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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