05-21C Peck

1�
NCDENR
North Carolina Department of Environment and Natural
Division of Coastal Management
Michael F. Easley, Governor Charles S. Jones, Director
August 1, 2006
Berit Peck
108 Outrigger Rd.
New Bern, NC 28562
William G. Ross Jr., Secretary
RE: Payment of Proposed Penalty for Violations of the Coastal Area
Committed in Craven County
CAMA Violation 905-21C
Dear Mr. Edwards:
This letter will acknowledge receipt of your check #9741, in the amount of $5
July 28, 2006. Once the amount of the check is credited to the Department of
Natural Resources' account, this matter will be fully and completely closed.
If you have any further questions concerning this matter, please contact me at
office, [phone].
Sincerely, �f
Tere Barrett
District Manager
TB/lsb
cc: 4F iyfw t ed UCompliance Coordinator
P� ,' al;l.,� st. Director
Stephen Lane, Field Rep.
Henry Wicker, COE
400 Commerce Avenue, Morehead City, North Carolina 28557
Phone: [phone] FAX: [phone] Internet: www riccoastalmar
Act,
00, and dated
dronment and
Morehead City
An Equal Opportunityl Affirmative Action Employer — 50% Recycled I10% Post Consumer

I
Ms. Bert Peck
April 18, 2006
Page T of 3
CAMA VIOLATION N05.21 C
AGREEMENT TO PAY PROPOSED CIVIL ASSESSMENT
I understand that the staff of the Department of Environment and Natural Resou
assessment of a civil penalty in the amount of $500.00 against me for violation
Management Act, NCGS 113A-100 et sec, committed on or near my property 1 Marina Dri
North Carolina. In order to resolve this matter with no further action or expense o
responsibility for the violation as described in the Notice of Violation letter dated June 10
pay the proposed civil assessment of $500.00,
7��Od
DATE
TURE
4 ,0 .
ADDRESS
A16
TELEPHONE
will propose the
the Coastal Area
in Craven County,
my part, I accept
and agree to

North Carolina
Michael F. Easley, Governor
Mrs. Berit Peck
336 Shoreside Drive
Cape Carteret, NC 28584
NCDENR
Department of Environment and Natural
Division of Coastal Management
Charles S. Jones, Director
Resources
William G. Ross Jr., Secretary
April 17, 2006 LSB r+ MTT
flL,B 7—_� RB
RB
RE:RESTORATION ACGEPTANCEa- CAMA VIOLATION #06.21C
Dear Mrs. Peck:
This letter is in reference to the Notice of Violation # 05-21 C sent to you dated June 10, 2005 for the construction of a
pier in. a location that was not permitted, ground disturbance in excess of that which was permitted, creating
impervious surface exceeding the amount permitted, and inadequate sediment control on your project site which
allowed sediment to wash into and fill a 10' X 6' area and a 104' area within the Public Trust Waters, Public Trust
Areas, and Public Trust Shoreline adjacent to Plantation Canal. The violation took place on your property located at 1
Marina Drive, New Bern, Craven County, North Carolina. This unauthorized activity constituted development and you
were requested to construct the marina in accordance with your CAMA and Dredge and Fill permits or stop work until
such time as your CAMA and Dredge and Fill permits were modified and the sediment damage within Plantation
Canal was restored. In accordance with the North Carolina Administrative Code, Title 15A, Subchapter 7J.0410, qny
violation involving development which is inconsistent with guidelines for development within Areas of Environmental
Concern (AEC) must be corrected by restoring the project site to pre -development conditions to recover lost
resources or to prevent further resource damage.
I conducted a site visit at the aforementioned property on April 13, 2006 to inspect the restoration of the unauthorized
activity addressed in the Notice of Violation # 05.21C. Based on this inspection, 4 appears the restoration is
accomplished to the satisfaction of this Division. 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 concem.
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,
Stephen Lane
Coastal Management Representative
Cc: Ted Tyndall, {assistant Director, DCM
Tere Barrett, District Manager, DCM
Roy Brownlow, Compliance Coordinator, DCM
Raleigh Bland, Major Permit Coordinator, USACE-Washington
Chad Strom, LPO, County of Craven
400 Commerce Avenue, Morehead City, North Carolina 28557
Phone: [phone] \ FAX: [phone] \ Intemet: www.nccoastalmanagement.net
An Equal Opportunity \ Affirmative Action Employer — 50% Recycled \ 109k Post consumer Paper

A=RA
NCDENR
North Carolina Department of Environment and Natural Resources
Division of Coastal Management
Michael F. Easley, Governor Charles S. Jones, Director
April 18, 2006
CERTIFIED MAIL
RETURN RECEIPT REQUESTED
Ms. Berit Peck
336 Shoreline Drive -
Cape Carteret, NC 28584
RE: CAMA VIOLATION #05-21C
Dear Ms. Peck:
William G. Ross Jr., Secretary
LSB MTT
TB ri RB
RB
This letter is in reference to the Notice of Violation dated June 10, 2005 that Mr. Stephen Lane, Coastal
Management Representative for the Division of Coastal Management, issued to you for excess
construction, ground disturbance, and impervious area above that authorized under State Permit #23-05C
at 1 Marina Drive, Craven County. The violation involved Public Trust Waters and Shoreline, which are
Areas of Environmental Concern designated by the Coastal Resources Commission. Based upon the site
visit conducted on April 13, 2006 by Stephen Lane, 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 $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 Resources Commission, a proposed civil penalty in the amount of $500.00 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 $500.00 made payable to the North Carolina Department of Environment
and Natural Resources (NCDENR); and, (3) return the signed agreement and payment to this office in the
enclosed, self-addressed envelope within ten (10) days of your receipt of this letter. Upon deposit of your
check in the Department's account, you will receive a Notice of Compliance officially closing this
enforcement action.
400 Commerce Avenue, Morehead City, North Carolina 28557
Phone: [phone] FAX: [phone] Internet: www.nccoastalmanagement.net
An Equal Opportunity 1 Affirmative Action Employer— 50% Recycled 110% Post Consumer Paper

Ms. Berit Peck
April 18, 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
Stephen Lane, Coastal Management Representative, DCM
Raleigh Bland, USACE .
Chad Strom, LPO

f Ms. Berit Peck
April 18, 2006
Page 3 of 3
CAMA VIOLATION #05.21C
AGREEMENT TO PAY PROPOSED CIVIL ASSESSMENT
1 understand that the staff of the Department of Environment and Natural Resource will.propose the
assessment of a civil penalty in the amount of $500.00 against me for violation of the Coastal Area
Management Act, NCGS 113A-100 et sec, committed on or near my property 1 Marina Driv in Craven 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 June 10, 005, and agree to
pay the proposed civil assessment of $500.00.
DATE
SIGNATURE
ADDRESS
TELEPHONE NUMBE

Ms. Berit Peck
April 18, 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,
q,U.�' 1-
Tere Barrett, District Manager, MHC
Division of Coastal Management
Enclosures
cc: Ted Tyndall, Assistant Director, DCM
Roy Brownlow, Compliance Coordinator, DCM
Stephen Lane, Coastal Management Representative, DCM
Raleigh Bland, USACE
Chad Strom, LPO

AMA
North orth 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 18, 2006
CERTIFIED MAIL
RETURN RECEIPT REQUESTED
Me. Berll Peck
336 Shoreline Drive
Cape Carteret, NC 28584
RE: CAMA VIOLATION #05-21C
Dear Ms. Peck:
This letter is in reference to the Notice of Violation dated June 10, 2005 that Mr. Stephen Lane, Coastal
Management Representative for the Division of Coastal Management, issued to you for excess
construction, ground disturbance, and impervious area above that authorized under State Permit #23-05C
at 1 Marina Drive, Craven County. The violation involved Public Trust Waters and Shoreline, which are
Areas of Environmental Concern designated by the Coastal Resources Commission. Based upon the site
visit conducted on April 13, 2006 by Stephen Lane, the restoration requesfed is 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 Resources Commission, a proposed civil penalty in the amount of $500.00 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 $500.00 made payable to the North Carolina Department of Environment
and Natural Resources (NCDENR); and, (3) return the signed agreement and payment to this office in the
enclosed, self-addressed envelope within ten (10) days of your receipt of this letter. Upon deposit of your
check in the Department's account, you will receive a Notice of Compliance officially closing this
enforcement action.
400 Commerce Avenue, Morehead City, North Carolina 28557
Phone: [phone] \ FAX: [phone] \ Internet: www.nccoastalmanagement.net
An Equal Opportunity \ Affirmative Action Employer — 50% Recyded \ 10% Post Consumer Paper

Ms. Berit Peck
April 18, 2006
F- Page 3 of 3
CAMA VIOLATION #05.21C
AGREEMENT TO PAY PROPOSED CIVIL ASSESSMENT
I understand that the staff of the Department of Environment and Natural Resource
assessment of a civil penalty in the amount of $500.00 against me for violation of
Management Act, NCGS 113A-100 et seg, committed on or near my property 1 Marina DrIv(
North Carolina. In order to resolve this matter with no further action'or expense on
responsibility for the violation as described in the Notice of Violation letter dated June 10,
pay the proposed civil assessment of $500.00.
DATE
SIGNATURE
ADDRESS
TELEPHONE NUMBI
will propose the
the Coastal Area
in Craven County,
my part, I accept
005, and agree to

A FM
MCDEN
North Carolina Department of Environment and Natural Resoun
Division of Coastal Management
Michael F. Easley, Governor Charles S. Jones, Director William
April 17, 2006
Mrs. Berit Peck
336 Shoreside Drive
Cape Carteret, NC 28584
RE:RESi'ORATION ACCEPTANCE.— CAMA VIOLATrON #06-21 C
Dear Mrs. Peck:
This letter is in reference to the Notice of Violation # 05-21 C sent to you dated June 10, 2005 for
pier in a location that was -not permitted, ground disturbance in excess of that which was
impervious surface exceeding the amount permitted, and inadequate sediment control on yot
allowed sediment to wash into and fill a 10' X 6' area and a 14'X4' area within the Public Trust'
Areas, and Public Trust Shoreline adjacent to Plantation Canal. The violation took place on your
Marina Drive, New Bern, Craven County, North Carolina. This unauthorized activity constituted d
were requested to construct the marina in accordance with your CAMA and Dredge and Fill pern
such time as your CAMA and Dredge and Fill permits were modified and the sediment dame
Canal was restored. In accordance with the North Carolina Administrative Code, Title 15A, Sutx
violation involving development which is inconsistent with guidelines for development within Are
Concern (AEC) must be corrected by restoring the project site to pre -development conditl
resources or to prevent further resource damage.
I conducted a site visit at the aforementioned property on April 13, 2006 to inspect the restoratic
activity addressed in the Notice of Violation # 05-21C. Based on this inspection, it appe�
accomplished to the satisfaction of this Division. Based on this inspection, it appears the restot
to the satisfaction of this Division. Upon my submission of an enforcement report, you will
amount of the civil penalty for undertaking this unauthorized activity within an Area -of Environm
Thank you for your attention and cooperation in this matter. If you have any questions
please feel free to call me at [phone].
Sincerely,
Stephen Lane
Coastal Management Representative
Cc: Ted Tyndall, Assistant Director, DCM
Tere Barrett, District Manager, DCM
Roy Brownlow, Compliance Coordinator, DCM
Raleigh Bland, Major Permit Coordinator, USAGE -Washington
Chad Strom, LPO, County of Craven
400 Commerce Avenue, Morehead City, North Carolina 28557
Phone: [phone] \ FAX: [phone] \ Internet: www.nccoastalman�
An Equal Opportunity \ Affirmative Action Employer — 50% Recycled \ 10% Post Consumer
Ross Jr., Secretary
he construction of a
permitted, creating
r project site which
Haters, Public Trust
Iroperty located at 1
welopment and you
its or stop work until
)e within Plantation
hapter 7J.0410, clny
as of Environmental
ms to recover lost
of the unauthorized
I the restoration is
on is accomplished
a notified as to the
tal concern.
to this matter,
net

DCM ENFORCEMENT TRACKING
REPORT
Issuer
C
Field Rep. Violation Base No.
A B D
LPO �`"{ f°"
yy Violated Permit No.
(/�A✓erg (/,� u.� l v
�3— or
LPl "— r (if applicable)
Violation Description Was activity per
ittable. Ye' / No
Initial Discovery Date Discoveryy Method
c? 3I'75v» Phi° -+
Violation Description
Cr. wn.P
Respondent Information Prior Violations in same AEC: Yes / No Case
Number Us 1/C -01
��jj
Respondent Name(s) �✓f 4 �� andowne
Agent/Contractor)
'✓c
Address �3 1j`' " City C<t� �r ��� State
Af'- Zip �8T8y
��a ��y Fax #
Phone #
Email
Violation Type: Project Type: Authorizations Required: Site Visits Responden
Site Visits Respondent
No Permit Private/Community Ma' _ j -2P nr F,rrels�ent
Present
ermitC ditio Govt./Public Minor &F y-/p-or YK
Expired Permit ommercial General
Inconsistent w/ Rules
Violation Location and Site Description
Rover File
Project Location: County (4-A✓�
Shoreline Length
'r✓^' boo'
o
Street Address/ State Road/ Lot #(s) - �A/r"` �`°``{ t ( $AV: Not Sure
Yes
„'
N� Sandbags: Not Sure
Yes o
Subdivision Q"'( PNA:
Yes Adjacent
y„r &i^ / iJ ,,�r6 �— ORW:
City N ZIP
Yes N Adjacent
rS8' Crit. Hab.
Phone # () 13 - 8 River Basin A/� u Photos
Yes No
® No
I d* ti it t F �u
Adj. Wtr. Body ��°n�°` 4" (nat / unkn) Waiver Required
an
Ye
Closest Maj. Wtr. Body �e ^J" ram In DWQ Buffer Area
No
Restoration
r Extension Granted
es No
1� r-7'10—d
NOV Date �� � Initial Req. Comp. Date
° 6 Restoration
CNOV Date Date Comp. Observed N' 13r Acceptance
Letter � 7-o d
Date
Penalty Assessment / 71.0/40 Ref. Recom
Assess. DCM Assess.
Sent to Respondent Date App./Permit Fee (y)X) $ qvc
�qX 0
S
Penalty $ 100
S
Rcvd. by Dist. Mgr. Date
Assessment Extended Yes No Willful/Intent. $
S
Continuing $
S
Other $ 1
S
Total �j S

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 penalty1NOV Injunction to complete restoration
Date Collection Let. Sent Date Demand Let. Sent
Violation Activities and Impacts
AECs Affected:
CW EW (fg) ES TS
OEA HHF IH
PWS: FC:
Other:
Restoration Required by the Respondent >re / No
Wetlands Impacted? Yes /
SA DS cl SY IR
SS SC SP- 404
Dimensions in excess Dimensions to restore
of permit/ unauthorized activities
Development Activities _ 7ry/) 7f.OVA 4 n - ) b' X
4n�rM'� /ram/
Habitat Description f1„�LW j A,� _
rtiu.v- h- -]I-�
NOTES:
f
Final dimensions
allowed
Closing
Payment Received $ Date Date Case Closed
If yes, which types:
LS TY
Actually restored
/be XL.
I y' Xy(

•, Y
ti
NCI
North Carolina Department of Environment and Natural
Division of Coastal Management
Michael F. Easley, Governor Charles S. Jones, Director
NOTICE OF VIOLATION
June 10, 2005
336 Shoreside Drive
Cape Carteret, NC 28584
RE: VIOLATIONS OF CAMA MAJOR DEVELOPMENT PERMIT NO.23-05
CAMA VIOLATION #05-21 C
Dear Mrs. Peck:
tL �/
Resources
William
This letter confirms that on May 25, 2005, 1 met onsite with your representative Jay
located near the terminus of Marina Drive, adjacent to Plantation Canal off the Trent
Bend, Craven County, North Carolina. The purpose of the visit was to monitor the pe
of a marina on the subject property.
Ross Jr., Secretary
at your property
located in River
d redevelopment
Information gathered by me for the NC Division of Coastal Management shows that you have violated the
terms or conditions of State Permit No. 23-05 which was issued to you by the Coastal Resources
Commission and the North Carolina Department of Environment and Natural Resource I hereby request
that you immediately CEASE AND DESIST such violations and comply with the terms a. d conditions of the
above permit.
On February 14, 2005 State Permit No. 23-05 was issued to you for the redevelopment
marina within the Public Trust Area and Public Trust Shoreline on property located in Cr
Carolina, off Marina Drive. This permit was issued for a CAMA Major Developn
Environmental Concern, in accordance with North Carolina General Statutes (N.C.G.
permit included the following terms and conditions:
1. This permit authorizes only the docks, piers, and other structures and uses to
water that are expressly and specifically set forth in the permit application.
whether floating or stationary, shall become a permanent part of this marina fa
modification. No non -water dependant uses of structures shall be conducted c
Trust Waters without permit modification.
2. This permit authorizes only those upland development activities that are speci
the attached permit application and workplan drawings. Any proposed alteratil
upland development plans shall require additional authorization from the Divisic
400 Commerce Avenue, Morehead City, North Carolina 28557
Phone: [phone] \ FAX: [phone] \ Internet: www.nccoastalman
expansion of a
n County, North
in an Area of
113A-118. This
ad in or over the
i other structure,
ty without permit
in, or over Public
ly referenced in
to the approved
An Equal Opportunity \ Affirmative Action Employer— 50% Recycled \ 10% Post Consumer

Berit Peck
Notice of Violation-05-21 C
Page 2 .
3. Appropriate sediment and erosion control devices, measures, or structures shall be implemented to
ensure that eroded materials do not enter adjacent wetlands, watercourses and property (e.g. silt
fences, diversion swales or berms, etc.).
For the following reasons, you are in violation of the above terms and conditions of your permit:
1. The referenced permit issued on 2/14/05 requires that all development be done in accordance with
the workplat dated revised 3-25-04 which shows that the fuel dock is to originatell from the bulkhead
at approximately 35' away from the Pier Pointe Phase 4 P.O.A. property line The monitoring visit .
revealed ihat,the fuel dock is less than 20' from the `adfagent property and that there isa.6' x 24' n }
doc'bwlt immediately waterward of the existing boat ramp that was not authorized m the'permrt r w r.
2. It was also `noted duping the monitoring Visit that an`area approximately 2.1'acres'in size'tias'been
disturbed. This amount of disturbance far exceeds the authorized disturbance which is less than
one acre.
3. Gravel was observed covering approximately 69,000 square feet of the lo�. The amount of
impervious area observed on the lot far exceeded the amount authorized accor ing to State Permit
23-05.
4. Sediment control measures were not adequately maintained and allowed sediment to wash into
and fill adjacent waters and accumulate into a 10' x 6' area and a 14' x 4' area in front of the
bulkhead.
If the terms and conditions of a permit are not complied with, the permit is null and voidlfrom the date of its
issuance. To comply with the terms and conditions of the permit issued to you, you must:
1. Agree to construct the marina in accordance with State Permit 23-05 or cease all work and apply
for and receive permit modification.
2. Remove the sediment damage as identified above.
3. Contact the Division of Land Resources and the Division of Water Quality and modify the Erosion
and Sediment Control Plan and Stormwater Permit or any required variances as necessary.
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.
A civil penalty of up to Twenty -Five Hundred Dollars ($2500) may be assessed, or an
penalty may be sought against any person who violates a CAMA Major Development I
of the Coastal Resources Commission to assess a minimum civil penalty of $500 ac
this type. This is done to recoup some of the costs of investigating violations and/c
public for any damage to its natural resources. Whether a higher amount will be ass
several factors, including the nature and area of the resources that were affected
damage to them. If restoration of the affected resources is requested but is not and
satisfactorily, a substantially higher civil penalty will be assessed and a court inju
ordering restoration (N.C.G.S.113A-126).
ijunction or criminal
rmit. It is the policy
inst all violations of
to compensate the
;sed will depend on
d the extent of the
taken or completed
:tion will be sought

Berit Peck
Notice 'of Violation-'05-21 C
Page 3'-`
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 he near future to
determine whether this REQUEST TO CEASE AND DESIST has been complied withal request that you
contact me immediately.
Thank you for your time and cooperation in resolving this important matter. If you have
this or related matters, please call me at 252-808-2808. Upon completion of the reston
,� 4 notineo�as;l
, 'or requlrem
Sincerely,
Stephen Lane
Coastal Management Representative
Cc: Ted Tyndall, Assistant Director, DCM
Tere Barrett, District Manager, DCM
Roy Brownlow, Compliance Coordinator, DCM
Raleigh Bland, USACE, Washington
Al Hodge, Regional Supervisor, DWQ
Randy Beeman, Town Manager, Town of River Bend
ENCLOSURE
questions about
as requested in
you will be,:. _
_r

RESTORATION PLAN
For
Berit Peck Property
Property located near the terminus of Marina Drive, Craven County
n.
s" r
0.1. IMF ID.ze rye.]ne k' Ai
s+d RCP
D.L INI11
p2-\ D.I. ITV 9.53' 19.O 6Pr
LI. wv 10� 6 _ y • rol.. as
/ w
i
I S FLr I , w
� ^a Constructed fuel dock '
I D I 9 ,,9999��,222222 l z�•
XI l ( • Yrr an. , vpl I d z j
Authonzedfueldock �<
\� \", \\\\\ Unauthorized fill
D�sturbed Area
962 eqk
Authorized disturbance
��4,C1 1 f n.c •
Unauthorized 6' x 24' dock
""`P5 "'`° o 4+C. \\ ` °°° Unauth rized gravel to within
De ry 2°3 P..°nw�. Sa.c[e 9120' IYP,' •� 1 '
30' of bulkhead
We RvPcaq � .lNI ,99
Unauth rized gravel to within
AO23' of bulkhead
e era �• °` i ', ��/j�
I, Berit Peck, agree to construct the marina in accordance with State Permit 23-05 or cease all work
and apply for and receive a permit modification. I also agree to remove the unauthorized fill in front
of the bulkhead and contact the Division of Land Resources and the Division of Water Quality and
modify the Erosion and Sediment Control Plan and Stormwater Permit or any required variances as
necessary.
I agree to complete this restoration to the satisfaction of the Division of Coastal Management by July
10, 2005 or provide an explanation for non-compliance and a reasonable request for time extension.
SIGNATURE:
7W
It is the policy of the Coastal Resources Commission to levy a minimum civil assessment of $500 and higher
against all violations of this type depending upon the damage'to the resources. If restoration is not undertaken
or satisfactorily completed, a substantially higher civil assessment will be levied and an injunction sought to
require restoration.

�41 RAA
NC®ENR
North Carolina Department of Environment and Natural
Division of Coastal Management
Michael F. Easley, Governor
CERTIFIED MAIL
RETURN RECEIPT REQUESTED
Mrs. Berit Peck
336 Shoreside Drive
Cape Carteret, NC 28584
Charles S. Jones, Director
NOTICE OF VIOLATION
June 8, 2005
RE.VIOLATIONS OF CAMA MAJOR DEVELOPMENT PERMIT NO.23.05
LAMA VIOLATION #05-21C
Dear Mrs. Peck:
This letter confirms that on May 25, 2005, 1 met onsite with your representative Jay
located near the terminus of Marina Drive, adjacent to Plantation Canal off the Trent
Bend, Craven County, North Carolina. The purpose of the visit was to monitor the pe
of a marina on the subject property.
G. Ross Jr., Secretary
at your property
located in River
I redevelopment
Information gathered by me for the NC Division of Coastal Management shows that you have violated the
terms. or conditions of State Permit No. 23-05 which was issued to you by the Coastal Resources
Commission and the North Carolina Department of Environment and Natural Resources. I hereby request
that you immediately CEASEAND DESIST such violations and comply with the terms and conditions of the
above permit.
On February 14, 2005 State Permit No. 23-05 was issued to you for the redevelopmel
marina within the Public Trust Area and Public Trust Shoreline on property located in (
Carolina, off Marina Drive. This permit was issued for a CAMA Major Develop
Environmental Concern, in accordance with North Carolina General Statutes (N.C.(
permit included the following terms and conditions:
1. This permit authorizes only the docks, piers, and other structures and uses I
water that are expressly and specifically set forth in the permit application,
whether floating or stationary, shall become a permanent part of this marina
modification. No non -water dependant uses of structures shall be conducted
Trust Waters without permit modification.
2. This permit authorizes only those upland development activities that are spe
the attached permit application and workplan drawings. Any proposed altera
upland development plans shall require additional authorization from the Divis
400 Commerce Avenue, Morehead City, North Carolina 28557
Phone: [phone] \ FAX: [phone] \ Internet: www.nccoastalman
and expansion of a
aven County, North
ent in an Area of
S.) 113A-118. This
sated in or over the
No other structure,
cility without permit
n. in. or over Public
ly referenced in
to the approved
An Equal Opportunity \ Affirmative Action Employer— 50% Recycled \ 10% Post Consumer

Berit Peck
Notice of Violation-05-21 C
Page 2
For the following reasons, you are in violation of the above terms and conditions of you
1. The referenced permit issued on 2114/05 requires that all development be don(
the workplat dated revised 3-25-04 which shows that the fuel dock is to original
at approximately 35' away from the Pier Pointe Phase 4 P.O.A. property line.
revealed that the fuel dock is less than 20' from the adjacent property.
2. It was also noted during the monitoring visit that an area approximately 2.1 as
disturbed. This amount of disturbance far exceeds the authorized disturbanc(
one acre.
If the terms and conditions of a permit are not complied with, the permit is null and
issuance. To comply with the terms and conditions of the permit issued to you, you
1. Agree to construct the marina in accordance with State Permit 23-05 or c
for and receive permit modification.
2. Contact the Division of Land Resources and the Division of: Water Quality
and Sediment Control Plan and Stormwater Permit as necessary.
permit:
in accordance with
from the bulkhead
Fhe monitoring visit
s in size has been
which is less than
from the date of its
all work and apply
modify the Erosion
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 I f 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.
A civil penalty of up to Twenty -Five Hundred Dollars ($2500) may be assessed, or an injunction or criminal
penalty may be sought against any person who violates a CAMA Major Development permit. It is the policy .
of the Coastal Resources Commission to assess a minimum civil penalty of $500 against all violations of
this type. This is done to recoup some of the costs of investigating violations and/ot to compensate the
public for any damage to its natural resources. Whether a higher amount will be assessed will depend on
several factors, including the nature and area of the resources that were affected and d the extent of the
damage to them. If restoration of the affected resources is requested but is not undertaken or completed
satisfactorily, a substantially higher civil penalty will be assessed and a court injunction will be sought
ordering restoration (N.C.G.S. 113A-126).
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 iri 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 ManagemIpnt, you will be

Berit Peck
Notice of Violation-05-21 C
Page 3
notified as to the amount of the civil assessment for failure to act in accordance with thterms, conditions,
or requirements of such permit.
Sincerely,
Stephen Lane
Coastal Management Representative
Cc: Ted Tyndall, Assistant Director, DCM
Tere Barrett, District Manager, DCM
Roy Brownlow, Compliance Coordinator, DCM
Raleigh Bland, USAGE, Washington
Randy Beeman, Town Manager, Town of River Bend
ENCLOSURE

0.1. INV
O.I. INV 30
RESTORATION PLAN
For
Berit Peck Property
Property located near the terminus of Marina Drive, Craver
fire
0.1. INV 10.26 Hydrant % .�
15V RCP I5 7 RC? : .
0.1. INV 9.5.'/
FROMIY ","I 105 5 v.. INC.
Be I2m. Fr, ae
0,7 Constructed fuel dock
�B Autho )zed fuel dock
Ee
•'y s =Disturbed Area
t
\Concrete 962 aq k
,�-w,o'Nt .ea�P =Authorized disturbance
•ti• \\ i 1 (�^ E 1ff
P..¢e, [. $FKEf 9.2a' IY>. � yt• Ijl
Property J \
Lne (rypmaq \ `. 11 9
2'9 RCP I
A� errtm'u,ao
I, Berit Peck, agree to construct the marina in accordance with State Permit 2305 or cease all work
and apply for and receive a permit modification I also agree to contact lthe Division of Land
Resources and the Division of Water Quality and modify the Erosion and Sediment Control Plan'
and Stormwater Permit as necessary.
I agree to complete this restoration to the satisfaction of the Division of Coastal Managenent by July
8, 2005 or provide an explanation for non-compliance and a reasonable request for time extension.
SIGNATURE:
B_ e
It is the policy of the Coastal Resources Commission to levy a minimum civil as:
against all violations of this type depending upon the damage to the resources. If
or satisfactorily completed, a substantially higher civil assessment will be levied
require restoration.
bent of $500 and higher
)ration is not undertaken
j an injunction sought to

RESTORATION PLAN
For
Berit Peck Property
Property located near the terminus of Marina Drive, Craven County
FlD
-u \ 0.1. 1W I0.20 Mydry
,a \ 15V
D.I. INV 10�2 15V P D.I. IqV 9.53 15V CPI
I.I. INv 10 \
`1
a wRro
IS'$RCP su-
\
IS RCPI
7
Constructed fuel dock
B
Authorized fuel dock
�•\
\ \ ` '
`
Unauthorized fill
Disturbed Area
ti
B
ui ^
i° \Car+eN9G2egR
'
/
r-"Iua° r•�^°
disturbance
IID
VA=Authorized
'`\ � .
/ /, •\
U/11Y14ari7tA PI
'1'
mel
'" ♦\
Unauthorized 6' x 24' dock
PW11E
•• \'1 Q\ nw ry
PpDPEpDp3 a2MC a
O W,,, a\
• °'�
• •
12-D,tlnG Py pa3 P.anuw Snau 9�Eo
Unauthorized gravel to within
lYp,
PrapyYY J `
30' of bulkhead
\
Lne Ryrycaq \ NV ,95 yl
r ) 1
r -an
Unauthorized gravel to within
23' of bulkhead
I, Berit Peck, agree to construct the marina in accordance with State Permit 23-05 or cease all work
and apply for and receive a permit modification. I also agree to remove the unauthorized fill in front
of the bulkhead and contact the Division of Land Resources and the Division of Water Quality and
modify the Erosion and Sediment Control Plan and Stormwater Permit or any required variances as
necessary.
I agree to complete this restoration to the satisfaction of the Division of Coastal Management by July
10, 2005 or provide an explanation for non-compliance and a reasonable request for time extension.
SIGNATURE:
i
DATE:
It is the policy of the Coastal Resources Commission to levy a minimum civil assessment of $500 and higher
against all violations of this type depending upon the damage to the resources. If restoration is not undertaken
or satisfactorily completed, a substantially higher civil assessment will be levied and an injunction sought to
require restoration.

Befit Peck
108 Outrigger Rd.
New Bern, NC 28562
Mr. Stephen Lane
c/o CAMA
Morehead City, NC 28557
Re: Rhi!rBernPAffarlrra
Dear Mr. Lane;
We will make sure that stone and gravel is a minimum of 50 feet away from the wate
Suitable buffer will be put in place on Pier Point 4 side according to buffer plan. We
received a variance from The town of -River Bend pertaining to a buffer no Pier Point .
Sod will be installed in the 50 Fr, area as well as shrubs, walkways etc.
The storm water runoff system is in place according to plans submitted. If gravel is
to the water, it will be pulled back according to the rules.
Our engineer, Mr. Bill Raybon submitted the plan with an error. The fuel dock was
to be put in 15 Fr. from the property line of Pier Point 4 as is the law in NC. In the
accidentally put down 35Fr. instead of 15 Fr. This was an error, not intentional.
We would like to keep the dock in place since the law is f S FP. in the mean time we
requested the property owners of Pier Point 4 to sign a waiver saying they have no ob
to the dock being where it is. If we have to move it to the 35FT. location it will be a
very expensive job.
Also we are requesting that you allow us to continue installing the docks and finger
on the opposite side since that has nothing to do with the fuel dock problem. We are
to do everything we can exactly how the various agencies want them done.
'Very truly yours,
Befit Peck, Owner
130/05-
3.
he

Berit Peck
108 Outrigger Rd
New Bern, NC 28562
Mr. Stephen Lane
CAMA
Morehead City, NC 28557
Dear Mr. Lane:
This is letter # 2 in regards to our request to modify a drawing that was done in error by t
I hired for this project. He submitted a drawing that did not show the parking area in it's
that
Two years ago after I purchased the marina property I met with the engineer and the following people
from NCDENR and the US Army Corps of Engineers. Raleigh W. Bland, PWS , Scott Jone , M. Ted
Tyndall, T'mcey L. Wheeler and another gentleman who was in charge of things pertaining o trees,
shrubs etc. I have forgotten his name.
All of the above people and later Mr. Bill Moore were shown and told that the hill of dirt and the trees
would have to be removed in order to have the proper amount of parking. I told them that IIe would
plant as many buffer trees and slnvbs as we could to compensate for the trees that were takep down.
I was told that that would be fine.
I don't know why Mr. Raybon, the engineer did not remember to show the parking lot in
that he submitted, but it was an error on his part.
This project has turned out to be much more expensive then I ever imagined, but we will
I know that the items fisted in various fetters from CAMA and NCDENR are the Iauft c
and mine for not noticing his errors, but I hope you will see fit to let us continue this prt
as possible because all these delays are costing me a tremendous amount of money. We
everything in our power to have everything right.
Very tral yours, /
Bent Peck,w r
drawing
thm it.
;engineer
as soon
do

08-May-06 NC DIVISION OF COASTAL MANAGEMENT ENFORCEMENT RECORD
CASE STATUS CASENUMBER LASTNAME
FIRST NAME BUSINESS NAME:
* 05-21C IPECK IBERIT
O CASE IS CLOSED ''
Previous Violations in Same
❑ NOV DATE CLOSURE DATE Elapsed Days AFFLILIATION SECTOR AEC for Similar Activities
6/8/2005 f_;,-,<y IPROPERTY OWNER COMMERCIAL
MAILING ADDRESS CITY STATE ZIP CODE PHONE NUMBER
336 SHORESIDE DR ICAPE CARTERE NC 28584- ��-
PROPERTY ADDRESS COMMUNITY WATERBODY NEAREST ROAD
RIVER BEND MARINA IRIVER BEND 1PLANTATION CANAL l
DISTRICT OFFICE COUNTY DCM REPRESENTATIVE LPO CONTACT
jMHCDO ICRXVEN .LANE l u
VIOLATION TYPE
FAFFECTED AEC(S)
❑ CW
❑ EW
© PTA
❑ ES
PTS
MAJOR PERMIT CONDITION VIOLATION
❑ OEA
❑ HHFA
❑ IHA
❑ PWS
❑ NCRA
NATURE OF VIOLATION AEC DESCRIPTION
Alen of terms & conditions of State Permit No. 23-05 by constructing a dock inconsistent with the submit
approved workplat and high ground disturbance in excess of one acre also not indicated on the workplat.
RESTORATIONSTATUS,
�11_
❑ RESTORATION NOT REQUIRED - CONTRACTOR
❑ RESTORATION NOT REQUIRED - PERMITTABLE DEVELOPMENT
RESTORATION NOT REQUIRED - FURTHER. IMPACTS
❑ RESTORATION PENDING
RESTORATION REQUEST DATE COMPLETION DATE
7/8/2005 1 4/13/2006
RESTORATION EXTENDED RESTORE DATE
❑ DEADLINE
EXTENDED
❑ REFERRED TO AG'S OFFICE - INJUNCTION
INJUNCTION REFER DATE: i
❑ REFERRED TO AG'S OFFICE - COLLECTION
COLLECTION REQUEST DATE: I
ASSESSMENT DATE PENALTY AMOUNT COLLECTION DATE AMOUNT COLLECTED
© PPENAENA PELTY ISSUED I STATUS
4/18/2006 $500
❑ PENALTY NOT ISSUED WILLFUL & INTENTIONAL PENALTY (MIN. OR DOUBLED)
CNOV ISSUED r�CNOV DATE
❑ CONRACTOR'S FIRST OFFENSE ❑ PENALTY APPEALED 1—APPEAL DATE
❑ FORMAL CPA ISSUED F_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 (SO. FT.)
AMOUNT OF RESTORED AREA (SQ. FT)
NOTES

06-Sep-06 NC DIVISION OF COASTAL MANAGEMENT ENFORCEMENT RECORD
CASE STATUS] CASE NUMBER LAST NAME
CASE IS OPEN FIRST NAME BUSINESS NAME:
05-2IC PECK BERIT
CASE IS CLOSED
Previous \11p18t1011S in Same
NOV DATE CLOSURE DATE Elapsed Days SECTOR AEC for Similar Activities
__ AFFLILIATION
r-- PROPERTY OWNER COMMERCIAL
MAILING ADDRESS
CITY STATE
ZIP CODE PHONE NUMBER
336 SHORESIDE DR
CAPE CARTERS NC
28584---
PROPERTY ADDRESS
COMMUNITY
WATERBODY NEAREST ROAD
RIVER BEND MARINA
RIVER BEND
1PLANTATION CANAL F ---
DISTRICT OFFICE COUNTY DCM REPRESENTATIVE LPO CONTACT
MHCDO fCRAVEN ILANE F_
VIOLATION TYPE AFFECTEDAEC(S) ❑ CW ❑EWC�i PTA ❑ ES ©PTS
MAJOR PERMIT CONDITION VIOLATION `l OEA ❑ HHFA ❑ IHA ❑ PINS ❑ NCRA
NATURE OF VIOLATION
AEC DESCRIPTION
aLIUFI U1 ieirns & conamons or State Permit No. 23-05 by constructing a dock inconsistent with the submitted
approved workplat and high ground disturbance in excess of one acre also not indicated on the workplat.
RESTORATION STATUS]
�(j RESTORATION REQUIRED
❑ RESTORATION NOT REQUIRED - CONTRACTOR
❑ RESTORATION NOT REQUIRED - PERMITTABLE DEVELOPMENT
❑ RESTORATION NOT REQUIRED- FURTHER IMPACTS
❑ RESTORATION PENDING
r---- ASSESSMENT DATE
] PENALTY STATUS
© PENALTY ISSUED 4/18/2006
RESTORATION REQUEST DATE COMPLETION DATE
1 7/8/2005 F 4113/ 0006
❑ RESTORATION EXTENDED RESTORE DATE
DEADLINE
EXTENDED
❑ .4
INJUNCTION REFER DATE: F
❑ '< _;'::, OFFICE - COLL3
COLLECTION REQUEST DATE: F --
PENALTY AMOUNT COLLECTION DATE AMOUNT COLLECTED
$500 r 8/1 00006 F s500
El PENALTY NOT ISSUED [I WILLFUL $ INTENTIONAL PENALTY (MIN. OR DOUBLED)
❑ CNOV ISSUED I� CNOV DATE
❑ r-
CONRACTOR'S FIRST OFFENSE ❑ PENALTY APPEALED I —APPEAL DATE
❑ FORMAL CPA ISSUED r - - - FORMAL CPA DATE r
❑ SETTLED. AGREED UPON, STIPULATED PENALTY 1 SETTLEMENT DATE
❑ UNCOLLECTIBLE PENALTY I UNCOLLECTIBLE DETERMINATION DATE
Violations Involving Adversely Impacted Resources
AMOUNT OF ADVERSELY DISTURBED AREA (SQ. FT.)
AMOUNT OF RESTORED AREA (SQ. FT) F —
NOTES