The URL can be used to link to this page

Home My WebLink About05-29D Thomas Disaster Services21-Apr-05 NC DIVISION OF COASTAL MANAGEMENT ENFORCEMENT RECORD 'CASE STATUS CASE NUMBER LAST NAME FIRST NAME BUSINESS NAME: -I 05-29D ITHOMAS TIM THOMAS DISASTER SERVICES • CASE IS CLOSED AFFLILIATION NOV DATE CLOSURE DATE CONTRACTOR 4/12/2005 � MAILING ADDRESS CITY STATE POE 2254 SURF CITY NC PROPERTY ADDRESS COMMUNITY FORMER KINGS MHP SURF CITY SECTOR Previous Violations in Same AEC COMMERCIAL for Similar Activities DISTRICT OFFICE COUNTY DCM REPRESENTATIVE WIRO 1PENDER JDAIL VIOLATION TYPE MAJOR CAMA plus DREDGE AND FILL NATURE OF VIOLATION Unauthorized major development and violation of tht that involved filling a portion of coastal wetlands and adjacent to Banks Channel, Stump Sound. ZIP CODE PHONE NUMBER 28445 I WATERBODY NEAREST ROAD STUMP SOUND SHELL RD LPO CONTACT AEC DESCRIPTION 6STORATION STATUS I--- - - - - -- -- -- - -- - - - V' RESTORATION NOT REQUIRED - CONTRACTOR RESTORATION NOT REQUIRED - PERMITTABLE DEVELOPMENT RESTORATION NOT REQUIRED -FURTHER IMPACTS RESTORATION PENDING W CW VIEW I _I PTA DV ES ❑ PTS ❑ OEA ❑ HHFA ❑ IHA ❑ PWS ❑ NCRA ge & Fill Law by engaging in land disturbing activities excavation and filling within the CW and CS AECS RESTORATION REQUEST DATE COMPLETION DATE - RESTORATION EXTENDED RESTORE DATE - DEADLINE EXTENDED _ J REFERRED TO AG'S OFFICE - COLLECTION -.� L I REFERRED TO AG'S OFFICE - INJUNCTION T PENALSTATUS ASSESSMENT DATE PENALTY AMOUNT COLLECTION DATE AMOUNT COLLECTED Y _ - f 1- _ .- 'PENALTY ISSUED J PENALTY NOT ISSUED WILLFUL INTENTIONAL PENALTY (MIN. OR DOUBLED) ❑ CNOV ISSUED 'V CONRACTOR'S FIRST OFFENSE SETTLED, AGREED UPON, OR STIPULATED PENALTY I_ PENALTY APPEALED UNCOLLECTIBLE PENALTY ❑ FORMAL CPA ISSUED Violations Involving Adversely Impacted Resources AMOUNT OF ADVERSELY DISTURBED AREA (SQ. Fr.) Fi AMOUNT OF RESTORED AREA (SQ. FT) �- NOTES Thomas is contractor for Plantation, Inc.- Spetrino, David, case no. 05-28D A742, NCDENR North Carolina Department of Environment and Division of Coastal Manag Michael F. Easley, Governor Charles S. Jones, Direct( lG 1�f- r, Mptl irol 0-- ,) auw� VINd NOTICE OF VIOLATION �e1 April 12 2005 CERTIFIED MAIL 7002 2410 0003 17212138 RETURN RECEIPT REQUESTED Thomas Disaster Services Attn: Tim Thomas PO Box 2254 Surf City, NC 28445 r `It,v. {mac U,: �, l5 1a" N°� frap. RE: NOTICE OF VIOLATION AND REQUEST TO CEASE UNAUTHORIZED DEVELOPMENT CAMA VIOLATION #05-29D Dear Mr. Thomas: This letter confirms that on April 8, 2005, Jon Giles and Jason Dail were onsite at your property (formerly King's Mobile Home Park) located along NC Hwy 210, across from Shell Road, adjacent to Banks Channel and Stump Sound, in Surf City, Pender County, North Carolina. The purpose of the visit was to investigate a complaint concerning unauthorized development, more specifically, land disturbing activities within the coastal wetland and coastal shoreline Areas of Environmental Concern (AEC), adjacent to Banks Channel. Information gathered by me for the Division of Coastal Management indicates that your actions as a contractor for Plantation, Inc are in violation of the Coastal Area Management Act (CAMA) as well as the State's Dredge and Fill Law. 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 pursuant to the North Carolina General Statutes (N.C.G.S.) 113A-118. I have information that indicates you have undertaken or are legally responsible for land disturbing activities and coastal wetlands fill on the aforementioned property. This activity took place in coastal wetlands along the coastal shoreline AEC that is contiguous with Banks Channel and Stump Sound. Coastal wetland and coastal 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 and the State's Dredge and Fill Law. I request that you immediately CEASE AND DESIST any further development and contact me about this matter. 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 $2,500. An injunction or criminal penalty may also be sought to enforce any violation in accordance with N.C.G.S. 113A-126. 127 Cardinal Drive Ext., Wilmington, North Carolina 28405-3845 Phone: 910-395-3900 \ FAX: 910-350-2004 \ Internet: www.nccoastalmanagement.net An Equal Opportunity \ Affirmative Action Employer— 50% Recycled \ 10% Post Consumer Paper Mr. Tim Thomas 4/12/2005 NOV #05-29D Page 2 of 3 It is the policy of the Coastal Resources Commission to assess a minimum civil pen tty'�500.OlYaga'Ir`>'st 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 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 pursuant to N.C.G.S. 113-229. Since this is your first documented offense as a contractor in the Coastal Wetland and Estuarine Shoreline designated Area(s) of Environmental Concern, there will be no assessment levied against you in accordance with the North Carolina Administrative Code, Title 15A, Subchapter 7J.0409(f)(4)(F)(i). However, if you continue to violate the Coastal Area Management Act, you should consider yourself forewarned and expect a civil assessment to be levied against you consistent with the North Carolina Administrative Code, Title 15A, Subchapter 7J, Section .0409, as adopted by the Coastal Resources Commission. 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 about these important matters. Sincerely, ason Dail Express Permit Coordinator cc: Ted Tyndall, Assistant Director, DCM Jim Gregson, District Manager, DCM Roy Brownlow, Compliance Coordinator, DCM Jon Giles, DCM Steve Padgett, LPO Surf City 127 Cardinal Drive Ext., Wilmington, North Carolina 28405-3845 Phone: 910-395-39001 FAX: 910-350-20041 Internet: www.nccoastalmanagement.net An Equal Opportunity 1 Affirmative Action Employer— 50% Recycled 110% Post Consumer Paper ? �Aw 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 April 12, 2005 CERTIFIED MAIL 7002 2410 0003 17212138 RETURN RECEIPT REQUESTED Thomas Disaster Services Attn: Tim Thomas PO Box 2254 Surf City, NC 28445 RE: NOTICE OF VIOLATION AND REQUEST TO CEASE UNAUTHORIZED DEVELOPMENT CAMA VIOLATION #05-29D Dear Mr. Thomas: This letter confirms that on April 8, 2005, Jon Giles and Jason Dail were onsite at your property (formerly King's Mobile Home Park) located along NC Hwy 210, across from Shell Road, adjacent to Banks Channel and Stump Sound, in Surf City, Fender County, North Carolina. The purpose of the visit was to investigate a complaint concerning unauthorized development, more specifically, land disturbing activities within the coastal wetland and coastal shoreline Areas of Environmental Concern (AEC), adjacent to Banks Channel. Information gathered by me for the Division of Coastal Management indicates that your actions as a contractor for Plantation, Inc are in violation of the Coastal Area Management Act (CAMA) as well as the State's Dredge and Fill Law. 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 pursuant to the North Carolina General Statutes (N.C.G.S.) 113A-118. I have information that indicates you have undertaken or are legally responsible for land disturbing activities and coastal wetlands fill on the aforementioned property. This activity took place in coastal wetlands along the coastal shoreline AEC that is contiguous with Banks Channel and Stump Sound. Coastal wetland and coastal 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 and the State's Dredge and Fill Law. I request that you immediately CEASE AND DESIST any further development and contact me about this matter. 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 $2,500. An injunction or criminal penalty may also be sought to enforce any violation in accordance with N.C.G.S. 113A-126. 127 Cardinal Drive Ext., Wilmington, North Carolina 28405-3845 Phone: 910-395-39001 FAX: 910-350-20041 Internet: www.nccoastalmanagement.net An Equal Opportunity 1 Affirmative Action Employer— 50% Recycled % 10% Post Consumer Paper + ' Mr. Tim Thomas 4/12/2005 NOV #05-29D Page 2 of 3 It is the policy of the Coastal Resources Commission to assess a minimum civil penalty $500:00 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 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 pursuant to N.C.G.S. 113-229. Since this is your first documented offense as a contractor in the Coastal Wetland and Estuarine Shoreline designated Area(s) of Environmental Concern, there will be no assessment levied against you in accordance with the North Carolina Administrative Code, Title 15A, Subchapter 7J.0409(f)(4)(F)(i). However, if you continue to violate the Coastal Area Management Act, you should consider yourself forewarned and expect a civil assessment to be levied against you consistent with the North Carolina Administrative Code, Title 15A, Subchapter 7J, Section .0409, as adopted by the Coastal Resources Commission. 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 about these important matters. Sincerely, ason Dail Express Permit Coordinator cc: Ted Tyndall, Assistant Director, DCM Jim Gregson, District Manager, DCM Roy Brownlow, Compliance Coordinator, DCM Jon Giles, DCM Steve Padgett, LPO Surf City 127 Cardinal Drive Ext., Wilmington, North Carolina 28405-3845 Phone: 910-395-39001 FAX: 910-350-20041 Internet: www.nccoastalmanagement.net An Equal Opportunity 1 Affirmative Action Employer— 50% Recycled 110% Post Consumer Paper