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Home My WebLink About05-12A MitchellWilliam Jeffrey Mitchell June 28, 2005 Page 3 CAMA VIOLATION #05-12A AGREEMENT TO PAY PROPOSED CIVIL ASSESSMENT refi%FM e JVR� rr v5F ...�9 C7 Am JUL e LUU5 Co NP"rAl.1,A6MAPIAOEW ,II JT. I understand that the staff of the Department of Environment and Natural Resources will propose the assessment of a civil penalty in the amount of $350 against me for violation of the Coastal Area Management Act, NCGS 113A-100 et sec , committed on or near my property at 2048 Rivershore Road, Elizabeth City, in Pasquotank County, North Carolina. In order to resolve this matter with no further action or expense on my part, I accept responsibility for the violation as described in the Notice of Violation letter dated June 16, 2005, and agree to pay the proposed civil assessment of $350. '7/,/os DATE SIGNATURE zw-s �L�s AW ADDRESS A,7Jc. z-7909 Zs2.3�8- lG.� 7 TELEPHONE NUMBER 10 G/ r� ARA NCDENR North Carolina Department of Environment and Natural Division of Coastal Management Michael F. Easley, Governor Charles S. Jones, Director July 13, 2005 Mr. William Jeffrey Mitchell 2053 Rivershore Road Elizabeth City, NC 27909 William G. Ross Jr., RE: Payment of Proposed Penalty for Violations of the Coastal Area Management Act, Pasquotank County, CAMA Violation #05-12A Dear Mr. Mitchell: This letter will acknowledge receipt of your Check #6994 in the amount of $350, and dated 07/01/05. Once the amount of the check is credited to the Department of Environment and Natural Resources' account, this matter will be fully and completely closed. If you have any further questions concerning this matter, please contact me at my Elizabeth City office at 252-264-3901. Sincerely, /4i d Sam n District Manager cc: Ted Tyndall, Assistant Director, DCM, Morehead City Roy Brownlow, Compliance Coordinator, DCM, Morehead City Frank Jennings, Coastal Management Representative, DCM 1367 U.S. 17 South, Elizabeth City, North Carolina 27909 Phone: 252-264-3901 \ FAX: 252-264-3723 \ Internet: www.nccoastaimanagement.net An Equal Opportunity \ Affirmative Action Employer- 30% Recycled by Fiber Weight DCM ENFORCEMENT TRACKING REPORT Issuer � S - � Field Rep. =n2. �,vnva i � /�C A/ t: ❑ Violation Base No. A B C D LPO q Violated Permit No. LPJ (if applicable) Violation Description Was activity permittable? SP/ No Initial Discovery Date G /O of Discovery Method ePoWere Fc9,C �e,PM I T r Violation Description •ay,• f1 -9- Case Number Violation Type: Project Type: Authorizations Required: Site Visits Respondent Site Visits Respondent' ® No Permit 54 Private/Community P4 Major CAMA Present G iolna Present ❑ Permit Condition ❑ Govt./Public ❑ Minor ❑ D&F T O ❑ Expired Permit ❑ Commercial ❑ General n ❑ ❑ Inconsistent w/ Rules Violation Location and Site Description Rover File 4; i io i7 / Project Location: County PA49tevIraw�' Shoreline Length Street Address/ State Road/ Lot #(s) �W 4e /l�l��Fd�° t O— SAV: Not Sure Yes fbne Sandbags: Not Sure Yes Subdivision / ltflSlOcc1t/ ICES ' PNA: Yes r4V Adjacent city �Jfz, Le• h li1 �V ZIP- L9-2! � ORW: Yes�r77 Crit. Hab. yes49 Adjacent River Basin _ lC 14'S fto T N h/tC Phone# (_)—_ — Photos 6P No Adj. Wtr. Body 1 .A-VVAc_ — fnat lunkn).- Waiver Required (fev Yes No Closest Maj, Wtn Body }�S 4�uC� IC /� J Vey% In DWQ Buffer Area Specify DWQ Buffer ifapplicable: Restoration N4 J Extension Granted Yes No NOV Date �� 0) Initial Req. Comp. Date Restoration Letter CNOV Date - 6 a-2f o '� Date Camp. Observed __--- Acceptance Date Penalty Assessment Sent to Respondent Date Yes rrn Rcvd by DCM Date Assessment Extended 710409 Ref. j Recomm. Assess. DCM Assess. App./Permit Fee is 05-0 $ Penalty r ii ---I$- Willful/Intent. $ i Continuing j s ; $ - -J Other - -- is i$ ! Total 3 5 C] _-- 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 / (gV If yes, which types: CW C ® PTS OEA HHF 1H SA DSCJ SY 1R ' LS TY ss—sc—sP—IF—BF--nfla PWS: FC: Restoration Required by the Respondent Yes / 9p! Dimensions In excess Dimensions to restore Final dimensions of permit/ unauthorized activities -allowed Actually.. restored Development Activities Habitat Description NOTES: Closing Payment Received S__3 5 o—__ _Date_�— g% � Date Case Closed p fLI r NCDENR North Carolina Department of Environment and Natural Resources Division of Coastal Management Michael F. Easley, Governor Charles S. Jones, Director William G. Ross Jr., Secretary CERTIFIED MAIL RETURN RECEIPT REQUESTED William Jeffrey Mitchell 2053 Rivershore Road Elizabeth City, NC 27909 Dear Mr. Mitchell: pg!!IVED June 28, 2005 5 2005 "/' Morehead City DCM RE: CAMA VIOLATION #05-12A This letter is in reference to the Notice of Violation dated June 16, 2005, that Frank Jennings, representative for the Division of Coastal Management, issued to you for the construction of a boathouse at 2048 Rivershore Road, Elizabeth City, Pasquotank County. The violation involved Estuarine Waters, Estuarine Shoreline and Public Trust Area, which are Areas of Environmental Concern (AEC) designated by the Coastal Resources Commission. The Coastal Area Management Act provides that a civil assessment of up to $2,500 may be assessed for any violation. It is the policy of the Coastal Resources Commission to assess a civil penalty for all violations in order to recover some of the costs of investigating violations and/or to compensate the public for any damage to its natural resources. Under the rules of the Coastal Resources Commission, a proposed civil penalty in the amount of $350 is appropriate for this violation. You may expeditiously resolve this matter prior to the assessment of a formal civil penalty by accepting responsibility for the violation and paying the amount proposed above. In order to do this, you must: (1) sign one of the attached copies of an "Agreement to Pay Civil Assessment;" (2) attach a check or money order for $350 made payable to the North Carolina Department of Environment and Natural Resources (NCDENR); and, (3) return the signed agreement and payment to this office in the enclosed, self-addressed envelope within ten (10) days of your receipt of this letter. Upon deposit of your check in the Department's account, you will receive a Notice of Compliance officially closing this enforcement action. If you do not send a signed agreement and payment to this office within ten (10) days, the Director of the Division of Coastal Management will formally assess a civil penalty against you. You will then have the opportunity to request a hearing on the penalty or request remission of the penalty. 1367 U.S. 17 South, Elizabeth City, North Carolina 27909 Phone: 252-264-39011 FAX: 252-264-37231 Internet: www.nocoastalmanagement.net An Equal Opportunity 1 Affirmative Action Employer - 30% Recycled by Fiber Weight William Jeffrey Mitchell June 28, 2005 Page 2 Thank you for your time and cooperation in resolving this important matter. If you have any questions, please do not hesitate to contact me at (252) 264-3901. Sincerely, ed Samp7W District Manager TS/yc Enclosures cc: Ted Tyndall, Assistant Director, Division of Coastal Management, Morehead City, INC Roy Brownlow, Compliance Coordinator, DCM, Morehead City, NC Frank Jennings, Coastal Management Representative, DCM { William Jeffrey Mitchell June 28, 2005 Page 3 CAMA VIOLATION #05.12A AGREEMENT TO PAY PROPOSED CIVIL ASSESSMENT I understand that the staff of the Department of Environment and Natural Resources will propose the assessment of a civil penalty in the amount of $350 against me for violation of the Coastal Area Management Act, NCGS 113A-100 et seg, committed on or near my property at 2048 Rivershore Road, Elizabeth City, in Pasquotank County, North Carolina. In order to resolve this matter with no further action or expense on my part, I accept responsibility for the violation as described in the Notice of Violation letter dated June 16, 2005, and agree to pay the proposed civil assessment of $350. DATE SIGNATURE ADDRESS TELEPHONE NUMBER w NCDENR North Carolina Department of Environment and Natural Division of Coastal Management Michael F. Easley, Governor Charles S. Jones, Director NOTICE OF VIOLATION June 16, 2005 CERTIFIED MAIL RETURN RECEIPT REQUESTED William Jeffrey Mitchell 2053 Rivershore Road Elizabeth City, NC 27909 Resources William G. Ross Jr., Secretary RE:NOTICE OF VIOLATION AND REQUEST TO CEASE UNAUTHORIZED DEVELOPMENT CAMA VIOLATION #05-12A Dear Mr. Mitchell: This letter confirms that on June 10, 2005, 1 was onsite at your property located at 2048 Rivershore Road adjacent to a man-made canal of the Pasquotank River located in or near Elizabeth City, Pasquotank County, North Carolina. The purpose of the visit was to investigate unauthorized development of a boathouse within a basin off the adjacent canal. This letter also confirms our meeting in my office on June 10, 2005, and prior to my site visit. 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-1 18. I have information that indicates you have undertaken or are legally responsible for construction of a 576- square foot boathouse on the aforementioned property. This activity took place in the Estuarine Waters, Estuarine Shoreline and Public Trust Area that are contiguous with the Pasquotank River. The Estuarine Waters, Estuarine Shoreline and Public Trust Area are 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 unauthorized activities within designated Areas of Environmental Concern. A civil assessment of up to $2,500 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 up to $2,500. An injunction or criminal penalty may also be sought to enforce any violation (N.C.G.S. 11 3A-1 26). 1367 U.S.17 South, Elizabeth City, North Carolina 27909 Phone: 252-264-3901 1 FAX: 252-264-37231 Internet: www.noroastaimanagement.net An Equal Opportunity 1 Affirmative Action Employer- 30% Recycled by Fiber Weight William Jeffrey Mitchell June 16, 2005 Page 2 It is the policy of the Coastal Resources Commission to levy a minimum civil assessment of $350 not to exceed $2,500 against all violations. This is done to recoup some of the costs of investigating violations and/or to compensate the public for any damage to its natural resources. Whether a higher amount will be assessed depends on 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. However, please be advised that upon request, you must be able to provide us proof that you have given your adjacent riparian property owner(s) notice of this unauthorized development and provided them the opportunity to comment to the Division of Coastal Management. Should you be requested to provide this documentation, you must provide confirmation that a written statement has been obtained, signed by the adjacent riparian property owners, indicating that they have no objection to the completed work; or you must provide confirmation that the adjacent riparian property owners have been notified by certified mail of the completed work. This notice shall instruct adjacent property owners to provide any comments on the completed development in writing to this Division within ten (10) days of receipt of the notice and shall indicate that no response from them will be interpreted as not having any objection. Thank you for your time and cooperation in resolving this important matter. If you have any questions about this or related matters, please call me at 252-264-3901. 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(s). 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 near future to determine whether this REQUEST TO CEASE AND DESIST has been complied with. I request that you contact me immediately about these important matters. Sincerely, TT Frank A. Jennings, I PI Coastal Management Representative FAJ/ybc inTed Tyndall, Assistant Director, DCM, Morehead City Sampson, District Manager, DCM, Elizabeth City Brownlow, Compliance Coordinator, DCM, Morehead City DCM ENFORCEMENT TRACKING REPORT Issuer 1-041111. Fie!d Rep. = w�ua sT 6e-4 t Fr r Violation Base No.--(:A7 B C D LPO Violated Permit No. LPJ (if applicable) Violation Description Was activity permittable? P/ h 01/ Discove Method �••�� Se<G .� okTe0 Gur,</Le rf-p �.;i,✓ Initial Discovery Date ti /� ry i° prd&j r Violation Description wy4 - Prior Violations Respondent Name(s) Z Address 0 C3 /QIye�S nBR P 6 A ro City Phone # 55 2 - 6 3 Fax # yes Igw ..)VGSCA'AUII Warn State 0, I^- Zip a 7 i L tmaa Violation Type: Project Type: Authorizations Required: Site Visits Respondent Site Visits Respondent Present ® No Permit Privatelcommunity X Major LAMA Present / f /i //Oio b El ❑ Permit Condition ❑ Govt./Public El Minor ❑ D&F T— 0 ❑ ❑ Expired Permit ❑ Commercial ❑ General ❑ ❑ ❑ Inconsistent wl Rules Violation Location and Site Description Rover File Project Location: County PrkSt2uOT°f cif' Shoreline Length / ?' Street Address/ State Road/ Lot #(s) 20 4e let` 2e4 " c'd SAV: Not sure Yes lie IC Sandbags: Not Sure Yes flo /' �'A1S/ON/ C o—B.S PNA: Yes Yes la2 &7 Adjacent Adjacent Subdivision- �Le-f CI4V ZIP_S9-20'<9 y DRW: Crit. Hab. Yes 49 City Phone# (—)-- River Basin __p/4S uoT-;r 'C- Photos No � 4-cf}oV,— Inat Lrt J/iJlunu�tpJ._ Waiver Required (feS No Adj. W[r, Body In DWQ Buffer Area Yes Closest Maj. WV. Body >4 S .2re0 �' I� I vex Specify DWQ Buffer If applicable: Restoration %J0 Extension Granted Yes No NOV Date Initial Req. Comp. Date Restoration Letter CNOV Date _ Date Comp. Observed __--- Acceptance Date 7J.0409 Ref. Recomm. Assess. i ' DCM Assess. Penalty Assessment r-- l Date App./Permit Fee I $ __ — S —F---� Sent to Respondent ___-- - — Penalty a is I Rcvd by DCM Date —-------- Willful/Intent. i--T$ is Assessment Extended Yes No ! is _ Continuing is Other _ i $ is t Total ; ----- I ----- _ _ d 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 ACet^c/ted: ap CPT_ ® PT5 Wetlands Impacted? Yes / OV If yes, which types: uur ,u SA—DS. CJ SY • A LS TY PWS: FC: Restoration Required by the Respondent Yes / (9 Dimensions In excess of permit/ unauthorized activities Dimensions to restore Final dimensions allowed Actually restored Development Activities Habitat Description NOTES: Closing Payment Received $___.---_._Date_ _-- Date Case Closed