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Home My WebLink About17-14D McClemorebra.. Coastal Management ENVIRONMENTAL QUALITY October 11, 2017 David and Carolyn MCLEMORE (Trust) 1708 SE Harbor Lane Wilmington, NC 28409 ROY COOPER Govemor MICHAEL S. REGAN Secreiary BRAXTON DAVIS Director RE: Closure Letter Payment of Proposed Penalty for Violations of the Coastal Area Management Act, Committed in New Hanover County CAMA Violation #17-14D Dear Mr. & Mrs. McClemore: This letter will acknowledge receipt of your check # 4662, in the amount of $1,851.00 for the Notice of Violation dated June 13, 2017 issued by Tara MacPherson, representative for the Division of Coastal Management, for the unauthorized placement of fill within Coastal Wetlands at 1708 Southeast Harbor Lane, 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 Tara MacPherson, Coastal Management Representative, DCM Ben Andrea, LPO �ECEIV ED OCT 13 2�11 DCMMAD CITY State of North Carolina I Environmental Quality I Coastal Management 127 Cardinal Drive Ext., Wilmington, NC 28405 910-796-7215 CAMA VIOLATION #17-14D David and Carolyn MCLEMORE (Trust) 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 $1851 against me for violation of the Coastal Area Management Act, NCGS 113A- 100 et sec, committed on or near property located at 1708 Southeast Harbor Lane 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 June 13, 2017, and agree to pay the proposed civil assessment of $1851. DATE 'RFCF N �i OCT 13 2017 ®CM- MHD CITY J Xwl SIGNATURE I7D 9 `ADDRESS TELEPHONE NUMBER RECEIVED DCM WILMINGTON, NC State of North Carolina I Environmental Quality'. Coastal Management Washington Office 1943 Washington Square Mall I Washington. North Carolina 27889 UCI 1 0 9LS17 2529466481 S 'J CM ENFORCEMENT TRACKING REPORT Issuer (/ Feld 71inire O �( CorrpRep. LPO / LPJ Violation Description Initial Discovery Date U' `-) I I --�- Discovery Method 1ik'-1 r- Respondent Name(s) t `Q Address City Phone # Fax #/Email Corporate Name & Registered agent Violation Case No. II- il l t/ Pernit Was activity (if applicable) ne r/Agent/Contractor) State Zip Violation Type: Project Type: Authorizations Required: Sit 'a's Respondent Site Visits Respondent Resent (lwfbresent NCNo Permit �Private/Conyrunity Major CAWA �t Permit Condition Govt./Public Ivinor F Expired Permit Q, Commercial General Inconsistentw/Rules {� ❑ Tier Level: I 11 II nF t IA Violation Location and Site Description �G � LaULo Project Location: County �� L'�,1 V.-U Wk — onlinin e Length Street Address/ State Road/ Lot (s)r't ,r'YAV' Not Sure Yes o Subdivision City 11 V Phone # / C`'� "6k N OCT 13 2017 Sandbags: Not Sure Yes o PNA: 0 No Adjacent CInRW es N Adjacent ZIP t. ab. Yes o Basin��,, �� Photos Yes o' Adj. Mr. Body Vp _—P at 'an/unlat)- VVaiveIRequired Yes In DAAQ BufferArea Yes ClosestMaj. Mr. Body Specify DWOBufferifapplicable: Kestoration1 NOV Date IT"► Initial Req. Corrp. Date CNOV Date Date Comp. Observed Penalty Assessment fV9 Sent to Respondent Date Rcvd. by Dist. Mgr. DateAssessnentExtended Yes u Ill ► -�- ,�V, v k<z,A V13ctenkibn Granted (Yes) No Restoration Letter Acceptance Date 7J.0409 Ref. Reconm. Assess. DCM Assess. $ $ $ $ $ $ $ $ is 1 $ Total -A[ I _ \Vv l 20 Formal Assessments, Appeals and Reductions Date Long Form Submitted AssessmentAppealed: Yes No Date Formal CPA Submitted Penalty modified Final Assessment $ Date Attorney General's Office for Injunction or Formal Collection Date sent to AG C] Respondent not responsive to penalty/NOV Injunction to complete restoration Date Collection Letter Sent Date Demand Letter Sent Violation ActiHties and Impacts AECs Affected: Wetlands Impacted? Yes / No If yes, w hichtypes: CW EW PTA ES PTS OEA HHF IH UBA N/A SA DS CJ SY JR LS TY PWS: FC sS sc SP IF BF 404 Restoration Required by the Respondent Yes / No Payment Date Case Closed I ✓✓ It S (&-6 Coastal Management 1"V"00~K LITM NOTICE OF VIOLATION May 12, 2017 CERTIFIED MAIL 7011 2000 0002 2767 8982 RETURN RECEIPT REQUESTED River Bluffs Development Corporation c/o Mr. Burrows Smith 3571 Hansa Drive Castle Hayne, NC 28461 RE: VIOLATIONS) OF CAMA MAJOR DEVELOPMENT PERMIT NO, 30.13 CAMA VIOLATION#17-11D Dear Mr. Smith: ROY COOPER G.wrnnr MICHAEL S. REGAN NetmNvy BRAXTON C. DAVIS Den kr This letter confines that on May 12, 2017 Courtney Spears, Field Representative for the Division of Coastal Management was onsite at property owned by River Bluffs Development Corporation located at Chair Road and the I- 140 Bypass in River Bluffs adjacent to the Northeast Cape Fear River in Castle Hayne, New Hanover County, North Carolina. The site visit was for a Major Modification request under State Permit No. 30-13. Information gathered by the NC Division of Coastal Management shows that River Bluffs Development Corporation has violated the terms or conditions of CAMA Major Development Permit No. 30-13 which was issued by the Coastal Resources Commission and the North Carolina Department of Environmental Quality on February 27, 2013. CAMA Major Development Permit No. 30-13 was issued to River Bluffs Development Corporation for construction of a 143-slip community marina, shoreline stabilization, elevated boardwalks and a boat -ramp within the Northeast Cape Fear River for the River Bluffs Subdivision. This permit was modified on May 13, 2014 for the reconfiguration of the authorized slips and changes to the boardwalk/pier and rip -rap. This permit was modified again on August 4, 2015 for grading and removal of bank material, clubhouse construction with associated structures and a rip rap sill. State Permit No. 30-13 was renewed on October 26, 2016 and is due to expire on December 31, 2018. On May 02, 2017, DCM received a Major Modification Request for additional changes to the community marina including changing a fixed walkway to a floating walkway, addition of a kayak dock, relocation of a gazebo, additional of a cantilevered bench, relocated marina access and revised debris deflector. On May 12, 2017 DCM Staff conducted a site visit and discovered unauthorized development onsite. State Permit No. 30-13 included the following terms and conditions(s): Condition (8): Unless specifically altered herein, this permit authorizes the docks, piers and other structures and uses located in or over the water that are expressly and specifically set forth in the permit application. No other structure, whether floating or statio a , shall become a permanent part of this marina facility without permit modification. No dent MAY 2 5 0017 trDCM- MHD CITY M.arHannCaiarr � enrYann�a4ia�rY er Caa+tr,.y..rra W*r&%%nonitt ! a7 Cw* W orha 9xWW n W#n*% w wk ih Ca aw xr4W aw ne rm River Bluffs Development Corporation May 15, 2017 Page Two uses of structures shall be conducted on, in or over public trust waters without permit modification. For the following reasons, you are in violation of the above terms and conditions(s) of your permft: (1) Additional structures were constructed at this marina facility without permit modification. 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 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. 11 3A-1 26 If the terms and conditions of a permit are not complied with, the permit is null and void from the date of its issuance. 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 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 levy a civil assessment not to exceed $10,000 plus investigative costs against all violations. 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 depends on several factors, including the nature and area of the resources that were affected and the extent of the damage to them. Pending further review of this matter, a determination will be made and River Bluffs Development Corporation will be notified if restoration of the impacted coastal resources is necessary. River Bluffs Development Corporation will also be notified as to the amount of the civil assessment for undertaking development without first obtaining the proper permit(s) and/or development that is inconsistent with Coastal Resources Commission rules. 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. Thank you for your time and cooperation in resolving this important matter. If you have any questions, please call me at (910) 796-7215. Sincerely, v� ;—=— Debra Wilson, District Manager Tm/Dw Cc: Roy Brownlow, Compliance Coordinator, DCM Tyler Crumbley, USACE Chad Coburn, DWQ Courtney Spears, Field Representative Ben Andrea, LPO State of North Carolina I Environmental Quality I Coastal Management Wilmington Office 1 127 Cardinal IRivc Extension I Wilmington, North Carolina 28405 9107967215 DCM ENFORCEMENT TRACKING REPORT C Issuer I l' Field Rep. i O Violation Case No. Compliance Rep. Permit No. LPo t rfapplicable) Initial Discovery Date Violation Description Respondent Address '>) 1 Discovery Method or D//F Violations: Yes Phone # Fax Corporate Name & City Was a�tivdy pern ittable7 Yes / No ynevrIyenuwnu dI,LUI) I Zip Violation Type: XHGovt./Public Project Type: Authorizations Required: SiteVisits Respondent SdeVisits Respondent ExFlrmit rivate/Community jor XCANIAPress tt 0Present rmitCondition Minor I—] D&F t—t Nopired Permit Q; Commercial General u inconsistent w/Rules Tier Level: I II III ❑ Violation Location and Site Description _ , 1 �A 'hI rt u Shomlin Project Location: County j,� \�j) 1N�14'l,!1 �U `t KV � ShorelineLangth Street ress/State Road/ Lo #(s) SAV: Notsure Yes Sandbags Not Sure Yes Su ' islon PNA: Yes No Adjacent t ZIP ORW. Yes No Adjacent Grit. Hap. Yes No Phone # ( _), l River Basin Photos Yes No Adj. Mr. Body M � (nat/ an m) VVaiverRequired Yes No \ -- In DM BufferArea Yes No ClosestMaj. Wtr. Body Specify DNK1 Buffer if applicable: Restoration Extension Granted Yes No NOV Date �' Initial Req. Corrp. Date T—VTRestoration Letter CNOV Date Date Comp. Observed Acceptance Date Penalty Assessment Sent to Respondent Date Rcvd. by Dist. Mgr. Date Assessment Extended Yes No' RECEIVED 7J.0409 Ref. Recomm. Assess. DCM Assess. Total DCM- MHD CITY Formal Assessments, Appeals and Reductions Date Long Form Subrritted AssessmentAppealed: Yes No Date Formal CPA Submitted 0. Penalty modified Final Assessment$ Date Attorney General's Office for Injunction or Formal Collection Date sent to AG 0 Respondent not responsive to penalty/NOV Injunction to complete restoration Date Collection Letter Sent Date Demand Letter Sent Violation ActMties and Impacts AECsAffected: � Wetlands krpacted?Yes Ifyes,whichtypes: OE /ew/ PT ES PTS OEA Ti�Fl� UBA N/A SA DS CJ SY JR LS TY PWS: FC: SS SC SP IF BE 404 Other. Restoration Required by the Respondent NOTES: Payment Received $ Date Date Case Closed Ml Coastal Management ENYIPONMENTAL QUALITY September 6, 2017 David and Carolyn MCLEMORE (Trust) 1708 SE Harbor Lane Wilmington, NC 28409 RE: RESTORATION ACCEPTANCE — CAMA VIOLATION #17.14D Dear Mr. MCLEMORE: ROY COOPER Governor MICHAEL S. REGAN Secrelnry BRAXTON DAVIS Director This letter is in reference to the Notice of Violation # 17-14D sent to you dated July 24, 2017 for the unauthorized placement of earthen fill, including sod within the Coastal Wetland Area of Environmental Concern in or near Myrtle Grove Sound. The violation took place on property located at 1708 Southeast Harbor Lane in New Hanover County North Carolina. This unauthorized activity constituted development and you were requested to remove the fill within Section 404 type Wetlands and Coastal Wetlands. In accordance with the North Carolina Administrative Code, Title 15A, Subchapter 7J.0410, any violation involving development which is inconsistent with guidelines for development within 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 August 22, 2017 to inspect the restoration of the unauthorized activity addressed in the Notice of Violation 17-14D. Based on this inspecfion, and correspondence with Kyle Dahl with the USACE, it appears the restoration is 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) 796-7215. Sincerely, / 6y Tara MacPherson Field Specialist, DCM Cc: Debra Wilson, District Manager, DCM Roy Brownlow, Compliance Coordinator, DCM Kyle Dahl, USACE Ben Andrea, LIDO Chad Coburn, DWR RECEIVED SEP 13 2017 DCM_ MHD CITY State of North Carolina I Environmental Quality I Coastal Management 127 Cardinal Drive Ext., Wilmington, NC 28405 919 796 7215 CoastalManagement ENVIRC7MENTAL QUALITY June 27, 2017 Michelle Chimento 4025 West Soundside Rd. Nags Head, NC 27959 RE: RESTORATION DEADLINE EXTENSION CAMA VIOLATION CASE NO. 17.11A Dear Ms. Chimento: jv�;- ROY COOPER Gowrnor MICHAEL S. REGAN Secretary BRAXTON C. DAVIS Director This letter confirms the receipt of your e-mail on June 27, 2017 in reference to the July 1, 2017 time limit for restoring the broken concrete within the Roanoke Sound and within the 30-foot buffer that you are legally responsible for within Public Trust, Estuarine Waters and Estuarine Shoreline Areas of Environmental Concern at your property located at 4018 West Soundside Road in Dare County, North Carolina. Notice of Violation case number 17-11A was issued to you on June 2, 2017 for the unauthorized work and requested restoration. Based on your e-mail received on June 27, 2017 and the circumstances surrounding this case, your request to extend the restoration time limit is approved in order to allow you additional time to comply with the requested restoration. The restoration time limit is extended to July 31, 2017. Please note that this extension is for a thirty (30) day period. The requested restoration must be performed to the satisfaction of the Division of Coastal Management by the date indicated or provide an explanation for non-compliance and a reasonable request for a time extension. Thank you for your cooperation in resolving this important matter. If you have any questions about this or related matters, please call me at (252) 264-3901. Sincerely {� Cynthia Rountree Field Representative NC Division of Coastal Management Cc: Frank Jennings, District Manager, DCM RECEIVED Roy Brownlow, Compliance Coordinator JUL 0 5 2017 Lynn Mathis, Field Specialist, DCM Josh Pelletier, USACE DCM- MHD CITY State of North Carolina I Ermtronmental Quality ICoastal Management Elizabeth City Office 1 401 South Griffin Street. Suite 300 1 Elizabeth City, North Carolina 27909 2522643901 Coastal Management ENVIRONMENTAL QUALITY ma NOTICE OF VIOLATION June 13, 2017 CERTIFIED MAIL 7016 0910 0000 61714852 RETURN RECEIPT REQUESTED David and Carolyn MCLEMORE (Trust) 1708 SE Harbor Lane Wilmington, NC 28409 ROY COOPER Oowinor MICHAEL S. REGAN Secretary BRAXTON C. DAVIS Director RE: NOTICE OF VIOLATION AND REQUEST TO CEASE UNAUTHORIZED DEVELOPMENT CAMA VIOLATION#17-14D Dear Mr. and Ms. MCLEMORE: This letter confirms that on June 7, 2017, Kyle Dahl, Special Projects Manager with the U.S. Army Corps of Engineers (USAGE), Courtney Spears, Field Representative for the N.C. Division of Coastal Management (NCDCM) and I were adjacent to your property which is located at 1708 Southeast Harbor Lane adjacent to Myrtle Grove SoundIAIWW located in the Town of Wilmington, New Hanover County, North Carolina. The purpose of the visit was to investigate a complaint received by the USACE regarding Coastal Wetland fill on your property. 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 unauthorized placement of an unknown amount of fill, including sod, within Coastal Wetlands in an area measuring 35 ft. in length by 40 ft. in width (1400 sq. ft.) to a depth of approximately 3 ft. on the aforementioned property. This activity took place in Estuarine Shoreline and Coastal Wetland Areas, which consist primarily of Spartina alterniflora (Salt Marsh Cordgrass), Juncus roemarianus (Black Needlerush), Distichlis spicata (Salt grass), Limonfum sp. (Sea Lavender) and Scirpus sp. (Bullrush) contiguous with Myrtle Grove SoundIAIWW. Estuarine Shoreline and Coastal Wetland 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 and the State's Dredge and Fill Law. State ofNorthCuc4na I EnAtonmental Quality l Coastal Management WMAngton Ot6ce 1127 Cardinal Drin Extension I Wilmington, North Carollna28405 M07967215 David and Carolyn MCLEMORE June 13, 2017 Page Two 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 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. You are also in violation of the State's Dredge and Fill Law which requires a permit from the North Carolina Department of Environment and Natural Resources before undertaking any excavating or filling in any estuarine waters, tidelands, marshlands, or state-owned lakes pursuant to N.C.G.S, 113-229. Therefore, I also request that you immediately CEASE AND DESIST such unauthorized activity and contact me about this matter as well. Violations of the State's Dredge and Fill Act may be enforced by a criminal penalty or a civil action for damages or an injunction in accordance with N.C.G.S.113-229. Based upon the North Carolina Administrative Code, Title 15A, Subchapter 07H. State Guidelines for Areas of Environmental ,Concern, the activity you have undertaken, placing earthen fill material in the Coastal Wetland AEC, is not consistent with Section is not consistent with Section .0205d Use Standards for Coastal Wetlands which states: Highest priority of use,is allocated to the conservation of existing coastal wetlands. Second priority of coastal wetland use is given to those types of development activities that require water access and cannot function elsewhere. Therefore, I am requesting that the impacted coastal wetland area be restored to pre-developmehtconditions and the altered substrate be restored to the same elevation as the immediately adjacent natural grade., The enclosed Restoration Plan describes the action necessary to bring this project into compliance with the Act. 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 a court injunction being sought ordering compliance. 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 State ofNorthCarolina I Environmental Quality I Coastal Management wdmingtonoffice 1127 Cordial Drive Extension I W,Imington,Nonh Carofla2S4O5 9107967215 David and" Carolyn MCLEMORIH *jun9I3, WIT Page Two- this REQUEST OICEASE AND DESIST hasbeencompiled with: 1 request that .you.c6htadt me immediately' ab-040hpAelropprtant matters: resolving -this importantnatter. Ifypq have�apyquestions about the restoration retibe§tedIn action 0' '�slon,oi.-.pon '�6aitiliM6nagemeni, yoU 4'& (be nokieid ofthe'Divi for undertaking development without: -first obtaining, the proper st6ht,,WlthrC6as't6I Resources Commission rules. Or --- Cc:, Debrai Wilson, District Manager, D-CM Roy, B oe.0oordInator,,QCM ,tQwAlow,,Cqmp',Ijah ,Kyle Dahl, USAGE Chad ,Coburn, bW*R Ben And"rei,"" , , sEalMatagemenE Wimn*AqWce; J-pMordfnal Dr1w "pTt9p , I YAWngir I or% North Cuolina 28405 '410796,7215 d, Cardlyin, MQLEMORE Violation No, 17-141): 'at 1708 So'Otlipott Harbor Law 1., RWoreApproximately 1400.square:f6e,t,of,'ImpadtedCdast6l,Weflands to ltspre;devefopnrieni cprdIltlQr;qqd;restqre to thasPma qlb io , s the immediately -.yat n a lately acljacertf natural grade. MMWR,F;, ;'StmeoMorditarobaJ E�-IK9,*jRt4lQuallty,]Cqastal!Aayagement W,Unlngko ' a , OM ' ce, I JiTCordlml , Drive 6 t jrWilOn . Wd I mingtomNort , KCarolina29405 9167.967215 �c lj� Coastal Management ENVIRONMENTAL QUALITY September 26, 2017 CERTIFIED MAIL 7016 0910 0000 61714739 RETURN RECEIPT REQUESTED David and Carolyn MCLEMORE (Trust) 1708 SE Harbor Lane Wilmington, NC 28409 RE: CAMA VIOLATION #17-14D Dear Mr. and Ms. MCLEMORE: ROY COOPER Governor MICHAEL S. REGAN Secremry BRAXTON C. DAVIS Director This letter is in reference to the Notice of Violation dated June 13, 2017 that Tara MacPherson, representative for the Division of Coastal Management, issued to you for unauthorized placement of fill within Coastal Wetlands at 1708 Southeast Harbor Lane, New Hanover County. The violation involved Coastal Wetland Areas, which are Areas of Environmental Concern designated by the Coastal Resources Commission. Based upon the site visit conducted on August 22, 2017 by Tara MacPherson and correspondence received from the US Army Corps of Engineers, the restoration requested appears to be complete to the satisfaction of the Division of Coastal Management. 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 $1851 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 $1851 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 Z 9 2017 State of North Carolina I Environmental Quality I Coastal Management Wilmington Office 1127 Cardinal Drive Extension I Wilmington. North Carolina 28405 DCM. MKp CITY 9107967215 'A David and Carolyn MCLEMORE (Trust) September 26, 2017 Page Two 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 Enforcement Representative, USACE Chad Coburn, DWR Ben Andrea, LPO WiRo Files SEP 2 9 2017 DCM- MHD CITY State of North Carolina I Environmental Quality 1 Coastal Management Washington Office 1 943 Washington Square Mall I Washington, North Carolina 27889 252 946 6481 CAMA VIOLATION #17-14D David and Carolyn MCLEMORE (Trust) 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 $1851 against me for violation of the Coastal Area Management Act, NCGS 113A- 100 et sea, committed on or near property located at 1708 Southeast Harbor Lane 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 June 13, 2017, and agree to pay the proposed civil assessment of $1851. DATE SIGNATURE ADDRESS TELEPHONE NUMBER RECEIVED SEP 2'9 2017 DCM- MHD CITY State of North Carolina I Environmental Quality I Coastal Management Washington Office 1943 Washington Square Mali I Washington. North Carolina 27889 252 946 6481 Coastal Management ENVIRONMENTAL QUALITY July 24, 2017 David and Carolyn MCLEMORE (Trust) 1708 SE Harbor Lane Wilmington, NC 28409 RE: RESTORATION DEADLINE EXTENSION CAMA VIOLATION CASE NO.17-14D Dear Mr. MCLEMORE: ROY COOPER Governor MICHAEL S. REGAN secretary BRAXTON C. DAVIS Director This letter confirms the July 21, 2017 extension request you sent in reference to the July 13, 2017 time limit for restoring the unauthorized placement of earthen fill, including sod, within Coastal Wetlands that you are legally responsiblefor within Estuarine Shoreline and Coastal Wetland Areas adjacent to Myrtle Grove Sound at your property located at 1708 Southeast Harbor Lane in New Hanover, North Carolina. Notice of Violation case number 17-14D was originally sent to you on June 13, 2017 and was hand -delivered to you on July 6, 2017 for the unauthorized work and requested restoration. Based on my July 20, 2017 site visit with Kyle Dahl, US Army Corps of Engineers, and the circumstances surrounding this case, your request to extend the restoration time limit is approved in order to allow you additionaltime to,comply with the requested restoration. The restoration time limit is extended to August 6, 2017. Please note that this extension is for a thirty (30) day period from the date of delivery, the original NOV letter was returned to this office as "unclaimed The requested restoration must be performed to the satisfaction of the Division of Coastal Management by the date indicated or provide an explanation for non-compliance and a reasonable request for a time extension. Thank you for your cooperation in resolving this important matter. If you have any questions about this or related matters, please call me at (910) 796-7215. Sincerely, I'dfa erson Coastal Management Repr ative Cc: Debra Wilson, District Manager, DCM Roy Brown low,,Compliance Coordinator, DCM Kyle Dahl, USACE Chad'Coburn, DWR Ben Andrea, LPO State of North Carolina I Environmental Quality I Coastal Management Wilmington Office 1127 cardinal Drive Extension I Wilmington. North Carolina 28405 910 796 7215