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14-11A Atkinson
NCDENR North Carolina Department of Environment and Natural Resources Pat McCrory Governor April 28, 2014 Mr. John Atkinson, Jr. Atkinson Farms, Inc. 16412 Sisco Town Road Painter, VA 23420 John E. Skvarla, III Secretary RE, Payment of Proposed Penalty for Violations of the Coastal Area Management Act, Dare County, CAMA Violation #14-11A Dear Mr. Atkinson: This letter will acknowledge receipt of your Check #6586, in the amount of $554, and dated 04/15/2014. Once the amount of the check is credited to the Department of Environment and Natural Resources' account, this matter will be fully and completely closed. If you have any further questions concerning this matter, please contact me at my Elizabeth City office at 252-264-3901. Sincerely, Frank Jennings, District Manager Northeastern District Division of Coastal Management FJ/yc cc: Ony Brownlow, Compliance Coordinator, DCM, Morehead City Kelly Russell, Coastal Management Rep., DCM, Elizabeth City ,fir, naww MAY 0 2 2014 1367 US 17 South, Elizabeth City, NC 27909 DCM MRD c19'1' Phone: 252-264-39011 FAX: 252-264-3723; Internet: http://podal.ncdenr.ora/web/cm/dcm-home An Equal Opportunity I AKrmagve Action Employer John Atkinson Jr r' ` April 11,2014 r--E-------:' Page 3 of 3 IAPR 2 5 2014 CAMA VIOLATION #14-11A John Atkinson Jr. AGREEMENT TO PAY PROPOSED CIVIL ASSESSMENT I understand that the staff of the Department of Environment and Natural Resources will propose the assessment of a civil penalty in the amount of $554.00 against me for violation of the Coastal Area Management Act, NCGS 113A-100 et sec, committed on or near my property 82 Ballast Point Or in 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 April 11, 2014, and agree to pay the proposed civil assessment of $554.00. DATE I�C81VP,l� � MAY 0 2 2014 DCIA- fMCITY g9 k, A4 k., A,r m ATKINSON FARMS, INC. 06-00 16412 SISCO TOWN RD. PH. 757-442-4647 PAINTER, VA 23420 PAY TO THE ORDER SlGhATUR'E' LA I a MIA In ! TELEPHONE NUMBER - Lt DATE 65270-550 -- L—"— I Iln�� eSCIACCeS $ !JCJ' 'a) DOLLARS 8 SUN'MUST mm,o o,w J FOR n-000065i36u■ i:0550027071: 70028i6io1' MOM NCDENR North Carolina Department of Environment and Natural Resources Pat McCrory John E. Skvarla, III Governor Secretary April 11, 2014 CERTIFIED MAIL #7012 0470 0002 0007 7276 RETURN RECEIPT REQUESTED John Atkinson Jr. 16412 Sisco Town Rd. Painter. VA 23420 RE; CAMA VIOLATION #14-11A Dear Mr. Atkinson: This letter is in reference to the Notice of Violation dated April 11, 2014 that Kelly Russell, representative for the Division of Coastal Management, issued to you for the installation of a double jetski lift at 82 Ballast Point, Dare County. The violation involved Estuarine Waters/ Public Trust Areas, which are areas of Environmental Concern designated by the Coastal Resources Commission. The Coastal Area Management Act provides that a civil assessment of up to $10,000 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 $554.00 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 $554.00 made payable to the North Carolina Department of Environment and Natural Resources (NCDENR); 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 remission of the penalty. BEMTM APR 21 2014 1367 US 17 South, Elizabeth City, NC 27909 DCM•MHDCr Y Phone: 252-264-39011 FAX: 252-264-3723 ; Internet: www,nccoastalmanagement.net An Equal Opportunity 1 Affirmative Action Employer John Atkinson Jr April 11, 2014 Page 2 of 3 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, Frank A. Jennings, III District Manager, Northeast District FAJlybc Enclosure: Agreement to Pay Proposed Civil Assessment cc: Roy Brownlow, Compliance Coordinator, DCM, Morehead City Kelly Russell, Coastal Management Representative, DCM, Elizabeth City John Atkinson Jr April 11, 2014 Page 3 of 3 CAMA VIOLATION #14-11A John Atkinson Jr. AGREEMENT TO PAY PROPOSED CIVIL ASSESSMENT I understand that the staff of the Department of Environment and Natural Resources will propose the assessment of a civil penalty in the amount of $554.00 against me for violation of the Coastal Area Management Act, NCGS 113A-100 et sec, committed on or near my property 82 Ballast Point Dr in 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 April 11, 2014, and agree to pay the proposed civil assessment of $554.00. DATE SIGNATURE ADDRESS TELEPHONE NUMBER It]rMVED APR 21 2014 DCM•MHDCtrV : : ; , :!'0 � . I i . , .. - 1. " � )f � A ?-011 w NC 'ERR North Carolina Department of Environment and Natural Resources Pat McCrory John E. Skvarla, III Governor Secretary NOTICE OF VIOLATION April 11, 2014 CERTIFIED MAIL 7012 0470 0002 0007 7276 RETURN RECEIPT REQUESTED John Atkinson Jr 16412 Sisco Town Rd. Painter, VA 23420 RE: VIOLATION(S) OF CAMA GENERAL PERMIT NO. A61405 CAMA VIOLATION #14-11A Dear Mr. Atkinson: This letter confirms that on April 9, 2014, 1 was onsite at your property located at 82 Ballast Point Dr. adjacent to Roanoke Sound located in Manteo, Dare County, North Carolina, The purpose of the visit was to monitor the permitted development of the construction/installation of a single jetski lift adjacent to the Roanoke Sound. Information gathered by me for the NC Division of Coastal Management shows that you have violated the terms or conditions of CAMA General Permit No.A61405 which was issued to you by the Coastal Resources Commission and the North Carolina Department of Environment and Natural Resources. I hereby request that you immediately CEASE AND DESIST such violation(s) and comply with the terms and conditions of the above permit. On March 7, 2013, CAMA General Permit No. A61405 was issued to John Atkinson Jr. for the construction/installation of a single jetski lift adjacent to the Roanoke Sound within the Estuarine Waters/ Public Trust Area on property located in Dare County, North Carolina. This permit was issued for development in an Area of Environmental Concern, in accordance with North Carolina General Statutes (N.C.G.S.)113A-118. For the following reasons, you are in violation of the terms and conditions(s) of your permit; 1. Installation of a double jetski lift I request that you immediately CEASE AND DESIST any further development and contact me about this matter. A civil assessment of up to $10,000 plus investigative costs may be assessed against any violator. 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 N.C.G.S.113A-126,Cygp 1367 US 17 South, Elizabeth City, NC 27909 R APR 21 2014 Phone: 252-264-39011 FAX: 252-264-3723 ; Internet: www.nocoastalmanagement.net An Equal Opportunity 1 Affirmative Action Employer DCNvf MHDC" John Atkinson Jr. April 11, 2014 Page 2 It is the policy of the Coastal Resources Commission to levy a civil assessment not to exceed $10,000 plus investigative costs 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. 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. Thank you for your time and cooperation in resolving this important matter. If you have any questions about this or related matters, please call me at (252) 264-3901. You will be notified as to the amount of the civil assessment for failure to comply with the terms, conditions, or requirements of such permit. Sincerely, 0. Kelly I�sell Coastal Management Representative Cc: Frank Jennings, District Manager, DCM Roy Brownlow, Compliance Coordinator, DCM ENCLOSURE DCM ENFORCEMENT TRACKING REPORT Violation Description Initial Discovery Date Violation Respondent Name(s) Address I !nL4 I;? Phone # Corporate Name & Registered agent Violation Case No. lgyt r)) iI jj/'''!y�'' Permit No._l..l ((JI4()J (if applicable) City - Ld, --r State-OL zip 03`lan Violation Type: 'Project Type: Authorizations Required: Site Visits Respondent Site Visits Respondent No Permit Private/Community Major CAMA Present ; I Present El ©Zlko Permit Condition F1 Govt./Public ❑ Minor ❑ D&F Expired Permit Commercial R General El El Inconsistent w/ Rules Tier Level: 1 II III El 11 Violation Location and Site Description LaULong Project Location: County :Dk jp Shoreline Length Street Address/ Slate Road/ L #(s) SAV: Not Sure Yes No Sandbags: Not Sure Yes N Subdivision'm PNA: YesgoAdjacent City �`iaF1-k II,, Fj 11 zip ORN YesAdjacent �G{ Crit. Hab. Yes Phone#( _) River Basin 1"04 Photos es No Adj. Wtr. Body/ np�P ��rrf h� (nac7/man/unkn) Waiver Required Yes No `_— In DWQ Buffer Area Yes No Closest Maj. W tr. Body Specify DWQ Buffer if applicable: Restoration NOV Date CNOV Date Penalty Assessment Sent to Respondent Dale Rcvd. by Dist. Mgr. Date Assessment Extended Yes No Initial Req. Comp. Date Date Comp. Observed App./Permit Fee Penalty Willful/Intent. Continuing Extension Granted Yes No Restoration Letter Acceptance Date 7J.0409 Ref. Recomm. Assess. DCM Assess. Total DCM-MHD CITY Formal Assessments, Appeals and Reductions Date Long Form Submitted Assessment Appealed: Yes No Date Formal CPA Submitted Penalty modified Final Assessment $ Date - Attorney General's Office for Injunction or Formal Collection Date sent to AG ❑ Respondent not responsive to penalty/NOV ❑ Injunction to complete restoration Date Collection Letter Sent Date Demand Letter Sent Violation Activities and Impacts AECs Affected: Wetlands Impacted? Yes If yes, which types: CW PT ES PTS OEA HHF UBA N/A SA DS CJ SY JR LS TY PWS: FC: SS SC SP IF BF 404 Other: Restoration Required by the Respondent Yes No Dimensions in excess Dimensions to restore Final dimensions Actually restored of permit/ unauthorized activities allowed Development Activities Habitat Description NOTES: Closing Payment Received $ Date Date Case Closed J `ri r- 4 / ❑ DREDGE & FILL 11 PEN2 4L PERMIT Previous permit# � NI[av�❑Modification ❑Complete Reissue ❑Partial Reissue Date previous permit issued As authorized by the State of North Carolina, Department of Environment and Natural Resources - and the Coastal Resources Commission in an area of environmental concern pursuant to I SA NCAC p Rules attached. Apjs(l "alitN)a)me ' § j (` ° f f f t f ) h Project Location: County Address U t ( CA V ° ' !, ctreor a irccc/ State Road/ Lot #(s) City—A`�u If °� �r. State �` ?�'� ZIP ``JJ Phone #�j(n) 4`a 4 Fax#S( } Author fed'Age tt" Affected ❑ GW d EW 0 PTA El ES ❑ PTS ❑OEA ❑HHF ❑IH ❑UBA ❑N/A AEC(s): ❑ PWS: ❑FC: ORW: yes /-no PNA yes / no Crit.Hab. yes I no Type of Project/ Activity Pier (dock) length Finger pier(s) Groin length number Bulkhead/ Riprap length avg distance oRsha max distance offsh Basin, channel cubic yards_ Boat ramp Boathouse/ Boadift Beach Other Subdivision Cty ZIP Phone# (_)— River Basin Adj. Wtr. Body (nat /man /unkn) Closest Maj. Wtr. Body Shoreline Length SAV: not sure yes no r I --- '-- ° '�-- Sandbags: not sure yes 'no Moratorium: %n/ayes., no Photos:. yes.; no - - -'- Waiver Attached: yes ,j no � - ---- -- _. ---' ___ A building permit may be required by: Notes/ Special Conditions ,. ❑ See note onk er Basin rules. APR 13 ate lame SOS N1V SOS H r� r a a iH H zro wo oz Z y 00 V (N O WV 0 CD O lG (A rt o . 0 0 rt j F rt x OD V 0 O WV col< rtO O X 0 rt A rt a , N X O' U1 Lo rt, a 0 N F rm+ m 0 O' F a O 0