02-31A Moore

NOV CNOV
Restoration Order Assmt.Pd. Letter
L ,I Assessment Letter
DCM Enforcment Report
DCM ENFORCEMENT ACTION REPORT SHEET
Case No.: 02- .31 A
District Office: E C
Date of N.O.V.:
Closed Date:
DCM Representative: L• kte-tg4( S LPO:
Permit Number (if applicable): k) A
Responsible Party (Violator): /I�� AAOC9I%
L Address of Violation: vT S0-G _
Location: County:
Township:
Road:c�rv�t/r�z</ l�!�
Waterbody: tit Aal -AAME (/l &14
Nature of Violation:
a✓zo f0( (s
21
Restoration Required: Y N If YES, Date restoration to be completed:z
Civil Penalty Issued: Y N
Date Restoration Completed:
DATE CASE CLOSED:
Date
az
Z�G oZ
COMMENTS:
Notes
If YES, Amount of civil penalty: $
Date Penalty Collected:

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NC®ENR
North Carolina Department of Environment and Natural Resources
Division of Coastal Management
Michael F. Easley, Govemor
CERTIFIED MAIL
RETURN RECEIPT REQUESTED
Ed Moore
Post Office Box 681660
Riverside, Missouri 64168
Donna D, Moffitt, Director
RE: NOTICE OF VIOLATION
CAMA VIOLATION #02-31A
Dear Mr. Moore:
William G. Ross Jr., Secretary
October 11, 2002
Information gathered by the Division of Coastal Management shows that Major Development has been
undertaken on your property, in violation of the Coastal Area Management Act.
In accordance with North Carolina General Statutes (hereinafter abbreviated NCGS) 113A-118, no
person, firm of corporation may engage in Major Development within a designated Area of
Environmental Concern without first obtaining a permit from the North Carolina Coastal Resources
Commission. A recent site visit on an adjacent property revealed that a dock has been constructed in the
adjacent man-made canal from your property, more specifically described as Lot 48, Section M,
Colington Harbour Subdivision, in Dare County. Review of our records indicates that the dock was built
without authorization. In accordance with the specific 'conditions established in 15A of the North
Carolina Administrative Code, subsection 07H .1205(o):
" Piers, docks and boat houses shall not interfere with the access to any riparian
property, and shall have a minimum setback of 15 feet between any part of the pier
and the adjacent property lines extended into the water at the points that they
intersect the shoreline. The minimum setbacks provided in the rule may be waived by
the written agreement of the adjacent riparian owner(s), or when two adjoining
riparian owners are co -applicants. Should the adjacent property be sold before
construction of the pier commences, the applicant shall obtain a written agreement
with the new owner waiving the minimum setback and submit it to the Division of
Coastal Management prior to initiating any development of the pier, dock, or
boathouse. The line of division of areas of riparian access shall be established by
drawing a line along the channel or.deep water in front of the property, then drawing
a line perpendicular to the line of the channel so that it intersects with the shore at the
point the upland property line meets the water's edge. Application of this Rule may
be aided by reference to the approved diagram in Paragraph (q) of this Rule
illustrating the rule as applied to various shoreline configurations. Copies of the
diagram may be obtained from the Division of Coastal Management. When shoreline
configuration is such that a perpendicular alignment cannot be achieved, the pier
shall be aligned to meet the intent of this Rule to the maximum extent practicable."
1367 U.S.17 South, Elizabeth City, North Carolina 27909
Phone: [phone] FAX: [phone] Internet: http://dcm2.enr.state,nc.us
An Equal Opportunity 1 Affirmative Action Employer - 50% Recycled 110% Post Consumer Paper

The dock in question has been constructed within 15' of the adjacent riparian properties within
the Estuarine and Public Trust Area of Environmental Concern, designated Areas of Environmental
Concern, and no permit has been issued for it. Therefore, I have concluded that you are in violation of the
permit requirement of the Coastal Area Management Act.
A civil assessment of up to $2,500.00 may be assessed against any violator, and each day that the
development described in this Notice is continued or repeated may constitute a separate violation, which
is subject to an additional assessment of $2,500.00. An injunction or criminal penalty may also be sought
to enforce any violation as per NCGS 113A-126.
It is the policy of the Coastal Resources Commission to assess as a minimum, a civil penalty of
$200.00 against violations of this nature. 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.
The activity undertaken is not consistent with the Division's standards at this time. In order to
retain the structure, as constructed, you must obtain written waivers from the adjacent riparian property
owners stating that they have no objections to the development by waiving the 15' setback requirement.
Failure to do so will require that the dock be set the minimum 15' from the adjacent riparian line. The
enclosed Restoration Plan also describes the action necessary to bring this project into compliance with
the Act. Provided you intend to cooperate with my request within twenty (20) days from the date that you
receive this letter, please sign one of the attached Restoration Plans and return it to me in the enclosed,
self-addressed envelope. No response from you within ten (10) days of receipt of this letter will be
interpreted, as a refusal to cooperate and result in a Notice of continuing violation and a court order will
be sought ordering restoration.
Each day that the development described in this Notice continues beyond the restoration deadline
may constitute a separate violation, subject to an additional assessment of $2,500.00. An injunction or
criminal penalty may also be sought to enforce any violation in accordance with I I3A-126 of the North
Carolina General Statutes.
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. If you have any questions, or I can be of any assistance,
do not hesitate to contact me at the Elizabeth City District Office at [phone].
Sincerely,
Lynn W. Mathis
Coastal Management Field Representative
LWM/lm
Enclosures
cc: Charles S. Jones, Assistant Director, DCM
Roy Brownlow, Compliance Coordinator, DCM
Ted Sampson, District Manager, DCM
Raleigh Bland, COE
Jim Meads, Dare County LPO

�l
1 RESTORATION PLAN
FOR
Ed Moore
PROPERTY LOCATED AT Lot 48, SECTION M, ON SOUNDVIEW DRIVE,
DARE COUNTY, IN NORTH CAROLINA. .
CI) I7x_k MAY IZCPIAIr3 k110t0,L Ttfc
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15ILE . c!'STsI.S�lt�rl f&- A THt� rShjlv_cWT
(ZI ��Rt2UkAl 'F1'L )P &*V, OW N e25 .
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I agree to complete restoration by obtaining the required adjacent riparian waiver to the
setback or move the dock .15' from adjacent riparian lines. All restoration work will be
completed within twenty (20) days from the date that I received this letter, should I be unable to
obtain the necessary waivers.
Signature of Owner
DATE: 2002

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CERTIFIED MAIL RETURN RECEIPT REQUESTED
DIVISION OF COASTAL MANAGEMENT
ADJACENT RIPARIAN PROPERTY OWNER NOTIFICATION/WAIVER FORM
Name of Individual applying for Permit:
L -•7" 4% St.Z-I'lpN '1� IQ7U A)(b 6'U 111 1"fYt-rLSUVYL
Address of Property:
ti-'
50UU1)VC�� i�2lV7 , 1� /t/� I ,
(Lot or Street #, Street or Road, City & County)
I hereby certify that I own property adjacent to the above referenced property. The individual
applying for this permit has described to me as shown on the attached drawing the development
they are proposing. A description or drawing, with._dimensions, should be provide— th this
letter.
I have no objections to this proposal. I have objections to this proposal.
If you have objections to what is being proposed, please write the Division of Coastal
Management, 1367 US 17 South, Elizabeth City, NC, 27909 or call [phone] within 10
days of receipt of this notice. No response is considered the same as no objection if you have
been notified by Certified Mail.
WAIVER SECTION
I understand that a pier, dock, mooring pilings, breakwater, boat house, or lift must be set back a
minhnum distance of 15' from my area of riparian access unless waived by me. (If you wish to
waive the setback, you must initial the appropriate blank below.)
I do wish to waive the 15' setback requirement.
I do not wish to waive the 15' setback requirement.
Signature Date
Print Name
Telephone Number With Area Code

Kru D�vr� r}1u_5 1
CERTIFIED MAIL RETURN RECEIPT REQUESTED
DIVISION OF COASTAL MANAGEMENT.
ADJACENT RIPARIAN PROPERTY OWNER NOTIFICATIONMAIVER FORM
Name of Individual applying for Permit:�o
Address of Property:—
Caiaa;C�Tt�ti (-�t�t2t3ayr�- t i�}fL� (�<UnJI i
(Lot or Street N, Street or Road, City & County)
I hereby certify that I own property adjacent to the above referenced property. The individual
applying for this permit has described to me as shown on the attached drawing the development
they are proposing. A description or drawing, with dimensions, should be provided with this
letter.
I have no objections to this proposal. I have objections to this proposal.
if you have objections to what is being proposed, please write the Division of Coastal
Management, 1367 US 17 South, Elizabeth City, NC, 27909 or call [phone] within 10
days of receipt of this notice. No response is considered the sale as no objection if you have
been notified by Certified Mail.
WAIVER SECTION
f`v E Ur�VAC-h u ( cK
I understand that a pier, dock, mooring pilings, breakwater, boat house, or lift must be set back a
minimum distance of 15' fiom my area of riparian access unless waived by me. (If you wish to
waive the setback, you must initial the appropriate blank below.)
I do wish to waive the 15' setback requirement.
Signature
Print Name
I do not wish to waive the 15"setback requirement.
Date
Telephone Number With Area Code
N �
DU�I< ENLROALN iN& �N

, `:
Case R: U
DCM ENTORCENIENT REPORT
(Use jar Waivers) NOV 0 5
LYI. )or,,)
Permit #: Consultant: Lfw v dts4i7Ht
we'G.4,&
Name: Address:
Citv: %'ll/b2Sl,%; State: 440 Zip: &Y16Y Phone #: f
" +Sli/d/ �ge}Y1E Utv�
County: YjhAc Nearest Water Body: Zi State Plane %:
6/R16- G. �uN�
LFO: <%wL 4tcr"S Locality: 6 ,y(, A, lf)9rz15Aza State Plane Y:
Vio Descp:
NOV Sent: /L /?—Violation: Major:4— Minor:_ Perm Cond:_ CANLA:_ D&F:
Restore: 2n Requested: _J&2-/( /i��- Completed:
'arNo) SE&-L/1Z (.Nol (Day) (Yr) NO) (-NY) (Yr)
Estuary: Pub Trst: Shoreline: _ Ocean Hz' _ Other: _ Pri Nurs: _ ORW: _
Wetlands:
n•..,'finl
SA: I
DS:
I CJ:
I SY:
I JR:
I LS:
I TY: II
SS:
I SC:
I SP:
I IF:
I BF:
I WS:
I MF:
TPE
A
(EC
EXCAVATE
FILLED
(Sq.F.,)
RESTORE
(Sq.F:.)
I OTHER
(Sq.F:J
L%E�
******* ASSESSMENT & DISPOSITION
Recommended Assmt: S Q077,00 References: 7J. 4 l 14 Y Criteria: Q3 S
ReportRcvd: 109 /01. Assessed: S a0d,00 To AG: / / To Violator: p/ /oi lai
Payment Received: $ 900,Od On: /0 /.2 16 2
Of Violators: Total Assessment: $
Case Closed: 10 /M/D�
Total Received:
RElUM: 12192

North Carolina
Michael F. Easley, Governor
October 29, 2002
Ed Moore
P. O. Box 681660
Riverside, Missouri 64168
y
NC®ENR
Department of Environment and Natural
Division of Coastal Management
Donna D. Moffitt, Director
Resources
William G. Ross Jr., Secretary
RE: Payment of Proposed Penalty for Violations of the Coastal Area Management Act,
Committed in Dare County
CAMA Violation #02-31A
Dear Mr. Moore:
This letter will acknowledge receipt of your Check #1783, in the amount of $200.00, and dated
10/25/02. 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, [phone].
Sincerely,
T d Sampso•�
District Manager
TS/dc
cc: Donna D. Moffitt, Director, DCM
Charles S. Jones, Assistant Director, DCM
Roy Brownlow, Compliance Coordinator
Lynn W. Mathis, Coastal Management Representative
Raleigh Bland, COE
1367 U.S.17 South, Elizabeth City, North Carolina 27909
Phone: [phone] FAX: [phone] Internet: hftp://dcm2.enr.state.nc,us
An Equal opportunity 1 Affirmative Action Employer — 50% Recycled 110% Post consumer Paper