The URL can be used to link to this page

Home My WebLink About05-33C DallerNCDENR 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 September 20, 2005 B -P&RB A"BRB MTT Mr. Greg Daller P0Box 329 Zieglerville, PA 19492-0929 RE: Payment of Proposed Penalty for Violations of the Coastal Area Management Act, Committed in Carteret County CAMA Violation #05-33C Dear Mr. Daller: This letter will acknowledge receipt of your check #6934, in the amount of $200-00, and dated September 12, 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 Mark Hardeman, Coastal Management Rep. Henry Wicker, COE 400 Commerce Avenue, Morehead City, North Carolina 28557 Phone: 252-808-28081 FAX: 252-247-33301 Internet: www.necoastaimanagement.net An Equal Opportunity 1 Affirmative Action Employer —50% Recycled 110% Post Consumer Paper Mr. Greg Daller August 31, 2005 Page 3 of 3 CAMA VIOLATION #05.33C 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 $200.00 against me for violation of the Coastal Area Management Act, NCGS 113A-100 et seMc , committed on or near my property at Lot 3, Midden's Creek Rd., in Carteret 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 August 10, 2005, and agree to pay the proposed civil assessment of $200.00. aflgos- DATE SIGNATURE 'Po fjo-j- 3'39 ZIG&Lk-e%1kLLe ADDRESS PR- ta9.Z (nto— 0-0- 0-79 TELEPHONE NUMBER l M �(p� [p�p�NR North Carolina Department of Environment and Nature, Division of Coastal Management Michael F. Easley, Governor Charles S. Jones, Director August 31, 2005 CERTIFIED MAIL RETURN RECEIPT REQUESTED Mr. Greg Daller PO Box 329 Zieglersville, PA 18492 RE: CAMA VIOLATION #05-33C Dear Daller: G. Ross Jr., Secretary This letter is in reference to the Notice of Violation dated August 10, 2005 that:Mark representative for the Division of Coastal Management, issued to you for construction at Lot 3, Midden's Creek Rd., Carteret County. The violation im Estuarine Waters, and the Public Trust Area, which are Areas of Environmental C Coastal Resources Commission. No restoration of the site was requested. Hardeman, )nt of pier Coastal Wetlands, designated by the The Coastal Area Management Act provides that a civil assessment of up to $2,500 ay be assessed for any violation. It is the policy of the Coastal Resources Commission to assess a Icivil penalty for all violations in order to recover some of the costs of investigating violations and/or to corppensate the public for any damage to its natural resources. Under the rules of the Coastal Resource. Commission; a proposed civil penalty in the appropriate for this violation. You may expeditiously resolve this matter prior to the a; civil penalty by accepting responsibility for the violation and paying the amount propos do this, you must: (1) sign one of the attached copies of an "Agreement to Pay C attach a check or money order for $200.00 made payable to the North Carolina Depar and Natural Resources (NCDENR); and, (3) return the signed agreement and payme enclosed, self-addressed envelope within ten (10) days of your receipt of this letter. check in the Department's account, you will receive a Notice of Compliance enforcement action. 400 Commerce Avenue, Morehead City, North Carolina 28557 Phone: 252-808-28081 FAX: 252-247-33301 Internet: www.nccoastalman count of $200.00 is ssment of a formal above. In order to Assessment;" (2) ant of Environment to this office in the ron deposit of your icially closing this An Equal Opportunity 1 Affirmative Action Employer— 50% Recycled 110% Post Consumer Mr. Greg Daller August 31, 2005 Page 2 of 3 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 Barrett, District Manager Division of Coastal Management Enclosures cc: Ted Tyndall, Assistant Director, DCM Roy Brownlow, Compliance Coordinator, DCM Mark Hardeman, Coastal Management Representative, DCM k Mr. Greg Daller August 31, 2005 Page 3 of 3 CAMA VIOLATION #05.33C AGREEMENT TO PAY PROPOSED CIVIL ASSESSMENT I understand that the staff of the Department of Environment and Natural Resoun assessment of a civil penalty in the amount of $200.00 against me for violation Management Act, NCGS 113A-100 at seg, committed on or near my property at Lot 3, M Carteret County, North Carolina. In order to resolve this matter with no further action or( accept responsibility for the violation as described in the Notice of Violation letter dated E agree to pay the proposed civil assessment of $200.00. DATE SIGNATURE ADDRESS TELEPHONE as will propose the f the Coastal Area lden's Creek Rd., in Kpense on my part, I ugust 10, 2005, and . . e�� ' 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 August 10, 2005 CERTIFIED MAIL RETURN RECEIPT REQUESTED Greg Daller P. 0. Box 329 Zieglersville, PA, 18492 RE: NOTICE OF VIOLATION AND REQUEST TO CEASE UNAUTHORIZED DEVELOPMENT CAMA VIOLATION #05-33C Dear Mr. Daller: This letter confirms that on August 9, 2005, Mark Hardeman (DCM Field Rep.) and Roger Conner (Contractor) were onsite at your property located at Lot 3, Middens Creek Rd., adjacent to Middens Creek located in or near Smyrna, off Middens Creek Rd., Carteret County, North Carolina. The purpose of the visit was to investigate unauthorized development of a residential dock without a permit within Middens 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-1 18. I have information that indicates you have undertaken or are legally responsible for dock construction on the aforementioned property. This activity took place in Coastal Wetlands, Estuarine Waters, and Public Trust Waters that are contiguous with Middens Creek. Coastal Wetlands, Estuarine Waters, and Public Trust 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. 11 3A-1 26). It is the policy of the Coastal Resources Commission to levy a minimum civil assessment of $200.00 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 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 Greg Daller August 10, 2005 Page 2 of 2 amount will be assessed depends 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 upon request, you must be able to provide us proof that you have given your adjacent riparian property owner(s) notice of this unauthorized development and provided them the opportunity to comment to the Division of Coastal Management. Should you be requested to provide this documentation, you must provide confirmation that a written statement has been obtained, signed by the adjacent riparian property owners, indicating that they have no objection to the completed work; or you must provide confirmation that the adjacent riparian property owners have been notified by certified mail of the completed work. This notice shall instruct adjacent property owners to provide any comments on the completed development in writing to this Division within ten (10) days of receipt of the notice and shall indicate that no response from them will be interpreted as not having any objection. 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 permit(s). 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, J�" �W&Xva� 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'Neil, LPO 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 UNITED STATES, POSTAL SERVICE I I I I I I PUP erms First-Class G-10 Postage & Fees Paid • Sender: Plead print youy/iame, address, and ZIP+4 in this box, • " N.C. Division of Coastal Management 400 Commerce Avenue Morehead City, N.C. 28557 808-2808 �' I��Irlll lr lll„1111I1Ill IIll IIIIIIIoil IIIill il, li „r 11 l ■ 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: C,O_� We, 7}o66x� ITII� A Signature - \ X ❑ Agent Addre B. Received by (Printed Name) Si a 4f DAI D. Is delivery address different from Kem ]7 LF Yes If YES, enter delivery address „71 0 No 3. Servic Type - Certifled Mail ❑ Express Mail ❑ Registered etum Receipt for Merchandise ❑ Insured Mail ❑ C.O.D. 4. Restricted Delivery? PUM Fee) ❑ Yes 2. Article Number 7005 1160 0003 1"593 3385 (fiensler from service label) PS Form 3811, February 2004 Domestic Return Receipt t025e5-02-M-tsno DCM ENFORCEMENT TRACKING REPORT i'/ILK r/�2��m�� Issuer ` Field Rep. /!7 Violation Base No. .� LPO t—D Owed A B D LPJ y /p' Violated Permit No. 1-7„—'� `-�� (If applicable) Violation Description Initial Discovery Date /�11 9'X005 Discovery Method Violation Description >1dolpn x, l 074 Was activity permittable? Q/ No Respondent Information Prior Violations in same AEC: Yes / No Case Number 615 -33 �--01 Respondent/ Name(s) 6-re Ja/�e� (Landowner/Agent/Contractorj Address p 6, go)' 3�-; City Z,ey'/erfv,Ile State Pq Zip / ?Y92 Phone # Email Fax # Violation Type: Project Type: Authorizations Required: Site Visits Respondent Site Visits Respondent o Permit rivate/Communit Major MCAM Present I Present y- 9aoos % Permit Condition Govt./Public Minor D&F ` Expired Permit Commercial enera L Inconsistent w/ Rules U Violation Location and Site Description 1 Rover File Project Location: County Shoreline Length Street Address/ State Road/ Lot #(s) SAV: Not Sure Yes N' to T 3 Sandbags: Not Sure PNA. Yes ( No Adjacent Subdivision y_/�e�s /Iree�' 1)% rs� C� '/ZI Yes ( Adjacent ORW: City 5 y?.t yr Na ZIP a gs 9 Crit. Hab. Yes do Phone # ( ) River Basin ly//r . QQ Photos 0 No �� . %�l•d46.uY �re!eti/at /man /unkn) Adj. Wtr. Body " Waiver Required Yes Closest Maj. Wtr. Body 01-e e7 In DWO Buffer Area Yes I�o Restoration NOV Date 4- /0- DS CNOV Date Penalty Assessment Sent to Respondent Date Rcvd. by Dist. Ni Date Assessment Extended Yes Initial Req. Comp. Date .v(A- Date Comp. Observed N/4 7J.0409 Ref. ?131(o5, App./Permit Fee Penalty (fJlyk'�X No Willful/Intent. Continuing Other Total Extension Granted Yes No Restoration Letter Acceptance Date Recomm. Assess. DCM Assess. an $ /Dc) — $ $ lod oo $ $ $ $ $ 00 00 ,r 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 A/f�fg��c�ted: Wetlands Impacted? Ye / No If yes, which types: �J EW PTA ES PTS OEA HHF IH SA DS Cl 1R LS TY 40 SS SC SP 404 PWS: FC: _ Other: Restoration Required by the Respondent Yes / No Dimensions in excess Dimensions to restore of permit/ unauthorized activities Development Activities Habitat Description 4 Final dimensions Actually restored allowed NOTES: Closing Payment Received $ �[ L� I �� Datek�Date Case Closed l L 111 l 29-Sep-05 NC DIVISION OF COASTAL MANAGEMENT ENFORCEMENT RECORD CASE STATUS -I CASE IS CLOSED CASE NUMBER LAST NAME FIRST NAME BUSINESS NAME: 05-33C DALLER GREG Previous Violations in Same LJ AEC for Similar Activities NOV DATE CLOSURE DATE Elapsad Days AFFLILIATION SECTOR 8/10/2005 .:.y 50 1PROPERTY OWNER PRIVATE MAILING ADDRESS CITY STATE ZIP CODE PHONE NUMBER FOR 329 ZIEGLERSVILLE PA 18492- F PROPERTY ADDRESS COMMUNITY WATERBODY NEAREST ROAD LOT 3 MIDDENS CREEK SMYRNA MIDDENS CREEK F- DISTRICT OFFICE COUNTY DCM REPRESENTATIVE LPO CONTACT MHCDO CARTERET HARDEMAN VIOLATION TYPE AFFECTED AEC(S) J CW JI EW VI PTA I ES I PTS MAJOR CAMA OEA ] HHFA :-, IHA f _I PAS ] NCRA NATURE OF VIOLATION AEC DESCRIPTION Unauthorized major development by constructing a dock within the CW, EW, and PTW AECs in Middens Creek contiauous with Core Sound. RES IORARON STATUS RESTORATION REQUEST DATE COMPLETION DATE RESTORATION NOT REQUIRED - CONTRACTOR RESTORATION EXTENDED RESTORE DATE J RESTORATION NOT REQUIRED - PERMITTABLE DEVELOPMENT ❑ DEADLINE EXTENDED RESTORATION NOT REQUIRED - FURTHER IMPACTS ❑ REFERRED TO AG'S OFFICE - INJUNCTION INJUNCTION DATE: F- RESTORATION PENDING ❑ REFERRED TO AG'S OFFICE - COLLECTION COLLECTION REQUEST DATE: r- ASSESSMENT DATE PENALTY AMOUNT COLLECTION DATE AMOUNT COLLECTED PENALTY STATUS 8/31/2008 $200 9/20/2005 $200 L PENALTY ISSUED i Li WILLFUL &INTENTIONAL PENALTY MIN. OR DOUBLED) L,, PENALTY NOT ISSUED n CNOV ISSUED CNOV DATE LL CONRACTOR'S FIRST OFFENSE ❑ PENALTY APPEALED APPEAL DATE ❑ FORMAL CPA ISSUED FORMAL CPA DATE ❑ SETTLED, AGREED UPON, STIPULATED PENALTY ru—SETTLEMENT DATE U UNCOLLECTIBLE PENALTY r--UNCOLLECTIBLE DATE Violations Involving Adversely Impacted Resources AMOUNT OF ADVERSELY DISTURBED AREA (SQ. FT.) f AMOUNT OF RESTORED AREA (SQ. FT) NOTES Also see case - contractor 29-Sep-05 NC DIVISION OF COASTAL MANAGEMENT ENFORCEMENT RECORD --- ------ - CASE STATf1S - CASE NUMBER LAST NAME FIRST NAME BUSINESS NAME: —I I 05-33C DALLER GREG "• CASE IS CLOSED Previous Violations in Same ❑ AEC for Similar Activities NOV DATE CLOSURE DATE Elapsed Days AFFULIATION SECTOR 8/10/2005 F 11 PROPERTY OWNER PRIVATE MAILING ADDRESS CITY STATE ZIP CODE PHONE NUMBER ROB 329 ZIEGLERSVILLE PA 18492- r PROPERTY ADDRESS COMMUNITY WATERBODY NEAREST ROAD LOT 3 MIDDENS CREEK SMYRNA MIDDENS CREEK F— DISTRICT OFFICE COUNTY DCM REPRESENTATIVE LPO CONTACT MHCDO CARTERET 1HARDEMAN VIOLATION TYPE AFFECTED AEC(S) J CW J EW J, PTA j ES ❑ PTS MAJOR CAMA I OEA I HHFA IHA ❑ PWS ❑ NCRA I NATURE OF VIOLATION AEC DESCRIPTION �d major develop) with Core Sound. RESTO ATI N 6ttrUtl- - a dock within the CW, EW, and PTW AECs in Middens RESTORATION REQUEST DATE COMPLETION DATE RESTORATION NOT REQUIRED - CONTRACTOR RESTORATION EXTENDED RESTORE DATE ❑ DEADLINE J RESTORATION NOT REQUIRED - PERMITTABLE DEVELOPMENT EXTENDED ''.. RESTORATION NOT REQUIRED - FURTHER IMPACTS ❑ REFERRED TO AG'S OFFICE - INJUNCTION INJUNCTION DATE: r— RESTORATION PENDING REFERRED TO AG'S OFFICE -COLLECTION COLLECTION REQUEST DATE: r— ASSESSMENTDATE PENALTYAMOUNT COLLECTION DATE AMOUNTCOLLECTED PENALTY STATUS 8/31/2005 $2 $200 9/20/2005 00 J PENALTY ISSUED ❑ WILLFUL & INTENTIONAL PENALTY (MIN. OR DOUBLED) ❑ PENALTY NOT ISSUED ❑ CNOV ISSUED CNOV DATE ElCONRACTOR'S FIRST OFFENSE ❑PENALTY APPEALED APPEAL DATE FORMAL CPA ISSUED FORMAL CPA DATE ❑SETTLED, AGREED UPON, STIPULATED PENALTY I —SETTLEMENT DATE ❑ UNCOLLECTIBLE PENALTY F—UNCOLLECTIBLE DATE Violations Involving Adversely Impacted Resources AMOUNT OF ADVERSELY DISTURBED AREA (SO. FT.) ��— AMOUNT OF RESTORED AREA (SO. FT) NOTES )Also See Case - contractor