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HomeMy WebLinkAbout13-03C VoutsinasII North Pat McCrory, Governor Mike Voutsinas 608 Heron Lane Stella, NC 28582 NCDENR Carolina Department of Environment and Natural Division of Coastal Management Braxton C. Davis, Director May 17, 2013 Resources John E. Skvarla III, Secretary RE: Payment of Proposed Penalty for Violations of the Coastal Area Management Act Onslow County CAMA Violation #13.03C Dear Mr. Voutsinas: This letter will acknowledge receipt of your Check #1221, in the amount of $477, and dated 5/17/2013. 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, (252) 808-2808. ' rely, Roy Brownlow District Manager cc: M. Ted Tyndall, Assistant Director Ryan Davnenport, Coastal Management Representative 400 Commerce Avenue, Morehead City, North Carolina 28557 - Phone: 252-808-28081 FAX: 252-247-33301 Internet: www.nccoastalmanagement.net An Equal Opportunity 1 Affirmative Action Employer-50% Recycled 110% Post Consumer Paper Ms, Mike Voutsinas April 29, 2013 Page 3 of 3 CAMA VIOLATION #13.03C MR. MIKE VOUTSINAS 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 $477 against me for violation of the Coastal Area Management Act, NCGS 113A-100 et seq, committed on or near property located at 608 Heron Lane in Onslow 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 02/22/2013, and agree to pay the proposed civil assessment of $477. -5 - 17 -ams DATE SIGNATURE fie _, 2 � ADDRESS XIL -,2 52 _` /2- C/6/. TELEPHONE NUMBER 400 Commerce Ave., Morehead City, NC 28557 Phone: 252-808-28081 FAX: 252-247-3330 Internet: www.nccoastaimanagement.net An Equal Opportunity 1 Affirmative Action Employer 0 Sender: Please print your name, address, and ZIP+4 in this box * RECEFIMD N.C. Division of Coast... — _,,,,.;'gig 400 Commerce AvenuEMAY 0 3 2013 Morehead City, N.C. 28557 808-2808 DCMMMCffy ■ Complete items 1, 2, and 3. Also complete A. Sig, re item 4 if Restricted Delivery is desired. ❑ Agent ■ Print your name and address on the reverse X ❑ Addressee so that we can return the card to you. B. Received by (qf Neme) C. Date of Delivery Attach this card to the back of the mailpiece, eo 3 or on the front if space permits. D. Is delivery address different from Item 1? ❑ Yee 1. Article Addressed to: If YES, enter delivery address below: ❑ No ►-ke' �kku-CS (Qag Qagn- "tA, L Article Number (Transfer from service label) 'S Form 3811, February 2004 3. Services Type Certtfietl Mall ❑Express Mail ❑ Registered 0-ge—turn Receipt for Merchandise ❑ Insured Mall ❑ C.O.D. 4. Restricted Delivery? (Exoe Feel ❑ Yea 7009 1410 0001 5954 0310 Domestic Return Receipt 102595-02-M-15Q j NCDENR North Carolina Department of Environment and Division of Coastal Management Pat McCory Braxton C. Davis Governor Director April 29, 2013 CERTIFIED MAIL 70091410 0001 5954 0310 RETURN RECEIPT REQUESTED Mr. Mike Voutsinas 608 Heron Lane Stella, NC 28582 RE: CAMA VIOLATION #13-03C Dear Mr. Voutsinas: Natural Resources John E. Skvarla III Secretary This letter is in reference to the Notice of Violation dated 02/22/2013 that Mr. Ryan Davenport, representative for the Division of Coastal Management, issued to you for unauthorized development by enlarging an existing dock at 608 Heron Lane, Onslow County. The violation involved Estuarine Waters and Public Trust Area, which are Areas of Environmental Concern designated by the Coastal Resources Commission. 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 $450 plus and investigative fee of $27; therefore a total proposed civil penalty amount of $477 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 $477 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.nocoastalmanagement.net An Equal Opportunity 1 ARrmative Action Employer Mr. Mike Voutsinas April 29; 2013 Page 2 of 3 .a 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 ext 217. Sincerely, Roy Brownlow District Manager Division of Coastal Management Enclosures cc: M. Ted Tyndall, Assistant Director, DCM Ryan Davenport, Coastal Management Representative, DCM 400 Commerce Ave., Morehead City, NC 28557 Phone: 252-808-28081 FAX: 252-2473330 Internet: www.naroastalmanagement.net An Equal Opwiunity 1 AlfirmaWe Action Employer i Certified Mail Provides: ■ A mailing receipt ■ A unique identifier for your mailpiece ■ A record of delivery kept by the Postal Service for two years enpartant Reminders: Is Certified Mail may ONLY be combined with First -Class Mail, or Priority Mail®. is Certified Mail is not available for any class of international mail. is NO INSURANCE COVERAGE IS PROVIDED with Cerfi e2I,, 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 Receipt (PS Form 3811) to the article and add applicable postage to cover the fee. Endorse mailpiece'Retum Receipt Requested'. To receive a fee waiver for a duplicate return receipt, a USPSe 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 mailpiace with the endorsement 'Restricted Delivery'. ■ If a postmark on the Certified Mail receipt is desired, please present the arti- cle at the post office for postmarking. If a postmark on the Certified Mall 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 3e00. August 2006 (Reverse) PSN 7530.02-000-e 7 U.S. Postal Service., CERTIFIED MAIL.,., RECEIPT (Domestic Mail Only: No Insurance Coverage Provided) For delivery information visit our "l site at PS Form 3800, August 2006 See Reverse for Instructions , Mr. Mike Voutsinas April 29, 2013 Page 3 of 3 CAMA VIOLATION #13-03C MR. MIKE VOUTSINAS 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 $477 against me for violation of the Coastal Area Management Act, NCGS 113A-100 et seq, committed on or near property located at 608 Heron Lane in Onslow County, North Carolina. In order to resolve this matter with no further action or expense on my part, 1 accept responsibility for the violation as described in the Notice of Violation letter dated 02/22/2013, and agree to pay the proposed civil assessment of $477. DATE SIGNATURE ADDRESS TELEPHONE NUMBER 400 Commerce Ave., Morehead City, NC 28557 Phone: 252-808-28081 FAX: 252-247-3330 Internet: www.nocoastalmanagement.net An Equal opportunity 1 Affirmalive Action Employer Mr. Mike Voutsinas April 29, 2013 Page 3 of 3 CAMA VIOLATION #13.03C MR. MIKE VOUTSINAS 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 $477 against me for violation of the Coastal Area Management Act, NCGS 113A-100 et seq, committed on or near property located at 608 Heron Lane in Onslow 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 02/22/2013, and agree to pay the proposed civil assessment of $477. DATE SIGNATURE ADDRESS TELEPHONE NUMBER 400 Commerce Ave., Morehead City, NC 28557 Phone: 252-808-28081 FAX: 252-247-3330 Intemet: www.nocoastaimanagement.net An Equal Opportunity 1 AfirmaMe Action Employer North Carolina Pat McCrory Governor CERTIFIED MAIL 7007 3500 0002 3324 8539 RETURN RECEIPT REQUESTED Mr. Mike Voutsinas 608 Herron Ln. Stella, NC 28582 ti4 � m HCOR IR Department of Environment and Division of Coastal Management Braxton C. Davis Director NOTICE OF VIOLATION 2/22/13 Natural Resources RE: NOTICE OF VIOLATION AND REQUEST TO CEASE UNAUTHORIZED DEVELOPMENT CAMA VIOLATION #13-03C Dear Mr. Voutsinas: John E. Skvarla, III Secretary This letter confirms that on 2/18/13, 1 was onsite at your property located at 608 Herron Ln. adjacent to the White Oak River located near Stella, Onslow County, North Carolina. The purpose of the visit was to investigate the construction of an unauthorized dock extension. 4 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 the construction of a 6'X10' extension to the North side of an existing dock. The unauthorized dock extension extends into the riparian corridor of JAMSV LLC. This activity took place in Estuarine Waters and Public Trust Area that is contiguous with the White Oak River. Estuarine Waters and Public Trust Areas are designated as Areas of Environmental Concern (AEC). No CAMA 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 development and contact me about this matter. 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 $10,000. An injunction or criminal penalty may also be sought to enforce any violation in accordance with N.C.G.S.113A-126. It is the policy of the Coastal Resources Commission to assess a civil penalty plus investigative costs against all violations. This is done to recoup some of the costs of investigating the violation and/or to compensate the public for any damage to its natural resources. The amount assessed will depend upon several factors, including the nature and area of the resources that were affected and the extent of the damage to them. 400 Commerce Ave., Morehead City, NC 28557 Phone: 252-808-28081 FAX: 252-2473330 Internet: www.nccoastaimariagernent.net An Equal Opportunity \Affirmative Action Employer ■ Complete items 1, 2, and 3. Also complete a Signature item 4 if Restricted Delivery is desired. X ■ Print your name and address on the reverse so that we can return the card to you. B. Received by ( Printed Name) ■ Attach this card to the back of the maflpleoe, or on the front If space permits. 1. Article Addressed to: m . to D$ cs4wN\0. , 0C- a$58a ❑ Agent C. Date of Delivery D. Is delivery address different from hem 11 L1 yes If YES, enter delivery address below: ❑ No 3. Service Type ECertitlad Mail ❑ Express Mail ❑ Registered J213etum Receipt for Merchandls, � ❑ Insured Mail ❑ C.O.D. 111111 4. Restricted Delivery! (Extra Fee) ❑ yes 2. Article Number 7011 3500 0002 3324 8539 (minerer hum service fah PS Form 3811, February 2OD4 Domestic Return Receipt UNITED STATES POSTAL SERVICE First -Class Mail Postage & Fees Paid USPS Permit No. G-10 • Sender: Please print your name, address, and ZIP+4 in this box N.C. Division of Coastal N'ianagsm2 It 400 Comm.orce Avenue Morehead City, t4.C. 28557 8CB-2808 Posage I s Certified Fee Pos a* Retum RecalPt Fee (Endorsement Raqulred) Here Restricted DeMery Fee (Endorsement Required) Total Postage & Fees y l0 l PS Form 388a. August 2086 •, ' Srr Reverse for Insnudinns Certified Mail Provides: ■ Amailing receipt ■ A unique identifier for your mailpiece ■ A record of delivery kept by the Postal Service for two years Important Reminders: ■ Certified Mail may ONLY be combined with Flist-Class Mail® or Priority Mail®, Is Certified Mail is not available for any class of international mail. at NO INSURANCE COVERAGE IS PROVIDED with Certified Mail. For valuables, please consider Insured or Registered Mail. Is For an additional fee, a Return Receipt may be requested to provide proof of delivery. To obtain Rehm Receipt service, please complete antl attach a Return Receipt (PS Form 3811) to the article and add applicable postage to cover the fee. Enddoorse mailpiece"Return Receipt Requested". To receive a fee waiver for a duplWte 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 agant. 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 arti- cle at the post office for postmarking. If a postmark on the Certified Mail receipt is, of 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 7MQa02Uoo-eot7 Based upon the North Carolina Administrative Code, Title 15A, Subchapter 07H. State Guidelines for Areas of Environmental Concern, the activity you have undertaken, the construction of a 6'X10' dock within the riparian corridor of JAMSV LLC, is not consistent with the Use Standards for Section 07H. Therefore, I am requesting that the unauthorized 6110' dock extension be removed or obtain written permission from JAMSV, LLC allowing the new docking area to remain within Its riparian cooridor. The enclosed Restoration Plan describes the action necessary to bring this project into compliance with the Act. 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 (252) 808-2808 Ex 210. 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. C� --7!!!! - Davenport Management Representative Cc: Roy Brownlow, District Manager, DCM Barry Guthrie, Field Representative, DCM ENCLOSURE TIER II 400 Commerce Ave., Morehead City, NC 28557 Phone: 252-808-28081 FAX: 252-247-3330 Internet: www.nccoastalmanagement.net An Equal Opportunity \ Affirmative Action Employer RESTORATION PLAN For Mr. Mike Voutsinas Property CAMA Violation No. 13-03C Property located at 608 Herron Ln., Onslow County [U�nauthorized 6'X10' dock section to be removed or obtain tten pemission from JAMSV, LLC for it to remain. I, Mr. Mike Voutsinas, agree to remove the unauthorized 6'X10' dock extension or obtain written permission from JAMSV, LLC. allowing the new docking area to remain. I agree to complete this restoration to the satisfaction of the Division of Coastal Management (DCM) by 3/19113, 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 Ave., Morehead City, NC 28557 Phone: 252-808-28081 FAX: 252-247-3330 Internet: www.nocoastalmanagement.net An Equal Opportunity l Affirmative Action Employer DCM ENF RCEMENT TRACKING REPORT Issu O� C� �1 Field Rep. , ` G� �� V Violation Base No. LPO D `I A B C LPl OAJ ,/ Cu Violated Permit No. (it applicable) Violation Descript on Was activity permittable? Yes / N Initial Discovery Date �(2 Discovery Method_ o✓ L J'A p r Violation Description�rtow►�toviZer9 C-a_ick n_1____ Respondent Information r or V olatigns in same AEC: Yes 10 Case Number -01 '1 J Respondent Name(s) v I uuu I Yl a J (Landowneent/Contracctor)) r7Address Vyi'ter-ru-, `^ City a a' State.,�/���-Zipnt�spto�y Phone #�Sl G - Fax # Email Violation Type: 2r No Permit r Permit Condition Ll Expired Permit 'Inconsistent w/ Rules Project Type: Private/Community ❑ Govt./Public El Commercial Authorizations Required: .Major `K CAMA ❑ Minor n D&F LJ General Site Visits Respondent Site Visits Respondent Present Present p �0 /� Lam' __ -- ❑ Violation Location and Site Desc iption Rover File Project Location: County DVIfy t',J Shoreline Length __ UU Street Address/ StateRco�ad/ L t #(s)—�-- _ _ G C9 e f?, Yn 1��1 City qii Phone # (_) River Basin CIAN1414,04,(c _ Adj. Wtr. Body6701man Jupknl_ Closest Maj. Wtr. Body 61210 SAV: Not Sure Yes Sandbags: Not Sure Yes 1�`oJ7t PNA: Yes No Adjacent ORW: Yes ® Adjacent Crit. Hab. Yes �o Photos (? No Waiver Required Yes In DWQ Buffer Area Yes Restoration Extension Granted Yes No NOV Date Initial Req. Comp. Date Restoration Letter CNOV Date Date Comp. Observed _ Acceptance Date Penalty Assessment Sent to Respondent Date _ A PP'/Permit Fee _ Rcvd, by Dist. Mgr. Date ___ Penalty Assessment Extended Yes No Willful/intent. Continuing Other IAIIJ 71.0409 Ref. Recomm. Assess. DCM Assess. (y tJ S iDo $ of SU Is — s -- $ S S 1 kr is a� $ Total N r Formal Assessments, Appeals and Reductions Date Long Form Submitted Date Formal CPA Submitted Final Assessment Attorney General's Office for Injunction or Formal Collection Date sent to AG Assessment Appealed Yes No L Penalty modified Respondent not responsive to penalty/NOV I_'. Injunction to complete restoration Date Collection Let. Sent — Date Demand Let. Sent — -- Violation Activities and Impacts AECs Affected: Wetlands Impacted? Yes No If yes, which types: CW EW PT ES PTS SA DS Cl SY 1R LS TY OEA F IH SS SC SP -404 PWS: FC: Other: Restoration Required by the Respondent Yes No Dimensions in excess of permit/ unauthorized activities Dimensions to restore Final dimensions allowed Actually restored Develo ment fctivities =Deswcr�ip�tiion NOTES: I ( Closing Payment Received $_-- -- mate— — Date Case Closed IMPORTANT MMM/MIli WHILE YOU WERE OUT T of nJ kt� AA kO (J� Phone I_I 4 z r2 1) V\q ov�yAREA CODF�/NUMBER EXTENSION �S�]2 ✓ l0� 1/31 �n TELEPHONED PLEASE CALL CALLED TO SEE YOU WILL CALL AGAIN WANTS TO SEE YOU URGENT RETURNED YOUR CALL N.C. Dept. of Environment, Health, and Natural ources `Qv u� Prinve on nttyded Paper M Owner of Property: Address ! Location of COMPLAINANT INFORMATION Name of Complainant: Mailing Address: Phone Number: Division of Coastal Management COMPLAINT INVESTIGATION FORM II0 /1-1( e-Mail: v ,�)r�ha> ICC Ul&40f No Name Given: K Complaint Delivered By: )( Phone Letter E-mail In Person Date Received: �12 Time: 16 : 0d Received By Whom: Referred To: �_ FINDINGS q _ No Violation (Investigation Closed and Complainant Notified) DATE INVESTIGATED: 1In TAFF PERSON CONDUCTING INVESTIGATION: TYPE OF VIOLATION (if . applicable): '! Violation Found Major Dredge & Fill Minor /i I / COMMENTS: f7 �16 � 0 �� 1) 0r lam✓ o ele List Agency(s) and Contact(s): NOV Issued By: NOV CASE #: 2. 3. NC DCM REP. LPO Was Complainant Notified of Findings: _ Yes t>/ No Complainant Notified By: _ Letter _ E-mail _ Phone Date Complainant Notified: ,X J Disclaimer- Onslow County provides this CIS data as a public service. NO WANrtANTY for the availability or accuracy Is provided. Printed:Feb 12, 2013 Y s L / l4nvrt } �; D-i -04 fir.. �, r •�-.. �--::r• feet, 200 meters 60 ` r ..A 7 L r �♦ ! r1� i d . W 77 09'31.68" W 77 09'5.76T '" W 77'08'39 84" W 7 13..2"'� - "nne.Ln - N34;43':19+2" 'r k. I mmommommmom v � . Ir Me [oluki At IF r NCDENR North Carolina Department of Environment and Natural Resources Division of Coastal Management Pat McCrory Governor CERTIFIED MAIL 7007 3500 0002 3324 8539 RETURN RECEIPT REQUESTED Mr. Mike Voutsinas 608 Herron Ln. Stella, NC 28582 Braxton C. Davis John E. Skvarla, II Director Secretary NOTICE OF VIOLATION ' 2/19/13 RE: NOTICE OF VIOLATION AND REQUEST TO CEASE UNAUTHORIZED DEVELOPMENT CAMA VIOLATION #13-03C Dear Mr. Voutsinas: This letter confirms that on 2/18/13, 1 was onsite at your property located at 608 Herron Ln. adjacent to the White Oak River located near Stella, Onslow County, North Carolina. The purpose of the visit was to investigate the construction of an unauthorized dock extension. 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. e cry I have info Pion that i icates you have undertaken or are legally responsible for the construction of a 6'X10' extension to,in existing V dock. Theudoc xtension extends into the riparian corridor of JAMSV LLC. This activity took place in Estuarine Waters and Public Trust Area that is contiguous with the White Oak River. Estuarine Z'ters and Public Trust Areas are designated as Areas of Environmental Concern (AEC). No CAMA 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 development and contact me about this matter. A civil assessment of up to $10,000 plus investigative costs maybe 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. 400 Commerce Ave., Morehead City, NC 28557 Phone: 252-808-28081 FAX: 252-247-3330 Internet: www.nocoastalmanagement.net An Equal opportunity 1 Affinnabve Action Employer -Based upon the North Carolina Administrative Code, Title 15A, Subchapter 07H. State Guidelines for Areas of Environmental Concern, the activity you have undertaken, the construction of a 6'X10' dock within the riparian corridor of JAMSV LLC, is not consistent with the Use Standards for Section 07H. Therefore, I am requesting that the�'�6,'X10' dock extension be removedaor obtain written permission from JAMSV LLC allowing the new docking area to remaiVNew 1 The enclosed Restoration Plan describes the action necessary to bring this project into compliance with the Act. 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. ems- Zld Thank you for your time and coope bon in resolving this important matter. If you have any questions about this or related matters, please call me at (252) 808-280 'Upon completion of the restoration as requested in the Restoration Plan Agreement to the satisfaction of the Division of Co�tal 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. Sincerely, J. Ryan Davenport Coastal Management Representative Cc: Roy Brownlow, District Manager, DCM Barry Guthrie, Field Representative, DCM ENCLOSURE TIER II 400 Commerce Ave., Morehead City, NC 28557 Phone: 252-808-28081 FAX: 252-247-3330 Internet: www.ncooastalmanagement.net An Equal Opportunity 1 Atllrmallve AdOon Em&)w RESTORATION PLAN For IV Mr. Mike Voutsinas Property CAMA Violation No. 13-03C Property locatWat 608 Herron Ln., Onslow County 6'X10' dock section to be removed or obtain written permission from JAMSV, LLC for it to remain. White Oak River I' I, Mr. Mike Voutsinas, agree to remove the16'X10' dock extension or obtain written permission from JAMSVfLLC� allowing the new docking area to remain. p I agree to complete this restoration to the satisfaction of the Division of Coastal Management (DCM) by 3/19/13, 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 Ave., Morehead City, NC 28557 Phone: 252-M-28081 FAX: 252-2473330 Internet: www.necoastaimanagement.net An Equal Opportunity 1 Affirmative Action Employer