05-11D Russ

®'�
NCDENR
North Carolina Department of Environment and Natural Resources
Division of Coastal Management
Michael F. Easley, Governor Charles S. Jones, Director William G. Ross Jr., Secretary
CERTIFIED MAIL 7004 2890 0002 34251678
RETURN RECEIPT REQUESTED
J. P. Russ and Son
C/o Daniel Russ
5621 Beach Drive
Ocean Isle Beach, NC 28469
NOTICE OF VIOLATION
February 22, 2005
Jz--
RE: NOTICE OF VIOLATION AND REQUEST TO CEASE UNAUTHORIZED DEVELOPMENT
CAMA VIOLATION #05.11 D
Dear Mr. Russ:
This letter is in reference to my February 3, 2005, site visit at Gary Singleton's property, Lots 1 and 2 North Shore Drive,
adjacent to a man-made canal off Jinks Creek, in Sunset Beach, in Brunswick County, North Carolina. The purpose of the
onsite meeting was to investigate unauthorized development on the aforementioned property. This letter also references
the stop work order issued by Mark Wahl, Sunset Beach Building Inspector on February 1, 2005.
Information gathered by me forthe Division of Coastal Management indicates that your actions as contractorfor Gary Singleton
are 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 Environment and
Natural Resources pursuant to the North Carolina General Statutes (N.C.G.S.) 113A-118.
Information I have indicates that you have undertaken or are legally responsible for the filling of approximately 200 square feet
of Coastal Wetlands on the aforementioned property and the associated grading of the lot for septic tank installation. This
activity took place in Coastal Wetlands and Coastal Shoreline areas that are contiguous with a tributary of Jinks Creek. Coastal
Wetlands and Coastal Shoreline 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 matter. A civil
assessment of up to $2,500 may be assessed against any violator. Each day that the development described in this Notice is
continued or repeated may constitute a separate violation, which is subject to an additional assessment of $2,500. 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 $MIN PENALTY against all violations.

J. P. Russ and Son
February 22, 2005
Page 2
i
FEB 2. 4 2005
Morehead City DGM
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 that were affected and the extent of the damage to them.
Since this is your first documented offense as a contractor in these designated Area(s) of Environmental Concern, there will
be no assessment levied against you in accordance with the North Carolina Administrative Code, Title 15A, Subchapter
7J.0409(f)(4)(F)(i). However, if you continue to violate the Coastal Area Management Act, you should consider yourself
forewarned and expect a civil assessment 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.
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 REQUEST TO CEASE
AND DESIST has been complied with. I request that you contact me immediately about these important matters.
Si cerely,
L-P--r
Ji G gson, District Manager, DCM
cc: Ted Tyndall, Assistant Director, DCM
Roy Brownlow, Compliance Coordinator, DCM
Caroline Bellis, DCM
Mark Wahl, LPO Town of Sunset Beach

o� Mar-os: NC.'DIVISION OF;COASTAL MANAGEMENT ENFORCEMENT RECORD14
s
` CASE STATUS ° -
i3. `--1 CASE NUMBER LAST NAME FIRST. NAME BUSINESS,NAME
r:. O ,CASE iS OPEN'.%,.{ 05.11 D RUSS �", DANIEL _�I J P. RUSS &SON {�
O =CASE IS CLOSED
to- AFFLILIATION - SEGTOR '
Eg Previous Violations m Same,AEC
NOV DATE CLOSURE DATE :. CONTRACTOR COMMERCIAL
j_.�,gi,„� for Similar Activities , ., I'
i f�': i 2/22/2005t + ar ' t �1 Y nry
MAILING ADDRESS " .� `CITY ' 44-
STATE ZIP:CODE u,.a PHONE NUMBER'
- 5621 BEACH DR OCEAN ISLE BE 't jNN`C�'' S "
F
, � t
fPROPERTY :ADDRESS, - COMMUNITY ; • WATERBODY NEAREST ROAD e
„1- LOTS 1 & 2 NORTH SHORE 1 OCEAN ISLE BEAC It _ JINKS CREEK 77 ^-rv-- +,
_`DfSTRICT OFFICE COUNTY REPRESENTATIVE �y'LPO CONTACT , , �, �T,•
WIRO B' BRUNSWICK GREGSON-� M WAHLI{ ; "7 7?`-
y..,...- 4 j ,��_
1 S
' VIOLATION�*05
'4 MAJOR CAMA plus DREDGE AND FILL '.AEC TYPECW CS _
t a li
NATURE OF'VIOLATLON'
Unauthorized major development and violation of the State's Dredge & Fill Law by filling approximately 200 sgft of CWi
within the CS AEC adjacent to Jinks Creek as an adjunct to the installation of a septic system.
.` :• _ ASSESSI
„PENALTY STATUS"
la PENALTY ISSUED
`
(Q PENALTY NOT ISSUED # no WILLF
N REQUEST DATE COMPLETION DATI
x=
COLLECTION DATE AMOUNT�COLLECTEI
R DOUBLED) ` f-c�' CNOV ISSUED
D PENALTY PENALTY APPEALED Y;
.=v,ioiations,inyoivingEaaversely.irnpactea�rsesources
x
AMOUNT;OFADVERSELYDISTURBEDAREA(SO FTj, i x
'AMOUNT OF RESTORED AREA (SQ-`FT) - ` ,"
e .
.NOTES

FILE 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 staffls review and circumstances in this case, I
hereby authorize closing/discontinuing CAMA Violation case No.: D J5- - r/
M. TED TYNDALL, Assistant Director
02101/2012
Date