17-19A Baittinger

0
ROY COOPER
cavcr,tar
MICHAEL S. REGAN
Secretary
BRAXTON DAVIS
Director
Coastal Management
ENVIRONMENTAL QUALITY
NOTICE OF VIOLATION
August 25, 2017
CERTIFIED MAIL 70151520000355154493
RETURN RECEIPT REQUESTED
Mr. Kenneth F. Baittinger, III, TIC
813 Cedar Drive
Kill Devil Hills, NC 27948
RE: NOTICE OF VIOLATION AND REQUEST TO CEASE UNAUTHORIZED DEVELOPMENT
CAMA VIOLATION#17-19A
Dear Mr. Baittinger:
This letter confirms that on August 16, 2017, Donna Elliott, Zoning Administrator and Local Permit Officer (LPO)
of the Town of Kill Devil Hills, Cameron Ray, Senior Planner and LPO of the Town of Kill Devil Hills, and I were
onsite at your property located at 813 Cedar Drive, adjacent to Kitty Bay and located in or near Kill Devil Hills,
Dare County, North Carolina. The purpose of the visit was to investigate unauthorized development of placing
sand/dirt fill within the 75-foot Area of Environmental Concern and adjacent wetlands. This correspondence also
confirms our meeting onsite on Tuesday, August 22, 2017 to discuss the unauthorized activity.
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 placement of fill on the
aforementioned property. This activity took place in Coastal Wetlands and the Estuarine Shoreline that are
contiguous with the Kitty Hawk Bay. Coastal Wetlands and Estuarine Shoreline areas are designated as Area(s)
of Environmental Concern (AECs). 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 Vfolatfon for violation of the Coastal Area
Management Act and the State's Dredge and Fill Law.
I request that you immediately CEASE AND DESIST any further development and contact me about this matter.
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. R EC E N E D
AUG 31 2017
State afNonh Carolina I En_i_ _tal Quahty I Coastal Management
401 S. Giffin Street I Suite 3001 Eizaheth City, NC 27909
252-264-3902 I252-331-2951(fax) DCM_ MHD CITY

Mr. Kenneth F. Baittinger, III, TIC
August 25, 2017
Page 2
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.
You are also in violation of the State's Dredge and Fill Law which requires a permit from the North Carolina
Department of Environmental Quality before undertaking any excavating or filling in any estuarine waters,
tidelands, marshlands, or state-owned lakes pursuant to N.C.G.S. 113-229. Therefore, I also request that you
immediately CEASE AND DESIST such unauthorized activity and contact me about this matter as well. Violations
of the State's Dredge and Fill Act may be enforced by a criminal penalty or a civil action for damages or an
injunction in accordance with N.C.G.S.113-229.
Based upon the North Carolina Administrative Code, Title 15A, Subchapter 07H. State Guidelines for Areas of
Environmental Concern, the activity you have undertaken, placing fill in the 75-foot AEC may have been
permittable with a minor permit. However, fill in the Coastal Wetlands and Estuarine Shoreline AECs, is not
consistent with Section 07H.0205, Coastal Wetlands, and 07H.0209 Coastal Shoreline. Therefore, I am requesting
that the fill material that was placed and/or a result of stormwater runoff into the adjacent wetlands be removed
and the wetland area be restored.
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. 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], Ext. 232. 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,
vonne B. Carver
Coastal Management Representative
*40
N� G
OGM. M

Mr. Kenneth F. Baittinger, III, TIC
August 25, 2017
Page 3
ENCLOSURES
Cc: Frank Jennings, District Manager, DCM, Elizabeth City
Roy Brownlow, Compliance Coordinator, DCM, Morehead City
Donna Elliott & Cameron Ray, Town of Kill Devil Hills
Josh Pelletier, USACOE, Washington
AUG 31 2017
DCI4- MHD CITY

RESTORATION PLAN
For
Kenneth F. Baittinger, III, TIC Property
CAMA Violation No. 17-19A
Property located at 813 Cedar Drive, Kill Devil Hills, Dare County
1) Install silt fencing landward of the buffer/wetland area that was staked on 08/22/2017.
a. Remove all sand/dirt fill that is in the wetlands located waterward of area staked.
2) Grade and revegetate the upland fill area.
a. Maintain silt fencing until the upland area has stable vegetation in place to prevent further
stormwater runoff.
3) Complete the installation of a swale near the southern -most property line where a small ditch had been
started.
:a 1... w.a.mnn mo.
....o.
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. bw s••-r a..al r. �.
01
r1rwC ii TJ*•r� •y
F�4 •i•••I'r •••y�•
RECEIVED
AUG 31 2017
I, Kenneth Baittinger, agree to restore the area that was filled, to include the removal of all fill in the wetland area and
revegetate the upland fill area.
I agree to complete this restoration to the satisfaction of the Division of Coastal Management (DCM) by September 22, 2017,
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 and the extent of the
damage to them. If restoration is not undertaken or satisfactorily completed, a substantially higher civil assessment will be levied and an
injunction sought to require restoration.

ENFORCEMENT TRACKING REPORT
-..-Issuer-
Field Rep. G�!— Violation Case No.
LPO�t 13
Violated Permit No.
LPJ (if applicable)
Violation Description Was activity permittable? Yes / No/
Initial Discovery Date ` / Discovery Method Q�..Y... q„"i" to c1) Vest. n'
Violation Description ) " 5i^o_.
V-71 (l 7 5' A-E S aL r-,
Respondent Information Prior CAMA or D/F Violations: Y /es�
Respondent Name(s)
cn e:rt"''1"- �-
BO A n - 77 c... (Landowner/Auent/Contractor)
Address.. 8/ 3 C--4. _C Dom; V¢
City �. nZIL 1Li1A State ,'L"—.
-2
Zip.
Phone# �S•2-3 5--S2-55
_ Fax#
Email v et ft/. ca V
m,o.' I C �k A,�
sees
Violation Type:
Project Type:
Authorizations Required: Site Visits Respondent Site Visits Respondent
�No Permit
�Private/Community
Present
tg Major CAMA sll 4es
Present
es
Permit Condition
Govt./Public
Q Minor D&F
�.. Expired Permit
Commercial
13 General
Inconsistent w/ Rules
Tier Level: 1
II III D.:
Violation Location and Site Descripl
Project Location: County rZ%v,C �_
Street Address/ State Road/ Lot #(s) _ g. j 3 Dr-" ...
t— l—U
Subdivision R r.5 Eh .3 kk /' I ( ¢ �- 3- 3
city, K; I( Ve,,/tI 1211 Pi ZIP,
Phone # ( _).-. -River Basin t....
Adj. Wtr. Body k�-f+ y /{-a. A x ±,) � `7 nit /man /unkn)
Closest Mac Wtr Body
3�' l �lvgN �1Ts Y=`S3.Y��,�:
Lat/Long
Shoreline Length a '�
SAV:
Not Sure Yes
No
Sandbags:
Not Sure Yes
No
PNA:
Yes
o Adjacent
ORW:
Yes
No Adjacent
Crit. Hab.
Yes
No
Photos
veg%
Waiver Required Yes
(N�o
(.?.
In DWQ Buffer Area Yes
(No'
Specify DWQ Buffer if applicable:
Restoration
i
NOV Date Z.5 Zf,
Initial Req. Comp. Date 7 2 )_ /i, ?
CNOV Date Date Comp. Observed
Penalty Assessment
Sent to Respondent Date ApP./Permit Fee
Penalty
Rcvd. by Dist. Mgr. Date
Willful/Intent.
Assessment Extended Yes No
RECEIVED
AUG 31 2017
Extension Granted Yes No
Restoration Letter
Acceptance Date
7J.0409 Ref.
Recomm. Assess.
DCM Assess.
$
$
Total
DCM•- MHD CITY

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
rl. Penaltymodified
QRespondent not responsive to penalty/NOV n Injunction to complete restoration
Date Collection Let. Sent Date Demand Let. Sent
Violation Activities and Impacts
AECs A�ffeeccoed: ` l; w} EW PTA is
PTS
:Cw HHF IH A NIA
PYJS: FC:
Restoration Required by the Respondent Yes / No
Wetlands Impacted? Yes / No If yes, which types:
( SAS CJ SY JR _LS TY
1SS` SG SP IF BF 4t
Dimensions in excess
of permit/ unauthorized activities
Dimensions to restore
Final dimensions
allowed
Actually restored
Development Activities
Habitat Description
75�d
kl ,t— .' tl ,4o.c 4 kc i lam, sL sir 4 s'F JJ' k .E� 6 ,-t %'-acL c4
Payment Received $ Date G E M Closed
AUG 3 12017

Coastal Management
ENVIRONMENTAL QUALITY
September 25, 2017
CERTIFIED MAIL 70151520 0003 5515 4509
RETURN RECEIPT REQUESTED
Kenneth F. Baittinger, III, TIC
813 Cedar Drive
Kill Devil Hills, NC 27948
RE: CAMA VIOLATION#17-19A
Dear Mr. Baittinger:
ROY COOPER
caveraar
MICHAEL S. REGAN
Secrclary
BRAXTON C. DAVIS
Director
This letter is in reference to the Notice of Violation dated August 25, 2017 that Yvonne Carver, representative
for the Division of Coastal Management, issued to you for the placement of fill at 813 Cedar Drive in Kill Devil
Hills, Dare County. The violation involved the Coastal Shoreline and Coastal Wetlands, which are Areas of
Environmental Concern designated by the Coastal Resources Commission. Based upon the site visit
conducted on September 21, 2017 by Ms. Carver, the restoration requested appears to be complete to the
satisfaction of the Division of Coastal Management.
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 $248.00 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 $248.00 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 Departments
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 settlement of the penalty.
RECEIVED
SEP 2 8 2017
State of North Carolina I Environmental Quality I Cmtal Management D C "' , v ^ H D CITY
401 S. Griffin St., Ste 300I Elizabeth City, NC 27909
252-264-3901 1252-331-2951 [fax]

Kenneth F. Baittinger, III, TIC
September 25, 2017
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,
�q S
Frank Jenning
District Manager, Northeastern District
NC Division of Coastal Management
FJ/yc
Enclosures
cc: Roy Brownlow, Compliance Coordinator, DCM
Yvonne Carver, Coastal Management Representative, DCM
Donna Elliott, Town of Kill Devil Hills

CAMA VIOLATION #17.19A
Kenneth F. Baittinger, III, TIC
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 $248.00 against me for violation of the Coastal Area Management Act, NCGS 113A-
100 et sec, committed on or near property located at 813 Cedar Drive in Kill Devil Hills, 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 August 25, 2017, and agree to pay the
proposed civil assessment of $248.00.
DATE
SIGNATURE
ADDRESS
TELEPHONE NUMBER
SEP 2 8 2017
®CM- MHD CITY

ENFORCEMENT TRACKING REPORT
,I -Issuer C .7 — / 7 4
Field Rep. 1 ����c /Co-��'✓,te�l � Violation Case Na.
❑
Violated Permit No.
LPJ (dappliame)
........................... .
Violation Description Was activity permittable. as o
Initial Discovery Date �� /r 7 Discovery Method Ce. q: os �S i eO.c e� v¢. a
Violation Description Q- l%-i-c, + S
or
RespondentName(s)
Address! 3
C-�4.W` der, ✓�
m� t�a,,,.....,,�,
City Sj..1/4i) "i!S State
a ................_._.,
1V`— Zip..2�%
Phone#
.3t.5-S255
Fax#
Email �, ,t wV4,
Violation Type:
Project Type:
Authorizations Required: Site Visits Respondent
P t
Site Visits Respondent
Present
resen
FLNo Permit nWrivate/Commumty tj Major LAMA D d:.
Permit Condition �:` Govt./Public Minor gD&F El
/'
Expired Permit D. Commercial � L2
General l /t �
El
Inconsistent w/ Rules Tier Level: 1 II III
Violation Location and Site Description
Project Location: County Z>a(-
Street Address/ State Road/ Lot #(a) g /..3.._ CsAa- - �C..
Subdivision n. a5+- 5 /" i 4 ` a- 3
city . (fi9 y 8
Phone # ( _). River Basin
Adj. Wtr. Body Pay nat /man /unkn)
Closest Maj. Wtr. Body%
t
NOV Date J 1 LS (
CNOV Date
Initial Req. Comp. Date
Date Comp. Observed
Penalty Assessment
Sent to Respondent Date ty zs/ ! 7
Rcvd. by Dist. Mgr. Date ! /`-4-h 7
Assessment Extended Yes No
RECENE
SEP 2 8 2017
App./Peril Fee
Penalty
Lat/Long 3�` /'I'K, T
Shoreline Length o t
SAV: Not Sure Yee
Sandbags: Not Sure Yes No
PNA: Yes o Adjacent
ORW: Yes No) Adjacent
Crit. Hab.
Yes No
Photos
Ye l
Waiver Required
FNoo
Yes
In DWQ Buffer Area
Yes No
Specify DWQ Buffer if applicable:
7
Extension Granted
Restoration Letter
Acceptance Date
Yes No
L.$ZLZ
7J.0409 Ref. -
Recomm. Assess.
DCM Assess.
$
$
1 `a rtr
$ g.pQ
$ y g
Total
2 q°

Formal Assessments, Appeals and Reductions
Date Long Form Submitted Assessment Appealed: Yes No
Date Formal CPA Submitted
Penalty modified
Final Assessment $ Date
Attorney General's Office for Injunction or Formal Collection
Date sent to AG Respondent not responsive to penalty/NOV Injunction to complete restoration
Date Collection Let. Sent Date Demand Let. Sent
Violation Activities and Impacts
AECs Affected: 1\
CW EW PTA ES PTS
HHF IH A N/A
PWS: FC:
Other:
Restoration Required by the Respondent Yes / No
Wetlands Impacted? Yes / No If yes, which types:
SA,l�nS, CJ SY JR LS TY
$C, SP IF BF 404'
Dimensions in excess
of permit/ unauthorized activities
Dimensions to restore
Final dimensions
allowed
Actually restored
1 pnentActivities
-
i
7,5 '
Habitat Description
`fJ4,r+--�" ' t l %,4 . S e %�. < + / w L's3 � a -F 3 J ' L E:C� L t- +"-t.Oz ti
Payment Received $ Date Date Case Closed _IY `D
CITY

=1M=

RECOVE
SEP 2 8 2017
DCM- MHD CITY

Coastal Management
ENVIRONMENTAL OVALITY
October 2, 2017
Kenneth F. Baittinger, HI, TIC
813 Cedar Drive
Kill Devil Hills, NC 27948
ROY COOPER
o.....,,,,.,
MICHAEL S. REGAN
BRAXTON C. DAVIS
RE: Payment of Proposed Penalty for Violations of the Coastal Area Management Act,
Currituck County, CAMA Violation #17-19A
Dear Mr. Baittinger:
This letter will acknowledge receipt of check #1013, in the amount of $248.00, and dated
09/27/17. 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 lenni gs, District Manager
Northeastern District
Division of Coastal Management
FJ/eg
cc: Roy Brownlow, Compliance Coordinator, DCM, Morehead City
Yvonne Carver, Coastal Management Representative, DCM
Donna Elliott, Town of Kill Devil Hills
`"Nothing Compares ,
State of North Carolina I Enviromnental Quality I Coastal Management
401 S. Gtiffin St., Ste 3001 Elinbeth City, NC 27909
252-264-39011252-331-2951 ff.]
RECEIVED
OCT 0 5 2017
DCM- MHD CITY

DCM ENFORCEMENT TRACKING REPORT
---Issuer / / O
Field Rep. 1 �' �r-ice- Card -A 0• — Violation Case No. i ! /
Violated Permit No.
(if applicable)
Violation Description Was activity permittab
Initial Discovery Date J7 Discovery Method Ca..� D (Cilil: (A ck) 17_ c< ,
1
Violation Description // y � lQ�,I - r -
Address. '9/ 3 C-^ 4u_r .fir: vg
City ,;
�e �9
(i ./) "1(J State_ Zip
Phone # Sr 2.- .3 ta.S - 2, j 5
Fax #
Email ko ft ,�+G C,? rwa.` �. Ca,,-�,�
Violation Type: Project Type:
Authorizations Required:
Site Visits Respondent Site Visits Respondent
9,No Permit . Private/Community
Major 9 CAMA
Present Present
�', Permit Condition � Govt./Public
Minor � D&F
13 Expired Permit 0. Commercial
13 General
RI nconsistent w/ Rules Tier Level: 1 II
III
Violation Location and Site Description
Lat/Long 3(0'B n1/73"<t"
Project Location: County >-c
d`Z
Shoreline Length g
Street Address/ State Road/ Lot #(a) 3 3_ _ _.4Q-.: �t'..i _
SAV: Not sure Yes No
t „�t - 2
Sandbags: Not Sure
Yes
No"
�
Subdivision—^—lr' r,5 +— j
/^ kL c S ¢. 3 PNA:
Yes
o Adjacent
^ ORW:
Yes
No Adjacent
city :/t�1 it +I�a,/t ( ff`t i
S -- ZIP 2"3 y y" Cnt. Hab.
Yes
No
Phone # ( _)-..
River Basin c S K Photos
Ya
No
Adj. Wtr. Body /'t+"f"I- y /fs-,A
K A na /man /unkn) Waiver Required
Yes
o
Closest Maj. Wtr. Body &166
In DWQ Buffer Area
..wc- (x. S `° ^-'"`/-
Yes
No)
Specify DWQ Buffer if applicable:
Restoration
/ Initial Re CompExtension Granted
22
Yes No
wv Date
CNOV Date
q. . Date
/02 �' Acceptance
DLetter
Date Comp. Observed Acceptance Date 2-5/
Penalty Assessment
Sent to Respondent Date
Rcvd. by Dist. Mgr. Date
Assessmegl,€ it I` it No
OCT 0 5 2017
App./Permit Fee
Penalty
Willful/Intent.
Continuing
7J.0409 Ref.
Recomm. Assess.
DCM Assess.
$tvas�Se
$ /Op
Total

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
Penalty modified
Respondent not responsive to penalty/NOV n Injunction to complete restoration
Date Collection Let, Sent Date Demand Let. Sent
Violation Activities and Impacts
AECs Affected:
tcw; EW PTA ES D PTS
HHF IH U A N/A
PWS: FC:
Other:
Restoration Required by the Respondent Yes / No
Wetlands Impacted? Yes / No If yes, which types:
SA CJ SY JR LS TY
'SC SP IF BF Q404
Dimensions in excess
of permit/ unauthorized activities
Dimensions to restore
Final dimensions
allowed
Actually restored
Development ActivitieS;� d
,Habitat Description:
CA't to —c -c.,
LJ
Payment Received $ Date Date Case Closed or r 0 5 2017
UUM- MHD CITY

LAMA VIOLATION #17.19A
Kenneth F. Bal8inger, III, TIC
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 $248,00 against me for violation of the Coastal Area Management Act, NCGS 113A-
100 et se , committed on or near property located at 813 Cedar Drive in Kill Devil Hills, 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 August 25, 2017, and agree to pay the
proposed civil assessment of $248.00.
DATE SIGNATURE
.ADDRESS
TELEPHONE NUMBER
RECEIVED
OCT 0 5 2017
DCW A4ND CIrY
N