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HomeMy WebLinkAbout08-01D Wrightm AMA NCDENR North Carolina Department of Environment and Natural Resources Division of Coastal Management Michael F. Easley, Governor James H. Gregson, Director William G. Ross Jr., Secretary February 4, 2008 Derek Wright C/o Jon Joyner PO Box 1237 Wilmington, NC 28402 RE: Closure Letter— Derek Wright Payment of Proposed Penalty for Violations of the Coastal Area Management Act, Committed in New Hanover County CAMA Violation #08-01 D Dear Mr. Wright: This letter will acknowledge receipt of your check #9196, dated February 4, 2008, in the amount of $350.00. Once the amount is credited to the Department of Environment and Natural Resources' account, this matter will be fully and completely closed. If you have any questions concerning this matter, please contact me at the Wilmington office, 910.796.7215. Sincerely, Steven H. Everhart, PhD District Manager SHE/sks cc: Roy.Brownlow, Compliance Coordinator WIRO File Copy D FEB 7 2008 Morehead City DCM 127 Cardinal Drive Extension, Wilmington, NC 28405 Phone: 910.796.72151 FAX: 910.395.39641 Internet: www.nccoastalmanagament.net An Equal Opportunity 1 Affirmative Action Employer - 50% Recycled 110% Post Consumer Paper Mr. Wright January 28,2008 Page 3 CAMA VIOLATION #08.01D Mr. Derek Wright 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 $350 against me for violation of the Coastal Area Management Act, NCGS 113A-100 et sec, committed on or near my property at 7227 Masonboro Sound Rd in New Hanover County, North Carolina. In order to resolve this matter with no further action or expense on my part, I accept responsibility forthe violation as described in the Notice of Violation letterdated January 22, 2008, and agree to pay the proposed civil assessment of $350. DATE IGS NATURE leyta. West -nor �riV� ADDRESS q10 kbd- 06-73 TELEPHONE NUMBER "ECE1VECU DCM WILMINGTON, NC FEB 0 4 2008 127 Cardinal Drive Ext., Wilmington, North Carolina 28405-3845 Phone: 910-796-72151 FAX: 910-395-39641 Internet: www.nccoastalmanagement.net An Equal Opportunity \Affirmative Action Employer— 50% Recycled 110% Post Consumer Paper NCDENR North Carolina Department of Environment and Natural Resources Division of Coastal Management Michael F. Easley, Governor James H. Gregson, Director William G. Ross Jr., Secretary January 28, 2008 rDFaxed Derek Wright JAN 3 0 2008 C/o Jon Joyner P.O. Box 1237 Wilmington, NC 28402 Morehead City DCM RE: RESTORATION ACCEPTANCE -CAMAVIOLATION #08.01D Dear Mr. Wright: This letter is in reference to the Notice of Violation # 08-01 D sent to you dated January 22, 2008 for the rutting and alteration of the marsh substrate and the resultant excavation and filling of an approximately 17-foot long by 8-foot wide (136 ftz) area of marsh substrate in coastal wetlands within the Coastal Wetland and Estuarine Shoreline AEC's in or near Hewletts Creek. The violation took place on your property located at 7227 Masonboro Sound Rd. adjacent to Hewletts Creek located in or near Wilmington, off Masonboro Sound Rd., New Hanover County, North Carolina. This unauthorized activity constituted development and you were requested to restore the impacted coastal wetland area and the altered marshland substrate to its pre -development condition and restore to the same elevation as the immediately adjacent natural grade in a manner that will not cause additional substrate alteration. In accordance with the North Carolina Administrative Code, Title 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 January 25, 2008 to inspect the restoration of the unauthorized activity addressed in the Notice of Violation 08-01 D 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. SiinncAelerely, ag�� Tara Croft Compliance and Enforcement Representative Cc: Steven H. Everhart, PhD, District Manager, DCM Roy Brownlow, Compliance Coordinator, DCM Jennifer Frye- ACOE Brandon Quatman - LPO Wilmington Files, DCM 127 Cardinal Drive Ext., Wilmington, North Carolina 28405-3845 Phone: (910) 796-7215\ FAX: 910-395-3964 \ Internet: www.nccoastaimanagement.net An Equal Opportunity \ Affirmative Action Employer— 50% Recycled \ 10% Post Consumer Paper .North Carolina Department of Environment and Natural Division of Coastal Management Michael F. Easley, Governor James H. Gregson, Director January 28, 2008 CERTIFIED MAIL 7007 0220 0000 8224 6734 RETURN RECEIPT REQUESTED Faxed Derek Wright C/o Jon Joyner P.O. Box 1237 Wilmington, NC 28402 RE: CAMA VIOLATION#08-01D Dear Mr. Wright: MIN Resources William G. Ross Jr., Secretary This letter is in reference to the Notice of Violation dated January 22, 2008 that Tara Croft, representative for the Division of Coastal Management, issued to you for alteration of the marsh substrate and the resultant excavation and filling of an approximately 17-foot long by 8-foot wide (136 ftz) area of marsh substrate at 7227 Masonboro Sound Rd, adjacent to Hewletts Creek, New Hanover County. The violation involved Coastal Wetland and Estuarine Shoreline AEC's, which are Areas of Environmental Concern designated by the Coastal Resources Commission. Based upon the site visit conducted on January 25, 2008 by Tara Croft, 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 $2,500 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 $350 is appropriate forthis violation. You may expeditiously resolve this matter priorto the assessmentof a formal civil penalty by accepting responsibility for the violation and paying the amount proposed above. In orderto do this, ,you must: (1) sign one of the attached copies of an "Agreement to Pay Civil Assessment;" (2) attach a check or money orderfor $350 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 remission of the penalty. 127 Cardinal Drive Ext., Wilmington, North Carolina 28405-3845. Phone: 910-796-7215 \ FAX: 910-395-3964 \ Internet: www.nccoastalmanagement.net An Equal Opportunity \ Affirmative Action Employer — 50% Recycled \ 10% Post Consumer Paper Mr. Wright January 28, 2008 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, LOM Steven H. Everhart, PhD District Manager Enclosures cc: Roy Brownlow, Compliance Coordinator, DCM Brandon Quatman - LPO Wilmington Files, DCM 127 Cardinal Drive Ext., Wilmington, North Carolina 28405-3845 Phone: 910-796-7215 \ FAX: 910-395-3964 \ Internet: www.nccoastalmanagement.net An Equal Opportunity 1 Affirmative Action Employer— 50% Recycled \ 10% Post Consumer Paper Mr. Wright January 28, 2008 Page 3 CAMA VIOLATION #08.01 D Mr. Derek Wright 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 $350 against me for violation of the Coastal Area Management Act, NCGS 113A-100 et sec, committed on or near my property at 7227 Masonboro Sound Rd in New Hanover 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 letterdated January 22, 2008, and agree to pay the proposed civil assessment of $350. DATE SIGNATURE ADDRESS TELEPHONE NUMBER 127 Cardinal Drive Ext., Wilmington, North Carolina 28405-3845 Phone: 910-796-7215 \ FAX: 910-395-3964 \ Internet: www.nccoastalmanagement.net An Equal Opportunity \ Affirmative Action Employer— 50% Recycled \ 10% Post Consumer Paper --DCM 1ENFORCEMENT TRACKING REPORT �t Field Rep `,� Is u r 6 I \> Violation Base No. �� LPO p I A B C D LP) / Violated Permit No. vt 9 (if applicable) Violation Descript"on Initial Discovery Date \ 1-7 I Discoyery Method _ t Was activiV pe Respondent Information \PmriViof �Qy�CNlor InDs p\1 sa`{m'Z1e�AEC: � Y�eI� ''o Respondent Names). tL1,,C(k!'a�s,�oe� AddressX 3I City State Phone# Fax# f Email Violation Type: No Permit �! Permit Condition u Expired Permit' Inconsistent wl Rules Project Type: Private/Community Govt./Public Commercial Authorizations Required: . Major g CAMA Minor _ D&F General Violation Location and Site tDescription Project Location: CountyY^V7 WCYlhUP4� Street Address/ State Road/ Lot #(s) ' L0-(Ok 1 I�llli (YiJ�Ii Subdivision ',4[Q Mk' City Il l n . Phone VW_River Basin/ t ClosestBody Restoration lam` —IAA 0yeal� d IRIk U 10 i NOV Date U D Initial Req. Co�pp.Date CNOV Date .__ Date Comp. Obderved� Penalty Assessment Sent to Respondent Date Rcvd. by Dist. Mgr. Date Assessment Extended Yes No App./Permit Fee Penalty Willful/Intent. Continuing Other Site Visits Respondent resent le?. Site Visits. Respondent Present Rover File 6f Shoreline Length --� SAV. Not Sure Yes No Sandbags: Not Sure Yes No PNA: Yes No Adjacent ORW: Yes Eo Adjacent ,.Cris Hab. Yes No Photos No Waiver Required es No In DWQ Buffer Area Yes Specify DWQ Buffer if applicable: _ 140 Extension Granted Yes No lRestoration Letter _ Acceptance Date O� 71.0409 Ref. Recomm. Assess. ; DCM Assess. i $ SL $ $ ES S $ g �g Total Formal Assessments, Appeals and Reductions I �Date Long Form Submitted Date Formal CPA Submitted Assessment Appealed Yes No Final Assessment g — aJ:e_� Penalty modified Attorney General's Office for Injunction or Formal Collection Date sent to AG — . _ Respondant not responsive to penalty/NOV I i Injunction to complete restoration Date Collection Let. Sent Date Demand Let. Sent Violation Activities and Impacts `� AECs Af ed: �' J` OEEW PTA ES pTS Wetlands Impacted? Yes / No If yes, OGif�fi types: dHHF IH ^- PWS: SA (DD CJ SY 1R t . FC: SC F TY Other: © IF BF 404 Restoration Required by the Respondent es No Dimensions in excess - :of permit/ unauthorized activities .Dimensions to restore Final dimensions Development Activities I LP allowed Actually restored a NOTES: Closing Payment Received Date Case Closed Cy PIMA AMA NCDENR North Carolina Department of Environment and Natural Resources Division of Coastal Management Michael F. Easley, Governor James H. Gregson, Director William G. Ross Jr., Secretary NOTICE OF VIOLATION January 22, 2008 CERTIFIED MAIL 7007 0220 0000 8224 6758 RETURN RECEIPT REQUESTED Derek Wright Q C/o Jon Joyner JJ!R 2 4 2008 P.O. Box 1237 Wilmington, NC 28402 Morehead C:it, RE: NOTICE OF VIOLATION AND REQUEST TO CEASE UNAUTHORIZED DEVELOPMENT CAMA VIOLATION #08-01D Dear Mr. Wright: This letter takes precedence over the Notice of Violation (NOV) 08-01 D dated January 9, 2008. This letter confirms that on January 7, 2008, Robb Mairs, DCM Field Representative, Brandon Quatman, and Colleen Murtaugh, New Hanover County Permitting Officers, your project consultant Mark Westendorff, Land Management Group, Inc. and I were onsite at your property located at 7227 Masonboro Sound Rd. adjacent to Hewletts Creek located in or near Wilmington, off Masonboro Sound Rd., New Hanover County, North Carolina. The purpose of the visit was to verify the coastal wetland line for minor permit application 07-080. During this site visit it was determined that an area of coastal wetlands was adversely impacted during recent mechanical clearing of the property. 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) as well as the States 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. This requirement is imposed by North Carolina General Statute (N.C.G.S.) 113A-118. I have information that indicates you have undertaken or are legally responsible for the rutting and alteration of the marsh substrate and the resultant excavation and filling of an approximately 17-foot long by 8-foot wide (136 ft2) area of marsh substrate in coastal wetlands on the aforementioned property immediately landward of the Normal High Water line, as was designated by DCM staff. The affected Coastal Wetland areas contain Spartina altemiflora, Ditichlis spicata and Spartina patens. This activity took place in the Coastal Wetland and Estuarine Shoreline AECs that are contiguous with Hewletts Creek. Coastal Wetland and Estuarine Shoreline AEC areas are designated as Areas of Environmental Concern (AEC). Hewletts Creek is also designated as a Primary Nursery Area (PNA). 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 unauthorized activities 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 (N.C.G.S.113A-126). 127 Cardinal Drive Ext., Wilmington, North Carolina 28405-3845 Phone: 910-796-72151 FAX: 910-395-39641 Internet: www.nccoastalmanagement.net Mr. Wright January 22, 2008 Page 2 of 3 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. The unauthorized alteration of the marsh substrate you have undertaken associated with land clearing was done without a permit from this Division. 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 in accordance with N.C.G.S.113-229. It is the policy of the Coastal Resources Commission to levy a minimum civil assessment of $350.00 not to exceed $2,500 against all violations of this type. 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. The alteration and resultant excavation and filling of the marsh substrate that has been undertaken in Coastal Wetlands as an adjunct to land clearing is inconsistent with the North Carolina Administrative Code, Title 15A, Subchapter 07H, Section .0205(d and Section 7H .0209(d)(4) State Guidelines for Areas of Environmental Concern. Therefore, I am requesting that the area be restored to its pre -development condition 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) 796-7215. 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, Tara Croft Compliance and Enforcement Representative Cc: Steven H. Everhart, PhD, District Manager, DCM Roy Brownlow, Compliance Coordinator, DCM Jennifer Frye- ACOE Brandon Quatman - LPO Wilmington Files ENCLOSURE 127 Cardinal Drive Ext., Wilmington, North Carolina 28405-3845 Phone: (910) 796-7215\ FAX: 910-395-3964 \ Internet: www.nccoastalmanagement.net An Equal Opportunity \ Affirmative Action Employer — 50% Recycled \ 10% Post Consumer Paper Mr. Wright January 22, 2008 Page 3 of 3 RESTORATION PLAN For Derek Wright Property CAMA Violation No. 08-01D Property located at 7227 Masonboro Sound Rd, New Hanover County 1. Restore the 136 ftz impacted coastal wetland area and the altered marshland substrate to its pre - development condition and restore to the same elevation as the immediately adjacent natural grade in a manner that will not cause additional substrate alteration (i.e. using hand tools such as rakes and shovels). I, Derek Wright, agree to complete this restoration to the satisfaction of the Division of Coastal Management (DCM) by February 22, 2008, 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: DATE: It is the policy of the Coastal Resources Commission to levy a minimum civil assessment $350.00 and higher against all violations of this type depending upon the damage to the resources. If restoration is not undertaken or satisfactorily completed, a substantially higher civil assessment will be levied and an injunction sought to require restoration. JAN 2 4 2008 Morehead Gly OlsM 127 Cardinal Drive Ext., Wilmington, North Carolina 28405-3845 Phone: (910) 796-7215\ FAX: 910-395-3964 \ Internet: www.nccoastalmanagement.net An Equal Opportunity \ Affirmative Action Employer — 50% Recycled \ 10% Post Consumer Paper DCM ENFO Field Rep. LPO LPI Violation Descript'on Initial Discovery Date Respondent Inform tion Respondent Name(s) Address Pax «0;1 CEMENT TRACKING REPORT Is u r Violation Base No. �1 (JI �� U) A 8 C D Violated Permit No. (i(applicable) Prior Method City . t Was activity permitta Yes / I Phone#_'MI) Fax# V Email Violation Type: Project Type: - Authorizations Required: Site Visits Respondent Site Visits Respondent No Permit r PrivatelCommunity Major g CAMA \�Pres@nt Present Permit Condition Govt.IPublic Minor _ D&F L Expired Permit Commercial General - — [I Inconsistent wl Rules Violation Location and Site Description tilpl , ►jh Rover File _ Q Project Location: County._ ' V�(.YV iYA� Shoreline Length _��� Street Address/ State R ad/ Lot #(s) r��1�1ei_� $AV: Not Sure Yes No Sandbags: Noc Sure Yes Co fa 4 PNA: Yes No Adjacent Subdivision C%10 1'll',lW1P \CfA �l'I `-,iCji,� � City f ZIP QRW: Yes E. , Adjacent ..Grit. Hab. Yes No Phone # (._) Riv r Basin Photos es No Adj. Wtr. Body n h Waiver Required . No '7 Closest Maj. Wtr. Body HM4 V In DWQ Buffer Area yes Specify DWQ Buffer if applicable: Restoration i U NOV Date CNOV Date Penalty Assessment Sent to Respondent Date Rcvd. by Dist. Assessment Exten Gu vs1'ea u Ft'1l U i 5' I1 I Dg a� Q Extension Granted Initial Req. Co��S�D��ate f Date Comp. Observed u�+fig Restoration Letter Acceptance Date App./Permit Fee JAN 2 4 2008 I Other Morehead City DCM Yes No 7J.0409 Ref. , Recomm. Assess. DCM Assess. $ $ $ s I$ $ $ Total •: r Formal Assessments, Appeals and Reductions Date Long Form Submitted Date Formal CPA Submitted Assessment Appealed Yes No Final Assessment S- — ar=--- _� Penalty modified Attorney General's Office for Injunction or Formal Collection Date sent to AG — �— Respondant not responsive to penaltylNOV _ Injunction to complete restoration Date Collection Let. Sent Date Demand Let. Sent Violation Activities and Impacts AECs Af ed: CW EW PTA ES PTS OEA HHF IH _ PWS: FC: Other: -------------- Restoration Required by the Respondent No es Dimensions in excess �1u4 Av�+� I� Wetlands Impacted? Yes / No Eyes, 1fiV SA ® Cl SY 1R SC © IF BF 404 TY 'o(permit/ unauthorized activities; .Dimensions to restore Final dimensions Development Activities allowed NOTES: Closing Payment Received Date Case Closed Actually restored f' M ARA.. NCDENR North Carolina Department of Environment and Natural Resources° Division of Coastal Management Michael F. Easley, Governor James H. Gregson, Director William G. Ross NOTICE OF VIOLATION January 10, 2008 CERTIFIED MAIL 7007 0220 8224 6819 RETURN RECEIPT REQUESTED Derek Wright C/o Jon Joyner P.O. Box 1237 Wilmington, NC 28402 RE: NOTICE OF VIOLATION AND REQUEST TO CEASE UNAUTHORIZED DEVELOPMENT CAMAWOLATION#08-01D 1U V `i c" Dear Mr. Wright: )o`t�^` \C 0 This letter confirms that on January 7, 2008, Robb Mairs, DC tative, Brandon Quatman, and Colleen Murtaugh, New Hanover County Permitting Officers, Ma Westendorff, La Management Group, Inc. and I were onsite at your property located at 7227 Masonboro So nt to Hewletts Creek located in or near Wilmington, off Masonboro Sound Rd., New Hanover County, North Carolina. The purpose of the visit was to verify the coastal wetland lin minor permit application 07-080. During this site visit it was determined that an area of coastal wetlands wa 6pacted uring recent mechanical clearing of the property. 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. I have information that indicates you have undertaken or are legally responsible for the un uthorized developme t of approximately 136 square feet of coastal wetlands on the aforementioned property. This ac ivi in the Coastal Wetland and Estuarine Shoreline AECs that are contiguous with Hewletts Creek. Coastal Wetland and Estuarine Shoreline AEC areas are designated as Areas of Environmental Concern (AEC). Hewletts Creek is also designated as a Primary Nursery Area (PNA). 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 unauthorized activities 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 (N.C.G.S.113A-126). It is the policy of the Coastal Resources Commission to levy a minimum civil assessment of $350 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 127 Cardinal Drive Ext., Wilmington, North Carolina 28405-3845 Phone: (910) 796-7215\ FAX: 910-395-3964 \ Internet: www.nccoastalmanagement.net An Equal Opportunity \ Affirmative Action Employer — 50% Recycled\ 10%Post Consumer Paper Wti"*' &'V5 £KL Mr. Wright January 10, 2008 Page 2 of 3 on several factors, including the nature and area of the resources that were affected and the ext nt of the damage to them. �7 rvl 5 cte g ' fBased upon the North Carolina Administrative Code, Title 15A, Subchapt "r 07H. State Guidelines for Areas of Environmental Concern, the activity you have undertaken, unauthorized daw ent of coastal wetlands in the lak/ Estuarine Shoreline AEC(ninr 'ot consistent with Section 15A NCAC,07J.0201 hich states that every person I/3 -u5C4) wishing to undertake anyevelopment in an AEC shall obtain a permit fr the Department. Therefore, I am requesting that the areaored to the natural grade and verification be obtained from the Army Corps of Engineers that there were not any unauthorized §404 wetland impacts on your property. Please refer to the enclosed Restoration Agreement. 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. 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. 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) 796-7215. 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, Tara Croft Coastal Management Representative Cc: Steven H. Everhart, PhD, District Manager, DCM Roy Brownlow, Compliance Coordinator, DCM Jennifer Frye- ACOE Brandon Quatman - LPO Wilmington Files ENCLOSURE 127 Cardinal Drive Ext., Wilmington, North Carolina 28405-3845 Phone: (910) 796-7215\ FAX: 910-395-3964 \ Internet: www.necoastalmanagement.net An Equal Opportunity \ Affirmative Action Employer — 50%Recycled \ 10%Post Consumer Paper Mr. Wright January 10, 2008 Page 3of3 RESTORATION PLAN For Derek Wright Property CAMA Violation No. 08-01 D Property located at 7227 Masonboro Sound Rd, New Hanover County 1. Restore the 136 ftz impacted coastal wetland area to the natural grade using hand tools such as rakes and shovels. / N }Provide documentation from the Army Corps of Engineers (Jennifer Frye - 251-4923) stating that they have no objections to the development activities that have occurred to date at the property located at 7227 Masonboro Sound Road, New Hanover County, North Carolina. l �('N57' l L q0� '1 k 1 ,lK7U�� I, Derek Wright, agree to complete this restoration to the satisfaction of the Division of Coastal Management (DCM) by February 10, 2008 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: DATE: It is the policy of the Coastal Resources Commission to levy a minimum civil assessment $350 and higher against all violations of this type depending upon the damage to the resources. 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 DriveExt., Wilmington, North Carolina 28405-3845 Phone: (910) 796-7215\ FAX: 910-395-3964 \ Internet: www.nccoastalmanagement.net An Equal Opportunity \ Affirmative Action Employer — 50% Recycled\ 10% Post Consumer Paper DCM ENFO Field Rep. LPO LPl S Violation Descript Initial Discovery Date \ � A� WWI; � � D CEMENT TRACKIMb1 h'�_'PORT Isiugr Vid1SL1pF1'BbS "" p\/ A B C l/ Violated Permit No. (ir applkable) Method Respondent Information 1 1 Prior Viol ns i same AEC: Yes I Respondent Names) UYt� V Y IA](J� D i W_ Address. �t R Y� City rvitr al 10 Phone #_ l�! r�lnd—baba-—Fax# Email as activity permittable?. Yi p,nc Ylf1 � ( o -Case umber ;'. ( ndow rl gent c State Zip Violation Type: Project Type: Authorizations Required: Site Visits Respondent Site Visits Respondent No Permit r L Private/Community %Major A `�Pres@nt Present ,—! Permit Condition - Govt./Public - Minor — R&F*4�--YY}} Expired Permit - Commercial - General — (�,� r Inconsistent w/Rules Violation Location and Site Description 5-ta ti ytle1 11� Rover File_ Project Location: County _ -K YV dL + r Shoreline Length _Y, Street Address/ State R ad/ Lot #(s) JoSAV: Not Sure Yes No Sandbags: No[Sure Yes No p `, PNA: Yes No Adjacent Subdivision LIVD - ��1CA�A,� � j City_ `�•���1 [ _.ZIP �. ORW: Yes No Adjacent Cri[. Hab. Ya No 1A6VSU,,YZ Phone # (_). Riv r Basin Photos a No Adj. Wtr. Body _ n nk Waiver Required No Closest Maj, Wtr. Body ! r s V�Y V In DWQ Buffer Area Yes Specify DWQ Buffer if applicable: Restoration Extension Granted Yes No� NOV Date U Initial Req. Comp. Date r7 /9 D CNOV Date .— Date Comp. Observed Restoration Letter Acceptance Date Penalty Assessment 71.0409 Ref. Recomm. Assess. DCM Assess. Sent to Respondent Date App./Permit Fee $ S Rcvd. by Dist. Mgr. Date Penalty T� $ 1 L S Assessment Extended Yes No I Willfullintent. S ! S Continuing S E Other $ $ Total