05-09C Rowe

North Carolina
Michael F. Easley, Governor
August 19, 2005
Robert Rowe
106 Bumhurst Rd
New Bern, NC 28560
NCDENR
Department of Environment and Natural
Division of Coastal Management
Charles S. Jones, Director
i59/l�� lL
Resources
William G. Ross Jr., Secretary
RE: Payment of Proposed Penalty for Violations of the Coastal Area Management Act,
Committed in Craven County
CAMA Violation # 05-09C
Dear Mr. Rowe:
This letter will acknowledge receipt of your check #2340, in the amount of $500.00, and dated
August 18, 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,
Tere Barrett
District Manager
1111 iC KH
cc: Roy BrowMow, compliance Coordinator
Ted Tyndall, Asst. Director
Stephen Lane, Coastal Management Rep.
Raleigh Bland, COE
400 Commerce Avenue, Morehead City, North Carolina 28557
Phone: [phone] FAX: [phone] Internet: www.nccoastalmanagement.net
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R
Mr. Robert Rowe
August 12, 2005
Page 3 of 3
CAMA VIOLATION #05-09C
g�!'PPD AU9 2065
Morehead City DCM
AGREEMENT TO PAY PROPOSED CIVIL ASSESSMENT
I understand that the staff of the Department of Environment and Natural Resources will propose the
assessment of a civil penalty in the amount of $500.00 against me for violation of the Coastal Area
Management Act, NCGS 113A-100 at sec, committed at the terminus of Purifoy Street, Near Bridgeton, in
Craven 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 3/14/05, and agree to
pay the proposed civil assessment of $500.00,
��/ <�" " b
DATE
/ o 6 AgA k-15 t )e.e.4
ADDRESS
s2,)63-7-2616
TELEPHONE NUMBER
400 Commerce Drive, Morehead City, North Carolina 28557
Phone: [phone] \ FAX: [phone] \ Internet: www.nccoastaimanagement.net
An Equal Opportunity \ Affirmative Action Employer - 50% Recycled \ 10% Post Consumer Paper

r

LT4 Do; WA
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
August 12, 2005
CERTIFIED MAIL
RETURN RECEIPT REQUESTED
Mr. Robert Rowe
105 Bernhurst
New Bern, NC 28560
RE. CAMA VIOLATION #05-09C
Dear Mr. Bernhurst:
I&LLowana OrTed
,Ronda Q.Roy
This letter is in reference to the Notice of Violation dated 3/14/05 that Stephen Lane sent to you on behalf of the
Division of Coastal Management. The Notice was for the unauthorized construction and/or installation of a pier,
mooring pilings, boat ramp, retaining walls, and fence, adjacent to the Neuse River at the terminus of Purifoy
Road, near Bridgeton, Craven County. The violation involved the Public Trust and Estuarine Waters, and the
Estuarine Shoreline, which are Areas of Environmental Concern designated by the Coastal Resources
Commission. Based upon Mr. Lane's site visit on 7/14/05, the restoration requested appears to be complete to
the satisfaction of the Division of Coastal Management.
The Coastal Area Management Act provides that a civil assessment of up to $2,500 may be assessed for any
violation. It is the policy of the Coastal Resources Commission to assess a civil penalty for all violations in
order to recover some of the costs of investigating violations and/or to compensate the public for any damage
to its natural resources.
Under the rules of the Coastal Resource Commission, a proposed civil penalty in the amount of $500.00 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 $500.00 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.
400 Commerce Drive, 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. Robert Rowe
August 12, 2005
Page 2 of 3
r
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, please
do not hesitate to contact me at [phone].
Sincerely,
—�, kk'l'�
Tere Barrett, District Manager
Division of Coastal Management
Enclosures
cc: Ted Tyndall, Assistant Director, DCM
Roy Brownlow, Compliance Coordinator, DCM
Stephen Lane, Coastal Management Representative, DCM
Raleigh Bland, USACE
Chad Strawn, LPO
400 Commerce Drive, 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. Robert Rowe
August 12, 2005
Page 3 of 3
CAMA VIOLATION #05-09C
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 $500.00 against me for violation of the Coastal Area
Management Act, NCGS 113A-100 et seg, committed at the terminus of Purifoy Street, Near Bridgeton, in
Craven 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 3/14/05, and agree to
pay the proposed civil assessment of $500.00.
DATE
SIGNATURE
ADDRESS
TELEPHONE NUMBER
400 Commerce Drive, 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

NIMA
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
July 21, 2005
Mr. Robert Rowe
105 Bernhurst
New Bern, NC 28560
RE:RESTORATION ACCEPTANCE — CAMA VIOLATION #05-09C
Dear Mr. Rowe:
This letter is in reference to the Notice of Violation If 05-09C sent to you dated March 14, 2005 for the
unauthorized construction of a pier, mooring pilings, boat ramp, retaining walls, and fence within the
Estuarine Waters, Public Trust Areas, and Coastal Shoreline Areas of Environmental Concern adjacent to
the Neuse River. The violation took place on your property located at the terminus of Purifoy Road
(formerly Middle Street) near Bridgeton, Craven County, North Carolina. This unauthorized activity
constituted development and you were requested to remove the unauthorized pier, mooring pilings, boat
ramp, retaining walls, deck, and fence. 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 14, 2005 to inspect the restoration of the
unauthorized activity addressed in the Notice of Violation # 05-09C. 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].
Sincerer
Stephen Lane
Coastal Management Representative
Cc: Ted Tyndall, Assistant Director, DCM
Tere Barrett, District Manager, DCM
Roy Brownlow, Compliance Coordinator, DCM
Raleigh Bland, Major Permit Coordinator, USACE-Washington
400 Commerce Avenue, Morehead City, North Carolina 28557
Phone: [phone] \ FAX: [phone] \ Internet: www.nccoastalmanagement.net
An Equal Opportunity \ Affirmative Action Employer- 50% Recycled \ 100/6 Post Consumer Paper

DCM ENFORCEMENT TRACKING REPORT
SLIEN .r=09
Field Rep. k
�� Violation Base No. o
LPO
A B D
���r Tone1
G� Violated Permit No.
Pl __— (If applicable)
Violation Description Was activity permittable? Yes if No
Initial Discovery Date l-1i 7T Discovery Method (p el
Violation Description 5:-) eJ of -/ A'-," ® �` t 4"�
or, O"�"` n.'f .✓ by /r1n /.owc ✓f < �v
Respondent Information Prior Violations in same AEC: Yes /
Case Number 0J'0`1 1 -01
Respondent Name(s) A 1,,P r A," -
(Landowner/Agent/Contractor)
Address (p r A'A'1/; R""J
City il%W
State Jill Zip 21�1(0
Phone # �a -L) C`7 i
Fax #
Email
I
Violation Type: Project Type:
Authorizations Required: Site Visits
Respondent Site Visits Respondent
o Per Privet ommunity
AM Present Present
Permit Condition Govt./Public
Minor D
Expired Permit Commercial
General
Inconsistent wl Rules
Violation Location and Site Description
4 ��
Rover File
pto-7
Project Location: County C/,,
Shoreline Length
Street Address/ State Road/ Lot #(s) �l
SAY Not Sure
Yes N�
L f „.rlyp+rldL✓Jn
Sandbags: Not Sure
Yes
Subdivision,^�
PNA:
Yes N Adjacent
City Illi &-r' / Aj C- Zip 'f6°
ORW:
Yes Adjacent
Crit. Hab.
Yeses No
Phone # ( ) River Basin Yet zl
� P✓v'
Photos
No
Adj. Wtr. Body � nat man /unkn)
Waiver Required
es 9
Y
a 1 �vv-
Closest Maj. Wtr. Body /t/ �" G`
In DWQ Buffer Area
Y No
Restoration tL
NOV Date
CNOV Date
Penalty Assessment
Sent to Respondent Date
Rcvd. by Dist. Mgr. Date
Assessment Extended Yes
Initial Req. Comp. Date
Date Comp. Observe �7-(�-Os
7J.0409 Ref.
/A
r__J,IA7Ioio _. App./Permit Fee Ll-,f`ti�)
�
job
Igo Penalty
a" 4a
"No milli Willful/Intent.
9+jlOd� Continuing
Extension Granted es No
Restoration Letter 7 21-o T
Acceptance Date
Recomm. Assess. DCM Assess.
$
$ Joe $
� yv0 Other � / $
Total k�0
Zj004
tut P tzb
Y

Formal Assessments, Appeals and Reductions
Date Long Form Submitted
Date Formal CPA Submitted
Final Assessment $ Date
Attorney General's Office for Injunction or Formal Collection
Date sent to AG Respondent not responsive to penaltylNOV
Date Collection Let. Sent Date Demand Let. Sent
Violation Activities and Impacts
AECs Affected:
CW PTA �S PTS
OEA HHF
PWS: FC:
Other:
Restoration Required by the Respondent Yes I No
Assessment Appealed Yes No
Penalty modified
Injunction to complete restoration
Wetlands Impacted? Yes I to
SA DS Cl SY A
SS SC SP 404
Dimensions in excess Dimensions to restore
of permit/ unauthorized activities
Development Activities y` X 3 b/may' k
-7 or` I yrxf,
Habitat Description Lf, JC 8' A-
'IS.
NOTES
Closing
I
Final dimensions
allowed
D
O
f)
a
Payment Received $ Date Date Case Closed
If yes, which types:
LS TY
Actually restored
�t k?0/
a
o'
7J-1
y, lrs'

RESTORATION PLAN
For
Robert Rowe
Property located at the terminus of Purifoy Road, Craven County
Neuse River
Unauthorized mooring pilings —
�� O
Unauthorized boat ramp
Unauthorized retaining walls
Unauthorized deck—F]
Unauthorized pier
NWL
Unauthorized fenc
I, Robert Rowe, agree to remove the pier, mooring pilings, boat ramp, retaining walls, deck, and fence that I
placed or had placed within and adjacent to Estuarine Waters, Public Trust Areas, and the Estuarine Shoreline
at the terminus of Purifoy Road adjacent to the Neuse River, near Bridgeton, North Carolina.
I agree to complete this restoration to the satisfaction of the Division of Coastal Management by
April 14, 2005 or provide an explanation for non-compliance and a reasonabl request for time
extension.
SIGNATURE:
DATE:
It is the policy of the Coastal Resources Commission to levy a minimum civil assessment of $350 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.

19-Aug-05
NC DIVISION OF COASTAL MANAGEMENT ENFORCEMENT RECORD
CASE STATUS
CASE IS OPEN
• CASE IS CLOSED
CASE NUMBER LAST NAME FIRST NAME BUSINESS NAME:
05-09C ROWE ROBERT F_
Previous Violations in Same AEC
NOV DATE CLOSURE DATE Elapsed Days AFFLILIATION SECTOR ❑ for Similar Activities
3/14/2005 158 RESPONSIBLE AGE PRIVATE
MAILING ADDRESS CITY STATE ZIP CODE PHONE NUMBER
105 BERNHURST ROAD NEW BERN NC 28550-
PROPERTY ADDRESS COMMUNITY WATERBODY NEAREST ROAD
END OF PURIFOY RD BRIDGETON NEUSE RIVER PURIFOY RD
DISTRICT OFFICE COUNTY DCM REPRESENTATIVE LPO CONTACT
MHCDO ICRAVEN LANE
AFFECTED AEC(S I. ElCW ❑ EW W PTA [J ES L J PTS
VIOLATION TYPE I_-_.-_-.___
MAJOR CAMA plus DREDGE AND FILL 1 ❑ OEA ❑ HHFA ❑ IHA ❑ PWS [.1 NCRA
NATURE OF VIOLATION AEC DESCRIPTION EW, PTA, ES
Jnauthorized major development by the construction of a pier, boat ramp, bulkhead/retaining walls, deck, and
nstallation of mooring pilings and a fence within the EW, PTA, and ES AECs adjacent to the Neuse River. The
Itructures were erected on County property and not authorized by the County to be erected.
RESTORATION REQUEST DATE COMPLETION DATE
4/14/2005 7/14/2005
❑ RESTORATION NOT REQUIRED -CONTRACTOR
RESTORATION EXTENDED RESTORE DATE
❑ RESTORATION NOT REQUIRED - PERMITTABLE DEVELOPMENT `-' DEADLINE
j ❑ RESTORATION NOT REQUIRED -FURTHER IMPACTS EXTENDED
❑ RESTORATION PENDING LJ REFERRED TO AG'S OFFICE - COLLECTION
..... ! 1 REFERRED TO AG'S OFFICE - INJUNCTION
ASSESSMENT DATE PENALTY AMOUNT COLLECTION DATE AMOUNT COLLECTED
PENALTY STATUS] 8/12/2005 $500 8/19/2005 $500
J. PENALTY ISSUED
PENALTY NOT ISSUED WILLFUL INTENTIONAL PENALTY (MIN. OR DOUBLED):CNOV ISSUED
CONRACTOR'S FIRST OFFENSE 1 SETTLED, AGREED UPON, OR STIPULATED PENALTY ❑ PENALTY APPEALED
_J UNCOLLECTIBLE PENALTY ❑ FORMAL CPA ISSUED
Violations Involving Adversely Impacted Resources
AMOUNT OF ADVERSELY DISTURBED AREA (SQ. FT.) ��—
AMOUNT OF RESTORED AREA (SQ. FT)
NOTES

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
July 21, 2005
Mr. Robert Rowe
105 Bernhurst
New Bern, NC 28560
RE: RESTORATION ACCEPTANCE — CAMA VIOLATION #05-09C
Dear Mr. Rowe:
This letter is in reference to the Notice of Violation # 05-09C sent to you dated March 14, 2005 for the
unauthorized construction of a pier, mooring pilings, boat ramp, retaining walls, and fence within the
Estuarine Waters, Public Trust Areas, and Coastal Shoreline Areas of Environmental Concern adjacent to
the Neuse River. The violation took place on your property located at the terminus of Purifoy Road
(formerly Middle Street) near Bridgeton, Craven County, North Carolina. This unauthorized activity
constituted development and you were requested to remove the unauthorized pier, mooring pilings, boat
ramp, retaining walls, deck, and fence. 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 14, 2005 to inspect the restoration of the
unauthorized activity addressed in the Notice of Violation # 05-09C. 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].
Sincerer
Stephen Lane
Coastal Management Representative
Cc: Ted Tyndall, Assistant Director, DCM
Tere Barrett, District Manager, DCM
Roy Brownlow, Compliance Coordinator, DCM
Raleigh Bland, Major Permit Coordinator, USACE-Washington
400 Commerce Avenue, Morehead City, North Carolina 28557
Phone: [phone] \ FAX: [phone] \ Internet: www.nccoastalmanagement.net
An Equal Opportunity \ Affirmative Action Employer- 50% Recycled \ 100/6 Post Consumer Paper

fid
itL6
NCDENR
North Carolina Department of Environment and Natural Resources
L7i`r'ISIOi' of C:.7fi5ial >f>i8;+�;:^�11C31`
i_aslu". Gn'defl!.. vh1i -I"o r.. 1%'oss JI ,
NOTICE OF VIOLATION
March 14, 2005
CERTIFIED MAIL
RETURN RECEIPT REQUESTED
Mr. Robert Rowe
105 Bernhurst Road
New Bern, NC 28560
RE. NOTICE OF VIOLATION AND REQUEST TO CEASE UNAUTHORIZED DEVELOPMENT.
CAMA VIOLATION #05-09C
Dear Mr. Rowe:
This letter confirms that on February 22, 2005, 1 was onsite at the terminus of Purifoy Road (formerly
Middle Street) adjacent to the Neuse River, located near Bridgeton, Craven County, North Carolina. The
purpose of the visit was to investigate unauthorized development within and adjacent to the Neuse River. .
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.
Information I have indicates that you have undertaken, or are legally responsible for the construction of a
pier, mooring pilings, boat ramp, retaining walls, and fence at the aforementioned property. This activity
took place within and adjacent to the Estuarine Waters, Public Trust Areas, and the Estuarine Shoreline
AECs that are contiguous with the Neuse River. Estuarine Waters, Public Trust Areas, and the Estuarine
Shoreline are designated as Areas of Environmental Concern (AEC). No permit was issued to you for
work in these areas. 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).
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 110% Post Consumer Paper

March '14, 20ub
#05-09C — Page 2
exceed $2,500 against all violations. 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.
You are also in violation of the State's Dredge and Fill Law which requires a permit from the North Carolina
Department of Environment and Natural Resources before undertaking any excavating or filling in any
estuarine waters, tidelands, marshlands, or state-owned lakes pursuant to N.C.G.S. 113-229. Therefore, I
also request that you immediately CEASE AND DESIST such unauthorized activity and contact me about
this matter as well. Violations of the State's Dredge and Fill Act may be enforced by a criminal penalty or a
civil action for damages or an injunction in accordance with N.C.G.S. 113-229.
Based upon the North Carolina Administrative Code, the activities you have undertaken, the unauthorized
construction of a pier, mooring pilings, boat ramp, retaining walls, deck, and fence at the aforementioned
property and within and adjacent to Estuarine Waters, Public Trust Areas and the Estuarine Shoreline
AECs, is not consistent with Title15A NCAC 07H .0200 and Title15A NCAC 07J .0200 which regulate
development within Estuarine Waters, Public Trust Areas, and the Estuarine Shoreline. This determination
is based on the fact that you do not own the property, and have no authorization from the owner of the
property to do the development. Because the property owner, the County of Craven, has indicated to me
they have no desire to have the development on their property, your development is consequently
inconsistent with the above rules. Therefore, I am requesting that the unauthorized pier, mooring pilings,
boat ramp, retaining walls, deck, and fence be removed from the property referenced above. Please refer
to the enclosed Restoration Agreement.
If you intend to cooperate with my request, please sign one of the attached Restoration Agreements and
return it to me in the enclosed, self-addressed envelope within ten (10) days of receipt of this letter. Failure
to comply with this request or respond back to this office prior to the requested deadline with an acceptable
schedule for compliance will be interpreted as a refusal to cooperate and will result in a Notice of
Continuing Violation, as well as a court injunction being sought ordering compliance.
The relevant statutes and regulations are available from this office, and I am willing to assist you in
complying with the requirements of these laws. A site inspection will be made in the near future to
determine whether this REQUEST TO CEASE AND DESIST has been complied with. I request that you
contact me immediately.
Thank you for your time and cooperation in resolving this important matter. If you have any questions about
this or related matters, please call me at [phone]. Upon completion of the restoration as requested
in the Restoration Plan Agreement to the satisfaction of the Division of Coastal Management, you will be

l6auli i4, LIJ�J
#05-09C — Page 3
Sincerely,
Stephen Lane
Cc: Ted Tyndall, Assistant Director, DCM
Tere Barrett, MHC District Manager, DCM
Roy Brownlow, Compliance Coordinator, DCM
Raleigh Bland, Major Permit Coordinator, USACE-Washington
Enclosure

RESTORATION t'i'_ANI
I or
Robert Rowe
Property located at the terminus of Purifoy Road, Craven County
Neuse River
Unauthorized mooring pilings
Unauthorized boat
Unauthorized retaining walls
Unauthorized deck
pier
NWL
Unauthorized fence
I, Robert Rowe, agree to remove the pier, mooring pilings, boat ramp, retaining walls, deck, and fence that I
placed or had placed within and adjacent to Estuarine Waters, Public Trust Areas, and the Estuarine Shoreline
at the terminus of Purifoy Road adjacent to the Neuse River, near Bridgeton, North Carolina.
I agree to complete this restoration to the satisfaction of the Division of Coastal Management by
April 14, 2005 or provide an explanation for non-compliance and a reasonable request for time
extension.
SIGNATURE:
DATE:
It is the policy of the Coastal Resources Commission to levy a minimum civil assessment of $350 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.

15-Mar-05 NC DIVISION OF COASTAL MANAGEMENT ENFORCEMENT RECORD
CASE STATUS --
CASE NUMBER LAST NAME FIRST NAME BUSINESS NAME:
Eis' )I 05-09C IROWE ROBERT
CASE IS CLOSED
AFFULIATION SECTOR
NOV DATE CLOSURE DATE RESPONSIBLE AGE PE (--1 Previous Violations in Same AEC
RIVAT
for Similar Activities
3/14/2005
MAILING ADDRESS CITY STATE
105 BERNHURST ROAD NEW BERN NC
PROPERTY ADDRESS COMMUNITY
END OF PURIFOY RD IBRIDGETON
ZIP CODE PHONE NUMBER
28560- 1
WATERBODY NEAREST ROAD
NEUSE RIVER PURIFOY RD
DISTRICT OFFICE COUNTY DCM REPRESENTATIVE LPO CONTACT
MHCDO CRAVEN LANE �—
VIOLATION TYPE
MAJOR CAMA plus DREDGE AND FILL AEC TYPE EW, PTA, ES
NATURE OF VIOLATION
Unauthorized major development by the construction of a pier, boat ramp, retaining walls, deck, and installation c
mooring pilings and a fence within the EW, PTA, and ES AECs adjacent to the Neuse River. The structures were
erected on County property and not authorized by the County to be erected.
RESTORATION STATUS —--- -----------------
J
RESTORATION NOT REQUIRED - CONTRACTOR
❑ RESTORATION NOT REQUIRED - PERMITTABLE DEVELOPMENT
RESTORATION NOT REQUIRED - FURTHER IMPACTS
`. ] RESTORATION PENDING
RESTORATION REQUEST DATE COMPLETION DATE
4/14/2005 1
RESTORATION EXTENDED! RESTORE DATE
DEADLINE
EXTENDED
j. REFERRED TO AG'S OFFICE - COLLECTION
REFERRED TO AG'S OFFICE - INJUNCTION
ASSESSMENT DATE PENALTY AMOUNT COLLECTION DATE AMOUNT COLLECTED
PENALTY STATUS
❑ PENALTY ISSUED
❑ PENALTY NOT ISSUED WILLFUL INTENTIONAL PENALTY (MIN. OR DOUBLED) ❑ CNOV ISSUED
CONRACTOR'S FIRST OFFENSE SETTLED, AGREED UPON, OR STIPULATED PENALTY ❑ PENALTY APPEALED
UNCOLLECTIBLE PENALTY ❑ FORMAL CPA ISSUED
Violations Involving Adversely Impacted Resources
AMOUNT OF ADVERSELY DISTURBED AREA (SQ. FT.) �—
AMOUNT OF RESTORED AREA (SQ. FT) I
NOTES

errs �
NCDENR
North Carolina Department of Environment and Natural Resources
NOTICE OF VIOLATION
March 14, 2005
CERTIFIED MAIL
RETURN RECEIPT REQUESTED
Mr. Robert Rowe
105 Bernhurst Road
New Bern, NC 28560
RE: NOTICE OF VIOLATION AND REQUEST TO CEASE UNAUTHORIZED DEVELOPMENT
CAMA VIOLATION #05-09C
Dear Mr. Rowe:
This letter confirms that on February 22, 2005, 1 was onsite at the terminus of Purifoy Road (formerly
Middle Street) adjacent to the Neuse River, located near Bridgeton, Craven County, North Carolina. The
purpose of the visit was to investigate unauthorized development within and adjacent to the Neuse River.
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.
Information I have indicates that you have undertaken, or are legally responsible for the construction of a
pier, mooring pilings, boat ramp, retaining walls, and fence at the aforementioned property. This activity
took place within and adjacent to the Estuarine Waters, Public Trust Areas, and the Estuarine Shoreline
AECs that are contiguous with the Neuse River. Estuarine Waters, Public Trust Areas, and the Estuarine
Shoreline are designated as Areas of Environmental Concern (AEC). No permit was issued to you for
work in these areas. 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).
400 Commerce Avenue, Morehead City, North Carolina 28557
Phone: [phone] \ FAX: [phone] \ Internet: www.nccoastalmanagement.net
An Equal Opportunity \ Affirmative Action Employer-60% Recycled \ 10% Post Consumer Paper

V
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March 14, 200b
#05-09C — Page 2
it 16 iilL' p0i•Gyit iili -l�H` .dl !:,OS. iul Ce` GUI1111i •;"Iol1 IC) k2 U 111 UV!, lit' ul ,IUi :0
exceed $2,500 against all violations. 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.
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 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, the activities you have undertaken, the unauthorized
construction of a pier, mooring pilings, boat ramp, retaining walls, deck, and fence at the aforementioned
property and within and adjacent to Estuarine Waters, Public Trust Areas and the Estuarine Shoreline
AECs, is not consistent with Title15A NCAC 07H .0200 and Title15A NCAC 07J .0200 which regulate
development within Estuarine Waters, Public Trust Areas, and the Estuarine Shoreline. This determination
is based on the fact that you do not own the property, and have no authorization from the owner of the
property to do the development. Because the property owner, the County of Craven, has indicated to me
they have no desire to have the development on their property, your development is consequently
inconsistent with the above rules. Therefore, I am requesting that the unauthorized pier, mooring pilings;
boat ramp, retaining walls, deck, and fence be removed from the property referenced above. Please refer
to the enclosed Restoration Agreement..
If you intend to cooperate with my request, please sign one of the attached Restoration Agreements and
return it to me in the enclosed, self-addressed envelope within ten (10) days of receipt of this letter. Failure
to comply with this request or respond back to this office prior to the requested deadline with an acceptable
schedule for compliance will be interpreted as a refusal to cooperate and will result in a Notice of
Continuing Violation, as well as a court injunction being sought ordering compliance.
The relevant statutes and regulations are available from this office, and I am willing to assist you in
complying with the requirements of these laws. A site inspection will be made in the near future to
determine whether this REQUEST TO CEASE AND DESIST has been complied with. I request that you
contact me immediately.
Thank you for your time and cooperation in resolving this important matter. If you have any questions about
this or related matters, please call me at [phone]. Upon completion of the restoration as requested
in the Restoration Plan Agreement to the satisfaction of the Division of Coastal Management, you will be

i
#05-09C — Page 3
Sincerely,
1
Stephen Lane
Cc: Ted Tyndall, Assistant Director, DCM
Tere Barrett, MHC District Manager, DCC
Roy Brownlow, Compliance Coordinator, D
Raleigh Bland, Major Permit Coordinator, LISACE-Washington
Enclosure

PLAN
or
Robert Howe
Property located at the terminus of Purifoy Road, Craven County
4 Neuse River
Unauthorized mooring pilings
Unauthorized boat ramp I I I (Unauthorized pier
I NWL
Unauthorized retaining walls
Unauthorized deck Unauthorized fence
I, Robert Rowe, agree to remove the pier, mooring pilings, boat ramp, retaining walls, deck, and fence that I
placed or had placed within and adjacent to Estuarine Waters, Public Trust Areas, and the Estuarine Shoreline
at the terminus of Purifoy Road adjacent to the Neuse River, near Bridgeton, North Carolina.
I agree to complete this restoration to the satisfaction of the Division of Coastal Management by
April 14, 2005 or provide an explanation for non-compliance and a reasonable request for time
extension.
SIGNATURE:
DATE:
It is the policy of the Coastal Resources Commission to levy a minimum civil assessment of $350 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.

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Mr. Robert Rowe
105 Bemhtust
a. Service Type
New Bem, NC 28560
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Morehea808 '808

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Mr. Robert Rowe
ED
01Po 105 Bernhurst
aysare,z New Bern, NC 28560

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Important Reminders:
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1. AraalMiressed to:
-e ) ALSO ,�d .
46tau A-IIW 4(v Cl
A Signature
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S. Rece/lby gdated,N C. Da o ��ivery I
D. 15 delivery address different from Item 14 ❑ Yas
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3. Service Type
eCertKed Mall ❑ Express Mail
❑ Registered ®'Retum Receipt for Merchandise
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2. Article Number
(Transfer from=vke labeO 7004 2890 0003 8042 0003
PS Form 3811, February 2004 Domestic Return Receipt 102595-0244-1540I

UNITED STATES, POSTAL SERVICE
First -Class Mail
Postage & Fees Paid
USPS
Permit No. G-10
• 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
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