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Home My WebLink About05-15D Frieze23-Mar-05 NC DIVISION OF COASTAL MANAGEMENT ENFORCEMENT RECORD CASE STATUS CASE NUMBER LAST NAME FIRST NAME BUSINESS NAME: 11 -I 05-15D IFRIEZE, JR. IGORDON J CASE IS CLOSED NOV DATE CLOSURE DATE AFFLILIATION SECTOR Previous Violations in Same AEC PROPERTY OWNE PRIVATE ❑ for Similar Activities 3/8/2005 MAILING ADDRESS CITY STATE ZIP CODE PHONE NUMBER POB 1328 ] WRIGHTSVILLE INC 28480- 1 PROPERTY ADDRESS COMMUNITY WATERBODY NEAREST ROAD PINE HAMMOCK RD ISNEADS FERRY 1 AIWW F- DISTRICT OFFICE COUNTY DCM REPRESENTATIVE LPO CONTACT WIRO JONSLOW DAIL I VIOLATION TYPE MAJOR CAMA AEC TYPE CS, ORW NATURE OF VIOLATION Unauthorized major development by commencing land disturbing activities within the CS AEC and the 575' ORW area adjacent to Mill Creek and Alligator Bay. (- RESTORATION STATUS ---- ----- I ❑ RESTORATION NOT REQUIRED ❑ RESTORATION NOT REQUIRED ❑ RESTORATION NOT REQUIRED [J] RESTORATION PENDING CONTRACTOR PERMITTABLE DEVELOPMENT FURTHERIMPACTS RESTORATION REQUEST DATE COMPLETION DATE 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 -- PENALTY STATUS - ❑ PENALTY ISSUED ❑ PENALTY NOT ISSUED I 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 (SO. FT.) F AMOUNT OF RESTORED AREA (SO. FT) F_ NOTES to get authorization from DWQ, LOS, and USACE for the existing d with further development. to CAMA Major to � GA►` 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 28, 2005 — ' Gordon P. Frieze, Jr. 04 PO Box 1328 0A Wrightsville Beach, NC 28480 ��' �Uf ` ,,:✓ Cy z RE. Payment of Proposed PenaltyjorViolationsoftheCoastalAreaManagementAct,Onslow. County CAMA Violation #05-15D Dear Mr. Frieze: This letter will acknowledge receipt of Check 47987, provided on behalf of Applied Resource Management, in the amount of $350.00, and dated April 26, 2005. Once the amount of the check is credited to the Department of Environment and Natural Resources' account, this matter will be ful ly and completely closed. If you have any further questions concerning this matter, please contact me at my Wilmington Regional office, 910-395-3900. I onanager on Regional Office cc: Roy Brownlow, DCM WIRO Copy NCDENR'` North Carolina Department of Environment and Natural Resourc Division of Coastal Management Michael F. Easley, Governor Charles S. Jones, Director ,William G. gpss Jr., Secretary 10�J April 21, 2005 oc�, U� CERTIFIED MAIL 7002 2410 0003 1721 2152 Lj� RETURN RECEIPT REQUESTED ®C� Gordon P. Frieze, Jr. PO Box 1328 Wrightsville Beach, NC 28480 RE: CAMA VIOLATION #05-15D Dear Mr. Frieze: This letter is in reference to the Notice of Violation that Jason Dail, representative for the Division of Coastal Management, sent to you on 3/08/05, for land disturbing activities within the Estuarine Shoreline Area of Environmental Concern (AEC) at your property, located along Pine Hammock Road, Onslow County. The violation involved the Estuarine Shoreline, which is an Area of Environmental Concern designated by the Coastal Resources Commission. Based upon the site visit conducted on 4/20/05 by Jason Dail, 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. This is 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 civil penalty in the amount of $350.00 is appropriate for this violation. Therefore, a $350.00 penalty is informally proposed against you. You may expeditiously resolve this matter at this time by accepting responsibility for the violation, waiving your right to an administrative hearing, and paying the amount proposed above. In order to do this, you must: (1) sign one of the attached copies of a "Waiver of Right to an Administrative Hearing and Agreement to Pay Civil Assessment;" (2) attach a check or money order for $350.00 made payable to the North Carolina Department of Environment and Natural Resources (NCDENR); and, (3) return the signed waiver 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. 127 Cardinal Drive Ext., Wilmington, North Carolina 28405-3845 Phone: 910-395-39001 FAX: 910-350-20041 Internet: www.nccoastalmanagement.net An Equal Opportunity 1 Affirmative Action Employer - 50% Recycled 110% Post Consumer Paper 13. Frieze 4/21/05 Page 2 of 3 If you do not send a signed waiver 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. Sincerely, J m regson, Dist et Manager, DCM Enclosures cc: MHC office, Ted and Roy, DCM Jason Dail, DCM 127 Cardinal Drive Ext., Wilmington, North Carolina 28405.3845 Phone: 910-395.3900 \ FAX: 910-350-2004 \ Internet: www.nccoastaimanagement.net An Equal Opportunity \ Affirmative Action Employer— 50% Recycled \ 10% Post Consumer Paper [G.Frieze 4/21/05 Page 3 of 3 CAMA VIOLATION #05-15 WAIVER OF RIGHT TO ADMINISTRATIVE HEARING AND 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 $350.00 against me for violation of the Coastal Area Management Act, NCGS 113A-100 et sec, committed on or near my property Pine Hammock Road in Onslow County, North Carolina. I also understand that I have a right under G.S. I I 3A- 126(d)(3) and 150B-23 to a quasi-judicial administrative hearing on the alleged violation and proposed civil penalty. 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 3/08/05, voluntarily waive my legal right to an administrative hearing, and agree to pay the civil assessment of $350.00. I understand that in doing so, I also hereby foreclose any right of appeal to the Superior Court of North Carolina. DATE SIGNATURE ADDRESS TELEPHONE NUMBER A&C s' PQ W.;- e ,bib NCDENR North Carolina Department of Environment and Natural Resources Division of Coastal Management Michael F. Easley, Governor Charles S. Jones, Director Williax G. Ross Jr., Secretary NOTICE OF VIOLATION 03/08/05 CERTIFIED MAIL 70041160 0004 4619 7046 RETURN RECEIPT REQUESTED Gordon P. Frieze Jr. PO Box 1328 Wrightsville Beach, NC 28480 REQUEST TO CEASE UNAUTHORIZED DEVELOPMENT CAMA VIOLATION # 05-15D Dear Mr. Frieze: This letter confirms that on 03/02/05, I met onsite with you, Ellen Cornette and Don Rhine, at your property located along Pine Hammock Road, adjacent to the Atlantic Intracoastal Waterway (AIWW) located in or near Mill Creek and Alligator Bay, in Sneads Ferry, Onslow County. The purpose of the visit was to discuss development activities associated with the proposed Mimosa Bay subdivision. Information gathered by the Division of Coastal Management staff 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.) 113-118. Information I have indicates you have undertaken or are legally responsible for development, specifically land disturbance activities within the 575' Area of Environmental Concern (AEC), on the aforementioned property. These activities took place along the Coastal Shoreline AEC that is contiguous with the waters of Mill Creek and the Atlantic Intracoastal Waterway. Additionally, the waters of Alligator Bay Sound are classified as Outstanding Resource Waters (ORW) by the Division of Water Quality, and development within 575' from normal high water (NHW) in areas adjacent to ORW's require a CAMA permit. No permit was issued for the work in this area. Based on these findings, I am initiating an enforcement action by issuing this Notice of Violation for violation of the CAMA. 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). Mr. Frieze Page Two 03/08/05 It is the policy of the Coastal Resources Commission to levy a minimum civil assessment of $350.00 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. In order to determine if the aforementioned development activity may have been permitted via the CAMA Permit process and to determine if the activity is consistent with the North Carolina Administrative Code, Title 15A, 7H. State Guidelines for Areas of Environmental Concern, I am requesting that you provide me with the following: 1.) Documentation from the Division of Water Quality (401 Section), Sedimentation and Ersoion Control, Land Quality Section and the U.S. Army Corp of Engineers, stating that they have no objection to the development activities that have occurred to date at the property located along Pine Hammock Road, in Sneads Ferry, Onslow County. The contact persons are Noelle Lutheran or Joanne Steenhuis, Janet Russell (LQS) and Henry Wicker (USACE), respectively. 2.) Upon request by DCM, you must be able to 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 may provide confirmation that 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 ten (10) days of receipt of the notice and shall indicate that no response from them will be interpreted as not having any objections. 3.) You must apply for and obtain a CAMA Permit before undertaking any other development in any Area of Environmental Concern in accordance with N.C.G.S 113A-118 and the North Carolina Administrative Code, Title 15A, 07J.0201. 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. Mr. Frieze Page Three 03/08/05 I �l Thank you for your time and cooperation in reswj�hgjkgp B9ttgA If you have any questions about this or related matters, please call me at (91 395-3900. Pending your submission of the requested documentation and proof of notification to the adjacent riparian property owners, you will be notified as to the amount of a civil assessment for undertaking development without first obtaining the proper permit(s). Sincerely, i ason Dail CAMA Express Permit Coordinator cc: Ted Tyndall, Assistant Director, DCM Jim Gregson, District Manager, DCM Roy Brownlow, Compliance Coordinator, DCM Janet Russell -Wilmington, LQS Henry Wicker, USACE Noelle Lutheran, DWQ RESTORATION PLAN For Gordon Frieze Property Property located along Pine Hammock Road, adjacent to Alligator Bay and Mill Creek in Sneads Ferry, Onslow County Please provide the requested information indicated in this letter as resolution for the above referenced violation. I, Gordon Frieze, agree to resolve this violation by provide the above referenced information. I agree to complete this restoration to the satisfaction of the Division of Coastal Management by 3/29/05, or provide an explanation for non-compliance and a reasonable request for time extension. SIGNATURE: DATE: It is the policy of the Coastal Resources Commission to levy a minimum civil assessment $350.00 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. 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 03/08/05 CERTIFIED MAIL 70041160 0004 4619 7046 RETURN RECEIPT REQUESTED Gordon P. Frieze Jr. PO Box 1328 Wrightsville Beach, NC 28480 REQUEST TO CEASE UNAUTHORIZED DEVELOPMENT CAMA VIOLATION # 05-15D Dear Mr. Frieze: This letter confirms that on 03/02/05, I met onsite with you, Ellen Cornette and Don Rhine, at your property located along Pine Hammock Road, adjacent to the Atlantic Intracoastal Waterway (AIWW) located in or near Mill Creek and Alligator Bay, in Sneads Ferry, Onslow County. The purpose of the visit was to discuss development activities associated with the proposed Mimosa Bay subdivision. Information gathered by the Division of Coastal Management staff indicates that you have undertaken major development in violation of the Coastal Area Management Act (LAMA). 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.) 113-118. Information I have indicates you have undertaken or are legally responsible for development, specifically land disturbance activities within the 575' Area of Environmental Concern (AEC), on the aforementioned property. These activities took place along the Coastal Shoreline AEC that is contiguous with the waters of Mill Creek and the Atlantic Intracoastal Waterway. Additionally, the waters of Alligator Bay Sound are classified as Outstanding Resource Waters (ORW) by the Division of Water Quality, and development within 575' from normal high water (NHW) in areas adjacent to ORW's require a CAMA permit. No permit was issued for the work in this area. Based on these findings, I am initiating an enforcement action by issuing this Notice of Violation for violation of the CAMA. 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). :J Mr. Frieze Page Two 03/08/05 It is the policy of the Coastal Resources Commission to levy a minimum civil assessment of $350.00 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. In order to determine if the aforementioned development activity may have been permitted via the CAMA Permit process and to determine if the activity is consistent with the North Carolina Administrative Code, Title 15A, 7H. State Guidelines for Areas of Environmental Concern, I am requesting that you provide me with the following: 1.) • Documentation from the Division of Water Quality (401 Section), Sedimentation and Ersoion Control, Land Quality Section and the U.S. Army Corp of Engineers, stating that they have no objection to the development activities that have occurred to date at the property located along Pine Hammock Road, in Sneads Ferry, Onslow County. The contact persons are Noelle Lutheran or Joanne Steenhuis, Janet Russell (LQS) and Henry Wicker (USACE), respectively. 2.) Upon request by DCM, you must be able to 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 may provide confirmation that 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 ten (10) days of receipt of the notice and shall indicate that no response from them will be interpreted as not having any objections. 3.) You must apply for and obtain a CAMA Permit before undertaking any other development in any Area of Environmental Concern in accordance with N.C.G.S 113A-118 and the North Carolina Administrative Code, Title 15A, 07J.0201. 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. Mr. Frieze Page Three 03/08/05 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. Pending your submission of the requested documentation and proof of notification to the adjacent riparian property owners, you will be notified as to the amount of a civil assessment for undertaking development without first obtaining the proper permit(s). Sincerely, ason Dail CAMA Express Permit Coordinator cc: Ted Tyndall, Assistant Director, DCM Jim Gregson, District Manager, DCM Roy Brownlow, Compliance Coordinator, DCM Janet Russell -Wilmington, LQS Henry Wicker, USACE Noelle Lutheran, DWQ A;Fl i� 1 8 �L�S RESTORATION PLAN For Gordon Frieze Property Property located along Pine Hammock Road, adjacent to Alligator Bay and Mill Creek in Sneads Ferry, Onslow County Please provide the requested information indicated in this letter as resolution for the above referenced violation. I, Gordon Frieze, agree to resolve this violation by provide the above referenced information. I agree to complete this restoration to the satisfaction of the Division of Coastal Management by 3/29/05, or provide an explanation for non-compliance and a reasonable request for time extension. SIGNATURE: DATE: It is the policy of the Coastal Resources Commission to levy a minimum civil assessment $350.00 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. 13-May-05 NC DIVISION OF COASTAL MANAGEMENT ENFORCEMENT RECORD CASE STATUS[ CASE NUMBER LAST NAME FIRST NAME BUSINESS NAME: —I 715D 1FRIEZE, JR. IGORDON • CASE IS CLOSED NOV DATE CLOSURE DATE AFFLILIATION SECTOR Previous Violations in Same AEC PROPERTY OWNE PRIVATE Elfor Similar Activities 3/Al2005 MAILING ADDRESS CITY STATE ZIP CODE PHONE NUMBER POB 1328 WRIGHTSVILLE NC 28480- PROPERTY ADDRESS COMMUNITY WATERBODY NEAREST ROAD PINE HAMMOCK RD SNEADS FERRY JAIWW F_ DISTRICT OFFICE COUNTY DCM REPRESENTATIVE LPO CONTACT WIRO ONSLOW JDAIL CW EW PTA �� ES Ell PTS �— VIOLATION TYPE AFFECTED AEC(S) -- MAJOR CAMA ❑ OEA ':� I HHFA j IHA ❑ PWS ❑ NCRA NATURE OF VIOLATION AEC DESCRIPTION CS, ORW Jnauthorized major development by commencing land disturbing activities within the CS AEC and the 575' ORW area adjacent to Mill Creek and Alligator Bay. [RESTORATION STATUS -- - - — -- - - - - RESTORATION REQUEST DATE COMPLETION DATE RESTORATION NOT REQUIRED - CONTRACTOR RESTORATION EXTENDED RESTORE DATE RESTORATION NOT REQUIRED - PERMITTABLE DEVELOPMENT DEADLINE RESTORATION NOT REQUIRED - FURTHER IMPACTS EXTENDED JRESTORATION PENDING ❑ REFERRED TO AG'S OFFICE - COLLECTION ❑ REFERRED TO AG'S OFFICE - INJUNCTION ASSESSMENT DATE PENALTY AMOUNT COLLECTION DATE AMOUNT COLLECTED PENALTY STATUS,, ---� - - 4/21/2005 7350 4/28/2005 $350 J' 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 UNCOLLECTIBLE PENALTY Violations Involving Adversely Impacted Resources AMOUNT OF ADVERSELY DISTURBED AREA (SO. FT.) { AMOUNT OF RESTORED AREA (SQ. FT) I NOTES ❑ FORMAL CPA ISSUED to get authorization from DWO, LOS, and USACE for the existing development in addition to LAMA Major to d with further development.