17-24A Lazy Weekends Yard Service

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Coastal Management
ENVIRONMENTAL QUALITY
NOTICE OF VIOLATION
October 2, 2017
CERTIFIED MAIL NO.7013 2250 0000 6213 5368
RETURN RECEIPT REQUESTED
Sean Tunney, President
Lazy Weekends Yard Service, LLC
124 Marine Drive, Unit 100
Edenton, North Carolina 27932
ROY COOPER
Governor
MICHAEL S. REGAN
Sanamry
BRAXTON DAVIS
Director
RE: NOTICE OF VIOLATION AND REQUEST TO CEASE UNAUTHORIZED DEVELOPMENT
CAMA MINOR VIOLATION #17-24A
Dear Mr. Tunney:
This letter is in reference to my onsite meeting with the property owners at 108 Virginia Court, Albemade
Plantation, in Perquimans County, North Carolina. The purpose of the onsite meeting was initially to issue a
permit for a pier and docking system; however, while onsite unauthorized development was discovered on
the aforementioned property. This letter also references our telephone conversation regarding the
unauthorized work.
Information gathered by me indicates that Lazy Weekends Yard Service, LLC's actions as contractor for
Thomas and Judith Lampley are in violation of the Coastal Area Management Act (CAMA). No person, firm
or corporation may undertake minor development in a designated Area of Environmental Concern (AEC)
Without first obtaining a permit from the North Carolina Department of Environment and Natural Resources
pursuant to the North Carolina General Statutes (N.C.G.S.) 113A-118. In this case had an application been
applied for you would have been notified that the action proposed was not permittable.
I have information that indicates you did undertake the construction of a block patio -450sf in area, within 30'
of normal water level on the aforementioned property. This activity took place in Public Trust Shoreline that
is contiguous with Yeopim Creek. Public Trust Shorelines are designated as an Area of Environmental
Concern (AEC). No CAMA permit was issued 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 unauthorized development within any
fesignated AEC. A civil assessment of up to $1,000 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 $1,000. An injunction or criminal penalty may
also be sought to enforce any violation in accordance with N.C.G.S.113A-126. RECEIVED
OCT 0 5 2017
State of North Caroline I Environmental Quality I Coastal Monegemmt DC M - M H D CITY
1367 US Hwy 17 South I Elinbeth City, NC 27909
252-264-3901

•
Lazy Weekends Yard Service, LLC
October 2, 2017
Page 2 of 2
It is the policy of the Coastal Resources Commission is to levy a civil assessment against contractors in
addition to that assessed against the landowner; however, since this is your first documented violation no
civil assessment will be levied against you at this time. You are forewarned that should Lary Weekends Yard
Service, LLC be found in violation the CAMA again you will be assessed a civil penalty.
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. Do not hesitate to contact me at [phone] if you have any
questions.
Sincerely,
Lynn W. Mathis
Field Specialist
NC Division of Coastal Management
cc: Frank Jennings, District Manager, DCM
Roy Brownlow, Compliance Coordinator, DCM
Thomas and Judith Lampley, Owner
RECEIVED
OCT 0 5 2017
DCM- MHD CITY
State of North Carolina I Environmental Quality I Coastal Managetueut
1367 US Hwy 17 South I Elizabeth City, NC 27909
252-264-3901

t
DCM ENFORCEMENT TRACKING REPORT
FieldR.0,. L t rl I*M-t17f ter Violation Case No.
Compliance Rep. 171
Permit No.
LPo 0 (if applicable)
61 LPJ
Violation Description Was activity permittable7 Yes
Initial Discovery Date /'' Discovery Method ev//
Violation Description�F ,/7.'�(/'CYC t.ak �fi%!o IV s0 l 6�/4k�
or D/F Violations: Yes / No Poor Case No:
Respondent Name(s) LTe4- /_U/(,} U,9J LJJ II%M 7N��/tG.t.. 1/IL( t�ai uuwiiciinyvv v�
Address JZ &/dX ?rJ(Il612� ' : Ah 4:-106 City -019W State Zip Z7W
Phone#, 252-gkZ- 1270 Fax#/Email GAA�KtPdO/N�CI[• e-a-w
Violation Type: Project Type: Authorizations Required:. Site Visits Respondent Site Visits Respondent
Present Present
® No Permit Private/Community [].Major CAMA _ ,,,� ❑ ElPermitCondition Govt./Public Minor D&F '�`T'�`g/—� ❑ ❑
0. Expired Permit Commercial General
Inconsistent w/ Rules Tier Level: 1 III
0 El
Violation Location and Site Description Lat/Long`or irJ7"7655.a"
Project Location: County &69 hUMR/W Shoreline Length HJ
Street Address/ State Road/ Lot #(a) SAV: Not sure Yes <g
1013 1KnA(1t Sandbags: Not Sure Yes
(10
PNA Yes (% Adjacent
Subdivision .�/,t'�/ale.9,�l�iC~lfi� ��%r�% w
ORW; Yes [`Mg AdJeceM
city rlc,�je� t� ZIP 27%T� Crfl. Hab. Yes
Phone It ( 1 River Basin _ Photos re No
Adj. Wtr.Body /man/unkn) Waiver Required Yes
,� ' In DWO Buffer Area Yes
Closest Maj. Wtr. Body1-62L6/�LLE. A//j/)7 Specify DWQ Buffer if applicable:_
Extension Granted Yes No
NOV Date a �' -,�7 Initial Req. Comp. Date
Restoration Letter
CNOV Date Date Comp. Observed Acceptance Date
Penalty Assessment
Sent to Respondent Date
Rcvd. by Dist. Mgr. Date
Assessment Extended
RECEIVED
OCT 0 5 2017 13
Yes No
App./Permit Fee
Penalty
Continuing
7J.0409 Ref.
Recomm. Assess.
DCM Assess.
Is 4V
$
$ 0
$
$
$
Total
DCM— MHD CITY

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 penalty/NOV Injunction to complete restoration
Date Collection Letter Sent Date Demand Letter Sent
Violation Activities and Impacts
AECs Affected:
CW EW PTA ES
OEA HHF IH UBA /A
PWS: FC:
Wetlands Impacted? Yssv If yes, which types:
SA DS CJ SY JR LS TY
SS sC SP IF BF 404
Restoration Required by the Respondent Ysse
Dimensions in excess - Dimensions to restore Final dimensions Actually restored
of permit/ unauthorized activities allowed
Deye[opfient Activities
Habitat Description '
ra EBC1\/Cn
ocT052017
DCM- MH
Closing
Payment Received $
Date
Date Case Closed