05-47D Coggeshall Therrell Properties LLC

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NCDENR
North Carolina Department of Environment and Natural Resources
Division of Coastal Management
Michael F. Easley, Governor Charles S. Jones, Director William G. Ross Jr., Secretary
December 13, 2005
CERTIFIED MAIL # 7004 2890 0002 3417 6582
RETURN RECEIPT REQUESTED
Mr. Tommy Therrell
Coggeshall Therrrell Properties, LLC'
1712 Ruben Road
Monroe, NC 28112
MOPE,
RE: CAMA VIOLATION #05-47D
Dear Mr. Therrell:
This letter is in reference to the Notice of Violation dated August 1.2005 that I, Jim Gregson, representative
for the Division of Coastal Management, issued to you for unauthorized development of construction of a
subdivision road and water and sewer lines within the Ocean Hazard Areas of Environmental Concern at
Ocean Isle West Blvd., West Ocean Palms Subdivision (Parcel No. 2571A00202), adjacent to the Atlantic
Ocean located in the Town of Ocean Isle Beach, Brunswick County, North Carolina. The violation involved
Ocean Hazard Areas which are Areas of Environmental Concern designated by the Coastal Resources
Commission. This unauthorized activity constituted development and you were requested to provide me
with the following:
1) Documentation from the North Carolina Division of Water Quality that a Stormwater
Management Permit has been obtained for the major development that has taken place at your
property located at Ocean Isle West Blvd., at West Ocean Palms Subdivision (Parcel No.
2571A00202), adjacent to the Atlantic Ocean, located in the Town of Ocean Isle Beach,
Brunswick County, North Carolina. The contact person with the Division of Water Quality is
Linda Lewis @ (910)-796-7404.
2) Documentation that the project will comply with 15A NCAC 7H.0306(c), i.e., no direct or
indirect public funds shall be utilized for the proposed project. This prohibition includes
expenditures for construction and perpetual maintenance of roads, water lines, sewer lines and
associated facilities. Costs incurred to maintain all roads and utilities shall be the responsibility
of the developers and/or the homeowner's association.
On August 2, 2005 your Affidavit was received in this office stating that no public monies wil be utilized for
the construction of any utilities associated with this project. On September 27, 2005, State Stormwater
Management Permit No. SW8 050805 was issued to you, therefore, the restoration requested is complete
to the satisfaction of the Division of Coastal Management.
127 Cardinal Drive Ext., Wilmington, North Carolina 28405-3845
Phone: [phone] \ FAX: [phone] \ Internet: www.nccoastalmanagement.net
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Tommy Therrell
December 13, 2005
Page 2 of 3
The Coastal Area Management Act provides that a civil assessment of up to $2,500 may be assessed for
any violation. It is the policy of the Coastal Resources Commission to assess a civil penalty for all
violations 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 Resource Commission, a proposed civil penalty in the amount of $500.00 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 armed copies of an "Agreement to Pay Civil Assessment;" (2)
attach a check or money order for $500.00 fnade 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 remission of the penalty.
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 [phone].
Sincerely,
Ji G gson, District onager
D ' ' n of Coastal Management
Enclosures
cc: Ted Tyndall, Assistant Director, DCM
Roy Brownlow, Compliance Coordinator, DCM
WiRO DCM

06 N
NCDENR
North Carolina Department of Environment and Natural Resources
Division of Coastal Management
Michael F. Easley, Governor Charles S. Jones, Director William G. Ross Jr., Secretary
NOTICE OF VIOLATION
August 1, 2005
CERTIFIED MAIL #70041160 0004 4619 7091
RETURN RECEIPT REQUESTED
Mr. Tommy Therrell
Coggeshall Therrell Properties, LLC
1712 Ruben Road
Monroe, North Carolina 28112
RE: NOTICE OF VIOLATION AND REQUEST TO CEASE UNAUTHORIZED DEVELOPMENT
CAMA VIOLATION #05.47D
Dear Mr. Therrell:
This letter confirms that on July 26, 2005, Justin Whiteside (Town of Ocean Isle Beach), Elizabeth Nelson
(East Coast Engineering, Company, P.A.) and I were onsite at your property located at Ocean Isle West
Blvd., at West Ocean Palms Subdivision (Parcel No. 2571A00202), adjacent to the Atlantic Ocean located
in the Town of Ocean Isle Beach, Brunswick County, North Carolina. The purpose of the visit was to
investigate unauthorized development of the construction of a subdivision road and water and sewer lines
associated with the West Ocean Palms Subdivision, within the Ocean Hazard Areas of Environmental
Concern.
On April 4, 2005, you were issued CAMA Minor Permit No. 05-47 by the Town of Ocean Isle Beach for the
installation of water lines, sewer lines, and roads to serve a proposed seven lot subdivision as indicated on
workplan drawings dated January 31, 2005 and received by the Town of Ocean Isle Beach on April 4,
2005. The proposed water line extension was approved by the North Carolina Division of Environmental
Health on March 30, 2005, under Division of Environmental Health serial number 05-00248. The proposed
wastewater collection system extension was permitted by the North Carolina Division of Water Quality on
April 8, 2005, under Permit No. WQ0024878.
Development within a designated Area of Environmental Concern (AEC) which requires permission,
licensing, approval, certification or authorization in any form from the Environmental Management
Commission, the Department of Environment and Natural Resources, the Department of Administration,
the North Carolina Mining Commission, the North Carolina Pesticides Board, the North Carolina
Sedimentation Control Board, or any federal agency or authority, would require a CAMA Major
Development Permit. Through its Local Implementation and Enforcement Plan and contract with the
Department of Environment and Natural Resources, the Town of Ocean Isle Beach is limited in authority to
consideration of applications proposing minor development. Per 15ANCAC 07H .0702, when the local
permit -letting agency exceeds the scope and extent of its authority, that action shall be null, void and of no
127 Cardinal Drive Ext., Wilmington, North Carolina 28405-3845
Phone: [phone] FAX: [phone] Internet: www.nccoastalmanagement.net
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Mr. Tommy Therrell
August 1, 2005
Page 2 of 3
effect. As such, CAMA Minor Permit No. 05-47, issued to your by the Town of Ocean Isle Beach is not a
valid permit.
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.
Information I have indicates that you have undertaken, or are legally responsible for the construction of an
asphalt road (Coggeshall Drive) measuring approximately 24 feet in width by approximately 235 feet in
length with two access drives, each measuring approximately 15 feet in width by approximately 110 feet in
length and for the construction of a 6 inch gravity sewer line extension and a 6 inch waterline extension to
serve a proposed'seven lot subdivision on the aforementioned property. This activity took place in the
Ocean Erodible Area, the High Hazard Flood Area and the Inlet Hazard Area that are contiguous with the
Atlantic Ocean. The Ocean Erodible Area, the High Hazard Flood Area and the Inlet Hazard Area are
designated as Areas of Environmental Concern (AEC). No valid permit was issued to you for work in this
area. Based on these findings, I am initiating an enforcement action by issuing this Notice of Violation for
violation of the Coastal Area Management Act.
I request that you immediately CEASE AND DESIST any further unauthorized development within
designated Areas of Environmental Concern. Based upon the North Carolina Administrative Code, Title
15A, Subchapter 07H. State Guidelines for Areas of Environmental Concern, if the activity you have
undertaken, construction of roads, water lines and sewer lines in the above listed Ocean Hazard AECs is
not consistent with Section .0300 and .0601, which require that no direct or indirect public funds shall be
utilized for the proposed project (this prohibition includes expenditures for construction and perpetual
maintenance of roads, water lines, sewer lines and associated facilities) and that the development must not
violate any rules, regulations or laws of the State of North Carolina or of local government in which the
development takes place, you will be required to restore all affected areas to their conditions prior to the
unauthorized development activity. A civil assessment of up to $2,500 may be assessed against any
violator. 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 $2,500. An injunction or criminal
penalty may also be sought to enforce any violation in accordance with N.C.G.S. 113A-126..
It is the policy of the Coastal Resources Commission to levy a minimum civil assessment of $500 not to
exceed $2,500 against all violations. This is done to recoup some of the costs of investigating violations
and/or to compensate the public for any damage to its natural resources. Whether a higher amount will be
assessed depends on several factors, including the nature and area of the resources that were affected
and the extent of the damage to them. If the requested restoration is not undertaken and completed
satisfactorily, a substantially higher civil assessment will be levied and a court injunction will be sought
ordering restoration.
In order to determine if the aforementioned development activity may have been permitted via the CAMA
Major Permit process and to determine if the activity is consistent with the North Carolina Administrative
Code, Title 15A, 7H. State Guidelines for Areas of Environmental Concern, I am requesting that you
127 Cardinal Drive Ext., Wilmington, North Carolina 28405-3845
Phone: [phone] FAX: [phone] Internet: www.nccoastalmanagement.net
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Mr. Tommy Therrell
August 1, 2005
Page 3 of 3
provide me with the following:
1)Documentation from the North Carolina Division of Water Quality that a Stormwater Management
Permit has been obtained for the major development that has taken place at your property located at
Ocean Isle West Blvd., at West Ocean Palms Subdivision (Parcel No. 2571A00202), adjacent to the Atlantic
Ocean, located in the Town of Ocean Isle Beach, Brunswick County, North Carolina. The contact person
with the Division of Water Quality is Linda Lewis @ (910)-796-7404.
2)Documentation that the project will comply with 15A NCAC 71-1.0306(c), i.e., no direct or indirect
public funds shall be utilized for the proposed project. This prohibition includes expenditures for
construction and perpetual maintenance of roads, water lines, sewer lines and associated facilities. Costs
incurred to maintain all roads and utilities shall be the responsibility of the developers and/or the
homeowner's association.
The relevant statutes and regulations are available from this office, and I am willing to assist you in
complying with the requirements of these laws. A site inspection will be made in the immediate future to
determine whether this REQUEST TO CEASE AND DESIST has been complied with. I request that you
contact me immediately.
Thank you for your time and cooperation in resolving this important matter. If you have any questions about
this or related matters, please call me at [phone]. Pending your submission of the requested
documentation, you will be notified as to the amount of a civil assessment for undertaking development
without first obtaining the proper permit(s).
Sincerely,
(Jim,j�regson
Disct Manager
Cc: Ted Tyndall, Assistant Director, DCM
Jim Gregson, District Manager, DCM
Roy Brownlow, Compliance Coordinator, DCM
Dean Hunkele (DWQ)
Linda Lewis (DWQ)
Heidi Cox (Pubic Water Supply)
Elizabeth Nelson (East Coast Engineering Company, P.A.)
Justin Whiteside (LPO)
127 Cardinal Drive Ext., Wilmington, North Carolina 28405-3845
Phone: [phone] FAX: [phone] Internet: www.nccoastalmanagement.net
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04-Jan-06 NC DIVISION OF COASTAL MANAGEMENT ENFORCEMENT RECORD
CASE NUMBER LAST NAME FIRST NAME BUSINESS NAME:
05-470 ITHERRELL ICOGGESHALL THERRELL PROPE
CASE IS CLOSED
Previous Violations in Same
❑ NOV DATE CLOSURE DATE Elapsed Days gFFLILIATION SECTOR AEC for Similar Activities
8/1/2005 1 6JPROPERTY OWNER COMMERCIAL
MAILING ADDRESS
CITY STATE
ZIP CODE PHONE NUMBER
1712 RUBEN ROAD
IMONROE NC
28112- �—
PROPERTY ADDRESS
COMMUNITY
WATERBODY NEAREST ROAD
WEST OCEAN PALMS S/D
JOCEAN ISLE BEACH
ATLANTIC OCEAN
DISTRICTOFFICE COUNTY DCM REPRESENTATIVE LPO CONTACT
WIRO 19RUNSVVICK IGREGSON 1J. WHITESIDE
VIOLATION TYPE A6FECTD'AEC(S). ❑ CW ❑ EW ❑ PTA ❑ ES ❑ PTS
MAJOR CAMA © OEA © HHFA © IHA ❑ PWS ❑ NCRA
NATURE OF VIOLATION AEC DESCRIPTION
Unauthorized major development by installing utlilities for a new subdivision within the OEA AEC adjacent to the
Atlantic Ocean.
RESTORATION STAT� RESTORATION REQUEST DATE COMPLETION DATE
❑ I
❑ RESTORATION NOT REQUIRED- CONTRACTOR RESTORATION EXTENDED RESTORE DATE
RESTORATION NOT REQUIRED - PERMITTABLE DEVELOPMENT ❑ DEADLINE
EXTENDED
❑ RESTORATION NOT REQUIRED - FURTHER IMPACTS ❑ REFERRED TO AG'S OFFICE - INJUNCTION
❑ RESTORATION PENDING INJUNCTION REFER DATE: r
❑ REFERRED TO AGS OFFICE - COLLECTION
COLLECTION REQUEST DATE: F—
PENAASSESSMENT DATE PENALTY AMOUNT COLLECTION DATE AMOUNT COLLECTED
LTY STATUS
1 Z/13/2005 $500
[] PENALTY ISSUED
❑ ❑ WILLFUL &INTENTIONAL PENALTY (MIN. OR DOUBLED)
PENALTY NOT ISSUED ❑ CNOV ISSUED r—CNOV DATE
❑ CONRACTOR'S FIRST OFFENSE ❑ PENALTY APPEALED APPEAL DATE
❑ FORMAL CPA ISSUED FFORMAL CPA DATE
❑ SETTLED. AGREED UPON. STIPULATED PENALTY r--SETTLEMENT DATE
❑ UNCOLLECTIBLE PENALTY F—UNCOLLECTIBLE DETERMINATION DATE
Violations Involving Adversely Impacted Resources
AMOUNT OF ADVERSELY DISTURBED AREA (SQ. FT.) �—
AMOUNT OF RESTORED AREA (SQ. FT) �'—
NOTES
ough a CAMA Minor Development permit was issued by the Town of Ocean Isle Beach, it is
development requires approval/authorization from DWQ for an approved stormwater permit.