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HomeMy WebLinkAbout14-15A NguyenIt IA.� Pb W w� NCDENR North Carolina Department of Environment and Natural Resources Division of Coastal Management Pat McCrory John E. Skvada, III Governor Secretary NOTICE OF VIOLATION July 28, 2014 CERTIFIED MAIL #7012 0470 0002 0007 7290 RETURN RECEIPT REQUESTED Ngoc (Adam) Nguyen CIO Man Mann 220 Woodleigh Rd. Knotts Island, NC 27950 RE: NOTICE OF VIOLATION AND REQUEST TO CEASE UNAUTHORIZED DEVELOPMENT CAMA VIOLATION #14-15A Dear Mr. Nguyen & Ms. Mann: This letter confirms that on May 27, 2014 and July 28, 2014, 1 was onsite at your property located at 204 Parker Road (SR#1370) adjacent to Knotts Island Bay located in or near Knotts Island, Curdtuck County, North Carolina. The purpose of the visit was to investigate unauthorized development of a platform within the waters of Knotts Island Bay as well as a brick patio constructed within 75' of Normal Water Level (NWL). This letter also confirms phone conversations between me and your property caretaker Mari Mann on June 6, 2014 and again on July 17, 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.) 113A-118. I have information that indicates you have undertaken or are legally responsible for the construction of a 14'x3' platform on the aforementioned property. Also, in reviewing aerial photography, it was discovered that a ±36'x24' back patio was partially constructed within 75' of NWL. A permit search found no record of a CAMA Minor Permit issued for the patio. This activity took place in the Public Trust Area, Estuarine Shoreline and Estuarine Waters that are contiguous with Knotts Island Bay. The Public Trust Area, Estuarine Shoreline and Estuarine Water areas are designated as Areas 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. a 70 1367 US 17 South, Elizabeth City, NC 27909 JUL 8 1 2014 Phone: 252-264-39011 FAX: 252-264-3723 ; Internet: www.nccoastalmanagement.net An Equal Opportunity 1 Affirmative Action Employer or Ngoc (Adam) Nguyen C/O Mari Mann July 28, 2014 Page 2 of 2 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. 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. 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 DCM ENFORCEMENT TRACKING REPORT 11 ) Rep. Is u r �o n r`u� N � � Violation Case No. 114- Rep Permit No. (if applicable) Violation Description Was activity permiftabl Y 7 No Initial Discovery Date _ 5Ja�%a0t•1 Discovery Method Violation Description C• sirw6, IUY3 n144.40rn �„+h,�. r...�J,�� ,tL K,.�rk� T*ci. /L* i RespondentName(s) Aa,,.... (/Jt1oc)N4042n (Landowner/Agent/Contractor) I 1 VA Address 44t14 K�'rM./a.�pJ l� il!' City .,V rr r/o„i4. VState --1W,, Zip a.?H61 Phone # (�- S1-) LA °I Ct - t V 1Z `I . Fax #/Email Corporate Name & Registered agent Violation Type: Project Type: Authorizations Required: Site Visits Respondent Site Visits Respondent No Permit Private(Community, M Major ❑ CAMA Present )" Present ❑ Permit Condition Govt./Public ❑ Minor U D&F ❑.. Expired Permit ❑; Commercial ❑ General a } 4 ❑ ❑ ❑ Inconsistent w/ Rules Tier Level: I rl III ❑ Violation Location and Site Description 0 Project Location: County Cvrr,�v �k Street Address/ State Road/ Lot #(s) a() 4 Subdivision P (Ay City )Lnoi"h MSNCnC ZIP d-44.So Phone#(_). — River Basin Adj. Wtr. Body Knot4e TSl4„ <t L2,4 dsD/man/unkn) Closest Maj. Wtr. Body (�,,,.r,},� o IC 5., d LaYLong 3L,. QJjJo-as.voa9," Shoreline Length 311 SAV: Not Sure Yes Sandbags: Not Sure Yes Cam' PNA: Yes (5.o Adjacent ORW: Yes L� Adjacent Photos (SY � No Waiver Required Yes In DWQ Buffer Area Yes Specify DWQ Buffer if applicable: Restoration NOV Date d CNOV Date Penalty Assessment Sent to Respondent Date Rcvd. by Dist. Mgr. Date Assessment Extend REC&M No JUL 3 1 2014 Initial Req. Comp. Date Date Comp. Observed App./Permit Fee Penalty Willful/Intent. Extension Granted Yes No Restoration Letter Acceptance Date 710409 Ref. Recomm. Assess. DCM Assess. (4)(A) $ aS0.0 o $ $ Total 4� 00 Formal Assessments, Appeals and Reductions f Date Long Form Submitted Date Formal CPA Submitted Final Assessment $ Date .. Attorney General's Office for Injunction or Formal Collection Assessment Appealed: Yes No Penalty modified Date sent to AG yO Respondent not responsive to penalty/NOV'Fl Injunction to complete restoration Date Collection Letter Sent Date Demand Letter Sent Violation Activities and Impacts AECs Affected CW PT � PTS OEA HHF UBA N/A PWS: FC: Other: Restoration Required by the Respondent Yes Wetlands Impacted? Yes If yes, which types: SA DS CJ SY JR LS TY SS sc SP IF BF 404 Dimensions in excess of permit/ unauthorized activities Dimensions to restore Final dimensions allowed Actually restored �•a � ..i�r-0... .SYx.sa x� rA d Y.iwh ...4 :: . AFn w+vlo �r.+'� 5� N.4�5'a". NOTES: 1 y4,) k, JIL -- aa.o wooAlei44. R-� k,bth LltLnct, A-+9so 'Closing Payment Received $ Date Date Case Closed Pat McCrory Governor PA NCDENR North Carolina Department of Environment and Natural Resources August 5, 2014 CERTIFIED MAIL #7012 0470 0002 0007 7306 RETURN RECEIPT REQUESTED Ngoc (Adam) Nguyen C/O Mari Mann 220 Woodleigh Rd. Knotts Island, NC 27950 RE. CAMA VIOLATION #14-15A Dear Mr. Nguyen & Ms. Mann: John E. Skvada, III Secretary This letter is in reference to the Notice of Violation dated July 28, 2014 that Ron Renaldi, representative for the Division of Coastal Management, issued to you for a platform within the waters of Knotts Island Bay and a brick patio constructed within 75' of Normal Water Level (NWL) at 204 Parker Road (SR#1370), Cumtuck County. The violation involved the Public Trust Area, Estuarine Shoreline and Estuarine Waters, which are Areas 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 $527.00 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 $527.00 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 settlement of the penalty. UCE1VED AUG 0 7 2014 1367 US 17 South, Elizabeth City, NC 27909 Phone: 252-264-39011 FAX: 252-264-3723 ; Internet: www.ncmastalmanagement.net bC:N.•bt:iDCSTY An Equal Opportunity 1 Affirmative Action Employer Ngoc(Adam) Nguyen C/O Mari Mann August 5, 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 Jennin District Manager Division of Coastal Management Enclosure cc: Roy Brownlow, Compliance Coordinator, DCM Ron Renaldi, Coastal Management Representative, DCM r CAMA VIOLATION #14-15A Ngoc (Adam) Nguyen 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 penaltyin the amount of $527.00 against me for violation of the Coastal Area Management Act, NCGS 113A-100 et sec , committed on or near property located at 204 Parker Road in Currituck 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 July 28, 2014, and agree to pay the proposed civil assessment of $527.00. DATE SIGNATURE ADDRESS TELEPHONE NUMBER rRBCMM AUG o 7 2014 '�MxnctrY ' DCM ENFORCEMENT TRACKING REPORT Is w r Rep. Rep 7 LPO ❑ Violation Case No. Iy — )J A Permit (if applicable) Violation Description Was activity permittabl Y No Initial Discovery Date SJa��dot�t Discovery Method cvvrg t r, I I Violation Description C,,,,,. ,, k 2 tt-\ y 3 n1R F4 r }h.. t � F i � + is , t-4, .7,,1 . e !ry Respondent Name(s) A a,..,., ( A , o� ) N q o vc . (Landowner/Agent/Contractor) Address 44116 2 or City ,)%4S. wI4 f C&J, Stated Zip a.?461 Phone # (+s-1)- 4 9 5- ty R 9 Fax #/Email Corporate Name & Registered agent 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 'S�" ) ❑ Expired Permit ❑ Commercial ❑ General a 4 ❑ ❑ ❑ Inconsistent w/ Rules Tier Level: I I III ❑ Violation Location and Site Description LaULong 910d910 Project Location: County W iv k Shoreline Length 31) Street Address/ State Road/ Lot #(s) 304 Pa r kar R 2 SAV: Not Sure Yes 51Zib1;}o Sandbags: Not Sure Yes L50 Subdivision p'� PNA: Yes (�" Adjacent N I� r� CRYXno 2 ZIP d�QSO ORW: Yes Ne' Adjacent %'ti T�1<.. Phone #( _). — River Basin �Ga4..nh.�e Photos wit No Adj. Wtr. Body Knoib 17&1ona 8c,Y /unkn) Waiver Required Yes r� M1a Closest Maj. Wtr. Body C }„ In DWO Buffer Area Yes Specify DWQ Buffer if applicable: Restoration NOV Date d CNOV Date Penalty Assessment Sent to Respondent Date Rcvd. by Dist. Mgr. Date Assessment Extended Yes • rs AUG 0 7 2014 Initial Req. Comp. Date Date Comp. Observed App./Permit Fee Penalty No Willful/Intent. Continuing Investigative,4K Extension Granted Yes No Restoration Letter Acceptance Date 7J.0409 Ref. Recomm. Assess. DCM Assess. $aso.oa $ (4)(A) $ Aso. o $ CA 1 $ Is Total ,,5A},00 DCM-MUM7 f , 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 EJ 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 PTS OFA (IV T UBA WA SA DS cJ SY JR LS TY PWS: FC: Ss sc SP IF BF 404 Other: Restoration Required by the Respondent Yes (N91 Dimensions in excess Dimensions to restore Final dimensions of permit/ unauthorized activities allowed Actually restored Development Activities Habitat Description NOTES: Far- ?1v 0ru 7�cri� (P1a P cn t :t c� m a ss,d s 1� w� i d,rcc;-Lcl 4 I,. d k -Irv, y; ola it ..vyy. hycri 1-\r` e 1"14^ dP``arV woJC1(.,9k 9C 1"rNp*s t��s A-+��O Closing Payment Received $ Date Date Case Closed �7 Akita NCDENR North Carolina Department of Environment and Natural Resources Pat McCrory Governor August 18, 2014 Ngoc (Adam) Nguyen 204 Parker Lane Knotts Island, NC 27950 John E. Skvarla, III Secretary RE. Payment of Proposed Penalty for Violations of the Coastal Area Management Act, Currituck County, CAMA Violation #14-15A Dear Mr. Nguyen: This letter will acknowledge receipt of your Check #2424, in the amount of $527, and dated 08/13/14. 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, Frank Jennings, District Manager Northeastern District Division of Coastal Management FJ/yc cc: Roy Brownlow, Compliance Coordinator, DCM, Morehead City Ron Renaldi, Coastal Management Rep., DCM, Elizabeth City RECEIVED AUG 2 2 2014 I)CM-MHD CITY 1367 US 17 South, Elizabeth City, NC 27909 Phone: 252-264-39011 FAX: 252-264-3723; Intemet: htto://Donal.ncdonr.oraWebtcm/dcm-home An Equal Opportunity I Affirmative Action Emplayw CAMA VIOLATION #14-15A Ngoc (Adam) Nguyen 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 $527.00 against me for violation of the Coastal Area Management Act, NCGS 113A-100 et sec , committed on or near property located at 204 Parker Road in Currituck 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 July 28, 2014, and agree to pay the proposed civil assessment of $527,00. DATE ,�__ Hc--k +-Zy2 i SIGNA RE r, 4- Pi7til t✓.�. ,� o ADDRESS Iskctp1A ter 27gse TELEPHONE NUMBER UCEIVW AUG 2 2 2014 I)CM-11UDCITY F a