97-31D Cooper

NCDENR
North Carolina Department of Environment and Natural
Division of Coastal Management
Michael F. Easley, Governor Donna D. Moffitt, Director
October 12, 2001
CERTIFIED MAIL 7001 0320 0003 0382 3800
Mr. Jack Cooper
PO Box 933
Rose Hill, NC 28458
RE: Letter of Assessment for: CAMA Violation N97-31D
Dear Mr. Cooper:
9
Resources
William G. Ross Jr., Secretary
OCT 2 2 2001
This letter is in reference to the Notice of Violation sent to you on March 3, 1997 by the Town of Surf
City, for the unauthorized development activities, at your property located at 2510 South Shore Drive, Surf City,
Pender County. The violation involved pilings placed oceanward of the first line of stable, natural -vegetation,
which is an Area of Environmental Concern designated by the Coastal Resources Commission. All restoration
requested by the Division of Coastal Management has been completed.
The Coastal Area Management Act provides that a civil assessment of up to $2500.00 may be assessed
for any violation. It is the policy of the Coastal Resources Commission to assess a civil penalty for all violations.
This is done to recover some of the costs of investigating violations and/or to compensate the public for any
damage to its natural resources.
Under Coastal Resource Commission rules, a civil penalty in the amount of $100.00 is appropriate for
this violation. In order to expeditiously resolve the matter, you may accept responsibility for the violation, waive
your right to an administrative hearing, and pay the amount proposed above. I am enclosing two (2) copies of
a "Waiver of Right to Administrative Hearing and Agreement to Pay Civil Assessment". If you understand the
proposed assessment and wish to pay, you should: 1) sign one of the attached waivers; 2) include a check or
money order for $100.00 made payable to the North Carolina Department of Environment and Natural Resources
(DENR); and, 3) return the signed waiver and payment to this office in the enclosed, self-addressed envelope
within ten (10) days of receipt of this letter. I will forward a copy of the Waiver with your check or money order
to the Department's Office of General Council which will in turn notify you of your compliance and the closure
of this enforcement action. If you do not respond within ten (10) days of receipt of this notice, I will issue a civil
penalty assessment which you may appeal by filing a petition for a hearing with the Office of Administrative
Hearing.
127 Cardinal Drive Extension, Wilmington, North Carolina 28405-3845
Phone: [phone]\Fax: [phone] \ Internet: http://dcm2.enr.state.nc.us
An Equal Opportunity \ Affirmative Action Employer - 50% Recycled \10% Post Consumer Paper

Mr. Jack Cooper
October 12, 2001
Page Two
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 Wilmington office at 910/395-3900.
Sincerely,
A
JNAv V/
C. Robert Stroud, Jr.
District Manager
CRS/trw
Enclosures
cc: Charles S. Jones
Scott Jones
Janet Russell, Field Representative
Steve Padgett, LPO

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 $100.00 against me for violation of the Coastal Area Management
Act, NCGS 113A-100 et seq, committed on or near my property in Pender 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 March 3, 1997, voluntarily waive my legal right
to an administrative hearing, and agree to pay the civil assessment of $100.00. I understand that in doing so,
I also hereby foreclose any right of appeal to the Superior Court of North Carolina.
DATE
NOV # - 97-31D
SIGNATURE
ADDRESS
TELEPHONE NUMBER

r
NCDENR
North Carolina Department of Environment and Natural Resources
Division of Coastal Management
Michael F. Easley, Govemor Donna D. Moffitt, Director William G. Ross Jr., Secretary
Mr. Jack Cooper
P. O. Box 933
Rose Hill, NC 28458
RE: 2510 South Shore Drive
Surf City, NC
Dear Mr..Cooper:
The Division of Coastal Management has many outstanding, unresolved Notices of Violation from past years. We
are engaged in an effort to get these old Notices closed out. Your name appears on the list. You were never
assessed a penalty for the Notice of Violation issued you by the Town of Surf City in March, 1997.
Attached is an assessment letter. If you pay the penalty and sign the waiver form, we will consider this matter
closed.
Please feel free to call me should you have questions, 910 395-3900.
Sincerely,
�1
Janet M. Russell
Coastal Management
cc: Scott Jones, DCM
127 Cardinal Drive Extension, Wilmington, North Carolina 28405-3845
Phone: [phone]Fax: [phone] Internet: http://dcm2.enr.state.nc.us
An Equal Opportunity 1 Affirmative Action Employer - 50%'Recycled \70% Post Consumer Paper

DCM ENFORCEMENT ACTION REPORT SHEET
Report Date I
Case No. Gl 3 t District Office l.A-S I RE)
Responsible Party: JA&Y- CAoj�4m
Location: Road
Waterbody
Locality
County 4
Violation Description:
DCM Representative:
Date Initiated / NOV: 313 IG)
Restoration Requested: 0 N Restoration Completed: OY NI
Penalty Assessed: Y N Penalty Collected: Y N
Recommendation: Proceed Discontinue
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fNURF CIT Y
O RTH CAROLINA 2 8 4 4 5
March 3, 1997
CERTIFIED MAIL #P 283 753 152
Mr. Jack Cooper
% Teresa Cooper
P. O..Box 933
Rose Hill, NC 28458
RE: NOTICE OF VIOLATION 96 17 12
2510 South Shore Drive
Surf City, NC/Pender County
Dear Mr. Cooper:
VELVA E. KEE, 1Y
NELVA R. ALBUflY, OR PRO TEM
KENNEM D. BA , c=1 MEMBER
DOUGLAS C. MEDUN, CWNUL MEMBER
BOBBY C. SMrrH. COMIC4 MEMBER
TODD N. THOMAS. COUNGI MEMBER
Information gathered by the Division of Coastal Management indicates that you have
undertaken development activities in violation of the Coastal Area Management Act.
No person may undertake development in a designated Area of Environmental
Concern withoyt first obtaining a permit from the North Carolina Coastal Resources
Commission, N6 General Statutes 113A-118. This letter confirms that an inspection
was made at 2510 S. Shore Dr. in Surf City, Pender County, North Carolina , to
investigate construction occurring within the Ocean Hazard Area of Environmental
Concern. The site visit verified that you have set pilings oceanward of the first line of
stable, natural -vegetation. Therefore, it was concluded that you are in violation of the
permit requirement of the Coastal Area Management Act.
You are hereby notified to CEASE AND DESIST any further development on your
property. The development you have undertaken is NOT consistent with the
applicable standards. Therefore, you will be required to bring this development into
compliance. A civil assessment of up to Two Hundred and Fifty Dollars ($250.00)
may be assessed against any violator. Each day that the development activity
described in this notice is continued or repeated may constitute a separate violation
which is subject to an additional assessment of up to $250.00 An injunction or
criminal penalty may also be sought to enforce any violation (NCGS 113A-126).
It is the policy of the'Coastal Resources Commission to levy a minimum civil penalty
PLO Box.24Z5 214-N.,New.
Tg_. - hone (610) 328-413Tc.• FAX;-(910).328-4132
• -

March 3, 1997
Page 2
done to recoup some of the costs of investigating violations randlor to compensate the
public for any damage to its natural resources. Whether a higher amount will be
assessed depends on several factors, including the nature and amount of resources
affected, the extent of the damage to the resources, and whether full cooperation is
forthcoming in bringing the project into compliance.
The enclosed Restoration Plan describes the action necessary to bring this project into
compliance with the Act... Please sign the Restoration Agreement if you intend to
comply and return it to us. If the requested restoration is not undertaken or completed
.satisfactorily, a higher civil assessment may be levied and a court injunctionsought to
order restoration.
Pending the ,satisfactory resolution of this violation, you will be notified of the amount
of the civil assessment. Please note that you were informally notified by letter,
December 17,'1996,,that •the deck did not comply with the rules. This gave you an
opportunity to comply without a violation being issued.
Thank you for you prompt attention and cooperation in resolving this. If you have
questions, please call me at 910-32B-4131 or Janet Russell. at 910-395-3900.
Sincerely,
Jane Kirk
Local Permit Officer
cc:Wilmington office DEHNR

RESTORATION AGREEMENT
Jack Cooper, 2510 S. Shore Dr., Surf City, Pender County
1. Cut the size of deck back to SIX FEET WIDE (6') and remove the pilings or
remove the entire structure.
I agree to complete the restoration work on or before March 25, 1997.
Jack Cooper Date

I ,
JR — CSUnDF CITY
MOWN NORTH CAROLINA• 28445
December 17, 1996
Mr. Jack Cooper
% Teresa Cooper
P. O: Box 933
Rose Idill, NC 28458
RE: pilings/2510 S. Shore Dr.
Dear.Mr. •Cooper:
VANCE E. KEE, MAYOR
NELVA R. ALBURY, MAYOR PRO TEM
KENNETH D. BATTS, COUNCIL MEMBER
DOUGLAS C. MEDLIN, COUNCIL MEMBER
BOBBY C. SMITH, COUNCIL MEMBER
TODD N. THOMAS, COUNO L MEMBER
A site inspection at 2510 S. Shore Dr. indicated that there are pilings on the beach that
must be removed according to the Division of Coastal Management's guidelines for replacement
of storm-damaged�structures. Failure to voluntarily comply by removing these pilings will result
in a violation requiring removal and assessment of a civil penalty.
If you have any questions, please contact Floyd Stewart of meat 910-328-4131.
Sincerely,
Jane B. Kirk, LPO
cc: DMC Field Representative

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March 10, 1997
Ms Jane Kirk
P.O. Box 2475
Surf City, NC 28445
Dear Ms. Kirk;
We have received your letter of Mar 3, 1997 requesting that
we remove pilings and cut off the deck at 2510 S. Shore Dr..
I would like ,to..give you a little chronology o t
to where we'.are today.
Immediately after we were able.t'o gain access to -our
property after Hurricane Fran, we went- to the Surf City Town
Hall -to inquire as'to what we needed to do to commence
repairs on our house at 2510 S. Shore Dr.. We were told by
a clerk that we did:not need a building permit- to restore
the house to its former configuration-. We 'started repairs
immediately, as we :had, -some roof.= damage -and: didn't want to
incur further damage from rain, etc- There was a
contractor working nearby; and he•.offered to set our pilings
to replace the deck. Under the assumtion that we could
return the house to its former condition, we went ahead with
this. We also had started to repair the roof, which
included replacing the roof over the porch. This was
within about.2 weeks after the storm. Shortly after this,
we had occasion to contact the building inspector regarding
temporary electrical service. He advised us that we had
been misinformed about the permit requirements, that if we
had any structural damage we had to apply for a building
permit. We did so, and were informed by city hall that our
house had been deemed damaged beyond 75% and we could not
get a permit. This was a ridiculous asssessment of the
damage; we knew this. We 'asked that he inspect the
property, and he did so. He stated that the damage,was more
on the order of 20% and granted us a permit. He came by the
house and informed us that we could not replace the porch
roof, that decks were not allowed beyond a 6 x 6 foot
landing, but that the porch that remained could stay as it
was. We .stopped construction on the deck and the porch
roof, and havewillingly cooperated in every way. We removed
the outer row of pilings. I mention all of this to let you
know that, while we were anxious to get started with our
repairs, we have tried to follow the rules as we understood
them.
As we understand it, we have not undertaken "development
activities" of any kind. We are simpl"y repairing our
property, returning it to the configuration that it was
before the storm damage.

We will remove the pilings that remain except for one that
will become part of the walkway. We would request an
extension of time to accomplish this. If it is acceptable,
we would like to leave, the pilings until the walkway is
completed. We have not decided on the exact location of the
walk, and would like to leave the pilings until the walk is
built. At that time we will remove 'the other pilings. We
do not agree to cut off or remove the porch, as it has been
there for over 20'years. This has not been replaced; it was
not damaged by the storm.
We request that you send us a copy of the implementing
regulations covering your request. We have the pertinent
statutes.
If the time requested for the removal of the pilings is not
satisfactory,.please let us know. If it is not
satisfactory, we will remove them whenever you wish. .Please
allow us 3 weeks if the above request is not satisfactory.
S' cere y
i
ohn C op

Notice of Violation 96 17 12
DCM ENVORC°EMENT REPORT
(Use for Waivers)
C.
Case #: Permit #: Consultant:
am
NaIDe: Jack Cooper % Teresa Cooper Address:P. 0. Box 933
:
City Rose Hill State: NC Zip:- Phone #: 28458
County: Pender Nearest Water Body: Atlantic Ocean State Plane X:
LPO: Jane Kirk/Floyd StewaLocality: Surf City State Plane Y:
V10 Descp:; cut:..the size of deck and..remove pilings
SA:
DS:
CJ:
SY:
: JR:
IS:
TY:
SS:
SC:
SP:
IF:: -;
BF:
WS:
MY:
TYPE
(AEC)
EXCAVATE
(Sq.FY.)
FILLED
(Sq.FY)
RESTORE
(Sq.R.)
OTHER
(Sq.FY.)
******* ASSESSMENT & DISPOSTITON *******
Recommended Assmt: $ References: 7J. Criteria:
Report Rcvd: / / Assessed: $ To AG: / / To Violator:
Payment Received:
On:
Case Closed: /) � /
# Of Violators: Total Assessment: $ Total Received:
REVISED: 12/92