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Home My WebLink About05-27C Willis Truckingdos-,Ci North Carolina Department of Environment and Natural Resources Division of Coastal Management Michael F. Easley, Governor Charles S. Jones, Director William G. Ross Jr., Secretary NOTICE OF VIOLATION July 21, 2005 CERTIFIED MAIL RETURN RECEIPT REQUESTED Willis Trucking clo Phillip Willis 22215 NC Hwy 55 Oriental, NC 28571 RE: NOTICE OF VIOLATION AND REQUEST TO CEASE UNAUTHORIZED DEVELOPMENT CAMA VIOLATION #05-27C Dear Mr. Willis: This letter confirms that on July 12, 2005, 1 was onsite at Shareheart Development, LLC's property located at 264 Neuse Village Road, adjacent to the Neuse River, near Oriental, in Pamlico County, North Carolina. The purpose of the site visit was to investigate unauthorized development on the aforementioned property. Information gathered by me for the Division of Coastal Management indicates that your actions as contractor for Shareheart Development, LLC are 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 pursuant to the North Carolina General Statutes (N.C.G.S.) 113A-118. I have information that indicates you have undertaken or are legally responsible for the placement of approximately 210' of riprap and the disturbance of approximately 2.0 acres on the aforementioned property. This activity took place within the Estuarine Shoreline that is contiguous with the Neuse River. The Estuarine Shoreline is designated as an Area of Environmental Concern (AEC). No permit was issued to you for work in this area. Based on these findings, I am initiating an enforcement action by issuing this Notice of Violation for violation of the Coastal Area Management Act. I request that you immediately CEASE AND DESIST any further unauthorized activities within designated Areas of Environmental Concern. A civil assessment of up to $2,500 may be assessed against any violator. Each day that the development described in this Notice is continued or repeated may constitute a 400 Commerce Avenue, Morehead City, North Carolina 28557 Phone: 252-808-2808 \ FAX: 252-247-3330 \ Internet: www.nccoastaimanagement.net An Equal Opportunity \ Affirmative Action Employer — 50% Recycled \ 10% Post Consumer Paper Willis Trucking Notice of Violation -July 21, 2005 Page 2 separate violation that is subject to an additional assessment of $2,500. 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 minimum civil penalty $200 against all violations of this type. This is done to recoup some of the costs of investigating the violation and/or to compensate the public for any damage to its natural resources. Whether a higher amount will be assessed will depend on several factors, including the nature and area of the resources that were affected and the extent of the damage to them. Since this is your first documented offense as a contractor in this designated Area of Environmental Concern, there will be no assessment levied against you in accordance with the North Carolina Administrative Code, Title 15A, Subchapter 7J.0409(f)(4)(F)(i). However, if you continue to violate the Coastal Area Management Act, you should consider yourself forewarned and expect a civil assessment to be levied against you consistent with the North Carolina Administrative Code, Title 15A, Subchapter 7J, Section .0409, as adopted by the Coastal Resources Commission. 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 about these important matters. Sincerely, Q Stephen Lane Coastal Management Representative cc:01 i 09 go 61 'Wistant Director, DCM Tere Barrett, District Manager, DCM -Roy Brownlowi*ompliance Coordinator, DCM Raleigh Bland, Major Permit Coordinator, USACE Skip Lee, LPO, Pamlico County DCM ENF Field Rep. -PO LPJ f jc6 RCEMENT TRACKING REPORT L, — Issuer C Violation Base No A B C D Violated Permit No. N (if applicable) Violation Description Was activity permittable? es / No Initial Discovery Date 7-%tr Discovery Method r(^^�)Y�- Violation Description G( ,cj cywc , 3 Respondent Information Prior Violations in same AEC: Yes / N Case Number os�L� c -F1 RespondentName(s) W1,P& lFe-1<"3 (Landowner/Agen ontracto Address c/b pwll/P N �~y rr City 0� `,4`f State N C- Zip a �/ Phone # C_, ) � o1, 0 313 Fax # Email Violation Type: Project Type: Authorizations Required: Site Visits Respondent Site Visits Respondent No Permi Private/Community Major MA CA 1_oJ' Present Present �' AJ6 Permit Condition Govt./Public Minor D&F -7-0-0Y A/o Expired Permit Commercial General Inconsistent wl Rules Violation Location and Site Description Project Location: County fat, I/(° Street Address/Stateoad/Lot#(s) 6.1 Subdivision — City 4,,,,,1-`, prc. ZIP 2 8r/U Phone # ( ) River Basin Adj. Wtr. Body Ne- z• R IV— (nat man /unkn) Closest Maj. Wtr. Body giv` Restoration y NOV Date yAf `% J-f Initial Req. Comp. Date CNOV Date Date Comp. Observed Penalty Assessment 710409 Ref. Sent to Respondent Date App•/Permit Fee (f)oMW Rcvd. by Dist. Mgr. Date Penalty Assessment Extended Yes No Willful/Intent. Continuing Other Total Rover File 14 o — ;?- r Shoreline Length SAM Not Sure Yes Sandbags: Not Sure Yes !!lN---. PNA: Yes o Adjacent ORW: Yes o Adjacent Crit. Hab. No Photos [Yews G No Waiver Required Q In DWQ Buffer Area ,Y�es (9 No Extension Granted Yes No Restoration Letter Acceptance Date Recomm. Assess. $ NIA $ $ jV/Gk $ $ 5 $ f!/k $ DCM Assess. 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 Injunction to complete restoration Date Collection Let. Sent Date Demand Let. Sent Violation Activities and Impacts AECs Affected: Wetlands Impacted? Yes / Vo If yes, which types: CW EW PTA ES PTS OEA HHF IH SA DS 1R LS TY SP SS SC SP 404 PWS: FC: Other: Restoration Required by the Respondent Yes / No 4 Dimensions in excess Dimensions to restore Final dimensions Actually restored of permit/ unauthorized activities allowed Development Activities Habitat Description FilMIM Closing Payment Received $ Date Date Case Closed-712/-d S� ■ Complete items 1, 2, and 3. Also complete item 4 if Restricted Delivery is desired. ■ Print your name 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 front If space permits. 1 1. Article Addressed to: Willis Trucking UJr"a7 L C/o Phillip Willis 22215 NC Hwy 55 Oriental, NC 28571 C by ( Printed Name) Is delivery address different from item 1? U yes If YES, enter delivery address below: ❑ No 3. Service Type ❑ Certified Mall ❑ Express Mail ❑ Registered ❑ Return Receipt for Merchandise ❑ Insured Mail ❑ C.O.D. 4. Resit"ed Delivery? (Extra Fee) ❑ Yes 12. ArdobNWAW 7004 2890 0003 8041 9892 pMwOom ar 1-hi 4 PS Form 3811, Febill 2004 oornestk: Return ReoNpt I )2595e2WlW I UNITED STATES POSTAL SERVICE Vb I II I Perrnft SPS FiMail Postage rst-ClassNG-10 Fees Paid • Sender. Please print your name, address, and ZIP+4 in this box N.C. Division of Coastal Management 400 Commerce Avenue Morehead City, N.C. 28557 808-2808 ammmnnmimimmmnnnmirmimmie Certified Mail Provides: esa ael zaozeunr ones vue�sa • A mailing receipt ■ A unique identifier for your mailplece • A record of delivery kept by the Postal Service for two years ImportanilReminders. ■ Certified Mail may ONLY be combined with First -Class Mail® or Priority Mail•. ■ Certified Mail is not available for any class of international mail. is NO INJURANCE COVERAGE IS PROVIDED with Certified 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 antl 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 USPS® 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 mailpiece with the endorsement 'Restricted Delivery'. is 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 not needed, detach and affix label with postage and mail. IMPORTANT: Save this receipt and present it when making an Inquiry. Internet access to delivery information is not available on mall addressed to APOs and FPOs. ruIr , •. o 0FFICIAL U Postage S m �Ln O Cenif od FeeL-2. C3 Retem Receipt Fee vim! P (Endorsement Repalre0) � r C3 'r Restticte0 Delivery Fee A .O (EnOorsement RA.I d, N Total Postage 8 Feea ,$ S o f TO Willis Trucking U I Z 7� -so-eecaon C/o Phillip Willis q cry. P-°Box". 22215 NC Hwy 55 smre,: Oriental NC 28571