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Home My WebLink About05-48D Faircloth04-Nov-05 NC DIVISION OF COASTAL MANAGEMENT ENFORCEMENT RECORD ® CASE NUMBER LAST NAME FIRST NAME BUSINESS NAME: 3576D IFAIRCLOTH IJAMES F. CASE IS CLOSED Previous Violations in Same C7 AEC for Similar Activities NOV DATE CLOSURE DATE Elapsed Days AFFLILIATION SECTOR 0/111 0005 85 IPROPERTY OWNER IPRIVATE MAILING ADDRESS CITY STATE ZIP CODE PHONE NUMBER 633 LAKESHORE DR SUNSET BEACH NC 28468- r PROPERTY ADDRESS COMMUNITY WATERBODY NEAREST ROAD 1141 RIVER DR ICALABACH ICALABASH RIVER I — DISTRICT OFFICE COUNTY DCM REPRESENTATIVE LPO CONTACT WIRO BRUNSWICK IN. SMITH VIOLATION TYPE j._I CW EW j -] PTA [[%*! ES j ] PTS MINOR CAMA I OEA ❑ HHFA [] IHA L_I PWS [ I NCRA NATURE OF VIOLATION AEC DESCRIPTION luthorized minor development by placing ES AEC adjacent to the Calabash River. RESTORATION STATUS 1/I - RESTORATION NOT REQUIRED - CONTRACTOR a new septic system, and constructing a aeCK RESTORATION NOT REQUIRED - PERMITTABLE DEVELOPMENT RESTORATION NOT REQUIRED - FURTHER IMPACTS j RESTORATION PENDING RESTORATION REQUEST DATE COMPLETION DATE 9/10/2005 10/26/2005 - RESTORATION EXTENDED RESTORE DATE I DEADLINE EXTENDED REFERRED TO AG'SOFFICE - INJUNCTION INJUNCTION DATE:1r— j REFERRED TO AG'S OFFICE - COLLECTION COLLECTION REQUEST DATE: (— ASSESSMENT DATE PENALTY AMOUNT COLLECTION DATE AMOUNT COLLECTED j J PENALTY ISSUED U WILLFUL 8 INTENTIONAL PEN IN. DOUBLED) PENALTY NOT ISSUED U CNOV ISSUED CNOV DATE !� CONRACTOR'S FIRST OFFENSE n PENALTY APPEALED APPEAL DATE [_; FORMAL CPA ISSUED FORMAL CPA DATE SETTLED. AGREED UPON. STIPULATED PENALTY [—SETTLEMENT DATE UNCOLLECTIBLE PENALTY F—UNCOLLECTIBLE DETERMINATION DATE Violations Involving Adversely Impacted Resources AMOUNT OF ADVERSELY DISTURBED AREA (SQ. FT.) AMOUNT OF RESTORED AREA (SQ. FT) NOTES Ip 1 • I �'I ,,. G ... 1�... :•J !� .. v . fl I fl .�L� r I.IY�... .... .. 'L. S, `. _ _` f.; r`JI • 1__ r •� -. .. _.._. '.:aka. ) I'.a7J,1r: .. .. .. _ 111! 1 1 .t .♦ I FILE MEMOPANDUM TO: ROY BROWNLOW, COMPLIANCE COORMiNATOR 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.: 05 _ L(Ii� M. TED TYNDALL, Assistant Director 02/01/2012 Date * LSB TB MTT TOWN OF CALABASH, NORTH CAROLINA Post Office Box 4967 • 882 Persimmon Road • Calabash, NC 28467 Administration: (910) 579-6747 • Building Inspector: (910) 579-0500 • Fax: (910) 579-5494 Web Address: www.calabashnc.net • Email: townofcalabash@of".p N E D DCM WILMINGTON, NC OCT 2 8 2005 October 26, 2005 Sarah Faircloth 633 Lakeshore Drive ' Q Sunset beach, NC 28468 NU 005 0 2 2 J RE.- RESTORATION ACCEPTANCE— CAMA VIOLATION#05-48D MOrehaacd City DCM Dear Mrs. Fai f f This letter is i ttion # 05-48D sent to you dated August 11, 2005 for the unauthorized VAt kA^ U w ihoreline Area of Environmental Concern (AEC) in or near the Calabash n your property located at 1141 River Drive in or near the Town of Calab �I li)0 ;arolina. This unauthorized activity constituted development and you were i �{ placing sod and completing the retaining wall for the septic field. In accorL_.....me norm Carolina Administrative Code, Title 15A, Subchapter 710410, any violation involving development which is inconsistent with guidelines for development with Areas of Environmental Concern (AEC) must be corrected by restoring the project site to pre -development conditions to recover lost resources or to prevent further resource damage. I conducted a site visit at the aforementioned property on October 26, 2005 to inspect the restoration of the unauthorized activity addressed in the Notice of Violation 05-48D. Based on this inspection, it has been determined that the restoration appears to have been accomplished to the satisfaction of this Division. Upon my submission of an enforcement report, you will be notified as to the amount of the civil penalty for undertaking this unauthorized activity within an Area of Environmental concern. Thank you for your attention and cooperation in this matter. If you have any questions pertaining to this matter, please feel free to call me at 910.579.0500. Sincerely, kz� Nicholas M. Smith Local Permit Officer Cc: "Gale Stenberg; Minor Permit Coordinator, DCM Jim Gregson, District Manager, DCM Roy Brownlow, Compliance Coordinator, DCM �.Lowana 0:7-Ronda Roy TOWN OF CALABASH, NORTH CAROLINA Post Office Box 4967 • 882 Persimmon Road • Calabash, NC 28467 Administration: (910) 579-6747 • Building Inspector: (910) 579-0500 • Fax: (910) 579-5494 Web Address: www.calabashne.net • Email: townofcalabash@mindspring.com CERTIFIED MAIL 7099 3220 0007 0423 84T7 NOTICE OF VIOLATION August l 1, 2005 James F. & Sarah Faircloth 633 Lakeshore Drive Sunset Beach, NC 28468 auu N 2005 D Morehead City DCM RE. NOTICE OF VIOLATION D REQUEST TO CEASE UNAUTHORIZED DEVELOPMENT CAMA MINOR VIOLATI #05.48D Dear Mr. & Mrs.. Faircloth: This letter confirms that on July 28, 2005, Ed Brooks, Division of Coastal Management and I were onsite at your property located at 1141 River Drive adjacent to Calabash River located off River Drive, in or near Town of Calabash, Brunswick County, North Carolina. The purpose of the visit was to investigate unauthorized development consisting of grading and filling and construction activity within the Coastal Shoreline Area of Environmental Concern (AEC). While on site we talked to Mr. Larry Ward and advised him that a erosion control measures needed to be immediately installed around the entire project adjacent to the estuarine shoreline and that he pass the information on to you if he talked to you.. Information gathered by the Local Permit Officer and/or the NC Division of Coastal Management shows that you have undertaken minor development in violation of the Coastal Area Management Ad 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-1 18. I have information that you have undertaken, or are legally responsible for, minor development by placing fill material, installing a new septic system and constructing a deck on the aforementioned property. This activity took place in Estuarine Shoreline AEC that is contiguous with the Calabash River. Estuarine Shoreline AEC's 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 development and contact me about this important matter. A civil assessment of up to $250 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 $250. 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 minimum civil penalty of $100.00 against all violations of this type. 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 affected and the extent of the damage to them. If restoration of the affected resources is requested, but is not Faircloth August 10, 2005 Page 2 of 3 undertaken or completed satisfactorily, a substantially higher civil penalty will be assessed and a court injunction will be sought ordering restoration. Based upon the North Carolina Administrative Code, Title 15A, Subchapter 07H. State Guidelines for Areas of Environmental Concern, the activity you have undertaken, grading and filling, installing a new septic system and constructing a deck in the Estuarine Shoreline AEC(s), is not consistent with Section 7H.0209(d)(3), which requires that all development projects, proposal and designs shall comply with the mandatory standards of the North Carolina Sedimentation Pollution Control Act of 1973. Therefore, I am requesting that proper erosion control be installed, all fill material and graded areas be stabilized by placing sod or by seeding and placing straw and that the retaining wall for the septic field be completed to minimize erosion. 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 immediate future to determine whether this REQUEST TO CEASE AND DESIST has been compiled with. I request that you contact me immediately. Thank you for your time and cooperation in resolving this important matter. 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 a civil assessment for undertaking development without first obtaining the proper permit(s). Sincerely, /�icehc las M. Smith Local Permit Officer Cc: Gale Stenberg, DCM Jim Gregson, District.Manager, DCM Roy Brownlow, Compliance Coordinator, DCM ENCLOSURE RESTORATION PLAN For James F. & Sarah Faircloth CAMA Minor Violation #05-48D Property located at 1141 River Road, Brunswick County Stabilizing the site by properly installing erosion control measures, restoring all areas of fill and grading and septic field by sodding or by seeding and placing straw and completing septic field retaining wall in the front of the property to help stabilize septic field. I, James F. & Sarah Faircloth, agree to complete this restoration to the satisfaction of the Division of Coastal Management and/or the Local Permit Officer by September 10, 2005, or provide an explanation for non-compliance and a reasonable request for time extension. When corrective actions are complete, I will notify the Local Permit Officer so the work can be inspected. SIGNATURE: DATE: It is the policy of the Coastal Resources Commission to levy a minimum civil assessment of $100.00 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.