04-04A Rayl

V �q
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
April 2; 2004
Mr. David Rayl
132 Macaulay Road
Williamsburg, VA 23185
RE: Payment of Proposed Penalty for Violations of the Coastal Area
Management Act, Dare County; CAMA Violation #04-04A -
Dear Mr. Ray[:
This letter will acknowledge receipt of your Check #5797, in the amount of $50, and
dated April 2, 2004. Once the amount of the check is credited to the Department of
Environment and Natural Resources' account, this matter 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.
Sincerely,
J ��
%Ted S pson
District Manager
TS:yc
cc: CCharles S. Jones, Director, Division of Coastal Management
Roy Brownlow, Compliance Coordinator, Division of Coastal Management
Tony Zaharias, Field Representative, Division of Coastal Management
Chester Forrester, Building Inspector, Town of Kitty Hawk
1367 U.S. 17 South, Elizabeth City, North Carolina 27909
Phone: [phone] FAX [phone]nternet: www.necoastalmanagementnet
An Equal Opportunity 1 Affirmative Action Employer-30% Recycled by Fiber Weight

RESTORATION PLAN
For
David Rayl
CAMA Minor Violation #04-04A
Property located at 4701 North Virginia Dare Trail, Kitty Hawk, Dare County
I acknowledge that in accordance with the attached AEC Hazard Notice, which was signed by
me on 11 PIJ f1 21 20G41 , 2004, that the septic system shall be dismantled within
two years of becoming imminently threatened.
I acknowledge that in accordance with 15A NCAC 07J.0210, if the septic system is damaged
such that the required work will exceed 50% of the physical value of the structure at the time of
damage, the work will be considered replacement. Replacement would require the issuance of a
CAMA Minor Permit and I acknowledge that replacement of the system would not be permitted.
Additionally, submit to the Division of Coastal Management evidence of inspection and final
approval of the septic system from the Dare County Health Department.
SIGNATURE:
DATE: /;Z
It is the policy of the Coastal Resources Commission to levy a civil assessment of at least $50 against all
violations of this type, or higher, 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.

AEC HAzARD NOTICE
Project Is In An: Ocean Erodible Area_ High Hazard Flood Area
Date Lot Was Platted:
This notice is intended to make you, the applicant, aware
of the special risks and conditions associated with
development in this area, which is subject to natural
hazards such as storms, erosion and currents. The rules of
the Coastal Resources Commission require that you
receive an AEC Hazard Notice and acknowledge that
notice in writing before a permit for development can be
issued.
The Commission's rules onbuildingstandards, oceanfront
setbacks and dune alteration are designed to min im i ze, but
not eliminate, property loss from hazards. By granting
permits, the Coastal Resources Commission does not
guarantee the safety of the development and assumes no
liability for future damage to the development.
The best available information, as accepted by the Coastal
Resources Commission, indicates that the annual ocean
erosion rate for the area where your property is located is
feet per year.
The rate was established by careful analysis of aerial
photographs of the coastline taken over the past 50 years.
Studies also indicate that the shoreline could move as
much as _ feet landward in a major storm.
The flood waters in amajor storm are predicted to be about
feet deep in this area.
Preferred oceanfront protection measures are beach
nourishment and relocation of threatened structures.
Hard erosion control structures such as bulkheads,
seawalls, revetments, groins, jetties and breakwaters are
prohibited. Temporary devices, induding sand bags, may
Fan
be allowed under rercmidiHnne
structure shall be relocated or dismantled within two
of becoming imminently threatened.
The app can s ac ow a ge i ormation and
requirements by signing this notice in the below space.
Without the proper signature, the application will not be
complete.
AA p ilif a�ig a/tuurre
XC J'44''b t% C /�.n.Q c i C ✓S,� a ��'
Date
Inlet Hazard Area
SPECIAL NOTE: This hazard notice is required for
development in areas subject to sudden and massive
storms and erosion. Permits issued for developmentin this
area expire on December 31 of the third year following the
year . which the permit was issued. Shortly before work
begins on the project site, the Local Permit Officer will
determine the vegetation line and setback distance at your
site. If the property has seen little change and the proposed
development can still meet the setback requirement, the
LPO will inform you that you may begin work'. It is impor-
tant that you check with the LPO before the permit expires
for official approval to continue the work after the permit
has expired. Generally, if foundation pilings have been
placed and substantial progress is continuing, permit
renewal may not be necessary. If substantial progress has
not been made, the permit must be renewed and a new
setback line established. It is unlawful to continue work
after permit expiration without this approval.
For more information, contact:
T & >/ 0L Z c4 rt 'V
Local Permit Officer
l ? , 7 U, S. /7 S,vf 4
Address
Ali'2r4 b,lq N-<- 09
Locality
.;�5-2--
Phone
Revised 11193

��
>4
NCDENR
North Carolina Department of Environment and Natural
Division of Coastal Management
Michael F. Easley, Governor Charles S. Jones, Director
March 25, 2004
CERTIFIED MAIL
RETURN RECEIPT REQUESTED
Mr. David Rayl
132 Macauly Road
Williamsburg, VA 23185
RE: CAMA VIOLATION #04-04A
Dear Mr. Rayl:
"APR 0 2 2004
Resources
William G. Ross Jr., Secretary
This letter is in reference to the Notice of Violation dated March 25, 2004, issued to you by the Division of
Coastal Management for installation of a septic system at 4701 North Virginia Dare Trail in Dare County.
The violation occurred in 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.
Under the rules of the Coastal Resource Commission, a proposed civil penalty in the amount of $50 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 $50 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.
1367 U.S. 17 South, Elizabeth City, North Carolina 27909
Phone: [phone] \ FAX: [phone] \ Internet: www.nccoastaimanagement.net
An Equal Opportunity 1 Affirmative Action Employer— 30% Recycled by Fiber Weight

David Rayl
March 25, 2004
Page 2
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,
�ed Sampson
District Manager
TS:YC
Enclosures: Agreement to Pay Proposed Civil Assessment
cc: —,'Charles S. Jones, Director, Division of Coastal Management
Roy Brownlow, Compliance Coordinator, Division of Coastal Management

David Rayl
CAMA VIOLATION #04-04A
AGREEMENT TO PAY PROPOSED CIVIL ASSESSMENT
I understand that staff of the Department of Environment and Natural Resources will
propose the assessment of a civil penalty in the amount of $50 against me for violation of
the Coastal Area Management Act, NCGS 113A-100 et seg, committed on or near my
.property at 4701 North Virginia Dare Trail in 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 March 25, 2004, and
agree to pay the proposed civil assessment of $50.
DATE
SIGNATURE
ADDRESS
TELEPHONE NUMBER

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
March 25, 2004
Mr. David Rayl
132 Macauly Road
Williamsburg, VA 23185
RE: NOTICE OF VIOLATION; CAMA MINOR VIOLATION #04-04A
Dear Mr. Rayl:
This letter confirms that on March 24, 2004, Ed Harrell and Tony Zaharias, representatives of the
Division of Coastal Management, were onsite at your property located at 4701 North Virginia
Dare Trail, adjacent to the Atlantic Ocean, located in or near Kitty Hawk, in Dare County, North
Carolina. The purpose of the visit was to investigate unauthorized relocation of a septic system
on your lot within the Ocean Hazard Area, which is an Area of Environmental Concern (AEC)
designated by the Coastal Resources Commission.
Information gathered by the NC Division of Coastal Management 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 relocating the septic system on the aforementioned property. This activity took place within
the Ocean Hazard Area that is contiguous with the Atlantic Ocean, which is an Area of
Environmental Concern. 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 Vwlatfon for violation of
the Coastal Area Management Act.
It is the policy of the Coastal Resources Commission to assess a minimum civil penalty of $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.
1367 U.S.17 South, Elizabeth City, North Carolina 27909
Phone: [phone] \ FAX: [phone] \ Internet: www.nccoastalmanagement.net
An Equal Opportunity \ Affirmative Action Employer — 30% Recycled by Fiber Weight

J
David Rayl
March 25, 2004
Page 2
The. activity undertaken has been found to be consistent with the Division's standards and could
have been permitted if you had signed certain required documents. 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 the attached Restoration Agreement 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.
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 Division
of Coastal Management, you will be notified as to the amount of a civil assessment for
undertaking development without first obtaining the proper permit(s).
Sincerely,
Tony Zaharias
DCM Field Representative
Enclosure: Restoration Plan
cc: " Charles Jones, Director, Division of Coastal Management
Roy Brownlow, Compliance Coordinator, Division of Coastal Management

RESTORATION PLAN
For
David Rayl
CAMA Minor Violation #04-04A
Property located at 4701 North Virginia Dare Trail, May Hawk, Dare County
I acknowledge that in accordance with the attached AEC Hazard Notice, which was signed by
me on , 2004, that the septic system shall be dismantled within
two years of becoming imminently threatened.
I acknowledge that in accordance with 15A NCAC 07J.0210, if the septic system is damaged
such that the required work will exceed 50% of the physical value of the structure at the time of
damage, the work will be considered replacement. Replacement would require the issuance of a
CAMA Minor Permit and I acknowledge that replacement of the system would not be permitted.
Additionally, submit to the Division of Coastal Management evidence of inspection and final
approval of the septic system from the Dare County Health Department.
MICHUMMU014
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, or higher, 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.

07-Apr-04 NC DIVISION OF COASTAL MANAGEMENT ENFORCEMENT RECORD
CASE STATUS _ --- CASE NUMBER LAST NAME
FIRST NAME BUSINESS NAME
* nw� 1 0704A lRayl David r—
CASE IS CLOSED
AFFLILIATION
NOV DATE CLOSURE DATE
PROPERTY OWNE
3/25 00004
MAILING ADDRESS
CITY STATE
132 McCauly Road
Williamsburg
VA
PROPERTY ADDRESS COMMUNITY
4701 North Virginia Dare Trail Kitty Hawk
SECTOR
Previous Violations in Same AEC
PRIVATE _- for Similar Activities
ZIP CODE PHONE NUMBER
23105- I
WATERBODY NEAREST ROAD
Atlantic Ocean
DISTRICT OFFICE COUNTY DCM REPRESENTATIVE LPO CONTACT
ECDO DARE Zaharias
VIOLATION TYPE
MINOR CAMA
NATURE OF VIOLATION
I
AEC TYPE OE, OH
system
RESTORATION STATUS —
RESTORATION NOT REQUIRED - CONTRACTOR
d RESTORATION NOT REQUIRED - PERMITTABLE DEVELOPMENT
RESTORATION NOT REQUIRED - FURTHER IMPACTS
RESTORATION PENDING
a
RESTORATION REQUEST DATE COMPLETION DATE
f1 RESTORATION EXTENDED RESTORE DATE
DEADLINE
EXTENDED
REFERRED TO AG'S OFFICE - COLLECTION
❑ REFERRED TO AG'S OFFICE - INJUNCTION
ASSESSMENT DATE PENALTY AMOUNT COLLECTION DATE AMOUNT COLLECTED
PENALTY STATUS
3/25/2004 $50
'PENALTY ISSUED
❑ PENALTY NOT ISSUED L; WILLFUL INTENTIONAL PENALTY (MIN. OR DOUBLED) '❑' CNOV ISSUED
❑ CONRACTOR'S FIRST OFFENSE ul SETTLED, AGREED UPON, OR STIPULATED PENALTY PENALTY APPEALED
❑ UNCOLLECTIBLE PENALTY FORMAL CPA ISSUED
Violations Involving Adversely Impacted Resources
AMOUNT OF ADVERSELY DISTURBED AREA (SQ. FT.) r
AMOUNT OF RESTORED AREA (SQ. FT) F_
NOTES

06-May-04 NC DIVISION OF COASTAL MANAGEMENT ENFORCEMENT RECORD
CASE STA`---- ---, CASE NUMBER LAST NAME
FIRST NAME BUSINESS NAME:
!. CASE IS CLOSED f
04-04A Rayl David
AFFLILIATION SECTOR
NOVrevious Violations in Same AEC
OV DATE CLOSURE DATE
PROPERTY OWNE PRIVATE t❑ for Similar ACtIVIt12S
3/25/2004 a'
MAILING ADDRESS CITY STATE
132 McCauly Road Williamsburg VA
PROPERTY ADDRESS COMMUNITY
4701 North Virginia Dare Trail Kitty Hawk
DISTRICT OFFICE COUNTY DCM REPRESENTATIVE
ECDO DARE lZaharias
VIOLATION TYPE
MINOR CAMA
NATURE OF VIOLATION
orized minor development by relocating a
Erodible area of environmental concern.
ZIP CODE PHONE NUMBER
23105-
WATERBODY NEAREST ROAD
Atlantic Ocean �—
LPO CONTACT
I
AEC TYPE OE, OH
system on property located in
RESTORATION STATUS - - - - - ----- --- - ---- - -- ---
❑ RESTORATION NOT REQUIRED - CONTRACTOR
© RESTORATION NOT REQUIRED - PERMIT -FABLE DEVELOPMENT
❑'RESTORATION NOT REQUIRED - FURTHER IMPACTS
❑ RESTORATION PENDING
RESTORATION REQUEST DATE COMPLETION DATE
I I
❑ RESTORATION EXTENDED RESTORE DATE
DEADLINE
EXTENDED
REFERRED TO AG'S OFFICE - COLLECTION
J REFERRED TO AG'S OFFICE - INJUNCTION
ASSESSMENT DATE PENALTY AMOUNT COLLECTION DATE AMOUNT COLLECTED
!- PENALTY STATUS 3/25/2004 F $50 4/2/2004 $50
PENALTY ISSUED
- 1 PENALTY NOT ISSUED ❑ WILLFUL INTENTIONAL PENALTY (MIN. OR DOUBLED) ❑ CNOV ISSUED
I
CON RACTOR'S FIRST OFFENSE ❑ SETTLED, AGREED UPON, OR STIPULATED PENALTY1 PENALTY APPEALED
UNCOLLECTIBLE PENALTY ❑ FORMAL CPA ISSUED
Violations Involving Adversely Impacted Resources
AMOUNT OF ADVERSELY DISTURBED AREA (SQ. FT.) F`
AMOUNT OF RESTORED AREA (SO. FT) F_
NOTES