05-02D Colclaugh

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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
February 2, 2005 FEB 0 7 2005
CERTIFIED MAIL # 7004 2510 0001 8280 0130 murehead UZY DGIVA
RETURN RECEIPT REQUESTED
Jason Colclough
Lot 13,1051 Mallard Bay Rd.
Hampstead, NC 28443
RE: NOTICE OF VIOLATION AND REQUEST TO CEASE UNAUTHORIZED DEVELOPMENT — CAMA
VIOLATION # 05-02D
Dear Mr. Colclaugh:
This letter confirms that on January 19, 2005, 1 was onsite at your property located at Lot 12 Mallard Bay
Road adjacent to Mallard Bay Canal, which is a tributary to the Atlantic Intracoastal Waterway located in
Hampstead, Fender County, North Carolina. The purpose of the visit was to investigate unauthorized
clearing, excavating and grading of this lot which caused excessive amounts of sedimentation from the
disturbed soils to erode into and build up in Mallard Bay Canal adjacent to the property.
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 that you have undertaken or are legally responsible for the following:
a. The unauthorized clearing, excavating and grading of the aforementioned property located
adjacent to Mallard Bay Canal.
b. The excessive sedimentation build up in Mallard Bay Canal caused from the runoff of disturbed
soils from the aforementioned property in an area of approximately 75 ft. x 10 ft.
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127 Cardinal Drive Ext., Wilmington, North Carolina 28405-3845
Phone: [phone] \ FAX: [phone] \ Internet:
www.nccoastalmanagement.net iti AIOV4.

Mr. Colclough
February 2, 2005
Page Two
These activities took place in an Estuarine Coastal Public Trust Area and The Coastal Shoreline
that is contiguous with Mallard Bay Canal located adjacent to the Atlantic Intracoastal Waterway.
Estuarine waters, Public Trust Areas, and The Coastal Shoreline are designated as Areas of
Environmental Concern (AEC). According to our conversation, it was the work that you initiated
prior to the inspection date of January 19, 2005, which caused excessive amounts of
sedimentation from the disturbed soils to erode into and build up in Mallard Bay Canal. This work
included the unauthorized clearing, excavating and grading of this lot. No CAMA permit was
issued to you for this 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 Act and
the State's Dredge and Fill Law.
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
not to exceed $2,500 against all violations of this type. 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.
You are also in violation of the State's Dredge and Fill Law which requires a permit from the North
Carolina Department of Environment and Natural Resources before undertaking any excavating or
filling in any estuarine waters, tidelands, marshlands, or state-owned lakes pursuant to N.C.G.S.
113-229. Therefore, I also request that you immediately CEASE AND DESIST such unauthorized
activity and contact me about this matter as well. Violations of the State's Dredge and Fill Law may
be enforced by a criminal penalty or a civil action for damages or an injunction in accordance with
N.C.G.S. 113-229.
Based upon the North Carolina Administrative Code, Title 15A, Subchapter 07H. State Guidelines
for Areas of Environmental Concern (AEC), the activities that you have undertaken listed in this
notice, in Estuarine Waters, Public Trust Areas and The Coastal Shoreline AECs, are not
consistent with Sections .0207, .0208 and .0209. These sections prohibit the elimination of buffer
zones or the weakening of natural barriers to erosion including resistant clay shorelines, they
prohibit the placement of spoil material in marsh or regularly flooded areas and they require
stabilization measures to be taken to prevent the entry of sediments into adjacent water bodies.
Therefore, I am requesting the attached restoration requirements.

Mr. Colclaugh
February 2, 2005
Page Three
The enclosed Restoration Plan describes the action necessary to bring this project into compliance
with the Coastal Management Act. 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).
Sincerely,
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Gale Stenberg
Coastal Management Representative
Cc: Ted Tyndall, DCM
Jim Gregson, DCM
Roy Brownlow, Compliance Coordinator, DCM
Lillett Grenade, USACE
Noelle Lutheran, DWQ
ENCLOSURE

RESTORATION PLAN
For
Jason Colclough Property
Property located at Lot 12, Mallard Bay Rd., Pander County
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1. Install a silt fence along the boarder of Mallard Bay Canal to prevent further erosion
into the bay area.
2. All disturbed areas should be stabilized with vegetation immediately.
3. Sedimentation within the Bay area must be removed to an upland site in compliance wit„ ..
4. The depth of excavated area where sedimentation is removed must not exceed the original
area depth or the depth of the adjacent Canal area.
I, Jason Colclough, agree to accomplish these restoration requirements in full.
I agree to complete this restoration to the satisfaction of the Division of Coastal Management by February
20, 2005, 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 and higher against all
violations of this We 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.

PILE MEiMOPANDWO
TO: ROY BROWNLOliV, COMPLIANCE COORDINATOR
FROM: M. TED TYNDALL, ASS-. DIRECTOR
SUBJECT: VIOLATION CASE CLOSURE RECOMMENDATIONS
DATE: 02/01/2012
CC: RONDA BENNETT
Investigation has disclosed information that warrants discontinuation of enforcement action on
the case listed below. Therefore, based upon staffs review and circumstances in this case, I
hereby authorize closing/discontinuing CAMA Violation case No.: 05 , D2D
M. TED TYNDALL. Assistant Director
02/01/2012
Date