10-03C TJ Davis Jr General Contracting

North Carolina
Beverly Eaves Perdue, Governor
November 1, 2010
TJ Davis Jr.
General Contracting Inc.
4068 D Arendell Street
Morehead City, NC 28557
���
NCDENR
Department of Environment and Natural
Division of Coastal Management
James H. Gregson, Director
Resources
Dee Freeman, Secretary
RE: Payment of Proposed Penalty for Violations of the Coastal Area Management Act,
Committed in Carteret County
CAMA Violation # 10-03C
Dear Mr. Davis:
This letter will acknowledge receipt of your Check # 16227, in the amount of $527.00, and dated
10-26-2010. 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].
Sincerely,
YoyB '
Compliance Coordinator
RB/Isb
cc: Ted Tyndall, Asst, JIMWf
Ryan Davenport, Compliance Field Coordinator
400 Commerce Avenue, Morehead City, North Carolina 28557
Phone: [phone] FAX: [phone] Internet: www.n=astaimanagement.net
An Equal Opportunity 1 Affirmative Action Employer — 50% Recycled 110% Post Consumer Paper

T.J. Davis Jr., General Contracting, Inc.
c/o Mr. Tom Davis RECEIVED
October 13, 2010
Page 3 NOV 12010
CAMA VIOLATION #10-03C MoreneadCity 0CM
T.J. Davis Jr., General Contracting, Inc.
c/o Mr. Tom Davis
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 and investigative costs in the amount of $527 against T.J. Davis Jr., General Contracting, Inc.
for violation of the Coastal Area Management Act, NCGS 113A-100 et sec, committed on or near property 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 February 12, 2010, and
agree to pay the proposed civil assessment of $527.
io 2,9 1 (0
DATE
SIGNAT E
�+o - D 7AIQ CV) Ac. I 1 ��
ADDRESS
►`��o�ehea� �t�, Q zg&W
2S2 - 2M0 -Obi( L
TELEPHONE NUMBER
400 Commerce Avenue, Morehead City, North Carolina 28557 One
Phone: [phone] FAX: [phone] Internet: www.nccoastalmanagement.net N%orthCarofiina
An Equal Opportunity 1 Affirmative Action Employer- 50% Recycled 110% Post Consumer Paper Naturally aturall y

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tom"
AMA
NCDENR
North Carolina Department of Environment and Natural Resources
Division of Coastal Management
Beverly Eaves Perdue, Governor James H. Gregson, Director Dee Freeman, Secretary
NOTICE OF VIOLATION
February 12, 2010
CERTIFIED MAIL 7007 3020 0001 9679 6012
RETURN RECEIPT REQUESTED
TJ Davis Construction
c/o Tom Davis
4068-D Arendell Street
Morehead City, NC 28557
RE, NOTICE OF VIOLATION AND REQUEST TO CEASE UNAUTHORIZED DEVELOPMENT
CAMA VIOLATION #10-03C
Dear Mr: Davis:
This letter is in reference to my February 11, 2010 visit onsite Mark Sammartino's property off Garbacon
Drive, adjacent to Adams Creek, at or near Merrimon in Carteret County, North Carolina. The purpose of
the onsite visit was to monitor General Permit No. 53078C issued on January 27, 2009 at the
aforementioned property.
Information gathered by me for the Division of Coastal Management indicates that your actions as
contractor for Mark Sammartino are 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 pursuant to
the North Carolina General Statutes (N.C.G.S.) 113A-118.
I have information that indicates you have undertaken or are legally responsible for the unauthorized
installation of a wooden ramp and platform adjoining the pier on the aforementioned property. This activity
took place in Coastal Wetlands that are contiguous with Adams Creek. Coastal Wetland areas are
designated as Areas of Environmental Concern (AEC). Based on these findings, I am initiating an
enforcement action by issuing this Notice of Violation for violation of the Coastal Area Management Act.
:r
I request that you immediately CEASE AND DESIST any further development and contact me about this
matter. A civil assessment of up to $10,000 plus investigative costs may be assessed against any violator.
Each day that the development described in this Notice is continued or repeated may constitute a separate
violation that is subject to an additional assessment of $10,000. An injunction or criminal penalty may also
be sought to enforce any violation in accordance with N.C.G.S. 113A-126.
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

Davis
February 12, 2010
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. Whether a higher amount will be assessed
will depend on 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 7J.0409(g)(4)(E), the policy of
the Coastal Resources Commission is to levy a civil assessment against contractors in addition to that
assessed against the landowner. Therefore, you should expect a civil assessment to be levied against you.
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 immediate 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,
m "S
Brad Connell
Coastal Management Representative
Cc: M. Ted Tyndall, Assistant Director, DCM
Tere Barrett, District Manager, DCM
Roy Brownlow, Compliance Coordinator, DCM
Anthony Scarbraugh, DWQ
Dave Timpy, USACE
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

■ Complete items 1, 2, and 3. Also complete
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Article Addressed to:
TJ Davis Construction
c/o Tom Davis
4068-D Arendell Street
Morehead City, INC 28557
A- Signature
X sr il� o Addresses
S. Received by (Printed Name) I C. 04 of Delivery
D. Is del" address dilfewd from item 19I U Yes
If YES, enter delivery address below: ❑ No
3. Sep,169 Type
El Certified Mail
❑ Mal
❑ Registered
Return Receipt for Merchandise
❑ Insured Mail
❑ C.O.D.
4. Restricted Deliverer (Ex6a Fee) ❑ yes
2. Article Number 7007 3020 0001 9679 6012
rrrensfer from service label)
PS Form
1, February 2004
Domestic Return Receipt
102595-02W-IW

UNI
NICI 2B:3
•'$ender. Please print your name, address, and ZIP+4WI
c U
a c o
N n
,C. o� Coastal ManuCem-
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4GG Commerce Avenue
LIJ Morehead City, WI.C. 28557
LL-
8C8-28G8

DCM ENFORCEMENT TRACKING REPORT
(� Ca
I/ Issu / 3
�1 Field Rep. +�� `-�J�i�! � Violation Base No. 1
_PO /a r-. ✓53®7$tom
Pi QtA/I-t-y Violated Permit No.
/ (if applicable)
Violation Descripti n Was activity perm table? Yes I No
Initial Discovery Date �� - Discoveryl(Vlethod` %��►� 1A--_G�
Violation Description
Respondent Inform-�o{n�,, Prio VViol t' ns i�me AEC: Yes /(N�/ Case Number -01
Respondent Names) 1sLd�X vt o "D t (Landowner gen Pontra��ctor)�
Address -tom City ow State Zi 2?
Phone # -© �✓� Fax #
Email _.
Violation Type: Projec e: Autho izations Req ' ed: Site Visits Respondent Site Visits Respondent
No Permit rivate/Community Major LAMA r Present Present
L 1 Permit Condition ❑ Govt./Public ❑ Minor „"D&F 1 C
N
red Permit U Commercial [� General
C
tnsistent wl Rules EJ ❑
Violation Location and Site Descrip 'o
Project Location: County _
Street Address/ State Road/ Lot #(s) 113Ce
ZIP
Phone # (_) iver Be Qom_
Adj. Wtr. Body okra)_
Closest Maj. Wtr. Body
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
Other
Rover File I-C�L.-7/`J 0A
Shoreline Length :2) 7
SAV:
Not Sure Yes
Sandbags:
Not Sure Yes
No
PNA:
Yes
No Adjacent
ORW:
Yes No Adjacent
Crit. Hab.
Photos
Yes
® No
Waiver Required Yes No
In DWQ Buffer Area Yes
N
Extension Granted Yes No
Restoration Letter
Acceptance Date
7J.0409 Ref.
Recomm. Assess.
DCM Assess.
O
$
S
$
S �
S
�a
Total

Formal Assessments, Appeals and Reductions
Date Long Form Submitted
Date Formal CPA Submitted
Final Assessment S -------Date
Attorney General's Office for Injunction or Formal Collection
Date sent to AG
Assessment Appealed Yes No
Penalty modified
Respondent not responsive to penalty/NOV I_'. Injunction to complete restoration
Date Collection Let. Sent Date Demand Let. Sent _— -- --
Violation Activities and Impacts
AECs d: Wetlands Impacted?6 / No If yes, which types:
CytPTA ES PTS DS CI SY IR LS TY
EA .rFlF IH SC SP 404
PWS: FC:
Other:
Restoration Required by the Respondent
Yes No
Dimensions In excess
of permit/ unauthorized activities
Dimensions to restore
Final dimensions
allowed
Actually restored
Development Activities
X
-- -
-
Habitat
escrlptlon
NOTES:
Closing
Payment Received $_— —__ _mate— Date Case Closed

3/16/2010•
North Carolina Secretary of State
North Carolina
(if
$. Elaine F Marshall DEPARTMENT OFTNE
Secretary SECRETARY OF STATE
PO Bus 2ae22 RaNayl. NC 2Ta260B22 (919),1107.200a
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Corporation Names
Name Name Type
NC T.J. DAVIS JR. GENERAL CONTRACTING, INC. Legal
Business Corporation Information
Sao s
Date Formed:
CMzenal
Sao of Inc:
Duration:
Registered Agent
Stock
Agent Name:
Regletered 0111ce Andrew:
Registered Mailing Andreas
Pdrldpal 011lce A ldrees
Principal Mailing Address
M26149
Curtent-Atilve
4rN2002
Domestic
NO
Perpetual
Hams, R. Andrew
304 North Win Street
Morehead City NO 28557
P.O. Boc 712
Morehead! Cary NO 28557
4058 D Arrirdell St
Morehead NO 28557
4008 D AnermUl St
Morehead NO 28557
Claw sNares Me Par Value
Gammon 100000 Yes
Par Value
WA
www.secretary.state.nc.us/.../Corp.asp... 1/1

■ 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:
T.J. Davis Jr., General Contracting, Inc.
C/o Mr. Tom Davis
4068-D Arendell Street
Morehead City, INC 28557
C. Date of Delivery
D. Is delivery address diBerent from item 17 ❑ Yes
If YES, enter delivery address below: ❑ No
3. Service Type
❑ Certified Mail
❑ Express Mail
❑ Registered
❑ Return Receipt for Merchandise
❑ Insured Mail
❑ C.O.D.
4. Restricted Delivery? Xxtra Fee) ❑ Yes
2. Article Number
(rransfer from senace noel) 7008 1830 aoao 733D 2187
PS Form 3811, February 2004 Domestic Return Receipt laM"2-tt-15401

UNITED STATES POSTAL SERVICE
• Sender: Please print your name,
to
N.C. Division of Coastal Management S
400 Commerce avenue
Morehead City, N.C. 28557
808-2808
t.•-., L•�IJLJ�,IJ��I�LI��FI��II,J,I„II;�II���I�f�J�L����lll

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TJ Davis Construction
c/o Tom Davis
4068-D Arendell Street _----__
Morehead City, NC 28557