HomeMy WebLinkAboutNot Given_Grant, Roger_19970319R
TOWN OF ATLANTIC BEACH
125 WEST FORT MACON ROAD
ATLANTIC BEACH, NORTH CAROLINA
CERTIFIED MAIL # Z 219 944 639
March 19, 1997
Mr. Roger Gant
Glen Raven Mills
Burlington, NC 27215
REFERENCE: Notice of Violation
Dear Mr. Gant:
This letter confirms that I was at 801 Ocean Ridge Drive, Atlantic Beach, NC in
Carteret County, NC., on February 10, 1997 to investigate the possibility of
development activity in an Area of Environmental Concern without proper
authorization. My visit verified that excavation for installation of a new
septic tank and seepage lines was effectively completed within the Area of
Environmental Concern (AEC). No Minor Development Permit has been issued for
this development activity.
No person may undertake activity constituting minor development within a
designated AEC without first obtaining a Minor Development Permit from the NC
Department of Natural Resources and Community Development or a local government
with an approved Coastal Area Management Implementation and Enforcement Program.
This requirement is imposed by NC General Statutes 113A-118. It is my judgement
as the CAMA Local Permit Officer with permitting authority over this project area
that this project is effectively completed. Since after -the -fact permits may not
be issued, I am initiating enforcement action by issuing this notice of
violation.
I request that you IMMEDIATELY CEASE AND DESIST any further unauthorized
development activities within designated AECs on this property. A civil
assessment of up to $250.00 may be assessed against any violator. Each day that
the development activity described in this notice is continued or repeated may
constitute a separate violation which is subject to an additional assessment of
up to $250.00. An injunction or criminal penalty may also be sought to enforce
any violation (NCGS 113A-126).
POST OFFICE BOX 10 • ATLANTIC BEACH, NORTH CAROLINA 28512 • (919) 726-8380 • FAX (919) 726-5115
11
Mr. Roger Gant
March 19, 1997
Page -2-
It is the policy of the Coastal Resources Commission to levy a minimum civil
assessment of $50.00 against all violators of CAMA Minor Development Permit
requirements. 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 amount of resources affected, the extent of the damage
to the resources, and whether full cooperation is forthcoming in bringing the
project into compliance.
The enclosed Restoration Plan describes the action necessary to bring this
project into compliance with the Act. Please sign the Restoration Agreement and
return it to me by March 29, 1997. If the requested restoration is not
undertaken or completed satisfactorily, a higher civil assessment may be levied
and a court injunction sought to order restoration.
Pending the satisfactory resolution of this violation, and my submission of an
enforcement report to the District Manager of the Division of Coastal Management,
you will be notified of the amount of your civil assessment.
Thank you for your cooperation in resolving this important matter. If you have
any questions, please do not hesitate to contact me.
Sincerely,
1 d C. Wood
Local CAMA Permit Officer
cc: Ted Tyndall, CAMA Morehead City Office
Is
RESTORATION PLAN
Revegetate disturbed area within 30 days of date of this notice.
I, , AGREE TO COMPLETE TO REQUIRED RESTORATION OUTLINED IN THE ABOVE
RESTORATION PLAN TO THE SATISFACTION OF THE TOWN OF ATLANTIC BEACH'S CAMA LOCAL
PERMIT OFFICER BY APRIL 19, 1997, OR PROVIDE AN EXPLANATION FOR NON-COMPLIANCE
AND A REASONABLE REQUEST FOR A TIME EXTENSION.
Signature
Date