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HomeMy WebLinkAbout14-23A WrightOUR North Carolina Department of Environment and Natural Resources Division of Coastal Management Pat McCrory John E. Skvarla, III Governor Secretary NOTICE OF VIOLATION September 10, 2014 CERTIFIED MAIL #7012 0470 0002 0007 7320 RETURN RECEIPT REQUESTED Drew Wright 251 N. Dogwood Trail Southern Shores, NC 27949 RE: NOTICE OF VIOLATION AND REQUEST TO CEASE UNAUTHORIZED DEVELOPMENT CAMA VIOLATION #14-23A Dear Mr. Wright: This letter confirms that on June 2, 2014, , I met with you on your property located at 251 N. Dogwood Trail adjacent to the Currituck Sound located in or near Southern Shores, Dare County, North Carolina. The purpose of the visit was to investigate the unauthorized development of a four -piling boatlift as well as a pier and platform within a basin -like waterbody that connects to the Currituck Sound. This letter also confirms a follow-up site visit on September 3, 2014. 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 installation of a -13'x12' four -piling boatlift as well as a 16'x4' pier with a 11'xl0' platform on the aforementioned property. Additionally, an aerial photo review revealed that a 12'x4' drop -down platform was added to the existing docking facility located within the Currituck Sound. This activity took place in the Public Trust Area and Estuarine Waters that are contiguous with the Currituck Sound. The Public Trust Area and Estuarine Waters are designated as Area(s) 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 and the State's Dredge and Fill Law. 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 assessment of $10,000. An injunction or criminal penalty may also be sought to enforcWny,,,ID violation in accordance with N.C.G.S. 113A-126. 1367 US 17 South, Elizabeth City, NC 27909 SEP 12 %nI4 Phone: 252-264,3901 \ FAX: 252-264-3723 ; Internet: www.nocoastaimanagement.net An Equal Opportunity \ Affirmative Action Employer ' DctV:IVMC:TY Drew Wright September 10, 2014 Page 2 of 2 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 review of the Coastal Area Management Act, Coastal Resource Commission's rules, and the local jurisdiction's Land Use Plan, the activity you have undertaken appears consistent with the guidelines for Areas of Environmental Concern. However, the four -oiling boatlift appears to be located within the 15' riparian owner. Therefore, a signed written agreement waiving the 15' setback must be submitted to this office within 30 days for the four -piling boatlitt to remain in its current location. 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 my submission of an enforcement report to the District Manager, you will be notified as to the amount of a civil assessment for undertaking development without first obtaining the proper permit(s). 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. Sincerely, Ron Renaldi Coastal Management Representative Cc: Frank Jennings, District Manager, DCM Roy Brownlow, Compliance Coordinator, DCM ENCLOSURE DCM ENFORCEMENT TRACKING REPORT ^7 (1 Issuer Rep. Ron c , w Violation Case Rep. Permit t4-ON (if applicable) Violation Description Was activity permittable'. (�.)No Initial Discovery Date & /'a IAO I N Discovery Method 11 5, �._ V,5,7 a^ o�l4u.nt Or.. 0&4�)! Violation Description tQLgI4uc.Day, b�.J1,4 �,i}lna 14'Al�* 4-�yl,.w }ad�.� I} t14� drop-aow,.� n, 1-L.. _ 1. _...1._. , I I'1., 11101 � n,. 1 , _ or D/F Violations: Yes /tf iv Prior Case No: Respondent Name(s) Address, dSl IJ. I o Wood Tr1 City $,,v,fkLe Slvrci Stated_ Zip d}545 Phone#(d Fax#/Email dtfaw.wn;tr�,�'on�i;ncnu4).cwr Corporate Name & Registered agent Violation Type. Project Type: Authorizations Required. Site Visits Respondent Site Visits Respondent No Permit O r, tn'. Private/Community Q Major Present CAMA (� I.IahkolH Present ❑ Permit Condition. Govt./Public Minor D&F r.-1 ❑ Expired Permit ❑ Commercial General 14 ❑ ❑ ❑ Inconsistent w/ Rules Tier Level: I II) III ❑ Violation Location and Site Description Project Location: County bc, re - Street Address/ State Road/ Lot #(a) as 1 N, ZQ,iWad d Tr Subdivision CRY ZIP Ci-+,JL49 Phone # ( _) River Basin Qa 4 uD f� k Adj. Wtr. Body Qr J( $e d eTn- 6DIrran /unkn) Closest Maj. Wtr. Body 54..., Lat/Long Shoreline Length ±. t-100 SAV: Not Sure 6�sNo Sandbags: Not Sure Yes LINe PNA: Yes ® Adjacent ORW: arit Yes 41-a-) Adjacent I lab Photos Yea e (!:SD No Waiver Required ea No In DWQ Buffer Area Yes No Specify DWQ Buffer if applicable: Restoration NOV Date CNOV Date Penalty Assessment Sent to Respondent Date Rcvd. by Dist. Mgr. Date Assessment Extended Initial Req. Comp. Date Date Comp. Observed . App./Permit Fee Penalty Yes No I Willful/Intent. Continuing CEN$D Extension Granted Yes No Restoration Letter Acceptance Date 7J.0409 Ref. Recomm. Assess. DCM Assess. $ aoo.ov $ ^ u)i,'�� $ .o $ $ $ ca $ a.00 $ Total L� a� D O SE? 12 2`'LW ; cut'viHDGI Formal Assessments, Appeals and Reductions Date Long Form Submitted Assessment Appealed: Yes No Date Formal CPA Submitted ;Q. 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 � EFTA ES PTS OEA HHF IH UBA N/A SA DS cJ SY JR LS TY PWS: FC: SS SC SP IF BF 404 Restoration. Required by the Respdndent Yes No Dimensions in excess of permit/ unauthorized activities Dimensions to restore Final dimensions allowed Actually restored .;DBY9JOp]egt it eCtlVittf ar e y t" £ x w ? Ld 35 e..+w+%� 4a%� w �' a"^ a *.,�a.., Y&... 7r,7 �t{2bytat DesGi 4 n:fi �i.v_ r� ye,�::.¥' ., a� . , d.*n �'f < sr., NOTES: Closing , Payment Received $ Date Date Case Closed Pat McCrory Governor FMA DC ENR North Carolina Department of Environment and Natural Resources October 2, 2014 CERTIFIED MAIL #7012 0470 0002 0007 7368 RETURN RECEIPT REQUESTED Drew Wright 251 N. Dogwood Trail Southern Shores, NC 27949 RE: CAMA VIOLATION #14-23A Dear Mr. Wright: John E. Skvarla, III Secretary This letter is in reference to the Notice of Violation dated September 10, 2014 that Ron Renaldi, representative for the Division of Coastal Management, issued to you for the unauthorized development of a four -piling boatlift as well as a pier and platform at 251 N. Dogwood Trail, Dare County. The violation involved the Public Trust Area and Estuarine Waters, which are Areas of Environmental Concern designated by the Coastal Resources Commission. A 15' setback waiver was required from the adjacent riparian property owner to the north to allow the four -piling boatlift to remain at its present location. Our office received the signed 15' setback waiver on September 26, 2014 making removal and/or relocation of the four -piling boatlift unnecessary. 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 $427.00 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 $427.00 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 08 Ira 1367 US 17 South, Elizabeth City, NC 27909 DCM-BIµ Hy �y Phone: 252-264-3901 \ FAX: 252-264-3723 ; Internet: www.nocoastalmanagement.net An Equal Opportunity 1 Affirmative Action Employer Drew Wright October 2, 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, Frank Jennings District Manager, Northeast District NC Division of Coastal Management FAJ/rar Enclosure: Agreement to Pay Proposed Civil Assessment cc: Roy Brownlow, Compliance Coordinator, DCM, Morehead City Ron Renaldi, Coastal Management Representative, DCM, Elizabeth City TIER 2 CAMA VIOLATION #14.23 Drew Wright 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 $427.00 against me for violation of the Coastal Area Management Act, NCGS 113A-100 et sec, committed on or near my property 251 N. Dogwood Trail 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 September 10, 2014, and agree to pay the proposed civil assessment of $427.00. DATE SIGNATURE ADDRESS TELEPHONE NUMBER RECEIVED OCT 0 6 7MR DCM AKDM DCM ENFORCEMENT TRACKING REPORT ^� ^� Issuer Rep. Ron Kuna(c, V Rep. rt.....� St�cr<- 11 u Violation Case No. t 4-A3A Permit (if applicable) Violation Description Was activity permittable'_vO No Initial Discovery Date fo / a 1AO 14 Discovery Method 5; k V t a , } cw% a Aj-,,,,,,,,t fr�-A&Ji Violation Description QigI4uc� D4yr� bmil,4 1 'ii+� 4-gL1,12_1 bg,+ISiyaillj Il X4r ctro�•clnw.l Address aYl N. Cjo4wood Trl City $ }Ivrn {ure States_ Zip a}595 _T Phone #(AJ2-iea,(.-a91g Fax#/Email onQf�Aeau41. cy� Corporate Name & Registered agent Violation Type: Project Type: Authorizations Required: Site Visits Respondent Site Visits Respondent No Permit ,,, PdvatPublic unity O Major '--,,ff CAMA Present 6 �'° 14 tq� Present n Permit Condition. Govt./Public Minor D&F u u Expired Permit Commercial � General L G14 El ❑O Inconsistent w/ Rules Tier Level: I II III Violation Location and Site Description LaULong Project Location: County Lbo Street Address/ State Road/ Lot #(a) a 1 N. Nilaoe a -Tr) Subdivision city 6,. *h.rrn 5ZIP c3-+0149 Phone # ( i) River Basin Adj. Wtr. Body �rni.+i.IL 50 � �1cTnAArnan/unkn) Closest Maj Wtr Body Shoreline Length ±400 SAV: Not Sure C-r�- No Sandbags: Not Sure - Yes PNA: Yes ® Adjacent ORW: crt.11ab. Yes dim Adjacent -Yas Ne— RECEIVED OCT o 6 2014 DCM-MHD CITY Specify DWQ Buffer if applicable: Restoration NOV Date Ct-To-3ot4 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 Willful/Intent. Continuing Photos C� No Waiver Required es No In DWQ Buffer Area Yes No Extension Granted Yes No Restoration Letter Acceptance Date 7J.0409 Ref. Recomm. Assess. DCM Assess. $ aoo.ou, $ (Pc $ �. $ $ $ 0 $ a.00 Total ya,Do is Formal Assessments, Appeals and Reductions Date Long Form Submitted Assessment Appealed: Yes No Date Formal CPA Submitted ,O Penaltymodified 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 EW A ES PTS OFA 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 Yes No Dimensions in excess of permit/ unauthorized activities Dimensions to restore Final dimensions allowed Actually restored .•; t:;'.,.i ..> k£ z Habitat flescppt(on�', Z t �x NOTES: 'Closing Payment Received $ Date Date Case Closed 2527152530 12:07:34 p.m. 09-26-2014 1 !4 Io : " on CZen cL�d t �c�r� •• �'(2 Val � R,c� h'� C'• as • �s� • �.o l � RECEIVED ou 062M DCM-MHD Cny m -152530 12:08:23 p.m. 09-26-2014 ' , 4!4, ADJACENT RIPARIAN PROPERTY OWNER STATEMENT I hereby certify that I own property adjacent to property located at I on , in , N.C. (Waterbody) (City/rown and/or County) The applicant has described to me, as shown below, the development proposed at the above location. ;, S):F 18F4vty I have no objection to this proposal. I have objections to this proposal. �( Since no drawing has been supplied, this waiver applies only to the satiating boat Il t on the north side of the existing dock in front of 251 N Dogwood Trail - that Has within our riparian access as of 925114. This waiver does not apply to any additional moorings that currently Ile north of the boat IIft — also within our riparian access. In addition this waiver does riot apply to any tutus repair, replacement and or construction of docks, plars, moorings or boat lifts etc. within our riparian access. Peter Bom� David`-- 1 •. I understand that a pier, dock, mooring pilings, boat ramp, breakwater, boathouse, lift, or groin must be set back a minimum distance of IS from my area of riparian access unless waived by me. (if you wish to waive the setback, you must initial the appropriate blank below.) 1 do wish to waive the 16 setback requirement. For- r/NS /34vT,4iii ONr11 I do not wish to waive the 15' setback requirement. (Property J'tur N/3 '—e / f. lirei r 41 Mailing Address Clty/Sfats0p Telephone Number/emeAaddress Dave 'Valid for one calendar year after signature* (AdJttce t-properly Owner Information) I-F.5 b J LS DL`%c--rz.-- Telephone NN ber/erpall address Date* /ate* �/ (Revised Aug. 2014) RECEIVED Or.T 06W DCM-URD(011W AM 4 NCDENR North Carolina Department of Environment and Natural Resources Pat McCrory Governor October 13, 2014 Mr. Drew Wright 251 N. Dogwood Trail Southern Shores, NC 27949 John E. Skvarla, III Secretary RE: Payment of Proposed Penalty for Violations of the Coastal Area Management Act, Dare County, CAMA Violation #14-23A Dear Mr. Wright: This letter will acknowledge receipt of Cashier's Check #1040100421, in the amount of $427, and dated 10/09/14. 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. Sincerely, s ...ems Frank jetallings, District Manager Northeastern District Division of Coastal Management FJ/yc cc: �i y Brownlow, Compliance Coordinator, DCM, Morehead City Ron Renaldi, Coastal Management Rep., DCM, Elizabeth City RECEIVED OCT 16 2014 DCM-MHD CITY 1367 US 17 South, Elizabeth City, INC 27909 Phone: 252-26439011 FAX: 252-264-3723; Internet: httoJPoortal.ncdenr,org/web/Cmtdcm-home An Equal Opportunity I Alfinnalive Action Employer TIER 2 CAMA VIOLATION #14.23 Drew Wright 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 $427.00 against me for violation of the Coastal Area Management Act, NCGS 113A-100 et sec, committed on or near my property 251 N. Dogwood Trail 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 September 10, 2014, and agree to pay the proposed civil assessment of $427.00. '0/Y ATE z" SIGNATURE ADDRESS ,,��// / T 27SV9 TELEPHONE NUMBER RECEIVED OCT 16 2014 DCM-MHD CITY