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Home My WebLink About14-14A GorhamMUM North Carolina Department of Environment and Natural Resources Division of Coastal Management Pat McCrory John E. Skvarla, III Governor Secretary NOTICE OF VIOLATION July 3, 2014 REC6IVEp CERTIFIED MAIL #7012 0470 0002 0007 7283 RETURN RECEIPT REQUESTED JUL 10 2014 Deborah L. Gorham DCMMoCrry 6214 Higham Dr. Alexandria, VA 22310 RE: NOTICE OF VIOLATION AND REQUEST TO CEASE UNAUTHORIZED DEVELOPMENT CAMA VIOLATION #14-14A Dear Ms. Gorham: This letter confirms that on June 10, 2014, 1 met onsite with your tenant Tyler at your property located at 1420A Duck Rd. adjacent to the Currituck Sound located in or near the Town of Duck, off NC-12, Dare County, North Carolina. The purpose of the visit was to investigate unauthorized development in regards to the installation of four tie -pilings creating a formalized slip within the Currituck Sound. This letter also confirms our phone conversation on June 4, 2014 in regards to this matter. 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.) 11 3A-1 18. I have information that indicates you have undertaken or are legally responsible for the installation of four tie -pilings which created a formalized boat slip on the aforementioned property. This activity took place in the Public Trust Area and Estuarine Waters that are contiguous with the Currituck Sound. The Public Trust Area and Estuarine Waters are designated as Area(s) of Environmental Concern (AEC). No CAMA permit was issued to you for work in these areas. Based on these findings, I am initiating an enforcement action by issuing this Notice of Violation for violation of the Coastal Area Management Act and the State's Dredge and Fill Law. I request that you immediately CEASE AND DESIST any further development. A civil assessment of up to $10,000 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 $10,000. An injunction or criminal penalty may also be sought to enforce any violation in accordance with N.C.G.S. 113A-126. 1367 US 17 South, Elizabeth City, NC 27909 Phone: 252-264-39011 FAX: 252-264-3723 ; Internet: www.ncooastaimanagement.net An Equal Opportunity 1 Affirmative Action Employer Deborah L. Gorham July 3, 2014 Page 2 of 2 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. 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. 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. Sincerely, Ron Renaldi Coastal Management Representative Cc: Frank Jennings, District Manager, DCM -4W*40 Wnlow, Compliance Coordinator, DCM DCM ENFORCEMENT TRACKING REPORT ,�� I a i Issuer Field Rep. on Violation Case No. I - 1 L4 7� Compliance Rep. -f, Permit No. LPO 0 (if applica 10 2014 6r=LPJ 70,. DacK Violation Description Was activity permittable? Yes / No _ y Initial Discovery Date &/4laoT_ DiscoveryMethod �evtcy nor Ac+rat ah>io...nF,r 1KiiDcllj► Violation Description T..ti>,Il4i-r�.-. .rl- ��..r -T;f t }tv e. g .rt- �n c j.�%+n� -Acr w Respondent Name(s) Address (.,), ly City ,,,A!ieyct rrq State VA Zip )AZ)0 Phone#. Fax#/Email debhi ilorkQ (Jpol, uuw Corporate Name & Registered agent Violation Type: Project Type: Authorizations Required: Site Visits Respondent Site Visits Respondent No Permit Permit Condition PrvateCommunity❑Major Govt./Public ❑ Minor ❑ D&F Present 6/loh i ❑ Present ❑ ❑ Expired Permit ❑ Commercial General ❑ ❑ ❑ Inconsistent w/ Rules Tier Level: I II III ❑ ❑ Violation Location and Site Description Lat/Long Project Location: County bore, Shoreline Length 1)50� Street Address/ State Road/ Lot #(s) I I►doA DJLIL Q� C NC 1}i SAV: Not Sure <:Y�' No 'h Fk t w,thv Sdp Sandbags: Not Sure Yes Subdivision PNA: Yes ® Adjacent ORW: Yes � Adjacent City DuLI� ZIP d�94q Grit. Hab. Yes No Phone#( _) River Basin P�saul-a�� Photos (T-wl No Adj. Wtr. Body Cvrr,i.+�IL Sv..,n2 at/man/unkn) Waiver Required Yes In DWQ Buffer Area Yes No Closest Maj. Wtr. Body 54,,,,, Specify DWQ Buffer R applicable: Restoration NOV Date Initial Req. Comp. Date CNOV Date Date Comp. Observed Penalty Assessment Sent to Respondent Date App./Permit Fee Penalty Rcvd. by Dist. Mgr. Date Assessment Extended Yes No WiIlfuUlntent. Continuing Extension Granted Yes No Restoration Letter Acceptance Date 7J.0409 Ref. Recomm. Assess. DCM Assess. $a Gp $ $au!),00 $ $ $ $ $ total p � Formal Assessments, Appeals and Reductions Date Long Form Submitted Assessment Appealed: Yes No Date Formal CPA Submitted -..Q. penalty modified Final Assessment $ , , Date 1 I. Attorney General's Office for Injunction or Formal Collection Date sent to AG ,Q 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 (ffP &jD ES PTS OEA HHF IH UBA N/A PWS: FC: Restoration Required by the Respondent Yes'l Wetlands Impacted? Yes rV If yes, which types: SA DS CJ SY JR LS TY SS SC SP IF BF 404 Dimensions in excess of permit/ unauthorized activities Dimensions to restore Final dimensions allowed Actually restored pevelopmAntActwig' t♦ M s"� E a'i. ma.vu� io °Sr a'!ea '.. x.w�...,«¢„ .4-HYik�' ..Vvn a.`p.-a .„. eH, x'+I�r.+l' NOTES: _Tit-P.JrS PTari-Q_ t2e�&ur P�n�'o�n loyo� 'Closing Payment Received $ Date Date Case Closed PXcEmE JUL 10 26 DChf-MAD cn