14-22A Fitzgerald

Pat McCrory
Governor
MUM
North Carolina Department of Environment and Natural Resources
NOTICE OF VIOLATION
September 18, 2014
CERTIFIED MAIL #7012 0470 0002 0007 7344
RETURN RECEIPT REQUESTED
Michael Fitzgerald
115 Gadwell Dr.
Currituck, INC 27929
John E. Skvarla, III
Secretary
RE: NOTICE OF VIOLATION AND REQUEST TO CEASE UNAUTHORIZED DEVELOPMENT
LAMA VIOLATION #14-22A
Dear Mr. Fitzgerald:
This letter confirms that on August 29, 2014, 1 met with you at your property located at 115 Gadwell Drive
adjacent to a man-made canal located in or near the Belle Isle subdivision, Currituck, off SR #1331,
Currituck County, North Carolina. The purpose of the visit was to investigate unauthorized development
consisting of a dock within a canal, a raised wooden platform constructed along the shoreline and the
relocation of a storage shed within the CAMA 30' buffer.
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 construction of a
12'x3.5' dock within the waters of the canal, as well as the construction of a 16'x12' raised wooden
platform, 8'x3.5' wooden walkway and a set of stairs within the CAMA 30' Buffer. Additionally, a 20'x12'
storage shed was relocated -9' within the CAMA 30' Buffer on the aforementioned property This activity
took place in the Public Trust Area, Public Trust Shoreline, Estuarine Shoreline and Estuarine Waters that
are contiguous with the Currituck Sound. The Public Trust Area, Public Trust Shoreline, Estuarine
Shoreline and Estuarine Water 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.
I request that you immediately CEASE AND DESIST any further 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 sub%MD
additional assessment of $10,000. An injunction or criminal penalty may also be sought tlforce any
violation in accordance with N.C.G.S. 113A-126.
1367 US 17 South, Elizabeth City, NC 27909 S E P 2 2 2014
Phone: [phone] \ FAX: [phone] ; Internet: www.nccoastalmanagament.net
DCM-MHD CITY
An Equal Opportunity \ Affirmative Action Employer

Michael Fitzgerald
September 18, 2014
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.
Based upon the North Carolina Administrative Code, Title 15A, Subchapter 07H. State Guidelines for Areas
of Environmental Concern, the activity you have undertaken involving the relocation of the storage shed
partially within the CAMA 30' Buffer within the Public Trust Shoreline and Estuarine Shoreline AEC(s), is
not consistent with Section 07H.0209(d)(10), which states that development shall be located a distance of
30' landward of Normal Water Level (NWL). This section goes on to list exceptions to this rule; however,
there is no exception for a storage shed within the Buffer. Therefore, I am requesting that the storage shed
be relocated to an area landward of the 30' CAMA Buffer. Please refer to the enclosed Restoration
Agreement.
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.
Thank you for your time and cooperation in resolving this important matter. If you have any questions about
this or related matters, please call me at [phone]. Upon completion of the restoration as requested
in the Restoration Plan Agreement to the satisfaction of the Division of Coastal Management, you will be
notified as to the amount of the civil assessment for undertaking development without first obtaining the
proper permit(s) and development that is inconsistent with Coastal Resources Commission rules.
Sincerely,
Ron Renaldi
Field Representative
NC Division of Coastal Management
Cc: Frank Jennings, District Manager, DCM
%.liloy Brownlow, Compliance Coordinator, DCM
ENCLOSURE

RESTORATION PLAN
For
Michael Fitzgerald
Property
CAMA Violation No. 14-22A
Property located at 115 Gadwell Drive, Currituck County
t
�N
O� `3O' CO3r4A Sj4tr
L%r�
0 11 Ga4VAI1 Df.
t 1w L /-Top bc�IL 30' CJ rmA S,,4YA �
M C 1
Not }o 5c 1e_
RECEIVED
SEP 22 201^
I, Michael Fitzgerald, agree to relocate the 12x20' storage shed landward of the 30' CAMA Buffer'. 'DCM-MHDcjTY
I agree to complete this restoration to the satisfaction of the Division of Coastal Management (DCM) by
October 19, 2014, 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 assess a civil penalty plus investigative costs against all violations. The
amount assessed will depend upon several factors, including the nature and area of the resources that were affected and the
extent of the damage to them. If restoration is not undertaken or satisfactorily completed, a substantially higher civil assessment
will be levied and an injunction sought to require restoration.

DCM ENFORCEMENT TRACKING REPORT
Issuer
Rep. -�o n —Q�..,I el t X
>liance Rep. 0
El
Violation Description
Violation Case No. 1 `i- oAaA
Permit No. uJA
(if applicable)
Was activity permittable? Yes /
Initial Discovery Date $f>.bJdol�l Discovery Method
Violation Description
Respondent Name(s) H,c\,atl F;42 eel n own /Agent/Contractor)
Address 115 City CvCfA+c)CStated Zip d'J9d9
Phone # Fax #/Email
Corporate Name & Registered agent
Violation Type:
Project Type:
Authorizations Required:
Site Visits Respondent
Site Visits Respondent
No Permit
eMoncli
Private/Community
Major
� CAMA
Present
8 db I
14* ❑
Present
❑
ionpt,
Permit CondAlon
❑ Govt./Public
Minor
❑ D&F
❑
Expired Permit
❑ Commercial
❑ General
8 4 tt LJ
❑
Inconsistent Rules
Tier Level: I �J
III
❑
❑
V
+ Gi4. rn� Ofn lb lYJ
Violation Location and Site Description
Project Location: County C%eCAY riC
Street Address/ State Road/ Lot #(s)
SRskIII i Lo} IIacl
Subdivision Belle Isle
City L,.r,AT Cr— ZIP a-49,0
Lat/Long
Shoreline Length 100'
SAV: Not Sure
Yes
Sandbags: Not Sure
Yes
PNA:
Yes
d9P Adjacent
ORW:
Yes
(9 Adjacent
No
Grit.) lob.
Yes
kw^
Phone#( _) River Basin Qc ]o„e��„IC Photos t� No
Adj. Wtr. Body Cane) �o C„r,- 4 , LIC 5l (net �%unkn) Waiver Required Yes [ l��O • > C
Closest Maj. Wtr. Body C rr.�.,�K 5.,.,l,? InOWQBuffer Area Yes
Specify DWQ Buffer if applicable: SEP 2 2 2014
Restoration
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
Investigative g�}inr
Extension Granted Yes DC, -"'°DUTY
Restoration Letter
Acceptance Date
7J.0409 Ref.
Recomm. Assess.
DCM Assess.
$asf,,o
$
C
$ —0.00
$
(d
$ a-4.00
$
Total

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 0 Respondent not responsive to penalty/NOV R Injunction to complete restoration
Date Collection Letter Sent Date Demand Letter Sent
Violation Activities and Impacts
AECs Affected:
CW cffp
OEA HHF IH UBA N/A
PWS: FC:
Restoration Required by the Respondent
(f�;)/ No
Wetlands Impacted? Yes & If yes, which types:
SA DS cJ SY JR LS TY
SS sc SP IF BF 404
NOTES: IDxxo' 51- Minor Kermit M04-c10 C155uc II)4 j]Jrb�
Closing
Payment Received $ Dale Date Case Closed

MT.
A47A
NCDENR
North Carolina Department of Environment and Natural Resources
Pat McCrory John E. Skvarla, III
Governor Secretary
October 13, 2014
CERTIFIED MAIL #i7012 0470 0002 0007 7399
RETURN RECEIPT REQUESTED
Michael Fitzgerald
115 Gadwell Dr.
Currituck, NC 27929
RE. CAMA VIOLATION #14-22A
Dear Mr. Fitzgerald:
This letter is in reference to the Notice of Violation dated September 18, 2014 that Ron Renaldi,
representative for the Division of Coastal Management, issued to you for unauthorized development
consisting of a dock within a canal, a raised wooden platform constructed along the shoreline and the
relocation of a storage shed within the CAMA 30' buffer at 115 Gadwell Drive, Currituck County. The
violation involved the Public Trust Area, Public Trust Shoreline, Estuarine Shoreline and Estuarine Waters,
which are Areas of Environmental Concern designated by the Coastal Resources Commission. Based
upon the site visit conducted on October 10, 2014 by Ron Renaldi, the restoration requested appears to be
complete to the satisfaction of the Division of Coastal Management.
The Coastal Area Management Act provides that a civil assessment of up to $10,000 plus investigative
costs may be assessed for any violation. It is the policy of the Coastal Resources Commission to assess a
civil penalty for all violations in order to recover some of the costs of investigating violations and/or to
compensate the public for any damage to its natural resources.
Under the rules of the Coastal Resources Commission, a proposed civil penalty in the amount of $527.00 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 $527.00 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.
1367 US 17 South, Elizabeth City, NC 27909 RECEIVED
Phone: [phone] \ FAX: [phone] ; Internet: www.necoastalmanagement.net
An Equal Opportunity\ Affirmative Action Employer OCT 7S701A
DCM-MHD CITY

Michael Fitzgerald
October 13, 2014
Page 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 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,
1� `
Frank Jennings
District Manager, Northeast District
NC Division of Coastal Management
FAJ/rar
Enclosure: Agreement to Pay Proposed Civil Assessment
cc: Rgc,&gygpWwrQ*w0ance Coordinator, DCM, i forehead City
Ron Renaldi, Coastal Management Representative, DCM, Elizabeth City

CAMA VIOLATION #14-22A
Michael Fitzgerald
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 $527.00 against me for violation of the Coastal Area
Management Act, NCGS 113A-100 et seg, committed on or near my property at 115 Gadwell Drive 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 September
18, 2014, and agree to pay the proposed civil assessment of $527.00.
DATE
SIGNATURE
ADDRESS
TELEPHONE NUMBER
RECEIVED
00 1 61(14
DCM'MHD CITY

DCM ENFORCEMENT TRACKING REPORT
^� Issuer l y- dag
Rep. Ko n �ln.n,1 rl i /sue Violation Case No.
Rep
13 Permit No. PIA
❑ (if applicable)
Violation Description Was activity permittable? Yes / N fkM
Initial Discovery Date �%J.bJJ.oly Discovery Method Snuc,},.,d,dk,,
Violation Description PI+4,, r..'l't+ 30
i—i-Vl. w, ° IZr.lacGit� IA it.\J
Respondent Information Prior CAMA or D/F Violations: Yes tjFq.) Prior Case No:
Respondent Name(s) ✓cI c) n own r/Agent/Contractor)
Address 115 Gadw O I.1 CRY Cu CrAvc_k.._..._.__._ State pc zip 3i11d4
Phone # bs-i1 (.-:; S- Iyu _ Fax #/Email
Corporate Name & Registered agent
Violation Type:
Project Type:
Authorizations Required:
Site Visits Respondent
Site Visits Respondent
10
No Permit
pn n+„wr_ i
Private/Community
Major
CAMA
,�
$ d6 I
Present
El❑
Present
tiooc'n—
Permit Condin
❑ Govt./Public
Minor
❑ D&F
❑
Expired Permit
❑ Commercial
❑ General
g i �I
�/
F'
❑
Inconsistent w/ Rules
Tier Level: I
III
El
El
Violation Location and Site Description
Project Location: County C„rIc
Street Address/ State Road/ Lot #(s) I1 fj.a �,.11 'r
-SR E11311 i Lod {i a 4
Subdivision Se-lle =Slp
CRY 0„✓1,4,1( K ZIP a-49d9
LattLong
Shoreline Length 100'
SAV: Not Sure
Yes
Sandbags: Not Sure
Yes
PNA:
Yes
40 Adjacent
ORW:
Yes
J(9 Adjacent
Phone#( _) River Basin 1'c]o„ni-ank Photos CSSs,) No RECEIVED
Adj.Wtr.Body C 1 4 C e ok 5., .t (natpr-a-q)unkn) Waiver Required Yes [�,
In DWD Buffer Area Yes (o:) OCT 16 2014
Closest Maj. Wit. Body C., rr,�.,,, K 5,,..,.?
Specify DWo Buffer R applicable: DCM-MHD CITY
Restoration
NOV Date
CNOV Date
Penalty Assessment
Sent to Respondent Date
Rcvd. by Dist. Mgr. Date
Assessment Extended Yes No
Initial Red. Comp. Date
Date Comp. Observed
App./Permit Fee
Penalty
WiIRuUlntent.
Continuing
Extension Granted Yes No
lolwlj.ol4
Restoration Letter
,101 to I a014 Acceptance Date
Investigative $a}Jtir
7J.D409 Ref.
Recomm. Assess.
DCM Assess.
$asO,00
$
$ a. too
$
Total
r 0
11

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 If yes, which types:
CW .ta) C15D SS -
OEA HHF IH UBA N/A SA DS CJ SY JR LS TY
PWS: FC: SS SC SP IF BF 404
Other:
Restoration Required by the Respondent ( e / No
NOTES: _la.jCd.J 5%�� 0.✓j"�ori ��� �l, r„..0 l-, Ming Prr✓,J Moo-ao C55✓0 1/14/1010
Mfg
• u . _ i.
>�j,' Crew. ru ,L,
Closing . .
Payment Received $ Dale Date Case Closed

RESTORATION PLAN
For
Michael Fitzgerald SEP 23 2014
Property
CAMA Violation No.14.22A
Property located at 115 Gadwell Drive, Currituck Coun
N 'F­t�
h
ti
�. of 30' CkmA Sj4 <e }z9ernld Pro f-div
0 115 Gc..iwc11 Di.
t`-1
N -Topla.�k �30' CAMA PW+Y(r
Not- #o 5cu e_
I, Michael Fitzgerald, agree to relocate the 12x2O' storage shed landward of the 30' CAMA Buffer.
I agree to complete this restoration to the satisfaction of the Division of Coastal Management (DCM) by
October 19, 2014, 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.
RECEIVED
SIGNATURE:
`�% OCT 16 2014
DCM-MHD CITY
DATE:
It is the policy of the Coastal Resources Commission to assess a civil penalty plus investigative costs against all violations, The
amount assessed will depend upon several factors, including the nature and area of the resources that were affected and the
extent of the damage to them. If restoration is not undertaken or satisfactorily completed, a substantially higher civil assessment
will be levied and an injunction sought to require restoration.

4 1
NCDEE R
North Carolina Department of Environment and Natural Resources
Pat McCrory John E. Skvada, III
Governor Secretary
October 23, 2014
Mr. Michael Fitzgerald
115 Gadwell Drive
Currituck, NC 27929
RE. Payment of Proposed Penalty for Violations of the Coastal Area Management
Act, Currituck County, CAMA Violation #14-22A
Dear Mr. Fitzgerald:
This letter will acknowledge receipt of your Check #2302, in the amount of $527, and dated
10/20/14. 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 Jennings, District Manager
Northeastern District
Division of Coastal Management
FJ/yc
cc: oy rownlow, Compliance Coordinator, DCM, Morehead City
won Renaldi, Coastal Management Rep., DCM, Elizabeth City
RECEIV€r'
OCT $ 9 IA„
DCM gMHj Cl .
1367 US 17 South, Elizabeth City, NC 27909
Phone: [phone] FAX: [phone]; Internet: htto,//oortal nodenr oralweblcmldcm-home
An Equal Opportunity 1 Afirmadve Action Employer

CAMA VIOLATION #14-22A
Michael Fitzgerald
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 $527.00 against me for violation of the Coastal Area
Management Act, NCGS 113A-100 et seg, committed on or near my property at 115 Gadwell Drive 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 September
18, 2014, and agree to pay the proposed civil assessment of $527.00.
� C P /Y
DATE
CfcCu.423, -
(A�-CZ'> �-1Zz// y
SIGNATURE
/l s o�
ADDRESS
G grj ,��GZ ti'C" ,�Z7 i�2 l
757- 67.5-
TELEPHONE NUMBER
'65 2 ?.--.
RECEIVED
OCT 8 9 ?MR
DCM- M O coca