04-33D B & J Construction

AMA
NCDENR
North Carolina Department of Environment and Natural Resources
Division of Coastal Management
Michael F. Easley, Governor Charles S. Jones, Director William G. Ross Jr., Secretary
NOTICE OF VIOLATION
rNtnhar 9A 7004
CERTIFIED MAIL 7002 2410 0003 1721 1407
RETURN RECEIPT REQUESTED
Joel Klass
B & J Construction
998 Cypress Lake Circle, SE
Bolivia, NC 28422
hOV 0 9 7004
Morehead City DCM
RE: NOTICE OF VIOLATION AND REQUEST TO CEASE UNAUTHORIZED DEVELOPMENT
CAMA VIOLATION #04-33 -,T,>
Dear Mr. Klass:
This letter is in reference to my September 14, 2004 site visit on the Donna Dill/RJW Investments property
at 3871 Hickory View Road at the Lockwood Folly River in the community of Sunset Harbor in Brunswick
County, North Carolina. The purpose of the onsite meeting was to investigate unauthorized development
on the aforementioned property. This letter also confirms our phone conversation on or about September
15, 2004, in which we discussed my visit.
Information gathered by me for the Division of Coastal Management indicates that your actions as
contractor for Donna Dill/RWJ Investments are in violation of the Coastal Area Management Act (CAMA) as
well as the State's Dredge and Fill Law. 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 pursuant to the North Carolina General Statutes (N.C.G.S.) 11 3A-1 18.
I have information that indicates you have undertaken or are legally responsible for constructing a bulkhead
waterward of the location authorized by CAMA General Permit 38917 D, issued to Donna Dill/RWJ
Investments on the aforementioned property. This activity took place in the Estuarine Shoreline and
Coastal Wetlands that are contiguous with the Lockwood Folly River. The Estuarine Shoreline and Coastal
Wetlands 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
Violation for violation of the Coastal Area Management Act and the State's Dredge and Fill Law.
I request that you immediately CEASE AND DESIST any further development and contact me about this
matter. A civil assessment of up to $2,500 may be assessed against any violator. Each day that the
127 Cardinal Drive Ext., Wilmington, North Carolina 28405-3845
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Joel Klass
Page 2
October 28, 2004
development described in this Notice is continued or repeated may constitute a separate violation that is
subject to an additional assessment of $2,500. 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 minimum civil penalty $200 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 Act 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 pursuant to N.C.G.S.113-229.
Since this is your first documented offense as a contractor in these designated Area(s) of Environmental
Concern, there will be no assessment levied against you in accordance with the North Carolina
Administrative Code, Title 15A, Subchapter 7J.0409(f)(4)(F)(i). However, if you continue to violate the
Coastal Area Management Act, you should consider yourself forewarned and expect a civil assessment 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. 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 about these important matters.
Sincerely,
Caroline Bellis
Coastal Management Representative
cc: Ted Tyndall, Assistant Director, DCM
Jim Gregson, District Manager, DCM
Roy Brownlow, Compliance Coordinator, DCM
Connie Marlow, LPO Brunswick County
Tom Ferrell, USACOE Wilmington