05-10D Singleton

FILE MEMORANDUM
TO: ROY BROWNLOW, COMPLIANCE COORDINATOR
FROM: M. TED TYNDALL, ASST. 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.:
02/01/2012
M. TED TYNDAL . Assistant Director Date

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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
February 22, 2005
HAND DELIVERED
Mr. Gary Singleton
40618TM Street
Sunset Beach, North Carolina 28468
RE. NOTICE OF VIOLATION AND REQUEST TO CEASE UNAUTHORIZED DEVELOPMENT
CAMA VIOLATION 05-10 D
Dear Mr. Singleton:
This letter confirms that on February 3, 2005,1 was onsite at your property located at Lots 1 & 2 Northshore Drive, adjacent to a
man-made canal, off of Jink's Creek, located in Sunset Beach, in Brunswick County, North Carolina. The purpose of the visit
was to investigate unauthorized development of land disturbance and filling of Coastal Wetlands on the aforementioned
property. This letter also references the stop work order issued to you by Mark Wahl, Sunset Beach Building Inspector, on
February 1, 2005.
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 filling of approximately 200 square feet
of Coastal Wetlands on the aforementioned property and the grading of the associated grading of the lot for the installation of a
septic tank. This activity'took place in Coastal Wetlands and the Coastal Shoreline that are contiguous with the unnamed
tributary of Jink's Creek. Coastal Wetland and the Coastal Shoreline are designated as Areas of Environmental Concern (AEC).
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 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. 11 3A-1 26).
It is the policy of the Coastal Resources Commission to levy a minimum civil assessment of $MIN FINE 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
publicfor 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.

Gary Singleton
February 22, 2005
Page 2
14
Morehead Cit
You are also in violation of the State's Dredge and Fill Act 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 Act 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, the activity you have undertaken, the filling of approximately 200 square feet of Coastal Wetlands for residential lot
development in the Coastal Wetland AEC, is not consistent with Section 15A NCAC 07H.0208 which states that uses which are
not water dependent shall not be permitted in coastal wetlands, estuarine waters and public trust areas. Therefore, I am
requesting that you remove the fill material from the previously staked wetland area and install and maintain adequate
sedimentation and erosion control measures to stabilize the area until vegetation is established.
The enclosed Restoration Plan describes the action necessary to bring this project into compliance with the 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 [phone]. 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, 1�
T,
J H. Gregson, District anager
Division of Coastal Management
Cc: Ted Tyndall, Assistant Director, DCM
Caroline Bellis, DCM
Roy Brownlow, Compliance Coordinator, DCM
Mark Wohl, LPO Town of Sunset Beach
ENCLOSURE

RESTORATION PLAN
For
Gary Singleton Property
Property located at Lots 1 & 2, Northshore Drive, Sunset Beach, Brunswick County
-Cance('. '
Mood Bulkhead
N a3'45'24" E APpLos
6a 14" E
50.25 �! Y llich 17a
Nail Fd
\
M Rebar S,
(Witness Co;
ry
$eb�.r •Set
^I
ez 7/confer)
uO '0
(1 M
NII ,V eckkinl / n
0)
m
Lot 1
n N
0.13 ACRES °n °o
o
By Coordinates Lot 2 0 Lot 3
0 0.1" ACRES
8 z
By Coordinates
O
/
•
P,ebar Fd.
50.27' 50.16, 100.36'
{3�ron Pod Fd S 73'46'19" W P.ebar Fd Re
(Disturbed)
2tio
North Shore Drive 30 P/,
I, Gary Singleton, agree to remove the fill material from the pre%iiously staked wetland area and install and maintain adequate .
sedimentation and erosion control measures to stabilize the area until vegetation is established'.
I agree to complete this restoration to the satisfaction of the Division of Coastal Management by March 15, 2005, or provide an
explanation for non-compliance and a reasonable request for time extension. Z1 bu'
Q-/ 1 A-ec j r 4,:
SIGNATURE: I
I �T
DATE:
It is the policy of the Coastal Resources Commission to levy a minimnm civil assessment WINE and higher against all violations of
this type depending tipon the damage to the resources. Ifrestoration is not :mdertaken or satisfactorily completed, a substantially
higher civil assessment will be levied and an inj:mction sought to regaire restoration.

.1
DCM ENFORCEMENT TRACKING REPORT
p r 2e &fin Issuer
Field Re � � tM U ❑
LPO I.)Ski ❑
LPJ Sv1NSe7r N
Violation Base No. S—0
A B C D
Violated Permit No.
Violation Description Was activity permittable? Yes / No
Initial Discovery Date 0.)_0 2i—J j Discovery Method Jf S;
Violation Description
,W,4oi(l.G 4&6 &-4 )OU 5r-4/- 09 l'6if wee`/.4Lbr
Respondent Name(s)
Address _ lX�-
Phone # ',69 S0J_51
�Violation Type:
,No Permit
El PermitCandition
[I Expired Permit
[ Inconsistent w/ Rules
Prior Violations in same AEC: Yes / No Case Number:::.:-.": :;;.. . -01
Project Type:
PrivatelCommunity
Govt./Public
[I Commercial
City �L(n SPA/ _,&461 State Zip
Fax #
Authorizations Required:
[%Major �'I'�CAMA
`I Minor D&F
I I General
Violation Location and Site Description
Project Location: County f 11 CKYW, 61
Street Address/State Road/ Lot #(s) L 64
40(e, &ROlP —
Site Visits Respondent
Present
-cl _-d [
( I
Site Visits Respondent
Present
77
r—i
Rover File
Shoreline Length %W
SAV: Not Sure Yes
Sandbags: Not Sure Yes 1�!'
PNA: Yes Cd Adjacent
ORW: Yes &1 Adjacent
_ Crit. Hab. Yes No
Phone # (_) YRRiver Basin /_ t� Aze_ Photos 1 No
Adj. Wtr. Body ` J JA Cf tr- foot / n�nknl_ Waiver Required Yes l�q%
Closest Maj. WV. Body - (' � �-�" -In DWQ Buffer Area yes No
Specify DWQ Buffer if applicable:
Restoration
psi
NOV Date 0 Initial Req. Camp. Date " d Extension Granted Yes No
CNOVDate_ Date Comp. Observed d�-J��O�- Restoration Letter
Acceptance Date
Penalty Assessment
Sent to Respondent Date
Rcvd by DCM Date
Assessment Extended Yes No
7J.0409 Ref. Recomm. Assess.
DCM Assess.
App./Permit Fee
is 5D v' i
g
Penalty 01
is , 061, cw
s
Willful/Intent.
is
s
Continuing
Is
I s
Other
T
1�
Total
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