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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