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Home My WebLink About15-05C TillmanNorth Carolina Department of Environment and Natural Resources Pat McCrory Governor September 14, 2015 Glen Tillman 218 East Main Street Havelock, N.C. 28532 Donald R. van der Vaart Secretary RE: Payment of Proposed Penalty for Violations of the Coastal Area Management Act, Committed in Carteret County LAMA Violation # 15-05C Dear Mr. Tillman: This letter will acknowledge receipt of your Check # 6575, in the amount of $554.00, and dated 9/14/15. Once the amount of the check is credited to the Department of Environment and Natural Resources' account, this matter will be fully and completely closed. If you have any further questions concerning this matter, please contact me at my Morehead City office at (252) 808-2808. Sincerely, Roy Brownlow District Manager RB/rcb Cc Heather Styron, Coastal Management Rep. Liz Hair, COE Jim Tuttle 400 Commerce Avenue, Morehead City, North Carolina 28557 Phone: 252-808.28081 FAX 252-247-33301 Internet: ww ,nocoastalmanagement.net An Equal opportunity /Af0rmative Action Employer ■ Complete items 1, 2, and 3. ■ Print your name and address on the reverse so that we can return the card to you. ■ Attach this card to the back of the mailplece, or on the front K space permits. IIIIIIIIII'llI'lllllllllllllll IIIIIIIIIIIIIIII 9590 9403 0412 5163 9035 24 2. Article Number (Dans/er-ftm service labeq 7013 171tl .Q002 089L C. Date of D. Is delivery address different from Rem 1? If YES, enter delivery address below: 3. Service Type OPdodty Mail e rated ❑ Adua Signature ❑ Registered Met- ❑ Adult Signature Restricted Delivery El Certified Melt® ❑ ReegglI�t�red Mall Reatnotod Delhrery ❑ CarlMed Mail Restricted DeMwy O Rohl., Fooelptfor ❑ Collect on De" Merrharxilse Collect on Delivery Restricted Da1Nery ❑ 819nature CoMhmetlon" ., ,__.__�..�I ❑ Signature Confirmation 3350 all Restrl W Delivery i Reamcted Delive ry Form 3611, April 2015 PSN 7530-02-000-9053 Domestic Return Receipt UNITED STATES,& RVICE 27, 31A°yJ First -Class Mail Postage & Fees Paid USPS Permit No. G-10 • Sender: Please print your name, address, and ZIP+4® in this box* /1 c- Z:�E� ►2- Z)CM 1-100 Cow►rn(?J-cam (V\ore_"k � CA 1) Ave, ✓J �'$ r� JUL 29 2 �X-womw USPS TRACKING# Ott 9590 3 Ill�h�h�► ��1�AlIY�I"7;P iCl IL.n .. m -n -0 Postage 5 M Cedl0ed Fee N Retum Recelpt Fee (Endorsement Required) O O Restricted Dellwry Fee O (Endorsement Required) a M1 Total Postage & Fees ,$ ra f l GI aenno +x. -1- vt,.o „1 o Snee4 ApZ No:;--------- r- orPOBoxN& ,Q ) R' ]i/!S T lr,"Ic .„)c ass'_5 Certified Mail Provides: ■ A mailing receipt ■ AuniqueiQgnteier for your mailpiece ■ A record of elivery kept by the Postal Service for two years Important Reminders: ■ Certified Map may ONLY be combined with First -Class Mails or Priority Mails. ■ Certified Mail is notavailable for any class of international mall. is NO INSURANCE COVERAGE IS PROVIDED with Certified Mall. 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PS Farrn 3900, August 2006 (Reverse) PSN 7530-02-00G-9047 Mr.. Glen Tillman July 22, 2015 Page 3 of 3 cAMA VIOLATION415-115C MR.. GLEN TILLMAN AGREEMENT TO PAY PROPOSED CIVIL ASSESSMENT I understand that the staff of the Department of Environment and Natural Resources will propose the assessment of a civil penalty in the amount of $554 against me for violation of the Coastal Area Management Act, NCGS 113A-100 et seq, committed on or near property located at 402 J Bell Lane in Carteret County, North Carolina. In order to resolve this matter with no further action or expense on my part, I accept responsibility for the violation as described in the Notice of Violation letter dated June 3,2015; and agree to pay the proposed civil assessment of $554. DATE SIGNATURE ADDRESS TELEPHONE NUMBER a I 400 Commerce Ave., Morehead City, NC 28557 Phone: 252-808-28081 FAX: 252-247-3330 Internet: www.nccoastaimanagement.net An Equal Oppobnityl AfPomabveAdon Employer 400 Commerce Ave., Morehead City, NC 28557 Phone: 252-808-28081 FAX: 252-247 3330 Internet: www.nccoastalmanagement.net j An Equal OpporlunloAffionaOve Action Employer - ! I Mr. Glen Tillman July 22, 2015 Page 3 of 3 CAMA VIOLATION #15.05C MR. GLEN TILLMAN AGREEMENT TO PAY PROPOSED CIVIL ASSESSMENT I understand that the staff of the Department of Environment and Natural Resources will propose the assessment of a civil penalty in the amount of $554 against me for violation of the Coastal Area Management Act, NCGS 113A-100 et seq, committed on or near property located at 402 J Bell Lane in Carteret County, North Carolina. In order to resolve this matter with no further action or expense on my part, I accept responsibility for the violation as described in the Notice of Violation letter dated June 3, 2015, and agree to pay the proposed civil assessment of $554. DATE SIGNATURE ADDRESS TELEPHONE NUMBER 400 Commerce Ave., Morehead City, NC 28557 Phone: 252-808-2808 \ FAX: 252-2473330 Internet: www.nccoastaimanagement.net An Equal OppoftuniylAffirmativekfon Employer FILE COPY R ENR North Carolina Department of Environment and Natural Resources Pat McCrory Donald R. van der Vaart Governor Secretary NOTICE OF VIOLATION June 3, 2015 CERTIFIED MAIL 70131710 0002 0896 3336 RETURN RECEIPT REQUESTED Mr. Glen Tillman 218 East Main St Havelock, NC 28532 RE: NOTICE OF VIOLATION AND REQUEST TO CEASE UNAUTHORIZED DEVELOPMENT CAMA VIOLATION #15-05C Dear Mr. Tillman: This letter is in reference to May 7, 2015 visit onsite Mr. Jim Tuttle's property off J Bell Lane, adjacent to Bogue Sound, at or near Newport in Carteret County, North Carolina. The purpose of the onsite meeting was to investigate unauthorized development on the aforementioned property. Information gathered by me for the Division of Coastal Management indicates that your actions as contractor for Mr. Tuttle 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-118. I have information that indicates you have undertaken or are legally responsible for excavation, filling and grading for the installation of PVC drain piping associated with an on -site wastewater septic system on the aforementioned property. This activity took place in the Estuarine Shoreline that is contiguous with Bogue Sound. In addition, alteration of the coastal wetland substrate was noted. The waters of Bogue Sound in this area are classified as Outstanding Resource Waters (ORW). The Estuarine Shoreline and Coastal Wetland areas are designated as Areas of Environmental Concern (AEC) and in this case the unauthorized development took place within 575' feet of the waters of Bogue Sound and within the 30' CAMA buffer. The unauthorized activity also took place in non -coastal Section 404 wetlands, 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. 400 Commerce Avenue, Morehead City, North Carolina 28557 Phone: 252-808-28081Internet: www.nocoastalmanagement.net An Equal Opportunity I Aflbmative Action Employer- Made in part by recycled paper ■ Complete itbms 1, 2, and 3. Also complete Item 41f Restricted Delivery is desired. ■ Print your name and address on the reverse so that we can return the card to you. ■ Attach this card to the back of the mailplece, or on the front if space permits. 1 1. Article Addressed to: Gl eM. `C 1l\ vv�.rn h V2�Qc��t/ 4C v 8,532- .01 D. Is delivery adtl s different from Rem 1? ❑ Yw If YES, enter delivery address below: ❑ No 3. Service Type Certified Mail o0Express Mail 0 jM Registered Rstum Receipt for Merchendee 4. Restricted Delivery? (Extra Fee) O Yes 2. Article Number (rrensfer from servIce label) 7 013 1710 0002 0896 3336 I PS Form 3811, February 20D4 Domenic Return Receipt 102595-02-M-1640 UNITED STATES P�i310AtLkli'IL�'. I I I I I uPermit sPS NG� First-Class Postage 8 FeesPaid • Sender: Please print your name, address, and ZIP+4 in this box �co H A95 S7 RECEIVED JUN 1 1 1015 r Mr. Glen Tillman June 3, 2015 Page 2 of 2 FILE COPY 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. Whether a higher amount will be assessed will depend on several factors, including the nature and area of the resources that were affected and the extent of the damage to them. Based upon the North Carolina Administrative Code, Title 15A, Subchapter 7J.0409(g)(4)(E), the policy of the Coastal Resources Commission is to levy a civil assessment against contractors in addition to that assessed against the landowner. Therefore, you should expect a civil assessment to be levied against you. 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 immediate future to determine whether this REQUEST TO CEASE AND DESIST has been complied with. Thank you for your cooperation in this matter. Sinc rely, Heather M. Styron Coastal Management Representative Cc: Roy Brownlow, District Manager, DCM 400 Commerce Avenue, Morehead City, North Carolina 28557 Phone: 252-808-28081 Internet: www.nocoastalmanagement.net An Equal Opportunity I Affirmative Action Employer - Made In part by r"ded paper PWA 4 NCDENR North Carolina Department of Environment and Natural Resources Pat McCrory Donald R. van der Vaart Governor Secretary NOTICE OF VIOLATION June 3, 2015 CERTIFIED MAIL 70131710 0002 0896 3336 RETURN RECEIPT REQUESTED Mr. Glen Tillman 218 East Main St Havelock, NC 28532 RE: NOTICE OF VIOLATION AND REQUEST TO CEASE UNAUTHORIZED DEVELOPMENT CAMA VIOLATION #15-05C Dear Mr. Tillman: This letter is in reference to May 7, 2015 visit onsite Mr. Jim Tuttle's property off J Bell Lane, adjacent to Bogue Sound, at or near Newport in Carteret County, North Carolina. The purpose of the onsite meeting was to investigate unauthorized development on the aforementioned property. Information gathered by me for the Division of Coastal Management indicates that your actions as contractor for Mr. Tuttle 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-118. I have information that indicates you have undertaken or are legally responsible for excavation, filling and grading for the installation of PVC drain piping associated with an on -site wastewater septic system on the aforementioned property. This activity took place in the Estuarine Shoreline that is contiguous with Bogue Sound. In addition, alteration of the coastal wetland substrate was noted. The waters of Bogue Sound in this area are classified as Outstanding Resource Waters (ORW). The Estuarine Shoreline and Coastal Wetland areas are designated as Areas of Environmental Concern (AEC) and in this case the unauthorized development took place within 575' feet of the waters of Bogue Sound and within the 30' CAMA buffer. The unauthorized activity also took place in non -coastal Section 404 wetlands, 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. 400 Commerce Avenue, Morehead City, North Carolina 28557 Phone: 252-808-2808 \ Internet: www.necoastalmanagement.net An Equal Opportunity 1 Affirmative Action Employer- Made In part by recycled paper U.S. Postal Service,, CERTIFIED MAIL... RECEIPT (Domestic Mail Only; No Insurance Coverage PS Form 3800. August 2006 See Reverse for Instructions . Certified Mail Provides: ■ A mailing receipt ■ A unique identifier for your mailpiece Is A record of delivery kept by the Postal Service for two years Important Reminders: ■ Certified Mail may ONLY be combined with First -Class Mail, or Priority Mall, is Certified Mail is not available for any class of international mail. Is NO INSURANCE COVERAGE IS PROVIDED with Certified Mail. For valuables, please consider Insured or Registered Mail. ■ For an additional fee, a Return Receipt may be requested to provide proof of delivery To obtain Return Receipt service, please complete and attach a Return ReceipC(PS Form 3811) to the article and add applicable postage to cover the fee. Endorse mailpiece'Return Receipt Requested'. To receive a fee waiver for a duplicate return receipt, a USPS, postmark on your Certified Mail receipt is required. ■ For an additional fee, delivery may be restricted to the addressee or addressee's authorized agent. Advise the clerk or mark the mailpiece with the endorsement 'Restricted Delivery'. ■ If a postmark on the Certified Mail receipt is desired, Please present the arb- cle at the post office for postmarking. If a postmark on the Certified Mail receipt is not needed, detach and affix label with postage and mail. IMPORTANT., Save this receipt and present It when making an Inquiry. PS Farm 3e00. August 2006 (Reverse) PSN 7M0-02-000-9067 • Mr. Glen Tillman June 3, 2015 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. Whether a higher amount will be assessed will depend on several factors, including the nature and area of the resources that were affected and the extent of the damage to them. Based upon the North Carolina Administrative Code, Title 15A, Subchapter 7J.0409(g)(4)(E), the policy of the Coastal Resources Commission is to levy a civil assessment against contractors in addition to that assessed against the landowner. Therefore, you should expect a civil assessment to be levied against you. 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 immediate future to determine whether this REQUEST TO CEASE AND DESIST has been complied with. Thank you for your cooperation in this matter. Sincerely, Heather M. Styron Coastal Management Representative Cc: Roy Brownlow, District Manager, DCM 400 Commerce Avenue, Morehead City, North Carolina 28557 Phone: 252-808-28081Internet: www.nccoaslalmanagement.net An Equal Opportunity 1 Art irmative Action Employer - Made in part by recycled paper DCM ENFORCEMENT TRACKING REPORT tliance Rep. ❑ E Violation Case No. _ (S- dS[—, Permit No. A) f+ (if applicable) Violation Description Was activity permittable? Yes / No \ Initial Discovery Date ( Discovery Method . 6-- / eL ('�yy� (,p,c,�y f2:1& i% Violation Description C�„::I& 7rar*( (nJS- r D.a• .n___D ./_ .. i.._L/ / / . i/ &Carr IIn L/ or D/F Violations: Yes Respondent Name(s) [a ten Address Z (k C, /„4ry 5-4 City Phone # 7,17 - Z%iCl - 7%92 — Fax #/Email Corporate Name & Registered agent State Xlp 2. Violatio Type: Project T e: Authorizations Required: Site Visits Respondent Site Visits Respondent No Permit�rC ❑ Permit Condition orate ommunity ❑ ovt./Public ajo ❑ CAMA ❑ Minor ❑ D&F Present Present ❑ ❑ Expired Permit ❑ Commercial F1 General ❑ ❑ Er -Inconsistent w/ Rules Tier Level: I II III ❑ ❑ Violation Location and Site Description Project Location: CountyJJA Street Address/ State Road/ Lot #(9Qo1-J 9W GN Subdivision City ZIP Phone # ( _) River Basin Adj. Wtr. Body 11`50SpUMi (nay an /unkn) Closest Mal. Wtr. Body sly v NOV Date CNOV Date Penalty Assessment Sent to Respondent Date Rcvd. by Dist. Mgr. Date Assessment Extended Yes No �Ctw M4. /1Aket'k 0"\ I if Ixtf-CPar �c 4n _. PLi LI) CA,n un if r0 4.70,5�77e% —76'q�6�0 Lat/Long Shoreline Length _-� SAV: Not Sure Yes ANT Sandbags: Not Sure Yes �NrT PNA: _ Yes N Adjacent ORW: 6P No Adjacent Crit. Hab. Yes IA16 Photos 0d No Waiver Required Yes N In DWQ Buffer Area Yes ,46-� Specify DWQ Buffer if applicable: A/ / Initial Req. Comp. Date n_GFI{ Extension Granted Yes No rT Restoration Letter Date Comp. Observed Acceptance Date App./Permit Fee Continuing 7J.0409 Ref. Recomm. Assess. DCM Assess. .5--eg $ Z ra $ 7/�O $ 7i5--0 $ $ $ $ ft $ Total IMF l ti �v P JkC peaf c , 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 / No If yes, which types: CW EW PTA (E§/ PTS OEA HHF IH A 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 NOTES: l l�11 ( fi 4 (G Closing Payment Received $ Date Date Case Closed