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HomeMy WebLinkAbout00-02D Williamson11/13/03 ❑Previous Violations
Division of Coastal Management
Case Number Respondents Last Name First Name Affiliation SECTOR
00-20D Williamson IIke Property Owner Private
Property Address
407 East First Street
Mailing Address
B 1602
Township Waterbody
,[Ocean Isle Beach Atlantic Ocean
Nearest Road
City State Zip Code Phone Number
Shallotte NC 28459
District Office County DCM Representative LPO Contact
WIRO Brunswick (Russell
Notice of Violation Date Case Closure Date
18 May 2000 12 Nov 1903
Violation Type
Minor Permit Condition Violation
❑Case is Open
*Case is Closed
AEC Type
OH
CNOV Issued
Referred to AG's Office - Injunction
'Referred to AG's Office - Collection
IPenalty Appealed
,Formal CPA Issued
Nature of Violation
Violation of CAMA Minor permit by beach bulldozing sand with debris (wood & asphalt) into the dune and not
notifying the LPO when work was done.
®Restoration Required Restoration Request Date Extension Request Date
❑Restoration Not Required - Permittable ! 18 Jun 2000 [_]Restoration Deadline Extended
❑Restoration Not Required - Contractor Restoration Completion Date
❑Restoration Not Required - Impacts j 18 Sep 2000
Assessment Date Initial Assessment Am Assessment Collection Date
®Penalty Assessed 18 Jun 2000 $200
[]Penalty Not Assessed
❑Contractor's First Offense Final Amount Collected 1 $0 ❑Settled, Agreed upon, or Stipulated Penalty
❑Doubled or Min. Penalty for Willful & Intentional
*Uncollectible Penalty
Violations Involving Adverse Land Disturbing Activity in AEC
Amount of Adversely Disturbed Area (Square Feet)
Amount of Restored Area (Square Feet)
Notes
Staff to request fromal assessment by 10/22/01. 5/16/02 - B. Stroud to issue assessment reminder. Failure to pay will
result in referral to AG's office. Brownlow sending assessment reminder 8/26/2003. Closed as per Charles Jones
11-12-2003.
M �-
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,
MCDENR
North Carolina Department of Environment and Natural Resources
Division of Coastal Management
Michael F. Easley, Governor Donna D, Moffitt, Director William G. Ross Jr., Secretary
August 26, 2003
CERTIFIED MAIL
RETURN RECEIPT REQUESTED
Mr. Ike Williamson
P.O. Box 1602
Shallotte, NC 28459
RE. CAMA VIOLATION #00-20D
SECOND NOTICE OF ASSESSMENT
Dear Mr. Williamson:
This letter is in reference to the previous Notice of Assessment dated September 18, 2000 and a
assessment reminder letter dated April 27, 2001 for the Notice of Violation that Local Permit Officer Peggy
Pelasara, representative for the Division of Coastal Management, sent you dated May 18, 2000, for the
unauthorized beach bulldozing that involved wood and asphalt debris pushed up at 407 East First Street,
Ocean Isle Beach, Brunswick County. The violation involved the Ocean Hazard Area, which is an Area of
Environmental Concern designated by the Coastal Resources Commission. Based upon the site visit
conducted on September 18, 2000 by Janet Russell, the restoration requested is 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. This is 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 civil penalty in the amount of $200 is appropriate
for this violation. Therefore, a $200 penalty is informally proposed against you. You may expeditiously
resolve this matter at this time by accepting responsibility for the violation, waiving your right to an
administrative hearing, and paying the amount proposed above. In order to do this, you must: (1) sign one
of the attached copies of a "Waiver of Right to an Administrative Hearing and Agreement to Pay Civil
Assessment;' (2) attach a check or money order for $200 made payable to the North Carolina Department
of Environment and Natural Resources (NCDENR); and, (3) return the signed waiver 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.
151-B Hwy. 24, Hestron Plaza ll, Morehead City, North Carolina 28557
Phone: 252-808-2808 \ FAX: 252-247-3330 \ Internet: www.nccoastaimanagement.net
An Equal Opportunity \ Affirmative Action Employer — 50% Recycled \ 10% Post Consumer Paper
Mr. Williamson
August 26, 2003
Page 2 of 3
If you do not send a signed waiver 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. This is the final
attempt to resolve this matter informally. Failure or refusal to comply with this request may result
in legal action as provided by North Carolina General Statutes and Coastal Resource Commission
rules.
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,
Roy Brownlow
Compliance Coordinator
NC Division of Coastal Management
Enclosures
cc: Charles S. Jones, Assistant Director, DCM
Jim Gregson, Wilmington Regional Office District Manager, DCM
Ocean Isle Inspections Department
Mr. Williamson
August 26, 2003
Page 3 of 3
CAMA VIOLATION #00-20D
WAIVER OF RIGHT TO ADMINISTRATIVE HEARING
AND 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 $200 against me for violation of the Coastal Area
Management Act, NCGS 113A-100 et seg, committed on or near my property 407 East First Street,
Ocean Isle Beach in Brunswick County, North Carolina. I also understand that I have a right under
G.S. 113A-I26(d)(3) and 150B-23 to a quasi-judicial administrative hearing on the alleged violation
and proposed civil penalty. 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 May
18, 2000, voluntarily waive my legal right to an administrative hearing, and agree to pay the civil
assessment of $200. I understand that in doing so, I also hereby foreclose any right of appeal to the
Superior Court of North Carolina.
DATE
SIGNATURE
ADDRESS
TELEPHONE NUMBER
151-B Hwy. 24, Hestron Plaza ll, Morehead City, North Carolina 28557
Phone: 252-808-2808 \ FAX: 252-247-3330 \ Internet: www.nccoastalmanagement.net
An Equal Opportunity \ Altirmative Action Employer — 50% Recycled \ 10% Post Consumer Paper
Mr. Williamson
August 26, 2003
Page 3 of 3
CAMA VIOLATION #00-20D
WAIVER OF RIGHT TO ADMINISTRATIVE HEARING
AND 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 $200 against me for violation of the Coastal Area
Management Act, NCGS 113A-100 et sue, committed on or near my property 407 East First Street,
Ocean Isle Beach in Brunswick County, North Carolina. I also understand that I have a right under
G.S. 1 13A-126(d)(3) and 150B-23 to a quasi-judicial administrative hearing on the alleged violation
and proposed civil penalty. 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 May
18, 2000, voluntarily waive my legal right to an administrative hearing, and agree to pay the civil
assessment of $200. I understand that in doing so, I also hereby foreclose any right of appeal to the
Superior Court of North Carolina.
DATE
SIGNATURE
ADDRESS
TELEPHONE NUMBER
151-B Hwy. 24, Hestron Plaza Il, Morehead City, North Carolina 28557
Phone: 252.808.2808 \ FAX: 252-247-3330 \ Internet: www.nccoastalmanagement.net
An Equal Opportunity \ Affirmative Action Employer— 50% Recycled \ 1090 Post Consumer Paper
State of North Carolina
. • . Department of Environment
and Natural Resources
Wilmington Regional Office
Division of Coastal Management
Michael F. Easley, Governor
William G. Ross Jr., Secretary
Donna D. Moffitt, Director
April 27, 2001
Mr. Ilse Williamson
P. O. Box 1602
Shallotte, NC 28459
RE: Notice of Violation 00-20D
Dear Mr. Williamson:
J
�
A�
NCDENR
NORTH CAROLINA DEPARTMENT OF
ENVIRONMENT AND NATURAL RESOURCES
On September 18, 2000 the Division sent you a Letter of Assessment for beach bulldozing
work done at 407 East First Street, Ocean Isle Beach in Brunswick County. The work was
not done in accordance with the bulldozing permit because 1) the Local Permit Officer was
not notified beforehand and 2) debris was pushed up into the dune with the sand material.
The assessed penalty was $200.00 for this violation. We do not have a record that the
penalty was paid. If you have paid the $200.00 penalty, please provide a copy of your
canceled check. If you have not paid the penalty, please remit a check made out to DENR
for $200.00 immediately.
Feel free to call me or Karen Moore if you have questions about this request.
Regards,
Janet M. Russell
Coastal Management
127 Cardinal Dr. Ea, Wilmington, North Carolina 28405 Telephone 910-395-3900 FAX 910-350-2004
An Equal Opportunity Affirmative Action Employer 50% recycled/10% post -consumer paper
State of North Carolina
Department of Environment
and Natural Resources
Wilmington Regional Office
Division of Coastal Management
James B. Hunt, Jr., Governor
Bill Holman, Secretary
Donna D. Moffitt, Director
CERTIFIED MAIL 1DAIN 3ypo
RETURN RECEIPT REQUESTED
Mr. Ike Williamson
PO Box 1602
Shallotte, NC 28459
A�C6ENRNO;T
OLINA DEPARTMENT OF
ENVIRONMENT AND NATURAL RESOURCES
September 18, 2000
�a 7D09 3rn-7\
RE: Letter of Assessment for: CAMA Violation 1f00-20D
Dear Mr. Williamson:
SEP 2 0 2000
This letter is in reference to the Notice of Violation sent to you on May 18, 2000, Permit
for the
unauthorized debris with wood and asphalt pushed up in dune at 407 East First Street. Local
Officer was not notified when work was done, at your property located 407 Ea
Isle Beach, Brunswick County. East First Street, Ocean
The violation involved ocean hazard,
Environmental Concern designated by the Coastal Resources Comwhich is an Area of
mission. All restoration requested
by the Division of Coastal Management has been completed.
The Coastal Area Management Act provides that a civil assessment of up to $2500.00 may be
assessed for any violation. It is the policy of the Coastal Resources Commission to assess a civil
penalty for all violations. This is done to recover some of the costs of investigating violations and/or
to compensate the public for any damage to its natural resources.
Under Coastal Resource Commission rules, a civil penalty in the amount of $200.00 is
appropriate for this violation. In order to expeditiously resolve the matter, you may accept
responsibility for the violation, waive your right to an administrative hearing, and pay the amount
proposed above. I am enclosing two (2) copies of a "Waiver of Right to Administrative Hearing and
Agreement to Pay Civil Assessment". If you understand the proposed assessment and wish to pay,
You should: 1) sign one of the attached waivers; 2) include a check or money order for $200.00 trade
payable to the North Carolina Department of Environment and Natural Resources (DENR); and, 3)
return the signed waiver and payment to this office in the enclosed, self-addressed envelope within ten
(10) days of receipt of this letter. I will forward a copy of the Waiver with your check or money
order to the Department's Office of General Council which will in turn notify you of your compliance
and the closure of this enforcement action. If you do not respond within ten (10) days of receipt of
this notice, I will issue a civil penalty assessment which you may appeal by filing a petition for a
hearing with the Office of Administrative Hearing.
127 North Cardinal Drive, Wilmington, N.C. 28405-3845 • Telephone 910-395-3900 • Fax 910-350-2004
An Equal Opportunity Affirmative Action Employer
Mr. Ike Williamson
September 18, 2000
Page Two
Thank you for your time and cooperation in resolving this matter. If you have any questions,
please do not hesitate to contact me at my Wilmington office at 910/395-3900.
Sincerely,
C. Robert Stroud, Jr.
District Manager
CRS/tms
Enclosures
cc: Charles S. Jones
Janet Russell, Field Representative
Allan Davis, COE
Peggy K. Pelasara, Ocean Isle Beach, LPO
.f
WAIVER OF RIGHT TO ADMINISTRATIVE HEARING
AND 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 $200.00 against me for violation of the
Coastal Area Management Act, NCGS 113A-100 et see , committed on or near my property in
Brunswick County, North Carolina. I also understand that I have a right under G.S. 113A-126(d)(3)
and 150B-23 to a quasi-judicial administrative hearing on the alleged violation and proposed civil
penalty.
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 May 18, 2000,
voluntarily waive my legal right to an administrative hearing, and agree to pay the civil assessment of
$200.00. I understand that in doing so, I also hereby foreclose any right of appeal to .the Superior
Court of North Carolina.
DATE
SIGNATURE
ADDRESS
TELEPHONE NUMBER
May 18, 2000
Certified Mail
Return Receipt Requested
Ike Williamson
P. 0. Box 1602
Shallotte, N. C. 28459
RE: NOTICE OF FAILURE TO COMPLY V= PERMIT CONDITIONS AND/OR
CAMA STANDARDS
Dear Mr. Williamson:
This letter is in reference to bulldozing permit ##00-30 for property located at 407 East
First Street, Ocean Isle Beach, N. C. While visiting the site on May 2, 2000, I found that all
applicable CAMA standards found in 7H 0308 are not being met as required by the Permit. The
Local Permit Officer was not notified of the work so that it could be monitored and debris with
asphalt and wood had been pushed up in the dune. This is in violation of the permit requirement
of the Coastal Area Management Act.
It is the policy of the Coastal Resources Commission to assess a minimum civil penalty
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, which were affected, and the extent of the damage to them. If restoration of the
affected resources is requested but is not undertaken or completed satisfactorily, a substantially
higher civil penalty will be assessed and a court injunction will be sought ordering restoration.
The enclosed Restoration Plan describes the action necessary to bring this project into
compliance with the Act. Provided you intend to cooperate with my request to provide the
required drawings and return to me. No response from you within ten (10) days of receipt of this
letter will be interpreted as a refusal to cooperate and result in a Notice of continuing violation
and a court order will be sought ordering restoration. YOUR IMMEDIATE ATTENTION IS
REQUESTED.
Z "Y'
Peggy K. Pelasam
Local Permit Officer for CAMA
CC: DCM Field Representative
I'r; (D
JUN 2 s zaa�
D!VlSION OF
COASTAL MANAG.tv1cN i
i
TOXVN 01: le(:!::\N ISLE BEACH;THREE 1\'I T 1-11IRP STREET/OCEAN ISLE BEACH. NC 284ol)./(1110) .7(-2166
RESTORATION PLAN
FOR
PROPERTY LOCATED AT 407 EAST FIRST STREET, OCEAN ISLE BEACH
I. Submit a scale drawing of the dune to be restored, showing wood and asphalt debris and how
You intend to remove..
I, Ike Williamsonaagree to complete this restoration by June 18, 2000.
Signature
Date:2000
E c-HIVE
JUN 2 6 2000
DIVSION OF:
COASTAL
MANAGEMENT
Case r : r
Dame: 7 e Williamson
DCM EEN ORCEI EI T tREPy.i T
JL)"
Permit00-30 Consal++.ant: Janet Russell
J;ViJIUi\ LJr
Address: PO Boy. 1602, COBS+.AL
City: Shallotte State: NO Zip: 2F,459 Phone r: E10-) 257-4 33D
Counry: R-un cc,; ,.1, Nearest Water Body: Atlantic Ocean State Plane X.
j,FID: Peggy Pelasara Locality: Ocean Isle Beach State Plane Y:
Vi0 Descrl:
Debris
with
wood and
asphalt hushes
up ir• dune a- A ;7 East
LPO was
not
notified
when work was
done,
INOG, Sent: a /, s / oo Violation: IYfajor: Minor: z Perin Conti: r. Ck_MA:x_ B&F:
Resto-e: Les Requested: nF I , F / on Completed: 8 / ,tF' l oo
(ic/tio) wo) (bay) (Fr) WO) (bay) ffrI
Pub Test: _ Shoreline:Ocean Ocean az:- Other _ R i Nu —; _ Oa't ed':
Wetiant c.
IA: ?S: I cj: I SY: .yTR: I I TY:
Ss: I SC: SP. f IF: I BF: rL: ram:
i -P2
i EXCAVATE
� 'r�r r � RFCF®P.E
� 0TER
� Ocean hazard
�,L•yL- akal:} SSE3 P Y LIC • = 7 oj%zdexn:z
kRecomrrended _4;ssmt:
S aW.i Re:erenr=:
71. oe4og(y�
Cite-m: 3 23
Repot Rcvd: /
6ssessed: l
7)
To 5 : ! /
/
to Violator/�i !C�
Payment Received:
Or:: i
!
Case Closed: /
O i io:ato- To ai Assessment. ^ 0=1 h ec eipa�:
6/13/2003
Division of Coastal Management
Case Number Respondents Last Name
00-20D jWilliamson
First Name Affiliation
Ike Property Owner
Property Address Township Waterbody Nearest Road
1407 East First Street Ocean Isle Beach Atlantic Ocean
Mailing Address city State Zip Code Phone Number
POB 1602 Shallotte NC i 28459
❑Previous Violations
District Office County DCM Representative LPO Contact
WIRO Brunswick Russell
Notice of Violation Date case closure Date *Case is Open .Case Referred to AG's Office - Injunction
❑Case Referred to AG's Office - Collection
18 May 2000 (Case is Closed ❑Penalty Appealed
❑Formal CPA Issued
Violation Type AEC Type
Minor Permit Condition Violation
VH
Nature of Violation
Violation of CAMA Minor permit by beach bulldozing sand with debris (wood & asphalt) into the dune and not
notifying the LPO when work was done.
®Restoration Required Restoration Request Date Extension Request Date
❑Restoration Not Required - Permittable 18 Jun 2000 ❑Restoration Deadline Extended
[-]Restoration Not Required - Contractor Restoration Completion Date
❑Restoration Not Required -Impacts
18 Sep 2000
Assessment Date Initial Assessment Am Assessment Collection Date
MPenalty Assessed 18 Jun 2000 $200
❑Penalty Not Assessed
❑Contractor's First Offense Final Amount Collected []Settled, Agreed upon, or Stipulated Penalty
❑Doubled or Min. Penalty for Willful & Intentional
Violations Involving Land Disturbing Activity in AECs
Amount of Disturbed Area (Square Feet)
Amount of Restored Area (Square Feet)
Notes
Staff to request fromal assessment by 10/22/01. 5/16/02 - B. Stroud to issue assessment reminder. Failure to pay will
result in referral to AG's office.
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NC DIVISION OF COASTAL MANAGEMENT
HESTROIN Ft- •_A11, 151-8, HWY.24
MOREH=;aD CITY, NC 28557
(919)808-2808
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