10-41D Clark

RECEIVED 01
OCT282010
M0(Ghe0dCltyDCM
NCDENR
North Carolina Department of Environment and Natural Resources
Division of Coastal Management
Beverly Eaves Perdue James H. Gregson Dee Freeman
Governor Director Secretary
October 26, 2010
Mr. Eddie Clark
1602 Hwy 64E
Pittsboro, NC 27312
RE: Closure Letter
Payment of Proposed Penalty for Violations of the Coastal Area Management Act,
Committed in Brunswick County
CAMA Violation #1041D
Dear Mr. Clark:
This letter will acknowledge receipt of your Money Order#17981496630, in the amount of $200.00, dated
10/22/10. 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 at my Wilmington Regional
Office, [phone].
incerel
Steven H. Everhart, PhD
District Manager
SHE/tms
cc: Ted Tyndall, Assistant Director
Roy Brownlow, Compliance Coordinator
WIRO File Copy
Donna Coleman, LPO
127 Cardinal Drive 5d., Wilmington, NC 28405
Phone: [phone] FAX: [phone] Internet: www.ncooastalmanagement.net
An Equal Opportunity I Affirmative Acton Employer
.One hCarolma
Naturally

10/20/2010 10:00 FAX 0002
lu/2o/^nln riy:_4 919742519: CHATHAM CAI.11 I%. PAGE e6/06
Mr. Eddie Clark
October 6, 2010
Page 3
CAMA VIOLATION $10.41D
Mr, Eddie Clark
AGREEMENT TO PAY PROPOSED CIVIL ASSESSMENT
I understand that rho staff of the Departmenlof Environmenl and Natural Resources will propose the assessment
of a civil penalty in the amount of $200 against me for violation of the Coastal Area Manayan ent Act. NCGS
113A•100 at seq, committed on or near property located at 125 SW 121h Street in Oak Isinnd, Brunswick County,
North Carolina. In order to resolve this matter with no further action or expense on my part. I accept responsibility
for Ole violation as desoihed in Ole Notice of Violation letter dated October 1, 2010, and agree to pay the
proposed civil assessment of $200,
DATE
ADDRESS
TELEPHONE NUM rR
ON
127 cardinal rAne Ext., wKinin0ron, North Cardin 25405-1845 OIIC
wwr¢ 910.796.7�15tFAx: 910.305-39(i4lhrlemal: wWW.nIXAaslainlapa0emanl.net N it Carol/❑�,ia
An)-quMOpponnnAylAf rmarlwOAGiullEmployer-tO%Recyded110%PU41COAaumerRIOu r/ ilfll!(l�ll,/

Send to:
Roy Brownlow, Compliance and Enforcement Coordinator, DCM
DCM Compliance and Enforcement Representative
LOCAL PERMIT OFFICER ENFORCEMENT REPORT FOR MINOR VIOLATIONS
CASE NO. (Obtain from DCM office):: n �� PERMIT NO. (if Applicable):
LPO'S NAME: Ii",VVA 'CIFbULAnWn LOCALITY: (��IM L�^
COASTAL MANAGEMENT REPRESENTATIVE l � O Y
RESPONDENT'S NAME: E �IOLU CAO �- MAILING ADDRESS: �O e
CITY: , STATE: W-- ZIP: Aa PHONE NO.:
/
COUNTY: t,L NEAREST/ADJACENT WATER BODY: MS l llyt VIVI
PREVIOUS VIOLATIONS (CHECK LOCAL FILES AND CALL DCM OFFICE): NOYES ❑
DATE OF ENFORCEMENT LETTER:
ADDRESS/LOCATION OF VIOLQ,TIO
VIOLATION DESCRIPTION: << t
VIOLATION TYPE: MINOR CAMA ❑ VIOLATION OF PERMIT
CONDITIONS/SPECIFICA IONS
❑ STOP WORK ORDER (WORK IN PROGRESS)
RESTORATION REQUIRED: DYES I YI.NO DATE REQUIRED FOR COMPLETION:
DATE RESTORATION COMPLETED - SITE INSPECTION DATE:
or PERMIT ISSUE DATE:
AEC TYPE: ESTUARINE SHORELINE
OCEAN ERODIBLE AREA
❑ INLET HAZARD AREA
ePUBLIC TRUST SHORELINE
HIGH HAZARD FLOOD AREA
❑ UNVEGETATED BEACH AREA
FOR DCM OFFICE USE ONLY
RECOMMENDED ASSESSMENT AMOUNT:$ �Ny
DATE REPORT RECEIVED: I6IJ O
DATE OF ASSESSMENT LETTER: (� (_i
AMOUNT RECEIVED: 4ac. ()•CCn
REFERENCE: 7J. 0409 S
ASSESSED AMOUNT:$ ace -cc
DATE PAYMENT RECEIVED: 26c�
CLOSUREDATE
WILLFUL AND INTENTIONAL PENALTY: ❑ (ATTACH DOCUMENTATION)

AA RECEIVED
�jE� OCT S 2010
A
NCDENR Morehead City aCM
North Carolina Department of Environment and Natural Resources
Division of Coastal Management
Beverly Eaves Perdue James H. Gregson Dee Freeman
Governor Director Secretary
October 6, 2010
CERTIFIED MAIL 7010 0290 0003 0833 8468
RETURN RECEIPT REQUESTED
Mr. Eddie Clark
1602 Hwy 64 East
Pittsboro, NC 27312
RE: CAMA VIOLATION #10-41D
Dear Mr. Clark:
This letter is in reference to the Notice of Violation dated October 1, 2010 that Donna Coleman, Local Permit
Officer for the Town of Oak Island, issued to you for unauthorized extension of a deck at 125 SW 12th Street,
Brunswick County due to your actions as contractor for Mr. David Rickman. The violation involved the Estuarine
Shoreline AEC, which is an Area of Environmental Concern 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 Resources 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 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 $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.
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.
127 Cardinal Drive Ext., Wilmington, North Carolina 28405-3845
Phone: [phone] FAX: [phone]Internet: www.nccoastaimanagement.net
An Equal Opportunity 1 Affirmative Action Employer— 50% Recycled 110% Post Consumer Paper
.-One Carolina
1N1�1� h all'y

Mr. Eddie Clark
October 6, 2010
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].
ncerely
Steven H. Everhart, PhD.
District Manager
Enclosure
Tc/Se
cc: WTed Tyndall, Assant Director, DCM
R#y Brownlow, C*pliance Coordinator, DCM
Tara Croft, Compliance and Enforcement Representative
Donna Coleman, Local Permit Officer
127 Cardinal Drive Ext., Wilmington, North Carolina 28405-3845
Phone: [phone] \ FAX: [phone] Internet: www.nccoastalmanagement.nel
An Equal Opportunity \ Affirmative Action Employer — 50% Recycled \ 10% Post Consumer Paper
NorthCarolina
Naturally

Mr. Eddie Clark
October 6, 2010
Page 3
CAMA VIOLATION #10.41 D
Mr. Eddie Clark
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 property located at 125 SW 12th Street in Oak Island, Brunswick 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 October 1, 2010, and agree to pay the
proposed civil assessment of $200.
DATE
SIGNATURE
ADDRESS
TELEPHONE NUMBER
127 Cardinal Drive Ext., Wilmington, North Carolina 28405-3845 One
Phone: [phone] \ FAX: [phone] Internet: www.nccoastalmanagement.net NoahCarolliina
An Equal Opportunity \ Affirmative Action Employer— 50% Recycled 110% Post Consumer Paper Naturally

Send to:
p Roy Brownlow, Compliance and Enforcement Coordinator, DCM
DCM Compliance and Enforcement Representative
LOCAL PERMIT OFFICER ENFORCEMENT REPORT FOR MINOR VIOLATIONS
CASE NO. (Obtain from DCM office): _ �� PERMIT NO. (If Applicable):
LPO'S NAME: hbyww 0'I'l, LOCALITY:
COASTAL MANAGEMENT REPRESENTATIVE: 1&Ad& l 1VO Y'(1�f
RESPONDENT'S NAME: MAILING ADDRESS:
CITY: kAYDSTATE: l� ZIP: 0 L � — PHONE NO.: r '
COUNTY: &AhMeL NEAREST/ADJACENT WATER BODY: MS l Jl� WVI
PREVIOUS VIOLATIONS (CHECK LOCAL FILES AND CALL DCM OFFICE): NOU YES ❑
DATE OF ENFORCEMENT LETTER: t O
ADDRESS/LOCATION OF VIOL TION:
VIOLATION DESCRIPTION:
VIOLATION TYPE: MINOR CAMA ❑VIOLATION OF PERMIT
CONDITIONS/SPECIFICA IONS
❑ STOP WORK ORDER (WORK IN PROGRESS)
RESTORATION REQUIRED: EjYES *NO DATE REQUIRED FOR COMPLETION:
DATE RESTORATION COMPLETED - SITE INSPECTION DATE:
or PERMIT ISSUE DATE:
AEC TYPE:€STUARINE SHORELINE e PUBLIC TRUST SHORELINE
❑❑ OCEAN ERODIBLE AREA HIGH HAZARD FLOOD AREA
❑ INLET HAZARD AREA ❑ UNVEGETATED BEACH AREA
FOR DCM OFFICE USE ONLY
RECOMMENDED ASSESSMENT AMOUNT: $ REFERENCE: 7J. 0409 S
DATE REPORT RECEIVED: o4j, 0 ASSESSED AMOUNT: $
DATE OF ASSESSMENT LETTER: (� (� DATE PAYMENT RECEIVED:
AMOUNT RECEIVED: CLOSURE DATE
WILLFUL AND INTENTIONAL PENALTY: ❑ (ATTACH DOCUMENTATION)

I r LL'r0 m
CERTIFIED MAIL
RETURN RECEIPT REQUESTED S v i C ry
NOTICE OF VIOLATION
10/01/2010
Eddie Clark
1602 Highway 64 East
Pittsboro, NC 27312
to- t(o!> Q« „
RE. NOTICE OF VIOLATION AND REQUEST TO CEASE UNAUTHORIZED DEVELOPMENT
CAMA MINOR VIOLATION #10 - 41 D
Dear Mr. Clark:
This letter is in reference to the 913012010 site visit onsite of Mr. David Rickman's property at 125
SIN I P Street, in Oak Island, North Carolina. The purpose of the onsite visit was to investigate
unauthorized development on the aforementioned property in the Coastal Shoreline Area of
Environmental Concern (AEC).
Information gathered by me shows that your actions as contractor for Mr. David Rickman are in violation of
the Coastal Area Management Act (CAMA). 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.) 11 3A-1 18.
I have information that you have undertaken, or are legally responsible for, minor development by
extending the canal side deck on the aforementioned property. This activity took place in the coastal
shoreline that is contiguous with Davis Canal. Coastal Shoreline 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 initialing 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 development and contact me about this
important matter. A civil assessment of up to $1,000 may be assessed against any violator. Each day that
the development described in this Notice is continued or repeated may constitute a separate violation that
is subject to an additional assessment of $1,000. An injunction or criminal penalty may also be sought to
enforce any violation in accordance with N.C.G.S. 11 3A-1 26.
It is the policy of the Coastal Resources Commission to levy a civil assessment not to exceed $1,000 plus
4621 E Oak Island Drive • Oak Island, North Carolina 28465
Phone: [phone] • Fax: [phone] • Website: www.oakislandnc.com

Eddie Clark
Date 10/01/2010
Page 2 of 2
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. 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.
Based upon the North Carolina Administrative Code, Title 15A, Subchapter 7J.0409(g)(5)(E), the policy of
the Coastal Resources Commission is to levy a civil assessment against contractors in addition to that
assessed against the landowner. Therefore, you should expect a civil assessment to be levied against you
by the Division of Coastal Management.
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 submission of my
enforcement report to the Division of Coastal Management, you will be notified by the Division as to the
amount of a civil assessment for undertaking development without first obtaining the proper permit(s).
Sincerely, y r
Donna F. Coleman
Local Permit Officer
Cc: Steve Everhart, District Manager, DCM
Tara Croft, District Compliance and Enforcement Representative, DCM