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Home My WebLink About17-09A Norlo & AssociatesCoastal Management ENVIRONMENTAL QUALITY ' NOTICE OF VIOLATION May23, 2017 CERTIFIED MAIL #70151520 0003 5515 4318 RETURN RECEIPT, REQUESTED Norlo and Associates; LLC Attention: 'Norman Bibeau - —PO-Box-237 — Kitty Hawk, NC 27949 ROY COOPER Goiemor MICHAEL S. REGAN 'Secretary BRAXTON DAVIS Dtreclor RE: NOTICE OF VIOLATION AND REQUEST TO CEASE UNAUTHORIZED DEVELOPMENT LAMA VIOLATION #17-'09A, Dear Mr.Bibeau: This letter confirms that on May 9, 2017 Environmental Senior Specialist Lynn Mathis and I, as well as representatives from the US Army Corp. of Engineers and NC Division of Water Resources, met onsite with you at your property located at 136 Egret. Lane adjacent to the Currituck Sound, located in or near Harbinger; -off State Road #11.06, Currituck County; North Carolina. The purpose of the visit was to investigate the unauthorized development of placing fill material within Coastal Wetlands and the shallow water bottom of the Currituck Sound on your, property as well as on the adjacent property to the north, owned by Robert Ladd III, addressed as 140 Egret Lane, without the knowledge or permission of that propertyowner. This-letteralso confirms our phone•conversation on May 4, 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,)113A-118. I whave:informationthat indicates you have undertakenor are legally;responsible.forthe-installation of clear plastic -on an existing wooden breakwater structure, blocking the gaps between the sheathing boards and then backfilling the breakwater structure resulting in the -filling of t1,180 ft2 of shallow water bottom and coastallwetlands'on the,aforementioned•properties; This activity took place in the Estuarine Shoreline, Estuarine Waters, Coastal Wetland. andthe,Public Trust Area that is contiguous with the Currituck Sound. The Estuarine Shoreline, Estuarine Waters, Coastal Wetland and the Public Trust,Area are designated as Areas of Environmental Concern (AEC). No CAMA permit was issued to you for work in these areas. Based.on.these,findings, l!am, initiating an enforcementaction byissuing 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 furtherdevelopment. A civib assessment of up to $10,000 plus investigative, costs may. be assessed against any violator. Each day, that -the development described inahis Notice, is.cohtinued;or repeated mayconstitute.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;accord'ance with.N.C.G.S.4,13A-126. State of North Carolina I Environmental Quality I Coastal Management 401 S. Griffin St., Ste 300 1 Elizabeth City, NC 27909 252-264-3901 1 252-331-2951 [fax] Navo and Assbciates,-LLC Attention: Norman Bibeau May 2a; 2017' Page26f4` "" It is the, policy of the Coastal Resources Commission to assess a civil penalty plus investigativ6costs against all violations.. This is done to recoup some of the costs of investigating the violationandlorto compensate the public for any damage to -its natural resourcesi The amount assessb6will 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,GS,.113-229. Therefore, t:also requestthat you immediately CEASE AND DESIST such unauthorized activity. Violations of the•State's Dredge.and Fill' 113-229. Based upon the:North'Carolina Administrative Code, TitIe,15A,;Subchapter 07H. State Guidelines,for;Areas. of Environmental Concern; the activity you have undertaken, installing a plastic -covering oma wooden. breakwater structure and backfilling t1,180 ftz of shallow water bottom and coastal wetlands in'the Estuarine Shoreline, Estuarine Waters, Coastal Wetland and the Public Trust Area AECs is not consistent with Section(s): • '15A NCAC 07J .0201 PERMIT REQUIRED After .March 1;; 1978, every- person wishing to undertake, "any; development in an area, of environmental concern, shall obtain a permit,from the, Department, in the case of -a major development or. dredgeand •fill.permit, or from.the local, permit officer, in he -case of a minor development permit, unless,such development is exempted by the Commission: •. i • 15A NCAC 07H .0205(d) Firstipriority of use shall:be allocated to the conservatiorfof existing coastal wetlands. Secondary priority of coastal wetland use shall be given to those types of development activities that require, water access and cannot function elsewhere. . 0 16A NCAC 07H .0209(d)(10) Within the -Coastal` Shorelines category (estuarine and public.trust shoreline AECs), new, development shall be,located a.distance of 30 feetlandward of the normal : O water level or normal high water level, with the exception of the following: Grading, excavation 9 P 9 and-1andscaping with no wetland fill except when required by a permitted shoreline stabilization project: -Projects shall.noflncrease stormwater-runoff,to adjacentestuadne.and .public -trust .Waters . • .15A NCAC 07H,.0601 NO'VIOLATIOMOFANYRULE No development'shalt be allowed In any,AEC which would result in a contravention or'violatiomof - ariy'niles,-regulations, or laws of the State>of`Norff Carolina or of local government in wtiich! the developroenttakes place, ' • � Therefore, i am requesting that all unauthorized fill'mater%l placed on the landwaird,side of the modified breakwater be removed from the adjacent coastal'wetlands and;shallowmater bottonas'tollows Fill shall be'removed4rom the landward side of the unauthorized bulkhead up to V-O backforthe,entire length ofthe structure to a finished depth equal to the depth on the waterward side of the bulkhead: The fill area shall be contoured (sloped) backto the, staked4ignment at an elevation no greater.than the'adjacent wetland'substrate (or natural grade). The original permitted breakwater shall be restored. by removing all clear plastic blocking sheathing board gaps to restore hydrological connection to the adjacent coastal, . Norio and Associates; LLC Aftenpon: NormamBibeau, May 23, 2017' Page 3 of 4 wetlands. It is your responsibility to obtain"any'necessary authorization from the adjacent property owner (RobehiLadd III) beforeentering hispropert'yor undertaking restoration on his property. The enclosed Restoration Plan:descriGes 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 tome in the enclosed, self-addressed envelope within ten (10) days of receipt of. this letter. Failure.to complymith this request or respond back -to this office prior to the requesteddeadline 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'asi a court injunction being;sought ordering compliance. --= — Thd-releva t"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 developmentthafis 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 Lynn Mathis, Field.Spec_ialist, DCM Krysta Stygar; USACE Robert.Laddall, Kitty Hawk, NC Tier 3'_- ..ENCL'OSURES RESTORATION PLAN For Norio and Associates,, LLC Attention: Norman Bibeau CAMA Violation No '17-09A Property, located at 136 Egret Lane, Currituck County 1) Fill shall be removed from the landward side of the unauthorized, bulkhead up to 1'-0°back for the -- __.entire_length-of-the.structure_to-a.finished�depth_equal_to_the depth on the_waterward side of the__. bulkhead. 2) The fill area shall be contoured (sloped) back to the staked alignment at an elevation no greater than, the adjacent wetland'substrate (or natural grade) as shown. En,�Mi� VMISf.,rbic� . wcrlr,ridl Un0�1'4.ori {2 FM 1-imijf I,�I. CXis�.n•� &f..k wnk/ Rs54mc� 6)ior{h✓.i .� . 3{,NuY to S,.ai� 3) The original permitted breakwater shall be restored by removing all clear plastic blocking sheathing board gaps to restore hydrological connection to the adjacent coastal wetlands. I, Norman Bibeau, agree to the aforementioned property as noted in'the above restoration plan and the. attached drawing.dated 5/23/2017. I agree to complete this restoration to the satisfaction of the Division of"Coastal Management (DCM)-by June,24, 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 penaltyplus investigative costs agelnst albviolations. 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 orsatisfactonly completed, a substantially higher civil assessment will be levied and an injunction sought to require restoration. I Existing Breakwater it x Restoration.jA-rea Stake j Sf�ike sa f` Stake ' r _r ± iSfa1c® l' .140 Ekret"Lane , TM Y Property Line®,Ij Stake 136 igret Lane �Z Coastal Management ENVIRONMENTAL QUALITY July 26, 2017 Norio and Associates, LLC Attention: Norman Bibeau PO Box 237 Kitty Hawk, NC 27949 RE: RESTORATION DEADLINE EXTENSION CAMA VIOLATION CASE #17.09A Dear Mr. Bibeau: ROY COOPER Gowmor MICHAEL S. REGAN Secretary BRAXTON DAVIS Dimaor This letter confirms your July 21, 2017 email in regards to the July 24, 2017 time limit for restoration involving the removal of unauthorized fill material placed within Coastal Wetlands and shallow water bottom as well as the removal of clear plastic blocking sheathing board gaps on an existing breakwater structure that you are legally responsible for. This unauthorized development occurred within the Estuarine Shoreline, Estuarine Waters, Coastal Wetland and the Public Trust Area adjacent to the Currituck Sound at your property located at 136 Egret Lane in Cunituck County, North Carolina. Notice of Violation case number 17-09A was issued to you on May 23, 2017 for the unauthorized work and requested restoration. Based on the July 21, 2017 email and the circumstances surrounding this case, your request to extend the restoration time limit an additional two weeks is approved in order to allow you additional time to comply with the requested restoration. The restoration time limit is extended to August 7, 2017. Please note that this extension is for a fourteen (14) 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. Sincere) Ron Renaldi Field Representative NC Division of Coastal Management Cc: Frank Jennings, District Manager, DCM RECEIVED Roy Brownlow, Compliance Coordinator Lynn Mathis, Field Specialist, DCM JUL 31 2017 Krysta Stygar, USACE Robert Ladd III, Kitty Hawk, NC DCM- MHD CITY State of North Carolina I Fnvironmemel Quality I Coastal Management 401 S. Griffin St., Ste 3001Elizabeth City, NC 27909 252.264-39011252-331-2951 [fax] 'Renaldi, Ronald From: NBibeau@aoi.com Sent: Friday, July 21, 2017 12:24 PM To: Renaldi, Ronald Subject: Re: Breakwater vs Bulkhead Ron With all the heavy rain we've had the last couple of weeks it has been impossible to get heavy equipment in the back to dig out behind the break water. Could I get an additional 2 weeks to complete. I'm doing my best but the weather just won't cooperate. Thanks Norman T. Bibeau President / CEO Elan Vacations 252-491-8787 office 252-207-7916 cell 252-491-6947fax norman@elanvacations.com In a message dated 7/17/2017 4:15:49 P.M. Eastern Daylight Time, ronald.renaldi@ncdenr.gov writes: Norman, You would have to submit a CAMA Major Permit application (attached). If you wanted to do Robert Ladd's portion as well, he would have to be a co -applicant. Once the violation is closed I can then process a request. Since a bulkhead is required to be landward of wetland areas, it will more than likely be denied and you would have to request a variance from our rules. Ron Renaldi Field Representative NC Division of Coastal Management NC Department of Environmental Quality Ronald.Renaldi@ncdenr.gov (252)264-3901 Ext. 237 401 S. Griffin St., Ste 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. From: NBibeau@aol.com [mailto:NBibeau@aol.com] Sent: Saturday, July 15, 2017 3:41 PM To: Renaldi, Ronald <ronald.renaldi@ncdenr.gov> Subject: Breakwater vs Bulkhead Ron Hope your summer is going well. Had a question for you. What would I have to complete to apply for a bulkhead to replace my breakwater. I think you had mentioned a major CAMA permit but just wanted to be sure. If so how do I go about filing for that. Thanks in advance for your help. Norman T. Bibeau President / CEO Elan Vacations 252-491-8787 office 252-207-7916 cell 252-491-6947fax norman@elanvacations.com UAW Coastal Management ENVIRONMENTAL OVALITY September 13, 2017 Norio and Associates, LLC Attention: Norman Bibeau P. 0. Box 237 Kitty Hawk, NC 27949 ROY COOPER Governor MICHAEL S. REGAN Sermlarc BRAXTON C. DAVIS Director RE, Payment of Proposed Pena►ty for Violations of the Coastal Area ManagementActy Currituck County, CAMA Violation #17-09A Dear Bibeau: This letter will acknowledge receipt of check #1114, in the amount of $960.00, and dated 09/08/17. 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, k7 Frank Jenni gs, District Manager Northeastern District Division of Coastal Management FJ/eg cc: Roy Brownlow, Compliance Coordinator, DCM, Morehead City Ron Renaldi, Coastal Management Representatives, DCM Lynn Mathis, Field Specialist Krysta Stygar, USACE (RECEIVED SEP 18 2017 -- -� -Nothing Compares.— , State of North Cuoba 11311*0 =l QuaEty I Caaalal Mamitemot 401 S. Griffin St., SW 3001 EU7Abeth City, NC 27909 999.94a 10t11 1992111.9091 f9rt1 DCM- MHD CITY iDCM ENFORCEMENT TRACKING REPORT Issuer Field Rep. �� ✓"� ^'` X LPO ❑ LPJ e r✓•tl�� Violation Violation Case No. I- 1 } - O9 A Violated Permit N (If applicable) Was activity permittable9 Yes Initial Discovery Date 5/aJ.A o t 3 DiscoveryMethod r + p/.ju 6 y Violation Description pf U ,! }tom tl }ti c b e kw Lr t)+,. ;hacK6,ll4.� c ).ar wr J-tr and ` a \ \A C)r \a N - ccnnndPnt Information Prior CAMA or D/F Violations: Yes tt Respondent Names) N rl� A A . key) L c ca -., Address —Po Box a 3 -1 City K ii Y F). a.w k State N L Zip a-19149 Phone #(a5; 2.0-+- -4q l b c;i' _ Fax # Email Violation Type: Project Type: Authorizations Required: Site Visits Respondent Present Site Visits Respondent Present rVf No Permit � Private/Community Govt./Public Major CAMA Minor D&F c/''', -+ +-�— g Permit Condition / ❑ Expired Permit Commercial General Inconsistent w/ Rules Tier Level' 1 II & Violation Location and Site Description 1* a:L w� 1wRolo or t�l %` Lat/Long &, I03GIi� N-}S,HodSgB ' Project Location: County ('::: r. h rr k vy,tie,.B„a F'11'' Shoreline Length r85 61i . IS; )1CA, 264 r Street Address/ State Road/ Lot #(s) 116 a NO 94 rct• L., , SAV: Not Sure t3 ir "i- 140 ele"1 Yes & y� S12* 1106 Sandbags: Not Sure Yes (L45> -11 PNA: Yes <2!�> Adjacent Subdivision QRW; Yes <0) Adjacent City ZIP a �-9 4I friE I IaH v N _ Phone # ( _) River Basin ,, Sava_.— Photos (i-�) No Adj. Wtr. Body C rr �- Lk 5 �^� �hnanlunkn) Waiver Required Yes In DWQ Buffer Area Yes Closest Maj. Wtr. Body ^,c! - Specify DWQ Buffer if applicable: Restoration Extension Granted Yes No NOV Date 5411A01-1. Initial Req. Comp. Date Restoration Letter CNOV Date Date Comp. Observed Id }et} Acceptance Date ,101 Penalty Assessment Sent to Respondent Date Rcvd, by Dist. Mgr. Date Assessment Extended Yes No RECEIVED App./Permit Fee Penalty Willful/Intent Continuing InvestigativeA3x SEP 18 2017 7J.0409 Ref. Recomm. Assess. DCM Assess. $ L+00,00 $ 00.00 (A)( 10 $ 3-�-5.c)o $ 4 W,00 C $ 1 L r,. 0 $ o 00 Total 3S,0o (00 p DCM- MHD CITY Formal Assessments, Appeals and Reductions Dale Long Form Submitted Date Formal CPA Submitted Final Assessment $ Date 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 Let. Sent Violation Activities and Impacts AECsAfffeeccted: :` _ ( W, C�t � � PTS OEA HHF IH UBA N/A PWS: FC: Date Demand Let. Sent Other: � Restoration Required by the Respondent r/YestI No Wetlands Impacted? Yg$a No If yes, which types: SA DS cJ SY � LS SS SC ® IF BF 404 Dimensions in excess of permit/ unauthorized activities Dimensions to restore Final dimensions allowed Actually restored Development Activities FIII r n>1 Habitat Description". psi IcnJ �i3o 3fi�909304f OL30ir ,.,,., asp �-r�- as0 S•Y' ase to NOTES: t%- En y<.� n��c.y..}=J.1a `I0 th.. K,rfln C140 Lo ecf-Le,.. c.ncl 4•��2.� 5kallo0CJ 0i—x/1-4 wr411o.A ow�/S IL ltidr.S pvtratt Ii.td.. fi.nn P./'e<. -41t I ko 4t'' ( + 930 �'f r aLS,.1 t�fl do + trio �}' SMIw l3ohh...� to lAd�� rty = thc> ;ty 3ydS 4}' cw. + -!9 S ft' L* Norto lfy� ar Elio -ff-" �rs�S �S�'�' Cw 4 ; 5-5 -s1'' 5ha.l(0w 13anL.) P18 Closing I. Y Payment Received $ Date Date Case Closed CAMA VIOLATION #17.09A Norman Bibeau 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 $960.00 against me for violation of the Coastal Area Management Act, NCGS 113A- 100 et seg, committed on or near property located at 136 Egret Lane 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 May 23, 2017, and agree to pay the proposed civil assessment of $960,00. ?Af 6617 DATE S NA URE y ®, A&K zs 7 ADDRESS to r� ..+¢, .sic, 2?9*9 252- 207 -7 9/6 TELEPHONE NUMBER RECEIVED SEP 18 2017 DCM-• MHD CITY ROY COOPER Guvemor Coastal Management ENVIRONMENTAL QUALITY June 30,2017 Norio and Associates, LLC Attention: Norman Bibeau PO Box 237 Kitty Hawk, NC 27949 RE: RESTORATION DEADLINE EXTENSION CAMA VIOLATION CASE #17.09A Dear Mr. Bibeau: MICHAEL S. REGAN Set mr,"y. BRAXTON DAVIS Dirraor This letter confirms your June 20, 2017 letter that our office received in reference to the June 24, 2017 time limit for restoration involving the removal of unauthorized fill material placed within Coastal Wetlands and shallow water bottom as well as the removal of clear plastic blocking sheathing board gaps on an existing breakwater structure that you are legally responsible for within the Estuarine Shoreline, Estuarine Waters, Coastal Wetland and the Public Trust Area adjacent to the Currituck Sound at your property located at 136 Egret Lane in Currituck County, North Carolina. Notice of Violation case number 17-09A was issued to you on May 23, 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 July 24, 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, Ron Renaldi RECEIVED Field Representative NC Division of Coastal Management JUL 0 7 2017 Cc: Frank Jennings, District Manager, DCM ')CM- MHD CITY Roy Brownlow, Compliance Coordinator, DCM Lynn Mathis, Field Specialist, DCM Krysta Stygar, USACE Robert Ladd III, Kitty Hawk, NC Suite of North Carolina I Envnoomeroal Quality I Coubtl Management 401 S. Griffin St., Ste 3001 Elinbeth City, NC 27909 252-264-39011252-331-2951 [fax] + ROY COOPER Govemnr N. r1f MICHAEL S. REGAN S C elory BRAXTON DAVIS Coastal Management Dimal,r ENVIRONMENTAL QUALITY August 21, 2017 Norio and Associates, LLC Attention: Norman Bibeau RECEIVED PO Box 237 Kitty Hawk, NC 27949 AUG 2 5 2017 RE: RESTORATION ACCEPTANCE — CAMA VIOLATION #17.09A DCM_ MFE® CITY Dear Mr. Bibeau: This letter is in reference to the Notice of Violation #17-09A sent to you dated May 23, 2017 for the installation of clear plastic on an existing wooden breakwater structure and then backfilling shallow water bottom and coastal wetlands within the Estuarine Shoreline, Estuarine Waters, Coastal Wetland and the Public Trust Area Areas of Environmental Concern in or near the Currituck Sound. The violation took place on your property located at 136 Egret Lane, off SF41106 in or near the community of Point Harbor in Cunituck County, North Carolina. This unauthorized activity constituted development and you were requested to remove the unauthorized fill material located on the landward side of the modified breakwater from within the adjacent coastal wetlands and shallow water bottom and then remove the clear plastic blocking the sheathing board gaps on the breakwater to restore hydrological connection to the adjacent coastal wetlands. In accordance with the North Carolina Administrative Code, Title 15A, Subchapter 7J.0410, 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. I conducted a site visit at the aforementioned property on August 16, 2017 to inspect the restoration of the unauthorized activity addressed in the Notice of Violation #17-09A. Based on this inspection, 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 (252) 264-3901. Sincerely, �RoneRenaldi Field Representative NC Division of Coastal Management Cc: Frank Jennings, District Manager, DCM Roy Brownlow, Compliance Coordinator, DCM Lynn Mathis, Field Specialist Krysta Stygar, USACE Robert Ladd III, Kitty Hawk, NC State of North Carolina I Environmental Quality I Coastal Management 401 S Griffin Street I Suite 3001 Elizabeth City, NC 27909 252-264-3901 e ^ ' CERTIFICATION OF EXEMPTION -v FROM REQUIRING A CAMA PERMIT as authorized by the State of North Carolina, Department of Environment, Health, and Natural Resources and the Coastal Resources Commission in an area of environmental concern pursuant to 15 NCAC Sw1aakaptecZ14.0243. Nc6-s Applicant Name Klo, .....<_ Phone NumberL��)ae�-��I1. ++ Address Po do ate City k +1 Y t+t . iC State u z Zip 135 +, y Project Locat+on (County, State Road, Water Body, etc.) tie ey.a+ L,.. y &*,4_ s, T n �+e6 Type and Dimensions of Project rrtA ^ a a iy j, J ru t I 3 a' �+� wc1 1 4 u� 4 6a The proposed project to be located and constructed as described above is hereby certified as exempt from the CAMA permit re- quirement pursuant to 1.544GAe-TK-.V2o3.-This exemption to CAMA permit requirements does not alleviate the necessity of your obtaining any other State, Federal, or Local authorization. +ti.c.G.S. 113-IA3CrXb)(s� 1J4 2cyl This certific +on of exemptio r quirin a CAMA permitis valid for rom the dat M4a e expiration, a re-examination of the project and project site may necessary to continue this certification. AUG 25 2017 L=x / �., 1 4 It A,j� t- 44 y R IVi c T i S1" 1 _ !( Any person who proceeds with a development without the con- sent of a CAMA official under the mistaken assumption that the development is exempted, will be in violation of the CAMA If there is a subsequent determination that a permit was required for the development. The applicant certifies by signing this exemption that (1) the ap- plicant has read and will abide by the conditions of this exemp- tion, and ( prop -sad wepit- Issuing date %IN. a ( a, o 1-4- Expiration date Coastal Management ENVIRONMENTAL QUALITY August 25, 2017 CERTIFIED MAIL #70151520 0003 5515 4424 RETURN RECEIPT REQUESTED Norio and Associates, LLC Attention: Norman Bibeau PO Box 237 Kitty Hawk, NC 27949 RE. CANA VIOLATION #17-09A Dear Mr. Bibeau: �r ROY COOPER Guwmcr MICHAEL REGAN Secretary BRAXTON DAVIS Director This letter is in reference to the Notice of Violation dated May 23, 2017 that Ron Renaldi, representative for the Division of Coastal Management, issued to you for the installation of clear plastic on an existing wooden breakwater structure and then backfilling shallow water bottom and coastal wetlands at 136 Egret Lane, Cunituck County. The violation involved the Estuarine Shoreline, Estuarine Waters, Coastal Wetland and the Public Trust Area, which are Areas of Environmental Concern designated by the Coastal Resources Commission. Based upon the site visit conducted on August 16, 2017 by Ron Renaldi, 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 $960.00 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 $960.00 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. RECEIVED AUG 31 2017 State of North Carolina I EuviDureentd Quality I Coastal Menagement 401 S. Griffin Sneer I Suite 3001 Elizabeth City, NC 27909 D C M - M H D CITY 252-264-3901 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, Northeastern District NC Division of Coastal Management Enclosures cc: Roy Brownlow, Compliance Coordinator, DCM Ron Renaldi, Coastal Management Representative, DCM Lynn Mathis, Field Specialist Krysta Stygar, USACE ae(;F ED AUG 31 2017 ®CM AHD CI CAMA VIOLATION #17-09A Norman Bibeau 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 $960.00 against me for violation of the Coastal Area Management Act, NCGS 113A- 100 et sec, committed on or near property located at 136 Egret Lane in Currituck County, North Carolina. In orderto resolve this matterwith no further action orexpense on my part, I accept responsibility for the violation as described in the Notice of Violation letter dated May 23, 2017, and agree to pay the proposed civil assessment of $960.00. DATE SIGNATURE ADDRESS TELEPHONE NUMBER RECEIVED AUG 31 2017 DCM- MHD CITY DCM ENFORCEMENT TRACKING REPORT (� 1 Issuer Field Rep. � n ^G � )U Violation Case No. LP O ❑ `` Violated Permit No. LPJ r - r d • 7� (L pr appucablo Violation Description Was activity permittable7 Yes to Initial Discovery Date .5A1X01; Discovery Method Z r Violation Description A rt i el 4!S b,Lkwai-�� tl�.- .hacw4,11t-i vPsr_ wwi-�r' ancr } d Respondent In ormation Prior CAMA or D/F Violations: YestNoi - Respondent Name(s) ` ` ''o �� ! L L c./ n e r e 892su andown /Agent/Contractor) Address jpo Box ;k 3 � City K it4,j ) o State Iv (_ Zip ai' 9y 9 Phone -4AI6 "1' Fax# Email Violation Type: Project Type: Authorizations Required: Site Visits Respondent Site Visits Respondent Present Present No Permit Private/Community Major CAMA El Permit Condition ❑ Govt./Public Minor D&F -+ 14 11-+ 2 ❑ 1 Expired Permit F1 Commercial General htsln- D El PInconsistent w/ Rules Tier Level: I II Violation Location and Site Description *o.... , 1rly, 6;0 wt l r w` IGrw..t� r�F- rYy, IrruvYM,ur.r.d Project Location: County vrAvGy- Street Address/ State Road/ Lot #(a) 1;/e t NO ?5 w�h L4.. Sj2w 110(. Subdivision CRY 11 as %, ne,_�,_ ZIP Phone # ( _) River Basin N s e. oo T` Lat/Long 3( 103 I1* N -TS'AtodSig' Shoreline Length r8d { IV t L4IF y t36)G�r..}, 14u SAV: Not Sure Yea Sandbags: Not Sure Yes (ff> PNA: ,> Adjacent Yes (Ig- ORW: Yes (iV Adjacent Yea Nn 'Grit Nat) Photos (:!"�) No Waiver Required Yes �yp Adj. Wtr. Body C r r �- c k 5 n C Afti Noon /unkn) � In DWO Buffer Area Yea Closest Maj. Wtr. Body C' rrr'� �i� '� ^� Specify DWO Buffer if applicable: Restoration Extension Granted Yes No NOV Date 5/a5140\'7- CNOV Date Penalty Assessment Sent to Respondent Date Rcvd. by Dist. Mgr. Date Assessment Extended Yes RECEIVED No Initial Req. Comp. Data I Date Comp. Observed 'a 16 xol} App./Permit Fee AUG.312017 (r�rnA "HD CITY Restoration Letter Acceptance Date 1,10 1 7J.040 -Ref. Racomm. Assess. DCM Assess. $ 00. oo $ OO 00 �4 itD $ `3 S,Do $M,00 $ $ C� Is I `c,>.6D $ 60 0 Total LO IL13S,o0 r 9 (off 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 n 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: CW Cf W� � PTS EA HHF IH UBA N/A SA DS CJ SY LS TY PWS: FC: SS SC (5E) IF BF 404 Other: Restoration Required by the Respondent 601 No Dimensions in excess of permitt unauthorized activities Dimensions to restore Final dimensions allowed Actually restored Development Activities -- Fill rn�n.k Habitat Description - - Cowliy 41: J q30 fiy `W 13C, 0136+p''... NOTES: j- E 4�et I a,3i4}_ey-ejz,/�f i� +h, ry ✓tln (140JJw E4✓ci-`L )i ey. el ;Atj 51141lo v. %Pfl, a,,,(nc\t l 4ttic CAS On tk\all✓*j2sdi' ,71'1e.A 0wYyKj Lt IVorlo e✓o0-rJ4' SLO 4+�' CtS'0S it' C�v + = Sj 91r, She slow 13]I:%.nl Closing Payment Received $ Date Date Case Closed