15-10C Shelton

Pat McCrory
Governor
March 30, 2015
Mr. George Shelton
P.O. Box 356
Beaufort, N.C. 28516
67�
NC®ENR
North Carolina Department of Environment and Natural Resou
Division of Coastal Management
Braxton C. Davis
Director
RE: Payment of Proposed Penalty for Violations of the Coastal Area
Carteret County
CAMA Violation # 15-01C
Dear Mr. Shelton:
This letter will acknowledge receipt of your Check # 976, in the amount of $829.00, ann
Once the amount of the check is credited to the Department of Environment and at
this matter will be fully and completely closed.
If you have any further questions concerning this matter, please contact me at my
808-2808.
Sincerely,
I
Roy Bro ow
District Manager
RB//rcb
Cc: Brad Connell, Coastal Management Rep.
Tyler Crumbley, COE
400 Commerce Ave., Morehead City, NC 28557
Phone: [phone] FAX: [phone] Internet: www.nocoastalmanagement.net
R. van der Vaart
Secretary
Act, Committed in
ted March 27, 2015.
Resources' account,
City office at (252)
An Equal opportunity 1 Affirmative Action Employer

Mr. George Shelton
March 12, 2015
Page 3 of 3
CAMA VIOLATION #15-01 C
MR. GEORGE SHELTON
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 $829 against me for violation of the Coastal Area Management
Act, NCGS 113A-100 et seq, committed on or near property located at 768 Berrys Creek Road, Memimom, in
Carteret 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 January 06, 2015, and
agree to pay the proposed civil assessment of $829.
--a5j�r)
DATE
SIGNATURE
-106 K94-q sC(m k pJ
ADDRESS
` q 1 Z
TELEPHONE NUMBER
RECEIVED
MAR 97 2015
W(; MHO CITY
Arct— $aC1
400 Commerce Ave., Morehead City, NC 28557
Phone: [phone] FAX: [phone] Internet: www.ncooastalmanagement.net
An Equal Opportun41 Atfinative Action Employer

SECTION .1600 - GENERAL PERMIT FOR THE INSTALLATION OF AERIAL AND SUBAQUEOUS
UTILITY LINES WITH ATTENDANT STRUCTURES IN COASTAL WETLANDS: ESTUARINE WATERS:
PUBLIC TRUST WATERS AND ESTUARINE SHORELINES
15A NCAC 07H 1601 PURPOSE
A permit under this Section shall allow for the installation of utility lines both aerially and subaqueously in the coastal
wetland, estuarine water, public trust areas and estuarine and public trust shoreline AECs according to the authority provided
in Subchapter 7J .1100 and according rules in this Section. This general permit shall not apply to the ocean hazard AECs.
History Note: Authority G.S. 113-229(cl); 113A-107(a)(b); 113A-113(b); 113A-118.1;
Eff. March 1, 1985;
Amended Eff. August 1, 2000; August 1, 1998.
15A NCAC 07H .1602 APPROVAL PROCEDURES
(a) The applicant must contact the Division of Coastal Management and complete an application form requesting approval for
development. The applicant shall provide information on site location, dimensions of the project area, and his name and
address.
(b) The applicant must provide:
(1) confirmation that a written statement has been obtained signed by the adjacent riparian property owners
indicating that they have no objections to the proposed work; or
(2) confirmation that the adjacent riparian property owners have been notified by certified mail of the proposed
work. Such notice should instruct adjacent property owners to provide any comments on the proposed development
in writing for consideration by permitting officials to the Division of Coastal Management within ten days of receipt
of the notice, and, indicate that no response will be interpreted as no objection. DCM staff will review all comments
and determine, based on their relevance to the potential impacts of the proposed project, if the proposed project can
be approved by a General Permit. If DCM staff finds that the comments are worthy of more in-depth review, the
applicant will be notified that he must submit an application for a major development permit.
(c) No work shall begin until an on -site meeting is held with the applicant and appropriate Division of Coastal Management
representative so that the utility line alignment can be appropriately marked. Written authorization to proceed with the
proposed development will be issued during this visit. Construction on the utility line must begin within twelve months of this
visit or the general authorization expires.
History Note: Authority G.S. 113A-107(a)(b); 113A-113(b); 113A-118.1; 113A-229(cl);
Eff. March 1, 1985;
Amended Eff. January 1, 1990.
15A NCAC 07H .1603 PERMIT FEE
The applicant shall pay a permit fee of four hundred dollars ($400.00) by check or money order payable to the Department.
History Note: Authority G.S. 113-229(cl); 113A-107; 113A-113(b); 113A-118.1; 113A-119; 113A-119.1;
Eff. March 1, 1985;
Amended Eff. September 1, 2006; August 1, 2000; March 1, 1991.
15A NCAC 07H .1604 GENERAL CONDITIONS
(a) Utility lines for the purpose of this general permit or any pipes or pipelines for the transportation of potable water,
domestic sanitary sewage, natural gas, and any cable, line, or wire for the transmission, for any purpose, of electrical energy,
telephone and telegraph messages, and radio and television communication.
(b) There must be no resultant change in preconstruction bottom contours. Authorized fill includes only that necessary to
backfrll or bed the utility line. Any excess material must be removed to an upland disposal area.
(c) The utility line crossing will not adversely affect a public water supply intake.
(d) The utility line route or construction method will not disrupt the movement of those species of aquatic life indigenous to
the waterb'ody.
(e) Individuals shall allow authorized representatives of the Department of Environment, Health, and Natural Resources to
make periodic inspections at any time necessary to ensure that the activity being performed under authority of this general
permit is in accordance with the terms and conditions prescribed herein.
(f) This general permit will not be applicable to proposed construction where the Department has determined, based on an
initial review of the application, that notice and review pursuant to G.S. 113A-119 is necessary because there are unresolved
54

questions concerning the proposed activity=s impact on adjoining properties or on water quality; air quality; coastal wetlands;
cultural or historic sites; wildlife; fisheries resources; or public trust rights.
(g) This permit does not eliminate the need to obtain any other required state, local, or federal authorization, nor, to abide by
regulations adopted by any federal or other state agency.
(h) Development carried out under this permit must be consistent with all local requirements, AEC guidelines, and local Land
Use Plans current at the time of authorization.
History Note: Authority G.S. 113-229(cl); 113A-107(a)(b); 113A-113(b); 113A-118J;
Eff. March 1, 1985;
Amended Eff. hl1ay 1, 1990;
RRC Objection due to ambiguity Eff. May 19, 1994;
Amended Eff. August 1, 1998; July 1, 1994.
15A NCAC 07H .1605 SPECIFIC CONDITIONS
Proposed utility
line installations must meet each of the followidg specific conditions to be eligible for authorization by this
general permit:
(1)
All domestic sanitary sewer line requests must be accompanied by a statement of prior approval from the
NC Division Water Quality.
(2)
All spoils which are permanently removed must be placed on a high ground disposal site and stabilized so
as not to return to waters, match or other wetlands.
(3)
Any additional backfill material required must be clean sand or rock free of organic matter.
(4)
Cuts through wetlands must be minimized.
(5)
Finished grades or subaqueous or wetland crossing must be returned to preproject contours.
(6)
There can be no work within any productive shellfish beds.
(7)
No excavation or filling activities will be permitted between April 1 and September 30 of any year within
any designated primary nursery area.
(8)
Subaqueous lines must be placed at a depth of six feet below the project depth of federal projects. In other
areas they will be installed at a minimum depth of two feet below the bottom contour.
(9) .
The minimum clearance for aerial communication lines or any lines not transmitting electricity will be 10'
above the clearance required for bridges in the vicinity.
(10)
The minimum clearance for aerial electrical transmission lines shall be consistent with those established by
the US Army Corps of Engineers and US Coast Guard.
(11)
The installation of a utility line on pipe bents or otherwise above the elevation of mean high or mean
ordinary water must be of sufficient height to allow for traditional navigation in the water body.
Additionally the utility line must not interfere with the waterflow of normal or flood waters.
---------------- 12
Natural- aslines-must-notexceed-l-h-inches-in-diameter---•-----__�.�____.�.—_._____.._...—__
History Note:
Authority G.S. 113-229(cl); 113A-107(a)(b); 113A-113(b); 113A-118.1;
Eff. March 1, 1985;
Amended Eff. August 1, 1998.
55

AVA
NCDENR
North Carolina Department of Environment and Natural Resources
Pat McCrory
Governor
March 12, 2015
CERTIFIED MAIL 70131710 0002 0896 3312
RETURN RECEIPT REQUESTED
Mr. George Shelton
P.O. Box 356
Beaufort, INC 28516
RE: CAMA VIOLATION #15-01 C
Dear Mr. Shelton:
Donald R. van der Vaart
Secretary
This letter is in reference to the Notice of Violation dated January 06, 2015 that Mr. Brad Connell, representative
for the Division of Coastal Management, issued to you for filling coastal wetlands at 768 Berrys Creek Road,
Merrimon, Carteret County. The violation involved Coastal Wetlands, which is an Area of Environmental
Concern designated by the Coastal Resources Commission.
The Coastal Area Management Act provides that a civil assessment of up to $10,000 plus investigative costs
may be assessed rfor any violation. It is the policy of the Coastal Resources Commission to assess a civil
penalty for all violations in order to recover some of the costs of investigating violations and/or to compensate
the public for any damage to its natural resources.
Under the rules of the Coastal Resources Commission, a proposed civil penalty in the amount !ff $8 5 plus $54
investigative costs, for a total of $829, is appropriate for this violation. You may expeditiously resoVe 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 $829 made payable to the North Carolina
Department of Environment and Natural Resources (NCDENR); and, (3) return the signed agreement and
payment to this office in the enclosed, self-addressed envelope within ten (10) days of your receipt of this letter.
Upon deposit of your check in the Department's account, you will receive a Notice of Compliance officially
closing this enforcement action.
If you do not send a signed agreement and payment to this office within ten (10) days, the Director of the
Division of Coastal Management will formally assess a civil penalty against you. You will then have the
opportunity to request a hearing on the penalty or request settlement of the penalty.
400 Commerce Ave., Morehead City, NC 28557
Phone: [phone] FAX: [phone] Internet: www.nccoastalmanagement.net
An Equal Opportunity 1 Affirmative Action Employer

i
Mr. George Shelton
March 12, 2015
Page 2 of 3
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] extension 217.
Sincerely,
Roy Brownlow
District Manager
Division of Coastal Management
Enclosures
cc: Brad Connell, Coastal Management Representative, DCM
400 Commerce Ave., Morehead City, NC 28557
Phone: [phone] FAX: [phone] Internet: www.nccoastalmanagement.net
I
An Equal Opportunity \ Arfnnalive Action Employer

f
Mr. George Shelton
March 12, 2015
Page 3 of 3
CAMA VIOLATION #15.01C
MR.GEORGESHELTON
AGREEMENT TO PAY PROPOSED CIVIL ASSESSMENT
I understand that the staff of the Department of Environment and Natural Resource
assessment of a civil penalty in the amount of $829 against me for violation of the Coast:
Act, NCGS 113A-100 et seq, committed on or near property located at 768 Berrys Creek
Carteret County, North Carolina. In order to resolve this matter with no further action or e;
accept responsibility for the violation as described in the Notice of Violation letter. dated Ja
agree to pay the proposed civil assessment of $829.
DATE
SIGNATURE
ADDRESS
TELEPHONE NUMBER
400 Commerce Ave., Morehead City, NC 28557
Phone: [phone] FAX: [phone] Internet: www.nccoast
will propose the
Area Management
oad, Merdmom, in
ense on my part, I
jary 06, 2015, and
An Equal Opportunity 1 Af irma6ve Action Employer

Mr. George Shelton
March 12, 2015
Page 3 of 3
CAMA VIOLATION #15.01C
MR. GEORGE SHELTON
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 $829 against me for violation of the Coastal Area Management
Act, NCGS 113A-100 et seq, committed on or near property located at 768 Berrys Creek Road, Merrimom, in
Carteret 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 January 06, 2015, and
agree to pay the proposed civil assessment of $829.
DATE
SIGNATURE
ADDRESS
TELEPHONE NUMBER
400 Commerce Ave., Morehead City, NC 28557
Phone: [phone] FAX: [phone] Internet: www.ncooastalmanagement.net
An Equal Opportunity 1 ARrmalive Action Employer

M
Mason, Connie W
From: Davis, Braxton C
Sent: Friday, January 02, 2015 12:05 PM
To: [e-mail]
Cc: Bruce Siceloff; Walter Phillips; Frank Gorham; [e-mail] ;
[e-mail]; [e-mail]; NealAndrew [e-mail];
[e-mail]; [e-mail]; CPSS/Sc Larry Baldwin;
[e-mail]; [e-mail]; [e-mail]; Zack
Taylor; Russell Overman
Subject: RE: CRC SP Report on SLR
Mr. Price,
Thank you for your email and I apologize for any confusion. At the time o your call I
personally did not have the latest draft of the report. Also, with the ho idays, some key
staff were on leave at the time you called, so we were not able to immedi tely provide the
latest pre-release draft document. I understand that our receptionist inf rmed you that there
was not any official public release of the document this week - we are fo lowing a process
and timeline established by the Coastal Resources Commission, as described on our website
(http://portal.ncdenr.org/web/cm/sea-level-rise-study-update), which incl des the submission'
of the pre-release draft for peer review by Drs. Dean and Houston on December 31, 2104. The
final draft report, along with the peer review and any formal responses f om the CRC Science
Panel, will be released for public comments by March 31, 2015.
In accordance with the NC public records law, anyone can request the late$'t draft document
from our staff or Science Panel members. However, the document is still considered a pre-
release draft until the Science Panel completes its work, the peer review process has been
carried out, public comments have been received and considered, and the C mmission determines
that the process and charge they developed for the study were adhered to. If you would still
like an electronic copy of the latest pre-release draft, I can forward th t along to you
today.
I hope this helps clarify the process, and please let me know if you have
questions.
Braxton
------------------
Braxton Davis
Director, NC Division of Coastal Management
400 Commerce Avenue
Morehead City, NC 28557
[phone] ext. 202
Please visit www.nccoastalmanagement.net to subscribe to Coastal Man
newsletter, the CAMAgram.
E-mail correspondence to and from this address is subject to the North Ca
Records Law and may be disclosed to third parties.
-----Original Message -----
From: billprice2ll2(lacenturylink.net[mailto:BillPrice2ll2(dcenturvlink.n
Sent: Friday, January 02, 2015 11:47 AM
To: Davis, Braxton C
Cc: Bruce Siceloff; Walter Phillips; Frank Gorham; cahooncrc(aamail.com;
johnsnipescrc(@gmail.com; greelewisCRCoec.rr.com; NealAndreWCRCQgmail.cc
any additional
is quarterly
Public
a�
1

[e-mail]; isimmons.crc(dmmc-nc.com; CPSS/Sc Larry Baldwin;
[e-mail]: [e-mail]; dorseyCRC(@bhi
USLA Allies; Russell Overman
Subject: CRC SP Report on SLR
Mr. Braxton Davis Director Dept. of Coastal Management
CC : Bruce Siceloff
Costal Resources Commission Board
Frank Gorham <franksorhamCRC(algmail.com>
cahooncrc(@gmail.com
[e-mail]
RreslewisCRC@ec,rr.com
[e-mail]
[e-mail]
[e-mail]
CPSS/Sc Larry Baldwin <[e-mail]>
[e-mail]
Billwhite460centurylink.net
[e-mail]
Walter Phillips - Editor Carteret News Times
Zack Taylor - NC 20
Carteret County Commissioners
USLand Alliance.US Allies
Mr. Davis,
As you know, I called the DCM office December 31, 2014 (Wednesda
asked if the CRC Science Panel Report on Sea Level had been received by
could get a Copy.
A person on your staff spoke with you, and then told me no one wa
could give me a copy and that the Report would not be available until Ma
Based on the subjoined News and Observer link, Mr. Bruce Siceloff,
for reporting favorably on all Science Panel actions, wrote an article
same day.
As I understand that the Report is public information, I would ver
Copy of the Report, and find it most disturbing that the media can be pr
information and the public is barred.
Thank you,
Bill Price [e-mail] 336-214-2676
Zack Taylor;
afternoon and
office, and if I
in the office that
reporter well know
the Report that
much appreciate a
ided with such
2

mo
RE
North Carolina Department of Environment and Natural
Pat McCrory
Governor
March 12, 2015
CERTIFIED MAIL 70131710 0002 0896 3312
RETURN RECEIPT REQUESTED
Mr. George Shelton
P.O. Box 356
Beaufort, NC 28516
RE: CAMA VIOLATION #15-01 C
Dear Mr. Shelton:
Donald R. van der Vaart
Secretary
This letter is in reference to the Notice of Violation dated January 06, 2015 that Mr. Brad Cotinell, representative
for the Division of Coastal Management, issued to you for filling coastal wetlands at 768 Berrys Creek Road,
Merrimon, Carteret County. The violation involved Coastal Wetlands, which is an Are of Environmental
Concern designated by the Coastal Resources Commission.
The Coastal Area Management Act provides that a civil assessment of up to $10,000 f
may be assessed' for any violation. It is the policy of the Coastal Resources Commi:
penalty for all violations in order to recover some of the costs of investigating violations
the public for any damage to its natural resources.
Under the rules of the Coastal Resources Commission, a proposed civil penalty in the amoi
investigative costs, for a total of $829, is appropriate for this violation. You may expeditious)
prior to the assessment of a formal civil penalty by accepting responsibility for the viola
amount proposed above. In order to do this, you must: (1) sign one of the attached copies
Pay Civil Assessment;" (2) attach a check or money order for $829 made payable to
Department of Environment and Natural Resources (NCDENR); and, (3) return the sigl
payment to this office in the enclosed, self-addressed envelope within ten (10) days of your
Upon deposit of your check in the Department's account, you will receive a Notice of
closing this enforcement action.
investigative costs
i to assess a civil
/or to compensate
nt of $875 plus $54
resolve this matter
ion and paying the
rf an "Agreement to
the North Carolina
ed agreement and
eceipt of this letter.
ompliance officially
If you do not send a signed agreement and payment to this office within ten (10) days, the Di�ector of the
Division of Coastal Management will formally assess a civil penalty against you. You will the have the
opportunity to request a hearing on the penalty or request settlement of the penalty.
400 Commerce Ave., Morehead City, NC 28557
Phone: [phone] FAX: [phone] Internet: www.nccoastalmanagement.net
An Equal Opportunity I Arfrmafive kbon Employer

Mr. George Shelton
March 12, 2015
Page 2 of 3
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] extension 217.
Sincerely,
Roy Brownlow
District Manager
Division of Coastal Management
Enclosures
cc: Brad Connell, Coastal Management Representative, DCM
400 Commerce Ave., Morehead City, NC 28557
Phone: [phone] FAX: [phone] Internet: www.nocoastalmanagement.net
An Equal Opportunity IAfnnalive Action Employer

Mr. George Shelton
March 12, 2015
Page 3 of 3
CAMA VIOLATION #15-01C
MR. GEORGE SHELTON
AGREEMENT TO PAY PROPOSED CIVIL ASSESSMENT
I understand that the staff of the Department of Environment and Natural Resourc,
assessment of a civil penalty in the amount of $829 against me for violation of the Coasts
Act, NCGS 113A-100 et seq, committed on or near property located at 768 Berrys Creek
Carteret County, North Carolina. In order to resolve this matter with no further action or e:
accept responsibility for the violation as described in the Notice of Violation letter. dated Ja
agree to pay the proposed civil assessment of $829.
DATE
SIGNATURE
ADDRESS
TELEPHONE NUMBER
400 Commerce Ave., Morehead City, NC 28557
Phone: [phone] FAX: [phone] Internet: www.nccoast
An Equal Opporlunity I Affirmative Action Employer
will propose the
Area Management
.oad, Merrimom, in
ense on my part, I
jary 06, 2015, and

I
Mr. George Shelton
March 12, 2015
Page 3 of 3
CAMA VIOLATION #15-01 C
MR. GEORGE SHELTON
AGREEMENT TO PAY PROPOSED CIVIL ASSESSMENT
C ��
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 $829 against me for violation of the Coastal Area Management
Act, NCGS 113A-100 et seq, committed on or near property located at 768 Berrys Creek Road, Merrimom, in
Carteret 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 January 06, 2015, and
agree to pay the proposed civil assessment of $829.
DATE
SIGNATURE
ADDRESS
TELEPHONE NUMBER
400 Commerce Ave., Morehead City, NC 28557
Phone: [phone] FAX: [phone] Internet: www.nocoastalmanagement.net
An Equal Opportunity IArrinabve Action Employer

s
AW
N' orth CGrd na iDepaetmemit of Enuironmv ant, ai?c1 fll iurnl
latM1 60rory
!GDvarriar
NOTICE OF VIOLATION
January 6, 2015
CERTIFIED MAIL 70131710 0002 0896 3572
RETURN RECEIPT REQUESTED
Mr. George Shelton
P.O. Box 356
Beaufort, NC 28516
RE: NOTICE OF VIOLATION AND REQUEST TO CEASE UNAUTHORIZED
CAMA VIOLATION#15-01C
Dear Mr. Shelton:
95
Dan did IR. Evan der ` a.arf
'Secretary
This letter confirms that on December 30, 2014, you and I were onsite at your prope y located at 768
Berrys Creek Road adjacent to the Neuse River located in or near Merrimon, off Sluth River Road,
Carteret County, North Carolina. The purpose of the visit was to investigate unauthorized development of
the placement of earthen fill material within the Coastal Wetlands Area of Environmental Concern adjacent
to the mouth of Berrys Creek.
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 requirment is imposed
by North Carolina General Statute (N.C.G.S.) 113A-118.
I have information that indicates you have undertaken or are legally responsible for plat
450 square feet of sandy, unconsolidated fill material on the aforementioned property
place in Coastal Wetlands that are contiguous with the Neuse River and Berrys Ci
Wetland plant species that are present mainly consist of: Black Needlerush (Juncus
Giant Cordgrass (Spartina cynosuroides). Coastal Wetlands areas are designs
Environmental Concern (AEC). No CAMA permit was issued to you for work in this are
findings, I am initiating an enforcement action by issuing this Notice of Violation for viola
Area Management Act and the State's Dredge and Fill Law.
I request that you immediately CEASE AND DESIST any further development and c
matter. A civil assessment of up to $10,000 plus investigative costs may be assessed
Each day that the development described in this Notice is continued or repeated may
violation that is subject to an additional assessment of $10,000. An injunction or crimi
be sought to enforce any violation in accordance with N.C.G.S.113A-126.
1101 Mal SwiceC�� R�Lijk h Car fina2MB- 01
g approximately.
his activity took
�k. The Coastal'
emerianus) and,
i as Areas of
Based on these
in of the Coastal
act me about this
ainst any violator.
stitute a separate
penalty may also
4rnicqud�a,U,,vumiCge/l4fmoii��fidrmn6mn��f'�+r—ith�Lunp�Ibyicx;;meW' p�;sr

Shelton : f
1/6/15
Page 2 of 3
It is the policy of the Coastal Resources Commission to assess a civil penalty plus investigative costs
against all 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. The amount assessed will depend upon
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, wetlands, 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, Title 15A, Subchapter 07H. State Guidelines for Areas
of Environmental Concern, the activity you have undertaken, placing earthen fill in the Coastal Wetlands
AEC, is not consistent with Section 15A NCAC 07H .0205(d), which outlines the acceptable use standards
in that AEC. Therefore, I am requesting that all of the earthen fill material be removed and that the area be
restored to its pre -development elevation and contour.
The enclosed Restoration Plan describes the action necessary to bring this project into compliance with the
Act. If you intend to cooperate with my request, please sign one of the attached Restoration Agreements
and return it to me in the enclosed, self-addressed envelope within ten (10) days of receipt of this letter.
Failure to comply with this request or respond back to this office prior to the requested deadline with an
acceptable schedule for compliance will be interpreted as a refusal to cooperate and will result in a Notice
of Continuing Violation, as well as a court injunction being sought ordering compliance.
The relevant statutes and regulations are available from this office, and I am willing to assist you in
complying with the requirements of these laws. A site inspection will be made in the near future to
determine whether this REQUEST TO CEASE AND DESIST has been complied withal 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
notified as to the amount of the civil assessment for undertaking development without first obtaining the
proper permit(s) and/or development that is inconsistent with Coastal Resources Commission rules.
Sincerely,
'' IN
Brad Connell
Coastal Management Representative
Cc: Roy Brownlow, District Manager and Compliance Coordinator, DCM
ENCLOSURE

Shelton
1/6/15
Page 3 of 3
RESTORATION PLAN
For
Mr. George Shelton Property
CAMA Violation No. 15-01C
Property located at 768 Berrys Creek Road, Carteret County
I, George Shelton, agree to remove all earthen fill material and restore the Coastal Wetlands to its pre'
development elevation and contour. (*The red cross hatched area identifies the fill area tb be restored*)
I agree to complete this restoration to the satisfaction of the Division of Coastal Management (DCM) by
February 10, 2015, or provide an explanation for non-compliance and a reasonabl' request for time
extension. When corrective actions are complete, I will notify the DCM so the work can b inspected.
SIGNATURE:
DATE:
It is the policy of the Coastal Resources Commission to assess a civil penalty plus investigative costs age
amount assessed will depend upon several factors, including the nature and area of the resources that w
Went of the damage to them. If restoration is not undertaken or satisfactorily completed, a substantially,
will be levied and an injunction sought to require restoration.
` all violations. The
affected and the
ier civil assessment

Shelton
116115
Page 3 of 3
RESTORATION PLAN
For
Mr. George Shelton Property
CAMA Violation No. 15-01C
Property located at 768 Berrys Creek Road, Carteret County
I, George Shelton, agree to remove all earthen fill material and restore the Coastal Wetlands to its pre -
development elevation and contour. (*The red cross hatched area identifies the fill area to be restored*)
I agree to complete this restoration to the satisfaction of the Division of Coastal Management (DCM) by
February 10, 2015, or provide an explanation for non-compliance and a reasonable request for time
extension. When corrective actions are complete, I will notify the DCM so the work can be inspected.
SIGNATURE:
DATE:
It is the policy of the Coastal Resources Commission to assess a civil penalty plus investigative costs against all violations. The
amount assessed will depend upon several factors, including the nature and area of the resources that were affected and the
extent of the damage to them. If restoration is not undertaken or satisfactorily completed, a substantially higher civil assessment
will be levied and an injunction sought to require restoration.

DCM ENFORCEMENT TRACKING
REPORT
Iss�
uer
69,911611
Violation Case No. 16 0'
GField
Rep. t'
Compliance Rep.
N Permit No. IA
LPO
❑
(if applicable)
LPJ
Violation Description
Was t vity perm ttable? Yes o
Initial Discovery Date ?j '
DiscoveryMethod Cp Ii'1/t
p Q I (�
Violation Description Q
�" (I in Co
Oft 1
_ _
Respondent Information
Prior CAM(A(��or D/F Violations: Yes
Prior Case No:
Respondent Name(s)
J
(Landow /Agent/Contractor)
Address x 3
City
p
Fe'C( i State Zip �/6
��/J
Phone # (7(Q QQ I— 0
Fax #/Email
1—
Corporate Name & Registered agent
Violation Type:
Project Type: Authorizations Required:
Site Visits Respondent
Site Visits Respondent
fiR-No Permit
2�private/Community Major � CAMA
Present
Present
❑ Permit Condition
❑ GovL/Public ❑ Minor D&F
❑
❑ Expired Permit
❑ Commercial ❑ General
❑
❑
Kinconsistent w/ Rules
Tier Level: 1 II III
❑
❑
Violation Location and Site Description -j � 07 —07�0 -S07. of 3
LaVLong Project Location: County Shoreline Length r /p 2 ✓
Street Address/ State Road/ Lot #(s) SAV: N sur Yes No
Sandbags: Not Sure Yes , 5,
Subdivis' n �— PNA: Yes 6 Adjacent
City` ZIP % ORW: Yes '1® Adjacent
Y� Crit. Hab. Yes 62
Phone # ( _) ¢' River Basin Se Photos 69 No
Adj. Wtr. Body n man /unkn Waiver Required Yes
Closest Maj. Wtr. Body —KiIn DW Q Buffer Area Yes No
Specify DWQ Buffer if applicable:
Restoration
NOV Date Initial Req. Comp. Date 0 Extension Granted Yes No
CNOV Date40EI Date Comp.Restoration Letter
Observed Acceptance Date
Penalty Assessment
Sent to Respondent Date App./Permit Fee
Rcvd. by Dist. Mgr. Date Penalty
Assessment Extended Yes No WIIIfuUlntent.
Continuing
7J.0409 Ref.
Recomm. Assess.
DCM Assess.
$ 0
$
$ 37
$
$
$
$
$
Total
$ a

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/NOVEJ Injunction to complete restgration
Date Collection Letter Sent Date Demand Letter Sent
Violation Activities and Impacts
AECs Aff Wetlands Impacted(9 No If yes, which types:
CW EW PTA ES PTS
HHF IH UBA N/A SA DS CJ SY LS TY
PWS: FC: Ss sC SP IF F 404
Other:
Restoration Required by the Respondent Y No
Dimensions in excess
of permit/ unauthorized activities
Dimensions to restore
Final dimensions
allowed
Actually restored
Development Activities
X
X
Habitat Description
It
NOTES: 1 4U(Gi F-60mri..-4 4-r T..v
Closing
Payment Received $ Date Date Case Closed

� : Y
Division of Coastal Management
COMPLAINT INVESTIGATION FORM
Owner of Property:
G co
Address! Location of Property:
763 %S
S
COMPLAINANT INFORMATION
Name of Complainant:
Mailing Address:
--�—
y 0
A No
Name Given:
Phone Number: ® e-Mail:
Complaint Delivered By: 14— Phone Letter E-mail In Person
Date Received: Time: Received By Whom: Referred To:
NATURE OF COMPLAINT U4��
fl�nc�l�n��7�'d( ��� 2 11a40r
IVIA
I
I
FINDINGS _ No Violation (Investigation Closed and Complainant Notified)
DATE INVESTIGATED: ATAFF PERSON CONDUCTI lNVESTIGt11ON:TYPE OF VIOLATION (if applicable):Violation Found Major edge &
COMMENTS: 0 0 A-0 f
Fill Minor
f
I
Referral to other local, state or federal agency: Yes _ No
List Agency(s) and Contact(s): 1.
2.
3.
NOV Issued By: INC DCM REP. LPO Was Complainant Notified of Findings:
NOV CASE #: Complainant Notified By: _ er
Date Complainant Notified:
I
_ Yes 1 No
E-mail _ Phon

0
q •

a

=/��
NCDENR
North Carolina Department of Environment and Natural Resources
Division of Coastahlrilan7ement
Pat McCrory Braxton C. Davis /J
(;nvernnr niractnr
NOTICE OF VIOLATION
January 5, 2015
CERTIFIED MAIL 7013 1710 0002 0896 3572
Donald R. van der Vaart
Secretary
RETURN RECEIPT REQUESTED
Mr. George Shelton ®�
P.O. Box 356
Beaufort, NC 28516
RE: NOTICE OF VIOLATION AND REQUEST TO CEASE UNAUTHORIZED DEVELOPMENT
CAMA VIOLATION #15.01C
Dear Mr. Shelton:
This letter confirms that on December 30, 2014, you and I were onsite at your property located at 768
Berrys Creek Road adjacent to the Neuse River located in or near Memmon, off South River Road,
Carteret County, North Carolina. The purpose of the visit was to investigate unauthorized development of
the placement ohfill it,1v hin the C(Zastal Wetlands Area of Environmental Concern adjacent to the mouth of
Benys Creek. ma( J
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.
Wco')sor, ztni
I have information that ind Cates you have undertaken or are legally responsible for placing approximately
450 square feet of sandy) fill material on the aforementioned property. This actacth& took place i
Wetlands that are contiguous with the Neuse River and Benys Creek. oastal Wetlands areas are
designated as Areas of Environmental Concern (AEC). No CAMA permit was issued to you for work in this
area. Based on these findings, I am initiating an enforcement action by issuing this Notice of Violation for
violation of the Coastal Area Management Act and the State's Dredge and Fill Law. O�; C90A
I request that you immediately CEASE AND DESIST any further development and contact me about this s
matter. A civil assessment of up to $10,000 plus investigative costs may be assessed against any violator.
Each day that the development described in this Notice is continued or repeated may constitute a separate
violation that is subject to an additional assessment of $10,000. An injunction or criminal penalty may also �(S
be sought to enforce any violation in accordance with N.C.G.S. 113A-126.
i
TWI W11 Serm ce Ceram, RaWgk N & Carolina 27699-1691 Cj ( &
RI we. 9JI& PT-M \ IMkermet. u ncdenr gev
An Equal OppoMmiy 1 AlArmatlue ANon Employer - Made n part dy mcycled paper r

Shelton
1/5/15
Page 2 of 3
It is the policy of the Coastal Resources Commission to assess a civil penalty plus investigative costs
against all 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. The amount assessed will depend upon
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 JNural
redge and Fill Law which requires a permit from the North Carolina
Department of Environment anResources before undertaking any excavating or filling in any
estuarine waters, tidelands, ma, or state-owned lakes pursuant to N.C.G.S. 113-229. Therefore, 1
also request that you immediately CEA E 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 bya criminal penalty or a
civil action for damages or an injunction in accordance with N.C.G.S. 113-229.
E�
Based upon the North Carolina Administrative Code, Title 15A, Subc apter 07H. State Guidelines for Areas
of Environmental Concern, the activity you have undertaken, placingfill in the Coastal Wetlands AEC, is not
consistent with Section 15A NCAC 7H .0205( ), which outlines the acceptable use standards in that AEC.
Therefore, I am requesting that of the(fill m erial be removed and that the area be restored to its fletarat-
-- Pre-.�
The enclosed Restoration Plan describes the action necessary to bring this project into compliance with the
Act. If you intend to cooperate with my request, please sign one of the attached Restoration Agreements
and return it to me in the enclosed, self-addressed envelope within ten (10) days of receipt of this letter.
Failure to comply with this request or respond back to this office prior to the requested deadline with an
acceptable schedule for compliance will be interpreted as a refusal to cooperate and will result in a Notice
of Continuing Violation, as well as a court injunction being sought ordering compliance.
The relevant statutes and regulations are available from this office, and I am willing to assist you in
complying with the requirements of these laws. A site inspection will be made in the near future to
determine whether this REQUEST TO CEASE AND DESIST has been complied with. I request that you
contact me immediately.
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
notified as to the amount of the civil assessment for undertaking development without first obtaining the
proper permit(s) and/or development that is inconsistent with Coastal Resources Commission rules.
Sincerely
� t-
Brad Connell , D
Coastal Management Representative 4
Cc: Roy Brownlow, District Manager and Compliance Coordinator, DCM
ENCLOSURE

-Shelton
115115
Page 3 of 3
RESTORATION PLAN
For
Mr. George Shelton Property
CAMA Violation No. 15-01C
Property located at 768 Berrys Creek Road, Carteret County
NOV c se r15-O/C: George Shelton
7ft Bnwys Creek Rd, Carteret County
amove as mi matenai from the coastai wedanas and restore / \
ck to its natural state. /
I, George Shelton, agree to remove al({fill material and restore the Coastal Wetlands to its newrai stag, `
I agree to complete this restoration tI/oIl the satisfaction of the Division of Coastal Management (DCM) by
February 10, 2015, or provide an explanation for non-compliance and a reasonable request for time
extension. When corrective actions are complete, I will notify the WM so the work can be inspected.
SIGNATURE: t
r
DATE:
It is the policy of the Coastal Resources Commission to assess a civil penalty plus investigative costs against all violations. The
amount assessed will depend upon several factors, including the nature and area of the resources that were affected and the
extent of the damage to them. If restoration is not undertaken or satisfactorily completed, a substantially higher civil assessment
will be levied and an injunction sought to require restoration.

NCDENR
North Carolina Department of Environment and Natural Resources
Pat McCrory
Governor
January 26, 2015
Mr. George Shelton
P.O. Box 356
Beaufort, NC 28516
RE: RESTORATION ACCEPTANCE — CAMA VIOLATION #15-01C
Dear Mr. Shelton:
Donald R. van der Vaart
Secretary
This letter is in reference to the Notice of Violation # 15-01 C sent to you dated January 6, 2015 for the
unauthorized placement of earthen fill material within the Coastal Wetlands in or near the Neuse River. The
violation took place on your property located at 768 Berrys Creek Road off of South River Road in or near
the community of South River in Carteret County, North Carolina. This unauthorized activity constituted
development and you were requested to remove all of the earthen fill material and restore the affected area
to its pre -development elevation and contour. 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 January 26, 2015 to inspect the restoration of the
unauthorized activity addressed in the Notice of Violation 15-01 C. 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].
Sincerely,
Brad CoFII E COPY
Coastal Management Representative
Cc: 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

Shelton
1/6/15
Page 3 of 3
RESTORATION PLAN
For
Mr. George Shelton Property
CAMA Violation No. 15-OIC
Property located at 768 Benys Creek Road, Carteret County
min BHiA-VVJO
SIDI 5 I Of
03N3036
I, George Shelton, agree to remove all earthen fill material and restore the Coastal Wetlands to its pre -
development elevation and contour. (*The red cross hatched area identifies the fill area to be restored*)
I agree to complete this restoration to the satisfaction of the Division of Coastal Management (DCM) by
February 10, 2015, or provide an explanation for non-compliance and a reasonable request for time
extension. When corrective actions are complete, I wil notify the DCM so the work can be inspected.
SIGNATURE: I Ilm %I
DATE:
It is the policy of the Coastal Resources Commission to assess a civil penalty plus investigative costs against all violations. The
amount assessed will depend upon several factors, including the nature and area of the resources that were affected and the
extent of the damage to them. 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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