The URL can be used to link to this page

Home My WebLink About17-31A RoseK_ , r-o_ Coastal Management ENVIRONMENTAL QUALITY December 7, 2017 CERTIFIED MAIL 70151520 0003 5515 4646 RETURN RECEIPT REQUESTED Terry Rose 119 Edgewater Drive Shiloh, North Carolina 27974 RE: CAMA VIOLATION #17-31A Dear Mr. Rose: ROY COOPER Govemar MICHAEL REGAN Semnary BRAXTON DAVIS Direct., This letter is in reference to the Notice of Violation dated November 16, 2017, that Lynn Mathis, Field Specialist for the Division of Coastal Management, issued to you for the unauthorized construction of a roof addition on your dwelling within 32' of a man-made canal in Camden County. The violation involved Estuarine Shoreline, which is an Area of Environmental Concern designated by the Coastal Resources Commission. 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. However, you subject to meeting all other state and local permitting requirements, including the Camden County Building Inspections Department. The Coastal Area Management Act provides that a civil assessment of up to $2,000.00 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 $248.00 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 $248.00 made payable to the North Carolina Department of Environmental Quality (NCDEQ); 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 settlement of the penalty. (RECEIVED / DEC 15 2017 State of North Carolina I Envirownental Quality I Coastal Management 401 S Griffin Street I Suite 3001 Elizabeth City NC 27909 1 252-264-3901 D C M- M H D CITY Terry Rose December 7, 2017 Page 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, --I-Lcr.i�C Frank Jennings District Manager, Northeastern District NC Division of Coastal Management Enclosures cc: Roy Brownlow, Compliance Coordinator, DCM Lynn Mathis, Field Specialist, DCM Barbara Rhoads, Chief Building Inspector, Camden County RECEIVED DEC 15 2017 DCM- MHD CITY CAMA VIOLATION #17.31A Terry Rose AGREEMENT TO PAY PROPOSED CIVIL ASSESSMENT I understand that the staff of the Department of Environmental Quality will propose the assessment of a civil penalty in the amount of $248,00 against me for violation of the Coastal Area Management Act, NCGS 113A- 100 et sec, committed on or near property located at 119 Edgewater Drive, Shiloh, in Camden 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 November 16, 2017, and agree to pay the proposed civil assessment of $248.00. DATE SIGNATURE ADDRESS TELEPHONE NUMBER RECEIVED DEC 15.2017 DCM- MHD CITY O Coastal Management ENVIRONMENTAL QUALITY CERTIFIED MAIL 7013 2250 0000 6213 5405 RETURN RECEIPT REQUESTED NOTICE OF VIOLATION November 16, 2017 Terry Rose 119 Edgewater Drive Shiloh, North Carolina 27974 ROY COOPER Gowntor MICHAEL S. REGAN Semlary BRAXTON DAVIS Director RECEIVED NOV 2 0 Z017 DCM,- MHD CITY RE. NOTICE OF VIOLATION AND REQUEST TO CEASE UNAUTHORIZED DEVELOPMENT CAMA MINOR VIOLATION #17-31A Dear Mr. Rose: This letter confirms that on October 5, 2017,1 and Camden County Building Inspector Barbara Rhoads were onsite at your property, located at 119 Edgewater Drive, Camden Point Subdivision, Camden County, adjacent to a man-made canal. The purpose of the visit was to investigate the unauthorized construction of a roof addition to your dwelling, within the 75' of normal water level. Information gathered shows that you did undertook minor development in violation of the Coastal Area Management Act. No person may undertake minor development in a designated Area of Environmental Concern without first obtaining a permit from the North Carolina Department of Environmental Quality per North Carolina General Statutes (N.C.G.S.) 11 3A-1 18. You are legally responsible for the minor development by constructing a roof addition —288sf in area within 32' of a man-made canal on the aforementioned property. This activity took place within the Estuarine Shoreline which is contiguous with the adjacent man-made canal and the Albemarle Sound, a designated Areas of Environmental Concern (AEC). No permit was issued to you for work in this area, and as such 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 $1,000 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 $1,000. 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. State ofNonh Carolina I Envlrontnental Queltty I Coastal Management 1367 US Hwy 17 South I Elizabeth City, NC 27909 252-264-3901 Terry Rose November 16, 2017 Page 2 of 2 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. Thank you for your time and cooperation in resolving this important matter. Sincerely, Lynn W. Mathis Field Specialist Cc: Frank A. Jennings, III, District Manager, DCM Roy Brownlow, Compliance Coordinator, DCM Barbara Rhoads, Chief Building Inspector, Perquimans County ENCLOSURE State of North Carolina I Environmental Quality I Coastal Management 1367 US Hwy 17 South I Elizabeth City, NC 27909 252-264-3901