99-51C Sewell

DCM ENFORCEMENT REPORT
r (Use for Waivers)
low,tal,
3'" "Nal/1_
..
Name: UAA Address:
Kf
City: State:Y Zip: c
Countyk) uNearest Water Body: �a� t.�Plane16
WWI
Vio Descp:
Locality:
NOV Sent: z/ Violation: Major: Minor:_ Perm Coni
Restore: Requested: /2o
/Na) (Mo) (Day) (Pr)
Estuary: _ Pub Trst: -�Z. Shoreline: _ Ocean Hz: _ Other:
Wetlands:
(Yu/No)
State Plane Y:
CAMA: t,,� D&F:
Completed: 2 / 103
(MO) (Day) ff )
Pri Nurs: _ ORW:
SA:
DS:
CJ:
SY:
JR:
LS:
TY:
SS:
SC:
SP-.
1F:
BF:
WS:
MF:
TYPE
(AEO
EXCAVATE
(Sq.F[.)
FILLED
(Sq.Ft)
RESTORE
(Sq.F1.)
OTHER
(Sq.Ft.)
******* ASSESSMENT & DISPOSM
Recommended Assmt: References: U Criteria:
Report Rcvd: / / Assessed: $ To AG: / / To Violator:
�j 26 D3 v ��ry
Payment Received: $ i On: 6911-9 / 03 Case Closed: nF /79/43
# Of Violators:
Total Assessment:
Total Received:
REVISED: 12/92

10
NCDENR
North Carolina Department of Environment and Natural Resourc
Division of Coastal Management
Michael F. Easley, Governor Donna D. Moffitt, Director William G.
Mr. Garland Sewell
145 Foster Creek Court
Swansboro, NC 28584
RE: Payment of Proposed Penalty for Violations of the Coastal Area
Committed in Carteret County
CAMA Violation # 99-51C
Dear Mr. Sewell:
This letter will acknowledge receipt of your Check # 23079, in the amount of $1:
08/27/03. Once the amount of the check is credited to the Department of E
Natural Resources' account, this matter will be fully and completely closed.
If you have any further questions concerning this matter, please contact me at
office, [phone].
Sincerely,
M. Ted Tyndall
District Manager
MTT/srk
cc: Roy Brownlow, Compliance Coordinator
Charles S. Jones, Assistant Director
Brad Shaver, Coastal Management Rep.
Henry Wicker, COE
151-B Hwy. 24, Hestron Plaza II, Morehead City, North Carolina 2E
Phone: [phone] FAX: [phone] Internet: http://dcm2.enr.s
An Equal Opportunity 1 Affirmative Action Employer— 50% Recycled 110% Post Consumer
Jr., Secretary
Act,
00, and dated
ironment and
Morehead City

'AUG 2 9 2003
k99-51C
WAIVER OF RIGHT TO ADMINISTRATIVE HEARING
AND 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 $150.00 against me for violation
of the Coastal Area Management Act, NCGS 113A-100 et seq., committed near my property at
168 Cedar Point Boulevard, in Cedar Point, Carteret County, North Carolina. I also
understand that I have a right under G.S. 113A-126(d)(3) and 150B-23 to a quasi-judicial
administrative hearing on the alleged violation and proposed civil penalty.
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 July 8, 1999,
voluntarily waive my legal right to an administrative hearing, and agree to pay the civil
assessment of $150.00. I understand that in doing so, I also hereby foreclose any right of
appeal to the Superior Court of North Carolina.
ADDRESS
TELEPHONE NUMBER

100
NCDENR
North Carolina Department of Environment and Natural
Division of Coastal Mnnagement
Michael F. Easley, Governor Donna D. Moffitt, Director
August 26, 2003
CERTIFIED MAIL
RETURN RECEIPT REQUESTED
Mr. Garland Sewell
145 Foster Creek Ct.
Swansboro, NC 28584
RE: CAMA Violation N99-51C
Dear Mr. Sewell:
William G.
Jr., Secretary
This letter is in reference to the Notice of Violation sent to you on July 8, 1999, for
undertaking unauthorized Major Development at 168 Cedar Point Boulevard, adjacent to the
AIWW, in Cedar Point, Carteret County. This development was associated with1the
construction of your pier in the Estuarine Waters of Bogue Sound. The Estuar
this Bogue Sound is an Area of Environmental Concern (AECs) designated by
Resources Commission. After recent communication with the US Army Corps
finally appears that all restoration requested by the Division of Coastal Manage
successfully completed. As such, please accept my apology for the lateness of
The Coastal Area Management Act provides that a civil assessment of up
may be assessed for any violation. It is the policy of the Coastal Resources Com
assess a civil penalty for all violations. This is done to recover some of the costs
investigating violations and/or to compensate the public for any damage to its nat
resources.
Under the rules of the Coastal Resource Commission rules, a civil penalty
amount of $150.00 is appropriate for this violation. Therefore, I am informally I
$150.00 penalty against you. You may expeditiously resolve the matter at this tit
accepting responsibility for the violation, waiving your right to an administrative
paying the amount proposed above. In order to do this, you must: 1) sign one of
copies of a "Waiver of Right to Administrative Hearing and Agreement to Pay Ci
Assessment", 2) attach a check or money order for $150.00 made payable to the i
Carolina Department of Environment and Natural Resources (DENR); and, 3) ret
signed waiver and payment to this office in the enclosed, self-addressed envelope
(10) days of receipt of this letter. I will deposit your check in the Department's a
issue you a Notice of Compliance officially closing this enforcement action.
151-B Hwy. 24, Hestron Plaza II, Morehead City, North Carolina 28557
Phone: [phone] FAX: [phone] Internet: www.nccoastalmanacen
Waters of
Coastal
Engineers, it
it has been
assessment.
$2500.00
ssion to
in the
roposing a
to by
tearing, and
:he attached
ril
Borth
irn the
mithin ten
:count and
nt.net
An Equal Opportunity 1 Affirmative Action Employer — 50% Recycled 110% Post Consumer Paper

Mr. Garland Sewell
Page 2
August 26, 2003
If you do not send a signed waiver and payment to this office within ten (10) days, the
Director, 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 a remission
of the penalty.
Thank you for your time and cooperation in resolving this matter. If you have any
questions, please do not hesitate to contact me at my Morehead City office 252-808-2808.
Sincerely,
✓v/ Xe
M. Ted Tyndall✓
District Manager
Attachements
cc: Charles S. Jones - Assistant Director, DCM
Roy Brownlow - Compliance Coordinator, DCM
Brad Shaver - Field Representative, DCM
Henry Wicker - USACOE, Wilmington

#99-51C
WAIVER OF RIGHT TO ADMINISTRATIVE HEARING
AND AGREEMENT TO PAY PROPOSED CIVIL ASSESSME T
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 $150.00 against i le for violation
of the Coastal Area Management Act, NCGS 113A-100 et sec., committed near my property at
168 Cedar Point Boulevard; in Cedar Point, Carteret County, North Carolina. also
understand that I have a right under G.S. 113A-126(d)(3) and 150B-23 to a qua i-judicial
administrative hearing on the alleged violation and proposed civil penalty.
In order to resolve this matter with no further action or expense on my p rt, I accept
responsibility for the violation as described in the Notice of Violation letter dated July 8, 1999,
voluntarily waive my legal right to an administrative hearing, and agree to pay tie civil
assessment of $150.00. I understand that in doing so, I also hereby foreclose a y right of
appeal to the Superior Court of North Carolina.
DATE
SIGNATURE
ADDRESS
TELEPHONE

1115,IM
WAIVER OF RIGHT TO ADMINISTRATIVE HEARING
AND 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 $150.00 against me for violation
of the Coastal Area Management Act, NCGS 113A-100 et seq., committed near my property at
168 Cedar Point Boulevard, in Cedar Point, Carteret County, North Carolina. I also
understand that I have a right under G.S. 113A-126(d)(3) and 15OB-23 to a quasi-judicial
administrative hearing on the alleged violation and proposed civil penalty.
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 July 8, 1999,
1
voluntarily waive my legal right to an administrative hearing, and agree to pay the civil
assessment of $150.00. I understand that in doing so, I also hereby foreclose any right of
appeal to the Superior Court of North Carolina.
DATE SIGNATURE
ADDRESS
TELEPHONE NUMBER

[Fwd: garland sewell violation]
Subject: [Fwd: garland sewell violation]
Date: Thu, 03 Jul 2003 15:41:02 -0400
From: Tere Barrett <[e-mail]>
To: Ted Tyndall <[e-mail]>
Still trying. T
Subject: Re: garland sewell violation
Date: Thu, 03 Jul 2003 15:39:43 -0400
From: Tere Barrett <[e-mail]>
To: [e-mail], Rita.H.Shaver@saw02.
Jeff and Rita, Sewell was in'99 and 2000, Bogue Sound, and is in Carteret County.
the hunting easier. Tere
[e-mail] wrote:
Rita, Tere Barrett with CAMA is following up on an old violation we worked on together way h
name is Garland Sewell, and the location is Peter Point (Myrtle Grove Sound or maybe Gree
Hanover County. Could you look it up on RAMS and let me know status and the date it was
out all next week, so if you'd email Ms. Barrett with whatever you find.
Thanks and hope you both have a happy and safe 4th. Jeff
.mil
it might make
in the'90's. The
Sound) in New
A out? I will be
1 of 1 7/7/03 8:54 AM

[.Fwd: garland sewell violation]
Subject: [Fwd: garland sewell violation]
Date: Mon, 04 Aug 2003 09:51:20 -0400
From: Tere Barrett <[e-mail]>
To: Ted Tyndall <[e-mail]>
Subject: RE: garland sewell violation
Date: Mon, 21 Jul 2003 08:14:10 -0500
From: [e-mail]
To: [e-mail]
Tere, sorry for late follow up on this. I actually went back to this property a couple times after
ur initial meeting(s).
After trying a little lobbying for permission to keep it where it was, Mr. Sewell did start actively c
tting the dock back.
He DID have equipment problems, but if I remember right, last time I was there, it was pretty o
vious he had
removed part of the structure and new railings were up. We asked him to send a survey showhig
the final as -built
conditions. He really balked at a price tag of a couple hundred bucks on top of $ spent to short
n the pie so we
never got this survey. Onsite, I couldn't visually tell how close to the channel the new structure
was, so without a,
survey, we left the case open until having to bureaucratically close it for the numbers game. J
ff
-----Original Message -----
From: Tere Barrett [mailto:[e-mail]]
Sent: Tuesday, July 15, 2003 7:46 AM
To: [e-mail]
Subject: Re: garland sewell violation
Yes he was. Rita sent info saying that after not getting compliance, the case wa
closed. We
have subsequently sent assessment to close the case. T
[e-mail] wrote:
Boy, sounds like I REALLY missed this one. As you may be able to tell, I'm trying hafd to blot my
past from my memory. Was Garland the guy building the pier too close to the federal y maintained
waterway, by any chance? If so, I can add addl info, I think. Otherwise, I'm not remen ibering a
thing. Jeff
-----Original Message -----
From: Tere Barrett [mailto:Tere.Barrett(@ncmall. net]
Sent: Thursday, July 03, 2003 3:40 PM
To: Jeffrey. H. Richter@saw02. usace.army.mil; [e-mail] y.mil
Subject: Re: garland sewell violation
Jeff and Rita, Sewell was in'99 and 2000, Bogue Sound, and is in
County. Thought it might make the hunting easier. Tere
[e-mail] wrote:
Rita, Tere Barrett with CAMA is following up on an old violation we worked op
together way back in the '90's. The name is Garland Sewell, and the locatior is Peter
Point (Myrtle Grove Sound or maybe Greenville Sound) in New Hanover County.
Could you look it up on RAMS and let me know status and the date it was cIc sed
1 of 2 1 8,/4/03 10:01 AM

[F, wd: garland sewell violation]
out? I will be out all next week, so if you'd email Ms. Barrett with whatever yoo find.
Thanks and hope you both have a happy and safe 4th. Jeff
2 of 2 8/4/03 10:01 AM

ALA-
NCDENR
North Carolina Department of Environment and Natural Resources
Division of Coastal Management
Michael F. Easley, Governor Donna D. Moffitt, Director William G. Ross Jr., Secretary
July 25, 2003
CERTIFIED MAIL
RETURN RECEIPT REQUESTED
Mr. Garland Sewell
168 Cedar Point Boulevard
Cedar Point, NC 28584
RE: CAMA Violation N99-51C
Dear Mr. Sewell:
This letter is in reference to the Notice of Violation sent to you on July 8, 1999, for
undertaking unauthorized Major Development at 168 Cedar Point Boulevard, adjacent to the
AIWW, in Cedar Point, Carteret County. This development was associated with the
construction of your pier in the Estuarine Waters of Bogue Sound. The Estuarine Waters of
this Bogue Sound is an Area of Environmental Concern (AECs) designated by the Coastal
Resources Commission. After recent communication with the US Army Corps of Engineers, it
finally appears that all restoration requested by the Division of Coastal Management has been
successfully completed. As such, please accept my apology for the lateness of this assessment.
The Coastal Area Management Act provides that a civil assessment of up to $2500.00
may be assessed for any violation. It is the policy of the Coastal Resources Commission to
assess a civil penalty for all violations. This is done 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 rules, a civil penalty in the
amount of $150.00 is appropriate for this violation. Therefore, I am informally proposing a
$150.00 penalty against you. You may expeditiously resolve the matter at this time by
accepting responsibility for the violation, waiving your right to an administrative hearing, and
paying the amount proposed above. In order to do this, you must: 1) sign one of the attached
copies of a "Waiver of Right to Administrative Hearing and Agreement to Pay Civil
Assessment", 2) attach a check or money order for $150.00 made payable to the North
Carolina Department of Environment and Natural Resources (DENR); and, 3) return the
signed waiver and payment to this office in the enclosed, self-addressed envelope within ten
(10) days of receipt of this letter. I will deposit your check in the Department's account and
issue you a Notice of Compliance officially closing this enforcement action.
151-B Hwy. 24, Hestron Plaza II, Morehead City, North Carolina 28557
Phone: [phone] FAX: [phone] Internet: www.nccoastaimanagement.net
An Equal Opportunity 1 Affirmative Action Employer — 50% Recycled 110% Post Consumer Paper

Mr. Garland Sewell
Page 2
July 25, 2003
If you do not send a signed waiver and payment to this office within ten (10) days, the
Director, 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 a remission
of the penalty.
Thank you for your time and cooperation in resolving this matter. If you have any
questions, please do not hesitate to contact me at my Morehead City office 252-808-2808.
Sincerely,
C.� VQ
M. Ted Tyndall
District Manager
Enclosures
cc: Charles S. Jones - Assistant Director, DCM
Roy Brownlow - Compliance Coordinator, DCM
Brad Shaver —Field Representative, DCM
Henry Wicker - USACOE, Wilmington

WAIVER OF RIGHT TO ADMINISTRATIVE HEARING
AND AGREEMENT TO PAY PROPOSED CIVIL ASSESSME.
I understand that the staff of the Department of Environment and
will propose the assessment of a civil penalty in the amount of $150.00 against
of the Coastal Area Management Act, NCGS 113A-100 et sec., committed
#99-51C
Resources
for violation,
my property at,,
168 Cedar Point Boulevard, in Cedar Point, Carteret County, North Carolina. � also
understand that I have a right under G.S. 113A-126(d)(3) and 150B-23 to a
administrative hearing on the alleged violation and proposed civil penalty.
In order to resolve this matter with no further action or expense on my p�rt, I accept
responsibility for the violation as. described in the Notice of Violation letter dated July 8, 1999,
voluntarily waive my legal right to an administrative hearing, and agree to pay
assessment of $150.00. I understand that in doing so, I also hereby foreclose
appeal to the Superior Court of North Carolina.
DATE
SIGNATURE
ADDRESS
TELEPHONE
civil
right of

1i99-51C
WAIVER OF RIGHT TO ADMINISTRATIVE HEARING
AND 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 $150.00 against me for violation
of the Coastal Area Management Act, NCGS 113A-100 et seg., committed near my property at
168 Cedar Point Boulevard, in Cedar Point, Carteret County, North Carolina. I also
understand that I have a right under G.S. 113A-126(d)(3) and 150B-23 to a quasi judicial
administrative hearing on the alleged violation and proposed civil penalty.
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 July 8, 1999,
voluntarily waive my legal right to an administrative hearing, and agree to pay the civil
assessment of $150.00. I understand that in doing so, I also hereby foreclose any right of
appeal to the Superior Court of North Carolina.
DATE
SIGNATURE
ADDRESS
TELEPHONE NUMBER

7/25/2003 I _jPrevious Violations
Division of Coastal Management
Case Number Respondents Last Name
99-51 C Sewell
First Name
Garland
Property Address Township
168 Cedar Point Blvd CedarPoint
Mailing Address City
145 Foster Creek Ct Swansboro
Affiliation
Property Owner
Waterbody Nearest I
AIWW HWy24
State Zip Code Phone Number
NC 28584 [phone]
District Otrice County DCM Representative LPO Contact
M CDH O Carteret Barrett
Notice of Violation Date Case Closure Date *Case is Open
08 Jul 1999 ❑Case is Closed
Violation Type
Major Permit Condition Violation
AEC Type
EW, PTA
SECTOR
Private
CNOV Issued
Referred to AG's Office - Injunction
Referred to AG's Office - Collection
Penalty Appealed
Formal CPA Issued
Nature of Violation
Violation of terms and conditions of state permit no. 021430-C by reconfiguring the docking facility on the west
side of the pier, extending the dock 8' longer than permitted, and added T-head. Design exceeds square
footage limitations. Adjacent property owners not notified.
®Restoration Required Restoration Request Date Extension Request Date
[—]Restoration Not Required - Permittable 26 Jul 1999 ❑Restoration Deadline Extended
❑Restoration Not Required - Contractor Restoration Completion Date
[_]Restoration Not Required - Impacts 1924
17 Ja I LOV3
Assessment Date Initial Assessment Am Assessment Collection Date
Penalty Assessed 25 Jul 2003 $150
❑Penalty Not Assessed
Final Amount Collected F Settled, Agreed upon, or Stipulated Penalty ❑
❑Contractor's First Offense Doubled or Min. Penalty for Willful & Intentional
Violations Involving Adverse Land Disturbing Activity in AEC
Amount of Adversely Disturbed Area (Square Feet)
Amount of Restored Area (Square Feet)
Notes

:.r
a-
WMA
NCDENR
JAMES B. HUNTJR.
GOVERNOR
WAYNE MCDEVITT
SECRETARY
DONNA D. MOFFITT
DIRECTOR
NORTH CAROLINA DEPARTMENT OF
ENVIRONMENT AND NATURAL RESOURCES
DIVISION OF COASTAL MANAGEMENT
CERTIFIED MAIL
RETURN RECEIPT REQUESTED
Mr. Garland Sewell
145 Foster Creek Ct.
Swansboro, NC 28584
RE: VIOLATION OF CAMA MAJOR DE`
CAMA VIOLATION #99-51C
Dear Mr. Sewell:
July 8, 1999
s(S"C1 1 011
)21430-C
4
Information gathered by the NC Division of Coastal Management shows that you have
violated the terms or conditions of State Permit No. 021430-C which was issued to you 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
violations and comply with the terms and conditions of the above permit.
On May 14 / �! �7/°r
construction
County, Norl
Area of Envil
NCGS) 1131 'P a p �eir:ne i/r GGzt�
The permit iS�b
dock with a 7
conjiguratio
For the follov
conditions of
reconfigured
to40;and ci
square footag. MrF9r 9sv193, 19a3 rrvE ruGuzVea proper awacemproperry owner notipcanon,
--_ and has not been authorized:
If the terms and conditions of a permit are not complied with, the permit is null and void
from the date of its issuance. To comply with the terms and conditions of the permit issued
to you, you must: Submit a plat accurately depicting the current proposal, which must
be consistent with 7H .1200, with proper notification from the adjacent riparian
landowners to the new proposal. Provided you intend to cooperate with my request, please
MOREHEAD CITY OFFICE
HESTRON PLAZA If 151-8 HIGHWAY 24 MOREHEAD CITY INC 28S57
PHONE [phone] FAX[phone]
AN EQUAL OPPORTUNITY /AFFIRMATIVE ACTION EMPLOYER - 50% RECYCLED/10% POST -CONSUMER PAPER

—
CAMA AND DREDGE AND FILL
GENERAL
N. 021430 - (*_.
�.
II\
PERMIT
F.
(ate
I '
' rCu�l I
as authorized by the Stale North Carolina
Department of Environment,
L Health. and Natural Resources and Ihe6oastal Resources Commission
O
In an area of environmental concern pursuant to 15A NCAC Y-( ,
p
- if (J ,
%�5
'
/au ��r'r'
F_
Applicant Nm6 "f�!
'-1 II Phone Number
,ta
:Address S �
r�S-E�es.` ('., c li 0• —
^W7
City f ,L_c )Ni.
S I x. s :_ : State �i' . C
Zip
Project Location (County,/� tale Road, Water Body etc.) 't •t s t
.. !(, �� '(Ln to (�JIs- e
Type of Project Activity c L �. �.... __ I •I J
PROJECT DESCRIPTION SKETC ->4_ r 1 a_ I (SCALE: y� )
Pler(dock) lengtls
F : •i- - �•� .. `I �I JI,'�' I I � I I—�E.�=� � ! (74 I
Groin lcneN _`
I! -j
l o
aulkhwd I...N 1I ' 11 - I '1 I I -- I -
re . dhtanca a met.._
L.
I I
Basin, channel dimemians_ �� '1 - �: , I_�... •.�..I I� ._j_ -I .
117
cubic Yarda i I ! '�- I - I ` 4 {
fi t_ ��_I I I � I •� � l .1...� IT I� I
9aatramp dimenslpm I-r I '-- '•n I ' _- I - '--
other F,i L:IL-yvI`.<
JG �.IL �J�+�3C LLl LCi4[if�'a_y[CL �.t L� I I 1
-{-
-.-ISM.:,
This permit is subject to compliance with this application, site
drawing and attached general and specific conditions. Any
.violation of these terms may subject the permittee to a fine,
: Imprisonment or civil action; and may cause the permit to be�
come null and void. F
This permit must be on the project site and accessible to the
permit officer when the project Is Inspected for compliance.
The applicant certifies by signing this permit that 1) this pro'
feet is consistent with the local land use plan and all local
ordinances, and 2) a written statement has been obtained from
adjacent riparian landowners certifying that they have no
objections to the proposed work.
In Issuing this permit the State of North Carolina certifies that
this project Is consistent with the North Carolina Coastal
Management Program.
©e
application fee
X
Q
ca

Garland Sewell
Page 2
July 08, 1999
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.
A civil penalty of up to Twenty -Five Hundred Dollars ($2500.00) may be assessed, or an injunction or
criminal penalty may be sought against any person who violates a CAMA Major Development permit.
It is the policy of the Coastal Resources Commission to assess a minimum civil penalty of One Hundred
Fifty Dollars ($150.00) 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 will depend on several factors, including the nature and area of the resources
which were affected and the extent of the damage to them. If restoration of the affected resources is
requested but is not undertaken or completed satisfactorily, a substantially higher civil penalty will be
assessed and a court injunction will be sought ordering restoration.
I request that you contact me immediately regarding this matter. A site inspection will be made in the
immediate future to determine whether this REQUEST TO CEASE AND DESIST has been complied
with.
Sincerely,
2'�'
�
T. Barrett
Coastal Management Representative
tjb
cc: Charles S. Jones, Assistant. Director
M. Ted Tyndall, District Manager
Jeff Richter, COE
Larry Smith, LPO

.RE: sewell
Subject: RE: sewell
Date: Tue, 8 Jul 2003 12:11:58 -0500
From: [e-mail]
To: [e-mail], [e-mail]
Tere,
Mr. Sewell's file (ID No. 199901448)was retired 2 Aug. 2001 due to length of time elapsed since the c pen date and lack of
activity.
The last entry in the file indicates that Mr. Sewell was in the process of complying, but contractor was having equipment
problems. He was to let Jeff know when work was completed. No indication that it was ever done.
-----Original Message -----
From: Tere Barrett [mailto:Tere.Barretta,ncmail.netl
Sent: Tuesday, July 08, 2003 7:27 AM
To: [e-mail]; Ted Tyndall
Subject: sewell
Rita, thanks for the phone message about Sewell. If you don't mind, I
need something in writing that this file is closed out. E-mail is
fine. Thanks Rita. Tere
I of 1 7/8/03 1:25 PM

Garland•$uel in Swansboro
Subject: Garland Suel in Swansboro
Date: Thu, 20 Apr 2000 07:46:56 -0500
From: 'Richter, Jeffrey H SAW"[e-mail]>
To: [e-mail]
Tere, Don't know if you got this the first time or not. We're havini
trouble with outgoing e-mail. Have been advised that adding the
@exchange is supposed to allow it to get out. Jeff
---------------------- Forwarded by Jeffrey H Richter/CESAW/saw02 on
04/20/2000 08:56 AM ---------------------------
Jeffrey H Richter
04/20/2000 08:28 AM
To: [e-mail]
cc: Ralph H Varnam/CESAW/saw02@CESAW
Subject: Garland Suel in Swansboro
Tere,
Forwarding the following from our Navigation Branch. Mr. Se
authorized by our GP to go to the 80 foot setback but no further. H
has said he doesn't have a problem with allowing floating docks to g
little further and we (Regulatory) don't have jurisdiction over the
vessels.
However (there's always a "however") our GP is pretty straig
forward about the setback line. Anything extending beyond that wouli
to be permitted seperately. Can probably do that pretty easy, espec
since Howard doesn't have a problem. Last time I stopped by Mr. Sew
(I may have talked to you about this) it appeared that all the pilin
not been removed from the area waterward of the setback. If he'prop
floating dock, we would condition any issued permit to require remov
all these pilings. Hope this will help. Jeff (910)
--------------------- Forwarded by Jeffrey H Richter/CESAW/saw02 on
04/20/2000 08:00 AM ---------------------------
Ralph H Varnam
03/03/2000 10:10 AM
To: Jeffrey H Richter/CESAW/saw02@CESAW
cc:
Subject: Garland Suel in Swansboro
---------------------- Forwarded by Ralph H Varnam/CESAW/saw02 on 0:
10:12 AM ---------------------------
James D Jacaruso
03/02/2000 04:45 PM
To: Ralph H Varnam/CESAW/saw02@CESAW
cc:
Subject: Garland Suel in Swansboro
Howard,
Terre Barrett has asked Garland Suel to provide her with a written
from the Corps that allows for his floating dock and/or stern of h
extend out past the 80 foot setback on the AIWW in Cedar Point.
I told him you would get whatever was necessary to Terre.
is
out a
i have
.ally
:11's,
Is have
>ses a
11 of
'51-4636
/2000
=atement
boat to
I of 2 10/24/00 10:44 AM

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zoo/Too'a T£oT# Nol9NIN7IM czvsn SzobTGFOTi6 ZO:LT 6661,6Z"Inf

Tere
Follow up to my earlier fax re: Garland Sewell's pier.
Raleigh Bland in Washington had a very good observation in
that our General Permit does NOT authorize any structu e
waterward of the AIWW setback. Therefore, we can not over
Mr. Sewell's proposal under our GP. He'll need to cut off
at the 80 foot setback. If he has no water, then we'lii
consider looking at a floating structure waterward of �he
80 foot setback, but will have to go thru an•IP type review
and will do this only after the violation is resolved. if
he can prove lack of water, we'll be VERY Critical in bur
review.
Thanks, Jeff
Zoo/Zo0'a TEOT#
NOI9NIN7IM Q3NSn 9ZOCT4ZOT6 ZOLT 666T,6Z'�nr

Garland Suel in Swansboro
Subject: Garland Suel in Swansboro
Date: Thu, 20 Apr 2000 07:46:56 -0500
From: 'Richter, Jeffrey H SAW" <[e-mail]>
To: [e-mail]
Tere, Don't know if you got this the first time or not. We're having
trouble with outgoing e-mail. Have been advised that adding the
@exchange is supposed to allow it to get out. Jeff
-------------- Forwarded by Jeffrey H Richter/CESAW/saw02 on
04/20/2000 08:56 AM ---------------------------
Jeffrey H Richter
04/20/2000 OB:28 AM
To: [e-mail]
CC: Ralph H Varnam/CESAW/saw02@CESAW
Subject: Garland Suel in Swansboro
Tere,
Forwarding the following from our Navigation Branch. Mr. Sewell is
authorized by our GP to go to the 80 foot setback but no further. HgWard
has said he doesn't have a problem with allowing floating docks to gd out a
little further and we (Regulatory) don't have jurisdiction over the cocked
vessels.
However (there's always a "however") our GP is pretty straight
forward about the setback line. Anything extending beyond that woul have
to be permitted seperately. Can probably do that pretty easy, especially
since Howard doesn't have a problem. Last time I stopped by Mr. Sew ll's,
(I may have talked to you about this) it appeared that all the pilings have
not been removed from the area waterward of the setback. If he propolses a
floating dock, we would condition any issued permit to require remov�l of
all these pilings. Hope this will help. Jeff (910) 51-4636
--------------------- Forwarded by Jeffrey H Richter/CESAW/saw02 on
04/20/2000 08:00 AM ---------------------------
Ralph H Varnam
03/03/2000 10:10 AM
To: Jeffrey H Richter/CESAW/saw02@CESAW
cc:
Subject: Garland Suel in Swansboro
----------------------Forwarded by Ralph H Varnam/CESAW/saw02 on 03I03/2000
10:12 AM -------------- -------
James D Jacaruso
03/02/2000 04:45 PM
To: Ralph H Varnam/CESAW/saw029CESAW
CC:
Subject: Garland Suel in Swansboro
Howard,
Terre Barrett has asked Garland Suel to provide her with a written sl
from the Corps that allows for his floating dock and/or stern of his
extend out past the 80 foot setback on the AIWW in Cedar Point.
I told him you would get whatever was necessary to Terre.
boat to
I of 2 1 4/20/2000 10:52 AM

Garland Suel in Swansboro
Thanks,
Jim Jacaruso
2 of 2 4/20/2000 10:53 AM

U.S. ARMY CORPS OF ENGINEERS
Wilmington District
Action ID: `-l"I-1 C) County: ClarTGf�.
Notification of Unauthorized Activity/Permit Noncompliance
Respons.
Address
Telephone Number1910i 3A(9- 1�1
Size and Location of PrgZerty (include
name/number, town, etc.)
Description of Unauthorized Activity/Permit Noncompliance Cor%sfiPVC-:'w^ or -Dmr
Indicate which of the following apply:
Unauthorized Activity ,"'River & Harbor Act, Section 10 (33 USC 403)
Noncompliance with Permit Clean Water Act, Section 301 (33 USC 1311)
Unless you have a Department of the Army permit for the above- described activity, it is a violation of federal law
as specified above. You have agreed to do no further work in waters or wetlands without the required Department
of the Army permit. Any further unauthorized work in waters or wetlands will be considered an intentional
violation of federal law.
If you do no further work in waters or wetlands, and perform the remedial action requested below, the Corps of
Engineers will take no further action in this matter. If you continue to work in waters and wetlands without the
required authorization, and/or fail to perform the requested remedial action, the Corps will take further
administrative action, and may request the U.S. Attorney to file suit against you. If you need further information
about tthe Corps of, fEngineers regulatory program, please contact
�e'h 1 13Nk�r —at LGlq) "BSI- t-1ln3CP
Remedial Action Requested
Your signature acknowledges receipt of this notification.
Property Owner/Responsible Party Signatur
Project Manager Signature 4444,,C=4 j
Date JJL 1g 14oiot
WETLAND DELINEATION FORM MUST BEATTACHED TO THE YELLOW (FILE) COPY OF THIS FORM.
CESAW Fo m 6W
1 ocr 92

NCDENR
North Carolina Department of Environment and Natural Resources
Division of Coastal Management
Michael F. Easley, Governor Donna D. Moffitt, Director William G. Ross Jr., Secretary
CERTIFIED MAIL
RETURN RECEIPT REQUESTED October 22, 2001
Mr. Garland Sewell
145 Foster Creek Ct.
Swansboro, NC 28584
RE: CAMA Violation #99-51C
Dear Mr. Sewell:
This letter is in reference to the Notice of Violation sent to you on July 8, 1999, for
undertaking unauthorized Major Development at 168 Cedar Point Boulevard, adjacent to the
AIWW, in Cedar Point, Carteret County. This development was associated with the
construction of your pier in the Estuarine Waters of Bogue Sound. The Estuarine Waters of
this Bogue Sound is an Area of Environmental Concern (AECs) designated by the Coastal
Resources Commission. All restoration requested by the Division of Coastal Management has
been successfully completed. I do apologize for the lateness of this assessment.
The Coastal Area Management Act provides that a civil assessment of up to $2500.00
may be assessed for any violation. It is the policy of the Coastal Resources Commission to
assess a civil penalty for all violations. This is done to recover some of the costs of
investigating violations and/or to compensate the public for any damage to its natural
resources.
Under Coastal Resource Commission rules, a civil penalty in the amount of $150.00 is
appropriate for this violation. In order to expeditiously resolve the matter, you may accept
responsibility for the violation, waive your right to an administrative hearing, and pay the
amount proposed above. I am enclosing two (2) copies of a "Waiver of Right to
Administrative Hearing and Agreement to Pay Civil Assessment". If you understand the
proposed assessment and wish to pay, you should: 1) sign one of the attached waivers; 2)
include a check or money order for $150.00 made payable to the North Carolina Department
of Environment and Natural Resources (DENR); and, 3) return the signed waiver and payment
to this office in the enclosed, self-addressed envelope within ten (10) days of receipt of this
letter. Once your check or money order is credited to the Department's account, you will be
notified of your compliance and the closure of this enforcement action. If you do not respond
within ten (10) days of receipt of this notice, I will issue a civil penalty assessment which you
may appeal by filing a petition for a hearing with the Office of Administrative Hearing.
151-B Hwy. 24, Hestron Plaza II, Morehead City, North Carolina 28557
Phone: [phone] FAX: [phone] Internet: hftp://dcm2.enr.state.nc.us
An Equal Opportunity1 Affirmative Action Employer— 50% Recycled 110% Post Consumer Paper

Mr. Garland Sewell
Page 2
October 22, 2001
Thank you for your time and cooperation in resolving this matter. If yot have any
questions, please do not hesitate to contact me at my Morehead City office 252- 08-2808.
Sincerely,
M. Ted Tyndall
District Manager
Enclosures
cc: Charles S. Jones - Assistant Director, DCM
Scott Jones - Compliance Coordinator, DCM
Tere Barrett - Field Representative, DCM

#99-51C
WAIVER OF RIGHT TO ADMINISTRATIVE HEARING
AND AGREEMENT TO PAY PROPOSED CIVIL ASSESSME.
I understand that the staff of the Department of Environment and Natura Resources
will propose the assessment of a civil penalty in the amount of $150.00 against trte for violation
of the Coastal Area Management Act, NCGS 113A-100 et seq., committed on cr near my
property at 168 Cedar Point Boulevard, in Cedar Point, Carteret County, North Carolina. I
also understand that I have a right under G.S. 113A-126(d)(3) and 150B-23 to a quasi-judicial
administrative hearing on the alleged violation and proposed civil penalty.
In order to resolve this matter with no further action or expense on my
responsibility for the violation as described in the Notice of Violation letter dat
voluntarily waive my legal right to an administrative hearing, and agree to pay
assessment of $150.00. I understand that in doing so, I also hereby foreclose
appeal to the Superior Court of North Carolina.
DATE
SIGNATURE
ADDRESS
TELEPHONE
•t, I accept
July 8, 1999,'
civil
y right of

e
N99-51C
WAIVER OF RIGHT TO ADMINISTRATIVE HEARING
AND 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 $150.00 against r�a for violation
of the Coastal Area Management Act, NCGS 113A-100 et sue, committed on o� near my
property at 168 Cedar Point Boulevard, in Cedar Point, Carteret County, NorthlCarolina. I
also understand that I have a right under G.S. 113A-126(d)(3) and 150B-23 to al quasi-judicial
administrative hearing on the alleged violation and proposed civil penalty.
In order to resolve this matter with no further action or expense on my p' rt, I accept
responsibility for the violation as described in the Notice of Violation letter dated July 8, 1999,
voluntarily waive my legal right to an administrative hearing, and agree to pay te civil
assessment of $150.00. I understand that in doing so, I also hereby foreclose a4y right of
appeal to the Superior Court of North Carolina.
DATE
SIGNATURE
ADDRESS
TELEPHONE

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July 29, 1999
Regulatory Division
Action ID No. 19990144E
MFR: Garland Sewell pier on AIWW (Bogue Sound), 168
Point Blvd., Cedar Point in Carteret County, NC.
1. Met Mr. Sewell yesterday and discussed Corps setback
policy re: AIWW. Advised him that an ATF permit is very
unlikely as the policy provides for the facility and safety
of channel maintenance. However, the issue of floating,
structures was raised. I have dealt with this issue before
and I advised Mr. Sewell that I'd ask 'Howard Varnam.
2. Mr. Sewell faxed copy of permit and survey by Pa e
Phillips showing the setback and how far over the se back
the existing structure is. I discussed with Howard nd the
attached e-mail summarizes our resolution.
3. I will advise Mr. Sewell that the 'pier must be rf
but upon completion of the violation resolution, we
entertain authorizing floating structures extending t
maximum of 20 feet waterward of the setback line. W:
coordinate closely with CAMA. Plans and surveys muss
provided for approval by Howard and as a means for h:
map the completed structure.
Jeff Richter
Project Manager
Wilmington Field Office
v vau,
11
1
be
to
b00/Zo0'd 6ZOT# NOI9KINUM azygn 9Z06TGZ076 ¢J:OT 666T,6Vr1=

! ?" ,, Jeffrey H Richter
o7129/99 00:50 AM
r
To: Allen S Davis/CF$AW/ssw02@CE$AW, Scott C McLendon/CESAW/saw02QCESAW.
$ug9/CE8AW/sew02®CESAW, David L Timpy/CESAWIsawO2@CESAW
cc: Raleigh W Bland/CESAW/saw02(dCE8AW
Subject: Pier set-baoks
I have a situation (in coordination with my good pal Mickey) where a guy has cons
about 25 feet across the 80' AIW W setback. He's been advised, and is agreeable, that the
removed back to the 80 foot mark. He asked about the possibility of having a floating stru
beyond this 80 foot mark. I asked Howard Varnam about floating structures, having had s
Involvement with them on the Wilmington Rlverfront, Howard says that floating structures
setback area are no problem because there are no pilings to "anchor" the structure. Howe
property owner must be advised that any thing extending past this 80 foot setback may be
dredgers. If damage occurred, no compensation would be provided. There's no guarante
advance warning as to when dredgers will be in a particular stretch of the AI W W-
As a kind of rule of thumb, Howard and I agreed that a floating structure extendinc
beyond the 80 foot line would be okay, provided the owner (and any permit)'is warded so I
possibility of damage is clearly stated. In addition, Howard requested that he be allowed t
one before Issuance (there may be some exceptions to this rule of thumb, especially in pa
AIWW that are tricky to maintain). In addition, Howard will want a survey showing flnlshei
he can plot It on his maps.
Thanks, Jeff
P,ckey T
cited a pier
pier must be
lure extend
met
oing into the
er, the
amaged by
of any
up to 20 feet
at the
okay each
s of the
product. so
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9/2/2003
Division of Coastal Management ❑Previous violations
Case Number Respondents Last Name First Name
99-51C Sewell garland
Property Address Township
168 Cedar Point Blvd Cedar Point
Mailing Address
1145 Foster Creek Ct
City
rwansboro
Affiliation
Property Owner
SECTOR
Private
Waterbody
Nearest Road
AIWW
jHwy24
State Zip Code
Phone Number
INC 28584
[phone]
District Office County DCM Representative LPO Contact
MHCDO Carteret Barrett
Notice of Violation Date Case Closure Date
08 Jul 1999 29 Aug 2003
Violation Type
Major Permit Condition Violation
Nature of Violation
OCase is Open
*Case is Closed
AEC Type
EW, PTA
❑CNOV Issued
❑Referred to AG's Office - Injunction
❑Referred to AG's Office - Collection
❑Penalty Appealed
❑Formal CPA Issued
Violation of terms and conditions of state permit no. 021430-C by reconfiguring the docking facility on the west
side of the pier, extending the dock 8' longer than permitted, and added T-head. Design exceeds square
footage limitations. Adjacent property owners not notified.
[KRestoration Required Restoration Request Date Extension Request Date
❑Restoration Not Required - Permittable j 26 Jul 1999 ❑Restoration Deadline Extended
❑jRestorafion Not Required - Contractor Restoration Completion Date
❑Restoration Not Required - Impacts 1 17 Jul 2003
Assessment Date Initial Assessment Am Assessment Collection Date
Penalty Assessed —
25 Jul 2003 I $150 29 Aug 2003
❑Penalty Not Assessed
[_]Contractor's First Offense Final Amount Collected $150 ❑Settled, Agreed upon, or Stipulated Penalty
❑Doubled or Min. Penalty for Willful & Intentional
C)Uncollectible Penalty
Violations Involving Adverse Land Disturbing Activity in AEC
Amount of Adversely Disturbed Area (Square Feet)
Amount of Restored Area (Square Feet)
Notes

UNITED STATES POSTAL SERVICE I I I II First -Glass UMail
POS18ge & G-10 Fees Paid
SPS
Permft No.
0 Sender: Please print your name, address, and ZIP+4 in this box 0
NC CNISION 0 ' F COASTAL MANAGEMENT
HESTRON PLAZA 11, 151-6, H%)Y 24
MOREHEAD CITY, NC 28557
[phone]

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item 4 if Restricted Delivery is desired.
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If YES, enter delivery address below: <No
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Stick postage stamps to article to cover First -Class postage, certified mail fee, and
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