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Home My WebLink About15-02D KoloskiPat McCrory Governor „�� CNE R North Carolina Department of Environment and Natural Resources NOTICE OF VIOLATION February 3, 2015 CERTIFIED MAIL 7011 0110 0000 9947 2314 RETURN RECEIPT REQUESTED Mr. John Koloski 130 Atkinson Road Surf City, NC 28445 RE: NOTICE OF VIOLATION AND REQUEST TO CEASE UNAUTHORIZED DEVELOPMENT CAMA MINOR VIOLATION #15-02D Dear Mr. Koloski: r6 Donald R. van der Vaart Secretary This letter confirms that on January 7, 2015, 1 met with you onsite at your property located at Lot 2 in the Peninsula at Topsail off of Atkinson Road adjacent an unnamed canal off of Topsail Sound located in the Town of Surf City, Pender County, North Carolina. The purpose of the visit was to investigate unauthorized development of placing fill within the Estuarine Shoreline Area of Environmental Concern. This letter also confirms my January 7, 2015 site visit with you regarding this matter. Information gathered by me shows that you have undertaken minor development in violation of the Coastal Area Management Act. 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 placing fill material in an area measuring approximately 47 ft. in length by 42 ft. in width (1974 sq. ft.) on the aforementioned property. This activity took place within 30 ft. of Normal High Water (NHW) in the Estuarine Shoreline AEC that is contiguous with the waters of Topsail Sound. Estuarine Shoreline areas are designated as Areas of Environmental Concern (AEC). No permit was issued to you for work in this area. Based on these findings, I am initiating an enforcement action by issuing this Notice of Vloladon for violation of the Coastal Area Management Act I request that you immediately CEASE AND DESIST any further development and contact me about this important matter. A civil assessment of up to $1,000 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 127 Cardinal Drive Ext., Wilmington, North Carolina 284053845 RECEIVED Phone: (910) 796-7215\ FAX: 9103953964 \ Internet: www.nocoastaimanagement.net An Equal Opportunity'\ Affirmative Action Employer— 50% Recycled \ 10% Post Consumer Paper FEB 0 6 7M5 Dclyf'-h ”) CITY Mr. John Koloski February 3, 2015 Page Two 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 N.C.G.S.113A-126. It is the policy of the Coastal Resources Commission to levy a civil assessment not to exceed $1,000 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 affected and the extent of the damage to them Based upon the North Carolina Administrative Code, Title 15A, Subchapter 07H. State Guidelines for Areas of Environmental Concern, the activity you have undertaken, placing fill within the Estuarine Shoreline AEC within 30 ft. of NHW, appears consistent with Section 15A NCAC 07H .0209(d)(10)(G), which states that grading, excavation and landscaping with no wetland fill is consistent with the management objectives for the Estuarine Shoreline AEC. (Please be aware that projects shall not increase stormwater runoff to adjacent estuarine and public trust waters). Therefore, I am not requesting restoration at this time. I request that you contact me immediately about this matter. The relevant statute 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. Upon submission of my enforcement report to the Division of Coastal Management, you will be notified by the Division as to the amount of a civil assessment for undertaking development without first obtaining the proper permit(s). Sincerely, Tara Macl Coastal M Cc: Debra Wilson, District Manager, DCM Roy Brownlow, Compliance and Enforcement Coordinator, DCM Jason Dail, Field Representative, DCM Steve Padgett, Building Inspection ENCLOSURE 127 Cardinal Drive Ext., Wilmington, North Carolina 284053845 Phone: (910) 796-72151 FAX: 91039539641Internet: www.ncooastalmanagement.net An Equal Opportunity 1 Affirmative Action Employer — 50% Recycled 110% Post Consumer Paper RECEIVED FEB 0 6 2015 AQM:Myra 61TY DCM ENFORCEMENT TRACKING REPORT Issuer Violation Case No. Field Rep. t Compliance LPO Vv Permit No. (if applicable) LPJ Violation Description - W activity permittable?Yes / No Initial Discovery Date Discovery Method g [ ethod , ��n`,Q rJ� j� 112Y� Volabon Description VMAt V1 .\IV :: , 1A YIAAi-I Respondent Names) Address,. V9n Phone#., v�jD or D/F Violations: YiW / No Prior Case No: City .ir. ; State , 1. Zip ._LGCa—'�`'e � Fax #/Email Corporate Name & Registered agent Violation Type: Project Type: Authorizations Required: Site Vmifs Respondent Site Visits Respondent No Permit vatelcommundy Major CAMA i Present — Present Permit Condition GovL/Public --Minor L1 D&F — Expired Permit �_.. Commercial //'''�--�� Generalb ---- Inconsistent w/ Rules Tier Level: I II III Q Violation Location and Site Description Lat/Long Project Location: County - Shoreline Length Street Address/ State Road/ Lot #(s) d SAV: Not sure Yes Sandbags: Not Sure Yes Subdivision PNA: YesCiacent ORW: Yes No Adjacent City" ZIP. Cdt. Hap. Yes No % RECEIVED Phone #'FlLu)- _ River Basin / Photos t+r� Waiver Required asas es No No FEB 0 6 10b Adj. Wtr. Body n In DWQ Buffer Area Yes No p'gm-mnpp,m Closest Maj. Wtr. Body _4Z / oL� SpecifyDWQ Buffer if applicable: NOV Date �,.�.• 1 CNOV Date Penalty Assessment Sent to Respondent Date Rcvd. by Dist. Mgr. Date Assessment Extended Yes Initial Req. Comp. Date Date Comp. Observed App: arm Penalty No Willfullintent Continuing Investigative Extension Granted Yes No Restoration Letter Acceptance Date 7J.0409 Ref. Recomm. Assess. DCM Assess. $ $ $ Is Total k- 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 penaltyMOV Injunction to complete restoration Date Collection Letter Sent Date Demand Letter Sent Violation Activities and Impacts AECs A Wetlands Impacted? Y No If yes, which types: EW PTA t� PTS HHF IH UBA N/A SA DS CJ SY JR LS TY PWS: FC: SS SC SP IF BF 404 FEB 0 6 2015 rrA�,l"A°AFk 411.Y, Closing Payment Received $ Date Date Case Closed Pat McCrory Governor A 06 R North Carolina Department of Environment and Natural Resources Division of Coastal Management February 16, 2015 CERTIFIED MAIL 70110110 0000 9947 2321 RETURN RECEIPT REQUESTED Mr. John Koloski 130 Atkinson Road Surf City, NC 28445 RE. CAMA VIOLATION #15.02D Dear Mr. Koloski: Donald R. van der Vaart Secretary This letter is in reference to the Notice of Violation dated February 3, 2015 that Tara MacPherson, Field Specialist for the N.C. Division of Coastal Management, issued to you for the unauthorized placement of fill at Lot 2 in the Peninsula at Topsail adjacent to an unnamed canal off of Topsail Sound located in the Town of Surf City, Pender County, North Carolina. The violation involved the Estuarine Shoreline AEC, which is an Area of Environmental Concern designated by the Coastal Resources Commission. The Coastal Area Management Act provides that a civil assessment of up to $1,000 may be assessed for any violation. It is the policy of the Coastal Resources Commission to assess a civil penalty for all violations in order to recover some of the costs of investigating violations and/or to compensate the public for any damage to its natural resources. Under the rules of the Coastal Resources Commission, a proposed civil penalty in the amount of $200 is appropriate for this violation. You may expeditiously resolve this matter prior to the assessment of a formal civil penalty by accepting responsibility for the violation and paying the amount proposed above. In order to do this, you must: (1) sign one of the attached copies of an "Agreement to Pay Civil Assessment;" (2) attach a check or money order for $200 made payable to the North Carolina Department of Environment and Natural Resources (NCDENR); and, (3) return the signed agreement and payment to this office in the enclosed, self-addressed envelope within ten (10) days of your receipt of this letter. Upon deposit of your check in the Department's account, you will receive a Notice of Compliance officially closing this enforcement action. If you do not send a signed agreement and payment to this office within ten (10) days, the Director of the Division of Coastal Management will formally assess a civil penalty against you. You will then have the opportunity to request a hearing on the penalty or request settlement of the penalty. 127 Cardinal Drive Ext., Wilmington, North Carolina 28405-3845 Phone: 910-796-7215\FAX: 910-395-39641Internet: www.nocoastalmanagement.net An Equal Opportunity \ Affirmative Action Employer— 50% Recycled \ 10% Post Consumer Paper Mr. John Koloski February 16, 2015 Page 2 Thank you for your time and cooperation in resolving this important matter. If you have any questions, please do not hesitate to contact me at (910) 796-7215. Sincerely, Debra Wilson District Manager Enclosures TmIDw cc: Roy Brownlow, Compliance Coordinator, DCM Jason Dail, Local Permit Officer Steve Padgett, Town of Surf City 127 Cardinal Drive Ext., Wilmington, North Carolina 28405-3845 Phone: 910-796-7215\FAX: 910-395-3964\Internet: www.nocoastalmanagement.net An Equal Opportunity \Affirmative Action Employer — 50% Recycled \ 10% Post Consumer Paper ENFORCEMENT TRACKING REPORT Initial Discovery Date Violation Descriptipn RespondentNName(s) Address., 'A') �d w ' AgenflConttactor) State,-W., Zip:, W Violation Type: - Project Type: Authorizations Required: Site Visits ' Respondent SRe Visits Respondent Prrclb Present X_No Permit vate/Communityajor CAMA \ S j Permit Condition Govt./Public Minor D&F z :Expired Permit Commercial General 0Inconsistentw/Rules Tier'Level: 1 II 111 n Project Location: County Street Address/ State Road/ Lot #(s) City" r MY,A _l Phone #f�ILO);; Adj. WV. Body Closest Maj. Wtr. Body NOVDate CNOV Date Penalty Assessment _* ZIP.. River Basin Lat/Long •. Shoreline Length. .. Sand Not Sure Yes R Sandbags: Not Sure Yes tdja=t pNA: Yes n, ORW: Yes No Adjacent Crit. Hab. Yes No 9 r Photos No Waiver Required es No a - In DWQ Buffer Area Yes No .. Specify DWQBuffer ifapplicable: . Extension Granted Yes No InitialReq. Comp. Date - ��_ rZ l5 Restoration Letter Date Comp. Observed 5L� Acceptance Date Sent to Respondent Date 01• App./Permit I Penalty Rcvd. by Dist. Mgr. Date Assessment Extended Yes No Willful/Intent. 7.1.0409 Ref. _ Recomm. Assess. DCM Assess. $ V $ $ $ . $ it\ $ - Total Formal Assessments, Appeals and Reductions Date Long Form Submitted, Assessment Appealed: Yes No Date Formal CPA Submitted U Penalty modified Final Assessment$. Date Attorney General's Office for Injunction or Formal Collection Date sent to AG Respondent not responsive to penalty/NOV'ZI Injunction to complete restoration Date Collection Letter Sent Date Demand Letter Sent Violation, Activities and Impacts cl— AECs-PHHF EW PTA �S/ 5 j PTS Wetlands Impacted? Ye(No If yes, which types' � IH UBA N/A SA DS CJ SY JR LS TY PWS: FC: SS SC , SP IF BF 404 umer: y^� Restoration Required by the Respondent Yesprto Dimensions in excess of permit/ unauthorized activities of Dimensions to restore Final dimensions allowed restored ff a .` "� + ,+� Closing Payment Received $ Date Date Case Closed North Carolina Pat McCrory Governor Mr. John Koloski 130 Atkinson Road Surf City, NC 28445 A7 � r NC2D1ENR Department of Environment and Division of Coastal Management February 24, 2015 Natural Resources Donald R. van der Vaart Secretary RE: Closure Letter Payment of Proposed Penalty for Violations of the Coastal Area Management Act, Committed in Pender County CAMA Violation #15-02D Dear Mr. Koloski: This letter will acknowledge receipt of your check #1310, in the amount of $200.00, dated February 20, 2015, for the Notice of Violation dated February 3, 2015 that Tara MacPherson, Field Specialist for the N.C. Division of Coastal Management, issued to you for the unauthorized placement of fill at Lot 2 in the Peninsula at Topsail adjacent to an unnamed canal off of Topsail Sound located in the Town of Surf City, Fender County, North Carolina. The violation involved the Estuarine Shoreline AEC, which is an Area of Environmental Concern designated by the Coastal Resources Commission. Once the amount is credited to the Department of Environment and Natural Resources' account, this matter will be fully and completely closed. Thank you for your cooperation in resolving this violation. If you have any further questions concerning this matter, please contact me at the Wilmington Regional Office, (910) 796-7215. Sincerely, n ��JJ y ' Debra D. Wilson RECEIVED District Manager MAR 01 2015 DDW/ph CAslmanwn " cc: Roy Brownlow, Compliance Coordinator Jason Dail, Local Permit Officer Steve Padgett, Town of Surf City 127 Cardinal Drive Ext., Wilmington, North Carolina 28405-3845 Phone: 910-796-72151 FAX: 910-395-39641Internet: www.ncooastalmanagement.net An Equal Opportunity 1 Affirmative Action Employer— 50% Recycled 110% Post Consumer Paper Mr. John Koloski February 16, 2015 Page 3 CAMA VIOLATION #15.02D Mr. John Koloski 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 $200 against me for violation of the Coastal Area Management Act, NCGS 113A-100 at sea, committed on or near my property located at Lot 2 in the Peninsula at Topsail off of Atkinson Road in the Town of Surf City, Pander 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 February 3, 2015, and agree to pay the proposed civil assessment of $200. DAfE IGNATURE ADDRESS su2/-- G/ 7-li N.0 T�io) 329 Gsa TELEPHONE NUMBER C/! 4,-' /3/a RECEIVED MAR 0 2 101J M-INUawn r-rrr RECEIVED DCM WILMINGTON, INC ' 127 Cardinal Drive Ext.,Wilmington, North Carolina 284053845 I Ell) `t e� 3 Z015 Phone: 910-796-72151 FAX: 910-395-396411ntemet: www.n000astalmanagement.net An Equal Opportunity 1 Affirmative Action Employer— 50% Recycled 110% Post Consumer Paper ENFORCEMENT TRACKING REPORT Rep. Initial Discovery Date . Violation Description Discovery Method or D/F Violations: Yad/ No Violation Case No. Permit (if applicable) activity permittable? Yes / No Respondent Names) andow - AgenuContramop Address. City e State Zip k 414 S Phone # f D - J o�� Fax #/Ema( Corporate Name & Registered agent Violation Type: ProjectType: Authorizations Required: Site Visits Respondent Site Visits Respondent PreserLt Present o Permit2rivate/Community Major CAMA \ S Permit Condition' Govt./Public inor D&F b Expired Permit t Commercial fl General Inconsistentw/ Rules Tier Level: I II III I 4 ❑' Violation Location and Site Description Project Location: County Street Address/ State Road/ Lot #(s) Subdivision City Lat/Long Shoreline Length SAV: Not Sure Yes Sandbags: Not Sure Yes PNA: Yes o jacent ORW: Yes No MifMCtEIVED Crit. Hab. Yeses No % Phone #tJ,Jo), River Basin d Photos Ives ) No An Q a Lori Adj. WV. Body a — Waiver Required es No j4+Mfl.Idgtyeft* in DWQ Buffer Area Yes No Closest Mal. Wtr. Body Specify DWQBuffer 'rfapplicable: Restoration Extension Granted Yes No NOV Date :9. �JJInitial Req. Comp. Date _-,`�2estoration Letter r( CNOV Date Date Comp. Observed 5i1K1�+�-- ' J Acceptance Date ZIP Penalty Assessment Sent to Respondent Date �•� \ ApP./Pem rfFee — Rcvd. by Dist. Mgr. Date Penalty Assessment Extended Yes No 7J.0409 Ref. Recomm. Assess. DCM Assess. —' - $ $ $ >U $ .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 _0 Respondent not responsive to penalty/NOV t l Injunction to complete restoration Date Collection Letter Sent Date Demand Letter Sent Violation Activities and Impacts AECs /T� Wetlands Impacted? Y No If yes, which types: EW PTA (! / PTS AWHHF IH UBA WA - SA DS CJ SY JR LS TY PWS: FC: SS SC SP IF BF 404 Closing Payment Received $ � !n . D Date 3 15 Date Case Closed