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Home My WebLink About17-21D Anderson(f Coastal Management ENVIRONMENTAL OUALRV October 16, 2017 Certified Mail 7016 0910 0000 6171 4890 RETURN RECEIPT REQUESTED Keith Anderson 115 Grant Street Sneads Ferry, NC 28460 RE: CANA VIOLATION 017--21D Dear Mr. Anderson: ROY COOPER Governor MICHAEL S. REGAN Secretary BRAXTON C. DAVIS Director This letter is in reference to the Notice of Violation dated September 5, 2017 that Jason Dail, representative for the Division of Coastal Management, issued to you for unauthorized bulkhead installation adjacent to Stump Sound at 115 Grant Street, Onslow County. The violation involved Estuarine Shoreline Area, 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 $10,000 plus investigative costs 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 $464 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 $464 made payable to the North Carolina Department of Environmental Quality (NCDEQ); 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 the opportunity to request a hearing on the penalty or request settlement of the penalty. RECEIVED OCT 19 2017 State of North Carolina I Environmental Quality ; Coastal Management D C M v ' "" H D CITY Wilmington Office 1 127 Cardinal Drive Extension I Wilmington, North Carolina 28405 9107%7215 Mr. Keith Anderson October 16, 2017 Page Two 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 Tm/Dw Enclosures cc: Roy Brownlow, Compliance Coordinator, DCM Jason Dail, Coastal Management Representative, DCM Sammie Rogers, Onslow County LPO DECEIVED OCT 19 2017 DCM- MHD CITY State of North Carolina ! Environmental Quality 1 Coastal Management Washington Office 1 943 Washington Square Mall I Washington. North Carolina 27889 252 946 6481 CAMA VIOLATION #17.21 D Keith Anderson AGREEMENT TO PAY PROPOSED CIVIL ASSESSMENT I understand that the staff of the Department of Environmental Quality will propose the assessment of a civil penalty in the amount of $464 against me for violation of the Coastal Area Management Act, NCGS 113A- 100 et seg, committed on or near property located at 115 Grant Street in Onslow County, North Carolina. In orderto 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 September 5, 2017, and agree to pay the proposed civil assessment of $464. DATE SIGNATURE ADDRESS II�IA�,7[eLl�►llJr�ll�� State of North Carolina 1 Emironmental Quality I Coastal Management Washington Office 1943 Washington Square Mall I Washington. North Carolina 27889 252 946 6481 RECEIVED OCT 19 2017 DCM- MHD CITY" ROY COOPER Gommor Ob Rif Coastal Management ENVIRONMENTAL QUALITY October 25, 2017 Keith Anderson 115 Grant Street Sneads Ferry, NC 28460 MICHAEL S. REGAN Secretary BRAXTON DAVIS Director RE: Closure Letter Payment of Proposed Penalty for Violations of the Coastal Area Management Act, Committed in Onslow County CAMA Violation #17-21D Dear Mr. Anderson: This letter will acknowledge receipt of your check # 1447, in the amount of $464.00 for the Notice of Violation dated September 5, 2017 issued by Jason Dail, representative for the Division of Coastal Management, for the unauthorized bulkhead installation at 115 Grant Street, in Sneads Ferry, Onslow County, North Carolina.'Once the amount is credited to the account of the Department of Environmental Quality, this matter will be fully and completely closed. Thank you for your cooperation in resolving this violation. If you have any further questions concerning this matter, please contact me at the Wilmington Regional Office, (910) 796-7215. Sincerely, n Q � Debra D. Wilson District Manager sks/dw cc: Roy Brownlow, Compliance Coordinator Jason Dail, Coastal Management Representative, DCM RECEIVED OCT 2 7 2017 DCM- MHD CITY State of North Carolina I Environmental Quality I Coastal Management 127 Cardinal Drrve Ext., Wilmington, NC 28405 910-796-7215 CAMA VIOLATION #17.21D Keith Anderson AGREEMENT TO PAY PROPOSED CIVIL ASSESSMENT I understand that the staff of the Department of Environmental Quality will propose the assessment of a civil penalty in the amount of $464 against me for violation of the Coastal Area Management Act, NCGS 113A- 100 et sec, committed on or near property located at 115 Grant Street in 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 letter dated September 5, 2017, and agree to pay the proposed civil assessment of $464. a� oCt i7 DATE SIGNATURE ADDRESS Al 1�iD ,_ 391 7- 9-;a/ TELEPHONE NUMBER �L ?Ct'NED 2017 ors; fd'b'® CITY RECEIVED State of North Carolina I Environmental Quality''. Coastal Management DCM WILMINGrON, NC Washington Office 943 Washington Square Mall I Washington. North Carolina 2788q 2529466481 Or` [ 2 3 2017 DCM ENFORCEMENT TRACKING REPORT issyj[er Violation Case No. -Field Rep. ? n Corpl"once Pernit No. LPG (Napplicable) LPJ t Violation DescriptioA�tN asactvty ermittable Yes/ Initial Discovery Date! D scovery Me od Violation DBscriotion Ill l t i tllA.i n i k Ut-M!- ' /I AL%LL& Respondent Name rs)(s) 1 Address � Phone # `7 /U — Corporate Name & Registered agent orDIF Violdbrg-.Yes/No ) Prior Case No: Zq Fax #/Email L/l/ Violation Type: Project Type: Author¢ationsRequired: Site Visits Respondent Site Visits Respondent Ret Resent No Parmit �Rivate/Cormwnity Q Major MA CAMA �] t/—!`�l� � ❑, PeriitCondition Govt/Public Nlinor D&F Ydll Q: Expired Permit Q Commercial General El Q Inconsistentw/Rules Tier Level: I 11 III Violation Location and Site D script; Project Location: County Street Address/ State Road/Lot#(s) L.aftiong Shoreline Length SAV: Not Sure as N Sandbags: Not sure No PNA Yes 1,11. Adjacent ORW Yes ti Adjacent City ZIPW(nat/an Grit. Hob. Yes o Phone # ( _).,. River BasiPhotos 6/1 �A-� Adj. VVtr.Body WaiverRequired 'es (✓ ) In DWQ BufferArea Yes ClosestMaj. Wtr. Body yJ Specify DVWlBuffer ifapplicable: Restoration I Extension Granted Yes No c� NOV Date "J Initial Req. Comp. Date Restoration Letter CNOV Date Date Comp. Observed Acceptance Date Penalty Assessment Sent to Respondent Date 4117-Y//� Rcvd. by Dist Mgr. Date Assessment Extended Yes No IREGEIVI OCT 2 7 ZO 09 Pet. Recomm. Assess. DCM Assess. $ $ $ $ gi$7JO41, $ $$ $ $ (/ �j $ otal Formal Assessments, Appeals and Reductions Date Long Form Submitted AssessmentAppealed:YesNo Date Formal CPA Submitted _ E. Penalty modified Final Assessment$ Date Attomey General's Office I'or Injunction or Formal Collection Date sentto AG Respondent not responsive to penalty/NOV F Injunction to corrplete restoration Date Collection Letter Sent Data Demand Letter Sent Violation ActiHties and Impacts ,'� AECsAffected- Wetlands trpacted?Ye�r/No J If yes, w hichtypes: CW EW PTA E PTS t,) OEA HHF IH UBA WA SA IDS CJ SY JR LS TY PWS: FC: SS SC SP IF BF 404 Payment Received $ qtD (4, 0 0 Date 1 11� 3 —1 Date Case Closed 1 � ' � � — / / Coastal Management ENVIPONMENTAL QUALITY NOTICE OF VIOLATION 9/5/2017 CERTIFIED MAIL 7014 2120 0000 8055 4614 RETURN RECEIPT REQUESTED ROY COOPER Governor MICHAEL S. REGAN Secrvfory BRAXTON C. DAVIS Director RECEIVED SEP 0 6 2017 Keith Anderson DCM- MHD CITY 115 Grant Street Sneads Ferry, NC 28460 RE: NOTICE OF VIOLATION AND REQUEST TO CEASE UNAUTHORIZED DEVELOPMENT CAMA VIOLATION #17-21 D Dear Mr. Anderson: This letter confirms that on 8/3112017, 1 was onsite at your property located at 115 Grant Street adjacent to the Atlantic Intracoastal Waterway and Stump Sound, located in or near Sneads Ferry, Onslow County, North Carolina. The purpose of the visit was to investigate unauthorized development of bulkhead installation within the waters of Stump Sound. 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 Environmental Quality. This requirement is imposed by North Carolina General Statute (N.C.G.S.) 113A-118. I have information that indicates you have undertaken or are legally responsible for replacement of approximately 155 linear feet of bulkhead, along the landward side of the existing bulkhead, on the aforementioned property. This activity took place in Estuarine Shoreline AEC that IS contiguous with the waters of Stump Sound. The Estuarine Shoreline areas are designated as Areas of Environmental Concern '(AEC). No CAMA 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 and the State's Dredge and Fill Law. I request that you immediately CEASE AND DESIST any further development and contact me about this matter. A civil assessment of up to $10,000 plus investigative costs 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 $10,000. An injunction or criminal penalty may also be sought to enforce any violation in accordance with N.C.G.S. 113A-126. State of North Carolina I Environmental Quality Coastal Management Wilmington Office 1 127 Cardinal Drive Extension 1 Wilmington, North Carolina 28405 910 79672t5 Mr. Keith Anderson Page Two 9/5/2017 It is the policy of the Coastal Resources Commission to assess a civil penalty plus investigative costs against all violations. This is done to recoup some of the costs of investigating the violation and/or to compensate the public for any damage to its natural resources. The amount assessed will depend upon 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. 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 (910) 796-7215. 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, ? az; Jason Dail Coastal Management Representative Cc: Debra Wilson, District Manager, DCM Roy Brownlow, Compliance Coordinator, DCM Sammie Rogers, Onslow County LPO State of North Carolina I Environmental Quality I Coastal Management 127 Cardinal Drive Ext., Wilmington, NC 28405 919 796 720 • DCM ENFORCEMENT TRACKING REPORT Initial Discovery Date \ Discovery Violation Wcriotion A,±n.."AIt V A or Respondent Nar e(s) Address "t I Phone # `710 — Violation Case No. to Permit No. ('If applicable) activity city �� ,} ate / Zip Fax #/Email U Corporate Name & Registered agent Violation Type: Project Type: Authorizations Required: Site Visits Respondent Site Visits Respondent �[ Pre_ sey t Present No Permit NI R'Ivate/Conmunily, C7 Major G4MA Permit Condition Govt./Public Minor D&F a �I Expired Parmit C]; Commercial IV General Q Inconsistent w/Rules Tier Level: I 11 III Violation Location and Site D script; �nYnJ%C�i++ LaULong Project Location: County 1 Shoreline Length Street Address/ State Road/ Lot #(s) SAV: Not sure Yea N Sandbags Not sure Y�.� No pNA: /Yves No Adjacent SUbdN1310n ORW.. Yes No Adjacent City7Body ZIP Crit.Hab. Yes o PhonRiver Basin Photos Adj. (nat/ an/unlm) WaiverRequiredIn DWO BufferArea YesCbsody -- Spedfy CVQ Bufferif applicable: Restoration Extension Granted Yes No NOV Date _ CNOV Date Penalty Assessment Sent to Respondent Date Rcvd. by Dist. Mgr. Date Assessment Extended Yes No (RECEIVED SEP p f Z017 Initial Req. Cony. Date Date Cone. Observed WitfuVlntent. Restoration Letter Acceptance ate 7J.040WRacorrrn.Assess. s. Total Formal Assessments, Appeals and Reductions Date Long Form Submitted Date Formal CPA Submitted Final Assessment S Attorney General's Office for Injunction or Formal Collection Date sentto AG AssessmentAppealed: Yes No 0. Penalty modified Respondent not responsive topenalty/NOV Injunction to complete restoration Date Collection Letter Sent Date Demand Letter Sent Violation Activities and Impacts AECsAffected- Wetlands lnpacted?Ye No If yes,whichtypes: CW EW PTA E PTS OEA HHF IH LEA N/A SA DS CJ SY JR LS TY PWS: FC: SS sc SP IF BF 404 Restoration Required by the Respondent nexcess I Dimensionsto restore I Flnalmmansions I Actually restored ized activities allowed NOTES: Closing Payment Received $ Date Date Case Closed