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Home My WebLink About17-16D JamesT:a Coastal Management ENVIRONMENTAL OUALITY NOTICE OF VIOLATION June 27, 2017 CERTIFIED MAIL 7014 2120 0000 8055 4591 RETURN RECEIPT REQUESTED James Jones 4522 Dean Drive Wilmington, NC 28405 RE: NOTICE OF FAILURE TO APPLY FOR CAMA PERMIT Case #17-16D Dear Mr. Jones: ROY COOPER Governor MICHAEL S. REGAN secretary BRAXTON C. DAVIS Director This letter is in reference to my May 8, 2017 site visit onsite at 0 Dunbar Landing Road property off Dunbar Road adjacent to Pages Creek, located in Wilmington, New Hanover County, North Carolina. The purpose of the onsite meeting was to investigate unauthorized development on the aforementioned property. This letter also references our May 10, 2017 site visit and May 11, 2017 phone conversation regarding this matter Information gathered by me for the Division of Coastal Management indicates that your actions as contractor for Dunbar Landing HOA are in violation of the Coastal Area Management Act (CAMA). No person or entity may undertake major development in a designated Area of Environmental Concern (AEC) without first obtaining a permit from the North Carolina Department of Environmental Quality pursuant to the North Carolina General Statutes (N.C.G.S.) 113A-118. I have information that indicates you have undertaken or are legally responsible for the replacement of the fixed pier measuring approximately 60 feet in length by 6 feet in width (360 square feet) on the aforementioned property. This activity took place in the 75 ft. Estuarine Shoreline Area that is contiguous with Pages Creek Public Trust and Estuarine Waters Area. This area of Pages Creek is also classified as Primary Nursery Area (PNA) by the Marine Fisheries Commission (MFC). Estuarine Shorelines, Estuarine Waters, and Public Trust Areas are designated as Areas of Environmental Concern (AEC). No CAMA permit was issued to you for work in these Areas. 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. RECEIVED JUL 0 7 2017 State of North Carolina I Environmental Quality l Coastal Management Wilmington Office 1 127 Cardinal Drive Extension I wimington. North Carolina 21MO5 9107%7215 DCM- MHD CITY James Jones Page Two Failure to file an application or continuation of work after receipt of this Notice may constitute a violation of the Coastal Area Management Act and you may be subject to civil and/or criminal penalties as provided by N.C.G.S. 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 $10,000. An injunction or criminal penalty may also be sought to enforce any violation in accordance with N.C.G.S. 113A-126. In this case, there will be no assessment levied against you. If you continue to violate the CAMA, you should consider yourself forewarned and expect a civil penalty to be levied against you consistent with the North Carolina Administrative Code, Title 15A, Subchapter 7J, Section .0409, as adopted by the Coastal Resources Commission. 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. Please feel free to contact me at 910-796-7423 if you have any questions. erely, Courtney ears Coastal anagement Representative Cc: Debra Wilson, District Manager, DCM Roy Brownlow, Compliance Coordinator, DCM Christine Bouffard, LPO Dunbar Landing HOA c/o Paul Miller, 7520 Dunbar Road, Wilmington, NC 2849TIi RECEIVED JUL 0 7 2017 DCM- MHD CITY State of North Carolina I Environmental Quality I Coastal Management Wihnhgion Office 1 127 Cardinal Drive Extension I Wilmington North Carolina 28405 910 796 7215 :; q)� 14 t40-44 M ENFORCEMENT TRACKING REPORT Ia Rep C ��]{ LW' >��! r r VioladonCaseNo. �-ILen liar�c6 Re . /S�YI ❑ l (I 0 Sb�fdj 4111 � k- El (if No. (ffapplicable) Violation Description Initial Discovery Date Discovery Method Violation Description j ala-a-1 atfl'M fixed L Kesponaent Information Prior CAW or LYF Violations:` RespondentName(s) t[ wklk� Jager )OK Address /y12� r�( Lk mye Phone # 6 10 `/-Q q rP3 -;—? Fax City Was activity permittable? es x �Or�e�.�cf/cl 4 bfj IMA Ffo State Zip 4 Violation Type: Project Type: Authorizations Required: Site Visits Respondent Site Visits Respondent No Permit Private/Community ❑ Major IQ( CAW PresentPreesssent Permit ConditionGovt./Public tumor YQ D&F 5 � l Expired Perrind n Commercial General ( � Inconsistentw/Rules Tier Level: Oil III I] Violation Location and SiteDescription Lat/Long �7`5kd S�rr y7. W 3y`/(�`j}•p�'� Project Location: County Ne�1 ffi(Lf1161r�. Shoreline Length T 41py' Street Address/ State Road/ Lot #(a) QLt Gt{ t YPA SAV: Not sure Yes 49 �'� r Sandbags Not Sure Yes GN Subdivision �,j,triftdiN PNA No Adjacent City �LL�NL[�101CUt^ IP �� ORW. Yes Z21� �l Adjacent ^ ,, Grit. Hab. Yes No 'C f SLI Phone # ( _) River Basin 144416 4k Photos 6r No o Adj. Vuh. Body -- � ' man /unlar) Waiver Required Yes In DWO BufferArea Yes ClosestMej. VW. Body Gyi y Specify DNA Buffer if applicable:lla Restoration NOV Date GNOV Date D— Extension Granted Yes No Initial Req. Comp. Date Restoration Letter Qate Comp. Observed Acceptance Date Penalty Assessment Sent to Respondent Date Rcvd. by Dist. Mgr. Date Assessment Extended RECEIVED 7 Z017 7J.0409 Pef. Recomm. Assess. DCM Assess. $ $ $ $ Total DCM- MHD CITY 1U,U �NGti kW � • �'-U� V-41, IZ"�I Formal Assessments, Appeals and Reductions Date Long Form Submtted AssessmentAppealed: Yes No Date Formal CPA Submitted Penalty modified Final Assessment$ Data Attorney General's Office for Injunction or Formal Collection Date sent to AG Respondent not responsive to penalty/NOV n Injunction to complete restoration Date Collection Letter Sent Date Demand Letter Sent Violation Actitities and Impacts AECsAffected* Wetlands Impacted? Yes/ No If yes, whichtypes: CW EW PTA ES PTS OEA HHF IH UBA WA SA DS cJ SY JR LS TY PVYS: FC: SS Sc SP IF BF 404 Restoration Required by the Respondent Yes / No """"""""" 0w.. Dlmenslonsto restore ofpennit/ unaulhor¢edactivities mpmertActivities ice., ,pu�u 1 NOTES: dimensions allowed Payment Received $ Date Date Case Closed Actually restored M