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Home My WebLink About17-06A WatkinsM v t I ,S Coastal Management ENVIRONMENTAL QUALITY NOTICE OF VIOLATION April 25, 2017 CERTIFIED MAIL #70151520 0003 5515 4288 RETURN RECEIPT REQUESTED Eric & Andrea Watkins 138 Duck Woods Dr. Southern Shores, NC 27949 ti ROY COOPER Govern. MICHAEL S. REGAN Secremry BRAXTON C. DAVIS Director RE: NOTICE OF VIOLATION AND REQUEST TO CEASE UNAUTHORIZED DEVELOPMENT CAMA VIOLATION #17.06A Dear Mr. & Mrs. Watkins: This letter confirms that on April 21, 2017, 1 was on the property adjacent to your property located at 138 Duck Woods Drive, adjacent to a man-made canal that leads to Jean Guite Creek, located in or near Southern Shores, Dare County, North Carolina. While on the adjacent property, an unauthorized elevator style boatlift was observed installed along your bulkheaded shoreline within the waters of the canal. This letter also confirms our phone conversation on April 25, 2017. 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 Environmental Quality. This requirement is imposed by North Carolina General Statute (N.C.G.S.)113A-118. 1 have information that indicates you have undertaken or are legally responsible for the installation of an elevator style boatlift on the aforementioned property. This activity took place in the Public Trust Area that is contiguous with the Currituck Sound. The Public Trust Area is designated as an Area 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. 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 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. 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 upR p including the nature and area of the resources that were affected and the extent of the damage MAY 01 2017 Sta. of North Cmlin I1h vi -tel Qdtty I Cae W Mann—, 401 S. Griffin St., SW 3001 FJbabeth City, NC 29909 D C M - M H D CITY 252-264-39011252-331-2951[ful Eric & Andrea Watkins April 25, 2017 Page 2 of 2 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. Therefore, restoration of the impacted area is not requested at this time. 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 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). Sincerely, Ron Renaldi Field Representative Cc: Frank A. Jennings, III, District Manager, DCM Roy Brownlow, Compliance Coordinator, DCM RECEIV �� MAY 01 2011 pCM_ MHp CITY DCM ENFORCEMENT TRACKING REPORT 11 Issuer Violation Field Rep. r, 1 N t olation Casa No. LPO ❑ Violated Permit No. LPJ (ifapplicaue) Violation Description Was activity permittablel rYl No Initial Discovery Date M�d) �do t? DiscoveryMethod T - n r AAjsi . nl- 060416111Y Violation Description ltyu}o B ilf} '.,�+I1teI ulww b�1Kh,.cd '.. ccn�l t�•�H°�1' CAMA turn �� fiP Ixu�� Respondent Information Prior CAMA or D/F Violations: Yes / Respondent Name(s) G ' , ° AW&+ �i n % aandow Agent(Contractor) Address 13$ 1)-r , wc,0 City 500yV%Arr\ _$1wrcJ State Iv L. Zip Xi949 Phone# Casal 489- 4slt Fax# Email Violation Type: Project Type: Authorizations Required. Site Visits Respondent Site Visits R Pnt resent No Permit Private/Community Major CAMA AI I ❑ ❑ Permit Condition Govt./Public Minor D&F ❑ ❑ Expired Permit Commercial General ❑ ❑ Inconsistent w/ Rules Tier Level: I II III Violation Location and Site Description Lat/Long 3b 1153co'N-�s.3333t1'w Project Location: County DG\ re— Shoreline Length 100, Street Address/ State Road/ Lot #(s) 13$ p„ c, K, wonat..i Di" SAV: Not Sure Yes No V y- t $ I rt 14 Sandbags: Not Sure Yes f PNA: (� No Adjacent Subdivision ORW: Yes &F�> Adjacent City ZIP d-4945 Phone # ( River Basin P. n K Photos ® No _) Adj. Wtr. Body Ls,rv;t 1u Scon G ek (naVnl' nkn) Waiver Required Yes rS� Area Yes 1.10 \ IC S^r ^ a C�rrN In DWQ Buffer Closest Maj. Wtr. Body L Specify DWQ Buffer if applicable: Restoration Extension Granted Yes No NOV Date 4A S 11 } Initial Req. Comp. Date CNOV Date _ Date Comp. Observed Penalty Assessment Sent to Respondent Date Rcvd. by Dist. Mgr. Date Assessment Exlen ^ �(e�, �, ,J'{fl_ t(rt ut App./Permit Fee Penalty WilOul/Intent. Continuing MAY 01 2017 Restoration Letter Acceptance Date 7J.0409 Ref. Recomm. Assess. DCM Assess. $a[xD•vo $ $ 00.o0 $ (d $ 3a.0o $ Total Dj3a,d0 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 Let. Sent Date Demand Let. Sent Violation Activities and Impacts � AECs Affected: Wetlands Impacted? Yes "l9% If yes, which types: CW EW PT ES PTS OEA 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 Dimensions in excess Dimensions to restore Final dimensions of permit/ unauthorized activities allowed Actually restored Development Activities Habitat Description NOTES: 1 nrM- M Closing Payment Received $ Date Date Case Closed ga(441— ROY COOPER Gowmor Coastal Management ENVIRONMENTAL QUALITY NOTICE OF VIOLATION June 1, 2017 CERTIFIED MAIL #70151520 0003 5515 4325 Second Mailing Attempt RETURN RECEIPT REQUESTED Eric & Andrea Watkins 138 Duck Woods Dr. Southern Shores, NC 27949 MICHAEL S. REGAN Secretary BRAXTON C. DAVIS Director RECEIVE", RE: NOTICE OF VIOLATION AND REQUEST TO CEASE UNAUTHORIZED DEVEL06MI5 2017 CAMA VIOLATION #17-06A Dear Mr. & Mrs. Watkins: DCM- MHD CITY This letter confirms that on April 21, 2017, 1 was on the property adjacent to your property located at 138 Duck Woods Drive, adjacent to a man-made canal that leads to Jean Guite Creek, located in or near Southern Shores, Dare County, North Carolina. While on the adjacent property, an unauthorized elevator style boatlift was observed installed along your bulkheaded shoreline within the waters of the canal. This letter also confirms our phone conversation on April 25, 2017 and June 1, 2017. 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 Environmental Quality. This requirement is imposed by North Carolina General Statute (N.C.G.S.) 113A-1 18. I have information that indicates you have undertaken or are legally responsible for the installation of an elevator style boatlift on the aforementioned property. This activity took place in the Public Trust Area that is contiguous with the Currituck Sound. The Public Trust Area is designated as an Area 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. 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 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. 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. State of North Caroline I Environmental Qaehty I Coastal Management 401 S. Griffin St., Ste 3001 Elizabeth City, NC 27909 252.264-39011252-331-2951 [fax] Eric R Andrea Watkins June 1, 2017 Page 2 of 2 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. Therefore, restoration of the impacted area is not requested at this time. 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 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). %Sincerely, Ron Renaldi Field Representative Cc: Frank A. Jennings, III, District Manager, DCM Roy Brownlow, Compliance Coordinator, DCM RECEIVED JUN 0 5 Z017 DCM- MHD CITY ROY COOPER Gnvemn,' MICHAEL S. REGAN Secrelav7: BRAXTON DAVIS Coastal Management ENVIRONMENTAL OUALITY June 8, 2017 CERTIFIED MAIL #7015 1520 0003 5515 4332 RETURN RECEIPT REQUESTED Eric & Andrea Watkins 138 Duck Woods Dr. Southern Shores, NC 27949 RE: CAMA VIOLATION #17-06A Dear Mr. & Mrs. Watkins: This letter is in reference to the Notice of Violation dated June 1, 2017 that Ron Renaldi, representative for the Division of Coastal Management, issued to you for the installation of an unauthorized elevator style boatlift at 138 Duck Woods Drive, Southern Shores, Dare County. The violation involved the Public Trust Area, which is an Area of Environmental Concern designated by the Coastal Resources Commission. 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 $464.00 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 $464.00 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 th- ennaalty Ior CE ® request remission of the penalty. State of North Carolina I Environmental Quality I Coastal Management J U v 13 2017 401 S. Griffin St., Ste 300 I Elizabeth City, NC 27909 252-264-3901 1252-331-2951 [fax] D C M- M H D CITY Eric & Andrea Watkins June 8, 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 Je24;vr�, District Manager, Northeastern 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 RECEIVED JUN 13 2017 DCM- MHD CITY CAMA VIOLATION #17-06A Eric & Andrea Watkins 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 $464.00 against me for violation of the Coastal Area Management Act, NCGS 113A-100 et sec, committed on or near my property at 138 Duck Woods Drive 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 June 1, 2017, and agree to pay the proposed civil assessment of $464.00. DATE SIGNATURE ADDRESS TELEPHONE NUMBER RECEIVED !N 13 2017 DCM- MHD CITY DCM ENFORCEMENT TRACKING REPORT /1 1 suer I'4 _ 6-A Field Rep. Is ' /� ✓, ' Violation Case No. 71 LPO Violated Permit No. -- LPJ rr. 'S �+-� (if applicable) Violation Description Was activity No Initial Discovery Date 4/11 Jao )? Discovery Method V, Violation Description 9 jt U4%ot r,!}uljtcl alrn4 bylKt�tc 1 ccnal ike� CAMA rm,j) H•ta�0 Prior CAMA-or D/F Violations: Yes Respondent Name(s) e ircc 139 D��k wcna-,% bf City Soa}%urn�1�urW State NL zip ei�g4 Address Phone# (a.5a,� 4V3- 4S11 (Aa>ar' ! _&,te'Saa�)Fax# 4k!B0.x gS�- iPo S&v 1434 K'+?4 14k Nc-di449 Email Violation Type: Project Type: Authorizations Required: Site Visits R Present pondent Site Visits R Present pondent No Permit Private/Community Major CAMA 41 / El El Permit Condition Govt./Public Minor D&F ❑ ❑ Expired Permit Commercial General ❑ Inconsistent w/ Rules Tier Level: I II III Violation Location and Site Description Lat/Long 3� IIS3�o'N zs.}3331)'w Project Location: County ba I e— Street Address/ State Road/ Lot #(s) 1396 Do c, K- woods D r us 1 $ Lot 14 Subdivision City $ ,,,tJ-IArn skartS ZIP d-:JL445 Phone # ( _) River Basin P. n K Adj. Wtr. Body C ,.,r,( ,. $un G k Ck. (natr/rr(ndrt nkn) Closest Maj. Wtr. Body t, k Sa1 n A NOV Date IA Initial } Initial Req. Comp. Date CNOV Date Date Comp. Observed Penalty Assessment App./Permit Fee Sent to Respondent Date Penalty Rcvdb�ryra�eDist. Mgr. Date Asset)l�ectGEINEDUxLemded No JUN 13 2017 a, tirs Willful/Intent. Continuing Shoreline Length 100 SAV: Not Sure Yes No Sandbags: Not Sure Yes PNA: ® No Adjacent ORW: Yes &-,> Adjacent Photos C5� No Waiver Required Yes �No7 In DWQ Buffer Area Yes C� Specify DWQ Buffer if applicable: Extension Granted Yes No Restoration Letter Acceptance Date 7J.0409 Ref. Recomm. Assess. DCM Assess. $at,vo $ $ Total y(oy,Uo 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 Date Collection Let. Sent ❑ Respondent not responsive to penalty/NOV Injunction to complete restoration Violation Activities and Impacts AECs Affected: cW EW CfET ES PTS OEA HHF IH USA N/A Other: Restoration Required by the Respondent Yes Date Demand Let. Sent Wetlands Impacted? Yes "t✓ If yes, which types: SA DS CJ SY JR LS TY SS SC SP IF BF 404 NOTES: (i Q not t f(I via rnea*- mall 2). P;,kt .2 W12 `B<-c r"A.Iin1 iI IN 1 3 2017 ®CM- MUD CITY Closing Payment Received $ Date Date Case Closed T Coastal Management ENVIRONMENTAL OUAL.ITV June 19, 2017 Eric & Andrea Watkins 138 Duck Woods Drive Southern Shores, NC 27949 ROY COOPER Governor MICHAEL S. REGAN Secretory BRAXTON C. DAVIS Director RE; Payment of Proposed Penaltyfor Violations of the Coastal Area ManagementAct, Dare County, CAMA Violation #17-06A Dear Mr. & Mrs. Watkins: This letter will acknowledge receipt of your Check #146, in the amount of $464.00, and dated received 06/16/2017. 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 Jennings, District Manager Northeastern District Division of Coastal Management FJ/eg cc: Roy Brownlow, Compliance Coordinator, DCM, Morehead City Ron Renaldi, Coastal Management Rep., DCM, Elizabeth City RECEIVED JUN 2 9 2017 DCM- MHD CITY 'Nothing Compares —_- State of North Cmrma I Favitoamentd QueILLY I Could Meoagetoent 401 S. Griffin St, Ste 3001 MinCity, NC 27909 252-264-39011252-331-2951(fui