04-12A Higgins

CAMA VIOLATION #04.12A
Edward and Helene Higgins
AGREEMENT TO PAY PROPOSED CIVIL ASSESSMENT
I understand that the staff of the Department of Environment and Natural Resources have proposed the
assessment of a civil penalty in the amount of $50 against me for violation of the -Coastal Area
Management Act, NCGS 113A-100 et se , committed on or near my property at 4615 North Virginia Dare
Trail, Kitty Hawk, 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 June 16, 2004, and agree to pay the proposed civil assessment of $50.
DATE
SIGNATURE
ADDRESS
TELEPHONE NUMBER

14 CAMA VIOLATION #04.12A
2O0 Edward and Helene Higgins
Morehead City ' AGREEMENT TO PAY PROPOSED CIVIL ASSESSMENT
001
I understand that the staff of the Department of Environment and Natural Resources have proposed the
assessment of a civil penalty in the amount of $50 against me for violation of the Coastal Area
Management Act, NCGS 113A-100 et sec, committed on or near my property at 4615 North Virginia Dare
Trail, Kitty Hawk, 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 June 16, 2004, and agree to pay the proposed civil assessment of $50.
DATE
TELEPHONE NUMBER
b
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Mr, and Mrs. Edward Higgins
23851 Seward Road
Ridgely, MD 21660
ICDENR
of Environment and Natural Resources
`Coastal Management
is S. Jones, Director William G. Ross Jr., Secretary
September 10, 2004
RE. NOTICE OF VIOLATION #04.12A; Assessment and Payment of Proposed Penalty
Dear Mr. and Mrs. Higgins:
This letter is in reference to the Notice of Violation dated June 16, 2004, that Tony Zaharias, representative
for the Division of Coastal Management, issued to you for the installation of nonconforming sand fencing on
your property located at 4615 North Virginia Dare Trail, Kitty Hawk, Dare County, This violation involved
the Ocean Hazard Area, which is an Area of Environmental Concern (AEC) designated by the Coastal
Resources Commission.
Based upon the site visit conducted by Dennis Hawthorn on September 2, 2004, the restoration requested
appears to be complete to the satisfaction of the Division of Coastal Management.
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 to compensate the public for
any damage to its natural resources.
Under the rules of the Coastal Resource Commission, a proposed civil penalty in the amount of $50 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 $50 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.
This letter serves to acknowledge that our office has received your Check #174, in the amount of $50,
dated June 25, 2004. However, in order to complete our records regarding this Notice of Violation, we
must receive a signed copy of the enclosed "Agreement to Pay Civil Assessment" form,
1367 U.S. 17 South, Elizabeth City, North Carolina 27909
Phone: [phone] FAX: [phone] Internet: [e-mail]
An Equal Opportunity 1 Affirmative Action Employer — 30% Recycled by Fiber Weight

Mr, and Mrs. Edward Higgins
NOV #04-12A
September 10, 2004
Page 2
Once the amount of your check is credited to the Department of Environment and Natural Resources'
account, this matter will be fully and completely closed, If you have any questions, please do not hesitate
to contact me at [phone].
Thank you for your time and cooperation in resolving this important matter.
Sincerely,
'Ted Sampon
District Manager
TSlyc
Enclosures: Agreement and envelope
cc, Ted Tyndall, Assistant Director, Division of Coastal Management, Morehead City, NC
Roy Brownlow, Compliance Coordinator, Division of Coastal Management, Morehead City, NC
Dennis Hawthorn, Field Representative, Division of Coastal Management, Elizabeth City, NC

imap://Tammy.Bunting%40dcm [e-mail]:143/...
Subject: Re: Higgins follow up
From: "dennis hawthorn" <[e-mail]>
Date: Wed, 25 Aug 2004 07:48:03 -0400
To: "Yvonne Carver" <[e-mail]>
yvonne, i have scheduled sept 2nd to check the sandfence for higgins, dh
----- Original Message -----
From: Yvonne Carver <[e-mail]>
To: dennis hawthorn <[e-mail]>
Sent: Tuesday, August 24, 2004 3:47 PM
Subject: Higgins follow up
Dennis,
Have you had a chance to check the site of Edward and Helene Higgins,
property location 4615 N. Va. Dare Trail, Kitty Hawk.
They were supposed to taken down the sand fencing when they were down on
8/14.
We need to do a follow-up letter based on whether it will be a
continuing violation, or if restored, close/assessment letter.
Let me know ... Thanks.
Yvonne
IMPORTANT MESSAGE
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8/25/2004 9:00 AM

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PIMA
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 20, 2004
Edward and Helene Higgins
23851 Seward Rd
Ridgely, MD 21660
RE: Payment of Proposed Penalty for Violations of the Coastal
CAMA Violation #04-I2A
Dear Edward and Helene Higgins:
Management Act,
This letter will acknowledge receipt of your Check #174, in the amount of $50, and dated June
25, 2004. 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 [phone].
Sincerely,
��
ed Sampson
District Manager
cc: Ted Tyndall, Assistant Director, Division of Coastal Management
Roy Brownlow, Compliance Coordinator, Division of Coastal Management
1367 U.S. 17 South, Elizabeth City, North Carolina 27909
Phone: [phone] \ FAX: [phone] \ Internet: www.nccoastalmanagement.net
An Equal Opportunity \ Affirmative Action Employer —30% Recycled by Fiber Weight

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Ridgely, MD 21660
NCDENR
nt of Environment and Natural Resources
of Coastal Management
rles S. Jones, Director William G. Ross Jr., Secretary
ICE OF VIOLATION
June 16, 2004
RE: NOTICE OF VIOLATION; CAMA VIOLATION #04-12A
Dear Edward and Helene Higgins:
On June 15, 2004, a representative of the Division of Coastal Management (DCM) was onsite at
your property located at 4615 North Virginia Dare Trail, adjacent to the Atlantic Ocean,
located in or near Kitty Hawk, in Dare County, North Carolina. The purpose of the visit was to
investigate the installation of nonconforming sand fencing on your lot within the Ocean Hazard
Area, which is an Area of Environmental Concern (AEC) designated by the Coastal Resources
Commission.
No person may undertake development in a designated Area of Environmental Concern without
first obtaining a permit from the North Carolina Department of Environment and Natural
Resources, in accordance with North Carolina General Statutes (N.C.G.S:) 113A-118. Sand
fencing is exempt from permitting requirements if installed in accordance with 15A NCAC 07K
.0212.
I have observed that you have undertaken, or are legally responsible for, minor development by
installing sand fencing parallel to the shoreline waterward of the crest of the frontal or
primary dune. This activity took place within the Ocean Hazard Area that is contiguous with
the Atlantic Ocean, which is an Area 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 (LAMA).
It is the policy of the Coastal Resources Commission to assess a minimum civil penalty of $50
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.
1367 U.S.17 South, Elizabeth City, North Carolina 27909
Phone: [phone] \ FAX: [phone] \ Internet: www.nccoastalmanagement.net
An Equal Opportunity \ Affirmative Action Employer-30% Recycled by Fiber Weight

Edward and Helene Higgins
June 16, 2004
Page 2
The activity undertaken has been found to be inconsistent with the Division's standards and
would not have been permitted. The enclosed Restoration Plan describes the action necessary to
bring this project into compliance with the Act.
If you intend to cooperate with my request, sign the attached Restoration Agreement and return it
to me in the enclosed, self-addressed envelope within ten (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.
Thank you for your time and cooperation in resolving this important matter. Upon completion of
the restoration, as requested in the Restoration Plan Agreement, to the satisfaction of the
Division of Coastal Management, you will be notified as to the amount of a civil assessment for
undertaking development without first obtaining the proper permit(s) or exemption certificate.
Sincerely,
--7 "
Tony Zaharias
Coastal Management Field Representative
Enclosure: Restoration Plan
cc: Ted Tyndall, Assistant Director, Division of Coastal Management
Roy Brownlow, Compliance Coordinator, Division of Coastal Management
Ted Sampson, District Manager, Division of Coastal Management

Nf e
��
�p NCDENR
North Carolina Department of Environment and Natural
Division of Coastal Management
Michael F. Easley, Governor Charles S. Jones, Director
RESTORATION PLAN
For
Edward and Helene Higgins
CAMA Minor Violation #04-12A
Resources
William G. Ross Jr., Secretary
Property located at 4615 N. Virginia Dare Trail, Kitty Hawk, Dare County
Sand fencing must meet the conditions listed below in accordance with 15A NCAC 07K .0212,
or be removed.
• Installation and Maintenance of Sand Fencing — Sand fences that are installed and maintained
in accordance with the following criteria are exempt from CAMA permit requirements:
•The fencing must be no taller than 5 feet and built from evenly spaced thin wooden
vertical slats connected with twisted wire.
•The fencing must be placed as far landward as possible to avoid interference with
sea turtle nesting, public access and use of the beach. It must not be placed on
the wet -sand beach.
elf fencing is to be placed parallel to the shoreline, it must not be located waterward
of the crest of the frontal or primary dune.
elf fencing is to be placed waterward of the crest of the dune, it must be installed at a
45-degree or greater angle to the shoreline. Each section of fence must not be
longer than 10 feet, and sections must be spaced at least 7 feet apart.
•Fencing must not extend more than 10 feet beyond either the first line of stable
natural vegetation, the toe of the frontal or primary dune, or the erosion
escarpment of the dune, whichever is closest to the water.
We, Edward and Helene Higgins, agree to complete this restoration to the satisfaction of the
Division of Coastal Management by June 28, 2004, 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 and higher against all violations of
this type depending upon the damage to the resources. If restoration Is not undertaken or satisfactorily completed, a substantially
higher civil assessment will be levied and an injunction sought to require restoration.
. 1367 U.S. 17 South, Elizabeth City, North Carolina 27909
Phone: [phone] \ FAX: [phone] \ Internet: www.nccoastalmanagemerit.net
An Equal Opportunity \ Affirmative Action Employer-30% Recycled by Fiber Weight

DCM ENFORCEMENT TRACKING REPORT
Issuer y /a
Field Rep. ��� t/ Zak r� �� 19 Violation Base No. A B C D
LPO ❑
Violated Permit No.
LP1 (if applicable)
Was activity permittable? Yes / No
Violation Description 7
l S O i Ar � V"
Initial Discovery Date �
Discovery Method (
Violation Description -
Prior Violations in same AEC: Yes
Respondent Name(s)
`t Se-L..)ar,. � •
City State
`r'f Zi P
/66c,
Address— 3g5 I
Fax #
Phone #
Email
Project Type: Authorizations Required:
Site Visits Respondent
Site Visits
Respondent
Present
Violation Type:
No Permit LI �L Private/Community . ❑ Major
CAMA
Present
6 oy ❑
❑
11-3 Permit Condition ❑ Govt.IPubllc ,® Minor
❑ D&F
El
❑ Expired Permit ❑ Commercial, ❑ General
❑
_ ❑
❑ inconsistent wl Rules
Violation Location and Site Description
Rover File
Project Location: County
Shoreline Length
Yes
�a
Street Address/ State Road/ Lot #(s) /��� A/ f,:au
SAV: Not Sure
Yes
tso
Sandbags: Not sure
PNA:
Yes
(a
Adjacent
Subdivislon, --
ORW:
yesoo
Adjacent
City— �f / ��i wlt ZIP___g_ i9
Crit.Hab.
Ye
f—�—�—
Phone # (—.) -- River Basin _—__---
Photos
Required
Yes
Yes
No
No
Adj. Wtr, Body �r�ar fl'� 6CFe2n alamanluols�—
Waiver
In DWQ Buffer Area
Yes
No
Closest Maj. Wtr. Body-- �/ �Q rr �=� c P�
Specify DWQ Buffer if applicable:
Restoration
Extension Granted
Yes No
NOV Date & /6L-6—A/__ Initial Req. Comp. Date Restoration Letter.
CNOV Date —_- Date Comp. Observed Acceptance Date
71.0409 R{2ecomm. A— CM Assess,
Penalty Assessment — —
I App./Permit Fee
g $
Sent to Respondent Date _-___— Penalty — is $ ---
Rcvd by DCM Date --- --' —Pg $
Willfulllntent. _—
Assessment Extended Yes No I Continuing is $
1 -- ' _ g — —�
1 Other 1 g I -----
L — — S D
Total
! — ------

Formal Assessments, Appeals and Reductions
Date Long Form Submitted Assessment Appealed Yes No
Date Formal CPA Submitted.
❑ Penalty modified
Final Assessment $ pate
Attorney General's Office for Injunction or Formal Collection
Date sent to AG. ❑ Respandant 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 / No If yes, which.types:
CW EW PTA ES PTS
OEA HHF IH SA DSCJ SY • JR LS TY.
PWS: FC: SS SC SP IF BF 404
Other:
Restoration Required by the Respondent Yes / No
Dimensions in excess Dimensions to restore Final dimensions
ofpermlt/unauthorizedacdvities allowed Actually restored
Development Activities '
Habitat Description
NOTES:
Closing
Payment Received $____.__—_—_._._.___Date._—__ Date Case Closed

M
AIPA.
NCDENR
North Carolina Department of Environment and Natural
Division of Coastal Management
Michael F. Easley, Governor Charles S. Jones, Director
110
CERTIFIED MAIL
RETURN RECEIPT REQUESTED
Resources
William G. Ross Jr., Secretary
Morehead City DCM
Mr. and Mrs. Edward Higgins
23651 Seward Road
Ridgely, MD 21660
September 10, 2004
RE: NOTICE OF VIOLATION #04-12A; Assessment and Payment of Proposed Penalty
Dear Mr. and Mrs. Higgins:
This letter is in reference to the Notice of Violation dated June 16, 2004, that Tony Zaharias, representative
for the Division of Coastal Management, issued to you for the installation of nonconforming sand fencing on
your property located at 4615 North Virginia Dare Trail, Kitty Hawk, Dare County. This violation involved
the Ocean Hazard Area, which is an Area of Environmental Concern (AEC) designated by the Coastal
Resources Commission.
Based upon the site visit conducted by Dennis Hawthorn on September 2, 2004, the restoration requested
appears to be complete to the satisfaction of the Division of Coastal Management.
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 to compensate the public for
any damage to its natural resources.
Under the rules of the Coastal Resource Commission, a proposed civil penalty in the amount of $50 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 $50 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.
This letter serves to acknowledge that our office has received your Check #174, in the amount of $50,
dated June 25, 2004. However, in order to complete our records regarding this Notice of Violation, we
must receive a signed copy of the enclosed "Agreement to Pay Civil Assessment" form.
1367 U.S.17 South, Elizabeth City, North Carolina 27909
Phone: [phone] FAX [phone] Internet: www.nocoastaimanagement.net
An Equal Opportunity 1 Affirmative Action Employer —30% Recycled by Fiber Weight

Mr. and Mrs. Edward Higgins
NOV #04-12A
September 10, 2004
Page 2
Once the amount of your check is credited to the Department of Environment and Natural Resources'
account, this matter will be fully and completely closed. If you have any questions, please do not hesitate
to contact me at [phone].
Thank you for your time and cooperation in resolving this important matter.
Sincerely,
'`fed Samtad8on
District Manager
TSlyc
Enclosures: Agreement and envelope
cc: Ted Tyndall, Assistant Director, Division of Coastal Management, Morehead City, NC
Roy Brownlow, Compliance Coordinator, Division of Coastal Management, Morehead City, NC
Dennis Hawthorn, Field Representative, Division of Coastal Management, Elizabeth City, NC

i
CAMA VIOLATION #04.12A
Edward and Helene Higgins
AGREEMENT TO PAY PROPOSED CIVIL ASSESSMENT
I understand that the staff of the Department of Environment and Natural Resources have proposed the
assessment of a civil penalty in the amount of $50 against me for violation of the Coastal Area
Management Act, NCGS 113A-100 et sec, committed on or near my property at 4615 North Virginia Dare
Trail, Kitty Hawk, 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 June 16, 2004, and agree to pay the proposed civil assessment of $50.
DATE
SIGNATURE
ADDRESS
TELEPHONE NUMBER

04-Oct-04 NC DIVISION OF COASTAL MANAGEMENT ENFORCEMENT RECORD
CASE STATUS ------ CASE NUMBER LAST NAME
FIRST NAME BUSINESS NAME:
�04-12A IHIGGINS EDWARD
• CASE IS CLOSED
AFFULIATION SECTOR
NOV DATE CLOSURE DATE Previous Violations in Same AEC
PROPERTY OWNE PRIVATE
6/fs/20o4 •. i i�• for Similar Activities
MAILING ADDRESS CITY STATE ZIP CODE PHONE NUMBER
23851 SEWARD ROAD RIDGELY MD 21660- 1
PROPERTY ADDRESS COMMUNITY WATERBODY NEAREST ROAD
4615 N. VIRGINIA DARE TR KITTY HAWK ATLANTIC OCEA F—
DISTRICT OFFICE COUNTY DCM REPRESENTATIVE LPO CONTACT
ECDO DARE IZAHARIAS I
VIOLATION TYPE
MINOR CAMA AEC TYPE OE
NATURE OF VIOLATION
lorizea minor ae,
or primary dune.
RESTORATION STATUS -
J
RESTORATION NOT REQUIRED - CONTRACTOR
parallel to the shoreline waterward of the crest of the
RESTORATION NOT REQUIRED - PERMITTABLE DEVELOPMENT
RESTORATION NOT REQUIRED -FURTHER IMPACTS
RESTORATION PENDING
RESTORATION REQUEST DATE
COMPLETION DATE
6/28/2004
9/2/2004
❑ RESTORATION EXTENDED RESTORE DATE
DEADLINE
EXTENDED
❑ REFERRED TO AG'S OFFICE - COLLECTION
❑ REFERRED TO AG'S OFFICE - INJUNCTION
ASSESSMENT DATE PENALTY AMOUNT COLLECTION DATE AMOUNT COLLECTED
PENALTY STATUS ----
9/10/2004 $50 9/10/2004 $50
© PENALTY ISSUED
❑ PENALTY NOT ISSUED WILLFUL INTENTIONAL PENALTY (MIN. OR DOUBLED) CNOV ISSUED
❑ CONRACTOR'S FIRST OFFENSE SETTLED, AGREED UPON, OR STIPULATED PENALTY PENALTY APPEALED
_ UNCOLLECTIBLE PENALTY F_ FORMAL CPA ISSUED
Violations Involving Adversely Impacted Resources
AMOUNT OF ADVERSELY DISTURBED AREA (SO. FT.)
AMOUNT OF RESTORED AREA (SO. FT)
NOTES