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HomeMy WebLinkAbout17-26A PeelM&W Coastal Management ENVIRONMENTAL QUALITY November 2, 2017 Dr. Joseph and Carolyn Peel 1525 Rivershore Road Elizabeth City, NC 27909 ROY COOPER Governor MICHAEL S. REGAN Secretary BRAXTON C. DAVIS Director RE. Payment of Proposed Penaltyfor Violations of the Coastal Area Management Act, Pasquotank County, CAMA Violation #17-26A Dear Dr. and Mrs. Peel: This letter will acknowledge receipt of check #7592, in the amount of $432.00, and dated 10/31/17. 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 Jennil4zs, District Manager Northeastern District Division of Coastal Management FJ/eg cc: Roy Brownlow, Compliance Coordinator, DCM, Morehead City Lynn Mathis, Coastal Management Field Specialist, DCM RECEIVED NOV 13 2017 DCM_ MHD CITY ^ Nothing Compares State ofNorlh Camlma I Environmental Quality I Coaeml Manapmmt 401 S. Griffin St., Ste 3001 Ehabeth City, NC 27909 252-264-39011252-331-2951 [6a] DCM ENFORCEMENT TRACKING REPORT I _ / J Issuer Violation Case No. I7 —'ZICA' Field nip. � CNN �✓t"rn(s Comp/liance Rep. 177 Permit No. LpO��M Titpiu7rt tEl (if applicable) LPJ Violation Description Was activity pennittable? Yes / No Initial Discovery Date o Discovery Method D{2Lt & G t�j� — t/i51(�li� !'rtCua��ji/'�)�`v✓�}� Violation Description �lk4o CX!&.d.l I rrU7— ItiiD 77jL ftL✓Fi — S�'TXU&G Respondent Information Prior CAMA or D/F Violations: Yes / No Prior Case o: Respondent Names) Jos s Artb(.ctN I Qndown /Agent/Contractor) Address a4+f) City 'e�GIZ _ State Zip lr909 Phone # 3�j5 — (oCl Z Fax #/Email Corporate Name 8 Re Istered a ent Violation Type: Project Type: Authorizations Required: Site Visits - Respondent Site Visits Respondent Present Present ® No Permit ® Private/Community []. Major ® CAMA 5tf, ' 9a Permit Condition Govt./Public Minor DRF -'----= Q Q Expired Permit ❑ Commercial General ❑ El Inconsistent w/ Rules Tier Level• I II III Violation Location and Site Description Lat/Long Project Location: County 545 (�t�r�l 1A. r— Street Address/ State Road/ Lot #(s) tS2S l�.vb2srFvt� 7rt� Subdivision q City —IIZd�frrT GrZIP Phone # ( _) River Basin Adj. Witt. Body (net /man /unkn) Closest Mail. Wk. Body NOV Date CNOV Date Penalty Assessment Sent to Respondent Date Rovd. by Dist. Mgr. Date Assessment Extended Yes No RECEIVED Initial Req. Comp. Date Date Comp. Observed App./permit Fee Penalty Willful/intent. Continuing Shoreline Length / Sy SAV: Not Sure Yes .dam Sandbags: Not Sure Yes Kffa, PNA: Yes d M Adjacent ORW: Yes dgT Adjacent Crit. Hab. Yes lnip Photos 69 No Waiver Required Yes CM> In DWQ Buffer Area Yes 09)� Specify DWQ Buffer if applicable:_ Extension Granted Yes No Restoration Letter Acceptance Date 7J.0409 Ref. Recomm. Assess. DCM Assess. Is toi $ $ 0"0 . r90 $ $ $ $.l9a Is Total DCM- MHD CITY 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 Letter Sent Date Demand Letter Sent Violation Activities and Impacts AECs Affected: Wetlands Impacted? Yes (moo If yes, which types: CW ()Sp PTA C� PTS OEA HF 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 Yes CP Dimensions in excess - Dimensions to restore Final dimensions of permit/ unauthorized activities allowed Actually restored Development Activities Habitat Description krI iQ901, Closing Payment Received $ Date Date Case Closed CAMA VIOLATION #17-26A Dr. Joseph Peel and Carolyn Peel AGREEMENT TO PAY PROPOSED CIVIL ASSESSMENT I/we understand that the staff of the Department of Environmental Quality will propose the assessment of a civil penalty in the amount of $432.00 for a violation of the Coastal Area Management Act, NCGS 113A-100 et sec, committed on and adjacent to our property located at 1525 Rivershore Road in Elizabeth City, North Carolina. In order to resolve this matter with no further action or expense on our part, I/we accept responsibility for the violation as described in the Notice of Violation letter dated October 4, 2017, and agree to pay the proposed civil assessment of $432.00. DATE ReceNed DCM-EC (Either addressee may sign) ADDRESS Z3l����� TELEPHONE NUMBER RECEIVED NOV 13 2017 ®CM- MHD CITY ROY COOPER C „ n', � cm Coastal Management ENVIRONMENTAL QUALITY NOTICE OF VIOLATION October 4, 2017 CERTIFIED MAIL 7013 2250 0000 6213 5382 RETURN RECEIPT REQUESTED Dr, Joseph Peel and Carolyn Peel 1525 Rivershore Road Elizabeth City, North Carolina 27909 MICHAEL S. REGAN BRAXTON DAVIS Ulrtxlar' RE: NOTICE OF VIOLATION AND REQUEST TO CEASE UNAUTHORIZED DEVELOPMENT CAMA VIOLATION #1 7-26A Dear Dr. and Mrs. Peel: This letter confirms that on October 3, 2017, 1 was adjacent to your property located at 1525 Rivershore Road in Elizabeth City, North Carolina. The purpose of the visit was to investigate the unauthorized installation of a boat ramp adjacent to, and over, the Pasquotank River. Information gathered for the Division of Coastal Management indicates that major development was undertaken in violation of the Coastal Area Management Act (CAMA). No person, organization or corporation 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 you did undertaken, or are legally responsible for the construction and installation of a ramp over a riprap alignment for the purpose of storing and off-loading a vessel into the Pasquotank River. This activity took place in Estuarine Shoreline, Estuarine Waters and Public Trust Waters which are designated as Areas of Environmental Concern (AEC), and subject to the permitting requirements of the CAMA. Based on a finding that no permit was issued for the ramp, I am initiating an enforcement action by issuing this Notice of Violation. I am requesting that you CEASE AND DESIST any further unauthorized development. A civil assessment plus investigative costs may be assessed against any violator, any violator. Each day that the development described in this Notice is continued or repeated may constitute a separate violation and may be subject to additional assessments. An injunction or criminal penalty may also be sought to enforce any violation 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 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 will be notified as to the amount of the civil assessment for undertaking development without first obtaining the proper permiR ECEIVED OCT 13 2017 State of North Carolina I FFavrtonmental Quality I Coastal Management D M M m r1 /1 H D CITY 401 S. Griffin Street I Suite 300 I Elizabeth City, NC 27909 i V� 7� l�,J 951 f 252-264-3902I252-331-2 ,—, Joseph and Carolyn Peel October 4, 2017 Page 2 In accordance with the North Carolina Administrative Code, Title 15A NCAC O7J .0201: "After March 1, 1978, every person wishing to undertake development in an area of environmental concern shall obtain a permit from the Department, in the case of a major development or dredge and fill permit, or from the local permit officer, in the case of a minor development permit, unless such development is exempted by the Commission". Based upon review of the Coastal Area Management Act, Coastal Resource Commission's rules, and the local jurisdiction's Land Use Plan, while you failed to obtain the required permit, the activity undertaken appears consistent with the Division's Rules and could have been authorized through the CAMA Major Permit process. Therefore, restoration of the impacted area is not requested. If you have any questions about this or related matters, please do not hesitate to call me at (252) 264-3901. Sincerely, Lynn W. Mathis Field Specialist Cc: Frank Jennings, District Manager, NCDCM Roy Brownlow, Compliance Coordinator, NCDCM File RECEIVE® OC r 13 2017 Coastal Management ENVIRONMENTAL QUALITY October 24, 2017 CERTIFIED MAIL 7013 2250 0000 6213 5399 RETURN RECEIPT REQUESTED Dr. Joseph Peel and Carolyn Peel 1525 Rivershore Road Elizabeth City, North Carolina 27909 RE: CANA VIOLATION 917-26A Dear Dr. and Mrs. Peel: ROY COOPER Gavemar MICHAEL REGAN Secretory BRAXTON DAVIS Director This letter is in reference to the Notice of Violation dated October 4, 2017, that Lynn Mathis, representative for the Division of Coastal Management, issued to you for the unauthorized placement of a boat ramp adjacent to, and over, the Pasquotank River, at 1525 Rivershore Road, in Elizabeth City, North Carolina. The violation involved the Estuarine Shoreline, Estuarine Waters and Public Trust Waters, which are Areas of Environmental Concern designated by the Coastal Resources Commission. The activity undertaken appears consistent with the Division's Rules and could have been authorized through the CAMA General Permit process. Therefore, restoration of the impacted area was not requested. The Coastal Area Management Act provides that a civil assessment of up to $10,000.00 plus investigative costs may be assessed for any major 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 $432.00 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 $432.00 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 then have the opportunity to request a hearing on the penalty or request settlement of the penalty. RECEIVED OCT 3 0 2017 DCM- MHD CITY State of North Carolina I Eavllanmental Quality I Coastal Management 401 S. Gn in Street I Suite 3001 Elizabeth City, NC 27909 252-264-3901 T 4l Dr. Joseph Peel and Carolyn Peel October 24, 2017 Page 2 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 Jen ings District Manager, Northeastern District NC Division of Coastal Management Enclosures cc: Roy Brownlow, Compliance Coordinator, DCM Lynn Mathis, Field Specialist, DCM RECEIVED OCT 8 0 2017 DCM- MHD CITY DCM ENFORCEMENT TRACKING REPORT Issuer 'field R � CNN Mi✓t'rnrS }i'-x� :ompliance Rep. ❑ LPO Rl?, _E&a TI+&wTWt ❑ Violation Description Initial Discovery Date c901 Discovery MethodIf Violation Description Prior CAMA or D/F Violations: Yes / No Violation Case No. 17 — 27 A - Permit (if applicable) Was aoNity pennittable? Yes / No T ✓AL, — ✓. /.t /11li.� f Case No: cJ. ✓LO —� Respondent Name(s) J056FIA i C ~lid I-L*'-V Address tit i Stlrvr F e?c e4r) City �5Ll%. C!T� state zip 274a9 Phone # 3'J5 — �foCf Z Fax #/Email Corporate Name & Registered agent — Violation Type: Project Type: Authorizations Required: Site Visits Respondent Site Visits Respondent Present Present ® No Permit ® Private/Community ❑. Major ® CAMA RA ❑ Permit Condition Govt./Public ❑ Minor El D&F El El Permit Commercial General Inconsistent w/ Rules Tier Level' I II III Violation Location and Site Description Lat/Long Project Location: County `A{ Cup fdrLi- Street Address/ Stale Road/ Lot #(s) ►S2SII 11yt->tr, &vtc 7rvtD Subdivision_ L b city LlZd'ib'rt CrT`( ZIP Phone # ( River Basin Adj. Wh. Body (nat/man lunkn) Closest Maj. Wh. Body NOV Date CNOV Date Penalty Assessment Sent to Respondent Date Rcvd. by Dist. Mgr. Date Assessment Extended Yes No RECEIVED OCT 3 0 ZOV DCM- MHD CITY Initial Req. Comp. Date Date Comp. Observed App./Permit Fee Penalty Willful/Intent. Continuing Investigative Shoreline Length f Se t SAV: Not Sum Yes rdt9 Sandbags: Not Sure Yes Afm PNA: Yes da Adjacent ORW: Yes Adjacent Crt. Hab. Yes Photos t® No Waiver Required Yes <07 In DWD Buffer Area Yes & Specify DWQ Buffer if applicable: —I Extension Granted Yes No Restoration Letter Acceptance Date 710409 Ref. Recomm. Assess. DCM Assess. $ gr9-Coe--, $ $ ao $ $. $ Total ,!?j.G 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 Letter Sent Date Demand Letter Sent Violation Activities and Impacts AECs Affected: Wetlands Impacted? Yes If yes, which types: CW PTA �gD PTS - OEA HF 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 er Dimensions in excess Dimensions to restore Final dimensions Actually restored of permit/ unauthorized activities allowed Development Activities Habitat Description NOTES LaJFr�� w�4�st� L—✓J ry 2 M�7�1� � �— �rL ld��iTG1sz HECEIVED DrM_ 11Aur. C TY Closing Payment Received $ Date Date Case Closed CAMA VIOLATION #17.26A Dr. Joseph Peel and Carolyn Peel AGREEMENT TO PAY PROPOSED CIVIL ASSESSMENT I/we understand that the staff of the Department of Environmental Quality will propose the assessment of a civil penalty in the amount of $432.00 for a violation of the Coastal Area Management Act, NCGS 113A-100 et sue, committed on and adjacent to our property located at 1525 Rivershore Road in Elizabeth City, North Carolina. In order to resolve this matter with no further action or expense on our part, I/we accept responsibility for the violation as described in the Notice of Violation letter dated October 4, 2017, and agree to pay the proposed civil assessment of $432.00. DATE SIGNATURE (Either addressee may sign) ADDRESS TELEPHONE NUMBER RECEIVED OCT 3 0 2017 DCM- NIHD CITY