05-24A C S Angus Construction Company

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IN WA _TB RB
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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
August 29, 2005
C. S. Angus Construction Company
P. 0. Box 113
Aydlett, NC 27916
RE: CAMA MINOR VIOLATION #05.24
Dear Mr. Angus:
In response to my letter of July 25, 2005, you signed the enclosed form accepting responsibility for the
violation as described in the Notice of Violation letter dated January 14, 2004. Upon further review of this
matter, in verifying the appropriate assessment for this violation, our records indicated that this incident
represented your first violation of the Rules of the Coastal Resources Commission, developed pursuant to
the Coastal Area Management Act. As such, the previously discussed $50 penalty is not appropriate in this
case. In response to my letter of July 25, 2005, you did not remit the payment of $50, and no such
payment is necessary.
For record purposes, this letter confirms that on January 6, 2004, Kim Allen, the Local Permit Officer for the
Town of Nags Head was onsite at Judith and Joseph Gofus' property located at 3703 S. Virginia Dare Trail
adjacent to the Atlantic Ocean, located off, in or near the Town of Nags Head, Dare County, North Carolina.
The purpose of the visit was to monitor the development project authorized under CAMA General Permit
Number 35822A. It was found that all applicable CAMA standards found in Title 15A NCAC 7H were not
being met as required by the Permit and the Act.
Based upon the North Carolina Administrative Code, Title 15A, Subchapter 07H. State Guidelines for Areas
of Environmental Concern (AEC), the activity you undertook, conducting beach bulldozing such that
excavation exceeded one foot in depth, measured from the pre -activity surface elevation, rendering the
beach undriveable, in the Ocean Erodible Area AEC, is not consistent with Section 07H .0308(a)(4)(A),
which limits excavation during beach bulldozing to a maximum of one foot in depth.
Information gathered by the Local Permit Officer shows that you, as contractor for the aforementioned
project, have undertaken, or are legally responsible for the minor development, which is contrary to the
Rules of the Coastal Resources Commission, as described above. No person may undertake minor
development in a designated Area of Environmental Concern contrary to the permit conditions applicable to
a development activity authorized by a Permit issued by the North Carolina Department of Environment and
Natural Resources, North Carolina General Statutes (N.C.G.S.) 113A-1 18.
1367 U.S. 17 South, Elizabeth City, North Carolina 27909
Phone: [phone] FAX: [phone] Internet: www.nccoastaimanagement.net
An Equal Opportunity 1 Affirmative Action Employer — 30% Recycled by Fiber Weight

C. S. Angus Construction Company
August 29, 2005
Page 2
77 D
MuruC1uo d U(`(gy r)1r.
Anyone who undertakes minor development activity in a designated Area of Environmental Concern (AEC),
and fails to act in accordance with the terms, conditions, or requirements of the permit, may be found to be
in violation of the Coastal Area Management Act (CAMA) as specified in North Carolina General Statutes
(N.C.G.S) 113A-126. Any development activity within a designated AEC, that was not authorized by
General Permit 35822A, may also be a violation of N.C.G.S, 113A-118. Such violations may be subject to
civil and/or criminal penalties.
Since this is your first documented offense as a contractor in this designated Area of Environmental
Concern, there will be no assessment levied against you in accordance with the North Carolina
Administrative Code, Title 15A, Subchapter 7J,0409(f)(5)(F)(i). However, if you continue to violate the
Coastal Area Management Act, you should consider yourself forewarned and expect a civil assessment to
be levied against you consistent with the North Carolina Administrative Code, Title 15A, Subchapter 7J,
Section .0409, as adopted by the Coastal Resources Commission.
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. I am available to meet with you on site if you have any
questions concerning this matter.
Sincerely,
XZ(ed Samp<on
District Manager
TS/yc
Cc: Ed Brooks, Minor Permits Coordinator, NC Division of Coastal Management (DCM), Wilmington
vRoy Brownlow, Compliance Coordinator, DCM, Morehead City
Kim Allen, Local Permit Officer, Nags Head

AUG-01-2005 MON 11:02 AM DCM-DMF E. CITY FAX NO. 252 264 3723 P. 01
imap:/, ranuny.Bunting%40dcm.dear.ne7rlali.nC1(Q1CInS,nCma11.11et:1v .
Subject: 0.5-24A : C.S. Angus Construction
From: Roy Brownlow <[e-mail]
Date: Fri, 29 Jul 2005 10:57:05 -0400
To: yvonno Carver <Yvonne,CarvcrOncmail. net>
Yvonne;
Mope you have plans for a great weekend.
I received an assessment for case no. 05-24A CS Angus Construction Co, but we don't
have a copy of the NOV, Can you please fax us the NOV and any other documents with this
file?
Thanks and have a super weekend,
R
Roy Brownlow, Compliance Coordinator
jyc ojvlsiop,orCoastal Management
400 Commerce Ave.
Morehead Cily, NC 28557
Phone:[phone] FAX [phone]
Toll Free: 888,912,CAMA
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AUG-01-2005 MON 11:02 AM DOM-DMF E, CITY FAX NO. 252 264 3723 P. 02
imup://Tammy.I3untiug%4UUcnt.uenr.»cman.net(9;ems.nemun.11et;
Subject: NOVS
t,'rom: "Kim Allen" <Allen(a;lbwnoRVagsktead.nec=
Date: Fri, 22 Jul 2005 13:19:41 -0400
To-, "Yvonne Carver" rYVoi,ne.CarvCr(l)i,Cmall r14t>
I did not find an Enforcement Tracking Report for Angus or Toloczko.
I want to make sure Toloczko's vegetation survives the heat wave before I let him off. " �EA�`t 1AI &
Restoration was not required for Angus.
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AUG-01-2005 MON 11:03 AM DCM-DMF E, CITY
Planning and Dcvclopment
Depurnnemt
HAND DEI dV 4.RED
C.S. Anlpts Construction Company
110 Box 113
Aydlcti NC 27916
FAX NO. 252 264 3723 P. 03
JAN 1 6
G()A; TALAll"t f;G•' i.i PJf
rLl'u4r?ul'H CPf 1'
Town of Nags Head
Post Office Box 99
Nags Elcad, North Carolina 27959
www.tgwngFira ,cic tcad.nct,
January 14,2004
'Telephone [phone]
pAX 252A41.4290
1tll: NOTICE Ole FAIIAIRE TO COMPLY WI'I'Fl PERvill' CONDITIONS AND STOP WORK ORDER - 3703
s. Virginia Darc'frail (11IN 14989216'2390391
Dcar Mr. Angus:
'i his letter is in reference to 11,0 (levelopmont project which was authorized under CAM General Permit 35822•A, dalod
October 13, 2003 for post storm emerl eney borsch tatlldoring ill lots 27 and 132, George T. Stronach Subdivision, 3703 S.
Virginia Darc,prail, Town of Nags liead, on the Atlantic Occan in Dire County, NC. As a result of a complaint from the
Ciro Department (enclosed), I inspcctvd the site on January 4, 2004, I fcnatd all applicable standards or conditions were not
being rnel c,v required by thv permit or the Act. Anyone who undertakes dovelopment activity in a designated Area of
12rvironnacnta1 Concern (AEC) and fails to act in accordance with the terms, conditions, or requirements of his permit,
may be found to be in violation of the ('oastal Area Management Act::; specified in North Carolina General Statutes
(NCUS) 113A • 126.
l'hv following violations were round at the project site mentioned above.
I'lw excavation exceeded one loot in depth treasured from the pre -activity surface elevation in violation of 15A
N(:•AC 0711.0308 (a)(4)(A) rendering the beach undriveable.
I rcqucA that you EMM EDIATELY CEASE AND DESIST any further unauthorised development activities within
desilrnatecl Ati('S on this property, since the development is not consistent with the applicable standards, you may be
required to restore the land to ils forntcr condition and/or bring all aspects eFihe project htto compliance with the Act. A
civil nsscsSment or up to'Cwo hundred and'Filly Dollars (S250,00) may be assessed against any viclalor.

AUG-01-2005 MON 11:03 AM DCM-DMF E. CITY FAX NO. 252 264 3723 P, 04
1'?ucl't day that the development activity described in this Notice is continued or repeated ntay constitute a separate
violation which is subject to an additional assessment of up to $250.00. An injunction or criminal penalty may also be
sought to entbrce any violation (N('0S 113A-126).
It is 1be policy of the Coastal Resources Cortunission to levy a minimum civil assessmont of Fifty Dollars ($50.00) against
all violators of CAMA Minor Development Permit requirements. This is done to recoup some of the costs of
invcstignting violations and/or to compensate the public for any damage to its natural resources. Whether a higher amount
will b� assessed dcponds on several favors, including the nalitre and amount of resources affoctcd and the extent of the
damage to them. As of this date, tho rcgt tired restoration proposed by you on January 6, 2004 appears to have been
compklud satisfactorily, and no Ihrther restoration is required.
Sincerely,
�fVr17J
Kim J. Allcn
Code Cornplimice Officer
cc: J. Webb Fuller, Town Manager
Tim Wilson, Planning and Development Dircetor
lid 1(arrcll, Division ol'Coastal Management
eaclosures

AUG-01-2005 MON 11:03 AM DCM-DMF E. CITY FAX NO, 252 264 3723 P. 05
Kim Allen
From: Charlie Cameron
Sent: Monday, December 29, 2003 8.59 AM
To; Kevin Zero; Kim Allen
Cc: All Fire Supervisors; Don Hutson; Dave Clark; Ralph Barile; Cliff Midgett; Rhonda Sommer
Subject: RE: Beach Push
Importance: High
Kevin; Thank you for this notirication, cic
Dave & Ralph & Cliff: Dave havo someone go to this site and see if it Is of such a publlo safety hazard that repairs to the
beach need to be clone immediately. Cliff: See If you can assist Planning and Public Works to find out who Is responsible
ror this bench push that left the beach In a state of peril. Please advise. Charlie
•....Ori0innl Nles:�51!ga----
From:
Kevin Zore
Sent;
Sunday, Docember 20, 2003 2:10 I'M
To;
Kiin Allcri
cc:
All Fira Suporvisors; Don I lul,on
Subject:
B13;cllPusn
I do not know much on the topic, however a beach push jua: south of Conch St. left a very deep (not
navigable) rut. I know this area is open for beach driving, however anyone encountering this would have
to turn around, provided FYI, Kevin

AUG-01-2005 MON 11:03 AM DCM-DMF E, CITY FAX N0, 252 264 3723 P. 06
Kitty Allen
From:
Bruce Borb-
Sent;
Friday, January 02, 2004 4:49 PM
To:
Kim Allen
Cc:
Tim Wilson
Subject:
Email Tim
if you've morle any headway on finding the culprit that pushed sand near Conch so he can report it at Mondays staff
meeting. Thanks
3nice M. @ortz
Dopuiy Dirpokor
Pleithing and Development
Town of Nags Head
post Office Box 99
Nags Head NC 21059
ortz townofna��headLrej
Orrice: 2 62.-141.7 016
Direct: 262-440 -4060
t

AUG-01-2005 MON 11:03 AM DCM-DMF E. CITY FAX NO, 252 264 3723 P. 07
Page 1 of 1
.V
Kim Allen
From: Bruce Bortz
sent: Monday. January 05, 2004 3:06 PM
To; Kim Allen; Tim Wilson
Cc: Dave Clark
Subject: RE: thls, that & the other
Kevin said it was a three feet cut!
----..Original Message -----
From, Kim Allon
Sent: Monday, January 05, 2004 .10:31 AM
To: Tim Wilson; Bruce eortz
Cc; pave Clark
Subject; this, that & the other
I sent an email to one of the property owners (Gofus) of the beach push violation that
occurred near Conch Street. I will try to contact by phone this morning.
Ralph Buxton left a message to say he had received the (3) CCs I have already sent.
He has spoken with Brant, Brant will bring this up at the Board meeting. I forwarded this
ph message to Urn and Bruce earlier this morning.
1 / 15/200a .,,r....,...,

AUG-01-2005 MON 11:04 AM DCM—DMF E. CITY FAX NO, 252 264 3723 P. 08
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Issuln¢Pate

NCDENR
North Carolina Department of Environment and Natural
Division of Coastal Management
Michael F. Easley, Governor Charles S. Jones, Director
July 25, 2005
CERTIFIED MAIL
RETURN RECEIPT REQUESTED
C. S. Angus Construction Company
P.O. Box 113
Aydlett, NC 27916
RE. CAMA MINOR VIOLATION #05-24A
Dear Mr. Angus:
Resources
William G. Ross Jr., Secretary
This letter is in reference to the Notice of Violation dated January 14, 2004 that Kim Allen, Local Permit
Officer for the Town of Nags Head, issued to you for the violation of exceeding one foot in depth while
beach bulldozing at 3703 S. Virginia Dare Trail in Nags Head, Dare County. The violation involved the
Ocean Hazard area, which is an Area of Environmental Concern designated by the Coastal Resources
Commission. Based upon the site visit conducted on January 6, 2004 by Kim Allen, the restoration
requested is complete.
The Coastal Area Management Act provides that a civil assessment of up to $250 may be assessed for any
minor 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 $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

C. S. Angus Construction Company
July 25, 2005
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,
%s7
"'--Ted Samps
District Manager
TSlyc
Enclosures
cc: CTed Tyndall, Assistant Director, DCM, Morehead City
Roy Brownlow, Compliance Coordinator, DCM, Morehead City
Kim Allen, Local Permit Officer, Nags Head

r
C. S. Angus Construction Company
July 25, 2005
Page 3
CAMA VIOLATION #05.24A
AGREEMENT TO PAY PROPOSED CIVIL ASSESSMENT
understand that the staff of the Department of Envy hment 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 the property of 3703 S. Virginia Dare Trail
in Nags Head, 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 January 14, 2004, and agree to pay the proposed civil assessment of $50.
DATE SIGNATURE
ADDRESS
TELEPHONE NUMBER

07-Sep-05 NC DIVISION OF COASTAL MANAGEMENT ENFORCEMENT RECORD
WMHM.,O.,. __.. _. ...
CASE NUMBER LAST NAME FIRST NAME BUSINESS NAME:
C) I 05-24A JANGUS 1C.S. 1C.S. ANGUS CONSTRUCTION CO.
OO CASE IS CLOSED
Previous Violations in Same AEC
NOV DATE CLOSURE DATE Elapsed Days AFFLILIATION SECTOR ❑ for Similar Activities
V74I2555 :iF • �� �. t 227 CONTRACTOR COMMERCIAL
MAILING ADDRESS CITY STATE ZIP CODE PHONE NUMBER
POB 113 AYDLETT NC 79 216- ( -
PROPERTY ADDRESS COMMUNITY WATERBODY NEAREST ROAD
3703 S. VIRGINIA DARE TR NAGS HEAD ATLANTIC OCEAN I r
DISTRICT OFFICE COUNTY DCM REPRESENTATIVE LPO CONTACT
ECDO JDARE ICECE K. ALLEN
VIOLATION TYPE ❑ OW ❑ EW ❑ PTA El ES ElPTS
MINOR CAMA [] OEA W HHFA ❑ IHA ❑ PWS El NCRA
NATURE OF VIOLATION AEC DESCRIPTION
Violation of terms and conditions of a CAMA Minor Uevelopment Hermit by exceeding one
bulldozing within the OE AEC adjacent to the Atlantic Ocean.
El
RESTORATION NOT REQUIRED - CONTRACTOR
j RESTORATION NOT REQUIRED - PERMITTABLE DEVELOPMENT
❑ RESTORATION NOT REQUIRED -FURTHER IMPACTS
❑ RESTORATION PENDING
❑ PENALTY ISSUED
L/:] PENALTY NOT ISSUED
❑d CONRACTOR'S FIRST OFFENSE
RESTORATION REQUEST DATE COMPLETION DATE
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
WILLFUL INTENTIONAL PENALTY (MIN. OR DOUBLED) ❑ CNOV ISSUED
❑ 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 (SO. FT) F
NOTES
first offense - no assessment.
❑ FORMAL CPA ISSUED