02-25A Oden

03
A7jA
NC®ENR
North Carolina Department of Environment and Natural Resources
Division of Coastal Management
Michael F. Easley, Governor Donna D. Moffitt, Director William G. Ross Jr., secretary
May 27, 2003 JUN 0 2 2003
Mr. Donnie Oden
P.O. Box 177
Hatteras, North Carolina 27943
RE: , Payment of Proposed Penalty for Violations of the Coastal Area Management Act,
Committed in Dare County
CAMA Violation #02-25A
Dear Mr. Oden:
This letter will acknowledge receipt of your Check #581, in the amount of $350.00, and dated
05/15/2003. 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,
Ted S pson
District Manager
TS/kh
cc: Charles S. Jones, Assistant Director, DCM
Roy Brownlow, Compliance Coordinator, DCM
Dennis Hawthorn, Coastal Management Representative
Raleigh Bland, COE
1367 U.S.17 South, Elizabeth City, North Carolina 27909
Phone: [phone] FAX: [phone] Internet hV://dcm2,enr.state.nc.us
An Equal Opportunity 1 Affirmative Action Employer — 50% Recycled 110% Post Consumer Paper

6/3/2003
Division of Coastal Management
Case Number Respondents Last Name First Name
02-25A Oden Donnie
Property Address Township
Hatteras Village
Mailing Address City
POB 177 Hatteras
Affiliation
Property Owner
Waterbody Nearest Road
Pamlico Sound Hwy 12
State Zip Code Phone Number
NC F 27943
District Office County DCM Representative LPO Contact
ECDO Dare Hawthorn
i
Notice of violation Date Case Closure Date OCase is Open ❑Case Referred to AG's Office - Injunction
[]Case Referred to AG's Office - Collection
16 Sep 2002 27 May 2003 *Case is Closed ❑Penalty Appealed
❑Formal CPA Issued
Violation Type AEC Type
Major CAMA / Dredge & Fill CW
Nature of Violation
Uauthorized major development and violation of D&F law by filling, grading, and land disturbance of
approximately 5,300 sgft of CW adjacent to the waters of the Pamlico Sound.
®Restoration Required Restoration Request Date Extension Request Date
❑Restoration Not Required - PermittablE 16 Oct 2002 ❑Restoration Deadline Extended
[_]Restoration Not Required - Contractor Restoration Completion Date
❑Restoration Not Required -Impacts 12 May 2003
Assessment Date Initial Assessment Am Assessment Collection Date
®Penalty Assessed ', 12 May 2003 ', $350 15 May 2003
❑Penalty Not Assessed
❑Contractor's First Offense Final Amount Collected$350 ❑Settled, Agreed upon, or Stipulated Penalty
Violations Involving Land Disturbing Activity in AECs
Amount of Disturbed Area (Square Feet) 5,300
Amount of Restored Area (Square Feet) 5,300
Notes
Work completed on restoration.

ARA
NCDENR
North Carolina Department of Environment and Natural Resources
Division of Coastal Management
Michael F. Easley, Governor Donna D. Moffitt, Director William G. Ross Jr., Secretary
RETURN RECEIPT REQUESTED CERTIFIED MAIL May 12, 2003
Mr. Donnie Oden
P. 0. Box 177
Hatteras, NC 27943
RE: VIOLATION OF THE COASTAL AREA MANAGEMENT ACT WITHIN COASTAL
WETLANDS, DARE COUNTY, CAMA VIOLATION 4MOOMW
Dear Mr. Oden :
This letter is in reference to the Notice of Violation that Dennis W. Hawthorn, Coastal
Management Representative for the Division of Coastal Management issued to you on
September 16, 2002 for unauthorized development in violation of the Coastal Area Management
Act, as well as the State of North Carolina's Dredge and Fill Law. The violation occurred on
your property along NC 12, in Hatteras Village, Dare County, North Carolina. The unauthorized
activity resulted in the unauthorized filling of approximately 5,300 square feet of Coastal
Wetlands.
Coastal Wetlands are a designated Area of Environmental Concern, and no permit was issued to
you for the development in these areas associated with the referenced development. However,
you have complied with the requested action concerning this violation to the satisfaction of the
Division and this action is consistent with Restoration Plan attached with the above referenced
September 16, 2002 notice of violation and restoration request.
The Coastal Area Management Act provides that a civil assessment of up to $2,500 may be
assessed against any violation. It is the policy of the Coastal Resources Commission to assess a
civil penalty for all violations. This is done to recover some of the costs of investigating
violations and/or to compensate the public for any damages to its natural resources.
Under the Coastal Resources Commission rules, a civil penalty in the amount of $350.00 is
appropriate for this violation. In order to expeditiously resolve this matter, you may accept
responsibility for this violation, waive your right to an administrative hearing, and pay the
amount proposed above. I am enclosing two (2) copies of a "Waiver of Right to an
Administrative Hearing and Agreement to Pay Civil Assessment". If you understand the
proposed assessment and wish to pay, you should: (1) sign one of the attached waivers; (2)
include a check or money order for $350.00 made payable to the North Carolina Department of
Environment and Natural Resources (NCDENR); and (3) return the signed waiver and payment
to this office in the enclosed, self-addressed envelope within ten (10) days of the receipt of this
letter. If you do not respond within ten (10) days of the receipt of this notice, I`will issue a civil
penalty assessment that you may appeal by filing a petition for a hearing with the Office of
Administrative Hearings.
1367 U.S.17 South, Elizabeth City, North Carolina 27909
Phone: [phone] FAX: [phone] \ Internet: htto://dcm2.enr.state.nc.us
An Equal Opportunity 1 Affirmative Action Employer —50% Recycled 110% Post Consumer Paper

Mr. Donnie Oden
Assessment of CAMA Violation # 02-25A
May 12, 2003
Page 2
If you do not send a signed waiver 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 an opportunity to request a hearing on the penalty, or request remission of the penalty.
Thank you for your time and cooperation in resolving this matter. If you have any questions
concerning this matter, please do not hesitate to contact Dennis Hawthorn or myself in our Elizabeth
City Office at [phone].
Sincerely,
Ted Sa pson
District Manager
cc : Dennis Hawthorn, DCM, Elizabeth City, NC
Chgrlca,S. Jones, Assi$t=t Director, DCM, Morehead City, NC
Roy Brownlow, Compliance Coordinator, DCM, Morehead City, NC
Raleigh Bland, US Army Corps of Engineers, Washington, NC
Jim Meads, Dare County LPO

#02-25A
WAIVER OF RIGHT TO ADMINISTRATIVE HEARING
AND 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 $350.00 against me for violation of the
Coastal Area Management Act, NCGS 113A-100 et seq, committed on or near my property in Dare
County, North Carolina. I also understand that I have a right under G.S. 113A-126(d)(3) and 150B-
23 to a quasi-judicial administrative hearing on the alleged violation and proposed civil penalty.
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 September 16,
2002 voluntarily waive my legal right to an administrative hearing, and agree to pay the civil
assessment of $350.00. I understand that in doing so, I also hereby foreclose any right of appeal to
the Superior Court of North Carolina.
DATE
SIGNATURE
UOT

5/30/2003
Division of Coastal Management
Case Number Respondents Last Name
02-25A Oden
First Name
Donnie
Property Address Township
Hatter
Mailing Address
POB 177
City
Hatteras
Affiliation
Property Owner
Waterbody
State Zip Code
NC 29743
Nearest Road
Hwy 12
Phone Number
District Office County DCM Representative LPO Contact
ECDO Dare Hawthorn
I ]Case Referred to
Notice of Violation Date case Closure Date Case is Open AG's Office - Injunction
]Case Referred to AG's Office - Collection
16 Sep 2002 ❑Case is Closed 17Penalty Appealed
Formal CPA Issued
Violation Type AEC Type
Major CAMA / Dredge & Fill CW
Nature of Violation
Uauthorized major development and violation of D&F law by filling, grading, and land disturbance of
approximately 5,300 sgft of CW adjacent to the waters of the Pamlico Sound.
®Restoration Required Restoration Request Date
❑Restoration Not Required - Permittable 1 16 Oct 2002
❑Restoration Not Required - Contractor Restoration Completion Date
❑Restoration Not Required - Impacts 1
12 May 2003
®Penalty Assessed
❑Penalty Not Assessed
❑Contractor's First Offense
Extension Request Date
❑Restoration Deadline Extended I
Assessment Date Initial Assessment Am Assessment Collection Date
12 May 2003 $350
Final Amount Collected j ❑Settled, Agreed upon, or Stipulated Penalty
Violations Involving Land Disturbing Activity in AECs
Amount of Disturbed Area (Square Feet) F 5,300
Amount of Restored Area (Square Feet) I 5,300
Notes
Work completed on restoration- But still in progress.

w NC®ENR
North Carolina Department of Environment and Natural Resources
Division of Coastal Management
Michael F, Easley, Governor Donna D. Moffitt, Director William G. Ross Jr., Secretary
CERTIFIED MAIL 6 E V 1 ,
RETURN RECEIPT REQUESTED September 16, 2002
Mr. Donnie Oden
P. O. Box 177
Hatteras, NC 27943
RE: NOTICE OF VIOLATION, REQUEST TO CEASE UNAUTHORIZED DEVELOPMENT,
AND RESTORE COASTAL WETLANDS, DARE COUNTY, CAMA VIOLATION
# 02-25A
Dear Mr. Oden :
This letter confirms our May 15, 2002 onsite meeting at your property along NC 12 in Hatteras
Village. As we discussed on that day, it appeared that you had undertaken, or caused to have,
undertaken, development within the permit jurisdiction of the Coastal Area Management Act. After
thorough site investigation, examination of available aerial photography, and review of other site
information provided by the U. S. Army Corps of Engineers (USACE), I have concluded that this
information gathered by the North Carolina Division of Coastal Management (here after referred to
as the `Division') shows that you have undertaken, or caused to have been undertaken, Major
Development in violation of the Coastal Area Management Act (CAMA).
No person may undertake Major Development in a designated Area of Environmental Concern
without first obtaining a permit from the North Carolina Coastal Resources Commission, North
Carolina General Statutes (hereinafter abbreviated NCGS) 113A-118. As referenced above, this
information concludes that you have undertaken, or caused to have been undertaken, Major
Development along NC 12, in Hatteras Village, Dare County. This development includes
approximately 5,300 square feet of un-authorized filling, grading and land disturbance of Coastal
Wetlands, adjacent to the waters of the Pamlico Sound. The Coastal Resources Commission has
designated these areas as Coastal Wetlands Areas of Environmental Concern. According to the
Division 's records, no permit was issued for this development. Therefore, I have concluded that you
are in violation of the permit requirement 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 $2500.00 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 may be subject to an additional assessment of $2500.00. An injunction or criminal
penalty may also be sought to enforce any violation as per NCGS 113A-126.
1367 U.S.17 South, Elizabeth City, North Carolina 27909
Phone: [phone] FAX: [phone] Internet: hdp://dcm2.enr.state.nc.us
An Equal Opportunity1 Affirmative Action Employer — 50% Recycled 1 io% Post consumer Paper

Mr. Donnie Oden, Notice of Violation #02-25A
September 16, 2002
Page 2
It is the policy of the Coastal Resources Commission to assess at least the minimum civil penalty of
$500 against all such 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. Whether a higher
amount will be assessed will depend on several factors, including the nature and area of the resources
that were affected and the extent of the damage to them. If restoration of the affected resources is
requested by the Division but is not undertaken or completed satisfactorily, a substantially higher
civil penalty will be assessed and a court injunction will be sought ordering restoration.
You are also in violation of the State's Dredge and Fill Act which requires a permit from the North
Carolina Department of Environment and Natural Resources before undertaking any excavating or
filling in any estuarine waters, tidelands, marshlands, or state-owned lake as per NCGS 113-229.
Therefore, I also request that you immediately CEASE AND DESIST such unauthorized activity
and contact me about this matter as well. Violations of the State's Dredge and Fill Act may be
enforced by a criminal penalty or a civil action for damages or an injunction as per NCGS 113-229.
The enclosed Restoration Plan describes the action necessary to bring this project into compliance
with the Act. Provided you intend to cooperate with my request for restoration, 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 may result in a Notice of Continuing Violation and a court order for restoration.
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.
Once again, I request that you contact me immediately about these matters.
Sincerely,
Dennis W. Hawthorn
Coastal Management Representative
cc: Charles S. Jones, Assistant Director, DCM, Ted Sampson, District Manager, DCM/File,
Raleigh Bland and Tom Walker, COE, Washington, NC, Jim Meads, Dare County Local
Permit Officer

RESTORATION PLAN
FOR
DONNIE ODEN
PROPERTY LOCATED ALONG
MONITOR TRAIL, HATTERAS VILLAGE
DARE. COUNTY
VIOLATION #02-25A
RESTORATION AGREEMENT
I, Donnie Oden, agree to comply with above requested restoration plan that specifies the action necessary to
bring my property located along NC 12, in Hatteras Village into compliance with the Coastal' Area
Management Act, referenced in the September 16, 2002 Notice of Violation letter.
I agree to complete this restoration to the satisfaction of the Division of Coastal Management on or before
October 16, 2002, or provide an explanation for non-compliance, and a reasonable request fortime extension
to complete the requested restoration.
SIGNATURE
DATE:
2002
It is the policy of the Coastal Resources Commission to levy at least a minimum civil assessment against all
violations of this nature. If restoration'of the affected resource is not undertaken or completed satisfactorily, a
substantially higher civil assessment will be levied and an injunction sought to require restoration.

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