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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: t g, THCM.aS �iE S E Is f N 17;g S;R�Eru.E,ai= Lave TAKAIAOxu cLLf-- %y ❑ Agent ❑ Addre C. D. Is delivery address different from item 17 U Ye: If YES, enter delivery address below: ❑ No 3. srvk led Mail' O PReceipt Express" ❑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 eem-'MHIp Crrw 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 op,W nlBelrY