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Home My WebLink About17-17A Vangraafeilanda IF Coastal Managemen r ENVIRONMENTAL QUALITv October 16, 2017 Kurt and Kathleen Vangraafeiland 2188 Rosewell Drive Virginia Beach, VA 23454 ROY COOPER Governor MICHAEL S. REGAN Secreiary BRAXTON C. DAVIS Director RE: Payment of Proposed Penaltyfor Violations of the Coastal Area Management Act, Perquimans County, CAMA Violation #17-17A Dear Mr. and Mrs. Vangraafeiland: This letter will acknowledge receipt of check #2392, in the amount of $432.00, and dated 10/10/17. 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 Lynn Mathis, Coastal Management Field Specialist, DCM "^Nothing Compares State of North Carolina I Eavlronmental Quality I Coastal NUM901aent 401 S. Griffin St., Ste 3001 Elizabeth City, NC 27909 252-264-39011252-331-2951 [fax] if �IECEIiiED OCT 2 3 Z017 DCM- ►VINO CAMAVIOLATION #17-17A Kurt and Kathleen Vangraafeiland AGREEMENT TO PAY PROPOSED CIVIL ASSESSMENT I understand that the staff of the Department of Environmental Quality will propose the assessment of a civil penalty in the amount of $432.00 against us for a violation of the Coastal Area Management Act, NCGS 113A-100 et seq, committed on or near property located at 134 Willow Street, Snug Harbor, Perquimans County, North Carolina. In order to resolve this matter with no further action or expense on our part, we accept responsibility for the violation as described in the Notice of Violation letter dated September 25, 2017, and agree to pay the proposed civil assessment of $432.00. /0 bu Zc'l ? DATE SIGNATURE Z198 12-si-wsu. A--D/DRESS -7t4 - 6 ( 3 0327 TELEPHONE NUMBER RECEIVED OCT 2 3 2017 DCM- MHD CITY Received DMEC DCM ENFORCEMENT TRACKING REPORT I Issuer Field Rep. .L'L/ a -L MyiTL' f Ion Initial Discovery Date &d ! J Discovery Method Violation Description Violation Case No. J Z 1jd Violated Permit N (if applicable) Was activity No espondent n ormatlon Prior CAMA or um�� .violations. �u2� E�lt/ /'AA/�2,�}i�-FiL/•1.J/� andown /Agent/Contractor) Respondent Names) _ City / �� `jEriG! State —Ad Zip ZiP 2ly Address 2/ ee i1ris �or/�GL v _. Fax # Phone # Email Violation Type: Project Type: Authorizations Required: Site Visits Respondent Present Site Visits Respondentf No Permit, ;tC ndition Private/Community ❑ Govt/Public ❑Major CAMA ❑ Minor ❑ D&F ❑ Parm i o ❑. Expired Permit ❑, Commercial ❑ Inconsistent w/ Rules Tier Level: I General III Violation Location and Site Description Project Location: County Street Address/ State Road/ Lot #(s) Subdivision City ZIP ZiCI �L_.--- Phone # ( _) River Basin 1)45 Adj. Wtr. Body L (nat {ram luuokn) Closest Maj. Wtr. Body Li ❑ Q Lat/Long Shoreline Length SAV: Not Sure Yes Sandbags: Not Sure Yes �o PNA: Yes Adjacent ORW: Yes Adjacent Crit. Hab. Yes Photos es No Waiver Required Yes In nWQ Buffer Area Yes No Specify DWQ Buffer if applicable NOV Date 17 Initial Req. Comp. Date CNOV Date Date Comp, Observed 710409 Ref. Penalty Assessment App./Permit Fee ,r��j{ Sent to Respondent Date Penalty A / Y7 (4 Rcvd. by Dist. Mgr. Date Willful/Intel Assessment Extended Yes No ¢a Continuing RECEIVED (d, Ini ou 2 3 2017 Extension Granted Yes No Restoration Letter Acceptance Date Recomm. Assess. DCM Assess. $ is Total I V 3,A 00 DCM- MHD CITY Formal Assessments, Appeals and Reductions Date Long Form Submitted Date Formal CPA Submitted Final Assessment $ Date Assessment Appealed: Yes No Penalty modified Attorney General's Office for Injunction or Formal Collection Date sent to AG ❑ Respondant not responsive to penalty/NOV n Injunction to complete restoration Date Collection Let. Sent Date Demand Let. Sent Violation Activities and Impacts AECs Affected: �� Wetlands Impacted? Yes6p If yes, which types: CW (tvJv PTA ES PTS OEA HF UBA N/A SA DS CJ SY JR LS TY o%A1s ❑c SS SC SP IF BF 404 Restoration Required by the Respondent Yes & NOTES: O47-1--7/At7t wl/A/ — Closing ) L �n Payment Received $ y-��(i[� Date n L j�v/7 Date Case Closed y% OU y ROY COOPER U."'Mor Coastal Management ENVIRONMENTAL OUALITV NOTICE OF VIOLATION September 25, 2017 CERTIFIED MAIL 7013 2250 0000 6213 5351 RETURN RECEIPT REQUESTED Kurt and Kathleen Vangraafeiland 2188 Rosewell Drive Virginia Beach, Virginia 23454 MICHAEL S. REGAN Secretary BRAXTON DAVIS Uireclor RE: NOTICE OF VIOLATION AND REQUEST TO CEASE UNAUTHORIZED DEVELOPMENT CAMA VIOLATION #17.17A Dear Mr. and Mrs. Vangraafeiland: This letter confirms that on August 30, 2017,1 was adjacent to your property at 134 Willow Drive, Snug Harbor Subdivision, in Perquimans County, North Carolina. The purpose of the visit was to document a boathouse (roof) over an existing boatlift in a man-made canal off of the Yeopim River Information gathered by me for the Division of Coastal Management indicates that you have major development in violation of the Coastal Area Management Act (CAMA). No person may undertake or allow 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.) 11 3A-1 18. I have information that indicates you have undertaken or are legally responsible for the installation of a roof over an existing boatlift, associated with, and adjacent to the aforementioned property. This activity took place in Estuarine Waters and Public Trust Area that are contiguous with the Yeopim River and the Albemarle Sound. Estuarine Waters and Public Trust 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. I request that you immediately CEASE AND DESIST any further unauthorized 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 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 RECEIVED SEP 2 8 2017 State of North Carolum I Environmental Quality I Coastal Management 1367 US Hwy 17 South I Eh-beth City, NC 27909 252-264-3901 DC M- M H D CITY Kurt and Kathleen Vangraafeiland September 25, 2017 Page 2 of 2 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. I request that you contact me at (252) 264-3901 about these important matters. Thank you for your time and cooperation in resolving this important matter. Sincerely, Lynn W. Mathis Field Specialist Cc: Frank A. Jennings, III, District Manager, DCM Roy Brownlow, Compliance Coordinator, DCM Raleigh Bland, USACE Krysta Stygar, USACE sEP a 6 toll DCM MVA Cif Y r / / Kir-a Coastal Management ENVIRONMENTAL QUALITY October 3, 2017 CERTIFIED MAIL 7013 2250 0000 6213 5375 RETURN RECEIPT REQUESTED Kurt and Kathleen Vangraafeiland 2188 Rosewell Drive Virginia Beach, Virginia 23454 RE: CAMA VIOLATION#17-17A Dear Mr. and Mrs. Vangraafeiland: ROY COOPER Covemor MICHAEL S. REGAN Secretary 13RAXTON DAVIS Director This letter is in reference to the Notice of Violation dated September 25, 2017, that Lynn Mathis, representative for the Division of Coastal Management, issued to you for the unauthorized placement of a roof over an existing boatlift at 134 Willow Street, in a man-made canal off Yeopim River, Perquimans County, North Carolina. The violation involved Estuarine Waters and Public Trust Waters, which are Areas of Environmental Concern designated by the Coastal Resources Commission. The activity undertaken appears consistent with the Division's Rules and could have been authorized through the CAMA General Permit process. Therefore, restoration of the impacted area was not requested. The Coastal Area Management Act provides that a civil assessment of up to $10,000.00 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 $432.00 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 $432.00 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 the penalty or request settlement of the penalty. RECEIVED ECE!VED OCT 0 5 Z017 Stale of North Carolina I EavunnmeNal Q°allty 1 Coastal Maaagemeot DCM- MHD CITY 401 S. Griffin Sheet I Suite 300 1 Hlinbeth City, NC 27909 252-264-3901 Kurt and Kathleen Vangraafeiland October 3, 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 Jennings District Manager, Northeastern District NC Division of Coastal Management Enclosures cc: Roy Brownlow, Compliance Coordinator, DCM Lynn Mathis, Field Specialist, DCM RECEIVED OCT 0 5- 2011 DCM- MHt) CITY CAMA VIOLATION #17-17A Kurt and Kathleen Vangraafeiland AGREEMENT TO PAY PROPOSED CIVIL ASSESSMENT I understand that the staff of the Department of Environmental Quality will propose the assessment of a civil penalty in the amount of $432.00 against us for a violation of the Coastal Area Management Act, NCGS 113A-100 et sec, committed on or near property located at 134 Willow Street, Snug Harbor, Perquimans County, North Carolina. In order to resolve this matter with no further action or expense on our part, we accept responsibility for the violation as described in the Notice of Violation letter dated September 25, 2017, and agree to pay the proposed civil assessment of $432.00, DATE SIGNATURE ADDRESS TELEPHONE NUMBER RECEIVED OCT 0 5 2017 DCM- MHD CITY DCM ENFORCEMENT TRACKING REPORT I / Issuer `? _, 1�76 Field Rep. .L� a k.L "JL-T i-i�15 Violation Case No. LPO Violated Permit No. D I _ _ (if appliceue) Was activity Initial Discovery Date d /7 Discovery Method Violation Description , P- l/ - T P-/a'Cf / 1 No Respondent Information Prior CAMA or D//FF Violations: Yes moo' RespondentName(s) �/✓�% 9'%/'GE..�V �n/GzaA-F/L�'�� andowne/Agent/Contractor) Address 2/Sg y1�s��r/�1�/ ��n`z2 City State114 zip. 235/S" Phone # Email Fax # Violation Type: Permit, Permit Condition Expired Permit F1 Inconsistent w/ Rules Project Type: Authorizations Required: Site Visits Private/Community Major CAMA GovL/Public Minor ❑ D&F u Commercial General Tier Level: I II III Respondent Site Visits PresenNo ® ❑. ❑. R Present nt a ❑ ❑. Violation Location and Site Description LaVLong Project Location: County Shoreline Length< Street Address/ State Road/ Lot #(s) / 37 /�/ /�%�1/ S� SAV: Not Sure Yes Sandbags: Not Sure Yes Subdivision S'rf UG / /3di2— PNA: Yes ORW: Yes ®° Adjacent ( ° Adjacent ��- City 1�r f7� iCtyl4 ZIP%� 2�1 Cril Hab. Yes Phone # ( _) /� Adj. Wtr. Body ( .r✓'✓J��H River Basin �`/}�/T/a/7//r (net /unkn) - a Photos es Waiver Required Yes In DWQ Buffer Area Yes No Co No Closest Maj. Wtr. Body T4g.%D/R% Specify DWQ Buffer if applicable:. Restoration Extension Granted Yes No NOV Date w7 Initial Req. Comp. Date . CNOV Date Date Comp. Observed Penalty Assessment App./Permit Fee Sent to Respondent Date �rVE� Penalty Rcvd. b Willful/Intent. Assessmen ended Yes No T 05 2017 Continuing — OC10- MHO CITY�% Restoration Letter Acceptance Date 7J.0409 Ref. Recomm. Assess. DCM Assess. $X� • S $ (Y iR $jc . n $ $ $ $ 3a vo $ Total 3 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? Yesev If yes, which types: CW PT ES PTS OEA HHF UBA N/A SA DS CJ SY JR LS TY PWS: FC: SS SC SP IF BF 404 Restoration Required by the Respondent Yes & Dimensions in excess Dimensions to restore Final dimensions Actually restored of permit/ unauthorized activities allowed Development Activities �;; ,Habitat Description NOTES: A% rL-7//271 afia/ — Payment Received $ Date Date Case Closed MHp CITY