14-08B Clark

23
FWA
NCDENR
North Carolina Department of Environment and Natural Resources
Division of Coastal Management
Pat McCrory
Governor
18 December 2014
Ms. Laura Clark
174 Traders Point Lane
Tarboro, North Carolina 27886
John E. Skvarla, III
Secretary
RE: Payment of Proposed Penalty for Violations of the Coastal Area Management Act
Committed in Washington County
CAMA Violation No. 14-08B
Dear Ms. Clark:
This letter will acknowledge receipt of Check No. 1600 in the amount of $227.00, and
dated 16 December 2014. 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, (252)-948-
3852, at the Washington Regional office.
Sincerely,
C6" 'c (Z.
David W. Moye
District Manager
Division of Coastal Management
Washington Regional Office
Cc: Roy Brownlow, Compliance & Enforcement Coordinator, DCM
Kevin Hart, Compliance and Enforcement Representative, WARD, DCM
943 Washington Square Mall, Washington, NC 27889
Phone: [phone] FAX: [phone] Internet: www riccoastalmanagement.net
An Equal Opportunity 1 Affirmative Action Employer

Pat McCrory
Governor
NCDENR
North Carolina Department of Environment and
Division of Coastal Management
NOTICE OF VIOLATION
2 December 2014
CERTIFIED MAIL 7010 0290 0001 5628 7222
RETURN RECEIPT REQUESTED
Ms. Laura Clark
174 Traders Point Lane
Tarboro, North Carolina 27886
Natural Resources
John E. Skvarla, III
Secretary
This letter confirms that on 26 November 2014, I met you onsite your property located off NC Highway
32 at 66 Cypress Shores Road adjacent to Albemarle Sound near the Town of Roper, in Washington County,
North Carolina. The purpose of my on -site inspections was to investigate unauthorized construction of a fence
in the Estuarine Shoreline Area of Environmental Concern (AEC).
Information gathered by me for the Division of Coastal Management indicates that you have undertaken
minor development in violation of the Coastal Area Management Act (CAMA).
No person may undertake activity constituting minor development within a designated Area of
Environmental Concern (AEC) without first obtaining a permit from the North Carolina Department of
Environment and Natural Resources. This requirement is imposed by North Carolina General Statutes (NCGS)
113A-118. Information I have indicates that you are responsible for the unauthorized construction of a fence
within the Estuarine Shoreline of the Coastal Shoreline Area of Environmental Concern. The total land
disturbance was approximately ±150 linear feet of wire fence. Coastal Shoreline is an Area of Environmental
Concern (AEC) as designated by the Coastal Resources Commission. Estuarine shorelines AEC are those non -
ocean shorelines extending from the normal high waters level or normal water level along the estuarine waters,
estuaries, sounds, bays, fresh and brackish waters, and public trust areas as set forth in a adopted by the Wildlife
Resources Commission and the Department of Environment and Natural Resources for a distance of 75 feet
landward. A permit was not issued to you for this work. 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 development
activities within any designated Areas of Environmental Concern. A civil assessment of up to S250 may be
assessed against any violator. Each day that the development activity described in this Notice is continued or
943 Washington Square Mall, Washington, NC 27889
Phone: [phone] FAX:[phone] Internet: www.nccoastalmanagement.net
An Equal Opponunity 1 Affirmative Action Employer

Ms. Laura Clark
2 December 2014
Page 2 of 2
repeated may be considered a separate violation that is subject to an additional assessment of $250. An
injunction or criminal penalty may also be sought to enforce any violation as stipulated in NCGS 113A-126.
It is the policy of the Coastal Resource Commission to levy a minimum civil assessment of $227 against
all violations of this type. This is done to recoup some of the cost 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 amount of resources affected the extent of the damage to
the resources.
Based upon N.C. Administrative Code Title 15A Subchapter 7H, State Guidelines for Areas of
Environmental Concern, and the activity you have undertaken appear consistent with guidelines for Areas of
Environmental Concern. Therefore, restoration of the impacted area is not requested at this time. However,
please be advised that upon request, you must be able to provide us proof that you have given your adjacent
riparian property owners notice of this unauthorized development and provided them the opportunity to
comment to the Division of Coastal management.
Should you be requested to provide this documentation, you must provide confirmation that a written
statement has been obtained, signed by the adjacent riparian property owners, indicating that they have no
objection to the completed work; or you must provide confirmation that the adjacent riparian property owners
have been notified by certified mail of the completed work. This notice shall instruct adjacent property owners
to provide any comments on the completed development in writing to this Division within ten (10) days of
receipt of the notice and shall indicate that no response from them will be interpreted as not having any
objection.
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 my submission of an enforcement report to
the District Manager, you will be notified as to the amount of a civil assessment for undertaking development
without first obtaining the proper permit(s).
Sincerely,
Kevin Hart
Environmental Senior Specialist
Cc: Roy Brownlow — Enforcement Coordinator, DCM
David Moye — Washington District Manager, DCM

� � A
NCDENR
North Carolina Department of Environment and
Division of Coastal Management
Pat McCrory
Governor
9 December 2014
CERTITIED MAEL 7010 02" 00015628 7239
RETURN RECEIPT REQUESTED
Laura Clark
174 Traders Point Lane
Tarboro, North Carolina 27886
RE: CAMA VIOLATION 914-08
Dear Ms. Clark:
Natural Resources
John E. Skvarla, III
Secretary
This letter is in reference to the Notice of Violation that Kevin Hart, representative for the Division of
Coastal Management, issued to you on 2 December 2014 for unauthorized development in violation of the
Coastal Area Management Act (CAMA). The violation occurred onsite your property located property located
off NC Highway 32 at 66 Cypress Shores adjacent Albemarle Sound near the Town of Roper, in Washington
County, North Carolina. The violation resulted from the unauthorized filling, grading and construction of a
fence within the Estuarine Shoreline of the Coastal Shoreline Area of Environmental Concern. The violation
involved Public Trust Shoreline of the Coastal Shoreline, which is an Area of Environmental Concern (AEC) as
designated by the Coastal Resources Commission.
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 Resource Commission, a proposed civil penalty in the amount of $227 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 $227 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.
943 Washington Square Mall, Washington, NC 27889
Phone: [phone] FAX: [phone] Internet: www,nccoastaimanagement.net
RECEIVED
DEC 11704A
An Equal Opportunity 1 Affirmative Action Employer Vl! WWI -lb G'ITY

Ms. Laura Clark
9 December 2014
Page 2 of 3
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.
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,
David W. Moye
District Manager
Division of Coastal Management
Washington Regional Office
ENCLOSURE
Cc: Roy Brownlow - Compliance Coordinator, DCM
Kevin Hart - Environmental Senior Specialist
RECEIVED
DEC 1 1 7016
DCM-AHD CITY

Ms. Laura Clark
9 December 2014
Page 3 of 3
CAMA VIOLATION #14-08
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 $227.00 against me for violation of the Coastal Area
Management Act, NCGS 113A-100 et seq, committed on or near my property located off NC Highway 32 at 66
Cypress Shores adjacent Albemarle Sound near the Town of Roper, in Washington 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 2 December 2014, and agree to pay the civil assessment of
$227.00
DATE
SIGNATURE
ADDRESS
TELEPHONE NUMBER
RECEIVED
DEC. 1 1 70 "
DCM-MHD CITY

DCM ENFORCEMENT TRACKING REPORT RECEIVED
Rep. ag1`J AAK( Is
Rep.
01
LPO ❑
IPI �
DEC. 0 b 1014
t+"—
Violation Casafty nNn p ,.s•
Permit No. A
(if applicable)
Violation Description Was activity permirtable Y / No
Initial Discovery Date 26 NOV X61LI Discovery Method � I,I 21 oU A6l `I s 51 J/4f$0 GoMPtnlrlf
Violation Description bE.VCU04M 4-1 LFEaLE) 1JIMV1794 rS$UpAI,JE CH&Cfu,JC AG(_ dbJALFi✓' in ALUMARj
SOua(a
Kesponaeni information - Prior cAMA or D/F Violations: Yes / Nvo
Prior case No:
Respondent Name(s) I AIAA GL
andown
genf/Contractor)
Address GL Ch'PI:ESs SAeREs
City Ro.PGK
State_ Zip 2757v
Phone# .752'$13'Iii3
Fax#/Email n1�A
Corporate Name & Registered agent
Violation Type: Project Type:
Authorizations Required:
Site Visits Respondent Site Visits Respondent
No Permit �Private/Communiry
❑Major ❑ CAMA
Present
Present
❑ Permit Condition ❑' Govt./Public
I/5 Minor ❑ D&F
2(, � ,t111J
�
❑
❑ Expired Permit ❑ Commercial
❑ General
❑
❑
❑ Inconsistent w/ Rules Tier Level: 1 II
III
❑
Violation Location and Site Description
i
/
Project Location: County L,
LaULong '
5RIA1LTn/+
Shoreline Length
Street Address/ State Road/ Lot #(s) 66 C29L
sW2 RJR bK
SAV: Not Sum Yes
o
AL. 31.
Sandbags: Not Sure Yes
Ny�
Subdiivpviss-ionppGggw $11dRGS
PNA: Yes
No Adjacent
City I�IIF
q
ZIP p(/ ! �D
ORW: Yes
0 Adjacent
Crit. Hab. Yes
No
Phone#(;). ) ' S -7
River Basin PASQUojAnlK
Photos Yes
Adj.Wtr.Body SOtidD
nat an/unkn)
Waiver Required Yes
(9
_AL90AKLE
Closest Maj. Wtr. Body AtAEAAVa,C
SOudp
In DWQ Buffer Area Yes
Specify DWQ Buffer if applicable:
Restoration
I
NOV Date 26 AOII 10lq
Initial Req. Comp. Date
Extension Granted
Yes
/�
.�
Restoration Letter
CNOV Date I AILA
Date Comp. Observed
Acceptance Date
Penalty Assessment
Sent to Respondent Date APp /Perinit Fee
Rcvd. by Dist. Mgr. Date
Assessment Extended Yes No WillfuUlntent.
Continuing
7J.0409 Ref.
Recomm. Assess.
DCM Assess.
$ )00.00
$ 160.00
$ 100.00
$ 100.DO
$ z7l,o
$ �T.00
Total
4 Z2700
1 1?� Da

Formal Assessments, Appeals and Reductions NIA
Date Long Form Submitted Assessment Appealed: Yes No
Date Formal CPA Submitted _ . Q. penalty modified
Final Assessment $ Date
Attorney General's Office for Injunction or Formal Collection �h
Date sent to AG �. Respondent not responsive to penalty/NOV_Q.,Injunction to•complete restoration
Date Collection Letter Sent - ,Date Demand;Lette( Sent
Violation Activities and Impacts
AECs Affected: Wetlands Impacted? Ye / N If yes, which types:
CW EVV PTA PTS
OEA HHF IH UBA N/A SA DS CJ SY JR LS TY
PWS: FC: SS SC SP IF BF 404
Other:
Restoration Required by the Respondent Yes / No
Dimensions in excess
of permit/ unauthorized activities
Dimensions to restore
Final dimensions
allowed
Actually restored
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NOTES:
Closing
Payment Received $ Date Date Case Closed