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Home My WebLink About17-01B Jemison17-01B ROY COOPER MICHAEL S. REGAN BRAXTON C. DAVIS Coasra+,tilanagemenr 10 May 2017 CERTIFIED MAIL 7016 3560 0001 1506 5718 RETURN RECEIPT REQUESTED Ms. Barbara Jemison Post Office Box 665 Ocracoke, North Carolina 27960 Dear Ms. Jemison: This letter is in reference to the Notice of Violation that Steve Trowell, Representative for the Division of Coastal Management, issued to you on 10 April 2017 for unauthorized development in violation of the Coastal Area Management Act (CAMA) (G.S. I I3A-100) and the Dredge and Fill Law (G.S. 113-229). The violation occurred onsite your property located off SR 1351 at 34 Northern Pond Road adjacent North Pond off the Pamlico Sound in Ocracoke Village, Hyde County, North Carolina The violation resulted from the unauthorized excavation in excess of the permitted depth specifically stated in permit condition number two of Major CAMA/Dredge and Fill permit no. 45-16. Specifically, the aforementioned permit condition limited the depth of excavation "not to exceed -3' below the normal water level (NWL) also "In no case shall the depth of excavation exceed the depth of connecting waters." My compliance monitoring on 28 March 2017 documented an area 1,265 ft2 where the depth of excavation ranged from -4.5' to -6.0' below NWL. The affected area of Pamlico Sound bottom was excavated to an average depth of -5' below the NWL, 2' deeper than the connecting nearshore depths and 2' deeper than the you were permitted to excavate per the aforementioned permit. North Pond and the Pamlico Sound are a Public Trust Area and Estuarine Water Area of Environmental Concern and no permit was issued to you for this development in these areas. Therefore, I conclude that you are in violation of the Coastal Area Management Act. The Coastal Area Management Act provides that a civil assessment of up to $10,000 may be assessed against any violation. It is the policy of the Coastal Resources Commission to assess a civil penalty for all violations. This is done to recover some of the cost of investigating violations and/or to compensate the public for any damage to its natural resources. Under Coastal Resources Commission rules, a proposed civil penalty in the amount of $554 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, waiving your right to an administrative hearing, and RECEIVED MAY 12 2017 6 vu of\mh Cudw Faim�vrcnal QoalmCovoi\hm�emr..t 9J3 R'a�hvgtrn Sasue?fall R'a�hinpov,VC:469 :52936613i DCM- MHr` T"_._, Ms. Barbara Jemison 10 May 2017 Page 2 of 2 paying the amount proposed above. In order to do this, you must: (1) sign one of the attached copies of a "Waiver of Right to an Administrative Hearing and Agreement to Pay Civil Assessment', (2) attach a check or money order for $554 made payable to the North Carolina Department of Environmental Quality (NC DEQ); and (3) return the signed waiver and payment to this office in the enclosed, self-addressed envelope within ten (10) days of receipt of this letter. Upon receipt of your check I will deposit it in the Department's account and issue you a Notice of Compliance officially closing this enforcement action. If you do not send a signed waiver and payment to this office within ten (10) days, the Director, 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 remission of the penalty. Thank you for your time and cooperation in resolving this matter. If you have any questions, please do not hesitate to contact me at my Washington Office, (252) 948-3852. Sincerely, RECEIVED MA'S 12 2017 Jonathan Howell District Manager DCM- MHD CITY Division of Coastal Management Washington Regional Office ENCLOSURE Cc: Steve Trowell - Coastal Management Representative, Washington Regional Office, DCM }' ike Loposanski — Acting Assistant Director, Morehead City, DCM ,/Roy Brownlow - Enforcement Coordinator, Morehead City, DCM Anthony Scarbraugh - Division of Water Quality, Washington Regional Office Raleigh Bland - U.S. Army Corps of Engineers, Washington Regulatory Field Office FMI Coastal Management ENVIRONMENTAL QUALITY 24 May 2017 Ms. Barbara Jemison PO Box 665 Ocracoke, NC 27960 RE: Payment of Proposed Penalty for Violations of the Coastal Area Management Act Committed in Hyde County CAMA Violation No. 17-01B Dear Ms. Jemison: ROY COOPER MICHAEL S. REGAN BRAXTON C. DAVIS This letter will acknowledge receipt of Check No. 3912 in the amount of $554.00, and dated 18 May 2017. 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. Sincerely, 4��X4144q Johnathan Howell District Manager Division of Coastal Management Washington Regional Office Cc 6/Roy Brownlow, Compliance & Enforcement Coordinator, DCM Steve Trowell, Coastal Management Representative, WARD, DCM Kevin Hart, Compliance and Enforcement Representative, WARD, DCM RECEIVED MAY 2 6 2017 DCM- MHD CITY !'/Nothing Compares_ 8 tab RfN'w& Cmalvu', Fmvi aaaal Qaahty'1 Cmtdlfam8amtat 943Wnhi,S nS9me1%1a9 Wathiajt ,NC37889 2529466481 90 17-01B Coastal Management ENVIRONMENTAL QUALITY NOTICE OF VIOLATION 10 April 2017 CERTIFIED MAIL 7015-0640-0007-2358-7584 RETURN RECEIPT REQUESTED Ms. Barbra Jemison Post Office Box 665 Ocracoke, North Carolina 27960 Dear Mr. Jemison: ROY COOPER MICHAEL S. REGAN ,; -; h„l, BRAXTON C. DAVIS Ulteotor This letter confirms our 16 March 2017 phone conversation concerning potential unauthorized excavation activities onsite your property located off SR 1351 at 34 Northern Pond Road Adjacent North Pond off the Pamlico Sound in Ocracoke Village, Hyde County, North Carolina This letter also confirms my onsite permit compliance monitoring activities on 8 and 28 March 2017. Assisting me in your presence during the 28 March onsite monitoring was Mr. Shane Staples, Division of Coastal Management (DCM) Fisheries Resource Specialist. The purpose of these onsite permit compliance activities was to monitor excavation work authorized by Major CAMA/Dredge and Fill permit no. 45-16. Information gathered by me for the Division of Coastal Management indicates that you have undertaken unauthorized major development in violation of the Coastal Area Management Act (CAMA) as well as the State's Dredge and Fill Law. No person may undertake major development in a designated Area of Environmental Concern (AEC) without first obtaining a permit from the N.C. Department of Environment and Natural Resources. This requirement is imposed by N. C. General Statute (herein abbreviated N. C. G. S.) 113A-118. Information I have indicates that you have undertaken, or are legally responsible for the unauthorized excavation in excess of the permitted depth specifically stated in permit condition number two of Major CAMA/Dredge and Fill permit no. 45-16. Specifically, the aforementioned permit condition limited the depth of excavation "not to exceed -3 feet below the normal water level (NWL)" also "In no case shall the depth of excavation exceed the depth of connecting waters." My compliance monitoring on the 28 march 2017 documented an area 1,265 ft' where RECEIVED -/Nothing Compares'—,- APR 122017 SnteofNm&Cudma Enaim MAQ.IhtF CmItIl Mam,emmt 943W.hu4, SRRua,1aU NV.dm,mn.NC.-9s9 DCM- MHD CITY 25294664S] Ms. Barbra Jemison 10 April 2017 Page 2 of 3 the depth of excavation ranged from 4.5' to 6.0' below the NWL. The affected area of Pamlico Sound bottom was excavated to an average final depth of minus 5' below the NWL, 2' deeper than the connecting nearshore depths and 2' deeper than you were permitted to excavate per your aforementioned permit. North Pond and the Pamlico Sound are an Estuarine Water and Public Trust Area of Environmental Concern. Estuarine Waters and Public Trust Area are designated Areas of Environmental Concern (AECs) and no permit was issued to you for development in these areas. Therefore, I conclude that you are in violation of the Coastal Area Management Act I request that you immediately CEASE AND DESIST any further unauthorized activities within designated Areas of Environmental Concern. If the development that you have undertaken is not consistent with applicable standards, as in this case, you will be required to restore all affected areas to their former conditions. A civil assessment of up to $10,000 may be assessed against any violator. Each day that the development described in this notice is continued or repeated may constitute a separate violation which is subject to an additional assessment of up to $10,000. An injunction or criminal penalty may also be sought to enforce any violation. N.C.G.S. 113A-126 It is the policy of the Coastal Resources Commission to levy a civil assessment not to exceed $10,000 against all violations. This is done to recoup some of the costs of investigating violations and/or to compensate the public for any damage to its natural resources. Whether a higher amount will be assessed depends on several factors, including the nature and area of the resources that were affected and the extent of the damage to them. You are also in violation of the State's Dredge and Fill Law which requires a permit from the N.C. Department of Environmental Quality before undertaking any excavation or filling in any estuarine waters, tidelands, marshlands, or a state-owned lake. N.C.G.S.113-229 The excavation activities that you have undertaken was done without a permit from this Division. Therefore, I also request that you immediately CEASE AND DESIST such unauthorized activities violating the permit requirements of the Dredge and Fill Law. Violations of the State's Dredge and Fill Law may be enforced by a criminal penalty or a civil action for damages or an injunction. N.C.G.S. 113-229 Based upon N. C. Administrative Code, 7H. State Guidelines for Areas of Environmental Concern, specifically 7H.0208(b)(F), the excavation work you have undertaken, excavating the Pamlico Sound bottom deeper than the connecting water depths, is not consistent with these regulations. However, due to the large volume of littoral sand drift in this location, this one-time excavation event where excavation exceeded the depth of connecting waters will not create permanent, irreversible, or long term impact(s). Therefore, restoration of the affected area will not be required at this time. Please understand that continued excavation of this area in excess of the depths permitted/conditioned in Major CAMA/Dredge and Fill permit no. 45-16 will lead to more significant long term impacts for which this Division will seek restoration of the affected areas. Pending submittal of an enforcement report you will be notified as to the amount of a civil assessment for undertaking development without the proper permits. RECEIVED APR 12 2017 DCM- MHD CITY Ms. Barbra Jemison 10 April 2017 Page 3 of 3 Thank you for your time and cooperation in resolving this matter. If you have any questions about this or related matters, please call me at (252) 946-6481. Sincerely, Steven J. Trowell Coastal Management Representative Cc: Jonathan Howell - District Manager, Washington Regional Office, DCM Mike Loposanski — Acting Assistant Director, DCM Roy Brownlow — Enforcement Coordinator, DCM Raleigh Bland — U.S. Army Corps of Engineers, Washington Office Anthony Scabraugh - Division of Water Resources, Washington Office John W. Brown III — 4359 Redwood Lane, Whitakers, NC 27891 Peter Warlick — 6131 Boca Raton Drive, Dallas, TX 75230 RECEIVED APR 12 2017 DCM- MHD CITY