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Home My WebLink About05-21A SessomsF Whitt SessOms, III August 8,2005 AUGi 3 2 -uo Page 3 of 3 CAMA VIOLATION #05-21A AGREEMENT TO PAY PROPOSED CIVIL ASSESSMENT - t 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 sec, committed on or near my property located in Grandy on US 158 between the Hardee's Restaurant and SR 1131 Poplar Branch Road and adjacent to a man-made canal in Currituck 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 13, 2005, and agree to pay the proposed civil assessment of $350, /4 . DATE SIGNATURE ADDRESS TFI FPHr1NF NI IMRFR AMP__ 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 August 18, 2005 PS9113 Za AUG 2 2 2GU� Mr. Whitt Sessoms, III Morehead City L)CM 109 43rd Street Virginia Beach, VA 23451 RE: Payment of Proposed Penalty for Violations of tl:e Coastal Area Management Act, Currituck County, CAMA Violation #05-21A Dear Mr. Sessoms: This letter will acknowledge receipt of your Check #1009 in the amount of $350, and dated 08/16/05. 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, 252-264-3901. Sincerely, 0�� - ed Sampson District Manager TS/yc cc: rTed Tyndall, Assistant Director, DCM, Morehead City (—Roy Brownlow, Compliance Coordinator, Morehead City Frank Jennings, Coastal Management Representative, Elizabeth City 1367 U.S. 17 South, Elizabeth City, North Carolina 27909 Phone: 252-264.39011 FAX: 252-264-37231Internet: www.nccoastalmanagement.net An Equal Opportunity 1 Affirmative Action Employer — 30% Recycled by Fiber Weight DCM ENFORCEMENT TRACKING REPORT --``— Issuer d S _ ,2 Field Rep. e ^ Q Violation Base No. A B C D LPO Violated Permit No. LPJ (a applicable) Violation Description Was activity permittable? es No Initial Discovery Date o 171 ° f JoS Discovery Method Violat p!t Description Respondent Information Prior Violations in same AEC: Yes I No Case,Number g01 Respondent Name(s) Wj� a S Q S S r, wa S (Landowner/Agent/Ccnt-actor) Address /6� �3Cee" ��, -- City �a` �°'� State dA Zip 23 t( sr. Phone # ! S 7- X Z A - l9' O-J-- Fax # Email Violation Type: Project Type: Authorizations Required: Site Visits Respondent Site Visits Respondent �No PermitPrivatelCommunity &Major Present ❑ CAMA 7, , / / ❑ tJ L Present El Permit Condition ❑ GovtJPubIIc ❑ Minor ElD&F —/ ❑ ❑ ❑ Expired Permit ❑ Commercial ❑ General ❑ ❑ ❑ Inconsistent wl Rules Violation Location and Site Rover File -Dieesc/riiption 1 � Protect Location: County C�LL�n�^'�'` Shorell Length Street Address/ State Road/ Lot #(s) V-'+C M' w4 4-0-r- /� SA Not sure Yes No f}p�iQess - ('tee-iweery �°dee's 8tllJuZA-+a ndbags: Not Sure Yes No p_ rr,, 7 fJ A-l7 NA: Yes No Adjacent 5 Yes No Adjacent City ZIP � Phone # (_ ).—_ River Basin_ Crit. Hab. Crit Photos Yes Yes No No WaiverRequired Yes No Adj. Wtr. Body y _ In DWO Buffer Area Yg Closest Maj. Wtr. Bodes Specify DWQ Buffer if applicable: — Restoration Extension Granted Yes No NOV Date '7 / 3 �0- I Initial Req. Comp. Date "d 01 CNOV Date _ Date Comp. Observed - ' e-!:1 i 71.0409 Ref. Penalty Assessment Sent to Respondent Date 0 App./Permit Fee ; `$ L---- i Penalty F 6 $ Rcvd by DCM Date--- $ Willfullintent. Assessment Extended Yes No -- -J-- 1 Continuing is r Other ------------— I $ i Total boon Letter ance Date mwr-Aisess. 1 DCM Assess. 2 S"D `= $ Is Jr 1 Formal Assessments, Appeals and Reductions Date Long Form Submitted Date Formal CPA Submitted Final Assessment Attorney General's Office for Injunction or Formal Collection Assessment Appealed Yes No ❑ Penalty modified 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 SA DSCI SY • 1R LS TY. PW$: FC: SS SC SP IF BF 404 r Closing Payment Received S___1_�"_ �7ate._ L� �1 ' S Date Case Closed wR 1 � 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 August 8, 2005 CERTIFIED MAIL RETURN RECEIPT REQUESTED Mr. Whitt Sessoms, III 109 431d Street Virginia Beach, VA 23451 RE: CAMA VIOLATION #05-21A Dear Mr. Sessoms: This letter is in reference to the Notice of Violation dated July 13, 2005 that Frank Jennings, representative for the Division of Coastal Management, issued to you for land clearing at your property located in Grandy on US 158 between the Hardee's Restaurant and SR 1131 Poplar Branch Road and adjacent to a man-made canal in Currituck County. The violation involved the Estuarine Shoreline, which is an Area of Environmental Concern designated by the Coastal Resources Commission. Based upon the site visit conducted on July 25, 2005 by Mr. Jennings, 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 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.nccoastaimanagement.net An Eoual opportunity \ Affirmative Action Employer— 50% Recycled \ io% Post consumer Paper Whitt Sessoms, III August 8, 2005 Page 2 of 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, ' �TedSamrp7on District Manager Enclosures cc: r Ted Tyndall, Assistant Director, DCM, Morehead City (_Roy Brownlow, Compliance Coordinator, DCM, Morehead City Frank Jennings, Coastal Management Representative, DCM, Elizabeth City Stacey Smith, Currituck County Local Permit Officer Whitt Sessoms, III l August 8, 2005 ` Page 3 of 3 CAMA VIOLATION #05.21A 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 at se , committed on or near my property located in Grandy on US 158 between the,,: Hardee's Restaurant and SR 1131 Poplar Branch Road and adjacent to a man-made canal in Curdtuck 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 13, 2005, and agree to pay the proposed civil assessment of $350. DATE SIGNATURE ADDRESS TELEPHONE NUMBER , } DCM ENFORCEMENT TRACKING REPORT Issuer Field Rep. J = 01 s ��-- K CPO LPJ Violation Base No. d S - 2. f A B C D Violated Permit Nc (if applicable) Violation Description / p g Was activity permittable7 es No Initial Discovery Date b i.1' e 1 1 �S Discovery Method Violatl Description T Prior Violations in same AEC: Yes I No Respondent Names) Address LO� City Phone #�— ! _ �� T �O ' 9 Fax # State ri Zip 23 t{Sr, Violation Type: Project Type: Authorizations Required: Site Visits Respondent Site Visits Respondent E�'�No Permit PrivatelCommunity ❑ CAMA Major Present � � / i ❑ e—. Present El Permit Condition ❑ Govt./Public ❑ Minor ❑ D&F �L�L El El Expired Permit ❑ Commercial ❑ General ❑ ❑ ❑ Inconsistent wl Rules Violation Location and Site Description Rover File -. Project Location: County G Shoreline Length Street Address/ State Road/ Lot #(s) Ij14-CrtW4 4,07'— /tJ SAM Not Sure Yes No f}AMeSS — [Se+wee".r4iwe's } EvoQu/saw Sandbags: Not Sure Yes No "iY�-/VC �Q PNA: Yes No Adjacent Subdiusian ORW: Yes No Adjacent City ZIP— Crit. Hab. Yes Yes No No Phone# (—) River Basin= Photos Waiver Required Yes No Adj. Wtn Body — In DWQ Buffer Area Yes No Closest Maj. Wtr. Body l G Specify DWQ Buffer if applicable: — Restoration Extension Granted Yes No NOV Date Initial Req. Comp. Date /c v I aG a y.� Restoration Letter CNOV Date, _ Date Comp. Observed —� Acceptance Date Penalty Assessment 71.0409 Ref. Recomm. Assess. DCM Assess. App./Permit Fee { = I S 2 $'p I , $ Sent to Respondent Date —_ Penalty F l3 1 V� I S / v U —__ by DCM Date Rcvd Willful/Intent. 1 $ IS f Assessment Extended Yes No 1--- is—_- IS — Continuing r-- � Other � S 1$ —•----- i Total ----- z rn ---- i Formal Assessments, Appeals and Reductions Date Long Farm 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 ❑ 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 If yes, which types: CW EW PTA ES PTS OEA • HHF IH SA DS' Cl SY • A LS TY PW$; FC: SS SC SP IF BF 404 Restoration Required by the Respondent ( Yes / Activides Closing Dimensions In excess IDimensions to restore Final dimensions of permit/ unauthorized activities I I allowed I Actually restored Payment Received S____..___—__ ___Date_ —_ Date Case Closed Mr. Whitt Sessoms, III July 13, 2005 Page 3 RESTORATION PLAN For Whitt Sessoms, III, Property CASE NUMBER: 05-21A JUk 4 ^�5.,, Yr.l� v• Property located between the Hardee's Restaurant and SR 1131 (Poplar Branch Road), Currituck County 1. The area of disturbance is to be cleared of debris, 2. The area of disturbance should be graded and seeded. 3. Installation of a silt fence is required along the shoreline of the adjacent canal to prevent sedimentation runoff. I, Whitt Sessoms, agree to complete the restoration requirements as listed above. I agree to complete this restoration to the satisfaction of the Division of Coastal Management (DCM) by August 14, 2005, or. provide an explanation for non-compliance and a reasonable request for time extension. When corrective actions are complete, I will notify the hee DCM so the work can be inspected. SIGNATURE: v� DATE: ' 22 It is the policy of the Coastal Resources Commission to levy a minimum civil assessment $350 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. iL NCDENR North Carolina Department of Environment and Natural Resources Division of Coastal Managernedt Michael F. Easley, Governor Charles S. Jones, Director William G. Ross Jr., Secretary NOTICE OF VIOLATION Morehead City L�o July 13, 2005 CERTIFIED MAIL RETURN RECEIPT REQUESTED Mr. Whitt Sessoms, III 109 43b Street Virginia Beach, VA 23451 RE:NOTICE OF VIOLATION AND REQUEST TO CEASE UNAUTHORIZED DEVELOPMENT CAMA VIOLATION #05-21A Dear Mr. Sessoms: This letter confirms that on July 1, 2005, 1 was onsite at your property located in Grandy on US 158 between the Hardee's Restaurant and SR 1131 (Poplar Branch Road) and adjacent to a man-made canal off the Currituck Sound in Currituck County, North Carolina. The purpose of the visit was to investigate unauthorized development which consisted of land clearing at the above site. 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 clearing more than one acre of land, which includes land along the adjacent canal. This activity took place in the Estuarine Shoreline that is contiguous with the canal. The Estuarine Shoreline area is designated as an Area of Environmental Concern (AEC). No 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. 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 1 FAX: 252-264-37231 Internet: www.nccoastalmanagement.net An Equal Opportunity 1 Affirmative Action Employer— 30% Recycled by Fiber Weight Mr. Whitt Sessoms, III July 13, 2005 Page 2 It is the policy of the Coastal Resources Commission to levy a minimum civil assessment of $350 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, clearing more than one acre of land in the Estuarine Shoreline AEC, is not consistent with Section 15A NCAC 07H.0209(d)3(C). Therefore, I am requesting that the disturbed area be cleared of debris, graded and seeded, and that a silt fence be installed along the shoreline of the adjacent canal to prevent sedimentation runoff. 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 without first obtaining the proper permit(s) and/or development that is inconsistent with Coastal Resources Commission rules. Sincerely, Frank A. Jennings, III Coastal Management Representative cc: Ted Tyndall, Assistant Director, DCM, Morehead City Ted Sampson, District Manager, DCM, Elizabeth City Roy Brownlow, Compliance Coordinator, DCM, Morehead City Stacey Smith, Currituck County Local Permit Officer ENCLOSURE 4 Mr. Whitt Sessoms, III July 13, 2005 Page 3 RESTORATION PLAN For Whitt Sessoms, III, Property CASE NUMBER: 05-21A Property located between the Hardee's Restaurant and SR 1131 (Poplar Branch Road), Currituck County 1. The area of disturbance is to be cleared of debris. 2. The area of disturbance should be graded and seeded. 3. Installation of a silt fence is required along the shoreline of the adjacent canal to prevent sedimentation runoff. I, Whitt Sessoms, agree to complete the restoration requirements as listed above. I agree to complete this restoration to the satisfaction of the Division of Coastal Management (DCM) by August 14, 2005, or provide 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 $350 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. DCM ENFORCEMENT TRACKING REPORT Issuer h, Field Rep. e ^ ' '� �— Cl Violation base No. A g C C LPO Violated Permit No. LPj (il applicable) Violation Description Was activity permittable? es No Initial Discovery Date b �,� u i %05 Discovery Method Violati Description Prior Violations in same AEC: Yes I No CaSB,n'umbBr;,;-?,'r� Respondent Names) w /h ' �� S e 5 S a M S Address_ /0 9 t�3�rt�{—J�/(�— City Phone #��—{ �u—� -�—_I— Fax # State VA zip 2 3 K-.';" Email Violation Type: Project Type: Authorizations Required: Site Visits Respondent Site Visits Respondent Present �No Permit 0—private/Community 'Major ❑ CAMA Present 7 ,[y / ❑ �/ J� ❑ ❑ Permit Condition ❑ Govt.IPublic ❑ Minor ❑ D&F ❑ ❑ ❑ Expired Permit ❑ Commercial ❑ General ❑ ❑ ❑ inconsistent wl Rules Violation Location and Site Rover File Project Location: County Shoreline Length t� Street Address/ State Road/ Lot #(s) V,+ rtw')' LET— /� SAV: Not Sure Yes No 0ee''S t �nouis Sandbags: Not Sure Yes No 14n/C� pNA: - Yes No Adjacent Adjacent s6b.du islan, - ORW: Yes No City ZIP ! Crit. Hab. Photos Yes Yes No No Phone # (_ ).—_ River Basin Waiver Required Yes No Adj. Wtr. Body In DWQ Buffer Area Yes No Closest Maj. Wtr. Body Specify DWQ Buffer if applicable: Restoration Extension Granted Yes No NOV Date Initial Req, Comp. Date CNOV Date _ Date Comp. Observed Penalty Assessment Sent to Respondent Date Rcvd by DCM Date — Assessment Extended Yes No 7.1.0409 Ref. Restoration Letter Acceptance Date Recomm. Assess. j DCM Assess. App./Permit Fee i $ Penalty I Is Willful/Intent i $ !$ Continuing w Other j$ is Total Formal Assessments, Appeals and Reductions Date Long Form Submitted Assessment Appealed Yes No Date Formal CPA Submitted (JI Penalty modified Final Assessment b Date - 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 ES If yes, which types: CW EW PTA PTS OEA HHF IH SA DS CJ SY • A LS TY. SS SC SP IF BF 404 PWS: FC: Restoration Required by the Respondent ( Yes / Dimensions In excess Dimensions to restore Final dimensions of permit/ unauthorized activities, allowed Actually restored Activities Closing Payment Received S__ —_.—..____Date.__ —_ Date Case Closed