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Home My WebLink About15-11A HughesNCDE dR North Carolina Department of Environment and Natural Resources Pat McCrory Governor September 2, 2015 Mr. William Hughes 1004 West Queen Street Edenton, NC 27932 Donald R. van der Vaart Secretary RE: Payment of Proposed Penalty for Violations of the Coastal Area Management Acts Chowan County, CAMA Violation #15-11A Dear Mr. Hughes: This letter will acknowledge receipt of your Check #137, in the amount of $454, and dated 08/30/15. Once the amount of the check is credited to the Department of Environment and Natural Resources' account, this matter will be fully and completely closed. If you have any further questions concerning this matter, please contact me at my Elizabeth City office at 252-264-3901. Sincerely, Frank Jennings, District Manager Northeastern District Division of Coastal Management FJ/yc cc: A„Brownlow, Compliance Coordinator, DCM, Morehead City Lynn Mathis, Field Specialist, DCM, Elizabeth City RECEIVED SEP 10 2015 riE:w�yr+�i k;1/M 1367 US 17 South, Elizabeth City, NC 27909 Phone: 252-264.39011 FAX: 252-264-3723; Internet: htto://oortal.nodenr.oralweb/c6dcm-home An Equal apporluniry 1 AIFmetive Action Employer Signature of Agent or Applicant: 4L-11—i Signature of Field Representati . f NC Division of Coastal Management Cashier's Official Receipt 07 214— Date: 20 J--- �S Received From: s � � � 1 Roc®it No.: N i j) Check No.: I-3 7 Applicant's Name: S ` `f County: C- Project Address: y $ E Please retain receipt for your records as proof of payment for permit issued. Date: Z- // S— !/ ) Date: RECENED SEP 10 2015 !7,_'—— William Hughes r._— — - August 20,2015 Page 3 SEP 2 2015 a CAMA VIOLATION #15-11A m�fi D •' William Hughes 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 $454.00 against me for violation of the Coastal Area Management Act, NCGS 113A-100 et sec, committed on or near my property 1004 W. Queen Street in Chowan 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 august 20, 2015, and agree to pay the proposed civil assessment of $454.00. ah0 / I)- DATE SIGNATURE 1, 1"' -I •V vy CJJ L;4N 'W ADDRESS TELEPHONE NUMBER RECENED SEP 10 1015 A 0-12> NEVER North Carolina Department of Environment and Natural Resources Pat McCrory Donald R. van der Vaart Governor Secretary August 20, 2015 CERTIFIED MAIL 7012 0470 0002 0007 7511 RETURN RECEIPT REQUESTED William Hughes 1004 W. Queen Street Edenton, North Carolina 27932 RE. CAMA VIOLATION #15-11A Dear Mr. Hughes: This letter is in reference to the Notice of Violation dated August 20, 2015 that Lynn Mathis, Field Specialist for the Division of Coastal Management, issued to you for the unauthorized construction of a boatlift and boathouse at 1004 W. Queen Street, In Chowan County. The violation involved Public Trust Water, which is an Area of Environmental Concern designated by the Coastal Resources Commission. The development undertaken is consistent with the Division's Rules and as such no restoration was requested. The Coastal Area Management Act provides that a civil assessment of up to $10,000.00 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 $454.00 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 $454.00 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 remission of the penalty. RECEIVED AUG 242015 1367 US 17 South, Elizabeth City, NC 27909 Phone: 252-264-39011 FAX: 252-264-3723 ; Internet: www.nccoastalmanagement.net An Equal Opportunity 1 Affirmative Action Employer William Hughes August 20, 2015 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 (252) 264-3901. Sincerely, Frank A. Denning ,III District Manager, Northeast District NC Division of Coastal Management FAJIIm cc: Roy Brownlow, Compliance Coordinator DCM, Morehead City Lynn Mathis, Field Specialist, DCM, Elizabeth City RECEIVED AUG 2 4 2015 William Hughes August 20, 2015 Page 3 CAMA VIOLATION #15.11A William Hughes 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 $454.00 against me for violation of the Coastal Area Management Act, NCGS 113A-100 et seMc, committed on or near my property 1004 W. Queen Street in Chowan 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 august 20, 2015, and agree to pay the proposed civil assessment of $454.00. DATE SIGNATURE ADDRESS TELEPHONE NUMBER RECEIVED AU6 2 4 2015 w '""w Ous RECEIVED AUG 2 4 2015 MC DEE R North Carolina Department of Environment and Natural Resources Pat McCrory Donald R. van der Vaart Governor Secretary NOTICE OF VIOLATION August 20, 2015 CERTIFIED MAIL 7012 0470 0002 0007 7511 RETURN RECEIPT REQUESTED William Hughes 1004 W. Queen Street Edenton, North Carolina 27932 RE: NOTICE OF VIOLATION AND REQUEST TO CEASE UNAUTHORIZED DEVELOPMENT CAMA VIOLATION #15-11A Dear Mr. Hughes: This letter confirms that on August 19, 2015, 1 was onsite at your property located at 1004 W. Queen Street adjacent to man-made canal off of Pembroke Creek, in or near the Town of Edenton, Chowan County, North Carolina. The purpose of the visit was to investigate unauthorized construction of a boathouse over a man-made basin within the man-made canal. 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 unauthorized construction of a boathouse on the aforementioned property. This activity took place in Public Trust Waters that are contiguous with the Albemarle Sound. Public Trust Waters 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. I request that you immediately CEASE AND DESIST any further unauthorized 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. RECEIVED 1367 US 17 South, Elizabeth City, NC 27909 AU6 2 4 2015 Phone: 252-264-3901 \ FAX: 252-264-3723 ; Internet: www.ncooastaimanagement.net f;IASFd"Mbt f6 An Equal Opportunity \ Affirmative Action Employer William Hughes August 20, 2015 Page 2 of 2 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. 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. 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. Therefore, restoration of the impacted area is not requested at this time. 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 at (252) 264-3901 about these important matters. Thank you for your time and cooperation in resolving this important matter. Sincerely, Lynn W. Mathis Field Specialist Cc: Frank A. Jennings, III, District Manager, DCM Roy Brownlow, Compliance Coordinator, DCM Holly Colombo, Chief Building Inspector, Chowan County RECEIVED AUG 2 4 2015 WkII04MO e," DCM ENFORCEMENT TRACKING REPORT ssuer Field Specialist 0 Violation Case No. !�- !!/J LPOI-k//4 G/LlaO164) ❑ LPJ Violated Permit No. (H applicable) Violation Description Was activity permittable? Yes / No Initial Discovery Date 2,075 Discovery Method (�RtfE jJly _ d/Sr6CL Violation Description__LMSS?2LCJ!N'1 espon ent Information Prior CAMA or D/F Violations: Yes / No Respondent Name(s) l//bl�./f•✓yd _/7rLt 6ltES I a^riown /Agent/Contracto,i Address �/,Ut{ C7u E; .V S%/tE�-% CRY 4M6. plu State A!C Zip Phone # 3 33 - iF� [Z.SZ) Fax # Email Violation Type: Project Type: Authorizations Required: No Permit Private/Community ❑Major CAMA ❑ Permit Condition � Govt./Public ❑ Minor ❑ D&F ❑ Expired Permit ❑ Commercial General ❑ Inconsistent w/ Rules Tier Level: I II III Site Visits Respondent Site Visits Present }}--�� -- El ❑ ❑ Respondent Present ❑ ❑ ❑ Violation Location and Site Description 30"o3' 27.Z.1 " N Lat/Long 1ln° 5&' 0?-P1iw Project Location: County CtkJtV4 Al Shoreline Length G!0 ` Street Address/ State Road/ Lot #(s) SAV: Not sure Yes (53> /C70� av, Sandbags: Not Sure Yes (!D Subdivision A(%A PNA: Yes (0 Adjacent ORW: Yes Adjacent City_ �jt,f��( ZIP Z-7932 Crit. Hab. Yes ® RECEIVED Phone # (ZS2 ). 33,-00194_ River Basin r:({6I, Ay(/ Photos Yee No Adj. Wtr. Body CAgJAG (nat/S/unkn) Waiver Required Yes ® AUG 242015 SOn_.r 0 , Closest Maj. Wtr. Body AGP)C1L1plZe_66 zr In DWQ Buffer Area Yes 40444M1rd , Specify DWQ Buffer if applicable: Restoration Extension Granted Yes No NOV Date Initial Req. Comp. Date Restoration Letter CNOV Date Date Comp. Observed __.. Acceptance Date Penalty Assessment Sent to Respondent Date Rcvd. by Dist. Mgr. Date Assessment Extended Yes No App./Permit Fee Penalty WillfuUlntent. Continuing Investigative 7J.0409 Ref. Recomm. Assess. DCM Assess. $ •o0 $ $ 20f7.4:0 $ $ _ at) $ Total UO Formal Assessments, Appeals and Reductions Date Long Form Submitted Assessment Appealed: Yes -No Date Formal CPA Submitted Penalty modified Final Assessment $ Date Attorney General's Office for Injunction or Formal Collection Date sent to AG Respondant not responsive to penalty/NOV ❑ Injunction to complete restoration Date Collection Let. Sent Date Demand Let. Sent Violation Activities and Impacts AECs Affected: Wetlands Impacted? Yes If yes, which types: CW EW PTA 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 Dimensions to restore Final dimensions of permit/ unauthorized activities allowed Actually restored Development Activities Habitat Description NOTES: /&(a . So Jo 1 1',hWt10 M)P. A1,Q-/x. S 46 S� Closing Payment Received $ Date Date Case Closed I ��V�GGG�� iG1 �LRG�f� S RECEIVED AUG 2 4 2015 ®I4ICAMA / ❑ DREDGE & FILL J,,444,/ C'111V 5 f7G9cf7fL r' GENERAL PERMIT !! Previous permit # i~'New C'Modification ❑Complete Reissue ❑Partial Reissue Date previous permit issued As authorized by the State of North Carolina, Department of Environment and Natural Resources •¢ (/ and the Coastal Resources Commission in an area of environmental concern pursuant to 15A NCAC I Applicant Name °' Address `- City_ State,— ZIP Phone # ( ). �" r Fax # ( ) ,:_ Authorized Agent Affected LJ CW ❑EW ('PTA DES "".'PTS AEC(s): C OEA ❑ HHF O IH :1 USA : 7 WA ❑ PWs: ❑FC: ORW: yes /�to i PHA yes / (ig Crit.Hab, =yesJ,Po-. Type of Project/ Activity Pier (dock) length Platforms) Finger pier(s)... Groin length Bulkhead/ lbprap li avg distance i max distance Basinchannel cubic Boat ramp _............... Boathouse/ Boatlift..,____. Beach Bulldozing ...............--.-.,,. Other Project Location: County_ . -_-- Street Address/ State Road/ Lot #(s) Subdivision ....----...._.__.- City .- .erzlp_. %�•L Phone # ( }.....__......_......_ River Basing. Adj. Wtr, Body _ . (nat /man /unkn Closest Maj. Wtr. Body•I a (Scale: } C] See note on back regarding River Basin rules. k n, AAI f Pe, mu oSicer s Signature ,rrg bite f ,: ._ Expirab�n Date � LocalLoGal�Plann{inowl. 'ctlon Rover FUaName