HomeMy WebLinkAbout17-12D OsborneCoastal Management
ENVIRONMENTAL QUALITY
NOTICE OF VIOLATION
June 5, 2017
CERTIFIED MAIL 7011 0110 0000 9947 1775
RETURN RECEIPT REQUESTED
Vivian and Karen Osborne
109 SW 28th Street
Oak Island, NC 28465
ROY COOPER
Governor
MICHAEL S. REGAN
seattary
BRAXTON C. DAVIS
Director
RE: NOTICE OF VIOLATION AND REQUEST TO CEASE UNAUTHORIZED DEVELOPMENT
CAMA VIOLATION #17-12D
Dear Ms. Osborne:
This letter confirms that on May 31, 2017, Debra Wilson, District Manager for the Division of Coastal
Management, and I were adjacent to your property which is located at 109 SW 28th Street adjacent to Davis
Canal located in the Town of Oak Island, Brunswick County, North Carolina. The purpose of the visit was to
investigate unauthorized excavation within 75' ft. Of Normal High Water (NHW) and subsequent filling of
Estuarine Water and Public Trust Area waterward of NHW within Davis Canal. This letter also confirms my
May 30, 2017 email correspondence with Donna Coleman, Local permitting office with the Town of Oak
Island, regarding this matter.
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 excavation
of an unknown amount of material landward of the existing bulkhead and subsequent filling of estuarine
waters waterward of the existing bulkhead adjacent to the aforementioned property. This activity took place
in the Estuarine Shoreline, Estuarine Water and Public Trust Areas that are contiguous with Davis Canal.
Estuarine Shoreline, Estuarine Water and Public Trust Areas 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. RECEIVED
JUN 08,2017
State of North Carolina I Environmental Quality I Coastal Management DC M- M H D CITY
Mmington Office 1 127 Cardinal Drive Wenston I Wilmington. North Carolina 28405
9107967215
Vivian and Karen Osborne
June 5, 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.
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.
Pending further review of this matter, a determination will be made and you will be notified if restoration of
the impacted coastal resources is necessary. You will 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. 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,
Tara MacPherson
Coastal Management Representative
Cc: Debra Wilson, District Manager, DCM
Roy Brownlow, Compliance Coordinator, DCM
Brad Shaver/Liz Hair, USACE
Chad Coburn, DWR
Donna Coleman, LPO
5tate of North Carolina I Environmental Qmllty I Coastal Management
Wilmington Office 1127 Cardinal Drive Extension I Wilmington, North Carolina 28405
9107%7215
t • ,
010
coo.
BRUNSWICK COUNTY
6/5/2017 10:41:28 AM
SBORNE VIVIAN N (LT) AND BEESON KAREN OSBORNE (LT) Nottes /Appeal Parcel: 2343MUl
PLAT: UNIQ ID
ill SW 28TH ST OK 0011/0098 98859
0043401 IO NO: 204615539392
BRUNSWICK COUNTY (100), DOSHER HOSP TAX (100), OAK ISLAND (100), OAK CARD NO. 1
ISLAND FIRE (100) of 1
Revel Year. 2015 Tax Year. L-9810 B-279 S-19 PINNERS POINT Pl. 11/98 2.000 LT SRC-
017
praised by 33 on 10/27/2015 306C OAK ISLAND - WEST TW-03 Cl- FR- AT LAST ACTION
14 08 20151027
CONSTRUCTION DETAIL
MARKET VALUE
DEPRECIATION
CORRELATION OF VALUE
Foundation- 1
EN.
BfSE
Standa 0.31000
Plers 2.
Areakd
RATE
RCN
EYB
AYB
CREDENCE TO MARKET
Sub Floor System - 4
071 01
1 1 900
1 98
1 112,70 P-141301198,119771
GOOD 169.
DEPR. BUILDING VALUE - CARD 147,75(
TYPE: SFR RESORT SFR CONSTRUCTION
DEPR. OB/XF VALUE - CARD 11,1
MARKET LAND VALUE - CARD 300,00
PI wtl PU bd 8.00
Exterior Walls - 09
ood on Sheathing or 30.00
STYLE: 2 - 1.5 Stories
TOTAL MARKET VALUE - CARD 458,89
Plywood
Roofing Structure - 07
TOTAL APPRAISED VALUE - CARD 4S8,89
Irregular Ceiling 13.00
TOTAL APPRAISED VALUE - PARCEL 458,89
Roofing Cover - 03
Composition Shingle 3.0TOTAL
PRESENT USE VALUE - PARCEL
TOTAL VALUE DEFERRED - PARCEL
Interior Wall Constructlon - 9
Plywood Panel 18.0TOTAL
TAXABLE VALUE - PARCELS 458,89
nterior Floor Cover - 08
PRIOR
vinyl 7.0
If
TIDING VALUE 1
VALUE 13,26,
Interior69(
Floor Cover - 14
a et 0.0
AND
D D VALUE 500,00
PRESENT USE VALUE
Heating Fuel - 04
Electric 1.0
DEFERRED VALUE
TOTAL VALUE 637,95
Heating Type - D9
Heat Pump Only 4.0
'r Conditioning Type - 03
Central 4.0
PERMIT
Bedmom oms/Bathms/HaK-
CODE I DATE I NOTE I NUMBER AMOUNT
Bathrooms
3/0 15.00
OUT: WTRSHD:
Bedrooms
SALES
DATA
BAS - 3 FUS - 0 LL- 0
Bathrooms
OFF.
INDICATE
BAS - 3 FUS - 0 U.- 0
ECO
DATE
DEED
TYPE
SALES
PRICE
Half -Bathrooms
OK AGE
F4C&R
3691 093
215
9 01
10 00
GW
WO
U
U
I
V
BAS-0FUS -0LL-0
off2032
-0FUS -OLL-O
0335 696
0 012
11 Ol
WD
DC
U
U
V
I
TAL POINT VALUE 305.00
BUILDING ADJUSTMENTS
BUILDING
HEATED AREA 1,785
Deal n 1 0.950
-silty
Ize ISize Sze 0.980
NOTES
OTALADIUSIMENT FACTOR 0.93
*9598
01 QUALITY INDEX 9
[7ST*30484
Click on image to enlarge
SUBAREA
OD
DESCRIPTION
OUN
UNIT
PRICE
ORIG %
COND
LD
AYB
EYB
ANN DEP
RATE
%
COND
OB/XF DEPR.
VALUE
GS
4
7
E
FRAME/CBL)
ECK
LI(10
ONCRETE PAVING
1
3
3
1
4
19
10
1,20
38.0
12.0
75.0
3.0
1
1
1
1
98
00
[00
198
1984
20061
200
S
3
6
262
5DD
457REPLACE
219
TYPE AREA
%
RPL CS
117
10
13185
FUS 61
6243
88
2
1983 12
1 - None
2
ONCRETE PAVING
4
1
50
3.5
1
00
00
7
123
USAREII
2,66
14,13
TAL OB XF VALUE
11,13
TpLS
UILDING DIMENSIONS
BA3=W45S26E45N26Area: 1170; WDD=W 14S32E34N6W20N26Area: 568; WDD=E12N16W12S26AMa: 312•FUS=Ava:615'TotalArea: 2665
NO INFORMATION
TMER
3USTMENTS AND
LAND
TOTAL
IGHEST AND
I USE
LOCAL
I FRON
DEPTN
DEPM
LND
COND
DIES
O
UNIT
LAND
UNIT
TOTAL
AD3USTED
LAND
OVERBID
LAND
EST USE
CODEZONING
TAGE
EPTH
MOD
FACT
RF AC LC TOO
TYPE
PRICE
UNITS
TYP
ADJST
LWITPRICE
VALUE
VALUE
NOTES
FR CANAL
0102
1168
120
175
1.0000
0
1.0000
PS
150,000.0
2.0
LT
1.00
150,000.0
30000
I
1
1 I
1
LOT 9B10
TAL MARKET LAND DATA
300,00
TAL PRESENT USE DATA
RECEIVED
JUN 0 8 2017
DCM- MHD CITY
Brunswick County GIS Data Viewer
■ Addresses — US Hwy Minor Parcel ■ Green: Band-2 0 = o G
0 0.0125 0.025 0.05
Roads — NC Hwy Parcels County Boundary ■ Blue: Band_3 0 1'
Interstate _ State Road Condo Red: Band-1 v
&uswid
ENFORCEMENTDCM REPORT
FieldIss6er violation Case No.
Rep. Ni ti►.e ,�. ,,��
�. 1L i. �: &M I- Permit No.
LPO
Violation DeSCriptiOi • I' Was tivity permutable?Yes /No
Discovery Method L
Initial Discovery Date
ViolationDescrir n
Respondent n rmafon Prior CAW or D(F Violations: Ye ! No P for Case No ,m!ndo,—v
"^ `
RespondentName(s) 4 i ` !,ent/Contractor)
Address U� CityW, ZipAf�qwq
Phone # Fax #/Email
Corporate Name & Registered agent
iolation Type: eject Type: Autnor¢ations mquirea: One visas reespunueur One v Imw �OFWIJU—L
*dkPresent Present
No Perm ivate/Conmunity Major CAMA�❑Permit Condition Govt/Public Minor D&Ft—
Expired Permit n Commercial General
El
Q Inconsistentw/Rules Tier Level: 1 II III 1
Violation Location and Site Description , L
Project Location: County VN A W L! Lv-
Street Address/ State Road/ Lot #(s)
Subdivision
City we ZIP
Phone # ( —)... „ Rver Bann l IA it Vi
Adj. Mr. Body 1.)U
Closestf&j. Mr. Body
NOV Date u.6,v,�
CNOV Date
Penalty Assessment
Sent to Respondent Date
Rcvd. by Dist. Mgr. Date
Assessment Extended Yes No
RECEIVED
JUN 0'8 2017
Initial Req. Comp. Date
Date Comp. Observed
Penally
Continuing
Lat/Long
Shoreline Length ),
SAV: Not Sure
Yes
Sandbags: Not Sure
Yes
PNA:
Yes
kNAddjj acent
ORW.
YesacenCdt.
Hab.
Ygs
Photos
Y�eil)
No
WaiverRequired
Yes
LNSv`
In WA BufferArea
Yes
Specify DNA Buffer if applicable:
Extension Granted Yes No
Restoration Letter
Acceptance Date
710409 Ref.
Recomm. Assess.
DCM Assess.
$
$
$
$
Total
f . 'I
Formal Assessments, Appeals and Reductions
Date Long Form Submitted
Date Formal CPA Submitted
Final Assessment $
Attorney General's Office for Injunction or Formal Collection
AssessmentAppealed: Yes No
Q. Penalty modified
Date sent to AG Respondent not responsive to penally/NOV Injunction to complete restoration
Date Collection Letter Sent Date Demand Letter Sent
Violation Actilities and Impacts
AECsAffected: Wetlands hpacted?Yes/ No If yes,whichtypes:
CW E PT ES PTS
OEA F IH UBA WA SA DS CJ SY JR LS TY
PWS: FC: SS SC SP IF BF 404
Restoration Required by the Respondent Yes / No :
Dimensionsin excess Dimensionsto restore Final dimensions Actually restored
of perm it/ a nauth orized activities allowed
NOTES:
Closing DCM_ MH
Payment Received $ Date Date Case Closed
Coastal Management
ENVIRONMENTAL OUALITY
NOTICE OF VIOLATION
June 14, 2017
CERTIFIED MAIL 7016 0910 0000 61714869
RETURN RECEIPT REQUESTED
Vivian and Karen Osbome
c/o Mr. Cary Kerns
109 SW 28th Street
Oak Island, NC 28465
ROY COOPER
Covernar
MICHAEL S. REGAN
secretary
BRAXTON C. DAVIS
Director
RE: NOTICE OF VIOLATION AND REQUEST TO CEASE UNAUTHORIZED DEVELOPMENT
CAMA VIOLATION#17-12D
Dear Mr. Kerns:
This letter is a follow up letter to the original NOV issued on June 5, 2017 for unauthorized filling in Estuarine
Waters and Public Trust Area at property owned by Vivian and Karen Osbome, which is located at 109 SW
28th Street adjacent to Davis Canal located in the Town of Oak Island, Brunswick County, North Carolina.
This letter also confirms our June 13,2 017 site visit with you regarding this matter.
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 (LAMA). 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-1 18.
I have information that indicates you have undertaken or are legally responsible for unauthorized excavation
of an unknown amount of material landward of the existing bulkhead and subsequent filling of approximately
100 sq. ft. of estuarine waters waterward of the existing bulkhead adjacent to the aforementioned property.
This activity took place in the Estuarine Shoreline, Estuarine Water and Public Trust Areas that are
contiguous with Davis Canal. This area of Davis Canal has also been designated as Primary Nursery Area
(PNA) by the Division of Marina Fisheries. Estuarine Shoreline, Estuarine Water and Public Trust 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.
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
RECEIVED
State of North Carolina I Environmental Quality l Coastal Management JUN 19 2017
Wilmington Office 1 127 Cardinal Drive Extension I Wilmington. North Carolina 28405
9107967215 DCM- MHD CITY
4r J
Vivian and Karen Osborne
C/O Mr. Cary Kerns
June 14, 2017
Page Two
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.
As we discussed, 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.
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 a Primary Nursery
Area in the Estuarine Water/Public Trust AEC, is not consistent with Section .0208 (11)(C) Use Standards
for Estuarine Waters which states that the filling of canals will not adversely impact any designated
Primary Nursery Areas as defined by the Marine Fisheries Commission. Therefore, I am requesting that
the impacted shallow bottom area be restored to pre -development conditions 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.
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 at (910) 796-7215. Upon completion of the restoration as requested in
the Restoration Plan Agreement to the satisfaction of the Division of Coastal Management, you will 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.
Sincerely,
Tara MacPherson
Coastal Management Representative
Cc: Debra Wilson, District Manager, DCM
Roy Brownlow, Compliance Coordinator, DCM
Brad Shaver/Liz Hair, USACE
Chad Coburn, DWR
Donna Coleman, LIDO
State of North Carolina I Environmental Quality I Coastal Management
Wilmington Office 1 127 Cardinal Drive Extension I Wilmington, North Carolina 28405
9107967215
RECENE®
JUN 19 2011
DCM_ MH® CITY
Vivian and Karen Osborne
C10 Mr. Cary Kerns
June 14, 2017
Page Three
RESTORATION PLAN
For
Vivian and Karen Osborne Property
CAMA Violation No. 17-12D
Property located at 109 SW 28th Street Oak Island
Restore approximately 100 square feet of impacted Estuarine/Public Trust Water Shallow Bottom
Habitat to its pre -development condition and restore to the same elevation as the immediately
adjacent natural grade.
I, Cary Kerns, on behalf of David and Carolyn MCLEMORE, agree to complete this restoration to the
satisfaction of the Division of Coastal Management (DCM) by July 13, 2017, or provide an explanation for
non-compliance and a reasonable request for time extension. When corrective actions are complete, I will
notify the DCM so the work can be inspected.
SIGNATURE:
DATE:
It is the policy of the Coastal Resources Commission to assess a civil penalty plus investigative costs against all violations. 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. If restoration is not undertaken or satisfactorily completed, a substantially higher civil assessment
will be levied and an injunction sought to require restoration.
RECEIVED
JUN 19 2017
State of North Carolina I Environmental Quality l Coastal Management��y��p5
— �V�
Wilmington Office 1 127 Cardinal Drive Extension I Wilmington, North Can"� p H D CITY
9107967215 fl
Coastal Management
ENVIRONMENTAL DUALITY
July 20, 2017
CERTIFIED MAIL 7016 0910 0000 61714876
RETURN RECEIPT REQUESTED
Vivian and Karen Osborne Property
c/o Mr. Cary Kerns
109 SW 2P Street
Oak Island, NC 28465
RE. CAMA VIOLATION #17-12D
Dear Mr. Kerns:
ROY COOPER
Governor
MICHAEL S. REGAN
Secretary
BRAXTON C. DAVIS
Director
Rec'eIN )
JUG 1 $ 2011
DCMI �H® G��Y
This letter is in reference to the Notice of Violation dated June 14, 2017 that Tara MacPherson, representative
for the Division of Coastal Management, issued to you for unauthorized excavation within 75' ft. Of Normal
High Water (NHW) and subsequent filling of Estuarine Water and Public Trust Area in Davis Canal, which is
adjacent to property owned by Vivian and Karen Osborne located at 109 SW 28th Street, Brunswick County.
The violation involved Estuarine Shoreline, Estuarine Water and Public Trust Areas, which are Areas of
Environmental Concern designated by the Coastal Resources Commission. Based upon the site visit
conducted on July 18, 2017 by Tara MacPherson, 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 $548 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 $548 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.
State of North Carolina ' Environmental Quality I Coastal Management
Wilmington Office 1 127 Cardinal Drive Extension i Wilmington, North Carolina 28405
910 796 7215
Vivian and Karen Osborne Property
July 20, 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
Tara MacPherson, Coastal Management Representative, DCM
Donna Coleman, LPO
Liz Hair, USACE
RECEIVED
JUL 2 5 2017
DCM- MHD CITY
State of North Carolina I Environmental Quality l Coastal Management
Wilmington Office 1 127 Cardinal Drive Extension I Wilmington. North Carolina 28405
9107967215
CAMA VIOLATION #17.12D
Vivian and Karen Osborne Property
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 $548 against me for violation of the Coastal Area Management Act, NCGS 113A-
100 et seg, committed on or near property located at 109 SW 281h St. in Oak Island, Brunswick 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 14, 2017, and agree to pay the
proposed civil assessment of $548.
DATE
SIGNATURE
ADDRESS
TELEPHONE NUMBER
RECEIVED
JUL 2 b 2017
DCM- MHO CITY
State of North Carolina I Environmental Quality l Coastal Management
Wilmington Office 1127 Cardinal Drive Extension I Wilmington, North Carolina 28405
9107967215
F' W
Coastal Management
ENVIRONMENTAL QUALITY
July 28, 2017
Vivian and Karen Osborne
c/o Mr. Cary Kerns
109 SW 28' Street
Oak Island, NC 28465
PAT MCCRORY
Governor
MICHAEL S. REGAN
Secretary
BRAXTON DAVIS
Director
RE: Closure Letter
Payment of Proposed Penalty for Violations of the Coastal Area Management Act,
Committed in Brunswick County
CAMA Violation #17-12D
Dear Mr. Kerns:
This letter will acknowledge receipt of your check # 1305, in the amount of $548 for the Notice of
Violation dated June 5, 2017 issued by Tara MacPherson, representative for the Division of Coastal
Management, for placement of unauthorized fill within Davis Canal at 109 SW 281h Street, in Oak Island,
Brunswick 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
Tm/Dw
cc: Roy Brownlow, Compliance Coordinator
Tara MacPherson, Coastal Management Representative, DCM
Donna Coleman, LPO
State of North Carolina I Environmental Quality I Coastal Management
127 Cardinal Drive Ext., Wilmington, NC 28405
910-796-7215
RECEIVED
AUG 0 1 2017
DCMI • +G; CITY
CAMA VIOLATION #17-12D
Vivian and Karen Osborne Property
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 $548 against me for violation of the Coastal Area Management Act, NCGS 113A-
100 et sec, committed on or near property located at 109 SW 28th st. in Oak Island, Brunswick 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 14, 2017, and agree to pay the
proposed civil assessment of $548.
7 Z�
DATE
ADDRESS/� q Sal �18�ri Sfi
TELEPHONE NUMBER
To 5�3 %yz
RECEIVED
AUG 01 2017
DCM- fV11H ,/ CITY
State of North Carolina I Environmental Quality l Coastal Management
Wilmington Office 1 127 Cardinal Drive Extension I Wilmington, North Carolina 2&405
910 796 7215
RECEIVED
DCM WILMINGTON, NC
JUL 2 8 2017
CM ENFORCEMENT TRACKING REPORT
Rep.
Initial Discovery Date
Violation Description
RespondentName(s)
Address NA
Phone #
Discovery Method
or
Issuer Violation Case No.
.�--
Permit No. _--
(if applicable)
Cary
Fax #/Email
Was
permdtable? Yes / No
Zip ' U05
Corporate Name & Registered agent
iolation Type: oject Type: Authorizations Required: Site Visits Respondent Site Visits Respondent
Present Present
4.No Permit ivate/Community tA-Major CAM4 G
Permit Condition Govt./Public M Minor D&F LN ❑ }
Q! ExpiredPermit ❑; Cormercial hGeneral El
Inconsistentw/Rules Tier Level: 1 11
Violation Location and Site Description
Project Location: County ���yy ��^/
Street Address/ State
Subdivision
City ZIP
Phone # ( _). . River Bann lq/ Dt
Adj.1Mr. Body 4)U
Closest Maj. Mr. Body
NOV Date (Ph ,1- Initial Req. Comp. Date
CNOV Date Date Comp. Observed
Penalty Assessment
Sent to Respondent Date
Rcvd, by Dist Mgr. Date
Assessrrent Extended Yes No
Lat/Long r
Shoreline Length LIOD
Yas o
C�a' v. i1Q6E)Sum Yes No
-U. ki ..� Extension Granted Yes No
J 11 Restoration Letter
Acceptance Date
A11�Rp 1
2017
�(/�
Yes Adjacent
V
Yes o Adjacent
Crit. Hab.
Y No
:M-PRIM® CITY
� No
WaieerFtequired
yes
In DNXx BufferArea
Yes
Specify DNK;! Buffer if applicable:
Formal Assessments, Appeals and Reductions
Date Long Form Submitted
Date Formal CPA Submitted
Final Assessment$
Date
Attorney General's Office for Injunction or Formal Collection
Date sentto AG
Date Collection Letter Sent
Assessment Appealed: Yes No
❑. Penalty modified
[l Respondent not responsive to penalty/NOV Injunction to complete restoration
Violation Actitities and Impacts
AECs Affected:
CW E PT ES PTS
OEA F IH UBA N/A
PWS: FC:
Date Demand Letter Sent
Wetlands Impacted? Yes/ No Nyes,whichtypes:
SA DS cJ SY JR LS. TY
SS SC SP IF BF 404
AUG 01 2017
nosing
Payment Received $ , ((l J Date Date Case Closed 1