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Home My WebLink About17-20D Elder1 � — Coastal Management ENVIRONMENTAL QUALITY October 16, 2017 International Registered Mail RETURN RECEIPT REQUESTED Evelyn Elder 72186 Airport Line Exeter Prov., Ontario Canada NOMIS4 RE. CAMA VIOLATION #17-20D Dear Ms. Elder: 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 113 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. 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. RECEIVED OCT 2 4 2017 State of North Carolina I Environmental Quality! Coastal Management Wilmington Office !. 127 Cardinal Drive Extension Wilmington, North Carolina 28405 DC M- M H D CITY 4107967215 , ,. 4 Ms. Evelyn Alder October 16, 2017 Page Two Sincerely, �J Debra Wilson District Manager Enclosures cc: Roy Brownlow, Compliance Coordinator, DCM Jason Dail, Coastal Management Representative, DCM Sammie Rogers, Onslow County LPO RECEIVE® 00 24 2017 DCM- MHO CITY State of North Carolina I Environmental Quality I Coastal Management Washington Office ! 943 Washington Square Mall I Washington, North Carolina 27889 2529466481 CAMA VIOLATION #17.20D Evelyn Elder 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 113 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. DATE SIGNATURE ADDRESS TELEPHONE NUMBER State of North Carolina i Environmental Quality l Coastal Management Washington Office 1 943 Washington Square Mall 1 Washngton. North Carolina 2788q 252 946 6481 RECEIVED OCT 2 4 2017 DCM- MHD CITY Coastal Management ENVIRONMENTAL QUALITY NOTICE OF VIOLATION 9/5/2017 CERTIFIED MAIL 7014 2120 0000 8055 4645 RETURN RECEIPT REQUESTED Evelyn Elder 72186 Airport Line Exeter Prov., Ontario Canada NOMIS4 ROY COOPER CV"I MICHAEL S. REGAN Seaetwy BRAXTON C. DAVIS Diraaar RECEIVED SEP 06 2017 DCM- MHD CITY RE: NOTICE OF VIOLATION AND REQUEST TO CEASE UNAUTHORIZED DEVELOPMENT CAMA VIOLATION #f7.20D Dear Ms. Elder: This letter confirms that on 8/31/2017, 1 was onsite at your property located at 113 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.) 11 3A-1 18. 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 I Coastal Management Wilmington Office 1127 Cardinal Drive Extenslon I Wilmington, North Carolina 28405 910796745 Ms. Evelyn Elder Page Two 9/1 /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, ason Dail Coastal Management Representative Cc: Debra Wilson, District Manager, DCM Roy Brownlow, Compliance Coordinator, DCM Sammie Rogers, Onslow County LPO State of North Caroline I Environmental Quality I Coastal Management 127 Cardinal Dries Eort., Wilmington, NC 28405 919 796 7215 DCM ENFORCEMENT TRACKING REPORT n I • Viol AS Tr ation Case No. 1ance Rep. Ain Pernit No. IIIIIIIII Violation Description Was activity Initial Discovery Date Discovery Method ti Violation DiAcriotion. A ft" Kesponoent Intormation K rLANW orDirvjolati ns—revim RespondentName(s) Address y 1 Phone # Fax #/Snail Corporate Name & Registered agent Violation Type: iroject Type: Authorizations Re wired: Site Visits Respondent Site Visits Respondent Resent Resent No Pernit Private/Community Major CAMA (2I�I AM Pen it Condition Govt./Public Mnor D&F Expired Pernit Commercial General Ey Q Inconsistentw/Rules Tier Level: 1 II III Violation Location and Site Descri tion' LaULong Project Location: County ShorelineLength _ Street Address/StateRoad/Lot#(s) vim SAV: Not sure Yes Sandbags Not sure Yes No PNA es Now Adjacent Subdivision 1 ORW.. /No / Adjacent ZIP,0 Git. Hab. Yes No Phone River Basin r Photos N Adj. Mr. Body net/ an/unlvi) Wai%srRequlred Yes In DWQ BufferArea Yes No ClosestWj. Mr. Body Specify DNA Bufferif applicable: Restoration Extension Granted Yes No NOV Date Initial Red. Cone. Date Restoration Letter CNOV Date Date Comp. Observed Acceptance Date Penalty Assessment Sent to Respondent Date Penalty Rcvd. by Dist Mgr. Date AssessmentFxtended Yes No Continuing RECEIVE vestigath SEP 0 6 2017 7J.0409 Pat. Recomn. Assess. DCM Assess. $ $ $ 1 $ $ $ $ X is Total Jl cm- MHD CITY Formal Assessments, Appeals and Reductions 94„ Date Long Form Submitted AssessrinantAppealed: Yes No ^ Date Formal CPA Submitted �. Penalty modified Final Assessment$ Date Attorney General's Office for Injunction or Formal Collection Date sent to AG Q Respondent not responsiveto penalty/NOV injunction to complete restoration Date Collection Letter Sent Date Demand Letter Sent Violation ActMties and Impacts AECs Affected: Wetlands Impacted? Y 4D If yes, w hichtypes: CW EW PTA ES PTS OEA HHF IH BA N/A SA DS CJ SY JR LS - TY PWS: FC: SS SC SP IF BF 404 NEWS a m �,� '�' 'S� �.�i+�,.� 'l" = �'�"S —A 02�11& Man NOTES: Closing Payment Received $ Date Date Case Closed ci,'j ��'yp Coastal Management ENVIRONMENTAL QUALITY November 9, 2017 Evelyn Elder 72186 Airport Line Exeter Prov., Ontario Canada NOMIS4 ROY COOPER Governor 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 #17-20D Dear Ms. Elder: This letter will acknowledge receipt of your check #359436, 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 installation of a bulkhead at 113 Grant Street, in 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. Please note that we have not received your signed Agreement form but understand your will be mailing it to us asap. 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, RECEIVED (� NOV 21 2017 Debra D. Wilson District Manager DCM- MHD CITY sks/dw cc: Roy Brownlow, Compliance Coordinator Jason Dail, Coastal Management Representative, DCM State of North Carolina I Environmental Quality I Coastal Management 127 Cardinal Drive Ext, Wilmington, NC 28405 910-796-7215 �- II -- DCM ENFORCEMENT TRACKING REPORT t tasuer Field Rep. Violation Case No. t t (ri" V\ � Compliance Rep. - n I] Permit No. Y 6i:LPJ i. Violation Description Was activity permdtable Yes / Initial Discovery Date Discovery Method Violation crption A I kN 1, oil Respondent Information Pr' r CA MIA orDIF Vjolati a /No Prbr Case No: RespondentName(s) ( now Agent/Contractor Address V State Phone # Fax #Snail Corporate Name & Registered agent - Violation Type: Project Type: Authorizations Re wired: Site Visits Respondent site Visits Respondent Resent Resent No Permit Private/CommunityQ Major CAM470 i— Permit Condition Govt/Public A Minor D&F '`"`�� u apired Permit Q Commercial j General Q Inconsistentw/Rules Tier Level: 1 II III Violation Location and Site Description` f LaULong Project Location: County Shovel i ne Length Street Address/ State Road/ Lot #(s) v, SAV: Notsure Yes Sandbags Not Sure �Yje�s'� No PNA; /Yes 1 No Adjacent Subdivision t�KeS/ ORW. o Adjacent i Cyh ZIP 3LIk 4 k Crit.Hab. Yes No Phone # ( _).,. Pover Basin Photos as N Adj. Mr. Body nat/ an/unlm) WaiverRequired Yes 1 In DWQ Buffer Area Yes (( No Closest Maj. Wtr. Body V Specify DWQ Bufferif applicable: Restoration Extension Granted Yes No NOV Date Initial Req. CorrP. Date / Restoration Letter CNOV Date Date Comp. Observed _ Acceptance Date Penalty Assessment �/ Sent to Respondent Date loll (p[� Rcvd. by Dist Mgr. Date Assessment Extended Yes No RECEIVED 7J.0409 Pei. Reconm. Assess. DCM Assess. $ 1 $ $ $ $ x $ Total JCM- MHD CITY Formal Assessments, Appeals and Reductions Date Long Form Submitted Date Formal CPA Submitted Final Assessment Attorney General's Office for Injunction or Formal Collection Date sentto AG AssessmentAppealed: Yes No ❑ Penalty modified Respondent not responsive to penalty/NOV Injunction to complete restoration Date Collection Letter Sent Date Demand Letter Sent Violation Actitities and Impacts AECs Affected: CW EW OEA HHF PTA ES PTS IH BA WA Wetlands "acteVY /No 9 yes, which types: SA DS CJ SY JR LS TY Ss SC SP IF BF 404 DCM- MHD CITY Closing '�(% (/�J c�yJ r I Payment Received $ C� Date ° ` ! Date Case Closed l