04-31C Kittrell

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
January 28, 2005
Roy (Buddy) Kittrell, Jr.
4106 Arendell Street
Morehead City, NC 28557
RE: Payment of Proposed Penalty for Violations of the Coastal Area Management Act,
Committed in Carteret County
CAMA Violation # 04-31C
Dear Mr. Kittrell:
This letter will acknowledge receipt of your Check # 5149, in the amount of $100.00, and dated
01/27/05. 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/srk
cc: Roy Brownlow, Compliance Coordinator
Ted Tyndall, Asst. Director
Henry Wicker, COE
151-B Hwy. 24, Hestron Plaza Il, Morehead City, North Carolina 28557
Phone: [phone] FAX: [phone] Internet: www.nccoastaimanagement.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
January 28, 2005
Roy (Buddy) Kittrell, Jr.
4106 Arendell Street
Morehead City, NC 28557
RE: Payment of Proposed Penalty for Violations of the Coastal Area Management Act,
Committed in Carteret County
CAMA Violation # 04-31C
Dear Mr. Kittrell:
This letter will acknowledge receipt of your Check # 5149, in the amount of $100.00, and dated
01/27/05. 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/srk
cc: Roy Brownlow, Compliance Coordinator
Ted Tyndall, Asst. Director
Henry Wicker, COE
151-B Hwy. 24, Hestron Plaza II, Morehead City, North Carolina 28557
Phone: [phone] FAX: [phone] Internet: www.nccoastalmanagement.net
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Mr. Roy Kittrell
January 25, 2005
Page 2 of 2 Jq N 2 8 ?005
CAMA VIOLATION #0431C
AGREEMENT TO PAY PROPOSED CIVIL ASSESSMENT orgh`�� uy UQM
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 etsee ,
committed on or near my property at 4106 Arendell Street, Morehead City, Carteret County, North Carolina. In order to
resolve this matter with no further action or expense on my part, I accept responsibility forthe violation as described in the
Notice of Violation letter dated 4/27/04, and agree to pay the proposed civil assessment of $100.00.
j-';Q,05
DATE
SI
4 Toe Arerda) V-�
ADDRESS {{//��
J\f od �6 N
7a-4,KlOZ
TELEPHONE NUMBER

0
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
January 25, 2005
CERTIFIED MAIL
RETURN RECEIPT REQUESTED
Mr. Roy Kittrell, Jr.
4106 Arendell Street
Morehead City, NC 28557
RE: CAMA VIOLATION#04.31C (Noted in MHC Records as VO4-01)
Dear Mr. Kittrell:
This letter is in reference to the Notice of Violation dated 4/27/2004 that Mr. Rick Schulz, Local Permit Officer for the Town of
Morehead City, issued to you for violating the terms and conditions of Minor Permit #03-17. The permit was violated by failure to
install necessary and appropriate sedimentation and erosion control measures at 1181400 Dills Creek Lane, Blair Farm Subdivision,
Morehead City, Carteret County. The violation involved the Estuarine Shoreline, which is an Area of Environmental Concern
designated by the Coastal Resources Commission. Based upon the site visit conducted on 5/13/2004 by Mr. Schulz, the restoration
requested appears to be complete to the satisfaction of the Division of Coastal Management.
The Coastal Area Management Act provides that a civil assessment of up to $250.00 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 Resource Commission, a 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.
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 may 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,
'). l �4-,
Tere Barrett, District Manager, MHC
Enclosures
cc: Ted Tyndall, DCM
Roy Brownlow, DCM
Ryan Davenport, DCM
Rick Schulz, LPO, MHC
151-8 Hwy. 24, Hestron Plaza Il, Morehead City, North Carolina 28557
Phone: [phone] FAX: [phone] Internet: www.nccoastalmanagement.net
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Mr. Roy Kittrell
January 25, 2005
Page 2 of 2
CAMA VIOLATION #04.31 C
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 4106 Arendell Street, Morehead City, Carteret County, North Carolina. In orderto
resolve this matter with no further action or expense on my part, I accept responsibility forthe violation as described in the
Notice of Violation letter dated 4/27104, and agree to pay the proposed civil assessment of $100.00.
DATE
SIGNATURE
ADDRESS
TELEPHONE NUMBER

J R
Mr. Roy Kittrell
January 25, 2005
Page 2 of 2
CAMA VIOLATION #04.31C
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 4106 Arendell Street, Morehead City, 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 4/27/04, and agree to pay the proposed civil assessment of $100.00.
DATE
SIGNATURE
ADDRESS
TELEPHONE NUMBER

DCM ENFORCEMENT REPORTgMAY 1 2 20.04ED
(We for Walverr)
Morehead
�City /D'CM
Case #: Permit //: 05-1- Consultant:
y-70r�,,I��,�C1t-1 re,4
Name: ( 6 uAddress: ` 6 (40P a U C.I d
City: ► i ae,4—ad l' l' State: n(— Zip:
456 Phone #:
Count�y:I f 4 Nearest Water Body: ills Creel- State Plane X:
LPO: U — Locality: State Plane Y:
Vio Descp: 000-hon mko �w5 - n-a6l ffojw
m( n PMI)i n!P of b Y) i n
NOV Sent: /46/Violation: Major: Minor:i Perm Cond: ✓• CAMA:_ D&F:
Restore: S Requested: 5 7 / 04 Completed: 6 / /
n•..!.ti'n) r'-) (Dry) r.,;
Estuary: ✓Pub rst: _ Shoreline: _ Ocean Hz: _ Other: _ Pri Nurs: _ ORW:
Wetlands:
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SC:
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TYPE
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EXCAVATE
(SO9.)
FILLED
(Sq-R)
RESTORE
(Sq.R.)
OTHER
(Sq.R.)
+**+*** ASSESSMENT & DISPO *******
Recommended Assmt: $ In-�° References: U P riteria: 3 a3 °�3
Report Rcvd: / ! Assessed: $ 1610 To AG: / / To Violator:
Payment Received: $ O&A On: / If/0 Case Closed: r / gtm
i Of Violators: Total Assessment: 5 % l�l, Total Received: $ e

M®1r-rE 1r7r-aAD CITY GERALD A.JONES, JR., Mayor
1IFLw�l JIL�JI.IL '��99 1II1JI'1 � ll ��Eno cry
N O R T H CAR O L IN A �
DAVID HORTON. Mayor Pro -Tern P.M. Drawer M
council 706 Arendell Street ryc. ree
FLOYD M. CHADWICK, JR. Morehead City, North Carolina 28557-4234
PAUL W. CORDOVA TEL [phone] - R. RANDY MARTIN
JOHN F. NELSON FAX [phone] City Manager
DEMUS L. THOMPSON www.townofmorehead.com
April 27, 2004
Mr. Roy Kittrell, Jr.
1801 Paulette Road
Morehead City, NC 28557
APR 3 0 2004
RE: NOTICE OF FAILURE TO COMPLY WITH CAMA PERMIT
CONDITIONS AND NOTICE OF VIOLATION #VO4-01
Dear Mr. Kittrell:
This letter is in reference to my site visit of the development project at 1400 Dills
Creek Lane, Lot #103 Blair Farm Subdivision, Morehead City in Carteret County, North
Carolina, to investigate the development activity being done under CAMA Minor
Development Permit Number 03-17. Anyone who undertakes minor development
activity in a designated Area of Environmental Concern (AEC), and fails to act in
accordance with the terms, conditions, or requirements of his permit, may be found to be
in violation of the Coastal Area Management Act as specified in North Carolina General
Statutes (NCGS) 113A-126. Any development activity within a designated AEC, that
was not authorized by Permit Number 03-17, may also be a violation of NCGS 113A-
118.
The following violations were found at the project site mentioned above: No
erosion control or sedimentation device has been installed between your land disturbing
activity and the adjacent marsh or water area. An effective measure of sedimentation or
erosion control method must be installed and maintained until vegetative cover has been
established.
I request that you IMMEDIATELY CEASE AND DESIST any further
unauthorized development activities within designated AECs on this property. Since the
development is not consistent with the applicable standards, you may be required to
restore the land to its former condition and/or bring all aspects of the project into
compliance with the Act. A civil assessment of up to Two Hundred and Fifty Dollars
($250.00) may be assessed against any violator. Each day that the development activity
described in this Notice is continued or repeated may constitute a separate violation,
ADA/EOE/P Equal Opportunity Employee Provider

Notice of Violation
Mr. Roy Kittrell, Jr.
April 27, 2004
Page 2 -
APR 3 0 2004
which is subject to an additional assessment of up to $250.00. An injunction or criminal
penalty may also be sought to enforce any violation (NCGS 113-A-126).
It is the policy of the Coastal Resources Commission to levy a minimum civil
assessment of One Hundred Dollars ($100.00) against all violators of CAMA Minor
Development Permit requirements of this nature. 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 amount of resources affected and the extent of the damage to
them. If the required restoration is not undertaken or completed satisfactorily, a higher
civil assessment may be levied and a court injunction sought to order restoration
You failure to respond adequately to my letter of April 14, 2004 has necessitated
this Notice of Violation. In the above -mentioned letter you were asked to install silt
fencing or some alternative type of erosion control method on your property to prevent
sedimentation from infiltrating the adjacent water body and/or marsh.
The enclosed Restoration Plan describes the action necessary to bring your project
into compliance with the Act. Please sign the Restoration Agreement and return to me by
May 7, 2004.
Pending satisfactory resolution of this violation, and my submission of an
Enforcement Report to the District Manager of the Division of Coastal Management, you
will be notified of the amount of your civil assessment.
Thank you for your cooperation in resolving this important matter. If you have
any questions, please do not hesitate to call me.
CC: , Tere Barrett, DCM

APR 3 0 2004
RESTORATION PLAN
1. A barrier line of filter cloth, staked hay bales, burlap or an effective
sedimentation or erosion control device must be installed between the land -
disturbing activity and the adjacent march or water areas, until such time as
the area has been properly stabilized with a vegetated cover.
I, Roy Kittre% Jr., agree to complete the required restoration outlined in the
above Restoration Plan to the satisfaction of Morehead City's CAMA Local
Permit Officer by May 7, 2004, or provide an explanation for non-compliance
and a reasonable request for a time extension.
Signature
DATE:

04-Feb-05 NC DIVISION OF COASTAL MANAGEMENT ENFORCEMENT RECORD
CASE STATUS
CASE NUMBER LAST NAME FIRST NAME BUSINESS NAME:
CI 04-31C 1KITTRELL, JR. ROY
• CASE IS CLOSED 11
NOV DATE CLOSURE DATE AFFULIATION SECTOR Previous Violations in Same AEC
PROPERTY OWNE PRIVATE for Similar Activities
4/27izuu4
MAILING ADDRESS CITY STATE ZIP CODE PHONE NUMBER
4106 ARENDELL ST IMOREHEAD CIT NC 28557- I
PROPERTY ADDRESS COMMUNITY WATERBODY NEAREST ROAD
1400 DILLS CREEK LN MOREHEAD CITY DILLS CREEK
DISTRICT OFFICE COUNTY DCM REPRESENTATIVE LPO CONTACT
MHCDO CARTERET BARRETT R. SCHULTZ
VIOLATION TYPE
MINOR CAMA PERMIT CONDITION VIOLATION AEC TYPE ES
NATURE OF VIOLATION
n of terms and conditions of Minor Permit #03-17 by failure to install necessary sedimentation and erosion
measures between the land disturbing activity and the waterbody and marsh as an adjunct to development.
RESTORATION STATUS
LI
7 RESTORATION NOT REQUIRED - CONTRACTOR
RESTORATION NOT REQUIRED - PERMITTABLE DEVELOPMENT
RESTORATION NOT REQUIRED - FURTHER IMPACTS
RESTORATION PENDING
RESTORATION REQUEST DATE COMPLETION DATE
5/27/2004 1 5/13/2004
RESTORATION EXTENDED RESTORE DATE
DEADLINE
EXTENDED
_ REFERRED TO AG'S OFFICE - COLLECTION
j- REFERRED TO AG'S OFFICE - INJUNCTION
ASSESSMENT DATE PENALTY AMOUNT COLLECTION DATE AMOUNT COLLECTED
Ir PENALTY STATUS
vzs/zoos sloo 772005 $loo
V PENALTY ISSUED
PENALTY NOT ISSUED - WILLFUL INTENTIONAL PENALTY (MIN. OR DOUBLED) CNOV ISSUED
CONRACTOR'S FIRST OFFENSE I !f SETTLED, AGREED UPON, OR STIPULATED PENALTY 'I PENALTY APPEALED
UNCOLLECTIBLE PENALTY ] FORMAL CPA ISSUED
Violations Involving Adversely Impacted Resources
AMOUNT OF ADVERSELY DISTURBED AREA (SQ. FT.)
AMOUNT OF RESTORED AREA (SQ. FT) F_
NOTES

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MOREHEAD CITY, NC 28557
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