The URL can be used to link to this page

Home My WebLink About17-20A StevensCoastal Management ENVIRONMENTAL OUAUTV October 5, 2017 CORRECTED COPY Mark and Debora Stevens 1205 Stanridge Drive Raleigh, NC 27613 Gowmor MICHAEL S. REGAN secretary BRAXTON C. DAVIS Director RE. Payment of Proposed Penalty for Violations of the Coastal Area Management Act, Dare County, CAMA Violation #17-20A Dear Mr. & Mrs. Stevens: This letter will acknowledge receipt of check #3176, in the amount of $464.00, and dated 09/25/17. 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, `s Frank Jennings, District Manager Northeastern District Division of Coastal Management FJ/eg cc: Roy Brownlow, Compliance Coordinator, DCM, Morehead City Ron Renaldi, Coastal Management Representative, DCM Matt Tappero, Coastal Construction of North Carolina, Inc. —� Nothing Compares ---- State of North Caroline I Environmental Quality I Coastal Management 401 S. Griffin St., Ste 300 1 Elizabeth City, NC 27909 - 252.264-39011252-331-2951 [fax] Coastal Management ENVIRONMENTAL OUALITV NOTICE OF VIOLATION August 28, 2017 CERTIFIED MAIL #70151520 0003 5515 4431 RETURN RECEIPT REQUESTED Mark & Debora Stevens 1205 Stanridge Dr. Raleigh, NC 27613 ROY COOPER Gavemcr MICHAEL S. REGAN Secretary BRAXTON DAVIS Director RE: NOTICE OF VIOLATION AND REQUEST TO CEASE UNAUTHORIZED DEVELOPMENT CAMA VIOLATION #17.20A Dear Mr. & Mrs. Stevens: This letter confirms that on August 24, 2017, 1 met with Matt Tappero of Coastal Construction of North Carolina, Inc., your designated agent, onsite at your property located at 1049 Creek Road, adjacent to Jean Guite Creek and located in the Martins Point subdivision, Dare County, North Carolina. The purpose of the visit was to discuss CAMA General Permit #67302A (expired 1/20/2017) and investigate unauthorized development consisting of a pier, platform and boatlift within Jean Guite Creek. This letter also confirms our August 28, 2017 phone conversation. 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 Environmental Quality. 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 construction of a t16'xl 1' platform, a t12'x4' lower platform, a 12.5'xl2.5' four -piling boatlift, stairs extending from a walkway into coastal wetlands and a ±22' kayak rack cantilevered over coastal wetlands on the aforementioned property. This activity took place in Coastal Wetlands, the Public Trust Area and Public Trust Shoreline that are contiguous with Jean Guite Creek. The Coastal Wetland, Public Trust Area and Public Trust 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. 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 assessmentof $10,000. An injunction or criminal penalty may also be sought to enforce any violation in accordance with h IV C b 113A-126. AUG 31 2017 State of North Carolina I Environmental Quality I Coastal Management 401 S. Griffin Street I Suite 3001 Fheabeth City, NC 27909 CITY 252-264-39021252-331-2951 (fsc) D C, �r — -HD C I I i 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 the North Carolina Administrative Code, Tifie 15A, Subchapter 07H. State Guidelines for Areas of Environmental Concern, the installation of the cantilevered kayak rack and access stairs in the Coastal Wetland and Public Trust Shoreline AEC's, is not consistent with Section 7H.12050), which states that "Docking facilities shall have no more than six feet of any dimension extending over coastal wetlands and shall be elevated at least three feet above any coastal wetland substrate as measured from the bottom of the decking." The installation of the 4-piling boatlift within the Public Trust Area AEC is not consistent with Section 7H.1205(p), which states "Piers and docking facilities shall in no case extend more than 1/4 the width of a natural water body, human -made canal or basin. Measurements to determine widths of the water body, human -made canals, or basins shall be made from the waterward edge of any coastal wetland vegetation which borders the water body...." Based on aerial imagery measurements, the southeast piling of the boatlift extends 6' beyond the 1/4 width limit. Therefore, I am requesting the following: Removal of the cantilevered kayak rack. • Removal of the access stairs from the coastal wetland area. The access stairs may be relocated within the waters of Jean Guite Creek. Shift the four -piling boatlift 6' to the west such that is compliant with the 1/4 width limitation. 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 Confinuing 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) 808-2808. 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. Sincerely Rdi Coastal Management Representative Cc: Frank Jennings, District Manager, DCM Roy Brownlow, District Manager, DCM Matt Tappero, Coastal Construction of North Carolina, Inc. RECEIVED AUG 3 Y 20V DCM- MHD CITY ENCLOSURE RESTORATION PLAN For Mark & Debora Stevens Property CAMA Violation No.17-20A Property located at 1049 Creek Road, Dare County Removal of the cantilevered kayak rack. Removal of the access stairs from the coastal wetland area. The access stairs may be relocated within the waters of Jean Guite Creek. Shift the four -piling boatlift 6' to the west such that is compliant with the 1/4 width limitation. Wr Mark & Debora Stevens, agree to the above restoration plan. 1/* agree to complete this restoration to the satisfaction of the Division of Coastal Management (DCM) by September 28, 26, or provide an explanation for non-compliance and a reasonable request for time extension. When corrective actions ancomplete, I will notify the DCM so the work can be inspected. SIGNATURE: DATE: Ili the policy of the Coastal Resources Commission to assess a civil penalty plus investigative costs against all violations. The amount aRssed will depend upon several factors, including the nature and area of the resources that were aR a1i� `� dnage to them. If restoration is not undertaken or satisfactorily completed, a substantially higher civil assessmen wile ewe an irmction sought to require restoration. AUG 3 1 2017 DCM- MIHD CITY DCM ENFORCEMENT TRACKING REPORT Iss—uer/: � �1► Field Rep. 1`y Violation Case No. 1 1^41 LP o Violated6, -11018 Permit No. LPJ appocads) Violation Description Was activity permittable7 Yes Initial Discovery Date Q/.N.y�dol'� DiscoveryMethod L.%02 Violation Description CAMA or D/F Violations: Yes RespondentName(s) fAa'(4 s Address 1 a,o c c,+ r Act,-11 T City Phone # Loki 1 (.X1 - 141 t Fax # state fit zip a-4 d t j Email Violation Type: Project Type: Authorizations Required: Site Visits Respondent Site Visits Respondent Present No Parmit � Private/Community� Major � CAMA Minor D&F Present El El Condition Govt./Public ❑ ❑ Expired Permit �. Commercial t4 General O El Inconsistent w/ Rules Tier Level: I CV III Violation Location and Site Description Lat/Long 3t; Oct YRf9a /v, }s.3zYbaa' w Project Location: County far t_ Shoreline Length T aSO' Street Address/ State Road/ Lot #(s) l o Li9 e-rc V- R d SAV: Not Sure Yes < Sandbags: Not Sure o} 13 ,�Yes � pNp lL No Adjacent Subdivision t`1a r 1, n\ 1 {poi e,l ORW: Yes <f!q> Adjacent Oarc Cc„ndy ZIP d*r949 . Phone # ( River Basin p ., „ K Photos Yam/ No _) Adj. Wtr. Body �'• - t - ck (fiatjmanlunkn) Waiver Required Yes In DWO Buffer Area Yea CNo� Closest Maj. Wtr. Body (' rA. a.lL So..^ J Specify DWO Buffer if applicable: Restoration Extension Granted Yes No NOV Date 'w I >Z 1 CNOV Date Penalty Assessment Sent to Respondent Date Initial Req. Comp. Date 'Fl if/ Restoration Letter Date Comp. Observed Acceptance Date App./Permit Fee Penalty Rcvd. by Dist. Mgr. Date Assessment Extended Yes No RECEIVED AUG.S 12017 7J.0409 Ref. =AssessDCMMsess Cd Total 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 Let. Sent Date Demand Let. Sent Violation Activities and Impacts AECs Affected: _ WWI EW PT ES' OEA HHF IH UBA N/A Other: Restoration Required by the Respondent Ye No Wetlands Impactedy� No If yes, which types: DS CJ SY <M % LS TY SS SC SP IF BF 404 Dimensions in excess of permit/ unauthorized activities Dimensions to restore Final dimensions allowed Actually restored Development Activities in C.W. a '3X4'Jor ' as x 3' �A)4tlql4d 1 `1 Habitat Description - NOTES: Payment Received $ Date Date Case Closed C IV Coastal Management ENVIRONMENTAL QUALITY September 20, 2017 CERTIFIED MAIL #70151520 0003 5515 4462 RETURN RECEIPT REQUESTED Mark & Debora Stevens 1205 Stanridge Dr. Raleigh, NC 27613 RE: CAMA VIOLATION #17-20A Dear Mr. & Mrs. Stevens: ROY COOPER Governor MICHAEL REGAN Secretary BRAXTON DAVIS Dimctor This letter is in reference to the Notice of Violation dated August 28, 2017 that Ron Renaldi, representative for the Division of Coastal Management, issued to you for unauthorized development consisting of a pier, platform and boatlift at 1049 Creek Road, Martins Point, Dare County. The violation involved Coastal Wetlands, the Public Trust Area and Public Trust Shoreline, which are Areas of Environmental Concern designated by the Coastal Resources Commission. Based upon the site visit conducted on September 14, 2017 by Ron Renaldi, 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 $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 $464.00 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 $464.00 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 llii fp leake-th opportunity to request a hearing on the penalty or request settlement of the penalty. GENED SEP 2 5 2017 DCM- MHD CITY State of North Carolina I Environmental Quality I Coastal Management 401 S. Griffin Street I Suite 3001 Elizabeth City, NC 27909 252-264-3901 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 Jennings District Manager, Northeastern District NC Division of Coastal Management FAJ/rar Enclosures cc: Roy Brownlow, Compliance Coordinator, DCM Ron Renaldi, Coastal Management Representative, DCM Matt Tappero, Coastal Construction of North Carolina, Inc. RECEDED SEP 2 5 2017 DCM- MHD CITY CAMA VIOLATION #17.20A Mark & Debora Stevens 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 $464.00 against me for violation of the Coastal Area Management Act, NCGS 113A- 100 et sec, committed on or near property located at 1049 Creek Road in Dare County, North Carolina. In order to resolve this matterwith no further action or expense on my part, I accept responsibility for the violation as described in the Notice of Violation letter dated August 28, 2017, and agree to pay the proposed civil assessment of $464.00. DATE SIGNATURE ADDRESS TELEPHONE NUMBER RECEIVED SEP 2 5 2017 DCM- MHD CITY M� Coastal Management ENVIRONMENTAL QUALITY September 27, 2017 Mark and Debora Stevens 1205 Stanridge Drive Raleigh, NC 27613 ROY COOPER Cowmor MICHAEL S. REGAN Se-1-y BRAXTON C. DAVIS Director RECEIVED OCT 0 2 2017 DCM- MHD CITY RE. Payment of Proposed Penaltyfor Violations of the Coastal Area ManagementAc4 Currituck County, CAMA Violation #17-20A Dear Mr. & Mrs. Stevens: This letter will acknowledge receipt of check #3176, in the amount of $464.00, and dated 09/25/17. Once the amount of the check is credited to the Department of Environmental Quality's account, this matter will be fully and completely closed. If you have any further questions concerning this matter, please contact me at my Elizabeth City office at 252-264-3901. Sincerely, Frank Jennings, District Manager Northeastern District Division of Coastal Management FJ/eg cc: Roy Brownlow, Compliance Coordinator, DCM, Morehead City Ron Renaldi, Coastal Management Representative, DCM Matt Tappero, Coastal Construction of North Carolina, Inc. ---'�''Nothing Compares —. State ofNath Carolina I Environmental Quality I Coastal Management 401 S. Griffin St., Ste 3001 Elizabeth City, NC 27909 252-264-39011252-331-2951 [fax) R DCM ENFORCEMENT TRACKING REPORT RECEIVED Issuer - IFieldRep. 1`0"N ��A' O, - VolationCaseNo. j�" a��-----2 LUG/ LPO 13 Violated Permit e) "' i e,. c ITY LPJ ()« (if applicable) LJIr� ll�r Was activity permittable7 yes Volatlon vw --,--- Initial Discovery Date �1�,4T l} DiscoveryMethod ' ; L },,,.v fea �t J' a eeel lac 1..� I t }r } cn cA- (L'11�Q/13 axo./i Violation Description r LLt RespondentName(s) MurK 5 Address laoc ,;+. in r dr • IN - City Phone # (cau!��) w\1 - 11' T 1 _ Fax # Email rk aItc 19I-\ State wC. Zip a b t Violation Type: Project Type: Authorizations Required: SRe Veits RPesent nt Site Visits Respondent ❑ No Permit r9i ❑ Private/Community ❑ Major CAMA .$(.2Y.lka ❑ ❑ Permit Condition Govt./Public ❑ Minor LJ D&F 9 14 ,.ot} ❑ ❑ Expired Permit ❑ Commercial General ❑ ❑ Inconsistent w/ Rules Tier Level: I (y lIl Violation Location and Site Description Lat/Long 3( 048919- W Project Location: County (Dart Street Address/ State Road/ Lot #(s) lo44 Crc Y- R c) Subdivision i nt 0 rc Co 'Fy ZIP a --I Phone # ( _) River Basin Q e Adj. Wtr. Body y (�at)man /unkn) Closest Maj. Wtr. Body C 'A- 1( Suo,n NOV Date ad CNOV Date Penalty Assessment Sent to Respondent Date Rcvd. by Dist. Mgr. Date Assessment Extended Yes No Initial Req. Comp. Date Date Comp. Observed App./Permit Fee Penalty Willfuylntent. Shoreline Length t aSO' SAV: Not Sure Yes <E� Sandbags: Not Sure Yes JQ✓}o PNA: (!�;:) No Adjacent ORW: Yes <fT> Adjacent Photos (.�� No Waiver Required Yes In DWQ Buffer Area Yes Cflo� Specify DWQ Buffer if applicable Extension Granted Yes No 4/i¢/ i Restoration Letter H 4 1 dot Acceptance Date DCM Assess. $ W�00� $$$$ Total r Li 6 00 9 Formal Assessments, Appeals and Reductions Date Long Form Submitted J 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 ❑ Respondant not responsive to penalty/NOV ❑ Injunction to complete restoration Date Collection Let. Sent Date Demand Let. Sent Violation Activities and Impacts 7 AECs Affected: EW C PT S OEA HHF IH �BA N/A PWS: FC: Other: Wetlands Impacted?A6e �No If yes, which types: DS CJ SY <f—&) LS TY SS SC SP IF BF 404 Restoration Required by the Respond nt Ye No DI ensions in excess Dimensions to restore of permit/ unauthorized activities Final dimensions I Actually restored allowed $w,os in C.w. .211LW =3X4, or Cn &M. 94cv- t aiN X 3'- rnnt.l r a 11-X ' . NOTES: Payment Received $ Date .Date Case Closed RECEIVED CAMAVIOLATION #17.20A OCT 02'Z017 $ 1s 1 Mark & Debora Stevens DCM- M6;D CITY 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 $464.00 against me for violation of the Coastal Area Management Act, NCGS 113A- 100 et sue, committed on or near property located at 1049 Creek Road in 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 August 28, 2017, and agree to pay the proposed civil assessment of $464.00, ATE IV SIGNATURE '' ADDRESS Ra► .�� , �G Z76�3 TELEPHONE NUMBER