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HomeMy WebLinkAbout06-12C JohnsonNorth Carolina Michael F. Easley, Governor April 26, 2006 Mr. Johnson P O Box 15014 New Bern, NC 28561 e�� NCDENR Department of Environment and Natural Division of Coastal Management Charles S. Jones, Director MAN* Y Resources William G. Ross Jr., Secretary MTT IL RB RE: Payment of Proposed Penalty for Violations of the Coastal Area Management Act, Committed in Carteret County CAMA Violation #06-12C Dear Mr. Johnson: This letter will acknowledge receipt of your check #6982, in the amount of $: April 17, 2006. Once the amount of the check is credited to the Department of 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 office, (252) 808-2808. Sincerely, -7,-t, W�a 6 �, d, I � I Tere Barrett District Manager TB/lsb cc: Roy Brownlow, Compliance Coordinator Ted Tyndall, Asst. Director Mickey Suggs, COE and dated anent and 400 Commerce Avenue, Morehead City, North Carolina 28557 Phone: 252-808-2808 \ FAX: 252-247-3330 \ Intemet: www.nccoastaimanagement.net An Equal Opportunity \ Affirmative Action Employer —50% Recycled 110% Post Consumer Paper City Ogden H.Johnson April 17, 2006 Page 3 of 3 CAMA VIOLATION #06.12C ! I1r: ?, APR 2 6 2006 AGREEMENT TO PAY PROPOSED CIVIL ASSESSMMbrehead City ACM 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 $500.00 against me for violation of the Coastal Area Management Act, NCGS 113A-100 et seMc , committed on or near my property 178 Mill Point Lane 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 April 06, �006, and agree to pay the proposed civil assessment of $500.00. -�7 06 DATE ADDRESS /V TELEPHONE NUMBER s NCDENR North Carolina Department of Environment and Natural Division of Coastal Management Michael F. Easley, Governor Charles S. Jones, Director April 17, 2006 CERTIFIED MAIL RETURN RECEIPT REQUESTED Mr. Ogden H. Johnson PO Box 15014 New Bern, NC 28560 RE: CAMA VIOLATION #06-12C Dear Mr. Johnson: Resour es William GRoss Jr., Secretary LSB MTT i. t TB ItB RB This letter is in reference to the Notice of Violation dated April 06, 2006 that I issued to you for the grading of approximately 2.4 acres adjacent to Wade Creek at 178 Mill Point Lane, Carteret Co nty. The violation involved the Estuarine Shoreline, which is an Area of Environmental Concern designa ed by the Coastal Resources Commission. No restoration of the site was required. . The Coastal Area Management Act provides that a civil assessment of up to $2,500 may be assessed for any violation. It is the policy of the Coastal Resources Commission to assess a civil penalty for all violations 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 $500.00 is appropriate for this violation. You may expeditiously resolve this matter prior to the assessment of a formal civil penalty by accepting responsibility for the violation and paying the amount proposedabove. In order to do this, you must: (1) sign one of the attached copies of an "Agreement to Pay Civil', Assessment;" (2) attach a check or money order for $500.00 made payable to the North Carolina Department of Environment and Natural Resources (NCDENR); and, (3) return the signed agreement and payment to this office in the enclosed, self-addressed envelope within ten (10) days of your receipt of this letter. Upon deposit of your check in the Department's account, you will receive a Notice of Compliance officially closing this enforcement action. 400 Commerce Avenue, Morehead City, North Carolina 28557 Phone: 252-808-2808 \ FAX: 252-247-3330 \ Internet: www.nccoastalmanag�ment.net An Equal Opportunity \ Affumative Action Employer — 50% Recycled \ 10% Post Consumer Paper r Ogden H.Johnson April 17, 2006 Page 2 of 2 If you do not send a signed agreement and payment to this office within ten (10) days, th 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. i 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 Ogden H.Johnson April 17, 2006 Page 3 of 3 CAMA VIOLATION #06.12C AGREEMENT TO PAY PROPOSED CIVIL ASSESSMENT I understand that the staff of the Department of Environment and Natural Resou assessment of a civil penalty in the amount of $500.00 against me for violation Management Act, NCGS 113A-100 et sec ,,committed on or near my property 178 Mill County, North Carolina. In order to resolve this matter with no further action or expense responsibility for the violation as described in the Notice of Violation letter dated April 06, pay the proposed civil assessment of $500.00. DATE , will propose the the Coastal Area it Lane in'Carteret i my part, I accept 1006, and agree to SIGNATURE ADDRESS TELEPHONE NUMB R e%Isb 0p�,i, mmt R rb — NCDENR North Carolina Department of Environment and Natural r<esuwcca- - - Division of Coastal Management Michael F. Easley, Governor Charles S. Jones, Director William C. Ross Jr., Secretary NOTICE OF VIOLATION April 6, 2006 CERTIFIED MAIL RETURN RECEIPT REQUESTED Mr. Ogden H. Johnson PO Box 15014 Smyrna, NC 28579 RE: NOTICE OF VIOLATION AND REQUEST TO CEASE UNAUTHORIZED DEVE OPMENT CAMA VIOLATION #06-12C Dear Mr. Johnson: This letter confirms that on March 24, 2006,1 was onsite at your property located at 178 of Old Nassau Road adjacent to Wade Creek located in or near Williston, off Highwa, County, North Carolina. The purpose of the visit was to investigate unauthorized cleal land adjacent to Wade Creek, Outstanding Resource Waters and designated Primer preparation for a subdivision. Again on March 29, 2006, Mickey Sugg of the US Army I and I met at the site to determine the presence of wetlands and measure the areas of di Information gathered by me for the Division of Coastal Management indicates that major development in violation of the Coastal Area Management Act (CAMA). No I major development in a designated Area of Environmental Concern (AEC) without 1 from the North Carolina Department of Environment and Natural Resources. This rf by North Carolina General Statute (N.C.G.S.) 113A-118. I have information that indicates you have undertaken or are legally responsible f clearing of approximately 2.4 acres on the aforementioned property. This activity Estuarine Shoreline that is contiguous with Wade Creek, a tributary to Jarrett designated by the NC Division of Marine Fisheries as Primary Nursery Area, and Water Quality as Outstanding Resource Waters. Estuarine Shoreline Areas are Coastal Area Management Act as Areas of Environmental Concern (AEC). No permit work in this area. Based on these findings, I am initiating an enforcement action by Violation for violation of the Coastal Area Management Act. dill Point Lane, off 70 East, Carteret Ig and grading of Nursery Area, in Drips of Engineers have undertaken n may undertake lbtaining a permit anent is imposed the grading and ok place in the Wade Creek is by the NC Division of designated under the w s issued to you for iss inq this Notice of I request that you immediately CEASE AND DESIST any further unauthorized activitiel. within designated Areas of Environmental Concern. A civil assessment of up to $2,500 may be assessed a ainst 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 cr�minal penalty may also be sought to enforce any violation (N.C.G,S. 113A-126). 400 Commerce Avenue, Morehead City, North Carolina 28557 Phone: 252-808-28081 FAX: 252-247-33301 Internet: www.nccoastalman An Equal Opportunity 1 Affirmative Action Employer-50% Recycled 110% Post Consumer �1 Mr. Ogden H. Johnson April 6, 2006 Page 2 of 3 It is the policy of the Coastal Resources Commission to levy a minimum civil assessment of $350.00 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 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. Note that both federal and coastal wetlands exist on this tract. I would advise that prior to submitting application for any additional development on this property, a delineation of the wetlands on the property be prepared and approved. Also, it is important that you be aware that property subdivision must be approved by Carteret County through their Technical Review and kannirig processes. I would advise that you contact Ms. Katrina Marshall, Chief of Planning and Inspections at (252) 728-8497 regarding your plans for this property. Finally, land disturbance such. as this in excess of one acre requires that the applicant obtain authorization from the NC Division of Water Quality Stormwater Section, and a Sedimentation and Erosion Control Plan from the NC Division of Land Resources Land Quality Section. You may contact Linda Lewis for the former, and Dan Sams for the latter, both accessible at (910) 796-7215. Please be advised that upon request, you must be able to provide proof that you have given your adjacent riparian property owners 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. 400 Commerce Avenue, Morehead City, North Carolina 28557 Phone: 252-808-2808 \ FAX: 252-247-3330 \ Internet: www.nccoastalmanagement.not An Equal Opportunity \Affirmative Action Employer— 50% Recycled \ 10% Post Consumer Paper .t, t Mr. Ogden H. Johnson Apol 6, 2006 Page 3 of 3 Sincerely, I ' Tere Barrett District Manager, DCM, MHC Cc: Ted Tyndall, Assistant Director, DCM Roy Brownlow, Compliance Coordinator, DCM Linda Lewis, DWQ Mickey Sugg, USACE Noelle Lutheran, DWQ Dan Sams, DLR Katrina Marshall, Planning and Inspections, Carteret County 400 Commerce Avenue, Morehead City, North Carolina 28557 Phone: 252-808-28081 FAX: 252-247-33301 Internet: www.nccoastalmanag ment.net An Equal Opportunity \ Affirmative Action Employer- 50% Recyded \ 10% Post Consumer Paper DCM ENFORCEMENT TRACKING REPORT ` Issuer Field Rep Violation Base No.___.._ LPO.T/�'7 f� n LpJ /v 6 C D t- — ( Violated Permit111.4 —1 r� . (if applicable) EMI � T� T�� � """ Violation Description I T Was activity permittable? e / No Initial Discovery Date -:!>[c)4[JU0 Discovery Method Respondent Inform ion rior,( Iations in same AEC: Yes No a s umberQ(p ��1 RespondentName(s) (�� �10tdz o�-� own /A genUContractor) Address ' O - 2btG 1 501 4 City � tat, Zip Phone #as �C�3_-3 Fax # T Email -- Violation Type: Project Type: Authorizations Required: Site Visits Respondent Site Visits Respondent No Permit ❑ Private/Community Major CAMA Present ❑ Present C Permit Condition n Govt./Public Minor D&F ❑ Expired Permit � Commercial Eli General ❑ E Inconsistent wl Rules [I EJJ Violation Location and Site Description Rover File Project Location: County- Shoreline Length Street Ad re State Road/ Lot #(s) ffzlndSAV: Not Sure Ye Sandbags: Not Sure Yes Subdivision PNA: No Adjacent GG City A ZIP O ✓ CRW: ISNo Adjacent Phone # )t/c-rrt�-�''� iver sinAA-IL Crit. Hab. No Photos Yes o Adj. Wtr. Body �,�j�,�l l,Q 4D /man /unknl Waiver Required Yes Closest Maj. Wtr. Be In DWQ Buffer Area Y No Specify DWQ Buffer if applicabl : _ Restoration Extension Granted Yes No NOV Date Initial Req. Comp. Date Restoration Letter CNOV Date Date Comp. Observed Acceptance Date Penalty Assessment Sent to Respondent Date Rcvd. by Dist. Mgr. Date Assessment Extended Yes App./Permit Fee Penalty _-,....._-... No Willful/Intent. Continuing Other 7J.0409 Ref. Recomm. Assess. DCM Assess. $ $ $ $ s s --- s s S s Total Formal Assessments, Appeals and Reductions Date Long Form Submitted Assessment Appealed Yes No Date Formal CPA Submitted ❑ Penalty modified Final Assessment S Date Attorney General's Office for Injunction or Formal Collection Date sent to AG .. ............ ............ ❑ Respondant 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 & If yes, which types: CW EW PTA ES PTS HHF IH OEA SA DS CI SY IR LS TY SS SC SP IF BF 404 PWS: FC: Other: Restoration Required by the Respondent Yes 19 Dimensions in excess of permit/unauthorized activities Dimensions to restore Final dimensions allowed Actually restored Deve pment jActivities Habitat Description VOTES: II v Closing Payment Received S Date Date Case Closed IvV2 L 1` Z Title Line 1 1 in. = 953.0 feet ITWti —177 .�+'$�" di 7 h' A„ '•,. a"N i IV I Title Line I 1 in. = 953.0 feet 1-11-1;6`� A., Page 1 of 1 Detailed view for record 1 (Pant) FieldI Value AREA 1822845.68568 PERIMETER 8085.89959 PARCEL83_ 10500 PARCEL83_I 10502 WHAT 0 PIN 73480437 MAPNUM 7348 BLOCK 72 PDOT 4069 CONDO_ MOTHER 0 MAPNAM 734804 PRID 06007A0203 PIN15 734804724069000 OWNER JOHNSON,OGDEN H ETAL JONES DBOOK 1083 DPAGE 275 DDATE 20041112 SALE_PRICE 575000 TAX_VALUE 212243 LAND_VALUE 186001 STRUC_VAL 0 OTHER_VAL 26242 BLT_CONDO 0 HOUSE_NUM 0000178 DIRECTION ST_NAME MILL POINT Field V lue ST_TYPE LN CITY WILLISTON ZIP 28589 MAIL_DIR MAIL_ST IW1'.0 MAIL_STTYP LN MAIL_CITY NEW BERN MAIL_STATE NC MAIL_ZIP 28560 MAIL_POBOX PO BOX 15014 TOWNSHIP SMYRNA CITY_LIMIT NBHD 60001 FIRE_DIST DAVIS FIRE RESCUE_OST OTWAY RESCUE LEGAL_DSC ACREAGE NASSAU RD SMYRNA TOTAL_ACR 42.62 Y_BLT_HOUS 0 TOT_SO_FT 0 BATHROOMS 0 BEDROOMS 0 RISK_LE NOISE_LVL /I-- Y� LACUI2 waj-", &�j Y \� http://maps.co.carteret.nc.us//details_popup.htm 4/6/2006 UNITED STATES, POSTAL SERVICE II I Permit SPS No G-10 Paid • Sender: Please print your name, address, and ZIP+4 in this box N.C. Division of Coastal Management 400 Commerce Avenue Morehead City, N.C. 28557 808-2808 cao aLILiL,InLI::LLL.:I;:flla a;:l;l:;lllll:;,lll:,;lll,I ■ Complete items 1, 2, and 3. Also complete Rem 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 1 space permits. 1. Article Addressed to: Mr. Ogden H. Johnson P O Box 15014 New Bern, NC 28560 A. ❑ Agent B. Received 6OPirtged Alarm l IC. Date of D. Is deliver address different from hem 17 ❑ Yes If YES, enter delivery address below: 11 No II 3. Service Type 7-- ❑ Certified Mail ❑ Express Mail ❑ Registered ❑ Rearm Receipt for Merchandise ❑ Insured Mail ❑ C.O.D. 4. Res6kted Delivery! Fxtm Feel ❑ yes 2. Article Number (Transfer from sets 71105 1160 0003 1590 5511 PS Form 3811, February2004 Dornestic Return Receipt 102595-02 M I �� UNITED STATES POSTAL SER\n `.Gti' SPGtd35 Mail�_ F ,,, ( Postage & Fees Paid Y USPS Permit No. G-10 • Sender: Please print your name, address, and ZIP+4 in this box N.C. Division of Coastal Management 400 Commerce Avenue Morehead City, N.C. 28557 808-2808 a•at 1=oV�a I„I,II,J„I,I,,I,1.1..,1.,11„1„1„I,I,.,fill ... 11..... lilt ■ 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: Mr. Ogden H. Johnson P O Box 15014 New Bern, NC 28560 A Signature X olmd- ❑ Agent B. ReoelvedJ&(. Name) C. Dat of Dy1wery D. M deliv address different hom item 11 ❑ Yes If YES, enter delfvery address below: ❑ No 3. SWAM Type " YVI 13 Certified Mall ❑ Express Mail ❑ Registered ❑ Retum Receipt for Merchandise ❑ Insured Mail ❑ C.O.D. 4. Restricted Delivery'1(Fxtra Fee) ❑ yes 2. A fide Number (Pansfer from service 7005 1160 0003 1590 5443 PS Form 3811, February 2004 DomesW Retum Receipt + z 02-May-06 NC DIVISION OF COASTAL MANAGEMENT ENFORCEMENT RECORD '. CASE NUMBER LAST NAME FIRST NAME BUSINESS NAME. 0 06-12C IJOHNSON ...._ OGDEN r3 CASE IS CLOSED ' Previous Violations in Same ❑ NOV DATE CLOSURE DATE Elapsed Days gFFLILIATION SECTOR AEC for Similar Activities 4(6/2006 -IS 1PROPERTY OWNER 1COMMERCIAL MAILING ADDRESS CITY STATE ZIP CODE PHONE NUMBER POB 15014 SMYRNA NC 28579- (252) 633-4295 PROPERTY ADDRESS COMMUNITY WATERBODY NEAREST ROAD 178 MILL POINT LANE IWILLISTON IWADE CREEK JPWY 70 E DISTRICT OFFICE COUNTY DCM REPRESENTATIVE LPO CONTACT MHCDO CARTERET 1BARRETT �— VIOLATION TYPE AFFECTEDAECfS). ❑ CW ❑ EW ❑ PTA © ES ❑ PTS MAJOR LAMA ❑ OEA ❑ HHFA ❑ IHA ❑ PWS ❑ NCRA NATURE OF VIOLATION AEC DESCRIPTION PNA,ORW uthorized major development by grading and cent to Jarrett Bay. RESTORATION STATUS 11 ❑ RESTORATION NOT REQUIRED- CONTRACTOR f 11 RESTORATION NOT REQUIRED - PERMITTABLE DEVELOPMENT RESTORATION NOT REQUIRED- FURTHER IMPACTS ' RESTORATION PENDING that is contiguous with Wade Creek RESTORATIONREQUESTDATE COMPLETION DATE I �u RESTORATION EXTENDED RESTORE DATE ❑ DEADLINE EXTENDED ❑ REFERRED TO AG'S OFFICE - INJUNCTION INJUNCTION REFER DATE: I ❑ REFERRED TO AG'S OFFICE - COLLECTION COLLECTION REQUEST DATE: F— ASSESSMENT DATE PENALTY AMOUNT COLLECTION DATE AMOUNT COLLECTED PENALTY STATUSi 4/17/2006 6 $500 4/26/2006 $500 �] PENALTY ISSUED ❑ WILLFUL &INTENTIONAL PENALTY (MIN. OR DOUBLED) ❑ PENALTY NOT ISSUED ❑ CNOV ISSUED �CNOV DATE El❑ CONRACTOR'S FIRST OFFENSE PENALTY APPEALED APPEAL DATE ❑ FORMAL CPA ISSUED F FORMAL CPA DATE ❑ SETTLED. AGREED UPON, STIPULATED PENALTY FSETTLEMENT DATE ❑ UNCOLLECTIBLE PENALTY f—UNCOLLECTIBLE DETERMINATION DATE Violations Involving Adversely Impacted Resources AMOUNT OF ADVERSELY DISTURBED AREA (SQ. FT.) AMOUNT OF RESTORED AREA (SQ. FT) I" NOTES -- 'IVyC. Division of Coast U-A °406Commerce Aven IIIII IIII Morehead City, NC 2'�—'-• 1111 �4:b`0"$t'Si0-3L-6!'d • ^� j $4.64O METER ' # 60 0003 1590 5474 i C)_ - HPR 07 06mr 381168E den. Johnson _ a y� r (/V 0 HBox 15014 0� n /1ADDRESS / v v ry 4 A ❑INSUFFICIENT ADO OW G�/•�L`J `e QQL NOTSUC TEO NSTREET OTHER $ ❑NOT DELI A8 AS ADDRESSED • UNABLE T"ORWARD '7:15 ta�s�• :' _��+•_i hJ�II„i��I�L�I�LL„I��i1�d��L� „1111H,1��T„�H�1 ■ 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 1 space permits. 1. Article Addressed to A. Signature X ❑ Agent B. Received by (Printed Name) I C. Date of Delivery D. Is delivery address di5erent from Item 1? L] Yes If YES, enter delivery address below: ❑ No Mr. Ogden H. Johnson P O Box 15014 3. Service Type Smyma NC 28579 n_r ❑ Certified Mail ❑ Express Mail ❑ Registered ❑ Return Receipt for Merchandise ❑ Insured Mail ❑ C.O.D. 4. Restricted Delivery? (&" Feel ❑ Yes 2. Article Number 7DD5 1160 OOD3 159a 5474 (fnvrsler hom service label) PS Form 381 1, February 2004 Domestic Return Receipt 1025e6-02-M-15ao