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Home My WebLink About05-32A AveryFILE MEMORANDUM TO: ROY BROWNLOW, COMPLIANCE COORDINATOR FROM: M. TED TYNDALL, ASST. DIRECTOR SUBJECT: VIOLATION CASE CLOSURE RECOMMENDATIONS DATE: 02/01/2012 CC: RONDA BENNETT Investigation has disclosed information that warrants discontinuation of enforcement action on the case listed below. Therefore, based upon staffs review and circumstances in this case, I hereby authorize closing/discontinuing CAMA Violation case No.: D S -3 2A 02/01/2012 M. TED TYNDALL, Assistant Director Date APA NCDENR Yid>' RB TB i( TB iR6 MTT North Carolina Department of Environment and Natural Resources Division of Coastal Management Michael F. Easley, Governor Charles S. Jones, Director William G. Ross Jr., Secretary NOTICE OF VIOLATION iiL//✓�� o November 21, 2005 NOV Z 8 2005 CERTIFIED MAIL RETURN RECEIPT REQUESTED Mr. Eric Avery BD&A 821 Ocean Trail, Suite 4 Corolla, NC 27927 7yo re4mr�� Morehead City E)CM RE: NOTICE OF VIOLATION AND REQUEST TO CEASE UNAUTHORIZED DEVELOPMENT CAMA VIOLATION#05.32A Dear Mr. Avery: This letter is in reference to a site visit I made on October 14, 2005 to Mr. Stanley Crossland's and Mrs. Deborah Deaton's property located at 39200 Albacore Lane located in or near Avon in Dare County, North Carolina. The purpose of the visit was to investigate the unauthorized installation of a bulkhead. This letter also confirms that subsequent conversations with Mr. Barry Gower of BD&A revealed that General Permit #40151A had been issued on December 17, 2004 to install the bulkhead and a pier, however the permit had expired on March 17, 2005. Information gathered by me for the Division of Coastal Management indicates that your actions as contractor for Mr. Stanley Crossland and Mrs. Deborah Deaton are 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 North Carolina Department of Environment and Natural Resources pursuant to the North Carolina General Statutes (N.C.G.S.) 11 3A-1 18. I have information that indicates you have undertaken or are legally responsible for installing a 70-foot bulkhead on the aforementioned property without a current permit. This activity took place in Estuarine Shorelines, Estuarine Waters, and Public Trust Areas that are contiguous with the Pamlico Sound. Estuarine Shorelines, Estuarine Waters, and Public Trust Areas are designated as Areas of Environmental Concern (AEC). No permit was issued to you for work in this area. Based on these findings, I am initiating an enforcement action by issuing this Notice of Violation for violation of the Coastal Area Management Act and the State's Dredge and Fill Law. 1367 U.S. 17 South, Elizabeth City, North Carolina 27909 Phone: 252-264-3901 \ FAX: 252-264-3723 \ Internet: www.nccoastaimanagement.net An Equal Opportunity \ Affirmative Action Employer— 30% Recycled by Fiber Weight I request that you immediately CEASE AND DESIST any further development and contact me about this matter. A civil assessment of up to $2,500 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 $2,500. An injunction or criminal penalty may also be sought to enforce any violation pursuant to N.C.G.S.113A-126. It is the policy of the Coastal Resources Commission to assess a minimum civil penalty $200 against all violations. This is done to recoup some of the costs of investigating the violation and/or to compensate the public for any damage to its natural resources. Whether a higher amount will be assessed will depend 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 North Carolina Department of Environment and Natural Resources before undertaking any excavating or filling in any estuarine waters, tidelands, marshlands, or state-owned lakes pursuant to N.C.G.S. 113-229. Therefore, I also request that you immediately CEASE AND DESIST such unauthorized activity and contact me about this matter as well. Violations of the State's Dredge and Fill Act may be enforced by a criminal penalty or a civil action for damages or an injunction in accordance with N.C.G.S.113-229. Based upon the North Carolina Administrative Code, Title 15A, Subchapter 7J.0409(f)(4)(F)(ii), the policy of the Coastal Resources Commission is to levy a civil assessment against contractors in addition to that assessed against the landowner. Therefore, since this is your fourth Notice of CAMA Violation in the same Area of Environmental Concern, you should expect a civil assessment to be levied against you. 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 REQUEST TO CEASE AND DESIST has been complied with. I request that you contact me immediately about these important matters. Sincerely, &Ct hn Cece Coastal Management Representative JC:yc cc: Ted Tyndall, Assistant Director, NC Division of Coastal Management (DCM), Morehead City Ted Sampson, District Manager, DCM, Elizabeth City Roy Brownlow, Compliance Coordinator, DCM, Morehead City Jim Meads, LPO, Dare County Nov g nq DCM ENFORCEMENT TRACKINP REP01 Iasijer DC Field Rep % 014N C�� Violation Base No. — Field C D LPO J I M rYl EM S j'� Violated Permit Nc LPJ I+�C=��t��r— —� (Itapplicable) . Violation Descripti n Initial Discovery Date Discovery Method Violation Description I ent Information Prior Violations in sattje AEC: Was activity permittable? No { Respondent Name(s) L— QVMI t City 1LL State Address — Phone #_� 36l00 Fax # — Email Violation Type: No Permit ❑ Permit Condition —'� Expired Permit Project Type: PrivatelCommunity �Govt./Public ❑ Commercial Authorizations Required; ❑ Major CAMA ❑Minor [ f D&F General ❑ inconsistent w/ Rules Violation Location and Site Description Project Location: County PAPC� Street Address/ State Road/ Lot #(s) 3 "I 9(%� �f ORE AA�F Lort 16 -3 � SOS JCA l' % Subdivision., — -7T,�� /=&0 City_ --A —_ ZIP-_ 39— — Phone # ().� y �1,3 River Basin (t'a� aD-Luni — Adj. W[c Body _�---- Closest Maj. Wtr. Body Restoration NOV Date � (7 CNOV Date --- Penalty Assessment Sent to Respondent Date Rcvd by DCM Date Assessment Extended Yes No initial Req. Camp. Date site Visits Respondent Present 1/ S ❑ J _ No Zip a 7V 7 site Visits Respondent' Present C Rover File i Shoreline Length —70 SAV; Not Sure Yes Sandbags: NotSure Yes PNA; Yes Adjacent ORW: Yes Adjacent Crit. Hab. Yes C� Photos & No Waiver Required Yes isJ In DWQ Buffer Area Yes Specify DWQ Buffer if applicable: �= Date Comp. Observed --- 71.0409 Ref. App,lPermit Fee Penalty Continua Other -- Extension Granted Yes No Restoration Letter Acceptance Date ----- -- _ Recomm. Assess. ; DCM Assess. 1s fC)0-- $is s i 'S Formal Assessments, Appeals and Reductions Date Long Form Submitted Date Formal CPA Submitted Final Assessment Attorney General's Office for Injunction or Formal Collection Date sent to AG, Assessment Appealed Yes No ❑ Penalty modified ❑ Respondent not responsive to penalty/NOV ❑ Injunction to complete restoration Date Collection Let. Sent Date Demand Let. Sent Violation Activities and Impacts AECs A ed: Wetlands Impacted? Yes / N® If yes, which types: EW YIEs ES PTS SA OS' CJ SY A LS TY OEA • HHF IH SS SC SP IF BF 404 PWS; FC: Restoration Required by the Respondent Yes / No Dimensions In excess of permit/ unauthorized activltles Dimensions to restore Final dimenslons allowed Actually restored Development Activities 0' P_r Habitat Description NOTES: Closing Payment Received 5___._.__—_._.--_Date ____-- Date Case Closed