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Home My WebLink About14-03A WallNCDMR- North Carolina Department of Environment and Division of Coastal Management Pat McCrory Braxton C. Davis Governor Director NOTICE OF VIOLATION February 10, 2014 CERTIFIED MAIL 7012 3460 0002 0625 5207 RETURN RECEIPT REQUESTED Natural Resources John E. Skvada, III Secretary RECEIVED FEB 14 2014 Jason Wall DBA Albemarle Marine Construction 118 Whispering Wind Court Shiloh, North Carolina 27947 RE: NOTICE OF VIOLATION AND REQUEST TO CEASE UNAUTHORIZED DEVELOPMENT CAMA MINOR VIOLATION#14-03A Dear Mr. Wall: This letter is in reference to my February 6, 2014, visit onsite 112 Blue Heron Road, in or near the community of Shiloh, in Camden County. The onsite visit included Camden County Planning Director Dan Porter, Chief Building Inspector Gary Holland and Zoning Administrator David Parks, at or near the community of Shiloh in Camden County, North Carolina. The purpose of the onsite meeting was to investigate unauthorized development on the aforementioned property. This letter also references our telephone conversation on February 6th regarding your involvement in the unauthorized development. Information gathered by me indicates that your actions as contractor for Robin Hetzko are in violation of the Coastal Area Management Act (CAMA). No person may undertake minor development in a designated Area of Environmental Concern (AEC) without first obtaining a permit from the North Carolina Department of Environment and Natural Resources pursuant to the North Carolina General Statutes (N.C.G.S.) 113A- 118. I have information that indicates you have undertaken or are legally responsible for the elevation of an existing dwelling, the removal of an existing foundation system, and the installation of a new piling system on the aforementioned property. This activity took place in the Estuarine Shoreline that is contiguous with a man-made canal off of the Albemarle Sound. Estuarine Shorelines are designated as Areas of Environmental Concern (AEC). No CAMA permit was issued 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. I request that you immediately CEASE AND DESIST any further unauthorized development. A civil assessment of up to $1,000 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 $1,000. An injunction or criminal penalty may also be sought to enforce any violation in accordance with N.C.G.S. 113A-1 26. 1367 US 17 South, Elizabeth City, NC 27909 Phone: 252-260901 \ FAX: 252-264-3723 ; Internet: www.nccoastalmanagementmet An Equal Opportunity (Affirmative Action Employer Jason Wall Albemarle Marine Construction February 10, 2014 Page 2of2 Since this is your first documented offense, there will be no assessment levied against you at this time. However, if you continue to violate the Coastal Area Management Act, you should consider yourself forewarned and expect a civil assessment to be levied against you consistent with the North Carolina Administrative Code, Title 15A, Subchapter 7J, Section .0409, as adopted by the Coastal Resources Commission. 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. If you have any questions or need assistance, do not hesitate to call. Sincerely, Lynn W. Mathis District Compliance & Enforcement Representative cc: Frank Jennings, District Manager, DCM Roy Brownlow, Compliance Coordinator, DCM Dan Porter, Planning Director, Camden County Gary Holland, Chief Building Inspector, Camden County David Parks, Zoning Administrator, Camden County Robin Hetzko, Property Owner I . DCM ENFORCEMENT TRACKING REPORTn FI7P 14 2014 i1 Issuer Field Rep. ❑ / Violation Case No. 'U.3 4- Compliance Rep. L ZAa AkJ4J?1'1S DCM-MHDCTTY Permit No. LPO 0 (if applicable) LPJ Violation Description Was activity permittable? Yes / No Initial Discovery Date 4/4 Discovery Method Ag�l c, 4 at,,0116V (wti/y Violation Description r�Z&Z12"Z✓.J 'd /Jw",/"+ya 77AIT /�� fir✓ Ei� ,-a- T C� �l !/rLE�/i//G,J l?�/ LAG! r/32!/t�1�> !% /lrU iV 4'! hi i — -- •i/E/mil/� �!/iU,6 Respondent Information Prior CAMA or D/FdViolations: Yes / N/o/ Prior Case No: Respondent Name(s) (Landowner/Agen ontracto Address "%J;6e/n/G /klV4 City vhtell,� State AIC- Zip 27 2 Phone # Fax #/Email Corporate Name & Registered agent Violation Type: Project Type: Authorizations Required: Site Visits Respondent Site Visits Respondent No Permit aPrivate/Community ❑ Major � CAMA Present Present ❑ Permit Condition ❑ Govt./Public F] Minor ❑ D&F " El El ❑ Expired Permit ❑ Commercial ❑ General L ❑ ❑ ❑ Inconsistent w/ Rules Tier Level' � II III ❑ ❑ Violation Location and Site Description Project Location: County 4gP"t)&A1 Street Address/ State Road/ Lot #(a) /iz 13Cu.,&:- Z7'340,V 6kf" Subdivision }'r Ot, / City .1h&J& ZIP Phone # ( _) River Basin ?/Js(((U/-yA.(/C Adj. Wtr. Body C&b Jd t (nut na /unkn) Closest Maj. Wtr. Body �LWj�%d% tZ6- pLAla)q Lat/Long Shoreline Length _ SAV: Sandbags: Not Sure PNA: ORW: Crit. Hab. Photos Waiver Required In DW Q Buffer Area Yes No Yes Yes Adjacent Yes .&A [�1 Adjacent Yes (�N Yes 0 (P No Yes ( Specify DWQ Buffer if applicable: Restoration Extension Granted Yes No NOV Date Initial Req. Comp. Date CNOV Date Penalty Assessment Sent to Respondent Date Rcvd. by Dist. Mgr. Date Assessment Extended Yes No Date Comp. Observed App./Permit Fee Penally Willful/Intent. Continuing Investigative Restoration Lefler Acceptance Date 7.1.0409 Ref. Recomm. Assess. DCM Assess. —4`- $ $ Total �` �Cd SEr> riLt hGs�rc y — � rC�2 I �FrO� CGVU.i /�E �7C�'Lhtt�E/J /dvYJ /I T� 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 EW PTA fS PTS ��/// OIA HHF IH A N/A SA IDS CJ SY JR LS TY PWS: ' FC: SS SC SP IF BF 404 Othee Restoration Required by the Respondent—��y��. rLlU1�_/3 E"dY,,�3'tl/H/E'✓J ij �jti� Dimensions in excess/ Dimensionsto restore Final dimensions Actually restored of per miU unauthorized activities allowed Development Activities ...;Habitat Description . ... _... - ... .. . Closing Payment Received $ Date Date Case Closed