HomeMy WebLinkAbout17-21A TapperoROY COOPER
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MICHAEL S. REGAN
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BRAXTON DAVIS
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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
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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
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DCM ENFORCEMENT TRACKING REPORT
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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
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City 1- HLw 1� State 7V L
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Address +Oi'Z Maii•�,)
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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
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❑
Expired Permit
�. Commercial
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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 ��!!
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-
Continuing
AUG'� 12017
Investigative
HD CITY
Lat/Long 36 U4lZgl5°
a
—�S33$6d.1 w
Shoreline Length T a S�
SAV: Not Sure
Yes
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Sandbags: Not Sure
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PNA:
,Y�es
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No Adjacent
ORW:
Yes
(�o Adjacent
Photos
es
No
Waiver Required
Yes
In DWQ Buffer Area Yes N�o
Specify DWQ Buffer if applicable:
Extension Granted Yes No
Restoration Letter
Acceptance Date
Recomm. Assess.
DCM Assess.$
$
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
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Closing
Payment Received $ Date Date Case Closed