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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.
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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
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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