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Home My WebLink About17-23D Hardinm Coastal Management ENVIRONMENTAL QUALITY October 16, 2017 Melissa Hardin 136 Inlet Point Drive Wilmington, NC 28409 ROY COOPER Govemor MICHAEL S. REGAN Sernetary BRAXTON DAVIS Dimtor RE: Closure Letter Payment of Proposed Penalty for Violations of the Coastal Area Management Act, Committed in New Hanover County CAMA Violation #17-23D Dear Ms. Hardin: This letter will acknowledge receipt of your check # 1195, in the amount of $432.00 for the Notice of Violation dated September 8, 2017 issued by Courtney Spears, representative for the Division of Coastal Management, for the unauthorized replacement of a floating platform at 136 Inlet Point Drive, in, New Hanover County, North Carolina. Once the amount is credited to the account of the Department of Environmental quality, this matter will be fully and completely closed. Thank you for your cooperation in resolving this violation. If you have any further questions concerning this matter, please contact me at the Wilmington Regional Office, (910) 796-7215. Sincerely, Debra D. Wilson District Manager sks/dw cc: Roy Brownlow, Compliance Coordinator Courtney Spears, Coastal Management Representative, DCM Darrell Galloway, LPO RECEIVED OCT 19 2017 DCM- MHD CITY State of North Carolina I Environmental Quality I Coastal Management 127 Cardinal Drive Ext., Wilmington, NC 28405 910-796-7215 CAMA VIOLATION #17.23D Melissa Hardin AGREEMENT TO PAY PROPOSED CIVIL ASSESSMENT I understand that the staff of the Department of Environmental Quality will propose the assessment of a civil penalty in the amount of $432 against me for violation of the Coastal Area Management Act, NCGS 113A- 100 et sec , committed on or near property located at 136 Inlet Point Drive in New Hanover 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 letier dated September 0, 2017, and agree to pay the proposed civil assessment of $432. ATE V r3� IorGz7r tl !)/L- ADDRESS k'l K AJC aXgU i TELEPHONE NUMBER OCT 19 2017 DCM- WID CITY RECEIVED DCM WILMiNGTON, NC State of North Carolina I Environmental Quality: Coastal Management p �'7 Washington Office 1943 Washington Square Mali I Washington. North Carolina 27884 OCT J .�0 252 946 6481 V\� ` DCM ENFORCEMENT TRACKING REPORT A0 ' \\ / 22 x Feld Rep. V S 4�s Isgyer Violatjon Case No. \� Corrpbance Rep. I 6til Permt No. LPO L A VI��i1 O QUA El('rfapplicable) Was activity Initial Discovery Date Violation Description Respondent Information Prior CAMA or D/F Violations: Yes i No rrior lase w. Respondent��Name(s) Aa 0 Ha Yk In andown Agent/Contractor) Address �^�l IylWl pll{L� City 11 State C> ZIP Phone # Fax #/Email Corporate Name & Registered agent Violation Type: Project Type: Authorizations Required: Site Visits Respondent Site Visits Respondent Present NoFermt N Rvate/Communty 1] Major CAMP Resent y _ „r.i�LUG� (� /—� f� G Permit Condition Govt/Public Minor D&F ❑ ❑ �i B(pired ParnA Q; Commercial General El Inconsistentw/Rules Tier Level• 1 II III Violation Location and Site Description Project Location: County N4 w Rm wer Street Address/ State Road/ Lot #(s) 122,14 1 j�'4.'�V Subdivision city W Phone # ( Adj. Mr. Body ClosestW. Mr. Body NOV Date CNOV Date ZIP River Basin Penalty Assessment Sent to Respondent Date Rcvd. by Dist. Mgr. Date Assessment Extended Yes RECEIVED Initial Req. Cone. Date Date Comp. Observed Lat/Long Shoreline Length SAV: Not Sure Yes Sandbags Not Sure Yes �o PNA; & No Adjacent ORW. Yes 6) Adjacent Crit. Nab. Yes No Photos 62 NNoo'� VVaiverRequired Yes M9� In DWQ BufferArea Yes C�jrr') Spedfy DVN] Buffer if applicable!_ Extension Granted Yes No Restoration Letter Acceptance Date 7J.0409 Pef. Recomm. Assess. DCM Assess. App./Permit Fee $ v $ Penalty $ $ WilfuVlntent $ $ Continuing $ $ investigative $ a $ OCT 1.9 2011 DCM— MHD CITY Formal Assessments, Appeals and Reductions Date Long Form Submitted AssessmentAppealed: Yes No Date Formal CPA Submitted ❑ Penalty modgied Final Assessment $ Date Attorney General's Office for Injunction or Formal Collection Date sentto AG [[ Respondent not responsive to penalty/NOV Injunction to complete restoration Date Collection Letter Sent Date Demand Letter Sent Violation Activities and Impacts AECs Affected- Wetlands Impacted? Yes® ff yes, which types: OW T ES PTS OEA fFSA DS CJ SY JR LS TY OEA F � UBA WA PM: FC: SS SC SP IF BF 404 Other. Restoration Required by the Respondent Yes vI �g71 DECEIVED OCT Closing %) \ Payment Received $ Date L pate Case Closed /v Coastal Management ENVIRONMENTAL QUALITY NOTICE OF VIOLATION September 8, 2017 CERTIFIED MAIL 7014 2120 0000 8055 4669 RETURN RECEIPT REQUESTED Melissa Hardin 136 Inlet Point Drive Wilmington, NC 28409 ROY COOPER Governor MICHAEL S. REGAN Secretary BRAXTON C. DAVIS Director RE: NOTICE OF VIOLATION AND REQUEST TO CEASE UNAUTHORIZED DEVELOPMENT CAMA VIOLATION #17.23D Dear Ms. Hardin: This letter confirms that on September 7, 2017, Daniel Shirley with Overbeck Marine Construction, LLC and I were onsite at your property located at 136 Inlet Point Drive adjacent to Inlet Point Basin adjacent to the AIWW and Myrtle Grove Sound located in or near Wilmington, New Hanover County, North Carolina. The purpose of the visit was to investigate unauthorized development including replacement of a 60' by 5.5' floating platform within Inlet Point Basin adjacent to the AIWW and Myrtle Grove Sound. This letter also confirms my August 7th phone call regarding this matter with Mr. Shirley. 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 Environmental Quality. 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 replacement of a 60' by 5.5' floating platform (306 ft.z) on the aforementioned property. This activity took place in Estuarine Water and Public Trust Areas that are contiguous with the Myrtle Grove Sound. This area of Myrtle Grove Sound is also classified as Outstanding Resource Water (ORW) by the Environmental Management Commission (EMC). Estuarine Water and Public Trust areas are designated as Areas of Environmental Concern (AEC). No CAMA permit was issued to you for work in these areas. Based on these findings, I am initiating an enforcement action by issuing this Notice of Violation for violation of the Coastal Area Management Act. 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 SEP 13 2017 State of North Carolina I Environmental Quality I Coastal Management DC M- M H D CITY Wilmington Office 1 127 Cardinal Drive Extension I Wilmington, North Carolina 28405 910 796 7215 M1� Melissa Hardin September 8, 2017 Page Two 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. Based upon review of the Coastal Area Management Act, Coastal Resource Commission's rules, and the local jurisdiction's Land Use Plan, the activity you have undertaken appears consistent with the guidelines for Areas of Environmental Concern. Therefore, restoration of the impacted area is not requested at this time. 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. If you have any questions about this or related matters, please call me at (910) 796-7423. Upon my submission of an enforcement report to the District Manager, you will be notified as to the amount of a civil assessment for undertaking development without first obtaining the proper permit(s). Coastal Management Representative Cc: Debra Wilson, District Manager, DCM Roy Brownlow, Compliance Coordinator, DCM Darrell Galloway, LPO Chad Coburn, DWR Tyler Crumbley, USACE State of North Carolina I Environmental Quality I Coastal Management Wilmington Office 1 127 Cardinal Drive Extension I Wilmington. North Carolina 28405 W UJ.a 0 1Z w LU cn 9107%7215 A DCM ENFORCEMENT TRACKING REPORT (it)ltirh Sep {�S per f -Z3 D � Field Rep. Violation Case No. Compliance Rep. lam Aw Fh Kbvi 0 LPO 'fin YYti/t,t MLUOUJZA, El (if No. �— (if applicable) hi%LPJ Violation Description Was activity oermittable No Initial Discovery Date Violation Description RespondentName(s) MutNSA t1il�/ttV\ ana cow nen.ygenvwmrauur/ Address f Iblt rot �'tf' Cty / 1Lt I staState� Ls Zip Phone # Fax #/Email Corporate Name & Registered agent Violation Type: Project Type: Authorizations Required: Site Visits Respondent Site Visits Respondent lNo Permit Private/Community Q Major CAW Resent Jx1t JL"V1 Present Fermi Condition Govt/Public MinorIN D&F 0' Expired Permit ; Commercial General Q Inconsistentw/Rules TierLevel: I II III El Violation Location and Site Description `" Project Location: County !mow Ttj �'1.o% ey StreetAddress/State Road/ Lot #(a) L� , 3 O .DV . Subdivision L /� city W1 Ir i,, ql o ZIP 7 OL1 ( Phone #� River Basin a LAY Adj. Mr. Body S ` l /man /unim) ClosestMaj. VVtr. Body I I,VV NOV Date CNOV Date Penalty Assessment Sent to Respondent Date Rcvd. by Dist Mgr. Date Assessment Extended Yes No Initial Req. Comp. Date Date Comp. -Observed RECEIVED VMIIfuVlntent. Lat/Lon9 ��p17��4iY j 3� /33•94CI"td Shoral ine Length '} SAV: Not Sure Yes g? Sandbags Not Sure Yes Vo PNA: g, No Adjacent ORW.. Yes Adjacent Crit. Hap. Yes No Photos � No WaiverRequired Yes In DWQ BufferAma Yes Specify DVVQ Bufferif applicable: _ Extension Granted Yes No Restoration Letter Acceptance Date 7J.0409 Ref. Recomm. Assess. DCM Assess. Li $ $ $ $ $ a $ Total DCM- MHD Uj 1 Formal Assessments, Appeals and Reductions I . Date Long Form Submitted AssessmentAppealed:Yes No Date Formal CPA Submitted Penalty modified FnalAssessment$ Date Attorney General's Office for Injunction or Formal Collection Date sentto AG Respondent not responsive to penalty/NOV Injunction to complete restoration Date Collection Letter Sent Date Demand Letter Sent Violation ACtMtles and Impacts AECs Affected: Wetlands Impacted? Yes6o V yes, which types: CW T ES PTS 0EA F UBA WA SA DS CJ SY ALS TY PWS: FC; SS SC SP IF BF 404 Restoration Required by the Respondent Yes Zrsisq Closing Payment Received $ Date Date Case Closed I� SEP 1�- MVI1) CIT 1 Coastal Management ENVIRONMENTAL QUALITY September 26, 2017 CERTIFIED MAIL 7014 2120 0000 $055 4706 RETURN RECEIPT REQUESTED Melissa Hardin 136 Inlet Point Drive Wilmington, NC 28409 RE: CAMA VIOLATION #17-23D Dear Ms. Hardin: ROY COOPER Governor MICHAEL S. REGAN secretary BRAXTON C. DAVIS Director This letter is in reference to the Notice of Violation dated September 8, 2017 that Courtney Spears, representative for the Division of Coastal Management, issued to you for replacement of a 60' by 5.51 floating platform at 136 Inlet Point Drive, New Hanover County. The violation involved Estuarine Waters and Public Trust Area, which are Areas of Environmental Concern designated by the Coastal Resources Commission. The Coastal Area Management Act provides that a civil assessment of up to $10,000 plus investigative costs 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 Resources Commission, a proposed civil penalty in the amount of $432 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 $432 made payable to the North Carolina Department of Environmental Quality (NCDEQ); 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. 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 settlement of the penalty. RECEIVED SEP 2 9 2017 State of North Carolina I Environmental Quality I Coastal Management DCM- MHD CITY Wilmington Office 1127 Cardinal Drive Extension I Wilmington. North Carolina 28405 9107967215 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) 796-7215. Sincerely, Debra Wilson District Manager Enclosures cc: Roy Brownlow, Compliance Coordinator, DCM Courtney Spears, Coastal Management Representative, DCM Tyler Crumbley, USACE Chad Coburn, DWR Darrell Galloway, LPO State of North Carolina i Environmental Quality', Coastal Management Washington Office i 943 Washington Square Mall i Washington. North Carolina 27889 252 946 6481 CAMA VIOLATION #17.23D Melissa Hardin AGREEMENT TO PAY PROPOSED CIVIL ASSESSMENT I understand that the staff of the Department of Environmental Quality will propose the assessment of a civil penalty in the amount of $432 against me for violation of the Coastal Area Management Act, NCGS 113A- 100 et sea, committed on or near property located at 136 Inlet Point Drive in New Hanover 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 September 8, 2017, and agree to pay the proposed civil assessment of $432. DATE SIGNATURE ADDRESS TELEPHONE NUMBER RECEIVED SEP 2 9 2017 MHD CITY State of North Carolina I Environmental Quality l Coastal Management Washington Office 1 943 Washington Square Mall I Washington, North Carolina 27889 252 946 6481