05-40C DJF Builders

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Katrina F. Marshall, AICP
Director
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CARTERET COUNTY
DEPARTMENT OF
PLANNING & DEVELOPMENT
CERTIFIED MAIL
RETURN RECEIPT REQUESTED
Mr. Dennis Fitzgerald
DJF Builders Inc.
1009 Classic Road
Apex, NC 27539
Main Office:
Courthouse Square
Beaufort, NC 28516-1898
Tel: [phone]
[phone]
Fax: [phone]
NOTICE OF VIOLATION
October 4, 2005
Western Office:
701 Cedar Point Blvd.
Cedar Point, NC 28584-8013
Tel: [phone]
Fax: [phone]
RE: NOTICE OF FAILURE TO COMPLY WITH PERMIT CONDITIONSAND/OR CAMA STANDARDS
Dear Mr. Fitzgerald: (35 P A
This letter confirms that on 09/30/05,1 was onsite at your project located 145 aterway Drive adjacent to
Bogue Sound located in Cedar Point, Carteret County, North Carolin . e purpose of the visit was to
monitor the development project authorized under CAMA Minor Development Permit Number WO-56-04. I
found that all applicable CAMA standards found in Title 15A NCAC 7H are not being met as required by the
Permit and the Act.
Based upon the North Carolina Administrative Code, Title 15A, Subchapter 07H. State Guidelines for Areas
of Environmental Concern, the activity you have undertaken, construction of a single-family dwelling and
paved driveway in the Estuarine Shoreline AEC adjacent to an Outstanding Resource Water, is not
consistent with Section 15A 07H .0209 (f), which states in part; built upon area is limited to no more than
25% of the lot and a 30 foot buffer zone must be maintained between all development and the normal high
water line.
Information gathered at the time of my inspection shows that you, as contractor for the aforementioned
project, have undertaken, or are legally responsible for minor development by exceeding the allowed
impervious coverage by about 1068 sq ft and have allowed development within the required 30 foot buffer.
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.
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/her permit, may be found to
be in violation of the Coastal Area Management Act (CAMA) as specified in North Carolina General

1YJF builders Inc.
October 4, 2005
Page 2 of 2
Statutes (N.C.G.S) 113A-126. Any development activity within a designated AEC, that was not authorized
by WO-56-04, may also be a violation of N.C.G.S. 113A-118. Such violations may be subject to civil and/or
criminal penalties.
Since this is your first documented offense as a contractor in this designated Area(s) of Environmental
Concern, there will be no assessment levied against you in accordance with the North Carolina
Administrative Code, Title 15A, Subchapter 7J.0409(f)(5)(F)(i). However, if you continue to violate the
Coastal Area Management Act, you should consider yourself forewarned and expect a civil assessment to
be levied against you consistent with the North Carolina Administrative Code, Title 15A, Subchapter 7J,
Section .0409, as adopted by the Coastal Resources Commission.
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. I am available to meet with you on site if you have any
questions concerning this matter.
Sincerely,
Dalton Henry
Local Permit Officer
Cc: Ryan Davenport, DCM
Ted Tyndall, District Manager, DCM
Roy Brownlow, Compliance Coordinator, DCM
Chris Seeberg, CMR Services
Katrina Marshall, Planning and Development Director

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11/02/2005 16:27 3933205 WESTERN OFF PAGE 01
CARTERET COUNTY
WESTERN OFFICE
PLANNING AND INSPECTIONS
FAX TRANSMITTAL FORM
To: ���
Organiza ' n:
Fax Number: 2U� - 3330
From: l rcy�j 69,- I ' eb
Phone: [phone]
Fax Number: 252/393-3205
Dale: I l 1210s-
Number of pages including cover: 2
MESSAGE:
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