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HomeMy WebLinkAbout17-21A TapperoROY COOPER rt,mm",' MICHAEL S. REGAN set 'Truly BRAXTON DAVIS DimRur Coastal Management ENVIRONMENTAL OUALITY NOTICE OF VIOLATION August 29, 2017 CERTIFIED MAIL #70151520 0003 5515 4448 RETURN RECEIPT REQUESTED Matt Tappero, President Coastal Construction of North Carolina, Inc. 7013 Martins Point Road Kitty Hawk, NC 27949 RE: NOTICE OF VIOLATION AND REQUEST TO CEASE UNAUTHORIZED DEVELOPMENT CAMA VIOLATION #17-21A Dear Mr. Tappero: This letter is in reference to our August 24, 2017 meeting onsite at Mark & Debora Stevens property located at 1049 Creek Road, adjacent to Jean Guite Creek within the Martins Point subdivision, Dare County, North Carolina. The purpose of the onsite meeting was to investigate unauthorized development on the aforementioned property. This letter also references our August 21 & 23 emails and August 24 phone conversation. Information gathered by me for the Division of Coastal Management indicates that your actions as contractor for Mark & Debora Stevens are in violation of the Coastal Area Management Act (LAMA). No person may undertake major development in a designated Area of Environmental Concern (AEC) without first obtaining a permit from the North Carolina Department of Environment and Natural Resources pursuant to the North Carolina General Statutes (N.C.G.S.) 11 3A-1 18. 1 have information that indicates you have undertaken or are legally responsible for the construction of a ±16'x11' platform, a ±12'x4' lower platform, a 12.5'x12.5' four -piling boatlift, stairs extending from a walkway into coastal wetlands and a ±22' kayak rack cantilevered over coastal wetlands on the aforementioned property. This activity took place in Coastal Wetlands, the Public Trust Area and Public Trust Shoreline that are contiguous with Jean Guite Creek. The Coastal Wetland, Public Trust Area and Public Trust Shoreline areas are designated as Areas of Environmental Concern (AEC). No CAMA permit was issued to you for work in these areas. Based 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 unauthorized development. A civil assessment of up to $10,000 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 $10,000. An injunction or criminal penalty may also be sought to enforce any violation in accordance with N.C.G.S. 11 3A-126. REC VED AUG 31 2017 State of North Cuolina I Emirunmental Quality I Coastal Menaliement ®� 401 S Griffin Street I Suite 3001 Elizabeth City, NC 27909 MHD CITY ogo_oadaonl It is the policy of the Coastal Resources Commission is to levy a civil assessment against contractors in addition to that assessed against the landowner; however, since this is your first documented violation no civil assessment will be levied against you at this time. You are forewarned that should you, Matt Tappero, or your company Coastal Construction of North Carolina, Inc. be found in violation of the CAMA again you will be assessed a civil penalty. 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. Sincerely, Ron Renaldi Field Representative NC Division of Coastal Management cc: Frank Jennings, District Manager, DCM Roy Brownlow, Compliance Coordinator, DCM arc, S l ti0\1 DCM ENFORCEMENT TRACKING REPORT s—ue/ Field Rep. �IsLtd v nG ,� ' Violation Case No, I TA LPO EJ GP6�30a,A (r gfecct� Violated Permit No. LPJ /4 _ (it applicable) Was activity permittable? Yes — � do°s`t h Violation Description `�"^ r"", f"� had Initial Discovery Date 84-(11 -4 Discovery Method 91,E c,t,t w }.r o -b " fo c t r�oeti•f•r I�Isus+-�✓ Violation Description C 1,k bo f•t Ft or D/F Violations: Yes Respondent Name(s) h Vtct City 1- HLw 1� State 7V L y K(, y....__.____.---. ZiP 11' `ti Address +Oi'Z Maii•�,) loam} Phone #(,Ta61Lil ()_ffj: Fax# Email mt C>bx w�^^ Violation Type: Project Type: Authorizations Required: Site Visits R Present pondent Site Visits R Present nt No Permit Private/Community LJ ftA Major /w CAMA �4 aot ❑ Permit Condition Govt./Public Minor D&F F1 LE] ❑ Expired Permit �. Commercial l General ❑ Inconsistent w/ Rules Tier Level: II III Violation Location and Site Description Project Location: County DG ✓•C Street Address/ State Road/ Lot #(a) �i.i" u c- C /.e.c. l6 R Subdivision Pa f Dar t— ZIP a ci Phone # ( _) River Basin 24 IC Adj. Wtr. Body 1 a n G )i-- CL'nl aylman /unkn) Closest Mal. Wtr. Body CCU ` , /'J pjc JYJ NOV Date CNOV Date Initial Req. Comp. Date Date Camp. Observed Penalty Assessment Sent to Respondent Date App./Permit Fee Penalty Rcvd. by Dist. Mgr. Date Willful/intent. Assessment Extended ��!! cFni/E �l - Continuing AUG'� 12017 Investigative HD CITY Lat/Long 36 U4lZgl5° a —�S33$6d.1 w Shoreline Length T a S� SAV: Not Sure Yes [ Sandbags: Not Sure dila PNA: ,Y�es TeA No Adjacent ORW: Yes (�o Adjacent Photos es No Waiver Required Yes In DWQ Buffer Area Yes N�o Specify DWQ Buffer if applicable: Extension Granted Yes No Restoration Letter Acceptance Date Recomm. Assess. DCM Assess.$ $ F 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 penally/NOV Injunction to complete restoration Date Collection Let. Sent Date Demand Let. Sent Violation Activities and Impacts AECs Affected: Wetlands Impacted. 6s?No If yes, which types: 6:w EW CRTAP ES OEA HHF IH UBA N/A DS CJ SY J`�R� LS TY PWS: FC: SS SC SP IF BF 404 Restoration Required by the Respondent Yes /i�07 Dimensions in excess Dimensions to restore Final dimensions Actually restored of permit/ unauthorized activities allowed Development Activities Habitat Description NOTES: C votL nw� 1 Mu�IC Ilehoi4 Sic.r U'e( fior lh 1-f'a•0A Nuc, Closing Payment Received $ Date Date Case Closed