02-38C Perry

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NOV Sent: �/I / 'Violation: NWor:__Le:�Minor:_ Perm Cond:
Restore: S Requested: / / Con
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TYPE
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EXCAVATE
(Sq.Ft.)
FILLED
(SOR)
RESTORE
(Sq.Ff.)
t)ER
******* ASSESSMENT & DISPOSITION *******
m
Recommended Assmt: $qW __ References: 7J. Criteria:
Report Rcvd: / / Assessed: $ tIftN To AG: To Violator: I 13 / J--�
Payment Received: $ �M.•°s" On: lZ l /9 / uz
# Of Violators: Total Assessment: $
Case (Closed: M /l9 /aL
Total Received: $
REVISED: 12/92 ATTiJ. 920AI Zaa6v-
AeA,eA 741RsT--A14,S

AMA
_
NCDENR
North Carolina Department of Environment and Natural Re
Division of Coastal Management
Michael F. Easley, Governor
December 19, 2002
Mr. Ron Perry
1400 E. Fort Macon Rd., Unit 517
Atlantic Beach, N.C. 28512
Donna D. Moffitt, Director William G.
RE: Payment of Proposed Penalty for Violations of the Coastal Area
Committed in Carteret County
CAMA Violation #02-38C
Dear Mr. Perry:
This letter will acknowledge receipt of your Check #1019, in the amount of 5
12/19/02. Once the amount of the check is credited to the Department of
Natural Resources' account, this matter will be fully and completely closed.
If you have any further questions concerning this matter, please contact me at
office, [phone].
Sincerely,
�ec1 1 )v CS O—LL
M. Ted Tyndall
District Manager
MTT/rcb
cc: Donna D. Moffitt
Charles S. Jones
Tere Barrett, Coastal Management Rep.
Henry Wicker, COE
151-B Hwy. 24, Hestron Plaza II, Morehead City, North Carolina 2E
Phone: [phone] \ FAX: [phone] \ Intemet: http://dcm2.enr.s
An Equal Opportunity \ Affirmative Action Employer— 50% Recycled \ 10% Post Consumer
(1)
Jr., Secretary
Act,
and dated
ment and
Morehead City
I3/aj

WAIVER OF RIGHT TO ADMINISTRATIVE HEARING
AND AGREEMENT TO PAY PROPOSED CIVIL ASSESSME
I understand that the staff of the Department of Environment and
will propose the assessment of a civil penalty in the amount of $700.00 against
02-38C
Resources
for violation
of the Coastal Area Management Act, NCGS 113A-100 et seq., committed on Oy property
adjacent the Newport River, in Carteret County, North, Carolina. I also
a right under G.S. 113A-126(d)(3) and 150B-23 to a quasi-judicial
the alleged violation and proposed civil penalty.
In order to resolve this matter with no further action or expense on my
responsibility for the violation as described in the Notice of Violation letter
2002, voluntarily waive my legal right to an administrative hearing, and agree
assessment of $700.00. I understand that in doing so, I also hereby foreclose
appeal to the Superior Court of North Carolina.
/L--lf-aZ
DATE
nd that I have
hearing on
rt, I accept
August 16,
pay the civil
i right of
TELEPHONE NUMBE

14
NCDENR
North Carolina Department of Environment and Natural
Division of Coastal Management
Michael F. Easley, Governor Donna D. Moffitt, Director
December 13, 2002
CERTIFIED MAIL
RETURN RECEIPT REQUESTED
Mr. Ron Perry
1400 E. Fort Macon Road
Atlantic Beach, NC 28512
RE: CAMA Violation #02-38C
Dear Mr. Perry:
William G.
This letter is in reference to the Notice of Violation sent to you on Au
the unauthorized development on your property located adjacent to the Newp
end of Dogwood Lane, in Carteret County, North Carolina. The violation in
unauthorized grading of more than one acre and involved the filling of jurisdi
wetlands within the Coastal Shoreline of the Newport River. The Coastal Shc
of Environmental Concern (AEC) designated by the Coastal Resources Comr
restoration requested by the North Carolina Division of Coastal Management
satisfactorily completed.
The Coastal Area Management Act provides that a civil assessment of
may be assessed for any violation. It is the policy of the Coastal Resources C
assess a civil penalty for all violations. This is done to recover some of the a
investigating violations and/or to compensate the public for any damage to its
resources.
Under Coastal Resource Commission rules, a civil penalty in the amot
appropriate for this violation. Therefore, I am informally proposing a $700.0
you. You may expeditiously resolve this matter at this time by accepting rest
violation, waiving your right to an administrative hearing, and paying the aml
above. In order to do this you must: (1) sign one of the attached copies of a '
to Administrative Hearing and Agreement to Pay Civil Assessment", (2) attac
money order for $700.00 made payable to the North Carolina Department of
Natural Resources (DENR); and (3) return the signed waiver and payment to
enclosed, self-addressed envelope within ten (10) days of receipt of this letter
deposit your check in the Department's account and issue you a Notice of Co
officially closing this enforcement action. If you do not send a signed waiver
this office within ten (10) days, the Director, Division of Coastal Managemet
151-B Hwy. 24, Hestron Plaza II, Morehead City, North Carolina 2E
Phone: [phone] \ FAX: [phone] \ Internet: www.nccoastalman
An Equal Opportunity \ Affirmative Action Employer— 50% Recycled \ 10% Post Consumer
Jr., Secretary
it 16, 2002 for
River at the
ved the
)nal 404
ine is an Area
;ion. All
s been
to $2500.00
mission to
of
: of $700.00 is
penalty against
►sibility for the
nt proposed
laver of Right
a check or
tvironment and
is office in the
I will then
id payment to
will formally

4
Mr. Ron Perry
Page 2
December 13, 2002
assess a civil penalty assessment 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 matter. If you have any
questions, please do not hesitate to contact me at my Morehead City office, telephone number
[phone].
Sincerely,
M. Ted Tyndall
District Manager
Enclosures
cc: Charles S. Jones - Assistant Director, DCM
Tere Barrett - Field Representative, DCM
Henry Wicker - USACOE, Wilmington
Eileen Benton - LPO, Town of Morehead City

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NCDIVISIONHESTROi pWZA3TA11, 5MBAN1�24NT
MOREHEAD CITY, NC 28557
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PS Form 3811, August 2001 Domestic Return Receipt 102595-022M 1035

WAIVER OF RIGHT TO ADMINISTRATIVE HEARING
AND AGREEMENT TO PAY PROPOSED CIVIL ASSESSMI
I understand that the staff of the Department of Environment and
will propose the assessment of a civil penalty in the amount of $700.00 against
of the Coastal Area Management Act, NCGS 113A-100 et seg., committed on
adjacent the Newport River, in Carteret County, North Carolina. I also
a right under G.S. 113A-126(d)(3) and 150B-23 to a quasi-judicial
the alleged violation and proposed civil penalty.
In order to resolve this matter with no further action or expense on my
responsibility for the violation as described in the Notice of Violation letter
2002, voluntarily waive my legal right to an administrative hearing, and agree
assessment of $700.00. I understand that in doing so, I also hereby foreclose
appeal to the Superior Court of North Carolina.
DATE
SIGNATURE
ADDRESS
TELEPHONE
02-38C
Resources
.e for violation
y property
nd that I have
hearing on
rt, I accept
August 16,
pay the civil
y right of

02-38C
WAIVER OF RIGHT TO ADMINISTRATIVE HEARING
AND 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 $700.00 against me for violation
of the Coastal Area Management Act, NCGS 113A-100 et sec-, committed on my property
adjacent the Newport River, in Carteret County, North Carolina. I also understand that I have
a right under G.S. 113A-126(d)(3) and 150B-23 to a quasi-judicial administrative hearing on
the alleged violation and proposed civil penalty.
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 August 16,
2002, voluntarily waive my legal right to an administrative hearing, and agree to pay the civil
assessment of $700.00. I understand that in doing so, I also hereby foreclose any right of
appeal to the Superior Court of North Carolina.
1004021
SIGNATURE
ADDRESS
TELEPHONE NUMBER

AMA
NCDENR
North Carolina Department of Environment and Natural
Division of Coastal Management
Michael F. Easley, Governor Donna D. Moffitt, Director
Mr. Ron Perry
1400 E. Fort Macon Rd.
Atlantic Beach, NC 28512
Re: Restoration Completion
CAMA Violation #02-38C
Dear Mr. Perry:
William G.
On October 31, 2002, a site visit was made to your property on Lois Lane at the
Lane, in Carteret County to determine the level of completion accomplished on
restoration cited in Notice of Violation #02-38C. Based on this site visit, all res
requested by this Division has been satisfied. This notice will be sent to the US
Engineers as an aid in determining restoration of the federal wetlands. Pending
of an enforcement report to the District Manager, you will be notified as to the a
civil penalty for undertaking this unauthorized activity within an Area of Envirc
Concern.
Thank you for your attention and cooperation in this matter. If you have any
feel free to call me at 808-2808.
Sincerely,
T. Barrett
Coastal Management Representative
Cc: Charles Jones, DCM
Ted Tyndall, DCM
Henry Wicker, COE
Eileen Benton, LPO
151-B Hwy. 24, Hestron Plaza II, Morehead City, North Carolina 2E
Phone: [phone] \ FAX: [phone] \ Internet: http:lldem2.enr.s
Jr., Secretary
05, 2002
l of Dogwood
required
Ltion as
ny Corps of
submission
unt of the
please
An Equal Opportunity \ Affirmative Action Employer— 50% Recycled \ 10% Post Consumer

Ll,iYl C,lvr Vnl,C,iVlr,i� 1 KY.r VK1
(Use for Waivers)
Case #: ! Permit #: Consultant:
Name: 1 Address:
City: ° 41 cc,, ficioL State:(jZip: �5 Phone #:
County: Nearest Water Body%Lq-94L
Mate Pl
Locality:
X:
State Plane Y:
Vio Descp: 1 C S
Ij
NOV Sent: S/l(o/O-Violation: Wor:_L,�lMinor:_ Perm Cond.' C :V_ D&F: _
Restore: Z3 Requested: / / Completed: /0 /3/U�Y/Cif
c/No) (MO) (Day) (Yr) (MO) (Day) (Yr)
Estuary: _ Pub Trst: _ Shoreline: x Ocean Hz: _ Other: _ Pri N irs: _ ORW:
Wetlands: IM11713
-IN.)
SA:
DS:
CJ:
SY:
JR:
LS:
TY:
SS:
SC:
SP:
1F:
BF:
WS:
MY
TYPE EXCAVATE FILLED RESTORE OTHER
(AEG) (Sq.Ft.) (Sq.Ft) (Sq.R.) (Sq.R.)
CS CL�S6o 5�3eS6o
******* ASSESSMENT & DISPOSITIONdw
i
Recommended Assmt: $ AGE References: 7J..C)(-teria: 3
4y,� ``)
Report Rcvd: / / Assessed: $ To AG: / / To Violator:
Payment Received: $ On: / / Case Closed:
# Of Violators: Total Assessment: $ Total Received: $
REVISED: 12/92 A?T,.l E3RiAn/ Zor!(s,
4W�4 74 7 TIA14J

4
r
NCDENR
North Carolina Department of Environment and Natural Resources
Division of Coastal Management
Michael F. Easley, Governor Donna D. Moffitt, Director William G. Ross Jr., Secretary
CERTIFIED MAIL
RETURN RECEIPT REOUESTED August 16, 2002
Mr. Ron Perry
1400 E. Ft. Macon Rd.
Atlantic Beach, NC 28512
RE: NOTICE OF VIOLATION AND REQUEST TO CEASE UNAUTHORIZI D DEVELOPMENT
CAMA VIOLATION k02-38C
Dear Mr. Perry:
Information gathered by the Division of Coastal Management shows that you h ve undertaken Major
Development in violation of the Coastal Area Management Act.
No person may undertake Major Development in a designated Area of Environment Concern without first
obtaining a permit from the North Carolina Coastal Resources Commission, North Carolina General Statutes
(hereinafter abbreviated NCGS) 113A-118. I have information that you have undertaken Major
Development by grading in excess of 1 acre of property, including federal wetlands, located at the end of
Dogwood Lane, in Carteret County. This development is being undertaken within the Coastal Shoreline, a
designated Area of Environmental Concern, and no permit has been issued for' t. Therefore, I have
concluded that you are in violation of the permit requirement of the Coastal Area Management Act.
I request that you immediately CEASE AND DESIST any further development an contact me about this
matter. Since the development you have undertaken is not consistent with the applicable standards, you will
be required to restore the area to its former condition. A civil assessment of up to $2500.00 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 $2500.00. An „
injunction or criminal penalty may also be sought to enforce any violation, NCGS 13A-126.
It is the policy of the Coastal Resources Commission to assess a minimum civil pen lty of Three Hundred r
Fifty Dollars ($350.00) against all violations of this type. This is done to recou 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 that were affected and the extent of the damage to them. If restoration oft e affected resources is
requested, as in this case, but is not undertaken or completed satisfactorily, a substantially higher civil
penalty will be assessed and a court injunction will be sought ordering restoration.
151-B Hwy. 24, Hestron Plaza II, Morehead City, North Carolina
Phone: [phone] \ FAX: [phone] \ Internet: www.nccoastaln
An Equal Opportunity 1 Affirmative Action Employer — 50% Recycled \ 10% Post Consumer

Ron Perry
Page 02
August 16, 2002
The enclosed Restoration Plan describes the action necessary to bring this project into compliance with the
Act. Provided you intend to cooperate with my request to remove all fill material from the wetland area, as
designated by the US Army Corps of Engineers, stabilize the remainder of the unconsolidated material,
request and obtain all necessary authorizations from the NC Division of Land Quality and the NC Division
of Water Quality — Stormwater Section, please sign one of the attached Restoration Plans and return it to me
in the enclosed, self-addressed envelope. No response from you within ten (10) days of receipt of this letter
will be interpreted as a refusal to cooperate and result in a Notice of Continuing Violation and a court order
will be sought ordering restoration.
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. Once again, I
request that you contact me immediately about these matters.
Sincerely,
T. Barrett
Coastal Management Representative
tjb
Enclosures
cc: Charles S. Jones, DCM
M. Ted Tyndall, DCM
Henry Wicker, COE
Kevin Yates, COE
Eileen Benton, LPO

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• Sender: Please print your name, address, and ZIP+4 in this box
NC DIVISION OF COASTAL MANAGEMENT
HESTRON PLAZA II, 151-B, HWY. 24
MOREHEAD CITY, INC 28557
[phone]

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PS Form 3811, August 2001 Domestic Return Receipt 102595-02-M-1035

RESTORATION PLAN 0
FOR I
RON PERRY I SEP 0 3 2002
PROPERTY LOCATED AT THE TERMINUS OF DOGWOOD LAME, CARTERET COUNTY
Y'
All material placed, moved, or allowed to be moved into wetlands, as delineated y flagging, must be
removed to high ground, and wetland area returned to original contour and elevatioi i. Silt fencing must
be installed around the perimeter of the disturbed area. Authorizations must be ot tained from the NC
Divisions of Land Quality and Water Quality for the proposed development. _ n
Date: ..J41 Ali .2002
It is the policy of the Coastal Resources Commission to levy a minimum civil ass ssment of $350.00
against all violators, and higher, depending on damage to resources. If restoration is not undertaken or
satisfactorily completed, a substantially higher civil assessment will be levied and an njunction sought to
require restoration.

RESTORATION PLAN
FOR
RON PERRY
PROPERTY LOCATED AT THE TERMINUS OF DOGWOOD LANE,
COUNTY
All material placed, moved, or allowed to be moved into wetlands, as delineated y flagging, must be
removed to high ground, and wetland area returned to original contour and elevation. Silt fencing must
be installed around the perimeter of the disturbed area. Authorizations must be obtained from the NC
Divisions of Land Quality and Water Quality for the proposed development.
Signature
Date:
It is the policy of the Coastal Resources Commission to levy a minimum civil asse
against all violators, and higher, depending on damage to resources. If restoration i
satisfactorily completed, a substantially higher civil assessment will be levied and an
require restoration.
2002
sment of $350.00
not undertaken or
ijunction sought to