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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 �- u_ kQ.o , , 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. 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Please print your name, address, and ZIP+4 in this box • NC DIVISION OF COASTAL MANAGEMENT HESTROIN Ft- •_A11, 151-8, HWY.24 MOREH=;aD CITY, NC 28557 (919)808-2808 'IIli (' III IAIIIII IIitIIIII III)I(IIH I AIIII'III III IIIIIIPI)'