05-46C Ballard

��' A
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
May 16, 2006
Jerry Ballard & Associates, LLC
P O Drawer 1-497
Morehead City, NC 28557
LSB /-- MTT
TB _ RB
RB
RE: Payment of Proposed Penalty for Violations of the Coastal Area Management Act,
Committed in Carteret County
CAMA Violation #0546C
Dear Mr. Ballard:
This letter will acknowledge receipt of your check #3154, in the amount of $350.00, and dated
May 14, 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].
Sincerely,
Tere Barrett
District Manager
cc: Roy Brownlow, Compliance Coordinator
Ted Tyndall, Asst. Director
Ryan Davenport, Coastal Management Rep.
Mickey Sugg, COE
400 Commerce Avenue, Morehead City, North Carolina 28557
Phone: [phone] \ FAX: [phone] \ Internet: www.nccoastaimanagement.net
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1
1,
JERRY BALLARD & ASSOCIATES, LLC MAY 1 h MAI
Post Office Drawer 1497
Morehead City, North Carolina 28557 Morehead City D CM
Telephone [phone]/Toll Free: 888-765-5400
Telefax 252-727-5400
Jerry L. Ballard, Owner
May 15th, 2006
website: www.nchealthplans.com
Email: [e-mail]
J" LSB MTB 1 T
RB RB
NC Department of Environment & Natural Resources
Division of Coastal Management
151-B Hwy 24, Hestron Place II
Morehead City, N. C. 28557
Re: Spooner's Creek North Marina
Jerry L. Ballard/Donnie Parrott
Att: Ted Tindell/Mr. Brownlow
Dear Mr. Tindell:
Please find enclosed the executed Agreement to Pay Proposed Civil
Assessment, signed by myself and Donnie Parrott. Per your
instructions, we are enclosing both of these agreements as well as
our check in the amount of $350.00 which is the combined fine for
both violations. You indicated once you got these items, you would
adjust the records to reflect one combined fine.
We really appreciate you working with us and the consideration you
gave concerning the fine. If you need additional information,
please do not hesitate to call.
Very truly yours,
J eryL.B rd
JLB/
Enclosures
CC: Donnie Parrott

Mr. Jerry Ballard
May 2, 2006
Page 3 of 3
CAMA VIOLATION #05.46C
MAY 1 6 2006
AGREEMENT TO PAY PROPOSED CIVIL ASSESSMENT, ehead City ®CM
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 within Spooner's Creek at the Spooner's Creek
North HOA Marina Community property, Morehead City, 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 12/21/05, and agree to pay the civil assessment of $350.00.
-IV-off
DATE
AD RESS
Ore km d C�i;%„ hCam
(o
TELEPHONE NUMBER
151-8 Hwy. 24, Hestron Plaza II, Morehead City, North Carolina 28557
Phone: [phone] FAX: [phone] Internet: www.nccoastalmanagement.net
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Mr'Donald Parrott
May 2, 2046
Page 3 of 3
CAMA VIOLATION #06.08C RPM
w.
Mr. Donald Parrott 'AAY 1 6 2006
AGREEMENT TO PAY PROPOSED CIVIL ASSESSMENT
Morehead City ®CM
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 seq. This violation was committed adjacent to the Spooner's Creek
North Community Marine within Spooner's Creek, adjacent to the HOA property at the end of Henson Court in
Morehead City, 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
March 28, 2006, and agree to pay the proposed civil assessment of $350.00.
DATE
OAP_
SIGNATURE
!OS Sam cr
ADDRESS
Ce
a �a -7s6 - / �'83
TELEPHONE NUMBER
400 Commerce Avenue, Morehead City, North Carolina 28557
Phone: [phone] FAX: [phone] Internet: www.necoastalmanagement.net
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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
May 12, 2006
Mr. Jerry Ballard LSB VITT
P.O. Box 1497 TB R RB
Morehead City, INC 28557 -t RB
RE: CAMA Major Violation Cases #06.08C and #05-46C
Dear Mr. Ballard
This letter is in reference to the Notice of CAMA Violation sent to you by Coastal Management Representative Ryan
Davenport dated 22 December 2006 (case no. 0545C) and to Mr. Donald Parrott (case no. 06-08C) for the
installation of unauthorized boatlifts within the Estuarine Waters and Public Trust Areas of Environmental Concern
(AEC). The activity took place within Spooners Creek Homeowners Association common area, in Spooners Creek,
Morehead City, Carteret County, North Carolina.
Pursuant to a phone conversation between Mrs. Cathy Ballard and Assistant Director Ted Tyndall on 11 May 2006, it
appears you have accepted responsibility for the unauthorized activity cited in Mr. Panott's Notice of Violation. Based
on this information and after further consultation with the Division of Coastal Management staff, it is our determination
that Mr. Parrott's Notice of Violation (06-08C) be combined with yours and served as one Notice of Violation under
0545C for both unauthorized boatlifts.
Please be advised that this determination only applies to the activity as described herein and is not dismissing any
CAMA violation that has been cited for in either case. Any other work you propose within the Estuarine Waters and
Public Trust Area AEC will require an evaluation by this office for any CAMA Permit requirements before
commencing work.
Therefore, the proposed civil penalty amount of $350.00 in the 02 May 2006 letter to you is applicable. In order to
resolve this matter with no further action or expense on your part, you may sign the "Agreement to Pay Proposed
Civil Assessment" and submit with it a check for $350.00 payable to NCDENR for the proposed civil assessment.
Upon receipt of the check for this amount, this case will be closed.
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, DCM
Cc: Ted Tyndall, Assistant Director, DCM
Roy Brownlow, Compliance Coordinator, DCM
Ryan Davenport, Coastal Management Representative, DCM
Donald Parrott
400 Commerce Avenue, Morehead City, North Carolina 28557
Phone: [phone] FAX: [phone] Internet: www.nccoastalmanagement.net
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North Carolina
Michael F. Easley, Governor
Mr. Donald Parrott
105 Sarah Court
Morehead City, NC 28557
PIMA
NCDENR
Department of Environment and Natural Resources
Division of Coastal Management
Charles S. Jones, Director William G. Ross Jr., Secretary
May 12, 2006
RE: CAMA Major Violation Cases #06-08C and #05-46C
Dear Mr. Parrott:
MTT
—RB
This letter is in reference to the Notice of CAMA Violation sent to you by Coastal Management Representative Ryan
Davenport dated 28 March 2006 (case no. 06-08C) for the installation of an unauthorized boatlift within the Estuarine
Waters and Public Trust Areas of Environmental Concern (AEC). The activity took place within Spooners Creek
Homeowners Association common area, in Spooners Creek, Morehead City, Carteret County, North Carolina.
Mr. Jerry Ballard (CAMA Major violation case no. 05-46C) has accepted responsibility for the aforementioned
violation. Based on this information and after further consultation with the Division of Coastal Management staff, it is
our determination that your Notice of Violation (06-08C) be combined with Mr. Ballard's and served as one Notice of
Violation under 05.45C for both unauthorized boatlifts.
Please be advised that this determination only applies to the activity as described herein and is not dismissing any
CAMA violation that has been cited in case no. 06-08C. Any other work you propose within the Estuarine Waters
and Public Trust Area AEC will require an evaluation by this office for any CAMA Permit requirements before
commencing work.
Therefore, the proposed civil penalty amount of $350.00 in the 02 May 2006 letter to you is rescinded. In order to
resolve this matter with no further action or expense on your part, Mr. Ballard may sign the "Agreement to Pay
Proposed Civil Assessment" and submit with it a check for $350.00 for the proposed civil assessment. Upon receipt
.of his check, this case will be closed.
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,
-A
Tere Barrett
District Manager, DCM
Cc: Ted Tyndall, Assistant Director, DCM
Roy Brownlow, Compliance Coordinator, DCM
Ryan Davenport, Coastal Management Representative, DCM
Mr. Jerry Ballard
400 Commerce Avenue, Morehead City, North Carolina 28557
Phone: [phone] FAX: [phone] Internet: www.nccoastalmanagement.net
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Combining violaton
Subject: Combining violation
From: Roy Brownlow <Roy. [e-mail]>
Date: Mon, 15 May 200610:43:36 -0400
To: Ronda Bennett <Ronda. Bennett@ncmail. net>,
Hope this finds you well.
Lowana Barrett <Lowana. Barrett@ncmail. net>
We are combining CAMA Violation #06-08C Parrott with case no. #05-46C. Please delete Parrott's name from the
log and database and in his place put Jerry Ballard. Ballard is responsible for both violations - 06-08C and 05-45C.
Ballard will be assessed only one penalty for both violations since we are combining them. In the log book, you may
cross reference 06-08C to 05-45C.
Thanks,
Roy
1 of 1 5/15/2006 10:44 AM

Davit on Spoonees Creek HOA dock
Subject: Davit on Spooner's Creek HOA dock
From: 'Ted.Tyndall' <[e-mail]>
Date: Thu, 11 May 200616:49:51 -0400
To: Ryan Davenport <[e-mail]>, Tere Barrett <Tere. Barrett@ncmail. net>, Roy Brownlow
<Roy. Brownlow@ncmail. net>
Ryan - Mrs. Ballard has informed me that there is a davit on the subject dock but it is used to raise the bait tank that
is stored under the dock to get the bait out. Although it is similar to a small jetski lift, I believe Mrs. Ballard and after
all we have been through on this situation, you can rest assured that the neighbors and the Association will not let
another slip or boatlift be installed. Therefore, we do not need to consider this a slip or expansion of the dock ... but
just an amenity like a sink or gazebo. Thanks, Ted T.
M. Ted Tyndall, Assistant Director
C Division of Coastal Mana ement
00 Commerce Ave.
Morehead City, NC 28557
252) 808-2808 FAX [phone]
1 of 1 5/11/2006 4:55 PM

i
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
May 2, 2006
CERTIFIED MAIL LSB MTT
RETURN RECEIPT REQUESTED TB (L RB
Mr. Jerry Ballard RB
PO Box 1497
Morehead City, NC 28557
RE. CAMA VIOLATION #05-46C
SECOND NOTICE OFASSESSMENT
Dear Mr. Ballard:
This letter is in reference to the previous Notice of Assessment dated 12/22/05 for the Notice of Violation
sent to you dated 12/21/05, for the unauthorized installation of a boatlift adjacent to the community marina
of the Spooner's Creek North HOA. The marina is located at the end of Henson Drive in the subdivision of
Spooner's Creek North, Morehead City, Carteret County. The violation involved the Estuarine Waters and
Public Trust Area AEC's, which are Areas of Environmental Concern designated by the Coastal Resources
Commission.
The Coastal Area Management Act provides that a civil assessment of up to $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. 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
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Mr. Jerry Ballard
May 2, 2006
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: Ted Tyndall, Assistant Director, DCM
Roy Brownlow, Compliance and Enforcement Coordinator, DCM
Ryan Davenport, Coastal Management Representative, DCM
400 Commerce Ave, Morehead City, North Carolina 28557
Phone: [phone]FAX: [phone]lntemet: www.necoastaimanagement.net
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UNITED STATES�POSTALOCRe10E• ON ��-
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• Sender: Please print your name, address, and ZIP+4 in this box
N.C. Division of Coastal Management
Ore Morehead
WMAY
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Mr. Jerry Ballard
P O Box 1497
Morehead City, NC 28557
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Mr. Jerry Ballard
May 2, 2006
Page 3 of 3
CAMA VIOLATION #05.46C
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 within Spooner's Creek at the Spooner's Creek
North HOA Marina Community property, Morehead City, 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 12/21/05, and agree to pay the civil assessment of $350.00.
DATE
SIGNATURE
ADDRESS
TELEPHONE NUMBER
151-B Hwy. 24, Hestron Plaza II, Morehead City, North Carolina 28557
Phone: [phone] FAX: [phone] Internet: www.nccoastalmanagement.net
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A
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
May 2, 2006
CERTIFIED MAIL
RETURN RECEIPT REQUESTED
Mr: Jerry Ballard
PO Box 1497
Morehead City, NC 28557
RE. CAMA VIOLATION #05-46C
SECOND NOTICE OFASSESSMENT
Dear Mr. Ballard:
This letter is in reference to the previous Notice of Assessment dated 12/22/05 for the Notice of Violation
sent to you dated 12/21/05, for the unauthorized installation of a boatlift adjacent to the community marina
of the Spooner's Creek North HOA. The marina is located at the end of Henson Drive in the subdivision of
Spooner's Creek North, Morehead City, Carteret County. The violation involved the Estuarine Waters and
Public Trust Area AEC's, which are Areas of Environmental Concern designated by the Coastal Resources
Commission.
The Coastal Area Management Act provides that a civil assessment of up to $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. 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.nccoastalmanagement.net
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Mr. Jerry Ballard
May 2, 2006
Page 2 of 3
k
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,
J,tL44-
Tere Barrett
District Manager, MHC DCM
cc: Ted Tyndall, Assistant Director, DCM
Roy Brownlow, Compliance and Enforcement Coordinator, DCM
Ryan Davenport, Coastal Management Representative, DCM
400 Commerce Ave, Morehead City, North Carolina 28557
Phone: [phone] \ FAX: [phone] \ Internet: www.ncooastaimanagement.net
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Mr. Jerry Ballard
May 2, 2006
Page 3 of 3
CAMA VIOLATION #05.46C
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 within Spooner's Creek at the Spooner's Creek
North HOA Marina Community property, Morehead City, 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 12/21/05, and agree to pay the civil assessment of $350.00.
DATE
SIGNATURE
ADDRESS
TELEPHONE NUMBER
151-B Hwy. 24, Hestron Plaza II, Morehead City, North Carolina 28557
Phone: [phone] FAX: [phone] Internet: www.nccoastalmanagement.net
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PIMA
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
December 21, 2005 ILLSB
11 TB _2,,gB
CERTIFIED MAIL MTT
RETURN RECEIPT REQUESTED
Jerry Ballard
PO Box 1497
Morehead City, NC 28557
RE: NOTICE OF VIOLATION AND REQUEST TO CEASE UNAUTHORIZED DEVELOPMENT
CAMA VIOLATION #05-46C
Dear Mr. Ballard:
This letter confirms that on December 1, 2005, 1 was onsite at Spooners Creek HOA's property located at
the end of Henson Rd. adjacent to Spooners Creek located in or near Morehead City, off Hyw. 24, Carteret
County, North Carolina. The purpose of the visit was to investigate unauthorized placement of a boat lift
within Spooners Creek.
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 placement of a boat
lift at the end of the western dock on the aforementioned property. This activity took place in Estuarine
Waters and Public Trust Areas that are contiguous with Spooners Creek. Estuarine Waters and Public
Trust Areas are designated as Areas of Environmental Concern (AEC). No 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.
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 not to
exceed $2,500 against all violations of this type. This is done to recoup some of the costs of investigating
violations and/or to compensate the public for any damage to its natural resources. Whether a higher
400 Commerce Avenue, Morehead City, North Carolina 28557
Phone: [phone] \ FAX: [phone] \ Internet: www.nccoastalmanagement.net
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Jerry Ballard
December 21, 2005
Page 2 of 2
amount will be assessed depends on several factors, including the nature and area of the resources that
were affected and the extent of the damage to them.
Thank you for your time and cooperation in resolving this important matter. If you have any questions
about this or related matters, please call me at [phone]. Upon my submission of an enforcement
report to the District Manager, you will be notified as to the amount of a civil assessment for undertaking
development without first obtaining the proper permit.
The relevant statutes and regulations are available from this office, and I am willing to assist you in
complying with the requirements of these laws. A site inspection will be made in the near future to
determine whether this REQUEST TO CEASE AND DESIST has been complied with. I request that you
contact me immediately about these important matters.
Sincerely,
Ryan Davenport
Coastal Management Representative
Cc: Ted Tyndall, Assistant Director, DCM
Tere Barrett, District Manager, DCM
Roy Brownlow, Compliance Coordinator, DCM
ENCLOSURE
400 Commerce Avenue, Morehead City, North Carolina 28557
Phone: [phone] \ FAX: [phone] \ Internet: www.nccoastalmanagement.net
It
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DCMnENFORCEMENT
IV//a-l0t4tet�po� SEJ
suer
Field Rep.
LPO El/�,
LPJ / ` C
TRACKING REPORT
Violation Base No. OS--16
A B C D
Violated Permit r
(inapplicable)
Violation Descripti in I
(j Was activity per/mittable? Yes// No
Initial Discovery Date f Fi� Discovery Method ! f � 7 y"V L9 P"1yK_w I
Violation Description -t t "ttrl u� �L l o s% e5 CS.Uo C q%fsoi
Respondent Information Prior V, lations in same AEC: Yes Calf' Number -01
Respondent Nam s) Jt✓Mu /a �9�'a1 ^ '' )
Address �� Ap ! ! / City _� Staters Zip FT
Phone #— __-_._— _ _ _ —___. Fax #
Violation Type: Project Type: Authorizations Required: Site Visits Respondent Site Visits Respondent
>lo Permit vorPrivate/Community .V+Major ❑ cAMA Present Present
Permit Condition ❑ Govt./Public ❑ Minor
❑ D&F f 0 t ❑ ❑
Expired Permit ❑ Commercial ❑ General ❑ — ❑
InconsistentwlRules ------ ❑ — -_--- ❑
Violation Location and Site Description
Rover File
Project Location: County r 44 4 Shoreline Length G U
Street Add/,F,x e 4 d/ JJv
d( Crr
ZIP 941r7
Phone# () River
Adj. Wtr. Body Cif ee t /unkn)
Closest Maj. Wtr. Body r�]OGLf ou.
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 Willfullintent.
Continuing
Other
SAV: Not Sure
Yes
0
Sandbags: Not Sure
Ves
C]9fC
PNA:
Yes
® Adjacent
ORW:
Yes
® Adjacent
Crit. Hab.
Yes't
Photos
&
V
No
Waiver Waiver Required
Yes
V
In DWQ Buffer Area
Yes
Specify DWQ Buffer if applicable:
Extension Granted Yes
Restoration Letter
Acceptance Date
No
71.0409 Ref.
Recomm. Assess.
DCM Assess.
f
f
f
f
f
f
S
f
Total

U
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
1_1 Penalty modified
Date sent to AG ❑ Responciant not responsive to penalty/NOV ❑ Injunction to complete restoration
Date Collection Let. Sent Date Demand Let. Sent..__
Violation Activities and Impacts
AECs Affected: Wetlands Impacted? Yes 141�- If yes, which types:
CW ! ES PTS
EW PTA
OEA ISA DS Cl SY JR LS TY
PWS: FC: SS SC SP IF BF 404
Other:
Restoration Required by the Respondent Yes / No
Dimensions in excess
of permit/ unauthorized activities
Dimensions to restore
Final dimensions
al lowetl
Actually res[oretl
i
Development Activities
0 1 >
_. .L_
lr
I
Habitat Description
NOTES:
Closing
Payment Received S Data Date Case Closed

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• Sender: Please print your name, address, and ZIP+4 in this box
N.C. Division of Coastal Management
400 Commerce Avenue
Morehead City, N.C. 28557
808-2808
semnuuumunm�tunrm�nma�m�uumua

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Or on the front if space permits. '
1. Article Addressed to:
Jerry Ballard
P O Box 1497
Morehead City, NC 28557
2. Article Number
(ranter from service law
PS Form 3811, February 2004
D. Is delijlfy ladre9s dirreFentTrMllti, pd.�.7 {'�.10
ifYEdienter deliv"address below. j El\ji�',1�jJl�,
1Q1✓
o E C 2 7 2005
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7005 1160 0003 1594 2110
Domestic Return Receipt
102595-02-M-1540

NCDENR
North Carolina Department of Environn ont and Natural Resources
Division of Coastal Management
Michael F. Easley, Governor
CERTIFIED MAIL
RETURN RECEIPT REQUESTED
Mr. Jerry Ballard
PO Box 1497
Morehead City, NC 28557
RE: CAMA VIOLATION #05-46C
Dear Mr. Page:
Charles S. Jones, Director
December 22, 2005
William G. Ross Jr., Secretary
IIII-RB
IPJB
MTT
This letter is in reference to the Notice of Violation dated 12/21/05 that Ryan Davenport, Coastal Management
Representative for the Division of Coastal Management, issued to you for the installation of a boatlift adjacent
to the community marina of the Spooners Creek North HOA. The marina is located at the end of Henson Drive
in the subdivision of Spooner's Creek North, Morehead City, Carteret County. The violation involved the
Estuarine Waters and Public Trust Area AEC's, which are Areas of Environmental Concern designated by the
Coastal Resources Commission.
The Coastal Area Management Act provides that a civil assessment of up to $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.necoastalmanagement.net
An Equal opportunity 1 Affirmative Action Employer— 50% Recycled 110% Post Consumer Paper

Mr. Jerry Ballard
December 22, 2005
Page 2 of 2
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,
9- W4-��
Tere Barrett, District Manager, MHC
Division of Coastal Management
Enclosures
cc: Ted Tyndall, Assistant Director, DCM
Roy Brownlow, Compliance Coordinator, DCM
Ryan Davenport, Coastal Management Representative, DCM
Henry Wicker, USACE
400 Commerce Avenue, Morehead City, North Carolina 28557
Phone: [phone] FAX: [phone] Internet: www.nccoastalmanagement.net
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ciy, sreia; P O Box 1497 ---
Morehead Cit NC 28557

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N.C. Division of Coastal Management
400 Commerce Avenue
Morehead City, N.C. 28557
808-2808
nmmmmmHnn MIMMmne 111m 1r ff

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1. Ankle Addressed to:
Mr. Jerry Ballard
P O Box 1497
Morehead City, NC 28557
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811. February 2004 Domestic Return Reoelpt 102595-02-A41540

Mr. Jerry Ballard
December 22, 2005
Page 3 of 3
CAMA VIOLATION #05.46C
Jerry Ballard
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 seq, committed on or near the property of Spooner's Creek North HOA,
located at the end of Henson Drive in Morehead City, 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 12/21 /05, and agree to pay the proposed civil assessment of $350.00.
DATE
SIGNATURE
ADDRESS
TELEPHONE NUMBER
1
400 Commerce Avenue, Morehead City, North Carolina 28557
Phone: [phone] FAX: [phone] Internet: www.nccoastaimanagement.net
An Equal Opportunity1 Affirmative Action Employer — 50% Recycled 110% Post Consumer Paper

4
DCM ENFORCEMENT TRACKING REPORT
Issuer
Field Rep. ���" ] Violation Base No. �S ��
---
-PO— r7 (
C Violated Permit No.
LPl_-_ �._ (ifappilcabie)
Violation Descripti�
Initial Discovery Date Discovery Method
Violation Description iT
Was activity permittable? Yes
I�oIy✓,UC, PA,,,-. /G
Respondent Information -7 Prior Viglations in same AEC: Yes
Respondent Nam s) 741 a^ I n'
Address 0o &A I (T / City _L
Phone
Email
Fax #
Violation Type: Project Type: Authorizations Required:
qlo Permit ?11Private/Community ..-Major ❑ CAMA
Q-Permit Condition ❑ Govt./Public ❑Minor ❑ D&F
❑ mired Permit ❑ Commercial ❑ General
._....,....... Inconsistent wl Rules
Violation Location and Site+ Description
Project Location: County C 'Q
Street Address/ St to Road/ Lot
,.� "t U,
City /- I YI L ZIP ,-a r t
Phone # (_)�3` River Basin 4./4;1-e
Adj. Wtr. Body -CVl n nA fn C/ ee _Cmao
ng /unkn)
Closest Maj. Wtr. Body hc_%Uu.4 __
Restoration
NOV Date
CNOV Date
Initial Rep. Comp. Date
Date Comp. Observed
Penalty Assessment
Sent to Respondent Date 1 Of
Rcvd. by Dist. Mgr. Date
Assessment Extended Yes No
App./Permit Fee
Penalty
Willful/Intent.
Continuing
Other
Site Visits Respondent Site Visits Respondent
Present Present
❑ _ -- ❑
T ❑ ❑
- - -- ❑ — ❑
Rover File
Shoreline Length
SAV:
Not Sure Yes
Sandbags:
Not Sure Yes
fl 0
PNA:
Yes
1� Adjacent
ORW
Yes
® Adjacent
Crit. Hab.
Yes
Photos
(9
V
No
Waiver Required
Ye
to
In DWQ Buffer Area Yes
Specify DWQ Buffer if applicable:
Extension Granted Yes No
Restoration Letter
Acceptance Date
71.0409 Ref.
Re omm. Assess.
922
DCM Assess.
$
$ O D ''
$
E
S
S
S
S
S
Total

9
Formal Assessments, Appeals and Reductions
Date Long Form Submitted - Assessment Appealed Yes No
Date Formal CPA Submitted __._—
❑ Penalty modified
Final Assessment S Dafa _-
Attorney General's Office for Injunction or Formal Collection
Date sent to AG ❑ Respondent not responsive to penaltylNOV ❑ Injunction to complete restoration
Date Collection -Let. Sent . Date Demand Let. Sent_-
Violation Activities and Impacts
AECs Affected: - Wetlands Impacted? Yes ! NN i ,.If yes, which types:
CW EW P�TAA ES PTS -
-. OEA F �7fl `SA DS' CJ ' SY 1R LS TY
SS SC. IF BF
;.
Other:
Restoration Required by the Respondent Yes / No
NOTES:
Closing
Payment Received S Date Date Case Closed

21-Dec-05 NC DIVISION OF COASTAL MANAGEMENT ENFORCEMENT RECORD
CASE NUMBER LAST NAME
O FIRST NAME BUSINESS NAME:
OSdSC ISALLARD JERRY
0 CASE IS CLOSED'
Previous Violations in Same
❑ AEC for Similar Acffvifiaa
NOV DATE CLOSURE DATE Elapsed Days
AFFLILIATION SECTOR
12/21/2005
1
RESPONSIBLE AGENT 1PRIVATE
MAILING ADDRESS
CITY
STATE ZIP CODE PHONE NUMBER
POB 1497
MOREW CIT
NC 20557- F_
PROPERTY ADDRESS
COMMUNITY
WATERBODY NEAREST ROAD
SPOONERS CREEK COMM
IMOREHEAD CITY ISPOONERS CREEK rs
DISTRICT OFFICE COUNTY DCM REPRESENTATIVE LPO CONTACT
MHCDO ICARTERET .DAVENPORT
VIOLATION TYPE AFFE D AEC(S). ❑ CW R1 EW © PTA ❑ ES ❑ PTS
MAJOR CAMA ❑ OEA ❑ HHFA ❑ IHA ❑ PWS ❑ NCRA',
NATURE OF VIOLATION AEC DESCRIPTION
Uunathorized major development by constructing a boat lift within EW and PTA AECs in Spooners Creek
contiguous with Bogue Sound.
RESTORATION STATUS RESTORATION REQUEST DATE rC--OMPL�ETION DATE
I I
[ J 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
h!j RESTORATION PENDING INJUNCTION REFER DATE: I
❑ REFERRED TO AG'S OFFICE - COLLECTION
COLLECTION REQUEST DATE: I
STATUS �PENAITY
ASSESSMENT DATE PENALTY AMOUNT COLLECTION DATE AMOUNT COLLECTED
1
❑ 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
SETTLED, AGREED UPON. STIPULATED PENALTY I SETTLEMENT DATE
❑ UNCOLLECTIBLE PENALTY I UNCOLLECTIBLE DETERMINATION DATE
Violations Involving Adversely Impacted Resources
AMOUNT OF ADVERSELY DISTURBED AREA (SQ. FT.)
AMOUNT OF RESTORED AREA (SQ. FT)
NOTES
�& &W �e vo, ©�-- L(5�' S14ko-� ew",

17-May-06 NC DIVISION OF COASTAL MANAGEMENT ENFORCEMENT RECORD
CASE. : CASE NUMBER LAST NAME
FIRST NAME BUSINESS NAME:
0 777—c BALLARD PERRY
* CASE IS CLOSED Previous Violations in Same
NOV DATE CLOSURE DATE Elapsed Days AFFLILIATION SECTOR ❑ AEC for Similar Activities
12/21/2005 ++ 146 IRESPONSIBLE AGENT 1PRIVATE
MAILING ADDRESS
CITY STATE
ZIP CODE PHONE NUMBER
POB 1497
IMOREHEAD CIT NC
28557-
PROPERTY ADDRESS
COMMUNITY
WATERBODY NEAREST ROAD
SPOONERS CREEK COMM
JMOREHEAD CITY
ISPOONERS CREEK �—
DISTRICT OFFICE COUNTY DCM REPRESENTATIVE LPO CONTACT
MHCDO ICARTERET JDAVENPORT 1
VIOLATION TYPE
AFFECTEDAEC(S)
❑ CW
R] EW
PPTA
LIES
❑ PTS
MAJOR LAMA
❑ OEA
❑ HHFA
❑ IHA
❑ PWS
❑ NCRA
NATURE OF VIOLATION
AEC DESCRIPTION
Id major development by constructing a boat lift within
with Bogue Sound.
RESTORATION STATUS
�] RESTORATION NOT REQUIRED - CONTRACTOR
RESTORATION NOT REQUIRED - PERMITTABLE DEVELOPMENT
❑ RESTORATION NOT REQUIRED - FURTHER IMPACTS
❑ RESTORATION PENDING
and PTA AECs in
RESTORATION REQUEST DATE
I
Creek
COMPLETION DATE
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: I
PENALTY STATUS.
ASSESSMENT DATE PENALTY AMOUNT COLLECTION DATE AMOUNT COLLECTED
12/22/2005 $350 5/16/2006 $350
I
© PENALTY ISSUED
❑ WILLFUL & INTENTIONAL PENALTY (MIN. OR DOUBLED)
❑ PENALTY NOT ISSUED
❑ CNOV ISSUED F_CNOV DATE
❑ CONRACTOR'S FIRST OFFENSE
❑ PENALTY APPEALED I APPEAL DATE
❑ FORMAL CPA ISSUED F FORMAL CPA DATE
❑ SETTLED. AGREED UPON, STIPULATED PENALTY F—SETTLEMENT DATE
❑ UNCOLLECTIBLE PENALTY 1 UNCOLLECTIBLE DETERMINATION DATE
Violations Involving Adversely Impacted Resources
AMOUNT OF ADVERSELY DISTURBED AREA (SQ. FT.)
AMOUNT OF RESTORED AREA (SO. FT) r`
NOTES
related case no. 06-08C Parrott: now combined with this NOV issued to Ballard. Case no. 06-08C is
bined with this violation case (05-46C) as Ballard has accepted responsibility for both and is fined under one
no. 05-46C. Both issued to Ballard, not Donald Parrott.

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Ln
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m
CeNfled Fee
p
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O
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p
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u7
O
r -s Mr. Jerry Ballard -------------
P O Box 1497 ....... _......
` Morehead City, NC 28557
:rr r