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HomeMy WebLinkAbout14-13D Arrant�vf'? A I�CS R North Carolina Department of Environment and Natural Resources Pat McCrory Governor CERTIFIED MAIL 7011 0110 0000 3789 2556 RETURN RECEIPT REQUESTED October 3, 2014 Joseph and Laurette Arrant 7829 King Road Fayetteville, NC 28306 RE. STOP WORK ORDER AND NOTICE OF FAILURE TO APPLY FOR CANA PERMIT CASE#14-13D Dear Mr. and Mrs. Arrant: John E. Skvarla, III Secretary This letter confirms that on August 21, 2014 and September 30, 2014, 1 was onsite at your property located at 383 Lockwood Folly Road SE adjacent to the Atlantic Intracoastal Waterway located in the Sunset Harbor subdivision, near Supply, Brunswick County, North Carolina. The purpose of the visit was to monitor development of docking facility not authorized by a CAMA Major Development Permit within the Estuarine Waters and Public Trust Waters that are Areas of Environmental Concern. This letter also confirms our August 29, 2014 and October 3, 2014 phone conversations. Information gathered by me shows that you undertook additional major development not authorized by CAMA Major Development Permit. 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 constructing a new docking facility including a 14 feet wide by 24 feet long (336 square feet) boathouse with boatlift, a 16 feet wide by 24 feet long (384 square feet) stationary platform with a 16 feet wide and 14 feet long (224 square feet) second story and a 8 feet wide by 16 feet long (128 square feet) floating dock on the aforementioned property. This activity took place in Estuarine Waters Public Trust Waters that are contiguous with the Atlantic Intracoastal Waterway. Estuarine Waters and Public Trust Waters areas are designated as Area(s) of Environmental Concern (AEC). You are hereby requested to STOP WORK IMMEDIATELY and file the necessary application with this office for a CAMA Major Development Permit by November 10, 2014. NO WORK MAY PROCEED UNTIL THE PERMIT IS ISSUED. If you comply voluntarily, no further action will be necessary beyond the issuance of a permit. 127 Cardinal Drive Ext., Wilmington, North Carolina 28405-3845 Phone: (910) 796-72151 FAX: 910J95-39641Internet: www.nomastalmanagement.net An Equal Opportunity 1 Affirmative Action Employer— 50% Recycled 110% Post Consumer Paper RECEIVED OCT 0 8 V4 DCM-MHD Oft Joseph and Laurette Arrant October 3, 2014 Page 2 Failure to file an application or continuation of 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. Thank you for your time and cooperation in resolving this important matter. 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 STOP WORK ORDER has been complied with. I request that you contact me immediately. Si cerely, Holley Sni er Coastal Management Representative Cc: Connie Marlowe, Brunswick County Debra Wilson, District Manager, DCM Roy Brownlow, Compliance and Enforcement Coordinator, DCM Tara MacPherson, District Compliance and Enforcement Representative, DCM Tier 1 Enclosures RECEIVED OCT 08 1014 DCM-MHD CITY Jvik Lavatk f 1rntyv _ ?23c�.v UOA T'II� Qs a se T 14 skoati(QE J �So1S Fo�L�'L FAyi;�viu.,e Nc Z`b3� SC,AL,6 I : Zo jot Ft wn�T Dozier '� x Ito = 12- S &ATIi'oLT!-:E 2N- x I'} = 3310 8xlro- 12�d m �d 'T-dTAL � � I,olS 4 CIkARixs �s'U�� Nix Aff UN ►TA! ►A "rT#Z: MR' / IA','O: 10 d RF � UM Snider, Holley From: Connie Marlowe[connie.marlowe@brunswickcountync.gov] Sent: Wednesday, August 27, 2014 11:09 AM To: Snider, Holley Subject: FW: Stop work order. Sunset harbor. Attachments: photo 1.JPG; photo 2.JPG Attached is photos of stop work order posted by inspector. -----Original Message ----- From: Dawn Horne Sent: Wednesday, August 27, 2014 8:43 AM To: Connie Marlowe Cc: Kevin Somersett Subject: FW: Stop work order. Sunset harbor. Connie, Kevin posted the Stop Work Order for the dock on 8-20-14 see the photos attached. He did not enter the locked gate but he could see the work. If you want to forward this information to CAMA that is fine. Dawn -----Original Message ----- From: BrunswickIpad Verizon #28[mailto:v358771058414966@icloud.com] Sent: Wednesday, August 27, 2014 7:53 AM To: Dawn Horne Subject: Stop work order. Sunset harbor. RECEIVED OCT 0 8 7n14 DCM-MHD CITY 1 nrT 0 S 1014 DCM ENFORCEMENT TRACKING REPORT Issuer Field R/e�. ' p Violation Base No... LPO l ANNUL AG/L�VACa'.i ❑ A B C D 1V1Slt� (�( C ' . Violated Permit LPl (if applicable)) Violation Descriptipn Wa;,activity.permittable? Yes / No Initial Discovery Date '� / I L/ Il't .Discovery Method Violation Description Respondent Infor tion J�P,rior, Violatipns in sa a AEC: Yes / No Case Number -61' Respondent Name(s)1A/fie nt I !' l-_� j b� (Landowner/AgenUContractor) Address -T Phone State -RC G Zip Email t 14V/ l a' 4L-1 I Violation Type: Project Type: Authorizations Required: Site Visits Respondent Site Visits Respondent No Permit PrivatelCommunity ❑ Major CAMA Present cy Present ❑ Permit Condition ❑ Govt./Public ❑ Minor ❑ D&F D ❑ ❑ Expired Permit ❑ Commercial General ❑ ❑ ❑ Inconsistent wl Rules ❑ ❑ Violation Location and Site Description RECEIVED Rover File Project Location: County '` '� pp,, �%�Y i�l1J)a c� , Shoreline Length 5Z. 00 08 2014 Street Address/ State Road/ Lot #(s) VAIN Phone # () River Basin LUNAb.tvr Adj. Wtr. Body PawW na/l t lman /ur l Closest Maj. Wtr. Body PgWW Restoration NOV Date CNOV Date Penalty Assessment Sent to Respondent Date Rcvd. by Dist. Mgr. Date Assessment Extended Yes No Initial Req. Comp. Date I Date Comp. Observed App./Permit Fee Penalty Willful/lntent. Continuing SAV: Not Sure Yes No DCM-MHD CITY Sandbags: Not Sure Yes No PNA: Yes Adjacent ORW: Yes No Adjacent Crit. Hab. Yes o Photos Yes No Waiver Required es ' `f(o In DWQ Buffer Area Yes No Specify DWQ Buffer if applicable: Extension Granted Yes No Restoration Letter Acceptance Date 7J.0409 Ref. Recomm. Assess. DCM Assess. S S S f 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 $ _ 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 / No If yes, which types: CW EW PTA ES PTS IDEA HHF IH SA DS CJ SY 1R LS TY PWS: FC. SS SC SP IF BF 404 Restoration Required by the Respondent Yes / No Dimensions in excess Dimensions to restore Final dimensions of permit/ unauthorized activities allowed Actually restored Development Activities - Habftat Description NOTES: RECEIVED nu 0 R 20% BGe MHD GUY Closing Payment Received S Date Date Case Closed NOTES fit e vim= mm- Ltj�M M"IAVVAIGI�'# ��17 MM© .. r. �. MA MY., -- R..