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Home My WebLink About05-32C Conner��A NCDENR North Carolina Department of Environment and Natural Resou ces Division of Coastal Management Michael F. Easley, Governor CERTIFIED MAIL RETURN RECEIPT REQUESTED Roger Conner 2773 Hwy 70 East Beaufort, NC 28516 Charles S. Jones, Director NOTICE OF VIOLATION August 10, 2005 William RE: NOTICE OF VIOLATION AND REQUEST TO CEASE UNAUTHORIZED CAMA VIOLATION #05-32C Dear Mr. Conner: Ross Jr., Secretary This letter is in reference to the August 9, 2005 meeting onsite of Mr. Greg Daller's property off Middens Creek Rd., in the Middens Creek SID, at or near Smyrna in Carteret County, North Carolina. The purpose of the onsite meeting was to investigate unauthorized development on the aforementi ned property. This letter also references a June 27, 2005 site visit with you at Lot 3, Middens Creek subdiv:ion. Information gathered by me for the Division of Coastal Management indicates th t your actions as contractor for Mr. Greg Daller are in violation of the Coastal Area Management Act ( AMA). 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 pursuant to . the North Carolina General Statutes (N.C.G.S.) 113A-118. Information I have indicates that you have undertaken or are legally responsible for installing 14 pilings for a residential dock on the aforementioned property. This activity took place in Coastal Wetlands, Public Trust Waters, and Estuarine Waters that are contiguous with Middens Creek. Coastal Wetlands, Public Trust Waters, 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 development and co tact me about this matter. 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, which is subject to an additional assessment of $2,500. An injunction or criminal penalty may also be sought to enforce any violation in accordance with N.C.G.S. 113A-126. It is the policy of the Coastal Resources Commission to assess a minimum civil penaltyl$200.00 against all 400 Commerce Avenue, Morehead City, North Carolina 28557 Phone: 252-808-2808 \ FAX: 252-247-3330 \ Internet: 2 An Equal Opportunity \ Affirmative Action Employer— 50% Recycled \ 10% Post Consumer Roger Conner] l 1 August 10, 2005 Page 2 of 2 violations of this type. This is done to recoup some of the costs of investigating the violation and/or to compensate the public for any damage to its natural resources. Whether a higher amount will be assessed will depend on several factors, including the nature and area of the resources that were affected and the extent of the damage to them. Since this is your first documented offense as a contractor in these designated Areas of Environmental Concern, there will be no assessment levied against you in accordance with the North Carolina Administrative Code, Title 15A; Subchapter 7J.0409(f)(4)(F)(i). However, if you continue to violate the Coastal Area Management Act, you should consider yourself forewarned and expect a civil assessment to be levied against you consistent with the North Carolina Administrative Code, Title 15A, Subchapter 7J, Section .0409, as adopted by the Coastal Resources Commission. 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, Mark Hardeman Coastal Management Representative cc: Ted Tyndall, Assistant Director, DCM Tere Barrett, District Manager, DCM Roy Brownlow, Compliance Coordinator, DCM Henry Wicker, USACE J.D. O'Neal, LPO 400 Commerce Avenue, Morehead City, North Carolina 28557 Phone: 252-808-2808 \ FAX: 252-247-3330 \ Internet: www.nccoastalmanagement.net An Equal Opportunity \ Af irmative Action Employer— 50% Recycled 110% Post Consumer Paper . ,t DCM ENFORCEMENT TRACKING REPORT A iLk-- f "� 4i$LV YV1 )9 . )suer Field Rep. N LPJ • C� Violation Base No. A B C D Violated Permit No. (if applicable) Violation Description Was activity perrpittable? es / No Initial Discovery Date AUy g/ 1005 Discovery Method L. ►90 Violation Description be ve-- (6)p m &,J w/oL peri 1,-- Respondent Information Prior Violations in same AEC: Yes /(:�No Case Number 0S-32—e0T RespondentName(s) koyeir- CD,v�LLr p (Landowner/Agent/Contractor) Address 2-773 /trio 7 E457 city ,Oe",Arl State n%C zip,1S5/,G Phone# Pt5,2-7�8-80 Fax# Email Violation Type: Project Type: Authorizations Required: Site Visits Respondent Site Visits Respondent o Permit PrivatelCommunit Major AM -To 17Z Present re ent Present ire Permit Condition Govt./Public Minor D&F Expired Permit Commercial Gener Au/ 9 �005 S Inconsistent wl Rules Violation Location and Site Description / / Project Location: County e IJ2le - l —/ Rover File Shoreline Length Street Address/ State Road/ Lot #(s) SAV: Not sure Yes 115 L o 3 Sandbags: Not Sure Yes ! L �•t7I Subdivision /N> j< /t JU 6�7/1/1-</0v PNA: Q� No Adjacent 6. �df Z7Y CRW: Yas Q Adjacent City y.,41Y/ AfeZ ZIP J7 I Crit. Hab. Yes 16 Phone # ( ) River Basin Lt/%i nek Photos es No Adj. Wtr. Body Jam%,W,/p y �/e'e at an /unkn) Waiver Required Yes Closest Ma' . Wtr. Body / J y eore Soz1,vc In DWQ Buffer Area Yes Restoration NOV Date Initial Req. Comp. Date Extension Granted Yes No Restoration (Letter CNOV Date Date Comp. Observed AcceptancelDate Penalty Assessment 7J.0409 Rat. Recomm. Assess. DCM Assess. Sent to Respondent Date App./Permit Fee / $ /00 06 $ Penalty (r)(4wr i'� $ l oo • $ Rcvd. by Dist. Mgr. Date Assessment Extended Yes No Willful/Intent. $ $ Continuing $ $ Other $ $ 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 penaltylNOV Injunction to complete restoration Date Collection Let. Sent Date Demand Let. Sent Violation Activities and Impacts AECs Af d: Wetlands Impacted96 / No If yes, which types: CTO ES P T S �g DS CI SY IR LS TY OEA HHF IH SS SC SP 404 PWS: FC: Other: Restoration Required by the Respondent Yes 00 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 U.S. Postal Service,,., CERTIFIED MAIL:,, RECEIPT Mornestic Mail Only: No Insurance Coverage For delivery information visit our website at PS Form 3800, June 2002 See Reverse for instructions , Certified Mail Provides: asa ealzoozeanr ooeeaao�sd ■ Amailing receipt ■ A unique identifier for your mailpiece ■ A record of delivery kept by the Postal Service for two years Important Reminders: ■ Certified Mail may ONLY be combined with First -Class Mail& or Priority Mail® ■ Certified Mail is not available for any class of international mail. ■ NO INSURANCE COVERAGE IS PROVIDED with Certified Mail. 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Division of Coastal Management 400 Commerce Avenue Morehead City, N.C. 28557 808-2808 Morehead City DCM immnnn111mnm