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