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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)