04-51C_Smith, Alton_20041206

A
Katrina F. Marshall, AICP
Director
i
CARTERET COUNTY
DEPARTMENT OF
PLANNING & DEVELOPMENT
Main Office:
Courthouse Square
Beaufort, NC 28516-1898
Tel: [phone]
[phone]
Fax: [phone]
CERTIFIED MAIL
RETURN RECEIPT REQUESTED
NOTICE OF VIOLATION
December 6, 2004
Mr. Alton Smith
473 Race Track Road
La Grange, North Carolina 28551
Western Office:
701 Cedar Point Blvd.
Cedar Point, NC 28584-8013
Tel: [phone]
Fax: [phone]
PS.yt 1 tv.
I
DEC 0 3 2004
Morehead City DCM
Re: Notice of Violation and request to cease unauthorized development
CAMA Minor Violation Case No. 04-51 C
Dear Mr. Smith:
This letter confirms that on December 2, 2004, Sammy Graham, Building Inspector, Tere
Barrett, District Manager, Mark Hardenmann, Field Officer, Ryan Davenport, Field
Officer, and Alton Smith, owner were onsite at your property located at 109 Tranquility
Court, Beaufort, North Carolina, adjacent to Wards Creek located off Tranquility Court,
in or near Beaufort, Carteret County, North Carolina. The purpose of the visit was to
investigate unauthorized development of fill adjacent to Wards Creek.
Information gathered by me shows that you have undertaken minor development in
violation of the Coastal Area Management Act. No person may undertake minor
development in a designated Area of Environmental Concern without first obtaining a
permit from the North Carolina Department of Environment and Natural Resources,
North Carolina General Statutes (N.C.G.S.) 113A-118.
I have information that you have undertaken, or are legally responsible for, minor
development by placing fill within the 30-foot buffer of an AEC on the aforementioned
property. This activity took place in the Estuarine Shoreline of Wards Creek that is
contiguous with the North River. Wards Creek and North River areas are designated as
Areas of Environmental Concern (AEC). No permit was issued to you for work in this
area. Based on these findings, I am initiating an enforcement action by issuing this
Notice of Violation for violation of the Coastal Area Management Act.
I request that you IMMEDIATELY CEASEAND DESIST any further development and
contact me about this important matter. A civil assessment of up to $250.00 may be
assessed against any violator. Each day that the development described in this Notice is
continued or repeated may constitute a separate violation that is subject to an additional

assessment of $250.00. An injunction or criminal penalty may also be sought to enforce
any violation in accordance with N.C.G.S. 113A-126.
It is the policy of the Coastal Resources Commission to assess a minimum civil penalty
of $100.00 against all violations of this type. This is done to recoup some of the costs of
investigating the violation and/or to compensate the public for any damage to its natural
resources. Whether a higher amount will be assessed will depend on several factors,
including the nature and area of the resources affected and the extent of the damage to
them. If restoration of the affected resources is requested, but is not undertaken or
completed satisfactorily, a substantially higher civil penalty will be assessed and a court
injunction will be south ordering restoration.
Based upon the North Carolina Administrative Code, Title 15A, Subchapter 07H State
Guidelines for Areas of Environmental Concern, the activity you have undertaken,
placing fill within the 30-foot buffer of an AEC in Wards Creek, is not consistent with
Section 07H.0209 (d)(10) which defines the buffer rules. Therefore, I am requesting that
you remove all fill material from within 30' of the Normal High Water line as flagged by
CAMA on December 2, 2004. Upon completion of fill removal you will need to stabilize
the area with silt fence or other sedimentation or erosion control methods. After
completing this restoration, a CAMA Minor Permit will be required for further
development on this lot. Please refer to the enclosed Restoration Agreement.
If you intend to cooperate with my request, please sign one of the attached Restoration
Agreements and return it to me in the enclosed, self-addressed envelope within ten (10)
days of receipt of this letter. Failure to comply with this request or respond back to this
office prior to the requested deadline with an acceptable schedule for compliance with be
interpreted as a refusal to cooperate and will result in a Notice of Continuing Violation,
as well as a court injunction being south ordering compliance.
The relevant statutes and regulations are available from this office, and I am willing to
assist you in complying with the requirements of these laws. A site inspection will be
made in the immediate future to determine whether this REQUEST TO CEASE AND
DESIST has been complied with. I request that you contact me immediately.
Thank you for your time and cooperation in resolving this important matter. Upon my
submission of an enforcement report to the District Manager, you will be notified as to
the amount of a civil assessment for undertaking development without first obtaining the
property permit.
Sincerely,
Sammy Graham
Local Permit Officer
SG:kr

cc: Tere Barrett
DCM
District Manager
c Mark Hardemann
DCM
Field Officer
cc: Roy Brownlow
Compliance Coordinator

RESTORATION PLAN
For
Alton Smith's Property
Property located at 109 Tranquility Court, Beaufort,
North Carolina, Carteret County
Based upon the North Carolina Administrative Code, Title 15A, Subchapter 07H State
Guidelines for Areas of Environmental Concern, the activity you have undertaken,
placing fill within the 30-foot buffer of an AEC in Wards Creek, is not consistent with
Section 07H.0209 (d)(10) which defines the buffer rules. Therefore, I am requesting that
you remove all fill material from within 30' of the Normal High Water line as flagged by
CAMA on December 2, 2004. Upon completion of fill removal you will need to stabilize
the area with silt fence or other sedimentation or erosion control methods. After
completing this restoration, a CAMA Minor Permit will be required for further
development on this lot. Please refer to the enclosed Restoration Agreement.
I, Alton Smith, agree to remove all fill material from within 30' of the Normal High
Water line as flagged by CAMA on December 2, 2004. After completing this restoration,
a CAMA Minor Permit must be obtained for further development on this lot.
I agree to complete this restoration to the satisfaction of the Division of Coastal
Management by January 10, 2005, or provide an explanation for non-compliance and a
reasonable request for time extension.
Signature:
Date:
It is the policy of the Coastal Resources Commission to levy a minimum civil assessment $50.00 and
higher against all violations of this type depending upon the damage to the resources. If restoration is not
undertaken or satisfactorily completed, a substantially higher civil assessment will be levied and an
injunction sought to require restoration.

01/10/2005 02:04 2527286643 CARTERET CTY P I PAGE 01 Av'�4_
%.'Hiv1A'vKU,JECT TRACKING SHEET
Applicant's Name; —ov
Property Address;
Dates of Site Visits: C�,S
Exemption: Permit: Number,
50 Application to be re-.:ume:d for the following reasons:
all �'L cat, erk.5 , 0 •a/,/,
6
Date Returned:
l Ala a..5
Application considered accurate and complete for processing? —
Date:
The following. sits -specific observations have been made:
E] The following conditions to be inciudbd on the permit (in addition to standard conditions):,
pates of follow-up visits:
Final Inspection Date:
E] Project determined to be in complaianGe with permit
Project determined to be out of campliance with permit
Action taken to bring project into compliance with LAMA:
LPO; Date: