05-51D Avent

20-Sep-05 NC DIVISION OF COASTAL MANAGEMENT ENFORCEMENT RECORD
ICASE TS ATUSI
' CASE NUMBER LAST NAME FIRST NAME BUSINESS NAME:
• l�lIIIII!18OPEN 1I 05-510 JAVENT THAD
CASE IS CLOSED J
Previous Violations in Same AEC
NOV DATE CLOSURE DATE Elapsed Days AFFLILIATION SECTOR ❑ for Similar Activities
9/13/2005 1 I— PROPERTY OWNE PRIVATE
MAILING ADDRESS CITY STATE ZIP CODE PHONE NUMBER
215 EAST MAIN ST �— CLAYTON NC 27520- f—
PROPERTY ADDRESS COMMUNITY WATERBODY NEAREST ROAD
698 ARJEAN DR I IWILMINGTON PAGES CREEK EDGEWATERD
DISTRICTOFFICE COUNTY DCM REPRESENTATIVE LPO CONTACT
FRO INEW HANOVER MAIDS
VIOLATION TYPE AFFECTED AEC(S) CW _ EW ❑ PTA V ES PT S
MAJOR CAMA OEA ❑ HHFA ❑ IHA ❑ PWS NCRA '
NATURE OF VIOLATION AEC DESCRIPTION
Unauthorized major development by installing a concrete culvert pipe and approximately 810 sq.ft. of earthen fill within
the ES AEC adjacent to Page's Creek.
RESTORATION NOT REQUIRED - CONTRACTOR
d' RESTORATION NOT REQUIRED - PERMITTABLE DEVELOPMENT
RESTORATION NOT REQUIRED - FURTHER IMPACTS
RESTORATION PENDING
RESTORATION REQUEST DATE COMPLETION DATE
I RESTORATION EXTENDED RESTORE DATE
DEADLINE {—
EXTENDED 1
REFERRED TO AG'S OFFICE - COLLECTION
REFERRED TO AG'S OFFICE - INJUNCTION
ASSESSMENT DATE PENALTY AMOUNT COLLECTION DATE AMOUNT COLLECTED
ALTY STATUS --
❑ PENALTY ISSUED
❑ PENALTY NOT ISSUED ! WILLFUL INTENTIONAL PENALTY (MIN. OR DOUBLED)❑i CNOV ISSUED
❑ CONRACTOR'S FIRST OFFENSE SETTLED, AGREED UPON, OR STIPULATED PENALTY ❑PENALTY APPEALED
---- UNCOLLECTIBLE PENALTY -] FORMAL CPA ISSUED
Violations Involving Adversely Impacted Resources
AMOUNT OF ADVERSELY DISTURBED AREA (SQ. FT.)
AMOUNT OF RESTORED AREA (SQ. FT) I
NOTES

A
NCDENR
North Carolina Department of Environment and Natural Resources
Division of Coastal Management
Michael F. Easley, Governor
Mr. Thad Avent
215 East Main Street
Clayton, NC 27520
Charles S. Jones, Director
November 18, 2005
William G. Ross Jr., Secretary
NOV 2007
RE: Payment of Proposed Penalty for Violations of the Coastal Area Management Act;CIW
New Hanover County
CAMA Violation #05-51 D
Dear Mr. Avent:
This letter will acknowledge receipt of your Check # 1013, in the amount' of $200, dated
November 15, 2005. Once the amount of the check is credited to th Department of
Environment and Natural Resources' account, this matter will be fully and completely closed.
Due to an error on our part, I am returning your check for $50.00
If you have any further questions concerning this matter, please contact me at my Wilmington
office, 796.7291.
Since
Robb Mairs
Field Representative
cc: Ted Tyndall, Assistant Director
Roy Brownlow, Compliance Coordinator
Robb Mairs, Coastal Management Rep.
Ann Hines, LPO
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

Avent
November 8, 2005
Page 3 of 3
CAMA VIOLATION #05-37 D
AGREEMENT TO PAY PROPOSED CIVIL ASSESSMENT
I understand that the staff of the Department of Environment and Natural Resources will propose the
assessment of a civil penalty in the amount of $200 against me for violation of the Coastal Area Management
Act, NCGS 113A-100 et seMc , committed on or near my property 698 Arjean Dr. (Lots 13, 14 and 15) in. New
Hanover County, North Carolina. In order to resolve this matter with no further action or expense on my part, I
accept responsibility for the violation as described in the Notice of Violation letter dated September 13, 2005,
and agree to pay the proposed civil assessment of $200.
llllsh.�
DATE
RECEIVED
DCN1 WILNIINGTGN. NC
NOV 17 2005
SIGNATURE
2,15 6- "rd-/-,n&tT
ADDRESS
CLA7-In N
�tti� S3'i-3Y��
TELEPHONE NUMBER
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

8 Srcu r i I, enhan— d dovu mrml. See pack far da teilr.8
SEAHAWK DEVELOPMENT LLC 1013
P. 0. BOX 4759
WILMINGTON, NC 284W 56-1121531
., -.. 02501
DATE
TO THE
PAY 1 'i % E1 " 2
ORDER OF is 2UJ
'..:I7 /r:�rj 17F`O7 Q7 L(.NrJ/ e.1d DOLLARS e d
- t BBU - BUSINESS VALUE CHECKING BRANCH BANKING BANKING AND MUST COMPANY
WILMINGTON, NORTH CAROLI/NSA
FOR Cf1 ^r Jlo., n ��' /" U ✓ ii��� (�(/l//1 E' J -- \\��l �� --- ��/ -----------
Its
�yl�y:u■❑❑1❑i3u• I:053i0i1211:529L08i9931I'

FORM 1
PCM ENFORCEMENT TRACKING REPORT
Field Rep. I�o� / !G/YS Issuer 05 _� �
� Violation Base No.
LPO I7 A B C.
LPj Violated Permit No.
(i tppk,GN)
Violation Description
Initial Discovery Data eJi5 OS Discovery Method
Violation Description
7L/S,- G /
in same AEC: Yes
Respondent Names)
,�uJeba ✓ 12' /'L'9/f'l fir . City
Phone _��%/��S53.3�ciri Fax.-
Email
Violation Type:
E No Permit
❑ Permit Conditicn
❑ Expired Permit
❑ Inconsistentw/Rules
Was activity permittable
/-4
I0�
C414V 7e h State ye Zip ...�7SZ��
4,cr ) .ss3.
Project Type:
Authorizations Required:
Site Visits Respondent
Site Visits Respondent
ED'PrivatelCommunity
❑ Major' [ICAMA
Present
Present
ElGovtipublic
❑� [ErD&F
53 2G O ❑
❑
El Commercial
'Minor.
C'J General
�/ /-?a5 ❑
❑
❑
❑
Violation Location and Site Description
Rover File
Project Location: Counry B/c>a,i J/l� i
Shoreline Lergh
Sir t Address! State Road' Lot r (s) \ > J r j--14 7 Zrl SW: Not �,e
Sandhog;: Not Sure Yc--. �y
Subdivision
• Ae <e tzyv1,
PNA:
Y�
(59, Adgacent
City , V1' h
/7 ZIP .? �///
OR„ 10
'(_-,
dlJ '' Adjacent
Phone
River Basin l''c»� Fc>cr
Cric. Hab.
Phao;
Ys
No
>
�
No
Adj. Vdtr.&]dy
� eer/� ',�!� lunknl
Waiver
YM
d52
ClOsest Mai. VAr. Body
._�%��
.C
In DWO Butler Area
Yr
Restoration
NOV Date Req. Comp. Date Extension Granted Yes No
CNOV Date Date Comp. Observed c�11345 Restoration Letter >/ �/�
Ameptance Date
Penalty Assessment
Sent to Respondent Date AppJPermit Fee.
Rcvd. by Dist. Mgr. Date - /� 1$ Penalty
Assessment Extended Y,, Willtulilntent.
Continuing
71.0409 Ref.
Recomm. Assess.
DCM Assess.
13 aG
S
S /GO
$ /00
I
s
$
S
S
$
S
Total
r$ ZOO
2-60
Page 12 of 29

FORM 1,
Continued
Formal Assessments, Appeals and Reductions
Date Long Form Submitted
Date Formal CPA Submitted
Final Assessment 3
Assessment Appealed Yes No
❑ Penalty madfied
Attorney General's Office for Injunction or Formal Collection .
Date sent to AG ❑ Respondent not responsive to penaltylNov ❑ Injuncdan to complete restoration
Date Collection Let. Sent Date Demand Let. Sent
Violation Activities and Impacts
AECs Atteaed: Wetlands Impactedl Yes / No It yes, which types:
CW EW FTA FS
CEO HHF IH SA DS Cl SY )R LS T'{
PINS;. FC; =.. F;',, SS SC SP 403-
Other:
Restoration Required by the Respondent Yest P No.
Development Acdvities
Dim ensbnsmexcess �
of permit/ unauthorized acnvtties
s
a
Ditrwrsieru [o restore
Final dimensions
allowed
I A.caally restored
Habitat Desaipdon
Closing
Payment Received S n to Date Casa Closed
Page 13 of 29

LSBCB
A7!za —TB Qi 1tB
TB
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
November 8, 2005
CERTIFIED MAIL 7005 0390 0001 3200 3065
RETURN RECEIPT REQUESTED
Thad Avent
215 East Main St.
Clayton, N.C.27520
RE: CAMA VIOLATION #05-51 D
Dear Mr. Avert:
This letter is in reference to the Notice of Violation dated September 13, 2005 that Robb Mairs, Field
Representative for the N.C. Division of Coastal Management, issued to you for land disturbing activities at 698
Arjean Dr. (Lots 13,14 and 15), adjacent to Pages Creek in New Hanover County. The violation involved the
Coastal Shoreline, which is an area of Environmental Concern designated by the Coastal Resources
Commission. Based upon the stabilization of the disturbed area and with formal notification to the adjacent
riparian property owners, received in our office on September 13, 2005, 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. �� o
Under the rules of the Coastal Resource C slon, a proposed civil penaltyassess-mentlEafo
emoof $200 is
appropriate for this violation ou peditiously resolve this matter prior to the vtl
penalty by accepting res for the violation and paying the amount proposed above. In order to do this,
you must: (1 ' 'attached copies of an "Agreement to Pay Civil Assessment;" (2) attach a check or
money orde f r $5 ade ayable to the North Carolina Department of Environment and Natural Resources
(NCDENR); an , the signed agreement and payment to this office in the enclosed, self-addressed
envelope within ten (10) days of your receipt of this letter. Upon deposit of your check in the Department's
account, you will receive a Notice of Compliance officially closing this enforcement action.
127 Cardinal Drive Ext., Wilmington, North Carolina 28405-3845
Phone: [phone] \ FAX: [phone] \ Internet: www.nccoastalmanagement.net
An Equal Opportunity \ Affirmative Action Employer - 50% Recycled \ 10% Post Consumer Paper

Avent
November 8, 2005
Page 2 of 3
If you do not send a signed agreement and payment to this office within ten (10) days, the Director of the
Division of Coastal Management will formally assess a civil penalty against you. You will then have the
opportunity to request a hearing on the penalty or request remission of the penalty.
Thank you for your time and cooperation in resolving this important matter. If you have any questions, please
do not hesitate to contact me at [phone].
Si cerely,
�w
Ji egson, Di trict Manager
Div ' n of Coastal Management
Enclosure
cc: Roy Brownlow, Compliance Coordinator, DCM
Robb Mairs, Coastal Management Representative, DCM
Ann Hines, Local Permit Officer, NHC
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

e
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
September 13, 2005 n1
Iv > P
CERTIFIED MAIL 7004 2890 0002 3417 6926 . A -SB (LRB
RETURN RECEIPT REQUESTED
MTT
Thad Avent
215 East Main St.
Clayton, N.C.27520
RE: NOTICE OF VIOLATION AND REQUEST TO CEASE UNAUTHORIZED DEVELOPMENT
CAMA VIOLATION #05-51 D
Dear Mr. Avent:
This letter confirms that on August 26, 2005, 1 was onsite at your property located at 698 Arjean Dr. (Lots
13, 14 and 15) adjacent to Pages Creek located in Wilmington, off Edgewater Dr., New Hanover County,
North Carolina. The purpose of the visit was to investigate unauthorized development involving the
replacement of a 24' in length by 2' in diameter culvert with a 24' in length by 8' in diameter culvert within the
same footprint, and placement of approximately 810 sq. ft. of fill associated with the installation of the new
culvert, adjacent to coastal wetlands. This letter also follows are previous conversations pertaining to this
violation week of August 26, 2005.
Information gathered by me for the Division of Coastal Management indicates that you have undertaken
major development in violation of the Coastal Area Management Act (CAMA). No person may undertake
Major Development in a designated Area of Environmental Concern (AEC) without first obtaining a permit
from the North Carolina Department of Environment and Natural Resources. This requirement is imposed
by North Carolina General Statute (N.C.G.S.) 11 3A-1 18.
I have information that indicates you have undertaken or are legally responsible for the installation of the
24' in length by 8' diameter culvert with associated 810 sq. ft. of fill on the aforementioned property. This
activity took place in the Coastal Shoreline that is contiguous with Pages Creek. Coastal Shoreline areas
are designated as Areas of Environmental Concern (AEC). No permit was issued to you for work in this
area. Based on these findings, I am initiating an enforcement action by issuing this Notice of Violation for
violation of the Coastal Area Management Act.
I request that you immediately CEASE AND DESIST any further unauthorized activities within designated
Areas of Environmental Concern. A civil assessment of up to $2,500 may be assessed against any violator.
Each day that the development described in this notice is continued or repeated may constitute a separate
violation that is subject to an additional assessment of up to $2,500. An injuncfion or criminal penalty may
also be sought to enforce any violation (N.C.G.S.113A-126).
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

Thad Avent
September 13, 2005
Page 2 of 3
It is the policy of the Coastal Resources Commission to levy a minimum civil assessment of $200 not to
exceed $2,500 against all violations. This is done to recoup some of the costs of investigating violations
and/or to compensate the public for any damage to its natural resources. Whether a higher amount will be
assessed depends on several factors, including the nature and area of the resources that were affected
and the extent of the damage to them.
Based upon 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. However, please be advised that upon request, you must be able to 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.
Should you be requested to provide this documentaboh, 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 a civil assessment for undertaking
development without first obtaining the proper permit(s).
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.
Sin I ,
i
Robb Mairs
Coastal Management Representative
Cc: Ted Tyndall, Assistant Director, DCM
Jim Gregson, District Manager, DCM
Roy Brownlow, Compliance Coordinator, DCM
Ann Hines, LPO
ENCLOSURE
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

Thad Avent
! September 8, 2005
Page 3 of 3
RESTORATION PLAN
For
Avant Property
CAMA Violation No. 05.51 D
Property located at 698 Mean Dr. (Lots 13. 14and l M NPW Hnnnvar r.minf„
SIGNATURE:
DATE:
It is the policy of the Coastal Resources Commission to levy a minimum civil assessment $200 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.
127 Cardinal Drive Ext., Wilmington,, North Carolina 28405-3845
Phone: [phone] FAX: [phone] Internet: www.nccoastalmanagement.net
An Equal Opportunity 1Affirmative Action Employer— 50% Recycled 110% Post Consumer Paper

NCDENR
North Carolina Department of Environment and Natural Resources
Division of Coastal Management
Michael F. Easley, Governor Charles S. Jones, Director William G. Ross Jr., Secretary
NOTICE OF VIOLATION
September 13, 2005
CERTIFIED MAIL 7004 2890 0002 3417 6926
RETURN RECEIPT REQUESTED
Thad Avent
215 East Main St.
Clayton, N.C. 27520
RE: NOTICE OF VIOLATION AND REQUEST TO CEASE UNAUTHORIZED DEVELOPMENT
CAMA VIOLATION #05-51 D
Dear Mr. Avent:
This letter confirms that on August 26, 2005, 1 was onsite at your property located at 698 Arjean Dr. (Lots
13, 14 and 15) adjacent to Pages Creek located in Wilmington, off Edgewater Dr., New Hanover County,
North Carolina. The purpose of the visit was to investigate unauthorized development involving the
replacement of a 24' in length by 2' in diameter culvert with a 24' in length by 8' in diameter culvert within the
same footprint, and placement of approximately 810 sq. ft. of fill associated with the installation of the new
culvert, adjacent to coastal wetlands. This letter also follows are previous conversations pertaining to this
violation week of August 26, 2005 .
Information gathered by me for the Division of Coastal Management indicates that you have undertaken
major development in violation of the Coastal Area Management Act (CAMA). No person may undertake
Major Development in a designated Area of Environmental Concern (AEC) without first obtaining a permit
from the North Carolina Department of Environment and Natural Resources. This requirement is imposed
by North Carolina General Statute (N.C.G.S.) 113A-118.
I have information that indicates you have undertaken or are legally responsible for the installation of the
24' in length by 8' diameter culvert with associated 810 sq. ft. of fill on the aforementioned property. This
activity took place in the Coastal Shoreline that is contiguous with Pages Creek. Coastal Shoreline areas
are designated as Areas of Environmental Concern (AEC). No permit was issued to you for work in this
area. Based on these findings, I am initiating an enforcement action by issuing this Notice of Violation for
violation of the Coastal Area Management Act.
I request that you immediately CEASE AND DESIST any further unauthorized activities within designated
Areas of Environmental Concern. A civil assessment of up to $2,500 may be assessed against any violator.
Each day that the development described in this notice is continued or repeated may constitute a separate
violation that is subject to an additional assessment of up to $2,500. An injunction or criminal penalty may
also be sought to enforce any violation (N.C.G.S. 113A-126).
127 Cardinal Drive Ext., Wilmington, North Carolina 28405-3845
Phone: [phone] FAX: [phone] Internet: www.nccoastalmanagement.net
An Equal Opportunity1 Affirmative Action Employer— 50% Recycled 110% Post Consumer Paper

Thad Avent
September 13, 2005
Page 2 of 3
It is the policy of the Coastal Resources Commission to levy a minimum civil assessment of $200 not to
exceed $2,500 against all violations. This is done to recoup some of the costs of investigating violations
and/or to compensate the public for any damage to its natural resources. Whether a higher amount will be
assessed depends on several factors, including the nature and area of the resources that were affected
and the extent of the damage to them.
Based upon 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. However, please be advised that upon request, you must be able to 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.
Should you be requested to provide this documentation, 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 a civil assessment for undertaking
development without first obtaining the proper permit(s).
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. -
7
Ab
rs
Coastal Management Representative
Cc: Ted Tyndall, Assistant Director, DCM
Jim Gregson, District Manager, DCM
Roy Brownlow, Compliance Coordinator, DCM
Ann Hines, LPO
ENCLOSURE
127 Cardinal Drive Ext., Wilmington, North Carolil
Phone: [phone] FAX: [phone] Internet: www
An Equal Opportunity 1 Affirmative Action Employer— 50% Recycled 11

Thad Avent
September 8, 2005
Page 3 of 3
RESTORATION PLAN
For
Avert Property
CAMA Violation No. 05.51 D
Property located at 698 Ariean Dr. (Lots 13. 14 and 1 M Now Hannvcr r i in+„
SIGNATURE:
DATE:
It is the policy of the Coastal Resources Commission to levy a minimum civil assessment $200 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.
127 Cardinal Drive Ext., Wilmington, North Carolina 28405-3845
Phone: [phone]\ FAX: [phone] \ Internet: www.riccoastalmanagement.net
An Equal opportunity \Affirmative Action Employer —50% Recycled \ 10% Post Consumer Paper