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HomeMy WebLinkAbout17-12C MilesROY COOPER Gowmor MICHAEL S REGAN Secretary Coastal Management BRAXTON DAVIS ENVIRONMENTAL QUALITY _ Dh=tor CERTIFIED MAIL 70161370 0002 3225 3307 RETURN RECEIPT REQUESTED November 7, 2017 Rodney Miles 1160 Stable Road Concord, NC 28025 RE: STOP WORK ORDER AND NOTICE OF FAILURE TO APPLY FOR CAMA PERMIT CASE #17-12C Dear Mr. Mlles: This letter confirms that on October 26, 2017,1 was onsite at your property located at 798 Berrys Creek Road adjacent to the Neuse River located in Merrimon, Carteret County, North Carolina. The purpose of the visit was to investigate unauthorized, development of a gazebo and deck within the Coastal Shoreline Area of Environmental Concern. No person may undertake development in a designated Area of Environmental Concern without first obtaining a permit in accordance with the Coastal Area Management Act (CAMA); North Carolina General Statutes (N.C.G.S.) §113A-100 at seq. Information gathered by me shows that you are undertaking, or are legally responsible for, development including the construction of a gazebo and deck on the aforementioned property, and that no CAMA Permit has been issued for this development activity. This activity is taking place in Public Trust Area as designated by the NC Coastal Resources Commission and that is contiguous with the Neuse River. You are hereby ordered to STOP WORK IMMEDIATELY and file the necessary application with the Carteret County Planning and Development office for CAMA Permit by December 24, 2017. NO WORK MAY PROCEED UNTIL THE PERMIT IS ISSUED. If you comply voluntarily, no further action will be necessary beyond the issuance of a permit. Failure to file an application or continuation of work after receipt of this Notice may constitute a violation of the Act and you may be subject to civil and/or criminal penalties as provided by N.C.G.S. §113A-126. 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. In this case, there will be no assessment levied against you. Miles 11/7/17 Page 2 of 2 If you continue to violate the CAMA, you should consider yourself forewarned and expect a civil penalty 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. Thank you for your time and cooperation in resolving this important matter. 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 STOP WORK ORDER has been complied with. I request that you contact me immediately. Sincerely, 0616771-4 Brad Connell Coastal Management Representative Cc: Roy Brownlow, District Manager, DCM Chris Jones, Local Permit Officer, Carteret County Tier 1 44 DCM ENFORCEMENT TRACKING REPORT pp,��, /� Is su f 7— / � C Rep. 9'h, a lm ,,, I / Violation Case No. ;ompliance Rep. �'t ry ,n Pig El No. LPO 014 (if applicable) � LPJ Violation Description Was activity permittable? Yes / No Initial Discovery Date Violation Description or D/F Violations: Yes Respondent Name(s) Address / I/l,/p /S--gblPp�p��� 14 City �/)��___ State Zip�`O� Phone # %�'i f0 fJ' O /0r74/ Fax #/Email Corporate Name & Registered agent Violation Type: Project Type: Authorizations Required: Site Visits Respondent Site Visits Respondent //////������❑"'''' �No Permit �, Private/Community ❑ Major � CAMA Present J O �r Present Permit Condition j❑`' Govt./Public Minor ❑ D&F �(p ❑ ❑ Expired Permit ❑ Commercial ❑ General ❑ ❑ ❑ Inconsistent w/ Rules Tier Level:0 II III ❑ ❑ Violation Location and Site Description 1 _II,D oLong Project Location: County �� �P/ 1 Shoreline 1 Shoreline Length � ©O Street Address/ State Road/ Lot #(s) SAV: Not Sure Yes NNNo� Sandbags: Not Sure Yes rwy Subdivision PNA: Yes ep Adjacent ORW: Yes Adjacent City two ZIP �/ Crit. Hab. Yes Phone # ( _) �t /1 River Basin / 1 I pA,(_ sCi Photos Yes IS Adj. Wtr. Body P-IF n /man /unkn Waiver Required Yes "No• Closest Maj. Wlr. Body I f l�Ln In DWQ Buffer Area as No Specify DWQ Buffer if applicable: Pi) Restoration Extension Granted Yes No NOV Date Initial Req. Comp. Date CNOV Date Penalty Assessment Sent to Respondent Date Rcvd. by Dist. Mgr. Date Assessment Extended Yes Date Comp. Observed App./Permit Fee Penalty No Willful/Intent. Continuing Investigative Restoration Letter Acceptance Date 7J.0409 Ref. Recomm. Assess. DCM Assess. Total 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/NOVFJ Injunction to complete restoration Date Collection Letter Sent Date Demand Letter Sent Violation Activities and Impacts AECs Affected: Wetlands Impacted? Ye / No If yes, which types: CW EW PTA (JES PT OEA HHF IH N/A SA DS CJ SY JR LS TY PWS: FC: ss SC SP IF BF 404 Other: Restoration Required by the Respondent Y / No Dimensions in excess Dimensions to restore Final dimensions Actually restored of permit/ unauthorized activities allowed y Development Activities Habitat Description NOTES: Closing Payment Received $ Date Date Case Closed Certified Mail service provides the following benefits: • A receipt (this portion of the Certified Mall label). for an electronic realm receipt, see a recall •Aunique identifier for your mailplece. associate for assistance. To receive a duplicate • Electronic verification of delivery or attempted return receipt for no additional fee, present this delivery. 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