17-03D Gore

Coastal Management
ENVIRONMEMAL WALL Y
April 24, 2017
Mr. Edward Gore
144 Timber Trails
Rocky Point, NC 28457
RE: RESTORATION ACCEPTANCE — CAMA VIOLATION #17-03D
Dear Mr. Gore:
916
ROY COOPER
Covernor
MICHAEL S. REGAN
Secretary
BRAXTON C. DAVIS
Dire"
This letter is in reference to the Notice of Violation # 17-03D sent to you dated March 27, 2017 for the
mechanical clearing and disturbance in the Public Trust Shoreline Area of Environmental Concern in
or near Northeast Cape Fear River. The violation took place on property located at 910 Sandy Bend
Road the Rocky Point in Pender County, North Carolina. This unauthorized activity constituted
development and you were requested to restore the disturbed area to predevelopment conditions. In
accordance with the North Carolina Administrative Code, Title 15A, Subchapter 7J.0410, any violation
involving development which is inconsistent with guidelines for development within Areas of
Environmental Concern (AEC) must be corrected by restoring the project site to pre -development
conditions to recover lost resources or to prevent further resource damage.
I conducted a site visit at the aforementioned property on April 20, 2017 to inspect the restoration of the
unauthorized activity addressed in the Notice of Violation #17-03D. Based on this inspection, it appears
the restoration is accomplished to the satisfaction of this Division. Upon my submission of an enforcement
report, you will be notified as to the amount of the civil penalty for undertaking this unauthorized activity
within an Area of Environmental concern.
Thank you for your attention and cooperation in this matter. If you have any questions pertaining to this
matter, please feel free to call me at [phone].
Sincerely,
Brooks �urgan
Field Representative, DCM
Cc: Debra Wilson, District Manager, DCM
Tara MacPherson, Compliance and Enforcement Representative, DCM
Roy Brownlow, Compliance Coordinator, DCM
Robb Mairs, DWQ
Charlie Ring, Pender County
State of North Carolina I Environmental Quality; Coastal Management
Wilmington Office 1 127 Cardinal Drive Extension Wilmington. North Carolina 29405
910 7% 7215
RECEIVED
APR 2 8 2017
DCM- MHD CITY

Coastal Management
ENVIRONMENTAL QUALITY
NOTICE OF VIOLATION
March 27, 2017
CERTIFIED MAEL 7016 0910 61714722
RETURN RECEIPT REQUESTED
Mr. Edward Connor Gore
144 Timber Trails
Rocky Point, NC 28457
ROY COOPER P
ape
Uomnror
MICHAEL REGAN
S%9rw'
BRAXTON DAVIS
LNCnA
RE: NOTICE OF VIOLATION AND REQUEST TO CEASE UNAUTHORIZED
DEVELOPMENT
CAMA VIOLATION #17-03D
Dear Mr. Gore:
This letter confirms that on March 2, 2017, I was onsite at property owned by Pender County
located at 910 Sandy Bend Road adjacent to the Northeast Cape Fear River located in Rocky Point,
Pender County, North Carolina. The purpose of the visit was to investigate unauthorized
mechanical clearing and ground disturbance within the Public Trust Shoreline Area of
Environmental Concern (AEC). Present with me that day was Robb Mairs of the Division of
Water Resources, and Charles Ring of Pender County.
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 or entity may undertake minor development in a designated Area of Environmental
Concern (AEC) without first obtaining a permit from the North Carolina Department of
Environmental Quality. This requirement is imposed by North Carolina General Statute (N.C.G.S.)
113A-118.
I have information that indicates you have undertaken or are legally responsible for the mechanical
clearing and disturbance of 840 sq. ft. on the aforementioned property. Approximately 28' x 30'
of mechanical clearing and disturbance took place in the 30' Public Trust Shoreline Area that is
contiguous with the Northeast Cape Fear River. Public Trust Shoreline areas are designated as
Areas of Environmental Concern (AEC). No CAMA permit or modification was issued to you for
work in this Area. Based on these findings, I am initiating an enforcement action by issuing this
Notice of V olation for violation of the Coastal Area Management Act.
RECEIV�o
MAR 3 01 1
State of North Carolina I Environmental Quality I Commd Management D n ,� u
127 Cardinal Drive Eat Wilmington NC 28405 �� 1 V117 �. ! �S
910 796 7215 T 1

r- -'t .
Mr. Edward Gore
March 27, 2017
Page Two
I request that you immediately CEASE AND DESIST any further development, stabilize any
impacted areas with proper erosion control measures, 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.
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 07J. State Guidelines
for Areas of Environmental Concern, the activity you have undertaken, unauthorized mechanical
clearing and disturbance within the Public Trust Shoreline AEC, is not consistent with Section 15
NCAC 07J .0201, which requires "every person wishing to undertake any development in an
area of environmental concern shall obtain a permit from the Department'. Therefore, I am
requesting documentation of authorization from Pender County Building Department for this
development, or restore the impacted area on 910 Sandy Ben Road to predevelopment conditions.
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 Local
Permit Officer, you will be notified by the Division of Coastal Management as to the amount of a
civil assessment for undertaking development without first obtaining the proper permit(s).
RECEIVED
AR302017
HD (` �TY State of North Carolina I Environmental Quality I Coastal Management
DCM. v 127 Cardinal Dave Eat Wilmington NC 29405
910 796 7215 T

14
If you have any questions about this or related matters, please call me at [phone].
Sincerely
Brooks Surgan
Coastal Management Representative
Cc: Debra Wilson, District Manager, DCM
Roy Brownlow, Compliance Coordinator, DCM
Robb Mairs, Representative, DWR
Charles Ring, Code Enforcement Officer, Pender County
State of North Carolina I Environmental Quality! Coastal Management
127 Cardinal Drive Ext. Wilmington NC 29405
910 796 7215 T
RECEIlinti
MAR 30,
DCM- MH -, oa Y

RESTORATION PLAN
For
Mr. Edward Connor Gore
CAMA Minor Violation #17-03
Property located at 910 Sandy Bend Road, Pender County
1) Provide documentation from Pender County authorizing work on their property. Contact
Charles Ring, Building Inspection Officer for Pender County, at 910-259-1519.
2) Restore the impacted areas on 910 Sandy Bend Road, to predevelopment conditions.
RECEIVED
MAR302017
DCM- MHD CITY
I, Edward C. Gore, agree to complete this restoration to the satisfaction of the Local Permit Officer
by April 27, 2017, or provide an explanation for non-compliance and a reasonable request for time
extension. When corrective actions are complete, I will notify the Local Permit Officer so the work
can be inspected.
SIGNA
DATE:
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.
State of North Carolina I Environmental Quality I Coastal Management
t27 cardinal Drive Ext. Wilmington NC 29405
910 796 7215 T

` DCM Compliance and Enforcement Coordinator
FORM A DCM Compliance and Enforcement Representative
LOCAL PERMIT OFFICER ENFORCEMENT REPORT FOR MINOR VIOLATIONS
CASE NO. (Obtain from DCM office): 14 -0 3 PERMIT NO. (If Applicable): 40
LPO'S NAME: ,S (LOCALITY: ��CI1� In� �Yr1i �r flc e
COASTAL MANAGEMENT REPRESENTATIVE:
RESPONDENT'S NAME: L&,Ja.cA C. 6-0r MAILINGADDRESS: 1(q Tm6e.r7-rzUIS
CITY: gr
(f I o k STATE: ��C ZIP: 2845� PHONE NO.:
COUNTY: I eXLCz/<- NEAREST/ADJACENT WATER BODY: IyF_ cop� F� Z"rex_
PREVIOUS VIOLATIONS (CHECK LOCAL FILES AND CALL DCM OFFICE): NO t YES ❑
DATE OF ENFORCEMENT LETTER:
ADDRESS/LOCATION OF VIOLATIC
VIOLATION TYPE: �Q MINOR CAMA ❑ VIOLATION OF PERMIT CONDITIONS/SPECIFICATIONS
T❑l STOP WORK ORDER (WORK IN PROGRESS)
RESTORATION REQUIRED: ❑YES ❑ NO DATE REQUIRED FOR COMPLETION:
DATE RESTORATION COMPLETED - SITE INSPECTION DATE:
or PERMIT ISSUE DATE:
AEC TYPE: P
ESTUARINE SHORELINE PUBLIC TRUST SHORELINE
OCEAN ERODIBLE AREA HIGH HAZARD FLOOD AREA
INLET HAZARD AREA 9UNVEGETATED BEACH AREA
FOR DCM OFFICE USE ONLY
RECOMMENDED ASSESSMENT AMOUNT: $ REFERENCE: 7J. 0409
DATE REPORT RECEIVED:
DATE OF ASSESSMENT LETTER:
ASSESSED AMOUNT: $
DATE PAYMENT RECEIVED:
AMOUNT RECEIVED: CLOSURE DATE
WILLFUL AND INTENTIONAL PENALTY: ❑ (ATTACH DOCUMENTATION)
Page 10 of 55
Revised March 2010
RECEIVED
MAR 3 0 2017
DCM- MHD CITY