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