HomeMy WebLinkAbout14-12A LEMHG #1w
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NCDEEW
North Carolina Department of Environment and Natural Resources
Pat McCrory John E. Skvarla, III
Governor Secretary
NOTICE OF VIOLATION
July 9, 2014
CERTIFIED MAIL ARTICLE NO.7012 3460 0002 0625 5436
RETURN RECEIPT REQUESTED
Dr. Lloyd and Mrs. Mary Hadley Griffin
LEMHG #1 LLC
Post Office Box 444
Elizabeth City, North Carolina 27909
RECE M
RE: VIOLATION(S) OF CAMA MAJOR DEVELOPMENT PERMIT NO.34.01
CAMA VIOLATION No. 14-12A tut- 14 2u I4
Dear Dr. and Mrs. Griffin: DCNt-MHDC1TY
This letter confirms that on July 8, 2014, 1 was onsite at the Elizabeth City Boatyard/Shipyard at 2006
Riverside Avenue adjacent to the Pasquotank River located in Elizabeth City, Pasquotank County; North
Carolina. The purpose of the visit was to review progress of corrective actions to bring the Elizabeth City
Boatyard property into compliance with CAMA Major Permit No. 34-01.
State Permit No. 34-01 (Copy Enclosed) was issued to the Elizabeth City Boatyard c/o Lloyd and Mary
Griffin for the construction of a 67 slip marina with floating docks and a pump -out facility, a breakwater,
shoreline stabilization and condominiums, in and adjacent to the Pasquotank River on property located at
2006 Riverside Avenue, in Elizabeth City, North Carolina. This permit was issued for CAMA Major
Development in an Area of Environmental Concern, in accordance with North Carolina General Statutes
(N.C.G.S.)113A-118.
It was determined that you were in violation of a number terms or conditions of State Permit No. 34-01
which was issued to you by the Coastal Resources Commission and the North Carolina Department of
Environment and Natural Resources. Based on those findings it was requested that you immediately
CEASE AND DESIST such violations and comply with the terms and conditions of the permit issued to you.
For the following reasons, you were cited as being in violation of the terms and conditions your
permit:
A floating dock approximately 300' in length is tied to the shoreline adjacent to the College of
the Albemarle's Sailing Center, is encroaching into the 15' riparian corridor in conflict with
Condition #5 of the CAMA Major Permit issued.
1367 U.S.17 South, Elizabeth City, North Carolina 27909
Phone: 252-2609011 FAX: 252-264-37231 Internet: www.nomastalmanagement.net
An Equal Opportunity 1 Affirmative Action Employer
Dr. Lloyd and Mary Hadley Griffin
July 9, 2014
Page 2
2. The floating dock approximately 300' in length is tied off to the shoreline and a carry -lift dock
blocking navigable waters adjacent to the project site in conflict with Conditions #6 and #7 of
the CAMA Major Permit issued.
3. A'second'floating dock is tied off outside of their approved, alignment and adjacent to unrelated
properties 702 and 708 Riverside Avenue in conflict with 'Condition #5 of the CAMA Major
Permit issued.
4. Demolition debris has been left discarded on the property adjacent to the water and on
deteriorating docks in conflict with Conditions #8 and #23 of the CAMA Major Permit issued.
5. Freestanding pilings, initially installed for the floating docks, extend approximately 200' from
the main fix pier, paralleling the channel in the Pasquotank River (approximately 285'
waterward of the shoreline), and poses a navigation hazard at night. This hazard is in conflict
with Condition #10 of the CAMA Major Permit issued.
6. Prior to construction of new boat slips or other docking facilities the permittee was required to
- -apply-ior,and receive an -Easement from -the Department of Administration's State, Property
Office as required by N.C.G.S. 146-12(e), failure to do so would be in conflict with Condition
#12 of the CAMA Major Permit issued.
7, . Unconsolidated fill has been placed along the shoreline on the northwest side of the property
with no erosion control structures to prevent runoff into the adjacent river in conflict with
Condition #21.
8. Debris from the removal of the old docks and piers is piled along the shoreline posing a
hazard. In a number of locations debris from the site was found in the adjacent water body.
Failure to deposit the debris in an approved high ground disposal area is in conflict with
Condition #23 of the CAMA Major Permit issued.
9. In addition to the permit issues noted above a review of the, deeds for the property in question
revealed that on January 22, 2608, the property was transferred from the names Lloyd E.
Griffin, Jr, and wife Mary Hadley Griffin to LEMHG #1, LLC. The permit issued for the
development undertaken in now incorrect.
To comply with the terms and conditions of the permit issued to you, you were requested to
undertake the following corrective action:
All floating docks are to be maintained adjacent to the permittee's property located at 722
Riverside Avenue in a manner consistent with the permit issued. Floating structures shall not
block navigation, extend outside, of the permitted marina footprint or encroach into adjacent
riparian corridorg.
a. The floating dock currently tied to docks located adjacent to 708 Riverside Avenue,
shall be returned to the permitted alignment at 722 Riverside Avenue. Should this not
be possible, the dock shall be disassembled and placed on high ground a minimum of
30' from normal water level at 722 Riverside Avenue.
b. The floating dock currently tied to the travel lift dock and the shoreline adjacent to the
College of the Albemarle Sailing Center shall be returned to the permitted alignment or
disassembled and placed on high ground a minimum of 30' from normal water level at
722 Riverside Avenue
1367 U.S.17 South, Elizabeth City, North Carolina 27909
Phone: 252-264-39011 FAX: 252-264-37231Internet: www.nccoastalmanagement.net
An Equal Opportunity 1 Affirmative Action Employer
Dr. Lloyd and Mary Hadley Griffin
July 9, 2014
Page 3
2. Freestanding pilings, initially installed for the floating docks, pose a navigation hazard at night.
Any signal or lights prescribed by the US Coast Guard, through regulation or otherwise, must
be installed. At minimum permanent reflectors must be attached to the dock outside of the
docks and free standing piling in order to make them more visible during hours of darkness or
inclement weather.
3. Please submit verification that an Easement was obtained from the Department of
Administration's State Property Office.
4. Unconsolidated fill has been placed along the shoreline on the northwest side of the property
with no erosion control structures to prevent runoff, in order to protect water quality, runoff from
the construction site must be controlled by installing erosion & sedimentation structures. The
use of bedded silt fencing and staked hay bales may be used until a vegetative cover has been
established on the property adjacent to the water.
5. Remove all demolition debris and dispose of in an approved container onsite, or removed to an
approved off site location.
6. The change of the deeded ownership to LEMHG #1, LLC must be documented and the permit
transferred to that corporation or the permit may be voided and additional action taken to bring
the property into compliance.
Based on my onsite inspection it appears that the following action has been taken:
1. Relocation of the floating docks has been completed.
2. NC Division of Marine Fisheries has reported that a reflector has been placed on the west end
of the floating dock; however, is recommended that additional reflectors be placed as along the
entire structure for safety.
3. Unconsolidated material on the northwest side of the property has been relocated and a silt
barrier installed as requested. Please remember that this barrier must be maintained until the
area has been revegetated.
4. Debris or material resulting from the removal of any piers or any high ground structures must
be deposited in an approved high ground disposal area such as the landfill or dumpster
pending removal. While a small amount of demolition material has been removed it was
anticipated that more would have been accomplished over three months.
Items that have not been corrected as requested:
1. The change of the deeded ownership to LEMHG #1, LLC must be documented and the permit
transferred to that corporation or the permit may be voided. A third option would be to transfer
the property back to Lloyd E. Griffin, Jr, and wife Mary Hadley Griffin. Failure to do so will
result in the permit being voided and action being taken.
2. Verification that an Easement has been obtained from the Department of Administration's
State Property Office has not been received. It was anticipated that we would have received
verification that the application process was entered into.
1 RECOM
1367 U.S.17 South, Elizabeth City, North Carolina 27909
Phone: 252-264-3901\FAX: 252-2607231Internet: www,ncGoastalmanaoement.net JUL 14 2014
An Equal Opportunity 1 Affirmative Action Employer
DCMMHDCITY
Dr. Lloyd and Mary Hadley Griffin
July 9, 2014
Page 4
It is important that the actions requested be undertaken to completion and within a reasonable amount of
time. An extension is being granted to the and of August 15, 2014, at such time all restoration work
shall be completed, a transfer (deed or permit) shall be completed and an easement obtained from the
State Property'Office. 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.
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 failure to act in accordance with the terms, conditions,
or requirements of such permit.
Sincerely,
Lynn W. Mathis
Field Specialist
NC Division of Coastal Management
Cc: Tom Nash, Attorney
Frank A. Jennings III, District Manager, DCM
Roy Brownlow, Compliance Coordinator, DCM
Emily Greer, USACE
ENCLOSURES
1367 U.S.17 South, Elizabeth City, North Carolina 27909
Phone: 252-264-39011 FAX: 252-264-37231 Internet: www nccoastalmanaaement.net
An Equal Opportunity 1 Affirmative Action Employer
._...............
Permit Class Permit Number
NEW 34-01
STATE OF NORTH CAROLINA
Department of Environment and Natural Resources
and
Coastal Resources Commission
RECrlraD
for JUL 14 2014
X Major Development in an Area of Environmental Concern
pursuant to NCGS 113A-118
DCB3MADCITY
X Excavation and/or filling pursuant to NCGS 113-229
Issued to Elizabeth City Boatyard, c/o Lloyd and Mary Griffin, PO Box 444, Elizabeth City, NC 27906
Authorizing development in Pasquotank County at Pasquotank River at Riverside Avenue,
Elizabeth Citv as requested in the permittee's application dated 10/18/00, including
attached workplan drawing (1) dated 7/27/00
This permit, issued on March 8, 2001 is subject to compliance with the application (where consistent
with the permit), all applicable regulations, special conditions and notes set forth below. Any violation of these terms may
be subject to fines, imprisonment or civil action; or may cause the permit to be null and void.
Marina Construction and Operations
1) A marine pumpout sewage disposal facility will be installed prior to the occupancy of any new slips
authorized under this permit, The pumpout system will be maintained and remain operable for the life
of the marina.
2) The marina facility will display a sign showing the location of the on -site pumpout facility, including
other appropriate waste disposal information, at the entrance and exit from the main pier(s).
3) No sewage, whether treated or untreated, shall be discharged at any time from any boats using the
marina facility. Any sewage discharge at the marina shall be considered a violation of this permit for
which the permittee is responsible. This prohibition shall be applied and enforced throughout the entire
existence of the permitted structure.
(See attached sheets for Additional Conditions)
This permit action may be appealed by the permittee or
other qualified persons within twenty (20) days of the issuing
date. An appeal requires resolution prior to work initiation or
continuance as the case may be.
This permit must be accessible on -site to Department
personnel when the project is inspected for compliance.
Any maintenance work or project modification not covered
hereunder requires further Division approval.
All work must cease when the permit expires on
December 31, 2004
blgnea oy me aumonry or rac .xUm,ruy vi , IU WC
Chairman of the Coastal Resources Commission.
f
D&Ad D. Moffitt, Director
Division of Coastal Management
This permit and its conditions are hereby accepted.
In issuing this permit, the State of North Carolina agrees
that your project is consistent with the North Carolina Coastal
Management Program. Signature of Pemuttee
Elizabeth City Boatyard
Permit #34-01
Page 2 of 4
�l•
ADDITIONAL CONDITIONS
4) This permit authorizes only the docks, piers, and other structures and uses located in or over the water
that are expressly and specifically set forth in the permit application. No other structure, whether
floatingor stationary, may become a,permanent part of this marina facility without permit modification.
No non -water dependent uses of structures may be conducted on, in or over public trust waters without
permit modification.
5) All piers and associated structures shall have a minimum setback distance of 15 feet between any parts
of the structure and the adjacent property owner's riparian access corridor, which is determined by
drawing a line parallel to the channel, then drawing a line perpendicular to the channel line that
intersects with the shore at the point. where .the upland property line meets the water's edge: In order to
ensure compliance with this condition, the alignment of the eastem-most pier and the western end of the
outer pier and breakwater shall be approved on site by a representative of the Division of Coastal
Management prior to the initiation of any construction activities on these structures.
NOTE: This riparian corridor setback may only be waived upon the permittee obtaining written
permission from the adjacent property owner(s)
6) No attempt will be made by the permittee to prevent the full and free use by the public of all navigable
waters at or adjacent to the authorized work.
7) The authorized structure and associated activity must not cause an unacceptable interference with
navigation.
8) The permittee will maintain the authorized work in good condition and in conformance with the terms
and conditions of this permit. The permittee is not relieved of this requirement if he abandons the
permitted activity without having it transferred to a third party.
9) This permit does pot authorize the interference with:.any existing or proposed Federal project, and the
permittee will not be entitled to compensation for damage to the authorized structure or work, or injury
which may be caused from existing or future operations undertaken by the United States in the public
interest.
10) The permittee must install and maintain at his expense any signal lights or signals prescribed by the U.S.
Coast Guard, through regulation or otherwise, on the authorized facilities. At a minimum, permanent
reflectors should be attached to the structures in order to make them more visible during hours of
darkness or inclement weather.
11) This permit authorizes a maximum of 67 boat slips
NOTE: It is strongly recommended that the permittee exercise all available precautions in the day-to-day
operation of the facility to prevent facility waste from entering the adjacent waters. Such
discharge, either directly or indirectly, to adjacent waters could contravene state water quality
standards, thereby violating state law.
Elizabeth City Boatyard
Permit #34-01
Page 3 of 4
ADDITIONAL CONDITIONS
Easement Required
12) Prior to construction of any new boat slips or other docking facilities under this permit, the permittee
must apply for and receive an Easement from the Department of Administration's State Property Office
as required under N.C.G.S. 146-12(e).
Breakwater Structure �0; P%
13) In order to ensure adequate flushing of the marina basin, the pen -rutted breakwater stucthave a
minimum of one 12'wide opening per every 108 feet of the breakwater structure. 41
JUL 14 2014
Shoreline Stabilization
14) The authorized shoreline stabilization structures shall be constructed in compliance with the attached
workplan drawing.
15) The authorized alignment of the proposed bulkhead must be staked by a representative of the Division of
Coastal Management within a maximum of 30 days prior to the start of construction.
16) The bulkheads must be constructed prior to any backfilling activities.
17) The bulkheads must be structurally tight so as to prevent seepage of backfill materials through the
structure.
18) The bulkhead must be solid and constructed of treated wood, concrete slabs, metal sheet piles or other
suitable materials approved by department personnel. No excavation is permitted except for that which
may be required for the construction of the bulkhead wall, riprap, deadmen cables, etc. This permit does
not authorize any excavation waterward of the approved alignment.
19) The fill material will be clean and free of any pollutants except in trace quantities.
Stormwater Management
20) The Division of Water Quality is currently reviewing the permit application to determine if the project is
in compliance the Stormwater Management rules of the Environmental Management Commission. The
permittee must receive a Stormwater Management Plan Permit from DWQ prior to the initiation of any
construction activities, and a copy provided to the Division of Coastal Management.
Sedimentation and Erosion Control
NOTE: A sedimentation and Erosion Control Letter of Approval was issued for this project on March 1,
2001 (Plan No. Pasqu-2001-010).
Elizabeth City Boatyard Permit #34-01
Page 4 of 4
ADDITIONAL CONDITIONS
21) In order to protect water quality, runoff from the.'construction must not visibly increase the amount of
suspended sediments in adjacent waters.
General
22) No non -water dependent activities may take place within 30 feet of the mean high water line, unless
such activities are specifically exempted by the Rules of the Coastal Resources Commission.
23) All debris 'or material resulting from removal of any piers or any highground structures shall be
deposited in an approved highground disposal area.
24) The permittee understands and agrees that, if future operations by the United States requires the
removal, relocation, or other alteration of the structure or work authorized by this permit, or if in the
opinion of the Secretary of the Army or his authorized representative, said structure or work shall cause
unreasonable obstruction to free navigation of the navigable waters, the permittee will be required, upon
due notice from the Corps of Engineers, to remove relocate or alter the structural work or obstructions
caused thereby, without expense to the United States or the state of North Carolina. No claim shall be
made against the United States or the state of North Carolina on account of any such removal or
alteration.
25) No vegetated wetlands may be excavated or filled.
26) This permit does not authorize the interference with any existing or proposed Federal project, and the
permittee will not be entitled to compensation for damage to the authorized structure or work, or injury
which may be caused from existing or future operations undertaken by the United States in the public
interest.
NOTE: This permit does not eliminate the need to obtain any additional state, federal or local pemnits,
approvals or authorizations that may be required.
NOTE: Future development of the permittee's property may require a modification of this permit.
Contact a representative of the Division at (252) 264-3901 prior to the commencement of any
such activity for this determination.
NOTE: The N.C. Division of Water Quality has assigned the proposed project DWQ Project No.
001382.
NOTE: The U.S. Army Corps of Engineers has assigned the proposed project COE Action Id. No.
200110090.
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PASQUOTANK COUNTY COMMERCIAL PROPERTY INFORMATION
Tax Into Mans Sales Election In Other
Location: 00722 Acct: PIN: MAP:17- Deed: Deed Date:
RIVERSIDE AVE 117020 892305087045 B-7 1005/498 20080122
Owner
LEMHG #1 LLC
2006 RIVERSHORE RD
ELIZABETH CITY, NC 27909
Aaseasment
Prior $1360 000.00 Current $1088 000.00
Land: Land '
Prior $6,200.00 Current $5,300.00
Bldg: Bldg
Prior $1,366,200.00 Current $1,093,300.00
Total: Total
Taxed Acres: 3.2
*Estimated* 2013 City Tax: $ 6,762.69
*Estimated* 2013 County Tax: $8,607.06 : *Estimated* 2014
County Tax: S8,309.08
Click here to send Pasauotank Countv a better/correct
picture. PID: 0009919
Last Update: 20140221
DATE
SALES TYPE
No sales data.
LAND TYPE
SIZE
WATERFRONT
32 ACRES
OUTBUILDING DATA
Type
Flat+/- Year
Size Grade
BDI
1940
IX2200.0 C
BDI
- 1940
1X3444.0 C
BDI
1940
IX1760.0 C
BDI
1940
1X800.0 C
Slit
1940
IX9000.0 C
R82
1940
0360.0 C
SALE PRICE SOURCE ASSESSMENT DEED BOOK/PAGE
MKT Value
$ 1,360,000.00
[dent
Cond
Utility
RCN
%GD
Units
1 6
2
1730.0
0.01
'1 l
2 -
450.0
0.01
1 1
2
230.0
0.01
1 1
2
100.0
0.01
1 1
2
1890.0
0.01
1 1
2
60.0
0.01
REMWW
JUL 14 2014
DCMMHDCITY
http://www.co.pasquotank.nc.us/GIS/Tax/taxcard.cftn?PIN=892305087045
7/9/2014
Dr. Uoyd and Mary Hadley Griffin
Ap0123, 2014
�
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Syr
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3.
4.
5.
6.
RESTORATION PLAN
For
Dr. Lloyd Griffin and Mrs. Mary Hadley Griffin Propery_
CAMA Violation No.14-12A
Property located at 722 Riverside Avenue, Pasquotank County
MI AY - 8 2014
All floating docks are to be maintained adjacent. to the permiftee's property located at 722 Riverside
Avenue in a manner consistent with the permit Issued. Floating structures shall not block navigation.
extend outside of the permitted marina footprint or encroach into adjacent riparian corridors.
a. The floating dock currently tied to docks located adjacent to 708 Riverside Avenue, shall be
returned to the permitted alignment at 722 Riverside Avenue. Should this not be possible, the
dock shall be disassembled and placed on high ground a minimum of 30' from normal water
level at 722 Riverside Avenue or relocated to an approved high ground site.
b. The floating dock currently tied to the travel lift dock and the shoreline adjacent to the College of
the Albemarle Sailing Center shall be returned to the permitted alignment or disassembled and
placed on high ground a minimum of 30' from normal water level at 722 Riverside Avenue or
relocated to an approved high ground'site.
Freestanding pilings, initially installed for 1he floating docks, pose a navigation hazard at night. Any
signal or lights prescribed by the US Coast Guard, through regulation or otherwise, must be installed.
At minimum permanent reflectors must be attached to the outside of the docks and free standing pilings
in order to make them more visible during hours of darkness or inclement weather.
Please submit verification that an Easement was obtained from the Department of Administration's
State Property Office.
Unconsolidated fill has been placed along the shoreline on the northwest side of the property with no
erosion control structures to pieventrunoff, in order to protect water quality, runoff from the construction
site must tie controlled by installing erosion & sedimentation shuctures. ' The use of bedded sift fencing
and staked hay bales may be used until a vegetative cover has been established on the Onjpeity
adjacent to the water.
Remove all demolition debris and dispose of in an approved container onsite, or removed to an
approved off site location.
The change of the deeded ownership to LEMHG #1, LLC must be documented and the permit
transferred to that corporation or the permit may be voided and additional action taken to bring the
property into compliance.
I, Dr. Lloyd E. Griffin, Jr, and/or Mary Hadley agree to the above corrective action to bring the property into
compliance with State CAMA Major Permit #14-12A.
I agree to complete this restoration to the satisfaction of the Division of Coastal Management (DCM) by
May 26, 2014, 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(S):t
DATE:
i
It is the policy of the Coastal Resources Commission to levy a civil assessment against all violations. If restoration is
not undertaken or satisfactorily completed, a substantially higher civil assessment will be levied and an injunction
sought to require restoration. RECEIVED
rl
JUN 0 9 2014
DCM-MHD CITY
TOOK XVd 4Z:TT tTOl/90/So
Pat McCrory
Governor
MURR
North Carolina Department of Environment and Natural Resources
NOTICE OF VIOLATION
April 23, 2014
CERTIFIED MAIL ARTICLE NO.7012 0470 0002 0007 7092
RETURN RECEIPT REQUESTED
Dr. Lloyd and Mrs. Mary Hadley Griffin
LEMHG #1 LLC
Post Office Box 444
Elizabeth City, North Carolina 27909
RE: VIOLATION(S) OF CAMA MAJOR DEVELOPMENT PERMIT NO.34.01
CAMA VIOLATION #14-12A
Dear Dr. and Mrs. Griffin:
John E. Skvarla, III
Secretary
This letter confirms that on April 7, 2014, 1 meet onsite with Attorney Tom Nash and Mrs. Griffin at property
located at 722 Riverside Avenue adjacent to the Pasquotank River located in Elizabeth City, Pasquotank
County, North Carolina. The purpose of the visit was to discuss development on the site and
inconsistencies with the CAMA Major Permit, issued to Lloyd and Mary Griffin under the project name
"Elizabeth City Boatyard". Permitted development includes the construction of a 67 slip marina with
floating docks, a pump -out facility, a breakwater structure, shoreline stabilization and condominiums.
Information gathered by me for the NC Division of Coastal Management shows that you have violated the
terms or conditions of State Permit No. 34-01 which was issued to you by the Coastal Resources
Commission and the North Carolina Department of Environment and Natural Resources. I hereby request
that you immediately CEASEAND DESIST such violations and comply with the terms and conditions of the
above permit.
On March 8, 2001, State Permit No. 34-01 (Copy Enclosed) was issued to Lloyd and Mary Griffin to
construct a 67 slip marina with floating docks, a pump -out facility, a breakwater, shoreline stabilization and
condominiums in and adjacent to the Pasquotank River on property located at 722 Riverside Avenue, in
Elizabeth City, North Carolina. This permit was issued for CAMA Major Development in an Area of
Environmental Concern, in accordance with North Carolina General Statutes (N.C.G.S.) 113A-118.
This permit included the following terms and conditions that are in question:
1) Condition #5: All piers and associated structures shall have a minimum setback distance of 15'
between any parts of the structure and the adjacent property owner's �ripa' access
JUN 0 9 2n14
1367 U.S.17 South, Elizabeth City, North Carolina 27909
Phone: 252-264-39011FAX: 252-264-3723 1 Internet: www.nccoastaimanagement.net DCM-MffDCITY
An Equal Opportunity 1 Affirmative Action Employer— 50% Recycled 110% Post Consumer Paper
Dr. Lloyd and Mary Hadley Griffin
April 23, 2014
Page 2
corridor, which is determined by drawing a line parallel to the channel, then drawing a line
perpendicular to the channel line that intersects with the shoreline at the point where the
upland property meets the waters edge.
2) Condition #6 : No attempt will be made by the permittee to prevent the full and free use by the
public of all navigable waters at or adjacent to.the authorized work.
3) Condition #7 : The authorized structures and associated activity must not cause an
unacceptable interference with navigation.
4) Condition #8 : The permittee will maintain the authorized work in good condition and in
conformance with the terms and conditions of this permit. The permittee is not relieved of this
requirement if he abandons the permitted activity without having it transferred to a third party.
5) Condition #10 : The permittee must install and maintain at his expense any signal or lights
prescribed by the US Coast Guard, through regulation or otherwise, on the authorized facilities.
At.minimum,..permanent reflectors should be attached to.the structures in, order.to.make-them
more visible during hours of darkness or inclement weather.
6) Condition #12 : Prior to construction of any new boat slips or other docking facilities under this
permit, the permittee must apply for and receive an Easement from the Department of
Administration's State Property Office as required by N.C.G.S. 146-12(e). .
7) Condition #21 : In order to protect water quality, runoff from the construction site must not
visibly increase the amount of suspended sediments in adjacent waters.
8) Condition #23 : Debris or material resulting from the removal of any piers or any high ground
structures shall be deposited in an approved high ground disposal•area.
For the following reasons, you are in violation of the above terms and conditions of your permit:
1. A floating dock approximately 300' in length is tied to the shoreline adjacent to the College of
the Albemarle's Sailing Center, and.is encroaching into the 15' riparian corridor in conflict with
Condition #5 of the CAMA Major Permit issued.
2. The same floating dock is tied secured along the shoreline to the end of a travel lift dock
blocking navigable waters adjacent to the project site in conflict with Conditions #6 and #7 of
the CAMA Major Permit issued.
3. A second floating dock is tied to a stationary dock located outside of their approved alignment
and adjacent to unrelated properties, located at 702 and 708 Riverside Avenue, in conflict with
Condition #5 of the CAMA Major Permit issued. �J
4. Demolition debris has been left discarded on the property adjacent to the water and on
deteriorating docks in conflict with Conditions #8 and #23 of the CAMA Major Permit issued.
5. Freestanding pilings, initially installed for the floating docks, extend approximately 200' from
the main fix pier, paralleling the channel in the Pasquotank River (approximately 285'
waterward of the shoreline), and poses'a navigation hazard at night. This hazard is in conflict
with Condition #10 of the CAMA Major Permit issued.
6. Prior to construction of new boat slips or other docking facilities the permittee was required to
apply for, ,and receive, an Easement from the Department of Administration's State Property
Office as required by N.C.G.S. 146-12(e), failure to do so would be in conflict with Condition
412 of the CAMA Major Permit issued.
Nk
Y' Dr. Lloyd and Mary Hadley Griffin
April 23, 2014
Page 3
7. Unconsolidated fill has been placed along the shoreline on the northwest side of the property
with no erosion control structures to prevent runoff into the adjacent river in conflict with
Condition #21 of the CAMA Major Permit issued.
8. Debris from the removal of the old docks and piers is piled along the shoreline posing a
hazard. In a number of locations debris from the site was found in the adjacent water body.
Failure to deposit the debris in an approved high ground disposal area is in conflict with
Condition #23 of the CAMA Major Permit issued.
In addition to the permit issues noted above, a review of the deeds for the property revealed that on
January 22, 2008, the property in question was transferred from the names Lloyd E. Griffin, Jr, and wife
Mary Hadley Griffin to LEMHG #1, LLC. Development permits must be maintained in the deeded name of
the property owner.
If the terms and conditions of a permit are not complied with, the permit is null and void from the date of its
issuance. To comply with the terms and conditions of the permit issued to you, you must undertake
the following corrective action:
1. All floating docks are to be maintained adjacent to the permittee's property located at 722
Riverside Avenue in a manner consistent with the permit issued. Floating structures shall not
block navigation, extend outside of the permitted marina footprint or encroach into adjacent
riparian corridors.
a. The floating dock currently tied to the travel lift dock and the shoreline adjacent to the
College of the Albemarle Sailing Center shall be returned to the permitted alignment or
disassembled and placed on high ground a minimum of 30' from normal water level at
722 Riverside Avenue or relocated to an approved high ground site.
b. The floating dock currently tied to docks located adjacent to 702 and 708 Riverside
Avenue, shall be returned to the permitted alignment at 722 Riverside Avenue. Should
this not be possible, the dock shall be disassembled and placed on high ground a
minimum of 30' from normal water level at 722 Riverside Avenue or relocated to an
approved high ground site
2. Freestanding pilings, initially installed for the floating docks, pose a navigation hazard at night.
Any signal or lights prescribed by the US Coast Guard, through regulation or otherwise, must
be installed. At minimum permanent reflectors must be attached to the outside of the docks
and free standing pilings in order to make them more visible during hours of darkness or
inclement weather.
3. Please submit verification that an Easement was obtained from the Department of
Administration's State Property Office.
4. Unconsolidated fill has been placed along the shoreline on the northwest side of the property
with no erosion control structures to prevent runoff, in order to protect water quality, runoff from
the construction site must be controlled by installing erosion & sedimentation structures. The
use of bedded silt fencing and staked hay bales may be used until a vegetative cover has been
established on the property adjacent to the water.
5. Remove all demolition debris and dispose of in an approved container onsite, or removed to an
approved off site location.
RECENED
I
JUN 0 9 2014
DCM-MHD CITY
Dr. Lloyd and Mary Hadley Griffin
April 23, 2014
Page 4
6. The change of the deeded ownership to LEMHG #1, LLC must be documented and the permit
transferred to that corporation or the permit may be voided and additional action taken to bring
the property into compliance.
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.
A civil assessment of up to $10,000, plus investigation costs, may be assessed against any violator, or an
injunction or criminal penalty may be sought against any person who violates a CAMA Major Development
permit. It is the policy of the Coastal Resources Commission to levy a civil assessment not to exceed
$10,000, plus investigation costs, against all violations of this type. This is done to.recoup some of the
costs of investigating violations and/or to compensate the public for any damage to its natural resources.
The amount assessed will depend on several factors, including the nature and area of the resources that
were affected and the extent of the damage to them. If restoration of the affected resources is requested
but is not undertaken or completed satisfactorily, a substantially higher civil penalty will be assessed and a
court injunction will be sought ordering restoration (N.C.G.S.113A-126).
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.
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 failure to act in accordance with the terms,
conditions, or requirements of such permit.
Sincerely,
Lynn W. Mathis
Field Specialist
Cc: Frank A. Jennings III, District Manager, DCM
Roy Brownlpw, Compliance Coordinator, DCM
Emily Greer, USACE
Tom Nash, Attorney
ENCLOSURES
f Dr. Lloyd and Mary Hadley Griffin
April 23, 2014
Page 5
RESTORATION PLAN
For
Dr. Lloyd Griffin and Mrs. Mary Hadley Griffin Property
CAMA Violation No.14-12A
Property located at 722 Riverside Avenue, Pasquotank County
1. All floating docks are to be maintained adjacent to the permittee's property located at 722 Riverside
Avenue in a manner consistent with the permit issued. , Floating structures shall not block navigation,
extend outside of the permitted marina footprint or encroach into adjacent riparian corridors.
a. The floating dock currently tied to docks located adjacent to 708 Riverside Avenue, shall be
returned to the permitted alignment at 722 Riverside Avenue. Should this not be possible, the
dock shall be disassembled and placed on high ground a minimum of 30' from normal water
level at 722 Riverside Avenue or relocated to an approved high ground site.
b. The floating dock currently tied to the travel lift dock and the shoreline adjacent to the College of
the Albemarle Sailing Center shall be returned to the permitted alignment or disassembled and
placed on high ground a minimum of 30' from normal water level at 722 Riverside Avenue or
relocated to an approved high ground site.
2. Freestanding pilings, initially installed for the floating docks, pose a navigation hazard at night. Any
signal or lights prescribed by the US Coast Guard, through regulation or otherwise, must be installed.
At minimum permanent reflectors must be attached to the outside of the docks and free standing pilings
in order to make them more visible during hours of darkness or inclement weather.
3. Please submit verification that an Easement was obtained from the Department of Administration's
State Property Office.
4. Unconsolidated fill has been placed along the shoreline on the northwest side of the property with no
erosion control structures to prevent runoff, in order to protect water quality, runoff from the construction
site must be controlled by installing erosion & sedimentation structures. The use of bedded silt fencing
and staked hay bales may be used until a vegetative cover has been established on the property
adjacent to the water.
5. Remove all demolition debris and dispose of in an approved container onsite, or removed to an
approved off site location.
6. The change of the deeded ownership to LEMHG #1, LLC must be documented and the permit
transferred to that corporation or the permit may be voided and additional action taken to bring the
property into compliance.
I, Dr. Lloyd E. Griffin, Jr, and/or Mary Hadley agree to the above corrective action to bring the property into
compliance with State CAMA Major Permit #14-12A.
I agree to complete this restoration to the satisfaction of the Division of Coastal Management (DCM) by
May 26, 2014, 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(S):
DATE:
It is the policy of the Coastal Resources Commission to levy a civil assessment against all violations. If restoration is
not undertaken or satisfactorily completed, a substantially higher civil assessment will be levied and an injunction
sought to require restoration. RECEWM
JUN 0 9 2014
bCM-MRD erry
DCM ENFORCEMENT TRACKING REPORT
Issuer
Field Rep. I I El Violation Case No.
Compliance Rep. l._`: pu 1•-'� i�`�t)'t5 w Permit No.
LPO RgL,4- Ta4',&, nAn ort, ❑ (if applicable)
WLPJ T)"D LPMS
Violation Description Was activity permittable? Yes / No
Initial Discovery Date Discovery Method
Violation Description
Respondent Information - Prior CAMA or D//FF+Violations: Yes Prior Case No.
Respondent Name(s) �3n 6.<ifierAJ (Landowner/AgenUContractor)
Address
City
State _ Zip
Phone #
Fax #/Email
Corporate Name & Registered agent LEMHG
f-I
( Lto` E: j AAAa-4
Violation Type:
Project Type:
Authorizations Required:
Site Visits Respondent Site Visits
Respondent
rF❑,r No Permit
Permit Condition
❑ Private/Community
❑ Govt./Public
!❑
Major CAMA
Minor D&F
Present
❑
Present
❑
Expired Permit
Commercial
❑
General
❑
❑
❑ Inconsistent w/ Rules
Tier Level: I II III
❑
❑
Violation Location and Site Description
Project Location: County �h5��o7hrlk
Lat/Long
Shoreline Length
Street Address/ State Road/ Lot #(a)
SAV: Not Sure
Yes
r16
j��
�^
t ()L 17y�I
Sandbags: Not Sure
Yes
r"
Subdivision_
PNA:
Yes
® Adjacent
City �7
�1�1�f•+'j�'j jf'
[t ZIP 'fiZ. Gj�
ORW:
Crit. Hab.
Yes
Yes
Adjacent
U'CEP&l)
Phone # ( _)
River Basin
Photos
ve
, No
Adj. Wtr. Body
t)u 1A sti [(C /f an/unkn)
Waiver Required
�9
NJUN U s 2014
Closest Maj. Wtr. Body
In DWQ Buffer Area
Yea
Specify DWQ Buffer if applicable:
Restoration
Extension Granted
Yes No
NOV Date ,0 � Z�Zoiy
Initial Req. Comp. Date
CNOV Date
Penalty Assessment
Date Comp. Observed
Sent to Respondent Date App./Permit Fee
Rcvd. by Dist. Mgr. Date Penalty
Assessment Extended Yes No WilUuUlntent.
Continuing
Restoration Letter
Acceptance Date
7J.0409 Ref.
Recomm. Assess.
DCM Assess.
. T J
S .Oct
$
$
$
d
$ Iy2•aa
$
Total
0Y y d0
T�enit�Lj�' �5jz.iA�Za>v6 sc;u2�Lt+�%�7tj�.w
rsTuMun:c ww��>c = � yy�.vr�
, /N
l
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 penaltyFNOV ❑ Injunction to complete restoration
Date Collection Letter Sent Date Demand Letter Sent
Violation Activities and Impacts
AECs Affected: Wetlands Impacted? Yes / No If yes, which types:
CW EW PTA ES PTS
OEA HHF IH UBA N/A SA DS cJ SY JR LS TY
PWS: FC: Ss SC SP IF BF 404
Other:
Restoration Required by the Respondent Yes / No
Dimensions in excess Dimensions to restore Final dimensions
of permit/ unauthorized activities allowed Actually restored
-
Development Activities
Habitat Description -
u
Closing
Payment Received $ Date Date Case Closed