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Home My WebLink About15-20A Chinp5 Coastal Management ENVIRONMENTAL DUALITY May 18, 2016 Un Yong Karl Chin 26811 Mackenzie Drive Salisbury, MD 21801 PAT MCCRORT DONALD R. %'A\ DER VAART BRAXTON DAVIS RE, Payment ofProposed Penaltyfor Violations of the Coastal Area Management Act, Dare County, CAMA Violation ##15-20A Dear Mr. Chin: This letter will acknowledge receipt of your Check #104, in the amount of $200, and dated 05/14/2016. Once the amount of the check is credited to the Department of Environmental Quality's 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 Jennin s, District Manager Northeastern District Division of Coastal Management FJ/yc cc: Roy Brownlow, Compliance. Coordinator, DCM, Morehead City Ron Renaldi, Coastal Management Rep., DCM, Elizabeth City Sandy Cross, Local Permit Officer, Town of Duck RECEIVED MAY 2 3 2016 State of North Carolina I Environmental Quality I Coastal Management DCM- M H ® CITY 1367 US Hwy 17 South I Elizabeth City, NC 27909 252-264-39011252-264-3723 Ifu] Un Y Karl Chin Eva Chin May 4, 2016 Page 3 of 3 CAMA VIOLATION #15-20A Un Y Karl Chin & Eva Chin AGREEMENT TO PAY PROPOSED CIVIL ASSESSMENT Cmc 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 $200.00 against me for violation of the Coastal Area Management Act, NCGS 113A-100 et sec, committed on or near my property 108 E. Bias Lane in Dare 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 1/5/2016, and agree to pay the proposed civil assessment of $200.00. DATE SIGNA URE u a ADDRESS TELEPHONE NUMBER Coastal Management ENVIRONMENTAL OVALITV 5/4/2016 CERTIFIED MAIL #70151520 0003 5515 4097 RETURN RECEIPT REQUESTED Un Y Karl Chin Eva Chin 26811 Mackenzie Drive Salisbury, MD 21801 RE; CAMA VIOLATION #15-20A Dear Mr. Chin: PAT MCCRORY CVWWY DONALD R. VAN DER VAART Sacrva?y BRAXTON DAVIS Mwror This letter is in reference to the Notice of Violation dated 1/5/2016 that Sandy Cross, Local Permit Officer for the Town of Duck, issued to you for the unauthorized development involving the construction of a dune deck at 108 E. Bias Lane, Dare County. The violation involved the Ocean Hazard Area, which is an Area of Environmental Concern designated by the Coastal Resources Commission. Based upon the site visit conducted on 4/29/2016 by Sandy Cross, the restoration requested appears to be complete to the satisfaction of the Local Permit Officer. The Coastal Area Management Act provides that a civil assessment of up to $1,000 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. Under the rules of the Coastal Resources Commission, a proposed civil penalty in the amount of $200.00 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 $200.00 made payable to the North Carolina Department of Environmental Quality (NCDEQ); 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 settlement of the penalty. RECEIVED -^/ Nothing Compares.— ,t MAY 0 9 2016 State of North Carolina I Environmental Quality I Coastal Management 1367 US Hwy 17 South I Elizabeth City, NC 27909 D C M - M H D CITY 252-264-3901 1252-264-3723 [fax] Un Y Karl Chin Eva Chin May 4, 2016 Page 2 of 3 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 Jennings District Manager, Northeastern District Division of Coastal Management FJ/rar Enclosures cc: Roy Brownlow, Compliance Coordinator, DCM Sandy Cross, Local Permit Officer Lynn Mathis, Field Specialist, DCM RECEIVED MAY 092016 DCM- MHD CITY Un Y Karl Chin Eva Chin May 4, 2016 Page 3 of 3 CAMA VIOLATION #15-20A Un Y Karl Chin & Eva Chin 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 $200.00 against me for violation of the Coastal Area Management Act, NCGS 113A-100 et sec, committed on or near my property 108 E. Bias Lane in Dare 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 1/5/2016, and agree to pay the proposed civil assessment of $200.00. DATE SIGNATURE ADDRESS TELEPHONE NUMBER RECEIVED MAY 0 9 2016 DCM- MHD CITY Received FORM 1 DMEC LOCAL PERMIT OFFICER ENFORCEMENT REPORT FOR MINOR VIOLATIONS CASE NO. (Obtain from DCM office): 15-20A PERMIT NO, (If Applicable): n/a LPO'S NAME: . Sandy Gross LOCALITY: Town of Duck COASTAL MANAGEMENT REPRESENTATIVE: Ron Renaldi RESPONDENT'S NAME: Un Y. Carl Chin/Eva Chin MAILING ADDRESS: P138i 1 Marken7ie Drive CITY: Galishiuv STATE: MD ZIP: P1an1 PHONE NO.: COUNTY: Sara NEAREST/ADJACENT WATER BODY: Atlantir. (Ocean DATE OF ENFORCEMENT LETTER: January 5, 2016 ADDRESS/LOCATION OF VIOLATION: 108 E. Bias Lane, Duck, NC VIOLATION DESCRIPTION: construction of a new dune deck without permits exceeding size limitations and setbacks permitted by Town of Duck Ordinances VIOLATION TYPE: �SMINOR CAMA ❑ VIOLATION OF PERMIT CONDITIONS/SPECIFICATIONS RESTORATION REQUESTED]YES NO[—] DATE RESTORATION REQUIRED FOR COMPLETION: 2/4/2016 DATE RESTORATION COMPLETED (SITE INSPECTION DATE): 4/29/2016 AEC TYPE ESTUARINE SHORELINE PUBLIC TRUST SHORELINE OCEAN ERODIBLE AREA HIGH HAZARD FLOOD AREA INLET HAZARD AREA fl, UNVEGETATED BEACH AREA FOR DCM OFFICE USE ONLY RECOMMENDED ASSESSMENT AMOUNT: $Aooxc o REFERENCE: 7J.64aq (syiQ' DATE REPORT RECEIVED: 5It.).1 d.o 110 ASSESSED AMOUNT: $ '� 0 '.), Z' DATE OF ASSESSMENT LETTER: 5/4 jao 16 DATE PAYMENT RECEIVED AMOUNT RECEIVED: CLOSURE DATE: RECEIVE® MAY 0 9 2016 DCM- MHD `- „T. t-1 )k- TOWN Cf Dt C K NORTH CAROLINA Notice of Violation January 5, 2016 SENT VIA EMAIL & CERTIFIED MAIL RETURN RECEIPT REQUESTED Un Y. Karl Chin Eva Chin 26811 Mackenzie Drive Salisbury, MD 21801 RE: NOTICE OF VIOLATION AND REQUEST TO CEASE UNAUTHORIZED DEVELOPMENT CAMA MINOR VIOLATION #15.20A Dear Mr. Chin: This letter confirms that on December 21, 2015 I was onsite at your property located at 108 E. Bias Lane, adjacent to the Atlantic Ocean located in the Town of Duck, Dare County, North Carolina. The purpose of the visit was to investigate a report of unauthorized development involving the construction of a new dune deck within the Ocean Hazard Area of Environmental Concern. My site visit on the 2151 confirmed that a new dune deck approximately 16' x 18' or 304 s.f. had been constructed. 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 new dune deck on the aforementioned property. This activity took place in the Ocean Hazard AEC that is contiguous with the Atlantic Ocean. Ocean Hazard areas are designated as Areas of Environmental Concern (AEC). No permit was issued to you for work in this area. Based P. O. Box 8369 • Duck, North Carolina 27949 252-255-1234 • 252-255-1236 (fax) • www.townofduck.com Un Y. Karl Chin Eva Chin January 5, 2016 Page 2 on these findings, 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 development and contact me about this important matter. A civil assessment of up to $1,000 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. It is the policy of the Coastal Resources Commission to levy a civil assessment 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. Whether a higher amount will be assessed will depend on several factors, including the nature and area of the resources 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 activity you have undertaken, construction of a new dune deck approximately 16' x 18' or 304 s.f., in the Ocean Hazard AEC, is not consistent with Section 15A, Subchapter 07H.0309 (a) which requires that all other provisions of this Subchapter and other state and local regulations are met. Section 15A, Subchapter 07H.0309 (a)(3) would allow for elevated decks not to exceed 500 s.f. within the 60' CAMA oceanfront setback, however the current size and location of this dune deck is inconsistent with the Town of Duck Code of Ordinances, Section 156.124(C)(2)(b) which states that accessory structures shall not be located within 30' of the First Line of Stable Natural Vegetation (FLSNV) except for one (1) dune deck, provided the dune deck is no closer than 15 feet from the FLSNV and provided the dune deck does not exceed 8 feet measured in any dimension including the area that is combined with or adjacent to any dune walkover structure that may be present. Therefore, I am requesting that the dune deck be reduced in size consistent with the Town of Duck standards, or that the dune deck be relocated landward of the 30' Town of Duck oceanfront setback for accessory structures. Please refer to the enclosed Restoration Agreement. 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 immediate 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. Upon completion of the restoration as requested in the Restoration Plan Agreement to the satisfaction of the Local Permit Officer, you will be notified by the Division of Coastal Management as to the amount of a civil assessment for undertaking development without first obtaining the proper permit(s). Un Y. Karl Chin Eva Chin January 5, 2016 Page 3 Sincerely, J andjCss Local Permit Officer Cc: Joe Heard, Town of Duck Department of Community Development Frank Jennings, District Manager, DCM Lynn Mathis, District Compliance and Enforcement Representative, DCM Roy Brownlow, Compliance Coordinator, DCM Ronald Renaldi, Field Representative, DCM RESTORATION PLAN For Un Y. Karl Chin & Eva Chin CAMA Minor Violation #15-20A Property located at 108 E. Bias Lane, Town of Duck, Dare County Existing 16' x 18' dune deck shall be reduced in size consistent with the Town of Duck standards so that the dune deck does not exceed 8 feet measured in any dimension including the area that is combined with or adjacent to any dune walkover structure that may be present. initial Alternatively, the existing dune deck shall be relocated landward of the 30' Town of Duck oceanfront setback for accessory structures from the First Line of Stable Natural Vegetation (FLSNV). Relocation of the dune deck will require a site visit determination by the CAMA Local Permit Officer or an updated survey to determine the 30' setback. initial Please initial the preferred alternative. We, Un Y. Karl Chin and Eva Chin, property owners of 108 E. Bias Lane, Duck, NC, agree to complete the restoration requested above to the satisfaction of the Local Permit Officer by February 4, 2016, or provide an explanation for non-compliance and a reasonable request for time extension. When corrective actions are complete, I will notify the Local Permit Officer so the work can be inspected. SIGNATURE: SIGNATURE: DATE: It is the policy of the Coastal Resources Commission to assess a civil penalty plus investigative costs. If restoration is not undertaken or satisfactorily completed, a substantially higher civil assessment will be levied and an injunction sought to require restoration. !Nt" TOWN �U-C (� C NORTH CAROLINA Notice of Violation January 5, 2016 SENT VIA EMAIL & CERTIFIED MAIL RETURN RECEIPT REQUESTED Un Y. Karl Chin Eva Chin 26811 Mackenzie Drive Salisbury, MD 21801 RE: NOTICE OF VIOLATION AND REQUEST TO CEASE UNAUTHORIZED DEVELOPMENT CAMA MINOR VIOLATION If15-20A Dear Mr. Chin: This letter confirms that on December 21, 2015 I was onsite at your property located at 108 E. Bias Lane, adjacent to the Atlantic Ocean located in the Town of Duck, Dare County, North Carolina. The purpose of the visit was to investigate a report of unauthorized development involving the construction of a new dune deck within the Ocean Hazard Area of Environmental Concern. My site visit on the 2151 confirmed that a new dune deck approximately 16' x 18' or 304 s.f. had been constructed. 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 new dune deck on the aforementioned property. This activity took place in the Ocean Hazard AEC that is contiguous with the Atlantic Ocean. Ocean Hazard areas are designated as Areas of Environmental Concern (AEC). No permit was issued to you for work in this area. Based P. O. Box 8369 • Duck, North Carolina 27949 252-255-1234 9 252-255-1236 (fax) 9 www.townofduck.com Un Y. Karl Chin Eva Chin January 5, 2016 Page 2 on these findings, 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 development and contact me about this important matter. A civil assessment of up to $1,000 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. . It is the policy of the Coastal Resources Commission to levy a civil assessment 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. Whether a higher amount will be assessed will depend on several factors, including the nature and area of the resources 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 activity you have undertaken, construction of a new dune deck approximately 16' x 18' or 304 s.f., in the Ocean Hazard AEC, is not consistent with Section 15A, Subchapter 07H.0309 (a) which requires that all other provisions of this Subchapter and other state and local regulations are met. Section 15A, Subchapter 07H.0309 (a)(3) would allow for elevated decks not to exceed 500 s.f. within the 60' CAMA oceanfront setback, however the current size and location of this dune deck is inconsistent with the Town of Duck Code of Ordinances, Section 156.124(C)(2)(b) which states that accessory structures shall not be located within 30' of the First Line of Stable Natural Vegetation (FLSNV) except for one (1) dune deck, provided the dune deck is no closer than 15 feet from the FLSNV and provided the dune deck does not exceed 8 feet measured in any dimension including the area that is combined with or adjacent to any dune walkover structure that may be present. Therefore, I am requesting that the dune deck be reduced in size consistent with the Town of Duck standards, or that the dune deck be relocated landward of the 30' Town of Duck oceanfront setback for accessory structures. Please refer to the enclosed Restoration Agreement. 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 immediate 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. Upon completion of the restoration as requested in the Restoration Plan Agreement to the satisfaction of the Local Permit Officer, you will be notified by the Division of Coastal Management as to the amount of a civil assessment for undertaking development without first obtaining the proper permit(s). Un Y. Karl Chin Eva Chin January 5,2016 Page 3 Sincerely, andy O ss Local Permit Officer Cc: Joe Heard, Town of Duck Department of Community Development Frank Jennings, District Manager, DCM Lynn Mathis, District Compliance and Enforcement Representative, DCM Roy Brownlow, Compliance Coordinator, DCM Ronald Renaldi, Field Representative, DCM RESTORATION PLAN For Un Y. Karl Chin & Eva Chin CAMA Minor Violation #15-20A Property located at 108 E. Bias Lane, Town of Duck, Dare County Existing 16' x 18' dune deck shall be reduced in size consistent with the Town of Duck standards so that the dune deck does not exceed 8 feet measured in any dimension including the area that is combined with or adjacent to any dune walkover structure that may be present. initial Alternatively, the existing dune deck shall be relocated landward of the 30' Town of Duck oceanfront setback for accessory structures from the First Line of Stable Natural Vegetation (FLSNV). Relocation of the dune deck will require a site visit determination by the CAMA Local Permit Officer or an updated survey to determine the 30' setback. initial Please initial the preferred alternative. We, Un Y. Karl Chin and Eva Chin, property owners of 108 E. Bias Lane, Duck, NC, agree to complete the restoration requested above to the satisfaction of the Local Permit Officer by February 4, 2016, or provide an explanation for non-compliance and a reasonable request for time extension. When corrective actions are complete, I will notify the Local Permit Officer so the work can be inspected. SIGNATURE: SIGNATURE: DATE: It is the policy of the Coastal Resources Commission to assess a civil penalty plus Investigative costs. If restoration Is not undertaken or satisfactorily completed, a substantially higher civil assessment will be levied and an injunction sought to require restoration.