05-08C Ellis

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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
September 19, 2005
Mr. Eric Ellis
205 Nottingham Drive
Morehead City, NC 28557
RE: Payment of Proposed Penalty for Violations of the Coastal Area Management Act,
Committed in Carteret County
CAMA Violation #05-08C
Dear Mr. Ellis:
This letter will acknowledge receipt of your check #3096, in the amount of $350..00, and dated
September 19, 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 my Morehead City
office, [phone].
Sincerely,
Tere Barrett
District Manager
TB/Isb
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.nccoastalmanagement.net
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11
4
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
September 02, 2005 p.�-
LSB fJ�RB
CERTIFIED MAIL TB 2 RB
RETURN RECEIPT REQUESTED MTT
Mr. Eric Ellis
205 Nottingham Lane
Morehead City, NC 28557
RE: CAMA VIOLATION #05-08C
Dear Mr. Ellis:
This letter is in reference to the Notice of Violation dated March 02, 2005 that Mark Hardeman,
representative for the Division of Coastal Management, issued to you for construction of a bulkhead within
the coastal marsh on the property of Mr. Matt Flora at Lot 1, Coral Bay Ridge, Atlantic Beach, Carteret
County. The violation involved Estuarine Waters, Coastal Wetlands, and Public Trust Waters, which are
Areas of Environmental Concern 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.
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;" (2)
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 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 Avenue, 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. Eric Ellis
September 02, 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

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_ T Mr. Eric Ellis
September 02, 2005
Page 3 of 3
CAMA VIOLATION #05.08C
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 $350.00 against me for violation of the Coastal Area
Management Act, NCGS 113A-100 et se�{c , committed on or near the property of Mr. Matt Flora, located at Lot
1, Coral Bay Ridge, Atlantic Beach 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 March 02, 2005, and agree to pay the proposed civil assessment of $350.00.
DATE
SIGNATURE
ADDRESS
TELEPHONE NUMBER
a

Mr. Eric Ellis
September 02, 2005
Page 3 of 3
r,
CAMA VIOLATION #05.08C
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 $350.00 against me for violation of the Coastal Area
Management Act, NCGS 113A-100 et sec , committed on or near the property of Mr. Matt Flora, located at Lot
1, Coral Bay Ridge, Atlantic Beach 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 March 02, 2005, and agree to pay the proposed civil assessment of $350.00.
1_ o
SIGNATURE
ADDRESS
TELEPHONE NUMBER

DCM ENFORCEMENT TRACKING REPORT
/%Aele 11040E IPMAL suer 05
Field Rep. Violation Base No. V
LP r��LAiAoA% A B C D
LPJ IAF tl� Violated Permit No.
(if apaikabie)
Violation Description Was activity permittable? Yes /CLO)
Initial Discovery Date &h I B, M65 DiscoveryMethod Z)171 v e. a�/
Violation Description /9PP�6K 10 /j,u4iutti0 r12e-d /bvlleAead" i AV LaaS5/r-) � �S
i.tJc%�r.vy q iou.u,o
Respondent Information
Respondent Name(s)
///-� L '1Wt 5
Address d205 Alol7l Al//hi2-k"
Phone# -�25,2-7�26—
Prior Violations in same AEC: LS
(t3NE City
Fax #
CYL. bif2, C
No Case Number 05-68C-01
�,•„ (Landowner/Agent/Contractor)
4e40 61' State A1e Zip aFss %
Email
Violation Type:
Project T e:
Authorizations Required:
Site Visits Respondent
Site Visits Respondent
o Permit
PrivatelCommunit
Major CAMA
o5 Present
a a3 -05 Present
yes
Permit Condition
Govt./Public
Minor D&F
Yes
Expired Permit
Commercial
General
G
7
nwnsistent wl Rul
Violation Location and Site Description
Rover File L0821 l3
Project Location: County e AR7 ERE %
,
Shoreline Length N6
Street Address/ State Road/ Lot #(s)
SAV: Not Sure Yes dJo
GO i --I-
Sandbags: Not Sure Yes (19
Subdivision (fora-1 3ay R"dge
PNA: Yes (f Adjacent
City /9` 14AITIC B"-Ch ZIP ;29516
ORW: Yes Adjacent
,�
" Wh 0a'k
!
Phone # ( ) River Basin ,
Photos No
Adj. Wtr. Body 309 u. S d - (net man /unkn)
es o
Waiver Required YYes
I
Closest Maj. Wtr. Body �pq fl`e Sd ,
In DWQ Buffer Area
//
Restoration
NOV Date 3 -�'OS Initial Req. Comp. Date 'VIA '
�� �
L.°�" '"" Extension Granted Yes No
Q Restoration Letter
CNOV Date Date Comp. Observed tip" •% e
O� Z� Acceptance Date iiii �7'ZA5
ff
Penalty Assessment
71.0409 Ref. Recomm. Assess. DCM Assess.
Sent to Respondent Date App./Permit Fee
A*) $ -;25z $
/ r00
Penalty /`Y� $ 106 $
Rcvd. by Dist. Mgr. Date lll...
Assessment Extended Yes No Willful/Intent.
$ $
Continuing
$ $
Other
$ $
Total 3 �CJ 00

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
Penalty modified
No
Date sent to AG Respondent not responsive to penalty/NOV Injunction to complete restoration
Date Collection Let. Sent Date Demand Let. Sent
Violation Activities and Impacts
AECs Affected: Wetlands Impacted? Yes / No If yes, which types:
® C PTA SA . ES PTS DS SY ® LS TY
OEA HHF IH SS SC S 40
PWS: FC:
Other:
Restoration Required by the Respondent Yes I
i
Dimensions in excess Dimensions to restore Final dimensions Actually restored
of permit/ unauthorized activities allowed
Development Activities
Habitat Description
NOTES:
Closing
Payment Received $ Date Date Case Closed

AMA
NCDENR
North Carolina Department of Environment and Natural Resources
Division of Coastal Management
Michael F. Easley, Governor
CERTIFIED MAIL
RETURN RECEIPT REQUESTED
Mr. Eric Ellis
205 Nottingham Lane
Morehead City, NC 28557
Charles S. Jones, Director
NOTICE OF VIOLATION
March 2, 2005
w �P�
William G. Ross Jr., Secretary
r
RE.,NOTICE OF VIOLATION AND REQUEST TO CEASE UNAUTHORIZED DEVELOPMENT
CAMA VIOLATION #05-08 C
Dear Mr. Ellis:
This letter is in reference to our February 23, 2005 meeting onsite at the Matt Flora property off Salter Path
Rd. off Bogue Sound in or near Atlantic Beach in Carteret County, North Carolina. The purpose of the
onsite meeting was to investigate unauthorized development on the aforementioned property.
Information gathered by me for the Division of Coastal Management indicates that your actions as
contractor for Mr. Matt Flora are in violation of the Coastal Area Management Act (CAMA) as well as the
State's Dredge and Fill Law. 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 pursuant to the North Carolina General Statutes (N.C.G.S.) 113A-118.
I have information that indicates you have undertaken or are legally responsible for unauthorized
development (140' bulkhead) and land disturbing activity on the aforementioned property. This activity took
place in Coastal Wetlands, Estuarine Waters, and Estuarine Shorelines that are contiguous with the Bogue
Sound. Coastal Wetlands, Estuarine Waters and Estuarine Shoreline areas are designated as Areas of
Environmental Concern (AEC). No 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.
i
I request that you immediately CEASE AND DESIST any further development and contact me about this
matter. A civil assessment of up to $2,500 may be assessed against any violator. ;Each day that the
development described in this Notice is continued or repeated may constitute a separate violation, which is
subject to an additional assessment of $2,500. An injunction or criminal penalty may also be sought to
enforce any violation pursuant to N.C.G.S. 113A-126.
It is the policy of the Coastal Resources Commission to assess a minimum civil penalty;$350.00 against all
violations of this type. This is done to recoup some of the costs of investigating the! violation and/or to
400 Commerce Avenue, Morehead City, North Carolina 28557
Phone: [phone] FAX: [phone] Internet: www.nccoastalmanagpment.net

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.
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, unauthorized development in the Coastal
Wetland and the Estuarine Shoreline AEC, is not consistent with Section 15A NCAC 07H.0208(b)(7)(B)
which states that bulkheads shall be constructed landward of significant marshland or marshgrass fringes.
Based upon the North Carolina Administrative Code, Title 15A, Subchapter 710409(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 Violation in the same Area
of Environmental Concern, you should expect a civil assessment to be levied against you.
The relevant statutes and regulations are available from this office, and I am willing to assist you in
complying with the requirements of these laws. A site inspection will be made in the 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,
Mark Hardeman
Coastal Management Representative
cc:TaN, Assistant Director, DCM
Tere Barrett, District Manager, DCM
Roy Brownlow, Compliance Coordinator, DCM
Henry Wicker, USACE

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FUNCTION=> C-------DCM ENFORCEMENT PRIMARY VIOLATOR INFORMATION --------- RRD210
CASE: 020047C PERMIT #: CONSULTANT: WHEELER
NAME: ELLIS, ERIC ADDR: 205 NOTTINGHAM LANE
CITY: MOREHEAD CITY STATE: NC ZIP: 28557 PHONE: [phone]
CNTY: CARTERET NEAREST WATER BODY: BOGUE SOUND ST PLANE X: 2639200
LPO : LOCALITY: CARTERET ST PLANE Y: 349400
VIO DESC: INSTALLATION OF FIVE 13' X 13' UNCOVERED BOATLIFTS
NOV SENT: 11 02 02 VIOLATION: MAJOR: Y MINOR: PERM COND: LAMA: Y D&F:
RESTORE : N REQUESTED: COMPLETED:
ESTUARY: Y PUB TRST: Y SHORELINE: 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
PT 0 0 0 845 0 0 0 0
EW 0 0 0 845 0 0 0 0
0 0 0 0 0 0 0 0
------------------------ASSESSMENT AND DISPOSITION -----------------------------
REC ASSMT: 00000 REFERENCES: F4FI CRITERIA: 07 01 91
REPORT RCVD: ASSESSED: 0 TO OGC: TO VIOLATOR:
PAY REC: 0 ON: CASE CLOSED:
# 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

CASE STATUS CASE. NUMBER LAST NAME '
FIRST NAME BUSINESS NAME
O° CASEIS OPEN„
4 0508C j ELLIS J) ERIC
L a O ICASEJS CLOSED_ -
Previous Violations k'Same AEC
NOV DATE CLOSURE DATE Elapsedpays AFFLILIATION SECTOR for. Similar'Aetivities
3t212005� "'°.:I` 2025 is CONTRACTOR 11COMMERCIAL(
MAILING ADDRESS,' CITY STATE ZIP CODE PHONE NUMBER
205 NottmNottm ham Lane J, Morehead CR j'� �l 28557- kl (252 726 6775 l;
NC . '
",PROPERTYADDRESS;' COMMUNITY ,WA°fER80DY 'NEARESTROAD,..'
t "LOT 1 CORAL BAY RIDGE I ATLANTIC.BEACH ( BOGUE SOUND N �jj SALTER PATH rt
!1
'.' DISTRICT OFFICE, COUNTY, ! . DCM. REPRESENTATIVE LPO CONTACT' "
1:- MHCDO``—_�_ F #
� CARTERET HARDEMAN ( D TURNER .._,.
- - - ._ -..... .
a
VIOLATION TYPE AFFECTED AEl
MAJOR CAMA plus DREDGE AND FILL
NATURE OFVIOLATION-". ' ' ;AEC,DESCRIPI
Unauthorized major development and violation of the State's Dred
140' of unauthorized bulkheading within the CW, ES, and EW AEC
3TORATION STATUS
RESTORATION _NOT REQUIRED- CONTRACTOR -
RESTORATION,NOT REQUIRED - PERMITTABLE DEVELOPMENT
RESTORATION NOT REQUIRED FURTHER IMPACTS�1,
RESTORATION PENDING .0
❑, CW ❑ EW ❑ PTA Q ES PTS
❑ OEA ❑ HHFA ❑ IHA ❑ PWS ❑ NCRA
EW, ES, CW.. ....
& Fill Law by commencing land disturbance and
adjacent to Bogue Sound
RESTORATION
RESTORATION EXTENDED RESTORE DATE
[7 DEADLINE:
EXTENDED
REFERRED TO AG'S OFFICE - COLLECTION
LI ~,. s
REFERRED TO AG'S OFFICE - INJUNCTION . -
ASSESSMENT DATE PENALTY. AMOUNT - COLLECTION DATE, AMOUNT COLLECTED
,. PENALTY STATUS
PENALTYISSUED
PENALTY NOT ISSUED f I'-1= WILLFUL •INTENTIONAL PENALTY (MIN, OR DOUBLED) 9t CNOV ISSOEp ' ,
[J CONRACTOR'S" FIRST OFFENSE OQ SETTLED, AGREED UPON, OR STIPULATED PENALTY Or PENALTY APPEALED -
I : Q UNCOLLECTIBLE PENALTY Q' FORMAL CPA ISSUED
Violations'Involving AdverselyImpacted' Resources.''
AMOUNT OF ADVERSELY DISTURBED AREA (SO. FT) �1 p
AMOUNT OF RESTORED AREA (SQ... FT)
'NOTES
ELLIS IS CONTRACTOR FOR FLORA, MATT - CASE NO. 05-07C. THIS IS ELLIS' SECOND VIOLATION IN THIS
AEC FOR SIMILAR ACTIVITY - SEE CASE NO. 02-47C.

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
April 19, 2005
Mr. Matt Flora
P. 0. Box 151411
Alexandria, VA, 22315-1411 #
RE:RESTORATION ACCEPTANCE — CAMA VIOLATION #05 — 07 C
Dear Mr. Flora
This letter is in reference to the Notice of Violation # 05 07 C sent to you dated March 2, 2005 for the
unauthorized construction of 140' of bulkhead and sedimentation due to the construction within the Coastal
Wetlands, Estuarine Waters and Estuarine Shoreline AEC's in or near Bogue Sound. The violation took
place on your property located at Lot 1, Coral Bay Ridge off of Salter Path Road in or near the community
of Atlantic Beach in Carteret County, North Carolina. This unauthorized activity constituted development
and you were requested to remove the bulkhead and return the ground to it's original grade 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 April 8, 2005 to inspect the restoration of the
unauthorized activity addressed in the Notice of Violation 05 07 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 252-808-2808.
Sincerely,
Mark Hardeman
Coastal Management Representative
Cc:Ted Tyndall, Assistant Director, DCM
Tere Barrett, District Manager, DCM
Roy Brownlow, Compliance Coordinator, DCM
Mickey Sugg, USACE
400 Commerce Avenue, Morehead City, North Carolina 28557
Phone: [phone] \ FAX: [phone] \ Internet: www.nccoastalmanagement.net
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29-Sep-05
NC DIVISION OF COASTAL MANAGEMENT ENFORCEMENT RECORD
CASE STATUS CASE NUMBER LAST NAME
FIRST NAME BUSINESS NAME:
U�I OS-OBC ELLIS ERIC
CASE IS CLOSED Previous Violations in Same
AEC for Similar Activities
NOV DATE CLOSURE DATE Elapsed Days AFFLILIATION SECTOR
3/2QD09 � Z01 CONTRACTOR COMMERCIAL
MAILING ADDRESS CITY STATE ZIP CODE PHONE NUMBER
205 Nottingham Lane Morehead City NC 28557- [phone]
PROPERTY ADDRESS COMMUNITY WATERBODY NEAREST ROAD
LOT 1 CORAL BAY RIDGE ATLANTIC BEACH 1BOGUESOUND SALTER PATH R
DISTRICT OFFICE COUNTY DCM REPRESENTATIVE LPO CONTACT
1MHCD0 CARTERET HARDEMAN D. TURNER
EW PTA J ES PTS
VIOLATION TYPE AFFECTED AEC(S) I,•J� CW �W
MAJOR CAMA plus DREDGE AND FILL I OEA HHPA IHA PWS NCRA
NATURE OF VIOLATION
AEC DESCRIPTION
nauthorized major development and violation of the State's Dredge & Fill Law by commencing land disturbance and
40' of unauthorized bulkheading within the CW, ES, and EW AECs adjacent to Bogue Sound
RESTORATION STATUS - - - - - - -- RESTORATION REQUEST DATE COMPLETION DATE
U RESTORATION NOT REQUIRED - CONTRACTOR RESTORATION EXTENDED RESTORE DATE
❑ DEADLINE
'`J RESTORATION NOT REQUIRED - PERMITTABLE DEVELOPMENT EXTENDED
❑ RESTORATION NOT REQUIRED - FURTHER IMPACTS ❑ REFERRED TO AG'S rOFFICE - INJUNCTION
I- RESTORATION PENDING INJUNCTION DATE:I -
❑ REFERRED TO AG'S OFFICE - COLLECTION
- -' COLLECTION REQUEST DATE: I
ASSESSMENT DATE PENALTYAMOUNT COLLECTION DATE AMOUNTCOLLECTED
PENALTY STATUS g/2/2005 $350 9/19/2005 $350
Ili PENALTY ISSUED I WILLFUL & INTENTIONAL PENALTY MIN. OR DOUBLED)
❑ PENALTY NOT ISSUED ] CNOV ISSUED CNOV DATE
❑ CONRACTOR'S FIRST OFFENSE PENALTY APPEALED APPEAL DATE
FORMAL CPA ISSUED FFORMAL CPA DATE
Ll SETTLED, AGREED UPON, STIPULATED PENALTY I SETTLEMENT DATE
❑ UNCOLLECTIBLE PENALTY r-UNCOLLECTIBLE DATE
Violations Involving Adversely Impacted Resources
AMOUNT OF ADVERSELY DISTURBED AREA (SO. FT.)
AMOUNT OF RESTORED AREA (SQ. FT)
NOTES
FOR SIMILAR ACTIVITY - SEE CASE NO. 02-47C.