05-30C Kittrell

AN16F.N.aftmp A
NCDENR
North Carolina Department of Environment antural Resources
Division of Coastal Manageme
Michael F. Easley, Governor Charles S. Jones, Dlreetor`` Wiliam G. Ross Jr., Secretary
June 9, 2006
Mr. Roy Kittrell
P O Box 1169
Morehead City, NC 28557
RE: Payment
tteof Proposed Penalty for Violations of the Coastal Area Management Act,
C Vto�ation #05 County0
Dear Mr. Kittrell:
This letter will acknowledge receipt of your check #1271, in the amount of $350.00, and dated
June 7, 2006. Once the amount of the check is credited to. the Department of Environment and
Natural Resources' 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,
_ 4
Tere Barrett
District Manager
TB/lsb
cc: Roy Brownlow, Compliance Coordinator
Ted Tyndall, Asst. Director
Ryan Davenport, Field Representative
Mickey Suggs, COE
400 Commerce Avenue, 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
June 5, 2006
CERTIFIED MAIL
RETURN RECEIPT REQUESTED
Roy Kiftrell
40106 Arendell St.
Morehead City, NC. 28557
RE. CAMM4 VIOLATION#05-30C
Dear Mr. Kittrell:
This letter is in reference to the Notice of Violation dated February 03, 2006 that Mr. Ryan Davenport,
Coastal Management Representative for the Division of Coastal Management, issued to you for the
unauthorized excavation by kicking or prop wash, and the construction of an additional platform and boatlift
on and around your dock located within Dill Creek at 1400 Dill Creek Lane, Morehead City. The violation
involved .the Coastal Wetlands, Estuarine Waters, and Public. Trust Area, which are Areas of Environmental
Concern designated by the Coastal Resources Commission. Based upon the site visit conducted on May
18, 2006 by. Mr. Davenport, the restoration requested iscomplete to the satisfaction of the Division of
Coastal Management.
The Coastal Area Management Act provides that a civil assessment of up to $2,500 may be assessed for
any 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 Resources Commission, a proposed civil penalty in the amount of $350.00 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 $350.00 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 Avenue, Morehead City, North Carolina 28557
Phone: [phone] FAX; 252-247-33301 Internet: www.nccoastalmanagement.net
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Mr. Roy Kittrell
June 5, 2006
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,
Tere Barrett, District Manager
Division of Coastal Management
Enclosures
cc: Ted Tyndall, Assistant Director, DCM
Roy Brownlow, Compliance Coordinator, DCM
Ryan Davenport, Coastal Management Representative, DCM
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1. Article Addressed to:
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V 7 tt fig, enter delivery add
Roy Kittrell
JUN - g 2U06
40106 Arendell St
Morehead City, NC 28557
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June 5, 2006
Page 3 of 3
CAMA VIOLATION #05.30C
Roy Kittrell
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 $350.00 against me for violation of the Coastal Area
Management Act, NCGS 113A-100. et seg, committed on or near my property at 1400 Dill Creek 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 February 03, 2006, and
agree to pay the proposed civil assessment of $350.00.
DATE
SIGNATURE
ADDRESS
TELEPHONE NUMBER

���
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
-hbLSB M-RB
June 9, 2006 TB �RB;
MTT
Mr. Roy Kittrell
P O Box 1169
Morehead City, NC 28557
RE: PaymentofProapr�oeseedt Penalty for Violations of the Coastal Area Management Act,
C atCon #5-30C ty
Dear Mr. Kittrell:
This letter will acknowledge receipt of your check #1271, in the amount of $350.00, and dated
June 7, 2006. Once the amount of the check is credited to the Department of Environment'and
Natural Resources' 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
TB/lsb
cc: Roy Brownlow, Compliance Coordinator
Ted Tyndall, Asst. Director
Ryan Davenport, Field Representative
Mickey Suggs, COE
400 Commerce Avenue, Morehead City, North Carolina 28557
Phone: [phone] \ FAX: [phone] \ Internet: www.nccoastalmanagement.net
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Mr. Roy Kittrell
June 5, 2006
Page 3 of 3
CAMA VIOLATION #05-30C
Roy Kittrell
JUN - v
9 2006
AGREEMENT TO PAY PROPOSED CIVIL ASSESSMENT
MOrehead City DCM
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 $350.00 against me for violation of the Coastal Area
.Management Act, NCGS 113A-100 et seg, committed on or near my property at 1400 Dill Creek 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 February 03, 2006, and
agree to pay the proposed civil assessment of $350.00.
6 `-7-o,6
DATE
S16
eREn,
�f l ctrelc
ADDRESS
N C a$SS`7
TELEPHONE NUMBER

AllUA
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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
June 5, 2006 juv
LSB MTT
CERTIFIED MAIL TB L RB
RETURN RECEIPT REQUESTED
Roy Kittrell
40106 Arendell St.
Morehead City, NC 28557
RE. CAMA VIOLATION #05-30C
Dear Mr. Kittrell:
This letter is in reference to the Notice of Violation dated February 03, 2006 that Mr. Ryan Davenport,
Coastal Management Representative for the Division of Coastal Management, issued to you for the
unauthorized excavation by kicking or prop wash, and the construction of an additional platform and boatlift
on and around your dock located within Dill Creek at 1400 Dill Creek Lane, Morehead City. The violation
involved the Coastal Wetlands, Estuarine Waters, and Public Trust Area, which are Areas of Environmental
Concern designated by the Coastal Resources Commission. Based upon the site visit conducted on May
18, 2006 by Mr. Davenport, 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 $2,500 may be assessed for
any 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 Resources Commission, a proposed civil penalty in the amount of $350.00 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 $350.00 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 Avenue, Morehead City, North Carolina 28557
Phone: [phone] FAX: [phone] Internet: www.nccoastalmanagement.net
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Mr. Roy Kittrell
June 5, 2006
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].
y,
Sincerel
-1) lk ' - 1 t
Tere Barrett, District Manager
Division of Coastal Management
Enclosures
cc: Ted Tyndall, Assistant Director, DCM
Roy Brownlow, Compliance Coordinator, DCM
Ryan Davenport, Coastal Management Representative, DCM
U.S.
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city, sie.
Morehead City, NC 28557

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June 5, 2006
Page 3 of 3
CAMA VIOLATION #05.30C
Roy Kittrell
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 $350.00 against me for violation of the Coastal Area
Management Act, NCGS 113A-100 et se , committed on or near my property at 1400 Dill Creek 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 February 03, 2006, and
agree to pay the proposed civil assessment of $350.00.
DATE
SIGNATURE
ADDRESS
TELEPHONE NUMBER

LSB MTT
A�'TB RB
iM RB
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
5/30/06
Roy Kittrell
40106 Arendell St.
Morehead City, NC 28557
RE: RESTORATION ACCEPTANCE - CAMA VIOLATION #05-30C
Dear Mr. Kittrell:
This letter is in reference to the Notice of Violation # 05-30C sent to you dated 2/3/06 for the unauthorized
dock and excavation by kicking or prop wash in the adjacent shallow bottom and wetland within the Coastal
Wetlands, Estuarine Waters and Public Trust Areas in or near Dill Creek. The violation took place on your
property located at 1400 Dill Creek Ln. in or near the community of Morehead City in Carteret County,
North Carolina. This unauthorized activity constituted development and you were requested to restore the
coastal wetland and shallow bottom to original grade and contour. You were also requested to relocate
boatlift to comply with 1/4 rule, not to exceed 13' waterward of restored shoreline. 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 5/18/06 to inspect the restoration of the
unauthorized activity addressed in the Notice of Violation 05-30C. 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,
Ryan Davenport
Coastal Management Representative
Cc: Ted Tyndall, Assistant Director, DCM
Tere Barrett, District Manager, DCM
Roy Brownlow, Compliance Coordinator, DCM
400 Commerce Avenue, Morehead City, North Carolina 28557
Phone: [phone] \ FAX: [phone] \ Internet: www.nccoastalmanagement.net
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©� FEB 2 4 2006
NCDENR
North Carolina Department of Environment and Natural 46faklead City DCM
Division of Coastal Management
Michael F. Easley, Governor Charles S. Jones, Director William G. Ross Jr., Secretary
NOTICE OF VIOLATION
February 3, 2006
CERTIFIED MAIL
RETURN RECEIPT REQUESTED
Roy Kittrell
40106 Arendell St
Morehead City, NC 28557
�►1 •:
.%TB . .
MTT
RE: NOTICE OF VIOLATION AND REQUEST TO CEASE UNAUTHORIZED DEVELOPMENT
CAMA VIOLATION #05-30C
Dear Mr. Kittrell:
This letter confirms that on August 8, 2005, Ryan Davenport (Field Rep.) and Tere Barrett (District
Manager) were onsite at your property located at 1400 Dill Creek Ln. adjacent to Dill Creek located in or
near Morehead City, Carteret County, North Carolina. The purpose of the visit was to investigate
unauthorized development of a platform and boatlift within Dill Creek. Upon investigation, it was also noted
that kicking had taken place in the adjacent shallow bottom and coastal marsh. Again on August 11, 2005,
1 visited the site with Tere Barrett and Roy Brownlow (Compliance Coordinator), to document the extent of
the damage to resources. On February 3, 2006 another meeting was held with Roy Brownlow, Buddy
Kittrell, Roy Kittrell, and Derek Smith to discuss restoration.
Information gathered by me for the Division of Coastal Management indicates that you have undertaken
major development in violation of the Coastal Area Management Act (CAMA). No person may undertake
Major Development in a designated Area of Environmental Concern (AEC) without first obtaining a permit
from the North Carolina Department of Environment and Natural Resources. This requirement is imposed
by North Carolina General Statute (N.C.G.S.) 11 3A-1 18.
I have information that indicates you have undertaken or are legally responsible for the construction of an
unauthorized platform and boatlift on the aforementioned property. You are also legally responsible for
excavation by kicking or prop wash in the adjacent shallow bottom and coastal wetland. This activity took
place in Coastal Wetlands, Estuarine Waters and Public Trust Areas that are contiguous with Dill Creek.
Coastal Wetlands, Estuarine Waters and Public Tust Areas are designated as Areas of Environmental
Concern (AEC). No CAMA 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 and the State's Dredge and Fill Law.
I request that you immediately CEASE AND DESIST any further unauthorized activities within designated
Areas of Environmental Concern. A civil assessment of up to $2,500 may be assessed against any violator.
400 Commerce Avenue, Morehead City, North Carolina 28557
Phone: [phone] \ FAX: [phone] \ Internet: www.nccoastalmanagement.net
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!i
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k
,

Mr. Roy Kittrell
February 3, 2006
Page 2 of 4
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 up to $2,500. An injunction or criminal penalty may
also be sought to enforce any violation (N.C.G.S.113A-126).
It is the policy of the Coastal Resources Commission to levy a minimum civil assessment of $350 not to
exceed $2,500 against all violations of this type. This is done to recoup 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 area of the resources that
were affected and the extent of the damage to them.
You are also in violation of the State's Dredge and Fill Law which requires a permit from the North Carolina
Department of Environment and Natural Resources before undertaking any excavating or filling in any
estuarine waters, tidelands, marshlands, or state-owned lakes pursuant to N.C.G.S. 113-229. Therefore, I
also request that you immediately CEASE AND DESIST such unauthorized activity and contact me about
this matter as well. Violations of the State's Dredge and Fill Act may be enforced by a criminal penalty or a
civil action for damages or an injunction in accordance with N.C.G.S.113-229.
Based upon the North Carolina Administrative Code, Title 15A, Subchapter 07H. State Guidelines for Areas
of Environmental Concern, the activity you have undertaken; filling of coastal marsh, excavation of open
water and coastal marsh and construction of a dock over Y< width of the waterbody in the Coastal Wetland,
Estuarine Water and Public Trust Area AECs, is not consistent with Section 7H 0208. Therefore, I am
requesting that;
1) The 46'X25' area of fill to be removed from marsh to original grade and contour.
2) The 38'X22' area excavated in open water and coastal marsh to be restored to original
grade and contour. Filling of this area is to be accomplished with crushed shell and
heavy sand. A turbidity curtain must be employed during filling and remain in place until
all visible turbidity has cleared.
3) The existing dock must be removed such that it does not exceed'/ width of the 45'
waterbody, encroach into the Dill Creek channel or extend greater than 6' over marsh.
The enclosed Restoration Plan describes the action necessary to bring this project into compliance with the
Act. 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 near 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. If you have any questions about
this or related matters, please call me at [phone]. Upon completion of the restoration as requested
400 Commerce Avenue, Morehead City, North Carolina 28557
Phone: [phone] \ FAX: [phone] \ Internet: www.nccoastalmanagement.net
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17
Mr. Roy Kittrell
February 3, 2006
Page 3 of 4
in the Restoration Plan Agreement to the satisfaction of the Division of Coastal Management, you will be
notified as to the amount of the civil assessment for undertaking development without first obtaining the
proper permit(s) and/or development that is inconsistent with Coastal Resources Commission rules.
Sincerely
JoyRan Davenport
astal Management Representative
Cc: Ted Tyndall, Assistant Director, DCM
Tore Barrett, District Manager, DCM
Roy Brownlow, Compliance Coordinator, DCM
Patty Fowler, NC Div of Shellfish Sanitation
Trish Murphy, NC Div of Marine Fisheries
Noel Lutheran, NC Division of Water Quality
Ron Sechler, National Marine Fisheries Service
Henry Wicker, USACE
ENCLOSURE
400 Commerce Avenue, Morehead City, North Carolina 28557
Phone: [phone] FAX: [phone] Internet: www,nccoastalmanagement.net
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• Mr. Roy Kittrell
February 3, 2006
Page 4 of 4
REVISED RESTORATION PLAN
For
Roy Kittrell Property
CAMA Violation No. 05-30C
Property located at 1400 Dill Creek Ln., Carteret County
Pill Creek
` March
38'X22' area of open water to be restored to
original grade and contour
46'x25' area of fill to
be removed from
marsh to original grade Boatlift to be relocated to comply with rule, not to
and contour.
exceed 13' waterward of restored shoreline.
Approximate Restored Shoreline r
Marsh
6'X15' "L" to be placed along restored shoreline
Roy Kittrell, agree to;
1) The 46'X25' area of fill to be removed from marsh to original grade and contour.
2) The 38'X22' area excavated in open water and coastal marsh to be restored to original
grade and contour. Filling of this area is to be accomplished with crushed shell and
heavy sand. A turbidity curtain must be employed during filling and remain in place until
all visible turbidity has cleared.
3) The existing dock to be removed such that R does not exceed %width of the 45'
waterbody, encroach into the Dill Creek channel or extend greater than 6' over marsh.
I agree to complete this restoration to the satisfaction of the Division of Coastal Management (DCM) by February 28, 2006, or
provide an explanation for noncompliance and a reasonable request for time extension. When corrective actions are complete, I
will notify the DCM so the work can be inspected.
SIGNATURE:
DATE: - 3
It is the policy of the Coastal Resources Commission to levy a minimum civil assessment $350 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.
400 Commerce Avenue, Morehead City, North Carolina 28557
Phone: [phone] \ FAX: [phone] \ Internet: www.nccoastalmanagement.net
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C

DCM ENFORCEMENT TRACKING REPORT
Issuer
Field Rep. C t i 4 04Lef4 e01t Violation Base No.
LPO c 9 � -L D
(,
Violated Permit No. / d 3-7 7 C
LP1 M (if applicable)
Violation Descriptio Was/ activity permittable? Yes ( No
Initial Discovery Date �/�71 Discovery Method CA11 Sv �t.,; ji,
Violation Description T I I is A I -C % /l 0n d GpcAvAti v ✓l
0-r— -�,ri tm C� �f rL/ c4; o,,t d 4 PJc4-f,),- c mot/ (3oA-� h-C-�
Respondent Information Prior Violations in same AEC: Yes No Case Numbers=�,�l
Respondent Name(s) k q ki Ywner < <I Landogent/Contractor)
Address VO(01� c
Afe�dell 4 City/ 0(pllLefJ ('," State /UC Zip aOss
Phone #
Email
Fax #
Violation Type: Project T e: Authorizations Required: Site Visits Respondent Site Visits Respondent
P1bl6r Present Present
No Permit PrivatelCommunit)Major) CAMA J
Permit Condition Govt./Public inor D& S/ f//��
Expired Permit Commercial General
nconvstent w/ Rules
Violation Location and Site Description
Project Location: County C14/frti7-
Street Address/ State Road/ Lot #(s)
fyao O 11 Creek GP7
Subdivision fJ44%r FAa"-?
City (")ore�eA/0 ZIP �n'
Phone # ( ) River Basin � i 4 O f c
Adj. Wtr. Body of 11 nat man /unkn)
Closest Maj. Wtr. Body
Restoration
NOV Date ?-i/r ' / ,
CNOV Date
Penalty Assessment
Sent to Respondent Date
Rcvd. by Dist. Mgr. Date
Assessment Extended Yes No
Initial Req. Comp. Date
Date Comp. Observed
Rover File
Shpceline (.ength
33r
'
SAV:
Not Sure Yes
Sandbags:
Not Sure Yes
No
PNA:
a
No Adjacent
ORW:
Yes
(3 Aclacent
Crit. Hab.
Yes
No
Photos
Yes
No
Waiver Required
Yes
Q
In DWQ Buffer Area Yes No
Extension Granted Yes No
Restoration Letter
Acceptance Date
7JJ..004 9 ef.
Recomm. Assess.
App./Permit Fee
Ct/�f
$
$
Penaltyr`T�
7
Willful/Intent.
$
$
Continuing
$
$
Other
$
$
Total
o
35V '
DCM Assess.

Formal Assessments, Appeals and Reductions
Date Long Form Submitted
Date Formal CPA Submitted
Final Assessment $ Date
Attorney General's Office for Injunction or Formal Collection
Date sent to AG
Assessment Appealed Yes No
„ Penalty modified
Respondent not responsive to penalty/NOV Injunction to complete restoration
Date Collection Let. Sent. Date Demand Let. Sent
Violation Activities and Impacts
AECs Affected:
EW APT / ES PTS
Wetlands Impacted? Yes / No If yes, which types:
SA DS CI SY IR LS TY
OEA HHF IH
SC SP 404
PWS: FC:
Other:
Restoration Required by the Respondent Yes /
No
Dimensions in excess
of permit/ unauthorized activities
Dimensions to restore Final dimensions Actually restored
allowed
Development Activities a ,.
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Closing
Payment Received $ Date Date Case Closed

r
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
5/30/06
Roy Kittrell
40106 Arendell St.
Morehead City, NC 28557
RE: RESTORATION ACCEPTANCE — CAMA VIOLATION #05-30C
Dear Mr. Kittrell:
This letter is in reference to the Notice of Violation # 05-30C sent to you dated 2/3/06 for the unauthorized
dock and excavation by kicking or prop wash in the adjacent shallow bottom and wetland within the Coastal
Wetlands, Estuarine Waters and Public Trust Areas in or near Dill Creek. The violation took place on your
property located at 1400 Dill Creek Ln. in or near the community of Morehead City in Carteret County,
North Carolina. This unauthorized activity constituted development and you were requested to restore the
coastal wetland and shallow bottom to original grade and contour. You were also requested to relocate
boatlift to comply with'/o rule, not to exceed 13' waterward of restored shoreline. In accordance with the
North Carolina Administrative Code, Title 15A, Subchapter 710410, 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 5/18/06 to inspect the restoration of the
unauthorized activity addressed in the Notice of Violation 05-30C. 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,
j
i'
. Ryan Davenport
Coastal Management Representative
Cc: Ted Tyndall, Assistant Director, DCM
Tere Barrett, District Manager, DCM
Roy Brownlow, Compliance Coordinator, DCM
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

'r
r
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
NOTICE OF VIOLATION (� �_
August 12, 2005 c. LLowana _Kred
CERTIFIED MAIL A"onda oy
RETURN RECEIPT REQUESTED I
Roy Kittrell
40106 Arendell St
Morehead City, NC 28557
RE: NOTICE OF VIOLATION AND REQUEST TO CEASE UNAUTHORIZED DEVELOPMENT
CA MA VIOLATION #05-30C
Dear Mr. Kittrell:
This letter confirms that on August 8, 2005, Ryan Davenport (Field Rep.) and Tere Barrett (District
Manager) were onsite at your property located at 1400 Dill Creek Ln. adjacent to Dill Creek located in or
near Morehead City, Carteret County, North Carolina. The purpose of the visit was to investigate
unauthorized development of a platform and boatlift within Dill Creek. Upon investigation, it was also noted
that kicking had taken place in the adjacent shallow bottom and coastal marsh. Again on August 11, 2005,
1 visited the site with Tere Barrett and Roy Brownlow (Compliance Coordinator), to document the extent of
the damage to resources.
Information gathered by me for the Division of Coastal Management indicates that you have undertaken
major development in violation of the Coastal Area Management Act (CAMA). No person may undertake
Major Development in a designated Area of Environmental Concern (AEC) without first obtaining a permit
from the North Carolina Department of Environment and Natural Resources. This requirement is imposed
by North Carolina General Statute (N.C.G.S.) 113A-118.
1 have information that indicates you have undertaken or are legally responsible for the construction of an
unauthorized platform and boatlift on the aforementioned property. You are also legally responsible for
excavation by kicking or prop wash in the adjacent shallow bottom and coastal wetland. This activity took
place in Coastal Wetlands, Estuarine Waters and Public Trust Areas that are contiguous with Dill Creek.
Coastal Wetlands, Estuarine Waters and Public Tust Areas are designated as Areas of Environmental
Concern (AEC). No CAMA 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 and the State's Dredge and Fill Law.
I request that you immediately CEASE AND DESIST any further unauthorized activities within designated
Areas of Environmental Concern. A civil assessment of up to $2,500 may be assessed against any violator.
Each day that the development described in this notice is continued or repeated may constitute a separate
400 Commerce Avenue, Morehead City, North Carolina 28557
Phone: [phone] \ FAX: [phone] \ Internet: www.nccoastaimanagement.net
An Equal Opportunity \ Affirmative Action Employer - 500� Recycled 100. Post Consumer Paper

f
Roy Kittrell
August 12, 2005
Page 2 of 4
violation that is subject to an additional assessment of up to $2,500. An injunction or criminal penalty may
also be sought to enforce any violation (N.C.G.S. 113A-126).
It is the policy of the Coastal Resources Commission to levy a minimum civil assessment of $350 not to
exceed $2,500 against all violations of this type. This is done to recoup 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 area of the resources that
were affected and the extent of the damage to them.
You are also in violation of the State's Dredge and Fill Law which requires a permit from the North Carolina
Department of Environment and Natural Resources before undertaking any excavating or filling in any
estuarine waters, tidelands, marshlands, or state-owned lakes pursuant to N.C.G.S. 113-229. Therefore, I
also request that you immediately CEASE AND DESIST such unauthorized activity and contact me about
this matter as well. Violations of the State's Dredge and Fill Act may be enforced by a criminal penalty or a
civil action for damages or an injunction in accordance with N.C.G.S. 113-229.
Based upon the North Carolina Administrative Code, Title 15A, Subchapter 07H. State Guidelines for Areas
of Environmental Concern, the activity you have undertaken; filling of coastal marsh, excavation of open
water and coastal marsh and construction of a dock over Y4 width of the waterbody in the Coastal Wetland,
Estuarine Water and Public Trust Area AECs, is not consistent with Section 7H 0208. Therefore, I am
requesting that;
1) The 46'X25' area of fill to be removed from marsh to original grade and contour.
2) The 38'X22' area excavated in open water and coastal marsh to be restored to original
grade and contour. Filling of this area is to be accomplished with crushed shell and
heavy sand. A turbidity curtain must be employed during filling and remain in place until
all visible turbidity has cleared.
3) The existing dock must be removed such that it does not exceed'i width of the 45'
waterbody, encroach into the Dill Creek channel or extend greater than 6' over marsh.
The enclosed Restoration Plan describes the action necessary to bring this project into compliance with the
Act. 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 near 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. If you have any questions about
this or related matters, please call me at [phone]. Upon completion of the restoration as requested
in the Restoration Plan Agreement to the satisfaction of the Division of Coastal Management, you will be
400 Commerce Avenue, Morehead City, North Carolina 28557
Phone: [phone] \ FAX: [phone] \ Internet: www.nccoastalmanagement.net
An Equal Opportunity \ Affirmative Action Employer — 501. Recycled \ 100. Post Consume, Paper

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Boy Kittrell
August 12, 2005
Page 3 of 4
notified as to the amount of the civil assessment for undertaking development without first obtaining the
proper permit(s) and/or development that is inconsistent with Coastal Resources Commission rules.
Sincerely,
ian Davenport
tal Management Representative
Cc: Ted Tyndall, Assistant Director, DCM
Tere Barrett, District Manager, DCM
Roy Brownlow, Compliance Coordinator, DCM
Patty Fowler, NC Div of Shellfish Sanitation
Trish Murphy, NC Div of Marine Fisheries
Noel Lutheran, NC Division of Water Quality
Ron Sechler, National Marine Fisheries Service
Henry Wicker, USACE
ENCLOSURE
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

Roy Kittrell
August 12, 2005
Page 4 of 4
46'x25' area of fill to
be removed from
marsh to original grade
and contour.
I, Roy Kittrell, agree to;
RESTORATION PLAN
For
Roy Kittrell Property
CAMA Violation No. 05-30C
Property located at 1400 Dill Creek Ln., Carteret County
Till Creek
March
38'X22' area of open water to be restored to
original grade and contour
Dock to be removed such that it does not exceed 1/4the width of the 45'
water body. encroach into the Dill Creek channel or extend greater than 6' over
marsh. Plitt to be submitted and approved prior to reconstruction.
.. � b fir �.�y • �,
Approximate Restored Shoreline
Marsh
1) The 46'X25' area of fill to be removed from marsh to original grade and contour.
2) The 38'X22' area excavated in open water and coastal marsh to be restored to original
grade and contour. Filling of this area is to be accomplished with crushed shell and
heavy sand. A turbidity curtain must be employed during filling and remain in place until
all visible turbidity has cleared.
3) The existing dock to be removed such that it does not exceed Ya width of the 45'
waterbody, encroach into the Dill Creek channel or extend greater than 6' over marsh.
y agree to complete this restoration to the satisfaction of the Division of Coastal Management (DCM) by September 12, 2005, or
provide an explanation for non-compliance and a reasonable request for time extension. When corrective actions are complete, I
;twill notify the DCM so the work can be inspected.
r
SIGNATURE:
DATE:
It is the policy of the Coastal Resources Commission to levy a minimum civil assessment $350 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.
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

Roy Kittrell
August 12, 2005
Page 4 of 4
RESTORATION PLAN
For
Roy Kittrell Property
CAMA Violation No. 05.30C
Property located at 1400 Dill Creek Ln., Carteret County
I, Roy Kittrell, agree to;
1) The 46'X25' area of fill to be removed from marsh to original grade and contour.
2) The 36'X22' area excavated in open water and coastal marsh to be restored to original
grade and contour. Filling of this area is to be accomplished with crushed shell and
heavy sand. A turbidity curtain must be employed during filling and remain in place until
all visible turbidity has cleared.
3) The existing dock to be removed such that it does not exceed r/4 width of the 45'
waterbody, encroach into the Dill Creek channel or extend greater than 6' over marsh.
I agree to complete this restoration to the satisfaction of the Division of Coastal Management (DCM) by September 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 DCM so the work can be inspected.
SIGNATURE:
DATE:
It is the policy of the Coastal Resources Commission to levy a minimum civil assessment $350 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.
400 Commerce Avenue, Morehead City, North Carolina 28557
Phone: [phone] \ FAX: [phone] \ Internet: www.nccoastalmanagement.net
An Equal Opponunity\ Affirmative Action Employer - 50% Recycled \ 10% Post Consumer Paper

Kittrell Violation
Subject: Kittrell Violation
From: Ryan Davenport <Ryan. Davenport@ncmail. net>
Date: Tue, 30 May 200610:17:22 -0400
To: Roy Brownlow<Roy. [e-mail]>
1 of 2
5/30/2006 10:16 AM

' :ittrell Violation
MVC-003F.JPG Content -Type: image/jpeg
Content -Encoding: base64
MVC-002F.JPG Content -Type: image/jpeg
Content -Encoding: base64
2 of 1 5/30/2006 10:16 AM

Expre-Ns
01 / 19/2006
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Aug 12, 2005

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State of North Carolina
Reply To:
Meredith to Alcoke
ROY COOPER
Department of Justice
Assistant Attomey General
400 Commerce Avenue
ATTORNEY GENERAL
9001 Mail Service Center
Morehead City, NC 28557
RALEIGH. NORTH CAROLINA
252-808-2808 (ph)
77699c Nl
252-247-3330 (fax)
ATTORNEY -CLIENT PRIVILEGED AND ATTORNEY WORK PRODUCT
MEMORANDUM
/
TO: Roy Brownlow
Tere Barrett
Ryan Davenport
FROM: Merrie Jo Alcoke
r
RE: Kittrell Complaint
DATE: January 18, 2006
Please find enclosed a DRAFT Complaint for the Kittrell violation, as well as a "last
chance" letter. Please review the letter first so I can go ahead and send it. Then, please review
the Complaint and let me know your comments. You will see where I have specific questions of
Staff. It is ready for filing as soon as we polish up those issues I have identified and get a copy of
the deed.

ROY COOPER
Attorney General
Mr. Roy Kittrell
4016 Arendell Street
Morehead City, NC 28557
czT --ri
Re: Violations of
Dear Mr. Kittrell:
��arwM�
State of North Carofina
(Department oflustice
400 Commerce Avenue
Morehead City, NC 28557
January 19, 2006
Phone: [phone]
Fax: [phone]
The Division of Coastal Management ("DCM") of the Department of Environment and
Natural Resources ("DENR") has requested the Attorney General's Office commence a lawsuit
against you to restore violations adjacent to your property at 1400 Dill Creek Lane in Morehead City,
North Carolina.
My client understands your position that you did not violate the terms of your CAMA general
permit or any other applicable rules. However, DCM continues to believe that you are responsible
for unauthorized excavation and fill as well as the unauthorized construction of platform and boat
lift.
The purpose of this letter is to afford you a final opportunity to restore the violations prior
to the filing of a complaint in Carteret County Superior Court. Please contact Ryan Davenport
immediately at the number on this letterhead if you will agree to resolve the violations by restoring
the resources as requested. Please note that you will be assessed a civil penalty at the conclusion of
this matter, whether it is resolved in court or by agreement.
Sincerely,
Meredith Jo Alcoke
Assistant Attorney General
cc: Ted Tyndall, DCM Assistant Director
Roy Brownlow, DCM Compliance Coordinator
Tere Barrett, DCM District Manager
Ryan Davenport, DCM Field Representative

1�*V.4r 11 Ob
STATE OF NORTH CAROLINA
COUNTY OF CARTERET
STATE OF NORTH CAROLINA, ex reL,
WILLIAM G. ROSS, JR., Secretary,
DEPARTMENT OF ENVIRONMENT
AND NATURAL RESOURCES,
ROY KITTRELL,
Plaintiff,
►v
Defendant.
IN THE GENERAL COURT OF JUSTICE
SUPERIOR COURT DIVISION
05 CVS
COMPLAINT AND MOTION FOR
PRELIMINARY MANDATORY
INJUNCTION
Plaintiff complaining of the Defendant, alleges and says:
SUMMARY'
The Coastal Area Management Act ("CAMA") and the rules of the N.C. Coastal
Resources Commission ("CRC") require every person to obtain a permit consistent with the
CRC's development standards before undertaking any "development" in duly designated areas of
environmental concern ("AECs"). N.C.G.S. § 113A-118(a). "Development" is broadly defined
in G.S. § 113A-103(5)a. and includes "any activity in a duly designated area of environmental
concern ... involving, requiring, or consisting of the construction or enlargement of a stricture."
In G.S. § 113-229(a), the Dredge and Fill Law also requires every person to obtain a permit
before any excavation or filling project is begun in marshlands or tidelands.
Defendant was issued a CAMA permit to construct a simple access pier with a boatlift.
Instead, Defendant constricted an access pier with a platform and two boatlifts. Defendant also

S`ps�'
excavated shallow bottom/ and coastal wetlands in order to deepen the water in the vicinity of
the unlawful platform and boatlifts. Had Defendant applied for a permit for these activities, the
application would have been denied. The State has issued a Notice of Violation and a
Continuing Notice of Violation to Defendant demanding that the resources be restored, but
Defendant has not complied with these requests.
The Director of the Division of Coastal Management has requested that the Attorney
General file this action to request that the Court issue an order requiring Defendant to restore the
coastal wetlands, estuarine waters, and public trust $Pea --resources by removing the unlawful
structures and by returning the affected bottoms and marsh area to their original grade and
contours.
PARTIES
1. Plaintiff is the sovereign State of North Carolina. The Department of Environment and
Natural Resources ("Department" or "DENR") is an agency of the State established
pursuant to the provisions of N.C. Gen. Stat. § 143B-279.1; William G. Ross, Jr. is the
Department's Secretary.
2. Plaintiff is authorized to bring this action for a mandatory injunction pursuant to G.S. §
113A-126(a) of CAMA (G.S. §§ 113A-100 et seq.).
3. Defendant Roy Kittrell owns real property in Carteret County, North Carolina. Defendant
is a citizen and resident of Carteret County and is without legal disability.
JURISDICTION AND VENUE
04

4. The Superior Court has jurisdiction over an action for injunctive relief under G.S. §
7A-245 to compel enforcement of any statute, ordinance, or regulation and under G.S. §
113A-126 to restrain the violation of any provisions of CAMA, or any rule or order
adopted under the authority of CAMA.
5. The Superior Court has personal jurisdiction over Defendant under G.S. § 1-75.4 (1) and
6. Carteret County is a proper venue for this action because the Defendant's property, which
is the subject of this action, is located in Carteret County. G.S. §§ 1-76, 1-82.
ALL GATIONS
7. Defendant owns property at 1400 Dill Creek Lane, in Morehead City, Carteret County,
where the violations that are the subject of this action occurred. See Deed attached hereto
as Exhibit A and incorporated by reference. Get David Taylor to pull actual deed.
8. On June 7, 2005, Defendant was issued CAMA General Pernit No. 40377-C. This
permit authorized Defendant to undertake development in Dill Creek, a creek off the
Newport River in western Carteret County. Specifically, the permit authorized Defendant �y
to construct a dock 60 feet long and 5 feet wide. (Sketch shows 6 feet wide but notes on
'//
left side of permit say 5 feet; pis advise) The permit further authorized construction of a /
boatlift measuring 13' by 13'. See CAMA General Permit attached hereto as Exhibit B
and incorporated by reference.
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-tom— �l,b1 ew.c� ow 10� [M • �i J

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9. On August 7, 2005, Division of Coastal Management ("DCM") Field Representative
Ryan Davenport conducted an inspection of Defendant's property in order to determine if
the structures authorized under the CAMA General Permit had been constructed in
accordance with the permit and the applicable rules. Upon discovering the violations
alleged herein, Davenport returned to the property on August 8, 2005, with his supervisor,
DCM District Manager Tere Barrett. On August 11, 2005, Davenport and Barrett
conducted a site inspection with DCM Compliance Coordinator Roy Brownlow in order
to document the extent of damage to the resources.
10. During these inspections, the DCM representatives discovered that Defendant was
responsible for unlawful excavation by "kicking" or "prop washing" shallow bottom and
coastal wetlands. The materials appeared recently excavated, and living marsh and root
mat could be observed. In addition, the DCM representatives discovered that Defendant
was responsible for construction of a platform and a second boatlift, neither of which
were authorized by the permit. These violations are described in further detail below.
Unlawful Excavation and Fill
11. Defendant is responsible for excavation of shallow bottoms and coastal wetlands to a
depth of approximately'3 fee an area measuring approximately 38' by 22'. Upon
A information and belief, this excavation was accomplished using a boat propellor to "kick"
a the materials up onto the surrounding coastal wetlands. The impacted coastal wetlands
are vegetated primarily with Snartina alterniflora and Juncus romerianus. The coastal
13

wetland area impacted by thisp-ilI measures approximately 6 inche deep for in an area
measuring approximately 46' by 25'.
12. The excavation and filling of coastal wetlands constitutes "development" as defined in
G.S. § 113A-103(5)(a), because the definition of "development" specifically includes
"excavation" and "filling" in a duly designated AEC. Pufsuant to G.S. § 113A-113, the
CRC has identified certain geographic areas as AECs and adopted standards for
development within them.
13. The Defendant's excavation and fill activity took place in coastal wetlands, public trust
areas and estuarine waters, which are each designated AEC's pursuant to G.S. § 113A-
113(b). The coastal wetlands AEC is further defined in G.S. § 113-229(n)(3)(Dredge and
Fill Law) and the CRC's rules at 15A NCAC 71-1.0201 and .0205(a). The estuarine
waters and public trust area AECs are further defined in the CRC's rules at 15A NCAC
7H .0206 and .0207.
14. In G.S. § 113A-118(a), CAMA requires every person to obtain a permit consistent with
the CRC's development standards before undertaking any development in any AEC. In
G.S. § 113-229(a), the Dredge and Fill Law also requires every person to obtain a permit
before any excavation or filling project is begun in marshlands or tidelands. No permit
was issued to Defendant for the type of development he undertook. If Defendant had
applied for such a permit, it would have been denied
that would prohibit excavation. J Ir^ I
LAOL �
.. need specific rule cites
t �O� Id /A 19
3 z�
_ _ .,►1,74
j
a.A. Q LIX s

3�-Nt 0-roNk
�. oll- ,
Div, t i ,,_� a _
1—�:_�--
C/7 o
cv

Unlaw 1 Co truction of Platform and Boatliftar
1
15. Defendant constructed y 17.5' platform in the area that he unlawfully excavated. Now
platform was authorized under Defendant's CAMA General Permit. Defendant also
a�
installed two boatlifts on either side of the unlawful platform. Only one boatlift was ,S
authorized under Defendant's CAMA General Permit.
P�
16. The unlawful construction of a platform and boatlifts constitutes "development" as Q a"
defined in G.S. § 113A-103(5)(a), because the definition of development specifically
includes "construction" of a structure; "driving of pilings"; and the "alteration of the ...
bottom of ... any sound, bay, river, creek, stream, lake, or canal" in an area of
environmental concern identified in G.S. 113A-113(b)(2) or (b)(5)." The construction
activities took place in the estuarine waters and public trust areas of environmental
concern (AECs), which are designated AECs pursuant to G.S. § 113A-113(b)(2) and -
I I3(b)(5). The AECs are further defined in the Commission's rules at 15A NCAC 7H
0206 and .0207, and the specific standards for development within these AECs are found
in .0208. The applicable rules are attached as Exhibit B and incorporated by reference.
17. In G.S. § 113A-118(a), CAMA requires every person to obtain a permit consistent with
the CRC's development standards before undertaking any development in any AEC No
sl permit was issued to Defendant for development within the estuarine water �nd public
1
0-111Q
trust area AECs. If Defendant had applied for such a permit, the development could not
have been authorized for two primary reasons. l {

18. The development could not have been authorized because it violates the CRC's rule
regarding pier length. The CRC's use standards require that docks and piers shall not
extend more than one-fourth the width of a natural water body. 15A NCAC 7H
.0208(b)(6)(J)(iii). Measurements to determine widths of the water body, canals or basins
shall be made from the waterward edge of any coastal wetland vegetation which borders
the water body. See applicable rule at 15A NCAC 711.0208(b)(6)(J)(iii), Exhibit B. In
this case, the width of Dill Creek is 45 feet as measured from the waterward edge of the
marsh on either side. Defendant's platform and boatlifts both extend more 11.25 feet
beyond the historical marsh line (before unlawful excavation).
19. the development also could ave been authorized because violates the_'O&C' rule
prohi 'ting pl rms over coas. The C's use stand\watersbut
""i
platfo s d decks XC\
an six feet o ny dimenser
astal wetlands." 1)(6)(E). In this c e, Deit
to co tructa 6-footcoa 1 wetlands and o e;
' ( constructed a platform mea rig 6' \.5' feet, in art over the his = arsh line
20. Defendant originallkproposed to construct ttie platform and second boat lift when he first
applied for a permit but those structures were not authorized on the permit due to their
inconsistency with the CRC's rules. See September 1, 2005 Letter, attached hereto as
Exhibit _ and incorporated by reference.
7

Notices of Violation
21. On , 2005, (green card not attached to long form and not in file) Defendant
was served by certified mail, return receipt requested, with a Notice of Violation (Case
No. 05-30C) for the unauthorized development described above. The Notice required
Defendant to cease and desist from the violation and comply with the terms of the
restoration agreement attached to the Notice. The restoration agreement instructed
Defendant to sign and return the agreement within 10 days if he intended to comply with
the restoration request. The Notice ordered Defendant to remove the fill material placed
in coastal wetlands; to restore the excavated area to its original grade and contour; to
remove the dock structures so that no structure exceeds one-fourth the width of the
waterbody or encroaches into the Dill Creek channel; and to remove the dock structures
that extend greater than 6 feet over the marsh. The corrective actions were required to be
undertaken within 30 days, or by September 12, 2005. The restoration agreement was
never returned and signed. See Notice of Violation and Restoration Plan, dated August
12, 2005, and return receipt card, attached hereto as Exhibit C and incorporated by
reference.
22. By letter dated August 21, 2005, Defendant responded to the Notice of Violation by
stating that he did not participate in or have any knowledge of the alleged unlawful
activities and that he complied with the permit issued to him.

%i
10
23. On
3.
Ive
(CNOV documents not attached to long form or in rile), Defendant
was served by certified mail, return receipt requested, with a Notice of Continuing
Violation. The Notice of Continuing Violation confirmed that _ and notified
Defendant that an injunction or criminal penalty may be sought to enjoin the violation.
The Notice also informed Defendant that his violation was willful and continuing and
therefore subject to daily penalties. See Notice of Continuing Violation and Restoration
Plan, dated July 17, 2002, and return receipt card, attached hereto as Exhibit and mo inco crated b reference t 6o'e,
0
u�
rP Y �,, (p� `-•� �c�l1J� ¢ ((� 5 � t� � (�
To date, the Defendant has completed no work toward satisfying the restoia ion plan. j
REQUEST FOR PRELIMINARY MANDATORY INJUNCTION
�\ 1
Plaintiff has no adequate remedy at law. The impacts to coastal wetlands, estuarine
r,�'D
waters, and public trust areas caused by Defendant's development activities can only be
IS
0
remedied by an order requiring Defendant to restore the resource.
G.S. § 113A-126 authorizes institution of a civil action upon violation of any of the
provisions of CAMA or any rule or order adopted under CAMA, for injunctive relief t
restrain the violation, and for a preliminary and permanent mandatory injunction to
restore the resources consistent with CAMA and the rules of the Coastal Resources
Commission.
G.S. § 113A-126 provides that if the court finds that a violation has occurred, the court
shall, at a minimum, order the relief necessary to abate the violation consistent with
W

4.
5.
Q
CAMA and the rules of the Commission. The Plaintiff, having shown the violation, now
requests abatement of the violation. State ex rel. Cobey v. Simpson, 333 N.C. 81, 423
S.E.2d 759 (1992) (once a violation of CAMA is found, a court must require restoration
of the resources to the fullest extent practicable without regard to economic
considerations pursuant to G.S. § 113A-126(a)).
Under G.S. § 7A-245, the Superior Court is authorized to grant injunctive relief to
compel enforcement of any statute, ordinance, or regulation.
The excavation of coastal wetlands and shallow bottoms and the accompanying fill of
adjacent coastal wetlands has resulted in, and continues to result in, irreparable and
immediate harm to those resources and the Plaintiff has no other adequate remedy at law. 9
S '
The unlawful construction and installation of platform and boatlifts further impacts the
estuarine waters and public trust area AEC's as well as the general public whose public
trust rights are impacted by the development.
Unless and until this Court issues a preliminary mandatory injunction compelling
Defendant to restore the violations, the Plaintiff will continue to suffer irreparable injury
to the resources which it is entrusted to protect.
The injury is continuing and is immediate, irreparable, and clearly established by this
verified complaint, and has been and continues to be wrongfully inflicted.
10

WHEREFORE, Plaintiff prays the Court to:
Treat this complaint as a motion for preliminary mandatory injunction compelling
Defendant (1) to restore the affected area to the condition it was in prior to the unauthorized
excavation and filling of coastal wetlands; (2) to remove all dock and pier structures of any, type
Z=ZL
that unlawfully extend beyond one -quarter the width of the water body; (3 eck
); and (4)
n s as me y e oca ion o coas a w rior to
De ).
Order Defendant to effect restoration of each of these violations within thirty (30)
days, and to perform all such restoration under the supervision of, and to the satisfaction of
Plaintiff.
3. Treat this verified complaint as an affidavit in support of the motion for a
preliminary mandatory injunction.
4. That, upon a hearing on the merits, the terms of the preliminary injunction be
made a mandatory, permanent injunction.
Restrain the Defendant from any future violations of CAMA and the Dredge and
Fill Law by ordering that Defendant obtain permits prior to undertaking development and comply
with the terms of any existing permits.
6. Tax the cost of this action against Defendant.
11

Grant such other and further relief as it deems just and proper.
This the _ day of January, 2006.
12
ROY COOPER
Attorney General
Meredith Jo Akoke
Assistant Attorney General
Environmental Division
400 Commerce Avenue
Morehead City, NC 28557
252-808-2808(ph)
252-247-3330 (fax)

STATE OF NORTH CAROLINA
VERIFICATION
COUNTY OF CARTERET
Ryan Davenport, first being duly swom, deposes and says that he is a Field
Representative for the Division of Coastal Management, Department of Environment, and
Natural Resources, and he has read the foregoing Complaint and that he is familiar with all the
facts and circumstances stated therein; that the same is true within the scope of his knowledge
except as to those matters and things stated and alleged upon information and belief, and as to
those matters and things, he believes them to be true.
This is the _ day of , 2006.
Sworn to (or affirmed) and subscribed
before me this day of 2006.
Notary Public
My commission expires:
(SEAL)
13
RYAN DAVENPORT

Reply To:
State of North Carolina Meredith Jo Alcoke
Department of Justice Assistant Attorney General
ROY COOPER 400 Commerce Avenue
ATTORNEY GENERAL 9001 Mail Service Center Morehead City, NC 28557
RALEIGH, NORTH CAROLINA 252-808-2808 (ph)
27699.9001 252-247-3330 (fax)
ATTORNEY -CLIENT PRIVILEGED AND ATTORNEY WORK PRODUCT
MEMORANDUM
TO: Roy Brownlow
Tere Barrett
Ryan Davenport
FROM: Merrie Jo Alcoke
Kittrell Complaint
DATE: January 18, 2006
Please find enclosed a DRAFT Complaint for the Kittrell violation, as well as a "last
chance" letter. Please review the letter first so I can go ahead and send it. Then, please review
the Complaint and let me know your comments. You will see where I have specific questions of
Staff. It is ready for filing as soon as we polish up those issues I have identified and get a copy of
the deed.

ROY COOPER
Attorney Gene 1
�I
Mr. Roy Kittrell
4016 Arendell Street
Morehead City, NC 28557
a
State of North Carorina
Department oflustice
400 Commerce Avenue
Morehead City, NC 28557
January 19, 2006
Re: Violations of the Coastal Area Management Act (CAMA)
Dear Mr. Kittrell:
Phone: [phone]
Fax: [phone]
The Division of Coastal Management ("DCM") of the Department of Environment and
Natural Resources ("DENR") has requested the Attorney General's Office commence a lawsuit
against you to restore violations adjacent to your property at 1400 Dill Creek Lane in Morehead City,
North Carolina.
My client understands your position that you did not violate the terms of your CAMA general
permit or any other applicable rules. However, DCM continues to believe that you are responsible
for unauthorized excavation and fill as well as the unauthorized construction of platform and boat
lift.
The purpose of this letter is to afford you a final opportunity to restore the violations prior
to the filing of a complaint in Carteret County Superior Court. Please contact Ryan Davenport
immediately at the number on this letterhead if you will agree to resolve the violations by restoring
the resources as requested. Please note that you will be assessed a civil penalty at the conclusion of
this matter, whether it is resolved in court or by agreement.
Sincerely,
Meredith Jo Alcoke
Assistant Attorney General
cc: Ted Tyndall, DCM Assistant Director
Roy Brownlow, DCM Compliance Coordinator
Tere Barrett, DCM District Manager
Ryan Davenport, DCM Field Representative

P 4t 111(b
STATE OF NORTH CAROLINA
COUNTY OF CARTERET
STATE OF NORTH CAROLINA, ex rel.,
WILLIAM G. ROSS, JR., Secretary,
DEPARTMENT OF ENVIRONMENT
AND NATURAL RESOURCES,
ROY KITTRELL,
Plaintiff,
V.
Defendant.
IN THE GENERAL COURT OF JUSTICE
SUPERIOR COURT DIVISION
05 CVS
COMPLAINT AND MOTION FOR
PRELIMINARY MANDATORY
INJUNCTION
Plaintiff complaining of the Defendant, alleges and says:
SUMMARY
The Coastal Area Management Act ("CAMA") and the rules of the N.C. Coastal
Resources Commission ("CRC") require every person to obtain a permit consistent with the
CRC's development standards before undertaking any "development" in duly designated areas of
environmental concern ("AECs"). N.C.G.S. § 113A-118(a). "Development" is broadly defined
in G.S. § 113A-103(5)a. and includes "any activity in a duly designated area of environmental
concern ... involving, requiring, or consisting of the construction or enlargement of a structure."
In G.S. § 113-229(a), the Dredge and Fill Law also requires every person to obtain a permit
before any excavation or filling project is begun in marshlands or tidelands.
Defendant was issued a CAMA permit to construct a simple access pier with a boatlift. -, p,
Instead, Defendant constructed an
�� k
a platform and two boatlifts. Defendant also OLI'C"dGAI�
2p

excavated shallow bottom and coastal wetlands in order to deepen the water in the vicinity of
the unlawful platform and boatlifts. Had Defendant applied for a permit for these activities, the
application would have been denied. The State has issued a Notice of Violation and a
Continuing Notice of Violation to Defendant demanding that the resources be restored, but
Defendant has not complied with these requests.
The Director of the Division of Coastal Management has requested that the Attorney
General file this action to request that the Court issue an order requiring Defendant to restore the
coastal wetlands, estuarine waters, and public trust area resources by removing the unlawful
structures and by returning the affected bottoms and marsh area to their original grade and
contours.
PARTIES
1. Plaintiff is the sovereign State of North Carolina. The Department of Environment and
Natural Resources ("Department" or "DENR") is an agency of the State established
pursuant to the provisions of N.C. Gen. Stat. § 14313-279.1; William G. Ross, Jr. is the
Department's Secretary.
2. Plaintiff is authorized to bring this action for a mandatory injunction pursuant to G.S. §
113A-126(a) of CAMA (G.S. §§ 113A-100 et seq.).
3. Defendant Roy Kittrell owns real property in Carteret County, North Carolina. Defendant
is a citizen and resident of Carteret County and is without legal disability.
JURISDICTION AND VENUE
2

4. The Superior Court has jurisdiction over an action for injunctive relief under G.S. §
7A-245 to compel enforcement of any statute, ordinance, or regulation and under G.S. §
113A-126 to restrain the violation of any provisions of CAMA, or any rule or order
adopted under the authority of CAMA.
5. The Superior Court has personal jurisdiction over Defendant under G.S. § 1-75.4 (1) and
(6).
6. Carteret County is a proper venue for this action because the Defendant's property, which
is the subject of this action, is located in Carteret County. G.S. §§ 1-76, 1-82.
ALLEGATIONS
7. Defendant owns property at 1400 Dill Creek Lane, in Morehead City, Carteret County,
where the violations that are the subject of this action occurred. See Deed attached hereto
as Exhibit A and incorporated by reference. Get David Taylor to pull actual deed.
8. On June 7, 2005, Defendant was issued CAMA General Permit No. 40377-C. This
permit authorized Defendant to undertake development in Dill Creek, a creek off the
Newport River in western Carteret County. Specifically, the permit authorized Defendant
y�9 , �A2fcZ—C
to construct a dock 60 feet long and 5 feet wide n 77r-
The permit further autl rrized construction of a
boatlift measuring 13' by 13'. See CAMA General Permit attached hereto as Exhibit B
and incorporated by reference.
3

zv�D _
ye,� f�(� � 6�•�,/ k� sc r,vc�� ram_
9. On August 7, 2005, Division of Coastal Managemen M") Field Representative
Ryan Davenport conducted an inspection of Defendant's property in order to determine if
the structures authorized under the CAMA General Permit had been constructed in
accordance with the permit and the applicable rules. Upon discovering the violations
alleged herein, Davenport returned to the property on August 8, 2005, with his supervisor,
DCM District Manager Tere Barrett. On August 11, 2005, Davenport and Barrett
conducted a site inspection with DCM Compliance Coordinator Roy Brownlow in order
to document the extent of damage to the resources.
10. During these inspections, the DCM representatives discovered that Defendant was
4 SuSs/ro#e
responsible for unlawful excavation by "kicking" or "prop washing'
�shallow botton#nd
coastal wetlands. The materials appeared recently excavated, and living marsh and root
mat could be observed. In addition, the DCM representatives discovered that Defendant
was responsible for construction of a platform and a second boatlift, neither of which
were authorized by the permit. These violations are described in further detail below.
Unlawful Excavation and Fill
11. Defendant is responsible for excavation of shallow bottoms and coastal wetlands to a �y 1
depth of approximately 3 feet in an area measuring approximately 38' by 22'. Upon V)
information and belief, this excavation was accomplished using a boat propellor to "kick" StvAw 4o{(
'11mmaterials up onto the surrounding coastal wetlands. The impacted coastal wetlands
are vegetated primarily with S artina altemiflora and Juncus romerianus. The coastal
4 �S'

wetland area impacted by thisi fill measures approximately 6 inches deep for in an area
measuring approximately 46' by 25'.
12. The excavation and filling of coastal wetlands constitutes "development" as defined in
G.S. § 113A-103(5)(a), because the definition of "development" specifically includes
"excavation" and "filling" in a duly designated AEC. Pursuant to G.S. § 113A-113, the
CRC has identified certain geographic areas as AECs and adopted standards for
development within them.
13. The Defendant's excavation and fill activity took place in coastal wetlands, public trust
areas and estuarine waters, which are each designated AEC's pursuant to G.S. § 113A-
113(b). The coastal wetlands AEC is further defined in G.S. § 113-229(n)(3)(Dredge and
Fill Law) and the CRC's rules at 15A NCAC 7H .0201 and .0205(a). The estuarine
waters and public trust area AECs are further defined in the CRC's rules at 15A NCAC
7H .0206 and .0207.
14. In G.S. § 113A-118(a), CAMA requires every person to obtain a permit consistent with
the CRC's development standards before undertaking any development in any AEC. In
G.S. § 113-229(a), the Dredge and Fill Law also requires every person to obtain a permit
before any excavation or filling project is begun in marshlands or tidelands. No permit
was issued to Defendant for the type of development he undertook. If Defendant had
applied for such a permit, it would have been denied because ... need specific rule cites Noe)
�l�z 7' ,7g 0z07��
that would prohibit excavation. rf/GGcoy5 s / /�` C u
/, o 04
A/0 ✓j.l C��1F, ✓—'l %ff Z0�CS)Cl� �N�S
0 (`w��rLA( �� W Uwt l w1N4�iS. wGtL t Ft((
Jd1..A, $Pctl
A bAti&" L�tss$iwl
in �'""'�

Unlawful istruction of Platform and Boatlift
15. Defendant constructed a ` 17.5' platform in the area that he unlawfully excavated. No
platform was authorized under Defendant's CAMA General Permit. Defendant also
installed two boatlifts on either side of the unlawful platform. Only one boatlift was
authorized under Defendant's CAMA General Permit.
16. The unlawful construction of a platform and boatlifts constitutes "development" as
defined in G.S. § 113A-103(5)(a), because the definition of development specifically
includes "construction" of a structure; "driving of pilings"; and the "alteration of the ...
bottom of... any sound, bay, river, creek, stream, lake, or canal" in an area of
environmental concern identified in G.S. 113A-113(b)(2) or (b)(5)." The construction
activities took place in the estuarine waters and public trust areas of environmental
concern (AECs), which are designated AECs pursuant to G.S. § 113A-113(b)(2) and -
113(b)(5). The AECs are further defined in the Commission's rules at 15A NCAC 7H
.0206 and .0207, and the specific standards for development within these AECs are found
in .0208. The applicable rules are attached as Exhibit Band incorporated by reference.
17. In G.S. § 113A-118(a), CAMA requires every person to obtain a permit consistent with
the CRC's development standards before undertaking any development in any AEC. No
�QGiZAC-4-d"
permit was issued to Defendant for elopment within thlestuarine waters and public
trust area AECs. If Defendant had applied for such a permit, the development could not
have been authorized for two primary reasons.

18. The development could not have been authorized because it violates the CRC's rule
regarding pier length. The CRC's use standards require that docks and piers shall not
extend more than one-fourth the width of a natural water body. 15A NCAC 7H
.0208(b)(6)(J)(iii). Measurements to determine widths of the water body, canals or basins
shall be made from the waterward edge of any coastal wetland vegetation which borders
the water body. See applicable rule at 15A NCAC 7H .0208(b)(6)(J)(iii), Exhibit B. In
this case, the width of Dill Creek is 45 feet as measured from the waterwarrd�eed�.gee of the
marsh on either side. Defendant's platform and boatlifts both extend more 1.25 feet
beyond the historical marsh line (before unlawful excavation).
19. The development also could not have been authorized because it violates the CRC's rule
prohibiting platforms over coastal wetlands. The CRC's use standards require that "`T's,
platforms and decks shall have no more than six feet of any dimension extending over
coastal wetlands." 15A NCAC 7H .0208(b)(6)(E). In this case, Defendant was permitted
to construct a 6-foot wide access pier over coastal wetlands and open waters, but instead
constructed a platform measuring 6' by 17.5' feet, in part over the historical marsh line
(before unlawful excavation).
20. Defendant originally proposed to construct the platform and second boat lift when he first
applied for a permit but those structures were not authorized on the permit due to their
J inconsistency with the CRC's rules. See September 1, 2005 Letter, attached hereto as
Exhibit _ and incorporated by reference.

Notices
,offViolation
21. On , 2005, (green card not attached to long f m and not in file) Defendant
re..{a Ex vre ss P� v e , 41 0 ue, t O—f-
was served by with a Notice of Violation (Case
No. 05-30C) for the unauthorized development described above. The Notice required
Defendant to cease and desist from the violation and comply with the terms of the
restoration agreement attached to the Notice. The restoration agreement instructed
Defendant to sign and return the agreement within 10 days if he intended to comply with
the restoration request. The Notice ordered Defendant to remove the fill material placed
in coastal wetlands; to restore the excavated area to its original grade and contour; to
remove the dock structures so that no structure exceeds one-fourth the width of the
waterbody or encroaches into the Dill Creek channel; and to remove the dock structures
that extend greater than 6 feet over the marsh. The corrective actions were required to be
undertaken within 30 days, or by September 12, 2005. The restoration agreement was
never returne igned- ee o ' of Violation and Restoration Plan, dated August
12, 2005, an ro of D ( atta ed hereto as Exhibit C and incorporated by
reference.
22. By letter dated August 21, 2005, Defendant responded to the Notice of Violation by
stating that he did not participate in or have any knowledge of the alleged unlawful
activities and that he complied with the permit issued to him.

23.
Pt,g
1.
2.
09 /)-) ko-7 Daze DQIt� �/a o .
fM
gl�o�i�s
On _ (CNOV documents not attached to long form in file) Defendant
was served by certified mail, return receipt requested, with a Notice of Continuing
Violation. The Notice of Continuing Violation confirmed that _ and notified A"-5 W"-'"
69awy. ARGecr, ,
Defendant that an injunction or criminal penalty maybe sought to enjoin the violation.
The Notice also informed Defendant that his violation was willful and continuing and
therefore subject to daily penalties. See Notice of Continuing Violation and Restoration
50,pt 701240i�-
Plan, dated4uiy493-, AA3; and return receipt card, attached hereto as Exhibit _ and
incorporated by reference.
To date, the Defendant has completed no work toward satisfying the restoration plan.
REQUEST FOR PRELIMINARY MANDATORY INJUNCTION
Plaintiff has no adequate remedy at law. The impacts to coastal wetlands, estuarine
waters, and public trust areas caused by Defendant's development activities can only be
remedied by an order requiring Defendant to restore the resource.
G.S. § 113A-126 authorizes institution of a civil action upon violation of any of the
provisions of CAMA or any rule or order adopted under CAMA, for injunctive relief to
restrain the violation, and for a preliminary and permanent mandatory injunction to
restore the resources consistent with CAMA and the rules of the Coastal Resources
Commission.
3. G.S. § 113A-126 provides that if the court finds that a violation has occurred, the court
shall, at a minimum, order the relief necessary to abate the violation consistent with

9
5.
A
CAMA and the rules of the Commission. The Plaintiff, having shown the violation, now
requests abatement of the violation. State ex rel. Cobey v. Simpson, 333 N.C. 81, 423
S.E.2d 759 (1992) (once a violation of CAMA is found, a court must require restoration
of the resources to the fullest extent practicable without regard to economic
considerations pursuant to G.S. § 113A-126(a)).
Under G.S. § 7A-245, the Superior Court is authorized to grant injunctive relief to
compel enforcement of any statute, ordinance, or regulation.
S„6sk�
The excavation of coastal wetlands and shallow bottom$ and the accompanying fill of
adjacent coastal wetlands has resulted in, and continues to result in, irreparable and
immediate harm to those resources and the Plaintiff has no other adequate remedy at law.
The unlawful construction and installation of platform and boatlifts further impacts the
estuarine waters and public trust area AEC's as well as the general public whose public
trust rights are impacted by the development.
Unless and until this Court issues a preliminary mandatory injunction compelling
Defendant to restore the violations, the Plaintiff will continue to suffe, r irreparable injury
to the resources which it is entrusted to protect., n n w 1
The injury is continuing and is immediate, irreparable, and clearly established by this
verified complaint, and has been and continues to be wrongfully inflicted.
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WHEREFORE, Plaintiff prays the Court to: u M
1. Treat this complaint as a motion for preliminary mandato y injunction compelling
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Defendant (1) to restore the affected area to the condition it was m� pno to the unauthorized
excavation and filling of coastal wetlands; (2) to remove all dock and pier structures of any type
that unlawfully extend beyond one -quarter the width of the
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do we need to r wordy d (4) to remove all dock and pier structures that exceed 6 feet in any
dimension over coastal wetlands (as defined by the location of coastal wetlands
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Defendant's violation). I , S �ttoa wc'u �c�' ✓cv
2. Order Defendant to effect restoration of each of these violations within thirty (30)
days, and to perform all such restoration under the supervision of, and to the satisfaction of
Plaintiff.
Treat this verified complaint as an affidavit in support of the motion for a
preliminary mandatory injunction.
4. That, upon a hearing on the merits, the terms of the preliminary injunction be
made a mandatory, permanent injunction.
Restrain the Defendant from any future violations of CAMA and the Dredge and
Fill Law by ordering that Defendant obtain permits prior to undertaking development and comply
with the terms of any existing permits.
6. Tax the cost of this action against Defendant.
11

Grant such other and further relief as it deems just and proper.
This the _ day of January, 2006.
12
ROY COOPER
Attorney General
Meredith Jo Alcoke
Assistant Attorney General
Environmental Division
400 Commerce Avenue
Morehead City, NC 28557
252-808-2808(ph)
252-247-3330 (fax)

STATE OF NORTH CAROLINA
VERIFICATION
COUNTY OF CARTERET
Ryan Davenport, first being duly sworn, deposes and says that he is a Field
Representative for the Division of Coastal Management, Department of Environment, and
Natural Resources, and he has read the foregoing Complaint and that he is familiar with all the
facts and circumstances stated therein; that the same is true within the scope of his knowledge
except as to those matters and things stated and alleged upon information and belief, and as to
those matters and things, he believes them to be true.
This is the _ day of , 2006.
Sworn to (or affirmed) and subscribed
before me this day of 2006.
Notary Public
My commission expires:
(SEAL)
13
RYAN DAVENPORT

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F►ecEx
Express
01/19/2006
Dear Customer:
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NCDEHR
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
NOTICE OF CONTINUING VIOLATION
September 30, 2005
CERTIFIED MAIL
RETURN RECEIPT REQUESTED
Roy Kittrell
40106 Arendell St.
Morehead City, NC 28557
RE; NOTICE OF CONTINUING
CAMA VIOLATION #05-30C
Dear Mr. Kittrell:
This letter is in reference to the Notice of Violation that was issued to you on August 12, 2005 by
the North Carolina Division of Coastal Management for unauthorized development in violation of
the Coastal Area Management Act (CAMA). The violation occurred onsite your property located at
1400 Dill Creek Ln, in or near the community of Morehead City, Carteret County, North Carolina.
Information gathered by me for the Division of Coastal Management indicates that you have
undertaken major development in violation of the Coastal Area Management Act (CAMA). No
person may undertake Major Development in a designated Area of Environmental Concern (AEC)
without first obtaining a permit from the North Carolina Department of Environment and Natural
Resources. This requirement is imposed by North Carolina General Statute (herein abbreviated
N.C.G.S.)113A-118.
Information I have indicates that you have undertaken or are' legally responsible for the
construction of an unauthorized platform and boatlift on the aforementioned property. You are also
legally responsible for the excavation by kicking or prop wash in the adjacent shallow bottom and
coastal wetland. This activity took place in the Coastal Wetlands, Estuarine Waters and Public
Trust Areas of Environmental Concern. Coastal Wetlands, Estuarine Waters and Public Trust
areas are designated as Areas of Environmental Concern (AEC). No permit was issued to you for
the excavation, platform or one of the boatlifts. Therefore, I conclude that you are in violation of the
Coastal Area Management Act.
I request that you immediately CEASE AND DESIST any further unauthorized activities within
designated Areas of Environmental Concern. A civil assessment of up to $2,500 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 up to
$2,500. An injunction or criminal penalty may also be sought to enforce any violation (N.C.G.S.
113A-126).