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Home My WebLink About15-19A RothrockME, PAT VICCRORY Coastal Management ENVIRONMENTAL OUAI.ITY May 25, 2016 Ms. Kaye F. Rothrock P.O. Box 448 Grandy, NC 27939 DONALD R. VAN DER VAART BRAXTON DAVIS RE. Payment of Proposed Penalty for Violations of the Coastal Area Management Act, Currftuck County, CAMA Violation #15-19A Dear Ms. Rothrock: This letter will acknowledge receipt of your Check #2081, in the amount of $427, and dated 05/21/2016. Once the amount of the check is credited to the Department of Environmental Quality's 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 Jennin s, District Manager Northeastern District Division of Coastal Management FI/yc cc: Poy Brownlow, Compliance Coordinator, DCM, Morehead City Ron Renaldi, Coastal Management Rep., DCM, Elizabeth City RECEIVED JUN 02 2016 DCM- MHD CITY State of North Carohaa I Enviruomental Quality I Coastal Management 1367 US Hwy 17 South I Elvabe li City. NC 27909 252-264-39011252-264-3723 [fax] ., i NC Division of Coastal Management 91 Cashier's Official Receipt 13 5 8 CrB C D �./ s � 20 J� Received From: �, / C.� J�O %f{ ;Q'7i may/ Date: C/.y/ /-/� 'y-/� I b O ' Permit No.: �L�/ a ✓ � / ,s—z Z 4 $ / K . / Applicant's Name: Check No.: �- 8 / � `! E %Z �T !-F K o c v County: . P-.t L I q, C,(< Project Address: �� `i Gi a �� 1 / _ _ r Please retain receipt for your records as proof of payment for permit issued. m 6 Signature of Agent or Applicant: /' Date: •= 2 5- ZIP, ve: Signature of Field Representati-a.�-�r�— Date: S ZS ✓ r W N p W o Received. CAMA VIOLATION #15-19A Kaye F. Rothrock DCM-EC 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 $427.00 against me for violation of the Coastal Area Management Act, NCGS 113A-100 et seg, committed on or near my property 159 Walnut Island Blvd., 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 January 5, 2016, and agree to pay the proposed civil assessment of $427.00. os- a j- /6 DATE V SIGNATURE P O.c3a1[ V, / b' ADDRESS it 2 e0,e N A C .7;7f.# TELEPHONE NUMBER RECEIVED JUN 02 2016 DCM- MHD CITY PAT MCCRORY cnrernnr go%► ,- Coastal Management ervaiaom Mt IIAi. 0t1A ,,ry May 18, 2016 CERTIFIED MAIL #7015 1520 0003 5515 4110 RETURN RECEIPT REQUESTED Kaye F. Rothrock PO Box 448 Grandy, NC 27939 RE: CAMA VIOLATION #15-19A Dear Ms. Rothrock: DONALD R. VAN DER VAART Serrerm, BRAXTON DAVIS Duerav This letter is in reference to the Notice of Violation dated January 5, 2016 that Ron Renaldi, representative for the Division of Coastal Management, issued to you for the creation/dredging of an upland basin at 159 Walnut Island Boulevard, Currituck County. The violation involved the Public Trust Area, Estuarine Waters and Estuarine Shoreline, 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 $427.00 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 $427.00 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 thOJty or request remission of the penalty. MAY r State of North Carolina I Environmental Quality I Coastal Management 1367 US Hwy 17 South I Elizabeth City, NC 27909 252-264-3901 Y Kaye F. Rothrock May 18, 2016 Page 2 III 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, Frank A. Jennings, III District Manager, Northeast District NC Division of Coastal Management FAJ/rar Enclosure: Agreement to Pay Proposed Civil Assessment cc: Roy Brownlow, Compliance Coordinator, DCM, Morehead City Ron Renaldi, Coastal Management Representative, DCM, Elizabeth City Josh Pelletier, US Army Corps of Engineers RECEIVED MAY 2 3 2016 DCM- MHD CITY CAMA VIOLATION #15-19A Kaye F. Rothrock 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 $427.00 against me for violation of the Coastal Area Management Act, NCGS 113A-100 et sec, committed on or near my property 159 Walnut Island Blvd., 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 January 5, 2016, and agree to pay the proposed civil assessment of $427.00. DATE SIGNATURE ADDRESS TELEPHONE NUMBER RECEIVED MAY 2 3 2016 DCM- MHD CITY RECEIVED MAY 2 3 2016 DCM- MHD CITY M ENFORCEMENT TRACKING REPORT Violation Initial Discovery Date Violation Description RespondentName(s) s r Rep. �on YxgI/®�n �d 1 Violation Case No. I S - I q A Rep. 11 Permit No. ❑ (if applicable) Was activity No 1111-4(IS Discovery Met hod Annnymn.,,, reonrA ±4v X 1q, Fti6]rn 1)., 1 ',41,-n hrc1k rJ. ^,A !Pc 40= + l or Prior Case No: Address Po f3uK 4419 City ..�xGG.�a. StateN_ ZipQ3g39 Phone #(aSa,4S?-9U1 h,.u..-7b54:1IVI-40Qal Fax#/Email Corporate Name & Registered agent Violation Type: Project Type: Authorizations Required: Site Visits Respondent Site Visits Respondent ANo Permit Private/Community Major { CAMA Present Present Permit Condition Govt./Public Minor D&F—�1u--. ❑ LJ Expired Permit Commercial I(W`` w General d ❑ Inconsistent w/ Rules Tier Level: 1 II III El 0 Violation Location and Site Description Project Location: County `„fr c Street Address/ State Road/ Lot #(a) t Sq WJ ,J - SSjcn d f3 W d _ _L)i eta I SR A I1Rto Subdivision_1,��,1 ��} ZS1cnd Eric icS CRY ZIP ZIP a�g�ti Phone#( _). River Basin j�osc„�}i,r1C Adj. Wtr. Body Irv:( -J„�ov (natAfan)unkn) Closest Maj. Wtr. Body CvlrAGy- 5.- J Lat/Long 3,,)4435s` P,_-75609 50 w Shoreline Length ± 105, SAV: Not Sure Yes Sandbags: Not Sure Yes J�yi PNA: Yes (:5) Adjacent ORW: Yes <:S> Adjacent -Cpl.Ile9. Yes Ne—[� Photos es NoRECEIVED Waiver Required Yes In DWQ Buffer Area Yes ® MAY 2 3 2016 Specify DWQ Buffer K applicable: Restoration CITY NOV Date 1�\'/d.ol6 Initial Req. Comp. Date Extension Granted �^ No CNOV Date Date Comp. Observed Sri/ f /I le Restoration Letter _ P� Acceptance Date j Jlb(j.ol e Penalty Assessment Sent to Respondent Date Rcvd. by Dist. Mgr. Date Assessment Extended App./Permit Fee Penalty Yes No Willful/Intent. Continuing 7J.0409 Ref. Recomm. Assess. DCM Assess. $ aoo.(Do $ 6 J $ -'Do. (Do $ � J $ $ C $ a-;.00 $ 2 Total 1, �-} , 0 t / ;L Formal Assessments, Appeals and Reductions . • . Date Long Form Submitted Date Formal CPA Submitted Final Assessment Attorney General's Office for Injunction or Formal Collection Date sent to AG Date Collection Letter Sent Violation Activities and Impacts AECs Affected: CW PTA-' r OEA HHF IH UBA N/A Assessment Appealed: Yes No Penalty modified Respondent not responsive to penalty/NOV n Injunction to complete restoration Date Demand Letter Sent Other. Restoration Required by the Respondent Yes / No Wetlands Impacted? Yes JtIJ If yes, which types: SA DS cJ SY JR LS TY sS SC SP IF BF 404 NOTES5. ,`t-h (KAA,,� 1 liyrcl a act ✓LSS c,�,J L..r�x 599-r]-+ct-i- uglcla -4uo si� -k• �o-FG, si— ± 3� &t(a— IywL n� t 1 .,_ , , r , _ I 1 *C,QA,- V .§Vn Myd; 4 0Wf�f (Lye Llk lu4L '1 aJ -\ 1,0111d-a is V-c 0i Payment Received $ Date Date Case Closed Coastal Management ENVIRONMENTAL OVAUTY May 6, 2016 Kaye F. Rothrock PO Box 448 Grandy, NC 27939 RE: RESTORATION ACCEPTANCE — CAMA VIOLATION #15-19A Dear Ms. Rothrock: PAT MCCRORY Gmrmm DONALD R. VAN DER VAART serman BRAXTON DAVIS Dimcmr This letter is in reference to the Notice of Violation #15-19A sent to you dated January 5, 2016 for the unauthorized creation/dredging of an upland basin within the Public Trust Area, Estuarine Waters and Estuarine Shoreline Areas of Environmental Concern that are contiguous with the Currituck Sound. The violation took place on your property located at 159 Walnut Island Boulevard (SR#1186) in or near the community of Grandy in Currituck County, North Carolina. This unauthorized activity constituted development and you were requested to stabilize the shoreline. In accordance with the North Carolina Administrative Code, Title 15A, Subchapter 7J.0410, any violation involving development which is inconsistent with guidelines for development within Areas of Environmental Concern (AEC) must be corrected by restoring the project site to pre -development conditions to recover lost resources or to prevent further resource damage. I viewed the site on the aforementioned property on May 5, 2016 to inspect the restoration of the unauthorized activity addressed in the Notice of Violation #15-19A. Based on this inspection, it appears the restoration is accomplished to the satisfaction of this Division. Upon my submission of an enforcement report, you will be notified as to the amount of the civil penalty for undertaking this unauthorized activity within an Area of Environmental concern. Thank you for your attention and cooperation in this matter. If you have any questions pertaining to this matter, please feel free to call me at (252) 264-3901. Sincerelv. Ron Renaldi Field Representative NC Division of Coastal Management Cc: Frank Jennings, District Manaapf nCM �y Brownlow, Compliance Coordinator, DC� RECEIVED MAY 11 2016 r'N thhtgCompares. ,,,- DCM- MHD CITY State of North Carolina I Environmental Quality I Coastal Management 1367 US Hwy 17 South I Elizabeth City, NC 27909 252-264-3901 PAT MCCRORY Governor %a 1; Coastal Management ENVIRONMENTAL OIIALITY NOTICE OF VIOLATION January 5, 2016 CERTIFIED MAIL #7012 0470 0002 0007 7559 RETURN RECEIPT REQUESTED Kaye F. Rothrock PO Box 448 Grandy, NC 27939 DONALD R. VAN DER VAART Secretary BRAXTON DAVIS Dimclor RE: NOTICE OF VIOLATION AND REQUEST TO CEASE UNAUTHORIZED DEVELOPMENT CANA VIOLATION #15.19A Dear Ms. Rothrock: This letter confirms that on December 17, 2015, Darin Smith and I were onsite at your property located at 159 Walnut Island Boulevard (within the Walnut Island Estates Subdivision), adjacent to a manmade canal that leads to Dowdy Bay and ultimately the Currituck Sound, located in or near Grandy, off SR#1186, Currituck County, North Carolina. The purpose of the visit was to investigate unauthorized development consisting of the creation/dredging of an upland basin extending from the adjacent manmade canal. This letter also confirms our phone conversation on December 21, 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. I have information that indicates you have undertaken or are legally responsible for the dredging out of a ±700 ft2 basin within the highground area on the aforementioned property. This activity took place in the Public Trust Area, Estuarine Waters and Estuarine Shoreline that are contiguous with the Currituck Sound. The Public Trust Area, Estuarine Waters and Estuarine Shoreline areas are designated as Areas of Environmental Concern (AEC). No CAMA permit was 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 and the State's Dredge and Fill Law. 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. RECEIVED --'>"NothingCompares .-L,. JAN 19 2016 Some of North Carolina I EaAronmeofel Quality I CCMMMI Mar gemeut 1367 US Hwy 17 South i Elimbeth City, NC 27909 252-264-3901 DCM- MHP -L Kaye F. Rothrock January 5, 2016 Page 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. You are also in violation of the State's Dredge and Fill Law which requires a permit from the North Carolina Department of Environment and Natural Resources before undertaking any excavating or filling in any estuarine waters, tidelands, marshlands, or state-owned lakes pursuant to N.C.G.S. 113-229. Therefore, I also request that you immediately CEASE AND DESIST such unauthorized activity. Violations of the State's Dredge and Fill Act may be enforced by a criminal penalty or a civil action for damages or an injunction in accordance with N.C.G.S. 113-229. Based upon the North Carolina Administrative Code, Title 15A, Subchapter 07H. State Guidelines for Areas of Environmental Concern, the activity you have undertaken, dredging an upland basin in the Public Trust Area, Estuarine Waters and Estuarine Shoreline AECs, is not consistent with Section 07H.1505(6), which states that all spoil material shall be stabilized or retained so as to prevent any excavated material from re- entering the surrounding waters. Therefore, I am requesting that all dredged spoil material be removed from the areas adjacent to the basin and canal shoreline. In addition, I request that the basin shoreline be sloped to an angle such that it will not slough off into the waters of the basin and then be vegetated to prevent sedimentation into the waters of the canal. The enclosed Restoration Plan describes the action necessary to bring this project into compliance with the Act. 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. 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. Sin Ron naldi / Field Representative NC Division of Coastal Management Cc: FrankJe_nnings, District Manager, DCM mow, wmp lance Coordinator, DCM Lynn Mathis, Field Specialist, DCM Josh Pelletier, US Army Corps of Engineers RECEIVED JAN 19 2016 DCM- MHD CITY ENCLOSURE RESTORATION PLAN For Kaye F. Rothrock Property CAMA Violation No. 15-19A Property located at 159 Walnut Island Blvd., Currituck County 1) Remove all dredged spoil materials from the canal/basin shoreline area and place them in an area that will not allow sedimentation back into the canal or basin. 2) Slope and stabilize the basin shoreline so that unconsolidated material does not slough off into the new basin area. I, Kaye F. Rothrock, agree to the above listed restoration steps. I agree to complete this restoration to the satisfaction of the Division of Coastal Management (DCM) by January 31, 2016, 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 assess a civil penalty plus investigative costs against all violations. 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. If restoration is not undertaken or satisfactorily completed, a substantially higher civil assessment will be levied and an injunction sought to require restoration. RECEIVED JAN 19 2016 DCM- MHD CITY RECEIVED JAN 19 2016 DCM- MHD CITY CM ENFORCEMENT TRACKING REPORT sgu#r Rep. �o✓� �/®` zna l� t violation Case No. l S — ! q A Rep. run U Permit (if applicable) Violation Description Was activity permittable )No Initial Discovery Date 1,), IS Discovery Method-Annr,ymc,.,s re t2orJ Violation Description ± yR' x 19' ( n . dh.n in ik^el roc -2B = + Respondent Information Prior CAMA or D/F Violations: Yes o Prior Case No: Respondent Name(s) KC'4.L F. Roikrd c, - nRC ow ec/Agent/Contractor) Address PO__..$,K 4yj? City _, ,gc,_nc __ State_ Zip �3539 Phone#Ca'Sa 4S1 963 uttFax#/Email Corporate Name & Registered agent Violation Type: Project Type: Authorizations Required: Site Visits Respondent Site Visits Respondent fYNo Permit �.Private/Community ] Permit Condition A. Gov: /Public ❑ Major CAMA El�� D&F Present �� El — = fly— . Present El ❑ Expired Permit ❑ Commercial N General �` ❑ ❑ ❑' Inconsistent w/ Rules Tier Level: 1 II III ❑ 11 Violation Location and Site Description Project Location: County l,..J'r c Street Address/ State Road/ Lot #(s) ) Sry Ww)rrJt =S)Gn �t�d_ Lai 4$ I SR 01)R6 Subdivision�,Vd,)n�} ZSland E.Sicit, City O"ran c y ZIP 013 9 Phone # ( _) River Basin PU 1q'J& c�lC Adj. Wtr. Body C,n,1 +0 n. av (nat anjunkn) Closest Mai. Wtr. Body Q,rr A'c-C 50 ,..J Lat/Long 3f ,a443SS` `-. 7-T.S0 )J.S' W Shoreline Length ± 1051 SAV: Not Sure Yes (:9) Sandbags: Not Sure Yes PNA: Yes Adjacent ORW_ l lan. Yes Yes Adjacent -C-,rit. Photos es (ffe: ' —Pie - No Waiver Required Yes 45E-1) In DWQ Buffer Area Yes (5P Specify DWQ Buffer if applicable: Restoration 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 Willful/Intent. Continuing Investigative JX Extension Granted Yes No Restoration Letter Acceptance Date 7J.0409 Ref. Recomm. Assess, DCM Assess. $ aoo . (Do $ $ Ca $a}.00 Total I,a�I IAKI I a 9nli :D DCM- MHD CITY Formal Assessments, Appeals and Reductions Date Long Form Submitted Assessment Appealed: Yes No Date Formal CPA Submitted rl 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: �* CW C_E1� PTA r OEA HHF IH UBA N/A PWS: FC: Other. Restoration Required by the Respondent Yes / No Wetlands Impacted? Yes Al�' If yes, which types: SA DS CJ SY JR LS TY SS Sc SP IF BF 404 NOTES Ll r.n 5. .�rh (Krc.p.. \ IoycS @ ojJrc.55 G. ,' �\.l L... K 599-0—+cI-1 In�y� �l-\ JAN Closing - MHD CITY Payment Received $ Date Date Case Closed