HomeMy WebLinkAbout15-16D ToddNorth Carolina Department of Environmental Quality
Pat McCrory
Governor
October 5, 2015
Mr. William Todd
1140 Russtown Road
Ocean Isle Beach, NC 28469
Donald R. van der Vaart
Secretary
RE: Closure Letter
Payment of Proposed Penalty for Violations of the Coastal Area Management Act,
Committed in Brunswick County
CAMA Violation #15-16D
Dear Mr. Todd:
This letter will acknowledge receipt of your check #2868, in the amount of $200.00 for the Notice of
Violation dated September 17, 2015 issued by Connie Marlowe, CAMA Local Permit Officer for Brunswick
County, for unauthorized minor development at 1750 Salt Works Lane, in Shallotte, Brunswick County,
North Carolina. The violation involved the Estuarine Shoreline AEC, which is an Area of Environmental
Concern designated by the Coastal Resources Commission. Once the amount is credited to the account of
the Department of Environmental Quality, this matter will be fully and completely closed.
Thank you for your cooperation in resolving this violation. If you have any further questions concerning
this matter, please contact me at the Wilmington Regional Office, (910) 796-7215.
Sincerely,
Debra D. Wilson
District Manager
DDW/ph
cc: Tara MacPherson, District Compliance and Enforcement Representative
Roy Brownlow, Compliance Coordinator
Heather Coats, Asst. Major Permits Coordinator
RECE!'� �7 )
OCT 0 8 N.
f7 a ►�1��TFaaM
127 Cardinal Drive Ext., Wilmington, NC 28405
Phone: 910-796-72151 FAX: 910-395-3964 www.nccoastalmanaaement.net
An Equal Opportunity 1Affinnative Action Employer
Mr. William Todd
September 25, 2015
Page 3
CAMA VIOLATION #15.16D
Mr. William Todd
AGREEMENT TO PAY PROPOSED CIVIL ASSESSMENT
I understand that the staff of the Department of Environment and Natural Resources will propose the assessment
of a civil penalty in the amount of $200 against me for violation of the Coastal Area Management Act, NCGS
113A-100 et se , committed on or near my property located at 1750 Saltworks Lane SW in the Town of Shallotte,
Brunswick County, North Carolina. In order to resolve this matter with no further action or expense on my part,
I accept responsibility for the violation as described in the Notice of Violation letter dated September 15, 2015,
and agree to pay the proposed civil assessment of $200.
SIGNATURE
ADDRESS
TELEPHONE NUMBER
RECEIVE'
OCT 0 8 2015
Dcm- wo CITY
RECEIVED
DCM WILMINGTON, NC
OCT 0 2 2015
Qp�
LOCAL PERMIT OFFICER ENFORCEMENT REPORT FOR MINOR VIOLATIONS
L-1 L,\ O, CASE NO. (Obtain from DCM office): 15-16D PERMIT NO. (If Applicable):
LPO'S NAME: (nnnmp Marlowe LOCALITY: Brunswick County
COASTAL MANAGEMENT REPRESENTATIVE: Holley Snider
RESPONDENT'S NAME: William Mitchell Todd MAILING ADDRESS:1140 Russtown Road
CITY: Ocean Isle Beach STATE: NC ZIP: 98469 PHONE NO.:
COUNTY: Brunswick NEAREST/ADJACENT WATER BODY: Saucepan Creek
PREVIOUS VIOLATIONS (CHECK LOCAL FILES AND CALL DCM OFFICE): NO ❑ YES ❑
DATE OF ENFORCEMENT LETTER:
ADDRESS/LOCATION OF VIOLATIO
VIOLATION DESCRIPTION: Installati
VIOLATION TYPE: X MINOR CAMA
CONDITIONS/SPECIFICATIONS
Shallotte NC
❑ VIOLATION OF PERMIT
❑ STOP WORK ORDER (WORK IN PROGRESS)
RESTORATION REQUIRED: ❑YES g NO DATE REQUIRED FOR COMPLETION:
DATE RESTORATION COMPLETED - SITE INSPECTION DATE:
or PERMIT ISSUE DATE:
AEC TYPE: ®ESTUARINE SHORELINE PUBLIC TRUST SHORELINE
OCEAN ERODIBLE AREA HIGH HAZARD FLOOD AREA
❑ INLET HAZARD AREA UNVEGETATED BEACH AREA
FOR DCM OFFICE USE ONLY
RECOMMENDED ASSESSMENT AMOUNT: $ �IJL
DATE REPORT RECEIVED:
-41
DATE OF ASSESSMENT LETTER:' C�
AMOUNT RECEIVED:.'L
ASSESSED AMOUNT: $
DATE PAYMENT RECEIVE[
)U
CLOSURE DATE
WILLFUL AND INTENTIONAL PENALTY: ❑ (ATTACH DOCUMENTATION)
RECEIVED
OCT 0 8 � '5
vd?
LOCAL PERMIT OFFICER ENFORCEMENT REPORT FOR MINOR VIOLATIONS
CASE NO. (Obtain from DCM office): 15-16D PERMIT NO. (If Applicable):
';FP :i Ss ZUb
LPO'S NAME: Connie Marlowe LOCALITY: 8ninswick County ,
COASTAL MANAGEMENT REPRESENTATIVE: Holley Snider
RESPONDENT'S NAME: William Mitchell Todd MAILING ADDRESS: 1140 Russtown Road
CITY: Ocean IsleSeach STATE: NC ZIP: 28469 PHONE NO.:
COUNTY: Brunswick NEAREST/ADJACENT WATER BODY: Saucepan Creek
PREVIOUS VIOLATIONS (CHECK LOCAL FILES AND CALL DCM OFFICE): NO ❑ YES ❑
DATE OF ENFORCEMENT LETTER: 17-Sep-15
ADDRESS/LOCATION OF VIOLATION: 1750 Salt Works Lane
VIOLATION DESCRIPTION: Installation of a Chain link fence wi
VIOLATION TYPE: ] MINOR CAMA ❑ VIOLATION OF PERMIT
CONDITIONS/SPECIFICATIONS
�V l
❑ STOP WORK ORDER (WORK IN PROGRESS)
RESTORATION REQUIRED: ❑YES Z NO DATE REQUIRED FOR COMPLETION:
DATE RESTORATION COMPLETED - SITE INSPECTION DATE: -
or PERMIT ISSUE DATE:
AEC TYPE: ® ESTUARINE SHORELINE PUNVEGETATED
PUBLIC TRUST SHORELINE
OCEAN ERODIBLE AREA HIGH HAZARD FLOOD AREA
INLET HAZARD AREA BEACH AREA
FOR DCM OFFICE USE ONLY
RECOMMENDED ASSESSMENT AMOUNT:$ �l '
DATE REPORT RECEIVED:
DATE OF ASSESSMENT LETTER:
AMOUNT RECEIVED:
REFERENCE: 7J. 0409
ASSESSED AMOUNT: $
DATE PAYMENT RECEIVED:
CLOSURE DATE
WILLFUL AND INTENTIONAL PENALTY: ❑ (ATTACH DOCUMENTATION)
North Carolina Department of Environmental Quality
Pat McCrory Donald R. van der Vaart
Governor Secretary
September 25, 2015
CERTIFIED MAIL 7011 2000 0002 2767 9101
RETURN RECEIPT REQUESTED
RECEIVED
Mr. William Todd SEP 2 9 2015
1140 Russtown Road .w
Ocean Isle Beach, NC 28469
RE: CAMA VIOLATION #15-16D
Dear Mr. Todd:
This letter is in reference to the Notice of Violation dated September 17, 2015 that Connie Marlowe, Local
Permitting Officer for Brunswick County, issued to you for the unauthorized installation of a fence at 1750
Saltworks Lane SW, adjacent to Saucepan Creek, in the Town of Shallotte, Brunswick County, North Carolina.
The violation involved the Estuarine Shoreline AEC, which is an Area of Environmental Concern designated by
the Coastal Resources Commission.
The Coastal Area Management Act provides that a civil assessment of up to $1,000 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 $200 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 $200 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 28405-3845
Phone: 910-796-72151FAX: 910-395-39641Internet: www.nocoastaimanagement.net
An Equal Opportunity 1 Affirmative Action Employer— 50% Recycled 110% Post Consumer Paper
Mr. William Todd
September 25, 2015
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) 796-7215.
Sincerely,
Debra Wilson
District Manager
Enclosures
Tm/Dw
cc: Roy Brownlow, Compliance Coordinator, DCM
Connie Marlowe, LPO
WiRo Files
RECEIVED
SEP 2 9 1015
lYl"1N,IVUik� t^J�ka
Mr. William Todd
September 25, 2015 dECCIVEU
Page 3 '
SEP 29 2015
CAMA VIOLATION t#15.16D
Mr. William Todd
AGREEMENT TO PAY PROPOSED CIVIL ASSESSMENT
I understand that the staff of the Department of Environment and Natural Resources will propose the assessment
of a civil penalty in the amount of $200 against me for violation of the Coastal Area Management Act, NCGS
113A-100 et seq, committed on or near my property located at 1750 Saltworks Lane SW in the Town of Shallotte,
Brunswick County, North Carolina. In order to resolve this matter with no further action or expense on my part,
I accept responsibility for the violation as described in the Notice of Violation letter dated September 15, 2015,
and agree to pay the proposed civil assessment of $200.
DATE
SIGNATURE
ADDRESS
TELEPHONE NUMBER
W
Brunswick County Planning and
Community Development
P.O. Box 249 ECEivEo
75 Courthouse Drive N.E., Bldg I SEP 29 20b
Bolivia NC 28422 �",wit'C,T-
NOTICE OF VIOLATION
17-Sep-15
CERTIFIED MAIL 7010 0290 0002 4538 9363
RETURN RECEIPT REQUESTED
William Mitchell Todd
1140 Russtown Road
Ocean Isle Beach, NC 28469
RE: NOTICE OF VIOLATION AND REQUEST TO CEASE UNAUTHORIZED DEVELOPMENT
CAMA MINOR VIOLATION #15-16D
Dear Mr. Todd:
This letter confirms that on 11-Sep-15, I was onsite at your property located at 1750 Saltworks
Lane SW adjacent to Saucepan Creek located in or near the Town of Shallotte off Bricklanding
Road, Brunswick County, North Carolina. The purpose of the visit was to investigate
unauthorized development of a chain link fence within the Estuarine Shoreline Area of
Environmental Concern.
Information gathered by me shows that you have undertaken minor development in violation
of the Coastal Area Management Act. No person may undertake minor development in a
designated Area of Environmental Concern without first obtaining a permit from the North
Carolina Department of Environment and Natural Resources, North Carolina General Statutes
(N.C.G.S.) 113A-118.
I have information that you have undertaken, or are legally responsible for, minor development
by erecting a chain link fence on the aforementioned property. This activity took place in the
Estuarine Shoreline AEC that is contiguous with the Saucepan Creek. Estaurine Shoreline areas
are designated as Areas of Environmental Concern (AEC). No 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 development and contact me
about this important matter. A civil assessment of up to $1,000 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 $1,000. An
TELEPHONE (910) 253.2025 • (900) 021.0609 • FAX (910) 263.2437
RECEIVED
SEP 2 9 2015
�-., i, 4, -
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 civil assessment not to exceed
$1,000 plus investigative costs against all violations. This is done to recoup some of the costs of
investigating the violation and/or to compensate the public for any damage to its natural
resources. Whether a higher amount will be assessed will depend on several factors, including
the nature and area of the resources affected and the extent of the damage to them
Based upon the North Carolina Administrative Code, Title 15A, Subchapter 07H. State
Guidelines for Areas of Environmental Concern, the activity you have undertaken, installing a
chain link fence in the Estuarine Shoreline AEC(s), appears consistent with Section
7H.0209(d)(10)(C), which states "Within the Coastal Shoreline category (estuarine and public
trust shoreline AECs), new development shall be located a distance of 30 feet landward of the
normal water level or normal high water level, with the exception of the following: (C) Post or
pile- supported fences. Therefore, I am not requesting restoration at this time.
I request that you contact me immediately about this matter. The relevant statute 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. Upon
submission of my enforcement report to the Division of Coastal Management, you will be
notified by the Division as to the amount of a civil assessment for undertaking development
without first obtaining the proper permit(s).
Sincerely,
ec4m-4L 06vt�
Connie Marlowe
Local Permit Officer
Cc: Debra Wilson, District Manager, DCM
Holly Snider, District Compliance and Enforcement Representative, DCM
TELEPHONE (910) 253.2025 • (800) 621.0609 • FAX (910) 253.2437
Brunswick County Planning and
Community Development
P.O. Box 249
` 75 Courthouse Drive N.E., Bldg I
CAA
Bolivia NC 28422
NOTICE OF VIOLATION
17-Sep-15
CERTIFIED MAIL 7010 0290 0002 4538 9363
William Mitchell Todd
1140 Russtown Road
Ocean Isle Beach, NC 28469
RE: NOTICE OF VIOLATION AND REQUEST TO CEASE UNAUTHORIZED DEVELOPMENT
CAMA MINOR VIOLATION #15-16D
Dear Mr. Todd:
This letter confirms that on 11-Sep-15, I was onsite at your property located at 1750 Saltworks
Lane SW adjacent to Saucepan Creek located in or near the Town of Shallotte off Bricklanding
Road, Brunswick County, North Carolina. The purpose of the visit was to investigate
unauthorized development of a chain link fence within the Estuarine Shoreline Area of
Environmental Concern.
Information gathered by me shows that you have undertaken minor development in violation
of the Coastal Area Management Act. No person may undertake minor development in a
designated Area of Environmental Concern without first obtaining a permit from the North
Carolina Department of Environment and Natural Resources, North Carolina General Statutes
(N.C.G.S.) 113A-118.
I have information that you have undertaken, or are legally, responsible for, minor development
by erecting a chain link fence on the aforementioned property. This activity took place in the
Estuarine Shoreline AEC that is contiguous with the Saucepan Creek. Estaurine Shoreline areas
are designated as Areas of Environmental Concern (AEC). No permit was issued to you for work
in this area. Based on these findings,) 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 development and contact me
about this important matter. A civil assessment of up to $1,000 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 $1,000. An
TELEPHONE (910) 263.2025 • (800) 621.0609 • FAX (910) 263.2437
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 civil assessment not to exceed
$1,000 plus investigative costs against all violations. This is done to recoup some of the costs of
investigating the violation and/or to compensate the public for any damage to its natural
resources. Whether a higher amount will be assessed will depend on several factors, including
the nature and area of the resources affected and the extent of the damage to them
Based upon the North Carolina Administrative Code, Title 15A, Subchapter 07H. State
Guidelines for Areas of Environmental Concern, the activity you have undertaken, installing a
chain link fence in the Estuarine Shoreline AEC(s), appears consistent with Section
7H.0209(d)(10)(C), which states "Within the Coastal Shoreline category (estuarine and public
trust shoreline AECs), new development shall be located a distance of 30 feet landward of the
normal water level or normal high water level, with the exception of the following: (C) Post or
pile- supported fences. Therefore, I am not requesting restoration at this time.
I request that you contact me immediately about this matter. The relevant statute 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. Upon
submission of my enforcement report to the Division of Coastal Management, you will be
notified by the Division as to the amount of a civil assessment for undertaking development
without first obtaining the proper permit(s).
Sincerely, n
Connie Marlowe
Local Permit Officer
Cc: Debra Wilson, District Manager, DCM
Holly Snider, District Compliance and Enforcement Representative, DCM
TELEPHONE (910) 253,2026 • (800) 621.0809 • FAX (910) 263.2437
.r
LOCAL PERMIT OFFICER ENFORCEMENT REPORT FOR MINOR VIOLATIONS
CASE NO. (Obtain from DCM office): 15-16D PERMIT NO. (If Applicable):
LPO'S NAME: Connie Marlowe LOCALITY: Brunswick County
COASTAL MANAGEMENT REPRESENTATIVE: Holley Snider
RESPONDENT'S NAME: William Mitchell Todd MAILING ADDRESS:1140 Russfown Road
CITY: Ocean Isle Beach STATE: NPR ZIP: 28469 PHONE NO.:
COUNTY: Brunswick NEARESTIADJACENT WATER BODY: Saucepan Creek
PREVIOUS VIOLATIONS (CHECK LOCAL FILES AND CALL DCM OFFICE): NO ❑ YES ❑
DATE OF ENFORCEMENT LETTER: 17Sep-15
ADDRESS/LOCATION OF VIOLATION: 1750 Salt Works Lane
VIOLATION DESCRIPTION: Installation of a Chain link fence wi
VIOLATION TYPE: RMINORCAMA ❑ VIOLATION OF PERMIT
CONDITIONSISPECIFICATIONS
❑ STOP WORK ORDER (WORK IN PROGRESS)
RESTORATION REQUIRED: ❑YES ONO DATE REQUIRED FOR COMPLETION:
DATE RESTORATION COMPLETED - SITE INSPECTION DATE:
or PERMIT ISSUE DATE:
AEC TYPE: ESTUARINE SHORELINE PUBLIC TRUST SHORELINE
OCEAN ERODIBLE AREA HIGH HAZARD FLOOD AREA
INLET HAZARD AREA UNVEGETATED BEACH AREA
FOR DCM OFFICE USE ONLY
RECOMMENDED ASSESSMENT AMOUNT:$
DATE REPORT RECEIVED:
DATE OF ASSESSMENT LETTER:
AMOUNT RECEIVED:
REFERENCE: 7J. 0409
ASSESSED AMOUNT: $
DATE PAYMENT RECEIVED:
CLOSURE DATE
WILLFUL AND INTENTIONAL PENALTY: ❑ (ATTACH DOCUMENTATION)