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Home My WebLink About05-567D Jeff Lee Builders17-Oa-05 NC DIVISION OF COASTAL MANAGEMENT ENFORCEMENT RECORD CASE STATUS -- _-_-- CASE NUMBER LAST NAME FIRST NAME BUSINESS NAME: • CASE IS OPEN I 05-56D ILEE JEFF JEFF LEE BUILDERS CASE IS CLOSED _ Previous Violations in Same AEC for Similar Activities NOV DATE CLOSURE DATE Elapsed Days AFFULIATION SECTOR 1017/2005 F ICONTRACTOR PRIVATE MAILING ADDRESS CITY STATE ZIP CODE PHONE NUMBER 3370 HOLDEN BEACH ROAD SUPPLY NC 26462- (910) 842-6151 PROPERTY ADDRESS COMMUNITY WATERBODY NEAREST ROAD 1951 W. SEA AIRE CANALS ISUPPLY AIWW SR 1236 DISTRICT OFFICE COUNTY DCM REPRESENTATIVE LPO CONTACT WIRO BRUNSWICK D. WILSON C. MARLOWE VIOLATION TYPE MINOR CAMA NATURE OF VIOLATION the normal high water level in the ES AEC RESTORATION STATUS RESTORATION REQUIRED J RESTORATION NOT REQUIRED - CONTRACTOR CW EW AFFECTEDAEC(S) —� I OEA L. HHFA AEC DESCRIPTION 30' BUFFER ZONE PTA J ES PTS IHA PWS NCRA an open, uncovered deck in excess of 200 square feet within 30' cent to the Sea Aire Canal located off the AIVVW. Lj 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 - INJUNCTION INJUNCTION DATE: F— LJ REFERRED TO AG'S OFFICE - COLLECTION COLLECTION REQUEST DATE: r— ASSESSMENT DATE PENALTY AMOUNT COLLECTION DATE AMOUNT COLLECTED 1-1 PENALTY ISSUED I WILLFUL & INTENTIONAL PENALTY IN. OR DOUBLED) PENALTY NOT ISSUED L j CNOV ISSUED CNOV DATE CONRACTOR'S FIRST OFFENSE PENALTY APPEALED APPEAL DATE r I FORMAL CPA ISSUED I FORMAL CPA DATE - - F- SETTLED. AGREED UPON. STIPULATED PENALTY SETTLEMENT DATE LL UNCOLLECTIBLE PENALTY F—UNCOLLECTIBLE DETERMINATION DATE Violations Involving Adversely Impacted Resources AMOUNT OF ADVERSELY DISTURBED AREA (SQ. FT.) AMOUNT OF RESTORED AREA (SO. FT) NOTES FILE MENOt ANDUNI TO: ROY BROWNLO4N 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.: 65-56-0 /I.�p/� 02/0.1/2012 M. TED TYNDALL, Assistant Director Date Brunswick County Planning Department P.O. Box 249 75 Courthouse Drive N.E., Bldg i Bolivia, NC 28422 CERTIFIED MAIL — 7001 1940 0007 0428 2522 RETURN RECEIPT REQUESTED NOTICE OF VIOLATION 07-Oct-05 Jeff Lee Builders 3370 Holden Beach Road Supply NC 28462 h LSB n�RB TB �.RB MTT OCI 1 1 Z005 Morehead City DCM RE: NOTICE OF FAILURE TO COMPLY WITH PERMIT CONDITIONS AND/OR CAMA STANDARDS AND STOP WORK ORDER CAMA MINOR VIOLATION #05-56D Dear Mr. Lee: This letter confirms that on 23-Sep-05, I was onsite at Mr. & Mrs. Darrell & Karen Melton's property located at 1951 W. Sea Aire Cana( 01" (cent to Sea Aire Canal located off the Atlantic Intracoastal Waterwn- wick County, North Carolina. The purpose of the visit was to moi �% l IzO horized under CAMA Minor Development Permit Number 05-06.. / standards found in Title 15A NCAC 7H are not being met as req 6'J\ t,1.,01-/ Based upon the K �40J e, Title 15A, Subchapter 07H. State Guidelines for Areas of Envi you have undertaken, construction of open, uncovered decks it —.,me AEC. This development is not consistent with Section 07H.0209(d)(10)(F), "incn states decks/observation decks limited to slatted, wooden, elevated and unroofed decks shall not singularly or collectively exceed 200 square feet. Anyone who undertakes minor development activity in a designated Area of Environmental Concern (AEC), and fails to act in accordance with the terms, conditions, or requirements of a permit issued, may be found to be in violation of the Coastal Area Management Act (CAMA) as specified in North Carolina General Statutes (N.C.G.S) 113A-126. Any development activity within a designated AEC, that was not authorized by Minor Permit No. 05-06, may also be a violation of N.C.G.S. 113A-118. Such violations may be subject to civil and/or criminal penalties. Information gathered by me shows that you, as contractor for the aforementioned project, have undertaken, or are legally responsible for minor development by construction of open, uncovered decks (that exceed 200 square feet). Your site drawing shows an 8' x 16' open, uncovered deck. No person may undertake minor development in a designated Area of Environmental Concern TELEPHONE (910) 253.2025 • (800) 621.0609 • FAX (910) 253.2437 � - r 4 t.0, All .1 r s y( f without first obtaining a permit from the North Carolina Department of Environment and Natural Resources, North Carolina General Statutes (N.C.G.S.) 113A-118. I request that you IMMEDIATELY CEASE AND DESIST any further unauthorized development activities within designated AEC's on this property. Since the development is not consistent with the applicable standards, the impacted resources shall be required to be restored to its pre - development condition and/or all aspects of the project will be brought into compliance with the. Act. A civil assessment of up to Two Hundred and Fifty Dollars ($250.00) may be assessed against any violator. Each day that the development activity described in this Notice is continued or repeated may constitute a separate violation which is subject to an additional assessment of up to $250.00. An injunction or criminal penalty may also be sought to enforce any violation (N.C.G.S. 113A-126). It is the policy of the, Coastal Resources Commission to assess a minimum civil penalty $50.00 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 r.'i.were affected and the extent of the damage to them. Based upon the North Carolina Administrative Code, Title 15A, Subchapter 7J.0409(f)(5)(F)(ii), the .policy of the Coastal Resources Commission is to levy a civil assessment against contractors in addition to that assessed against the landowner. Therefore, since this is your Second Violation Notice of CAMA Violation in the same Area(s) of Environmental Concern, you should expect a civil assessment to be levied against you. 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. Sincerely, omlu� KUQ Connie Marlowe Local Permit Officer Cc: Gale Stenberg, DCM Jim Gregson, District Manager, DCM Roy Brownlow, Compliance Coordinator, DCM TELEPHONE (910) 253.2025 • (800) 621.0609 • FAX (910) 253.2437 LOCAL PERMIT OFFICER ENFORCEMENT REPORT FOR MINOR VIOLATIONS CASE NO. (Obtain from DCM office): PERMIT NO. (If Applicable): 05-56r) FORM 1 y LPO'S NAME: Connip Mnrinwp LOCALITY: Brunswick County 16 C) COASTAL MANAGEMENT REPRESENTATIVE: Debbie Wilson 1P RESPONDENT'S NAME: Jeff Lee Builders MAILING ADDRESS: 3370 Hnldpn Rparh Rd CITY: Supply STATE: SIC_ ZIP: 2R462 PHONE NO.: 91084 151 COUNTY: Rnlnswirk NEAREST/ADJACENT WATER BODY: Spa 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 adjacent to Sea Aire Canal. VIOLATION TYPE: ❑MINOR CAMA RESTORATION REQUESTED:❑YES 9 VIOLATION OF PERMIT CONDITIONS/SPECIFICATIONS • ►/ DATE RESTORATION REQUIRED FOR COMPLETION: DATE RESTORATION COMPLETED (SITE INSPECTION DATE): AEC TYPE: ,®ESTUARINE SHORELINE ❑OCEAN ERODIBLE AREA ❑ INLET HAZARD AREA RECOMMENDED ASSESSMENT AMOUNT:$ DATE REPORT RECEIVED: ❑ PUBLIC TRUST SHORELINE ❑HIGH HAZARD FLOOD AREA ❑ UNVEGETATED BEACH AREA FOR DCM OFFICE USE ONLY REFERENCE:7J. ASSESSED AMOUNT: $ DATE OF ASSESSMENT LETTER: DATE PAYMENT RECEIVED: AMOUNT RECEIVED: CLOSURE DATE: