10-18C Fitzhenry

Ail'61%
NCDENR
North Carolina Department of Environment and Natural Resources
Division of Coastal Management
Beverly Eaves Perdue, Governor James H. Gregson, Director Dee Freeman, Secretary
October 25, 2010
Mr. Stephen Fitzhenry
1012 Clovelly Court
Raleigh, NC 27614
RE: Payment of Proposed Penalty for Violations of the Coastal Area Management Act,
Committed in Carteret County
CAMA Violation # 10-18C
Dear Mr. Fitzhenry:
This letter will acknowledge receipt of your Check # 958, in the amount of $200.00, and dated
10-22-10. 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].
\I
Roy Bro A�'ow
COmpli ce Coordinator
17IT-TIM.
cc: Ted'ryndall, AMMUftoft
Ryan Davenport, Compliance Field Coordinator
Jim Taylor, Local Permit Officer
400 Commerce Avenue, Morehead City, North Carolina 28557
Phone: [phone] \ FAX: [phone] \ Internet: www.nccoastaimanagement.net
An Equal Opportunity %Affirmative Action Employer— 50% Recycled 110% Post Consumer Paper

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1. Article Addressed to:
D.
Mr. Stephen Fitzhenry
1012 Clovell Court Drive
Raleigh, NC 27613
C.
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OCT 2 2 2010
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Mr. Stephen Fitzhenry
October 13, 2010
Page 3
RECEIVED
CAMA VIOLATION #10-18C OCT 2 5 2010
MR. STEPHEN FITZHENRY
AGREEMENT TO PAY PROPOSED CIVIL ASSESSMENT MoreheodCityl)CM
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 $200 against me for violation of the Coastal Area Management Act, NCGS
113A-100 et sec, committed on or near my property 5001 Ocean Drive, Emerald Isle, 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 September 17, 2010, and agree to pay the
proposed civil assessment of $200.
/p �).z 2010
ATE
SIGNATURE
ADDRESS
le i j� N C 27�
TELEPHONE NUMBER
400 Commerce Avenue, Morehead City, North Carolina 28557
Phone: [phone] FAX: [phone] Internet: www.nccoastalmanagement.net

f
(Zb
NCDENR
North Carolina Department of Environment and Natural
Division of Coastal Management
Beverly Eaves Purdue, Governor James H. Gregson, Director
October 13, 2010
CERTIFIED MAIL 70081830 0000 7330 2187
RETURN RECEIPT REQUESTED
T.J. Davis Jr., General Contracting, Inc.
c/o Mr. Tom Davis
4068-D Arendell Street
Morehead City, NC 28557
RE: CAMA VIOLATION #10-03C
Dear Mr. Davis:
Resources
Dee Freeman, Secretary
This letter is in reference to the Notice of Violation dated Februayr 12, 2010 that Mr. Brad Connell, representative
for the Division of Coastal Management issued to you as contractor for the unauthorized construction of a wooden
ramp and platform at Mr. Sammartino's property located off Garbacon Drive, near Merrimon, Carteret County.
The violation involved Coastal Wetlands, 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 $10,000 plus investigative costs 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 $500 plus $27
investigative costs, for a total of $527, 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 $527 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 NorthCarolina
Phone: [phone] \ FAX: [phone] \ Internet: www.nccoastaimanagement.net ort hCarolin
An Equal Opportunity \ Affirmative Action Employer — 50% Recycled \ 10% Post Consumer Paper A

T.J. Davis Jr., General Contracting, Inc.
c/o Mr. Tom Davis
October 13, 2010
Page 2
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,
RoyBmnlow
Compliance Coordinator
Enclosure
cc: M. Ted Tyndall, Assistant Director, DCM
Brad Connell, Coastal Management Representative, DCM
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
Nye Carolina
tuMAY

T.J. Davis Jr., General Contracting, Inc.
c/o Mr. Tom Davis
October 13, 2010
Page 3
CAMA VIOLATION #10.03C
T.J. Davis Jr., General Contracting, Inc.
c/o Mr. Tom Davis
AGREEMENT TO PAY PROPOSED CIVIL ASSESSMENT
I understand that the staff of the Department of Environment and Natural Resources will proppse the assessment
of a civil penalty and investigative costs in the amount of $527 against T.J. Davis Jr., Gene Contracting, Inc.
for violation of the Coastal Area Management Act, NCGS 113A-100 et sec, committed on or near 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 February12, 2010, and
agree to pay the proposed civil assessment of $527.
DATE SIGNATURE
ADDRESS
TELEPHONE NU
400 Commerce Avenue, Morehead City, North Carolina 28557
Phone: [phone] \ FAX: [phone] \ Internet: www.r
An Equal Opportunity \ Affirmative Action Employer— 50% Recycled \ 10% Post Consumer Paper
Nne
orthCarolina
Naturattrff

T.J. Davis Jr., General Contracting, Inc.
c/o Mr. Tom Davis
October 13, 2010
Page 3
CAMA VIOLATION #10.03C
T.J. Davis Jr., General Contracting, Inc.
c/o Mr. Tom Davis
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 and investigative costs in the amount of $527 against T.J. Davis Jr., General Contracting, Inc.
for violation of the Coastal Area Management Act, NCGS 113A-100 et se , committed on or near 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 February 12, 2010, and
agree to pay the proposed civil assessment of $527.
DATE
SIGNATURE
ADDRESS
TELEPHONE NUMBER
400 Commerce Avenue, Morehead City, North Carolina 28557 One
Phone: [phone] FAX: [phone] Internet: www.ndcoastaimanagement.net NaorthCarolli/a n
An Equal OpportunitylAffrmativeAction Employer-50%Recycled 110%Post Consumer Paper l� �'aturQ`[ff

s
e��
NCDENR
North Carolina Department of Environment and Natural Resources
Division of Coastal Management
Beverly Eaves Purdue, Governor James H. Gregson, Director Dee Freeman, Secretary
October 13, 2010
CERTIFIED MAIL 70081830 7330 2194
RETURN RECEIPT REQUESTED
Mr. Stephen Fitzhenry
1012 Clovell Court Drive
Raleigh, NC 27613
RE: CAMA VIOLATION t110-18C
Dear Mr. Fitzhenry:
This letter is in reference to the Notice of Violation dated September 17, 2010 that James Taylor, Local Permit
Officer for the Town of Emerald Isle, issued to you for the unauthorized construction of a concrete driveway at
5001 Ocean Drive, Emerald Isle, Carteret County. The violation involved High Hazard Flood Area, 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 $1,000 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 $200 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 $200 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 settlement of the penalty.
400 Commerce Avenue, Morehead City, North Carolina 28557
Phone: [phone] FAX: [phone] Internet: www.nccoastalmanagement.net
MR

Mr. Stephen Fitzhenry
October 13, 2010
Page 2
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,
" 2�1
Roy Brownlow
Compliance Coordinator
Division of Coastal Management
Enclosures
cc: M. Ted Tyndall, Assistant Director, DCM
James Taylor, Local Permit Officer, Town of Emerald Isle
400 Commerce Avenue, Morehead City, North Carolina 28557
Phone: [phone] FAX: [phone] Internet: www.nccoastalmanagement.net

I Mr, Stephen Fitzhenry
October 13, 2010
Page 3
CAMA VIOLATION #10-18C
MR. STEPHEN FITZHENRY
AGREEMENT TO PAY PROPOSED CIVIL ASSESSMENT
I understand that the staff of the Department of Environment and Natural Resources will pi
of a civil penalty in the amount of $200 against me for violation of the Coastal Area ME
113A-100 et se , committed on or near my property 5001 Ocean Drive, Emerald Isle, in
Carolina. In order to resolve this matter with no further action or expense on my part, I a
the violation as described in the Notice of Violation letter dated September 17, 2010,
proposed civil assessment of $200.
DATE
SIGNATURE
ADDRESS
TELEPHONE
400 Commerce Avenue, Morehead City, North Carolina 28557
Phone: [phone] FAX: [phone] Internet: www.nccoastalman
/.....-.,�--
;e the assessment
�ment Act, NCGS
:ret County, North
t responsibility for
agree to pay the

Mr. Stephen Fitzhenry
October 13, 2010
Page 3
CAMA VIOLATION #10.18C
MR. STEPHEN FITZHENRY
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 $200 against me for violation of the Coastal Area Management Act, NCGS
113A-100 et seg, committed on or near my property 5001Ocean Drive, Emerald Isle, 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 September 17, 2010, and agree to pay the
proposed civil assessment of $200.
DATE
SIGNATURE
ADDRESS
TELEPHONE NUMBER
400 Commerce Avenue, Morehead City, North Carolina 28557
Phone: [phone] FAX: [phone] Intemet: www.nccoastalmanagement.net
I.-C-....1 l�--nN�.-:A.1 ♦(C..--,:..n AM:..-C...-In..n. C/10/ f1......n1..J1 �/10/ 11nM l...-......n. ll..n...
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, 5 -own f EmeraCcClsCe :
Department of Planning and
Inspections
Kevin B. Reed, AICP, Director
kreed(a emeraldisle-nc.org
NOTICE OF VIOLATION
CERTIFIED MAIL
September 17, 2010
Mr. Stephen Fitzhenry
1012 Clovell Court Drive
Raleigh, NC 27613
Fp
7500 Emerald
Emerald Isle, NC 28
Voice 252-354-3338
Far 252-354-5387
RE: NOTICE OF VIOLATION AND REQUEST TO CEASE UNAUTHORIZED
DEVELOPMENT
CAMA MINOR VIOLATION #10-18C
Dear Mr. Fitzhenry:
This letter confirms that on September 15, 2010, I was on site at your property located at 5001 Ocean
Drive adjacent to the Atlantic Ocean located in the Town of Emerald Isle, Carteret County, North
Carolina. The purpose of the visit was to investigate unauthorized development of a newly placed
concrete driveway measuring an area of approximately 496 sq. ft. located landward of the Ocean
Erodible Setback, the static vegetation line and landward of the most landward adjacent structure but
within the High Hazard Flood Area of Environmental Concern (AEC).
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 (AEC) 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
unauthorized development of a newly placed concrete driveway measuring an area of approximately
496 sq. ft. located landward of the Ocean Erodible Setback, the static vegetation line and landward of
the most landward adjacent structure on the aforementioned property. This activity took place in the
High Hazard Flood Area that is contiguous with the Atlantic Ocean. The High Hazard Flood areas are
designated as Areas of Environmental Concern (AEC). No permit was issued to you for work in this

T 1A r' RECEIVED
area. Based on these findings, I am initiating an enforcement action by issuing this Notgf q) lZr"n
for violation of the Coastal Area Management Act. Morehead Cf y DCM
I request that you immediately CEASE AND DESIST any further development and contact me about
this important matter. A civil assessment of up to $1,000 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 $1,000. 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 (CRC) to levy a civil assessment not to exceed
$1,000 plus investigative costs against all violations. 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 damage to them.
Based upon the North Carolina Administrative Code, Title 15A, Subchapter 07H. State Guidelines for
Areas of Environmental Concern, the activity you have undertaken, a newly placed concrete driveway
measuring an area of approximately 496 sq. ft. in the High Hazard Flood AEC, appears consistent with
Section 7H. 0306, which regulates this type of development, therefore, I am not requesting restoration
at this time.
I request that you contact me immediately about this matter. The relevant statute 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. Upon submission of my enforcement report to
the Division of Coastal Management (DCM), you will be notified by the Division as to the amount of a
civil assessment for undertaking development without first obtaining the proper permit(s).
Si erel
J es W. Taylor, Jr.
Local Permit Officer
Cc: Ryan Davenport, District Compliance and Enforcement Representative, DCM
Barry Guthrie, District Compliance and Enforcement Representative, DCM
Roy Brownlow, Compliance and Enforcement Coordinator, DCM

RECEIVED
LOCAL PERMIT OFFICER ENFORCEMENT REPORT FOR MINOR VIOLATIONS
CASE NO. (Obtain from DCM office): #10-18C PERMIT NO. (If Applicable):
SEP 2 7 2010
Morehead Cffy DCM
LPO'S NAME: JIM TAYLOR LOCALITY: TOWN OF EMERALD ISLE
COASTAL MANAGEMENT REPRESENTATIVE: RYAN DAVENPORT
RESPONDENT'S NAME: STEPHEN FITZHENRY MAILING ADDRESS: 1012 CLOVFLLT
COUNTY: WAKE
NEAREST/ADJACENT WATER BODY: ATLANTIC OCEAN
PREVIOUS VIOLATIONS (CHECK LOCAL FILES AND CALL DCM OFFICE): NO ['YES ❑
DATE OF ENFORCEMENT LETTER: September 17, 2010
ADDRESS/LOCATION OF VIOLATION: 5001 OCEAN DR
VIOLATION DESCRIPTION: PLACEMENT OF 496 SQ FT OF CONCRETE DRIVEWAY IN THE HIGH
HAZARD FLOOD AREA PRIOR TO SECURING FIRST A CAMA MINOR PERMIT
VIOLATION TYPE: MINOR CAMA ❑ VIOLATION OF PERMIT
CONDITIONS/SPECIFICATIONS
❑ STOP WORK ORDER (WORK IN PROGRESS)
RESTORATION REQUIRED: ❑YES dNO DATE REQUIRED FOR COMPLETION: N/A
DATE RESTORATION COMPLETED - SITE INSPECTION DATE: NA
or PERMIT ISSUE DATE: NA
AEC TYPE: ❑ESTUARINE SHORELINE ❑ PjJBLIC TRUST SHORELINE
OCEAN ERODIBLE AREA IGH HAZARD FLOOD AREA
INLET HAZARD AREA UNVEGETATED BEACH AREA
FOR DCM OFFICE USE ONLY
RECOMMENDED ASSESSMENT AMOUNT: $ REFERENCE: 7J. 0409W5-Y4
/ZX I1 �rA�i�
DATE REPORT RECEIVED: Z ZO(O ASSESSED AMOUNT: $
DATE OF ASSESSMENT LETTER: (fi l3 Zo l l) DATE PAYMENT RECEIVED:
AMOUNT RECEIVED: CLOSURE DATE
WILLFUL AND INTENTIONAL PENALTY: ❑ (ATTACH DOCUMENTATION)

Department of Planning and
Inspections
Kevin B. Reed, AICP, Director
laeed(a),emeraldisle-nc.ore
Town of emerald Isle
NOTICE OF VIOLATION
CERTIFIED MAIL
RETURN RECEIPT REQUESTED
September 17, 2010
Mr. Stephen Fitzhenry
1012 Clovell Court Drive
Raleigh, NC 27613
7500 Emerald Drive
Emerald Isle, NC 28594
Voice 252-354-3338
Fax [phone]
RE: NOTICE OF VIOLATION AND REQUEST TO CEASE UNAUTHORIZED
DEVELOPMENT
CAMA MINOR VIOLATION #10-18C
Dear Mr. Fitzhenry:
This letter confirms that on September 15, 2010, I was on site at your property located at 5001 Ocean
Drive adjacent to the Atlantic Ocean located in the Town of Emerald Isle, Carteret County, North
Carolina. The purpose of the visit was to investigate unauthorized development of a newly placed
concrete driveway measuring an area of approximately 496 sq. ft. located landward of the Ocean
Erodible Setback, the static vegetation line and landward of the most landward adjacent structure but
within the High Hazard Flood Area of Environmental Concern (AEC).
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 (AEC) 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
unauthorized development of a newly placed concrete driveway measuring an area of approximately
496 sq. ft. located landward of the Ocean Erodible Setback, the static vegetation line and landward of
the most landward adjacent structure on the aforementioned property. This activity took place in the
High Hazard Flood Area that is contiguous with the Atlantic Ocean. The High Hazard Flood 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 $1,000 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 $1,000. An injunction or cruninal 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 (CRC) to levy a civil assess
$1,000 plus investigative costs against all violations. This is done to recoup so
investigating the violation and/or to compensate the public for any damage to it!
Whether a higher amount will be assessed will depend on several factors, including
of the resources affected and the extent of the damage to them.
Based upon the North Carolina Administrative Code, Title 15A, Subchapter 07H.
Areas of Environmental Concern, the activity you have undertaken, a newly places
measuring an area of approximately 496 sq. ft. in the High Hazard Flood AEC, apI
Section 7H. 0306, which in this case the integrity of the frontal and primary dune
adversely affecting the dune. Therefore, I am not requesting restoration at this time
I request that you contact me immediately about this matter. The relevant statute
available from this office, and I am willing to assist you in complying with the re
laws. A site inspection will be made in the immediate future to determine whetl
TO CEASE AND DESIST has been complied with. Upon submission of my er.
the Division of Coastal Management (DCM), you will be notified by the Division a
civil assessment for undertaking development without first obtaining the proper per
Sincerely,
James W. Taylor, Jr.
Local Permit Officer
Cc: Ryan Davenport, District Compliance and Enforcement Representative, DC.
Barry Guthrie, District Compliance and Enforcement Representative, DCM
Roy Brownlow, Compliance and Enforcement Coordinator, DCM
lent not to exceed
ie of the costs of
natural resources.
he nature and area
tate Guidelines for
concrete driveway
ars consistent with
,r vegetation is not
nd regulations are
airements of these
r this REQUEST
)rcement report to
to the amount of a