Not Given_Worsley, John_20090507

Department of Planning and
Inspections
Kevin B. Reed, AICP, Director
kreed(a)emeraldisle-nc. org
CERTIFIED MAIL
RETURN RECEIPT REQUESTED
NOTICE OF VIOLATION
May 7, 2009
Mr. John Worsley
2986 Hines Branch Rd
Lenoir, NC 28645
RE: NOTICE OF VIOLATION AND
DEVELOPMENT
LAMA MINOR VIOLATION #09-29C
Dear Mr. Worsley:
7500 Emerald Drive
Emerald Isle, NC 28594
Voice 252-354-3338
Fax [phone]
REQUEST TO CEASE UNAUTHORIZED
This letter confirms that on 4/23/09 I was onsite at your property located at 709 Ocean Dr.
adjacent to the Atlantic Ocean located in Emerald Isle, Carteret County, North Carolina. The
purpose of the visit was to investigate unauthorized construction of a beach access way within
the Ocean Hazard Area of Environmental Concern. It was at that time you were advised to stop
all work immediately. Ryan Davenport(DCM) and myself were also on site on 4/24/09 to take
further measurements.

John Worsley
5/7/09
Page 4 of 4
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 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 constructing a 4' X 77' beach access way with a 7' 8" X 10' 5" (82ft2) deck on the
aforementioned property. This activity took place in the Ocean Hazard area that is contiguous
with the Atlantic Ocean. Ocean Hazard areas are designated as Areas of Environmental Concern
(AEC). No permit or exemption 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 matter. A civil assessment of up to $1,000 plus investigative costs 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 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 violations and/or 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
area of the resources that were 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 sough 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, the construction of a beach access way in the
Ocean Hazard AEC, is not consistent with Section 15A NCAC 07H .0309 (a), which states that
development shall be permitted only if it is landward of the vegetation line. Therefore, I am requesting that
the aforementioned beach access way, deck and associated stairs be removed such that all development
is landward of the vegetation line. Please refer to the enclosed Restoration Agreement.
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

46
John Worsley
5/7/09
Page 4 of 4
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 Local Permit Officer,
you will be notified by the Division of Coastal Management as to the amount of a civil assessment for
undertaking development without first obtaining the proper permit(s).
Sincerely,
Jimmy Taylor
Local Permit Officer
Cc: Tere Barrett, District Manager, DCM
Ryan Davenport, District Compliance and Enforcement Representative, DCM
Barry Guthrie, District Field Representative, DCM
Roy Brownlow, Compliance and Enforcement Coordinator, DCM
ENCLOSURE

John Worsley
5/7/2009
Page 4
RESTORATION PLAN
For
John Worsley
CAMA Minor Violation #09-29C
Property located at 709 Ocean Drive, Carteret County
I, John Worsley, agree to complete this restoration to the satisfaction of the Local Permit Officer by
6/7/09, or provide an explanation for non-compliance F�reasonable request for time extension.
When corrective actions are complete, I wi thLoc Pe t Officer so the work can be
inspected.
SIGNATURE:
DATE:
It is the policy of the Coastal Resources Commission to assess a civil penalty plus investigative costs against all violations.
The amount assessed will depend upon several factors, including the nature and area of the resources that were affected
and the extent of the damage to them. If restoration is not undertaken or satisfactorily completed a substantially higher
civil assessment will be levied and an injunction sought to require restoration.