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HomeMy WebLinkAbout05-55D Melton04-Jan-06 NC DIVISION OF COASTAL MANAGEMENT ENFORCEMENT RECORD CASE NUMBER LAST NAME FIRST NAME BUSINESS NAME: 05-55D MELTON DARRELL O CASE IS CLOSED Previous Violations in Same ❑ AEC for Similar Activities NOV DATE CLOSURE DATE Elapsed Days AFFLILIATION SECTOR 10/7/2005 $g 1PROPERTY OWNER PRIVATE MAILING ADDRESS CITY STATE ZIP CODE PHONE NUMBER 520 OLD BARN LANE BESSEMER NC 280167(704) 718-8403 PROPERTY ADDRESS COMMUNITY WATERBODY NEAREST ROAD 1951 W. SEA AIRE CANAL S. 1SUPPLY AIWW SR 1236 DISTRICT OFFICE COUNTY DCM REPRESENTATIVE LPO CONTACT WIRO 19RUNSWICK 17VILSON IF MARLOWE VIOLATION TYPE -AFFECTED-AEC(S). ❑ CW ❑ EW ❑ PTA ©ES ❑ PTS MINOR CAMA ❑ OEA ❑ HHFA ❑ IHA ❑ PWS ❑ NCRA NATURE OF VIOLATION AEC DESCRIPTION 30' BUFFER ZONE Unauthorized minor development by constructing an open, uncovered deck in excess of 200 square feet within 30' of the normal high water level in the ES AEC adjacent to the Sea Aire Canal located off the AIWW. RESTORATION STATUS RESTORATION REQUEST DATE COMPLETION DATE �11 1 11/4/2005 1 ❑ RESTORATION NOT REQUIRED - CONTRACTOR RESTORATION EXTENDED RESTORE DATE ❑ RESTORATION NOT REQUIRED - PERMITTABLE DEVELOPMENT © DEADLINE EXTENDED 1 /3 /2006 ❑ RESTORATION NOT REQUIRED - FURTHER IMPACTS ❑ REFERRED TO AG'S OFFICE -INJUNCTION ❑ RESTORATION PENDING INJUNCTION REFER DATE: I ❑ REFERRED TO AG'S OFFICE - COLLECTION { COLLECTION REQUEST DATE: I PENALTY STATUS ASSESSMENT DATE PENALTY AMOUNT COLLECTION DATE AMOUNT COLLECTED ❑ PENALTY ISSUED PENALTY NOT ISSUED ❑ WILLFUL & INTENTIONAL PENALTY (MIN. OR DOUBLED) ❑ CNOV ISSUED F—CNOV DATE ❑ CONRACTOR'S FIRST OFFENSE ❑ PENALTY APPEALED APPEAL DATE ❑ FORMAL CPA ISSUED FORMAL CPA DATE ❑ SETTLED. AGREED UPON. STIPULATED PENALTY SETTLEMENT DATE ❑ UNCOLLECTIBLE PENALTY I UNCOLLECTIBLE DETERMINATION DATE Violations Involving Adversely Impacted Resources AMOUNT OF ADVERSELY DISTURBED AREA (SQ. FT.) AMOUNT OF RESTORED AREA (SQ. FT) NOTES ED 19 DEC 2006. 27-Jan-06 NC DIVISION OF COASTAL MANAGEMENT ENFORCEMENT RECORD CASE STATUS ----- - ---' CASE NUMBER LAST NAME FIRST NAME BUSINESS NAME: •: CASE IS OPEN I 05-55D JIMELTON DARRELL CASE IS CLOSED Previous Violations in Same NOV DATE CLOSURE DATE Elapsed Days gFFLILIATION SECTOR AEC for Similar Activities 10/7@005 „ E/s'; PROPERTY OWNER PRIVATE MAILING ADDRESS CITY STATE ZIP CODE PHONE NUMBER 520 OLD BARN LANE BE RVF NC 28016- (704) 718-8403 PROPERTY ADDRESS COMMUNITY WATERBODY NEAREST ROAD 1951 W. SEA AIRE CANAL S. SUPPLY AIWW SR 1236 DISTRICT OFFICE COUNTY DCM REPRESENTATIVE LPO CONTACT WIRO BRUNSWICK IWILSON 1C. MARLOWE VIOLATION TYPE AFFECTED AEgS) --' CW EW �._' PTA V- ES ';.] PTS MINOR CAMA j OEA ' _' HHFA 1 IHA PWS NCRA NATURE OF VIOLATION AEC DESCRIPTION 30- BUFFER ZONE Unauthorized minor development by constructing an open, uncovered deck in excess of 200 square feet within 30' of the normal high water level in the ES AEC adjacent to the Sea Aire Canal located off the AIWW. REMR I ION STATUS E/1 RESTORATION REQUIRED J RESTORATION NOT REQUIRED - CONTRACTOR RESTORATION NOT REQUIRED - PERM117ABLE DEVELOPMENT L RESTORATION NOT REQUIRED - FURTHER IMPACTS ❑ RESTORATION PENDING ASSESSMENT DATE PENALTY STATUS F— [� PENALTYISSUED RESTORATION REQUEST DATE COMPLETION DATE 11/4/2005 1 1/19/2006 RESTORATION EXTENDED RESTORE DATE DEADLINE EXTENDED 1 /3 /2006 ❑ REFERRED TO AG'S OFFICE - INJUNCTION INJUNCTION REFER DATE: ❑ REFERRED TO AG'S OFFICE - COLLECTION COLLECTION REQUEST DATE: F— PENALTY AMOUNT COLLECTION DATE AMOUNT COLLECTED ❑ WILLFUL R INTENTIONAL PENALTY (MIN. OR DOUBLED) ❑ PENALTY NOT ISSUED ❑ CNOV ISSUED F—CNOV DATE ❑ CONRACTOR'S FIRST OFFENSE ❑ PENALTY APPEALED —APPEAL DATE ❑ FORMAL CPA ISSUED FORMAL CPA DATE ❑ SETTLED. AGREED UPON. STIPULATED PENALTY SETTLEMENT DATE ❑ UNCOLLECTIBLE PENALTY r—UNCOLLECTIBLE DETERMINATION DATE Violations Involving Adversely Impacted Resources AMOUNT OF ADVERSELY DISTURBED AREA (SQ. FT.) AMOUNT OF RESTORED AREA (SO. FT) NOTES RESTORATION ISSUED 19 DEC 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.: d M. TED TYNDALL. Assistant Director 02/01/2012 Date Brunswick County Planning Department P.O. Box 249 d' 75 Courthouse Drive N.E., Bldg 1 Bolivia, NC 28422 CERTIFIED MAIL - 7001 1940 0007 0428 2782 n 20-Jan-06 Pg!N 2 3 2006 Mr. & Mrs. Darrell Melton Morehead City 0CM 520 Old Barn Lane Bessmer City, NC 28016 RE: RESTORATION ACCEPTANCE - CAMA VIOLATION #05-5513 Dear Mr. & Mrs. Melton: This letter is in reference to the Notice of Violation # 05-55D sent to you dated 19-Dec-05 for the unauthorized construction of open, uncovered decks within the Estuarine Shoreline in or near the Sea Aire Canal. The violation took place on your property located at 1951 W. Sea Aire Canal off of Sea Aire Ddve (SR 1236) in or near Supply in Brunswick County, North Carolina. This unauthorized activity constituted development and you were requested to reduce the open, uncover decks to no more than six feet (6) in width. In accordance with the North Carolina Administrative Code, Title 15A, Subchapter 7J.0410, any violation involving development which is inconsistent with guidelines for development with Areas of Environmental Concern (AEC) must be corrected by restoring the project site to pre -development conditions to recover lost resources or to prevent further resource damage. I conducted a site visit at the aforementioned property on 19-Jan-06 to inspect the restoration of the unauthorized activity addressed in the Notice of Violation 05-55D. Based on this inspection, it has been determined that the restoration appears to have been accomplished to the satisfaction of this Division. Upon my submission of an enforcement report, you will be notified as to the amount of the civil penalty for undertaking this unauthorized activity within an Area of Environmental concern. Thank you for your attention and cooperation in this matter. If you have any questions pertaining to this matter, please feel free to call me at 910.253.2034. Sincerely, ocv'� k7 <<�� Connie Marlowe (fib 2 Local Permit Officer Cc: Gale Stenberg, Minor Permit Coordinator, DCM Jim Gregson, District Manager, DCM Debbie Wilson, Field Representative, DCM Roy Brownlow, Compliance Coordinator, DCM Jeff Lee, Jeff Lee Builders (Certified Mail — 7001 1940 0007 0428 2799) TELEPHONE (910) 253.2025 • (800) 621.0609 • FAX (910) 253.2437 raJswwi Brunswick County Planning Department P.O. Box 249 .o tl 75 Courthouse Drive N.E., Bldg i Bolivia, NC 28422 CERTIFIED MAIL — 7001 1940 0007 0428 2768 [IMUTO IR Mr. & Mrs. Darrell Melton 520 Old Barn Lane Bessemer City NC 28016 RE: Notice of Violation #05-55D 1951 W. Sea Aire Canal SW Dear Mr. & Mrs. Melton: / ?sf�' 4r, J1A ,9 orot7eatj City DCM This letter is in reference to your letter dated 31-Dec-05 as well as a telephone conversation with Mrs. Karen Melton on 03-Jan-06 with respect to the Notice of Violation #05-55D. As previously stated in your letter and our conversation, you have agreed to reduce the open, uncovered decks to a maximum of six feet (6') in width. As result, the current open, uncovered decks must be in compliance [six feet (6) in width] no later than 20-Jan-06. Please call my office once the open, uncovered decks have been reduced to six feet (6') in width as soon as possible to expedite your moving forward with obtaining the necessary inspections to occupy your home. Thank you for your attention and cooperation in this matter. If you have any questions, please feel free to call me at 910.253.2034. Si cerel Connie Marlowe Local Permit Officer C: Gale Stenberg, Minor Permit Coordinator, DCM Tim Gregson, District Manager, DCM Debbie Wilson, Field Representative, DCM Roy Brownlow, Compliance Coordinator, DCM Jeff Lee, Jeff Lee Builders (Certified Mail — 7001 1940 0007 0428 2775) TELEPHONE (910) 253.2025 • (800) 621.0609 • FAX (910) 253.2437 X Brunswick County Planning Department P.O. Box 249 75 Courthouse Drive N.E. Bldg I Bolivia, NC 28422 CERTIFIED MAIL — 7000 1940 0007 0428 2546 19-Dec-05 Mr. & Mrs. Darrell Melton 520 Old Barn Lane Bessemer City NC 28016 RE: NOTICE OF VIOLATION #05-55D 1951 W. Sea Aire Canal SW Dear Mr. & Mrs. Melton: This letter is in reference to the Notice of Violation Number 05-55D sent to you dated 07-Oct-05 for unauthorized construction of open, uncovered decks within the Estuarine Shoreline adjacent to Sea Aire Canal. After extensive review of the propo$ed violation, it has been determined by the NC Division of Coastal Management and my office that the current open, uncovered decks can remain provided they are no more than six feet (6') in width. Your immediate attention is requested in resolving this matter. Please provide a written response to my office no later than 03-Jan-06 regarding how you intend to proceed. Thank you for your attention and cooperation in this matter. If you have any questions, please feel free to call me at 910.253.2034. rrr Sincerely, 00" QaXkTVV< Connie Marlowe Local Permit Officer C: Gale Stenberg, Minor Permit Coordinator, DCM Jim Gregson, District Manager, DCM Debbie Wilson, Field Representative, DCM Roy Brownlow, Compliance Coordinator, DCM Jeff Lee, Jeff Lee Builders (Certified Mail — 7001 1940 0007 0428 2359) TELEPHONE (910) 253.2025 • (800) 621.0609 • FAX (910) 253.2437 IVIGIIVII/LUV VIVIdUVI10 Subject: Melton/Lee Violations From: Roy Brownlow <Roy, Brownlow@ncmail. net> Date: Tue, 29 Nov 2005 13:40:45 -0500 To: "Connie Marlowe" <cmarlowe@brunsco.net> CC: Jim Gregson <Jim.Gregson@ncmai1.net>, Ted Tyndall <Ted.Tyndall@ncmail.net>, Charles Jones <Charles.S.Jones@ncmail.net> Connie: Hope this finds you doing well. I could not remember if I had called you on the matter involving Darrell Melton and Jeff Lee builders and the decks constructed in the buffer. However, after careful review and consideration of this matter, DCM has determined that the structures need to be brought into compliance as per your restoration agreement (i.e., remove deck area in excess of 200 sq.ft. from within the buffer). Call me if you have any questions pertaining to this matter. Regards, Roy Roy Brownlow, Compliance Coordinator NC Division of Coastal Management NC Department of Environment and Natural Resources 400 Commerce Ave Morehead City, NC 28557 Phone: 252.808.2808 FAX 252.247.3330 Toll Free: 888.912.CAMA 1 of 1 :9ry �^i �!Dh.'t. 7•�.ay<: `7 � r'; C•'r}'v::T.:� ,rni � i3}'i . "Ion.6J2r 11!�vLj•.51 t"%Q `fiF'!'Q- £+1Nt?ii!.i'.:`f bl!,(�� aT[ PWIT OT : 9P '�'r"„717(7 i'•_''t JG ic} I.'1I [,_ 'r!}p'`\:;r-!CJ 1; I�. .,�.:�� �('•�_.�' :-iflL��. h,.'i... �.:)�. _ � i (•iU „rj �i E3iTIJri�rl�i;501 :•1 i IT- �U7,1.i ..-. Oro • I hOki "sw 1 krnr` Q -0 -.. osm sit t :.. ,. f I'}:yllC:') bN ! °i il4Ca ':i:l:t'1 'tJf'1 [i�UQJ I ✓;tjiVc: : OAS wmmpf w tO J91) ?U.'.i )C n1 ,.. !U ', !'..,__9r,ii-S` "i.i 1.:r ON! n:.J' nfr '.t'Aw ! 2 A w SJ . VI'd MO It r7 .,:fit' it :'.m 101) ,1 �. rn,ba .4:.uptct•', .'yv,.Sl n y `y Nov 01 05 03:27p 0. N IFF %3 BL5t IL FO wso�a` Jeff Lee 910-846-2230 e v 6• a SEA AfRf CAJkIAL SW VICINITY MAP — � M IS A PKM SET IRF'�^ .i'oAr QIN C/l RDAD r� pPt: a 6.7T 'On• _ 7 A AIRS CAA'AL 11N6 PARO3 OF LAND. FDDA9 IN F=. DANPA As m S 50.44� `O F LOT 47 3 > J?-?*- f�66� �NNL FOONO 0 LY flDmZ -i51 N.9IRANCZ RAVE 1 -w 8'viLT_:D _TJA= AK INT NNN3 F® TOIIYD R 3=2 D3M C AS FOLUM pF LINN PM FONA F M6 2S gm MN $MR SET D ON MAN �VA I'd REAR fHH FROM I!= NO1N U -`- 6 n1 9AY DN RWNT CF L(YF SORVEY OF x 7 LOT 4,B SMAAjPXCAPTP% FOR DARRELL C-. & Y-AREN L. MELTON 195i $CA AM CANAL Sig �•: '� Hmn➢ 13eACK NC 26462 •_ LOCKNOOD FULLY 703YNS➢? — 6RJAa-'btO( cCJNiI�—_ CP.IH GPROLNA fOlC r•'��U O FTt , 2 s i Q, 'Sin 9r0u,,-A— 9.5' AW^ sr+u-L AkL C0 vni"Y id)A -e r 9 Nov 01 05 03:26p Jeff Lee 910-846-2230 VA(HA p.2 MINOR DEVELOPMENT PERMIT 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 concem pursuant to Section 113A-118 of the General Statues, "Coastal Area Management" Issued to Darrell & Karen Melton, authorizing development I,, Estuarine Shoreline at 195i W. Sea Aire Canal SW Supply NC 28462 requested in the permittee's application, dated I1-Ntar-O5. This permit, issued on 24=Mar=DS, 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 (1) A silt fence or natural buffer must be positioned between any land disturbance and adjacent waters or wetlands. In no case, shall erosion of disturbed areas result :in deposition of this material into adjacent waters or wetlands. (2) All proposed development and associated constructiou must be done in accordance with the permitted work plat drawings(s) [Single Family Residence+Above Ground Septic/Driveway] submitted on I1-Mar-05. (3) All construction must conform to the N.C. Building Code requirements artd all other local, Stat: and Federal regulations, applicable local ordinances and FEMA Flood Regulations. (4) Any change or changes in the plans for development, construction, or land use activities will require a re-evaluation and modification of this permit. Conditions continued on second page 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 pamill must be on the project site and accessible to the permit officerwhen the project is inspected for cemp'.IWM. 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, 2000. 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. Loco a 4Asnon' Connie Marlowe LAMA L beat Permit Official PO Box 249 Bolivia NC 28422 Pennitlee (signature required if condmons a e apply to permit) I Nov 01 05 03:27p Jeff Lee 910-846-2230 p.3 (5) All development projects, proposals, and designs shall limit the construction of impervious surfaces and areas not allowing natural drainage to only so much as is necessary to adequately service the major purpose or use for which the lot is to be developed. Impervious surface areas shall not exceed 30% of the lot area within the 75 feet Area of Environmental Concern. However, no construction of a single-family dwelling shall occur within 30 feet of normal water level [Excluding Open Uncovered Deck]. (6) No impermeable surfaces shall be allowed over any functional part of the septic tank system. (7) All unconsolidated material resulting from associated grading and landscaping shall be retained on site by effective sedimentation and erosion control measures. (8) All disturbed areas shall be vegetatively planted and mulched within fourteen days of construction completion. (9) The first floor elevation must be in compliance with Federal Flood Insurance Rate Map Elevations. (10) Pursuant to 15 NCAC, Subchapter W 0406(b), this permit may not be assigned, transferred, sold or otherwise disposed of to a third -party unless done so by the Director of the Division of Coastal Management. (11) A building permit and zoning compliance must be obtained prior to any construction. Hov 01 05 03:28p Jeff Lee 810-846-2230 p.5 ri-or- glperru rr.te 01711/ CENERAL INFORMATION LAND OWNER Name1)c,Ty-r11 L trCit Address .52-D al ), I kr +- Cite 0.eSSemer C'a±:j stateytlL tip 2V016 Phone 709'7tS'$i0 AUTHORIZED AGENT Name 'JerF LT Al4rS Address 33-70 kj&i- . 94PLk Ciry StoOle _State r✓L zip a046a Phone Om-$4?-061 -33b7-1371 LOCATION OF PROJECT: (Address. street name and!or directions to site. If not oceanfront. n'har is the name of till adiacenticaterbodc.) 1111S1 t tf5t S0a i'X' ee al c t rt �C41 DESCRIPTION OF PROJECT: (List ail proposed construction and land disturbance.) E•i tA- tN 6:,? %ta LSt SIZE OF LOTIPARCEL: 5003 square feet • IPi acres PROPOSED USE: Residential (Single-family—liulti-fancily — 1 Comme ciahlndusttia! — Other TOTAL ENCLOSED FLOOR AREA OF A BUILDING IN THE OCEAN HAZARD AREA OF F.NN'iRON- MENTAL CONCERN (AEC): -a 8 ab square feet lincludes all floors and roof covered decks! SIZE OF BUILDING FOOTPRINT AND OTHER ISIPERVIOCS OR BUILT -UPON SURFACES IN THE COASTAL SHORELINE AREA OF ENVIRONMENTAL CONCERN (AEC)- tuts$ square uare feet (Calculations includes the alca of the roof drip line ofali buildin_ s. dtivcivays. covered decks. concrete or masonry patios. ctc.. that m•c tt'ithin the applicable AEC. Attach your calculations with the project thawing .1 Choose the AEC area that applies to your property: (I)within 75 feel of\ormal High Watertorthe Estuarine ShorclincAEC (Z)Nvithin 575 feet ol•Nonnal High'V\'ater for the Estuarine Shoreline AEC. adjaccnt to Outstanding Rernuree Waters (3 )within 30 feet ol'thc Public Trust Shoreline AEC (Contact your Local Permit Officer if you are not sure which AEC applies to your property. i STATE STOR)i\\CATER NIANAGE.IENT PEANUT: is the project located in an area subject to a State Slotm\valcr Mana,cmcni Permit issued by the NC ON ision of Watcr Quality". YES. Ii' yes. list the total built upon arearimpercious surface allowed for your 101 or parcel: S bO . square feet. Nov 01 05 03:28p Jeff Lee 910-046-2230 p.6 r'_ STATEMENT OF OWNERSHIP: I. nic undersigned. an applicant Tor a CA>AA minor dcceVopmem per»til. bCi»�_ 611117 the owner ohproperi4 in all M`m a person authorized to aci as an agent for purposes of applying fora CA.vtA minor dcvelopnhent permit. ecrtifi that the person listed as landoivuer on this application has a sieniticant interest in the real proncrn' desci•ihcd ihcrein. This interest can be described as: (check one) _am owner ur record tide. Title is tested ill %rvnSt_T. 4 IC to , sec Deed Book f pa,,c 10in the cvv +C L County Registry of Deeds. _an owner by virtue of inheritance. Applicant is an heir to the estate o probate liras in Counts. _if other interest. such as mitten co»iract or lease. explain below or use a separate sheet & attach To this application.. NOTIFICATION OF ADJACENT PROPERTY OWNERS: I furthermore certify that the folloti'ing persons are oivners of properties adjoining this properly 1 affirm dal I have eiven ACTUAL NOTICE to each of them concerning my intent to develop this property and to apply fbr a CA11A permit. (� (Name) (Address% (1) ALr lint Q.iC4icr1� i _ 161'i VaRT3a,Py e* a+i6-tv"A 1 Y/yc- 7,19001 (�i dr_if%_ laLF.cA E i vvifLNA 1114"1 SSA (dirt C-r,"al -&L., wL as�W6 (= ) (a) FOR DEVELOPERS IN OCEAN HAZARD AND ESTUARINE HAZARD AREAS: i acknoteledge that the land o%vner is aware that the proposed development is planned for im arcs ivhicb may be suseeptibic to erosion and'or flooding. ) acknowledge Thar the local permit officer has explained to me the particular hazard orobicmn associated with this lot. This explanation ivas accompanied by recommendations concerning stabilization and iloodproofing techniques. PERMISSION TO ENTER ON LAND: I furthermore verify that I am authorized to Grant and do in fact grant nemussion to the local permit officer and his agents to enter on the aforementioned lands in connection itith evaluating information related to this permit application. This application includes: general information (this form). a sire drawing as described on the back of this application. the oivnership siaremeni, the AEC hazard notice %there necessary. a check for S100.00 made payable to the locality. and am' information as may be provided orally by the applicant. 'rile details of rile application as described by these sources are incorporated without reference in any pemlit which map be issued. Deviation from these details %will constitute a violation of any permit.An' person developing in an AEC without permit is subicct to civil. criminal and administrative action. This the_ day of .12 O - , 20 Landowner or person authorize act; his agent for purpose of filing a CA\-lA permit application. Nov 01 05 03:29p Jeff Lee 910-846-2230 p.7 cs.lc orruiviza KVMIJ MT. AIRY, N.C. 27030 (336) 719-2999 DARRELL & KAREN MELTON 1951 WEST SEA AIRE CANAL SUPPLY, N.C. TOTAL LOT AREA 5,003 SQ. FT. TOTAL AREA IN A.E.C. 3,819 SQ. FT. TOTAL IMPERVIOUS AREA IN A.E.C. HOUSE & DECKS ........................................................ 1445 SQ. Ff. ® Allowable impervious area in A.E.C. = 1146 sq. ft. ® 1445 sq. ft. - 1146 sq. ft. = 299 sq. ft. 299 sq. ft. x 1.5 / 12 = 37 cu. ft. of stormwater containment required. • Utilizd gutters and downspouts draining to An EEE ZEE LAY drain system. Capacity of EEE ZEE LAY system = 3.75 cu ft / ft. ® Length of system required = 37 cu ft / 3.75 cu ft / ft = 10 ft. • EEE ZEE LAY system must be located a minimum of 25' from septic system. EEE ZEE LAY DETAIL rrts I- 05'd 2 l0_ 12_o5 Nov 01 05 03:29p Jeff Lee 910-846-2230 p.8 2112 SPRINGS ROAD MT. AIRY, NC 27030 (336) 719-2999 WEST SEA AIRE CANAL DRIVE EIP GRAVEL UP DRIVE \ SEPTIC SYSTEM S 1 A.E.C. PROPOSED HOUSE OPEN DECK DARRELL MELTON 1951 WEST SEA AIRE CANAL REPUTED OWNER SEA AIRE CANAL SCALE 1" - 20' 10-l2-0S Nov 01 05 03:26p Jeff Lee 310-846-2230 p.1 3370 Holden Beach Rd SW Supply, NC 2B462 Custom Homes Design Real Estate Sales To: Charles Jones From: Jeff Lee Builders Subject: Darrell Melton 1951 West Sea Aire Canal Supply N. C. 28462 Mr. Jones, Business: 910-842.6151 Fax:910-846-2230 Cell: 910-367-1370 Thank for taking time to look at the permit. If you have any question on this matter please call Jeff Lee at 901-367-1370 or Keith Logan 910-279-9161 I 4e, JI eff Lee 4 ' Brunswick County Planning Department P.O. Box 249 75 Courthouse Drive N.E., Bldg I Bolivia, NC 28422 CERTIFIED MAIL -7001 1940 0007 0428 4953 NOTICE OF VIOLATION 07-Oct-05 Darrell & Karen Melton 520 Old Barn Lane Bessemer NC 28016 I i 2005 Mo,U#lJ%jlu city pCM ✓�LSB '6--� RE: NOTICE OF VIOLATION AND REQUEST TO CEASE UNAUTHORIZED DEVELOPMENT CAMA MINOR VIOLATION #05-55D Dear Mr. & Mrs. Melton: This letter confirms that on 23-Sep-05, I was onsite at your property located at 1951 W. Sea Aire Canal SW, off State Road 1236, adjacent to Sea Aire Canal off the Atlantic Intracoastal Waterway (AIWW), near Supply, Brunswick County, North Carolina. The purpose of the visit was to investigate the unauthorized construction of open, uncovered decks within the Estuarine Shoreline adjacent to Sea Aire Canal. Information gathered by the Local Permit Officer 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 Environment and Natural Resources, North Carolina General Statutes (N.C.G.S.) 11 3A-1 18. I have information that you have undertaken, or are legally responsible for, minor development by the construction of an open, uncovered decks (that exceed 200 square feet), within 30' of Normal High Water on the aforementioned property. This activity took place in the Estuarine Shoreline AEC that is contiguous with Sea Aire Canal. The Estuarine Shoreline area is a designated Area of Environmental Concern (AEC). You[ permit (05-06) did not authorize deck construction of this configuration: 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 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 be sought to enforce any violation in accordance with N.C.G.S. 113A-126. _� .. , s, . .. .. i;: ' 'r,^ < r. ✓.�' 1 5 6 �'47 Y t � 1t� / e� .. v :-t �� r t L.' �� 4 3 1 4 t ryry A r � r v. � y t 9'; ,ws x r P a i �/ 1 07-Oct-05 Page 2 of 3 It is the policy of the Coastal Resources Commission to assess a minimum civil penalty of $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, ar 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, construction of open, uncovered decks (that exceed 200 square feet) within 30' of Normal High Water in the Estaurine Shoreline AEC(s), is not consistent with Section 15A NCAC 07H.0209(d)(10)(F), which states that decks/observation decks limited to slatted, wooden, elevated and unroofed decks shall not singularly or collectively exceed 200 square feet. Therefore, I am requesting that the open, uncovered decks constructed on the site be reduced to an area not to exceed 200 square feet collectively. 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 tome in the enclosed, self-addressed envelope within 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). Sincerely, Connie Marlowe Local Permit Officer Cc: Gale Stenberg, DCM Jim Gregson, District Manager, DCM Roy Brownlow, Compliance Coordinator, DCM ENCLOSURE 07-Oct-05 Page 3 of 3 RESTORATION PLAN For Darrell and Karen Melton CAMA Minor Violation 05-55D Property located at 1951 W. Sea Aire Canal SW, Brunswick County Submit a modified plan showing the reduction of open, uncovered decks to a size not to exceed 200 square feet collectively within 30' of Normal High Water. Once this plan has been submitted and approved, the decks shall be modified to accommodate the authorized dimensions. I, Darrell & Karen Melton, agree to complete this restoration to the satisfaction of the Division of Coastal Management and/or the Local Permit Officer by 04-Nov-05, or provide an explanation for non-compliance and a reasonable request for time 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 of the Coastal Resources Commission to levy a minimum civil assessment of $50. 00 and higher against all violations of this type depending upon the damage to the resources. If restoration is not undertaken or satisfactorily completed, a substantially higher civil assessment will be levied and an injunction sought to require restoration. TELEPHONE (910) 253.2025 - (600) 621.0609 • FAX (910) 253.2437 f FORM 1 LOCAL PERMIT OFFICER ENFORCEMENT REPORT FOR MINOR VIOLATIONS x <y DCM CASE NO. (Obtain from DCM office): PERMIT NO. (If Applicable): 05-55D LPO'S NAME: Donnie Marlowe LOCALITY: Brunswick County COASTAL MANAGEMENT REPRESENTATIVE: Debbie Wilson RESPONDENT'S NAME: Darrell & Karen Melton MAILING ADDRESS: 520 Old Barn I ane COUNTY: Rnlnswirk NEAREST/ADJACENT WATER BODY: Sea Aire Canal DATE OF ENFORCEMENT LETTER: 07-Oct-05 ADDRESS/LOCATION OF VIOLATION: 1951 W. Sea Aire Canal SW, Supply NC 28462 VIOLATION DESCRIPTION: Construction of open uncovered decks (that exceed 200 square feet) within 30' of Normal High Water of the Estuarine Shoreline adlacenl to Sea Aire Canal. VIOLATION TYPE: RIMINORCAMA ® VIOLATION OF PERMIT CONDITIONS/SPECIFICATIONS RESTORATION REQUESTED:;KYES NO❑ DATE RESTORATION REQUIRED FOR COMPLETION: 04-Nov-05 DATE RESTORATION COMPLETED (SITE INSPECTION DATE): AEC TYPE: ESTUARINE SHORELINE ❑PUBLIC TRUST SHORELINE OCEAN ERODIBLE AREA ❑HIGH HAZARD FLOOD AREA [-]INLET HAZARD AREA ❑UNVEGETATED BEACH AREA FOR DCM OFFICE USE ONLY RECOMMENDED ASSESSMENT AMOUNT: $ REFERENCE: 7J. DATE REPORT RECEIVED: DATE OF ASSESSMENT ASSESSED AMOUNT: $ DATE PAYMENT RECEIVED: AMOUNT RECEIVED: CLOSURE DATE: 17-Oct-05 NC DIVISION OF COASTAL MANAGEMENT ENFORCEMENT RECORD CASE STATUS CASE NUMBER LAST NAME FIRST NAME BUSINESS NAME: CASE IS OPEN I 55-55D IMELTON DARRELL CASE IS CLOSED Previous Violations in Same AEC for Similar Activities NOV DATE CLOSURE DATE Elapsed Days AFFLILIATION SECTOR 1017/2005 � PROPERTY OWNER PRIVATE MAILING ADDRESS CITY STATE ZIP CODE PHONE NUMBER 520 OLD BARN LANE BESSEMER NC 28016- (704) 718-8403 PROPERTY ADDRESS COMMUNITY WATERBODY NEAREST ROAD 1951 W. SEA AIRE CANALS ISUPPLY JAIWW ISR 1236 DISTRICT OFFICE COUNTY DCM REPRESENTATIVE LPO CONTACT WIRO BRUNSWICK WILSON C. MARLOWE VIOLATION TYPE AFFECTED AEC(S) CW EW PTA J ES PTS MINOR CAMA OEA HHFA IHA PWS ] NCRA NATURE OF VIOLATION AEC DESCRIPTION 30' BUFFER ZONE normal high water within the RESTORATION STATUS J RESTORATION REQUIRED constructing an open, uncovered deck exceeding 2UU square teet within 3U' of AEC adjacent to the AIWW. RESTORATION REQUEST DATE COMPLETION DATE 11/4/2005 �— RESTORATION NOT REQUIRED - CONTRACTOR RESTORATION EXTENDED RESTORE DATE ❑ RESTORATION NOT REQUIRED - PERMITTABLE DEVELOPMENT L� DEADLINE EXTENDED ❑ RESTORATION NOT REQUIRED - FURTHER IMPACTS ❑ REFERRED TO AG'S OFFICE - INJUNCTION INJUNCTION DATE: ❑ RESTORATION PENDING ❑ REFERRED TO AG'S OFFICE -COLLECTION COLLECTION REQUEST DATE: r— ASSESSMENT DATE PENALTY AMOUNT COLLECTION DATE AMOUNT COLLECTED ❑ PENALTY ISSUED WILLFUL & INTENTIONAL PENALTY MIN. OR DOUBLED) [_ PENALTY NOT ISSUED ❑ CNOV ISSUED �CNOV DATE ❑ CONRACTOR'S FIRST OFFENSE PENALTY APPEALED APPEAL DATE FORMAL CPA ISSUED FORMAL CPA DATE _ .SETTLED. AGREED UPON. STIPULATED PENALTY SETTLEMENT DATE UNCOLLECTIBLE PENALTY F—UNCOLLECTIBLE DETERMINATION DATE Violations Involving Adversely Impacted Resources AMOUNT OF ADVERSELY DISTURBED AREA (SO. FT.) AMOUNT OF RESTORED AREA (SQ. FT) NOTES