08-39A Hilts

e�A
NCDENR
North Carolina Department of Environment and Natural Resources
Division of Coastal Management
Michael F. Easley, Governor James H. Gregson, Director William G. Ross Jr., Secretary
October 17, 2008 3 ZOO D
1;OCT 2 3 2008
Mr. Elwood Hilts
C/o Richard Hilts Morehead City DCM
413 Whitehat Road
Hertford, NC 27944
RE Payment of Proposed Penalty for Violations of the Coastal Area Management Act,
Dare County, CAMA Violation #08-39A
Dear Mr. Hilts:
This letter will acknowledge receipt of your cash payment, in the amount of $427, that was
received today, October 17, 2008. Once the amount 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
Elizabeth City office at 252.264.3901.
Sincerely,
7i� /7 - /( r-n--�e .
Frank A. Jennings, III
District Manager, Northeast District
FAJ/ybc
cc: M. Ted Tyndall, Assistant Director, DCM, Morehead City
Roy Brownlow, Compliance Coordinator, DCM, Morehead City
Lynn W. Mathis, Compliance & Enforcement Rep., DCM, Elizabeth City
1367 U.S. 17 South, Elizabeth City, North Carolina 27909
Phone: [phone] FAX: [phone] Internet: www.nccoastaimanagement.net
An Equal Opportunity 1 Af irmalive Action Employer — 50% Recycled 110% Post Consumer Paper

0
DIVISION OF COASTAL MANAGEMENT
1367 U.S.17 South
Elizabeth City, NC 27909
252-264-3901
CASH AMOUNT: $ $427.00
CHECK# AMOUNT: $
Payment for Hilts NOV 0839A, paid in full
Payment received by Yvonne Cary
Payment received from Richard Hilts
Date payment received 10/1712008

e��
NCDENR
North Carolina Department of Environment and Natural Resources
Division of Coastal Management
Michael F. Easley, Governor James H. Gregson, Director William G. Ross Jr., Secretary
September 19, 2008
SEP 2 4 2008
CERTIFIED MAIL ARTICLE NO.7008 0150 0001 0469 6005
RETURN RECEIPT REQUESTED Morehead City DCM
Elwood Hilts
C/o Richard Hilts
413 Whitehat Road
Hertford, NC 27944
RE. CAMA VIOLATION #08-39A
Dear Mr. Hilts:
This letter is in reference to the Notice of Violation dated September 18, 2008 that Holley Snider, Coastal
Management Representative for the Division of Coastal Management, issued to you for the development of
a pier at 52180 Mare Vista Drive, Frisco, Dare County. The violation involved Public Trust Area and
Estuarine Waters, 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 $10,000 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 $427 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 $427 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.nccoastalmanagement.net
An Equal Opportunity 1 Affirmative Action Employer - 50%" Recycled 110% Post Consumer Paper
0

Elwood Hilts
September 19, 2008
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,
/ / • l" S'-297
Frank A. Jennings II
District Manager
Division of Coastal Management
Enclosures
cc: M. Ted Tyndall, Assistant Director, DCM
Roy Brownlow, Compliance Coordinator, DCM
Lynn W. Mathis, District Compliance & Enforcement Representative, DCM
Holley Snider, Field Representative, DCM

Elwood Hilts
September 19, 2008
Page 3 of 3
CAMA VIOLATION #08.39A
RIM!
SE P l 4 2008
AGREEMENT TO PAY PROPOSED CIVIL ASSESSMEIWIOrehQ$a City DCN►
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 $427 against me for violation of the Coastal Area Management
Act, NCGS 113A-100 et sec , committed on or near my property 52180 Mare Vista Drive in Frisco, 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 September 18, 2008, and
agree to pay the proposed civil assessment of $427.
DATE
SIGNATURE
ADDRESS
TELEPHONE NUMBER

NCDENR
North Carolina Department of Environment and Natural Resources
Division of Coastal Management
Michael F. Easley, Governor James H. Gregson, Director William G. Ross Jr., secretary
NOTICE VIOLATION
September 18, 2008
CERTIFIED MAIL ARTICLE NO.7008 0150 0001 0469 6012 SEP 2 4
RETURN RECEIPT REQUESTED 2008
Elwood Hilts Morehead City DCM
C/o Richard Hilts
413 Whitehat Road
Hertford, NC 27943
RE: NOTICE OF VIOLATION AND REQUEST TO CEASE UNAUTHORIZED DEVELOPMENT ---
CAMA VIOLATION #08-39A
Dear Mr. Hilts:
This letter confirms that on September 17, 2008,1 was onsite at your property located at 52180 Mare Vista
Drive adjacent to a manmade canal located in or near Frisco, off NC 12 Highway, Dare County, North
Carolina. The purpose of the visit was to investigate unauthorized development of a pier within the
manmadecanalthat is contiguous with the Pamlico Sound.
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. North Carolina General
Statute (N:Cf.S )113A-118 imposes this requirement.
I have information that indicates you have undertaken or are legally responsible for the construction of a
pier on the aforementioned property. This activity took place in Public Trust Area and Estuarine Waters
that are contiguous with the Pamlico Sound. Public Trust Areas and Estuarine Waters areas 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.
I request that you immediately CEASE AND DESIST any further unauthorized activities within designated
Areas of Environmental Concern. A civil assessment of up to $10,000 may be assessed against any
violator. Investigative costs shall be in addition to any civil penalty assessed. 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 $10,000. An injunction or criminal penalty may also be sought
to enforce any violation (N.C.G.S. 113A-126).
1367 U.S. 17 South, Elizabeth City, North Carolina 27909
Phone: [phone] \ FAX: [phone] \ Internet: www.nccoastalmanagement.net

Elwood Hilts
September 15, 2008
Page 2
It is the policy of the Coastal Resources Commission to levy a civil assessment not to exceed $10,000, plus
investigative costs, against all violations of this type. 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. The
amount assessed depends on several factors, including the nature and area of the resources that were
affected and the extent of the damage to them.
Based upon review of the Coastal Area Management Act, Coastal Resource 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. This notice of violation does not alleviate the need to obtain the proper authorization from other local,
state and federal agencies for the pier construction. Please be advised that upon request, you must be
able to provide us proof that you have given your adjacent riparian property owner(s) notice of this
unauthorized development and provided them the opportunity to comment to the Division of Coastal
Management.
Should you be requested to provide this documentation, you must provide confirmation that a written
statement has been obtained, signed by the adjacent riparian property owners, indicating that they have no
objection to the completed work; or you must provide confirmation that the adjacent riparian property
owners have been notified by certified mail of the completed work. This notice shall instruct adjacent
property owners to provide any comments on the completed development in writing to this Division within
ten (10) days of receipt of the notice and shall indicate that no response from them will be interpreted as
not having any objection.
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 [phone]. 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.
4ingrely,l,nS e
Coastal Management Field Representative
Cc: M. Ted Tyndall, Assistant Director, DCM
Frank A. Jennings III, District Manager, DCM
Roy Brownlow, Compliance Coordinator, DCM
Lynn W. Mathis, District Compliance & Enforcement Representative, DCM
ENCLOSURE
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

DCM ENFORCEMENT
Issuer
FlelaReP . 0011ey°,,sl1iraL✓
LPO Co.4.�Sd.5
LPJ Jarz C
Initial Discovery Date
Violation Description
Discovery Method
jPc � AEI►J
TRACKING R© p /�qy
(J?y ity �l AA.
Violation Base No.
,—
—A-B C D
Violated Permit No.
(Ilapplluble)
ti:
Respondent Name(s) F-Iwood J. Neva l h*k I K!
Address ab) R&- ihi AS Une, _
a 1JELuUt-w",w1Lw�Il
Phone #�rCrJai� 3�� - J 1 15 Fax #
Violation Type:
Project Type:
Authorizations Required:
Site Visits Respondent
Site Visits Respondent
XNo Permit
Private/Community
❑ Major ❑ CAMA
/ 1 Present
Present
Permit Condition
Govt./Public
❑Minor ❑ D&F
1
❑ Expired Permit
Commercial
General
—
--
�; Inconsistent wl Rules
❑
❑
Violation Location and Site Description ' bg13'
T Rover File
Project Location: County Dan, r� Shoreline Length — Ur
Street Address/ State Road/ Lot #(s). 1.4i tr I3 _ SAV: Notsure Yes No
521$o Mare V&A, 'DOVI, Sandbags: Notsure Yes No
Subdivision Sfa Colons, 111t, _ -- PNA: Yes Adjacent
ORW: Yes Adjacent
���qr -- ZIP_ — Crit.Hab. Yes o
Phone # (�>Z) 37.11 " J f"ly _ River Basin— Photos Yes No
Adj. Wtf. Body_ unkn) Waiver Required es o
Closest Maj. Wtr. Body _ — — In DWQ Buffer Area Yes No
Specify DWQ Buffer if applicable: —_
Restoration
NOV Date Extension Granted Yes No
initial Req. Comp. Date N�fl ._—.
"1r111 P Restoration Letter ��--
CNOV Date __.—.._.....__.._ Date Comp. Observed ��_. Acceptance Date
Penalty Assessment 7J.0409 Ref. Recomm. Assess. DCM Assess.
Iq L� S
Sent to Respondent Date AppJPermit Fee S _.... _ Gl n
Rcvd. by Dist. Mgr. Date Penalty u S $ 6
___....
Assessment Extended Yes No Willful/Intent. $ $
Continuing S - _ $_
Other IY1Y(S s� �I $
Total..

. ,.
Formal Assessments, Appeals and Reductions
Date Long Form.Submitted Assessment Appealed Yes No
Date Formal CPA Submitted
❑ Penalty modified
Final Assessment. s Data
Attorney General's Office for Injunction or Formal Collection
Date sent to AG Respondent not responsive to penaRylNOV L J Injunction to complete restoration
Date Collection Let. Sent Date Demand Let. Sent
Violation Activities and Impacts
AECs Affected: Wetlands Impacted? Yes No If yes, which types:
CW ( PTA ES PTS
OEA" " HHF SA DS CJ SY- JR- TY
PWS: FC: SS SC SP IF BF 404
Restoration Required by the Respondent
vac J KIn QILYI (Yu�Irv�Ttr� 6N 44 W111mi(a
IRA
Dimensions in excess Dimensions to restore
of permit) unauthorized activities
as nfi -rb
cAm
Final dimensions
allowed
Actually restored
Development Activities
pity
rg
TAwin
I q u 7, rJvp
5
i
Habitat Description
I
Closing
Payment Received $ . I I Date Date Case Closed

NAME: N l I,TS El.v�oOD IVFUPr
FILE NO.: C/�S E NOTES
DATE
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TIME
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NOTES
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laze Vista, Frisco illegal dock
Subject: Mare Vista, Frisco illegal dock
From: "Tina ONeal" <[e-mail]>
Date: Thu, 4 Sep 2008 12:28:05 -0400
To: <[e-mail]>
CC: <I'[e-mail]>
Dear Holley,
I am sending you two pics of the dock. Hope this helps!!! If you need
anything else from me my cell # is 252-305-6526.
Thank you for your attention to this issue.
Sincerely,
Tina O'neal
Senior Associate Broker
Sun Realty, Avon NC
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I of 2 9/4/2008 1:17 PM

Aare Vista Frisco illegal dock
Subject: Mare Vista Frisco illegal dock
From: "Tina ONeal" <[e-mail]>
Date; Thu, 4 Sep 2008 12:28:10 -0400
To: <[e-mail]>
CC: <[e-mail]>
PJI!PW3WzB
SEN 2 4 7003
Morehead City DCM
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9/4/2008 1:18 PN

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