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Home My WebLink About15-04D Simmons. � w= NCDENR North Carolina Department of Environment and Natural Resources Pat McCrory Donald R. van der Vaart Governor Secretary NOTICE OF VIOLATION March 3, 2015 CERTIFIED MAIL 7011 0110 0000 9947 2338 RETURN RECEIPT REQUESTED Mr. Jeff Simmons P.O. Box 7 Shallotte, NC 28459 RE: NOTICE OF VIOLATION AND REQUEST TO CEASE UNAUTHORIZED DEVELOPMENT CAMA VIOLATION #15-04D Dear Mr. Simmons: This letter confirms that on January 22, 2015, Tyler Crumbley, U.S. Army Corps of Engineers, and I met with you onsite at your property located at 4812 Main street adjacent to the Shallotte River located in or near Shallotte, Brunswick County, North Carolina. The purpose of the visit was to investigate unauthorized development of bulkhead installation adjacent to the Shallotte River. This letter also confirms my January 20, 2015 phone conversation with your agent, Kevin Richard, regarding this matter. 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 installation of a 33 ft. long bulkhead impacting an approximately 33 ft. long by 4 ft. wide (132 sq. ft.) area on the aforementioned property. This activity took place in Estuarine Shoreline, Coastal Wetland, Estuarine Water and Public Trust Areas of Environmental Concern (AECs) that are contiguous with the Shallotte River. Coastal wetlands onsite consist primarily of Saw Grass (Cladium jamaicense). The waters of the Shallotte River are designated as a Primary Nursery Area by the N.0 Division of Marine Fisheries. No CAMA permit was issued to you for work in these Areas. It appears that the unauthorized bulkhead may also extend onto the adjacent property to the north. 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 development and contact me about this matter. A civil assessment of up to $10,000 plus investigative costs may be assessed against any violator. Each day that the development described in this Notice is continued or repeated may constitute a separate RECEIVED 127 Cardinal Drive Ext., Wilmington, North Carolina 284OM845 MAR 0 5 79" Phone: (910)796-72151FAx: 910-39"96411ntemet www.ncooastaimanagement.net An Equal Opportunity 1 Affirmative Action Employer — 50% Recycled 110% Post Consumer Paper DCM-MMD CM Mr. Jeff Simmons March 3, 2015 Page 2 of 2 violation that is subject to an additional assessment of $10,000. An injunction or criminal penalty may also be sought to enforce any violation in accordance with N.C.G.S.113A-126. It is the policy of the Coastal Resources Commission to assess a civil penalty plus investigative costs against all violations. This is done to recoup some of the costs of investigating the violation and/or to compensate the public for any damage to its natural resources. The amount assessed will depend upon 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 @ling 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. 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. Pending further review of this matter, a determination will be made and you will be notified if restoration of the impacted coastal resources is necessary. 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. Thank you for your time and cooperation in resolving this important matter. If you have any questions, please call me at (910) 796-7215. Sely, te` Tara MacPherson Coastal Management Representative Cc: Debra Wilson, District Manager, DCM Roy Brownlow, Compliance Coordinator, DCM Tyler Crumbley, USACE Reggie Hucks, Brunswick County Albert Hughes, Town of Shallotte Kevin Richard, Agent RECEIVED MAR 0 5 2015 Rem-,Mma eny 127 Cardinal Drive Ext., Wilmington, North Carolina 28405-3845 Phone: (910) 796-72151 FAX: 910-395-39641Internet: www.nowastalmanagement.net An Equal Opportunity 1 Affirmative Action Employer - 50% Recycled 110% Post Consumer Paper p'J DCM ENFORCEMENT TRACKING REPORT t1 1 IssuerViolation Case No. aid Rep. U omplianc Permit No. LPO (if applicable) LPJ psw, (L-� r� Violation' DeSCrlpt'on Was activity permittable? Y / No Discovery Date 1 2— Discovery Method Violation Description qt RespondentName(s) Phone Violation Type: o Permit l..J Permit Condition Expired Permit Inconsistent w/ Rules Fi Fax City Project Type: Authorizations Required: Site Visits Respondent Present Q Private/Community ajor CAMA Govt./Public Minor D&F Commercial Q General Tier Level: I II III Violation Location and Site Description Project Location: County �ti'�,V�1f - Street Agdress/ State Road/ Lot #(s) Subdivision City t .ZIP.:. . ^v- Phone #{`a. Riv rBasin Adj. Whir. Body at /m n /unkn Closest Maj. Wtr. Body A � V' NOV Date CNOV Date Penalty Assessment Sent to Respondent Date Rcvd. by Dist. Mgr. Date Assessment Extended Yes No Initial Req. Comp. Date Comp. Observed Lat/Long 'Contractor) l `�/j Zip. ./�iJ J 1 Site Visits Respondent Present 05 7015 Shoreline Length p' io-w4tlw ✓•M" SAV: Not Sure Yes Sandbags: Not Sure Yes No PNA: Yes No Adjacent ORW: Yes No Adjacent Cdt Hab. Yes No Photos Yes N 1 " Waiver Required Yes No---./^ InONO -Buffer Area Yes /No ) may/ Specify DWQ Buffer if applicable: Extension Granted Yes No Restoration Letter Acceptance Date 7J.0409 Ref. Recomm. Assess. DCM Assess. ;$ $ Total Formal Assessments, Appeals and Reductions Date Long Form Submitted Assessment Appealed: Yes No Date Formal CPA Submitted Penalty modified Final Assessment. $. Date Attorney General's Office for Injunction or Formal Collection Date sent to AG '0 Respondent not responsive to penalty/NOV 0 Injunction to complete restoration Date Collection Letter Sent Date Demand Letter Sent Violation Activities and Impacts AECs Aff�e�^g�), ( u� � P � PTS EA HHF IH UBA N/A PWS: FC: Other Restoration Required by the Respondent Yes / No uimensions in excess of permit/ unauthorized activities NOTES: Closing Wetlandslmpacte as SA DS CJ SY SS SC SP IF Dimensions to restore I Final dimensions allowed Payment Received $ Date Date Case Closed If yes, which types: JR LS TY BF 404 Actually restored *WA-fA,RM!•ft* NAME:�� Case NO: CASE NOTES DATE TIME NOTES Oro,�l- -w V QLLV REGENED MAR 0 b 1015 (�kk'NNPM k�Hi I