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HomeMy WebLinkAbout17-07C Bogue Banks Marine ConstructionCoasta(Management ENVIRONMENTAL QUALITY CERTIFIED MAIL 70161370 0002 3225 3260 August 25, 2017 Bogue Banks Marine Construction Attn: Derrick Smith 111 Turners Dairy Road Morehead City, NC 28557 ROY COOPER G".mor MICHAEL S REGAN Semia y BRAXTON DAVIS Dir dor RE: STOP WORK ORDER AND NOTICE OF FAILURE TO APPLY FOR CAMA PERMIT CASE #17-07C Dear Mr. Smith: This letter confirms that on August 24, 2017, 1 was onsite at Mr. William Brown's property located at 534 Pelican Drive West adjacent to Bogue Sound located in Pine Knoll Shores, Carteret County, North Carolina. The purpose of the visit was to investigate unauthorized development of a pier within the Estuarine Waters 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 et seq. Information gathered by me shows that Bogue Banks Marine Construction is undertaking, or is legally responsible for, development including the construction of a pier 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 Bogue Sound. Bogue Banks Marine Construction is hereby ordered to STOP WORK IMMEDIATELY and file the necessary application with this office for a CAMA Permit by September 24, 2017. NO WORK MAY PROCEED UNTIL THE PERMIT IS ISSUED. If Bogue Banks Marine Construction complies 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 Bogue Banks Marine Construction 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 Banks Marine Construction. i Bogue Banks Marine Construction 8/25/17 Page 2 of 2 If Bogue Banks Marine Construction continues to violate the CAMA, please be forewarned that a civil penalty may be levied 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 C��(�(� �r"�� Brad Connell Coastal Management Representative Cc: Roy Brownlow, District Manager, DCM Jim Taylor, Local Permit Officer, Town of Pine Knoll Shores Tier 1 USPSTRACIWC# 9590 9402 2060 6132 6966 34 United States Postal Service RECEIW-- SEP 01 201i IIIIII First -Class Mail •?ostage 9, Fees Paid USPS Permit No. G-10 • Sender. Please print your name, address, and ZIP+4® in this box• [ r'' YYpp f �,4l. UI4r�futi is vl VvG.�trt�{ IVIC4f A�N1:11eill F�grrehOad 0j, N.C. `28557 803-2808 I DCM— MHCs ■ Complete Items 1, 2, and 3. ■ Print your name and address on the reverse so that we can return the card to you. W Attach this card to the back of the mailpiece, or on the front If space Dermhs. 1. /VOGIeIbOR) W; e. 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