05-46D Healing Water Company

FILE MEMGP.ANDUM
TO: ROY BROWNLO!P/, COMPLIANCE CO'ORDI;MATOR
FROM; M. TED TYNDALL, ASST. DIRECTOR
SUBJECT: VIOLATION CASE CLOSURE RECOMMENDATIONS
DATE: 02/01/2012
CC: RONDA SENNETT
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.: o -5_ q-D
M. TED TYNDALL, Assistant Director
02101/2012
Date

Healing Water Company
%McKee Pigott
3941 Halifax Road
Wilmington, NC 28403
Brunswick County Planning Department
P.O. Box 249
75 Courthouse Drive N.B., Bldg I
Bolivia, NC 28422
25-Aug-05
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AUG 2 9 2005
lorehead City DCM
RE: RESTORATION ACCEPTANCE - CAMA VIOLATION 405-46D
Dear Mr. Pigott:
This letter is in reference to the Notice of Violation # 05-46D sent to you dated 18-Jul-05 for the
grading and fill dirt within the Estuarine Shoreline in or near the Shallotte River. The violation took
place on your property located at 4130 Daught Road SW off of Village Point Road (SR 1145) in or
near Shallotte in Brunswick County, North Carolina. This unauthorized activity constituted
development and you were requested to install a silt fence along the edge of the property lines,
specifically, 1765 Village Point Road SW and 4012 Daught Road SW. In accordance with the North
Carolina Administrative Code, Title 15A, Subchapter 7J.0410, any violation involving development
which is inconsistent with guidelines for development with Areas of Environmental Concern (AEC)
must be corrected by restoring the project site to pre -development conditions to recover lost
resources or to prevent further resource damage.
I conducted a site visit at the aforementioned property on 25-Aug-05 to inspect the restoration of
the unauthorized activity addressed in the Notice of Violation 05-46D. Based on this inspection, it
has been determined that the restoration appears to have been accomplished to the satisfaction of
this Division. Upon my submission of an enforcement report, you will be notified as to the amount
of the civil penalty for undertaking this unauthorized activity within an Area of Environmental
concern.
Thank you for your attention and cooperation in this matter. If you have any questions pertaining to
this matter, please feel free to call me at 910.253.2034.
Since M
Connie Marlowe
Local Permit Officer
Cc: Gale Stenberg, Minor Permit Coordinator, DCM
Jim Gregson, District Manager, DCM V
Roy Brownlow, Compliance Coordinator, DCM nrft
TELEPHONE [phone] • [phone] • FAX [phone]

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Brunswick Count Planning Department
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75 Courthouse Drive N.E. Bldg I
Bolivia, NC 28422
18-Jul-05
Healing Water Company
%McKee Pigott
3941 Halifax Road
Wilmington NC 28403
NOTICE OF VIOLATION
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JUL 2 0 2005
Morehead C;
RE: NOTICE OF VIOLATION AND REQUEST TO CEASE UNAUTHORIZED
DEVELOPMENT CAMA MINOR VIOLATION
Dear Mr. Pigott:
This letter confirms that on 15-Jul-05, Connie Marlowe (CAMA Local Permit Officer) was
onsite at your property located at 4139 Daught Road SW, adjacent to the Shallotte River
located off SR 1145, in or near Shallotte, Brunswick County, North Carolina. The purpose of
the visit was to investigate unauthorized development of land disturbing activity [specifically,
grading and fill dirt] within the Shallotte River.
Information gathered by me shows that you have undertaken minor development in violation
of the Coastal Area Management Act. 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-118.
I have information that you have undertaken, or are legally responsible for, minor
development by grading and placing fill dirt on the aforementioned property. This activity
took place in the estuarine shoreline that is contiguous with the Shallotte River. The
Estuarine Shoreline areas are designated as Areas of Environmental Concern (AEC). No
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.
I request that you IMMEDIATELY CEASE AND DESIST any further development and
contact me about this important matter. A civil assessment of up to $250 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
$250. 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 minimum civil penalty of
Fifty Dollars ($50.00) against all violations of this type. This is done to recoup some of the
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costs of investigating the violation and/or to compensate the public for any damage to its
natural resources. Whether a higher amount will be assessed will depend on several factors,
including the nature and area of the resources affected and the extent of the damage to them.
If restoration of the affected resources is requested, but is not undertaken or completed
satisfactorily, a substantially higher civil penalty will be assessed and a court injunction will
be sought ordering restoration.
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
immediate 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. 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).
S' cerely,
0, 6c t!
Connie Marlowe
Local Permit Officer
Cc: Gale Stenberg, LPO Coordinator, DCM
Jim Gregson, District Manager, DCM
Roy Brownlow, Compliance Coordinator, DCM
Certified Return Receipt #7001 1940 0007 0428 4946
TELEPHONE [phone] • [phone] • FAX [phone]

RESTORATION PLAN
Healing Water Company (%McKee Pigott)
4139 Daught Road SW, Brunswick County
Based upon the North Carolina Administrative Code, Title 15A, Subchapter 07H. State
Guidelines for Areas of Environmental Concern, the activity you have undertaken,
grading and placement of fill dirt in the Estuarine Shoreline AEC(s), is not consistent
with Section 15A NCAC 07J.201, which requires every person wishing to undertake any
development in an area of environmental concern to obtain a minor development permit
from the local permit officer unless such development is exempted by the Commission.
Therefore, I am requesting the following: (1) install a silt fence along the edge of the
property lines, specifically, 1765 Village Point Road SW and 4102 Daught Road SW and
stabilize the area; and (2) secure the appropriate permits (i.e., Stormwater Permit) from
all County Departments.
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 court injunction being sought ordering compliance.
I, , agree to install a silt fence along the edge of the
property lines, specifically, 1765 Village Point Road SW and 4102 Daught Road SW and
stabilize the area; and (2) secure the appropriate permits (i.e., Stormwater Permit) from
all County Departments.
I agree to complete this restoration to the satisfaction of the Division of Coastal
Management by 29-Jul-05, 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 $50.00 and higher against all
violations of this type 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.