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Home My WebLink About05-22D Merritt Marine Construction20-Apr-05 NC DIVISION OF COASTAL MANAGEMENT ENFORCEMENT RECORD CCASE STATU' ---- — ' CASE NUMBER LAST NAME FIRST NAME BUSINESS NAME: —I 05-22D IMERRITT JDAIL IMERRITT MARINE CONSTRUCTIO • CASE IS CLOSED NOV DATE CLOSURE DATE AFFLILIATION SECTOR PreVIOUS V1018t1005 ID Same AEC CONTRACTOR COMMERCIAL for Similar Activities 4/1/2005 �. �� MAILING ADDRESS CITY STATE ZIP CODE PHONE NUMBER POB 528 HOLLY RIDGE NC 28445- �— PROPERTY ADDRESS COMMUNITY WATERBODY NEAREST ROAD 720 CHANNEL BLVD TOPSAIL BEACH IBANKS CHANNEL F_ DISTRICT OFFICE COUNTY DCM REPRESENTATIVE LPO CONTACT WIRO IPENDER IGILES �— VIOLATION TYPE AFFECTED AEGIS) I cW J, EW J PTA ES PTS MAJOR CAMA OEA HHFA IHA PWS NCRA NATURE OF VIOLATION AEC DESCRIPTION ORATION STATUS_ -- RESTORATION NOT REQUIRED CONTRACTOR RESTORATION NOT REQUIRED - PERMITTABLE DEVELOPMENT ❑ RESTORATION NOT REQUIRED - FURTHER IMPACTS RESTORATION PENDING I_ RESTORATION REQUEST DATE {COMPLETION DATE '' I —� RESTORATION EXTENDED RESTORE DATE DEADLINE EXTENDED REFERRED TO AG'S OFFICE - COLLECTION 1 REFERRED TO AG'S OFFICE - INJUNCTION __ _ ASSESSMENT DATE PENALTY AMOUNT COLLECTION DATE AMOUNT COLLECTED NALrY STATUS ❑ PENALTY ISSUED LJ' PENALTY NOT ISSUED WILLFUL INTENTIONAL PENALTY (MIN. OR DOUBLED) ❑' CNOV ISSUED J' CONRACTOR'S FIRST OFFENSE SETTLED, AGREED UPON, OR STIPULATED PENALTY JI PENALTY APPEALED UNCOLLECTIBLE PENALTY ! ❑ FORMAL CPA ISSUED Violations Involving Adversely Impacted Resources AMOUNT OF ADVERSELY DISTURBED AREA (SQ. FT.) �— AMOUNT OF RESTORED AREA (SO. FT) F NOTES Also see case no. 05-21 D Gardner - leasee (leoally responsible agent) - Merritt is contractor for Gardner it/ �b AGPIA. 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 April 1, 2005 CERTIFIED MAIL # 7004 2890 0002 3425 2408 RETURN RECEIPT REQUESTED Dail Merritt Merritt Marine Construction P.O. Box 528 Holly Ridge, N.C. 28445 RE. NOTICE OF VIOLATION AND REQUEST TO CEASE UNAUTHORIZED DEVELOPMENT CAMA VIOLATION #05-22D Dear Mr. Merritt: This letter is in reference to my March 17, 2005 meeting onsite at the Topsail Island Historical Cultural Arts Council (The Assembly Building) property at 720 Channel Blvd., in Banks Channel in Topsail Sound, at or near Topsail Beach in Pender County, North Carolina. The purpose of the onsite meeting was to investigate unauthorized development on the aforementioned property. This letter also references. Information gathered by me for the Division of Coastal Management indicates that your actions as contractor for Dave Gardner are in violation of the Coastal Area Management Act (CAMA). 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.) 113A-1 18. I have information that indicates you have undertaken or are legally responsible for the installation of four mooring pilings on the aforementioned property. This activity took place in Estuarine Waters and Public Trust Waters that are contiguous with Banks Channel I Topsail Sound. Estuarine Waters and Public Trust 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. 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 maybe 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 $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. 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 immediate 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. S' cerely, (� Jon W. Giles Jr. Coastal Management Representative cc: Ted Tyndall, Assistant Director, DCM Jim Gregson, District Manager, DCM Roy Brownlow, Compliance Coordinator, DCM Jimmy Canady, LPO, Topsail Beach APR 1 1 '1005 Moreheau uq J;;N