08-14D Windchase Subdivision HOA

U.
NCDENR
North Carolina Department of Environment and Natural
Division of Coastal Management
Michael F. Easley, Governor James H. Gregson, Director
Resources
William G. Ross Jr., Secretary
March 17, 2008
Windchase Subdivision HOA�I� f'
C/O Stuart Point v
300 Windchase Lane MAR 2 0 2008
Wilmington, NC 28409
RE: Closure Letter—Windchase Subdivision Moreh Ra.0 City CCIVM
Payment of Proposed Penalty for Violations of the Coastal Area Management Act,
Committed in New Hanover County
CAMA Violation #08-14D
Dear Mr. Point::
This letter will acknowledge receipt of your check #6506, dated March 11, 2008, in the amount
of $500.00. 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.
X
ly,
Steven H. Everhart, PhD
District Manager
SHE/dpl
cc:
Roy Brownlow, Compliance Coordinator
WIRO File Copy
127 Cardinal Drive Extension, Wilmington, NC 28405
Phone: [phone] \ FAX: [phone] \ Internet: www.nccoastalmanagement.net
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Windchase Subdivision HOA
C/o Stuart Point
Page Three
CAMA VIOLATION 008-14D
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 $500 against me for violation of the Coastal Area Management
Act, NCGS 113A-100 et se , committed on or near property located at the terminal end of Windchase Lane at
the Windchase HOA's community marina facility, adjacent to the AIW W/Masonboro Sound, 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 letter dated February 15, 2008, and
agree to have paid the proposed civil assessment of $500.
3 %d 0y
D TE
SIGNATURE / 1
ADD �inc�Ch���e C�2.
ADDRESS
TELEPHONE NUMBER
RECEN ' E
MAR 14 2008
DCM WILMINGTON, NC
127 Cardinal Drive Ext., Wilmington, North Carolina 28405-3845
Phone: [phone] \ FAX: [phone] \ Internet: www,nccoastalmanagement.net
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M
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
March 5, 2008
CERTIFIED MAIL 7007 0220 0000 8224 6420
Windchase Subdivision HOA
C/o Stuart Point
300 Windchase Lane
Wilmington, N.C. 28409
RE. CAMA VIOLATION #08-I4 D
Dear Mr. Point
This letter is in reference to the Notice of Violation dated February 15, 2008 that Robb Mairs, Field
Representative for the Division of Coastal Management, issued to you for major development located at
property located at the terminal end of Windchase Lane, adjacent to the Atlantic Intracoastal Waterway
(AIW W) and Masonboro Sound, New Hanover County, North Carolina. The violation involved unauthorized
installation of double -bunk boatlifts with the AIWW/Masonboro Sound, which was located within Public
Trust Areas and Estuarine Waters that are contiguous with the waters of the Atlantic Intracoastal
Waterway/Masonboro Sound.
Based upon review of the Coastal Area Management Act, Coastal Resource Commission's rules, and the local
jurisdiction's Land Use Plan, the activity you have undertaken appears consistent with the guidelines for
Areas of Environmental Concern. Therefore, restoration of the impacted area was not requested in the Notice
of Violation. Further, Robb Mairs conducted a site visit on March 4, 2008 by your request and determined.
that the boatlifts of interests were brought into compliance.
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.
At the time this investigation began, it was the policy of the Coastal Resource Commission, a proposed civil
penalty, in the amount of $500 is appropriate for this violation. By accepting responsibility for the violation,
and in order to further resolve this matter, you must: (1) sign one of the attached copies of an "Agreement to
Pay Civil Assessment;" and, (2) return the signed agreement 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.
127 Cardinal Drive Ext., Wilmington, North Carolina 28405-3845
Phone: [phone] \ FAX: [phone] \ Internet: www.nccoastalmanagement.net
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Windchase Subdivision HOA
C/o Stuart Point
Page Two
If you do not send a signed agreement and 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.
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 [phone].
Sincerely,
Steven Everhart, Ph.D., District Manager
Division of Coastal Management
Enclosure
cc: Roy Brownlow, Compliance Coordinator, DCM
Robb Mairs, Coastal Management Representative, DCM
Ann Hines, LPO, New Hanover County
127 Cardinal Drive Ext., Wilmington, North Carolina 29405.3845
Phone: [phone] \ FAX: [phone] \ Internet: www,nocoastalmanagement.net
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" Windchase Subdivision HOA
C/o Stuart Point
�1 Page Three
CAMA VIOLATION #08-14D
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 $500 against me for violation of the Coastal Area Management
Act, NCGS 113A-100 et seMc , committed on or near property located at the terminal end of Windchase Lane at
the Windchase HOA's community marina facility, adjacent to the AIW W/Masonboro Sound, 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 letter dated February 15, 2008, and
agree to have paid the proposed civil assessment of $500.
DATE
SIGNATURE
ADDRESS
TELEPHONE NUMBER
127 Cardinal Drive Ext., Wilmington, North Carolina 28405-3845
Phone: [phone] FAX: [phone]Internet: www.nccoastalmanagement.net
An Equal Opportunity 1 Affirmative Action Employer- 50% Recycled 110% Post Consumer Paper

:1
Y
r
DCM ENFORCEMENT TRACKING REPORT
Field Rep. ✓ C 7 Issuer Violation Base No. f `/
LPO A B C D
LPl Violated Permit No.
Lei ::ra._1
Violation Descriprion" Was activity permitta le? / No
Initial Discovery Date ` 3 O Discovery Method 4PAIS;'A /11 ✓ Lf f . A
Violation Description pp
Respondent Information Prior Violations in same AEC: Yes I o Case Number --.-,.en •.'; :i;.401
Respondent Name(s) �1% �� ,tt &-e C� � ��b stew I1 � (Landowner Contractors)
Address 300 � &s_Il W 2-.7 City AAI Stateve- zip -zg .
Phone # Fax #
Email
Violation Type: Project Type: Authorizations Required: Site Visits Respondent Site Visits Respondent
F�No Permit - I _ rivatelCommunity ! ✓<ajcr
Present Present
1 i
Permit Condition Govt.JPublic Minor U D&F
I —;Expired Permit r, Commercial ! General �I
L Inconsistent w/ Rules iED
Violation Location and Site Description
Rover File
Project Location: County ye .
i
Shoreline Length Z.CG
Street Address/ State Road/ Lot #(s)
SAV: cfotSure Yes
No .�
Sandbags: Not Sure Yes
4
-A _
Subdivision - �Y��
PNA: ®
No Adjacent
City ZIP Z.� (�
ORW: �
No Adjacent
..
C�a �
Crit. Hab. Ya
Phone # (_) River Ba in 7�
Photos ®
No .
�_
Adj. Wtr. Body /n� ebe w `j yt W {�( Igrkn)_
Waiver Required Ye�
Closest Maj. Wtr. Body ✓ ll"o 4+N'0 .SO
In DWQ Buffer Area Yes
dD
Specify'DWQ Buffer if applicable:
Restoration
Extension Granted
Yes No
NOV Date/�S Initial Req. Comp. Date
Restoration Letter
CNOV Date _ _ Date Comp. Observed
Acceptance Date
Penalty Assessment I
Sent to Respondent Date ls�
Rcvd by DCM Date
Assessment Extended Yes No
7J.0409 Ref. I Recomm.
Assess. DCM Assess.
j App./Permit Fee I
is
$
Penalty
$
i $
Willfuillntent.
$
$
Continuing i
$
i $
Other j
j5
is
i
T •.t I
I

Formal Assessments, Appeals and Reductions �•
Date Long Form Submitted I Assessment Appealed Yes No
Final Assessment S ___ Date
Attorney General's Office for Injunction or Formal Collection
Date sent to AG ❑ Respondent not responsive to penaitylNOV LJ Injunction to complete restoration
Date Collection Let. Sent Date Demand Let. Sent
Violation Activities and Impacts
AECs Affected: Wetlands Impacted? Yes / No If yes, which types:
CW EW PTA ES PTS
OEA HHF IH SA DS Cl SY - 1R LS TY.
SS SC SP- IF BF 404
PWS; FC:
Other: -
Restoration Required by the Respondent Yes I No
Dimensions in excess ' I Fin.! dine.^si !
! Dimensions to restore Actually restorea .'
I of permit/ unauthorized activities; a l l o w etl j
Develooment Activities i I
Habitat Desc
r
NOTES;
I
Closing
Payment Received S___ —_mate — Date Case Closed

NCDENR
North Carolina Department of Environment and
Natural R*KKces FFB 2 0 ?008
Division of Coastal Management reheaa
Michael F. Easley, Governor James H. Gregson, Director William G. Ross Jr., Sect ,41
NOTICE OF VIOLATION
February 15, 2008
CERTIFIED MAIL 7007 0220 0000 8224 6314
RETURN RECEIPT REQUESTED
Windchase Subdivision HOA
C/o Stuart Point
300 Windchase Lane
Wilmington, NC 28409
RE: NOTICE OF VIOLATION AND REQUEST TO CEASE UNAUTHORIZED DEVELOPMENT
CAMA VIOLATION #08.14 D
Dear Mr. Point:
This letter confirms that on January 3, 2008, January 29, 2008 and February 7, 2008, 1 was onsite at your
community marina property located at the terminal end of Windchase Lane adjacent to the Atlantic
Intracoastal Waterway (AIWW) and Masonboro Sound located in Wilmington, off Masonboro Sound Road,
New Hanover County, North Carolina. The purpose of the visit was to investigate unauthorized
development of the installation of double -bunk boatlifts within the AIWW/Masonboro Sound. This letter also
follows our 2/1112008 and 2115/08 telephone conversation.
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 unauthorized
installation of six (6) double -bunk boatlifts within existing docking slips on the aforementioned property.
There are 14 authorized docking slips within this facility and the installation of the six double bunk boatlifts
increases the number of docking slips to 20, thus exceeding the authorized number of slips. This activity
took place in Public Trust Areas and Estuarine Waters that are contiguous with the AIWWIMasonboro.
Public Trust Areas and Estuarine Waters areas are designated as Areas of Environmental Concern (AEC).
No permit was issued to you for work in this area. Based on these findings, I am initiating an enforcement
action by issuing this Notice of Violation for violation of the Coastal Area Management Act.
I request that you immediately CEASE AND DESIST any further unauthorized activities within designated
Areas of Environmental Concern. At the time this investigation began, 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
127 Cardinal Drive Ext., Wilmington, North Carolina 28405-3845
Phone: [phone] FAX: [phone] Internet: www.nccoastalmanagement.net
An Equal Opportunity 1 Affirmative Action Employer— 50% Recycled 110% Post Consumer Paper

Windchase Subdivision HOA
C/o Stuart Point
February 15, 2008
Page 2 of 2
or repeated may constitute a separate violation that is subject to an additional assessment of up to $2,500.
An ctiorror-crimindl penalty-may-atsvbe-soughtto-enforoeany viotatiarrtw.OG.S 11-3A 126).
At the time this investigation began, it was the policy of the Coastal Resources Commission to levy a
minimum civil assessment of $250 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
rocn urroc Whether a h'nho d
. .,� t-fae#erg-ine-tuff'sg Lh-�„e-naL rmture-a
area of the resources that were affected and the extent of the damage to them.
Based upon review of the Coastal Area Management Act, Coastal Resource Commission's rules, and the
local jurisdiction's Land Use Plan, the activity you have undertaken appears consistent with the guidelines
for Areas of Environmental Concern. Therefore, restoration of the impacted area is not requested at this
time. Please be advised that this determination only applies to the activity described herein. Any other work
or development you propose within the Estuarine Waters and Public Trust Areas will require an evaluation
by this office for any CAMA Permit requirements before beginning work.
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 [phone]. Upon my submission of an enforcement
report to the District Manager, you will be notified as to the amount of a civil assessment for undertaking
development without first obtaining the proper permit(s).
The relevant statutes and regulations are available from this office, and I am willing to assist you in
complying with the requirements of these laws. A site inspection will be made in the near future to
determine whether this REQUEST TO CEASE AND DESIST has been complied with. I request that you
contact me immediately about these important matters.
Sincerely,
Robb Mairs
Coastal Management Representative
Cc: Ted Tyndall, Assistant Director, DCM
Steven Everhart, Ph.D., District Manager, DCM
Roy Brownlow, Compliance Coordinator, DCM
Dave Timpy, USACOE
ENCLOSURE
127 Cardinal Drive Ext., Wilmington, North Carolina 28405-3845
Phone: [phone] FAX: [phone] Internet: www.nccoastalmanagement.net
An Equal Opportunity 1 rimiative Action Employer— 50% Recycled 110% Post Consumer Paper

s
FEB 2 0 2008
DCM ENFORCEMENT TRACKING REPORT
�1 field Rep. f Issuer Violation Base No. )299JQ�y DCty�
LPO A B C
LPJ Vi6-ad Permit No.
Violation Descri
P ton Was activity permitta le? ! No
Initial Discovery Date _ 1/3 o Discovery Method �tJr;A /1✓&ft
Violation Description
�:�ifl�,�M s�r�6�•���. �ax�Tlt`Ffs .
Respondent Information Prior Violations in same AEC: Yes / o Case Number -01
Respondent Name(s) 30) %4) rr �+ttie FIJD.4 G1b <�`4RP 1 (LandIbr
owner en Contactor,)p Address e "%±k�.gfA �. City ��'t State,ue_ Zip-ZSj'_/
Phone # Fax #
Email
Violation Type:
C#0"No Permit
Permit Condition
1. Expired Permit
`I Inconsistent wl Rules
Project Type:
_ rivatelCommunity
r:.
`; Govt.IPublic
Commercial
Authorizations Required:
!�✓I�Cr i�A
Minor a D&F
General
Site Visits Respondent
Present
—i
�i
l)
Site Visits Respondent
Present
i;
li
Violation Location and Site Description
Project Location: County Y4w1(("00
-
Rover File , 7.
Shoreline Length
0 .
Street Address/ Stale Road/ Lot # (s) _
SAV: cilt Sure Yes
No
Sandbags: Not Sure Yes
4
Subdivision
PNA: ®
No Adjacent
City I&% Zip ZCyO �_
ORW:
No Adjacent
Phone # (_) River Ba in _ f=/
Crit. Hab. Ye
Photos ®
No
Adj. Wtr. Body! � & &" -s W10V( (n�acl/rd�ij/�nknL
Waiver Required Yes
0
Closest Maj. Wtr. Body ✓yl"'o av •O SO
In DWO Buffer Area Yes
40
Specify DWO Buffer if applicable:
Restoration
NOV Date "Z /'S `kr Initial Req, Comp. Date
Extension Granted
Yes No
CNOV Date
Penalty Assessment
Sent to Respondent Date
Rcvd by DCM Date
Assessment Extended Yes
No
Date Comp. Observed
Restoration Letter
Acceptance Date
71.0409 Ref. I Recomm. Assess.
DCM Assess. I
App./Permit Fee li
I $ !
$
Penalty
i
Willfullintent. i
$
{S
j Continuing i
$
! g
OtherIS
Total

I
e et
Formal Assessments, Appeals and Reductions
Date Long Form Submitted Assessment Appealed Yes No
� '' Pena::, ::,di;jed
Final Assessmant S _ Date
Attorney General's Office for Injunction or Formal Collection
Date sent to AG ❑ Respondant not responsive to penaltyINOV Injunction to complete restoration
Date Collection Let. Sent Date Demand Let. Sent
Violation Activities and Impacts
AECs Affected: Wetlands Impacted? Yes I No If yes, which types:
CW EW PTA ES PTS
OEA • HHF IH + SA DS Cl SY 1R LS TY
SS SC SP IF BF 404
PWS: FC:
Other:
Restoration Required by the Respondent Yes / No
Dimensions in excess ' I Fina! H_i:^.e.^s!^_ns '
Dimensions to restore Actually rescoree
of permit/ unauthorized activities allowed 'f.
Develooment Activities I I
NOTES;
Closing
Payment Received S_— —_mate — Date Case Closed