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Home My WebLink About15-02B Brownni Fc 13 Pat McCrory Governor Pat McCrory North Carolina Departme+Ib�ient and Natural Divisioniwo R ment North Carolina Department of Environment and Natural Division of Coastal Management 9 April 2015 Mr. Dennis and Cindy Brown 10079 NC HWY 45N Belhaven, NC 27810 Resources Resourceponald R. van der Vaart Secretary Donald R. van der Vaart RE: Payment of Proposed Penalty for Violations of the Coastal Area Management Act Committed in Hyde County CAMA Violation No. 15-02B Dear Mr. & Mrs. Brown: This letter will acknowledge receipt of Check No. 1002 in the amount of $227.00, and dated 30 March 2015. 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, (252)-948- 3853, at the Washington Regional office. Sincerely, R. Kelly Spivey Interim District Manager Division of Coastal Management Washington Regional Office Cc: Roy Brownlow, Compliance & Enforcement Coordinator, DCM Steve Trowell, Coastal Management Representative, WARD, DCM Kevin Hart, Compliance and Enforcement Representative, WARD, DCM RECEIVED APR 13 2015 943 Washington Square Mall, Washington, NC 27889 Ec-m iiiii E?" Phone: 252-946-6481 1 FAX: 252-948-0478 Internee www.nccoastalmanagementnet An Equal Opportunity � Affirmative Action Employer- Made in part by recycled paper h DCM ENFORCEMENT TRACKING REPORT Field Rep., 4 �i- / Is' r Violation Base No U,)P LPO A B C D LPJ Violated Permit No, ----- (if applicable) Violation Description P j � Was actrv%ty permittabl Yes ! No Initial Discovery Date �� J Discov Method /lam[`rlL, 4C %'/�( -OfGzl' ed=- Viola ' h Desc 'ption �, `)All 61 6 Ar Respondent Information `Prior Viol ati ns in same AEC: Yes / No Can Number Respondent Name(s) P", S d%7 el, � uindown /Agenv Address �G 05 Cityn Stated/ i �lJ140 Fax # Email �yy Violation Type: ANo Permit Permit Condition Expired Permit Inconsistent w/ Rules Project Type: Private/Community Govt./PubIic Commercial Authorizations Required: ❑ Major } CAMA Minor D&F ❑ General Violation Location and Site Description Project Location: County_ Street Add.�rr,es//�,State Road/ Lot #(s) C7 0 .__ Subdivision . f � City— t.,J\ --- ZIP__ — Phone # ( __ ) River Basin Gl f Adj. Wtr. Body - rr/ LFf (nat /man /unknl _ Closest Mai. Wtr. Body G4/ `� / / C Restoration NOV Date _42A �16% CNOV Date Penalty Assessment Sent to Respondent Date Rcvd. by Dist. Mgr. Date Assessment Extended Yes 0 Initial Req. Comp. Date Date Comp. Observed Site Visits Respondent .�/ Present Site Visits Respondent Present Rover File Shoreline Length T �� SAV: Not Sure Yes Sandbags: Not Sure Yes ) PNA: Yes N Adjacent ORW: Yes Adjacent Crit. Hab. Y Photos No— RECEIVED tom" Waiver Required Yes N PR 13 2015 In DWQ Buffer Area No I4112MII-wnaa a n 71.0409 Ref. tpp./Permit Fee enalt j } Villful/Intent. :ontinuing Extension Granted Yes No Restoration Letter Acceptance Date Recomm. Assess. DCM Assess. is $ )ther $ Total i Pat McCrory Governor 74* A ICDEE R North Carolina Department of Environment and Derision of Coastal lanagement 26 March 2015 Natural Resources CERTIFIED MAIL 7009-2250-0000-92524733 /-5—' 02 3 RETURN RECEIPT REQUESTED Mr. Dennis and Cindy Brown: 10079 NC HWY 45 N Belhaven, North Carolina 27810 Dear Mr. Brown: Donald R. van der Vaart Secretary This letter is in reference to the Notice of Violation that Steve Trowell, Representative for the Division of Coastal Management, issued to you on 10 March 2015 for unauthorized development in violation of the Coastal Area Management Act (CAMA). The violation occurred onsite your property located off HWY 45 at 10079 NC HWY 45 N adjacent Clark Mill Creek off the Pungo River in the Community of Ponzer near Belhaven in Hyde County, North Carolina. The violation resulted from the unauthorized filling of an area ±30' x 30' adjacent Clark Mill Creek. These unauthorized development activities occurred within the Public Trust Shoreline of Clark Mill Creek. Public Trust Shoreline is a designated AEC by the Coastal Resource Commission defined as those non -oceanfront shorelines immediately contiguous to Public Trust Areas located inland of the dividing line between coastal fishing waters and inland fishing waters and extending 30' landward of the normal water level. No Minor CAMA permit was issued to you for this work. Therefore, I conclude that you are in violation of the Coastal Area Management Act. The Coastal Area Management Act provides that a civil assessment of up to $1,000 may be assessed against Minor violations. It is the policy of the Coastal Resources Commission to assess a civil penalty for all violations. This is done to recover some of the cost of investigating violations and/or to compensate the public for any damage to its natural resources. Under the rules of the Coastal Resource Commission, a proposed civil penalty in the amount of $227 is appropriate for this violation. You may expeditiously resolve these matters prior to the assessment of a formal civil penalty by accepting responsibility for the violation and paying the amount proposed of $227. 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 $227 made payable to the North Carolina Department of Environment and Natural Resources RECEIVED 943 Washington Square Mall, Washington, NC 27889 MAR 3 0 2015 Phone: 252-946-6481 1 FAX: 252-94H478 Internet: my",mcoastalmanagement.net wom -M' 1� r-tra An Equal Opportunity 1 Aflirmafive Action Employer - Made in part by recycled paper Mr. Dennis and Cindy Brown 26 March 2015 Page 2 of 3 (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. Sincerely, p R. Kelly Spivey ' Interim District Manager Division of Coastal Management Washington Regional Office ENCLOSURE Cc: Steve Trowell - Field Representative, DCM Roy Brownlow - Enforcement Coordinator, DCM Raleigh Bland - U.S. Army Corps of Engineers, Washington Regulatory Field Office RECEIVED MAR 3 0 1015 ,JCM-Mt'P P,!1Y 15-02B Mr. Dennis and Cindy Brown 26 March 2015 Page 3 of 3 CAMA VIOLATION 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 $227against us, Mr. & Mrs. Dennis and Cindy Brown, for violation of the Coastal Area Management Act, NCGS 113A-100 et sue., committed on or near our property located off HWY 45 at 10079 NC HWY 45 N adjacent Clark Mill Creek off the Pungo River in the Community of Ponzer near Belhaven in Hyde 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 10 March 2015, and agree to pay the proposed civil assessment of $227. Date Mr. & Mrs. Dennis and Cindy Brown Address Telephone Number RECEIVED MAR .10 2015 h1-1, A-1 dUM *pf,y Pat McCrory Governor F15VA 15-02B NCDENR North Carolina Department of Environment and Natural Resources Division of Coastal Management NOTICE OF VIOLATION 10 March 2015 CERTIFIED MAIL 7010 0290 0001 5628 7246 RETURN RECEIPT REQUESTED Mr. Dennis and Cindy Brown 10079 NC HWY 45 N Belhaven, North Carolina 27810 Donald R. van der Vaart Secretary This letter confirms that on 5 March 2015 I met you onsite your property located off HWY 45 at 10079 NC HWY 45 N adjacent Clark Mill Creek off the Pungo River in the Community of Ponzer near Belhaven in Hyde County, North Carolina. The purpose of my visit was to investigate the possibility of development in an Area of Environmental Concern (AEC) without proper authorization while following up on information recorded by me on a recent aerial surveillance flight. My investigation indicates that you are responsible for the unauthorized filling of an area t30' x 30' adjacent Clark Mill Creek. These unauthorized development activities occurred within the Public Trust Shoreline of Clark Mill Creek. Public Trust Shoreline is a designated AEC by the Coastal Resource Commission defined as those non -oceanfront shorelines immediately contiguous to Public Trust Areas located inland of the dividing line between coastal fishing waters and inland fishing waters and extending 30' landward of the normal water level. A permit was not issued to you for this work. Therefore, I conclude that you are in violation of the Coastal Area Management Act. No person may undertake activity constituting minor development within a designated AEC without first obtaining a Minor Development Permit from the North Carolina Department of Environment and Natural Resources or a Local Government with an approved Coastal Area Management Implementation and Enforcement Program. This requirement is imposed by North Carolina General Statutes (NCGS) 113A-118. It is my judgment as a Coastal Management Representative, with permitting authority over this project area, that this project is effectively completed. Since after -the -fact permits may not be issued, I am initiating enforcement action by issuing this Notice of Violation. I request that you IMMEDIATELY CEASE AND DESIST any further unauthorized development activities within designated AECs on this property. If the development completed to date is not consistent with the applicable standards, you may be required to restore the land to its former condition and/ or bring all aspects of the project into compliance. A civil assessment of up to One Thousand Dollars ($1,000) may be assessed against any violator. Each day that the 943 Washington Square Mall, Washington, NC 27889 RECEIVED Phone. 252-946-6481 1 FAX 252-94H478 Internet: wwwnocoastalmanagement net An Equal Oppodunity 1 Affirmative Action Employer -Made in part by recycled paper MAR 12 10i; DCM-MHO CITY t Mr. Dennis and Cindy Brown 10 March 2015 Page 2 of 2 development activity described in this Notice is continued or repeated may constitute a separate violation which is subject to an additional assessment of up to $1,000. An injunction or criminal penalty may also be sought to enforce any violation (NCGS 113A-126). It is the policy of the Coastal Resource Commission to levy a civil assessment against all violators of CAMA Minor Development Permit Requirements. This is done to recoup some of the cost 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 amount of resources affected, the extent of the damage to the resources, and whether full cooperation is forthcoming in bringing the project into compliance. Based upon N. C. Administrative Code,71-1. State Guidelines for Areas of Environmental Concern, the development activities that you have undertaken are consistent with the Use Standards for the Public Trust Shoreline AEC found in NCAC 7H.0209. Therefore, there will be no request for restoration beyond stabilization of the fill material with a vegetative ground cover to prevent erosion of the fill material into adjacent surface waters or wetlands. However, please be advised that upon request, you must provide proof that you have given your adjacent riparian property owners notice of this unauthorized development and provided them the opportunity to comment to the Division of Coastal Management. Should you be requested to provide this documentation, you must provide confirmation that a written statement has been obtained, signed by the adjacent riparian property owners, indicating that they have no objection to the completed work; or you must provide confirmation that the adjacent riparian property owners have been notified by certified mail of the completed work. This notice shall instruct adjacent property owners to provide comments on the completed development in writing to this Division within ten (10) days of receipt of the notice and shall indicate that no response from them will be interpreted as not having any objection. 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) 948-3854. Upon my submission of an Enforcement Report to the District Manager, you will be notified of the amount of your civil assessment for undertaking development without first obtaining the proper permit(s). Thank you for your cooperation in resolving this important matter. If you have any questions, please do not hesitate to contact me at (252)-948-3854. Sincerely, Steve J. Trowell Coastal Management Representative Cc: Kelly Spivey — Interim District Manager, Washington Regional Office, DCM Roy Brownlow - Enforcement Coordinator, Morehead City, DCM Jerry Hardison - Hyde County Building Inspections Raleigh Bland - US Army Corps of Engineers, Washington Regulatory Field Office RECEIVED MAR 19 ynu eero MM5 ern DCM ENFORCEMENT TRACKING REPORT Issuer Field Rep. �/%f2?G2 �� 19 Violation Base No. r LPO A B C D LPJ Violated Permit No. (a applicable) Violation Description Was activity permittab Yes No Initial Discovery Date Discov Method ll' 44- ,Viola' Des�'ption��n�_GfC_.. / -,C- f G Kespondent Information Prior Violati ns in same AEC: Yes / No Respondent Name(s) � S�� Landown /Agent/Contracto ) Address 7rc7 City Srate� Tin_ � ,,//6- 46 r Phone # oZ0 Fax # - _- Email Violation Type: Project Type: Authorizations Required: Site Visits Respondent Site Visits Respondent No Permit A Private/Community ❑ Major CAMA present Present r�3 ❑ Permit Condition ❑ Govt./Public 1K Minor ❑ D&F L� - _ ❑ ❑ Expired Permit ❑ Commercial ❑ General ❑ ❑ Inconsistent wl Rules ❑ ❑ Violation Location and Si a Description �— Rover File Project Location: County. Shoreline Length Street Address4 State Road/ Lot #(s) SAV: NoJYes Sandbags: NoSubdivision PNA: Adjacent ORW: Adjacent City ZIP Crit. Hab. Yg Phone# (_) Riv Basin -4l-f r Photos (Y N RECEIVED Adj. Wtr. Body (nat /man lunkn) Waiver Required Yes N Closest Maj. Wtr. Body In DWQ Buffer Area NO MAR 121 SOH rn Restoration Extension Granted Yes No NOV Date - Initial Req. Comp. Date Restoration Letter CNOV Date Date Comp. Observed Acceptance Date — Penalty Assessment Sent to Respondent Date Rcvd. by Dist. Mgr. Date Assessment Extended Yes App./Permit Fee - - -- Penalty - No Willful/Intent. Continuing Other 71.0409 Ref. Recomm. Assess. DCM Assess. E S S S S S E S S S Total Formal Assessments, Appeals and Reductions Date Long Form Submitted Assessment Appealed Yes No Date Formal CPA Submitted Penalty modified Final Assessment S Date Attorney General's Office for Injunction or Formal Collection Date sent to AG ❑ Respondent not responsive to penally/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 OPTS OEA HHF IH SA DS SP JR LS TY SS SC SP 404 PWS: FC: Other: _ Restoration Required by the Respondent Yes / Flo ulmri ensons in excess Final dimensions A c Dimensions to restore Actually restored of permit/ unauthorized activities allowed Habitat Description NOTES: r. } u,o .non•_ Closing Payment Received SDate Date Case Closed