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HomeMy WebLinkAbout07-93D Crippenr rt1 r NCDENR North Carolina Department of Environment and Natural Resources Division of Coastal Management Michael F. Easley, Governor James H. Gregson, Director William G. Ross Jr., Secretary April 30, 2008 f Mr. Rex Crippen 722 Forest Hills Drive 4=+i Wilmington, NC 28403 MAY 0 7 2008 Morehead City Dcm RE: Closure Letter Payment of Proposed Penalty for Violations of the Coastal Area Management Act, Committed in New Hanover County CAMA Violation # 07-93D Dear Mr. Crippen: This letter will acknowledge receipt of your Check # 2430, in the amount of $350.00, dated April 29, 2008. 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) 796-7266. Sincerely, Steven H. Everhart, PhD District Manager SHE/bar cc: Ted Tyndall, Assistant Director Roy Brownlow, Compliance Coordinator WIRO File Copy 127 Cardinal Drive Ext., Wilmington, North Carolina 28405-3845 Phone: 910-796-7215FAX: 910-395-3964 \ Internet: www.nccoastalmanagement.net An Equal Opportunity 1 Affirmative Action Employer— 50% Recycled 110% Post Consumer Paper Mr. Crippen April 25, 2008 Page 3 CAMA VIOLATION #07.93D Mr. Rex Crippen 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 at 8300 River Road in New Hanover 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 letterdated October 17, 2008, and agree to pay the proposed civil assessment of $350. 4 DATE SIGNATURE ADDRESS 1j cry gl d Axi T�s . TELEPHONE NUMBER RECEIVED APR 3 0 2008 DCM WILMINGTON, INC 127 Cardinal Drive Ext., Wilmington, North Carolina 28405-3845 Phone: 910-796-72151 FAX: 910-395-39641 Internet: www.necoastalmanagement.net An Equal Opportunity 1 Affirmative Action Employer— 50% Recycled 110% Post Consumer Paper © CJ> NCDENR North Carolina Department of Environment and Natural Resources Division of Coastal Management Michael F. Easley, Governor James H. Gregson, Director William G. Ross Jr., Secretary April 25, 2008 CERTIFIED MAIL 7007 0220 0000 8224 6499 RETURN RECEIPT REQUESTED Rex Crippen 722 Forest Hills Drive Wilmington, NC 28403 RE: CANAVIOLATION#07-93D Dear Mr. Crippen: A P R 2 8 2008 Morehead City DcM This letter is in reference to the Notice of Violation dated October 17, 2007 that Tara Croft, representative for the Division of Coastal Management, issued to you for unauthorized development of pier construction within an adjacent dparian corridor at 8300 River Road adjacent to the Cape Fear River located in Wilmington, New Hanover County. The violation involved the Estuarine Shoreline AEC which is an Area of Environmental Concern designated by the Coastal Resources Commission. Based upon the site visit conducted on April 10, 2008 by Tara Croft and Jason Dail, the restoration requested appears to be complete to the satisfaction of the Division of Coastal Management. At the time this investigation began, the Coastal Area Management Act provided that a civil assessment of up to $2,500 could 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 Resources Commission at the time this investigation began, a proposed civil penalty in the amount of $350 was 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. If you do not send a signed agreement and payment to this office within ten (10) days, the Directo r 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.nccoastalmanagement.net An Equal Opportunity 1 Affirmative Action Employer— 50% Recycled 110% Post Consumer Paper r Mr. Crippen April 25, 2008 Page 2 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) 796-7215. Sincerely, Steven H. Everhart, PhD District Manager SHEItc Enclosures cc: Roy Brownlow, Compliance Coordinator, DCM Wilmington DCM Files Ann Hines - Local Permitting, NHCo 127 Cardinal Drive Ext., Wilmington, North Carolina 28405-3845 Phone: 910-796-72151 FAX: 910-395-39641 Internet: www.nccoastalmanagement.net An Equal Opportunity 1 Affirmative Action Employer— 50% Recycled 110% Post Consumer Paper Mr. Crippen April 25, 2008 Page 3 CAMA VIOLATION #07.93D . Mr. Rex Crippen 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 at 8300 River Road in New Hanover 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 October 17, 2008, and agree to pay the proposed civil assessment of $350. DATE SIGNATURE ADDRESS TELEPHONE NUMBER 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 M V01� Is Field Rep. LPO _ LPJ TRACKING REPORT Violation Base No. U —q 1b � A B i D Violated Permit No._�a 6 (if applicable) Violation Description Was activity permittable? Yes / No Initial Discovery Date jscovery Method Violation Des�ion �Ar VIC ,J 1, M477 Respondent Informat" Prior Violations in same AEC: Yes / No Case Number -01' Respondent Name(s) -, Address. . Phone # Email _ Violation Type: I_' No Permit Permit Condition u Expired Permit Inconsistent wl Rules Project Type: Xs Private/Community Govt./Public Commercial City. Fax ;# �Authorizations Required: C Major YCAMA `` Minor D&F General Site Visits Respondent 0 Pre�nt Zip Site Visits Respondent Present Violation Location and Site Description Rover File Project Location: County Street Address/ `\ U U Shoreline Length State Road/ Lot m(s)_ Y SAV: Not Sure Yes o Sandbags: Not Sure Yes No Subdivision PNA: No Adjacent City �v� ZIP ORW" Yes � Adjacent --L . Yes No Phone # (._) fiver Basin Photos s Photos Yes No Adj. Wtr. Body _ a / /unkn Waiver Required Yes No Closes[ Maj. Wtr. Body s I In DWQ Buffer Area Yes No Specify DWQ Buffer if applicable: Restoration IIyy �j NOV Date 'v 1 Initial Req. Comp. Date CNOV Date .. Date Comp. Observed Penalty Assessment V Sent to Respondent Date 4LL%'l i / Rcvd. by Dist. Mgr. Date Assessment Extended Yes No Extension Granted Yes No Restoration Letter i� Acceptance Date ! .l 71.0409 Ref. Recomm. Assess. j DCM Assess. j LApp./Permit Fee g Penalty L g I LTD — s I Willful/Intent g is i Continuing g i is Other $ — g Total�� j It 0 Formal Assessments, Appeals and Reductions Date Long Form Submitted Date Formal CPA Submitted Assessment Appealed Yes No Final Assessment $ .ate Penalty modified Attorney General's Office for Injunction or Formal Collection Date sent to AG Respondant not responsive to penalty(NOV _ Injunction to complete restoration Date Collection Let. Sent _ Date Demand Let. Sent --urnuun HCLlvltles and IMDacts AECs Affected: CW EW PT ES PTS OEA HHF PWS: FC.' Other: —� Restoration Required by the Respondent Yes No =_nsionsin excess unauthorized activiriac i NOTES: Payment Received Wetlands Impacted? Yes No If yes, which types: SA DS-Cl Sy 1R. LS - -Ty:._ SS SC SP IF BF 404 Dimensions to restore Final dimensions Date Case Closed r NCDENR North Carolina Department of Environment and Natural Resources Division of Coastal Management Michael F. Easley, Governor James H. Gregson, Director William G. Ross Jr., Secretary April 21, 2008 Rex Crippen 722 Forest Hills Drive Wilmington, NC 28403 RE: RESTORATION ACCEPTANCE - CAMA VIOLATION #07-93D Dear Mr. Crippen This letter is in reference to the Notice of Violation # 07-93D sent to you dated October 17, 2007 for the unauthorized development of pier construction within an adjacent riparian corridor within the Estuarine Shoreline in the Cape Fear River. The violation took place on your property located at 8300 River Road adjacent to the Cape Fear River located in Wilmington, New Hanover County, North Carolina. This unauthorized activity constituted development and you were requested to submit a surveyed riparian corridor drawing for both properties in question and provide a plan to bring the pier into compliance within the established surveyed corridor line. In accordance with the North Carolina Administrative Code, Title 15A, Subchapter 710410, any violation involving development which is inconsistent with guidelines for development within 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 April 10, 2008 to inspect the restoration of the unauthorized activity addressed in the Notice of Violation 07-93D. Based on this inspection, it appears the restoration is 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) 796-7215. Sincerely, Tara Cron Compliance and Enforcement Representative cc: Roy Brownlow, Compliance Coordinator, DCM Steven H. Everhart, PhD, District Manager, DCM Wilmington DCM files Ann Hines - LPO 127 Cardinal Drive Ext., Wilmington, North Carolina 28405-3845 Phone: (910) 796-72151 FAX: 910-395-39641 Internet: www.nccoastalmanagement.net An Equal Opportunity 1 Affirmative Action Employer— 50% Recycled 110% Post Consumer Paper Y -DC it Field R LPO LPJ_ M ENFORCEMENT ;, -Ew(A , 0 4 Isy Violation Description Initial Discovery Date Violation Description Respondent Name(s) Address / O^a _ Phone Email . Violation Type: No Permit Permit Condition Expired Permit ❑ Inconsistent w/ Rules TRACKING REPORT Violation Base No. ti , q A B C D Violated Permit No. (if appllcoble) Was activity permittable? Yes / No Prior.Violations in same AEC: Yes / No Project Type: Private/Community Govt./Public Commercial City. Fax # - Authorizations Required: Major YCAMA Minor D&F General Violation Location and Site Description Project Location: County ' Street Address/ State Road/ Lot #(s) U Y Subdivision . City ZIP L Phone # (._)_}River Basin Adj. Wtr. Body _ Q eUA� jl (_�� n n /unk Closest Maj. Wtr. Body �t Restoration to �j NOV Date n 0 1 CNOV Date -_ Penalty Assessment Sent to Respondent Date Case Site Visits Respondent Prjnt Zip Site Visits Respondent Present Rover File _J�/IJJ�tq/- Shoreline Length 7 I lllJ t SAV: Not Sure Yes a Sandbags: Not Sure Yes No PNA: 0 No Adjacent ORW: Ya 0 Adjacent Crit. Hab. Yes No Photos Yes No Waiver Required Yes No In DWO Buffer Area Yes No Specify DWQ Buffer if applicable: _, Initial Req. Comp. Date Extension Granted Yes No Restoration Letter Date Comp. Observed - Acceptance Date _ 7.1.0409 Ref. , Recomm. Assess. i DCM Assess. App./Permit Fee $ $ RcvPenalty $ $d. 6y Dist. Mgr. Date I I Assessment Extended Yes No Willful/Intent. $ ! $ Continuing g $ Other $is Total Formal Assessments, Appeals and Reductions Date Long Form Submitted Date Formal CPA Submitted Assessment Appealed Yes No Final Assessment $ -Date Penalty modified Attnrn.,, vtnce for Injunction or Formal Collection Date sent to AG i - -� Respondant not responsive to penalty/NOV Injunction to complete restoration Date Collection Let. Sent ---- Date Demand Let, Sent __ — Violation Activities and Impacts AECs Affected: CW EW PTA ES PTS Wetlands Impacted? Yes / No If yes, which types: PWS;OEA ,HHF IH SA DS Cl �R �S Other. FC SS SC SID IF BF Ty 404 Restoration Required by the Respondent s / No I Dimensions in excess of permit/ unauthorized activities;' . Dimensions to restore Final dimensions Development Activities allowed Actually restored Habitat Description " -' `-' ' — NOTES: Payment Received Date Case Closed kCww (r9d j t) iJ 0-7-qqp £luc eu ©F'-�� NCDENR North Carolina Department of Environment and Natural Resources Division of Coastal Management Michael F. Easley, Governor James H. Gregson, Director William G. Ross Jr., Secretary NOTICE OF VIOLATION October 17, 2007 CERTIFIED MAIL 7007 0220 0000 8224 5294 RETURN RECEIPT REQUESTED Rex Crippen 722 Forest Hills Drive Wilmington, NC 28403 RE:VIOLATION(S) OF CAMA MAJOR DEVELOPMENT PERMIT No. 48342 CAMA VIOLATION#07.93D Dear Mr. Crippen: This letter confirms that on October 16, 2007 Robb Mairs, Field Representative, was onsite at your property located at 8300 River Road adjacent to the Cape Fear River located in or near Wilmington, New Hanover County, North Carolina. The purpose of the visit was to investigate unauthorized development within the Cape Fear River. Upon arrival he discovered the unauthorized development of your pier construction within an adjacent riparian corridor. On October 8, 2007, we received a phone call initially reporting the unauthorized development. Our meeting on October 12, 2007 in this office confirmed the unauthorized pier location. Information gathered by me for the NC Division of Coastal Management shows that you have violated the terms or conditions of State Permit. No. 48342 which was issued to you by the Coastal Resources Commission and the North Carolina Department of Environment and Natural Resources. I hereby request that you immediately CEASE AND DESIST such violation(s) and comply with the terms and conditions of the above permit. On June 11, 2007, State Permit No. 48342 was issued to you for construction of a new pier and platform within the Cape Fear River on property located in New Hanover County, North Carolina, off River Road. This permit was issued for a CAMA Major Development in an Area of Environmental Concern, in accordance with North Carolina General Statutes (N.C.G.S.) 113A-1 18. This permit included the following terms and conditions(s): 1. 15A NCAC 07H.1205(o) states (in part) that piers, docks and boathouses shall not interfere with access to any riparian property, and shall have a minimum setback of 15 feet between any part of the pier and the adjacent property lines extended into the water at the points that they intersect the shoreline. The minimum setbacks provided in the rule may be waived by the written agreement of the adjacent riparian owner, or when two adjoining riparian owners are co -applicants. For the following reasons, you are in violation of the above terms and conditions(s) of your permit: 1. Development of your pier crossed into an adjacent riparian corridor. The pier also crossed beyond the 15' setback without authorization from the adjacent riparian property owner. If the terms and conditions of a permit are not complied with, the permit is null and void from the date of its issuance. To comply with the terms and condition(s) of the permit issued to you, you must: 1. Provide confirmation that a written statement has been obtained, signed by the adjacent riparian property owner, indicating that they have no objection to the pier encroachment and completed work; or 127 Cardinal Drive Ext., Wilmington, North Carolina 28405-3845 Phone: (910) 796-7215\ FAX: 910-350-2004 \ Internet: www.nccoastalmanagement.net An Equal Opportunity \ Affirmative Action Employer— 50% Recycled \ 10% Post Consumer Paper Mr. Crippen October 17, 2007 Page 2 of 3 2. Submit a surveyed riparian corridor drawing for both properties in question and provide a plan to bring the pier into compliance within the established surveyed corridor line. 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. A civil penalty of up to Twenty -Five Hundred Dollars ($2500) may be assessed, or an injunction or criminal penalty may be sought against any person who violates a CAMA Major Development permit. It is the policy of the Coastal Resources Commission to assess a minimum civil penalty of $350 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 will depend on several factors, including the nature and area of the resources that were affected and the extent of the damage to them. If restoration of the affected resources is requested but is not undertaken or completed satisfactorily, a substantially higher civil penalty will be assessed and a court injunction will be sought ordering restoration (N.C.G.S. 11 3A-1 26). 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. 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) 796-7215. 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 failure to act in accordance with the terms, conditions, or requirements of such permit. Sincerely, Tara Croft Compliance and Enforcement Representative cc: Roy Brownlow, Compliance Coordinator, DCM Steven H. Everhart, PhD, District Manager, DCM Robb Mairs, Field Representative, DCM Ann Hines - LPO ENCLOSURE 127 Cardinal Drive Ext., Wilmington, North Carolina 28405-3845 Phone: (910) 796-7215\ FAX: 910-350-2004 \ Internet: www,nccoastalmanagement.net An Equal Opportunity \ Affirmative Action Employer — 50% Recycled 110% Post Consumer Paper Mr. Crippen October 17, 2007 Page 3 of 3 RESTORATION PLAN For Rex Crippen Property CAMA Violation No. 07-93D Property located at 8300 River Road, New Hanover County 1. Provide confirmation that a written statement has been obtained, signed by the adjacent riparian property owner, indicating that they have no objection to the pier encroachment and completed work. If the aforementioned cannot be satisfied, the portion of the pier that encroaches beyond the riparian corridor must be removed. 2. If permission is not given provide a riparian corridor survey and a plan to bring the pier into compliance with the established surveyed corridor line. I, Rex Crippen, agree to complete this restoration to the satisfaction of the"Division of Coastal Management (DCM) by November 17, 2007, or provide an explanation for non-compliance and a reasonable request for time extension. When corrective actions are complete, I will notify the DCM. 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. 127 Cardinal Drive Ext., Wilmington, North Carolina 28405-3845 Phone: (910) 796-72151 FAX: 910-350-20041 Internet: www.nccoastaimanagement.net An Equal Opportunity 1 Affirmative Action Employer — 50% Recycled 110% Post Consumer Paper ,DCM ENFORCEMENT TRACKING REPORT ` pp `r ss Violation Base No. Field Reel \ �,U LPO LPJ Violated Permit No. - (if applicable) , Violation Description Initial Discovery Date Violation Description Respondent N^^am'''��e(s))�.�,��� Address 72 C-2j� Was activity permittable? Yes / No Prior Violations in same AEC: Yes / No City Fax # Case N State_iML,,, Zip Email Violation Type: Project Type: Authorizations Required: Site Visits Respondent Site Visits Respondent ' i Pre, nt Present t,!J No Permit . _ Private/Community Major YCAMA _ �C Permit Condition _ Govt./Public i_' Minor _ U. 777i _ Expired Permit - Commercial'_! General —— . ❑ Inconsistent wl Rules — — Violation Location and Site Description Rover File 0 f Project Location: County Shoreline Length 7 I Street Address/ State Road/ Lot #(s) 11ll _ U V Y SAV: Not Sure Yes o Sandbags: Not Sure Yes No Subdivision Adjacent PNA: .. (9 City. 1 Zip �No ORW: Yes Cl Adjacent_ Cfit. Hab. Yes No Phone # (__) River Basin . Photos Yes No f Adj. Wtr. Body_ PIA na a 6 k Waiver Required Yes No Closest Maj. Wtr. Body t t In DWQ Buffer Area Yes No Specify DWQ Buffer if applicable: . Restoration ' 1 � t —j l @ Initial Req. Comp. Date '� —1 Extension Granted Yes No NOV Date t Restoration Letter CNOV Date Date Comp. Observed Acceptance Date Penalty Assessment 710409 Ref. Recomm. Assess. I DCM Assess. Sent to Respondent Date App./Permit Fee $ $ Penaltygr. . $ $ Rcvd. 6y Dist. MDate 1 Assessment Extended Yes No Willful/Intent. $ !$ i Continuing $ is Other -$ $ Total Formal Assessments q \ ppeals and Reductions Date Long Form Submitted _ Date Formal CPA Submitted Assessment Appealed Yes No Final Assessment $ Penalty modified Attorney General's Office for Injunction or Formal Collection Date sent to AG _i Date Collection Let. Sent Respondant not responsive to penalty/NOV f_ Injunction to complete Violation Activities Date Demand Let. Sent - restoration and Impacts AECs Affected: ClN HH PTA ES OEA HHF PTS Wetlands Impacted? Yes / No If yes, which types: IH .. Other FC'� SA DS SS SC SP SY JR IF BF LS TY 404 Restoration Required by the Respondent Yes / No Dimensions in excess i of permit/ unauthorized activities,! Development Activities - . Dimensions to restore Final dimensions I iallowed Actually restored ' Habitat Descri tion NOTES: Payment Received Date Case Closed I NCDENR North Carolina Department of Environment and Natural Resources Division of Coastal Management Michael F. Easley, Governor James H. Gregson, Director William G. Ross Jr., Secretary December 11, 2007 Rex orest Forest 722 FoHills Drive Wilmington, NC 28403 DEC 1 7 2007 RE: SECOND RESTORATION DEADLINE EXTENSION CAMA VIOLATION CASE NO. 07-93D Morehead City DCM Dear Mr. Crippen: j N A This letter confirms your 4request nal time to restore the state permit violation that you are legally responsible for within th stuarine Water and Public Trust Area AECs adjacent to the Cape Fear River at yourcated at 8300 River Road in New Hanover, North Carolina. Notice of Violation case number 07-93D was issued to you on October 17, 2007 for the unauthorized work and requested restoration. Based on our December 10, 2007 phone conversation and the circumstances surrounding this case, your second request to extend the restoration time limit is approved in order to allow you additional time to comply with the requested restoration. The restoration time limit is extended to January 17, 2008. Please note that this extension is for a thirty (30) day period. The requested restoration must be performed to the satisfaction of the Division of Coastal Management by the date indicated. Thank you for your cooperation in resolving this important matter. If you have any questions about this or related matters, please call me at (910) 796-7215. Sincerely, Tara Croft Compliance and Enforcement Representative Cc: Steven H. Everhart, PhD, District Manager, DCM Roy Brownlow, Compliance Coordinator Wilmington Files Ann Hines - LPO 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 NCDENR North Carolina Department of Environment and Natural Resources Division of Coastal Management Michael F. Easley, Governor James H. Gregson, Director William G. Ross Jr., Secretary November 14, 2007 Rex Crippen 722 Forest Hills Drive Wilmington, NC 28403 RE: RESTORATION DEADLINE EXTENSION CAMA VIOLATION CASE NO. 07.93D Dear Mr. Crippen: F �.m NOV 2 0 2.0u1 Morertea4 City DDM This letter confirms the receipt of your November 8, 2007 letter referencing the November 17 limit for restoring the state permit violation that you are legally responsible for within the oastal Water Estuarine Water and Public Trust Area AECs adjacent to the Cape Fear River at your prope y oca ed at 8300 River Road in New Hanover, North Carolina. Notice of Violation case number 07-93D was issued to you on October 17, 2007 for the unauthorized work and requested restoration. Based on our November 8, 2007 phone conversation and the circumstances surrounding this case, your request to extend the restoration time limit is approved in order to allow you additional time to comply with the requested restoration. The restoration time limit is extended to December 17, 2007. Please note that this extension is for a thirty (30) day period. The requested restoration must be performed to the satisfaction of the Division of Coastal Management by the date indicated or provide an explanation for non- compliance and a reasonable request for a time extension. Thank you for your cooperation in resolving this important matter. If you have any questions about this or related matters, please call me at (910) 796-7215. Sincerely, �" Ct Tara Croft Compliance and Enforcement Representative Cc: Steven H. Everhart, PhD, District Manager, DCM Roy Brownlow, Compliance Coordinator Wilmington Files Ann Hines - LPO 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