HomeMy WebLinkAbout14-04A White�
Ed-E WR
North Carolina Department of Environment and Natural Resources
Pat McCrory
Governor
August 1, 2014
Mr. Edward L. White
1639-B Nixonton Road
Elizabeth City, NC 27909
John E. Skvarla, III
Secretary
RE. Payment of Proposed Penalty for Violations of the Coastal Area Management
Achy Pasquotank County, CAMA Violation #14-04A
Dear Mr. White:
This letter will acknowledge receipt of your Check #1334, in the amount of $446, and dated
07/29/14. 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,
� .-Vi
Frank Jennin s, District Manager
Northeastern District
Division of Coastal Management
FJ/yc
cc: ow, Compliance Co Ci
Lynn W. Mathis, Field Specialist, DCM, Elizabeth City
., Ruckm
17
AUG 0 7 2014
Dcm-mmC17y
1367 US 17 South, Elizabeth City, NC 27909
Phone: 252-2609011 FAX: 252.264-3723; Intemet httZoortal.nodenrorg/web/cm/dcm-home
An Equal Oppoaunity 1 Af nafive Acfion Employer
s
LAUG —1 2014
CAMA VIOLATION #14.04A
Ed White
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 $446.00 against me for violation of the Coastal Area
Management Act, NCGS 113A-100 et seq, committed on or near my property 1639B Nixonton Road in
Pasquotank 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 March 24,
2014, and agree to pay the proposed civil assessment of $446.00.
7 -Zcr- I L4
DATE
SIGNATURE
1cdaz txge—Vu% ej
ADDRESS
—33 Co (q7
TELEPHONE NUMBER
or
A'YC
NCDENR
North Carolina Department of Environment and Natural Resources
Pat McCrory John E. Skvada, III
Governor Secretary
July 23, 2014
CERTIFIED MAIL ARTICLE NO.7012 3460 0002 0625 5429
RETURN RECEIPT REQUESTED
Edward White
1639E Nixonton Road
Elizabeth City, North Carolina 27909
RE. CAMA MINOR VIOLATION #14-04A
Dear Mr. White:
This letter is in reference to the Notice of Violation dated March 24, 2014 that Field Specialist Lynn Mathis,
issued to you for involving the following unauthorized development within the 30' buffer: 1) construction of
an 800 square foot (sf) pole building partially within the 30' buffer, 2) the placement of an old 176sf storage
building within the 30' buffer, and, 3) the construction of a 1,204sf dog kennel within the 30' buffer at 1639A
Nixonton Road, Pasquotank County. The violation involved the Public Trust Shoreline, which is an Area of
Environmental Concern designated by the Coastal Resources Commission. Based upon the site visit
conducted on July 1, 2014 by Lynn Mathis, the restoration requested is complete.
The Coastal Area Management Act provides that a civil assessment of up to $1,000 may be assessed for
any minor 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 $446.00 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 $446.00 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.
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.
i2ECENER
1367 US 17 South, Elizabeth City, NC 27909
Phone: 252-264-3901 1 FAX: 252-264-3723; Internet: www.nccoastaimanagement.net JUL 282014
An Equal Opportunity l Affirmative Action Employer
DCM-NMcr!T
Ed White
July 23, 2014
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 A. Jennings, III
District Manager
NC Division of Coastal Management
Enclosures
cc: Roy Brownlow. Compliance Coordinator, DCM
Lynn VV. Mathis, Held Specialist, DCM
CAMA VIOLATION #14.04A
Ed White
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 $446.00 against me for violation of the Coastal Area
Management Act, NCGS 113A-100 et sec, committed on or near my property 1639B Nixonton Road in
Pasquotank 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 March 24,
2014, and agree to pay the proposed civil assessment of $446.00.
DATE
SIGNATURE
ADDRESS
TELEPHONE NUMBER
RECEIVED
JUL 2 8 2014
T)CN-MHDctrY
DCM ENFORCEMENT TRACKING REPORT
Rep
Issuer Violation Case No.
Rep. ZAfAf Lu/A17fri lia
� PPermitNo. ❑
(if applicable)
Violation Description Was activity perm ttable7
Initial Discovery Date % / / Discovery Method Z�1211�� /,L i j7�i=r3 —
Violation Description /jLti///Jlrt1G llfi✓✓E/C coArs' 7L(/C ZaY/ 117111G.7 /JUG
Respondent Information Prior CAMA or D/F Violations: Yes ro
Prior Case No: 01111111111111
Respondent Names) _ / !//}i2/) L/%7fU� (Landowner/Agent(Contractor)
Address &3Q . Abxon.l 7U,t1 /4?Ly j city 674,Z.67 - Stated Zip Z-7 yO�
Phone # Fax #/Email
Corporate Name & Registered anent
Violation Type:
Project Type:
Authorizations Required:
Site Visits Respondent
Site Visits Respondent
No Permit
Private(Community
❑ Major CAMA
Present
Present
Permit Condition
Govt./Public
❑ Minor ❑ D&F
❑
Expired Permit
Commercial
R General
❑
❑
Inconsistent w/ Rules
Tier Level: 1 11
111
❑
❑
Violation Location and Site Description
�
Lat/Long
Project Location: County
Shoreline Length
Street Address/ State Road/ Lot #(s) �c �iJ GY>y< i1c-Wig
SAV: C-N �u Yes
No
G � 6 /&Yro
�/�i9m�1
Sandbags: Not Sure Yes
dg,
Subdivision—
PNA: Yes
COW-Aclacent
,.,r�
C / O1IAA.f C ZIP 27 2�
ORW: Yes
Crit. Hab. Yes
&P Ayecent
/
d!�p
Phone#( _) River Basin ?itswc,14A1/C
Photos (2;R
No
Adj. WIT. Body r4yAG (net lma unkn),
Waiver Required Yes
Closest Maj. Wtr. Body G irc}- 141"u -
In DWQ Buffer Area Yes
rr�
Specify DWQ Buffer if applicable:
Restoration /YEW �6�,.�, , r�q/� ;
�/� �� g/ �r
xtension Granted
I Yes 1 No
NOV Date Initial Req. Comp. Date .?- / C'Yf�
�J
CNOV Date
Penalty Assessment
Sent to Respondent Date
Rcvd. by Dist. Mgr. Date
Assessment Extended Yes No
Date Comp. Observed
App./Permit Fee
Penalty
Continuing
Restoration Letter
Acceptance Date Z /
7J.0409 Ref.
Recomm. Assess.
DCM Assess.
$ /00 000
$
$ ZZS•&,u
$
$
$
$ IZt60
$
Total
JUL 2 8 2014
f
.*
1 �
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/NOVFI Injunction to complete restoration
Date Collection Letter Sent Date Demand Letter Sent
Violation Activities and Impacts t>�s•
AECs Affected: Wetlands Impacted? Ye If yes, which types:
CW EW PTA ES PTB
OEA HHF IH USA /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
Development Activities
Habitat Description
ft - Fat .'u,V/7
'i S -
r'
NOTES: S/��KL �✓ GLUiI%ErL — itSlL�/� Tv LuoLC ✓ij /%j(1)�cS.—�Cz�uc/,p,�j
/5,•i 462ECO irl u - d/ J/,) iu�i /A,fi z- 7� LET Akg --y
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17 bYLTL]) S�"7JicJ�--rfE SU.t-F/%t7L 14/157/ lUc7-1a,t (�-NCrZC-Y7 C-1 U ..t. 77/ /7-Ir--
r�i6/fFb2 02) Siyr,1LLL�2 4O//JL-5TZ—mg7'.,r &Z--4,/ �Gt✓nG2/1JLoclL, 1k01CAJZ--
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31 /)06 G�ESLL l lv /Ai /i/ r r'crt iv 1L,w-_(,?. &
L,(4.
Closing A5"I7 Afff ,69 65%4�fj7�I/'�'.Lwar s�TE�
Payment Received $ Date ( Date Case Closed
A
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1
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NCDENR
North Carolina Department of Environment and
Division of Coastal Management
Pat McCrory Braxton C. Davis
Governor Director
NOTICE OF VIOLATION
February 14, 2014
CERTIFIED MAIL 7012 3460 0002 0625 5238
RETURN RECEIPT REQUESTED
Edward White
1639B Nixonton Road
Elizabeth City, North Carolina 27909
Natural Resources
1W
John E. Skvada, III
Secretary
RE. NOTICE OF VIOLATION AND REQUEST TO CEASE UNAUTHORIZED DEVELOPMENT — CAMA
VIOLATION#14-04A
Dear Mr. White:
This letter confirms that on February 12, 2014,1 met with you onsite at your property located at on Red Oak
Road adjacent to an unnamed tributary off of the Little River in or near the community of Nixonton, off
Nixonton Road, Pasquotank County, North Carolina. The purpose of the visit was to investigate
unauthorized development involving the following: 1) the construction of a pole building, 2) the placement of
an old storage building, and, 3) the construction of a dog pen with a pile supported roof, within 30' of normal
water level.
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 Envirgnment 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 construction of a
pole building with a room over, the placement of a storage building and the construction of a dog pen with a
pile supported roof, all within 30' of normal water level on the aforementioned property. These activities
took place within a Public Trust Shoreline that is contiguous with an adjacent unnamed tributary of the Little
River. Public Trust Shorelines are designated as Areas of Environmental Concern (AEC). No CAMA
permit was issued to you for work in this area. 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 and contact me about this
matter. 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
1367 US 17 South, Elizabeth City, NC 27909
Phone: 252-2609011 FAX: 252-264-3723 ; Internet: www.ncroastaimanagement.net
An Equal Opportunity 1 Affirmative Action Employer
Edward White
February 14, 2014
Page 2 of 2
violation that is subject to an additional assessment of $10,000. 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 (CRC) 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.
w.
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.
Pending further review of this matter, a determination will be made, and you will be notified of any
restoration that may be required. You will also 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. Thank you for your time and cooperation in
resolving this important matter. If you have any questions, please call me at (252) 264-3901.
Sincerely,
Lynn W. Mathis
District Compliance & Enforcement Representative
Cc: Frank A. Jennings, III, District Manager, DCM
Roy Brownlow, Compliance Coordinator, DCM
Paul Kahl, Chief Building Inspector, Pasquotank County
40
4
DCM ENFORCEMENT TRACKING REPORT
/�ills9iiliJ /ter/z�
/ !r
RECEIVED
Issuer
Rep
Rep. _I�AtAJ /u1A/`W[S CD
EJ
Violation Description
-f Violation Case No.
Permit No. DC! LMHDCITY
(if applicable)
Was activity permittable?
Initial Discovery Date
% / / r Discovery Method / -ZlC - !ti-
Violation Description
CdN,'/�?ll �T7tiY/ �tih
I&y,e� /,Or,
Respondent Information Prior CAMA or D/F Violations: Yes roPrior Case No:
Respondent Name(s)
4yly -E
(Landowner/Agent/Contractor)
Address
P� Af/.L'UAl %7>it(
/2cn?77 City Q!Z-6�-
State A%(— Zip Z-7 e57
Phone #
Corporate Name & Registered agent
Fax
Violation Type:
Project Type: Authorizations Required:
Site Visits Respondent Site Visits
Respondent
No Permit
rM Private/Community ❑ � CAMA
Present
PresentMajor
Permit Condition
❑ Govt/Public ❑ Minor ❑ D&F
�q
L'�
❑
❑ Expired Permit
❑ Commercial ❑ General
❑
❑
Inconsistent w/ Rules
Tier Level: 1 II III
❑
❑
Violation Location and Site Description
Lat/Long
Project Location: County
Shoreline Length f
Street Address/ State Road/ Lot #(a) Eyt<yJ 7y*< /2a44,0
SAV: ClqjogV:� Yea
No
Sandbags: Not Sure Yes
azrg�
Subdivision
/i/!9b/�
PNA: Yes
dr
Adjacent
City
ZIP 27
ORW: Yes
t�
Adjacent
�
Crit. Hab. Yea
�
Phone # ( _)
River Basin �ir5ry44 At!/C
Photos (ND
No
Adj. Wtr. Body (-iV4)AG (nat fmalrgm
Waiver Required Yes
4!�b
Closest Maj. Wtr. Body
/2(
In DWQ Buffer Area Yes
N3'
'
Specify DWQ Buffer if applicable:
Restoration
NOV Date
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
Investigative
Extension Granted Yes No
Restoration Letter
Acceptance Date
7J.0409 Ref.
Recomm, Assess.
DCM Assess.
$
$
Total
414
Formal Assessments, Appeals and Reductions
Date Long Form Submitted
Date Formal CPA Submitted
Final Assessment
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
Dale Collection Letter Sent Date Demand Letter Sent
Violation Activities and Impacts
AECs Affected: Wetlands Impacted? Yes / No 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
Restoration Required by the Respondent Yes / No
Dimensions in excess Dimensions to restore Final dimensions
of permit/ unauthorized activities allowed Actually restored
Development Activities
Habitat Description
NOTES: _ S/�yl�r %1/ GGriiL'G72 — i9-SXhE: J TJ GIX)L(
13WF Lt aria duc�r /firy� i cET sr�E o
50 iq")crt_.41-J/ Z'M5A Tu i77�-t—
1vbafT/L aT -�"xkl4t16-72 �IJG/1) �iZsrtq>r /�7L/JG �uynG✓t/3foclt. IUi) r9/Z
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�1 /ECG ✓3E7c1J 14, PV&7c
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�l /iE' �/�J n.u� ti��y� ./ %P�E)(iY/ij /hEe.p-use- [tom__ e�rt7 �e rt e�•e,.yZ
Closing
Payment Received $ Date Dale Case Closed
Pat McCrory
Governor
MMMA
NCDENR
North Carolina Department of Environment and Natural Resources
NOTICE OF VIOLATION
March 24, 2014
CERTIFIED MAIL 7012 3460 0002 0625 5443
RETURN RECEIPT REQUESTED
Edward White
1639B Nixonton Road
Elizabeth City, North Carolina 27909
John E. Skvarla, III
Secretary
RE., NOTICE OF VIOLATION AND REQUEST TO CEASE UNAUTHORIZED DEVELOPMENT
CAMA MINOR VIOLATION #14-04A
Dear Mr. White:
This letter confirms that on March 3, 2014, Field Representative Ron Renaldi and I, met with you onsite at
your property located at 1639B Nixonton Road and along Red Oak, adjacent to an unnamed tributary off of
the Little River in or near the community of Nixonton, off Nixonton Road, Pasquotank County, North
Carolina. The purpose of the visit was to investigate development involving the following unauthorized
development within the 30' buffer:1) an 800 square foot (sf) pole building, 2) the placement of an old 176sf
storage building, and, 3) the construction of a 1,204sf dog kennel.
Information gathered by me shows that you have undertaken minor development in violation of the Coastal
Area Management Act. No person may undertake minor development in a designated Area of
Environmental Concern without first obtaining a permit from the North Carolina Department of Environment
and Natural Resources, North Carolina General Statutes (N.C.G.S.) 113A-1 18.
I have information that you have undertaken, or are legally responsible for minor development by
undertaking the above noted activities on the aforementioned property. These activities took place within
the 30' buffer which is contiguous with the adjacent tributary of the Little River. Public Trust Shorelines are
designated as an Area of Environmental Concern (AEC). No permit was issued to you for work in this area.
Based on these findings, I am initiating an enforcement action by issuing this Notice of Violation for
violation(s) of the Coastal Area Management Act
I request that you immediately CEASE AND DESIST any further unauthorized development. A civil
assessment of up to $1,000 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 $1,000. An injunction or criminal penalty may also be sought to enforce any
violation in accordance with N.C.G.S. 113A-126. I MCMW
1367 US 17 South, Elizabeth City, NC 27909 MAR 2 8 2014
Phone: 252-264-39011 FAX: 252-264-3723 ; Internet: www,nocoastaimanagement.net
An Equal Opportunity 1 Affirmative Action Employer DCM•MHD CITY
Edward White
March 25, 2014
Page 2 of 4
It is the. policy of. the Coastal Resources Commission to assess a penalty against all violations of this type.
Investigative costs may also be assessed in addition to the civil penalty. 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. Whether a higher amount will be assessed will depend on several factors, including the nature
and area of the resources affected and the extent of the damage to them. If restoration of the affected
resources is requested, but is not undertaken or completed satisfactorily, a substantially higher civil penalty
will be assessed and a court injunction will be sought ordering restoration.
Based upon the North Carolina Administrative Code, Title 15A, Subchapter 07H. State Guidelines for Areas
of Environmental Concern, the activities you have undertaken within the 30' buffer: 1) the construction of a
pole building, 2) the placement of an old storage building, and, 3) the construct on of dog kennels within the
Public Trust Shoreline is not consistent with the following Section: ` "' . _ - . ..
07H .0209 COASTAL SHORELINES (Permit required)
(d)(10) Within the Coastal Shorelines category (estuarine and public trust shoreline AECs), new
development shall be located a distance of 30 feet landward of the normal water level or normal
high water level, with the exception of the following:
(A) Water -dependent uses as described in Rule 07H .0208(a)(1) of this Section;
(B) Pile -supported signs (in accordance with local regulations);
(C) Post- or pile -supported fences;
(D) Elevated, slatted, wooden boardwalks exclusively for pedestrian use and six feet in width or
less. The boardwalk may be greater than six feet in width if it is to serve a public use or need;
(E) Crab Shedders, if uncovered with elevated trays and no associated impervious surfaces except
those necessary to protect the pump;
(F) Decks/Observation Decks limited to slatted, wooden, elevated and unroofed decks that shall
not singularly or collectively exceed 200 square feet;
(G) Grading, excavation and landscaping with no wetland fill except when required by a permitted
shoreline stabilization project. Projects shall not increase stormwater runoff to adjacent
estuarine and public trust waters;
(H) Development over existing impervious surfaces, provided that the existing impervious surface
is not increased and the applicant designs the project _to, comply with the intent.of.the .rules to
the maximum extent feasible;
(1) & (J) Apply to situations where application of the buffer requirement would preclude placement
of a residential structure.
I am requesting that the following restoration be undertaken:
1) The 330sf encroachment of unauthorized pole supported building may remain in its current location
if pre-existing structures or impervious surfaces, of equal area, are removed from the 30' buffer as
an offset to the unauthorized development. The following exchanges were discussed:
a) Per our discussions on site with Mr, Renaldi, and our discussions by telephone, the existing
w:..sirigle wide mobile home adjacent to the new pole building will be removed from the 30' buffer.
b) Per our discussion by telephone, the storage area converted from a delivery truck partially
y. ,ungrer,,the new pole building, and adjacent to the singlewide mobile home, will be removed from
the 30' buffer.
,r), :•, .,A_u
Edward White
March 25, 2014
Page 3 of 4
2) The storage building relocated into the 30' buffer, situated between. the dwelling and the dog
kennel along the water, shall be relocated outside of the 30' buffer,
3) The dog kennels shall be relocated outside of the 30' buffer.
Please refer to the enclosed Restoration Agreement and drawing for additional clarification.
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 immediate future to
determine whether this REQUEST TO CEASE AND DESIST has been complied with. I request that you
contact me immediately.
Thank you for your time and cooperation in resolving this important matter. Upon completion of the
restoration as requested in the enclosed Restoration Plan Agreement, you will be notified by the Division of
Coastal Management as to the amount of a civil assessment for undertaking development without first
obtaining the proper permit(s).
Sincerely,
t- L
Lynn W. Mathis
District Compliance & Enforcement Representative
NC Division of Coastal Management
NC Department of Environment and Natural Resources
Cc: Frank Jennings, District Manager, DCM
Roy Brownlow, Compliance Coordinator, DCM
Raleigh Bland, USACE
Paul Kahl, Chief Building Inspector, Pasquotank County
ENCLOSURES
DC"-WiDrrry
Edward White
March 25, 2014
Page 4 of 4
RESTORATION PLAN
For
Edward White
CAMA Minor Violation #14-04A
Property Location: Location:
1639B Nixonton Road and Red Oak Road
Pasquotank County
1) The pole building may remain in its current location if pre-existing structures or impervious surfaces, of
equal or greater area, are removed from the 30' buffer as an offset to the unauthorized development.
The following exchanges are required:
a) Per our discussions on site with Field Representative Ron. Renaldi, and as discussed by
telephone, the existing single wide mobile home adjacent to the new pole building will be
removed from the 30' buffer.
b) Per our discussion by telephone, the storage area converted from a large truck body, partially
under the new pole building and adjacent to the singlewide mobile home, will be removed from
the 30' buffer.
2) The storage building relocated into the 30' buffer, situated between the dwelling and the dog kennel
along the water, shall be relocated outside of the 30'. buffer.
3) The dog kennels shall be relocated outside of the 30' buffer.
NOTE: Additional permits may be required from the Pasquotank County Building Inspections Department.
SEE ATTACHED RESTORATION PLAN DRAWINGS
I, Edward White, agree to complete this restoration to the satisfaction of the NC Division of Coastal
Management by April 30, 2014, or provide an explanation for non-compliance and a reasonable request for
time extension. When corrective actions are complete, I will notify the Division of Coastal Management so
the work can be inspected.
SIGNATURE:
DATE:
It is the policy of the Coastal Resources Commission to levy a civil assessment against all violations of this type. If
restoration, 1gjgo(ypdertaken or satisfactorily completed, a substantially higher civil assessment will be levied and an
injunction sought to require restoration.
WIfITE
OACO µrb Ap (IN a
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DCM ENFORCEMENT TRACKING REPORT
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Rep
Issuer
❑ Violation Case No.
Rep. ZyAJU
i Permit No.
❑ (if applicable)
Violation Description Was activity permittable? Yes No
Initial Discovery Date Discovery MethodViolation Description AGG///21vU-6
Respondent Information Prior CAMA or D/F Violations: Yes o Prior Case No:
Respondent Name(s) e5ty/1i72/) J/fr/-Z�- (Landowner/Agent/Contractor)
Address /(�, q/:i 6iAe011d 721(J ISILL) City iZI-Z State Ai0 Zip Z7 G
Phone #
Corporate Name & Registered agent
Fax
Violation Type:
Project Type:
Authorizations Required:
Site Visits Respondent
Site Visits Respondent
PNo Permit
� Private/Community
I] Major CAMA
Present
Present
Permit Condition
El Govt./Public
❑ Minor D&F-�—
El
Expired Permit
Commercial
❑ General
I]
El
Inconsistent w/ Rules
Tier Level' I II
III
❑
Violation Location and Site Description
Project Location: County pan-'7[!u/ l<'
Street Address/ State Road/ Lot #(s) A6-1) n*< /2C�r+iJ
Subdivision /V6i2--
City ZIP 77 jby
Phone # ( _) River Basin 1^5]10NMlC
Adj. Wtr. Body rlamG (nat /mag2 unknj
Closest Maj. Wtr. Body G i�- IL
Lat/Long
Shoreline Length C%(C / t
SAV: o u
Yes
No
Sandbags: Not Sure
Yes
dg,
PNA:
Yes
4Z ' Adjacent
ORW:
Yes
A& Adjacent
Cdl. Hab.
Yes
C�9'
Photos
(1;�
No
Waiver Required
Yes
cl!W-D
In DWQ Buffer Area
Yes
(N-W)
7 Specify DWQ Buffer if applicable:
Restoration
NOV Date
CNOV Date
Penalty Assessment
Sent to Respondent Date
Rcvd. by Dist. Mgr. Date
Assessment Extended Yes No
_ Extension Granted Yes No
Initial Req. Comp. Date �t 11 ' '
Restoration Letter
Date Comp. Observed Acceptance Date
App./Permit Fee
Penalty
Willful/Intent.
Continuing
Investigative
7J.0409 Ref.
Recomm. Assess.
DCM Assess.
$ /av roo
$
$
$
$
$ MAR 2 8
$
$
Total
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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 WAG ❑ Respondent hot responsive to penalty/NOV ❑ Injunction to complete restoration
Date Collection Letter Sent Date Demand Letter Sent -
Violation Activities and Impacts
AECs Affected: _ Wetlands Impacted? YeV-FiT6-) If yes, which types:
CW EW PTA ES PT
OEA HHF IH UBA NIA SA DS cJ SY JR LS TY
PWS: FC: SS SC SP IF BF 404
Restoration Required by the Respondent Yes / No
Dimensions in excess
of permit/ unauthorized activities
Dimensions to restore
Final dimensions
allowed
Actually restored
Development. Activities .
.. - - ..,
.. ,.. ... ..
...
_ ..
Habitat Descriptiori
-'
-
-
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Payment Received $ Date Date Case Closed
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