14-16A Nichterlein

WMA
NCDENR
North Carolina Department of Environment and Natural Resources
Pat McCrory John E. Skvaria, III
Governor Secretary
July 23, 2014
CERTIFIED MAIL #7012 3460 0002 0625 5412
RETURN RECEIPT REQUESTED
Fred and Lynne Nichtedein
134 Ranch Drive
Elizabeth City, North Carolina 27909
RE: STOP WORK ORDER AND NOTICE OF FAILURE TO APPLY FOR CAMA PERMIT
CAMA MINOR VIOLATION#14-16A
Dear Mr. and Mrs. Nichtedein:
This letter is in reference to my July 1st and July 23ro 2014, visits to lot #52 Rivers Edge II subdivision, in or
near the community of New Hope, in Perquimans County. The purpose of the visit was to investigate
unauthorized development involving the placement of dirt fill within 75' of normal water level on the
aforementioned property. This letter also references my conversation on the same day with Patrick
Whitehurst (contractor) regarding this matter.
Information gathered by me shows that you have undertaken minor development without a permit. 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-1 18.
I have information that indicates you have undertaken or are legally responsible for the placement of dirt fill
within 75' of normal water level without authorization on the aforementioned property. This activity took
place within the Estuarine Shoreline Area that is contiguous with the Little River off of the Albemarle Sound.
Estuarine Shorelines are designated as Area(s) of Environmental Concern (ACE). No CAMA permit was
issued 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.
You are hereby requested to STOP WORK ALL UNAUTHORIZED WORK and file the necessary
application with the Elizabeth City District Office August 15, 2014. NO WORK MAY PROCEED UNTIL
THE CAMA MINOR PERMIT HAS BEEN ISSUED. If you comply voluntarily, no further action will be
necessary beyond the issuance of the required permits.
Failure to file an application for a CAMA Minor Permit, or continuation of work after receipt of this Notice,
will constitute a violation of the Coastal Area Management Act (CAMA) and you may be subject to civil
and/or criminal penalties as provided by North Carolina General Statute (NCGS)113A-126. Each da th t
the development described in this Notice is continued or repeated may constitute a separa*—1
1367 US 17 South, Elizabeth City, NC 27909
Phone: [phone]FAX: [phone];Internet www.nccoastalmanagement.net JUL 2 8 2014
An Equal Opportunity \ ARnnatve Action Employer
DCMM0Cffy

Fred & Lynne Nichterlein
July 23, 2014
Page 2 of 2
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 NCGS 113A-126.
Since this is your first documented offense, there will be no assessment levied against you. However, if
you fail to comply with this request or continue to violate the CAMA, you should consider yourself
forewarned and expect a civil assessment to be levied against you consistent with the North Carolina
Administrative Code, Title 15A, Subchapter 7J, Section .0409, as adopted by the Coastal Resources
Commission.
Thank you for your time and cooperation in resolving this important matter. 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 near future to determine whether this STOP WORK
ORDER has been complied with.
Sincerely,
Lynn W. Mathis
Field Specialist
NC Division of Coastal Management
Cc: Frank Jennings, District Manager, DCM
Roy Brownlow Compliance Coordinator, DCM
b

DCM ENFORCEMENT TRACKING REPORT
Issuer
'ield Rep. _ ❑
:ompliance Rep. {ri
LPO I❑
Violation Case No. 8-/114
Permit
(if applicable)
Violation Description Was activity pennittabler[rey / No
Initial Discovery Date I Discovery Method 11" 47t- Ae—X
Violation Description i%feiA16 /Q' /A/ 75f/ AEC e &1 , *rtAl
Respondent Information Prior CAMA or D/F Violations: Yes N Prior Case No:
Respondent Name(s)
Address !iy /t'rd�ur� /�Rr✓�
Phone # Fax
Corporate Name & Roistered agent
City dir- Cr/;�, State Zip
Violation Type: Project Type: Authorizations Required: Site Visits Respondent Site Visits Respondent
No Permit Private/Community ❑ Major IV CAMA Present Present
❑ Permit Condition ❑ Govt./Public 20 Minor E] D&F /STD ❑ ❑
❑ Expired Permit R Commercial ❑ General ❑ ❑
❑ Inconsistent w/ Rules Tier Level II III ❑ ❑
Violation Location and Site Description
Project Location: County �GyLflvGts�7tG1
Street Address/ State Road/ Lot #(a)
32 o/ &e
Subdivision � e✓z-ws
City /7�ic� ZIP 279y�
Lat/Long
Shoreline Length / 0 �
SAV:
Not Sure Yes dy
Sandbags:
Not Sure Yes 10
PNA:
Yes db Adjacent
ORW:
Yes Adjacera
Crit. Hab.
Yes
Phone # ( _) River Basin Photos (9 No
Adj. Wtr. Body 469 /7r✓b2 man/unkn) Waiver Required Yes JP
Closest Maj. Wtr. Body �LAPtZ95 S"L44-1 In DWQ Buffer Area Yes
(130
Specify DWQ Buffer if applicable:
Restoration
Extension Granted Yes No
NOV Dale
CNOV Date
Penalty Assessment
Sent to Respondent Date
Rcvd. by Dist. Mgr. Date
Assessment Extended Yes
RECIUVED
JUL 2 B 2014
Initial Req. Comp. Date
Date Comp. Observed
App./Permit Fee
Penalty
No Willful/Intent.
Continuing
Investigative
Restoration Letter
Acceptance Date
7J.0409 Ref.
Recomm. Assess.
DCM Assess.
$
$
$
$
$
$
$
$
It
$
Total

r
Formal Assessments, Appeals and Reductions
Date Long Form Submitted Assessment Appealed: Yes No
Date Formal CPA Submitted
❑ Penalty modified
Final Assessment $ Date
Attorney General's Office for Injunction or Formal Collection
Date sent to AG - ❑ Respondent not responsive to penalty/NOV ❑ Injunction to complete restoration
Date Collection Letter Sent - Date Demand Letter Sent
Violation Activities and Impacts
AECs Affected: Wetlands Impacted? Yes / No If yes, which types:
cW EW PTA ES - PTS
OFA HHF IH UBA NIA SA DS CJ SY JR LS TY
oInic. rn SS SC SP IF BF 404
Restoration Required by the Respondent Yes / No
Dimensions in excess Dimensions to restore Final dimensions
of permit/ unauthorized activities allowed Actually restored
Development Activities
Habitat Description .. .. .
NOTES:
Closing
Payment Received $ Date Date Case Closed
I ;I

DCM ENFORCEMENT TRACKING REPORT
Field Rep.
Compliance Rep. CIS
LPO
Issuer N — 4114
p Violation Case No.
r =
J
Permit
(if applicable)
Violation Description T Was activity permittablea re / No
Initial Discovery Date 1/ / Discovery Method ty{ 77+- /04
Violation Description PLH-U.1lG jti^!4i /Al -75 REC
Respondent Information Prior CAMA or D/F Violations: Yes N Prior Case No:
Respondent Name(s) C yT- A[ t /V c///25l if n/ ( nd er/Agent/Contractor)
Address I?AI r 614 lJRt✓� City t'Ut-L'r/y State zip -Z2!2C
Phone #
Fax
Corporate Name & Registered agent
Violation Type: Project Type: Authorizations Required: Site Visits Respondent Site Visits Respondent
Present Present
No Permit � Private/Community Major � CAMA / 1S% ❑ El
Condition Govt./Public Minor D&F E/
Expired Permit Commercial I] General 3� ❑
Inconsistent w/ Rules Tier Level II III
Violation Location and Site Description
Project Location: County 219&4b IVY
Lat/Long
Shoreline Length &0
Street Address/ State Road/ Lot #(s)
SAV: Not Sure Yes
69
/�7- 32 47�t2 (�j/rfj�
Sandbags: Not Sure Yes
-tO
PNA: Yes
(b Adjacent
Subdivision Q/r/��S �!'F' 44
ORW: Yes
� Adjacent
./�
City mac /' zip
Crit. Hab. Yes
fly
/
Phone # ( _) River Basin
Photos (5)
No
Adj. Wtr. Body �,/Z67- 1&27"L (Oman/unkn)
Waiver Required Yes
10
TI �/t��"�"
In DWQ Buffer Area Yes
Closest Maj. Wtr. Body '�rrcz^/'mli� "l ;
-
Specify DWQ Buffer if applicable:
Restoration — A�o^/E
Extension Granted
Yes No
NOV Date
CNOV Date
Penalty Assessment
Sent to Respondent Date
Rcvd. by Dist. Mgr. Date _
Assessment Extended Yes No
i
JUL 81 2014
Initial Req. Comp. Date
Date Comp. A6caweA ��Ab -,k"
App./Permit Fee
Penalty
Willful/Intent.
Continuing
Investigative
Restoration Letter
Acceptance Date
7J.0409 Ref.
Recomm. Assess. DCM Assess.
$ $
$ $
$ $
$ $
$ $
Total E]E
ACM-MHDCITY
ACM-MHDCITY

Formal Assessments, Appeals and
Date Long Form Submitted
Assessment Appealed: Yes No
Date Formal CPA Submitted
❑ Penalty modified .
Final Assessment $ Date
Attorney General's Office for Injunction or Formal Collection
Date sent to AG ❑ Respondent not responsive to penalty/NOV ❑ Injunction to complete restoration
Date Collection Letter Sent Date Demand Letter Sent
Violation Activities and Impacts
AECs Affected: Wetlands Impacted? Yes /(D If yes, which types:
CW EW PTA < 5E) PTS
OEA HHF IH UBA N/A SA DS cJ SY JR LS TY
PWS: FC: SS sC SP IF BF 404 ,
Restoration Required by the Respondent `Yes /(9
- Dimensions in excess Dimensions to restore Final dimensions
of permit/ unauthorized activities allowed Actually restored
Development Activities
.. Habitat Deaeriptiori
Closing
Payment Received $ Date 7 Zr1l Date Case Closed., 01Y1 aG✓�

Government Office Permit Number:
Elizabeth City District Office 07282014
CAMA
MINOR DEVELOPMENT
PERMIT
as authorized by the State of North Carolina, Department of Environment,
and Natural Resources and the Coastal Resources Commission for development
in an area of environment concern pursuant to Section 113A-118 of the
General Statutes, "Coastal Area Management'
Issued to Fred and Lynne Nichterlein, authorizing development in the Estuarine Shoreline (AEC) at 141 Otter Way, in
Perquimans County, as requested in the permittee's application, dated July 28, 2014. This permit, issued on July 28,
2014, is subject to compliance with the application and site drawing (where consistent with the permit), all applicable
regulations and special conditions and notes set forth below. Any violation of, these terms may subject permittee to a
fine, imprisonment or civil action, or may cause the permit to be null and void.
This permit authorizes: Fill, grade and landscape yard, place walkway to the water and construct a chain link fence along the water
and side property lines.
(1) All proposed development and associated construction must be done in accordance with the permitted work plat
drawings(s) dated received on July 28, 2014.
(2) All construction must conform to the N.C. Building Code requirements and all other local, State and Federal regulations,
applicable local ordinances and FEMA Flood Regulations.
(3) Any change or changes in the plans for development, construction, or land use activities will require a re-evaluation and
modification of this permit.
(4) A copy of this permit shall be posted or available on site. Contact this office at 264-3901 for a final inspection at completion
of work.
ROMMM
(Additional Permit Conditions on Page 2) -- '
JUL 3 12014
This permit action may be appealed by the permittee or other qualified persons
within twenty (20) days of the issuing date. From the date of an appeal, any
work conducted under this permit must cease until the appeal is resolved. This
permit must be on the project site and accessible to the permit officer when the
project is inspected for compliance. Any maintenance work or project
modification not covered under this permit, require further written permit
approval. All work must cease when this permit expires on:
DECEMBER 31, 2017
In issuing this permit it is agreed that this project is consistent with the local Land
Use Plan and all applicable ordinances. This permit may not be transferred to
another party without the written approval of the Division of Coastal
Management.
DM-MMCff V
Lynn W. Mathis
Field Specialist
1367"Us Hwy 17 S
Elizabeth Qyity,Ag 27999
PERMITTEE
(Signature required if conditions above apply to permit)

Name: Fred and Lynne Nichterlein
Minor Permit # 07282014
Date: July 28, 2014
Page 2
(5) Unless specifically allowed in 15A NCAC 07H. 0209(d)(10), and shown on the permitted plan drawing, all
development/construction shall be located a distance of 30 feet landward of normal water level.
(6) All unconsolidated material resulting from associated grading and landscaping shall be retained on site by effective
sedimentation and erosion control measures. Prior to any land -disturbing activities, a barrier line of filter cloth must
be installed betxleen the land disturbing activity and the adjacent marsh or water areas, until such time as the area
has been properly stabilized with a vegetative cover.
(7) All other disturbed areas shall be vegetatively stabilized (planted and mulched) within 14 days of construction
completion.
1
i
c
SIGNATURE: DATE: 7
PERMITTEE