HomeMy WebLinkAbout17-11C Bogue Sound Septic00 �3-
ROY COOPER
Gowmor
MICHAEL S. REGAN
Secretary
BRAXTON DAVIS
D/recror
Coastal Management
ENVIRONMENTAL QUALITY
October 31, 2017
CERTIFIED MAIL
RETURN RECEIPT REQUESTED
Bogue Sound Septic, Inc.
c/o Mr. Ricky Taylor
178 W. Hilltop Dr.
Newport, NC 28570
RE: STOP WORK ORDER AND NOTICE OF FAILURE TO APPLY FOR CAMA PERMIT
CASE #17-11C
Dear Mr. Taylor:
This letter confirms that on 10/17/17, 1 was onsite at Herman Tant's property located at 187 Pettiford Park
Circle adjacent to Pettiford Creek located in Peletier, Carteret County, North Carolina. The purpose of the
visit was to investigate unauthorized placement of riprap rock material within the Estuarine Shoreline,
Estuarine Waters and Public Trust Area of Environmental Concern contiguous with Pettiford Creek. These
areas are designated as Areas of Environmental Concern (AEC) by the Coastal Resources Commission. 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 et seq.
Information gathered by me shows that Bogue Sound Septic, Inc.'s actions as contractor for Mr. Herman
Tant are in violation of the CAMA by undertaking development by the placement of riprap on the
aforementioned property without a CAMA Permit being issued for this development activity.
Bogue Sound Septic, Inc. is hereby ordered to STOP WORK IMMEDIATELY on this project. No other work
in any AEC may continue until a CAMA Permit is obtained for this project. If you comply voluntarily, no further
action will be necessary beyond the issuance of a permit.
As contractor for this project, continuation of work after receipt of this Notice may constitute a violation of the
Act and Bogue Sound Septic, Inc. 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 Bogue Sound Septic, Inc.
State of Noah Carolina I Fnvimmnental Quality l Coastal h1magement
400 Commerce Ave I Morehead City, NC 28557
252 808 2808
Bogue Sound Septic, Inc.
10/31/2017
Page 2 of 2
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.
Since ely,
stal Management Representative
Cc: Tracey Barnes, Carteret County LPO
State of North Carolina I Environmental Quality I Coastal Management
400 Commerce Ave I Morehead City, NC 28557
252 808 2808
DCM ENFORCEMENT TRACKING REPORT
����� IasU2L
(Field Rep. 2( / �t�r uy � Violation Case
Rep.
c
Violation Description
Initial Discovery Date �, () '"1 "� Discovery Method U Violation Description vlC
Permit No.
❑ (if applicable)
Was
;11-
Respondent Information . Prior CAMP, -or D/F Violajpns: Yes g/ , grior, Case NV. ,
Respond
Address
Phone #
Fax
/ No
Violation Type:
Project Type:
Authorizations Required:
Site Visits Respondent
Site Visits Respondent
5RJ�-`No Permit
❑ Permit Condition
❑ Private/Community
❑ Govt./Public
❑ Major �CAMA
Minor D&F
( Present
/t I7TI ,
O ❑
Present
❑
❑ Expired Permit
❑ Commercial
General
❑
❑
❑ Inconsistent w/ Rules
Tier Levu II
III
❑
❑
Violation Location and Site Descrjption
Project Location: County CCy
Street Address/ State �oad/Lot #(s).
Subdivisio
City Ye ZIP
Phone # ( _) River Basin r O-<—.
Adj. Wtr. Body r ( -✓; C 'C C. n an/unkn
Closest Maj. Wtr. Body
NOV Date 11 .3 11 7
CNOV Date
Penalty Assessment
Sent to Respondent Date
Rcvd. by Dist. Mgr. Date
Assessment Extended Yes No
Initial Req. Comp. Date
Date Comp. Observed
App./Permit Fee
Penalty
Lat/Long
G U
Shoreline Length /
SAV: Not Sure
Yes
r,.-,
Sandbags: Not Sure
Yes
6
PNA:
Yes
Adjacent
/Nt �--
ORW:
Yes
4J ol Adjacent
Crit. Had.
Yes
CN�,
Photos
Yes
0V
Waiver Required
Yes
In DWQ Buffer Area
Yes
/w/-
M6
Specify DWQ Buffer if applicable:
Extension Granted Yes No
Restoration Letter
Acceptance Date
7J.0409 Ref.
Recomm. Assess.
DCM Assess.
$
$
$
$
Q
$
$
(�
$
$
$
$
Total
Formal Assessments, Appeals and Reductiods
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
Date Collection Letter Sent
Respondent not responsive to penalty/NOV ❑ Injunction to complete restoration
Date Demand Letter Sent
Violation Activities and Impacts
AECs Affected: (/+�
O A Wl+� Z TUBA N/A
PWS: FC:
Other:
Restoration Required by the Respondent Yes / No
Wetlands Impacted? Y No
SA DS cJ SY
SS SC SP IF
If yes, which types:
JR LS TY
BF 404
Dimensions in excess
of permit/ unauthorized activities
Dimensions to restore
Final dimensions
allowed
Actually restored
Development Activities
GU r.
Habitat Description'
NOTES:
Closing
Payment Received $ Date Date Case Closed
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N.C. Division of Gazst":i, management
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{omhead City. IN I acjw RECEIVE
808-28C" NOV 06 2017
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