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HomeMy WebLinkAbout05-36D Koury Managment LLC Star SeafoodARLA. NCDENR North Carolina Department of Environment and Natural Resources Division of Coastal Management Michael F. Easley, Governor Charles S. Jones, Director William G. Ross Jr., Secretary August 2, 2005 Koury Management, LLC Star Seafood C/o Ms. Carolyn Koury Hill 3330 Old Ferry Road, S.W. Supply, North Carolina 28462 RE: Closure Letter Dear Ms. Hill: -�4 Payment of Proposed Penalty for Violations of the Coastal Area Management Act, Committed in Brunswick County CAMA Violation # 05-36D This letter will acknowledge receipt of your Check #2146, in the amount of $500.00, dated July 31, 2005. 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 Wilmington office, (910) 796-7290. Sincerely, \ _ James H. Gregson t Manager JHG/bar cc: Ted Tyndall, Assistant Director Roy Brownlow, Compliance Coordinator WIRO File Copy 127 Cardinal Drive Ext., Wilmington, North Carolina 28405-3845 Phone: 910-796-7215 \ FAX: 910-395-3964 \ Internet: www.nccoastalmanagement.net An Equal Opportunity \ Affirmative Action Employer— 50% Recycled \ 10% Post Consumer Paper Koury Management, LLC-Carolyn Koury Hill July 20, 2005 Page 3 of 3 CAMA VIOLATION #05.36D 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 $500.00 against me for violation of the Coastal Area Management Act, NCGS 113A-100 et seg, committed on or near my property, 3330 Old Ferry Road, S.W., Supply, in Brunswick County, North Carolina. In orderto 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 May 16, 2005, and agree to pay the proposed civil assessment of $500,00. DATE REC:L:i'VE_D DCM WILMINGTON, NC AUG 0 2 2005 ADDRESS TELEPHONE NUMBER DCM ENFORCEMENT TRACKING REPORT &Rgi�jd N Issuer Field Rep. Violation Base No. S 3 LPO ri)Wrufr e MA-PJOw A B C D u LPJ QR.Ik&JS( lick U Violated P_r:rit No. Violation Description Was activity permittable? Yes /� Initial Discovery Date O o — Discovery Method C12tir(*JiFp ay L QO Viclation Description F�ClUSu�r,n �d"rf-i) D�Clt arre6Zi�kli/,'c r�HS1 wA el�rJa,�nc rc�,� �A .�—� Respondent Information Prior Violations in same AEC: Yes Respondent Name(s) 1'AZO/1/T 1�OtirY lti I / Address _/ 77 ln/r n/A�yfflet lam/ I City Phone # Email Vic Type: No Permit Permit Condition �l Expired Permit Inconsistent wl Rules Project Type: PrivatelCommunity � Govt./Public !� Commercial Fax # Authorizations Required: ✓Majcr AMA Minor ! D&F El _I General Number State /tt— Zip Site Visits Respondent Present C! d )I- `tom Violation Location and Site Description Project Location: County 1!/LGtnl5WI -CIC Rover File Shoreline Length Site Visits Respondent Present Street Address/ Slate Road/ Lot #(s) _ O 016 fZ /2/Q y� /r a v�✓-�—---r—`� SAV: Not Sure Yes t'`f • Sandbags: Not Sure Yes Subdivision _ PNA: Yg ® Adjacent City Sttoy ZIP ORW: Yes & Adjacent Phone # ( _ River Basin J A4, h,M- Crit. Hat. Yes Q� _) Photos ® No Adj. Wtr. Body AJanJIn1 an /unkn)_ Waiver Required Yes I� Closest Maj. Wtr. Body P6;W K/ In DWQ Buffer Area Ya r _ Specify DWQ Buffer if applicable: Restoration NOV Date 0 n2s� Initial Req. Comp. Date � Extension Granted Yes ISO CNOV Date _ Date Comp. Observed 0.r— a f oS 5!)v Restoration Letter 0 — f_ a Y R°i Acceptance Date Penalty Assessment 71.0409 Ref. Recomm. Assess.I DCM Assess. Sent to Respondent Date ��� App.IPermit Fee i j s QU, t'U I s t/DU. °" Rcvd by DCM Date I Penalty is w Is f JU ou Assessment Extended Yes No Willful/Intent s is Continuing $ i 4 L Other ! Is i5 Total I ew 0 . —t- • ,.1 Formal Assessments, Appeals and Reductions Date Long Form Submitted _ Assessment Appealed Yes No PenaL• ...cdi;ied Final Assessment 5 Date Attorney General's Office for Injunction or Formal Collection Date sent to AG. — Respandant not responsive to penalty) w —toration Date Collection Let. Sent Date Demand Let. Sent Violation Activities and Impacts AECs Affected: Wetlands Impacted? Yes I No If yes; which types: CW EW PTA ES PTS OEA • HHF IH SA DS Cl SY • 1R LS TY PWS: FC: Other: Restoration Required by the Respondent Yes I No SS SC SP IF BF 404 Dimensions in excess I Dimensions to restore I Final dimensions j of permid unauthorized activities allowed Actually restored 1 Develcoment Activities I I Habitat i NOTES: Closing Payment Received 5._ `� O� _Date �' �� Date Case Closed NCDENR North Carolina Department of Environment and Natural Resources Division of Coastal Management Michael F. Easley, Governor Charles S. Jones, Director William G. Ross Jr., Secretary July 19, 2005 Koury Management, LLC Star Seafood C/o Ms. Carolyn Koury Hill 3330 Old Ferry Road, S.W. Supply, INC 28462 RE: RESTORATION ACCEPTANCE - CAMA VIOLATION #05-36D Dear Ms. Hill: This letter is in reference to the Notice of Violation # 05-36D sent to you dated May 16, 2005 for Unauthorized major development by engaging in land disturbing activity, construction of a concrete slab, erection of pre -fabricated metal storage building, enclosing an existing screen porch that is waterward of the high water line, and construction of a wooden deck, all within the Estuarine Waters, Public Trust Area, and Estuarine Shoreline Area(s) of Environmental Concern adjacent to the AIWW. The violation took place on your property located at Star Seafood off of SR 1115 in or near the community of Supply in Brunswick County, North Carolina. This unauthorized activity constituted development and you were requested to restore the enclosed portion of the porch to its condition as it existed prior to the unauthorized development. In accordance with the North Carolina Administrative Code, Title 15A, Subchapter 7J.0410, any violation involving development which is inconsistent with guidelines for development within Areas of Environmental Concern (AEC) must be corrected by restoring the project site to pre -development conditions to recover lost resources or to prevent further resource damage. I conducted a site visit at the aforementioned property on June 21, 2005 to inspect the restoration of the unauthorized activity addressed in the Notice of Violation 05-36D. Based on this inspection, it appears the restoration is accomplished to the satisfaction of this Division. Upon my submission of an enforcement report, you will be notified as to the amount of the civil penalty for undertaking this unauthorized activity within the Area(s) of Environmental concern. Thank you for your attention and cooperation in this matter. If you have any questions pertaining to this matter, please feel free to call me at (252) 808-2808. Sincerely, ►ownk' Compliance Coordinator, DCM 400 Commerce Ave, Morehead City, North Carolina 28557 Phone: 252-808-2808 \ FAX: 252-247-3330 \ Internet: www.nccoastalmanagement.net An Equal Opportunity\ Affirmative Action Employer - 50% Recycled \ 10% Post Consumer Paper ivw. vwv�yn iwuiy i un July 19, 2005 Page 2 of 2 Cc: Uryndall, AssistAiirector, DCM Jim Gregson, District Manager, DCM Henry Wicker, USACE Connie Marlowe, Brunswick County © 0 NCDENR North Carolina Department of Environment and Natural Resources Division of Coastal Management Michael F. Easley, Governor Charles S. Jones, Director William G. Ross Jr., Secretary NOTICE OF VIOLATION 16 May 2005 CERTIFIED MAIL #7004 2890 0002 3425 2958 RETURN RECEIPT REQUESTED Koury Management, LLC Star Seafood C/o Ms. Carolyn Koury Hill 3330 Old Ferry Road, S.W. Supply, NC 28462 D MAY 2 0 Z005 Morehead City DCM RE: NOTICE OF VIOLATION AND REQUEST TO CEASE UNAUTHORIZED DEVELOPMENT CAMA VIOLATION #05-36D Dear Ms. Hill: This letter confirms that on 04 May 2005, DCM Compliance Coordinator Roy Brownlow and I were onsite at your property located at Star Seafood, 3330 Old Ferry Road, S.W. adjacent to the Atlantic Intracoastal Waterway (AIWW) located in or near Supply, off SR 1115, Brunswick County, North Carolina. The purpose of the visit was to investigate unauthorized development involving land disturbing activity for the development, the erection and placement of a concrete slab, a prefabricated metal building, enclosure of an existing deck/porch over the water, and construction of a wooden deck adjacent the AIWW. This letter also confirms our earlier meeting on site on April 21, 2005. 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 unauthorized major development on the aforementioned property by: 1. land disturbing activity involving grading and filling an area approximately ±30' x ±32' (960 square feet) associated with the development of a concrete slab; 2. the placement and construction of a 25' x 27' (675 square feet) concrete slab with a prefabricated metal building placed upon it; 3. the enclosing of an existing deck/porch attached to the existing structure by erecting wooden framing with siding on walls under the existing roof. The enclosure is located entirely over estuarine waters; 4. the erection and construction of a 11' x 43' (473 square feet) unenclosed wooden deck platform attached to an existing deck over existing impervious surface. 127 Cardinal Drive Ext., Wilmington, North Carolina 28405-3845 Phone: 910-395-3900 \ FAX: 910-350-2004 \ Internet: www.nccoastalmanagement.net An Equal Opportunity \Affirmative Action Employer— 50% Recycled 110% Post Consumer Paper Koury Management, LLC Star Seafood c/o Ms. Carolyn Koury Hill 16 May 2005 Page 2 of 4 This activity took place in Estuarine Waters, Public Trust Area, and the Coastal Shoreline Area(s) of Environmental Concern and the 30' buffer area that are contiguous with the AIWW. Estuarine Waters, Public Trust Area, and the Coastal 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 Violation for violation of the Coastal Area Management Act. I request that you immediately CEASE AND DESIST any further unauthorized activities within designated Areas of Environmental Concern. A civil assessment of up to $2,500 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 up to $2,500. An injunction or criminal penalty may also be sought to enforce any violation (N.C.G.S. 113A-126). It is the policy of the Coastal Resources Commission to levy a minimum civil assessment of $500.00 not to exceed $2,500 against all violations. This is done to recoup some of the costs of investigating violations and/or to compensate the public for any damage to its natural resources. Whether a higher amount will be assessed depends 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 07H. State Guidelines for Areas of Environmental Concern, a portion of the activity you have undertaken that involves the enclosing of an existing deck attached to the existing structure by erecting wooden framing with siding on walls under the existing roof that is located entirely over estuarine waters in the Coastal Shoreline AEC and the 30' buffer. area, is not consistent with Section 7H .0209(d)(10), which prohibits the development of nonwater- dependent structures. Therefore, I am requesting that enclosed portion of the deck/porch be restored to its condition as it existing prior to the recent unauthorized development by removing the solid wood -frame wall that was erected under the existing roof, Please refer to the enclosed Restoration Agreement. If you intend to cooperate with my request, please sign one of the attached Restoration Agreements and return it to me in the enclosed, self-addressed envelope within ten (10) days of receipt of this letter. Failure to comply with this request or respond back to this office prior to the requested deadline with an acceptable schedule for compliance will be interpreted as a refusal to cooperate and will result in a Notice of Continuing Violation, as well as a court injunction being sought ordering compliance. 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. 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 (910) 395-3900. Upon completion of the restoration as requested in the Restoration Plan Agreement to the satisfaction of the Division of Coastal Management, you will be notified as to the amount of the civil assessment for undertaking development without first obtaining the proper permit(s) and/or development that is inconsistent with Coastal Resources Commission rules. 127 Cardinal Drive Ext., Wilmington, North Carolina 28405-3845 Phone: 910-395-39001 FAX: 910-350-20041 Internet: www.nccoastalmanagement.net An Equal Opportunity 1 Affirmative Action Employer— 50% Recycled 110% Post Consumer Paper Koury Management, LLC Star Seafood c/o Ms. Carolyn Koury Hill 16 May 2005 Page 3 of 4 Sincerely, Ji regson istri t Manager Arr Cc: Ted Tyndall, Assistant Director, DCM Roy Brownlow, Compliance Coordinator, DCM Henry Wicker, USACE Connie Marlowe, Brunswick County ENCLOSURE 127 Cardinal Drive Ext., Wilmington, North Carolina 28405-3845 Phone: 910-395-39001 FAX: 910-350-20041 Internet: www.nccoastalmanagement.net An Equal Opportunity 1 Affirmative Action Employer— 50% Recycled 110% Post Consumer Paper Koury Management, LLC Star Seafood c/o Ms. Carolyn Koury Hill 16 May 2005 Page 4 of 4 RESTORATION PLAN For NAME OF PROPERTY OWNER Property CAMA Violation No. ENTER CASE NO. Property located at ROAD ADDRESS, COUNTY County 0 Remove solid wood frame v from under existing roof. FA I, Carolyn Koury for Koury Management, LLC and Star Seafood, agree to restore the enclosed portion of the existing deck/porch to its condition as it existed prior to the recent unauthorized development by removing the solid wood -frame wall that was erected under the existing roof. I agree to complete this restoration to the satisfaction of the Division of Coastal Management (DCM) by 16 June 2005, or provide an explanation for non-compliance and a reasonable request for time extension. When corrective actions are complete, I will notify the DCM so the work can be inspected. SIGNATURE: DATE: It is the policy of the Coastal Resources Commission to levy a minimum civil assessment $500.00 and higher against all violations of this type depending upon the damage to the resources. If restoration is not undertaken or satisfactorily completed, a substantially higher civil assessment will he levied and an injunction sought to require restoration. 127 Cardinal Drive Ext., Wilmington, North Carolina 28405-3845 Phone: 910-395-3900 \ FAX: 910-350-2004 \ Internet: www.nccoastalmanagement.net An Equal Opportunity \ Affirmative Action Employer — 50% Recycled \ 10% Post Consumer Paper Page 1 of 1 North Carolina Elaine F Marshall DEPARTMENT OF THE Secretary SECRETARY OF STATE PO Box 29622 Raleigh, NC 27626-0622 (919)807-2000 Corporations Date: 5/16/2005 •Corporations Home *important Notice Click here to: •Corporate Forms/Fees View Document Filings 1 "Corporations FAQ nX Print apre-populated Annual Report Form 1 File an Annual Report, I ®Tobacco Manufacturers *Dissolution Reports Corporation Names *Non -Profit Reports *Verify Certification *Online Annual Reports Name Name Type Links NC Koury Management LLC Legal *secretary Of State Home Limited Liability Company Information •Register for E-Procurement •Dept. of Revenue soslo: 0716620 Legislation 01999 Senate Bills FID: 02001 Bill Summaries Status: Current -Active *Annual Reports 1997 vCorporations 1997 Date Formed: 3/18/2004 *Other Legislation Citizenship: Domestic Search State of Inc.: NC *By Corporate Name •For New Corporation Duration: Perpetual eBy Registered Agent Registered Agent Online Orders *Start An Order ®New Payment Procedures Agent Name: Hill, Caroyln Koury Contact Us Registered Office Address: 1728 Windward Place °Corporations Division Shallotte NC 28470 ®Secretary of State's web site Registered Mailing 1728 Windward Place Print Address: Shallotte NC 28470 ePrintable Page Principal Office Address: 1728 Windward Place Shallotte NC 28470 Principal Mailing Address: 1728 Windward Place Shallotte NC 28470 For questions or comments about the North Carolina Secretary of State's web site, please send e-mail to Webmaster. http://www.secretary.state.nc.us/Corporations/Corp.aspx?PitemId=6208448 5/16/2005 Star Seafood, Holden Beach New wall to enclose existing porch New open deck 1 d Nr•- M Star Seafood, Holden Beach New pre-fab metal structure w concrete slab .Alp I Y,�a New slab New deck Ex isting i s tiin g c . oncrete 8c s & shell surface Ammv�w KIUXAII 1 � . 4 { r 1T 7 Star Seafood, Holden Beach New concrete slab and storage building within 30' buffer ALE. f TAR E�- OODN 00 r_Gaq -M 1 �m Existing porch New deck 410 Existing concrete New pre-fab aluminum building on new slab Enclosed �x,ST porch t� N New slab STAR SEAFOOD � � w!IOi�S�tiREi�x �*$42.6569 New deck New wooden deck Existing concrete! and shell �"` •fie �� � :�� � _ P tI ,� r Approx MHWL New concrete slab 3r -*MAW ,S f.: + h x s }; Star Seafood, Holden Beach Enclosed Existing porch ft4 Y 4 2005 Enclosed porch arear £ .:c .� IAAMIL - r E ! 1 i I f cr tV s e F t A + r ern � w 4 -. L 4r\ _ r'*'l. [r'�.� ti'r tea ♦.4 _ , 1 �t } "e y r. tit 41�,'�\ � �y� r.= 4�.4Y�i= P ►'I' �,e��1i r �y.'4r+. G 5 �. ?�-� y ���{ \ wi I �� � } v.�. � `. � 3 �,r �� =` r P-0 •�s2 i • ♦ i • • • • ♦ • ♦ • • • • Y - :.;11 \ \ \\ \\� � $� { X.X Xm:t' I fir .0 A 11 i 0 ii A NCDENR North Carolina Department of Environment and Natural kes Division of Coastal Management (y Michael F. Easley, Governor Charles S. Jones, Director William G. Ro9S ca,cretary July 19, 2005 y�0;' Koury Management, LLC Star Seafood C/o Ms. Carolyn Koury Hill 3330 Old Ferry Road, S.W. Supply, NC 28462 RE: RESTORATION ACCEPTANCE — CAMA VIOLATION #05-36D Dear Ms. Hill: This letter is in reference to the Notice of Violation # 05-36D sent to you dated May 16, 2005 for Unauthorized major development by engaging in land disturbing activity, construction of a concrete slab, erection of pre -fabricated metal storage building, enclosing an existing screen porch that is waterward of the high water line, and construction of a wooden deck, all within the Estuarine Waters, Public Trust Area, and Estuarine Shoreline Area(s) of Environmental Concern adjacent to the AIWW. The violation took place on your property located at Star Seafood off of SR 1115 in or near the community of Supply in Brunswick County, North Carolina. This unauthorized activity constituted development and you were requested to restore the enclosed portion of the porch to its condition as it existed prior to the unauthorized development. In accordance with the North Carolina Administrative Code, Title 15A, Subchapter 7J.0410, any violation involving development which is inconsistent with guidelines for development within Areas of Environmental Concern (AEC) must be corrected by restoring the project site to pre -development conditions to recover lost resources or to prevent further resource damage. I conducted a site visit at the aforementioned property on June 21, 2005 to inspect the restoration of the unauthorized activity addressed in the Notice of Violation 05-36D. Based on this inspection, it appears the restoration is accomplished to the satisfaction of this Division. Upon my submission of an enforcement report, you will be notified as to the amount of the civil penalty for undertaking this unauthorized activity within the Area(s) of Environmental concern. Thank you for your attention and cooperation in this matter. If you have any questions pertaining to this matter, please feel free to call me at (252) 808-2808. Sincerely, n / Roy Brownlow Compliance Coordinator, DCM 400 Commerce Ave, Morehead City, North Carolina 28557 Phone: 252-808-2808 \ FAX: 252-247-3330 \ Internet: www.nccoastaimanagement.net An Equal Opportunity \ Affirmative Action Employer- 50% Recycled \ 10% Post Consumer Paper Ms. Carolyn Koury Hill July 19, 2005 Page 2 of 2 Cc: Ted Tyndall, Assistant Director, DCM Jim Gregson, District Manager, DCM Henry Wicker, USACE Connie Marlowe, Brunswick County Ms. Carolyn Koury Hill July 19, 2005 Page 2 of 2 Cc: Ted Tyndall, Assistant Director, DCM Jim Gregson, District Manager, DCM Henry Wicker, USACE Connie Marlowe, Brunswick County