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Home My WebLink About17-07A Lawrence/?n� i3iCvu..•t�lcav �NJ' ROY COOPER cn�e,nnr MICHAEL S. REGAN Seerela,y BRAXTON DAVIS Coastal Management Dincror ENVIRONMENTAL QUALITY NOTICE OF VIOLATION May 22, 2017 CERTIFIED MAIL 7013 2250 0000 6213 5276 RETURN RECEIPT REQUESTED Buddy Lawrence Director of Operations Albemarle Plantation 128 Lakeside Drive Hertford, North Carolina 27944 RE: NOTICE OF VIOLATION AND REQUEST TO CEASE UNAUTHORIZED DEVELOPMENT CAMA VIOLATION #17.07A Dear Mr. Lawrence: This letter confirms that in May 15, 2017 1 made a site visit to the Albemarle Plantation Marina, located off Albemarle Boulevard, in Yeopim Creek, in Albemarle Plantation Subdivision, Perquimans County, North Carolina. The purpose of the visit was to investigate an unauthorized boat platform (and its relocation to an existing slip) within the Albemarle Plantation Marina, in Yeopim Creek. Information gathered by me for the Division of Coastal Management indicates that major development was undertaken in violation of the Coastal Area Management Act (CAMA). No person, organization or corporation 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.) 113A-1 18. I have information that Albemarle Plantation did undertaken or is legally responsible for the construction and placement of a platform in Yeopim Creek without a permit, adjacent to the aforementioned property. This activity took place in Public Trust Waters that are contiguous with Yeopim Creek and the Albemarle Sound. Public Trust Waters areas are designated as Areas of Environmental Concern (AEC). No CAMA permit was issued to Albemarle Plantation 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 maybe assessed against any violator. Each day that the development described in this Notice is continued or repeated may constitute a separate violation tha is subject to an additional assessment of $10,000. An injunction or criminal penalty may aIRF o lj�� e any violation in accordance with N.C.G.S.113A-126. JUN 0 2 2017 State of North Carolina I Environmental Quality I Coastal Management D C IV — M 1 ° D c r ry 401 S. Griffin Street I Suite 3001 Elizabeth City, NC 27909 252-264-39021252-331-2951 (fax) Buddy Lawrence May 22, 2017 Page 2 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 the North Carolina Administrative Code, Title 15A NCAC 07J .0201: "After March 1, 1978, every person wishing to undertake any development in an area of environmental concern shall obtain a permit from the Department, in the case of a major development or dredge and fill permit, or from the local permit officer, in the case of a minor development permit, unless such development is exempted by the Commission." Based upon review of the Coastal Area Management Act, Coastal Resource Commission's rules, and the local jurisdiction's Land Use Plan, the activity undertaken appears consistent with the Division's Rules and could have been authorized through the CAMA Major Permit process. Therefore, restoration of the impacted area is not requested. 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. 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 (252) 264-3901. Upon completion of the restoration as requested in the Restoration Plan Agreement to the satisfaction of the Division of Coastal Management, you will be notified as to the amount of the civil assessment for undertaking development without first obtaining the proper permit(s) and/or development that is inconsistent with Coastal Resources Commission rules. Sincerely, Lynn W. Mathis Field Specialist Cc: rank Jennings, District Manager, DCM Ro�Brownl_ow, District Manager, DCM File RELIVE® JUN 0 2 2017 DCM MHD CI-TY Coastal Management ENVIRONMENTAL QUALITY May 24, 2017 CERTIFIED MAIL 7013 2250 0000 6213 5283 RETURN RECEIPT REQUESTED Buddy Lawrence Director of Operations Albemarle Plantation 128 Lakeside Drive Hertford, North Carolina 27944 RE: CAMA VIOLATION #17-07A Dear Mr. Lawrence: �O'�K ROY COOPER Go e:nor MICHAEL REGAN Secierm_:: BRAXTON DAVIS Onz<IoI This letter is in reference to the Notice of Violation dated May 22, 2017, that Lynn Mathis, representative for the Division of Coastal Management, issued to you for the unauthorized placement of a boat platform within Albemarle Plantation Marina, in Yeopim Creek, Perquimans County The violation involved Public Trust Waters, which is an Area of Environmental Concern designated by the Coastal Resources Commission. The activity undertaken appears consistent with the Division's Rules and could have been authorized through the CAMA Major Permit process. Therefore, restoration of the impacted area was not requested. The Coastal Area Management Act provides that a civil assessment of up to $10,000.00 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 $548.00 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. 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 $548.00 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. REC FIVE® JUN 0 2 2017 State of North Carolina I Environmental Quality I Coastal Management D C ivl ,- �A l i f) CITY 401 S. Griffin Street I Suite 3001 Etizabeth City, NC 27909 252-264-3901 Buddy Lawrence May 24, 2017 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 (252) 264-3901. Sincerely, F�Jennin:)b District Manager, Northeastern District NC Division of Coastal Management Enclosures cc: Roy Brownlow, Compliance Coordinator, DCM Lynn Mathis, Field Specialist, DCM R r,ENSO SUN 0 % ZV ®�� WO CITY CAMA VIOLATION #17.07A Albemarle Plantation 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 $548.00 against Albemarle Plantation for violation of the Coastal Area Management Act, NCGS 113A-100 et sec, committed on or near property located at 412AIbemarle Boulevard in Albemarle Plantation, Perquimans County, North Carolina. In order to resolve this matter with no further action or expense on our part, I accept responsibility as an authorized representative of Albemarle Plantation for the violation as described in the Notice of Violation letter dated May 22, 2017, and agree to pay the proposed civil assessment of $548.00. DATE SIGNATURE ADDRESS TELEPHONE NUMBER RECEIVED JUN 0 2 2017 DCM- MHD CITY Coastal Management ENVIRONMENTAL QUALITY June 2, 2017 Buddy Lawrence Director of Operations Albemarle Plantation 128 Lakeside Drive Hertford, NC 27944 ROY COOPER Gwemor MICHAEL S. REGAN .Sewrrary BRAXTON C. DAVIS Director RE. Payment of Proposed Penaltyfor Violations of theCoasta►Area ManagementAct, Perquimans County, CAMA Violation #17-07A Dear Mr. Lawrence: This letter will acknowledge receipt of APPI's Check #10020, in the amount of $548, and dated 05/30/2017. 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 my Elizabeth City office at 252-264-3901. Sincerely, Frank Jenni gs, District Manager Northeastern District Division of Coastal Management FJ/yc cc: Roy Brownlow, Compliance Coordinator, DCM, Morehead City Lynn Mathis, Coastal Management Rep., DCM, Elizabeth City JUN 0 5 2017 DCM., MHD CITY �Piothing Compares.ti.r. State of North Carolina I Environmental Quality I Coastal MMagement 401 S. Griffin St., Ste 3001 Elizabeth City, NC 27909 252-264-39011252-331-2951[fanl ROCOlved CAMA VIOLATION #17.07A Albemarle Plantation AGREEMENT TO PAY PROPOSED CIVIL ASSESSMENT ,-EC I understand that the staff of the Department of Environmental Quality will propose the assessment of a civil penalty in the amount of $548.00 against Albemarle Plantation for violation of the Coastal Area Management Act, NCGS 113A-100 et sue, committed on or near property located at 412 Albemarle Boulevard in Albemarle Plantation, Perquimans County, North Carolina. In order to resolve this matter with no further action or expense on our part, I accept responsibility as an authorized representative of Albemarle Plantation for the violation as described in the Notice of Violation letter dated May 22, 2017, and agree to pay the proposed civil assessment of $548.00. i'Li/1 u 3 04a-(D(� DATE SIGNATURE ADDRESS 14 aD,v-aL 15). - LO-6 - L66:5-3 TELEPHONE NUMBER RECEIVED JUN 0 5 2017 OCM- Nils® CITY I NC Division of Coastal Management � �� B C D Cashier's Official Receipt Date: 2017 Received From: Ap )� � 1� 1 $ ` -y Qr V 3y Permit No.: / V I 'jA ` )D ? A Check No.: ('hl (7e/K011'Ic f` /`��1• To.:-1 County: Applicant's Name: nn �^ Project Address: I 1 Sri S ss 4y+e�, i Please retain receipt for your records as proof of payment for permit issued. K /I Signature of Agent or Applicant: Signature of Field Representative: " '-••""S�'"'"" �Z•-. x.. APPI-Operating CAMA PNC Main Operating CAMA Violation #17-07A 5/30/2017 Date: •'Z 7 Date: y 10020 IM111- [iI1] 548.00 RECEIVED JUN 0 5 2017 DCM- MHD CITY ®CM ENFORCEMENT TRACKING REPORT Issuer (,i a : 11 iys) 1 lr1ZS Violation Case Nc Violated Permit N (if applicable) Violation Description Initial Discovery Date GC 'LSL Discovery Method Violation Description 7"Lhir1-/1o11t�Cil^E f CAMA or t7—O 7,,+ Was activity permittable7 Yes f NO tlJ2—w (/�ILi2lJSE / ld'7t1L!/itiZCL. I%4✓tl�Tlrnn/ tLanaownni�y�iy Respondent Name(s) —`� �/ t W("� cityt4e4 :EW 1 State 8 C- Zip Z7� Address �� t�1�5 �E" Phone# Fax# Email Violation Type: Project Type: Authorizations Required: Site Visits Respondent Present Site Visits n F peoseo rn No Permit T� I' Private/Community [� .Major [mil CAMA Govt./Public Minor +�] D&F A��21� 25rµ I] Permit Condition n Expired Permit n Commercial [] General " --- ❑ ❑ Inconsistentw/ Rules Tier Level: 1 11 III Violation Location and Site Description LatlLong Project Location: County 'F62 f 44 0*64S Shoreline Length 7 Street Address/ State Road/ Lot #(s) 42( AL-t367�'ju i�lL ��✓� SAV: Not Sure Yes Zed Sandbags: Not Sure Yes 6—D) ;—, Subdivisio f"tl.i3UyoV If2l.l:� +�a! -- PNA: ORW: Yes Yes (!&a Adjacent �t-y' ) NEE ZIP Z"I°1 u%�'' Hab. Yes � City 'Q) River Basin (�ii5v7"J(rtlk- qdt. Photos ( NO � Phone # ( _) (� �J��2�( Adj. Wtr. Body r �/ ,na /man/unkn) _ Waiver Required In DWQ Buffer Area Yes Yes ,IOC N� u® P+1 Closest Ma'. Wtr. Body j y �d, /1 6 1yL,J6R� yEZ !� � /f ��L� � Specify DWQ Buffer if applicable: j �� " M f1 v NOV Date CNOV Date Penalty Assessment Sent to Respondent Date Rcvd. by Dist. Mgr. Date Assessment Extended Yes No Initial Req. Comp. Date Date Comp. Observed 7J. 111 RRef. App./Permit Fee Penalty Willful/intent. Continuing Total Extension Granted Yes No Restoration Letter Acceptance Date Recomm. Assess. I DCM Assess. a'5-0 -CO 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 Respondent 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? Ye / No If yes, which types: CW EW PTA 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 YeF(5) Dimensions in excess Dimensions to restore Final dimensions Actually restored of permit/ unauthorized activities allowed Development Activities - Habitat Description Closing Payment Received $ _ Date '.e ! -- / i Date Case Closed ::fl / Z- // )