05-15C Cannady

13-May-05 NC DIVISION OF COASTAL MANAGEMENT ENFORCEMENT RECORD
CASE STATUS! CASE NUMBER LAST NAME
FIRST NAME BUSINESS NAME:
0 05-15C ICANNADY QUINCY
CASE IS CLOSED J'
I
NOV DATE CLOSURE DATE AFFLILIATION SECTOR _Previous Violations in Same AEC
LEGAL AGENT PRIVATE --� for Similar Activities
5/6/2005
MAILING ADDRESS CITY STATE ZIP CODE PHONE NUMBER
415 FRONT STREET BEAUFORT NC 28516-
PROPERTY ADDRESS COMMUNITY WATERBODY NEAREST ROAD
503 OAK HAMMOCK DR HARKERS ISLAND r ESTMOUTH BAY ISLAND ROAD
DISTRICT OFFICE COUNTY DCM REPRESENTATIVE LPO CONTACT
MHCDO CARTERET IHARDEMAN I
VIOLATION TYPE nrrci, i cv
MAJOR CAMA plus DREDGE AND FILL
NATURE OF VIOLATION AEC DESCRIPTION
❑ CW
j] EW
[_ I PTA
V ES
❑ PTS
❑ OEA
❑ HHFA
❑ IHA
❑ PWS
❑ NCRA
Jnauthorized major development by excavating a ditch, installing a culvert pipe, and filling an area within the CW,
=W, and ES AECs adjacent to Westmouth Bay.
- RESTORATION STATUS) --- RESTORATION REQUEST DATE COMPLETION DATE
i
J 5/15/2005
RESTORATION NOT REQUIRED - CONTRACTOR
RESTORATION EXTENDED RESTORE DATE
RESTORATION NOT REQUIRED - PERMITTABLE DEVELOPMENT ❑ DEADLINE i
RESTORATION NOT REQUIRED - FURTHER IMPACTS EXTENDED
RESTORATION PENDING ❑ REFERRED TO AG'S OFFICE - COLLECTION
REFERRED TO AG'S OFFICE - INJUNCTION
PENALTY STATUS PENALTY ISSUED
❑ PENALTY NOT ISSUED
❑ CONRACTOR'S FIRST OFFENSE
ASSESSMENT DATE PENALTY AMOUNT COLLECTION DATE AMOUNT COLLECTED
WILLFUL INTENTIONAL PENALTY (MIN. OR DOUBLED) CNOV ISSUED
SETTLED, AGREED UPON, OR STIPULATED PENALTY PENALTY APPEALED
_. UNCOLLECTIBLE PENALTY
Violations Involving Adversely Impacted Resources
AMOUNT OF ADVERSELY DISTURBED AREA (SO. FT.) 504
AMOUNT OF RESTORED AREA (SO. FT) I
NOTES
FORMAL CPA ISSUED

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
CERTIFIED MAIL
RETURN RECEIPT REQUESTED
Mr. Quincy Cannady
415 Front Street
Beaufort NC 28516
RE: CAMA VIOLATION #05-15C
Dear Mr. Cannady
August 12, 2005
IAW-owana Ted
Ronda Roy
This letter is in reference to the Notice of Violation dated 5/06/05 that Mark Hardeman sell to you on behalf of
the Division of Coastal Management. The Notice was for the unauthorized installatiorl of a culvert within
wetlands, adjacent to the waters of Westmouth Bay at 503 Oak Hammock Drive, in Harkbr's Island, Carteret
County. The violation involved the Coastal Wetlands Area of Environmental Concern designated by the
Coastal Resources Commission. Based upon Mr. Hardeman's site visit on 5/13/05, the restoration requested
appears to be complete to the satisfaction of the Division of Coastal Management.
The Coastal Area Management Act provides that a civil assessment of up to $2,500 may be assessed for any
violation. It is the policy of the Coastal Resources Commission to assess a civil penalty for all violations in
order to recover some of the costs of investigating violations and/or to compensate the public for any damage
to its natural resources.
Under the rules of the Coastal Resource Commission, a proposed civil penalty in the amount of $500.00 is
appropriate for this violation. You may expeditiously resolve this matter prior to the assess ent of a formal civil
penalty by accepting responsibility for the violation and paying the amount proposed abov . In order to do this,
you must: (1) sign one of the attached copies of an "Agreement to Pay Civil Assessment;" ( 2) attach a check or
money order for $500.00 made payable to the North Carolina Department of Environment and Natural
Resources (NCDENR); and, (3) return the signed agreement and payment to this office in the enclosed, self-
addressed envelope within ten (10) days of your receipt of this letter. Upon deposit of your check in the
Department's account, you will receive a Notice of Compliance officially closing this enforcement action.
400 Commerce Drive, Morehead City, North Carolina 28557
Phone: [phone] \ FAX: [phone] \ Internet: www.nocoastalmanagement.net
An Equal Opportunity \ Affirmative Action Employer— 50% Recycled \ 10% Post Consumer Paper

Mr. Quincy Cannady ! ,
August 12, 2005
Page 2 of 3
If you do not send a signed agreement and payment to this office within ten (10) days, the Director of the
Division of Coastal Management will formally assess a civil penalty against you. You will then have the
opportunity to request a hearing on the penalty or request remission of the penalty.
Thank you for your time and cooperation in resolving this important matter. If you have any questions, please
do not hesitate to contact me at [phone].
Sincerely
�
Tere Barrett, Dtstri fMbath er
Division of Coastal Management
Enclosures
cc: Ted Tyndall, Assistant Director, DCM
Roy Brownlow, Compliance Coordinator, DCM
Mark Hardeman, Coastal Management Representative, DCM
Henry Wicker, USACE
J.D. O'Neal, LPO
400 Commerce Drive, Morehead City, North Carolina 28557
Phone: [phone] FAX: [phone] Internet: www.nccoastalmanagement.net
An Equal Opportunity 1 Affirmative Action Employer -50% Recycled 110% Post Consumer Paper

Mr. Quincy Cannady
August 12, 2005
Page 3 of 3
CAMA VIOLATION #05-15C
AGREEMENT TO PAY PROPOSED CIVIL ASSESSMENT
I understand that the staff of the Department of Environment and Natural
assessment of a civil penalty in the amount of $500.00 against me for
Management Act, NCGS 113A-100 et sec, committed at the termi s of Purifoy Street,
Craven County, No Carolina. In order to resolve this matter with no further action or ex
will propose the
the Coastal Area
Bridgeton, in
on my part, I
acceD resDonsibility for the violation as described in the Notice of Violation I er dated 3/14/05, an ree to
pay the proposed civil assessment of $500.00.
DATE
SIGNATURE
ADDRESS
TELEPHONE NUMBER
400 Commerce Drive, Morehead City, North Carolina 28557
Phone: [phone] FAX: [phone] Internet: www.nccoastalma
An Equal Opportunity 1 Affirmative Action Employer - 50% Recycled 110% Post Consumer

NCDENR
North Carolina Department of Environment and Natural Resources
Division of Coastal Management ,
Michael F. Easley, Governor Charles S. Jones, Director William G. Ross Jr., Secretary
August 2,2005
Quincy Cannady
415 Front Street
Beaufort, NC 28516
RE: RESTORATION ACCEPTANCE — CAMA VIOLATION #05.15C
Dear Mr. Cannady:
This letter is in reference to the Notice of Violation # 05-15C sent to you dated May 6, 2005 for the placing
of a culvert within the Coastal Wetlands in or near Westmouth Bay. The violation took place on your
property located at 503 Oak Hammock Dr. off of Island Rd. in or near the community Harkers Island in
Carteret County, North Carolina. This unauthorized activity constituted develop ent and you were
requested to remove the culvert and return the site to its original grade. In accon: ance 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 Condern (AEC) must be
corrected by restoring the project site to pre -development conditions to recover lost re$ources or to prevent
further resource damage.
I conducted a site visit at the aforementioned property on May 13, 2005 to inspect the restoration of the
unauthorized activity addressed in the Notice of Violation #05-15C. 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 252-808-2808.
Sincerely,
�
Mark Hardeman
Coastal Management Representative
ed Tyndall, Assistant Director, DCM
ere Barrett, District Manager, DCM
Roy Brownlow, Compliance Coordinator, DCM
400 Commerce Avenue, Morehead City, North Carolina 28557
Phone: [phone] FAX: [phone] Internet: www.necoastalmanggement.net
An Equal Opportunity 1 Affirmative Action Employer- 50% Recycled 110% Post Consumer (taper

ARLA. 4Atl
NCDENR
North Carolina Department of Environment and Natural ResOL rces
Division of Coastal Management
Michael F. Easley, Governor Charles S. Jones, Director William G. Ross Jr., Secretary
August 2,2005
Quincy Cannady
415 Front Street
Beaufort, NC 28516
RE:RESTORATION ACCEPTANCE — CAMA VIOLATION #05-15C
Dear Mr. Cannady:
This letter is in reference to the Notice of Violation # 05-15C sent to you dated May 6,12005 for the placing
of a culvert within the Coastal Wetlands in or near Westmouth Bay. The violation took place on your
property located at 503 Oak Hammock Dr. off of Island Rd. in or near the community Harkers Island in
Carteret County, North Carolina. This unauthorized activity constituted development and you were
requested to remove the culvert and return the site to its original grade. 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 May 13, 2005 to inspect the restoration of the
unauthorized activity addressed in the Notice of Violation #05-15C. 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 nauthorized activity
within an Area of Environmental concern.
Thank you for your attention and cooperation in this matter. If you have any questidns pertaining to this
matter, please feel free to call me at 252-808-2808.
S/iinncceerrely,
Mark Hardeman
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 i
Phone: [phone] FAX: [phone] Internet: www.nccoastalman ement.net
An Equal opportunity 1 Affirmative Action Employer — 50% Recycled 110% Post Consumer per

2025 (i . ILEGAL AGENT.__._.._.. rJPRIVATE
OAK HAMMOCK DR 1' '' -"rJHARKERS ISLAND
:/d:U]gJiL1Ql
wthorized major development by excavating a ditch, installing a culvert pipe, and filling an ara within the CW,
, and ES AECs adjacent to Westmouth Bay.
PENDING

DCM �/E�NFORCEMENT TRACKING REPORT
�1 /Q� l�i�e(J Issuer
Field Rep. Violation Base No. _
A B C D
LPO
Violated Permit No.
LPJ (inapplicable)
Violation Description Was activity permittable? Yes
Initial Discovery Date /��orr�20/ LOd/rDiscovery Method /!leri4,i 5orve/jla—e-e
Violation Description C01Uey-I /,v e4mv 9, o,-' area -
Respondent Information Prior Violations in same AEC: Yes / No Case Number 037-/5C -1
RespondentName(s) oulmG1 64uN/9DS! //� p (Landowner/Agent/Contractor)
Address 4//J� Fi'DA/7 5j1, City /,e4L)f4✓71" State lie- Zip �28$/4
Phone // Fax #
Email
Violation Type:
Project Type:
Authorizations Required:
Site Visits Respondent Site Visits Respondent
No Permit
Permit Condition
Expired Permit
nconsistentwlRules
PrivatelCommunit
Govt./Public
Commercial
Major �
Mino D�,
General
Present Present
LI, 2005
Yes
A,o/��'20� Zu05w0
Violation Location andSiteDescription
Project Location: County C �9Qz �rU
Street Address/ State Road/ Lot #(s)
so OaLk or.
Subdivision
City #,0i (EQS 75. ZIP IrY300
Phone # ( Ziz)?95-/1'54 River Basin (,,J%y, Qxt {G
Adj. Wtr. Body "t,"00-lk IQ. Ai (nat /man /unkn)
Closest Maj. Wilt. Body COr& 50✓ iv
Restoration
NOV Date M)q y & 2O05 Initial Req. Comp. Date
CNOV Date Date Comp. Observed
Penalty Assessment I
Sent to Respondent Date 1K ('jil �ri APp•/Permit Fee
Rcvd. by Dist. Mgr. Date 1 Penalty
Assessment Extended Yes No Willful/Intent.
Continuing
Other
Rover File
Shoreline Length 7
206
r
SAV: Not Sure
Yes
ISO
Sandbags: Not Sure
Yes
ND
PNA:
Yes
D Adjacent
ORW:
Yes
40 Adjacent
Crit. Hab.
Yes
0)
Photos
®
No
Waiver Required
Yes
(Q�
In DWQ Buffer Area
Yes
MAJ 15/ Z605
/�4y/%, Zoos
7J.0409 Ref.
Extension Granted Yes No
Restoration Letter
Acceptance Date
Recomm. Assess.
$lob iJ
DCM Assess.
$
$
A0
Total ,e) 3�o 00
i { t /""` "`LG,1.
wctn Oo Jo i'^irro« M424L4 44l Pr,pf,Xy - •v -a/

Formal Assessments, Appeals and Reductions
Date Long Form Submitted
Date Formal CPA Submitted
Final Assessment $ Date
Attorney General's Office for Injunction or Formal Collection
Assessment Appealed Yes No
Penalty modified
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 Affe ed: Wetlands Impacted? Yes / No If yes, which types:
C EW PTA ES PTS (g) , DS CI , . SY LS TY
OEA HHF IH SS SC SP 404
PWS: FC: .
Other:
Restoration Required by the Respondent <�q/ No
Dimensions in excess
of permit/ unauthorized activities
Development Activities
I
Dimensions to restore Final dimensions Actually restored
allowed
�5X 3D iSx 34
lDx 70
,Habitat DescriptionC'p67��19Ls�
NOTES: �JVfaitil5/2ec� �Y/�Il�r}� //NS��/ e-J/ �7`�` ���•
S'O 64 D(J 2,v Cvluery it .. �✓!L�GcJG-� �jr ,�/ �U
Closing
Payment Received $ C` 1©� Date Date Case Closed
I r77 `\1 1

AMAr
NCDENR
North Carolina Department of Environment and Natural Resources
Division of Coastal Management
Michael F. Easley, Governor Charles S. Jones, Director William G.'Ross Jr., Secretary
August 22, 2005
CERTIFIED MAIL
RETURN RECEIPT REQUESTED
Mr. Quincy Cannady
415 Front Street
Beaufort, NC 28516
RE: CAMA VIOLATION #05-15C
Dear Mr. Cannady:
This letter is in reference to the Notice of Violation dated 5106/05 that Mark Hardeman sent to you on behalf of
the Division of Coastal Management. The Notice was for the unauthorized installation of a culvert within
wetlands, adjacent to the waters of Westmouth Bay at 503 Oak Hammock Drive, in Harker's Island, Carteret
County. The violation involved the Coastal Wetlands Area of Environmental Concern designated by the
Coastal Resources Commission. Based upon Mr. Hardeman's site visit on 5/13105, the restoration requested
appears to be complete to the satisfaction of the Division of Coastal Management.
The Coastal Area Management Act provides that a civil assessment of up to $2,500 may �e assessed for any
violation. It is the policy of the Coastal Resources Commission to assess a civil penalt for all violations in
order to recover some of the costs of investigating violations and/or to compensate the public for any damage
to its natural resources.
Under the rules of the Coastal Resource Commission, a proposed civil penalty in the amount of $350.00 is
appropriate for this violation. You may expeditiously resolve this matter prior to the assess ent of a formal civil
penalty by accepting responsibility for the violation and paying the amount proposed abov . In order to do this,
you must: (1) sign one of the attached copies of an "Agreement to Pay Civil Assessment;" 12) attach a check or
money order for $350.00 made payable to the North Carolina Department of Environment and Natural
Resources (NCDENR); and, (3) return the signed agreement and payment to this office i the enclosed, self-
addressed envelope within ten (10) days of your receipt of this letter. Upon deposit of your check in the
ep .
400 Commerce Drive, Morehead City, North Carolina 28557
Phone: [phone] FAX: [phone] Intemet: www.nccoastalmanagementmet
An Equal Opportunity 1 Affirmative Action Employer- 50%" Recycled 110%" Post Consumer Paper

Mr. Quincy Cannady
August 22, 2005
Page 2 of 3
If you do not send a signed agreement and payment to this office within ten (10) days, the Director of the
Division of Coastal Management will formally assess a civil penalty against you. You will then have the
opportunity to request a hearing on the penalty or request remission of the penalty.
Thank you for your time and cooperation in resolving this important matter. If you have any questions, please
do not hesitate to contact me at [phone].
Sincerely,
Tere Barrett, District Manager
Division of Coastal Management
Enclosures
cc: Ted Tyndall, Assistant Director, DCM
Roy Brownlow,,Compliance Coordinator, DCM
Mark Hardeman, Coastal Management Representative, DCM
Henry Wicker, USACE
J.D. O'Neal, LPO
400 Commerce Drive, Morehead City, North Carolina 28557
Phone: [phone] \ FAX: [phone] \ Internet: www.nccDastalmanagement.net
An Equal Opportunity \ Affirmative Action Employer - 500% Recycled \ 100/6 Post Consumer Paper

Mr. Quincy Cannady
August 22, 2005
Page 3 of 3
CAMA VIOLATION #05.15C
AGREEMENT TO PAY PROPOSED CIVIL ASSESSMENT
I understand that the staff of the Department of Environment and Natural Resources
assessment of a civil penalty in the amount of $350.00 against me for violation of
Management Act, NCGS 113A-100 et seg, committed within the Department of Transports
adjacent to the waters of Westmouth Bay at 503 Oak Hammock Drive, in Harker's Islan
North Carolina. In order to resolve this matter with no further action or expense on
responsibility for the violation as described in the Notice of Violation letter dated 5/06105, a
proposed civil assessment of $350.00.
DATE
SIGNATURE
ADDRESS
TELEPHONE NU
400 Commerce Drive, Morehead City, North Carolina 28557
Phone: [phone] FAX: [phone] Internet: www.nccoastalmanagement
An Equal Opportunity 1 Affirmative Action Employer— 50% Recycled 110% Post Consumer P:
will propose the
the Coastal Area
ition Right -of -Way
Carteret County,
my part, I accept
Id agree to pay the

NCDENR
North Carolina Department of Environment and
Natural Resources
Division of Coastal Management
Michael F. Easley, Governor Charles S. Jones, Director
September 1, 2005
Mr. Quincy Cannady
415 Front Street
Beaufort, NC 28516
William G. Ross Jr., Secretary
RE: Payment of Proposed Penalty for Violations of the Coastal Area
Committed in Carteret County
CAMA Violation # 05-15C
Dear Mr. Cannady:
Act,
This letter will acknowledge receipt of your check #42278 and 138, in the amounts of $175.00,
and dated September 1, 2005. Once the amount of the check is credited to the Department of
Environment and Natural Resources' account, this matter will be fully and completely closed.
If you have any further questions concerning this matter, please contact me at may Morehead City
office, [phone].
Sincerely,
Tere Barrett
District Manager
1I1 CZ ROD
cc: Roy Brownlow, Compliance Coordinator
Ted Tyndall, Asst. Director
Mark Hardeman, Coastal Management Rep.
Raleigh Bland, COE
400 Commerce Avenue, Morehead City, North Carolina 28557
Phone: [phone] FAX: [phone] Internet: www.nccoastalmar
An Equal Opportunity 1 Affirmative Action Employer- 50% Recycled 110% Post Consumer

YQUA
NCDENR
North Carolina Department of Environment and Natural Resources
Division of Coastal Management
Michael F. Easley, Governor Charles S. Jones, Director William G
August 22, 2005
CERTIFIED MAIL SEP -
RETURN RECEIPT REQUESTED
Mr. Quincy Cannady
Morehead
415 Front Street
Beaufort, INC 28516
RE: CAMA VIOLATION #05-15C
Dear Mr. Cannady:
Ross Jr., Secretary
J
1 2005
City DDM
This letter is in reference to the Notice of Violation dated 5/06/05 that Mark Hardeman sent to you on behalf of
the Division of Coastal Management. The Notice was for the unauthorized installation of a culvert within
wetlands, adjacent to the waters of Westmouth Bay at 503 Oak Hammock Drive, in Harker's Island, Carteret
County. The violation involved the Coastal Wetlands Area of Environmental Concern designated by the
Coastal Resources Commission. Based upon Mr. Hardeman's site visit on 5/13/05, the restoration requested
appears to be complete to the satisfaction of the Division of Coastal Management.
The Coastal Area Management Act provides that a civil assessment of up to $2,500 may be assessed for any
violation. It is the policy of the Coastal Resources Commission to assess a civil penalty for all violations in
order to recover some of the costs of investigating violations and/or to compensate the public for any damage
to its natural resources.
Under the rules of the Coastal Resource Commission, a proposed civil penalty in the amount of $350.00 is
appropriate for this violation. You may expeditiously resolve this matter prior to the assessment of a formal civil
penalty by accepting responsibility for the violation and paying the amount proposed above. In order to do this,
you must: (1) sign one of the attached copies of an "Agreement to Pay Civil Assessment;" () attach a check or
money order for $350.00 made payable to the North Carolina Department of Environment and Natural
Resources (NCDENR); and, (3) return the signed agreement and payment to this office in he enclosed, self-
addressed envelope within ten (10) days of your receipt of this letter. Upon deposit of your check in the
Department's account, you will receive a Notice of Compliance officially closing this enforcement action.
400 Commerce Drive, Morehead City, North Carolina 28557
Phone: [phone] FAX: [phone]Internet: www.nccoastalmanagement.net
An Equal Opportunity 1 Affirmative Action Employer- 50% Recycled 110% Post Consumer Papa

Mr. Quincy Cannady
August 22, 2005
Page 2 of 3
If you do not send a signed agreement and payment to this office within ten (10) days, the Director of the
Division of Coastal Management will formally assess a civil penalty against you. You will then have the
opportunity to request a hearing on the penalty or request remission of the penalty.
Thank you for your time and cooperation in resolving this important matter. If you have an tj questions, please
do not hesitate to contact me at [phone].
Sincerely,
Tere Barrett, District Manager
Division of Coastal Management
Enclosures
cc: Ted Tyndall, Assistant Director, DCM
Roy Brownlow, Compliance Coordinator, DCM
Mark Hardeman, Coastal Management Representative, DCM
Henry Wicker, USACE
J.D. O'Neal, LPO
400 Commerce Drive, Morehead City, North Carolina 28557
Phone: [phone] \ FAX: [phone] \ Internet: www.nocoastalmanagement.net
An Equal Opportunity \ Affirmative Action Employer — 50% Recycled \ 10% Post Consumer Paper

Mr. Quincy Cannady
August 22, 2005
Page 3 of 3
II
CAMA VIOLATION #05.15C �.
AGREEMENT TO PAY PROPOSED CIVIL ASSESSMENT
I understand that the staff of the Department of Environment and Natural Resources will propose theft
assessment of a civil penalty in the amount of $350.00 against me for violation of the Coastal Area
Management Act, NCGS 113A-100 et sec , committed within the Department of Transportation Right -of -Way
adjacent to the waters of Westmouth Bay at 503 Oak Hammock Drive, in Harker's Islam
North Carolina. In order to resolve this matter with no further action or expense on
responsibility for the violation as described in the Notice of Violation letterdated 5/06/05, a
proposed civil assessment of $350.00.
DATE
rn.ur»�-4
400 Commerce Drive, Morehead City, North Carolina 28557
Phone: [phone] FAX: [phone]ntemet: www.nocoastalmanagement.net
An Equal Opportunity 1 Affirmative Action Employer — 50% Recycled 110% Post Consumer Paper
Carteret County,
part, I accept
agree to pay the

Mr. Quincy Cannady
August 22, 2005
` Page 3 of 3
CAMA VIOLATION #05.15C
AGREEMENT TO PAY PROPOSED CIVIL ASSESSMENT
r
I understand that the staff of the Department of Environment and Natural Resourc s will propose
assessment of a civil penalty in the amount of $350.00 against me for violation o the Coastal Area
Management Act, NCGS 113A-100 et seMc , committed within the Department of Transpc
adjacent to the waters of Westmouth Bay at 503 Oak Hammock Drive, in Harker's Isla
North Carolina. In order to resolve this matter with no further action or expense c
responsibility for the violation as described in the Notice of Violation letter dated 5/06/05,
proposed civil assessment of $350.00.
DATE
Right -of -Way
Carteret County,
my part, I accept
agree to pay the
7-
ADDRESS
TELEPHONE NUMBER
400 Commerce Drive, Morehead City, North Carolina 28557
Phone: [phone] \ FAX: [phone] \ Internet: www.nccoastalmanagement.rlet
An Equal Opportunity \ Affirmative Action Employer — 50% Recycled 110% Post Consumer Paper

A"a 1�6I�1�—� *Z
NCDENR
North Carolina Department of Environment and Natural Resour es
Division of Coastal Management
Michael F. Easley, Governor Charles S. Jones, Director William �1. Ross Jr., Secretary
NOTICE OF VIOLATION
May 6, 2005
CERTIFIED MAIL
RETURN RECEIPT REQUESTED
Mr. Quincy Cannady
415 Front St.
Beaufort, NC 28516
RE: NOTICE OF VIOLATION AND REQUEST TO CEASE UNAUTHORIZED DEVELdPMENT — CAMA
VIOLATION #05 — 015 C
Dear Mr. Cannady:
This letter confirms that on April 4, 2005, 1 met with Mr.Quincy Cannady onsite at property located at 503
Oak Hammock Drive adjacent to Westmouth Bay located in Harkers Island, off Island Road, Carteret
County, North Carolina. Mr. Cannady was acting as legal representative for the owner, IMs. Jean Mullen.
The purpose of the visit was to discuss the high ground area and the possibility of access from Oak
Hammock Dr., since the entire road frontage is adjacent to Coastal Wetlands. I told fI r. Cannady that
further review was necessary with my supervisor. After reviewing the project with Mr. Ted Tyndall, it was
determined that a bridge might access the property over the marsh, however permit (review would be
necessary. Mr. Cannady was informed by phone conversation of this information. On April 20, 2005, John
Davis (Pilot), Tere Barrett (District Manager) and I flew a surveillance flight over Harkers Island and
observed a culvert and filling in the Coastal Wetlands to establish a driveway off Oak Hammock Dr. A 3' x
48' ditch was dug and a 20' piece of black plastic culvert pipe was laid in the ditch. An 18' x 20' area was
filled with dirt and rock over the culvert pipe. This development was unauthorized bthe Division of
Coastal Management.
Information gathered by me for the Division of Coastal Management indicates that you have undertaken
major development in violation of the Coastal Area Management Act (CAMA). No person may undertake
Major Development in a designated Area of Environmental Concern (AEC) without first obtaining a permit
from the North Carolina Department of Environment and Natural Resources. This requirement is imposed
by North Carolina General Statute (N.C.G.S.) 113A-118.
I have information that indicates you have undertaken or are legally responsible for installing a culvert and
filling Coastal Wetlands on the aforementioned property. This activity took place in Castal Wetlands,
Estuarine Shoreline, and Estuarine Waters that are contiguous with Westmouth Bay. Coastal Wetlands,
Estuarine Shorelines, and Estuarine Waters are designated as Areas of Environmental Concern (AEC). No
CAMA permit was issued to you for work in this area.
400 Commerce Avenue, Morehead City, North Carolina 28557
Phone: [phone] FAX: [phone] Internet: www.nccoastalman
An Equal Opportunity 1 Affirmative Action Employer— 50% Recycled 110% Post consumer

V i�:
Quincy Cannady
May 6, 2005
Page 2
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.
I request that you immediately CEASE AND DESIST any further unauthorized activities within designated
Areas of Environmental Concern. A civil assessment of up to $2,500 may be assessed against any violator.
Each day that the development described in this notice is continued or repeated may constitute a separate
violation that is subject to an additional assessment of up to $2,500. An injunction or criminal penalty may
also be sought to enforce any violation (N.C.G.S. 113A-126).
It is the policy of the Coastal Resources Commission to levy a minimum civil assessment of $350.00 not to
exceed $2,500 against all violations of this type. This is done to recoup some of the costs of investigating
violations and/or to compensate the public for any damage to its natural resources. Whether a higher
amount will be assessed depends on several factors, including the nature and area of the resources that
were affected and the extent of the damage to them.
You are also in violation of the State's Dredge and Fill Law which requires a permit from the North Carolina
Department of Environment and Natural Resources before undertaking any excavating or filling in any
estuarine waters, tidelands, marshlands, or state-owned lakes pursuant to N.C.G.S. 113-229. Therefore, I
also request that you immediately CEASE AND DESIST such unauthorized activity and contact me about
this matter as well. Violations of the State's Dredge and Fill Act may be enforced by a criminal penalty or a
civil action for damages or an injunction in accordance with N.C.G.S. 113-229.
Based upon the North Carolina Administrative Code, Title 15A, Subchapter 07H. State Guidelines for Areas
of Environmental Concern, the activity you have undertaken, installing a culvert and filling wetlands in the
Coastal Wetlands, Estuarine Shoreline, and Estuarine Waters AECs, is not consistent with Section 15A
NCAC 07H .0205, .0206, and .0208, which says the highest priority of use shall be allocated to the
conservation of existing coastal wetlands. Therefore, I am requesting that restoration be required.
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
complying with the requirements of these laws. A
determine whether this REQUEST TO CEASE AND
contact me immediately.
from this office, and I am willing to assist you in
site inspection will be made in the near future to
DESIST has been complied with. I request that you
Thank you for your time and cooperation in resolving this important matter. If you have any questions about
this or related matters, please call me at 252-808-2808. Upon completion of the restoration as requested in

1 -.
Quincy Cannady
May 6, 2005
Page 3
the Restoration Plan Agreement to the satisfaction of the Division of Coastal Management, you will be
Notified as to the amount of the civil assessment for undertaking development without first obtaining the
proper permit and/or development that is inconsistent with Coastal Resources Commission rules.
Sincerely, /
Coastal Management Representative
Cc:Ted Tyndall, Assistant Director, DCM
Tere Barrett, District Manager, DCM
Roy Brownlow, Compliance Coordinator, DCM
ENCLOSURE

v V
RESTORATION PLAN
For
Mullen Property, Quincy Cannady Legal Representative
Property located at 503 Oak Hammock Dr., Carteret County
I, Mr. Quincy Cannady, agree to remove the culvert and all fill material, place clean material in excavated
ditch and return all marsh to its original grade and contours.
I agree to complete this restoration to the satisfaction of the Division of Coastal Management (DCM) by May
15, 2005, or provide an explanation for non-compliance and a reasonable request for time extension. When
corrective actions are complete, I will notify the DCM so the work can be inspected.
SIGNATURE:
DATE:
It is the policy of the Coastal Resources Commission to levy a minimum civil assessment $350.00 and higher against
all violations of this type depending upon the damage to the resources. If restoration is not undertaken or satisfactorily
completed, a substantially higher civil assessment will be levied and an injunction sought to require restoration.

N
RESTORATION PLAN
For
Mullen Property, Quincy Cannady Legal Representative
Property located at 503 Oak Hammock Dr., Carteret County
_fib/Or�s/ar.('f.If
/MAR cN A�ydoPr!/�i9'%o 541Z f��+►AT I�f_ SCE
I, Mr. Quincy Cannady, agree to remove the culvert and all fill material, place clean mate ial in cavated
ditch and return all marsh to its original grade and contours.
I agree to complete this restoration to the satisfaction of the Division of Coastal ManagemeF(Dby
May
15, 2005, or provide an explanation for non-compliance and a reasonable request for timen. When
corrective actions are complete, I will notify the DCM so the work can be inspected.
SIGNATURE:
DATE:
It is the policy of the Coastal Resources Commission to levy a minimum civil assessment S350.00 an higher against
all violations of this type depending upon the damage to the resources. If restoration is not undertake or satisfactor ly
completed, a substantially higher civil assessment will be levied and an injunction sought to require restoration.

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1r. Quincy Cannady 0
15 Front Street Q
eaufort, NC 28516

UNITED STATES POSTAL SERVICE I I I II I PPostse S First -Class
& Fees �1s Paid
• Sender: Please print your name, address, and ZIP+4 in this box
N.C. Division ofcoastal, Management
400 CO*erce C 28557
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$68-28*Y 1 2 2005
Morehead City DCM
QZ / IIIIlIIIl'llIifliIIIdnrInIInIuIuIiIuJIIIi11I InIIIIIII

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15 Front Street
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UNITED STATES POSTAL SERVICE
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N.C. Division of Coastal
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1. Article Addressed to:
Mr. Quincy Cannady
415 Front Street Il I
Beaufort, NC 28516
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CERTIFIED
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IMPORTANT: Save this receipt and present it when making an inquiry.
Internet access to delivery information is not available on mail
addressed to APOs and FPOs.

Certified Mail Provides: asaay)zadz�a�rooeewejse
■ A mailing receipt
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Important Reminders:
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■ For an additional fee, a Return Receipt may be requested to provide proof of
delivery. To obtain Return Receipt service, please complete arid attach a Return
Receipt (PS Form 3811) to the article and add applicable postage to cover the
fee. Endorse mailpiece "Return Receipt Requested". To receive a fee waiver for
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required.
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m
D-
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Total Postage 8 Fees
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M1 Mr. Quincy Cannady
a.noea.r 415 Front Street
'(5w" ' Beaufort, NC 28516