Press Alt + R to read the document text or Alt + P to download or print.
This document contains no pages.
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