05-33D Baysden

19-May-05 NC DIVISION OF COASTAL MANAGEMENT ENFORCEMENT RECORD
CASE STATUS' CASE NUMBER LAST NAME
FIRST NAME BUSINESS NAME:
• CASE IS OPEN 05-33D BAYSDEN DANNY
CASE IS CLOSED 11
AFFLILIATION SECTOR
NOV DATE CLOSURE DATE IP-R-O-PERT�Y OWNE— IV PRATE ❑ Previous Violations in Same AEC
for Similar Activities
5/9/2005
MAILING ADDRESS
CITY STATE
ZIP CODE PHONE NUMBER
4050 RICHLANDS HIGHWAY
JACKSONVILLE NC
28540-
PROPERTY ADDRESS
COMMUNITY
WATERBODY NEAREST ROAD
123 KINGS HARBOR RD
HOLLY RIDGE
GOOSE CREEK
HARIDSON RD
DISTRICT OFFICE COUNTY DCM REPRESENTATIVE LPO CONTACT
WIRO ONSLOW IGILES �r
VIOLATION TYPE !r AFFECTED AEC(S) n CW [] EW ❑d PTA ❑ ES El PTS
MAJOR PERMIT CONDITION VIOLATION ❑ OEA ❑ HHFA ❑ IHA ❑ PWS ❑ NCRA
NATURE OF VIOLATION AEC DESCRIPTION
Violation of the terms and/or conditions of State Permit No. 40429-D by constructing the pier and T-head platform
inconsistent with the submitted work plan drawings and permit sketch and the unauthorized construction of a floating
dock and boat lift.
r I. RESTORATRESTORATION REQUEST DATE COMPLETION DATE
RESTORATION NOT REQUIRED - CONTRACTOR
RESTORATION NOT REQUIRED - PERMIT-FABLE
EXTENDED RESTORE DATEABLE DEVELOPMENT ❑ DEADLINE
RESTORATION NOT REQUIRED - FURTHER IMPACTS EXTENDED
J RESTORATION PENDING ❑ REFERRED TO AG'S OFFICE - COLLECTION
REFERRED TO AG'S OFFICE - INJUNCTION
ASSESSMENT DATE PENALTY AMOUNT COLLECTION DATE AMOUNT COLLECTED
PENALTY STATUS --- I
PENALTY ISSUED
7i 'V PENALTY NOT ISSUED WILLFUL INTENTIONAL PENALTY (MIN. OR DOUBLED) ❑ CNOV ISSUED
J CONRACTOR'S FIRST OFFENSE .SETTLED, AGREED UPON, OR STIPULATED PENALTY-� PENALTY APPEALED
UNCOLLECTIBLE PENALTY
LJ FORMAL CPA ISSUED
Violations Involving Adversely Impacted Resources
AMOUNT OF ADVERSELY DISTURBED AREA (SO. FT.)
AMOUNT OF RESTORED AREA (SO. FT) r—
NOTES
see case no. 05-32D A & T Marine Construction ( Tony Morris) - contractor for Baysden.

AMAr
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
June 7, 2005A
Mr. Danny Baysden _
4050 Richlands Highway
Jacksonville, North Carolina 28540 Moreheau c,l,y
RE: Closure Letter
Payment of Proposed Penalty for Violations of the
Coastal Area Management Act, Committed in Onslow County
CAMA Violation N 05-33D
Dear Mr. Baysden:
This letter will acknowledge receipt of your Check #8005, in the amount of $200.00, dated
May 31, 2005. Once the amount of the check is credited to the Department of Environment
and Natural Resources' account, this matter will be fully and completely closed.
If you have any further questions concerning this matter, please contact me at my Wilmington
office, [phone].
Gregson
JHG/bar
cc: Ted Tyndall, Assistant Director
Roy Brownlow, Compliance Coordinator
WIRO File Copy
127 Cardinal Drive Ext., Wilmington, North Carolina 28405-3845
Phone: [phone] \ FAX: [phone] \ Internet: www nccoastalmanagement.net
An Equal opportunity \ Affirmative Action Employer — 50% Recycled \ 10% Post Consumer Paper

Danny Baysden
May 25, 2005
Page 3 of 3
CAMA VIOLATION #0533D
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 $200.00 against me for violation of the Coastal Area
Management Act, NCGS 113A-100 et sec, committed on or near my property 123 Kings Harbor Road, adjacent
to Goose/Kings Creek located near Holly Ridge, in Onslow County, North Carolina. In order to resolve this
matterwith no further action or expense on my part, I accept responsibility for the violation as described in the
Notice of Violation letter dated May 9, 2005, and agree to pay the proposed civil assessment of $200.00.
DATE
RECEIVED
DCNI WILMINGTON, NC
JUN 0 1 2005
SIGNATURE
DDRESSi,,
/7.
TELEPHONE NUMBER
127 Cardinal Drive Ext., Wilmington, North Carolina 28405-3845
Phone: [phone] FAX: [phone] Internet: www.nccoastaimanagement.net
Are Equal Opportunity 1 Affirmative Action Employer— 50% Recycled 110% Post Consumer Paper

FORM 1
iDCM ENFORCEMENT TRACKING REPORT
Field Re.Jo-N 1/✓• �TZLbS Issuer 3
nP M Violation Base No. ©.s 3
LPO_C— ❑ A B C D
LP) Q Q6 w-J i o H w y Violated Permit No. en? cyM
Q,DWkot*
Violation Description Was activity permittable? es No
Initial Discovery Data .S V - of DiscoveryMethod �11 i r yj y-r %2 A a R 237. `e �,y i
Violation Description CoNti 1 Z �,c o c Pi F (L �� �T wd iy N.]T V-1 �sl�
l��{ A bdz v Gg R' Y l lam' F t a+• � j ', o v .r 12 v I Zt�, T � G
Prior Violations in same AEC: Yes / No Case Number
Respondent Names) _t�s14 I�+a sfti E-2 .......— —_ .._._._.._....
Address L1050 HLAJ>ti 0wy
c1 3 8cI `i
Phone,a t� .- - .p LIB Fax
Email
City �nGY-S.�N Vi LL.b State OL Zip Z11S4J
Violation Type: Project Type:
Authorizations Required:
SiteVBiu Respondent
Site Visits Respondent
No Permit PrivatelCommunity
El Major T61 CADM
Present
Present
Permit Condition ❑ Grvt.IPublic
Minor ❑ D&F
El Minor
3-II-�S
❑
❑ Expired Permit ❑ Commercial
General
�� -� 5 ❑
❑
❑ Inconsistent vr! Rules
❑
❑
Violation Location and Site Description
� �.5�`�
18 R
Pro' •t Lo ad C 01%) :,L ,✓
Rover Fila
jai c uan. cunr;_
Street Address' State Road-' Lot
I2,-2, KiNf", a -A -
Subdivision_ t—I.rIS 444(ZAJ,Z
City Awi 4 L b&[r ZIP Z3`A Lk
Phone --C; "�`i43 River Easin 94 Pb FG-afL
Adj. VAr. Body C nqy e- l IL.-ct't.-S Gr iG. f1g vLJiiknl
Closest Maj. Vim Body P i vy Y✓
Restoration
NOV Date
CNOV Date
Penalty Assessment
Shoraline Lergh Z-0�t
SAN: Blot Surma
Yr
No
Sandbag:: Net Sure
Yes
Q
PNA:
(�
No A4tnt
QF .':
Y�
® A.dixem
Cris Hab.
Yt:
No
Phccos
._0
w
%V&ier P.e ulrr:d
In DWQ Buller Area
Ye:
No
Initial Req. Comp. Date f LL Oy
Date Comp. Observed .4/Z i
Sent to Respondent Date
Rcvd. by Dist. Mgr. Date
Assessment Extended Yes No
App.lPermit Fee,
Penalty
Continuing
Other
Extension Granted Yes No
Restoration Letter
Acceptance Date
710409 Ref. I
Recomm. Assess.
DCM Assess.
3 1 / Vo
s
Cf ( Hl
s }/-7-)
s
$
S
Total
712P
Page 12 of 29

w
7
NCDENR
North Carolina Department of Environment and Natural Resources
Division of Coastal Management
Michael F. Easley, Governor I Charles S. Jones, Director William G. Ross Jr., Secretary
May 25, 2005
CERTIFIED MAIL # 7005 0390 0061 3200 2549
RETURN RECEIPT REQUESTED
Danny Baysden
4050 Richlands Highway
Jacksonville, North Carolina 28540
RE: CAMA VIOLATION #05-33D
Dear Mr. Baysden:
This letter is in reference to the Notice of Violation dated May 9, 2005 that Jon Giles, representative for the
Division of Coastal Management, issued to you for violating the terms orconditions of State Permit No. 40429-
D at 123 Kings Harbor Road, adjacent to Goose/Kings Creek located near Holly Ridge, Onslow County. The
violation involved Estuarine Waters and Public Trust, which are areas of Environmental Concern designated by
the Coastal Resources Commission. Based upon the site visit conducted on May 4, 2005 by Jon Giles, 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 $200.00 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 orderto 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 $200.00 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.
127 Cardinal Drive Ext., Wilmington, North Carolina 28405-3845
Phone: [phone] FAX: [phone] Internet: www.nccoastalmanagement.net
An Equal Opportunity 1 Affirmative Action Employer— 50% Recycled 110% Post Consumer Paper

Danny Baysden
May 25, 2005
Page 2 of 3
Thank you for your time and cooperation in resolving this important matter. If you have any questions, please
do not hesitate to contact me at [phone].
Sincerely,
Jim r gson, District onager
Division of Coastal Management
Enclosure
cc: Ted Tyndall, Assistant Director, DCM
Roy Brownlow, Compliance Coordinator, DCM
Jon Giles, Coastal Management Representative, DCM
Noelle Lutheran, Surface Water Protection
MAY 3 1 2005
Morehead City DCM
127 Cardinal Drive Ext., Wilmington, North Carolina 28405-3845
Phone: [phone] \ FAX: [phone] \ Internet: www.nccoastaimanagement.net
An Equal Opportunity \ Affirmative Action Employer— 50% Recycled \ 10% Post Consumer Paper

Danny Baysden
May 25, 2005
Page 3 of 3
CAMA VIOLATION #05-331)
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 $200.00 against me for violation of the Coastal Area
Management Act, NCGS 113A-100 et seg, committed on or nearmy property 123 Kings Harbor Road, adjacent
to Goose/Kings Creek located near Holly Ridge, in Onslow 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 9, 2005, and agree to pay the proposed civil assessment of $200.00.
DATE
SIGNATURE
ADDRESS
TELEPHONE NUMBER
127 Cardinal Drive Ext., Wilmington, North Carolina 28405-3845
Phone: [phone] FAX: [phone] Internet: www.nccoastaimanagement.net
An Equal Opportunity 1 Affirmative Action Employer— 50% Recycled 110% Post Consumer Paper

w 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 9, 2005
CERTIFIED MAIL 7004 2890 0002 3425 2941
RETURN RECEIPT REQUESTED
Danny Baysden
4050 Richlands Highway
Jacksonville, N.C. 28540
RE: VIOLATION(S) OF CAMA MAJOR DEVELOPMENT PERMIT NO.40429-D
CAMA VIOLATION#05-33D
Dear Mr. Baysden:
This letter confirms that on May 4, 2005, 1 was onsite at your property located at 123 Kings Harbor Rd adjacent to
Goose I Kings Creek located in or near Holly Ridge, off Hardison Road, Onslow County, North Carolina. The
purpose of the visit was to monitor the permitted development of a 4' x 88' pier with a 20' x 20' T-head within
Goose I Kings Creek. On March 11, 2005 1 met with Tony Morris, A & T Marine Construction and Scott Nelson to
issue a permit to construct the aforementioned pier.
Information gathered by me for the NC Division of Coastal Management shows that you have violated the terms or
conditions of State Permit No. 40429-D 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
CEASE AND DESIST such violation(s) and comply with the terms and conditions of the above permit.
On March 11, 2005, State Permit No. 40429-D was issued to Danny Baysden for a 4' x 88' pier with a 20' x 20' T-
head within Goose I Kings Creek and the Estuarine Waters and Public Trust Areas of Environmental Concern
(AEC) on property located in Onslow County, North Carolina, off Kings Harbor Road. This permit was issued for a
CAMA Major Development in an Area of Environmental Concern, in accordance with North Carolina General
Statutes (N.C.G.S.) 113A-118. This permit included the following terms and conditions(s):
1. Permit was issued for the construction of a 4' x 88' pier with a 20' x 20' T-head.
For the following reasons, you are in violation of the above terms and conditions(s) of your permit:
1. The dock that was constructed inconsistent with the submitted work plan drawings,and, inconsistent with
the permit sketch. A 4' x 88' pier with a 20' x 20' T-head was permitted and during my onsite visit a 16' x
16' T-head, a 8' x 16' floating dock and a 12' x 12' boat lift had been constructed. •
If the terms and conditions of a permit are not complied with, the permit becomes null and void from the date of its
issuance.
127 Cardinal Drive Ext., Wilmington, North Carolina 28405-3845
Phone: [phone] \ FAX: [phone] \ Internet: www.nccoastaimanagement.net
An Equal Opportunity \ Affrmative Action Employer— 50% Recycled \ 10% Post Consumer Paper

Da1ny Baysden
Nhy 9, 2005
Page 2of2
Acivil penalty of up to Twenty -Five Hundred Dollars ($2500.00) 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 $250 against all violations. This is done to
ledoup 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 will depend on several factors, including the nature and
ama of the resources that were affected and 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).
Based upon review of the Coastal Area Management Act, Coastal Resource Commission's rules, and the local
jurisdiction's Land Use Plan, the activity you have undertaken appears consistent with the guidelines for Areas of
Environmental Concern. Therefore, restoration of the impacted area is not requested at this time. You must
provide us proof that you have given your adjacent riparian property owner(s) notice of this unauthorized
development and provided them the opportunity to comment to the Division of Coastal Management.
You must provide confirmation that a written statement has been obtained, signed by the adjacent riparian
property owners, indicating that they have no objection to the completed work; or you must provide confirmation
that the adjacent riparian property owners have been notified by certified mail of the completed work. This notice
shall instruct adjacent property owners to provide any comments on the completed development in writing to this
Division within ten (10) days of receipt of the notice and shall indicate that no response from them will be
interpreted as not having any objection.
Thank you for your time and cooperation in resolving this important matter. If you have any questions about this
or related matters, please call me at [phone]. Upon my submission of an enforcement report to the District
Manager, you will be notified as to the amount of the civil assessment for failure to act in accordance with the
terms, conditions, or requirements of such permit.
The relevant statutes and regulations are available from this office, and I am willing to assist you in complying with
the requirements of these laws. A site inspection will be made in the near future to determine whether this
REQUEST TO CEASE AND DESIST has been complied with. I request that you contact me immediately about
these important matters.
Sincerely,
Q� � 41L�
Jon W. Giles Jr.
Coastal Management Representative
Cc: Ted Tyndall, Assistant Director, DCM
Jim Gregson, District Manager, DCM
Roy Brownlow, Compliance Coordinator, DCM
Andrea Frazier, Onslow County LPO
127 Cardinal Drive Ext., Wilmington, North Carolina 28405-3845
Phone: [phone] \ FAX: [phone] \ Internet: www.nccoastalmanagement.net
An Equal Opportunity \ Affirmative Action Employer- 50% Recycled \ 10% Post Consumer Paper