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Home My WebLink About14-12D SimmonsNCDENR North Carolina Department of Environment and Natural Resources Pat McCrory Governor CERTIFIED MAIL #7011 0110 0000 3789 2532 RETURN RECEIPT REQUESTED October 9, 2014 Jeff Simmons P.O. Box 7 Shallotte, NC 28470 RE: STOP WORK ORDER AND NOTICE OF FAILURE TO APPLY FOR CAMA PERMIT CASE #14-12D Dear Mr. Simmons: John E. Skvada, III Secretary This letter confirms that on September 23, 2014, 1 was onsite at your property located at 4812 Main Street adjacent to the Shallotte River located in the Town of Shallotte, Brunswick County, North Carolina. The purpose of the visit was to investigate unauthorized development of a roof covered porch, which is an addition to an existing structure within the Public Trust Shoreline Area of Environmental Concern. This letter also confirms our March 14, 2014 and August 21, 2014 onsite meetings. Information gathered by me shows that you are undertaking minor development and no CAMA Minor Development Permit is issued for this development activity. No person may undertake minor development in a designated Area of Environmental Concern without first obtaining a permit from the North Carolina Department of -Environment and Natural Resources, North Carolina General Statutes (N.C.G.S.) 113A-1 18, I have information that you are undertaking, or are legally responsible for, minor development by constructing a roof covered porch, approximately 250 square feet, on the aforementioned property. This activity is taking place in the Public Trust Shoreline AEC that is contiguous with the Shallotte River. Public Trust Shoreline areas are designated as Area(s) of Environmental Concern (AEC). You are hereby requested to STOP WORK IMMEDIATELY and file the necessary application with this office for a CAMA Minor Development Permit by November 15, 2014. NO WORK MAY PROCEED UNTIL THE PERMIT IS ISSUED. If you comply voluntarily, no further action will be necessary beyond the issuance of a permit. RECEIVED OCT 15 7014 127 Cardinal Drive Ext., Wilmington, North Carolina 28405-3845 Phone: (910) 796-72151 FAX: 910-395-39641 Internet: www.nocoastaimanagement.net DCM-MHD aly An Equal Opportunity 1 Affirmative Action Employer— 50% Recycled 110% Post Consumer Paper Jeff Simmons October 9, 2014 Page 2 Failure to file an application or continuation of work after receipt of this Notice may constitute a violation of the Act and you may be subject to civil and/or criminal penalties as provided by North Carolina General Statute (NCGS) 113A-126. 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 $10,000. An injunction or criminal penalty may also be sought to enforce any violation in accordance with NCGS 113A- 126. In this case, there will be no assessment levied against you. However, if you continue to violate the Coastal Area Management Act, you should consider yourself forewarned and expect a civil penalty to be levied against you consistent with the North Carolina Administrative Code, Title 15A, Subchapter 7J, Section .0409, as adopted by the Coastal Resources Commission. Thank you for your time and cooperation in resolving this important matter. 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 STOP WORK ORDER has been complied with. I have enclosed a copy of the relevant permit application packet and I request that you contact me immediately. Sparely, Holley SnVer Coastal Management Representative Cc: Debra Wilson, District Manager, DCM Tara MacPherson, District Compliance and Enforcement Representative, DCM Robert Lewis, Planning Director, Town of Shallotte Reggie Hucks, Building Inspector, Brunswick County Kevin Richard, Finds Restaurant, 2120 Sea Mountain Hwy #1100, N. Myrtle Beach, SC 29582 Enclosures Tier 1 RECEIVED OCT 15 ?M4 DCM-MHD CIIV DCM ENFORCEMENT TRACKING REPORT 1 1 Field Rep.' r � Violation Base No. 1 _ 1 Z LPO 1:1 A B C D Violated Permit No. (if applicable) Violation Descript on Was activity permittable? Yes / No Initial Discovery Date r Z� I4 Discovery Method V j/ _�L-yt ' fi'?L L e iM[ I ttl Violation Description �t4 pm,y 5VYVty 01l �1LIS� In S�YV7�tVYG Respondent Informati n � pp Prior Violations in same AEC: Yes / No Case Number -01 Respondent Name(s) �e 1 t— S�(Yl1 h16� Q 1 A' andowne /Agent/Contractor) Address U: D City 4'C' State Ni Zip Phone # to ---Fax # Email 0 R Violation Type: Project Type: Authorizations Required: Site Visits Respondent Site Visits Respondent XNo Permit Private/Community Major CAMA Present Present Permit Condition ❑ Govt./Public X Minor ❑ D&F 3 ILf ❑ u Expired Permit - Commercial El General Z ❑ ❑ Inconsistent w/ Rules ❑ ❑ Violation Location and Site Description Rover File Project Location: County YA(U-nSK1 ok Shoreline Length Street Address/ State�R/ lad/ Lot # SAM Not Sure Yes No 2 ! v 1(I .� Sandbags: Not Sure Y s No Subdivis' n PNA: vas No Adjacent ORW: Yes � Adjacent City ��jj�,�� Zip j�',`� CritHab. Yes N RECEIVED Phone # Q) gib AA�eeD 4olz,i/vveeJr Basin L fVVW Photos Yes Adj. W(n%_a tr. Body Q�Y314f l�.l t Aman /unkn) Waiver Required Yes OCT ? 6 �IIl4 Closest Maj. Wtr. Body �{,�/l�/L} In DWQ Buffer Area Yes N DCM-MHDCOV Specify DWQ Buffer if applicable: - Restoration �Q imtF b i 15 ,y Extension Granted Yes No NOV Date Z Initial Req. Comp. Da� 'T-I Restoration Letter CNOV Date Date Comp. Observed Acceptance Date Penalty Assessment Sent to Respondent Date Rcvd. by Dist. Mgr. Date Assessment Extended Yes App./Permit Fee Penalty No Willful/Intent. Continuing Other 7J.0409 Ref. Recomm. Assess. DCM Assess. S S S S S S S S S S Total Formal Assessments, Appeals and Reductions Date Long Form Submitted Assessment Appealed Yes No Date Formal CPA Submitted Penalty modified Final Assessment S ------ Date Attorney General's Office for Injunction or Formal Collection Date sent to AG _ Respondant not responsive to penalty/NOV C Injunction to complete restoration Date Collection Let. Sent Date Demand Let. Sent Violation Activities and Impacts AECs Affected: Wetlands Impacted? Yes / No CW EW PTA ES PTS OEA HHF IH SA DS CI SY IR S$ SC SP IF BF PWS FC: Other: Restoration Required by the Respondent Yes / No Dimensions in excess Dimensions to restore Final dimensions of permit/ unauthorized activities allowed If yes, which types: TY 4 04 Actually restored Development Activities Habitat Description NOTES: RECEIVED OCT 5 1014 ..� DCM-MHD C iY Closing Payment Received__ _ _ Date_ Date Case Closed NAME: CASE NO.: CASE NOTES Him IMP VR -I. / u �Ll ■ 21 VA'0 WX r Ulm VNI l�ll „, -�d_♦ •% ITS; `b ► ♦ i� i. TER RE 00AM -t d. �J OCT 15 2014 DCM-MHD CITY Snider, Holley From: Snider, Holley Sent: Monday, September 29, 2014 4:53 PM To: fribble3000@aol.com Cc: 'garygur@gmail.com' Subject: FW: Main Street, Shallotte Attachments: 4812 Main St, Shallotte-Simmons.pdf Good Afternoon Gentlemen, I have reviewed the attached survey and have concerns about the location of the porch and the roof overhang in relation to the 30 Coastal Shoreline Area of Environmental Concern. The roof overhang will need to be located on the survey. I would also recommend comparing this survey to the survey done prior to the improvements to the building. Any portion of the structure that was located in the Coastal Shoreline AEC can be replaced within its existing footprint i.e. the corner of the building located nearest the property boundary. Please note all new development (roof overhang) will need to be located landward of the Coastal Shoreline AEC. I will be happy to review the survey information as soon as you have it available. Please feel free to call or email me if you have any questions or I can be of assistance to you in any way. Sincerely, Holley Snider Field Representative NC Department of Environment & Natural Resources NC Division of Coastal Management 127 Cardinal Drive Extension Wilmington, NC 28405 Phone: (910) 796-7215, Fax: (910) 395-3964 E-mail correspondence to and from this address may be subject to the North Carolina Public Records Law and may be disclosed to third parties. Be Green - Don't print this e-mail unless required. From: Gary Gurganus [mailto:garvourCa gmail.coml Sent: Monday, September 29, 2014 3:34 PM To: Snider, Holley Subject: Main Street, Shallotte RECEIVED OCT 15 2014 DCM-MHD COY AAW sf. si mmoil Q PRELIMINA NOT FOR RECORDING 0 0 81 24 E 47.7j• S 63 2� S 442 g„ F 4 �G ASPHAMI TLM INVESTMENTS, LLC c (REPUTED OWNER) DEED BOOK 2769-1115 MAP CABINET V, PAGE 239 911 APPROXIMATE CENTERLINE OF SHALLOTTE RIVER S 83.53'22" E 67.72, SHALL077E RIVER ASPHALT PCB TOP 8.1' tNV 5.6' EXISTING BUILDING UWNtK) D.6.2769-1115 u' M S EX NBu PUNCH HOL IN CONCRET G 4 EXISTING BULKHEAD SIG R ALM �� R G i sj J,' E �4 RIDGE R s MH' PRELIMINAR ABDTME 00 NOT FOR RECORDING OR CONVEYANCE g g 'o 7zy j ME DCM ENFORCEMENT TRACKING REPORT Alt ' I uer RECEIVED Violation Base No. i ILI 4 Field Rep. DEC 0 3 2014 A B C D 1O LPO (J , Violadc(ff "� j/-j+�� Y,• t Lpj�f,�A1 Y\ ( t A y trf appllcabie) /IBl�yq'IDR�tlty' Violation Description Was activity permittable? Yes / No Initial Discovery Date Violation Description Respondent Name(s) Address . 9, o: Phone Email - Violation Type: No Permit ❑ Permit Condition ❑ Expired Permit ❑ Inconsistent wl Rules Discovery Method Violations in same AEC: Yes / No City State NC- ZipZ O Fax # Project Type: Authorizations Required: Site Visits Respondent Present Private/Community Govt./Public ❑ Major Minor CAMA ❑ D&F 31 12 0 Commercial ❑ General ❑ Site Visits Respondent Present Violation Location and Site Description Rover File Project Location: County FY Ui�shi) (J�C Length L— _ Shoreline Street Address/ State� R/d/ Lot # SAV: Notsure Yes No Sandbags: Not Sure Yes No Subdivis' n pNA; Yes No Adjacent ORW. Yes Adjacent ZIP �(�j�—�T `�T�.V,' City Q(� �� Phone # ("I lV) l'—a" e t'I iver Basin 1 ��1�6"`�' Crit. Hab. Yes Photos Y� Adj. Wtr. Bodyz 1 a ip s "-+�� ( an /unknl Waiver Required Yes A ,`��} In DWQ Buffer Area Yes N Closest Maj. Wtr. Body & - Specify DWQ Buffer if applicable: RestorationQ. rlt% b. Extension Granted Yes No NOV Date CNOV Date Penalty Assessment Sent to Respondent Date Rcvd. by Dist. Mgr. Date Assessment Extended Yes Initial Req..Comp. Datg I �S Restoration Letter Date Comp. Observed Acceptance Date App./Permit Fee Penalty No Willful/Intent. Continuing Other 7J.0409 Ref. Recomm. Assess. DCM Assess. S S e— r4' NqJ U �� W RECEIVED Formal Assessments, Appeals and Reductions DEC 0 $ 2014 Date Long Form Submitted PPh1eryntAppealed Yes No Date Formal CPA Submitted Final Assessment $ -Date-- Li Penalty modified _ Attorney General's Office for Injunction or Formal Collection Date sent to AG ❑I Respondant not responsive to penalty/NOV ❑ Injunction to complete restoration Date Collection Let. Sent Date Demand Let. Sent Violation Activities and Impacts AECs Affected: CW EW PTA ES PTS OEA HHF IH PWS: FC: Other: Restoration Required by the Respondent Yes / No Wetlands Impacted? Yes / No SA IDS Cl SY 1R SS SC SP IF BF If yes, which types: LS TY 404 Dimensions in excess of permit/ unauthorized activities Dimensions to restore Final dimensions allowed Actually restored Development Activities Habitat Description Closing Payment Received $_._ nate _ .._._. Date Case Closed