02-19D King

ry
INTEROFFICE MEMORANDUM
TO: ROY BROWNLOW, COMPLIANCE COORDINATOR
FROM: CHARLES JONES, DIRECTOR
SUBJECT: VIOLATION CASE CLOSURE
DATE: 4/2/2004
CC: RONDA BENNETT
You are authorized to close the Violation Case #02-19D, NATHAN KING.
0-al q-�-o
Charles S. Jones, Dir to Date

05-Apr-04 NC DIVISION OF COASTAL MANAGEMENT ENFORCEMENT RECORD
CASE STATUS -
CASE NUMBER LAST NAME FIRST NAME BUSINESS NAME:
CASE IS OPEN ..,,I 02-19D King Nathan
• CASE IS CLOSED [
-------' AFFLILIATION SECTOR
NOV DATE CLOSURE DATE Previous Violations in Same AEC
PropertyOwner Private ❑ for Similar Activities
3126/20Gr i�•
MAILING ADDRESS CITY STATE ZIP CODE PHONE NUMBER
PROPERTY ADDRESS COMMUNITY WATERBODY NEAREST ROAD
DISTRICT OFFICE COUNTY DCM REPRESENTATIVE LPO CONTACT
WIRO Onslow Gregson Altman
VIOLATION TYPE
Minor CAMA AEC TYPE
NATURE OF VIOLATION
wall within 60 ft. oceanfront setback without authorization.
RESTORATION STATUS
❑ RESTORATION NOT REQUIRED - CONTRACTOR
[f RESTORATION NOT REQUIRED - PERMITTABLE DEVELOPMENT
❑ RESTORATION NOT REQUIRED - FURTHER IMPACTS
---- RESTORATION REQUEST DATE COMPLETION DATE
r
RESTORATION EXTENDED RESTORE DATE
- DEADLINE
EXTENDED
❑ RESTORATION PENDING
[_J REFERRED TO AG'S
OFFICE - COLLECTION
❑ REFERRED TO AG'S
OFFICE - INJUNCTION
ASSESSMENT DATE PENALTY AMOUNT COLLECTION DATE AMOUNT COLLECTED
-PENALTY STATUS - ----I
PENALTY ISSUED i
❑ PENALTY NOT ISSUED
❑ WILLFUL INTENTIONAL PENALTY (MIN. OR DOUBLED)
(j CNOV ISSUED
-� CONRACTOR'S FIRST OFFENSE
I ] SETTLED, AGREED UPON, OR STIPULATED PENALTY
-_l PENALTY APPEALED
___..
LJ UNCOLLECTIBLE PENALTY
`� FORMAL CPA ISSUED
Violations Involving Adversely Impacted Resources
AMOUNT OF ADVERSELY DISTURBED AREA (SQ. FT.) 60
AMOUNT OF RESTORED AREA (SO. FT) F_
NOTES
CASE CLOSED AS PER CHARLES JONES 4/4/04.

41
/N
W
Post Office Box 3089
Topsail Beach. North Carolina 28445-9831
Telephone [phone]
Fox [phone]
SENT US POSTAL CERTIFICATE OF MAILING RETURN RECEIPT REQUEST
Nathan King .
Post Office Box 2580
Surf City, NC 28445
RE: NOTICE OF VIOLATION,
TO APPLY FOR CAME
G
March 26th, 2002
D NOTICE OF FAILURE
PERMIT
Mr. King, t, I,
I 0 4
This letter confirms that an mspecuon was conducted at 915 North Anderson
Blvd. (Topsail Beach, N.C. 28445; Pender County), on March 261h, 2002 to investigate
the possibility of development activity within an Area of Environmental Concern (AEC)
without proper authorization. Pursuant to North Carolina General Statutes (NCGS 113A-
118) no person may undertake any activity which constitutes minor development within
a designated AEC without first obtaining a Minor Development Permit from the North
Carolina Department of Environment and Natural Resources or a Local Government with
an approved Coastal Area Management Implementation and Enforcement program.
The inspection verified that construction has occurred without authorization.
Specifically, a retaining wall has been erected within the 60' AEC setback, on the ocean
<ide of fine existing dwelling. Such structures are only allowed in the AEC of Coastal
Shorelines [15A NCAC 07H.209]. Additionally federal floodplain regulations [44 CFR
60.3 (e)(5) & (7)] also prohibit such non -collapsible walls and alteration of sand dunes.
This activity has caused us to conclude that you are in violation of the Coastal
Area Management Act, since we have no record of a permit authorizing this activity.
You are hereby notified to WVfEDIATELY CEASE AND DESIST your unauthorized
development activity. Since the development activity completed to date is not consistent
with the applicable standards, you will be required to restore the land to its former pre -
construction condition and/or bring all aspects of the project into compliance. A civil
assessment of up to S250.00 may be assessed for such violations, and each day that the
development activity described in this NOTICE is continued or repeated may constitute
a separate violation and additional penalty assessments. Furthermore, an injunction or
criminal penalty may also be sought to enforce any violation (NCGS 113A-126).
E(cEzvE Page 1 of
APR 18 1001
SION OF
COASTAL (MANAGEMENT

C4�ON-� �ll�J1��
DCM ENFORCE_-M ENT REPORTU
APR 18 2002
if
(Use for Waivers)
DIVN OF
fMAONAGEMENT
Case °: 00
COASTAL
Permit n: None Sam Altman, LPO
Consultant:
?dame: Nathan King
Address. : Post Office Box 2580
City: Surf City
State: n_ Zip: 284�_
Phone r: (910 1 28-023
County: Pender
Nearest Water Body: Atlantic
State Plane X• .
LPO: Sam Altman
Locality: Town of Topsail Beach
State Plane Y:
to Descp: Minor Deve oiDment without a valid Dermit [NCGS 113A-1181
15A NCAC 07H
Use
.306 General Use Standards for Ocean Hazard Areas - develo
NOV Sent: 3/26/02
went not
allowed.
Major: Minor:
Perm Cond:
x CA A: x DBF:
Restore: Yes
—
Requested:
o.a/h_oi
Estuary: Pub
(.No) Completed:
_ Trst: _ Shoreline: o W-) a°") o'ri
._ Ocean Hz: x _ Other: Pri Nurs:
_ ORW:
Wetlands: No
_ —
(F'c/Fo)
SA: I DS:
I Ci. I SY: I JR: I LS: I
SS: I SC:
TY:
I SP: I IF:
BF: I WS: I MF:
I
EX(CSAATE I FILLED RESTORE,,
(TYPE
OTHER
I I I
I (Sg.FY.) (Sg.FY.)
******* ASSESSMENT & DISPOSMON *******
Recommended Assmt: S loo.o_ 0
References: 7J.0409(f_)(5)E(i) Criteria:
Report Rcvd: / / Assessed: S
To AG: / / _ To Violator:
Payment Received: $
On: / / Case Closed:
Of Violators: Total Assessment: S.
Total Received: $
WISED: 12/92

It is the policy of the Coastal Resources Commission to levy a minimum civil
assessment of $50.00 against all such violators of CAMA Minor Development Permit
requirements. This is done to recover some of the costs of investigating violations and
/or to compensate the public for any damage to its natural resources. Whether a higher
amount will be assessed depends on several factors, including the nature and amount of
resources affected and the extent of damage to them. If any requested restoration is not
undertaken or completed satisfactorily, a higher civil assessment may be levied and a
court injunction sought to order restoration. Similarly, note that the Town of Topsail
Beach has recently increased Civil Remedy Penalties to $1,000.00 for zoning violations.
Pending the satisfactory resolution of this violation, and our submission of an
Enforcement Report to the District Manager of the Division of Coastal Management,
you will be notified of the amount of your civil assessment.
Thank you for your cooperation in resolving this important matter. If you have
any question, you may contact us or the Wilmington District Office; [phone].
Sincerely,
Sam Altman, CAMA LPO
Director of Code Enforcement
Town of Topsail Beach
Attachment; Restoration Plan
Cc; Jim Gregson, DCM Field Representative
NC Department of Coastal Management
EcEl E
APR 18 2002
DIVISION OF
COASTAL MANAGEMENT
Page 2 of 3
LZI

RESTORATION PLAN
Remove retaining wall structure, recently constructed on the oceanward side of
the single family dwelling, and restore land to it's former pre -construction condition.
n
I, Nathan King, agree to complete the required restoration outlined in the above
Restoration Plan to the satisfaction of the Town of Topsail Beach's CAMA Local Permit
Officer and/or DCM Field Representative by April 261h, 2002, or provide an explanation
for non-compliance and a reasonable request for a time extension.
Signature
DATE: , 2002
4
APR 18 2002
DIVISION OF
COASTAL MANAGEMENT
Page 3 of 3
M

Enforcement Case
Subject: Enforcement Case
From: Roy Brownlow <[e-mail]>
Date: Wed, 29 Oct 2003 10:46:48 -0500
To: [e-mail]
CC: Jim Gregson <[e-mail]>
TO: TOM WOOTEN, LPO
FROM: ROY BROWNLOW, COMPLIANCE COORDINATOR, DCM
RE: 02-19D, NATHAN KING CAMA VIOLATION
Tom:
Hope this message finds you doing well. I am trying to find out the status of the
CAMA violation case #02-1.9D issued to Nathan King dated 3/26/02 by Sam Altman.
The violation involved unauthorized construction of a retaining wall seaward of the
vegetation line and required restoration of the site.
Do you know what the status is of this case? Any information you can provide on this
matter is appreciated.
Thanks,
Roy Brownlow
Compliance Coordinator, DCM
1 of 1 10/29/03 10:47 AM

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Arriving at. ® 915 N Anderson Blvd, Topsail Beach, NC 28445-6851
Distance: 70.2 miles Approximate Travel Time: 2 hours 15 rains
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