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Home My WebLink About14-10A ConnerA =jP2 NCDENR 2 North Carolina Department of Environment and Natural Resources Pat McCrory Governor April 28, 2014 Joey and Jennie Conner 104 Happy Lane Hertford, NC 27944 John E. Skvarla, III Secretary RE. Payment of Proposed Penalty for Violations of the Coastal Area Management Act, Perquimans County, CAMA Violation #14-10A Dear Mr. and Mrs. Conner: This letter will acknowledge receipt of your Check #1724, in the amount of $240, and dated 04/24/2014. 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, Frank Je nings, District Manager Northeastern District Division of Coastal Management FJ/yc cc: Roy Brownlow, Compliance Coordinator, DCM; Morehead City w Lynn Mathis, Field Specialist, DCM, Elizabeth City Rl~CE[VEA MAY 0 2 2014 ACM MHD Wy 1367 US 17 South, Elizabeth City, NC 27909 Phone: 252-264-39011 FAX: 252-264-3723; Internet: htto://oo0al,ncdenr.org/web/cmtdcm-home An Equal Opportunity 1 Affirmatve Action Employer '! C , , - . , ., , 7 1 1 Joey and Jennie Conner I April 17, 2014 Page 3 I APR 2 8 2014 LAMA VIOLATION #14-10A Joey and Jennie Conner 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 $240.00 against me for violation of the Coastal Area Management Act, NCGS 113A-100 et se , committed on my property at 104 Happy Lane, located in the community of Bethel, in Perquimans 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 March 25, 2014, and agree to pay the proposed civil assessment of $240.00. DEFY q DATE SIGNATURE 1/ I -one - ADDRESS lk-46-d a7ge1V a5Q Z135 33O& TELEPHONE NUMBER RUM& North Carolina Department of Environment and Natural Resources Pat McCrory John E. Skvarla, III Governor Secretary NOTICE OF VIOLATION March 25, 2014 CERTIFIED MAIL NO.7012 0470 0002 0007 7078 RETURN RECEIPT REQUESTED Jory and Jennie Conner 104 Happy Lane Hertford, North Carolina 27944 RE: NOTICE OF VIOLATION AND REQUEST TO CEASE UNAUTHORIZED DEVELOPMENT CAMA MINOR VIOLATION #14-10A Dear Mr. and Mrs. Conner: This letter confirms that on February 19, 2014, 1 was onsite at your property located at 104 Happy Lane adjacent to a man-made canal off of the Yeopim River, located in the community of Bethel, off SR #1340, in Perquimans County, North Carolina. The purpose of the visit was to investigate the unauthorized construction of a handicap accessible walkway and platform adjacent to a man-made canal. Information gathered by me shows that you have undertaken minor development in violation of the Coastal Area Management Act. No person may undertake minor development in a designated Area of Environmental Concern without first obtaining a permit from the North Carolina Department of Environment and Natural Resources, North Carolina General Statutes (N.C.G.S.) 113A-118. I have information that you have undertaken, or are legally responsible for, minor development by constructing a walkway and platform within 75' of normal water level, on the aforementioned property. This activity took place with the Estuarine Shoreline and Public Trust Shoreline which are contiguous with the Yeopim River. Estuarine Shorelines and Public Trust Shorelines areas are designated as Area(s) 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 a 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 $1,000 may be assessed against any violator. Investigative costs shall be in addition to any civil penalty assessed. 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 $1,000. An injunction or criminal penalty may also be sought to enforce any violation (N.C.G.S. 113A-126). RECTUM 1367 US 17 South, Elizabeth City, INC 27909 MAR 1 2014Phone: 252-264-39011 FAX: 252-264-3723; Internet: www.nocoastalmanagement.net An Equal opportunity 1 Affirmative Action Employer `DCM-MHD CITY Joey and Jennie Conner March 25, 2014 Page 2 It is the policy of the Coastal Resources Commission to levy a civil assessment not to exceed $1,000, plus investigation costs, against all violations of this type. 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. The amount 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 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. 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 my submission of an enforcement report to the District Manager, you will be notified as to the amount of a civil assessment for undertaking development without first obtaining the proper permit(s). The relevant statutes and regulations are available complying with the requirements of these laws. A determine whether this REQUEST TO CEASE AND contact me immediately about these important matters Sincerely, tea- Lynn W. Mathis District Compliance & Enforcement Representative Cc: Frank A. Jennings III, District Manager, DCM Roy Brownlow, Compliance Coordinator, DCM Raleigh Bland, USACE from this office, and I am willing to assist you in site inspection will be made in the near future to DESIST has been complied with. I request that you 1367 US 17 South, Elizabeth City, NC 27909 Phone: 252-264-39011 FAX: 252-264-3723; Internet: www.n=astalmanagement.net An Equal Opportunity t Affirmative Action Employer DCM ENFORCEMENT TRACKING REPORT Rep. Issuer ❑ Violation Case No. Compliance Rep. _ Z-Ya"A[ M41'717S ® Permit No. LPO (if applicable) hdLPJ Violation Description Was activity permittable? Yes / No Initial Discovery Date / //� //t/ Discovery Method Z r7416 �N /f72Li�. [/JJr/6LE �licU.t Violation Description—jr/�Qr/��////yij�jl—�lC%SS __ _ &AM MC CAA/riL Kesponaent Information Prior CAMA or D/F Violations: Yes Prior Case No: RespondentName(s) <IGPy i \&/l.ule 6N(A16W— ( ndow er gent/Contractor) Address //� l� �7y�)��/{� City ryZ-YlTjff � _ State Zip Zx21 Phone # Fax #/Email Corporate Name & Registered agent Violation Type: Project Type: Authorizations Required: Site Visits Respondent Site Visits Respondent ® No Permit LNTPrivate/Community I] Major CAMA Present Present Permit Condition Govt./Public Minor ❑ D&F I l6 I �I Expired Permit Commercial General 2 /11 El Fj Inconsistent w/ Rules Tier Level: 1 II III 3 /i2 EJ El Violation Location and Site Description 3&"es, to.af .. N Lat/Long 760E7"n,It"W Project Location: County ..1 1-4 Shoreline Length �r' r'c� � Street Address/ Slate Road/ Lot #(a) fL t/ l ;f tl (r 4,a)wE - SAV: Not sure Yes )ry Sandbags: Not Sure Yes � ,,--��tt��'� rr� Subdivision f��;;;/l/ hit* Ai aamg PNA: Yes (!b Adjacent I ORW: Yes 1�00 Adjacent i City ZIP 2,W Y il//A t -� Crit. Hab. Yes Phone # ( _) River Basin Photos es No Adj. Wtr. Body C4 A4r-(— (nat /unkn) Waiver Required Yes < /�/ In DWQ Buffer Area Yes Closest Maj. Wtr. Body E'er /bi /Cl ye-;2 --d Specify DWQ Buffer if applicable: Restoration NOV Date ArIC CNOV Date Penalty Assessment Sent to Respondent Date Rcvd. by Dist. Mgr. Date Assessment Extended Yes No Initial Req. Comp. Date Date Comp. Observed App./Permlt Fee Penalty Willfullintent. Continuing Investigative Extension Granted Yes No Restoration Letter Acceptance Date 7J.0409 Ref. Recomm. Assess. DCM Assess. $ /CC>.cso $ $ /eo•!'O $ $ $ 1p $ Total 'ulilllMYM� �.Gl�x �2 y�.� Formal Assessments, Appeals and Reductions Date Long Form Submitted Date Formal CPA Submitted Final Assessment Assessment Appealed: Yes No ❑ Penalty modified 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 Letter Sent Date Demand Letter Sent Violation Activities and Impacts AECs Affected: Wetlands Impacted? Ye No If yes, which types: CW EW PTA ES PT OEA HHF IH TMA SA DS cJ SY JR 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 of permit/ unauthorized activities allowed Development Activities Habitat Description NOTES: Closing Payment Received $ Date Date Case Closed NCDENR North Carolina Department of Environment and Natural Resources Pat McCrory John E. Skvarla, III Governor Secretary April 17, 2014 CERTIFIED MAIL ARTICLE NO.7012 0470 0002 0007 7085 RETURN RECEIPT REQUESTED Jory and Jennie Conner 104 Happy Lane Hertford, North Carolina 27944 RE: CAMA MINOR VIOLATION #14-10A Dear Mr. and Mrs. Conner: This letter is in reference to the Notice of Violation dated March 25, 2014, that Field Specialist Lynn Mathis, issued to you for the unauthorized construction of a walkway and platform within 75' of normal water level, at 104 Happy Lane adjacent to a man-made canal off of the Yeopim River, located in the community of Bethel, off SR #1340, in Perquimans County, North Carolina. The violation involved the Estuarine Shoreline, which is an Area of Environmental Concern designated by the Coastal Resources Commission. No restoration was requested in this case. The Coastal Area Management Act provides that a civil assessment of up to $1,000 may be assessed for any minor 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 $240.00 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 $240.00 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. i RECEIVED 1367 US 17 South, Elizabeth City, INC 27909 APR 2 3 2014 Phone: 252-264-39011 FAX: 252-264-3723:Internet: www.nccoastalmanagement.net An Equal Opportunity 1 Affirmative Action Employer DCM-MUD CITY Joey and Jennie Conner April 17, 2014 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 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, Frank A. Jennings, III District Manager Northeast District Enclosures cc: — Lynn W. Mathis, Field Specialist, DCM Joey and Jennie Conner April 17, 2014 Page 3 CAMA VIOLATION #14.10A Joey and Jennie Conner 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 $240.00 against me for violation of the Coastal Area Management Act, NCGS 113A-100 et sec, committed on my property at 104 Happy Lane, located in the community of Bethel, in Perquimans 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 March 25, 2014, and agree to pay the proposed civil assessment of $240.00. DATE SIGNATURE ADDRESS TELEPHONE NUMBER ARCEnD APR 2 8 2014 DCM-MHD CITY N it ' DCM ENFORCEMENT TRACKING REPORT RECt NET? Rep Issuer Rep. MR /-7'T 5 El APR 2 3 2014 Violation Case No. / /e�q TI M•MO MY Permit No. � LPJ (if applicable) Violation Description Was activity permittable? Yes / No Initial Discovery Date Violation Description Respondent Name(s) Address Discovery Method Z4 01414 OV /9726-W t1?T, Q e 51MU4 Phone # Fax #/Email Corporate Name & Registered agent State i zip Zx'! Violation Type: Project Type: Authorizations Required: Site Visits Respondent Site Visits Respondent MNo Permit K Private/Community EJ Major CAMA Present Present ❑ Permit Condition Govt./Public Minor M D&F I t6 1 �I El Expired Permit ❑ Commercial General 2 / ❑ M Inconsistentw/ Rules Tier Level: I II III '� El Violation Location and Site Description Project Location: County Street Address/ State Road/ Lot #(s) r Subdivision — City N/A ZIP -7=�L i Phone # ( _) River Basin Lat/Long 76 0 97' 3'�- It' Shoreline Length 18c, Y' SAV: Not Sure Yes k95 Sandbags: Not Sure Yes <MD PNA: Yes (E� Adjacent ORW: Yes Cl-99 Adjacent Crit. Hab. Yes Photos 0 No Adj. Wtr. Body C4A4r, ✓ (nal(Cg/unkn) WaiverRequired Yes t to Closest Maj. Wtr. Body YE-04a y1 /Cl y&2- In DWQ Buffer Area Yes 1 Specify DWQ Buffer if applicable: Restoration CNOV Date Penalty Assessment Sent to Respondent Date Rcvd, by Dist. Mgr. Date Assessment Extended Yes No Initial Req. Comp. Date -� Date Comp. Observed App./Permit Fee Penalty Willful/Intent. Continuing Investigative Extension Granted Yes No Restoration Letter Acceptance Dale 7J.0409 Ref. Recomm. Assess. DCM Assess. $ lCY'.C9a $ $ ADO •CJD $ $ p .CJp $ Total Z �,� `- �g2 x 2 2 ` y� Formal Assessments, Appeals and Reductions Dale Long Form Submitted Date Formal CPA Submitted Final Assessment Assessment Appealed: Yes No ❑ Penalty modified 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 Letter Sent Dale Demand Letter Sent ` Violation Activities and Impacts AECs Affected: Wetlands Impacted? Y No If yes, which types: CW EW PTA ES PT OEA HHF IH MA- SA DS CJ SY JR 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 of permill unauthorized activities allowed Development Activities Habitat Description NOTES: ,ll,,, Li Si �r /r �/l?4! L.1�•9/-7d ��ic�A�/!/Ir Closing Payment Received $ Dale Date Case Closed