HomeMy WebLinkAbout14-05D MusselwhiteVIIV 4V•
Roy Brownlow, Compliance and Enforcement Coordinator, DCM
DCM Compliance and Enforcement Representative
LOCAL PERMIT OFFICER ENFORCEMENT REPORT FOR MINOR VIOLATIONS
CASE NO. (Obtain from DCM office): _n-0 b - PERMIT NO. (If Applicable):
LPO'S NAME: Lt V%ArA 'ICl %yl:�e'' IC LOCALITY::n r? �w 4Gk yV1>J e c ( O
COASTAL MANAGEMENT REPRESENTATIVE: �cs b� /Y 1 a (-5
RESPONDENT'S NAME:SSe��`�� a��L�� IC' MAILING ADDRESS: 13 a�, r end �ar
CITY: ) � M kn 0 n STATE: ivC- ZIP: aQ4i PHONE NO.: II0- 6 1 Z -.20 22,
COUNTY: Nrw CTG valf e g- NEAREST/ADJACENT WATER BODY:
PREVIOUS VIOLATIONS (CHECK LOCAL FILES AND CALL DCM OFFICE): NO Z YES
DATE OF ENFORCEMENT LETTER: (C1c rc. h l'j ;Zj0 1ZJ
ADDRESS/LOCATION OF VIOLATION, r x7 -r G_ , 0.-1- T>_ --r- 1 ,z-,
VIOLATION TYPE: [gMINOR CAMA VIOLATION OF PERMIT pp,,
CONDITIONS/SPECIE CATIONS 44 42b
TOP WORK ORDER (WORK IN PROGRESS) MAR 262014
RESTORATION REQUIRED: DYES D NO DATE REQUIRED FOR COMPLETION:
DATE RESTORATION COMPLETED - SITE INSPECTION DATE:
or PERMIT ISSUE DATE:
AEC TYPE: aIESTUARINE SHORELINE PUBLIC TRUST SHORELINE
OCEAN ERODIBLE AREA HIGH HAZARD FLOOD AREA
INLET HAZARD AREA PUNVEGETATED BEACH AREA
FOR DCM OFFICE USE ONLY
RECOMMENDED ASSESSMENT AMOUNT: $ REFERENCE: 7J. 0409
DATE REPORT RECEIVED:
DATE OF ASSESSMENT LETTER:
AMOUNT RECEIVED:
ASSESSED AMOUNT: $
DATE PAYMENT RECEIVED:
CLOSHRF ❑ATF
WILLFUL AND INTENTIONAL PENALTY: ❑ (ATTACH DOCUMENTATION)
15"� i „per `34Gckf1 1ed csi-,Tt+e.
RECEIVED
DCM WILMINGTON, NC
MAR 1 S 2014
NEW HANOVER COUNTY
PLANNING & INSPECTIONS DEPARTMENT
230 GOvERmwrr CENna DRIVE, Suez 110
WII,MIlHGTON, NORTH CAROLINA 28403
TELEPHONE (910) 79&7776 ct
FAX (910) 798-7053 _ I
r 2 (
Chris O Keefe, AICP
Planning & Inspections
Director
CERTIFIED MAIL
RETURN RECEIPT REQUESTED
Mr. & Mrs. Roy Musselwhite
1321 Salient Point
Wilmington, NC 28412
Dennis Bordeaux
Inspections Manager
NOTICE OF VIOLATION
March 13, 2014
Shawn Ralston
Planning Manager
MAR 2 6 0014
DCM-Aftcrm
RE: STOP WORK ORDER, AND NOTICE OF FAILURE TO APPLY FOR A CAMA
PERMIT
CAMA MINOR VIOLATION #14-05D
Dear Mr. & Mrs. Musselwhite:
This letter confirms that on March 12, 2014, I was on the property adjacent to your property
located at 1321 Salient Point adjacent to the Intracoastal Waterway located off Carolina Beach
Road, in or near Wilmington, New Hanover County, North Carolina. While on the neighboring
property observed a backhoe and several large pipes along the water's edge on property owned by
YOU.
No person may undertake minor development in a designated Area of Environmental Concern
without first obtaining a permit from the North Carolina Department of Environment and Natural
Resources, North Carolina General Statutes (N.C.G.S.) 113A-118.
I have information that you have undertaken, or are legally responsible, for minor development of
the installation of pipes on the aforementioned property. This activity took place in Estuarine
Shoreline that is contiguous with the Intracoastal Waterway. Estuarine Shoreline areas are
designated as Areas of Environmental Concern (AEC). No 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
Vwhdion for violation of the Coastal Area Management Act.
You are hereby requested to STOP WORK EWMEDIATELY and file the necessary application
with this office for a CAMA Minor Development Permit. NO WORK MAY PROCEED
UNLESS A PERMIT IS ISSUED. Failure to file an application or continuation o4Ekt@FVED
DCM WILMINGTON, NC
MAR 1 8 2014
1�
receipt of this Notice may constitute a violation of the Act and you may be subject to civil and/or
criminal penalties as provided by North Carolina General Statute (NCGS) 113A-126. Each day
the development continues, or is repeated after receipt of this Notice, may constitute a separate
violation and could result in further penalties or imprisonment for not more than sixty (60) days
or both (NCGS 113A-126).
Continuation of unauthorized work after receipt of this Notice may constitute a violation of the
Act and you may be subject to civil and/or criminal penalties as provided by North Carolina
General Statute (NCGS) 113A-126. 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 $1,000. An injunction or criminal penalty may also be sought to enforce any
violation in accordance with NCGS I I3A-126.
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
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)798-7068.
~�Sin ely,
�jiy�r'.t�'�,�GL�Uk.r�lG'1 �C61VBD
Linda E. Painter
Local Permit Officer MAR 2 6 2014
Cc: Debra Wilson, District Manager, DCM
Roy Brownlow, District Compliance and Enforcement Representative, DCM �MY
RECEIVED
DCM WILMINGTON, NC
MAR 1 8 9014
aunu w:
Roy Brownlow, Compliance and Enforcement Coordinator, DCM �p-
DCM Compliance and Enforcement Representative
LOCAL PERMIT OFFICERENFORCEMENTREPORT FOR MINOR VIOLATIONS
�j Ix
7
CASE NO. (Obtain from DCM office): tl-O r2 !2 PERMIT NO. (If Applicable):
LPO'S NAME: 1_tv,.-Acn Pa ,n±E'C LOCALITY::n e W �ay\o Se c Co
COASTAL MANAGEMENT REPRESENTATIVE:6
RESPONDENT'S NAME: �MIA 55 A w I� 1 C"' MAILING ADDRESS:
CITY: WI �Ivy ZIP: �n 0 n STATE: IZIP: ag�I ( PHONE NO,:r11Z �35 22
COUNTY: Nrw OvaJP ( NEAREST/ADJACENT WATER BODY: �rc.l Enoaje?l wo6o` WCA
PREVIOUS VIOLATIONS (CHECK LOCAL FILES AND CALL DCM OFFICE): Nog YES
DATE OF ENFORCEMENT LETTER: /11afcVN %3. ',QjCi'tq
ADDRESS/LOCATION OF VIOLATION: t So A I "P,, t- [ i� 1�
VIOLATION TYPE: MINOR CAMA VIOLATION OF PERMIT
CONDITIONS/SPECIFICATIONS
TOP WORK ORDER (WORK IN PROGRESS)
RESTORATION REQUIRED: RYES NO DATE REQUIRED FOR COMPLETION:
DATE RESTORATION COMPLETED - SITE
AEC TYPE: ESTUARINE SHORELINE'PUBLIC TRUST SHORELINE
OCEAN ERODIBLE AREA HIGH HAZARD FLOOD AREA
INLET HAZARD AREA PUNVEGETATED BEACH AREA
FOR DCM OFFICE USE ONLY
RECOMMENDED ASSESSMENT AMOUNT: $ REFERENCE: 7J. 0409
DATE REPORT RECEIVED: 4 • .;). I L j
DATE OF ASSESSMENT LETTER:
AMOUNT RECEIVED: --�
ASSESSED AMOUNT: $
DATE PAYMENT RECEIVED:
CLOSURE DATE
WILLFUL AND INTENTIONAL PENALTY: 0 (ATTACH DOCUMENTATION)
54c f, I rod a Tt e,-
fC-i--f 1
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:I EC;-=i V ED
,DCM WILMINGTON, NC
APR 0 4 2014
NEW HANOVER COUNTY
PLANNING & INSPECTIONS DEPARTMENT
230 GoVERNMEcvr CENTER DRIVE, SUITE 110
WILMINGTON, NORTH CAROLINA 28403
TELEPHONE (910) 798-7116
FAX (910) 798-7053
Chris O'Keefe, AICP
Planning & Inspections
Director
April 2, 2014
Mr, Roy Musselwhite
1327 Salient Point
Wilmington, NC 28412
RE: CAMA MINOR PERMIT • 14-11
PROJECT ADDRESSILOCATION —1327 Salient Point
Dear Mr. Musselwhite:
The enclosed permit constitutes authorization under the Coastal Area Management Act for you to proceed with your
project proposal. Please sign both sides of the two originals and return one signed original to this office within fifteen
(15) days after receipt of this letter. If the signed permit is not returned to us within the fifteen (15) days, the permit will
become void. Signing the permit and proceeding means you have waived your right of appeal described below.
Please retain the other original, as it must be available on site when the project is inspected for compliance.
If you object to the permit or any of the conditions, you may request a hearing pursuant to NCGS 113A-121.1 or 113-
229. Your petition for a hearing must be filed in accordance with NCGS Chapter 150B with the Office of Administrative
Hearings, 6714 Mail Service Center, Raleigh, NC 27611-6714, (919) 733-2698 within twenty (20) days of this decision
on your permit. You should also be aware that if another qualified party submits a valid objection to the issuance of
this permit within twenty (20) days, the matter must be resolved prior to work initiation. The Coastal Resources
Commission makes the final decision on any appeal.
The project plan is subject to those conditions appearing on the permit form. Otherwise, all work must be carried out in
accordance with your application. Modifications, time extensions, and future maintenance require additional approval.
Please read your permit carefully prior to starting work and review all project plans, as approved. If you are having the
work done by a contractor, it is to your benefit to be sure that he fully understands all permit requirements.
From time to time, staff will visit the site to monitor the project. However, if questions arise concerning permit
conditions, environmental safeguards, or problem areas, you may contact Linda Painter at any time for assistance at
910-798-7118. By working in accordance with the permit, you will be helping to protect our vitally important coastal
resources.
Sin rely,C��
Crfda Ems. P/(ainter, LPPO/O
APR 0 4 2014
cc: NC Division of Coastal Management
DC:Nf-MAD C11Y
NEW HANOVER COUNTY
Local Government
MINOR DEVELOPMENT
PERMIT
1414=11
Permit Number
as authorized by the State of North Carolina, Department of Environment,
and Natural Resources and the Coastal Resources Commission for development
In an area of environment concern pursuant to Section 113A-118 of the
General Statutes, "Coastal Area Management'
Issued to Roy F. Musselwhits, authorizing development in the Estuarine Shoreline (AEC) at 1327 Salient Point, in
Wilmington, NC, as requested in the permittee's application, dated March 14, 2014, This permit, issued on April 2, 2014,
is subject to compliance with the application and site drawing (where consistent with the permit), all applicable
regulations and special conditions and notes set forth below. Any violation of these terms may subject permittee to a
fine, imprisonment or civil action, or may cause the permit to be null and void.
This permit authorizes: Installation approximately 460 feet of 18" PVC water pipe and two drop inlets to improve drainage.
(1) All proposed development and associated construction must be done in accordance with the permitted work plat
drawings(s) dated received on March 14, 2014.
(2) All construction must conform to the N.C. Building Code requirements and all other local, State and Federal regulations,
applicable local ordinances and FEMA Flood Regulations.
(3) Any change or changes in the plans for development, construction, or land use activities will require a re-evaluation and
modification of this permit.
(4) A copy of this permit shall be posted or available on site. Contact this office at 798-7118 for a final inspection at
completion of work.
1tECEIVED
(Additional Permit Conditions on Page 2)
APR 0 4 2014
This permit action may be appealed by the permittee or other qualified persons
within twenty (20) days of the issuing date. From the date of an appeal, any
work conducted under this permit must cease until the appeal is resolved. This
permit must be on the project site and accessible to the permit officer when the
project is inspected for compliance. Any maintenance work or project
modification not covered under this permit, require further written permit
approval. All work must cease when this permit expires on:
DECEMBER 31, 2017
In issuing this permit it is agreed that this project is consistent with the local Land
Use Plan and all applicable ordinances. This permit may not be transferred to
another party without the written approval of the Division of Coastal
Management.
Linda E. Painter
CAMA LOCAL PERMIT OFFICIAL
230 Government Center Drive, Suite 110
Wilmington, NC 28403
PERMITTEE
(Signature required If conditions above apply to permit)
Name: Roy F. Musselwhite
Minor Permit # 14.11
Date: April 2, 2014
Page 2
(5) The amount of impervious surface shall not exceed 30% of the lot area within 75 feet of Normal High Water
(Estuarine Shoreline Area of Environmental Concern), in this case, no new impervious is authorized.
(6) Unless specifically allowed in 15A NCAC 07H. 0209(d)(10), and shown on the permitted plan drawing, all
development/construction shall be located a distance of 30 feet landward of Normal High Water. No portion of the
roof overhang shall encroach into the 30 ft. buffer.
(7) All unconsolidated material resulting from associated grading and landscaping shall be retained on site by effective
sedimentation and erosion control measures. Prior to any land -disturbing activities, a barrier line of filter cloth must
be installed between the land disturbing activity and the adjacent marsh or water areas, until such time as the area
has been properly stabilized with a vegetative cover.
(8) Any proposed for grading within the 30' buffer from the Normal High Water must be contoured to prevent additional
stormwater runoff to the adjacent marsh. This area shall be immediately vegetatively stabilized, and must remain in
a vegetated state.
(9) All other disturbed areas shall be vegetatively stabilized (planted and mulched) within 14 days of construction
completion.
SIGNATURE:
PERMITTEE
DATE:
tp' UCEIVED
APR 0 4 2014
DCM•MHD CITY