07-34B Perry

07-34B
North Carolina Department of Environment and Natural Resources
Division of Coastal Management
Michael F. Easley, Governor James H. Gregson, Director William G. Ross, Jr., Secretary
5 November 2007
Ms. Peggy Perry
435 Sam Allen Rd
Roper, NC 27970
RE: Payment of Proposed Penalty for Violations of the Coastal Management Act
Committed in Beaufort County
CAMA Violation No. 07-34B
Dear Mr. Robert Faucette:
�'ty uCM
This letter will acknowledge receipt of Check No. 4295 in the amount of $50.00, and
dated 1 November 2007. 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 Kim Hedrick,
(252)-948-3936, at the Washington Regional office.
Sincerely,
;Z7��
Terry E. Moore
District Manager
Division of Coastal Management
Washington Regional Office
Cc: Ted Tyndall — Assistant Director, DCM
Roy Brownlow — Compliance & Enforcement Coordinator
Kim Hedrick - Coastal Management Representative, WARD, DCM
943 Washington Square Mall, Washington, North Carolina 27889
Phone: [phone] FAX [phone] k Internet: w .nccoastalmanagementnet/
An Equal Opportunity kAffirmative Action Employer -50% Recycled k 10%Post Consumer Paper

COI,SIF���
o�OV
3
North Carolina Department of Environment and Natural Resources
Division of Coastal Management
Michael F. Easley, Govemor James H. Gregson, Director William G. Ross, Jr., Secretary
October 24, 2007
CERTIFIED MAIL 7007-0220-0003-1487-2182
RETURN RECEIPT REQUESTED
Ms. Peggy Perry
435 Sam Allen Rd.
Roper, NC 27970
RE. CAMA VIOLATION #07-34-B
Dear Ms. Perry:
407-34-B
This letter is in reference to the Notice of Violation dated 17 October 2007 that Kimberly
Hedrick, Compliance and Enforcement Representative, issued to you for the unauthorized
installation of a slatted, elevated, wooden, and unroofed observation deck within 30-feet of the
Pamlico River on your property located at 458 Old Pamlico Beach Rd. (East) (SR 1730) in
Pamlico Beach Subdivision, Beaufort County, North Carolina. The violation involved Estuarine
Shoreline, which is an Area of Environmental Concern designated by the Coastal Resources
Commission. Based upon the site visit conducted on 4 October 2007 by Kimberly Hedrick, no
restoration was required in the notice of violation for the unauthorized development.
The Coastal Area Management Act provides that a civil assessment of up to $250 may be
assessed for any violation of this type. 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.
943 Washington Square Mall, Washington, North Carolina 27889
Phone: [phone] FAX: [phone] Internet: www.nocoastalmanagement.netl
Ne
An Equal Opportunity \ Affirmative Action Employer — 50% Recycled k 10% Post Consumer Paper XhCanolina
11 aturn!ly

Ms. Peggy Perry
October 24, 2007
Page 2 of 3
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,
Terry E. Moore
District Manager
Division of Coastal Management (DCM)
Enclosure
Cc: M. Ted Tyndall, Assistant Director, DCM
Roy Brownlow, Compliance Coordinator, DCM
Kimberly Hedrick, Compliance and Enforcement Representative, DCM
Steve Trowell, Field Representative, DCM
Al Hodge, Division of Water Quality, Washington Regional Office

North Carolina Department of Environment and Natural Resources
Division of Coastal Management
Michael F. Easley, Governor James H. Gregson, Director William G. Ross, Jr., Secretary
NOTICE OF VIOLATION
October 17, 2007 CERTIFIED MAIL 7007 0220 00031487 2120 R§P
RETURN RECEIPT REQUESTED OCT 2 9 9007
Ms. Peggy Perry Morehead City �C
435 Sam Allen Rd. � M
Roper, NC 27970
RE: NOTICE OF VIOLATION AND REQUEST TO CEASE UNAUTHORIZED DEVELOPMENT
CAMA VIOLATION#07.34-B
Dear Ms. Perry:
This letter confirms that on 4 October 2007, 1 was onsite your property located at 458 Old Pamlico
Beach Rd. (East) (SR 1730) in Pamlico Beach Subdivision, adjacent to the Pamlico River, Beaufort County,
North Carolina. The purpose of my visit was to investigate what appeared to be new wooden deck
construction recorded during routine monitoring of permit activity on the Pamlico River. This letter confirms
our telephone conversation on 16 October 2007 regarding the unauthorized development on your property.
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 minor development in 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 Statute (N.C.G.S.) 113A-118.
I have information that indicates you have undertaken or are legally responsible for the installation
of an unauthorized 11-foot long by 16-foot wide (176 square feet) slatted, elevated, wooden, and unroofed
observation deck located within 30-feet of the normal water level (NWL) of the Pamlico River. This activity
took place within the Estuarine Shoreline of the Pamlico River. Estuarine Shoreline is designated as an
Area of Environmental Concern (AEC) and is the upland area along your shoreline as measured from the
NWL, or bulkhead sheathing on your property, to a distance of 75-feet landward of NWL. No permit was
issued to you for the construction of the wooden observation deck. 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 $250 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 $250. An injunction or
943 Washington Square Mall, Washington, North Carolina 27889
Phone: [phone] FAX [phone] Internet: www.nccoastalmanagementnetf N7'1o7�pC�thCarolina
An Equal Opportunity l Affirmative Action Employer -50%Recycled 110% Post Consumer Paper wWurally

Ms. Peggy Perry
October 17, 2007
Page 2 of 2
criminal penalty may also be sought to enforce any violation (N.C.G.S. 113A-126). It is the policy of the
Coastal Resources Commission to levy a minimum civil assessment of $50 not to exceed $250 against all
violations of this type. 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 NC Administrative Code,'71-1. State Guidelines for Areas of Environmental Concern,
the construction activity you have undertaken could have been permitted via the CAMA Minor permit
process; therefore no restoration will be requested by this Division. Any additional work within the 75-foot
Estuarine Shoreline AEC will require a permit from this Division.
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.
Sincerely,
G
Kimberly Hedrick
Compliance and Enforcement Representative
Division of Coastal Management (DCM)
cc: M. Ted Tyndall, Assistant Director, DCM,
Roy Brownlow, Compliance Coordinator, DCM
Ed Brooks, Minor Permit Coordinator, DCM,
Terry E. Moore, District Manager, DCM
Steve Trowell, Field Representative, DCM
Al Hodge, Division of Water Quality, Washington Regional Office

1DCM ENFORCEMENT TRACKING REPORT
r r Issuer �.� _3y
Field Rep. W Cv� D�1 O Violation Base No.
A B C D
LPO
Violated Permit No.
LPJ vappllcable)
Violation Description Was activity permittable? Ye / N,/o�
Initial Discovery Date 0 '{ 0 Discovery Method o ' f " c t1 /: a `-� Od r
Violation Description /� r v V D n 0-4 I/ o d S (� C
Respondent Information Prior Violations in same AEC: Yes / No dpAR1712 f w
Respondent Names)
andowner gent/Contractor)
76 U
(601 4,11
AJ City k f2_ State �) C Zip
-)
Address
Phone# aS a35 ti o)J,
__a
Fax# (�
I v;j�Ton r� 415
saM Alfcn 91, POR(c, Nc, a�g �o
t,t�l_1 t
Violation Type: Project Type:
Authorizations Required: Site Visits Respondent Site Visits
Respondent
[� NePertnit ®PrivatelCommunity
Present
❑Major CAMA i) 07 ❑
Present
❑
PermitCanditicn Govt.IPublic)
Minor D&F ,..._i
L
J
Expired Permit ❑ Commercial
❑General _._..._. ........_._. _.................... ____.
J
❑
Inconsistent wl Rules
Violation Location and Site Description Rover File ht ; "
� y B f O r
Project Location: Count
t
Shoreline Length ±
Street Address/ State Road/ Lot #(s),_._.-_Lo_.,.2t{
SAV; otsure, Yes No
O 6P._4..r1�'i.'r `•S..j.j3o) Sandbags: Not Sure Yes
.......l.,Ei:l:!�_�_I..L.Q
. .......... _...... __._...._..Pa . p
i,'tc D(/} (�r�
PNA: Yeso
Adjacent
Subdivision
DRW: Yes No
Adjacent
City Zip
Crit. Hab. Yes No
Phone # (. River Basin
AR — (7Arn Photos No
Adj. Wtr. Body___ �q.Fy�..1i.4�--- JULf.r..._._.__.....-
Waiver Required g_
In DWQ Buffer Area Yes No
Closest Maj, Wtr, Body Pirtvt i [A
i d ((
Restoration
Extension Granted Yes
No
NOV Date
CNOV Date
Penalty Assessment
Sent to Respondent Date
Rcvd. by Dist. Mgr. Date
Assessment Extended Yes
No
Initial Req. Comp. Date
Date Comp. Observed
Restoration Letter
Acceptance Date
A.0409 Ref.
Recomm. Assess.
DCM Assess.
_.._.._.......................}......._....... _..:.._.................
App./Permit Fee { } 5
.......... ........ ---........._......._.... _
$ — p —
..... ......... ..... ... ............ _.......
$
Penalty
^Willfulllntent.
$
$
Continuing i
$
$
_....._._.._..._.._.._......._.......r_......._........._..........:_........................................_._............_..........._.............._.........._..._......._...I
Other
$
$
j Total

R
Formal Assessments, Appeals and Reductions
Date Long Form Submitted
Date Formal CPA Submitted
Final Assessment
Assessment Appealed Yes No
❑ Penalty modified
Attorney General's Office for Injunction or Formal Collection
Date sent to AG __._.___ _.__ ❑ Respondent not responstm to penalty/NOV ❑ Injunction to complete restoration.
Date Collection Let. Sent Date Demand Let. Sent_._..__._.____....
Violation Activities and Impacts
AECs Affected: Wetlands Impacted? Yes / No If yes, which types:
CW EW PTA ES PTS SA DS CJ SY 1R LS TY
OEA HHF IH 8A NIA SS SC SP 404
PWS: FC:
Restoration Required by the Respondent Yes I No
NOTES: _
!_.o
14 0CT �0'1 SRo4tP -ttl MS. rf V:0Iai70,1
Closing
Payment Received
Date Case Closed