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Home My WebLink About15-10A SpencePat McCrory Governor V4I RU EE R North Carolina Department of Environment and June 2, 2015 CERTIFIED MAIL No. 7012 3460 0002 0625 5368 RETURN RECEIPT REQUESTED James & Sandra Spence 136 Cedar Street Hertford, North Carolina 27909 4(Y1� Natural Resources Donald R. van der Vaart Secretary RE: STOP WORK ORDER AND NOTICE OF FAILURE TO APPLY FOR CAMA PERMIT CAMA MINOR VIOLATION #15-10A Dear Mr. and Mrs. Spence: This letter confirms that on May 20, 2015, 1 was onsite at your property located at 136 Cedar Street, Snug Harbor Subdivision, adjacent to Yeopim River, in Perquimans County, North Carolina. The purpose of the visit was to investigate unauthorized development involving the demolition of a 16' x 16' storage building and the subsequent reconstruction within the existing footprint of a screen porch (within 26' of normal water level), the placement of new 8' x 12' storage building within 75' of NWL, and the construction of a ramp adjacent to an existing deck within 75' of NWL. Information gathered by me shows that minor development has been undertaken and no CAMA Minor Development Permit has been issued for this development activity. No person may undertake minor development in a designated Area of Environmental Concern without first obtaining a permit from the North Carolina Department of Environment and Natural Resources, North Carolina General Statutes (N.C.G.S.) 113A-118. I have information that you have undertaken, or are legally responsible for, minor development by undertaking development aforementioned property without a permit. This activity took place in the Estuarine Shoreline that is contiguous with the Albemarle Sound. Estuarine Shoreline areas are designated as an Area of Environmental Concern (AEC). You are hereby requested to STOP WORK IMMEDIATELY and file the necessary application with this office for a CAMA Minor Development Permit by June 25, 2015. NO ADDITIONAL WORK MAY PROCEED UNTIL THE PERMIT IS ISSUED. If you comply voluntarily, no further action will be necessary beyond the issuance of a permit. Failure to file an application or continuation of work after receipt of this Notice may constitute a violation of the Act and you may be subject to civil and/or criminal penalties as provided by North Carolina General Statute (NCGS) 1 13A-1 26. 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 1367 US 17 South, Elizabeth City, NC 27909 RECEIVED Phone: 252-264-39011 FAX 252-264.3723 Internet: www.nocoastalmanaciement.net Equal Opportunity/AiFrtnative Action Employer JUN 08 2015 wj'M'"Y )�" James & Sandra Spence June 2, 2015 Page 2 of 2 criminal penalty may also be sought to enforce any violation in accordance with NCGS 113A-126. Since this is your first documented offense, there will be no assessment levied. However, if you are found in violation of the Coastal Area Management Act again, you should consider yourself as having been forewarned and expect a civil assessment to be levied against consistent with the North Carolina Administrative Code, Title 15A, Subchapter 7J, Section .0409, as adopted by the Coastal Resources Commission. Thank you for your time and cooperation in resolving this important matter. The relevant statutes and regulations are available from this office, and I am willing to assist you in complying with the requirements of the law. A site inspection will be made in the near future to determine whether this STOP WORK ORDER has been complied with. I request that you contact me immediately about these important matters. Sincerely, Lynn W. Mathis Field Specialist NC Division of Coastal Management Enclosures Cc: Frank Jennings, District Manager, DCM Roy Brownlow', Compliance Coordinator, DCM DCM ENFORCEMENT TRACKING REPORT Issuer Field Specialist sv '0. ,i)J1fIS LT. Violation Case No. LPO AIVAIC" ❑ Violated Permit No. A(14 LPJ (if applicable) Violation Description Was activity permittable7SP/ No Initial Discovery Date f4/1 *11 Ae, Discovery Method („ wj)e/P Violation Description ,)/),4,a /S�r/8')I CGil(�12,yYLIZi2�Z' S�2Gy�t�/C�✓7 /CMG/Y zl �pG S/1%%rxg- /U/1(t, i lI,, /E� 3� /l//✓l(%� /i�E� ^ loee ' /it, %f r!/GZ Respondent Information Prior LAMA or D/F Violations: Yes / No iiiiiiii r Respondent Name(s) �J�i�, Yl 51114tj4A Sl>fWCE (L nd er/AgenVContractor) Address % (��P017jZ t�&& City Ci'2 Di2/J State N(f. Zip Phone # Email Fax # Violation Type: Project Type Authorizations Required: Site Visits Respondent Site Visits Respondent IN No Permit Private/Community Major LkCAMA Present / Present Permit Condition Govt./Public � Minor F-1 D&F Expired Permit t] Commercial General Inconsistentw/ Rules Tier Level: a) II III Violation Location and Site Description Project Location: County Aeri ul"U/m/I Street Address/ State Road/ Lot #(a) 136 CO!�0/97'2 ST' Subdivision <r) Ut PA llyt finE City 11,d/lpn ZIP Phone #( _). River Basin / isyul y/L Adj. Wtr. Body Closest Maj. Wtr. Body NOV Date 1JLwg a `" Initial Req. Comp. Date CNOV Date Date Comp. Observed Penalty Assessment��([_ Sent to Respondent Date App./Permit Fee Rcvd. by Dist. Mgr. Date Penalty WillfuVintent. Assessment Extended Yes No Continuing Investigative Lat/Long &-CAL'fz:'/✓ Shoreline Length Z >/C , SAV' Not Sure Yes Nlr--� Sandbags: Not Sure Yes et> PNA: Yes e19 Adjacent ORW: Yes Adjacent Crit. Hato. Yes Photos ep No Waiver Required Yes In DWQ Buffer Area Yes Ca? Specify DWQ Buffer if applicable: 4/ 44 Extension Granted Yes No Restoration Letter Acceptance Date 7J.0409 Ref. Recomm. Assess. DCM Assess. $ $ $ $ $ $ $ $ Total RECEIVED 4 P0'lwjftkk,!- 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 Assessment Appealed: Yes No ❑ Penalty modified ❑ Respondent not responsive to penalty/NOV ❑ Injunction to complete restoration Date Collection Let. Sent Date Demand Let. Sent Violation Activities and Impacts AECs Affected: c� Wetlands Impacted? Ye No' - If yes, which types: CW EW PTA tC s PTS OEA HHF IH UBA N/A SA DS CJ SY JR LS TY PWS: FC: SS Sc SP IF BF 404 Restoration Required by the Respondent Yes No !!L /f/671 V1-+ V NOTES: 411 11 "'Y/// Arr 141J <I </?'-7.-J I ^V AA. Closing Payment Received $ Date Date Case Closed tq�/ DCM ENFORCEMENT TRACKING REPORT VP, Issuer Field Specialist ),ail ``�;'6�)7175 L°1" Violation Case No. LPO RlVAtC ❑ Violated Permit No. Al1/4 LPJ (9 applicable) Violation Description Was activity permittableAg/ No Initial Discovery Date >1ij'Discovery Method Ll�f9/�L�Pz�j Violation Description r%/ lam. Sr/d77 C'1'I16'2it4Z/24�' SC/LG-t✓ee-4 1SW11 L�1/i{/ZE llli�l� S/y�2�/�E �ii�74 ;✓L' •�%E'� 31 7f'h�r%!I� Respondent Information Prior CAMA or D/F Violations: Yes / No Respondent Name(s) J.4dif-,-ii: �i9MjRA S��E�1/rE jLa i NgenUContractor) Address 1,36, ��/J)£ 5;V6&/ Cdy E/?�-1�32/� State',_ zip Phone # Fax # Email Violation Type: Project Type: Authorizations Required: Site Visits Respondent Site Visits Respondent EXI No Permit Permit Condition ,{, Private/Community MajorCAMA Govt./Public Minor D&F ❑ Present Present ❑ ❑ Expired Permit ❑ Commercial General ❑ ❑ Inconsistent w/ Rules Tier Level: d.) II III ❑ ❑ Violation Location and Site Description Lat/Long 00-Fk- iV Project Location: County I��C32Qu4d� /1x.[I Shoreline Length Street Address/ State Road/ Lot #(a) SAV: Not Sure Yes Nfi % 3 6 (-&t)/}72 S / Sandbags: Not Sure Yes ?tp Subdivision S+i ii tI6 � 7 t"t /1 elf PNA: Yes �# Adjacent CRY l)7d iTi et) L zip �7�T y ORW: Yes l�Q Adjacent RECEIVED ----r. Crd. Hab. Yes �� Phone # ( _). River Basin f is'p4w i y/C Photos eq No JUN 12 1015 Adj. Wtr. Body Closest Maj. Wtr. Body NOV Date Initial Req. Comp. Date CNOV Date Date Comp. Observed Penalty Assessment /IVWI- - �. Sent to Respondent Date App./Permit Fee Rcvd. by Dist. Mgr. Date Penalty Assessment Extended Yes No WIIIfuUlntent. Continuing Waiver Required Yes VW In DWQ Buffer Area Yes GW Specify DWQ Buffer if applicable: 4) 14 Extension Granted Yes No Restoration Letter Acceptance Date 7J.0409 Ref. Recomm. Assess. DCM Assess. $ $ $ lei $ Is / $ Total Formal Assessments, Appeals and Reductions Date Long Form Submitted Date Formal CPA Submitted Final Assessment 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 Let. Sent Date Demand Let. Sent Violation Activities and Impacts AECs Affected: Wetlands Impacted? Ye<� If yes, which types: CW EW PTA d PTS -OEA HHF IH USA N/A SA DS cJ SY JR LS TY PWS: FC: SS SC SP IF BF 404 Other: Restoration Required by the Respondent Yes No .14 �/ ^ Dimensions in excess Dimensions to restore Final dimensions Actually restored of permit/ unauthorized activities allowed Development Activities - Habitat Description NOTES: &1 L£.4&1( j'"C�i �GE��EO ry 10� +N` Closing Payment Received $ ary Date Date Case Closed � I J MINo tR PCAM- rK2.o(SA 135L4cD