01-46D Davis Seafood Inc

FILE MEMORANDUM
TO: ROY BROWNLOW, COMPLIANCE COORDINATOR
FROM: M. TED TYNDALL, ASST. DIRECTOR
SUBJECT: VIOLATION CASE CLOSURE RECOMMENDATIONS
DATE: 02/01/2012
CC: RONDA BENNETT
htvestigation has disclosed information that warrants discontinuation of enforcement action on
the case listed below. Therefore, based upon staffs review and circumstances in this case, I
hereby authorize closing/discontinuing CAMA Violation case No.: D ( _ q� i
gAct
02/0112012
J M. TED TYNDALL, Assistant Director
Date

i- - - - - - - - - -
1

r r

RESTORATION PLAN
FOR ��yy
William Davis I� j
Davis Seafood, Inc. Y1 �1
PROPERTY LOCATED AT 155 DAVIS JUL 3 0 7001
ADJACENT TO NEW RIVER, ONSLOW C U _
A TAL MANAGEMENT
MOREHEAD
1) Remove all fill material from Coastal Wetlands. Restore the area to its original grade and
stabilize all disturbed areas with vegetation and straw
2) Remove new concrete areas within the 30- buffer area.
3) Provide detailed information concerning past -dredging activities at this site, including:
dates; amounts of material removed; location of dredged material disposal areas; pre and
post dredging water depths; and scale drawings indicating the exact dimensions of
excavated areas.
4) Submit to this Office confirmation that a written statement has been obtained, signed by
the adjacent riparian property owners indicating that they have no objection to the pier
additions remaining in place, or provide to this Office confirmation that the adjacent
riparian property owners have been notified by certified mail of your intent to keep the
pier in place. This notice should instruct the adjacent riparian property owners to notify
this Office in writing of any comments they should have regarding the structure within 10
days of receipt of the notice. Indicate to the adjacent riparian property owners that no
response will be interpreted as no objection.
Restoration Plan continued on Page Two
NOV 01-46D
JUL 2 0 200f I
DIVISION OF
COASTAL MANAGEMENT

. 4,
RESTORATION PLAN
William Davis
Page Two
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.RFina�t P I.agree to complete this restoration by August 10, 2001.
9ST-gz f� z
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illlam Davis
DATE: , 2001
127 Cardinal Drive Extension, Wilmington, N.C. 28405-3845 ,• Telephone [phone] • Fax [phone]
An Equal Opportunity Affirmative Action Employer

State of North Carolina
Department of Environment,
and Natural Resources
Wilmington Regional Office
Division of Coastal Management NCDENR
Michael F. Easley, Governor
William G. Ross Jr., Secretary NORTH CAROLINA DEPARTMENT OF
ENVIRONMENT AND NATURAL RESOURCES
Donna D. Moffitt, Director
July 10, 2001
CERTIFIED MAIL # 7000 1670 0005 7378 6072
RETURN RECEIPT REQUESTED
JUI_ 13 2001
Mr. William Davis
Davis Seafood, Inc.
155 Davis Lane
Sneads Ferry, NC 28460
RE: NOTICE OF VIOLATION AND REQUEST TO CEASE
UNAUTHORIZED DEVELOPMENT
CAMA VIOLATION # 01-46D
Dear Mr. Davis:
Information gathered by the Division of Coastal Management shows 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
without first obtaining a permit from the North Carolina Coastal Resources Commission. North Carolina
General Statutes (hereinafter abbreviated NCGS 113A-118). I have information that you have undertaken
Major Development by:
1) The placement of rock and fill material within coastal wetlands, in an area approximately
10 feet wide by approximately 100 feet long, adjacent to the New River, at property
located adjacent to Davis Seafood, Inc., at 155 Davis Lane, in Sneads Ferry, in Onslow
County.
2) The construction of a commercial pier, 167 feet long by 8 feet wide into the New River,
at Davis Seafood, Inc.
3) The construction of a dock parallel to the shoreline approximately 8 feet wide by 40 feet
long, at Davis Seafood, Inc.
4) The construction of a concrete slab, 3-9 feet wide by 48 feet long, within 30 feet of normal
high water; at Davis Seafood, Inc.
127 Cardinal Drive Extension, Wilmington, N.C. 28405-3845 • Telephone [phone] • Fax [phone]
An Equal Opportunity Affirmative Action Employer

Mr. William Davis
July 10, 2001
Page Two
5) The placement of heavy construction equipment in coastal wetlands, resulting in damage
to the marsh in an area approximately 10' wide by 100' long, adjacent to above mentioned
pier, at Davis Seafood, Inc.
6) The placement of rip rap within coastal wetlands, adjacent to an unnamed tributary to the
New River, in an area approximately 3 feet wide by 49 feet long, located across Davis
Lane from Davis Seafood, Inc.
7) The placement of fill in coastal wetlands, adjacent to an unnamed tributary to the New
River, in an area approximately 70 feet long by approximately 3 feet wide„ located across
Davis ;Lane from Davis Seafood, Inc.
8) The unauthorized excavation in an unnamed tributary to the new river in an area
approximately 400 feet long by approximately 30 feet wide, located across Davis Lane
from Davis Seafood, Inc.
This development is being undertaken within Coastal Wetlands, Estuarine Waters, Public Trust
Areas and Coastal Shoreline, designated Areas of Environmental Concern, and no permit has been issued
for it. Therefore, I have concluded that you are in violation of the permit requirement 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 $2500.00 may be assessed against any violator. Each day
that the development described in this Notice is continued or repeated may constitute a separate violation
which is subject to an additional assessment of $2500.00. An injunction or criminal penalty may also be
sought to enforce any violation. NCGS 113A-126.
It is the policy of the Coastal Resources Commission to assess a minimum civil penalty of Three
Hundred Fifty Dollars ($350.00) 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 which 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.

Mr. William Davis
July 10, 2001
Page Three
The enclosed Restoration Plan describes the action necessary to bring this project into compliance
with the Act. Provided you intend to cooperate with my request to:
1) Remove all fill material from Coastal Wetlands and stabilize all disturbed areas with
vegetation and straw.
2) Remove new concrete areas within the 30' buffer area.
3) Provide detailed information concerning past dredging activities at this site, including:
dates; amounts of material removed; location of dredged material disposal areas; pre and
post dredging water depths; and scale drawings indicating the exact dimensions of
excavated areas.
4) In order for this office to review the possibility of allowing the pier structure to remain in
place, you must first submit to this Office confirmation that a written statement has been
obtained, signed by the adjacent riparian property owners indicating that they have no
objection to the pier additions remaining in place, or provide to this Office confirmation
that the adjacent riparian property owners have been notified by certified mail of your
intent to keep the pier in place. This notice should instruct the adjacent riparian property
owners to notify this Office in writing of any comments they should have regarding the
structure within 10 days of receipt of the notice. Indicate to the adjacent riparian property
owners that no response will be interpreted as no objection.
Please sign one of the attached restoration forms and return it to me in the enclosed, self-addressed
envelope. No response from you within ten. (10) days of receipt of this letter will be interpreted as a
refusal to cooperate and result in a Notice of continuing violation and a court order will be sought
ordering restoration.
You are also in violation of the State's Dredge and Fill Act which requires a permit from the
North Carolina Department of Environment, Health and Natural Resources before undertaking any
excavating or filling in any estuarine waters, tidelands, marshlands, or state-owned lake. NCGS 113-229.
The activity that you have undertaken in conjunction with the above described Major Development is also
being undertaken without a permit from this Department. 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. NCGS 113-229.

Mr. William Davis
July 10, 2001
Page Four
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 immediate future
to determine whether this REQUEST TO CEASE AND DESIST has been complied with. Once again,
I request that you contact me immediately about these matters.
Enclosures
ccigplCharles S. Jones
Scott Jones
Bob Stroud, District Manager
Micky Sugg (U.S. Army Corps of Engineers)
Andrea Frazier (Onslow County)

RESTORATION PLAN
FOR
William Davis
Davis Seafood, Inc.
PROPERTY LOCATED AT 155 DAVIS LANE
ADJACENT TO NEW RIVER, ONSLOW COUNTY
1) Remove all fill material from Coastal Wetlands. Restore the area to its original grade and
stabilize all disturbed areas with vegetation and straw
2) Remove new concrete areas within the 30' buffer area.
3) Provide detailed information concerning past dredging activities at this site, including:
dates; amounts of material removed; location of dredged material disposal areas; pre and
post dredging water depths; and scale drawings indicating the exact dimensions of
excavated areas.
4) Submit to this Office confirmation that a written statement has been obtained, signed by
the adjacent riparian property owners indicating that they have no objection to the pier
additions remaining in place, or provide to this Office confirmation that the adjacent
riparian property owners have been notified by certified mail of your intent to keep the
pier in place. This notice should instruct the adjacent riparian property owners to notify
this Office in writing of any comments they should have regarding the structure within 10
days of receipt of the notice. Indicate to the adjacent riparian property owners that no
response will be interpreted as no objection.
Restoration Plan continued on Page Two
NOV 01-46D

RESTORATION PLAN
William Davis
Page Two
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I agree to complete this restoration by August 10, 2001.
William Davis
DATE: 2001
127 Cardinal Drive Extension, Wilmington, N.C. 28405-3845 • Telephone [phone] • Fax [phone]
An Equal Opportunity Affirmative Action Employer

NIVK-1 O
DCNI EN-FORCEA'IENT REPORT
(Vsr for Waivers)
JUL 19 2001
,11 wncn[AU
Case f: b�ki�n'b Permit if: Consultant:
��S�
Name: - \ \; t.; — Address: \ SS
City: S State: Yam- Zip: Phone It:
County: n M Nearest Water Body: Oce- ?, j ) LA, State Plane X:
LPCT: f� ('G - i A L )C2&y: Dn zLL.) CU State Plane Y:
Vio Descp:
NOV Sent 7/ (O/ Violation: Major: — Minor: Perm Cond: -CAMA: ✓ D&F: L--'
Restore: y Requested: OA /d! 0 1 Completed:
ry'a/Ne) (Me) amy) (Yr) (Mo) (Day) (Fr)
Estuary: ✓ Pub Trst: ✓ Shoreline: ✓ Ocean Hz: _ Other: _ Pri Nurs: _ ORW:
Wetlands: r7
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******* ASSESSNID-7 & DiSP0"' ON
Recommended Assmt: $ References: 7J. Criteria:
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Report Rcvd: / / Assessed: $ To AG: / / To Violator: ! /
Payment Received: S On: / Case Closed:
Of Violators: Total Assessment: Total Received: S
REVEEQ: L/S. r�

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155 Davis Ln
Sneads Ferry NC
28460-6539 US
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01-46D William Davis
Subject: 01-46D William Davis
Date: Fri, 16 May 2003 11:25:09 -0400
From: Roy Brownlow <[e-mail]>
Organization: NC DENR DCM
To: Jim Gregson <Jim.Gregson @ ncmail. net>
CC: Charles S Jones <[e-mail]>
Jim:
TGIF!
What is the status of the Davis case #01-46D?
Reading the file, it looks like it was a somewhat significant violation.
The only documents I have in the file in this office are the NOV and
restoration plan. Have there been any updates on this case?
Thanks,
Roy
Roy Brownlow <[e-mail]>
Compliance & Enforcement Coordinator
DENR
Division of Coastal Management
1 of 1 5/16/200311:34 AM