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HomeMy WebLinkAbout17-16A KeeterCoastal Management ENVIRONMENTAL QUALITY CERTIFIED MAIL7013 2250 0000 6213 5320 RETURN RECEIPT REQUESTED NOTICE OF VIOLATION August 30, 2017 _ David and Julie Keeter 148 Willow Street Hertford, North Carolina 27944 ROY COOPER (imam" MICHAEL S. REGAN Secmtary BRAXTON DAVIS D(reemr RECFRIoED SF DCM- IV1-9i �_.. RE: NOTICE OF VIOLATION AND REQUEST TO CEASE UNAUTHORIZED DEVELOPMENT CAMA MINOR VIOLATION #17-16A Dear Mr. and Mrs. Keeter: This letter confirms that on August 3, 2017, 1 was onsite at your property located at 148 Willow Street, Snug Harbor Subdivision, in Perquimans County, adjacent to a man-made canal. The initial purpose of the visit was to look at a bulkhead replacement with your contractor Joe Riddick. While onsite I observed that unauthorized development had been undertaken within the 75' Area of Environmental Concern. The development in question included a deck addition constructed —34' from normal water level (NWL) and a porch addition constructed —60' from NWL. This letter also confirms our phone conversation regarding the matter on August 30, 2017. Information gathered by me shows that you did undertake 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 Environmental Quality per North Carolina General Statutes (N.C.G.S.) 11 3A-1 18. You are legally responsible for the minor development by constructing two residential additions within 75' of a man-made canal on the aforementioned property. This activity took place within the Estuarine Shoreline which is contiguous with the adjacent man-made canal and the Yeopim River, a designated Areas of Environmental Concern (AEC). No permit was issued to you for work in this area, and as such 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. A civil assessment of up to $1,000 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. 11 3A-1 26. 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 several factors, including the nature and area of the resources that were affected and the extent of the damage to them. State of North Carolina I Eavlmntnmtal Quarry' I C4Wta1 Management 1367 US Hwy 17 South I EliTahMh City, NC 27909 252-264-3901 David and Julie Keeter August 30, 2017 Page 2 of 2 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 from this office, and I am willing to assist you in complying with the requirements of these laws. Thank you for your time and cooperation in resolving this important matter. Sincerely, <7j-I�LJ,� Lynn W. Mathis Field Specialist Cc: Frank A. Jennings, III, District Manager, DCM Roy Brownlow, Compliance Coordinator, DCM Virgil Parrish, Chief Building Inspector, Perquimans County ENCLOSURE Suite, of North Carolina I Environmental QW4I Coastal Management 1367 US Hwy 17 South I Elaaheth City, NC 27909 252-264-3901 ma eKra Coastal Management, ENVIRONMENTAL OUAIITV September 20, 2017 David & Julie Keeter 148 Willow Street Hertford, NC 27944 ROY COOPER G.wm.r MICHAEL S. REGAN Searmry BRAXTON C. DAVIS Director RE; Payment of Proposed Penaltyfor Violations of the Coastal Area Management Act, Currituck County, CAMA Violation #17-16A Dear Mr. & Mrs. Keeter: This letter will acknowledge receipt of check #6460, in the amount of $237.00, and dated 09/18/17. Once the amount of the check is credited to the Department of Environmental Quality's 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, Frank Jenni gs, District Manager Northeastern District Division of Coastal Management FJ/eg cc: Roy Brownlow, Compliance Coordinator, DCM, Morehead City Lynn Mathis, Coastal Management Representative, DCM Virgil Parrish, Building Inspector, Perquimans County RECEIVE® SEP 2 5 2017 DCM- MHD CITY - '�'Nothing Compares - _,. State ofNonh Carolina I Environmental Quality I Coastal Management 401 S. Griffin St., Ste 3001 Elizabeth City, NC 27909 252-264-39011252-331-2951 [fax] ,IN DCM ENFORCEMENT TRACKING REPORT Issuer Field&ep- +�II`t�IS X Ivn ❑ I atl' D ri tion Violation Case No. /1-4� / Violated Permit N (if applicable) Was activity permittable? Yes / No Vio on esc p Initial Discovery Date G 3 20 t7 Discovery Method ©A1 SI 1 � %J Cu une✓Ft7o2 Violation Description Respondent Information I Prior CAMA or D/F Violations: Yes / No Respondent Names) D&A' J LaAE K( Address 1 `-jg� Id h U% aL City t6— Phone # Fax # State YU C Zip Zi Email Violation Type: Project Type: Authorizations Required: Site Visits Respondent Site Visits Present Refs o of nt ® No Permit ® Private/Community _Major ® CAMA A U /'t--�-�" ❑ Permit Condition Govt./Public Minor D&F ❑ ❑ Expired Permit Commercial General ❑ Inconsistent w/ Rules Tier Level: 1 II III i Violation Location and Site Description Lat/Long Project Location: County liyuguEvy'l/US Shoreline Length Street Address/ State Road/ Lot #(a) I (A) I I ,(.l' w S j SAv: Not Sure Yes (:!�) "Is" S�• �?7Fj Sandbags: Not Sure Yes ® y, _ 5b �i0 WZ" PNA: Yes (1 Adjacent Yes ( Adjacent Subdivision G I' City ��'?-r) ZIP Z���t��-I,�-Y,� -)A ORW: Cdt Hab. Y� River Basin . Z `%YAM K. Photos Yes No Phone # ( _) , WaNerRequired Yes Ja Adj. Wtr.Body CsNI _ (n a_un�,_ _ p 'r KWE In DWQ Buffer Area Yee Closest Maj. WtrBady tA�IM Specify DWQ Buffer if applicable: Restoration Extension Granted Yes No NOV Date RECEIVEGial Req, Comp. Date Restoration Letter CNOV Date _mot 2017 Date Comp. Observed Acceptance Date Penalty Assessment Sent to Respora> Q Me- M H D C ITY App./Permit Fee Penalty Rcvd, by Dist. Mgr. Date Willfulllntent. Assessment Extended Yes No Continuing Investigative 7J.0409 Ref. Recomm. Assess. DCM Assess. $ $ $ $ $ 0O $ 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 / Jo If yes, which types: OW EW PTA ES PTS OEA HHF IH BA N/A SA DS CJ SY JR LS TY PWS: FC: SS SC SP IF BF 404 Other: Restoration Required by the Respondent Yes 19 Dimensions in excess Dimensions to restore Final dimensions Actually restored of permit/ unauthorized activities allowed cuay Development Activities _ Habitat Description NOTES: rdVC, _3.2,0rl W-5-Lff it �c etP�JQ,CX — V'a4471w1 I/iSt/tif F' A">KCVJ dry M 4v97it- l3/!.alEYL-1-4/ /.Lw r&d- rAtl nrhA_ hAHn MTY Closing Payment Received $ Date Date Case Closed DaVtd &Julie Keeter September 11, 2017 Page 3 of 3 CAMA VIOLATION #17.16A David and Julie Keeter AGREEMENT TO PAY PROPOSED CIVIL ASSESSMENT I understand that the staff of the Department of Environmental Quality will propose the assessment of a civil penalty in the amount of $237.00 against me for violation of the Coastal Area Management Act, NCGS 113A- 100 et sec, committed on or near my property at 148 Willow, in Perquimans 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 August 30, 2017, and agree to pay the proposed civil assessment of $237.00. 1//&> I Lzol) D E Received DCC- e ADDRESifS TELEPHONE NUMBER RECEI\IED SEP 2 5 Z017 I)C,�- Milo, CITY Coastal Management ENVIRONMENTAL QUALITY CERTIFIED MAIL 7013 2250 0000 6213 5337 RETURN RECEIPT REQUESTED September 11, 2017 David and Julie Keeter 148 Willow Street Hertford, North Carolina 27944 RE. CAMA VIOLATION #17-16A Dear Mr. and Mrs. Keeter: ROY COOPER Governor MICHAEL REGAN Secretary BRAXTON DAVIS Director This letter is in reference to the Notice of Violation dated August 30, 2017, that Lynn Mathis, Field Specialist for the Division of Coastal Management, issued to you for unauthorized construction of a deck addition -34' from normal water level (NWL) and a porch addition constructed -60' from NWL, along a man-made canal at 148 Willow Street, off the Albemarle Sound, in Snug Harbor, Perquimans County. The violation involved the Estuarine Shoreline, which is an Area of Environmental Concern designated by the Coastal Resources Commission. 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 Coastal Area Management Act does provide that a civil assessment of up to $1,000.00 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 $237.00 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 $237.00 made payable to the North Carolina Department of Environmental Quality (NCDEQ); 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 settlement of the penalty. RECEIVED SEP 18 2017 State of North Carolina I Environmental Quality I Coastal Management ry� 401 S. Griffin Street I Suite 300 I Elinbeth City, NC 27909 C E1 eYHtl2 , .M q r�a D CITY 252-264-3901 A David & Julie Keeter September 11, 2017 Page 2 of 3 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, Frank Jennings / District Manager, Northeastern District Division of Coastal Management FJNwm Enclosures cc: Roy Brownlow, Compliance Coordinator, DCM Lynn Mathis, Field Specialist, DCM Virgil Parrish, Building Inspector, Perquimans County SEP 18 2017 DCM- MHD CITY David 8 Julie Keeter September 11, 2017 Page 3 of 3 CAMA VIOLATION #17.16A David and Julie Keeter AGREEMENT TO PAY PROPOSED CIVIL ASSESSMENT I understand that the staff of the Department of Environmental Quality will propose the assessment of a civil penalty in the amount of $237.00 against me for violation of the Coastal Area Management Act, NCGS 113A- 100 et sec, committed on or near my property at 148 Willow, in Perquimans 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 August 30, 2017, and agree to pay the proposed civil assessment of $237.00. DATE SIGNATURE ADDRESS TELEPHONE NUMBER RECEIVED SEP 18 2017 DCM- M FID CITY DCM ENFORCEMENT TRACKING REPORT Issuer Field-R p. It` kVkV'TlfL lao ❑ I t' D scri tion Violation Case No. l`% violated Permit IN (if applicable) Was activity permittable7 Yes / No �o a Ion e p t'II- •� _ Initial Discovery Date {UG3r2aI7 Discovery Method ©N. 5iTF- W 0-0QDZ✓=A- ILt•- �l�c"�'f7r ltl Violation Description Respondent Information r Prior CAMA or D/F Violations: Respondent Name(s) 1,' . IP �' CLUE �UT&L' — Address 14-e? I,i)1 U.Uw City Phone # Fax # /No State YU no Email Violation Type: Project Type: Authorizations Required: Site Visits Respondent Site Visits RefsB3eent ® No Permit ® Private/Community, Major ® CAMA A El Permit Condition Govt./Public ® Minor D&F � ❑ Li Expired Permit Commercial General n O EJ Inconsistent w/ Rules Tier Level: I II III Violation Location and Site Description Project Location: County IJ_J y� 'LMIIAJS Street Address/ State Road/ Lot #(s) I 4-e) IA)L L(fiiA.1 S sR. 1�78 Subd vision Lh L city � n ZIP Phone #( _) River Basin LTxtlkoYA�� Adj. Wtr. Body CA4Z (nor unkn ClosestMaj.Wtr Badv tO�IIti1 9tI/G�` NOV Date CNOV Date Penalty Assessment Sent to Respondent Date Rcvd. by Dist. Mgr, Date Assessment Extended RECEIVED SEP 18 2017 Yes No Initial Req. Comp. Data Date Comp. Observed App./Permit Fee Penalty Continuing Lat/Long G Shoreline Length /201 SAV: Not Sure Yes Sandbags: Not Sure Yes PNA: Yes ORW: Yes t Crit. Hab. Yea ®° Photos (50 No Waiver Required Yes (Flja In DWO Buffer Area Yes Specify DWQ Buffer if applicable: _ Ialk, Adjacent Adjacent Extension Granted Yes No Restoration Letter Acceptance Date 7J.0409 Ref. Recomm. Assess. DCM Assess. $ L00•c57rD $ $ �DO•'� $ $ ors $ DCM- H`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 ❑ Respondent not responsive to penalty/NOV ❑ Injunction to complete restoration Date Collection Let. Sent Date Demand Let. Sent Violation Activities and Impacts AECs Affected: CW EW PTA ES OEA HHF IH MA PWS: FC: Other: Restoration Required by the Respondent PTS N/A Yes / No Wetlands Impacted? Yes / l�o If yes, which types: SA DS CJ SY JR LS TY SS SC SP IF BF 40.4 Dimensions in excess of permit/ unauthorized activities Dimensions to restore Final dimensions allowed Actually restored Development Activities Habitat Description - NOTES: rdViv _a.-2-01I A/LM W-5LJ1 GU JGC fet1'J171C1C — Vu.(44Ttw( Vt i t l� I E A'5 K f'VJ d r1e- 77' l4yuC 0 Jtyay 6WJy&vZ cd(L ^ NZl(e 30 / 1 / &A41:V IF 'gw,,e&,)5e . /✓-).,iet/5SG..TJ ��✓k!�"�f�Y7 s/�id`1 f�' f/ �JiKJ T / t'y A e4W44.14 ClK 1�'su[/Je�t6 oa /U r REeEWED SEP 18 2nq DCM- MHO CITY Closing Payment Received $ Date Date Case Closed