05-14A Lunden

Mrs. Mae Lunden and Mr. Bob Lunden
July 6, 2005
Page 3 of 3
CAMA VIOLATION #05.14A 1
44
F9a
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 penaltyin the amount of $209 against me for violation of the Coastal Area Management
Act, NCGS 113A-100 et sec , committed on or near my property 1293 Colington Road 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 July 6, 2005 and agree to pay the proposed civil
assessment of $200.
-j'�
DATE
SIGNATURE
ADDRESS
TELEPHONE NUMBER

e7A
NCDENR
North Carolina Department of Environment and Natural Resources
Division of Coastal Management
Michael F. Easley, Governor Charles & Jones, Director William G. Ross Jr., Secretary
July 18, 2005 c-
Mr. Robert LundenD'w `J t' ca
PO Box 3497 Z005 Y
Kill Devil Hills, NC 27948 JUL 2 l
Morehead City D'14
RE. Payment of Proposed Penalty for Violations of the Coastal Area Management Act,
Dare County, CAMA Violation #05-14A
Dear Mr. Lunden:
This letter will acknowledge receipt of your Check #511 in the amount of $200, dated July 15,
2005. 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 the Northeast
District office, 252-264-3901.
Sincerely,
ed S son
District Manager
Northeast District
cc: Ted Tyndall, Assistant Director, Division of Coastal Management (DCM), Morehead City
Roy Brownlow, Compliance Coordinator, DCM, Morehead City
John Cece, Field Representative, DCM, Elizabeth City
1367 U.S. 17 South, Elizabeth City, North Carolina 27909
Phone: [phone]FAX: [phone]Internet: www.nccoastalmanagement.net
An Equal opportunity 1 Affirmative Action Employer —30% Recycled by Fiber Weight

DCM ENFORCEMENT TRACKING REPORT
// Issuer d S — / Y
Field Rep. J o N ex C 0- 0- e Violation Base No.
A B C D
LPO
Violated Permit No.
LP1 (if applicable)
Violation Descript'on Was activity permittable? res�/ No
Initial Discovery Date Q Discovery Method ii iVO efild,S P A4 CAIL 011
Violation Description
Sutk-Ar-g P1L1yU/DS Udo 6a l r
Respondent Information Prior Violations in same AEC: Yes/ No +Case
Respondent Name(s) — (YIS o e ° ^ 3 o b L• cA n dg- (Landowner/Agent/Contractor)
9 3LI ] City IK p�YIL I+ U-S State /tA� Zip - 79ge
Address- RI-,-�-�� �—
Phone # �a57-��Q'�l ( Fax#
Email
Violation Type: Project Type: Authorizations Required: Site Visits Respondent Site Visits Respondent
Present Present
M No Permit -t PrivatelCommunity ❑ Major CAMA S'� ❑
Permit Condition ❑ ❑
Govt./Public ❑ Minor D&F 1 D ❑
❑ Expired Permit El Commercial' General r-1 ❑
u
Inconsistent w/ Rules
Violation Location and Site Description Rover File 05 D711 #
D A ,
Project Location: County Shoreline Length ��
Street Address/ State Road/ Lot #(s) SAV: Not Sure Yes )�
12
� q3 COL n1 U Sandbags: NotSure Yes 10
PNA: Yes 9) Adjacent
Subdivision, — DRW: Yes lD Adjacent
City L; )r ap�Vlc- W. W ZIP-22M ---- Crit. Hab. Yes
Phone # (—) — River Basin __p j �% _— photos ® No
yy� /tpen /unkn)- Waiver Required Ye
99
Adj. Wtr. Body �-f7`) ilj Uu-�L�� nnI---ram In DWQ Butter Area Yes (�
Closest Maj. Wtr. Body R•Z-'P JVO�L r-SRfin1T Specify DWQ Buffer If applicable:
Restoration Extension Granted Yes No
NOV Date 1`-+- i fi Initial Req. Comp. Date Restoration Letter m f p
CNOV Date -_ _ Date Comp. Observed __---
Penalty Assessment r— 71.0409 Ref.
App./Permit Fee
Sent to Respondent Date 67 05 penalty
Rcvd by DCM Date v ---
Willful/Intent.
Assessment Extended Yes No —
Continuing
�?EY1n�N� Other
Total -
Acceptance Date
Recomm. Assess. I DCM Assess.

Formal Assessments, Appeals and Reductions
Date Long Form Submitted
Date Formal CPA Submitted
Final Assessment
Attorney General's Office for Injunction or Formal Collection
Date sent to AG.
Assessment Appealed Yes No
❑ Penalty modified
❑ Respondant not responsive to penalty/NOV ❑ Injunction to complete restoration
Date Collection Let. Sent Date Demand Let. Sent
Violation Activities and Impacts
AECs Affected: ' Wetlands Impacted? Yes / If yes, which types:
CW (tvy PTS No
OEA HE .IH.,.. - SA DS CI SY •... A LS TY
- 0
PWS: FC:
Other:
Restoration Required by the Respondent Yes /
Dimensions In excess Dimensions to restore Final dimensions
ofpermft/unauthorizedacdvities allowed Actually restored
Development Activities
Habitat Descriptlon
NOTES:
Closing ``�qq
Payment Received $_—..._ � 0-0 _— Date._ '2 S oc Date Case Closed 7/� `j /� s
5Y 3- CRt

©�� i-11
t 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
July 6, 2005
CERTIFIED MAIL
RETURN RECEIPT REQUESTED
Mrs. Mae Lunden and Mr. Bob Lunden
P.O. Box 3497
Kill Devil Hills, NC 27948 JUL 12 2005
RE: CAMA VIOLATION #05-14A
Morehead City DCM
Dear Mr. and Mrs. Lunden:
This letter is in reference to the Notice of Violation dated July 6, 2005 that Mr. John Cece, representative for the
Division of Coastal Management, issued to you for installing bulkhead pilings at 1293 Colington Road, Dare
County. The violation involved Estuarine Waters, Public Trust Areas, and Estuarine Shorelines, which are
Areas 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 Resources Commission, a proposed civil penalty in the amount of $200 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 $200 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: [phone] FAX: [phone] Internet: www.nccoastaimanagement.net
An Equal Opportunity 1 Affirmative Action Employer — 50% Recycled 110% Post Consumer Paper

Mrs. Mae Lunden and Mr. Bob Lunden
July 6, 2005
Page 2 of 3
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 [phone],
Sincerely,
rsonTed Sam
District Manager
Northeast District
Enclosures
cc: Ted Tyndall, Assistant Director, NC Division of Coastal Management (DCM), Morehead City
Roy Brownlow, Compliance Coordinator, DCM, Morehead City
John Cece, Coastal Management Representative, DCM, Elizabeth City

Mrs. Mae Lunden and Mr. Bob Lunden
July 6, 2005
Page 3 of 3
1
CAMA VIOLATION #05.14A
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 $200 against me for violation of the Coastal Area Management
Act, NCGS 113A-100 et seq, committed on or near my property 1293 Colington Road 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 July 6, 2005 and agree to pay the proposed civil
assessment of $200.
DATE
SIGNATURE
ADDRESS
TELEPHONE NUMBER

A i�l
r
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
Mrs. Mae Lunden and Mr. Bob Lunden
P.O. Box 3497
Kill Devil Hills, NC 27948
NOTICE OF VIOLATION (i�" g�
July 6, 2005 lj l �
Z).Q,5C 09 JUL 1 2 2005
N Wt,-Y Aorehead City DCM
r
RE:NOTICE OF VIOLATION AND REQ�
CAMA VIOLATION #05-14A
Dear Mr. and Mrs. Lunden
i
�7ED DEVELOPMENT
This letter confirms that on June 24, 2005 J( �` e� C tl Management Field
Representative), Robert Midgett (Contractor) and i were onsite at your
property located at 1293 Colington Road adjacent tc �� tear Kill Devil Hills, off
Colington Road, Dare County, North Carolina. The estigate unauthorized
installation of a bulkhead within the Colington Creep ;ece met Mr. Midgett,
your contractor, onsite on May 27, 2005 to collect dat Coastal Management
General Permit but Mr. Midgett had not yet obtained < sign-offs/statements,
so the permit could not be issued.
Information gathered by me for the Division of Coastal Management indicates that you have 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 (AEC) without first obtaining a permit
from the North Carolina Department of Environment and Natural Resources. This requirement is imposed
by North Carolina General Statute (N.C.G.S.) 11 3A-1 18.
I have information that indicates you have undertaken or are legally responsible for installing bulkhead
pilings on the aforementioned property. This activity took place in Estuarine Waters, Public Trust Areas,
and Estuarine Shorelines that are contiguous with the Colington Creek, Estuarine Waters, Public Trust
Areas, and Estuarine Shorelines are designated as Areas 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.
1367 U.S. 17 South, Elizabeth City, North Carolina 27909
Phone: [phone] \ FAX: [phone] \ Internet: www.nccoastalmanagement.net
An Equal Opportunity \ Affirmative Action Employer— 50% Recycled \ 10% Post Consumer Paper

Mrs. Mae Lunden and Mr. Bob Lunden
July 6, 2005
Page 2 of 2
I request that you immediately CEASE AND DESIST any further unauthorized activities within designated
Areas of Environmental Concern, A civil assessment of up to $2,500 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 up to $2,500. An injunction or criminal penalty may
also besought to enforce any violation (N.C.G.S.113A-126),
It is the policy of the Coastal Resources Commission to levy a minimum civil assessment of $200 not to
exceed $2,500 against all violations. This is done to recoup some of the costs of investigating violations
and/or to compensate the public for any damage to its natural resources. Whether a higher amount will be
assessed depends on several factors, including the nature and area of the resources that were affected
and the extent of the damage to them.
You are also in violation of the State's Dredge and Fill Law 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 pursuant to N.C.G.S, 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 in accordance with N.C.G.S.113-229.
Based upon review of the Coastal Area Management Act, Coastal Resources Commission's rules, and the
local jurisdiction's Land Use Plan, the activity you have undertaken appears consistent with the guidelines
for Areas of Environmental Concern. Therefore, restoration of the impacted area is not requested at this
time.
Thank you for your time and cooperation in resolving this important matter. If you have any questions
about this or related matters, please call me at 252-264-3901. Upon my submission of an enforcement
report to the District Manager, you will be notified as to the amount of a civil assessment for undertaking
development without first obtaining the proper permit(s).
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 REQUEST TO CEASE AND DESIST has been complied with. I request that you
contact me immediately about these important matters.
Sincerely,
John Cece
Coastal Management Representative
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