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Home My WebLink About14-18A ParrASIA 01-e� NCDEE R North Carolina Department of Environment and Natural Resources Pat McCrory John E. Skvada, III Governor Secretary NOTICE OF VIOLATION August 15, 2014 CERTIFIED MAIL 7012 3460 0002 0625 5252 RETURN RECEIPT REQUESTED Richard Parr 202 Soundward Lane Hertford, North Carolina 27944 RE: NOTICE OF VIOLATION AND REQUEST TO CEASE UNAUTHORIZED DEVELOPMENT CAMA VIOLATION #14-18A Dear Mr. Parr: This letter confirms that on August 7, 2014, 1 was onsite at lot 22-A Holiday Island on Soundward Lane adjacent to you dwelling in Holiday Island, Perquimans County, North Carolina. The purpose of the visit was to investigate unauthorized development involving the placement of approximately 60 bags of uncured concrete mix in the water along a man-made canal off of the Albemarle Sound. This letter also confirms our meeting on August 14, 2014, in the offices of the NC Division of Coastal Management in Elizabeth City. Based on the information you provided, and gathered by me for the Division of Coastal Management, the property in question is owned by Pamela Kuykendall. The development undertaken within the last three months was without the knowledge of the owner. The placement of uncured concrete mix in Estuarine Waters was undertaken 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 placement of uncured concrete bags on, and adjacent to, property owned by Pamela Kuykendall without her knowledge. This activity took place in Estuarine Water and the Estuarine Shoreline which are contiguous with the Albemarle Sound. Estuarine Waters and Estuarine Shorelines are designated as Areas of Environmental Concern (AEC). No CAMA permit was issued to you for work in these Areas, and based on these findings I am initiating an enforcement action by issuing this Notice of Violation for a 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 unauthorized 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 tile; RECEMM 1367 US 17 South, Elizabeth City, NC 27909 AUG 21 2014 Phone: 252-264-39011 FAX: 252-264-3723 ; Internet: www.n=astalmanagement.net An Equal Opportunity 1 Affirmative Action Employer Richard Parr August 15, 2014 Page 2 is subject to. an additional assessment of $10,000. An injunction or criminal penalty may also, besought to enforce'anyviolation 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. 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, the placement of approximately 60 bags of uncured concrete mix in a man-made canal in Estuarine Water and the Estuarine Shoreline, is not consistent with the permit conditions for the issuance of a CAMA General Permit for shoreline erosion control structures, and is therefore not permitted: 07H .1104 Specific Conditions (d) This permit shall not be applicable to proposed construction where the Division of Coastal Management has determined, based on an initial review of the application, that notice and review pursuant to G.S. 113A-119 is necessary because there are unresolved questions concerning the proposed activity's impact on adjoining properties or on water quality; air quality; coastal wetlands; cultural or historic sites; wildlife; fisheries resources; or public trust rights. Management objectives for Estuarine Waters and Estuarine Shorelines promote the conservation and management of their important features to protect and perpetuate their aesthetic, biological, and economic values. Development within these waters and shorelines should avoid, mitigate or reduce adverse impacts. Therefore, I am requesting that all concrete bags be removed and relocated to a high ground site no less than 30' from normal water level. Relocation should not be on lot 22-A without permission of the owner. 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. I request that you contact me, immediately. Richard Parr August 15, 2014 Page 3 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. Sincerely, Lynn W. Mathis Field Specialist NC Division of Coastal Management Cc: Frank A. Jennings, III District Manager, DCM Roy Brownlow, Compliance Coordinator, DCM Anthony Scarbraugh, DWQ Raleigh Bland, USACE Pamela Kuykendall, Property Owner ENCLOSURE RECENED AUG 21 2014 DCNr-MffD CrrY RESTORATION PLAN For Richard Parr On property owned by Pamela Kuykendall Lot 22-A, Soundward Lane, Holiday Island CAMA Violation No. #14.18A 1) Remove all concrete bags from the shoreline and place no less than 30' from normal water level. 2) If relocated on the Kuykendall property it is recommended that you obtain permission prior to relocation. 3) Prior to undertaking any future development in the water of or within 75' of normal water level authorization will be required from the NC Division of Coastal Management. Failure to obtain authorization prior to development will be considered "Willful and Intentional" Violation and may subject you to a substantially higher penalty. I, Richard Parr, agree to remove all bags of concrete mix from the shoreline as noted above. 1 agree to complete this restoration to the satisfaction of the Division of Coastal Management (DCM) by September 16, 2014, 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. AUG 21 2014 DC.V,V ?DOTTY DCM ENFORCEMENT TRACKING REPORT 1�1 7/1 tt, / r Z7�lY Issuer Rep. ,,rr/�/ _ ❑ diance Rep. ,t'.VA(A/ 4#i7-1-t S t- ❑ Violation Case -/V?t Permit No. (if applicable) Violation Description Was activity pennittable7 Yes Initial Discovery Date , ? Zcj/ Discovery Method J Violation Description 6 --Z- /15,,Z S ZIA&a' ,ee.0 $/clfE%c�.` /rV Aof Vie C'YLG�. /cYl�7NliG C�71ClGTL/IPE Respondent Information Prior CAMA or D/F Violations: Yes / No Prior Case No: Respondent Name(s) WIcif /i7e 0 /44/?2 (Landown ge ontractor)��G/r`/.#-nZ Address 2zg2 S,R,/414 M4,h2h Gn/ CRY /%2jF7JUJ . State'6�L zip -Z-79 Phone # YZG> 5 T L2- Fax #/Email Corporate Name & Registered agent Violation Type: Project Type: Authorizations Required: Site Visits Respondent Site Visits Respondent Present Present IM No Permit ® Private/Community ❑ Major � CAMA „ ❑ Permit Condition ❑ Govt./Public ❑ Minor D&F �-'� /—� ❑ ❑ ❑ Expired Permit ❑ Commercial w General ❑ ❑ ❑ Inconsistent w/ Rules Tier Level: I II III ❑ ❑ Violation Location and Site Description Project Location: County ��(i✓UN ✓IF1./f StreettAddress/ State Road/ Lot #(a) a _�G oAl 3cyA iJu69rtl9 (421; Subdivision 61.112410 /11j7• O j City tL-4.rt-L*2A zip Phone # ( _) River Basin Adj. Wtr. Body I�XV gL (net4fi�unkn) Closest Mel. Wtr. Body c ]Zz J n Lat/Long ?/� ° Z3' Shoreline Length r e SAV: <igsi5Yes No Sandbags: Not Sure Yes c2l[T) PNA: Yes &> Adjacent ORW: Yes t±r9D Adjacent Crit. Hab. Yes Photos No Waiver Required es W — In DWO Buffer Area Yes No Specify DWO Buffer it applicable: Restoration NOV Date CNOV Date Penalty Assessment Sent to Respondent Date Rcvd. by Dist. Mgr. Date Assessment Extended f Yes No liECF. vw Initial Req. Comp. Date Date Comp. Observed App./Permit Fee Penalty Willful/Intent. Continuing AUG 21 2014 ric-m-u'amCITY Extension Granted Yes No Restoration Letter Acceptance Date 7J.0409 Ref. Recomm. Assess. DCM Assess. $ vv $ $ 3�i $ $ S4 $ Taal b q (9 p Formal Assessments, Appeals and Reductions W Date Long Form Submitted Date Formal CPA Submitted Final Assessment $ Date 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 Letter Sent Date Demand Letter Sent Violation Activities and Impacts AECs Affected: Wetlands Impacted? Yes If yes, which types: CW EW PTA ES PTS OEA HHF IH UBA N/A SA DS CJ SY JR LS TY PWS: FC: Ss SC SP IF BF 404 Other: Restoration Required by the Respondent ,C.;' No Dimensions in excess Dimensions to restore Final dimensions of permit/ unauthorized activities allowed Actually restored -Development Activities - - -Habitat Description - - - - NOTES: L�, % /Lo /?/UD 4(0JZLEYJ iue /KicL-- — A 10/yJ%7z�-1>nagLTe Z014e ,l%/ 4il/eecc- e/e /i - Ar9/-i9, w dLLe F-I U e �'YJGN Sr/��C�jy /f%✓L/9 /1E�LiG—Y/�-SJ /!/Gf%i✓E �0-,( 3.73 = 1�el 5F Closing ,. Payment Received $ Date Date Case Closed Pat McCrory Governor xQ, NCDENR North Carolina Department of Environment and Natural Resources September 23, 2014 CERTIFIED MAIL 7012 3460 0002 0625 5283 RETURN RECEIPT REQUESTED Richard Parr 202 Soundward Lane Hertford, North Carolina 27944 RE. CAMA VIOLATION #14-18A Dear Mr. Parr: John E. Skvarla, III Secretary This letter is in reference to the Notice of Violation dated August 15, 2014 that Lynn Mathis, representative for the Division of Coastal Management, issued to you for the placement of approximately 60 bags of uncured concrete mix in the water along a man-made canal off of the Albemarle Sound, adjacent to your property, at lot 22-A Holiday Island, in Perquimans County. The violation involved Estuarine Water and the Estuarine Shoreline, which are Areas of Environmental Concern designated by the Coastal Resources Commission. Based upon the site visit conducted on September 23, 2014, by Lynn Mathis, 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 $10,000.00 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 $554.00 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 $554.00 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. RECEIVED OCT 01 2014 1367 US 17 South, Elizabeth City, NC 27909 DCM-MHD CITY Phone: 252-264-3901 1 FAX: 252-264-3723 ; Internet: www,nccoastalmanagement.net An Equal opportunity 1 Affirmative Action Employer Richard Parr September 23, 2014 Page 2 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. 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, / s ?71 Frank A. Jennings, III District Manager, Northeast District NC Division of Coastal Management FAJIIm Enclosure: Agreement to Pay Proposed Civil Assessment cc: Roy Brownlow, Compliance Coordinator, DCM, Morehead City Lynn Mathis, Field Specialist, DCM, Elizabeth City Anthony Scarbraugh, DWQ Raleigh Bland, USACE Pamela Kuykendall, Property Owner Richard Parr September 23, 2014 Page 3 CAMA VIOLATION #14-18A Richard Parr 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 $554.00 against me for violation of the Coastal Area Management Act, NCGS 113A-100 et sec, committed adjacent to my property at lot 22-A on Soundward Lane in Perquimans 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 15, 2014, and agree to pay the proposed civil assessment of $554.00. DATE SIGNATURE ADDRESS TELEPHONE NUMBER RECEIVED OCT 01 2014 DCM-MHD C1Ty DCM ENFORCEMENT TRACKING REPORT Ca nJ �1 Issuer Field Rep. ❑ Violation Case No. Compliance Rep. A/A/ #77t S EB �—G- LPO ❑ Permit No. (if applicable) LPJ Violation Description Was act vity perrnittable? Yes Initial Discovery Date , ') Z,01LI Discovery Method / Violation Description (off /g/jt„ $ UNLl1/ZcYJ !C/LE7-Z-" /rU GLb=,E A-f AnJ Respondent Information Prior CAMA or D/F Violations: Yes / No Prior Case No: Respondent Name(s) klau ltn 144le/L (Landown ge ontractor)��l^'t�-� Address 5AAV414 (. 072n tA< City 42jF22F) State 11 C Zip -Zn?( Phone # z/ZZ 55Z2 Fax #/Email Corporate Name & Registered agent Violation Type: Project Type: Authorizations Required: Site Visits Respondent Site Visits Respondent No Permit ®Private/Community ❑Major [V CAMA Present Present ❑ Permit Condition ❑ Govt./Public ❑ Minor IM D&F ❑ ❑ ❑ Expired Permit ❑ Commercial General - ❑ ❑ ❑ Inconsistent w/ Rules Tier Level: I III ❑ ❑ Violation Location and Site Description Lat/Long �/n ° Z3' "f'✓ Project Location: County �t�L(�.?./r 2r✓/sTulS ,,,/yyy111O Shoreline Length Street Address/ State Road/ Lot #(a) tYAI 5cy4A3a4t-w sAv: ciggFA3 Yes No y„ &— Sandbags: Not sure Yas CIM Subdivision_ AL610410 PNA: Yes dSV adjacent City �T72d6 ZIP 27�1 r{!% ORW: Yes � Adjacent Crit. Hab. Yes 6�--) Phone # ( _) River Basin Photos No Adj. Wtr. Body &101-6 (net n i2unkn) Waiver Required es W — ��cjMx�7 Closest Maj. Wtr. Body /�/,(1�,rAvhP .c' phi /'> In DWQ Buffer Area Yes No Specify DWQ Buffer d applicable: Restoration NOV Datef iSr�dru Initial Req. Comp. Date CNOV Date Date Comp. Observed Penalty Assessment Sent to Respondent Date 51pia%y App./Permit Fee Rcvd. by Dist. Mgr. Date Penalty Assessment Extended Yes No Willful/Intent. Continuing /�aP OCT 01 2014 Extension Granted Yes No Restoration Letter Acceptance Date 7J.0409 Ref. Recomm. Assess. DCM Assess. $ ZSU.ty $ $ ZS7J.a0 $ $ SNvo $ Total =EZZ01-42", 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 penalty1NOV Injunction to complete restoration Date Collection Letter Sent Date Demand Letter Sent Violation Activities and Impacts AECs Affected: ' Wetlands Impacted? Yes If yes, which types: CW EW PTA ES 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 No Dimensions In excess Dimensions to restore Final dimensions of permit/ unauthorized activities allowed Actually restored Development Activities Habitat Description-•' - - , NOTES: lh//�,. % ,Lot %/%- (Nfn[.a/ .4411J A,(o 7[_6-,eq Closing Payment Received $ Date Date Case Closed