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Home My WebLink About15-05B Lowry15-05 North Carolina Department of Environmental Quality O^� Pat McCrory Donald R. van der Vaart Governor Secretary 2 October 2015 CERTIFIED MAIL 7015-0640.0007-2358-7515 RETURN RECEIPT REQUESTED Mr. Peter and Sopia Lowry 1432 Fishers Mill Court Heridon, Virgina 20170 RE: STOP WORK ORDER AND NOTICE OF FAILURE TO APPLY FOR CAMA PERMIT CASE# je-_05-`3 Dear Mr. Lowry: This letter confirms that on 23 September 2015 1 was onsite your property, lots34-36 of the South Bay Pointe subdivision located off HWY 99 adjacent Bridge, Scott and Pungo Creek near the Town of Belhaven in Beaufort County, North Carolina. The purpose of the visit was to investigate unauthorized mechanized land clearing. This letter also confirms my phone conversation with Mrs. Sophia Lowry on 29 September 2015 concerning the aforementioned development activities. Information gathered by me for the Division of Coastal Management indicates that you are undertaking minor development in violation of the Coastal Area Management Act (CAMA) (North Carolina General Statute (N.C.G.S.)113A-100). No person may undertake minor development in a designated Area of Environmental Concern (AEC) without first obtaining a permit from the North Carolina Department of Environmental Quality, North Carolina General Statutes (N.C.G.S.) 113A-118. I have information that you are undertaking, or are legally responsible for, minor development by mechanically clearing an area t86' x 220' of which t25' x 220' was within 75' of Pungo Creek. This activity is taking place in the Estuarine Shoreline Area of Environmental Concern (AEC) that is contiguous with Pungo Creek. Estuarine Shoreline is define as those non -oceanfront shorelines immediately contiguous to coastal fishing waters and extending 75' landward of the normal water level. Estuarine Shoreline is designated as an Area of Environmental Concern by the Coastal Resource Commission. You are hereby requested to STOP WORK IMMEDIATELY and contact me at this office at (252) 948-3854 within 10 days of receipt of this letter to initiate the Minor CAMA Permit process. NO WORK RECEIVED 1601 Mail Service Center, Raleigh, North Carolina 27699-1601 Phone: 919-707-860011nternet www.ncdenr.gov OCT 06 2015 An Equal Opportunity 1 Affirmative Action Employer - Made in pad by recycled paper DCM- MHD CITY Mr. Peter and Sopia Lowry 2 October 2015 Page 2 of 2 MAY PROCEED UNTIL THE PERMIT IS ISSUED. If you comply voluntarily, no further action will be necessary beyond the issuance of a permit. Failure to contact this office and obtain the necessary permit or continuation of work after receipt of this Notice may constitute a violation of the Act and you may be subject to civil and/or criminal penalties as provided by North Carolina General Statute (NCGS) 113A-126. 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 NCGS 113A-126. In this case, as long as you obtain the necessary Minor CAMA permit, there will be no assessment levied against you. However, if you continue to violate the Coastal Area Management Act, you should consider yourself forewarned and expect a civil penalty to be levied against you consistent with the North Carolina Administrative Code, Title 15A, Subchapter 7J, Section .0409, as adopted by the Coastal Resources Commission. Thank you for your time and cooperation in resolving this important matter. 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 STOP WORK ORDER has been complied with. I request that you contact me immediately (252) 948-3854. Sincerely, Steve Trowell Coastal Management Representative Cc: Jonathan Howell — District Manager, Washington Regional Office, DCM Kelly Spivey — Minor Permit Coordinator, Washington Regional Office, DCM Roy Brownlow — Compliance and Enforcement Coordinator, Morehead City, DCM Anthony Scarbraugh — Division of Water Resources, Washington Regional Office RECEIVED OCT 0 6 2015 DCM- MHD COPY DCM ENFORCEMENT TRACKING REPORT Rep. J_/��l:� flyl�i�/l Iss❑uer Niance Rep. O Violation Description Initial Discovery Date e, Violation Description Ni Violation Case N( Permit Ni ( Was activi y e Prior Case No (if applicable) ;ittable? Yes / No Respondent Name(s) r'� / <� L.v /�' � C.__. ( ndowner/A nUContrador) Address S w / City %Z'�C��1 State Zip —2ol7� Phone # Fax #/Email Corporate Name & Registered agent Violation Type: Project Type: Authorizations Required: Site Visits Resp indent Site Visits Respondent ® No Permit Im Private/Community ❑Major itCAMA Pres ant Present ❑ Permit Condition ❑ Govt./Public jai Minor ❑ D&F El ❑ ❑ Expired Permit ❑ Commercial General ❑ ❑ IInconsistent w/ Rules Tier Level II III El❑ Violation Location and Site Project Location: County _ Street Addrdss/ State,Road/ Lot E City 411LA-4tl ZIP Phone #-- ( _) River Basin Adj. Wtr. Body Closest Maj. Wtr. Body >/�n NOV Date CNOV Date Penalty Assessment Sent to Respondent Date Rcvd. by Dist. Mgr. Date Assessment Extended Yes No Initial Red. Comp. Date Date Comp. Observed App./Permit Fee Penalty Willful/Intent. Continuing Lat/Long r Shoreline Length w SAV: Not E ure Yes ECEIVED Sandbags: Not re Yes r� pp cc PNA: Yes DAd�46 2015 ORYes Adjacent Crit.H� ab. &ML' MHD CITY PhotosNZ Waiver Required Y (6) In DWQ Buffer Area Now Specify DWQ Buffer if applicable: / 6^ Granted Yes No m Letter :e Date 7J.0409 Ref. Rec mm. Assess. DCM Assess. $ $ Total Formal Assessments, Appeals and Reductions Date Long Form Submitted Assessment Appealed: Yes No Date Formal CPA Submitted Final Assessment $ Date Penalty modified Attorney General's Office for Injunction or Formal Collection Date sent to AG Respondent not responsive to penalty/NOV njunction to complete restoration Date Collection Letter Sent Date Demand Letter Sent Violation Activities and Impacts AECs Affected: Wetlands Impacted? Ye / If yes, which types: CW EW PTA ES PTS OEA HHF IH UBA N/A SA DS CJ 3Y JR LS TY PWS: FC: SS SC SP F BF 404 Other: Restoration Required by the Respondent Yes / No Dimensions in excess Dimensions to restore Final dimensions of permit/ unauthorized activities allowed Actually restored Development r, Habitat Description i n NOTE$: . i .� j,-14 r, �. rill hr G� Payment Received$ Date Date Case CIOL RECEIVED OCT 0 6 Z015 DCM- MHD CITY