HomeMy WebLinkAbout14-08C McMahanCOUNCIL
George W. Ballou, Mayor Pro Tern
Demus L, Thompson
William F. Taylor
Diane C. Warrender
Harvey N. Walker, Jr.
Hand Delivered
Mr. Tom McMahan
154 Junebug Lane
Beaufort, NC 28516
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Morehead City, North Carolina 28557-4234 e
TEL (252) 726-6848 He, ta5
FAX (252) 726-2267 - David S. Whitlow
www.moreheadcily.nc.gov City Manager
November 14, 2014
RE: STOP WORK ORDER AND NOTICE OF FAILURE TO APPLY FOR CAMA PERMIT
CAMA MINOR VIOLATION #14.08C
Dear Mr. McMahan:
This letter is in reference to our onsite November 12, 2014 meeting at Mr. White's property at 200, 207, and
209 Oaksmith Blvd, in Morehead City, Carteret County, North Carolina; The purpose of the onsite meeting
was to investigate unauthorized development at 207 Oaksmith Boulevard in the Area of Environmental
Concern (AEC). A CAMA Minor Development Permit (14-14) was issued for 200 and 209 Oaksmith
Boulevard,
Information gathered by me shows that your actions as contractor for Mr. H. Glenn White at 207 Oaksmith
Boulevard are in violation of the Coastal Area Management Act (CAMA). 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 including
grading, fill, and construction on the aforementioned property. This activity took place in an Estuarine
Shoreline that is contiguous with the Bogue Sound. Estuarine Shoreline areas are designated as Area(s) of
Environmental Concern (AEC).
You are hereby requested to STOP WORK IMMEDIATELY at 207 Oaksmith Boulevard. The property
owner or authorized agent must file the necessary application with this office for a CAMA Minor
Development Permit or permit modification by December 14, 20% NO WORK MAY PROCEED UNTIL
THE PERMIT IS ISSUED OR MODIFIED, If you comply voluntarily, no further action will be necessary
beyond the issuance of a permit.
Failure to file an application or continuation of work after receipt of this Notice may constitute a violation of
ADA/EOE/P Equal Opportunity Employer Provider
O'Mahony
November 14, 2014
Page 2 of 2
the Act and you may be subject to civil and/or criminal penalties as provided by North Carolina General
Statute (NCGS) 113A-126. 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 $1,000. An
injunction or criminal penalty may also be sought to enforce any violation in accordance with NCGS 113A-
126.
Since this is your first documented offense, there will be no assessment levied against you. However, if you
continue to violate the Coastal Area Management Act, you should consider yourself forewarned and expect
a civil assessment to be levied against you consistent with the North Carolina Administrative Code, Title
15A, Subchapter 7J, Section .0409, as adopted by the Coastal Resources Commission.
Thank you for your time and cooperation in resolving this important matter. 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 near future to determine whether this STOP WORK
ORDER has been complied with. I request that you contact me immediately about these important matters
Sincerely,
Patrick O'Mahony
Local Permit Officer
Cc: Roy Brownlow, District Manager & Compliance Coordinator, DCM
Ryan Davenport, District Compliance and Enforcement Representative, DCM