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Home My WebLink About05-58D SmithFILE 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.: M. TED TYNDALL. Assistant Director 02/01/2012 Date Ann S. Hines Chief Zoning Enforcement Official NEW HANOVER COUNTY INSPECTION SERVICES 230 Market Place Drive, Suite 110 WILMINGTON, NORTH CAROLINA 28403 TELEPHONE (910) 798-7118 FAX: (910) 798-7060 CERTIFIED MAIL RETURN RECEIPT REQUESTED Mr. and Mrs. Charles W. Smith III 6452 Quail Run Wilmington, NC 28409 October 19, 2005 NOTICE OF VIOLATION RE: NOTICE OF VIOLATION AND REQUEST TO CEASE UNAUTHORIZED DEVELOPMENT CAMA MINOR VIOLATION 292 Beach Road North -tr- QS 5pb Dear Mr. and Mrs. Smith: This letter confirms that on October 19, 2005, Linda Painter, CAMA Local Permit Officer, were onsite at your property located at 292 Beach Road North, Figure Eight, adjacent to the Atlantic Ocean, located in Wilmington, New Hanover County, North Carolina. The purpose of the visit was to investigate the placement of sand fencing along the beach without a permit within the Ocean Hazard AEC. Information gathered by the Local Permit Officer, shows that you have undertaken minor development and no Minor Development Permit has been 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 Environmental and Natural Resources, North Carolina General Statutes (N.C.G.S.) I I3A-118. I have information that you have undertaken, or are legally responsible for minor development by placing sand fencing parallel to the oceanfront and in the wet sand area, on the aforementioned property. This activity took place within the Ocean Hazard AEC that is contiguous with the Atlantic Ocean. I request that you IMMEDIATELY CEASE AND DESIST any further development and contact me about this important matter. A civil assessment of up to $250.00 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 $250.00. 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 penalty of Fifty Dollars ($50.00) against all violations ofthis type. 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. Whether a higher amount will be assessed will depend on several factors, including the nature and area of the resources affected and the extent ofthe damage to them. If restoration of the affected resources is requested, but not undertaken or completed satisfactorily, a substantially higher civil penalty will be assessed and a court injunction will be sought ordering restoration t /1/j ' NU {" ti,ULtA `6 I Mr. and Mrs. Charles Smith -2- October 19, 2005 Based upon the North Carolina Administrative Code, Title 15A, Subchapter 0711 Stat Guidelines for Areas of Environmental Concern, the activity you have undertaken placing sand fencing Parallel to the beach and in the wet sand area in the Ocean Hazard AEC is not consistent with Section 15A NCAC 07H.0311(c ) &(e) which states Sand fencing shall not be installed in a manner that impedes, traps or otherwise endangers sea turtles, sea turtle nests or sea turtle hatchlings.... And sand fencing shall not be placed on the wet sand beach area. Therefore, I am requesting that a permit be obtained for allowable fencing, and all fencing placed parallel to the oceanfront and in the wet sand area be removed. Please refer to the enclosed Restoration Agreement. 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 with ten (10) days of receipt ofthis 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. 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 as (910) 798-7118. 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 fast obtaining the proper permit(s). 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 request that you contact me immediately about these important matters. Since ly, . 'do- �: Linda E. Painter LAMA Local Permit Officer Enclosure cc: Ed Brooks, Minor Permit Coordinator, DCM Jim Gregson, District Manager, DCM Roy Brownlow, Compliance Coordinator, DCM Ann S. Hines, Chief Zoning Enforcement Official 03-Nov-05 NC DIVISION OF COASTAL MANAGEMENT ENFORCEMENT RECORD CASE NUMBER LAST NAME FIRST NAME BUSINESS NAME: 05-58D SMITH, III CHARLES !) CASE IS CLOSED Previous Violations in Same ❑ AEC for Similar Activities NOV DATE CLOSURE DATE Elapsed Days AFFLILIATION SECTOR 10/19/2005 F— PROPERTY OWNER PRIVATE MAILING ADDRESS CITY STATE ZIP CODE PHONE NUMBER 6452 QUAIL RUN WILMINGTON NC 26409- F— PROPERTY ADDRESS COMMUNITY WATERBODY NEAREST ROAD 292 BEACH ROAD NORTH IFIGURE EIGHT 1ATLANTIC OCEAN I — DISTRICT OFFICE COUNTY DCM REPRESENTATIVE LPO CONTACT WIRO 1L. PAINTER VIOLATION TYPE ❑ CW ] EW �_] PTA [] ES �. ] PTS MINOR CAMA [] OEA [] HHFA ❑ IHA ❑ PWS L.I NCRA NATURE OF VIOLATION AEC DESCRIPTION thodzed minor development by placing sand fencing parallel to in the OH AEC adjacent to the Atlantic Ocean. & RESTORATION REQUEST DATE COMPLETION DATE ❑�1 11/19/2005 1 ❑ RESTORATION NOT REQUIRED - CONTRACTOR - RESTORATION EXTENDED RESTORE DATE ❑ RESTORATION NOT REQUIRED - PERMITTABLE DEVELOPMENT DEADLINE EXTENDED ❑ RESTORATION NOT REQUIRED - FURTHER IMPACTS I_J REFERRED TO AG'S OFFICE - INJUNCTION ❑ RESTORATION PENDING INJUNCTION DATE: F_ ❑ REFERRED TO AG'S OFFICE - COLLECTION COLLECTION REQUEST DATE: F— ASSESSMENT DATE PENALTY AMOUNT COLLECTION DATE AMOUNT COLLECTED ❑ PENALTY ISSUED I [I WILLFUL &INTENTIONAL PE IN. ORDOUBLED) ❑ PENALTY NOT ISSUED ❑ CNOV ISSUED CNOV DATE ❑ CONRACTOR'S FIRST OFFENSE ❑ PENALTY APPEALED APPEAL DATE ❑ r FORMAL CPA ISSUED I FORMAL CPA DATE I SETTLED. AGREED UPON. STIPULATED PENALTY SETTLEMENT DATE ❑ UNCOLLECTIBLE PENALTY F—UNCOLLECTIBLE DETERMINATION DATE Violations Involving Adversely Impacted Resources AMOUNT OF ADVERSELY DISTURBED AREA (SO. FT.) AMOUNT OF RESTORED AREA (SQ. FT) NOTES -,'JIAV -,j,, 9v.+'� .90 9"'. -'P; Jln 3, A:: .- ...__...,.___.,.....___.. ...._... _..� .._.__._,_._.. — _ ...,. _..____ WC01 ATI1On ,'f1 E I 1 i "iI - ,"... Ih? KUI: n j, 57T-^F, 91Tv1�.� _".,. :'.' V10' "-9yT8:"R r1 LlNi G ]VIC _. iS1,l i du v4.o � i -t. 1C]J1 ,hbi a'1,J-i n-'.•-!i!h.-7>d iJi/1 Sio: 8, 101 TAAC1' J_i Jb T :1 i CI,*' dU: C. "': iAi` L"i 71J' :I'P':'1 :7'J:Jd )v VT.. MAE', SA•; J%,Jogq—___..__._._ u3: p}qn-, 'l, .k:.t?0' AE, i1 "1 f['I1 I .', IO;.IiG,. Y, 3TA' WSW _....__+ 1lUr 3, Aq:)_IAWI•nC.a E � 11 1 i. !i} '3S,1 ,."JE?I'.i%.Q i..'? R:'JA-?0 Ir{, _'C}, I