HomeMy WebLinkAbout15-09D Nunnery
L4
MacPherson, Tara
From: MacPherson, Tara
Sent: Monday, December 21, 2015 9:34 AM
To: Brownlow, Roy
Subject: FW: Joe Nunnery 3875 Hickory View Drive NOV 15-09D
Attachments: 7.10 2015 (2).JPG
Hello, Can you please help me get this taken care of?? Please read below.
Thankyoul
Tara MacPherson
Field Specialist
NC Division of Coastal Management
Department of Environmental Quality
910 796-7425 office
910 395-3964 fax
tara.macpherson@ncdenr.gov
127 Cardinal Drive Ext
Wilmington, NC 28405
Nothing Compares--...
Email correspondence to and from this address is subject to the
North Carolina Public Records Law and may be disclosed to third parties.
From: Snider, Holley
Sent: Friday, December 18, 2015 4:33 PM
To: MacPherson, Tara <tara.macpherson@ncdenr.gov>
Subject: RE: Joe Nunnery 3875 Hickory View Drive NOV 15-09D
Just cleaning out my inbox........... Any word on this one??? May want to try Roy again?!?!?!
From: MacPherson, Tara
Sent: Tuesday, September 08, 2015 10:35 AM
To: Wilson, Debra <debra.wilson@ncdenr.gov>
Cc: Snider, Holley <holley.snider@ncdenr.gov>
Subject: Joe Nunnery 3875 Hickory View Drive NOV 15-09D
Hi Deb, Holley and I have both spoken with Mr. Nunnery and it may be time to elevate this case. He was not responded
to schedule a site visit and I am hoping that a call from the District Manager may help? The floating platform with the
shed on it was in the marsh in front of his property and was recently moved out into the open water. We need to get
onsite and meet with him. Could you please call him and see if you can get anywhere with this?? His Phone number is
910 620 0704.
Thank youll
TAPA MacNersom
Field Specialist
NC Division of Coastal Management
127 Cardinal Drive Ext.
Wilmington, NC28405
Office: 910-795-7425
Fax:910-395-3964
tara.macaherson@ncdenr.gov
Please visit www.nccoastalmanagement.net to subscribe to Coastal Management's quarterly newsletter, the CAMAgram.
Please consider the environment before printing this e-mail.
*Please note that e-mail correspondence to and from this address may be subject to the North Carolina Public records Law and may
be disclosed to third parties. *
ALVIN
Page 1 of 1
Vessel Search
60RDEAUX-NIXONA I
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HULL ID
WBN09-030
REG NO
1383EC
REG EXP DATE
7/31/2016
TITLE NO
458311
RENEWAL NO
1023287
OWNER(s)
YEAR
2005
MANUFACTURER
BARGE
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JOSEPH ROLAN NUNNERY V
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Zip:
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Last Updated:
08/22/2015 10:32am hayess2
Name Type Name Mailing Address PrimaryOwner
INDIVIDUAL JOSEPH ROLAN NUNNERY 225 ELM ST, RALEIGH YES _ Select
7 /
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BORDEAUX-NIXONA I
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Vessel Search YEAR MF
HULL ID REG NO REG EXP DATE TITLE W
NO RENEAL NO OWNER(s)
WBN09 030 1383EC 7/31/2016 458311 1 1023287 JOSEPH ROLAN NUNNERY V 2005 BA
Info Vessel Info Purchase Into
Owner
Vessel Detail:
Hull Id:
W_,8_N08030j.
Vessel Status.
Act,, 1— _ V'
Year:
2605,
Model:
Manufacturer:
BARGE
Length: (ft/in)
23j - 0) _.
Hull:
Metap V
Primary Use:
Gleasgrel, v
Fuel:
GagollpeJ V
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Make:
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Serial #:
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ALVIN
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Vessel Search
BORDEAUX-NIXONA
Shopping Cart
Logoff I Close
HULL ID
WBN09-030
REG NO
1383EC
REG EXP DATE
7/31/2016
TITLE NO
458311
RENEWAL NO
1023287
OWNER(s)
YEAR
2005
MANUFACTURER
BARGE
LIEN
NO
]OSEPH ROLAN NUNNERY V
uwner lnro vessel Anro rurcnese Amu auuuu
Purchase Detail:
Purchased From:
ITENNESSEE VALLEY AUTHORIT
Country:
I UNITED STATES V
Addressl
1010 RESERVATION RD
Address2
City
IMUSCLE SHOALS
State
Tennessee, TN V
Zip
1
Phone
Purchase Price:
Purchase Date:
05/31/2012
Purchased From State:
I North Carolina, NC V
Proof of Ownership:
I Notarized Bill of Sale V
Reg Other State: V
Other State Reg #:
https://www.ncalvin.org/AlvinIDefault.aspx?MenuTabID=21 &NavTabID=O&SiteID=O&T... 9/15/2015
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Vessel Search
BORDEAUX-NIXONAI
Shopping Cart I Logoff I
Close
HULL ID
REG NO
REG EXP DATE
TITLE NO
RENEWAL NO OWNER(s)
YEAR
MANUFACTURER
LIEN
WBN09-030
1383EC
7/31/2016
458311
1023287 70SEPH ROLAN NUNNERY V
2005
BARGE
NO
nwner rnfn vessel Info Purchase Info Summary
Fee Summary:
n
ransaction Type: New 1 Year Reg New Title
Registration Summary:
#: NC-1383EC Status: Active Status Date: 7/31/2015 Updated By:
Issued: 7/31/2015 Reg Other State:
Fg
Years: 1 Other State Reg #:
Date: 7/31/2016 Titled: YES Title#: 458311
New Owner Summary: View
Owner Name: 30SEPH ROLAN NUNNERY O Mailing Address O Resident Address
NC Driver's Lic #: 4978604 Address: 225 ELM ST
Date of Birth: 8/23/1957 City: RALEIGH
Phone #: 910 620-0704 State: NC.
Email: Zip: 27601-1133
Country: UNITED STATES
econclary Owner(s):
Cancel
https://www.nealvin.org/AlvinIDefault.aspx?MenuTabID=21 &NavTabID=O&SitelD=O&T... 9/ 15/2015
DCM ENFORCEMENT TRACKING REPORT
4 Issuer
Field R P. ►G 1 ❑ Violation Base No. "✓
A B C D
LPO I' El
LPJ coW Violated Permit No.
(If applicable)
Violation Descri
Initial Discovery Date
Description
Respondentl
�ISIDitf►�
Discovery Method
Violations in same
City
Fax #
No
activity permittable? Yes /
State W Zip
Violation Type: Project Type: Authorizations Required: Site Visits Respondent Site Visits Respondent
No Permit >(Private/Community Major KI CAMA Present Pr
Permit Condition ElGovt./Public El Minor ElD&F Is ❑
❑ Expired Permit ❑ Commercial ❑ General ❑a
❑ Inconsistent wl Rules ❑ ❑
Violation Location and §ite Description
Project Location: County l UY t- w
Road/ Lot
City ho liw l a ZIP 2004*ZZ
Phone # ( ) River Basin 11)rn hCV-
Adj. Wtr. Body n man /unkn
Closest Maj. Wtr. Body�lA�
Restoration
',,,n r, c
NOV Date
CNOV Date
Penalty Assessment
Sent to Respondent Date
Rcvd. by Dist. Mgr. Date
Assessment Extended Yes
Initial Req.
Date Comp. Observed
App./Permit Fee
Penalty
No Willful/Intent.
Continuing
Other
Rover File —
Shoreline Length
SAV: Not Sure
Yes
No
Sandbags: Not Sure
Yes
o
PNA:
Yes
No
Adjacent
ORW:
Yes
No
Adjacent
Crit. Hat.
Yes
No
Photos
Yes
No
Waiver Required
Yes
No
N
In DWQ Buffer Area
Yes
No
Specify DWQ Buffer if applicable:.,,._
Extension Granted Yes No
Restoration Letter
Acceptance Date
7J.0409 Ref.
Recomm. Assess.
DCM Assess.
S
S
S
S
S
S
S
S
S
S
Total
Formal Assessments, Appeals and Reductions
Date Long Form Submitted
Assessment Appealed Yes No
Date Formal CPA Submitted
❑ Penaltymodified ?�
Final Assessment $ Date
4'v>
Attorney General's Office for Injunction or Formal Collection
Date sent to AG
❑ Respondant not responsive to penalty/NOV ❑ Injunction to complete restoration
Date Collection Let. Sent Date Demand Let. Sent
Violation Activities and Impacts
AECs Affected: Wetlands Impacted? Yes / No If yes, which types:
CW EW PTA ES PTS
OEA HHF IH SA DS CJ SY JR LS TY
SS SC SP IF, BF 404
PWS: FC:
Other:
Restoration Required by the Respondent Yes / No
Dimensions in excess Dimensions to restore Final dimensions Actually restored
of permit/ unauthorized activities allowed
Developme6t Activities
Habitat Description
NOTES: it l."
Closing
Payment Received 3 Date Date Case Closed
NAME: / l I v nyum
CASE NO.: l"J m l/
CASE NOTES
DATE
TIME
NOTES
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North Carolina Department of Environment and Natural Resources
Division of Coastal Management
Pat McCrory
Governor
NOTICE OF VIOLATION
July 10, 2015
Hand Delivered
Joseph Nunnery
3875 Hickory View Drive SE
Bolivia, NC 28422
Donald S. Van der Vaart
Secretary
RE: NOTICE OF VIOLATION AND REQUEST TO CEASE UNAUTHORIZED DEVELOPMENT
CAMA VIOLATION#15-09D
Dear Mr. Nunnery:
This letter is a follow up to the original Notice of Violation (NOV) sent to you on May 22, 2015. On May 12,
2015 Holley Snider, Field Representative, was onsite at a property adjacent to your property located at
3875 Hickory View Drive SE adjacent to the Lockwood Folly River located in the Sunset Harbor
Community, off Sunset Harbor Road, Brunswick County, North Carolina. During the visit she observed the
unauthorized development of a two-story floating house moored to your pier within the Lockwood Folly
River. This letter also confirms the May 18, 2015 phone call notifying you of this letter. The original NOV
was returned to this office an "unclaimed" on June 29, 2015. This is the second attempt to notify you of this
important matter. I conducted a follow up site visit on July 9, 2015 and confirmed that the unauthorized two-
story floating is still in place.
Information gathered by 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 Environment and Natural Resources. This requirement is imposed by North
Carolina General Statute (N.C.G.S.) 11 3A-1 18.
I have information that indicates you have undertaken or are legally responsible for the construction of a
fully enclosed two story house mounted on a floating platform on the aforementioned property. This activity
took place in Coastal Wetlands, Estuarine Waters, and Public Trust Waters that are contiguous with the
Lockwood Folly River. Coastal Wetlands, (Estuarine Waters, and Polic Trust Waters areas are designated
as Areas of Environmental Concern (AECI.No CAMA permit was issued to you for work in this area. Based
on these findings, I am initiating an enfo ment 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 $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
127 Cardinal Drive Ext., Wilmington, North Carolina 28405-3845
Phone: (910) 796-7215\ FAX: 910-395-39641 Internet: www.nccoastalmanagement.n
An Equal Opportunity 1 Affirmative Action Employer— 50% Recycled 110% Post Consumer ate,
Joseph Nunnery
July 10, 2015
Page 2 of 2
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. 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.
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. Pending further review of this matter, a determination will
be made and you will be notified of a restoration plan for the impacted coastal resources. 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.
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 or Holley Snider at (910) 796-7215.
Sincerely,
Tara MacPhers
Field Specialist,
Cc: Debra Wilson, District Manager, DCM
Roy Brownlow, Compliance Coordinator, DCM
Holley Snider, Field Representative, DCM
Connie Marlowe, Brunswick County
127 Cardinal Drive Ext., Wilmington, North Carolina 28405-3845
Phone: (910)796-7215\FAX: 910-395-3964\Intemet: www.nccoastalmanagement.
An Equal Opportunity \ Affirmative Acton Employer— 50% Recycled \ 10% Post Consume
6/26/2015
English
Customer Service USPS Mobile
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USPS TrackingT"'
Tracking Number: 70110110000099471684
Product & Tracking Information
Postal Product: Features:
Certified MaiIT"
DATE a TIME STATUS OF ITEM
June 25, 2015, 8:44 pm Departed USPS Facility
JOUSPS.Coff
LOCATION
RALEIGH, NC 27676
Your item Departed our USPS facility in RALEIGH, NC 27676 on June 25, 2015 at 8:44 pm. The item
is currently in transit to the destination.
June 25, 2015 , TAB am
Arrived at USPS Facility
RALEIGH, NC 27676
June 17, 2015 10:06 am
I Unclaimed
BOLIVIA. NC 28422
May 26, 2015 , 2:21 pm
Notice Left (No Authorized
Recipient Available)
BOLIVIA, NC 28422
May 26, 2015 ,10:26 am
Out for Delivery
BOLIVIA, NC 28422
May 26, 2015 ,10:16 am
Sorfing Complete
BOLIVIA, NC 28422
May 26,2015, 6:23 am
krived at Unit
BOLIVIA, NC 28422
May 26, 2015 , 4:20 am
Departed USPS Facility
FAYETTEVILLE, NC 28302
May 24, 2015 , 9:18 am
Arrived at USPS Facility
FAYETTEVILLE. NC 28302
May 23, 2015 ,10:52 pm
Arrived at USPS Facility
CHARLOTTE. NC 28228
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Fri customer service USPS Mobile
JUSPSCOM'
USPS TrackingTM
Tracking Number: 70110110000099471584
Updated Delivery Day: Tuesday, May 26, 2015
Product & Tracking Information
Postal Product: Features:
Certified Man'
p�DATE 8 TIME - STATUS OF ITEM LOCATION
May 26, 2015 , 2:21 pm Notice Left (No Authorized BOLIVIA, NO 28422
Recipient Available)
We attempted to deliver your Rein at 2:21 pm on May 26, 2015 in BOLIVIA. NC 28422 and a notice was
left because an authorized recipient
was not available. You may arrange redelivery by visiting
hboNeves usos com/redelivery
or calling 800-ASK-USPS, or may pick up the item at the Post Office
indicated on the notice. If this item
is unclaimed after 15 days then it will be returned to the startler.
May 26, 2015, 10:26 am
Out for Delivery BOLIVIA, NC 28422
May 26. 2015 10:16 am
Sorting Complete ''.. BOLIVIA, NC 28422
May 26, 2015. 6:23 am
Arrived at Unit BOLIVIA, NC 28422
May 28, 2015, 4:20 am
Departed USPS Facility '.. FAYETTEVILLE, NC 28302
May 24, 2015 , 9:18 am
Arrived at USPS Facility 1 FAYETTEVILLE, NO 28302
May 23, 2015 , 10:52 pm
Arrived at USPS Facility CHARLOTTE, NC 28228
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G°as\a oa\t°S�eo\met\\da\�\poaptda ea\rgJ��Qa�`
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\fig 0J�r IlkA o�Et�Q\o`1et'
ra MacPherson F' Id S 1'
le pecra lst, Dk
ra Wilson, District Manager, DCM
`rownlow, Compliance Coordinator,,
Marlowe, Brunswick County
, ealina 284063845
.464 \ Internet: www.nowastaimanagement.net
..mve Action Employer — 50% Recycled \ 10% Post Consumer Paper
Pat McCrory
Governor
AEM r
NCDENR
North Carolina Department of Environment and
Division of Coastal Management
NOTICE OF VIOLATION
May 22, 2015
CERTIFIED MAIL 7011 0110 0000 99471584
RETURN RECEIPT REQUESTED
Joseph Nunnery
3875 Hickory View Drive SE
Bolivia, NC 28422
Natural Resources
Donald S. Van der Veen
Secretary
RE: NOTICE OF VIOLATION AND REQUEST TO CEASE UNAUTHORIZED DEVELOPMENT
CAMA VIOLATION #15-09D
Dear Mr. Nunnery:
This letter confirms that on May 12, 2015, 1 was onsite at a property adjacent to your property located at
3875 Hickory View Drive SE adjacent to The Lockwood Folly River located in the Sunset Harbor
Community, off Sunset Harbor Road, Brunswick County, North Carolina. The during the visit I observed the
unauthorized development of o two-story floating house moored to the pier within the Lockwood Folly River.
This letter also confirms our May 18, 2015 phone call notifying you of this letter.
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 Environment and Natural Resources. 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 the construction of a
fully enclosed two story house mounted on a floating platform on the aforementioned property. This activity
took place in Coastal Wetlands, Estuarine Waters, and Public Trust Waters that are contiguous with the
Lockwood Folly River. Coastal Wetlands, Estuarine Waters, and Public Trust Waters areas are designated
as Areas of Environmental Concern (AEC). No CAMA 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 and the State's Dredge and Fill Law. 1 ry
I request that you immediately CEASE AND DESIST any further developm4 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.
One
127 Cardinal Drive Ext., Wilmington, North Carolina 28405-3845 NorthCarolina
Phone: (910) 796-72151 FAX: 910-395-3964 \ Internet: www,ncooastalmanagement.net Naturalllff
An Equal Opportunity \ Affirmative Action Employer— 50% Recycled \ 10% Post Consumer Paper
Joseph Nunnery
May 22, 2015
Page 2 of 2
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. 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.
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.
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.
Sincerely,
Holley Snider
Coastal Management Representativ
(Syx
Cc: Tara MacPherson, ??????????.???, DCM
Debra Wilson, District Manager, DCM
Roy Brownlow, Compliance Coordinator, DCM
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127 Cardinal Drive Ext., Wilmington, North Carolina 28405-3845
Phone: (910) 796-72151 FAX: 910�395-39641Internet: www.nocoastalmanagement.net
An Equal Opportunity 1 Affirmative Action Employer— 50% Recycled 110% Post Consumer Paper
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Pat McCrory
Governor
PWA
NCDENR
North Carolina Department of Environment and
Division of Coastal Management
NOTICE OF VIOLATION
July 10, 2015
Natural Resources
Donald S. Van der Vaart
Secretary
RECEIVED
Hand Delivered
JUL ] 410b
Joseph Nunnery SON
3875 Hickory View Drive SE
Bolivia, NC 28422
RE: NOTICE OF VIOLATION AND REQUEST TO CEASE UNAUTHORIZED DEVELOPMENT
CAMA VIOLATION #15-09D
Dear Mr. Nunnery:
This letter is a follow up to the original Notice of Violation (NOV) sent to you on May 22, 2015. On May 12,
2015 Holley Snider, Field Representative, was onsite at a property adjacent to your property located at
3875 Hickory View Drive SE adjacent to the Lockwood Folly River located in the Sunset Harbor
Community, off Sunset Harbor Road, Brunswick County, North Carolina. During the visit she observed the
unauthorized development of a two-story floating house moored to your pier within the Lockwood Folly
River. This letter also confirms the May 18, 2015 phone call notifying you of this letter. The original NOV
was returned to this office an "unclaimed" on June 29, 2015. This is the second attempt to notify you of this
important matter. I conducted a follow up site visit on July 9, 2015 and confirmed that the unauthorized two-
story floating is still in place.
Information gathered by 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 Environment and Natural Resources. This requirement is imposed by North
Carolina General Statute (N.C.G.S.) 11 3A-1 18.
I have information that indicates you have undertaken or are legally responsible for the construction of a
fully enclosed two story house mounted on a floating platform on the aforementioned property. This activity
took place in Coastal Wetlands, Estuarine Waters, and Public Trust Waters that are contiguous with the
Lockwood Folly River. Coastal Wetlands, Estuarine Waters, and Public Trust Waters areas are designated
as Areas of Environmental Concern (AEC). No CAMA 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 $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
127 Cardinal Drive Ext., Wilmington, North Carolina 28405-3845
Phone: (910) 796-7215\ FAX: 910-395-39641Internet: www.ncdoastalmanagemenl.n
An Equal Opportunity \ Affirmative Action Employer— 50% Recycled \ 10% Post Consumer allo
Joseph Nunnery
July 10, 2015
Page 2 of 2
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. 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.
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. Pending further review of this matter, a determination will
be made and you will be notified of a restoration plan for the impacted coastal resources. 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.
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 or Holley Snider at (910) 796-7215.
Sincerely,
Tara MaCPhers
Field Specialist,
Cc: Debra Wilson, District Manager, DCM
Roy Brownlow, Compliance Coordinator, DCM
Holley Snider, Field Representative, DCM
Connie Marlowe, Brunswick County
RECEIVED
JUL 14 1015
w6o.wi
127 Cardinal Drive Ext., Wilmington, North Carolina 26405-3645
Phone: (910) 796-72151 FAX: 910-395-39641Internet: www.nccoastalmanagement.
An Equal Opportunity 1 Affirmative Action Employer — 50% Recycled 1,10% Post Consume
Pat McCrory
Governor
N
NCDENR
North Carolina Department of Environment and Natural Resources
Division of Coastal Management
NOTICE OF VIOLATION
May 22, 2015
CERTIFIED MAIL 70110110 0000 99471584
RETURN RECEIPT REQUESTED
Joseph Nunnery
3875 Hickory View Drive SE
Bolivia, NC 28422
ocy
Donald S. Van der Vaart
Secretary
RE: NOTICE OF VIOLATION AND REQUEST TO CEASE UNAUTHORIZED DEVELOPMENT
CAMA VIOLATION#15-09D
Dear Mr. Nunnery:
This letter confirms that on May 12, 2015, 1 was onsite at a property adjacent to your property located at
3875 Hickory View Drive SE adjacent to the Lockwood Folly River located in the Sunset Harbor
Community, off Sunset Harbor Road, Brunswick County, North Carolina. During the visit I observed the
unauthorized development of a two-story floating house moored to the pier within the Lockwood Folly River.
This letter also confirms our May 18, 2015 phone call notifying you of this letter.
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 Environment and Natural Resources. 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 the construction of a
fully enclosed two story house mounted on a floating platform on the aforementioned property. This activity
took place in Coastal Wetlands, Estuarine Waters, and Public Trust Waters that are contiguous with the
Lockwood Folly River. Coastal Wetlands, Estuarine Waters, and Public Trust Waters areas are designated
as Areas of Environmental Concern (AEC). No CAMA 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 $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.
RECEIVED
MAY 2 7 2015
127 Cardinal Drive Ext., Wilmington, North Carolina 28405-3845 rFFY
Phone: (910) 796-7215\ FAX: 910-395-3964 \ Internet: www.ncooastalmanagement.net
An Equal opportunity \ Affirmative Action Employer— 50% Recycled \ 10% Post Consumer Paper
Joseph Nunnery
May 22, 2015
Page 2 of 2
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. 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.
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. Pending further review of this matter, a determination will
be made and you will be notified of a restoration plan for the impacted coastal resources. 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.
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.
Sincerely,
Holley Snider
Coastal Management Representative
Cc: Tara MacPherson, Field Specialist, DCM
Debra Wilson, District Manager, DCM
Roy Brownlow, Compliance Coordinator, DCM
Connie Marlowe, Brunswick County
RECEIVED
MAY 2 7 2015
owbo-wlrly �-"
127 Cardinal Drive Ext., Wilmington, North Carolina 284053845
Phone: (910) 796-7215\ FAX: 910395-3964 \ Internet: www.nocoaslalmanagement.net
An Equal Opportunity \ Affirmative Action Employer— 50% Recycled \ 10% Post Consumer Paper
DCM
ENFORCEMENT
TRACKING
REPORT
Issuer
Field R
sG i
❑
Violation Base No.
LPO FOKVII
L ❑
A B C D
LPlrViviri
CID.
Violated Permit No.
(if applicable)
Violation Descri
Initial Discovery Date '
Description
Respondent
mid WtflAIN
Discovery Method
Violations in same
City
Fax #
activity permittable? Yes /
Yes ti No
(Landow
`� State
Email
Violation Type:
Project Type:
Authorizations Required:
Site Visits Respondent Site Visits
Respondent
No Permit
Private/Community
Major
�CAMA
Present
tn�ri /r
✓; S ❑
P
❑
❑resent
Permit Condition
❑ Govt./Public
❑ Minor
❑ D&F
❑ Expired Permit
❑ Commercial
❑ General
❑
❑
❑ Inconsistent wl Rules
— ❑
❑
Violation Location and Site 1 DescriptiYon,
Project Location: County u��1s�V aj
Phone # ( ) River Basin 1.4 M lot" r
Adj. Wtr. Body.
Closest Maj. Wtr. Body_Alw LOJ
Restoration��,,�/,�
NOV Date
CNOV Date
Penalty Assessment
Sent to Respondent Date
Rcvd. by Dist. Mgr. Date
Assessment Extended Yes
Initial Req. Comp. Date
Date Comp. Observed
AppJPermit Fee
Penalty
No Willful/intent.
Continuing
Other
Rover File
Shoreline Length
SAM Not Sure
Yes
Sandbags: Not Sure
Yes
PNA:
Yes
ORW:
Yes
Crit. Hab.
Yes
Photos
Yes
Waiver Required
Yes
In DWQ Buffer Area
Yes
Specify DWQ Buffer if applicable:
RECEIVED
—
MAY 27 2M
No
MbxrtiwAkYbMw
0
No
Adjacent
No
Adjacent
No
No
No
O (/
tv
No
Extension Granted Yes
Restoration Letter
Acceptance Date
No
7J.0409 Ref.
Recomm. Assess.
DCM Assess.
S
S
S
S
S
S
S
S
$
Is
d
Total
I
Fdrmal Assessments, Appeals and Reductions
Date Long Form Submitted Assessment Appealed Yes No
Date Formal CPA Submitted
❑ Penalty modified
Final Assessment S _ Date
Attorney General's Office for Injunction or Formal Collection
Date sent to AG _ ❑ Respondant not responsive to penaltylNOV ❑ Injunction to complete restoration
Date Collection Let. Sent Date Demand Let. Sent
Violation Activities and Impacts
AECs Affected: Wetlands Impacted? Yes / No If yes, which types:
CW EW PTA ES PTS
OEA HHF IH SA DS Cl SY 1R LS TY
SS SC SP IF BF 404
PWS FC.
Restoration Required by the Respondent Yes / No
Dimensions in excess Dimensions to restore Final dimensions Actually restored
of permit/ unauthorized activities allowed
Development Activities
Habitat Description
NOTES:
RErEIVEB
Closing
Payment Received $__. Date Date Case Closed
NAME: �� � N�IuinYi-t
CASE NO.: 105~
CASE NOTES
DATE
TIME
NOTES
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RECEIVED
MAY 2 7 1015
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A�ye�r��s
G CDENR
North Carolina Department of Environment and Natural Resources
Division of Coastal,Management
Pat McCrory
Governor
NOTICE OF VIOLATION
May 22, 2015
CERTIFIED MAIL 7011 0110 0000 99471584
RETURN RECEIPT REQUESTED
Joseph Nunnery
3875 Hickory View Drive SE
Bolivia, NC 28422
Donald S. Van der Vaart
Secretary
RE: NOTICE OF VIOLATION AND REQUEST TO CEASE UNAUTHORIZED DEVELOPMENT
CAMA VIOLATION #15-09D
Dear Mr. Nunnery:
This letter confirms that on May 12, 2015, 1 was onsite at a property adjacent to your property located at
3875 Hickory View Drive SE adjacent to the Lockwood Folly River located in the Sunset Harbor
Community, off Sunset Harbor Road, BrunswickCounty, North Carolina. During the visit I observed the
unauthorized development of a two-story floating house moored to the pier within the Lockwood Folly River.
This letter also confirms our May 18, 2015 phone call notifying you of this letter.
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 Environment and Natural Resources. 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 the construction of a
fully enclosed two story house mounted on a floating platform on the aforementioned property. This activity
took place in Coastal Wetlands, Estuarine Waters, and Public Trust Waters that are contiguous with the
Lockwood Folly River. Coastal Wetlands, Estuarine Waters, and Public Trust Waters areas are designated
as Areas of Environmental Concern (AEC). No CAMA 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 $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.
127 Cardinal Drive Ext., Wilmington, North Carolina 28405-3845
Phone: (910) 796-72151 FAX: 910-395-39641Internet: www.nccoastalmanagement.net
An Equal opportunity 1 Affirmative Action Employer— 50% Recycled 110% Post Consumer Paper
It Joseph Nunnery
May 22, 2015
Page 2 of 2
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. 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.
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. Pending further review of this matter, a determination will
be made and you will be notified of a restoration plan for the impacted coastal resources. 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.
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.
Sincerely,
Holley Snider
Coastal Management Representative
Cc: Tara MacPherson, Field Specialist, DCM
Debra Wilson, District Manager, DCM
Roy Brownlow, Compliance Coordinator, DCM
Connie Marlowe, Brunswick County
127 Cardinal Drive Ext., Wilmington, North Carolina 28405-3845
Phone: (910) 796-7215\ FAX: 910-395-39641Internet: www.n000astaimanagement.net
An Equal Opportunity 1 Affirmative Action Employer —50% Recycled 110% Post Consumer Paper
x.(_4r ,.., ,.
NSDENR ONO"�'.$�%F!' `:jW? U.S.P0.STAGE>> RrNEv eowEs
Division of Coastal Management 262,
Wilmington47 lNC've 28405ensicn }'mac kla 'f '17 !`• 2-1 L`k 02 In111111 934$ 06.486
7011 0110 0000 9947 1584
RECEIVED UNCLAIAAcn'
DCM WILMINGTON, NO N -1E 2,b 5=_ 1004 0006/25/1.5
i
JUN292015 RETURN TO SENDER 1
ATTEMPTFrn - NOT KNOWN p
UNABLE TO FORWARD 9
BC 28405540627 *21,48-01771-23-45 ,l
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SENDER: COMPLETE THIS SECTION COMPLETE THIS SECTION ON DELIVERY
■Complete items 1, 2, and 3. Also complete A. signature
item 4 if Restricted Delivery is desired. ❑ Agent
.i ■ Print your name and address on the reverse x ❑ Addressee
so that we can return the card to you. B. Received by ( Printed Name) C. Date of Delivery
■ Attach this card to the back of the mailpiece,
or on the front if space permits.
D. Is delivery address different from item 1? ❑ Yes
1. Article Addressed to: If YES, enter delivery address below: ❑ No
Joseeh Wnine
3`b' 5 kkayy
olwia� N�C
2(1 ZZ
3. S ice Type
Certified Mail ❑ Express Mall
❑ Registered ❑ Return Receipt for Merchandise
❑ Insured Mail ❑ C.O.D.
4. Restricted Delivery? (Extre Fee) ❑ yes
2. Article Number 7011 0110 0000 9947 1584
(frenslar from service labs
PS Form 3811. February 2004 Domestic Return Receipt tozsss-oz-Masao