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HomeMy WebLinkAbout15-04C Tuttle"•Y�m: „xf 4z �•: v ni�a ""rM pr Coastal Management ENVIRONMENTAL QUALITY July 25, 2015 Mr. Jim Tuttle 402 J Bell Lane Newport, N.C. 28570 PAT MCCRORY ruw nor DONALD R. VAN DER VAART Se"tary BRAXTON DAVIS Dimaor RE: Payment of Proposed Penalty for Violations of the Coastal Area Management Act, Committed in Carteret County CAMA Violation #15-04C . Dear Mr. Tuttle: This Jetter will acknowledge receipt of your Check # 2085, in the amount of $554.00, and dated received on 7/22/2015.. Once the amount of the check is credited to the Department of Environmental Quality's 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, qku� &aojous Roy Brownlow District Manager RB//rcb Cc Mike Lopazanski, Asst. Director. Heather Styron, Coastal Management Rep. Tyler Crumbley, COE State OFNmrth Carolina I Environmental Quality I Coastal Management 400 Commerce Avenue I Morehead City. NC 28557 ` 252-808-2808 1 252-247-3330 (fax) �eaw FI'M North Carolina Department of Environment and Natural Resources Pat McCrory Governor July 22, 2015 CERTIFIED MAIL RETURN RECEIPT REQUESTED Mr. Jim Tuttle 221 Channel View Court Cape Carteret, NC 28584 RE: CAMA VIOLATION #15.04C Dear Mr. Tuttle: Donald R. van der Vaart Secretary This letter is in reference to the Notice of Violation dated June 3; 2015 that Heather Styron, representative for the Division of Coastal. Management, issued to you for unauthorized development by installation of a drain pipe and:grading;of land at 402 J Bell Lane, Carteret County. The. violation. involved the Estuarine Shoreline and the Outstanding Resource Waters area which are Areas of Environmental. Concern designated by the Coastal Resources Commission. The unauthorized development also involved an area designated as federally regulated Section 404 Wetlands. The Coastal Area Management Act provides that a civil assessment of up to $10,000 plus investigative costs 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 $500 plus $54 investigative cost fora total of $554 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 andpaying the ._amount proposed. above. Jn_order_to_do_this, you_must:_(1)_sign one otthe attached.copies ofan to Pay Civil Assessment;" (2) attach a check or money order for $554 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. 400 Commerce Ave„ Morehead City, NC 28557 Phone: 252-808-28081 FAX: 252-247-3330 .Intemet: www,nccoaSIalmanagement.net An Equal Opporlunity 1AtfumativeAdon Employer ON��v wAl ROPO' m A 'lilt t�1 �t �vp01Slo S� 3 Call cL52.) 441-10 F,VV,,(25t Fo sY1®c�n,4 w�P°n' Mr. Jim Tuttle July 22, 2015 Page 2 of 3 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 (252) 808-2808, ext217. Sincerely, Roy Brownlow District Manager Divisidi of Coastal Management r Representative, DCM s I.er Resources I it i �•^`. I - : i• �i . r' I ,<.+ III - . f _ I 4.00 Commerce Ave.,. Morehead City, NC 28557 Phone: 252-808-28081 FAX: 252-247-3330 Internet: www.nccoastalmanagement.net An Equal Opportunity lAffirm alive Acton Employer ■ Corni 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 (tack of the maiipiece, or on the front if space Dermits. 1. 02� I L�naY.nt� v �ttJ 9590 9403 0412 5163 9037 39 7013 1710 0002 0896 A. Signature X t I % ❑ Agent ❑ Addresser S. Recannid by IP/Nted Name) C. QVtopf r �«- D. Is delivery address different from Item 1? U Yes If YES, enter delivery address below. ❑ No 3. 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' p Saee4 Api ------- 'yyTT ........ . ... ----.... -`--.1.1... �a��c----------- r` o PO Box No. otK smm, nr+a :ertified Mail Provides: r A mailing receipt r A unique identifier for your mailpiece r A record of delivery kept by the Postal Service for two years mporfanf Reminders: r Certified Mail may ONLY be combined with First -Class Mail® or Priority Mahe r Certified Mail is notavailable for any class of international mail. r NO INSURANCE COVERAGE IS PROVIDED with Certified Mail. Foi valuables, please consider Insured or Registered Mail. r For an additional fee, a Return Receipt m% be requested to provide proof of dda¢fIw'ary. To obtain Return Receipt service, please complete and attach a Return Receipt (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 USPSm postmark on your Certified Mail receipt is required. r For an additional fee, delivery may be restricted to the addressee of addressee's authorized agent. Advise the clerk or mark the mailpiece with the endorsement 'Restricted Delivery'. i If a postmark on the Certified Mail receipt is desired, please present the and. 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. MPORTANT: Save this receipt and present it when making an inquiry. 'S Form 3800. August 2006 (Reverse) PSN 7530-02-000-9047 Mr. Jim Tuttle. July 22, 2015 Page 3: of 3 CAMAVIOLATION415-04C . MR.- JIM TUTTLE 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. l SIGNATURE ADDRESS TELEPHONE NUMBER 1 400 Commerce Ave., Morehead City, NC 28557 Phone: 252-808-28081 FAX: 252-247-3330 Internet: www.ncooastaimanagement.net An Equal OpporlunibkAlfirmativeAcdon Employer Mr. Jim Tuttle July 22, 2015 Page 3 of 3 i t t CAMA VIOLATION115;04C MR. JIM TUTTLE 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 no4urther'action or expense on my part, I accept. responsibility for the violation as, described in the Notice of Violationletter dated. June 3; 2015, and agree to pay the proposed, civil assessment of $554. it DATE ... 1 SIGNATURE 1 ADDRESS 'i 1 TELEPHONE NUMBER ,1 i i i t 3- l= I - 1 400 Commerce Ave., Morehead City, NC 28557 Phone: 252.8M28081FAX-..252-247-3330 Intemet.•www.ncwasWa nanagement.ne.t An Equal 0ppo&mily %Affirmative Action Employer 6A 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 3329 RETURN RECEIPT REQUESTED Mr. Jim Tuttle 221 Channel View Ct Cape Carteret, NC 28584 RE: NOTICE OF VIOLATION AND REQUEST TO CEASE UNAUTHORIZED DEVELOPMENT CAMA VIOLATION #15-04C Dear Mr. Tuttle: This letter confirms that on 05119/2015, Joanne Steinhuis of the Division of Water Resources, Liz Hair of the US Army Corps of Engineers, and Roy Brownlow, Division of Coastal Management, and you met onsite at your property located at 402 J Bell Lane adjacent to Bogue Sound located in or near Newport, Carteret County, North Carolina. The purpose of the visit was to investigate unauthorized development of drain pipe installation associated with an on -site wastewater septic system within the Coastal Shoreline Area of Environmental Concern. This letter also confirms the 05/07/2015 site meeting with the person engaged in doing the work, Mr. Glenn Tillman, Roy Brownlow of Coastal Management and myself. 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.) 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. There was a 10' x 20' area of disturbed area in the coastal wetlands adjacent to Bogue Sound. 400 Commerce Avenue, Morehead City, North Carolina 28557 Phone: 252-808-28081 Internet: www.ncooastalmanagement.net An Equal Opportunity 1 Affirmative Action Employer- Made in part by recycled paper Mr. Jim'Tuttle June 3, 2015 Page 2 of 4 FILE COPY 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. 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-126. 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. The amount assessed will depend upon 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, the activity you have undertaken, the excavation, filling and grading associated with the installation of PVC drain piping in the Estuarine Shoreline AEC and Section 404 Wetlands, and disturbing the coastal wetland substrate is not consistent with Titles 15A NCAC 07H .0205 Coastal Wetlands and 07H .0209 Coastal Shoreline, which prohibits alteration of the marsh substrate and the placement of non -water dependent uses within the 30' of the normal high water of Bogue Sound. Therefore, I am requesting that the coastal wetlands substrate be restored to its pre -development elevation, the PVC piping be removed from the 30' CAMA buffer and installed in accordance with the Carteret County Division of Environmental Health on -site wastewater permit specifications; and the area graded and stabilized to prevent any additional stormwater runoff to the adjacent marsh and waters of Bogue Sound. 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. 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 (252) 808-2808. 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 development that is inconsistent with Coastal Resources Commission rules. 400 Commerce Avenue, Morehead City, North Carolina 28557 Phone: 252-808-28081 Internet: www.nccoastalmanagement.net An Equal Opportunity I Afgrmadve Actlon Employer- Made In pad by recycled paper Mr. Jim Tuttle June 3, 2015 Page 3 of 4 Sinc ely, Heather M. Styron Coastal Management Representative Cc: Roy Brownlow, District Manager, DCM Joann Steinhuis, Division of Water Resources Tyler Crumbley, US Army Corps of Engineers Troy Dees, Carteret County Division of Environmental Health ENCLOSURE 400 Commerce Avenue, Morehead City, North Carolina 28557 Phone: 252-808-28081 Internet: www.necoastalmanagement.net An Equal Opportunity 1 Afflnnative Action Employer- Made In part by recycled paper FILE COPY Mr. Jim'Tuttle June 3, 2015 Page 4 of 4 RESTORATION PLAN For Mr. Jim Tuttle Property CAMA Violation No. 15-04C Property located at 402 J Bell Lane, Carteret County FILE COPY 1. Restore the 10' x 20' disturbed coastal wetlands substrate to its pre -development elevation; 2. The PVC piping is to be removed from the 30' CAMA buffer and installed in accordance with the Carteret County Division of Environmental Health on -site wastewater permit specifications; and 3. The disturbed land area is to be graded and stabilized to prevent any additional stormwater runoff to the adjacent marsh and waters of Bogue Sound. 4. Contact the Division of Coastal Management and U.S. Army Corps of Engineers to obtain the proper permits or authorizations prior to engaging in any other development or land disturbing activity within jurisdictional environmental areas. I, Jim Tuttle, agree to the aforementioned Restoration Plan. I agree to complete this restoration to the satisfaction of the Division of Coastal Management (DCM) by July 3, 2015, 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 assess a civil penalty plus investigative costs against all violations. The amount assessed will depend upon several factors, including the nature and area of the resources that were affected and the extent of the damage to them. If restoration is not undertaken or satisfactorily completed, a substantially higher civil assessment will be levied and an injunction sought to require restoration. 400 Commerce Avenue, Morehead City, North Carolina 28557 Phone: 252-808-28081Internet: www.nccoastalmanagement.net An Equal Opportunity I Mmnadve Action Employer- Made In part by recycled paper Mr. 3, 20ttle ®PV June 3, 2015 Page 4 of 4 RESTORATION" PLAN For. Mr. Jim Tuttle Property , CAMA Violation No.15-04C Property located at 402 J Bell Lane, Carteret County 1. Restore the 10' x 20' disturbed coastal wetlands substrate to its pre -development elevation; 2. The PVC piping is to be removed from the 30` CAMA buffer and installed in accordance" with the Carteret County Division of Environmental Health on -site wastewater permit specifications; and. 3. The disturbed land area is"to be'graded and stabilized to prevent any additional stormwater runoff to the adjacent marsh.and waters of Bogue Sound. 4.1 Contact the Division of Coastal Management .and U.S. Army Corps of Engineer's to obtain the proper permits or authorizations prior to engaging in any other development or land disturbing activity within jurisdictional environmental,areas. I. I, Jim Tuttle, agree to the aforementioned Restoration Plan. a I agree to complete this restoration to the satisfaction of the Division of Coastal Management (DCM) by July 3, 2015, 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. a SIGNATURE: 1 7— DATE: It is the policy of the Coastal Resources Commission'to assess a civil penalty plus investigative costs against all violations. The amount assessed will depend upon several factors, including the nature and area of the resources that were aff8cted and the extent of the damage to them. If restoration' is not undertaken orsatisfectorily completed, a substantially higher civil assessment will be levied andan injunction sought to require restoration. i 400 Commerce'Avenue, Morehead City, North Carolina 28557 Phone: 252-808-2808116temet: www.n=aitalmanagement.net An Equal Opportunity AfRrmaliveAceon Employer— Made in part by recycled paper l Pat McCrory Governor 4 NCDENR North Carolina Department of Environment and Natural Resources NOTICE OF VIOLATION June 3, 2015 CERTIFIED MAIL 70131710 0002 0896 3329 RETURN RECEIPT REQUESTED Mr. Jim Tuttle 221 Channel View Ct Cape Carteret, NC 28584 Donald R. van der Vaart Secretary RE: NOTICE OF VIOLATION AND REQUEST TO CEASE UNAUTHORIZED DEVELOPMENT CAMA VIOLATION #15-04C Dear Mr. Tuttle: This letter confirms that on 05/19/2015, Joanne Steinhuis of the Division of Water Resources, Liz Hair of the US Army Corps of Engineers, and Roy Brownlow, Division of Coastal Management, and you met onsite at your property located at 402 J Bell Lane adjacent to Bogue Sound located in or near Newport, Carteret County, North Carolina. The purpose of the visit was to investigate unauthorized development of drain pipe installation associated with an on -site wastewater septic system within the Coastal Shoreline Area of Environmental Concern. This letter also confirms the 05/07/2015 site meeting with the person engaged in doing the work, Mr. Glenn Tillman, Roy Brownlow of Coastal Management and myself. 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 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. There was a 10' x 20' area of disturbed area in the coastal wetlands adjacent to Bogue Sound. 400 Commerce Avenue, Morehead City, North Carolina 28557 Phone: 252-808-28081 Internet: www.nccoastaimanagement.net An Equal Opportunity 1 Affirmative Action Employer— Made In part by recycled paper Mr. Jim Tuttle June 3, 2015 Page 2 of 4 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. 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-126. 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. The amount assessed will depend upon 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, the activity you have undertaken, the excavation, filling and grading associated with the installation of PVC drain piping in the Estuarine Shoreline AEC and Section 404 Wetlands, and disturbing the coastal wetland substrate is not consistent with Titles 15A NCAC 07H .0205 Coastal Wetlands and 07H .0209 Coastal Shoreline, which prohibits alteration of the marsh substrate and the placement of non -water dependent uses within the 30' of the normal high water of Bogue Sound. Therefore, I am requesting that the coastal wetlands substrate be restored to its pre -development elevation, the PVC piping be removed from the 30' CAMA buffer and installed in accordance with the Carteret County Division of Environmental Health on -site wastewater permit specifications; and the area graded and stabilized to prevent any additional stormwater runoff to the adjacent marsh and waters of Bogue Sound. 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. 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 (252) 808-2808. 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 development that is inconsistent with Coastal Resources Commission rules. 400 Commerce Avenue, Morehead City, North Carolina 28557 Phone: 252.808-2808 \ Internet: www.ncooastaimanagement.net An Equal Opportunity I AlErmative Action Employer- Made in pen by recycled paper ■ Complete items 1, 2, and 3. Also complete Item 4 if Restricted Delivery is desired. ■ Print your nh;ne and address on the reverse so that we can return the card to you. ■ Attach this card to the back of the mailpiece, or on the Knt if space permits. 1. Article Addressed to: ❑ Agent X ❑ Addresser B. ReNkWO by (Printed Nan*,_.`II. Date of Deliver) D. Is delivery address different from item 11 ❑ Yes If YES, enter delivery address below: ❑ No 3. Servke Ty{f �Cartlllad Mao 0 Express Man Replotted ) -Rohn fiecalpt for Mwdwx9M ❑ Insured Mall ❑ C.O.D. 4. Ree4kted Dealer)/! f "Feel O Yea 2. Article Number (transfer from seMce Isbell 7013 1710 0002 0896 3329 g UNITED STATEMPOWRO IW First -Class Mail ABI. '2>�: Postage &Fees Paid USPS 3 -- " 115 Permi No. G-10 • Sender: Please print your name, address, and ZIP+4 in this box N.C. Dmsion of Coastal; Managemenr 400 Commerce Avenue Vorehlad CRY, N.C. 28557 RECEIVED 808-2808 • JUN 0 8 1015 wwwwww I�IIIIIr11���I�l�dIhllllu�IPlblhl�ll�llh�lh�lllluhlih f\ oryour g receipt J neque ident'rfier for your mailpiece I A record of delivery kept by the Postal Service for two years mportanf Reminders: ■ Certified Mail may ONLY be combined with First -Class Mailai Priority Meet ■ Certified Mail is not available for any class of international mail. a NO INSURANCE COVERAGE IS PROVIDED with Certified Mail. Fo valuables, please consider Insured or Registered Mail. I For an additional fee, a Return Receipt maybe requested to provide proof of delivery. To obtain Rehm Receipt service, please complete and attach a Retun Receipt (PS Form 3811) to the article and add applicable postage to cover the fee. Endorse mailpiece'Return Receipt Requested'. To receive a fee waiver foe a duplicate return receipt, a USPSe postmark on your Certified Mail receipt ie required - a For an additional fee, delivery may be restricted to the addressee o addresses's authorized a9ant. Advise the clerk or mark the mailpieoe with the endorsement 'Restricted Delivery'. ■ If a postmark on the Certified Mail receipt is desired, please present the aril cis at the post office for postmarking. If a postmark on the Certified Mai receipt is not needed, detach and affix label with postage and mail. IMPORTANT: Save this receipt and present it when making an Inquiry. PS Form 3800, August 2006 (Reverse) PSN 753G 02-000-9047 ' Postage Certified 1 Fee 3O �J J Posark ndoRehm Receipt Fee 0 Hareem (rs Ersement Required) Restricted DaMry Fee (Endoement Required) Total Postage & Fees I s 10. a, I xnr ra l ' O 7 Bbee4 iAoG lYo:; or PO Bar No. ........ _ .. ....... QK State. Z/Pt4 Y pAr. Jim Tuttle June 3, 2015 Page 3 of 4 Sincerely, Heather M. Styron Coastal Management Representative Cc: Roy Brownlow, District Manager, DCM Joann Steinhuis, Division of Water Resources Tyler Crumbley, US Army Corps of Engineers Troy Dees, Carteret County Division of Environmental Health ENCLOSURE 400 Commerce Avenue, Morehead City, North Carolina 28557 Phone: 252-808-2808 \ Internet: www.nccoastalmanagement.net An Equal Opportunity\ Affirmative Action Employer —Made in part by recycled paper Mr. Jim Tuttle June 3,'2015 Page 4 of 4 RESTORATION PLAN For Mr. Jim Tuttle Property CAMA Violation No.15-04C Property located at 402 J Bell Lane, Carteret County I. Restore the 10' x 20' disturbed coastal wetlands substrate to its pre -development elevation; 2. The PVC piping is to be removed from the 30' CAMA buffer and installed in accordance with the Carteret County Division of Environmental Health on -site wastewater permit specifications; and 3. The disturbed land area is to be graded and stabilized to prevent any additional stormwater runoff to the adjacent marsh and waters of Bogue Sound. 4. Contact the Division of Coastal Management and U.S. Army Corps of Engineers to obtain the proper permits or authorizations prior to engaging in any other development or land disturbing activity within jurisdictional environmental areas. I, Jim Tuttle, agree to the aforementioned Restoration Plan. I agree to complete this restoration to the satisfaction of the Division of Coastal Management (DCM) by July 3, 2015, 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 assess a civil penalty plus investigative costs against all violations. The amount assessed will depend upon several factors, including the nature and area of the resources that were affected and the extentof the damage to them. If restoration is not undertaken or satisfactorily completed, a substantially higher civil assessment will be levied and an injunction sought to require restoration. 400 Commerce Avenue, Morehead City, North Carolina 28557 Phone: 252-808-2808 \ Internet: wvvw.nccoastalmanagement.net An Equal Opportunity I Affirmative Action Employer - Made in part by recycled paper DCM ENFORCEMENT TRACKING REPORT Rep. LPO / ❑ Violation Case No. / 5�7 0 �c, Permit No. (if applicable) Violation Description ' Was activity permittable? Yes / No Initial Discovery Date S / Discovery Method C&PIX-VAv> 1/11? Violation Description 1're'ACA 1O4-,� P(4pe ocsc r; >4,4 rw. IZ& 1yA�k Resbondent Information Prior CAMA or D/F Violations: Yes / o J Prior Case No: ! e J w Respondent Name(s) J/ --Jr p (J C4' /U f %Le QLandowne$Agenf/Contractor) Address 2� r 1*kM41f' (/Ci/ 61¢" City `race C- State VC —,Zip Phone# 9iO - 3ft2 - 7-774f Fax#/Email Corporate Name & Violation Type: Project Type: Authorizations Required: Site Visits Respondent Site Visits Respondent �o Permit E]Q va /Community Major RrCAMA Present Present Permit Condition F1 Govt./Public Minor D&F 's /� ❑' Expired Permit Commercial General ZB/✓^4/ ❑, consistent w/ Rules Tier Level' 1 II III El I] Violation Location and Site Description Project Location: County (Sq1�e F Street Address/ State Road/ Lot #(a) 1�0 Z' , ga&LN Subdivision City ZIP 7-6 Phone # ( ) River Basin Lat/Long 3Y. 74V 97 _76 ,Nrdgy Shoreline Length .Sy SAV: Not Sure Sandbags: Not Sum X., Na PNA: Yam -No- Adjacent ORW: es No Adjacent Ut. Hab. Photos No ® No Adj. Wtr. Body 6Cu.L� S�y�,�,`D na nan /unkn) Waiver. Required --yea—Na- Closest Maj. Maj. Wtr. Body r In DWQ'Buffer Area 4ea—Ne- {g,r,�_ Specify DWG Buffer ifapplicable: ,t//¢ Restoration Extension Grarited Yes No NOV Date / 7r Initial Req. Comp. Date Restoration Letter Acceptance Date CNOV Date Date Comp. Observed Penalty Assessment < iSent to Respondent Date %/� WI I App./Permit I Rcvd. by Dist. Mgr. Date Penalty Assessment Extended Yes No Willful/Intent. �Iw"tit Y � wuuuuuiy IINPgt q � � Q IIO I� - I%" Investi alive k wvul luIN -V PQ '1 N 7J.0409 Ref. Recomm. Assess. DCM Assess. 2 D $ O� $ O $ (i` $ $ $ S a0 $ $ Total Y 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 Q 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 ES PTS OEA HHF IH WA SA DS CJ SY JR LS TY PWS: FC: ss Sc SP IF 'BF 404 Other: o2 W . Restoration Required by the Respondent e / No Dimensions in excess of permit/ unauthorized activities Dimensions to restore Final dimensions allowed Actually restored Development Activfttes .. .- .. "-- - • . "" I �- � ✓ Z �. .Habitat Descriptlon _ ...... _.... _. :...... Fdiw B aoD 1. o f44cr zaWa NOTES: W OrA kc- .ice. C.-- . / .___ / • S A i__ _ r/..4,Ly i 111 _ -/9c7- -77//An — Closing Payment Received $ Date Date Case Closed M ConnectGlS Feature Report Page I of I N^'FCTGIS '.vEs NOSIINO Printed June 03, 2015 See Below for Disclaimer Address Points • Parcels - Updated 05/21/2015 El Centerlines NNCC Railroad Right of Way CCoounty Boundary Other County <all other val ues> Cart PIN Acreage Parcel Dimensions Lot Number 6Jr5�v { ,\1i Total Length: 499.48 Feet ' ', 4206.98 Sq. Feet or.t Acres +E a ` or Sy. Miles 1 : 50Feee information displayed by this website is prepared for the inventory of real property found within thisjurisdiction and is compiled from recorded deeds, plats, and oth lic records and data. Users of this information are hereby notified that the aforementioned public primary information sources should be consulted for verification information contained on this site. Carteret County assumes no legal responsibility for the information contained on this site. Carteret County does not guarantee th data and map services will be available to users without interruption or error. Furthermore, Carteret County may modify or remove map services and access methods http://carteret.connectgis.com/DownloadFile.ashx?i=_ags map9697b39c7de649188fb48bad... 6/3/2015 ConnectGIS Feature Report Page 1 of 2 1011111M KON EUGIS Carte, 'A'7f Printed June Ol, 015 WEB HOSTING See Below for Disclaimer Qr(� vecols Address Points 0 Parcels - Updated 05/21/2015 Centerlines NC Railroad Right of Way 13 County Boundary PIN " Acreage r� -� Parcel Dimensions 02M, Lot Number 14 1 :57 Feet 'Q (a X ZO QA) D 1 SL(U any. http://carteret.connectgis.com/DownloadFile.ashx?i=_ags_mapf5525f9231 aa40e59aa01 e33... 6/1/2015 ConnectGIS Feature Report Page 2 of 2 0015 BROAD/GALES CK FIRE OBJECTID PDOT 45494 8296 MOTHER PRID 0 15029DO106 OWNER DEED BOOK TUTTLE WATERFRONT PRPRTIES LLC 1385 CURRENT DEED DATE SALE PRICE 20110913 99000 STRUCTURE VALUE CITHER VALUE 0 0 MAILING ADDRESS HOUSE ' MAILING ADDRESS DIRECTION MAILING ADDRESS CITY CAPE CARTERET MAILING ADDRESS PO BOX NEIGHBORHOOD CODE RESCUE DISTRICT 150003 BR/GALES CK RESCUE TOTAL ACRES YEAR BUILT 0.429 0 R 0 HOUSE NUMBER (7 Digits) STREET NAME 0000402 J BELL CITY TOTAL VALUE NEW PORT 273571 RISK LEVEL NOISE LEVEL a OBJECTID 1 55924 CONDO NUMBER PIMS 630503428296000 DEED PAGE 374 LAND VALUE 273571 YEAR CONDO BUILT 0 MAILING ADDRESS STREET CHANNEL VIEW COURT MAILING ADDRESS STATE NC CITY LIMIT LEGAL DESCRIPTION W T GUTHRIE LAND NC 24 TOTAL SOUARE FEET 0 BEDROOMS 0 STREET TYPE LN aicuz he information displayed by this website is prepared for the inventory of real property found within this jurisdiction and is compiled from recorded deeds, plats, and othe ublic records and data. Users of this information are hereby notified that the aforementioned public primary information sources should be consultedfor verification o he information contained on this site. Carteret County assumes no legal responsibility for the information contained on this site. Carteret County does not guarantee the he data and map services will be available to users without interruption or error. Furthermore, Carteret County may modify or remove map services and access methods a http://carteret.connectgis.com/DownloadFile.ashx?i=_ags_mapf5525f923 I aa40e59aa0I e33... 6/1 /2015 Mr. Jim Tuttle June 3, 2015 Page 4 of 4 RESTORATION PLAN For Mr. Jim Tuttle Property CAMA Violation No. 15-04C Property located at 402 J Bell Lane, Carteret County 1. Restore the 10' x 20' disturbed coastal wetlands substrate to its pre -development elevation; 2. The PVC piping is to be removed from the 30' CAMA buffer and installed in accordance with the Carteret County Division of Environmental Health on -site wastewater permit specifications; and 3. The disturbed land area is to be graded and stabilized to prevent any additional stormwater runoff to the adjacent marsh and waters of Bogue Sound. 4. Contact the Division of Coastal Management and U.S. Army Corps of Engineers to obtain the proper permits or authorizations prior to engaging in any other development or land disturbing activity within jurisdictional environmental areas. RECEIVED I, Jim Tuttle, agree to the aforementioned Restoration Plan. """ Li!`. I agree to complete this restoration to the satisfaction of the Division of Coastal Management (DCM) by July 3, 2015, 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: \ q 10 3� .' `l DATE: It is the policy of the Coastal Resources Commission to assess a civil penalty plus investigative costs against all violations. The amount assessed will depend upon several factors, including the nature and area of the resources that were affected and the extent of the damage to them. If restoration is not undertaken or satisfactorily completed, a substantially higher civil assessment will be levied and an injunction sought to require restoration. 400 Commerce Avenue, Morehead City, North Carolina 28557 Phone: 252-808-2808 \ Internet: www.nccoastalmanagement.net An Equal Opportunity I Aff rmadve Action Employer- Made In part by recycled paper