05-50D Caswell Beach

ktA SPP -1 2005
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NCDENR Morehead City DC10
North Carolina Department of Environment and Natural Resources
Division of Coastal Management
Michael F. Easley, Governor Charles S. Jones, Director William G. Ross Jr., Secretary
CERTIFIED MAIL # 70041160 0004 4619 7190 O
RETURN RECEIPT REQUESTED
August 29, 2005
Mr. Jerry Walters, Town Administrator
Town of Caswell Beach
1100 Caswell Beach Road
Caswell Beach, NC 28465
RE, NOTICE OF FAILURE TO COMPLY WITH PERMIT CONDITIONSAND/OR CAMA STANDARDS
Dear Mr. Walters:
This letter confirms that on August 11, 2005, 1 was onsite at your property located at 301-A Caswell Beach
Road which is located on the south side of Caswell Beach Road directly across from the US Coast Guard
complex adjacent to the Atlantic Ocean located in the Town of Caswell Beach, Brunswick County, North
Carolina. The purpose of the visit was to monitor the development project authorized under CAMA Minor
Development Permit Number CB05-01. I found that all applicable CAMA standards found in Title 15A
NCAC 7H are not being met as required by the Permit and the Act.
Information gathered by me shows that you have undertaken minor development by failing to construct the
beach access walkway and viewing platform in accordance with the permitted work plat drawings received
December 29, 2004. Permit condition 3 states that any change or changes in the plans for development,
construction, or land use activities will require a re-evaluation and modification of this permit. 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.
Anyone who undertakes minor development activity in a designated Area of Environmental Concern (AEC),
and fails to act in accordance with the terms, conditions, or requirements of his/her permit, may be found to
be in violation of the Coastal Area Management Act (CAMA) as specified in North Carolina General
Statutes (N.C.G.S) 113A-126. Any development activity within a designated AEC, that was not authorized
by Minor Permit Number CB05-01, may also be a violation of N.C.G.S. 113A-118. Such violations may be
subject to civil and/or criminal penalties. Since you have no previous violation in the same type of AEG it is
the policy of the Coastal Resources Commission no o assess a civil penalty for this violation if the project
127 Cardinal Drive Ext., Wilmington, North Carolina 28405-3845
Phone: [phone] FAX: [phone] Internet: www.nccoastalmanagement.net

Mr. Jerry Walters
August 29, 2005
Page 2 of 3
is corrected as specified in this letter. Failure to cooperate will result in issuance of a Notice of Violation
and a civil penalty assessment.
Based upon the North Carolina Administrative Code, Title 15A, Subchapter 07H. State Guidelines for Areas
of Environmental Concern, the activity you have undertaken, failure to construct the beach access walkway
and viewing platform in accordance with the permitted work plat drawings in the Ocean Hazard Area and
High Hazard Flood AEC, is not consistent with Section .0208(c), which states in part that failure to comply
with permit conditions constitutes a violation. Therefore, I am requesting that Town of Caswell Beach,
choose and meet one of the three attached restoration requirements. Please refer to the enclosed
Restoration Agreement.
If you intend to cooperate with my request, please identify and initial which restoration requirement that the
Town of Caswell Beach has chosen to abide by, 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.
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. I am available to meet with you on site if you have any
questions concerning this matter.
Thank you for your time and cooperation in resolving this important matter. If completion of the restoration
as requested in the Restoration Plan Agreement is not carried out 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,
G/ ale Stenber
9
Local Permit Officer
Cc: Jim Gregson, District Manager, DCM
Roy Brownlow, Compliance Coordinator, DCM
ENCLOSURE

RESTORATION PLAN
For
The Town of Caswell Beach
CAMA Minor Violation # 05-50D
Property located at 301-A Caswell Beach Road, Brunswick County
Option #1
Rebuild the beach access walkway and viewing platform as authorized under CAMA Minor
Development Permit Number C1305-01.
Option #2
Notify the riparian property owners to obtain their approval of the beach access walkway and
viewing platform as built. This notification must include an as built drawing showing exact
dimensions. (If approval can not be obtained, this option can not be used.)
Option #3
Reapply for a CAMA Minor Development Permit to build the beach access walkway and
viewing platform as is.
I, Mr. Jerry Walters, Town Administrator, agree to complete this restoration to the satisfaction of the
Division of Coastal Management and/or the Local Permit Officer by September 29, 2005, or provide an
explanation for non-compliance and a reasonable request for time extension. When corrective actions are
complete, I will notify the Local Permit Officer so the work can be inspected.
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 satisfactorily completed, a substantially
higher civil assessment will be levied and an injunction sought to require restoration.

DCM ENFORCEMENT TRACKING REPORT
Field Rep. _lg�-A1'L Ls e/ee
Violation Base No.
LPO : y„" 6 A E C D
Violatedoe,, it No.
LP1 R2cr4 C�DS -DI
Violation Description Was activity permittable? Yes / No e,?o
Initial Discovery Date—f(—bs Discovery Method �Arsfe �w(tG�aeM
Violation Description 1 (o qpI
Respondent Na
�l u Address v
Phone #
Prior Violations in same
Case Number
City ff j g:, State Zip ZrKs
Fax #
Violation Type:
Project Type: Authorizations Required:
Site Visits Respondent
Site Visits
Respondent
! I No Permit
L Permit Condition
Private/Community ! Maicr in CAMA
Govt.lPublic
Present
Present
Minor `' D&F
Expired Permit
_ Commercial _i General
-_
Inconsistent wl Rules
Violation Location and Site Description
Project Location: County
,,{{�� �
fin'r+ftSW1Gl
Rover File
Streeeett`Address/ State Road/ Lot #(s) �0(/} Casue�l_ [ L�i
Shoreline Length�
SAV: NctSuire
Yes
io7
0
`"" `
Sandbags: Not Sure
Yes
C
Subdivision _
PNA:
Yes
Adjacent
City _Cn-04we�l 'i726GA
ZIP zvqw,
ORW:
Yes
o
Adjacent
Phcne # (_)
River Basin 6e0of F&pe
Crit. Hab.
Photos
Ya
0
No
Adj. WV. Body 0ii
jQman !t_ k. 1
Waiver Required
Yes
0
Closest Maj. Wtr. Body
Or1Lh
In DWQ Butter Area
®
No
Specify OWQ Buffer it applicable:
Restoration
NOV Date Req. Comp. Date r1 Extension Granted Yes No
CNOV Date _ Date Camp. Observed Restoration Letter
Acceptance Date
Penalty Assessment 71.0409 Ref. Recomm. Assess. I DCM Assess.
Sent to Respondent Date — App•/Permit Fee $ I $
Rcvd by DCM i Penalty Date :. y %)(3)(A) is SO is
Assessment Extended Yes No Willful/intent i is is
Continuing i $ $
Other S IS
Total

Formal Assessments, Appeals and Reductions
Date Long Form Submitted Assessment A;pealed Yes No
Pena:_; ....4::ied
FinalAssassmart $ nate__
Attorney General's Office for Injunction or Formal Collection
Date sent to AG _ _' Respondant not responsive to penal;v,l".C`,' _ !rcrction tc :c-p!e:e restoration
Date Collection Let. Sent Date Demand Let. Sent
Violation Activities and Impacts
AECs Affected: Wetlands Impacted? Yes / to If yes, which types:
CW EW PTA ES PTS
IH SA DS CI SY - IR LS TY
PWS: FC: SS SC SP IF BF 404
Other:
Restoration Required by the Respondent Yes / No iis�upe.s ppJ Cjn�Laq r� qs��,,,a`�
Activities
NOTES:
Closing
:nsions in excess I
Dimensions to restore Final dimensions
unauthorized activities allowed Actually restored
Payment Received 5 _ Hate Date Case Closed

19-Jul-06 NC DIVISION OF COASTAL MANAGEMENT ENFORCEMENT RECORD
LCASE STATUSI CASE NUMBER LAST NAME
CASE IS OPEN FIRST NAME BUSINESS NAME:
-- �— CASWELL BEACH ICIO JERRY WALTERS
-I CASE IS CLOSED
Previous violations in Same
NOV DATE CLOSURE DATE Elapsed Days SECTOR ❑ AEC for Similar Activities
_ AFFLILIATION
�— I RESPONSIBLE AGENT PUBLIC
MAILING ADDRESS
CITY STATE
ZIP CODE PHONE NUMBER
1100 CASWELL BEACH RD
ICASWELL BEAC NC
28465- 1—
PROPERTY ADDRESS
COMMUNITY
WATERBODY NEAREST ROAD
1301-A CASWELL BEACH RD
CASWELL BEACH
ATLANTIC OCEAN F --
DISTRICT OFFICE COUNTY DCM REPRESENTATIVE LPO CONTACT
WIRO BRUNSWICK IGREGSON I — -
VIOLATION TYPE AFFECTEDAEC(S� ❑ CW ❑ EW ❑ PTA ❑ ES ❑ PTS
MINOR CAMA PERMIT CONDITION VIOLATION] OEA j HHFA ❑ FA ❑ PWS ❑ NCRA
NATURE OF VIOLATION AEC DESCRIPTION
Violation of minor CAMA permit no. C805-01 conditions and specifications by failing to construct beach access
walkway in accordance with authorized workplat drawings.
RESTORATION STATUS
RESTORATION REQUIRED
❑ RESTORATION NOT REQUIRED - CONTRACTOR
❑ RESTORATION NOT REQUIRED - PERMITTABLE DEVELOPMENT
❑ RESTORATION NOT REQUIRED -FURTHER IMPACTS
❑ RESTORATION PENDING
RESTORATION REQUEST DATE COMPLETION DATE
El DEADLINE
EXTENDED RESTORE DATE
DEADLINE
EXTENDED
INJUNCTION REFER DATE: �—
El
`a
COLLECTION REQUEST DATE: �—
ASSESSMENT DATE PENALTY AMOUNT COLLECTION DATE AMOUNT COLLECTED
PENALTY STATUS F— F— I
❑ PENALTYISSUED
❑ WILLFUL & INTENTIONAL PENALTY (MIN. OR DOUBLED)
© PENALTY NOT ISSUED ❑ CNOV ISSUED F—CNOV DATE
Ll CONRACTOR'S FIRST OFFENSE ❑ PENALTY APPEALED �—APPEAL DATE
❑FORMAL CPA ISSUED f. - - � FORMAL CPA DATE
❑ SETTLED. AGREED UPON. STIPULATED PENALTY I SETTLEMENT DATE
❑ UNCOLLECTIBLE PENALTY I UNCOLLECTIBLE DETERMINATION DATE
Violations Involving Adversely Irrepacted Resources
AMOUNT OF ADVERSELY DISTURBED AREA (SQ. FT.) I —
AMOUNT OF RESTORED AREA (SO. FT)
NOTES