05-19D Saieed Construction Systems

20-Apr-05 NC DIVISION OF COASTAL MANAGEMENT ENFORCEMENT RECORD
CASE STATUS CASE NUMBER LAST NAME
FIRST NAME BUSINESS NAME:
�N 'Ill,I
OS-19D HURST RICHARD ST. JOSEPHS PARTNERS, LLC
CASE IS CLOSED I
NOV DATE CLOSURE DATE AFFLILIATION
PROPERTY OWNE
SECTOR Previous Violations in Same AEC
COMMERCIAL ❑ for Similar Activities
3729/2005 (—
MAILING ADDRESS
CITY STATE
ZIP CODE PHONE NUMBER
1135 MILITARY CUTOFF RD
WILMINGTON NC
28405- 1—
PROPERTY ADDRESS
COMMUNITY
WATERBODY NEAREST ROAD
630-670 ST. JOSEPHS ST
ICAROLINA BEA
1MYRTLE GROVE SOUND F_
DISTRICT OFFICE COUNTY DCM REPRESENTATIVE LPO CONTACT
WIRO .NEW HANOVER 1GREGSON I
VIOLATION TYPE
MAJOR CAMA plus DREDGE AND FILL
NATURE OF VIOLATION
'AFFECTE4AEC( CW EW
❑ OEA ❑ HHFA
AEC DESCRIPTION �—
v PTA v ES PTS
IHA PWS NCRA
Ithorized major development and violation of the State Dredge & Fill Law by the mechanical excavation
ging) of the bottom substrate in Myrtle Grove Sound and the discharge of dredged spoils or fill material into
:ent coastal wetlands and the placement of spoils or fill material in the ES. This activity occurred within the CW,
PTA, & ES AECs.
RESTORATION NOT REQUIRED - CONTRACTOR
❑ RESTORATION NOT REQUIRED - PERMIT -FABLE DEVELOPMENT
❑ RESTORATION NOT REQUIRED - FURTHER IMPACTS
❑ RESTORATION PENDING
RESTORATION REQUEST DATE COMPLETION DATE
4/29/2005
RESTORATION EXTENDED RESTORE DATE
DEADLINE F_
EXTENDED
❑ REFERRED TO AG'S OFFICE - COLLECTION
❑ REFERRED TO AG'S OFFICE - INJUNCTION
ASSESSMENT DATE PENALTY AMOUNT COLLECTION DATE AMOUNT COLLECTED
PENALTY STATUS -
__.PENALTYISSUED
❑ PENALTY NOT ISSUED WILLFUL INTENTIONAL PENALTY (MIN. OR DOUBLED) ❑ CNOV ISSUED
❑ CONRACTOR'S FIRST OFFENSE SETTLED, AGREED UPON, OR STIPULATED PENALTY ❑ PENALTY APPEALED
UNCOLLECTIBLE PENALTY
❑ FORMAL CPA ISSUED
Violations Involving Adversely Impacted Resources
AMOUNT OF ADVERSELY DISTURBED AREA (SO. FT.) 760
AMOUNT OF RESTORED AREA (SO. FT) F_
NOTES

A 4 L
TA
NCDENR
North Carolina Department of Environment and Natural
Division of Coastal Management
Re pgGF65VE0
ourcegUL 1 1 2005
Michael F. Easley, Governor Charles S. Jones, Director WMW@hea&" DCM
July 8, 2005
Mr. Richard J. Hurst
Saieed Construction Systems
1135 Military Cutoff Road
Suite 201
Wilmington, North Carolina 28405
RE: Closure Letter
Payment of Proposed Penalty for Violations of the Coastal Area Management
Act, Committed in New Hanover County
CAMA Violation H 05-19D
Dear Mr. Hurst:
This letter will acknowledge receipt of your Check N 6333, in the amount of $1000.00, dated
July 7, 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 Wilmington
office, [phone].
incerely,4C
J e H. Gregson
Di ct Manager
JHGfbar
cc: Ted Tyndall, Assistant Director
Roy Brownlow, Compliance Coordinator
WIRO File Copy
127 Cardinal Drive Ext., Wilmington, North Carolina 28405-3845
Phone: [phone] FAX: [phone] Internet: www.nccoastaimanagement.net
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w
NCDENR
North Carolina Department of Environment and Natural Resources
Division of Coastal Management
Michael F. Easley, Governor Charles S. Jones, Director n
July 7, 2005 F �'
CERTIFIED MAIL 7004 2510 00018280 0635 JUl_ 1 2 2005
RETURN RECEIPT REQUESTED
Mr. Richard J. Hurst
Saieed Construction Systems
1135 Military Cutoff Road
Suite 201
Wilmington, N.C. 28405
RE: CAMA VIOLATION #05-19 D
Dear Mr. Hurst:
Mor®hvew �;"ty DCN1
This letter is in reference to the Notice of Violation dated March 29, 2005 that Robb Mairs, Field
Representative for the Division of Coastal Management, issued to you for land disturbing activities
at 630, 650, and 670 St. Josephs Street, adjacent to and in Carolina Beach Yacht Basin/Myrtle Grove
Sound, located in Carolina Beach, off NC Highway 421, New Hanover County, North Carolina. The
violation involved unauthorized development within Estuarine Waters, Public Trust Area, Coastal
Shoreline, and Coastal Wetlands, which are areas of environmental concerns (AECs). Based upon
the site visit conducted on July 7, 2005 by Robb Mairs, Field Representative for the N.C. Division of
Coastal Management, and Ted Tyndall, Assistant Director for the Division of Coastal Management,
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
$1000 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 $1000 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.nccoastaimanagement.net
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"Richard J. Hurst
July 7, 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 G on,Distict ager
Diasrmvisi o otal Mana ent
Enclosure
cc: Ted Tyndall, Assistant Director, DCM
Roy Brownlow, Compliance Coordinator, DCM
Robb Mairs, Coastal Management Representative, DCM
Jeremy Hardison, LPO
127 Cardinal Drive Ext., Wilmington, North Carolina 28405-3845
Phone: [phone] FAX: [phone]Internet: www.nccoastalmanagement.net
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Richard J. Hurst
July 7, 2005
Page 3 of 3
CAMA VIOLATION #05-19 D
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 $1000 against me for violation of the Coastal Area
Management Act, NCGS 113A-100 et se , committed on or near my property 630, 650, 670 St.
Josephs Street in Carolina Beach, New Hanover 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 July 17, 2005, and agree to pay the proposed civil
assessment of $1000.
DATE
SIGNATURE
ADDRESS
TELEPHONE NUMBER
127 Cardinal Drive Ext., Wilmington, North Carolina 28405-3845
Phone: [phone] FAX: [phone]nternet: www.nccoastaimanagement.net
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(L
DEPARTMENT OF THE ARMY
WILMINGTON DISTRICT, CORPS OF ENGINEERS
PO BOX 1890
WILMINGTON NC 28402-1890
May 20, 2005
Regulatory Division
Action ID: 200500267
Mr. Richard Hurst
St. Josephs Partners, LLC
1135 Military Cutoff Road
Wilmington, North Carolina 28405
Dear Mr. Hurst:
Rpm
MAY 2 $ 2005
Morehead City DCM
Please reference the March 28, 2005, multiple agency meeting held at your property located
at 630, 650 and 670 St. Josephs Street, adjacent to the Carolina Beach Yacht Basin/Myrtle Grove
Sound, located in Carolina Beach, New Hanover County, North Carolina. The participants of
this meeting included Tom Farrell from the U.S. Army Corps of Engineers, Robb Mairs from the
North Carolina Division of Coastal Management (CAMA), Steve Morrison from Land
Management Group Incorporated, Inc., Mike Davis, and Stephen Saieed.
The onsite investigation revealed that you are responsible for unauthorized excavation
(dredging) of the bottom substrate within the Carolina Beach Yacht Basin/Myrtle Grove Sound
and discharge of dredged spoil material in approximately 760 square feet of Coastal wetlands of
Myrtle Grove Sound, a navigable water of the United States.
These activities, undertaken in waters of the United States without the prior approval from
this office in the form of a Department of the Army (DA) permit, constitutes a violation of
Section 10 of the Rivers and Harbors Act of 1899 (33 USC 403) and Section 404 of the Clean
Water Act. You should cease and desist from any further unauthorized work within wetlands
and navigable waters of the United States. Failure to comply with this request may result in
referral of this matter to the United States Attorney with a recommendation for civil prosecution,
and/or a civil penalty for a violation of permit conditions pursuant to 33 USCA Section 1319 (g)
(1)(b).
The purpose of this onsite meeting was to address these violations and the restoration of
impacted jurisdictional areas. At the time the unauthorized work was performed your project
was being reviewed by the U.S. Army Corps of Engineers for a DA permit. The review process
for your permit is presently being put on hold until the unauthorized work is resolved.

-2-
The Corps has received your letter dated April 27, 2004, which stated that you would like to
modify the original marina design, that the fill material placed in coastal wetlands has been
removed and placed in uplands, and you had performed a hydrographic survey of the dredged
area to help determine if you had dredged more than you had requested in your original
application. Since the project had a violation during the review process and you have modified
your original request the Corps has decided to send your new modification request to the Federal
agencies for a 30-day review.
Thank you for your time and cooperation. Any questions regarding this matter may be
addressed to Mr. Wicker at the Wilmington Regulatory Field Office, Post Office Box 1890,
Wilmington, North Carolina 28402, at [phone].
Copies Furnished:
Steve Morrison
Land Management Group, Inc.
Post Office Box 2522
Wilmington, North Carolina 28402
United States Attorney
Eastern District of North Carolina
310 New Bern Avenue
Suite 800, Federal Building
Raleigh, North Carolina 27601
Mr. Wesley Crum, Chief
Coastal Section
U.S. Environmental Protection Agency
61 Forsyth Street, SW
Atlanta, Georgia 30303
Mr. Ron Sechler
National Marine Fisheries, NOAA
Habitat Conservation Division
Pivers Island
Beaufort, North Carolina 28516
Sincerely,
Keith A. Harris, Chief
Wilmington Regulatory Field Office
Mr. John Dorney
Division of Water Quality
N.C. Department of Environment
and Natural Resources
1650 Mail Service Center
Raleigh, North Carolina 27699-1650
Mr. Doug Huggett
Division of Coastal Management
N.C. Department of Environment
and Natural Resources
400 Commerce Avenue
Morehead City, North Carolina 28557
Mr. Jim Gregson
Division of Coastal Management
N.C. Department of Environment
and Natural Resources
127 Cardinal Drive Extension
Wilmington, North Carolina 28405

-3-
Mr. Roy Brownlow
Division of Coastal Management
N. Department of Environment
and Natural Resources
400 Commerce Avenue
Morehead City, North Carolina 28557
Noelle Lutheran
Division of Water Quality
N.C. Department of Environment
and Natural Resources
127 Cardinal Drive Extension
Wilmington, North Carolina 28405

AMA
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
March 29, 2005 WD FF
CERTIFIED MAIL #7002 2410 0006 9368 2341 Jlj fi) Jlj
RETURN RECEIPT REQUESTED APR 0 4 2005
Mr. Richard J. Hurst
St. Josephs Partners, LLC Morehead City DCM
1135 Military Cutoff Road
Wilmington, North Carolina 28405
RE: NOTICE OF VIOLATION AND REQUEST TO CEASE UNAUTHORIZED DEVELOPMENT
CAMA VIOLATION #05-19D
Dear Mr. Hurst:
This letter confirms that on March 24, 2005, Jason Dail (NC Division of Coastal Management), Robb Mairs
(NC Division of Coastal Management), Bill Owens (Snow Marine Construction & Dredging), Cad Snow
(Snow Marine Construction & Dredging), Mike Davis (Project Manager, Saieed Construction Systems),
Stephen Saieed (CEO, Saieed Construction Systems), Todd Saieed (Saieed Construction Systems), Noelle
Lutheran (NC Division of Water Quality) and I were onsite at your property located at 630, 650, and 670 St.
Josephs Street, adjacent to the Carolina Beach Yacht Basin 1 Myrtle Grove Sound, located in or near
Carolina Beach, off NC Highway 421, New Hanover County, North Carolina. The purpose of the visit was to
investigate unauthorized development of mechanical excavation (dredging) of the bottom substrate within
the Carolina Beach Yacht Basin I Myrtle Grove Sound; the discharge of dredged spoils or fill material into
Coastal Wetlands and the placement of dredged spoil material within the Coastal Shoreline of Myrtle Grove
Sound. This Notice also confirms onsite meetings on March 25, 2005 with Bill Owens, Carl Snow and
myself and on March 28, 2005 with Steve Morrison (Land Management Group, Inc.), Tom Ferrell (US Army
Corps of Engineers), Robb Mairs, Mike Davis, and Stephen Saieed.
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-1 18.
I have information that indicates you have undertaken or are legally responsible for the excavation of the
bottom substrate of an area in the Carolina Beach Yacht Basin I Myrtle Grove Sound to prepare for the
construction of the proposed Carolina Bay Condominium Manna; the discharge of dredged spoils or fill
material into approximately 760 square feet of Coastal Wetlands adjacent to Myrtle Grove Sound as a result
of the dredging and excavation operation; the placement of dredged spoil material along the Coastal
Shoreline of Myrtle Grove Sound and for the construction of a vinyl sheet pile bulkhead on the
aforementioned property. The exact extent of the area of excavation within Myrtle Grove Sound has not yet
127 Cardinal Drive Ext., Wilmington, North Carolina 28405-3845
Phone: [phone] FAX: [phone] Intemet: www.nccoastalmanagement.net
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Mr. Richard J. Hurst
March 29, 2005
Page 2 of 4
been determined, however, it is my understanding, through conversations with Stephen Saieed and Bill
Owens, that approximately three quarters of the area proposed under a pending CAMA Major / Dredge and
Fill Permit Application has been excavated. This amount would cover approximately 46,856 square feet and
would have resulted in the excavation of approximately 4,812 cubic yards of material. During the offloading
of this dredged and excavated spoil material from the barge, spoil material was spilled into the adjacent
Coastal Wetlands. This resulted in the filling of approximately 760 square feet of regularly flooded Spartina
altemillora marsh. The disposal of the excavated material on the high ground portion of the property
resulted in the placement of this material on approximately 16,500 square feet of land within the Coastal
Shoreline of Myrtle Grove Sound and within the Coastal Shoreline Buffer area. The bulkhead construction
was taking place within the existing man-made basin on the northeast side of the project site. A CAMA
General Permit (Permit No. 36842-D) was issued for the construction of approximately 500 linear feet of
bulkhead in this location on March 12, 2004. This Permit expired on June 12, 2004. This activity took
place in the Estuarine Waters, Public Trust Areas, Coastal Wetlands and the Coastal Shoreline that are
contiguous with the Carolina Beach Yacht Basin/Myrtle Grove Sound. Estuarine Waters, Public Trust Areas,
Coastal Wetlands and the Coastal Shoreline 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.
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. 11 3A-1 26).
It is the policy of the Coastal Resources Commission to levy a minimum civil assessment of $500
not to exceed $2,500 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 depends on several factors, including the nature and
area of the resources that were affected and the extent of the damage to them. Based upon the
North Carolina Administrative Code, Title 15A, Subchapter 07H. State Guidelines for Areas of
Environmental Concern, the activity you have undertaken, excavation of bottom substrate material
from Myrtle Grove Sound; the discharge of dredged/excavated spoil or fill material into Coastal
Wetlands; the disposal of dredged/excavated spoil material within the Coastal Shoreline of Myrtle
Grove Sound and the construction of a bulkhead within a man-made basin off Myrtle Grove Sound
in the Estuarine Waters, Public Trust Area, Coastal Shoreline, and Coastal Wetland AECs, is not
consistent with Section .0203, .0205, .0206, .0207 and .0209, which state that development
occurring within these AECs is compatible with natural characteristics so as to minimize the
likelihood of significant loss of private property and public resources; that uses that are not water
dependent shall not be permitted in Coastal Wetlands, Estuarine Waters and Public Trust Areas;
that development will have a minimum adverse impact upon the productivity and biological integrity
of coastal marshland; spoil material from new construction shall be confined landward of regularly
and irregularly flooded coastal wetlands and stabilized to prevent entry of sediments into the
adjacent water bodies or marsh; and within the Coastal Shoreline category, new development
shall be located a distance of 30 feet landward of the normal water level or normal high water level.
Therefore, I am requesting:
127 Cardinal Drive Ext., Wilmington, North Carolina 28405-3845
Phone: [phone] \ FAX: [phone] \ Internet: www.nccoastalmanagement.net
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Mr. Richard J. Hurst
March 29, 2005
Page 3 of 4
1. All fill material within Coastal Wetlands be removed to a high ground location
approved by DCM and landward of the 30 feet Coastal Shoreline Buffer Area.
2. That all dredged/excavated material shall be relocated at least 30 feet
landward of the normal high water line of Myrtle Grove Sound and stabilized
(i.e., sediment fences and other erosion control measures) to prevent erosion
into the adjacent waterbody or marsh.
3. A survey must be conducted of the area of excavation in Myrtle Grove Sound to
delineate the extent of the excavation of the bottom substrate and show the existing
water depths at normal water level. This survey shall be provided to the appropriate
DCM Representative.
4. No additional work may be conducted until proper permits have been issued by the
Division of Coastal Management, the US Army Corps of Engineers, and any other
applicable federal, state or local agency. Please refer to the enclosed Restoration
Agreement.
If you intend to cooperate with my request, please sign one of the attached Restoration Agreements and
return it to me in the enclosed, self-addressed envelope within ten (10) days of receipt of this letter. Failure
to comply with this request or respond back to this office prior to the requested deadline with an acceptable
schedule for compliance will be interpreted as a refusal to cooperate and will result in a Notice of Continuing
Violation, as well as a court injunction being sought ordering compliance.
The relevant statutes and regulations are available from this office, and I am willing to assist you in
complying with the requirements of these laws. A site inspection will be made in the near future to
determine whether this REQUEST TO CEASE AND DESIST has been complied with. I request that you
contact me immediately.
Thank you for your time and cooperation in resolving this important matter. If you have any questions about
this or related matters, please call me at [phone]. Upon completion of the restoration as requested in
the Restoration Plan Agreement to the satisfaction of the Division of Coastal Management, you will be
notified as to the amount of the civil assessment for undertaking development without first obtaining the
proper permit(s) and/or development that is inconsistent with Coastal Resources Commission rules.
Sincerely,
4Ji Grac
W' mington District Manager
Cc: Ted Tyndall, Assistant Director, DCM
Roy Brownlow, Compliance Coordinator, DCM
Henry Wicker (US Army Corps of Engineers)
Tom Ferrell (US Army Corps of Engineers)
Merrie Jo Alcoke (AG's Office)
Noelle Lutheran (Division of Water Quality)
Jeffrey T. Gregorio (Registered Agent, St. Joseph Partners, LLC)
ENCLOSURE
127 Cardinal Drive Ext., Wilmington, North Carolina 28405-3845
Phone: [phone] \ FAX: [phone] \ Internet: www.nccoastalmanagement.net
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RESTORATION PLAN
For
St. Josephs Partners, LLC Property
CASE NUMBER: 05-19D
Property located at 630, 650, 670 St. Joseph's Street, Carolina Beach, New Hanover County
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RECgey_EO,
0`,c�9ry
���N
..,
W
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L.T.
1 '� I FILL tN ;MARSH TO LEI'.
REN ED 19'k40'
FILL MATERIAL TO BE MOVED
LANDWARD AT LEAST 30 FEET FROM
NHW LINE
I, Richard J. Hurst, agree to remove all material from within Coastal Wetlands to a highground
location, landward of the 30 feet Coastal Shoreline Buffer Area. I agree to relocate all dredged
material to a point at least 30 feet landward of the normal high water line of Myrtle Grove Sound
and' to stabilize the area with sediment fences and other erosion control measures to prevent
erosion into the adjacent waterbody or marsh. I agree to conduct a survey of the area of excavation
in Myrtle Grove Sound that would indicate the extent of the excavation and existing water depths. I
agree that no additional work may conducted until proper permits have been issued by the Division
of Coastal Management and the US Army Corps of Engineers.
I agree to complete this restoration to the satisfaction of the Division of Coastal Management
(DCM) by April 29, 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 $500 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.

DCM INTEROFFICE MEMORANDUM
TO: TED TYNDALL
FROM: ROY BROWNLOW, COMPLIANCE COORDINATOR
SUBJECT: ST. JOSEPHS PARTNERS, LLC VIOLATION
DATE: 4/4/2005
CC: JIM GREGSON
Jim Gregson issued NOV case number 05-19D on 03/29/2005 to Mr. Richard Hurst of St. Josephs
Partners, LLC, who is out of Wilmington, NC. The violation involves unauthorized major development .
violation of the State Dredge & Fill Law. The violation occurred at 630-670 St. Josephs Street, adjacent to
the Carolina Beach Yacht Basin and Myrtle Grove Sound in Carolina Beach, New Hanover County. The
marine contractor who performed the unauthorized activity is Carl Snow of Snow Marine Construction &
Dredging. The project contractor is Saieed Construction Systems. Mike Davis (Saieed Construction
Systems) is the project manager. Todd and Stephen Saieed are the owners of Saieed Construction
Systems. The project CAMA Permit consultant is the Land Management Group out of Wilmington.
This is a large scale project involving the construction of a new condominium complex adjacent to the
Yacht Basin/Myrtle Grove Sound. It also involves the addition of 42 boat slips to an existing 30 slip marina.
St. Josephs, LLC has an [express] CAMA Major Permit #36.04 for the high ground development of the
condominiums, pools, parking lot, and walkways. A CAMA General Permit had been issued for bulkheading
.up to 500' but it expired in June 2004. The project has been issued DWQ (stormwater/401) and DLQ
permits. An application for dredging and excavation of the boat basin is currently under review. The EA and
FONSI were submitted to the state clearinghouse on 10/31/2004. There is a letter from the consultant
explaining there is no permit issued the SEPA process is complete. The waters of the basin are classified as
SB, closed to shellfishing, and are not PNA.
According to the marine contractor, Carl Snow, he was instructed by Mike Davis, project manager, to
begin the excavation of the bottom of the basin on or about January 15 or 16, 2005. Mr. Snow reported that
his company started work on the bulkhead around February 10 —12, 2005 and they began dredging and
excavation work around February 10 -12, 2005. Mr. Snow said he was instructed to place the spoils where
they are in its present location in or near the 30' buffer and within the Coastal Shoreline AEC. The
unauthorized dredging and excavation work was done by dragline, backhoe, barge, and dump truck.
It appears the aforementioned parties have undertaken or are legally responsible for:
• The excavation of the bottom substrate of an area in the Carolina Beach Yacht Basin / Myrtle
Grove Sound to prepare for the construction of the proposed Carolina Bay Condominium Marina
• The discharge of dredged spoils or fill material into approximately 760 square feet of Coastal
Wetlands adjacent to Myrtle Grove Sound as a result of the dredging and excavation operation;
• The placement of dredged spoil material along the Coastal Shoreline of Myrtle Grove Sound and
for the construction of a vinyl sheet pile bulkhead on the aforementioned property.

• The exact extent of the area of excavation within Myrtle Grove Sound has not yet been determined,
however, it is estimated that approximately three quarters of the area proposed under a pending
CAMA Major / Dredge and Fill Permit Applicati as -bee xcavated.
• This amount would cover approximat 46,856 square feet d would have resulted in the
excavation of approximately 4,812 cubic y s
• During the offloading of this dredged and excavated spoil material from the barge, spoil material
was spilled into the adjacent Coastal Wetlands. This resulted in the filling of approximately 760
square feet of regularly flooded Spartina alterniflora marsh.
• The disposal of the excavated material on the high ground portion of the property resulted in the
placement of this material on approximately 16,500 square feet of land within the Coastal Shoreline
of Myrtle Grove Sound and within the Coastal Shoreline Buffer area.
• The bulkhead construction was taking place within the existing man-made basin on the northeast
side of the project site. A CAMA General Permit (Permit No. 36842-D) was issued for the
.construction of approximately 500 linear feet of bulkhead in this location on March 12, 2004. This
Permit expired on June 12, 2004.
• The activity described herein took place in the Estuarine Waters, Public Trust Areas, Coastal
Wetlands and the Coastal Shoreline that are contiguous with the Carolina Beach Yacht
Basin/Myrtle Grove Sound.
At the time of my site visit on 03/29/2005, silt fencing is installed around the waterward perimeter of the
deposit area; plywood is installed over the grates that were placed to unload the barge. However, this was
being removed at the time of my visit. The fill material in the marsh is removed and restored to the original
substrate.
Please see the attached pictures, site plan, NOV, and restoration plan for the specific details. Photos taken
by me on my 03/29/2005 site visit are on the server at: TAWilmington\Violations & Investigations\St.
Josephs.

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APR-01-2005 17:16 From: To:4 P.1/2
State of North Carolina
Department of'Gnvironment and Natural Resources
Wilmington Regional Office
Michael F, Easley, Governor William 0. Ross Jr., Secretary
FAX COVER SHEET
:Date:
q / 0 S
To:
7—
CO:
Ve-py
:rAX #:
2-52 , 2 q7-. 3334
r
No. Of rages:
From:
CO: 'I)Golv
FAX#: [phone]
127 Cardlnnl DrIvQ Gxtenelun, Wllminglon, N.C. 21t411SJ041 Tcicplume ('l10) J')Sv19011 pna (910) 35162014
An Cgual Opportualty AI1lrmadvc Agdgn Cmpinycr