20201345 Ver 1_K Rowlett & M Norton NOV #21-27D C&D NH_20210826

ROY COOPER
Governor
ELIZABETH S. BISER
Secretary
BRAXTON DAVIS
Director
CERTIFIED MAIL 70100290000308345305
RETURN RECEIPT REQUESTED
Sent via email to: [e-mail]
Kathy Rowlett/ Mandy Norton
8112 Bald Eagle Lane
Wilmington, NC 28411
NORTH CAROLINA
Environmental Quality
NOTICE OF VIOLATION
August 25, 2021
RE: VIOLATIONS) OF CAMA MAJOR DEVELOPMENT PERMIT NO.60.21
CAMA VIOLATION #21-27D
Dear Ms. Rowlett and Ms. Norton:
This letter confirms my August 23, 2021 site visit with you and Tara MacPherson, District Manager, Division of Coastal
Management (DCM), at your property Norton located at 8112 Bald Eagle Lane adjacent to the Atlantic Intracoastal
Waterway (AIWW) located in or near Wilmington, off Porters Neck Road, New Hanover County, North Carolina. The
purpose of the visit was to investigate development of a bulkhead in an unauthorized location within Coastal Wetlands
within the AIWW. A site visit was conducted on August 12, 2021 to observe the bulkhead installation and an email was
sent the same day to Nick Cavarocchi with South Cape Maritime, LLC and copied to your agent Mark Batson with
Tongue and Groove, LLC, requesting work to stop due to a violation of permit conditions. This letter also confirms my
phone conversation with your agent, Tongue and Groove, LLC on August 12, 2021 and the follow up August 16, 2021
conference call to discuss the development with hired sub -contractor Nick Cavarocchi, Tara MacPherson, District
Manager- DCM and Gregg Bodnar, Assistant Major Permit Coordinator- DCM.
Information gathered by me for the NC Division of Coastal Management shows that your agent, Tongue and Groove,
LLC has violated the terms or conditions of State Permit No. 60-21 which was issued to you by the Coastal Resources
Commission and the North Carolina Department of Environmental Quality. I hereby request that you immediately
CEASE AND DESIST such violation(s) and comply with the terms and conditions of the above permit.
On May 18, 2021 Stale Permit No. 60.21 was issued to you, Kathy Rowlett and Mandy Norton for a docking facility
and bulkhead within the Atlantic Intracoastal Waterway (AIWW) on your property located in New Hanover County,
North Carolina, off Porters Neck Road. This permit was issued for a CAMA Major Development in Coastal Wetland,
Estuarine Waters, Estuarine Shoreline, and Public Trust Area, Areas of Environmental Concern, in accordance with
North Carolina General Statutes (N.C,G.S.) 1 13A-1 18.
This permit included the following Condition:
(10) The bulkhead shall be constructed two (2) feet waterward of the existing alignment.
Prior to issuance of State Permit 60-21, Curt Weychert, Assistant Major Permit Coordinator with the Division of Coastal
Management (DCM), had a phone conversation with your agent, Mark Batson wherein Mr. Weychert conveyed the
North Carolina Department of Enviroranental Quality I Division of Coastal Management
Wilmington Office 1 127 Cardinal Drive Extension I Wilmington, North Carolina 28405
910.796.7215

CAMA permit condition limiting the proposed bulkhead alignment to within 2 feel of the current alignment due to the
presence of Coastal Wetlands.
Kathy Rowlett) Mandy Norton
Page 2
August 25, 2021
Based on my site visit on August 23, 2021, there is a violation of State Permit 60.21 Condition 10 due to:
1. Installation of approximately 74 linear feet of new bulkhead between 7.5 and 8 feet waterward of the existing
alignment. This unauthorized location is approximately 5.5' to 6' more waterward than the authorized and
permitted bulkhead alignment resulting additional Coastal Wetlands impacts (over and above permitted
impacts).
I have information that indicates your agent, Tongue and Groove, LLC, and sub -contractor, South Cape Maritime, LLC,
have undertaken or are legally responsible for constructing a bulkhead that violates the conditions of the State Major
CAMA Permit No. 60-21 issued on May 18, 2021 and furthermore, continued the construction following the August 12,
2021 verbal and email (sent to markr7a toncue-and-aroove.com, soulhcanemarinena.gmail.com) request to STOP
WORK on the aforementioned property. This activity took place in Coastal Wetlands (consisting primarily of Spartina
Afterniffora) Estuarine Waters, Estuarine Shoreline, and Public Trust Areas that are contiguous with the Outstanding
Resource Waters (ORW) of the AIWW. Coastal Wetland, Estuarine Waters, Estuarine Shoreline, and Public Trust
Area are designated as Areas of Environmental Concern (AEC). No CAMA permit modification was issued for work
outside of the authorized and permitted bulkhead installation footprint or DCM approved alignment.
The unauthorized bulkhead alignment is also in violation of the State's Dredge and Fill Law which requires a permit,
or permit modification as in this case, from the North Carolina Department of Environmental Quality before
undertaking any excavating or filling in any estuarine waters, tidelands, marshlands, or state-owned lakes pursuant to
N.C.G.S.113-229. Violations of the CAMA and the State's Dredge and Fill Act may be enforced by a criminal
penalty or a civil action for damages or an injunction in accordance with N.C.G.S. 11 3A-1 36 and N.C.G.S. 113.229.
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. Pending further review of this matter, a determination will be made and you will be notified
if restoration of the impacted coastal resources is necessary. Thank you for your time and cooperation in resolving
this important matter. If you have any questions, please call me at [phone].
Sincerely,
Katharine Elks
Coastal Management Representative
Cc: Tara MacPherson, District Manager, DCM
Roy Brownlow, Compliance Coordinator, DCM
USACE
DWR
Christine Bouffard, New Hanover County LPO
ENCLOSURE
North Carolina Department of Environmental Quality I Division of Coastal Management
Wilmington Office 1127 Cardinal Drive Extension I Wilmington, North Carolina 28405
910.796.7215

Permit Class
NEW
STATE OF NORTH CAROLINA
Department of Environmental Quality
and
Coastal Resources Commission
Vermit
for
X Major Development in an Area of Environmental Concern
pursuant to NCGS I I3A-118
X Excavation and/or filling pursuant to NCGS 113-229
Permit Number
60-21
Issued to Kathy Rowlett and Mandy Norton, 1100 Metropolitan Eve. Unit 308, Charlotte, NC 28204
Authorizing development in New Hanover County at ad*. to the AIWW, at 8112 Bald Eagle Lane,
in Wilmington , as requested in the permittee's application dated 9/14/21
including attached workplan drawings (7), all dated "Revised" 11/30/20.
This permit, issued on May 18, 2021 , is subject to compliance with the application (where
consistent with the permit), all applicable regulations, special conditions and notes set forth below. Any violation
)t these terms may be subject to tines, imprisonment or civil action; or may cause the permit to be null and void.
Dockin¢ Facility
1) This permit authorizes only the docks, piers, gazebos, floating docks, boatlifts, and other structures
and uses located in or over the water that are expressly and specifically set forth in the permit
application. No other structure, whether floating or stationary, shall become a permanent part of this
docking facility without permit modification. No non -water dependent uses of structures shall be
conducted on, in or over Public Trust waters without permit modification.
2) The permittee shall install and maintain at his expense any signal lights or signals prescribed by the
U.S. Coast Guard, through regulation or otherwise, on the authorized facilities. At minimum,
permanent reflectors shall be attached to the structure in order to make it more visible during hours of
darkness or inclement weather.
(See attached sheets for Additional Conditions)
This permit action may be appealed by the permittee or other
qualified persons within twenty (20) days of the issuing date.
This permit must be accessible on -site to Department
personnel when the project is inspected for compliance.
Any maintenance work or project modification not covered
hereunder requires further Division approval.
All work must cease when the permit expires on
December 31, 2024
In issuing this permit, the State of North Carolina agrees that
your project is consistent with the North Carolina Coastal
Management Program.
Signed by the authority of the Secretary of DEQ and the Chair
of the Coastal Resources Commission.
For Braxton C. Davis, Director
Division of Coastal Management
This permit and its conditions are hereby accepted.
Signature of Permittee

Kathy Rowlett and Mandy Norton Permit No. 60-21
Page 2 of 3
ADDITIONAL CONDITIONS
3) No attempt shall be made by the permittee to prevent the full and free use by the public of all navigable
waters at or adjacent to the authorized work.
4) The authorized structure and associated activity shall not cause an unacceptable interference with
navigation and shall not exceed the dimensions shown on the attached permit drawings.
5) No sewage, whether treated or untreated, shall be discharged at any time from any boats using the
docking facility. Any sewage discharge at the docking facility shall be considered a violation of this
permit for which the permittee is responsible. This prohibition shall be applied and enforced throughout
the entire existence of the permitted structure.
6) This permit authorizes a maximum of 4 formalized boat slips.
7) The pier and associated structures shall have a minimum setback distance of 15 feet between any parts
of the structure and the adjacent property owner's area of riparian access.
8) The authorized gazebo shall not be enclosed. Any material used on the sides shall not obstruct view and
shall be permeable to air and water. Screen or wire on the sides along with benches are permitted.
Lattice is specifically excluded from being used under this authorization.
9) The roof of the gazebo shall not be designed for second story use.
Bulkhead
10) The bulkhead shall be constructed two (2) feet waterward of the existing alignment.
11) No backfill material shall be placed within 30 feet of the normal high water line, except that which will
be used to backfill the area behind the permitted bulkhead.
12) The temporary placement or double handling of fill materials within waters or vegetated wetlands is not
authorized.
13) No vegetated wetlands or open water shall be excavated or filled, even temporarily, outside of the
approved bulkhead alignment.
14) All fill material to be placed below normal high-water level shall be confined behind the permitted
bulkhead.
15) The bulkhead shall be structurally tight so as to prevent seepage of backfill materials through the structure.
16) The bulkhead shall be constructed prior to any backfilling activities.
17) The bulkhead shall be solid and constructed of treated wood, concrete slabs, metal or vinyl sheet piles, or
other suitable materials approved by Division personnel.

Kathy Rowlett and Mandy Norton Permit No. 60-21
Page 3 of 3
ADDITIONAL CONDITIONS
18) All backfill material shall be clean and free of any pollutants except in trace quantities.
19) The alignment of the authorized bulkhead shall be staked by the permittee and verified by a
representative of the Division of Coastal Management within a maximum of 30 days prior to the start of
construction.
General
20) This permit shall not be assigned, transferred, sold, or otherwise disposed of to a third party without the
written approval of the Division of Coastal Management.
21) The permittee shall maintain the authorized work in good condition and in conformance with the terms
and conditions of this permit. The permittee is not relieved of this requirement if he or she abandons the
permitted activity without having it transferred to a third party.
22) The permittee and/or his or her contractor shall meet with a representative of the Division prior to
project initiation.
NOTE: This permit does not eliminate the need to obtain any additional state, federal or local permits,
approvals or authorizations that may be required, including but not limited to any authorizations
required from the US Army Corps of Engineers.
NOTE: The N.C. Division of Water Resources authorized the proposed project by way of General Water
Quality Certification 4175 and assigned the project DWR Project No. 2020-1345.
NOTE: Future development of the permittee's property may require a modification of this permit.
Contact a representative of the Division at [phone] prior to the commencement of any
such activity for this determination. The permittee is further advised that many non -water
dependent activities are not authorized within 30 feet of the normal high water level.
NOTE: An application processing fee of $400 was received by DCM for this project. This fee also
satisfied the Section 401 application processing fee requirements of the Division of Water
Resources.