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Home My WebLink About17-28A HuynhI w t i Coastal Management ENVIRONMENTAL OUALITV December 18, 2017 Ut Kim Huynh 105 Edgewater Drive Shiloh, North Carolina 27974 Oowmor MICHAEL S. REGAN SI,C'tary BRAXTON C. DAVIS D'Mcw RE: Payment of Proposed Penaltyfor Violations of the Coastal Area ManagementAct, Camden County, CAMA Violation #17-28A Dear Huynh: This letter will acknowledge receipt of check #2838, in the amount of $432.00, and dated 12/15/17. Once the amount of the check is credited to the Department of Environmental Quality's 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, , 1 L Frank Jennings, District Manager Northeastern District Division of Coastal Management FJ/eg cc: Roy Brownlow, Compliance Coordinator, DCM, Morehead City Lynn Mathis, Coastal Management Representative, DCM Nothing Compares —_:- State of North Carolina I Eniroomental Quality I Coastal Management 401 S. Cmffin St., Ste 3001 Elizabeth City, NC 27909 252-264-39011252-331-2951 ff"I RECEIVED DEC 21 2017 DCM- MHD CITY ti CAMA VIOLATION #17-28A UtKim Huynh AGREEMENT TO PAY PROPOSED CIVIL ASSESSMENT I understand that the staff of the Department of Environmental Quality will propose the assessment of a civil penalty in the amount of $432.00 against me for violation of the Coastal Area Management Act, NCGS 113A- 100 et sec, committed at 135 Edgewater Drive, Shiloh, in Camden 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 November 16, 2017, and agree to pay the proposed civil assessment of $432.00. IZ i5 l� DATE t,,,tic� SIGNATURE Id�I t / r- II-)L SV`I ADDRESS N(�— Z`i 9-7 L4 Z�2 " �31��15�0 TELEPHONE NUMBER RECEIVED DEC 21 2017 DCM- MHD CITY Received DE^ 1 —7 DCM-EC v NC Division of Coastal Management A B r 'B Cashier's Official Receipt 5165 Received From: /'� / ., /' m �U V� Permit No.: /�/L/`n d�g� F{e Applicant's Name: fzz A4-M berth Project Address: Date: fL4zi 20 4z $ U Check No.:.� County: �� 6�, Please retain receipt for your records as proof of payment for permit issued. Signature of Agent or Applicant:' / Signature of Field Representative: Date: l,�O/1/ Date: Z4�" " RFC,EIV E® DEC 21 Z017 DCM" MHO CITY DCM ENFORCEMENT TRACKING REPORT N✓ lM��i7s Issuer 1-7 ze„/j ^ Field Rep. / 4�t Violation Case No. LPO ❑ Violated Permit No. LPJ - (if applicable) Violation Description Was activity permittable? Yes / No Initial Discovery Date i /7 Discovery Method 17L Violation Description PM:)'L yfA4 P&7-&lt h� /16 / T Address 4 — 4J 7z)e City S)6LJ t_ State_&C Zip 771 Phone # Fax # Email Violation Type: Project Type: Authorizations Required: Site Visits Respondent Site Visits Respondent �,. No Permit � Private/Community ❑Major � CAMA Present /, Present Permit Condition ❑ Govt./Public ❑ Minor ❑ D&F —�❑ ❑ Expired Permit ❑ commercial General ❑ ❑ Inconsistent w/ Rules Tier Level: I III El El Violation Location and Site Description LaULong Project Location: County / /14,41 0au Shoreline Length Street Address/ State Road/ Lot #(s) / �6��L�1}�yt �1^ §// SAV: Not sure Yes Sandbags: Not Sure Yes 10 Subdivision C/}�,ji/,//` �/ RNA Yes Adjacent City 77r?ht 01-1 ZIP �-X/75G ORW: Yes Adjacent Grit. Hab. Yes Phone # ( _} nn ,/ River Basin /"/%3�10/i�/Lf�- Photos � No Adj. Wtr.Body (fOmit (net Li ark/unkn) Waiver Required Yes 49 SIJj/,.�/� In DWQ Buffer Area Yes Rio" Closest Maj. Wtr. Body L�+-��. 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 App./Permit Fee Rcvd. by Dst. p.� Penalty AssessmNo WiIHuUlntent. DEC 21 2017 Continuing 710409 Ref. Recomm. Assess. DCM Assess. $ +I�.�,��j $ $ 7f�o , $ is ,,Jo $ If p .� DCM- MHD CITY Total Lf Formal Assessments, Appeals and Reductions Date Long Form Submitted Date Formal CPA Submitted Final Assessment Attorney General's Office for Injunction or Formal Collection Date sent to AG Assessment Appealed: Yes No Penalty modified 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 16D � ES PTS OEA RTTF IH UBA N/A SA IDS CJ SY JR LS TY PWS: FCe SS SC SP IF BF 404 Other. Restoration Required by the Respondent Yes i;- �o Dimensions in excess of permit/ unauthorized activities Dimensions to restore Final dimensions allowed Actually restored Development Activities Habitat Description NOTES: /l�U✓ Closing 5 i j it1L k% �?D%L Payment Received $ Date Date Case Closed fw-41- ROY COOPER Gowmor Coastal Management ENVIRONMENTAL OUALITY December 7, 2017 CERTIFIED MAIL 70151520 0003 5515 4653 RETURN RECEIPT REQUESTED Ut Kim Huynh 105 Edgewater Drive Shiloh, North Carolina 27974 RE., CAMA VIOLATION #17-28A Dear Mr. Huynh: MICHAEL REGAN Semlary BRAXTON DAVIS Director This letter is in reference to the Notice of Violation dated November 16, 2017, that Lynn Mathis, Field Specialist for the Division of Coastal Management, issued to you for the unauthorized construction of pier and platform at your property located at 135 Edgewater Drivel in Camden County. The violation involved Estuarine Waters and Public Trust Waters, which is are Areas of Environmental Concern designated by the Coastal Resources Commission. 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. You subject to meeting all other state and local permitting requirements, including the Camden County Building Inspections Department. 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 $432.00 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 $432.00 made payable to the North Carolina Department of Environmental Quality (NCDEQ); 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. RECEIVED DEC 15 2017 State of Noah Carolina I Fsrironmental Quality I Coastal Management 401 S. Griffin Street I Suite 300, Elizabeth City, NC 27909 D C M - M H D CITY 252-264-3901 UtKim Huynh December 7, 2017 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 Jennings/" District Manager, Northeastern District NC Division of Coastal Management Enclosures cc: Roy Brownlow, Compliance Coordinator, DCM Lynn Mathis, Field Specialist, DCM Barbara Rhoads, Chief Building Inspector, Camden County RECEIVED DEC 15 Z017 DCM- MHD CITY CAMA VIOLATION #17.28A Ut Kim Huynh AGREEMENT TO PAY PROPOSED CIVIL ASSESSMENT I understand that the staff of the Department of Environmental Quality will propose the assessment of a civil penalty in the amount of $432.00 against me for violation of the Coastal Area Management Act, NCGS 113A- 100 et sec, committed at 135 Edgewater Drive, Shiloh, in Camden 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 November 16, 2017, and agree to pay the proposed civil assessment of $432.00. DATE SIGNATURE ADDRESS TELEPHONE NUMBER RECEIVED DEC 15 2017 DCM- MHD CITY Coastal Management ENVIRONMENTAL QUALITY NOTICE OF VIOLATION November 16, 2017 CERTIFIED MAIL 70151520 0003 5515 4639 RETURN RECEIPT REQUESTED ROY COOPER finvemor MICHAEL S. REGAN Secretory BRAXTON DAVIS Direnor !RECEIVED NOV 2 0 2017 Kim UtHuynh DCM- MHD CITY 105 Edgewater Drive Shiloh, North Carolina 27974 RE: NOTICE OF VIOLATION AND REQUEST TO CEASE UNAUTHORIZED DEVELOPMENT CAMA VIOLATION #17-28A Dear Mr. Huynh: This letter confirms that on November 14, 2017,1 was adjacent to your property located at 135 Edgewater Drive, in Camden Point Subdivision, Shiloh, North Carolina. The purpose of the visit was to investigate the unauthorized construction of a pier and platform extending into a man-made canal of off the Albemarle Sound. Information gathered for the Division of Coastal Management indicates that major development was undertaken in violation of the Coastal Area Management Act (CAMA). No person, organization or corporation may undertake Major Development in a designated Area of Environmental Concern (AEC) without first obtaining a permit from the North Carolina Department of Environmental Quality. This requirement is imposed by North Carolina General Statute (N.C.G.S.)113A-118. I have information that you did undertaken, or are legally responsible for the construction and installation of a pier and platform into a ma -made canal. This activity took place in Estuarine Waters and Public Trust Waters which are designated as Areas of Environmental Concern (AEC), and subject to the permitting requirements of the CAMA. Based on a finding that no permit was issued for the structure, I am initiating an enforcement action by issuing this Notice of Violation. I am requesting that you CEASE AND DESIST any further unauthorized development. A civil assessment plus investigative costs may be assessed against any violator, any violator. Each day that the development described in this Notice is continued or repeated may constitute a separate violation and may be subject to additional assessments. 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 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. You will be notified as to the amount of the civil assessment for undertaking development without first obtaining the proper permit. Stele of North Carolina I Enviroomentel Quality I Cosa ai Nlanegmat 401 S. GaitSn Strat I Suite 3001 Elizabeth City, NC 27909 252-264-39021252-331-2951 (fax) Kim Ut Huynh November 16, 2017 Page 2 In accordance with the North Carolina Administrative Code, Title 15A NCAC 07J .0201: "After March 1, 1978, every person wishing to undertake development in an area of environmental concern shall obtain a permit from the Department, in the case of a major development or dredge and fill permit, or from the local permit officer, in the case of a minor development permit, unless such development is exempted by the Commission". Based upon review of the Coastal Area Management Act, Coastal Resource Commission's rules, and the local jurisdiction's Land Use Plan, while you failed to obtain the required permit, the activity undertaken appears consistent with the Division's Rules and could have been authorized through the CAMA General Permit process. Therefore, restoration of the impacted area is not requested. If you have any questions about this or related matters, please do not hesitate to call me at (252) 264-3901. Sincerely, Lynn W. Mathis Field Specialist Enclosures Cc: Frank Jennings, District Manager, NCDCM Roy Brownlow, Compliance Coordinator, NCDCM Barbara Rhoads, Chief Building Inspector, Camden County File