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.