01-64C Tolston

AA
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
February 27, 2002
Mr. R.L. Tolston
1609 St. Andrews Place
Kinston, NC 28504
RE: Payment of Proposed Penalty for Violations of the Coastal Area Management Act,
Committed in Carteret County
CAMA Violation # 01-64C
Dear Mr. Tolston:
This letter will acknowledge receipt of your Check # 128, for $200.00, and dated 02-26-02. Once
the amount of the check is credited to the Department of Environment and Natural Resources'
account, this matter will be fully and completely closed.
If you have any further questions concerning this matter, please contact me at my Morehead City
office, [phone].
Sincerely,
M. Ted Tyndall
District Manager
MTT/srk
cc: Donna D. Moffitt
Charles S. Jones
Brad Shaver, Coastal Management Rep.
Scott Jones
Mickey Sugg, COE
151-B Hwy. 24, Hestron Plaza II, Morehead City, North Carolina 28557
Phone: [phone] FAX: [phone] Internet hfp://dcm2.enr.state.nc.us
An Equal Opportunity 1 Affirmative Action Employer—50%Recycled 110%Post Consumer Paper

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
February 20, 2002
CERTIFIED MAIL
RETURN RECEIPT REQUESTED
Mr. R. L. Tolston
1609 St. Andrews Place
Kinston, NC 28504
RE: CAMA Violation #01-64C
Dear Mr. Tolston:
This letter is in reference to the Notice of Violation sent to you on September 25, 2001 for
the unauthorized development on the White Oak River adjacent to your property located at 133
Carter Shores, off Little Kinston Road, in Carteret County, North Carolina. The violation
involved the construction of a platform on your pier, larger than permitted, located in the
Estuarine Waters and Public Trust Areas of the White Oak River. Estuarine Waters and Public
Trust Areas are both Areas of Environmental Concern (AECs) designated by the Coastal
Resources Commission. All restoration requested by the North Carolina Division of Coastal
Management has been satisfactorily completed.
The Coastal Area Management Act provides that a civil assessment of up to $2500.00 may
be assessed for any violation. It is the policy of the Coastal Resources Commission to assess a
civil penalty for all violations. This is done to recover some of the costs of investigating
violations and/or to compensate the public for any damage to its natural resources.
Under Coastal Resource Commission rules, a civil penalty in the amount of$ 200.00 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
$200.00 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. Once your check has been
deposited in the Department's account, you will be notified 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 that you may appeal by filing a petition for a hearing with the
Office of Administrative Hearing.
151-B Hwy. 24, Hestron Plaza II, Morehead City, North Carolina 28557
Phone: [phone] FAX: [phone] Internet: www.nccoastaImanagement.net
An Equal Opportunity 1 Affirmative Action Employer—50%Recycled 110%Post Consumer Paper

Mr. R. L. Tolston
Page 2
February 20,'2002
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
Scott Jones - Compliance Officer, DCM
Brad Shaver - Field Representative, DCM

01-64C
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$200.00 against me for violation
of the Coastal Area Management Act, NCGS 113A-100 et seq., committed on the White Oak
River adjacent to my property in the Little Kinston area, 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 September
25, 2001, voluntarily waive my legal right to an administrative hearing, and agree to pay the
civil assessment of$200.00. 1 understand that in doing so, I also hereby foreclose any right of
appeal to the Superior Court of North Carolina.
DATE SIGNATURE
ADDRESS
TELEPHONE NUMBER

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 REQUESTED December 11, 2001
Mr. J.T. Smith
P.O. Box 653
Hubert, NC 28539
RE: CAMA Violation #01-65C
Dear Mr. Smith:
This letter is in reference to the Notice of Violation sent to you on September 25, 2001
which stated that as contractor for Mr. R. L. Tolston, you undertook unauthorized
development on the White Oak River adjacent to Mr. Tolston's property located in Carteret
County. The violation involved the construction of a pier platform larger than permitted
within the Estuarine Waters and Public Trust Areas of the White Oak River. Estuarine Waters
and Public Trust Areas are both designated Areas of Environmental Concern designated by the
Coastal Resources Commission.
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$200.00 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 $200.00 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. Once your check or money order is credited to the Department's account, you will be
notified 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 that you
may appeal by filing a petition for a hearing with the Office of Administrative Hearing.
151-B Hwy. 24, Hestron Plaza II, Morehead City, North Carolina 28557
Phone: [phone]\FAX: [phone]\Internet: http://dcm2.enr.state.nc.us
An Equal Opportunity\Affirmative Action Employer—50%Recycled\10%Post Consumer Paper

Mr. J. T. Smith
Paae 2
December 11, 2001
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 252-808-2808.
Sincerely,
led
M. Ted Tyndall
District Manager
Enclosures
cc: Charles S. Jones - Assistant Director, DCM
Brad Shaver - Field Representative, DCM
Scott Jones - Compliance Coordinator, DCM

r
##01-65C
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$200.00 against me for violation
of the Coastal Area Management Act, NCGS 113A-100 et seq., committed near Mr. R. L.
Tolston's property 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 September
25, 2001, voluntarily waive my legal right to an administrative hearing, and agree to pay the
civil assessment of$200.00. I understand that in doing so, I also hereby foreclose any right of
appeal to the Superior Court of North Carolina.
DATE SIGNATURE
ADDRESS
TELEPHONE NUMBER

r
#01-65C
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$200.00 against me for violation
of the Coastal Area Management Act, NCGS 113A-100 et seq., committed near Mr. R. L.
Tolston's property 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 September
25, 2001, voluntarily waive my legal right to an administrative hearing, and agree to pay the
civil assessment of$200.00. I understand that in doing so, I also hereby foreclose any right of
appeal to the Superior Court of North Carolina.
DATE SIGNATURE
ADDRESS
TELEPHONE NUMBER

ALF awA
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
December 27, 2001
Mr. R.L. Tolston
1609 St. Andrews Place
Kinston,NC 28504
Dear Mr. Tolston,
This letter confirms our phone conversation on December 27, 2001 requesting an
extension of the restoration agreement for the unauthorized development on property at 133
Carter Shores Dr. in Little Kinston adjacent to the White Oak River, Carteret County. Notice of
Violation No. 01-64C was issued to on September 25, 2001 for the aforementioned work and
requested restoration.
Based on our conversation and the circumstances surrounding this case, your request for
an extension is granted for a second time. The new deadline in which the restoration should be
completed is February 28, 2002. Please note that this extension is for a 30 day time period. If the
restoration is not complete by this date, it will be interpreted as a refusal to cooperate and a
continuing Notice of Violation will be forwarded to you.
Thank you for your time and cooperation in resolving this mater. If you have any
questions about this or related maters, please don't hesitate to give me a call at 252-808-2808.
Sincerely,
41 C ,V,,
Brad Shaver
Coastal Management Field Representative
cc: Ted Tyndall—District Manager, DCM-Morehead City
Charles Jones—Assistant Director, DCM
Scott Jones—Compliance Coordinator, DCM
151-B Hwy. 24, Hestron Plaza II, Morehead City, North Carolina 28557
Phone: [phone] FAX: [phone] Internet: http://dcm2.enr.state.nc.us
An Equal Opportunity 1 Affirmative Action Employer—50%Recycled 110%Post Consumer Paper

Mr. R.L. Tolston #01-64C
Page 2
November 30, 2001
Restoration Plan and Agreement
For
Mr. R.L. Tolston
Property located at 133 Carter Shores Drive off Little Kinston Road,
adjacent to the White Oak River, Carteret County
�.�
_'Photo!ken on 10/30/01
Current configuration
usurps 460 ft'of public
trust area
I R.L. Tolston, agree to remove 60 ft2 of platform at 133 Carter Shores off Little Kinston
Road adjacent to the White Oak River in Carteret County. I understand that the current
platform needs to be reconfigured to a maximum square footage of 400 based on the adjacent
100' of shoreline.
The above picture is provided to clearly show the site.
I agree to complete this restoration to the satisfaction of the Division of Coastal Management
by 1 January 2002 or provide an explanation for non-compliance and a reasonable request for
time extension.
R.L. Tolston
Date:11- ,2001
It is the policy of the Coastal Resources Commission to levy at least a minimum civil
assessment of$200.00 against all violations. If restoration of the affected resources is not
undertaken or completed satisfactorily, a substantially higher civil assessment will be levied
and an injunction sought to require restoration.

COMPLETE •N COMPLETE THIS SECTIONON DELIVERY
■ Complete items 1,2,and 3.Also complete A. Received by(Please Print Cl�r�ryr B.2at f um
item 4 if Restricted Delivery is desired. �u
■ Print your name and address on the reverse
so that we can return the card to you. C. Siartalure tf.
■ Attach this card to the back of the mailpiece, X t- ❑Agent
or on the front if space permits. ❑Addressee
D. Is delivery address different from item 1? ❑Yes
1. Article Addressed to: If YES,enter delivery address below: ❑ No
MR. --R- L- 1 oLSTb--J
IIP69 ST. XibxrWS -PLAGE
I�t nl S�rDnJ I tic 2,26-61/
3. Service Type
53'Certified Mail ❑ Express Mail
❑ Registered Return Receipt for Merchandise
❑ Insured Mail ❑C.O.D.
4. Restricted Delivery?(Extra Fee) ❑Yes
2. Article Number
(transfer from service label)
PS Form 3811, March 2001 Domestic Return Receipt 102595-01-M-1424

9.
,
czsli uy. I
3 Za
I
�t e t
(252)me
6D SZ3- S i
�Z3
-1 4
ig$
i
2
I
I

CAMA and DREDGE AND FILL
G E N E R A L
PE RM IT
as authorized by the State of North Carolina
Department of Environment and Natural Resources and the Coastal Resources Commission
in an area of environmental concern pursuant to 15 NCAC Gy ! f'U".7cco
Applicant Name Phone Number 1117) 513- 33?5*
Address 40 51 /I."bt-VI T/Ve r
City ICwA(11a State zip ZrScy
Project Location (County, State Road, Water Body, etc.) i�, , Q
Type of Project Activity ll•n1v,. n.f- (11"Wrorej 4, S':f 75C i.,.4-k n 1r,5
by Z
`It I rp h 4e .c r �ti, pr Cv 14,r i'1 rf I rl.c h<l�t�
J
PROJECT DESCRIPTION SKETCH , ;: FLO P 7 (SCALE: A)cuf_ )
Pier(dock)Length
5 ,
Groin Length i r (. ._ ` is t
number
Bulkhead LengthlY t[�
max.distance offshore
Basin,channel dimensions ! t Ztl r
r7r, I z h1
cubic yards 1 { t
Boat ramp dimensions t
Other 4+
I
f d� �r _. ..�_ r
_
a
3
1
This permit is subject to compliance with this application, site drawing
and attached general and specific conditions.Any violation of these terms applicants signature
may subject the permittee to a fine, imprisonment or civil action; and f
may cause the permit to become null and void. a.I(-
This permit must be on the project site and accessible to the permit of- permit officer's signature
ficer when the project is inspected for compliance. The applicant certi- - 25-
fies by signing this permit that 1)this project is consistent with the local issuing date expiration date
land use plan and all local ordinances, and 2) a written statement has
been obtained from adjacent riparian landowners certifying that they C-� i !?LC. 2CCL"
have no objections to the proposed work. attachments
In issuing this permit the State of North Carolina certifies that this project *Icc (o ,p*
is consistent with the North Carolina Coastal Management Program. application fee

h (F
,
w
F
r
�. . .. � r.. .M

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
September 25, 2001
CERTIFIED MAIL
RETURN RECEIPT REQUESTED
Mr. R.L. Tolston
1609 St. Andrews Place
Kinston,NC 28504
RE: NOTICE OF VIOLATION AND REQUEST TO CEASE UNAUTHORIZED
DEVELOPMENT
CAMA VIOLATION# 01-64C
Dear Mr. Tolston,
Information gathered by the Division of Coastal Management shows that you have
violated the terms or conditions of State Permit No. 28136 which was issued to you by the
Coastal Resources Commission and the North Carolina Department of Environment and Natural
Resources. I hereby request that you immediately CEASE AND DESIST such violation and
comply with the terms and conditions of the above permit.
On June 25, 2001, State Permit No. 28136 was issued to R.L. Tolston for the construction
of a pier on land located in Carteret County,North Carolina. This permit was issued for a CAMA
Major Development in an Area of Environmental Concern,North Carolina General Statute
(hereinafter abbreviated NCGS) I I3A-118. This permit included the following terms and
condition: the proposed"T"platform was permitted for 24' by 15.5'.
For the following reasons, it is my opinion that you are in violation of the above terms
and condition of the issued permit: the"T"platform was permitted for 24' by 15.5' which
equated to 372 ft2 of platform,however the platform was built 32' by 14.4' which usurps 460 ft2
of public trust area. The specific conditions within General Permit 07H.1200 state that""Ts",
finger piers,platforms, and decks of piers on lots with shorelines 100 feet or greater in length
shall not exceed a combined total area of 400 square feet."
If the terms and conditions of a permit are not complied with,the permit is null and void
from the date of its issuance. To comply with the terms and conditions of the permit issued to
you, you must : reconfigure the platform not to exceed 400 ft2 of total area, which is an overall
reduction of 60 ft2. Provided you intend to cooperate with my request, please sign the attached
Restoration Agreement 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.
151-B Hwy. 24, Hestron Plaza II, Morehead City, North Carolina 28557
Phone: [phone] FAX: [phone] Internet: hfp://dcm2.enr.state.nc.us
An Equal Opportunity 1 Affirmative Action Employer—50%Recycled 110%Post Consumer Paper

Mr. R.L. Tolston Violation# 01-64C
Page 2
September 25, 2001
A civil penalty of up to Twenty-Five Hundred Dollars ($2500.00)may be assessed, or an
injunction or criminal penalty may be sought against any person who violates a CAMA Major
Development permit. It is the policy of the Coastal Resources Commission to assess a minimum
civil penalty of Two Hundred Dollars ($200.00) 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 will depend on several factors,
including the nature and area of the resources which were affected and the extent of 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.
A site inspection will be made in the immediate future to determine whether this
REQUEST TO CEASE AND DESIST has been complied with. If you have any questions
regarding this Notice please don't hesitate to give me a call at 252-808-2808.
Sincerely,
Brad Shaver
Field Representative
bes
Enclosures
cc:Charles Jones, Assistant Director-DCM
Ted Tyndall, District Manager-Morehead City Field Office (DCM)
Western Carteret County Building Inspections Office, Cedar Point
151-B Hwy. 24, Hestron Plaza II, Morehead City, North Carolina 28557
Phone: [phone] FAX: [phone] Internet: http://dcm2.enr.state.nc.us
An Equal Opportunity 1 Affirmative Action Employer—50%Recycled 110%Post Consumer Paper

Mr. R.L.Tolston #01-64C
Page 3
September 25, 2001
Restoration Plan and Agreement
For
Mr. R.L. Tolston
Property located at 133 Carter Shores Drive off Little Kinston Road,
adjacent to the White Oak River, Carteret County
Photo taken on 9/6/01
r -
_T_
r--.- -g_
sf c
" - Current configuration
A�r_ usurps 460 ft2 of public
µ trust area
I R.L. Tolston, agree to remove 60 ft2 of platform at 133 Carter Shores off Little Kinston
Road adjacent to the White Oak River in Carteret County. I understand that the current
platform needs to be reconfigured to a maximum square footage of 400 based on the adjacent
100' of shoreline.
The above picture is provided to clearly show the site.
I agree to complete this restoration to the satisfaction of the Division of Coastal Management
by 26 October 2001 or provide an explanation for non-compliance and a reasonable request
for time extension.
R.L.golsto:','��
Date: Z! t -,2001
It is the policy of the Coastal Resources Commission to levy at least a minimum civil
assessment of$200.00 against all violations. If restoration of the affected resources is not
undertaken or completed satisfactorily, a substantially higher civil assessment will be levied
and an injunction sought to require restoration.

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
November 5, 2001
CERTIFIED MAIL
RETURN RECEIPT REQUESTED
Mr. R.L. Tolston
1609 St. Andrews Place
Kinston,NC 28504
Subject : Incomplete Restoration
133 Carter Shores Drive
Violation#01-64C
Carteret County
Dear Mr. Tolston,
On October 30, 2001, I visited your lot at 133 Carter Shores Drive in Little Kinston to
follow-up with the restoration of the subject site. The Division would like to thank you for your
responsiveness to this violation,however, further restoration will be required.
It was noted on October 30, 2001 that approximately 60 square feet of deck boards had
been removed yet the platform to include pilings and stringers remained. In order for the
restoration to be complete the entire platform needs to be downsized to match the original
restoration agreement of 400 square feet.
The restoration needs to be completed within 30 days of this correspondence. If at the end
of thirty days no restoration has been completed or an extension requested and approved, you
will be forwarded a continuing Notice of Violation,which is subject to a substantially higher
civil assessment. Please do not hesitate to call me to set up a site visit to evaluate the success of
the restoration.
Sincerely,
Brad Shaver
Coastal Management Field Rep.
cc. Ted Tyndall, District Manager, DCM-Morehead City
Charles Jones, Assistant Director-DCM
Scott Jones, Compliance Coordinator-DCM
151-B Hwy. 24, Hestron Plaza II, Morehead City, North Carolina 28557
Phone: [phone] FAX: [phone] Internet: http://dcm2.enr.state.nc.us
An Equal Opportunity 1 Affirmative Action Employer—50%Recycled 110%Post Consumer Paper