05-52D Jones

FILE NIEMORANDCM
TO: ROY BROWNLON/, COMPLIANCE COORSIN,ATOR
FROM: M. TED TYNDA.LL, ASST. DIRECTOR
SUBJECT: VIOLATION CASE CLOSURE RECOMMENDATIONS
DATE: 02/01/2012
CC: RONDA BENNETT
Investigation has disclosed infonnation 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 S_ trA--D
a-� /� 02/01/2012
M. TED TYNDAL ,Assistant Director Date

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TOWN OF SURF CITY
P. O. BOX 2475 214 N. NEW RIVER DRIVE SURF CITY, NC 28445
Telephone: [phone] Fax: [phone]
http://surfcity.govoffice.com
A. D. (Zander) Guy, Jr., Mayor
Nelva R. Albury, Mayor Pro -tern
Michael H. Curley, Council Member
CERTIFIED MAIL
RETURN RECEIPT REQUESTED
70041160 0001 1632 4475
NOTICE OF VIOLATION
10-11-05
John C. Jones LSBRB
1221 Westerham Drive
Wake Forest, NC 27587 a" RB
RE: NOTICE OF VIOLATION AND RT TO Gl �4
CAMA MINOR VIOLATION # 05-52D
Dear Mr. Jones:
Donald R. Helms, Council Member
Douglas C. Medlin, Council Member
William J. (Buddy) Fowler, Council Member
ail{i. .:o',�..., _.i �.r" J ✓'v:l
This letter confirms that on 09-28-05, Steve Padgett. Building Inspector/Local Permit Officer was at your
property located at 2006 A North Shore Drive adjacent to the Aflantic Ocean located in Surf City, Onslow
County, North Carolina The purpose of the visit was to investigate the unauthorized construction of a deck
within the Ocean Hazard Area of Environmental Concern (AEC)
Information gathered by the Local Permit Officer and/or the NC Division of Coastal Management 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 building
a deck on the aforementioned property. This activity took place in the Ocean Hazard AEC that is
contiguous with the Atlantic Ocean, Ocean 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 of the Coastal Area Management Act.

TOWN OF SURF CITY
P. O. BOX 2475 214 N. NEW RIVER DRIVE SURF CITY, NC 28445
Telephone: [phone] Fax: [phone]
http://surfeity.govoffice.com
A. D. (Zander) Guy, Jr., Mayor
Nelva R. Albury, Mayor Pro-tem
Michael H. Curley, Council Member
Donald R. Helms, Council Member
Douglas C. Medlin, Council Member
William J. (Buddy) Fowler, Council Member
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 Resources 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 it5natUCa( re8ourcoS Whether a higher amount will be assessed
will depend on several factors, including the'rrnfUre andareresourc.,es affected and the extent of the
damage to them. If restoration bf`tbo affecN 0468 ources is fetfut SCed1 bUf [s,not undertaken or completed
satisfactorily, asubstantially ttlgher ciyit°'penalty will be assessed and a gotlrt injunction will be sought
ordering restoration.
Based upon the North
of Environmental Cor
appears consistent wi
The relevant statutes€
complying with the requ
determine whether this:
contact me immediately.
Thank you for your time ant
amount of a civil assessment
Sincerely,
Steve Padgett
Local Permit Officer
ty you have
NCAC 07H .
Cc: Gale Stenberg, Minor Permit Regional Program Coordinator, DCM
Jim Gregson, District Manager, DCM
Roy Brownlow, Compliance Coordinator, DCM
Jon Giles, Field Officer, DCM
Guidelines for Areas
Jcean Hazard AEC,
at this time.
ng to assist you in
immediate future to
i. I request that you
will be notified as to the
the proper permit(s).
�3rans OJaoz

TOWN OF SURF CITY
P. O. BOX 2475 214 N. NEW RIVER DRIVE SURF CITY, NC 28445
Telephone: [phone] Fax: [phone]
http://surfcity.govoffice.com
A. D. (Zander) Guy, Jr., Mayor Donald R. Helms, Council Member
Nelva R. Albury, Mayor Pro-tem Douglas C. Medlin, Council Member
Michael H. Curley, Council Member William J. (Buddy) Fowler, Council Member
CERTIFIED MAIL
RETURN RECEIPT REQUESTED
7004 1160 0001 1632 4482
October 12, 2005 4
John C.Jones
1221 Westerham Drive
Wake Forest, NC 27587
RE: RESTORATION DETERMINATION, CAMA VIOLATION #05-52D
Dear Mr. Jones:
This letter is in reference to the Noti 0l"Vi ation Number 06-5'2[) sent to. you dated 10/11/05 for the construction of
a deck within the Ocean Hazard Af®& 60.Z arietlihmental Concern near the Atlantic Ocean. The violation took place on
your property located at 2006 A NorjhW.f6 Drive in Surf City Onslow County. North Carolina. This unauthorized
activity constituted development to adWr'dance with the North Carolina Adnnnish ative Code. Title 15A, Subchapter
7J.0410, any violation involving development which is Inconanstent with guidelines for development with Areas of
Environmental Concern must be corrected by restoring the project Site to pre development conditions to recover lost
resources or to prevent further resource damage.
Based upon review of the Coastal Area Management Act the Coastal Jpesowce Conuorssion':s rules, and the Town
of Surf City Land Use flan and local ordinances the actively you,have undertaken appears consistent with the
guidelines for Areas of Envoonmerfal Concern Therefore, restoration of the impacted area is not requested at this
time. However, in order to resolve this mgiier, you will need to provide us proof that you have given your adjacent
riparian property ownei(s) notice of this unauthorized development and that you provided diem the opportunity to
comment to the Division of Coastal Managalhent the enclosed forms will need to he mailed to the adjacent riparian
property owners certified road return iLceipt with a copy of the drawingOf the deck or you Can ask them to sign the
form showing that they have no objection to your project We will need the green receipts,l'from the post office or a
signature of no objection along with a copy of the drawing within 10 days of eceipt of tills letter.
Upon receipt of the above information', I will submit an enforcement report to Jun vregson, District Manager, Division
of Coastal Management (DCM) You will be thou be notified as to the amount of the civil penalty for undertaking this
unauthorized activity within an Area of Lnvrronmeirial concern
Thank you for your attention and cooperation If you hove any questions pertaining to this matter, please feel free to
call me at 910-328-4131.
Sincerely,
Steve Padgett
Local Permit Officer
Cc: Gale Stenberg, Minor Permit Regional Coordinator, DCM
Jim Gregson, District Manager, DCM
Roy Brownlow, Compliance Coordinator, DCM
Jon Giles, Field Officer, DCM

Robert L. & Doreen Sims
117 Dowry Creek West
Belhaven, NC 27810
Dear Mr. & Mrs. Sims:
This letter is to inform you that I built a deck on my property located at 2006 A
North Shore Drive without applying fora CAMA Minor Permit. I have enclosed a
copy of the drawing(s) of my project for your review.
If you have any questions or comments regarding this project, please contact
Steve Padgett at 910-328-4131 within 10 days of the receipt of this letter. If you
wish to file written comments or objections with the Town of Surf City, you may
submit them to:
Steve Padgett
Local Permit Officer, Town of Surf City
P.O. Box 2475
Surf City, NC 28445
Sincerely,
John C. Jones
1221 Westerham Drive
Wake Forest, NC 27587

ADJACENT RIPARIAN PROPERTY OWNER STATEMENT FOR
CAMA MINOR PERMITS
I hereby certify that I own property adjacent to JOF1N C. JONES is
(Name of Property Owner)
property located at 2006 A NORTH SHORE DRIVE
(Address, Lot, Block, Road, etc.)
on _ATLANTIC OCEAN in SURF CITY / ONSLOW COUNTY N.C.
(Waterbody) (Town and/or County)
FIe has described to me as shown below, the development he is proposing at that location, and, I have no
objections to his proposal
DESCRIPTION AND/OR DRAWING OF PROPOSED DEVELOPMENT
(To be filled in by individual proposing development)
Signature
Print or Type Name
Telephone Number
Date:

Darryl C. & Sally L. Goebel
118 Windfall Court
Cary, NC 27511
Dear Mr. & Mrs. Goebel:
This letter is to inform you that I built a deck on my property located at 2006 A
North Shore Drive without applying for a CAMA Minor Permit. I have enclosed a
copy of the drawing(s) of my project for your review.
If you have any questions or comments regarding this project, please contact
Steve Padgett at 910-328-4131 within 10 days of the receipt of this letter. If you
wish to file written comments or objections with the Town of Surf City, you may
submit them to:
Steve Padgett
Local Permit Officer, Town of Surf City
P.O. Box 2475
Surf City, NC 28445
Sincerely,
John C. Jones
1221 Westerham Drive
Wake Forest, NC 27587

ADJACENT RIPARIAN PROPERTY OWNER STATEMENT FOR
CAMA MINOR PERMITS
I hereby certify that I own property adjacent to JOHN C. JONES is
(Name of Property Owner)
property located at 2006 A NORTH SHORE DRIVE
(Address, Lot, Block, Road, etc.)
on ATLANTIC OCEAN—, in SURF CITY / ONSLOW COUNTY , N.C.
(Waterbody) (Town and/or County)
He has described to me as shown below, the development he is proposing at that location, and, I have no
objections to his proposal.
DESCRIPTION AND/OR DRAWING OF PROPOSED DEVELOPMENT
(To be filled in by individual proposing development)
Signature
Print or Type Name
Telephone Number
Date:

0"ov-05 NC DIVISION OF COASTAL MANAGEMENT ENFORCEMENT RECORD
CASE NUMBER LAST NAME FIRST NAME BUSINESS NAME:
05-52D IJONES IJOHN
Q CASE IS CLOSED Previous Violations in Same
❑ AEC for Similar Activities
NOV DATE CLOSURE DATE Elapsed Days AFFLILIATION SECTOR
10111/ F- PROPERTY OWNER PRIVATE
MAILING ADDRESS CITY STATE ZIP CODE PHONE NUMBER
1221 WESTERHAM DRIVE WAKE FOREST NC 275F7- F-
PROPERTY ADDRESS COMMUNITY WATERBODY NEAREST ROAD
2006-A NORTH SHORE DR SURF CITY 1ATLANTIC OCEAN I
DISTRICT OFFICE COUNTY DCM REPRESENTATIVE LPO CONTACT
WIRO ONSLOW S.PADGETT
VIOLATION TYPE
MINOR CAMA
NATURE OF VIOLATION
Unauthorized construction of a
RESTORATION STATUS,
❑ CW (_.I EW I I PTA ❑ ES ❑
© OEA ❑ HHFA I. I IHA ❑ PWS I I NCRA
AEC DESCRIPTION
❑ RESTORATION NOT REQUIRED - CONTRACTOR
® RESTORATION NOT REQUIRED-PERMITTABLE DEVELOPMENT
❑ RESTORATION NOT REQUIRED -FURTHER IMPACTS
❑ RESTORATION PENDING
RESTORATION REQUEST DATE COMPLETION DATE
- RESTORATION EXTENDED RESTORE DATE
t--� DEADLINE
EXTENDED
REFERRED TO AG'S OFFICE - INJUNCTION
INJUNCTION DATE: r-
I_j REFERRED TO AG'S OFFICE - COLLECTION r
COLLECTION REQUEST DATE: ( -
ASSESSMENT DATE PENALTY AMOUNT COLLECTION DATE AMOUNT COLLECTED
❑ PENALTY ISSUED
WILLFUL & INTENTIONAL PENALTY MIN. OR DOUBLED)
❑ PENALTY NOT ISSUED CNOV ISSUED CNOV DATE
ElCONRACTOR'S FIRST OFFENSE ❑ PENALTY APPEALED APPEAL DATE
- FORMAL CPA ISSUED F-FORMAL CPA DATE
( SETTLED. AGREED UPON, STIPULATED PENALTY SETTLEMENT DATE
UNCOLLECTIBLE PENALTY F-UNCOLLECTIBLE DETERMINATION DATE
Violations Involving Adversely Impacted Resources
AMOUNT OF ADVERSELY DISTURBED AREA (SQ. FT.)
AMOUNT OF RESTORED AREA (SO. FT) �-
NOTES

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Town of Surf City
Community Development
Donna Reece
Ordinance Compliance Liaison
214 N. New River Drive - PO Box 2475 Surf City, N.C. 28445
[phone] Fax [phone]
Web Site: http://surfcity.govoffice.mm
E-mail: [e-mail]