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HomeMy WebLinkAbout14-08C McMahanCOUNCIL George W. Ballou, Mayor Pro Tern Demus L, Thompson William F. Taylor Diane C. Warrender Harvey N. Walker, Jr. Hand Delivered Mr. Tom McMahan 154 Junebug Lane Beaufort, NC 28516 �\�/,{�( j�jl���IyVj�Ij�j�j 7�I�yV TI'j�I' jI1�PiIry�l�"y Gerald A. Jones, Jr., Mayor d'1 O �1E11 Ji 11dA1L1' CITY ll Jones, e't' JJ'�r4 -NORTH CAROLINA o � 706Arendell Streel s,� r Morehead City, North Carolina 28557-4234 e TEL (252) 726-6848 He, ta5 FAX (252) 726-2267 - David S. Whitlow www.moreheadcily.nc.gov City Manager November 14, 2014 RE: STOP WORK ORDER AND NOTICE OF FAILURE TO APPLY FOR CAMA PERMIT CAMA MINOR VIOLATION #14.08C Dear Mr. McMahan: This letter is in reference to our onsite November 12, 2014 meeting at Mr. White's property at 200, 207, and 209 Oaksmith Blvd, in Morehead City, Carteret County, North Carolina; The purpose of the onsite meeting was to investigate unauthorized development at 207 Oaksmith Boulevard in the Area of Environmental Concern (AEC). A CAMA Minor Development Permit (14-14) was issued for 200 and 209 Oaksmith Boulevard, Information gathered by me shows that your actions as contractor for Mr. H. Glenn White at 207 Oaksmith Boulevard are in violation of the Coastal Area Management Act (CAMA). No person may undertake minor development in a designated Area of Environmental Concern without first obtaining a permit from the North Carolina Department of Environment and Natural Resources, North Carolina General Statutes (N,C.G.S.) 113A-118. I have information that you have undertaken, or are legally responsible for, minor development including grading, fill, and construction on the aforementioned property. This activity took place in an Estuarine Shoreline that is contiguous with the Bogue Sound. Estuarine Shoreline areas are designated as Area(s) of Environmental Concern (AEC). You are hereby requested to STOP WORK IMMEDIATELY at 207 Oaksmith Boulevard. The property owner or authorized agent must file the necessary application with this office for a CAMA Minor Development Permit or permit modification by December 14, 20% NO WORK MAY PROCEED UNTIL THE PERMIT IS ISSUED OR MODIFIED, 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 ADA/EOE/P Equal Opportunity Employer Provider O'Mahony November 14, 2014 Page 2 of 2 the Act and you may be subject to civil and/or criminal penalties as provided by North Carolina General Statute (NCGS) 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 $1,000. An injunction or criminal penalty may also be sought to enforce any violation in accordance with NCGS 113A- 126. Since this is your first documented offense, there will be no assessment levied against you. 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. 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 about these important matters Sincerely, Patrick O'Mahony Local Permit Officer Cc: Roy Brownlow, District Manager & Compliance Coordinator, DCM Ryan Davenport, District Compliance and Enforcement Representative, DCM