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HomeMy WebLinkAbout17-15C Wetherington■ Complete items 1, 2, and 3. A, ■ 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.mailpiece, R• or on the front if space Dermits. i, nmue eruareaseu IQ;R0nnnke (.)0 (')5 o.J ItSF8' '^S,6, a��t /J ca 958'9- 9590 9402 1529 5362 7368 76 ,,.,...tea,..---- -_.._..... 7016 1370 000E 3225 3338 PS Form 3811, July 2015 PSN 7530-02-000-0053 D. Is delivery address dff If YES, enter delivery Agent ❑Addressee ' t C. D 7 to of Delivery from item 17 Ll Yes as below: ❑ No :e-lyPe o PriorityMOUBKPI'l Ignaturs 'O Registered MalVel El R11ste, d MaifReasioted igMell®Residated[Dalivery J Mall RestdoteC.Delivery q Retum Receiptfor on Delivery, Merchentllse nn Delivery Restricted Delivery 0 Signature Confirmation Nell ❑ Signature Confirmation Neill Restricted Delivery Restricted Delivery , Postal CERTIFIED o RECEIPT Domestic Mail Only mtdn _ -S nJ certified Mail Fee fu $ RI E%tratiervleea& Fee. (check box, add fee ee appropdak) ru ❑ Return Raceipt(lBMCopy) $ CM ❑ Retum Receipt(electmnic) $ r3 ❑Certified Mail Restricted Delivery $ Postmark Here C3 f] Adult Signature Requketl $ ❑Adult Signekes Restricted Delivery $ O Postage f� $ Total Poe a and Fees .a san�N7D fSDn ✓110 GJe}fit el-i--y r\ O SfreetandApt. No., or Ptt��-Box No.--------" '-------------- -- - +---------- r` J_ I �'-$� LJe /art r City m t ;;clP#4. .. .............�..___ -_ .. �eL-L Q I C a G2-___.. . ................ Domestic Return RecelPt Postal CERTIFIED MAIL' RECEIPT Domestic Mail Only m AL Q ,E n N Certified Mail Fee M Eztre Services&Fees((ccheckbbp edd$dke p 1 n.l ❑Re rum Receiptihard-0) $ Postmark C3 oRetum Recelpt(eleclronic) $ Hera C3 FjCoddled Mail Restricted Delivery $ C3 Adult Signature Required Adult Signature Restricted Delivery $ 0 Postage 0 171 $ - rA Total ' s � set Mr. Ronnie Wetherington _ C3 Sfiei 1158 Wetherington Landing Rd. N Stella, NC 28582 C;y,, z RECD AUG U 6 2018 STATE OF NORTH CAROLINA COUNTY OF CARTERET IN THE MATTER OF THE NOTICE OF VIOLATION(s) AND REQUEST TO CEASE AND DESIST VIOLATIONS(s) OF THE COASTAL AREA MANAGEMENT ACT AND/OR DREDGE AND FILL ACT TO: SHERIFF, CARTERET COUNTY NOTICE OF SERVICE YOU ARE HEREBY REQUESTED TO serve the attached document in the above - entitled action to the individual listed below: MR. RONNIE WETHERINGTON 1158 WETHERINGTON LANDING ROAD STELLA, NC28582 / This 7- day. of �EU�,'l, 2018. ROY BROWNLOW COMPLIANCE &ENFORCEMENT COORDINATOR NC-DEPT OF ENVIRONMENTAL QUALITY DIVISION OF COASTAL MANAGEMENT 400 COMMERCE AVE MOREHEAD CITY, NC 28557 (252)808-2808 EXT 217 RETURN OF SERVICE I certify that this Notice of Service was received on the day of. 20_, and together with the document was served as follows: On on the day of 20 , at the following place: (fill in address where copy was delivered or left) Delivering copies to MR. personally Leaving copies with who is a person of suitable age and discretion and who resides in the named individual's dwe ing house or place of business. f NOT served on the named individual, state reason: I.OLC,L to Tt/ _-- ---- ---/J--------—-—.—--------- - -— FEE: $ b'" 445N Yi Lpv V'.j SHERIFF OF co-r tie- COUNTY, NC PAID: 3 �BY: , DEPUTY BY: LYt i �VDATE: I2.Z^(_ :� 20_!/ RECEIVED JAN 0 4 LJ19 DCM-MHD CITY Coastal Management ENVIRONMENTAL QUALITY June 5, 2018 CERTIFIED MAIL 70161370 0002 3225 3406 RETURN RECEIPT REQUESTED Mr. Ronnie Wetherington 1158 Wetherington Landing Road Stella, NC 28582 RE. CAMA VIOLATION #17-15C Dear Mr. Wetherington: ROY COOPER Gorerno, MICHAEL S. REGAN Secretary BRAXTON DAVIS Duwor This letter is in reference to the Notice of Violation dated 12/20/2017 that Mr. Ryan Davenport, representative for the Division of Coastal Management, issued to you for unauthorized placement of riprap material at 400 Rivershore Lane, Stella, Carteret County. The violation involved Coastal Wetlands, Estuarine Waters, and Estuarine Shoreline, which are Areas of Environmental Concern designated by the Coastal Resources Commission. The Coastal Area Management Act provides that a civil assessment of up to $10,000 plus investigative costs may 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, a proposed civil penalty in the amount of $932 is 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 $932 made payable to the North Carolina Department of Environmental Quality (NCDEQ); 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. State of North Carolina I Environmental Quality I Coastal Management 400 Commerce Ave I Morehead City, NC 28557 252 808 2808 T Mt. Ronnie Wetherington Page 2 of 3 June 5, 2018 If you do not send a signed agreement and payment to this office within ten (10) days, the Director of the Division of Coastal Management may formally assess a civil penalty against you. You will then have the opportunity to request a hearing on the penalty or request settlement of the penalty. 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 (252) 808-2808. Sincerely, n l Roy Brownlow District Manager Division of Coastal Management Enclosures cc: Ryan Davenport, Coastal Management Representative, DCM State of North Carolina I Environmental Quality I Coastal Management 400 Commerce Ave I Morehead City, NC 28557 252 808 2808 T Mr. Ronnie Wetherington Page 3 of 3 June 5, 2018 CAMA VIOLATION #17-15C MR. RONNIE WETHERINGTON 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 $932 against me for violation of the Coastal Area Management Act, NCGS 113A- 100 et seq, committed on or near property located at 400 Rivershore Lane, Stella, in Carteret 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 12/20/2018, and agree to pay the proposed civil assessment of $932. 5: o TELEPHONE NUMBER SIGNATURE State of North Carolina I Environmental Quality I Coastal Management 400 Contra me Ave I Morehead City, NC 28557 252 908 2809 T ROY COOPER' Gm.o MICHAEL S. REGAN Sr.etary BRAXTON DAVIS Coastal Management Director ENVIRONMENTAL QUALITY June 5, 2018 CERTIFIED MAIL 70161370 0002 3225 3406 RETURN RECEIPT REQUESTED Mr. Ronnie Wetherington 1158 Wetherington Landing Road Stella, NC 28582 RE: CAMA VIOLATION #17-15C Dear Mr. Wetherington: This letter is in reference to the Notice of Violation dated 12/20/2017 that Mr. Ryan Davenport, representative for the Division of Coastal Management, issued to you for unauthorized placement of riprap material at 400 Rivershore Lane, Stella, Carteret County. The violation involved Coastal Wetlands, Estuarine Waters, and Estuarine Shoreline, which are Areas of Environmental Concern designated by the Coastal Resources Commission. The Coastal Area Management Act provides that civil assessment of up to $10,000 plus investigative costs may 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, a proposed civil penalty in the amount of $932 is 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 $932 made payable to the North Carolina Department of Environmental Quality (NCDEQ); 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. State of North Carolina I Environmental Quality I Coastal Mmagement 400Commeroe Ave I Morehead City, NC 28557 252 808 408 T Mr. Ronnie Wetherington Page 2 of 3 June 5, 2018 If you do not send a signed agreement and payment to this office within ten (10) days, the Director of the Division of Coastal Management may formally assess a civil penalty against you. You will then have the opportunity to request a hearing on the penalty or request settlement of the penalty: 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 (252) 808-2808. Sincerely, n 7 Roy Brownlow District Manager Division of Coastal Management Enclosures cc: Ryan Davenport, Coastal Management Representative, DCM State of North Carolina I Environmental Quality I Coastal Management 400 Commerce Ave I Morehead City, NC 28557 252 808 2808. T Mr. Ronnie Wetherington Page 3 of 3 June 5, 2018 CAMA VIOLATION #17.15C MR. RONNIE WETHERINGTON 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 $932 against me for violation of the Coastal Area Management Act, NCGS 113A- 100 et seq, committed on or near property located at 400 Rivershore Lane, Stella, in Carteret 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 12/20/2018, and agree to pay the proposed civil assessment of $932. DATE TELEPHONE NUMBER SIGNATURE ADDRESS State of North Carolina I FAvironmental Quality I Coastal Management 400 Commerce Ave I Morehead City, NC 28557 252 808 2808 T , Mr. Ronnie Wethedngton Page 3 of 3 June 5, 2018 CAMA VIOLATION #17.15C MR. RONNIE WETHERINGTON 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 $932 against me for violation of the Coastal Area Management Act, NCGS 113A 100 et seq, committed on or near property located at 400 Rivershore Lane, Stella, in Carteret 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 12/20/2018, and agree to pay the proposed civil assessment of $932. DATE SIGNATURE ADDRESS TELEPHONE NUMBER State ofNorth Carolina I Environmental Quality I Coastal Management 400 Commerce Ave IMorehead City, NC 28557 252 808 2808 T ROY COOPER Governor MICHAEL S. REGAN Secretary Coastal Management BRAXTON DAVIS ENVIRONMENTAL QUALITY Director 5/24/18 Mr. Ronnie Wetherington 1158 Wetherington Landing Rd. Stella, NC 28582 RE: RESTORATION ACCEPTANCE — CAMA VIOLATION #17-15C Dear Mr. Wetherington: ` This letter is in reference to the Notice of Violation # 17-15C sent to you dated 12/20/17 for unauthorized development adjacent to the White Oak River. The violation took place on your property located at 400 Rivershore Ln. Stella, Carteret County, North Carolina. This unauthorized activity constituted development and you were requested to remove the fill material from Coastal Wetlands. In accordance with the North Carolina Administrative Code, Title 15A, Subchapter 7J.0410, 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 4/18/18 to inspect the restoration of the unauthorized activity addressed in the Notice of Violation 17-15C. 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 (252) 808-2808. Sincerely, J. an Davenport C astal Management Representative Cc: Roy Brownlow, District Manager, DCM State of North Carolina I Environmental Quality I Coastal Mametement 400Commerce Ave I Morehead City, NC 28557 252 808 2808 PAT MCCRORY Govemar DONALD R. VAN DER VAART ..r KSecretary BRAXTON DAVIS Coastal Management - Director - ENVIRONMENTAL QUALITY NOTICE OF VIOLATION 12/20/17 CERTIFIED MAIL 70161370 00023225 3338 RETURN RECEIPT REQUESTED Mr. Ronnie Wetherington 1158 Wetherington Landing Rd. , Stella, NC 28582 RE: NOTICE OF VIOLATION AND REQUEST TO CEASE UNAUTHORIZED DEVELOPMENT CAMA VIOLATION#17-15C Dear Mr. Wetherington: This letter confirms that on 1218/17,1 was onsite at your property located at 400 Rivershore Ln, adjacent to the White Oak River located in Stella, Carteret County, North Carolina. The purpose of the visit was to , investigate unauthorized placement of rip rap and fill material within the White Oak River. Information gathered by me for the Division of Coastal Management indicates that you have undertaken major development in violation of the Coastal Area Management Act (CAMA). No person may undertake Major Development in a designated Area of Environmental Concern (AEC) without first obtaining a permit from the North Carolina Department of Environmental Quality, This requirement is imposed by North Carolina General Statute (N.C.G.S.) 11 3A-1 18. I have information that indicates you have undertaken or are legally responsible for the unauthorized placement of 1000 linear ft. of concrete rubble fill material on the aforementioned property. On the North end there was 600ft2(20'X30') placed in Coastal Wetlands. On the South end there was 210ft2(3'X70') placed in Coastal Wetlands. This activity took place in Coastal Shoreline, Coastal Wetlands, Esturarine Waters and Public Trust Area that is contiguous with the White Oak River. Coastal Shoreline, Coastal Wetlands, Esturarine Waters and Public Trust Area are'designated as Areas of Environmental. Concern (AEC). No CAMA permit was issued to you for work in these areas. Based on these findings, I am initiating an enforcement action by issuing this Notice of Violation for violation of the Coastal Area Management Act and the State's Dredge and Fill Law. I request that you 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. 11 3A-126. State of North Carolina I Hnviroumeutal Quality I Coastal Management 400 Commerce Avenue I Morehead City, NC 28557 252-808-2808 1252-247-3330 (fax) It is the policy of the Coastal Resources Commission to assess a civil penalty plus investigative costs against all violations. 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. The amount assessed will depend upon several factors, including the nature and area of the resources that were affectedand the extent of the damage to them. You are also in violation of the State's Dredge and Fill Law which requires'a permit from the North Carolina Department of Environmental Quality before undertaking any excavating or filling in any estuarine waters, tidelands, marshlands, or state-owned lakes pursuant to,N.C.G.S. 113-229. Therefore, I also request that you immediately CEASE AND.DESIST such unauthorized activity and contact me about this matter as well. Violations of the State's Dredge and Fill Act may be enforced by a criminal penalty or a civil action for damages or an injunction in accordance with N.C.G,S. 113-229. Based upon the North Carolina Administrative Code, Title 15A, Subchapter 07H. State Guidelines for Areas of Environmental Concern, the activity you have undertaken, unauthorized placement of rip rap in the Coastal Wetlands, Estuarine Waters and Public Trust Area AECs, is not consistent with Section 07H .0208(a)(2)(A),& .1100 which requires development to be sited and designed to avoid significant adverse impacts to Coastal Wetlands. in addition, rip rap shall not have exposed rebar. Therefore, l am requesting that 810ft2 of rip rap be removed from Coastal Wetlands and area to be restored to original grade and contour. Additionally, all rebar and metal shall be removed from the remaining rip rap. The enclosed Restoration Plan describes the action necessary to bring this project into compliance with the Act. 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 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 near future to determine whether this REQUEST TO CEASE AND DESIST has been complied with: 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 (252) 808-2808. 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 undertaking development without first obtaining the proper permit(s) and/or development that is inconsistent with Coastal Resources Commission rules. Sincerely, Ryan Davenport Coastal Management Representative Cc: Roy Brownlow, District Manager, DCM ENCLOSURE State of North Carolina I Environmental Quality I Coastal Management 400 Commerce Avenue I Morehead City, NC 128557 252-808-2808 RESTORATION PLAN For Mr. Ronnie Wetherington Property , CAMA Violation No. 17-15C Property located at 400 Rivershore Ln., Carteret County; a d 1 Kl P• fad, I, Mr. Ronnie Wetherington, agree to remove 810ft2 of rip rap from Coastal Wetlands and restore substrate to _ original grade and contour. Additionally I agree to remove all .rebar and protruding metal from approved rip Yap: agree to complete this restoration to the satisfaction of the Division of Coastal Management (DCM) by 1/20/18, 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 penally 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: State of North Carolina I Environmental Quality I Coastal Management 400 Commerce Avenue I Morehead City, NC 128557 - 252-808-2808 PATRY. G— DONALD R. VAN DER ER VAAVAART s—mN, BRAXTON DAVIS Coastal Management ENVIRONMENTAL ouAUTv NOTICE LATION 2111/17 IN CERTIFIED MAIL INSERT 20 DIGIT SERIAL NO. RETURN RECEIPT REQUESTED Mr, Ronnie Wetherington 1158 Welhedngton Landing Rd. Stella, NC 28582 RE: NOTICE OF VIOLATION AND REQUEST TO CEASE UNAUTHORIZED DEVELOPMENT CAMA VIOLATION 07-15C Dear Mr. Wetherington: This letter confirms that on 1218/17, 1 was onsite at your property located at 400 Rivershore Ln. adjacent to the White Oak River located in Stella, Carteret County, North Carolina. The purpose of the visit was to investigate unauthorized placement of rip rap and fill material within the White Oak River. Information gathered by me for the Division of Coastal Management indicates that you have undertaken major development in violation of the Coastal Area Management Act (CAMA). No person may undertake Major Development in a designated Area of Environmental Concern (AEC) without first obtaining a permit from the North S' Carolina Department of Environmental Quality. This requirement is imposed by North Carolina General Statute (N.C.G.S.)113A-118. enf mation that indicates you have undertaken or are legally responsible for the unauthorized p emenl �' of 10 o rip rap on the aforeme ed props .This activity look place in Coastal Wetlands, Esturari e Waters E)Y'L Ct"ve. It an bli a"s,C® iguo I hife Oak River. Coastal Wetlands, Estumrine Wate ne d Pi hlic---'"`� Area are designated as Areas of Envir mental Concern (AEC o CAMA permit was issue to you fori"- work in these areas. Based on these findin s, am initiating an enforcement action by issuing this Notice of,y.2J�tiY� �Ea[aavm ! Violation for violation of the Coastal Area nagement Act and the Stale's Dredge and Fill Law (�� 9 tL ,ram , ^s c, request that you immediately CEASE D DESIST any further development and contact me about this matter. p2 J A civil assessment of up to $10,000 pl investigative costs may be assessed against any violator. Each day that 4Q - vbor�l� YE Y 4i' � "Afs the development described in this tice is continued or repeated may constitute a separate violation that is �V subjectto an additional assessmen of $10,000. An injunction or criminal penalty may also be sought to enforce ("�, , f ' . ;�,,,.,1,( any violation inaccordancewithNt,G.S.113A-126. V `-4""S ��: V`�� '�E— k'^ It is the policy of the Coastal FRVsources Commission to assess a civil penalty plus investigative costs against all violations. This is done to rec6up some of the costs of investigating the violation and/or to compensate the public Envumnoenel Quwi,y l Co=W UNIMMMem uc I Maehm,l City, NC 28557 18 2808 1252-247-3330 If..) p�4tt't L-4le E2i- a 4qz /-vat 44"'. �,, y FJ VI` for any damage to its natural resources. 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. You are also in violation of the State's Dredge and Fill Law which requires a permit from the North Carolina Department of Environmental Quality before undertaking any excavating or filling in any estuarine waters, tidelands, marshlands, or stale -owned lakes pursuant to N.C.G.S. 113-229, Therefore, I also request that you immediately CEASE AND DESIST such unauthorized activity and contact me about this matter as well, Violations of the State's Dredge and Fill Act may be enforced by a criminal penally or a civil action for damages or an injunction in accordance with N.C.G.S. 113-229. Based upon the North Carolina Administrative Code, Title 15A, Subchapter 07H. State Guidelines for Areas of Environmental Concern, the activity you have undertaken, unauthorized placement of rip r i the star Wetlands, Eslurarine Waters and Public Trust Area AECs, is not consistent with Section 07tj!CS 100 which Therefore, I am requesting that 910ff' of rip rap be removed from Coastal Wetlands andf' LEnd birY'lore8 to rade and contour. Additionally, all rebar and metals Abe removed from ripprap/�@g5. The enclosed R toration Plan describes the action necessary to bring this project into compliance with the Act. If you intend to cooperate with my request, please signone 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_ 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 near future to determine whether this REQUEST TO CEASE AND DESIST has been complied with.,, - -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 Gall me at (252) 808-2808. -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 undertaking development without first obtaining the proper permit(s) and/or development that is inconsistent with Coastal Resources Commission rules. Sincerely, J Ryan Davenport Coastal Management Representative Cc: Roy Brownlow, District Manager, DCM ENCLOSURE SoicofNo W Carolina I9mismonentsl Quality I Coastal Management JW Commnee Avenue I Moorhead City, NC 128557 252-W&2K8 RESTORATION PLAN For Mr. Ronnie Wetherington Prc CAMA Violation No. 17-1t Property located at 400 Rivershore Ln., AA'ad 2 1 n�✓ X I, Mr. Ronnie Wetheringlon, agree to remove 910ft' of rip rap from Coastal Wetlands and restore substrate to original grade and contour. Additionally I agree to remove all rebar and protruding metal from approved rip rap. a I agree to complete this restoration to the satisfaction of the Division of Coastal Management (DCM) bX1212 , or provide an explanation fornon-compliance and a reasonable requestfortime extension. When corrective actions re complete, twill notify the DCM so the work can be inspected. SIGNATURE: DATE: It is the policyof the Coastal Resources Commission to assess a civilpenaltyplus 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. Ifrestoretion is not undertaken or satisfactorily completed, a substantially higher civil assessment will be levied and an injunction sought to require restoration. S.1.. N Carolina I EmUmunen1d Quality I C—W Monogem. 400 Commerce Aewue I Morehead City, NC I28551 252-8062808 CM ENFORCEMENT TRACKING REPORT r .Id Rep. � C.✓t Gidtr� e ti Violation Case No. mpliance Rep. C_I 30 ❑ Permit No. (if applicable) Description Initial Discovery Date Violation Description Respondent Name(s) Address. I i I Phone# ' (�% Corporate: Name & Registered agent Fax activity oermittable? Yes �+ State Zip,.Z. Violation Type: Project Type: Authorizations Required: Site Visits Respondent Site Visits Respondent o Permit ❑ Private/Commumty ``�ajor CAMA _ Present Present Permit Condition t_J. Govt./Public ❑ Minor ❑ Expired Permit Commercial _ ❑ General ❑.El nconsistent w/ Rules Tier Level: I II III El Violation Location and Site Description Project Location: County 6 Street Address/ State Road/ Lot #(a) IA..., Fl Subdivision Cityc'_t' e:. [_}.. C. ZIP Phone # ( �) River Basin (,,lx�(,lty/`" Adj. Wtr. Body I ), 1 i4- ) n lrman/unkn) Closest Maj. Wtr. Body �1Vt�1 NOV Date CNOV Date_ Penalty Assessment Initial Reg. Comp. Date Date Comp. Observed Sent to Respondent Date App./Permit Fee Rcvd. by Dist. Mgr. Date Penalty Assessment Extended Yes No Willful/Intent. Continuing Investigative Lat/Long (—�- Shoreline Length 7J SAV: Not Sure Yes Sandbags: Not Sure Yes PNA: Yes. Adjacent 'ORW: Yes Adjacent Crit. Hab. Yes Photos Waiver Required Yes In DWQ Buffer Area Yes Specify DWQ Buffer if applicable: !!2o(rss 11S Extension No Restoration Letter , t„ _ / /j Acceptance Date �/'�/lih,w�, 7J.0409 Ref. Recomm. Assess. DCM Assess. $ (5 $ $ �v $ Total w Formal Assessments, Appeals and Reductions Date Long Form Submitted Assessment Appealed: Yes No Date Formal CPA Submitted F� Penalty modified Final Assessment $ Date Attorney General's Office for Injunction or Formal Collection Date sent to AG Respondent not responsive to penalty/NOV injunction to complete restoration Date Collection Letter Sent Date Demand Letter Sent Violation Activities and Impacts AECs A T d: CEW') (f5> S PTS OEA H-Fr' IH QA NIA PvvS: FC Other, Restoration Required by the Respondent Yes / No /---111 Wetlands Impacted. Yes; No If yes, which types: VA SY ®R LS scDS bSF' IF 404 TY Dimensions in excess of permit/ unauthorized activities Dimensions ons to restore Final dimensions allowed Actually restored 1-W A 10 WO —7A a tub NOTES Closing Payment Received $ Date Date Case Closed f�c'+ Y'l N `L Owner of Pioperty: w n Y r , ,Address/Location of Property: LJ k, e ICOMPLAINANT INFORMATION Name of Complainant: No Name Given: Mailing Address: Phone Number e-Mail: i Complaint Delivered By: Phone Letter E-mail In Person Date Received: - le- t- Time: 9 : 6 Received By Whom: Referred To: )a NATURE OF COMPLAINT FINDINGS No Violation (Investigation Closed and Complainant Notified . DATE INVESTIGATED: JV _ ST�A .F PERSON CONDUCTING IMVESTIGAT�IO TYPE OF VIOLATION (if applicable): -' Violation Found `'� Major_ Dredge & Fill Minor COMMENTS: Referral to other local, state or federal agency: ListAgency(s) and Contact(s): 1. 2. 3. Yes _ L/ No NOV Issued By: _ NC DCM REP. _ LPO Was Complainant Notified of Findings: —Yes r No NOV CASE #: l _. - Complainant Notified By: _ Letter— E-mail —Phone Date Complainant Notified: �� r APED NNECTGIS WEB XOSrING Printed November See Below for D Parcels - Updated 71-10-1 i; Centerlines NNCC Railroad Right of Way CCoounty Boundary Other County call othervalul Cart PIN Acreage Parcel Dimensions Lot Number maoon Uapleyea by 0k webaite is prepared for the Inventory model proped, found within thisjudsdiction and Is compiled from recoNed dells, plats, and other public records and data, Users ofthls information are here mn or odfied that the aforementioned public primary information sources should be consulted 4mvedBcation of the information contained on this site. Carteret County ass umes no legal responsibility for fire information contained on thi its.Carteret County does not ouarand-that rhv d—ono man.en'I—uAllA.• c—i- __._ ... I ISCONNECTGIS WEB HOSTING 1 :152 Feet Printed November 20, 2017 See Below for Disclaimer Parcels - Updated 11-10-2D17 Centerlines NC Railroad Right of Way 13 County Boundary Other County 5.,..1.<all otherualues> Cart PIN Acreage Parcel Dimensions Lot Number he information displayed by this website is prepared for the inventory of real property found within thisjurisdiction and is compiled from recorded deeds, plats, and othe Pt' records and data. Users of this information are hereby notified that the aforementioned public primary information sources should be consulted for verification o he information contained on this site. Carteret County assumes no legal responsibility for the information contained on this site. Carteret County does not guarantee tha he data and map services will be available to users without interruption or error. Furthermore, Carteret County may modify or remove map services and access methods a RESTORATION PLAN For Mr. Ronnie Wetherington Property CAMA Violation No. 17-15C Property located at 400 Rivershore Ln., Carteret County I, Mr. Ronnie Wetherington, agree to remove 810ft2 of rip rap from Coastal Wetlands and restore substrate to original grade and contour. Additionally I agree to remove all rebar and protruding metal from approved rip rap. I agree to complete this restoration to the satisfaction of the Division of Coastal Management (DCM) by 1/20/18, 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 penalty 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. REECEIVED JAN 1 .9 2018 State of North Carolina I Environmental Quality I Coastal Management I UVi-, MHD CITY 400 Commerce Avenue I Morehead City, NC 128557 252-808-2808