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Home My WebLink About17-14C Bobby Cahoon Constructionr'r Coastal Management ENVIRONMENTAL QUALITY CERTIFIED MAIL 70161370 0002 3225 3314 RETURN RECEIPT REQUESTED November 7, 2017 Bobby Cahoon Construction Inc. attn: Bobby Cahoon 6003 Neuse Road Grantsboro, NC 28529 ROY COOPER Govemor MICHAEL S REGAN Secretary BRAXTON DAVIS Director RE. STOP WORK ORDER AND NOTICE OF FAILURE TO APPLYFOR CAMA PERMIT CASE #17-14C Dear Mr. Cahoon: This letter confirms that on November 2, 2017,1 was onsite at Burton Farm Development Company's property .located at Lot 287 Needle Rush Court adjacent to Mill Creek located in Arapahoe, Pamlico County, North Carolina. The purpose of the visit was to investigate unauthorized development of a bulkhead and retaining wall 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 et seq. Information gathered by me shows that Bobby Cahoon Construction is undertaking, or is legally responsible for; development including the construction of a bulkhead and retaining wall on the aforementioned property, and that no CAMA Permit has been issued for this development activity. Thisactivity is taking place in Public Trust Area as designated by the NC Coastal Resources Commission and that is contiguous with Bogue Sound. Bobby Cahoon Construction is hereby ordered to STOP WORK IMMEDIATELY and file the necessary application with this office for a CAMA Permit by November 24, 2017. NO WORK MAY PROCEED UNTIL THE PERMIT IS ISSUED. If Bobby Cahoon 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 Bobby Cahoon 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 TD Eure Marine Construction 8/24/17 Page 2 of 2 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 Bobby Cahoon Construction. If Bobby Cahoon 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. Brad Connell Coastal Management Representative Cc: Roy Brownlow, District Manager, DCM Anthony Scarbraugh, DWR Tier 1 DCM ENFORCEMENT TRACKING REPORT :ield Rep. Is Pi L'x :ompliance Rep..13 /� LPO ❑ LPJ Violation Description Initial Discovery Date Prior Discovery Method or D/F Violation Case No. ! — /3 C, `r r / - / / C Permit No. � —06 (if applicable) Was activity permiffable7Kes-0No CO Prior Case No RespondentNName(s) Q UEfye4yJyfflFAJ LA tLandowt:W/Agent/Contractor) Address Po City( /(- -U; rState �ip� Violation Type: Project Type: Authorizations Required: Site Visits Respondent Site Visits Respondent F1 No Permit Permit Condition Major �f vate/Community� Govt./Public ❑ Minor �CAMA ❑ D&F Present I ❑ Present ❑ ❑ Expired Permit ❑ Commercial ❑ General ❑ ❑ ❑ Inconsistent w/ Rules Tier Level II III ❑ ❑ Violation Location and Site Descri tion Lat/Long _ //��,, Project Location: County LSD % f 000 Shoreline Length Street Address/ State Road/ Lot #(s) SAV: Not sure . " ve No Sandbags: Not sure Ves o Subdivision PNA: Yes Adjacent ORW: Yes o Adjacent City '�I��li�'A� np- ZIP Crit. Hab. Phone # ( River Basin New Photos _) ' Adj. Wtr. Body �-Y� n /man /unkn) Waiver RequiredClosest gtxe—L Maj. Wtr. Body fAA; VP �' In DWO Buffer AreaSpecify DWO Buffer if app NOV Date CNOV Date Penalty Assessment Sent to Respondent Date Rcvd. by Dist. Mgr. Date Assessment Extended Initial Req. Comp. Date Date Comp. Observed App./Permit Fee Penalty Yes No Willful/Intent. Continuing Investigative Extension Granted Restoration Letter Acceptance Date Yes No 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/NOV 7 Injunction to complete restoration Date Collection Letter Sent Date Demand Letter Sent Violation Activities and Impacts AECs Affected: Wetlands Impacted? Ye / No CW EW PTA oes i OEA HHF IH BA N/A SA IDS CJ SY JR PWS: FC: SS sc SP IF BF Other: Restoration Required by the Respondent Y / No Dimensions in excess Dimensions to restore Final dimensions of permit( unauthorized activities allowed If yes, which types: LS TY 404 Actually restored Development Activities Habitat Description - NOTES: Closing Payment Received $ Date Date Case Closed ■ Complete items 1, 2, and 3. ■ 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 maiipiece, or on the front if space permits. 1. Article Addressed to: got C� Ca t46 �a IIIIIIII I'I IIIIIIIIIIII III III I'll IIIII 9590 9402 1529 5362 7368 83 2. Article Number (Transfer from service labeq 7016 1370 0002 3225 3314 11 Agent X I12 p01 �t l^ ❑ Addressee B. Received y dntad Name) lcboro,, X�d C. Date of Delivery l/-al-(� D. Is delivery address different from hem 11 ❑ Yes If YES, enter delivery address below: ❑ No f�q 1 3. Service Type ❑ Adult Signature ❑ Agyft Signature Restricted Delivery ❑ Priority Mail Express® ❑ Registeed MailTM ❑ Registered Mail Restricted ❑ Certified Mail Restricted Delivery '-netum Rerx>Ipt for ❑ Collect on Delivery MerchaMae ❑ Collect on Delivery ResVkted Delivery O Signature Confenallc.. ❑ Immid Mal D Signature Confirmation 1 Insureds Me; Restricted Delivery Restricted Delivery United States Nov 2 7 DCM- MHb First -Class Mail Postage 8 Fees Paid USPS Permit No. G-10 your name, D N.r✓, Division of ul) 1.1i jAanagement 400 CnMmerCe rrrtinue ATY Morehead CI?y. [: I 28's51 soy 2seF" ri m m " m rU Certified Mal Fee fU $ m &be Nicess ee (f bm, hemmpvpleta) ru ❑a max.ivt (� +mnic) $ Postmark G ❑c ffi a Mai P mctm oeiivay $ Here G ❑na.n sywiNe Paquiree $ ❑no.rt si•awm Ae..+ Wi $ p Postage M1 $ ATotal PmW99 a Fees .A Sent Ta O Sireei nPi Nti.; Son Fk...-"..-.-.----�5.""""""""__.___.._. M1 Certified Mail service provides the following benefits: • A receipt (this portion of the Certified Mall label). for an electronic return receipt, see a Ransil • A unique identifier for your mailpiece. associate for assistance. To recelvW duplicate • Electronic verification of delivery m attempted reborn receipt for no additional fee, present this delivery. USPSO-postmarked Certified Mail receipt to the • A record adelivery (including the recipient's retail associate. signature) that is retained by the Postal Serves" - Restricted delivery service, which provicts for a specified period. delivery to the addressee specified by name,a to the addressees authorized agent. 6npdrfantAtertllRders: -Adult signature service, which requires the • You may purchase Cerbi Mail service with signee to be at least 21 years of age (not H l-Class Male, First -Class Package Service*, available at retail). or Priority Mal* service, - Adult signature restricted delivery service, which •Certified Mail service is not available for requires the sign¢ to be at least 21 years of age Iaemational mail. and provides delivery to the addressee specified • Insurance coverage is notavailable fa purchase by time, or to the addressee's authorizetl agent with Certified Mail service. However, the purchase (not avallable at retail). of Certified Mail service does cot change the To ensure that your Cerlded Mail recelpta insurance coverage automatically included with accepted as legal proof of mailing, it should bear a certain Priority Mail items. USPS postmark. 0 you would like a pandrmak on • For an additional fee, and with a proper this Certified Mail receipt, please present your endorsement on the mailpiece, you may request Certified Mail ltem at a Post Office" for the following services: postmarking. it you don't need a postmark on this - Return receipt carves, which provides a record Certified Mail receipt, detach the barcoded portion of delivery (Including the reclplem's signature). of this label, affix it to the mailpiece, apply You can request a hardcopy return receipt OF An appropriate postage, and deposit the mailpiece. electronic version. For a hardcopy return receipt, complete PS Form 3811, Oomesaa Return Receipt attach PS Form 3811 to your mailpiece; IMPORTANT: Save this eceipt for your records. PS Forth 3800, April 2015 (Rev*r*e) PSN 75101