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HomeMy WebLinkAbout05-34D Blue Moon Development Co.19-May-05 NC DIVISION OF COASTAL MANAGEMENT ENFORCEMENT RECORD (CASE STATUS - CASE NUMBER LAST NAME FIRST NAME BUSINESS NAME. —�I 05-34D HOBBS MICHAEL IBLUE MOON DEVELOPMENT CO. CASE IS CLOSED NOV DATE CLOSURE DATE AFFULIATION SECTOR Previous Violations in Same AEC CONTRACTOR COMMERCIAL for Similar Activities 5/11/2005 F_ MAILING ADDRESS CITY STATE POB 668 SHALLOTTE NC PROPERTY ADDRESS COMMUNITY 979 OCEAN BLVD WEST HOLDEN BEACH ZIP CODE PHONE NUMBER 28549- F_ WATERBODY NEAREST ROAD ATLANTIC OCEAN F— DISTRICT OFFICE COUNTY DCM REPRESENTATIVE LPO CONTACT WIRO IBELLIS JR. WOOTEN VIOLATION TYPE AFFECTED AEC(SrQ El CW ❑ EW ❑ PTA El ES ElPTS MINOR CAMA j [] OEA ❑ HHFA ❑ IHA ❑ PWS ❑ NCRA NATURE OF VIOLATION AEC DESCRIPTION Ized minor development by installing a swimming to the Atlantic Ocean. RESTORATION STATUS Li -_! RESTORATION NOT REQUIRED - CONTRACTOR !-/. RESTORATION NOT REQUIRED - PERMITTABLE DEVELOPMENT RESTORATION NOT REQUIRED - FURTHER IMPACTS RESTORATION PENDING �- PENALTYSTATUVS ---- ".-I PENALTY ISSUED i PENALTY NOT ISSUED CONRACTOR'S FIRST OFFENSE i I wood decking around the pool within the OE AEC RESTORATION REQUEST DATE COMPLETION DATE RESTORATION EXTENDED RESTORE DATE Fj DEADLINE F_ EXTENDED REFERRED TO AG'S OFFICE - COLLECTION REFERRED TO AG'S OFFICE - INJUNCTION ASSESSMENT DATE rPENALTY AMOUNT COLLECTION DATE AMOUNT COLLECTED I. + I1 ❑ WILLFUL INTENTIONAL PENALTY (MIN. OR DOUBLED) a CNOV ISSUED SETTLED, AGREED UPON, OR STIPULATED PENALTY J PENALTY APPEALED ❑ UNCOLLECTIBLE PENALTY Violations Involving Adversely Impacted Resources AMOUNT OF ADVERSELY DISTURBED AREA (SO. FT.) AMOUNT OF RESTORED AREA (SO. FT) F— NOTES Hobbs has priors: activity In the ES, CS AEC ❑ FORMAL CPA ISSUED ng ES, CW. FILE MEMORANDUM TO: ROY Kr OWNLOW; COMPLIANCE COORDINATCR FROM: M. TED TYNDALL, ASST. DIRECTOR SUBJECT: VIOLATION CASE CLOSURE RECOMMENDATIONS DATE: 02/01 /2012 CC: RONDA BENNETT Investigation has disclosed information that warrants discontinuation of enforcement action on the case listed below. Therefore, based upon staffs review and circumstances in this case, I hereby authorize closing/discontinuing CAMA Violation case No.: © �-- 3 q,� M. TED TYNDALL, Assistant Director 02/01 /2O12 Date NCDENR North Carolina Department of Environment and Natural Resources Division of Coastal Management Michael F. Easley, Governor Charles S. Jones, Director William G. Ross Jr., Secretary CERTIFIED MAIL RETURN RECEIPT REQUESTED Blue Moon Development Company Mr. Michael L. Hobbs P.O. Box 668 Shallotte, NC 28459 RE. CAMA VIOLATION #05-34D Dear Mr. Hobbs: 22 August 2005 D�, This letter is in reference to the Notice of Violation dated 11 May 2005 that Rhonda Wooten, Local Permit Officer for the Town of Holden Beach, issued to you for installing a pool and construction of wood decking at 979 Ocean Blvd, Brunswick County. The violation involved the Ocean Erodible Area, which is an Area of Environmental Concern designated by the Coastal Resources Commission. The Coastal Area Management Act provides that a civil assessment of up to $250.00 for each separate violation may be assessed. 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 Resource Commission, a proposed civil penalty in the amount of $50.00 is appropriate for this violation. You may expeditiously resolve this matter prior to the assessment of a formal civil penalty by accepting responsibility for the violation and paying the amount proposed above. In order to do this, you must: (1) sign one of the attached copies of an "Agreement to Pay Civil Assessment;" (2) attach a check or money order for $50.00 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. r 127 Cardinal Drive Ext., Wilmington, North Carolina 28405-3845 910-796-72151 FAX: 910-350-20041 Internet: www.nccoastalmanagement.net An Equal Opportunity \ Affirmative Action Employer— 50% Recycled 110% Post Consumer Paper Blue Moon Development Company Mr. Michael L. Hobbs 22 August 2005 Page 2 of 3 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) 796-7290. Sincerely, Jim Gregson, District Manager Division of Coastal Management Enclosure cc: Ted Tyndall, Assistant Director, DCM Roy Brownlow, Compliance Coordinator, DCM Rhonda Wooten, LPO, Town of Holden Beach 127 Cardinal Drive Ext., Wilmington, North Carolina 28405-3845 Phone: 910-796-7215 \ FAX: 910-350-2004 \ Internet: www.nccoastalmanagement.net An Equal Opportunity \ Aifirmative Action Employer— 50% Recycled \ 10% Post Consumer Paper Blue Moon Development Company Mr. Michael L. Hobbs 22 August 2005 Page 3 of 3 CAMA VIOLATION #05.34D Blue Moon Development Company Mr. Michael L. Hobbs 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 $50.00 against me for violation of the Coastal Area Management Act, NCGS 113A-100 et sent , committed on or near property located at 979 Ocean Blvd in Brunswick County, North Carolina. In order to resolve this matter with no further action or expense on my part, I accept responsibility for the violation as described in the Notice of Violation letter dated 11 May 2005, and agree to pay the proposed civil assessment of $50.00. DATE SIGNATURE ADDRESS TELEPHONE NUMBER 127 Cardinal Drive Ext., Wilmington, North Carolina 28405-3845 Phone: 910-796-72151 FAX: 910-350-20041 Internet: www.nccoastaimanagement.net An Equal Opportunity 1 Affirmative Action Employer —50% Recycled 110% Post Consumer Paper 1 _ ` �> ZEN ORE II11 PLANNING & INSPECTIONS DEPARTMENT Directory lawn Walker I Jawn@hbtownhall.wm CERTIFIED MAIL Assistant Inspector RETURN RECEIPT REQUESTED �Oi h 45 `J Rhonda Wooten rhonda@hbtownhall.mm Permits Administrator NOTICE OF VIOLATION $(y Cigy `''V% 0c , Heather Fahrer May 11, 2005 heather@hbtown hall:wm Blue Moon Development Co. — Michael Hobbs PO Box 668 5 _ 5-1 O Shallotte, NC 28459 RE: NOTICE OF CAMA VIOLATION - UNAUTHORIZED DEVELOPMENT CAMA MINOR VIOLATION #005-001 Dear Mr. Hobbs: This letter confirms that on May 5, 2005 I was onsite at the property located at 979 Ocean Boulevard West adjacent to the Atlantic Ocean located off of Ocean Boulevard West, in or near the Town of Holden Beach, Brunswick County, North Carolina. The purpose of the visit was to investigate an unauthorized development of installing a pool and construction of wood decking within the Ocean Erodible Area. Per our conversation this development could have been permitted, but you neglected to apply for or obtain a Minor CAMA permit prior to doing the work. Information gathered by me shows that you have undertaken minor development in violation of the Coastal Area Management Act. No person may undertake minor development in a designated Area of Environmental Concern without first obtaining a permit from the North Carolina Department of Environment and Natural Resources, North Carolina General Statutes (N.C.G.S.) 113A-118. I have information that you have undertaken, or are legally responsible for, minor development by installing a pool and wood decking around the pool on the aforementioned property. This activity took place in Ocean Erodible Area that is contiguous with the Atlantic Ocean. Ocean Erodible 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. It is the policy of the Coastal Resources Commission to assess a civil penalty against all violations of this type. This is done to recoup some of the costs of 110 ROTHSCHILD STREET • HOLDEN BEACH, NC 28462 • 910.842.6488 PHONE • 910-B42-9315 FAX www.hbtownhall.com investigating the violation and/or to compensate.the public for any damage to its natural resources. Thank you for your time and cooperation in resolving this important matter. 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 pemut(s). Sincerely, , Rhonda Wooten Local CAMA Permitting Officer Cc: Roy Brownlow, Compliance Coordinator, DCM Caroline Bellis, Division of Coastal Management U i b y SC'rF .. w y 4S�!44 4 ♦ •.YIb� F ftnY ^���, w+ 6 rini y .r��As xn t xI ��N*++`4 e,s•w r "�"' M+s. q __ �+" jyu i � e k`au� I.baup.4 6itii akur,v4 «h, h Y 4 V h Y• t �.V .X �{ x� fPxMLM1C fN i Vl Yb i' r,n_ iY .,+, n� d. _. (-,-D ff� DCM ENFORCEMENT REPORT (Use for Waivers) Permit #: Consultant: Case #: -Address Name:--�—�_�Q� Cit_v: � I i�iP State: Zip: _ate Phone #: Gi ldnod County' (�) Nearest Water Body: JL n State Plane X: LPO�CvAr, ( Or)A( n Locality� State Plane Y: Vio Descp: NOV Sent / / Violation: Major: Minor:V PermCond:_ UA1vL9: " - — Completed: ✓� / j / Restore: Requested: Ah k / na.) .� r. Estuarp: — Trst: _- Shoreline: -Z Ocean Hz: /L Ofher: _ Psi Nurs: _ ORNi Wetlands: SA: I DS: SS: TYPE (AEC) SY: I JR: SP: EXCAVATE I FILLED (Sq) (Sq-R) WS: I MT: RESTORE OTHER (Sq-R.) (Sq.n-) ******* & ISPOSMON ******* ASSESSMENT Recommended Assmt: $ P✓\aX_�References: 7J.— �-- Criteria: Oct / • / / To Violator: / Report Rcvd: / / Assessed: $�— To AG: Case Closed: Payment Received: $_____ On. -- .y „- 1 , , 'r.d..7 Accxc Pnt: S 5D Total Received: S------ Page t of 2 Rhonda Phillips From: Roy Brownlow [Roy.Brownlow@ncmail.net] Sent: Wednesday, May 11, 2005 1:23 PM To: Rhonda Phillip: Cc: Jim Gregson; Ed Brooks Subject: Re: previous viaalations Rhonda: Thank you for your att antion to this matter. We do have a violation record for Michael Hobbs, case no. 97-46D, for hind disturbance in an AEC adjacent the AIWW without a permit. It was a minor violation and wE s assessed $150_ This occurred in Brunswick County (Supply) and the NOV was issued by C )nnie Marlowe. As per the CRC's rule 3 for minor violations, in order for a violation to be considered willful and intentional and the penalty doubled, the violator has to have received clear and direct instructions from the L PO or from DCM staff prior to the violation that the activity would be in violation of the local Iz nd use plan, CAMA, or the Commission's rules; or the violator refuses to restore the impacted area if the activity is inconsistent with permittable development (7J .0409(f)(5)(E) [anti (F) for contractors]. If this violation you aro investigating is for unauthorized land disturbing activity in the Coastal Shoreline or Estuarino Shoreline AEC, I would agree that the penalty should be doubled for willful and intentional 3s the previous NOV would serve as the "clear and direct" instruction that permit(s) would have been required prior to commencing work. It is unfortunate that t ie penalty is cheaper than the permit fee, however, this is being reviewed by the legislators and hopefully higher penalties will be approved. Please feel free to co pact me if you have any further questions. D,, , FUNCTION=> F BROWSE ENFORCEMENT CASES RRD230 SEL CASE NUMBER NAME -------------- ------------------------------ 93-0004-AA HOBBS, G. S. 97-0046-DA HOBBS, MICHAEL MESSAGE: ALL RECORDS DISPLAYED FOR KEY ENTERED PFI=HELP PF2=MAIN MENU PF3=ENFORCEMENT ACTION MENU PF7=BACKWARD PFB=FORWARD FUNCTION=> C-------DCM ENFORCEMENT PRIMARY VIOLATOR INFORMATION --------- RRD210 CASE: 970046D PERMIT #: CONSULTANT: PARKER NAME: HOBBS, MICHAEL ADDR: 114 OCEAN BLVD WEST CITY: HOLDEN BEACH STATE: NC ZIP: 28462 PHONE: CNTY: BRUNSWICK NEAREST WATER BODY: AIWW ST PLANE X: LPO : MARLOWE, C. LOCALITY: SUPPLY ST PLANE Y: VIO DESC: LAND DISTURBING ACTIVITY WITHOUT A PERMIT NOV SENT: 10 09 97 VIOLATION: MAJOR: MINOR: Y PERM COND: CAMA: D&F: RESTORE : Y REQUESTED: 11 07 97 COMPLETED: 11 08 97 ESTUARY: PUB TRST: SHORELINE: OCEAN HZ: OTHER: PRI NURS: ORW: WETLANDS: SA: DS: CJ: SY: JR: LS: TY: SS: SC: SP: IF: BF: WS: MF: TYPE EXCAVATE FILLED RESTORE OTHER TYPE EXCAVATE FILLED RESTORE OTHER 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 ------------------------ASSESSMENT AND DISPOSITION ----------------------------- REC ASSMT: 00150 REFERENCES: F4A CRITERIA: 12 28 92 REPORT RCVD: 10 09 97 ASSESSED: 150 TO OGC: 01 01 01 TO VIOLATOR: 11 14 97 PAY REC: 150 ON: 11 18 97 CASE CLOSED: 11 19 97 # VIOLATORS: 1 TOTAL ASSESSMENT: 0 TOT RECEIVED: 0 MESSAGE: ENTER DATA YOU WISH TO CHANGE PFI=HELP PF2=MAIN MENU PF3=ENFORCEMENT MENU PF4=PREV SCREEN PF5=VIOLATOR Page 1 of 1 North Carolina Elaine F. Marshall DEPARTMENT OF THE Secretary SECRETARY oF STATE PO Box 29622 Raleigh, NC 2762"622 (919)807-2000 Corporations *Corporations Home OImportant Notice 4Corporate Forms/Fees *Corporations FAQ ®Tobacco Manufacturers •Dissolution Reports ONon-Profit Reports •Verify Certification *Online Annual Reports Links *Secretary Of State Home •Register for E-Procurement *Dept. of Revenue Legislation 01999 Senate Bills 02001 Bill Summaries •Annual Reports 1997 •Corporations 1997 °Other Legislation Search eBy Corporate Name *For New Corporation •By Registered Agent Online Orders *Start An Order ®New Payment Procedures Contact Us *Corporations Division •Secretary of State's web site Print •Printable Page Date: 5/19/2005 Click here to: View Document Filings I IPrint apre-populated Annual Report Form I File an Annual Report I Corporation Names Name Name Type NC BLUE MOON Legal DEVELOPMENT COMPANY Business Corporation Information SOSID: 0484023. FID: 56-2132135 Status: Current -Active Date Formed: 2/8/1999 Citizenship: Domestic State of Inc.: NC Duration: Perpetual Registered Agent Agent Name: Registered Office Address: Registered Mailing Address: Principal Office Address: Principal Mailing Address: Hobbs, Michael L 114 Ocean Blvd West Holden Beach NC 28462 114 Ocean Blvd West Holden Beach NC 28462 114 Ocean Blvd West Holden Beach NC 28462 No Address Stock Class Shares No Par Value Par Value COMMON 100000 Yes N/A For questions or comments about the North Carolina Secretary of State's web site, please send e-mail to Webmaster. http://www.secretary.state.nc.us/Corporations/Corp.aspx?PiternId=4979086 5/19/2005