HomeMy WebLinkAbout14-11D SharmaA
KNEW
North Carolina Department of Environment and Natural Resources
Pat McCrory
Governor IMCMVED
NOTICE OF VIOLATION
July 18, 2o1a JUL 2 3 2014
CERTIFIED MAIL 70110110 0000 9947 2406
RETURN RECEIPT REQUESTED DCN-MHDCrrY
Mr. Sandeep Sharma
371 Silver Oak Terrace
Concord, NC 28025
RE: NOTICE OF VIOLATION AND REQUEST TO CEASE UNAUTHORIZED DEVELOPMENT
CAMA VIOLATION#14-11D
Dear Mr. Sharma:
.cam
John E. Skvarta, III
Secretary
This letter confirms that on July 17, 2014, 1 was onsite at your property located at 144 West Third St. adjacent to Old
Sound Creek, in Ocean Isle Beach, Brunswick County, North Carolina. The purpose of the visit was to investigate an
unauthorized double jet -ski floating lift/platform placed within Old Sound Creek adjacent to your existing docking
facility.
Information gathered by me for the Division of Coastal Management indicates that you have undertaken major
development in violation of the Coastal Area Management Act (CAMA). 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. This requirement is imposed by North Carolina General
Statute (N.C.G.S.) 11 3A-1 18.
I have information that indicates you have undertaken or are legally responsible for installation of a double jet -ski
floating lift/platform measuring approximately 13 ft. in length by 8 ft. in width (130 sq. ft.) on the eastern side of the
existing floating dock on the aforementioned property. This activity took place in Estuarine Water and Public Trust
Areas that are contiguous with Old Sound Creek. Estuarine Water and Public Trust Areas are designated as Areas
of Environmental Concern (AEC). No CAMA permit was issued to you for installation of a floating lift/platform 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 development and contact me about this matter. 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.113A-126.
It is the policy of the Coastal Resources Commission (CRC) 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. The relevant statutes and
127 Cardinal Drive Ext., Wilmington, North Carolina 28405-3845
Phone: (910) 796-72151 FAX: 910-395-39641Internet: www.nccoastalmanagement.n
An Equal Opportunity 1 Affirmative Action Employer— 50% Recycled 110% Post Consumer
Mr. Sandeep Sharma
July 18, 2014
Page 2 of 2
regulations are available from this office, and
laws.
iiHMWM
JUL 2 3 2014
"4
I am willing to assist you in complying wi h the rec�ulrements of these
Based upon review of the Coastal Area Management Act, Coastal Resource Commission's rules, and the local
jurisdiction's Land Use Plan, the activity you have undertaken appears consistent with the guidelines for Areas of
Environmental Concern. Pending receipt of a waiver of the 15 ft. riparian setback from the adjacent riparian property
owner to the east a determination will be made and you will be notified if restoration of the impacted coastal
resources is necessary. You will be notified as to the amount of the civil assessment for undertaking development
without first obtaining the proper permit(s) and/or development that is inconsistent with Coastal Resources
Commission rules, Thank you for your time and cooperation in resolving this important matter. If you have any
questions, please call me at (910) 796-7215.
Sincerely,
FM
Pherson
Field Specialist
ENCLOSURES
Cc: Debra Wilson, District Manager, DCM
Roy Brownlow, Compliance Coordinator, DCM
Justin Whiteside, LPO
127 Cardinal Drive Ext., Wilmington, North Carolina 28405-3845
Phone: (910)796-72151FAX: 910-395-396411nternet: www.ncooastalmanagement.net
An Equal Opportunity l Affirmative Action Employer— 50% Recycled 110% Post Consumer Par
ENFORCEMENT TRACKING REPORT
Nk
Initial Discovery Date
Respondent Name(s)
Address,
Fax #/Email
Violation Case No.,
JUL 2 3 2014
Permit No.,
wIVINwcrfY
Corporate Name & Registered agent will
■
Violation Type: Project Type: Authorizations Required: Site Visits Respondent Site Visits Respondent
Preg*et Present
No Permit �. Private/Community Major CAMA �U Q
Permit Condition GovL/Public Minor D&F
to Expired Permit Commercial General
Inconsistent w/ Rules Tier Level: I II III
Violation Location and Sitepipscription
Project Location: County YNkf�
Street Address/ Statg Rgad/ Lot #1s)
City - � JILM
Phone # ( _
Adj. Wtr. Body
Closest Maj. Wtr. Body
NOV Date - I I Initial Req. Comp. Date
CNOV Date Date Comp. Observed
Penalty Assessment
Sent to Respondent Date
Revel. by Dist. Mgr. Date
Assessment Extended Yes No
Lat/Long Imly % 114UntAil
I
Shoreline Length
SAV: Not SuSandbags: Not SupNA: Adjacent
ORW: Adjacent
Cdt. Hab. YYYYerrrsccNo
Photos No
Waiver Required
In DWQ Buffer Area Yes No
specify DWQ Buffer if applicable:
Extension Granted Yes No
�J Restoration Letter
Acceptance Date
710409 Ref.
Recomm. Assess.
DCM Assess.
.Total
Formal Assessments, Appeals and Reductions
Date Long Form Submitted Assessment Appealed: Yes No
Date Formal CPA Submitted RBCMVED Penalty modified
Final Assessment $ Date P.
Attorney General's Office for Injunction or Formal Collection
Date sent to AG Respondent not responsive to py Injunctiop to complete restoration
Date Collection Letter Sent Date Demand Letter Sent
Violation Activities and Impacts
AECs Affected: Wetlands Impacted? Y / No If yes, which types:
CW a7cpD ES PTS
OEA HHF IH UBA N/A SA DS CJ SY JR LS TY
PWS: FC: SS SC SP IF BF 404
Other:
Restoration Required by the Respondent Yes / No
Dimensions in excess
of permit/ unauthorized activities
Dimensions to restore
Final dimensions
allowed
Actually restored
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Closing
Payment Received $ Date Date Case Closed
Pat McCrory
Governor
IKDEEWR
North Carolina Department of Environment and Natural Resources
November 25, 2014
CERTIFIED MAIL 70110110 0000 9947 2291
RETURN RECEIPT REQUESTED
Mr. Sandeep Sharma
371 Silver Oak Terrace
Concord, NC 28025
RE: CAMA VIOLATION 04-11D
Dear Mr. Sharma:
Ys_r3
RECEIVED
DEC 0 3 1014
Hero :�,Hr� env
John E. Skvarla, III
Secretary
This letter is in reference to the Notice of Violation dated July 18, 2014 that Tara MacPherson, representative for
the Division of Coastal Management, issued to you for installation of a unauthorized double jet -ski floating
lift/platform at 144 West Third St in Ocean Isle Beach, Brunswick County. The violation involved Estuarine
Waters and Public Trust Area, which are Areas of Environmental Concern designated by the Coastal Resources
Commission. Based upon receipt of a waiver of the 15 ft. riparian setback from the adjacent riparian property
owner to the east, which was received in this office on November 24, 2014, the restoration requested appears to
be complete to the satisfaction of the Division of Coastal Management.
The Coastal Area Management Act provides that a civil assessment of up to $10,000 plus investigative costs 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 $436 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 $436 made payable to the North Carolina Department of Environment and Natural Resources
(NCDENR); 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.
127 Cardinal Drive Ext., Wilmington, North Carolina 28405-3845
Phone: 910-796-72151 FAX: 910-395-39641Internet: wwvr.nocoastalmanagement.net
An Equal Opportunity 1 Affirmative Action Employer — 50% Recycled 110% Post Consumer Paper
Mr. Sandeep Sharma
November 25, 2014
Page 2
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 (910) 796-7215.
Sincerely,
RECEIVED
9� ` DEC 0 12014
V� / DCM-MHDelTY
Debra Wilson
District Manager
Enclosures
Cc: . Roy Brownlow, Compliance Coordinator, DCM
Tara MacPherson, Coastal Management Representative, DCM
Justin Whiteside, LPO
127 Cardinal Drive Ext., Wilmington, North Carolina 284053845
Phone: 910-796-72151 FAX: 910395-39641 Internet: www.n=astaimanagement.net
An Equal Opportunity 1 Affirmative Action Employer— 50% Recycled 110% Post Consumer Paper
RECEIVED
�V
AY
Rep.
Initial Discovery Date
Violafion Description
Respondent Name(s)
Address. 1 -23-1(
Phone #
ENFORCEMENT TRACKING REPORT
1�r`�\\�O" 03 2014
Issuer Violation Case No. -` �B�RD CITY
Permit No.
(if applicable)
Was activity permittable? Yes / No
Method
or D/F Violations: Yes
AAA—
andow , gent/Contractor)Q�,��
City . LX _ State,. Zip11LLtG`
Fax #!Email
Corporate Name & Registered agent -
�
Violation Type: Project Type: Authorizations Required: Site Visits Respondent Site Visits Respondent
t Present
No Permit Private(Commumty Major CAMA4,Pr1e
0Permit Condit on Govt./Public Minor D&F
d Expired Permit �; Commercial GeneralInconsistent w/ Rules Tier Level: I II III� S
Violation Location and Site 1lescription
Project Location: County
Street Address/ Statg Rc
Phone # ( ) River Ba
Adj. Wtr. Body nat / n /unkri)_
Closest Maj. Wtr. Body �I�n11n�
NOV Date - • I Initial Req. Comp. Date
CNOV Date Date Comp. Observed
Penalty Assessment
Sent to Respondent Date
Rcvd. by Dist. Mgr. Date Penalty
Assessment Extended Yes No Willful/intent.
Continuing
Lat/Long f MIVW\
t
Shoreline Length
f
SAV: Not Sure
Yes
No
Sandbags: Not Sure
Yes
PNA:
YesAdjacent
Fe7
ORW:
Yes
Adjacent
Grit Hab.
Yes
Photos
No
Waiver Required
In DWQ Buffer Area
Yes
No
Specify DWQ Buffer if applicable:.
Extension Granted Yes
Restoration Letter ,
Acceptance Date
7J.04097J.0409 Ref.Recomm.
Assess.
DCM Assess.
DCM Assess.
$. .
$
$
$
Is
.Total
Formal Assessments, Appeals and Reductions
A
Date Long Form Submitted Assessment Appealed: Yes No
Date Formal CPA Submitted RECEIVED
Penaltymodified
Final Assessment $ Date OR O $ 2014
Attorney General's Office for Injunction or Formal Collection
Date sent to AG Respondent not responsive to penalty/NOV'Q Injunction to complete restoration
Date Collection Letter Sent Date Demand Letter Sent
Violation Activities and Impacts
AECs Affected: Wetlands Impacted? Y / No
CW LPN -(_PTA/ ES PTS
OEA HHF IH LEA N/A SA DS CJ SY JR
PWS: FC: SS SC SP IF BF
Restoration Required by the Respondent Yes / No
Fl—Dime iri excess
of permit/ unauthorized activities
Dimensions to restore I Final dimensions
allowed
Payment Received $ Date Date Case Closed
If yes, which types:
LS TY
404
Actually restored
AZMA.
NCDENR
North Carolina Department of Environment and
Division of Coastal Management
Pat McCrory,
Governor
December 10, 2014
Mr. Sandeep Sharma
371 Silver Oak Terrace
Concord, NC 28025
Natural Resources
John E. Skvarla, III
Secretary
RE: Closure Letter
Payment of Proposed Penalty for Violations of the Coastal Area Management Act,
Committed in Brunswick County
CAMA Violation #14-11D
Dear Mr. Sharma:
This letter will acknowledge receipt of your check #5073, in the amount of $436.00, dated December 6, 2014.
Once the amount is credited to the Department of Environment and Natural Resources' account, this matter
will be fully and completely closed.
Thank you for your cooperation in resolving this violation. If you have any further questions concerning this
matter, please contact me at the Wilmington Regional Office, (910) 796-7215.
Sincerely,
n ,L,—" —,
Debra D. Wilson
District Manager
DDW/ph
cc: Roy Brownlow, Compliance Coordinator
Holley Snider, Coastal Management Field Representative
Justin Whiteside, Ocean Isle Beach, LPO
127 Cardinal Drive Ext., Wilmington, NC 28405
Phone: 910-796-72151 FAX: 910-395-3964 Internet: www.nccoastalmanagement.net
RECEIVED
DEC 15 7010
DcM-" sQ,Qry
An Equal Opportunity 1 Affirmative Action Employer
Mr. Sandeep Sharma
November 25, 2014
Page 3
CAMA VIOLATION #14-11 D
Mr. Sandeep Sharma
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 $436 against me for violation of the Coastal Area Management Act, NCGS
113A-100 et sec, committed on or near property located at 144 West Third St. in Brunswick 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 July 18, 2014, and agree to pay the proposed civil
assessment of $436.
DATE
ADDRESS
fin, cA Nc— Z8025
—7 04 1$L.Q — $3 2—t
TELEPHONE NUMBER
RECEIVED
DEC 1 F 71"1"
DCM-MHD CITY
RECEIVED
DCM WILMINGTON, NC
127 Cardinal Drive Ext,, Wilmington, North Carolina 28405-3845 01 , 1
Phone: 910-796-7215 \ FAX: 910-395-3964 \ Internet: www.nccoastalmanagement.net
An Equal Opportunity \ Affirmative Action Employer— 50% Recycled \ 10% Post Consumer Paper