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HomeMy WebLinkAbout06-17A Spruill..CAS Isb Arib _tbtt,�• Q.rb NCDENR ,ice North Carolina Department of Environment and Natural Resources, Division of Coastal Management Michael F. Easlev. Governor Charles S. Jones, Director Yhem G. Ross)r., Secretary February 8, 2007 James W. Spruill P.O. Box 997 Manteo, NC 27954 RE: Payment of Proposed Penalty for Violations of the Coastal Area Management Act, Dare County, CAMA Violation #06-17A Dear Mr. Spruill: This letter will acknowledge receipt of your Check #6833, in the amount of $200, and dated 02/07/07. 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, ext. 235. Sincerely, 71 Frank A. Jennings, III District Manager Northeast District FAJ/ybc cc: Ted Tyndall, Assistant Director, DCM, Morehead City Roy Brownlow, Compliance Coordinator, DCM, Morehead City 1367 U.S. 17 South, Elizabeth City, North Carolina 27909 Phone: 252-264-39011FAX: 252-264.37231Internet: www,nccoastalmanagement.net An Equal Opportunity 1 Affirmative Action Employer - 30% Recycled by Fiber Weight t James W. Spruill February 2, 2007 Page 3 of 3 CAMA VIOLATION #06.17A James Walton Spruill 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 $260 against me for violation of the Coastal Area Management Act, NCGS 113A-100 et seg, committed on or near my property at 55 Hammock Drive in Manteo, 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 May 17, 2006, and agree to pay the proposed civil assessment of $200. DATE SIGNATURE 1 S � C"l C�'rl'IYY�c� C��• ADDRESS TELEPHONE NUMBER 01-Mar-07 NC DIVISION OF COASTAL MANAGEMENT ENFORCEMENT RECORD CASE STATUS CASE NUMBER LAST NAME FIRST NAME BUSINESS NAME: CASErWO N 66-17A ISPRUILL 1JAMES Ct% CASE IS CLOSED I Previous Violations in Same ❑ AEC for Similar Activitl,- - NOV DATE CLOSURE DATE Elapsed Days AFFULIATION SECTOR — 5M712000 f RESPONSIBLE AGENT PRIVATE �_ �— XLINK: Duplicate Record 933 MAILING ADDRESS CITY STATE ZIP CODE PHONE NUMBER POB 997 MANTEO NC 27954- I Show Related Violations PROPERTY ADDRESS COMMUNITY WATERBODY NEAREST ROAD 55 HAMMOCK DR 1PIRATES COVE S/D IRCANOKE SOUND F DISTRICT OFFICE COUNTY DCM REPRESENTATIVE LPO CONTACT ECDO DARE 1JENNINGS Not Available VIOLATION TYPE AFFECTEDAEC(S) E] CW ❑ EW ❑ PTA © ES ❑ PTS MAJOR CAMA ❑ OEA ❑ HHFA ❑ IHA ❑ PWS ❑ NCRA NATURE OF VIOLATION AEC DESCRIPTION uthorized major development by constructing a deck in the CW and ES AECs adjacent to the Roanoke Sound. RESTORATION STATUS RESTORATION REQUIRED RESTORATION NOT REQUIRED - CONTRACTOR I� RESTORATION NOT REQUIRED - PERMITTABLE DEVELOPMENT RESTORATION NOT REQUIRED- FURTHER IMPACTS ❑ RESTORATION PENDING RESTORATION REQUEST DATE COMPLETION DATE 6/16/2006 1 12/14/2006 RESTORATION EXTENDED RESTORE DATE DEADLINE EXTENDED ❑ REFERRED TO AG'S OFFICE - INJUNCTION INJUNCTION REFER DATE:. F_ ❑ REFERRED TO AG'S OFFICE - COLLECTION COLLECTION REQUEST DATE: I ASSESSMENT DATE PENALTY AMOUNT COLLECTION DATE AMOUNT COLLECTED PENALTY STATUS � � $2 00 2/2/2007 $200 2/8/2007 PENDING ElPENALTY ISSUED WILLFUL &INTENTIONAL PENALTY (MIN. OR DOUBLED) ❑ CNOV ISSUED r—CNOV DATE PENALTY NOT ISSUED ❑ PENALTY APPEALED F—APPEAL DATE ❑ CONRACTOR'S FIRST OFFENSE ❑ FORMAL CPA ISSUED F_ FORMAL CPA DATE ❑ SETTLED. AGREED UPON. STIPULATED PENALTY —SETTLEMENT DATE ❑ UNCOLLECTIBLE PENALTY 1 UNCOLLECTIBLE DETERMINATION DATE Violations Involvino Adversely Impacted Resources AMOUNT OF ADVERSELY DISTURBED AREA (SO - FT.) AMOUNT OF RESTORED AREA (SO. FT) NOTES North Carolina Michael F. Easley, Governor tLSB && RB TB MTT ANZA FRB NCDENR Department of Environment and Natural Resources Division of Coastal Management Charles S. Jones, Director February 2, 2007 CERTIFIED MAIL RETURN RECEIPT REQUESTED James W. Spruill P.O. Box 997 Manteo, NC 27954 RE: CAMA VIOLATION #06-17A Dear Mr. Spruill: William G. Ross Jr., Secretary FEB 0 6 2007 Morehead City OCM This letter is in reference to the Notice of Violation dated May 17, 2006 that I issued to you for construction of a 40-foot long and 12-foot wide triangle -shaped deck at 55 Hammock Drive in Manteo, Dare County. The violation involved Coastal Wetlands and Estuarine Shoreline, which are Areas of Environmental Concern designated by the Coastal Resources Commission. Based upon the site visit conducted on December 14, 2006 by John Cece, the restoration requested appears to be complete to the satisfaction of the Division of Coastal Management. The Coastal Area Management Act provides that a civil assessment of up to $2,500 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 $200 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 $200 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. 1367 U.S. 17 South, Elizabeth City, North Carolina 27909 Phone: 252-264-3901 1 FAX: 252-264-37231 Internet: www.nccoastalmanagement.net An Equal Opportunity 1 Affirmative Action Employer — 50% Recycled 110% Post Consumer Paper James W. Spruill February 2, 2007 Page 2 of 3 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 - Division of Coastal Management FAJ/ybc Enclosures cc, M. d Tyndall, Assistant Director, DCM, Morehead City oy Brownlow, Compliance Coordinator, DCM, Morehead City James W. Spruill February 2, 2007 Page 3 of 3 CAMA VIOLATION #06.17A James Walton Spruill 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 $200 against me for violation of the Coastal Area Management Act, NCGS 113A-100 et sec , committed on or near my property at 55 Hammock Drive in Manteo, 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 May 17, 2006, and agree to pay the proposed civil assessment of $200. DATE SIGNATURE ADDRESS TELEPHONE NUMBER 27-Feb-07 NC DIVISION OF COASTAL MANAGEMENT ENFORCEMENT RECORD I CASE STATUS v •: CASE IS OPEN CASE IS CLOSED CASE NUMBER LAST NAME FIRST NAME BUSINESS NAME: O6-17A ISPRUILL FAMES F— NOV DATE CLOSURE DATE Elapsed Days 5/17/2006 �— Previous Violations in Same ❑ AEC for Similar Activities AFFLILIATION SECTOR RESPONSIBLE AGENT PRIVATE XLINK: Duplicate Record 933 MAILING ADDRESS CITY STATE ZIP CODE PHONE NUMBER POB 997 MANTEO NC 27954- F Show Related Violations PROPERTY ADDRESS COMMUNITY WATERBODY NEAREST ROAD 55 HAMMOCK DR 1PIRATES COVE IROANOKE SOUND DISTRICT OFFICE COUNTY DCM REPRESENTATIVE LPO CONTACT ECDO DARE JENNINGS lNot Available VIOLATION TYPE AFFECTED AEC(S) � CW ❑ EW ❑ PTA © ES ❑ PTS MAJOR CAMA ❑ OEA ❑ HHFA ❑ IHA ❑ PWS ❑ NCRA NATURE OF VIOLATION AEC DESCRIPTION major development by constructing a deck in the CW and ES AECs adjacent to the Roanoke Sound. RESTORATION STATUS', RESTORATION REQUEST DATE COMPLETION DATE vl RESTORATION REQUIRED 6/16/2006 112/14/2006 [ _ RESTORATION NOT REQUIRED - CONTRACTOR ❑ RESTORATION EXTENDED RESTORE DATE ❑ RESTORATION NOT REQUIRED DEADLINE - PERMITTABLE DEVELOPMENT .. EXTENDED ❑ RESTORATION NOT REQUIRED - FURTHER IMPACTS - ❑ REFERRED TO AG'S OFFICE INJUNCTION RESTORATION PENDING r- INJUNCTION REFER DATE: I ❑ REFERRED TO AG'S OFFICE - COLLECTION COLLECTION REQUEST DATE: F— LKENALTYSTATUS ASSESSMENT DATE PENALTY AMOUNT COLLECTION DATE AMOUNT COLLECTED 2/2/2007 $200 EJ PENDING ❑ WILLFUL & INTENTIONAL PENALTY (MIN. OR DOUBLED) IJ] PENALTY ISSUED ❑ CNOV ISSUED �rCNOV DATE PENALTY NOT ISSUED ❑ PENALTY APPEALED I APPEAL DATE ❑ FORMAL CPA ISSUED I- - FORMAL CPA DATE CONRACTOR'S FIRST OFFENSE -" ❑SETTLED. AGREED UPON, STIPULATED PENALTY SETTLEMENT DATE ❑ UNCOLLECTIBLE PENALTY F—UNCOLLECTIBLE DETERMINATION DATE Violations Involving Adversely Impacted Resources AMOUNT OF ADVERSELY DISTURBED AREA (SQ. FT.) 7— AMOUNT OF RESTORED AREA (SQ. FT) NOTES _i NCDENR North Carolina Department of Environment ant Division of Coastal Marl Michael F. Easley, Governor CERTIFIED MAIL RETURN RECEIPT REQUESTED Charles S. Jones, Director NOTICE OF VIOLATION May 17, 2006 RBT William G. Ross Jr., Secretary ^^r-- 1FuG! gt�.r�v uF7pr; VJ� .✓ 4i1 � r h4AY " 1 °t Z006 Mr. James Walton Spruill MOrehead City DCM P.O. Box 997 Manteo, NC 27954 RE: NOTICE OF VIOLATION AND REQUEST TO CEASE UNAUTHORIZED DEVELOPMENT CAMA VIOLATION #06-17A Dear Mr. Spruill: This letter confirms that on May 11, 2006, 1 was onsite the Pirates Cove residential dock at Hammock Village, slip 55, which is adjacent to your property located at 55 Hammock Drive, Pirate's Cove subdivision and adjacent to a man-made canal off Roanoke Sound in the Town of Manteo off US 64/264, Manteo Causeway, Dare County, North Carolina. While onsite, I observed a 40-foot long and 12-foot wide triangular -shaped deck, which had been constructed over wetlands, adjacent to the subdivision dock and on your property. 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.) 11 3A-1 18, I have information that indicates you have undertaken or are legally responsible for the construction of a 40-foot long and 12-foot wide triangular -shaped deck covering 264 square feet of Coastal Wetlands on the aforementioned property. This activity took place in Coastal Wetlands and the Estuarine Shoreline that are contiguous with the Roanoke Sound. Coastal Wetlands and Estuarine Shoreline areas are designated as Areas of Environmental Concern (AEC). No 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 activities within designated Areas of Environmental Concern. A civil assessment of up to $2,500 maybe 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 up to $2,500. An injunction or criminal penalty may also be sought to enforce any violation (N.C.G.S. 113A-126). 1367 U.S. 17 South, Elizabeth City, North Carolina 27909 Phone: 252-264-39011 FAX: 252-264-37231 Internet: www.nccoastalmanagement.net An Equal Opportunity 1 Affirmative Action Employer — 30% Post Consumer Fiber Paper Mr. James Walton Spruill May 17, 2006 Page 2 t It is the policy of the Coastal Resources Commission to levy a civil assessment of at least $350, not to exceed $2,500 against all violations of this nature. This is done to recoup some of the costs of investigating violations and/or to compensate the public for any damage to its natural resources. Whether a higher amount will be assessed depends on several factors, including the nature and area of the resources that were affected and the extent of the damage to them. Based upon the North Carolina Administrative Code, Title 15A, Subchapter 07H. State Guidelines for Areas of Environmental Concern, the activity you have undertaken, the construction of a non -conforming deck over Coastal Wetlands and the Estuarine Shoreline AECs, is not consistent with Section 07H.0208. Therefore, I am requesting that the unauthorized, non -conforming deck be removed, that you provide me with a copy of the Town of Manteo building permit that authorized this structure, and that you provide me with the name, address and telephone number of the contractor who constructed the unauthorized non- conforming structure. Please refer to the enclosed Restoration Plan. If you intend to cooperate with my request, please sign the agreement section of one of the attached Restoration Plans 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 these requirements. A site inspection will be made in the near future to determine compliance with this REQUEST TO CEASE AND DESIST. I request that you contact me immediately at (252)264-3901. Thank you for your time and cooperation in resolving this important matter. If you have any questions about this or related matters, I will be happy to discuss those with you. Upon completion of the restoration as requested in the Restoration Plan, 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's Rules. Sincerely, :tip/9��C.Tjz- Frank A. Jennings, III Coastal Management Representative FAJ/ybc cc, Ted Tyndall, Assistant Director, NC Division of Coastal Management (DCM), Morehead City Ted Sampson, District Manager, DCM, Elizabeth City Roy Brownlow, Compliance Coordinator, DCM, Morehead City ENCLOSURE. Restoration Plan - t Mr.JeJames Walton Spruill May 17, 2006 Page 3 RESTORATION PLAN For James Walton Spruill Property CAMA Violation No. 06-17A Property located at 55 Hammock Drive, Manteo, Dare County 41' AJop.7 C0NJF0PA410).SI uNAurHoglzr, I uArhm)iTea ()6Ck ro Pa R&740L d/ L�_ J;X/ST'N5 w I..�ALJcwr�Y•. �f I I I t I I A)&) — P1kEjvri S I 15111 COu� I I Q0C_ 1 1 I Cv}rv�+L_ I, James Walton Spruill, agree to remove the unauthorized, non -conforming structure and provide a copy of the Town of Manteo building permit that authorized this structure and also provide the name, address and telephone number of the contractor who constructed the deck. I agree to complete this restoration to the satisfaction of the Division of Coastal Management (DCM) by June 16, 2006, 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 levy a civil assessment of at least $350, or higher, against all violations of this type, depending upon the damage to the resources. If restoration is not undertaken or satisfactorily completed, a substantially higher civil assessment will be levied and an injunction sought to require restoration. DCM ENFORCEMENT TRACKING REPORT Field Rep. 52A1N/ N q3 � Issuer Violation Base No. (D _ P —� UABCD LPO — Violated Permit No. LPf (if applicable) Violation Description Was activity permittable7 Yes / No Initial Discovery Date f 11 06 Discovery Method SfsoRE kergJ L Violation Description �0 X /%Z ` �%� a 6L) C W' Respondent Information ' �f Prior Violations in same AEC: Yes / No Case Number -01 Respondent Names) TRMe,S /��4ocu 4Afk-Cf �� andow Agent/Contractor) Address Pv 0VX 9?q — City AMA)TeD State /i'_ Zip all YJ—Y Phone # Fax #. Violation Type: Project Type: Authorizations Required: Site Visits Respondent Site Visits Respondent No Permit �Privatelcommunity JX Major X CAMA Present S /f ❑ Present El ❑ ^ovGlPublic ❑-Minor—:-D&F�- 17 Expired Permit ❑ Commercial ❑ General ❑ ❑ N Inconsistent wl Rules Violation Location and Site Description EDSi/a-ID4 Rover File Project Location: County 6-ARE Shoreline Length aD Street Address/ State Road/ Lot #(s) sS�A/k �loGE SAV: Notsure Yes No Vj i 04 a Sandbags: Not Sure Yes No Subdivisiond r l RilTG s C00'P- PNA: Yes No Adjacent i City IYAAM AP - ZIP a i gJ `i ORW: Yes Crit. Hab. Yes No Adjacent No Phone # ( _) River Basin S Q V ITT" /t Photos Yes No (nat / nbnl Adj. Wtr, Body CAJ/V14- L- a Waiver Required Yes ' No J ko,+Ivo Lie SOyNr4 - In DWQ Buffer Area Yes No Closest Maj. Wtr. Body Specify DWQ Buffer if applicable: Restoration Extension Granted 7 O jO Comp. Date G Yes No —��0 NOV Date Initial Req. Restoration Letter CNOV Date _ Date Comp. Observed Acceptance Date Penalty Assessment Sent to Respondent Date Rcvd. by Dist. Mgr. Date Assessment Extended Yes No 7.1.0409 Ref. Recomm: Assess.: DCM Assess. ! App./Permit Fee V ! n �V• ! $ ;Z SO $ 2 ..� Penalty --S,i f/ lrJ—$ _—%DD $ Willful/intent. $ $ Continuing ------- $ $ — Other ---------._._.-- g---'-- $ — _ ' Total !)Is 0 SC9• 110 Formal Assessments, Appeals and Reductions Date Long Form Submitted Assessment Appealed Yes No Date Formal CPA Submitted — ;� Penalty modified Final Assessment S Data 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: OVO EW PTA ES PTS OEA HHF IH' PWS: FC: Restoration Required by the Respondent (es No Wet®lands Impacted? es No SS � P IF BF If yes, which types: LS TY 4D Dimensions in excess of permit/ unauthorized activities Dimensions to restore I Final dimensions allowed Actually restored Development Activities 40EcK i ' W-F d � I Habitat Description i I i I i Closing Payment Received S____...__._.______._.._mate._---- Date Case Closed ___ CASE NUMBER LAST NAME FIRST NAME BUSINESS NAME: 06-17A ISPRUILL JAMES Previous Violations in Same ❑ AEC for Similar Activities NOV DATE CLOSURE DATE Elapsed Days AFFLILIATION SECTOR 5/17/2006 F' [— RESPONSIBLE AGENT 1PRIVATE MAILING ADDRESS CITY STATE ZIP CODE PHONE NUMBER POB 997 MANTEO NC 27954- F— PROPERTY ADDRESS COMMUNITY WATERBODY NEAREST ROAD 55 HAMMOCK DR IPIRATES COVE IROANOKE SOUND r DISTRICT OFFICE COUNTY DCM REPRESENTATIVE LPO CONTACT ECDO DARE 1JENNINGS r— VIOLATION TYPE AFFECTED AEC(S) �10 CW ❑ EW ❑ PTA ©ES ❑ PTS MAJOR CAMA J OEA ❑ HHFA I HA ❑ PWS ❑ NCRA NATURE OF VIOLATION major RESTORATION STATUS W; RESTORATION REQUIRED Ll RESTORATION NOT REQUIRED [ II RESTORATION NOT REQUIRED ❑ RESTORATION NOT REQUIRED ❑ RESTORATION PENDING 24-May-06 [CASE STATUS •:) CASE IS OPEN NC DIVISION OF COASTAL MANAGEMENT ENFORCEMENT RECORD J CASE IS CLOSED AEC DESCRIPTION by constructing a deck in the CW and ES AECs adjacent to the Roanoke Sound. RESTORATION REQUEST DATE COMPLETION DATE 6/16/2006 ❑ RESTORATION EXTENDED RESTORE DATE DEADLINE EXTENDED ❑ REFERRED TO AG'S OFFICE r- INJUNCTION INJUNCTION REFER DATE: I ❑ REFERRED TO AG'S OFFICE - COLLECTION COLLECTION REQUEST DATE:( r ASSESSMENT DATE PENALTY AMOUNT COLLECTION DATE AMOUNT COLLECTED PENALTY STATUS F— F— F— r— (__] PENALTY ISSUED ❑ WILLFUL &INTENTIONAL PENALTY (MIN. OR DOUBLED) J PENALTY NOT ISSUED ❑ CNOV ISSUED F—CNOV DATE JI CONRACTOR'S FIRST OFFENSE ❑ r PENALTY APPEALED I APPEAL DATE ❑ FORMAL CPA ISSUED FORMAL CPA DATE ❑ SETTLED. AGREED UPON. STIPULATED PENALTY FSETTLEMENT DATE ❑ UNCOLLECTIBLE PENALTY F—UNCOLLECTIBLE DETERMINATION DATE Violations Involving Adversely Impacted Resources CONTRACTOR PERMITTABLE DEVELOPMENT FURTHERIMPACTS AMOUNT OF ADVERSELY DISTURBED AREA (SQ. FT.) AMOUNT OF RESTORED AREA (SQ. FT) NOTES