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Jerry Humphreys
2164 Fox Run Drive
Kinston, NC 28501
&ZEE JOM2 of Emvia,Lrd AL
7500 9n wa rNi",
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939D-t [phone] 9-x• (919) 354-506S
October 21, 1994
Re: 416 Cape Emerald Loop, Block 45, Lot 9E, 15-35N-05-09
Dear Mr. Humphreys:
This letter confirms that I was at the above address, in the marshgrass
area of Bogue Sound, in Carteret County, N.C. on October 21, 1994, to investigate
the possibility of development activity within an Area of Environmental Concern
(AEC) without proper authorization. No person may undertake activity constituting
minor development within a designated AEC without first obtaining a Minor
Development Permit from the North Carolina Department of Environmental, Health
and Natural Resources or a Local Government with an approved Coastal Area
Management Implementation and Enforcement program. This requirement is imposed
by North Carolina General Statutes (NCGS) 113A-118.
My visit verified the construction of a walkway and fill in the wetlands.
This fill must be removed and proper permit obtained from this office.
This activity has caused me to conclude that you are in violation of the
Coastal Area Management Act since you do not possess a minor development permit
or exemption for this activity.
You are here by requested to IMMEDIATELY CEASE AND DESIST your unauthorized
development activity. If you wish to continue this development at any time, you
must first obtain a CAMA Minor Development Permit, or exemption. Please contact
this office to file an application. NO WORK MAY PROCEED UNTIL A PERMIT OR
EXERTION IS ISSUED. If the development activity completed to date is not
consistent with the applicable standards, you will be required to restore the
land to its former condition and/or bring all aspects of the project into
compliance. A civil assessment of up to $250.00 may be assessed against any
violator. Each day that the developmentactivity 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 (NCSS 113A-126).
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It is the policy of the Coastal Resources Commissioner to levy a minimum
civil assessment of $50.00 against all violators of CAMA Minor Development Permit
requirements. This is done to recover 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 extend of damage
to them. If any requested restoration is not undertaken or completed
satisfactorily, a higher assessment may be levied and a court injunction sought
to order restoration.
The enclosed Restoration Plan describes the action required before any
other work on this project may continue. Please sign the Restoration Agreement
and return it to me by November 1, 1994.
Pending the 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 contact me at 919/354-3338 between
the hours of 8:00-9:00 a.m., 1:00-2:00 p.m., and 4:15-5:00 p.m.
Sincerely
Stephen C. Harrell
Local CAMA Permit Officer
cc: James Mercer,
DCM Field Representative
Peter S. Allen
Town Administrator

r _ •.
RESTORATION PLAN
Remove fill from the wetlands and obtain CAMA Permit and
Building Permit
I, Jerry Humphreys, agree to complete the required restoration outlined in
the above Restoration Plan to the satisfaction of Town of Emerald Isle's Local
CAMA Permit Officer by November 1, 1994 or provide an explanation for non-
compliance and a reasonable request for a time extension.
Jerry Humphreys
DATE
, 1994