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HomeMy WebLinkAboutNot Given_Hill, Robert_19950420TOWN OF ATLANTIC BEACH 125 WEST FORT MACON ROAD ATLANTIC BEACH, NORTH CAROLINA CERTIFIED MAIL # P 357 212 008 May 17, 1995 Mr. Robert Hill P.O. Box 6159 Kinston, NC 28501 REFERENCE: Notice of Violation , Dear Mr. Hill: D r""717 MAY 2 This letter confirms that I was at 112 Club Colony, Atlantic Beach, NC in Carteret County, NC., on April 20, 1995 to investigate the possibility of development activity in an Area of Environmental Concern without proper authorization. My visit verified that disturbance of the frontal dune had taken place. No Minor Development Permit has been issued for this development activity. No person may undertake activity constituting minor development within a designated AEC without first obtaining a Minor Development Permit from the NC Department of Natural Resources and -Community Development or a local government with an approved Coastal Area Management Implementation and Enforcement Program. This requirement is imposed by NC General Statutes 113A-118. It is my judgement as the CAMA Local Permit Officer with permitting authority over 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 the frontal dune area on this property. A civil assessment of up to $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 113A-126). It is the policy of the Coastal Resources Commission to levy a minimum civil assessment of $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 POST OFFICE BOX 10 • ATLANTIC BEACH, NORTH CAROLINA 28512 • (919) 726-8380 • FAX (919) 726-5115 Mr. Robert Hill May 17, 1995 May -2- 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 return it to me by May 31, 1995. 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. Sincerely, Ll d C. Wood Local CAMA Permit Officer cc: Charles Pigott, CAMA Morehead City Office RESTORATION PLAN 1. Reconstruct frontal dune. 2. Plug beach grass one per square feet of disturbed area. 3. Cover with fiber net to prevent soil erosion. 4. Provide maintenance of beach grass until the grass roots are well established. 5. Items 1, 2, and 3 must taken place within 30 days of this notice. I, ROBERT HILL, AGREE TO COMPLETE TO REQUIRED RESTORATION OUTLINED IN THE ABOVE RESTORATION PLAN TO THE SATISFACTION OF THE TOWN OF ATLANTIC BEACH'S CAMA LOCAL PERMIT OFFICER BY MAY 31, 1995, OR PROVIDE AN EXPLANATION FOR NON-COMPLIANCE AND A REASONABLE REQUEST FOR A TIME EXTENSION. Signature Date