17-11A Chimento

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Coastal Management
ENVIRONMENTAL OIALITY
NOTICE OF VIOLATION
June 2,2017
CERTIFIED MAIL 70151520000355154363
RETURN RECEIPT REQUESTED
Michelle Chimento
4025 West Soundside Rd.
Nags Head, NC 27959
ROY COOPER
Gm071M
MICHAEL S. REGAN
secretary
BRAXTON C. DAVIS
Director
RE: NOTICE OF VIOLATION AND REQUEST TO CEASE UNAUTHORIZED DEVELOPMENT
LAMA VIOLATION #17-11A
Dear Ms. Chimento:
This letter confirms that on May 30, 2017, Cynthia Rountree Field Representative with the Division of Coastal
Management was onsite at your property located at 4018 West Soundside Road adjacent to the Roanoke Sound
located in or near Nags Head, off US Hwy 158, in Dare County, North Carolina. The purpose of the visit was to
investigate unauthorized development including the placement of broken concrete waterward of normal water level
(NWL) and in noncoastal wetlands. This letter also confirms our onsite meeting on June the 1, 2017 to discuss
restoration.
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.) 11 3A-1 18.
have information that indicates you have undertaken or are legally responsible for placing broken concrete within the
Roanoke Sound and within noncoastal wetlands within the 30 foot buffer without a permit on the aforementioned
property. This activity took place in the Public Trust Area, Estuarine Waters and Estuarine Shoreline that are
contiguous with the Roanoke Sound. Public Trust Areas, Estuarine Waters and Estuarine Shoreline areas are
designated as Areas of Environmental Concern (AEC). No CAMA permit was issued to you for work in these areas.
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 unauthorized 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 sep`�y
subject to an additional assessment of $10,000. An injunction or criminal penalty may also behtd rf}f
violation in accordance with N.C.G.S.113A-126. JUN 0 9 2017
DCM- MHD CITY
State of North Carolina I Environmental Quality I Coastal Management
Elizabeth City Office 1 401 South Griffin Street, Suite 300 1 Elizabeth City, North Carolina 27909
2522643901

Michelle Chimento
June 5, 2017
Page 2 of 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, Subchapter 07H. State Guidelines for Areas of
Environmental Concern, the activity you have undertaken, placing broken concrete riprap waterward of NWL greater
than 6 inches above the adjacent wetland substrate and placing riprap within noncoastal wetlands within the 30 foot
buffer and the 75 foot AEC into the sound and within the 30-foot buffer and 75 foot AEC in the Public Trust Areas,
Estuarine Waters and Estuarine Shoreline AEC(s), 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 (USACE) 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 [phone]. 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,
Cynthia Rountree
Field Representative
NC Division of Coastal Management
Cc: Frank Jennings, District Manager, DCM
Roy Brownlow, Compliance Coordinator, DCM
Lynn Mathis, Field Specialist, DCM
Josh Pelletier, USACE
ENCLOSURE

Michelle Chjmento
June 5, 2017
Page 2 of 2
RESTORATION PLAN
For
Marc Chimento Property
CAMA Violation No. 17-11A
Property located at 4018 West Soundside Road, Dare County
1. The U.S. Army Corps of Engineers (USAGE) stated in an e-mail correspondence (enclosed) received June 1,
2017 that they require restoration of the jurisdictional wetlands at 4018 West Soundside Road. DCM will require
a restoration acceptance letter from the USACE. If you have any further questions regarding these wetlands the
USACE contact person is Josh Pelletier (910) 251- 4605.
2. Remove all concrete and Fill that has been placed within noncoastal wetland as identified by the USACE and
within the 75 foot AEC totaling approximately 322 square feet.
3. Bring the height of the riprap placed waterward of the wetland toe to 6 inches above the adjacent wetland
substrate grade as required by 15 NCAC 07H.2405(f).
4. Mats must be used if using machinery to cross over wetlands in order to remove the rock.
I, Michelle Chimento, agree to remove any rock or fill material from the 75 AEC and bring the height of the riprap along
the wetland toe to 6 inches above the wetland substrate.
I agree to complete this restoration to the satisfaction of the Division of Coastal Management (DCM) by July 1, 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 event of the damage to
them. If restoration is not undertaken or satisfactorily completed, a substantially highercivilassessment will be levied and an injunction sought
to require restoration. RECEIVED
JUN 0 0 2017
DCM- M H 0 CITY

From: Pelletier, Josh R CIV CESAW CESAD (US) <[e-mail]>
Sent: Thursday, June 01, 2017 6:10 AM
To: Cynthia Rountree
Subject: RE: Core wetlands violation
Cynthia,
Thanks for the pictures. We would require restoration of the jurisdictional wetlands as any material places in these
areas would have required authorization from the Army Corps of Engineers. If you need anything else from me let me
know and as always I appreciate you guys keeping us in the loop! Thanks again!
Josh
-----Original Message -----
From: Cynthia Rountree[mailto:[e-mail]]
Sent: Wednesday, May 31, 2017 9:52 AM
To: Pelletier, Josh R CIV CESAW CESAD (US) <[e-mail]>
Subject: [Non-DoD Source] Core wetlands violation
Josh,
Good Morning! I hope all is going well there. I was out yesterday investigating a complaint about rocks being placed in
the water and noticed that the wetlands on the property are core wetlands. They have placed rock in the wetlands and
have driven an excavator through them. We will take the lead on this violation but I need an e-mail or something
officially from you as to weather or not you will want any restoration of these wetlands and how much of the rock you
would like removed. I am attaching some pictures from yesterday along with the property information and pictures
from before the violation occured. Please let me know how you would like me to proceed with the core wetlands that
were affected by the rock placement. If you have any questions please feel free to give me a call or e-mail. Thanks for
your assistance with this matter.
Sincerely,
Cynthia
Cynthia Rountree
Field Representative
Division of Coastal Management
NC Department of Environmental Quality
ec '- D
JUN ®9 2011

252-264-3901, ext. 233
252-331-2951(fax)
[e-mail] <mailto:[e-mail]>
401 South Griffin Street Suite 300
Elizabeth City, NC 27909
Email correspondence to and from this address is subject to the
North Carolina Public Records Law and may be disclosed to third parties.
JUN ® 9 2017
DCM- MHO CITY

(d) This permit shall not be applicable to proposed construction where theDivision of Coastal Management has determined,
based on an initial review of the application; that notice and review pursuant to G.S. 113A-119is necessarybecause there are
unresolved questions concerning the proposed activity's impact on adjoining properties or on water quality; air quality;
coastal wetlands; cultural or historic sites; wildlife; fisheries resources; or public trust rights.
(e). This permit-shall.notsliminate the need to -obtain any.other required state, local, or federal authorization.
(f) Development carried out under this permit shall be consistent with all local requirements, AEC Guidelines, and local land
use plans current at the time of authorization.
History Note: Authority G.S. 113A-107,• 113A-118.1;
Eff. August 1, 2000;
Amended Eff.' February 1, 2009.
15ANCAC 07H.2405 SPECIFIC CONDITIONS
(a) This general permit shall only be applicable along shorelines possessing wetlands, which exhibit an identifiable
escarpment.
(b) The structure shall be constructed of granite, marl, riprap, concrete without exposed rebar, or other suitable equivalent
materials approved by the Division of Coastal Management.
(c) The height of the erosion escarpment shall not exceed three feet.
(d) The riprap shall be placed immediately waterward of the erosion escarpment.
(e) The riprap revetment shall be positioned so as not to exceed a maximum of six feet waterward ofthe erosion escarpment
at any point along its alignment with a slope no flatter than three feet horizontal per one foot vertical and no steeper than one
and one half feet horizontal per one foot vertical.
(0 The riprap shall be positioned so as not to exceed a maximum of six inches above the elevation of the adjacent wetland
substrate or escarpment.
(g) Where the Division of Coastal Management determines that insufficient wetland vegetation exists along the pemrittee's
shoreline to provide adequate shoreline stabilization, the permittee shall be required to plant appropriate wetland vegetation
landward of the riprap revetment as directed by the Division of Coastal Management.
(h) Construction authorized by this general permit will be limited to a maximum length of 500 feet.
(i) No bacldrll or any other fill of wetlands, submerged aquatic vegetation, estuarine waters, public trust areas, or highground
areas is authorized by this general permit.
0). No excavation of the shallow water bottom, any wetlands, or high ground is authorized by this general permit.
(k) Riprap material used for revetment construction shall be free from loose dirt or any pollutant and be of a size sufficient to
prevent its movement from the site by wave action or currents.
0) If the crossing of wetlands with mechanized or non -mechanized construction equipment is necessary, temporary
construction mats shall be utilized for the area(s) to be crossed. The temporary mats shall be removed immediately upon
completion of construction of the riprap structure.
(m) The permittee shall maintain the structure in good condition and in conformance with the terms and conditions of this
permit or the remaining riprap revetment shall be removed within 90 days of notification from the Division of Coastal
Management.
History Note: Authority G.S. 113A-107; 113A-118.1;
Eff. August 1, 2000;
Amended Eff. February 1, 2009.
JUN 0 9 2017
DCM-- WD CITY
76

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DCM ENFORCEMENT TRACKING REPORT
Issuer
Field Rep. _l n�'H 'i I� Ci,.niYr' �. ED
LPO ❑
Description
Violation Case No. I I- I I A
Violated Permit N
(if applicable)
Was activity permiltable? Yes / No
Initial Discovery Date W ... 4� 7t:i7 Discovery Method t_Gtgln ol- pdu'a C51I % -
Violation Description Ko • V V.,e -1>
ikII CA, ISU p ,eed L i 4NI 41 7,:-)' 11 F-C
Respondent Information Prior CAMA or D/F Violations: Yes ANo
RespondentName(s) Har'c 0Lym,2y4cj (Landowner/Agent/Contractor)
1{�) 2'7R$
Address Daj i.1�2'1 �- SOu n�S• n(t f,iC�e Kc�• City ,-�QOi$ __� State iEl Zip
Phone # Soll - q a `1 0 - 5a 3 Fax # U
Email
Violation Type:
Project Type:
Authorizations Required:
Site Visits RePsppoonndf nt Site Visits
RePspponnd nt
91 No Permit
® Private/community
[] Major © CAMA
5��v ❑
Permit Condition
Govt./Public
Minor Q D&F�
©
❑
Expired Permit
Commercial
0 General
❑
El
w/ Rules
Tier Level: 1 II
III
Violation Location and Site Description
` i%' 35 "N
' 75"3-1'53,65" �J
Lat/Long •
Project Location: County bcLele
Street Address/ State Road/ Lot #(s)
q01 b Luae l Soui Ssao �d
Subdivision —
City Items 11 9d ZIP 21 q 5 �1
Phone # ( 86' ) q;to -,1523 River Basin ?aSs&
Adj. Wlr. Body ILtic A 1,: &,s ,( r�a 'man /unkn)
Q k S „i
Shoreline Length 116 /
SAV: Not Sure•
Yes No
Sandbags: Not Sure
Yes No
PNA:
Yes V Adjacent
ORW:
Yes (: ` Adjacent
Crit. Hato.
Yes No
Photos
Yes No
Waiver Required
Yes No
In DWQ Buffer Area
Yes No
Closest Maj. Wtr. Body o0.YLe r Specify DWQ Buffer if applicable:
Restoration Extension Granted Yes No
NOV Date
CNOV Date
Penalty Assessment
Sent to Respondent Date
Rcvd, by Dist. Mgr, Date
Assessment Extended Yes
Initial Req. Comp. Date
-- Date Comp. Observed
App./Permit Fee
Penalty
Willful/Intent.
No
Restoration Letter
Acceptance Date
7J.0409 Ref.
Recomm. Assess.
DCM Assess.
$
$
$
® CITY
$
Total

Formal Assessments, Appeals and Reductions
Date Long Form Submitted
Date Formal CPA Submitted
Final Assessment $ Date
Attorney General's Office for Injunction or Formal Collection
Assessment Appealed: Yes No
❑ Penalty modified
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:
OCW EA PT ESQ PTS
TTBA SA DS CJ SY JR LS TY
PWS: FC: - - Ss SC SP IF BF 40
Restoration Required by the Respondent Q;> No
Dimensions in excess
of permit/ unauthorized activities
Dimensions to restore
Final dimensions
allowed
Actually restored
Development Activities
, rc:.. t
Habitat Description
141 4W wF
.a oPk
Closing
Payment Received $ _ Date Date Case Closed

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906
Coastal Management
ENVIRONMENTAL QUALITY
August 25, 2017
CERTIFIED MAIL 70151520000355154486
RETURN RECEIPT REQUESTED
Michelle Chimento
4025 West Soundside Road
Nags Head, NC 27959
RE, CAMA VIOLATION #17-11A
Dear Ms. Chimento:
ROY COOPER
G,n,e,n,.lr
MICHAEL REGAN
serrnnry'
BRAXTON DAVIS
Director
This letter is in reference to the Notice of Violation dated June 2, 2017 that Cynthia Rountree, representative
for the Division of Coastal Management, issued to you for the unauthorized placement of broken concrete
within the Roanoke Sound and noncoastal wetlands within the 30-foot buffer at 4018 West Soundside Road
in Nags Head, Dare County. The violation involved the Public Trust Area, Estuarine Waters and Estuarine
Shoreline, which are Areas of Environmental Concern (AECs) designated by the Coastal Resources
Commission. Based upon the site visit conducted on July 25, 2017 by Ms. Rountree, 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 $646.00 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 $646.00 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.
(R��
AUG 31 2017
,0CW1., wivio C�T�
State of Notch Carolina I Enwonneental Quality 1 Coastal Management
401 S. Griffin St., Ste 3001 Elizabeth City, NC 27909
252-264-39011252-331-2951(fax]

Michelle Chimento
August 25, 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 [phone].
Sincerely,
,�
Frank Jennin s
District Manager, Northeastern District
NC Division of Coastal Management
FJ/yc
Enclosures
cc: Roy Brownlow, Compliance Coordinator, DCM, Morehead City
Cynthia Rountree, Coastal Management Representative, DCM, Elizabeth City
Josh Pelletier, USACOE, Washington
AUG 31 2917
®CM- NIHD CITY

CAMA VIOLATION #17.11A
Marc Chimento
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 $646.00 against me for violation of the Coastal Area Management Act, NCGS 113A-
100 et se , committed on or near property located at 4018 West Soundside Road in Nags Head, Dare 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 June 2, 2017, and agree to
pay the proposed civil assessment of $646.00.
DATE
SIGNATURE
ADDRESS
TELEPHONE NUMBER
RECEIVED
AUG 31 2017

DCM ENFORCEMENT TRACKING REPORT
�
Field Rep. � . }� .i , puy ¢yp Issuer ® Violation Case No. I - j
LPO
Violated Permit No.
LPd (if applicable)
Violation Description Was activity permutable. Yes, No
Initial Discovery Date " p, ;2Ci7 Discovery Method (.'f; 'z°
0 lu dM t4.r 3ti•E Lz. Ft't J
Violation Description QO C Oat cd, it Kcc,nrV 5
77,77,
Respondent information Prior CAMA or D/F Violations: Yes ti�o
(Landowner/AgenUContractor)
RespondentName(s) �1LtrC GlAlwtetn r` ((1� I - a`I�5�1
SCun��5�CR2 Rd. City �) , � 'SrLV _ State NC Zip
Address ��a� Lli2"i- �`� _,___._..
Phone # SOLI — o A U " Fax #
Email
Violation Type: Project Type:
Authorizations Required:
Site Visits RePsponndf nt Site Visits
sen93
R Present nt
No Permit ® Private/Community Major © CAMA
❑
513
El❑
Permit Condition ❑ Govt./Public
©0//
Minor D&F
—1 Q
❑
Expired Permit ❑ Commercial
0 General
❑
❑
Inconsistentw/ Rules Tier Level` I
11 III
11
Violation 11 Location and Site D11 es11 c11 ription
Lat/Long 3, ° 7� 35 IV
"15`37 53.6D W
Loc
f
Shoreline Length
Project Location: County
Street Address/ State Road/ Lot #(s)
SAV: Not Sure Yes No
Yes No
C fl e
/
J�U
Sandbags: Not Sure
t' 1 G
7 U I (i LL.JeS JOuv Silr2
rr'
PNA: Yes �jdl '
Adjacent
Subdivision '—''++
ORW: Yes �
Adjacent
City I�Gt./etC tt�n ZIP
�1
Q7 q S ��
Crit. Hab. Yes la
Yes No
Phone # ( Cr ) r 20 — y1523 River Basin
•� cc
Photos
pp l� 5(SL�h
a Oman /unkn)
Waiver Required Yes No
Adj. Wlr. Body "Lhnn1L
In DWQ Buffer Area Yes N
Closest Maj. Wtr. Body ROLE A e ✓<
Sao J
Specify DWQ Buffer if applicable:
NOV Date
CNOV Date 7j27/f7
Penalty Assessment
Sent to Respondent Date
Rcvd. by Dist. Mgr. Dale
Ass g+erCEIVEOes
AUG :31 2017
Initial Req. Comp. Date
Date Comp. Observed
7J.040g Ref.
App./Permit Fee
Extension Granted Yes No
Restoration Letter
Acceptance Date to
$
Recomm. Assess. I DCM Assess.
$
Penalty I Cxyt'fiA Is '3.aQ. la
Willful/Intent. $ $
No $ $
Continuing
Investigative L $ e1�0 $
Total

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 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<Y@0 No If yes, which types:
0 A PTfU EAS) PTSS
`MA SA DS CJ SY JR LS TY
PWS: FC: SS SC SP IF BF 40
Other:
Restoration Required by the Respondent Yes No
Dimensions in excess
of permit/ unauthorized activities
Dimensions to restore
Final dimensions
allowed
Actually restored
Development Activities
r4P Once,!
b
♦r
Habitat Description
pp n 1
NOTES: 'd
16
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uDs,Ved o�,* VieA4% L,tW d '/Ar i k,
d Wlet CL w Kc,W'e r,6,J Rsh ♦,n, — /A
o..,�
Closing
Payment Received $ Date Date Case Closed