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Mr. Robert Gochenour
785 Thorofare Road
Crimoria, VA 24431
l�he oron of Emerald
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CPhone (252)354- 424 iux (252) 3545066
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NOTICE OF VIOLATION
April 5, 2007
RE: NOTICE OF VIOLATION AND REQUEST TO CEASE UNAUTHORIZED DEVELOPMENT
CAMA MINOR VIOLATION #07-10C
Dear Mr. Gochenour:
This letter confirms that on April 23, 2007, you, Mrs. Gochenour, Jim Taylor, Chief Code Enforcement
Officer and Mr. Kevin Reed, Planning & Inspections Director representing the Town of Emerald Isle were
onsite at your property located at 1205 Ocean Drive adjacent to the Atlantic Ocean located in Emerald Isle,
Carteret County, North Carolina. The purpose of the visit was to investigate unauthorized development of
minor development of land disturbing activity within the Ocean Hazard Area of Environmental Concern.
This letter also confirms a previous visit to the property by Tere Barrett, Ed Brooks with NC Division of
Coastal Management and me on March 28, '2007 to investigate the unauthorized activity within the area of
environmental concern.
Information gathered by and/or the NC Division of Coastal Management 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 enclosing
between the pile foundation of the existing elevated structure with pressure treated walls measuring
approximately ±36" above grade level on the east, west, and south side of existing structure disturbing,
grading and filling the dune area within the Ocean High Hazard Area on the aforementioned property on the
south side of the existing house and to the west side of the beach access way. The disturbed area is on
the top and seaward of the bottom toe of the berm created relative to the large scale beach renourishment
project Phase I of 2002. A dune area approximately ±37' long by ±61' wide Lf2,257 sq. ft) has been filled
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via sand removal from underneath the existing elevated structure (single family residence) measuring ±55'
long by ±39' wide (±2,145 sq. ft.) by mechanical means. The area has been recently filed and graded due
to the appearance of tractor fire ruts, lack of vegetation in the disturbed area, and the surface has been
recently raked smooth. Dune vegetation has been disturbed and covered in the impacted area on the
aforementioned property. This activity took place in Ocean Hazard Area of Environmental Concern that is
contiguous with the Atlantic Ocean. Ocean Hazard 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 CEASE AND DESIST any further development and contact me about this
important matter. A civil assessment of up to $250 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. 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 $250 fine against
all violations of this type. Yids is done to recoup some of the costs of investigating the violation andfor 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 sought
ordering restoration.
Based upon the North Carolina Administrative Code, Title 15A, and Subchapter 07H. State Guidelines for
Areas of Environmental Concern, the activity you have undertaken unauthorized minor development by
enclosing between the pile foundation of the existing elevated structure, disturbing, grading and filling the
dune area within the Ocean High Hazard AEC, is not consistent with Section Title 15A NCAC
71-1.0306(a)(3), which requires that development (enclosing, grading and filing) shall be landward of the
long term erosion setback line as measured from the static first fine of stable natural vegetation on your
property, which is sixty (60) feet. The enclosure between the piles of the existing elevated structure at
grade level located on the east, west and south side perimeter of said building and the land disturbing
activity on your property occuned on top of and seaward of the bottom toe of the berm created by
placement of sand relative to the large scale beach nourishment project Phase I of 2002. Therefore, I am
requesting that the enclosing walls be removed from between the piles of the existing elevated structure
and the adversely impacted area be restored to its predevelopment condition by removing the filled area.
The restored area shall then be provided with a stabilizing cover of appropriate dune vegetation or other
landscaping measures to stabilize the restored area. 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 will be interpreted as a refusai to cooperate and will result in a Notice of
Continuing Violation, as well as a court injunction being sought ordering compliance.
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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. 1 request that you
contact me immediately.
'shank you for your time and cooperation in resolving this important matter. Upon completion of the
restoration as requested in the Restoration Plan Agreement to the satisfaction of the Local Permit Officer,
you will be notified by the Division of Coastal Management as to the amount of a civil assessment for
undertaking development without first obtaining the proper permit(s).
Sincerely,
James W. Taylor
Local Permit Officer
Cc: Tere Barrett, District Manager, DCM
Ryan Davenport, Coastal Management Representative, DCM
Roy Brownlow, Compliance Coordinator, DCM
Attachments
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RESTORATION PLAN
For
Robert Gochenour
CAMA Minor Violation #07-10C
Property located at 1205 Ocean Drive, Emerald Isle, Carteret County
1. Walls enclosing between the pile foundation of the existing elevated
structure approximately ±36" above grade located on the east, south, and
west perimeter shall be removed. Please refer to Attachment 2 & 3.
2. The adversely impacted area measuring ±37' long by ±61' wide (±2,257 sq.
ft.) shall be restored to its predevelopment condition by removing the filled
area. Refer to Attachment 1 & 4.
You may utilize mechanical means to assist in the removal process,
however, strict attention shall be adhered to so as not to disturb the original
topography. The area then shall be raked smooth. The restored area shall
then be provided with a stabilizing cover of appropriate dune vegetation to
stabilize the restored area. Refer to Attachment 5 for dune planting,
distribution, spacing and protocol. All seedlings and cuttings shall be
indigenous plant material. The total restored area encompasses ±2, 257
sq. ft. The preferred distribution of plants throughout the restoration plan is
75% sea oats (uniola paniculata) and 25% bitter panicum (panicum
amarum).
I, Robert Gochenour, agree to complete this restoration to the satisfaction of the Local Permit Officer by
May 5, 2007, or provide an explanation for non-compliance and a reasonable request for time extension.
When corrective actions are complete, I will notify the Local Permit Officer so the work can be inspected.
SIGNATURE:
DATE:
It is the policy of the Coastal Resources Commission to levy a minimum civil assessment of $ZZO and higher against all violeyons of
this type dependfng upon the damage to the resources. If restaraLion is not undertaken or satread"y completed, a substantially
higher clvil assessment wilt be levied and an injunction sought to require restoration.
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Attachment 1
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Attachment 2
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Attachment 4
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ATTACHMENT 5
(1) Planting Distribution and Spacing
(1.1) Distribution
The preferred distribution of plants throughout the project is 76% Sea Oats (Uniole paniculata) and 20-
25% Bitter Panicum (Panicum amarum).
(1.2) Spacing
The specifications concerning the overall spacing of plants is presented in tabular form below (Table 1).
The particular order of plantings is random, i.e., Bitter Panicum does not have to be placed in row 3 only,
rather the type of plant can be distributed among any row and in any order. The first row shall be
positioned as close or on the toe of the dune as practical.
LOCATION
ROW ID
SPACE OF PLANTS ALONG
SAME ROW
SPACES BETWEEN
ROWS
Toe of Dune
Row 1
18 inches
First row
Row 2
18 inches
1 foot
Row 3
2 feet
2 foot
Row 4
2 feet
2 foot
Row 5
2 feet 2 foot
Row 6
2 feet 2 foot
Row 7
2 feet 2 foot
Row 8
2 feet 2 foot
Row 9
3 feet
3 foot
Row 10
3 feet
3 foot
Row 11
3 feet
3 foot
Row 12
3 feet
3 foot
Row 13
3 feet
3 foot
Row 14
3 feet
3 foot
Row 15
3 feet
3 foot
Row 16
3 feet
3 foot
Row 17
3 feet
3 foot
Row 18
3 feet
3 foot
Row 19
3 feet
3 foot
Berm
Row 20
3 feet
3 foot
TOTALS
49FEET
(2) Planting Source, Protocol, and Type
(2.1) Source
All seedlings and cuttings used for the project must be indigenous plant material.
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(2.2) Protocol
The application of one level teaspoon of Osmocote slow -release fertilizer (15-6-12) is required per
planting hole and all plants shall be installed 13 inches below surface. All newly installed plants shall be
initially irrigated until thoroughly saturated with water. The contractor is responsible for providing potable
water to the site. All plantings shall have moist and vigorous root systems free of rot, disease, or
discoloration at the time of installation.
(2.2.1) Sea Oats
Each planting unit shall consist of at least two seedlings per hole and should not exceed 16 inches in
height measured from the top of the root ball to the apical meristem.
(2.2.2) Bitter Panicum
Root cuttings of Bitter Panicum must be used with one cutting per planting hole. Rhizomes are not
accepted.
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