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Home My WebLink About05-36C FureyNorth Carolina Michael F. Easley, Governor October 14, 2005 Sean & Deborah Furey P O Box 474 177 Button Gut Rd Oriental, NC 28571 NCDENR Department of Environment and Natural Resources Division of Coastal Management Charles S. Jones, Director William G. Ross Jr., Secretary RE: Payment of Proposed Penalty for Violations of the Coastal Area Management Act, Committed in Pamlico County CAMA Violation #05-36C Dear Mr. Furey: This letter will acknowledge receipt of your money order #08980579181, in the amount of $350.00, and dated October 12, 2005. Once the amount of the money order is credited to the Department of Environment and Natural Resources' account, this matter will be fully and completely closed. If you have any further questions concerning this matter, please contact me at my Morehead City office, (252) 808-2808. Sincerely, re� Tere Barrett District Manager TB/lsb cc: Roy Brownlow, Compliance Coordinator Ted Tyndall, Asst. Director Stephen Lane, Coastal Management Rep. Raleigh Bland, COE 400 Commerce Avenue, Morehead City, North Carolina 28557 Phone: 252-808-28081 FAX: 252-247-33301 Internet: www.nccoastalmanagement.net An Equal Opportunity 1 Affirmative Action Employer— 50% Recycled 110% Post Consumer Paper $ean and Deborah Furey October 4, 2005 Page 2 of 2 CAMA VIOLATION #05-36C AGREEMENT TO PAY PROPOSED CIVIL ASSESSMENT I understand that the staff of the Department of Environment and Natural Resources will propose the assessment of a civil penalty in the amount of $350 against me for violation of the Coastal Area Management Act, NCGS 113A-100 et sec , committed on my property at 177 Button Gut Road, near Oriental, Pamlico County, North Carolina. In order to resolve this matter with no further action or expense on my part, I accept responsibility for the violation as described in the Notice of Violation letter dated 10/03/05, and agree to pay the proposed civil assessment of $350. .zz2-,a- wC DATE AD,PRESS Q cGLsLC y 6 TELEPHONE NUMBER NCDENR North Carolina Department of Environment and Natural Resources Division of Coastal Management Michael F. Easley, Governor Charles S. Jones, Director William G. Ross Jr., Secretary NOTICE OF VIOLATION / October 3, 2005 LSB �7Y�1�R CERTIFIED MAIL T13 R_Bv RETURN RECEIPT REQUESTED —Por—MTT Sean and Deborah Furey P.O. Box 474 Oriental, NC 28571 RE: NOTICE OF VIOLATION AND REQUEST TO CEASE UNAUTHORIZED DEVELOPMENT CAMA VIOLATION #05-36C Dear Mr. and Mrs. Furey This letter confirms that on September 30, 2005, 1 was onsite at your property located at 177 Button Gut Road, adjacent to Broad Creek located near Oriental, off SR1320, Pamlico County, North Carolina. The purpose of the visit was to authorize the development of a boat lift within Broad Creek. Information gathered by me for the Division of Coastal Management indicates that you have undertaken major development in violation of the Coastal Area Management Act (CAMA). No person may undertake major development in a designated Area of Environmental Concern (AEC) without first obtaining a permit from the North Carolina Department of Environment and Natural Resources. This requirement is imposed by North Carolina General Statute (N.C.G.S.)113A-118. I have information that indicates you have undertaken or are legally responsible for the conversion of a 13' x 24' boat house into a 13' x 24' platform with gazebo connecting to the existing 10' x 24' on the aforementioned property. The total decked area was increased from the authorized 240 square foot to 552 square foot, requiring review under the major permit process. This activity took place over the Public Trust Area and Estuarine Waters that are contiguous with Broad Creek. The Public Trust Area and Estuarine Waters are designated as Areas of Environmental Concern (AEC). No permit was issued to you for work in this area. Based on these findings, I am initiating an enforcement action by issuing this Notice of Violation for violation of the Coastal Area Management Act. I request that you immediately CEASE AND DESIST any further unauthorized activities within designated Areas of Environmental Concern. A civil assessment of up to $2,500 may be assessed against any violator. 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 up to $2,500. An injunction or criminal penalty may also be sought to enforce any violation (N.C.G.S.113A-126). It is the policy of the Coastal Resources Commission to levy a minimum civil assessment of $350 not to exceed $2,500 against all violations of this type. This is done to recoup some of the costs of investigating violations and/or to compensate the public for any damage to its natural resources. Whether a higher amount will be assessed depends 400 Commerce Avenue, Morehead City, North Carolina 28557 Phone: 252-808-28081 FAX: 252-247-33301 Internet: www.necoastalmanagement.net An Equal Opportunity 1 Affirmative Action Employer — 50% Recycled 110% Post Consumer Paper Mr. and Mrs. Sean Furey Notice of Violation — October 3, 2005 Page 2 on several factors, including the nature and area of the resources that were affected and the extent of the damage to them. Based upon review of the Coastal Area Management Act, Coastal Resource Commission's rules, and the local jurisdiction's Land Use Plan, the activity you have undertaken appears consistent with the guidelines for Areas of Environmental Concern. Therefore, restoration of the impacted area is not requested at this time. Thank you for your time and cooperation in resolving this important matter. If you have any questions about this or related matters, please call me at (252) 808-2808, Upon my submission of an enforcement report to the District Manager, you will be notified as to the amount of a civil assessment for undertaking development without first obtaining the proper permits. 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 REQUEST TO CEASE AND DESIST has been complied with. I request that you contact me immediately about these important matters. Sincerely, .,� Stephen Lane Coastal Management Representative Cc: Ted Tyndall, Assistant Director, DCM Tere Barrett, District Manager, DCM Roy Brownlow, Compliance Coordinator, DCM Raleigh Bland, Major Permit Coordinator, USACE Skip Lee, LPO, Pamlico County DCM ENFORCEMENT TRACKING REPORT L / l - Issuer p - '3 b C Field Rep. �% /��--- "'"� Violation Base No. ✓ LPO r f/� A B C D ico Violated Permit No. LPJ Q� M (if applicable) Violation Description Was activity permittable? es / No r.Jf�'rfi Initial Discovery Date `j'3—Of f, Discovery Method S �y Violation Description G^ �.7 "ay "" r is X Respondent Information Prior Violations in same AEC: Yes / No Case Number 0r-7s c _01 RespondentName(s) -,r,, �L°"� F" andowner gent/Contractor) Address db q7q City D✓1w 1 State /V� Zip Phone # Tti a'yq 49 Fax # Email Violation Type: Project Type: Authorizations Required: Site Visits Respondent Site Visits Respondent oPermit rival Community CAM ?oyr Present Present e mitCondition Govt./Public Minor D&F Expired Permit Commercial General Inconsistent wl Rules Violation Location and Site Description Project Location: County 9A I )r Street Adf-7s7late-� Lots Subdivision City 6r1�^' /V ZIP �7/ Phone # ( ) River Basi 1 P"� Adj. Wtr. Body JN'�°h �fi �� USG Oman /unkn) Closest Maj. Wtr. Body Rover File /no 9 yo Shoreline Length ? SAV: Not Sure Yes No Sandbags: Not Sure Yes 0 PNA: ORW: Crit. Hab. Photos Waiver Required In DWQ Buffer Area Yes No Adjacent Yes (N Adjacent Yes No Yes kN. Yes Yes Restoration �o "3� J, Extension Granted Yes No NOV Date Initial Req. Comp. Date Restoration Letter CNOV Date Date Comp. Observed Acceptance Date Penalty Assessment 71.0409Ref. Recomm. Assess. DCM Assess. Sent to Respondent Date App./Permit Fee �¢)(VA) (A) $ Xi0 0 $ Penalty (xv) $ ) 0 $ Rcvd. by Dist. Mgr. Date Assessment Extended Yes No Willful/Intent. $ $ Continuing $ $ Other $ $ Total '-rD Formal Assessments, Appeals and Reductions Date Long Form Submitted Assessment Appealed Yes Nc 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 Injunction to complete restoration Date Collection Let. Sent Date Demand Let. Sent Violation Activities and Impacts AECs Affected: Wetlands Impacted? Yes /(R) If yes, which types: CW EW PTA ES PTS OEA F SA DS CI SY 1R LS TY SS SC SP 404 PWS: FC: Other: Restoration Required by the Respondent Yes / No 4 Dimensions in excess Dimensions to restore Final dimensions Actually restored of permit/ unauthorized activities allowed Development Activities Habitat Description NOTES: Closing Payment Received $ Date Date Case Closed 0� TB Fes' B AIA yy��_L N RB NCDENR M TT North Carolina Department of Environment and Natural Resources Division of Coastal Management Michael F. Easley, Governor Charles S. Jones, Director William G. Ross Jr., Secretary CERTIFIED MAIL October 4, 2005 RETURN RECEIPT REQUESTED Sean and Deborah Furey P.O. Box 474 Oriental, NC 28571 RE: CAMA VIOLATION #05.36C Dear Mr. and Mrs. Furey: This letter is in reference to the Notice of Violation dated 10/03/05 that Mr. Stephen Lane, representative forthe Division of Coastal Management, issued to you for the construction of a 13' x 24' deck addition to the existing 10' x 24' deck at 177 Button Gut Road, adjacent to Broad Creek near Oriental, Pamlico County. The violation involved Estuarine Waters and Public Trust Areas, which are Areas of Environmental Concern designated by the Coastal Resources Commission. Because the development is consistent with applicable use standards and guidelines, no restoration was requested by the Division of Coastal Management. The Coastal Area Management Act provides that a civil assessment of up to $2,500 may be assessed for any violation. It is the policy of the Coastal Resources Commission to assess a civil penalty for all violations in order to recover some of the costs of investigating violations and/or to compensate the public for any damage to its natural resources. Under the rules of the Coastal Resource Commission, a civil penalty in the amount of $350 is appropriate for this violation. You may expeditiously resolve this matter prior to the assessment of a formal civil penalty by accepting responsibility for the violation and paying the amount proposed above. In orderto do this, you must: (1) sign one of the attached copies of an "Agreement to Pay Civil Assessment;" (2) attach a check or money orderfor $350 made payable to the North Carolina Department of Environment and Natural Resources (NCDENR); and, (3) return the signed agreement and payment to this office in the enclosed, self-addressed envelope within ten (10) days of your receipt of this letter. Upon deposit of your check in the Department's account, you will receive a Notice of Compliance officially closing this enforcement action. If you do not send a signed agreement and payment to this office within ten (10) days, the Director of the Division of Coastal Management will formally assess a civil penalty against you. You will then have the opportunity to request a hearing on the penalty or request remission of the penalty. Thank you for your time and cooperation in resolving this important matter. If you have any questions, please do not hesitate to contact me at (252) 808-2808. Sincerely, Tere arrett District Manager, MHC Enclosures cc: Ted Tyndall, DCM Roy Brownlow, DCM Stephen Lane, DCM 151-B Hwy. 24, Hestron Plaza II, Morehead City, North Carolina 28557 Phone: 252-808.2808 \ FAX: 252-247-3330 \ Internet: www.nccoastaimanagement.net An Equal Opportunity \ Affirmative Action Employer -50% Recycled \ 10% Post Consumer Paper Sean and Deborah Furey October 4, 2005 Page 2 of 2 CAMA VIOLATION #0536C AGREEMENT TO PAY PROPOSED CIVIL ASSESSMENT I understand that the staff of the Department of Environment and Natural Resources will propose the assessment of a civil penalty in the amount of $350 against me for violation of the Coastal Area Management Act, NCGS 113A-100 et seg, committed on my property at 177 Button Gut Road, near Oriental, Pamlico County, North Carolina. In order to resolve this matter with no further action or expense on my part, I accept responsibility for the violation as described in the Notice of Violation letter dated 10/03/05, and agree to pay the proposed civil assessment of $350. DATE SIGNATURE ADDRESS TELEPHONE NUMBER !.CASE STATUSi -- CASE NUMBER LAST NAME FIRST NAME BUSINESS NAME: -I 05-36C IFUREY ISEAN CASE IS CLOSED I Previous Violations in Same LJ AEC for Similar Activities NOV DATE CLOSURE DATE Elapsed Days AFFLIUATION SECTOR 10/3/2005 171 1PROPERTY OWNER PRIVATE MAILING ADDRESS CITY STATE ZIP CODE PHONE NUMBER POB 474 ORIENTAL NC 28571- (252) 249-2049 PROPERTY ADDRESS COMMUNITY WATERBODY NEAREST ROAD 177 BUTTON GUT ROAD ORIENTAL IBROAD CREEK ISE 1320 DISTRICT OFFICE COUNTY DCM REPRESENTATIVE LPO CONTACT MHCDO PAMLICO ILANE I ❑ CW �� EW ] PTA ❑ ES PTS VIOLATION TYPE MAJOR CAMA ❑ OEA '_ I HHFA ❑ IHA ❑ PWS ❑ NCRA NATURE OF VIOLATION AEC DESCRIPTION ea major oevelopment oy convening an existing Dow Douse Into a plattorm with a the total decked area within the EW and PTA AECs in Broad Creek. RESTORATION STATUS - -- RESTORATION REQUEST DATE COMPLETION DATE ! RESTORATION NOT REQUIRED - CONTRACTOR RESTORATION EXTENDED RESTORE DATE DEADLINE JI RESTORATION NOT REQUIRED - PERMITTABLE DEVELOPMENT EXTENDED RESTORATION NOT REQUIRED - FURTHER IMPACTS ] REFERRED TO AG'S OFFICE - INJUNCTION RESTORATION PENDING INJUNCTION DATE: r REFERRED TO AG'S OFFICE - COLLECTION COLLECTION REQUEST DATE: r- ASSESSMENT DATE PENALTY AMOUNT COLLECTION DATE AMOUNT COLLECTED PENALTY STATUS 10/4/2005 $350� V PENALTY ISSUED ❑ WILLFUL & INTENTIONAL PENALTY MIN. OR DOUBLED) PENALTY NOT ISSUED ❑ CNOV ISSUED CNOV DATE ' ❑ CONRACTOR'S FIRST OFFENSE ❑ PENALTY APPEALED APPEAL DATE ❑ FORMAL CPA ISSUED FORMAL CPA DATE ❑ SETTLED. AGREED UPON, STIPULATED PENALTY SETTLEMENT DATE ❑ UNCOLLEC7IBLE PENALTY I-UNCOLLECTIBLE DETERMINATION DATE Violations Involving Adversely Impacted Resources AMOUNT OF ADVERSELY DISTURBED AREA (SQ. FT.) �- AMOUNT OF RESTORED AREA (SQ. FT) NOTES f 18-Oct-05 NC DIVISION OF COASTAL MANAGEMENT ENFORCEMENT RECORD CASE STA CASE NUMBER LAST NAME FIRST NAME BUSINESS NAME o 05-36C FUREY SEAN O CASE IS CLOSED Previous Violations in Same AEC for Similar Activities NOV DATE CLOSURE DATE Elapsed Days AFFLILIATION SECTOR 1013/2005 F- F-- PROPERTY OWNER PRIVATE MAILING ADDRESS CITY STATE ZIP CODE PHONE NUMBER POB 474 ORIENTAL NC 28571- (252) 249-2049 PROPERTY ADDRESS COMMUNITY WATERBODY NEAREST ROAD 177 BUTTON GUT ROAD JORIENTAL IBROAD CREEK SR 1320 DISTRICT OFFICE COUNTY DCM REPRESENTATIVE LPO CONTACT MHCDO PAMLICO ILANE F- VIOLATION TYPE ❑ CW U EW 41 PTA ES ❑ PTS MAJOR CAMA OEA HHFA HA PWS ❑ NCRA NATURE OF VIOLATION AEC DESCRIPTION Unauthorized major development by converting an existing boat house into a platform with a covered gazebo and increasina the total decked area within the EW and PTA AECs in Broad Creek RESTORATION STATUS L RESTORATION REQUIRED RESTORATION NOT REQUIRED - CONTRACTOR �V RESTORATION NOT REQUIRED - PERMITTABLE DEVELOPMENT L', RESTORATION NOT REQUIRED -FURTHER IMPACTS �. RESTORATION PENDING RESTORATION REQUEST DATE COMPLETION DATE RESTORATION EXTENDED RESTORE DATE DEADLINE EXTENDED REFERRED TO AG'S OFFICE - INJUNCTION INJUNCTION DATE: P— REFERRED TO AG'S OFFICE - COLLECTION COLLECTION REQUEST DATE:F— ASSESSMENT DATE PENALTY AMOUNT COLLECTION DATE AMOUNT COLLECTED 10/4/2005 $350 10/14l2005 $350 LJI PENALTY ISSUED WILLFUL & INTENTIONAL PENALTY (MIN. OR DOUBLED) PENALTY NOT ISSUED CNOV ISSUED �CNOV DATE ❑ CONRACTOR'S FIRST OFFENSE PENALTY APPEALED APPEAL DATE j FORMAL CPA ISSUED FORMAL CPA DATE ,I SETTLED. AGREED UPON, STIPULATED PENALTYF SETTLEMENT DATE li.._ . UNCOLLECTIBLE PENALTY r—UNCOLLECTIBLE DETERMINATION DATE Violations Involving Adversely Impacted Resources AMOUNT OF ADVERSELY DISTURBED AREA (SO. FT.) F— AMOUNT OF RESTORED AREA (SQ. FT) �— NOTES UNITED STATES POSTAL SER17CE First -Class Mail Postage 6 Fees Paid � USPS PerrniY No. G-10 00- • Sender: Please print your name, address, and ZIP+4 in this box N.C. Division of Coastal Management 400 Commerce Avenue Morehead City, N.C. 28557 808-2808 lnn mrmmmnr 111m1 lr ■ Complete items 1, 2, and 3. Also complete Item 4 if Restricted Delivery is desired. ■ Print your name and address on the reverse so that we can return the card to you. ■ Attach this card to the back of the mailplece, or on the front If space permits. 1. Article Addressed to: Sean & Deborah Fu •ey P O Box 474 Oriental, NC 28571 ❑ Agent D. Is delivery address differwffrom Item 19 ❑ Yes If YES, enter delivery address below: ❑ No 3. Service Type ❑ Certified Mail ❑ Express Mall ❑ Registered ❑ Return Receipt for Merchandise ❑ Insured Mail ❑ C.O.D. 4. Restricted Delivery? Pft Fee) ❑ Yes 2. Article Number7pp5 1160 0003 1594 1984 (rrenster from service IeW _ - PS Form 3811, February 2004 Domestic Return Receipt to2sss-n-maw UNITED STATES POSTAL SERVICE ; First -Class Mail Postage$ Feespaid USPS t - Permit No. G-10 • Sender: Please print your name, address, and ZIP+4 in this box N.C. Division of Coastal Management 400 Commerce Avenue Morehead City, N.C. 28557 808-2808 A 1h ■ 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: Sean & Deborah Furey P O Box 474 Oriental, NC 28571 2. Article Number (Transfer from service label) A Agent J • 1oi O Addra D. Is delivery address different from Item 17 U Yes If YES, enter delivery address below: ❑ No 3. Saydc (lf Certified Mail ifiT ❑ mss Mail ❑ Registered elum Receipt for Merchandise ❑ Insured Mall C.O.D. l 4. Restricted Delivery? (Extra Feel O Yes PS Form 3811, February 2004 t Domestic Return Receipt Certified Mail Provides: Iwv+ ebr)MWeunrooseaaodsd • A mailing receipt ■ A unique identifier for your malipiece • A record of delivery kept by the Postal Service for two years Important Reminders: ■ Certified Mall may ONLY be combined with First -Class Mail® or Priority Mall® ■ Certified Mall Is notavallable for any Gass of international mail. ■ NO INSURANCE COVERAGE IS PROVIDED with Certified Mail. For valuables, please consider Insured or Registered Mail. ■ For an additional fee, a Return Receipt may be requested to Crovide proof of delivery. To obtain Return Receipt service, please complete and attach a Return Receipt )PS Form 3811) to the article and add applicable postage to cover the fee. Endorse mailplece "Return Receipt Requested'. To receive a fee waiver for a duplicate return receipt, a LISPS• postmark on your Certified Mail receipt is required. ■ For an additional fee, delivery may be restricted to the addressee or addressee's authorized agent. Advise the dark or mark the mailpiece with the endorsement 'Resfricted Delivery'. ■ If a postmark on the Certified Mail receipt is desired, please present the artl- cle at the post office for postmarking. If a postmark on the Certified Mail receipt is not needed, detach and affix label with postage and mail. IMPORTANT: Save this receipt and present it when making an inquiry. Internet access to deliverryy information Is not available on mail addressed to APOs and FPOs. , S Ir D" rR S Er l a y a n Ln rR postage $ m Certified Fee 0 Retum Receipt Fee ` PO�� O (Endorsement Required) `J Hem p Restricted DeliveryFee .0 (Endomement Required) rR rR Total Postage & Fees $ O To O t` s5eefaPCNo.;"'Sean & Deborah Furey or PO Box No. ciy smre;ziva"P O Box 474 . MMMEF211,ental NC 28571 Certified Mail Provides: ■ A mailing receipt awa a a/ woe sunr'009E auod Sd ■ A unique Identifier for your mailplece • A record of delivery kept by the Postal Service for two years Important Reminders: ■ Certified Mail may ONLY be combined with First -Class Mails or Priority Mail•. ■ Certified Mail is not available for any does of International mail. ■ NO INSURANCE COVERAGE IS PROVIDED with Certified Mail. For valuables, please consider Insured or Registered Mail. ■ For an additional fee, a Return Receipt maY be requested to provide proof of delivery. To obtain Return Receipt service, please complete antl attach a Return Receipt (PS Form 3811� to the article and add applicable postage to cover the fee. Endorse malpiece Return Receipt Requested'. To receive a fee waiver for a duplicate return receipt, a LISPS® postmark on your Certified Mal receipt is requ red. ■ For an additional fee, delivery may be restricted to the addressee or addressee's authorized ag9ent. Advise the clerk or mark the mailplecs with the endorsement °ResMctedDefivery'. • If a postmark on the Certified Mail receiptIf a Is desired, Please present the arti- cle at the post office for postmarking. postmark on the Certified Mail receipt is not needed, detach and affix label with postage and mail. IMPORTANT: Save this receipt and present It when making an inquiry. Internet access to deliver Information is not availahle on mail addressed to Apes and F y0s. 0 Er ra S � D" t� $ • Postage o Cadillac! Pee .2.30 O O Ret= Receipt Fee (Endorsement Required) O Restricted Delivery Fee ,_a (Endorsement Required) r3 rR Total Postage & Fees $ , Lnl 0 Sentro 0 r� sei,aacro.i Sean & Deborah Furey or PO Bar No. ciy'siaie,"ziAia P O Box 474 Oriental NC 28571 :rr rr *� l0' y'"r Postmark Here