05-37D Lane

A7j��&
NCDENR
North Carolina Department of Environment and Natural Resources
Division of Coastal Management � nr"
Michael F. Easley, Governor Charles S. Jones, Director �'r�
August 15, 2005
7 '005
Mr. And Mrs. J. Keith Lane
AUG 1
248 Chimney Lane
Wilmington, North Carolina 28409
RE: Closure Letter
Morehead City i)CM
Payment of Proposed Penalty for Violations of the Coastal Area Management
Act, Committed in New Hanover County
CAMA Violation # 05-37D
Dear Mr. & Mrs. Lane:
This letter will acknowledge receipt of your Check #2633, in the amount of $50.00, dated
August 12, 2005. 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 Wilmington
office, [phone].
Sincerely,
Jtric es H. Gregson
Dt Manager
JHG/bar
cc: Ted Tyndall, Assistant Director
Roy Brownlow, Compliance Coordinator
WIRO File Copy
127 Cardinal Drive Ext., Wilmington, North Carolina 28405-3845
Phone: [phone] \ FAX: [phone] \ Intemet: www.nccoastalmanagement.net
An Equal Opportunity \ Affirmative Action Employer — 50% Recycled \ 10% Post Consumer Paper

Lane
August 8, 2055
Page 3 of 3
RECEIVED
DCM WILMINGTON, NC
CAMA VIOLATION #05.37 D
AGREEMENT TO PAY PROPOSED CIVIL ASSESSMENT
AUG 15 2005
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 $50 against me for violation of the Coastal Area Management
Act, NCGS 113A-100 et M , committed on or near my property 248 Chimney Lane in New Hanover 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 June 10, 2005, and agree to
pay the proposed civil assessment of $50.
8111A C)C5
DA E
SIGNATURE
TELEPHONE NUMBER
127 Cardinal Drive Ext., Wilmington, North Carolina 28405-3845
Phone: [phone] FAX: [phone] Internet: www.nocoastalmanagement.net
An Equal Opportunity 1 Affirmative Action Employer — 50% Recycled 110% Post Consumer Paper

FORM 1
PCM�E�%N�/�/FO��RCEMENT
Field Rep. I`-//LL � 41/ 5 I suer
LPO &JrI�(24o fS I:d
LPIQP Pt/ 14-XW ,0VC✓
Violation Descri
Initial Discovery Date ,
Violation Description -a
TRACKING REPORT
Violation Base No. D 5— 3 7 b
A B C
Violated Permit I
U rpprkwo)
in same AEC: Yes /
Respondent Name{sl ►r:et rh 0,nO /r0ftlls1 /!n-(
Address ''/inL/ 1-417! City
Phone 9/9, el5? . 03 L Fax T
Was activity
/ No
RPM
State NL Zip 2lsYlb /
Violation Type: Project Type: Authorizations Required: Site Visits Respondent Site Visits Respondent
® No Permit 'R PrivatelCommunity ❑ Major ® CAMA Present Present
❑ Permit Condition ❑ GovtlPublic © Minor ® D&F (°�G OS ® ❑
❑ Expired Permit ❑ Commercial ❑ General ❑ ❑
❑ InconsistentwlRules ❑ ❑
Violation Location and Siit�tJje�/ Description
Project Location: County /U(>,W (TG wile./'
Rover File
Shoreline Lang:h
Street Address' State Road' Lot r(s)
SNI. Not Sure
a vf( G�r:.7r�
Yr.
ria
u ri.e .
Sandbag;: Not Sure Y.
ta
Subdivision
PNA: ep
No
City r 41164 ZIP �i8'/O/
ORvd: 91
No � en
Crir. Hat. Ye:
Phone # (_;� River Basin �.D! `Cz7/' Photos p
bg
No
Adj. VAr. Body—�/ / ww it '
h nkni Waiver Required Ye,
to
Closest Mai. Vim Body / 1cAi^t�.f � wl-
In DWO Buffer Area Yet
67
Restoration
05
/�. Extension
NOV Date �� Initial Req. Comp. Date �0S Granted
Yes 4IVe
CNOV Date Date Comp. Observed
G -ZS OS Restoration Letter
Acceptance Date
Penalty Assessment
Sent to Respondent Date 45A�S
Rcvd. by Dist. Mgr. Date
Assessment Extended Yes No
AppJPermitFee;
Continuing
71.0409 Ref.
Recomm. Assess.
DCM Assess.
S
S
A
= so
$ so
S
S
S
S
S
3
Total
,SO
Sd
Page 12 of 29

FORM 1,
Continued
Formal Assessments, Appeals and Reductions
Date Long Form Submitted AssossmentAppealed Yes No
Date Formal CPA Submitted
Final Assessment Date ❑ Penalty muffled
Attorney General's Office for Injunction or Formal Collection
Date sent to AG. ❑ Respondent not responsive to penaltylNOV ❑ Injunction to complete restoration
Date Collection Let. Sent Date Demand Let. Sent
Violation Activities and Impacts
AECs Affected; Wetlands Impacted! Yes / No If yes. which types:
CW EW PTA FS PTS
OEA HHF IH SA DS CI SY 1R LS T{
Ms.. FC: SS SC SP 404
Restoration Required by the Respondent Yes / No
NOTES:
Closing _..
Payment Received S Date ' Date Case Closed
Page 13 of 29

AUG-18-2005 THU 08:48 AM NHC INSPECTIONS ' FAX NO. 9107987060
F. 02
Ann S. Hines
Chief Zoning
Enforcement Otl'.Icial
NEW HANOVER COUNTY
INSPECTION SERVICES
230 Market Place Drive, Suite 110
WILMINGTON, NORTH CAROLINA 28403
TELEPHONE [phone]
FAX: [phone]
CERTIFIED;,,t6ILI
RETC, RN Rj:.CEIPT REQUESTED
Mr. and Mrr.. Keith Lane
248 Chimney Lane
Wilmf;ngton, WC 28409
June 10, 2005
RE: STOF'WORK ORDER AND NOTICE OF FAILURE TO APPLY FOR A CAMA PERMIT
248 Chimney Lane
Dear Mr. anil Mrs. Lane:
This letter confirms that on June 2, 2005, Robb Mairs, Field Representative for the North Carolina
Division of (bastal Management and on June 9, 2005 Patricia A. Roberts, CAMA Local Permit Officer,
were onsite at yourproperty located at 248 Chimney Lane, adjacentto the Atlantic Intercoastal Waterway,
located in Wilmington, New Hanover County, North Carolina The purpose of the visit was to investigate
land &turbiutig activity including grading and the placement of fill at an existing residence within the ORW
Estuarine Shoreline. On June 3, 2005,1 spoke with Ms. Vicki Morrow; on June 6, 2005, I met with Mr.
Keith Lane r[I the Inspections Department; on June 8, 2005, I spoke with Mrs. Pamela Lane and Ms. Vicki
Morrow and on June 9, 2005, I met onsite with Mr. Lane, Sr.
Information Ip lthered by the Local Permit Officer and the North Carolina Division of Coastal Management
Field Repres ;ntative, shows that you have undertaken minor development and no Minor Development
Permit has bt:en issued for this development activity. No person may undertake minor development in a
designated sea of Environmental Concern without first obtaining a permit from the North Carolina
Department of Environmental and Natural Resources, North Carolina General Statutes (N.C.G.S.) 11 3A-
118.
I have infonrWion that you have undertaken, or are legally responsible for minor development by the
place;rrent oa' 15 loads of fill placed in an area 21V in length by 82' in width, with no apparent wetlands
filled in by ttie process, on the aforementioned property. This activity took place within the ORW Estuarine
Shoreline A iC that is contiguous with the Atlantic Intercoastal Waterway, within the Outstanding
Resource R'uters AEC.
You tine hens':T requested to STOP WORK IMMEDIATELY and file the necessary applicationwith this
offim for a CAMA Minor Development Permit by June 20.2005. NO WORK MAY PROCEED UNTIL
THE PERA!I1T IS ISSUED. If you comply voluntarily, no further action will be necessary beyond
restoration o::'anydamned natural resources protected by the Act, and whatever proj ect modificotions are
netted to hri:ng your development into compliance with the Act and the issuance of a permit.

AUG-18-2005 THU 08:48 AN NHO INSPECTIONS FAX NO. 9107987060 P. 03
Mr. and Mrs. Keith lane -2- June 10, 2005
Failure to file ;tn application or continuation of work after receipt of this Notice may constitute a violation
of the.Act and you may be subject to civil and/or criminal penalties as provided by North Carolina Gcncral
Statute (NC('r E3) I I3A-126. Each day the development continues, or is repeated after receipt ofthis Notice,
may constituUsi a separate violation and could result in further penalties or imprisonment for not more than
sixty (60) dal,;; of both (NCGS I I3A-126).
Thank you for your time and cooperation in resolving this important matter. Ff you have any questions
about this or related matters, please call me as [phone]. Upon my submission of an enforcement
report to the INstrict Manager, you will be notified as to the amount of a civil assessment for undertaking
development without first obtaining the proper pemrit(s).
The relevant ;statutes and regulations are available from this office, and I am willing to assist you in
comlAying with the requirements of these laws. A site inspection will be made in the near future to
determine w1:,other this STOP WORK ORDER has been complied with. I request that you contact me
immediately ;:.bout these important matters.
Sincet. y,
'l;
atneta A. R,wrts
CAM F.ocaA Permit Officer
Enclosure: (',!AMA Application
cc: Ed Ehooks, Minor Permit Coordinator, DCM
Jim ciregson, District. Manager, ACM
Roy ]ilrownlow, Compliance Coordinator, DCM
Ann S. Hines, Chief Zoning Enforcement Official

AUG-18-2005 THU 08:48 AN NHC INSPECTIONS FAX NO. 9107987060
P, 01
NEW HANOVER COUNTY INSPECTIONS
ZONING DIVISION
Wil Market Place Drive, Suite 110 _, �
Wibaington, NC 284d)3 �0�\ j
Voice: 910-79R-71'.L'! J
SAO
Fax: [phone]
wwNv.ahcgov.com
To: Roy Bwwnlow
From: PatricA, Roberts
Fax: [phone]
Date: August ,18, 2005
D... r Pages: 3
" Caring People Providing Quality Service "

ke _ �waua —Ted
�rF .Ronda ILRoy
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
August 8, 2005
CERTIFIED MAIL 70041160 0004 4619 7114
RETURN RECEIPT REQUESTED
Keith and Pamela Lane
248 Chimney Lane
Wilmington, N.C. 28401
RE. CAMA VIOLATION #05-37 D
Dear Mr.and Mrs. Lane:
This letter is in reference to the Notice of Violation dated June 10, 2005 that Patricia A. Roberts, Local Permit
Officer for New Hanover County, issued to you for land disturbing activities at 248 Chimney Lane, New Hanover
County. The violation involved the Coastal Shoreline, which is an area of Environmental Concern designated
by the Coastal Resources Commission. Based upon the submittal of a CAMA Minor Development on June 8,
2005 along with formal notification to the adjacent riparian property owners, received in our office on June 28,
2005, the esr toration 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 $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 Resource Commission, a proposed civil penalty in the amount of $50 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 orderto 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 $50 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.
127 Cardinal Drive Ext., Wilmington, North Carolina 28405-3845
Phone: [phone]\FAX: [phone]Internet: www.nccoastalmanagement.net
An Equal Opportunity \Affirmative Action Employer— 50% Recycled 110% Post Consumer Paper

Lane
August 8, 2005
Page 2of3
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].
3sol ,. tricj Manager
of Coastal Management
Enclosure
cc: Roy Brownlow, Compliance Coordinator, DCM
Robb Mairs, Coastal Management Representative, DCM
Patricia Roberts, LPO
127 Cardinal Drive Ext., Wilmington, North Carolina 28405.3845
Phone: [phone] FAX: [phone] \ Internet: www.nocoastaimanagement.net
An Equal Opportunity \ Affirmative Action Employer - 50% Recycled \ 10% Post Consumer Paper

Lane
August 8, 2055
Page 3 of 3
CAMA VIOLATION #05.37 D
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 $50 against me for violation of the Coastal Area Management
Act, NCGS 113A-100 et seg, committed on or near my property 248 Chimney Lane in New Hanover 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 June 10, 2005, and agree to
pay the proposed civil assessment of $50.
WE
SIGNATURE
ADDRESS
TELEPHONE NUMBER
127 Cardinal Drive Ext., Wilmington, North Carolina 28405-3845
Phone: [phone] \ FAX: [phone] \ Internet: www.nccoastalmanagement.net
An Equal Opportunity \ Affirmative Action Employer— 50% Recycled \ 10% Post Consumer Paper