03-17_Kittrell, Roy_20040427

MOREH AD CITY
GERALD A.a 0 ,C, JR., Mayor
N O R T H C A R O L I N
DAVID HORTON, Mayor Pro-Tem
Council
FLOYD M. CHADWICK, JR.
PAUL W. CORDOVA
JOHN F. NELSON
DEMUSL.THOMPSON
Mr. Roy Kittrell, Jr.
1801 Paulette Road
Morehead City, NC 28557
P.M. Drawer M
706 Arendell Street
Morehead City, North Carolina 28557-4234
TEL [phone]
FAX [phone]
www.townofmorehead.com
April 27, 2004
A f n
C. is
R. RANDY MARTIN
City Manager
'APR 3 0 2004
RE: NOTICE OF FAILURE TO COMPLY WITH CAMA PERMIT
CONDITIONS AND NOTICE OF VIOLATION #VO4-01
Dear Mr. Kittrell:
This letter is in reference to my site visit of the development project at 1400 Dills
Creek Lane, Lot #103 Blair Farm Subdivision, Morehead City in Carteret County, North
Carolina, to investigate the development activity being done under CAMA Minor
Development Permit Number 03-17. Anyone who undertakes minor development
activity in a designated Area of Environmental Concern (AEC), and fails to act in
accordance with the terms, conditions, or requirements of his permit, may be found to be
in violation of the Coastal Area Management Act as specified in North Carolina General
Statutes (NCGS) 113A-126. Any development activity within a designated AEC, that
was not authorized by Permit Number 03-17, may also be a violation of NCGS 113A-
118.
The following violations were found at the project site mentioned above: No
erosion control or sedimentation device has been installed between your land disturbing
activity and the adjacent marsh or water area. An effective measure of sedimentation or
erosion control method must be installed and maintained until vegetative cover has been
established.
I request that you IMMEDIATELY CEASE AND DESIST any further
unauthorized development activities within designated AECs on this property. Since the
development is not consistent with the applicable standards, you may be required to
restore the land to its former condition and/or bring all aspects of the project into
compliance with the Act. A civil assessment of up to Two Hundred and Fifty Dollars
($250.00) may be assessed against any violator. Each day that the development activity
described in this Notice is continued or repeated may constitute a separate violation,
ADA/EOE/P Equal Opportunity Employee Provider

Notice of Violation
Mr. Roy Kittrell, Jr.
April 27, 2004
Page 2 _
APR 3 0 2004
which is subject to an additional assessment of up to $250.00. An injunction or criminal
penalty may also be sought to enforce any violation (NCGS 113-A-126).
It is the policy of the Coastal Resources Commission to levy a minimum civil
assessment of One Hundred Dollars ($100.00) against all violators of CAMA Minor.
Development Permit requirements of this nature. 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 amount of resources affected and the extent of the damage to.
them. If the required restoration is not undertaken or completed satisfactorily, a higher
civil assessment may be levied and a court injunction sought to order restoration
You failure to respond adequately to my letter of April 14, 2004 has necessitated
this Notice of Violation. In the above -mentioned letter you were asked to install silt
fencing or some alternative type of erosion control method on your property to prevent
sedimentation from infiltrating the adjacent water body and/or marsh.
The enclosed Restoration Plan describes the action necessary to bring your project
into compliance with the Act. Please sign the Restoration Agreement and return to me by
May 7, 2004.
Pending satisfactory resolution of this violation, and my submission of an
Enforcement Report to the District Manager of the Division of Coastal Management, you
will be notified of the amount of your civil assessment.
Thank you for your cooperation in resolving this important matter. If you have
any questions, please do not hesitate to call me.
CC: , Tere Barrett, DCM

APR 3 0 2004
RESTORATION PLAN
1. A barrier line of filter cloth, staked hay bales, burlap or an effective
_ sedimentation or erosion control device must be installed between the land -
disturbing activity and the adjacent march or water.areas, until such time as
the area has been properly stabilized with a vegetated cover.
I, Roy Kittrell, Jr., agree to complete the required restoration outlined in the
above Restoration Plan to the satisfaction of Morehead City's CAMA Local
Permit Officer by May 7, 2004, or provide an explanation for non-compliance
and a reasonable request for a time extension.
Signature
DATE:

s
cl/
STATE OF NORTH CAROLINA
COUNTY OF CARTERET A�� 3 O Z004
IN THE MATTER OF THE NOTICE OF VIOLATION )
AND REQUEST TO CEASE AND DESIST VIOLATION ) NOTICE OF SERVICE
OF THE COASTAL MANAGEMENT ACT )
TO: Morehead City Police Department
YOU ARE HEREBY REQUESTED TO serve the attached document in the above -
entitled action to the individual listed below:
Roy Kittrell, Jr.
C/o Kittrell's Auto Parts
4106 Arendell Street
Morehead City, NC 28557
This is the 27 h day of April, 2004
Rick Schulz
Local Permit Officer — Morehead City
706 Arendell Street
Morehead -City, NC 28557.
726-6848 x 38
RETURN OF SERVICE
I certify that this Notice of Service was received on the Q7 day of _ Af UL 2004 and
together with the document was served as follows:
On -r )LwAy , on the 2-7 day of t4PRxj_ , 2004, at the
followingplace: t6r_TT0_U 'S rm pA-ott-c yloti AriL Z. &nZjjrM =2 $ c- 21, -7
(fill in address where copy was delivered or left)
BY: V Delivering copies to him personally
Leaving copies with who is a person of
suitable age and discretion and who resides in the named individual's
dwelling or place of business.
If NOT served on the named individual, state reason:
Served By: L.4 LE, EVAas 46 LP b

Apr-26-1004 06:45pm From -TOWN OF MOREHEAD
T-823 P.002/004 F-555
CERTIFIED MAIL
RETURN RECIEPT REQUESTED April 26, 2004
Mr. Roy Kittrell b
1801 Paulette Road
Morehead City, NC 28557
RE: NOTICE OF FAII.t1RE
WORK ORDER CA1VIA PE NAITIONS AND STOP
Dear Mr. Kittrell:
This Ietter is in reference to a development project at 1400 Dills Creek Lane
Lot #103 $lair Farm Subdivision, Morehead City in Carteret County, North Carolina, to
investigate the development activity being done under CAMA Minor Development
Permit Number 03-17. Anyone who undertakes minor development activity in a
designated Area of Environmental Concern (AEC), and fails to act in accordance with the
terms, conditions, or requirements of his permit, may be found to be in violation of the
Coastal Area Management Act as specified in North Carolina General Statutes (NCGS)
113A-126. Any development activity within a designated AEC, that was not authorized
by Permit Number 03-17, may also be a violation of NCGS 113A-118. ' ^�
The following violations were found at the project site mentioned above: No eift�fmvft
has been installed between your land disturbi' off.
activityng
and the adjacent marsh or water area. l
control must be installed and maint ' ed until ve etative.cover has bee erosion
established.
I request that you IMXMDIATELY CEASE AND DESIST any further
unauthorized development activities within designated AECs on this property. Since the
development is not consistent with the applicable standards, you may be required to
restore the land to its former condition and/or bring all aspects of the project into
compliance with the Act. A civil assessment of up to Two Hundred and Fifty Dollars
($250.00) may be assessed against any violator. Each day that the development activity
described in this Notice is continued or repeated may constitute a separate violation,
which is subject to an additional assessment of up to $250.00. An injunction or criminal
penalty may also be sought to enforce any violation (NCGS I I3-A-126). _

Apr-26-2004 08:45pm From -TOWN OF FOREHEAD
T-823 P.003/004 F-555
Notice of Violation
Mr. Roy Kittrell Jr.
April 26, 2004
Page 2
It is the paollars
of the COB sources Commission to levya assessment of Fi 5 minimum civil
Permit rc uircmen ($ against all violators of CAMA Minor Development
q i * one 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
amount of resources affected and the extent of the damage to them. If the required
restoration is not undertaken or completed satisfactorily, a higher civil assessment may b
Ievied and a court injunction sought to order restoration
You failure to respond adequately to my letter of April 14, 2004 has necessitated
this Notice of Violation. In the above -mentioned letter you were asked to install silt
fencing or some alternative type of erosion control method on your property to prevent
sedimentation from infiltrating the adjacent water body and/or marsh.
The enclosed Restoration Plan describes the action necessary to bring your project
into compliance with the Act. Please sign the Restoration Agreemem t and return to me by
May 6, 2004.
Pending satisfactory resolution of this violation, and my submission of an
Enforcement Report to the District Manager of the Division of Coastal Management, you
will be notified of the amount of your civil assessment.
Thank you for your cooperation in resolving this important matter. If you have
any questions, please do not hesitate to call me.
Sincerely,
Rick Schulz
CAMA Local Permit officer
Town of Morehead City
CC: Tere Barrett, DCM

, Apr-26-2004 06:46pm From -TOWN OF FOREHEAD
T-823 P,004/004 F-555
S
RE3TpRATION PLAN V6AC
1. A barrier line of filter cloth, staked hay bales, tv burlap' must be installed
between the land -disturbing activity and the adjacent march or water areas,
until such time as the area has been properly stabilized with a vegetated
cover.
I, Roy Mttrell, Jr., agree to complete the required restoration outlined in the
above Restoration Plan to the satisfaction of Morehead City's CAMA Local
Permit Officer by May 6, 2004, or provide as explanation for non-compliance
and a reasonable request for a time extension.
Signature
DATE-

Apr-26-2004 06:45pm From -TOWN OF FOREHEAD
T-823 P.001/004 F-555
A
� A
TOWN OF MOREHEAD CITY
706 Arendell Street
Morehead City, NC 28557
[phone], ext. 25
[phone] fax
Inspections do Planning
TO: � -
2�� 33_AA
FROM: Tracy Barnes Secretary
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(including g cover sheet)
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