05-17C Diller

FINVA
NCDENR
North Carolina Department of Environment and Natural Resources
Division of Coastal Management
Michael F. Easley, Governor James H. Gregson, Director William G. Ross Jr., Secretary
June 20, 2007
Ward and Smith, P.A.
Mr. Frank H. Sheffield, Jr.
Post Office Box 867
New Bern, North Carolina
28563-0867
Re: Boat Docking
Dear Mr. Sheffield:
This letter is in response to our phone conversation on June 19, 2007 in regards to your client, Mr. Bill
Diller.
It is the Division of Coastal Management's opinion that with typical and traditional mooring or docking of a
boat on a boat lift or similar boat mooring device in shallow water areas, there can possibly be minor
disruption of the bottom substrate localized at or near the stem of the boat where the boat rests in the
cradle or bunks of the lift, depending on the water depth and other factors. The Division contends in these
cases there usually is little to no evidence of a spoil mound, burying or smothering of shellfish or
submerged aquatic vegetation with the resulting sediment lens, or filling of nearby marsh as a result of the
docking of a boat which can be determined to be "development" pursuant to the Coastal Area Management
Act [NCGS 113A-103]. This type of evidence, among others, is characteristic of "prop -dredging", "prop -
washing", or "kicking" of the bottom substrate.
Please feel free to contact me if you have any questions about this matter.
Sincerely,
Roy Brownlow
Compliance Coordinator, DCM
Cc: M. Ted Tyndall, Assistant Director, DCM
400 Commerce Avenue, Morehead City, North Carolina 28557
Phone: [phone] \ FAX: [phone] \ Internet: www.nccoastaimanagement.net
An Equal Opportunity 1 Affirmative Action Employer — 50% Recycled 110% Post Consumer Paper

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Ps Forth 3811, February 2004
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N.C. Division of Coastal Management
400 Commerce Avenue
Morehead City, N.C. 28557
808-2808
[V C,$ lltl1111lmill,lit11111,1n11lIllillil!1111111111 illf li, tll,l

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1. Article Addressed to:
Mr. Bill Diller
703 Comet Dr.
Beaufort, NC 28516
2. Article Number
(transfer from service k"O
PS Form 3811, February 2004
A. Signature
X /✓I
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c. a of D
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If YES, enter delivery address below: 0 No
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N.C. Division of Coastal Management
400 Commerce Avenue
Morehead City, N.C. 28557
808-2808
, 1 1 ❑, $ A) 4 1
=c„1 � 1 1, 1 1 1

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N.C. Division of Coastal Management
400 Commerce Avenue
Morehead City, N.C. 28557
808-2808

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1. Arscle Ad6essed m:
Mr. Bill Diller
703 Commerce Drive
Beaufort, NC. 28516
A Signature
X ❑Agent
are
B. ed by(Printed Name) C. Datgoj bpii
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if YES, enter delivery address below: ❑ No
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N.C. Division of Coastal Management/,"In
400 Commerce Avenue
Morehead City, N.C. 28557
808-2808

Division of Coastal Management
VIOLATION COMPLAINT LOG SHEE
OWNER OF PROPERTY: IZ I R 0 c ((e E
ADDRESS
or LOCATION OF PROPERTY:
COMPLAINTANT INFORMATION
NAME:
/
ADDRESS:
PHONE NO.:
COMPLAINT
PHONE
RECEIVED
❑ E-MAIL DATE:
TIME: RECER
ED BY:
❑ IN PERSON �� ��3
El LETTER (0- 7
NATURE
U�OFTH/�ECOMPLAINT: /l�G
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REFERRED TO: '2_� AGENCY/DIV.:
DATE OF REFERRAL: & -r(-2o67
REPORT OF INVESTIGATION: ��---
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9��SIGNED BY INVESTIGATOR: DATE:
FINAL DISPOSITION: 71i2a3f,0�� T `6v rc�
Aoo„� ,�0/5� �,v 90�.
SIGNED: DATE:
ENFORCEMENT RESPONSE: 71 6t",�u,.,C ovl�szs �
FOLLOW-UP CALL TO COMPLAINTANT BY: I DATE:

Division of Coastal Management
VIOLATION COMPLAINT LOG SHEI
OWNER OF PROPERTY: �& I l D1' I (2T(- n p
ADDRESS or LOCATION OF PROPERTY: De��'-�X SIP
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COMPLAINTANT INFORMATION
NAME: t&_"q 60-(Arte_-
ADDRESS:
PHONE NO.: 2,-& 070y
COMPLAINT PHONE
RECEIVED ❑ E-MAIL DATE: TIME: RECEI`
❑ IN PERSON j1#2007
❑ LETTER
NATURE OF THE COMPLAINT: Kt/J .41 ��1 edo t //of 1I0
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REFERRED TO: 92:�'j ejrvu h AGENCY/DIV.: D
DATE OF REFERRAL: 5-(1(01 US Cup
boo -
REPORT OF INVESTIGATION: IOm
SIGNED BY INVESTIGATOR:
FINAL DISPOSITION:
SIGNED:
ENFORCEMENT RESPONSE:
FOLLOW-UP CALL TO COMPLAINTANT BY:
DATE:
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CAMA / ❑ DREDGE & FILL n
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Gi ENERAL PERMIT Ipp Previous
I ew ❑Modification -]Complete Reissue Partial Reissue Date pre
As authorized by the State of North Carolina, Department of Environment and Natural Resources
and the Coastal Resources Commission in an area of environmental concern pursuant to 15A NCAC
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Applicant Name
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Project Location: County_
Address
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Street Address/ State Road/ Lot
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Phone # ('1) ` G " ' ` i Fax # O Subdivision
Authorized Agent ' ' t �C: • g City
Affected ❑CW DEW ❑PTA DES ❑PTS Phone# (_)
AEC(s): ❑OEA ❑HHF ❑IH ❑UBA ❑N/A Adj. Wtr.Body_
❑ PWS: ❑FC:
ORW: yes / no PNA yes / no Crit. Hab. yes / no Closest Maj. Wtr.
Type of Project/ Activity—'
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Pier (dock) length• ..�1`/.:! x w`
Platform(s) , X ! 0
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Groin length
number
Bulkhead/ Riprap length
avg distance offshore
max distance offshore
Basin, channel
cubic yards
Boat ramp
Boathous oadift
Beach Bulldozing_
Other
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Shoreline Length
SAM not sure
yes '. c)
Sandbags: not sure
yes ' .6o)
Moratorium: n/a
yes ` �,rp
Photos. : '-
' 'yes. o)
Waiver Attached:
yes no,s
(2) 4P1798
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Notes/ Special Condition, i )arc. E' i7r,i� r(} /, riJT% !i' Y C C r'r/ / /�'f- :%f • -/X �. (it'L" ,� � I % l �" % s•t:If eC% •f-✓cr'r-'e
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COPY
CAMA / ❑ DREDGE & FILL ' ti =• 3 ` f E7f3
rt GENERAL PERMIT Previous per it# _ _
New ❑Modification []Complete Reissue ❑Partial Reissue Date previOL s permit issued I
authorized by the State of North Carolina, Department of Environment and Natural Resources .� A
I [he Coastal Resources Commission in an area of environmental concern pursuant to I SA NCAC
❑ Rules attached.
llcant Name in s / f �S ili di ,L; s1 be.1 '•% f Project Location: County '
dress Street Address/ State Road/ Lot (s)
State fl; C ZIP "
Fax # O Subdivision
.horized Agent J' I , Lc City ZIP_
d ❑CW DEW ❑PTA ❑ES ❑PTS Phone# (_) ' River Basin
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❑ PWS: ❑FC:
Closest Maj. Wtr. Body
;W: yes / no PNA yes / no Crit. Hab. yes / no
pet of Project/ Activity t X y 2 :? <' a.r rj —� (, r t. Al k •' % F: IGr < : [t a...
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avg distance offshore
max distance offshore
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ADJACENT RIPARIAN PROPERTY OWNER STATEMENT
(FOR A PIER/MOORING PlUAVSBOATLIFTBOATHObSE)
I hereby certify that I own property adjacent to
property located at
�l r�
V
! 4 ffl �drnol a �p K 's
,(Name of Property Owner)
I J l _ ,
Block, Road, etc.)
on /V �Gy'/V�s tQ',Ve " in'6(rz(l "NC.
(We rbody) (Town and/or County)
He has described to me, as shown below, the development he is proposing at that
location, and I have no objections to his proposal. I understand that a pier/mooring
pilings/boatlift/boathouse must be set back a minimum distance of fifteen feet (15")
from my area o arian access unless waived by me.
! o n t wish to waive the setback requirement.
I do wish to waive that setback requirement.
------------------------------------
DESCRIPTION AND/OR DRAWING OF PROPOSED DEVELOPMENT:
(To be fdled in by individual proposing development)
------------------------------
Signature
/ Print or Typeifame
LTelephone Number
Date
/- '

L.E. Kaweckl
Tax Law Speeialisr
ID No. 50A0103 '
Tar. BOMB,
I11K\/\.7 Outreach
noh Planning & Rcvicw
1111 Constitution Avenue, N.W.
knommi R~ve amrrr' Aun: TFIGE:TE6:O, 5th Floor
. rms09 __ Washington. U.C. 702-14
Uffice: 2r,103-97a2 FAX: 202-2$3-9797
Email: [e-mail]
From:
Fax Z5--z ' 7 A k - Pinatas: �
Phare � , Date:
Re: CC.
❑ Urgant Q For Ravilaw ❑ Ploasa Comment ❑ Please Reply 0 Please Racyc"
This mrtmunication is intended for the Sole use of the idividuIel b whom it is addressed and may contain
infer wrbOn that a Privileged, confderidal and exempt from diwksure under appk2bie law. N the reader of this
corrsnunicabon Is not the inEanded recipient or the employee or agent for delivering the crarrrxniofon to the
Intended recipent you are hweby notified that any diaeernination, distribution, or copying of this corrsrsnicabon
may be strictly prohibited. If you have received this mmmunicatlon in error, please notify the sender immediately by
trdephone. Ana return the comnxnlcallon to the above Address vie the US Poatal Serviee
e Comments

FUNCTION=> C NEXT PERMIT=> GENERAL PERMIT ENVY/UPDATE RRDI160
PERMIT NO: GPC40798 DISTRICT: I COUNTY: CARTERET
AEC DESIG: EW PT APP FEE: 100.00 REGIONAL REP: HARDEMAN
APPLICANT NAME: DILLER, BILL AND SHANNON **
MAILING ADDRESS: 703 COMET DRIVE
CITY: BEAUFORT STATE: NC ZIP: 28516
LOCATION: GPS # L012513A WATER BODY: NEWPORT RIVER i
LOCATION ADDRESS: 703 COMET DRIVE (WHEN DIFFERENT FROM MAILING)
CITY: NEWPORT STATE: NC ZIP: 28570
DEV AREA: 0.00 PROJECT DESC: P-12 STATE PLANE COORD X: Y:
WORK: PR 292 4 00 0 EL 8 10 00 0 FS 8 16 00 0 OT 3 16 00 0
MNT:
IMP:
ACTION EXPIRATION
DREDGE AND FILL: 02 01 05 05 01 05
CAMA MAJOR DEVELOPMENT: 02 01 05 05 01 05
MESSAGE: ENTER DATA YOU WISH TO CHANGE
PFI=HELP PF2=MAIN MENU PF3=PERMIT MENU PF4= PREVIOUS SCR EN PFS=ADD

CARTERET COUNTY COURTMOUGE
CENTRAL PERMIT OFFICE OF
CART'E� COO LJ ' 'I'YI
COURTHOUSE SOUARE
BEAUFORT, N. C. 28518-1898
728-8543
9WLOINGS. MOOILE HOMES. ELECTRICAL, PL40MOING. MCCNAMICAL
ADJACENT RIPARIAN PROPERTY OWNER STATEMENT
I hereby certify that I own property adjacent to:
AN�0� �;�\Q1Z
property located at: f 2,1 �o� AC]� ?® 3
near (water body) PULL. Pr1 r2� �au t /L
in (county) C Q-40-af t
The applicant described to me as shown below, the development
he/she is proposing in that location and:
I have no objections to this proposal
I do have objections to this proposal
Description and/or drawing of proposed development:
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ID%Se}!/2 Q114 A
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CAMA and DREDGE AND FILL / 26135 _,`
1 G E N E R A L
PERMIT
as authorized by the State of North Carolina
Department of Environment and Natural Resources and the Coastal Resources Commission
in an area of environmental concern pursuant to 15 NCAC t t �1c>
Applicant Name
Address
Citv
Project Location (County, State Road, Water Body, etc.)
Type of Project Activity
State :
Phone Number
zip
.? . `T
nonumber
Bulkhead Length
max. distance offshore
■
J(V
MEN
■
Boat ramp dimensions
Other
■
■
■SODS
■SOON
■
■■■■■■
1�
This permit is subject to compliance with this application, site drawing
and attached general and specific conditions. Any violation of these terms
may subject the permittee to a fine, imprisonment or civil action; and
may cause the permit to become null and void.
This permit must be on the project site and accessible to the permit of-
ficer when the project is inspected for compliance. The applicant certi-
fies by signing this permit that 1) this project is consistent with the local
land use plan and all local ordinances, and 2) a written statement has
been obtained from adjacent riparian landowners certifying that they
have no objections to the proposed work.
In issuing this permit the State of North Carolina certifies that this project
is consistent with the North Carolina Coastal Management Program.
issuing date
applicant's signature
permit officer's signature
expiration date
attachments
f,
application fee

u SENDER:
'
a
•Complete items 1 and/or 2 l services.
ish to receive the
•TWIue
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•Complete items 3, 4a, and g services (for an
• Print your name and addreerse of this form so that we can r):
to
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card you.
:Otthemailpieos.
•Adach this fo= to the frontiece, or on the back if space doesAddressee's Address
permit.•wdte'Rstum
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Receipt Requmail ece below the article numb
p Restrcted Delivery„•The Return Receipt will shohe snide was delivered and the d
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Postrnaster for fee.
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CERTIFIED
HE WOOD SURG°"ON
1403 LENNOMLLE RG,tJ
BEAUFORT, NC 28516
919-728.5767
44 �
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WANPXTED
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L.S. POSTAGE
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BEAUFORT ERST.N;
Z 023 718 508 7851
JUL OUNT
�rv�rcosrmss AMOUNT
rosrm snwcc _ 77
27360 7 00050997—C3
NAM
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UNCLAIMED ;1 7,7 Cc � a�

EXHIBIT "A"
Being all of lot number three (3), ,section seven (7),
Deerfield Shores Subdivision as shown and depicted on that map
recorded in Map Book 19, Page 48, Carteret County Registry.
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ADJACENT RIPARIAN �pRopERTy
i
STATEMENT
I hereby certify that l own property adjacent to
(N
property located at —G: �1- 3 ,� id.v 7 a=Ll-;.6/ S�
Ut, Block, Road, etc.)
on / c�a✓ oon �/s Piz in _ .0� ,�: o'�%e,
aterbody) (Town and/or Ci
He has described to me as shown below, the development he is
and, I have no objections to his proposal.
-------------
DESCREMON AND/OR DRAWING OF PROPOSED D
f7 be filled in by individual proposing develops
II •7 /'Pa To d
lid cle 4/p re"
L,fsi s
n dk4y Is
Or, Property Owner)
-e5
N.C.
using at that location,
9�P e5 / ? Bri
Print or Type Name
'Ci 7 �� -ors rl
Telephone Number
Date:, �'_L
I

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Guthrie Prop.
4
705 Comet Dr.
2/9/01
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F. A. .a: i cnhar;,ie.r
ADDITIONAL CONDITIONS
Permit No. 11.4-73
Page 2 of 2
(5) In order to protect water quality, runoff from the construction area must
not visibly increase the amount of suspended sediments in adjacent waters.
(6) Tho diked disposal area must be constructed a sufficient distance from the
mean high water line or any marshland to eliminate the possibility of dike
erosion into or upon the adjacent waters and/ or marshland.
For Work With Dragline
(7) All excavacrd materials must be confined above mean high water and landward
of regularly or irregularly flooded marshlands.
(8) No septic tank systems may be placed in filled areas. NOTE: Approval for
all septic tank systems must come from the local health department.
(9) A ground cover sufficient to restrain erosion must be planted or oEherwise
provided within thirty (30) working days oh spoil, fill and other disturbed
areas upon which further construction is not undertaken. Further, any cut
or fill slopes must be stabilized within 30 working days after final placement.
NOTE: This project will require an erosion and sedimentation control plan
since more than one acre of land is to be disturbed. The plan must be
submitted to the Department of Natural Resources and Community Development,
Land Quality Section, 1502 North Market Street, Washington, NC 27889.
It must be filed at least thirty (30) days prior to beginning anv
land -disturbing activity.

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Diller Dredge & Fill Violation - Carteret County
Subject: Diller Dredge & Fill Violation - Carteret County
From: Roy Brownlow <[e-mail]>
Date: Tue, 15 May 2007 11:31:08 -0400
To: Tom Farrell <[e-mail]>, Joanne Steenhuis <[e-mail]>
CC: Ted Tyndall <[e-mail]>, Tere Barrett <I'[e-mail]>, Ryan Davenport
<[e-mail]>
BCC: "Charles S. Jones" <[e-mail]>
Tom and Joanne:
Hope this finds you doing well.
I'm conducting a dredge & fill investigation in Carteret County, in waters contiguous with the Newport River near
Ware Creek, in the Deerfield Subdivision off Hwy 101 (SR 1161 near Beaufort), specifically 703 Comet Drive,
Beaufort, NC 28516 (dick on the address for a map) The neighbor, Kemp Guthrie, filed a complaint because the
sediment and spoil berm is encroaching toward his dock area. Field Rep Ryan Davenport and I conducted a site visit
investigation on 05/11/2007. According to Mr. Guthrie, it appears the property owner William (Bill) Diller did 'kicking'
or'prop washing' of the bottom substrate adjacent to his fixed and floating docks. This is a shallow water tributary
and is adjacent to PNA.
Mr. Diller has a previous violation for this same activity at the same location (DCM Case no. 05-17C issued
05113/2005). Mr. Diller was not very cooperative in the beginning of that case and it took nearly a year to get him to
restore the impacted area to a reasonably dose pre -development condition. Due to the apparent careless and
reckless disregard for coastal resources and the repetitive nature to violate the State's dredge and fill law, we are
asking your assistance in this investigation .
Please contact me in regards to this violation and I look forward to working with you to havel the adversely impacted
resources restored to its pre -development condition.
Best regards,
Roy
Roy Brownlow, Compliance Coordinator
,vision of Coastal Manaitement
NC Depadmenl of Environment and Natuml Resources
400 Commeme Avenue
Morehead City, NC 28557
Phone. 252.W82(i3B FAX [phone]D
Toll Free: 888.912.CAMA
Email: Roy.13rownlowancmail.net
I of 4 5/15/2007 11:37 AM

Diller Dredge & Fill Violation - Carteret County
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I Diller Dredge & Fill Violation - Carteret County
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5/15/200711:37 AM

May. 1, 2007 4:31PM CARTES=T CO PLANNING DEPT
No:3437 P. 1
Carteret County
Local Government
CAMA
MINOR DEVELOPMENT
PERMIT
as authorized by the State of North Carolina, Department of Environment,
and Natural Resources and the Coastal Resources Commission for development
in an area of environment concern pursuant to Section 113A-118 of the
General Statutes, "Coastal Area Management'
Issued to William Diller, authorizing development in the Estuarine Shoreline (AEC) at 703 Comet Dave, in Beaufort, NC,
as requested in the permitBme's application, dated May 7, 2007. This permit, issued on Mav 24. 2007, is subject to
compliance with the application and site drawing (where consistent with the permit), all applicable regulations and
special conditions and notes set forth below. Any violation of these terms may subject permittee to a fine, imprisonment
or civil action, or may cause the permit to be null and void.
This permit authorizes: Grade, fill, install pool, concrete pad and stone wall.
(1) All proposed development and associated construction must be done in accordance with the permitted work plat
drawings(s) dated received on May 7, 2007.
(2) All construction must conform to the N.C. Building Code requirements and all other local, State and Federal regulations,
applicable local ordinances and FEMA Flood Regulations.
(3) Any change or changes in the plans for development, construction, or land use activities will require a re-evaluation and
modification of this permit.
(4) A copy of this permit shall be posted or available on site. Contact this office at 252-728.8545 for a final inspection at
completion of work.
(5) Pursuant to 15A NCAC, Subchapter 7J.0406(b), this permit may not be assigned, transferred, sold or othewiise disposed
of to a third -party.
(Additional Permit Conditons on Page 2)
This permit action may be appealed by the permitlee or other qualified persons
within twenty (20) days of the issuing date. From the date of an appeal any
work conducted under this permit most cease until the appeal is resolved. This
Permit must be on the project site and axesslble to the permit officer when the
project is inspected for compliance. Any maintenance work or protect
modification not covered under this permit, require further written permit
approval. All work must cease when this permit expires on:
DECEMBER 31, 2010
In issuing this permit it is agreed that this project is consistent with the local Land
Use Plan and all applicable ordinances. This permit may not be transferred to
another pany without the written approval of the Division of Coastal
Management.
Sam y Graham
CAMA LOX PERMIT OFFICIAL
402 Broad Street
Beaufort, NC 28516
PERMITTEE
(Signature required if conditions above apply to perrrit)

May. 7. 2007 4:31PM CARTER=T 00 PLANNING DEPT N06437 P. 2
Name: Diller, William
Minor Permit # 428.07
Date: May 24, 2007
Page 2
(6) The amount of impervious surface shall not exceed 30% of the lot area within 75 feet
(Estuarine Shoreline Area of Environmentaf Concern), in this case, 640 square feet is
(7) Unless specifically allowed in 15A NCAC 07H. 0209(d)(10), and shown on the permitted
development/construction shall be located a distance of 30 feet landward of Normal High
High Water
all
(8) All unconsolidated material resulting from associated grading and landscaping shall be retained Ion site by effective
sedimentation and erosion control measures. Prior to any land -disturbing activities, a barier lin of filter cloth must
be installed between the land disturbing activity and the adjacent marsh or water areas, until su h time as the area
has been properly stabilized with a vegetative cover.
(9) Any proposed for grading within the 30' buffer from the Normal High Water must be contoured toi prevent additional
stormwater runoff to the adjacent marsh. This area shall be immediately vegetatively stabilized, and must remain in
a vegetated state.
(10) Prior to any development, silt fence shall be properly installed between all planned land disturbance and the
adjacent marsh and open water areas; the silt fence shall be properly maintained throughout the ponstruc0oi
period. Silt fence shall be installed such that it is properly toed -in to the soil.
(11) All unconsolidated material resulting from associated grading and landscaping shall be retained o site by effective
sedimentation and erosion control measures. Sedimentation and erosion control measures shall �e properly
maintained throughout the construction period.
(12) This permit does not authorize development within any wetlands or open water areas.
(13) Prior to any development, the permittee is required to contact the Local Permit Officer Sammy
252-728.8545 to mark the landward edge of the 30 ft. buffer.
(14) All other disturbed areas shall be vegetatively stabilized (planted and mulched) within 14 days of
completion.
must
SIGNATURE: DATE:
PERMITTEE

GENERAL INFORMATION
LAND OWNER t
Q
'-
address 2600/4r)' UI✓.6......:.......�.......
City. State a C Zip ')-k5 /G. Phone 36:Dk-5a;�
7)dC
AUTHORIZED AGENT
'Tame 1
�ddiess O . $d 1c A16 O -
'iryEAICA'Alb —TSA6 State H C Zip ;q-S9t/ Phonei50-:35yr35/s
M.-7111
.00ATION OF PROJECT: (Address, street name and/or directions to site. If not oceanfront, what is th
name of
he adjacentwaterbody?) 201 66M't<f' 6LauFo.2T
)ESCRIPTION OF PROJECT. (List all proposed construction and land disturbaan�ce.)_Lae /ii/)
SIZE OF LOT/PARCEL: square feet ! acres
PROPOSED USE: Residential (Single-family— Multi-faray _ )
Other
TOTAL ENCLOSED FLOOR AREA OF A BUILDING IN THE OCEAN HAZARD AREA
RONMENTAL CONCERN (AEC): square feet (includes all floors and roof -cc
SIZE OF BUILDING FOOTPRINT AND OTHER IMPERVIOUS OR BUILT -UPON SIT
THE COASTAL SHORELINE AREA OF ENVIRONMENTAL CONCERN (AEC): 73 (
'Calculations include the area of the roof/drip line of all buildings, driveways, covered decks, concrete or
etc. that are within the applicable AEC. Attach your calculations with the project drawing.)
noose the AEC area that applies to your property:
� within 75 feet of Normal High Water for the Estuarine Shoreline AEC
(2) within 575 feet of Normal High Water for the Estuarine Shoreline AEC, adjacent to Outstanding
Resource Waters
(3) within 30 feet of the Public Trust Shoreline AEC
tConcact your Local Permit Officer if you are not sure which AEC applies to your property.)
STATE STORMWATER MANAGEMENT PERMIT: Is the project located in an area subject to a
)fate Stormwater Management Permit issued by the N.C. Division of Water Quality?
YES_ NO
if yes, list the total built -upon area/impervious surface allowed for your lot or parcel. _ square
decks)
S IN
sq. ft.
Patios,

I
1
f
l
May. 7. 2007 4:32PM CARTES:T CO PLANNING DEPT
OTHER PERMITS MAYBE REQUIRED: The activityyou are planning may requirepermirs
development permit. Asa service we have compiled a list of the kinds of permits that might be required.
with your LPO to determine if any of these apply to yourproject-. Zoning, Drinking Water Well, SepticT
treatment system), Building, Electrical, Plumbing, Heating andAir Conditioning, Insulation and Energy
Sand Dune, Sediment Control, Subdivision Approval, Mobile Home Park Approval, Highway, Connecti
STATEMENT OF OWNERSHIP:
No,
3437 P. 5
r th n the CAMA minor
3 2007
Moreh6ad Cit. nt^m
I, the undersigned, an applicant for a CAMA minor development permit, being either the owner of prof
ern in an AEC or a
person authorized to act as an agent for purposes of applying for a CAMA minor development permit, ernCy
that the person
listed as landowner on this application has a significant interest in the real property described therein.
interest can be
described as: (check one)
_an owner or record title. Title is vested in lt)ju,.., eT 2.���s...' Y ,see Deed Book
e.3"�'
page / G in the 4R7e QE7 County Registry of Deeds.
an owner by virtue of inheritance. Applicant is an heir to the estate of
probate was in County.
_if other interest, such as written contract or lease, explain below or use a separate sheet and attach t
this application.
NOTIFICATION OF ADJACENT PROPERTY OWNERS:
I furthermore certify that the following persons are owners of properties adjoining this property. I affirLhat
have given
ACTUAL NOTICE to each of them concerning my intent co develop this propem and to apply for apermit.
(Name) (Address)
(1) Lc7_e,¢.l�- asp 7/IC. 1
%G C�c•s
`2) 3 ✓�
1�3 o Cyr
,3)
:4)
FOR DEVELOPERS IN OCEAN HAZARD AND ESTUARINE HAZARD AREAS:
acknowledge that the land owner is aware that the proposed development is planned for an area which aiav
be susceptible to
aosion and/or flooding. I acknowledge that the local permit officer has explained to me the particular It
rd problems associ-
.ted with this lot. This explanation was accompanied by recommendations concerning stabilization and fl
odproofing rech-
tiques.
?ERMISSION TO ENTER ON LAND:
furthermore certify that I am authorized to grant and do in fact grant permission to the local permit offic
r and his agents to
nter on the aforementioned lands in connection with evaluating information related to this permit appli
rion.
'his application includes: general information (this form), a site drawing as described on the back of this a
plication, the
wnetship statement, the AEC hazard notice where necessary, a check for $100.00 made payable to the to
ity, and any info:•-
iation as may be provided orally by the applicant The details of the application as described by these sour
es are incorporated
rithout reference in any permit which may be issued. Deviation from these details will constitute a violatic
a of any permit. Any
erson developing in an AEC without permit is subject to civil, criminal and administrative action.
This the day of
J
20 !21
Landowner or person authorized :o act as his agent for purpose of Ling a C°ddA
ermir erpli
C

May. 1. 2007 4:31PM CARTER-T CO PLANNING DEPT No. 437 P. 3
CAMA PROJECT TRACKING SHEET- CARTERET COUNTY
Applicant's Name: 1,li(1t111V UI&J
Property Address: 76 -7, r1M9.(1I 66
Date submitted: -
PIN #: 7 C2
7
S2 2001
6�f ` -)c Phone #: r Lf -
Area of parcel in AEC: ��,15U square feet acres
Proposed Impervious area: U square feet Total impervious area allowed:
❑575' ORW 2'75' AEC ❑ EXEMPTION LK PERMIT # L lZh -
Riparian Rights Statements 1 Certified Letters in fiid�&l NO
Date of Site Visits:
Application considered accurate and complete for processing Date: Li' 7 - 0I LPO(initial):
❑ Application returned for the following reasons:
1 )
square feet
❑ The following site -specific observations have been made:
Date Returned:
❑ The following conditions are to be included on the permit (in addition to standard conditio
(Circle condition number): 11 12
1 17 18 19 20 21 22 23 24 25 26 27
30 31 32 33 Other Notes
):
13
28
t
29
LPO: Date:
Follow-up date visits:
❑ Project determined to be in compliance with permit
❑ Project determined to be out of compliance with permit
Action taken to bring project in compliance with CAMA:
Final Inspection Date:
LPO: Date:

May. 7. 2007 4:32PM CARTER:T CO PLANNING DEPT
No. b437 P. 6
VALENTE CONSTRUCTION COMPANY, INC.
P.O. BOX 4607
EMERALD ISLE, NORTH CAROLINA 28544
1-252-354-3515 FAX [phone]
' MAY 3 Z007
Stevenson Weeks M�r+8f18,�{� �j�y
2570 Lennoxville Road QCM
Beaufort, North Carolina 28516
Ref: Pool @ 703 Comet Drive
Dear Mr. Weeks;
Per CAMA regulations, this is to notify you of the proposed pool and retai
to be installed for William Diller III at the above referenced address.
After review, please sign where indicated and return to me in the enclosed
addressed, stamped envelope.
Thank you for your cooperation and expedience in this matter.
Sincerely,
Lynnie Morrison
Secretary
Enclosures: Five
%.ten i
irjr:u
(Domestic
Mail Oai
For delivery
inform @tic
:�
,.•.
f•
m
carafied Fed
0
C
Flet%HeeeytFae
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(Endatsemm�tgegmre�
C3
fiasldctedOalkayPoa
WxAbisa"ent aequuaM
0
p
Tofal Postage a Few$
c
0
$5.
wall
O6 1
05103/200i

May. 7. 2001 4:32PM CARTEi-T CO PLANNING DEPT
No.13437 P. 7
VALENTE CONSTRUCTION COMPANY, INC.
MAY 3 Z007 P.O. sox 4607
EMERALD ISLE, NORTH CAROLINA 28594
1-252-354-3515 FAX [phone]
Morehead City DCM
Lynn Kaweckl
423 Underhill Place
Alexandria, Virginia
Ref. Pool @ 703 Comet Drive
Dear Ms. Kaweckl;
Per CAMA regulations, this is to notify you of the proposed pool and retai
to he installed for William Diller III at the above referenced address.
After review, please sign where indicated and return to me in the enclosed
addressed, stamped. envelope.
Thank you for your cooperation and expedience in this matter.
Sincerely,
Lynnie Morrison
Secretary
Enclosures: Five
wall
ctRTIFIED
(oomesticrt�aiioyMAll-,., RECEIPT
Pord nsur�nce Coverage Provide
elivery intonnaGon i P V;si[
uro
Website
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!:'1Rtr., CY •''• g :'Y •:�. :QT.:2`i?t 4 F[Et : i1pRES
TWP:; BA -0RT COUNTY: CAYl,;' „� t+ NORTH C,
• � � ! +lL ����'"��"� FINAL SUR - �:;'MAP �RFY: 79/48 ..

'Map. 7. 20079 4:33POI032CARTE3=T CO PLANNING DEPT No. 437'AmP, 9'lux
Apr 25 07 12.3AP VALENTE CONSTRUCTON N
fRWrw9 x.se �. plat fwetid rep M ttt: t.ezae .� atto r am p am � .... i
2007
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North Carolina Department of Environment and Na
Division of Coastal Management
Michael F. Easley, Governor Charles S. Jones, Director
April 3, 2006
Mr. William Diller, III
703 Comet Dr
Beaufort, NC 28516-9792
RE:. Payment. of Proposed Penalty for Violations of the Coastal
Committed in Carteret County
CAMA Violation #05-17C
Dear I& Beller:
G. Ross Jr., Secretary
Management Act,,
This letter will. acknowledge -receipt of your check # 1270, 'in the amount off $650.00, and dated '. .
April 3, 2006, 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 met my Morehead City
office, [phone].
Sincerely,
Tere Barrett
District Manager
cc: ;12oy Brawlow, Compliance Coordinator
Ted Udall, Asst. Director
Mark Hardeman, Coastal Management Rep.
Henry Wicker, COE
400 Commerce Avenue, Morehead City, Norih Carolina 28557
Phone: [phone] FAX: [phone] Internet: www.nccoastalman
An Equal Opportunity k Afflrrnative Action Employer-50°% Recvded 110% Post Consumei

DCM ENFORCEMENT TRACKING REPORT
Field Rep. Issuer n/ '/�}�K.ff��DQF-��� Violation Base No
LPO / • D. 0Ny� A B D
l 0 Violated Permit No,
LPI L (if applicable)
Violation Description Was activity permittable? Yes /
Initial Discovery Date M)9y 9/ 2605 Discovery Method C 1NfJ Y/alT
Violation Description Upl"IH76-r124-1W e)l4A1.116t i/0- %t/ OrO,P "fi"Jux'S'/ �0 G
Yo ar s �.rs . /✓Ptly�[-
& covf 6 l •)o aI
Respondent Information Prior Violations in same AEC: Yes / No Case Number 65-J%G-W
Respondent Name(s) (Landowner/Agent/Contractor)
Address 65me-4 Vrt City Ze4AtrA4 State NC Zip.��$/�
Phone # 25Z-672.5507 �Fr� .WW-V Fax #
Email
Violation Type: Project Type: Authorizations Required: Site Visits Respondent Site Visits Respondent
No Permit Private/Community Major AMA -M by 9 GS Present Present
Permit Condition Govt./Pu is Minor D& ZI �o
Expired Permit Commercial General
Violation Location and Site Description
Rover File
Project Location: County baleord (1 /9.
Shoreline Length Z"�o
Street Address/ State Road/ Lot #(s) SAV: Not Sure Yes t®
703 Come+ be. Sandbags: Not Sure , Yes to
Subdivision �cgel , PNA: Yes 6 Adjacent
ORW: Yes 6 Adjacent
City �p„A4'q ZIP Crit. Hab. Yes to
Phone # (152)OZ--5567 RiverBasin W4 •OA k Photos Ilo No
Adj. Wtr. Body A)CwPo 4 /V/V/ *'f nat /man /unkn) Waiver Required Yes
Closest Maj. Wtr. Body gvj oe St1 . In DWQ Buffer Area Yes
Restoration//����- T�ly /---2oo$
NOV Date
/• 4 y /3� %�� 5 Initial Req. Comp. Date T (y 3 l/ Zook Extension Granted es No
/t Restoration Letter guy R 2ba5
CNOV Date Date Comp. Observed ` Acceptance Date e 2
Penalty Assessment FeJ 710409 Ref Recomm. Assess.
App./PermitFe�lll� $ ,�5p m0 $
Sent to Respondent Date ���CCC���CCC
Rcvd. by Dist. Mgr. Date Penalty St � � �_a((Xjsf$ 400 06 $
Assessment Extended Yes No Willful/Intent. $ $
Continuing $ $
Other $ (0;�5000 $
Total & 500

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, Injunction to complete restoration
Date Collection Let. Sent Date Demand Let. Sent
Violation Activities and Impacts
AECs Affected: Wetlands Impacted? Yes /� If yes, which types:
CW f TA ES PTS
OEA HHF IH SA Cl S1R LS TY
SC
SS SC ' $P'404
PWS: FC:
Other:
Restoration Required by the Respondent Yes No
Dimensions in excess Dimensions to restore Final dimensions Actually restored
of permit/ unauthorized activities allowed
Development Activities
wIt ' 7o x 30 70 k36/
Habitat Description
NOTES: n%%' Ile-✓ i'1 ,�kJ ✓y� dU/h ,O al �c re-U / �
alvld 5���� 0 vim✓ ��e �,
Closing
Payment Received $ Date Date Case Closed

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
February 27, 2006 LSB I RB
Mr. Bill Diller kTB RB
703 Comet Drive —MTT
Beaufort, NC 28516
RE: RESTORATION ACCEPTANCE — CAMA VIOLATION #05.17C
Dear Mr. Diller:
This letter is in reference to the Notice of Violation # 05-17C sent to you dated May 13, 2005 for the
unauthorized excavation by "prop kicking" to create a boat channel or basin within the Estuarine Waters
and Public Trust Waters AEC's in or near the Newport River. The kicking resulted in filling of the adjacent
shallow bottom habitat and shellfish beds. The violation took place on your property located at 703 Comet
Dr. off of Hwy 101 in or near the Town of Beaufort in Carteret County, North Carolina. This unauthorized
activity constituted development and you were requested to return the disturbed bottom to its original grade
and contour and top the area with shell cultch material. In accordance with the North Carolina
Administrative Code, Title 15A, Subchapter 7J.0410, any violation involving development whichis
inconsistent with guidelines for development within Areas of Environmental Concern (AEC) must be
corrected by restoring the project site to pre -development conditions to recover lost resources or to prevent
further resource damage.
I conducted a site visit at the aforementioned property on January 16, 2006 to inspect the restoration of the
unauthorized activity addressed in the Notice of Violation 05-17C. Based on this inspection, it appears the
restoration is accomplished to the satisfaction of this Division. Upon my submission of an enforcement
report, you will be notified as to the amount of the civil penalty for undertaking this unauthorized activity
within an Area of Environmental concern.
Thank you for your attention and cooperation in this matter. If you have any questions pertaining to this
matter, please feel free to call me at [phone].
SinceY4*
ly,
j, Q�. f
Mark Hardeman
Coastal Management Representative
Cc: Ted Tyndall, Assistant Director, DCM
Tere Barrett, District Manager, DCM
Roy Brownlow, Compliance Coordinator, DCM
Henry Wicker, USACE
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

t
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. Bill Diller
703 Comet Drive
Beaufort, NC 28516
RE: CAMA VIOLATION #05-17C
Dear Mr. Diller:
March 2, 2006 --�LSB � RB
TB RB
MTT
This letter is in reference to the Notice of Violation dated May 13, 2005, that Mr. Mark Hardeman, Coastal
Management Representative for the Division of Coastal Management, issued to you for unauthorized
excavation of the Newport River in the form of "prop wash" or kicking. The activity took place adjacent to
your property located at 703 Comet Drive in Deerfield Subdivision, Beaufort, Carteret County. The violation
involved the Estuarine Waters and Public Trust Waters, which are Areas of Environmental Concern
designated by the Coastal Resources Commission. Based upon the site visit conducted on January 16,
2006 by Mr. Hardeman and Mr. Roy Brownlow, the restoration requested is complete to the satisfaction of
the Division of Coastal Management.
The Coastal Area Management Act provides that a civil assessment of up to $2500 may be assessed for
any Major Permit 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 $650.00 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 $650.00 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 Ave., 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

IV -
Mr. Bill Diller It
March 2, 2006
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, MHC
Division of Coastal Management
Enclosures
cc: Ted Tyndall, Assistant Director, DCM
Roy Brownlow, Compliance Coordinator, DCM
Mark Hardeman, Coastal Management Representative, DCM
400 Commerce Ave., Morehead City, North Carolina 28557
Phone: [phone] FAX: [phone] Internet: www.nccoastaimanagement.net
An Equal Opportunity 1 Affirmative Action Employer — 50% Recycled 110% Post Consumer Paper

Mr. Bill Diller
March 2, 2006
Page 3 of 3
CAMA VIOLATION #05.17C
MR. BILL DILLER
AGREEMENT TO PAY PROPOSED CIVIL ASSESSMENT
I understand that the staff of the Department of Environment and Natural
rces will propose the
assessment of a civil penalty in the amount of $650.00 against me for violatio of the Coastal Area
Management Act, NCGS 113A-100 et ss�, committed on or near my property at 703 Comet Drive in Beaufort,
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 d ted May 13, 2005, and
agree to pay the proposed civil assessment of $650.00.
DATE
SIGNATURE
ADDRESS
TELEPHONE NUMBER
400 Commerce Ave., Morehead City, North Carolina 2855
Phone: [phone] FAX: [phone] Internet: www.nccoastalm nagen
An Equal Opportunity 1 Affirmative Action Employer— 50% Recycled 110% Post Consum r Paper

Mr. Bill Diller
March 2, 2006
Page 3 of 3
It
CAMA VIOLATION #05.17C
MR. BILL DILLER
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 $650,00 against me for violation of the Coastal Area
Management Act, NCGS 113A-100 et sec , committed on or near my property at 703 Comet Drive in Beaufort,
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 May 13, 2005, and
agree to pay the proposed civil assessment of $650.00.
DATE SIGNATURE
ADDRESS
TELEPHONE NUMBER
400 Commerce Ave., Morehead City, North Carolina 28557
Phone: [phone] FAX: [phone] Internet: www.nccoastalmanagement.net
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: Mr. Bill Diller
March 2, 2006
Page 3 of 3
CAMA VIOLATION #05.17C
: VD;
�r ..
P/AR 1 3 >OOfi
M"rehead City DCM
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 $650.00 against me for violation of the Coastal Area
Management Act, NCGS 113A-100 et seg, committed on or near my property at 703 Comet Drive in Beaufort,
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 May 13, 2005, and
agree to pay the proposed civil assessment of $650.00.
311,9J
D TE
IATURE
�1
703 xxn' /ur
ADDRESS
e
TELEPHONE NUMBER
400 Commerce Ave., 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

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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
August 9, 2005
CERTIFIED MAIL
RETURN RECIEPT REQUESTED
Mr. Bill Diller
703 Comet Drive
Beaufort, NC 28516
RE: REVISED RESTORATION AGREEMENT FOR UNAUTHORIZED
DEVELOPMENT CAMA VIOLATION #05-17C
Dear Mr. Diller:
As presented to us in your fax Restoration Agreement signed on August 3, 2005, we cannot accept your proposed
completion date of September 15, 2005 as this violation of the CAMA Use Standards occurred on or about May 09,
2005. We originally requested restoration by July 31, 2005, and to date have seen no effort to that end.
Naturalization of the system does not equate to restoration.
Provided that we see substantial restoration of the site as described in the restoration plan dated July 01, 2005, the
Division agrees to extend your completion of restoration to August 24, 2005. If substantial progress is not made by
that date, a Notice of Continuing Violation will be issued. In accordance with 15A NCAC 07J .0409 (4XG)(ii), a
Notice of Continuing Violation carries a potential penalty of $100.00 per day.
Please sign the attached restoration plan and return to our office. Thank you for your cooperation in this matter.
Should you have any questions, please call 252-808-2808.
Sincere����—�c,�-o.��.
Mark Hardeman
Coastal Management Representative
Cc: Ted Tyndall, Assistant Director
Tere Barrett, District Manager
Roy Brownlow, Compliance Coordinator
Henry Wicker, USACE
Patty Fowler, NC Division of Shellfish Sanitation
Trish Murphy, NC Division of Marine Fisheries
Noel Lutheran, NC Division of Water Quality
Ron Sechler, National Marine Fisheries Service
400 Commerce Avenue, Morehead City, North Carolina 28557
Phone: [phone] \ FAX: [phone] \ Intemet: www.nccoastaimanagement.net
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_6
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
RESTORATION PLAN
For
Bill Diller Property
Property located at 703 Comet Drive, Beaufort, Carteret
® Fill from Kicking Newport River
® Excavated area
70' x 30' Excavated Ni,W
oyster Rocks Area - Kicking
• _ • _ • . • . Oyster Rocks
i
Subsequent in Area
Approx 50' x 90' ,
Site Visits -
5/09/05,6/01/05,
6/02/05, 6/08/05
NTS
Marsh
I, Bill Diller, agree to fill all areas of excavation to original grade and contour with heavy sand and cultch shell material. Any
additional restoration requirements by the USACE will become a part of this agreement. I agree to complete this restoration to
the satisfaction of the Division of Coastal Management (DCM) by August 24, 2005, or provide a reasonable explanation for non-
compliance and a request for time extension. When corrective actions are complete, I will notify the DCM so the work can be
inspected.
SIGNATURE:
117_tl:1
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.
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

,AMr
NCDENR
North Carolina Department of Environment and Natural
Division of Coastal Management
Michael F. Easley, Governor Charles S. Jones, Director
July 1, 2005
CERTIFIED MAIL
RETURN RECEIPT REQUESTED
Mr. Bill Diller
703 Commerce Drive
Beaufort, NC 28516
b
Resources
William G. Ross Jr., Secretary
RE: RESTORATION AGREEMENT FOR UNAUTHORIZED DEVELOPMENT
CAMA VIOLATION # 05-17C
Dear Mr. Diller:
Based upon the North Carolina Administrative Code T 15A (NCAC), Subchapter 7H, State
Guidelines for Areas of Environmental Concern, the excavation and filling that you have
undertaken within Estuarine Waters is inconsistent with the CRC's rules and could not have been
permitted. After further review with other state and federal agencies, (DMF, NMF, USACE), a
restoration plan is enclosed for your acceptance. Please sign and return to the North Carolina
Division of Coastal Management. Should you have any questions, please call Mark Hardeman
(DCM Field Rep.) at 252-808-2808.
Sincerely'
Mar- kHardeman
Field Representative, DCM
Cc: Ted Tyndall, Assistant Director
Tere Barrett, District Manager
Henry Wicker, US Army Corps of Engineers
Lees Sabo, NC Division of Shellfish Sanitation
Trish Murphy, NC Division of Marine Fisheries
Noel Lutheran, NC Division of Water Quality
Ron Secbler, National Marine Fisheries Service
400 Commerce Avenue, Morehead City, North Carolina 28557
Phone: [phone] FAX: [phone] Internet: www.nccoastalmanagement.net
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UNITED STATES POSTAL SERVICE
I II I Permit No. G-1 0
Postage & Fees iass Mail
Paid
• Sender: Please print your name, address, and ZIP+4 in this box
N.C. Division of Coastal Management
400 Commerce Avenue
Morehead City, N.C. 28557
808-2808
� 11! i ft it ! li i IIIII !I� I! !f I! ;I!ii i Ilil il!ili i�

■ Complete items 1, 2, and 3. Also complete A
Rem 4'd Restricted Delivery is desired. X
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1. Article Addressed to:
► . 6111 611le4c->
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? PS Form 3811. February;
5ooa q T gnv
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tricted Delivery? (Exhe Fee)
7004 2890 0003 8041 9960
Domestic Return Receipt
❑ Agent
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1a2595-024A-1540

■ CDENR
North Carolina Department of Environment and Natural ReSOI
Division of Coastal Management
Michael F. Easley, Governor Charles S. Jones, Director William
RESTORATION PLAN
For
Bill Diller Property
Property located at 703 Comet Drive, Beaufort, Carteret County
a! Fill from Kicking Newport River
© Excavated area
70' x 30' Excavated NT,W
oyster rocks Area - Kicking
. . . . . . . . .a�3\������� Oyster I
Ross Jr., Secretary
Site Visits —
5/09/05, 6/01105,
6/02/05, 6/08/05
NTS
A
as a.
Subsequent Fill Xrea
_ Approx 50' x 90'
\V Marsh
W
I, Bill Diller, agree to fill all areas of excavation to original grade and contour with heavy sand and cull shell material. Any
additional restoration requirements by the USACE will become a part of this agreement. I agree to complete this restoration to
the satisfaction of the Division of Coastal Management (DCM) by July 31, 2005, or provide a reasonablyexplanation for non-
compliance and a request for time extension. When corrective actions are complete, I will notify the DC so the, work can be
inspected.
1000U/i111M
DATE:
It is the policy of the Coastal Resources Commission to levy a minimum civil assessment $350.00 and high�r against all
violations of this type depending upon the damage to the resources. If restoration is not undertaken or sate factordy completed, a
substantially higher civil assessment will be levied and an injunction sought to require restoration.
400 Commerce Avenue, Morehead City, North Carolina 28557
Phone: [phone] FAX: [phone] Internet: www.nccoastalman
An Equal Opportunity %Affirmative Action Employer— 50% Recycled 110% Post Consumer

w
W

Page 02
July 1, 2005
Diller Photos

DEPARTMENT OF THE ARMY
WILMINGTON DISTRICT, CORPS OF ENGINEERS
PO BOX 1890
WILMINGTON NC 28402-1890 -
June 30, 2005
Regulatory Division
Action ID: 200500965
Mr. Bill Diller
703 Comet Drive
Beaufort, North Carolina 28516
Dear Mr. Diller:
Morehead City DCM
On June 2, 2005, Mark Hardeman, of the North Carolina Division of Coastal Management,
met with and reported to Henry Wicker, of my staff, unauthorized propwash/kicking activities
that you had performed in the Newport River adjacent to your property and pier, located at 703
Comet Drive Beaufort, Carteret County, North Carolina. The purpose of this meeting was to
confirm and assess the unauthorized dredging activities you have undertaken within the Newport
River, a navigable water of the United States adjacent to your property.
The onsite investigation revealed that you are responsible for unauthorized excavation and
spoiling within navigable waters of the United States. Investigations confirmed that you utilized
the prop wash from an outboard motorboat to create a boat basin. Additionally, the spoil
material and turbidity generated by your excavation activities resulted in adverse impacts to
highly sensitive areas within the Newport River which includes the shellfish beds in and adjacent
to the newly created basin.
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). You should cease and desist
from any further unauthorized work within navigable waters of the United States. Pending
consultation with other regulatory and resource management agencies, we will contact you
regarding restoration of the impacted resources.
Failure to comply with this request may result in referral of this matter to the United States
Attorney with a recommendation for appropriate action. Additionally, we are considering civil
or administrative penalties against you for this work. Accordingly, you will be contacted by the
Wilmington District's Office of Counsel regarding this matter.

-2-
Thank you for your time and cooperation. If you have any questions, please contact
Mr. Wicker at the Wilmington Regulatory Field Office, Post Office Box 1890, Wilmington,
North Carolina 28402, at [phone].
Copies Furnished:
United States Attorney
Eastern District of North Carolina
310 New Bem Avenue
Suite 800, Federal Building
Raleigh, North Carolina 27601
Mr. Ronald J. Mikulak, Chief
Wetlands Regulatory Section
Water Management Division
U.S. Environmental Protection Agency
61 Forsyth Street, SW
Atlanta, Georgia 30303
Mr. Garland Pardue
U.S. Fish and Wildlife Service
Fish and Wildlife Enhancement
Post Office Box 33726
Raleigh, North Carolina 27636-3726
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 Domey
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
NA
Barrett
ivision of Coastal Management
N.C. Department of Environment
and Natural Resources
400 Commerce Avenue
Morehead City, North Carolina 28557

FROM :DILLER FAX NO. :2527281912. Aug. 0 2005 10:54AM P1
From The Desk of:
Wm J. Diller III
To: Te� 6`�
Fr: /9vG1 0, i►� �-
Date: g`cs��`►
# Pgs: 3

FROM :DILLER FAX NO. :25272B1910 Aug. 05 2005 10:55AM P3
08-02-05 16:04 Foam -WARD AND SMITH. PA-3000. NO 162 672 HIT 7-664 P.003/004 F-471
ADDENDUM TO RESTORATION PLAN FOR HILL DILLEit PRO ERTY
PROPERTY LOCATED AT 703 COMET DRIVE, BEAUF'ORT, CAR COUNTY
L Bill DiUer, eomndt to imPle`onting the attached Restoration Plan u expeditio' sly as possible.
but, in any case, no 1= than September 15, 2005, or provide a reasonable ex on for non-
P
compliance and a request for any time extension. My commitment is subject to 0iification of
the drawing on the attached Restoration Plan which depicts the affected area.
I agree, to notify the Division of Coastal Management ("DCM") prior to coring any
restoration work for the purpose of coordinating with staff regarding restoration CIMUes. Whoa
the corrective actions are complete, I will notify the DCM so the work can be insIpected.
Date
NBMAZ4%4324511

FROM :DILLER FAX NO. :2527281910 Aug. 05 2005 10:55AM P2
0e-02-65 ]WA frcm-WARD AND twITR, PA-2000. 9 212 $72 54TT 1'464 P.004/004 F•4Ti
AMR
North C8mrma Departmento9Environmentand Natural Resol im
Division of Coastal. ManapmeM
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SIGNATURE:
13A71r � ..r
Ooas(alReaeuro� CammL�n blwya main
daDORKel7 won t5a thvnea� teawroam,cva
Bald and OffiCh ebd matff0l,
400 Commerce Avertue lMmhead City, North Carolina 26557
Phone: [phone] FAK 252.2474011nlBmet w ww.no00ap Wmanag
msquat0ppw*iAffiwAv0Acdwt" tarot-50%Awow\1VARostCoammarRe,
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iA
DEPARTMENT OF THE ARMY
WILMINGTON DISTRICT, CORPS OF ENGINEERS
PO BOX 1890
WILMINGTON NC 28402-1890
Regulatory Division
Action ID: 200500965
�-oI
Mr. Bill Diller
703 Comet Drive
Beaufort, North Carolina 28516
Dear Mr. Diller:
June 30, 2005 XCE1 FED
JUL 0 5 2005
Morehead City pCM
On June 2, 2005, Mark Hardeman, of the North Carolina Division of Coastal Management,
met with and reported to Henry Wicker, of my staff, unauthorized propwash/kicking activities
that you had performed in the Newport River adjacent to your property and pier, located at 703
Comet Drive Beaufort, Carteret County, North Carolina. The purpose of this meeting was to
confirm and assess the unauthorized dredging activities you have undertaken within the Newport
River, a navigable water of the United States adjacent to your property.
The onsite investigation revealed that you are responsible for unauthorized excavation and
spoiling within navigable waters of the United States. Investigations confirmed that you utilized
the prop wash from an outboard motorboat to create a boat basin. Additionally, the spoil
material and turbidity generated by your excavation activities resulted in adverse impacts to
highly sensitive areas within the Newport River which includes the shellfish beds in and adjacent
to the newly created basin.
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). You should cease and desist
from any further unauthorized work within navigable waters of the United States. Pending
consultation with other regulatory and resource management agencies, we will contact you
regarding restoration of the impacted resources.
Failure to comply with this request may result in referral of this matter to the United States
Attorney with a recommendation for appropriate action. Additionally, we are considering civil
or administrative penalties against you for this work. Accordingly, you will be contacted by the
Wilmington District's Office of Counsel regarding this matter.

0
y0A
Thank you for your time and cooperation. If you have any questions, please contact
Mr. Wicker at the Wilmington Regulatory Field Office, Post Office Box 1890, Wilmington,
North Carolina 28402, at [phone].
Copies Furnished:
United States Attorney
Eastern District of North Carolina
310 New Bern Avenue
Suite 800, Federal Building
Raleigh, North Carolina 27601
Mr. Ronald J. Mikulak, Chief
Wetlands Regulatory Section
Water Management Division
U.S. Environmental Protection Agency
61 Forsyth Street, SW
Atlanta, Georgia 30303
Mr. Garland Pardue
U.S. Fish and Wildlife Service
Fish and Wildlife Enhancement
Post Office Box 33726
Raleigh, North Carolina 27636-3726
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 Domey
Division of Water Quality
N.C. Department of Environment
and Natural Resources
1650 Mail Service Center
Raleigh, North Carolina 27699-1650
Mr Doug Huggett
vision of Coastal Management
.C. Department of Environment
and Natural Resources
400 Commerce Avenue
Morehead City, North Carolina 28557
Mr. Tere Barrett
Division of Coastal Management
N.C. Department of Environment
and Natural Resources
400 Commerce Avenue
Morehead City, North Carolina 28557

UNITED STATES POSTAL SERVICE
First -Class Mail
Postage & Fees Paid
USPS
Permit No. G-10
• Sender: Please print your name, address, and ZIP+4 in this box
N.C. Division of Coastal Management
400 Commerce Avenue
Morehead City, N.C. 28557
808-2808
17Z I1 I I I I I I I I u I i I n I I III I I II I III I ' t l I I I I I I f 1 I' I I I I I I I I I I I I I I I

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PS Form 3811, February 2004 Domestic Return Receipt 1025e5-02-M-1M0

Mr. Bill Diller
May 13, 2005
Page 2 of 2
It is the policy of the Coastal Resources Commission (CRC) to levy a civil assessment 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.
You are also in violation of the State's Dredge and Fill Act 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 T15A (NCAC), Subchapter 7H, State Guidelines for Areas of
Environmental Concern, the excavation and filling that you have undertaken within Estuarine Waters is inconsistent
with the CRC's rules and could not have been permitted. Pending further consultation with other regulatory and
natural resource agencies, you will be contacted with regard to all restoration/mitigation for the adversely impacted
resources.
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].
Sincerely,
Mark Hardeman
Field Representative, DCM
Cc: Ted Tyndall, Assistant Director, DCM
Tere Barrett, District Manager, DCM
Henry Wicker, US Army Corp of Engineers - Wilmington
Lees Sabo, NC Division of Shellfish Sanitation
Trish Murphy, NC Division of Marine Fisheries
Noel Lutheran, NC Division of Water Quality
Ron Sechler, National Marine Fisheries Service
151-B Hwy. 24, Hestron Plaza II, Morehead City, North Carolina 28557
Phone: [phone] FAX: [phone] Internet: www.nccoastalmanagement.net
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©10 '�
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
May 13, 2005
CERTIFIED MAIL
RETURN RECEIPT REQUESTED
Mr. Bill Diller
703 Comet Drive
Beaufort, NC 28516
RE: NOTICE OF VIOLATION AND REQUEST TO CEASE UNAUTHORIZED DEVELOPMENT
CAMA VIOLATION #05-17C
Dear Mr. Diller:
This letter confirms that on May 9, 2005 Coastal Management Representative Stephen Lane and I were onsite at
your property located at 703 Comet Drive adjacent to the Newport River located in or near the Town of Beaufort,
Carteret County, North Carolina. Your wife, Shannon Diller, was present for a portion of the site visit. Also present
was a representative of the Carteret Co. Sheriffs Department. The purpose of the visit was to follow-up and
investigate unauthorized excavation and filling originating from your pier within the Newport River.
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 unauthorized excavation in the
form of kicking/propwash and the fill resulting from the excavation for a total area measuring approximately 90' in
width by 50' in length (t4500square feet) on the aforementioned property. The activity took place within an area of
healthy shellfish beds (live oysters). The excavation was accomplished by using boats near the dock and using the
propeller wash to "kick" or dislodge the bottom substrate to create a basin and/or channel undertook the excavation.
This activity took place in Estuarine Waters, and Public Trust Areas that are contiguous with the Newport River and
Bogus Sound. Estuarine Waters and Public Trust Areas are designated as Areas of Environmental Concern (AEC).
No CAMA permit was issued for this development (excavation and filling) in these areas. 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).
151-B Hwy. 24, Hestron Plaza II, Morehead City, North Carolina 28557
Phone: [phone] FAX: [phone] Internet: www.nccoastalmanagement.net
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�__ ___._��_�_-
I. CASE STATUS , r
ICASE NUMBER .LAST NAME.. FIRST NAME BUSINESS NAME
CAS TS OPEr�""­
il 05 17C h 1 DILLER BILL
O �CAsE Is CLOSED
Previous Violations In'Same AEC
NOV DATE,. CLOSURE DATE
W` papsed Days ,pFFLILIATION SECTOR for SIm1J7Y ACflV7tICs ,
PROPERTY OWNS PRIVATE
MAILING ADDRESS. CITY, STATE ZIP CODE 'PHONE NUMBER "
a 703 COMET DRIVE BEAUFORT _ �� NC 28516 li -
I,.PROPERTY ADDRESS� COMMUNITY WATERBODY NEAR EST RIOAD
. 703 COMET DR j, BEAUFORT NEWPORT RIVER
t DISTRICT OFFICE COUNTY' DCM.REPRESENTATIVE, LPOCONTACT
C. MHCDO _ 1 CARTERET HARDEMANh - - ijj '
AFFECTED'AEC(S) CW IJ] EW PTA ❑ ES PTS
E - VIOLATION.TYPE ` '..
MAJOR CAMA plus DREDGE AND FILL OEA 0:. HHFA ,• L]dH I [IPWS ❑,,NCRA
._S
NATURE OF VIOLATION ; AEC DESCRIPTION SHELLFISH BEDS
Unauthorized major development and violation of the State's Dredge & Fill Law by excavating and1filling in the form of
I "kicking and/or prop washing" in the Newport River and Bogue Sound within the EW and PTA AECs. The excavation
was done by using the boat's propeller wash to "kick" or dislodge the bottom substrate to create a ;channel and/or
0 RESTORATION NOT REQUIRED CONTRACTOR RESTORATION
RESTORATION NOT REQUIRED -. PERMITTABLE DEVELOPMENT - _ ,DEADLINE . EXTENDED RESTORE DATE
-`
-'� RESTORATION NOT REQUIRED- FURTHERIMPACTS, EXTENDER `
�(
11
❑ RESTORATION PENDING a g.REFERRED TO AG'S OFFICEi-COLLECTION u'
_ -IaREFERRED TO AG'80FFICE�)'-INJUNCTION
ASSESSMENT DATE PENALTYAMOUNT �COLLECTION;DATE AMOUNT COLLECTED"
` � PENALTY `ISSUED ^ 1 -. ___ , „........ .. ! lw..:, - . ,.:»:..:...!6 i._.. _T-. - =.�'=` / .. , . .:.-_:•>-IJ
' PENALTY NOT ISSUED Yr WILLFUL' •INTENTIONAL PENALTY (MIN. OR DOUBLED) 1=CNOV ISSUED. `
!"! CONRACTOR'S FIRST OFFENSE ( SETTLED, AGREED UPON OR STIPULATED PENALTY Via. PENALTY APPEALED
UNCOLLECTIBLE.P.ENALTY • . Jg FORIytAL CPA ISSUED `
Violations Involving Adversely.Impacted,Resources .....
AMOUNT OF ADVERSELY DISTURBED AREA (SO FT.) 7500
,AMOUNT OF RESTORED AREA (SO. FT), "
NOTES

RA
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
July 1, 2005
CERTIFIED MAIL
RETURN RECEIPT REQUESTED
Mr. Bill Diller
703 Commerce Drive
Beaufort, NC 28516
RE: RESTORATION AGREEMENT FOR UNAUTHORIZED DEVELOPMENT
CAMA VIOLATION # 05-17C
Dear Mr. Diller:
Based upon the North Carolina Administrative Code T15A (NCAC), Subchapter 7H, State
Guidelines for Areas of Environmental Concern, the excavation and filling that you have
undertaken within Estuarine Waters is inconsistent with the CRC's rules and could not have been
permitted. After further review with other state and federal agencies, (DMF, NMF, USACE), a
restoration plan is enclosed for your acceptance. Please sign and return to the North Carolina
Division of Coastal Management. Should you have any questions, please call Mark Hardeman
(DCM Field Rep.) at 252-808-2808.
Sincerely'
Mark Hardeman
Field Representative, DCM
Cc: lied Tyndall, Assistant Director
Tere Barrett, District Manager
Henry Wicker, US Army Corps of Engineers
Lees Sabo, NC Division of Shellfish Sanitation
Trish Murphy, NC Division of Marine Fisheries
Noel Lutheran, NC Division of Water Quality
Ron Sechler, National Marine Fisheries Service
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

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
RESTORATION PLAN
For
Bill Diller Property
Property located at 703 Comet Drive, Beaufort, Carteret County
Fill from Kicking
® Extava[ed area
IEOyster Rocks
Newport River
70' x 30' Excavated
Area - Kicking
Site Visits -
5/09/05,6/01/05,
6/02/05, 6/08/05
NTS
I, Bill Diller, agree to fill all areas of excavation to original grade and contour with heavy sand and cultch shell material. Any
additional restoration requirements by the USACE will become a part of this agreement. I agree to complete this restoration to
the satisfaction of the Division of Coastal Management (DCM) by July 31, 2005, or provide a reasonable explanation for non-
compliance and a 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.
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

PHOTOGRAPHIC EVIDENCE
For NOV 05-17C
Mr. Bill Diller
Public Trust and Estuarine Waters adjacent to 703 Comet Drive, Deerfield S/D, Beaufort,
Carterert County

Page 02
July 1, 2005
Diller Photos
r.
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'i�-29-2005 10:48 From -WARD & SMITH -NEW BERN 2528725477 TI942 P.001/002 F-252
WARD AND SMITH, P. A.
ATTORNM AT TANV
1001 COLLEGE COURT
PO BOX 867
NEW BERM, NC 28563-0267
[phone] TMXPIION13
[phone] FACSIMILE
Date: July 29. 2005
TO: Mr. Mark Hardeman
COMPANY: Division of Coastal Management
VOICE NUMBER: 252-808-28(38
FAX NUMBER: 252-247-3330
FROM: Frank H. Sheffield, jr, Esci.
Client File Number: 0505234)(M1-001
Pages including cover sheet: _
Time and Date transatitted: July 29, 2005
Operator COMMENTS -
WARD AND SMITH, PA OFFICES:
GREENVILLE NEW BERN RALEIGH WILM NGTON
Telephoae:[phone] [phone] (919) $36-4260 I(910) 794-4800
Fac-,3imile:[phone] [phone] [phone] [phone]

W-29-2005 16:48 From -WARD & SMITH -NEW BERN 2526725477 T-942 P.002/002 F-252
WARD AND SMITH, P.A.
ATTORNEYS AT LAW
July 29, 2005
MKIII141111100001_�
Mr, Mark Hardeman
NCDENR-Division of Coastal Management
400 Commerce Avenue
Morehead City, NC 28557
RE: Restoration Agreement for Unauthorized Development
CAMA Violation 005-17C
Our File 050523-00001-001
Dear Mr. Hardeman:
FRANK ti. StIEFF1ELD, )R.
[phone]
Fax [phone]
fhsQ w 2raaud5miih. coin
11
On behalf of our client, Bill Diller, we are writing to request a 30 day extension of time to
execute the Restoration Plan dated July 1, 2005, We are requesting this extension of time in
order to allow for further evaluation of site conditions. Our client agrees to restore the affected
area, but does not agree with the dimensions shown on the Restoration Plan. Mr. Diller suggests
That natural restoration processes be allowed to continue for an additional 30 days to better define
the required area and extent of restoration.
Unless we hear from you otherwise, we will assume that a 30 day extension, through and
including August 31, 2005, is acceptable. Thank you for your cooperation in This matter.
Yours very truly,
Frank H- Sheffield, Jr.
FHS:rlc
NBMAIN\642913\1
cc: Mr. Bill Diller (via U.S. Mail)
1001 COLLEGE COURT PO BAR 867 NEW BERN, NC 28563.0867
GREFNVILLE NEW BERN RALELG11 W11MINGTON
(252) 2151000 [phone] (91)) 636•1260 (910) 794idW

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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
NOTICE OF CONTINUING VIOLATION
September 30, 2005
CERTIFIED MAIL
RETURN RECEIPT REQUESTED
Mr. Bill Diller
703 Comet Drive
Beaufort, NC 28516
RE: NOTICE OF CONTINUING
CAMA VIOLATION #05-17C
Dear Mr. Diller:
W,r.31
CJcnit f 101 3
This letter is in reference to the Notice of Violation that was issued to you on May 13, 2005 by the North
Carolina Division of Coastal Management for unauthorized development in violation of the Coastal Area
Management Act (CANA). The violation occurred onsite on your property located at 703 Comet Drive, in or
near the Town of Beaufort, Carteret County, North Carolina.
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 (herein abbreviated N.C.G.S.)113A-118.
Information I have indicates that you have undertaken or are legally responsible for unauthorized excavation
in the form of kickinglpropwash and the fill resulting from the excavation for a total area measuring
approximately 90' in width by 50' in length (4500sf) in healthy shellfish beds on the aforementioned property.
This activity took place in the Estuarine Waters and Public Trust Area Areas of Environmental Concern.
Estuarine Waters and Public Trust Areas are designated Areas of Environmental Concern (AECs). No
permit was issued to you for work in this area. Therefore, I conclude that you are in 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.113A-126).

i �b
Mr. Bill Diller
September 30, 2005
Page 2 of 2
It is the policy of the Coastal Resources Commission to levy a civil assessment 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. The amount to 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 Act 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. 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, Subchapter 07H. State Guidelines for Areas of Environmental
Concern, the unauthorized development you have undertaken or are legally responsible for, excavating and filling in
the Public Trust Area and Estuarine Waters AEC, is not consistent with the CRC's rules, and could not have been
permitted. Therefore, as provided in the original Notice of Violation, you are requested to fill all areas of excavation to
original grade and contour with heavy sand, and top with shell cultch material. Please refer to the enclosed copy of
the original Restoration Agreement sent to you on July 1, 2005.
Our records indicate that on August 5, 2005 you signed an addendum plan requesting until September 15, 2005 to
comply with the restoration agreement. On August 9, 2005, 1 wrote to you apprising you of the Division's denial of
that request. At that time, we agreed to extend restoration to August 24, 2005, provided that restoration begin
immediately. It does not appear any action has been taken to restore the adversely affected coastal resources as
requested in the original restoration agreement, or in the second request of August 9, 2005.
Your refusal or failure to comply with the Division's request to restore is considered to be a continuing violation. In
accordance with the N.C. Administrative Code, Subchapter 7J.0409(f)(4)(G)(ii), you shall be subject to a daily
minimum penalty of one hundred dollars ($100.00) per day starting from the date of the original Notice of Violation. A
court order will be sought for an injunction to require restoration as described herein.
Please call me at [phone] should you decide to enter into good faith negotiations in resolving this matter. I am
available to meet with you onsite to discuss the requested restoration measures. Following successful restoration,
you will be notified as to the amount of the civil assessment.
Sincerely,
Mark Hardeman
Coastal Management Representative
w/ encl
Cc: Ted Tyndall, Assistant Director, DCM
Tere Barrett, District Manager, DCM
Roy Brownlow, Compliance Coordinator, DCM
Henry Wicker, USACE
Trish Murphy, NC Division of Marine Fisheries
Noelle Lutheran, NC Division of Water Quality
Ron Sechler, NMFS
Patti Fowler, Shellfish Sanitation
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

A% i
NCDENR
North Carolina Department of Environment and Natural
Division of Coastal Management
Michael F. Easley, Governor Charles S. Jones, Director
RESTORATION PLAN
For
Bill Diller Property
Property located at 703 Comet Drive, Beaufort, Carteret C
Fill from kicking
® Excavated area
❑ O,ystcr Rocks
c:
Newport River
70' x 30' Excavated NT.V
Area - Kicking
Oyster
,
lrces
G. Ross Jr., Secretary
Site Visits —
5/09/O5, 6/01/05„
6/02105, 6/08/05
NTS
Subsequent Pill Xrea
Approx 50' x 90'
\V \t/ Marsh
I, Bill Diller, agree to fill all areas of excavation to original grade and contour with heavy sand and cultch shell material. Any
additional restoration requirements by the USACE will become a part of this agreement. I agree Ic omplete this restoration to
the satisfaction of the Division of Coastal Management (DCNI) by July 31, 2005, or provide a reasonable explanation for non-
compliance and a 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 3350.00 andlhigher 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.
400 Commerce Avenue, Morehead City, North Carolina 28551
Phone: [phone] \ FAX: [phone] \ Internet: www.nccoastalma agement.net
An Equal Opportunity \ Affirmative Action Employer - 5t °e Recycled 110',o Post Consumef Paper

r a
A 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
RESTORATION PLAN
For
Bill Diller Property
Property located at 703 Comet Drive, Beaufort, Carteret County
Fill from Kicking
® Escavated-area
❑ Oystcr Rocks
Newport River
70' s 30' Excavated
Area - Kicking
Site Visits —
5/09/05, 6/01/05,
6/02/05, 6/08/05
nTS
I, Bill Diller, agree to fill all areas of excavaticr. tc orginal grn_4e and contour ,vith heavy send a"d cultch shell material. Any
additional restoration requirements by the USACE will be::ome a part of this acreement. I agrae Ic complete this restoration to
the satisfaction of the Division of Coastal Management (DCM, ty July 31, 2005, or provide a reasonable explan_a'on for non-
compliance and a request for time extensor ;S en corectr.e ac gns are complete, I will not':fi G-e DCNI so the -,-icrk can be
inspected.
SIGN.. -TUBE:
D:-'.TE:
It is the policy of the Coastal Resources Co.—m;sigr to levy a r-inimum civil assessment 3350.00 aad hicher against all
violations of this type depending upon the damace to the reseur_es L`restoration is rot undeitai a.^ orsatisfactorily completed. a
substantially higher civil assessment will be Iev ei and an irjunc, or sought to require restoration.
400 Commerce Avenue, Morehead City. North Carolina 28557
Phone: [phone] FAX: [phone] Internet: w,vsv.nccoastalmanagement.ne;
A.nEqualOpporunit•r1=-..—_.,:.::.crEm,.--.-',Sa:ydr:.10'6Pos;Cecs.—_rPzcar

Subject: CNOV
From: 'Ted.Tyndall" <Ted.Tyndall@ncmai 1. net>
Date: Fri, 30 Sep 2005 14:55:22 -0400
To: Mark Hardeman <Mark. Hardeman@ncmail. net>, Tere Barrett
<Tere. Barrett@ncmail. net>
CC: Roy Brownlow <[e-mail]>
Mark - As we discussed, please wait a few days until we receive the green cards back from
Mr. Diller's CNOV before proceeding with the court injunction. I would like to have given
him the "good faith effort" opportunity in a formal document before we proceed. This will
certainly make our case more straightforward and not seem to be punitive. Thanks, Ted T.
Tyndall,
Commerce Ave.
ehead City, NC 28557
) 808-2808 FAX (252)
1 of 1 10/4/2005 11:51 AM

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Mr. Bill Diller
21 November 2005
Page 2 of 3
Based upon the North Carolina Administrative Code, Subchapter 07H. State Guidelines for Areas of
Environmental Concern, the unauthorized development you have undertaken or are legally responsible for,
excavating and filling in the Public Trust Area and Estuarine Waters AEC, is not consistent with the Coastal
Resources Commission's (CRC) rules, and could not have been permitted. Therefor, as provided in the
original Notice of Violation and in accordance with the CRC's rules, you are requested to fill all areas of
excavation to original grade and contour with heavy sand, and top with shell cultch material. In addition,
you are requested to remove the resultant fill associated with this excavation to restore the bottom
substrate therefore restoring the site to its pre -development condition. Please refer to he enclosed copy of
the original Restoration Agreement sent to you on July 1, 2005,
Our records indicate that on August 5, 2005 you signed an addendum plan requestn( until September 15,
2005 to comply with the restoration agreement. On August 9, 2005, Mark Hardeman vfrote to you apprising
you of the Division's denial of that request, however, the Division of Coastal Management (DCM) did agree
to extend the restoration to August 24, 2005, provided that restoration begin immediately. As per the Notice
of Continuing Violation dated 30 September 2005 issued to you by Mark Hardeman, t did not appear any
action had been taken to restore the adversely affected coastal resources as requ sted in the original
restoration agreement, or in the second request of August 9, 2005. Finally, a subsequent visit to your
property by Mark Hardeman on or about 10 October 2005 showed that some work was apparently in
progress to restore the affected areas.
A site visit on 14 November 2005 to monitor the restoration work revealed that approx mately ±840 square
feet (approximately 40%) of the ±2,100 square feet excavated substrate has been re tored. At the time of
our visit there was no indication of further work in progress.
Mr. Diller, coastal resources may continue to be adversely impacted at this site in its crrent condition. The
longer the area remains in a condition that is inconsistent with rules could cause eventual long term or
irreversible adverse impacts to the immediate and adjacent significant coastal resources. Furthermore, the
unresponsiveness to restore within the specified deadline date is concluded to be al refusal or failure to
comply with the Division's request to restore and become a continuing violation.
You are requested to complete the restoration as prescribed in the 01 July 2005 Rest ration Agreement to
the satisfaction of the Division of Coastal Management by 5:00 p.m. on 31 Decem er 2005. Failure to
complete the restoration by this date shall be interpreted as a refusal or failure to restore and a court order
will be sought for an injunction to require complete restoration. Furthermore, in accordance with the N.C.
Administrative Code, Subchapter 710409(f)(4)(G)(ii), you shall be subject to a daily minimum penalty of
one hundred dollars ($100.00) per day starting from the date of the original Notice of Violation. The Division
has been extremely accommodating in this matter, therefore, this is the final attempt to resolve this
matter informally.
400 Commerce Avenue, Morehead City, North Carolina 28557
Phone: [phone] FAX: [phone] Internet: www.nccoastalmana ement.net
An Equal Opportunity 1 Affirmative Action Employer —50% Recycled 110% Post Consumer Paper
or

101
f IV
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
21 November 2005
CERTIFIED MAIL LSBRB
RETURN RECEIPT REQUESTED TB (�Zw Rg
MTT
Mr. Bill Diller
703 Comet Drive
Beaufort, NC 2851Q
RE. CANA WOLATION#05.17C
Dear Mr. Diller:
This letter is in reference to the Notice of Violation that was issued to you on 13 May 2005 by the North
Carolina Division of Coastal Management for unauthorized development in violation of the Coastal Area
Management Act (CAMA). The violation occurred onsite on your property located at 703 Comet Drive, in or
near the Town of Beaufort, Carteret County, North Carolina. This letter also confirms a site visit to your
property on 14 November 2005 by Coastal Management Representative Mark Hardeman and me to
monitor the requested restoration as prescribed in the 13 May 2005 Notice of Violation.
Information gathered by 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 (herein abbreviated N.C.G.S.)113A-118.
Information I have indicates that you have undertaken or are legally responsible for unauthorized
excavation in the form of kicking, or prop washing the shallow bottom substrate and the resultant fill
material from the excavation creating spoil berms for a total impacted area measuring approximately 90' in
width by 50' in length (4,500 square feet) in shellfish beds on the aforementioned property. This activity
took place in the Estuarine Waters and Public Trust Area Areas of Environmental Concern. Estuarine
Waters and Public Trust Areas are designated Areas of Environmental Concern (AECs). No permit was
issued to you for work in this area. Therefore, I conclude that you are in violation of the Coastal Area
Management Act.
You are also in violation of the State's Dredge and Fill Act which requires a permit from the North Carolina
Department of Environment and Natural Resources before undertaking any excavating or filler in any
estuarine waters, tidelands, marshlands, or state owned lakes pursuant to N.C.G.S. 113-229. 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.
400 Commerce Avenue, Morehead City, North Carolina 28557
Phone: [phone] FAX: [phone] Internet: www.necoastalmanagement.net
An Equal Opportunity 1 Affirmative Action Employer — 50% Recycled 110% Post Consumer Paper

r Mr. Bill Diller
21 November 2005
Page 3 of 3
Please call me at [phone] should you decide to comply and resolve this matter. I am available to
meet with you onsite to discuss the requested restoration measures. Following completion of the
restoration, please notify Mark Hardeman or me for inspection. Upon accepting the restoration to the
satisfaction of the Division of Coastal Management, you will be notified as to the amount of the civil
assessment.
Sincerely,
Roy Brownlow
Compliance and Enforcement Coordinator
North Carolina Division of Coastal Management
Cc: INNAW Assistant Director, DCM
Tere Barrett, District Manager, DCM
Mark Hardeman, Coastal Management Representative, DCM
400 Commerce Avenue, Morehead City, North Carolina 28557
Phone: [phone] FAX: [phone] Intemet: www.necoastalmanagement.net
An Equal Opportunity 1 Affirmative Action Employer— 50% Recycled 110% Post Consumer Paper

05-May-06 NC DIVISION OF COASTAL MANAGEMENT ENFORCEMENT RECORD
CABS' CASE NUMBER LAST NAME FIRST NAME BUSINESS NAME: �>
05-17C IDILLER BILL
tJ CASE IS CLOSED I. Previous Violations in Same
❑ AEC for Similar Activities
NOV DATE CLOSURE DATE Elapsed Days AFFLILIATION SECTOR
5/13/2006 as i " ?> PROPERTY OWNER PRIVATE
MAILING ADDRESS CITY STATE ZIP CODE PHONE NUMBER
703 COMET DRIVE BEAUFORT NC 28516- 1
PROPERTY ADDRESS COMMUNITY WATERBODY NEAREST ROAD
703 COMET DR BEAUFORT INEWPORT RIVER I —
DISTRICT OFFICE COUNTY DCM REPRESENTATIVE LPO CONTACT
MHCDO ICARTERET HARDEMAN—
VIOLATION TYPE .AFFECTED AEC(S) ElCW © EW © PTA ❑ ES ❑ PTS
MAJOR CAMA plus DREDGE AND FILL ❑ OEA ❑ HHFA ❑ IHA ❑ PWS ❑ NCRA
NATURE OF VIOLATION AEC DESCRIPTION ISHELLFISH BEDS
lauthorized major development and violation of the State's Dredge & Fill Law by excavating and filling in the form
"kicking and/or prop washing" in the Newport River and Bogue Sound within the EW and PTA AECs. The
cavation was done by using the boats propeller wash to "kick" or dislodge the bottom substrate to create a
annel and/or basin.
RESTORATION STATUS
RESTORATION NOT REQUIRED - CONTRACTOR
RESTORATION NOT REQUIRED - PERMITTABLE DEVELOPMENT
l RESTORATION NOT REQUIRED - FURTHER IMPACTS
❑ RESTORATION PENDING
RESTORATION REQUEST DATE COMPLETION DATE
7/31/2005 1 V6/2006
RESTORATION EXTENDED RESTORE DATE
© DEADLINE
EXTENDED 1 /16/2006
❑ REFERRED TO AG'S OFFICE - INJUNCTION
INJUNCTION REFER DATE:
❑ REFERRED TO AG'S OFFICE - COLLECTION
COLLECTION REQUEST DATE: I
ASSESSMENT DATE PENALTY AMOUNT COLLECTION DATE AMOUNT COLLECTED
PENALTY.STATUS 3/2/2006 $650 4/3/2006 $650
❑/ PENALTY ISSUED ❑ WILLFUL & INTENTIONAL PENALTY (MIN. OR DOUBLED)
❑ PENALTY NOT ISSUED © CNOV ISSUED 9,301_'005 CNOV DATE
❑ CONRACTOR'S FIRST OFFENSE ❑ PENALTY APPEALED APPEAL DATE
❑ FORMAL CPA ISSUED FORMAL CPA DATE
❑ SETTLED. AGREED UPON. STIPULATED PENALTY I SETTLEMENT DATE
❑ UNCOLLECTIBLE PENALTY I UNCOLLECTIBLE DETERMINATION DATE
Violations Involving Adversely Impacted Resources
AMOUNT OF ADVERSELY DISTURBED AREA (SQ. FT.) f 4,500
AMOUNT OF RESTORED AREA (SQ. FT) 4,500
NOTES
issued 09/30/2005. Work to restore beginning 10/10/2005. Work completed 01/16/2006