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HomeMy WebLinkAbout14-12A LEMHG #1w ®� 2 ��-- 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. Y a wYuv wau� vv u.�L� atan �µHl ,' 1\l.JLL1LJ rago a vi L 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 � ppQ Page 5 Syr 1�W1 0J 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