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Home My WebLink About15-01B SteinerPat McCrory Governor 4 NCDENR North Carolina Department of Environment and Division of Coastal Management 10 March 2015 CERTIFIED MAIL 7010 0290 0001 5628 7277 RETURN RECEIPT REQUESTED Mr. Steven Lee Steiner 352 Vreugdenhil Road Pantego, North Carolina 27860 15-01 W-(?> Natural Resources Donald R. van der Vaart Secretary RE: STOP WORK ORDER AND NOTICE OF FAILURE TO APPLY FOR CAMA PERMIT CASE # 01-15 Dear Mr. Steiner: This letter confirms that on 3 February 2015 I was onsite property owned by Ms. Carolyn Paul for which you have historically and are currently leasing as a long-term rental located off SR 1720, Nortleet Shores Road, at the terminus of Kenion Avenue adjacent the Pungo River in Beaufort County near Belhaven, North Carolina. The purpose of the visit was to investigate unauthorized dumping of broken concrete along the shoreline for the purpose of shoreline stabilization. This letter also confirms my attempts to contact you by phone both a cellphone number you gave me during a previous meeting onsite as well as the number listed in the phonebook both of which have been disconnected. This letter also confirms my 11 March 2015 meeting with Ms. Carolyn Paul. Information gathered by me for the Division of Coastal Management indicates that you are undertaking major development in violation of the Coastal Area Management Act (CAMA) (North Carolina General Statute (N.C.G.S.) 113A-100) as well as the State's Dredge and Fill Law (N.C.G.S. 113-229). 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, North Carolina General Statutes (N.C.G.S.) I I3A-118. I have information that you are undertaking, or are legally responsible for, major development by dumping broken concrete in a linear pile landward of the normal water level and an existing 3' tall erosion escarpment for a distance of t200' of which for a distance of 60' you pushed the pile of broken concrete over the erosion escarpment into the Pungo River on the aforementioned property. This activity is taking place in the Public trust Area, Estuarine Water, and Estuarine RECEIVED 943 Washington Square Mall, Washington, NC 27889 MAR 12 20 Phone: 252-946-6481 1 FAX: 252-948-0478 Internet: www.nccoastalmanagement.net An Equal Opportunity 1 Affirmative Action Employer- Made in part by recycled paper QQM40HD CITY Mr. Steven Lee Steiner 10 March 2015 Page 2 of 2 Shoreline Areas of Environmental Concern (AEC) that are contiguous with the Pungo River. Public trust Area, Estuarine Water, and Estuarine Shoreline are designated as Area(s) of Environmental Concern by the Coastal Resource Commission. You are hereby requested to STOP WORK IMMEDIATELY and contact me at this office at (252) 948-3854 within 10 days of receipt of this letter to initiate the CAMA/Dredge and Fill General Permit process. NO WORK MAY PROCEED UNTIL THE PERMIT IS ISSUED. If you comply voluntarily, no further action will be necessary beyond the issuance of a permit. Failure to contact this office and obtain the necessary permit or continuation of work after receipt of this Notice may constitute a violation of the Act and you may be subject to civil and/or criminal penalties as provided by North Carolina General Statute (NCGS) I I3A-126. 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 NCGS I I3A-126. In this case, as long as you obtain the necessary CAMA/Dredge and Fill permit, there will be no assessment levied against you. However, if you continue to violate the Coastal Area Management Act, you should consider yourself forewarned and expect a civil penalty to be levied against you consistent with the North Carolina Administrative Code, Title 15A, Subchapter W, Section .0409, as adopted by the Coastal Resources Commission. Thank you for your time and cooperation in resolving this important matter. 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 STOP WORK ORDER has been complied with. I request that you contact me immediately (252) 948-3854. Sincerely, Steve Trowell Coastal Management Representative Cc: Kelly Spivey — Interim District Manager, Washington Regional Office, DCM Roy Brownlow — Compliance and Enforcement Coordinator, Morehead City, DCM Raleigh Bland — US Army Corps of Engineers, Washington Regulatory Field Office Tier 1 RECEIVED MAR 12 2016 Pq"Tm" em IICM ENFORCEMENT TRACKING REPORT Rep. —Z&L AC �/ Issuer Rep. ❑ El Violation Description Initial Discovery Date Violation Case No. Permit No. (if applicable) Was No Kesponaent InT4rmaTlon Prior CA/MA or D/F Viol ns Yes QLO,� Prior Case No: 1 Respondent Name(s) r— (Landowner/Agent/Contractor) Address City —------ State_ Zip Phone # Fax #/Email Corporate Name & Registered agent Violation Type: Project Type: Authorizations Required: Site Visits Respondent Site Visits Respondent No Permit - Private/Community Permit Condition Govt./Public ❑ Major CAMA ❑ Minor D&F resent ❑ Present 11 Expired Permit Commercial General ❑ El Inconsistent w/ Rules Tier Level: & II III ❑ D Violation Location and Site Description LaVLong A Project Location: County �C�U Shoreline Length Al—_0 Street Addr as/ State Road/ Lot # AV N s Y S of ure es o Sandbags: Not Sure Yes Subdivision PNA: Yes o 3 Adjacent RECEIVED Cit ZIP ORW: Yes (1 Adjacent y' Crit. Hab. Ve MAR 12 1015 Phone # ( _) River Basin Gy l Photos N PO*W-uwrtr+ N4 Adj. Wtr. Body /�jtj- nst en/unkn Waiver Required Yes Closest Maj. Wtr. Body In DWQ Buffer Area es Specify DWQ Buffer if applicable: NOV Date CNOV Date Penalty Assessment Sent to Respondent Date Rcvd. by Dist. Mgr. Date Assessment Extended Initial Req. Comp. Date Date Comp. Observed App./Permit Fee Penalty Yes No Willful/Intent. Continuing Investigative Extension Granted Yes No Restoration Letter Acceptance Date 7J.0409 Ref. Recomm. Assess. DCM Assess. $ S is S Total Formal Assessments, Appeals and Reductions Date Long Form Submitted Assessment Appealed: Yes No Date Formal CPA Submitted Penattymodified Final Assessment $ Date Attorney General's Office for Injunction or Formal Collection Date sent to AG 0 Respondent not responsive to penalty/NOV Injunction to complete restoration Date Collection Letter Sent Date Demand Letter Sent Violation Activities and Impacts AECs Affected: S' CW CE OEA F H UBA N/A PWS: FC: Other: Restoration Required by the Respondent Yes 6D Wetlands Impacted? Yes /0 SA DS CJ SY JR ss SC SP IF BF If yes, which types: LS TY 404 Dimensions in excess of permit/ unauthorized activities Dimensions to restore Final dimensions allowed Actually restored Development Activities Habitat Description R Closing Payment Received $ Date Date Case Closed