17-22D Goudarzi

CoastalManagement
ENVIRONMENTAL QUALITY
January 2, 2018
Hormoze A. & Suzanne H. Goudarzi
7509 Masonboro Sound Road
Wilmington, NC 28409
ROY COOPER
Governor
MICHAEL S. REGAN
Secretary
BRAXTON DAVIS
Dirmtor
RE: Closure Letter
Payment of Proposed Penalty for Violations of the Coastal Area Management Act,
Committed in New Hanover County
CAMA Violation #17-22D
Dear Mr.& Mrs. Goudarzi:
This letter will acknowledge receipt of your check #4232 in the amount of $1,872.00 for the Notice of
Violation dated September 1, 2017 issued by Courtney Spears, representative for the Division of Coastal
Management, for the unauthorized placement of fill adjacent to Masonboro Sound, off of Masonboro
Sound Road 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, [phone].
Sincerely,
4)"( A E----
Debra D. Wilson
District Manager
tam/dw
cc: Roy Brownlow, Compliance Coordinator
Courtney Spears, Coastal Management Representative, DCM
RECEIVED
JAN 10 2018
DCM- MHD CITY
State of North Carolina I Environn ental Quality I Coastal Management
127 Cardinal Drive Ext, Wilmington, NC 29405
910-796-7215

CAMA VIOLATION #17-22D
Hormoze A. & Suzanne H. Goudarzi
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 $1872 against me for violation of the Coastal Area Management Act, NCGS 113A-
100 et seq, committed on or near property located at 7527 Masonboro Sound Road in Wilmington, New
Hanover 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 September 1, 2017,
and agree to pay the proposed civil assessment of $1872.
DATE SIGNATURE p0
yc 75&I 'l,1'1 n%c✓r `Sa k.a
ADDRESS
l j 10vt t /\j G-To rj
TELEPHONE NUMBER
RECEIVED
JAN 1 o 201R,
ACM-.MHD �ATY
State of North Carolina I Environmental Quality I Coastal Management
Wilmington Office 1127 Cardinal Drive Extension I Wilmington, North Carolina 28405
9107967215

I DCM ENFORCEMENT TRACKING REPORT
x� S - Vt,Ys esr Violation Case No. fl 'ZZ
1 Field Rep.
Compliance Rep. PYMr, M,cul�0 01 0 I
LPGLiiYtda ��fty PermtNo.N
('rfapplicable)
LPJ
■
i� Violation Description _ Was activity pernrttable?Yes /No
Initial Discovery Date Q1 14• DiscovveryMethod S I I P �� rtiA
Violation Description 62vl ye -in r," rO/o fill to f nn i i WitHlf l LG I'
RespondentName(s)
Address -lam;
Phone #
Name &
Violation Type:
No Permit
Permit Condition
Expired Permit
Inconsistent w / Rules
Project Type:
Private/Community
Govt/Public
Q Commercial
Tier Level: 1 11
city Wtlwutt�
Fax #/Emil
/ rA 1 - nfA1.e4--
Authorizations Required:
Major CAMA
Mnor D&F
-General_
Violation Location and Site Description p
Project Location: County N . I -I y aftoyLC
StreetAddress/ State Road/ Lot #(a) moon
Ak1�1 91A
Subdivision
city kAft"livital
Phone # ( _).. r Raver Basin Owe kaE
Adj. Vvtr.Body Al wlv r�(nat/ n)U nto)
Closest Maj. Wtr Body AA -US [ 1� 11
zip HL/U�
SdeVisks Respondent Site Visits Respondent
Present Present
1 p
El
Lat/Long
i
Shomline Length L/ •
SAM Not Sure Yes /N0J
Sandbags Not Sure C.YGes� 9
PNA � No Adjacent
REC E I / C � y+res / No Adjacent
crit. Hab. C YY CC LL..[[YYeesss
PhOJAN 10 2018 ® No
J((JWqq��aiiivNvvWerrRequired [[�����TT''YY�e//s o
Yes
D bp-MariraPPlRcade: o _
Restoration
Extension Granted
Yes No
NOV Date I 1 IT
Initial Req. Cone. Date
t
Restoration Letter
Acceptance Date
CNOV Date
pomp. Observed
Penalty Assessment
�Djate
l � , I
Sent to Respondent Date
Rcvd. by Dist Mgr. Date
Assessment Extended Yes No
7J.1k109 Ref.
CCI
Faaconm Assess. DCM Assess.
App./Permit Fee
$ $
Penalty
$
$
Willtul/lntent
$ $
Continuing
$ $
Investigative
$
$
Total
L%yw
141ull� C�,--0A � u�
Wl.

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
Data sentto AG Respondent not responsive to penalty/WV injunction to complete restoration
Date Collection Letter Sent Date Demand Letter Sent
Violation ActiNties and Impacts
Allis Wedands"ac Yes/ If yes,whichtypes:
HHF IH UBA WA
T
EPTA PTA SA DS CJ SY JR LS TY
PWS: FQ SS SC SP IF BF 404
Other.
Restoration Required by the Respondent Yes No
Dimensionsin excess Dimensionsto restore Finaldimensions Actuallyrestored
of perm it/ unauthorized activities al I owed
NOTIES:
1
Payment Received $ -908- I� Date Case Closed

Coastal Management
ENVIRONMENTAL 3uALTY
01
December 19, 2017
CERTIFIED MAIL 7016 0910 0000 6171 4777
RETURN RECEIPT REQUESTED
Hormoze A. & Suzanne H. Goudarzi
7509 Masonboro Sound Road
Wilmington, NC 28409-2955
RE: CAMA VIOLATION #17-22D
Dear Mr. & Mrs. Goudarzi:
ROY COOPER
Governor
MICHAEL S. REGAN
secretary
BRAXTON C. DAVIS
Director
RECEIVED
DEC 2 0 P017
')CM- MHD CITY
This letter is in reference to the Notice of Violation dated September 1, 2017 that Tara MacPherson,
representative for the Division of Coastal Management, issued to you for placement of broken concrete fill in
.the Coastal Wetland Area of Environmental Concern adjacent to Masonboro Sound at 7527 Masonboro.
Sound Road, New Hanover County. The violation involved Coastal Wetland Areas, which are Areas of
Environmental Concern designated by the Coastal Resources Commission. Based upon the site visit
conducted on October 4, 2017 by DCM Staff, the October 27, 2017 correspondence with your consultant Ms.
Dana Lutheran and the December 13, 2017 correspondence with your consultant David Syster, 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 $1872 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 $1872 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.
State of North Carolina 1 Environmental Quality I Coastal Management
Wilmington Office 1127 Cardinal Drive Extension I Wilmington. North Carolina 28405
910 796 7215

Hormoze A. & Suzanne H. Goudarzi
December 19, 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 [phone].
Sincerely,
Debra Wilson
District Manager
Enclosures
cc: Roy Brownlow, Compliance Coordinator, DCM
Tara MacPherson, Coastal Management Representative, DCM
Linda Painter, LPO
Liz Hair, USACE
DEC 2 0 2017
DCM- MHD CITY
State of North Carolina I Environmental Quality I Coastal Management
Wilmington Office 1127 Cardinal Drive Extension I Wilmington, North Carolina 28,405
910 796 7215

1
CAMA VIOLATION #17-22D
Hormoze A. & Suzanne H. Goudarzi
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 $1872 against me for violation of the Coastal Area Management Act, NCGS 113A-
100 et sec, committed on or near property located at 7527 Masonboro Sound Road in Wilmington, New
Hanover 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 September 1, 2017,
and agree to pay the proposed civil assessment of $1872.
DATE
SIGNATURE
ADDRESS
TELEPHONE NUMBER
RECEIVED
DEC 2 0 2017
DCM- MHD CITY
State of North Carolina I Environmental Quality I Coastal Management
Wilmington Office 1127 Cardinal Drive Extension I Wilmington, North Carolina 28405
910 796 7215

Coastal Management
ENVIRONMENTAL QUALITY
September 1, 2017
CERTIFIED MAIL 7014 2120 0000 8055 4652
RETURN RECEIPT REQUESTED
ROY COOPER
Governor
MICHAEL S. REGAN
I Seircrnry
BRAXTON DAVIS
Duv, or
RECEIVED
Hormoze A. & Suzanne H. Goudarzi SEP 06 2017
7509 Masonboro Sound Road
Wilmington, NC 28409-2955 DC M- M H D CITY
RE: NOTICE OF VIOLATION AND REQUEST TO CEASE UNAUTHORIZED DEVELOPMENT
CAMA VIOLATION #17-22 ID
Dear Mr. & Mrs. Goudarzi:
This letter confirms that on August 31Et, 2017 Robb Mairs, Environmental Senior Specialist, David Syster, SEGI,
Dana Lutheran, SEGI, and I were onsite at your property located at 7527 Masonboro Sound Road adjacent to
the Atlantic Intracoastal Waterway (AIWW) and Masonboro Sound, located in or near Wilmington, New Hanover
County, North Carolina. The purpose of the visit was to investigate unauthorized placement of broken concrete
fill in Coastal Wetlands within Masonboro Sound. This letter also confirms an email from Dana Lutheran on
August 18th, 2017, and a phone call between Dana Lutheran and I on August 29th, 2017 regarding this matter.
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 Environmental Quality. 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 placement of
approximately 3,146 ft2 of broken concrete fill in four areas measuring 1)16' by 18' and 60' by 18', 2)14' by 35',
3) 40' by 25', and 4) 48' by 6' in Coastal Wetlands on the aforementioned property. This activity took place in a
Coastal Wetlands Area of Environmental Concern consisting primarily of Smooth Cordgrass (Spartina
altemi0ora), Saltmeadow Cordgrass (Spartina Patens), Glasswort (Saticomia spp.), and Spike Grass (Distichlis
Spicata) that is contiguous with the Masonboro Sound. Coastal Wetlands areas are designated as Areas 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 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. 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
State of North Carolina I Environmental Quality I Coastal Management
127 Cardinal Drive Ext., Wilmington, NC 29405
919 796 7215

Hormoze A. and Suzanne H. Goudarzi
September 1, 2017
PAGE TWO
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.
You 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 you
immediately CEASE AND DESIST such unauthorized activity and contact me about this matter as well.
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, Subchap%1 07H. State Guidelines for Areas of
Environmental Concern, the activity you have undertaken, placing broken concrete fill in the Coastal Wetlands
AEC, is not consistent with Section 07H .0205, which states the first use priority as conservation and the second
use priority as water access. Therefore, I am requesting that all broken concrete fill be removed from the
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 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 about
these important matters.
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.
SincGeIerely,
pe e resentativ�eourtney
astal Maria
Cc: Debra Wilson, District Manager, DCM Darrell Galloway, LPO
Roy Brownlow, Compliance Coordinator, DCM Kyle Dahl, USACE
David Syster, SEGI Chad Coburn, DWR
State of North Carolina I Environmental Quality I Coastal Management
127 Cardinal Drive Ext., Wilmington, NC 29405
919 796 7215

RESTORATION PLAN
For
Hormoze A. and Suzanne H. Goudarzi Property
CAMA Violation No.17-22
Property located at 7527 Masonboro Sound Road, New Hanover County
1. Remove all 3,146 ft2 of broken concrete fill from the Coastal Wetlands. Restore the impacted area
We, Hormoze A. Goudarzi and Suzanne H. Goudarzi, agree to complete this restoration to the satisfaction
of the Division of Coastal Management (DCM) by October 1st 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: SIGNATURE:
DATE:
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.
RECEIVE.
State of North Carolina I Environmental Quality � Coastal Management S E P 0 6 201)
127 Cardinal Drive Ext., Wilmington, NC 28405
9197967215
DCM- HAND C "

DCM ENFORCEMENT TRACKING REPORT
�l
i
k4
. 11.i1i..r 1_
.,. _ .
Violation Descriptionsr�
Initial Discovery Date u� � Discovery Method /
Violation Description 4)I/D Ut1 C'�_YLC►re 9j (( 1
Respond
Address
Phone # Fax #/Email
Name &
Violation Case No. I -%Z
Permit No. / • 1
(lapplicable)
Was activity permittable? Yes / No
Violation Type: Project Type: Authorizations Required: Site Visits Respondent Re Visits Respondent
/f,����� te�seResent
t
No F9rm t Private/Community � Major CAW Present �— — 4y An / t t ❑,
rmit Condition Govt/Rrblic Minor D&F
Penor 7i
PExpired Permit ConTrercial General
Inconsistent w/Rules Tier Level: 1 II III
Violation Location and Site Description
Project Location: County uv fi Q.f t-OY&
StreetAddress/ State Road/ Lot #(s) IM (.(,S,`I "
Subdivision
City tiA?Dvt ZIP
T
Phone # ( _}. River Basin M iY
Adj. Mr. Body (nat n nlm)
ClosestMaj.Mr Body AAA,S014 tn,svr, CInn
I
Lat/Long
Shomline Length
(`-
SAV: Not Sure
Yes o
Sandbags: Not Sure
N
PNA:
® No Adjacent
ORW..
(Ae/s/ Adjacent
Crit. Hab.
es Co
Photos
® No
WaiverRequired
Yes o
In DNq BufferArea
Yes o
specify DNA Bufferif applicable:
Restoration
Fxfwneinn Granted Yes No
NOV Date 'II IT
CNOV Date
Penalty Assessment
Sent to Respondent Date
Rcvd. by Dist Mgr. Date
Assessment5dended Yes No
RECEIVED
SL. ^ _ I .7
Initial Req. Comp. Date
Date Comp. Observed �� t
Restoration Letter
Acceptance Date
7J.0409 Ref.
Recoan. Assess.EAssess.$
$
$
Total

Formal Assessments, Appeals and Reductions
Data Long Form Submitted AssessmentAppealed:Yes No `y
Date Formal CPA Submitted Q, Penalty modified
Final Assessment $ Date
Attorney General's Office for Injunction or Formal Collection
Date sentto AG Respondent not responsive to penaV/NOVFI Injunction to complete restoration
Date Collection Letter Sent Date Demand Letter Sent
Violation Actinties and Impacts
AECs EW PTA ES PTS Wetlandshrpacte Yes/ o If yes, which types:
CW
A HHF IH UBA N/A - SA DS cJ SYJR LS TY
PM. Fr.. SS Sc SP IF BF 404
NOTES:
Closing
Payment Received $
Date
Date Case Closed

Coastal Management
ENVIRONMENTAL QUALITY
e
October 30, 2017
Hormoze A. & Suzanne H. Goudarzi
7509 Masonboro Sound Road
Wilmington, NC 28409-2955
RE: RESTORATION ACCEPTANCE — CAMA VIOLATION #17.22D
Dear Mr. & Mrs. Goudarzi:
ROY COOPER
Governor
MICHAEL S. REGAN
Secretary
BRAXTON C. DAVIS
Director
RECEIVED
NOV 0 2 2017
DCM- MHD CITY
This letter is in reference to the Notice of Violation # 17-22D sent to you dated September 1, 2017 for the unauthorized
placement of broken concrete fill in the Coastal Wetland Area of Environmental Concern in or near Masonboro Sound
and the AIWW. The violation took place on property located at 7527 Masonboro Sound Road in Wilmington, New
Hanover County, North Carolina. This unauthorized activity constituted development and you were requested to
remove all concrete fill from Coastal Wetland Areas and restore the impacted areas to the same contour and grade as
the immediately adjacent wetland areas. In accordance with the North Carolina Administrative Code, Title 15A,
Subchapter 710410, any violation involving development which is inconsistent with guidelines for development within
Areas of Environmental Concern (AEC) must be corrected by restoring the project site to pre -development conditions
to recover lost resources or to prevent further resource damage.
DCM staff met with you at the aforementioned property on October 4, 2017 to inspect the restoration of the
unauthorized activity addressed in Notice of Violation 17-22D. Based on this inspection, and the October 27, 2017
correspondence with your consultant Ms. Dana Lutheran, it appears the restoration is accomplished to the satisfaction
of this Division. Upon my submission of an enforcement report, you will be notified as to the amount of the civil penalty
for undertaking this unauthorized activity within an Area of Environmental concern.
Thank you for your attention and cooperation in this matter. If you have any questions pertaining to this matter, please
feel free to call me at [phone].
Sincerely,
`, rid
Tara MacPherson
Field Specialist, DCM
Cc: Debra Wilson, District Manager, DCM Darrell Galloway, LPO
Roy Brownlow, Compliance Coordinator, DCM Kyle Dahl, USACE
David Syster, SEGI Chad Coburn, DWR
State of North Carolina ! Emironmental Quality': Coastal Management
Wilmington Office 1 127 Cardinal Drive Extension ' Wilmington. North Carolina 28405
910 796 7215