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HomeMy WebLinkAbout21-02A - LittleROY COOPER DIONNE DELLFGATTI Secretary BRAXTON DAVIS Director NORTH CAROLINA Environmental Quality March 5, 2021 CERTIFIED MAIL 7020181000159811884 RETURN RECEIPT REQUESTED Rush and Margaret Little 55 Boca Chica Road, Lot 110 Key West, FL 33040 RE: CAMA VIOLATION #21-02A Dear Mr. and Mrs. Little: This letter is in reference to the Notice of Violation dated February 9, 2021 that J. E. "Ed" Snyder, Code Compliance and Local Permit Officer for the Town of Nags Head, issued to you for the unauthorized removal of the vegetated frontal dune at 9327 8 E. Olympic Street in Nags Head, Dare County. The violation involved the Ocean Erodible Area, which is an Area of Environmental Concern designated by the Coastal Resources Commission. Based upon the site visit conducted on February 24, 2021 by Mr. Snyder, 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 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 $500 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 $500 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. Rush and Margaret Little North Carolina Department of Envlronmental Quality I Division of Coastal Management Washington Office 1 943 Washington Square Mall I Washington North Carolina 27889 1 252.946.6481 w haingion Office 1 127 Cardinal Drive Extension I Wilmington, North Carolina 28405 1910.796.7215 Y \ �� Morehead Qty Office 400 ConmKrce Avenue I Morehead City. North Carolina 28557 2528082808 o. W 1 Elizabeth Clry Office 1 401 Smith Griffin Street. Suite 300 1 Elizabeth City, North Carlow 27909 1 252.264.3901 MW March 5, 2021 Page 2 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) 948-3851. Si ely, Kelly Spivey District Manager, WaRO NC Division of Coastal Management Enclosures cc: Roy Brownlow, Compliance Coordinator, DCM. Morehead City Yvonne Carver, Coastal Management Representative, DCM, Elizabeth City Ed Snyder, Code Compliance and Local Permit Officer, Town of Nags Head North Carolina Department of Errvlronmental Quality I Division of Coastal Management was Washington Office 1 943 Washington Square Mall I Washington, North Carolina 27889 1 252.946,6481 :/ Wilmington Office 1127 Cardinal Drive Extension I WI1mington, North Carolina 284051 910,796.7215 e � Morehead City Office 1 400 Commerce Avenue I Morehead City, North Carolina 28557 1 252.808,2808 Elizabeth City Office 1 401 South Griffin Street, Suite 3001 Elizabeth City, North Carolina 279091 2522643901 CAMA VIOLATION #21-02A Rush and Margaret Little 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 $500 against me for violation of the Coastal Area Management Act, NCGS 113A-100 et seg, committed on or near property located at 9327 B E. Olympic Street in Nags Head, Dare 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 February 9, 2021, and agree to pay the proposed civil assessment of $500. DATE SIGNATURE ADDRESS TELEPHONE NUMBER EMAIL ADDRESS North Carolina Department of Emlmnmental Quality I Division of Coastal Management Washington Office 1943 Washington Square Mall I Washington North Carolina 27889 1252.946.6481 FM Wilmington Office 1 127 Cardnal Drive Extension I Wilmington. North Carolina 28405 1 910.796.7215 14, ^ � Morehead Ctty Office 400 Commerce Avmue 1 Morehead Crq, North Carolina 28557 125211082808 Elizabeth City Office 1 401 South Griffin Street. Suite 300 1 Elizabeth City, North Carolina 27909 1 Z52,2643901 ROY COOPER Governor DIONNE DELLI-CATTI Secretary BRAXTON D"IS Director Rush& Margaret Little 55 Boca Chica Rd Lot 110 Key West, FL, 33040 NORTH CAROLINA Environmental Quality March 24, 2021 RE: Payment of Proposed Penalty for Violations of the Coastal Area Management Act. Committed in Dare County CAMA Violation NO#21-02A Dear Rush & Margaret Little: This letter will acknowledge receipt of Check No, 6009 in the amount of $500.00 and dated 3/17/2021.Once the amount of the check is credited to the Department of Environmental Quality account this matter will be fully and completely closed. If you have any further questions concerning this matter, please contact me (252)948-3851, at the Washington Regional office. Sincere Kelly Spivey District Manager Division of Coastal Management Washington Regional Office Cc Roy Brownlow, Compliance & Enforcement Coordinator, DCM Yvonne Carver, Coastal Management Representative, DCM North Carolina. Department of Environmental Quality I. Division of Coastal Management Washington Office 1943 Washington Square Mall l Washington, North Carolina 27889 1 252.946A48l �✓')) Wilmington Office 1127 Cardinal Drive Extension 1 Wilmington, North Carolina 284051910196.7215 im bo�� Morehead City Office 1400 Commerce Avenue I Morehead City, North Carolina 28557 1252.808.2808 Elizabeth City Office 1 401 South Griffin Street, Suite 300 1 Elizabeth City, North Carolina 27909 1 252.2643901