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HomeMy WebLinkAboutNot Given_Hill, Robert O._19950118TOWN OF ATLANTIC BEACH 125 WEST FORT MACON ROAD ATLANTIC BEACH, NORTH CAROLINA CERTIFIED MAIL RETURN RECEIPT REQUESTED Mr. Robert 0. Hill Post Office Box 6159 Kinston, NC 28501 RE: NOTICE OF VIOLATION AND STOP WORK ORDER Dear Mr. Hill: 'M4"I6N 811 ON* • •rNew"OSrM January 18, 1995 This letter confirms that on January 20, 1995, I was onsite your property at 202 Club Colony Drive, in the Town of Atlantic Beach, in Carteret County, NC. The purpose of my site visit was to investigate the possibility of development activity in the Ocean Hazard Area of Environmental Concern (AEC) without proper authorization. My investigation revealed that the living area of the residence was extended onto an existing porch (i.e., an area approximately 8' X 19' was enclosed, thus enlarging the living room) and a new 10' X 20' porch was added towards the ocean. Both activities involved development waterward of the established erosion setback line. 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 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. The aforementioned 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 for this activity. You are hereby requested to IMMEDIATELY CEASE AND DESIST your unauthorized development activity. Since the development activity is inconsistent with the use standards for the Ocean Hazard Areas AEC, you are requested to bring all aspects of the project into compliance. A civil penalty 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 113A-126). POST OFFICE BOX 10 • ATLANTIC BEACH, NORTH CAROLINA 28512 • (919) 726-8380 • FAX (919) 726-5115 Robert O. Hill 18 January 1995 Page 2 It is the policy of the Coastal Resources Commiossion 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 investigation 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 damage to them. If any requested restoration is not undertaken or completed satisfactorily, a higher civil assessment may be levied and a court injunction sought to order restoration. The enclosed Restoration Agreement describes the action required before any other work on this project may continue. Specifically, you are requested to un-enclose the new 8' X 19' room extension restoring it to its original condition and to remove the new 10' X 20' porch. Please sign the Restoration Agreement and return it to me by February 18, 1995. 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, L�e dC. Wood CAMA Local Permit Officer cc: ,Charles S. Jones M. Ted Tyndall ' Mr. Robert O. Hill 18 January 1995 Page 3 RESTORATION AGREEMENT for Robert O. Hill, in Atlantic Beach, Carteret County, NC I, Robert O. Hill agree to remove the unauthorized structures I constructed or had constructed at 202 Club Colony Dr. in Atlantic Beach, Carteret County, NC. Specifically, I agree to un enclose the 8' X 19' room extension (to its original condition) and to remove the new 10' X 20' porch. I agree to complete this restoration to the satisfaction of the Town of Atlantic Beach by 18 February 1995 or provide an explanation for non-compliance and a reasonable request for time extension. Robert O. Hill DATE: , 1995 11 J�obert.}f�c! G'a�rstruct�on G'a. ,��� �o� �,o� fit/ Hwy. 258 N. r l P.O. Box 6159 Kinston, NC 28502.6159 Telephone (919) 523-9094 Facsimile (919) 527-4525 January 30, 1995 FEB 0 19 Mww.+ -------- 60000"ee'M Town of Atlantic Beach Attention: Mr. Lloyd C. Wood, CAMA Local Permit Officer P. O. Box 10 Atlantic Beach, NC 28512 Re: Notice of Violation and Stop Work Order Dated January 18, 1995 Dear Mr. Wood: I, Robert O. •Hill, Sr., do agree to remove the new 10' X 20' porch as described in the restoration agreement dated January 18, 1995 by February 18, 1995. I would, however, request that the recently constructed exterior walls of the existing porch be allowed to remain until the Coastal Resources Commission considers the amendments to their rules which were recently. taken to public hearing on January 26, 1995. It is my understanding that if these rules are adopted, the porch could remain enclosed and restoration would not be needed. If the rules are not adopted by May 31, 1995, I agree to remove the enclosure as specified in the restoration agreement. cc: Charles S. Jones M. Ted Tyndall Sincerely, Robert O. Hill, Sr. President - ROBERT HILL CONSTRUCTION CO.