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HomeMy WebLinkAbout05-07D Cockrum13-Apr-05 NC DIVISION OF COASTAL MANAGEMENT ENFORCEMENT RECORD CASE STATUS CASE NUMBER LAST NAME FIRST NAME BUSINESS NAME: CASE IS O� 05-07D COCKRUM JOHN • CASE IS CLOSED 11 NOV DATE CLOSURE DATE AFFLILIATION SECTOR Previous Violations in Same AEC PROPERTY OWNE PRIVATE ❑for Similar Activities 2/16/2005 MAILING ADDRESS CITY STATE ZIP CODE PHONE NUMBER 142 SATARA DR WILMINGTON NC 27 2- F_ PROPERTY ADDRESS COMMUNITY WATERBODY NEAREST ROAD 115 WATERS EDGE DR 1HAMPSTEAD MILL CREEK F_ DISTRICT OFFICE COUNTY DCM REPRESENTATIVE LPO CONTACT PRO PENDER BROOKS �- VIOLATION TYPE MAJOR CAMA AEC TYPE CS NATURE OF VIOLATION -RESTORATION STATUS ---- --- - - -- ------ -- --- C RESTORATION NOT REQUIRED - CONTRACTOR i - RESTORATION NOT REQUIRED - PERMITTABLE DEVELOPMENT El RESTORATION NOT REQUIRED -FURTHER IMPACTS RESTORATION PENDING RESTORATION REQUEST DATE COMPLETION DATE 3/1/2005 2/22/2005 i� RESTORATION EXTENDED RESTORE DATE DEADLINE EXTENDED REFERRED TO AG'S OFFICE - COLLECTION ❑ REFERRED TO AG'S OFFICE - INJUNCTION ASSESSMENT DATE PENALTY AMOUNT COLLECTION DATE AMOUNT COLLECTED PENALTY STATUS ---- ---- - 3/1/2005 $350 3/17/2005 $350 PENALTY ISSUED PENALTY NOT ISSUED,' ❑ WILLFUL INTENTIONAL PENALTY (MIN. OR DOUBLED) ❑ CNOV ISSUED CONRACTOR'S FIRST OFFENSE SETTLED, AGREED UPON, OR STIPULATED PENALTY J PENALTY APPEALED I UNCOLLECTIBLE PENALTY FORMAL CPA ISSUED Violations Involving Adversely Impacted Resources AMOUNT OF ADVERSELY DISTURBED AREA (SO. FT.) AMOUNT OF RESTORED AREA (SO. FT) I NOTES 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 March 17, 2005 Mr. John Cockrum 142 Satara Drive Wilmington, NC 28412 MG. RE: Closure Letter Payment of Proposed Penalty for Violations of the Coastal Area Management Act, Committed in Pender County CAMA Violation # 05-07D Dear Mr. Cockrum: This letter will acknowledge receipt of your Check #2677, in the amount of 350.00, dated March 16, 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 office, (910) 395-3900. Sincerely, Jam . Gregson District Manager lJ.[e7GfTi cc: Ted Tyndall, Assistant Director Roy Brownlow, Compliance Coordinator WIRO File Copy 127 Cardinal Drive Extension, Wilmington, North Carolina 28405-3845 Phone: 910-395-3900\Fax: 910-350-2004 \ Internet: http://dcm2.enr.state.nc.us An Equal Opportunity \ Affirmative Action Employer - 50% Recycled \10% Post Consumer Paper John Cockrum March 1, 2005 Page 3 of 3 CAMA VIOLATION # 05.07D 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 $350.00 against me for violation of the Coastal Area Management Act, NCGS 113A-100 et se% committed on or near my property at Lot 15, 115 Waters Edge Drive in Fender 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 February 16, 2005, and agree to pay the proposed civil assessment of $350.00. DATE ei.JL�trs SIGNATU-4 i ADDRESS G Ekq/Z 1R/ -q3�3 TELEPHONE NUMBER Jl ll� JL V .1L:9 MAR 17 2005 Z DIVISION OF COASTAL MANAGEMENT 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 March 17, 2005 Mr. John Cockrum 142 Satara Drive Wilmington, NC 28412 RE: Closure Letter Payment of Proposed Penalty for Violations of the Coastal Area Management Act, Committed in Pender County CAMA Violation # 05-07D Dear Mr. Cockrum: This letter will acknowledge receipt of your Check #2677, in the amount of 350.00, dated March 16, 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 office, (910) 395-3900. . Gregson District JHG/bar cc: Ted Tyndall, Assistant Director Roy Brownlow, Compliance Coordinator WIRO File Copy 127 Cardinal Drive Extension, Wilmington, North Carolina 28405-3845 Phone: 910-395-3900\Fax: 910-350-2004 \ Internet: http://dcm2.enr.state.nc.us An Equal Opportunity \ Affirmative Action Employer - 50% Recycled \10% Post Consumer Paper John Cockrum March 1, 2005 Page 3 of 3 CAMA VIOLATION # 05.07D 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 $350.00 against me for violation of the Coastal Area Management Act, NCGS 113A-100 et seg, committed on or near my property at Lot 15, 115 Waters Edge Drive in Pender 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 February 16, 2005, and agree to pay the proposed civil assessment of $350.00. 3-(l�-2,90S �L > DATE SIGNATUR ADDRESS WLQ Vh. !J C 1,1/ -g373 TELEPHONE NUMBER V`'V.I19 MAR 17 2005 DIVISION OF COASTAL MANAGEMENT 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 March 1, 2005 CERTIFIED MAIL # 7004 2890 0002 34251753 RETURN RECEIPT REQUESTED Mr. John Cockrum 142 Satara Drive Wilmington, NC 28412 RE. CAMA VIOLATION #05-07D Dear Mr. Cockrum: This letter is in reference to the Notice of Violation dated February 16, 2005 that Ed Brooks, representative for the Division of Coastal Management, issued to you for Unauthorized fill in of wetlands at 115 Waters Edge Drive, Lot 15, Pender County. The violation involved Estuarine Water, which is an area of Environmental Concern designated by the Coastal Resources Commission. Based upon the site visit conducted on February 22, 2005 by Ed Brooks, 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 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 Resource Commission,.a proposed civil penalty in the amount of $350.00 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 $350.00 made payable to the North Carolina Department of Environment and Natural Resources (NCDENR); 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. 127 Cardinal Drive Ext., Wilmington, North Carolina 28405-3845 Phone: 910-395-39001 FAX: 910-350-20041 Internet: www.nccoastaimanagement.net An Equal Opportunity1 Affirmative Action Employer — 50% Recycled 110% Post Consumer Paper !f I John Cockrum 3 March 1, 2005 NiAR 1 J 2005 Page 2 of 3 Morehead City DOM 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 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 (910) 395-3900. Sinceffily, Ji G'gson, District anager Div ion of Coastal Management Enclosures cc: Charles S. Jones, Director, DCM Roy Brownlow, Compliance Coordinator, DCM E.F. Brooks, Coastal Management Representative, DCM Noelle Lutheran, Surface Water Protection John Cockrum March 1, 2005 Page 3 of 3 CAMA VIOLATION # 05.07D 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 $350.00 against me for violation of the Coastal Area Management Act, NCGS 113A-100 et sec, committed on or near my property at Lot 15, 115 Waters Edge Drive in Pender 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 February 16, 2005, and agree to pay the proposed civil assessment of $350.00. DATE SIGNATURE ADDRESS TELEPHONE NUMBER y� 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 February 25, 2005 ter. Mr. John Cockrum �" L" � ;'I Wilmington, ingtonSatara Drive Wilmington, NC 28412 MAR 4 2005 RE:RESTORATION ACCEPTANCE — CAMA VIOLATION #05.07 D Morehead City DCM Dear Mr. Cockrum: This letter is in reference to the Notice of Violation # 05-07 D, sent to you dated February 16, 2005 for the unauthorized fill in wetlands, within the Coastal Shoreline AEC, adjacent to Mill Creek, in Fender County. The violation took place on your property located at 115 Waters Edge Drive, near the community of Hampstead, in Pender County, North Carolina. This unauthorized activity constituted development and you were requested to remove the fill material from the delineated wetland area, as approved by the US Army Corps of Engineers on 11/26/02, Action ID# 200300121. In accordance with the North Carolina Administrative Code, Title 15A, Subchapter 7J.0410, any violation involving development which is inconsistent with guidelines for development within Areas of Environmental Concern (AEC) must be corrected by restoring the project site to pre -development conditions to recover lost resources or to prevent further resource damage. I conducted a site visit at the aforementioned property on February 22, 2005, to inspect the restoration of the unauthorized activity addressed in the Notice of Violation 05-07 D. Based on this inspection; it appears the restoration is accomplished to the satisfaction of this Division. Upon my submission of an enforcement report, you will be notified as to the amount of the civil penalty for undertaking this unauthorized activity within a designated Area of Environmental Concern. 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) 395-3900. Siinnncerely, E. F. Brooks Coastal Management Representative Cc:Ted Tyndall, Assistant Director, and DCM Jim Gregson, District Manager, DCM Roy Brownlow, Compliance Coordinator, DCM Henry Wicker, USACOE Tommy Garriss, Fender Co. LPO 127 Cardinal Drive Ext., Wilmington, North Carolina 28405-3845 Phone: 910-395-3900 \ FAX: 910-350-2004 \ Internet: www.nccoastalmanagement.net An Equal Opportunity \Affirmative Action Employer— 50% Recycled \ 10% Post Consumer Paper NC®ENR North Carolina Department of Environment and Natural Division of Coastal Management Michael F. Easley, Governor Charles S. Jones, Director NOTICE OF VIOLATION 2/1612005 HAND DELIVERED John Cockrum 142 Satara Drive Wilmington, NC 28412 Resources William G. Ross Jr., Secretary RE:NOTICE OF VIOLATION AND REQUEST TO CEASE UNAUTHORIZED DEVELOPMENT CAMA VIOLATION #05.07-D Dear Mr. Cockrum: This letter confirms that on February 15, 2005, Gale Stenberg and Ed Brooks, Division of Coastal Management Field Representatives, were onsite at your property located at 115 Waters Edge Drive, Lot 15 Waters Edge Subdivision, adjacent to Mill Creek, in Pender County, North Carolina. The purpose of the visit was to investigate the unauthorized filling of wetlands within the Coastal Shoreline Area of Environmental Concern. 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-118. I have information that indicates you have undertaken or are legally responsible for the unauthorized filling of wetlands within the Coastal Shoreline Area of Environmental Concern. No CAMA permit was issued to you for work in this area. Based on these findings, I am initiating an enforcement action by issuing this Notice of Violation for violation of the Coastal Area Management. 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 $100 not to exceed $2,500 against all violations. This is done to recoup some of the costs of investigating violations andlor to compensate the public for any damage to its natural resources. Whether a higher amount will be 127 Cardinal Drive Ext., Wilmington, North.Carolina 28405-3845 Phone: 910-395-3900 \ FAX:' 910-350-2004 \ Internet: www.nccoastalmanagement.net An Equal opportunity \ Affirmative Action Employer-50% Recycled \ 10% Post Consumer Paper II John Cockrum ` 2/16/OS F 3 zdU Page t PeiGi ohCad City DCPA assessed depends on several factors, including the nature and area of the resources that were affected and the extent of the damage to them. Based upon the North Carolina Administrative Code, Title 15A, Subchapter 07H. State Guidelines for Areas of Environmental Concern, the activity you have undertaken is not consistent with Section .0601, which states that "No development shall be allowed in any AEC which would result in a contravention or violation of any rules, regulations, or laws of the State of North Carolina or of local government in which the development takes place.' and Subchapter 07J. Section .0201, which requires that "...every person wishing to undertake any development in an area of environmental concern shall obtain a permit from the Department, in the case of a major development..:'. Therefore, I am requesting that the fill material be removed from the delineated wetland area, as approved by the US Army Corps of Engineers on 11/26/02, Action ID# 200300121. Please refer to the enclosed Restoration Agreement. If you intend to cooperate with my request, please sign one of the attached Restoration Agreements 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. 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. 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 (910) 395-3900. Upon completion of the restoration as requested in the Restoration Plan Agreement to the satisfaction of the Division of Coastal Management, you will be notified as to the amount of the civil assessment for undertaking development without first obtaining the proper permit(s) and/or development that is inconsistent with Coastal Resources Commission rules. S' cereI E. F. Brooks, Coastal Management Representative Cc:Ted Tyndall, Assistant Director, DCM Jim Gregson, District Manager, DCM Roy Brownlow, Compliance Coordinator, DCM ENCLOSURE 127 Cardinal Drive Ext., Wilmington, North Carolina 28405-3845 Phone: 910-395-3900 \ FAX 910-350-2004 \ Internet: www.nccoastalmanagement.net An Equal Opportunity \ Affirmative Action Employer— 50% Recycled \ 10% Post Consumer Paper RESTORATION PLAN For John Cockrum Property CASE NUMBER: 05-07 D Property located at 115 Waters Edge Drive (Lot 11), Fender County -- ---.-----1------ nnt.� pvvX (dG X tF l $ iY6_TLAFJD ii tl LINE q .. r� •.I I .. �..I , ,• l it r: i I I .I I, John Cockrum, agree to remove the fill material from the designated wetland areas and install and maintain adequate sedimentation and erosion control measures to stabilize the area until veoetation is established. I agree to complete this restoration to the satisfaction of the Division of Coastal Management (DCM) by March 1, 2005, or provide an explanation for non-compliance and a reasonable request for time extension. When corrective actions are complete, I will notify the DCM so the work can be inspected. SIGNATURE: DATE: It is tree policy of the Coastal Resources Commission to levy a minimum civil assessment SFINE 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. RESTORATION PLAN For John Cockrum Property CASE NUMBER: 05-07 D Property located at 115 Waters Edge Drive (Lot 11), Pander County L Cb'T' 11 / \.4' Tl rt tJ D ELl �V 4I fli y I I, John Cockrum, agree to remove the fill material from the designated wetland areas and install and maintain adequate sedimentation and erosion control measures to stabilize the area until veoetation is established. I agree to complete this restoration to the satisfaction of the Division of Coastal Management (DCM) by March 1, 2005, or provide an explanation for non-compliance and a reasonable request for time extension. When corrective actions are complet� I will pti p the DCM so the work can be inspected. I 1 SIGNATURE: A "V 'v DATE: ZI�I ZUOS It is the policy of the Coastal Resources Commission to levy a minimum civil assessment $FINE 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. �r 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 March 1, 2005 CERTIFIED MAIL # 7004 2890 0002 34251753 RETURN RECEIPT REQUESTED Mr. John Cockrum 142 Satara -Drive Wilmington, NC 28412 RE: CAMA VIOLATION #05-07D Dear Mr. Cockrum: This letter is in reference to the Notice of Violation dated February 16, 2005 that Ed Brooks, representative for the Division of Coastal Management, issued to you for Unauthorized fill in of wetlands at 115 Waters Edge Drive, Lot 15, Fender County. The violation involved Estuarine Water, which is an area of Environmental Concern designated by the Coastal Resources Commission. Based upon the site visit conducted on February 22, 2005 by Ed Brooks, 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 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 Resource Commission, a proposed civil penalty in the amount of $350.00 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 $350.00 made payable to the North Carolina Department of Environment and. Natural Resources (NCDENR); 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. 127. Cardinal Drive Ext., Wilmington, North Carolina 28405-3845 Phone: 910-395-39001 FAQ: 910-350-20041 Internet: www.nccoastaimanagement.net An Equal Opportunity 1 Affirmative Action Employer — 50% Recycled 110% Post Consumer Paper John Cockrum March 1, 2005 Page 2 of 3 !/9/ 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 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 (910) 395-3900. Sin ly, Ji G gson, District anager Div ion of Coastal Management Enclosures cc: Charles S. Jones, Director, DCM Roy Brownlow, Compliance Coordinator, DCM E.F. Brooks, Coastal Management Representative, DCM Noelle Lutheran, Surface Water Protection VAR 1 V 2005 Morehead City DCi\A John Cockrum March 1, 2005 Page 3 of 3 CAMA VIOLATION # 05.07D 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 $350.00 against me for violation of the Coastal Area Management Act, NCGS 113A-100 et sec, committed on or near my property at Lot 15, 115 Waters Edge Drive in Fender 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 February 16, 2005, and agree to pay the proposed civil assessment of $350.00. DATE SIGNATURE ADDRESS TELEPHONE NUMBER