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Home My WebLink About05-24D Gregory20-Apr-05 NC DIVISION OF COASTAL MANAGEMENT ENFORCEMENT RECORD 'CASE STATUS _ CASE NUMBER LAST NAME FIRST NAME BUSINESS NAME: 05-24D IGREGORY MARK CASE IS CLOSED , AFFLILIATION SECTOR NOV DATE CLOSURE DATE Previous Violations in Same AEC PROPERTY OWNE PRIVATE for Similar Activities 4/4/2005 MAILING ADDRESS CITY STATE 1399 OLD BARBOUR RD BENSON NC PROPERTY ADDRESS COMMUNITY LOTS 5-6 STONES BAY S/D SNEADS FERRY ZIP CODE PHONE NUMBER 27504- I W WATERBODY NEAREST ROAD STONES BAY HWY 172 DISTRICTOFFICE COUNTY DCM REPRESENTATIVE LPO CONTACT FRO IGILES VIOLATION TYPE AFFECTED AEC(SA k CW ';V EW W PTA W ES ❑ PTS MAJOR CAMA ❑ OEA ❑ HHFA l IHA ❑ PWS ❑ NCRA NATURE OF VIOLATION AEC DESCRIPTION uthorized major development by excavating beyond the staked bulkhead alignment, failure to retain soil ma sediment behind the bulkhead, failure to maintain all development landward of the marsh fringe adjacent to es Bay within the CW, EW, and PTA AECs. I,RE - TION STATUS: J RESTORATION NOT REQUIRED - CONTRACTOR RESTORATION NOT REQUIRED - PERMITTABLE DEVELOPMENT U RESTORATION NOT REQUIRED -FURTHER IMPACTS RESTORATION PENDING RESTORATION REQUEST DATE COMPLETION DATE 4/18/2005 RESTORATION EXTENDED+ RESTORE DATE DEADLINE EXTENDED REFERRED TO AG'S OFFICE - COLLECTION REFERRED TO AG'S OFFICE - INJUNCTION ASSESSMENT DATE PENALTY AMOUNT COLLECTION DATE AMOUNT COLLECTED PENALT PENALTYLTY ISSUED jJ PENALTY NOT ISSUED WILLFUL INTENTIONAL PENALTY (MIN. OR DOUBLED) CNOV ISSUED ❑ CONRACTOR'S FIRST OFFENSE ❑ SETTLED, AGREED UPON, OR STIPULATED PENALTY PENALTY APPEALED UNCOLLECTIBLE PENALTY [] FORMAL CPA ISSUED Violations Involving Adversely Impacted Resources AMOUNT OF ADVERSELY DISTURBED AREA (SQ. FT.) I AMOUNT OF RESTORED AREA (SQ. FT) I NOTES NCDENR North Carolina Department of Environment and Natural Resources Division of Coastal Management Michael F. Easley, Governor Charles S. Jones, Director Wiliam G. Ross Jr., Secretary April 22, 2005 Mr. Mark Gregory 1399 Old Barbour Road Benson, North Carolina 27504 RE: Closure Letter Payment of Proposed Penalty for Violations of the Coastal Area Management Act, Committed in Onslow County CAMA Violation # 05-24D Dear Mr. Gregory: This letter will acknowledge receipt of your Check #2449, in the amount of $350.00, dated April 19, 2005. Once the amount of the check is credited to the Department of Environment and Natural Resources' account, this matter will be fully and completely closed. If you have any further questions concerning this matter, please contact me at my Wilmington office, (910) 395-3900. Sincerely, \ am H. Greg son Dis ict Manager JHG/bar cc: Ted Tyndall, Assistant Director Roy Brownlow, Compliance Coordinator WIRO File Copy 127 Cardinal Drive Extension, Wilmington, North Carolina 28405-3845 Phone: 910-395-3900\Fax: 910-350-2004 \ Internet: http://dcm2.enr.state.nc.us An Equal Opportunity \ Affirmative Action Employer- 50% Recycled \10% Post Consumer Paper Gregory April 11, 2005 Page 3 of 3 CAMA VIOLATION #05.24D 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 Lots 5 & 6 Stones Bay Subdivision in Onslow 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 April 4, 2005, and agree to pay the proposed civil assessment of $350. DATE ADDRESS �N N�also�o TELEPHONE NUMBER (cEHVE APR 19 2W5 ED DIVISION OF COASTAL MANAGEMENT RESTORATION PLAN For Mr. Mark Gregory Property CASE NUMBER: 05-24D E(OEEvE APR 0 81005 DIVISION OF COASTAL MANAGEMENT Property located at Lots 5 & 6 Stones Bay Subdivision, Onslow County 1) Install silt fence to retain any sedimentation until the bulkhead is completed. 2) You are requested to contact the U.S. Army Corps of Engineers (USACE) to determine the amount of federal wetlands that have been filled. 3) Further restoration may be required pending the determination by the USACE on the amount of federal wetlands that may have been filled. I, Mark Gregory, agree to , install a silt fence to retain any sedimentation until the bulkhead is completed, you are requested to contact the U.S. Army Corps of Engineers (USACE) to determine the amount of federal wetlands that have been filled and further restoration may be required pending the determination by the USACE on the amount of federal wetlands that may have been filled. I agree to complete this restoration to the satisfaction of the Division of Coastal Management (DCM) by April 18, 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: r 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. DCM ENFORCEMENT TRACKING REPORT Ja.t lssr_c--s Issuer oS-ZLI Field Rep. 0 Violation Base No. LPO_E N1h(LE A V70..A L5 ESL ❑ A B C LPI 0%).SLov✓ Got,.. -r Violated Permit No. L%WAI-\-.D (if applicable) Violation Description Was activity permittable? Yes / (FA) Initial Discovery Date* a311%1oS Discovery Method PQoGRESS SJsvE-rToN Violation Description &'ALAJo,TSDu R,ryoND STAKctI 6.H. ALLGNtneNT �ikCltnitt To F�ELN It.0 �D M}1jNTNSN Db.L Rc'iAZN tM .taT.t(LLbLS l SI's�i ta-aEvT Otis FIZNP 2 41. r r.....�.n ._.t ...� _ ...._...�.. -r Prior Violations in same AEC: Yes Respondent Name(s) Address 1310) OLD SAILfSot. & 2d City b6asad Phone # �t"k' $So$',aLt I Fax # Violation Type: ❑ No Permit ® Permit Condition ❑ Expired Permit ❑ Inconsistent wl Rules Project Type: Private/Community ❑ Govt./Public ❑ Commercial Authorizations Required: ❑ Major ❑ CAMA ❑ Minor ❑ D&F ❑ General Violation Location and Site Description Project Location: County O a SL.ovn/ Street Address/ State Road/ Lot #(s) Subdivision S To N k 5 fS ray City 5NF. AD 3 FE4-P-11 Zip 2-aLt(0a Phone # River Basin WMsTC aAt.. Adj. Wtr. Body STbN cS 3w`j Q /man /unkn) Closest Maj. Wtr. Body _W M v✓ TLTv C- 1L Restoration NOV Data y'y- o.Y CNOV Date State 0 t- Zip 2-75` 4 Site Visits Respondent Present 3-t8' o s' ❑ 3 So- oS [] A -a - oy ❑ Site Visits Respondent Present El El Rover File P 0Y I ZI 3 A Shoreline Length I-7 ,S SAV: <Not Sure Yes No Sandbags: Not Sure Yes PNA: Yes No Adjacent ORW: Yes W Adjacent Crit. Hab. Yes Photos ® No Waiver Required - Yes CZ In DWQ Buffer Area Yes CD Initial Req. Comp. Date Date Comp. Observed L+-S-o5 Penalty Assessment Sent to Respondent Date Rcvd. by Dist. Mgr. Date Assessment. Extended Yes No App./Permit Fee Penalty Willful/Intent. Continuing Other Extension Granted Yes CD Restoration Letter Acceptance Date U0409 Ref. Recomm. Assess. DCM Assess. 8 $ r(gA)C, $ 33,0=' $ 3s'o.. $ $ Total ME Formal Assessments, Appeals and Reductions Date Long Form Submitted Assessment Appealed Yes No Date Formal CPA Submitted ❑ Penalty modified Final Assessment $ nate Attorney General's Office for Injunction or Formal Collection Date sent to AG ❑ Respondent not responsive to penalty/NOV ❑ 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 JR LS TY PWS: FC: SS SC SP 404 Other: Restoration Required by the Respondent Yes I No Dimensions in excess Dimensions to restore Final dimensions of permit/ unauthorized activities allowed Actually restored Development Activities I Habitat Description ' I NOTES: Closing Payment Received S Date Date Case Closed r 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 April 11, 2005 CERTIFIED MAIL 7004 2890 0002 3425 2538 RETURN RECEIPT REQUESTED Mark Gregory 1399 Old Barbour Rd. Benson, N.C. 27504 RE: CAMA VIOLATION #05-24D Dear Mr. Gregory: This letter is in reference to the Notice of Violation dated April 4, 2005 that Jon W. Giles, representative for the Division of Coastal Management, issued to you for excavation beyond a staked bulkhead alignment, failure to retain materials and sediment behind bulkhead and failure to maintain all construction landward of marsh grass fringe at lots 5 & 6 Stones Bay Subdivision, Onslow County. The violation involved Coastal Wetlands, Coastal Shoreline, Estuarine Waters and Public Trust Areas, which are Areas of Environmental Concern designated by the Coastal Resources Commission. Based upon the site visit conducted on April 7, 2005 by Jon W. Giles, the restoration requested is 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 Resource Commission, a proposed civil penalty in the amount of $350 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 $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. rl,71.1 Z; APR 2 0 2005 Morehead City I)Chl Gregory April 11, 2005 Page 2 of 3 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. 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) 395-3900. Si ely, im regson,Dist'ctManager ision of Coast "Management Enclosures cc: Roy Brownlow, Compliance Coordinator, DCM Jon W. Giles, Coastal Management Representative, DCM Andrea Frazier, Onslow County, LPO Morehead City OCM Gregory April 11, 2005 Page 3 of 3 CAMA VIOLATION #05.24D 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 seg, committed on or near my property Lots 5 & 6 Stones Bay Subdivision in Onslow 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 April 4, 2005, and agree to pay the proposed civil assessment of $350. DATE SIGNATURE ADDRESS TELEPHONE NUMBER �K0 V eRA 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 NOTICE OF VIOLATION April 4, 2005 CERTIFIED MAIL 7004 2890 0002 3425 2415 RETURN RECEIPT REQUESTED Mark Gregory 1399 Old Barbour Rd. Benson,N.C.27504 RE: NOTICE OF VIOLATION AND REQUEST TO CEASE UNAUTHORIZED DEVELOPMENT CAMA VIOLATION#05-24D Dear Mr. Gregory: This letter confirms that on March 30, 2005, ,"— property located at Lots 5 & 6 Stones Bay Subdi NC Hwy 172, Onslow County, North Carolir development of excavation beyond a staked bul ediment behind bulkhead, failure to maintain all construction la filling of federal wetlands within Stones Bay. Mr. Gregson and m S qt��l ,�j 0� )rogress on the bulkhead. At this time we felt that you had excee, ad. I called you and left a message explaining our concerns. We ` rp work and we scheduled a meeting on March 30, 2005 to discus-y� iertaken major idertake Major I from the North t 5t� Vorth Carolina Information gathered by me for the Division of t development in violation of the Coastal Area Development in a designated Area of Environmer Carolina Department of Environment and Natur General Statute (N.C.G.S.)113A-118. Imm onsite at your neads Ferry, off e unauthorized I have information that indicates you have undertaken or are legally responsible for the excavation beyond a staked bulkhead alignment, failure to retain materials and sediment behind bulkhead, failure to maintain all construction landward of marsh grass fringe and possibly the filling of federal wetlands on the aforementioned property. This activity took place in Coastal Wetlands, Coastal Shoreline, Estuarine Waters and Public Trust Areas that are contiguous with Stones Bay. Coastal Wetlands, Coastal Shoreline, Estuarine Waters and Public Trust 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. Gregory Violation Page Two 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 on several factors, including the nature and area of the resources that were affected and the extent of the damage to them. Based upon the North Carolina Administrative Code, Title 15A, Subchapter 07H. State Guidelines for Areas of Environmental Concern, the activity you have undertaken, excavation beyond a staked bulkhead alignment, failure to retain materials and sediment behind bulkhead, failure to maintain all construction landward of marsh grass fringe, Coastal Shoreline, Estuarine Waters and Public Trust Areas AEC(s), is not consistent with Sections 15A NCAC 07H.0208 (b) (7) (A, B, & C) and 15A NCAC 07H.1105 (a, f & j), which states that all construction shall be landward of the staked bulkhead alignment and landward of any marshland or marsh grass fringes. The rules also states that the bulkhead shall be placed along the normal high water level and material shall be contained behind the bulkhead to prevent and run-off into the adjacent waterbody. Therefore, I am requesting that adequate erosion control measures i.e., silt fence, be install to retain any sedimentation until the bulkhead is completed, you are requested to contact the U.S. Army Corps of Engineers (USAGE) to determine the amount of federal wetlands that have been filled and further restoration may be required pending the determination by the USACE on the amount of federal wetlands that may have been filled. 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. Gregory Violation Page Three 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) 395-3900. 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. Si cerely, LJ Jon W. Giles Jr. Coastal Management Representative Cc: Ted Tyndall, Assistant Director, DCM Jim Gregson, District Manager, DCM Roy Brownlow, Compliance Coordinator, DCM Brad Shaver, Regulatory Specialist, USACE Andrea Frazier, Onslow County, LPO ENCLOSURE A APR 1 1 Z005 Morehead City DCM RESTORATION PLAN For Mr. Mark Gregory Property CASE NUMBER: 05-24D Property located at Lots 5 & 6 Stones Bay Subdivision, Onslow County 1) Install silt fence to retain any sedimentation until the bulkhead is completed. 2) You are requested to contact the U.S. Army Corps of Engineers (USAGE) to determine the amount of federal wetlands that have been filled. 3) Further restoration may be required pending the determination by the USACE on the amount of federal wetlands that may have been filled. I, Mark Gregory, agree to , install a silt fence to retain any sedimentation until the bulkhead is completed, you are requested to contact the U.S. Army Corps of Engineers (USAGE) to determine the amount of federal wetlands that have been filled and further restoration may be required pending the determination by the USACE on the amount of federal wetlands that may have been filled. I agree to complete this restoration to the satisfaction of the Division of Coastal Management (DCM) by April 18, 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 $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. 02-May-05 NC DIVISION OF COASTAL MANAGEMENT ENFORCEMENT RECORD CASE STATUS CASE NUMBER LAST NAME FIRST NAME BUSINESS NAME: — I 05-24D IGREGORY IMARK • CASE IS CLOSED I AFFLILIATION NOV DATE CLOSURE DATE PROPERTY OWNE 4/4/2005 MAILING ADDRESS CITY STATE 1399 OLD BARBOUR RD BENSON NC PROPERTY ADDRESS COMMUNITY LOTS 5-6 STONES BAY S/D SNEADS FERRY SECTOR PRIVATE Previous Violations in Same AEC for Similar Activities ZIP CODE PHONE NUMBER 27504- J WATERBODY NEAREST ROAD STONES BAV HWY 172 DISTRICT OFFICE COUNTY DCM REPRESENTATIVE LPO CONTACT WIRO ONSLOW GILES �— ❑� CW n EW❑ PTA V ES ❑ PTS VIOLATION TYPE MAJOR CAMA ❑ OEA ❑ HHFA ❑ IHA ❑ PWS ❑ NCRA NATURE OF VIOLATION AEC DESCRIPTION uthorized major development by excavating beyond the staked bulkhead alignment, failure to retain soil ma sediment behind the bulkhead, failure to maintain all development landward of the marsh fringe adjacent to les Bay within the CW, EW, and PTA AECS. 0 ❑ RESTORATION NOT REQUIRED - CONTRACTOR ❑ RESTORATION NOT REQUIRED - PERMIT -FABLE DEVELOPMENT ❑ RESTORATION NOT REQUIRED -FURTHER IMPACTS ❑ RESTORATION PENDING RESTORATION REQUEST DATE COMPLETION DATE 4/18/2005 4/7/2005 RESTORATION EXTENDED RESTORE DATE DEADLINE EXTENDED REFERRED TO AG'SOFFIC'-�0'LL'i, tlN �-1 REFERRED TO AG'S OFFICE - INJUNCTION ASSESSMENT DATE PENALTY AMOUNT COLLECTION DATE AMOUNT COLLECTED LTY STATUS - 4/11/2005 $350 4/22/2005 $350 Q PENALTY ISSUED ❑ PENALTY NOT ISSUED WILLFUL INTENTIONAL PENALTY (MIN. OR DOUBLED) i._ ] CNOV ISSUED ' CONRACTOR'S FIRST OFFENSE ❑ SETTLED, AGREED UPON, OR STIPULATED PENALTY j PENALTY APPEALED UNCOLLECTIBLE PENALTY ❑ FORMAL CPA ISSUED Violations Involving Adversely Impacted Resources AMOUNT OF ADVERSELY DISTURBED AREA (SQ. FT.) AMOUNT OF RESTORED AREA (SO. FT) F NOTES