14-25A Homiak

V—C3
Pat McCrory
Governor
NCDENR
North Carolina Department of Environment and Natural Resources
NOTICE OF VIOLATION
Oct.1, 2014
CERTIFIED MAIL #7012 0470 0002 0007 7382
RETURN RECEIPT REQUESTED
Daniel S. Homiak
P.O. Box 334
Avon, NC 27915
John E. Skvada, III
Secretary
RE: NOTICE OF VIOLATION AND REQUEST TO CEASE UNAUTHORIZED DEVELOPMENT
CAMA VIOLATION #14-25A
Dear Mr Homiak:
This letter confirms that on Sept. 16, 2014, 1 was onsite at your property located at 40176 Leslie Lane
adjacent to a canal leading to the Pamlico Sound and located in Avon, Dare County, North Carolina. The
purpose of the visit was to investigate the unauthorized construction of a pedestrian bridge, construction of
a rip rap revetment, and the construction of a shed within the Estuarine Waters Estaurine Shoreline Public
Trust Area and Public Trust Shoreline Areas of Environmental Concern.
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 the construction of a
pedestrian bridge over a canal, the placement of rip rap along the shoreline of the canal, and construction
of a shed within the 30 ft buffer on the aforementioned property. This activity took place in Estuarine
Waters Estaurine Shoreline Public Trust Shoreline and Public Trust Areas of Environmental Concern that
are contiguous with a canal that leads to the Pamlico Sound. Estuarine Waters Estuarine Shoreline 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 this area. Based on these findings, I am initiating an
enforcement action by issuing this Notice of Violation for violation of the Coastal Area Management Act
and the State's Dredge and Fill Law.
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
1367 US 17 South, Elizabeth City, NC 27909 RECEIVES
Phone: [phone] FAX: [phone] ; Internet: www.n=astaimanagement.net
OCT 06
An Equal Opportunity 1 Affirmative Action Employer
DCM-MHG CITY

Homiak
Sept. 25, 2014
Page 2 of 2
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 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. Whether a higher amount will be assessed
will depend on several factors, including the nature and area of the resources that were affected and the
extent of the damage to them.
You are also in violation of the State's Dredge and Fill Law which requires a permit from the North Carolina
Department of Environment and Natural Resources before undertaking any excavating or filling in any
estuarine waters, tidelands, marshlands, or state-owned lakes pursuant to N.C.G.S. 113-229. Therefore, I
also request that you immediately CEASE AND DESIST such unauthorized activity and contact me about
this matter as well. Violations of the State's Dredge and Fill Act may be enforced by a criminal penalty or a
civil action for damages or an injunction in accordance with N.C.G.S.113-229.
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. I request that you
contact me immediately.
Thank you for your time and cooperation in resolving this important matter. If you have any questions about
this or related matters, please call me at [phone].
Sincerely,
Kell Vel
Field Representative
NC Division of Coastal Management
Cc: Frank Jennings, District Manager, DCM
Roy Brownlow m liance Coordinator, DCM

TyTY OF
°... COUNTY OF DARE
do P Planning Department
RrK CA Ho P.O. Box 1000, Manteo, North Carolina 27954
September 22, 2014
Daniel S. Homiak
P.O. Box 334
Avon, INC 27915
Mr. Homiak:
Manteo: [phone]
KDH Satellite: [phone]
Buxton: [phone]
Recently, members of the Dare County Planning Department visited your property, 40176 Leslie
Lane, in response to complaints about a second structure located on the site without
authorization from Dare County. Corky Whitehead and IG Scarborough visited the site on
September 12 and September 19 and met with you on both occasions.
A second, unauthorized structure has been constructed on your property behind the residence
located on the front portion of the site. This second structure has been constructed without
Dare County permits or inspections across the canal that separates the site. Several issues
must be addressed in order for Dare County to evaluate this structure for compliance with the
applicable regulations. The R-1 zoning which applies to the site does not permit two separate
dwelling units on the site. In order for us to determine the necessary corrective actions that
must be made to the structure, the following documents should be submitted to the Planning
Department by October 20, 2014:
1. An up-to-date as -built survey depicting the residence and the unauthorized structure.
The as -built survey should depict the location of both structure relative to the property
lines, the applicable setbacks of the R-1 zoning, the existing lot coverage, and the 30-
foot LAMA buffer from the canal on the property.
2. An elevation certificate for the unauthorized structure. There is a one -foot freeboard
requirement in the Dare County Flood Damage Prevention Ordinance in addition to the
base flood elevation established on the Dare County flood maps.
You are advised to discontinue any work on this structure. It is highly likely that portions or
all of the structure may be deemed noncompliant with the Dare County Zoning Ordinance, the
Dare County Flood Damage Prevention Ordinance and the NC Division of Coastal Management
RECEIVED
OCT 0 6 2W
LAND OF BEGINNINGS DCM-MH(9(0tl>Yi

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r,egql 'a tions,.qpd-correLtivemdasijres.Wili-beriecessari/.. Construction qf.a.punauthorized
structure is;a serious violation of the zoning and Wilding regulatfohsand efforts, -to
demonstratecomplianceafter-the fad will be costly arid diffi6ult.
Sin cr-P rqlY
Dofirfa Creef
Planning Director
el,tpn, Chldf Buildingapspector„ -
IG Scarborough, Hatteras Island Inspector
Corky'Whitgkead, - Zoning 001cer
KelIV:11"Ussell, Division of COa4tal Management
Jack Flythe, Environmental Health Specialist
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M ENFORCEMENT TRACKING REPORT
T � /
Rep. L Ly (Q`ASS t LL Issuer Violation Case No. ! 4 2 S� Z�
Rep.
Initial Discovery Date
Violation Description
Discovery Method
Permit
El
Was activity perm
(if applicable)
is
mespQnueni Inicirmailon Prior LAMA or D/h Violations: Yes / No Prior Case No:
Respondent Name(s) ::T) A fJ ( C L S H a ✓" / /J K (Landowner/Agent/Contractor)
Address ice' �'� 3 3 `I City „/�„✓ (iJ State N C. zip 'Z 7 7 1 S
Phone # Fax #/Email
Corporate Name & Registered agent
Violation Type:
Project Type:
Authorizations Required:
0 No Permit
Private(Community
Major ❑ CAMA
❑ Permit Condition
❑ Govt./Public
❑ Minor D&F
❑ Expired Permit
❑. Commercial
❑ General
Site Visits Respondent
Present
EJ
Site Visits Respondent
Present
P Inconsistent w/ Rules Tier Level: I II III ❑ ❑
Violation Location and Site Description
LatlLong
Project Location: County ,I JCLOQ--
Shoreline Length��
Street Address/ State Road/ Lot #(s)
,qnJ 1(o L?64e
Subdivision
City ZIP A1�
Phone # ( _) River Basin pQ..CA
Adj. Wtr. Body CII {fir. _ cc na / a /unkn
Closest Mal. Wtr. Body (y I -A IjI10 `.lCl tl
SAV: Not Sure Yes 9
Sandbags: Not Sure Yes o
PNA: Yes o Adjacent
ORW: Yes o Adjacent
Crit. Hab. o RECEIVED
Photos Yes No
Waiver Required Yes ,0 OCT Os 2014
In DWQ Buffer Area Yes No DCM-MHDCOY
Specify DWQ Buffer if applicable:
Restoration
NOV Date I I Initial Reg. Comp. Date
CNOV Date Date Comp. Observed
Penalty Assessment
Sent to Respondent Date App./Permit Fee
Rcvd. by Dist. Mgr. Date Penalty
Assessment Extended Yes No Willful/Intent.
Continuing
Investigative
Extension Granted Yes No
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
Penalty modified
Final Assessment ,$,.,,,,-,,,,--,, .. . ....
Attorney General's Office for Injunction or Formal Collection
Date sent to AG Injunction to complete restoration
Respondent not responsive to penalty/NOVA
Date Collection Letter Sent Date Demand Letter Sent'
Violation ActMties'6nd Impacts
AECs Affected: i Wetlands Impacted? Yes (Z If yes, which types:
CW EW (PT ES TS
OEA HHF 11—r- U13A <PA SA DS ci SY JR LS TY
PWS:_FC: ss sc SP IF BF 404
Other:
Restoration Required by the Respondent Yes No
Dimensions in excess
of permitt unauthorized activities
Dimensions to restore
Final dimensions
allowed
Actually restored
a _ M
77774577 ,,,
. . ...........
7
w 'r,
NOTES:
'Closing
Payment Received $ Date Date Case Closed