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HomeMy WebLinkAbout23-05D - Pirates Tale LLCROY COOPER Governor ELIZABETH S. BISER Secretary BRAXTON DAVIS Director NORTH CAROLINA Environmental Quality NOTICE OF VIOLATION 5/15/2023 CERTIFIED MAIL 7013-2630.0002-1133.7423 RETURN RECEIPT REQUESTED Pirates Tale, LLC. c/o Steven Jones 409 Lake Boone Trail Raleigh, NC 27608 RE: VIOLATION(S) OF CAMA MAJOR DEVELOPMENT PERMIT NO. 87606D CAMA VIOLATION #23-05 Dear Pirates Tale, LLC.: This letter confirms that on February 17, 2023, Robb Mairs, Minor Permit Coordinator, and I were onsite at property owned by Pirates Tale, LLC located at 8212 Bald Eagle Lane adjacent to the Atlantic Intracoastal Waterway (AIWW) located in Wilmington, off Bald Eagle Lane, New Hanover County, North Carolina. The purpose of the visit was to monitor the permitted development of a single-family docking facility with two slips adjacent to the AIWW. Information gathered by the NC Division of Coastal Management shows that Pirates Tale, LLC. has violated the terms or conditions of CAMA Major Development Permit No. 87606D which was issued to Pirates Tale, LLC by the Coastal Resources Commission and the North Carolina Department of Environmental Quality. I hereby request that Pirates Tale, LLC. immediately CEASEAND DESIST such violation(s) and comply with the terms and conditions of the above permit. On September 1, 2022, CAMA General Development Permit No. 87606D was issued to Pirates Tale, LLC. for the construction of a single-family docking facility with two slips adjacent to the AIWW within the Estuarine Waters and Public Trust Area AECs on property located in New Hanover County, North Carolina. This permit was issued for a major development in an Area of Environmental Concern, in accordance with North Carolina General Statutes (N.C.G.S.) 113A-118. This permit included the following terms and conditions(s): Permit Conditions stated that: 'Two (2) formalized slips are authorized". Based on 15A NCAC 07H .1205(r) under the General Permit piers and docking facilities shall provide docking for no more than two boats For the following reasons, Pirates Tale, LLC. is in violation of the above terms and conditions(s) of their permit: 1. The docking facility was constructed with four (4) formalized slips, including the installation of two (2) additional boat lifts. D_E Qom.- North Carolina Department of Environmental Quality Division of Coastal Management Wilmington Office 1 127 Cardinal Drive Extension I Wilmington. North Carolina 28405 rvarsmrnwxMn 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 Pirates Tale, LLC., the following Restoration is required. You must notify the adjacent riparian neighbors of the increased development and provide documentation from the United States Army Corps, and the Division of Water Resources that they have no objection to this development. If Pirates Tale, LLC. intends 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. I request that Pirates Tale, LLC. immediately CEASE AND DESIST any further development and contact me about this matter. A civil assessment of up to $10,000 plus investigative costs 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 $10,000. 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 levy a civil assessment not to exceed $10,000 plus investigative costs 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. 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, Pirates Tale, LLC. will be notified as to the amount of the civil assessment for failure to comply with the terms, conditions, or requirements of such permit. Sincerely, Kelsey Beachman Coastal Management Representative Cc: Tara MacPherson, District Manager, DCM Greg Curry, USACE Holley Snider, DWR Christine Bouffard, LPO ENCLOSURE North Carolina Department of Environmental Quality I Division of Coastal Management Wilmington Office 1127 Cardinal Drive Extension I Wilmington. North Carolina 28405 nomr owauru 910.796.7215 Gnl 54C/11V11� 0ONCOOlB PILL N'87606A e c °O DENERAL PERMIT orw +ate l� Otdoemmd. OCd.w�.d. s.... pitiww� w WwYra.♦..ao.,AOY.w,IM1.w.r.ydwrnrir.�d.,,...ww+w..r�..�+. .uiac '3M _I.i(Y) ❑dw.r,.a ❑or.w+.rrr.r..yds� d�dda. M. y,Fnnln l tone_ �a eA411 ry. Wwz rw,r.ea.rw.M � y�,I1MM J 1]T Lw� q 4nr ...SgMP +.• ❑• Ui . fa�. p• 13.e ...w .rw 0. 0. pa 0. Fl.r aww.tdr N]ddte Scold TIy.Mhgn/MtlWI ft YP�]1p(•PfMYIt rN.11:nn lnt:.:a., in lM.a] _ Ytd—+ W ��MaG ^14'W y ,�d:....w. 4r+4 _W. rJC grt,]flN� . tn�LL yr A � ca..1 +W` nnmen�et_�' 14w i 7 i» ❑TM*�••�•�w� u:..l (Y.mnrtFS ..�W Aeey 1]mnr Q�i�MJ ��•_ _ �I ([EGG Ii.o++, SiG0.00 Qtlt2 1�1%L4 �b32 .MrNNd Nw.nuw u14a trt.�e� North Carolina Department of Environmental Quality I Division of Coastal Management Wilmington Office 1 127 Cardinal Drive Extension I Wilmington, North Carolina 28405 910.796.7215 RESTORATION PLAN For Pirates Tale, LLC. Property CAMA Violation No. 23-05 Property located at 8212 Bald Eagle Lane, New Hanover County 1. Provide adjacent riparian property notifications for the increased unauthorized development. 2. Provide comments from the US Army Corps stating that they have no objection to this development. The USACE contact is Greg Currey at 910-523-1151. 3. Provide comments from the NC Division of Water Resources stating that they have no objection to this development. The DWR contact is Holley Snider at 910-796-7303 OR 4. Remove the unauthorized boatlifts and restore the docking facility to two formalized slips. I, Steven Jones, agree to complete this restoration, on behalf of Pirates Tale, L-C., to the satisfaction of the Division of Coastal Management (DCM) by June 15, 2023, or provide an explanation for non-compliance and a reasonable request for time extension. When corrective actions are complete, I will notify the DCM so the work can be inspected. SIGNATURE: DATE: It is the policy of the Coastal Resources Commission to assess a civil pent plus investigative costs against all violations. The amount assessed will depend upon several factors, including the nature and area of the resources that were affected and the extent of the damage to them. If restoration is not undertaken or satisfactorily completed, a substantially higher civil assessment will be levied and an injunction sought to require restoration. North Carolina Department of Environmental Quality I Division of Coastal Management Wilmington Office 1 127 Cardinal Drive Extension I Wilmington, North Carolina 28405 ow�*a�s+�.� 910.796.7215 RESTORATION PLAN For Pirates Tale, LLC. Property CAMA Violation No. 23-05 Property located at 8212 Bald Eagle Lane, New Hanover County for the increased unauthorized development. dating that they have no objection to this development. The iter Resources stating that they have no objection to this at 910-796-7303 the docking facility to two formalized slips. asewn 2 a, O-re�wrw�o�n. 192 "q T Y y� t0 C d E C s � O amni' 7M.Y qa Y t0 C Ln N o X O x E U w v ` C o Q z U 3 w Unauthorized boad io C p p C O .0 Wo sl.v Jones Slip#3 +' 6i0CL r tt C t0 C_ ;oun7 N O NU Z_ r- E fie V✓lam i � rN � lehalf of Pirates Tale, LLC., to the satisfaction of the Division 'ovide an explanation for non-compliance and a reasonable eomplete, I will notify the DCM so the work can be inspected. v s a civil penalty plus investigative costs against all violations. The E he nature and area of the resources that were affected and the 0 '� or satisfactorily completed, a substantially higher civil assessment C N 0 � w a m Y j N O Z U m OC O � C 0 Intent of Environmental Quality I Division of Coastal Management tm r- E 127 Cardinal Drive Extension I Wilmington, North Carolina 28405 N a. m 7�Md.Wfi m' nsxagrt NC Id _, ail Fee $4.15a mOSS Gee "�k as Pea4rM dwer) sm.wiMd St3ea MmlPwtM.e eY+eY SC3Sg�uane GWeveE Sr3SgnMMe RnVMed paawyio$0.87N1`stageend N .37 S r-1 Sent To N C3 6`neer _._.._. and"Apr. ifo:: o�lYlacx'Ra s Pt 07/05/2023 Sondra Vitoles ..._ 8208 Bald Eagle Lane Wilmington, NC 28411 l 0 Complete itaTs 1, 2, and 3. " �" ■ Print your name and address on the reverse X so that we can return the card to you. ■ Attach this card to the back of the mallplece, 9. Re or on the front if space permits. 1. dres Article Adsed to: D. Is , Sondra Vitoles 8208 Bald Eagle Lane Wilmington, NC 28411 11111111111111111III 111111111111III11111 9590 9402 6666 1060 8335 53 n. 7021 2720 0003 3112 6342 ; PS Form 3811, J0ly 2020 PSN 7530-02-OODA053 �' 1 ,4 ❑ Agent erentfrom Item t? ❑ Yes addressbelov: 'PrIGo 3. Service Type ❑ Priority Mail Express® ❑ AdWt Signature ❑ Registered Ma lo' ❑ Arita Signature Restricted D.R.IY ❑ Reeggistaed Mall Restricted ❑ Certified Mail® kt ❑ Certified Mail Resbed Delivery Da�lvery ❑ sgnature confirmations' ❑ Collecton Delivery 0 Signature Confumation ❑ Collect on Delivery Restricted Delivery Restricted Delivery 0 Insured Mal 0 Imured Mal Paatrlcted DeiNory Domestic Return Receipt RFcoVED SEP 0 9 2023 DCM WILMINGTON, NC ■ Complete items 1, 2, and 3. ■ Print your name and address on the reverse so that we can return the card to you. ■ Attach this card to the back of the mailpiece, or on the front It space permits. 1. Article AddleSsed b: Dr. Thomas Melin 20500 Ashton Drive, Suite 260 Wilmington, NC 28412 9590 9402 6666 1060 8362 26 2. Article Number fiFrensfeW)rom saedcefabea 7021 2720 0003 3112 6434 PS Pone 3811, July 2020 PSN 7530-02-000-9053 X by (Printed Name) I C. ❑ Agent --_%" k. I Ai % w D. Is delivery address different from item 17 ❑ Yes If YES, enter delivery address below: 0'160 Adult Signature ❑ PdOrity Mall Express® Ague Signature Reslrktetl pdivery ❑ Registered Mellen ❑ Registered Mail Restricted canned Mail® Delivery Certifled Ma Restricted calvary ❑ sigrature Conff megon,,a collect m DelN6ry ❑ Signature Conrinlatlon Culled On Ddivery Restricted Delivery Restricted Delivery Inured Mal Insured Mal Restricted Del" Domestic Return Receipt RECtiVED SEP 2 2 2023 DCM WILMINGTON, NC Beachman, Kelsey From: Snider, Holley Sent: Thursday, July 27, 2023 10:13 AM To: debbiew75@charter.net Cc: MacPherson, Tara; Beachman, Kelsey Subject: RE: [External] FW: CAMA NOV Follow Up Flag: Follow up Flag Status: Flagged The Division of Water Resources has no objection to the resolution of the CAMA NOV. Holley Snider.•'-'•.,><((((°>• ><((((°>.•" Environmental Specialist II Division of Water Resources North Carolina Department of Environmental Quality Phone: (910)796-7303 *please note my email address has changed hollev.sniderCla dea.nc.aov* rvoni.��:.rr„I \\\��ry\\\10, Oepc�lmiml nt Fmuwmnlal A W 1� 127 Cardinal Drive Ext. Wilmington, NC 28405 From: debbiew75@charter.net <debbiew75@charter.net> Sent: Thursday, July 20, 2023 8:45 PM To: Snider, Holley <holley.snider@deq.nc.gov> Cc: MacPherson, Tara <tara.macpherson@deq.nc.gov>; Beachman, Kelsey <kelsey.beachman@deq.nc.gov> Subject: [External] FW: CAMA NOV CAUTION: External email. Do not click links or open attachments unless verified. Report suspicious emails with the Report Message button located on your Outlook menu bar on the Home tab. Holley, I sent the below message to you on June 29th and I have not received a response from you and we are trying to finalize this NOV. I've also attached the CORPS response from Greg for you. Please let me know if you need anything else and how this can be handled moving forward. Thank you, Debbie ----------Forwarded Message ---------- From: <debbiew75Cdcharter.net> Reply -To: <debbiew75@charter.net> To: "'Gregory.E.Currey@usace.army.mil"' <Gregory.E.Currey@usace.army.mil>, "'holley.snider@ncdenr.gov"' <holley.snider ncdenr.gov> Sent: Thu, Jun 29 2023 01:08 PM Subject: CAMA NOV Hey Greg and Holley, I'm working with Steven Jones who owns 8212 Bald Eagle Lane in New Hanover County and trying to get the attached NOV from DCM on his existing docking facility. He received CAMA GP #87606-D (attached) on 9/1/22 for a 2-slip docking facility however, he later added 2 boat/jet ski lifts after construction. On 5/5/23 DCM issued CAMA NOV #23-05 (attached) for the unauthorized lifts. The existing water depths in the location of these lifts are: -2' @ NLW for Slip #3 and -3.9' @ NLW for Slip #4. Neither of the structures encroach into the Federal Channel Setback and the adjacent riparian property owners have indicated that they do not have any objections to the structures however I'm waiting for the required written confirmation of this. As requested in items #2 & #3 of the attached NOV Restoration Plan, I am requesting comments from you on this development. If you need any additional information, please contact me at (910) 612-0403 or by email. Thank you, Debbie Email correspondence to and from this address may be subject to the North Carolina Public Records Law and may be disclosed to third parties by an authorized state official. Debra Wilson From: Currey, Gregory E CIV USARMY CESAD (USA)<Gregory.E.Currey@usace.army.mil> Sent Friday, June 30, 2023 11:58 AM To: debbiew7S@charter.net Cc: Beachman, Kelsey;'Mairs, Robb L' Subject: RE: [Non-DoD Source] CAMA NOV Debbie, if you are able to resolve the NOV with DCM, either through removing the jet ski lifts or through the DCM process to let them stay in place, the Corps would have no concerns, issues or comments with either scenario. Greg From: debbiew75@charter.net <debbiew75@charter.net> Sent: Thursday, June 29, 2023 2:09 PM To: Currey, Gregory E CIV USARMYCESAD (USA) <Gregory.E.Currey@usace.army.mil>;'holley.snider@ncdenr.gov' <holley.snider@ncde nr.gov> Subject: [Non-DoD Source] CAMA NOV Hey Greg and Holley, I'm working with Steven Jones who owns 8212 Bald Eagle Lane in New Hanover County and trying to get the attached NOV from DCM on his existing docking facility. He received LAMA GP #87606-D (attached) on 9/1/22 for a 2-slip docking facility however, he later added 2 boat/jet ski lifts after construction. On 5/5/23 DCM issued CAMA NOV #23-05 (attached) for the unauthorized lifts. The existing water depths in the location of these lifts are: -2' @ NLW for Slip #3 and -3.9' @ NUN for Slip #4. Neither of the structures encroach into the Federal Channel Setback and the adjacent riparian property owners have indicated that they do not have any objections to the structures however I'm waiting for the required written confirmation of this. As requested in items #2 & #3 of the attached NOV Restoration Plan, I am requesting comments from you on this development. If you need any additional information, please contact me at (910) 612-0403 or by email. Thank you, Debbie RECEWED JUL 2 0 N23 DCM WILMINGTON, NC Beachman, Kelsey From: Beachman, Kelsey Sent: Thursday, June 15, 2023 12:58 PM To: debbiew75@charter.net Subject: RE: [External] 8212 Bald Eagle Lane Attachments: D00061523-06152023125425.pdf Hi Debbie, Here is a copy of the NOV letter that was sent to the Property Owner. I apologize that I did not copy you on the original! With the 30-day extension, the new deadline will be July 15, 2023. Thank you! Kelsey Kelsey Beachman Field Representative NC Division of Coastal Management Department of Environmental Quality Office: (910) 796-7270 NEW EMAIL: kelsev.beachman@deo.nc.eov 127 Cardinal Drive Ext. Wilmington, NC 28405 Find a Field Rep (arc4is.com) D_Q�� Email cmmspandeMe to aW fmm this address is subeM to the North Camllna Public RemNs Law andmay be disdosed to third parties. From: debbiew75@charter.net <debbiew75@charter.net> Sent: Sunday, April 23, 2023 4:42 PM To: Beachman, Kelsey <kelsey.beachman@ncdenr.gov> Subject: [External] 8212 Bald Eagle Lane CAUTION: External email. Do not click links or open attachments unless verified. Report suspicious emails with the Report Message button located on your Outlook menu bar on the Home tab. Hey Kelsey, Here is the as built drawing with water depths for Pirates Tale, LLC c/o Steven Jones at 8212 Bald Eagle Lane, sorry I forgot to send this to you earlier. Let me know if you need anything else. Thank you, Debbie ROY COOPER Governor ELIZABETH S. BISER Searetory BRAXTON DAVIS Director NORTH CAROLINA EhWronmentd QucGty October 11, 2023 CERTIFIED MAIL 7018 3090 0000 09691959 RETURN RECEIPT REQUESTED Pirates Tale, LLC. c/o Steven Jones 409 Lake Boone Trail Raleigh, NC 27608 RE: CAMA VIOLATION #CASE NO. 23.05 Dear Mr. Jones: This letter is in reference to the Notice of Violation dated May 15, 2023 that Kelsey Beachman, representative for the Division of Coastal Management, issued to Pirates Tale, LLC. for the unauthorized installation of two (2) boat lifts at a permitted docking facility, creating a total of four (4) formalized slips at the property located at 8212 Bald Eagle Lane, Wilmington, New Hanover County, North Carolina. The violation took place within the Estuarine Waters and Public Trust Areas of Environmental Concern (AECs), as designated by the N.C. Coastal Resources Commission. The N.C. Coastal Area Management Act provides that a civil assessment of up to $10,000 plus investigative costs may be assessed for any violation. The rules of the Coastal Resources Commission authorize the Division of Coastal Management to assess a civil penalty for CAMA violations 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, and in accordance with 15A NCAC 07J.0409(f)(D) & (E), due to previous violations of the commission's rules, a proposed civil penalty for the major development violation in the amount of $500.00, plus an investigative cost of $50.00, for a total of $550.00, is appropriate for this violation. Pirates Tale, LLC. 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. To do this, Pirates Tale, LLC. must: (1) sign the attached "Agreement to Pay Civil Assessment;" (2) attach a check or money order for $550.00 made payable to the North Carolina Department of Environmental Quality (NCDEQ); and (3) return the signed agreement and payment to this office within ten (10) days of your receipt of this letter. Upon deposit of Pirates Tale, LLC.'s check in the Department's account, you will receive a letter from the Division of Coastal Management officially closing this enforcement action. North Cardin Deparinrent of Environmental Quality I Division of Coastal Management Wilmington Office 1127 Cardinal Drive Extension I Wilmington. North Carolina 28405 910.7%.7215 /1 Pirates Tale, LLC. c/o Steven Jones Page 2 October 11, 2023 If Pirates Tale, LLC. does not send a signed agreement and payment to this office within ten (10) days of receipt of this letter, the Director of the Division of Coastal Management will formally assess a civil penalty against Pirates Tale, LLC. and Pirates Tale, LLC. may then make a request to the Director a hearing or settlement of the penalty. Thank you for your time and cooperation in resolving this important matter. If you have any questions about this or related matters, please do not hesitate to contact me. Sincerely, Tara MacPherson District Manager, Wilmington egional Office Division of Coastal Management Enclosure Copy by Email: Kelsey Beachman, Coastal Management Representative, DCM Christine Bouffard, New Hanover County LPO Greg Currey, USACE Holley Snider, DWR Debbie Wilson, Agent Amanda Cannon, MHC 01-fD Q2� North Carolina Department of Environmental QPatlty I Division of Coastal Management Wilmington Office I t27 Cardinal Drive Extension I Wilmington, North Carolina 28405 910.79&7215 CAMA VIOLATION #CASE NO.23.05 Pirates Tale, LLC. c/o Steven Jones AGREEMENT TO PAY PROPOSED CIVIL ASSESSMENT I understand that the staff of the Department of Environmental Quality will propose the assessment of a civil penalty in the amount of $550.00 against Pirates Tale, LLC. for violation of the Coastal Area Management Act, NCGS 113A-100 et seq, committed on or near property located at 8212 Bald Eagle Lane, Wilmington in New Hanover, North Carolina. To resolve this matter with no further action or expense on my part, I accept responsibility for the violation, on behalf of Pirates Tale, LLC. as described in the Notice of Violation letter dated May 15, 2023 and agree to pay the proposed civil assessment of $550.00. DATE SIGNATURE ADDRESS TELEPHONE NUMBER EMAIL ADRESS D_E North Carolina Departmerrt me of Environmental Quality I Division of Coastal Management Wilmington office 1 127 Cardinal Drive Extension I Wiimmgton, North CaroEna 28405 910.7%.7215 ROY COOPER covanar ELIZABETH S. BISER Secretary BRAXTON DAVIS Director Pirates Tale, LLC c/o Steven Jones 409 Lake Boone Trail Raleigh, NC 27608 NORTH CAROLINA 6Mraunental Quality November 14, 2023 RE: Closure Letter Payment of Proposed Penalty for Violations of the Coastal Area Management Act, Committed in New Hanover County CAMA Violation #23-05D Dear Mr. Jones: This letter will acknowledge receipt of check #10003177 in the amount of $550.00 for the Notice of Violation dated May 15, 2023, issued by Kelsey Beachman, NC Division of Coastal Management Representative, for the unauthorized installation of two (2) boat lifts at a permitted docking facility, creating a total of four (4) formalized slips at property located adjacent to the AIWW at 8212 Bald Eagle Lane, Wilmington, New Hanover County. Once the amount is credited to the account of the Department of Environmental Quality, this matter will be fully and completely closed. Thank you for your cooperation in resolving this violation. If you have any further questions c nc ning this matter, please contact me at the Wilmington Regional Office, (910) 796-7215. inc ely, �i(Ji�Ta acP er on District Manager cc: Robb Mairs, LPO Coordinator Kelsey Beachman, Field Representative Amanda Cannon, MHC, DCM Holley Snider, DWR Greg Currey, USACE Christine Bouffard, New Hanover County LPO Debbie Wilson, Agent WIRO Files North Carolina Department of rmUomnental Bral" I Division of Coastal Management Wilmington Office I n7 Cardinal Dive Extension i Wilmington. North Carolina 28405 910.7%.7215 CM ENFORCEMENT TRACKING REPORT O oIssue Ot •) _ p Rep. LL,SU.1 �]ei%�haOn Violation Case No. diapce Rep. rl /br—I Permit No. -'I l0 1a �J (if applicable) Violation Description Initial Discovery Date Violation Description RespondentName(s) Address U nQ Z�11L:C Discovery Method Fax Was activity LE p andow ne Agent/Contractor) City ( State _KK Zip 2,� Oe Violation Type: Project Type: Authorizations Required: Site Visits Respondent Site Visits Respondent ❑ No permit tK Rm ivate/Comunity g Major CAM4 Present Resent Permit Condition ❑ Govt./Public El Minor ❑ D&F ❑ 0 ❑ Expired Permit ❑ Commercial ❑ General rt� rb--�-� ❑ LJ ❑ Inconsistentw/Rules Tier Level: 1 II III ❑ ❑ Violation Location and Site Description N Project Location: County Neu H0LV)1Dve,+— Street Address/State Road/ Lot #(s) Cagle, Lane, Subdivision N /A city W i11. riArly \ zip a 8411 Phone # (0t _) %t0 - R"'? -River Basin I / Adj. Mr. Body A+li1 0,htic. 1h'IfQcocis ( 0.fuaqat ma /unlm) Closest Maj. Mr. Body M i l(?, ,�lWNA ...+ Restoration NOV Date 5 -� CNOV Date Penalty Assessment Sent to Respondent Date Rcvd. by Dist. Mgr. Date Assessment Extended Yes No Initial Req. Corry. Date Date Comp. Observed App./Permit Penalty Willful/Intent. Continuing Investigative LaULong J`T • Z 8J (-I 1 "i 1 - -t SZ (p 3 Shoreline Length N loo, SAV: Not Sure Yes Na Sandbags: Not Sure Yes No PNA: Yes No Adjacent ORW Yes No Adjacent Cnt. Hab. Yes No Photos Yes No Waiver Required Yes No In DWQ BufferArea Yes N Specify DVVQ Buffer if applicable: Extension Granted Yes No Restoration Letter Acceptance Date 7J.0409 Ref. Recomm. Assess. DCM Assess. $ Q17 , $ $ Oo() l) $ Total Formal Assessments, Appeals and Reductions Date Long Form Submitted AssessmentAppealed: Yes No Date Formal CPA Submitted Penalty modified Final Assessment$ Date Attorney General's Office for Injunction or Formal Collection Date senttoAG El Respondent not responsivetopenalty/NOV F1 Injunction to complete restoration Date Collection Letter Sent Date Demand Letter Sent Violation Activities and Impacts AECs Affected: Wetlands Impacted? Yes No ff yes, w hichtypes: CW EW PTA ES PTS OEA HHF IH UBA N/A SA DS CJ SY JR LS TY PM FC: SS SC SP IF BF 404 Restoration Required by the Respondent Yes / No Development Activities Dimensionsin excess of permit/ unauthorized activities Dimensionsto restore Final dimensions allowed Actually restored • Habitat Description a Closing (/t �j crn ✓`} �/ Payment Received $"' `�y V Date t� 11 1V2`7 Date Case Closed CAMA VIOLATION #CASE NO.23.05 Pirates Tale, LLC. c!o Steven Jones AGREEMENT TO PAY PROPOSED CIVIL ASSESSMENT I understand that the staff of the Department of Environmental Quality will propose the assessment of a civil penalty in the amount of $550.00 against Pirates Tale, LLC. for violation of the Coastal Area Management Act, NCGS 113A-100 et seq, committed on or near property located at 8212 Bald Eagle Lane, Wilmington in New Hanover, North Carolina. To resolve this matter with no further action or expense on my part, I accept responsibility for the violation, on behalf of Pirates Tale, LLC. as described in the Notice of Violation letter dated May 15, 2023 and agree to pay the proposed civil assessment of $550.00, DATE ADDRESS TELEPHONE NUMBER EMAIL ADRESS RECEIVED NOV 14 2023 ')CM WiLMINGTON, NC D Q,„- North Carohna Departmentmnmia of Envlrol Qjjauty I Di lion of Coastal Managemmr Wilmington Office I L7 Cardinal Driw E,, t nsfon I Wilnangton,North Carolhw2,3405 9I0.?1 6.7215 Ln Y Ln •+ 0) � o c, C a H 0 Ln G y � f0 U Z a � p C N > z > Z � 4. � Q O in u v � N 7 m 0 U Z o c p -o = om of mo Y L o v 0 E Z � v a U J N � 44 L �o u �o a� v v o a w O N � � O C r-i