HomeMy WebLinkAbout0721-C_Hunter, Sharon_20070525n
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NOTICE OF VIOLATION
May 25, 2007
Mrs.Sharon Hunter
1412 Anderson Street
Wilson, N. C. 27893
RE: NOTICE OF VIOLATION AND REQUEST TO CEASE UNAUTHORIZED DEVELOPMENT
CAMA MINOR VIOLATION# 0721-C
Dear Mrs. Hunter.
This letter confirms that on May 24, 2007, Chris Jones, Director of Inspections and Public Property/Local
Permit Officer was on site at your property located at 143 Loblolly Drive adjacent to Pine Knoll Shores
waterway located in Pine Knoll Shores, Carteret County, North Carolina. The purpose of the visit was to
investigate unauthorized development of Land disturbing activities within the Area of Environmental
Concern. This confirms an office meeting with John W. Hunter, husband of the property owner, on May 24,
2007.
Information gathered by me shows that you have undertaken minor development in violation of the Coastal
Area Management Act No person may undertake minor 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 have undertaken, or are legally responsible for, minor development by
conducting land disturbing activities on the aforementioned property. This activity took place adjacent to
Pine Knoll Shores waterway that is contiguous with Bogue Sound. The above referenced lot is designated
as an Area of Environmental Concern (AEC). No permit was issued to you for work in this area. Based on
these findings, I am initiating an enforcement action by issuing this Notice of Violation for violation of the
Coastal Area Management Act
I request that you immediately CEASE AND DESIST any further development and contact me about this
important matter. A civil assessment of up to $250 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 $250. An injunction or criminal penalty may also be sought to
enforce any violation in accordance with N.C.G.S. 11 3A-1 26.
100 Municipal Circle ♦ Pine Knoll Shores, North Carolina 28512 ♦ tole: 252-247-4353
fax: 252-247-4355 ♦ e-mail: admin�towno�ks.com ♦ website: www.townofpks.com
Mrs. Sharon Hunter
May 25, 2007
Page 2 of 3
It is the policy of the Coastal Resources Commission to assess a minimum civil penalty of $ 50.00 against
all violations of this type. This is done to recoup some of the costs of investigating the violation 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 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.
Based upon the North Carolina Administrative Code, Title 15A, Subchapter 07H. State Guidelines for Areas
of Environmental Concern, the activity you have undertaken, is land disturbance within 75' of normal high
water adjacent to Pine Knoll Shores waterway and is not consistent with Section 15A NCAC 07J.0209,
which requires a CAMA permit before conducting land disturbing activities. Therefore, I am requesting that
you take measures to stabilize the soil within 30' of the bulkhead. Please refer to the enclosed Restoration
Agreement
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.
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 immediate 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. Upon completion of the
restoration as requested in the Restoration Plan Agreement to the satisfaction of the Local Permit Officer,
you will be notified by the Division of Coastal Management as to the amount of a civil assessment for
undertaking development without first obtaining the proper permit(s).
Sincerely,
Chris Jones
Local Permit Officer
Cc: Tere Barrett, District Manager, DCM
Ryan Davenport, Coastal Management Representative, DCM
Roy Brownlow, Compliance Coordinator, DCM
ENCLOSURE
s
Sharon Hunter>
<May 25, 2007>
Page 3 of 3
RESTORATION PLAN
For
NAME OF PROPERTY OWNER
CAMA Minor Violation #CASE NO.
Property located at PHYSICAL ADDRESS, COUNTY County
H3 I bW611L' 1) R,
% '
I, Sharon Hunter
Officer by June 25,
request for time extension.
the work can be inspected.
agree to complete this restoration to the satisfaction of the Local Permit
2007 or provide an explanation for non-compliance and a reasonable
When corrective actions are complete, I will notify the Local Permit Officer so
SIGNATURE:
DATE:
It is the policy of the Coastal Resources Commission to levy a minimum civil assessment of $MIN. FINE AMOUNT and higher
against ad 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.
/0s pine
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The Town of fine Knoll Shor
NOTICE OF VIOLATION
June 5, 2007
JUN 0
7 zaa7
Styron Construction Company
5440 Highway 70 West Morehead City ®CM
Morehead City, N. C. 28557
RE. STOP WORK ORDER AND NOTICE OF FAILURE TO APPLY FOR CAMA PERMIT
CAMA MINOR VIOLATION # 0722-C
Dear Mr. Styron:
This letter is in reference to our on site visit on May 24, 2007 with Sharon Hunter at 143 Loblolly Drive in
Pine Knoll Shores, Carteret County, North Carolina. The purpose of the onsite meeting was to investigate
unauthorized development on the aforementioned property in the Area of Environmental Concern (AEC).
This letter also references an office meeting with John W. Hunter, husband of the property owner on May
24, 2007.
Information gathered by me indicates that your actions as contractor for Sharon Hunter are in violation of
the Coastal Area Management Act (CAMA). No person may undertake minor development in a designated
Area of Environmental Concern (AEC) without first obtaining a permit from the North Carolina Department
of Environment and Natural Resources pursuant to the North Carolina General Statutes (N.C.G.S.)113A-
118.
I have information that you have undertaken, or are legally responsible for, minor development by
conducting land disturbing activities on the aforementioned property. This activity took place adjacent to
Pine Knoll Shores waterway that is contiguous with Bogue Sound. The above referenced lot is designated
as an Area of Environmental Concern (AEC).
You are hereby requested to STOP WORK IMMEDIATELY and file the necessary application with this
office for a CAMA Minor Development Permit. NO WORK MAY PROCEED UNTIL THE PERMIT IS
ISSUED. A civil assessment of up to $250 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 $250. 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 assess a minimum civil penalty of $100.00 against
all violations of this type. This is done to recoup some of the costs of investigating the violation and/or to
compensate the public for any damage to its natural resources. Whether a higher amount will be assessed
100 Municipal Circle ♦ Pine Knoll Shores, North Carolina 28512 ♦ tele: 252-247-4353
fax: 252-247-4355 ♦ e-mail: admin _townofpks.com ♦ website: www.townofpks.com
Styron Construction Company
June 4, 2007
Page 2 of 2
will depend on several factors, including the nature and area of the resources 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.
Based upon the North Carolina Administrative Code, Title 15A, Subchapter 7J.0409(f)(5)(F)(ii), the policy of
the Coastal Resources Commission is to levy a civil assessment against contractors in addition to that
assessed against the landowner. Therefore, since this is your third Notice of CAMA Violation in the same
Area of Environmental Concern, you should expect a civil assessment to be levied against you.
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 about these important matters.
Since e ,
Chris Jones
Local Permit Officer
Cc: Tere Barrett, District Manager, DCM
Ryan Davenport, Coastal Management Representative
Roy Brownlow, Compliance Coordinator, DCM