14-01B Ali Darar

Pat McCrory
Governor
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WDENR
North Carolina Department of Environment and Natural Resources
Division of Coastal Management
Braxton C. Davis
Director
NOTICE OF VIOLATION
13 January 2014
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CERTIFIED MAIL7010-0290-0001-5628-7406
RETURN RECIEPT REQUESTED
Mr. Mohamed Ali Darar
1205 Kinsdale Drive
Raleigh, North Carolina 27615-1124
Dear Mr. Darar:
14-OIB
John E. Skvarla, III
Secretary
This letter confirms that on 20 December 2013 I met you onsite your property located off SR 1730 at old
Pamlico Beach East adjacent the Pamlico River near Belhaven in Beaufort County, North Carolina. The
purpose of this inspection was to investigate unauthorized enlargement of an existing residence. This letter also
confirms our 7 January 2014 meeting in the Washington Regional Office with Anthony Scarbrough
representing the Division of Water Resources concerning the aforementigned unauthorized development.
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 N.C. Department of Environment and Natural Resources. This
requirement is imposed by N. C. General Statute (herein abbreviated N. C. G. S.) 113A-118. Information I
have indicates that you have undertaken, or are legally responsible for the unauthorized enlargement of an
existing residence by constructing a new 24' x 16'room and an attached 22' x 16' open wooden deck. This
unauthorized development was undertaken within the Estuarine Shoreline of the Pamlico River. Estuarine
Shoreline is defined in part, as the area extending landward from the normal water level along Estuarine Waters
for a distance of 75'. Estuarine Shoreline is a designated Area of Environment Concern (AECs) and no permit
was issued to you for development in this area. Therefore, I conclude that you are in 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 $10,000 may be assessed against any
violator. Each day that the development described in this notice is continued or repeated may constitute a
separate violation which is subject to an additional assessment of up to $10,000. An injunction or criminal
penalty may also be sought to enforce any violation. N.C.G.S. 113A-126.
943 Washington Square Mall, Washington, NC 27889
Phone: [phone] FAX: [phone] Internet: www.nccoastalmanagement.net
An Equal Opportunity 1 Affirmative Action Employer

Mr. Mohamed Ali Darar
13 January 2014
Page 2 of 2
It is the policy of the Coastal Resources Commission to levy a civil assessment not to exceed $10,000
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.lbe nature and area of the resources that were affected and the extent of
the damage to them.
Based upon N. C. Administrative Code, 7H. State Guidelines for Areas of Environmental Concern, the
enlargement of the existing residential structure you have undertaken within the Estuarine Shoreline is
consistent with Section .0209. Therefore, no structural modification will be required by this Division.
However, based upon input provided by Mr. Anthony Scarbraugh with the Division of Water Resources, your
project would require a Major Variance to the Tar/Pamlico River Basin Buffer Rules. I encourage you to
continue to pursue resolution of this matter with the Division of Water Resources.
Thank you for your time and cooperation in resolving this matter. If you have any questions about this
or related matters, please call me at [phone]. Pending an enforcement report to be submitted, you will
be notified as to the amount of a civil assessment for undertaking development without the proper permits.
Sincerely,
Steve J. Trowell
Coastal Management Representative
Division of Coastal Management
Washington Regional Office
Cc: David W. Moye — District Manger, Washington Office, DCM
Roy Brownlow — Enforcement Coordinator, DCM
David May — Regional Aquifer. Protection Supervisor, Division of Water Resources, Washington
Regional Office
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NCDENR
North Carolina Department of Environment and Natural Resources
Division of Coastal Management
Pat McCrory Braxton C. Davis
Governor Director
28 January 2014
CERTIFIED MAIL 7010-0290-0001-7390
RETURN RECEIPT REQUESTED
Mr. Mohamed Ali Darar
1205 Kinsdale Drive
Raleigh, North Carolina 27615-1124
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Dear Mr. Darar: w„
John E. Skvarla, III
Secretary
This letter is in reference to the Notice of Violation that Steve Trowell, representative for the Division of
Coastal Management, issued to you on 13 January 2014 for unauthorized development in violation of the
Coastal Area Management Act (CAMA). The violation occurred onsite your property located off SR 1730 at
old Pamlico Beach East adjacent the Pamlico River near Belhaven in Beaufort County, North Carolina. The
violation resulted from the unauthorized enlargement of an existing residence by constructing a new 24' x
16'room and an attached 22' x 16' open wooden deck. This unauthorized development was undertaken within
the Estuarine Shoreline of the Pamlico River. Estuarine Shoreline is -defined in part, as the area extending
landward from the normal water level along Estuarine Waters for a distance of 75'. Estuarine Shoreline is a
designated Area of Environment Concern (AECs) and no permit was issued to you for development in this area.
Therefore I conclude that you are in violation of the Coastal Area Management Act.
The Coastal Area Management Act provides that a civil assessment of up to $10,000 may be assessed
against any violation. It is the policy of the Coastal Resources Commission to assess a civil penalty for all
violations. This is done to recover some of the cost of investigating violations and/or to compensate the public
for any damage to its natural resources.
Under Coastal Resources Commission rules, a proposed civil penalty in the amount of $554 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, waiving your right to an administrative hearing, and
paying the amount proposed above. In order to do this, you must: (1) sign one of the attached copies of a
"Waiver of Right to an Administrative Hearing and Agreement to Pay Civil Assessment", (2) attach a check or
money order for $554 made payable to the North Carolina Departmentof Environment and Natural Resources
(NC DENR); and (3) return the signed waiver and payment to this office in the enclosed, self-addressed
envelope within ten (10) days of receipt of this letter. Upon receipt of your check I will deposit it in the
Department's account and issue you a Notice of Compliance officially closing this enforcement action. If you
do not send a signed waiver and payment to this office within ten (10) days, the Director, Division of Coastal
943 Washington Square Mall, Washington, NC 27889
Phone: [phone] FAX: [phone] Internet: www.nccoastalmanagement.net
An Equal Opportunity \Afnnnalive Action Employer

Mr. Mohamed Ali Darar
28 January 2014
Page 2 of 2
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.
Thank you for your time and cooperation in resolving this matter. If you have any questions, please do
not hesitate to contact me at my Washington Office, [phone].
Sincerely,
;n
David W. Moye
District Manager
Division of Coastal Management
Washington Regional Office
ENCLOSURE
cc: Steve Trowell - Coastal Management Representative, Washington Regional Office, DCM
Roy Brownlow - Enforcement Coordinator, Morehead City, DCM
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