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Home My WebLink About15-17D Coastal Marine�i Environmental Quality November 2, 2015 Coastal Marine Construction Piers and Bulkheads, LLC c/o Mr. Jimmy North 6314 Wrightsville Avenue Wilmington, NC 26403 RE: Closure Letter— CAMA VIOLATION #15.171) Dear Mr. North: PAT MCCRORY Governor DONALD R. VAN DER VAART Secretary This letter is in reference to the Notice of Violation # 15-17D sent to you dated October 2, 2015 regarding the unauthorized installation of three boatlifts within the Estuarine Water and Public Trust Areas of Environmental Concern adjacent to Banks Channel. The violation took place on property owned by the Sunset Dock Association located at 705 Waynick Boulevard in Wrightsville Beach, New Hanover County, North Carolina. This letter will acknowledge the receipt of adjacent property owner notifications requested from the property owner(s) completing the restoration plan for this case. Based upon review of the Coastal Area Management Act, Coastal Resource Commission's rules, and the local jurisdiction's Land Use Plan, the activity undertaken appears consistent with the guidelines for Areas of Environmental Concern. Once the amount of the Civil Assessment that was issued to the Sunset Dock Association is credited to the Department of Environmental Quality's account this case will be officially closed. Thank you for your attention and cooperation in this matter. If you have any questions pertaining to this matter, please feel free to call me at (910) 796-7215. Sincerely, Tara MacPherson Field Specialist, DCM RECEIVED Cc: Debra Wilson, District Manager, DCM Roy Brownlow, Compliance Coordinator, DCM NOV 06 2015 Tony Wilson, TOWB DCM- MHD CITY Nothing Compares"— State of North Carolina I EnNronmental duality 1601 Mail Service Center I Raleigh, WAh Carolina 27699-1601 919-707-6600 PAT MCCRORY Gowmor DONALD R. VAN DER VAART Secretary Coastal Management ENVIRONMENTAL QUALITY BRAXTON DAVIS Director November 30, 2015 Mr. Joseph Zimmerman 105 White Heron Cove Road Hampstead, NC 28443 RE: Docking Facility Compliance Dear Mr. Zimmerman: This letter in in response to complaints received by this office regarding the compliance status of the docking facility located at 105 White Heron Cove Road adjacent to Nixon Creek in Hampstead, Pander County. Based on aerial imagery it appears that the existing docking facility has been reconfigured and expanded. Please be advised that any new work in an Area of Environmental Concern requires you to file the necessary application with this office for a CAMA Major Development Permit. No new work, including the addition of formalized boat slips, may proceed until a CAMA permit or authorization is issued. A permit record search was conducted and no CAMA permit was found for this development. Pender County tax records indicate that you are paying taxes for this property and I would like to request that you contact the Division of Coastal Management regarding this matter. 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. Please contact me at (910) 796-7425 in order to ensure that the docking facility is in compliance with the Coastal Area Management Act the Coastal Resource Commission's rules, and the local jurisdiction's Land Use Plan. Thank you for your time and understanding in resolving this important matter. Sincerely, Tara MacPhe on Field Specialist Division of Coastal Management Cc: Roy Brownlow, Compliance Coordinator, DCM Megan O'Hare, Pender County Emily Greer, USACE WIRO - file RECEIVED DEC 0 3 2015 DCM- MHD CITY nothing Compares_ State of North Carolina I Environmental Quality J Coastal Management 127 Cardinal Drive Ext., Wilmington, NC 28405 910-796-7215 North Carolina Department of Environmental Quality Pat McCrory Governor NOTICE OF VIOLATION October 2, 2015 CERTIFIED MAIL 7011 2000 0002 2767 9088 RETURN RECEIPT REQUESTED Coastal Marine Construction Piers and Bulkheads, LLC c/o Mr. Jimmy North 6314 Wrightsville Ave. Wilmington, NC 28403 RE: NOTICE OF VIOLATION AND REQUEST TO CEASE UNAUTHORIZED DEVELOPMENT CAMA VIOLATION #15-17D Dear Mr. North: Donald R. van der Vaart Secretary This letter confirms that on September 16, 2015, Mr. Tony Wilson with the Town of Wrightsville Beach, and I were on -site at property located at 705 Waynick Blvd. owned by Sunset Dock Association adjacent to Bank Channel located in the Town of Wrightsville Beach, New Hanover County, North Carolina. The purpose of the visit was to investigate unauthorized development of the replacement of three (3) boat lifts at an existing shared docking facility, within Banks Channel. This letter also confines my September 16, 2015 phone conversation with you regarding this matter. Information gathered by me for the Division of Coastal Management indicates that you have undertaken major development in violation of the Coastal Area Management Act (CAMA). No person may undertake major development in a designated Area of Environmental Concern (AEC) without first obtaining a permit from the North Carolina Department of Environment and Natural Resources. This requirement is imposed by North Carolina General Statute (N.C.G.S.) 113A-1 18. I have information that indicates you have undertaken or are legally responsible for installation of a three (3) approximately 13 ft. in length by 13 ft. in width boat lifts (507 sq. ft.) at a shared docking facility on the aforementioned property. This activity took place in Estuarine Water and Public Trust Areas that are contiguous with Banks Channel. Estuarine Water and Public Trust Areas are designated as Areas of Environmental Concern (AEC). No CAMA permit was issued to you for work in these Areas. 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 $10,000 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 $10,000. 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 assess a civil penalty plus investigative costs against all violations. 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. 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. RECEIVED OCT 0 8 2015 127 Cardinal Drive Ext., Wilmington, NC 28405 Phone: 910-796-72151 FAX: 910-395-3964 Internet: www.nccwstalmanagement.net DCM- MHD CITY An Equal OpporWnily 1 Afirmatve Acton Employer Based upon the North Carolina Administrative Code, Title 15A, Subchapter 7J.0409(g)(4)(E), the policy of the Coastal Resources Commission is to levy a civil assessment against contractors in addition to that assessed against the landowner. Therefore, you should expect a civil assessment to be levied against Carolina Piers and Bulkheads, LLC. 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 near future to determine whether this REQUEST TO CEASE. AND DESIST has been complied with. I request that you contact me immediately about these important matters. 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 near future to determine whether this REQUEST TO CEASE AND DESIST has been complied with. I request that you contact me immediately at (910) 796-7215 about these important matters. obb Mairs Coastal Management Field Representative ENCLOSURES Cc: Debra Wilson, District Manager, DCM Roy Brownlow, Compliance Coordinator, DCM Tony Wilson, TOWB DCM ENFORCEMENT TRACKING REPORT Pli.ldReloyt\r Violation Case No. rc Permit No. ❑ (if applicable) Description Was activity permittable? Yes / No Initial Discovery Date Discovery Method Violation Description Respondent Name(s) Muiasa Phone # Fax #/Email oLd= up Corporate Name & Registered agent Violation Type: Project Type: Authorizations Required: Site Visits Respondent Site Visits Respondent No Permit [—].__ Private/Community 0 Major Q� CAMA Present Present -Permit Condition U Govt./Public 13 Minor 17] D&F Expired Permit I"I Commercial u General 0 Inconsistent w/ Rules Tier Level: I II III u r] Violation Location and Site Description Project Location: County Street Address/ State Road/ Lot #(s) Subdivision City ZIP Lat/Long Shoreline Length SAV: Not Sure Yes No Sandbags: Not Sure Yes No PNA: Yes No Adjacent ORW: Yes No Adjacent Crit. Hab. Yes No Phone #( ). River Basin Photos Yes No Adj. Wtr. Body (net /man /unkn) Waiver Required Yes No In DWQ Buffer Area Yes No Closest Maj. Wtr. Body - Specify DWQ Buffer if applicable: Restoration Extension Granted Yes No NOV Date Initial Req. Comp. Date CNOV Date Date Comp. Observed Penalty Assessment Sent to Respondent Date Rcvd. by Dist. Mgr. Date Assessment Extended Yes No RECEIVED OCT 0 S 2015 App./Permit Fee Penalty WillfuUlntent. Continuing Restoration Letter Acceptance Date 7J.0409 ReE Recomm. Assess. DCM Assess. $ $ $ $ .Total i w, Formal Assessments, Appeals and Reductions Date Long Form Submitted Assessment Appealed: Yes No Date Formal CPA Submitted Penalty modified Final Assessment $ Date Attorney General's Office for Injunction or Formal Collection Date sent to AG Respondent not responsive to penalty/NOV Injunction to complete restoration Date Collection Letter Sent Date Demand Letter Sent Violation Activities and Impacts AECs Affected: Wetlands Impacted? Yes / No If yes, which types: CW EW PTA ES PTS OEA HHF IH UBA N/A SA DS cJ SY JR LS TY PWS: FC'. SS sc SP IF BF 404 Other: Restoration Required by the Respondent Yes / No Dimensions in excess of permit/ unauthorized activities Dimensions to restore Final dimensions allowed Actually restored . `° >hj NOTES: RECEIVED DCM_ MH—D CITY Closing Payment Received $ Date Date Case Closed