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Home My WebLink About15-05A Clay-RespassNCDENR North Carolina Department of Environment and Natural Resources Pat [McCrory Governor NOTICE OF VIOLATION February 18, 2015 CERTIFIED MAIL RETURN RECEIPT No. 7012 3460 0002 0625 5306 Karen Clay-Respass Gary Mercier Jr. Lunker Lodge 113-3 Mercier Lane Hertford, North Carolina 27844 Donald R. van der Vaart Secretary RE: NOTICE OF VIOLATION AND REQUEST TO CEASE UNAUTHORIZED DEVELOPMENT CA MA VIOLA TION # 15-05A Dear Ms. Clay-Respass and Mr. Mercier: This letter confirms that on January 4, 2015, 1 was onsite at Lunker Lodge on Mercier Lane adjacent to a tributary off of Deep Creek and the Little River, in Perquimans County, North Carolina. The purpose of the visits was to investigate a complaint regarding the unauthorized construction of a 8' x 12' building and a roof over an existing patio (Tiki Bar), located within the 30' buffer adjacent to normal water level. This letter also references our onsite meeting on February 9, 2015, with Perquimans County Building Inspector Virgil Parrish and County Planner Donna Godfrey. Information gathered by me for the Division of Coastal Management indicates that minor development has been undertaken on the property in question in violation of the Coastal Area Management Act (CAMA). No person may undertake Minor 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-1 18. I have information that indicates you are legally responsible for an unauthorized 8' x 12' building and a roof structure over an existing patio, on the aforementioned property. This activity took place within the Public Trust Shoreline which is contiguous with Deep Creek and the Little River. Public Trust Shorelines are designated as Areas of Environmental Concern (AEC) and no CAMA permit was issued for work in this area. Based on this finding, 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 development. A civil assessment of up to $1,000 plus investigative costs 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 $1,000. An injunction or criminal penalty may also be sought to enforce any violation in accordance with N.C.G.S. 113A-126. RECEIVED FEB 2 b 1016 251z, Karen Clay-Respass Gary Mercier Jr. February 18, 2015 Page 2 of 3 It is the policy of the Coastal Resources Commission to assess a civil penalty plus investigative costs against all violations. This is done to recoup some of the costs of investigating the violation and/or to compensate the public for any damage to its natural resources. The amount assessed will depend upon 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 8' x 12' building is not consistent with Section .0209(d)(10) which states that new development shall be located a distance of 30' landward of normal water level. Exceptions to this rule include water dependent structures, fences, walkways and uncovered decks up to 200 square feet. Therefore, I am requesting that you move the 8' x 12' structure, shown in the attached photograph and noted in the attached restoration plan agreement, a minimum of 30' landward of NWL. 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. I 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) and development that is inconsistent with Coastal Resources Commission rules. Sincerely, r � r � Lynn W. Mathis Field Specialist NC Division of Coastal Management ENCLOSURES Cc: Frank Jennings, District Manager, DCM EQ UWaln�nro (,'oordlnator DCM RECEIVED FEB 2 5 1015 Ma�.AWRW 1./y� Karen Clay-Respass Gary Mercier Jr. February 18, 2015 Page 3 of 3 For Karen Clay Respass and Gary Mercier Jr. (Lunkerlodge) CAMA Violation No. 15-05A Property located at 113-3 Mercier Lane off of Pudding Ridge Road, Perquimans County, NC Relocate the 8' x 12' building (measured along the roof line) currently located along the bulkhead, adjacent to the boat basin, and place it a distance of no less than 30' from normal water level. Relocation of the structure shall comply with all other state and local regulations. I, Karen Clay-Respass, agree to undertake the restoration activities stated above. I agree to complete this restoration to the satisfaction of the Division of Coastal Management (DCM) by March 20, 2015, or provide an explanation for non-compliance and a reasonable request for time extension. When corrective actions are complete, I will notify the DCM so the work can be inspected. SIGNATURE: DATE: It is the policy of the Coastal Resources Commission to assess a civil penalty plus investigative costs against all violations. The amount assessed will depend upon several factors, including the nature and area of the resources that were affected and the extent of the damage to them. If restoration is not undertaken or satisfactorily completed, a substantially higher civil assessment will be levied and an injunction sought to require restoration. RECEIVED FEB 2 F 205 DCM-MHD C" a DCM ENFORCEMENT TRACKING REPORT Issuer FieldSpecialist pe Violation Case No. LPO Bui7%1/g� ❑ Violated Permit No. LPJ (if applicable) Violation Description Was activity permittable? Yes / No Initial Discovery Date 14�0. Discovery Method Violation Descriptionyzr %W6 IA- 1f&tALa %1![' /d",� /i /ltvy-� &4SP2 ✓5-- /�j ilv a M 4-w'"'l-S Respondent Information Prior CAMA or D/F Violations: Yes / NOD MWORWROW RespondentName(s) yWr—arJApJ Q�!/%(Landowner/Agent/Contractor) Address //3-q City Z262 >,wzj State A4-- Zip Phone# ZG�^ 3y32 /eP 3!2 -�17/9 Email Violation Type: Project Type: Authorizations Required: Site Visits Respondent Site Visits Respondent Present Present No Permit Private/Community Major CAMA / VRN Permit Condition 0 Govt./Public ® Minor D&F Expired Permit LJ Commercial General > .El Inconsistent w/ Rules Tier Level: 0 II III El Violation Location and Site Description �� Lat/Long Project Location: County l 6;L 7R411144 1S Shoreline Length >a(Y-v ! Street Address/ State Road/ Lot #(s) SAV: Not Sure 456 No 3IkCYcel6x Sandbags: Not Sure Yes 4!!D Subdivision /4G �,/�- PNA: Yes 6D Adjacent ORW: Yes PIU° Adjacent City Cf7 ZIP Crit. Hab. RECEIVED Phone # ( _). River Basin G NN Photos C No FEB a Adj. Wtr. Body `,bI{�C ,( /man /unkn) Waiver Required Yes � b 1015 Maj. Wtr. Body (,4�.F/�!!�G!— In DWQ Buffer Area _ _Yes_!!I#I'Qllgk �Lh, Closest � Specify DWQ Buffer if applicable: Reatnratian NOV Date CNOV Date Penalty Assessment Sent to Respondent Date Rcvd, by Dist. Mgr. Date Assessment Extended Yes No Extension Granted Yes No Initial Req. Comp. Date /�6�LL/I��7ri� Restoration Letter Date Comp. Observed Acceptance Date App./Permit Fee Penalty Willful/Intent. Continuing Investigative 7J.0409 Ref. Recomm. Assess. DCM Assess. $ $ Total Formal Assessments, Appeals and Reductions Date Long Form Submitted Assessment Appealed: Yes No Date Formal CPA Submitted Final Assessment ❑ 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 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 UBA N/A SA DS CJ SY JR LS TY PWS: FC: SS SC SP IF BF 404 ��d � Restoration Required by the Respondent�A )�e / No/G'f'[ 1 /��j Dimensions in excess of permit/ unauthorized activities Dimensions to restore Final dimensions allowed Actually restored Development Activities QJ`il2r9 Jr — Habitat Description- - Closing Payment Received $ Date Date Case Closed 411 1 1 64. 1 IL ............ I i r JT bu if