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HomeMy WebLinkAbout05-55D Wallacer ALA- NCDENR North Carolina Department of Environment and Natural Resources Division of coastal Management Beverly Eaves Perdue, Governor James H. Gregson, Director Dee Freeman, Secretary August 4, 2010 CERTIFIED MAIL 7009 1410 00015954 0174 RETURN RECEIPT REQUESTED Mr. Douglas Wallace 600 Richlands Hwy Jacksonville, NC 28540 Re: Civil Penalty Assessment for Violations of the Coastal Area Management Act, CM 08-55D, Onslow County Dear Mr. Wallace: Pursuant to G.S. § 113A-126(d), this letter is notice of a Civil Penalty Assessment against you by the Director, Division of Coastal Management. The Civil Penalty Assessment document is attached, Within twenty (20) days from the date of receipt of this letter, you must do one of the following: (1) Pay the Civil Penalty Assessment; or (2) File a written petition for a contested case hearing in the Office of Administrative Hearings (OAH) appealing the penalty assessment; or (3) At any time prior to the decision in an administrative contested case hearing, you may request a written request for settlement, which includes a detailed justification for the request. Additional information about these options is provided below: PAYMENT Payment of the penalty will close the matter immediately and require no further action or expense on your part. If you choose this option, you should pay the penalty by a check or money order made payable to the Department of Environment and Natural Resources'(or DENR). This check should be sent to Roy Brownlow, Compliance and Enforcement Coordinator, N.C. 400 Commerce Avenue, Morehead City, North Carolina 28557 OnrthCarolina Phone: 252-808-2808 \ FAX 252-247-3330 \ Internet: mvw.nccoastalmanagement.net bit hCarol is An Equal Opportunity I Affirmative Action Employer- 50 % Recycled 110 % Post consumer Paper Mr. Douglas Wallace August 4, 2010 Page 2 of 3 Division of Coastal Management, 400 Commerce, Morehead City, North Carolina 28557. Mr. Brownlow represents the Division in the resolution of this Civil Penalty Assessment. You may request a contested case hearing to challenge the Director's factual findings and legal conclusions regarding the assessment. If you file a contested case petition, it must be in writing and in the form prescribed by G.S. § 15011-23. File the original petition.and one copy with the Office of Administrative Hearings (OAH), 6714 Mail Service Center, Raleigh, North Carolina 27699-6714. Any questions about filing a petition may be directed to the Clerk of OAH by telephoning (919) 733-0926. You must serve DENR by mailing a copy of the petition to: Ms. Mary Penny Thompson .General Counsel DENR 1601 Mail Service Center Raleigh, North Carolina 27699-1601 You must also serve the Division of Coastal Management by mailing a copy of the petition to: James H. Gregson, Director Division of Coastal Management 400 Commerce Avenue Morehead City, NC 28557 At any time prior to the decision in an administrative contested case hearing, you may request settlement of the penalty due to unusual factual or legal considerations that were not taken into account in assessing it. You must sign and return the attached stipulation form to this office. You must also attach a detailed justification showing why one or more of the civil penalty assessment factors in G.S. § 113A-126(d) and Rule 15A NCAC 7J .0409 were wrongly applied to your detriment. A settlement request is an admission that you committed the violation. Unfamiliarity with the law is not a ground for settlement. Neither is voluntary restoration. In order to present your request properly, you may be required to present your request before the Coastal Resources Commission. An adverse determination may not be appealed to the courts. If you choose this option, send your reply to the Division of Coastal Management, 400 Commerce Avenue, Morehead City, North Carolina 28557. 400 Commerce Avenue, Morehead City, North Carolina 28557 OnrthCarolina Phone: 252-808-28081 FAX 252-247-33301 Internet: www.nccoastaimanagement.net ofthCarohn An Equal opportunity / Affirmative Action Employer- 50 % Recycled \ 10 % Post Consumer Paper NatunlAff f Mr. Douglas Wallace August 4, 2010 Page 3 of 3 Your attention to this important matter is appreciated. Sincerely, �- es H. Gregson D ctor, DCM Attachments: Assessment Document Request for Settlement Form Cc: M. Ted Tyndall, Assistant Director, DCM Steve Everhart, District Manager, DCM Roy Brownlow, Compliance Coordinator, DCM Tara Croft, Coastal Management Representative, DCM 400 Commerce Avenue, Morehead City, North Carolina 28557 Phone: 252-808-28081 FAX 252-247-33301 Internet: www.nccoastalmanagement.net An Equal Opportunity / Affirmative Action Employer- 50 % Recycled 110 % Post Consumer Paper One NorthCarolina Natura!!rf STATE OF NORTH CAROLINA COUNTY OF ONSLOW IN THE MATTER OF: DOUGLAS WALLACE FOR VIOLATIONS OF THE COASTAL AREA MANAGEMENT ACT, N.C. GENERAL STATUTE § 113A-100 et seq. NORTH CAROLINA COASTAL RESOURCES COMMISSION CM 08-55D REQUEST FOR SETTLEMENT OF CIVIL PENALTIES; AND STIPULATION OF FACTS Having been assessed a civil penalty in the amount of EIGHT HUNDRED SEVENTY-ONE DOLLARS ($871) for violation of the Coastal Area Management Act, which violation is set forth in the Director's Civil Penalty Assessment dated August 4, 2010, I hereby request settlement of the civil penalty. I stipulate that the facts are alleged in the assessment document and that there are no factual or legal issues in dispute, other than the reasonableness of the amount of the assessment. I further understand that a request for settlement is an acknowledgement of civil liability as set forth in the Director's Civil Penalty Assessment and that there is no appeal to the Superior Court of the decision on a request for settlement. This the day of NAME (Signature) ADDRESS TELEPHONE 2010. Attach a written statement justifying your settlement request. Ifyou are represented by an attorney, provide his or her name, address, and telephone number. STATE OF NORTH CAROLINA '.I1�1J►111'�i]&iW&1Ki0A IN THE MATTER OF: MR. DOUGLAS WALLACE FOR VIOLATIONS OF THE COASTAL AREA ) MANAGEMENT ACT, N.C. GENERAL ) STATUTE § 113A-100 et seq. ) NORTH CAROLINA COASTAL RESOURCES COMMISSION CM 08-55D CIVIL PENALTY ASSESSMENT Pursuant to the Coastal Area Management Act (CAMA), North Carolina General Statutes (N.C.G.S.) § 113A-126(d), and the authority vested in me by the Coastal Resources Commission (CRC) pursuant to Rule 15A North Carolina Administrative Code (NCAC) 7J .0409(f)(1), I, James H. Gregson, Director, Division of Coastal Management (DCM), North Carolina Department of Environment and Natural Resources (DENR), find that Douglas Wallace is a person subject to the permit requirements in the CAMA, responsible for the following violations, and liable for the following civil penalty assessment: 9 La I. VIOLATIONS COMMITTED Douglas Wallace is a citizen and resident Onslow County, North Carolina and is without any legal disability. The subject property is owned by Douglas Wallace and wife, Vicki Wallace and is located on Stump Sound, at 5109 21' Avenue, North Topsail Beach in Onslow County, North Carolina. Division of Coastal Management (DCM) representatives learned from a phone complaint from the North Topsail Beach Local CAMA Permit Officer, that Mr. Wallace had placed earthen fill material along the property shoreline and adjacent coastal marsh. After inspecting the site on September 24, 2008, DCM determined that Mr. Wallace had placed 1,000 square feet of earthen fill material in Coastal Wetlands and 262 square feet of earthen fill material within the Coastal Shoreline without first obtaining a major development pernut as required under N.C.G.S. § 113A-118 of the Coastal Area Management Act (CAMA). E. "Development" as defined in N.C.G.S. § 11 3A-1 03(5)(a) of the CAMA includes "filling." F. The development on Mr. Wallace's property is "major development" as defined in N.C.G.S. § 113A-118(d) because the filling would have also required a Section 404 permit from the U.S. Army Corps of Engineers, a 401 Water Quality Certification from the Division of Water Quality, and a Dredge and Fill Permit from DCM. G. The Coastal Wetlands affected by the development are populated with Smooth Cordgrass (Spartina alternii lora), Cattail (Typha sp.), and Black Needlerush (Juncus roemerianus). The area is subject to regular or occasional flooding by tides in accordance with 15A NCAC 711.0205(a). H. The Coastal Wetlands and Coastal Shoreline affected by the development are Areas of Environmental Concern (AEC) as designated by the Coastal Resources Commission (CRC) in Rules 15A NCAC 7H .0205 and 15A NCAC 711.0209 respectively. I. Mr. Wallace violated N.C.G.S. § 113A-118 by undertaking major development (filling) in duly designated Areas of Environmental Concern (Coastal Wetlands and Estuarine Shoreline) without first obtaining a CAMA major development permit. J. On October 6, 2008, DCM sent the Wallace's allotice of Violation (NOV) and Restoration Plan by certified mail, return receipt requested. The NOV warned them that the unauthorized filling activities conducted on the property were in violation of the r/ CAMA and that restoration of all affected coastal wetlands would be required. The NOV also informed them of the Coastal Resources Commission's policy to assess a civil penalty for all violations. K. The violations cited above constitute "development" as defined in the CAMA in N.C.G.S. § 113A-103(5). L. The activities undertaken would have required a CAMA Permit in order to be authorized. M. The development could not have been permitted under the CAMA and.the rules of the Coastal Resources Commission because it is inconsistent with the Use Standards for Coastal Wetlands which prohibit filling coastal wetlands for a non -water dependent use. 15A NCAC 7H .0205(d). N. On July 21, 2009, a DCM representative inspected the property and determined that Mr. Smith had satisfactorily completed the restoration required in the October 6, 2008 Restoration Plan. A Restoration Acceptance letter was sent to the Wallace's on August 4, 2009. II. CIVIL PENALTY ASSESSMENT A. I hereby assess a civil penalty against Mr. Douglas Wallace in the amount of EIGHT HUNDRED SEVENTY-ONE Dollars ($871.00) for undertaking major development without a CAMA Development Permit in violation of G.S. § 113A-118. In determining the amount of this penalty, I have considered the factors as required under the CAMA in N.C.G.S. § 113A-126(d)(4) and the factors set forth in the Coastal Resource Commission's rules in 15A NCAC 7J .0409(g). B. I have determined that a penalty of seven fifty hundred dollars ($750) plus the investigative costs of one hundred twenty-one dollars ($121) for a.total assessment of eight hundred seventy-one dollars ($871) is appropriate under Rule 15A NCAC 7J .0409(g)(4)(B) of the Coastal Resource Commission because of the degree of and extent of harm caused by the violations, the effect on coastal resources, the damage to public resources, and the costs incurred by the Division for investigation, inspection, and monitoring associated with this violation. C. The amount of the penalty is in accordance with 15A NCAC 7J .0409(g)(4)(B) and Schedule A which addresses violations of major development that could not have been permitted under the Commission's rules at the time the notice of violation is issued. The rule provides that a penalty equal to the amount of the relevant CAMA permit application fee, plus a penalty pursuant to Schedule A of the rule, plus investigative costs. Due to the 1,000 square feet of coastal wetlands that are located within the Coastal Wetlands AEC being affected, Schedule A imposes $500; plus a $250 CAMA major permit application fee, plus $121 investigative costs. D. The penalties I have assessed against Mr. Wallace total $871. E. I hereby direct that this Civil Penalty Assessment be served on Mr. Wallace as provided in N.C.G.S. § 113A-126(d)(3). og-ov-« Date Formal CPA Document \- � a, 0 , Ji H. Gregson, Direct�ement r on of Coastal Mana :MAIL, RECEIPT rvim, OF Y; No insurance coverage Provided) OFFiCIAL to $ D Postage Ul CeNaed Fee ,� Pos,mzrk O Return Receipt Fee Here C3 (Endorsement Required) 0 Resldcletl DelFrery Fee p (Endorsemerd Required) ,a -I- Total Pr - r-9 Mr. Douglas Wallace — nr o C3 600 Richlands HWY ----- M1 o;o a Jacksonville, NC tts�4u Ca)% Stet n Complete items 1, 2, 'and Also complete item 4 If Restricted Delivery is desired. ■ Print your name and address on the reverse so that we can return the card to you. Attach s card Anon fron t ospacethe back of the mailpiece, 1. Article Addressed to: Mr. Douglas Wallace 6W Richlands HWY JaCKSOnville, Nt.. Lbtp4U 2, Article Number (rranster from service label) PS Form 381 � ,February 2004 L�IL-:rllid i [03 A9e O_� C. Date of Delivery e-(a') D Isla deiN,,yaddressfrom Item If YES, enter delivery address below: ❑ No RECEIVED a. 3. Service TYPO ❑ Certified Mail ❑ Express Mart ❑ Registered ❑ Return Receipt for Merchandise 17 insured Mail ❑ C.O.O. 4. Restricted Deliver/? (Extra Fee) ❑Yes 7009 1410 0001 5954 0174 Domestic Return Receipt 102595-02-M4540' • DCM ENFORCEMENT REQUEST (USE WHEN INJUNCTION OR FORMAL ASSESSMENT REQUESTED) CAMA CASE # 08-55D [Circle One] INJUNCTION QjENALTY CRIMINAL 1. Consultant or LPO & Locality: North Topsail Beach 2. Violator's Name: Mr. Douglas Wallace Mailing Address: 600 Richlands Hwy, Jacksonville, NC 28540 Home Phone: (910) 382-8928 3. Project Location (County, State Road, Waterbody, etc.): 5109 215` Avenue North Topsail Beach, NC 4. Owner's Name, Address, Phone # [if different]: See Above 5. Attach Copy of Deed. See Attachment A. 6. Type of Violation: [Circle One] MAJOR RMIT CONDITION rProgram: [Circle One] CAMA D&F CAMA and D&F If CAMA Major, list other required permits, etc. If Permit Condition, give Permit # and attach'copy. A permit was not issued for development on this property. 7. Describe nature of development under G.S. 113-A-103(5) or of unauthorized activity under permit: Development consisted of the unauthorized filling of coastal wetlands adjacent to Stump Sound. 8. Area(s) of Environmental Concern Involved: (A) Coastal Wetlands: [Circle] Smoot Cordgriss ac Needlerus Salt Grass (B5')-- Sea Lavender Sawgrass (CJ) Salt Meadow Grass [SP] Salt Reed Grass (SY) Bullrush [SC] GlasswortSS Other Cattail (TY) Wind or Lunar Tides Flooded: Regularly or Irregularly Sq. Ft.: Excavated Filled L000 sq. ft. Restored 1,000 sq. ft. '10 (B) Estuarine Waters: [sq. ft.] Excavated Filled Restored Other • Primary Nursery Area? [Circle] YES NO (C) Public Trust Area: [sq. ft.] Excavated Filled Restored Other Primary Nursery Area? [Circle] YES NO (D) Estuarine Shoreline [sq. ft.] Excavated Filled 262 sq. ft. Restored None Other (E) Ocean Hazard: [Describe] Sq. Ft. Impacted: 9. Details of how DCM first learned of violation: On September 17, 2008 Jon Giles, field representative, received a phone call from the North Topsail Beach LPO, Deb Hill, reporting unauthorized fill in coastal wetlands at the end of 21"Avenue. 10. Details of first DCM inspection: A site visit was conducted on September 24, 2008 by Jon Giles and Tara Croft, Compliance and Enforcement Representative. Unauthorized sand fill was discovered in Coastal Wetlands and within the 75' Estuarine Shoreline Area at 5109 21't Avenue in North Topsail Beach. Measurement were taken of the impacted area and depths isof fill were established using measuring tapes and augers (Attachment B). It was determined that 1,000 sq. ft of unauthorized fill was placed in coastal wetlands in an approximately 20' in width by 50' in length area adjacent to the AIW W. The activity also involved unauthorized filling of an approximately 16.4' in width by 16' in length (4;262 square feet) area of high ground property within the Estuarine Shoreline AEC. 11. Attach copy of Notice of Violation and Postal Receipt Card or Sheriffs Return. [Same if a Continuing Notice of Violation.] (Attachment C) 12. Restoration Required? [Circle] YES NO [If Yes, attach copy of Restoration Request and give restoration deadline if different from one in Request and explain.] The restoration request for removal of fill in all Coastal Wetland areas was sent on October 6, 2008 (Attachment D). The original restoration deadline was November 6, 2008. On November 26, 2008 Mr. Wallace sent correspondence indicating that he would complete the restoration on his property within 30 days (Attachment E). On December 2, 2008 DCM granted Mr. Wallace a restoration extension to December 26, 3008 in order to complete the requested restoration (Attachment F). 13. Date DCM determined restoration was complete: On December 30, 2008 Tara Croft met with Mr. Wallace to inspect the restoration efforts. During this site visit information was gathered that Mr. Wallace placed the fill removed from coastal wetlands in a Section 404 Federal wetland are adjacent to Hwy 210.On January 6, 2009 DCM received photographs on restoration efforts from the Town of North Topsail Beach revealing sediment fencing that • needed repairs. (Attachment G). Non -Coastal Section 404 Federal wetlands delineated by the USACE where not within an Area of Environmental Concern, thus on January 26, 2009 DCM received correspondence directly from the U.S. Army Corps of Engineers (USACE) notifying Mr. Wallace of unauthorized activity in Section 404 Federal Wetlands and requesting restoration (Attachment H). On April 13, 2009 DCM sent a letter to Mr. Wallace referencing the USACE final restoration deadline of April 6, 2009 (Attachment I). On July 14, 2009 the USACE determined that the efforts of Mr. Wallace were satisfactory to resolve the violation of Section 301 of the Clean Water Act (Attachment J). The DCM restoration acceptance letter was sent to Mr. Wallace on August 4, 2009 (Attachment K). 14. Would the project have been allowed had a Permit been applied for? [Circle] YES e [If NO, cite the provisions in the CAMA, Dredge and Fill Law, CRC's Rules, Local Land Use Plan, etc., which would have been violated] The filling of the marsh substrate that has been undertaken in Coastal Wetlands is inconsistent with the North Carolina Administrative Code, Title 15A, Subchapter 07H, Section _0205(d) and Section 7H .0209(d)(4) State Guidelines for Areas of Environmental Concern. The filling of Estuarine Shoreline in this area is also inconsistent with the Town of North Topsail Beach Floodplain Ordinance. The filling of the marsh substrate also in violation of the State's Dredge and Fill Law which • requires a permit from the North Carolina Department of Environment and Natural Resources before undertaking any excavating or filling in any estuarine waters, tidelands, marshlands, or state-owned lakes pursuant to N.C.G.S. 113-229. 15. Recommended penalty amount? Cite the specific Rule of the CRC in 7J.0409 and explain why the penalty should be assessed under it. [If the violation was willful and intentional or continuing, describe the base penalty here and then any increased or additional penalty below.] A Civil Assessment was sent to Mr. Wallace on August 7, 2009 (Attachment L). According to 7J.0409(g)(4)(B), a proposed civil penalty in the amount of $871 is appropriate for this violation because the development could not have been permitted under the Commission's rules at the time the Notice of Violation was issued. This assessment includes a penalty pursuant to Schedule A and investigative costs. 16. If the violator was a contractor, attach copies of the previous Notices of Violation showing development in the same AECs and payment of any penalties. [See 7J.0409(f)(4)(G) and explain what the daily amount should be based on the CRCs rules.] Mr. Wallace is not a contractor, he is the property owner. 0 • • 0 17. If the violation was willful, describe why, pursuant to 7J.0409(f)(4)(E) or (5)(E), and attach any supporting documents. The violation was not willful. 18. If daily penalties are recommended, give the dates on which they should begin and end under 7J.0409(f)(4)(G) and explain what the daily amount should be based on the CRC's rules. Daily penalties are not recommended. 19. Are there any reasons for increasing or decreasing the penalties or for remitting them under the CRC's rules? [Circle] YES NO 20. Provide any other information or attach any other documents, which will help the Attorney General's office or the Director to understand the violation. Mr. Wallace has not paid the Civil Assessment sent to him on August 7, 2009. Mr. Wallace verbally requested a formal assessment of penalties from DCM on November 4, 2009 (See Attachment M for case notes). 21. If this form is not appropriate for a particular violation, write a narrative Enforcement Request, or, supplement this form as necessary. 22. All Enforcement Requests should be sent to the Attorney General's OjTice within six (6) months of when the violation was discovered if no restoration was required, or, when the restoration was completed If an injunction was requested, supplement the Injunction Request within six (6) months of the date the restoration was complete. SUBMITTED BY: Tara Croft TITLE: Caom liance and -Enforcement Representative, DCM DATE: / �EUY�' N.iIJGCr ��l7G% DATE REVIEWED BY DISTRICT MANAGER: 3 l z, l DATE ASSISTANT DIRECTOR REVIEWED: (Page 1 of 3) a This cart Ltiea that there ace no dCtsyuen[ ad valomn taxae. cr o'.hcc taxis uhtoh the Onslov .ly Tax Ccllerta[ Is che[ ad �� with col:ectinq, lbat are a d_ 'q�y+ (�t(]� • Parcel Identification Number: Tls is hot cacofi tioa LF Ft is cie.ae Y Pa[cal }d. ,rtaatlan . r Ir.iica thi. dead ddac.I��I�t����ll�l uc long to gnan,r< cam— Doc I0: 000910430003 Type: CAP n^ %horded! 03/30/2005 at 02!2e:12 PM Jt/ Faa Mt: $M. 00 Pape 1 of 3 Exclsa Tax: $20.00 Onelow County, K m 1d�redrM Thomas Register of Oeade sKG626 P0110-112 This cited presented to The ax O Dot WARRANTY DEED Prepared by: DOTSON & MILSTED 320 New Bridge Street Jacksonville, NC 28540 �1 a Stamps: � � �� Parcel No: 809 73 �y� 809 90 ,xy0�,Urs �)DL? �W-' ce' (of0 t�h1o,.JS N�� Mail to: macl�xru.11a, nr ';2WD NORTH CAROLINA ONSLOW COUNTY THIS DEED, made this day of 1��#{' 2006, by and between SUZAN B. THOMAS, Trustee, MARSHALL F. DOTSON, JR., Trustee, BRUCE RHOADES, Trustee, and ERNEST W. DARBY, Trustee, all Trustees of the Hunter Heath Trust, hereinafter referred to as Grantors, and DOUGLAS WALLACE and wife, VICKI WALLACE, hereinafter referred to as Grantees; WITNESSETH: That the Grantors, for a valuable consideration paid by the Grantees, the receipt of which is hereby acknowledged, has and by these presents does grant, bargain, sell, and convey unto the Grantees, their heirs and assigns, in fee simple, all that certain lot or parcel of land situated in Stump Sound Township, Onslow County, North Carolina, and more particularly described as follows: TRACT 1 BEING all of Lot 23, Block 15, Section 1, Old Settler's Beach, as shown and described on map recorded in Map Book 15, Page 57, Onslow County Registry. Subject to Restrictive Covenants appearing of record and to zoning and subdivision regulations of the town of North Topsail Beach. TRACT 2 BEING all of Lot 27, Block 15, Section 1, Old Settler's Beach, as shown and described on map recorded in Map Book 15, Page 57, Onslow County Registry. Subject to Restrictive Covenants appearing of record and to zoning and subdivision regulations of the town of North Topsail Beach. Rook 2626. Paae 110. Fi1e Ntnabe: (Page 2 of 3) TO HAVE AND TO HOLD the aforesaid lot or parcel of land and all privileges and appurtenances thereto belonging to the Grantees, their heirs and assigns in fee simple. And the Grantors do covenant that they are seized of the premises in fee simple, and have the right to convey the same, that the same is free and clear of all encumbrances, and that they will warrant and defend the title herein conveyed against the lawful claims of all persons whomsoever. IN WITNESS WHEREOF, the Grantors have hereunto set their hands and seals, the day and year first above written. (SEAL) o N B. T.HpOIMA-5, Truttee (SEAL) MARS ALL F/D SON, R., Trust e (SEAL) BRUCE RHOADES, Trustee Tr l 2/ (SEAL) NEST W. DARBY, Trustee STATE OF New ya r K COUNTY OF Me t#J 46 r tG AT I, 5"'SAny A. (54P.-IA a Notary Public in and for said County and State do hereby certify that Suzan B. Thomas, Grantor, personally appeared before me this day and acknowledged the execution of the foregoing instrument. Witness my hand and official stamp or seal, thisl3A dayofHArch 2006. yy((^{{7 ^ Notary Public My commission expires: euMNaowcw 1.='. FiMMA Q1JWWnN0rwa ewiy EXl*.J*06,2oo0 STATE OF NORTH CAROLINA COUNTY OF ONSLOW ), �(.I2 cc (_ a Notary Public in and for said County and State do hereby certify that Marshall F. Dotson, Jr., Grantor, personally appeared before me this day and acknowledged the execution of the foregoing instrument. Witness my hand and official stamp orseal, this _day of �iacc_�v 2006. Notary uuOlic My co mission expires: l' f-0 fa cFic� THELBA N=E AN Nray trl'< •� O,vbw CouNy, NC My GmmLalon Explraf — e �..4 7MC v�..0 11I1 Filu TTmmfinY (Page 3 of 3) STATE OF NORTH CAROLINA COUNTY OF ONSLOW I, Ya `' a Notary Public in and for said County and State do hereby certi that Bruce Rhoades, Grantor, personally appeared before me this day and acknowledged the execution of the foregoing instrument. Witness my hand and official stamp or sea[, this -;,q) dayof-6-naAr.G 2006. rr ^ : i 1A 1 1L u I My commission expires: -I9C- LS AL -I -0 10 TH"cFESAL. BAITT lei ��� 6Y.cYRMc C.1.w My. NC STATE OF ULr Mrcvmm6 bnE pim ' "D COUNTY O v I, TF�S A 0 r'(VvE.'P- a Notary Public in and for said County and State do hereby certify that Ernest W. Darby, Grantor, personally appeared before me this day and acknowledged the execution of the foregoing instrument. Witness my hand and official stamp orseal, this dayofLM aA Cam, , 2006. My ion_e 19 M.e;- STATE OF NORTH CAROLINA, ONSLOW COUNTY ". The foregoing certificate(s) of is (are) certified to be correct. This instrument was presented for registration this day of , 2006, at A.M., P.M., and duly recorded in the office of the Register of Deeds of Onslow County, North Carolina, in Book , Page This the _ day of 2006. REGISTER OF DEEDS ASSISTANT, DEPUTY REGISTER OF DEEDS Hook 2929. Paa 110. File N ar Onslow County, NC Property Record Card Page I of 1 L OWNERSHIP 09202008 47602 303 ]PROPERTY DESCRIPTION ITAX SUBDIVISIONS IMAP NUMBER CARD NO • WALLACE DOUGLAS 6 VICKI IOLD SET 1 B15 L23 ISTUMP SOUND TWP 1809 73, NUMBER:. 1 10597 19OE21 INORTH TOPSAIL BEACH IRECORD 600 RICHLANDS HWY I I (ROUTE 30200178 JACKSONVILLE NC 28540 1 ITEMP-425616162 ILISTER:JJ021705 - 5 DEED:2626 110M03302006 10000-2215109 21ST AVE I IREVIEW:JJ110105 ITOPO ISTREET (UTILITY ]ZONING 0.08 ACAES NBHD [LEVEL ]ALL -PUB IMHR AFCT:3- AL 3020 IPAVED I1 1 1 NOTES: III, � ILIGHT I I �/ [#ILAND CLASS I SIZE IBASERATE*FRNT"DPTH'ADJ=ADJRATE*UNITS=LND-VALUE ' 12159KMARSHWET1 1 1 0.08ACI 110.001 2.82ACFI 1310.2010.081 25 1 1 ILAND VALUE: 25 • #]OTHER FEAT I SIZE IBASERATE*COND-ADJRATE*UNITS-OFB-VALUE I I I I I 0 (OTHER VALUE: I FNDATION I XTRFNISHIROOFTYPEROOFMTALI SI ZE/QTYI 1 11.00STHT IWALLFNSHIFLOORS IHEAT&AIRIHEATFUELI I I I I I I I I VACANT 0 1 #ISTRUCTUREISKTCH-SF*STHT= AREA RATE*GRDF+HEAT+E%WL*WLHT=ADJRAT* AREA= RPCN* DEPF*CNDF=STR-VALUE STRUCTURE VALUE: 0 VALUATION] V,:UEIPREV-VAL.IP-N81 SALE IS-N91 TOTAL VALUE 25 LAND 1 I 231 25110091MULTPRCL I+ I 312LV/AC OTHERFEATI I 1 01 1 1033020061 1 STRUCTURE] I I 01 1 12626-1101 1 TOTAL I 1 1 251 25110081 100001 0%1 APPRAISED -VALUE: 25 Cl Show with Larder Font 179ShnwT.ink NnR.rer,Nu--- 9/24/2008 T' � a' ♦ {7, .. w �+'i%Y. 9 � ..Y � itt ' - � emrX' ' C� NCDENR North Carolina Department of Environment and Natural Resources Division of Coastal Management Michael F. Easley, Governor James H. Gregson, Director William G. Ross Jr., Secretary NOTICE OF VIOLATION October 6, 2008 CERTIFIED MAIL 70081140 0002 9559 0984 RETURN RECEIPT REQUESTED Mr. Douglas and Mrs. Vicki Wallace 600 Richlands Hwy Jacksonville, NC 28540 RE: NOTICE OF VIOLATION AND REQUEST TO CEASE UNAUTHORIZED DEVELOPMENT CAMA VIOLATION #08-55D Dear Mr. and Mrs. Wallace: This letter confirms that on September 24, 2008, Jon Giles, Field Representative for the Division of Coastal Management, and I were onsite at your property located at 5109 21 st Avenue adjacent to Stump Sound located in or near North Topsail Beach, Onslow County, North Carolina. The purpose of the visit was to investigate unauthorized development of unauthorized filling in Coastal Wetlands adjacent to Stump Sound. 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 (CAMA). 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.)113A-118. I have information that indicates you have undertaken or are legally responsible for unauthorized filling of coastal wetlands in an approximately 21.4' in width by 52' in length (±1112 square feet) area on you property adjacent to the AIWW. The affected Coastal Wetland areas contain Sperling altemiflora Juncus roemerianus and Typha sp. The activity also involved unauthorized filling of an approximately 16.4' in width by 16' in length (±262 square feet) area of high ground on the aforementioned property. This activity took place in Coastal Wetland and Estuarine Shoreline areas that are contiguous with Stump Sound. Coastal Wetland and Estuarine Shoreline areas are designated as Areas of Environmental Concern (AEC). No CAMA permit was issued for this development (filling) in these areas. Based on these findings, I am initiating an enforcement action by issuing this Notice of Violation for violation of the Coastal Area Management Act and the State's Dredge and Fill Law. I request that you immediately CEASE AND DESIST any further unauthorized activities within designated Areas of Environmental Concern. A civil assessment of up to $10,000 may be assessed against any violator. Investigative costs may be in addition to any civil penalty assessed. 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 ,. $10,000. 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 levy a civil assessment not to exceed $10,000, plus ( investigative costs against all violations of this type. This is done to recoup some of the costs of investigating - violations andlor to compensate the public for any damage to its natural resources. The amount assessed depends 127 Cardinal Drive Ext., Wilmington, North Carolina 28405-3845 Phone: 910-796-72151 FAX: 910-395-39641 Internet: www.nccoastalmanagement.net An Equal Opportunity 1 Affirmative Action Employer— 50% Recycled 110% Post Consumer Paper Mr. and Mrs. Wallace October 6, 2008 Page 2 of 4 on several factors, including the nature and area of the resources that were affected and the extent of the damage to them. You are also in violation of the State's Dredge and Fill Law which requires a permit from the North Carolina Department of Environment and Natural Resources before undertaking any excavating or filling in any estuarine waters, tidelands, marshlands, or state-owned lakes pursuant to N.C.G.S. 113-229. Therefore, I also request that you immediately CEASE AND DESIST such unauthorized activity and contact me about this matter as well. Violations of the State's Dredge and Fill Act may be enforced by a criminal penalty or a civil action for damages or an injunction in accordance with N.C.G.S.113-229. The filling of the marsh substrate that has been undertaken in Coastal Wetlands is inconsistent with the North Carolina Administrative Code, Title 15A, Subchapter 07H, Section .0205(d) and Section 7H .0209(d)(4) State Guidelines for Areas of Environmental Concern. The filling of Estuarine Shoreline in this area is inconsistent with the Town of North Topsail Beach Floodplain Ordinance. Therefore, I am requesting that the impacted coastal wetland and Estuarine shoreline areas be restored to pre -development conditions and the altered substrate be restored to same elevation as the immediately adjacent natural grade. The enclosed Restoration Plan describes the action necessary to bring this project into compliance with the Act. 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. 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 (910) 796-7215. Upon completion of the restoration as requested in the Restoration Plan Agreement to the satisfaction of the Division of Coastal Management, you will be notified as to the amount of the civil assessment for undertaking development without first obtaining the proper permit(s) and/or development that is inconsistent with Coastal Resources Commission rules. Sincerely, T Tara Croft Compliance and Enforcement Representative Cc: M. Ted Tyndall, Assistant Director, DCM Steven H. Everhart, PhD, District Manager, DCM Roy Brownlow, Compliance Coordinator, DCM". Jon Giles, Coastal Management Representative, DCM Deborah Hill, LPO �.- ENCLOSURE 127 Cardinal Drive Ext., Wilmington, North Carolina 28405-3845 Phone: (910) 796-72151 FAX: 910-395-39641 Internet: www.nccoastalmanagement.net ' IJ.S. Rostal Service,�r• ' - ` _' �• ;' `CERTIFIED MAILrM RECEIPT (Domestic Mail Only; No'Instirarice.Coveragd Provided) Fr^rd-"vv;ir:'�motirncs:Cpur wehslte atwwvi.usps.com® rfilled Fee _ ostmaSo 13 Res Cted Delivery Fee C3 (Endo Ment Required) -.Box NO.`• PS Form 3800, Pugust 2006 ' � � ` See Beverse'lor Insir`udion's, ■Complete Rams 1, 2, and 3. Also complete AI t ` item 4 if Restricted Delivery is desired. ❑ Agent ■ Print your name and address on the reverse ` _ ❑ Addressee I so that we can return the card to you. ■ Attach this card to the back of the mailpiece, B. Received by (Pdnted Name) C.�'te o eli or on the front if space permits. 1.. Article Addressed to: D. Is deliver � 1? ❑ Yes lfY "ICE reSrW'NCo No ` l OCT 14 zoos , i3. Type `�^''��"'t-✓�"�- _Sery 1515Certifled Mail- ❑Egress Mail ❑ Registered ❑ Return Receipt for Merchandise ❑ Insured Mail ❑ C.O.D. 4. Restricted Delivery? (Extra Pee) ❑ Yes 2. Article(rmnsf rftm 7008 1140 0002 9559' 0984 (fmnsfer horn service label PS Form 3811, February 2004 Domestic Return Receipt 1025e5402-to-1540 is • '-DCM ENFORCEMENT TRACKING 'REPORT Violation Desc Initial Discovery Date Violation Description Respondent In Respondent Nam Address Phone # Email Violation Type: . No Permit Permit Condition u Expired Permit' U` Inconsistent wl Rules Violation Base No Violated Permit P Of applicable) AEC: Yes / No City State Zip -Fax# Project Type: Authorizations Required: Site Visits Respondent Site Visits Respondent )_,�_PrivatelCommunity VX_ Major • CAMA � � O(/ pres nt ' e O�j prlemnt GovtlPubl!c' Minor D&F 6 J Commercial ,_ General - Violation Location and Site Description Project Location: County__hA\NL Street Address/ State Road/ Lot 1(s) —Ua m: •cit• >, 1 r�1^ ±1f VA Phone it Riv Basin' Adj. Wtr. :.. closest Maj. Wtr. Body Rover -File Shoreline Length SAV: Not Sure Yes No Sandbags: Not Sine Y�es^^�� No PNA: No Adjacent ORW: es No Adjacent Crit Hab. Yes No Photos: No Waiver Required Yes o' In DWO Buffer Area 'res N Specify DWQ Buffer if applicable: Restoration f1 p 0� f � (ZZU- O NOV Date �!' `K` "`� ' ' Initial Reel. Comp: Datel.�x ' " V Extension Granted Yes No CNOV Date Date Comp. Observed Restoration Letter !�/i7 Acceptance Date `1 �f'l9 Penalty Assessment �� Sent to Respondent Date Rcvd. by Dist. Mgr, Date Assessment Extended Yes No 71.0409 Ref. Recomm. Assess. ; DCM Assess. App./Permit Fee g Penalty L •JV ) ; I Willfullintent. $ : S Continuing S is Other S 1 ^ IS I Total 4 n 1--� i Formal Assessments, Appeals and Reductions ' • Date Long Form Submitted Date Formal CPA Submitted Assessment Appealed Yes ' Final Assessment $No:.3;' Pehalty.modifed Attorney General's Office for Injunction or Formal Collection Date sent to AG �— ---. Respondant not responsive to petialty/NOV 1 Injunction to complete restoratioh.'..'` Date Collection Let: Sent. Date Demand Let. Sent______— Violation Activities and Impacts AECs AC�- .. C EW PTA ES Wetlands Impacted? Ye / No OEA HHF IH PTS It yes, which types;;;.:'] PWS:�—.. FC: `-� DS Cl SY JRR LS TY Other: — SS' SC SP IF �BF 404 Restoration Required by the Respondent Yes / No j- Dimensions in excess . of permit/ unauthorized^?h'�I ` .Dimensio to restore Final dimensions Oevelopment AUivities r 5C. "� allowed Actually restored �( IA • __ -- - ........ .....-- - - --- • -------------------- - Payment Received S t Date Case Closed Mr. and Mrs. Wallace October 6, 2008 Page 3 of 4 RESTORATION PLAN For Mr. Douglas and Mrs. Vicki Wallace Property CAMA Violation No. 08-55D Property located at 5109 21sr Avenue, Onslow County 1. Restore 1112 square feet of impacted Coastal Wetland and the altered marshland substrate area to its pre - development condition and restore to the same elevation as the immediately adjacent natural grade in a manner that will not cause additional substrate alteration (i.e. using hand tools such as rakes and shovels). 2. Restore 262 square feet of impacted Estuarine Shoreline area to its pre -development condition and restore to the same elevation as the immediately adjacent natural grade. Restore to pre -development conditions. Restore the altered substrate to same elevation as the immediately adjacent natural grade. Fill material to be removed is an average of 21.4 ft. in width and 52 ft. in length. The depth is appro)dmately 14 inches in this area. �y# l R. ..� t+ry fP ��0.g • 1 1 . ,. 5R A V�t�� .�',i3 1 .. `�dA3�' .tip. � ' • Fill to be removed = Coastal Wetlands Area = d. Estuarine Shoreline Area =*.*.'.'.' •'•'•'•'• 127 Cardinal Drive Ext., Wilmington, North Carolina 28405-3845 Phone: (910) 796-72151 FAX: 910-395-396411nternet: www.nccoastalmanagement.net Mr. and Mrs. Wallace October 6, 2008 Page 4 of 4 We, Mr. Douglas and Mrs. Vicki Wallace, agree to restore the adversely impacted areas to the pre -development elevation and contour as described herein. We agree to complete this restoration to the satisfaction of the Division of Coastal Management by November 6, 2008, or provide an explanation for non-compliance and a reasonable request for time extension. SIGNATURE: DATE: It is the policy of the Coastal Resources Commission to levy a civil assessment against all violations. 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: (910) 796-72151 FAX: 910-395-39641 Internet: www.nccoastalmanagement.net eg- fi 0 3 g5`3 9E NME 7< m TY _ bA h y,lu- oF,cl c e_;la JW, zg �/ em4 RAjzWQzft FSiH*tm*4�17 JWk� 4z ��19�6e,* ��$�a. R UAe _ 6LIJ �rv_._2.1_•�'+-`-'___ ®TREE------ ZIP---------------------------------- 'vliru.Lh Air` �r MAU PHONE VAQRX *Ioiz ------_-_--„t TV�A:B FIA+�! MpDfl �y'�mK6K Ity�P @�' mWM•mODX vmud mm{ 6!SK�a9L Grp ___ f•'—;,. 0A._._ -..._ ytA "Mon OVAW�93NAlif�&wm*nft&UWNN LAWN .47 4 Z. �D09IV 1 _. Gt✓' �� -0rN 1Pd'dN "" m PlLYc�KIM al` OF W eAm e ---------- NRB.AT$------------ FAIWtS6-------------- LION --------- % 1 �•4%MQf�y wjAwlxoAUM IDS to popolp the TAX ----------- -- k ON $-------------- u®AN�Gs am dl� fia�IB v6Q6kl® emofe�ame. SURL r;T AND NET ITSM8......................................... 0Id�9kJ5i3.,..---_•_--- .-1. ...... I--- ... ..... I ...................... butt, gjq,hyM Rip" ....................................................... K9Z~UB WASTE @I MEAL ............................. .4AI4NUIG'1. fl�%yq.YNA ARA. NCDENR North Carolina Department of Environment and Natural Resources Division of Coastal Management Michael F. Easley, Governor James H. Gregson, Director William G.'Ross Jr., Secretary December 2, 2008 Mr. Douglas and Mrs. Vicki Wallace 600 Richlands Hwy Jacksonville, NC 28540 RE: RESTORATION DEADLINE EXTENSION CAMA VIOLATION CASE NO.08.55D Dear Mr. Wallace: This letter confirms the receipt of your November 26 2008 request referencing the November 6, 2008 time limit for restoring the unauthorized filling in Coastal Wetlands that you are legally responsible for within Coastal Wetland and Estuarine Shoreline areas adjacent to Stump Sound at your property located at 5109 21st Avenue in Onslow, North Carolina. Notice of Violation case number 08-55D was issued to you on October 6, 2008 for the unauthorized work and requested restoration. Based on our November 26, 2008 and December 2, 2008 conversations and the installation of sediment fencing around the impacted area, your request to extend the restoration time limit is approved in order to allow you. additional time to comply with the requested restoration. The restoration time limit is extended to December 26, 2008. Please note that this extension is for a thirty (30) day period. The requested restoration must be performed to the satisfaction of the Division of Coastal Management by the date indicated. Thank you for your cooperation in resolving this important matter. If you have. any questions about this or related matters, please call me at (910) 796-7215. Sincerely, Tara Croft Compliance and Enforcement Representative Cc: M. Ted Tyndall, Assistant Director, DCM Steven H. Everhart, PhD, District Manager, DCM Roy Brownlow, Compliance Coordinator, DCM Jon Giles, Coastal Management Representative, DCM Deborah Hill, I -PO (" 127 Cardinal Drive Ext., Wilmington, North Carolina 28405-3845 Phone: (910) 796-72151 FAX: 910-395-39641 Internet: www.nccoastalmanagement.net An Eaual O000nunity 1 Affirmative Action Emplover — 50% Recycled 110% Post consumer Paper q7 PM x 5 *' a yppy RY a y M W,t yigh .. TT Z U.S. ARMY CORPS OF ENGINEERS Wilmington District Action Id.2009 131 County Onslow Notification of Unauthorized Activity/Permit Noncompliance Responsible Party: Mr. Doug Wallace 600 Richlands Highway Jacksonville, NC 28540 Size and Location of Property (include waterbody, highway name/number, town, etc.) The property is located approximately 150 Carolina. Description of Unauthorized Activity: Unauthorized filling of approximately 200 square feet of wetlands This letter is the result of January 13, 2009 visit to your property where the extent of the fill in wetlands was determined Indicate which of the following apply: X Unauthorized Activity River & Harbor Act, Section 10 (33 USC 403) _ Noncompliance with Permit X Clean Water Act, Section 301 (33 USC 1311) Unless you have a Department of the Army permit for the above- described activity, it is a violation of federal law as specified above. You have agreed to do no further work in waters or wetlands without the required Department of the Army permit Any further unauthorized work in waters or wetlands will be considered an intentional violation of federal law. If you do no further work in waters or wetlands and perform the remedial action requested below, the Coms of Engineers will take no further action in this matter. If you continue to work in waters and wetlands without the required authorization, and/or fail to perform the requested remedial action, the Corps will take further administrative action, and may request the U.S. Attorney to file suit against you. If you need further information about the Corps of Engineers regulatory program, please contact me at (910) 251-4611. Remedial Action Requested: The unauthorized fill located on your property was identified by pink wetland pin flags marked in the field on January 13, 2009. This unauthorized fill should be removed either by hand with shovels or with a smooth bucket excavator (toothless bucket to eliminate disturbing the buried root mat) and placed on highground The material should be removed to the elevation present before the fill occurred (black organic surface leaving as many live roots as possible). A silt fence should be installed along the wetland line (pink pin flag alignment) to keen material don't hesitate to give me a call at 910-251-4611. Your signature acknowledges receipt of this notification. Property Owner/Responsible Party Signature Project Manager Signature Date January 22, 2009 +<f { cc: NCDENR, DCM Tara Croft 127 Cardinal Drive Ext. Wilmington, NC 28405 �� p NCDENR, DWQ Joanne Steenhuis 127 Cardinal Drive Ext. Wilmington, NC 28405 J'!�iN 2 G 2P109 '4±fflrAJL NCDENR North Carolina Department of Environment and Natural Resources Division of Coastal Management Beverly Eaves Perdue James H. Gregson Governor Mr. Douglas and Mrs. Vicki Wallace 600 Richlands Hwy Jacksonville, NC 28540 RE: RESTORATION DEADLINE Director April 13, 2009 CAMA VIOLATION CASE NO.08.55D Dear Mr. Wallace: Dee Freeman Secretary This letter references the U.S. Army Corps of Engineers designated restoration deadline of April 6, 2009 for restoring the unauthorized filling of Section 404 Federal wetlands that occurred during the Coastal Wetland restoration that you are legally responsible for within Coastal Wetland and Estuarine Shoreline areas adjacent to Stump Sound at your property located at 5109 21st Avenue in Onslow, North Carolina. Notice of Violation case nuiTlber 08-55D was issued to you on October 6, 2008 for unauthorized work and requested restoration, Based on my April 6, 2009 site visit, the Inner silt fencing in the Coastal Wetlands at your property located at 5109 21st Avenue in North Topsail Beach and the unauthorized fill placed in Section 404 wetlands off Island Drive that occurred during Coastal Wetland restoration have not been restored. Upon completion of the restoration as requested in the Restoration Plan Agreement to the satisfaction of the Division of Coastal Management, you will be notified as to the amount of the civil assessment for undertaking development without first obtaining the proper permit(s) and/or development that is inconsistent with Coastal Resources Commission ruleS. Thank you for your cooperation in resolving this important matter. If you have any questions about this or related matters, please call me at (910) 796-7215. Sincerely, Tara Cfoftr:'^` Compliance and Enforcement Representative Cc: M. Ted i yndall, Assistant Director, DCM Steven I i. Everhart, PhD, District Manager, DCM Roy Brc:.;;i;nh, Cumpbilnce Coordinator, DCM Jon Gil(rr, :aa::c:i IJ,,;i ri anent Representative, DCM Brad Shaver, USACE Ryan MacAllister, LPO 127 Cardinal Drive Ext., Wilmington, Nonh Carolina 28405-3845 One Phone: (910) 796-72151FAX: 910-395-39641Internet: www,nccoastalmanagement.nel NorthCarolina An Equal Opportunity 1 Allirmative Action Employer - 50% Recycled 110% Post Consumer Paper a,i tmul y July 14, 2009 Regulatory Division Action ID Number: SAW-2009-00131 Mr. Doug Wallace 600 Richlands Highway Jacksonville, North Carolina 28540 Dear Mr. Wallace: Please reference our Notification of Unauthorized Activity, dated January 22, 2009, issued to you regarding the unauthorized discharge of fill material into approximately 200 square feet of wetlands, subject to the permitting requirements of Section 404 of the Clean Water Act (CWA)(33 USC § 1344), adjacent to Topsail Sound, at a property located 150 feet north of 21" Avenue, in the Town of North Topsail Beach, Onslow County, North Carolina. On April 23, 2009, Mr. David Bailey and Ms. Teresa Russell of the U.S. Army Corps of Engineers Wilmington Regulatory Field Office (Corps) conducted a site inspection and observed your restoration efforts. In addition, Mr. Brad Shaver, also of the Corps, spoke with you (via telephone) on May 11, 2009, and discussed final site remediation and you agreed to remove the remaining six (6') of fill material. Then on May 19, 2009, Mr. Bailey conducted a follow up site visit. Based upon these site inspections and your conversation with Mr. Shaver, we determine that your efforts and commitment to remove the fill material is satisfactory to resolve this particular violation of Section 301 of the Clean Water Act (33 USC 1311). Accordingly, we will take no further action and close our file as of the date of this letter. Please be cautioned that we will consider any future unauthorized work in waters and wetlands in Section 404 wetlands or waters a willful and intentional violation of Federal law and will result in immediate referral of the matter to the U.S. Environmental Protection Agency with recommendation for civil and/or criminal prosecution. r- -2- Thank you for your time and continuing cooperation to resolve this matter. If you have any questions or comments in this matter or any future permit inquiries, please contact Mr. Brad Shaver at (910) 251-4611 or'Mr. Jennifer Frye, Corps Enforcement Coordinator, at (910) 251- 4923. Copies Furnished: Mr. George E.B. Holding United States Attorney Eastern District of North Carolina 310 New Bern Avenue, Suite 800 Raleigh, North Carolina 27601-1461 Ms. Molly Davis, Chief FILENAME: 2009-131 WallaceCLOSEOUT.7a Sincerely, CESAW-RG-L/FRYE/gr CESAW-RG-L/WALKER/s MAIL (cm-rrr) CESAW-RG/FILE William T. Walker, Chief Wilmington Regulatory Field Office Ms. Joanne Steenhuis Division of Water Quality N.C. Department of Environment and Natural Resources 127 Cardinal Drive Extension Wilmington, North Carolina 28405 Wetlands Enforcement Section Ms. Tara Croft Water Protection Division Division of Coastal Management Clean Water Enforcement Branch N.C. Department of Environment U.S. Environmental Protection Agency and Natural Resources 61 Forsyth Street, SW 127 Cardinal Drive Extension Atlanta, Georgia 30303-8960 Wilmington, North Carolina 28405 Blind Copies Furnished: CESAW-RG-L/FRYE CESAW-RG-L/SHAVER CESAW-OC/MCCORCLE NCDENR North Carolina Department of Environment and Natural Resources Division of Coastal Management Beverly Eaves Perdue" James H. Gregson Dee Freeman Governor Director Secretary August 4, 2009 Mr. Douglas and Mrs. Vicki Wallace 600 Richlands Hwy Jacksonville, NC 28540 RE: RESTORATION ACCEPTANCE — CAMA VIOLATION #08.55D Dear Mr. Wallace: This letter is in reference to the Notice of Violation # 08-55D sent to you dated October 6, 2008 for the unauthorized filling of Coastal Wetlands adjacent to Stump Sound within the Coastal Wetland and Estuarine Shoreline areas that are contiguous with Stump Sound. The violation took place on your property located at 5109 2111 Avenue located in or near North Topsail Beach in Onslow County, North Carolina. This unauthorized activity constituted development and you were requested to restore the impacted Coastal Wetland and Estuarine Shoreline areas to pre -development conditions and restored the altered substrate to the same elevation as the immediately adjacent natural grade. In accordance with the North Carolina Administrative Code, Title 15A, Subchapter 7J.0410, any violation involving development which is inconsistent with guidelines for development within Areas of Environmental Concern (AEC) must be corrected by restoring the project site to pre -development conditions to recover lost resources or to prevent further resource damage. I conducted a site visit at the aforementioned property on July 21, 2009 to inspect the restoration of the unauthorized activity addressed in the Notice of Violation 08-55D. Based on this inspection, and the receipt of the US Army Corps of Engineers restoration acceptance letter dated July 14, 2009, it appears the restoration is accomplished to the satisfaction of this Division. Upon my submission of an enforcement report, you will be notified as to the amount of the civil penalty for undertaking this unauthorized activity within an Area of Environmental concern. Thank you for your attention and cooperation in this matter. If you have any questions pertaining to this matter, please feel free to call me at (910) 796-7215. Sincerely, P Tara'Croft Compliance and Enforcement Representative Cc: M. Ted Tyndall, Assistant Director, DCM Steven H. Everhart, PhD, District Manager, DCM _ Roy Brownlow, Compliance Coordinator, DCM i Ryan McAllister, LPO 127 Cardinal Drive Ext., Wilmington, North Carolina 28405-3845 Phone: (910) 796-72151 FAX: 910-395-39641 Internet: www.nccoastalmanagement.net NorthCarolina Natura!!u AGA. NCDENR North Carolina Department of Environment and Natural Resources Division of Coastal Management Beverly Eaves Perdue James H. Gregson Dee Freeman Governor Director Secretary August 7, 2009 CERTIFIED MAIL 70081140 0002 9563 0642 RETURN RECEIPT REQUESTED Mr. Douglas and Mrs. Vicki Wallace 600 Richlands Hwy Jacksonville, NC 28540 RE: CAMA VIOLATION #08-55D Dear Mr. Wallace: This letter is in reference to the Notice of Violation dated October 6, 2008 that Tara Croft, representative for the Division of Coastal Management, issued to you for unauthorized filling in Coastal Wetlands adjacent to Stump Sound at 5109 21It Avenue located in or near North Topsail Beach, Onslow County. The violation involved Coastal Wetland and Estuarine Shoreline Areas, which are Areas of Environmental Concern designated by the Coastal Resources Commission:- Based upon the site visit cohducted on July21, 2009 by Tara Croft,'and the receipt of the US Army Corps of Engineers restoration acceptance letter dated July 14, 2009, 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 $10,000 plus investigative costs 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 Resources Commission, a proposed civil penalty in the amount of $871 is appropriate for this violation. You may expeditiously resolve this matter prior to the assessment of a formal civil penalty byaccepting responsibility for the violation and paying the amount proposed above. In order to 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 $871 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. 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 settlement of the penalty. 127 Cardinal Drive Ext., Wilmington, North Carolina 28405-3846 Phone: 910-796-7215\FAX: 910-395-396411ntemet: www.nccoastaimanagement.net An Equal Opportunity 1 Affirmative Action Employer- 50% Recycled 110% Post Consumer Paper One >...... NorthCarohfia Naturally Mr. Doug Wallace August 7, 2009 Page 2 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 (910) 796-72)5. District Manager Enclosures cc: M. Ted Tyndall, Assistant Director, DCM - Roy BroWnlow, Compliance Coordinator, DCM Tara Croft, Compliance and Enforcement Representative Ryan McAllister, LPO 127 Cardinal Drive Exl., Wilmington, North Carolina 28405-3845 Phone: 910-796-72151 FAX: 910-395-39641Internet: www.nccoastalmanagement.net An Equal Opportunity 1 Affirmative Action Employer— 50% Recycled 110% Post Consumer Paper One NorthCarolina �atura!!� Mr. Doug Wallace August 7, 2009 Page 3 CAMA VIOLATION #08.55D Mr. Doug Wallace AGREEMENT TO PAY PROPOSED CIVIL ASSESSMENT I understand thatthe staff of the Departmentof Environment and Natural Resources will propose the assessment of a civil penalty in the amount of $871 against me for violation of the Coastal Area Management Act, NCGS 113A-100 et seg, committed on or near property located at 5109 21stAvenue in Onslow County, North Carolina. In orderto resolve this matterwith no further action or expense on my part, I accept responsibility forthe violation as described in the Notice of Violation letter dated October 6, 2008, and agree to pay the proposed civil assessment of $871. DATE SIGNATURE ADDRESS TELEPHONE NUMBER 127 Cardinal Drive Ext., Wilmington, North Carolina 28405-3845 Phone: 910-796-72151FAX: 910.395-396411nternet: www.nccoastalmanagement.net An Equal opportunity l Affirmative Action Employer —50% Recycled 110% Post Consumer Paper NorthCarolina Nah a!!f r` ru 7 —0 O m ..o ul Er IL CO O C C r r -1 C C r ■ Completeneuro b--- -- ftem 4 if Restricted Delivery is deslied• ■ Print your name and address on there' so that we can return the card to y ■ Attach this card to the back of t19 "' or on the front If space permits• ,nt .yAtu j t. Article Addressed to: 2. Article Number PS Form ,February 2004 Re ived me e)ZVIC. �@ �f Delivery D. 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RaabiCted Delivery' (Etfra•Fee) O Yes 7008 11t}p p002 9563Lm 0642 to259-102 JM640 Domestic Return Receipt �jbiN �bvk Ww �Onut \�mtin 1 Dm� wy� NAME: 1 d V I tv NI Case NO: - CASE NOTES NEW! mlj�jiii� " � I imp, I 64k .4 will 1�1 A MA 31,111, Im I 'RIA R''Imm, If © ��Yn.9111\r� Nil%� ►►' m VA W, L mm m M7 t� it wm al Orl a oll �� ,h 10, — jow q � wt� UA qws I NAME:wkvovto Case NO: �(kcg -z-- CASE NOTES y� i A WOE YJARF FORM Mal mill lf LF= 9/22/2010 UNITED STATES POSTAL SERVICE USPS - Track & Confirm Home I Help I Sign In Track & Confirm Search Results Label/Receipt Number: 7009 1410 0001 5954 0174 Service(s): Certified Mail' Status: Delivered Your item was delivered at 12:35 pm on August 06, 2010 in JACKSONVILLE, NC 28540, Detailed Results: • Delivered, August 06, 2010,12:35 pm, JACKSONVILLE, NC 28540 • Arrival at Unit, August 06, 2010, 7:35 am, JACKSONVILLE, NC 28540 Site Map Customer Sew ice Forms Gov't services Careers Copyright© 2010 USPS. All Rights Reserved. No FEAR Act EEO Data FOIA Track & Confirm FAQs Track & Confirm Enter Label/Receipt Number. Go Privacy Policy Tetras of Use Business Customer Gateway I �r rt e a, ., n•ra x.Fr :� ...usps.com/.../InterLabelInquiry.do 1/1 North Carolina Beverly Eaves Perdue Governor NCDENR Department of Environment and Division of Coastal Management CERTIFIED MAIL 70081140 0002 9563 0642 RETURN RECEIPT REQUESTED Mr. Douglas and Mrs. Vicki Wallace 600 Richlands Hwy Jacksonville, NC 28540 RE: CAMA VIOLATION #08-55D Dear Mr. Wallace: James H. Gregson Director August 7, 2009 Natural Resources Dee Freeman Secretary This letter is in reference to the Notice of Violation dated October 6, 2008 that Tara Croft, representative for the Division of Coastal Management, issued to you for unauthorized filling in Coastal Wetlands adjacent to Stump Sound at 5109 21st Avenue located in or near North Topsail Beach, Onslow County. The violation involved Coastal Wetland and Estuarine Shoreline Areas, which are Areas of Environmental Concern designated by the Coastal Resources Commission.- Based upon the site visit conducted on July 21, 2009 by Tara Croft, and the receipt of the US Army Corps of Engineers restoration acceptance letter dated July 14, 2009, 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 $10,000 plus investigative costs 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 Resources Commission, a proposed civil penalty in the amount of $871 is appropriate for this violation. You may expeditiously resolve this matter prior to the assessment of a formal civil penalty by accepting responsibility for the violation and paying the amount proposed above. In order to 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 $871 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. 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 settlement of the penalty. 127 Cardinal Drive Ext., Wilmington, North Carolina 26405-3645 Phone: 910-796-72151FAX: 910-395-39641Internet: www.nccoastaimanagement.net An Equal Opportunity 1 Affirmative Action Employer— 50% Recycled 110% Post Consumer Paper NonrthCarolina Natura!!rf Mr. Doug Wallace August 7, 2009 Page 2 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 (910) 796-72)5. District Manager Enclosures cc: M. Ted Tyndall, Assistant Director, DCM Roy Brownlow, Compliance Coordinator, DCM Tara Croft, Compliance and Enforcement Representative Ryan McAllister, LPO AUG l 4 2009 Morehead City J)CM 127 Cardinal Drive Ext., Wilmington, North Carolina 28405-3845 None C Phone: 910-796-7215 \ FAX: 910-395-3964 \ Internet: www.nccoastalmanagement net Nai OI1Tla turalta An Equal Opportunity \ Affirmative Action Employer— 50% Recycled \ 10% Post Consumer Paper Mr. Doug Wallace August 7, 2009 Page 3 CAMA VIOLATION #08.55D Mr. Doug Wallace 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 $871 against me for violation of the Coastal Area Management Act, NCGS 113A-100 et sec, committed on or near property located at 5109 21stAvenue in Onslow County, North Carolina. In orderto resolve this matterwith no further action orexpense on my part, I accept responsibility forthe violation as described in the Notice of Violation letter dated October 6, 2008, and agree to pay the proposed civil assessment of $871. DATE SIGNATURE ADDRESS TELEPHONE NUMBER 127 Cardinal Drive Ext., Wilmington, North Carolina 28405-3845 1 One NOrthCarohna rOluia Phone: 910-796-72151FAX: 910-395-396411ntemet: www.nccoastalmanagement.net �a1luN An Equal opportunity lAffirmativeAction Employer —50%Recycled 110%Post Consumer Paper J DCM ENFORCEMENT TRACKING REPORT �Z FieIdRec<(w0l,, ( Violation Base No. IPO A A B C 0 LPJ Violated Permit No. (ir applicable) Violation Descrip ion Was activ'ty permittable? as 1 0 Initial Discovery Date Discover M hod ip Violation Description _ by— �1 1 1�A litil1Jj 4AAtVV1AVV. Respondent Infor ation P for Violati s in same AEC: Yes 1 No Respondent Name('o% it V 11A rA e 0, 1r Address City k VIC Phone # . Fax # Email Violation Type: \\.�,,PLLroject Type: '' Authorizations Required: . Site Visits Respondent Pres No Permit ` j_Private/Community nt Major CAMA I I O{� _ Permit Condition' Govt.IPublic MinorD&F j o II Expired Permit' ;_ Commercial _' General - inconsistent wl Rules t Violation Location and Site Description Project Location: County_ Street Address! State Road/ Lot #(s) Subdivision City , oibizip Phone # (_) Riv Basin Adj. Wtr. Body _ n I n h, n kn Closest.Maj. Wtr. Body—'' Restoration,�s `�� NOV Date CNOV Date Penalty Assessment Sent to Respondent Date Rcvd, by Dist. Mgr. Date Assessment Extended . Yes No Zip Site Visits _ Respondent Rover File VY1f,1t-11 Lr—t I'll Shoreline Length_ SAVI Not Sure Yes No Sandbags: Not Sure Yes No PNA: Yes No Adjacent ORW: es No Adjacent ..Crit. Hab. Yes No Photos (9 No Waiver Required Yes o` In DWQ Buffer Area Yes N Specify DWQ Buffer if applicable: _. Initial Req. Comp. Datery —� Date Comp. Observed �A_ Restoration Letter Acceptance Date 7J.0409 Ref. , Recomm. Assess No IYes� t9 0 ' DCM Assess. j App./Permit Fee $ $ Penalty $ ffbQ i$ Willful/Intent. $ q Continuing S i $ Other In, $ 'd\\— i$ Total 0--1 I Formal Assessments, Appeals and Reductions Date Long Form Submitted _ Date Formal CPA Submitted Final Assessment 4 Assessment Appealed Yes Penalty modified Attorney General's Office for Injunction or Formal Collection Date sent to AG - - Respondant not responsive to Pena tylNOV Injunction to complete restoration Date Collection Let. Sent _� L Date Demand Let. Sent Violation Activities and Impacts AECs Ad C EW PTA ES Wetlands Impacted? Ye / No OEA HHF PTS If yes, which types: IH DS cl SY LS Other:. FC: - SS SC SP F iF 404 TY Restoration Required by the Respond ent Dimensions in excess of I uevet) ment Activities C 1AP4. Habitat . - ......... uceived No restore Final dimensions allowed Actually restored Date Case Closed \DM%A !�Wq� NAME: 1 d Case N0: CASE NOTES ,� ,MW "Kill —Itiiliv, f F XT f "I, IWOW WMAl "A I Al''ll Oil gy 1 © ,, ►� ►►� '1�L' ®� � _L L __►_1 —_� a �, N",�ICd11 - n��e�' �� L O NAME: )t IKAp Case NO: PIA -It CASE NOTES DATE TIME NOTES �I► o lob � � ��`' oloq 1zM t) � QW �;�A=Aj�aLo �t k 5�aalc�iFAru.+t. � 71/U A.PWQ MAIO v = ,5 = tat S Y A July 14, 2009 Regulatory Division /:. me, t1 21.Y;\i1b�oI�Yailij[c�l Mr. Doug Wallace 600 Richlands Highway Jacksonville, North Carolina 28540 Dear Mr. Wallace: Please reference our Notification of Unauthorized Activity, dated January 22, 2009, issued to you regarding the unauthorized discharge of fill material into approximately 200 square feet of wetlands, subject to the permitting requirements of Section 404 of the Clean Water Act (CWA)(33 USC § 1344), adjacent to Topsail Sound, at a property located 150 feet north of 21" Avenue, in the Town of North Topsail Beach, Onslow County, North Carolina. On April 23, 2009, Mr. David Bailey and Ms. Teresa Russell of the U.S. Army Corps of Engineers Wilmington Regulatory Field Office (Corps) conducted a site inspection and observed your restoration efforts. In addition, Mr. Brad Shaver, also of the Corps, spoke with you (via telephone) on May 11, 2009, and discussed final site remediation and you agreed to remove the remaining six (6") of fill material. Then on May 19, 2009, Mr. Bailey conducted a follow up site visit. Based upon these site inspections and your conversation with Mr. Shaver, we determine that your efforts and commitment to remove the fill material is satisfactory to resolve this particular violation of Section 301 of the Clean Water Act (33 USC 1311). Accordingly, we will take no further action and close our file as of the date of this letter. Please be cautioned that we will consider any future unauthorized work in waters and wetlands in Section 404 wetlands or waters a willful and intentional violation of Federal law and will result in immediate referral of the matter to the U.S. Environmental Protection Agency with recommendation for civil and/or criminal prosecution. -2- Thank you for your time and continuing cooperation to resolve this matter. If you have any questions or comments in this matter or any future permit inquiries, please contact Mr. Brad Shaver at (910) 251-4611 or Mr. Jennifer Frye, Corps Enforcement Coordinator, at (910) 251- 4923. FILENAME: 2009-131 WallaceCLOSEOUT.7a Sincerely, CESAW-RG-L/FRYE/gr CESAW-RG-L/WALKER/s MAIL (cm-rrr) CESAW-RG/FILE William T. Walker, Chief Wilmington Regulatory Field Office Copies Furnished: Mr. George E.B. Holding Ms. Joanne Steenhuis United States Attorney Division of Water Quality Eastern District of North Carolina N.C. Department of Environment 310 New Bern Avenue, Suite 800 and Natural Resources Raleigh, North Carolina 27601-1461 127 Cardinal Drive Extension Wilmington, North Carolina 28405 Ms. Molly Davis, Chief Wetlands Enforcement Section Ms. Tara Croft Water Protection Division Division of Coastal Management Clean Water Enforcement Branch N.C. Department of Environment U.S. Environmental Protection Agency and Natural Resources 61 Forsyth Street, SW 127 Cardinal Drive Extension Atlanta, Georgia 30303-8960 Wilmington, North Carolina 28405 Blind Copies Furnished: CESAW-RG-L/FRYE CESAW-RG-L/SHAVER CESAW-OC/MCCORCLE n+ ARA NCDENR North Carolina Department of Environment and Natural Resources Division of Coastal Management Michael F. Easley, Governor James H. Gregson, Director William G. Ross Jr., Secretary NOTICE OF VIOLATION October 6, 2008 CERTIFIED MAIL 70081140 0002 9559 0984 ;� ✓� r RETURN RECEIPT REQUESTED W Mr. Douglas and Mrs. Vicki Wallace 0 C T 8 2008 600 Richlands Hwy w10!@hEad Jacksonville, NC 28540 City DCN RE: NOTICE OF VIOLATION AND REQUEST TO CEASE UNAUTHORIZED DEVELOPMENT CAMA VIOLATION #08-55D Dear Mr. and Mrs. Wallace This letter confirms that on September 24, 2008, Jon Giles, Field Representative for the Division of Coastal Management, and I were onsite at your property located at 5109 215r Avenue adjacent to Stump Sound located in or near North Topsail Beach, Onslow County, North Carolina. The purpose of the visit was to investigate unauthorized development of unauthorized filling in Coastal Wetlands adjacent to Stump Sound. 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 (CAMA). 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. 1 have information that indicates you have undertaken or are legally responsible for unauthorized filling of coastal wetlands in an approximately 21.4' in width by 52' in length (t1112 square feet) area on you property adjacent to the AIWW. The affected Coastal Wetland areas contain Sparfina affemi cira, Juncus roemerianus and Tvpha sp. The activity also involved unauthorized filling of an approximately 16.4' in width by 16' in length (t262 square feet) area of high ground on the aforementioned property. This activity took place in Coastal Wetland and Estuarine Shoreline areas that are contiguous with Stump Sound. Coastal Wetland and Estuarine Shoreline areas are designated as Areas of Environmental Concern (AEC). No CAMA permit was issued for this development (filling) in these areas. Based on these findings, I am initiating an enforcement action by issuing this Notice of Violation for violation of the Coastal Area Management Act and the State's Dredge and Fill Law. I request that you immediately CEASE AND DESIST any further unauthorized activities within designated Areas of Environmental Concern, A civil assessment of up to $10,000 may be assessed against any violator. Investigative costs may be in addition to any civil penalty assessed. 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 $10,000. 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 levy a civil assessment not to exceed $10,000, plus investigative costs against all violations of this type. 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. The amount assessed depends 127 Cardinal Drive Ext., Wilmington, North Carolina 28405-3845 Phone: 910-796-7215 \ FAX: 910-395-3964\ Internet: www.necoastaimanagement.net An Equal Opportunity \ Affirmative Action Employer— 50% Recycled \ 10% Post Consumer Paper Mr. and Mrs. Wallace October 6, 2008 Page 2 of 4 on several factors, including the nature and area of the resources that were affected and the extent of the damage to them. You are also in violation of the State's Dredge and Fill Law which requires a permit from the North Carolina Department of Environment and Natural Resources before undertaking any excavating or filling in any estuarine waters, tidelands, marshlands, or state-owned lakes pursuant to N.C.G.S. 113-229. Therefore, I also request that you immediately CEASE AND DESIST such unauthorized activity and contact me about this matter as well. Violations of the State's Dredge and Fill Act may be enforced by a criminal penalty or a civil action for damages or an injunction in accordance with N.C.G.S.113-229. The filling of the marsh substrate that has been undertaken in Coastal Wetlands is inconsistent with the North Carolina Administrative Code, Title 15A, Subchapter 07H, Section .0205(d) and Section 7H .0209(d)(4) State Guidelines for Areas of Environmental Concern. The filling of Estuarine Shoreline in this area is inconsistent with the Town of North Topsail Beach Floodplain Ordinance. Therefore, I am requesting that the impacted coastal wetland and Estuarine shoreline areas be restored to pre -development conditions and the altered substrate be restored to same elevation as the immediately adjacent natural grade. The enclosed Restoration Plan describes the action necessary to bring this project into compliance with the Act. 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. 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 (910) 796-7215. Upon completion of the restoration as requested in the Restoration Plan Agreement to the satisfaction of the Division of Coastal Management, you will be notified as to the amount of the civil assessment for undertaking development without first obtaining the proper permit(s) and/or development that is inconsistent with Coastal Resources Commission rules. Sincerely, Tara Croft Compliance and Enforcement Representative Cc: M. Ted Tyndall, Assistant Director, DCM Steven H. Everhart, PhD, District Manager, DCM Roy Brownlow, Compliance Coordinator, DCM Jon Giles, Coastal Management Representative, DCM Deborah Hill, LPO ENCLOSURE 127 Cardinal Drive Ext., Wilmington, North Carolina 28405-3845 Phone: (910) 796-7215\ FAX: 910-395-3964 \ Internet: www.nccoastalmanagement.net Mr. and Mrs. Wallace October 6, 2008 Page 3 of 4 RESTORATION PLAN For Mr. Douglas and Mrs. Vicki Wallace Property CAMA Violation No. 08-55D Property located at 5109 21st Avenue, Onslow County OCT 8 2008 Morahead City DCM 1. Restore 1112 square feet of impacted Coastal Wetland and the altered marshland substrate area to its pre - development condition and restore to the same elevation as the immediately adjacent natural grade in a manner that will not cause additional substrate alteration (i.e. using hand tools such as rakes and shovels). 2. Restore 262 square feet of impacted Estuarine Shoreline area to its pre -development condition and restore to the same elevation as the immediately adjacent natural grade. � M. Restore to pre -development conditions. Restore the altered substrate to same elevation as the immediately adjacent natural grade. Fill to be removed = .............ti Coastal Wetlands Area = •...... Wassong Estuarine Shoreline Area = ........ . Fill material to be removed is an average of 21.4 ft. in width and 52 ft. in length. The depth is approximately 14 inches in this area. Fill material to be removed is 16.4 ft. in width and 16 ft. in length. 127 Cardinal Drive Ext., Wilmington, North Carolina 28405-3845 Phone: (910) 796-72151 FAX: 910-395-39641 Internet: www.nccoastalmanagement.net Mr. and Mrs. Wallace October 6, 2008 Page 4 of 4 We, Mr. Douglas and Mrs. Vicki Wallace, agree to restore the adversely impacted areas to the pre -development elevation and contour as described herein. We agree to complete this restoration to the satisfaction of the Division of Coastal Management by November 6, 2008, or provide an explanation for non-compliance and a reasonable request for time extension. SIGNATURE: DATE: It is the policy of the Coastal Resources Commission to levy a civil assessment against all violations. 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: (910) 796-72151 FAX: 910-395-39641 Internet: www.nccoastalmanagement.net DCM Field LPO LPj ENFORCEMENT TRACKING REPORT (� s r �" Violation Base No. - �1 _ A B C D .n Violated Permit No OCT Violation Description Initial Discovery Date' Violation Descriotion itta Respondent Inforrytion `1 P f� ���Ij`��ant or Violatti s in same AEC: Yes I No Cam— tuber r ' -0} V Respondent Name(s) � �s rf k down lAgentlContractor) Address I L Phone # Email Fax # 0 olation Type: Project Type: Authorizations Required: . Site Visits Respondent Site Visits Respondent No Permit PrivatelCommunity Major VC Ov Pres nt Present Permit Condition _ Govt.lPublic -- Minor ,D&F77 b Expired Permit — Commercial _ General •-— InconsistentwlRules - Violation Location and Site Description Project Location: County Street Address/ State Road/ Lot #(s) LA1 .. . �•initl►�lt� Rover File -J Shoreline Length F51) SAV: - Not Sure Yes a Sandbags: Not Sure Yes No PNA: - No Adjacent ORW: es No Adjacent Crit. Hab. Yes No Photos y No Waiver Required Yes In DWQ Buffer Area Yes N Specify DWQ Buffer if applicable: Restoration `t U Extension Granted Yes No NOV Date ' "`` "" Initial Req. Comp. Datel' - "f> Restoration Letter CNOV Date Date Comp. Observed Acceptance Date Penalty Assessment 73.0409 Ref. Recomm. Assess. ; DCM Assess. I Sent to Respondent Date App./Permit Fee g $ Rcvd. by Dist. Mgr. Date Penalty $ ; Assessment Extended Yes No Willful/Intent. $ $ Continuing $ $ i Other $ $ I Total Formal Assessments, Appeals and Reductions Date Long Form Submitted Date Formal CPA Submitted - Assessment Appealed Yes No Final Assessment $_ ari17Penalty modified Attorney General's Office for Injunction o11 r Formal Collection Date sent to AG ��.. Respondant not responsive to penalty/NOV Date Co11 ll11 ection Let. Sent I_ Injunction tocomplete restoration � Date Demand Let. Sent - Violation Activities and Impacts . AECs A C EW PTA Eg Wetlands Impacted? Ye / No OEA HHF IH PTS If yes, which types: PWS:_� FC: SS DS Cl ISY F 1R LS Other: _ SS SC SP IF F 404 TY Restoration Required by the Respondent Ye's / No j. Dimensions in excess � i eveloof permitf unauthorized acti 'ties! . Dimensions to restore Final dimensions Dpment Activities allowed Actually restored 1 71 l UVY IA IA Habitat Payment Received Date Case Closed r NCDENR North Carolina Department of Environment and Natural Resources Division of Coastal Management Beverly Eaves Perdue Governor Mr. Douglas and Mrs. Vicki Wallace 600 Richlands Hwy Jacksonville, NC 28540 James H. Gregson Dee Freeman Director Secretary April 13, 2009 11!! ay J D 7 2009 RE: RESTORATION DEADLINE CAMA VIOLATION CASE NO.08.55D Dear Mr. Wallace: Morehead City DCM This letter references the U.S. Army Corps of Engineers designated restoration deadline of April 6, 2009 for restoring the unauthorized filling of Section 404 Federal wetlands that occurred during the Coastal Wetland restoration that you are legally responsible for within Coastal Wetland and Estuarine Shoreline areas adjacent to Stump Sound at your property located at 5109 21st Avenue in Onslow, North Carolina. Notice of Violation case nuirber 08-55D was issued to you on October 6, 2008 for unauthorized work and requested restoration. Based on my April 6, 2009 site visit, the inner silt fencing in the Coastal Wetlands at your property located at 5109 21st Avenue in North Topsail Beach and the unauthorized fill placed in Section 404 wetlands off Island Drive that occurred during Coastal Wetland restoration have not been restored. Upon completion of the restoration as requested in the Restoration Plan Agreement to the satisfaction of the Division of Coastal Management, you will be notified as to the amount of the civil assessment for undertaking development without first obtaining the prover permit(s) and/or development that is inconsistent with Coastal Resources Commission rules. Thank you for your cooperation in resolving this important matter. If you have any questions about this or related matters, : ase call me at (910) 796-7215. Sincerely, Tara Croft Compliance and E:1!orce.ment Representative Cc: M. Teu . ; !,nail, Assistant Director, DCM Steven ' ; rf a,i, PhD, District Manager, DCM Roy Bre.n:�o.w, Cumril,ince Coordinator, DCM Jon Gib !; t J=,ent Representative, DCM Brad Shr, t:r, IJCi (',E Ryan MacAllister, LPO 127 Cardinal Drive Ext., Wilmington, North Carolina 28405-3845 Phone: (910) 796-72151 FAX: 910-395-39641Internet: www.neeoastalmanagement.net NOne Carolina An Equal Opportunity 1 Af irmalive Adion Employer— 50% Recyded 110% Post Consumer Paper turally North Carolina Beverly Eaves Perdue Governor Mr. Douglas and Mrs. Vicki Wallace 600 Richlands Hwy Jacksonville, NC 28540 NCDENR Department of Environment and Natural Resources Division of Coastal Management James H. Gregson Dee Freeman Director Secretary August 4,2009 � D AUG 1 U 2009 RE: RESTORATION ACCEPTANCE — CAMA VIOLATION #08.55D Dear Mr. Wallace: Morehead City DCM This letter is in reference to the Notice of Violation # 08-550 sent to you dated October 6, 2008 for the unauthorized filling of Coastal Wetlands adjacent to Stump Sound within the Coastal Wetland and Estuarine Shoreline areas that are contiguous with Stump Sound. The violation took place on your property located at 5109 215r Avenue located in or near North Topsail Beach in Onslow County, North Carolina. This unauthorized activity constituted development and you were requested to restore the impacted Coastal Wetland and Estuarine Shoreline areas to pre -development conditions and restored the altered substrate to the same elevation as the immediately adjacent natural grade. In accordance with the North Carolina Administrative Code, Title 15A, Subchapter 7J.0410, any violation involving development which is inconsistent with guidelines for development within Areas of Environmental Concern (AEC) must be corrected by restoring the project site to pre -development conditions to recover lost resources or to prevent further resource damage. I conducted a site visit at the aforementioned property on July 21, 2009 to inspect the restoration of the unauthorized activity addressed in the Notice of Violation 08-55D. Based on this inspection, and the receipt of the US Army Corps of Engineers restoration acceptance letter dated July 14, 2009, it appears the restoration is accomplished to the satisfaction of this Division. Upon my submission of an enforcement report, you will be notified as to the amount of the civil penalty for undertaking this unauthorized activity within an Area of Environmental concern. Thank you for your attention and cooperation in this matter. If you have any questions pertaining to this matter, please feel free to call me at (910) 796-7215. Sincerely, Tara Croft Compliance and Enforcement Representative Cc: M. Ted Tyndall, Assistant Director, DCM Steven H. Everhart, PhD, District Manager, DCM Roy Brownlow, Compliance Coordinator, DCM Ryan McAllister, LPO 127 Cardinal Drive Ext., Wilmington, North Carolina 28405-3845 Phone: (910) 796-7215\ FAX: 910-395-3964 \ Internet: www.nocoastalmanagement,nel An Equal Opportunity \ Affirmative Action Employer— 50% Recycled \ 10% Post Consumer Paper None Carolina aturallY � 1• M OCM ENFORCEMENT TRACKING REPORT Field R \ r Violation Base No. I— JY J IPO \� A B C 0 LPJ Violated Permit No. (if applicable) Violation Descr p ion Was activ'ty pe rmittable? `es / o Initial Discovery DateDiscover, hod s ,' Violation Description rz Respondent Infor atl0n p Prior ViolatI s in same AEC: Yes I No `:Ca umber ;D.lt Respondent Names) /1 andown r A ent/Contractor) Address City \�i�� State Zip_ Phone # Fax # Email Violation Type: Project Type: Authorizations R���eegq......u���iirreId: . Site Visits Respondent Site Visits Respondent No Permit Private/Community Major AMA I. 0U Pres nt 0510,.,P'e, nt Permit Condition Govt.IPublic Minor c ;_ Upired Permit " Commercial GeneralElInconsistent wl Rules Violation Location and Site Description Project Location: County_ Street Address/ State Road/ Lot #(s) X* SE Subdivision City. ZIP Phone # (_) Riv Basin Adj. Wtr. Body n an / nkn Closest Maj. Wtr. Body Rover File _ � Shoreline Length _�-)O SAV: Not Sure Yes No Sandbags: Not Sure Yes No PNA: Yes No Adjacent ORW: es No Adjacent . , Crit. Hab. Yes No Photos (5) No Waiver Required Yes o' In DWQ Buffer Area Yes N Specify DWQ Buffer if applicable: Restoration -- l Extension Granted No NOV Date ' `r" Initial Req. Comp. Dater- v V es CNOV Date Date Comp. Observed .) •' C Restoration Letter q /( !! 4 OQ Acceptance Date Penalty Assessment 7J.0409 Ref. Recomm. Assess. DCM Assess. Sent to Respondent Date App./Permit Fee $ $ Rcvd. by Dist. Mgr. Date Penalty $ g Assessment Extended Yes No Willful/Intent. $ $ - i Continuing s i $ i Other .$ i$ Total Formal Assessments, Appeals and Reductions Date Long Form Submitted Date Formal CPA Submitted Assessment Appealed yes . No Final Assessment g_ _ Penalty modified Attorney General's Office for Injunction or Formal Collection Date sent to AG Respondant not responsive to penalt Date Collection Let. Sent y/NOV j_� Injunction to complete restoration �� Date Demand Let. Sent Violation Activities and Impacts AECs A`: C EW PTA Eg P.TWetlands Impacted? Ye / No OEA HHF IH S If yes, which types: . PWS:� DS FC: -_ C SP IF IR . LS Other: F 404 Restoration Required by the Respondent Yes / No Dimensions in excess ' o(permit/unauthorizedacti'ties< ..Dimensionstorestore Final dimensions ' \r Oevelo'men[ Activities j 111 A'1 allowed Actually restored Closing Payment Received Date Case Closed NCDENR North Carolina Department of Environment and Natural Resources Division of Coastal Management Michael F. Easley, Governor James H. Gregson, Director William G. Ross Jr., Secretary December 2, 2008 Mr. Douglas and Mrs. Vicki Wallace 600 Richlands Hwy Jacksonville, NC 28540 RE: RESTORATION DEADLINE EXTENSION CAMA VIOLATION CASE NO.08-55D Dear Mr. Wallace: RJ glwrz dl D DEC 4 20a8 Morehead City DCM This letter confirms the receipt of your November 26 2008 request referencing the November 6, 2008 time limit for restoring the unauthorized filling in Coastal Wetlands that you are legally responsible for within Coastal Wetland and Estuarine Shoreline areas adjacent to Stump Sound at your property located at 5109 21st Avenue in Onslow, North Carolina. Notice of Violation case number 08-55D was issued to you on October 6, 2008 for the unauthorized work and requested restoration. Based on our November 26, 2008 and December 2, 2008 conversations and the installation of sediment fencing around the impacted area, your request to extend the restoration time limit is approved in order to allow you additional time to comply with the requested restoration. The restoration time limit is extended to December 26, 2008. Please note that this extension is for a thirty (30) day period. The requested restoration must be performed to the satisfaction of the Division of Coastal Management by the date indicated. Thank you for your cooperation in resolving this important matter. If you have any questions about this or related matters, please call me at (910) 796-7215. Sincerely, Tara Croft Compliance and Enforcement Representative Cc: M. Ted Tyndall, Assistant Director, DCM Steven H. Everhart, PhD, District Manager, DCM Roy Brownlow, Compliance Coordinator, DCM Jon Giles, Coastal Management Representative, DCM Deborah Hill, LPO 127 Cardinal Drive Ext., Wilmington, North Carolina 28405-3845 Phone: (910) 796-72151 FAX: 910-395-39641 Internet: www.nccoastalmanagement.net An Equal Opportunity 1 Affirmative Action Employer— 50% Recycled 110% Post Consumer Paper Y' DCM ENFOR Field p. LIDO LP) Violation Descr� Ion Initial Discovery Date tpq Disc Violation Description A i LNfL«CJ6 Respondentlnforr Respondent Name(s) Address Phone #M Email Violation Type: No Permit Permit Condition Expired Permit inconsistent wl Rules Ptoject Type: Private/Community Govt.IPubIic Commercial EMENT TRACKING REPORT Violation Base No. _ A B C D Violated Permit No. (i(applica0le) Yves activ-ty permittabie? es 1 o Wi cid In' I (�J AEC: Yes No 'Casa_Nuri,hor _ Fax # Authorizations R���eegq......u///iirr```'''ed: . Site Visits Respondent Major C AMA �. I' Ofp Pre, nt i_ Minor p&F y D General Violation Location and Site Description Project Location: County_ Street Address/ State Road/ Lot #(s)� Subdivision, . City. ZIP Phone # () Riv Basin Adj. Wtr. Body na I n / 'nkn Closest,Maj. Wtr. Body. Restoration1 j1 NOV Date CNOV Date Penalty Assessment Sent to Respondent Date Rcvd. by Dist. Mgr. Date Assessment Extended . Yes to j Zip Site Visits Respondent Present Rover File - N V I ?J ; A-1 V t/—t Shoreline Length—�_ SAV, Not Sure Yes No ' Sandbags: Not Sure Yes No PNA: Yes 10 No Adjacent ORW: No Adjacent Crit Hab. Yes No Photos No Waiver Required Yes o In DWQ Buffer Area Yes N Specify DWQ Buffer if applicable: j1_ ('ryn ��ZZI�•u Initial Req. Comp. Datel ` ' V V Extension Granted es No Date Comp. Observed Restoration Letter Acceptance Date _ 7J.0409 Ref. Recomm. Assess. DCM Assess. App./Permit Fee S $ Penalty S No Willful/Intent. $ S Continuing S E Other S 5 Total C Formal Assessments, Appeals and Reductions Date Long Form Submitted _ Date Formal CPA Submitted Assessment Appealed Yes - No Final Assessment $_ — ari_ —I Penalty modified Attorney Generals Office for Injunction or Formal Collection Date sent to AG — _' Respondant not responsive to penal ylNOV I Injunction to complete restoration Date Collection Let. Sent Date Demand Let. Sent_ Violation Activities and Impacts AECs Af EW PTA ES . PTS Wetlands Impacted? Ye / No If OEA HHF IH / �7 yes, which types; PWS:�� FC: Ci). DS Cj SY 1R LS Ocher: SS SC SP IF F 404 TY Restoration Required by the Respondent Yes / No Dimensions in excess :of permit/ unauthorizedgcti#es' .Oimensionstorestore Final dimensions Development ActivitiesDevelopment Activltles�(n�A� allowed Actually restored ( s � Habitat R Closing Payment Received Date Case Closed d�A D-A- NCDENR North Carolina Department of Environment and Natural Resources Division of Coastal Management Beverly Eaves Purdue, Governor James H. Gregson, Director Dee Freeman, Secretary D-1I'E T� � �jl/� r✓ CERTIFIED MAIL Serial No. RETURN RECEIPT REQUESTED �i•"' Taw Mr. Douglas Wallace 4 600 Richlands Hwy Jacksonville, NC 28540 Re: Civil Penalty Assessment for Violations of the Coastal Area Management Act, CM 08-55D, Onslow County Dear Mr. Wallace: Pursuant to G.S. § 113A-126(d), this letter is notice of a Civil Penalty Assessment against you by the Director, Division of Coastal Management. The Civil Penalty Assessment document is attached. Within twenty (20) days from the date of receipt of this letter, you must do one of the following: (1) Pay the Civil Penalty Assessment; or (2) Submit a written request for settlement, which includes a detailed justification for the request; or (3) File a written petition for a contested case hearing in the Office of Administrative Hearings (OAH) appealing the penalty assessment. Additional information about these options is provided below: PAYMENT ^,0 (Q Payment of the penalty will close the matter immediately and require no further action or ! expense on your part. If you choose this option, you should pay the penalty by a check or money order made payable to the Department of Environment and Natural Resources (or DENR). This check should be sept to Roy Brownlow, Compliance and Enforcement Coordinator, N.C. Division of Coastal Managementmerce, Morehead City, North Carolina 28557. Mr. Brownlow represents the Division in the resolution of this Civil Penalty Assessment. 400 Commerce Avenue, Morehead City, North Carolina 28557 Phone: 919-733-2293 \ FAX: 919-733-1495 \ Internet: www.nccoastalmanagement.net An Equal Opportunity \ Affirmative Action Employer— 50% Recycled \ 10% Post Consumer Paper Mr. Douglas Wallace [DATE] Page 2 of 3 SETTLEMENT You may request settlement of the penalty due to unusual factual or legal considerations that were not taken into account in assessing it. A settlement request is an admission that you committed the violation. It forecloses the option of a contested case hearing. A settlement request must be accompanied by a waiver of your right to a contested case hearing and a stipulation that there are no factual or legal issues in dispute. You must sign and return the attached waiver and stipulation form to this office. You must also attach a detailed justification showing why one or more of the civil penalty assessment factors in G.S. § 113A-126(d) and Rule 15A NCAC 7J .0409 were wrongly applied to your detriment. Unfamiliarity with the law is not a ground for settlement. Neither is voluntary restoration. In order to present your request properly, you may be required to present your request before the Coastal Resources Commission. An adverse determination may not be appealed to the courts. If you choose this option, send your reply to the Division of Coastal Management, 400 Commerce Avenue, Morehead City, North Carolina 28557. APPEAL You may request a contested case hearing to challenge the Director's factual findings and legal conclusions regarding the assessment. If you file a contested case petition, it must.be in writing and in the form prescribed by G.S. § 15013-23. File the original petition and one copy with the. Office of Administrative Hearings (OAH), 6714 Mail Service Center, Raleigh, North Carolina 27699-6714. Any questions about filing a petition may be directed to the Clerk of OAH by telephoning (919) 733-0926. You must serve DENR by mailing a copy of the petition to: Ms. Mary Penny Thompson General Counsel DENR' 1601 Mail Service Center Raleigh, North Carolina 27699-1601 You must also serve the Division of Coastal Management by mailing a copy of the petition to: James H. Gregson, Director Division of Coastal Management 400 Commerce Avenue Morehead City, NC 28557 400 Commerce Avenue, Morehead City, North Carolina 28557 Phone: 252-806-28081 FAX: 252-247-33301 Internet: www,nccoastalmanagement.net An Equal Opportunity 1 Affirmative Action Employer-50% Recycled k 10% Post Consumer Paper Mr. Douglas Wallace [DATE] Page 3 of 3 Your attention to this important matter is appreciated. . Sincerely, James H. Gregson Director, DCM Attachments: Assessment Document Waiver of Right to Hearing and Request for Settlement' Cc: M. Ted Tyndall, Assistant Director, DCM Steve Everhart, District Manager, DCM Roy Brownlow, Compliance Coordinator, DCM Tara Croft, Coastal Management Representative, DCM 400 Commerce Avenue, Morehead City, North Carolina 28557 Phone: 252-808-28081 FAX: 252-247-33301 Internet: www.nccoastalmanagement.net An Equal Opportunity 1 Affirmative Action Employer— 50% Recycled 110% Past Consumer Paper !1111 STATE OF NORTH CAROLINA NORTH CAROLINA COASTAL RESOURCES COMMISSION COUNTY OF ONSLOW ) CM 08-55D IN THE MATTER OF: ) DOUGLAS WALLACE ) REQUEST FOR SETTLEMENT OF CIVIL PENALTIES; WAIVER OF FOR VIOLATIONS OF THE COASTAL AREA ) RIGHT TO ADMINISTRATIVE MANAGEMENT ACT, N.C. GENERAL ) HEARING; AND STIPULATION OF STATUTE § 113A-100 et seq. ) FACTS Having been assessed a civil penalty in the amount of EIGHT HUNDRED SEVENTY-ONE DOLLARS ($871) for violation of the Coastal Area Management Act, which violation is set forth in the Director's Civil Penalty Assessment date M/DD/YYYY, I hereby request settlement of the civil penalty. In order that this request for settlement may be considered, I hereby waive my right to an administrative hearing. I stipulate that the facts are alleged in the assessment document and that there are no factual or legal issues in dispute, other than the reasonableness of the amount of the assessment. I further understand that a request for settlement is an acknowledgement of civil liability as set forth in the Director's Civil Penalty Assessment and that there is no appeal to the Superior Court of the decision on a request for settlement. This the day of NAME (Signature) ADDRESS TELEPHONE 2010. Attach a written statement justifying your settlement request. Ijyou are represented by an attorney, provide his or her name, address, and telephone number: cm DRIC rs'o d-�Cj STATE OF NORTH CAROLINA ) NORTH CAROLINA COASTAL RESOURCES COMMISSION COUNTY OF ONSLOW ) CM 08-55D IN THE MATTER OF: ) CIVIL PENALTY ASSESSMENT MR. DOUGLAS WALLACE ) FOR VIOLATIONS OF THE COASTAL AREA ) MANAGEMENT ACT, N.C. GENERAL ) STATUTE § 113A-100 et seq. ) Pursuant to the Coastal Area Management Act (CAMA), North Carolina General Statutes (N.C.G.S.) § I I3A-126(d), and the authority vested in me by the Coastal Resources Commission (CRC) pursuant to Rule I SA North Carolina Administrative Code (NCAC) 7J .0409(f)(1), I, James H. Gregson, Director, Division of Coastal Management (DCM), North Carolina Department of Environment and Natural Resources (DENR), find that Douglas Wallace is a person subject to the permit requirements in the CAMA, responsible for the following violations, and liable for the following civil penalty assessment: I. VIOLATIONS COMMITTED A. Douglas Wallace is a citizen and resident Onslow County, North Carolina and is without any legal disability. B. The subject property is owned by Douglas Wallace and wife, Vicki Wallace and is located on Stump Sound, at 5109 21 s` Avenue, North Topsail Beach in Onslow County, North Carolina. C. Division of Coastal Management (DCM) representatives learned from a phone complaint from the North Topsail Beach Local CAMA Permit Officer, that Mr. Wallace had placed earthen fill material along the property shoreline and adjacent coastal marsh. D. After inspecting the site on September 24, 2008, DCM determined that Mr. Wallace had placed 1,000 square feet of earthen fill material in Coastal' Wetlands and 262 square feet of earthen fill material within the Coastal Shoreline without first obtaining a major development permit as required under N.C.G.S. § 113A-118 of the Coastal Area Management Act (CAMA). E. "Development" as defined in N.C.G.S. § 113A-103(5)(a) of the CAMA includes "filling." F. The development on Mr. Wallace's property is "major development" as defined in N.C.G.S. § 113A-118(d) because'the filling would have also required a Section 404 permit from the U.S. Army Corps of Engineers, a 401 Water Quality Certification from the Division of Water Quality, and a'Dredge and Fill Permit from DCM. G. The Coastal Wetlands affected by the development are populated'with Smooth Cordgrass (Spartina alterniflora), Cattail (Typha sp.), and Black Needlerush (Juncus roemerianus). The area is subject to regular or occasional flooding by tides in accordance with 15A NCAC 7H .0205(a). H. The Coastal Wetlands and Coastal Shoreline affected by the development are Areas of Environmental Concern (AEC) as designated by the Coastal Resources Commission (CRC) in Rules 15A NCAC"7H .0205 and 15A NCAC 7H .0209 respectively. I. Mr. Wallace violated N.C.G.S. § 113A-118 by undertaking major development (filling) in duly designated Areas of Environmental Concern (Coastal Wetlands and Estuarine Shoreline) without first obtaining a CAMA major development permit. J. On Ociober 6, 2008, DCM sent the Wallace's a Notice of Violation (NOV) and Restoration Plan by certified mail, return receiptrequested. The NOV warned them that the unauthorized filling activities conducted on the property were in violation of the CAMA and that restoration of all affected coastal wetlands would be required. The NOV also informed them of the Coastal Resources Commission's policy to assess a civil penalty for all violations. K. The violations cited above constitute "development..' as defined in the CAMA in N.C.G.S. § 113A-103(5). L. The activities undertaken would have required a CAMA Permit in' order to be authorized. M. The development could not have been permitted under the CAMA and the rules of the Coastal Resources Commission because it is inconsistent with the Use Standards for Coastal Wetlands which prohibit filling coastal wetlands -for a non -water dependent use. 15A NCAC 7H .0205(d). N. On July 21, 2009, a DCM representative inspected the property and determined that Mr. Smith had satisfactorily completed the restoration required in the October 6, 2008 Restoration Plan. A Restoration Acceptance letter was sent to the Wallace's on August 4, 2009. II. CIVIL PENALTY ASSESSMENT A. I hereby assess a civil penalty against Mr. Douglas Wallace in the amount of EIGHT HUNDRED SEVENTY-ONE Dollars ($871.00) for undertaking major development without a CAMA Development Permit in violation of G.S. § 113A-118. In determining the amount of this penalty, I have considered the factors as required under the CAMA in N.C.G.S. § 113A-126(d)(4) and the factors set forth in the Coastal Resource Commission's rules in 15A NCAC 7J .0409(g). 4 B. I have determined that a penalty of seven fifty hundred dollars ($750) plus the investigative costs of one hundred twenty-one dollars ($121) for a total assessment of eight hundred seventy-one dollars ($871) is appropriate under Rule 15A NCAC 7J .0409(g)(4)(B) of the Coastal Resource Commission because of the degree of and extent of harm caused by the violations, the effect on coastal resources, the damage to public resources, and the costs incurred by the Division for investigation, inspection, and monitoring associated with this violation., C. The amount of the penalty is in accordance with 15A NCAC 7J .0409(g)(4)(B) and Schedule A which addresses violations of major development that could not have been permitted under the Commission's rules at the time the notice of violation is issued. The rule provides that a penalty equal to the amount of the relevant CAMA permit application fee, plus a penalty pursuant to. Schedule A of the rule, plus investigative costs. Due to the 1,000 square feet of coastal wetlands that are located within the Coastal Wetlands AEC being affected, Schedule A imposes $500; plus a $250 CAMA major permit application fee, plus $121 investigative costs. D. The penalties I have assessed against Mr. Wallace total $871 E. I hereby direct that this Civil Penalty Assessment be served on Mr. Wallace as provided in N.C.G.S. § 113A-126(d)(3). Date Formal CPA Document James H. Gregson, Director Division of Coastal Management