07-42D McCauley

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.: 07 _ c(Z 0
M. TED TYNDA L, Assistant Director
02/01/2012
Date

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NCDENR
North Carolina Department of Environment and Natural Resources
Division of Coastal Management
Michael F. Easley, Governor James H. Gregson, Director William G. Ross Jr., Secretary
NOTICE OF VIOLATION
June 21, 2007
CERTIFIED MAIL
RETURN RECEIPT REQUESTED
Mr. Stanley McCauley
801 Vernon Drive
Jacksonville, NC 28540
RE: NOTICE OF VIOLATION AND REQUEST TO CEASE UNAUTHORIZED DEVELOPMENT
CAMA VIOLATION#07-42D
Dear Mr. McCauley:
This letter confirms that on May 25, 2007, Debbie Wilson, DCM Field Representative and I were onsite at
your property located at 108 Clipper Lane adjacent to Bumps Creek located in or near Sneads Ferry, off
Peru Road, Onslow County, North Carolina. The purpose of the visit was to investigate unauthorized
development of installing floating docks or structures and the mooring or docking of additional vessels to
your dock within Bumps Creek. This letter also confirms our June 13, 2007 conversation about this
unauthorized development.
Information gathered by me for the Division of Coastal Management indicates that you have undertaken
major development 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. This requirement is imposed
by North Carolina General Statute (N.C.G.S.) 113A-118.
I have information that indicates you have undertaken or are legally responsible for installing two (2)
floating docks or structures measuring 4 feet in -width and 18 feet in length adjacent to your existing pier
and bulkhead and the mooring or docking of four (4) additional vessels to your dock on the aforementioned
property. This activity is taking place in Estuarine Waters and the Public Trust Areas that are contiguous
with the Bumps Creek. 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 unauthorized development within
designated Areas of Environmental Concern. Based upon the North Carolina Administrative Code, Title
15A, Subchapter 07H. State Guidelines for Areas of Environmental Concern, if the activity you have
undertaken, the installation of two floating docks or structures in the Estuarine Waters and the Public Trust
Areas AEC(s), is not consistent with Section 15A NCAC 71-1.0208, which regulates the size and location of
127 Cardinal Drive Ext., Wilmington, North Carolina 28405-3845
Phone: [phone] FAX: [phone] Internet: www.nccoastalmanagement.net
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f Mr. Stanley McCauley
June 21, 2007
Page 2 of
docks and piers, you will be required to restore all affected areas to their conditions prior to the
unauthorized development activity. A civil assessment of up to $2,500 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 up to $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 levy a minimum civil assessment of $350 not to
exceed $2,500 against all violations. This is done to recoup some of the costs of investigating violations
and/or to compensate the public for any damage to its natural resources. Whether a higher amount will be
assessed depends on several factors, including the nature and area of the resources that were affected
and the extent of the damage to them. If the requested restoration is not undertaken and completed
satisfactorily, a substantially higher civil assessment will be levied and a court injunction will be sought
ordering restoration.
In order to determine if the aforementioned unauthorized development activity may have been permitted via
the CAMA Permit process and to determine if the activity is consistent with the North Carolina
Administrative Code, Title 15A, 7H. State Guidelines for Areas of Environmental Concern, I am requesting
that you provide me with the following:
1) Documentation from the US Army Corps of Engineers authorizing the two (2) new floating
structures to remain at 108 Clipper Lane. The contact person is Dave Timpy.
2) Documentation from the NC Division of Marine Fisheries stating that they have no objection to
the installation of the two (2) new floating structures. The contact person is Fritz Rhode.
3)You must provide proof of notification of adjacent riparian property owners and no significant
objections from these adjacent riparian property owners.
Please be advised the ability of the floating docks to remain is dependent upon the Coastal Resources
Commission not agreeing with the ruling of the Administrative Law Judge's requirement that your existing
dock be moved 20' landward of its current location.
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. If you have any questions about
this or related matters, please call me at [phone]. Pending your submission of the requested
documentation, you will be notified as to the amount of a civil assessment for undertaking development
without first obtaining the proper permit(s).
127 Cardinal Drive Ext., Wilmington, North Carolina 28405-3845
Phone: [phone] FAX: [phone] Internet: www.nccoastalmanagement.net
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Mr. Stanley McCauley
June 21, 2007
Page 3 of 3
Sincerely,
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Jon W Giles Jr
Coastal Management Representative
Cc: M. Ted Tyndall, Assistant Director, DCM
Roy Brownlow, Compliance Coordinator, DCM
Dave Timpy, USACOE
Fritz Rhode, NC DMF
Merideth Jo Alcoke, Assistant Attorney General
Andrea Frazier, Onslow County LPO
127 Cardinal Drive Ext., Wilmington, North Carolina 28405-3845
Phone: [phone] FAX: [phone] Internet: www.nccoastalmanagement.net
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