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HomeMy WebLinkAbout21-16A - McDonaldROY COOPER
Governor
ELIZABETH S. BISER
Secretary
BRAXTON DAVIS
Director
Jay & Elaine McDonald
123 Camden Avenue
Camden, NC 27921
NORTH CAROLINA
Environmental Quality
August 30, 2021
RE: RESTORATION ACCEPTANCE — CAMA VIOLATION #21-16A
Dear Mr. & Mrs. McDonald:
This letter is in reference to the Notice of Violation # 21-16A sent to you dated August 2, 2021 for the unauthorized
construction of a 107' x 4' concrete walkway including a drainage system along an existing bulkhead within the
Estuarine Shoreline and Public Trust Shoreline Areas of Environmental Concern (AEC). The violation took place on
your property located at 123 Camden Avenue adjacent to the Pasquotank River in Camden, Camden County, North
Carolina. This unauthorized activity constituted development and you were requested to cut the 4' wide concrete
walkway to a 2' wide concrete bulkhead cap, leaving five 2.5' x 2.75' concrete sections located at the existing drain
holes, thus removing ±180 ft2 of concrete from within the 30' AEC Buffer. The sections where concrete was removed
were to be revegetated with plant species or 3" diameter or larger cobblestone landscaping rocks. 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 August 26, 2021 to inspect the restoration of the unauthorized
activity addressed in the Notice of Violation #21-16A. 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) 264-3901.
Sincerely,
��
t"�Y`411z'
Sarah Loeffler
Field Representative
NC Division of Coastal Management
Cc: Ron Renaldi, District Manager, DCM
Roy Brownlow, Compliance Coordinator, 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
�irr+ ram\ r 2522643901
ROY COOPER
Governor
ELIZABETH S. BISE_R
Secretary
BRAXTON DAVIS
Director
NORTH CAROLINA
Environmental Quality
August 30, 2021
CERTIFIED MAIL 7017 2620 0000 74581611
RETURN RECEIPT REQUESTED
Jay & Elaine McDonald
123 Camden Avenue
Camden, NC 27921
RE: CAMA VIOLATION #21-16A — CIVIL ASSESSMENT
Dear Mr. & Mrs. McDonald:
This letter is in reference to the Notice of Violation dated August 2, 2021 that Sarah Loeffler, Field
Representative for the Division of Coastal Management, issued to you for the construction of a 107' x 4'
concrete walkway including a drainage system along an existing bulkhead at 123 Camden Avenue
adjacent to the Pasquotank River in Camden, Camden County. The violation involved the Estuarine
Shoreline and Public Trust Shoreline which are Areas of Environmental Concern designated by the Coastal
Resources Commission. Based upon the site visit conducted on August 26, 2021 by Sarah Loeffler, the
restoration requested appears to be complete to the satisfaction of the Division of Coastal Management.
The Coastal Area Management Act provides that a civil assessment of up to $1,000 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 $414.00
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 $414.00 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 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.
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
2522643901
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, �?
Ron Renaldi
District Manager, Northeastern District
NC Division of Coastal Management
736�
Enclosures
cc: Roy Brownlow, Compliance Coordinator, DCM
Sarah Loeffler, Field Representative, DCM
01 D_E QJ� 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
252.264.3901
CAMA VIOLATION #21-16A
Jay & Elaine McDonald
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 $414.00 against me for violation of the Coastal Area Management Act, NCGS
113A-100 et sue, committed on or near property located at 123 Camden Avenue, Camden in Camden
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 August 2, 2021
and agree to pay the proposed civil assessment of $414.00.
—DATE SIGNATURE —
ADDRESS
TELEPHONE NUMBER
North Carolina Department of Environmental Quality I DNislon of Coastal Management
Elizabeth City Office 1 401 South Griffin Street, Suite 300 1 Elizabeth City, North Carolina 27909
D E
00101
252.2643901
ROY COOPER
Governor
ELIMETH S. BISER
Seoetary
BRAXTON DAVIS
Director
September 7, 2021
Jay & Elaine McDonald
123 Camden Avenue
Camden, NC 27921
NORTH CAROLINA
Environmental Quality
RE: Payment of Proposed Penaltyfor Violations of the Coastal Area ManagementAct,
Camden County, CAMA Violation #21-16A
Dear Mr. & Mrs. McDonald:
This letter will acknowledge receipt of check #1686 in the amount of $414.00 received
09/03/21. 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.
Sincerely,
l4on Ren (strict Manager
Northeastern District
Division of Coastal Management
RR/eg
cc: Roy Brownlow, Compliance Coordinator, DCM RECEIVED
Sarah Loeffler, Field Representative, DCM
SEP 2 0 2021
DCM-MHD CITY
QJ North City Carolina tDepartment of Environmental Quality Division Coastal Management
Elizabeth Office 4015outh Griffin Street, Suite 300 Elizabeth City, North Carolina 27909
k-F-
.�r 252.264.3901
14
CAMA VIOLATION #2146A
Jay & Elaine McDonald
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 $414.00 against me for violation of the Coastal Area Management Act, NCGS
113A-100 et sew, committed on or near property located at 123 Camden Avenue, Camden in Camden
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 August 2, 2021
and agree to pay the proposed civil assessment of $414.00.
co
DATE SIGNATURE
ADDRESS
Cam e� �C
Ss,S<j-
RSC,eN � TELEPHONE NUMBER
G SEP 0 3 2021
DCM"�D
RECEIVED
SEP 2 0 2021
DCM-MHD CITY
A North Carolina Department of Environmental Quality I Division of Coastal Management
Elizabeth City Office i 401 South Griffin Street, Suite 300 1 Elizabeth City, North Carolina 27909
+v .`r 252,264,3901
NC Division of Coastal M—anagement 15 1 Q -1 MB -C 16
Cashier's Official Receipt
Date:. T 20
Received From: !x�✓t-0 Mf I)wQ• s LI I H , 66
/7
Permit No.: r i'y' % � to 55,p `s4 bJw.vi� � L 1 ' I i0 k Check No.:
Applicant's Name: Ci i 4 4" � t QA Vrr D M � C v10 � County: r�.�nn! �-e .�
Project Address: 12y Loam ijw Asm i(fAAAAA.11 N( 21..A21
.Please retain receipt for your records as proof of payment for permit issued.
Signature of Agent or Applicant: Dater.
Signature of Field Representative: .. Date:
• � .. �.r..<.Y.u_'�.u3.��.. f a�._.u:.v't.v2u t �. wuY.«u�.:u.v.r.LL :: ✓.a��4..i:a.��..ulaei..iJ:�.. s..suvCu�v..�3.��4:
DCM ENFORCEMENT TRACKING REPORT
rld V d k 1. t f lQ,(/ Issuer
Field Rep. � �° X Violation Case No. L
Violation Description Initial Discovery Date 6 � /1�
2-1
Violation Description C 6V%9i-yM
111
Respondent Name(s)
1
Violated Permit No. N O Q17t �'�1�11.�ti� - � vt D V
(d WWiaee) jr-4e)(v6q - rJl ltxw oA
Was activity permittable? Yes /Q
DiscoveryMethod 5f k, Cm4A4=
I1 ..._ . f /,N-ir %f 41 r-n Mew Lo Q.16Yta
It
or D/F Violations:
Address 1Z'6 codd• d?m- PO&VLU G City
Phone# 262- 531—•f446 - Fax#
Email
C*,Wt `Q VS .__ State NC zip 2�'*l
N&
Violation Type:
Project Type:
Authorizations Required:
Site Visits Respondent
Present
Site Visits Respondent
Present
No Permit
19 Private/Community Major E) CAMA
!I Iz lI p'
Permit Condition
Govt./Public
,Minor . , D8F
� 2-f2
-
Expired Permit
Commercial
General
El
Inconsistentw/ Rules
Tier Level: I
0 III
Violation Location and Site Description
Project Location: County C&OA. �
Street Address/ State Road/ Lot #(s) 1 21L) CU,wt/11.v� hyP.n�ri2
LaVLong
e
Shoreline Length t. 110,
SAV. Not Sure Yes No
(1 PNA:
Yes No
Subdivision W `iiV S
_ Q
r.�P Lt-•
AO acent
ZIP ITT Y-1
City &MA.111 jin
.
Phone # ( =T
L
River Basinf'l Pa 544J —k Photos
(S No
Adj.Wtr. -Body
-fir
Kl/Bt/ ,Tatman/unkn) - Wmw Required vea No
Closest Maj. WinBody VaAaAxDsk
nn
Fit Spy, DWQ Buffer 9 applicable:
Restoration
Initial Req. Comp. Date 21
Extension Granted Yes No
NOV Date LJ+L.
Date Comp. Observed
2(4
Restoration Letter 8 30
Acceptance Date
CNOV Date
Penalty Assessment p/� 1
Sent to Respondent Date U M I-
Rcvd. by Dist. Mgr. Date
Assessment Extended Yes No
RECEIVED
U.0419 Ref.
Recomm. Assess.
DCM Assess.
App./Permit Fee
pU,^W V1DI4i1► $ 100 0C)
$ 1 JO. 00
Penalty
(�ic2) ca
$ 2 • d�
$ o1J V -00
WiI5intent.
Is
$
Continuing
$
$
Investigative
G-)
I $ t. , OD
$ ?1,4.00
u✓5,ssr' 2
Total
` %� 10 DD
f l
SEP 2 0 2021 t i -PFId— X "32
)r-M-MHD CITY
Formal Assessments, Appeals and Reductions'
Date Long Form Submitted Assessment Appealed: Yes No
-; `Date Formal CPA'Submi@ed
Q Penally modified
Ffnal'Assessment $'! Date
Attorney General's Office for Injunction or Formal Collection
Dale sent to AG Respondent not responsive to penaltylNOV Q . Injunction to complete restoration
j - t% Date Collection Let, Sent Date Demand Let. Sent
Violation Activities and Impacts
AECs Affected: Wetlands Impacted? Yes./No) If yes, which types:
.. �. VN BN , PTA
OEA HHF ' ' IH © '- SA' � US.- .."CJ SY JR' LS` - - TY
PWS: FC: SS SC SP -.IF .. ,BF., -„ 404
Restoration Required by the Respondent
Dimem
of permit/ um
Devar�meM.Actnntt�; ....�i
Habl,�t"k7as«tRUQb; > ' .a',
NOTES:
No
excess 'Dimensions torestore
ad activities
Final dimensions
allowed ...
Closing I
/!..
ry Payment Received $ / yv,) Date /.�� / - Date Case Closed
Actually restored
L