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Home My WebLink About05-26C Shareheart DevelomentNCDENR y North Carolina Department of Environment and Natural Resources Division of Coastal Management Michael F. Easley, Govemor Charles S. Jones, Director William G. Ross Jr., Secretary July 19, 2005 Shareheart Development 150 Little Rd Southern Pines, NC 28387 RE: Payment of Proposed Penalty for Violations of the Coastal Area Management Act, Committed in Pamilco County CAMA Violation # 05-26C Dear Ms Peele: This letter will acknowledge receipt of your check #1201, in the amount of $500.00, and dated July 19, 2005. Once the amount of the check 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, 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.nccoastaimanagement.net An Equal Opportunity 1 Affirmative Action Employer — 50% Recycled 110% Post Consumer Paper 21-Aug-08 NC DIVISION OF COASTAL MANAGEMENT ENFORCEMENT RECORD CASE STATUS CASE NUMBER LAST NAME FIRST NAME BUSINESS NAME: � CASE IS OPEN 05-26C PEELE MICHELLE SHAREHEART DEVELOPMENT, LL CASE IS CLOSED I IC Previous CAMA Violation(s) NOV DATE CLOSURE DATE Elapsed Days AFFLILIATION LEGAL AGENT SECTOR COMMERCIAL Duplicate Record XLINK: 789 MAILING ADDRESS CITY STATE 2989 JANEIRO RD ARAPAHOE NC ZIP CODE PHONE NUMBER Show Related Violations 28510- (252)249-2717 PROPERTY ADDRESS COMMUNITY WATERBODY NUESE VILLAGE RD ARAPAHOE NEUSE RIVER DISTRICT OFFICE COUNTY DCM REPRESENTATIVE LPO CONTACT MHCDO PAMLICO LANE INot Available VIOLATION TYPE MAJOR CAMA AEC DESCRIPTION r NATURE OF VIOLATION Unauthorized major development by the placement of approximately 210 approximately 2 acres within the ES AEC adjacent to the Neuse River. NEAREST ROAD SR 1302 CW V EW " PTA W CS I,. PTS OEA HHFA - IHA ❑ PWS [: NCRA feet RESTORATION RESTORATION REQUEST DATE COMPLETION DATE I_ 'RESTORATION-REQUIl RESTORATION NOT REI�� RESTORATION EXTENDED RESTORE DATE L� DEADLINE J RESTORATION NOT REQUIRED- EXTENDED ea REFERRED TO AG'S OFFICE -INJUNCTION j RESTORATION NOT REQUIRED - � INJUNCTION REFER DATE: r-- [ RESTORATION PENDING [] REFERRED TO AG'S OFFICE - COLLECTION _ COLLECTION REQUEST DATE: F— ASSESSMENT DATE PENALTY AMOUNT COLLECTION DATE AMOUNT COLLECTED 7/19/2005 700 7/19I2005 $500 7----- WILLFUL & INTENTIONAL PENALTY (MIN. OR DOUBLED) CNOV ISSUED �rCNOV DATE D PENALTY APPEALED r--APPEALDATE SSUED FORMAL CPA ISSUED r--FORMAL CPA DATE FIRST OFFENSE D SETTLED, AGREED UPON, STIPULATED PENALTY F —SETTLEMENT DATE UNCOLLECTIBLE PENALTY rr UNCOLLECTIBLE DETERMINATION DATE Violations Involving Adversely Impacted Resources AMOUNT OF ADVERSELY DISTURBED AREA (SO. FT.) F — AMOUNT OF RESTORED AREA (SO. FT) NOTES Permit needed to complete any rer work. 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 July 18, 2005 CERTIFIED MAIL RETURN RECEIPT REQUESTED Shareheart Development, LLC c/o Ms. Michelle Peele, Managing Partner 2989 Janeiro Road Arapahoe, North Carolina 28510 RE: NOTICE OF VIOLATION AND REQUEST TO CEASE UNAUTHORIZED DEVELOPMENT CAMA VIOLATION #05-26C Dear Ms. Peele: This letter confirms that on July 12, 2005, 1 was onsite at your property located at Neuse Village Road, adjacent to the Neuse River located near Arapahoe, off SR1302, Pamlico County, North Carolina. The purpose of the visit was to investigate unauthorized development adjacent to the Neuse River. 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-1 18. I have information that indicates you have undertaken or are legally responsible for the placement of approximately 210' of riprap and disturbance of approximately 2.0 acres on the aforementioned property. This activity took place within the Estuarine Shoreline that is contiguous with the Neuse River. The Estuarine Shoreline is designated as an Area 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 $500 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: 252-808-2808 \ FAX: 252-247-3330 \ Internet: www.nccoastalmanagement.net An Equal Opportunity \ Affirmative Action Employer- 50% Recycled \ 10% Post Consumer Paper Shareheart Development, LLC Notice of Violation - July 18, 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. However, please be advised that you are required to obtain a CAMA Major Permit for any further development, including construction, grading, infrastructure, etc. Please note that by copy of this Notice, I am informing the Divisions of Water Quality and Land Resources of the unauthorized activity. Be apprised that a Sedimentation and Erosion Control Plan and a Stormwater Plan will be needed from these Divisions. 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 Pat McClain, Regional Engineer, DLR Al Hodge, Regional Supervisor, DWQ Skip Lee, LPO, Pamlico County IM 190 ft. 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 July 19, 2005 Shareheart Development 150 Little Rd Southern Pines, NC 28387 RE: Payment of Proposed Penalty for Violations of the Coastal Area Management Act, Committed in Pamilco County CAMA Violation # 05-26C Dear Ms Peele: This letter will acknowledge receipt of your check #1201, in the amount of $500.00, and dated July 19, 2005. Once the amount of the check 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, 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 WAIVER OF RIGHT TO ADMINISTRATIVE HEARING AND AGREEMENT TO PAY PROPOSED CIVIL ASSESSME I understand that the staff of the Department of Environment assessment of a civil penalty in the amount of $500.00 against me for violation of Management Act, NCGS 113A-100 et sue, committed on or near my property 0.5 intersection SR1302 and Neuse Village Rd., Arapahoe in Pamlico County, North understand that I have a right under G.S. 113A-126(d)(3) and 150B-23 to administrative hearing on the alleged violation and proposed civil penalty. In matter with no further action or expense on my part, I accept responsibility for described in the Notice of Violation letter dated 07/18/05, voluntarily waive my administrative hearing, and agree to pay the civil assessment of $500.00. I so, I also hereby foreclose any right of appeal to the Superior Court of North r:"D -919=1 05-26C will propose the he Coastal Area iles southeast of Carolina. I also r quasi-judicial, r to resolve this the violation as legal right to an nd that in doing DCM ENFORCEMENT TRACKING REPORT Issuer Field Rep. Violation Base No. D LPO f1c � 'jc° Violated Permit No. LPl (if applicable) Violation Description Was activity peimittable? es / No Initial Discovery Date '7 �'0 r Discovery Method �° " N 3 � i /n� Aec % �X,A 2/ ° • Violation Description L" an. �r 3O % ( / °fNV L ?I �^ /��acq nl. Alt. •a lTc N%i%4'f `.NM%% Respondent Information Prior Violations in same AEC: Yes / N6 Ca a Number OS"L6C_p1 Respondent Name(s)_ rA� k�/� �e ?r U,C Land iwn (Agent/Contractor) Address c /° /'ti aRBq 5an-r�o a-.t. City/Jv-�F-%t'-/S State NC Zip �) 6?9-7`tY� Phone# Crz�jgq">7/7 er�// Fax#CXri14q" Email , Violation Type: Project Type: Authorizations Required: Site Visits Respondent Site Visits Respondent No Permit Private/Community a'� CAM"� Pr/Jont Present Permit Condition Govt./Public Minor D&F 7-o" N0 Expired Permit Commercial General Inconsistent w/ Rules Violation Location and Site Description y, f} Rover Rover File YaMlet. Project Location: County Shoreline Length br Street Address/ State Road/ Lot #(s) y,rRl3°L SAV: Not Sure fouea/r Yes o d.�hilcf e�Zn-{✓1..�/rn• u..( (J". 0I — R.-..1 Sandbags: Not Sure yes o Subdivision — PNA: Yes o Adjacent City �•/° /` ` ,NC ZIP 2 8r/b ORW: Ves o Adjacent Crit. Hate. Yes No Phone # ( ) River Basin ffe "L` Photos ()No Adj. Wtr. Body NQ ,.Ct- � (0/man /unkn) Waiver Required Yes Closest Maj. Wtr. Body PVG-�f�-In DWQ Buffer Area 9 No Restoration �'� 8—'r Extension Granted Yes No NOV Date Initial Req. Comp. Date Restoration) CNOV Date Date Comp. Observed Acceptance Letter Date Penalty Assessment 7j.0409 Ref. Recom I. Assess. DCM Assess. Sent to Respondent Date App./Permit Fee O(W h? $ t} d D $ Rcvd. by Dist. Mgr. Date Penalty $ ) 0 o $ Assessment Extended Yes No Willful/Intent. $ $ Continuing $ $ Other $ $ 00 �00 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 Injunction to complete restoration Date Collection Let. Sent Date Demand Let. Sent Violation Activities and Impacts AECs Affected: Wetlands Impacted? Yes / No If yes, which types: CW EW PTA ES PTS OEA HHF IH SA DS CJ SY 1R LS TY SS SC SP 404 PWS: FC: Restoration Required by the Respondent Yes / i Dimensions in excess Dimensions to restore Final dimensions Actually restored of permit/ unauthorized activities allowed Development Activities Habitat Description NOTES: Closing �r �r Payment Received $ 0 0 ' 0 o Date �� Date Case Closed ��9