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Home My WebLink About14-01A Giovannini®F A.P)& NCDENR North Carolina Department of Environment and Division of Coastal Management Pat McCrory Braxton C. Davis Governor Director February 10, 2014 CERTIFIED MAIL #7012 3460 0002 0625 5221 RETURN RECEIPT REQUESTED Jim and Roxanne Giovannini 111 Mohave Trail Hertford, North Carolina 27944 Natural Resources RE: STOP WORK ORDER AND NOTICE OF FAILURE TO APPLY FOR CAMA PERMIT CAMA MINOR VIOLATION #14-01A Dear Mr. and Mrs. Giovannini: p> John E. Skvarla, III Secretary This letter confirms that on February 5, 2014, 1 was onsite at your property located at 111 Mohave Trail (including lots 8-D and 9-D) the adjacent lot adjacent to the Albemarle Sound, located in the community of Shiloh, in Camden County, North Carolina. The purpose of the visit was to investigate unauthorized development within the Public Trust Shoreline and the 30' buffer. This letter also confirms our telephone conversation on February 10, 2014, regarding the 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 you have undertaken, or are legally responsible for minor development by: 1) removing an existing uncovered deck within the 30' buffer and excavating new piling piers within the buffer to construct a roofed porch on lot #8-D, and, 2) by placing fill within 30' of normal water level on the adjacent lot referenced as being lot #9-D. These activities are being undertaken within the Public Trust Shoreline that is contiguous with Yeopim Creek. Public Trust Shorelines are designated as Area(s) of Environmental Concern (AEC). 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 10, 2014. NO WORK MAY PROCEED ON THE PORCH ROOF 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. 1367 US 17 South, Elizabeth City, NC 27909 Phone: 252-264-3901 1 FAX: 252-264-3723 ; Internet: www.nccoastalmanagement.net An Equal Opportunity 1 Affirmative Action Employer RECEIVED FEB 14 2014 DCM MIM Crry Jim & Roxanne Giovannini February 10, 2014 Page 2 of 2 Prior to the issuance of the Minor Permit a General Permit will be required to make modifications to the existing erosion control structure on the property. All work authorized by the General Permit shall be completed and subject to an inspection by a Representative of the Division of Coastal Management prior to the issuance of a Minor Permit to construct a roof in order to assure that the required 30' buffer can be maintained. If the proposed modification is insufficient to provide the required 30' separation from the drip line of the proposed porch roof and normal water level, the minor permit will be issued limiting the work to an uncovered deck within the 30' buffer and the placement of dirt fill on the adjacent lot. 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 Boy Brownlow, Compliance Coordinator, DCM Virgil Parrish, Perquimans County Building Inspector DCM ENFORCEMENT TRACKING REPORT Rep. Issuer ❑ Violation Case No. / _- Compliance Rep. Lya" f Al,?77*5 El LPO ❑ Permit No. bd LPJ (if applicable) Violation Description Was activity permittable? Yes / No Initial Discovery Date Discovery Method Violation Description Fd Respondent Information Prior CAMA or D/F Violations: Yes Prior Case No: t Respondent Name(s) J'a't ndowner/Agent/ConVactor) Address l (l /�/f /� City /�Tif'�i� State 4 /C Zip 2 > 9 vy Phone # Corporate Name & Registered agent Violation Type: No Permit ❑ Permit Condition ❑ Expired Permit ❑ Inconsistent w/ Rules Fax Project Type: Authorizations Required: Site Visits Respondent Site Visits Respondent PrivatelCommunity ❑ Major [ CAMA Present Present Govt./Public Minor D&F ❑ d / El El Commercial General -5— 10 ❑ Tier Level: S) II III ❑ ❑ Violation Location and Site Description �trLttti�.-nc�eJ LaULong Project Location: County Shoreline Length 6-7 r 7' (o r - / ;5; Street Address/ State Road/ Lot #(s) SAV: ,.y.- ui Yea No /// /hAI Lutz ZX Sandbags: Not sure Yea 8% Subdivision 4a//, lblg6g, _ PNA: Yes rb Adjacent ORW: Yes 60 Adjacent City ZIP 'M 9� Crit. Hab. Yes dio, Phone # ( _) River Basin Photos No Adj. Wtr. Body `L ,(fiat/man/unkn) Waiver Required Yes ..11,,6ZL Closest Maj. Wtr. Body,y/��y.{,tG@.(/F_ S/,r In DWQ Buffer Area Yes Specify DWQ Buffer if applicable: Restoration Extension Granted Yes No NOV Date //D Initial Req. Comp. Date Restoration Letter CNOV Date Date Comp. Observed Acceptance Date Penalty Assessment Sent to Respondent Date App./Permit Fee Rcvd. by Dist. Mgr. Date Penalty Assessment Extended Yes No Wilffulllntent. Continuing Investigative 7.1.0409 Ref. Recomm. Assess. DCM Assess. $ $ Total P 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? Y ) If yes, which types: CW EW PT ES PTS N�� OEA HHF USA N/A SA DS CJ SY JR LS TY PWS: FC: SS SC SP 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 .. .. - .. .. .. - - 3"' Closing Payment Received $ Date Date Case Closed