05-22A Hayes

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FILE MEMORANDUM
TO: ROY BROWNLOW, COMPLIANCE COORDINATOR
FROM: M. TED TYNDALL, ASST. DIRECTOR
SUBJECT: VIOLATION CASE CLOSURE RECOMMENDATIONS
DATE: 02/01/2012
CC: RONDA BENNETT
Investigation has disclosed information that warrants discontinuation of enforcement action on
the case listed below. Therefore, based upon staffs review and circu stances in this case, I
hereby authorize closing/discontinuing CAMA Violation case No.: V 7 -2 2
M. TED TYNDALL. Assistant Director
02/01/2012
Date

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NCDENR
North Carolina Department of Environment and Natural Resources
Division of Coastal Management "'' "' ''n ►'►
Michael F. Easley, Governor Charles S. Jones, Director William G. Ross Jr , Secretary
NOTICE OF VIOLATION
July 18, 2005 Morehead City DCM
CERTIFIED MAIL
RETURN RECEIPT REQUESTED
Mr. C. T. Hayes, Jr.
P.O. Box 271
Wanchese, NC 27981
RE: NOTICE OF VIOLATION AND REQUEST TO CEASE UNAUTHORIZED DEVELOPMENT
CAMA VIOLATION#05.22A
Dear Mr. Hayes:
This letter confirms that on July 14, 2005,1 was onsite at Beverly Drive (SR 1183) adjacent to Owens Canal located
in Wanchese, Dare County, North Carolina. The purpose of the visit was to investigate unauthorized development of
wetland fill in the marsh located at the end of Beverly Drive and adjacent to your property.
Information gathered by me for the Division of Coastal Management indicates that you have undertaken major
development in violation of the Coastal Area Management Act (CAMA). 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. This requirement is imposed by North Carolina General
Statute (N.C.G.S.) 11 3A-1 18.
I have information that indicates you have undertaken or are legally responsible for paving with concrete the entire
140-foot long canal shoreline of your property located at 311 Beverly Drive. The paved area is approximately 100
feet wide. Approximately 1800 square feet of Coastal Wetlands have been filled on the adjacent property within the
NC Department of Transportation right-of-way by this activity. This activity took place in the Estuarine Shoreline and
Coastal Wetlands that are contiguous with Owens Canal. Estuarine Shoreline and Coastal Wetlands areas are
designated as Areas of Environmental Concern (AEC). No CAMA 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 unauthorized activities within designated Areas of
Environmental Concern. 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 that is Subject to an
additional assessment of up to $2,500. An injunction or 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 $500 not to exceed
$2,500 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.
1367 U.S.17 South, Elizabeth City, North Carolina 27909
Phone: [phone] \ FAX: [phone] \ Internet: www.necoastalmanagement.net
An Eoual O000rtunitv \ Affirmative Action Employer— 50% Recycled \ 10% Post Consumer Paper

Mr. C. T. Hayes, Jr.
July 18, 2005
Page 2 of 2
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 07H. State Guidelines for Areas of
Environmental Concern, the activity you have undertaken, unauthorized paving in the Estuarine Shoreline and
Coastal Wetlands AECs, is not consistent with Section 07H.0205 and Section 07H.0208. Therefore, I am requesting
that all concrete be removed from the shoreline of Owens Canal 75 feet back and all concrete be removed from the
adjacent marsh.
The enclosed Restoration Plan describes the action necessary to bring this project into compliance with the Act. 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 near future to determine whether this
REQUEST TO CEASE AND DESIST has been complied with. I request thatyou contact me immediately.
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 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.
Sincerely,
Frank A. Jennings, III
Coastal Management Representative
cc: T d Tyndall, Assistant Director, DCM, Morehead City
Ted Sampson, District Manager, DCM, Elizabeth City
oy Brownlow, Compliance Coordinator, DCM, Morehead City
Raleigh Bland, US Army Corps of Engineers, Washington
ENCLOSURE
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` Mr. C. T. Hayes, Jr.
'l July 18, 2005
Page 3 of 3
RESTORATION PLAN
For
C. T. Hayes, Jr., Property
CAMA Violation No. 05-22A
Property located at 311 Beverly Drive, Dare County
1. Remove all concrete measuring 75 feet from the shoreline of Owens Canal,
2. Remove all concrete and debris from the adjacent marsh.
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I, C. T. Hayes, Jr., agree to the restoration requirements listed above.
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I agree to complete this restoration to the satisfaction of the Division of Coastal Management (DCM) by August 18,
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 $500, or 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.

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Nye;