06-14D Carter

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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
17 May 2006 LSB( MTT
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CERTIFIED MAIL 7004 2890 0002 3417 6636RB
RETURN RECEIPT REQUESTED
Mr. Cecil Carter _
102 Batson Road Fps
Hampstead, NC 28443
RE: CAMA VIOLATION #06-14D t ��MAY 2 3 2006
Dear Mr. Carter: Morehead City E)CM
This letter is in reference to the Notice of Violation dated 17 March 2006 that Debra Wilson, representative for
the Division of Coastal Management, issued to you as a contractor for the unauthorized placement of sandbags
at 469 East Third Street, Ocean Isle Beach, Brunswick County. The violation involved the Ocean Hazard Area,
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 $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. Please be reminded that you have been issued three prior Notices of Violation for
unauthorized beach bulldozing and placement of sandbags in the Ocean Hazard Area. Pursuant to the North
Carolina Administrative Code, Title 15A, subchapter 7J. 0409(f)(4)(E)(ii) and 7J. 0409(f)(4)(F)(ii), the amount of
the civil assessment proposed against you will reflect the repetitiveness of your noncompliance with the Coastal
Area Management Act (CAMA) and the Coastal Resource Commission's rules.
Under the rules of the Coastal Resource Commission, a proposed civil penalty in the amount of $700.00 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 $700.00 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] \ Intemet: www.nccoastalmanagement.net
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Mr. Cecil Carter
17 May 2006
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,
J regson, District Ma ager
Di - on of Coastal Management
Enclosures
cc: Ted Tyndall, Assistant Director, DCM
Roy Brownlow, Compliance Coordinator, DCM
Debra Wilson, Coastal Management Representative, DCM
Justin Whiteside, LPO, Ocean Isle Beach
127 Cardinal Drive Ext., Wilmington, North Carolina 26405-3645
Phone: [phone] FAX: [phone] Internet: www,nccoastaimanagement.net
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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
4
NOTICE OF I VIOLATIO !!I\Vv"'
r
March 17, 2006
CERTIFIED MAIL #7004 2510 0001 8280 0352 MAR S 2000
RETURN RECEIPT REQUESTED
Morehead City DuM
Cecil Carter
102 Batson Road
Hampstead, North Carolina 28443
RE: NOTICE OF VIOLATION AND REQUEST TO CEASE UNAUTHORIZED DEVELOPMENT
CAMA VIOLATION #06-14 D
Dear Mr. Carter:
This letter is in reference to my February 2, 2006 visit onsite at Eli Gold's property at 469 East Third Street,
adjacent to the Atlantic Ocean, in the town of Ocean Isle Beach in Brunswick County, North Carolina. The
purpose of the onsite visit was to investigate unauthorized development on the aforementioned property.
Information gathered by me for the Division of Coastal Management indicates that your actions as
contractor for Eli Gold are in violation of the Coastal Area Management Act (CAMA) as well as the State's
Dredge and Fill Law. No person may undertake major development in a designated Area of Environmental
Concern (AEC) without first obtaining a permit from the North Carolina Department of Environment and
Natural Resources pursuant to the North Carolina General Statutes (N.C.G.S.) 11 3A-1 18.
I have information that indicates you have undertaken or are legally responsible for the placement of
sandbags without a CAMA permit on the aforementioned property. The sandbags measure approximately
20 feet wide by approximately 53 feet long and approximately six feet high at a distance of approximately
18 feet to 30 feet from the foundation of the adjacent structure. This activity took place in Ocean Hazard
AEC that is 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 and the State's Dredge and Fill Law.
I request that you immediately CEASE AND DESIST any further development and contact me about this
matter. A civil assessment of up to $2,500 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 $2,500. An injunction or criminal penalty may also be sought to
enforce any violation pursuant to N.C.G.S.113A-126.
127 Cardinal Drive Ext., Wilmington, North Carolina 28405-3845
Phone: [phone] FAX: [phone] Internet: www.nccoastalmanagement.net
An Equal Opportunity 1 Aff rmative Action Employer — 50% Recycled \ 10% Post Consumer Paper

Mr. Cecil Carter M" 2 8 7gg5
March 17, 2006
Page 2 of 2 Morehead City pCM
It is the policy of the Coastal Resources Commission to assess a minimum civil penalty $500 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 that were affected and the extent of the
damage4afhem.
You are also in violation of the State's Dredge and Fill Law which requires a permit from the North Carolina
Department of Environment and Natural Resources before undertaking any excavating or filling in any
estuarine waters, tidelands, marshlands, or state-owned lakes pursuant to N.C.G.S. 113-229. Therefore, I
also request that you immediately CEASE AND DESIST such unauthorized activity and contact me about
this matter as well. Violations of the State's Dredge and Fill Act may be enforced by a criminal penalty or a
civil action for damages or an injunction in accordance with N.C.G.S. 113-229.
Based upon the North Carolina Administrative Code, Title 15A, Subchapter 7J.0409(f)(4)(F)(ii), the policy of
the Coastal Resources Commission is to levy a civil assessment against contractors in addition to that
assessed against the landowner. Therefore, since this is your fourth Notice of CAMA Violation in the same
Area of Environmental Concern, you should expect a civil assessment to be levied against you.
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 near future to
determine whether this REQUEST TO CEASE AND DESIST has been complied with. I request that you
contact me immediately about these important matters.
Sincerely,
Debra Wilson
Coastal Management Representative
cc: Ted Tyndall, Assistant Director, DCM
Jim Gregson, District Manager, DCM
Roy Brownlow, Compliance Coordinator, DCM
Justin Whiteside, LPO
127 Cardinal Drive Ext., Wilmington, North Carolina 28405-3845
Phone: [phone] FAX: [phone] Internet: www.nccoastalmanagement.net
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09.May-96 NC DIVISION OF COASTAL MANAGEMENT ENFORCEMENT RECORD
A —
CASE NUMBER LAST NAME FIRST NAME BUSINESS NAME:
06-14D CARTER ICECIL
0 CASE IS CLOSED I'
Previous Violations in Same
NOV DATE CLOSURE DATE Elapsed Days AFFLILIATION SECTOR AEC for Similar Activities
3/1712006 CONTRACTOR PRIVATE
MAILING ADDRESS CITY STATE ZIP CODE PHONE NUMBER
1102 BATSON RD HAMPSTEAD NC 28443- I
PROPERTY ADDRESS COMMUNITY WATERBODY NEAREST ROAD
469 EAST THIRD ST JOCEAA ISLE BE ATLANTIC BEACH
DISTRICT OFFICE COUNTY DCM REPRESENTATIVE LPO CONTACT
'WIRO fBRUNSWICK IQLSON I
VIOLATION TYPE AFfEQTED AEC(S) ❑ CW ❑ EW [-]PTA ❑ ES ❑ PTS
MAJOR CAMA [d] OEA lV1 HHFA ❑ IHA ❑ PWS ❑ NCRA
NATURE OF VIOLATION
AEC DESCRIPTION
major violation by placing additional sandbags within the
RESTORATION STATUS
❑ RESTORATION NOT REQUIRED - CONTRACTOR
❑ RESTORATION NOT REQUIRED - PERMITTABLE DEVELOPMENT
RESTORATION NOT REQUIRED -FURTHER IMPACTS
b?I RESTORATION PENDING
adjacent to the Atlantic
RESTORATION REQUEST DATE COMPLETION DATE
I I��
RESTORATION EXTENDED RESTORE DATE
❑ DEADLINE I
EXTENDED
❑ REFERRED TO AG'S OFFICE - INJUNCTION
INJUNCTION REFER DATE:. I
❑ REFERRED TO AG'S OFFICE - COLLECTION
COLLECTION REQUEST DATE: I
ASSESSMENT DATE PENALTY AMOUNT COLLECTION DATE AMOUNT COLLECTED
PENALTY STATUS.
❑ PENALTY ISSUED
ElEl PENALTY NOT ISSUED WILLFUL &INTENTIONAL PENALTY (MIN. OR DOUBLED)
❑ CNOV ISSUED r-CNOV DATE
❑ CONRACTOR'S FIRST OFFENSE ❑ PENALTY APPEALED APPEAL DATE
❑ FORMAL CPA ISSUED FORMAL CPA DATE
❑ SETTLED. AGREED UPON, STIPULATED PENALTY I SETTLEMENT DATE
❑ UNCOLLECTIBLE PENALTY I UNCOLLECTIBLE DETERMINATION DATE
Violations Involving Adversely Impacted Resources
AMOUNT OF ADVERSELY DISTURBED AREA (SO. FT.)�
AMOUNT OF RESTORED AREA (SQ. FT)"`
NOTES

26-May-06 NC DIVISION OF COASTAL MANAGEMENT ENFORCEMENT RECORD
CASE NUMBER LAST NAME FIRST NAME BUSINESS NAME:
0
06.14D ICARTER ICECIL
CASE IS CLOSED
Previous Violations in Same
© NOV DATE CLOSURE DATE Elapsed Days gFFLILIATION SECTOR AEC for Similar Activities
3/1712006 PIM0.11M71,) JEONTRACTOR PRIVATE
MAILING ADDRESS
CITY STATE
ZIP CODE PHONE NUMBER
102 BATSON RD
1HAMPSTEAD NC
28443- F—
PROPERTY ADDRESS
COMMUNITY
WATERBODY NEAREST ROAD
469 EAST THIRD ST
JOEEAN ISLE BE
ATLANTIC BEACH F—
DISTRICT OFFICE COUNTY DCM REPRESENTATIVE LPO CONTACT
'WIRO IBR6NSFVICK IWILSON �—
VIOLATION TYPE AFFECTED AEC(5). El CW ❑ EW ❑ PTA ❑ ES ❑ PTS
MAJOR CAMA R1 OEA © HHFA ❑ HA ❑ PWS ❑ NCRA
NATURE OF VIOLATION AEC DESCRIPTION
iESTDRATION STATUS
by placing additional sandbags within the UEA, HHFA AEUs adjacent to
dJ RESTORATION NOT REQUIRED
❑ RESTORATION NOT REQUIRED
RESTORATION NOT REQUIRED
❑ RESTORATION PENDING
RESTORATION REQUEST DATE �COMPLETION DATE
I
CONTRACTOR RESTORATION EXTENDED RESTORE DATE
❑ DEADLINE
PERMITTABLE DEVELOPMENT EXTENDED
FURTHER IMPACTS ❑ REFERRED TO AG'S OFFICE - INJUNCTION
INJUNCTION REFER DATE: I
❑ REFERRED TO AG'S OFFICE - COLLECTION
COLLECTION REQUEST DATE` 'I
ASSESSMENT DATE PENALTY AMOUNT COLLECTION DATE AMOUNT COLLECTED
PENALTY STATUS
Fol
6l17l2006 $700
PENALTY ISSUED
❑ PENALTY NOT ISSUED ❑ (M WILLFUL &INTENTIONAL PENALTY IN. OR DOUBLED)
❑ CNOV ISSUED CNOV DATE
❑ CONRACTOR'S FIRST OFFENSE ❑ PENALTY APPEALED i APPEAL DATE
❑ FORMAL CPA ISSUED F—FORMAL CPA DATE
❑ SETTLED. AGREED UPON, STIPULATED PENALTY I SETTLEMENT DATE
❑ UNCOLLECTIBLE PENALTY I UNCOLLECTIBLE DETERMINATION DATE
Violations Involving Adversely Impacted Resources
AMOUNT OF ADVERSELY DISTURBED AREA (SQ. FT.)
AMOUNT OF RESTORED AREA (SQ. FT)
NOTES