15-02C City of New Bern

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NCDENR
Mph Carolina Department of Environment and Natural Resources
Pat McQay Donald R. van der Vaart
Gouemor Secretary
March 2, 2015
City of New Bern
Jordan Hughes P.O.
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P.O.. Box
uox 1129 111y
New Bern, NC 28563
RE: STOP WORK ORDER AND NOTICE OF FAILURE TO APPLY FOR CAMA PERMIT
Dear Mr. Hughes:
This letter confines that on February 18, 2015, 1 was onsite at your property located at Batts Hill Road
adjacent to a tributary of the Trent River located in New Bern, Craven County, North Carolina. The purpose
of the visit was to investigate unauthorized development of wooden bulkhead within the Estuarine Shoreline
Area of Environmental Concern..
Information gathered by me shows that you are undertaking major development and no CAMA Major
Development Permit is issued for this development activity. No person may undertake major 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.
1 have information that you are undertaking, or are legally responsible for, major development by
constructing an unauthorized bulkhead on the aforementioned property. This activity is taking place in
Estuarine Shoreline that is contiguous with the Trent River. Estuarine Shoreline areas are designated as
Area(s) of Environmental Concern (AEC).
You are hereby requested to STOP WORK IMMEDIATELY and file the necessary application with this
office for a CAMA Major Development Permit by March 6, 2015. NO WORK MAY PROCEED UNTIL THE
PERMIT IS ISSUED. If you comply voluntarily, no further action will be necessary beyond the issuance of
a permit.
Failure to file an application or continuation of work after receipt of this Notice may constitute a violation of
the Act and you may be subject to civil and/or criminal penalties as provided by North Carolina General
Statute (NCGS) 113A-126. 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 $10,000. An
injunction or criminal penalty may also be sought to enforce any violation in accordance with NCGS 113A-
126.

NeW Bern
March 2, 2015
Page 2 of 2
In this case, there will be no assessment levied against you. However, if you continue to violate the Coastal
Area Management Act, you should consider yourself forewarned and expect a civil penalty 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.
Thank you for your time and cooperation in resolving this important matter. 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 near future to determine whether this STOP WORK
ORDER has been complied with. I request that you contact me immediately.
Sincerely,
COPY
Coastal Management Representative
Cc: Roy Brownlow, District Manager, DCM
Terry Prescott, Marine Contractor
Tier 1

FMA
NCDENR
North Carolina Department of Envkonrraent:and Natural Resources
March 2, 2015
City of New Bern
c/o Mr. Jordan Hughes
PO Box 1129
New Bern, NC 28563
RE. COMPLIANCE ACCEPTANCE
Dear Mr. Hughes:
F/L E COPY
Donald R. van der Vaart
Secretary
This letter is in reference to the letter sent to you by Brad Connell dated March 2, 2015 for failure to obtain a
CAMA development permit prior to commencing work constructing a wooden bulkhead within the Estuarine
Shoreline Area of Environmental Concern (AEC). The activity took place on property located at Batts Hill Road
in the community of Trent Woods, Craven County, North Carolina.
This unauthorized activity constituted development and you were requested to obtain the proper CAMA Major
Development Permit. No person may undertake development in a designated Area of Environmental Concern
without first obtaining a permit or authorization from the North Carolina Department of Environment and Natural
Resources, North Carolina General Statutes (N.C.G.S.) 11 3A-1 18.
Records indicate that CAMA General Permit # 67473C was issued on February 24, 2015 for the construction of
a 170' wooden bulkhead along Batts Hill Road. In this case, there will be no assessment levied against you.
However, please be advised that any further unauthorized development inconsistent with the Coastal Area
Management Act or the Coastal Resources Commission's rules may result in a civil penalty pursuant to the
North Carolina Administrative Code, Title 15A, Subchapter 7J, Section .0409, as adopted by the Coastal
Resources Commission.
Please be advised that this determination only applies to the activity described herein. Any other work you
propose within the Estuarine Shoreline AEC will require an evaluation by this office for any CAMA Permit
requirements before commencing work.
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 [phone].
Sincerely,
7°�V
Roy Brownlow
District Manager, DCM
Cc: Brad Connell, Coastal Management Representative, DCM

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