06-33C Sechrist

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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
CERTIFIED MAIL
RETURN RECEIPT REQUESTED
George A. Sechrist
60 Spinnaker Pt. Rd. N.
Oriental. NC 28571
RE. CAMA VIOLATION #06.33C
Dear Mr. Sechrist:
December 05, 2006 rr ,,l,,�\\
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This letter is in reference to the Notice of Violation dated 11/14/06 that Jonathan Howell,
Field Representative for the Division of Coastal Management, issued to you for
unauthorized development in the form of boatlift installation in the waters of Smith Creek
in Pamlico County. The activity took place at 60 Spinnaker Point Road North, in or near
the town of Oriental. The violation involved the Public Trust Area, which is an Area of
Environmental Concern designated by the Coastal Resources Commission. Because
the development was deemed consistent with applicable use standards and guidelines,
no restoration was requested by 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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Sechrist
December 5, 2006
Page 2
s
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
Jonathan Howell, Field Representative, DCM
Roy Brownlow, Compliance Coordinator, DCM
Dave Timpy, USACE
400 Commerce Avenue, Morehead City, North Carolina 28557
Phone: [phone] FAX: [phone] Internet: www.nccoastalmanagement.net
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Sechrist
December 5, 2006
Page 3
CAMA VIOLATION #06-33C
GEORGE SECHRIST
AGREEMENT TO PAY PROPOSED CIVIL ASSE.
I understand that the staff of, the Department of Environment and' Natur,
propose the assessment of a civil penalty in the amount of $350.00 aga
violation of the Coastal Area Management Act, NCGS 113A-100 et sec,
or near my property at 60 Spinnaker Point Road North, in Pamlico Cour
Carolina. In order to resolve this matter with no further action or expens
accept responsibility for the violation as described in the Notice of Violas
11/14/06, and agree to pay the proposed civil assessment of $350.00.
DATE SIGNATURE
ADDRESS
TELEPHONE NUI
400 Commerce Avenue, Morehead City, North Carolina 28557
Phone: [phone] \ FAX: [phone] \ Internet: www.nccoastalmanag
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letter dated

DCM ENFORCEMENT TRACKING REPORT
Issuer
Field Rep. Sor.w.`��.aa� �li � Violation Base No.
LPO �Kt..P A B D
LPJ kw&'Cy C o Violated Permit No.
(if applicable)
Violation Description Was activity permittable? e / No
Initial Discovery Date Jo -la Discovery Method Tr.c-*,ck r%.Scauesh_
Violation Description 14ew workc_ -le..F Sk L'�)t-•
Respondent Information Prior Violations in same AEC: Y / Case Number o(.� 63- cdlf
f — --
Respondent Name(s)
V
City 0r*'C ,ok State h � Zip 2S511
Phone # Ci52-) 2It'i - 3264 Fax #
Violation Type:
Project Type;
Authorizations Required: Site Visits
Respondent
Site Visits Respondent
N No Permit
® PrivatelCommunity
® Major CAMA
Present
Present
❑ Permit Condition
❑ Govt./Public
El Minor
❑ Expired Permit
❑ Commercial
❑ General
❑
❑
❑ Inconsistent wl Rules
❑
❑
Violation Location and Site Description
Project Location: County
Street Address/ State Road/ Lot #(s) 60
Subdivision SDy�� er Qo: k
City br;cv! cJL zip
Phone # (252.) 44A- 39.6y River Basin �Lu►�
Adj. Wtr. Body Sw 4L, CGe_e K (Qman /unkn)
Closest Mau. Wtr. Body KC-%"e_ L'w r-r
Restoration
NOV Date
CNOV Date
Penalty Assessment
Sent to Respondent Date
Rcvd. by Dist. Mgr. Date
Assessment Extended Yes
Initial Req. Comp. Date
Date Comp. Observed
App./Permit Fee
Penalty
No Willful/Intent.
Continuing
Other
Rover File
Shoreline Length 2 S y
SAV: 1
Yes No
Sandbags: Not Sure
Yes No
PNA:
Ya No Adjacent
ORW:
Yes to Adjacent
Crit. Hab.
Yes No
Photos
(D No
Waiver Required
Yes o
In DWQ Buffer Area
Yes o
Specify DWQ Buffer if applicable:
Extension Granted Yes No
Restoration Letter
Acceptance Date
7J.0409 Ref.
Recomm. Assess.
r DCM Assess.
Cr, )LU)CA)
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Total
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Formal Assessments, Appeals and Reductions
Date Long Form Submitted _.___ Assessment Appealed Yes No
Date Formal CPA Submitted __-_...
Penalty modified
Final Assessment $. Date.
Attorney General's Office for Injunction or Formal Collection
Date sent to AG _..... �.._! Respondant not responsive to penalty/Nov L _," Injunction to complete restoration
Date Collection Let. Senb...._....... ______ Date Demand Let. Sent
Violation Activities and Impacts
AECs Affected: Wetlands Impacted? Yes /(R) If ye5; which types:
CW (LW� ES PTS ��
IDEA - IH SA DS. Cl SY JR LS TY
PWS: FQ SS SC SP IF BF 404
Restoration Required by the Respondent Yes / No
--- - - —-------
Dimensions in excess Final dimensions
Dimensions to restore Actually restored
of permit/ unauthorized activities ' allowed
Development Activities
Habitat Description
NOTES:
Closing
Payment Received $ _.... _ -....Date. _____ ____ Date Case Closed

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
November 14, 2006 #LSB
TB MITT
CERTIFIED MAIL RB
RETURN RECEIPT REQUESTED
George SeChrist
60 Spinnaker PT. Road North
Oriental, NC 28571
RE: NOTICE OF VIOLATION AND'REQUEST TO CEASE UNAUTHORIZED DEVELOPMENT
CAMA VIOLATION #06-33C
Dear Mr. SeChrist:
This letter confirms that on. October 18, 2006, myself and Stephen Lane, Field Representative, Division of
Coastal Management were onsite at your property located at 60 Spinnaker Pt. Road North adjacent to
Smith Creek located in or near Oriental, off Hwy. 55, Pamlico County, North Carolina. The purpose of the
visit was to investigate unauthorized development of a jet ski lift within Smith Creek.
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.
I have information that indicates you have undertaken or are legally responsible for the installation of a jet
ski lift for a total of three (3) mooring spaces on the aforementioned property. This activity took place over
Public Trust Areas that are contiguous with Smith Creek. Public Trust Areas are designated as Areas of
Environmental Concern (AEC). No permit was issued to you for work in this area. Based on these findings,
I am initiating an enforcement action by issuing this Notice of Violation for violation of the Coastal Area
Management Act.
1 request that •atel„ CEASE AND necISTunauthorizedn-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).
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
400 Commerce Avenue, Morehead City, North Carolina 28557
Phone: [phone] \ FAX: [phone] \ Internet: www.nccoastalmanagement.net
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T
George SeChrist
November 14, 2006
Page 2 of 2
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.
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 shalt 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,,
Jonathan Howell
Coastal Management Representative
Cc: Ted Tyndall, Assistant Director, DCM
%re Barrett; -district Mai iayei, DCM
Roy Brownlow, Compliance Coordinator, DCM
400 Commerce Avenue, Morehead City, North Carolina 28557
Phone: [phone] \ FAX: [phone] \ Internet: www.nccoastaimanagement.net
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George A. & Marilyn M. Sechrist
60 Spinnaker Pt. Rd. N
Oriental, NC 28571 `
252.249.3264 OP
[e-mail]¢
November 20, 2006
CERTIFIED MAIL, RETURN RECEIPT REQUESTED
CAMA VIOLATION #0633C
NC Division of Coastal Management I�
400 Commerce Ave.
Morehead City, NC 28557
Attn: Jonathan Howell, Coastal Management Representative
Dear Mr. Howell:
1 am in receipt of your Nov. 14'h letter regarding the alleged violation. I would like to correct some
inaccuracies in this letter:
First, you keep referring to the davit as a "jet ski lift", which it is not. I have never owned, nor
will I ever own a jet ski. The davit is used for the sole purpose of occasionally launching & retrieving,
my small sailboat, which happened about twice in 2006. It is not designed to ever have a boat
hanging from it other than for about 1 minute while in use. The use of this davit serves exactly the
same function as those that launch a canoe or kayak from their dock. The environmental impact is
unequivocally zero.
Secondly, the purpose of your visit was not to "investigate unauthorized development of a jet
ski lift within Smith Creek". The purpose of your visit was to consider a request from Innerbanks to
obtain a permit for a floating dock, which I had already decided prior to your visit not to pursue.
Unfortunately, the contractor failed to contact me, and also failed to advise you that your visit was
not even necessary.
My first question is by what stretch of the imagination can a small davit be considered a mooring
space? As previously stated, it is rarely used, and then only for a few minutes. There has never
been, nor can there ever be, a boat moored there, due to the design of the davit. DCM instructions
state: "Want to dock more (than 2) boats? Apply for a major permit." I have no desire or intention to
dock more than my two existing boats, only to launch and retrieve my little sailboat on infrequent
occasions.
History: I originally tried launching my sailboat by putting carpet on the dock and sliding it over the
edge into the water. I believe this is perfectly legal, just as if it were a canoe, kayak, or other small
craft. After falling in the water one day, I decided there must be a safer way to do this, and thus I
came up with the davit idea.

I strongly believe that I have not violated CAMA rules, especially major development, w
exception of not applying for a permit exemption certificate, as allowed under section i
Handbook. To this and only this, I plead guilty. This davit definitely qualifies as a simp
modification of an existing pier. 1 fully support the work of NCDENR and DCM, which Is
my continual membership In the Neuse River Foundation and NC Coastal Federation. 1
can keep our public trust waters, and especially our fish nurseries, healthy. In my opini
has no Impact on the environment and most definitely does not constitute a 3b slip an
at my dock.
In light of the above facts, I hereby request a permit exemption for my davit. I have
with the requirement of sending the enclosed certified letter to my two neighbors. 1
your understanding In this matter.
Yours truly,
George A. Sechrist
Encl: Kalser/Fitzpatrick letter, Certified mall receipts
h the
of the CAMA
r addition or
widenced by
my davit
mooring
complied
Iyou for

George A. & Marilyn M. Sechrist
60 Spinnaker Pt. Rd. N
Oriental, NC 28571
252.249.3264
[e-mail]
November 20, 2006
CAMA Violation #0633C
CERTIFIED MAIL, RETURN RECEIPT REQUESTED
Mr. Frank Kaiser
c/o Partridge
109 Coco Ln.
Jupiter, FL 33458
Mr. Frank Fitzpatrick
12 Spinnaker Pt. Rd. N
Oriental, NC 28571
Gentlemen
I have been requested by CAMA to send this letter asking for your approval of a "single small boat
davit", which I installed on my dock several years ago, without a permit or exemption. This davit is
used for the occasional launching of my small sailboat which is kept in the back yard, and was used
approximately twice in 2006.
If you have any objection to this davit, please respond in writing to CAMA, 400 Commerce Ave.,
Morehead City, NC 28557. If there is no response, it will be interpreted as having no objection.
Thank you.
Yours truly,
George A. Sechrist

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AG'A
NCDENR
North Carolina Department of Environment and
Natural Resources
Division of Coastal Management
Michael F. Easley, Governor Charles S. Jones, Director Wiliam G. Ross Jr., Secretary
December 13, 2006
George Sechrist
60 Spinnaker Pt. Rd. N.
Oriental, NC 28571
RE: Payment of Proposed Penalty for Violations of the Coastal Area Management Act,
Committed in Pamlico County
CAMA Violation # 06-33C
Dear Sechrist:
This letter will acknowledge receipt of your Check # 3464, in the amount of $3 �0, and dated 12-
12-2006. 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
Stephen Lane, 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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• Sechrist
December 5, 2006
Page 3
CAMA VIOLATION #06-33C
GEORGE SECHRIST
AGREEMENT TO PAY PROPOSED CIVIL ASSESSMENTheaa L'itY Dr+IVI
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 sec, committed on
or near my property at 60 Spinnaker Point Road North, in Pamlico 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
11/14/06, and agree to pay the proposed civil assessment of $350.00.
Z z oc.
DATE
i
SIGNATURE
ADDRESS
G4-
TELEPHONE NUMBER
400 Commerce Avenue, Morehead City, North Carolina 28557
Phone: [phone] FAX: [phone] Internet: www.nccoastalmanagement.net
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28-Dec-06 NC DIVISION OF COASTAL MANAGEMENT ENFORCEMENT RECORD
[CASE STATUS CASE NUMBER LAST NAME
FIRST NAME BUSINESS NAME:
CASE IS OPEN I 06-33C ISECHRIST GEORGE
+; CASE IS CLOSED I Previous Violations In Salve
F1 ' C for Similar Activiti--
NOV DATE CLGSURF DATE Elapsed Days AFFLILIATION SECTOR
11"1 4f2006 F— F PROPERTY OWNER PRIVATE Duplicate Record XLINK.
1029
MAILING ADDRESS CITY STATE ZIP CODE PHONE NUMBER
60 SPINNAKER POINT RD N ORIENTAL NC 28571- [phone] Show Related Violations
PROPERTY ADDRESS COMMUNITY WATERBODY NEAREST ROAD
60 SPINNAKER POINT ­RD N ORIENTAL SMITH CREEK HWY 55
DISTRICT OFFICE COUNTY DCM REPRESENTATIVE LPO CONTACT
MHCDO PAMLICO 1HOWELL Not Available
VIOLATION TYPE AFFECTED_AEC(5) ❑ CW © EW © PTA ❑ ES PTS
MAJOR CAMA iJ OEA [J HHFA ❑ HA [] PWS ❑ NCRA
NATURE OF VIOLATION AEC DESCRIPTION
Unauthorized major development by installing a personal watercraft [jetski] lift within the EW and PTA AECs in
Smith Creek.
RESTORATION STATUS[
RESTORATION REQUIRED
_] RESTORATION NOT REQUIRED - CONTRACTOR
RESTORATION NOT REQUIRED - PERMITTABLE DEVELOPMENT
❑ RESTORATION NOT REQUIRED - FURTHER IMPACTS
RESTORATION PENDING
RESTORATION REQUEST DATE COMPLETION DATE
- RESTORATION EXTENDED RESTORE DATE
�- DEADLINE
EXTENDED
❑ REFERRED TO AG'S OFFICE{-- -INJUNCTION
INJUNCTION REFER DATE: I —
❑ REFERRED TO AG'S OFFICE - COLLECTION
COLLECTION REQUEST DATE: f�
LTY.STATUS
ASSESSMENT DATE PENALTY AMOUNT COLLECTION DATE AMOUNT COLLECTED
PENAl y
$312/13l2006 350
lV PENDING 12/5/2006 50
,J� PENALTY ISSUED ❑ WILLFUL &INTENTIONAL PENALTY (MIN. OR DOUBLED)
❑ CNOV ISSUED F_CNOV DATE
❑ PENALTY NOT ISSUED ❑ PENALTY APPEALED APPEAL DATE
CONRACTOR'S FIRST OFFENSE FORMAL CPA ISSUED r FORMAL CPA DATE
❑ SETTLED, AGREED UPON, STIPULATED PENALTY r —SETTLEMENT DATE
❑ UNCOLLECTIBLE PENALTY f—UNCOLLECTIBLE DETERMINATION DATE
Violations Involving Adversely Impacted Resources
AMOUNT OF ADVERSELY DISTURBED AREA (SO. FT.)
AMOUNT OF RESTORED AREA (SQ. FT)
NOTES

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60 Spinnaker Pt. Road North
Oriental, NC 28571
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(Endorsement Requited)
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3veet Api gip.; George SeChrist
oiPOBox "°----- 60 Spinnaker Pt. Road North
CM. state, ZtPF4
Oriental NC 28571

UNITED STAOT(SkPJgTAC&WLIMA A
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• Sender: Please print your name, address, and ZIP+4 in this box
stal
N.C. Division400 Commerce Avenue ei
Morehead City, N.C. 28557
808-2808
'ekss-?'Y34t1

■ Complete items 1, 2, and 3. Also complete
item 4 if Restricted Delivery is desired.
■ Print your name and address on the reverse
so that we can return the card to you.
■ Attach this card to the back of the mailpiace,
or on the front if space permits.
1. Article Addressed to:
George A. Sechrist
60 Spinnaker Pt. Rd. N.
Oriental, NC 28571
B. Received by (Printed Name)
D. Is delivery address different from aem 1? ❑ Yet
If YES, enter delivery address below: ❑ No
3. Service Type
❑ Certified Mall
❑ Express Mail
❑ Registered
❑ Return Receipt for Merchandise
❑ Insured Mall
0 C.O.D.
4. Restricted Delivery? (Extra Fee) ❑ Yes
2. Article Number 7006 0810 0006 7300 9845
(transfer hom service /a
PS Form 3811, February 2004 Domestic Return Receipt 102595-02-W1640

N.C. Division of Coastal Manage?
400 Commerce Avenue
Morehead City, NC 28557
Tel. [phone]
0 S nn- e Sec.hriR
60 Spinrmer Yomt Rd
Onent'I , NC 28571
11111111111111111111111
N.C. Division of Coastal ManagementNaNO
400 Commerce Avenue
Morehead City, N.C. 28557
808-2808
ii.S. POSTAGE
PAID
ORIENTAL.NC
2857!
NOAMOUNTO6
$gf64a
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