and payment to this office within ten (10) days,
the Director of the Division of Coastal Management will formally assess a civil penalty
against you. You will then have the opportunity to request a hearing on the penalty or
request remission of the penalty. RECEIVED
Stale of North CarolinaEnvironmental Quality I Coastal Managemrnt APR 2 4 2017
401 S. Griffin St., Ste 300I Elizabeth City, NC 27909
252-264-39011252-331-2951 If") DC M- M H D CITY

Ivan & Heather Fanton
April 20, 2017
Page 2
w
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 A. Jennings, III
District Manager, Northeast District
NC Division of Coastal Management
FAJ/rar
Enclosure: Agreement to Pay Proposed Civil Assessment
cc: Roy Brownlow, Compliance Coordinator, DCM, Morehead City
Ron Renaldi, Coastal Management Representative, DCM, Elizabeth City
Josh Pelletier, US Army Corps of Engineers

w
CAMA VIOLATION #17-03A
Ivan & Heather Fanton
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 $896.00 against me for
violation of the Coastal Area Management Act, NCGS 113A-100 et seq, committed on or
near my property at 2139 & 2141 Grebe Road in Currituck 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 April 5,
2017, and agree to pay the proposed civil assessment of $896.00.
DATE
SIGNATURE
ADDRESS
TELEPHONE NUMBER
RECEIVED
APR 2 4 Z017
DCM- MHD CITY

DCM ENFORCEMENT TRACKING REPORT
�j Issuer
Rep. Kon �. nal ct+ 0
Rep.
W
LPO NJ, Ais Vlor(�t ❑
Violation
Violation Case No. I-+ -OZA
Permit
(if applicable)
Was activity permlttable? Yes / No
Initial Discovery Date /J,Uja DiscoveryMethod Rtctwct an n . +'ru wh,1c ir. area
—r—
Violation Description (��cdy�.c,c1 * IJ.4 X *tl w area 00 LV 1- +2 1, r1- b \IG hta cl` gct�t-:tw,al
Address /ICl a; oe PI City V,�c [n,rs i 4r.h State VA Zip d34sti
Phone #. 4-J}- 4 ASO Fax #/Email „,4.
Corporate Name & Registered agent
-
Violation Type: Project Type:
Authorizations Required:
Site Visits Respondent
Site Visits Respondent
Present
Present
No Permit Private/Community
Govt./Public
rrcc�X
Major CAMA
Minor D&F
9 I ❑
❑
�. Permit Condition Q'
�.
El�..
Expired Permit E: Commercial
General
Q, Inconsistent w/ Rules Tier Level: 1 II
II
Violation Location and Site Description
-
LaULong
Project Location: County IC
Street Address/ State Road/ Lot #(a) a l-S9 G rc Ix Rd `, d 1+-1 \
&i(-\x rt
Subdivision Cy'okm f1c.a�l-
City. Corn\\a ZIP. a7q
Phone#( _) \i,x River Basin iooag o�snK
Adj. Wtr. Body Cyrw\ +o le ok)r1 i%6. d A4y (net / an, unkn)
Shoreline Length I u O
SAV:
Not Sure Yes
Sandbags:
Not Sure Yes
No
PNA:
Yes
to Adjacent
ORW:
Yes
(�5) Adjacent
Crit. Hab.
Yes
Photos f5l,� ^No
Waiver Required Yes (N
In DWQ Buffer Area Yes 5P
Closest Maj. Wtr. Body n
Specify DWQ Buffer if applicable:
Cice4nro4inn
NOV Date a Initial Req. Comp. Date
CNOV Date Date Comp. Observed
Penalty Assessment
Sent to Respondent Date
Rcvd. by Dist. Mgr. Date
Assessment Extended Yes No
RECEIVED
APR 2 4 2017
App./Permit Fee
Penalty
Willful/Intent.
Continuing
Investigative
hr 43
Extension Granted Yes No
Restoration Letter
Acceptance Date
7J.0409 Ref.
Recomm, Assess.
DCM Assess.
$ OC>.Cio
$
C C4 A
$ o
$
$
$
p
Total

Formal Assessments, Appeals and Reductions
Date Long Form Submitted Assessment Appealed: Yes No
Date Formal CPA Submitted
Penalty modified
Final Assessment $ Date
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:
CW EW C PTA' E PTS
OEA F IH '—UBA N/A
PWS: FC:
Other:
Restoration Required by the Respondent Yes / No
Wetlands Impacted? Yes / No If yes, which types:
SA DS CJ SY JR LS TY
SS sc SP IF BF 404
NOTES: Z�(c... F _ A'`l X 1J c;rL.G ��� v"to`^l.v�lc� 5,�_ �� b✓A�Cb�uc�, ��N
d'itl"`,Yapmua Arre
APR 2 4 2017
DCM- MHD CITY
Closing
Payment Received $ Date Date Case Closed

Coastal Management
ENVIRONMENTAL OUALITV
May 11, 2017
Ivan and Heather Fanton
1809 Claiborne Place
Virginia Beach, VA 23454
ROY COOPER
MICHAEL S. REGAN
tlrM„yv
BRAXTON C. DAVIS
1); "a"
RE. Payment of Proposed Penaltyfor Violations of the Coastal Area ManagementAct,
Currituck County, CAMA Violation #17-03A
Dear Mrs. And Mrs. Fanton:
This letter will acknowledge receipt of Fanton Concrete Construction's Check #7514, in the
amount of $896. Once the amount of the check is credited to the Department of
Environmental Quality's 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, ext. 235.
Sincerely,
Frank Jennings, District Manager
Northeastern District
Division of Coastal Management
FJ/yc
cc: 'I:Co-y Brownlow, Compliance Coordinator, DCM, Morehead City
Ron Renaldi, Coastal Management Rep., DCM, Elizabeth City
RECEIVED
MAY 17 2017
DCM- MHD CITY
Wy
State of North Carolina I Environmental Quality I Coastal Management
401 S. Griffin St., Ste 300 1 Elizabeth City, NC 27909
252-264-39011252-331-2951 [fax]

CAMA VIOLATION #17-03A �qj?
Ivan & Heather Fanton
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 $896.00 against me for
violation of the Coastal Area Management Act, NCGS 113A-100 et se , committed on or
near my property at 2139 & 2141 Grebe Road in Currituck 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 April 5,
2017, and agree to pay the proposed civil assessment of $896.00.
DATE
IG i� � •� �
ADDRESS
-1S--LN7-?a '5O
TELEPHONE NUMBER
RECEIVED
MAY 17 2017
DCM- MHD CITY

i
NC Division of Coastal Management ��®� / qB C �
Cashier's Official Receipt �v
g. Date: �� . -L---2
Received From: ��0� a W nc f c + Cans / rwcd 1 $ E 4 i t/
Permit No.: OV ° V ¢ 7 ^ 3 Check No.: %s /
Applicant's Name: L! Jean �- 1-Ea.a--i "{ County:
Project Address:
Please retain receipt for your records as proof of payment for permit issued.
r1I 1
Signature of Agent or Applicant: $ d h N n� a S Date:
Signature of Field', Representative:Date:

DCM ENFORCEMENT TRACKING REPORT
Issuer
Rep. -Zn-�,wtct
Rep.
(ul
Violation Case No. t_+ -OZA
Permit.._.
LPO IJ a.Y_ Aistl+oret ❑ (if applicable)
LPJ C. io'k,.. c.tC (0®)t\
Violation Description Was activity permittable? Yes / No
Initial Discovery Date 31c1/doll. Discovery Method Rtccivk.c\ w1,.(e I"qv-.
Violation Description j� f t IJ.4')( t11 w.?x arcs on Wu}" .4V2 s.� b�t(tt.cG� i ad�i�lw cl
AV, I' _ tLn Ln. --'1 r.. L, n'e G 2 ,. +Iv ._ __1 n L (i acl x ✓Cc l
Prior CAMA or D/F Violations: Yes / Now Prior Case No:
RespondentName(s) Suc,. i Hec.+1u.✓ P vrko. ( ndow r/Agent/Contractor)
Address 1SC) -1 C1albolr)e
PI
City _V,�,,;.5�„;,rs 13t4d, State_,
Zip d34Sv
Phone # (1 S�) LI-J}-
4 AS()
Fax #/Email Fc..,+} cc. (a aol, co+ / I Si Gv�+O✓\
S @ 9114.). 4w1
Corporate Name & Registered agent
Violation Type:
Project Type:
Authorizations Required: Site Visits Respondent Site Visits Respondent
No Permit
Q Private/Community
nMajor
Present
CAMA
Present
Permit Condition
Govt./Public
Minor
D&F 9 I Q
0
d:. Expired Permit
n Commercial
General
❑ ,.
❑
Inconsistent w/ Rules
Tier Level: 1 II
II
Violation Location and Site Description
Lat/Long
Project Location: County
Street Address/ State Road/ Lot #(s) d 139 G rcht R
Subdivision L�rova f)-cr.c L.
City. L'Oro l\s ZIP Z7�et-X
Phone#( _) River Basin ?ey5voyc IC
Adj. Wtr. Body Cores\ +o K..ok'� isle d N-4 (nat/ an, unkn)
Closest Maj. Wtr. Body (_1U"r. Qok Sw n
NOV Date �; Is'Aot-:: Initial Req. Comp. Date
CNOV Date Date Comp. Observed
Penalty Assessment
Sent to Respondent Date App./Permit Fee
Rcvd. by Dist. Mgr. Date Penalty
Assessment Extended Yes No Willful/Intent.
Continuing
43
Shoreline Length I U o
SAV: Not Sure
Yes
(9)
Sandbags: Not Sure
Yes
No`
PNA.
Yes
tom° Adjacent
ORW:
Yes
N Adjacent
Crit. H ab.
Yes
RECEIVED
Photos
No
Waiver Required
—4,
Yes
y
(")MAY 1 7 2017
In DWQ Buffer Area
Yes
(�)N
Specify DWQ Buffer if applicabl C ITY
Extension Granted Yes No
Restoration Letter
Acceptance Date
7J.0409 Ref.
Recomm. Assess.
DCM Assess.
$ L] cx. U 0
$ mil, fl
CL1 A
$ ov.o
$ Yam'
$ L(n.kD(D
$ 9�
Total
" Cb' 6. o

Formal Assessments, Appeals and Reductions
Date Long Form Submitted Assessment Appealed: Yes No
Date Formal CPA Submitted
Penalty modified
Final Assessment $ Date
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 /60—) If yes, which types:
CW EW CPTAi' -ES PTS
OEA F IH � UBA N/A SA DS CJ SY JR LS TY
MArc Fr. SS Si; SP IF BF 404
Restoration Required by the Respondent Yes / No
NOTES 1 X 1J t.',rUn
Closing
Payment Received $ S -- Date E% F� �' !� Date Case Closed ✓

Coastal Management
ENVIRONMENTAL QUALITY
NOTICE OF VIOLATION
April 5, 2017
CERTIFIED MAIL #70151520 0003 5515 4240
RETURN RECEIPT REQUESTED
Ivan & Heather Fanton
1809 Claiborne PI.
Virginia Beach, VA 23454
ROY COOPER
Gnvenrm
MICHAEL S. REGAN
S'eewary
BRAXTON DAVIS
L)Imcror
RE: NOTICE OF VIOLATION AND REQUEST TO CEASE UNAUTHORIZED DEVELOPMENT
CAMA VIOLATION #17.03A
Dear Mr. & Mrs. Fanton:
This letter confirms that on March 9, 2017,1 was onsite at your property located at 2139 & 2141 Grebe
Road, adjacent to a man-made canal leading to Knotts Island Bay, located within the Carova Beach
subdivision in Corolla, Currituck County, North Carolina. The purpose of the visit was to investigate
unauthorized development involving dredging within the adjacent canal. This letter also confirms emails
sent and received on March 21s1 & 22Rd, 2017 as well as phone conversations on March 22nd & 24th, 2017.
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.
I have information that indicates you have undertaken or are legally responsible for the dredging of a ±124'
x 12' area within the canal waterward of a bulkheaded shoreline and using the spoils as bulkhead backfill
on the aforementioned property. This activity took place in the Public Trust Area, Estuarine Waters and
Estuarine Shoreline that are contiguous with the Currituck Sound. The Public Trust Area, Estuarine Waters
and Estuarine Shoreline areas are designated as Areas of Environmental Concern (AEC). No CAMA permit
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 and the State's
Dredge and Fill Law.
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 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. 113A-1 26. RECEIVE
APR 10 2017
State of North Caroline I Environmental Quality I Coastal Management D C M - M H D CITY
401 S. Griffin St., Ste 300I Elizabeth City, NC 27909
252-264-39011252-331.2951 [fax]

Ivan & Heather Fenton
April 5, 2017
Page 2 of 2
It is the policy of the Coastal Resources Commission to assess a civil penalty plus investigative costs
against all violations. This is done to recoup some of the costs of investigating the violation and/or to
compensate the public for any damage to its natural resources. The amount assessed will depend upon
several factors, including the nature and area of the resources that were affected and the extent of the
damage to them.
You are also in violation of the State's Dredge and Fill Law which requires a permit from the North Carolina
Department of Environmental Quality before undertaking any excavating or filling in any estuarine waters,
tidelands, marshlands, or state-owned lake pursuant to N.C.G.S.113-229. Therefore, I also request that
you immediately CEASE AND DESIST such unauthorized activity. 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 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 Concem. 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 252-264-3901. 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).
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 about these important matters.
Sincerely,
Ron Renaldi
Field Representative
NC Division of Coastal Management
Cc: Frank A. Jennings, III, District Manager, DCM
Roy Brownlow, Compliance Coordinator, DCM
Josh Pelletier, US Army Corps of Engineers
VkEGeINI,eD
APR I � TV
DGM' MHG G%JY

M ENFORCEMENT TRACKING REPORT
Issuer
Rep. 1�0 19
Rep
IN
LPO N4f Y_ Ais'tlnorrc_ ❑
Violation Case No. t_' —OZA
Permit
(if applicable)
Description Was activity permittable? Yes / No
Initial Discovery Date 3/q Discovery Method Receivtcy anon -+�y� r,.•1,1c it arcr.
Violation Description hrrA4&1 t IJ.4'Y ll w �L drCa on w }� a < b IlGhe i aidi 1t al
Respondent Name(s)
Address ISt1)9 CIg;bc,) eNe PI City 4;,%��.in�.�� i3CsLh State VA Zip d3451,
Phone # N s l�) 4i }- -4as o Fax #/Email
Corporate Name & Registered agent
Violation Type:
Project Type:
Authorizations Required:
Site Visits Respondent
Site Visits Respondent
0.. No Permit
"Private/Community
rrcc��((
d Major CAMA
Present
Present
9 I ❑
❑
Permit Condition
Govt./Public
Minor D&F
-
nExpired Permit
Commercial
General
❑
El
El Inconsistent w/ Rules
Tier Level: 1 II
II
0
Violation Location and Site Description
LaULong
Project Location: County
[.vJ'r ��u L It.
-
Shoreline Length ) u O
Street Address/ State Road/ Lot #(s) a 139
e rclx R d `. d ILA \
SAV: Not Sure
Yes
(y4 CVO I'L.
Sandbags: Not Sure
Yes
No`
Subdivision !!
1�f0 �4
Ijcc�•L�
PNA:
Yes
((moo Adjacent
ORW:
Yes
� Adjacent
cityZIP
,: Coro
ai0g-ak
Crit.Hab.
Yes
Phone#( �).UaL.�-n�'
River Basin
(o,s�,..o��,,�k
Photos
�'Fe
No
Adj. Wtr. Body Co, \
+o V ok4s L46.
a A4y (nat / an unkn)
Waiver Required
Yes
Closest Ma . Wtr. Body
1 Y
(? v�r.��c. jC
-
So.: {\�
In DWQ Buffer Area
Yes
Specify DWQ Buffer if applicable:
Restoration
NOV Date a )S!aol-1 Initial Req. Comp. Date
CNOV Date Date Comp. Observed
Penalty Assessment
Sent to Respondent Date App./Permit Fee
Rcvd. by Dist. Mgr. Date Penalty
Assessment Extended Yes No
Willful/Intent.
Continuing
APR 10 2017 115-/ kc 4
Extension Granted Yes No
Restoration Letter
Acceptance Date
7J.0409 Ref.
Recomm. Assess.
DCM Assess.
Cy A�
$ vc�,o
$
$
$
cc
q
$ t�o.00
$
Total
rC6 01 o r

Formal Assessments, Appeals and Reductions
Date Long Form Submitted Assessment Appealed: Yes No
Date Formal CPA Submitted
Penalty modified
Final Assessment $ Date
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 / No If yes, which types:
CW EW LPTQ PTS
OEA IH L--UBA N/A SA DS CJ SY JR LS TY
PWS: FC: SS SC SP IF BF 404
Other:
Restoration Required by the Respondent Yes / No
Dimensions in excess
of permit/ unauthorized activities
Dimensions to restore
Final dimensions
allowed
Actually restored
r Development Activities
Habitat Description
NOTES
X I'} or" h._., ',n F'`-1..- io-
S,,I - )-• b.,\Vfh c � �
L)aLr(
4
�d,�,.\5 ��
� \�I�d ,Urrl��•II
Closing
Payment Received $ Date Date Case Closed

Currituck County GIS Online Mapping
Cunituck County GIS
[phone]
www.co.currituck.nc.ustGeographic-Information-Somims.Mm
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Streets
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This map should be used for general reference purposes only.
Currituck County assumes no legal liability for the information
shown on this map.
Wright Memorial Bridge
Major Streets
—Arhrlai_Pnncfpai
—Arbrwl_Mgp'
—Cdiecbr_ktapr
Ferry Route
Parcel Land Hooks
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Aerial Photography (20
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10 2017
CCM- MHD CITY