05-23C Soots

s
eM
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
July 12, 2005
CERTIFIED MAIL
RETURN RECEIPT REQUESTED
Mr. Andrew Soots
601 Nelson Neck Rd.
Sea Level, NC 28577
RE: NOTICE OF VIOLATION AND REQUEST TO CEASE UNAUTHORIZED DEVELOPMENT
CAMA VIOLATION#05-23C
Dear Mr. Soots:
This letter confirms that on June 28, 2005, Mr. Mark Hardeman, Coastal Management Representative was onsite at
your property located at the southeastern terminus of Nelson Neck Road, adjacent to Core Sound and Styron Bay
located in the Town of Sea Level, Carteret County, North Carolina. The purpose of the visit was to investigate
unauthorized development in the form of excavating and grading coastal wetlands, high ground, and possible federal
wetlands. Again on June 29, 2005, Mr. Hardeman and I visited the site for the purpose of gathering specific
information. On July 07, 2005, Mr. Hardeman met onsite with you to discuss the situation.
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 the grading and filling of
approximately 50,334 sf of coastal wetlands and additional high ground and possibly federal wetlands on the
aforementioned property. This activity took place within the Estuarine Shoreline and Coastal Wetlands that are
contiguous with Core Sound and Styron Bay. Estuarine Shoreline and Coastal Wetland 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.113A-126).
It is the policy of the Coastal Resources Commission to levy a minimum civil assessment of $350.00 not to exceed
$2,500 against all violations of this type. This is done to recoup some of the costs of investigating and/or to
compensate the public for damage to its natural resources. Whether a higher amount will be assessed depends on
several factors, including the nature and area of the resources affected and the extent of the damage to them.
400 Commerce Avenue, Morehead City, North Carolina 28557
Phone: [phone] FAX: [phone] Internet: www.nccoastalmanagement.net
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c
Mr. Andrew Soots
July 12, 2005
Page 2 of 3
You are also in violation of the State's Dredge and Fill Law 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, grading and filling of approximately 50,334 sf of coastal
wetlands and additional high ground and possible federal wetlands in the Estuarine Shoreline and Coastal Wetland
AECs, is not consistent with Section 07H .0208, which disallows the non water -dependent grading of wetlands or
waters, and requires authorization with specific methodologies for the grading of the high ground area and/or federal
wetlands within 575' of Core Sound and Styron Bay. Therefore, I am requesting that all disturbed areas within the
Coastal Wetlands be returned to original grade and contour. All disturbed area on the high ground must be
stabilized. Additionally, any restoration required by the USACE or the NCDWQ of federal wetlands will become a
part of this restoration plan. Because greater than one acre of land was disturbed, a Stormwater Plan must be
obtained from the NC DWQ, and a Sedimentation/Erosion Control Plan must be obtained from the NC DLQ.
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.
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 permits and for development that
is inconsistent with Coastal Resources Commission rules.
Sincerely,
District Manager, MHC District, DCM
Cc: Ted Tyndall, Assistant Director, DCM
Mark Hardeman, Coastal Management Representative, DCM
Roy Brownlow, Compliance Coordinator, DCM
Larry Smith, LPO
Henry Wicker, USACE
Noelle Lutheran, NCDWQ
ENCLOSURE
400 Commerce Avenue, Morehead City, North Carolina 28557
Phone: [phone] \ FAX: [phone] \ Internet: www,nccoastalmanagement.net
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Mr. Andrew Soots
July 12, 2005
Page 3 of 3
RESTORATION PLAN FOR
Mr. Andrew Soots Property
CAMA Violation No. 05-23C
Property located at the southeast end of Nelson Neck Road, Carteret County
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I, Andrew Soots, agree to return all disturbed areas within the Coastal Wetlands to original grade and contour. All disturbed area
on the high ground must be stabilized. Additionally, any restoration required by the USACE or the NCDWO will become a part of
this restoration plan. Because greater than one acre of land was disturbed, I understand that I must obtain a Stormwater Plan
from the NC DWO, and a Sedimentation/Erosion Control Plan from the NC DLO.
I agree to complete the coastal wetland restoration portion to the satisfaction of the Division of Coastal Management (DCM) by
August 12, 2005, or provide an explanation for non-compliance and a reasonable request for time extension. I agree to arrange a
meeting with the USACE and the NC DWO to determine any further actions necessary to fulfill their requirements governing
federal wetlands by that same date. Lastly, I agree to submit applications for both Sedimentation/Erosion Control and
Stormwater authorizations to the appropriate agencies listed above by August 12, 2005. 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 $350.00 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.
400 Commerce Avenue, Morehead City, North Carolina 28557
Phone: [phone] \ FAX: [phone] \ Internet: www.nccoastalmanagement.net
An Equal Opportunity \ Affirmative Action Employer— 500% Recycled \ 10% Post Consumer Paper

Page 1 of 1
Detailed view for record 1 (Print)
Field
Value
AREA
386921.00868
PERIMETER
4172.02698
PARCEL83_
3208
PARCEL83_I
3210
WHAT
0
PIN
MAPNUM
7481
BLOCK
43
PDOT
8404
CONDO_
MOTHER
0
MAPNAM
748103
PRID
03006JO139
PIN15
748103438404000
OWNER
DBOOK
806
DPAGE
378
DDATE
0
SALE_PRICE
0
TAX_VALUE
M635
LAND_VALUE
34635
STRUC_VAL
0
OTHER_VAL
0
BLT_CONDO
0
HOUSE_NUM
0000579
Field
Value
DIRECTION
ST_NAME
NELSON NECK
ST_TYPE
RD
CITY
SEA LEVEL
ZIP
28577
MAIL_HOUSE
MAIL_DIR
MAIL_ST
MAIL_STTYP
MAIL_CITY
LEEDS POINT
MAII_STATE
NJ
MAII_ZIP
08220
MAIL_POBOX
PO BOX 660
TOWNSHIP
SEA LEVEL
CITY_LIMIT
NBHD
30001
FIRE_DIST
SEA LEVEL FIRE
RESCUE_DST
SEA LEVEL RESCUE
LEGAL_DSC
ACREAGE SR 1373 H STYRON HRS
TOTAL_ACR
7.91
Y_BLT_HOUS
0
TOT_SQ_FT
0
BATHROOMS
0
BEDROOMS
0
http://maps.co.carteret.ne.us/ibs/details_popup.htm 6/30/2005

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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.iRoss Jr., Secretary
May 8, 2006
Andrew and Sue Soots
503 College St:
Wilkesboro, N.C. 28697
Dear Mr. and Mrs. Soots,
Governor Mike Easley asked me to respond to your recent letter regarding a Notice of Violation and civil
penalty you received from the Division of Coastal Management.
I
Our records indicate that you undertook the grading and filling of approximately 50,0001 square feet of
coastal wetlands, 404 wetlands and high ground areas on your property in Sea Level. The extent of
ground disturbance involved is of considerably greater impact than simply removing brnsh,land requires a
Coastal Area Management Act (CAMA) permit, which was not obtained for this work. iI understand you
were also cited by the US Army Corps of Engineers (COE) for disturbing approximately'/s acre of 404
wetlands.
Your letter states that you visited our office to inquire about a permit, and were told you should begin
work, and that a member of our staff would contact you if a permit were needed. No one on my staff has
any recollection of this conversation. It is not our policy to instruct anyone to begin a project unless we
can state with certainty that no permit is needed for a request. In all other cases, we schedule a site visit to
determine whether a permit is required before work begins. Also, DCM field representatives do not
conduct site visits on weekends.
The date of DCM's first site visit to your property was June 28, 2005. This date is not consistent with
your statement that the work was merely cleanup after a hurricane, since Hurricane Ophelia did not
impact Carteret County until mid -September of 2005 and Hurricane Isabel occurred in 2003.
DCM District Manager Tere Barrett issued a Notice of Violation and restoration plan on July 12, 2005. 1
understand that you have paid the minimum civil penalty of $350 for this violation, andithat you have
restored the site to our and the COE's satisfaction. As that is the case, we consider this matter to be
closed.
If you wish, you may contact me directly, and I will be happy to speak with you about this issue
Sincerely,
l)
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
i

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Action ID:200501017
Responsible Party:
U.S. ARMY CORPS OF
Wilmington District
P.O. Box 1890
Wilmington, NC 28402-1890
County: Carteret
Notice of Unauthorized Activity
Andrew Soots
601 Nelson Neck Road
Sea Level, NC 28577
Quad: Beaufort
11; �ILI,
� V.
• I 2 2005
Property Location and Description: The project site is a single-family residedddgtlic'dIld`ddCsotdNecCM
Road, Sea Level, Carteret County, North Carolina. The property includes and abuts a coastal salt marsh
adjacent and hydrologically connected to Core Sound and Styron Bay, a regulated water of the United
States.
Description of Unauthorized Activity: On July 18, 2005, U.S. Army Corps of Engineers staff inspected
the referenced property and documented disturbance activities in jurisdictional wetlands. Marsh
vegetation and soils had been mechanically cleared and deposited in wetlands. Windrows of vegetation
debris had been piled in the mechanically cleared soils. In addition, a pile consisting of vegetation and
manmade debris had been deposited in wetlands near the house. The total disturbed area is approximately
%2-acre.
A review of district records indicates that these activities have not been authorized by the U.S. Army
Corps of Engineers.
_X_ Unauthorized Activity River & Harbor Act, Section 10 (33 USC 403)
Noncompliance with Permit _X_ Clean Water Act, Section 301 (33 USC 1311)
Remedial Action Requested:
Within 10 days after receiving this letter, please contact me at this office to discuss this matter. At that
time, you may present any evidence you may have that demonstrates that the described work has been
authorized by the Army Corps of Engineers. If the work is unauthorized, remedial action will be required
and shall include submittal of a site restoration plan subject to Corps approval. The plan shall include
specifications for the restoration of the disturbed soils to original wetland grade and restoration of wetland
vegetation. Note. According to Mark Hardeman of the North Carolina Division of Coastal Management,
you have already agreed to restore the site to state specifications. If that is the case, please submit a copy
of your restoration proposal to me for consideration of approval. Your proposal should include a time
frame for completion of the restoration and specifications for monitoring and maintaining restoration
success.
Erosion and control measures may include check dams, silt fence, hay, or straw bales and must be
installed as necessary during restoration to prevent sediment from eroding into adjacent waters and
wetlands.

Andrew Soots
USACE File No. 200501017
Notice of Unauthorized Activity
Page 2
An option available to you is to apply for an after -the -fact permit to request authorization to keep the site
in its present state. Be advised, however, that our experience in these matters leads us to believe that
obtaining approval for the described work would be unlikely and time consuming. In any event, we would
not begin processing a request to keep the project until you have resolved any enforcement actions related
to this violation that may exist between you and other agencies.
If you do no further unauthorized work in waters or wetlands on site and perform the requested remedial
action, the Corps of Engineers may take no further action in this matter. If after receiving this notice, you
fail to submit a plan to redress the described environmental damage or if you continue to perform
unauthorized work in waters of the U.S., we may seek immediate legal action.
If you have questions or comments about this notice or if you need further information about the Corps of
Engineers regulatory program, please contact me at [phone].
Project Manager: Thomas Farrell//P�
Date: August 30, 2005
cc: Mark Hardeman, North Carolina Department of Environment
and Natural Resources, 400 Commerce Ave., Morehead City, NC 28557
Justin McCorcle, Office of Counsel, USACE Wilmington District

Ag;_
NCDENR
North Carolina Department of Environment and Natural Resources
Division of Coastal Management
Michael F. Easley, Governor Charles $. Janes, Director Wiliam G. Ross Jr., secretary
LSB MTT
April 18, 2006 /,4. Q¢ � TB �
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Cam'"
Mr. Andrew Soots Ci - —�7J
503 College Street �`�St�s�o
Wilkesboro, NC 28697 J
RE: Payment of Proposed Penalty for Violations of the Coastal Area Management Act,
Committed in Carteret County
CAMA Violation 905-23C
Dear Mr. Soots:
This letter will acknowledge receipt of your check #5810, in the amount of $350.00, and dated
April 11, 2006. 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 Morehead City
office, [phone].
Sinc rely,
Tere Barrett
District Manager
TB/lsb
cc: Roy Brownlow, Compliance Coordinator
Ted Tyndall, Asst. Director
Mickey Suggs, COE
400 Commerce Avenue, Morehead City, North Carolina 28557
Phone: [phone] \ FAX: [phone] \ Internet: www.nccoastalmanagement.net
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i
Mr Andrew Soots
December 21, 2005
Page 3 of 3
CAMA VIOLATION #05-23C
yu � F�-� � , .1 '
APR 1 7 2006
Morehead City DCM
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 $350.00 against me for violation of the Coastal Area
Management Act, NCGS 113A-100 et sec, committed adjacent to Core Sound and Styron Bay at the
terminus of Nelson Neck Road, Sea Level, Carteret 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 7/12/05, and agree to pay the civil assessment of $350.00.
DATE
II-0v
SIGNATURE
ADDRESS
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356- Vol - a sug
TELEPHONE NUMBER
151-B Hwy. 24, Hestron Plaza II, 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

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
July 12, 2005
CERTIFIED MAIL
RETURN RECEIPT REQUESTED
Mr. Andrew Soots
601 Nelson Neck Rd.
Sea Level, NC 28577
RE: NOTICE OF VIOLATION AND REQUEST TO CEASE UNAUTHORIZED DEVELOPMENT-
CAMA VIOLATION #05-23C
Dear Mr. Soots:
This letter confirms that on June 28, 2005, Mr. Mark Hardeman, Coastal Management Representative was onsite at
your property located at the southeastern terminus of Nelson Neck Road, adjacent to Core Sound and Styron Bay
located in the Town of Sea Level, Carteret County, North Carolina. The purpose of the visit was to investigate
unauthorized development in the form of excavating and grading coastal wetlands, high ground, and, possible federal
wetlands. Again on June 29, 2005, Mr. Hardeman and I visited the site for the purpose of gathering specific
information. On July 07, 2005, Mr. Hardeman met onsite with you to discuss the situation.
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 grading and filling of
approximately 50,334 sf of coastal wetlands and additional high ground and possibly federal wetlands on the
aforementioned property. This activity took place within the Estuarine Shoreline and Coastal Wetlands that are
contiguous with Core Sound and Styron Bay. Estuarine Shoreline and Coastal Wetland 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.113A-126). 1 .
It is the policy of the Coastal Resources Commission to levy a minimum civil assessment of $350.00 not to exceed
$2,500 against all violations of this type. This is done to recoup some of the costs of investigating and/or to
compensate the public for damage to its natural resources. Whether a higher amount will be assessed depends on
several factors, including the nature and area of the resources affected and the extent of the damage to them.
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

Mr. Andrew Soots
July 12, 2005
Page 2 of 3
You are also in violation of the State's Dredge and Fill Law 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, grading and filling of approximately 50,334 sf of coastal
wetlands and additional high ground and possible federal wetlands in the Estuarine Shoreline and Coastal Wetland
AECs, is not consistent with Section 07H .0208, which disallows the non water -dependent grading of wetlands or
waters, and requires authorization with specific methodologies for the grading of the high ground area and/or federal
wetlands within 575' of Core Sound and Styron Bay. Therefore, I am requesting that all disturbed areas within the
Coastal Wetlands be returned to original grade and contour. All disturbed area on the high ground must be
stabilized. Additionally, any restoration required by the USAGE or the NCDWQ of federal wetlands will become a
part of this restoration plan. Because greater than one acre of land was disturbed, a Stormwater Plan must be
obtained from the NC DWQ, and a Sedimentation/Erosion Control Plan must be obtained from the NC DLQ.
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.
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 permits and for development that
is inconsistent with Coastal Resources Commission rules.
Sincerely, '
Tere Barrett
District Manager, MHC District, DCM
Cc: Ted Tyndall;*,ssistant Director, DCM
Mark Hardeman, Coastal Management Representative, DCM
Roy Browner Compliance Coordinator, DCM
Larry Smith, LPO
Henry Wicker, USAGE
Noelle Lutheran, NCDWQ
ENCLOSURE
400 CorSmerce Avenue, Morehead City, North Carolina 28557
Phone: [phone] \ FAX: [phone] \ Internet: www,nccoastaimanagement.net
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Mr. Andrew Soots
July 12, 2005
Page 3 of 3
RESTORATION PLAN FOR
Mr. Andrew Soots Property
CAMA Violation No. 05-23C
Property located at the southeast end of Nelson Neck Road, Carteret County
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I, Andrew Soots, agree to return all disturbed areas within the Coastal Wetlands to original grade and contour. All disturbed area
on the high ground must be stabilized. Additionally, any restoration required by the USACE or the NCDWQ will become a part of
this restoration plan. Because greater than one acre of land was disturbed, I understand that I must obtain a Stormwater Plan
from the NC DWO, and a Sedimentation/Erosion Control Plan from the NC DLO.
I agree to complete the coastal wetland restoration portion to the satisfaction of the Division of Coastal Management (DCM) by
August 12, 2005, or provide an explanation for non-compliance and a reasonable request for time extension. I agree to arrange a
meeting with the USACE and the NC DWQ to determine any further actions necessary to fulfill their requirements governing
federal wetlands by that same date. Lastly, I agree to submit applications for both Sedimentation/Erosion Control and
Stormwater authorizations to the appropriate agencies listed above by August 12, 2005. 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 $350.00 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.
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

CKING REPORT
Violation Base No. L,
A B C D
Violated Permit No. 14
(if applicable)
Violation DescriptiPn 1 ,r I W s activity permittable? Yes
Initial Discovery Date IjDiscovery Method t/ ll (��t
Violation Description
Respondent Inform tlon Prior Violations in same AEC: Yes Case Number�j—a 01
Respondent Name(s) Jh-kJZ (Landowner/Agent/Contractor)
Address ll1- i City--"'k')"( State Zip ?
Phone # �7j��� —�(�� Fax #
Email /
Violati e: ProLeetiype: Autho ' tions Requir Site isit Respondent Site Visits Respondent
No erm' r' t Community Major } Present{ Present
Permit Condition Govt./Public nor D&F to A k
Expired Permit Commercial General lo•� V S
Inconsistent wl Rules
Violation Location and Site Description
Rover File
Project Location: County ell Shoreline Length
Street Address/ State Road/ Lot #(s) Q_
SAV: Not Sure Yes
Subdivision ���
11 I/ 4-
City ZIP
Phone # ( )) River Basin U3rL W-
Adj.Body,,�� (n /man/unkn)
Closestest Maj. Wtr.tc BoBody
Sandbags: Not Sure
PNA:
ORW:
Crit. Hab.
Photos
Waiver Required
In DWQ Buffer Area
Restoration
NOV Date / I/4ps, Initial Req. Comp. Date 5
CNOV Date L Date Comp. Observed / 6
Penalty Assessment ( /171.04 9 Fef.
Sent to Respondent Date App./Permit Fee 1 N%16
Rcvd. by Dist. Mgr. Date
Assessment Extended Yes
Penalty
No Willful/Intent.
Continuing
Other
Total
Yes
o Adjacent
V Adjacent
No
VYa I No
Ye No
Yes LT
Extension Granted Ye No
Restoration Letter f I g IOS
Acceptance Date /
Recomm. Assess. DCM Assess.
$a50 $
$�00 $

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 Let. Sent Date Demand Let. Sent
Violation Activities and Impacts
AECs Af d: Wetlands Impacted? Yes / No If yes, which types:
EW PTA ES PTS �; t6—\
HHF IH ScB ., SY 1R LS TY
PWS: FC: Ss
`�/)
Other:
Restoration Required by the Respondent Yes No
Dimensions in excess Dimensions to restore Final dimensions Actually restored
of permit/ unauthorized activities allowed
Development Activities es, A/) ,, & t .
Habitat Description / p 1 t ) r 0(-� / 40
NOTES:
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
October 18, 2005
Mr. Andrew Soots
503 College Street
North Wilkesboro, NC 28697
RE: RESTORATION ACCEPTANCE - CAMA VIOLATION #05.23C
Dear Mr. Soots:
*SB
:
This letter is in reference to the Notice of Violation #05-23C sent to you dated July 12, 2005 for the grading
and filling of federal and coastal wetlands and high ground within the Estuarine Shoreline and Coastal
Wetlands in or near Core Sound and Styron Bay. The violation took place on your property located at the
southeastern terminus of Nelson Neck Road off of Highway 70 in or near the community of Sea Level in
Carteret County, North Carolina. This unauthorized activity constituted development and you were
requested to remove all fill from the wetlands and stabilize all high ground disturbed areas adjacent to
wetlands or waters. 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 (AEC) must be corrected by restoring the project site to pre -development
conditions to recover lost resources or to prevent further resource damage.
Mr. Mark Hardeman conducted a site visit at the aforementioned property on August 26, 2005 to inspect
the restoration of the unauthorized activity addressed in the Notice of Violation #05-23C. Based on this
inspection, it appears the restoration is accomplished to the satisfaction of this Division. Upon my
preparation 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 [phone].
Sincerely,
Tere Barrett
District Manager, MHC DCM
Cc: Ted Tyndall, Assistant Director, DCM
Mark Hardeman, Field Representative, DCM
Roy Brownlow, Compliance Coordinator, DCM
Henry Wicker, USACE
Noelle Lutheran, DWQ
400 Commerce Avenue, Morehead City, North Carolina 28557
Phone: [phone] FAX: [phone] Internet: www.nccoastaimanagement.net
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e�A
NCDENR
North Carolina Department of Environment and Natural Resources
Division of Coastal Management
Michael F. Easley, Governor
CERTIFIED MAIL
RETURN RECEIPT REQUESTED
Mr. Andrew Soots
503 College Street
North Wilkesboro, NC 28697
RE: CAMAVIOLATION #05.23C
Dear Mr. Soots:
Charles S. Jones, Director
October 20, 2005
William G. Ross Jr., Secretary
This letter is in reference to the Notice of Violation dated July 12, 2005 that I, District Manager for the Morehead
City District of the NC Division of Coastal Management, issued to you for the grading and filling of state and
federal wetlands within the Estuarine Shoreline and Coastal Wetlands adjacent to Core Sound and Styron Bay
at the terminus of Nelson Neck Road, in the community of Sea Level, Carteret County. The violation involved
the Estuarine Shoreline and Coastal Wetlands, which are Areas of Environmental Concern designated by the
Coastal Resources Commission. Based upon the site visit conducted on August 26, 2005 by Mr. Mark
Hardeman, DCM Field Representative, 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 Resource Commission, a proposed civil penalty in the amount of $350.00 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 $350.00 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.
400 Commerce Avenue, Morehead City, North Carolina 28557
Phone: [phone] FAX: [phone] Internet: www.nccoastalmanagement.net
An Equal Opportunity 1 Affirmative Action Employer— 50% Recyded 110% Post Consumer Paper

Mr. Andrew Soots
October 20, 2005
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,
Tere Barrett, District Manager
Division of Coastal Management
Enclosures
cc: Ted Tyndall, Assistant Director, DCM
Roy Brownlow, Compliance Coordinator, DCM
Mark Hardeman, Coastal Management Representative, DCM
400 Commerce Avenue, Morehead City, North Carolina 28557
Phone: [phone] FAX: [phone] Internet: www.nccoastaimanagement.net
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Mr. Andrew Soots
October 20, 2005
page 3 of 3
CAMA VIOLATION #05.23C
Mr. Andrew Soots
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 $350.00 against me for violation of the Coastal Area
Management Act, NCGS 113A-100 et sec, committed on or near my property at the terminus of Nelson Neck
Road, Sea Level, in Carteret 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 12, 2005, and agree to pay the proposed civil assessment of $350.00.
DATE
SIGNATURE
ADDRESS
TELEPHONE NUMBER
400 Commerce Avenue, Morehead City, North Carolina 28557
Phone: [phone] FAX: [phone] Internet: www.nccoastalmanagement.net
An Equal Opporlunily lAffirmative Action Employer-50% Recycled \ 10% Post Consumer Paper

MCENR
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
December 21, 2005
CERTIFIED MAIL
RETURN RECEIPT REQUESTED
Mr. Andrew Soots
503 College Street
North Wilkesboro, NC 28697
RE: CAMA VIOLATION#05-23C
. SECOND NOTICE OFASSESSMENT
Dear Mr. Soots:
This letter is in reference to the previous Notice of Assessment dated 10/20/05 for the Notice: of Violation
sent to you dated 7/12/05, for the unauthorized grading and filling of state and federal.wetlands adjacent to
Core Sound and Styron Bay at the terminus of Nelson Neck Road in Sea Level, Carteret County. The
violation involved the Estuarine Shoreline and Coastal Wetlands AEC's, which are Areas of Environmental
Concern designated by the Coastal Resources Commission. Based upon the site visit conducted on
August 26, 2005 by Mr. Mark Hardeman, DCM Field Representative, 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 maybe assessed for
any violation. It is the policy of the Coastal Resources Commission to assess a civil penaityfor all --------
violations. This is to recover some of the costs of investigating violations and/or to compensate the public
for any damage to its natural resources.
As stated in the previous Notice of Assessment, under the rules of the Coastal Resource Commission, a
civil penalty in the amount of $350.00 is appropriate for this violation. Therefore, a $350.00 penalty is
informally proposed against you. You may expeditiously resolve this matter at this time by accepting
responsibility for the violation and paying the amount proposed above. In order to do this, you must: (1)
sign the "Agreement to Pay Civil Assessment;" (2) attach a check or money order for $350.00 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.
151-B Hwy. 24, Hestron Plaza II, Morehead City, North Carolina 28557
Phone: [phone] FAX: [phone]Internet www.nGcoastalmanagement.net
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Mr. Andrew Soots
December 21, 2005
Page 2 of 3
w
If you do not send a signed agreement and payment to this office within ten (10) days, I will request the
Director of the Division of Coastal Management formally assess a civil penalty against you for this violation.
You will then have the opportunity to request a hearing on the penalty or request remission of the penalty.
Please be advised, this is the final attempt to resolve this matter informally.
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,
Tore Barrett
District Manager, MHC DCM
cc: Charles S. Jones, Director, DCM
Ted Tyndall, Assistant Director, DCM
--- Roy Brownlow, Compliance and Enforcement Coordinator, DCM
Mark Hardeman, Coastal Management Representative, DCM
400 Commerce Ave, Morehead City, North Carolina 28557
Phone: [phone] \ FAX: [phone]ntemet www.nccoastalmanagement.net
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Mr. Andrew Soots
7ecember21, 2005
Page 3 of 3
CAMA VIOLATION #05.23C
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 $350.00 against me for violation of the Coastal Area
Management Act, NCGS 113A-100 et seg, committed adjacent to Core Sound and Styron Bay at the
terminus of Nelson Neck Road, Sea Level, Carteret 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 7/12/05, and agree to pay the civil assessment of $350.00.
DATE . SIGNATURE
I
ADDRESS
I
TELEPHONE NUMBER
151-6 Hwy. 24, Hestron Plaza II, Morehead City, North Carolina 28557
Phone: [phone] FAX: [phone] Internet: www.nccoastalmanagement.net
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04-NM-05 NC DIVISION OF COASTAL MANAGEMENT ENFORCEMENT RECORD
CASE NUMBER LAST NAME FIRST NAME BUSINESS NAME:
0� 05-23C SOOTS ANDREW
) CASE IS CLOSED �, Previous Violations in Same
AEC for Similar Activities
NOV DATE CLOSURE DATE Elapsed Days AFFLILIATION SECTOR
S/112005 r 95 1PROPERTY OWNER PRIVATE
MAILING ADDRESS
CITY STATE
ZIP CODE PHONE NUMBER
601 NELSON NECK RD
SEA LEVEL NC
26677- r-
PROPERTY ADDRESS
COMMUNITY
WATERBODY NEAREST ROAD
NELSON NECK ROAD
SEA LEVEL
ISTYRON BAY F-
DISTRICT OFFICE COUNTY DCM REPRESENTATIVE LPO CONTACT
MHCDO CARTERET BARRETT I
V CW ❑ EW ❑ PTA /1 ES PTS
VIOLATION TYPE
MAJOR CAMA plus DREDGE AND FILL OEA �_ HHFA j_ _ IHA ] PWS-NCRA
NATURE OF VIOLATION AEC DESCRIPTION ISectio, 404 Wetlands
authorized major development and violation of the State's dredge & fill law by grading and filling of approximatel
334 sq.ft. of coastal wetlands and additional high ground within the CW & ES AECs adjacent to Styron Bay and
'e Sound.
RESTORATION REQUEST DATE COMPLETION DATE
❑/1 9/1/2005 1 8/26/2005
❑ RESTORATION NOT REQUIRED -CONTRACTOR RESTORATION EXTENDED RESTORE DATE
DEADLINE
❑ RESTORATION NOT REQUIRED -PERMITTABLE DEVELOPMENT EXTENDED
❑ RESTORATION NOT REQUIRED - FURTHER IMPACTS REFERRED TO AG'S OFFICE - INJUNCTION
INJUNCTION DATE:
❑ RESTORATION PENDING
REFERRED TO AG'S OFFICE -COLLECTION
-- COLLECTION REQUEST DATE: F—
ASSESSMENT DATE PENALTY AMOUNT COLLECTION DATE AMOUNT COLLECTED
10/20/2005 $350 F— I
© PENALTY ISSUED ❑ WILLFUL& INTENTIONAL PENALTY MIN. OR DOUBLED)
❑ PENALTY NOT ISSUED CNOV ISSUED CNOV DATE
❑ CONRACTOR'S FIRST OFFENSE PENALTY APPEALED APPEAL DATE
FORMAL CPA ISSUED FORMAL CPA DATE
J SETTLED. AGREED UPON, STIPULATED PENALTY SETTLEMENT DATE
UNCOLLECTIBLE PENALTY r—UNCOLLECTIBLE DETERMINATION DATE
Violations Involving Adversely Impacted Resources
AMOUNT OF ADVERSELY DISTURBED AREA (SQ. FT.)
AMOUNT OF RESTORED AREA (SQ. FT)
NOTES

a,�
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
December21, 2005
CERTIFIED MAIL.
RETURN RECEIPT REQUESTED
Mr. Andrew Soots
503 College Street
North Wilkesboro, NC 28697
LSB �
TB _Ll� RB
MTT
CL,
RE: CAMA VIOLATION #05-23C u I �`
SECOND NOTICE OFASSESSMENT �Q 1k 6 �-Q `t b
Dear Mr. Soots: 1v0
iv-&P 4-6
This letter is in reference to the previous Notice of Assessment dated 1Ln
sent to you dated 7/12/05, for the unauthorized grading and filling of state and federal wetlands adjacent to
Core Sound and Styron Bay at the terminus of Nelson Neck Road in Sea Level, Carteret County. The
violation involved the Estuarine Shoreline and Coastal Wetlands AEC's, which are Areas of Environmental
Concern designated by. the Coastal Resources Commission. Based upon the site visit conducted on
August 26, 2005 by Mr. Mark Hardeman, DCM Field Representative, 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 civil penalty for all ---
violations. This is to recover some of the costs of investigating violations and/or to compensate the public
for any damage to its natural resources.
As stated in the previous Notice of Assessment, under the rules of the Coastal Resource Commission, a
civil penalty in the amount of $350.00 is appropriate for this violation. Therefore, a $350.00 penalty is
informally proposed against you. You may expeditiously resolve this matter at this time by accepting
responsibility for the violation and paying the amount proposed above. In order to do this, you must: (1)
sign the "Agreement to Pay Civil Assessment;" (2) attach a check or money order for $350.00 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.
151-B Hwy. 24, Hestron Plaza II, Morehead City, North Carolina 28557
Phone: [phone] FAX: [phone] Internet www.nccoastaimanagement.net
An Equal Opportunity 1 Affirmative Action Employer- 50% Recycled 110% Post Consumer Paper

Mr. Andrew Soots
December 21, 2005
Page 2 of 3
If you do not send a signed agreement and payment to this office within ten (10) days, I will request the
Director of the Division of Coastal Management formally assess a civil penalty against you for this violation.
You will then have the opportunity to request a hearing on the penalty or request remission of the penalty.
Please be advised, this is the final attempt to resolve this matter informally.
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,
'`
Tere Barrett
District Manager, MHC DCM
cc: Charles S. Jones, Director, DCM
Ted Tyndall, Assistant Director, DCM
Roy Brownlow, Compliance and Enforcement Coordinator, DCM.
Mark Hardeman, Coastal Management Representative, DCM
400 Commerce Ave, Morehead City, North Carolina 28557
Phone: [phone] FAX: [phone] Intemet: www.nccoastalmanagement.net
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Mr.Andrew Soots
December 21, 2005
Page 3 of 3
LAMA VIOLATION ff05.23C
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 $350.00 against me for violation of the Coastal Area
Management Act, NCGS 113A-100 et sec, committed adjacent to Core Sound and Styron Bay at the
terminus of Nelson Neck Road, Sea Level, Carteret 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 7/12/05, and agree to pay the civil assessment of $350.00:
I
I
l
DATE SIGNATURE
ADDRESS
y
TELEPHONE NUMBER
I ,
i
i
151-B Hwy. 24, Hestron Plaza II, 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 Pape

Offices of the Governor
Michael F. Easley Community and Citizen Services
Governor 733-2391
To: Ombudsman Issue: Complaint
Attn: Allison Stivender Case Number:1123693
Building: Admin. Date Initialized:4117+2006
Room: Respond By: 511I2006
Phone:[phone] Returned:
Email: Aliison.Stivender@ncmaifnet Closed:
Name: Mr. and Mrs. Andrew Soots
Title -
Organization:
Address: 503 College Street
Wilkesboro NC 28697
--------------------------------
County: Wilkes Country: USA
Phone: Email:
Case Details:
Ms. Soots and her husband were fined $350.00 by Carteret County for moving brush on their
property. They had tried to obtain a permit: but were told it was not necessary.
`�z a r"
iA
T_ upon completion of this case, please return entire file and a copy of your reply to
Claire Ennis, Room 1081, Admin Bldg. If you have questions, please tali 715-5898.
For Your Information/Copy and Return _----You may keep publication
Prepare reply suitable for Governor's signature and return.
Acknowledge stating Governor referred and return.
Draft reply suitable for secretary or agency head signature and return.
_ Other
Received By: Date:
Action Taken:

Per 11 66 1 D r 42p
P.1
Andrew & Sue Soots
503 College Street
Wilkeshoro, NBC 28697
Governor Michael F. Easley
Office of the Governor
Z0.301 Mail Scrvice Center
Raleigh NC 27699-0301
April l 1. 2006
Dear Govcntor Easley,
I am hoping you will at least listen to my story and nm hopinp you can help.
Andrew and 1 have occurred a fine of S 710 in Carteret County by Iere
Barrett, DM, MfIC DCM. The line is for moving brush on a piece of land
behind our hOUSC. 1 just cannot see that this tine is justified.
Here is how the story goes. In 1999. Andrew and 1 purchased an old house
at 601 Nelson Neck Road. ()ur house was destroyed by a I furric ne in
'003. we were lucky enough to find another house and have it moved onto
our lot. Needless to say, more storms come and more damage to our new
home and each time, more: clean up_
After cvcryi stornn, there; is trlsh. brush and rnosdtritoes and water that wilt
not dry up because of all the trash. The only thing we have ever tried to do
s clean up andmake our surroundings prclty and try to keepdown the
mosquito infestation.
This past Summer, we went down Ior a week -end. Our first wtop was at the
CAMA office to apply for a wrmit to do some clean up. We were told that
we probably did not ne%ed a permit_ but to just go ahead and start our clean
up and that if we needed one. we would be contacted. The CAMA permit
person would be down that .oav over the week -end and would chek:k ,end if -
we needed a permit. he would let us know,

Rpr 11 06 10:44p
p.I
We proceeded to do our clean up and the only thing we did was move the
brush so it could be burned and what happens, n fine for S350.00be�-ause we
did not have a permit. 1 just think this is unfair because we are not trying to
cruse trouble and tried to get OUt permit ane he +egal.
Just wanted you to listen and know that 1 am protesting this fine. i am
sending in the money because Ionly have 10 days to Let it into avoid a
Civil Penalty. 1 just think that clean up should be justified arter Hurricanes.
Think yvt. ( listening,

Re: Fw: [Fwd: 1123693-Soots AndrewMM]
Subject: Re: Fw. [Fwd: 1123693-Soots,AndrewMMj
From: Tere Barrett <[e-mail]>
Date: Tue, 25 Apr 200613:41:56 -0400
To: 'Michele. [e-mail]' <Michele. Walker@ncmail. net>
CC: Ted Tyndall <[e-mail]>, Charles S Jones <[e-mail]>, Roy Brownlow
<Roy. Brownlow@ncmail. net>
Michele, in response to your request to explain the "story,' I will do the best I can.
The Soots were not assessed by Carteret County, but by DCM. The Notice of Violation was not for clearing brush.
We did not receive a phone call in which anyone in this office told Mr. or Mrs. Soots that they "probably did not need
a permit but to just go ahead and start our dean up and if we needed one, we would be contacted." Nor did anyone
in this office tell them that "the CAMA person would be down that way over the weekend and would check and if we
needed a permit, he would let us know.' We do not tell anyone to start work without first visiting the site, unless we
can tell them with certainty that there is no permit needed for their request. If there is a question, we schedule a site
visit before we give them guidance about beginning work or about any permits that may be needed. We do not
work weekends on a regular basis, and if we do, it is generally to catch up on office work, not in the field. The
county was not involved with this, nor do their inspectors work weekends.
I spoke with Mr. Soots more than once beginning on the day that I first went onsite after receiving a complaint about
this violation (Mark Hardeman was with me, as he was a new Field Rep. He had visited the site himself the day
before, and had asked me to look at it Wth him), and Mr. Soots never alleged any of this. Rather, he stated that he
had in fact graded some old spoil and debris piles that were on the property, in part to alleviate mosquitoes. The
work involved more than an acre of ground disturbance, with no sedimentation/erosion control measures, some of it
being in federal wetlands, and some in coastal marsh. The date of the first site visit by Mark was June 28, 2005,
and Mark and I visited the site the next day, on the 29th. Hurricane Ophelia did not hit until September 16, 2005.
The previous hurricane of significance in this area was Isabel, on September 18, 2003 (to address the assertion that
the work was hurricane dean -up).
The Notice of Violation of the CAMA and Dredge and Fill Act, with the restoration plan, was sent to Mr. Soots on July
12, 2005, only after discussing the situation with him. The US Army Corps of Engineers cited Mr. Soots with a
violation of the Clean Water Act, after inspecting the site on July 18, 2005. Their August 30, 2005 Notice states that
'marsh vegetation and soils had been mechanically cleared and deposited in wetlands ... In addition, a pile consisting
of vegetation and manmade debris had been deposited in wetlands near the house.'
Mr. Soots removed the fill from the wetlands, and stabilized the material on the high ground. I wrote him a letter on
October 18, 2005, stating that restoration was complete as of a site visit by Mark Hardeman on August 26, 2005.
Mr. Soots was subsequently assessed the minimum civil penalty of $350.00, which was paid on April 11, 2006. The
matter is considered dosed at this time. I am attaching a copy of the initial Notice of Violation, the Restoration
Acceptance Letter, and the Assessment Letter.
If there is anything further you need, please let me know. Tere
Michele. Walker(D.ncmail.net wrote:
Please take a look at the attached letter. What's the story here? I've been asked to reply to this.
Michele
1 of 3 4/28/2006 8:22 AM

Re: Fw: [Fwd: 1123693-Soots AndrewMM]
---Original Message —
From: diana.kees(a)ncmail.net
Date: Apr 19, 2006 16:34
To: 'Michele Walker'
Subj: [Fwd: 1123693-Soots,AndrewMM]
Looks like another one for you.
---- Original Message
Subject: I 123693-Soots,AndrewMM
Date: Wed, 19 Apr 2006 14:48:33 -0400
From:Allison Stivender<Allison.Stivender(ci)ncmail.net>
To:Diana Kees <diana.kees(d)ncmail.net>
Hi, Diana. Thanks again for the help with the van. They were able to help us.
Let me know what y'all think about this (attached pdf.)
A.
Allison Stivender, Ombudswoman
Office Of the Governor
E-mail correspondence to and from this address may be subject to the North Carolina Public Records Law and
may be disdosed to third parties.
Diana Kees
Acting Director, Public Affairs
N.C. Dept. of Environment and Natural Resources
1601 MSC, Raleigh, NC 27699-1601
[phone]; fax [phone]
2 of 3 4/28/2006 8:22 AM

Re: Fw: [Fwd: 1123693-Soots AndrewMM]
Tere Barrett. District Uana;er
....
TnIL Ffra
Content -Type: application/msword
andrew soots.doc Content -Encoding: base64
soots.doc Content -Type: application/msword
Content -Encoding: base64
soots.doc Content -Type: application/msword
Content -Encoding: base64
3 of 3 4/28/2006 8:22 AM

02-May-06 NC DIVISION OF COASTAL MANAGEMENT ENFORCEMENT RECORD
�( CASE NUMBER
O 05-23C
O CASE IS CLOSED
LAST NAME FIRST NAME BUSINESS NAME:
SOOTS ANDREW
Previous Violations in Same
❑ AEC for Similar Artivitiac
NOV DATE CLOSURE DATE Elapsed Days
AFFLILIATION SECTOR
8/1/2005
i
;?gp
PROPERTY OWNER PRIVATE
MAILING ADDRESS
CITY
STATE ZIP CODE PHONE NUMBER
601 NELSON NECK RD
SEA LEVEL
INC 28577- 1_
PROPERTY ADDRESS
COMMUNITY
WATERBODY NEAREST ROAD
NELSON NECK ROAD
ISEA LEVEL STYRON BAY F—
DISTRICT OFFICE COUNTY DCM REPRESENTATIVE LPO CONTACT
MHCDO ICARTERET 1BARRETT I
VIOLATION TYPE
MAJOR CAMA plus DREDGE AND FILL
NATURE OF VIOLATION
AFFECTED AEC(S) F/I CW ❑ EW ❑ PTA © ES ❑ PTS
❑ OEA ❑ HHFA ❑ IHA ❑ PINS ❑ NCRA
AEC DESCRIPTION ISection 404 Wetlands
Unauthorized major development and violation of the State's dredge & fill law by grading and filling of approximately
50,334 sq.ft. of coastal wetlands and additional high ground within the CW & ES AECs adjacent to Styron Bay and
Core Sound.
RESTORATION STATUS
❑ RESTORATION NOT REQUIRED - CONTRACTOR
Ll RESTORATION NOT REQUIRED - PERMITTABLE DEVELOPMENT
❑ RESTORATION NOT REQUIRED - FURTHER IMPACTS
❑ RESTORATION PENDING
RESTORATION RESTORATION REQUEST DATE COMPLETION DATE
9/1/2005 1 8/26/2005
RESTORATION EXTENDED RESTORE DATE
❑ DEADLINE
EXTENDED
❑ REFERRED TO AG'S OFFICE - INJUNCTION
INJUNCTION REFER DATE: I
❑ REFERRED TO AG'S OFFICE • COLLECTION
COLLECTION REQUEST DATE:
PENALTY STATUS
ASSESSMENT DATE PENALTY AMOUNT COLLECTION DATE AMOUNT COLLECTED
10/20/2005 1 $350 4/18/2006 $350
FVJ PENALTY ISSUED
❑ WILLFUL &INTENTIONAL PENALTY (MIN. OR DOUBLED)
❑ PENALTY NOT ISSUED
❑ CNOV ISSUED F—CNOV DATE
❑ CONRACTOR'S FIRST OFFENSE
❑ PENALTY APPEALED r—APPEAL DATE
❑ FORMAL CPA ISSUED —FORMAL CPA DATE
❑ SETTLED. AGREED UPON, STIPULATED PENALTY SETTLEMENT DATE
❑ UNCOLLECTIBLE PENALTY r—UNCOLLECTIBLE DETERMINATION DATE
Violations Involving Adversely Impacted Resources
AMOUNT OF ADVERSELY DISTURBED AREA (SQ. FT.)
AMOUNT OF RESTORED AREA (SQ. FT) NOTES
FROM PREVIOUS 7/12J05 ISSUANCE. SECOND NOTICE OF ASSESSMENT ISSUED 12/21/2005.

N.C. Division of Coastal Manages PM
400 Commerce Avenue )(1)
Morehead City. NC 28557cur 11�5
Tel. [phone] CL u_ Q �$�•�I�Ii 36.i� �'�.
7004 2890 0003 8041 9854 1
oy
i Q
Andrew Soots/05-23C
601 Nelson Neck Rd,
Sea Level, NC 28577
/{ ❑INSUFFICIENT ADDRESS `
_ I�) ATTEMPTED NOT KNOWN ❑ OTHER
• I`�{`�// ` V✓ O ❑ NO SUCH NUMBER/ STREET
AS ADD
S NOT DELIVERABLE
TO FORWARDODNESS.491
ED
III :1::11:L11!JIMI"III' [Ili III

■ Complete items 1, 2, and 3. Also complete
Item 4'd 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 mailpiece,
or on the front if space permits.
1. Article Addressed to:
Andrew Soots/05-23C
601 Nelson Neck Rd.
Sea Level, NC 28577
A Signature O Agent
X ❑ Addressee
B. Received by ( Printed Name) C. Date of Delivery
D. Is delivery address different from item 17 O TM
If YES, enter delivery address below: ❑ No
3. Service Type
❑ Certified Mail ❑ EWess Mail
❑ Registered ❑ Return Receipt for Merchandise
❑ Insured Mail 0 C.O.D.
4. Restricted Delivery? Pft Fee) ❑ Yes
2. Article Number 7004 2890 0003 8041 9854
Rransfer born serNce label)
Domestic Return Reoelpt 702585-02-M-15W
PS Form 3811, February 2004 --

■ 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 mailpiece,
or on the front if space permits.
1. Article Addressed to:
Andrew Soo.s/05-23C
503 College St.
N Wilkesboro, NC 28697
A.
❑ Agent
B. Received by (Printed Name)
D. is del" address different from Rem I ❑ %s
If YES, enter delivery address below: ❑ No
3. Service Type
❑ Certified Mail ❑ Express Mall
❑ Registered ❑ Return Receipt for Merchandise
❑ insured Mail ❑ C.O.D.
4. Restricted Delivery? (Extra Fee) ❑ Yes
2. Article Number
(transfer from sendce laoeq 7004 2890 0003 8041 9 915
PS Form 3811, February 2004 Domestic Return Receipt 1e2595-M-1540

UNITED STATES, POSTAL SERVICE
• Sender: Please print ybw.t €, address,
First-Glaw Mail
Postage & Fees
Perm1wo.. G-iO Pali
N.C. Division of Coastal Management `
400 Commerce Avenue
Morehead City, N.C. 28557
808-2808

ertiiied Mail Provides: (esrenaH) aeoa eenr OOeCu 0,1 Sd
■ A mailing receipt
• A unique identifier for your mallplece
■ A record of delivery kept by the Postal Service for two years
Important Reminders:
■ Certified Mail may ONLY be combined with First -Class Mails or Priority Mail&
■ Certified Mail is not available for any class of international mail.
■ NO INSURANCE COVERAGE IS PROVIDED with Certified Mail. For
valuables, please consider Insured or Registered Mail.
■ For an additional fee, a Return Receipt may be requested to provide proof of
delivery. To obtain Return Receipt service, please complete and attach a Return
Receipt (PS Form 3811) to the article and add applicable postage to cover the
fee. Endorse mailpiece "Rehm Receipt Requested". To receive a fee waiver for
a duplicate return receipt, a USPS,s postmark on your Certified Mail receipt is
required.
■ For an additional fee, delivery may be restricted to the addressee or
addressee's authorized agent. Advise Me clerk or mark the mailpiece with the
endorsement 'Restricted Delivery
■ If a postmark on the Certified Mail receipt is desired, please present the arti-
cle at the post office for postmarking. It a postmark on the Certified Mail
receipt Is not needed, detach and affix label with postage and mail.
it when
an
InInternet access to delivery information wIMPORTANT: Save this receipt and inot vailable)on maiilQuiry.
addressed to APOs and FPOs.

FFICIAL.
Postage
Cerfifleo Fee
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Rehm RecalPt Fee
(Ergorsernera Reprlre0)
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Smt o
.,-. Andrew Soots/05-23C
wPotw.Yna. 601 Nelson Neck Rd.
cM,s�e:zP.d Sea Level, NC 28577

Certified Mail Provides: ava eel zooz evnr Does aay se
■ A mailing receipt
• A unique identifier for your mailpiece
IN A record of delivery kept by the Postal Service for two years
Important Reminders:
■ Certified Mail may ONLY be combined with First -Class Mail® or Priority Mails.
■ Certified Mail is not available for any class of international mail.
• NO INSURANCE COVERAGE IS PROVIDED with Certified Mail. For
valuables, please consider Insured or Registered Mail.
■ For an additional fee, a Return Raceipt may be requested to provide proof of
delivery. To obtain Rehm Receipt service, please complete auattach a Return
Receipt (PS Form 3811) to the article and add applicable postage to cover the
fee. Endorse mailpiece "Return Receipt Requested". To receive a fee waiver for
a duplicate return receipt, a USPSe postmark on your Certified Mail receipt is
required.
■ For an additional fee, delivery may be restricted to the addressee or
addresses's authorized agent. Advise the clerk or mark the mailpiece with the
endorsement -Restricted Delivery°.
■ If a postmark on the Certified Mail receipt is desired, please present the arti-
cle at the post office for postmarking. If a postmark on the Certified Mail
receipt is not needed, detach and affix label with postage and mail.
IMPORTANT: Spits this receipt and present it when making an inquiry.
Internet access to delivery information Is not available on mail
addressed to APOs and FPOs.

U.S. Postal SE
CERTIFIED
(Domestic Mail On)
For delivery informati
Postage
1:3
Certified Fee
M
Return Receipt Fee
� Reshictetl Delivery Fee
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it CO
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Total Postage 8 Fees
P+ostmark
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X/ Y
S
Sent To
ri,a,- Andrew Soots/05-23C
or POBo"NO.
503 College St.
crtg Soto. zlP N Wilkesboro, NC 28697
ar

Certified Mail Provides: sae amzooze��r o0aeuuajsa
• A mailing receipt
■ A unique Identifier for your mallpiece
• A record of delivery kept by the Postal Service for two years
Important Reminders:
■ Certified Mail may ONLY be combined with First -Class Mails or Pnonry Mail®
■ Certified Mail Is not available for any class of international mail.
■ NO INSURANCE COVERAGE IS PROVIDED with Certified Mail. For
valuables, please consider Insured or Registered Mail.
■ For an additional fee, a Return Receipt may be requested to provide proof of
delivery. To obtain Return Receipt seance, please complete antl attach a Return
Receipt (PS Form 3e11) to the article and add applicable postage to cover the
fee. Endorse mailpece "Return Receipt Requested". To receive a fee waiver for
a duplicate return recelpt, a LISPS® postmark on your Certified Mail receipt is
required.
■ For an additional fee, delivery may be restricted to the addressee or
addressee's authorized ag9ent. Advise the clerk or mark the mailpiece with the
endorsement 'Restricted uefivery".
■ If a postmark on the Certified Mail receipt is desired, oleese present iha arti-
cle at the post office for postmarking. If a postmark on the Cr,,
Mail
receipt is not needed, detach and affix label with postage and mail.
IMPORTANT: Save this receipt and Vresent it when making an Inquiry.
Internet access to delivery information Is not avallahle on mall
addressed to APOs and FPOs.

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tm Sent To
r NirWit Apt Mr. Andrew Soots
or PO Box
c5i{smre; 503 College Street
Wilkesboro, NC 2869
r

UNITED STATES �amYrt4 1 "Err 1AO AR
di
• Sender. Please print your name, address, and ZIP+q in this box
%ead
n of Coastal Management
Commerce Avenue
City, N.C. 28557
QPR f 0 20F 808-2808
orehead City DCM
az11. cTjae f.,f1ffufnf11[fill III IfnffrIfIII Ili fnlIfIluIfill nIIli I

■ 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 mailpiece,
or on the front H space permits. -
1. Article Addressed to:
Mr. Andrew Soots
503 College Street
Wilkesboro, NC 28697
2. Article Number
ohm*r from service labs✓)
PS Form 3811, February 2004
A.
by (PHnted Name) 10.
❑ Agent
D. Is delivery address ditferem from Item 17 u Yea
N YES, enter delivery address below: ❑ No
3. Service Type �d]
❑ Certified Mall CY &p% Mail
❑ Registered C] )kabjm Receipt for Merchandise
❑ Insured Mail 0 C.O.D.
4. Restricted Delivery? (Extra Feel ❑ Yes
7005 1160 0003 1590 5450
Domestic Return Receipt
102595-02-M-1540

UNITED STATES POSTAL SERVICE
Mail
111111 LIN tTNo. G-10 Paid
• Sender: Please print your name, address, and ZIP+4#1 this box
N.C. Division of Coastal Managemegg o
400 Commerce Avenue a
Morehead City, N.C. 28557 o N
808-2808
C

■ 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 mailpiece,
or on. the front If space permits.
1. Article Addressed to:
Mr. Andrew Soots
503 College Street
N. Wilkesboro, NC 28697
A.
�L�
—011111
. 1
❑ Agent
❑ Addressee
a), C. Date of Delivery
D. Is delivery address dinerent from Item i? O Yee
N YES, enter delivery address below: ❑ No
3. Service Type
❑ Certified Mall ❑ Express Mail
❑ Registered ❑ Return Receipt for Merchandise
❑ Insured Mall ❑ C.O.D.
4. Restricted Delivery? (Extra Fee)
❑ Yes
2. Article Number
(rmmsfer from service 1 7005 1160 0003 159.4 1953_ _.
PS Form 3811, February 2004 Domestic Return Receipt 1025e5-02-M-1540

Certified Mail Provides: ■ A mailing receipt (eveney) sow cuffr boae UaeJ se
■ A unique Identifier for your mallpiece
■ A record of delivery kept by the Postal Service for two years
Important Reminders:
■ Certified Mail may ONLY be combined with First -Class Mail® or Priority Mail,
■ Certified Mail Is not available for any class of intematlonal mall.
■ NO INSURANCE COVERAGE IS PROVIDED with Certified -Mail. For
valuables, please consider Insured or Registered Mal.
■ For an additional fee, a Return Receipt may be requested to provide proof of
delivery. To obtain Return Receipt semce, please complete and attach a Return
Receipt (PS Form 3811) to the article and add applicable postage to cover the
fee. Endorse mailpiece "Return Receipt Requested". To receive a fee waiver for
a duF�licate return receipt, a USPS® postmark on your Certified Mail receipt is
required.
• For an additional fee, delivery may be restricted to the addressee or
addressee's authorized agent. Advise the clerk or mark the malpiece with the
endorsement "Restricted De livery".
• If a postmark on the Certified Mail receipt is desired, DIease present the anti.
cle at the post office for postmarking. If a postmark on the Certified Mail
receipt is not needed, detach and affix label with postage and mail.
IMPORTANT: Save this receipt and Vresent It when making an Inquiry.
Internet access to delivery Information is not available on mail
addressed to APOs and FPOs.

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• 1
Postage $
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• Return Receipt Fee
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Restricted DeIHery Fee
_D
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rl
Total Postage It Fees 9
Postmark
Here
Gof o
sPecoM Mr. Andrew Soots
orPoBjNo.
crosreie;zd 503 College Street
N. Wilkesboro, NC 28697

Certified Mail Provides: • A mailing receipt eS-a a) ZOOZ WWOM u+wd Sd
■ A unique Identifier for your malpiece
■ A record of delivery kept by the Postal Service for two years
Important Reminders:
■ Certified Mal may ONLY be combined with First -Class Mail® or Priority Mail,
■ Certified Mail is nor available for any class of International mail.
• NO INSURANCE COVERAGE IS PROVIDED with Certified Mail. For
valuables, please consider Insured or Registered Mail,
• For an additional fee, a Return Receipl may be requested to rovide proof of
delivery. To obtain Return Receipt service, please complete anrPatiach a Return
Receipt (PS Form 3811) to the article and add applicable postage to cover the
fee. Endorse mailpiece "Return Receipt Requested'. To receive a fee waiver for
a duplicate return receipt, a USPS® postmark on your Certified Mail receipt is
required.
■ For an additional fee, delivery may be restricted to the addressee or
addressee's authorized agent. Advise the clerk or mark the mailpiece with the
endorsement 'Restricted Delivery'.
■ If a postmark on the Certified Mail receipt is desired, please present the arti-
cle at the post office for postmarking. If a postmark on the Certified Mah
receipt Is not needed, detach and affix label with postage and mail.
IMPORTANT: Save this receipt and Vresent it when making an inquiry.
Internet access to delivery information is not available on mail
addressed to APOs and FPO&.

-a
Sn=LijLLjL;Lpj
rurU
N
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N
D
Ul
ra Postage
$
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O
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_A (Endorsement Required)
ra
ra Total Postage " '---
d•
Ln Mr. Andrewo �Sentlro
No College
Poe `rm' North Wilke
28697•0
6 m

Certified Mail Provides a=�ealzroz aver ooee vaaj sa
■ A mailing receipt
■ A unique Identifier for your mallpiece
■ A record of delivery kept by the Postal Service for two years
Important Reminders:
■ Certified Mail may ONLY be combined with First -Class Maile or Priority Mail,
■ Certified Mail Is not available for any class of international mall.
■ NO INSURANCE COVERAGE IS PROVIDED with Certified Mail. For
valuables, please consider Insured or Registered Mail.
■ For an additional fee, a Return Receipt may be requested to provide proof of
delivery. To obtain Rehm Receipt service, please complete antl attach a Rehm
Receipt (PS Form 3811) to the article and add applicable postage to cover the
fee. Endorse mailpiece "Retum Reoeipt Requested". To receive a fee waiver for
a duplicate return receipt, a USPSe postmark on your Certified Mail receipt is
required.
■ For an additional fee, delivery may be restricted to the addressee or
addressee's authorized agant. Advise the clerk or mark the maiipiece with the
endorsement "ResMcted Delivery°.
• If a postmark on the Certified Mail receipt is desired, please present the arti-
cle at the post office for postmarking. If a postmark on the Certified Mail
receipt Is not needed, detach and affix label with postage and mail.
IMPORANT: Save this receipt and present it when making an Inquiry.
Interne access to delivery Information is not available on mail
addressed to AM and FPOs.

U.S. Postal Servicer ,
CERTIFIED MAIL,., RECEIPT
(Domestic Mail Only; No Insurance Coverage
information visit our website at
PS Form 3800, Jun. 21)0? See Reverse for Instructions