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HomeMy WebLinkAbout14-19D Grabolw Pat McCrory Governor A=4,A IC M R North Carolina Department of Environment and Natural Resources NOTICE OF VIOLATION October 31, 2014 CERTIFIED MAIL 70110110 0000 9947 2284 RETURN RECEIPT REQUESTED Edna Grabol 3808 Lacosta Way Raleigh, NC 27610 RE: NOTICE OF VIOLATION AND REQUEST TO CEASE UNAUTHORIZED DEVELOPMENT CAMA MINOR VIOLATION #14-19D Dear Ms. Grabol: John E. Skvarla, III Secretary This letter confirms that on October 21, 2014, 1 met with your contractor onsite at your property located at 6058 6th street adjacent to a canal off of the Atlantic Intracoastal Waterway (AIWW) located in Surf City, Onslow County, North Carolina. The purpose of the visit was to investigate unauthorized development of deck expansion within the 75 ft. Estuarine Shoreline Area of Environmental Concern. This letter also confines my phone conversations with Mr. St€ve Padgett, Building Inspector for the Town of Surf City, and your contractor, Mr. Robert Baxter, regarding this matter. 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 Area of Environmental Concern without first obtaining a permit 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 have undertaken, or are legally responsible for, minor development by construction of a roof covered deck measuring 25 ft. in width by 13 ft. in length (325 sq. ft.) on the aforementioned property. This activity took place in the Estuarine Shoreline AEC that is contiguous with the AIWW. Estuarine Shoreline areas are designated as Areas of Environmental Concern (AEC). No 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 I request that you immediately CEASE AND DESIST any further development and provide the following information to our office. Once this information has been received and reviewed by our office, a response with be generated informing you whether or not you may resume your plan of development. Please provide a detailed site plan showing all structures as they existed prior to the initiation of the aforementioned work. Please provide a detailed site plan showing all proposed development to including, but not limited to: new roof(s), roofed covered porches, decks, walkways, etc. RECEIVED 127 Cardinal Drive Ext., Wilmington, North Carolina 28405-3845 NOV 0 6 7014 Phone: (910) 796-7215\ FAX: 910-395-3964 \ Internet: www.n000astalmanagement.net DCM-MHD CITY An Equal Opportunity \ Affirmative Action Employer— 50% Recycled \ 10% Post Consumer Paper • Please provide letter of no objection from the two adjacent property owners located on either side of your property. The applicable fors for mailing are included for your convenience. A civil assessment of up to $1,000 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 $1,000. An injunction or criminal penalty may also be sought to enforce any violation in accordance with N.C.G.S. 113A-126. It is the policy of the Coastal Resources Commission to levy a civil assessment not to exceed $1,000 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. Whether a higher amount will be assessed will depend on several factors, including the nature and area of the resources affected and the extent of the damage to them Based upon the North Carolina Administrative Code, Title 15A, Subchapter 07H. State Guidelines for Areas of Environmental Concern, the activity you have undertaken, construction of a 325 sq. ft. roof covered deck in the Estuarine Shoreline AEC, appears consistent with Section 15A NCAC 07H .0209 Coastal Shorelines. Therefore, I am not requesting restoration at this time. 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. 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 perit(s). /Sincerely, Tara MacPherson Field Specialist Division of Coastal Management Cc: Debbie Wilson, District Manager, DCM Roy Brownlow, Compliance and Enforcement Coordinator, DCM Jason Dail, LPO RECEIVED Nov 0 6 7014 DCM-MHD Crry 127 Cardinal Drive Ext., Wilmington, North Carolina 28405-3845 Phone: (910) 796-7215\ FAX: 910-39"964 \ Internet: www.ncDoastalmanagement.net An Equal Opportunity \ Affirmative Action Employer— 50% Recycled \ 10% Post Consumer Paper Send to: Roy Brownlow, Compliance and Enforcement Coordinator, DCM DCM Compliance and Enforcement Representative LOCAL PERMIT OFFICER ENFORCEMENT REPORT FOR MINOR VIOLATIONS CASE NO. (Obtain from DCM office): ( PERMIT NO, (If Applicable): LPO'S NAME: ��� n ` ' LOCALITY: JK it k 1 �— COASTAL MANAGEMENT REPRESENTATIVE: RESPONDENT'S NAME: (h l/)U MAILING ADDRESS: CITY: UkAO& STATE: ZIP: PHONE NO.: 1 COUNTY: NEAREST/ADJACENT WATER BODY:f PREVIOUS VIOLATIONS (CHECK LOCAL FILES AND CALL DCM OFFICE): NO YES ❑ nATG nP FAIFr1Rr FMFNT I FTTFR- VIOLATION TYPE: [,MINOR CAMA ❑ VIOLATION OF PERMIT CONDITIONS/SPECIFICATIONS ❑ STOP WORK ORDER (WORK IN PROGRESS) 1,�,� ( Q 0q) RESTORATION REQUIRED: DYES &NO DATE REQUIRED FOR COMPLETION:_ DATE RESTORATION COMPLETED - SITE INSPECTION DATE: RECEIVED or PERMIT ISSUE DATE: AEC TYPE: ESTUARINE SHORELINE PUBLIC TRUST SHORELINE DCM-MHD CITY OCEAN ERODIBLE AREA HIGH HAZARD FLOOD AREA ❑ INLET HAZARD AREA ❑ UNVEGETATED BEACH AREA FOR DCM OFFICE USE ONLY RECOMMENDED ASSESSMENT AMOUNT:$ 9,00 DATE REPORT RECEIVED: DATE OF ASSESSMENT LETTER: AMOUNT RECEIVED: REFERENCE: 7J. 0409 C GJ) A ASSESSED AMOUNT: $ DATE PAYMENT RECEIVED: CLOSURE DATE WILLFUL AND INTENTIONAL PENALTY: ❑ (ATTACH DOCUMENTATION) Send to: Roy Brownlow, Compliance and Enforcement Coordinator, DCM DCM Compliance and Enforcement Representative LOCAL PERMIT OFFICER ENFORCEMENT REPORT FOR MINOR VIOLATIONS L� — � CASE N0. (Obtain from DCM office): i PERMIT N0. (If Applicable): �\� LPO'SNAME: ��� \k LOCALITY: �I�(,( -.C� COASTAL MANAGEMENT REPRESENTATIVE: STATE: UL— ZIP: NEAREST/ADJACENT WATER BODY: PREVIOUS VIOLATIONS (CHECK LOCAL FILES AND CALL DCM OFFICE): nATC nC CAICf1W MACAIT I CTTCR- VIOLATION TYPE: MINOR CAMA ❑VIOLATION OF PERMIT CONDITIONS/SPECIFICATIONS 172- 0q ❑ STOP WORK ORDER (WORK IN PROGRESS) RESTORATION REQUIRED: ❑YES &NO DATE REQUIRED FOR COMPLETION: DATE RESTORATION COMPLETED - SITE INSPECTION DATE: or PERMIT ISSUE DATE: AEC TYPE: ESTUARINE SHORELINE ❑ PUBLIC TRUST SHORELINE OCEAN ERODIBLE AREA HIGH HAZARD FLOOD AREA INLET HAZARD AREA ❑ UNVEGETATED BEACH AREA FOR DCM OFFICE USE ONLY RECOMMENDED ASSESSMENT AMOUNT: $ • 0k U o DATE REPORT RECEIVED: DATE OF ASSESSMENT LETTER: 1� REFERENCE: 7J. 0409 (el), A) I ASSESSED AMOUNT: $� DATE PAYMENT RECEIVED: AMOUNT RECEIVED: CLOSURE DATE WILLFUL AND INTENTIONAL PENALTY: ❑ (ATTACH DOCUMENTATION) RECEIVED DEC. 1 1 7nte DCM-MHD CITY Pat McCrory Governor YkA K IOCDN North Carolina Department of Environment and Natural Resources Division of Coastal Management December 1, 2014 CERTIFIED MAIL 70110110 0000 99471461 RETURN RECEIPT REQUESTED Ms. Edna Grabol 3808 Lacosta Way Raleigh, NC 27610 RE. CANA VIOLATION #14-19D Dear Ms. Grabol: John E. Skvarla, III Secretary This letter is in reference to the Notice of Violation dated October 31, 2014 that Jason Dail, Acting Local Permit Officer for the Town of Surf City, issued to you for unauthorized deck expansion at 6058 6th street, Onslow County. The violation involved the Estuarine Shoreline AEC, which is an Area of Environmental Concern designated by the Coastal Resources Commission. Based upon the receipt of a detailed site plan and adjacent property owner notifications, the information requested appears to be complete to the satisfaction of the Local Permit Officer. 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 the opportunity to request a hearing on the penalty or request settlement of the penalty. RECEIVED 127 Cardinal Drive Ext., Wilmington, North Carolina 29405-3845 DEC 1 1 2014 Phone: 910-796-72151FAX: 910-39539641Internet: www.nocoastalmanagement.net DEM-MHDelTy An Equal Opportunity \ Affirmative Action Employer - 50% Recyded 110% Post Consumer Paper Ms. Edna Grabol ' December 1, 2014 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, n A J Debra Wilson District Manager Enclosures Tm/Dw cc: Roy Brownlow, Compliance Coordinator, DCM Jason Dail, Local Permit Officer Steve Padgett, Town of Surf City RECEIVED DEC 11 7n1{ DCM-MN© CITY 127 Cardinal Drive Ext., Wilmington, North Carolina 28405-3845 Phone: 910-796-72151FAX: 910-395-396411ntemet: www.nocoastalmanagement.net An Equal Opportunity 1 Affirmative Action Employer— 50% Recycled 110% Post Consumer Paper F� NCDENR North Carolina Department of Environment and Natural Resources Division of Coastal Management Pat McCrory, Governor December 10, 2014 Ms. Edna Grabol 3808 Lacosta Way Raleigh, NC 27610 John E. Skvarla, III Secretary RE: Closure Letter Payment of Proposed Penalty for Violations of the Coastal Area Management Act, Committed in Onslow County CAMA Violation #14-19D Dear Ms. Grabol: This letter will acknowledge receipt of your check #7285, in the amount of $200.00, dated December 7, 2014. Once the amount is credited to the Department of Environment and Natural Resources' account, 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, I n � r� Debra D. Wilson District Manager DDW/ph CCU Roy Brownlow, Compliance Coordinator Jason Dail, Local Permit Officer Steve Padgett, Town of Surf City 127 Cardinal Drive Ext., Wilmington, NC 28405 Phone: 910-796-7215 \ FAX: 9103953964 Internet: www,nccoastalmanagament.net RECEIVED DEC 1 5 7n'" DCM-MHD CITY An Equal Opportunity 1 Afirmative Action Employer Ms. Edna Grabol 'December 1, 2014 Page 3 CAMA VIOLATION #14.19D Ms. Edna Grabol 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 et seg, committed on or near my property located at 6058 61h 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 October 31, 2014, and agree to pay the proposed civil assessment of $200. y-�a�� DATE TELEPHONE NUMBER RECEIVED DEC 15 7011 DCM-MHD CITY RECEIVED DCM WILMINGTON. NC 127 Cardinal Drive Ext., Wilmington, North Carolina 28405-3845 n i _ 014 Phone: 910-796-72151 FAX: 910-395-39641 Intemet: www,ncoDastaimanagement.net An Equal Opportunity 1 Affirmative Action Employer — 50% Recycled 110% Post Consumer Paper