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HomeMy WebLinkAbout05-14D Laque Center for Corrosion19-Apr-05 NC DIVISION OF COASTAL MANAGEMENT ENFORCEMENT RECORD CASE STA` W--- CASE NUMBER LAST NAME FIRST NAME BUSINESS NAME: 05-14D IRAINES ITIM LAQUE CENTER FOR CORROSIO • CASE IS CLOSED AFFLILIATION SECTOR NOV DATE CLOSURE DATE Previous Violations in Same AEC RESPONSIBLE AGE COMMERCIAL f� for Similar ACtIV111fS 3/7l2005 MAILING ADDRESS CITY STATE ZIP CODE PHONE NUMBER POB 656 WRIGHTSVILLE NC 28480- 1 PROPERTY ADDRESS COMMUNITY WATERBODY NEAREST ROAD 519 FORT FISHER BLVD KURE BEACH ATLANTIC OCEAN HW Y421 DISTRICT OFFICE COUNTY DCM REPRESENTATIVE LPO CONTACT WIRO IMAIRS D. IVEY VIOLATION TYPE MAJOR CAMA AEC TYPE OEA NATURE OF VIOLATION xlzed major development by commencing land disturbing activities involving the construction, operation ance of a wet detention pond, infiltration trenches, and utilty services within the OE AEC adjacent to the Ocean. - RESTORATION STATUS - -- - - -- - - --- - - - - -, RESTORATION REQUEST DATE COMPLETION DATE --'RESTORATION NOT REQUIRED CONTRACTOR �v RESTORATION NOT REQUIRED - PERMITTABLE DEVELOPMENT RESTORATION EXTENDED RESTORE DATE DEADLINE F_ ❑ ;RESTORATION NOT REQUIRED -FURTHER IMPACTS EXTENDED ❑ RESTORATION PENDING ',_] REFERRED TO AG'S OFFICE - COLLECTION -_I _ REFERRED TO AG'S OFFICE - INJUNCTION ASSESSMENT DATE PENALTY AMOUNT {COLLECTION DATE AMOUNTCOLLECTED - PENALTY STATUS — - - - � � 1 �.--$500 4/1/2005 $500 4/12/2005 $S00 [] PENALTY ISSUED ❑ PENALTY NOT ISSUED _i WILLFUL INTENTIONAL PENALTY (MIN. OR DOUBLED) ❑ CNOV ISSUED ❑ CONRACTOR'S FIRST OFFENSE J SETTLED, AGREED UPON, OR STIPULATED PENALTY i- PENALTY APPEALED UNCOLLECTIBLE PENALTY ❑ FORMAL CPA ISSUED Violations Involving Adversely Impacted Resources AMOUNT OF ADVERSELY DISTURBED AREA (SO. FT.) �+ AMOUNT OF RESTORED AREA (SQ. FT) NOTES AMA 45ENR North Carolina Department of Environment and Naturac�ad City Division of Coastal Management y D�,eUl Michael F. Easley, Govemor Charles S. Jones, Director William G. Ross Jr., Secretary April 12, 2005 Mr. Tim Raines c/o LaQue Center for Corrosion Technology, Inc. P.O. Box 656 Wrightsville Beach, N.C. 28480 RE. Payment of Proposed Penaltyfor Violations of the Coastal Area Management Act, New Hanover County CAMA Violation #05-14 D Dear Mr. Raines: This letter will acknowledge receipt of your Check # 1103, in the amount of $500, and dated April 8, 2005. Once the amount of the check is credited to the Department of Environment and Natural Resources' account, this matter will be fully and completely closed. If you have any further questions concerning this matter, please contact me at my Wilmington office, 395.3900. cerely, (jJimGregson rict Manager cc: Ted Tyndall, Assistant Director Roy Brownlow, Compliance Coordinator Robb Mairs, Coastal Management Rep. Dixon Ivey and Bill Hanna, Kure Beach LPO 127 Cardinal Drive Ext., Wilmington, North Carolina 28405-3845 Phone: 910-395-3900 \ FAX: 910-350-2004 \ Internet: www.nccoastalmanagement.net An Equal Opportunity \ Affirmative Action Employer— 50% Recycled \ 10% Post Consumer Paper DCM ENFORCEMENT TRACKING REPORT it Field Reps ° 6 55Uef /►ia 1Violation Base No. LPO 1>; YoJ =V, A B C�- -- LPJ Viol --tad Parrnit No. Violation Description Ae Was activity permittable?(M / No Initial Discovery Date ,3 O5 Discovery Method ld� d ji rsee ae4e-,4 G�d Viclation Description Iz i c'. \ /A� /s1.U.�-iwY LGd L.Ui S�4✓b i 4 /tP>r' (�rTL Respondent Information Prior Violations in same AEC: Yes / o Case Number ,01 RespondenttName(s) lorloStrA. Tt (Landowne AgendContractor) Address C` o . � C L� ` City �� i/f! ate A] 9Y0. 2S6 a� C Zip 2g�I�e Phone # Fax # —' Email I Vio on Type: Project Type: Au zations Requir Site Visits Respondent Site Visits Respondent No Permit PrivatelCommunit Ma cr CAMA y J Present Present L Permit Condition r Govt./Public _ Minor L D&F 3 3 `- 77 f=j Expired Permit _Commercial 1—General r Inconsistent wl Rules Violation Location and Site Description Project Location: County /�%!� l��✓�o�.� Rover File / Shoreline Length — Street Address/ State Road/ Lot #(s) 511 r*111 B/iM: _ ytV: NecSu:e Yes to Sandbags: Not Sure Yes 0 Subdivision PNA: Yes (aAcjacent n� �}g City UNL t3 LQG ZIP z�L(%'I• ORW: Yes a A;iacert Phcne # /1 /�� (�/O) S �i River Basin (trot / Phot s Photos Yes Yes t�% N Adj. Wtr. Body Af1A4,'Ve eA /man / kn) Waiver Required Yes Closest Maj. Wtr. Body yt7! In DWQ Buffer Area yes to Specify DWQ Buffer if applicable: Restoration ��/ NOV Date —�— o—�— Initial Req. Comp. Date _ Extension Granted Yes � CNOV Date _ Date Comp. Observed l! Restoration Letter Accep ee AccepDate Penalty Assessment 7J.0409 Ref. ! Recomm. Assess. ! DCM Assess. j Sent to Respondent Date / �f'0 I OS App./Permit Fee S ��/DO I S DD ) RcvdbyDCMDate Oc/-OpiOS Penaltytf�/A L IS /or S /pp Assessment Extended yes Willful/lntent $ S Continuing $ $ Total ik 5A9 ;f r- Formal Assessments, Appeals and Reductions Date Long Form Submitted Assessment Appealed Yes No Final Assassmant 5 nate Attorney General's Office for Injunction or Formal Collection ri"nv ,.. ..._ te.e .z_.�i_ Date sent to AG Respondant not responsive to penalty!.. 'J ct:ch tc __,..p... -_. ,tion Date Collection Let. Sent Date Demand Let. Sent Violation Activities and Impacts AECs Affected: Wetlands Impacted? Yes / No If yes, which types: CW EW PTA ES PTS OEA HHF IH SA DS CI SY JR LS TY PWS: FC: SS SC SP IF BF 404 Other: Restoration Required by the Respondent Yes / No Dimensions in excess I Dimensions to restore Final dimensions of permit) unauthorized activities. allowed Actually restored Activities Habitat Description NOTES: Closing ov Payment Received S. 50�0 • � Date Date Case Closed 4C�y/ps NCDENR North Carolina Department of Environment and Natural Division of Coastal Management Michael F. Easley, Governor Charles S. Jones, Director April 12, 2005 Mr. Tim Raines c/o LaQue Center for Corrosion Technology, Inc. P.O. Box 656 Wrightsville Beach, N.C. 28480 Resources Willia G. Ross Jr., Secretary RE. Payment of Proposed Penalty for Violations of the Coastal Area Management Act, New Hanover County CAMA Violation #05-14 D Dear Mr. Raines: This letter will acknowledge receipt of your Check # 1103, in the amount of $500, and dated April 8, 2005. Once the amount of the check is credited to the Department of Environment and Natural Resources' account, this matter will be fully and completely closed. If you have any further questions concerning this matter, please contact me at my Wilmington office, 395.3900. Z , son anager cc: Ted Tyndall, Assistant Director Roy Brownlow, Compliance Coordinator Robb Mairs, Coastal Management Rep. Dixon Ivey and Bill Hanna, Kure Beach LPO 127 Cardinal Drive Ext., Wilmington, North Carolina 28405-3845 Phone: 910-395-3900 \ FAX: 910-350-2004 \ Internet: www.nccoastalmanagement.net An Equal Opportunity \Affirmative Action Employer— 50% Recycled \ 10% Post Consumer Paper 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 April 1, 2005 CERTIFIED MAIL 7003 2260 0005 0986 8774 RETURN RECEIPT REQUESTED Tim Raines c/o LaQue Center for Corrosion Technology, Inc. P.O. Box 656 Wrightsville Beach, N.C. 28480 RE: CAMA VIOLATION #05-14 D Dear Raines: This letter is in reference to the Notice of Violation dated March 7, 2005 that Robb Mairs, representative for the Division of Coastal Management, issued to you for land disturbing activities at 519 Fort Fisher Blvd., New Hanover County. The violation involved the Ocean Erodible Area, which is areas of Environmental Concern designated by the Coastal Resources Commission. Based upon the site visit. conducted on March 10, 2005 by Robb Mairs, Field Representative for the N.C. Division of Coastal Management, and your formal submittal of a Express CAMA Major Permit application to Jason Dail, Express Permit Coordinator, on April 1, 2005, the restoration requested appears to be complete to the satisfaction of the Division of Coastal Management. The Coastal Area Management Act provides that a civil assessment of up to $2,500 may be assessed for any violation. It is the policy of the Coastal Resources Commission to assess a civil penalty for all violations in order to recover some of the costs of investigating violations and/or to compensate the public for any damage to its natural resources. Under the rules of the Coastal Resource Commission, a proposed civil penalty in the amount of $500 is appropriate for this violation. You may expeditiously. resolve this matter prior to the assessment of aformal civil penalty by accepting responsibility for the violation and paying the amount proposed above. In orderto do this, you must: (1) sign one of the attached copies of an "Agreement to Pay Civil Assessment;" (2) attach a check or money order for $500 made payable to the North Carolina Department of Environment and Natural Resources (NCDENR); and, (3) return the signed agreement and payment to this office in the enclosed, self-addressed envelope within ten (10) days of your receipt of this letter. Upon deposit of your check in the Department's account, you will receive a Notice of Compliance officially closing this enforcement action. 127 Cardinal Drive Ext., Wilmington, North Carolina 28405-3845 Phone: 910-395-3900 \ FAX: 910-350-2004 \ Internet: www.nccoastalmanagement.net An Equal Opportunity\Affirmative Action Employer— 50% Recycled \ 10% Post Consumer Paper Raines April 1, 2005 Page 2 of 3 If you do not send a signed agreement and payment to this office within ten (10) days, the Director of the Division of Coastal Management will formally assess a civil penalty against you. You will then have the opportunity to request a hearing on the penalty or request remission of the penalty. Thank you for your time and cooperation in resolving this important matter. If you have any questions, please do not hesitate to contact me at (252) 808-2808. Sincerely, Im regson, Distn t Manager APR 0 5 2005 ion of Coastal Management Morehead City DCM Enclosure cc: Ted Tyndall, Assistant Director, DCM Roy Brownlow, Compliance Coordinator, DCM Robb Mairs, Coastal Management Representative, DCM Dixon Ivey, LPO 127 Cardinal Drive Ext., Wilmington, North Carolina 28405-3845 Phone: 910-395-39001 FAX: 910-350-20041 Internet: www.nocoastalmanagement.net An Equal Opportunity 1 Affirmative Action Employer— 50% Recycled \ 10% Post Consumer Paper Raines April 1, 2005 Page 3 of 3 CAMA VIOLATION #05.14 AGREEMENT TO PAY PROPOSED CIVIL ASSESSMENT I understand that the staff of the Department of Environment and Natural Resources will propose the assessment of a civil penalty in the amount of $500 against me for violation of the Coastal Area Management Act, NCGS 113A-100 et sec , committed on or near my property 519 Fort Fisher Blvd. in New Hanover County, North Carolina. In order to resolve this matter with no further action or expense on my part, I accept responsibility for the violation as described in the Notice of Violation letter dated March 7, 2005, and agree to pay the proposed civil assessment of $500. DATE SIGNATURE ADDRESS "TECEPHONEWOMBER — — 127 Cardinal Drive Ext., Wilmington, North Carolina 28405-3845 Phone: 910.395-39001 FAX: 910-350-20041 Internet: www.nccoastaimanagement.net An Equal Opportunity 1 Affirmative Action Employer— 50% Recycled 110% Post Consumer Paper 13-Apr-05 NC DIVISION OF COASTAL MANAGEMENT ENFORCEMENT RECORD CASE STATUS --- I CASE NUMBER LAST NAME FIRST NAME BUSINESS NAME: 05 IM-14D RAINES TLAQUE CENTER FOR CORROSIO _ CASE IS CLOSED NOV DATE CLOSURE DATE AFFLILIATION SECTOR Previous Violations in Same AEC RESPONSIBLE AGE COMMERCIAL ❑ for Similar Activities 3/7/2005 F MAILING ADDRESS CITY STATE ZIP CODE PHONE NUMBER POB 656 WRIGHTSVILLE NC p647o. PROPERTY ADDRESS COMMUNITY WATERBODY NEAREST ROAD 519 FORT FISHER BLVD IKURE BEACH ATLANTIC OCEAN IHWY421 DISTRICT OFFICE COUNTY DCM REPRESENTATIVE LPO CONTACT WIRO NEW HANOVER MAIRS D. IVEY VIOLATION TYPE MAJOR CAMA AEC TYPE NATURE OF VIOLATION Unauthorized major development by commencing land disturbing activities involving the construction, operation, and maintenance of a wet detention pond, infiltration trenches, and utilty services within the OE AEC adjacent to the Atlantic Ocean. RESTORATION STATUS ❑ RESTORATION NOT REQUIRED -CONTRACTOR n RESTORATION NOT REQUIRED - PERMITTABLE DEVELOPMENT I RESTORATION NOT REQUIRED - FURTHER IMPACTS ❑ RESTORATION PENDING RESTORATION REQUEST DATE COMPLETION DATE RESTORATION EXTENDED RESTORE DATE ❑ DEADLINE EXTENDED REFERRED TO AG'S OFFICE - COLLECTION REFERRED TO AG'S OFFICE - INJUNCTION ASSESSMENT DATE PENALTY AMOUNT COLLECTION DATE AMOUNT COLLECTED i- PENALTY STATUS - 472005 5500 F- PENALTY ISSUED ❑ PENALTY NOT ISSUED I. WILLFUL INTENTIONAL PENALTY (MIN. OR DOUBLED) _, CNOV ISSUED ❑ CONRACTOR'S FIRST OFFENSE I_ j SETTLED, AGREED UPON, OR STIPULATED PENALTY PENALTY APPEALED UNCOLLECTIBLE PENALTY _ FORMAL CPA ISSUED Violations Involving Adversely Impacted Resources AMOUNT OF ADVERSELY DISTURBED AREA (SO. FT.) �- AMOUNT OF RESTORED AREA (SO. FT) F NOTES fL- _r NCDENR North Carolina Department of Environment and Natural Division of Coastal Management Michael F. Easley, Governor Charles S. Jones, Director NOTICE OF VIOLATION March 7, 2005 CERTIFIED MAIL 7002 2410 0003 17211254 RETURN RECEIPT REQUESTED Tim Raines CIO LaQue Center for Corrosion Technology, Inc P.O. Box 656 Wrightsville Beach, N.C. 28480 Resources William G. Ross Jr., Secretary RE: NOTICE OF VIOLATION AND REQUEST TO CEASE UNAUTHORIZED DEVELOPMENT CAMA VIOLATION #05.14 D Dear Mr. Raines: This letter confirms that on March 3, 2005, Bill Hanna and Dixon Ivey, Local Permitting Officers for the Town of Kure Beach, were onsite at your property located at 519 Fort Fisher Blvd. North, adjacent to the Atlantic Ocean located in or near the Town of Kure Beach, off Highway 421, New Hanover County, North Carolina. The purpose of the visit.was to investigate unauthorized development of land disturbing activities, which include the construction, operation and maintenance of a wet detention pond, infiltration trenches and utilities services. I have had conversations on March 4, 2005 with Mr. James Vatrt, President of Seawatch Homeowners Association and Ms. Cindy Wolf, architect for the Seawatch at Kure Beach project prior to issuing this notice of violation. 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 (LAMA). 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.) 11 3A-1 18. I have information that indicates you have undertaken or are legally responsible for land disturbing activities on the aforementioned property. This activity took. place in a Ocean Erodible Area that is contiguous with the Atlantic Ocean., The Ocean Erodible Area involved is 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 activities within designated Areas of Environmental Concern. 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 (N.C.G.S. 11 3A-126). 127 Cardinal Drive Ext., Wilmington, North Carolina 28405-3845 Phone: 910-395-39001 FAX; 910-350-20041 Intemet: www.ncco6staiman6gement.net An Equal. Opportunity1AFfirmative Action Employer — 50% Recycled 110% Post Consumer Paper It is the policy of the Coastal Resources Commission to levy a minimum civil assessment of $200 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. Based upon review of the Coastal Area Management Act, Coastal Resource Commission's rules, and the local jurisdiction's Land Use Plan, the activity you have undertaken appears consistent with the guidelines for Areas of Environmental Concern. Therefore, restoration of the impacted area is not requested at this time. However, please be advised that all work must cease and desist until you have completed permit procedures with the N.C. Division of Coastal Management, N.C. Division of Water Quality, N.C. Division of Land Resources and the Town of Kure Beach. 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 395.3900. Upon my submission of an enforcement report to the District Manager, you will be notified as to the amount of a civil assessment for undertaking development without first obtaining the proper permit(s). 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. Sincerel Robb Mairs' N.C. Division of Coastal Management Field Representative Cc: Ted Tyndall, Assistant Director, DCM Jim Gregson, District Manager, DCM n Roy Brownlow, Compliance Coordinator, DCM Dixon Ivey and Bill Hanna, LPO