05-01D Carteret Bulkhead Co.

FILE MEMORANDUM
TO: ROY BROWNLOW, COMPLIANCE COORDINATOR
FROM: M. TED TYNDALL, ASST. DIRECTOR
SUBJECT: VIOLATION CASE CLOSURE RECOMMENDATIONS
DATE: 02/01/2012
CC: RONDA BENNETT
Investigation has disclosed information that warrants discontinuation of enforcement action on
the case listed below. Therefore, based upon staff's review and circumstances in this case, I
hereby authorize closing/discontinuing CAMA Violation case No.: Q t-- Q 1 Q
M. TED TYNDALL. Assistant Director
02/01/2012
Date

,
LT MPFA
�v
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
05 January 2005
CERTIFIED MAIL #7004 2510 0001 8280 0086
RETURN RECEIPT REQUESTED
Mr. Dennis McClees
DBA Carteret Bulkhead Company
901 Highland Ave
New Bern, NC 28562
RE.- CAMA VIOLATION #05-01 D
Dear Mr. McClees:
This letter is in reference to the Notice of Violation dated 05 January 2005 that Roy Brownlow, representative
for the Division of Coastal Management, issued to you for violation of the terms and conditions of CAMA
General Permit No. 36886-D on Mr. Barry Allen's property located 138 Godwin Ave, Topsail Beach, Pender
County. The violation involved Estuarine Waters, Public Trust Area, and the,Estuarine Shoreline, which are
Areas of Environmental Concern (AEC) designated by the Coastal Resources Commission.
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. Please be reminded that you have been issued three prior Notice of Violations, at least
one for similar activity in the Estuarine Shoreline AEC. Pursuant to the North Carolina Administrative Code,
Title 15A, subchapter 7J. 0409(f)(4)(E)(ii), the amount of the civil assessment proposed against you will reflect
the repetitiveness of your noncompliance with the Coastal Area Management Act (CAMA) and the Coastal
Resource Commission's rules.
Under the rules of the Coastal Resource Commission, a proposed civil penalty in the amount of $200.00 is
appropriate for this violation. You may expeditiously resolve this matter prior to the assessment of a formal civil
penalty by accepting responsibility for the violation and paying the amount proposed above. In order to do this,
you must: (1) sign one of the attached copies of an "Agreement to Pay Civil Assessment;" (2) attach a check or
money order for $200.00 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.
127 Cardinal Drive Ext., Wilmington, North Carolina 28405-3845
Phone: [phone]d01 FAX: [phone] Internet; www.nccoastalmanagement.net
An Equal Opportunity \Affirmative Action Employer-50% Recycled 110% Post Consumer Paper

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NC DIVISION! OF COASTALeMAeNAAG� ME TDCA4
HESTRON PLAZA II, 151-B, HWY. 24
MOREHEAD CITY, NC 28557
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Mr. Dennis McClees
D.B.A. Carteret Bulkhead Company
05 January 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,
Manager
of Coastal
Enclosure
cc: Ted Tyndall, Assistant Director, DCM
Roy Brownlow, Compliance Coordinator, DCM
RIO,
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za
JAN 1 3 2005
Morehead City DCM
127 Cardinal Drive Ext., Wilmington, North Carolina 28405-3845
Phone: [phone] \ FAX: [phone] \ Internet: www.ncooastalmanagement.net
An Equal Opportunity \ Affirmative Action Employer — 50% Recycled \ 10% Post Consumer Paper

Mr. Dennis McClees
D.B.A. Carteret Bulkhead Company
Page 3 of 3
CAMA VIOLATION #05.01 D
Mr. Dennis McClees
Carteret Bulkhead company
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 $200.00 against me for violation of the Coastal Area
Management Act, NCGS 113A-100 et sec, committed on or near property at 138 Godwin Ave, Topsail Beach,
in Pender 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 05 January 2005, and
agree to pay the proposed civil assessment of $200.00.
DATE SIGNATURE
ADDRESS
Iyn' ram' TELEPHONE NUMBER
cry
127 Cardinal Drive Ext., Wilmington, North Carolina 28405-3845
Phone: [phone] FAX: [phone] Internet: www.nccoastaimanagement.net
An Equal Opportunity \ Affirmative Action Employer— 50% Recycled 110% Post Consumer Paper

North Carolina
Michael F. Easley, Governor
NCDENR
Department of Environment and Natural Resources
Division of Coastal Management
Charles S. Jones, Director William G. Ross Jr., Secretary
NOTICE OF VIOLATION
05 January 2005
CERTIFIED MAIL
Mr. Dennis McClees
DBA Carteret Bulkhead Company
901 Highland Ave
New Bern, NC 28560
A&A,,.) Usr'3
ZPCob-
RE. VIOLATION(S) OF CAMA GENERAL PERMIT NO.36886•D
CAMA VIOLATION #05-01D
Dear Mr. McClees: —.
This letter confirms that on 23 September 2004, DCM District Manager Jim Gregson, Local Permit Officer
Jimmy Canady, and I were onsite Mr. Barry Allen's property located at 138 Godwin Avenue adjacent to
Topsail Sound and the man-made canal located in or near Topsail Beach, Pender County, North Carolina.
The purpose of the visit was to investigate a complaint of a possible permit condition violation of the
permitted development of installing new bulkheading waterward of the existing deteriorated bulkheading.
This letter also confirms a meeting onsite this property with you, Mr. Allen, and associate Ms. Page Ferrell
on 12 October 2004 to discuss the complaint.
Information gathered by me for the NC Division of Coastal Management shows that you, as the contractor
and authorized agent for Mr. Allen and Ms. Ferrell, have violated the terms or conditions of CAMA General
Permit No. 36886-D which was issued to Ms. Page Ferrell and Mr. Barry Allen by the Coastal Resources
Commission and the North Carolina Department of Environment and Natural Resources. I hereby request
that you immediately CEASE AND DESIST such violation(s) and comply with the terms and conditions of
the above permit.
On 26 March 2004, CAMA General Permit No. 36886-D was issued to Mr. Barry Allen and Ms. Page Ferrell
for installation of new vinyl bulkheading immediately adjacent and waterward of the deteriorated asbestos
bulkhead within the Estuarine Waters, Estuarine Shoreline, and Public Trust Area in or near Topsail Sound
and the man-made canal waterway on property located in Pender County, North Carolina, at Mr. Allen's
property located at 138 Godwin Avenue. You obtain the permit as the authorized agent on behalf of Mr.
Allen and Ms. Ferrell. This permit was issued for a CAMA Major Development in an Area of Environmental
Concern, in accordance with North Carolina General Statutes (N.C.G.S.) 113A-118. This permit included
the following terms and conditions(s):
1. The sketch drawing on the permit indicated the canal side wall running approximately north and
south of the new bulkhead to be a linear distance ninety-eight (98') feet.
151-B Hwy. 24, Hestron Plaza II, Morehead City, North Carolina 28557
Phone: [phone] \ FAX: [phone] \ Internet: www.nccoastalmanagement.net

11v
Mr. Dennis McClees
05 January 2005
Page 2 of 3
2. Your signing the permit, as the authorized agent, certified that prior to undertaking any activities
authorized by this permit, that you [ or the applicant] would confer with the appropriate local
authorities to confirm that this project is consistent with the application, site drawing, and attached
general and specific conditions.
For the following reasons, you are in violation of the above terms and conditions(s) of the permit:
1. The "as -built" length of the subject wall is approximately one hundred six (±106') )inear feet running
approximately north and south on the canal side, or eight (8) linear feet in excess of the 98' linear
feet authorized by the permit.
2. Work commenced and was effectively completed without conferring with the appropriate local
authorities and DCM staff to confirm that this project is consistent with the application, site drawing,
and attached general and specific conditions.
If the terms and conditions of a permit are not complied with, the permit becomes null and void from the
date of its issuance.
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 $200 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 that 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, (N.C.G.S. 113A-126). Based upon,the North Carolina Administrative Code, Title 15A,
Subchapter 7J.0409(f)(4)(F)(ii), the policy of the Coastal Resources Commission its to levy a civil
assessment against contractors in addition to that assessed, against the landowner. Therefore, since this is
your second Notice of CAMA Violation in the same Area(s) of Environmental Concern, you should expect a
civil assessment to be levied against you.
In accordance with the Coastal Area Management Act, Coastal Resource Commission's rules, and the
local jurisdiction's Land Use Plan, the activity you have undertaken, installing vinyl bulkheading, appears
consistent with the guidelines for Areas. of Environmental Concern. Therefore, restoration of the impacted
area is not requested at this time. However, please be advised that upon request, the permit applicant
must be able to provide us proof that he/she has given the adjacent riparian property owner(s),notice of this
unauthorized development and provided them the opportunity to comment to the Division of Coastal
Management.
Should the applicant be requested to provide this documentation, the applicant must provide confirmation
that a written statement has been obtained, signed by the adjacent riparian property owners, indicating that
they have no objection to the completed work; or the applicant must provide confirmation that the adjacent
riparian property owners have been notified by certified mail of the completed work. This notice shall
instruct adjacent property owners to provide any comments on the completed development in writing,to this
Division within ten (10) days of receipt of the notice and shall indicate that no response from them will be
interpreted as not having any objection.
151-B Hwy. 24, Hestron Plaza II, Morehead City, North Carolina 28557
Phone: [phone] FAX: 252=247-33301 Internet: www.nccoastalmanagement.net
I---1.._:.... n-A-:-_r__i... . cno.n_-.._6 A 11. n__. ___ n.......

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i
Mr. Dennis McClees
05 January 2005
Page 3 of 3
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 my submission of an enforcement
report to the District Manager, you will be notified as to the amount of the civil assessment for failure to act
in accordance with the terms, conditions, or requirements of such permit.
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 about these important matters.
Sincerely,
Roy Brownlow
Compliance Coordinator, DCM
Cc: Ted Tyndall, Assistant Director, DCM
Jim Gregson, District Manager, DCM
Jimmy Canady, LPO, Town of Topsail Beach
151-B Hwy. 24, Hestron Plaza 11, Morehead City, North Carolina 28557
Phone: [phone] \ FAX: [phone] \ Internet: www.nccoastalmanagement.net
An Pn.ml Onnndunihr \ Affirmative Arfinn Fmnirnmr— rn-G Pa ,,,i d \ In^/ PnO Cnnc,,mar Panar

©RA f
r
NCDENR
North. Carolina Department of Environment and Natural Resources
Division°of Coastal Management
Michael F. Easley, Governor Charles S. Jones, Director William G. Ross Jr., Secretary
NOTICE OF VIOLATION
05 January 2005
CERTIFIED MAIL
RETURN RECEIPT REQUESTED
Mr. Dennis McClees
DBA Carteret Bulkhead Company
901 Highland Ave
New Bern, NC 28562
RE. VIOLATION(S) OF CAMA GENERAL PERMIT NO.36886-D
CAMA VIOLATION #05-01 D
Dear Mr. McClees:
This letter confirms that on 23 September 2004, DCM District Manager Jim Gregson, Local Permit Officer
Jimmy Canady, and I were onsite Mr. Barry Allen's property located at 138 Godwin Avenue adjacent to
Topsail Sound and the man-made canal located in or near Topsail Beach,'Pender County, North Carolina.
The purpose of the visit was to investigate a complaint of a possible permit condition violation of the
permitted development of installing new bulkheading waterward of the existing deteriorated bulkheading.
This letter also confirms a meeting onsite this property with you, Mr. Allen, and associate Ms. Page Ferrell
on 12 October 2004 to discuss the complaint.
Information gathered by me for the NC Division of Coastal Management shows that you, as the contractor
and authorized agent for Mr. Allen and Ms. Ferrell, have violated the terms or conditions of CAMA General
Permit No. 36886-D which was issued'% Ms. Page Ferrell and Mr. BarryAllenby the Coastal Resources
Commission and the North Carolina Department of Environment and Natural Resources. I hereby request
that you immediately CEASE AND DESIST such violation(s) and comply with the terms and conditions of
the above permit.
On 26 March 2004, CAMA General Permit No. 36886-D was issued to Mr. Barry Allen and Ms. Page Ferrell
for installation of new vinyl bulkheading immediately adjacent and waterward of the deteriorated asbestos
bulkhead within the Estuarine Waters, Estuarine Shoreline, and Public Trust Area in or near Topsail Sound
and the man-made canal waterway on property located in Pender County, North Carolina, at Mr. Allen's
property located at 138 Godwin Avenue. You obtain the permit as the authorized agent on behalf of Mr.
Allen and Ms. Ferrell. This permit was issued for a CAMA Major Development in an Area of Environmental
Concern, in accordance with North Carolina General Statutes (N.C.G.S.) 113A-118. This permit included
the following terms and conditions(s): ,
1. The sketch drawing on the permit indicated the canal side wall running approximately north and
south of the new bulkhead to be a linear distance ninety-eight (98') feet.
151-B Hwy. 24, Hestron Plaza II, Morehead City, North Carolina 28557
Phone: [phone] \ FAX: [phone] \ Internet: www.nccoastaimanagement.net

Mr. Dennis McClees
05 January 2005
Page 2 of 3
2. Your signing the permit, as the authorized agent, certified that prior to undertaking any activities
authorized by this permit, that you [ or the applicant] would confer with the appropriate local
authorities to confirm that this project is consistent with the application, site drawing, and attached
general and specific conditions.
For the following reasons, you are in violation of the above terms and conditions(s) of the permit:
1. The "as -built" length of the subject wall is approximately one hundred six (t106) linear feet running
approximately north and south on the canal side, or eight (8) linear feet in excess of the 98'. linear
feet authorized by the permit.
2. Work commenced and was effectively completed without conferring with the appropriate local
authorities and DCM staff to confirm that this project is consistent with the application, site drawing,
and attached general and specific conditions.
If the terms and conditions of a permit are not complied with, the permit becomes null and void from the
date of its issuance.
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 $200'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 that 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 (N.C.G.S. 113A-126). Based upon the North Carolina Administrative Code, Title 15A,
Subchapter 7J.0409(f)(4)(F)(ii), the policy of the Coastal Resources Commission is to levy a civil
assessment against contractors in addition to that assessed against the landowner. Therefore, since this is
your second Notice of CAMA Violation in the same Area(s) of Environmental Concern, you should expect a
civil assessment to be levied against you.
In accordance with the Coastal Area Management Act, Coastal Resource Commission's rules, and the
local jurisdiction's Land Use Plan, the activity you have undertaken, installing vinyl bulkheading, appears
consistent with the guidelines for Areas of Environmental Concern. Therefore, restoration of the impacted
area is not requested at this time. However, please be advised that upon request, the permit applicant
must be able to provide us proof that he/she has given the adjacent riparian property owner(s) notice of this
unauthorized development and provided them the opportunity to comment to the Division of Coastal
Management.
Should the applicant be requested to provide this documentation, the applicant must provide confirmation
that a written statement has been obtained, signed by the adjacent riparian property owners, indicating that
they have no objection to the completed work; or the applicant must provide confirmation that the adjacent
riparian property owners have been notified by certified mail of the completed work. This notice shall
instruct adjacent property owners to provide any comments on the completed development in writing to this
Division within ten (10) days of receipt of the notice and shall indicate that no response from them will be
interpreted as not having any objection.
151-B Hwy. 24, Hestron Plaza II, Morehead City, North Carolina 28557
Phone: [phone] \ FAX: [phone] \ Internet: www.nccoastalmanagement.net

Mr. Dennis McClees
05 January 2005
Page 3 of 3
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 my submission of an enforcement
report to the District Manager, you will be notified as to the amount of the civil assessment for failure to act
in accordance with the terms, conditions, or requirements of such permit.
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 about these important matters.
Sincerely,
1�& -
Roy Brownlow
Compliance Coordinator, DCM
Cc: Ted Tyndall, Assistant Director, DCM
Jim Gregson, District Manager, DCM
Jimmy Canady, LPO, Town of Topsail Beach
U.S.
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tza II, Morehead City, North Carolina 28557
247-3330 \ Intemet: www.nccoastalmanagement.net
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DCM ENFORCEMENT TRACKING REPORT
rt )2&C4111 Field Rep. F61C'u Issuer er 1�2&-),/ -0
Violation Base No. 6 —
LPO A B C
LPJ 6 1- Violated Permit No. C_ Z
(inapplicable)
Violation Description Was activity permittable? Yoe I No
Initial Discovery Date Discovery method 410.m -runs
Violation Description A;LP,
Respondent Information Prior Violations in same AEC: (les h No Case Number 61�S-0/4 -01
Respondent Name(s) e.S. Art, (L owner/Agend4EE3
Address ------- City . ...... State-_ &P zip_��=S
Phone # �1 ......... .. ------- Fax#
Email '
Violation Type:
Project Type:
Authorizations Required:
Site Visits
Respondent Site Visits Respondent
F] No Permit
Private/Community
Major CAMA
Present Present
Permit Condition
Govt./Public
L_J Minor D&F
1 L3
Ex fired
Commercial
\t4l General
Inconsistent wl Rules
Violation Location and'Site Description
Project Location: County__. T111
Street Address/ State Road/ Lot #(s) 13k­_&i
City _13CIA— ____ __ ZlP_'._­_­____­.._­_1­ _­_­.­'­_ -
Phone# River Basin...
Adj. Wtr. Body tfnaVmapJ/unkn)
Closest Maj. Wtr. BodYTo'054(&_
Rover File
Shoreline Length
SAV:
Not Sure Yes
Sandbags:
Not Sure Yes
IN
PNA:
Yes
Adjacent
g
ORW:
Yes
Adjacent
Crit.-Hab.
9
Photos
No
Waiver Required
Yes
No
In DWQ Buffer Area Y6
No
Restoration
NOV Date �/
Initial Req. Comp. Date
#.
Extension Granted
Yes
111
CNOV Date
Date Comp. Observed
Restoration Letter
Acceptance Date
Penalty Assessment
7LO409 Ref.
Recomm. Assess.
DCM Assess.
Sent to Respondent Date
A p.[Permit Fee
I P
!$
$
........... ..............
Rcvd. by Dist. Mgr. Date
I Penalty
I A#
$
Assessment Extended Yes
Willful/intent. f
No
$
; $
Continuing
!
$
Other
$
Total

Formal Assessments, Appeals and Reductions
Date Long Form Submitted Assessment Appealed Yes No
Date Formal CPA Submitted
Penalty modified
Final Assessment $ .. .._ _.., .. _...._ -_ . _.Date ...... ... .:..
Attorney General's Office for Injunction or Formal Collection
Date sent to AG Respondent not responsive to penalty/NOV I ..J Injunction to complete restoration
Date Collection Let. Sent ____-,_. __.. _,..__.._. Date Demand Let. Sent
Violation Activities and Impacts
AECs Affected:
CW OH
� � PTS
OEA HF IH
FC:
Other:
Restoration Required by the Respondent Yes / �c
Wetlands Impacted? Yes / No If yes, which types:
SA DS Cl SY JR LS TY
SS SC SP 404
Dimensions in excess
of permit/ unauthorized activities!
I
Dimensions to restore
Final dimensions
I allowed
.
I Actuallyrestored
If Development Activities
i
I �--O—n_�
---------------
1
.._.- -.__-___.....
Habitat Description
I
NOTES: ..4.7�5d--�. i(/P,_.O�(__Y7� �41�e.,- �i �Lc+ --- --
-----------------
Closing
Payment Received 8 ...:... . .......... ..___ _Date .. __...__..__. _ Date Case Closed

FUNCTION=> C DCM ENFORCEMENT PRIMARY VIOLATOR INFORMATION --------- RRD210
CASE: 990005C PERMIT #: GPC21059 CONSULTANT: BARRETT
NAME: MCCLEES, DENNIS ADDR: 350 RED BARN RD
CITY: NEWPORT STATE: NC ZIP: 28570 PHONE: [phone]
CNTY: CARTERET NEAREST WATER BODY: SPOONERS CREEK ST PLANE X:
LPO : LOCALITY: CARTERET ST PLANE Y:
VIO DESC: IMPROPER BULKHEAD INSTALLATION ALLOWING FOR THE MOVEMENT OF BACKFILL
: MATERIAL THROUGH, OVER, AND AROUND THE WALL --CLOSED PER C JONES--
NOV SENT: 01 22 99 VIOLATION: MAJOR: Y MINOR: PERM COND: Y CAMA: Y D&F: Y
RESTORE : N REQUESTED: COMPLETED:
ESTUARY: PUB TRST: SHORELINE: Y OCEAN HZ: OTHER: PRI NURS: ORW:
WETLANDS: SA: DS: CJ: SY: JR: LS: TY:
SS: SC: SP: IF: BF: WS: MF:
TYPE EXCAVATE FILLED RESTORE OTHER TYPE EXCAVATE FILLED RESTORE OTHER
EW 0 225 0 0 0 0 0 0
0 0 0 0 0 0 0 0
0 0 0 0 0 0 0 0
------------------------ASSESSMENT AND DISPOSITION-------
REC ASSMT: 00000 REFERENCES: CRITERIA:
REPORT RCVD: 01 22 99 ASSESSED: 0 TO OGC: TO VIOLATOR:
PAY REC: 0 ON: CASE CLOSED: 05 10 02
# VIOLATORS: 1 TOTAL ASSESSMENT: 0 TOT RECEIVED: 0
MESSAGE: ENTER DATA YOU WISH TO CHANGE
PFI=HELP PF2=MAIN MENU PF3=ENFORCEMENT MENU PF4=PREV SCREEN PF5=VIOLATOR

'FUNCTION=> C-------DCM ENFORCEMENT PRIMARY VIOLATOR INFORMATION --------- RRD210
CASE: 970066C PERMIT #: 13-97 CONSULTANT: BARRETT
NAME: MCCLEES, DENNIS ADDR: 247 LIVE OAK RD
CITY: NEWPORT STATE: NC ZIP: 28570 PHONE: [phone]
CNTY: CARTERET NEAREST WATER BODY: BOGUE SOUND ST PLANE X:
LPO : LOCALITY: CARTERET ST PLANE Y:
VIO DESC: GRADED WITHIN 75' OF BULKHEAD AN AREA NOT COVERED IN HIS MINOR PERMIT
NOV SENT: 12 01 97 VIOLATION: MAJOR: MINOR: Y PERM COND: CAMA: Y D&F:
RESTORE : N REQUESTED: COMPLETED:
ESTUARY: PUB TRST: SHORELINE: OCEAN HZ: OTHER: PRI NURS: ORW:
WETLANDS: SA: DS: CJ: SY: JR: LS: TY:
SS: SC: SP: IF: BF: WS: MF:
TYPE EXCAVATE FILLED RESTORE OTHER TYPE EXCAVATE FILLED RESTORE OTHER
ES 0 2400 0 0 0 0 0 0
0 0 0 0 0 0 0 0
0 0 0 0 0 0 0 0
------ ASSESSMENT AND DISPOSITION -----------------------------
REC ASSMT: 00050 REFERENCES: F5A CRITERIA: 03 23 95
REPORT RCVD: 01 05 98 ASSESSED: 100 TO OGC: 01 01 01 TO VIOLATOR: 01 15 98
PAY REC: 0 ON: CASE CLOSED:
# VIOLATORS: 1 TOTAL ASSESSMENT: 100 TOT RECEIVED: 0
MESSAGE: ENTER DATA YOU WISH TO CHANGE
PFI=HELP PF2=MAIN MENU PF3=ENFORCEMENT MENU PF4=PREV SCREEN PFS=VIOLATOR

FUNCTION=> C-------DCM ENFORCEMENT PRIMARY VIOLATOR INFORMATION --------- RRD210
CASE: 970037C PERMIT #: CONSULTANT: BARRETT
NAME: MCCLEES, DENNIS ADDR: 247 LIVE OAK ROAD
CITY: NEWPORT STATE: NC ZIP: 28570 PHONE: [phone]
CNTY: CARTERET NEAREST WATER BODY: BOGUE SOUND ST PLANE X:
LPO : LOCALITY: NEWPORT ST PLANE Y:
VIO DESC: FILLED LOT IN PREPARATION FOR RESIDENTIAL CONSTRUCTION
NOV SENT: 07 08 97 VIOLATION: MAJOR: MINOR: Y PERM COND: CAMA: Y D&F:
RESTORE : Y REQUESTED: 07 14 97 COMPLETED: 08 04 97
ESTUARY: PUB TRST: SHORELINE: Y OCEAN HZ: OTHER: PRI NURS: ORW:
WETLANDS: N SA: DS: CJ: SY: JR: LS: TY:
SS: SC: SP: IF: BF: WS: MF:
TYPE EXCAVATE FILLED RESTORE OTHER TYPE EXCAVATE FILLED RESTORE OTHER
ES 0 2000 0 0 0 0 0 0
0 0 0 0 0 0 0 0
0 0 0 0 0 0 0 0
------------------------ASSESSMENT AND DISPOSITION -----------------------------
REC ASSMT: 00050 REFERENCES: F5BI CRITERIA: 03 23 95
REPORT RCVD: 07 08 97 ASSESSED: 50 TO OGC: 01 01 01 TO VIOLATOR: 08 22 97
PAY REC: 50 ON: 09 25 97 CASE CLOSED: 10 08 97
# VIOLATORS: 1 TOTAL ASSESSMENT: 50 TOT RECEIVED: 50
MESSAGE: ENTER DATA YOU WISH TO CHANGE
PFI=HELP PF2=MAIN MENU PF3=ENFORCEMENT MENU PF4=PREV SCREEN PF5=VIOLATOR

,
NCDENR
North Carolina Department of Environment and Natural Resources
Division of Coastal Management
COPY
Michael F. Easley, Governor Charles S. Jones, Director William G. Ross Jr., Secretary
05 January 2005
CERTIFIED MAIL
RETURN RECEIPT REQUESTED
Mr. Dennis McClees
DBA Carteret Bulkhead Company
901 Highland Ave
New Bern, NC 28562
RE: CAMA VIOLATION #05-01 D
Dear Mr. McClees:
This letter is in reference to the Notice of Violation dated 05 January 2005 that Roy Brownlow, representative
for the Division of Coastal Management, issued to you for violation of the terms and conditions of CAMA
General Permit No. 36886-D on Mr. Barry Allen's property located 138 Godwin Ave, Topsail Beach, Fender
County. The violation involved Estuarine Waters, Public Trust Area, and the Estuarine Shoreline, which are
Areas of Environmental Concern (AEC) designated by the Coastal Resources Commission.
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. Please be reminded that you have been issued three prior Notice of Violations, at least
one for similar activity in the Estuarine Shoreline AEC. Pursuant to the North Carolina Administrative Code,
Title 15A, subchapter7J. 0409(f)(4)(E)(ii), the amount of the civil assessment proposed against you will reflect
the repetitiveness of your noncompliance with the Coastal Area Management Act (CAMA) and the Coastal
Resource Commission's rules.
Under the rules of the Coastal Resource Commission, a proposed civil penalty in the amount of $200.00 is
appropriate for this violation. You may expeditiously resolve this matter prior to the assessment of a formal civil
penalty by accepting responsibility for the violation and paying the amount proposed above. In order to do this,
you must: (1) sign one of the attached copies of an "Agreement to Pay Civil Assessment;" (2) attach a check or
money order for $200.00 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.
127 Cardinal Drive Ext., Wilmington, North Carolina 28405-3845
Phone: [phone] \ FAX: [phone] \ Internet: www.nccoastalmanagement.net
An Equal Opportunity \ Affirmative Action Employer— 50% Recycled \ 10% Post Consumer Paper

Mr. Dennis McClees
D.B.A. Carteret Bulkhead Company
05 January 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,
Jim Gregson, District Manager
Division of Coastal Management
Enclosure
cc: Ted Tyndall, Assistant Director, DCM
Roy Brownlow, Compliance Coordinator, DCM
127 Cardinal Drive Ext., Wilmington, North Carolina 28405-3845
Phone: [phone] \ FAX: [phone] \ Intemet: www.nccoastalmanagement.net
An Equal Opportunity \ Affirmative Action Employer— 50% Recycled \ 10% Post Consumer Paper

Mr. Dennis McClees
D.B.A. Carteret Bulkhead Company
Page 3of3
CAMA VIOLATION #05-01 D
Mr. Dennis McClees
Carteret Bulkhead Company
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 $200.00 against me for violation of the Coastal Area
Management Act, NCGS 113A-100 et sec, committed on or near property at 138 Godwin Ave, Topsail Beach,
in Pender 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 05 January 2005, and
agree to pay the proposed civil assessment of $200.00.
DATE
SIGNATURE
ADDRESS
TELEPHONE NUMBER
127 Cardinal Drive Ext., Wilmington, North Carolina 28405-3845
Phone: [phone] \ FAX: [phone] \ Internet: www.nccoastalmanagement.net
An Equal Opportunity \ Affirmative Action Employer - 50% Recycled \ 10% Post Consumer Paper

NCDENR
North Carolina Department of Environment and Natural Resources
Division of Coastal Management
Michael F. Easley, Governor Charles S. Jones, Director William G. Ross Jr., Secretary
NOTICE OF VIOLATION
05 January 2005
CERTIFIED MAIL
RETURN RECEIPT REQUESTED
Mr. Dennis McClees
DBA Carteret Bulkhead Company
901 Highland Ave
New Bern, NC 28562
RE. VIOLATION(S) OF CAMA GENERAL PERMIT NO.36886-D
CAMA VIOLATION #05-01 D
Dear Mr. McClees:
This letter confirms that on 23 September 2004, DCM District Manager Jim Gregson, Local Permit Officer
Jimmy Canady, and I were onsite Mr. Barry Allen's property located at 138 Godwin Avenue adjacent to
Topsail Sound and the man-made canal located in or near Topsail Beach, Pender County, North Carolina.
The purpose of the visit was to investigate a complaint of a possible permit condition violation of the
permitted development of installing new bulkheading waterward of the existing deteriorated bulkheading.
This letter also confirms a meeting onsite this property with you, Mr. Allen, and associate Ms. Page Ferrell
on 12 October 2004 to discuss the complaint.
Information gathered by me for the NC Division of Coastal Management shows that you, as the contractor
and authorized agent for Mr. Allen and Ms. Ferrell, have violated the terms or conditions of CAMA General
Permit No. 36886-D which was issued to Ms. Page Ferrell and Mr. Barry Allen by the Coastal Resources
Commission and the'North Carolina Department of Environment and Natural Resources. I hereby request
that you immediately CEASE AND DESIST such violation(s) and comply with the terms and conditions of
the above permit.
On 26 March 2004, CAMA General Permit No. 36886-D was issued to Mr. Barry Allen and Ms. Page Ferrell
for installation of new vinyl bulkheading immediately adjacent and waterward of the deteriorated asbestos
bulkhead within the Estuarine Waters, Estuarine Shoreline, and Public Trust Area in or near Topsail Sound
and the man-made canal waterway on property located in Pender County, North Carolina, at Mr. Allen's
property located at 138 Godwin Avenue. You obtain the permit as the authorized agent on behalf of Mr.
Allen and Ms. Ferrell. This permit was issued for a CAMA Major Development in an Area of Environmental
Concern, in accordance with North Carolina General Statutes (N.C.G.S.) 113A-118. This permit included
the following terms and conditions(s):
1. The sketch drawing on the permit indicated the canal side wall running approximately north and
south of the new bulkhead to be a'linear distance ninety-eight (98') feet.
151-B Hwy. 24, Hestron Plaza 11, Morehead City, North Carolina 28557
Phone: [phone] \ FAX: [phone] \ Internet: www.nocoastalmanagement.net
An Equal Opporlunity \Affirmative Action Employer — 50% Recycled \ 10% Post Consumer Paper

Mr. Dennis McClees
05 January 2005
Page 2 of 3
2. Your,signing the permit, as the authorized agent, certified that prior to undertaking any activities
authorized by this permit, that you [ or the applicant] would confer with the appropriate local
authorities to confirm that this project is consistent with the application, site drawing, and attached
general and specific conditions.
For the following reasons, you are in violation of the above terms and conditions(s) of the permit:
1. The "as -built" length of the subject wall is approximately one hundred six (±106') linear feet running
approximately north and south on the canal side, or eight (8) linear feet in excess of the 98' linear
feet authorized by the permit.
2. Work commenced and was effectively completed without conferring with the appropriate local
authorities and DCM staff to confirm that this project is consistent with the application, site drawing,
and attached general and specific conditions.
If the terms and conditions of a permit are not complied with, the permit becomes null and void from the
date of its issuance.
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 $200 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 that 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 (N.C.G.S. 113A-126). Based upon the North Carolina Administrative Code, Title 15A,
Subchapter 7J.0409(f)(4)(F)(ii), the policy of the Coastal Resources Commission is to levy a civil
assessment against contractors in addition to that assessed against the landowner. Therefore, since this is
your second Notice of CAMA Violation in the same Area(s) of Environmental Concern, you should expect a
civil assessment to be levied against you.
In accordance with the Coastal Area Management Act, Coastal Resource Commission's rules, and the
local jurisdiction's Land Use Plan, the activity you have undertaken, installing vinyl bulkheading, appears
consistent with the guidelines for Areas of Environmental Concern. Therefore, restoration of the impacted
area is not requested .atthis time. However, please be advised that upon request, the permit applicant
must be able to provide us proof that he/she has given the adjacent riparian property owner(s) notice of this
unauthorized development and provided them the opportunity to comment to the Division of Coastal
Management.
Should the applicant be requested to provide this documentation, the applicant must provide confirmation
that a written statement has been obtained, signed by the adjacent riparian property owners, indicating that
they have no objection to the completed work; or the applicant must provide confirmation that the adjacent
riparian property owners have been notified by certified mail of the completed work. This notice shall
instruct adjacent property owners to provide any comments on the completed development in writing to this
Division within ten (10) days of receipt of the notice and shall indicate that no response from them will be
interpreted as not having any objection.
151-B Hwy. 24, Hestron Plaza II, Morehead City, North Carolina 28557
Phone: [phone] \ FAX: [phone] \ Internet: www.nccoastalmanagement.net
An Equal Opportunity \ Affirmative Action Employer— 50% Recycled \ 10% Post Consumer Paper

Mr. Dennis McClees
05 January 2005
Page 3 of 3
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 my submission of an enforcement
report to the District Manager, you will be notified as to the amount of the civil assessment for failure to act
in accordance with the terms, conditions, or requirements of such permit.
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 about these important matters.
Sincerely,
"� &4-�
Roy Brownlow
Compliance Coordinator, DCM
Cc: Ted Tyndall, Assistant Director, DCM
Jim Gregson, District Manager, DCM
Jimmy Canady, LPO, Town of Topsail Beach
151-B Hwy. 24, Hestron Plaza II, Morehead City, North Carolina 28557
Phone: [phone] \ FAX: [phone] \ Internet: www.nccoastaimanagement.net
An Equal Oppodunity \ Affirmative Action Employer— 50% Recycled \ 10% Post Consumer Paper

--"I-
N.C. Divison of Coastal Managemer
Hestron Plaza II, 151 B, Hwy. 24
Morehead City, NC 28557
7004 1350 0001 1207 2142
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CO NC 185
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Dennis McClees
DBA Carteret Bulkhead Co.
901 Highland Ave.
New Bern, "' ^ -----
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■ Complete items 1, 2, and 3. Also complete
Item 4 if Restricted Delivery is desired.
■ Print your name and address on the reverse
so that we can return the card to you.
■ Attach this card to the back of the mailpiece,
or on the front if space permits.
1. Article Addressed to:
NX
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A. Signature
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X ❑ Addressee
B. Received by (Printed Name) C. Date of Delivery
D. Is delivery address different from Item i? Ll Yes
If YES, enter delivery address below: ❑ No
3. Sery ype
Certified Mail
❑ EWess Mail
❑ Registered
Receipt for Merchandise
❑ Insured Mail
❑ C.O.D.
4. Restricted Delivery? FFdre Fee) ❑ Yes
2. Article Number 7❑04 1350 ❑01 12❑7 2142
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