05-20C Town of Atlantic Beach

Town of Atlantic Beach
C/o Mr. Chuck Cooper
August 12, 2005 tB �RB
Page 3 of 3 2. RB
CAMA VIOLATION #05-20CTT
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 Town property located at the end of Wilson St.,
adjacent to the Atlantic Ocean located in the Town of Atlantic Beach, off West Fort Macon Rd., 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 6/07/05, and agree to pay the
proposed civil assessment of $100,00.
DATE
SIGNATURE
'do:
ADDRESS
Ain*dT�C eA
2 Sz - 71-16- Z/a
TELEPHONE NUMBER
400 Commerce Drive, Morehead City, North Carolina 28557
Phone: [phone] FAX: [phone] Internet: www.nocoastaimanagement.net
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Town of Atlantic Beach
C/o Mr. Chuck Cooper
August 12, 2005
Page 3 of 3
CAMA VIOLATION #05-20C
AGREEMENT TO PAY PROPOSED CIVIL ASSESSMENT
I understand that the staff of the Department of Environment and Natural Resource's 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 Town property located at the end of Wilson St.,
adjacent to the Atlantic Ocean located in the Town of Atlantic Beach, off West Fort Macon Rd., 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 6/07/05, and agree to pay the
proposed civil assessment of $100.00.
g1�'/?'��
DATE
SIGNATURE
A v,,9�k �o
ADDRESS
;?r2-74,(o-z1Z/
TELEPHONE NUMBER
400 Commerce Drive, Morehead City, North Carolina 28557
Phone: [phone]FAX: [phone]Internet: www.nccoastalmanagement.net
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400 Commerce Avenue
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808-2808
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1. Article Addressed to:
Town of Atlantic Beach
C/o Mr. Chuck Cooper
POBox10
Atlantic Beach, NC 28557
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Morehead ity, N.C. 28557
808-2808
�-asf-7*:64a16 isIII li„loll-1,1l.l1lilt isfill 1l„I It 11161111111111111111fill

MC®ENR
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 29, 2005
Town of Atlantic Beach
C/o Chuck Cooper
POBox 10
Atlantic Beach, NC 28512
RE: Payment of Proposed Penalty for Violations of the Coastal Area Management Act,
Committed in Carteret County
CAMA Violation # 05-20C
Dear Mr. Cooper:
This letter will acknowledge receipt of your check #015556, in the amount of $100.00, and dated
August 29, 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 Morehead City
office, [phone].
Sincerely,
% 4 `,mod
Tere Barrett
District Manager
TB/lsb
cc: Roy Brownlow, Compliance Coordinator
Ted Tyndall, Asst. Director
Mark Hardeman, Coastal Management Rep.
Raleigh Bland, COE
400 Commerce Avenue, Morehead City, North Carolina 28557
Phone: [phone] FAX: [phone] Internet: www.nccoastalmanagement.net
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I own of Atlantic beach
C/o Mr. Chuck Cooper
August 12, 2005
Page 3 of 3
LAMA VIOLATION #05-20C
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 Town property located at the end of Wilson St.,
adjacent to the Atlantic Ocean located in the Town of Atlantic Beach, off West Fort Macon Rd., 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 6/07/05, and agree to pay the
proposed civil assessment of $100.00.
DATE
400 Commerce Drive, Morehead City, North Carolina 28557
Phone: [phone] FAX: [phone]Internet: www.nccoastaimanagement.net
An Equal Opportunity 1 Affirmative Action Employer- 50% Recycled 110% Post Consumer Paper

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 1, 2005
Town of Atlantic Beach CIO Chuck Cooper
P. 0. Box 10
Atlantic Beach, NC 28512
RE:RESTORATION ACCEPTANCE — CAMA VIOLATION #05-20C
Dear Mr. Cooper:
This letter is in reference to the Notice of Violation # 05-20C sent to you dated June 7, 2005 for the breech
of the dune within the Ocean Hazard Area in or near the Atlantic Ocean. The violation took place on your
property located at the end of Wilson Street off of West Fort Macon Road, in or near the Town of Atlantic
Beach in Carteret County, North Carolina. This unauthorized activity constituted development and you were
requested to return the dune to its original grade and contour. 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 June 15, 2005 to inspect the restoration of the
unauthorized activity addressed in the Notice of Violation #05-20C. 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 808-2808.
Since ve�"V'U�
Mark Hardeman
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.nccoastaimanagement.net
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DCM ENFORCEMENT TRACKING REPORT
�® Issuer
Field Rep. I' 1,/�/J /'}44 /9t�&r11 ti ,j% Violation Base No.
LPO A B C D
LPJ Violated Permit No.
(if applicable)
Violation Description Was activity permitta��
�tble? Yes /
Initial Discovery Date /NQ 7j1 ices Discovery Method apor/e' h y Toone/ o1PA%ryt�i�L Ai"
Violation Description .Q�i�GlQ7�lsYr oy(4 Q- i0lOts16-1:7� - -
- pomp'lwq o.-Fk) l4vyr 54. - -
Respondent Information Prior Violations in same AEC:
Yes / No
Case Number 65 -02Q -or
Respondent Name(s) %@tt/lam" �.1'4✓ir rJCac�
._ _...._(Landow
r/Agen Contractor)
Address. _ � / �&Oe Gty ,S'� r `� '
--
_ State _ zip a85/12-
Phone#.. o?S� 7g2(i �/jiY3._._..:--------. Fax#
Violation Type: Project Type: Authorizations Required:
Site Visits Respondent Site Visits Respondent
No Permit IJ Private/Community
ty I Major
Permit Condition GOvt./Public
Present Present
r
Minor ;- D&F
Permit [.._� Commercial ]- ] Generale
�Expired
Inconsistent w/ Rules
_.__._..._
[_-JI
Violation Location and Site Description
Project Location: County ---_. �e7-AUe%
__--..--------------_-, _------.-_
Rover File ----------_-.--------...._
?i,.r.-
�2
Street Address/��Sttatte Road/Lott #(s)_F_ ;vA0__O_lti�SCxs S�,
Shoreline Length-
SAV: Not Sure Yes
— .—OA%._J.'_1i@_ _______--_ _ ..
Sandbags: Not Sure Yes do
___
Subdivision---__--1/Lt�/G_.l7NG.C.h
PNA:
Yes Adjacent
City.,_-____
DRW:
Yes �' Adjacent
Phone # ( Z) ?Basin 4-4 •-Q4Z-le-
Crit. Hab.
Photos
Yes 40
Yes
-7�f%kver _.
Adj. Wtr. Body /i+ /N�>�� GCe4s at an /unkn)
Waiver Required
Yes
Closest Ma'. Wtr. Body ire
1 Y___._ .. �---....__.. --
In DWQ Buffer Area Yes No
Restoration
NOV Date (/AN.Q /.
CNOV Date
Penalty Assessment
Sent to Respondent Date
Rcvd. by Dist. Mgr. Date
Assessment Extended Yes No
�4 /�3ExtensionGranted Yes No
Initial Req. Comp. Date . (%i
Restoration Letter
Date Comp. Observed G..13 &V5 Acceptance Date
71.0409 Ref.
Recomm Assess.! DCM Assess..
App./Permit Fee
$
$
---- - % t� // �/�
Penalty �'Js t
$
$
Willful/Intent.
is
jt
Continuing
;S
is
Other
S
S
Total
_i
j
I

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 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 PTA ES PTS
OEA HHF IH
FC:
Other:
Restoration Required by the Respondent Yes / No
Wetlands Impacted? Yes No If yes, which types:
SA DS CJ SY A LS TY
SS SC SP 404
Dimensions in excess
of permiU unauthorized ac[iyitle5�
Dimensions to restore
Final dimensions 1
.Actually restored i
allowed
rDevelopment Activities I
j
i i
Habitat Description-
+
�
i
I
Closing
Payment Received S _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
August 1, 2005
Town of Atlantic Beach CIO Chuck Cooper
P. 0. Box 10
Atlantic Beach, NC 28512
RE:RESTORATION ACCEPTANCE — CAMA VIOLATION #05-20C
Dear Mr. Cooper:
This letter is in reference to the Notice of Violation # 05-20C sent to you dated June 7, 2005 for the breech
of the dune within the Ocean Hazard Area in or near the Atlantic Ocean. The violation took place on your
property located at the end of Wilson Street off of West Fort Macon Road, in or near the Town of Atlantic
Beach in Carteret County, North Carolina. This unauthorized activity constituted development and you were
requested to return the dune to its original grade and contour. 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 June 15, 2005 to inspect the restoration of the
unauthorized activity addressed in the Notice of Violation #05-20C. 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 808-2808.
Since
Mark Hardeman
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.nccoastaimanagement.net
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Total Postage $ Fees
o smiTo Town of Atlantic Beachv
_ _ _ ... C/o Mr. Chuck Cooper C
or PO PO Box10
Atlantic Beach, NC 28557
it

06/09/2005 13:25 252-726-5115
Town of Atlantic Beach
June 7, 2005
page 3 of 3
TOWN OF ATLANTIC BCH
RESTORATION PLAN
For
Town of Atlantic Beach
CAMA Minor Violation #05 — 20C
Property located at Wilson Street, Atlantic Beach, Carteret County
Trough Area
Altered 6' : 24'
area
Dune
Dune
n PAGE 02
I, Chuck Cooper, agree to restore or have restored the dune to its predevelopment state, including elevation,
profile, and planting of dune vegetation.
I agree to complete this restoration to the satisfaction of the Division of Coastal Management (DCM) by June
15, 2005, or provide an explanation for non-compliance and a reasonable request for time extension. When
corrective actions are complete, (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 of
$100.00 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,ncecastalmanagament.net
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06/09/2005 13:25
..
252-726-5115
TOWN OF ATLANTIC BCH
PAGE 01
Pae"10
125 West Fat Mayan tload
Atlemk tiaall. NO 26512
FAX
TOWN OF ATLANTIC BEACH
TO: Mark Hardeman
CAM
FAX #: [phone]
DATE: June 9, 2005
FROM: Chuck Cooper
Phan: (252)7M2121
Fac [phone]
wm H: tab*xwbhneLaae
REMARKS: Attached is the signed Restoration Plan
document. Let me know how to proceed with the payment of
the civil assessment. Thanks
NUMBER OF PAGES (including this shect): 2
ORIGINAL TO FOLLOW BY MAIL: NO
The information contained in this facsimile is privileged and confidential information intended only for the
use of the individual or entity named above. If the reader of this message is not the intended recipient, you
are hereby notified that any discussion, distribution or copy of this communication is staidly prohibited. If
you bave received this communication in error, please notify us immediately.

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
August 12, 2005
CERTIFIED MAIL
RETURN RECEIPT REQUESTED
Town of Atlantic Beach
C/o Mr. Chuck Cooper
P.O. Box 10
Atlantic Beach, NC 28512
RE: CAMA VIOLATION #05-20C
Dear Mr. Cooper:
{. 6
ed
Roy
This letter is in reference to the Notice of Violation dated 6107/05 that Mark Hardeman sent to you on behalf of
the Division of Coastal Management. The Notice was for unauthorized dune excavation, adjacent to the waters
of the Atlantic Ocean, in Atlantic Beach, NC. The violation involved the Ocean Erodible Area of Environmental
Concern designated by the Coastal Resources Commission. Based upon Mr. Hardeman's site visit on 6/15/05,
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 of this type. 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 $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.
400 Commerce Drive, Morehead City, North Carolina 28557
Phone: [phone] \ FAX: [phone] \ Internet: www.nccoastaimanagement.net
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Town of Atlantic Beach
C/o Mr. Chuck Cooper
August 12, 2005
Page 2 of 3
6
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, Corro*ce Coordinator, DCM
Mark Hardeman, Coastal Management Representative, DCM
Donna Turner, LPO
400 Commerce Drive, Morehead City, North Carolina 28557
Phone: [phone] FAX: [phone] Internet: www.necoastaimanagement.net
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CASE STATUS ­ 11 11
CASE NUMBER', BL
0 LOOP FIRST NAVE
OC Ji COOPER J JLHUO 1, ffT
(,CASE IS CLOSED
Pre
NOV DATE "CLOSURE DATE Elapsed Days A . IFFLILIATIO I N SECTOR, Ofor
3SNAME:
ATLANTIC BEACH
vious Violations in
Similar Activities
MAILING ADDRESS' CITY STATE ZIPCODE PHONENUMBER'
12T8�12
1POB 10 tNC 1�, ,
�PROIPERTY,ADDRE8S
`COMMUNITY.`' .N
END OF WILSON ST ]ATLANTIC BEACH A
DISTRICT OFFICE.COUNTY DCM REPRESENTATIVE -
VIOLATION TYPE .AFFECTS
TIC OCEAN
LPO CONTACT
I(S)
711 OEA f� HHI
REOFVIOLATION
- AEC DESCRIPTION
ithorized minor development by excavating a trough through the dunal system to
n the OEA AEC adjacent to the Atlantic Ocean.
Inv 6/1r/2O6
,D•RESTORATIOIVNOT REQUIRED -CONTRACTOR
RESTORATIOp
0 PTA C3 ES I[) PTS`
'.A,,, EjIHA ❑: PW$ Ef_NCI`L
stormwater drainage
it 6/15/2005
[11RESTORAtION NOT REQUIRED -,PERMITTABLE DEVELOPMENT .0 . I
DEADLINE
OIF[EsTbRATION NOT REQUIRED- FURTHER IMPACTS: '.EXTENDED
01�FESTORATION PENDING REFERRED TO AG'S OFFICE -COLLECTION
REFERRED TO AG'S OFFICE - INJUIiCTION
ASSESSMENT DATE PENALTY AMOUNT COLLECTION DATES AMOUNTCOLLECTED
IS I I
PENALTYSTATUS _71T 77,77
mPr_77 77,�
PENALTY ISSUED
0 WILLFUL INTENTIONAL PENALTY'�MIN. OR D) UJ CNOV ISSUED_
PENALTY,NOT ISSUED DOUBLE
CONRACTOR'S FIRST OFFENSE Q SETTLED, AGREED UPON, OR STIPULATED PENALTY, P, PENALTY APPEALED
9•UNCOLLECTIB.LE PENALTY FORMAL CPA ISSUED
Violations Involving Adversely Impacted Resources
AMOUNT OF ADVERSELY DISTURBED AREA (SQ. FT.)
,AMOUNT OF RESTORED AREA (SQ. FT)
NOTES

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
NOTICE OF VIOLATION
Town of Atlantic Beach/ C/o Chuck Cooper, Town Manager
P. 0. Box 10
Atlantic Beach, NC, 28512
A��Z1I1b7
RE: NOTICE OF VIOLATION AND REQUEST TO CEASE UNAUTHORIZED DEVELOPMENT
CAMA MINOR VIOLATION #05 — 20 C
Dear Mr. Cooper:
This letter confirms that on June 3, 2005, Ted Tyndall, Assistant Director and I were onsite at your property
located at the end of Wilson St. adjacent to the Atlantic Ocean located in or near the Town of Atlantic Beach, off
West Fort Macon Rd., Carteret County, North Carolina. The purpose of the visit was to investigate unauthorized
dune alteration involving their recent stormwater pumping activity. This site visit followed an earlier visit I had
that morning with Mark Schultz.
Information gathered by the NC Division of Coastal Management 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-118.
I have information that you have undertaken, or are legally responsible for minor development by having the
Town Public Works excavate the dune with shovels and a backhoe to facilitate the drainage on the
aforementioned property. This activity took place in Ocean Hazard AEC that is contiguous with the Atlantic
Ocean. Ocean Hazard 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
I request that you immediately CEASE AND DESIST any further development and contact me about this
important 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 $100.00 against all
violations of this type. This is done to recoup some of the costs of investigating the violation and/or to
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
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

Town of Atlantic Beach
June 7, 2005
Page 2 of 3
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 the North Carolina Administrative Code, Title 15A, Subchapter 07H. State Guidelines for Areas of
Environmental Concern, the activity you have undertaken, dune alteration in the Ocean Hazard AEC, is not
consistent with Section 7H .0306(b), which states that no development that weakens a primary or frontal dune
due to removal or relocation will be allowed. Therefore, I am requesting that restoration involving returning the
dune to its pre -development state including elevation, profile, and planting of appropriate dune vegetation (i.e.,
Carolina Beach Grass, Sea Oats. etc) be completed. Please refer to the enclosed Restoration Agreement. It is
our understanding after talking with Mark Schultz that restorative action is in progress and might possibly be
completed today (6/7/05).
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 immediate 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. Upon completion of the restoration
as requested 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,
Coastal Management Representative
Cc: Ted Tyndall, Assistant Director, DCM
TewBartLr[t, District Manager, DCM
Roy Brownlow, Compliance Coordinator, DCM
ENCLOSURE
400 Commerce Avenue, Morehead City, North Carolina 28557
Phone: [phone] FAX: [phone] Internet: www.nccoastaimanagement.net
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Town of Atlantic Beach
June 7, 2005
Page 3 of 3
RESTORATION PLAN
For
Town of Atlantic Beach
CAMA Minor Violation #05 — 20C
Property located at Wilson Street, Atlantic Beach, Carteret County
Trough Area
Altered 6' x 24'
area
Dune
Dune
I, Chuck Cooper, agree to restore or have restored the dune to its predevelopment state, including elevation,
profile, and planting of dune vegetation.
I agree to complete this restoration to the satisfaction of the Division of Coastal Management (DCM) by June
15, 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 of
$100.00 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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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 _ , J Respondent not responsive to penalty/NOV
i. _
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 ES PTS
OEA HHF IH SA
DS Cl
SY JR LS TY
$S
SC SP
404
PWS: FC:
Other:
Restoration Required by the Respondent (Yes / No
j Dimensions in excess Dimensions to restore
jofpermit/ unauthorized activities )
Final dimensions
Actually restored j
allowed
Development Activities
- - - - -
-
Habitat Description
1--
T
i
NOTES:
Closing
Payment Received $_ _ _ — __ _-__ _-- -Date- _ ___ __ ____ -
Date Case Closed

,. '.
DCM ENFORCEMENT TRACKING REPORT
/� Issuer
Field Rep. /F l 41ep_ ����m1i %ii Violation Base No.
LPO A B C D
LPl Violated Permit No.
(if applicable)
Violation Description Was activity permittable? Yes f da)'
Initial Discovery Date xllAV_ 31 2X5 Discovery Method )�2�gf Ott roe-'w
Violation Description q�e0.y_.o_Q/_,-p_'�e---
.�xtc
Respondent Information Prior Violations in same AEC: Yes / No Case Number 05-a0 -121111C
Respondent oNName(s) . %Q_2U d)�. 1'¢ �(Landow r/Agen Contractor)
Address _.._ P! D i &r_ f d - - - - City 41A!flli _ State _N6- Zip �g7
,t ....
Phone # �So_' Fax# ------ --.- -- .. -- -
Email
Violation Type: Project Type: Authorizations Required: Site Visits Respondent Site Visits Respondent
❑ Na Permit-, PrivatelCommunity --- Present Present
_ I Major L_: CAMA
I. Permit Condition GovtlPublic _ l^ -3-- .0 - 4f I-�
1 Minor L_: D&F — - - - - -
[] Expired Permit [_� Commercial [_f General
_ Inconsistent wl Rules
Violation Location and Site Description
Rover File
Project Location: County._ �I¢�TE���Shoreline Length. �m_ Xe
Street Address/ State Road/ Lot #(s) d o�-4%j�gprr �t t SAM Not Sure Yes
City
— - ZIP ---a5�1i /2
/�/ --- --------__...--
Phone # (aS2) 7�_qJ?!Rtiver Basin __. ZeI%
Adj. Wtr. Body /11111?,u11G '�qcer. at an /unkn)
Closest Maj. Wtr. Body___-/W.
Restoration
Sandbags: Not Sure Yes do
PNA:
Yes
Adjacent
ORW:
Yes
Adjacent
Crit. Hat.
Yes
do
Photos
Yes
Waiver Required
Yes
In DWQ Buffer Area
Yes
No
n Extension Granted Yes No
NOV Date _ ...._________ !/_ 706j Initial Req. Comp. Date _ �'- L_� �D�j
CNOV Date .._._.__ ____ Date Comp.Observed Restoration Letter
- - --- --- -- Acceptance Date
Penalty Assessment I 7J 0409 Ref. I Recomm. Assess DCM Assess.
Sent to Respondent Date App./Permit Fee $ ! $
Rcvd. by Dist. Mgr. Date -..._... _ -_ _-- Penalty-- --[- ----- - - $ - ---- - -I $-
'
Assessment Extended Yes No Willful/Intent. i $ is
Continuing i $ $
---------- --- _ [--
Other is is
Total ! -"
'71 i 19'10f 0)(5) (20 �i i� iDD---- -----

flown of Atlantic Beach
• June 7, 2005
Page 3 of 3
RESTORATION PLAN
For
Town of Atlantic Beach
CAMA Minor Violation #05 — 20C
Property located at Wilson Street, Atlantic Beach, Carteret County
Trough Area
Altered 6' x 24'
area
Dune 1�
Dune
I, Chuck Cooper, agree to restore or have restored the dune to its predevelopment state, including elevation,
profile, and planting of dune vegetation.
I agree to complete this restoration to the satisfaction of the Division of Coastal Management (DCM) by June
15, 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.
SIGNA
DATE:
It is the policy of the Coastal Resources Commission to levy a minimum civil assessment of
$100.00 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 1 Affirmative Action Employer- 50% Recycled 110% Post Consumer Paper

UNITED STATES POSTAL SERVtCH
First -Class Mail
Postage & Fees _Paid
USPS
Permit No. G-10
• Sender: Please print your name, address, and ZIP+4 in this box
N.C. Division of Coastal Management ''5
400 Commerce Avenue .. d City
Morehead City, I .C. 285W
808-2808
017 111ItIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIII

■ 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 mailpiece,
or on the front if space permits.
1. Article Addressed to:
Town of Atlantic Beach
o Chuck Cooper, Town Manager
1'0Box 10
\-iantic Beach, NC 28512
A.
❑ Agent
B.
D. Is d ry address different from ftem 1? ❑ Yee
If Y enter delivery address below: ❑ No
3. Service Type
❑ Certified Mall ❑ Express Mall
❑ Registered ❑ Return Receipt for Merchandise
❑ Insured Mall ❑ C.O.D.
4. Restricted Delivery? (Extra Fee) ❑ Yes
2. Article Number 7004 2890 0003 8041 9809
Ps Forth 3811. February 2004 Domestic Return Receipt 102595.o2M.IW

Town of Atlantic Beach
June 7, 2005
Page 2 of 3 `
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 the North Carolina Administrative Code, Title 15A, Subchapter 07H. State Guidelines for Areas of
Environmental Concern, the activity you have undertaken, dune alteration in the Ocean Hazard AEC, is not
consistent with Section 7H .0306(b), which states that no development that weakens a primary or frontal dune
due to removal or relocation will be allowed. Therefore, I am requesting that restoration involving returning the
dune to its pre -development state including elevation, profile, and planting of appropriate dune vegetation (i.e.,
Carolina Beach Grass, Sea Oats. etc) be completed. Please refer to the enclosed Restoration Agreement. It is
our understanding after talking with Mark Schultz that restorative action is in progress and might possibly be
completed today (6/7/05).
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 immediate 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. Upon completion of the restoration
as requested 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,
Coastal Management Representative
Cc: Ted Tyndall, Assistant Director, DCM
Tere Barrett, District Manager, DCM
Roy Brownlow, Compliance Coordinator, DCM
ENCLOSURE
400 Commerce Avenue, Morehead City, North Carolina 28557
Phone: [phone] FAX: [phone] Internet: www.nccoastalmanagement.net
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eA
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
NOTICE OF VIOLATION
Town of Atlantic Beach/ C/o Chuck Cooper, Town Manager
P. 0. Box 10
Atlantic Beach, NC, 28512
June 7, 2005
RE: NOTICE OF VIOLATION AND REQUEST TO CEASE UNAUTHORIZED DEVELOPMENT
CAMA MINOR VIOLATION #05 — 20 C
Dear Mr. Cooper:
This letter confirms that on June 3, 2005, Ted Tyndall, Assistant Director and I were onsite at your property
located at the end of Wilson St. adjacent to the Atlantic Ocean located in or near the Town of Atlantic Beach, off
West Fort Macon Rd., Carteret County, North Carolina. The purpose of the visit was to investigate unauthorized
dune alteration involving their recent stormwater pumping activity. This site visit followed an earlier visit I had
that morning with Mark Schultz.
Information gathered by the NC Division of Coastal Management 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-118.
I have information that you have undertaken, or are legally responsible for minor development by having the
Town Public Works excavate the dune with shovels and a backhoe to facilitate the drainage on the
aforementioned property. This activity took place in Ocean Hazard AEC that is contiguous with the Atlantic
Ocean. Ocean Hazard 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
I request that you immediately CEASE AND DESIST any further development and contact me about this
important 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 $100.00 against ail
violations of this type. This is done to recoup some of the costs of investigating the violation and/or to
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
400 Commerce Avenue, Morehead City, North Carolina 28557
Phone: [phone] FAX: [phone] Internet: www.nccoastalmanagement.net
An Equal Opportunity 1 Affirmative Action Employer— 50% Recycled 110°k Post Consumer Paper