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HomeMy WebLinkAbout17-05C EZ Dock SolutionsFILE ROY COOPER Governor K`a MICHAEL S. REGAN Secretary Coastal Management BRAXTON C. DAVIS ENVIRONMENTAL QUALITY Director June 29, 2017 EZ Dock Solutions, Inc c/o David Anderson 5568 Hwy 70 West Morehead City, N.C. 28557 RE: Payment of Proposed Penalty for Violations of the Coastal Area Management Act, Committed in Carteret County CAMA Violation # 17-05C Dear Mr. Anderson: This letter will acknowledge receipt of your Check # 1823, in the amount of $400.00, and dated received on 6/29/17. Once the amount of the check is credited to the Department of Environmental Quality's 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 at (252) 808-2808. Sincerely, q k8�� Roy Brownlow District Manager RB//rcb Cc Mike Lopazanski, Asst. Director Ryan Davenport, Coastal Management Rep. Liz Hair, COE Nothing Compares State of North Carolina I Environmental Quality I Coastal Management Morehead City Office 1 400 Commerce Avenue I Morehead City, NC 28557 252 808 2808 Coastal Management ENVIRONMENTAL QUALITY June 29, 2017 Personal Delivery EZ Dock Solutions, Inc. c/o Mr. David Anderson tN I rr a 5568 Hwy 70 West Morehead City, NC 28557 RE: CAMA VIOLATIONS #17-05C Dear Mr. Anderson: ROY COOPER Go emoe MICHAEL S. REGAN Secretary BRAXTON DAVIS Dtreclor L a� tc_ This letter is in reference to the Notice of Violation dated 06/27/2017 that Ryan Davenport, representative for the Division of Coastal Management, issued to EZ Dock Solutions, Inc. as contractor for Sunset Harbor Building 4 Homeowners Association, for unauthorized installation of a floating PWC platform at Sunset Harbor Building 4, Emerald Isle, Carteret County. The violation involved the Estuarine Waters and Public Trust Area of Bogue Sound, which are Areas of Environmental Concern designated by the Coastal Resources Commission. The Coastal Area Management Act provides that a civil assessment of up to $10,000 plus investigative costs may be assessed for any violation. It is the policy of the Coastal Resources Commission to assess a civil penalty for all violations, including those against contractors, 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 Resources Commission, a proposed civil penalty in the amount of $400 is appropriate for this violation. EZ Dock Solutions, Inc. 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 order to do this, you or a representative of EZ Dock Solutions, Inc. must: (1) sign one of the attached copies of an "Agreement to Pay Civil Assessment;" (2) attach a check or money order for $400 made payable to the North Carolina Department of Environmental Quality (NCDEQ); and, (3) return the signed agreement and payment to this office in the enclosed, self-addressed envelope within ten (10) days of receipt of this letter. Upon deposit of the check in the Department's account, EZ Dock Solutions, Inc. will receive a Notice of Compliance officially closing this enforcement action. State of North Carolina I Environmental Quality I Coastal Management 400 Commerce Ave I Morehead City, NC 28557 252 808 2808 T EZ Dock Solutions, Inc. c/o Mr. David Anderson Page 2 of 3 June 29,2017 If EZ Dock Solutions, Inc. does not send a signed agreement and payment to this office within ten (10) days, the Director of the Division of Coastal Management may formally assess a civil penalty against EZ Dock Solutions, Inc., which will then have the opportunity to request a hearing on the penalty or request settlement 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, Roy Brownlow District Manager Division of Coastal Management Enclosures Stale of North Carolina I Environmental Quality I Coastal Management 400 Commerce Ave I Morehead City, NC 28557 252 808 2808 T EZ Dock Solutions, Inc. c/o Mr. David Anderson Page 3 of 3 June 29, 2017 CAMA VIOLATION #17-05C EZ DOCK SOLUTIONS, INC. c/o Mr. David Anderson AGREEMENT TO PAY PROPOSED CIVIL ASSESSMENT On behalf of EZ Dock Solutions, Inc., I understand that the staff of the Department of Environmental Quality will propose the assessment of a civil penalty in the amount of $400 against EZ Dock Solutions, Inc. for violation of the Coastal Area Management Act, NCGS 113A-100 et seq, committed on or near property located at Sunset Harbor Building 4, Emerald Isle in Carteret County, North Carolina. In order to resolve this matter with no further action or expense to EZ Dock Solutions, Inc., I accept responsibility on behalf of EZ Dock Solutions for the violation as described in the Notice of Violation letter dated June 27, 2017, and agree to pay the proposed civil assessment of $400. DATE 25R-'1a5- `/85 TELEPHONE NUMBER SIGNATURE L n s56r cr, ?0 c2sl sl,/e l� ADDRESS State of North Carolina I Environmental Quality I Coastal Management 400 Commerce Ave I Morehead City, NC 28557 252 808 2808 T Coastal Management ENVIRONMENTAL OVALITY NOTICE OF VIOLATION 6/27/17 ROY COOPER Oovemor MICHAEL S. REGA'N 5'errerary BRAXTON DAVIS Virei to, EZ Dock Solutions, Inc. t!-{a� IDelt"e-.yy C/O David Anderson r,,,-T,,,Q L 9%/ PAze 5568 Hwy 70 W Morehead City, NC 28557 I RE. NOTICE OF VIOLATION AND ORDER TO CEASE UNAUTHORIZED DEVELOPMENT CAMA VIOLATION #17-05C Dear Mr. Anderson: This letter is in reference to my 6/21/17 visit onsite Sunset Harbor Bldg. 4 property at 8628 Sound Dr., which is contiguous with Bogue Sound, in Emerald Isle, Carteret County, North Carolina. The purpose of the onsite visit was to investigate unauthorized development at this location.. j Information gathered by me for the Division of Coastal Management indicates that EZ Dock Solutions, Inc. actions as contractor for Sunset Harbor Bldg.4 HOA are in violation of the Coastal Area Management Act (CAMA). No person may undertake major CAMA development in a designated Area of Environmental Concern (AEC) without first obtaining a permit from the North Carolina Department of Environmental Quality pursuant to, the North Carolina General Statutes (N.C.G.S.) 1 13A-1 18. I have information that indicates you, as representative for EZ Dock Solutions, Inc. have undertaken or are legally responsible for placement of a 10'X14' floating PWC platform on this property. This activity took place in Estuarine Waters and Public Trust Area that are contiguous with Bogue Sound. Estuarine Waters and Public Trust Area are designated as Areas of Environmental Concern (AEC). No permit was issued to you for work in these areas. Based on these findings, the Division is initiating an enforcement action by issuing this Notice of Violation for violation of the Coastal Area Management Act. EZ Dock Solutions, Inc. must immediately CEASE AND DESIST any further unauthorised development within the AECs on this property. A civil assessment of up to $10,000 plus investigative costs may be assessed against any violator. Each day that the unauthorized 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. It is the policy of the Coastal Resources Commission to assess a civil penalty plus investigative costs against all violations. This is done to recoup some of the costs of investigating the violation and/ I r to compensate I State of North Carolina i Environmental Qualityl Coastal Management 400 Commerce Ave I Morehead City, NC 28557 252 808 2808 EZ,Dock Solutions, Inc. 6/27/17 Page 2 of 3 the public for any damage to its natural resources. including but not limited to the nature of the violation, degree of the damage to them. The amount assessed depends on several factors, the area of the resources that are affected, and the Based upon the North Carolina Administrative Code, Title 15A, Subchapter 7J.0409(g)(4)(E), the policy of the Coastal Resources Commission is to levy a civil assessment against contractors as well as the landowner. The relevant statutes and regulations are available on the Division's web page and from this office. I am willing to assist you in complying with the requirements of these laws. Sincerely, )Xstal yen Davenport 11 Management Representative Cc: Mike Lopazanski, Interim Assistant Director, DCM Roy Brownlow, District Manager, DCM State of North Carolina I Environmental Quality I Coastal Management 400 Commerce Ave I Morehead City, NC 28557 252 808 2808 �p��1��pp���t�.Jj{�. I1L First -Class Mail I II I I III IIIIHIwINII ��I II I I Pe ms No. G 10 Paid 9590 9402 2060 6132 6966 10 United States Postal Service your name, N.0 . Dwiaic--in if uucslc?i jviapageme!1I 40"0 Commerce Avenue Moreh;,ad City, J.C. 285 7 800-2808 r II11+111,lu.11l,llililll'iIHI, iIII 11,wI11);11in11llil1111 ■ 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 mailpiece, or on the front If space permits. 1. Article Addressed to, AI Ku�Alw�c-(c- C/o Sunse- [A t or 011) 3 �(,3o SounL Lbr. UnX4R1 �MetA 551 P, 59Y 11111111111111111 111111111 IN�IIII 9590 9402 2060 6132 6966 10 7002 3150 0003 9918 3201 X {� //[ ❑ Agent lj`r /G Addressee B. Received by (f%AWVy ) 0. Date of Delivery 7., D. Is dellv ? ❑Yea 0 YES, er ❑ No JUL 0 7 2017 DCM- MHD CITY Servlca lwe D Pdodry Melt EVreseS I Adult SlgreOae D Regwww Mar. I Adult S Meined Pastdo DBMery 0 Regelered Mail Restricted CeriI CO Mad Mall ReWAW Degvary 0 DMellverYR Reodptfar ct I Colleon Delivery 0 Signature CongnneemiTM ] Collect on Delivery ReaYkted Del Insured Mail 0 SOneture Cordhrnedarl Insured Mail Ree4lried pellveYW Del" over $5001 i Ps Form 3811, July 2015 PSN 7530-02-000-90W Domestic Return Receipt DCM ENFORCEMENT TRACKING REPORT Field Rep. IC-,, ` C "(/-P/! Or-l— Violation Case No. 1 7 -06 C Compliance Rep. LPO �-vl-er Permit No. El (if applicable) Violation Description 4 Was activity permittable� No Initial Discovery Date � 1 Discovery Method 4! f 61,J(c� Violation Description Respondent Nam/e �(s) Address it , Phone # a& Fax #/Email 2 Zip 2,9ff,7-� Violation Type: Project Type: Authorizations Required: Site Visits Respondent Site Vislts Respondent No Permit �rivate/Community Major ❑ CAMA Present Present Permit Condition ❑ Govt./Public ❑ Minor ❑ DSF h ❑ ❑ ❑ Expired Permit ❑ Commercial ❑ General ❑ ❑ ❑ Inconsistent w/ Rules Tier Level: I (1 III ❑ ❑ Violation Location and Site Descri tion 14 LaULong Project Location: County Shoreline Length 1 Gy Street Address/ State #(s`)) SAV: Not sure Yes No 'L`ot ////Road/ � U LV ,JV u� y Sandbags: Not Sure Yes IG Subdivision PNA: Yes Q6 Adjacent CRY '' Yk-e,r• ZIP ORW: � No Adjacent Jf'� Crlt. Hal Yes Cw Phone#( _)� River Basin r J,_ Photos No Adj. Wtr. Body (' J(T J U'^� n man /unkn Waiver Required V Yves Qm'e Closest Maj. Wtr. Body In DWO Buffer Area Yes NC Specify DW O Buffer if applicable: Restoration NOV Date CNOV Date Penalty Assessment Sent to Respondent Date Rcvd. by Dist. Mgr. Date Assessment Extended Yes No Initial Req. Comp. Date Date Comp. Observed App./Permit Fee Penalty W illful/Intent. Continuing Investigative Extension Granted Yes No Restoration Letter Acceptance Date 7J.0409 Ref. Recomm. Assess. DCM Assess. $ V $ $ $ $ Is It Pormal Assessments, Appeals and Reductions Date Long Form Submitted Assessment Appealed: Yes No Date Formal CPA Submitted Penally modified Final Assessment $ Date Attorney General's Office for Injunction or Formal Collection Date sent to AG Date Collection Letter Sent Violation Activities and Impacts AECs Affected: , CW QN �� C/A ES PTS OEA HHF IH UBA N/A PWS: FC: Respondent not responsive to penalty/NOV ❑ Injunction to complete restoration Date Demand Letter Sent Restoration Required by the Respondent Yes 00 Wetlands Impacted? Y / No If yes, which types: SA DS cJ SY JR LS TY Ss SC SP IF BF 404 Dimensions in excess of permit/ unauthorized activities Dimensions to restore Final dimensions allowed Actually restored Development Activities - ! G ! Habitat Description NOTES: Closing Payment Received $ Date Date Case Closed COMPLAINT INVESTIGATION FORM Owner of Property: Address / Location of C:/ n C,- COMPLAINANT INFORMATION Name of Complainant: Mailing Address: Phone Number. 2�1 — -A V —) 3 e-Mail: 00Ck No Name Given: Complaint Delivered By: ­4_ Phone Date Received: b � Time: - Letter E-mail RD In Person Referred To: Received By Whom: NATURE OF COMPLAINT FINDINGS _ No Violation (Investigation Closed and Complainant Notified) DATE INVESTIGATED: STAFF PERSON CONDUCTING INVESTIGATION: TYPE OF VIOLATION (if applicable):_ Violation Found Major _ Dredge & Fill Minor COMMENTS: Referral to other local, state or federal agency: Yes _ No List Agency(s) and Contact(s): 2. 3. NOV Issued By: _ NC DCM REP. NOV CASE #: LPO Was Complainant Notified of Findings: _ Yes _ No Complainant Notified By: _ Letter _ E-mail _ Phone Date Complainant Notified: DCM ENFORCEMENT TRACKING REPORT Issuer O J Rep. C^ /1,11mo-e 41 �Violation Case No. tliance Rep. �Gl �a�+'rcr✓� �� Permit No. ❑ (if applicable) Violation Description /I Was activity Initial Discovery Date k- Discovery Method 0`n z" P Violation Description U Vk V (i Z.e� 9 t T' X/ y r 04 iAs No Respondent Name(s) Address �-JW 111-y %Q �CitY.416 t 'e-,,� e 'l StatVV k- Zip r�IWAVPhone # R 7%� - 0'713 Fax glEm<yy " �" r �70 Corporate Name & Registered agent 2 DOr:�LiOIV*t0/f$� YQO. CoM . Violation Type: Project Type: Authorizations Required: Site Visits Respondent Site Visits Respondent 17'No Permit ❑ Permit Condition ❑ Expired Permit Private/Community ❑ Govt./Public ❑ Commercial ❑ Major F-1 Minor P+ General ❑ Inconsistent w/ Rules Tier Level: I II III Violation Location and Site Description Project Location: County CC,4-c ,* Present J�J-CAMA ❑ D&F o Street Address/ StafI Road/ Lot #(s) Subdivision CRY %i Vweft0 ZIP /'� Phone # ( _) River Basin C,f r lJ&,-% Adj. Wtr. Body G t-..( v.r..f n man /unkn Closest Maj. Wtr. Body OL.U-Vf Restoration NOV Date 1 CNOV Date Penalty Assessment Sent to Respondent Date Rcvd. by Dist. Mgr. Date Assessment Extended Yes No Initial Req. Comp. Date Date Comp. Observed App./Permit Fee Penalty W illful/Intent. Lat/Long Present Shoreline Length UU SAV: Not Sure 4YeSN00Sandbags: Not Sure PNA: Adjacent ORW: Adjacent Crit. Hab. Photos es No Waiver Required es In DWQ Buffer Area Yes Specify DWQ Buffer if applicable: N% Extension Granted Yes No Restoration Letter AJA �% Acceptance Date 7J.0409 Ref. Recomm. Assess. DCM Assess. $ CJ U $ $ 2(j0 $ Is ')L-7 $ Total l 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 R Injunction to complete restoration Date Collection Letter Sent Date Demand Letter Sent Violation Activities and Impacts AECs Affected: Wetlands Impacted? Ye / N If yes, which types: CW PT ES PTS OEA UBA N/A SA DS CJ SY JR LS TY PWS: FC: SS SC SP IF BF 404 Restoration Required by the Respondent Y / No Dimensions in excess of permit/ unauthorized activities Dimensions to restore Final dimensions allowed Actually restored Development Activities .�,1(wy Habitat Description NOTES: /UQ 54%) (Afdrs(-S df AE y/ i4 Closing Payment Received $ Date Date Case Closed ROY COOPER Coastal Management ENVIRONMENTAL QUALITY NOTICE OF VIOLATION 6/27/17 EZ Dock Solutions, Inc. C/O David Anderson 5568 Hwy 70 W Morehead City, NC 28557 Governor MICHAEL S. REGAN Seererary BRAXTON DAVIS DIrc[TOr RE. NOTICE OF VIOLATION AND ORDER TO CEASE UNAUTHORIZED DEVELOPMENT CAMA VIOLATION #17-05C Dear Mr. Anderson: This letter is in reference to my 6/21/17 visit onsite Sunset Harbor Bldg. 4 property at 8628' Sound Dr., which is contiguous with Bogue Sound, in Emerald Isle, Carteret County, North Carolina. The purpose of the onsite visit was to investigate unauthorized development at this location.. Information gathered by me for the Division of Coastal Management indicates that EZ Dock Solutions, Inc. actions as contractor for Sunset Harbor Bldg.4 HOA are in violation of the Coastal ArealManagement Act (CAMA). No person may undertake major CAMA development in a designated Area of Environmental Concern (AEC) without first obtaining a permit from the North Carolina Department of Environmental Quality pursuant to,the North Carolina General Statutes (N.C.G.S.) 113A-1 18. I have information that indicates you, as representative for EZ Dock Solutions, Inc. have undertaken or are legally responsible for placement of a 10'X14' floating PWC platform on this property. This activity took place in Estuarine Waters and Public Trust Area that are contiguous with Bogue Sound. Estuarine Waters and Public Trust Area are designated as Areas of Environmental Concern (AEC). No permit was issued to you for work in these areas. Based on these findings, the Division is initiating an enforcement action by issuing this Notice of Violation for violation of the,Coastal Area Management Act. EZ Dock Solutions, Inc: must immediately CEASE AND DESIST any further unauthorized development within the AECs on this property. A civil assessment of up to $10,000 plus investigative costs may be assessed against any violator. Each day that the unauthorized 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. It is the policy of the Coastal Resources Commission to assess a civil penalty plus investigative costs against all violations. This is done to recoup some of the costs of investigating the violation and/or to compensate State of North Cmolioa I Eoviroomeoml Quality 1 Coastal Mamgemeot 400 Commeme Ave I Morehead City, NC 28557 252 808 2808 EZ Dock Solutions, Inc. 6/27/17 Page 2 of 3 the public for any damage to its natural resources. including but not limited to the nature of the violation, degree of the damage to them. I I The amount assessed depends on several factors, the area of the resources that are! affected, and the Based upon the North Carolina Administrative Code, Title 15A, Subchapter 7J.0409(g)(4)(E), the policy of the Coastal Resources Commission is to levy a civil assessment against contractors as well as the landowner. The relevant statutes and regulations are available on the Division's web page and from this office. I am willing to assist you in complying with the requirements of these laws. Sincerely, J yen Davenport oastal Management Representative Cc: Mike Lopazanski, Interim Assistant Director, DCM Roy Brownlow, District Manager, DCM State of North Carolina I Environmental Quality I Coastal Management 400 Commerce Ave I Morehead City, NC 28557 252808 2808 Corporations Division Page 1 of 1 f \' North Carolina �•� Elaine F Marshall DEPARTMENT OF THE Secretary SECRETARY OF STATE PO Box 29e22 Raleigh,NC 27826-0822 (919)814.5400 Account Login Click Here To: Create site View Document Filings File an Annual Report Amend a Previous Annual Report Account Print a Pre -Populated Annual Report form Corporate Names Legal: EZDockSolutions.com, Inc. Business Corporation Information Sosid: 1388280 Status: Current -Active Annual Report Status: Current Citizenship: Domestic Date Formed: 7/3/2014 Fiscal Month: January Registered Agent: Hams, R. Andrew Corporate Addresses Reg Office: 1912 Eastchester Dr High Point, NC 27265-3501 Reg Mailing: 1912 Eastchester Dr High Point, NC 27265-3501 Mailing: 5568 hwy 70 w Morehead City, NC 26557 Officers President: Michael H Lowry 224 Salter Path Rd Pine Knoll Shores NC 28512 Stock Class: Common Shares: 100000 No Par Value: Yes http://www.sosne.gov/search/profcorp/10566729 6/27/2017 Corporations Division Page 1 of 1 North Carolina f 'r Elaine F Marshall DEPARTMENT OF THE Secretary SECRETARYOF STATE ' PO Box 29622 Relegh,NC 27826-0622 (919)814-5400 Account Login Click Here To: Create Site View Document Filings File an Annual Report Amend a Previous Annual Report Account Print a Pre -Populated Annual Report forth Corporate Names Legal: EZDockSolutions.com, Inc. Business Corporation Information Scald: 1388280 Status: Current -Active Annual Report Status: Current Citizenship: Domestic Date Formed: 7/3/2014 Fiscal Month: January Registered Agent: Harris, R. Andrew Corporate Addresses Reg Office: 1912 Eastchester Dr High Point, NC 27265-3501 Reg Mailing: 1912 Easlchester Dr High Point, NC 27265-3501 Mailing: 5568 hwy 70 w Morehead City, NC 28557 Officers President: Michael H Lowry 224 Salter Path Rd Pine Knoll Shores NC 28512 Stock Class: Common Shares: 100000 No Par Value: Yes http://www.sosnc.gov/search/profcorp/10566729 6/27/2017 ■ 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 mailpiece, or on the front if space permits. 'V6. �-C 905 IZ,�42 Ure J %AKQ Dr:o.✓� �r 48�eZ ❑ Agent of Delivery D. Is delivery address di0erent from Rem 1? u Ye: If YES, enter delivery address below. ❑ No 3, Service Type ❑ Priority Mail Express® I II IIII IIII I'IIII II II I III IIIIIIiI�I III III ❑ Mult Signature Restricted Delivery ❑ Registered Mal Restricted 9402 2560 6306 6920 92 POSedtfied �l Restricted OMM ❑ Ceded Delivery ❑ e Receipt for ❑ Collect w Delivery Merchandise 2. Article Number (7ransfer from service AIW ❑Collect on Delivery Restricted Delivery ^--'-- • ❑ Signature Confirmationm ❑ Signature Conrirmatlnn 7016 2070 0000 1604 9669 Mail Ma l Raatr D rN Restricted Delivery LP Form 3811, July 2015 PSN 7530-02-000-9053 _ _ _ _ Domestic Return Receipt 9590 9402 2560 6306 6920 92 United States Postal Service r First -Class Mail Postage R Fees Paid -� USPS Permit No. G-10 • Sender: Please print your name, address, and ZIP+qv i this box- G ZdFi'C, SOIt%�(VvJs. L40", 556� t�w'Y ?0 "e5! 5w—i-e C, t14111 rugrlhl lu Ih Nuiillilllhh filllll1lullhlllli AGENT AUTHORIZATION FOR CAMA PERMIT APPLICATION Name of Property Owner Requesting Permit: %%rL,_/Arf C _ Ccoo rR r� Mailing Address: S?6a� Sou,oD I'i DR%\)F � pamnFar lQ i e GHERALD ISLF_ , NC a$59y Phone Number: 3 3 (,-& 8 a. - o q q/ Email Address: CouNEk 20 wr-u, ebL1 I certify that I have authorized VA,,p Aapr-�rsc P / E Z DocK Agent / Contractor to act on my behalf, for the purpose of applying for and obtaining all CAMA permits necessary for the following proposed development: M sS N ER T/=T S k, C) rz i s at my property located at L1)8 Sovup j�R,vE - EHERFILD JSLE fuC in CArtTERE'r County. 1 furthermore certify that I am authorized to grant and do in fact grant; permission to Division of Coastal Management staff, the Local Permit Officer and their agents to enter on the aforementioned lands in connection with evaluating information related to this permit application. Property Owner Information: Signature �1 Wrl,l.,AN 1` - 0C)0h1ER Print or Type Name I PRESIDEPT „T BLDG. NOA IN SvOSF-7 r1A2t3o2 Title Fs / aol Date This certification is valid through 5/ 8 / 119 CERTIFIED MAIL • RETURN RECEIPT REQUESTED DIVISION OF COASTAL MANAGEMENT ADJACENT RIPARIAN PROPERTY OWNER NOTIFICATIOWWAIVER FORM Name of Property Owner: WiLwAH t- 0000ER Address of Property: Sopup,DRide, QLDGLIj 3q, FHr--RALC, 1SLE�OARTGRET (Lot or Street #, Street or Road, City & County) 6a Doc.K SOLO7100S Agent's Name.#: bAViD Mailing Address: 55 G8 Nwr 76 rJ Agent'sphone#: 259,--773- 6-�43 NE,o PORT to a$5- 70 I hereby certify that I own property adjacent to the above referenced property. The individual applying for this permit has described to me as shown on the attached drawing the development they are proposing. A description or drawing, with dimensions, must be provided with this letter. I have no objections to this proposal. I have objections to this proposal. If you have objections to what is being proposed, you must notify the Division of Coastal Management (DCM) in writing within 10 days of receipt of this notice. Contact information for DCM offices is available at htto://www.nccoastalmanagement.net(web/cm/staff-listing or by calling 1-888-4RCOAST. No response is considered the same as no objection if you have been notified by Certified Mail. WAIVER SECTION I understand that a pier, dock, mooring pilings, boat ramp, breakwater, boathouse, or lift must be set back a minimum distance of 15' from my area of riparian access unless waived by me. (If you wish to waive the setback, you must initial the appropriate blank below.) , I do wish to waive the 15' setback requirement. I do not wish to waive the 15' setback requirement. (Property wne�forrr�,ation) Signal re 011-111AH [-:. 0600 EnC Print or Type Name 8G-18 SOVOD D NVE, &DG y Mailing Address E"rAALJ T_sLE, K)C A269V City/State/Zip 33L- L81-0yyl Cou �e�l� wFu•FDy Telephone Number/Email Address 519 (Riparian Property Owner Information) Signature Print or Type Name Mailing Address City/State/Zip Telephone Number/Email Address Dare Dare ' (Revised Aug. 2014) Coastal Management ENVIRONMENTAL QUALITY NOTICE OF VIOLATION 6/27/17 1 . Dock Solutions, Inc. • David Andersot 5568 Hwy 70 W Morehead City, NC 28557 ROY COOPER CweM" MICHAEL S. REGAN Serrew, BRAXTON DAVIS Direetor Qs,��� A iro C'4 RE: NOTICE OF VIOLATION AND ORDER TO CEASE UNAUTHORIZED DEVELOPMENT a /_ CAMA VIOLATION #CASE NUMBER T Dear Mr. Anderson: ` This letter is in reference to my 6121/17 visit onsite Sunset Harbor Bldg. 4 property at 8628 Sound Dr., which is contiguous with Bogue Sound, in Emerald Isle, Carteret County, North Carolina. The purpose of the onsite visit was to investigate unauthorized development at this location.. ` Information gathered by me for the Division of Coastal Management indicates that your -actions as contractor for Sunset Harbor Bldg.4 HOA are in violation of the Coastal Area Management Act (CAMA). No person may undertake major CAMA development in a designated Area of Environmental Concern (AEC) without first obtaining a permit from the North Carolina Department of Environmental Quality pursuant to the North Carolina General Statutes (N.C.G.S.) 11 3A-1 18. fad A4e- •v , C-/�°� rw,,, I have i ormation that indicates yoi have undertaken or are legally responsible for placement of a 10'X14' P14 floating on this property. This activity took place in Estuarine Waters and Public Trust Area that W'tc contiguous with Bogue Sound. Estuarine Waters and Public Trust Area are designated as Areas of Environmental Concern (AEC). No permit was issued to you for work in these areas. Based on these findings, the Division is initiating an enforcement action by issuing this Notice of Violation for violation of the Coastal Area Management Act. Z must immediately CEASE AND DESIST any further unauthorized development within the AECs on this property. A civil assessment of up to $10,000 plus investigative costs may be assessed against any violator. Each day that the unauthorized 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. 11 3A-1 26. It is the policy of the Coastal Resources Commission to assess a civil penalty plus investigative costs against Stale of Nonh Carolina I FnvnonnI Quality I Coastal Management 400 Commerce Ave I Morehead City, NC 28557 252 808 2808 EZ Dock Solutions, Inc. 6/27/17 Page 2 of 3 all violations. This is done to recoup some of the costs of investigating the violation and/or to compensate the- ublic for any damage to its natural resources. The amount assessed depends on several factors, include but not limited to the nature of the violation, the area of the resources that are affected, and the `7, a of the damage to them. 46 Based upon the North Carolina Administrative Code, Title 15A, Subchapter 7J.0409(g)(4)(E), the policy of 4)C the Coastal Resources Commission is to levy a civil assessment against contractors as well as the landowner. l I f The relevant statutes and regulations are available on the Division's web page and from this office. I am willing to assist you in complying with the requirements of these laws. Sincerely, J. Ryan Davenport Coastal Management Representative Cc: Mike Lopazanski, Interim Assistant Director, DCM Roy Brownlow, District Manager, DCM State of North Carolina I Envhomnental Quality I Coastal Mampment 400 Commerce Ave I Morehead City. NC 28557 252 808 2808 EZ Dock Solutions, Inc. 6/27/17 Page 3 of 3 State of North Carolina I Environmental Quality I Coastal Management 400 Conu me Ave I Morehead City, NC 28557 252 808 2808