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17-04A Piney Island Hunt Club of Currituck
I Coastal Management ENVIRONMENTAL QUALITY July 31, 2017 CERTIFIED MAIL #70151520 0003 5515 4417 RETURN RECEIPT REQUESTED Piney Island Hunt Club of Cumtuck Rob Onda, President P.O. Box 1105 Middleburg, VA 20118 RE. CAMA VIOLATION #17-04A Dear Mr. Onda: ROY COOPER Govemor MICHAEL S. REGAN secrewy BRAXTON DAVIS Director RECEIVED AUG 07 2017 DCM- Mtaj TY This letter is in reference to the Notice of Violation dated April 12, 2017 that Ron Renaldi, represents [ve r the Division of Coastal Management, issued to you for the placement of t1,234' of riprap along several areas of shoreline as well as the installation of several logging mat roads through coastal wetlands totaling t2,309' in length at the Piney Island Hunt Club located at 398 Piney Island Road, Currituck County. The violation involved Coastal Wetlands, Estuarine Waters, the Public Trust Area and the Estuarine Shoreline, which are Areas of Environmental Concern designated by the Coastal Resources Commission. Based upon the site visit conducted on July 14, 2017 by Ron Renaldi, the restoration requested appears to be complete to the satisfaction of the Division of Coastal Management. A settlement agreement dated January 25, 1991 was presented to Ron Renaldi at the July 14, 2017 site visit. This agreement was the result of a March 7, 1990 Notice of Violation that involved the placement of 83 logging mats (56 placed to the north impoundment and 27 placed to the south impoundment) within coastal wetlands on the property. Based on this settlement agreement, the Piney Island Hunt Club can keep mats in the these approved locations. The mats can be maintained and replaced provided remnant and deteriorated mats be removed before new mats are placed. 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 $992.00 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 $992.00 made payable to the North Carolina Department of Environmental Quality (NCDEQ); and, (3) return the signed agreement and payment to this office in the 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] r Piney Island Hunt Club of Currituck Rob Onda, President July 31, 2017 Page 2 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. 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 FAJlrar Enclosure: Agreement to Pay Proposed Civil Assessment cc: Roy Brownlow, Compliance Coordinator, DCM, Morehead City Ron Renaldi, Coastal Management Representative, DCM, Elizabeth City Josh Pelletier, US Army Corps of Engineers Brian Rubino, Quible & Associates, P.C. Rec,eoeo 0 a�G �� OEM. M CAMA VIOLATION #17-04A Piney Island Hunt Club of Currituck Rob Onda, President 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 $992.00 against me for violation of the Coastal Area Management Act, NCGS 113A-100 et sea, committed on or near the Piney Island Hunt Club of Currituck, located at 398 Piney Island 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 12, 2017, and agree to pay the proposed civil assessment of $992.00. DATE SIGNATURE ADDRESS TELEPHONE NUMBER RECEIVED AUG 0 7 2017 DCM- MHD CITY U DCM ENFORCEMENT TRACKING REPORT Issuer 'ield Rep. Zn n Z. t I a 1 Ew ;ompliance Rep. 171 LPO b-tbb-t ❑ Violation Violation Case No. 13 - oL(A Permit Was activity (if applicable) Initial Discovery Date 1 y to I -+ Discovery Method .,Rcv G�)e_ C�„h 5,.,, T f r Sjyva A&. 49&d Pic. Violation Description + t,�3 R Y?r-.p ?lu a kti .r1 PcrmL Itii� ro=�s ��w w• 1 t^ n � � w�.♦•l nd C � or D/F Violations: RespondentName(s) Rob 0n2k 01%Jzsl<nd C J'4.) — Prc Address p0 f3oX 1105 City Myr�. �_e6Ue- State VA Zip a009 Phone # C Qi- [ OL_- a 44 N Fax#/Email. Qr,L440 mmgnyNnnda . c1 Cnrnnrnte Name& RanlStered anent Prrle,r 1a1&, A Gsu r C. CUn Orr. V- G I/ NO Rub (7n C4 Violation Type: Project Type: Authorizations Required: Site Visits Responnddent Site Visits Respondent No Permit Private/Community M Major CAMA 3 )� �,P?ii+•tt.� - Pr nt Permit Condition Govt./Public Minor D&F rLJ� Expired Permit ©` Commercial General 4 t>- Inconsistent w/ Rules Tier Level: 1 II III - Violation Location and Site Description Lat/Long 3638614 u 4S•9494J** Project Location: County Shoreline Length +3j� 000 Street Address/ State Road/ Lot #(s) ., gY P.r ,, SAV: Not Sure Yes dr,) SR 411yS Sandbags: Not sure Yes cP Subdivision N/A. PNA: Yes ® Adjacent ORW: Yes C !yam Adjacent City .. L'07n oc. tC ZIP. a-4 QX3 r �.µ• uab,____--Yes --- Nt Phone # ( }: -River Basin PC-s4 vo4n K Photos (5wD No s„ racoon-�..t-.-•wy Adj. Wtr. Body coyc0 Ic ba)( �rf; e /unkn) Waiver Required Yes No In DWQ Buffer Area Yes No Closest Maj. Wtr. Body Ic Sven ct - - - Specify DWQ Buffer if applicable: Restoration F�ension Granted � No NOV Date -„y,A h I ut�_ CNOV Date Penalty Assessment Sent to Respondent Date Rcvd. by Dist. Mgr. Date AssesRIE01--tVIE� No AUG 07 2017 Initial Req. Comp. Date ,. S/If�XQOf- WIS'119- Restoration Letter Date Comp. Observed Ot - Acceptance Date Nlmllola App./Permit Fee Penalty Willfu&tent. Continuing InvestigativeA7A RT I -a t, tl rs 710409 Ref. Recomm. Assess. DCM Assess. $406,00 $ CAll$ Cd $ lga.Do $ 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 Respondent not responsive to penalty/NOV Injunction to complete restoration Date Collection Letter Sent Date Demand Letter Sent Violation Activities and Impacts AECs Affected: ?CW PTS i�PSP+%LES—i `"6"CP, HHF IH UBA N/A PWS: FC: Restoration Required by the Respondent !Yes o Wetlands lmpactedZ6sJ No If yes, which types: SA DS CJ S?Y ? JB"' LS '"fY SS SC SP IF J BF 404 NOTES: W.l�i , rMeSeuf� C&f,-e -ulln," .w- 4-1-, CiLAD DOd.—oVa'3 -i -\w 4!l0 :2 b ,11�1) ES- Sao n0 aaLlaL, x 1 = 11, ILI .5}' Closing Payment Received $ Date Date Case Closed Coastal Management ENVIRONMENTAL OUALITV August 8, 2017 Piney Island Hunt Club of Currituck Rob Onda, President P.O. Box 1105 Middleburg, VA 20118 ROY COOPER Governor MICHAEL S. REGAN Secre/ary BRAXTON C. DAVIS Director RE: Payment of Proposed Penaltyfor Violations of the Coastal Area ManagementAct, Currituck County, CAMA Violation #17-04A Dear Mr. Onda: This letter will acknowledge receipt of your Check #5464, in the amount of $992.00, and dated received August 7, 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, Prank Jenni gs, 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 DCM- MHD CITY 'Nothing Compares State ofNolth Camhna I Envimnmmtal QuahtY I CoscW Maoeeement 401 S. Gdfrm St., Ste 3001 ElizabeW City, NC 27909 252-264-39011252-331-2951 [fax] Received CAMA VIOLATION #17.04A 4O6 0 `7 Ttn/ Piney Island Hunt Club of Currltuck D C M_E C Rob Onde, President 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 $992.00 against me for violation of the Coastal Area Management Act, NCGS 113A-100 at sea, committed on or near the Piney Island Hunt Club of Currituck, located at 398 Piney Island 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 12, 2017, and agree to pay the proposed civil assessment of $992.00. fti � I I rt- DATE jc�w SIGNATURE 9 99 ltr bA )A — ADDRESS PO 40l, 1I06 M 1 A111� �u�1G V� 2611 b �0�- (oD(o- �gfi TELEPHONE NUMBER RECEIVED AUG 10 P017 ')CM- MHD CITY NC Division of Coastal Management Cashier's Official Receipt JBCD Received From:.i� ? F Permit No.: Applicant's Name: _ Project Address: — /only Date: 20 g Check No.: County: Please retain receipt for your records as proof of payment for permit issued. Signature of Agent or Applicant: i Signature of Field Representative: t Date: Date RECEIVED AUG 10 2017 DCM- MHD CITY it Coastal Management ENVIRONMENTAL QUALITY May 15, 2017 Piney Island Hunt Club of Currituck Rob Onda, President P.O. Box 1105 Middleburg, VA 20118 RE: RESTORATION DEADLINE EXTENSION CAMA VIOLATION CASE #17.04A Dear Mr. Onda: ROY COOPER Governor MICHAEL S. REGAN Snrviary BRAXTON DAVIS Director This letter confirms the May 5, 2017 letter from Brian Rubino of Quible & Associates, P.C. that our office received in reference to the May 15, 2017 time limit for the removal of all logging mats and logging mat debris that you are legally responsible for within the Coastal Wetland Area of Environmental Concern at the Piney Island Hunt Club located at 398 Piney Island Road adjacent to Coinjock Bay/ICWW, located in or near Coinjock, off SR#1145, Cumtuck County, North Carolina. Notice of Violation case number #17-04A was issued to you on April 12, 2017 for the unauthorized work and requested restoration. Based on the received letter 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 15, 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, 6;-�' Ron Renaldi Field Representative NC Division of Coastal Management Cc: Frank Jennings, District Manager, DCM Roy Brownlow, Compliance Coordinator Josh Pelletier, US Army Corps of Engineers Brian D. Rubino, P.G., Quible & Associates, P.C. RECEIVED MAY 17 2017 DCM- MHD CITY State of North Caroline I Favironmental Quality I Coastal Management 401 S. Cmtfrn St., Ste 3001 EUzabeth City, NC 27909 252-264-39011252-331-2951[fax] t Quible & Asscdates, P.C. PO, o,o ,mo 19ffy Hawk NC 27949 ENGINEER74G • EWb _NMENL SCIENCES • PLANNING • SURVEYING Ph n : 252'491.91E7 ro.: 252< 1 8146 SINCE 1959 web: 4arne.com May 5, 2017 MAY Ron Renaldi NCDCM 401 S. Griffin Street, Suite 300 Elizabeth City, NC 27909 RE: Extension Request for Site Restoration Completion Piney Island Hunt Club Mr. Renaldi, The purpose of this correspondence is to request an extension to the active restoration activities at Piney Island Hunt Club as outlined in the Restoration Plan and Notice of Violation, dated April 12, 2017 and signed on April 21, 2017. As I discussed with you last week, the Club has asked me to assist with environmental management planning, including CAMA compliance related to restoration activities and future property management. I have visited the property and have observed the ongoing removal of timber matting. It is clear from my conversations and observations that the Club is intent on fulfilling their commitment to restoring the conditions before any other work within any CAMA Area of Environmental Concern (AEC) is proposed to be permitted. Over the last several weeks, the high wind tides have limited the amount of mat removal that can effectively be done. Based on communication with the Club, it is estimated that approximately three (3) additional weeks of work will be required to complete this restoration. Therefore, we respectfully request that the completion deadline is extended to June 51h. As I mentioned last week, I will be conducting an inspection of the work when it is complete or near complete and I will document in an inspection report with photographs. We will make this available to you and we would then request an on -site meeting with you to review the site, with the goal of satisfying the NCDCM of restoration plan. I appreciate your consideration of this extension request. Please feel free to call or email at any time to discuss this request or anything else. If this extension is acceptable to you, please provide me an email or letter so that I can share with the Club representatives. Sincerely, Quible & Associates, P.C. 41ww - Brian D. Rubino, P.G. CC: Rob Onda Warren B. Watkins III RECEIVED MAY 17 2017 DCM- MHD CITY f Renaldi, Ronald From: Brian Rubino <brubino@quible.com> Sent: Friday, May 05, 2017 3:56 PMrtiR;� fm,r� To: Renaldi, Ronald tlUl�'EC4 tL C9d Cc: Rob Onda; Warren B. Watkins III Subject: Piney Island MAY ^ u 1017 Attachments: DCM Lettter 5-5-2017.pdf (� AA Hi Ron, Please see attached restoration extension request. Please let us know if this is acceptable to DCM. Have a Good Weekend, Brian Brian D. Rubino, P.G. Vice President Quible & Associates, P.C. 8466 Caratoke Highway, Bldg 400 Powells Point, NC 27966 P.O. Drawer 870 Kitty Hawk, NC 27949 t 252.491.8147 f 252.491.8146 www.guible.com LEGAL DISCLAIMER The information transmitted is intended solely for the individual or entity to which it is addressed and may contain confidential and/or privileged material. Any review, retransmission, dissemination or other use of or taking action in reliance upon this information by persons or entities other than the intended recipient is prohibited. If you have received this email in error please contact the sender and delete the material from any computer. Coastal Management ENVIRONMENTAL OUALITV NOTICE OF VIOLATION April 12, 2017 CERTIFIED MAIL #70151520 0003 5515 4257 RETURN RECEIPT REQUESTED Piney Island Hunt Club of Currtuck Rob Onda, President P.O. Box 1105 Middleburg, VA 20118 ROY COOPER PLa Govonnr MICHAEL S. REGAN Sronrmy BRAXTON DAVIS Dircvw RE: NOTICE OF VIOLATION AND REQUEST TO CEASE UNAUTHORIZED DEVELOPMENT CAMA VIOLATION #17.04A Dear Mr. Onda: This letter confirms that on March 16, 2017, DCM Environmental Field Specialist Lynn Mathis and I met with Will McSpadden and James Markert onsite at the Piney Island Hunt Club located at 398 Piney Island Road adjacent to Coinjock Bay/ICWW, located in or near Coinjock, off SR#1145, Currituck County, North Carolina. The purpose of the visit was to investigate unauthorized development consisting of riprap placement along the shoreline adjacent to Coinjock Bay as well as logging mats placed within coastal wetlands. This letter also confirms emails sent or received on March 1, 2,9, & 27, 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 Environmental Quality. This requirement is imposed by North Carolina General Statute (N.C.G.S.) 11 3A-1 18. I have information that indicates you have undertaken or are legally responsible for the placement of t1,234' of riprap along several areas of shoreline as well as the installation of several logging mat roads through coastal wetlands that total t2,309 in length and are 8' in width (t457' of which is within the 30' CAMA Buffer) on the aforementioned property. This activity took place in Coastal Wetlands, Estuarine Waters, the Public Trust Area and the Estuarine Shoreline that are contiguous with the Currituck Sound. Coastal Wetlands, Estuarine Waters, the Public Trust Area 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 o/ 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 t0.enfpp�.e,311x ,E D violation in accordance with N.C.G.S.113A-126. Fi �l. t I V APR 17 2017 Sme of North Carolina I Envir0—oral Q-]'ty I C R`l Management 1367 US Hwy 17 South l Elizabeth City, NC 27909 DCM- MHD CITY 252-264-3901 Piney Island Hunt Club of Currituck Rob Onda, President April 12, 2017 Page 3 of 4 Therefore, I am requesting that all logging mats be removed from Coastal Wetland Areas. 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. 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, Ron Renaldi Field Representative NC Division of Coastal Management Cc: Frank Jennings, District Manager, DCM Roy Brownlow, Compliance Coordinator, DCM Josh Pelletier, US Army Corps of Engineers ENCLOSURES RECEIVED APR 17 2011 DCM- MHD CITY RESTORATION PLAN For Piney Island Hunt Club of Currituck Rob Onda, President CAMA Violation No.17-04A Property located at 398 Piney Island Road, Currituck County 1) All logging mats and logging mat debris shall be removed from coastal wetlands as shown on the enclosed 2016 aerial images (3). I, Rob Onda, agree to remove all logging mats as noted in the above restoration plan and enclosed 2016 aerial images (3). I agree to complete this restoration to the satisfaction of the Division of Coastal Management (DCM) by May 15, 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. RECEIVED APR 17 2017 DCM- MHD CITY h .1 21 f lu gp Remove logging neat road (+30 Map' of 3 A q Y DCM ENFORCEMENT TRACKING REPORT Issuer Rep. �o n �i. a ej I Rep. u LPO ❑ Description Violation Case No. 13 — 04A Permit Was activity (if applicable) Initial Discovery Date } J;wl sot Discovery Method ,.Rc�fo d� 1 - iatl 1—. v... A Violation Description + 1.134' R, v. la... d v<cm. N eo<ds 01w �L W.-.� Prior CAMA or D/F Violations: Respondent Names) Address Pr) 230X Ilo$ CRY h1 c 1e6 i State VA zip.avll9 Phone# (-J (.b(--Q444 Fax#/Email C)nc1A0 ma . cw Corporate Name& Registered agent Piney Milan A Gy, cUn 4 C rr.V, r.lC (1/cj Rub ne,d* Violation Type: Project Type: Authorizations Required: Site Visits Respondent Site Visits Respondent Present Present No Permit �, Private/Community Major CAMA CHtr<t''Ok�� Permit Condition . Govt./Public Minor �. D&F 3 ) u. Q �—t 4 11 I Expired PermitQ. Commercial General Er t] inconsistent w/Rules Tier Level: I II III Violation Location and Site Description Project Location: County CV Pf.1' r, k Street Address/ State Road/ Lot #(a) ,3g� p. ..,Ssl�.. iZa sR d IIyS Subdivision _ N/A city. Cwnjor_lc ZIP. a-4`td3 Lat/Long Shoreline Length SAV: Not Sure Yes d'�Io7 Sandbags: Not Sure Yes PNA: Yes Adjacent ORW: (-.,A HahNe— Yes �J Adjacent Phone # ( }. -River Basin P4 s 4 yoPhotos YYt No :ZA rn ,....iv-wy Adj. Wtr. Body Cp�..�u�tC 604 IAIKER/unkn) Waiver Required Yes way No Closest Maj. Wtr. Body (t 4} c le.So,^ d � p— ^ In DWQ Buffer Area Yes No --nzL E IV Q Buffer if applicable: Restoration NOV Date CNOV Date Penalty Assessment Sent to Respondent Date ArK 17 ZU11 Extension Granted Yes No Initial Req. Comp. Date Restoration Letter Date Comp. Observed D`+,M iITy Acceptance Date Rcvd. by Dist. Mgr. Date Penalty Assessment Extended Yes No i WillfuOntent. Continuing Investigative 7J.0409 Ref. Recomm. Assess. DCM Assess. $ $ 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 -0 ' Date sent to AG • Respo�dent,not,resp'onsivetopenalty/NOVn Injunction to complete restoration Date Collection Lefler Sent Date Demand Letter Sent, Violation Activities and Impacts AECs Affected:I Wetlands lmpactedtY�— No If yes, which types: EACEZ)cTA�� 'PTS HHF IH URA NIA SA DS CJ � � LS (rY 31 PWS: FC: SS SC (1�P IF BF 404 Other: Restoration Required by the Respondent, �o NOTES: MtSeci J�Xv-\� j�) C tub M