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NCDENR
North Carolina Department of Environment and Natural Resources
Division of Coastal Management
Michael F. Easley, Governor James H. Gregson, Director
October 30, 2007
Robert Frese
115 Sandy Huss Drive
Beaufort, NC 28516
WilliamG. Ross Jr., Secretary
RE: Payment of Proposed Penalty for Violations of the Coastal Area Management Act,
Committed in Carteret County
CAMA Violation # 07-15C
Dear Mr. Frese:
This letter will acknowledge receipt of your Check # 3246, in the amount of $100.00, and dated
10-27-2007. 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, 01
Tere Barrett
District Manager
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cc: Roy Brownlow, Compliance Coordinator
Ted Tyndall, Asst. Director
Brad Connell, Coastal Management Rep.
400 Commerce Avenue, Morehead City, North Carolina 28557
Phone: [phone] \ FAX: [phone] \ Internet: hftp://dcm2.enr.state.nc.us
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Rc-bert Freese
O£tober 12, 2007
Page 3
CAMA VIOLATION #07.15C
ROBERT FREESE
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 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 5/15/07, and agree to pay the proposed civil assessment of $100.00.
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DATE SIGNATURE
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ADDRESS
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TELEPHONE NUMBER
400 Commerce Avenue, Morehead City, North Carolina 28557
Phone: [phone] FAX: [phone] Internet: www.nccoastalmanagement.net
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North Carolina
MichaC F. Easley, Covernor
A
NCDENR
Department of Environment and Natural
Division of Coastal Management
Ja.lnes H.'regson, Director
October 12, 2007
CERTIFIED MAIL
RETURN RECEIPT REQULSTED
Mr. Robert Frese
115 Sandy Huss Drive
Beaufort, NC 28516
RE: CAMA VIOLATION 07-15C
Dear Mr. Frese:
Resources
William G. Ross Jr., Secretary
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This letter is in reference to the Notice of Violation dated 5/15/07 that Mr. Brad Connell, representative for the
Division of Coastal Management, issued to you for the construction of a retaining wall and the associated backfill
on your property at 115 Sandy Huss Drive, Carteret County. The violation involved the Estuarine Shoreline,
which is an Area of Environmental Concern designated by the Coastal Resources Commission.
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 $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 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.
400 Commerce Avenue, Morehead City, North Carolina 28557
Phone: [phone] FAX: [phone] Internet: www.nccoastalmanagement.net
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Robert Freese
October 12, 2007
Page 2
i
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,
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Tere Barrett, District Manager, MHC
Division of Coastal Management
Enclosures
cc: Ted Tyndall, Assistant Director, DCM
Roy Brownlow, Compliance Coordinator, DCM
Brad Connell, Coastal Management Representative, DCM
Sammy Graham, LPO, Carteret County
400 Commerce Avenue, Morehead City, North Carolina 28557
Phone: [phone] \ FAX: [phone] \ Internet: www.nccoastalmanagement.net
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Robert Freese
October 12, 2007
age 3
CAMA VIOLATION #07.15C
ROBERTFREESE
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 seg, committed on or near my property 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 5115107, and agree to pay the proposed civil assessment of $100.00.
DATE
SIGNATURE
ADDRESS
TELEPHONE NUMBER
400 Commerce Avenue, Morehead City, North Carolina 28557
Phone: [phone] \ FAX: [phone] \ Internet: www.nccoastalmanagement.net
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NIMA
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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
NOTICE OF VIOLATION
May 15, 2007
CERTIFIED MAIL
RETURN RECEIPT REQUESTED
Robert Frese
115 Sandy Huss Drive
Beaufort, NC 28516
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RE: NOTICE OF VIOLATION AND REQUEST TO CEASE UNAUTHORIZED DEVELOPMENT
CAMA MINOR VIOLATION #07-15C
Dear Mr. Frese:
This letter confirms that on April 12, 2007, 1 was onsite at your property located at 115 Sandy Huss Drive
adjacent to Sandy Huss Creek located in or near Merrimon, off Merrimon Road, Carteret County, North
Carolina. The purpose of the visit was to investigate unauthorized development of a retaining wall and fill
within the Sandy Huss Creek area.
Information gathered by me shows that you have undertaken minor development in violation of the Coastal
Area Management Act. No person may undertake minor development in a designated Area of
Environmental Concern without first obtaining a permit from the North Carolina Department of Environment
and Natural Resources, North Carolina General Statutes (N.C.G.S.) 113A-1 18.
I have information that you have undertaken, or are legally responsible for, minor development by
constructing a retaining wall and back filling with topsoil on the aforementioned property. This activity took
place in the Estuarine Shoreline that is contiguous with the Sandy Huss Creek. Estuarine Shoreline areas
are designated as Area(s) of Environmental Concern (AEC). No permit was issued to you for work in this
area. Based on these findings, I am initiating an enforcement action by issuing this Notice of Violation for
violation of the Coastal Area Management Act
I request that you immediately CEASE AND DESIST any further development and contact me about this
matter. A civil assessment of up to $250 may be assessed against any violator. Each day that the
development described in this Notice is continued or repeated may constitute a separate violation that is
subject to an additional assessment of $250. An injunction or criminal penalty may also be sought to
enforce any violation in accordance with N.C.G.S.113A-126.
It is the policy of the Coastal Resources Commission to assess a minimum civil penalty of $200 against all
violations of this type. This is done to recoup some of the costs of investigating the violation and/or to
400 Commerce Avenue, Morehead City, North Carolina 28557
Phone: [phone] \ FAX: [phone] \ Internet: www.nccoastaimanagement.net
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Frese
May 15, 2007
Page 2 of 2
2
compensate the public for any damage to its natural resources. Whether a higher amount will be assessed
will depend on several factors, including the nature and area of the resources affected and the extent of the
damage to them. If restoration of the affected resources is requested, but is not undertaken or completed
satisfactorily, a substantially higher civil penalty will be assessed and a court injunction will be sought
ordering restoration.
Based upon review of the Coastal Area Management Act, Coastal Resource Commission's rules, and the
local jurisdiction's Land Use Plan, the activity you have undertaken appears consistent with the guidelines
for Areas of Environmental Concern. Therefore, restoration of the impacted area is not requested at this
time. However, please be advised that upon request, you must be able to provide us proof that you have
given your adjacent riparian property owner(s) notice of this unauthorized development and provided them
the opportunity to comment to the Division of Coastal Management.
Should you be requested to provide this documentation, you must provide confirmation that a written
statement has been obtained, signed by the adjacent riparian property owners, indicating that they have no
objection to the completed work; or you must provide confirmation that the adjacent riparian property
owners have been notified by certified mail of the completed work. This notice shall instruct adjacent
property owners to provide any comments on the completed development in writing to this Division within
ten (10) days of receipt of the notice and shall indicate that no response from them will be interpreted as
not having any objection.
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 my submission of an enforcement
report to the District Manager, you will be notified as to the amount of a civil assessment for undertaking
development without first obtaining the proper permit(s).
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 about these important matters.
Sincerely,
Brad Connell
Coastal Management Representative
Cc: Ted Tyndall, Assistant Director, DCM
Tere Barrett, District Manager, DCM
Roy Brownlow, Compliance Coordinator, DCM
Sammy Graham, LPO, Carteret County
400 Commerce Avenue, Morehead City, North Carolina 28557
Phone: [phone] \ FAX: [phone] \ Internet: www.nccoastalmanagement.net
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D M ENFORCEMENT TRACKING REPORT
•
Field Rep. •• ,, M 1 t • r /I
LPJ
Violation Descrip
Initial Discovery Date
Violation Base No. 0 J /" C
A B 0 D
Violated Permit No. IVA
(it applicable) —
Was activity permittable?®/ No
Violation Description ZCwR__Q�GVi°d _-� �.—��°eT�1►.L1
W i H'l i r1-_ ES - AEC- - - - - - ---- - - -- - --- -
Respondent Inform ion P ' r Violations in same AEC: Yes /® Case Number -01
Respondent Name(s) �- D andowne�� 4 �
ent/Contraccttorr))��
Address _ City _ j�� State / V Zip _Lo
Phone #_- -%- Fax # _
Email
Violation Type:
Project Type:
Authorizations Required:
Site Visits Respondent
Site Visits Respondent
L?No Permit
PrivatelCommunity
❑�/Mgjor ❑ CAMA
lfr[ nt
X
Present
r
Permit Condition
❑ Govt.IPublic
Minor
Fe ❑ D&F
_,•
_ 1/Expired Permit
Cl Commercial
L General
LN InconsistentwlRules
----- ---- ❑-
--- - - - L�
Violation Location and/Site Description
Project Location: County_
Street Address/ State Road/ Lot #(s) Saaa�
s.
---
City— ---- ------ - -- ZIP -- -
Phone # (__-) _ — River Basin Aeuse, _
Adj. Wtr. Body_, ILillOkfli_
Closest Maj. Wtr. Body _�Q th i liewy-
Rover File —
Shoreline Length
SAV: NotS
Sandbags: Not Sure
PNA:
ORW:
Crit. Hab.
Photos
Waiver Required
In DWQ Buffer Area
Yes
No
„ Yes
Yes
® Adjacent
Yes
Adjacent
Yes
Yes
No
®
No
Restoration
Extension Granted Yes No
NOV Date Initial Req. Comp. Date
Restoration Letter
CNOV Date Date Comp. Observed _—__ Acceptance Date
Penalty Assessment
Sent to Respondent Date
Rcvd. by Dist. Mgr. Date
Assessment Extended Yes No
App./Permit Fee
Penalty
Willful/Intent.
Continuing
Other
71.0409 Ref.
Recomm. Assess.
DCM Assess.
S
S
_
$
$
Total
r

r
Formal Assessments, Appeals and Reductions
Date Long Form Submitted Assessment Appealed Yes No
Date Formal CPA Submitted
LI Penalty modified
Final Assessment E
Attorney General's Office for Injunction or Formal Collection
Date sent to AG_J Respondent not responsive to penalty/NOV Injunction to complete restoration
Date Collection Let. Sent __ __. ____— ____. Date Demand Let. Sent_.—
Violation Activities and Impacts
AECs Affected: Wetlands Impacted? Yes /(,Nw' If yes, which types:
CW EW PTA ES PTS
OEA HHF IFI SA DS Cl SY 1R LS TY
..SS SC SP .404
PWS: FC:
Other:
Restoration Required by the Respondent Yes / Q
Dimensions In excess
of permit/ unauthorized activities
Dimensions to restore
Final dimensions
allowed
Actually restored
Development Activities
----
Habitat Description
NOTES: _rC_ C�iSC5_ q��QPr _ . LgcA -Nil
Closing
Payment Received E _ __ _ _. Date------- Date Case Closed

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Beaufort, NC 28516
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Mr. Robert Frese
115 Sandy Huss Drive
Beaufort, NC 28516
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