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Home My WebLink About15-07A LewisPat McCrary Governor A�� I�CDEE R North Carolina Department of Environment an May13, 2015 CERTIFIED MAIL No. 7012 3460 0002 0625 5337 RETURN RECEIPT REQUESTED Richard & Jean Lewis C/o Larry Cunningham Post Office Box1943 Elizabeth City, North Carolina 27909 d Natural Resources Donald R. van der Vaart Secretary RE: STOP WORK ORDER AND NOTICE OF FAILURE TO APPLYFOR CAMA PERMIT CAMA MINOR VIOLATION #15.07A Dear Mr. Cunningham: This letter confirms that on February 3, 2015, 1 was onsite at lot 120—M on Drake Trail, Snug Harbor Subdivision, adjacent to a man-made canal, in Perquimans County, North Carolina. The purpose of the visit was to investigate unauthorized development involving the placement of unconsolidated fill within the Public Trust Shoreline Area of Environmental Concern. This also confirms a subsequent office visit to discuss permit requirements, and an assurance that an application would be submitted in a timely manner. Information gathered by me shows that minor development has been undertaken and no CAMA Minor Development Permit has been issued for this development activity. No person may undertake minor development in a designated Area of Environmental Concern without first obtaining a permit from the North Carolina Department of Environment and Natural Resources, North Carolina General Statutes (N.C.G.S.) 113A-118. I have information that Mr. or Mrs. Lewis have undertaken, or are legally responsible for, minor development by placing or allowing the placement of unconsolidated dirt fill to be placed within the 30' buffer on the aforementioned property. This activity took place in the Public Trust Shoreline that is contiguous with the adjacent man-made canal and Yeopim Creek. Public Trust Shoreline areas are designated as Area(s) of Environmental Concern (AEC). You are hereby requested to STOP ANY FUTHER UNAUTHORIED WORK IMMEDIATELY and file the necessary application with this office for a CAMA Minor Development Permit by June 5, 2015. NO WORK MAY PROCEED UNTIL THE PERMIT IS ISSUED. If you comply voluntarily, no further action will be necessary beyond the issuance of a permit. Failure to file an application or continuation of work after receipt of this Notice may constitute a violation of the Act and you may be subject to civil and/or criminal penalties as provided by North Carolina General RECEIVED 1367 US 17 South, Elizabeth City, NC 27909 MAY 16 1015 Phone: 252-264.39011 FAX 252-264-3723 Internet: www.nccoastalmanaaement.nel Equal Opportunity/Affirmative Action Employer WeM.MpIN) to" Richard and Jean Lewis C/o Larry Cunningham May 13, 2015 Page 2 of 2 Statute (NCGS)113A-126. 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 $1,000. An injunction or criminal penalty may also be sought to enforce any violation in accordance with NCGS 113A-126. Since this is their first documented offense, there will be no assessment levied. However, if they or anyone else continue to violate the Coastal Area Management Act at this site, you should consider them as having been forewarned and expect a civil assessment to be levied against consistent with the North Carolina Administrative Code, Title 15A, Subchapter 7J, Section .0409, as adopted by the Coastal Resources Commission. Thank you for your time and cooperation in resolving this important matter. The relevant statutes and regulations are available from this office, and I am willing to assist you in complying with the requirements of the law. A site inspection will be made in the near future to determine whether this STOP WORK ORDER has been complied with. I request that you contact me immediately about these important matters. Sincerely, Lynn W. Mathis Field Specialist NC Coastal Management Enclosure Cc: Frank Jennings, District Manager, DCM .—Ray-13rownlow, Compliance Coordinator, DCM DCM ENFORCEMENT TRACKING REPORT Issuer Field Specialist Llx! /l1s9�7tiS � Violation Case No. 74 LPO ❑ Violated Permit No. LPJ (if applicable) Violation Description Was activity permittable? No Initial Discovery Date 9, 15 Discovery Method jf44#14,Z y 5*1 /-,11 Violation Description 4" r5'/61'S� F/GL ` ,4j /A/ 30 isc.i✓f7Cbo'L NT /1/ho Respondent Name(s) Address .,V. t d Y3 City E44li6y`Zf Crf7 state. {I iL zip 2 Phone # Fax # Violation Type: Project Type: Authorizations Required: Site Visits Respondent Site Visits Respondent No Permit Permit Condition Expired Permit PLVwaLQpmmunity Govt./Public ❑ Commercial Major CAMA Minor ❑ D&F General Present �Z �F "= ❑ Present ❑ ❑ inconsistent w/ Rules Tier Level: _Q II III El El Violation Location and Site Description Project Location: County ?64u1A11 f& Street Address/ State Road/ Lot #(a) Subdivision City Phone # ( _). River Basin Adj. Wtr. Body _SAAA G (net v unkn) Closest Maj. Wtr. Body NM§ Ck -A- fi141511l NOV Date Initial Req. Comp. Date CNOV Date Date Comp. Observed Penalty Assessment Sent to Respondent Date App./Permit Fee Rcvd. by Dist. Mgr. Date Penalty Assessment Extended Yes No Willful/Intent. Continuing Investigative Lat/Long Shoreline Length > .�5�0 SAV: Not Sure AV No Sandbags: Not Sure Yes 4110 PNA: Yes 41b Adjacent ORW: Yes Qp Adjacent Crit. Hat. Yes �r Photos Cib No Waiver Required Yes RECEIVED In DWQ Buffer Area Yes Specify DWQ Buffer if applicable: MAY 1 A 205 Extension Granted Yes No Restoration Letter Acceptance Date 7J.0409 Ref. Recomm. Assess. DCM Assess. $ $ Total 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 ❑ Respondant 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 MQ�1 If yes, which types: CW EW PTA ES PTS n OEA HHF IH USA. N/A SA DS CJ SY JR LS TY PWS: FC: SS SC SP IF BF 404 Other: Restoration Required by the Respondent Yes(S) Dimensions in excess Dimensions to restore Final dimensions Actually restored of permit/ unauthorized activities allowed Development Activities Habitat Description d!t ourk� NOTES: %U P/—Z— Y r A✓iAQ 19 / d! /c i-Zd /ZL7//&y � rL brli/_�TTj -- .Ih�a�-,2 /2riZ�/Wc`rj 0 Closing Payment Received $. Date Date Case Closed mp, x, !raw it .1 r I`A` P:5- 4' lerquimans County, NC PROPERTY MAP ocacmler PIN Number: 7856-90-9874 Parcel Number: 2-D085-MI20-SH Owner Name: LEWIS, RICHARD L. & JEAN S. Owner Address: % LARRY CUNNINGHAM Owner Address 2: P.O. BOX 1943 Owner Address 3: ELIZABETH CITY, NC 00000 Owner Account: 0223205 iamma Description: 120-M SNUG HARBOR Deed Book: 124 Plat Map: Plat Slide: Record Date: 02103/88 Sold Date: Deed Acres, Tax Value: 20,000 Use Value: Township: BETHEL One Inch = 50 Feet W77 DCM ENFORCEMENT TRACKING REPORT Issuer Field Specialist Z A4"z ekttE—Z rS ,� LPO ❑ LPJ Violation Description Initial Discovery Date .j /sue Discovery Method Violation Description Prior CAMA or D/F Violations: Yes Respondent Name(s) ta4Avf" 7 VCYinl LbWtj Address A Q "�" �t/9� / lr% City Phone # Email Fax # Violation Case No. /Z�-- ® 74 Violated Permit N (R applicable) Was activity permittable? & / No State (/ e Zip Violation Type: Project Type: Authorizations Required: Site Visits Respondent Site Visits Respondent No Permit Permit Condition Priv mmunity Govt./Public ❑ Major ❑ CAMA Minor ❑ D&F Present �gC t�F Present ❑ ❑ Expired Permit ❑ Commercial General �Z ��t �� f "— ❑ ❑ ❑ Inconsistent w/ Rules Tier Level: t9 II III ❑ ❑ Violation Location and Site Description Lat/Long Project Location: County "...,,� �((/[if7([s Shoreline Length �S�O Street Address/ State Road,/Lot #(s) SAV: Not sure 159 No IZA JJ lL,t/ Sandbags: Not Sure Yes Subdivision r: PNA: Yes 4D Adjacent ORW: Yes Adjacent City ZIP '2'j �� U Crit. Hab. Yes Phone # ( _). River Basin Photos t3k No RECEIVED Adj. Wtr. Body CAVA (net e.✓ unkn) Waiver Required Yes — !/L�rntul In DWQ Buffer Area Yes ® �LIN 1 2 iu>5 Closest Maj. Wtr. Body rk 4' A(4bmA!tE u.n Specify DWQ Buffer if applicable: —_.. _. kX00--9t;wv Restoration NOV Date CNOV Date Penalty Assessmeht Sent to Respondent Date Rcvd. by Dist. Mgr. Date Assessment Extended Yes Initial Req. Comp. Date Date Comp. Observed App./Permit Fee Penalty No Willful/Intent. Continuing , Extension Granted Yes No Restoration Letter Acceptance Date 7J.0409 Ref. Recomm. Assess, DCM Assess. Total 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? Yes YA71 If yes, which types: CW EW PTA ES PTS - `J OEA HHF IH 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 Dimensions in excess Dimensions to restore Final dimensions Actually restored of permit/ unauthorized activities allowed y Development Activities Habitat Description bit / i/ irNW,I1`!7Z4L_ Closing (_ �/) _ Payment Received $.��yy��A W Date Date Case Closed O 1( J 1%1AC&/t YAAGllli�t-r- Z,AAA,Y cu.Nrvt �!G h�4