18-19A Schutzer

K,
Coastal Management
ENVIRONMENTAL QUALITY
May 7, 2018
Mark and Wendy Schutzer
79 Cranbury Road
Princeton Junction, NJ 08550
MICHAEL S. REGAN
semhny
BRAXTON C. DAVIS
DuecW,
RE. Payment of Proposed Penaltyfor Violations of the Coastal Area ManagementAct,
Dare County, CAMA Violation #1�19A
Dear Mr. & Mrs. Schutzer:
This letter will acknowledge receipt of check #4350 in the amount of $432.00, and dated
04/24/18. Once the amount of the check is credited to the Department of Environmental
Quality's account, this matter will be fully and completely closed.
If you have any further questions concerning this matter, please contact me at my Elizabeth
City office at 252-264-3901.
Sincerely,
Frank Jenni gs, District Manager
Northeastern District
Division of Coastal Management
FJ/eg
cc: Roy Brownlow, Compliance Coordinator, DCM, Morehead City
Ron Renaldi, Coastal Management Representative, DCM RECEIVED
MAY 112018
-'!'Nothing Compares -
State of North Carolina I Environmental Quality I Coastal Management
401 S. Griffin St., Ste 300 1 Elizabeth City, NC 27909
252-264-39011252-331-2951 [fax]

DECEIVED
M ENFORCEMENT TRACKING REPORT MAY 112018
_ DCM-MHD CITY
Issuer ' ._ ) f,(
Rep. �o v, �c.I LJ � (� JViolation Case No.
Rep.
Permit No.
(if applicable)
Was activity permit1able?<!5)/ No
Initial Discovery Date a %d3 13,01e Discovery Method , 5g i d a f 12' e r
Violation Description j-„ }c, Ilt ' aax too, ,'„ Dr, . - lolu i- s2e r it, iihail
on Prior CAMA or D/F Violations: Yesngi Prior Case No:
Respondent Name(s) Ml(-iKte\ ` \,vend
Sc.lr
f'} Z-t f
_ _Etj ndow r/Agent/Contractor)
Address QI ✓'c,nbu VN4 Rc)
_ City iQf,, r�r_e.}oy+
T„�r�,.sn State IUS_
Zip og-5So
\\C
Phone#'L40
Fax#/Email .ap IY\c
r h. A Ro rer3n C
Corporate Name & Registered agent
Violation Type: Project Type:
Authorizations Required:
Site Visits Respondent Site Visits Respondent
No Permit. Private/Community
Major1`91. CAMA
In I
Present
d � I� Q
Present
Q.
Permit Condition GovL/Public
Minor D&F
_
Expired Permit ❑• Commercial
General
Inconsistent w/ Rules Tier Level: 1 II
III
❑.
Q
Violation Location and Site Description
Lat/Long 36.3343ttiS°lki-75.baat, 3-8°tip
Project Location: County C,,r,r C. i Q c. V-- Shoreline Length r 'i Li,
Street Address/ State Road/ Lot #(s) g6 q J)Y,�,r S- JJ D r-. SAV: Not Sure Yes
Lo+ a3y Sandbags: Not Sure Yes 6°
Subdivision N4 n
+ k. a,l 51+of Z.� PNA: Yes � Adjacent
_ - ORW: Yes �No I Adjacent
City. (.Crol\e, ZIP grit -Has- -wee- Uo
Phone # ( _) River Basin auk., �,.,�}-o iC Photos ,NNoo^`
Adj. Wtr. Body C r. �,-c)t So .i, c� re127man /unkn) Waiver Required Yes
1 In DWQ Buffer Area Yes No
r Closest Maj. Wtr. Body Cyr 1vc,IL -5 i nll
Specify DWQ Buffer if applicable:
Restoration
Extension Granted Yes
NOV Date 3h/ /acts
CNOV Date
Penalty Assessment
Sent to Respondent Date
Rcvd. by Dist. Mgr. Date
Assessment Extended Yes No
Initial Red. Comp. Date ylao I acid
Date Comp. Observed
App./Permit Fee
Penalty
Continuing
Restoration Letter
Acceptance Date
7J.0409 Ref.
Rllecomm. Assess.
DCM Assess.
$U'UO .OiJ
$
(al)CA
$
$
Total
)ice CYa

Formal Assessments, Appeals and Reductions
Date Long Form Submitted
Date Formal CPA Submitted
Final Assessment $ Date
Attorney General's Office for Injunction or Formal Collection
Date sent to AG
Assessment Appealed: Yes No
Q Penalty modified
Respondent not responsive to penalty/NOV Injunction to complete restoration
Date Collection Letter Sent Date Demand Letter Sent
Violation Activities and Impacts
AECs Affected:
CW EW CPJA--' ES PTS
OEA HHF IH UBA N/A
PWS: FC:
Restoration Required by the Respondent Yes / No
Wetlands Impacted? Yes /d5�) If yes, which types:
SA DS CJ SY JR LS TY
SS SC SP IF BF 404
NOTES: -44, )( 8 = $ctd W nllowohGc S1�Jly c }In = 2"S-0
i
1,, rr cl b4 MOr}t✓n�i Sholz� 0wr f5
t.JOK S�J C� (� j5 biYl to S{1G(.t •f SJ bc��U'S3w� G f
aSSN M0v kf i Shard csw Ass Ntlln S c r�� 12:jr dock ruin« Fr w
A' Ic Cs '�� tc-..m aSi ,:,ly i-h r�r�d>s✓i e� straw rn i iti !!
M 5%uf�\ i9 rs A-SSn , Ad) .pr�u, I
Closing
Payment Received $ Date Date Case Closed

a
CAMA VIOLATION #19-19A
Michael & Wendy Schutzer
AGREEMENT TO PAY PROPOSED CIVIL ASSESSMENT
I understand that the staff of the Department of Environmental Quality will propose the
assessment of a civil penalty in the amount of $432.00 against me for violation of the
Coastal Area Management Act, NCGS 113A-100 et seq, committed on or near property
located at 864 Drifting Sands Drive in Currituck County, North Carolina. In order to
resolve this matter with no further action or expense on my part, I accept responsibility
for the violation as described in the Notice of Violation letter dated March 19, 2018, and
agree to pay the proposed civil assessment of $432.00.
DATE
qMKIFIAmin/;
SIGNATURE
D' i;eyla
ADDRESS
I
�73,� qc)-LOZ�
TELEPHONE NUMBER
MAY 1 I Z018
s

NC Division of Coastal Management
Cashier's Official Receipt
Received From: //rieA441 sLI747z¢G
Permit No., Lo 1-clia W ZS Zf-4 /'�e—
Applicant's Name: ' W 64a" I y- A& dx L fz- 1C
k/u
Project Address:lL C L/ Ly"A"C- LL, "-
Date: 'S 20
$ . p D
Check No.:
County: y"' f1"'t-
Please retain receipt for your records as proof of payment for permit issued.
Signature of Agent or Applicant: fit°
Signature of Field Representative:
Date:
Date:
RECEIVED
MAY 112018

Coastalmanagernent
ENV.RONMENTA_ QUAU-, V
April 18, 2018
CERTIFIED MAIL #7017 2680 0000 7708 9420
RETURN RECEIPT REQUESTED
Michael & Wendy Schutzer
79 Cranbury Road
Princeton Junction, NJ 08550
RE: CAMA VIOLATION #19-19A
Dear Mr. & Mrs. Schutzer:
ROY COOPER
Governor
MICHAEL REGAN
Seu'eturr
BRAXTON DAVIS
Dw,tm
This letter is in reference to the Notice of Violation dated March 19, 2018 that Ron Renaldi,
representative for the Division of Coastal Management, issued to you for an unauthorized
floating drive -on boat platform installed on an existing pier at 864 Drifting Sands Drive,
Currituck County. The violation involved the Public Trust Area, which is an Area of
Environmental Concern designated by the Coastal Resources Commission.
The Coastal Area Management Act provides that a civil assessment of up to $10,000 plus
investigative costs may be assessed for any violation. It is the policy of the Coastal
Resources Commission to assess a civil penalty for all violations in order to recover some
of the costs of investigating violations and/or to compensate the public for any damage to
its natural resources.
Under the rules of the Coastal Resources Commission, a proposed civil penalty in the
amount of $432.00 is appropriate for this violation. You may expeditiously resolve this
matter prior to the assessment of a formal civil penalty by accepting responsibility for the
violation and paying the amount proposed above. In order to do this, you must: (1) sign
one of the attached copies of an "Agreement to Pay Civil Assessment;" (2) attach a check
or money order for $432.00 made payable to the North Carolina Department of
Environmental Quality (NCDEQ); and, (3) return the signed agreement and payment to
this office in the enclosed, self-addressed envelope within ten (10) days of your receipt of
this letter. Upon deposit of your check in the Department's account, you will receive a
Notice of Compliance officially closing this enforcement action.
If you do not send a signed agreement and payment to this office within ten (10) days,
the Director of the Division of Coastal Management will formally assess a civil penalty
against you. You will then have the opportunity to request a hearing o5wwly or
request settlement of the penalty.
APR 2 3 't018
State of North Carolina I Environmental Quality I Coastal Management DC8Ye-AtltHD CITY
401 S. Griffin Street I Suite 300 1 Elizabeth City, NC 27909
252-264-3901

u
Thank you for your time and cooperation in resolving this important matter. If you have
any questions, please do not hesitate to contact me at [phone].
Sincerely,
/( lztj �� r *�j S
Frank Jennin s
District Manager, Northeastern District
NC Division of Coastal Management
Enclosures
cc: Roy Brownlow, Compliance Coordinator, DCM
Ron Renaldi, Coastal Management Representative, DCM

CAMA VIOLATION #19-19A
Michael & Wendy Schutzer
AGREEMENT TO PAY PROPOSED CIVIL ASSESSMENT
I understand that the staff of the Department of Environmental Quality will propose the
assessment of a civil penalty in the amount of $432.00 against me for violation of the
Coastal Area Management Act, NCGS 113A-100 et sec, committed on or near property
located at 864 Drifting Sands Drive in Currituck County, North Carolina. In order to
resolve this matter with no further action or expense on my part, I accept responsibility
for the violation as described in the Notice of Violation letter dated March 19, 2018, and
agree to pay the proposed civil assessment of $432.00.
DATE
SIGNATURE
ADDRESS
TELEPHONE NUMBER

Coastat Management
ENWRONMEN".AL, QUALM
April 16, 2018
Michael & Wendy Schutzer
79 Cranbury Road
Princeton Junction, NJ 08550
RE: RESTORATION ACCEPTANCE - CAMA VIOLATION #19-19A
Dear Mr. & Mrs. Schutzer:
ROY COOPER
G,rvennr
MICHAEL S. REGAN
>rn'ernry
BRAXTON DAVIS
Dhv,for
This letter is in reference to the Notice of Violation #19-19A sent to you dated March 19, 2018 for an
unauthorized floating drive -on boat platform installed on an existing pier in the Public Trust Area within the
Currituck Sound. The violation took place on your property located at 864 Drifting Sands Drive in or near
the community of Corolla in Currituck County, North Carolina. This unauthorized activity constituted
development and you were requested to submit written documentation from Monteray Shores Owners
Association stating they have no objection to the floating drive -on boat platform being placed adjacent to
their shoreline. In accordance with the North Carolina Administrative Code, Title 15A, Subchapter 7J.0410,
any violation involving development which is inconsistent with guidelines for development within Areas of
Environmental Concern (AEC) must be corrected by restoring the project site to pre -development
conditions to recover lost resources or to prevent further resource damage.
I spoke with Ron Gornstein, the ASC committee chairman representing Monteray Shores Owners
Association on April 10, 2018 and received the email you forwarded from him on April 11, 2018 in which it
was stated that there is no objection to the floating platform. Upon my submission of an enforcement report,
you will be notified as to the amount of the civil penalty for undertaking this unauthorized activity within an
Area of Environmental concern.
Thank you for your attention and cooperation in this matter. If you have any questions pertaining to this
matter, please feel free to call me at [phone].
Sincerely,
Ron Renaldi
Field Representative
NC Division of Coastal Management
Cc: Frank Jennings, District Manager, DCM RECEIVED
Roy Brownlow, Compliance Coordinator, DCM
Kathy Scott, General Manager, Monteray Shores, Corolla
APR 192018
DCM-MFID CITY
State of North Carolina I Environmental Quality I Coastal Management
401 S Gruen Street I Suite 3001 Elizabeth City, NC 27909
252-264-3901

PY
Coastal Management
ENVIRONMENTAL 41UA.ITV
NOTICE OF VIOLATION
March 19, 2018
CERTIFIED MAIL #7017 2680 0000 7708 9383
RETURN RECEIPT REQUESTED
Michael & Wendy Schutzer
79 Cranbury Road
Princeton Junction, NJ 08550
ROY COOPER
cote""'
MICHAEL S. REGAN
Smrm,n,
BRAXTON DAVIS
Dire, nu'
RE: NOTICE OF VIOLATION AND REQUEST TO CEASE UNAUTHORIZED DEVELOPMENT
CAMA VIOLATION # 19A
Dear Mr. & Mrs. Schutzer:
This letter confirms that on February 23, 2018, 1 was onsite at your property located at 864 Drifting Sands Drive
adjacent to the Currituck Sound located in or near Corolla, within the Monterey Shores subdivision, Currituck
County, North Carolina. The purpose of the visit was to investigate the unauthorized development of a floating
drive -on boat platform installed on an existing pier within the Currituck Sound. This letter also confirms our phone
conversations on February 28 and March 9, 2018 as well as a March 1, 2018 email.
Information gathered by me for the Division of Coastal Management indicates that you have undertaken major
development in violation of the Coastal Area Management Act (CAMA). No person may undertake Major
Development in a designated Area of Environmental Concern (AEC) without first obtaining a permit from the
North Carolina Department of Environmental Quality. This requirement is imposed by North Carolina General
Statute (N.C.G.S.)113A-118.
I have information that indicates you have undertaken or are legally responsible for the installation of a floating
±22'x9' drive -on boat platform on an existing pier and platform that is located on a shoreline designated as a
subdivision open space area owned by Monteray Shores Owners Association. This activity took place in the
Public Trust Area and Estuarine Waters that are contiguous with the Currituck Sound. The Public Trust Area and
Estuarine Waters areas are designated as Areas of Environmental Concern (AEC). No CAMA permit was issued
to you for work in these areas. 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. A civil assessment of up to $10,000
plus investigative costs 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
$10,000. An injunction or criminal penalty may also be sought to enforce any violation in accordance with N.C.G.S.
113A-126.
State of North Carolina I Enviromnental Quality I Coastal Management
401 S. Gtiffm Street I Suite 3001 Elizabeth City, NC 27909
252-264-39021252-331-2951 (fax)
MARL%2018
DCM_ MHD (09`Yz�'

It is the policy of the Coastal Resources Commission to assess a civil penalty plus investigative costs against all
violations. 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. The amount assessed will depend upon several factors, including the
nature and area of the resources that were affected and the extent of the damage to them.
Based upon the North Carolina Administrative Code, Title 15A, Subchapter 07H.1200 General Permit for
Construction of Piers and Docking Facilities, the activity you have undertaken, the installation of a floating drive -
on boat platform in the Public Trust Area and Estuarine Waters AECs, is not consistent with 07H.1204(a) which
states piers and docking facilities authorized by the general permit are for the exclusive use of the riparian
landowner. In this case, Monteray Shores Owners Association is the riparian landowner. In 2004, Monteray Shores
Owners Association requested and received permission from Currituck County to allow non -riparian property
owners adjacent to the open space area to construct piers through the open space into the Currituck Sound if they
approved of the development prior to permit issuance. Therefore, I am requesting that you submit written
documentation from Monteray Shores Owners Association stating they have no objection to the floating drive -on
boat platform. If this document cannot be provided, then the removal of the platform will be required.
The enclosed Restoration Plan describes the action necessary to bring this project into compliance with the Act.
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 refusal to cooperate and will result in a Notice of Continuing Violation, as well
as a court injunction being sought 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 near future to determine whether this
REQUEST TO CEASE AND DESIST has been complied with.
Thank you for your time and cooperation in resolving this important matter. If you have any questions about this
or related matters, please call me at [phone]. Upon completion of the restoration as requested in the
Restoration Plan Agreement to the satisfaction of the Division of Coastal Management, you will be notified as to
the amount of the civil assessment for undertaking development without first obtaining the proper permit(s)
and/or development that is inconsistent with Coastal Resources Commission rules.
Sincerely,
Ron Re i
Coastal Management Representative
Cc: Roy Brownlow, District Manager, DCM
Kathy Scott, General Manager, Monteray Shores, Corolla
ENCLOSURE

RESTORATION PLAN
For
Michael & Wendy Schutzer
CAMA Violation No. 18-19A
Property located at 864 Drifting Sands Drive, Currituck County
Submit written documentation from Monteray Shores Owners Association stating they
have no objection to the floating drive -on boat platform. If this document cannot be
provided, then the removal of the platform will be required.
We, Michael & Wendy Schutzer, agree to the above restoration requirements.
We agree to complete this restoration to the satisfaction of the Division of Coastal Management (DCM) by April
20, 2018, or provide an explanation for non-compliance and a reasonable request for time extension. When
corrective actions are complete, I will notify the DCM so the work can be inspected.
SIGNATURE:
DATE:
It is the policy of the Coastal Resources Commission to assess a civil penalty plus investigative costs against all violations. The amount
assessed will depend upon several factors, including the nature and area of the resources that were affected andtheextent of the
ge
damage to them. If restoration is not undertaken or satisfactorily completed, a substantially higher civil a*'F_nV nd an
injunction sought to require restoration. l�
MAR 2 2018