05-53D Newsome

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 staffs review and circumstances in this case, I
hereby authorize closing/discontinuing CAMA Violation case No.: 0 5 _ 5 ? jp
M. TED TYNDALL, Assistant Director
02/01/2012
Date

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NEW HANOVER COUNTY
INSPECTION SERVICES
230 Market Place Drive, Suite 110
WILMINGTON, NORTH CAROLINA 28403
TELEPHONE [phone]
FAX: [phone]
Ann S. Hines
Ctuef Zoning
Enforcement Official
CERTIFIED MAIL
RETURN RECEIPT REQUESTED
NOTICE OF VIOLATION
October 4, 2005
Mr. Mike Newsome
5005 Crown Pointe Lane
Wilmington, NC 28409
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RE: NOTICE OF VIOLATION AND REQUEST TO CEASE AUTHORIZATIED DEVELOPMENT
CAMA MINOR VIOLATION # CASE NUMBER 05 —53-D
Dear Mr. Newsome:
This letter confirms that on September 27, 2005, Robb Mairs, Field Representative for North Carolina Division of
Coastal Management and Patricia A. Roberts, CAM% Local Permit Officer, were onsite at your property located at
237 Chimney Lane, adjacent to the Atlantic Intercoastal waterway, located in near Wilmington, New Hanover
County, North Carolina. The purpose of the visit was to investigate land disturbing activity including installing a
retaining wall in the ORW/Estuarine Shoreline. No sediment or building materials can be allowed to enter the
marsh grasses or waters. A silt fence must be placed as part of the restoration plan and must be placed and
maintained between the disturbed area and any other 404 Wetlands or Coastal Wetlands to keep sediment from
entering those areas.
Information gathered by me and/or the NC Division of Coastal Management shows that you have undertaken
minor development in violation of the Coastal Area Management Act. No person may undertake minor
development in a designated Area of Environmental Concern without first obtaining a permit from the North
Carolina Department of Environmental and Natural Resources, North Carolina General Statutes (N.C.G.S.) 11 3A-
1%
I have information that you have undertaken, or are legally responsible for minor development by the installation
of a retaining wall approximately 163 linear feet landward of the wetlands, on the aforementioned property. This
activity took place in the ORW/Estuarine Shoreline AEC that is contiguous with the Atlantic Intercoastal waterway
;within the outstanding resource waters AEC. ORW/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 issuing the Notice of Violation forviolation of the Coastal Area Management Act.
i request that you immediately CEASE AND DESIST any further development and contact me about this
important 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 besought to enforce any violation
in accordance with N.C.G.S.113A-126.

ti

Mr. Mike Newsome -2- October 5, 2005
It is the policy of the Coastal Resources Commission to assess a minimum civil penalty of Fifty Dollars ($50.00)
against all violations of this type. 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 affected and the extent of the damage
to them. If restoration of the affected resources is requested, but is not undertaken or completed satisfactorily, a
substantially higher civil penalty will be assessed and a court injunction will be sought ordering restoration.
Based upon the North Carolina Administrative Code, Title 15A, Subchapter 07H, State Guidelines for Areas of
Environmental Concern, the activity you have undertaken, land disturbing activities including the installation of a
retaining wall in the ORW/Estuarine Shoreline, is not consistent with North Carolina General Statute (NCGS)
113A-126, which states that "failure to file an application or continuation of 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 the development continues, or is repeated after the
receipt of this Notice, may constitute a separate violation and could result in further penalties or imprisonment for
not more than (60) days or both (NCGS 113A-126)". Therefore, I am requesting that a silt fence be placed as part
of the restoration plan. The silt fence must be placed and maintained between the disturbed area and any other
404 Wetlands or coastal wetlands to keep sediment from entering those areas. Please refer to the enclosed
Restoration Agreement.
If you intend to cooperate with my request, please sign one of the attached Restoration Agreements and return it
to me in the enclosed, self-addressed envelope with ten (10) days of receipt of this letter. Failure to comply with
this request or respond back to this office prior to the requested deadline with an acceptable schedule for
compliance will be interpreted as a refusal to cooperate and will result in a Notice of Continuing Violation, as well
as a court injunction being sought ordering compliance
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.
Thank you for your time and cooperation in resolving this important matter. Upon completion of the restoration as
requested in the Restoration Plan Agreement to the satisfaction of the Division of Coastal Management, you will
be notified as to the amount of a civil assessment for undertaking development without first obtaining the proper
permit(s).
Sigc ly
i /
Patricia A. Roberts
CAMA Local Permit Officer
cc: Ed Brooks, Minor Permit Coordinator, DCM
Jim Gregson, District Manager, DCM
Roy Brownlow, Compliance Coordinator, DCM
Ann S. Hines, Chief Zoning Enforcement Official
ENCLOSURES:
FORM B
CAMA Application

RESTORATION PLAN
For
Mr. Mike Newsome
CAMA Minor Violation Case # 05-53-D
Property located at 237 Chimney Lane, New Hanover County
1. Provide a silt fence in the area that the 163 linear feet retaining wall was built.
2. The silt fence must be in place by September 27, 2005, and must be maintained between
the disturbed area and any other 404 Wetlands or coastal wetlands.
3. Notify adjacent property owners of the unauthorized development. I have enclosed a
CAMA application that has a sample letter that you can use to notify the adjacent
property owners of the unauthorized development.
I, Mr. Mike Newsome, agree to complete this restoration to the satisfaction of the Division of Coastal Management
or the Local Permit Officer by or provide an explanation for non-compliance and a reasonable
request for extension. When corrective actions are complete, I will notify the Local Permit Officer so the work can
be inspected.
SIGNATURE:
DATE:
It is the policy ofthe Coastal Resources Commission to levy a minimum civil assessment of$50.00 andlugheragainst all violations
of this type depending upon the damage to the resources. Ifrestoration is not undertaken or satisfactorily completed, a substantially
higher civil assessment will be levied and an injunction sought to require restoration.

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