05-04C Demichele

13-Apr-05 NC DIVISION OF COASTAL MANAGEMENT ENFORCEMENT RECORD
CASE STATUS -- "-? CASE NUMBER LAST NAME
FIRST NAME BUSINESS NAME:
05-04C IDEMICHELE JOYCE
;•; CASE IS CLOSED f
- NOV DATE CLOSURE DATE AFFLILIATION SECTOR Previous Violations in Same AEC
PROPERTY OWNE PRIVATE El for Similar Activities
2/23/2005 zwk.€CW:;.�z"
MAILING ADDRESS CITY STATE ZIP CODE PHONE NUMBER
POB 340 1 ATLANTIC BEAC NC 28512- 1
PROPERTY ADDRESS COMMUNITY WATERBODY NEAREST ROAD
LOT 55 BLUEWATER BANK NEWPORT 1BOGUE SOUND HWY 24
DISTRICT OFFICE COUNTY DCM REPRESENTATIVE LPO CONTACT
MHCDO ICARTERET DAVENPORT I`..._...�_
VIOLATION TYPE
MAJOR CAMA plus DREDGE AND FILL AEC TYPE CW, ES
NATURE OF VIOLATION
Jnauthonzed major development and violation of the State's uredge & FIII Law Dy clearing and removing soil and
;oastal wetland plants within the 575' AEC, of which approximately 800 sgft is within the CW and ES AEC.
r RESTORATION STATUS - -- ---- -- - RESTORATION REQUEST DATE COMPLETION DATE
!. �/❑ 3/25/2005 3'14/2005
❑ RESTORATION NOT REQUIRED - CONTRACTOR
RESTORATION NOT REQUIRED - PERMITTABLE DEVELOPMENT
_-1 RESTORATION NOT REQUIRED - FURTHER IMPACTS
I RESTORATION PENDING
❑ RESTORATION EXTENDED RESTORE DATE
DEADLINE
EXTENDED
❑ REFERRED TO AG'S OFFICE - COLLECTION
El REFERRED TO AG'S OFFICE - INJUNCTION
ASSESSMENT DATE PENALTY AMOUNT COLLECTION DATE AMOUNT COLLECTED
- PENALTY STATUS -- -- -- - — —---------•-----
3/23/2005 $350 4/11/2005 $350
EVI PENALTY ISSUED
PENALTY NOT ISSUED ❑ WILLFUL INTENTIONAL PENALTY (MIN. OR DOUBLED) J CNOV ISSUED
❑ CONRACTOR'S FIRST OFFENSE ❑ SETTLED, AGREED UPON, OR STIPULATED PENALTY ❑ PENALTY APPEALED
!_.._.. _.. -. .._ ..t ❑ UNCOLLECTIBLE PENALTY ❑FORMAL CPA ISSUED
Violations Involving Adversely Impacted Resources
AMOUNT OF ADVERSELY DISTURBED AREA (SQ. FT.) ' 800
AMOUNT OF RESTORED AREA (SO. FT) 800
NOTES

rz�
NCDENR
North Carolina Department of Environment and Natural Resources
Division of Coastal Management
Michael F. Easley, Governor Charles S. Jones, Director William G. Ross Jr., Secretary
April 11, 2005
Ms. Joyce DeMichele
PO Box 340
Atlantic Beach, NC 28512
RE. Payment of Proposed Penalty for Violations of the Coastal Area Management Act,
Carteret County
CAMA Violation #05-04C
Dear Ms. DeMichele:
This letter will acknowledge receipt of your Check #1050, in the amount of S350.00, dated
4/01/05. Once the amount of the check is credited to the Department of Environment and
Natural Resources' account, this matter will be fully and completely closed.
If you have any further questions concerning this matter, please contact me at my Morehead City
office, 252 808-2808.
Sincerely,
Tere Barrett
District Manager
cc: Ted Tyndall, Assistant Director
Roy Brownlow, Compliance Coordinator
Ryan Davenport, Coastal Management Rep.
400 Commerce Avenue, 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

CAMA VIOLATION #05.04C
AGREEMENT TO PAY PROPOSED CIVIL ASSESSMENT
I understand that the staff of the Department of Environment and Natural Resources will propose the assessment of a civil
penalty in the amount of $350.00 against Ms. Joyce DeMichele for violation of the Coastal Area Management Act, NCGS
113A-100 et sec, committed on or near Lot 55, Bluewater Banks, adjacent to Bogue Sound in the Newport area of
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 February 23, 2005, and agree to pay the
proposed civil assessment of $350.00.
4-1- oS
DATE
0
SIGNAT RE
eo �$�C>
ADDRESS
ELEPHONE NUMBER
APR 015 2005
Morehead City DCM

RESTORATION PLAN /fa
For
Joyce Demichele Property
Property located at Lot 55, Bluewater Banks, Carteret County
tu'
Bulkhead
Bogue Sournl
X 100' area to'Je
Lot 55, Bluewater Banks
Joyce ne,sciele
4CM
rm
I, Joyce Demichele, agree to return the 8' X 100' (800ftz) area to origional grade and contour, and to replant
with the coastal wetland plant species (Spartina patens and Juncus roemarianus) that were present before
the disturbance.
I agree to complete this restoration to the satisfaction of the Division of Coastal Management (DCM) by
March 25, 2005, or provide an explanation for non-compliance and a reasonable request for time
extension. When corrective actions are complete`I will notify the DCM so the work can be inspected.
SIGNATURE: �`����L. CIA
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.

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 Se
CERTIFIED MAIL
RETURN RECEIPT REQUESTED
Ms. Joyce DeMichele
PO Box 340
Atlantic Beach, NC 28512
RE: CAMA VIOLATION #05-04C
Dear Ms. DeMichele:
oretary
March 23, 2005
This letter is in reference to the Notice of Violation dated February 23, 2005 that Mr. Ryan Davenport, Field Representative for
the Division of Coastal Management, issued to you for land disturbing activity within the coastal wetlands; adjacent to Bogue
Sound at Lot 55, Bluewater Banks, in the Newport area of Carteret County. This development took place within the Estuarine
Shoreline and Coastal Wetlands Areas of Environmental Concern as designated by the Coastal Resources Commission. Based
upon the site visit conducted on March 14, 2005 by Mr. Davenport, the restoration requested appears to be complete to the
satisfaction of the Division of Coastal Management.
The Coastal Area Management Act provides that a civil assessment of up to $2,500 may be assessed for any violation. It is the
policy of the Coastal Resources Commission to assess a civil penalty for all violations in order to recover some of the costs of
investigating violations and/or to compensate the public for any damage to its natural resources.
Under the rules of the Coastal Resource Commission, a proposed civil penalty in the amount of $350.00 is appropriate for this
violation. You may expeditiously resolve this matter prior to the assessment of a_formal civil penalty by accepting responsibility
for the violation and paying the amount proposed above. In order to do this, you must: (1) sign one of the attached copies of an
"Agreement to Pay Civil Assessment;" (2) attach a check or money order for $350.00 made payable to the North Carolina
Department of Environment and Natural Resources (NCDENR); and, (3) return the signed agreement and payment to this office
in the enclosed, self-addressed envelope within ten (10) days of your receipt of this letter. Upon deposit of your check in the
Department's account, you will receive a Notice of Compliance officially closing this enforcement action.
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, MHC District Manager
Division of Coastal Management
Enclosures
cc: Ted Tyndall, Assistant Director, DCM
Roy Brownlow, Compliance Coordinator, DCM
Ryan Davenport, Coastal Management Representative, DCM
400 Commerce Avenue, Morehead City, North Carolina 28557
Phone: [phone] FAX: [phone] Internet: www.nccoastalmanagen
An Equal Opportunity 1 Affirmative Action Employer — 50% Recycled 110% Post Consumer Paper

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UNITED STATES POSTAL SERVICE FirsNCtass Mail
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USPS
Permit No. G10
• Sender: Please print your name, address, and ZIP+4 in this box
N.C. Division o`r Coastal Management
400 Commerce Avenue
Morehead City, N.C. 28557
808-2808

k
e
CAMA VIOLATION #05.04C
AGREEMENT TO PAY PROPOSED CIVIL ASSESSMENT
I understand that the staff of the Department of Environment and Natural Resources will propose the assessment of a civil
penalty in the amount of $350.00 against Ms. Joyce DeMichele for violation of the Coastal Area Management Act, NCGS
113A-100 et seg, committed on or near Lot 55, Bluewater Banks, adjacent to Bogue Sound in the Newport area of
Carteret County, North Carolina. In order to resolve this matter with no further action or expense o i my part, I accept
responsibility for the violation as described in the Notice of Violation letter dated February 23, 2005, a d agree to paythe
proposed civil assessment of $350.00.
DATE
SIGNATURE
ADDRESS
TELEPHONE NUMBER

CAMA VIOLATION #05.04C
AGREEMENT TO PAY PROPOSED CIVIL ASSESSMENT
I understand that the staff of the Department of Environment and Natural Resources will propose the assessment of a civil
penalty in the amount of $350.00 against Ms. Joyce DeMichele for violation of the Coastal Area Management Act, NCGS
113A-100 et sec, committed on or near Lot 55, Bluewater Banks, adjacent to Bogue Sound in the Newport area of
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 February 23, 2005, and agree to pay the
proposed civil assessment of $350.00.
DATE
SIGNATURE
ADDRESS
TELEPHONE NUMBER

N(P
r
NCDENR
North Carolina Department of Environment and Natural Resources
Division of Coastal Management
Michael F. Easley, Governor Charles S. Jones, Acting Director William GJRoss Jr., Secretary
March 23, 2005
Joyce Demichele
P.O. Box 340
Atlantic Beach, NC 28512
RE:RESTORATION ACCEPTANCE — CAMA VIOLATION #05-04C
Dear Ms. Demichele:
This letter is in reference to the Notice of Violation # 05-04C sent to you dated February 22, 2005 for the
disturbance of Coastal Marsh on Lot 55, Bluewater Banks, adjacent to Bogue Sound located near Newport,
off Hwy. 24, Carteret County, North Carolina. This unauthorized activity constituted development and you
were requested to restore 800 sf of disturbed area in the Coastal Wetland. In accordance with the North
Carolina Administrative Code, Title 15A, Subchapter 7J.0410, any violation involving development which is
inconsistent with guidelines for development within Areas of Environmental Concern (AEC) must be
corrected by restoring the project site to pre -development conditions to recover lost resources or to prevent
further resource damage.
I conducted a site visit at the aforementioned property on March 14, 2005 to inspect they restoration of the
unauthorized activity addressed in the Notice of Violation 05-04C. 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].
Sincerely,
;Ryan Davenport
Coastal Management Representative
CC:Tere Barrett, District Manager, DCM
Roy Brownlow, Compliance Coordinator, DCM
Brad Shaver, USACE
151-B Hwy. 24, Hestron Plaza II, Morehead City, North Carolina 28557
Phone: [phone] \ FAX: [phone] \ Internet: www.nccoastalmanagernent.net
An Equal Opportunity \ Affirmative Action Employer — 500% Recycled \ 10% Post Consumer Paper

�2
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
February 23, 2005
CERTIFIED MAIL
RETURN RECEIPT REQUESTED
Joyce Demichele
P.O. Box 340
Atlantic Beach, NC 28512
RE., NOTICE OF VIOLATION AND REQUEST TO CEASE UNAUTHORIZED DEVELOPMENT — CAMA
VIOLATION #05 — 04C
Dear Ms. Demichele:
This letter confirms that on February 22, 2005, Roy Brownlow (Compliance Coordinator), Mark Hardeman (Coastal
Representative) and I were onsite at your property located at Lot 55, Bluewater Banks, adjacent to Bogue Sound
located in or near Newport, off Hwy. 24, Carteret County, North Carolina. The purpose of the visit 1 as to investigate
unauthorized development in the 575' Area of Environmental Concern (AEC), including land disturbing activity within
Coastal Wetlands. We met with you at this time to review the violation.
Information gathered by me for the Division of Coastal Management indicates that you have indertaken 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 land disturb
and removal soil and coastal wetland plants) within the 575' AEC, of which approximately 8' x 1
Wetlands on the aforementioned property. This activity took place in the Coastal Wetland
Shoreline AEC's that are contiguous with Bogue Sound. Coastal Wetlands and Estuarine Shorel
as Areas of Environmental Concern (AEC). No CAMA permit was issued to you for work in this al
findings, I am initiating an enforcement action by issuing this Notice of Violation for violation
Management Act and the State's Dredge and Fill Law.
I request that you immediately CEASE AND DESIST any further unauthorized activities within de
Environmental Concern. A civil assessment of up to $2,500 may be assessed against any violator.
development described in this notice is continued or repeated may constitute a separate violation If
additional assessment of up to $2,500. An injunction or criminal penalty may also be sought to en
(N.C.G.S. 113A-126).
activity (clearing
is within Coastal
d the Estuarine
are designated
Based on these
he Coastal Area
mated Areas of
ich day that the
is subject to an
:e any violation
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 Paper

Page 02
February 23, 2005
It is the policy of the Coastal Resources Commission to levy a minimum civil assessment of $350.00, not to exceed
$2,500 against all violations of this type. This is done to recoup some of the costs of investigating violations and/or to
compensate the public for any damage to its natural resources. Whether a higher amount will be assessed depends
on several factors, including the nature and area of the resources that were affected and the extent of the damage to
them.
You are also in violation of the State's Dredge and Fill Law which requires a permit from the North Carolina
Department of Environment and Natural Resources before undertaking any excavating or filling in any estuarine
waters, tidelands, marshlands, or state-owned lakes pursuant to N.C.G.S. 113-229. Therefore, I also request that
you immediately CEASE AND DESIST such unauthorized activity and contact me about this matter as well.
Violations of the State's Dredge and Fill Act may be enforced by a criminal penalty or a civil action for damages or an
injunction in accordance with N.C.G.S. 113-229.
Based upon the North Carolina Administrative Code, Title 15A, Subchapter 07H. State Guidelines for Areas of
Environmental Concern, the activity you have undertaken, ground disturbing, clearing, and rutting with heavy
equipment in the Coastal Wetlands and Estuarine Shoreline AEC's, is not consistent with Section 07H .0205, which
regulates development in Coastal Wetlands, and Section 07H .0208 which regulates development in Estuarine
Shorelines. Use Standards in 07h .0205 cite that suitable land uses shall be consistent with the management
objective in this Rule. Highest priority of use shall be allocated to the conservation of existing coastal wetlands.
Second priority of coastal wetland use shall be given to those types of development activities that require water
access and cannot function elsewhere. Therefore, I am requesting that restoration be required.
The enclosed Restoration Plan describes the action necessary to bring this project into compliance with the Act. If
you intend to cooperate with my request, please sign one of the attached Restoration Agreements and return it to me
in the enclosed, self-addressed envelope within ten (10) days of receipt of this letter. Failure to comply with this
request or respond back to this office prior to the requested deadline with an acceptable schedule for compliance will
be interpreted as a refusal to cooperate and will result in a Notice of Continuing Violation, as well as a court injunction
being sought ordering compliance.
The relevant statutes and regulations are available 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 252 — 808- 2808. Upon completion of the restoration as requested in the
Restoration Plan Agreement to the satisfaction of the Division of Coastal Management, you will be notified as to the
amount of the civil assessment for undertaking development without first obtaining the proper permit and/or
development that is inconsistent with Coastal Resources Commission rules.
Sincerely,
ar Davenport
'Coastal Management Representative
Cc:Ted Tyndall, Assistant Director, DCM
Tere Barrett, District Manager, DCM
Roy Brownlow, Compliance Coordinator, DCM
ENCLOSURE

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N NC Division of Coastal r
Management
400 Commerce Avenue
Morehead City, NC 28557
n mmmmmmnnnnmlmmmnnmmmlmmfc

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(rransfer from service label)
f Ps Font 3811, February 2004 Domestic Return Receipt
tots - 1W

_►
Bulkhead
RESTORATION PLAN
For
Joyce Demichele Property
Property located at Lot 55, Bluewater Banks, Carteret County
13oeue So�ni
9mwwl IT"
8' X 1 O0' area to be restored
Lot 55, Bluewater Banks
Joyce Denuchele
*22roe
nrrs
I, Joyce Demichele, agree to return the 8' X 100' (800ft2) area to origional grade and contour, and to replant
with the coastal wetland plant species (Spadina patens and Juncus roemarianus) that were present before
the disturbance.
I agree to complete this restoration to the satisfaction of the Division of Coastal Management (DCM) by
March 25, 2005, or provide an explanation for non-compliance and a reasonable request for time
extension. When corrective actions are complete, I will notify the DCM so the work can be inspected.
SIGNATURE:
DATE:
It is the policy of the Coastal Resources Commission to levy a minimum civil assessment $350.00 and higher against
all violations of this type depending upon the damage to the resources. If restoration is not undertaken or
satisfactorily completed, a substantially higher civil assessment will be levied and an injunction sought to require
restoration.

DEMICHELE,JOYCE
2005
389,155 MKT
CARD 001
PID R
6326.04.70.8480000
389,155
Prev Yr Value
USE
149,695 LAND 001
PO BOX 340
DEF
234,014 BLDG 001
LISTER
5/10/2004
_
AG
ATLANTIC BEACH
NC 28512
.493
ACRES
5,4116 XFOB 001
TWP MOREHEAD
CITY
FIRE BROAD/GALES
CK FIRE RESCUE
BR/GALES
CK RESCUE
OTHER
LOT
BLK
PL BK/PG
PLAT
ADDRESS 0000359
BAY RUN NEWPORT 28570
NBHD
13001500
USE 000100
RESIDENTIAL
DEED 0677
00198
AICUZ
PRINTED
2/22/2005
BY ROSAS
LEGAL:
L55 BLUEWATER BANKS
BUILDING CHARACTERISTICS
for B1dgSeq#
001 (Item# 001
)
Code
Description
Code
Description Code
Description
Code
Description
Code
Description
Code Description
MODL
01 SNG FAMILY
BVAL 00001A
SNG FAMILY ARCH 10
CONVENTL
QUAL
OA A GRADE
STYS
2.0
SIZE N/A
FNDN
06 STONE
FRME
N/A WNDO
N/A
EXW1
30 VINYLSHING
EXW2
N/A
EXW2$
HEAT
01 NONE
A/C
N/A RSTR 04
HIP
RCV1
03 COMP SHNGL
RCV2
N/A
RCV2%
INT1
01 MINIMUM
INT2
N/A INT2$
FLR1
01 NONE
FLR2
N/A
FLR2$
KTCH
N/A
DPRT
SPCD—PC %C MPLETLI-
+/-
N/A
FRPL
N/A UD-3
N/A
UD-4
N/A
HTFL 01
NONE
HTF2 N/A
COND
OE EXCELLENT
INSP 04
ESTIMATED UD-9
N/A
UD-9
N/A
UD-98
AYB 2002 EYB 2002
AREA CALCULATION
Subarea
Actual
Adi
Heated Prime
Rate
Value
%Good
TWO STO
1873
3652
3746 1873
134.89
252641
65.00
ONE STO
482
482
482 482
69.18
33345
65.00
PORCH
673
236
24.26
16325
65.00
PORCH
193
68
24.37
4703
65.00
2 STYPO
190
133
48.43
9202
65.00
PORCH
184
64
24.07
4429
65.00
FIN GAR
506
202
27.62
13975
65.00
BONUS R
253
240
253
65.62
16602
65.00
LUMP
TOTAL 4354 4481
TOTAL 5077
TRAVERSE
RCNLD TW02002=1873$ ONE2002=482$ PCH2O02=673$ PCH2O03=193$
164,216 PH22002=190$ PCH2O04=184$ FGR2002=506$ BNS2002=253
21,674 $.
10,611
3,057
51981
2,879
9,084
10,791
8800 65.00 5,720
80.34 65.00
2355 360022 234,013
P y.
APX:
22
19
10'P9320036'
7.
10. PH7002 IO'
24'PCH2ON
IN
4
5,
4
4
4.
19'
g, 17
10' 3'
fly'
10
3'
21'
4'
ONE2002
5
482
i 02002
I 4
30'
1073
I 39
EN52002
3
I'
17'
253
3
5'
21'
e. 13'
22'
15' 5.
5'
11'
7'
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5'
S PCH2O02
FOR2002 23
673
11'
506 6'
15,
3
9'
11'
22' 6'
;*V018LIDI:LGIIIlIlI4lQlil

DEMICHELE,JOYCE
2005 389,155
MKT
CARD 002
PID R 6326.04.70.8980000
389,155
Prev Yr Value
USE
149,695
LAND 001
PO BOX 340
DEF
234,014
BLDG 001
--ISTER--5/iii/2004- -AG-- -
--- -ATLANTIC-BEACH-NC--2.8512- -- - -
-- -- - - 4{}}
ACRES---- -
- 5-, 4-9.6-X-FOB
-001
TWP MOREHEAD CITY
FIRE BROAD/GALES
CK FIRE RESCUE BR/GALES CK
RESCUE OTHER
LOT ELK
PL BK/PG PLAT
ADDRESS 0000359 BAY RUN NEWPORT
28570
NBHD 13001500 USE 000100
RESIDENTIAL DEED 0677 00198
AICUZ PRINTED 2/22/2005 BY
ROSAS
LEGAL: L55 BLUEWATER BANKS
NA RVDT REVISTDATE
9/19/2002 12/01/2002
C429IE10 FRHS FRAMEHOUSE
2/19/2002 6/01/2003
225,000
EXTRA FEATURES
Seq Bldq Code Description Lenqth Width Heiqht #Units UT Qty Qual UTPrice Year Adjl Ad12 Adi3 Ad14 %Good Value
All I n I 11—,. vnn1 n A Ann Tv I nn I nnn An,, AC I I 1 nn 1 I Inn. I C
LAND
Seq Zone Code Use Description
Front Depth Back FT #Units UT UTPrice Adjl Adj2 Ad13 Ad14 Fadl Dad1 Nbad Ad! Eff Rate Value
1 131313 SOUNDFRONT
91 236 60 91.000 FF 1,400.000 1.00 1.00 1.00 1.00 1.04 1.13 1.000 1,645.000 149,695

DCM ENFORCEMENT
Issue
Field Rep. t�h � � � [�
LPO_
LPJ
Violation Descripti n
Initial Discovery Date _ a a� 0 S- Discovery Method
Violation Description _C �r�Y_h
TRACKING REPORT
Violation Base No. 0 0 `/ G
AD
Violated Permit No. / -
(il applicable)
Respondent Information[ Pri°/� Violation/ m ame AEC: Yes
Respondent Name(s) /_�_ J G Cr . (. 4 - (S _
Address P6 I✓ o� 3 `10 city C! o
Phone #__
Fax #
as activity permittable?(fYes l
N V c �Arl'Yie /,94rc
nr
V
`i{ tgteA__L Zip ;26s�g
Email_--
---
Violation Type:
Project Type:
Authorizations Required:
Site Visits Respondent
Site Visits Respondent
[] No Permit
�7 Private/Community
❑ Major D4 CAMA
Present
Present
Permit Condition
ElGovt,IPublic
❑ Minor D&F
�_
------ ❑
[� Expired Permit
L-� Commercial
[_� General
[_-
- ---- - ❑
Inconsistent wl Rules
❑
Violation Location and Site Description/
Project Location: Co6rity__C..�� �e'T__-_-- _
Street Address/ State Road/ Lot #(s) _-
V<
City ZIP_. r7Q _
Phone # �-. �River Basin _. L✓�++ 0 -
Ad. Wtr. Bod 5 o f-c ✓ +V u
J Y- -
Closest Ma'. Wtr. Body
Restoration
n
NOV Date
CNOV Date
Penalty Assessment
Sent to Respondent Date
Rover File
/ U U H
Shoreline Length ___
SAV: Not Sure
Yes
Nd
Sandbags: Not Sure
Yes
PNA:
Yes
(5 Adjacent
ORW:
Y
No Adjacent
Crit. Hab.
Yes
Photos
Yes-
No
Waiver Required
es
In DWQ Buffer Area
o
Initial Req. Comp. Date2.5(Y�
Date Comp. Observed
Rcvd. by Dist. Mgr. Date
Assessment Extended Yes No
Extension Granted Yes No
Restoration Letter
Acceptance Date ---
71.0409 Ref. I Recomm. Assess. I DCM Assess.
App./Permit Fee Is 00 - is
Penalty I s s
Willful/Intent. is $
Continuing -__ is --_ - $
Other Is ^T- Is
--- - Total - �) �;

Formal Assess
Date Long Form
Date Formal CPA
Final Assessment $1
ents, Appeals and Reductions
Iubmitted Assess
i
Submitted —
❑ Penalty
—Date_ _
rent Appealed Yes No
modified
Attorney General's
Date sent to AG
Date Collection
Office for Injunction or Formal Collection
-- — ❑ Respondent not responsive to penaltylNOV ❑ Injurition
Let. Sent Date Demand Let. Sent —_--
to complete restoration
Violation Activities
AECs Affected:
rq
IIEA
PWS:
Other:
Restoration Req
and Impacts
Wetlands Impacted? Ye 7
SC EW PTA ES PTS
HHF IH SA Cl
SS -. SC � 404
FC:
ired by the Respondent Yes No
No If yes, which types:
LS TY
Dimensions in excess
of permit( unauthorized activities
Dimensions to restore
Final dimensions
allowed
Actually restoretl
Development A,
tivities
X/Orr,
Ie W oo '
C2
910(> " II
Habitat Description
NOTES: --
---=----------..—._._..'_------ — ------
Closing
Payment Received
5__---_.—__mate_—_-.—_ Date Case Clos
d —____

�,,07-,Mar-05­ i1NC DIVISION OF COASTAL MANAGEMENT ENFORCEMENT RECORD
CASE NUMBER LASTNAME�
FIRST" NAME- BUSINESS NAME:
evious violations in" Same AEC'
"MAILING ADDRESSJ, CITY� STATE, ZLIP CODE PHONE NUMBER ...
JATL� TIC
XT
PROPERTY ADDRESS COMMUNITY 'WATERsobY NEARESTROAb,
-------------
,:'DISTRICT OFFICE V
�VIOLATiON TYPE All
AN
NATURE OF %AOLATiON
Unauthorized major violation of the Stato'oDrodga&Fill Law byclearing land
3/25/2005
RESTORATION EXTENDED RESTORE DATE,
REFERRED TO AG'S OFFICE - COLLECTION
RATION ENDING
i'EO'PENALTY ISSUE
PENALTY NOT ISSUED WILLFUL INTENTIONAL: PENALTY (MIN.PR DOUBLED �i CNOV ISSUED;'
E[CONRACTOR'S FIRST OFFENSE SETTLED,AG , REED UPON,,OR STIPULATED PENALTY,.� 'U'OENALTY APPEALED'
Ff
UNCOLLECTIBLE PENALTY
Violations 661ving Adve�se!y'ln'pacted Resources -
AMOUNT OF ADVER§ELv:biSTU'RBED'
NOTES

24-Mar-05 NC DIVISION OF COASTAL MANAGEMENT ENFORCEMENT RECORD
CASE STATUS -
CASE NUMBER LAST NAME FIRST NAME BUSINESS NAME:
• CASE IS OPEN 704C IDEMICHELE JOYCE
CASE IS CLOSED f
AFFLILIATION SECTOR
NOV DATE CLOSURE DATE for Similar
r Violations In Same AEC
PROPERTY OWNE PRIVATE for $II1lllar ACtIVItIBS
2/23/2005 1
MAILING ADDRESS CITY STATE ZIP CODE PHONE NUMBER
POP 340 ATLANTIC BEAC NC 28512-
PROPERTY ADDRESS COMMUNITY WATERBODY NEAREST ROAD
LOT 55 BLUEWATER BANK INEWPORT BOGUE SOUND HWY 24
DISTRICT OFFICE COUNTY DCM REPRESENTATIVE LPO CONTACT
MHCDO CARTERET DAVENPORT I
VIOLATION TYPE
MAJOR CAMA plus DREDGE AND FILL AEC TYPE JCW, ES
NATURE OF VIOLATION
iauthorized major development and violation of the State's Dredge & Fill Law by clearing and removing soil and
astal wetland plants within the 575' AEC, of which approximately 800 sgft is within the CW and ES AEC.
RESTORATION STATUS RESTORATION REQUEST DATE COMPLETION DATE
J 3/25/2005 3/14/2005
RESTORATION NOT REQUIRED -CONTRACTOR
RESTORATION EXTENDED RESTORE DATE
_ RESTORATION NOT REQUIRED - PERMITTABLE DEVELOPMENT ❑ DEADLINE
RESTORATION NOT REQUIRED - FURTHER IMPACTS EXTENDED
RESTORATION PENDING r' REFERRED TO AG'S OFFICE - COLLECTION
REFERRED TO AG'S OFFICE - INJUNCTION
ASSESSMENT DATE PENALTY AMOUNT COLLECTION DATE AMOUNT COLLECTED
r-PENALTY STATUS -- - ---- 3/2T2005 $350 F_
d❑ PENALTY ISSUED
❑ PENALTY NOT ISSUED ❑ WILLFUL INTENTIONAL PENALTY (MIN. OR DOUBLED)
Li CONRACTOR'S FIRST OFFENSE ElSETTLED, AGREED UPON, OR STIPULATED PENALTY
❑ UNCOLLECTIBLE PENALTY
Violations Involving Adversely Impacted Resources
AMOUNT OF ADVERSELY DISTURBED AREA (SQ. FT.) 800
AMOUNT OF RESTORED AREA (SQ. FT) 800
NOTES
CNOVISSUED
PENALTY APPEALED
FORMAL CPA ISSUED

NCDENR
North Carolina Department of Environment and Natural Resources
Division of Coastal Management
Michael F. Easley, Governor Charles S. Jones, Director William G. Ross Jr., Secretary
NOTICE OF VIOLATION
February 23, 2005
CERTIFIED MAIL
RETURN RECEIPT REQUESTED
Joyce Demic ele
P.O. Box 340
Atlantic Beach, NC 28512
RE: NOTICE OF VIOLATION AND REQUEST TO CEASE UNAUTHORIZED DEVELOPMENT — CAMA
VIOLATION #05 — 04C
Dear Ms. Dem'l hele:
This letter confirms that on February 22, 2005, Roy Brownlow (Compliance Coordinator), Mark Hardeman (Coastal
Representative) and I were onsite at your property located at Lot 55, Bluewater Banks, adjacent to Bogue Sound
located in or near Newport, off Hwy. 24, Carteret County, North Carolina. The purpose of the visit was to investigate
unauthorized development in the 575' Area of Environmental Concern (AEC), including land disturbing activity within
Coastal Wetlands. We met with you at this time to review the violation.
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 ir{ a designated Area of Environmental Concern (AEC) without first obtaining a permit from the North
Carolina Depa ment 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 land disturbing activity (clearing
and removal soil and coastal wetland plants) within the 575' AEC, of which approximately 8' x 10 is within Coastal
Wetlands on the aforementioned property. This activity took place in the Coastal Wetland nd the Estuarine
Shoreline AEC's that are contiguous with Bogue Sound. Coastal Wetlands and Estuarine Shorelines are designated
as Areas of Environmental Concern (AEC). No CAMA permit was issued to you for work in this arela. 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 Ill at is subject to an
additional assessment of up to $2,500. An injunction or criminal penalty may also be sought to en orce any violation
(N.C.G.S.113Aj126).
400 Commerce Avenue, Morehead City, North Carolina 28557
Phone: [phone] \ FAX: [phone] \ Internet: www.nccoastalmanacement.net
An Equal Opportunity \ Affirmative Action Employer - 50% Recycled \ 10% Post Consumer Paper

. �k
Page 02
February 23, 2005
It is the policy of the Coastal Resources Commission to levy a minimum civil assessment of $350.00, not to exceed
$2,500 against all violations of this type. This is done to recoup some of the costs of investigating violations and/or to
compensate the public for any damage to its natural resources. Whether a higher amount will be assessed depends
on several factors, including the nature and area of the resources that were affected and the extent of the damage to
them.
You are also in violation of the State's Dredge and Fill Law which requires a permit from the North Carolina
Department of Environment and Natural Resources before undertaking any excavating or filling in any estuarine
waters, tidelands, marshlands, or state-owned lakes pursuant to N.C.G.S. 113.229. Therefore, I also request that
you immediately CEASE AND DESIST such unauthorized activity and contact me about this matter as well.
Violations of the State's Dredge and Fill Act may be enforced by a criminal penalty or a civil action for damages or an
injunction in accordance with N.C.G.S. 113-229.
Based upon the North Carolina Administrative Code, Title 15A, Subchapter 07H. State Guidelines for Areas of
Environmental Concern, the activity you have undertaken, ground disturbing, clearing, and rutting with heavy
equipment in the Coastal Wetlands and Estuarine Shoreline AEC's, is not consistent with Section 07H .0205, which
regulates development in Coastal Wetlands, and Section 07H .0208 which regulates development in Estuarine
Shorelines. Use Standards in 07h .0205 cite that suitable land uses shall be consistent with the management
objective in this Rule. Highest priority of use shall be allocated to the conservation of existing coastal wetlands.
Second priority of coastal wetland use shall be given to those types of development activities that require water
access and cannot function elsewhere. Therefore, I am requesting that restoration be required.
The enclosed Restoration Plan describes the action necessary to bring this project into compliance with the Act. If
you intend to cooperate with my request, please sign one of the attached Restoration Agreements and return it to me
in the enclosed, self-addressed envelope within ten (10) days of receipt of this letter. Failure to comply with this
request or respond back to this office prior to the requested deadline with an acceptable schedule for compliance will
be interpreted as a refusal to cooperate and will result in a Notice of Continuing Violation, as well as a court injunction
being sought ordering compliance.
The relevant statutes and regulations are available 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 252 — 808. 2808. Upon completion of the restoration as requested in the
Restoration Plan Agreement to the satisfaction of the Division of Coastal Management, you will be notified as to the
amount of the civil assessment for undertaking development without first obtaining the proper permit and/or
development that is inconsistent with Coastal Resources Commission rules.
Sincerely,
an Davenport
'Coastal Management Representative
Cc:Ted Tyndall, Assistant Director, DCM
Tere Barrett, District Manager, DCM
Roy Brownlow, Compliance Coordinator, DCM
ENCLOSURE

Bulkhead
RESTORATION PLAN
For
Joyce Demichele Property
Property located at Lot 55, Bluewater Banks, Carteret County
Bogue Sonnd.
S' h 100' area to be restored
Lot 55, Bluewater Banks
Joyce Denuchele
arezms
NTS
I, Joyce Demichele, agree to return the 8' X 100' (800ft2) area to origional grade and contour, and to replant
with the coastal wetland plant species (Spartina patens and Juncus roemarianus) that were present before
the disturbance.
I agree to complete this restoration to the satisfaction of the Division of Coastal Management (DCM) by
March 25, 2005, or provide an explanation for non-compliance and a reasonable request for time
extension. When corrective actions are complete, I will notify the DCM so the work can be inspected.
SIGNATURE:
DATE:
It is the policy of the Coastal Resources Commission to levy a minimum civil assessment $350.00 and higher against
all violations of this type depending upon the damage to the resources. If restoration is not undertaken or
satisfactorily completed, a substantially higher civil assessment will be levied and an injunction sought to require
restoration.