05-25D Moeller

FILE MEMORANDUM
TO:
ROY BROWNLOW, COMPLIANCE COORDINATOR
FROM:
M. TED TYNDALL, ASST. DIRECTOR
SUBJECT:
VIOLATION CASE CLOSURE RECOMMENDATIONS
DATE:
02/01/2012
CC:
RONDA BENNETT
Investigation has disclosed information that warrants discontinuation of enforcement action on
the case listed below. Therefore, based upon staff's review and circumstances in this case, I
hereby authorize closing/discontinuing CAMA Violation case No.:
02/01/2012
M. TED TYNDALL. Assistant Director Date

TOWN OF WRIOHTSVILL.E BEACH
MUNICIPAL COMPLEX 321 CAUSEWAY DRIVE • P.O. BOX 626
WRIGHTSVILLE BEACH. N.C. 28480 • 910-256-7900
NOTICE OF VIOLATION
April 12, 2005
CERTIFIED MAIL
RETURN RECEIPT REQUESTED
Dennis Moeller
232 Causeway Drive.
Wrightsville Beach, NC 28480
RE NOTICE OF WOLA770M AND REQUEST TO CEASE UNAUTHORIZED
DEVELOPMENT
CAMA MINOR WOLA77ON#0525-D
Dear Mr. Moeller.
This letter is in reference to the March 21, 2005 meeting on Mr. Robert Moulton's property 805
South Lumina. This. property is located adjacent to the Ocean Hazard AEC in Wrightsville Beach.
At the March 21, 2605 meeting A was determined that the construction of the retaining wall at 805
South Lumina is occurring at a location other than that shown on the: plans approved by CAMA and
distributed to the adjacent property owners. The purpose of the onsite meeting was to investigate
unauthorized development on the aforementioned property. In addition, Mr. Tony Wilson, Building
Code Administrator and Local Permit Officer, conducted a series of meetings regarding the
retaining wall expansion and relocation, as well as a variety of other concems at 805 South
Lumina These meeting are summarized in the table below:
Date
Parties aftading
Issues Discussed
March 21 2005
Bill Blair Mark Maynard
Retaining wall -sand
April 1 2005
T Bill Blair Mark Maynard
Retaining wati-sand
Information gathered by the Local Permit Officer and/or the NC Division of Coastal Management
indicates that your actions as contractor for Robert Moulton are in violation of the Coastal Area
Management Act (CAMA). Per 15A NCAC 07JO405 "in order to modify a permitted project the
applicant must make a written request to the Department showing in detail the proposed
modifications."
I

i have information that indicates you have undertaken or are legally responsible for expansion and
relocation of the retaining wall at 805 South Lumina without appropriate notification to the Town or
the adjacent property owners. This activity took place in the Ocean Hazard AEC contiguous with
the Atlantic Ocean. No permit or permit modification was issued for relocation and expansion of
the retaining wall at 805 South Lumina. Based on these findings, I am initialing an enforcement
action by issuing this Notice of ➢/iolafoon for violation of the Coastal Area Management Act
I request that you immediately CEASE ARID DESIST any further development and contact me
about this matter. A civil assessment of up to $250 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 $250. An Injunction or criminal
penalty may also be sought to enforce any violation in accordance with N.C.G.S. 11 3A-1 26.
It is the policy of the Coastal 'Resources Commission to assess a minimum civil penalty $50.00
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.
(lased upon the North Carolina Administrative Code, Title 15A, Subchapter 7J.0409(%5)(F)(ii), the
.policy of the Coastal Resources Commission is to levy a civil assessment against contractors in
addition to that assessed against the landowner. Therefore, since this is your Second CAMA
violation at 805 South Lumina Avenue, a civil assessment of $200.00 will be levied against you.
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 immediate
future to determine whether this REQUEST TO CEASE AND DESIST has been compiled with. I ,
request that you contact me immediately about these important matters.
In order for a permit modification to be issued the adjacent property owners must be notified of the
changes to the retaining wall and sign notifications verifying that they understand the change and
approve the development to move forward. If adjacent property owners are unwilling to sign the
modification notifications, a new minor permit for the retaining wall must be obtained. A' minor
permit application for development of the retaining wall was received by the Town of Wrightsville
Beach on April 1, 2005. Until the permit is issued or a modification can be issued, no work on the
retaining wall may proceed at 805 South Lumina
Sincerely,
fwltlw.otq:: PZ, uA {
Melinda F. Powell
Local Permit OfficedDevefopment Code Administrator
cc: Ted Tyndall, Assistant Director, DCM
Jim Gregson, District Manager, DCM

Roy Brownlow, Compliance Coordinator, DCM
Rob Mairs, Field Officer, DCM
Tracie Davis, Director of Planning and Parks
Tony Wilson, Building Code Administrator, LPO.
.r