HomeMy WebLinkAbout14-02A Hetzko�Fil
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NCDENR
North Carolina Department of Environment and Natural Resources
Division of Coastal Management
Pat McCrory �� ]? Braxton C. Davis John E. Skvada, III
Governor Director Secretary
March 10, 2014
Robin Hetzko
8 Unity Drive
Brick, New Jersey 08723
RE: Minor Permit Violation #1"2A
Dear Mrs. Hetzko:
This letter is in reference to the Notice of Violation #14-02A sent to you on February 10, 2014, for the reconstruction
of a dwelling involving the replacement of interior and exterior wall coverings, insulation, all new plumbing and
electrical (including fixtures), the demolition of the foundation system, the elevation of a dwelling, and the installation
of a new piling foundation system, and the replacement and relocation of the driveway within the Estuarine Shoreline,
in or near a man-made canal off of the Albemarle Sound. The violation took place on property located at 112 Blue
Heron Road in the community of Shiloh, Camden County, North Carolina. This unauthorized activity constituted
development and you were requested to stop work and obtain a CAMA Minor Permit.
Any violation involving development which is incomplete, consistent with guidelines for development with an Area of
Environmental Concern (AEC), and minor in nature, may obtain a CAMA Minor Permit to resume work.
Our Office received your application and site plan drawing and conducted a site visit at the aforementioned property
to verify the information provided It was determined that a permit could be issued subject to certain revisions to the
site drawing. On March 10, 2014, CAMA Minor Permit #03102014 was issued to complete restoration of a dwelling
and the installation of a driveway and parking area. All work shall be consistent with the CAMA Minor Permit issued
on 03/10/2014, and the revised site plan drawing dated 03/10/2014.
Additional permits may be required from Camden County prior to undertaking any work. Thank you for your attention
and cooperation in this matter. If you have any questions pertaining to this matter, please feel free to call me at 252-
264-3901.
Sincerely,
Fink J' ennin s 00 RECEIVED
District Manager MAR 17 2014
FJlim t
DCM-MHDCrry
Cc: Roy Brownlow, Compliance Coordinator, DCM
Lynn Mathis, District Compliance Representative, DCM
1367 US 17 South, Elizabeth City, NC 27909
Phone: 252-264-39011 FAX: 252-264-3723 Internet: www.noomtaiman�ment.net
An Equal Opportunity 1 Afirmailve Action Employer
Elizabeth City District Office
Local Government
03102014
Permit Number
CAMA
MINOR DEVELOPMENT
PERMIT
as authorized by the State of North Carolina, Department of Environment,
and Natural Resources and the Coastal Resources Commission for development
in an area of environment concern pursuant to Section 113A-118 of the
General Statutes, "Coastal Area Management"
Issued to Robin Hetzko, authorizing development in the Estuarine Shoreline (AEC) at 112 Blue Heron Road, in Shiloh,
Camden County, North Carolina, as requested in the permittee's application, dated as received on March 6, 2014. This
permit, issued on March 10, 2014, is subject to compliance with the application and the revised site plan drawing dated
03/10/2014 (where consistent with the permit), all applicable regulations and special conditions and notes set forth
below. Any violation of these terms may subject pernittee to a fine, imprisonment or civil action, or may cause the
permit to be null and void.
This permit authorizes:1) Elevation of an existing dwelling onto a piling system including the demolition of the existing
foundation, and, 2) the installation of a gravel driveway within the 75' Area of Environmental Concern.
(1) All proposed development and associated construction must be done in accordance with the attached Revised
Drawing Dated 03/10/2014.
(2) All construction must conform to the N.C. Building Code requirements and all other local, State and Federal
regulations, applicable local ordinances and FEMA Flood Regulations.
(3) Any change or changes in the plans for development, construction, or land use activities will require a re-
evaluation and modification of this permit.
(4) A copy of this permit shall be posted or available on site. Contact this office at (252) 264-3901 for a final
inspection at completion of work. The issuance of a Certificate of Occupancy is� W"on satisfactory
completion of a final inspection.``
(Additional Permit Conditions on Page 2)
This permit action may be appealed by the permittee or other qualified persons
within twenty (20) days of the issuing date. From the date of an appeal, any
work conducted under this permit must cease until the appeal is resolved. This
permit must be on the project site and accessible to the permit officer when the
project is inspected for compliance. Any maintenance work or project
modification not covered under this permit, require further written permit
approval. All work must cease when this permit expires on:
December31, 2017
In issuing this permit it is agreed that this project is consistent with the local Land
Use Plan and all applicable ordinances. This permit may not be transferred to
another party without the written approval of the Division of Coastal
Management.
MAR 17 201,1
1_ L-LC—L,
Lynn W. Mathis
District Compliance Representative
1367 US 17 South
PERMITTEE
(Signature required if conditions above apply to permit)
Name: Robin Hetzko
Minor Permit # 03102014
Date: March 10, 2014
Page 2
(5) The amount of impervious surface shall not exceed 306/6 of the lot area within 75:feet of normal water level
(Estuarine Shoreline Area of Environmental Concern), in this case, 2,250 square feet is authorized.
(6) Unless specifically allowed in 15A NCAC 07H. 0209(d)(10), and shown on the permitted plan drawing, all
developmenticonstruction shall be located a distance of 30 feet landward of normal water level. No portion
of any roof overhang or any gravel, asphalt or concrete driveway shall encroach into the 30 ft. buffer.
(7) All unconsolidated material resulting from associated grading and landscaping shall be retained on site by
effective sedimentation and erosion control measures. Prior to any land -disturbing activities, a barrier line
of filter cloth must be installed between the land disturbing activity. and the adjacent marsh or water areas,
until such time as the area has been properly stabilized with a vegetative cover.
(8) Any proposed for grading within the 30' buffer from the normal water level must be contoured to prevent
additional stormwater runoff to the adjacent marsh. This area shall be immediately vegetatively stabilized,
and must remain in a vegetated state.
(9) All other disturbed areas shall be vegetatively stabilized (planted and mulched) within 14 days of
construction completion.
(10) All concrete debris from the demolition of the dwelling foundation shall be disposed of in an authorized
location. Concrete debris may not be placed in the. adjacent canal for shoreline stabilization without
additional authorization from the NC Division of Coastal Management.
SIGNATURE:
DATE:
PERMITTEE
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DCM ENFORCEMENT TRACKING REPORT
/ Issuer
Rep. l/ i1w,A/% /�/L/�%�S J�
iliance Rep.El
K
Violation Case No.
Permit
LPJ (if applicable)
Violation Description Was activity permittable? Yes / No
Initial Discovery Date ,���� �,��/t1 Discovery Method IWIJ
Violation Description '/C zy,,-XI 4dT,- -
Nr._nJ,v�
Respondent Information Prior CAMA or D/F Violations: Yes o` Prior Case No:
Respondent Name(s) Z61AJ /f 6T2 KO- (Landowner/Agent/Contractor)
Address (JAl r /)Jer✓e . 0 CRY 13/a ck State d zip 6 67Z 3
Phone # / - 7 32 - 7 4/0 - 03 79 Fax #/Email
Corporate Name & Registered agent
Violation Type:
Project Type:
Authorizations Required:
Site Visits Respondent
Site Visits Respondent
No Permit
,® Private/Community
Major Q CAMA
Present
Present
Permit Condition
Govt./Public
Minor D&F
1 ❑
❑
Expired Permit
Commercial
General
Inconsistent w/ Rules
Tier Level II
III - 90l}6-vt
Violation Location and Site Description
Project Location: County (tit,w),E,U
Street Address/ State Road/ Lot #(s) / /Z /51 l-{Y7LOrc,/
Subdivision C11Zyl AEiL' /dIN%
CRY ,C /f bLo t4 ZIP
3(0 � 70 ' Z£a . L/7 V A(
Lat/Long -721-0 S V 09- (07' I/r/
Shoreline Length 10X
SAV: of 5u Yes No
Sandbags: Not Sure Yes (IN)
PNA: Yes (TID Adjacent
ORW: Yes 4E) Adjacent
Grit Hab vas jg
Phone # ( _) River Basin &U-X-10 14ti7L Photos Q No
Adj. Wtr. Body CA tn44 - (nett n /tmkn) Waiver Required Yes k
Closest Maj. Wtr. Body le 97—F- iZ'L In DWQ Buffer Area Yea
Specify DWQ Buffer if applicable:
Restoration �� _ 6E& 4- kW44'T 41*4�(4;j rn
/ NOV Date _. - - Initial Req. Comp. Date Extension Granted Yes No
CNOV Date Date Comp. Observed
Penalty Assessment
Sent to Respondent Date App./Penn@ Fee
Rcvd. %ft"D
,pat� Penalty
L
Asses xtended Yes No WilifuVlntent.
MAR 1 7 % Continuing
Investigative
Restoration Letter
Acceptance Date
7J.0409 Ref.
Recomm: Assess.
DCM Assess.
$
$
$
$
Total
M
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 Letter Sent Date Demand Letter Sent
Violation Activities andsimpacts
AECs Affected:
��
Wetlands Impacted? Yes/Ndl If yes, which types:
CW EW PTA ES PTS
OEA HHF IH UBA N/A
PNS: FC:
-
SA DS CJ- SY JR LS TY
Ss SC SIR IF BF 404
Other:
Restoration Required by the Respondent Yes
Dimensions in excess Dimensions to restore Final dimensions
of permit/ unauthorized activities allowed Actually restored
Development Activities
Habitat Description
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Closing
Payment Received $ Date Date Case Closed
&d1 - 45' -
NCDENR
North Carolina Department of Environment and Natural Resources
Division of Coastal Management
Pat McCrory Braxton C. Davis John E. Skvarla, III
Governor Director Secretary
February 10, 2014
CERTIFIED MAIL #7012 3460 0002 0625 5221
RETURN RECEIPT REQUESTED
Robin Hetzko
8 Unity Drive
Brick, New Jersey 08723
RE: STOP WORK ORDER AND NOTICE OF FAILURE TO APPLY FOR CAMA PERMIT
CAMA MINOR VIOLATION #14-02A
Dear Mr. and Mrs. Giovannini:
This letter is in reference to my February 6, 2014, visit onsite 112 Blue Heron Road, in or near the
community of Shiloh, in Camden County. The onsite visit included Camden County Planning Director Dan
Porter, Chief Building Inspector Gary Holland and Zoning Administrator David Parks, at or near the
community of Shiloh in Camden County, North Carolina. The purpose of the onsite meeting was to
investigate unauthorized development on the aforementioned property. This letter also references our
telephone conversation on February 10th regarding this matter.
Information gathered by me shows that you have undertaken minor development without a permit. 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 indicates you have undertaken or are legally responsible for the reconstruction of a
dwelling involving the elevation of the structure, the removal of the existing foundation system, the
installation of a piling system, and the reconstruction of the interior and exterior, including a deck
constructed by the previous owner without authorization on the aforementioned property. This activity took
place within the Estuarine Shoreline Area that is contiguous with a man-made canal off of the Albemarle
Sound. Estuarine Shorelines are designated as Area(s) of Environmental Concern (ACE). 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.
You are hereby requested to STOP WORK ALL UNAUTHORIZED WORK and file the necessary
application(s) with this office for a CAMA Minor Development Permit and CAMA General Permit by March
15, 2014. NO WORK MAY PROCEED UNTIL THE CAMA MINOR PERMIT HAS BEEN ISSUED. If you
comply voluntarily, no further action will be necessary beyond the issuance of the required permits. REC6NBD
1367 US 17 South, Elizabeth City, NC 27909 FEB 14 2014
Phone: 252-264-39011 FAX: 252-264-3723 ; Internet: www.nccoastalmanagement.net
An Equal opportunity 1 Affirmative Action Employer
DCM-Mn CITY
Jim & Roxanne Giovannini
February 10, 2014
Page 2 of 2
Failure to file an application for a CAMA Minor Permit, or continuation of work after receipt of this Notice,
will constitute a violation of the Coastal Area Management Act (CAMA) and you may be subject to civil
and/or criminal penalties as provided by North Carolina General 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 your first documented offense, there will be no assessment levied against you. However, if
you fail to comply with this request or continue to violate the CAMA, you should consider yourself
forewarned and expect a civil assessment to be levied against you 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 these laws. A site inspection will be made in the near future to determine whether this STOP WORK
ORDER has been complied with.
Sincerely,
Lynn W. Mathis
District Compliance & Enforcement Representative
Cc: Frank Jennings, District Manager, DCM
-Rely Brownlow, Compliance Coordinator, DCM
Dan Porter, Planning Director, Camden County
Gary Holland, Chief Building Inspector, Camden County
David Parks, Zoning Administrator, Camden County
DCM ENFORCEMENT TRACKING REPORT
�,r,IIs�, Issuer
leld Rep. �J// Abff)
;ompliancee R� k K J�
LPO ❑
Violation Case No. / // — D Z
Permit
(if applicable)
Violation Description G W� as activity pennittable? Yes I No
Initial Discovery Dale Discovery Method 4�L R r!,aOiY!/Jl��bV g" e
Violation Description /,{C t1 11 rltf'—,e&WO/t/J ✓ -,"Ix L3 d1W 74?,
r= -r da Rai F
Respondent Information Prior CAMA or DIF Violations: Yes o Prior Case No:
Respondent Name(s) 226W dZa KU (Landowner/AgenUContractor)
Address P IJA:r / 0 City 81?(Ck State AiT Zip o670
Phone# /-732--?gc-037R Fax#/Email
Corporate Name & Registered agent dlA
Violation Type:
Project Type:
Authorizations Required: Site Visits
Respondent
Site Visits Respondent
No Permit
,® PrivatdCommunity
n Major � CAMA
Present
Present
Permit Condition
GovLIPublic
93 Minor D&F G /
❑ Expired Permit
❑ Commercial
General
11
inconsistentw/ Rules
Tier Leveler II
III ^ 141,ij74ww
Violation Location and Site Description
Zr;
• '/6 Awl
� "
Project Location: County aw45-4-)
Shoreline Length
Street Address/ State Road/ Lot #(a) //Z vsWE
SAV: of 5u Yes
No
Sandbags: Not Surer Yes
(o)
Subdivision t 'y" /)&/u /0aJA,1
PNA: Yes
� Adjacent
ORW: Yes
Q&) Adjacent
City ,C lh Lo h4 ZIP
Cdt. Herb. Yes
�fCj
Phone # ( _) River Basin �d14�- Oi/fti�
Photos es
No
Adj. Win Body CA "4-(, (nat- na�/ nkn)
Waiver Required Yes
15[rLD
Closest Maj. Wtr. Body eQ i'�2_
��
In DWQ Buffer Area Yes
Specify DWQ Buffer if applicable:
Restoration �b
NOV Date Initial Req. Comp. Date
CNOV Date Date Comp. Observed
Penalty Assessment
Sent to Respondent Date App./Permit Fee
Rcvd. by Dist. Mgr. Dale Penalty
Assessment Extended Yes No WilHulllntent.
Continuing
Investigative
Extension Granted Yes No
Restoration Letter
Acceptance Date
7J.0409 Ref.
Recomm. Assess.
DCM Assess.
$
$
$
$
$
$
$
Total
i
DC.VW-HD MY
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 Letter Sent Date Demand Letter Sent
Violation Activities and Impacts
AECs Affected: Wetlands Impacted? Yes o If yes, which types:.
CW EW PTA ES PTS
OEA HHF IH UBA NIA SA IDS CJ SY JR LS TY
PWS: FC: SS Sc SP IF BF 404
Other: ��
Restoration Required by the Respondent Yes Y/No./ /
Dimensions in excess lDimensions to restore Final dimensions Actually restored
of permit/ unauthorized activities allowed
Development Activities
Habitat Descriptiori
NOTES:VAcote&', /�v1�s�/ S�'lcl2E—c�. ,A? �/cyCb — �i(.( ",14,116-xi / .
42-
ZC A1115 /fL-T z/cam
Closing
Payment Received $ Date Date Case Closed