05-16D Town of Carolina Beach

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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
May 26, 2005
CERTIFIED MAIL 7004 2890 0002 3425 2491
RETURN RECEIPT REQUESTED
Mr. Calvin Peck
Town Manager
Town of Carolina Beach
11211 N. Lake Park Blvd.
Carolina Beach, N.C. 28428
RE: CAMA VIOLATION #05-16 D
SECOND NOTICE OFASSESSMENT
Dear Mr. Peck:
This letter is in reference to the previous Notice of Assessment dated May 10, 2005 for the Notice of
Violation sent to you dated March 23, 2005, for unauthorized minor development at your property located at
the north end of Carolina Beach (Freeman Park), New Hanover County. The violation involved Ocean
Hazard Areas, which are Areas of Environmental Concern designated by the Coastal Resources
Commission. Based upon the site visit conducted by Division of Coastal Management staff, the restoration
requested appears satisfactorily completed.
The Coastal Area Management Act provides that a civil assessment of up to $2,500 may be assessed for
any violation. It is the policy of the Coastal Resources Commission to assess a civil penalty for all
violations. This is to recover some of the costs of investigating violations and/or to compensate the public
for any damage to its natural resources.
As stated in the previous Notice of Assessment, under the rules of the Coastal Resource Commission, a
civil penalty in the amount of $200 is appropriate for this violation. Therefore, a $200 penalty is informally
proposed against you. You may expeditiously resolve this matter at this time by accepting responsibility for
the violation and paying the amount proposed above. In order to do this, you must: (1) sign the "Agreement
to Pay Civil Assessment;" (2) attach a check or money order for $200 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
127 Cardinal Drive Ext., Wilmington, North Carolina 29405-3845
Phone: [phone] \ FAX: [phone] \ Internet: www.ncroastaimanagement.net
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Calvin Peck
May 26, 2005
Page 2 of 3
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If you do not send a signed agreement and payment to this office within" 0) days, I will request the
Director of the Division of Coastal Management formally assess a civil penal10; gainsf you ror this violation.
You will then have the opportunity to request a hearing on the penalty or request remission of the penalty.
Please be advised, this is the final attempt to resolve this matterinformally.
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,
Ji Gregson, Dist t Manager
cc: Ted Tyndall, Assistant Director, DCM
Roy Brownlow, Compliance Coordinator, DCM
Robb Mairs, Coastal Management Representative, DCM
127 Cardinal Drive Ext., Wilmington, North Carolina 28405-3845
Phone: [phone] FAX: [phone]Internet www.nocoastalmanagement.net
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` Calvin Peck
May 26, 2005
Page 3 of 3
CAMA VIOLATION #05.16 D
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 $200 against me for violation of the Coastal Area
Management Act, NCGS 113A-100 et sec, committed on or near my property at the northend of Carolina
Beach (Freeman Park) in Carolina Beach, New Hanover 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 March 23, 2005, and agree to pay the civil assessment of $200.
DATE
SIGNATURE
ADDRESS
TELEPHONE NUMBER
127 Cardinal Drive Ext., Wilmington, North Carolina 28405.3845
Phone: [phone] FAX: [phone]Internet: www.nccoastalmanagement.net
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Dennis Barbour
Mayor
Jack Lynch
Councilman
Joel Macon
Councilman
May 24, 2005
Robb Mairs
Division of Coastal Management
127 Cardinal Drive Ext.
Wilmington, NC 28405-3845
Mr. Robb Mairs,
COPY pat Efird
Mayor Pro Tem
TOWN OF CAROLINA BEACH
1121 N. Lake Park Boulevard
Carolina Beach, North Carolina 28428
910 458 2986 / FAX [phone]
[e-mail]
Gary Doetsch
Councilman
Calvin R. Peck, Jr.
Town Manager
The Town placed a sign oceanward of the first line of stable vegetation within the ocean hazard AEC. This
occurred due to a misunderstanding as to where the sign could be placed according to 15A NCAC 07H .1904 as
stated below. The sign was moved to a permitted area as soon as the Town was informed the original location
was unacceptable. No site disturbance resulted from the post placed in the sand. Since the violation had no
impact and is now in compliance the Town requests the fine of $200 be waived. Thank you for the help.
15A NCAC 07H .1904 GENERAL CONDITIONS
(a) Temporary structures for the purpose of this general permit are those which are constructed within the ocean
hazard or estuarine system AECs and because of dimensions or functions do not meet the criteria of the
existing general permits (i.e. are not a bulkhead, pier, rip -rap, groin, etc.).
(b) There shall be no encroachment oceanward of the first line of stable vegetation within the ocean hazard AEC
except for the placement of auxiliary structures such as signs, fences, posts, pilings, etc.
(c) There shall be no fill activity below the plane of mean high water associated with the structure.
(d) This permit will not be applicable to proposed construction where the Department has determined, based on
an initial review of the application, that notice and review pursuant to G.S. 113A-119 is necessary because there
are unresolved questions concerning the proposed activity's impact on adjoining properties or on water quality;
air quality; coastal wetlands; cultural or historic sites; wildlife; fisheries resources; or public trust rights.
(a) Individuals shall allow authorized representatives of the Department of Environment and Natural Resources
to make periodic inspections at any time necessary to ensure that the activity being performed under authority of
this general permit is
in accordance with the terms and conditions prescribed herein.
(f) This permit does not eliminate the need to obtain any other state, local or federal authorization, nor, to abide
by regulations adopted by any federal, state, or local agency.
(g) Development carried out under this permit must be consistent with all local requirements, and local land use
plans current at the time of authorization.
Sincerely,
Jeremy Hardison
Zoning Administrator
Town of Carolina Beach

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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
May 10, 2005
CERTIFIED MAIL 7004 2890 0002 3425 2484
RETURN RECEIPT REQUESTED
Mr. Calvin Peck
Town Manager
Town of Carolina Beach
11211 N. Lake Park Blvd.
Carolina Beach, N.C. 28428
RE. CAMA VIOLATION #05-16 D
Dear Mr. Peck:
This letter is in reference to the Notice of Violation dated March 23, 2005 that Robb Mairs, representative for
the Division of Coastal Management, issued to you for minor development at the north end of Carolina Beach
(Freeman Park), New Hanover County. The violation involved the Ocean Erodible Area, which is areas of
Environmental Concern designated by the Coastal Resources Commission. Based upon the site visit
conducted on April 22, 2005 and May 10, 2005 by Robb Mairs, Field Representative for the N.C. Division of
Coastal Management, 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 $2,500 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 $200 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 orderto 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 $200 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.
127 Cardinal Drive Ext., Wilmington, North Carolina 28405-3845
Phone: [phone] FAX: [phone] Internet: www.nccoastaimanagement.net
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Town of Carolina Beach
May 10, 2005
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 395.3900.
Sin erely,
Ji Gr son, District Ma ger O ;
Division of Coastal ManagementCD
j
CD
Enclosure Q
r.
cc: Ted Tyndall, Assistant Director, DCM
u5
Roy Brownlow, Compliance Coordinator, DCM
Robb Mairs, Coastal Management Representative, DCM
127 Cardinal Drive Ext., Wilmington, North Carolina 28405-3845
Phone: [phone] \ FAX: [phone] \ Internet: www.nccoastalmanagement.net
An Equal Opportunity \ Affirmative Action Employer— 50% Recycled \ 10% Post Consumer Paper

Town of Carolina Beach
May 10, 2005
Page 3 of 3
CAMA VIOLATION #05-16 D
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 $200 against me for violation of the Coastal Area Management
Act, NCGS 113A-100 et sec, committed on or near the Town of Carolina Beach on the north end of Carolina
Beach (Freeman Park), in New Hanover 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 March 23, 2005, and agree to pay the proposed civil assessment of $200.
DATE
SIGNATURE
ADDRESS
TELEPHONE NUMBER
127 Cardinal Drive Ext., Wilmington, North Carolina 28405-3845
Phone: [phone] \ FAX: [phone] \ Internet: www.nccoastalmanagement.net
An Equal Opportunity \ Affirmative Action Employer— 50% Recycled \ 10% Post Consumer Paper

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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
CERTIFIED MAIL 7003 0500 0004 8598 0751
RETURN RECEIPT REQUESTED
NOTICE OF VIOLATION
March 23, 2005
Town of Carolina Beach
Town Manager
Mr. Calvin Peck
1121 N. Lake Park Blvd.
Carolina Beach, N.C. 28428
RE: NOTICE OF VIOLATION AND REQUEST TO CEASE UNAUTHORIZED DEVELOPMENT
CAMA MINOR VIOLATION #05-16 D
Dear Mr. Peck:
This letter confirms that on March 10, 2005, 1 was onsite at your property located at the north end of
Carolina Beach (Freeman Park) adjacent to the Atlantic Ocean located in or near the Town of Carolina
Beach, off Canal Dr., New Hanover County, North Carolina. The purpose of the visit was to investigate
unauthorized development consisting of land disturbing activities, which includes installation of signs on a
frontal dune and fencing within public beach area.
Information gathered by the NC Division of Coastal Management shows that you have undertaken minor
development in violation of the Coastal Area Management Act. No person may undertake minor
development in a designated Area of Environmental Concern without first obtaining a permit from the North
Carolina Department of Environment and Natural Resources, North Carolina General Statutes (N.C.G.S.)
113A-118.
I have information that you have undertaken, or are legally responsible for, minor development by installing
a sign on a frontal dune (2-8"x8" pilings), sand fencing along both sides of the north end entrance
(approximately 50 feet), and of a privacy fence (approximately 62 feet) waterward of the first line of stable
natural vegetation on the aforementioned property. This activity took place in the Ocean Hazard Areas that
are contiguous with the Atlantic Ocean. Ocean Hazard Areas are designated as Areas of Environmental
Concern (AEC). No permit was issued to you for work in this area. Based on these findings, I am initiating
an enforcement action by issuing this Notice of Violation for violation of the Coastal Area Management
Act.
127 Cardinal Drive Ext., Wilmington, North Carolina 28405-3845
Phone: [phone] FAX; 910-350-20041 Internet: www.nccoastalmanagement.net
An Equal Opportunity 1 Aff rmative Action Employer — 50% Recycled 110% Post Consumer Paper

I request that you immediately CEASE AND DESIST any further development and contact me about this
important matter. 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 $250. An injunction or criminal penalty may also be sought to
enforce any violation in accordance with N.C.G.S. 113A-126.
It is the policy of the Coastal Resources Commission to assess a minimum civil penalty of $50 against all
violations of this type. 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. Whether a higher amount will be assessed
will depend on several factors, including the nature and area of the resources affected and the extent of the
damage to them. If restoration of the affected resources is requested, but is not undertaken or completed
satisfactorily, a substantially higher civil penalty will be assessed and a court injunction will be sought
ordering restoration.
Based upon the North Carolina Administrative Code, Title 15A, Subchapter 07H. State Guidelines for Areas
of Environmental Concern, the activity you have undertaken, installation of a pile supported sign on a
frontal dune, installation of sand fencing and installation of a privacy fence in the Ocean Hazard Areas
AEC(s), is not consistent with Sections 15A NCAC 07H.0309(a) and 15A NCAC 07K.0212(6)(b)(c), which
states: "development shall be permitted only if its landward of the vegetation lines and involves no
alteration of primary and frontal dunes which would compromise the integrity of the dune as a protective
landform or the dune vegetation". "Sand fencing installed parallel to the shoreline shall be located no farther
waterward than the crest of the frontal or primary dune; or Sand fencing installed waterward of the crest of
the frontal or primary dune shall be installed at an angle no less than 45 degrees to the shoreline.
Individual sections of sand fence shall not exceed more than 10 feet in length (except for public
accessways) and shall be spaced no less than seven feet apart, and shall not extend more than 10 feet
waterward of the following locations, whichever is most waterward, as defined in 15A NCAC 7H .0305: the
first line of stable natural vegetation, the toe of the frontal or primary dune, or erosion escarpment of the
frontal or primary dune". Therefore, I am requesting that the structures aforementioned be removed and
any dune disturbance shall be repaired to its original contours. Please refer to the enclosed Restoration
Agreement.
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 immediate 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. 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.
Sincerel44�
Robb Mairs
Coastal Management Representative
Cc: Ted Tyndall, Assistant Director, DCM
Jim Gregson, District Manager, DCM
Roy Brownlow, Compliance Coordinator, DCM
ENCLOSURE

I request that you immediately CEASE AND DESIST any further development and contact me about this
important matter. 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 $250. An injunction or criminal penalty may also be sought to
enforce any violation in accordance with N.C.G.S. 113A-126.
It is the policy of the Coastal Resources Commission to assess a minimum civil penalty of $50 against all
violations of this type. 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. Whether a higher amount will be assessed
will depend on several factors, including the nature and area of the resources affected and the extent of the
damage to them. If restoration of the affected resources is requested, but is not undertaken or completed
satisfactorily, a substantially higher civil penalty will be assessed and a court injunction will be sought
ordering restoration.
Based upon the North Carolina Administrative Code, Title 15A, Subchapter 07H. State Guidelines for Areas
of Environmental Concern, the activity you have undertaken, installation of a pile supported sign on a
frontal dune, installation of sand fencing and installation of a privacy fence in the Ocean Hazard Areas
AEC(s), is not consistent with Sections 15A NCAC 07H.0309(a) and 15A NCAC 07K.0212(6)(b)(c), which
states: "development shall be permitted only if its landward of the vegetation lines and involves no
alteration of primary and frontal dunes which would compromise the integrity of the dune as a protective
landform or the dune vegetation". "Sand fencing installed parallel to the shoreline shall be located no farther
waterward than the crest of the frontal or primary dune; or Sand fencing installed waterward of the crest of
the frontal or primary dune shall be installed at an angle no less than 45 degrees to the shoreline.
Individual sections of sand fence shall not exceed more than 10 feet in length (except for public
accessways) and shall be spaced no less than seven feet apart, and shall not extend more than 10 feet
waterward of the following locations, whichever is most waterward, as defined in 15A NCAC 7H .0305: the
first line of stable natural vegetation, the toe of the frontal or primary dune, or erosion escarpment of the
frontal or primary dune". Therefore, I am requesting that the structures aforementioned be removed and
any dune disturbance shall be repaired to its original contours. Please refer to the enclosed Restoration
Agreement.
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.

RESTORATION PLAN
For
The Town of Carolina Beach
CAMA Minor Violation #05-16 D
Property located at the north end of Carolina Beach (Freeman Park),
New HanoverCounty
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I, Calvin Peck, agree to remove the 8"x8" pilings and sign from the frontal dune, 100 feet of sand fencing
along both sides of the entrance to the north end and 62 feet of privacy fence that is located waterward of
the first line of stable vegetation.
R.N
I agree to complete this restoration to the satisfaction of the Division of Coastal Management (DCM) by Apo 22,
2005, 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 levy a minimum civil assessment of $50 and higher against all violations of
this type depending upon the damage to the resources. If restoration is not undertaken or satisfactorily completed, a substantially .
higher civil assessment will be levied and an injunction sought to require restoration.

20-Apr-05 NC DIVISION OF COASTAL MANAGEMENT ENFORCEMENT RECORD
CASE STATUSi
• CASE IS OPEN
CASE NUMBER LAST NAME
FIRST NAME BUSINESS NAME:
05-16D CAROLINA BEACH TOWN OF c/0 CALVIN PECK, MANAGER
CASE IS CLOSED
NOV DATE CLOSURE
DATE AFFLILIATION
PROPERTY OWNE
SECTOR Previous Violations in Same AEC
PUBLIC )� for Similar Activities
3/2312005 F_
MAILING ADDRESS
CITY STATE
ZIP CODE PHONE NUMBER
1121 N. LAKE PARK BLVD
CAROLINA BEAC NC
2gg2g.
i
PROPERTY ADDRESS
COMMUNITY
WATERBODY NEAREST ROAD
FREEMAN PARK
ICAROLINA BEACH
IATLANTIC OCEAN F—
DISTRICT OFFICE COUNTY DCM REPRESENTATIVE LPO CONTACT
FRO NEW HANOVER MAIRS�-
VIOLATION TYPE AFFECTED AEC(S) CW EW ❑ PTA ❑ ES ❑ PTS
MINOR CAMA J OEA ',_1 HHFA ❑ IHA ❑ PWS ❑ NCRA
NATURE OF VIOLATION AEC DESCRIPTION
orized minor development by Installing a sign, fence, and sandfencing waterwarc
vegetation on a frontal dune adjacent to the Atlantic Ocean within the OEA AEC.
RESTOR4_i -1 RESTORATION REQUEST DATE
,Jf 4/22/2005
- -1 RESTORATION NOT REQUIRED - CONTRACTOR
RESTORATION NOT REQUIRED - PERMITTABLE DEVELOPMENT
❑ RESTORATION NOT REQUIRED -FURTHER IMPACTS
❑ RESTORATION PENDING
COMPLETION DATE
RESTORATION EXTENDED RESTORE DATE
❑ DEADLINE
EXTENDED 1 _,—
❑ REFERRED TO AG'S OFFICE- COLLE&IO
❑ REFERRED TO AG'S OFFICE - INJUNCTION
ASSESSMENT DATE PENALTY AMOUNT COLLECTION DATE AMOUNT COLLECTED
PENALTY STATUS! ----
:r1 PENALTY ISSUED
❑ PENALTY NOT ISSUED ] WILLFUL INTENTIONAL PENALTY (MIN. OR DOUBLED) ❑ CNOV ISSUED
CONRACTOR'S FIRST OFFENSE ❑ SETTLED, AGREED UPON, OR STIPULATED PENALTY (� PENALTY APPEALED
!.. 1 UNCOLLECTIBLE PENALTY ❑ FORMAL CPA ISSUED
Violations Involving Adversely Impacted Resources
AMOUNT OF ADVERSELY DISTURBED AREA (SO. FT.)
AMOUNT OF RESTORED AREA (SO. FT) I_
NOTES

FILE MEMORANDUM
TO: ROY SROWNLOW, COMPLIANCE COOP,OIiNATOR
FROM: M. TED TYNDALL, ASST. DIRECTOR
SUBJECT: VIOLATION CASE CLOSURE RECWNIENDATIONS
DATE: 02/01/2012
CC: RONDA BENNETT
Investigation has disclosed information that warrants discontimiation of enforcement action on
the case listed below. Therefore, based upon staffs review and circWstances in this case, I
hereby authorize closing/discontinuing CAMA Violation case No.: o - 16P
Ze
M. TED TYNDALL. Assistant Director
02/01/2012
Date