98-37D Allen

Mate of North Carolina
Department of Environment
and Natural Resources
Wilmington Regional Office
Division of Coastal Management
James B. Hunt, Jr., Governor
Bill Holman, Secretary
Donna D. Moffitt, Director
December 10, 1999
Mr. Fred Allen
President, North Galleon Bay P.O. A.
P.O. Box 68
Sneads Ferry, North Carolina 28460
RE: CAMA Major Permit No. 119-97
Galleon Bay (Northern Canal Project)
Onslow County
Dear Mr. Allen:
NCDENR
NORTH CAROLINA DEPARTMENT OF
ENVIRONMENT AND NATURAL RESOURCES
Galleon Bay Homeowners Association, c/o Willis Gregory was issued State Permit No. 119-97
on September 5, 1997 for maintenance excavation in the northern canal to remove hurricane overwash
sand caused by Hurricanes Bertha and Fran. CAMA Permits for dredging projects are issued based on
information provided in the permit application and plans submitted with the permit application for a
particular project. This information includes specific volumes of material, specific project depths,
specific dredging methods and specific disposal areas. Work authorized under Permit No. 119-97 is
limited to those volumes of material, dredging methods, project depths and disposal areas originally
requested. Additional maintenance on a project covered under an active CAMA Permit is subject to the
requirements of 15A NCAC 07J .0400 (attached). These requirements include: 1) the name and address
of the pennittee; 2) the number of the original permit; 3) a description of proposed changes; 4) in the case
of dredge and fill maintenance request, a statement that no dimensional changes are proposed; 5) a copy
of the original permit plat with cross -hatching indicating the area to be maintained, any area to be used
as spoil, and the estimated amount of material to be removed; and 6) the date of the map revision and the
applicant's signature shown anew on the original plat.
On October 27, 1999, I met at the site with Charles Riggs to discuss the removal of hurricane
overwash sand from the canal caused by Hurricane Floyd. At that time I informed Mr. Riggs of the
permit requirements for project maintenance. Mr. Riggs indicated that the required information would
be submitted upon calculation of the estimated volume of material to removed from the canal. On
November 5, 1999 , I received a modification request from Mr. Riggs containing the needed information
and revised plans required by 15A NCAC 07J .0400.
127 Cardinal Drive Extension, Wilmington, N.C. 28405-3845 • Telephone [phone] • Fax [phone]
An Equal Opportunity Affirmative Action Employer

Mr. Fred Allen
December 10, 1999
Page Two
During the week of November 8, 1999, I contacted Charles Riggs to notify him of an outstanding
Notice of Violation issued to the North Galleon Bay H.O.A on May 27, 1998, for non-compliance with
permit conditions. A civil penalty in the amount of $350.00 was assessed on September 1, 1998 for this
violation and had not been paid as of November 8, 1999. Mr Riggs was notified that maintenance work
under Permit No. 119-97 could not be authorized until the civil penalty assessment had been paid.
On November 17, 1999, I submitted a request for modification of State Permit No. 119-97 to our
permits section in Raleigh. That request stated that the Wilmington Regional Office would have no
objection to the project once the enforcement action had been resolved and proper Sedimentation and
Erosion Control approval had been obtained.
On November 19, 1999, this Office received a check in the amount of $350.00 from Marshall F.
Dotson, Jr., Escrow Agent, for the civil penalty assessment.
The permit modification was issued on December 1, 1999. A copy of the modified permit is
attached. In order to help clarify the maintenance dredging procedures, the modified permit now contains
a maintenance clause which spells out the maintenance requirements of 15A NCAC 07J .0400. Please
be advised that the permit also has a note to advise the permittee that the authorized method of excavation
for this project is by the use of a drag line, and that if permittee should wish to change the method of
excavation to include the use of a hydraulic dredge, a modification of the permit will be required. That
modification request must include detailed design plans of the disposal area.
I hope this will help clarify the permit procedure for the Galleon Bay (Northern Canal Project).
If you have any questions, please feel free to call me at my Wilmington office [phone].
Sincerely,
eg n
eld Rep sentative
Attachments
cc: Bob Stroud
Doug Huggett
Charles Jones
File Copy

State of North Carolina
Department of Environment
and Natural Resources 1 �•r
Wilmington, Regional — 1
Division of Coastal Management
James B. Hunt, Jr., Governor NCDENR
Wayne McDevitt, Secretary / NORTH CAROLINA DEPARTMENT OF
ENVIRONMENT AND NATURAL RESOURCES
Roges�T. Schecter, Director ;
May 20,
Mr. Willis Gl
Route 2, Box
Angier, NC
RE: Galleon Bay Noit Project
North Topsail Bea
Dear Mr. Gregory:
r
This letter is written in r\required
our on -site meeting yesterday. It was decided that Mr.
Marty Bostic, acting on e Town, would move some of the beach -compatible sand
from Lot #39 directly achihway and place it between the existing berm and the
shoulder of the road. Ad piles on the lots bordering the canal must be moved to
the Sonny Johnson tract b the permit. The movement of the sand should be
accomplished as soon as
I have checked with the Division of Marine i4heries regarding completion of the dredging
work during the Summer months. While they & not allow hydraulic dredging during this
time, they have no objection to d4gline or bucket o barge methods.
Your CAMA Major Permit # 1
hydraulic. In order to perform
Division may consider your req
allows for a.finished depth of 6
applies only to the center of th I
bank. Please see sheet 27 of
violation of your permit con ti
Thank you for your
Sincerely,
Janet M. Russell
Coastal Mgt. Rel
cc: Town of North Topsail
Charles Riggs
.9-97 currently allows edging by bucket and barge or
94agline dredging, you ust request this in writing so that the
lest and respond. Also, p se keep in mind that the permit
below the mean low water vel. This finished 6' depth
canal with the sides sloping up and towards the high ground
of the plans for the detail. Any�ver-dredging will be a
cooperation. Do not hesitate to call with%uestions, 395-3900.
127 Cardinal Dr..Ert, Wilmington, North Carolina 28405 Telephone [phone] FAX [phone]
An Equal Opportunity Affirmative Action Employer 50% recycled/10% post -consumer paper

State of North Carolina
Department of Environment,
Health and Natural Resources
Wilmington Regional Office
Division of Coastal Management
James B. Hunt, Jr., Governor
Wayne McDevitt, Secretary
Roger N. Schecter, Director
May 27, 1998
An
��
NCDENR
NORTH CAROLINA DEPARTMENT OF
ENVIRONMENT AND NATURAL RESOURCES
MAY 2 9 1998
CERTIFIED MAIL # Z 312 646 052
RETURN RECEIPT REQUESTED
Mr. Willis Gregory
Route 2, Box 48
Angier, NC 27501
RE: VIOLATION(S) OF CAMA MAJOR DEVELOPMENT
PERMIT NO. 119-97, CAMA VIOLATION #98-37 D
Dear Mr. Gregory:
Information gathered by the Division of Coastal Management shows that you have violated the
terms or conditions of State Permit #119-97 which was issued to you by the Coastal Resources
Commission and the North Carolina Department of Environment and Natural Resources. I hereby
request that you immediately CEASE AND DESIST such violation(s) and comply with the terms
and conditions of the above permit.
On September 5, 1997, State Permit #119-97 was issued to Galleon Bay Home Owners
Association for dredging and spoil disposal on land located in North Topsail Beach, Onslow
County, North Carolina. This permit was issued for CAMA Major Development in an Area of
Environmental Concern, North Carolina General Statutes (hereinafter abbreviated NCGS 113A-
118). This permit included the following terms and conditions(s):
'This permit, issued on 9/5/97 is subject to compliance with the application (where consistent with
the permit), all applicable regulations, special conditions and notes set forth below. ...°
For the following reasons, it is my opinion that you are in violation of the above terms and
conditions(s) of your permit:
The spoil material has been removed from the site and carried to locations not authorized under
the permit. This is considered a willful violation of your permit, since this same matter was
discussed at our on -site meeting of May 19, 1998.
A civil penalty of up to Twenty -Five Hundred Dollars ($2500.00) may be assessed, or an
injunction or criminal penalty may be sought against any person who violates a CAMA Major
Development permit. It is the policy of the Coastal Resources Commission to assess a minimum
civil penalty against all violations.
127 Cardinal Drive Extension, Wilmington, N.C. 28405-3845 • Telephone [phone] • Fax [phone]
An Equal Opportunity Affirmative Action Employer

Mr. Willis Gregory
May 27, 1998
Page 2
This is done to recoup some of the costs of investigating violations 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 which were 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, NCGS 113A-126.
The enclosed Restoration Plan describes the action necessary to bring this project into
compliance with the Act. Provided you intend to cooperate with my request to relocate all dredge
spoil material to the Johnson/Walters' property, please sign one of the attached Restoration
Plans and return it to me in the enclosed, self-addressed envelope. No response from you within
ten (10) days of receipt of this letter will be interpreted as a refusal to cooperate and result in a
Notice of continuing violation and a court order will be sought ordering restoration.
I request that you contact me immediately regarding this matter. A site inspection will be made
in the immediate future to determine whether this REQUEST TO CEASE AND DESIST has been
complied with.
Sincerely, 6�
l
(4janwet-t
M. Russell
Coastal Mgt. Representative]
cc: Charles S. Jones
Bob Stroud, District Manager
Mickey Sugg, COE
Terri Potts, LPO
127 Cardinal Drive Extension, Wilmington, N.C. 28405-3845 • Telephone [phone] • Fax [phone]
An Equal Opportunity Affirmative Action Employer

RESTORATION PLAN
FOR
WILLIS GREGORY / GALLEON BAY HOA
HIGHWAY 1568, NORTH TOPSAIL BEACH, ONSLOW COUNTY
1. Move all dredge spoil material to the Johnson/Walters property, including the material that
has been hauled off -site since May 19, 1998.
2. Cease and desist all other activity except the relocation of the spoil.
I agree to comply with this restoration agreement prior to June 8, 1998.
Willis Gregory Date

State of North Carolina
Department of Environment
and Natural Resources
Wilmington Regional Office
Division of Coastal Management
James B. Hunt, Jr., Governor
Wayne McDevitt, Secretary
Roger*. Schecter, Director
May 20,
Mr. Willis G
Route 2, Box
Angier, NC
RE: Galleon Bay No Project
North Topsail Bea
Dear Mr. Gregory:
This letter is written in respon to our
Marty Bostic, acting on behalf Or
the T
from Lot #39 directly across the hw
shoulder of the road. All the other
the Sonny Johnson pact as required b
accomplished as soon as possible.
I have checked with the Division
work during the Summer months.
time, they have no objection to d1
Your CAMA Major Permit 11 1
hydraulic. In order to perform
Division may consider your rec
allows for a.fmished depth of 6
applies only to the center of th
bank. Please see sheet 27 of
violation of your permit con ti
Thank you for your
Sincerely,
Janet M. Russell
Coastal Mgt. Rei
cc: Town of North Topsail
Charles Riggs
FA
Sm?102
NCDENR
NORTH Ci OUNA DEPARTMENT OF
ENVIRONMENT AND NATURAL RESOURCES
h-site meeting yesterday. It was decided that Mr.
wn, would move some of the beach -compatible sand
i and place it between the existing berm and the
piles on the lots bordering the canal must be moved to
le permit. The movement of the sand should be
ine Nheries regarding completion of the dredging
e they dQ not allo hydraulic dredging during this
or bucket barge methods.
97 currently allows ging by bucket and barge or
gline dredging, you st request this in writing so that the
est and respond. Also, p se keep in mind that the permit
below the mean low water vel. This finished 6' depth
canal with the sides sloping up and towards the high ground
of the plans for the detail. Any er-dredging will be a
cooperation. Do not hesitate to call with gpestions, 395-3900.
127 Cardinal Dr. Ezt, Wilmington, North Carolina 28405 Telephone [phone] FAX [phone]
An Equal Opportunity Affirmative Action Employer 50% recyeled/10% post -consumer paper