15-19D Stewart

Coastal Management
ENVIRONMENTAL QUALITY
April 26, 2016
CERTIFIED MAIL 70110110 0000 3789 2273
RETURN RECEIPT REQUESTED
Daniel and Pam Stewart
420 Mills Road
Goldsboro, NC 27530
RE: RE., NOTICE OF FAILURE TO APPLY FOR CAMA PERMIT
Case #15-19D
Dear Mr. and Mrs. Stewart:
PAT MCCRORY
Goveroor
DONALD R. VAN DER VAART
Secremry
BRAXTON DAVIS
Director
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This letter takes precedence over the previous Notice of Violation (NOV) sent to you dated December 9,
2015. This letter confirms that on November 17, 2015, Jason Dail, Field representative for the Division of
Coastal Management, was onsite at your property located at 7 and 8 Sailview Drive, adjacent to Stump Sound
located in or near North Topsail Beach, in Onslow County, North Carolina. The purpose of the visit was to
investigate unauthorized development consisting of grading and clearing land adjacent to Stump Sound.
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 Environmental Quality. This requirement is imposed by North
Carolina General Statute (N.C.G.S.) 11 3A-1 18.
1 have information that indicates you have undertaken or are legally responsible for land disturbing activities
(specifically, the clearing and grading of a land/water area measuring approximately 155' x 165' (25,575
square feet) which consists of both upland areas and '404" type wetlands), on the aforementioned properties.
This activity took place within the Coastal Shoreline Area of Environmental Concern (AEC) contiguous to
waters classified by the NC Division of Water Resources as Outstanding Resource Waters (ORW). The
Coastal Shoreline AEC in this area of Stump Sound is measured a distance of 575-feet landward from the
normal/mean high water level. No CAMA pennit was issued to you for work in this 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.
RECEIVED
MAY 022016
i/'Nothtng Compares DC M— M H D CITY
State of Noah Carolina I Eavrtoameatel Quality I Coastal Management
127 Cerdmal Drive Ext., Wilmington, NC 28405
910-796-7215

Daniel and Pam Stewart
April 26, 2016
Page Two
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.
Based on April 19, 2016 correspondence from Mr. Brad Shaver with the US Army Corps of Engineers
(USACE) indicating that the Corps is closing this case with no further action, there will be no assessment
levied against you. However, if you continue to violate the Coastal Area Management Act, you should
consider yourself forewarned and expect a civil penalty to be levied against you consistent with the North
Carolina Administrative Code, Title 15A, Subchapter 7J, Section .0409, as adopted by the Coastal Resources
Commission.
Thank you for your time and cooperation in resolving this important matter. 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.
Sincerely,
12azra`�.cPherson
Coastal Management Representative
Cc: Debra Wilson, DCM
Roy Brownlow, DCM
Brad Shaver, USACE
Joanne Steenhuis, DWR
Deb Hill, Town of North Topsail Beach, 2008 Loggerhead Ct., North Topsail Beach, NC
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Coastal Management
ENVIRONMENTAL QUALITY
NOTICE OF VIOLATION
December 9, 2015
CERTIFIED MAIL 7007 0220 0000 8224 5218
RETURN RECEIPT REQUESTED
Daniel and Pam Stewart
420 Mills Road
Goldsboro, NC 27530
PAT MCCRORY 09).
Gommor
DONALD R. VAN DER VAART
Secretary
BRAXTON DAVIS
Director
RE: NOTICE OF VIOLATION AND REQUEST TO CEASE UNAUTHORIZED DEVELOPMENT
CAMA VIOLATION #15-19D
Dear Mr. and Mrs. Stewart:
This letter confirms that on November 17, 2015, 1 was onsite at your property located at 7 and 8 Sailview
Drive, adjacent to Stump Sound located in or near North Topsail Beach, in Onslow County, North Carolina.
The purpose of the visit was to investigate unauthorized development consisting of grading and clearing land
adjacent to Stump Sound.
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.) 11 3A-1 18.
I have information that indicates you have undertaken or are legally responsible for land disturbing activities
(specifically, the clearing and grading of a land/water area measuring approximately 155' x 165' (25,575
square feet) which consists of both upland areas and "404" type wetlands), on the aforementioned properties.
This activity took place within the Coastal Shoreline Area of Environmental Concern (AEC) contiguous to
waters classified by the NC Division of Water Resources as Outstanding Resource Waters (ORW). The
Coastal Shoreline AEC in this area of Stump Sound is measured a distance of 575-feet landward from the
normal/mean high water level. No CAMA permit was issued to you for work in this 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.
RECEIVED
DEC 1 1 2015
Nothing Compares.._
Sure of North Carolina I Environmental Quality I Coastal Management D li M - M Fi D CITY
127 Cardinal Driw FxL, Wilmington, NC 28405
910-796-7215

Daniel and Pam Stewart
December 9, 2015
Page Two
I request that you immediately CEASE AND DESIST any further development and contact me about this
matter. 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
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. 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.
Based upon the North Carolina Administrative Code, Title 15A, Subchapter 07H. State Guidelines for Areas
of Environmental Concern, the activity you have undertaken by performing unauthorized land disturbing
activities (clear, grading and land alteration) along high ground and within "404" type wetlands in the Estuarine
Shore AEC contiguous with Stump Sound (ORM, is inconsistent with Section 15A NCAC 07J .0201, which
states "After March 1,1978, everyperson wishing to undertake any development in an area of environmental
concern shall obtain a permit from the Department, in the case of a major development or dredge and fill
permit, or from the local permit officer, in the case of a minor development permit, unless such development
is exempted by the Commission". Therefore, I am requesting that you provide the following:
1) Provide documentation from the U.S. Army Corp of Engineers (USACE) stating that they have no
objection to the unauthorized land disturbing activities that occurred at 7 & 8 Sailview Drive, North
Topsail Beach, NC. If a statement of no objection cannot be obtained and restoration is required,
DCM will require a restoration acceptance letter from the USACE. The USACE contact person is Mr.
Brad Shaver at (910) 2514611.
2) Provide documentation from the Division of Water Resources (DWR) stating that they have no
objection to the unauthorized land disturbing activities that occurred at 7 & 8 Sailview Drive, North
Topsail Beach, NC. If a statement of no objection cannot be obtained and restoration is required,
DCM will require a restoration acceptance letter from the DWR. The DWR contact person is Ms.
Joanne Steenhuis at [phone].
RECEIVED
DEC 11 2015
DCM- MHD CITY

Daniel and Pam Stewart
December 9, 2015
Page Three
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.
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 [phone]. 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, 1;�V
J on Dail
oastal Management Representative
Cc: Debra Wilson, DCM
Roy Brownlow, DCM
Brad Shaver, USACE
Joanne Steenhuis, DWR
Deb Hill, Town of North Topsail Beach, 2008 Loggerhead Ct., North Topsail Beach, NC
RECEIVED
DEC 1 1 2015
DCM- MHD CITY

RESTORATION PLAN
For
Daniel and Pam Stewart Property
CAMA Violation No. 15-19D
Property located at 7 & 8 Sailview Drive, Onslow County
1) Provide documentation from the U.S. Army Corp of Engineers (USACE) stating that they have no objection
to the unauthorized land disturbing activities that occurred at 7 & 8 Sailview Drive, North Topsail Beach, NC.
If a statement of no objection cannot be obtained and restoration is required, DCM will require a restoration
acceptance letter from the USACE. The USACE contact person is Mr. Brad Shaver at (910) 2514611.
2) Provide documentation from the Division of Water Resources (DWR) stating that they have no objection to
the unauthorized land disturbing activities that occurred at 7 & 8 Sailview Drive, North Topsail Beach, NC. If
a statement of no objection cannot be obtained and restoration is required, DCM will require a restoration
acceptance letter from the DWR. The DWR contact person is Ms. Joanne Steenhuis at [phone].
I, Daniel Stewart, agree to comply with the restoration request presented in the Notice of Violation.
I agree to complete this restoration to the satisfaction of the Division of Coastal Management (DCM) by January 9,
2016, 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 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
extent 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.
RECEIVED
DEC 11 2015
DCM- MHD CITY

DCM ENFORCEMENT TRACKING REPORT
1 s u
Rep. V \
Aanc Rep. V
Violation Description
Initial Discovery Date w
Violation Description ..r_
Respondent Name($)
Discovery Method
Violation Case No. 1,-
Permit
(if applicable)
Was activity pennittable? Yes / No
. _
State
�,� Zip 'A
Violation Type: Project Type: Authorizations Required. Site Visits Respondent Site Visits Respondent
Present Present
Po Permlt vate/Community ItAlMajor CAMA 11i. �Q ❑
ermit Condition ovt./Public Minor D&F ❑
D` Expired Permit Commercial fl General
Inconsistent w/ Rules Tier Level: I II III
Violation Location and Site
Project Location: County I
Street Address/ State Road/ Lot #(a)
']4F) Vna1�1�t
Phone # ( _)
Adj. Wtr. Body
Closest Mal. Wtr. Body
NOV Date
CNOV Date
Penalty Assessment
Sent to Respondent Date
River
Rcvd. by Dist. Mgr. Date
Assessment Extended Yes No
Initial Req. Comp. Date
Date Comp. Observed
App./Permit Fee
Penalty
Willfulllntent.
Continuing
Shoreline Length
SAV: Not Sure
Yes
No
Sandbags: Not Sure
Yes
No
RNA:
Yes
No
ARE EIVED
ORW:
Yes
No
Adjacent
Crit. Hab.
Yes
No
D C 11 2015
Photos
Yes
No
Waiver Required
Yes
No
D — M H D C IT'
IInnDWQBuffer Area
Yes
No
sp Z1e y' .Q�VQ Buffer If applicable:
Extension Granted Yes No
Restoration Letter
Acceptance Date
7J.040ERef.
Assess.
DCM Assess.
F$Recomm.
$
$
is
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
Date Collection Letter Sent
Violation Activities and Impacts
AECs Affected:
CW EW
PTA ES
OFA HHF
IH
PWS:
FC:
Other:
Restoration Required by the Respondent
Respondent not responsive to penalty/NOV Injunction to complete restoration
Date Demand Letter Sent
Wetlands Impacterl,7'/ No
PTS �/i
N/A SA DS CJ SY JR
SS SC SP IF BF
Yes / No
If yes, which types:
LS TY
Dimensions in excess
of permit/ unauthorized activities
Dimensions to restore
Final dimensions
allowed
Actually restored
Development Activities-
� � r
9
Habitat Description
NOTES.
DEC 1 1 2015
HD CITY
Closing
Payment Received $ Date Date Case Closed