05-22C Flora

r
WC®ENR
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
June 30, 2005
CERTIFIED MAIL
RETURN RECEIPT.REQUESTED
Mr. Matt Flora
P. 0. Box 151411
Alexandria, VA. 22315-1411
RE. NOTICE OF VIOLATION AND REQUEST TO CEASE UNAUTHORIZED DEVELOPMENT —
CAMA VIOLATION #05-22C
Dear Mr. Flora
This letter confirms that on June 29, 2005, Tere Barrett and Mark Hardeman representing DCM,
were onsite at your property located at Lot 1, Coral Bay Ridge adjacent to Bogue Sound located in
Atlantic Beach, off Salter Path Rd., Carteret County, North Carolina. The purpose of the visit was to
monitor restoration of adjacent properties.
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-118.
1 have information that indicates you are legally responsible for the lack of sedimentation/erosion
control measures that were required by this Division after relocating and backfilling the bulkhead
addressed under Notice of Violation #05-07 on March 02, 2005. Currently there is no measure
employed to prevent the movement of the unconsolidated material, and no vegetation onsite. As a
result, fill material has moved into the adjacent and recently restored marsh area in rain events.
Approximately 1700 square feet of recuperating coastal marsh has been filled due to the lack of
any prevention measures. This activity took place within the Coastal Wetlands and Estuarine
Waters that are contiguous with Bogus Sound. Coastal Wetlands and Estuarine Waters are
designated as Areas of Environmental Concern (AEC). No CAMA permit was issued to you for this
fill activity. 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.
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

Mr. Matt Flora
June 30, 2005
Page 2 of 4
1 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 violations and/or to compensate the public for any damage to its natural
resources. Whether a higher 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. Please
note that this is the second violation of this type to occur on this property while in your ownership,
and as such, a higher penalty may be applicable.
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 on 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, unauthorized filling of the
Coastal Wetlands and Estuarine Waters AEC's, is not consistent with Section 15A NCAC
07H.0208. Therefore, I am requesting that all fill material be removed from the wetlands and waters
adjacent to the bulkhead, and the area returned to the original grade and contour. .
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.
400 Commerce Avenue, Morehead City, North Carolina 28557
Phone: [phone] \ FAX: [phone] \ Internet: www.nccoastaimanagement.net
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Mr. Matt Flora
June 30, 2005
Page 3 of 4
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 252-808-2808. 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 and/or development that is inconsistent with
Coastal Resources Commission rules.
Sincerely,
/�'
ko--
Tere Barrett
MHC. District Manager, DCM
Cc:Ted Tyndall, Assistant Director, DCM
Mark Hardeman, Coastal Management Representative, DCM
Roy Brownlow, Compliance Coordinator, DCM
Henry Wicker, USACE
Donna Turner, LPO
ENCLOSURE
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

RESTORATION PLAN
For
Mr. Matt Flora Property
Property located at Lot 1, Coral Bay Ridge, Carteret County
CoarWhtwh {{
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Site 111ft620,185
ifOVO&M
�.. N'Ts
Coutal lYttfandamd\
Esmarim ttratm
Area of
wraasrliiated
- harkSIleuteriat
cea
CordB RSan
Adz..ec&ui
aLaflxa O¢aer
SDYzauvRead
I, Mr. Matt Flora, agree to remove the unauthorized fill material and return the filled area to the previous grade and
contour. Additionally, adequate sedimentation/erosion control measures must be employed to prevent the movement
of unconsolidated materials into the adjacent waters and wetlands.
I agree to complete this restoration to the satisfaction of the Division of Coastal Management (DCM) by July 25,
2005, 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 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.

DCM ENFORCEMENT TRACKING REPORT
Field •e bl9a� Issuer
)�LPJ
Violation Descriptjon
InitialDiscovery Date ip I 0�yl 0
Violation Description
mcl-d e .�c& IIIA I[S�/
Violation Base No. I
A B C D
Violated Permit No.
(if applicable)
Was activity permittable? Yes / No
Discovery Zod
G
Respondent Information Prior Violations in same
Respondent Name(s) �irr �I „/1� — (Landowner/AgendContractor)
Address `�O � �y / 1S l q (/�, � ' City �j�( i,,&c, , State V6 , Zip Cj —
Phone # II�Dj�r`����j o2 Fax # l
Email
No Case Number
Violation Type:
o Permit
t Condition
Project T pe:
Private ommunity
if .IPublic
Aut 'ons Required: Site V'
ajor/��
Minor
itts Respondent Site Visits Respondent
Present Present
Expired Permit
Commercial
General
Inconsistent wl Rules
Violation Location and Site Description ,
n Rover File '/ f
Project Location: County Shoreline Length / `C O
Street Address/ State Road/ Lot #(s) ( SAV: Not Sure Yes o
Sandbags: Not Sure Yes
$UbdiVi510n �(�{2.( -L PNA: Yesf
Adjacent
Citye ,Q ORW: YesAdjacent
Y ZIP
. _ n Crit. Hab. Phon
e # ( ) River Basin I n ll Y Photos Yes�n ILYY-��Ibl.
Adj. Wtr. Body ,> nat / an /unkn) Waiver Required Yes
Closest Maj. Wtr.. Body � � In DWQ Buffer Area Yes No
Restoration
NOV Date (p
CNOV Date V `
Penalty Assessment
Sent to Respondent Date
Rcvd. by Dist. Mgr. Date
Assessment Extended Yes
Initial Req. Comp. Date
Date Comp. Observed
s Extension Granted Yes
Restoration Letter
Acceptance Date
No
71.0409 Ref. Recomm. Assess. DCM Assess.
App./Permit Fee $ $
Penalty $ $
No Willful/Intent. $ $
Continuing $ $
Other $ $
Total.

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 penaltylNOV Injunction to complete restoration
Date Collection Let. Sent Date Demand Let. Sent
Violation Activities and Impacts
AECs (0 PTA ES PTS Wetlandsl DS Impacted? Yes YSNo If yes, which types:
OEA HHF IH SA DS CI S1R LS TY
PWS: FC:
Other:
Restoration Required by the Respondent Des No '
Dimensions in excess Dimensions to restore
of permit/ unauthorized activities
Development Activities
Habitat Description
NOTES:
Closing
Final dimensions Actually restored
allowed
Payment Received $ Date Date Case Closed

DEPARTMENT OF THE ARMY
WILMINGTON DISTRICT, CORPS OF ENGINEERS
PO BOX 1890
WILMINGTON NC 28402.1890
April 22, 2005
Regulatory Division
Action ID No. 200500536
Mr. Matthew Flora
Post Office Box 151411
Alexandria, Virginia 22315-1411
Dear Mr. Flora:
0
R,�TCS Oti 11
rm 50�'
This letter serves to confirm my March 30, 2005 follow-up inspection concerning your
restoration efforts for the unauthorized mechanized land clearing and construction of a bulkhead
in Section 404 wetlands on your property located on Lot 1, in Coral Bay Ridge Subdivision, on
Ocean Ridge Court, north side of NC Hwy 58 (Salter Path Road), adjacent to Hoop Pole Creek,
in Atlantic Beach, Carteret, North Carolina.
Based on the follow-up inspection, it has been determined that your restoration efforts have
been satisfactorily completed. Accordingly, no further action will be taken in this matter and
our file will be closed as of the date of this letter. It is strongly recommended that erosion
control measures (such as silt fence, ground cover, hay, straw...) be installed/placed along the
slope along the established wetland line.
Please be cautioned that any future unauthorized work of similar nature in Section 404
wetlands or waters would be considered a willful and intentional violation of Federal law and
may result in immediate referral of the matter to the U.S. Attorney with recommendation for
civil prosecution.
It is strongly recommended that you contact Mr. Mark Hardeman or Tere Barrett of North
Carolina Division of Coastal Management, at [phone], to satisfy any further State
enforcement requirements on your property.

-2-
Thank you for your time and cooperation in resolving this matter. If you
or comments in this matter, please contact Mickey Sugg at [phone], V
Regulatory Field Office.
Sincerely,
Keith A. Hams, Chief
Wilmington Regulatory Field
Copies Furnished:
any question
Ms. Noelle Lutheran Mr. Wallace R. Sherron, Director
Division of Water Quality State Property Section
N.C. Department of Environment N.C. Department of Administration
and Natural Resources 116 West Jones Street
128 Cardinal Drive Extension Raleigh, North Carolina 27603
Wilmington, North Carolina 28405
Mr. Mike Wylie
Mr. Mark Hardeman U.S. Environmental Protec
ion Agency
N.C. Division of Coastal Management Wetlands Section -Region IV
400 Commerce Avenue Water Management Division
Morehead City, North Carolina 28557-3421 61 Forsyth Street, SW
Atlanta, Georgia 30303
S. Tere Barrett
.C. Division of Coastal Management Mr. Neil Whitford
400 Commerce Avenue Post Office Drawer 1347
Morehead City, North Carolina 28557-3421 Morehead City, North Carolina 28557
U.S. Attorney Mr. Ron Cullipher
Eastern District of North Carolina Stroud Engineering
310 New Bern Avenue 151-A Hwy 24, Hestron Plaza H
Suite 800, Federal Building Morehead City, North Carolina 28557
Raleigh, North Carolina 27611
Mr. Dale Elmore
Centre Construction Grc
203 East Whitaker Mill
Raleigh, North Carolina

-3-
Mr. Bill Smith
Access Medical Development
2304 Wesvill Court, Suite 380
Raleigh, North Carolina 27607
Ms. Donna Turner, Inspections Department
Town of Atlantic Beach
Post Office Box 10
Atlantic Beach, North Carolina 28512
Mr. Lee Smith, Planning Director
Town of Atlantic Beach
Post Office Box 10
Atlantic Beach, North Carolina 28512

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
ALowana JO Ted
August 18, 2005
Matthew C Flora
6825A Brindle Heath Way
Alexandria VA 22315-5828
Ronda 7- Roy
RE: Payment of Proposed Penalty for V'ations o1 ` "��_ *aanagement Act,
Committed in Carteret Count
CAMA Violation # 05-07C OS-22C /- v//
Dear Mr. Flora: Qy
This letter will acknowledge receipt of your check #4944 & 4945, both in the amount of
$350.00, and dated August 15, 2005. Once the amount of the check is credited to the
Department of Environment and Natural Resources' account, this matter will be fully and
completely closed.
If you have any further questions concerning this matter, please contact me at my Morehead City
office, [phone].
Sincerely,
\J.e�4aV�/.,Gz
Tere Barrett
District Manager
TB/lsb
cc: Roy Brownlow, Compliance Coordinator
Ted Tyndall, Asst. Director
Mark Hardeman, Coastal Management Rep.
Raleigh Bland, COE
400 Commerce Avenue, Morehead City, North Carolina 28557
Phone: [phone] FAX: [phone] Internet: www.necoastalmanagement.net
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Mr. Matt Flora
August02,2005
Page 2 of 2 picsfyce
CAMAVIOLATION#0kC Ally i i2ees
AGREEMENT TO PAY PROPOSED CIVIL ASSESSMENT MOrehe$d Cily E)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 against me for violation of the Coastal Area Management Act, NCGS 113A-100 et sec ,
committed on my property at Lot 1, Coral Bay Ridge, Atlantic Beach, Carteret County, North Carolina. In orderto 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 6/30/05, and agree to pay the proposed civil assessment of $350.
S' t1 d I -
ATE
yY-ta�
SIGNATURE '
p . v
ADDRESS
Pr'1 tx~,1 A4 �41 ✓4- 17
TELEPHONE NUMBER

■ Complete items 1, 2, and 3. Also complete
A. Signature
Item 4 if Restricted Delivery is desired.
�! �,
X h't't6v",�
13 Agent
■ Print your name and address on the reverse
❑ Addressee
B. Recelved by (P~M )
C.
Date of Delivery
so that we can return the card to you.
■ Attach this card to the back of the mailpiece,
M14
f!
or on the front if space permits.
D. Is delivery address dir�t ttem 1?
Oyes
1. Article Addressed to:
If YES, enter deliv
0 No
Mr. Matt Flora
`
POBox 151411
N
g,
Alexandria, VA 22315-1411
3. Service Type
❑ certified Mail ❑ Express Mail
❑ Registered ❑ Return Receipt for Merchandise
❑ Insured Mall 0 C.O.D.
4. Restricted Delivery? Fyba Fee)
❑ Yes
2. Article Number 7004
(irans/er from service /ebeQ
2890 0003 8041 9922
PS Form 3811. February 2oo4 Domestic Return Receipt
102595O2-M-15491

UNITED STATES POSTAL SERVICE
NO VA
12 AUG 05P 6
• Sender: Please print your name, address, and ZIP+4in this box
N.C. Division of Coastal Management
400 Commerce Avenue
Morehead City, N.C. 28557
808-2808
wlfohead City t

I�b pzb
MC®ENR
North Carolina Department of Environment and Natural Resources
Division of Coastal Management
Michael F. Easley, Governor
CERTIFIED MAIL
RETURN RECEIPT REQUESTED
Mr. Malt Flora
PO Box 151411
Alexandria, VA 22315-1411
RE CAMAVIOLATION #05.22C
Dear Mr. Flora:
Charles S. Jones, Director William G.
August 2, 2005
This letter is in reference to the Notice of Violation dated 6/30/05 that I, District Manager forthe Morehead Cil
of Coastal Management, issued to you for lack of sedimentation measures that led to the filling of apr
Coastal Wetlands adjacent to Bogue Sound at Lot 1, Coral Bay Ridge, Atlantic Beach, Carteret County.
Estuarine Waters, Public Trust Areas, and Coastal Wetlands, which are Areas of Environmental Concern, de
Resources Commission. Based upon the site visit conducted on 7/08/05 by Mr. Mark Hardeman, Field
Division, the restoration requested appears to be complete to the satisfaction of the Division of Coastal Ma
The Coastal Area Management Act provides that a civil assessment of up to $2,500 may be assessed foi
of the Coastal Resources Commission to assess a civil penalty for all violations in order to recoversome
violations and/or to compensate the public for any damage to its natural resources.
Under the rules of the Coastal Resource Commission, a civil penalty in the amount of $350 is appropriate for
expeditiously resolve this matter prior to the assessment of a formal civil penalty by accepting responsibil
paying the amount proposed above. In order to do this, you must: (1) sign one of the attached copies of an
Assessment;" (2) attach a check or money order for $350 made payable to the North Carolina Departm(
Natural Resources (NCDENR); and, (3) return the signed agreement and payment to this office in the er
envelope within ten (10) days of your receipt of this letter. Upon deposit of your check in the Department's ac
Notice of Compliance officially closing this enforcement action.
Jr., Secretary
I District of the Division
roximately 1700 sf of
The violation involved
aignated by the Coastal
Representative for the
cation. It is the policy
costs of investigating
s violation. You may
for the violation and
reement to Pay Civil
of Environment and
sed, self-addressed
unt, you will receive a
If you do not send a signed agreement and payment to this office within ten (10) days, the Director of the Division of Coastal
Management will formally assess a civil penalty against you. You will then have the opportunity to request a hearing on the penalty or
request remission of the penalty.
Thank you for your time and cooperation in resolving this important matter. If you have any questions,
contact me at [phone].
Sincerely,
Tere Barrett
District Manager
Enclosures
cc: Ted Tyndall, DCM
Roy Brownlow, DCM
Mark Hardeman, DCM
Henry Wicker, USACE
151-B Hwy. 24, Hestron Plaza II, Morehead City, North Carolina 28557
Phone: [phone] FAX: [phone] Internet: www.nccoastalmanacer
do not hesitate to
An Equal Opportunity 1 Affirmative Action Employer — 50% Recycled 110% Post Consumer
r

Mr. Matt Flora
August 02, 2005
Page 2 of 2
CAMA VIOLATION 605.07C
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 against me for violation of the Coastal Area Management Act, NCGS 113A-100 et seg,
committed on my property at Lot 1, Coral Bay Ridge, Atlantic Beach, Carteret County, North Carolina. In order to resolve
this matter with no further action or expense on my part,) accept responsibility for the violation as described in the Notice
of Violation letter dated 6/30/05, and agree to pay the proposed civil assessment of $350.
DATE
SIGNATURE
ADDRESS
TELEPHONE NUMBER
V

RESTORATION PLANrJ e
Mr. Matt Flora Property IJUL 2 1 2005
Property located at Lot 1, Coral Bay Ridge, Carteret County
Re 54m,41'on, Ivry,
Nr ' wau Cow, fed RNo( ,'NSpatfej- by Mh4c IgAxdr�,
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4ru[r. Sera•
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. D Lamr: F:d
I, Mr. Matt Flora, agree to remove the unauthorized fill material and return the filled area to the f
contour. Additionally, adequate sedimentation/erosion control measures must be employed to pre
of unconsolidated materials into the adjacent waters and wetlands.
City DC1W
)us grade and
the movement
I agree to complete this restoration to the satisfaction of the Division of Coastal Management SDCM) by July 25,
2005, or provide an explanation for non-compliance and a reasonable request for time extensiorf. When corrective
actions are complete, I will notify the DCM so the work can be inspected.
SIGNATURE:
DATE: 7 /3
Y�
1t is the policy of the Coastal Resources Commission to levy a minimum civil assessment $350.00 and
violations of this type depending upon the damage to the resources. If restoration is not undertaken or
substantially higher civil assessment will be levied and an injunction sought to require restoration.
t all
completed, a

NCDENR
North Carolina Department of Environment and Natural ReSOt
Division of Coastal Management
Michael F. Easley, Governor Charles S. Jones, Director William G.
NOTICE OF VIOLATION
June 30,2005
CERTIFIED MAIL
RETURN RECEIPT REQUESTED
Mr. Matt Flora
P. 0. Box 151411
Alexandria, VA. 22315-1411
RE. NOTICE OF VIOLATION AND REQUEST TO CEASE UNAUTHORIZED
CAMA VIOLATION #05-22C
Dear Mr. Flora
Secretary
This letter confirms that on June 29, 2005, Tere Barrett and Mark Hardeman representing DCM,
were onsite at your property located at Lot 1, Coral Bay Ridge adjacent to Bogus Soul nd located in
Atlantic Beach, off Salter Path Rd., Carteret County, North Carolina. The purpose of the visit was to
monitor restoration of adjacent properties.
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-118.
I have information that indicates you are legally responsible for the lack of sedimt
control measures that were required by this Division after relocating and backfillir
addressed under Notice of Violation #05-07 on March 02, 2005. Currently there
employed to prevent the movement of the unconsolidated material, and no vegetati
result, fill material has moved into the adjacent and recently restored marsh area in
Approximately 1700 square feet of recuperating coastal marsh has been filled due
any prevention measures. This activity took place within the Coastal Wetlands
Waters that are contiguous with Bogue Sound. Coastal Wetlands and Estuarin
designated as Areas of Environmental Concern (AEC). No CAMA permit was issued
fill activity. Based on these findings, I am initiating an enforcement action by issuing
Violation for violation of the Coastal Area Management Act and the State's Dredge ,
400 Commerce Avenue, Morehead City, North Carolina 28557
Phone: [phone] \ FAX: [phone] \ Internet: www.nccoastalman
the bulkhead
no measure
onsite. Asa
in events.
the lack of
d Estuarine
Waters are
you for this
s Notice of
f Fill Law.
An Equal Opportunity 1 Affirmative Action Employer— 50% Recycled 110% Post Consumer

Mr. Matt Flora
June 30, 2005
Page 2 of 4
1 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 mat 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 dssessment 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 violations and/or to compensate the public for any damaged to its natural
resources. Whether a higher 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. Please
note that this is the second violation of this type to occur on this property while in your ownership,
and as such, a higher penalty may be applicable.
You are also in violation of the State's Dredge and Fill Law which requires a permit�rom the North
Carolina Department of Environment and Natural Resources before undertaking an excavating or
filling in any estuarine waters, tidelands, marshlands, or state-owned lakes pursuait to N.C.G.S.
113-229. Therefore, I also request that you immediately CEASE AND DESIST suctt unauthorized
activity and contact me about this matter as well. Violations of the State's Dredge at id 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, unauthorized filling of the
Coastal Wetlands and Estuarine Waters AEC's, is not consistent with Sectiol 15A NCAC
07H.0208. Therefore, I am requesting that all fill material be removed from the wetla ds and waters
adjacent to the bulkhead, and the area returned to the original grade and contour.
The enclosed Restoration Plan describes the action necessary to bring this project
with the Act. If you intend to cooperate with my request, please sign one c
Restoration Agreements and return it to me in the enclosed, self-addressed env(
(10) days of receipt of this letter. Failure to comply with this request or respond bs
prior to the requested deadline with an acceptable schedule for compliance will be
refusal to cooperate and will result in a Notice of Continuing Violation, as well as a
being sought ordering compliance.
The relevant statutes and regulations are available from this office, and I am willing
complying with the requirements of these laws. A site inspection will be made in thl
determine whether this REQUEST TO CEASE AND DESIST has been complied
that you contact me immediately.
400 Commerce Avenue, Morehead City, North Carolina 28557
Phone: [phone] \ FAX: [phone] \ Internet: www.nccoastalman
D compliance
the attached
pe within ten
to this office
erpreted as a
curt injunction
) assist you in
near future to
Jth. I request
An Equal Opportunity \ Affirmative Action Employer — 50% Recycled \ 10% Post Consumer

Mr. Matt Flora
June 30, 2005
Page 3 of 4
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 252-808-2808. 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 and/or development that is inconsistent with
Coastal Resources Commission rules.
Sincerely,
/�'
ko--
Tere Barrett
MHC District Manager, DCM
Cc:Ted Tyndall, Assistant Director, DCM
Mark Haftftn, Coastal Management Representative, DCM
Roy Brownlow, Compliance Coordinator, DCM
Henry Wicker, USACE
Donna Turner, LPO
ENCLOSURE
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

RESTORATION PLAN
For
Mr. Matt Flora Property
Property located at Lot 1, Coral Bay Ridge, Carteret County
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I, Mr. Matt Flora, agree to remove the unauthorized fill material and return the filled area to the previous grade and
contour. Additionally, adequate sedimentation/erosion control measures must be employed to prevent the movement
of unconsolidated materials into the adjacent waters and wetlands.
I agree to complete this restoration to the satisfaction of the Division of Coastal Management (DCM) by July 25,
2005, 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 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.

NC®ENR
North Carolina Department of Environment and Natural ReSOL
Division of Coastal Management
Michael F. Easley, Governor Charles S. Jones, Director William G.
NOTICE OF VIOLATION
June 30, 2005
CERTIFIED MAIL
RETURN RECEIPT REQUESTED
Mr. Matt Flora
P. 0. Box 151411
Alexandria, VA. 22315-1411
Jr., Secretary
RE. NOTICE OF VIOLATION AND REQUEST TO CEASE UNAUTHORIZED DEVELOPMENT —
CAMA VIOLATION #05-22C
Dear Mr. Flora
This letter confirms that on June 29, 2005, Tere Barrett and Mark Hardeman representing DCM,
were onsite at your property located at Lot 1, Coral Bay Ridge adjacent to Bogue Sound located in
Atlantic Beach, off Salter Path Rd., Carteret County, North Carolina. The purpose of the visit was to
monitor restoration of adjacent properties.
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-118.
I have information that indicates you are legally responsible for the lack of sedim(
control measures that were required by this Division after relocating and backfillin
addressed under Notice of Violation #05-07 on March 02, 2005. Currently there
employed to prevent the movement of the unconsolidated material, and no vegetati
result, fill material has moved into the adjacent and recently restored marsh area in
Approximately 1700 square feet of recuperating coastal marsh has been filled due
any prevention measures. This activity took place within the Coastal Wetlands
Waters that are contiguous with Bogue Sound. Coastal Wetlands and Estuarir
designated as Areas of Environmental Concern (AEC). No CAMA permit was issued
fill activity. Based on these findings, I am initiating an enforcement action by issuing
Violation for violation of the Coastal Area Management Act and the State's Dredge f
400 Commerce Avenue, Morehead City, North Carolina 28557
Phone: [phone] \ FAX: [phone] \ Internet: www.nccoastalman
the bulkhead
no measure
onsite. Asa
in events.
to the lack of
tnd Estuarine
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to you for this
[his Notice of
nd Fill Law.
An Equal Opponunity \ Affirmative Action Employer— 50% Recycled \ 10% Post Consumer

Mr. Matt Flora
June 30, 2005
Page 2 of 4
1 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 violations and/or to compensate the public for any damage to its natural
resources. Whether a higher 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. Please
note that this is the second violation of this type to occur on this property while In your ownership,
and as such, a higher penalty may be applicable.
You are also in violation of the State's Dredge and Fill Law which requires a permitlfrom 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. 1
Based upon the North Carolina Administrative Code, Title 15A, Subchapter 07H. State Guidelines
for Areas of Environmental Concern, the activity you have undertaken, unauthorized filling of the
Coastal Wetlands and Estuarine Waters AEC's, is not consistent with Section 15A NCAC
07H.0208. Therefore, I am requesting that all fill material be removed from the wetla neds and waters
adjacent to the bulkhead, and the area returned to the original grade and contour.
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 in, terpreted 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 �o 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.
400 Commerce Avenue, Morehead City, North Carolina 28557
Phone: [phone] \ FAX: [phone] \ Internet: www.nccoastalman
An Equal Opportunity \ Affirmative Action Employer— 50% Recycled \ 10% Post Consumer

■ 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 mallpiece,
or on the front if space permits.
1. Article Addresser :
a S-IqH
A. Signature
X OkA
❑ !Agent
B. Received by (PWfed Name) C. Date 7,11111
104t
D. Is delivery address different from Item 1? Yea
If YES, enter delivery address below: ❑ No
3. Service Type
''f7 Certified Mail ❑ Express Mail
❑ Registered ICJ Holum Receipt for Merchandise
❑ Insured Mall ❑ C.O.D.
4. Restricted Delivery? (Exba Fee) ❑ Yes
2. Article Number 7004 2890 0003 8041 9823
(Irransler from service label)
PS Form 3811, February 2004 Domestic Return Receipt 102595-02- 1540

UNITED STATES POSTAL SERVICE
First -Class Mail
Postage &Fees Paid
USPS
• Sender: Please print yo Ha;; address, and flP+ this box
>wID a
1
N.C. Division of Coastal, MagageWt T -.. I
400 Commerce Avenue n
Moreheadlf�tterty Dry j
808-2808
n
3

Mr. Matt Flora
June 30,2005
Page 3 of 4
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 252-808-2808. 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 and/or development that is inconsistent with
Coastal Resources Commission rules.
Sincerely,
/�'
ko--
Tere Barrett
MHC District Manager, DCM
Cc:T,ed Tyndall; Assistant Director, DCM
Mark Hardeman, Coastal Management Representative, DCM
Roy Brownlow, Compliance Coordinator, DCM
Henry Wicker, USACE
Donna Turner, LPO
ENCLOSURE
400 Commerce Avenue, Morehead City, North Carolina 28557
Phone: [phone] \ FAX: [phone] \ Internet: www.nccoastaimanagement.net
An Equal Opportunity 1 Affirmative Action Employer— 50% Recycled \ 10% Post Consumer Paper

RESTORATION PLAN
For
Mr. Matt Flora Property
Property located at Lot 1, Coral Bay Ridge, Carteret County
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I, Mr. Matt Flora, agree to remove the unauthorized fill material and return the filled area to the previous grade and
contour. Additionally, adequate sedimentation/erosion control measures must be employed to prevent the movement
of unconsolidated materials into the adjacent waters and wetlands.
I agree to complete this restoration to the satisfaction of the Division of Coastal Management (DCM) by July 25.
2005, or provide an explanation for noncompliance 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 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.

DCM ENFORCEMENT TRACKING REPORT
Field •-, 6A2:� Issuer
I
�yLPJ
Violation Descriptjo>n
Initial Discovery Date II D
Violation Description
Violation Base No. u
A B C D
Violated Permit No.
(it applicable)
G Was activity permittable? Yes ( NJo
ery Method
Respondent Information Prior Violations in same AE Yes No Case Number -Qs[
Respondent Name(s) M-rr Q I (Landowner/Agent/Contractor)
Address© IQ-,..r, i IS I (� CT City (U_I a��, State . Zip lj — l C�rl
Phone # �0?j6jr&-5 — Fax # Cll l
Email
Violation Type: Project Ti e: Aut 'ons Required: SittIeV�' hs/ Respondent Site Visits Respondent
oPermit Private ommunity a�or W/�7/� Present Present
i ondition /Public Minor D& I ��
Expired Permit Commercial General
Inconsistent wl Rules
Violation Location and Site Description
Rover File i
Project Location: County kry . Shoreline Length �0
Street Address/ State Road/ Lot # s ��it
JC_J L SAV: Not Sure Yesf
C Sandbags Not Sure Yes
Subdivision PNA: YesAdjacent
ORW: YesAdjacent
City ZIP Crit. Hab. y�Phone # ( ) River Basin ► t, ty Photos YYm
Adj. Wtr. Body V �! v-� t.�,Rn an /unkn) Waiver Required Yes
Closest Maj. Wtr. Body �jry-7 In DWQ Buffer Area Yes No
Restoration
NOV Date (L �`,C/C.(
CNOV Date
Penalty Assessment
Sent to Respondent Date
Rcvd. by Dist. Mgr. Date
Assessment Extended Yes No
Initial Req. Comp. Date�(� S
Date Comp. Observed
App./Permit Fe 177}
Penalty
Willful/Intent.
Continuing
Other
Total
Extension Granted Yes No
Restoration Letter
Acceptance Date ® 710'ela j
Recomm. Assess. DCM Assess.
$ o1`70. 2 g
$ / Clo $
$ s
S $
S S

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
=: (0 PTA ES PTS
OEA HHF IH
PWS: FC:
Other:
Restoration Required by the Respondent es No
D"
Wetlands Impacted? Yes / No
IDS Ci SY IR SAR
SC SP 404
imensions in excess Dimensions to restore
of permit/ unauthorized acti/vpies
Development Activities ' �0, 57
1 7 60 s4
Habitat Description
Closing
Payment Received $
Date
i
Final dimensions
al lossre dd
Date Case Closed
If yes, which types:
LS TY
Actually restored
l -)a) 54'

North Carolina
Michael F. Easley, Governor
July 25, 2005
Mr. Matt Flora
P.O. Box 151411
Alexandria, VA 22315-1411
A7jA
NCDENR
Department of Environment and Natural Resources
Division of Coastal Management
Charles S. Jones, Director William G. Ross Jr., Secretary
RE:RESTORATION ACCEPTANCE — CAMA VIOLATION #05-22C
Dear Mr. Flora:
This letter is in reference to the Notice of Violation # 05-22C sent to you dated June 30, 2005 for the lack
of sedimentationlerosion control measures that were required by this Division after relocating and
backfilling the bulkhead within the Coastal Wetlands and Estuarine Waters in or near Bogue Sound. The
violation took place on your property located at Lot 1, Coral Bay Ridge off of Salter Path Road in or near
the community of Atlantic Beach in Carteret County, North Carolina. This unauthorized activity constituted
development and you were requested to remove the unauthorized fill material and return the filled area to
the previous grade and contour; as well as employ adequate sedimentation/erosion control measures to
prevent the movement of unconsolidated materials into the adjacent waters and wetlands. 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.
I conducted a site visit at the aforementioned property on July 8, 2005 to inspect the restoration of the
unauthorized activity addressed in the Notice of Violation #05-22C. Based on this inspection, it appears
the restoration is accomplished to the satisfaction of this Division. Upon my submission 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].
Sinc lwGi
Mark ardeman
Coastal Management Representative
Cc:Ted Tyndall, Assistant Director, DCM
Tere Barrett, District Manager, DCM
Roy Brownlow, Compliance Coordinator, DCM
Henry Wicker, USACE
Donna Turner, LPO
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

RESTORATION PLANT
For
Mr. Matt Flora Property ' JU( 2 t 7pQ5
Property located at Lot 1, Coral Bay Ridge, Carteret County
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I, Mr. Matt Flora, agree to remove the unauthorized fill material and return the filled area to the previous grade and
contour. Additionally, adequate sedimentationterosion control measures must be employed to prevent the movement
of unconsolidated materials into the adjacent waters and wetlands.
I agree to complete this restoration to the satisfaction of the Division of Coastal Management (DCM) by July 25,
2005, 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: /6
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.
t