Notice of Violation_Fleming, Douglas_19971120

CARTERET COUNTY COURTHOUSE
CENTRAL PERMIT OFFICE OF
COURTHOUSE SQUARE
BEAUFORT, N.C. 2851 6-1898
728-8545
BUILDINGS. MOBILE HOMES. ELECTRICAL. PLUMBING. MECHANICAL
NOTICE OF VIOLATION
CERTIFIED MAIL
RETURN RECEIPT REQUESTED
DOUGLAS FLEMING
P.O.BOX 1555
ATLANTIC BEACH, N.C. 28512
DATE: NOVEMBER 20, 1997
RE: NOTICE OF VIOLATION
Dear Mr. Fleming:
W, 0
NOV 1 1997
COASTAL MANAGEMENT
MOREHEAD
This letter confirms that I was at Sea Breeze Mobile Home Park in
Indian Beach, adjacent to the Atlantic Ocean in Carteret County,
N.C. on November 4, 1997, to investigate the possibility of
development activity in an Ocean High Hazard Area without proper
authorization. My visit verified that a storm drainage system has
been installed at the southeast corner of the mobile home park
continuing to the beach floor.
No person may undertake activity constituting major development
within a designated AEC without first obtaining a Minor Development
Permit from the North Carolina Department of Environment, 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>. It is my judgement as a CAMA Local Permit
Officer, with permitting authority over this project area, that
this project area, that this project is effectively completed.
Since after -the -fact permits may not be issued, I am initiating
enforcement action by issuing this Notice of Violation.
I request that you IMMEDIATELY CEASE AND DESIST any further
unauthorized development activities within designated AECs on this
property. If the development completed to date 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. 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 113-A-126).
It is the policy of the Costal Resources Commission to levy a
minimum civil assessment of Fifty Dollars ($50.00) against all
violators of CAMA Minor Development Permit requirements. 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, the
extent of the damage to the resources, and whether full cooperation
is forthcoming in bringing the project into compliance.
The enclosed Restoration Plan describes the action necessary to
bring this project into compliance with the Act. Please sign the
Restoration Agreement and returned to me by December 5, 1997.
If the requested restoration is not undertaken or completed
satisfactorily, a higher civil assessment may be levied and a court
injunction sought to order restoration.
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.
Sincere
Chris es
CAMA Local Permit Officer
cc: Department of Coastal Management

RESTORATION PLAN
Remove the Storm Drainage System, and restore the dune with sand to
be brought in from an outside source and must be of the same nature
as the sand in the area which it is to be placed.
I, Douglas Fleming, agree to complete the required restoration
outlind in the above Restoration Plan to the satisfaction of
Carteret County's CAMA Local Permit Officer by December 5, 1997
or provide an explanation for non-compliance and a reasonable
request for a time extension.
Signature
Date ,19,