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HomeMy WebLinkAbout15-13A Mid Town Dev. CorpAM►" OUR North Carolina Department of Environment and Natural Resources Pat McCrory Donald R. van der Vaart Governor Secretary NOTICE OF VIOLATION 7/13/2015 CERTIFIED MAIL 7012 0470 0002 0007 7504 RETURN RECEIPT REQUESTED Mid Town Dev. Corp 7461 North Shore Rd. Norfolk, VA 23505 RE: NOTICE OF VIOLATION AND REQUEST TO CEASE UNAUTHORIZED DEVELOPMENT CAMA VIOLATION #15-13A Dear Mid Town Dev. Corp and Joan Dalis Martone: This letter confirms that on 6/912015, 1 was onsite at your property located at 1910 Bay Drive adjacent to Kitty Hawk Bay located in Kill Devil Hills, off Bay Drive, Dare County, North Carolina. The purpose of the visit was to investigate unauthorized development of rip -rap placed on the shoreline within Kitty Hawk Bay. 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-116. I have information that indicates you have undertaken or are legally responsible for placing rip -rap on the aforementioned property. This activity took place on coastal shoreline that is contiguous with the Kitty Hawk Bay. Coastal Shoreline areas are designated as Areas 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 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 the public for any damage to its natural resources. The amount assessed will depend upon RECEIVED 1367 US 17 South, Elizabeth City, NC 27909 Phone: 252-264-3901 \ FAX: 252-264-3723: Internet: www.nccoastalmanagement.net JUL 17 2015 H4'400 M "W An Equal Opportunity \ Affirmative Action Employer Mid Town Dev. Corp I Martone Page 2 of 2 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. The relevant statutes and regulations are available complying with the requirements of these laws. A determine whether this REQUEST TO CEASE AND contact me at (252) 264-3901 about these important resolving this important matter. Sincerely, 0(ut Will Creef Field Representative from this office, and I am willing to assist you in site inspection will be made in the near future to DESIST has been complied with. I request that you natters. Thank you for your time and cooperation in Cc: Frank A. Jennings, III, District Manager, DCM Kd"rownlow, Compliance!*MiMITMbT 0Vd - Lynn Mathis, Field Specialist, DCM DCM ENFORCEMENT TRACKING REPORT Issuer Rep. ( (rei° i(- o Rep. n LPO ❑ Violation Case No. / r- /3, ` Permit (if applicable) Violation Description Was activity/permittable? Yes / No Initial Discover' Date 6 Zo/S Discovery Method .Jr% Vrf if a Violation Description / " / led Ohl CO¢ �z L N e W heron .-4-_ Kesponaent Information ����// ,/Prior CAMA or D/F V/idations: as / No �yl Respondent Name(s) d ON1Y1 �e, / 104a- H Address 3--I VA rA Shore Rd • city Phone # 15 - `i23 - 3313 (Poss,'b% '') Fax #/Email Violation Type: No Permit ❑ Permit Condition ❑ Expired Permit ❑ Inconsistent w/Rules Project Type: Authorizations Required: ❑ Private/Community ❑. Major ❑ Govt./Public ❑ Minor ❑ Commercial ® General Tier Level: 1 II III Violation Location and Site Description Project Location: County )/Qft Street Address/ State Road/ Lot #(s) l 9'l0 /3ua J7r,'l.c Subdivision Wn A h+ ' Short S City K'a �N,A ( Mn'i�S ZIP 2 } q y Phone # ( _) River Basin q R CAMA ❑ D&F State Zip Z5- dr Site Visits Respondent Present 6 9 Pops ❑ El Site Visits Respondent Present Lat/Long 36. 65161.3 - T- 6 S,S3 y Shoreline Length 7 ',�_ SAV: Not Sure Yes No Sandbags: Not Sure Yes PNA: Yes I Adjacent ORW: Yes Adjacent Crit. Hab. Yes Photos Ye No Adj. Wtr. Body K'444RAOk na /man /unkn Waiver Required Yes No Closest Maj. Wit. Body N In DWQ Buffer Area Yes N Specify DWQ Buffer if applicable: Restoration NOV Date CNOV Date Penalty Assessment Sent to Respondent Date Rcvd. by Dist. Mgr. Date Assessment Extended Yes No Initial Req. Comp. Date Date Comp. Observed App./Permit Fee Penalty Willful/Intent. Continuing Investigative Extension Granted Yes No Restoration Letter Acceptance Date 7J.0409 Ref. Recomm. Assess. DCM Assess. Total RECEIVED JUL 17 2015 wo r Formal Assessments, Appeals and Reductions Date Long Form Submitted Date Formal CPA Submitted Final Assessment $ Attorney General's Office for Injunction or Formal Collection Assessment Appealed: Yes No ❑ Penalty modified Date sent to AG ❑ Respondent not responsive to penaltylNOVFI Injunction to complete restoration Date Collection Letter Sent Date Demand Letter Sent Violation Activities and Impacts AECs Affected: Wetlands Impacted? Yes No If yes, which types: CW EW PTA ES PTS _ OEA HHF IH A SP. DS cJ ' SY - JR LS TY PWS: FC: SS sc SP IF BF 404 - Other: Restoration Required by the Respondent Yes No NOTES: Closing Payment Received $ Date Date Case Closed Parcel Card Page 1 of 1 Parcel Number: 002095998 County of Dare, North Carolina 'Owner and Parcel information is based on current data on file and was last updated on 7/10/2015 Owner Information: MIDTOWN DEV CORP 7461 NORTH SHORE RD NORFOLK VA 23505 Parcel Information: Parcel:002095998 PIN:987412979126 District: 07 - KILL DEVIL HILLS Subdivision: WRIGH73 SHORES LotBIkSect: LOT: RECREATION AREA BLK: SEC: Multiple Lots: - PlatCabSlide: PL: 4 SL: 33 Units: 0 Deed Date: 01/01/1901 BkPg: 0164/0169 11Property Use: VACANT LAND (PROP OWNERS USE and FEATURES ling Use: rior Walls: Baths: Half Baths: (Heat -Fuel: Heat -Type: Air Conditioning: IIMISCELLANEOUS USE USE Description : 07-Sound Front AL LAND AREA: 16000 square feet 'Values shown are Next Year Values on file as of 7/10/2015 Print Date: 7/14/2015 FAWN7,1111111111111 002095-998 07-987412-RT-012 1910 BAY DR Value: Actual Year Built: Finished sqft for building 1: Total Finished SgFt for all bidgs: 0 Land Value: $274,400 11 Total Value: $274,400 RECEIVED JUL 17 1015 http://www.darenc.com/public/parceleard.asp?Parce1=002095998 7/14/2015 Search/View/Find - Inquiry by Parcel Number Results Pagel of I , ® P,ARCELDMA SHEET o e li I)INC, PTIoTos o T.,SX P ti L a Ttx CERTIFICAT'tgN Parcel-002095998 PIN:987412979126 Location:1910 BAY DR District: [07] KILL DEVIL HILLS Subdiv: [W78o] WRIGHT'S SHORES Lot -Block -Sect: LOT: RECREATION BLK: SEC: Multiple Lots: - Living Units: o Plat -Cab -Slide: PL: 4 SL: 33 Status: EXEMPT Billing Values Land: 274,400 Building: o isc• Q Total: 274400 Owner: MIDTOWN DEV CORP Owner: C/O JOAN DALIS NLARTONE Address: 7461 NORTH SHORE RD NORFOLKVA 23505 AREA Ownership: PRIMARY - too Nature of Ownership: .:..Deed Date:,o1/01/1901:. .,... , Bk/Pg: o164/oi6g PUSE: [0030] VACANT LAND (PROP OWNERS ASSOCIATION) Neat Year Values* Land: 274,400 Building: 0 Misc: o Total: 274400 ********** END OF RECORD ********** (data file last updated on 7/10/2015) *Next year values on file as of 7/10/2015 Dare County Government 954 Marshall C Collins Dr PO Box i000 Manteo NC 27954 Phone: 252.475.5000 http://wnA�w.darene.comlpublic,'TaxingParceiRslts.asp?ParcelNumber=002095998 7/14/2015 Ndap Output Page I of 1 RECEIVED JUL 17 1015 httpaldaregis.darenc.com/servleticorn.esri.esrimap.Esrimap?ServiceName=flood&CIientV... 7/ 14/2015