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HomeMy WebLinkAbout05-17A HarrellRB TB��XW tMLSB TT NCDENR North Carolina Department of Environment and Natural Resources Division of Coastal Management Michael F. Easley, Governor Charles S. Jones, Director William G. Ross Jr., Secretary January 30, 2006 A Z JAN 3 1 2006 Mr. William Harrell Morehead 528 Harbour View Drive Ci `Y DCM Kill Devil Hills, NC 27948 RE: Payment of Proposed Penalty for Violations of the Coastal Area Management Act, Dare County, CAMA Violation #05-17A Dear Mr. Harrell: This letter will acknowledge receipt of your Check #7682 in the amount of $350, and dated 01/22/06. 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, Ted Sampson District Manager TS:yc ccj::Ted Tyndall, Assistant Director, DCM, Morehead City oy Brownlow, Compliance Coordinator, DCM, Morehead City Lynn Mathis, Coastal Management Rep., DCM, Elizabeth City 1367 U.S. 17 South, Elizabeth City, North Carolina 27909 Phone: 252.264-3901 1 FAX: 252-264-37231 Internet: www,nccoastalmanagement.net An Equal Opportunity 1 Affirmative Action Employer— 30% Recycled by Fiber Weight i William Harrell January 12, 2006 Page 3 of 3 CAMA VIOLATION #05-17A 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 $350.00 against me for violation of the Coastal Area Management Act, NCGS 113A-100 et sefc, committed on or near my property 528 Harbour View Drive, in Dare 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 September 20, 2005, and agree to pay the proposed civil assessment of $350.00. IA oz ATE JAN 3 0 2006 i:OASTAL�ry CgEMENT ELIZAITY SIGNATURE Ll ADDRESS . 4`/, "�ao' �1ZIAS ;?4?— YI TELEPHONE NUMBER 4 DCM ENFORCEMENT TRACKING REPORT' Field Rep. A �N/V N/'a /71 Issuer ❑ Violation Base No. A B C D LPO �ItrA MEsG/JS 71 Violated Permit No, LP1 ff applicable) . Violation Description Was activity permittable7 Yes / No ,/ Initial Discovery Date 1.+ 27 7-/f Discovery Method - D iM /t z/'7uw 4 i- A t/ Aid I d:?G - aacik2 V22 -� �T Violation Description _ n,.anc. ., a/ti r.,�r,2�. > Respondent Information Prior Violations In same AEC: Yes! No ucR.::;;;:p +.• :;;;,;:y. f, Respondent Name(s) W16t, a't llSdr1nt2t (Landowner/Agent/Contractor). Address 5z3 7�t'L�'w"K ✓lem/ 20 City I if State Alm Zip z?RYY Phone #_ aM2-- Fax # Email Violation Type: Project Type: Authorizations Required: Site Visits Respondent Site Visits Respondent' Present Present JX No Permit Private/Community Major CAMA 2-7 ® ;v � f ❑ ❑ Permit Condition ❑ Govt.IPublic ❑ Minor ❑ D&F yt/6 row ❑ ❑ ❑ Expired Permit ❑ Commercial_ ❑ General ❑ ❑ ❑ Inconsistentwl Rules Violation Location and Site Description Rover File Project Location: County n^" Shoreline Length 6 / Street Address/ State Road/ Lot #(a) S a °•� !h' nlAx & crl Lw R� • SAV: Not sure Yes to dr Sandbags: NotSure Yes •, pNA: Yes (�q Adjacent Subdivision �%� /—f ' �2 ORW; Yes (b Adjacent City Z�%:/�/� ZIP �Fa ' Crit. Hab, Yes I Phone # ( �Z-? 7 6 River Basin - (�kzoxAak— Photos OP No (^AA44� Waiver Required Yes &P Adj. Wtr. Body t`9Yf (G SLUT f7 In DWQ,Buffer Area. Yes Closest Maj. Wtr. Body _��E7! Specify DWQ Buffer If applicable: vcs. �i Restoration Es?i2ori- ^, RfTt� SeT!. a; Extension Granted Yes No NOV Date ,1-L- vJ Initial Req, Comp. Date _��n —I Ty oCti rZ, •Restoration Letter CNOV Date _ Date Camp. Observed Acceptance Date - Penalty Assessment 11 z,Z Sent to Respondent Date ct�X4 a Rcvd by DCM Date 0 t 13 aL St • - Assessment Extended Yes No 673-. Owvti lcYli j � ,? C vw� ti t. 1• wvllI; 71.0409 Ref. 1 Recomm. Assess. i DCM Assess. ;pp,/Permit Fee III_ - Penalty le -to :u-P Is /vv.w is __ i — - --� W)Ilfulllntent. �_- -- i ----- Continuing ($ Other $ i$ ---- _. r�L--------- Total Formal Assessments, Appeals and Reductions Date Long Form Submitted Assessment Appealed Yes No Date Formal CPA Submitted ❑- Penalty modified Final Assessment' $ Rate Attorney General's Office for Injunction or Formal Collection Date sent to AG. ❑ Respondent 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 / U If yes, which types: CW TA ES OEA HHF SA Cl ALS TY sc IF 4 SS SC SP IF BF 04 PWS; FC: Restoration Required by the Respondent (5 / No Dimensions In excess of permit/ unauthorized activities Dimensions to restore Final dimensions allowed Actually restored Development Acdvitles 00rnn n taco. 44AX E Z`t 2 l Q an n [Hr Habitat Descriptlon NOTES: =_��L RE/7iatfen Ale. 7,7yo � l/ci /�rlr✓de 9/4[E /�4✓E /2E-t/1r��_�i�n ifYJPD2 E S 5 //S aiyt e-C f / /M aC ([46&-" !/Lr A)&Z J AJO NP�+l7t7J �� ����x. /S /rMArAI6 �GW A.vSW�rCrN"G Closing ? Payment Received _Date._ `�a /I `e Date Case Closed //3 A Ile LSB Z.)RB TB 2 RB �f MTT NCDENR North Carolina Department of Environment and Natural Resources Division of Coastal Management Michael F. Easley, Governor Charles S. Jones, Director William G. Ross Jr., Secretary January 12, 2006 CERTIFIED MAIL RETURN RECEIPT REQUESTED William Harrell 528 Harbour View Drive Kill Devil Hills, North Carolina 27948 RE: CAMA VIOLATION #05-17A Dear Mr. Harrell: P9JAN 13 Z006 Morehead City DCM This letter is in reference to the Notice of Violation dated September 20, 2005, that Lynn Mathis, representative for the Division of Coastal Management, issued to you for constructing a platform over water in excess of 400 square feet without authorization, in Dare County. The violation involved Estuarine Waters, the Estuarine Shoreline and Public Trust Area, which are Areas of Environmental Concern designated by the Coastal Resources Commission. Based upon the site visit conducted on November 8, 2005, by Lynn Mathis, 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 $2,500 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 $350.00 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 $350.00 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. 1367 U.S. 17 South, Elizabeth City, North Carolina 27909 Phone: 252-264-3901 \ FAX: 252-264-3723 \ Internet: www.nccoastaimanagement.net An Equal Opportunity \ Affirmative Action Employer— 50% Recycled \ 10°% Post Consumer Paper William Harrell January 12, 2006 Page 2 of 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. 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, Ted Samson District Manager TS:yc Enclosures cc: Ted Tyndall, Assistant Director, DCM Roy Brownlow, Compliance Coordinator, DCM Lynn W. Mathis, Coastal Management Representative, DCM r William Harrell January 12, 2006 Page 3 of 3 CAMA VIOLATION #05.17A 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 $350.00 against me for violation of the Coastal Area Management Act, NCGS 113A-100 et sec, committed on or near my property 528 Harbour View Drive, in Dare 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 September 20, 2005, and agree to pay the proposed civil assessment of $350.00. DATE SIGNATURE ADDRESS TELEPHONE NUMBER o r•f) :C, Z N r 2 CO � T O rn Z -1 O .Woo z'0y�U ;I Ln N W mmn9_ 00 F, m 0+++ •ona3Z� E C' co ammo + @y mm= a F w ��m zy H r{ ymyom C 'i Om Zm M m N a m m � a > i of/ei�UG �/ =mho Z > V m m m.0 o N , N Z NJ T n N n m � >> 0 = D c ° a m m 3 m z 0 L✓ ru ru W W W W a 11 r IJ I �ENR environment and Natural Resources jastal Management iJones, Director William G. Ross Jr., Secretary December 12, 2005 d September 20, 2005 that Lynn Mathis, representative for constructing a platform over water in excess of 400 w Drive in Kill Devil Hills, Dare County, The violation d Public Trust Area, which are Areas of Environmental sion, Based upon the site visit conducted on.November :ars to be complete to the satisfaction of the Division of assessment of up to $2,500 may be assessed for any nission to assess a civil penalty for all violations in order and/or to compensate the public for any damage to its Sion, a proposed civil penalty in the amount of $350 is resolve this matter prior to the assessment of a formal civil 1d paying the amount proposed above. In order to do this, lgreement to Pay Civil Assessment;" (2) attach a check or olina Department of Environment and Natural Resources Id payment to this office in the enclosed, self-addressed letter. Upon deposit of your check in the Department's cially closing this enforcement action. tent to this office within ten (10) days, the Director of the less a civil penalty against you. You will then have the request remission of the penalty, 1367 U.S. 17 South, Elizabeth City, North Carolina 27909 Phone: 252-264-3901 1 FAX: 252-264-37231 Internet: www.nccoastalmanagernent.net An Equal Opportunity 1 Affirmative Action Employer— 50% Recycled 110% Post Consumer Paper INWA e NCDENR North Carolina Department of Environment and Natural Division of Coastal Management Michael F. Easley, Govemor Charles S. Jones, Director CERTIFIED MAIL RETURN RECEIPT REQUESTED Mr. William Harrell 528 Harbour View Drive Kill Devil Hills, NC 27948 RE: CAMA VIOLATION #05-17A Dear Mr. Harrell: Ni Resources William G. Ross Jr., Secretary December 12, 2005 ,6—LSB & _. TB RRBBB -MTT This letter is in reference to the Notice of Violation dated September 20, 2005 that Lynn Mathis, representative for the Division of Coastal Management, issued to you for constructing a platform over water in excess of 400 square feet without authorization, at 528 Harbour View Drive in Kill Devil Hills, Dare County. The violation involved Estuarine Waters, the Estuarine Shoreline and Public Trust Area, which are Areas of Environmental Concern designated by the Coastal Resources Commission. Based upon the site visit conducted on -November 8, 2005 by Lynn Mathis, 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 $2,500 may be assessed for any violation. It is the policy of the Coastal Resources Commission to assess a civil penaltyfor 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 $350 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 $350 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. 1367 U.S.17 South, Elizabeth City, North Carolina 27909 Phone: 252-264-39011 FAX: 252-264-37231 Internet: www.nccoastalmanagement.net An Equal Opportunity 1 Affirmative Action Employer— 50% Recycled 110% Post Consumer Paper Mr. William Harrell December 12, 2005 Page 2 of i 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, rTed Sampson District Manager Northeast District TS/yc Enclosure: Agreement to Pay Proposed Civil Assessment 1 cc: Ted7yn—c all, ssi� sFanfDirec or, NU Division ot CoastalManagement ore ea -Cify—-- Roy Brownlow, Compliance Coordinator, DCM, Morehead City Lynn Mathis, Coastal Management Representative, DCM, Elizabeth City Note for file: First assessment letter to William Harrell was issued on November 10, 2005, United States Postal Service returned first letter to the Elizabeth City DCM office, received December 5, 2005; envelope was marked as'other—unclaimed'. Mr. William Harrell December 12, 2005 Page 3 of 3 CAMA VIOLATION #05.17A 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 $350 against me for violation of the Coastal Area Management Act, NCGS 113A-100 et seMc , committed on or near my property at 528 Harbour View Drive in Kill Devil Hills, Dare 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 Ietterdated September 20, 2005, and agree to pay the proposed civil assessment of $350. •. DATE SIGNATURE ADDRESS TELEPHONE NUMBER e NCDENR North Carolina Department of Environment and Natural Resources Division of Coastal Management Michael F. Easley, Governor Charles S. Jones, Director William G. Ross Jr., Secretary November 10, 2005 CERTIFIED MAIL ,,�: ,.- RETURN RECEIPT REQUESTED y A LSB ORB William Harrell TB tiRB 528 Harbour View Drive MTT Kill Devil Hills, NC 27948 RE: CAMA VIOLATION #05-17A Dear Mr. Harrell: This letter is in reference to the Notice of Violation dated September 20, 2005, that Ms. Lynn Mathis, representative for the Division of Coastal Management, issued to you for constructing a platform over water in excess of 400 square feet without authorization, at 528 Harbour View Drive, in Dare County. The violation involved Estuarine Waters, the Estuarine Shoreline, and Public Trust Area, which are Areas of Environmental Concern designated by the Coastal Resources Commission. Based upon the site visit conducted on November 8, 2005, by Ms. Lynn Mathis, 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 $2,500 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 $350.00 is appropriate for this violation. You may expeditiously resolve this matter priorto the assessment of a formal civil penalty by accepting responsibility for the violation and paying the amount proposed above. In orderto 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 $350.00 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. 1367 U.S.17 South, Elizabeth City, North Carolina 27909 Phone: 252-264-3901 \ FAX: 252-264-3723 \ Internet: www.nccoastalmanagement.net An Equal Opportunity \ Affirmative Action Employer - 50% Recycled \ 10% Post Consumer Paper William Harrell November 10, 2005 Page 2 of 3 r 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. 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, Ted Samps� District Manager Northeast District TS/yc Enclosure: Agreement to Pay Proposed Civil Assessment ccj[� Ted Tyndall, Assistant Director, NC Division of Coastal Management (DCM), Morehead City Roy Brownlow, Compliance Coordinator, DCM, Morehead City Lynn Mathis, Coastal Management Representative, DCM, Elizabeth City William Harrell November 10, 2005 Page 3 of 3 CAMA VIOLATION #05.17A 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 $350.00 against me for violation of the Coastal Area Management Act, NCGS 113A-100 et seg, committed on or near my property 528 Harbour View Drive, in Dare 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 September 20, 2005, and agree to pay the proposed civil assessment of $350.00. DATE SIGNATURE ADDRESS TELEPHONE NUMBER R DCM ENFORCEMENT TRACKING REPORT // Issuer &S-- 174 Fleld Rep. kA'M M4 nt ❑ Violation Base No. B C D LPD zid& dttLg ❑ Violated Permit No. i m Rapyaae . Violation Description Was activity permits..... .... ..,, Initial Discovery Date .l --�y�Tff Discovery Method M4,r� AY a[0. 0045?yL Violation Description Respondent Information Prior Violation same Yell NO Vase rvprnuer,.�;;csr.�;;,lyr. e. Respondent Neme(s) WfAwrt,vt 1616 u t --(Lendcwner/AgznVCentrattor), 20 city Soto cat. K� ZIP -79Y#' Y Address 611 .dv}rta°o«' ,,✓sE —JSv1-ram— Phone - �q_ ®pef[ Fax# Email A,,,uthorizations Required: Sit.Vblts Respondent 51MVIao Ressp Snedsent VI.I.d.. Type: IN No Permit ,YPPrg.Ctlype: PrivatelCommunity Major CAMA r _'2`7 ® ❑ . ❑ Permle Condilian ❑ GMJPuhlic Minor ❑ D&F M2 ve7r+ El❑ ❑ Explmd Pormit ❑ C.mmardal ❑ General ❑ ❑ ❑ Inconsistent wlRules Violation Location and Site Descriptian Pr.Ject Location: County 04X-e- Sweet Address/ State Road/ Let #(s) Sao lfsMetx`^ d" RG. Subdlvislon 410 z79 to city ✓nrF ZIP_ Phone# (�, a e t"'7+F6 River Basin /�� Adj. Wm.Body (.drama/ Closest Mal. Wtr. Body XiyAe%xs4sd-w $i Rover Flle .. Sharallne Length 5/r SAV: Norsure Yes 6D Sandbags: NotSure Yes PNA: Yea C9 Adpnn ORW: Yes (59 Adi¢mt Crlt• Hab. Yo IV Photos rZV No Waiver Required Ye 8P . In DWO Buffer Area. Ya do Specify OWO Buffer If applicable: �/, Restoration d,! y5aIAe .o ��cs•/�l7t EQRW ^"' NOV Data '� Initial Req, Camp. Datajay CNOV Date _ Data Camp. Observed 7J.0409 Rol. Penalty Assessment 5 JPermit Fee .tg� Sent to Respondent Date p.1 Penalty �[rp,tvD Rcvdby OCMDate Wllilulllntent. Assessment Extended Yes No —T-- Continuing _ G7 �• a 40 �I C•rXrJC9)CVJ � � Oeher L I Total $ r.o. w Is No DCM Assess. r. Formal Assessments, Appeals and Reductlans Date Long Form Submitted Assessment Appealed Yes No Date Famlal CPA Submitted ❑ Penalty madiDed Final Assessment S note Attorney General's Office for Irijunction or Formal Collection Date sent to AD, ❑ Respondent not responsive to penaltylNOV ❑ INuncdontocompleterestarauan Data Collection Let. Sent Date Demand Let. Sant Violation Activities and Impacts � AECs Affected: Wetlands Impacted? Yea / V. If yea, which types: CW h' (rin/ ES �P SA DSCl SY • IR Ls TY, OEA HHF SS SC sP IF BF 404 PWS FC: Restoration Required by the Respondent I No Dimensions in excess of ermldumuNonsedscavldes Dimensions to re wro Final dimenslons allowed AcmeOy, re Development Acdvlum ' enRrx. MAXr dNl Hablut Descripdan NOTES: Q& 4EKNea Ar./7/7 .J ,(/nr 4x-!r✓daA6 tic- I-w✓er Rr--I/bcy7&e, /Mrj,e.ss ix an2ELT • / /mvc ,#kzd-J a&Af&z yg.uo _��_1MI45LhKL�� L) ew /VLL'% � JLy6 Closing Payment Received S._ Dale —_ Date Case Closed ' r LSB 9&-AB —>(—TB RB NCDENR North Carolina Department of Environment and Natural Resources Division of Coastal Management Michael F. Easley, Governor Charles S. Jones, Director William G. Ross Jr., Secretary NOTICE OF VIOLATION September 20, 2005 CERTIFIED MAIL RETURN RECEIPT REQUESTED William Harrell 528 Harbour View Drive Kill Devil Hills, North Carolina 27948 RE: NOTICE OF VIOLATION AND REQUEST TO CEASE UNAUTHORIZED DEVELOPMENT CAMA VIOLATION #05-17A Dear Mr. Harrell: This letter confirms that on June 27, 2005, 1 was onsite adjacent to your property at 528 Harbour View Drive, Colington Harbour Subdivision, in Dare County, North Carolina. During that visit I noticed an unauthorized platform over the water extending from your property in Colington Harbour. The platform behind your dwelling exceeds 400 square feet in area. While our records show that a permit was issued to you on March 31, 2004, that authorization was for a replacement bulkhead and the installation of eight mooring pilings. My investigation has confirmed that no permit was issued for a platform. 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. North Carolina General Statute (N.C.G.S.) 113A-1 18 imposes this requirement. I have information that indicates you have undertaken or are legally responsible for the development described above, on the aforementioned property. This activity took place in Estuarine Waters, Estuarine Shoreline and Public Trust Area, which are Areas of Environmental Concern (AEC). No permit was issued to you for work in these areas. Based on this finding, I am initiating an enforcement action by issuing a Notice of Violation for violation of the Coastal Area Management Act. I request that you immediately CEASE AND DESIST any further unauthorized activities within designated Areas of Environmental Concern. A civil assessment of up to $2,500 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 up to $2,500. An injunction or criminal penalty may also be sought to enforce any violation (N.C.G.S. 11 3A-1 26). 1367 U.S.17 South, Elizabeth City, North Carolina 27909 Phone: 252-264-3901 \ FAX: 252-264-3723 \ Internet: www.nccoastalmanagement.net An Equal Opportunity \ Affirmative Action Employer— 50% Recycled \ 10% Post Consumer Paper William Harrell September 20, 2005 Page 2 of 4 It is the policy of the Coastal Resources Commission to levy a minimum civil assessment of $350.00 not to exceed $2,500 against all violations. This is done to recoup some of the costs of investigating violations and/or to compensate the public for any damage to its natural resources. Whether a higher amount will be assessed depends on several factors, including the nature and area of the resources that were affected and the extent of the damage to them. Based upon the North Carolina Administrative Code, Title 15A, Subchapter 07H. State Guidelines for Areas of Environmental Concern, the activity you have undertaken, construction of a 495 square foot platform waterward of normal water is not consistent with Section 07H .0208(b)(6)(D). 'The combined area of all "T"s, finger piers, platforms, and decks must not exceed a combined total area of four square feet per linear foot of shoreline. Projects requiring dimensions greater than those stated in this Rule shall be permitted only if the greater dimensions are necessary for safe use, or to support a water dependent use that cannot otherwise occur." Based on the Division's rule I am requesting that the platform be reduced to a size, not to exceed 244 square feet over the water. Please refer to the enclosed Restoration Agreement. If you intend to cooperate with my request, please sign one of the attached Restoration Agreements and return it to me in the enclosed, self-addressed envelope within ten (10) days of receipt of this letter. Failure to comply with this request or respond back to this office prior to the requested deadline with an acceptable schedule for compliance will be interpreted as a refusal to cooperate and will result in a Notice of Continuing Violation, as well as a court injunction being sought ordering compliance. 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 (252) 264-3901. Upon completion of the restoration as requested in the Restoration Plan Agreement to the satisfaction of the Division of Coastal Management, you will be notified as to the amount of the civil assessment for undertaking development that is inconsistent with Coastal Resources Commission rules. Sincerely, Lynn W. Mathis Coastal Management Representative Cc: Ted Tyndall, Assistant Director, DCM Ted Sampson, District Manager, DCM Roy Brownlow, Compliance Coordinator, DCM Raleigh Bland, USACOE ENCLOSURE f t William Harrell September 20, 2005 Page 3 of 4 RESTORATION PLAN For William Harrell CAMA Violation No. 05-17A Property located at 528 Harbour View Drive Colington Harbour Subdivision, Dare County area to be reduced to a t of 244 square feet. t may remain landward of head. I, William Harrell, agree to reduce the size of the 495sf platform in the canal adjacent to my dwelling. The finished platform will not exceed 244 square feet in area, in compliance with General Permit NCAC 07H .1200. I agree to complete this restoration to the satisfaction of the Division of Coastal Management (DCM) by October 20, 2005, or provide in writing an explanation for non-compliance and a reasonable request for time extension. When corrective actions are complete, I will notify the DCM so the work can be inspected. SIGNATURE: 117:1N It is the policy of the Coastal Resources Commission to levy a minimum civil assessment of $350.00 and higher against all violations of this type depending upon the damage to the resources. If restoration is not undertaken or satisfactorily completed, a substantially higher civil assessment will be levied and an injunction sought to require restoration. C t William Harrell y September 20, 2005 Page 4 of 4 RESTORATION PLAN For William Harrell CAMA Violation No. 05-17A Property located at 528 Harbour View Drive Colington Harbour Subdivision, Dare County area to he reduced to a 1 of 244 square feet. t may remain landward of head. I, William Harrell, agree to reduce the size of the 495sf platform in the canal adjacent to my dwelling. The finished platform will not exceed 244 square feet in area, in compliance with General Permit NCAC 07H .1200. I agree to complete this restoration to the satisfaction of the Division of Coastal Management (DCM) by October 20, 2005, or provide in writing an explanation for non-compliance and a reasonable request for time extension. When corrective actions are complete, I will notify the DCM so the work can be inspected. SIGNATURE: DATE: It is the policy of the Coastal Resources Commission to levy a minimum civil assessment of $'350.00 and higher against all violations of this type depending upon the damage to the resources. If restoration is not undertaken or satisfactorily completed, a substantially higher civil assessment will be levied and an injunction sought to require restoration. -� n © • - . • ��:: 0. NCDENR �� U7,tRe I A L U E ent of Environment and Natural Resources Postage s ✓ n of Coastal Management d@led Fee ./lades S. Jones, Director William G. Ross Jr., Secretary elept Fee Required) '� Postmark Here7 tmN Fas qRequlratl) IOTICE OF VIOLATION July 15, 2005ifOe �(S &Fees S r (0S .. r � enr To 0, aM.......... .. orPOE'oxNa .i Kill Devil Hills, North Carolina 27948 RE: NOTICE OF VIOLATION AND REQUEST TO CEASE UNAUTHORIZED DEVELOPMENT. CAMA VIOLATION #05.17A Dear Mr. Harrell: This letter [VISION OF COASTAL MANAG 367 US 17 SOUTH LIZASETH CITY, NC 27909 .HONE (252) 264-3901 nr,. .::.._. 7004 07513001 7237 173 William Harrell 528 Harbour View Drive )(ill Devil Hills+ NC A p A TEMPTED NOT "OWN ❑ OWE OC OT DELIVERABLE AS ASTIDDRESSED B •U14ABLETOFORWARD a e. F TMj rRE IIRN.TO.SENDEP�' assessed against any violator: m Utls notice is continued or repeated may constitute a separate ,wrauun marts subject to an additional assessment of up to $2,500. An injunction or criminal penalty may also be sought to enforce any violation (N.C,G.S, 11 3A-1 26). 1367 U.S.17 South, Elizabeth City, North Carolina 27909 Phone: 252-264-3901 1 FAX: 252-264-37231 Internet: www.nccoastalmanagement.net An Equal Opportunity \ Affirmative Action Employer— 50% Recycled \ 10% Post Consumer Paper v DCM ENFORCEMENT TRACKING REPORT Issuer s- _ /,217 Field Rep. �'//trX A140t G Violation Base No. A B C D LPO 114A S Violated Permit No. LPi (if appliable) Violation Description Was activity permittable7 Yes / No Initial Discovery Date Jt,,. 27 T/P Discovery Method /A4 /t `7c4,/ A - /o ✓ f Violation Description _ _ , �., �( a ,. Respondent Information Prior Violations in same es I NO _... . wGGs!4't t liSBr�lZ�Z� (Landowner/Agent/Contractor). Respondent Name(s) Address Sae ll,/M r' L LI &W /ZD City —1%Lf -- State At e- Zip 2 7 R rfb Phone # a� ' YY9 - m? Ll6 Fax # Email Violation Type: Project Type: Authorizations Required: site Visits Respondent Site Visits Respondent' Present Permit PrivatelCammunity Major CAMA Present 2 �1tr ® ❑ . ILLSJNo ❑ Permit Condition ❑ Gavt./Public ❑Minor ❑ D&F io.w ❑ ❑ ❑ Expired Permit ❑ Commercial ❑ General ❑ ❑ inconsistent wlRules Violation Location and Site Description Rover File Project Location: County nxz Shoreline Length 61, Street Address/ State Road/ Lot #(s) 3 a8 144n1&VfZ Ell LW RO • SAV: Not Sure Yes Sandbags: Not Sure Yes PNA: Yes (�q Adjacent Subdivision 40 NL6-7 --� 2 ORW: Yes PoU5 Adjacent City a4/� ZIP zr7`' Ya Crit. Hab. Yes 10 Phone# (2L74 i 87 River Basin_ uv 7d� Photos d5p No Waiver Required Yet 0 Adj. Wtr. Body �R1 AiLA� (na_ SLUr>� In DWQ Buffer Area. Yes 69 Buffer If applicable:— Closest Maj. Wtr. Body Specify Specify DWQ , _ ocs. ems• Restoration �t(Gj�• ��/�' Ei'1RoYt- ^(l�C$t Scp%. Z; Z�-*�S Extension Granted Yes No JLtg vs Initial Re Comp.Date G NOV Date —7 �y q' 2m't 7W Cxj Restoration Letter CNOV Date ._ _ Date Camp. Observed __—.-- Acceptance Date Penalty Assessment Sent to Respondent Date Rcvd by DCM Date -- Assessment Extended Yes No (;77,T. o Kv ti 71.0409 Ref. i Recomm. Assess, ( DCM Assess. App./Permit Fe e i s — Penalty is i cw • r, i s Willful/Intent. js s Continuing $ Other i $ _-- — I $ --- :i - Total i avo.CIV 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: CW OEA HHF PWS: Other: Restoration Required by the Respondent (5 / No Wetlands Impacted? Yes / PTS SA DS' C1 SY • JR SS Sc SP IF BF TA ES FC;_ If yes, which types: LS TY. 404 Dimensions In excess of permit/ unauthorized activities Dimensions to restore Final dimensions allowed Actually restored Development Activities t♦�. 44 c z t IF h5 2 t Otg t,E Habitat Description NOTES: _.e'"3L Rtj�ite feo 1k../7,zcws^ d/off /�rle���,�,cE l7f'F✓E /2t—f/1re,Fisn ss 4!r Gze--6e , / /A�tt/c 6*1&n r/Lt� 1,,UO IvInFi b7) afi� 774ra T / S Cwit s At 4 (eW ANStuGz2 r A/ G Closing Payment Received S___..__—_—_. _Date_ _—_ Date Case Closed A X North NCDENR Carolina Department of Environment and Natural Resources Division of Coastal Management Michael F. Easley, Governor Charles S. Jones, Director NOTICE OF VIOLATION July 15, 2005 CERTIFIED MAIL RETURN RECEIPT REQUESTED William Harrell 528 Harbour View Drive Kill Devil Hills, North Carolina 27948 William G. Ross Jr., Secretary d0. �Os V RE: NOTICE OF VIOLATION AND REQUEST TO CEASE UNAUTHORIZED DEVELOPMENT CAMA VIOLATION #05.17A Dear Mr. Harrell: This letter confirms that on June 27, 2005, 1 was onsite adjacent to your property at 528 Harbour View Drive, Colington Harbour Subdivision, in Dare County, North Carolina. During that visit I noticed an unauthorized platform over the water extending from your property in Colington Harbour. The platform behind your dwelling exceeds 400 square feet in area. While our records show that a permit was issued to you on March 31, 2004, that authorization was for a replacement bulkhead and the installation of eight mooring pilings. My investigation has confirmed that no permit was issued for a platform. 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. North Carolina General Statute (N.C.G.S.) 11 3A-1 18 imposes this requirement. I have information that indicates you have undertaken or are legally responsible for the development described above, on the aforementioned property. This activity took place in Estuarine Waters, Estuarine Shoreline and Public Trust Area, which are Areas of Environmental Concern (AEC). No permit was issued to you for work in these areas. Based on this finding, I am initiating an enforcement action by issuing a Notice of Violation for violation of the Coastal Area Management Act. I request that you immediately CEASE AND DESIST any further unauthorized activities within designated Areas of Environmental Concern. A civil assessment of up to $2,500 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 up to $2,500. An injunction or criminal penalty may also be sought to enforce any violation (N.C.G.S.113A-126). 1367 U.S.17 South, Elizabeth City, North Carolina 27909 Phone: 252-264-3901 \ FAX: 252-264-3723 \ Internet: www.nccoastalmanagement.net An Equal Opportunity \ Affirmative Action Employer— 50% Recycled \ 10% Post Consumer Paper William Harrell �+ - July 15, 2005 Page 2 of 4 It is the policy of the Coastal Resources Commission to levy a minimum civil assessment of $350.00 not to exceed $2,500 against all violations. This is done to recoup some of the costs of investigating violations and/or to compensate the public for any damage to its natural resources. Whether a higher amount will be assessed depends on several factors, including the nature and area of the resources that were affected and the extent of the damage to them. Based upon the North Carolina Administrative Code, Title 15A, Subchapter 07H. State Guidelines for Areas of Environmental Concern, the activity you have undertaken, construction of a 495 square foot platform waterward of normal water is not consistent with Section 07H .0208(b)(6)(D). "The combined area of all "T"s, finger piers, platforms, and decks must not exceed a combined total area of four square feet per linear foot of shoreline. Projects requiring dimensions greater than those stated in this Rule shall be permitted only if the greater dimensions are necessary for safe use, or to support a water dependent use that cannot otherwise occur." Based on the Division's rule I am requesting that the platform be reduced to a size, not to exceed 244 square feet over the water. Please refer to the enclosed Restoration Agreement. If you intend to cooperate with my request, please sign one of the attached Restoration Agreements and return it to me in the enclosed, self-addressed envelope within ten (10) days of receipt of this letter. Failure to comply with this request or respond back to this office prior to the requested deadline with an acceptable schedule for compliance will be interpreted as a refusal to cooperate and will result in a Notice of Continuing Violation, as well as a court injunction being sought ordering compliance. The relevant statutes and regulations are available complying with the requirements of these laws. A determine whether this REQUEST TO CEASE AND contact me immediately. from this office, and I am willing to assist you in site inspection will be made in the near future to DESIST has been complied with. I request that you 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 (252) 264-3901. Upon completion of the restoration as requested in the Restoration Plan Agreement to the satisfaction of the Division of Coastal Management, you will be notified as to the amount of the civil assessment for undertaking development that is inconsistent with Coastal Resources Commission rules. Sincerely, Lynn W. Mathis Coastal Management Representative Cc: Ted Tyndall, Assistant Director, DCM Ted Sampson, District Manager, DCM Roy Brownlow, Compliance Coordinator, DCM Raleigh Bland, USACOE ENCLOSURE -'i William Harrell July 15, 2005 Page 4 of 4 RESTORATION PLAN For William Harrell CAMA Violation No. 05-17A Property located at 528 Harbour View Drive Colington Harbour Subdivision, Dare County area to be reduced to a i of 244 square feet. t may remain landward of head_ I, William Harrell, agree to reduce the size of the 495sf platform in the canal adjacent to my dwelling. The finished platform will not exceed 244 square feet in area, in compliance with General Permit NCAC 07H .1200. I agree to complete this restoration to the satisfaction of the Division of Coastal Management (DCM) by August 10, 2005, or provide in writing an explanation for non-compliance and a reasonable request for time extension. When corrective actions are complete, I will notify the DCM so the work can be inspected. SIGNATURE: DATE: I violations of this type depending upon the damage to the resources. If restoration is not undertaken or satisfactorily completed, a substantially higher civil assessment will be levied and an injunction sought to require restoration. 1 DCM ENFORCEMENT TRACKING REPORT Issuer Field Rep. L, , au M A j Lh- ' y9 Violation Base No. b6 `Imo. A B C D LPO r Violated Permit No. LPl (if applicable) Violation Description Was activity permittable? Yes / Initial Discovery Date ��t.tu__.271-,. Discovery Method .-.-..jNS�Er.. au .-ilAl!1.✓1 t+G Violation Description_— • ..............--- --- ..----- -.---------- --- - lia-a .....- .(. 4NLLr✓d....___�E✓/_ f/.'Ft....,12w._...._........-.....-. Respondent Information Prior Violations in same AEC: Yes / No Case;Number r",+ ":01 RespondentName(s) (L do /Agent/Contractor) Address. .541$L.u_------ -fJ2.... ... City .......KD-ff-- State -We— Zip-,e-1--A-qfB— Phone#_ ... _.......... __ ,... ..... _.- ...... _ Fax # - - ........... _..........._... mail..-....._.. ._..._.. ...... ...... ...... --- -------- ........... . _....:... .,..._.._._- - Violation Type: Project Type: Authorizations Required: Site Visits Respondent Site Visits Respondent - ''// Present Present q1(' No Permit k PrivatelCommumty Major (( CAMA Permit Condition V Govt./Public Minor __ D&F Expired Permit _' Commercial JGeneral — ----- Inconsistent wl Rules .............. Violation Location and Site Description Rover File __ __. _.... Project Location: County_ Shoreline Length Street Address/ State Road/ Lot #(s) S .(j1 s5 �C n/l SAM Not Sure Yes Sandbags: Not Sure Yes ( -�r - Subdivision ly}y!/�j ................PNA: Yes Adjacent..._.. ORW: Yes Adjacent City. _...,.. ZIP , 2Z1-J'`6!l - -���-- Crit. Hab. Yes dV'D Phone # (__) ____ River -Basin i�195Q�owtNL Photos er No Adj. Wtr.Body 6PVV 4L (nat ./unkn).._. Waiver Required Yes Lo Closest Ma'. Wtr. Bod In DWQ Buffer Area Yes Restoration NOV Date .. ?! ff 6 • to Extension Granted Yes No dt,� lj�t _ - f Initial Req. Comp. Date _.___._�zws� Restoration Letter CNOV Date -_ ...._- .. Date Comp. Observed ...................... Acceptance Date _..._ Penalty Assessment 71.0409 Ref. Recomm. Assess. DCM Assess. pp.IPermit Fee $ co $ Sent to Respondent Date A ..-. /�• Rcvd. by Dist. Mgr. Date Penallty $ too-ao $ _ — oo Assessment Extended Yes No Willful/Intent$ $ Continuing $ $ Eu �t c✓7LL 1 Other .., $ $ i97SOH��( (+00)(6)(0 Total 15-NOV-05 NC DIVISION OF COASTAL MANAGEMENT ENFORCEMENT RECORD — 1 CASE NUMBER LAST NAME FIRST NAME BUSINESS NAME: 717A 1HARRELL WILLIAM (-j CASE IS CLOSED { Previous Violations in Same AEC for Similar Activities NOV DATE CLOSURE DATE Elapsed Days AFFLILIATION SECTOR 7/7512005 t23 1PROPERTY OWNER 1PRIVATE MAILING ADDRESS CITY STATE ZIP CODE PHONE NUMBER 528 HARBOUR VIEW DR KILL DEVIL HILL NC FN-8- I PROPERTY ADDRESS COMMUNITY WATERBODY NEAREST ROAD 528 HARBOUR VIEW DR KILL DEVIL HILLS ICOLINGTON HARBOUR I DISTRICT OFFICE COUNTY DCM REPRESENTATIVE LPO CONTACT ECDO DARE 1L. MATHIS I VIOLATION TYPE LI CW n EW J[ PTA JI ES I I PTS MAJOR CAMA [ _I OEA ❑ HHFA I I IHA [_ I PWS ❑ NCRA NATURE OF VIOLATION AEC DESCRIPTION Unauthorized major development by constructing a dock platform exceeding 400 square feet in area PTA, ES AECs in Colington Harbour. ORATION STATUS RESTORATION REQUEST DATE COMPLETION DATE [� 8/1012005 11/8/2005 ❑ RESTORATION NOT REQUIRED -CONTRACTOR - RESTORATION EXTENDED RESTORE DATE DEADLINE ❑ RESTORATION NOT REQUIRED - PERMITTABLE DEVELOPMENT EXTENDED ❑ RESTORATION NOT REQUIRED - FURTHER IMPACTS ❑ REFERRED TO AG'S OFFICE - INJUNCTION INJUNCTION DATE: r— ❑ RESTORATION PENDING ❑ REFERRED TO AG'S OFFICE - COLLECTION COLLECTION REQUEST DATE: r— ASSESSMENT DATE PENALTY AMOUNT COLLECTION DATE AMOUNT COLLECTED 11/10/2005 $350 I I © PENALTY ISSUED ❑ WILLFUL 8 INTENTIONAL PENALTY MIN. OR DOUBLED) ❑ PENALTY NOT ISSUED CNOV ISSUED CNOV DATE ❑ CONRACTOR'S FIRST OFFENSE PENALTY APPEALED APPEAL DATE FORMAL CPA ISSUED F—FORMAL CPA DATE ❑ SETTLED. AGREED UPON. STIPULATED PENALTY F _SETTLEMENT DATE i...[UNCOLLECTIBLE PENALTY F—UNCOLLECTIBLE DETERMINATION DATE Violations Involving Adversely Impacted Resources AMOUNT OF ADVERSELY DISTURBED AREA (SO. FT.) I AMOUNT OF RESTORED AREA (SQ. FT) NOTES 31-Jan-06 NC DIVISION OF COASTAL MANAGEMENT ENFORCEMENT RECORD TAT!!u CASE NUMBER LAST NAME FIRST NAME BUSINESS NAME: O 05-17A HARRELL WILLIAM O CASE IS CLOSED Previous Violations in Same ❑ AEC for Similar Activities NOV DATE CLOSURE DATE Elapsed Days AFFLILIATION SECTOR 7115/2005 11020= r ?UU PROPERTY OWNER 1PRIVATE MAILING ADDRESS CITY STATE ZIP CODE PHONE NUMBER 528 HARBOUR VIEW DR KILL DEVIL HILL NC 27948- 1 PROPERTY ADDRESS COMMUNITY WATERBODY NEAREST ROAD 528 HARBOUR VIEW DR IKILL DEVIL HILLS COLINGTON HARBOUR F DISTRICT OFFICE COUNTY DCM REPRESENTATIVE LPO CONTACT ECDO IDARE 1L. MATHIS I VIOLATION TYPE MAJOR CAMA NATURE OF VIOLATION AFffCTEDAEC(S) ❑ CW © EW © PTA [11 ES ❑ PTS AEC DESCRIPTION ❑ OEA ❑ HHFA ❑ IHA ❑ PWS ❑ NCRA iauthorized major development by constructing a dock platform exceeding 400 square feet in area within the EVV, A, ES AECs in Colington Harbour. RESTORATION STA`IUS:.- - RESTORATION REQUEST DATE COMPLETION DATE 8/10/2005 11/8/2005 ❑ RESTORATION NOT REQUIRED - CONTRACTOR RESTORATION EXTENDED RESTORE DATE ❑ DEADLINE RESTORATION NOT REQUIRED - PERMITTABLE DEVELOPMENT EXTENDED RESTORATION NOT REQUIRED - FURTHER IMPACTS ❑ REFERRED TO AG'S OFFICE - INJUNCTION INJUNCTION REFER DATE: I El RESTORATION PENDING ❑ REFERRED TO AG'S OFFICE - COLLECTION COLLECTION REQUEST DATE: I ASSESSMENT DATE PENALTY AMOUNT COLLECTION DATE AMOUNT COLLECTED PENALTY STATUS 1 11l10(2005 1 $350 1 1/30/2006 $350 © PENALTY ISSUED ❑ WILLFUL R INTENTIONAL PENALTY (MIN. OR DOUBLED) ❑ PENALTY NOT ISSUED ❑ CNOV ISSUED CNOV DATE ❑ CONRACTOR'S FIRST OFFENSE ❑ PENALTY APPEALED APPEAL DATE ❑ FORMAL CPA ISSUED F-FORMAL CPA DATE ❑ SETTLED. AGREED UPON. STIPULATED PENALTY I SETTLEMENT DATE ❑ UNCOLLECTIBLE PENALTY r-UNCOLLECTIBLE DETERMINATION DATE Violations Involving Adversely Impacted Resources AMOUNT OF ADVERSELY DISTURBED AREA (SO. FT.) AMOUNT OF RESTORED AREA (SQ. FT) NOTES notice of assessment sent