05-38C Mattocks

North Carolina
Michael F. Easley, Governor
December 2, 2005
Mr. Robert Mattocks, II
5307 Trentwoods Dr.
New Bern, NC 28562
NCDENR
Department of Environment and Natural
Division of Coastal Management
Charles S. Jones, Director
Resources
William G. Ross Jr., Secretary
Mi
RE: Payment of Proposed Penalty for Violations of the Coastal Area Management Act,
Committed in Carteret County
CAMA Violation #05-38C
Dear Mr. Mattocks:
This letter will acknowledge receipt of your check #2407, in the amount of $200.00, and dated
October 25, 2005. Once the amount of the check is credited to the Department of Environment
and Natural Resourca s' account, this matter will be fully and completely closed.
If you have any further questions concerning this matter, please contact me at my Morehead City
office, [phone].
Sincerely,
Tere Barrett
District Manager
TBIlsb
cc: Roy Brownlow, Compliance Coordinator
Ted Tyndall, Asst. Director
Stephen Lane, Coastal Management Rep.
Henry Wicker, COE
400 Commerce Avenue, Morehead City, North Carolina 28557
Phone: [phone] FAX: [phone] Internet: www.necoastalmanagement.net
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Mr. Robert Mattocks
November 23, 2005
Page 3 of 3
CAMA VIOLATION #05.38C
Mr. Robert Mattocks
AGREEMENT TO PAY PROPOSED CIVIL ASSESSMENT
I understand that the staff of the Department of Environment and Natural Resources will propose the
assessment of a civil penalty in the amount of $100.00 against me for violation of the Coastal Area
Management Act, NCGS 113A-100 et seMc , committed on or near my property at 1803 Salter Path Road in
Carteret 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 October 12, 2005, and
agree to pay the proposed civil assessment of $100.00.
DATE
Wahoad C`tfy 012M
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SIGNATURE
S3 0 3 7"rL t �✓d��/t' A�'
ADDRESS
AlCy,/ 447�rz� Nc 28s'Cv
25z 6-?3 G'C 4- 1—
TELEPHONE NUMBER
400 Commerce Ave., Morehead City, North Carolina 28557
Phone: [phone] FAX: [phone] Internet: www.nccoastalmanagement.net
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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
November 23, 2005
CERTIFIED MAIL
RETURN RECEIPT REQUESTED
Mr. Robert Mattocks
5307 Trent Woods Drive
New Bern, NC 28562
RE. CAMA VIOLATION #05-38C
Dear Mr. Mattocks:
This letter is in reference to the Notice of Violation dated October 12, 2005 that Mr. Stephen Lane, Coastal
Management Representative for the Division of Coastal Management, issued to you for unauthorized
grading of a primary dune at 1803 Salter Path Road, off of Highway 58 on Bogue Banks, Carteret County.
The violation involved the Ocean Hazard Area, which is an Area of Environmental Concern designated by
the Coastal Resources Commission. Based upon the site visit conducted on November 16, 2005 by Mr.
Lane, the restoration requested is complete to the satisfaction of the Division of Coastal Management.
The Coastal Area Management Act provides that a civil assessment of up to $250 may be assessed for any
Minor Permit 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/or 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 $100.00 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 $100.00 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. Upon deposit of your check in the
Department's account, you will receive a Notice of Compliance officially closing this enforcement action.
400 Commerce Ave., Morehead City, North Carolina 28557
Phone: [phone] FAX: [phone] Internet: www.necoastaimanagement.net
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Mr. Robert Mattocks
November 23, 2005
Page 2 of 3
If you do not send a signed agreement and payment to this office within ten (10) days, the Director of the
Division of Coastal Management will formally assess a civil penalty against you. You will then have the
opportunity to request a hearing on the penalty or request remission of the penalty.
Thank you for your time and cooperation in resolving this important matter. If you have any questions, please
do not hesitate to contact me at [phone].
Sincerely,
�. O
Tere Barrett, District Manager, MHC
Division of Coastal Management
Enclosures
cc: Ted Tyndall, Assistant Director, DCM
Roy Brownlow, Compliance Coordinator, DCM
Stephen Lane, Coastal Management Representative, DCM
400 Commerce Ave., Morehead City, North Carolina 28557
Phone: [phone] FAX: [phone] Internet: www.nccoastaimanagement.net
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17- Robert Mattocks
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1. Article Addressed to:
Mr. Robert Mattocks
5307 Trent Woods Drive
I New Bern, NC 28562
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+ Mr. Robert Mattocks
November 23, 2005
Page 3 of 3
CAMA VIOLATION #05.38C
Mr. Robert Mattocks
AGREEMENT TO PAY PROPOSED CIVIL ASSESSMENT
I understand that the staff of the Department of Environment and Natural Resources will propose the
assessment of a civil penalty in the amount of $100.00 against me for violation of the Coastal Area
Management Act, NCGS 113A-100 et sec, committed on or near my property at 1803 Salter Path Road in
Carteret County, North Carolina. In order to resolve this matterwith no further action or expense on my part, I
accept responsibility for the violation as described in the Notice of Violation letter dated October 12, 2005, and
agree to pay the proposed civil assessment of $100.00.
DATE
SIGNATURE
ADDRESS
TELEPHONE NUMBER
400 Commerce Ave., Morehead City, North Carolina 28557
Phone: [phone] FAX: [phone] Internet: www.nccoastaimanagement.net
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// 4LSB RIB
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WDENR
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
November 18, 2005
Mr. Robert Mattocks
5307 Trent Woods Drive
New Bern, NC 28562
RE:RESTORATION ACCEPTANCE — CAMA VIOLATION #05-38C
Dear Mr. Mattocks:
This letter is in reference to the Notice of Violation # 05-38C sent to you dated October 12, 2005 for
unauthorized grading of a primary dune within the Ocean Hazard Area of Environmental Concern adjacent
to the Atlantic Ocean. The violation took place on your property located at 1803 Salter Path Road, located
off Hwy 58, Carteret County, North Carolina. The unauthorized grading of the primary dune constituted
development and you were requested to install a retaining wall adjacent to the escarpment left by the
removal of sand such that the structure prevented the loss of sand on the property to the east of your
property. In accordance with the North Carolina Administrative Code, Title 15A, Subchapter 7J.0410, any
violation involving development which is inconsistent with guidelines for development within Areas of
Environmental Concern (AEC) must be corrected by restoring the project site to pre -development
conditions to recover lost resources or to prevent further resource damage.
I conducted a site visit at the aforementioned property on November 16, 2005 to inspect the restoration of
the unauthorized activity addressed in the Notice of Violation # 05-38C. Based on this inspection, it appears
the restoration is accomplished to the satisfaction of this Division. Upon my submission of an enforcement
report, you will be notified as to the amount of the civil penalty for undertaking this unauthorized activity
within an Area of Environmental concern.
Thank you for your attention and cooperation in this matter. If you have any questions pertaining to this
matter, please feel free to call me at [phone].
Sincerely,
Stephen Lane
Coastal Management Representative
Cc: Ted Tyndall, Assistant Director, DCM
Tere Barrett, District Manager, DCM
Roy Brownlow, Compliance Coordinator, DCM
Tracy Barnes, LPO, Carteret County
400 Commerce Avenue, Morehead City, North Carolina 28557
Phone: [phone] \ FAX: [phone] \ Internet: www.nccoastalmanagement.net
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20-Dec-05 NC DIVISION OF COASTAL MANAGEMENT ENFORCEMENT RECORD
CASE NUMBER LAST NAME FIRST NAME BUSINESS NAME:
05-38C IMATTOCKS ROBERT
0 CASE IS CLOSED 1
Previous Violations in Same
NOV DATE CLOSURE DATE Elapsed Days AFFLILIATION SECTOR El AEC for Similar Activities
10/1?J2005 F 69 1PROPERTY OWNER PRIVATE
MAILING ADDRESS CITY STATE ZIP CODE PHONE NUMBER
5307 TRENTWOODS DR NEW BERN NC 2B562- [phone]
PROPERTY ADDRESS COMMUNITY WATERBODY NEAREST ROAD
1863 SALTER PATH RD INDIAN BEACH ATLANTIC OCEAN 1HWY 58
DISTRICT OFFICE COUNTY DCM REPRESENTATIVE LPO CONTACT
MHCDO ICA9TERET .LANE F—
VIOLATION TYPE AFFECTEDAEC(S) ❑ CW ❑ EW ❑ PTA ❑ ES ❑ PTS
MINOR CAMA [J] OEA © HHFA ❑ IHA ❑ PWS ❑ NCRA
NATURE OF VIOLATION AEC DESCRIPTION
nauthorized minor development by the disturbance and removal of a primary sand dune in the OH AEC adjacent
the Atlantic Ocean.
RESTORATION STATUS RESTORATION REQUEST DATE COMPLETION DATE
LVj I 11/12/2005 11/16/2005
_[—i RESTORATION NOT REQUIRED - CONTRACTOR
❑ RESTORATION NOT REQUIRED - PERMITTABLE DEVELOPMENT
❑ RESTORATION NOT REQUIRED - FURTHER IMPACTS
❑ RESTORATION PENDING
TY STATUS ASSESSMENT DATE
PENAL
11 /23/2005
�] PENALTY ISSUED
RESTORATION EXTENDED RESTORE DATE
❑ DEADLINE
EXTENDED
❑ REFERRED TO AG'S OFFICE - INJUNCTION
INJUNCTION REFER DATE: I
❑ REFERRED TO AG'S OFFICE - COLLECTION
COLLECTION REQUEST DATE: I
PENALTY AMOUNT COLLECTION DATE AMOUNT COLLECTED
❑ WILLFUL & INTENTIONAL PENALTY (MIN. OR DOUBLED)
El PENALTY NOT ISSUED ❑ CNOV ISSUED �CNOV DATE
❑ CONRACTOR'S FIRST OFFENSE ❑ PENALTY APPEALED APPEAL DATE
r
❑ FORMAL CPA ISSUED I FORMAL CPA DATE
❑ SETTLED. AGREED UPON, STIPULATED PENALTY I SETTLEMENT DATE
❑ UNCOLLECTIBLE PENALTY F—UNCOLLECTIBLE DETERMINATION DATE
Violations Involving Adversely Impacted Resources
AMOUNT OF ADVERSELY DISTURBED AREA (SQ. FT.) �—
AMOUNT OF RESTORED AREA (SQ. FT) �—
NOTES

04-Jan-06 NC DIVISION OF COASTAL MANAGEMENT ENFORCEMENT RECORD
CASE STAT[J$ CASE NUMBER LAST NAME
FIRST NAME BUSINESS NAME:
0 -1 05-38CMATTOCKS ROBERT
(�j) CASE IS CLOSED ' Previous Violations In Same
NOV DATE CLOSURE DATE Elapsed Days gFFLILIATION SECTOR AEC for Similar Activities
10/1212005 e.++� 51 1PROPERTY OWNER PRIVATE
MAILING ADDRESS CITY STATE ZIP CODE PHONE NUMBER
5307 TRENTWOODS DR i NEW BERN NC 28562- [phone]
PROPERTY ADDRESS COMMUNITY WATERBODY NEAREST ROAD
1803 SALTER PATH RD INDIAN BEACH 1ATLANTIC OCEAN 1 HWY 58
DISTRICT OFFICE COUNTY DCM REPRESENTATIVE LPO CONTACT
'MHCDO JEARTERET LANE
—
VIOLATION TYPE AFFECTED AEC(Sp. ❑ CW ❑ EW [-]PTA ❑ ES ❑ PTS
MINOR CAMA © OEA © HHFA ❑ IHA ❑ PWS ❑ NCRA
NATURE OF VIOLATION AEC DESCRIPTION
lauthorized minor development by the disturbance and removal of a
the Atlantic Ocean.
&ESTORATION STATUS. _..
❑ RESTORATION NOT REQUIRED - CONTRACTOR
❑ RESTORATION NOT REQUIRED - PERMITTABLE DEVELOPMENT
❑. RESTORATION NOT REQUIRED - FURTHER IMPACTS
❑ RESTORATION PENDING
sand dune in the OH AEC adjacent
RESTORATION REQUEST DATE COMPLETION DATE
11/12/2005 1 11/16/2005
RESTORATION EXTENDED RESTORE DATE
❑ DEADLINE
EXTENDED
❑ REFERRED TO AG'S OFFICE - INJUNCTION
INJUNCTION REFER DATE: i
❑ REFERRED TO AG'S OFFICE - COLLECTION
COLLECTION REQUEST DATE: I
ASSESSMENT DATE PENALTY AMOUNT COLLECTION DATE AMOUNT COLLECTED
PENALTY STATUS. 1
11/23/2005 $100 1 12/2/2005 $100
© PENALTY ISSUED
PENALTY NOT ISSUED ❑ WILLFUL &INTENTIONAL PENALTY (MIN. OR DOUBLED)
❑ CNOV ISSUED �CNOV DATE
ElCONRACTOR'S FIRST OFFENSE ❑ PENALTY APPEALED APPEAL DATE
❑ FORMAL CPA ISSUED I FORMAL CPA DATE
❑ SETTLED. AGREED UPON, STIPULATED PENALTY I SETTLEMENT DATE
❑ UNCOLLECTIBLE PENALTY I UNCOLLECTIBLE DETERMINATION DATE
Violations Involving Adversely Impacted Resources
AMOUNT OF ADVERSELY DISTURBED AREA (SQ. FT.) i
AMOUNT OF RESTORED AREA (SQ. FT)
NOTES

DCM ENFORCEMENT TRACKING REPORT
/ Issuer 0,r-? P C
field Rep. �// `-'�"{ Violation Base No.
LPO I?' n /'i A B C D
1 Violated Permit No.
LPl �r {`r` / (if applicable)
Violation Description Was activity permittable? Yes / to
Initial Discovery Date 7-2-7-or Discovery Method
Violation Description ��( ra..d y�/
Respondent Information Prior Violations in same AEC: Yes / o Case Number or T".OT
Respondent Name(s) D� M'°`l f Landowne Agent/Contractor)
Address 13o7 -r , 4w°"P,- City iIVCw State /VC Zip a-JI
Phone # a J7)) 6 33- 66 9 `I Fax #
Email
Violation Type: Project Type:
o PermitL riv _ ommunity
Permit Condition Govt./Public
Expired Permit Commercial
Inconsistent w/ Rules
Authorizations Required: Site Visits Respondent
Major Y Present
-7 17-or A/o
iEb D&F 9-17-Or
General 11- I G—Ot �✓°
Site Visits
Respondent
Present
Violation Location and Site Description
C "`*"`4-
Rover File
Project Location: County
Shoreline Length
°
Street Address/ State Road/ Lot #(sJ
SAV: Not Sure
Yes
No
1 �? L lffi /0-411, c.-.Q
Sandbags: Not Sure
Yes
Subdivision �
PNA:
Yes
go
Adjacent
� �iy r /t% C-
d-
ORW:
Yes
Adjacent
City ZIP
Crit. Hab.
Yes
No
Phone # ( ) River Basin
Photos
(9
No
Adj. Wtr. Body �rrrOV�ae
na /man /unkn)
Waiver Required
Yes
No
Closest Maj. Wtr. Body /t, �a"'�` O"""
In DWQ Buffer Area
Yes
No
Restoration
U o !
/�,i1
rer
Extension Granted
Yes / N
`✓
NOV Date
Initial Req. Comp. Date
­p r
Restoration Letter
CNOV Date
Date Comp. Observed
��I
Acceptance Date
Penalty Assessment
7J.0409 Ref.
f�l�6XB)
Recomm. Assess.
`
DCM Assess.
Sent to Respondent Date
App./Permit Fee
Penalty
-l`7lo`f
��,
$ Io
$ 1 C `
s
s
Rcvd. by Dist. Mgr. Date
crok
Assessment Extended Yes
No Willful/Intent.
$
$
Continuing
$
s
Other
$
$
Total
, t -L60

Formal Assessments, Appeals and Reductions
Date Long Form Submitted Assessment Appealed Yes No
Date Formal CPA Submitted
Penalty modified
Final Assessment $ Date
Attorney General's Office for Injunction or Formal Collection
Date sent to AG Respondent 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 DS CI SY 1R LS TY
SS SC SP 404
PWS: FC:
Other:
Restoration Required by the Respondent Yes / No
f
Dimensions in excess Final dimensions
Dimensions to restore Actually restored
of permit/ unauthorized activities pOo o� f allowed f ��
Development Activities �Ql ��ir^•�y tf•..,c T"d' )(too' 7 N t{o X 1 ` '
Habitat Description
NOTES:
Closing
Utki, aK, ��,,r.,yAAA-
Payment Received $ Date Date Case Closed

Division of Coastal Management
Michael F. Easley, Governor Charles S. Jones, Director William G. Ross Jr., Secretary
CERTIFIED MAIL
RETURN RECEIPT REQUESTED
NOTICE OF VIOLATION
October 12, 2005
Mr. Robert Mattocks
5307 Trentwoods Drive
New Bern, N.C. 28562
RE. NOTICE OF VIOLATION AND REQUEST TO CEASE UNAUTHORIZED DEVELOPMENT
CAMA MINOR VIOLATION #05-38C
Dear Mr. Mattocks:
This letter confirms that on August 17, 2005, Tere Barrett (District Manager with this Division) and I met
with your representative Craven Gardner onsite at your property located at 1803 Salter Path Road adjacent
to the Atlantic Ocean located off Hwy 58, in or near Indian Beach, Carteret County, North Carolina. The
purpose of the visit was to investigate unauthorized development of a single-family residence within the
Ocean Hazard Area.
Information gathered by 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 site
preparation in the form of removal of sand from a primary dune on the aforementioned property. This
activity took place in the Ocean Hazard Area 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, 1 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.
400 Commerce Avenue, Morehead City, North Carolina 28557
Phone: [phone] \ FAX: [phone] \ Internet: www.nccoastalmanagement.net
An Equal Opportunity \ Affirmative Action Employer — 50% Recycled \ 10% Post Consumer Paper

Robert Mattocks
October 12, 2005
Page 2 of 3
It is the policy of the Coastal Resources Commission to assess a minimum civil penalty of $100 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, as in this case, but is not undertaken
or completed satisfactorily, a substantially higher civil penalty will be assessed and a court injunction will be
sought ordering restoration.
Based upon the North Carolina Administrative Code, Title 15A, Subchapter 07H. State Guidelines for Areas
of Environmental Concern, the activity you have undertaken, removal of sand from a primary dune in a
manner that would adversely affect the integrity of the dune, is not consistent with Section 07H .0306 which
regulates the Ocean Hazard Area. Therefore, I am requesting that a retaining wall or other appropriate
stabilizing structure be installed adjacent to the escarpment left by the removal of the sand, which is located
on the east side of the property. The retaining wall or structure must retain the sand to the east of the wall
such that the property immediately to the east of your property is not continuously losing sand due to the
removal of sand on your property. Please refer to the enclosed Restoration Agreement.
If you intend to cooperate with my request, please sign one of the attached Restoration Agreements 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.
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.
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.
Sinc re p
Ste en Lane
Field Representative
Cc: Ed Brooks, Minor Permit Coordinator, DCM
Tere Barrett, District Manager, DCM
Tracy Barnes, LPO, Carteret County
ENCLOSURE

RESTORATION PLAN
For
Robert Mattocks
CAMA Minor Violation #05-38C
Property located at 1803 Salter Path Road, Carteret County
Atlantic Ocean
Mattocks
Property
Drawing Not To Scale
Retaining wall
40 Q
or other
stabilization
fn
—w structure.
120'
Salter Path Road
I, Robert Mattocks, agree to complete this restoration to the satisfaction of the Division of Coastal
Management by November 12, 2005 or provide an explanation for non-compliance and a reasonable
request for time extension. When corrective actions are complete, I will notify the Field Representative so
the work can be inspected. Crzr� r SIGNATURE:—�^
DATE: ! D — I3" °J
It is the policy of the Coastal Resources Commission to levy a minimum civil assessment of $100 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.

_ 10
MCDENR
North Carolina Department of Environment
and Natural Resources
Division of Coastal Management
Michael F. Easley, Governor Charles S. Jones, Director
CERTIFIED MAIL
RETURN RECEIPT REQUESTED
NOTICE OF VIOLATION
October 12, 2005
Mr. Robert Mattocks
5307 Trentwoods Drive
New Bern, N.C. 28562
William G. Ross Jr., Secretary
RE. NOTICE OF VIOLATION AND REQUEST TO CEASE UNAUTHORIZED DEVELOPMENT
CAMA MINOR VIOLATION #05-38C
Dear Mr. Mattocks:
This letter confirms that on August 17, 2005, Tere Barrett (District Manager with this Division) and I met
with your representative Craven Gardner onsite at your property located at 1803 Salter Path Road adjacent
to the Atlantic Ocean located off Hwy 58, in or near Indian Beach, Carteret County, North Carolina. The
purpose of the visit was to investigate unauthorized development of a single-family residence within the
Ocean Hazard Area.
Information gathered by 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 site
preparation in the form of removal of sand from a primary dune on the aforementioned property. This
activity took place in the Ocean Hazard Area 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
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. 11 3A-1 26.
400 Commerce Avenue, Morehead City, North Carolina 28557
Phone: [phone] \ FAX: [phone] \ Internet: www.nccoastalmanagement.net
An Equal Opportunity \ Affirmative Action Employer — 50% Recycled \ 10% Post Consumer Paper

Robert Mattocks
October 12, 2005
Page 2 of 3
It is the policy of the Coastal Resources Commission to assess a minimum civil penalty of $100 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, as in this case, but is not undertaken
or completed satisfactorily, a substantially higher civil penalty will be assessed and a court injunction will be
sought ordering restoration.
Based upon the North Carolina Administrative Code, Title 15A, Subchapter 07H. State Guidelines for Areas
of Environmental Concern, the activity you have undertaken, removal of sand from a primary dune in a
manner that would adversely affect the integrity of the dune, is not consistent with Section 07H .0306 which
regulates the Ocean Hazard Area. Therefore, I am requesting that a retaining wall or other appropriate
stabilizing structure be installed adjacent to the escarpment left by the removal of the sand, which is located
on the east side of the property. The retaining wall or structure must retain the sand to the east of the wall
such that the property immediately to the east of your property is not continuously losing sand due to the
removal of sand on your property. Please refer to the enclosed Restoration Agreement.
If you intend to cooperate with my request, please sign one of the attached Restoration Agreements 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.
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.
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.
Sinc re Q
Step en Lane
Field Representative
Cc: Ed Brooks, Minor Permit Coordinator, DCM
Tere Barrett, District Manager, DCM
Tracy Barnes, LPO, Carteret County
ENCLOSURE

_ w
RESTORATION PLAN
For
Robert Mattocks
CAMA Minor Violation #05-38C
Property located at 1803 Salter Path Road, Carteret County
Atlantic Ocean
Mattocks
Property
Drawing Not To Scale
aa)
E
Retaining wall
40'
or other
n
stabilization
w
structure.
120'
Salter Path Road
I, Robert Mattocks, agree to complete this restoration to the satisfaction of the Division of Coastal
Management by November 12, 2005 or provide an explanation for non-compliance and a reasonable
request for time extension. When corrective actions are complete, I will notify the Field Representative so
the work can be inspected.
SIGNATURE:
DATE:
It is the policy of the Coastal Resources Commission to levy a minimum civil assessment of $100 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.

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08/01/2005 16:44 3933205 WESTERN OFF
07/29/2005 M IG 2527286543 CARTERET CTV P I
Jul. 29. 2005 1:14PM IAYTOUN R RAINES CONSTRUCTION CO No. CBS; P. 2/2
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08/23/2005 14:36 2522400541
PAGE 01
CRAVEN GAFPN�f 12�51GN5
301 E. FORT MACON RD.
ATLANTIC REACH, NC 28512
[phone] [e-mail]
FACSIMILE TRANSMITTAL SHEET
TO: FROM:
Steve Lane Craven Gardner
COMPANY: DATE:
CAMA 8/23/2005
FAX NV MDER:^,YYt% TOTAL NO. OF PgcGl �nlLwtnv wren:
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PHONE NUMa6R: SENDER'S REFERENCE NUMBER:
RE: YOUR REFERENCE NUMBER:
Mattocks Lot, Indian Beach
❑ URGENT ❑ FOR REVIEW 0 PLEASE COMMENT 0 PLEASE RL-PLY ❑ PLEASE RECYCLE
NOTES/COMMENTS:
Stew,
Here's another copy m case a una cats the one I left on Friday.
"Thanks, �.
rAQ,V -y--
C C.�

08/23/2005 14:36 2522400541 PAGE 02

08/23/2005 14:36 2522400541 PAGE 03

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08/23/2005 11:06 2522400541
PAGE 01
CpAV�N 6AF,PN�1? P7 51GN5
301 E. FORT MACON RD.
ATLANTIC BEACH, NC 28512
[phone] CRAVENGIIQEC.RR.COM
FACSIMILE TRANSMITTAL SHEET
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Steve Lane Craven Gardner
COMPANY: DATE:
CAM, 8/23/2005
FAX NUMBER TOTA6 NO. OF P OES INCLUDING COVER:
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PHONE NUMBERS SENDER'S REVERENCE NUMBER
RE: YOUk REFERENCE NUMBER:
Mattocks Lot, Indian Beach
0 URGENT ❑ FOR REVIEW ❑ PLEASE COMMENT ❑ PLEASE REPLY ❑ PLEASE RECYCLE
NOTES/COMMENTS:
Steve,
Here's another copy in case you were unable to locate the one I left on Friday
Thanks,
Craven

08/23/2005 11:06 2522400541 PAGE 02

08/23/2005 11:06 2522400541 PAGE 03

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