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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 t-I =e. Ir ru rU Certified Mail Fee m E m Services & Fees lcl'eck Wx, add /eaav arxaPttaal ❑Realmllmwpt(hmdcopy) $ Q❑Return Racelpl lel«rvpn�q $ Postmark ❑c Macl Mail Restncledoei." $ Hem0 ❑nauM1 SignaNre R�uirH $ �Aduq&gnalum RasOicled C wi 5 p Postage M1 g MTotal Postage and Fees .L G N Certified Mail service provides the following benefits: • A receipt (this ponion of the Certified Mail label), for an electronic return receipt, see a retall •A unique identher for your mailpiece associate for assistance. To receive a duplicate • Electronic verification of delivery or attempted reNm receipt for n0 addifi0nal fee, present this delivery. USPS®-postmarked Certified Mail receipt to the • A record of delivery (including Me recipient's retail associate. signature) that is retained by the Poslzl Service' - Restricted tlellvery service, which provide' for a stachetl period. deliverytofheaddresseespecifietlbyname,or to the addressee's authorized agent. Important Reminders: - Adut signature service, wnich requires the • You may purchase Certified Mail service with signee to be at least 21 years of age (not Frst-Class Mil First Class Package Service°, available of retail). or Priority Maile service. -Adult signature restritled deliveryservice,whlch • Certified Mail service is notavailable for requires the signeeto be of leasl2l years of age irdemational mail, and provides delivery to the addressee specified • Insurance coverage is notavailable for purchase by name, or to the addressee's authorized agent with Certified Mail service. However, Me purchase (not available at retail). r of CerBfied Mail service does not change the • To ensure that your Cenied Mail receipt is insurance coverage automatically included with accepted as legal proof of mailing, it sh0uld bear certain Priority Mail items. USPS postmark. If you would likeapostmark an • For an addifional fee, and with a proper this Central Mail receipt, Pieria Wesent your endorsement on the mailpiece. you may request Certified Mall item ata Post Office"for Vie following services postrnarldng. if you don't need a postmark on this - Return receipt service, which provides a record Certified Mail receipt, detach the balmotled portion ofdellvery(including the recipient's signature). of this label, affix it to the ma➢plece, apply You can request a hardcopy return receipt or an appropriate postage, and deposit the mailpiece. electronic version. For a hardcopy, rectum receipt, complete PS Form 3811, Domestic Rehm Receiptattach PS Form 3811 to your mailpiece, IMPORTANT: Save this recelpt far your records. P$ Form 3800, Fpn12015 (Reverse) PSN 7530 02 000 9047 q—) ■ 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. Article Addressed to: ❑ Agent ❑ Addresses B. i d pY (Printed Name) � at Delivery D. 1a delivery address different from item 17 u Ye: If YES, enter delivery address below: ❑ No 3. Service Type .certified Mail® ❑ Ph 'ty Mail Fxpress' ❑ Registered eturn Receipt for Merchandise ❑ Insured Mall ❑ Collect on Delivery 4. Restricted Delivery? (Extra Fee) ❑ Yes 2. 7016 1370 0002 3225 3291 PS Form 3811, July 2013 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 Gazst":i, management "400 Commute Avenue {omhead City. IN I acjw RECEIVE 808-28C" NOV 06 2017 ZAA i "at-) C - Ivr- AAHL -, 'I'II�ulnllrl�lil'IIIuIIr1�IdIr1lrirlillrlrllrlllr�Irintlrir