HomeMy WebLinkAbout14-17A Saunderst AWWA
NCDETIR
North Carolina Department of Environment and Natural Resources
Pat McCrory John E. Skvarla, III
Governor Secretary
NOTICE OF VIOLATION
July 23, 2014
CERTIFIED MAIL INSERT 20 DIGIT SERIAL NO.7012 3460 0002 0625 5405
RETURN RECEIPT REQUESTED
Donald & Rita Saunders
112 Bowketcher Blvd
Hertford, North Carolina 27944
RE: NOTICE OF VIOLATION AND REQUEST TO CEASE UNAUTHORIZED DEVELOPMENT
CAMA VIOLATION #14-17A
Dear Mr. and Mrs. Saunders:
This letter confirms that on July 14, 2014,1 met with you on Lot #2 adjacent to your dwelling at 112
Bowketcher, located adjacent to the Little River, in or near the community of New Hope, in
Perquimans County, North Carolina. The purpose of the visit was to investigate unauthorized
development involving the clearing, filling and grading of an area greater than 2 acres on lot #2.
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.)113A-118.
I have information that indicates you have undertaken or are legally responsible for clearing and
grading more than two acres on the aforementioned property. This activity took place in the
Estuarine Shoreline which is contiguous with the Little River. The Estuarine Shoreline AEC is
designated as an Area of Environmental Concern (AEC). No CAMA permit was issued to you for
work in this area. Based on these findings, I am initiating an enforcement action by issuing this
Notice of Violation for violation of the Coastal Area Management Act.
I request that you immediately CEASE AND DESIST any further unauthorized development. 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.
1367 US 17 South, Elizabeth City, NC 27909 :1rt;EIV)
Phone: 252-264-39011 FAX: 252-264-3723 Intemet: www.necoastalmanagement.net
JUL 2 8 2014
An Equal Opponunily 1 Affirmative Action Employer
DCM•Mt effy
Donald & Rita Saunders
July 23, 2014
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.
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 my submission of
an enforcement report to the District Manager, you will be notified as to the amount of a civil
assessment for undertaking development without first obtaining the proper permit(s).
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.
Sincerely,
Lynn W. Mathis
Field Specialist
NC Division of Coastal Management
Cc: Frank A. Jennings, III, District Manager, DCM
oRQapwnlow, Compliance Coordinator, DCM
Raleigh Bland, USACE
Pat McClain, Land Quality
DCM ENFORCEMENT TRACKING REPORT
Issuer
Rep. ❑
iliance Rep. /A /Al nAM'7%-h SEJ
Violation Description
Initial Discovery Date � ( .l 14-N
Violation Description
Respondent Name(s)
Discovery Method
Violation Case No. I V ,1 % 6
Permit
(if applicable)
Was activity permittable? Yes / No
zip Z79
Phone#T24 —276' 71 Fax#/Email
Corporate Name & Registered agent
Violation Type: Project Type: Authorizations Required: Site Visits Respondent Site Visits Respondent
Present Present
No Permit � Private/Community � Major � CAMA 4y-0—
Permit Condition Govt./Public Minor D&F
Expired Permit Commercial General
Inconsistent w/ Rules Tier Level: I II III
Violation Location and Site Description
Project Location: County P61421V/✓liJYiyi/S
Street Address/ State Road/ Lot #(s)
Subdivision 1114
City ZIP _
Yes
Yes
Yes elJ) Adjacent
Yes `�V�, Adjacent
Yes No,I p
Phone #( _) !Pt RlverBasm b V—K— Photos iv�lNo
Adj. Wtr. Body ILL tat man /unkn) Waiver Required ea /Fvb,
Closest Maj. Wtr. Body In DWO Buffer Area Yea No
Specify DWQ Buffer if applicable: _
LadLong aa'l sZ N Vl% I✓
Shoreline Length I ^ /
SAV: Not Sure
Sandbags: Not Sure
PNA:
ORW:
Crit. Hab.
Restoration
Extension Granted Yes No
NOV Date
CNOV Date
Penalty Assessment
Sent to Respondent Date
Rcvd. by Dist. Mgr. Date
Assessment Extended Yes No
�` 16ECBNF'D
JUL 2 8 2014
Initial Req. Comp. Date
Date Comp. Observed
App./Permit Fee
Penalty
Willfutllntent.
Continuing
Investigative
Restoration Letter
Acceptance Date
7J.0409 Ref.
Recomm. Assess.
DCM Assess.
$ 5-0-ry
$
$
d'
$ oo
Is
Total
O-0
DCM.%MC"
'7t f % ,
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
❑
Respondent not responsive to penalty/NOV ❑ Injunction to complete restoration
Date Collection Letter Sent
Date Demand Letter Sent
Violation Activities and Impacts
AECs Affected:
Wetlands Impacted? Yes
If yes, which types:
CW EW PTA ES
PTS
OEA HHF IH BA
NIA
SA DS CJ SY JR
LS TY
PWS: FC:
sS SC SP IF BF
404
Restoration Required by the Respondent Yes
Dimensions in excess Dimensions to restore Final dimensions
of permit/ unauthorized activities allowed Actually restored
Development Activities
Habitat.Description - --
Closing
Payment Received $ Date Date Case Closed
NCDENR
North Carolina Department of Environment and Natural Resources
Pat McCrory John E. Skvarla, III
Governor Secretary
August 5, 2014
CERTIFIED MAIL ARTICLE NO.7012 3460 0002 0625 5399
RETURN RECEIPT REQUESTED
Donald & Rita Saunders
112 Bowketcher Blvd
Hertford, North Carolina 27944
RE: CAMA VIOLATION #14.17A
Dear Mr. and Mrs. Saunders:
This letter is in reference to the Notice of Violation dated July 23, 2014, that Lynn Mathis, Field Specialist forthe
Division of Coastal Management, issued to you for unauthorized development involving the clearing, filling and
grading of an area greater than 2 acres on State Road 1464, lot #2, Bowketcher Boulevard in Perquimans
County. The violation involved Estuarine Shoreline, which is an Area of Environmental Concern designated by
the Coastal Resources Commission. The development undertaken was 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 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 Resource Commission, a civil penalty in the amount of $500.00 plus
investigation costs $54.00 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 $554.00 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 11 2014
1367 US 17 South, Elizabeth City, NC 27909
Phone: 252-264-39011 FAX: 252-264-3723;Internet: www.nccoastalmanagementnet DCMAAIiDCIIS'
An Equal Opportunity 1 Affirmative Action Employer
Donald & Rita Saunders
August 5, 2014
Page 2 of 3
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,
�' - ;[ ; WT—
Frank A. Jennings d,
District Manager
NC Division of Coastal Management
Enclosures
cc: Roy Brownlow, Compliance Coordinator, DCM
Lynn W. Mathis, Field Specialist, DCM
Perquimans County Inspections Department
1 Donald & Rita Saunders
August 5, 2014
Page 3 of 3
CAMA VIOLATION #14-17A
Donald & Rita Saunders
112 Bowketcher Blvd.
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 $554.00 against me for violation of the Coastal Area
Management Act, NCGS 113A-100 et sea, committed on or near my property on Lot #2, and adjacent to my
dwelling at 112 Bowketcher in Perquimans 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 23, 2014, and agree to pay the proposed civil assessment of $554.00.
DATE
SIGNATURE
ADDRESS
TELEPHONE NUMBER
!W RECEIVED
AUG 11 2014
[111uQS1CIZtlY��
DCM ENFORCEMENT TRACKING REPORT
Issuer
Rep.
diance Rep. 4A 1Af JA44 1-7* i 0�
LPO ❑
Violation Description
Phone #T2&D -- 2261 Fax #/Email
Corporate Name & Registered agent
Violation Case No. I i — 17,I
Permit
(if applicable)
Was activity pennittable? Yes / No
Violation Type: Project Type: Authorizations Required: Site Visits Respondent Site Visits Respondent
[/ No Permit Private/Community Major CAMA Present
Present
L�Jr Permit Condition Govt./Public Minor D&F �" u
Expired Permit Commercial General El
Inconsistent w/ Rules Tier Level: 1 0 III
O
Violation Location and Site Description
LaULong a af'SZ-Al
76*/r'5y./0 i /
p6lj2
Project Location: County �2ufe J
Shoreline Length
Street Address/ State Road/ Lot #(a)
SAV: Not Sure Yes
�o
WlkCF79CYL
&(�J
Sandbags: Not Sure Yes
Subdivision //�
PNA: Yes
Adjacent
ORW: Yes
AdjacentCity
ZIP •—•—
Cdt. Hab. Yes
Phone # ( _) River Basin G� IL.
Photos
No
Adj. Wtr. Body
It r � /C L6& (rat man / inkn)
l
Waiver Required '4m
•
Closest Maj. Wtr. Body 4414"11-- SM410
In DWO Buffer Area Yes
vo
Specify DWO Buffer'd applicable:
Restorationb�C
NOV Date
CNOV Date
Penalty Assessment
Sent to Respondent Date
Rcvd. by Dist. Mgr. Date
Assessment Extended Yes
Initial Req. Comp. Date
Date Comp. Observed
App./Permit Fee
Penalty
No WilifuVlntent.
Continuing
RECEIVED Investgative
Extension Granted Yes No
Restoration Letter
Acceptance Dale
7J.0409 Ref.
Recomm. Assess.
DCM Assess.
$ 5v.cv
$
$
$
$
$
J
$ op
$
Total
0-0
DCM-MUD C"
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
Dale sent to AG ❑ Respondent not responsive to penalty/NOV ❑ Injunction to complete restoration
Date Collection Letter Sent Date Demand Letter Sent
Violation Activities and Impacts
AECs Affected: Wetlands Impacted? Yes ?1F If yes, which types:
CW EW PTA ES PTS
OEA HHF IH BA WA SA DS CJ -SY JR LS TY
rnnic• pr. SS sC SP IF BF 404
Restoration Required by the Respondent Yes
Dimensions in excess Dimensions to restore Final dimensions Actually restored
of permit/ unauthorized activities allowed
Development Activities
Habitat Description - ` --
Closing
Payment Received $ Date Date Case Closed
NCDENR
North Carolina Department of Environment and Natural Resources
Pat McCrory
Governor
August 12, 2014
Donald and Rita Saunders
112 Bowketcher Blvd.
Hertford, NC 27944
John E. Skvada, III
Secretary
RE. Payment of Proposed Penalty for Violations of the Coastal Area Management
Act, Perquimans County, LAMA Violation #14-17A
Dear Mr. and Mrs. Saunders:
This letter will acknowledge receipt of your Check #583, in the amount of $554, and dated
08/11/14. 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: Roy Brownlow, ompl>r iance Coordinator, DCM, Morehead City
Lynn W. Mathis, Field Specialist, DCM, Elizabeth City
RECEIVED
AUG 14 2014
1367 US 17 South, Elizabeth City, NC 27909 DCM-MHD crry
Phone: 252-264-39011 FAX: 252-264-3723; Intemet: hf p:/Ioortal.ncdenr.oraiweb/cm/dcm-home
An Equal opportunity 1 Afinnative Action Employer
Donald & Rita Saunders
August 5, 2014
Page 3 of 3
CAMA VIOLATION #14-17A
Donald & Rita Saunders
112 Bowketcher Blvd.
AGREEMENT TO PAY PROPOSED CIVIL ASSESSMENT
AUG 12 2014
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 $554.00 against me for violation of the Coastal Area
Management Act, NCGS 113A-100 et seg, committed on or near my property on Lot #2, and adjacent to my
dwelling at 112 Bowketcher in Perquimans 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 23, 2014, and agree to pay the proposed civil assessment of $554.00.
19
DATE SIGNATURE a
CU
ADDRESS
) C. 27(144
TELEPHONE NUMBER
252- 2 L"I- -27 Co -3
(.). » T' Ct l