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Home My WebLink About15-03C PaylorNCDENR North Carolina Department of Environment and Natural Resources Pat McCrory Governor CERTIFIED MAIL 7002 3150 0003 9918 2860 RETURN RECEIPT REQUESTED 4/7/15 Mr. Michael Paylor 311 Challenger Rd. Raleigh, NC 27603 RE: NOTICE OF FAILURE TO APPLY FOR CAMA PERMIT CASE #15-03C Dear Mr. Paylor: Donald R. van der Vaart Secretary This letter confirms that on 2/3/15, 1 was onsite at Forest Hills Mobile Home Park, Lt. 55. This property is located adjacent to Bogue Sound in Emerald Isle, Carteret County, North Carolina. The purpose of the visit was to conduct a site visit for a CAMA Major Permit application submitted by the property owner. During that visit I observed an unauthorized jet ski lift. Information gathered by me shows that you undertook major development not authorized by this division. No person may undertake major development in a designated Area of Environmental Concern without first obtaining a permit or authorization from the North Carolina Department of Environment and Natural Resources, North Carolina General Statutes (N.C.G.S.) 113A-118. I have information that you undertook, or are legally responsible for major development by installing a 4'X32' Jet Ski ramp on the aforementioned leased property. This activity took place in Estuarine Waters and Public Trust Area that are contiguous with Bogue Sound. Estuarine Waters and Public Trust Areas are designated as Area(s) of Environmental Concern (AEC). Any work in an Area of Environmental Concern requires you to file the necessary application with this office for a CAMA Development Permit. No work may proceed in an AEC until a CAMA permit is issued. 400 CommerceAve„ Mora teed CityK 2855T Phone 252-808 28BI,lhternet www..ncdenr.gpu An ffga2limppoitmryi6AfirmTenbe Adbju i (N w- fflW&m7mt4nacydepapmr a Mr. Michael Paylor 4/7/15 Page 2 of 2 Any unauthorized work after receipt of this Notice may constitute a violation of the Act and you may be subject to civil and/or criminal penalties as provided by North Carolina General Statute (NCGS) 113A- 126. 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 $10,000. An injunction or criminal penalty may also be sought to enforce any violation in accordance with NCGS 113A-126. In this case, there will be no assessment levied against you. However, if you continue to violate the Coastal Area Management Act, you should consider yourself forewarned and expect a civil penalty 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. Si cerely, . Ryan Davenport Coastal Management Representative Cc: Roy Brownlow, District Manager, DCM Jonathan Howell, Permit Coordinator, DCM Braxton Davis, Director, DCM Tier 1 UNITED STATEslFA6AS&IKVICE First -Class Mail -N :., Z5 Postage 8 Fees Paid USPS HPermit No. G-10 • Sender: Please print your name, address, and ZIP+4 in this box LJi�i?�9yi^1� YJi r?s }:;;?�i li//'?lrli ,tr':i lid Ei�!QfFil� 13 f.lJie.ar I, �s..%C,,:, RECEIVED " APR 16 2015 rn-WA-AWnM ! " :F2 ■ Complete items 1, 2, and 0. Also complete Rem 4 If Restricted Delivery is d®sired. ■ 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: o' & 3'o (2ta! A. X B. Name) kaj*vary addm%s different from Rom 1? U Yet If Ylk enter delivery address below: ❑ No 3. Service Type ,�Gertified Mail ❑ Express Mall 0 Registered .-GH%im Receipt for Merchandise ❑ Insured Mall ❑ C.O.D. 4. Restricted Delivery? iFW Fee) ❑ Yes 2. Article Number 7002 3150 0003 9918 2860 (Transfer from service label) PS Form 3811, February 2004 Domestic Return Receipt 102595-02-M-1540 DCM ENFORCEMENT TRACKING REPORT Field Rep. \ U19 oil tom' Violation Case No. Compliance Rep. ❑ Permit No. LPO 1-1 LPJ er., ov 11 `t (if applicable) Violation Description C Was activity permittable� No Initial Discovery Date IS— Discovery Method J /lG Uj j J Violation Description 44=& r Cw t ?-w/, , e 4- ,f i r-y%t o. Respondent Address Phone # Corporate Name & Registered agent Fax #/Email zip L7V" —S Violation Type: Project Type: Authorizations Required: Site Visits Respondent Site Visits Respondent - No Permit ❑ Private/community , Major �CAMA � Present Present (❑ Permit Condition ❑ Govt./Public ❑ Minor ❑ D&F ❑ ❑ ❑ Expired Permit R? Commercial ❑ General El ❑ ❑ Inconsistent w/ Rules Tier Level II III ❑ ❑ Violation Location and Site D cription Project Location: County 'CA C,-4 Street Address/ State Road/ Lot #(s) e/ j myp A sr Subdivision City GccMtro(,l %i �'` zip Phone # ( _ )' � R(iiver Basin Adj. Wtr. Body .i p 1,..t ,J t /man /unkn Closest Mal. Wtr. Body r: C V1 O-U n NOV Date V Initial Req. Comp. Date CNOV Date Y\7 1 to Date Comp. Observed Penalty Assessment Sent to Respondent Date Rcvd. by Dist. Mgr. Date Assessment Extended Yes No App./Permit Fee Penalty Irip f 1- W illful/Intent. a Continuing Investigative Lat/Long Shoreline Length Oro SAV: Not Sure Yes No Sandbags: Not Sure Yes %N PNA: Yes N Adjacent ORW: es Adjacent Cdt. Hab. Yes /N'�o� CN J Photos (5 No Waiver Required Yes In DWQ Buffer Area Yes o Specify DWQ Buffer if applicable Extension Granted Yes No Restoration Letter Acceptance Date Al 7J.0409 Ref. Recomm. Assess. DCM Assess. $ $ $ 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 M Injunction to complete restoration Date Collection Letter Sent Date Demand Letter Sent Violation Activities and Impacts AECs Affected: Wetlands Impacted? Ye / No If yes, which types: CW EW PT ES PTS OEA UBA N/A SA DS CJ SY JR LS TY PwC cr.- SS SC SP IF BF 404 Other: Restoration Required by the Respondent Y /No Dimensions in excess of permit/ unauthorized activities Dimensions to restore Final dimensions allowed Actually restored Development Activities .rk r r i Habitat Description rL Z /Z Closing Payment Received $ Date Date Case Closed From: Prestige Land Surveying <prestigesurveying@embarq Sent: Tuesday, March 03, 2015 10:28 AM To: Davenport, Ryan Subject: Space 55, Forest Hills Mobile Home Park information Hey Ryan, Finally got this info. Paxon's girl had been out of the office till today. The name and address is: Michael Paylor 311 Challenger Road Raleigh, NC 27603 919-244-3320 Again sorry about this. Paxon is back next week and I'm sure you will hear from her this. John Prestige Land Surveying, P.A. 501 W. B. McLean Blvd. Cape Carteret, NC 28584 252-393-2129 .252-393-3075(fax) Corporation License Number C-0960 she finds out about NCDENR North Carolina Department of Environment and Natural Resources Pat McCrory Governor CERTIFIED MAIL 7002 3150 0003 9918 2860 RETURN RECEIPT REQUESTED 4/7/15 Mr. Michael Paylor 311 Challenger Rd. Raleigh, NC 27603 Donald R. van der Vaart Secretary RE: NOTICE OF FAILURE TO APPLY FOR CAMA PERMIT CASE #15-03C Dear Mr. Paylor: S�pP� ' ��''(lus Prol+�y r< This letter confirms that on 2/3/15,1 was onsite at Forest Hills MtP Lt Si(ocated adjacent to Bogue Sound in Emerald Isle, Carteret County, North Carolina. The purpose of the visit was to investigate the construction of A Jet Ski lifte �✓e ✓ts(r )04 all UA49`°".oz-) C,4,, ,A4 , I" Vffc-Jr;., Information gathered by me shows that you undertook major development not authorized byeAM& No 4l `!- person may undertake major development in a designated Area of Environmental Concern without first8" obtaining a permit or authorization from the North Carolina Department of Environment and IN tural Resources, North Carolina General Statutes (N.C.G.S.) 113A-118. � V1 S ° 4, -r I/(vr I have information that you undertook, or re I�ally responsible for major development by installing a 4'X12' Jet Ski ramp onr� the aforementionet�property. This activity took place in Estuarine Waters and Public Trust Area that $ contiguous with Bogue Sound. Estuarine Waters and Public Trust Areas are designated as Area(s) of Environmental Concern (AEC). qu_ o an . ORIZBD WW InarnediiaArAny work in an Area of Environmental Concern requires you to file the necessary application with this office for a CAMA (Development Permit. -No work may proceed/until a CAMA permit is issued. 116MIf 11SwAce:Center, Raleigh, North Carolina27699-1601 Phone: 919-707-8600 \Internet: www.ncdenr.gov An Egpe4.Oppodumty 1 AtFlrmntive Action Employer - Made in part by recycled paper Mr. Michael Paylor 4/7/15 Page 2 of 2 4&' Vatic unauthorized work after receipt of this Notice may constitute a violation of the AM and you may be subject to civil and/or criminal penalties as provided by North Carolina General Statute (NCGS) 113A-126. 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 $10,000. An injunction or criminal penalty may also be sought to enforce any violation in accordance with NCGS 113A-126. In this case, there will be no assessment levied against you. However, if you continue to violate the Coastal Area Management Act, you should consider yourself forewarned and expect a civil penalty 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. Thank yo,t foryour-timeand cooperatvon-in-resolvingthis4gpo—tr 4nT n4trer. 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. "fikl�lnspeftpn will be made In -the near-futureladetenmine whather this SN D1ks-been-comphed-Lida. Sincerely, J. Ryan Davenport Coastal Management Representative Cc: Roy Brownlow, District Manager, DCM Jonathan Howell, Permit Coordinator, DCM Braxton Davis, Director, DCM Tier 1 From: Prestige Land Surveying <prestigesurveying@embarc Sent: Tuesday, March 03, 2015 10:28 AM To: Davenport, Ryan Subject: Space 55, Forest Hills Mobile Home Park information Hey Ryan, Finally got this info. Paxon's girl had been out of the office till today. The name and address is: Michael Paylor 311 Challenger Road Raleigh, NC 27603 919-244-3320 Again sorry about this. Paxon is back next week and I'm sure you will hear from her this. John Prestige Land Surveying, P.A. 501 W. B. McLean Blvd. Cape Carteret, NC 28584 252-393-2129 252-393-3075(fax) Corporation License Number C-0960 she finds out about 1