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