The URL can be used to link to this page

Home My WebLink About17-02A Colvinr. 10 'bl N. Coastal Management FNVIROMMEMYAL QUALITY August 8, 2017 Christopher Colvin 115 N. Lou Sawyer Road Moyock, NC 27958 ROY COOPER Gownlor MICHAEL S. REGAN Seereimy BRAXTON C. DAVIS Direclor RE; Payment of Proposed Penaltyfor Violations of the Coastal Area Management Act, Currituck County, CAMA Violation #17-02A Dear Mr. Colvin: This letter will acknowledge receipt of your Cashier's Checkfrom Navy Federal Credit Union, in the amount of $2078.00, and dated received August 7, 2017. Once the amount of the check is credited to the Department of Environmental Qualit-y 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 Jennings, District Manager Northeastern District Division of Coastal Management FJ/eg cc: Roy Brownlow, Compliance Coordinator, DCM, Morehead City Ron Renaldi, Coastal Management Rep., DCM, Elizabeth City RECEIVED AUG 10 2017 ''Nothing Compares State of North Carotiaa I Environmental Quality I Coastal Mmagemeot 401 S. Giffin St., Ste 3001 Elinbeth City, NC 27909 DCIW- MHD CITY a c�wed CAMA VIOLATION #17-02A 'It1' to'� 'ilji Christopher Colvin 0CM- O 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 $2,078.00 against me for violation of the Coastal Area Management Act, NCGS 113A-100 et secl, committed on or near my property 3609 Caratoke Highway in Currituck 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 desobe ice of Violation letter dated March 13, 2017, and agree to pay the proposed civil assessme of $2,078.00. Z R6%,l L J I s DATE SIGNATURE_ j� 1 ADDRESS TELEPHONE NUMBER AUG 10 2017 DCM- MHD CITY NC Division of Coastal Management Cashier's Official Receipt Received From: Permit No.. Applicant's Name: -- Project Address: - - A B C D Date: 20 Check No.: County: Please retain receipt for your records as proof of payment for permit issued. Signature of Agent or Applicant: Signature of Field Representative: Date: Date: ECEM D AUG 10 2017 0CM- MHD OTY M Coastal Management ENVIRONMENTAL QUALITY May 8, 2017 Christopher Colvin 115 N Lou Sawyer Rd. Moyock, NC 27958 RE: RESTORATION DEADLINE EXTENSION #2 CAMA VIOLATION CASE #17.02 Dear Mr. Colvin: ROY COOPER MICHAEL S. REGAN Seo ermy BRAXTON DAVIS llittctr,r This letter confirms your May 2, 2017 visit to our office in reference to the May 5, 2017 time limit for submitting a USACE restoration acceptance plan and the removal of fill material placed in 404-wetlands that you are legally responsible for within the Estuarine Shoreline Area of Environmental Concern. This area is adjacent to a manmade canal and Coinjock Bay on your property located at 3609 Caratoke Highway in Currituck County, North Carolina. Notice of Violation case #17-02 was issued to you on March 13, 2017 for the unauthorized work and requested restoration. Based on our conversation and the circumstances surrounding this case, your request to extend the restoration time limit is approved in order to allow you additional time to comply with the requested restoration. The restoration time limit is extended to June 8, 2017. Please note that this extension is for a thirty (30) day period. The requested restoration must be performed to the satisfaction of the Division of Coastal Management by the date indicated or provide an explanation for non-compliance and a reasonable request for a time extension. Thank you for your cooperation in resolving this important matter. If you have any questions about this or related matters, please call me at (252) 264-3901. Sincerely, Ron Renaldi Field Representative NC Division of Coastal Management Cc: Frank Jennings, District Manager, DCM Roy Brownlow, Compliance Coordinator Krysta Stygar, Regulatory Specialist, USACE RECE ED MAY 12 2017 ®CM- Prb ID CITY State of North Carolina I Envuoomental Quality � Coastal Management 401 S. Griffin St., Ste 300 1 Elizabeth City, NC 27909 252.264.39011252-331-2951 [fax] ROY COOPER Gnrernar MICHAEL S. REGAN Secraw, BRAXTON DAVIS Oirectm Coastal Management ENVIRONMENTAL 00AUiv July 19, 2017 CERTIFIED MAIL #70151520 0003 5515 4356 RETURN RECEIPT REQUESTED Christopher Colvin 115 N Lou Sawyer Rd. Moyock, NC 27958 RE, CAMA VIOLATION #17.02A Dear Mr. Colvin: This letter is in reference to the Notice of Violation dated March 13, 2017 that Ron Renaldi, representative for the Division of Coastal Management, issued to you for unauthorized development involving the placement of fill material in t2,487 ft2 of non -coastal wetlands within 75' of normal water level at 3609 Caratoke Highway, Currituck County. The violation involved the Estuarine Shoreline, which is an Area of Environmental Concern designated by the Coastal Resources Commission. Based upon the site visit conducted on May 16, 2017 by Ron Renaldi and a letter dated July 11, 2017 from the US Army Corp. of Engineers, the restoration requested appears to be complete to the satisfaction of the Division of Coastal Management. 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 $2,078.00 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 $2,078.00 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 remission of the penalty. RECEIVED JUL 2 7 2017 State of North Cacolim I Envhonmental Quality I Coastal Management (� pp� gg (� ��,,,,99 yy�� ^gqp 401 S. Gaiffin252-264-39011252 331-2951 [fax1909 D C YV E` IVI r 1 D CI1 i Christopher Colvin July 19, 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, Frank Jennings District Manager, Northeast District NC Division of Coastal Management FAJ/rar Enclosure: Agreement to Pay Proposed Civil Assessment cc: Roy Brownlow, Compliance Coordinator, DCM, Morehead City Ron Renaldi, Coastal Management Representative, DCM, Elizabeth City Krysta Stygar, Regulatory Specialist, USACE R COVED JUL 2 `i 2017 ()CM- MHD CI T CAMA VIOLATION #17.02A Christopher Colvin 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 $2,078.00 against me for violation of the Coastal Area Management Act, NCGS 113A-100 et seg, committed on or near my property 3609 Caratoke Highway in Currituck 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 March 13, 2017, and agree to pay the proposed civil assessment of $2,078.00. DATE SIGNATURE ADDRESS TELEPHONE NUMBER RECEIVED JUL 2 7 2017 ENFORCEMENT TRACKING REPORT ^ Issue Violation Case No. 19- - sl A Rep. P n pe.- Alcj t Rep. LPO ❑ 7 Permit (if applicable) Was activity permittable? Yes Initial Discovery Date a 1.\01•an o DiscoveryMethod 9.,2,)r} �y 5'b12 • -t-� s - rr s C..*•�r� oK L>7o•s Violation Description Pla-r�=f•..•�Mi' o;- 411 �.r 1 Address 11 S h r }h ) Sa 44 ! 9 d I City +._v_�I o �k State to c Zip A i5 S Y Phone# Fax#/Email ON Corporate Name & Re istered a ent Violation Type: Project Type: Authorizations Required: Site Visits Respondent Present Site Visits Respondent Present rVII KNI No Permit -, Private/Community Major . CAMA ' ElPermit Condition - Govt./Public El u Minor D&F %'d ' +/ \ 0 1� •�. Expired Permit t3 Commercial General aU1 L 171 Inconsistent w/ Rules Tier Level: I II II Location and Site Description Project Location: County Street Address/ State Road/ Lot #(a) , 3 (o o4 (s r o }Olrx N w V � IloB� Subdivision City_. KG') l e -. ZIP- d-A9S6 _ Phone # ( . ).-Ugc,�r.�r _ River Basin Adj. Wtr. Body Cy, l Co r�o Ic �tii a unkN Closest Maj. Wtr. Body C e� NOV Date - J 13 j - CNOV Date Penalty Assessment Sent to Respondent Date Rcvd. by Dist. Mgr. Date Assessment Extended Yes No RECEIVED Initial Req. Comp. Date Date Comp. Observed U 60,C1:. APJ)(-v App./Permit Fee Penalty Willful/Intent. JUL 27 2017 jk)_0_- 1` 1h Lat/Long 3(, 40-4160 N -•}5.9911}0' Shoreline Length 4 366 SAV: Not Sure Yes Sandbags: Not Sure Yes NG/,,�i PNA: Yes &N Adjacent ORW: Yes (14jd Adjacent grit -Flab. Yes No Photos Ye No Waiver Required Yes In DWQ Buffer Area Yes Specify DWQ Buffer if applicable:., t/ Extension Granted Yes No _ Restoration Letter Acceptance Date 3L41 Ir_ 7J.0409 Ref. - Recomm. Assess. DCM Assess. $ (Ju.(JO $ iu $(ss�.� $ C d) $ Total 'a oh CEO Formal Assessments, Appeals and Reductions Date Long Form Submitted Assessment Appealed: Yes No Date Formal CPA Submitted _ ,0 Penalty modified Final Assessment $ Date Attorney General's Office for Injunction or Formal Collection Date sent to AG Respondent not responsive to penalty/NOV n Injunction to complete restoration Date Collection Letter Sent Date Demand Letter Sent Violation Activities and Impacts AECs Affected: CW EW PTA (�) PTS OEA HHF IH UBA N/A PWS: FC: Restoration Required by the Respondent Yeses o NOTES: Wetlands Impacted es,/ No If yes, which types: SA DS cJ SY JR LS TY SS SC SP IF BF Dd w°t,Er ENk'l'a .lul 27 2017 Closing DCM- MHU k—I Payment Received $ Date Date Case Closed ,1 LAB Coastal Management ENVIRONMENTAL QUALITY NOTICE OF VIOLATION March 13, 2017 CERTIFIED MAIL #70151520 0003 5515 4233 RETURN RECEIPT REQUESTED ROY COOPER eiavernnr MICHAEL S. REGAN Srt'mnus BRAXTON DAVIS Dire, for RECEIVED Christopher Colvin MAR 17 2017 115 N Lou Sawyer Rd. Moyock, NC 27958 DCM- MHD CITY RE: NOTICE OF VIOLATION AND REQUEST TO CEASE UNAUTHORIZED DEVELOPMENT CAMA VIOLATION #17-02A Dear Mr. Colvin: This letter confirms that on March 1, 2017, Krysta Stygar of the US Army Corps of Engineers, Currituck County Code Enforcement Officer Stacy Smith, and I met with you onsite at your property located at 3609 Caratoke Highway, adjacent to a manmade canal and Coinjock Bay, located in or near Maple, off US-168, Currituck County, North Carolina. The purpose of the visit was to investigate unauthorized development within 75' of normal water level (NWL) involving the placement of fill material in non -coastal wetlands. This letter also confirms our conversation on February 21st and March 6th. 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 Environment and Natural Resources. This requirement is imposed by North Carolina General Statute (N.C.G.S.)113A-118. I have information that indicates you have undertaken or are legally responsible for the filling of ±2,487 ft2 of non -coastal wetlands within 75' of NWL on the aforementioned property. This activity took place in Estuarine Shoreline that is contiguous with the Currituck Sound. The Estuarine Shoreline area is designated as an Area 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. 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. 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. State of North Carolina I Environmental Quality I Coastal Management 401 S. Griffin St., Ste 3001 Elizabeth City, NC 27909 252-264-39011252-331-2951 [fax] Christopher Colvin March 13, 2017 Page 2 of 3 You are also in violation of the State's Dredge and Fill Law which requires a permit from the North Carolina Department of Environment and Natural Resources before undertaking any excavating or filling in any estuarine waters, tidelands, marshlands, or state-owned lakes pursuant to N.C.G.S. 113.229. Therefore, I also request that you immediately CEASE AND DESIST such unauthorized activity. Violations of the State's Dredge and Fill Act may be enforced by a criminal penalty or a civil action for damages or an injunction in accordance with N.C.G.S.113-229. Based upon the North Carolina Administrative Code, Title 15A, Subchapter 07H. State Guidelines for Areas of Environmental Concern, the activity you have undertaken, the placement of fill material in non -coastal wetlands within 75' of NWL in the Estuarine Shoreline AEC, is not consistent with Section 15A NCAC 07J.0201 which states that every person or entity wishing to undertake any development in an AEC shall obtain a permit from the Department. In addition it appears that the area impacted may include non -coastal wetlands. Therefore, I am requesting that you provide a written determination from the US Army Corps of Engineers (USAGE) regarding the unauthorized placement of fill and complete any restoration that may be required. The enclosed Restoration Plan describes the action necessary to bring this project into compliance with the Act. If you intend to cooperate with my request, please sign one of the attached Restoration Agreements and return it to me in the enclosed, self-addressed envelope within ten (10) days of receipt of this letter. Failure to comply with this request or respond back to this office prior to the requested deadline with an acceptable schedule for compliance will be interpreted as a refusal to cooperate and will result in a Notice of Continuing Violation, as well as a court injunction being sought ordering compliance. 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, C/ W� Ron Renaldi Field Representative INC Division of Coastal Management Cc, Frank Jennings, District Manager, DCM Roy Brownlow, Compliance Coordinator, DCM RECEIVED Krysta Stygar, Regulatory Specialist, USACE MAR 17 2017 ENCLOSURE DCM- MHD CITY RESTORATION PLAN For Christopher Colvin Property CAMA Violation No.17.02A Property located at 3609 Caratoke Hwy, Currituck County 1. Provide documentation from the U.S. Army Corps of Engineers (USACE) stating that they have no objection to the unauthorized fill that occurred at 3609 Caratoke Hwy. If a statement of no objection cannot be obtained and restoration is required, DCM will require a restoration acceptance letter from the USACE. The USACE contact person is Krysta Stygar (910) 251- 4619. RECEIVED MAR 17 2017 DCM- MHD CITY I, Christopher Colvin, agree to provide the requested materials from the USACE and any restoration that they may require. I agree to complete this restoration to the satisfaction of the Division of Coastal Management (DCM) by April 4, 2017, or provide an explanation for non-compliance and a reasonable request for time extension. When corrective actions are complete, I will notify the DCM so the work can be inspected. SIGNATURE: DATE: it is the policy of the Coastal Resources Commission to assess a civil penalty plus investigative costs against all violations. 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. If restoration is not undertaken or satisfactorily completed, a substantially higher civil assessment will be levied and an injunction sought to require restoration. .a p�n� ��n 'f-. �,hi: e. t '' t A`: tV. a DCM ENFORCEMENT TRACKING REPORT j ssue Rep. Violation Case No. l� - 0,. A � n �ralc 1 Rep. Q Permit LPO t< Wwc Lash .r6� 5iti.�Y <.„.�h ❑ Was activity (if applicable) Yes Initial Discovery Date ,af,�o/ao1a Discovery Method 2'd014 �,y,_b)Q � t-1.•--- tr, V- Liod Violation Description Pla`wwn+ o4 J:11 J orb/F Violations: Yes Prior Case No: Respondent Name(s) Address US City State.Nc Zip d}9T8 Phone # Fax #/Email, Corporate Name & Registered agent Violation Type: Project Type: Authorizations Required: Site Visits Respondent Site Visits Present Respondent Present No Permit Permit Condition Private/Community Govt./Public y�I Major Ali CAMA Minor D&F \ o Expired Permit Commercial Q General aUr Q Inconsistent w/ Rules Tier Level: I II III Violation Location and Site Description Lat/Long W 4o-4Iho N ,_35 9919}0't^' Project Location: County Street Address/ State Road/ Lot #(a) 36oA oc r a }o kc- 14 w V ( -I6o6 Subdivision City- Kc'pte ZIP.. a� oks Phone#( River Basin Adj. Wtr. Body Ccr k Z Cu v�c %A �lfr unkn) -.- Closest Maj. Wtr. Body rr• K S n 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 App./Permit Fee Penalty Willful/Intent. Continuing Shoreline Length. SAV: Not Sure Yes �f Sandbags: Not Sure Yes PNA: Yes N Adjacent ORW: Yes (9 Adjacent -edrylab--- Yes No Photos Ye No Waiver Required Yes In DWQ Buffer Area Yes Specify DWQ Buffer if applicable::`r RECEIVED MAR 17 2017 D CIT Extension Granted Yes RestorationLetter Acceptance Date No 7J.0409 Ref. Recomm. Assess. DCM Assess. $ (JL.)Go $ $ $ Cd� Is $ Total 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 Q Respondent not responsive to penalty/NOV p Injunction to complete restoration Date Collection Letter Sent Date Demand Letter Sent Violation Activities and Impacts AECs Affected cW EW PTA E PTS OEA HHF IH UBA N/A PWS: FC: Other: Restoration Required by the Respondent LY"es�No NOTES: Closing Wetlands Impacted es No If yes, which types: SA DS cJ SY JR LS TY SS sc SP IF BF ®r;M- MHD CITY Payment Received $ Date Date Case Closed It NO 404)f R8,0100 6 � rD rD 3 rb - (A 0 a a = g zlli z z "Z 8' 1 9 0 0 z m 0 rc 0 0 0 0 0--<V N-00--WNZK 0100r K �w moo U�4 � 8-0 0, 00 9)0 0 § z M ti C 0 0;0 m 7 ZMoo m z RECEIVED m 0 Z MAR 17 2017 DCM- MHD CITY :2 a Z Z p 3" Li O I A lk. Coastal Management ENVIRONMENTAL QUALITY April 5, 2017 Christopher Colvin 115 N Lou Sawyer Rd. Moyock, NC 27958 RE: RESTORATION DEADLINE EXTENSION CAMA VIOLATION CASE #17.02 Dear Mr. Colvin: ROY COOPER Gnvemnr MICHAEL S. REGAN Se, rerrn'r BRAXTON DAVIS Dimr'mr This letter confirms your March 31, 2017 visit to our office in reference to the April 4, 2017 time limit for submitting a USACE restoration acceptance plan and the removal of fill material placed in 404-wetlands that you are legally responsible for within the Estuarine Shoreline Area of Environmental Concern. This area is adjacent to a manmade canal and Coinjock Bay on your property located at 3609 Caratoke Highway in Currituck County, North Carolina. Notice of Violation case #17-02 was issued to you on March 13, 2017 for the unauthorized work and requested restoration. Based on your conversation with Yvonne Carver and the circumstances surrounding this case, your request to extend the restoration time limit is approved in order to allow you additional time to comply with the requested restoration. The restoration time limit is extended to May 5, 2017. Please note that this extension is for a thirty (30) day period. The requested restoration must be performed to the satisfaction of the Division of Coastal Management by the date indicated or provide an explanation for non-compliance and a reasonable request for a time extension. Thank you for your cooperation in resolving this important matter. If you have any questions about this or related matters, please call me at (252) 264-3901. Sincerely, Ron Renaldi Field Representative NC Division of Coastal Management Cc: Frank Jennings, District Manager, DCM Roy Brownlow, Compliance Coordinator Krysta Stygar, Regulatory Specialist, USACE RECEIVED APR 10 2017 DCM_ MI -ID CITY State of North Carolina I Environmental Quality I Coanal Management 401 S. Griffin St., Ste 300 1 Elizabeth City, NC 29909 252-264-39011252-331-2951 [fax] I