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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 x D }}{{,,�j �pa'rr�� yyyy��� E �.'rA jl;.yt%eyMi+`yi)iY 'y R k t ���,t-� k 41Ri9v i K� Pls3Y'x9 ^y 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