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HomeMy WebLinkAbout05-27A Lassiterimap://Tammy.Bunting%40dcm. denr.ncmail. net@cm s.n cmai I. net:14.. Subject: Re: ##<<SPAM>>## follow up on Lassiter case 05-27A 14 LP _ > _ Ad From: "Brent Thornton" <bthomton@cityofec.com> �-i_ � �� Date: Wed, 30 Aug 2006 13:21:22 -0400 r^0V,14% pr5,t ! To: "Yvonne Carver" <Yvonne.Carver@ncmail.net> ?r,,�, C(Q� C.C. ! ,� Cyst 6&41 vgo usu4 Sf- A0V poG �lwa Dcvc.& ...L c/o o&u.! cj cee Mrs. Carver, I sent out form #05-27A and Mr. L ased all activity on Sept 22,2005 and paid $50.00 violation fine to the city of E.C. ON ct 15, 200 Also enclosed is a copy of sent form #05-27A. / Brent Thornton, �J{�'� Inspections 252-337-6868`>SRtr C a p Z�-' fZ .q D D 39t>� Af To: dlewis ; bthornton Sent: Wednesday, August 30, 2006 12:24 PM Subject: ##<<SPAM>>## follow up on Lassiter case 05-27A The Elizabeth City office of the Division of Coastal Management has on record that a Notice of Violation (NOV) #05-27A was to be issued to Michael R&J Lassiter in the calendar year 2005 through the minor permit program of your office. To date, this case file has not been closed according to our records. It would be greatly appreciated if we could receive an update on this case. If the case is closed, please send a copy of all the correspondence you may have in your case file to our office at 1367 US 17 South, Elizabeth City, NC 27909, to the attention of Kim Hedrick and Yvonne Carver. Thank you for your assistance in this matter. 1 of 2 8/30/2006 1:34 PM imap://Tammy.Bunting"/o4Odcm.denr.ncmail.neten cros.ncmail.net:14.. Yvonne B. Carver Administrative Assistant tI 1357 US 17 South Elizabeth City, MC 27909 Phone: 252-264-3901 Fax: 252-264-3723 2 of 2 8/30/2006 1:34 PM NOTICE OF VIOLATION Sept. 22, 2005 Michael R & J Lassiter 488 Meadstown Rd. Elizabeth City, NC 27909 RE.NOTICE OF VIOLATION AND REQUEST TO CEASE UNAUTHORIZED DEVELOPMENT CAMA MINOR VIOLATION #05-27-A Dear Mr. Lassiter This letter confirms that on August 23, 2005, Kimberly Hedrick, DCM Field Representative, and Ted Sampson, DCM District Manager, were onsite at your property located at 1407 N. Williams Circle adjacent to a tributary of the Pasquotank River located off N. Williams Circle, in or near Elizabeth City, Pasquotank County, North Carolina. The purpose of the visit was to investigate unauthorized development of land clearing, filling, and seeding within 75-ft. of the tributary from Pasquotank River. . Information gathered by the Local Permit Officer and/or the NC Division of Coastal Management shows that you have undertaken minor development in violation of the Coastal Area Management Act. 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.) 11 3A-1 18. 1 have information that you have undertaken, or are legally responsible for, minor development by clearing, filling, and seeding your lot in preparation for a home on the aforementioned property. This activity took place within 75-ft. of normal high water for the estuarine shoreline that is contiguous with the Pasquotank River. The area within 75-ft of normal high water is an area designated as Areas of Environmental Concern (AEC). No 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 Act I request that you immediately CEASE AND DESIST any further development and contact me about this important matter. A civil assessment of up to $250 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 $250. 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 minimum civil penalty of $50 against all violations of this type. 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. Whether a higher amount will be assessed will depend on several factors, including the nature and area of the resources affected and the extent of the damage to them. If restoration of the affected resources is requested, but is not undertaken or completed satisfactorily, a substantially higher civil penalty will be assessed and a court injunction will be sought ordering restoration: 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. A site inspection will be made in the immediate future to determine whether this REQUEST TO CEASE AND DESIST has been complied with. I request that you contact me immediately. Thank you for your time and cooperation in resolving this important matter. 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. Sincerely, Brent Thornton Local Permit Officer Phone 337-6868 Ext, 224 Cc:Frank Jennings, Minor Permit Coordinator, DCM Ted Sampson, District Manager, DCM Roy Brownlow, Compliance Coordinator, DCM DCM ENFORCEMENT TRACKING REPORT 1 � I cJ _ Field Rep. 6,k � Issuer p a,5B Violation Base No. A B C D LPO Violated Permit No. LPI (if applicable) Violation Description Was activity permittable7 Ye No Initial Discovery Date Oo/(to f75 Discovery Method Ohpv)e n• lo,i^A b, Mls 1eresa'3u, Violation Description . A Respondent Name(s) Phone # J`- Email in same AEC: Yes I No _ot SS; itt - City Fax # State 0 Q- Zip ai % 0 el Violation Type: Project Type: Authorizations Required: Site Visits Respondent Site Visits Respondent' Present Present No Permit Private/Community ❑major LAMA I '� t q ❑ LJ ❑ Permit Condition Minor Govt./Public � ❑ D&F �J ❑ ❑ ❑ Expired Permit ❑ Commercial ❑ General ❑ ❑ ❑ Inconsistent wl Rules Violation Location and Site Description Rover File Project Location: County -�)AsQV Street Address/ State Road/ Lot{{�#(s) W wyhS (—Ar&JJ City iL — ZIP_ 2 °i n Phone # ty River Basin -- Tpsa Adj. Wtr, Body\An nti wa ^`^- oAt manlunkal— Closest Maj. Wtr. Body ZX—L'tL � f NOV Date U 0-3 CNOV Date Penalty Assessment Sent to Respondent Date Rcvd by DCM Date Assessment Extended Yes No Shoreline Length SAM Not Sure Yes Sandbags: Not Sure Yes PNA: Yes c9 Adjacent ORW: Yes Adjacent Crit. Hab. Yes Q Photos ® No Waiver Required Yes DWQ Buffer Area Yes SNoIn Specify DWQ Buffer If applicable:_ _ Initial Req: Comp. Date Date Comp. Observed �_--- Extension Granted Yes No Restoration Letter Acceptance Date F71.0409 Ref. I Recomm. Assess. DCM Assess. App./Permit Fee r I$— i $ Penalty I�>\ �� P�_1$ Willful/Intent. I $ i$ Continuing I $ Other _—_-- $ �$ Total i I Formal Assessments, Appeals and Reductions Date Long Form Submitted Date Formal CPA Submitted Final Assessment $ Assessment Appealed Yes No ❑ Penalty modified 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 / N If yes, which types: CW EW PTA ES PTS OEA HHF IH SA Cl ALS TY. SC IF SS SC SP IF BF 404 • PWS: FC: Other: Restoration Required by the Respondent Yes / No Dimensions In excess Dimensions to restore Final dimensions Actually restored of permit/ unauthorized activities allowed Development Activities y ��9y, t���Uii4 oirdl �l ,/✓V.r �'�'� �liS �°�i �'q�..r+' n� i a rid !u r1g461ft Habitat Description b]�#'� Payment Received $_ —_ _Date_ -- Date Case Closed s 0 ,, MAIZE-0 NCDENR North Carolina Department of Environment and Natural Division of Coastal Management Michael F. Easley, Governor Charles S. Jones, Director CERTIFIED MAIL RETURN RECEIPT REQUESTED NOTICE OF VIOLATION September 6, 2005 Michael R & J Lassiter 488 Meadstown Rd. Elizabeth City, NC 27909 Resources William G. Ross Jr., Secretary RE.NOTICE OF VIOLATION AND REQUEST TO CEASE UNAUTHORIZED DEVELOPMENT CAMA MINOR VIOLATION #05-27-A Dear Mr, Lassiter: This letter confirms that on August 23, 2005, Kimberly Hedrick, DCM Field Representative, and Ted Sampson, DCM District Manager, were onsite at your property located at 1407 N: Williams Circle adjacent to a tributary of the Pasquotank River located off N. Williams Circle, in or near Elizabeth City, Pasquotank County, North Carolina. The purpose of the visit was to investigate unauthorized development of land clearing, filling, and seeding within 75-ft. of the tributary from Pasquotank River. . Information gathered by the Local Permit Officer and/or the NC Division of Coastal Management shows that you have undertaken minor development in violation of the Coastal Area Management Act. 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.) 11 3A-1 18. - I have information that you have undertaken, or are legally responsible for, minor development by clearing, filling, and seeding your lot in preparation for a home on the aforementioned property. This activity took place within 75-ft. of normal high water for the estuarine shoreline that is contiguous with the Pasquotank River. The area within 75-ft of normal high water is an area designated as Areas of Environmental Concern (AEC). No 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 Act I request that you immediately CEASE AND DESIST any further development and contact me about this important matter. A civil assessment of up to $250 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 1367 U.S. 17 South, Elizabeth City, North Carolina 27909 Phone: 252-264-3901 1 FAX: 252-264-37231Internet: www.nccoastalmanagement.net An Equal Opportunity 1 Affirmative Action Employer-30% Recycled by Fiber Weight is subject to an additional assessment of $250. 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 minimum civil penalty of $50 against all violations of this type. 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. Whether a higher amount will be assessed will depend on several factors, including the nature and area of the resources affected and the extent of the damage to them. If restoration of the affected resources is requested, but is not undertaken or completed satisfactorily, a substantially higher civil penalty will be assessed and a court injunction will be sought ordering restoration. 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. A site inspection will be made in the immediate future to determine whether this REQUEST TO CEASE AND DESIST has been complied with. I request that you contact me immediately. Thank you for your time and cooperation in resolving this important matter. 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. Sincerely, Kimberly Hedrick Local Permit Officer Cc:Frank Jennings, Minor Permit Coordinator, DCM Ted Sampson, District Manager, DCM Roy Brownlow, Compliance Coordinator, DCM Division of Coastal Management VIOLATION COMPLAINT LOG SHEET OWNER OF PROPERTY: Michael R & J Lassiter 0-j4 r 333 -,as go ADDRESS or LOCATION OF PROPERTY: 1407 N. Williams Circle, Elizabeth City, NC 27909 COMPLAINTANT INFORMATION NAME: Teresa Bonk ADDRESS: 1410 N. Williams Circle, Elizabeth City, NC PHONE NO.: (252)335-7559 COMPLAINT X PHONE RECEIVED DATE: 08/16/2005 TIME: 2:00 PM RECEIVED BY: Kim Hedrick NATURE OF THE COMPLAINT: Truck loads of fill have been placed on 1407 N. Williams Circle without a permit and no siltation fence•to guard tributary off Pasquotank River. They also cut wetland species. REFERRED TO: Kimberly Hedrick AGENCY: DCM Date of Referral: 08/16/2005 REPORT OF INVESTIGATION: On August 23, 2005, Ted Sampson and myself went onsite and found the lot had been filled. The fill seemed to be outside the 404 wetland fringe around the tributary. A silt fence was found, but it was buried under the ground. After review of aerial photography, and found estuarine waters to be coming in from Pasquotank River via the Pond House: Passes under 2 culverts and another small culvert under the Pond House driveway. A letter was mailed to Mr. Lassiter on August 25, 2005 for him to contact this office, because his number is unlisted. We also found City of Elizabeth City employees mowing and weed eating around the tributary and informed them to continue work, but if they had any plans to excavate, to call our office for permitting. SIGNED BY INVESTIGATOR: DATE: FINAL DISPOSITION: Violation ENFORCEMENT RESPONSE: N/A FOLLOW-UP CALL/TO COMPLAINTppANT BY: Kimberly Hedrick /DATE: S70�t! ( jt�e L6fd. / '! ✓iJ���Gn J NCDENR North Carolina Department of Environment and Natural Resources Division of Coastal Management Michael F. Easley, Governor Charles S. Jones, Director August 25, 2005 Michael R & J Lassiter 488 Meadstwon Rd. Elizabeth City, NC 27909 Dear Mr. Lassiter: William G. Ross Jr., Secretary I could not find your phone number listed anywhere, therefore I'm writing this correspondence to ask that you contact me, Kimberly Hedrick, at (252)264-3901. I am a field representative for the Division of Coastal Management and need to discuss development activities taken place at 1407 N. Williams Circle. Thank You, 0 Kimberly Hedrick tV1 1367 U.S. 17 South, Elizabeth City, North Carolina 27909 Phone: 252-264-3901 1 FAX: 252-264-37231 Internet: www.nccoastaimanagement.net An Equal Opportunity 1 Affirmative Action Employer— 30% Recycled by Fiber Weight ;.r3V4x9 M16l t V r ` RR I 1 W p�pL F 1w .nys p a rb ♦ri��). n S t iT" 4r. , 8 Complaintant: Teresa Bonk (252)335-7559 at 1410 N. Williams Circle Wetlands are being cut and possibly filled in prep for house to be built on lot just left of (north of) 1413 N. Williams Circle if facing the water. Hr?�$�) mt as"�'aL `�y f`u y,.S'k�r.�3 � ��tt 1`r "•;*.pt3T r���ta ��- r� } �s \ 'x' t Ix.�,�"Yr�skx v,�✓rff4'Ve+. xise� ti�v���ir}y �^':xP}�. 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