15-15A Evans

ARAW
North Carolina Department of Environment and Natural Resources
Pat McCrory Donald R. van der Vaart
Governor Secretary
NOTICE OF VIOLATION
August 20, 2015
CERTIFIED MAIL 7012 0470 0002 0007 7528
RETURN RECEIPT REQUESTED
Johnny T. Evans
Johnny Evans, Ltd.
110 Cypress Road
Merry Hill, North Carolina 27957-9515
RE: NOTICE OFVIOLATIONAND REQUEST TO CEASE UNAUTHORIZED DEVELOPMENT
CAMA VIOLATION #15-15A
Dear Mr. Evans:
This letter is in reference to my August 19, 2015, onsite visit to 1004 W. Queen Street, on a man-made
tributary of Pembroke Creek, in or near the Town of Edenton, In Chowan County, North Carolina. The
purpose of the onsite visit was to investigate unauthorized development on the aforementioned property.
This letter also references my telephone conversation with the property owner William Hughes regarding
this matter.
Information gathered by me for the Division of Coastal Management indicates that your actions as
contractor for William (Lang) Hughes are 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
pursuant to the North Carolina General Statutes (N.C.G.S.) 113A-1 18.
I have information that indicates you, doing business as Johnny Evans, Ltd., have undertaken or are legally
responsible for the construction of a boathouse and boatlift in the canal adjacent to the aforementioned
property. This activity took place in Public Trust Waters_ that are contiguous_ with the Albemarle Sound.__
Public Trust Area areas are designated as Areas of Environmental Concern (AEC). No CAMA permit was
issued to you or the property owner 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.
I request that you immediately CEASE AND DESIST any further unauthorized 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-1 26.
RECEWD
1367 US 17 South, Elizabeth City, NC 27909
Phone: [phone] \ FAX: [phone] ; Internet: www.necoastalmanagement.net AUG 24 2H
An Equal Opportunity 1 Affirmative Action Employer a**

Johnny Evans
August 20, 2015
Pahe 2
It is the policy of the Coastal Resources Commission is to levy a civil assessment against contractors in
addition to that assessed against the landowner; however, since this is your first documented violation no
civil assessment will be levied against you at this time. You are forewarned that should you be found in
violation the CAMA again you will be assessed a civil penalty.
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. I request that you
contact me immediately about these important matters.
Sincerely,
Lynn W. Mathis
Field Specialist
NC Division of Coastal Management
cc: Frank Jennings, District Manager, DCM
�o °Btownlow, Compliance Coordinator, DCM
Holly Colombo, Chief Building Inspector, Chowan County
ptctivfo

DCM ENFORCEMENT TRACKING REPORT
Issuer
Field Specialist �Ly✓-v M rti_ tS Violation Case No.
LPO ❑
Violated Permit No.
LPJ (n appl eeble)
Violation Description Was activity permittable? Yes / No
Initial Discovery Date Discovery Method /, t Aj — t?S rr31C
Violation Description [GGTE✓J /3 �6'�t/-77�Yr�"'
Respondent Information Prior CAMA or D/F Violations: Yes / No
Respondent Name(s) J,&,Zay Ei 4A/S (Landowner/Age ontractop)
Address ✓-dE5s City LK /,4g State �� zp z72'Z2
Phone # f % - 7j SI - IJrst.�n4tct7L+d Fax #
Email
Violation Type:
No Permit
Permit Condition
Expired Permit
Inconsistent w/ Rules
Project Type: Authorizations Required:
M Private/Community EJ Major CAMA
IN Govt./Public Minor D&F
Commercial General
Tier Level: I II III
Site Visits Respondent
Present
Site Visits Respondent
Present
El
El
Violation Location and Site Description
LaULong
Project Location: County �,/y�,yWC/U Shoreline Length 90 r
Street Address/ State Road/ Lot #(a)
f r7o y ky,, (RU&-L-4 S EZ7
Subdivision rU
CRY �,17��7u IlF ZIP Z?
Phone # ( _). River Basin
Adj. Wtr. Body CA NAL (net a lunkn)
Closest Ma' Wtr Bod JCACMA� Souwc c)
SAV: Not Sure
Yes
Sandbags: Not Sure
Yes
(�
PNA:
Yes
�t
Adjacent
ORW:
Yes
Adjacent
Crit. Hab.
Yes
IV
RECEIVED
Photos
L'�
No
Waiver Required
Yes
gp
AUG 2 4 2M
In DWQ Buffer Area Yes A Wc4RR.A4HO41H"
I' y Specify DWQ Buffer if applicable.
Restoration
Extension Granted Yes No
NOV Date
CNOV Date
Penalty Assessment
Sent to Respondent Date
Rcvd. by Dist. Mgr. Date
Assessment Extended Yes
�Jl ��i&rl�St
Initial Req. Comp. Date
Date Comp. Observed
App./Permit Fee
Penalty
WillfuVlntent.
No
Continuing
Investigative
Restoration Letter
Acceptance Date
7J.0409 Ref.
Recomm. Assess.
DCM Assess.
$
$
$
$
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 _
Date Collection Let. Sent
Violation Activities and Impacts
AECs Affected:
CW EW PTA ES
OEA HHF IH UBA
PWS: FC:
Other:
Restoration Required by the Respondent
Respondent not responsive to penalty/NOV ❑ Injunction to complete restoration
Date Demand Let, Sent
Wetlands Impacted? Yes /
PTS
N/A SA DS CJ SY
SS SC SP IF
Yes /�
If yes, which types:
JR LS TY
BF 404
Dimensions in excess
of permit/ unauthorized activities
Dimensions to restore
Final dimensions
allowed
Actually restored
Development Activities
Habitat Description
f?
Closing
Payment Received $ Date Date Case Closed _L���

RECEIVED
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