08-06A Emanuelson

PIMA
NCDENR lrl-�N
North Carolina Department of Environment and Natural Resour
Division of Coastal Management
Michael F. Easley, Governor James H. Gregson, Director William Gloss Jr., �egetaryl 2008,
March 25, 2008 Morenead City DCM
Jeff K. Emanuelson
Emanuelson & Dad, Inc.
4717 N. Croatan Highway
Kitty Hawk, North Carolina 27949
RE. Payment of Proposed Penalty for Violations of the Coastal Area Management Act,
eutti+w Wounty, CAMA Violation #08-06A
Dear Mr. Emanuelson:
This letter will acknowledge receipt of your Checks #27252 in the amount of $350.00 (dated
02/19/08) and #27329 in the amount of $350.00 (dated 03/20/08). Once the amount of the
second 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 A. Jennings, III
District Manager, Northeast District
FAJ/lwm
c . M. Ted Tyndall, As istant Director, DCM, Morehead City
o Ero a ompliance Coordinator, DCM, Morehead City
Lynn W. Mathis, District Compliance & Enforcement Rep., DCM, Elizabeth City
1367 U.S.17 South, Elizabeth City, North Carolina 27909
Phone: [phone] FAX: [phone] Internet: www.nccoastalmanagement.net
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NCDENR
North Carolina Department of Environment and Natural Resources
Division of Coastal Management
Michael F. Easley, Governor James H. Gregson, Director William G. Ross Jr., Secretary
February 1, 2008
71
CERTIFIED MAIL c11 t1�
RETURN RECEIPT REQUESTED
El Vol
Jeff K. Emanuelson FAR 6 Y.00�
Emanuelson & Dad, Inc.
4717 N. Croatan Highway � �d Oky
Kitty Hawk, North Carolina 27949
RE: CAMA VIOLATION #08-06A
Dear Mr. Emanuelson:
This letter is in reference to the Notice of Violation dated January 28 2008, that Lynn Mathis, District
Compliance & Enforcement Representative for the Division of Coastal Management, issued to you for the
unauthorized installation of a third Jet Ski lift at 129 Nautical Lane, in Currituck Landing, adjacent to the
Currituck Sound, in Currituck County, North Carolina. The violation involved Estuarine and Public Trust
Waters, which are Areas of Environmental Concern designated by the Coastal Resources Commission. No
restoration was required for the unauthorized development.
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/or to compensate the public
for any damage to its natural resources. Please be reminded that you have been issued a prior Notice of
Violation for constructing an unauthorized boatlift in Estuarine and Public trust Waters. Pursuant to the
North Carolina Administrative Code, Title 15A, subchapter 7J .0409(0(4)(E)(ii), the amount of the civil
assessment proposed against you will reflect the willful and intentional nature of your noncompliance with
the Coastal Area Management Act (CAMA) and the Coastal Resource Commission's rules.
Under the rules of the Coastal Resource Commission, a proposed civil penalty in the amount of $700.00 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 $700.00 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.
1367 U.S. 17 South, Elizabeth City, North Carolina 27909
Phone: [phone] FAX; 252-264-37231 Internet: www.nccoastalmanagement.net
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Jeff Emanuelson
February 1, 2008
Page 2 of 3
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.
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 [phone].
Sincerely,
!/
Frank A. Jennings II, District Manager
Division of Coastal Management
Enclosures
cc: Ball 'stant Director, DCM
oy rown w, Com Aaoulinator, DCM
L�n Mathis, District Compliance & Enforcement Representative,

r
Jeff Emanuelson
February 1, 2008
Page 9 of 3
DCM CAMA VIOLATION #08.06A
Emanuelson & Dad, Inc.
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 $700.00 against me for violation of the Coastal Area
Management Act, NCGS 113A-100 et sec, committed on or near my property 129 Nautical Lane in
Currituck 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 January 28,
2008, and agree to pay the proposed civil assessment of $700.00.
DATE
SIGNATURE
ADDRESS
TELEPHONE NUMBER

P�

FCB-06-2006 13:25 From:DCM-DMF ECITY 2522643723 To:2522473330
It
Ir
NCDENR
Michael F.
Jeff K, Emar
Emanuelson
4717 N. Croi
Kitty Hawk, I
P.49
Dear Mr.
This letter is i
Nautical Lane
purpose of tht
issued to you
lift, a platform
authorized we
Carolina Department of Environment and Natural Resources
Division of Coastal Management
Governor James H. Gregson, Director
NOTICE OF VIOLATION
January 29,200E
Dad, Inc.
n Highway
1h Carolina 27949
P.2/3 VNY
William G. Ross Jr., Secretary
E OF VIOLATION AND REQUEST TO CEASE UNAUTHORIZED DEVELOPMENT
VIOLATION #08.06A
reference to my January 24, 2006, onsite inspection of Rick & Nathan Price's pier at 129
Currituck Landing, adjacent to the Currituck Sound, in Currituck County North Carolina. The
onsite visit was to monitor development undertaken under General Permit 46804A, that was
is the property owner's agent, and authorized the construction of a pier, a boathouse with a
and one Jet Ski lift, On site monitoring of the development revealed that in addition to the
k a third unauthorized lift was installed on the pier.
Information g ithered by me for the Division of Coastal Management indicates that your actions as
contractor for Rick and Nathan Price are in violation of the Coastal Area Management Act (CAMA). No
person may u idertake 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 loth North Carolina General Statutes (N.C.G.S,) 113A-118.
I have inform ticn that indicates you have undertaken the installation an unauthorized Jet Ski lift on the pier
in question, a the aforementioned property. This activity took place in Estuarine and Public Trust Waters
that are conti uous with the Currituck Sound. Estuarine and Public Trust Waters are designated as Areas
of Environme ital Concern (AEC), No permit was issued for the Installation of the third lift in this area.
Based on th a findings, I am initiating an enforcement action by issuing this Notice of Violation for
violation of the Coastal Area Management Act.
A civil assess nent of up to $2,500 may be assessed against any violator. Each day that the development
described in t iis Notice is continued or repeated may constitute a separate violation that is subject to an
additional as essment of $2,500. An injunction or criminal penalty may also be sought to enforce any
violation in ac ordance with N,C.G,S,113A-126,
1367 U.S. 17 South, Elizabeth City, North Carolina 27909
252-264.3901 \ FAX: [phone] \ Internet: www,nccoastalmanagement.net
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FI=B-06-2008 0:25 From:DCM-DMF ECITY E522643723 7o:2522473330 P.3/3
Jeff Emanw
January 28,
Page 2 of 2
It Is the polic lt of the Coastal Resources Commission to assess a minimum civil penalty $700.00 against
violations of his nature. This is done to recoup some of the costs of investigating the violation and/or to
compensate he public for any damage to its natural resources. Whether a higher amount will be assessed
will depend t n several factors, including the nature and area of the resources that were affected and the
extent of the damage to them.
Based upon a 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 aEpinst the landowner. Therefore, since this is your second Notice of CAMA Violation in the
same Areas f Environmental Concern, you should expect a civil assessment to be levied against you.
The relevan statutes and regulations are available from this office, and I am Wiling to assist you in
complying w th the requirements of these laws. A site inspection will be made in the Immediate future to
determine w isther this REQUEST TO CEASE AND DESIST has been complied with. I request that you
contact me ii nmediately about these important matters.
Sincerely,
,7�
Lynn W. Me his
District Com fiance & Enforcement Representative
ed Tyndall, Assistant Director, DCM
Fra k A. Jennings III, District Manager, DCM
Ro Brownlow, Compliance Coordinator, DCM
1367 U.S. 17 South, Elizabeth City, North Carolina 27909
252 c64.39C11 FAX: [phone]nternet www.nocoastalma..age,ment.net
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