Press Alt + R to read the document text or Alt + P to download or print.

No preview available

The URL can be used to link to this page

Home My WebLink About04-35A Roos15-Mar-05 NC DIVISION OF COASTAL MANAGEMENT ENFORCEMENT RECORD CASE STATUS CASE NUMBER LAST NAME FIRST NAME BUSINESS NAME —I 735A ROOS SUSAN • CASE IS CLOSED -- - AFFLILIATION SECTOR NOV DATE CLOSURE DATE Previous Violations in Same AEC PROPERTY OWNE PRIVATE for Similar Activities 8/27/2004 �� MAILING ADDRESS CITY STATE ZIP CODE PHONE NUMBER 737 THRUSH CT DUCK NC 27949- F—- PROPERTY ADDRESS COMMUNITY WATERBODY NEAREST ROAD 137 THRUSH CT IDUCK ATLANTIC OCEAN DISTRICT OFFICE COUNTY DCM REPRESENTATIVE LPO CONTACT ECDO DARE 1HAWTHORN �— VIOLATION TYPE MINOR CAMA AEC TYPE OH NATURE OF VIOLATION Jnauthorized minor development by installing sand fencing aligned parallel to the shoreline and/or improperly aligned >eaward of the dune crest in the OH AEC.Violation resulted from actions of the Property Owners Association initiated without knowledge or concurrence from the property owner. Penalty paid by POA. RESTORATION STATUS - ---- RESTORATION REQUEST DATE COMPLETION DATE ❑JM 1 9/24/2004 1/70/2005 ❑ RESTORATION NOT REQUIRED - CONTRACTOR I ❑ RESTORATION NOT REQUIRED - PERMITTABLE DEVELOPMENT ❑ RESTORATION EXTENDED RESTORE DATE DEADLINE ❑ RESTORATION NOT REQUIRED -FURTHER IMPACTS EXTENDED ❑ RESTORATION PENDING I ❑ REFERRED TO AG'S OFFICE - COLLECTION REFERRED TO AG'S OFFICE - INJUNCTION ASSESSMENT DATE PENALTY AMOUNT COLLECTION DATE AMOUNT COLLECTED �- PENALTY STATUS ------- 1/24/2005 5100 3/10/2005 S100 W PENALTY ISSUED ❑ PENALTY NOT ISSUED WILLFUL _INTENTIONAL PENALTY (MIN. OR DOUBLED) ❑ CNOV ISSUED CONRACTOR'S FIRST OFFENSE SETTLED, AGREED UPON, OR STIPULATED PENALTY ❑ PENALTY APPEALED J _❑ UNCOLLECTIBLE PENALTY - J FORMAL CPA ISSUED Violations Involving Adversely Impacted Resources AMOUNT OF ADVERSELY DISTURBED AREA (SQ. FT.) AMOUNT OF RESTORED AREA (SO. FT) F— NOTES without knowledge or concurrence from Ithe property owner. Penalty paid by POA. 1 Aa. North Carolina Department of Environment and Natural Resources Division of Coastal Management t,Qlchliofl F. Fa5i8y., Govoi for Charles S. Jones, Director vVi�llarl G. Ross 11., scuotary March 10, 2005 Mr. Jeff Shields Agent for Tuckahoe Property Owners Association President, Seaside Management, Inc. P.O. Box 261 Kitty Hawk, NC 27949 RE.- Payment of Proposed Penalty for Violations of the Coastal Area Management Act, Duck, Dare County, 7 Sand Fencing Violations CAMA Violation #s: 04-32A, 04-33A, 04-34A, 04-35A, 04-36A, 04-37A, and 04-38A Dear Mr. Shields: This letter will acknowledge receipt of your Check #1356, in the amount of $700, and dated 03/07105. As directed per your letter of 03/07/05, this check represents payment for civil penalties for seven (7) of Tuckahoe's homeowners who were cited for sand fencing violations. Once the amount of your check is credited to the Department of Environment and Natural Resources' account; the NOV Cases listed above will be fully and completely closed. If you have any further questions concerning this matter, please contact me at my Elizabeth City office at 252-264-3901. Sincere Z ame District Manager cc: Ted Tyndall, Assistant Director, Division of Coastal Management (DCM) Roy Brownlow, Compliance Coordinator, DCM Sue Cotellessa, Planning Office, Town of Duck Candace Doherty, NOV 04-32A Maureen Rosch, NOV 04-33A Gregory Hartle, NOV 04-34A Susan Roos, NOV 04-35A Salvatore Gallo, Jr., NOV 04-36A Joseph Mianowany, NOV 04-37A Georgia Finch, NOV 04-38A 1367 U.S.17 South, Elizabeth City, North Carolina 27909 Phone: 252.264.39011 FAX: 252.264.37231 Internet: www,nccoastalmanagement.net An Equal Oppodunity 1 Affirmative Action Employer— 30% Recycled by Fiber Weight ti _. Shields ,arch 2, 2005 Page fr. {' LAMA ViOI,ATIONS: -04-33A: #041-'W1;:, i-U 1-i5!'t., 4 04'.�;i " KU� ) E` 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 $100 against each of the property owners associated with the above -listed violation cases, for violation of the Coastal Area Management Act, NCGS 113A-100 et sue, committed on or near properties described as Lots 19 through 25, Tuckahoe Phase 1, off of State Highway NC12 in Duck, Dare County, North Carolina. In order to resolve this matter with no further action or expense on the part of the individual property owners, and in recognition of the cause of the violations being the unsolicited actions of the Tuckahoe Property Owners Association, I, as agent for the Tuckahoe Property Owners Association, accept responsibility for the violations as described in the Notice of Violation letters dated August 27, 2004, and agree to pay $700, the sum of the various individual assessments. 3_17.-05 DATE Y SIGNATUVoyt ADDRESS l 42 C-a7 J TELEPHONE NUMBER TUCKAHOE HOMEOWNERS ASSOCIATION, INC. P.O. BOX 8338, DUCK STATION itt 14a�iit,iVr 27949 (q;:9fe f' '� 20^5 CQ , March 79 2005 NC Division of Coastal Management ATT: Mr. Ted Sampson 1367 U.S. 17 South Elizabeth City, NC 27909 RE: Tuckahoe POA Sand Fencing Violations Dear Mr. Sampson: As per your letter dated March 02, 2005, attached is our check no.1356 in the amount of $700.00 as you have requested. This check represents civil penalties for seven of Tuckahoe's homeowners who were cited for sand fencing violations. Even though the individual. homeowners were notified by letter of this violation the Tuckahoe Property Owners Associated is paying the civil penalties on their behalf. Sincerely, Rosalind Hay Accounts Payable Agent fqy Seaside Management cc: Candace Doherty, Maureen Ruch, Gregory Hartle, Susan Roos, George Finch, Salvatore Gallo, Jr. and Joseph Mianowany 10 AMA WDENK 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 March 2, 2005 Susan L. Roos 137 Thrush Court Duck, NC 27949 4 Z005 RE: CAMA. VIOLATION #04-35A Dear Ms. Roos: Subsequent to my January 24, 2005, letter to you concerning the proposed penalty associated with the subject sand fencing violation, a Mr. Jeff Shields has been in contact with me. As agent for the Tuckahoe Property Owners Association, Mr. Shields has. indicated that your violation. resulted from actions of the Property Owners Association, initiated without your knowledge or concurrence. As such, he has indicated that the Property Owners Association will pay the proposed penalty of $100 for the violation that occurred on your property, as part of a total payment of $700 that will address the proposed penalties for an additional six properties. I anticipate that we will receive that payment shortly from the Tuckahoe Property Owners Association. Once that payment has been deposited in the Department of Environment and Natural Resources' account, you will receive a Notice of Compliance officially closing this enforcement action. Please understand that the States' legal recourse in such enforcement actions must be directed toward the property owner. If for some reason payment is not received from the Property Owners Association, the Director of the Division of Coastal Management would resort to renewed action against the individual property owners. If this should occur, you would then have the opportunity to request a hearing on the penalty or request remission of the penalty. Based on the assurances of Mr. Shields, I do not believe that renewed enforcement action will be necessary. Sincerely, ed oSampr District Manager Northeast District TS/yc Enclosures: Copy of DCM letter of March 2, 2005, to Jeff Shields Cc: Ted Tyndall, Assistant Director, Division of Coastal Management (DCM), Morehead City Roy Brownlow, Compliance Coordinator, DCM, Morehead City Sue Contelessa, Planning Office, Town of Duck 1367 U.S. 17 South, Elizabeth City, North Carolina 27909 Phone: 252.264-3901 \ FAX: 252-264-3723 \ Internet: www.nccoastalmanaoement.net An Equal Opportunity \ Affirmative Action Employer -- 30% Recycled by Fiber Weight a �' JAN 2 8 2005 DCM ENFORCEMENT TRACK 06-RE-PORT1 j, Issuer o;l—•SS Field Rep. E 1-�I.►t R �� t¢N Violation Base No. B —CD LPO u Violated Permit No. LPl (if applicable) Violation Description Was activity permittable? Yes /<ffo Initial Discovery Date 14 Q`Gq Discovery Method SITE y)g;T [QLte� tytG�Ef'- u1L gc sCZV Violation Description g4Ee .D ErGNGi tisti lw��'«1isQ �Z11 "�'> �VL!'S EdQZE�(EMf�i101�t Respondent Information Prior Violations in same AEC: Yes PrZ Case,Number a{C� Respondent Name(s) C.''�� ,— �'�� (Landowner/Agent/Contractor) AddressCity C�"t`— State �L Zip Z.Tct1%9 Phone # Fax # cmaa Violation Type: Project Type: Authorizations Required: Site Visits Respondent Site Visits Respondent No Permit 25 CAMA Private/Community Major Present „ n _. ❑ Present ❑ ❑ Permit Condition ❑ Govt./Public Minor ElD&F y�s�❑ ❑ ❑ Expired Permit ❑ Commercial ❑ General E ❑ Inconsistent w/Rules Violation Location and Site Description Rover File Project Location: County -b w7m. Shoreline Length Q t f Street Address/ State Road/ Lot #(s) Z Z SAV: Not Sure Yes elqb"'3 Sandbags: Not Sure Yes (ZiP9 <E� Adjacent PNA: Yes Subdivision_ ORW: Yes Nye Adjacent City Crit. Hab. Yes a Phone # (—)—_ River Basin _ ��t �— Photos (5R Yes No Adj. Wtr.Body�;!r�A Rl QCf&19L '11�man lunkr— Waiver Required In DWQ Buffer Area Yes Closest Maj. Wtr. Body —151� Specify DWQ Buffer if applicable: Restoration Extension Granted Yes CM NOV Date -A 12 — Initial Req. Comp. Date q j(2 9;704 Restoration Letter N ot�E btEGb, CNOV Date _ —__ Date Comp. Observed _�L$IC� Acceptance Date 7.1.0409 Ref. Recomm. Assess. ! DCM Assess. Penalty Assessment App./Permit Fee $ S Sent to Respondent Date VFI�� Penalty _ ��p\ CL $ �� $ Rcvd by DCM Date --_—._ -------�15��/sD,2-- Willful/Intent. :$ —i-- :$ Assessment Extended Yes No --- $ -- $ Continuing _-1 _ - Other I $ f -- — -- Total L o o -----' Formal Assessments, Appeals and Reductions Date Long Form Submitted Assessment Appealed Yes No Date Formal CPA Submitted Final Assessment S Date ❑ Penalty modified 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 Data Demand Let. Sent Violation Activities and Impacts AECs Affected: Wetlands Impacted? Yes /(ZOD If yes, which types: CW EW PTA ES PTS ® HHF IH SA DS' Cl SY • A LS TY SS SC. SP IF BF 404 PWS: FC: Other: Restoration Required by the Respondent (52S/ No Dimensions in excess ofpermlt/unauthorized activities, Dimensions to restore Final dimensions allowed Actually restored y Development Activities ' Habitat Description Closing Payment Received $__ __ _—Date._ _-- Date Case Closed P.- 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 Susan L. Roos 137 Thrush Court Duck, NC 27949 CERTIFIED MAIL RETURN RECEIPT REQUESTED Dear Ms. Roos: January 24, 2005 JAN 2 8 2005 Morehead City DCM RE: CAMA VIOLATION #04-35A This letter is in reference to the Notice of Violation dated August 27, 2004 that Mr. Dennis Hawthorn, representative for the Division of Coastal Management, issued to you for the undertaking of minor development without a permit, by installing sandfencing aligned parallel to the shoreline and/or improperly aligned seaward of the dune crest at Lot 22, Tuckahoe Phase 1, off of State Highway NC12, in or near the community of Duck, in Dare County, North Carolina. The violation involved Ocean Hazard Area, which is an Area of Environmental Concern designated by the Coastal Resources Commission. Based upon the site visit conducted on January 18, 2005 by Mr. Dennis Hawthorn, the restoration requested appears to be complete to the satisfaction of the Division of Coastal Management. The Coastal Area Management Act provides that a civil assessment of up to $250 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 $100.00 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 $100.00 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. 1367 U.S.17 South, Elizabeth City, North Carolina 27909 Phone: 252-264-3901 \ FAX: 252-264-3723 \ Internet: www.nrcoastalmanagement.net An Equal Opportunity \ Affirmative Action Employer — 30% Recycled by Fiber Weight Susan L. Roos January 24, 2005 Page 2 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 (252) 264-3901. Sincerely, Z� Ted S mpso� District Manager Northeast District Enclosures cc: Ted Tyndall, Assistant Director, Division of Coastal Management, Morehead City, NC Roy Brownlow, Compliance Coordinator, DCM, Morehead City, NC Sue Contelessa, Planning Office, Town of Duck t Susan L. Roos January 24, 2005 Page 3 CAMA VIOLATION #04-35A 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 $100.00 against me for violation of the Coastal Area Management Act, NCGS 113A-100 et seg, committed on or near my property Lot 22, Tuckahoe Phase 1, off of State Highway NC12 in Duck, Dare 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 August 27, 2004, and agree to pay the proposed civil assessment of $100.00. DATE SIGNATURE ADDRESS TELEPHONE NUMBER A7jA NCDENR North Carolina Department of Environment and Natural Resources Division of Coastal Management Michael F. Easley, Governor Charles S. Jones, Dire �i(fy4Viiltam G. R Jr., Secretary uu �� Janua�y 21, 2005 Ms. Susan L. Roos 137 Thrush Court JAN 2 6 2005 Duck, NC 27949 RE: RESTORATION ACCEPTANC k0M(Q.'l>R QM04-35A Dear Ms. Roos: This letter is in reference to the Notice of Violation #04-35A sent to you dated August 27, 2004 for the undertaking of minor development without a permit, by installing sandfencing aligned parallel to the shoreline and/or improperly aligned seaward of the dune crest within the Ocean Hazard Area of Environmental Concern in or near the Atlantic Ocean. The violation took place on your property located at Lot 22, Tuckahoe Phase 1 off of State Highway NC 12 in or near the community of Duck in Dare County, North Carolina. This unauthorized activity constituted development and you were requested to remove, and/or bring the sandfence into compliance with the rules of the Coastal Resources Commission, 15A NCAC 07K .0212. 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. A site visit at the aforementioned property was conducted by Dennis Hawthorn on January 18, 2005 to inspect the restoration of the unauthorized activity addressed in the Notice of Violation #04-35A. Based on this inspection, it appears the restoration is accomplished to the satisfaction of this Division. Upon 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 252 264 3901. Sincerely, Sampson District Manager Northeast District TS/yc Cc: Ted Tyndall, Assistant Director, Division of Coastal Management (DCM), Morehead City Roy Brownlow, Compliance Coordinator, DCM, Morehead City 1367 U.S.17 South, Elizabeth City, North Carolina 27909 Phone: 252-264.3901 \ FAX: 252-264.3723 \ Internet: www.nccoastaimanaaement.net An Equal Opportunity \ Affirmative Action Employer — 30% Recycled by Fiber Weight 04-Feb-05 NC DIVISION OF COASTAL MANAGEMENT ENFORCEMENT RECORD CASE STATUS -- CASE NUMBER LAST NAME FIRST NAME BUSINESS NAME: 04735A IROOS SUSAN L CASE IS CLOSED AFFLILIATION SECTOR NOV DATE CLOSURE DATE Previous Violations in Same AEC PROPERTY OWNE PRIVATE El for Similar Activities 8/27/2004 - MAILING ADDRESS CITY STATE ZIP CODE PHONE NUMBER 137 THRUSH CT DUCK NC 2779- I PROPERTY ADDRESS COMMUNITY WATERBODY NEAREST ROAD 137 THRUSH CT DUCK ATLANTIC OCEAN ��- DISTRICT OFFICE COUNTY DCM REPRESENTATIVE LPO CONTACT ECDO DARE HAWTHORN — I VIOLATION TYPE MINOR CAMA NATURE OF VIOLATION ized minor development by instal of the dune crest in the OH AEC. RESTORATION STATUS - ❑ RESTORATION NOT REQUIRED - CONTRACTOR AEC TYPE OH ' RESTORATION NOT REQUIRED - PERMITTABLE DEVELOPMENT _,RESTORATION NOT REQUIRED -FURTHER IMPACTS L RESTORATION PENDING PENALTY STATUS -- PENALTY ISSUED PENALTY NOT ISSUED CONRACTOR'S FIRST OFFENSE to RESTORATION REQUEST DATE COMPLETION DATE 9/24/2004 1 18 2005 �- RESTORATION EXTENDED RESTORE DATE - DEADLINE EXTENDED F_ REFERRED TO AG'S OFFICE - COLLECTION � REFERRED TO AG'S OFFICE - INJUNCTION ASSESSMENT DATE PENALTY AMOUNT COLLECTION DATE AMOUNT COLLECTED 1'24'2005 3100 �— I�� j WILLFUL INTENTIONAL PENALTY (MIN. OR DOUBLED) n CNOV ISSUED -! SETTLED, AGREED UPON, OR STIPULATED PENALTY -1 PENALTY APPEALED UNCOLLECTIBLE PENALTY Violations Involving Adversely Impacted Resources AMOUNT OF ADVERSELY DISTURBED AREA (SO. FT.) AMOUNT OF RESTORED AREA (SO. FT) NOTES FORMAL CPA ISSUED e7A AW— 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 CERTIFIED MAIL RETURN RECEIPT REQUESTED NOTICE OF VIOLATION 19P August27,2004 SEP 0 3 2004 Ms. Susan L. Roos 137 Thrush Court Morehead CityD Duck, NC 27949C+M RE: NOTICE OF VIOLATION AND REQUEST TO CEASE UNAUTHORIZED DEVELOPMENT CAMA MINOR VIOLATION #04-35A Dear Ms. Roos: This letter confirms that on August 19, 2004, 1 was onsite at your property located at 137 Thrush Court adjacent to the Atlantic Ocean located at Lot 22, Tuckahoe Phase 1, in Duck, Dare County, North Carolina. The purpose of the visit was to investigate unauthorized development consisting of.the installation of nonconforming sand fencing on your lot within the Ocean Hazard Area. Information gathered by me shows that you have undertaken minor development in violation of the Coastal Area Management Act. 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.) 113A-118. I have information that you have undertaken, or are legally responsible for, minor development by installing sand fencing aligned parallel to the shoreline and/or improperly aligned seaward of the dune crest on the aforementioned property. This activity took place in the Ocean Hazard Area that is contiguous with the Atlantic Ocean. The Ocean Hazard Area is designated as an Area 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 I request that you immediately Cease and Desist any further development and contact me about this important matter. A civil assessment of up to $250 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 $250, An injunction or criminal penalty may also be sought to enforce any violation in accordance with N.C.G.S.113A-126. 1367 U.S. 17 South, Elizabeth City, North Carolina 27909 Phone: 252-264.3901 \ FAX: 252-264.3723 \ Internet: www.nccoastalmanagement.net An Equal Opportunity 1 Affirmative Action Employer— 30% Recycled by Fiber Weight r It is the policy of the Coastal Resources Commission to assess a civil penalty of not less than $50 against all violations of this type. 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. If restoration of the affected resources is requested, but is not undertaken or completed satisfactorily, a substantially higher civil penalty will be assessed and a court injunction will be sought ordering restoration. BasedSupan ttie.North (I S�0h°a Administrative Code, Title 15A, Subchapter 07H. State Guidelines for Areas .,Ehvironmental Conc&ri;4 e`,activity you have undertaken, installation of nonconforming sand fencing in the Ocean, Hazard AEC, is ndt''consistent with 15A NCAC 07K,0212, which states the conditions required for installation and maintenance of sand fencing. Therefore, I am requesting that you repair or remove your existing sand fence. Please refer to the enclosed Restoration Agreement. N11f 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 restoration as requested in the Restoration Management, you will be notified as to the without first obtaining the proper permit(s). Sincerely, Dennis Hawthorn Coastal Management Representative DH/yc in resolving this important matter. Upon completion of the Plan Agreement to the satisfaction of the Division of Coastal amount of a civil assessment for undertaking development cc: Ted Tyndall, Assistant Director, NC Division of Coastal Management (DCM), Morehead City Ted Sampson, District Manager, DCM, Elizabeth City Roy Brownlow, Compliance Coordinator, DCM, Morehead City ENCLOSURE 1 RESTORATION PLAN For Ms. Susan L. Roos CAMA Minor Violation #04-35A Property located at 137 Thrush Ct., Duck, Dare County Sand fencing must meet the conditions listed below in accordance with 15A NCAC 07K .0212, or be removed. Installation and Maintenance of Sand Fencing — Sand fences that are installed and maintained in accordance with the following criteria are exempt from CAMA permit requirements: • The fencing must be no taller than 5 feet and built from evenly spaced thin wooden vertical slats connected with twisted wire, • The fencing must be placed as far landward as possible to avoid interference with sea turtle nesting, public access, and use of the beach. It must not be placed on the wet -sand beach. • If fencing is to be placed parallel to the shoreline, it must not be located waterward of the crest of the frontal or primary dune. • If fencing is to be placed waterward of the crest of the dune, it must be installed at a 45•degree or greater angle to the shoreline. Each section of fence must not be longer than 10 feet, and sections must be spaced at least 7 feet apart. • Fencing must not extend more than 10 feet beyond either the first line of stable natural vegetation, the toe of the frontal or primary dune, or the erosion escarpment of the dune, whichever is closest to the water. I, Ms. Susan L. Roos, agree Management by September request for time extension. to complete this restoration to the satisfaction of the Division of Coastal 24, 2004, or provide an explanation for non-compliance and a reasonable SIGNATURE: DATE: It is the policy of the Coastal Resources Commission to levy a civil assessment of at least $50 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. 09-Sep-04 NC DIVISION OF COASTAL MANAGEMENT ENFORCEMENT RECORD CASE STATUS -- - CASE NUMBER LAST NAME FIRST NAME BUSINESS NAME: —I 04-:in6. ROOS SUSAN CASE IS CLOSED NOV DATE CLOSURE DATE AFFLILIATION SECTOR - Previous Violations Ill Same AEC r PROPERTY OWNE PRIVATE '.. for Similar Activities 8/27/2004 MAILING ADDRESS CITY STATE 137 THRUSH CT IDUCK NC PROPERTY ADDRESS COMMUNITY 137 THRUSH CT DUCK DISTRICT OFFICE COUNTY DCM REPRESENTATIVE ECDO DARE 1HAWTHORN r� ZIP CODE PHONE NUMBER 27949- I WATERBODY NEAREST ROAD ATLANTIC OCEA I — LPO CONTACT I VIOLATION TYPE MINOR CAMA AEC TYPE OH NATURE OF VIOLATION Zed minor development by installing sand fencing aligned parallel to the shoreline and/or improperly aligned of the dune crest in the OH AEC. RESTORATION STATUS — RESTORATION NOT REQUIRED - CONTRACTOR ❑ RESTORATION NOT REQUIRED - PERMITTABLE DEVELOPMENT ❑ AESTORATION NOT REQUIRED - FURTHER IMPACTS ❑ RESTORATION PENDING RESTORATION REQUEST DATE COMPLETION DATE 9/24/2004 RESTORATION EXTENDED RESTORE DATE ❑ DEADLINE EXTENDED f l REFERRED TO AG'S OFFICE - COLLECTION REFERRED TO AG'S OFFICE - INJUNCTION ASSESSMENT DATE PENALTY AMOUNT COLLECTION DATE AMOUNT COLLECTED PENALTY STATUS ❑ PENALTY ISSUED ❑ PENALTY NOT ISSUED WILLFUL INTENTIONAL PENALTY (MIN. OR DOUBLED) ❑ CONRACTOR'S FIRST OFFENSE SETTLED, AGREED UPON, OR STIPULATED PENALTY UNCOLLECTIBLE PENALTY Violations Involving Adversely Impacted Resources AMOUNT OF ADVERSELY DISTURBED AREA (SQ. FT.) AMOUNT OF RESTORED AREA (SQ. FT) NOTES 1 CNOV ISSUED [� PENALTY APPEALED -] FORMAL CPA ISSUED