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Home My WebLink About17-05A SalmonsROY COOPER Gawmor Coastal Management ENVIRONMENTAL QUALITY NOTICE OF VIOLATION April 24, 2017 CERTIFIED MAIL #70151520 0003 5515 4271 RETURN RECEIPT REQUESTED James H. Salmons, III PO Box 57008 Virginia Beach, VA 23457 MICHAEL S. REGAN Secretary BRAXTON C. DAVIS Dwaor RE: NOTICE OF VIOLATION AND REQUEST TO CEASE UNAUTHORIZED DEVELOPMENT CAMA VIOLATION #17-05A Dear Mr. Salmons: This letter confirms that on April 13, 2017, 1 was onsite at your property located at 2240 Sailfish Road, adjacent to a man-made canal leading to Knotts Island Bay, located within the Carova Beach subdivision in Corolla, Currituck County, North Carolina. The purpose of the visit was to verify water depths within the adjacent canal for a CAMA Major Permit application you submitted. This visit lead to the discovery of a dock that was installed without CAMA authorization on your property. This letter also confirms our phone conversation on Thursday April 20, 2017. 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. 1 have information that indicates you have undertaken or are legally responsible for the installation of an t8'x4' pier section to a 16'x4' platform on the aforementioned property. This activity took place in the Public Trust Area and Estuarine Waters that are contiguous with the Currituck Sound. The Public Trust Area and Estuarine Water 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. 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 a g the public for any damage to its natural resources. The amount assessed will depend a Qe99 fa tors, including the nature and area of the resources that were affected and the extent of the dam tQ?FT017 State of North Carolina 1130MUnnmental Qaa1hY I Coastal Manesetnemt D C M- M H D CITY 401 s. Griffin St., Ste 3001 Elinbeth City, NC 27909 252-264-39011252-331-2951 [fax] James H. Salmons, III April 24, 2017 Page 2 of 2 Based upon review of the Coastal Area Management Act, Coastal Resource Commission's rules, and the local jurisdiction's Land Use Plan, the activity you have undertaken appears consistent with the guidelines for Areas of Environmental Concern. Therefore, restoration of the impacted area is not requested at this time. 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. 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 my submission of an enforcement report to the District Manager, you will be notified as to the amount of a civil assessment for undertaking development without first obtaining the proper permit(s). Sincerely, Ron Renaldi Field Representative Cc: Frank A. Jennings, III, District Manager, DCM Roy Browniow, Compliance Coordinator, DCM DCM ENFORCEMENT TRACKING REPORT Rep. '�OJ1 �v to t 7� ` t sueIsr Violation Case No. t'} — wS A 1 C Rep. 13 Permit El (if applicable) Violation Description Was activity pennittabletE lallo Discovery Method / \o ff Pei n \ + w^ t ` � "feu[[, Initial Discovery Date L{ j 3 )�_ , , r� 9C✓ 1J Ib 7C u1tIJrY lab.4 {r,lvn Violation Description (� i,^ c..;-c c� Respondent Name(s) y= • Address 'PG gvx ti nCfc�'U Phone # �' S�> HQ t"' (� y Fax City V V'IinIy_IS4S_h Stated Zip a 4 Corporate Name & Registered a ent Project Type: Authorizations Required: Site Visits Respondent Site Visits Respondent Present Violation Type: Present No Permit "LAI. PrivatelCommunity �p} Major J°-' t CAMA11 Permit Condition Govt./Public Minor D&F ❑ Expired Permit Commercial �c� IXt General ❑ ❑ I] Inconsistent w/ Rules Tier Level Violation Location and Site Description Lat/Long 4_XJa633f'N-}s.g}o9S4�w Project Location: County r Street Address/ State Road/ Lot #(s) 3LJ•HO SaUwS5 % IZa Lod 3 sc, - i- Subdivision ex,046 t tc h City rotta ZIP ;k-+ J � Shoreline Length i f }s SAV: Not Sure Yes Sandbags: Not Sure Yes PNA: Yes (S> Adjacent ORW: Yes (fP Adjacent lee He nt. Hab Phone # ( ,_) River Basin Po c 'i�� lL Photos ° Adj. WtrAel (na Body C�tdfP1unlcn) Waiver Required Yes . ,nr,\ K iv r 1F� In DWQ Buffer Area Yes Closest Mai, Wtr. Body '(a. '�' c- Se,.. 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 Initial Reg. Comp. Date Date Comp. Observed Assessment Extended Yes No RECEIVED APR 2 7 2017 Restoration Letter Acceptance Date 7J.0409 Ref. Recomm. Assess. DCM Assess. App./Permit Fee $d,p0. 0 U $ Penalty t{x/4, $ aIc . U b $ WilifuVlntent. $ $ Continuing $ $ Investigative �.�y f (� $ 3a•0C, $ Total Lj3d , 0 O DCM- MHD CITY" 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 Letter Sent Date Demand Letter Sent Violation Activities and Impacts AECs Affected: Wetlands Impacted? Yes If yes, which types: CW 'LP.3 ES PTS OEA F IH URA WA SA DS cJ SY JR LS TY PJJS: FC: SS SC SP IF BF 404 Other: Restoration Required. by the Respondent Yes 16) NOTES: 20 Closing Pa mentReceived$ Date ACM- MH y Date Case Closed D CITY Coastal Management ENVIRONMENTAL QUALITY May 15, 2017 CERTIFIED MAIL #70151520 0003 5515 4301 RETURN RECEIPT REQUESTED James H. Salmons, III PC Box 57008 Virginia Beach, VA 23457 RE. CAMA VIOLATION #17-05A Dear Mr. Salmons: ROY COOPER Governor MICHAEL S. REGAN Secretory BRAXTON DAVIS Director This letter is in reference to the Notice of Violation dated April 24, 2017 that Ron Renaldi, representative for the Division of Coastal Management, issued to you for a dock that was installed without CAMA authorization at 2240 Sailfish Road, adjacent to a man-made canal leading to Knotts Island Bay, located within the Carova Beach subdivision in Corolla, Cumtuck County, North Carolina. The violation involved the Public Trust Area and Estuarine Waters, which are Areas of Environmental Concern designated by the Coastal Resources Commission. 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 $432.00 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 $432.00 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 Departments 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 tWED opportunity to request a hearing on the penalty or request remission of the penalty. KC� MAY 17 Z017 State of North Cemline I Environmental Quality I Cmt&l Manu meat 401 S. Griffin St., Ste 3001 Elizabeth City, NC 27M 252-264-39011252-331-2951[fax] DCM- MHD CITY James H. Salmons, III May 15, 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 A. Jennings, II 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 CAMA VIOLATION #17.05A James H. Salmons, III 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 $432.00 against me for violation of the Coastal Area Management Act, NCGS 113A-100 et sec, committed on or near my property 2240 Sailfish Road 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 April 24, 2017, and agree to pay the proposed civil assessment of $432.00. DATE SIGNATURE ADDRESS TELEPHONE NUMBER RECEIVED MAY 17 2D17 DCM- MHD CITY DCM ENFORCEMENT TRACKING REPORT ISIV Rep. 1 ll I � r Violation Case No. Rep. Permit No. El (if applicable) Was activity Initial Discovery Date y, to l1 a�� DiscoveryMethod Moie� Pe ew,} Aggl, � ,4n Sac ut, ,,3 Ae r.41 pfkl bi Violation Description r?��r��-rrl �S xu' Otcr to 16'X4' ACLU {tea.-„ Respondent Name(s) Prior CAMA or D/F Violations: Yes / Prior Case No: fl 1 " M- Address 'OO &,/, ti4cro8 City ._1,4f. t:Au,, &LU State! _ Zip .?34SI Phone # (` Isi� 405-1,'361 y Fax #/Email Corporate Name & Registered agent Violation Type: Project Type: Authorizations Required: Site Visits Respondent Site Visits Respondent ._ No Permit Permit Condition Private/Community GovL/Public {--� {..I Major CAMA p Minor r D&F �- Present -/-- Present f-J D: Expired Permit Q Commercial General r❑r--lI �,.. Inconsistent w/ Rules Tier Level: 1 III ❑ l_a Violation Location and Site Description Project Location: County e'r,reA-u vk- Street Address/ State Road/Lot #(s) d340 S,litSk lz� Subdivision Ce,rova i3ea�F. Lat/Long a.241n331 IV -tS $;o9 S4 4J Shoreline Length ? I;$ SAM Not Sum Yes Sandbags: Not Sure Yes 1:95 PNA: Yes 4!1ra) Adjacent ORW: Yea &P Adjacent ent-Flab. Yee—r a— Photos 6� �ECEIVEHD s- WaiverRequired Yea Closest Maj. Wtr. BodyIn DWw Buffer Area Yes Specify DWO Buffer if applicable: MAY 17 7017 Restoration e NOV Date 4 I a i Jaw � Initial Req. Comp. Date Extension GrtedDQ - No CITY Restoration Letter CNOV Date Date Comp. Observed Acceptance Date City will!"M� Phone # ( _,): - River Basin Pe11rr®t, V Adj. WV. Body G✓u \ to XA,JI-% nt.^! &es a (natelfO/unkn) Penalty Assessment Sent to Respondent Date Rcvd. by Dist. Mgr. Date Assessment Extended Yes No Fee Penalty Wilffuylntent. 7J.0409 Ref. Recomm. Assess. DCM Assess. $d00. U U $ 4Xh $ a.00.00 $ $ $ $ $ Cct $ 3a.00 is Total y3a , o 0 Formal Assessments, Appeals and Reductions Date Long Form Submitted Date Formal CPA Submitted Final Assessment Assessment Appealed: Yes No Penalty modified 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 Letter Sent I Date Demand Letter Sent Violation Activities and Impacts AECs Affected: /'� CW (tvy/ E ES PTS OEA F IH UBA WA Other: Restoration Required, by the Respondent Yes . Wetlands Impacted? Yes U If yes, which types: SA DS CJ SY JR LS TY SS Sc SP IF BF 404 Dimensions in excess of permitt unauthorized activities Dimensions to restore Final dimensions allowed Actually restored Development Activiti' Habitat Description . - NOTES: = VFW --- 'trA41, Closing Payment Received $ Date Date Case Closed Coastal Management ENVIRONMENTAL QUALITY May 30, 2017 Mr. James H. Salmons, III P.O. Box 57008 Virginia Beach, VA 23457 ROY COOPER Governor MICHAEL S. REGAN Seemarp BRAXTON C. DAVIS Dot.. RE: Payment of Proposed Penaltyfor Violations of the Coastal Area Management Act, Currituck County, CAMA Violation #17-05A Dear Mr. Salmons: This letter will acknowledge receipt of your Check #1064, in the amount of $432, and dated received May 25, 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 Jenning istrManager Northeastern istrict Division of Coastal Management FJ/yc cc: Roy Brownlow, Compliance Coordinator, DCM, Morehead City Ron Renaldi, Coastal Management Rep., DCM, Elizabeth City RECEIVED JUN 0 5 2017 DCM- MHD CITY -->' Nothing Compares-- - State of North Caroline I EnvrtOEXIMMl Quality I Coeetal Maaegemeni 401 S. Griffin St. Ste 3001 Elizabeth City, NC 27909 252-264-39011252-331-2951 [fax) CAMA VIOLATION #17.05A James H. Salmons, III 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 $432.00 against me for violation of the Coastal Area Management Act, NCGS 113A-100 et sec, committed on or near my property 2240 Sailfish Road 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 April 24, 2017, and agree to pay the proposed civil assessment of $432.00. 5. Z5. 2u \-A DATE ADDRESS ' V 11�1 V\1 A �LVI �s t 0Cl TELEPHONE NUMBER RECEIVED JUN 0 5 2017 DCM- MHD CITY 2 345: NC Division of Coastal Management 3 O sB C D 4 Cashier's Official Receipt r` C 91 W o N Lis -T- Date: "� 20 � � U O /� c V "' �(K..s n.,� W Received From:0..1�1..Q ,5 J7-1 $ � / � , s " Permit No.: � '� Check No.: Applicant's Name: �v_ntS ��--��!"""'^lr- County: Project Address: a� 1 C3 `s 0,5, ( rV S k P, d Please retain receipt for your records as proof of payment for permit issued. / Signature of Agent or Applicant:"� _Y �'`-�" Date: `� `-3 Signature of Field Representative:Date: