05-32D A&T Marine Construction

19-May-05 NC DIVISION OF COASTAL MANAGEMENT ENFORCEMENT RECORD
(CASE STATUS------- CASE NUMBER LAST NAME
CA9(� I FIRST NAME BUSINESS NAME:
05-32D MORRIS ITONY A & T MARINE CONSTRUCTION
• CASE IS CLOSED I
AFFLILIATION SECTOR
NOV DATE CLOSURE DATE t""—"'— {� El for Similar
r Violations Irl $arils AEC
CONTRACTOR (COMMERCIAL for Similar Activities
5!9/2005
MAILING ADDRESS
CITY STATE
ZIP CODE PHONE NUMBER
131 ROBERTS ROAD
1HAMPSTEAD NC
20443- 1
PROPERTY ADDRESS
COMMUNITY
WATERBODY NEAREST ROAD
123 KINGS HARBOR RD
HOLLY RIDGE
GOOSE CREEK IHARDISON RD
DISTRICT OFFICE COUNTY DCM REPRESENTATIVE LPO CONTACT
FRO JONSLOW GILES
VIOLATION TYPE
LA
FECTED AEC(S) CW W EW W PTA ❑ ES ❑ PTS
MAJOR PERMIT CONDITION VIOLATION OEA I 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.
RESTORATION STATUS ---------------------------------------- RESTORATION REQUEST DATE COMPLETION DATE
d RESTORATION NOT REQUIRED - CONTRACTOR
RESTORATION NOT REQUIRED - PERMITTABLE DEVELOPMENT RESTORATION EXTENDED RESTORE DATE
-- DEADLINE
RESTORATION NOT REQUIRED -FURTHER IMPACTS EXTENDED
L. RESTORATION PENDING REFERRED TO AG'S OFFICE - COLLECTION
REFERRED TO AG'S OFFICE - INJUNCTION
ASSESSMENT DATE PENALTY AMOUNT COLLECTION DATE AMOUNT COLLECTED
PENALTY
PENALTY ISSUED
j ,-/I PENALTY NOT ISSUED WILLFUL INTENTIONAL PENALTY (MIN. OR DOUBLEb) W ❑ CNOV ISSUED
[J CONRACTOR'S FIRST OFFENSE L_ SETTLED, AGREED UPON, OR STIPULATED PENALTY ZI PENALTY APPEALED
L. I� UNCOLLECTIBLE PENALTY El FORMAL CPA ISSUED
Violations Involving Adversely Impacted Resources
AMOUNT OF ADVERSELY DISTURBED AREA (SQ. FT.)
AMOUNT OF RESTORED AREA (SQ. FT) I --•
NOTES
Also see case no. 05-33D Baysden, property owner. CONTRACTOR'S FIRST OFFENSE - NO PENAL

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 2934
RETURN RECEIPT REQUESTED
A & T Marine Construction
Attn: Tony Morris
131 Roberts Road
Hampstead, N.C. 28443
RE.- NOTICE OF VIOLATION AND REQUEST TO CEASE UNAUTHORIZED DEVELOPMENT
CAMA VIOLATION # 05-32D
Dear Mr. Morris:
This letter is in reference to my May 4, 2005 meeting onsite at Danny Baysden's property off Kings Harbor
Road, adjacent to Goose 1 King Creek, near Holly Ridge in Onslow County, North Carolina. The purpose of
the onsite meeting was to investigate unauthorized development on the aforementioned property. On
March 11, 2005 Mr. Baysden was issued General Permit (GP) #40429 — D to construct a 4' x 88' pier with a
20' x 20' T-head.
Information gathered by me for the Division of Coastal Management indicates that your actions as
contractor for Stanley McCauley are 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 pursuant to
the North Carolina General'Statutes (N.C.G.S.) 113A-1 18.
Information I have indicates that you have undertaken or are legally responsible for the construction of Mr.
Baysden's pier, T-head, floating dock and boatlift that was constructed without amending GP # 40429-D to
reflect the changes from what was permitted on this GP at the aforementioned property. In addition, the
dock was constructed inconsistent with submitted work plan drawings and was not constructed consistent
with the permit sketch. This activity took place in Estuarine Waters and Public Trust Area that are
contiguous with Goose I King Creek. Estuarine Waters and Public Trust Areas are designated as Area(s)
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 development and contact me about this
matter. A civil assessment of up to $2,500 may be assessed against any violator. Each day that the
127 Cardinal Drive Ext., Wilmington, North Carolina 28405-3845
Phone: [phone] \ FAX: [phone] \ Internet: www.nccoastalmanagement.net
An Equal Opportunity \ Affirmative Action Employer —50%a Recycled \ 10% Post Consumer Paper

A&T Marine Construction
May 9, 2005
Page 2 of 2
development described in this Notice is continued or repeated may constitute a separate violation, which is
subject to an additional assessment of $2,500. An injunction or criminal penalty may also be sought to
enforce any violation in accordance with N.C.G.S. 11 3A-1 26.
It is the policy of the Coastal Resources Commission to assess a minimum civil penalty $250 against all
violations. This is done to recoup some of the costs of investigating the violation 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 area of the resources that were affected and the extent of the
damage to them.
Since this is your first documented offense as a contractor in these designated Area(s) of Environmental
Concern, there will be no assessment levied against you in accordance with the North Carolina
Administrative Code, Title 15A, Subchapter 7J.0409(f)(4)(F)(i). However, if you continue to violate the
Coastal Area Management Act, you should consider yourself forewarned and expect a civil assessment to
be levied against you consistent with the North Carolina Administrative Code, Title 15A, Subchapter 7J,
Section .0409, as adopted by the Coastal Resources Commission.
The relevant statutes and regulations are available
complying with the requirements of these laws. A
determine whether this REQUEST TO CEASE AND
contact me immediately about these important matters
Sincerely,
� .
40, �
Jon W. Giles Jr.
Coastal Management Representative
from this office, and I am willing to assist you in
site inspection will be made in the near future to
DESIST has been complied with. I request that you
cc: Ted Tyndall, Assistant Director, DCM
Jim Gregson, District Manager, DCM
Roy Brownlow, Compliance Coordinator, DCM
Andrea Frazier, Onslow County LPO
'r/' r '/7c —
127 Cardinal Drive Ext., Wilmington, North Carolina 28405-3845
Phone: [phone] \ FAX: [phone] \ Internet: www.ncooastaimanagement.net
An Equal Opportunity \ Affirmative Action Employer — 50% Recycled \ 10% Post Consumer Paper