05-16A Beasley

FILE MEMORANDUM
TO:
ROY BROWNLOW, COMPLIANCE COORDINATOR
FROM:
M. TED TYNDALL, ASST. DIRECTOR
SUBJECT:
VIOLATION CASE CLOSURE RECOMMENDATIONS
DATE:
02/01/2012
CC:
RONDA BENNETT
Investigation has disclosed information that warrants discontinuation of enforcement action on
the case listed below. Therefore, based upon staff's review and circumstances in this case, I
hereby authorize closing/discontinuing CAMA Violation case No.: 6 ✓ _ ((p 4
%3)u<i
M. TED TYNDALL, Assistant Director
02/01 /2012
Date

©w
NCDENR
North Carolina Department of Environment and Natural
Division of Coastal Management
Michael F. Easley, Governor
CERTIFIED MAIL
RETURN RECEIPT REQUESTED
Charles S. Jones, Director
NOTICE OF VIOLATION
July 15, 2005
7L(o
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William G. Ros Secrealy
4. vl
VIP
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Joby Lane Beasley
Post Office Box 237 o Al Fwn tQ^4atv
Kill Devil Hills, North Carolina 27948
RE: NOTICE OF VIOLATION AND REQUEST TO CEASE UNAUTHORIZED DEVELOPMENT
CAMA VIOLATION #05.16A
Dear Mr. Beasley:
This letter confirms that on July 7, 2005, 1 was on property adjacent to 1349 Colington Road, in Dare
County, North Carolina. During that visit I noticed what appeared to be unauthorized crab shedders and a
dock over the water in a canal off Colington Creek. Twenty-four crab shedders have been constructed
along the shoreline and over the adjacent canal with a walkway on the waterward side of the shedders. My
investigation has confirmed that the property in question is listed as yours, and that no permits were issued
for the structures.
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 Environment and Natural Resources. North Carolina General
Statute (N.C.G.S.) 11 3A-1 18 imposes this requirement.
I have information that indicates you have undertaken or are legally responsible for the development
described above, on the aforementioned property. This activity took place in Estuarine Waters, Estuarine
Shoreline and Public Trust Area, which are 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 unauthorized activities within designated
Areas of Environmental Concern. A civil assessment of up to $2,500 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 up to $2,500. An injunction or criminal penalty may
also be sought to enforce any violation (N.C.G.S. 11 3A-1 26).
1367 U.S. 17 South, Elizabeth City, North Carolina 27909
Phone: [phone] \ FAX: [phone] \ Internet: www,nccoastalmanagement.net
An Equal Opportunity 1 Affirmative Action Employer— 50% Recycled 110% Post consumer Paper

Joby L. Beasley
July 15, 2005
Page 2 of 3
It is the policy of the Coastal Resources Commission to levy a minimum civil assessment of $350.00 not to
exceed $2,500 against all violations. This is done to recoup some of the costs of investigating 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 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. State Guidelines for Areas
of Environmental Concern, the activity you have undertaken, construction of crab shedders waterward of
normal water level, is not consistent with Section 07H ,0208(a)(1), which limits structures over Estuarine
Waters and Public Trust Areas to water dependent structures. Therefore, I am requesting that all shedders,
and their structural components over the water, be removed from the canal. In addition, the walkway
around the shedders extends into the canal creating undue interference with access to a public trust area,
and as such must be removed. Prior to relocating the walkway in the canal, or within 75' of the canal, a
CAMA Permit will be required. 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 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. I request that you
contact me immediately.
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 that is inconsistent with
Coastal Resources Commission rules.
Sincerely,
Lynn W. Mathis
Coastal Management Representative
Enclosure
Cc: Ted Tyndall, Assistant Director, DCM
Ted Sampson, District Manager, DCM
Roy Brownlow, Compliance Coordinator, DCM
Raleigh Bland, USACOE

Joby L. Beasley
July 15, 2005
Page 3 of 3
RESTORATION PLAN
For
Joby L. Beasley
CAMA Violation No. 05-16A
Property located at 1349 Colington Road, Dare County
Crab Shedders
silly's Seatood across the canal
1 I
Private made
NOTE. -
The is not an exact
representation of the
property, it is for
illustrative purposes
only.
1) remove the walkway on the
waterward side of the
shedders and all stmctural
compnents in the water
2) remove crab shedder overthe
water and all structural
components In the water.
I, Joby Beasley, agree to remove all unauthorized crab shedders from over the adjacent canal and remove
the unauthorized walkway.
I agree to complete this restoration to the satisfaction of the Division of Coastal Management (DCM) by
August 10, 2005, or provide in writing 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 levy a minimum civil assessment of $350.00 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.

DCM ENFORCEMENT TRACKING REPORT
Iss r
Field Rep. T ,i k1A Rh, Violation Base No. P5_7/G
B C D
LPO71
Violated Permit No.
LPJ (if applicable)
Violation Description Was activity permittable? Yes I
Initial Discovery Date J, /4r _ Discovery Method V�!LtrLG-`.-/ -..--
Violation Description (�G/1�`1AZ �1d13 _ T
Prior Violations in same AEC: Yes / No
Respondent Name(s) V r [eV
Address__ P•._U• �i—'_Zj _._.
Phone #
Email
11 9,(4 E'_..-.._........
City 1L1` State Zip22P/j_
Fax #
Type:
Project Type:
Authorizations Required:
Site Visits Respondent Site Visits Respondent
�Violation
Present Present
No Permit
Private/Community
Major CAMA
•r"I
Permit Condition
Govt./Public
Minor— D&F
Expired Permit
Commercial
_._ General
Inconsistent wl Rules
Violation Location and Site Description
File
b..ln.
Jr)YZE__
Rover
_
-- -.---
Project Location: County—_.___—_. _.
Shoreline Length
Street Address/ State Road/ Lot #(tts) SAV:
o ur Yes
No
'✓s�-l"j.—LL1 ``.._._
Sandbags!
Not Sure Yes
CD
__ _J��(,
PNA:
Yes
(M Adjacent
Subdivision- �/-� _
""-
ORW:
Yes
aD Adjacent
City __. �� :_ ZIP
Crit. Hab.
Yes
62
Phone # River Basin ��_LlL ..._
Photos
(SD
No
��—��..____
Adj. Wtr. Body __..C.Vt4 S< -.-.. .-. (not /unkn)._
Waiver Required
®
No
Closest Maj. Wtr. Body ._..._.1'r✓l$tL�lN✓v__---__
In DWQ Buffer Area Yes
Restoration
I L� 26V Initial Req. Comp. Date
Extension Granted
Yes No
NOV Date _
t
Restoration Letter
CNOV Date i Date Comp. Observed
Acceptance Date
Penalty Assessment _
71.0409 Ref.
Recomm, Assess. DCM Assess.
Sent to Respondent Date App./Permit Fee
$
$
Penalty
$
$
Rcvd. by Dist. Mgr. Date
_—
Willful/Intent.
S
$
Assessment Extended Yes No
Continuing
$
$
Other
$
$
Total