No preview available
HomeMy WebLinkAbout21-09A - ParksROY COOPER Govanar ELIZABETH S. BISER BRAXTON DAVIS Dhecmr July 13, 2021 David Parks 1252 Florida Road Elizabeth City, NC 27909 NORTH CAROLINA Environmental Quality RE: Payment of Proposed Penaltyfor Violations of the Coastal Area Management Act, Currituck County, CAMA Violation #21-09A Dear Mr. Parks: This letter will acknowledge receipt of check #28920 in the amount of $532.00 received 07/09/21. Once the amount of the check is credited to the Department of Environmental Quality's account, this matter will be fully and completely closed. If you have any further questions concerning this matter, please contact me at the Elizabeth City office at 252-264-3901. Sincere] Ron Rena i, District Manager Northeastern District Division of Coastal Management RR/eg cc: Roy Brownlow, Compliance Coordinator, DCM Robert Corbett, Field Representative, DCM North Carolina Department of Environmental Quality I Division of Coastal Management Elizabeth City Office 1 401 South Griffin Street, Suite 300 1 Elizabeth City, North Carolina 27909 252.2643901 RECEIVED CAMA VIOLATION #21.09A 1UL 0 9 2021 David Parks AGREEMENT TO PAY PROPOSED CIVIL ASSESSMENT DCM—EC I understand that the staff of the Department of Environmental Quality will propose the assessment of a civil penalty in the amount of $532.00 against me for violation of the Coastal Area Management Act, NCGS 113A- 100 et se , committed on or near property located 703 Aydlett Road in Currituck County, North Carolina. In order to resolve this matterwith no further action or expense on my part, I accept responsibility forthe violation as described in the Notice of Violation letter dated March 12, 2021 and agree to pay the proposed civil assessment of $532.00. 7�t3�aoal DATE q.L'oo SIGNATURE I�S� FLOQIDA�D. ADDRESS EclaAn,Efif c Irv. nlc a�9o9 a,5a • ?3o-01g-as TELEPHONE NUMBER North Carolina Department of Environmental Quality I Division of Coastal Management Elizabeth City Office 1 401 South Griffin Street, Suite 300 1 Elizabeth City, North Carollna 27909 NC Division of Coastal Management Cashier's Official Receipt i I Received From: Y S LMdIIP.IOJ�r� �C fewmMe.: '�l1 D Applicant's Name: �� ,a OY V� S Project Address: 147430E C D Date: 7:7 — 221 53cz-00 ;`' f�"� $q Check No.: �� Tao County: (_.fal l It" K _ Please retain receipt for your records as proof of payment for permit issued. Signature of Agent or Applicant: f t� Signature of Field Representative: Date: Date: •DCM ENFORCEMENT TRACKING REPORT �ali r-L (sle Rep. cr�he Isad 0 Violation Case No. F.� I- O 8 A Violated Permit N (d apple) violation Description Was activity pennittable? Yes / No \ Initial Discovery Date � - 'a,°j-,21. Discovery Method cc 1 11 • s ze oT{ E�rY Violation Description Respondent Information Prior CAMA or D/F Violations: Yes LJ RespondentName(s) �� ' i n� 4 (Landowner/Agent/Conhactor) Address ) S `� T )61 20 d City C•:'( State /UC zip a7 Phone # Fax # Email Violation Type: Project Type: Authorizations Required: Site Visits Respondent Present,' SdeVisits Respondent � Present IdNo Permit •^' �PrivatelCammunity Major ®CAMA �.., ❑. Permit Condition - Govt./Public Minor D&F El I❑ �. Expired Permit Commercial General Q ❑ Vinconsistentw/ Rules, Tier Level: I III Violation Location and Site Description Cr.lr,`kc IrL Project Location: County o Street Address/ State Road/ Lot #(s) Tt Subdivision city_A d le `i - ZIP I Phone # ( _) River Basin p ^ _ Adj.Wtr.Body Cwrtt�'Gc 7a:/"l[__cII/L /unim) Closest Maj. Wtr. Body Cw r -L fit. St c l NOV Date — I '" IS CNOV Date Penalty Assessment Sent to Respondent Date Rcvd. by Dist. Mgr. Date Assessment Extended Yes No Initial Req. Comp. Date Date Comp. Observed AppJPennitFee Penalty WflffuUlntenL Continuing Lat/Long n Shoreline Length i 'l 7� Jd SAV; Not Su Yes No Sandbags: Not Sum Yes No PNA Yes ORW: Yes Crit Hab. Yes Do Photos (3 No Waiver Required Yes In DWO Buffer Area Yes No Specify DWQ Buffer if applicable: Extension Granted Yes Restoration Letter Acceptance Date Adjacent Adjacent No 77A40g Ref. Recomm. Assess. DCM Assess. $ a-%.OU $ ago, 00 $ $3a.00 cal rj3o`Z.C>v 53a,.ov Formal Assessments, Appeals and Reductions Date Long Form Submitted Assessment Appealed- Yes No Date Formal CPA Submitted Final Assessment $ pate Penalty modified Attorney General's Office for Injunction or Formal Collection Date sent to AG Q Respondant not responsive to penalty/NOV Injunction to complete restoration Date Collection Let Sent Date Demand Let Sent . Violation Activities and Impacts AECs Affected:* Wetlands Impacted? Yes / No If yes, which types: COV ROD ES PTS OEA USA WA SA DS CJ SY JR LS. - TY PWS: FC: - SS SC SP IF BF 404 Restoration Required by the Respondent Yes / No Dimensions in excess penniff unauthorized activities Dimensions to restore Fug dimensionsof allowed Actually restored WNWt I.ui.1 :__T.'iuk,. {'..,gib '. {-"'k%' t� k-'Tian_ [G ��� r+2.li y:Yt"•+A. NOTES: Closing n Payment Received $ S3.z, ea Date 7/9/A L Date Case Closed ROY COOPER Cawnar JOHN NICHOLSON ma ft serrerarr BRAXTON DAVIS Dvecmr NORTH CAROLINA Environmental Quality June 25, 2021 CERTIFIED MAIL 7017 2620 0000 74681451 RETURN RECEIPT REQUESTED David Parks 1252 Florida Road Elizabeth City, N.C. 27909 RE: CAMA VIOLATION #21-09A Dear Mr. Parks: This letter is in reference to the Notice of Violation dated March 12, 2021 that Robert Corbett, representative for the Division of Coastal Management, issued to you for the installation of a 4' x 55' lower platform, 4 bumper piles, 2 piles for lights, and 3 separate Jetties with lengths of 90', 129', and 6d which has encapsulated 3,515 ft2 of open water creating a boat basin located at 703 Aydlett Road, Currituck County. The violation involved the Public Trust Area and Estuarine Waters, 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 $532.00 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 $532.00 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 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 will 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. North Carolina Department of Environmental Quality I Division of Coastal Management D_E Elizabeth City Office 1 401 South Griffin Street, Suite 300 1 Elizabeth City NortbCarolina79y`1 24 2522643901 David Parks June 25, 2021 Page 2 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 Director 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 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) 264-3901. Sincerely, i� W on Renaldi, District Manager, Northern District NC Division of Coastal Management Enclosure cc: Robert Corbett, Field Representative, DCM Roy Brownlow, Compliance Coordinator, DCM E CAMA VIOLATION #21.09A David Parks 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 $532.00 against me for violation of the Coastal Area Management Act, NCGS 113A- 100 et sec, committed on or near property located 703 Aydlett Road in Currituck County, North Carolina. In order to resolve this matterwith no further action or expense on my part, I accept responsibility for the violation as described in the Notice of Violation letter dated March 12, 2021 and agree to pay the proposed civil assessment of $532.00. DATE SIGNATURE ADDRESS TELEPHONE NUMBER _D ��� North Carolina Department of Environmental Quality I Division of Coastal Management Elizabeth. City Office 1 401 South Griffin Street, Suite 300 1 Elizabeth City, North Carolina 27909