04-20D Johnson

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FROM: IVi. TED A C ....
r TYi�DAi.L, I.I)FIt-I JR
r�IMECT: VIOLATION CASE CLOSUR-RECONINIENDA T iONS
DATE: 02/01/2012
CC: RONDASENNETT
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.: 0' f_ �O-0
1
M. TED TYNDALL. Assistant Director
02/01/2012
Date

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NOTICE OF VIOLATION
August 20, 2004
CERTIFIED MAIL
RETURN RECEIPT REQUESTED
Dennis Johnson
455 East Third Street
Ocean Isle Beach, NC 28469
H" Z .I 2004
Morehead City DCM
RE: NOTICE OF VIOLATIONAND REQUEST TO CEASE UNAUTHORIZED DEVELOPMENT
CAMA MINOR VIOLATION #04-20-D
Dear Mr. Johnson:
This letter is in reference to our August 9, 2004 meeting onsite 490 and 494 East Third Street, nearthe Atlantic
Ocean, in Ocean Isle Beach in Brunswick County, North Carolina. The purpose of the onsite meeting was to
investigate unauthorized development on the aforementioned properties. This letter also references a Board of
Commissioners meeting on June 8, 2004 where you were informed that imminently threatened structures were
exempt from permitting requirements for the construction of protective dunes. You were also informed that
properties without structures or with structures that were not imminently threatened were subject to the
permitting requirements of the Coastal Area Management Act for the construction and/or repair of sand dunes.
Information gathered by the Local Permit Officer and/or the NC Division of Coastal Management indicates that
your actions as contractor for Steve Miller are in violation of the Coastal Area Management Act (CAMA). No
person may undertake minor development in a designated Area of Environmental Concern (AEC) without first
obtaining a permit from the North Carolina Department of Environment and Natural Resources pursuant to the
North Carolina General Statutes (N.C.G.S.) 113A-118.
I have information that indicates you have undertaken or are legally responsible for placing sand on the Kinsley
and Williamson properties. This activity took place within the Ocean Erodible and Inlet Hazard Area that are
contiguous with the Atlantic Ocean. The Ocean Erodible and Inlet Hazard 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.
OF OCEAN ISLE BEACH/THREE WEST THIRD STREET/OCEAN ISLE BEACH, NC 28469/(910)

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I request that you immediately CEASE AND DESIST any further development and contact me about this
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 Resources Commission to assess a minimum civil penalty $50.00 against all
violations. 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 that were affected and the extent of the damage
to them. — —--_---------
Based upon the North Carolina Administrative Code, Title 15A, Subchapter 710409(f)(5) fl(ii), the policy Of tie
Coastal Resources Commission is to levy a civil assessment against contractors in addition to that assessed
against the landowner. Therefore, since this is your first Notice of CAMA Violation in the same Area(s) of
\\ Environmental Concern, you should expect a civil assessment to be levied against you.
-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 TO CEASE AND DESIST has been complied with. I request that you contact me
immediately about these important matters.
Sincerely, Received by: (Print)
Signature:
Justin Whiteside
Local Permit Officer
Town of Ocean Isle Beach
cc: Ted Tyndall, Assistant Director, DCM
Jim Gregson, District Manager, DCM
Roy Brownlow, Compliance Coordinator, DCM
Matthew Godfrey, NCWRC

02-Sep-04 NC DIVISION OF COASTAL MANAGEMENT ENFORCEMENT RECORD
CASE STATUS
CASE NUMBER LAST NAME FIRST NAME BUSINESS NAME:
-I 04-20D JOHNSON DENNIS
CASE IS CLOSED
NOV DATE CLOSURE DATE AFFLILIATION SECTOR Previous Violations in Same AEC
CONTRACTOR COMMERCIAL [-]for $IRlllar ACiIVIt10S
8I20/2004
MAILING ADDRESS
CITY STATE
ZIP CODE PHONE NUMBER
455 EAST THIRD STREET
EAN ISLE BE NC OC
26469-
PROPERTY ADDRESS
COMMUNITY
WATERBODY NEAREST ROAD
490 & 494 EAST THIRD STR
OCEAN ISLE BE
ATLANTIC OCEA
DISTRICT OFFICE COUNTY DCM REPRESENTATIVE LPO CONTACT
WIRO BRUNSWICK GREGSON J. WHITESIDE
VIOLATION TYPE
MINOR CAMA AEC TYPE OH, IHA
NATURE OF VIOLATION
development by placing/filling sand on exposed sandbags within the Ocean Erodible and Inlet
Hazard AECs.
- RESTORATION STATUS --------------- ------------------ RESTORATION REQUEST DATE COMPLETION DATE
RESTORATION NOT REQUIRED - CONTRACTOR
-RESTORATION EXTENDED RESTORE DATE
RESTORATION NOT REQUIRED - PERMITTABLE DEVELOPMENT--' DEADLINE
RESTORATION NOT REQUIRED - FURTHER IMPACTS EXTENDED ",�°'."_`_`���
—❑ RESTORATION PENDING ❑ REFERRED TO AG'S OFFICE - COLLECTION -
-___ _____ . _.__ __.... ______.. _- ❑ REFERRED TO AG'S OFFICE - INJUNCTION
ASSESSMENT DATE PENALTY AMOUNT COLLECTION DATE AMOUNT COLLECTED
(- PENALTY STATUS ---
Ll PENALTY ISSUED
❑ PENALTY NOT ISSUED WILLFUL INTENTIONAL PENALTY (MIN. OR DOUBLED) ❑ CNOV ISSUED
❑ CONRACTOR'S FIRST OFFENSE SETTLED, AGREED UPON, OR STIPULATED PENALTY --j PENALTY APPEALED
I 1 UNCOLLECTIBLE PENALTY ❑ FORMAL CPA ISSUED
Violations Involving Adversely Impacted Resources
AMOUNT OF ADVERSELY DISTURBED AREA (SO. FT.)
AMOUNT OF RESTORED AREA (SQ. FT) F_
NOTES
(and Williamson - see 04-19D) is contractor for Steve Miller.