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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 Shopping Cart I 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 JOSEPH ROLAN NUNNERY V VWner lnro vessel lnro rurcndac anro ou.nu+d+y Owner Detail: * Individual 0 Business (] Primary Owner Last Name: N,l9jU,,NERY{" Drivers Lic#: 497@604a„ First Name: ]OSEQkii a ,`.f `. Birth Date: OB/,2/++L•957J ^ ^^ .«. Middle Name: gGJt�NJ Phone: Suffix: " Email: Mailing Address Residential Address (Same as Mailing? 0 Yes * No ) Country: I Uwr1 Ep STATES,`°, +� �+ � . � Country: Address: 225j E8k, iSry a L•" Address: *8;HIC ORYf ULEWjDg�SE; , ;' City: RA((EIG}a91<• City: State: State: Zip: ?I/,601, "° - SSi33Y„ , Zip: 28!'2 - 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 / https://www.ncalvin.org/Alvin/Default.aspx.MenuTabID= 21&NavTabID_ 0&SiteID_ 0&T... 9/15/\ ALVIN L/ A BORDEAUX-NIXONA I Shopping Cart I Logoff I Close 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 .board,.pPropulsion: Ou_ _. Type. V. Old Hull Id: ° Vessel taxed county: I Brunswick V Make: Make: Horsepower: Horsepower: O Serial #: Serial #: Price: Price: _ I ,..,r lv;r, nro/Alvin/Default.asvx?MenuTabID=21&NavTabID=O&SiteID=O&T... 9/15/20` ALVIN Page 1 of 1 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 ALVTN Page I of 1 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 i5 3 m +Vrf �1d Q rV6U ►alos�aL /1815 t mkj V (vel &M `% 0 a Ig i 1 ABC �Unv%er Ce&+( a�►d co Cfr e , ✓' - I bu W Gomm . a l%v Gk 0�ikad . v! . 1/Lc4,, 4za,)u, ti/Ao Pvv 6 ► u - . I >� oOY- .6e. csf err.. El 51 /ipZ 0) Sl./ a,o► 0 0 C6I WR 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 USPS.com® - USPS Tracking'"' Rogistor I Sign In 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 Track Another Package Tracking (or receipt) number Track It E2�.i./ Customer Service > Have questions? We're here to help. Get Easy Tracking Updates r Sign up for My USPS. Available Actions Text Updates Email U pdates 8 Manage Incoming Packages Track all your packages from a dashboard. No tracking numbers necessary. Sign up for My USPS) *6 Ittps://tools.Lisps.con/gdTradrConfirmAcUon?tLaWs=7011+0110+0000+9947+1584 12 USPS.coi - USPS Trackin m Page 1 of 2 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 Track Another Package Tracking for recelpt) number Track it Register I Sign In Customer Service) Have questions? We're here to help. Get Easy Tracking Updates> Sign up for My USPS.com. Available Actions Text Updates Email Updates Manage Incoming Packages Trade all your packages hom a deshboam. No all your necessary. Sign up for My USPS.com > https://tools.usps.comlgolTrackConfim Action.action?tRef=fullpage&tLc=1&text28777=&t... 6/1/2015 M 6 Q t�oeF�� c� da°aet\1aa1 VoZ� 00 ,�e p��S G�PS�c <o�deg�C pCOPoae�a�a�e G� 0 paq, s\`e alaQ Fp\\�Gatp\\t` trade compE, pFp� 1 has°X\,aOO ° \° of \s\e� es`ra\1 oo\� e\! C\t°Q°s� will depen� IO 1�'LO��'t\° ��ve �oase \°9y°J er�\rdGP�PI ��Lf\t J\ted`e° °ova extent of the as �a1 e 0Nt`srca\\t`° aoe�` ps\� .Gl0'ose You are also it ljO�re� \ra\� e S�ttx°aa tOHr°°e s\a\�a e�`e�°e��t�s Ve pz�- �sv��� ae� s od 0 pN" Goa 0 , (,ot` des 0 OPP . \01 estuarine Department wate \\et °°r\\ ��e aoe\ eo °tt3\a�\0 i\s`0r°a Pre o'0ea\i,�a\Jta\ sQ°°sr\� °ape CrCatea'Oa0a °p\ also request t \r�1Pj y�\G*1-o�adeNO 01\t t\oe�eG°ast�Gt`d��eo\11g• \tea\\eta`O'00e \01 II.sat \p\r�Eotd`0\a\\ this matter as �R\°°stied pcp° �etiOrot�av4e �ri�t° �tgP prate o°\res\S1a\�s\`� rtpt�°o�aIto" \\0 civil action fol oa�\r Meta\s eted�� �o\a\\�\0t`a\eep\°& GSl aver°� C\ oft appo \a\pt. The relevan. arts\e Ito oa\c°eo\`°raaeeQae\�G �oaeao9Q\�aQ°raoaQtsso��lo�°e \ap\�`ear�d\p 021 a o \oQ o\ a� \a\° ade '�° a \e�' has \r`s °op \rs\ aseQ a\so be complying ade andt o \ova aae�e0o 1&tpGeoeta\S a\es� J °e�,�e e �y\ss�tr0 der\ will be made n the tpa\°t \re �ato\toa a�Sa� Jset°° �s\aaas ccs�pGP o t aede�reaa\eaR\a�\oa\Qe rpm A\ o\r ro oas' e\\at` 16, - Leo ire \sR` ePe pt complied with. I requ bA\Jo �a\\o ps\o�sle�a \a\� t°�P °t°e o�� cAs Gott °-po Opj Thank you for your time \radee o\°s °aQ�Iket er\a\pea�o0a�er �pccSs e0a5dpponr� P°`o\��6. P \�\\Y Q\ate Fops �\tot\� to`t\\ e°\P �p� OQ\es°\\� this or related matters, le, \e��ppa o\�°rgs \ ara9e� Leo\° Sincerely, \ a Pteese aptea�\a\e\o vQ\esprb sessoGe�\\r G°as\a oa\t°S�eo\met\\da\�\poaptda ea\rgJ��Qa�` \\\e a\ sse e\oQ as •\o to°es\ Pc\v e J�lec\\o a� \a\\oo Snider \ 0a\\et'aa�\rah\s totceao� �\aati 'Management Representative Ea°r voo\\oeoa�\O\� \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 �t w vQ U �W ok S w ' f G KWL I" " - �� wN � �w� �� ��1-�,� ✓Qwy � . 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 NorthCarolina Naturally \`{ 44 . � %tom }\� Ilk � > a \2t�� 4 E ***Jo�rA I- 6immtA `(:)� ovivivnW.00c� 1211 t? S� 3s I Q 60- 51 AON VWASO CZ r � � ui 71rr - k r c Y Sar ♦ �• �` � 6 P;n I s T r ?s 6�y `5��.,, '� ter " 4 • g k Q> f_ .1I a � � �r ra �i'1 s sl k� • r hi Jh b `+�' d C"Z— a =.J.A =T�� uPOIN Tfti; - 4w, 1 I NFL M M =20, = W A-Rm cps 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 l 13 el -1 v►�� it ' r dos V,QCVQ[ g WKWA Ua-w OtJid A , r - , Gornin . burn ca � s RECEIVE MAY 2 0 F�Nu-uur,y I is¢ 44 .• a -w RECEIVED MAY 2 7 1015 "" u�;uu-uany a�Y 1 IT i� r 6 '', . f ���� � � � � v1�al /F { i � C . 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 415 Z8405@5406 Il�rllrlllul�f�hll��ilhllll�ln11111�i1�'nlllnllllll��llt3 � 2942278 jVU J r 5 - Jri � 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