08-34C Bogardus

ATA
NCDENR
North Carolina
Michael F. Easley, Goble w
December 8, 2008
Mr. Paul Bogardus
PO Box 67
Oriental, NC 28571
Department of Environment and Natural Resources
Division of Coastal Management
Jaws H.13 "son, DI1rDdOr Mam G. Ross Jr., Secretary
RE: Payment of Proposed Penalty for Violations of the Coastal Area Management Act,
Committed in Pamlico County
CAMA Violation # 08-34C
Dear Mr. Bogardus:
This letter will acknowledge receipt of your Check # 1270, in the amount of $454.00, and dated
Dec. 04,02008. 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
TB/Isb
cc: IRoy Brownlow, Compliance Coordinator
Wed Tyndall, Asst. Director
Brad Connell, Coastal Management Rep.
Ryan Davenport, Compliance Field Coordinator
400 Commerce Avenue, Morehead City, North Carolina 28557
Phone: [phone] \ FAX: [phone] \ Internet: hftp://dcm2.enr.state.nc.us
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Paullpgardus
C�bcember 1, 2008
'Page 3
CAMA VIOLATION #08.34C
PAUL BOGARDUS
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 $454 against me for violation of the Coastal Area Management Act, NCGS
113A-100 et sec, committed on or near Green's Creek near Oriental in Pamlico 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 October 21, 2008, and agree to pay the proposed civil
assessment of $454.
DEC 20D
DATE
ADDRESS
Or1eY)t4 /VG 2 g.;-7/
TELEPHONE NUMBER
400 Commerce Avenue, Morehead City, North Carolina 28557
Phone: [phone] FAX: [phone] Internet: www.nccoastaimanagement.net
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TMA
NCDENR
North Carolina Department of Environment and Natural Resources
Division of Coastal Management
Michael F. Easley, Governor James H. Gregson, Director William G. Ross Jr., Secretary
December 1, 2008
CERTIFIED MAIL 70051160 00031590 6907
RETURN RECEIPT REQUESTED
Mr. Paul Bogardus
6206 West Mainsail Point Road
Oriental, NC 28571
RE: CAMA VIOLATION #08-34C
Dear Mr. Bogardus:
This letter is in reference to the Notice of Violation dated October 21, 2008 that Barry Guthrie, Representative for
the Division of Coastal Management, issued to you for the unauthorized installation of a mooring buoy within
Green's Creek near Oriental, Pamlico County. The violation involved the Estuarine and Public Trust Waters,
which are Areas of Environmental Concern designated by the Coastal Resources Commission. Based upon the
site visit conducted on November 18, 2008 by Mr. Guthrie, the restoration requested appears to be complete to
the satisfaction of the Division of Coastal Management.
The Coastal Area Management Act provides that a civil assessment of up to $10,000 plus investigative costs may
be assessed for any violation. It is the policy of the Coastal Resources Commission to assess a civil penalty for
all violations in order to recover some of the costs of investigating violations and/or to compensate the public for
any damage to its natural resources.
Under the rules of the Coastal Resources Commission, a proposed civil penalty in the amount of $454 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 $454 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 settlement of the penalty.
400 Commerce Avenue, Morehead City, North Carolina 28557
Phone: [phone] FAX: [phone] Internet: www.nccoastaimanagement.net
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01
Paul Bogardus
December 1, 2008
Page 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,
Tere Barrett
District Manager, MHC
Division of Coastal Management
Enclosures
cc: M. Ted Tyndall, Assistant Director, DCM
Roy Brownlow, Compliance Coordinator, DCM
Barry Guthrie, Coastal Management Representative, DCM
400 Commerce Avenue, Morehead City, North Carolina 28557
Phone: [phone] FAX: [phone] Internet: www.nccoastalmanagement.net
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Paul Bogardus
December 1, 2008
Page 3
CAMA VIOLATION #08.34C
PAULBOGARDUS
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 $454 against me for violation of the Coastal Area Management Act, NCGS
113A-100 et sec, committed on or near Green's Creek near Oriental in Pamlico 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 October 21, 2008, and agree to pay the proposed civil
assessment of $454.
DATE
SIGNATURE
ADDRESS
TELEPHONE NUMBER
400 Commerce Avenue, Morehead City, North Carolina 28557
Phone: [phone] FAX: [phone] Internet: www.nccoastalmanagement.net
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Paul Bogardus
December 1, 2008
Page 3
CAMA VIOLATION #08.34C
PAULBOGARDUS
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 $454 against me for violation of the Coastal Area Management Act, NCGS
113A-100 et sec, committed on or near Green's Creek near Oriental in Pamlico 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 October 21, 2008, and agree to pay the proposed civil
assessment of $454.
DATE
SIGNATURE
ADDRESS
TELEPHONE NUMBER
400 Commerce Avenue, Morehead City, North Carolina 28557
Phone: [phone] FAX: [phone] Internet: www.nccoastaimanagement.net
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r
NCDENR
North Carolina Department of Environment and Natural Resources
Division of Coastal Management
Michael F. Easley, Governor James H. Gregson, Director William G. Ross Jr., Secretary
November 18, 2008
Paul Bogardus
PO Box 67
Oriental, NC 28571
RE: RESTORATION ACCEPTANCE —CAMAVIOLATION #08.34C
Dear Mr. Bogardus:
This letter is in reference to the Notice of Violation # 08-34C sent to you dated October 21, 2008 for the placement of
an unauthorized freestanding mooring buoy within the Estuarine Waters and Public Trust Areas in or near Greens
Creek. The violation took place directly waterward of your property located at 6206 West Mainsail Point Road off of
Oriental Road in or near Oriental in Pamlico County, North Carolina. This unauthorized activity constituted
development and you were requested to properly mark the mooring buoy with your name and state vessel
registration number. 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 or in this case,
restoration to allow the development to meet the aforementioned guidelines.
I conducted a site visit at the aforementioned property on November 18, 2008 to inspect the restoration of the
unauthorized activity addressed in the Notice of Violation #08-34C. Based on this inspection, it has been determined
that the restoration appears to have been accomplished to the satisfaction of the Division. Upon my submission of
an enforcement report to the Division of Coastal Management, 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 252-808-2808.
Barry Nude
Coastal Management Field Representative
Cc: Ted Tyndall, Assistant Director, DCM
Tere Barrett, District Manager, DCM
Roy Brownlow&mpliance Coordinator, DCM
Ryan Davenport, Compliance and Enforcement Representative, DCM
Brad Connell, Field Representative, DCM
Skip Lee, LPO
400 Commerce Avenue, Morehead City, North Carolina 28557
Phone: [phone] \ FAX: [phone] \ Internet: www.nccoastaimanagement.net
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NAME:
FILE NO.:
CASE NOTES
DATE
TIME
NOTES
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Page 55 of 55
April 2008

NCDENR
North Carolina Department of Environment and Natural Resources
Division of Coastal Management
Michael F. Easley, Governor James H. Gregson, Director William G. Ross Jr., Secretary
November 18, 2008
Paul Bogardus
PO Box 67
Oriental, NC 28571
RE: RESTORATION ACCEPTANCE — CAMA VIOLATION #08-34C
Dear Mr. Bogardus:
This letter is in reference to the Notice of Violation If 08.34C sent to you dated October 21, 2008 for the placement of
an unauthorized freestanding mooring buoy within the Estuarine Waters and Public Trust Areas in or near Greens
Creek. The violation took place directly waterward of your property located at 6206 West Mainsail Point Road off of
Oriental Road in or near Oriental in Pamlico County, North Carolina. This unauthorized activity constituted
development and you were requested to properly mark the mooring buoy with your name and state vessel
registration number. In accordance with the North Carolina Administrative Code, Title 15A, Subchapter 7.1.04110, 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 or in this case,
restoration to allow the development to meet the aforementioned guidelines.
I conducted a site visit at the aforementioned property on November 18, 2008 to inspect the restoration of the
unauthorized activity addressed in the Notice of Violation #08.34C. Based on this inspection, it has been determined
that the restoration appears to have been accomplished to the satisfaction of the Division. Upon my submission of
an enforcement report to the Division of Coastal Management, 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 252-808-2808.
Si�nyn�ce'r_e`l'y7,j'
Barry GuThrie
Coastal Management Field Representative
Cc: Ted Tyndall, Assistant Director, DCM
Tere Barrett, District Manager, DCM
Roy Brownlow, Compliance Coordinator, DCM
Ryan Davenport, Compliance and Enforcement Representative, DCM
Brad Connell, Field Representative, DCM
Skip Lee, LPO
400 Commerce Avenue, Morehead City, North Carolina 28557
Phone: [phone] \ FAX: [phone] \ Internet: www.nccoastalmanagement.net
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NCDENR
North Carolina Department of Environment and Natural Resources
Division of Coastal Management
Michael F. Easley, Governor James H. Gregson, Director William G. Ross Jr., Secretary
NOTICE OF VIOLATION
October 21, 2008 '
CERTIFIED MAIL ARTICLE # 70051160 00031590 6365
RETURN RECEIPT REQUESTED
Mr. Paul Bogardus
6206 West Mainsail Point Road
Oriental, NC 28571
RE: NOTICE OF VIOLATION AND REQUEST TO CEASE UNAUTHORIZED DEVELOPMENT
CAMA VIOLATION #08-34C
Dear Mr. Bogardus:
This letter confirms that on July 9, 2008 Division of Coastal Management Representative Brad Connell and
Enforcement Representative Ryan Davenport, along with two North Carolina Division of Marine Fisheries
Marine Patrol officers, were at your vessel mooring with vessel registration number NC 5472 WV, in
Greens Creek located near Oriental, North Carolina. The purpose of the visit was to investigate a registered
complaint regarding the unauthorized installation of mooring buoys within Greens Creek. This letter also
confirms our phone conversation on October 7, 2008.
Information gathered by Division of Coastal Management Representatives indicates that you have initiated
development in violation of the Coastal Area Management Act (CAMA). No person may undertake
development in a designated Area of Environmental Concern (AEC) without first obtaining a permit from the
North Carolina Department of Environment and Natural Resources. North Carolina General Statute
(N.C.G.S.) 113A-118 imposes this requirement.
I have information that indicates you have undertaken or are legally responsible for the placement of an
unauthorized permanent mooring buoy and its attached anchoring apparatus in Greens Creek. This activity
took place in. Estuarine Waters and Public Trust Areas that are located in Greens Creek. Estuarine Waters
and Public Trust Areas are designated as Areas of Environmental Concern (AECs). North Carolina
Division of Coastal Management records indicate that 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 $10,000 plus investigative costs may be
assessed against any violator. Each day that the development described in this notice is continued or
400 Commerce Avenue, Morehead City, North Carolina 28557
Phone: [phone] \ FAX: [phone] \ Internet: www.nccoastalmanagement.net
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e,
repeated may constitute a separate violation that is subject to an additional assessment of up to $10,000.
An injunction or criminal penalty may also besought to enforce any violation (N.C.G.S.113A-126).
It is the policy of the Coastal Resources Commission to levy a civil assessment, plus investigation costs,
not to exceed $10,000 against violations of this type. This action is to recover a portion of the incurred costs
associated with investigations of the violation and/or to compensate the public for any damage to its natural
resources. Whether a more substantial 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. If restoration of
the affected resources is requested, but is not undertaken or completed satisfactorily, a substantially higher
civil penalty will be assessed and a court injunction will be sought ordering restoration.
Based upon the North Carolina Administrative Code, Title 15A, Subchapter 07H. State Guidelines for Areas
of Environmental Concern, the activity you have undertaken, installation of an unauthorized mooring buoy
and attached apparatus in the Estuarine Waters and Public Trust Areas AEC(s), is not consistent with 15A
NCAC 07H .2205(i). Therefore, I am requesting that the mooring buoy be marked with your name and
vessel State registration numbers. Please refer to the enclosed Restoration Agreement.
If you intend to cooperate with my request, please sign the attached Restoration Agreement 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.
Thank you for your time and cooperation in resolving this important matter. Upon completion of the
restoration as requested in the Restoration Plan Agreement to the satisfaction of the Division of Coastal
Management, you will be notified as to the amount of the civil assessment for undertaking development
without first obtaining the proper permit(s) and/or development that is inconsistent with Coastal Resources
Commission rules. If you have any questions about this or related matters, please contact me at (252) 808-
2808. 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.
Sincerely,
Barry Guthrie
Coastal Management Representative
Cc: M. Ted Tyndall, Assistant Director, DCM
Tere Barrett, District Manager, DCM
Roy Brownlow, Compliance Coordinator, DCM
Ryan Davenport, Enforcement Representative, DCM
Brad Connell, Field Representative, DCM
Tracey Wheeler, USACE
Skip Lee, LPO
400 Commerce Avenue, Morehead City, North Carolina 28557
Phone: [phone] \ FAX: [phone] \ Internet: www.nocoastalmanagement.net
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RESTORATION PLAN
For
Paul Bogardus
CAMA Minor Violation #08-34C
Located in Greens Creek near Oriental, Pamlico County
Owners Name
Vessel State Registration #s
I, Paul Bogardus, agree to properly mark the aforementioned mooring buoy with my name and vessel State
registration numbers.
I agree to complete this restoration to the satisfaction of the Division of Coastal Management (DCM) by
November 21, 2008, or provide an explanation for non-compliance and a reasonable request for time
extension. When corrective actions are complete, I will notify the DCM so the work can be inspected.
SIGNATURE:
DATE:
It is the policy of the Coastal Resources Commission to levy a civil assessment, plus investigation costs, not to exceed $10,000
against violations of this type. If restoration of the affected resources is requested, but is not undertaken or completed
satisfactorily, a substantially higher civil penalty will be assessed and a courtinjunction will be sought ordering restoration.
400 Commerce Avenue, Morehead City, North Carolina 28557
Phone: [phone] FAX: [phone] Internet: www.nccoastalmanagement.net
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DCM ENF RCEMENT TRACKING REPORT
Issuer
Field Rep. 1 sC Violation Base No.
LPO_ S P th L o Q O I A B C D
LPJ PCn 1 s-- Violated Permit No. IV
(a applicable)
Violation Description Was activity permittable? Ye / No
Initial Discovery Date 7IQ 10 q — Discovery Methodq���L� I —
Violation Descriptionr--T_�pjQ } ! QA pe,ryhan2��
nesponaent mirormat! n n Prior Violations in same AEC: Yes / Case Number..
t5 :OB�34C.=o1
RespondentrrName/(s) __ a,L_ (� 1 andownel(AgendContractor)
Address �r d0lp �b�l n(jn ASat l k OI N ty —�e o State
ttfC Zip .2IS-%
Phone #__. 2Lin- 271-7 Fax #
Email
Violation Type: Project Type: Authorizations Required:
4 No Permit1XI
Site Visits Respondent Site Visits
Present
Respondent
Private/Community ❑Major CAMA
y
Present
El Permit Condition ❑ Govt./Public ❑ Minor ❑ D&F
/ °$— ❑ --.___
❑
�] Expired Permit L] Commercial )] General
----- �- __.—_.
❑
�.� Inconsistent w/ Rules
_ �_; _ �—
❑
Violation Location and Site Description
Project Location: County____ L'L'0.
_
Rover FileShoreline
Street Address/ State Road/ Lot #(s)_ l feP ns _� (e:Q
Length -e-_
SAV: Not Sure Yes No
Subdivisiio�n
City_ULar —0(". c- — ---- ZIP— 2q5%�------
Phone# (2S2)24ci_. Ul_. RiverBasinNeo,_-
Adj. Wtr. Body__C2 rtne1,\ g� K _ _ na man /unkn)_
ClosestMaj.Wtr.Body_-,IU2VYe p,'/Q f
_—
Restoration
NOV Date Initial Req. Comp. Date
CNOV Date Date Comp. Observed
Penalty Assessment
Sent to Respondent Date
Rcvd. by Dist. Mgr. Date
Assessment Extended Yes No
Sandbags:
Not Sure Yes No
PNA: Yes No jypL
ORW: Yes No Adjacent
Crit. Hab. Yes No
Photos Yes No
Waiver Required Yes No
In DWQ Buffer Area Yes
Extension Granted Yes No
Restoration Letter
Acceptance Date
App./Permit Fee
Extension Granted Yes No
Restoration Letter
Acceptance Date
App./Permit Fee
71.0409 Ref. L Recomm. Assess.
DCM Assess.
N, 12co I $
Penalty
Willful/Intent.
—�S Qt,
,
�s
—�
$
-�._-..
is
Continuing
is
Other
----
iS 0a Is
- ---
----
Total rI'
__I —r s-q 1 OU

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 Affected: Wetlands Impacted? Yes / f o If yes, which types:
CW PTA ES PTS
OEA HHF I SA DS SY 1R LS TY
SP
SS 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
Developmart Activities
Habitat Description
NOTES:
T�P�R�rn tom.. i'
Closing
Payment Received S ___—_____._-----_—Date____—__._-- Date Case Closed

RESTORATION PLAN
For
Paul Bogardus
CAMA Minor Violation #08-34C
Located in Greens Creek near Oriental, Pamlico County
Owners Name
Vessel State Registration #s
BP QoJurdvs
A/c s�-7,Z ENV
OCJ
2 7 2008
Morehead City pCM
I, Paul Bogardus, agree to properly mark the aforementioned mooring buoy with my name and vessel State
registration numbers.
I agree to complete this restoration to the satisfaction of the Division of Coastal Management (DCM) by
November 21, 2008, or provide an explanation for non-compliance and a reasonable request for time
extension. When corrective actions are complete, I will notify the DCM so the work can be inspected.
� � . u.%�/i�u .I
i
DATE:
feeolred resforttiov1 has beevi row1p/eted thlsdate.M4
It is the policy of the Coastal Resources Commission to levy a civil assessment plus investigation costs, not to exceed $10,000
against violations of this type. If restoration of the affected resources is requested, but is not undertaken or completed
satisfactorily, a substantially higher civil penalty will be assessed and a court injunction will be sought ordering restoration.
400 Commerce Avenue, Morehead City, North Carolina 28557
Phone: [phone] \ FAX: [phone] \ Internet: www.nccoastalmanagement.net
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1. Article Addressed to
Mr. Paul Bogardus
6206 West Mainsail Point Road
Oriental, NC 28571
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1. Article Addressed to:
Mr. Paul Bogardus
6206 West Mainsail Point Road
Oriental, NC 28571
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Retum Receipt Fee
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Mr. Paul Bogardus
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6206 West Mainsail PoinMoad
7 Oriental, NC 28571
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Certified Mail Provides:
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■ A unique identifier for your mailpiece
• 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 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 7rovide 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 "Return Receipt Requested". To receive a fee waiver for
a duplicate return receipt, a USPS9 postmark on your Certified Mail receipt is
required.
■ For an additional fee, delivery may be restricted to the addressee or
addressee's authorized a9ant. Advise the clerk or mark the mailplece 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. ff a postmark on the Certified Mall
receipt is not needed, detach and affix label with postage and mail.
IMPORTANT: Save this receipt and present It when mating an inquiry.
Internet access to delivery information is not available an mail
addressed to APOs and Pigs.