05-05A Stone

FILE MEMORANDUM
TO: ROY BROWNLOW, COMPLIANCE COORDINATOR
FROM: M. TED TYNDALL, ASST. DIRECTOR
SUBJECT: VIOLATION CASE CLOSURE RECOMMENDATIONS
DATE: 02/01/2012
CC: RONDA BENNETT
Investigation has disclosed information that warrants discontinuation of enforcement action on
the case listed below. Therefore, based upon staffs review and circumstances in this case, I
hereby authorize closing/discontinuing CAMA Violation case No.: 05 -- 05 A
�, P. % 02/01/2012
M. TED TYNDALL. Assistant Director Date

M
POST OFFICE Box 549
101 VETERANS MEMORIAL DRIVE
KITTY HAWK, NC 27949
Code Enforcement/CAMA LPO
Elmer H. Stone
7311 Osborne Turnpike
Richmond, VA 23231
I�
PHONE [phone]
FAx [phone]
W W W.TOW NOFKITTYHAW K.ORG
E-MAIL: INFO@TOW NOFKITTYHAWK.ORG
NOTICE OF VIOLATION
March 16, 2005
RE: NOTICE OF VIOLATION AND REQUEST TO CEASE UNAUTHORIZED
nv.vr..i.OPMFNT LAMA MiNnR VIOLATION 004-002
DC,t,� - # ©S-Osq
Dear Mr. Stone:
This letter confirms that on March 11, 2005 I visited the residence located at 5107 N.
VA Dare Trail adjacent to the Atlantic Ocean. In addition a North Carolina Division of
Coastal Management representative visited the site on March 9, 2005. The purpose of the
visit was to investigate a complaint of an illegal/improper dune push that had occurred during
the time period of March 5-6, 2005.
Information gathered by me shows that you have undertaken minor development in
violation of the Coastal Area Management Act. 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-118.
I have information that you have undertaken, or are legally responsible for, minor
development by placing a dune that is not contiguous with other dunes and the natural dune
ridges as outlined in Section 15A NCAC 07H.0308 Specific Use Standards for Ocean
Hazard Areas. In addition, you are in violation of the conditions of the Exemption Permit
that was issued by this office as outlined under section 15A NCAC 071CO103 Maintenance
and Repair for Beach Bulldozing, which states that the activity must not exceed the lateral
bounds of the applicants property, maintain 1 foot of depth or less with the machinery, no
movement of material below the low water line, and the activity shall not increase erosion of
neighboring properties. This activity took place in the Ocean Hazard AEC that is contiguous
with the Atlantic Ocean. Ocean Hazard

POST OFFICE Box 549
101 VETERANS MEMORIAL DRIVE
KITTY HAWK, NC 27949
PHONE [phone]
FAx [phone]
W W W .TO W NOFKITTYHAW K.ORG
E-MAIL: INFO@TO W NOFKITTYHAW K.ORG
Areas are designated as Areas of Environmental Concern. 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 development
and contact me about this important matter. A Civil assessment of up to $250 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 $250. An injunction or criminal penalty may also be sought to enforce any
violation in accordance with N.C.G.S. 113A-126.
It is the policy of the Coastal Resource Commission to assess a minimum civil penalty
of $50.00 against all violations of this type. 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. If
restoration of the affected resources is requested, but is not undertaken or completed
satisfactorily, a substantially higher civil penalty will be assessed and a court injunction will
be sought ordering 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 has been complied with. I request
that you contact me immediately. I can be contacted at the Kitty Hawk Town Hall located
at 101 Veterans Memorial Dr. or 261-3552.
Thank you for your time and cooperation in resolving this matter. 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 permits.
Sincerely,
/, / / -`
Stephen Smith
CAMA LPO
Town of Kitty Hawk
Cc: Ed Brooks, Minor Permit Coordinator, DCM
Ted Sampson, District Manager, DCM
Roy Brownlow, Compliance Coordinator, DCM

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t

POST OFFICE Box 549
101 VETERANS MEMORIAL DRIVE
KITTY HAWK, NC 27949
Code Enforcement/CAMA LPO
March 16, 2005
Elmer H. Stone
7311 Osborne Turnpike
Richmond, VA 23231
RE: Restoration Plan/Agreement
Dear Mr. Stone:
PHONE [phone]
Fax [phone]
WW W. TOWNOFKITTYHAWK.ORG
E-MAIL: INFO@a TOWNOFKITTYHAWK.ORG
Based upon the North Carolina Administrative Code, Title 15A, Subchapter 07H.
State Guidelines for Areas of Environmental Concern, the activity you have undertaken, by
placing an illegal/improper dune in the Ocean Hazard AEC, is not consistent with Section
15A NCAC 07H.0308 Specific Use Standards for Ocean Hazard Areas, which states
that within the Ocean Hazard Areas new Dune Establishment shall be aligned to the
greatest extent possible with existing adjacent dune ridges and shall be of the same general
configuration as adjacent natural dunes. In addition, you are in violation of the conditions
of the Exemption Permit that was issued by this office as outlined under section 15A
NCAC 071CO103 Maintenance and Repair for Beach Bulldozing, which states that the
activity must not exceed the lateral bounds of the applicants property, maintain 1 foot of
depth or less with the machinery, no movement of material below the low water line, and
the activity shall not increase erosion of neighboring properties. Therefore, I am
requesting that the dune closest to the Atlantic Ocean be removed and that area be returned
to its natural status in front of 5103 and 5107 N. VA Dare Trail be returned to its natural
status.
If you intend to cooperate with my request, please sign one of the attached
Restoration Agreements and return it to me at the Kitty Hawk Town Hall, 101 Veterans
Memorial Dr. or mail it to P.O. Box 549 Kitty Hawk, NC 27949 within (10) days of receipt
of this letter. Failure to comply with this request or respond back to this office prior to the
requested deadline with an acceptable schedule for compliance will be interpreted as a
refusal to cooperate and will result in a Notice of Continuing Violation, as well as a court
injunction being sought ordering compliance.
Sincerely,
Stephen Smith
CEO/CAMA LPO
Town of Kitty Hawk

POST OFFICE BOX 549
101 VETERANS MEMORIAL DRIVE
KITTY HAWK, NC 27949
PHONE [phone]
FAX [phone]
WWW.TOW NOFKITTYHAW K.ORG
E-MAIL: INFO@TO W NOFKITTYHAW K.ORG
RESTORATION PLAN
For
Elmer H. Stone Jr.
Property located at 5107 N. VA Dare Trail
(1) Remove the dune nearest to the Atlantic Ocean
(2) Return the entire area that was disturbed to its natural status.
I, Elmer H. Stone, agree to remove the dune nearest the Atlantic Ocean and return the
entire area to its natural status.
I agree to complete this restoration to the satisfaction of the Division of Coastal
Management by April 1, 2005 or provide an explanation for non-compliance and a
reasonable request for time extension.
SIGNATURE:
DATE:
It is the policy of the Coastal Resources Commission to levy a minimum civil assessment of $50.00 and higher against all
violations of this type depending upon the damage to the resources. lfrestoration is not undertaken or satisfactorily
completed, a substantially higher civil assessment will be levied and an injunction sought to require restoration.

POST OFFICE BOX 549
101 VETERANS MEMORIAL DRIVE
KITTY HAWK, NC 27949
A
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b I-1R
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Roy Brownlow
Compliance Coordinator, DCM
400 Commerce Avenue
Morehead City, NC 28557-3421
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22-Mar-05 NC DIVISION OF COASTAL MANAGEMENT ENFORCEMENT RECORD
CASE STATUS CASE NUMBER LAST NAME
-I FIRST NAME BUSINESS NAME:
05-05A ISTONE ELMER
CASE IS CLOSED
AFFLILIATION
SECTOR
Previous Violations in Same AEC
NOV DATE CLOSURE DATE
PROPERTY OWNE
PRIVATE
for $111111ar ACiIVIt1eS
3/16/2005 F_
MAILING ADDRESS CITY
STATE
ZIP CODE
PHONE NUMBER
7311 OSBORNE TURNPIKE RICHMOND VA 23231-
PROPERTY ADDRESS COMMUNITY WATERBODY NEAREST ROAD
5107 N. VIRGINIA DARE TR KITTY HAWK 1ATLANTIC OCEAN
DISTRICT OFFICE COUNTY DCM REPRESENTATIVE LPO CONTACT
ECDO DARE CECE S.SMITH
VIOLATION TYPE
MINOR CAMA AEC TYPE J OH
NATURE OF VIOLATION
uthorized minor development by beach bulldozing an
lateral bounds of the property.
RESTORATION STATUS ------------ ----------------
❑ RESTORATION NOT REQUIRED - CONTRACTOR
❑ PESTORATION NOT REQUIRED - PERMITTABLE DEVELOPMENT
[-],RESTORATION NOT REQUIRED - FURTHER IMPACTS
❑ RESTORATION PENDING
ne not contiguous with the natural dunes outside
RESTORATION REQUEST DATE COMPLETION DATE
4/1/2005 1.....�..�
❑ RESTORATION EXTENDED RESTORE DATE
DEADLINE F_
EXTENDED
REFERRED TO AG'S OFFICE - COLLECTION
_J REFERRED TO AG'S OFFICE - INJUNCTION
ASSESSMENT DATE PENALTY AMOUNT COLLECTION DATE AMOUNT COLLECTED
PENALTY STATUS
❑ PENALTY ISSUED
PENALTY NOT ISSUED ❑ WILLFUL INTENTIONAL PENALTY (MIN. OR DOUBLED) ❑ CNOV ISSUED
CONRACTOR'S FIRST OFFENSE L SETTLED, AGREED UPON, OR STIPULATED PENALTY ❑ PENALTY APPEALED
1 ) UNCOLLECTIBLE PENALTY ❑ FORMAL CPA ISSUED
Violations Involving Adversely Impacted Resources
AMOUNT OF ADVERSELY DISTURBED AREA (SO. FT.) i
AMOUNT OF RESTORED AREA (SQ. FT) I
NOTES
Stone has prior violation in
no. 04-10A) for placing a concrete driveway In the VH