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Home My WebLink About05-05B ComstockOod 1E °OMTQ I1.�105 North Carolina Department of Environment and Natural Resources 05-05B Division of Coastal Management Michael F. Easley, Governor Charles S. Jones, Director William G. Ross, Jr., Secretary 9 February 2005 CERTIFIED MAIL 7003 3110 0002 0603 3409 RETURN RECEIPT REQUESTED Mr. Howard Comstock Regional Auto Center 310 South Regional Road Greensboro, North Carolina 27409 RE: NOTICE OF VIOLATION Dear Mr. Comstock: This letter confirms that on 8 February 2005, Mike Thomas Coastal Management Representative in the Washington Regional Office, and I, met your landscape contractor, Mr. Eric Slade, on site your property located off SR 1710, at 214 Dowry Creek East, adjacent the Pungo River, near Belhaven, in Beaufort County, North Carolina. The purpose of our visit was to investigate the possibility of development in an Area of Environmental Concern (AEC) without proper authorization. Our visit verified that you had installed a subsurface drainage system and filled an area 88' x 75' with topsoil in an effort to improve drainage of your lot. No Minor Development Permit had been issued for this development activity. 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 CAMA Local Permit Officer with permitting authority over this project Area, that this project has been effectively completed with the exception of reestablishment of a permanent ground cover in the disturbed areas for which you have committed to placing Bermuda sod. 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 Two Hundred and Fifty Dollars ($250.00) may be assessed against any violator. Each day that the 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 $250.00. An injunction or criminal penalty may also be sought to enforce any violation (NCGS 113A-126). Nam` Caro 'na )V t rill 943 Washington Square Mall, Washington, North Carolina 27889ww Phone:252-946-6481 1 FAX: 252-948-0478 1 Internet w.nocoastalmanagementneV a� c„,W n�mmt, mity 1 Aeirmaave AM. ion Emolover - 50% Reveled 110% Post Consumer Paper Ir Mr. Howard Comstock 10 February 2005 Page Two It is the policy of the Coastal Resource Commission to levy a minimum civil assessment of Fifty Dollars ($50.00) 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, 7H. State Guidelines for Areas of Environmental Concern, the installation of the subsurface drainage system and the filling and grading work that you have undertaken is consistent with 7H.0209, Estuarine Shorelines. Therefore, I am not requesting any restoration and or modification to the project. Pending my submission of an Enforcement Report to the District Manager of the Division of Coastal Management in the Washington Regional Office, you will be notified of the amount of your civil assessment. 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 c: oy Brownlow — Enforcement Coordinator, DCM Terry E. Moore- District Manager, Washington Office, DCM Kelly Spivey — Minor Permit Coordinator, Washington office, DCM DCM ENFORCEMENT TRACK!NG RGPOR T Issuer Field Rep. z LPO LPJ Violation Description _ Initial Discovery Date J Discovery Method Violation Description . Respondent Infon Respondent Name(s) Phone 3,34 —,,? 16 — �f� r Vic,._;,-, 5ase No. -S — C613 �A B C D Violated Permit No. (e applimble) Was activityrprmittable?Yes JNo AEC-. Yes / No Z City Fax # State/�L Zip��Z f(� Violation Type: Project Type: Authorizations Required: Site Visits Respondent Site Visits Respondent No Permit Private/Community ❑ Major CAMA Present Present ❑ Permit Condition ❑ Govt./Public A Minor ❑ D&F . ❑ I I _i Expired Permit ❑ Commercial ❑ General ❑ 17- Inconsistent w/ Rules Violation Location and Site Description Rover He .. /_. . . Project Location: County ... .., _.._ Shoreline Length Street Address) State Road/ Lot #(s) SAV: Not Su a Yes No rl �% Sandbacs: Not Sure Ys No Subdivision ,/` /_ /U PNA: Yes ORW: Yes No Adja ent No dJac?--, City ZIP Crit. Hab. Yes No ��'��??� ��,, Phone zLXa)!f - WRiver Basin / f Photos Ys 6a Adj. Wtr. Body !7 Waiver Required Ya CN �i/p In DWO Buffer Area Ys No Closest Maj. Wtr. Body �U/lJ Specify DWO Butter if applicable: 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 DCM Date Assessment Extended Yes No - 7J.0409 Ref. Reco m. Assess. I DCM Assess. App./Permit Fee I Is is Penalty . I is Is Willful/Intent I $ i Continuing I js Is Other I Is is Total Formal Assessments, Appeals and Reductions Date Long Form Submitted Assessment Appealed. Yes No Date Formal CPA Submitted Final Assessment f Date Penalty �� 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 Let. Sent Date Demand Let. Sent Violation Activities and Impacts AECs Affected: Wetlands Impacted? Yes / No If yes, which types: CW EW PTA (€S OEA - HHF IH SA DS CJ SY - A LS TY PWS: FC: SS SC SP IF 9F 404 Restoration Required by the Respondent Yes / No Dimensions in excess Dimensions to restore Final dimensions of permit/ unauthorized activities allowed I Acttelry restored Development Activities 61 I i t i i Habitat Description i Closing Payment Received Date Case Closed Initial Dbase &