15-01A Henry

NCDEE R
North Carolina Department of Environment and Natural Resources
Pat McCrory Donald R. van der Vaart
Governor Secretary
April 6, 2015
CERTIFIED MAIL 7012 3460 0002 0625 5313
RETURN RECEIPT REQUESTED
Mildred Henry
160 Bethel Fishing Center Road
Hertford, North Carolina 27844
RE: CAMA MINOR VIOLATION #015-01A
Dear Mrs. Henry:
This letter is in reference to the Notice of Violation dated February 16, 2015, that Field Specialist Lynn Mathis,
issued to you for unauthorized development at 154 Bethel Center Road, in Perquimans County. Unauthorized
development included the construction of a 12' x 18' storage building, an 8' x 12' lean-to roof attached to the
dwelling, an 8' x 10' uncovered deck, and a chain link fence within 75' of normal water level along a man-made
canal off of the Yeopim River. The violation involved the Estuarine Shoreline, which is an Area of
Environmental Concern designated by the Coastal Resources Commission. Based upon the site visit
conducted on April 2, 2015 by Lynn Mathis, the restoration requested is complete.
The Coastal Area Management Act provides that a civil assessment plus investigative costs may be assessed
for any minor 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 $227.00 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 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 $227.00 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.
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.
RECEIVED
APR 131015
pcM-MHo CITY
1367 US 17 South, Elizabeth City, NC 27909
Phone: [phone] FAX: [phone] ; internal: www,nocoastaimanagement.net
An Equal Opportunity \ Affirmative Action Employer

Mildred Henry
April 6, 2015
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,
Frank Jennings
District Manager
NC Division of Coastal Management
Enclosure
cc: Foy Brownlow, Compliance Coordinator, DCM
Lynn Mathis, Field Specialist, DCM
Virgil Parrish, Chief Bldg. Inspector, Perquimans County

rMildred Henry
April 6, 2015
Page 3 of 3
CAMA VIOLATION #15.01A
Mildred Henry
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 $227.00 against me for violation of the Coastal Area
Management Act, NCGS 113A-100 et sec, committed on or near my property 154 Bethel Fishing Center Road
in Perquimans 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 February 16,
2015, and agree to pay the proposed civil assessment of $227,00.
DATE
SIGNATURE
ADDRESS
TELEPHONE NUMBER
1367 US 17 South, Elizabeth City, NC 27909
Phone: [phone] \ FAX'. 252-264-3723 ; Internet: www,nccoastaimanagement.net
An Equal Opportunity \ Affirmative Action Employer
RECEIVED
APR 1 12015
gQM1 ttlWa CITY

` DCM ENFORCEMENT TRACKING
REPORT
Field Specialist �,Ntt �V�Q%ms
Issuer
Ar
Violation Case No.
P A
15 —!�/ le
LPO A�Ort�E
❑
Violated Permit No.
LPJ
(if applicable)
Violation Description
Was activity permittable? Yes / No
Initial Discovery Date
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Violation Description /�CCK AA/9.�-rr�N 7 3��7n2�E
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Respondent Information Prior CAMA or D/F Violations: Yes / No
Respondent Name(s) 1*44 el;, A. C%NLoe-V
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Address I&P &g1w AfAge, aI A
City �[7c-"%� �
State d Zip 2wyt'
Phone # yu✓ - SYb 3
Fax #
Email
Violation Type:
Project Type:
Authorizations Required: Site Visits Respondent Site Visits
Respondent
Present
Present
® No Permit
Private(Community
❑
Major CAMA
?
❑
❑ Permit Condition
❑ Govt./Public
Minor ❑ D&F
❑ Expired Permit
❑ Commercial
❑
General ii /�;� ❑
k"t>2eP�i�—��b—
❑
❑ Inconsistent w/ Rules
Tier Level: � II
III
Violation Location and Site Description
Project Location: County
Street Address/ State Road/ Lot #(s) /Sy Ift'7j/az %AS/i7rl(
&Ai& AAA
Subdivision
Cfly ZIP 27QPeje
Phone # ( _). River Basin ��ja7t��ev �fnlK
Adj. Wtr. Body
Closest Maj. Wtr. Body
NOV Date
CNOV Date
Penalty Assessment
Sent to Respondent Date
Rcvd. by Dist. Mgr. Date
Assessment Extended Yes No
cZ[},t d/iJ
Initial Req. Comp. Date
Date Comp. Observed
App./Permit Fee
Penalty
Willful/Intent.
Continuing
Lat/Long 360535 .59
'Al ;7/,Y7 3Z/f /0
Shoreline Length a �
'
of S SAV: u
Yes No
Sandbags: Not Sure
Yes 45
PNA:
Yes e5M,
Adjacent
ORW:
Yes (T5
Adjacent
Crit. Hab.
Yes Ltay
Photos
Yes (ED
OCEIVED
Waiver Required
Yes ®
APO 1 a
In DWQ Buffer Area
Yes
Specify DWQ Buffer if applicable:
Aftomwica O ry
Extension Granted Yes No
Restoration Letter
Acceptance Date
7J.0409 Ref.
Recomm. Assess.
DCM Assess.
$ lee. 470
$ ka a
$ /u U, Oo
$ /Z5, o�
$ 9
$
$
$
Total
LfZo� 5lS tr

Formal Assessments, Appeals and Reductions 1� 4
Date Long Form Submitted Assessment Appealed: Yes No
Date Formal CPA Submitted
❑ Penalty modified
Final Assessment $ Date
Attorney General's Office for Injunction or Formal Collection
Date sent to AG
❑ Respondant not responsive to penalty/NOV ❑ Injunction to complete restoration
Date Collection Let. Sent Date Demand Let. Sent
Violation Activities and Impacts
AECs Affected:
PTA ) PTA
OE Gam
OEA PAF IH A N/A
PWS: FC:
Other:
Restoration Required by the Respondent �/ No
Wetlands Impacted? Yes6b If yes, which types:
SA DS CJ SY
Ss SC SP IF
JR LS TY
BF 404
16yotalz--,eCI //Zl�IMC�C✓i
Dimensions in excess
of permit/ unauthorized activities
Dimensions to restore
Final dimensions
allowed
Actually restored
Development Activities
RECEIVED
Habitat Description
-
NOTES: I/Ly//1
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Payment Received $ Date Date Case Closed
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MEW
North Carolina Department of Environment and Natural Resources
Pat McCrory Donald R. van der Vaart
Governor Secretary
March 24, 2015
Mildred Henry
160 Bethel Fishing Center Road
Hertford, North Carolina 27844
RE: RESTORATION DEADLINE EXTENSION
CAMA VIOLATION CASE NO. 15-01A
Dear Mrs. Henry:
This letter confirms the receipt of your written request to extend the time limit for restoring the unauthorized
placement of structures within the 75' Area of Environmental Concern (AEC) adjacent to a man-made canal
off of the Yeopim River, at your property located at 154 Bethel Fishing Center Road, in Perquimans County,
North Carolina. Notice of Violation case number 15-01A was issued to you on February 16, 2015 for the
unauthorized work and requested restoration.
Based on your March 23, 2015 e-mail and the circumstances surrounding this case, your request to extend
the restoration time limit is approved in order to allow you additional time to comply with the request. The
restoration time limit is extended to April 12, 2015. Restoration must be performed to the satisfaction of
the Division of Coastal Management by the date indicated or provide an explanation for non-compliance
and a reasonable request for a time extension.
Thank you for your cooperation in resolving this matter. If you have any questions about this or related
matters, please call me at [phone].
Sincerely,
Lynn W. Mathis
Field Specialist
NC Division of Coastal Management
Cc: Frank Jennings, District Manager, DCM
*.aftoy Brownlow, Compliance Coordinator RECEIVED
Donna Godfrey, Planner, Perquimans County MAR g 6 yp,j
Virgil Parrish, Building Inspector, Perquimans County ace
k'He CITY
1367 US 17 South, Elizabeth City, NC 27909
Phone: [phone] \ FAX: [phone] ; Internet: www.nccoastalmanagement.net
An Equal Opportunity \ Affirmative Action Employer

A
Mathis, Lynn
From: mildred henry <[e-mail]>
Sent: Monday, March 23, 2015 9:57 AM
To: Mathis, Lynn
Subject: Moving storage building
Need to extent the time on the remove of storage building. Weather permitting hope to
have it move by April 12 Thank You Mildred Henry
RECEIVED
MAR 2 6 1015
DCM-MHD CITY

NCDEE R
North Carolina Department of Environment and Natural Resources
Pat McCrory
Governor
NOTICE OF VIOLATION
February 16, 2015
CERTIFIED MAIL RETURN RECEIPT
No. 7012 3460 0002 0625 5450
Mildred Henry
160 Bethel Fishing Center Road
Hertford, North Carolina 27844
Donald R. van der Vaart
Secretary
RE: NOTICE OF VIOLATION AND REQUEST TO CEASE UNAUTHORIZED DEVELOPMENT
CAMA VIOLATION #15-01A
Dear Ms. Henry:
This letter confirms that on January 29, 2015, 1 was onsite at your property located at 154 Bethel Fishing
Center Road adjacent to a man-made canal off of the Yeopim River located in the community of Bethel, in
Perquimans County, North Carolina. The purpose of the visits was to investigate unauthorized
development involving the construction of a 12' x 18' storage building, an 8' x 12' lean-to roof attached to
the dwelling, an 8' x 10' uncovered deck, and a chain link fence within 75' of normal water level along a
man-made canal off of the Yeopim River. This letter also references our meeting on site and at your place
of business at the Bethel Fishing Center on February 4, 2015.
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.) 11 3A-1 18.
I have information that indicates you have undertaken or are legally responsible for the construction of a 12'
x 18' storage building, an 8' x 12' lean-to roof attached to the dwelling, an 8' x 10' uncovered deck, and a
chain link fence on the aforementioned property. This activity took place in the Estuarine Shoreline which
is contiguous with the Yeopim River. Estuarine Shorelines 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.
I request that you immediately CEASE AND DESIST any further development and contact me about this
— matter. A civil assessment of up to $1,000 plus investigative costs 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. 113A-126. RECEIVED
FEB 2 0 7015
1367 US 17 South, Elizabeth City, NC 27909
Phone: [phone] \ FAX: [phone] Internet: www.nocoastaimanagement.net ~
An Equal Opportunity 1 Affirmative Action Employer

Mildred Henry
February 16, 2015
Page 2 of 3
It is the policy of the Coastal Resources Commission to assess a civil penalty plus 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. The amount assessed will depend upon
several factors, including the nature and area of the resources that were affected and the extent of the
damage to them.
Based upon the North Carolina Administrative Code, Title 15A, Subchapter 07H. State Guidelines for Areas
of Environmental Concern the 12' x 18' storage building and the 8' x 12' lean-to roof attached to the
dwelling are not consistent with Section .0209(d)(2), which states: "All development projects, proposals,
and designs shall limit the construction of impervious surfaces and areas not allowing natural drainage to
only so much as is necessary to adequately service the major purpose or use for which the lot is to be
developed. Impervious surfaces shall not exceed 30 percent of the AEC area of the lot unless the
applicant can effectively demonstrate through innovative design that the protection provided by the design
would be equal to or exceed the protection by the 30 percent limitation." Therefore, I am requesting that
you undertake one of the following options: 1) Remove the 8' x 12' lean-to and the 12' x 18' storage
building from within 75' of the water, or, 2) submit an engineered plan effectively demonstrating that the
protection provided by the design will equal or exceed the protection provided by the 30 percent limitation.
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 near 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. 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 development that is inconsistent with Coastal Resources Commission
rules.
Sincerely,
'�_ .",
Lynn W. Mathis
Field Specialist
NC Division of Coastal Management RECEIVED
ENCLOSURES FEB 2 0 1015
"M-M 9 ern
Cc: Frank Jennings, District Manager, DCM
boy Brownlow, Compliance Coordinator, DCM - ..,

Mildred Henry
February 16, 2015
Page 3 of 3
RESTORATION PLAN
For
Mildred Henry Property
CAMA Violation No. 15-01A
Property located at 154 Bethel Fishing Center Road, Perquimans County
I am requesting that you undertake one of the following actions:
OPTION A:
Remove the 8' x 12' "lean-to" roof (located on the east side of the dwelling),
and the 12' x 18' storage building located between the dwelling and garage.
Structures are to be relocated a distance of no less than 75' from normal water
level or relocated to another property. Relocation to another property does not
relieve the receiving property owner of meeting the permitting requirements of
the Division of Coastal Management or Perquimans County.
OPTION B:
Submit an engineered plan can effectively demonstrate, through innovative
design, that the protection provided by the design would be equal to or exceed
the protection by the 30 percent limitation.
SEE ATTACHED RESTORATION PLAN DRAWING
I, Mildred Henry, agree to undertake the restoration activities stated above.
I agree to complete this restoration to the satisfaction of the Division of Coastal Management (DCM) by
March 18, 2015, 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.
RECEIVED
SIGNATURE:
DATE:
FEB 2 0 7°^�
r)CM-*AHD CITI
It is the policy of the Coastal Resources Commission to assess a civil penalty plus investigative costs against all violations. The
amount assessed will depend upon several factors, including the nature and area of the resources that were affected and the
extent of the damage to them. 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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DCM ENFORCEMENT TRACKING REPORT
Issuer
Field Specialist 4!/,w
LPO ❑
Violation Case No.
Violated Permit No.
(if applicable)
Violation Description Was activity permittable9 Yes / No
Initial Discovery Date Jay 7, yptS Discovery Method Yis"61C tµ /'�,y}()— 0,?i✓?A1C 1� q Sy717
i
Violation Description I i-- g4YhJ7cy4 i V�cA-,E 6t4a, ev A60 4(Fw44"i,- /y _
Respondent Information Prior CAMA or D/F Violations: Yes / No
Respondent Name(s)
Address
i1 7 Cow rr f.yw t'Com 3cto?�
City (7"v p2Q Stated Zip 7-
Phone # ql-& " 'Sn -j Fax #
Violation Type:
Project Type:
Authorizations Required:
Site Visits Respondent
Site Visits Respondent
No Permit
❑ Permit Condition
Private/Community
❑ Govt./Public
❑Major � CAMA
❑ Minor ❑ D&F
Present
❑
Present
_
❑
❑ Expired Permit
❑ Commercial
❑ General
❑
❑
❑ Inconsistent w/ Rules
Tier Level: (T, II
III
11
El
Violation Location and Site Description
76`Z7
3L/f
Lat/Long 3b'0s 3W.57'Al
CU
Project Location: County
U�,j Ayrlf
Shoreline Length,
y
/ T
Street Address/ State Road/ Lot #(a) /Syf �9t71fa.Z
�Nsr�
SAV: of Su
Yes No
(I',k .—A� A*�
Sandbags: Not Sure
Yes 4D
Subdivision
CRY ZIP ^^27Q�f<
Phone # ( _). River Basin fA74r`r rnf^<K
Adj. Wtr. Body
Closest Maj. Wtr. Body )[ ow e --�
NOV Date
CNOV Date
Penalty Assessment
Sent to Respondent Date
Rcvd. by Dist. Mgr. Date
Assessment Extended Yes
l O �q.;
Initial Req. Comp. Date
Date Comp. Observed
App./Permit Fee
Penalty
No Willful/Intent.
Continuing
PNA:
Yes
(t!j,
Adjacent
ORW:
Yes
Adjacent
RECEIVED
Crit.Hab.
Yes
LNy
Photos
Yes
FEB 8 0 1A15
Waiver Required
Yes
In DWQ Buffer Area
Yes
®
h11":NA-NM:ihlLw"
Specify DWQ Buffer if applicable:
Extension Granted Yes No
Restoration Letter
Acceptance Date
7J.0409 Ref.
Recomm. Assess.
DCM Assess.
$ Iiicv
$
$ /o0.oc,
$
$ 9
$
Total
/; &&7
1. . 5 t 53--

Formal Assessments, Appeals and Reductions
Date Long Form Submitted
Assessment Appealed: Yes No
Date Formal CPA Submitted
Final Assessment
Attorney General's Office for Injunction or Formal Collection
Penalty modified
Date sent to AG 0 Respondent not responsive to penalty/NOV Injunction to complete restoration
Date Collection Let. Sent Date Demand Let. Sent
Violation Activities and Impacts
AECs Affected:
r7riF PTA � PTS
OE
OEA IH A N/A
PWS: FC:
Other:
Restoration Required by the Respondent XI' / No
Wetlands Impacted? Yes& If yes, which types:
SA DS CJ SY JR LS TY
SS SC SP IF BF 404
L&'rra�� - �c/Z0GEV 10fig�tc�C✓� /Vo QtSc271tG�
Dimensions in excess
of permit/ unauthorized activities
Dimensions to restore
Final dimensions
allowed
Actually restored
y
Developrtient Activities
Habitat Description
NOTES: !/1 M —
Closing
Payment Received $
9 ♦ .. /,� i
Date
bu
Date Case Closed
FEB 2 0 1015
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RECENED
FEB 2 0 2%
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