05-05D Young

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CERTIFIED MAIL # 70031680 0002 5928 0683 MAR % ��
RETURN RECEIPT REQUESTED
NOTICE
Eery 2140, 2005ON COAS AL MANAGEMENT
Charles Young
1743 Jewel Box Drive
Sanibel, FL 33957
RE: NOTICE OF VIOLATION AND REQUEST TO CEASE UNAUTHORIZED DEVELOPMENT
CAMA MINOR VIOLATION #05-05 D
Dear Mr. Young:
This letter confirms that on February 2, 2005, Jennifer O'Brien, LPO and Ed Brooks, DCM were onsite at
your property located along Cape Creek Road and at the Community Boat Ramp facility, adjacent to Cape
Creek, on Middle Island, in Brunswick County, North Carolina. The purpose of the visit was to investigate
unauthorized development of the road within the Estuarine Shoreline Area of Environmental Concern
(AEC). Jennifer O'Brien and Charlie Young have had several telephone conversations concerning the
current site conditions and a pending CAMA Minor Permit application that had been submitted requesting a
permit to authorize the work (CAMA file BHI 2005-01). There was a subsequent site visit conducted on
February 2, 2005, between Wayne Krahn and Jennifer O'Brien to discuss the immediate sedimentation and
erosion control measures needed to stabilize the area.
Information gathered by the Local Permit Officer and/or the NC Division of Coastal Management 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 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 have undertaken, or are legally responsible for, minor development by the
expansion of the Cape Creek Road and the Community Boat Ramp parking areas on the aforementioned
property. This activity took place in the Estuarine Shoreline that is contiguous with Cape Creek. The
Estuarine Shoreline area is designated as an Area 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 $250 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 addifional assessment of $250. An injunction or criminal penalty may also be sought to
enforce any violation in accordance with N.C.G.S. 113A-126.
P.O. BOX 3009 • BALD HEAD ISLAND, NC 28461 • [phone] • FAX [phone]
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Charlie Young
February 22, 2005
Page 2 of 3
MAR U % 20pq
CAS qf� M o AGEMENT. - -
It is the policy of the Coastal Resources Commission to assess a minimum civil penalty of $50.00 against
all violations of this type. 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. If restoration of the affected resources is requested, but is not undertaken or completed
satisfactorily, a substantially higher civil penalty will be assessed and a court injunction will be sought
ordering restoration.
Based upon the North Carolina Administrative Code, Title 15A, Subchapter 07H. State Guidelines for Areas
of Environmental Concern, the activity you have undertaken, widening of the road and expansion of parking
areas in the Estuarine Shoreline AEC, is not consistent with Subsection .0209(d)(10) which states that
"...new development shall be located a distance of 30 feet landward of normal high water...". Your
development is also inconsistent with N.C.G.S. 113A-118, which states that for any development in a
designated AEC, you must first obtain a Minor CAMA permit from the NC Department of Environment and
Natural Resources before any work commences. Therefore, I am requesting that all areas of new
development within the 30' buffer of the Coastal Shoreline AEC which could not have been permitted and
must be restored to their original condition. All marl must be removed and the areas stabilized with
vegetation. These sites are marked on the attached map and were also specified during the site visit with
Wayne Krahn.
If you intend to cooperate with my request, please sign one of the attached Restoration Agreements and
return it to me in the enclosed, self-addressed envelope within ten (10) days of receipt of this letter. Failure
to comply with this request or respond back to this office prior to the requested deadline with an acceptable
schedule for compliance will be interpreted as a refusal to cooperate and will result in a Notice of
Continuing Violation, as well as a court injunction being sought ordering compliance. 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. I request that you contact me
immediately.
Thank you for your time and cooperation in resolving this important matter. Upon completion of the
restoration as requested in the Restoration Plan Agreement to the satisfaction of the Division of Coastal
Management, you will be notified as to the amount of a civil assessment for undertaking development
without first obtaining the proper permit(s).
Sincerely,
Jennifer O'Brin
Local Permit Officer
Cc: Jim Gregson, District Manager, DCM
Roy Brownlow, Compliance Coordinator, DCM

RESTORATION PLAN
For
Charles Young
CAMA Minor Violation # 05-05 D
Property located at Cape Creek Road and the Community Boat Ramp facility, adjacent to Cape
Creek on Middle Island, Brunswick County
In all areas specified to Wayne Krahn, Island Contracting, during a site visit on
Friday, February 4. 2005, by LPO Jennifer O'Brien, all soils and sediments that
have eroded into the adjacent coastal wetlands shall be removed and silt
fences shall be installed to prevent re-entry of unconsolidated materials into
the marsh. Please refer to the attached drawing.
Areas of new development within the 30' buffer of the Coastal Shoreline AEC
could not have been permitted and must be restored to their original condition.
All marl must be removed and the areas stabilized with vegetation. These sites
are marked on the attached map and were also specified during the site visit
with Wayne Krahn.
MAR O J�
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COgs qC M ti OF `
I, Charles Young, agree to complete this restoration to the satisfaction of the Division of
Coastal Management by March 1. 2005, or provide an explanation for non-compliance
and a reasonable request for time extension.
SIGNATURE:
DATE:
It is the policy of the Coastal Resources Commission to levy a minimum civil assessment of $50 and higher against all violations of
this type depending upon the damage to the resources. If restoration is not undertaken or satisfactonly completed, a substantially
higher civil assessment will be levied and an injunction sought to require restoration.

MAR ©y 2m5
CpgSTqNq��MEN
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VILLAGE OF BALD HEAD ISLAND
NOTICE OF FILING OF APPLICATION FOR
CAMA MINOR DEVELOPMENT PERMIT
Pursuant to NCG 113A-I 19(b), The Village of Bald Head Island, a locality
authorized to issue CAMA permits in Areas of Environmental Concern, hereby gives
notice that on January 5, 2005, Mr. Charles Young applied for a CAMA permit to scrape
the existing roadway and place marl 8'w x 3" deep PSade and marl parking at ramp on,
Cape Creek Road. Bald Head Island. The application may be inspected at the address
below. Public comments regarding the proposed project, received by January 26, 2005
will be considered. Later comments will be accepted and considered up to the time of
permit decision. Project modifications may occur based on further review and comments.
Notice of the permit decision in this matter will be provided upon written request.
Jon Middleton, Village Manager
CAMA Local Permit Officer for
The Village of Bald Head Island
P. O. Box 3009
Bald Head Island, NC 28461
[phone] O
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PLEASE PUBLISH ON: JANUARY 12, 2005
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DIVISION OF
COASTAL MANAGEMENT
FAXED MEMORANDUM
2 Pages
January 5, 2005
Legal Advertising
State Port Pilot
P.O. Box 10548
Southport, NC 28461
The CAMA advertisement, which follows this memo, should be included
in the Wednesday, January 12, 2004 edition of the State Port Pilot.
Please mail the affidavit of publication to:
Jon Middleton, Village Manager
Village of Bald Head Island
P.O. Box 3009
Bald Head Island, NC 28461
Thanking you in advance.
Jon Middleton, Village Manager
Local CAMA Permit Officer

Jan 04 05 10:04a Island Contracting, Inc. 9lu-4b-/-1451 P.1
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ISLAND CONTRACTING, INC.
P_O. BOX 11074
SOUTHPORT, NC 28461
PHONE [phone]
FAX [phone]
BALD HEAD ISLAND CONSERVANCY
P.O. BOX 3109
BALD HEAD ISLAND, NC 29461
To Whom It May Concern:
DECEMBER 22, 2004
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DIVISION OF
COASTAL MANAGEMENT
This letter is to inform you of intentions of improvements to be made to properties
adjacent to property owned by your firm. CAMA permits have been applied for area in
question - Middle Island, to place marl on existing roadway (8') eight feet in width and a
depth of (3'1 three inches +/- and marling of parking site at the ramp as shown.
Thank you for your attention to this matter.
Wayne Krahn
Acting agent for Young Realty Co. for purpose of CAMA application

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CONSERVANCY
January 6, 2005
Jon Middleton
Bald Head Island Village Manager
P.O. Box 3009
Bald Head Island, NC 28461
Dear Mr. Middleton:
FAX NO. :4576206
Jan. 07 2005 09:24AM P2
Post Office Box 3109
7000 Federal Road
Bald Head Island, NC 28461
[phone]
Fax [phone]
www.bhlc.org
According to CAMA regulations, Mr. Charles Young has notified the Bald Head Island
Conservancy of road improvement plans on Middle Island. The road is adjacent to property owned
by the Conservancy, and we have no objections to these road improvements.
Sincerely,
Maureen A. Syring
President, Bald Head Island Conservancy
CONSERVATION -S' PRLSE,RvNr - ioN, Q. EDUCATION

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The Village of Bald Head Island
Hand D61ivered on February 4th 2005 by Jennifer O'Brieq
February 4, 2005
Wayne Krahn, Island Contracting
P.O. Box 11074
Southport NC, 28461
RE: Working without a permit
.LL7727)
Pt" te2?" 01-If2005-01
DIVISION OF
COASTAL MANAGEMENT
It has recently come to my attention that work has begun on the road scrape
continuation of Cape Creek Road. I am putting a hold on the project as this work has
commenced before the CAMA permit has been accepted.
There will be a meeting with the local representative and the regional
representative Ed Brooks to discuss any violations and measures that will be needed to
correct the violations
Please contact me at 910-457-6255 if you have any questions.
Respectfully yours,
if r qJe e O
Village of Bald Head Island, LPO
910-457-6255
cc: DCM Field Office
Charles Young
P.O. BOX 3009 • BALD HEAD ISLAND, NC 28461 • [phone] a FAX [phone]
E-MAIL: [e-mail] • WERSITE: hun.-lAv , v%lheehhi.nre

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February 4, 2005
Charles Young
P.O. Box 3129
Bald Head Island NC 29461
RE: Working without a permit
Minor Permit 01-1I2005-01
It has recently come to my attention that work has begun on the road scrape
continuation of Cape Creek Road. I am putting a hold on the project as this work has
commenced before the CAMA permit has been accepted.
There will be a meeting with the local representative and the regional
representative Ed Brooks to discuss any violations and measures that will be needed to
correct the violations
Please contact me at 910457-6255 if you have any questions.
Respectfully yours,
Inff&
er O' en
Village of Bald Head Island, LPO
910-457-6255
cc: DCM Field Office
Charles Young
P.O. BOX 3009 o BALD HEAD ISLAND, NC 28461 o [phone] o FAX [phone]
E-M?.IL: villagebhinool.com. 0 WEBSITE::I-j�^ /h,n;^ r!!agebhi.org

ECE° IVY
FEB 1 6 2005
DIVISION OF
COASTAL MANAGEMENT
February 4, 2005
Ms. Jennifer O'Brien
Village of Bald Head Island, LPO
P. O. Box 3009
Bald Head Island, NC 28461
Dear Ms. O'Brien:
MIDDLE
ISLAND
PLANTATION f
We received a copy of your letter of February 4, 2005 to Wayne Krahn, Island Contracting. The "road
scrape" continuation of Cape Creek Road was intended to be the application of three (3) inches to an
existing road and marina parking area. We understood that a minor CAMA permit would be required.
I understand that Mr. Wayne Krahn did in fact draw up an outline of this road work and received a
minor permit.
The areas that Island Contracting applied stone have been in use since the early 1980's. There has been
no grading or removal of trees. I understand, however, Island Contracting did scrape some areas
adjoining the tree line in order to remove pine needles, etc. before the application of the stone. These
areas have been used for parking trailers and boats for many, many years.
It appears the Wayne Krahn did omit one small area on his outline of approximately 600 square feet
which has been in existence and used for parking since the early 1980's. For this human error, we
apologize. We regret that we were out of the state when this project was initiated and was unable to
personally take care of this permit application.
As you are probably aware, we have just completed the opening of a new 28 unit sub -division October
1, 2004. We expect increased traffic to this little marina and therein lies the reason for the improvement
to the existing road and parking area.
Please do not hesitate to call me at 239-395-1777 if I can be of assistance in resolving this problem.
Sincerely ..I /
_ ,� - ic
C. D. Young, Presi t
Young Realty, Co., nc.
cc: Wayne Krahn
Jon Middleton
AT CAPE FEAR (,0 NORTH CAROLINA
[phone] YOUNG REALTY CO., INC. [phone]
P.O. BOX 32275, CHARLOTTE N.C. 28232 P.O. BOX 3129, BALD HEAD ISLAND, N.C. 28461

(3w aoOCE) " 01
MIDDLE ISLAND MARINA, INC.
P. O. Box 3129
Bald Head Island, NC 28461
February 10, 2005
Village of Bald Head Island
Bald Head Island, NC 28461
Attention: Ms. Jennifer O'Brien
Dear Jennifer,
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It was nice talking to you on the phone in regard to the CAMA problem at the Middle Island Marina.
We appreciate your cooperation and understanding in resolving this matter.
Our understanding, at the present time, is that you, Ed Brooks and Wayne Krahn are to meet at the
marina site in order to determine the restoration of the area in question. This restoration will involve
removal of the stone from the area south of the last bridge before entering the large parking area. Pine
needles would then be applied to this area as a ground cover. We also understand that you want silt
screening erected in certain areas.
We regret not being able to join you at the site, but we are confident you will conclude this matter in a
fair manner. Again, we apologize for this violation of CAMA policy.
Sincerely,
Charles D. Young, President
cc: Mr. Jon Middleton
Mr. Wayne Krahn

SITE DRAWING/APPLICATION CHECKLIST
Please make sure your site drawing includes the following information required for a CAMA minor development
permit. The drawing may be simple and not necessarily to scale. The Local Permit Officer will help you, if
requested.
PHYSICAL DIMENSIONS P
Label roads
Label highways right-of-ways
Label local setback lines
Label any and all structures and driveways currently existing on prop
PHYSICAL CHARACTERISTICS %f
Draw and label mean high water mark J.
Draw location of on -site wastewater system CO I'ri�i9
If you will be working in the ocean hazard area: �ST�,L/L2 OI��S
Draw and label dune ridges (note height) ;9 NpF
Draw and label toe of dune �OFtiI Identify and locate first line of stable vegetation �c
Draw and label setback line under CAMA tiT
Draw and label topographical features (optional)
If you will be working in an estuarine shoreline area:
Draw and label landward limit of AEC
Describe terrain (slope)
DEVELOPMENT PLANS
Draw and label areas that will be disturbed
If a house is to be placed on lot, describe location of house
Note size of piling and depth to be placed in ground
Draw and label all areas to be paved or graveled
Describe composition of surface
Note and list fully all trees and vegetation to be removed or relocated
Show landscaping
NOTE TO APPLICANT
Have you:
• completed all blanks and / or indicated if not applicable?
• notified and listed adjacent property owners?
• included your site drawing/
• signed both application and statement of ownership?
• enclosed the $100.00 fee?
• completed an AEC Hazard Notice, if necessary?
FOR STAFF USE
Site Notice Posted Final Inspection Fee Received
Site Inspections
JA% ; 2G05
caw
Dlvisl�TION FOR
OAST MINOR
2 ti
DEVELOPMENT
PERMIT
In 1974, the North Carolina General Assembly passed the Coastal Area
4, Management Axt and set the stage for guiding development in fragile
and productive areas that border the state's sounds and oceanfront. Along
with requiring special care by those who build and develop, the General
3 Assembly directed the Coastal Resources Commission (CRC) to imple-
ment clear regulations that minimize the burden on the applicant.
This application for a minor development permit under CAMA is part
E of the Commission's effort to meet the spirit and intent of the General
Assembly. It has been designed to be straightforward and require no
more time or effort necessary from the applicant. Please go over this
folder with the Local Permit Officer (LPO) for the locality in which you
plan to build to be certain that you understand whatinformation he or
" she needs.
t,.
Under CAMA regulations, the minor permit is to be issued within 25
days once a complete application is in hand. Often less time is needed if
the project is simple. The process generally takes about 18 days. You
can speed the approval process by making certain that your application
is complete and signed, that your drawing meets the specifications given
inside and that your application fee is attached.
Other permits are sometimes required for development in the coastal
area. While these are not CAMA-related, we urge you to check with the
Local Permit Officer to determine which of these you may need. A
listing is included on page 2 of this folder.
We appreciate your cooperation with the North Carolina Coastal Man-
agement Program and your willingness to build in a way that protects
the resources of our beautiful and productive coast.
Coastal Reso Is
Division of Coastal Man :gment
Date of Action: Issued Exempted
Revised 3/2003
Denied Appeal Deadline (20 days)

Locality -OOAGj 00c d V�nd Permit Number Eq1 9Ccn_n 1
Ocean Hazard Estuarine Shoreline ORW Shoreline Public Trust Shoreline
(For official use only) n (? 1p R M
GENERAL INFORMATION
LAND OWNER
Address
2
i�c1. M ec,& TsV_-A& State �� Zip 2(s A LP I Phone City '�
AUTHORIZED AGENT
Other
OTHER PERMITS MAY BE REQUIRED: The activity yo ,are planning may require permits other than the CAMA minor
development permit. As a service we have compiled a list of the kinds f r s t be required. We suggest you check over the list
with your LPO to determine if any of these apply to your project. #,at tic Tank (or other sanitary waste
treatment system), Burning, Electrical, Plumbing, Heating and Air ' inning, Ins #n nservation, FIA Certification,
(�) Sand Dune, Sediment Control, Subdivision Approval, Mobile Ho a A(�aIL IJ
a�p7ot.�
STATEMENT OF OWNERSHIP: entoH GEJ!�N 10 2005
IS
Do
I, the undersigned, an applicant for a CAMA minor development permit, being e e net of prgW Armor
person authorized to act as an agent for purposes of applying for a LAMA minor developmett(Ij;MLttfWfAp�e n/I 9N T
listed as landowner on this application has a significant interest in the real property described therein. This interest ca`n`-�' �e
described as: (check one)
_an owner or record title. Title is vested in SAOQA(Let \T see Deed Book
page in the County Reg . try of Deeds.
Address _M ter i L l r)-I q
City !'-QOC�cr&- State IRC_ Zip ?_A61 Phone 4A C\z3
LOCATION OF PROJECT: (Address, street name and/or directions to site. If not oceanfront, what is the name of
the adjacent waterbody?)
DESCRIPTION OF PROJECT: (List all proposed construction and land disturbance.)
-r or. Pe f � tST.� � Qeod.Jc..� a- 41e<ce_ rvt&,A- 4tw .1" Dee,o
3Ccv�a t ,M eryt_I P� Q n. aR
SIZE OF LOT/PARCEL: 9 '),-6'* square feet Z-Z— acres
PROPOSED USE: Residential_ (Single-family _ Multi -family _) Commerical/Industrial _
Other
TOTAL ENCLOSED FLOOR AREA OF A BUILDING IN THE OCEAN HAZARD AREA OF ENVI-
RONMENTAL CONCERN (AEC):
square feet (includes all floors and roof -covered decks)
SIZE OF BUILDING FOOTPRINT AND OTHER IMPERVIOUS OR BUILT UPON SURFACES IN
THE COASTAL SHORELINE AREA OF ENVIRONMENTAL CONCERN (AEC): ;4 sq. ft.
(Calculations include the area of the roof/drip line of all buildings, driveways, covered decks, concrete or masonry patios,
etc. that are within the applicable AEC. Attach your calculations with the project drawing.)
Choose the AEC area that applies to your property:
(1) within 75 feet of Normal High Water for the Estuarine Shoreline AEC
(2) within 575 feet of Normal High Water for the Estuarine Shoreline AEC, adjacent is6n l5
Resource Waters
(3) within 30 feet of the Public Trust Shoreline AEC
(Contact your Local Permit Officer if you are not sure which AEC applies to your prope
STATE STORMWATER MANAGEMENT PERMIT- Is the project located in an
State Stormwater Managetgent Permit issued by the N.C. Division of Water Quality?
YES NO ✓
If yes, list the total built -upon area/impervious surface allowed for your lot or parcel, square feet.
_an owner by virtue of inheritance. Applicant is an heir to the estate of
probate was in County.
_if other interest, such as written contract or lease, explain below or use a separate sheet and attach to this application.
NOTIFICATION OF ADJACENT PROPERTY OWNERS:
I furthermore certify that the following persons are owners of properties adjoining this property. I affirm that I have given
ACTUAL NOTICE to each of them concerning my intent to develop this property and to apply for a CAMA permit.
(Name) (Address)
(1) 13A�� �>c�c5l 564y.& C �vtC�2�lw.Cit NHS tic.
(2)
(3)
(4) 0
FOR DEVELOPERS IN OCEAN HAZARD AND ESTUARINE HAZARD AREAS:
I acknowledge that the land owner is aware that the proposed development is planned for an arV
to
erosion and/or flooding. I acknowledge that the local permit officer has explained to me the pn i-
ared with this lot. This explanation was accompanied by recommendations concerning stabiliztngpiques.PERMISSION TO ENTER ON LAND: jSFI furthermore certify that I am authorized to grant and do in fact grant permission to the localN� s toenter on the aforementioned lands in connection with evaluating information related to this p
This application includes: general information (this form), a site drawing as described on the bacE of this application, the
ownership statement, the AEC hazard notice where necessary, a check for $100.00 made payable to the locality, and any infor-
mation as may be provided orally by the applicant. The details of the application as described by these sources are incorporated
without reference in any permit which may be issued. Deviation from these details will constitute a violation of any permit. Any
person developing in an AEC without permit is subject to civil, criminal and administrative action.
This the '1Zday of �r_ 20 O4
T.andowner or ne"nn aurhnrivrrl in art as is aornr {nr m,rnn<n ni fllino a LAMA nermit annliratinn