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Home My WebLink About17-13A TannerROY COOPER Coastal Management ENVIRONMENTAL OUALITY NOTICE OF VIOLATION July 14, 2017 CERTIFIED MAIL 70151520000366154394 RETURN RECEIPT REQUESTED William L. Tanner, Jr. 12208 Hampton Valley Ter. Chesterfield, VA 23832 MICHAEL S. REGAN Sn,,,v v BRAXTON C. DAVIS r��,erve, RE: NOTICE OF VIOLATION AND REQUEST TO CEASE UNAUTHORIZED DEVELOPMENT; CAMA VIOLATION #17-13A Dear Mr. Tanner: This letter confirms that on June 26, 2017, while responding to a complaint, I was adjacent to your property located at 1909 Harbour View Drive, which is adjacent to the Albemarle Sound and located in Colington Harbour, Kill Devil Hills, Dare County, North Carolina. I observed unauthorized development of the installation of a boatlift on your property, and no permit was issued for this activity. This also serves to confirm our phone conversation on June 30, 2017, and emails on July 3, 2017, July 5, 2017, and July 11, 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. I have information that indicates you have undertaken or are legally responsible for the installation of a boatlift on the aforementioned property. This activity took place in the Estuarine Waters and Public Trust Areas that are contiguous with the Albemarle Sound. Estuarine Waters and Public Trust Areas are designated as Areas of Environmental Concern (AECs). 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. I request that you immediately CEASE AND DESIST any further unauthorized 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. RECEIVE® JUL 2 0 2017 State of North Carolina I Environmental Quality I Coastal Mat,9eem�t� a 401 South Czr�n Street, Suite 300 I Elizabeth City, NC 27909 666��rr M H D CM 252-264-3901 William Tanner July 14, 2017 Page 2 of 2 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. The development you have undertaken --the installation of a boatlift within the 15' riparian corridor —would have required a permit, as well as a waiver for the 15' setback requirement from the riparian property owner of 1911 Harbour View Drive in Colington Harbour, Dare County. On July 11, 2017, you provided the following information regarding the installation of the boatlift: 1) a copy of an adjacent riparian property owner statement noting the addition of a boatlift measuring 11'-6" by 12'-6", to be installed on the right side of your existing pier, 1 a) the riparian property owner statement was signed and initialed by George M. Petro on August 23, 2015, waiving the 15' setback requirement, and 2) you confirmed that the boatlift was installed on 09/1912015. Based upon review of the CAMA, Coastal Resources 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. It is requested that you contact me immediately about these important matters. Sincerely, yv-s�•�n�z � Ca--W--1_ Yvonne B. Carver Field Representative Cc: Frank A. Jennings, III, District Manager, DCM, Elizabeth City, NC Roy Brownlow, Compliance Coordinator, DCM, Morehead City, NC George Petro, Virginia Beach, VA RECEIVED JUL 2 0 2017 DCM- MHD CITY ,DCM ENFORCEMENT TRACKING REPORT \' Issuer Field Rep. IV M n n o-!' V �-( p'_ Violation Case No. , LPO ❑ Violation Description Initial Discovery Date Violation Description or Violated Permit No. (itaPpliwble) Was activity permittable? Yes / No Respondent Name(s) W c Et i' c..,..� �-. r0.an>•f't, Sc• Address... /Z29b' rtd.•r•�4-�,. i'•', ((•� i '`r: city .k':�st�Lr Phone# Athy - fin' 'L7`7.� Fax# Email bJ.rI) n c-.- •m Y w h a c., Stated Zip 219 :L— Violation Type: Project Type: Authorizations Required: Site Visits Respondent Site Visits Respondent No Permit �Private/Community d Major MCAMA Present 1V .�� Present Permit Condition Govt./Public n Minor Q D&F D' Expired Permit Q. Commercial I& General tt El El ❑: Inconsistent w/ Rules Tier Level: I II) III Ell:, 11 Violation Location and Site Description Project Location: County D o-c( Street Address/ State Road/ Lot #(s) ':s . _Crar b o --t-_ V1 ',.0 t Subdivision C" /7 — 4 -.r�%r ¢�.. City„ 00 J`i Wi ( zip Phone # ( _):- _ ; River Basin 0. s t+.-y `ka, � A? r7 5 -, "- 3- ' 22 Lat/Long /J Inl Shoreline Length 'y ! SAV: Not Sure Yea �� tL° ) Sandbags: Not sure Yes No PNA: Yes No Adjacent ORW: Yes No) Adjacent Crit. Hap. Yes No Photos Yes No Adj. Wtr. Body 14 �b ,nwr^ 1< j -1 na /man/unkn) Waiver Required Yes, No Closest Maj. Wtr. Body 4-1LAX cs- In DWQ Buffer Area Yes CO Specify DWQ Buffer if applicable: Restoration .t NOV Date f5 Initial Req. Comp. Date CNOV Date Date Comp. Observed Penalty Assessment Sent to Respondent Date App./Permit Fee Penalty Rcvd. by Dist. Mgr. Date Assessment Extended Yes No Willful/Intent. RECENED Continuing Investigative JUL 2 0 W7 Extension Granted Yes No Restoration Letter Acceptance Date 7J.0409 Ref. Recomm. Assess. DCM Assess. $ $ $ 32. �� $ Total I L132u ' [)CM- Formal Assessments, Appeals and Reductions I Date Long Form Submitted f _ Date Formal CPA Submitted Final Assessment $ Assessment Appealed: Yes No r. Penalty modified Attorney General's Office for Injunction or Formal Collection A 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 No If yes, which types: CW G PTA ES PTS OEA HHF 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 No Dimensions in excess Dimensions to restore Final dimensions of permit/ unauthorized activities allowed Actually restored Development Activities Habitat Description NOTES: • Cw (k r — y ¢ el M .�r-- es r-y c, ��,•'�'"'' r % .S 7_ .S % 2 -) 7 / "7 / O ti e9 /Z 1 427f- M Closing REGEIVED Payment Received $ Date 2017 Date Case Closed DCM- MHD CITY Ea ADJACENT RIPARIAN PROPERTY OWNER STATEMENT �A I hereby certify that I own property adjacent to I'.1 � � Gi Grn ��YI'yy✓ DCM-EC (Name of Property Owner) property located at i �!?� '�loVi�><w QeLu=� (Address, Lot, Block, Road, etc.) on i�L Mui It in k%/t Did/ I}�l)t N.C. (Waterbody) (CityiTown and/or County) The applicant has described to me, as shown below, the development proposed at the above Igca o I have no objection to this proposal. 1 have objections to this proposal. DESCRIPTION AND/OR DRAWING OF PROPOSED DEVELOPMENT (lndh4duatproposing development must fill in description below or attach a site drawing) 61f C. 66m4 1-. l'il{ ��;it. n� v;ik -to a , C.� Tti:f u•if is v;c `{MtiW dl,Ln�x p' a- j, xt�,ll@AH'w 0�'b'�rnni,,i"f�`�iourY✓J SwF Wcf rte%ifl� „ ,tt,,.-V: J RECEIVED ^—, JUL 2 0 2017 DCM- MHD CITY WAIVER SECTION I understand that a pier, d4ck,mooring pilings, boat ramp, breakwater, boathouse, lift, or groin must be set back a minim m distance of 15' from my area of riparian access unless waived by me. (If you wish to waive t T setback, you must initial the appropriate blank below.) 1 do wish to waive the 15' setback requirement. t do not wish to waive the 15' setback requirement. (Property Owner Information) 67 Signature or Type Name Bl3.2 s (Revised Aug. 2014) 'Valid for one calendar year after signature' owc. net' M ROY COOPER r. Coastal Management ENVIRONMENTAL QUALITY July 21, 2017 CERTIFIED MAIL 7015 1520 0003 5515 4400 RETURN RECEIPT REQUESTED Mr. William Tanner 10307 W. Broad Street, #259 Glen Allen, VA 23060-6716 RE: CAMA VIOLATION #17-13A Dear Mr. Tanner: MICHAEL REGAN S',".,, BRAXTON DAVIS Du"a,,, RECEIVED JUL 31 2017 DCM- MHD CITY This letter is in reference to the Notice of Violation dated July 14, 2017 that Yvonne Carver, representative for the Division of Coastal Management, issued to you for unauthorized installation of a boatlift at 1909 Harbour View Drive in Colington, Dare County. The violation involved the Estuarine Waters and Public Trust Areas, 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 $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 may 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. State of North Carolina I Environmental Quality I Coastal Management 401 S. Griffin St. Ste 300 I Elizabeth City, NC 27909 252-264-39011252-331-2951 [fax] Mr. William Tanner July 21, 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 FJ/yc Enclosures cc: Roy Brownlow, Compliance Coordinator, DCM, Morehead City Yvonne Carver, Coastal Management Representative, DCM, Elizabeth City CAMA VIOLATION #17-13A William Tanner 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 me for violation of the Coastal Area Management Act, NCGS 113A- 100 et seq, committed on or near property located at 1909 Harbour View Drive in Colington, 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 July 14, 2017, and agree to pay the proposed civil assessment of $432,00. WE SIGNATURE ADDRESS TELEPHONE NUMBER RECE VED JUL 31 2017 DCM- MHD CITY t,. Coastal Management ENVIRONMENTAL OUALITV August 3, 2017 William Tanner 10307 W. Broad Street, #259 Glen Allen, VA 23060-6716 ROY COOPER Governor MICHAEL S. REGAN secretary BRAXTON C. DAVIS Director RE. Payment of Proposed Penaltyfor Violations of the Coastal Area ManagementAct, Dare County, LAMA Violation #17-13A Dear Mr. Tanner: This letter will acknowledge receipt of MoneyGram #R207414964053, in the amount of $432.00, and dated 07/31/17. Once the amount of the money order 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, r Frank Jenni gs, District Manager Northeastern District Division of Coastal Management FJ/eg cc: Roy Brownlow, Compliance Coordinator, DCM, Morehead City Yvonne Carver, Coastal Management Rep., DCM, Elizabeth City RECEIVED AUG 10 2011 DCM- MHD CITY ' Norhing Compares -�, State of North Camhna I Environmental Quality 1 Coastal Mmigemwt 401 S. Griffin St., Ste 3001 Elizabeth City, NC 27909 252-264-39011252-331-2951 [fax] CAMA VIOLATION #17.13A William Tanner 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 me for violation of the Coastal Area Management Act, NCGS 113A- 100 et seq, committed on or near property located at 1909 Harbour View Drive in Colington, 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 July 14, 2017, and agree to pay the proposed civil assessment of $432.00. DATE Received AUG 01 fin, DMEC ADDRESS Iyall h/C d 7gya 83PK--9 ?' - a999 TELEPHONE NUMBER s -, AUG 10 2017 DCM- MHD CITY NC Division of Coastal Management 9 Cashier's Official Receipt Received From: d4' ll' a n,- ✓ n Permit No.: C� 4 ViO /q�0� Applicant's Name: IW �/• ^'� ^ ^ e, Project Address: Pd A�BCD Date: 20 � $ ��• D p/ Check No:21OZ4/�i7 County: IG r.- Please retain receipt for your records as proof of payment for permit issued. Signature of Agent or Applicant: / Signature of Field Representative: vgi �w y Date: �" Date: 4 % 1 RECEIVE AUG 10 2017 I)CM- MHD CI7`y