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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
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NOTES:
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'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-
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-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
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