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Home My WebLink About05-03A MannA7kAr NCDENR ,•ter-, ^ � � � �'!J JU1,1 6 2005 North Carolina Department of Environment and Natural Resources ud City DC1V Division of Coastal Management Michael F. Easley, Governor May 31, 2005 Mr. Edward L. Mann Dare County Public Works P.O. Box 1000 Manteo, NC 27954 Charles S. Jones, Director William G. Ross Jr., Secretary RE: Payment of Proposed Penalty for Violations of the Coastal Area Management Act, Dare County CAMA Violation #05-03A Dear Mr. Mann: This letter will acknowledge receipt of the County of Dare's check #109591 in the amount of $500, and dated 05/23/2005. 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, Z0 Sampson District Manager cc: Ted Tyndall, Assistant Director, DCM, Morehead City Ro Brow , Compliance Coordinator, DCM, Morehead City Frank Jennings, Coastal Management Representative, DCM, Elizabeth City Raleigh Bland, USACOE, Washington, NC 1367 U.S. 17 South, Elizabeth City, North Carolina 27909 Phone: 252-264-3901 \ FAX: 252-264-3723 \ Internet: www.nocoastalmanagement.net An Equal Opportunity \Affirmative Action Employer-30% Recycled by Fiber Weight May. 20. 2005 10:04AM No, 4661 P. 1 Mr, Edward L. Mann Violation #05-03A April 15, 2005 Page 3 DARE COUNTY PUBLIC WORKS CAMA VIOLATION #05-03A 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 $500 against me for violation of the Coastal Area Management Act, NCGS 113A-100 et sec , committed on or near my property located near the Grouse Road location at the Dare County Landfill, Manns Harbor, 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 February 28, 2005, and agree to pay the proposed civil assessment &iqL s . C/, . Mar.,,.. DATESIGNATURE check wi Il 05 a7-05 be mP� (eS 26SOX 1000 ADDRESS LarilPo (;5a) 4�5 - s98 8 TELEPHONE NUMBER OS-- 03 R DCM ENFORCEMENT TRACKING REPORT Issuer Fie!d Rep. �R�� lC cT�/✓NCA!C3s �— rrViolation Base No, A B C D LPO ❑ Violated Permit No. LPJ (if applicable) _ Violation Description Was activity permittable? Yes / Initial Discovery Date / v j Discovery Method r01k4f vE BY 4d35gWur4'rJok Violation Description .. .,Ai.4-r6-Al 'L IV Information Prior Violations in same AEC: Yes l No C uNTy .-/-' WAR ) - nt ANt RespondentName(s) L!IgRG- a bAlo&- CouNT% PV031-1v WOA" dC Address _ pox lei Phone # — Fax # to State Zip Email Violation Type: Project Type: Authorizations Required: Site Visits Respondent Site Visits Respondent Present X No Permit ❑ Private/Community 19 Major CAMA Present 11,13k ❑ ❑ ❑ Permit Condition Govt./Public ❑ Minor ❑ D&F S o }. ❑ ❑ ❑ Expired Permit ❑ commercial ❑ General n ❑ INr Inconsistent wl Rules _ u ___ Violation Location and Site Description Rover File 1 2 � � 16' L Project Location: County CF 6 Shoreline Length Yes r� Street Address/ State Road/ Lot #(s) u s �G r 4f;l`� \\ SAV: Not sure �N"r/i'l4'%� (,'pu N'r`r' L-r4,vtd�it_t� �r(<'OWSC✓ Sandbags: No[Sure Yes N¢ RoA* PNA: Yes No Adjacent Subdivision_ ---------- ORW; Yes Kp Adjacent city = __--- —ZIP___^-. Crit. Hab. Yes No Phone # (—) —__ River Basin_/��$4�uO%�°V_ Kam— Photos Q No Adj. Wtr. Body��vI¢ L foal-(y�tbkf�— - � Waiver Required Yes In DWQ Buffer Area Yes N � Closest Maj. Wtr. Body s eL C C y (C Specify DWQ Buffer If applicable: Restoration i Extension Granted Yes No _ ^ / 0 5 NOV Date �f�� Initial Req. Comp. Date 7n Observed b 5 / Restoration Letter Acceptance Date 2✓/'� c } CNOV Date ._----- Date Comp. I 710409 Ref._ j Recomm. Assess. i DCM Assess. Penalty Assessment Date r—_ App.IPermit Fee I — p '1$ 'f (] D $ j Sent to Respondent _____— PenaltyY-- 1' I is O(J L --- cu is ---- - Rcvd by DCM Date -------- ----- Willful/Intent. — — I $ Assessment Extended Yes No -- i -- $ —�$ Continuing Other is _--_ Total ISy — Formal Assessments, Appeals and Reductions Date Long Form Submitted Assessment Appealed Yes No Date Formal CPA Submitted 71 Penalty modified Final Assessment $_ Date Attorney General's Office for Injunction or Formal Collection Date sent to AG ❑ Respondant not responsive to penalty/NOV ❑ Injunction to complete restoration Date Collection Let. Sent Date Demand Let. Sent Violation Activities and Impacts AECs Affected: Wetlands Impacted? Yes / No If yes, which types: CW EW PTA ES PTS OEA HHF IH SA DS CJ SY • A 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 or permit/ unauthorized activities allowed Development Activities Habitat Description I NOTES: Closing /a / Payment Received $ __Date.-.S %Lo S Date Case Closed :J NCDENR North Carolina Department of Environment and Natural Division of Coastal Management Michael F. Easley, Governor CERTIFIED MAIL RETURN RECEIPT REQUESTED Mr. Edward L. Mann Dare County Public Works P.O. Box 1000 Manteo, NC 27954 Dear Mr. Mann: Resources Charles S. Jones, Director William G. Ross Jr., Secretary April 15, 2005 a' wicifOttk- try �ti�l � '..'-,') RE: CAMA VIOLATION #05-03A This . taffcr is in..reference to the Nntine of Violation dated February. 28 2005 that Frank Jennings representative for the Division of Coastal Management, Issued to you for the placement of unconfined fill material within the adjacent canal near the Grouse Road location at the Dare County Landfill, Manns Harbor; Dare County. The violation involved the Public Trust Area and Public Trust Shoreline, which are Areas of Environmental Concern (AEC) designated by the Coastal Resources Commission. Based upon the site visit conducted on April 6, 2005 by Mr. Jennings, the restoration requested appears to be complete to the satisfaction of the Division of Coastal Management. The Coastal Area Management Act provides that a civil assessment of up to $2,500 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 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 $500 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 $500 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. 1367 U.S. 17 South, Elizabeth City, North Carolina 27909 Phone: 252-264-3901 \ FAX: 252-264-3723 \ Internet: www.nocoastalmanagement.net An Equal Opportunity \ Affirmative Action Employer— 30% Recycled by Fiber Weight Mr. Edward L. Mann Violation #05-03A April 15, 2005 Page 2 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 (DCM) 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 important matter. If you have any questions, please do not hesitate to contact me at (252) 264-3901. Sincerely, ed Sampson District Manager TS/yc Enclosures: Agreement and envelope cc: Ted Tyndall, Assistant Director, Division of Coastal Management, Morehead City, NC Roy Brownlow, Compliance Coordinator, Division of Coastal Management, Morehead City, NC Frank Jennings, Field Representative, Division of Coastal Management, Elizabeth City, NC Raleigh Bland, USACOE, Washington, NC Mr. Edward L. Mann Violation #05-03A April 15, 2005 Page 3 DARE COUNTY PUBLIC WORKS CAMA VIOLATION #05.03A 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 $500 against me for violation of the Coastal Area Management Act, NCGS 113A-100 et se , committed on or near my property located near the Grouse Road location at the Dare County Landfill, Manns Harbor, 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 February 28, 2005, and agree to pay the proposed civil assessment of $500. DATESIGNATURE ADDRESS TELEPHONE NUMBER r s A47L MAR 3 2005 PPP��/// I1� NCDENR North Carolina Department of Environment and Natures?QAr=d City DCM Division of Coastal Management Michael F. Easley, Governor Charles S. Jones, Director William G. Ross Jr., Secretary NOTICE OF VIOLATION February 28, 2005 CERTIFIED MAIL RETURN RECEIPT. REQUESTED Mr. Edward L. Mann Dare County Public Works P. 0. Box 1000 Manteo, NC 27954 RE: NOTICE OF VIOLATION AND REQUEST TO CEASE UNAUTHORIZED DEVELOPMENT CAMA VIOLATION #05-03A Dear Mr. Mann: This letter confirms that on February 15, 2005, 1 was onsite at the Dare County Landfill located adjacent to US 264 and adjacent to a man-made canal located near Manns Harbor, Dare County, North Carolina. The purpose of the visit was to investigate the placement of unconfined fill material within the adjacent canal near the Grouse Road location, approximately .6 miles south of the Cub Road entrance. Information gathered by me for the Division of Coastal Management indicates that you have undertaken 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.)113A-118. I have information that indicates you have undertaken or are legally responsible for dumping approximately 100 cubic yards of fill material in the adjacent canal and creating a +/- 20-foot wide and +/- 60-foot long earth dam in the aforementioned canal. This activity took place in the Public Trust Area and the Public Trust Shoreline that are contiguous with the adjacent canal and Spencers Creek. The Public Trust Shoreline and the Public Trust Area 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. I request that you immediately CEASE AND DESIST any further unauthorized activities within designated Areas of Environmental Concern. 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 that is subject to an additional assessment of up to $2,500. An injunction or criminal penalty may also be sought to enforce any violation (N.C.G.S. 113A-126). 1367 U.S. 17 South, Elizabeth City, North Carolina 27909 Phone: 252-264-3901 1 FAX: 252.264-37231 Internet: www.nccoastalmanagement.net An Equal Opportunity 1 Affirmative Action Employer - 30% Recycled by Fiber Weight Mr. Edward L. Mann Dare County Public Works February 28, 2005 Page 2 It is the policy of the Coastal Resources Commission to levy a minimum civil assessment of $500 not to exceed $2,500 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. Based upon the North Carolina Administrative Code, Title 15A, Subchapter 07H. State Guidelines for Areas of Environmental Concern, the activity you have undertaken, is not consistent with Section 07H. 0207 and .0208 which describe consistent development activities. Therefore, I am requesting that you remove all material that was dumped in the canal and restore the area to the condition prior to disturbance. Please refer to the enclosed Restoration Agreement. If you intend to cooperate with my request, please sign one of the attached Restoration Agreements and return it to me in the enclosed, self-addressed envelope within ten (10) days of receipt of this letter. Failure to comply with this request or respond back to this office prior to the requested deadline with an acceptable schedule for compliance will be interpreted as a refusal to cooperate and will result in a Notice of Continuing Violation, as well as a court injunction being sought ordering compliance. 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./ 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. Upon completion of the restoration as requested in the Restoration Plan Agreement to the satisfaction of the Division of Coastal Management, you will be notified as to the amount of the civil assessment for undertaking development without first obtaining the proper permit(s). Sincerely, Frank A. Jennings, III Coastal Management Representative FAJ/ybc cc: ssistant Director, DCM Ted Sampson, District Manager, DCM Roy Brownlow, Compliance Coordinator, DCM Raleigh Bland, USACOE, Washington, N. C. Field Office ENCLOSURE RESTORATION PLAN CAMA VIOLATION #05.03A For Dare County Public Works Property located at US 264 S. of Manns Harbor, Dare t, �JV JD rr L.L �!TV W'�jqe ' vo eo d.'. .'^gip'' MAR 3 2005 DOW GN oe- $p6JJGER S C�6zzK I, Edward L. Mann, representative for Dare County Public Works, agree to remove the unauthorized fill material and restore the site as requested. I agree to complete this restoration to the satisfaction of the Division of Coastal Management by March 30, 2005, or provide an explanation for non-compliance and a reasonable request for time extension. SIGNATURE: DATE: ft is the policy of the Coastal Resources Commission to levy a mininntm civil assessment of at least of b500 and higher against all violations of this type depending upon the damage to the resources. If restoration is not undertaken or satisfactorily completed, a substantially higher civil assessment will be levied and an injunction sought to require restoration. �i . ;D - - �-- ( I fj �)U 07-Mar-05 NC DIVISION OF COASTAL MANAGEMENT ENFORCEMENT RECORD ... CASE STATUS ..._. __ N CASE NUMBER LAST NAME FIRST NAME BUSINESS NAME' — CASE IS OPEN. J t-05-03A MANN EDWARD DARE CO PUBLIC WORKS CASE IS CLOSED) NOV DATE CLOSURE DATE AFFLIUATION SECTOR Previous Violations in Same AEC RESPONSIBLE AGE PUBLIC Lc for Similar Activities 2/28/2005 {^� �,'dre.. ,.y MAILING ADDRESS CITY STATE ZIP CODE PHONE NUMBER P06 1000 MANTEO NC 27954- PROPERTY ADDRESS COMMUNITY WATERBODY NEAREST ROAD DARE. CO. PUBLIC LANDFIL MANNS HARBOR CANAL SYSTEM __... GROUSE ROAD - DISTRICT OFFICE COUNTY DCM REPRESENTATIVE LPO CONTACT ECDO -- DARE JJMNGE � VIOLATION TYPE _ MAJOR CAMA AEC TYPE fPTA, PTS NATURE OF VIOLATION Unauthorized major development by dumping fill material in the adjacent canal and creating an earthen dam in the same canal within the PTS and PTA AECs. - RESTORATION STATUS RESTORATION REQUEST DATE COMPLETION DATE id! j 3/30/2005 L! RESTORATION NOT REQUIRED - CONTRACTOR (� -- RESTORATION EXTENDED RESTORE DATE l ❑RESTORATION NOT REQUIRED - PERMITTABLE DEVELOPMENT DEADLINE' RESTORATION NOT REQUIRED -FURTHER IMPACTS EXTENDED , RESTORATION PENDING REFERRED TO AG'S OFFICE - COLLECTION I _ REFERRED TO AG'S OFFICE - INJUNCTION ASSESSMENT DATE PENALTY AMOUNT COLLECTION DATE AMOUNT COLLECTED I PENALTY STATUS PENALTY ISSUED - I PENALTY NOT ISSUED ❑ WILLFUL INTENTIONAL PENALTY (MIN. OR DOUBLED) ;_} CNOV ISSUED CONRACTOR'S FIRST OFFENSE ❑ SETTLED, AGREED UPON, OR STIPULATED PENALTY — PENALTY APPEALED .. ..} ❑ UNCOLLECTIBLE PENALTY C FORMAL CPA ISSUED Violations Involving Adversely Impacted Resources AMOUNT OF ADVERSELY DISTURBED AREA (SQ. FT.) 1,200 AMOUNT OF RESTORED AREA (SQ. FT) r— NOTES