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