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Home My WebLink About17-02B Lighthouse Contracting'�OG'>17� �IQq Q::7LrT.nr� 10 May 2017 CERTIFIED MAIL 7016 3560 0001 1506 5725 RETURN RECEIPT REQUESTED Mr. Michael L. Johnson Lighthouse Contracting 5932 Fordland Drive Raleigh, North Carolina 27606 Dear Mr. Johnson: 17-02B QfiS' ROY COOPER MICHAEL S. REGAN BRAXTON C. DAVIS RECEIVED MAY 12 2017 DCM- MHD CITY This letter is in reference to the Notice of Violation that Steve Trowell, Representative for the Division of Coastal Management, issued to you on 10 April 2017 for unauthorized development in violation of the Coastal Area Management Act (CAMA) (G.S. 113A-100) and the Dredge and Fill Law (G.S. 113-229). The violation occurred onsite property owned by Ms. Barbara Jemison located off SR 1351 at 34 Northern Pond Road adjacent North Pond off the Pamlico Sound in Ocracoke Village, Hyde County, North Carolina. The violation resulted from the unauthorized excavation in excess of the permitted depth specifically stated in permit condition number two of Major CAMA/Dredge and Fill permit no. 45-16. Specifically, the aforementioned permit condition limited the depth of excavation "not to exceed -3' below the normal water level (NWL) also "In no case shall the depth of excavation exceed the depth of connecting waters." My compliance monitoring on 28 March 2017 documented an area 1,265 ft2 where the depth of excavation ranged from -4.5' to -6.0' below NWL. The affected area of Pamlico Sound bottom was excavated to an average depth of -5' below the NWL, 2' deeper than the connecting nearshore depths and 2' deeper than the you were permitted to excavate per the aforementioned permit. North Pond and the Pamlico Sound are a Public Trust Area and Estuarine Water Area of Environmental Concern and no permit was issued to you for this development in these areas. Therefore, I conclude that you are in violation of the Coastal Area Management Act. The Coastal Area Management Act provides that a civil assessment of up to $10,000 may be assessed against any violation. It is the policy of the Coastal Resources Commission to assess a civil penalty for all violations. This is done to recover some of the cost of investigating violations and/or to compensate the public for any damage to its natural resources. Under Coastal Resources Commission rules, a proposed civil penalty in the amount of $554 is appropriate for this violation. You may expeditiously resolve this matter prior to the assessment of a formal civil penalty by SGk O:\fYth Cwd= Enl,N maj Qnhty CmalMamimMt 943 Wuh.%W. S q=* \fall 0.iYw9wn. \ C :79� 25: 946 W1. J Mr. Michael L. Johnson 10 May 2017 Page 2 of 2 accepting responsibility for the violation, waiving your right to an administrative hearing, and paying the amount proposed above. Under Coastal Resources Commission Hiles, a proposed civil penalty in the amount of $554 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, waiving your right to an administrative hearing, and paying the amount proposed above. Thank you for your time and cooperation in resolving this matter. If you have any questions, please do not hesitate to contact me at my Washington Office, (252) 948-3852. Sincerely, Jonathan Howell District Manager Division of Coastal Management Washington Regional Office ENCLOSURE Cc: Steve Trowell - Coastal Management Representative, Washington Regional Office, DCM e Loposanski — Acting Assistant Director, Morehead City, DCM v/Roy Brownlow - Enforcement Coordinator, Morehead City, DCM Anthony Scarbraugh - Division of Water Quality, Washington Regional Office Raleigh Bland - U.S. Army Corps of Engineers, Washington Regulatory Field Office 2C3 Coastal Management ENVIRONMENTAL QUALITY 24 May 2017 Mr. Michael L. Johnson Lighthouse Contracting 5932 Fordland Drive Raleigh, NC 27606 RE: Payment of Proposed Penalty for Violations of the Coastal Area Management Act Committed in Hyde County CAMA Violation No. 17-02B Dear Mr. Johnson: ROY COOPER MICHAEL S. REGAN BRAXTON C. DAVIS This letter will acknowledge receipt of Check No. 1119 in the amount of $554.00, and dated 15 May 2017. Once the amount of the check is credited to the Department of Environmental Quality account, this matter will be fully and completely closed. If you have any further questions concerning this matter, please contact me, (252)-948-3851, at the Washington Regional office. Sincerely, � Johnathan Howell District Manager Division of Coastal Management Washington Regional Office Cc ✓Roy Brownlow, Compliance & Enforcement Coordinator, DCM Steve Trowell, Coastal Management Representative, WARD, DCM Kevin Hart, Compliance and Enforcement Representative, WARD, DCM RECEIVE® MAY 2 6 2017 %NothingCompares�_ DCM- MHD CITY 8U%n[Ncrib Cudma 1 En%im mal Qwbty 1 Ca RI Alan mmt 943Wuhigmn8ymra\Un Rithi.m \C'7889 '5' 9a66181 17-02B ROY COOPER MICHAEL S. REGAN BRAXTON C. DAVIS Coastal Management ENVIRONMENTAL OUALITY NOTICE OF VIOLATION 10 April 2017 CERTIFIED MAIL 7015 0640 0007 2358 7591 RETURN RECEIPT REQUESTED Mr. Michael L. Johnson Lighthouse Contracting 5932 Fordland Drive Raleigh, North Carolina 27606 Dear Mr. Johnson: This letter confirms our 16 March and 10 April 2017 phone conversation concerning potential unauthorized excavation activities onsite property owned by Ms. Barbra Jemison located off SR 1351 at 34 Northern Pond Road Adjacent North Pond off the Pamlico Sound in Ocracoke Village, Hyde County, North Carolina. This letter also confirms my onsite permit compliance monitoring activities on 8 and 28 March 2017. Assisting me during the 28 March onsite monitoring was Mr. Shane Staples, Division of Coastal Management (DCM) Fisheries Resource Specialist. The purpose of these onsite permit compliance activities was to monitor excavation work authorized by Major CAMA/Dredge and Fill permit no. 45-16. Information gathered by me for the Division of Coastal Management indicates that as contractor for Ms. Barbara Jemison you have undertaken major development in violation of the Coastal Area Management Act (CAMA) as well as the State's Dredge and Fill Law. No person may undertake major development in a designated Area of Environmental Concern (AEC) without first obtaining a permit from the N.C. Department of Environment and Natural Resources. This requirement is imposed by N. C. General Statute (herein abbreviated N. C. G. S.) 113A-118. Information I have indicates that you have undertaken, or are legally responsible for the unauthorized excavation in excess of the permitted depth specifically stated in permit condition number two of Major CAMA/Dredge and Fill permit no. 45-16. Specifically, the aforementioned permit condition limited the depth of excavation "not to exceed -3 feet below the normal water level (NWL)" also "In no case shall the depth of excavation exceed the depth of connecting waters." My compliance monitoring on the 28 march 2017 documented an area 1,265 ft2 where RECEIVED APR 12 2017 --�'-' Nothinq Compares -._ Stateofl,"Cuditu EaittmteemalQcahtY C.W\fam{em t DCM- MHD CITY 943Wmhigron Square\1.H Wa,hing.,SC2`SS9 • Mr. Michael L. Johnson Lighthouse Contracting 10 April 2017 Page 2 of 3 the depth of excavation ranged from 4.5' to 6.0' below the NWL. The affected area of Pamlico Sound bottom was excavated to an average final depth of minus 5' below the NWL, 2' deeper than the connecting nearshore depths and 2' deeper than you were permitted to excavate per the aforementioned permit. North Pond and the Pamlico Sound are an Estuarine Water and Public Trust Area of Environmental Concern. Estuarine Waters and Public Trust Area are designated Areas of Environmental Concern (AECs) and no permit was issued to you for development in these areas. Therefore, I conclude that you are in violation of the Coastal Area Management Act. I request that you immediately CEASE AND DESIST any further unauthorized activities within designated Areas of Environmental Concern. If the development that you have undertaken is not consistent with applicable standards, as in this case, you will be required to restore all affected areas to their former conditions. A civil assessment of up to $10,000 maybe assessed against any violator. Each day that the development described in this notice is continued or repeated may constitute a separate violation which is subject to an additional assessment of up to $10,000. An injunction or criminal penalty may also be sought to enforce any violation. N.C.G.S. 113A-126. It is the policy of the Coastal Resources Commission to levy a civil assessment not to exceed $10,000 against all violations. This is done to recoup some of the costs of investigating violations and/or to compensate the public for any damage to its natural resources. Whether a higher amount will be assessed depends on several factors, including the nature and area of the resources that were affected and the extent of the damage to them. You are also in violation of the State's Dredge and Fill Law which requires a permit from the N.C. Department of Environmental Quality before undertaking any excavation or filling in any estuarine waters, tidelands, marshlands, or a state-owned lake. N.C.G.S. 113-229 The excavation activities that you have undertaken was done without a permit from this Division. Therefore, I also request that you immediately CEASE AND DESIST such unauthorized activities violating the permit requirements of the Dredge and Fill Law. Violations of the State's Dredge and Fill Law may be enforced by a criminal penalty or a civil action for damages or an injunction. N.C.G.S. 113-229 Based upon N. C. Administrative Code, 7H. State Guidelines for Areas of Environmental Concern, specifically 7H.0208(b)(F), the excavation work you have undertaken, excavating the Pamlico Sound bottom deeper than the connecting water depths, is not consistent with these regulations. However, due to the large volume of littoral sand drift in this location, this one-time excavation event where excavation exceeded the depth of connecting waters will not create permanent, irreversible, or long term impact(s). Therefore, restoration of the affected area will not be required at this time. Please understand that continued excavation of this area in excess of the depths permitted/conditioned in Major CAMA/Dredge and Fill permit no. 45-16 will lead to more significant long term impacts for which this Division will seek restoration of the aff ted areas. DECEIVED APR 12 2017 DCM- MHD CITY Mr. Michael L. Johnson Lighthouse Contracting 10 April 2017 Page 3 of 3 Based upon Subchapter 7J.0409(g)(6)(E) of the Administrative Code, it is the policy of the Coastal Resources Commission to levy civil assessments against contractors. Therefore, you should expect a civil assessment to be levied against you as well as the property owner. Thank you for your time and cooperation in resolving this matter. If you have any questions about this or related matters, please call me at (252) 948-3854. Sincerely, Steven J. Trowell Coastal Management Representative Cc: Jonathan Howell — District Manager, Washington Regional Office, DCM Mike Loposanski — Acting Assistant Director, DCM Roy Brownlow — Enforcement Coordinator, DCM Raleigh Bland — U.S. Army Corps of Engineers, Washington Office Anthony Scarbraugh — Division of Water Resources, Washington Office RECEIVED APR 12 2017 DCM- MHD CITY 11 DCM ENFORCEMENT . TRACKING REPORT l !)? /%L /I UK--1 / ISSl�1er Field Rep. � G 6� Violation Case No. Rep Violation Descriptic Initial Discovery Date Violation Desciiotion-\ n Prior CAMA or D/F Violatic Respondent Address Phone # _, % `%/'7 7-`ft_'../,k-5 / Fax Corpofate_Name & Registered agent Permit No. (if applicable) r City & State - Zip Violation Type: Project Type: Authorizations Required: Site Visits Respondent Site Visits Respondent ❑ No Permit � Private/Community Major � CAMA Present Presentt� Permit Condition Govt./Public Minor �' D&F ❑ ❑ Expired Permit ❑ Commercial General }u-�. ElInconsistentw/ Rules Tier Level: 1 11 III ❑ LJ Violation Location and Site De c�tion Lat/Long Project Location: County ! G 7 Shoreline Length Street Address/ Stale Road/ Lot #( SAV: Not Sure Yes No Subdivision. city Phone # ( _),_ Adj. Wtr. Body !-tk) Closest Maj. Wtr. Body NOV Date CNOV Date Penalty Assessment Sent to Respondent Date Rcvd. by Dist. Mgr. Date Assessment Extended Yes Sandbags: Not Sure Yes o % PNA: Yes Adjacent ZIP ORW: Yes Adjacent Crit. Hab. Yes `asin Photos as i tto\ an /unkn Waiver Required Yes U J In DWC Buffer Area Yes Specify DWQ Buffer if applicable: Initial Req. Comp. Date Date Comp. Observed App./Permit Fee Penally No WiIlfuVlntent. V�ECF,', v IC Continuing G Investigative APR 13 ZW7 pCM. M�a CI Extension Granted Yes No Restoration Letter Acceptance Date 7J.0409 Ref. Recomm. Assess. DCM Assess. $ $ $ is Total It Formal Assessments, Appeals and Reductions Date Long Form Submitted Assessm _. tFhiAppeated: Yes No Date Formal CPA Submitted Penalty modified Final Assessment $._. __._. _._Date _., Attorney General's Office for Injunction or Formal Collection Date sent to AG Respondent not responsive to penalty/NOV" Injunction to complete restoration Date Collection Letter Sent Date Demand Letter Sent Violation Activities and Impacts AECs Affected: Wetlands Impacted? Yes If yes, which types: CIN T ES PTS OEA OFUBA WA SA DS CJ SY JR LS TY PWS: FC: SS SC SP IF BF 404 Other: Restoration Required by the Respondent Yes DO Dimensions in excess Dimensions to restore of permit/ unauthorized activities - Final dimensions allowed Actually restored Payment Received $ Date DC M e M H D GLT(Lse Closed