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Home My WebLink About15-03A RichmanPat McCrory Governor ARA NCDENR North Carolina Department of Environment and Natural Resources NOTICE OF VIOLATION February 11, 2015 CERTIFIED MAIL #7012 0470 0002 0007 7436 RETURN RECEIPT REQUESTED Howard & Melissa Richman 15312 Bailey's Lane Silver Spring, MD 20906 Donald R. van der Vaart Secretary RE: NOTICE OF VIOLATION AND REQUEST TO CEASE UNAUTHORIZED DEVELOPMENT CAMA VIOLATION # 15-03A RECEIVED Dear Mr. & Mrs. Richman: FEB y 7 706 This letter confirms that on January 27, 2015, 1 was onsite at your property located at 1386A Duck Road adjacent to the Currituck Sound, located in or near the Town of Duck, off NC 12, Dare County, North Carolina. The purpose of the visit was to investigate unauthorized development of a docking facility enlargement within the Currituck Sound. This letter also confirms our phone conversation on February 9, 2015. 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. CAMA General Permit #A61304 was issued to you on January 18, 2013 for the construction of 178'x6' pier, a 30xl3 platform/gazebo, a jet -ski lift, a 12'xl2' boatlift and 2 mooring buoys. This permit expired on May 18, 2013. Approximately 3 months later, on August 15, 2013, a permit compliance site visit was conducted and at that time the boatlift and pier section beyond the platform/gazebo was not constructed and a double jet -ski lift was installed instead of a single. It was determined that the development was consistent with the permit issued since the boatlift was not installed keeping the allowable slips at two and the allowable slip/mooring total at 4. Since that site visit, I have information that indicates that you have undertaken or are legally responsible for the installation of a pier extension, a four -piling boatlift and an additional mooring buoy on the aforementioned property. This activity took place within the Estuarine Waters and the Public Trust Area that are contiguous with the Currituck Sound. The Estuarine Waters and the Public Trust Area are designated as Areas of Environmental Concern (AEC). A CAMA permit for this type of development was not issued to you for work in these areas. Based on these findings, I am initiating an enforcement action by issuing this Notice of Violation for violation of the Coastal Area Management Act. 1367 US 17 South, Elizabeth City, NC 27909 Phone: 252.264-3901 \ FAX: 252.264-3723 ; Internet: www.necoastalmanagement.net An Equal Opportunity \ Affirmative Action Employer Howard & Melissa Richman February 11, 2015 Page 2 of 2 I request that you immediately CEASE AND DESIST any further 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. 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. 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. 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). Sincerely, Ron Renaldi Field Representative Cc: Frank A. Jennings, III, District Manager, DCM Roy Brownlow, Compliance Coordinator, DCM RECEIVED FEB 17 7n ao,w-W�a ia�rv, DCM ENFORCEMENT TRACKING REPORT �1 ssugr Rep. ICo✓`, �ul8l /®� diance Rep. 13 `fcswn o{. Violation Description Initial Discovery Date 11.% of S Discovery Method Violation Description Irsla112c�r+6f� Pier Prior CAMA or D/F Respondent Name(s) 9 Violation Case No. I S - 01 A Permit No. A& VWH (if applicable) Was activity permittable-(!F�No — mph , I Address I S 313 Soo l e S Lr r t City S;J L f Sar.rw State M O Zip of o40 G Phone#(�o1Qa cull Fax#/Email ARIZAUSSPLBw.cow, Corporate Name &Registered anent LSI Mar ,u- 8o &+ c./ Sc,4it 5 1 I Violation Type: Project Type: Authorizations Required: Site Visits Respondent Site Visits Respondent No Pmit Private/Community � Major CAMA �. Present Present PerrrerCondition Govt./Public Minor D&F ,I Expired Permit Q. Commercial General rQ^ inconsistentw/ Rules Tier Level: I II III Violation Location and Site Description Project Location: County Dar Street Address/ State Road/ Lot #(s) IJg b A, b. etc Rc1 f (Nc-11. .Io�33 Subdivision F r;nalcy -Ti-,L+ CRY Z�CA, ZIP. di'S49 Phone # ( _): River Basin Pas"�,Az n k J Adj. Wtr. Body C„r,-,�o c K so, n [ 4t9man /unkn) Closest Mo. Wtr. Body C.ed-A. aK uncl Lat/Long J1..19re0S9 -IS,363419 . Shoreline Length -4S" SAV: Not Sure ® No Sandbags: Not Sure Yes 6- PNA: Yes & Adjacent RECEIVED ORW: Yes dC^ AdjacentFEB 171g" Photos No PQ W-N -u pnv Waiver Required Yes In DWQ Buffer Area Yes Aw Specify DWQ Buffer if applicable: Restoration Extension Granted Yes No NOV Date CNOV Date Penalty Assessment Sent to Respondent Date Rcvd. by Dist. Mgr. Date Assessment Extended Yes No Initial Reg. Comp. Date Date Comp. Observed App./Permit Fee Penalty Willful/Intent. Continuing Investigative Restoration Letter Acceptance Date 7J.0409 Ref. Recomm. Assess DCM Assess. $ $ (1)(A s $ $ 3 Total , Formal Assessments, Appeals and Reductions Date Long Form Submitted Date Formal CPA Submitted Final Assessment $ Date Assessment Appealed: Yes No � Penalty modified 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 CEIDI/ PT ES PTS OEA HHF IH UBA N/A SA DS cJ SY JR LS TY PWS: FC: SS SC SP IF BF 404 Other: /,, Restoration Required by the Respondent Yes Cam' Dimensions in excess Dimensions to restore Final dirnensions of permit/ unauthorized activities allowed Actually restored Development Activities Habitat Description NOTES: "Cell g� o /y Closing Payment Received $ Date Date Case Closed ACAMA / ❑ DREDGE & FILL '1� No. A 61304 ERAL PERMIT Previous permit # rt � W?New ❑Modification 71 Reissue C_Partial Reissue Date previous permit issued As authorized by the State of North Carolina, Department of Environment and Natural Resources and the Coastal Resources Commission in an area of environmental concern pursuant to 1 SA NCAC NRules attach ApplicantName-,RU,,,cr s NNO!_�sc Rjcj,, ,- City State _M 6 ZIP a_p_ci y y Phone #(3at)gPA-45V\ Fax #(_) Authorized Agent (5� Mc _{ i,-A__ e Affected -_1CW NEW XPTA oEs uPt's AEC(s): OEA C:' HHF C IH ❑ UBA C WA O PWS: ❑Fc: ORW: yes / no PNA yes /. ncP Crit.Hab. yes Type of Project/ Activity Pler(docki length_ Finger pier(s)__ Groin length ....._.. number Bulkhead/ Riprap length avg distance offshore max distance offshore____ Basin, channel cubic yards Boat ramp _. Boathousel Eoath(r L,),_X _ i 1__� i Beach Bulldozing .............. Project Location: County.- 11c, , ° --- Street Address/ State Road/ Lot #(s) I i Subdivision City r_—....._ ......__ ZIP Phone # () River Basin ''e k Adj. Wtr. Body --- (',_,,.t.-tdi K '5 wr > ebt.yman._[unkn) Closest Maj. Wtr. Body ..--.. _........... �_..-._ (scale: J' ) t -.- t,o � i � sfiw.,as .�+.^• is _ t _ s. i -.1 _ Sv,r�4 v - f I I_. r•<, ,rur ��"'v �. - L. , Shoreline Length _.S —�- SAV: not sure no ._ fhaf. 4 —�...... _1..... Sandbags: not sure yes .... .. . ;. ... . n 1. Moratorium: yes tro Photos: Waiver Attached: .yes. A building permit may be required by: —,,; f K. �' See note on back regarding River Basin rules. Notes/ Special Conditions u loe i�.td 1-.-.1.,. Pr(,). �......,.i R.)- .. . _}k Appiiation Fee(s) Check # Issuing Date -- .Expiration pate — Local Planningjurisdlcdon Rover File Name File Name Shooting Mode Tv (Shutter Speed) Av (Aperture Value) Exposure Compensation ISO Speed Focal Length White Balance 1386A Duck Rd 8-15-2013 (1).JPG Auto 11250 5.6 0 Auto 5.8 mm Auto File Name Shooting Mode Tv (Shutter Speed) Av (Aperture Value) Exposure Compensation ISO Speed Focal Length White Balance pav 4,,}t $t'i-Ski '� � '� �it✓ Exit�+t✓w. 1386A Duck Rd 1-27-2015 (1).JPG Auto 11200 2.6 0 80(Auto) 5.8 mm Auto -Tns�,J {. C t ?)i i" t?..irritr��)W-, A,YvNor.{..A ch odr;•�� i1,<o��1,GP �Zn��-�,{(tc� �j rnoorti�ri ci�"}4✓ )�crrv,.� RECEIVED FEB 17 7015 FoA w-"Fjm e" 0 NCDENR North Carolina Department of Environment and Natural Resources Pat McCrory Donald R. van der Vaart Governor Secretary February 23, 2015 CERTIFIED MAIL #7012 0470 0002 0007 7450 RETURN RECEIPT REQUESTED Howard & Melissa Richman 15312 Baileys Lane Silver Spring, MD 20906 RE: CANA VIOLATION #15-03A Dear Mr. & Mrs. Richman: This letter is in reference to the Notice of Violation dated February 11, 2015 that Ron Renaldi, representative for the Division of Coastal Management, issued to you for a installing a pier extension, a four -piling boatlift and an additional mooring buoy at 1386A Duck Road, Town of Duck, Dare County. The violation involved the Estuarine Waters and the Public Trust Area, which are Areas of Environmental Concern designated by the Coastal Resources Commission. The Coastal Area Management Act provides that a civil assessment of up to $10,000 plus investigative costs may be assessed for any violation. It is the policy of the Coastal Resources Commission to assess a civil penalty for all violations in order to recover some of the costs of investigating violations and/or to compensate the public for any damage to its natural resources. Under the rules of the Coastal Resources Commission, a proposed civil penalty in the amount of $527.00 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 $527.00 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. RECEIVED 1367 Us 17 south, Elizabeth City, NC 27909 MAR 0 2 2015 Phone: 252-264-3901 \ FAX: 252-264.3723:Internet: www.nocoastalmanagement.net 6?QWA%1MD,CIT`F An Equal Opportunity \ Affirmative Action Employer Howard & Melissa Richman February 23, 2015 Page 2 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, �I /1y�2�"+r� S Frank JennRm//lgs District Manager, Northeast District NC Division of Coastal Management FAJ/rar Enclosure: Agreement to Pay Proposed Civil Assessment cc: w Com lia M, Morehead Ci Ron Renaldi, Coastal Management Representative, DCM, Elizabeth City CAMA VIOLATION # 15-03A Howard & Melissa Richman 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 $527.00 against me for violation of the Coastal Area Management Act, NCGS 113A-100 et seg, committed on or near my property 1386A Duck Road in the Town of Duck, 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 February 11, 2015, and agree to pay the proposed civil assessment of $527.00. DATE SIGNATURE ADDRESS TELEPHONE NUMBER RECEIVED MAR 02 2u" Pe"s,Cimv DCM ENFORCEMENT TRACKING REPORT LPO ssugr Rep. I`ov\ Rep. I [,wn off. Initial Discovery Date 11a-4 JaoI S Discovery Method Violation Description =,.�5}4�)2,c� gcw}6�)' Pico' Violation Case No. I S - 03 A ❑ Permit No. (if applicable) Was activity pennittablel< �es No - MP,o, Pc e. 4- Address I S 31 a, gam 'S Lan.c City SJy_c (.... ra n State M D Zip a 040 G Phone#(3o1ga4-Qi.Ti Ott Fax#/Email MZLSUSSPLAw,com Corporate Name& Registered agent LS1 nl e,n.c C,,.s}, c%, SUJ+r 5,II Violation Type: Project Type: Authorizations Required: Site Visits Respondent Site Visits Respondent No Permit Major Present Present Permit Condition Govt/Publmunity c Minor D&FF rF� VV Expired Permit ❑ Commercial n General ❑ ❑ Inconsistent w/ Rules Tier Level: I II III ❑ ❑ Violation Location and Site Description Project Location: County be. rc. Street Address/ State Road/ Lot #(s) I -) ,I b A by c.K- Rd t (N c-1 a� Subdivision Rr;nelc.4 i'f&L+ City: 1CI: .ZIP d3'949 Phone # ( _), River Basin is �4 uy'ic n k Adj. Wtr.Body 0,,er.kv6X Soon t&man/unkn) Closest Maj Wtr Body 0 1 r,K. 4, ncI Lat/Long 3[-.1960S9* -3S.3b3419' Shoreline Length.. �S SAV: Not Sure ® No Sandbags: Not Sure Yes 6d PNA: Yes ® Adjacent ORW: Yes �% Adjacent Photos ® No RECEIVED Waiver Required Yes In DWQ Buffer Area Yes MAR 02N V u Specify DWQ Buffer if applicable:yeIM=It hp 61fY Restoration J 2 NOV Date Initial Req. Comp. Date / N Extension Granted Yes No CNOV Date Date Comp. Observed Penalty Assessment Sent to Respondent Date l //J APP /Permit Fee Rcvd. by Dist. Mgr. Date Assessment Extended Yes No I Willful/Intent. Restoration Letter Acceptance Date 7J.0409 Ref. Recomm. Assess. DCM Assess. $ asp ,00 $ 0Z50. '' (14�(A $aS0.co $ So• '' $ $ Is aI.oa Is Total 11.S00% 0o I "' 5 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: Yes acted? Wetlands Impacted? p �� \\ �/�✓ If yes, which types: CW i.ElDf/ r• ES PTS OEA HHF IH UBA N/A SA DS CJ SY JR LS TY PWS: FC: SS SC SP IF BF 404 Other: � Restoration Required by the Respondent Yes C cv Dimensions in excess Dimensions to restore Final dimensions of permil/ unauthorized activities allowed Actually restored Development Activities Habitat Description NOTES: RECEIVED MAR 0 2 2015 DCM-MHD CITY Closing Payment Received $ Date Date Case Closed