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HomeMy WebLinkAbout17-18A CameronStwh ojdG�vlt/�Dxt/ ��(u> DCM ENFORCEMENT TRACKING REPORT II Issuer Field,Re L. sWv Alit ✓j- j-tl-t ( )kI LPO __ ❑ Violation Description Initial Discovery Date (If Discovery Method Violation Description Violation Case No. (1 IL=-(. Violated Permit N (IfeppilcaNe) Was activity permittable? Yes / No Respondent Information Prior CAMA or D/F Violations: Yes Jo Respondent Name(s) i'aS&EY andowner/Agent/Contractor) Address � 6AAd,+5 e�&A,6f jze)Af;, City E t12Lyht-T.tt, f'T S �G_ Zip t7lcfe:7 Phone# 2v (,6-75 Fax# Email Violation Type: Project Type: Authorizations Required: Site Visits Respondent Site Visits Respondent Present Present No Permit Private/Community ®.Major CAMA I 7� Permit Condition Govt/Public Minor ® D&F 0 ❑ Expired Permit Commercial General —— a O Inconsistent w/ Rules 'Tier Level: I II III Violation Location and Site Description 3�m l��os. zs" ZfF&�Ll^! LatlLong ?(oa 10 Project Location: County t✓o-4N( r2 Shoreline Length 'Y 2-46'0 r Street Address/ State Road/ Lot #(s) aAATi L, U l2bY9-,,J SAV: Not Sure Yes cf9b Sandbags: Not Sure Yes PNA: Yes C.0 Adjacent Subdivision Id ORIN: Yes <Q Adjacent City Co"AAe) EAJ ZIP Crit.Hab. Yes rD Phone # ( _) River Basin 12ASQy mr4-Ask Photos �$ No Adj. Win Body nat/man/unkn Waiver Required Yes In OWQ Buffer Area Yes No Closest Maj. Wtr. Body I'�dsc�u.r.r�-rvtK tZJ Specify DWQ Buffer if applicable: Restoration Extension Granted Yes No NOV Date CNOV Date Penalty Assessment Sent to Respondent Dale Rcvd. by Dist. Mgr. Date. Assessment Extended g Yes No 'GENED Initial Req. Comp. Date Date Comp, Observed App./Permit Fee Penalty Willful/Intent. Continuing SEP 18 Z017 � 5 �� _I if��ao Restoration Letter Acceptance Date 7J.0409Ref. Reco m,,Assess. DCM Assess. $ v< $ $ cS0 $ $ SGoo $ Total 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 EJ Injunction to complete restoration Date Collection Let. Sent Date Demand Let. Sent Violation Activities and Impacts AECs Affected: Wetlands Impacted? Yes(q) If yes, which types: CW EW PTA ES PTS OEA HHF IH USA N/A SA DS CJ SY JR LS TY PWS: FC: SS SC SP IF BF 404 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.- i� 0 N wd &;;ZW2er/ fbW �/ W g isc 5 Closing (y/ Payment Received $ /f' ,55��� Date Sf#TZ3 W17 Date Case Closed 17M Coastal Management ENVIRONMENTAL QUALITY Hand Delivered (September 12, 2017) Casey Cameron 1322 Lambs Grove Road Elizabeth City, North Carolina 27909 RE: NOTICE OF VIOLATION LAMA VIOLATION #17.18A Dear Mr. Cameron: September 11, 2017 ROY COOPER Governor MICHAEL S. REGAN secremry BRAXTON DAVIS Dimclor SEP 18 2017 DGM- MHD CITY This letter confirms that on August 31, 2017,1 met with you onsite at your property located at 154 Chantilly Road, adjacent to the Pasquotank River, in Camden County. The purpose of the site visit was to investigate the unauthorized construction of a replacement bulkhead. Information gathered by me for the Division of Coastal Management confirmed that you did undertake major development in violation of the Coastal Area Management Act (CAMA). 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. This requirement is imposed by North Carolina General Statute (N.C.G.S.) 11 3A-1 18. I have information that indicates you have undertaken or are legally responsible for the construction of a replacement bulkhead adjacent to the aforementioned property. This activity took place in Estuarine Waters and Public Trust Waters that are contiguous with the Albemarle Sound. Estuarine Waters and Public Trust Waters areas are designated as Areas of Environmental Concern (AEC). No CAMA permit was issued to Elizabeth Hall or you for work in these areas. Based on these findings, I am initiating an enforcement action by issuing this Notice of Violation for a violation of the Coastal Area Management. I request that you CEASE AND DESIST any further unauthorized development. 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. It is the policy of the Coastal Resources Commission to assess a civil penalty plus investigative costs against all violations, This is done to recoup some of the costs of investigating the violation and/or to compensate includingthe ts natural resources. The amount assessed will pend upon several the nature and area public damage iof the resources that were affected and the extent of tors, of the damage to them ,Nothing, fColnpares State of North Carolina i Environmental Quality I Coanal Management 401 S Griffin Street I Suite 3001 Elizabeth City. NC 27909 Casey Cameron September 11, 2017 Page 2 of 2 You are also in violation of the State's Dredge and Fill Law which requires a permit from the North Carolina Department of Environmental Quality before undertaking any filling in any estuarine waters, tidelands, marshlands, or state-owned lakes pursuant to N.C.G.S. 113-229. 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 review of the Coastal Area Management Act, Coastal Resource Commission's rules, and the local jurisdiction's Land Use Plan, the activity you have undertaken appears consistent with the guidelines for Areas of Environmental Concern. Therefore, restoration of the impacted area is not requested at this time. 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 at (252) 264-3901 about these important matters. Thank you for your time and cooperation in resolving this important matter. Sincerely, Lynn W. Mathis Field Specialist Cc: Frank A. Jennings, III, District Manager, DCM Roy Brownlow, Compliance Coordinator, DCM Raleigh Bland, USACE Krystynka Stygar, USACE Barbara Rhoads, Chief Building Inspector, Camden County e.) cER i LI 6 -' 'Nothing Compares S State of North Carolina I Eaviroomental Quality I Coastal Management 401 S Griffin Street I Suite 3001 E&aheth City, NC 27909 Coastel Management ENVIRONMENTAL OUALI'rY September 12, 2017 HAND DELIVERED Casey Cameron 1322 Lambs Grove Road Elizabeth City, North Carolina 27909 RE: NOTICE OF VIOLATION LAMA VIOLATION#17-18A Dear Mr. Cameron: ROY COOPER Gownttu• MICHAEL S. REGAN Seneraiy BRAXTON DAVIS Director This letter is in reference to the Notice of Violation, dated September 11, 2017, that Lynn Mathis, representative for the Division of Coastal Management, issued to you for the unauthorized construction of a bulkhead at 154 Chantilly Road, Camden County, North Carolina. The violation involved Estuarine Waters, Public Trust Waters and the Estuarine Shoreline which are Areas of Environmental Concern designated by the Coastal Resources Commission. The development undertaken could have been permitted; therefore, no restoration was requested. The Coastal Area Management Act provides that a civil assessment of up to $10,000 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 $856.00 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 $856.00 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. 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. _ tALGHV ,`Nothing Compares -•.f SEP 18 2017 State of North Carolina I Environmental Quality I Coastal Manegemett n n o ..•� — --- 401 S Griffin Street I Suite 3001 Elizabeth City, NC 27909 0 A 252-264.3901 Casey Cameron September 12, 2017 Page 2 Sincerely, Frank A. Jennings District Manager Division of Coastal Management Enclosures cc: Roy Brownlow, Compliance Coordinator, DCM Lynn Mathis, Field Specialist, DCM W > o U N x _ W LU A m.d =': "Nothing Compares . State of North Carolina I Enviroornental Quality i Coastal Managenu t 401 S Griffin Street I Suite 3001 Elizabeth City, NC 27909 252-264-3901 CAMA VIOLATION #17.18A Casey Cameron 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 $856,00 against me for violation of the Coastal Area Management Act, NCGS 113A- 100 et sec, committed on or near my property at 156 Chantilly Road, Camden 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 also dated September 11, 2017, and agree to pay the proposed civil assessment of $832.00. DATE SIGNATURE ADDRESS TELEPHONE NUMBER R '1;r--,Ili U SEP➢82017 0CM- MHD CITY �Nothlny ComprIMS .-. State of North Carolina I Environmental Quality I Coastal Managemeat 401 S Griffin Street I Suite 3001 Elizabeth City, NC 27909 252-264-3901 '� Coastal Management ENVIRONMENTAL QUALITY September 18, 2017 Casey Cameron 1322 Lambs Grove Road Elizabeth City, NC 27909 R O Y-C-OO PE R----_---- oo„error MICHAEL S. REGAN tieenrmy BRAXTON C. DAVIS Direcror RE. Payment of Proposed Penaltyfor Violations of the Coastal Area Management Act, Currituck County, CANA Violation #17-18A Dear Mr. Cameron: This letter will acknowledge receipt of check #1001, in the amount of $856.00, and dated 09/13/17. Once the amount of the check is credited to the Department of Environmental Quality's 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 jenifings, District Manager Northeastern District Division of Coastal Management FJ/eg cc: Roy Brownlow, Compliance Coordinator, DCM, Morehead City Lynn Mathis, Coastal Management Representatives, DCM Krysta Stygar, USACE Barbara Rhoads, Chief Building Inspector, Camden County RECEIVED SEP 2 5 2017 DCM- MHD CITY Nothing i ompares State of North Carolina I Environmental Quality I Coastal Management 401 S. Griffin St, Ste 3001 Elizabeth City, NC 27909 252-264-3901 1252-331-2951 [fnl