05-39D Warren

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DATE: 0 /0 1 /LG12
CC: RONDA BENNET T
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 LAMA Violation case No.:
M. TED TYNDALL, Assistant Director
02/01/2012
Date

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MEW
North Carolina Department of Environment and
Natural Resources
Division of Coastal Management
Michael F. Easley, Governor Charles S. Jones, Director
NOTICE OF VIOLATION
June 6, 2005
CERTIFIED MAIL #7004 2510 0001 8280 0567
RETURN RECEIPT REQUESTED
Mr. Walter A. Warren
Post Office Box 2611
Holly Ridge, North Carolina 28445
RE:VIOLATION(S) OF CAMA MAJOR DEVELOPMENT PERMIT NO. 129.99
CAMA VIOLATION#05-39D
Dear Mr. Warren:
William G. Ross Jr., Secretary
JUN 9
rlorehead 0-y ;J%A1
This letter confirms that in late 2003, the construction of a gravel road was partially completed at property
located at the end of Atkinson Road, adjacent to Topsail Sound, in Surf City, off NC Highway 50, in Fender
County. It is my understanding that at the time of construction you had title to the property. This letter also
confirms that on July 13, 2004 the subject property was sold to Red Apple Group, LLC. This property
includes approximately 8.8 acres and is described on a map entitled "boundary survey for Walter A.
Warren" as recorded in Map Book 37, Page 139, Slide 507, Pender County Registry.
Information gathered by me for the NC Division of Coastal Management shows that you have violated the
terms or conditions of State Permit No. 129-99 which was issued to you by the Coastal Resources
Commission and the North Carolina Department of Environment and Natural Resources. I hereby request
that you immediately CEASE AND DESIST such violation(s) and comply with the terms and conditions of
the above permit.
On December 22, 1999, State Permit No. 129-99 was issued to Walter A. Warren for the development of a
subdivision including the construction of 24' wide access road with cul-de-sac and driveway connections
partially within §404 Wetlands, to serve 45 residential lots within the Estuarine Shoreline Area of
Environmental Concern, adjacent to Topsail Sound, on property located in Surf City, in Fender County,
North Carolina, off NC Highway 50. This permit was issued for a CAMA Major Development in an Area of
Environmental Concern, in accordance with North Carolina General Statutes (N.C.G.S.) 113A-118. This
permit included the following terms and conditions(s):
1. In accordance with the Division of Water Quality's General Water Quality Certification (Permit No.
990169), which was issued by the Division of Water Quality on 9/13/99, a conservation easement
shall be placed on all lots with remaining jurisdictional wetlands and waters preventing future
wetland impacts. These mechanisms shall be put in place within 30 days of the date on the
issuance of this permit.
127 Cardinal Drive Ext., Wilmington, North Carolina 28405-3845
Phone: [phone]\ FAX: [phone] \ Internet: www.nccoastalmanagement.net
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r
8• .r� Mr. Walter A. Warren
June 6, 2005
Page 2 of 4
2. No excavated or fill material Will be placed at any time, even temporarily, in any vegetated wetlands
or surrounding waters outside of the alignment of the fill area indicated on the work plan
drawing(s).
For the following reasons, you are in violation of the above terms and conditions(s) of your permit:
1. Conservation easements have not been placed on all lots with remaining jurisdictional wetlands
and waters.
2. A comparison of the permitted work plan drawings dated August 3, 1998 and an October 28, 2004
survey by Charles F. Riggs & Associates, Inc., indicates that the northeastern side of the
constructed roadway lies approximately 10-15 feet northeast of the permitted alignment. As
permitted, the proposed roadway was to curve slightly to the west such that the roadway fill would
lie along the southwestem perimeter of the §404 Wetlands. As constructed, the northeastern side
of the existing gravel road is aligned with the northeastern side of the Atkinson Road Right -of -Way.
If the terms and conditions of a permit are not complied with, the permit is null and void from the date of its
issuance. To comply with the terms and condition(s) of the permit issued to you, you must:
1. Place a conservation easement on all lots with remaining jurisdictional wetlands and waters on the
property to prevent any future wetland impacts.
2. Provide concurrence from the North Carolina Division of Water Quality and the U.S. Army Corps of
Engineers that the gravel road, as constructed, may remain in place.
If you intend to cooperate with my request, please sign one of the attached Restoration Agreements and
return it to me in the enclosed, self-addressed envelope within ten (10) days of receipt of this letter. Failure
to comply with this request or respond back to this office prior to the requested deadline with an acceptable
schedule for compliance will be interpreted as a refusal to cooperate and will result in a Notice of
Continuing Violation, as well as a court injunction being sought ordering compliance.
A civil penalty of up to Twenty -Five Hundred Dollars ($2500) may be assessed, or an injunction or criminal
penalty maybe sought against any person who violates a CAMA Major Development permit. It is the policy
of the Coastal Resources Commission to assess a minimum civil penalty of $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 will depend on several factors,
including the nature and area of the resources that 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
(N.C.G.S. 113A-126).
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.
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 [phone]. Upon completion of the restoration as requested
in the Restoration Plan Agreement to the satisfaction of the Division of Coastal Management, you will be
127 Cardinal Drive Ext., Wilmington, North Carolina 28405-3845
Phone: [phone]\ FAX: [phone] \ Internet: www.nccoastalmanagement.net
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• Mr. Walter A. Warren
June 6, 2005
Page 3 of 4
notified as to the amount of the civil assessment for failure to act in accordance with the terms, conditions,
or requirements of such permit.
Sincerely,
im Gregson
istrict Manager
Cc: Ted Tyndall, Assistant Director, DCM
Roy Brownlow, Compliance Coordinator, DCM
Henry Wicker, US Army COE
Joanne Steenhuis, DWQ
Steve Padgett, LPO
Charles Riggs
Lawson S. Triplett, Jr., Red Apple Group, Inc.
ENCLOSURE
127 Cardinal Drive Ext., Wilmington, North Carolina 28405-3845
Phone: [phone] FAX: [phone] Internet: www.nccoastaimanagement.net
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S .m
° Mr. Walter A. Warren
June 6, 2005
Page 4 of 4
RESTORATION PLAN
For
Mr. Walter A. Warren Property
CAMA Violation No. 05-39D
Property located at Atkinson Road, Pender County
1. Place a conservation easement on all lots with remaining jurisdictional wetlands and waters on the
property to prevent any future wetland impacts.
2. Provide concurrence from the North CarolinaDivisionof Water Quality and the U.S. Army Corps of
Engineers that the gravel road, as constructed, may remain in place.
I, Walter A. Warren, agree to place a conservation easement on all lots with remaining jurisdictional
wetlands and waters to prevent any future wetland impacts and to provide concurrence from the North
Carolina Division of Water Quality and the U.S. Any Corps of Engineers that the gravel road, as
constructed, may remain in place.
I agree to complete this restoration to the satisfaction of the Division of Coastal Management (DCM) by July
6, 2005, or provide an explanation for non-compliance and a reasonable request for time extension. When
corrective actions are complete, I will notify the DCM so the work can be inspected.
SIGNATURE:
DATE:
It is the policy of the Coastal Resources Commission to levy a minimum civil assessment $500 and higher against all violations
of this type depending upon the damage to the resources. If restoration is not undertaken or satisfactorily completed, a
substantially higher civil assessment will be levied and an injunction sought to require restoration.
127 Cardinal Drive Ext., Wilmington, North Carolina 28405-3845
Phone: [phone] FAX: [phone] Internet: www.nccoastalmanagement.net
An Equal Opportunity 1 Affirmative Action Employer- 50% Recycled 110% Post Consumer Paper