05-31D Antinori Marine Construction

AG`UAN�
WDEN[l.
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
NOTICE OF VIOLATION
08 November 2005
CERTIFIED MAIL p
RETURN RECEIPT REQUESTED J S QU
Antinori Marine Construction - 1 0
Mr. Steve Antinori N lJ
135 Virginia Lane
Sneads Ferry, NC 28460
RE: NOTICE OF VIOLATION AND REQUEST TO CEASE UNAUTHORIZED DEVELOPMENT
CAMA VIOLATION #05-31 D
Dear Mr. Antinori:
This letter confirms that on 26 October 2005, Ted Tyndall, Assistant Director; Jon Giles, Coastal
Management Representative; and I were onsite at Mr. Stanley McCauley's property located at 108 Clipper
Lane adjacent to Bumps Creek located in or near Sneads Ferry, off NC -1521 Bumps Creek Road, Onslow
County, North Carolina. The purpose of the visit was to further investigate the unauthorized development
cited by the previous Notice of Violation issued by Jon Giles involving the unauthorized modification to the
development authorized by CAMA General Permit, number 39890-D which includes the reconfiguration of
the dock/pier alignment within Bumps Creek. This letter also references the previous Notice of Violation
and correspondence from Jon Giles to you dated 02 May 2005.
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.
Based on this visit to Mr. McCauley's property, I have information that indicates you, as contractor for Mr.
McCauley, have undertaken or are legally responsible for constructing the dock/pier and platform
inconsistent with the permitted project as described in CAMA General Permit No. 39890-D on the
aforementioned property. This activity took place in Estuarine Waters and the Public Trust Areas that are
contiguous with Bumps Creek and Chadwick Bay. Estuarine Waters and Public Trust Areas are designated
as Areas of Environmental Concern (AEC). No modification to the authorized permit was requested from
you or 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. This Notice
replaces that previously issued to you by Jon Giles dated 02 May 2005.
400 Commerce Avenue, Morehead City, North Carolina 28557
Phone: [phone] FAX: [phone] Internet: www.nccoastalmanagement.net
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Antinori Marine Construction
Mr. Steve Antinori
08 November 2005
Page 3 of 4
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].
Sincerely,
Roy Brownlow
Compliance Coordinator, DCM
Cc: Ted Tyndall, Assistant Director, DCM
Jim Gregson, District Manager, DCM
Jon Giles, Coastal Management Representative, DCM
Andrea Frazier, Onslow County LPO
ENCLOSURE
400 Commerce Avenue, Morehead City, North Carolina 28557
Phone: [phone] FAX: [phone] Internet: www.nocoastaimanagement.net
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Antinori Marine Construction
Mr. Steve Antinori
08 November 2005
Page 4 of 4
RESTORATION PLAN
For
MR. STANLEY McCAULEY Property
CASE NUMBER: 05-30D
Property located at 108 CLIPPER LANE, SNEADS FERRY, ONSLOW COUNTY
Erect a permanent guard railing
With intermediate railings \
Platform
Boallift
Pier/Dock
Not to scale
Bulkhead
I
I, Stanley McCauley, Sr., agree to erect a permanent guard railing with intermediate railings on the
waterward or northwest end of the pier platform. Furthermore, I agree not to utilize the waterward or
northwest end of the platform as a permanent mooring or docking space.
I agree to complete this restoration to the satisfaction of the Division of Coastal Management (DCM) by 08
December 2005, 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 $200.00 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.
400 Commerce Avenue, Morehead City, North Carolina 28557
Phone: [phone] \ FAX: [phone] \ Internet: www.nccoastaimanagement.net
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Antinori Marine Construction
Mr. Steve Antinori
08 November 2005
Page 4 of 4
RESTORATION PLAN
For
MR, STANLEY McCAULEY Property
CASE NUMBER: 05-30D
Property located at 108 CLIPPER LANE, SNEADS FERRY, ONSLOW COUNTY
Erect a permanent guard railing
With intermediate railings
Platform
Boallift
Pier/Dock
Not to scale
Bulkhead
I
I, Stanley McCauley, Sr., agree to erect a permanent guard railing with intermediate railings on the
waterward or northwest end of the pier platform. Furthermore, I agree not to utilize the waterward or
northwest end of the platform as a permanent mooring or docking space.
I agree to complete this restoration to the satisfaction of the Division of Coastal Management (DCM) by 08
December 2005, 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 $200.00 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.
400 Commerce Avenue, Morehead City, North Carolina 28557
Phone: [phone] k FAX: [phone] Internet: www.nccoastalmanagement.net
An Equal opportunity 1 Affirmative Action Employer — 50% Recycled 110% Post Consumer Paper

t JN
N
NCDENR
North Carolina Department of Environment and Natural
Division of Coastal Management
Michael F. Easley, Governor Charles S. Jones, Director
NOTICE OF VIOLATION
May 2, 2005
CERTIFIED MAIL 7004 2890 0002 3425 2569
RETURN RECEIPT REQUESTED
Antinori Marine Construction
Attn: Steve Antinori
135 Virginia Lane
Sneads Ferry, N.C.28460
Resources
William G. Ross Jr., Secretary
RE: NOTICE OF VIOLATION AND REQUEST TO CEASE UNAUTHORIZED DEVELOPMENT
CAMA VIOLATION #05-31D
Dear Mr. Antinori:
This letter is in reference to my March 18, 2005 meeting onsite at Stanley McCauley's property off Clipper
Lane, adjacent to Bumps Creek, near Sneads Ferry in Onslow County, North Carolina. The purpose of the
onsite meeting was to investigate unauthorized development on the aforementioned property. This letter
also references that on February 11, 2005, 1 was on site with Trey Black, two of Mr. McCauley's neighbors
and Mr. McCauley. I was there to issue a permit to construct a bulkhead and dock with a T-head and two
boatlifts. I requested that Mr. McCauley mark the edge of the channel directly in front of the starting point of
the dock. It is my understanding that his neighbors marked the channel location. Using a range finder I
determined that the marker was approximately 80' into the water body. A survey by Quadrant Surveying,
Inc., P.A. dated April 8, 2005 has been provided to this office. This survey shows that Mr. McCauley's dock,
T-head and boatlifts encroach approximately 28' into the channel portion of the water body, please see the
attached copy of the survey.
Information gathered by me for the Division of Coastal Management indicates that your actions as
contractor for Stanley McCauley are 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 pursuant to
the North Carolina General Statutes (N.C.G.S.) 113A-118.
Information I have indicates that you have undertaken or are legally responsible for the construction of Mr.
McCauley's dock, T-head and boatlifts that encroach approximately 28' into the channel portion of the
water body on the aforementioned property. In addition, the dock was constructed inconsistent with
submitted work plan drawings and was not constructed consistent with the permit sketch. Also, the pier
does not meet the'% Rule for pier lengths since the pier was constructed approximately 10' to the west of
originally permitted location. This activity took place in Estuarine Waters and Public Trust Area that are
127 Cardinal Drive Ext., Wilmington, North Carolina 28405-3845
Phone: [phone] \ FAX: [phone] \ Internet: www.nccoastalmanagement.net
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Antinori Construction
April 25, 2005
Page 2 of 2
contiguous with Bumps Creek. Estuarine Waters and Public Trust Areas are designated as Area(s) 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 development and contact me about this
matter. 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, which is
subject to an additional assessment of $2,500. An injunction or criminal penalty may also be sought to
enforce any violation in accordance with N.C.G.S. 11 3A-1 26.
It is the policy of the Coastal Resources Commission to assess a minimum civil penalty $350 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. Whether a higher amount will be assessed will depend on
several factors, including the nature and area of the resources that were affected and the extent of the
damage to them.
Since this is your first documented offense as a contractor in these designated Area(s) of Environmental
Concern, there will be no assessment levied against you in accordance with the North Carolina
Administrative Code, Title 15A, Subchapter 7J.0409(%4)(F)(i). However, if you continue to violate the
Coastal Area Management Act, you should consider yourself forewarned and expect a civil assessment 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.
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.
Sigcerely,
Jon W. Giles Jr.
Coastal Management Representative
cc: Ted Tyndall, Assistant Director, DCM
Jim Gregson, District Manager, DCM
Roy Brownlow, Compliance Coordinator, DCM
Andrea Frazier, Onslow County LPO
127 Cardinal Drive Ext., Wilmington, North Carolina 28405.3845
Phone: [phone] \ FAX: [phone] \ Internet: www.nccoastalmanagement.net
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LEGEND:'
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© JACKSONVILLE, N.C. 28540 FILE N0. o5o3oe—Be
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• Sender: Please print your name, address, and ZIP+4 in this box
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400 Commerce Avenue
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808-2808

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