15-01D Futch

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PYV
A A
NCDENR
North Carolina Department of Environment and Natural Resources
Pat McCrory
Governor
CERTIFIED MAIL 7011 0110 0000 9947 2390
RETURN RECEIPT REQUESTED
January 16, 2015
Mr. Wayne Futch
6107 Sidbury Road
Castle Hayne, NC 28429
RE. STOP WORK ORDER AND NOTICE OF FAILURE TO APPLY FOR CAMA PERMIT
CASE #15-01D
Dear Mr. Futch:
Donald R. van der Vaart
Secretary
This letter confirms that on January 15, 2015, Jason Dail, Field Representative, and I met you onsite at
your property located at lot 63 on West Creekview Land in Deerfield adjacent to Mill Creek located in
Hampstead, Pender County, North Carolina. The purpose of the visit was to investigate unauthorized
development of pier replacement within the Estuarine Water and Public Trust Areas of Environmental
Concern.
Information gathered by me shows that you are undertaking major development and no CAMA Major
Development Permit has been issued for this development activity. No person may undertake major
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-118.
I have information that you are undertaking, or are legally responsible for, creation of a second water
access on the aforementioned property. This activity is taking place in Estuarine Water and Public Trust
that are contiguous with Mill Creek. Estuarine Water and Public Trust areas are designated as Area(s) of
Environmental Concern (AEC).
You are hereby requested to STOP WORK IMMEDIATELY and file the necessary application with this
office for a CAMA Major Development Permit by January 30, 2015. NO WORK MAY PROCEED UNTIL A
PERMIT IS ISSUED. If you comply voluntarily, no further action may be necessary beyond the issuance of
a permit. If the permit is denied, the portions of the unauthorized pier structure that have been replaced
shall be removed.
RECEIVED
127 Cardinal Drive Ed., Wilmington, North Carolina 28405,3845 JAN ! J 7w
Phone: [phone]\ FAX: 910-395,3964 \ Internet: www.nccoastalmanagement.net
An Equal Opportunity \ Affirmative Action Employer— 50% Recycled \ 10% Post Consumer Paper DCi�r MWI pry

Mr. Wayne Futch
January 16, 2015
Page 2 of 2
the Act and you may be subject to civil and/or criminal penalties as provided by North Carolina General
Statute (NCGS) 113A-126. 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 $10,000. An
injunction or criminal penalty may also be sought to enforce any violation in accordance with NCGS 113A-
126.
In this case, there will be no assessment levied against you. However, if you continue to violate the Coastal
Area Management Act, you should consider yourself forewarned and expect a civil penalty 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.
Thank you for your time and cooperation in resolving this important matter. 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 STOP WORK
ORDER has been complied with. I request that you contact me immediately.
Sincerely,
Coastal Management
Cc: Debra Wilson, District Manager, DCM
Roy Brownlow, District Compliance and Enforcement Representative, DCM
Jason Dail, Field Representative
Megan O'Hare, LPO
Tier 1
127 Cardinal Drive Ext., Wilmington, North Carolina 28405-3845
Phone: [phone]FAX, 91039539641Internet: www.nccoastalmanagement.net
An Equal Opportunity 1 Affirmative Action Employer— 50% Recycled 110% Post Consumer Paper
RECEIVED
JAN 21 2015
DCM-MHO CITY

M ENFORCEMENT TRACKING REPORT
Rep.
Rep.
Initial Discovery Date \
Violation Description
Respondent Name(s)
Address, ) LM
Prior
Discovery
Violation Case
Permit
Was activity permittable? Yes / No
Prior
Phone #. Fax #/Email
Corporate Name & Registered agent -�—
Violation Type: Project Type: Authorizations Required: Site Visits Respondent Site Visits Respondent
Present Present
IS
No Permit Pdvate/Community Major LAMA
PertnRCondkion Govt./Public � Minor 0&F
Expired Permit comme General ❑ — O
❑ n Inconsistent w/Rules Tier Level I I III El
Violation Location and Site Descr
Project Location: County
Street Address/ State Road! Lot #(s)`�
CRY
Phone # ( ): '
Adj. Wtr. Body
Closest Maj. Wtr. Body
gmesi�oratl W 4-U-
CNOV tliPltWate
Date
Penalty Assessment
Sent to Respondent Date
Rcvd. by Dist. Mgr. Date
Assessment Extended Yes No
Basin
Initial Req. Comp. Date
Date Comp. Observed
APp./Pern Fee —
Willful/intent.
Continuing
Investigative
Lat/Long _
Shoreline Length.�—
SAV: Not Sure
Yes
o
Sandbags: Not Sure
Yes
o
PNA:
Yes
o Adjacent
ORW:
Yas
Adjacent
Crit. Hab.
Yes
No
Photos
Gres)
No
v�
Waiver Required
es
No
InDWQBuffer Area
yes
o
Specify DWQ Buffer If applicable:
_
Extension Granted Yes No
Restoration Letter
Acceptance Date
7J.0409 Ref.
Recomm. Assess.
DCM Assess.
$
$tECEIVED
$ J
AN 2
$-
$
$
.Total

Formal Assessments, Appeals and Reductions
Date Long Form Submitted Assessment Appealed: Yes No
Date Formal CPA Submitted
Penalty modified
Final Assessment $ Date
Attorney General's Office for Injunction or Formal Collection
Date sent to AG q Respondent not responsive to penalty/NOV'Q Injunction to complete restoration
Date Collection Letter Sent Date Demand Letter Sent
Violation Activities and Impacts
AECs Affected: Wetlands Impacted? Yes 00
If yes, which types:
CW AA/� ES PTS
OEA HHF 'tFt" URA N/A SA DS CJ SY JR LS TY
PWS: Fc: Ss Sc SP IF BF 404
Other:
Restoration Required by the Respondent Yes / No
NOTES:
RECEIVED
Closing JAN 21 2015
Payment Received $ Date Date Case Closed IDCn4 M+" .

RECEIVED
JAN t 1 7m;
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