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
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.. r� •.I I .. �..I , ,• l it
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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