04-17A White

e�A
NCDENR
North Carolina Department of Environment and Natural Resources
Division of Coastal Management
Michael F. Easley, Governor Charles S. Jones, Director William G. Ross Jr., Secretary
July 9, 2004 FPSTUED.
Evangeline White JUL 12 2004
1100 Riverside Ave
Elizabeth City, NC 27909 Morehead City DCM
RE: Payment of Proposed Penalty for Violations of the Coastal Area Management Act,
CAMA Violation #04-17A
Dear Evangeline White:
This letter will acknowledge receipt of your Check #7373, in the amount of $50, and dated July
5, 2004. Once the amount of the check is credited to the Department of Environment and Natural
Resources' account, this matter will be fully and completely closed.
If you have any further questions concerning this matter, please contact me at [phone].
Sincerely,
ed Samps% tf�
District Manager
cc; Xd Tyndall, Assistant Director, Division of Coastal Management
vvv Roy Brownlow, Compliance Coordinator, Division of Coastal Management
1367 U.S.17 South, Elizabeth City, North Carolina 27909
Phone: [phone] \ FAX: [phone] \ Internet: www.necoastalmanagement.net
An Equal Opportunity \ Affirmative Action Employer —30% Recycled by Fiber Weight

��
u:
v

nA
NCDENR
North Carolina Department of Environment and Natural ResourcesF���q�a�� �ooA
Division of Coastal Management �tiOG���
Michael F. Easley, Governor Charles S. Jones, Director William G. Ross Jr., Secre�nd+`Np
CAMA VIOLATION #04-17A
AGREEMENT TO PAY PROPOSED CIVIL ASSESSMENT
I understand that the staff of the Department of Environment and Natural Resources will propose
the assessment of a civil penalty in the amount of $50 against me for violation of the Coastal
Area Management Act, NCGS 113A-100 et se , committed on or near my property at 4919
North Virginia Dare Trail in Kitty Hawk, Dare 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 May 12, 2004, and agree to pay the proposed
civil assessment of $50.
DATE
AMA
//UOl�IvGrs, �vv
SIGNATURE
1 P,0, 141,
ADDVSS In
z-
TELEPHONE NUMBER
1367 U.S. 17 South, Elizabeth City, North Carolina 27909
Phone: [phone] \ FAX: [phone] \ Internet: www,nccoastalmanagement.net
An Equal Opportunity \ Affirmative Action Employer— 30% Recycled by fiber Weight

14-Jul-04 NC DIVISION OF COASTAL MANAGEMENT ENFORCEMENT RECORD
F CASE NUMBER LAST NAME
O FIRST NAME BUSINESS NAME:
04-17A Bunn Evangeline
0 CASE IS CLOSED
------------------ AFFLILIATION SECTOR previous Violations in Same AEC
NOV DATE CLOSURE DATE PROPERTY OWNE PRIVATE ❑ for Similar Activities
5/12/2004 rr
MAILING ADDRESS CITY STATE ZIP CODE PHONE NUMBER
1100 Riverside Ave Elizabeth City NC 27909-
PROPERTY ADDRESS COMMUNITY WATERBODY NEAREST ROAD
4919 N. Virginia Dare Trail Kitty Hawk Atlantic Ocean
DISTRICTOFFICE_ COUNTY DCM REPRESENTATIVE LPO CONTACT
ECDO DARE ZAHARIAS I.__�...
VIOLATION TYPE
MINOR CAMA AEC TYPE OH
NATURE OF VIOLATION
Unauthorized minor development by installing sand fencing parallel to the shoreline waterward of the crest
frontal or primary dune.
_.RESTORATION STATUS
❑ RESTORATIONS NOT REQUIRED - CONTRACTOR
❑ RESTORATION NOT REQUIRED - PERMITTABLE DEVELOPMENT
[-]','RESTORATION NOT REQUIRED - FURTHER IMPACTS
❑ RESTORATION PENDING
I PENALTY STATUS -- -- - ---
❑� PENALTY ISSUED
❑ PENALTY NOT ISSUED
❑ CONRACTOR'S FIRST OFFENSE
RESTORATION REQUEST DATE
COMPLETION DATE
5/21/2004
5/25/2004
❑ RESTORATION EXTENDED RESTORE DATE
DEADLINE
EXTENDED
❑ REFERRED TO AG'S OFFICE - COLLECTION
❑ REFERRED TO AG'S OFFICE - INJUNCTION
ASSESSMENT DATE PENALTY AMOUNT COLLECTION DATE AMOUNT COLLECTED
6/4/2004 $50 1 7/9/2004 _.�$50 .�
❑ WILLFUL INTENTIONAL PENALTY (MIN. OR DOUBLED) ❑ CNOV ISSUED
Ll SETTLED, AGREED UPON, OR STIPULATED PENALTY ❑ PENALTY APPEALED
❑ UNCOLLECTIBLE PENALTY
Violations Involving Adversely Impacted Resources
AMOUNT OF ADVERSELY DISTURBED AREA (SO. FT.) �—
AMOUNT OF RESTORED AREA (SQ. FT) I
NOTES
❑ FORMAL CPA ISSUED

w
NCDENR
North Carolina Department of Environment and Natural Resources
Division of Coastal Management
Michael F. Easley, Governor Charles S. Jones, Director William G. Ross Jr., Secretary
June 4, 2004�;
CERTIFIED MAIL
JUN 4 2004
RETURN RECEIPT REQUESTED 1
Evangeline White & Sharon Bunn Morehead City DCM
1100 Riverside Ave
Elizabeth City, NC 27909
RE: CAMA VIOLATION #04-17A
Dear Evangeline White & Sharon Bunn:
This letter is in reference to the Notice of Violation sent to you by the Division of Coastal
Management on May 12, 2004 for installing nonconforming sand fencing at 4919 North
Virginia Dare Trail in Kitty Hawk, Dare County. This violation occurred in the Ocean Hazard
Area, which is an Area of Environmental Concern (AEC) designated by the Coastal Resources
Commission.
The Coastal Area Management Act provides that a civil assessment of up to $250 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 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
$50 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 $50 made payable
to the North Carolina Department of Environment and Natural Resources (NCDENR); 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 on the penalty or request remission of the
penalty.
1367 U.S.17 South, Elizabeth City, North Carolina 27909
Phone: [phone] \ FAX: [phone] \ Internet; www.nccoastalmanagement.net
An Equal Opportunity \ Affirmative Action Employer— 30% Recycled by Fiber Weight

June 4, 2004
Evangeline White & Sharon Bunn
NOV #04-17A
Page 2
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,
ed Samfrson
District Manager
Enclosures: Agreement and envelope
cc: /edTyndell, Assistant Director, Division of Coastal Management
Brownlow, Compliance Coordinator, Division of Coastal Management

NCDENR
North Carolina Department of Environment and Natural Resources
Division of Coastal Management
Michael F. Easley, Governor Charles S. Jones, Director William G. Ross Jr., Secretary
CAMA VIOLATION #04-17A
AGREEMENT TO PAY PROPOSED CIVIL ASSESSMENT
I understand that the staff of the Department of Environment and Natural Resources will propose
the assessment of a civil penalty in the amount of $50 against me for violation of the Coastal
Area Management Act, NCGS 113A-100 et seq, committed on or near my property at 4919
North Virginia Dare Trail in Kitty Hawk, Dare 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 May 12, 2004, and agree to pay the proposed
civil assessment of $50.
DATE
SIGNATURE
ADDRESS
TELEPHONE NUMBER
1367 U.S. 17 South, Elizabeth City, North Carolina 27909
Phone: [phone] \ FAX: [phone] \ Internet: www.nccoastalmanagement.net
An Equal Opportunity \ Affirmative Action Employer- 30% Recycled by Fiber Weight

C, c�✓L
NCDENR
North Carolina Department of Environment and Natural
Division of Coastal Management
Michael F. Easley, Governor Charles S. Jones, Director
RESTORATION PLAN
For
Evangeline White & Sharon Bunn
CAMA Minor Violation #04-17A
1
JUN 14 2004
TRAY 2 0 2004
COASTAL NI,ANA
ELIZABETH CITYENff
Property located at 4919 N. Virginia Dare Trail, Kitty Hawk, Dare County
Sand fencing must mccct tilc conditions listed below In accordance with 15A NCAC 07K .0212,
or be removed.
• Installation and Maintenance of Sand Fencing — Sand fences that are installed and maintained
in accordance with the following criteria are exempt from CAMA permit requirements:
*The fencing must be no taller than 5 feet and built from evenly spaced thin wooden
vertical slats connected with twisted wire.
.The fencing must be placed as far landward as possible to avoid interference with
sea turtle nesting, public access and use of the beach. It must not be placed on
the wet -sand beach.
*If fencing is to be placed parallel to the shoreline, it must not be located waterward
of the crest of the frontal or primary dune.
*If fencing is to be placed watenward of the crest of the dune, it must be installed at a
45-degree or greater angle to the shoreline. Each section of fence must not be
longer than 10 feet, and sections must be spaced at least 7 feet apart.
.Fencing must not extend more than 10 feet beyond either the first line of stable
natural vegetation, the toe of the frontal or primary dune, or the erosion
escarpment of the dune, whichever is closest to the water.
We, Evangeline White & Sharon Bunn, agree to complete this restoration to the satisfaction of
the Division of Coastal Management by May 21, 2004, or provide an explanation for non-
compliance and a reasonable request for time extension. ` II lrQiwn 0' A_ 1 i
La
SIGNATURE:
SIGNATURE:
DATE:
It is the policy of the Coastal Resources Commission to levy a minimum civil assessment of $50 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.
1367 U.S. 17 South, Elizabeth City, North Carolina 27909
Phone: [phone] \ FAX: [phone] \ Internet: www.nccoastalmanagement.net
An Equal Opportunity \ Affirmative Action Employer- 30% Recycled by Fiber Weight

AMA
NCDENR
North Carolina Department of Environment and Natural Resources
Division of Coastal Management
Michael F. Easley, Governor Charles S. Jones, Director William G. Ross Jr., Secretary
June4, 2004 �'>'- °• '
Evangeline White & Sharon Bunn J'UN 1 4 2004
1100 Riverside Ave
Elizabeth City, NC 27909 Morehead City DCM
RE: Restoration Acceptance — CAMA Violation #04-17A
Dear Evangeline White & Sharon Bunn
This letter is in reference to the Notice of Violation # 04-17A sent to you on May 12, 2004 for
installing nonconforming sand fencing within the Ocean Hazard Area in or near the Atlantic
Ocean. The violation took place on your property located at 4919 N. Virginia Dare Trail in Kitty
Hawk, Dare County, North Carolina. You were requested to either modify your sand fencing to
meet the conditions set forth in 15A NCAC 07K .0212, or remove the sand fencing. In
accordance with the North Carolina Administrative Code, Title 15A, Subchapter 710410, any
violation involving development which is inconsistent with guidelines for development within
Areas of Environmental Concern (AEC) must be corrected to recover lost resources or to prevent
further resource damage.
I conducted a site visit at the aforementioned property on May 25, 2004 to inspect the restoration
of the unauthorized activity addressed in the Notice of Violation 04-17A. Based on this
inspection, it has been determined that the restoration appears to have been accomplished to the
satisfaction of this Division. Upon 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 252-264-3901.
Sincerely,
Tony Zaharias
Coastal Management Representative
Cc:/Ted Tyndall, Assistant Director, Division of Coastal Management
Ted Sampson, District Manager, Division of Coastal Management
Roy Brownlow, Compliance Coordinator, Division of Coastal Management
1367 U.S. 17 South, Elizabeth City, North Carolina 27909
Phone: [phone] \ FAX: [phone] \ Internet: www.nccoastalmanagement.net
An Equal Opportunity \ Affirmative Action Employer - 30% Recycled by Fiber Weight

30-Jun-04 NC DIVISION OF COASTAL MANAGEMENT ENFORCEMENT RECORD
CASE NUMBER LAST NAME FIRST NAME BUSINESS NAME:
0 04-17A Bunn Evangeline
C) CASE IS CLOSED
_ _ I
-- — ' AFFLILIATION SECTOR previous Violations in Same AEC
NOV DATE CLOSURE DATE PROPERTY OWNE PRIVATE for Similar Activities
5/12/2004
MAILING ADDRESS CITY STATE ZIP CODE PHONE NUMBER
1100 Riverside Ave Elizabeth City f NC 27909- j
PROPERTY ADDRESS COMMUNITY WATERBODY NEAREST ROAD
4919 N. Virginia Dare Trail Kitty Hawk lAtiantic Ocean
DISTRICT OFFICE COUNTY DCM REPRESENTATIVE LPO CONTACT
ECDO DARE ZAHARIAS
VIOLATION TYPE
MINOR CAMA AEC TYPE OH
NATURE OF VIOLATION
Unauthorized minor development by installing sand fencing parallel to the shoreline waterward of the crest
frontal or primary dune.
RESTORATION STATUS -------- -- - - -- ---
0
El RESTORATION NOT REQUIRED - CONTRACTOR'S
❑!hESTORATION NOT REQUIRED - PERMITTABLE DEVELOPMENT
[-]:'RESTORATION NOT REQUIRED - FURTHER IMPACTS
❑ RESTORATION PENDING
RESTORATION REQUEST DATE COMPLETION DATE
5/21/2004 5/25/2004
RESTORATION EXTENDED RESTORE DATE
-� DEADLINE
EXTENDED
❑ REFERRED TO AG'S OFFICE - COLLECTION
�.) REFERRED TO AG'S OFFICE - INJUNCTION
ASSESSMENT DATE PENALTY AMOUNT COLLECTION DATE AMOUNT COLLECTED
PENALTY STATUS
6/4/2004 $50
L] PENALTY ISSUED
❑ PENALTY NOT ISSUED j ❑ WILLFUL INTENTIONAL PENALTY (MIN. OR DOUBLED) ❑ CNOV ISSUED
❑ CONRACTOR'S FIRST OFFENSE ❑SETTLED, AGREED UPON, OR STIPULATED PENALTY ❑ PENALTY APPEALED
.......... .. ❑ UNCOLLECTIBLE PENALTY ❑ FORMAL CPA ISSUED
Violations Involving Adversely Impacted Resources
AMOUNT OF ADVERSELY DISTURBED AREA (SO. FT.) �—
AMOUNT OF RESTORED AREA (SQ. FT) I —
NOTES

Q" ?
w
NCDENR
North Carolina Department of Environment and Natural Resources
Division of Coastal Management
Michael F. Easley, Governor Charles S. Jones, Director William G. Ross Jr., Secretary
CERTIFIED MAIL
RETURN RECEIPT REQUESTED Fg!!IVEDNOTICE OF VIOLATIONMay 12, 2004 7 2004
Evangeline White & Sharon Bunn
1100 Riverside Ave
Elizabeth City, NC 27909
Morehead City DCM
RE: NOTICE OF VIOLATION; CAMA VIOLATION #04-17A
Dear Evangeline White and Sharon Bunn:
On May 11, 2004, a representative of the Division of Coastal Management (DCM) was onsite at
your property located at 4919 North Virginia Dare Trail, adjacent to the Atlantic Ocean,
located in or near Kitty Hawk, in Dare County, North Carolina. The purpose of the visit was to
investigate the installation of nonconforming sand fencing on your lot within the Ocean Hazard
Area, which is an Area of Environmental Concern (AEC) designated by the Coastal Resources
Commission.
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, in accordance with North Carolina General Statutes (N.C.G.S.) 113A-118. Sand
fencing is exempt from permitting requirements if installed in accordance with 15A NCAC 07K
.0212.
I have observed that you have undertaken, or are legally responsible for, minor development by
installing sand fencing parallel to the shoreline waterward of the crest of the frontal or
primary dune. This activity took place within the Ocean Hazard Area that is contiguous with
the Atlantic Ocean, which is an Area of Environmental Concern. 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 (CAMA).
It is the policy of the Coastal Resources Commission to assess a minimum civil penalty of $50
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 sought ordering restoration.
1367 U.S.17 South, Elizabeth City, North Carolina 27909
Phone: [phone] \ FAX: [phone] \ Internet: www.nccoastalmanagement.net
An Equal Opportunity \ Affirmative Action Employer — 30% Recycled by Fiber Weight

Evangeline White & Sharon Bunn
May 12, 2004
Page 2
The activity undertaken has been found _to be inconsistent with the Division's standards and
would not have been permitted. 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, sign the attached Restoration Agreement and return it
to me in theIenclosed, 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.
t
Thank 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
Division of Coastal Management, you will be notified as to the amount of a civil assessment for
undertaking development without first obtaining the proper permit(s) or exemption certificate.
Sincerely,
-�-, 4�
Tony Zaharias
Coastal Management Field Representative
Enclosure: Restoration Plan
cc: Charles Jones, Director, Division of Coastal Management
Roy Brownlow, Compliance Coordinator, Division of Coastal Management
Ted Sampson, District Manager, Division of Coastal Management

MUM
NCDENR
North Carolina Department of Environment and Natural Resources
Division of Coastal Management
Michael F. Easley, Governor Charles S. Jones, Director William G. Ross Jr., Secretary
RESTORATION PLAN
For
Evangeline White & Sharon Bunn
CAMA Minor Violation #04-17A
Property located at 4919 N. Virginia Dare Trail, Kitty Hawk, Dare County
Sand fencing must meet the conditions listed below in accordance with 15A NCAC 07K .0212,
• Installation and Maintenance of Sand Fencing — Sand fences that are installed and maintained
in accordance with the following criteria are exempt from CAMA permit requirements:
*The fencing must be no taller than 5 feet and built from evenly spaced thin wooden
vertical slats connected with twisted wire.
*The fencing must be placed as far landward as possible to avoid interference with
sea turtle nesting, public access and use of the beach. It must not be placed on
the wet -sand beach.
*if fencing is to be placed parallel to the shoreline, it must not be located waterward
of the crest of the frontal or primary dune.
•If fencing is to be placed waterward of the crest of the dune, it must be installed at a
45-degree or greater angle to the shoreline. Each section of fence must not be
longer than 10 feet, and sections must be spaced at least 7 feet apart.
*Fencing must not extend more than 10 feet beyond either the first line of stable
natural vegetation, the toe of the frontal or primary dune, or the erosion
escarpment of the dune, whichever is closest to the water.
We, Evangeline White & Sharon Bunn, agree to complete this restoration to the satisfaction of
the Division of Coastal Management by May 21, 2004, or provide an explanation for non-
compliance and a reasonable request for time extension.
SIGNATURE:
SIGNATURE:
DATE:
It is the policy of the Coastal Resources Commission to levy a minimum civil assessment of $50 and higher against all violations of
this type depending upon the damage to the resources. If restoration is not undertaken or satislactodly completed, a substantially
higher civil assessment will be levied and an injunction sought to require restoration.
1367 U.S. 17 South, Elizabeth City, North Carolina 27909
Phone: [phone] \ FAX: [phone] \ Internet: www.nccoastalmanagement.net
An Equal Opportunity \ Affirmative Action Employer- 30% Recycled by Fiber Weight

08-Jun-04 NC DIVISION OF COASTAL MANAGEMENT ENFORCEMENT RECORD
r— _ -- CASE NUMBER LAST NAME FIRST NAME BUSINESS NAME:
0 -17A Bunn Evangeline
❑CASE IS CLOSED 04pp
-- NOV DATE CLOSURE DATE AFFLILIATION SECTOR Previous Violations in Same AEC
PROPERTY OWNE PRIVATE ❑ for Similar Activities
5/12/2004
MAILING ADDRESS -CITY STATE ZIP CODE PHONE NUMBER
1100 Riverside Ave Elizabeth City NC 27g09- F
PROPERTYADDRESS COMMUNITY WATERBODY NEAREST ROAD
4919 N. Virginia Dare Trail Kitty Hawk Atlantic Ocean--
DISTRICTOFFICE- COUNTY
DCM REPRESENTATIVE LPO CONTACT
ECDO DARE
ZAHARIAS
VIOLATION TYPE
MINOR CAMA
AEC TYPE
NATURE OF VIOLATION
Unauthorized minor development by installing sand fencing parallel to the shoreline waterward of the crest
frontal or primary dune.
RESTORATION STATUS ----
f
[ J RESTORATION NOT REQUIRED - CONTRACTOR
RESTORATION NOT REQUIRED - PERMITTABLE DEVELOPMENT
❑ RESTORATION NOT REQUIRED - FURTHER IMPACTS
❑ RESTORATION PENDING
RESTORATION REQUEST DATE COMPLETION DATE
5/21/2004 1
RESTORATION EXTENDED RESTORE DATE
❑ DEADLINE
EXTENDED
❑ REFERRED TO AG'S OFFICE - COLLECTION
❑ REFERRED TO AG'S OFFICE - INJUNCTION
ASSESSMENT DATE PENALTY AMOUNT COLLECTION DATE AMOUNT COLLECTED
--PENALTY STATUS -------------- y�--�-� � ��'
❑ PENALTY ISSUED J
❑ PENALTY NOT ISSUED ❑ WILLFUL INTENTIONAL PENALTY (MIN. OR DOUBLED) ❑ CNOV ISSUED
❑ CONRACTOR'S FIRST OFFENSE. ❑ SETTLED, AGREED UPON, OR STIPULATED PENALTY ❑ PENALTY APPEALED
__,__ r.-�______�- ❑ UNCOLLECTIBLE PENALTY ❑ FORMAL CPA ISSUED
Violations Involving Adversely Impacted Resources
AMOUNT OF ADVERSELY DISTURBED AREA (SO. FT.)
AMOUNT OF RESTORED AREA (SQ. FT)
NOTES