05-16C Schwartz

FILE MEMORANDUM
TO:
ROY BROWNLOW, COMPLIANCE COORDINATOR
FROM:
M. TED TYNDALL, ASST. DIRECTOR
SUBJECT:
VIOLATION CASE CLOSURE RECOMMENDATIONS
DATE:
02/01/2012
CC:
RONDA BENNETT
Investigation has disclosed information that warrants discontinuation of enforcement action on
the case listed below. Therefore, based upon staffs review and circumstances in this case, I
hereby authorize closing/discontinuing CAMA Violation case No.: DS _ /6 C
M. TED TYNDALL. Assistant Director
02/01/2012
Date

NCDENR
North Carolina Department of Environment and Natural Resources
Division of Coastal Management
Michael F. Easley, Governor Charles S. Jones, Director William G. Ross Jr., Secretary
NOTICE OF SERVICE BY SHERIFF
20 May 2005
Onslow County Sheriffs Office
701 Mill Ave
Jacksonville, NC 28540
RE. SERVICE OF DOCUMENT UPON MR. BRUCE SCHWARTZ
Dear Sir:
As I have been unable to serve the enclosed Notice of Violations(s) and Request to Cease and
Desist upon BRUCE SCHWARTZ, by Certified Mail, I would greatly appreciate utilizing the Onlsow County
Sheriff's Office to do so. The directions to Mr. Scwartz's residence are as follows: 1035 West Corbett
Avenue, Swansboro, NC 28584.
Enclosed are the Notice and Request, the original and one (1) copy of the Notice of Service, and a
check for $ 15.00 . Please return the original of the completed Notice of Service and a receipt for the,
$15.00 fee to me as soon as possible. If you have any problems or questions, you can contact me at (252)
808-2808.
Thank you very much for your cooperation in this matter.
Sincerely,
Ryan Davenport
Coastal Management Representative
NC Division of Coastal Management
cc: Ted Tyndall, Assistant Director
Tere Barrett, District Manager, DCM
Roy Brownlow, Compliance Coordinator, DCM
P:ILETTERS\Schwartz Sheriffs Service Notice.doc
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

STATE OF NORTH CAROLINA
COUNTY OF ONLSOW
IN THE MATTER OF THE NOTICE OF VIOLATION(s)
AND REQUEST TO CEASE AND DESIST VIOLATIONS(s)
OF THE COASTAL MANAGEMENT ACT
)NOTICE OF SERVICE
TO: SHERIFF, ONLSOW COUNTY i
YOU ARE HEREBY REQUESTED TO serve the attached document in the above-'
entitled action to the individual listed below:
Mr. BRUCE SCHWARTZ
1035 WEST CORBETT AVENUE
SWANSBORO, NC 28594
This 20TH day of MAY, 2005.
RYAN DAVENPORT "
COASTAL MANAGEMENT REPRESENTATIVE
400 COMMERCE AVE
MOREHEAD CITY, NC 28557
[phone] ,
-----------------------------------------------
RETURN OF SERVICE
I certify that this Notice of Service was received on the day of
20_, and together with the document was served as follows:
On on the day of
20_, at the following
place:
(fill in address where copy was delivered or left)
Delivering copies to him personally
Leaving copies with who is a person'
of suitable age and discretion and who resides in the named individuals'
dwelling house or place of business.
If NOT served on the named individual, state reason:
FEE: $
PAID:
BY:
SHERIFF OF
BY: DATE: 1 20_
COUNTY, NC
DEPUTY

I&S-05-13 Correction to 15A NCAC 7H .0207 Public Trust Areas
Mike Lopazanski presented several corrections to 15A NCAC 7H .0207, the
description of Public Trust Areas. Mike explained that the primary purpose of the
correction was to replace the term mean high water with normal high water. This
has been done throughout the rules since 1994 but several instances of its use
still exist. The use of normal high water or normal water level in the case of
waters not influenced by lunar tides was upheld in court decisions as being
appropriate for the purposes of administering CRC rules. In order to satisfy
probable objections by the Rules Review Commission, staff is also
recommending changing language referencing significant interference with
navigation. Again using language upheld by the courts, staff recommends
changing "significantly interferes" with ..."jeopardizes the capability of the waters
to be used by the public for navigation...". Staff has also strengthened the
statement regarding the deposition of spoils below mean high water by also
including "below normal high water and below normal water level". The
Committee approved the proposed changes and recommended that the CRC
send the rule to public hearing at the September 2005 meeting.
With no further discussion, the Committee adjourned at 4:43.

A47LA
NCDENR
North Carolina Department of Environment and Natural Resources
Division of Coastal Management
Michael F. Easley, Governor Charles S. Jones, Director William G. Ross Jr., Secretary
NOTICE OF VIOLATION
May 6, 2005
CERTIFIED MAIL
RETURN RECEIPT REQUESTED
Bruce Schwartz
1035 W. Corbet Avenue
Swansboro, NC 28584
RE. NOTICE OF VIOLATION AND REQUEST TO CEASE UNAUTHORIZED DEVELOPMENT
CAMA VIOLATION #05-16C
i
Dear Mr. Schwartz:
This letter is in reference to my April 15, 2005 visit onsite Fletcher Bakers property off River Reach Dr., in'.
the White Oak River, near Swansboro in Carteret County, North Carolina. The purpose of the onsite visit]
was to monitor the permitted development of a dock on the aforementioned property within the White Oak1
River.
Information gathered by me for the Division of Coastal Management indicates that you as contractor for:,
Fletcher Baker have violated the terms or conditions of State Permit No. 39368C which was issued to Mr.l
Baker by the Coastal Resources Commission and the North Carolina Department of Environment and,
Natural Resources. I hereby request that you immediately CEASE AND DESIST such violation and';
comply with the terms and conditions of the above permit.
i
I have information that indicates you have undertaken or are legally responsible for the construction of a�
dock ±7' from the riparian corridor line on the aforementioned property. The permit was issued pursuant to'
the submitted, approved and attached plat showing a 12' setback from the northern riparian corridor line
This permit was issued for a CAMA Major Development in an Area of Environmental Concern, in!,
accordance with North Carolina General Statutes (N.C.G.S.) 113A-118. 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 development and contact me about this
matter. 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 $2,500. An injunction or criminal penalty may also be sought to
enforce any violation in accordance with N.C.G.S. 113A-126.
It is the policy of the Coastal Resources Commission to assess a minimum civil penalty $200 against all
400 Commerce Avenue, 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

Bruce Schwartz
May 6, 2005
Page 2 of 2
violations. This is done to recoup some of the costs of investigating the violation and/or to compensate the
public for any damage to its natural resources. Whether a higher amount will be assessed will depend on
several factors, including the nature and area of the resources that were affected and the extent of the
damage to them.
Based upon the North Carolina Administrative Code, Title 15A, Subchapter 7J.0409(f)(4)(F)(ii), the policy of
the Coastal Resources Commission is to levy a civil assessment against contractors in addition to that
assessed against the landowner. Therefore, since this is your second Notice of CAMA Violation in the
same Area(s) of Environmental Concern, you should expect a civil assessment to be levied against you.
The relevant statutes and regulations are available from this office, and I am willing to assist you in
complying with the requirements of these laws. A site inspection will be made in the immediate future to
determine whether this REQUEST TO CEASE AND DESIST has been complied with. I request that you
contact me immediately about these important matters.
Sincerely,
4
Ryan Davenport
Coastal Management Representative
Cc: Ted Tyndall, Assistant Director, DCM
Tere Barrett, District Manager, DCM
Roy Brownlow, Compliance Coordinator, DCM
400 Commerce Avenue, Morehead City, North Carolina 28557
Phone: [phone] \ FAX: [phone] \ Internet: www.nccoastalmanagemerM.net
An Equal Opportunity \ Affirmative Action Employer — 50% Recycled \ 10% Post Consumer Paper

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 I
i
NOTICE OF VIOLATION
May 6, 2005
CERTIFIED MAIL
RETURN RECEIPT REQUESTED
Bruce Schwartz
1035 W. Corbet Avenue
Swansboro, NC 28584
RE. NOTICE OF VIOLATION AND REQUEST TO CEASE UNAUTHORIZED DEVELOPMENT
CAMA VIOLATION #05-16C
Dear Mr. Schwartz:
This letter is in reference to my April 15, 2005 visit onsite Fletcher Bakers property off River Reach Dr.,
the White Oak River, near Swansboro in Carteret County, North Carolina. The purpose of the onsite vi
was to monitor the permitted development of a dock on the aforementioned property within the White 0
River.
Information gathered by me for the Division of Coastal Management indicates that you as contractor for
Fletcher Baker have violated the terms or conditions of State Permit No. 39368C which was issued to Mr!
Baker by the Coastal Resources Commission and the North Carolina Department of Environment and
Natural Resources. I hereby request that you immediately CEASE AND DESIST such violation and
comply with the terms and conditions of the above permit.
I have information that indicates you have undertaken or are legally responsible for the construction of a
dock ±7' from the riparian corridor line on the aforementioned property. The permit was issued pursuant to
the submitted, approved and attached plat showing a 12' setback from the northern riparian corridor line.
This permit was issued for a CAMA Major Development in an Area of Environmental Concern, in
accordance with North Carolina General Statutes (N.C.G.S.) 113A-118. 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 development and contact me about this
matter. 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 $2,500. An injunction or criminal penalty may also be sought to
enforce any violation in accordance with N.C.G.S. 11 3A-1 26.
It is the policy of the Coastal Resources Commission to assess a minimum civil penalty $200 against all
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

Bruce Schwartz
May 6, 2005
Page 2 of 2
violations. This is done to recoup some of the costs of investigating the violation and/or to compensate the
public for any damage to its natural resources. Whether a higher amount will be assessed will depend on
several factors, including the nature and area of the resources that were affected and the extent of the
damage to them.
Based upon the North Carolina Administrative Code, Title 15A, Subchapter 7J.0409(f)(4)(F)(ii), the policy of
the Coastal Resources Commission is to levy a civil assessment against contractors in addition to that
assessed against the landowner. Therefore, since this is your second Notice of CAMA Violation in the
same Area(s) of Environmental Concern, you should expect a civil assessment to be levied against you.
The relevant statutes and regulations are available from this office, and I am willing to assist you in
complying with the requirements of these laws. A site inspection will be made in the immediate future to
determine whether this REQUEST TO CEASE AND DESIST has been complied with. I request that you
contact me immediately about these important matters.
Sincerely,
J. Ryan Davenport
Coastal Management Representative,
Cc: Ted Tyndall, Assistant Director, DCM
Tere Barrett, District Manager, DCM
Roy Brownlow, Compliance Coordinator, DCM
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

DCM ENFORCEMENT TRACKING REPORT
y ^ .0' � Issuer `) _ < [ (Q�
Field Rep. L
�� %%UViolation Base No. , /
A B C D
LPO
Violated Permit No.
LPI (if appiicabie) �-
Violation Description Was activity permittable? Yes / JNI9
Initial Discovery Date L///r/vs Discovery Method
Violation Description p
CO✓Vfrkci 04C dl d, -7f oIT
Respondent Information Prior Violations in same AEC: t;Y No Case Number -01
RespondentName(s) f3rUrr f or c (Landowner/Agen ontract )
Address 103r el Cor-Se-' 41-�- City S&-4njJaru State ZlC Zip Firs<�
Phone # il°?- 3-' 6 — 3-7-7 7 Fax #
Email
Violation Type:
Project Type:
Authorizations Required:
Site Visits Respondent Site Visits Respondent
No Perm t
Priv ommunity
Major CAMA
Present Present
ermCo Condi '
Govt./Public
Minor D&F
//
Y/ ' �[ UJ_ "t/o
Expired Permit
Commercial
General
Inconsistent w/ Rules
Violation Location and Site Description
/ 3 C) / S
Project Location: County �K to ti
Rover File / r
Shoreline Length 6 Z
Street Address/ State Road/ Lot #(s)
SAV:
Not Sure Yes
No
�L,30 Ri"r 6y
Sandbags:
Not Sure Yes
Subdivision (l i 1Rr RC -A all
PNA:
Yes
/�` Adjacent
Adjacent
b
SVA✓`� / u�u ZIP �/
ORW:
Yes
City
Phone # ( )/ River Basin Ci OAA
Crit. Hab,
Photos
Yes
es
No
No
I
Adj. Wtr. Body �-�/�`�'itc Gy IC (r t�i�r' nan /unkn)
Waiver Required
No
Closest Maj. Wtr. Body
1 �
In DWQ Buffer Area es
No
s
Restoration
/ NOV Date Initial Req. Comp. Date 6/6/ v �
� �
Extension Granted
Yes No
Restoration Letter
CNOV Date Date Comp. Observed
Acceptance Date
Penalty Assessment
A.0409 Ref.
Recomm. Assess.
DCM Assess.
Sent to Respondent Date App./Permit Fee
$
$
Rcvd. by Dist. Mgr. Date Penalty
$
$
Assessment Extended Yes No Willful/Intent.
$
$
Continuing
$
$
Other
$
$
Total

r
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: ,
CW ` D PTA ES PIS
OEA HHF IH
PWS: FC:
Other:
Wetlands Impacted? Ye / No If yes, which types:
SA DS C1 SY ® LS TY
SC SP 404
Restoration Required by the Respondent Yes /
S
Dimensions in excess Dimensions to restore Final dimensions Actually restored
of permit/ unauthorized activities allowed
Development Activities
Habitat Description
NOTES:
Closing
Payment Received $
Date
Date Case Closed

13-May-05 NC DIVISION OF COASTAL MANAGEMENT ENFORCEMENT RECORD
!CASE STATUS'
CASE NUMBER LAST NAME FIRST NAME BUSINESS NAME:
0 05-16C ISCHWARTZ BRUCE
CASE IS CLOSED
NOV DATE CLOSURE DATE AFFLILIATION SECTOR Previous Violations in Same AEC
CONTRACTOR : COMMERCIAL n for Similar Activities
5/6/2005 F—
MAILING ADDRESS
CITY STATE
ZIP CODE PHONE NUMBER
1035 W. CORBETT AVE
ISWANSBORO NC
29M4 I
PROPERTY ADDRESS
COMMUNITY
WATERBODY NEAREST ROAD
230 RIVER REACH
SWANSBORO
1WHITE OAK RIVER
DISTRICTOFFICE COUNTY DCM REPRESENTATIVE LPO CONTACT
MHCDO JONSLOW DAVENPORT F_
VIOLATION TYPE
AFFECTED AEC(S) 1 'V CW J; EW YI. PTA ES PTS
MAJOR PERMIT CONDITION VIOLATION OEA [J HHFA IHA PWS J NCRA
NATURE OF VIOLATION AEC DESCRIPTION
Violation of the term or conditions of State Permit No. 39368-C by constructing the dock not consistent with submitted
work plan drawings.
RESTORATION STATUS;
Ll
[/:] RESTORATION NOT REQUIRED - CONTRACTOR
rl RESTORATION NOT REQUIRED - PERMITTABLE DEVELOPMENT
RESTORATION NOT REQUIRED -FURTHER IMPACTS
RESTORATION PENDING
RESTORATION REQUEST DATE COMPLETION DATE
I— I
r� RESTORATION EXTENDED RESTORE DATE
DEADLINE
EXTENDED
REFERRED TO AG'S OFFICE - COLLECTION
REFERRED TO AG'S OFFICE - INJUNCTION
ASSESSMENT DATE PENALTY AMOUNT COLLECTION DATE AMOUNT COLLECTED
(,PENALTY STATUS � 1
PENALTY ISSUED
L PENALTY NOT ISSUED WILLFUL INTENTIONAL PENALTY (MIN. OR DOUBLED) L] 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 (SO. FT.)
AMOUNT OF RESTORED AREA (SQ. FT) I
NOTES
is contractor for Baker, case no. 05-14C

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ICIAL USI
Postage 6 ,3
ceNnea Fee a�r, Return e Fee �•/�`,\
!(Endnt Required)Rssttictetl Delivery Fee
(Endorsement Requirad) , 1
Total Postage 8 Fees $ .�
Bruce Schwartz
1035 W. Corbet Avenue
NC 28584

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N.C. Division of Coastal
400 Commerce Avenw
Morehead City, NC 28
Tel.[phone]
IIII IIIIIIIII 1111111111
Bruce Schwartz
-� 1035 W. Corbet Avenue
Swansboro, NC 28584
OA
C
S
a�
2� AV -
❑ INSUFFII
❑ ATTEMPI '
❑ NO SUCH
❑ NOT DEL
- UNABL

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or on the front if space permits-
1. Article Addressed to:
Bruce Schwartz
1035 W. Corbet Avenue
Swansboro, NC 28584
A. Signature
❑ Agent
X ❑ Addressee
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If YES, enter delivery address below: ❑ No
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2. Article Number 7004 2890 0003 8041 9779
(Transfer from service /abe9
PS Form 3811, February 2004 Domestic Rstwn Receipt to2sssaz M-1sw .