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Home My WebLink About05-62D Circa Development INC02-Nov-05 NC DIVISION OF COASTAL MANAGEMENT ENFORCEMENT RECORD ® CASE NUMBER LAST NAME FIRST NAME BUSINESS NAME: y� 05-62D ITRETHEWAY ICIRCA DEVELOPMENT, INC. CASE IS CLOSED Previous Violations in Same AEC for Similar Activities NOV DATE CLOSURE DATE Elapsed Days AFFLILIATION SECTOR &23/2005 F— PROPERTY OWNER COMMERCIAL MAILING ADDRESS CITY STATE ZIP CODE PHONE NUMBER 1822 SECOND BAXTER CROS FORT MILL SC 2PW F— PROPERTY ADDRESS COMMUNITY WATERBODY NEAREST ROAD 73 8 74TH STREET JOAK ISLAND 1ATLANTIC OCEAN F— DISTRICT OFFICE COUNTY DCM REPRESENTATIVE LPO CONTACT WIRO BRUNSWICK ISTENBERG I VIOLATION TYPE ® r 1 CW j I EW , 'PTA ES i PTS MAJOR CAMA J; OEA F1 HHFA j IHA PWS 1 1 NCRA NATURE OF VIOLATION AEC DESCRIPTION ISectio, 404 Wetlands ized major development by undertaking development activities, including but not limited to utility o for a proposed subdivision and filling of zoned Section 404 wetlands within the OE and OHHFA AECs to the Atlantic Ocean. [J RESTORATION NOT REQUIRED - CONTRACTOR ❑ RESTORATION NOT REQUIRED - PERMITTABLE DEVELOPMENT ❑ RESTORATION NOT REQUIRED - FURTHER IMPACTS jam. RESTORATION PENDING RESTORATION REQUEST DATE COMPLETION DATE RESTORATION EXTENDED RESTORE DATE - DEADLINE EXTENDED J REFERRED TO AG'S rOFFICE - INJUNCTION INJUNCTION DATE: I — L l REFERRED TO AG'S OFFICE - COLLECTION COLLECTION REQUEST DATE: r— ASSESSMENT DATE PENALTY AMOUNT COLLECTION DATE AMOUNT COLLECTED [-]PENALTY ISSUED ❑ WILLFUL & INTENTIONAL PENALTY IN. OR DOUBLED) ElPENALTY NOT ISSUED ❑ CNOV ISSUED CNOV DATE ElCONRACTOR'S FIRST OFFENSE [-1PENALTY APPEALED APPEAL DATE ❑ FORMAL CPA ISSUED F—FORMAL CPA DATE ❑ SETTLED, AGREED UPON. STIPULATED PENALTY 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 agent for Circa uevelopment, Inc. ' -•sli .a. " .. ICI, ;I 1 _T ' ,; r-a ARIA 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 September 23, 2005 +++�� CERTIFIED MAIL #7004 2890 0002 3417 6902 RETURN RECEIPT REQUESTED S . FP 2 9 200to Mr. Thomas Tretheway Morehe Circa Development, Inc. ad Qty ACM 1822 Second Baxter Crossing Fort Mill, SC 29708 RE; NOTICE OF VIOLA 7T(T CEA UNAUTHORIZED DEVELOPMENT CAMA VIOLATION 05-01 D ODear Mr. Tretheway: This letter confirms that on August 30, 2005, Steve Edwards (Town of Oak Island Local Permitting Officer), Darren Becker (Job Site Supervisor from Thomsan & Co.), and I were onsite at your property located at Block B-78, between 731d & 74th Streets, adjacent to the Atlantic Ocean located in Oak Island, Brunswick County, North Carolina. The purpose of the visit was to investigate unauthorized development. This development included the installation of utility lines and dewatering wells associated with the Circa Development, Inc. Subdivision, within the Ocean Hazard, Area of Environmental Concern (AEC). 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. On January 13, 2005 a major permit application for Circa Development, Inc. was submitted to this office. The development activities requesting to be permitted in this application was for utility installation and filling of zoned 404 wetlands to serve a proposed subdivision. After an initial review of this application, it was determined that the application lacked information necessary to complete processing. On February 28, 2005 a letter requesting the needed additional information needed was sent to your office. This letter also explained that the permit would be placed on hold and would not be processed until this additional information was submitted. I now have information that indicates that you have undertaken, or are legally responsible for the installation of utility lines and dewatering wells serving this proposed subdivision on the aforementioned property without first receiving this CAMA Major Permit. This activity took place in a High Hazard Flood Area that is contiguous with the Atlantic Ocean AEC. The High Hazard Flood Area is designated as an Area of Environmental Concern (AEC). Based on these findings, I am initiating an enforcement action by 127 Cardinal Drive Ext., Wilmington, North Carolina 28405-3845 Phone: (910) 796-72151 FAX: 910-350-20041Internet: www.necoastalmanagement.net An Equal Opportunity 1 Afirmative Action Employer— 50% Recycled 110%Post Consumer Paper Mr. Thomas Trethewayl September 23, 2005 Page 2 of 3 issuing this Notice of Violation for violation of the Coastal Area Management. I request that you immediately CEASE AND DESIST any further unauthorized development within designated Areas of Environmental Concern. 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 provide me with the following: 1)Documentation identified in the request for additional information letter that was sent to your office on February 30, 2005. This information is needed in order to complete the Major Permit Application process. A copy of this letter is attached. 2)No additional work may be conducted until the Division of Coastal Management, the US Army Corps of Engineers, and any other applicable federal, State or local agency have issued proper permits. 3)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 Block B-713, between 73rd & 74th Streets, adjacent to the Atlantic Ocean located in Oak Island, Brunswick County, North Carolina. The contact person with the Division of Water Quality is Linda Lewis @ (910)-796-7404. 4)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 127 Cardinal Drive Ext., Wilmington, North Carolina 28405-3845 Phone: (910) 796-72151 FAX: 910-350-20041 Internet: www.necoastalmanagement.net An Equal Opportunity 1 Affirmative Action Employer-50% Recycled 110% Post Consumer Paper Mr. Thomas Trethewayl September 23, 2005 Page 3 of 3 this or related matters, please call me at (910) 796-7290. 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, l Gale Stenberg Field Representative Attachment: 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 (LPC) 127 Cardinal Drive Ext., Wilmington, North Carolina 28405-3845 Phone: (910) 796-7215\ FAX: 910-350-2004 \ Internet: www.nccoastalmanagement.net An Equal Opportunity \ Affirmative Action Employer— 50% Recycled \ 10% Post Consumer Paper ®,ate r 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 February 28,2005 CERTIFIED MAIL #7004 2890 0002 3425 1715 RETURN RECEIPT REQUESTED Mr. Harvey E. Clifton, Jr. 127 Country Place Road Wilmington, NC 28409 RE: CAMA Major Permit Application Mr. Thomas Tretheway Circa Development, Inc. Brunswick County Dear Mr. Clifton: The NC Division of Coastal Management hereby acknowledges receipt of your application for State approval for the filling of 15,698 sq. ft. (0.36 acre) of wetlands located at block B-713, between 73`d and 74" Streets, Oak Island, Brunswick County. However, your application lacks information necessary for complete processing. The attached checklist indicates the deficiencies of your application. If you respond within three working days from the date of this fax or E-mail, or within five days from the receipt of this letter with the required additional information, processing of your application will promptly continue and will not be placed on hold. If you are not able to respond within three or five days, your application will not be accepted as complete for processing. Additional information may be required pending furtlier review by the fifteen (15) review agencies. The attached checklist indicates the deficiencies of your application. If you have any questions concerning this matter, please call me at my Wilmington Office at (910) 395-3900. Sincerely, Gale Stenberg Field Representative cc: Wilmington Files 127 Cardinal Drive Extension, Wilmington, North Carolina 28405-3845 Phone: 910-395-3900\Fax: 910-350-2004 \ Internet: hfp://dcm2.enr.state.nc.us An Equal Opportunity \ Affirmative Action Employer - 50% Recycled \10% Post Consumer Paper Mr. Harvey E. Clifton, Jr. February 28, 2005 Page 2 of 3 CHECKLIST OF ADDITIONAL INFORMATION AND RECOMMENDATIONS FOR . PROCESSP�G APPLICATION 1. Application form DCM MP-1, 3.a requires you to list all of the activities that you propose. This would include converting the 22,732 sq. ft. (0.52 acre) of uplands into wetlands as well as the filling in of the designated wetland area. Section 3.d asks for a brief description of the purpose, use , methods of construction and daily operations of proposed project. The purpose would be to allow the development of number of lots on beach front property to be developed for private use? A brief description needs to be included. Section 4.b states that there will be 4 individual lots in this development. The DCM NIP-3 form states that there will be 18 lots in this development. The size of the individual lots also does not coincide. Both need to reflect what is actually being proposed to be constructed Section 4.1 asks if the delineation of the wetlands have been conducted. A yes or no answer is needed. On the AEC Hazard Notice form, information concerning (Date Lot Was Platted: has not been completed Application form DCM MP-2, Excavation And Fill, must be filled out in full. This would include all information concerning the proposed filling of wetlands area and the converting of upland area into wetlands. Application form DCM MP-3, b & c must reflect what is actually being proposed. (See DCM MP-1. 4.b) Section a requires that a sedimentation and erosion control plan be submitted to the Division of Land Resources because this project is over one acre in size. The date that this plan is submitted needs to be given. Section g requires the percentage of the tract to be covered by impervious and/or built -upon surfaces, such as pavement, buildings, rooftops, or to be used for vehicular driveways or parking to be listed. Section n requires a date for when the ocean front lots were platted or recorded. All of the information provided in these forms must accurately correspond with the submitted work plan drawings. 5. Each drawing must have a simple title block, which lists the applicants name, drawing number (i.e. Page 1 of 4) and the date the application was prepared. Undated drawings can not be accepted. The workplans must be accurately drawn to scale (i.e. 1" = 20'). The scale must be listed on each drawing. The copies submitted do not match the scale listed on the drawings. The Top or Plan view drawings must also include the following: Full dimensions of proposed excavation, fill and/or spoil disposal areas. Names and location of adjacent property owners. True number of lots/parcels of land to be created. Mr. Harvey E. Clifton, Jr. February 28, 2005 Page 3 of 3 8. The Cross -Sectional (Side -View) Drawing must also be included which lists the following: Depth and elevation of the proposed work relative to the existing ground level. Elevations of adjacent dunes. Mean low water and mean high water lines. Certified letters (Return Receipt Requested) with the copies of the permit application package (permit application forms and appropriate workplan drawings) must be sent to all adjacent property owners. The signed return receipt(s) must be provided with the permit application. This notification must also include instructions to the adjacent property owner that any objections or concerns they have about your proposed development should be provided in writing to the Division of Coastal Management. 10. Because this proposal will lead to an increase in built -upon area on your property, you are required to submit a stormwater management plan to the N.C. Division of Water Quality for review and approval. You are advised that the Division of Coastal Management can not issue a CAMA permit until this approval has been obtained. North Carolina r DEPARTMENT OF THE � ! ' � Elaine F. Marshall Secretary SECRETARY OF STATE PO Box 29622 Raleigh, NC 27626-0622 (919)807-2000 Corporations •Corporations Home •Important Notice *Corporate Forms/Fees *Corporations FAQ *Tobacco Manufacturers *Dissolution Reports *Non -Profit Reports eVerify Certification •Online Annual Reports Links *Secretary Of State Home *Register for E-Procurement *Dept. of Revenue Legislation e1999 Senate Bills e2001 Bill Summaries •Annual Reports 1997 •Corporations 1997 •Other Legislation Search *By Corporate Name *For New Corporation *By Registered Agent Online Orders •Start An Order *New Payment Procedures Contact Us *Corporations Division *Secretary of State's web site Print *Printable Page Date: 11 /2/2005 Click here to: View Document Filings I Print apre-populated Annual Report Form I File an Annual Report I Corporation Names Name Name Type NC Circa Development, Inc. 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