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Home My WebLink About05-21D Gardner20-Apr-05 NC DIVISION OF COASTAL MANAGEMENT ENFORCEMENT RECORD CASE STATUS CASE NUMBER LAST NAME FIRST NAME BUSINESS NAME: • CASE IS 0111IIIIIIIII 05-21D IGARDNER DAVE CASE IS CLOSED J AFFLILIATION SECTOR NOV DATE CLOSURE DATE Previous Violations in Same AEC RESPONSIBLE AGE COMMERCIAL ❑ for Similar ACtIVIt1eS 4/i/2005 F_ MAILING ADDRESS CITY STATE ZIP CODE PHONE NUMBER 743 COCKLE ST SURF CITY NC 28445- I PROPERTY ADDRESS COMMUNITY WATERBODY NEAREST ROAD 720 CHANNEL BLVD SURF CITY BANKS CHANNEL HWY 210 DISTRICT OFFICE COUNTY DCM REPRESENTATIVE LPO CONTACT WIRO 1 PENDER IGILES I VIOLATION TYPE AFFECTED AEC(S) MAJOR CAMA NATURE OF VIOLATION AEC DESCRIPTION Unauthorized major development by the erection of at least four (4) m PTA AECs. RESTORATION NOT REQUIRED - CONTRACTOR RESTORATION NOT REQUIRED - PERMITTABLE DEVELOPMENT I. RESTORATION NOT REQUIRED - FURTHER IMPACTS ❑ RESTORATION PENDING CW J EW J PTA ES PTS OEA HHFA IHA _I PWS ❑ NCRA 3 pilings in Banks Channel within the EW & RESTORATION REQUEST DATE COMPLETION DATE --. RESTORATION EXTENDED RESTORE DATE -! DEADLINE F EXTENDED ❑ REFERRED TO AG'S OFFICE - COLLECTION F ] REFERRED TO AG'S OFFICE - INJUNCTION ASSESSMENT DATE PENALTY AMOUNT COLLECTION DATE AMOUNT COLLECTED 1LTv STATUS - — ,. ,PENALTY ISSUED ❑ PENALTY NOT ISSUED ❑ WILLFUL INTENTIONAL PENALTY (MIN. OR DOUBLED) CNOV ISSUED CONRACTOR'S FIRST OFFENSE ❑ SETTLED, AGREED UPON, OR STIPULATED PENALTY ❑ PENALTY APPEALED I- _- ❑ 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 ardner Is the leasee of the dock area from the Topsail Island Historical NCDENR North Carolina Department of Environment and Natural Resources Division of Coastal Management Michael F. Easley, Governor Charles S. Jones, Director William Ross Jr., Secretary June 7, 2005 J Mr. Dave Gardner JI 743 Cockle Street Surf City, North Carolina 28445 Wreheau Cj,, UL 111 RE: Closure Letter Payment of Proposed Penalty for Violations of the Coastal Area Management Act, Committed in Pender County CAMA Violation # 05-21D Dear Mr. Gardner: This letter will acknowledge receipt of your Check #2224, in the amount of $200.00, dated May 31, 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) 796-7290. Sincerely, J es H. Gregson Dis ' t Manager JHG/bar cc: Ted Tyndall, Assistant Director Roy Brownlow, Compliance Coordinator WIRO File Copy 127 Cardinal Drive Ext., Wilmington, North Carolina 28405-3845 Phone: 910-796-7215 \ FAX: 910-395-3964 \ Internet: www.nccoastalmanagement.net An Equal Opportunity \ Affirmative Action Employer— 50% Recycled \ 10% Post Consumer Paper ,DCM ENFORCEMENT TRACKING REPORT S� /. U I es J / IsOS. z1 'Field Rep. � .v sC Violation Base No. LPOJi� Y L'Atinpy ❑ A B C �� SnT.L f,En� H Violated Permit No. LPJ (Ireppliwble) Violation Description Was activity permittable?' Yes / No Initial Discovery Date 0311-? of Discovery Method 5ZauN 2✓s;ccTw Eon rnhyo2 7'rSZw�f i Violation Description Fos 2 Li) Ar, a-..2 s✓ c- 177 L� i rJt s _ Respondent Information Prior Violations in same AEC: Yes iN Case. Number oS-z/ 0 = RespondentName(s) bAVG 6F2p0cfL (Landowner/ gen Contractor) Address (-OC kt-t Si • City SULma y State P L Zips 4 Phone # J sZg Z 3 1 (o Fax # Email Violation Type: Project Type: Authorizations Required: Site Visits Respondent Site Visits Respondent No Permit ❑ Private/Community ❑ Major CAMA J Present Present ❑ Permit Condition r , Govt./Public ❑Minor ❑ D&F ❑ Expired Permit ❑ Commercial General ❑ ❑ ❑ Inconsistent wl Rules ❑ ❑ Violation Location and Site Description Project Location: County Pl tits c 2 Street Address/ State Road/ Lot #(s) -7 CHA>,w a(- R3ivT) City I aPS:>'t (5L 4Lti ZIP Z9`tt IS Phone# (_) River Basin l .11pC PEA1Z Adj. Wtr. Body FL. Oman /unkn) Closest Maj. Wtr. Body 10 P.S IYtL S 0., , (}I Rover File ID O -)11 I1 Shoreline Length 19 SAV: oC tug Yes No Sandbags: Not Sure Yes PNA: ORW Crit. Hab. Photos Waiver Required In DWQ Buffer Area Yes eAp Adjacent Yes M> Adjacent Yes CYO No Yes c2m> Yes Q Restoration NOV Date ',•�-�'Initial Req. Camp. Date Extension Granted Yes No Restoration Letter CNOV Date Date Camp. Observed Acceptance Date Penalty Assessment Sent to Respondent Date Rcvd. by Dist. Mgr. Date Assessment Extended Yes No 1 71.0409 Ref. Recomm. Assess. DCM Assess. App./Permit Fee j0o '= $ /O0 °= $ Penalty I / 2D $ O6 $ Willful/Intent. $ $ 1 Continuing Is $ Other Is $ Totals L Op °p Dave Gardner May 20, 2005 Page 3 of 3 CAMA VIOLATION #05.21D 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 $200.00 against me for violation of the Coastal Area Management Act, NCGS 113A-100 et Leg, committed on or near my property 720 Channel Blvd, in Pender 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 1, 2005, and agree to pay the proposed civil assessment of $200.00. 51311�5 DATE REGE1vEC) pCM VVILMINGTON, NC JUN 0 1 2005 .�P-� - SIGNATURE ZU `or-1 /e SY ADDRESS ur� Cl / / Vc- 2ktof- 9105�- 2yzy TELEPHONE NUMBER 127 Cardinal Drive Ext., Wilmington, North Carolina 28405-3845 Phone: 910-796-72901 FAX: 910-395-39641 Internet: www.nccoastalmanagement.net An Equal Opportunity1 Affirmative Action Employer— 50% Recycled 110% Post Consumer Paper IMP j17A— eiir)a NCDENR North Carolina Department of Environment and Natural Division of Coastal Management Michael F. Easley, Governor Charles S. Jones, Director May 20, 2005 CERTIFIED MAIL #7064 2890 0002 3425 2965 RETURN RECEIPT REQUESTED Mr. Dave Gardner 743 Cockle Street Surf City, NC 28445 RE. CAMA VIOLATION #05-21 D Dear Mr. Gardner: Resources William G. Ross Jr., Secretary This letter is in reference to the Notice of Violation dated April 1, 2005 that Jon Giles, representative for the Division of Coastal Management, issued to you for unauthorized developmentof the installation of four mooring pilings within Banks Channel at 720 Channel Blvd., Pender County. The violation involved Estuarine Waters and Public Trust areas, which are within the areas of Environmental Concern designated by the Coastal Resources Commission. Based upon the site visit conducted on April 21, 2005 by Jon Giles, the restoration requested appears to be 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 $200.00 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 orderto 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 $200.00 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. 127 Cardinal Drive Ext., Wilmington, North Carolina 28405-3845 Phone: 910-796-72151 FAX: 910-395-39641 Internet: www.necoastalmanagement.net An Equal Opportunity1 Affirmative Action Employer- 50% Recycled 110% Post Consumer Paper Dave Gardner May 20, 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, J' Gr gson,Listft;tMa ager isio of Coa Marta ement Enclosure cc: Ted Tyndall, Assistant Director, DCM Roy Brownlow, Compliance Coordinator, DCM Jon Giles, Coastal Management Representative, DCM Noelle Lutheran, Surface Water P1MAY 2 5 2005 Oj Morehead City DCM 127 Cardinal Drive Ext., Wilmington, North Carolina 28405-3845 Phone: 910-796-72901 FAX: 910-395-39641 Internet: www.nccoastalmanagement.net An Equal Opportunity 1 Affirmative Action Employer-50% Recycled 110% Post Consumer Paper Dave Gardner May 20, 2005 Page 3 of 3 CAMA VIOLATION #05-21D 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 $200.00 against me for violation of the Coastal Area Management Act, NCGS 113A-100 et seg, committed on or near my property 720 Channel Blvd. in Pander 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 1, 2005, and agree to pay the proposed civil assessment of $200.00. DATE SIGNATURE ADDRESS TELEPHONE NUMBER 127 Cardinal Drive Ext., Wilmington, North Carolina 28405-3845 Phone: 910-796-72901 FAX: 910-395-39641 Internet: www.nccoastaimanagement.net An Equal Opportunity 1 Affirmative Action Employer— 50% Recycled 110% Post Consumer Paper e�� 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 1, 2005 CERTIFIED MAIL # 7004 2890 0002 3425 2385 Dave Gardner 743 Cockle Street Surf City, NC 28445 RE. NOTICE OF VIOLATION AND REQUEST TO CEASE UNAUTHORIZED DEVELOPMENT CAMA VIOLATION #05-21 D Dear Mr. Gardner: This letter confirms that on March 17, 2005, James Canady, LPO, and I were onsite at the property owned by the Topsail Island Historical Cultural Arts Council located at 720 Channel Blvd. adjacent to Banks Channel located in or near the Town of Topsail Beach, off NC Hwy 210, Pender County, North Carolina. The purpose of the visit was to investigate unauthorized development of the installation of four mooring pilings within Banks Channel. This work could have been permitted under a general permit. 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. I have information that indicates you have undertaken or are legally responsible for the installation of four mooring pilings within Banks Channel on the aforementioned property. This activity took place in Estuarine Waters and Public Trust Areas that is contiguous with Banks Channel. 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. 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). 4 Gardner Violation Page Two 1 >uu5 It is the policy of the Coastal Resources Commission to levy a minimum civil a sessment of $200 not to exceed $2,500 against all violations. This is done to recoup some of the costs of AwUestigating- 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 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. However, please be advised that upon request, you must be able to provide us proof that you have given your adjacent riparian property owner(s) notice of this unauthorized development and provided them the opportunity to comment to the Division of Coastal Management. You are requested to provide this documentation, you must provide confirmation that a written statement has been obtained, signed by the adjacent riparian property owners, indicating that they have no objection to the completed work; or you must provide confirmation that the adjacent riparian property owners have been notified by certified mail of the completed work. This notice shall instruct adjacent property owners to provide any comments on the completed development in writing to this Division within fourteen (14) days of receipt of the notice and shall indicate that no response from them will be interpreted as not having any objection. 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 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, Jon W Giles Jr. - Coastal Management Representative Cc: Ted Tyndall, Assistant Director, DCM Jim Gregson, District Manager, DCM Roy Browniow, Compliance Coordinator, DCM James Canady, Topsail Beach LPO ENCLOSURE