HomeMy WebLinkAbout15-11D YoungNorth Carolina Department of Environmental Quality
il V�6
Pat McCrory
Governor
September 22, 2015
Mr. Jeff Young
7321 Orchard Trace
Wilmington, NC 28409
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 #15-11D
Dear Mr. Young,
This letter will acknowledge receipt of your check #2015, in the amount of $644.00, for the Notice of
Violation dated July 6, 2015 issued to you for the unauthorized bulkhead installation at 4818 Island Walk
Drive, Brunswick County, North Carolina. The violation involved unauthorized development within the
Coastal Wetland AEC, which is an Area of Environmental Concern designated by the Coastal Resources
Commission. This matter will be fully and completely closed once the amount is credited to the account of
the North Carolina Department of Environmental Quality.
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: Roy Brownlow, Compliance Coordinator, DCM RECEIVED
Tyler Crumbley, USACE SEP 2 2 '
Connie Marlowe, Local Permit Officer
Chad Coburn, DWR
WiRO Files
127 Cardinal Drive Ext., Wilmington, NC 28405
Phone: 910-796-7215 \ FAX: 910-395-3964 www.nccoastalmanaaement.net
An Equal Opportunity \ARrmative Action Employer
Mr. Jeff Young
September 9, 2015
Page 3
CAMA VIOLATION #15-11D
Mr. Jeff Young
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 $644 against me for violation of the Coastal Area Management Act, NCGS
113A-100 gt sew, committed on or near property located at 4818 island Walk Drive in 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 Nofice of Violation letter dated July 6, 2015, and agree to pay the proposed civil
assessment of $644.
ATE
(7&)g,2q- �a�Q
TELEPHONE NUMBER
1T7 Cardinal Onve Eq., Wilmington, North Carolina 29405,WS
Poona: 91079672151FAx: 910395aWintemet awx.nccoaetatmanaganenl.nel
An Equal Opponunity lARmrellVeAc90n Employer-50%Recycled 110%Post Consumer Paper
RECEIVED
SEP 2 5 2015
DCM- MHD CITY
Rr_CEiV=;_�
DCM ENFORCEMENT TRACKING REPORT
T Field Rep. �(,]
Complia Rep.
LPJ
Violation Description
1
\�!'Inlfial Discovery Date
0-r
t Violation DeIcNp I A A
Respondent Nam-JJ..e,�(sj)
Address -7,NM
Phone #
Discovery
CAMA or D/F Violations:
Fax
Issuer l� `\ k--'
r-IViolation Case No.
�0 Permit No. � r El V�
(if applicable)
Was activity permittable? Yes
Case No:
City _ _t VM , State Zip
Corporate Name & Registered agent �—
Violation Type: Protect Type: Authorizations Required: Site Visits Respondent Site Visits Respondent
Present Present
No Permit Private/Community lyblajor EX CAMA
Permit Condition Govt./Public 0 Minor yU D&F �lY 0
n: Expired Permit Commercial General ^\ _
Inconsistent w/ Rules Tier Level: 1 II III ,
Violation Location and Site Description A-41--9 b —
Project Location: County &t,\ U,\u uY,, Shoreline Length
Street Address/ e Road/ Lot #(s) SAV: Not Sure Yes No
Sandbags: Not Sure Yes No
Subdivision PNA Yes No I�E�VED
iy.,r r^ ORW: Yes No
City ZIP ia/�.� ( Crit. Hab. Yes No
Phone # ( �) River Basin A %1A _ Photos Yes No SEP 2 5 2015
Adj. Wtr. Body not an/unkn Waiver Required Yes No
Closest Maj. Wtr. Body V
In DWQ Buffer Area Yes DCM- MHD CITY
Specify DWQ Buffer if applicable:
Restoration
,Q -� �- Extension Granted es No m �
NOV Date Initial Req. Comp. Date r� i LC 1
Restoration Letter j
CNOV Date Date Comp. Observed Acceptance Datetr'a .raj
Penalty Assessment
i
Sent to Respondent Date
App./Permit Fee
Penalty
Rcvd. by Dist. Mgr. Date
Willful/Intent.
Assessment Extended Yes No
Continuing
7J.0409 Ref.
Recomm. Assess.
DCM Assess.
$
$
$ 1
$
isILALA
$
Total
9
Formal Assessments, Appeals and Reductions
Date Long Form Submitted Assessment Appealed: Yes No
Date Formal CPA Submitted
Penalty modified
Final Assessment $ Date
Attorney General's Office for Injunction or Formal Collection
Date sent to AG Respondent not responsive to penalty/NOV Injunction to complete restoration
Date Collection Letter Sent Date Demand Letter Sent
Violation Activities and Impacts
AECs Aff
EW PTA <:]a) PTS
OFA HHF IH UBA N/A
Other:
Restoration Required by the Respondent Y No
Wetlands Impaa��cted es No
S LDS/ CJ SY
ss sC SP IF
If yes, which types:
l YTY
BF 404
RFP 2 5 2015
ncM- M Y
Closing
Payment Received $ Date „[//(� Date Case Closed
Pat McCrory
Governor
A��
NCDENR
North Carolina Department of Environment and Natural Resources
September 9, 2015
CERTIFIED MAIL 7011 0110 0000 9947 2352
RETURN RECEIPT REQUESTED
Mr. Jeff Young
7321 Orchard Trace
Wilmington, NC 28409
RE: CAMA VIOLATION #15-11 D
Dear Mr. Young:
Ole,
Donald R. van der Vaart
Secretary
This letter is in reference to the Notice of Violation dated July 6, 2015 that Tara MacPherson, representative for
the Division of Coastal Management, issued to you for unauthorized bulkhead installation at 4818 Island Walk
Drive, Brunswick County. The violation involved the Coastal Wetland AEC, which is an Area of Environmental
Concern designated by the Coastal Resources Commission. Based upon the site visit conducted on August 31,
2015 by Tara MacPherson and correspondence with Tyler Crumbley, USACE, the restoration requested appears
to be complete to the satisfaction of the Division of Coastal Management.
The Coastal Area Management Act provides that a civil assessment of up to $10,000 plus investigative costs 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 $644 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 $644 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.
RECEIVED
127 Cardinal Drive Ext., Wilmington, North Carolina 28405-3845 SEP 16 0
Phone: 910-796-7215 1 FAX: 910-39539641Internet: www.nccoastalmanagement.net yyN��riw
An Equal Opportunity 1 Affirmative Action Employer - 50% Recycled 110% Post Consumer Paper
Mr. Jeff Young
'September 9, 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,
CD
Debra Wilson
District Manager
Enclosures
cc: Roy Brownlow, Compliance Coordinator, DCM
Tyler Crumbley, USACE
Connie Marlowe, LPO
Chad Coburn, DWR
WiRo Files
RECEIVED
SEP 161015
p{0yuui Vw
127 Cardinal Drive Ext., Wilmington, North Carolina 28405-3845
Phone: 910-796-7215 \ FAX: 910-395-3964 \ Internet: www.ncooastalmanagement.net
An Equal Opportunity \ Affirmative Action Employer — 50% Recycled \ 10% Post Consumer Paper
Mr. Jeff Young
-September 9, 2015
Page 3
CAMA VIOLATION #15-11D
Mr. Jeff Young
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 $644 against me for violation of the Coastal Area Management Act, NCGS
113A-100 et seq, committed on or near property located at 4818 Island Walk Drive in 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 July 6, 2015, and agree to pay the proposed civil
assessment of $644.
DATE SIGNATURE
ADDRESS
TELEPHONE NUMBER
RECEIVED
SEP 16 2015
127 Cardinal Drive Ext., Wilmington, North Carolina 28405-3845
Phone: 910-796-72151 FAX: 910-395-39641Internet: www.naroastaimanagement.net
An Equal Opportunity 1 Affirmative Action Employer - 50% Recycled \ 10% Post Consumer Paper
AAAA
NCDN
North Carolina Department of Environment and Natural Resources
Pat McCrory
Govemor
September 8, 2015
Mr. Jeff Young
7321 Orchard Trace
Wilmington, NC 28409
RE: RESTORATION ACCEPTANCE - CAMA VIOLATION #15.11 D
Dear Mr. Young:
Donald R. van der Vaart
Secretary
This letter is in reference to the Notice of Violation # 15-11D sent to you dated July 2, 2015 for the unauthorized
installation of a bulkhead within the Coastal Wetland Area of Environmental Concern in or near Saucepan Creek. The
violation took place on property located at 4818 Island Walk Drive in the Shallotte in Brunswick, North Carolina. This
unauthorized activity constituted development and you were requested to remove the portions of the bulkhead within
Section 404 type Wetlands and Coastal Wetlands. In accordance with the North Carolina Administrative Code, Tide
15A, Subchapter 7J.0410, any violation involving development which is inconsistent With guidelines for development
within Areas of Environmental Concern (AEC) must be corrected by restoring the project site to pre -development
conditions to recover lost resources or to prevent further resource damage.
I conducted a site visit at the aforementioned property on August 31, 2015 to inspect the restoration of the
unauthorized activity addressed in the Notice of Violation 15-1 1D. Based on this inspection, it appears the restoration
is accomplished to the satisfaction of this Division. Upon my submission of an enforcement report, you will be
notified as to the amount of the civil penalty for undertaking this unauthorized activity Within an Area of Environmental
concern.
Thank you for your attention and cooperation in this matter. If you have any questions pertaining to this matter,
please feel free to call me at (910) 796-7215.
Sincerely,
are MacPherson
Field Specialist, DCM
Cc: Debra Wilson, District Manager, DCM
Roy Brownlow, Compliance Coordinator, DCM
Tyler Crumbley, USACE
Connie Marlowe, LIDO
Chad Coburn, DWR
RECEIVED
SEP 16 20b
127 Cardinal Ddve Ext., Wilmington, North Carolina 28405-3M
Phone: (910) 796-72151 FAX: 910-395-39641 Internet: www.nocoastalmanagement.n
An Equal Opportunity 1 Affirmative Action Employer- 50% Recycled 110% Post Consumer
Pat McCrory
Governor
'A
WDI R
North Carolina Department of Environment and Natural Resources
NOTICE OF VIOLATION
July 6, 2015
CERTIFIED MAIL 70110110 0000 9947 2383
RETURN RECEIPT REQUESTED
Mr. Jeff Young
7321 Orchard Trace
Wilmington, NC 28409
RE: NOTICE OF VIOLATION AND REQUEST TO CEASE UNAUTHORIZED DEVELOPMENT
CAMA VIOLA7I0N#15-11D
Dear Mr. Young:
p(, 3
Donald R. van der Vaart
Secretary
This letter confirms that on July 1, 2015 Tyler Crumbley, U.S. Army Corps of Engineers, and I met with you 6nsite at
your property located at 4818 Island Walk Drive 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 bulkhead installation within the Coastal Wetland Area of Environmental Concern (AEC).
This letter also confirms our June 1, 2015 site visit with Debra Wilson, District Manager, and Connie Marlowe, Local
Permitting Officer, regarding this matter.
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-1 18.
I have information that indicates you have undertaken or are legally responsible for the installation of a 140 linear foot
bulkhead which resulted in the unauthorized filling of coastal wetlands by placing earthen fill material in an
approximately 4 ft. in width by 93' in length (t279 square feet) area adjacent to Saucepan Creek on the east side of
your property. The affected coastal wetland areas contain Spartina aftemi5ora, Distichlis spicafa and Juncus
roemerianus. This activity took place in the Estuarine Shoreline and Coastal Wetland AECs that are contiguous with
Saucepan Creek. Estuarine Shoreline and Coastal Wetland areas are designated as Areas of Environmental
Concern (AEC). No CAMA permit was issued to you for work in the Coastal Wetland AEC. 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. A civil assessment of up to $10,000
plus investigative costs 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
$10,000. An injunction or criminal penalty may also be sought to enforce any violation in accordance with N.C.G.S.
113A-126.
RECEIVED
127 Cardinal Drive Ext., Wilmington, Noah Carolina 284059845
JUL 08 208
Phone: (910) 796-72151 FAX: 910-395-3964 1 Intemet: www.nocoastaimanagement.net
An Equal Opportunity 1 Affirmative Action Employer— 50% Recycled 110% Post Consumer Paper
�lvlr. Jeff Young
July 1, 2015
Page 2 of 3
It is the policy of the Coastal Resources Commission to assess a civil penalty 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. The amount assessed will depend upon 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. 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 in accordance with
N.C.G.S. 113-229.
The placing of earthen fill material on the marsh substrate undertaken in coastal wetlands is inconsistent with the
North Carolina Administrative Code, Title 15A, Subchapter 07H, Section .0205(d), Use Standards for Coastal
Wetlands, and Section 7H .0209(d)(4), Use Standards for Coastal Shorelines, State Guidelines for Areas of
Environmental Concern. Therefore, I am requesting that the impacted coastal wetland areas be restored to pre -
development conditions and the altered substrate be restored to same elevation as the immediately adjacent natural
grade.
The enclosed Restoration Plan describes the action necessary to bring this project into compliance with the Act. If
you intend to cooperate with my request, please sign one of the attached Restoration Agreements and return it to me
in the enclosed, self-addressed envelope within ten (10) days of receipt of this letter. Failure to comply with this
request or respond back to this office prior to the requested deadline with an acceptable schedule for compliance will
be interpreted as a refusal to cooperate and will result in a Notice of Continuing Violation, as well as a court injunction
being sought ordering compliance.
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 (910) 796-7425. Upon completion of the restoration as requested in the Restoration
Plan Agreement to the satisfaction of the Division of Coastal Management, you will be notified as to the amount of
the civil assessment for undertaking development without first obtaining the proper permit(s) and/or development that
is inconsistent with Coastal Resources Commission rules.
Sincerely,
IV
Tara MacPherson
Field Specialist
Cc: Debra Wilson, District Manager, DCM
Roy Brownlow, Compliance Coordinator, DCM
Tyler Crumbley, USACE
Connie Marlowe, LIDO
Chad Coburn, DWR
ENCLOSURE
RECEIVED
JUL 0 8 2015
�s.w'-Wrru �,ux
127 Cardinal Drive Ext., Wilmington, North Carolina 284053845
Phone: (910) 796-7215\ FAX: 9103953964 \ Intemet: www.nocoastaimanagement.net
An Equal Opportunity \ Affirmative Action Employer — 50% Recycled \ 10% Post Consumer Paper
Tv1r. Jeff Young
July 1; 2015
Page 3 of 3
RESTORATION PLAN
For
Jeff Young Property
CAMA Violation No.15-11 D
Property located at 4818 Island Walk Drive, Brunswick County
1. Restore 279 square feet of impacted Section 404 Wetlands/Coastal Wetlands to its pre -development
condition and restore to the same elevation as the immediately adjacent natural grade by removing the
unauthorized bulkhead and relocating it landward of all wetlands as indicated by the survey dated 6/3/14
(Attached).
I, Jeff Young, agree to complete this restoration to the satisfaction of the Division of Coastal Management (DCM) by
August 6, 2015, or provide an explanation for non-compliance and a reasonable request for time extension. When
corrective actions are complete, I will notify the DCM so the work can be inspected.
SIGNATURE:
RECEIVED
JUL 0 81015
DATE: 40-4W9 CW4
It is the policy of the Coastal Resources Commission to assess a civil penalty plus investigative costs against all violations. The
amount assessed will depend upon several factors, including the nature and area of the resources that were affected and the
event of the damage to them. If restoration is not undertaken or satisfactorily completed, a substantially higher civil assessment
will be levied and an injunction sought to require restoration.
127 Cardinal Drive Ext., Wilmington, North Carolina 284053845
Phone: (910) 796-72151 FAX: 910395-39641 Internet www.ncooastalmanagement.net
An Equal Opportunity 1 Affirmative Action Employer — 50% Recycled 110% Post Consumer Paper
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DCM ENFORCEMENT TRACKING REPORT
`+Compliar^ Rep.
C
Violation Description
Initial Discovery Date t Discovery
Violation Description I
Respondent Intormatl - P for CAMA or D/F Violations: Yes/ No
Respondent Name(s) l
Address -TW\, City
Phone # -7 --q ao -'_O1-1 _ _- __ __ _ Fax #/Email
Violation Case
5-111�
Permit No. _ble)
(if applicable)
Was activity permittable? Yes No
Prior Case No:
(Landowner/Agent/Ca
(6LJV1At1V1 State Zip
Corporate Name & Registered agent �—
Violation Type: Pr Tact Type: Authorizations Required: Site Visits Respondent Site Visits Respondent
Present Present
No Per Private/Community Ybtajor EXCAMA �'/I t t
Permit Condition Govt./Public Minor I7Cl D&F �(0
n. Expired Permit commercial General El
^-'`
Inconsistent w/ Rules Tier Level: 1 II III
Violation Location and Site Description r�,
Project Location: County flt�t1V.\1I V�A'�lr�
Fi
Street Address/ State Road/ Lot #(s)
Subdivision
City
Phone #
Adj. Wtr. Body
Closest Maj. Wtr. Body
NOV Date
CNOV Date
Penalty Assessment
Sent to Respondent Date
ZIP
River Basin
Initial Req. Comp. Date
Date Comp. Observed
App./Permit Fee
Penalty
Rcvd. by Dist. Mgr. Date
Willful/Intent.
Assessment Extended Yes No
Continuing
Investigative
Lat/Long
Shoreline Length
SAV: Not Sure
Yes
No
Sandbags: Not Sure
Yes
No
PNA
Yes
No
ORW:
Yes
No
Crit. Hab.
Yes
No
Photos
Yes
No
Waiver Required
Yes
No
In DWQ Buffer Area
Yes
No
Specify DWQ Buffer if applicable:
_
Adjacent
Adjacent
2ECEIVED
JUL 0 8 1015
/11..ol: wnw
Extension Granted Yes No
Restoration Letter
Acceptance Date
7J.0409 Ref.
Recomm, Assess.
DCM Assess.
$
$
Total
Formal Assessments, Appeals and Reductions
Date Long Form Submitted Assessment Appealed: Yes No
Date Formal CPA Submitted
Penalty modified
Final Assessment $ Date
Attorney General's Office for Injunction or Formal Collection
Date sent to AG Respondent not responsive to penalty/NOV M Injunction to complete restoration
Date Collection Letter Sent Date Demand Letter Sent
Violation Activities and Impacts
AECs �Af�Wetlands Impacted. es No If yes, which types:
l_5 EW PTA PTS �)
OEA HHF IH UBA N/A (,-b9/® CJ SY TY
PWS: FC: S SC SP IF 8F 404
Other:
Restoration Required by the Respondent Ye No
Dimensions in excess
of permit/ unauthorized activities
Dimensions to restore
Final dimensions
allowed
Actually restored
ME MIME
NOTES:
1, I
)ZFC- 'Lv
0s s JiIl5
Closing
Payment Received $ Date Date Case Closed
NCDEE R
North Carolina Department of Environment and Natural Resources
Pat McCrory
Governor
August 3, 2015
Mr. Jeff Young
7321 Orchard Trace
Wilmington, NC 28409
RE: RESTORATION DEADLINE EXTENSION
CAMA VIOLATION CASE NO. 15-11D
Dear Mr. Young:
Donald R. van der Vaart
Secretary
This letter confirms the July 21, 2015 phone conversation I had with you in reference to the August 6, 2015
time limit for restoring the unauthorized bulkhead that you are legally responsible for within the Coastal
Wetland AEC adjacent to Saucepan Creek at your property located at 4818 Island Walk Drive in Brunswick
County, North Carolina. Notice of Violation case number 15-11 D was issued to you on July 6, 2015 for the
unauthorized work and requested restoration.
Based on our July 21, 2015 phone conversation and the circumstances surrounding this case, your request
to extend the restoration time limit is approved in order to allow you additional time to comply with the
requested restoration. The restoration time limit is extended to September 6, 2015. Please note that this
extension is fora thirty (30) day period. The requested restoration must be performed to the satisfaction of
the Division of Coastal Management by the date indicated or provide an explanation for non-compliance
and a reasonable request for a time extension.
Thank you for your cooperation in resolving this important matter. If you have any questions about this or
related matters, please call me at (910) 796-7215.
Sincerely,
Tara MacPherson
Field Specialist
Cc: Debra Wilson, District Manager, DCM
Roy Brownlow, Compliance Coordinator, DCM
Tyler Crumbley, USACE
Connie Marlowe, LPO
Chad Coburn, DWR
RECEIVED
AUG 0 9 2015
NgM+w7a.C�
127 Cardinal Drive E4, Wilmington, North Carolina 284053845
Phone: (910) 796-7215\ FAX: 9103953964 \ Internet: www.nccoastaimanagement.net
An Equal Opportunity \ Affirmative Action Employer — 50% Recycled \ 10% Post Consumer Paper
RECEIVED
AUG 0 6 1015