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HomeMy WebLinkAbout18-33D FairclothROY COOPER Governor NUCHAEL S. REGAN seaetary BRAXTON C. DAVIS Director Mr. Leroy Faircloth Jr. 6245 Ocean Aire Road SW Ocean Isle Beach, NC 28469 NORTH CAROLINA EnvironmentatQuality February 25, 2019 RE: Closure Letter Payment of Proposed Penalty for Violations of the Coastal Area Management Act, Committed in Brunswick County CAMA Violation #18-33D Dear Mr. Faircloth: This letter will acknowledge receipt of check #1099 in the amount of $350.00 for the Notice of Violation dated December 20, 2018 issued by Connie Marlowe and Tara MacPherson, Representative for the Division of Coastal Management, for the unauthorized concrete installation within 30ft. of Normal High Water (NHW) on property located at 1600 Village Point Road, Shallotte in Brunswick County. Once the amount is credited to the account of the Department of Environmental Quality, this matter will be fully and completely closed. Thank you for your cooperation in resolving this violation. If you have any further questions concerning this matter, please contact me at the Wilmington Regional Office, (910) 796-7215. Sincerely, nn Debra D. Wilson District Manager tam/dw cc: Roy Brownlow, Compliance Coordinator, DCM Tara MacPherson, Coastal Management Representative, DCM Connie Marlowe, LPO 7j mo ® 5 2019 D Q�UTY North Carolina Department of Environmental Quality I Division of Coastal Management Wilmington Office 1 127 Cardinal Drive Extension I Wilmington, North Carolina 28405 910.796.7215 ^/ Send to: / (VJIj Roy Brownlow, Compliance and Enforcement Coordinator, DCM DCM Field Specialist LOCAL PERMIT OFFICER ENFORCEMENT REPORT FOR MINOR VIOLATIONS CASE NO. (Obtain from DCM office): 18-33D PERMIT NO. (If Applicable): SC18-12 LPO'S NAME: Connie Marlowe LOCALITY: Brunswick County COASTAL MANAGEMENT REPRESENTATIVE: Tara MacPherson RESPONDENT'S NAME: Leroy Falrcloth MAILING ADDRESS: 6245 Ocean Aire Road SW CITY: Ocean Isle Beach STATE: NC ZIP: 98469 PHONE NO.: 210-443-4727 COUNTY: < Brunswick NEAREST/ADJACENT WATER BODY Shbilotte River PREVIOUS VIOLATIONS (CHECK LOCAL FILES AND CALL DCM OFFICE): NO ❑0 YES ❑ DATE OF ENFORCEMENT LETTER: 20-Dec-18 ADDRESS/LOCATION OF VIOLATION: 1600 Village Point Road SW Shallotte NC 28470 VIOLATION DESCRIPTION: Unauthorized development (6' x 23' concrete Dad concrete beside and under VIOLATION TYPE: INOR CAMA ❑O VIOLATIOROF PERMIT CONDITIONS/SPECIFICATIONS ❑ STOP WORK ORDER (WORK IN PROGRESS) RESTORATION REQUIRED: 0 YES ❑ NO DATE REQUIRED FOR COMPLETION: 27-Jan-19 DATE RESTORATION COMPLETED - SITE INSPECTION DATE: or PERMIT ISSUE DATE: AEC TYPE: B ESTUARINE SHORELINE B PUBLIC TRUST SHORELINE OCEAN ERODIBLE AREA HIGH HAZARD FLOOD AREA INLET HAZARD AREA ❑UNVEGETATED BEACH AREA FOR DCM OFFICE USE ONLY RECOMMENDED ASSESSMENT AMOUNNT:y$ DATE REPORT RECEIVED: iti v ``��qD DATE OF ASSESSMENT LETTER: 77� 1, - `\ \ AMOUNT' RECEIVED: �-Jp REFERENCE: 7J. 0409 ASSESSED AMO DATE PAYMENT CLOSURE DATE WILLFUL AND INTENTIONAL PENALTY: ❑ (ATTACH DOCUMENTATION) RECEIVED qp1; -q4 CITY - i, ROY COOPER Governor NfiCHAEL S. REGAN Secretary BRAXTON C. DAVIS Director NORTH CAROLINA Environmental Quality February 18, 2019 CERTIFIED MAIL 7017 0190 0000 9527 2178 RETURN RECEIPT REQUESTED Mr. Leroy Faircloth 6245 Ocean Aire Road SW Ocean Isle Beach, NC 28469 RE. CANA VIOLATION #18-33D Dear Mr. Faircloth: ,-V,tz,'jt d al"g Dc"til 11.7-v This letter is in reference to the Notice of Violation dated December 20, 2018 that Connie Marlowe, Local Permitting Officer for Brunswick County, issued to you (while acting as contractor for Mr. Richard Malcolm) for unauthorized concrete installation within 30 ft. of Normal High Water (NHW) on property located at 1600 Village Point Road, Brunswick County. The violation involved Estuarine Shoreline Areas, which are Areas of Environmental Concern designated by the Coastal Resources Commission. Based upon our site visit conducted on February 13, 2019 with Connie Marlowe, Local Permitting Office, along with subsequent photos received on February 15, 2019 the restoration requested appears to be complete to the satisfaction of the Division of Coastal Management. The Coastal Area Management Act provides that a civil assessment of up to $1,000 plus investigative costs may be assessed for any violation. It is the policy of the Coastal Resources Commission to assess a civil penalty for all violations in order to recover some of the costs of investigating violations and/or to compensate the public for any damage to its natural resources. Under the rules of the Coastal Resources Commission, a proposed civil penalty in the amount of $350 is appropriate for this violation. You may expeditiously resolve this matter prior to the assessment of a formal civil penalty by accepting responsibility for the violation and paying the amount proposed above. In order to do this, you must: (1) sign one of the attached copies of an "Agreement to Pay Civil Assessment;" (2) attach a check or money order for $350 made payable to the North Carolina Department of Environmental Quality (NCDEQ); and, (3) return the signed agreement and payment to this office in the enclosed, self-addressed envelope within ten (10) days of your receipt of this letter. Upon deposit of your check in the Department's account, you will receive a Notice of Compliance officially closing this enforcement action. If you do not send a signed agreement and payment to this office within ten (10) days, the Director of the Division of Coastal Management will formally assess a civil penalty against you. You will then have the opportunity to request a hearing on the penalty or request settlement of the penalty. ODE � North Carolina Department of Environmental Quality I Division of Coastal Management Wilmington Office 1 127 Cardinal Drive Extension I Wilmington, North Carolina 28405 910.796.7215 r Mr. Leroy Faircloth February 18, 2019 Page Two Thank you for your time and cooperation in resolving this important matter. If you have any questions, please do not hesitate to contact me at (910) 796-7215. Sincerely, Debra Wilson District Manager Enclosures cc: Roy Brownlow, Compliance Coordinator, DCM Tara MacPherson, Coastal Management Representative, DCM Connie Marlowe, LPO North Carolina Department of Environmental Quality I Division of Coastal Management Wilmington Office 1 127 Cardinal Drive Extension I Wilmington, North Carolina 26405 910.796.7215 CAMA VIOLATION #18.33D Richard Malcolm Property AGREEMENT TO PAY PROPOSED CIVIL ASSESSMENT I understand that the staff of the Department of Environmental Quality will propose the assessment of a civil penalty in the amount of $350 against me for violation of the Coastal Area Management Act, NCGS 113A- 100 et s, eec , committed, while working as contractor for Mr. Richard Malcolm, on property located at 1600 Village Point Road, Brunswick County, North Carolina. 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 December 20, 2018 and agree to pay the proposed civil assessment of $350. DATE SIGNATURE :515; TELEPHONE NUMBER 2119 North Carolina Department of Environmental Quality I Division of Coasmai Management Wilmington Office 1 127 Cardinal Drive Extension I Wilmington, North Carolina 28405 910.796.7215