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HomeMy WebLinkAbout14-02A Hetzko�Fil ►l P eg f�> 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 a 44AfALa ( MAM-MAnE) bnsiruG-- DE:c K— ,%� L F,rvs • PN c rnul i 3d r3L)RilL AKA r , I _� VA F.3. i. cpw bEck (,¢rt] c` _ • Cep sS �7 F17w �rCNI$r,r,i) 4ti1f� O I /�7 r{Nl1MkCu t 7l J i{ees6 0, C .C�c.4uEt_' D21JEk)h� „•�lk Opw iFcK Oy.O (4-rl• 1,0W Rums : m Rusk Esisrw( XvJf. *rb �Ecks eff kK«rff&, ew-&um Amu. .Zo M&& 1SffWb* Rrtn.l 8f' Dacp ro"AP-mvi W/rl+ rv,61- ® I..srsw 61ur4i. bvvlwA1 Ar sX)M, nL 6AAoE llE& YII�fw.14" Vvvlr-R 90%.sA SHALL 13E. 1.0"x/o"atlk"PT lvedA U.'Wti bELAisimm lsfi 6")e6'Xl8,Pr LVMAI C '40 61a:,sas sawL at ?'x /,a ° �-rr01414 CCtvQeA GAC�wzsD /lL►suwR+e Lori- kllTttlt3 '73`fFEG PUPKAry = 7, 5ov 5 F M.kx . L, T- CoUs✓vr K!<i'lt`tt`I 7S'ftEG=7SooX cf?o MAX • LvT- CbVC(Z = z .25osF — 75'AEC = `7S'ArCA °��a wm"Thc. %GYrlN(, •SEprl<,! I 1:�ravr-WAY I _ � s�srt� ! I �rtiir�>7iaf fFjl,f f7NG) s,InnR BsX—'—� e- - Inn fry 0 SLVk AEMN ROAo WC- DCM STA Fr' - L. K�l � I c IS Fus ao)q n - • I ���= o�Qfr � Q ' rircE'�`Ros�;� �ErrXe P3w%� -5'RXO4, n/C a797y G 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 NOTES:O(,�y GIGYi /MI'/ StE /f�'C6 — ��u /�hICVJ�/I/7Z/7 V S r �� r y ,JIL[ /lle5 lftT ZKc — /tElcy�tn c E i.;r ; 4 4/' 2 ALL/,n ✓vl All, hs0 A AY/%LL- %0 /.i/Li;Z — 3 / l«rt7i0i /IECE/�lt� — L J z ) e! Cu 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