HomeMy WebLinkAbout15-06D BesedinA01A
MUM
North Carolina Department of Environment and Natural Resources
Division of Coastal Management
Pat McCrory
Governor
April 8, 2015
CERTIFIED MAIL 7011 0110 0000 9947 2345
RETURN RECEIPT REQUESTED
Mr. Thomas Besedin
128 Silvedeaf Lane
Farmingvllle, NY 11749
RE. CAfAA VIOLATION #15-06D
Dear Mr. Besedin:
Donald R. van der Vaart
Secretary
This letter is in reference to the Notice of Violation that Sue McLaughlin, Local Permit Officer for Onslow County,
sent to you on January 26, 2015 for the unauthorized placement of fill at 629 Riva Ridge adjacent to Charles
Creek located in the Town of Sneads Ferry, Onslow County, North Carolina. The violation involved the Estuarine
Shoreline AEC, which is an Area of Environmental Concern designated by the Coastal Resources Commission.
The Coastal Area Management Act provides that a civil assessment of up to $1,000 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 $200 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 proposed above. 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 $200 made payable to the North Carolina Department of Environment and Natural Resources
(NCDENR); and, (3) return the signed agreement and payment to this office in the enclosed, self-addressed
envelope within ten (10) days of your receipt of this letter. Upon deposit of your check in the Department's
account, you will receive a Notice of Compliance officially closing this enforcement action.
If you do not send a signed agreement and payment to this office within ten (10) days, the Director of the Division
of Coastal Management will formally assess a civil penalty against you. You will then have th$ ffonity to
request a hearing on the penalty or request settlement of the penalty.
APR 1.12015
®eMl4rVie env
127 Cardinal Drive Ext., Wilmington, North Carolina 28405-3845
Phone: 910-796-7215 \ FAX: 910-395-3964 \ Internet: www,ncooastaimanagement.net
An Equal Opportunity \ Affirmative Action Employer— 50% Recycled \ 10% Post Consumer Paper
Mr. Thomas Besedin
'April 8, 2015
Page 2
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 (910) 796-7215.
Sincerely,
Debra Wilson
District Manager
Enclosures
Tm/Dw
cc: Roy Brownlow, Compliance Coordinator, DCM
Sue McLaughlin, Local Permit Officer
Jason Dail, Field Representative
RECEIVED
APR 13 2015
DUJI-10M0 CITY
127 Cardinal Drive Ext., Wilmington, North Carolina 264053845
Phone: 910-796-72151FAX: 910-395396411nternet: www.ncoDastalmanagement.net
An Equal Opportunity 1 Affirmative Action Employer— 50% Recycled 110% Post Consumer Paper
Mr. Thomas Besedin
'April 8, 2015
Page 3
CAMA VIOLATION #15-06D
Mr. Thomas Besedin
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 against me for violation of the Coastal Area Management Act, NCGS
113A-100 at se , committed on or near my property located at 128 Riva Ridge in the Town of Sneads Ferry,
Onslow 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 sent to me on January 26, 2015, and
agree to pay the proposed civil assessment of $200.
DATE
SIGNATURE
ADDRESS
TELEPHONE NUMBER
RECEIVED
APR 13 2015
e ml '".r1B CITY
127 Cardinal Drive Ext., Wilmington, North Carolina 284063845
Phone: 910-796.72151 FAX: 910-39539641Internet: www.nocoastalmanagement.net
An Equal Opportunity \ Affirmative Action Employer— 50% Recycled 110% Post Consumer Paper
PLANNING& DEVELOPMENT DEPARTMENT
1734
Mr. Thomas Besedin
128 Silverleaf Lane
Farmingville NY 11749
RE: NOTICE OF VIOLATION AND REQUEST TO CEASE UNAUTHORIZED DEVELOPMENT
Dear Mr. Besedin:
NW #l5—O la l�
This letter confirms that on January 5, 2015, I was onsite at your property located at 629 Riva Ridge, Sneads
Ferry, NC 28460, adjacent to Charles Creek. The purpose of the visit was to investigate unauthorized development of fill
in the thirty (30) foot buffer area and development within the seventy five (75) foot Area of Environmental Concern
(AEC).
Information gathered by me shows that you have undertaken minor development in violation of the Coastal Area
Management Act. No person may undertake minor development in a designated (AEC) without first obtaining a permit
from the North Carolina Department of Environment and Natural Resources, N.C.G.S. 113A-118.
I have information that you have undertaken or are legally responsible for minor development to include a new
retaining wall and fill brought onto the property. This activity took place in the adjacent to Estuarine Waters which are
contiguous with Charles Creek. No permit was issued to you for work in this area. Based on these finding, I am initiating
an enforcement action by issuing this Notice of Violation for the violation of the Coastal Area Management Act.
I request that you immediately cease and desist any further development and contact me about this important
matter. A civil assessment of up to $1,000.00 may be assessed against any violator.
I request that you contact me immediately about this matter. The relevant statute 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 immediate future to determine whether this request has been complied with. Upon submission of my
enforcement report to the Division of Coastal Management, you will be notified by the Division as to the amount of a civil
assessment for undertaking development without first obtaining the proper permit.
Please contact me at 910-989-3086, as soon as possible or by email at sue mclau&in@onslowcountync.gov
nc.gov
Sincerely,
uu
;�
e McLaughlin; LPO
Local Permit Officer
Cc; Division of Coastal Managment
RECEIVED
APR t v
DCM-MHO cwv
234 Northwest Corridor Blvd. ® Jacksonville, North Carolina m 28540 ® Phone: (910) 455-3661 M Fax: (910) 989-3196m OnslowCountyNC.gov
■ Complete items i; 2; and 3. Also complete
Rem 4 if Restrlcted:Melivery 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:
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❑ Addre
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If YES, enter delivery address below: ❑ No
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❑aturn Registered '.'^o•'l.�e'e�Gx�n Receipt for Merchandise
❑ Insured Mail ❑ Colfect on Delivery
4. Restricted Delivery? AD(hs f'eq ❑ Yea
2. Article Number 7014 2870 ODOO 6607 9450
(flanster fer fftromm seMrelabe(J -
PS Form 3811, July 2013 Domestic Return Receipt
RECEIVED
APR 13 1015
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Send to:
Roy Brownlow, Compliance and Enforcement Coordinator, DCM
DCM Compliance and Enforcement Representative
V LOCAL PERMIT OFFICER ENFORCEMENT REPORT FOR MINOR VIOLATIONS
CASE NO. (Obtain from DCM off- 1- -LYo.O PERMIT NO. (if Applicable): _
LPO'S NAME: ``hpr u6de+A-tOCALITY:
COASTAL MANAGEMENT REPRESENTATIVE: I Ane)2) 06 i
RESPONDENT'S NAME. 7tZW1 3 i6656413 MAILING ADDRESS:
CITY: A k STATE: -4 ZIP: t I PHONE NO.: r SSA- Z
COUNTY:
NEAREST/ADJACENT WATER BODY:
PREVIOUS VIOLATIONS (CHECK LOCAL FILES AND CALL DCM OFFICE): NO ❑ YES ❑
DATE OF ENFORCEMENT LETTER:
ADDRESSILOCATION OF VIOLATION: . (eAO UA yll 6 r ,7G.a✓Jq �2c/
VIOLATION TYPE: MINOR CAMA ❑ VIOLATION OF PERMIT
CONDITIONS/SPECIF ATIONS
❑ STOP WORK ORDER (WORK IN PROGRESS)
RESTORATION REQUIRED: )gYES ❑ NO DATE REQUIRED FOR COMPLETION: / !
DATE RESTORATION COMPLETED -SITE INSPECTION DATE:
or PERMIT ISSUE DATE:
AECTYPE: ESTUARINESHORELINE ❑PUBLIC TRUST SHORELINE
K
OCEAN ERODIBLE AREA ❑n HIGH HAZARD FLOOD AREA
INLET HAZARD AREA UNVEGETATED BEACH AREA
FOR DCM OFFICE USE ONLY
RECOMMENDED ASSESSMENT AMOUNT:: $$ L� REFERENCE: 7J. 0409
DATE REPORT RECEIVED: SS p ASSESSED AMOUNT: $
DATE OF ASSESSMENT LETTER: DATE PAYMENT RECEIVED:
AMOUNT RECEIVED: r CLOSURE DATE
WILLFUL AND INTENTIONAL PENALTY: ❑ (ATTACH DOCUMENTATION)
RECEIVED
APR 1.1 10I5
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