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Home My WebLink About23-01C - Carteret Property Holdings LLCROY COOPER Governor ELIZABETH S. BISER Secretary BRAXTON DAVIS Director NORTH CAROLINA Environmental Quality NOTICE OF VIOLATION February 1, 2023 CERTIFIED MAIL 7019 0140 0001 0233 7497 RETURN RECEIPT REQUESTED Carteret Property Holdings, LLC c/o Paul Musco 7015 S. Sound Drive Emerald Isle, NC 28594 Ote RE; NOTICE OF VIOLATION AND REQUEST TO CEASE UNAUTHORIZED DEVELOPMENT CAMA VIOLATION # 23-01C Dear Sirs. This letter confirms that on January 4, 2023, 1 was onsite at your property located at 110 West Corbett Ave adjacent to the White Oak River in Swainsboro, Onslow County, North Carolina. The purpose of the visit was to investigate unauthorized development of a third slip (with pilings) within the White Oak River. I have information that indicates you have undertaken or are legally responsible for the construction of a third slip on the aforementioned property. This activity took place along the Estuarine Shoreline and within Estuarine Waters of the White Oak River. Estuarine Shorelines and Estuarine Waters 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. No person may undertake CAMA 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. You must immediately CEASE AND DESIST any further unauthorized activities within designated Areas of Environmental Concern. 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. An injunction or criminal penalty may also be sought to enforce any violation (N.C.G.S. 113A-126). Whether a higher amount will be assessed depends on several factors, including but not limited to the degree and nature of the violation, the amount of area of the resources that were affected, and the duration of the violation. zi'ennm a :�aem.mai a„n� /"� North Carolina Department of Environmental Quality Division of Coastal Management Morehead City Office 1400 Commerce Avenue i Moorehead City, North Carolina 28557 252.515,5400 Carteret Property Holdings, LLC c/o Paul Musco February 1, 2023 Page 2 of 2 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. Upon my completion of an enforcement report, you will be notified as to the amount of a civil assessment for undertaking development without first obtaining the proper CAMA Development Permit. Thank you for your time and cooperation in resolving this important matter. If you have any questions about the relevant statutes and regulations relative to this or related matters, please contact me. I am willing to assist you in complying with the requirements of these laws. S er eather Styron District Manager, NC Division of Coastal Management cc: Paul Brown, Town of Swansboro Code Enforcement Officer/Inspector Tina Martin, DCM Tier 2 ROY COOPER Governor ELIZABETH S. BISER Secretary BRAXTON DAVIS Director Carteret Property Holdings LLC c/o Paul Musco 7015 S. Sound Drive Emerald Isle, NC,28594 RE: CAMA VIOLATION #23-01C Dear Sirs: NORTH CAROLINA Environmental Quality March 6, 2023 This letter is in reference to the Notice of Violation dated February 1, 2023 that I, representative for the Division of Coastal Management, issued to you for unauthorized development of a third slip within the white Oak River at your property located at, 110 west Corbett Ave., Swansboro, Carteret County. The violation took place within the Estuarine Waters Area of Environmental Concern, as designated by the N.C. Coastal Resources Commission. The violation involved Estuarine Waters Areas of Environmental Concern as designated by the N.C. Coastal Resources Commission (CRC). The N.C. Coastal Area Management Act provides that a civil assessment of up to $10,000 plus investigative costs may be assessed for any violation. The rules of the Coastal Resources Commission authorize the Division of Coastal Management to assess a civil penalty for CAMA violations 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, and in accordance with 15A NCAC 07J.0409, a proposed civil penalty for the major development violation in the amount of $500.00, plus an investigative cost of $38.00, for a total of $538.00, 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. To do this, you must: (1) sign the attached "Agreement to Pay Civil Assessment;" (2) attach a check or money order for $ 538.00 made payable to the North Carolina Department of Environmental Quality (NCDEQ); and (3) return the signed agreement and payment to this office within ten (10) days of your receipt of this letter. Upon deposit of your check in the Department's account, you will receive a letter from the Division of Coastal Management officially closing this enforcement action. MFue�mmm�noi anawaM� North Carolina Department of Environmental Quality I Division of Coastal Management Morehead City Office i 400 Commerce Avenue I Morehead City. North Carolina 28557 252.515.540 If you do not send a signed agreement and payment to this office within ten (10) days of your receipt of this letter, the Director of the Division of Coastal Management will formally assess a civil penalty against you. You may then make a request to the Director a hearing or settlement of the penalty. Thank you for your time and cooperation in resolving this important matter this or related matters, please do not hesitate to contact me. Sincere e t Heather M. Styron District Manager Division of Coastal Management Enclosure Copy by Email: Amanda Cannon, MHC If you have any questions about CeyMml ui G W ommmw 9mllly North Carolina Department of Environmental Quality Division of Coastal Management Morehead City Office ! 400 Commerce Avenue I Morehead City. Not Carolina 28557 2.52,5I5.540 ROY COOPER Govemor ELIZABETH S. BISER Secretary BRAXTON DAVIS Director NORTH CAROLINA Environmental Quality March 9, 2023 Carteret Property Holdings, LLC (Paul Musco) c/o Todd McNeil 7015 S. Sound Drive Emerald Isle, 28594 RE; Payment of Proposed Penaltyfor Violations of the Coastal Area Management Act, Carteret County, CAMA Violation #23-01C Dear Mr. Musco: This letter will acknowledge receipt of your Check #002579, in the amount of $538.00, and dated 3/6/23. Once the amount of the check is credited to the Department of Environmental Quality's account, this matter will be fully and completely closed. If you have any further questions concerning this matter, please contact me at (252) 515- 5417 Sincerely, Heap kt - $flyrow Heather Styron District Manager cc: Jonathan Howell, Regulatory Section Chief, DCM Amanda Cannon, Administrative Support, DCM owem�xsuo�ma.q� North Carolina Department of Environmental Quality I Division of Coastal Management Morehead City Office 1 400 Commerce Avenue I Morehead City, North Carolina 28557 252.515.5400 Initial Discovery Date Violation Description -- -- /No . .- ��6Il�iP/J—ITI►:}75�`d`N�.mtRr�nv�r.a��.,._......._•� ---- .. Email. Violation Type: Project Type: Authorizations Required: Site Visits Respondent Site Visits Respondent P Present No Permit �_ Private/Community Major CAMA Permit Condition Govt./Public Minor �.. D&F �>Expired Permit 0- Commercial n General Inconsistent w/ Rules Tier Level: 1 II III Violation Location and Site Description LauLong Project Location: County () lI ( NilJ Shoreline Length _ Street Address/r�State Road/ of #(s) _. _. SAV: Not Sure Yes t o Ad - Sandbags: Not Sure Yes o PNA: Yes a ' n Subdivision . ORW: Yes [y�o\� Adja ent City ZIP.. _ Crit. Hab. Yes Phone # River Basin A Photos ,Y,� l(��L'tY•..'7111) I y � ��.1 . j,:,} Waiver Required Yes Closest Ad'. Mr. Body v .U.L A t It3 mane+ /unkn)— In DWQ Buffer Area Closest Maj. Wtr. Body _.r(\ 1,0 �— ii Specify DW Q Buffer if applicable: - NOV Date V CNOV Date Penalty Assessment Sent to Respondent Date Initial Req. Comp. Date Date Comp. Observed 7J.0409 Ref App./Permit Fee Penalty Rcvd. by Dist. Mgr. Date Willful/Intent. Assessment Extended Yes No Continuing Investigative Total Extension Granted Yes No Restoration Letter Acceptance Date Recomm. Assess. I DCM Assess. $ Formal Assessments, Appeals and Reductions Date Long Form Submitted, Assessment Appealed: Yes No Date Formal CPA Submitted penally modified Final Assessment$ .-.Date.. Attorney General's Office for Injunction or Formal Collection Date sent to AG _El Respondent not responsive to penalty/NOV L_..t Injunction to complete restoration Date Collection Let. Sent _. Date Demand Let. Sent Violation Activities and Impacts AECs Affected: Wetlands Impacted? Yes / t� If yes, which types: CW ® ( ES PTS OEA HHF IH. UBA N/A SA DS CJ SY JR LS TY PWS: FC: SS SC SP IF BF 404 Other: Restoration Required by the Respondent Yes /®° • INTIMPIT.�r f — gym. ,�nrt� . a ► �■�.+ _ T 1�I %3. �l�l iI I �'I�►i�R.�.,1 ! ii ... Closing Payment Received $ Date Date Case Closed