05-60D Shuttleworth

NCDENR
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
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November 21, 2005 TB RB
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CERTIFIED MAIL 7002 2410 0003 17212183
RETURN RECEIPT REQUESTED
Coastal Colorado Development, Co. ��� k
C/o Steve Shuttleworth
7741 Market Street Unit H NO V 2 8 2005
Wilmington, NC 28411
RE. LAMA VIOLATION #05-60D Morehead City pCM
Dear Mr. Shuttleworth:
This letter is in reference to the Notice of Violation that Jason Dail, representative for the
Division of Coastal Management, sent to you on 10/27/05, for land disturbing activities within
the Estuarine Shoreline Area of Environmental Concern (AEC) at your property, located along
Sloop Point Road, in Pender County. The violation involved the Estuarine Shoreline, which is
an Area of Environmental Concern designated by the Coastal Resources Commission. Based
upon the site visit conducted on 10/24/05 by Jason Dail, the restoration requested is complete to
the satisfaction of the Division of Coastal Management.
The Coastal Area Management Act provides that a civil assessment of up to $2,500 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 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 Resource Commission, a civil penalty in the amount of $350.00 is
appropriate for this violation. Therefore, a $350.00 penalty is informally proposed against you.
You may expeditiously resolve this matter at this time by accepting responsibility for the
violation, waiving your right to an administrative hearing, and paying the amount proposed
above. In order to do this, you must: (1) sign one of the attached copies of a "Waiver of Right to
an Administrative Hearing and Agreement to Pay Civil Assessment;" (2) attach a check or
money order for $350.00 made payable to the North Carolina Department of Environment and
Natural Resources (NCDENR); and, (3) return the signed waiver 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.
127 Cardinal Drive Ext., Wilmington, North Carolina 28405-3845
Phone: [phone]\ FAX: [phone] \ Intemet: www.nccoastalmanagement.net
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Mr. Steve Shuttleworth
11/21/05
Page 2 of 2
If you do not send a signed waiver 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 remission of the
penalty.
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 [phone].
Sincerely,
Jun Gregson, District Manager, DCM
Enclosures
cc: Roy Brownlow, DCM
Jason Dail, DCM
127 Cardinal Drive Ext., Wilmington, North Carolina 28405-3845
Phone: [phone] \ FAX: [phone] \ Internet: www.nocoastaimanagement.net
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ub-6uu coastal coloraao - Jnumeworin
Subject: 05-60D Coastal Colorado - Shuttleworth
From: Roy Brownlow <Roy. Brownlow@ncmail. net>
Date: Wed, 16 Nov 2005 13:52:57 -0500
To: Shaun Simpson <[e-mail]>
CC: Jason Dail <[e-mail]>, Jim Gregson <[e-mail]>
Shaun:
Hope you are doing well.
Could you please fax me the assessment letter for case no. 05-60D Coastal Colorado
Development Co, Steve Shuttleworth?
Thanks,
Roy
Brownlow, Compliance Coordinator
400 Commerce Ave
Morehead City, NC 28557
Phone: [phone] FAX [phone]
Toll Free: 888.912.CAMA
Resources
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NCDENR
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
November 9, 2005
Coastal Colorado Development, Co.
C/o Steve Shuttleworth
7741 Market Street Unit H
Wilmington, NC 28411
RE: Payment of Proposed Penalty for Violations of the Coastal Area Management Act,
Pender County
CAMA Violation #05-60D
Dear Mr. Shuttleworth:
This letter will acknowledge receipt of Check #1177, provided on behalf of Coastal Colorado
Development, Co., in the amount of $350.00, and dated November 11, 2005. 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 Wilmington
Regional office, 910-796-7215.
Sincerely,
r^.
Jim r_gs n
Dist �Ct Manager
Wilmington Regional Office
cc: Roy Brownlow, DCM
WIRO Copy
127 Cardinal Drive Ext., Wilmington, North Carolina 28405-3845
Phone: [phone] \ FAX: [phone] \ Internet: www.nccoastalmanagement.net
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NCDENR
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
NOTICE OF VIOLATION
October 27, 2005
CERTIFIED MAIL 7004 2890 0002 3425 2798
RETURN RECEIPT REQUESTED
Coastal Colorado Development Co.
C/o Jerry Haire and Steve Shuttleworth
7741 Market Street, Unit H
Wilmington, NC 28411
REQUEST TO CEAS UNAU ORIZED DEVELOPMENT
CAMA VIOLATION 05-60D
Dear Mr. Haire/Shuttleworth:
3 JET
O C T 3 1 2005
Morehead City DCM
This letter confirms that on 10/24/05, I was at your property located along Sloop
Point Road, adjacent to Virginia Creek, located near Hampstead, in P iAddu County. The
property in question is known as the Yachtsman Cove Subdivision. The purpose of the
site visit was to perform a site inspection for preparation of the field investigation report
for the CAMA Major permit application, submitted on your behalf by Southern
Environmental Group, Inc.
Information gathered by the Division of Coastal Management staff 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.) 113-118.
Information I have indicates you have undertaken or are legally responsible for
development, specifically land disturbance activities within the 75' Area of
Environmental Concern (AEC), on the aforementioned property. These activities took
place along the Coastal Shoreline AEC that is contiguous with the waters of Virginia
Creek. Additionally, the waters of Virginia are classified as "SA" by the Division of
127 Cardinal Drive Ext., Wilmington, North Carolina 28405-3845
Phone: [phone]\ FAX: [phone] \ Internet: www.nccoastalmanagement.net
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i,
Mr. Haire/Shuttleworth
Page Two
October 27, 2005
Water Quality, and development within 75' from normal high water (NHW) in areas
adjacent to estuarine waters require a CAMA permit. No permit was issued for the work
in this area. Based on these findings, I am initiating an enforcement action by issuing this
Notice of Violation for violation of the CAMA.
I request that you immediately CEASE AND DESIST any further unauthorized
activities within designated Areas of Environmental Concern. A civil assessment of up to
$2,500 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 up to $2,500. An injunction or criminal penalty may also be
sought to enforce any violation (N.C.G.S. 113A-126).
It is the policy of the Coastal Resources Commission to levy a minimum civil assessment
of $350.00 not to exceed $2,500 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.
In order to determine if the aforementioned development activity may have been
permitted via the CAMA Permit process and to determine if the activity is consistent with
the North Carolina Administrative Code, Title 15A, 7H. State Guidelines for Areas of
Environmental Concern, I am requesting that you provide me with the following:
1.) Documentation from the Division of Water Quality (401 Section),
Sedimentation and Ersoion Control, Land Quality Section and the U.S. Army
Corp of Engineers, stating that they have no objection to the development
activities that have occurred to date at the property located along Sloop Point
Road, near Hampstead, Pender County. The contact persons are Noelle
Lutheran or Joanne Steenhuis (DWQ), Trent James (LQS) and Henry Wicker
(USACE), respectively.
2.) Upon request by DCM, you must be able to provide confirmation that
a written statement has been obtained, signed by:the 'adjadent riparian property
owners, indicating that they have no objection to the completed work, or you
may provide confirmation that adjacent riparian property owners have been
notified by certified mail of the completed work.. This notice shall instruct
adjacent property owners to provide any comments on the completed
development in writing to this Division within ten (10) days of receipt of the
notice and shall indicate that no response from them will be interpreted_as not
having any objections.
127 Cardinal Drive Ext., Wilmington, North Carolina 28405-3845
Phone: [phone] FAX: [phone] Internet: www.nccoastalmanagement.net
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Mr. Haire/Shuttleworth
Page Three
October 27, 2005
3.) You must apply for and obtain a CAMA Permit before undertaking
any other development in any Area of Environmental Concern in accordance
with N.C.G.S 113A-118 and the North Carolina Administrative Code, Title
15A, 07J.0201.
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.
Thank you for your time and cooperation in resolving this important matter. If
you have any questions about this or related matters, please call me at [phone].
Pending your submission of the requested documentation and proof of notification to the
adjacent riparian property owners, you will be notified as to the amount of a civil
assessment for undertaking development without first obtaining the proper permit(s).
cerely,
Jason Dail
CAMA Express Permit Coordinator
cc: Ted Tyndall, Assistant Director, DCM
Jim Gregson, District Manager, DCM
Roy Brownlow, Compliance Coordinator, DCM
Trent James -Wilmington, LQS
Henry Wicker, USACE
Noelle Lutheran, DWQ
127 Cardinal Drive Ext., Wilmington, North Carolina 28405-3845
Phone: [phone] FAX: [phone] Internet: www.nccoastalmanagement.net
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RESTORATION PLAN
For
Yachtsman Cove Property
Property located along Sloop Point Road, adjacent to Virginia Creek, near Hampstead,
Pender County
Please provide the requested information indicated in this letter as resolution for the
above referenced violation. Further restoration for this site will be satisfied following the
submittal of a CAMA Major Permit Application.
I, Jerry Haire/Steve Shuttleworth, agree to resolve this violation by provide the above
referenced information.
I agree to complete this restoration to the satisfaction of the Division of Coastal
Management by 11/17/05, or provide an explanation for non-compliance and a
reasonable request for time extension.
SIGNATURE:
DATE:
It is the policy of the Coastal Resources Commission to levy a minimum civil assessment $350.00 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.
127 Cardinal Drive Ext., Wilmington, North Carolina 28405-3845
Phone: [phone] FAX: [phone] Internet: www.nccoastalmanagement.net
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01-NOV-05 NC DIVISION OF COASTAL MANAGEMENT ENFORCEMENT RECORD
CASE NUMBER LAST NAME FIRST NAME BUSINESS NAME:
OS-60D 1HAIREISHUTTLEWORT JERRYISTEVE 1COASTAL COLORADO DEVELOP
CASE IS CLOSED Previous Violations in Same
AEC for Similar Activities
NOV DATE CLOSURE DATE Elapsed Days AFFLILIATION SECTOR
192712 005 F- PROPERTY OWNER COMMERCIAL
MAILING ADDRESS CITY STATE ZIP CODE PHONE NUMBER
7741 MARKET ST, UNIT H WILMINGTON NE-
--PROPERTY ADDRESS COMMUNITY WATERBODY NEAREST ROAD
YACHTSMAN COVE S/D HAMPSTEAD IVIRGINIA CREEK SLOOP POINT
DISTRICT OFFICE COUNTY DCM REPRESENTATIVE LPO CONTACT
WIRO FENDER JDAIL F
VIOLATION TYPE ❑ CW L. I EW I I PTA [d-I ES i I PTS
MAJOR CAMA I I OEA iJ HHFA I I IHA I I PWS !_ I NCRA
NATURE OF VIOLATION AEC DESCRIPTION
AEC adjacent to Virginia Creek.
RESTORATION REQUEST DATE COMPLETION DATE
❑ I I
❑ RESTORATION NOT REQUIRED - CONTRACTOR RESTORATION EXTENDED RESTORE DATE
❑ RESTORATION NOT REQUIRED - PERMITTABLE DEVELOPMENT DEADLINE
EXTENDED
❑ RESTORATION NOT REQUIRED - FURTHER IMPACTS REFERRED TO AG'S OFFICE - INJUNCTION
RESTORATION PENDING
F I INJUNCTION DATE:
REFERRED TO AG'S OFFICE -COLLECTION r
COLLECTION REQUEST DATE: I -
ASSESSMENT DATE PENALTY AMOUNT COLLECTION DATE AMOUNT COLLECTED
❑ PENALTY ISSUED
L_I WILLFUL &INTENTIONAL PE IN. ORDOUBLED)
❑ PENALTY NOT ISSUED I CNOV ISSUED CNOV DATE
❑ CONRACTOR'S FIRST OFFENSE I I PENALTY APPEALED APPEAL DATE
FORMAL CPA ISSUED FORMAL CPA DATE
SETTLED. AGREED UPON. STIPULATED PENALTY SETTLEMENT DATE
UNCOLLECTIBLE PENALTY F-UNCOLLECTIBLE DETERMINATION DATE
Violations Involving Adversely Impacted Resources
AMOUNT OF ADVERSELY DISTURBED AREA (SQ. FT.)
AMOUNT OF RESTORED AREA (SO. FT)
NOTES
see case no. 05-61 D Bulk Transport & Excavation Services, Inc., clo Kendall Moore - contractor