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Home My WebLink About17-28D Signature River Oaks NC LtdU Coastal Management ENVIRONMENTAL QUALITY December 20, 2017 Signature River Oaks NC Ltd. c/o Michael Pollack 9337b Katy Freeway #377 Houston, TX 77024 ROY COOPER Govemor MICHAEL S. REGAN Secretary BRAXTON DAVIS Director RE: Closure Letter Payment of Proposed Penalty for Violations of the Coastal Area Management Act, Committed in New Hanover County CAMA Violation #17-28D Dear Mr. Pollack: This letter will acknowledge receipt of your check #1156 in the amount of $881.00 for the Notice of Violation dated November 7, 2017 issued by Tara MacPherson, representative for the Division of Coastal Management, for the unauthorized placement of fill adjacent to the Cape Fear River, off of River Road, in Wilmington, New Hanover County, North Carolina. Once the amount is credited to the account of the Department of Environmental Quality, this matter will be fully and completely closed. Thank you for your cooperation in resolving this violation. If you have any further questions concerning this matter, please contact me at the Wilmington Regional Office, (910) 796-7215. Sincerely, '0'C ✓ ' -- Debra D. Wilson District Manager sks/dw cc: Roy Brownlow, Compliance Coordinator Tara MacPherson, Coastal Management Representative, DCM Stale of North Carolina I Environmental Quality I Coastal Management 127 Cardinal Drive Ext., Wilmington, NC 29405 910-796-7215 RECEI 17D JAN DCp s r . FY CAMA VIOLATION #17.28D Signature River Oaks NC, Ltd 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 $881 against Signature River Oaks NC, Ltd for violation of the Coastal Area Management Act, NCGS 113A-100 et sec, committed on or near property located at 105 River Oaks Drive in New Hanover County, North Carolina. In order to resolve this matter with no further action or expense I accept responsibility for the violation on behalf of Signature River Oaks NC, Ltd, as described in the Notice of Violation letter dated November 7, 2017, and agree to pay the proposed civil assessment of $881. /"f/3/17 X �V x DATE ATUR x /'Am J&", vf/Doc� �c1 M ADDRESS l4r747? VC, 713. d0Z7�0X71 TELEPHONE NUMBER RECEIVED JAN 10 2018 DCM- MHD CITY State of North Carolina I Environmental Quality l Coastal Management RECEIVED Wilmington Office 1127 Cardinal Drive Extension I Wilmington, Noah Carolina 28405 DCM WILMINGTON. NC 910 796 7215 DEC 19 2017 CM ENFORCEMENT TRACKING REPORT Feld Rep. rk Coniplianc pLPO et,W1PJ_J t 1 � � Violation Description} Initial Discovery Date Violation Description Address L'7 �+ Discovery 0 Violation Case No. 1., Permit U M- City State Zip 0 mail 1 Violation Type: ojectType: AuorizationsReq ired: SdeVisits Respondent Site Visits Respondent se No Parrot Prvate/Communty Major CAM4 Pret Present Perrrt Condition Govt/Public MriorD&F I1t' O ❑ Fj Expired Permit Q cormiercial General l ��. El Inconsistentw/Rutes Tier Level: 1 II III � d ltzt Gr-w �l�d Violation Location and Site Description Lat/Long Project Location: County � (� Shoreline Length iq StreetAddress/ State Road/ Lot #(s) SAV: Not sure Yes Sandbags: Not Sure Yes o PNA: RECEIVE N Adjacent Subdivision ORW,. Yes No Adjacent City ZIP Cdt.Hab. JAN 10 217I8'es No Phone; ( _)_ River Basin Photos Y� �7 Adj. Mr. Body (_. Yen In u e�dl6'�HD 0 CbsestMaj.Wtr.Body - SpedfyDVVQBufferifapplicable: Restoration 11 Extension Granted Yes No NOV Date Initial Req. Corry. Date III 1 Restoration Letter ` CNOV Date Date Comp. Observed V Le Acceptance Date Penalty Assessment Sent to Respondent Date kq, � Rcvd. by Dist Ngr. Date Assessment Extended Yes No WIIfuVlntent. l01Zv - kw 12- U-\q ,� /Y� - e YY 1 �1nv s ( M Formal Assessments, Appeals and Reductions Date Long Form Submitted AssessmentAppealed: Yes No Date Formal CPA Submitted Q, Penalty modified Final Assessment $ Date Attorney General's Office for Injunction or Formal Collection Date serdto AG [ Respondent not responsNe to penalty/NOV Injunction to complete restoration Date Collection Letter Sent Date Demand Letter Sent Violation ActiHties and Impacts AECs: Wetlandslnpact Yes/ ffyes, whichtypes: CW EW PTA ES PTS SA ((//qq��(( SY JR LS TY 'TMA HHF IH UBA WA SS j��) IF BF PWS: FC: Other. Restoration Required by the Respondent Yes No Closing Payment Received $� v� Date pate Case Closed 'a -0 r Coastal Management ENVIRONMENTAL QUALITY December 7, 2017 CERTIFIED MAIL RETURN RECEIPT REQUESTED Signature River Oaks NC, Ltd cto Mr. Michael Pollack 9337b Katy Freeway # 377 Houston Texas 77024 RE; CAMA VIOLATION#17-28D Dear Mr. Pollack: ROY COOPER Governor MICHAEL S. REGAN Secretary BRAXTON C. DAVIS Director This letter is in reference to the Notice of Violation dated November 7, 2017 that Tara MacPherson, representative for the Division of Coastal Management, issued to Signature River Oaks NC, Ltd for placing earthen fill within Coastal Wetlands adjacent to the Cape Fear River at 105 River Oaks Drive in Wilmington, New Hanover County. The violation involved the Coastal Wetland AEC, which is an Area of Environmental Concern designated by the Coastal Resources Commission. Based upon my site visit conducted on December 6, 2017 with Paul Farley, Land Management Group Inc. and Tara MacPherson, Field Specialist (DCM), 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 $881 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 $881 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 Signature River Oaks NC, Ltd. You will then have the opportunity to request a hearing on the penalty or request settlement of the penalty. (RECEIVED State of North Carolina I Environmental Quality Coastal Management DEC 12 2017 Wilmington Office 1 127 Cardinal Drive Extension I Wilmington, North Carolina 28405 910 796 7215 DCM- MHD CITY Signature River Oaks NC, Ltd December 7, 2017 Page Two 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 (910) 796-7215. Sincerely, 1Y Debra Wilson District Manager Enclosures cc: Roy Brownlow, Compliance Coordinator, DCM Tara MacPherson, Coastal Management Representative, DCM Linda Painter, LPO Liz Hair, USACE Chad Coburn, DWR RECEIVED DEC 12 2017 State of North Carolina I Environmental Quality lCoastal Management DCM- MHD CITY Wilmington Office 1 127 Cardinal Drive Extension I Wilmington, North Carolina 28405 910 796 7215 t CAMA VIOLATION #17.28D Signature River Oaks NC, Ltd 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 $881 against Signature River Oaks NC, Ltd for violation of the Coastal Area Management Act, NCGS 113A-100 et sec, committed on or near property located at 105 River Oaks Drive in New Hanover County, North Carolina. In order to resolve this matter with no further action or expense I accept responsibility for the violation on behalf of Signature River Oaks NC, Ltd, as described in the Notice of Violation letter dated November 7, 2017, and agree to pay the proposed civil assessment of $881. DATE SIGNATURE ADDRESS TELEPHONE NUMBER State of North Carolina I Environmental Quality I Coastal Management Wilmington Office 1127 Cardinal Drive Extension I Wilmington, North Carolina 28405 910 796 7215 DEC 12 2017 DCM- NiHD CITY Coastal Managemen! ENWRONNENTAL QUALITY NOTICE OF VIOLATION November 7, 2017 CERTIFIED MAIL 7016 0910 0000 61714753 RETURN RECEIPT REQUESTED Signature River Oaks NC, Ltd c/o Mr. Michael Pollack 9337b Katy Freeway # 377 Houston Texas 77024 ROY COOPER G.v or MICHAEL S. REGAN I N."w n BRAXTON DAVIS RE. NOTICE OF VIOLATION AND REQUEST TO CEASE UNAUTHORIZED DEVELOPMENT CAMA VIOLATION #17-28D This letter confirms that on September 7, 2017 Kyle Dahl, US Army Corps of Engineers contacted this office regarding an unauthorized crossing through Wetland areas on property owned by Signature River Oaks NC, Ltd. Adjacent to the Cape Fear River off River Rd. in Wilmington, New Hanover County, NC. Subsequent site visits were made on September 12, 2017 by Tara MacPherson, DCM Field Specialist, and Courtney Spears, DCM Field Representative, and on October 20, 2017 by Debra Wilson, DCM District Manager, and Courtney Spears. The purpose of the visit was to investigate unauthorized development of placing earthen fill within Coastal Wetlands adjacent to the Cape Fear River. This letter also confirms correspondence via email with your consultant, Mr. Paul Farley. Information gathered by me for the Division of Coastal Management indicates that Signature River Oaks NC, Ltd has undertaken major development in violation of the Coastal Area Management Act (CAMA). No person or entity 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 indicates Signature River Oaks NC, Ltd has undertaken or is legally responsible for placing earthen fill in a Coastal Welland Area measuring approximately 30 ft. long by 8 ft. wide (240 sq. ft.) on the aforementioned property. This activity took place in the Coastal Wetland AEC that is contiguous with the Cape Fear River. Coastal Wetland areas are designated as Areas of Environmental Concern (AEC). No CAMA permit was issued to Signature River Oaks NC, Ltd 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 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. 11 3A-1 26. RECEIVED NOV 21 2017 aa1 Slate of North Carolina Environmental Quality Coastal Management C,PP, nRFCIT" 127 Cardinal Drive End., Wilmington, NC 28405 919 796 7215 . Signature River Oaks NC, Ltd November 7, 2017 PAGE TWO 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. Signature River Oaks NC, Ltd are also in violation of the State's Dredge and Fill Law which requires a permit from the North Carolina Department of Environmental Quality 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 Signature River Oaks NC, Ltd 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, placing earthen fill material in the Coastal Wetland AEC, is not consistent with Section is not consistent with Section .0205d Use Standards for Coastal Wetlands which states: Highest priority of use is allocated to the conservation of existing coastal wetlands. Second priority of coastal wetland use is given to those types of development activities that require water access and cannot function elsewhere. Therefore, I am requesting that the impacted Coastal Wetland Area be restored to pre -development conditions and the altered substrate be restored to the same elevation as the immediately adjacent natural grade. Also, remove any erosion control devices that disrupt the natural connection to adjacent Coastal Wetlands. 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 on behalf of Signature River Oaks NC, Ltd 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 Signature River Oaks NC, Ltd 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. 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 (910) 796-7215. Upon completion of the restoration as requested in the Restoration Plan Agreement to the satisfaction of the Division of Coastal Management, Signature River Oaks NC, Ltd 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. Sincerety, Tara MacPherson, Field S is t Cc: Debra Wilson, District Manager, DCM Liz Hair, USACE Linda Painter, LPO RECEIVED NOV 21 2017 Roy Brownlow, Compliance Coordinator, DC IQ CITY Chad Coburn, DWR State of North Carolina I Enviromnental Quality I CoaaW Management 127 Cardinal Drive Ext., Wdmington, NC 29405 919 796 7215 RESTORATION PLAN For Signature River Oaks NC, Ltd Property CAMA Violation No.17-28D Property located at 105 River Oaks Drive, New Hanover County 1. Restore approximately 240 square feet of impacted Coastal Wetlands to its pre -development condition and restore to the same elevation as the immediately adjacent natural grade. 2. Remove any erosion control devices that disrupt the natural connection to adjacent Coastal Wetlands. I, Michael Pollack, on behalf of Signature River Oaks NC, Ltd, agree to complete this restoration to the satisfaction of the Division of Coastal Management (DCM) by November 21, 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: RECEIVED NOV 21 2017 DATE: r,f-aiJ— MHD CITY 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. State of North Carolina I Enwonmental Quality I Coastal Management 127 Cardinal Drive Ext., Wilmington, NC 29405 919 796 7215 DCM ENFORCEMENT TRACKING REPORT Violation Case No. Issuer Phone # Corporate Name & Registered agent Violation Type: oject Type: r oations Req 'red: Site Visits Respondent Sde V s isPresent nt No Permit PrivatelComnun'ty Major JCAM4 Penrit Condition Govt/Public MnorD&F f O Expired Permit Q Conmercial General inconsistent w/Rules Tier Level: I II III Violation Location and Sfte'D1esccription Project Location: County 1 V F l 1 Street Address/ State Road/ Lot #(s) iq5 VAV& akg1V Subdivision ah ZIP Phone;( _)..�-7 River Basin Adj. W'tr. Body (_._. nat an /unlm) Closest Wj. Mr. Body NOV Date II_ CNOV Date T 1 ' Penalty Assessment Sent to Respondent Date Rcvd. by Dist futgr. Date Assessment Extended Yes No Lat/Long SAV: Not sure Yes rvo Sandbags: Not Sure Yes o PNA: Yes N Adjacent ORW.. Yes No Adjacent Cnt. Hab. Yes No Photos Yes WaiverRequired Yes In DVQ Buffer Area Yes No Specify DV1R Bufferif apPlicable'. 7 �I Extension Granted Yes No Initial Req. Corp. Date 1 Restoration Letter rate Corm. Observed Acceptance Date RECE DCM- MHD CIP' Formal Assessments, Appeals and Reductions Date Long Form Submitted AssessmentAppealed: Yes No Date Formal CPA Submitted Penalty modified Final Assessment$ Date Attorney General's Office for Injunction or Formal Collection Date sentto AG Respondent not responsive to penal ymv 7 injunction to complete restoration Date Collection Letter Sent Date Demand Letter Sent Violation Actitities and Impacts AECsA Wedandstrpact Yes! Ifyes, whichtypes: CW,J EW PTA ES PTS A HHF III UBA WA SA j/� SY JR LS TY PWs: FC: Ss /SC J IF BF 4 Other. Restoration Required by the Respondent Yes No NOTES: Closing Payment Received $ Date Date Case Closed