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HomeMy WebLinkAbout14-09A LSI Marine ConstructionCAMA VIOLATION #14-09A LSI Marine Construction CIO Scott Small AGREEMENT TO PAY PROPOSED CIVIL ASSESSMENT APR 17 2014 I understand that the staff of the Department of Environment and Natural Resources will propose the assessment of a civil penalty in the amount of $527.00 against me for violation of the Coastal Area Management Act, NCGS 113A-100 et sec, committed on or near property located at 420 Brant Road in Cumtuck County, North Carolina. In order to resolve this matter with no further action orexpense on my part, I accept responsibility for the violation as described in the Notice of Violation letter dated March 18, 2014, and agree to pay the proposed civil assessment of $527.00. DATE SIGNA;PURE ADDRESS TELEPHONE NUMBER ,. RECBIVEL+ APR 2 3 2014 DCtvt-tbtim= 014 Pat McCrory Governor NCDENR North Carolina Department of Environment and Natural Resources Division of Coastal Management Braxton C. Davis Director NOTICE OF VIOLATION March 18, 2014 CERTIFIED MAIL #7012 0470 0002 0007 7221 RETURN RECEIPT REQUESTED LSI Marine Construction C/O Scott Small 113 Ballast Rock Dr. Powells Point, NC 27966 John E. Skvada, III Secretary RECEWW MAR 2 4 2014 DCM-MHD Cn Y RE: VIOLATION(S) OF CAMA GENERAL DEVELOPMENT PERMIT NO. A62395 CAMA VIOLATION #14-09A Dear Mr. Small: This letter is in reference to my March 12, 2014 visit onsite Scott & Steffi Keller's property, property located at 420 Brant Road adjacent canal that leads to Knotts Island Bay, located in or near Corolla, within the Carova Beach subdivision, Cumtuck County, North Carolina. The purpose of the visit was to conduct a compliance site visit for the construction of additional platform area as well as a single jet -ski lift authorized through the Coastal Area Management Act (CAMA) General Development Permit #A62395. This letter also confirms my phone conversation with your wife, Monica Small, on March 17, 2014. Information gathered by me for the NC Division of Coastal Management indicates that your actions as contractor for Scott & Stefft Keller are in violation of the terms and conditions of CAMA General Development Permit No. A62395. No person may undertake major development in a designated Area of Environmental Concern (AEC) without first obtaining a permit from the North Carolina Department of Environment and Natural Resources pursuant to the North Carolina General Statutes (N.C.G.S.) 11 3A-1 18, On October 22, 2014, CAMA General Development Permit No. A62395 was issued to Scott & Steffi Keller which authorized 105 sf of additional platform area and the installation of a single jet -ski lift on an existing docking facility containing a boatlift adjacent to a man-made canal on property located in Currituck County, North Carolina. This permit was issued for major development in the Public Trust Area and Estuarine Waters Area of Environmental Concern (AEC), in accordance with North Carolina General Statutes (N.C.G.S.) 11 3A-1 18. This permit included the following terms and conditions(s): Per 07H.1205(r), 'Piers and docking facilities shall be designed to provide docking space for no more than two boats". 1367 US 17 South, Elizabeth City, NC 27909 Phone: 252-264-3901 \ FAX: 252-264-3723 ; Internet: www.nocoastalmanagement.net An Equal opportunity \ Affirmative Action Employer LSI Marine Construction C/o Scott Small March 18, 2014 Page 2of2 2. It was expressly written on the permit that only two formalized slips were authorized and labeled as such on the permit drawing. For the following reasons, you are in violation of the above terms and conditions(s) of said permit: A double jet -ski -lift was installed creating a total of three formalized slips. This development would have required authorization through a full CAMA Major Permit review process. I request that you immediately CEASE AND DESIST any further development. A civil assessment of up to $10,000 plus investigative costs may be assessed against any violator. Each day that the development described in this Notice is continued or repeated may constitute a separate violation that is subject to an additional assessment of $10,000. An injunction or criminal penalty may also be to enforce any violation in accordance with N.C.G.S. 113A-126. It is the policy of the Coastal Resources Commission to levy a civil assessment not to exceed $10,000 plus investigative costs against all violations. 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. Whether a higher amount will be assessed depends on several factors, including the nature and area of the resources that were affected and the extent of the damage to them. Based upon the North Carolina Administrative Code, Title 15A, Subchapter 7J.0409(g)(4)(E) the policy of the Coastal Resources Commission is to levy a civil assessment against contractors in addition to that assessed against the landowner. Therefore, you should expect a civil assessment to be levied against you. 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. Upon my submission of an enforcement report to the District Manager you will be notified as to the amount of the civil assessment for failure to comply with the terms, conditions, or requirements of such permit. Sincerely, Ron Renaldi Coastal Management Representative Cc: Frank Jennings, District Manager, DCM Roy Brownlow, Compliance Coordinator, DCM .. DCM ENFORCEMENT TRACKING REPORT LP 1 + Issuer Violation Case No. 14 - 04 A Rep. 1 ur 14 r.� C Rep Permit No. & P 4 %,-A 3 li i A E3 (if applicable) Violation Description Was activity permittable? Yes / No Initial Discovery Date 3 j a,l a o t y DiscoveryMethod & n tir, Violation Description clo,hlf 41 ;nSkAJ .4 s.�lr rci-SC; Jrfl. Address I Qo,k- be City Po wt W, Po, nnf State N r_ Zip d S b 6 Phone # (�S?a L co - S S6 Fax #/Email Corporate Name & Registered agent LSL Violation Type: Project Type: Authorizations Required: Site Visits Respondent Site Visits Respondent ❑ No Permit� Private/Community Permit Condition 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 \\ Lat/Long 36J5.1.0 Li-1S.9to831Y Project Location: County (� „rr. 7� o (� Shoreline Length I DO Street Address/ State Road/ Lot #(s) \,gyp 3 ro i i Le } 8 3 SAV: Not sure Yes 4Vui-v, v� to Sandbags: Not Sure Yes L9' Subdivision (yrodc, hRO(A(,h PNA: Yes f Adjacent ORW: Yes ® Adjacent City Corolla ZIP A'4Fd j - Crk. Hab. Yes Phone # ( _): River Basin Pa %vo 1ti e Photos Yes tN�d Adj. Wtr.Body Ca✓nl do k}{-s XtI,, gF/ (nafr/ >/unkn) Waiver Required ® No Closest Maj. Wtr. Body (, I L 5i a c) v rr• c. In DWQ Buffer Area Yes Specify DWQ Buffer if applicable:. Restoration NOV Date CNOV Date Penalty Assessment Sent to Respondent Date Rcvd. by Dist. Mgr. Date Assessment Extended Yes No RECTUM MAR 2 4 2014 Initial Req. Comp. Date Date Comp. Observed App./Permit Fee Penalty Willful/Intent. Continuing Extension Granted Yes No Restoration Letter Acceptance Date 7J.0409 Ref. Recomm. Assess. DCM Assess. $aSo.uo $ 4 A $120,vo $ L $ $ Total ra ov DI',M-MMCI Y T Formal Assessments, Appeals and Reductions Date Long Form Submitted Assessment Appealed: Yes No Date Formal CPA Submitted 0 Penalty modified Final Assessment $ - Date Attorney General's Office for Injunction or Formal Collection Date sent to AG Respondent not responsive to penalty/NOV'Q Injunction to complete restoration Date Collection Letter Sent Date Demand Letter Sent Violation Activities and Impacts AECs Affected: cW (�rx) PTA .ES PTS OEA . HHF UBA N/A PWS: FC: Restoration Required by.the Respondent Yes / No Wetlands Impacted? Yes�o� If yes, which types: SA DS CJ SY JR LS TY sS Sc SP IF BF 404 Dimensions in excess of permit/ unauthorized activities Dimensions to restore Final dimensions allowed Actually restored x.4�,eveloprlenfActlulhe9; vt r! f �z. ,+h,a,x F ,F 3 x:.„C .if j`l uJ�,'ju; `. R 1l NOTES: 'Closing Payment Received $ Date Case Closed AGWYAAV�7 NCDENR North Carolina Department of Environment and Natural Resources Pat McCrory John E. Skvada, III Governor Secretary March 24, 2014 CERTIFIED MAIL #7012 0470 0002 0007 7238 RETURN RECEIPT REQUESTED LSI Marine Construction C/O Scott Small 113 Ballast Rock Dr. Powells Point, NC 27966 RE, CAMA VIOLATION #14-09A Dear Mr. Small: This letter is in reference to the Notice of Violation dated March 18, 2014 that Ron Renaldi, representative for the Division of Coastal Management, issued to you for the installation of a double jet -ski lift that created three formalized slips at 420 Brant Road, Currituck County. The violation involved the Public Trust Area and Estuarine Waters, which are Areas of Environmental Concern designated by the Coastal Resources Commission. The Coastal Area Management Act provides that a civil assessment of up to $10,000 plus investigative costs may be assessed for any violation. It is the policy of the Coastal Resources Commission to assess a civil penalty for all violations in order to recover some of the costs of investigating violations andlor 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 $527.00 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 $527.00 made payable to the North Carolina Department of Environment and Natural Resources (NCDENR); 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. RECEWED 1367 Us 17 south, Elizabeth City, NC 27909 r�MAR 2 7 2014 Phone: 252-264-39011 FAX: 252-264-3723 ; Internet: www,ncDoastalmanagement.net DCM MHD CrfY An Equal Opportunity 1 Affirmative Action Employer LSI Marine Construction C/O Scott Small March 24, 2014 Page 2 Thank you for your time and cooperation in resolving this important matter. If you have any questions, please do not hesitate to contact me at (252) 264-3901. Sincerely, Frank Jennirl/gs District Manager Division of Coastal Management Enclosure cc: Roy Brownlow, Compliance Coordinator, DCM Ron Renaldi, Coastal Management Representative, DCM CAMA VIOLATION #14.09A LSI Marine Construction CIO Scott Small AGREEMENT TO PAY PROPOSED CIVIL ASSESSMENT I understand that the staff of the Department of Environment and Natural Resources will propose the assessment of a civil penalty in the amount of $527.00 against me for violation of the Coastal Area Management Act, NCGS 113A-100 et sec , committed on or near property located at 420 Brant Road in Currituck County, North Carolina. In order to resolve this matter with no further action orexpense on my part, I accept responsibility for the violation as described in the Notice of Violation letter dated March 18, 2014, and agree to pay the proposed civil assessment of $527.00. DATE SIGNATURE ADDRESS TELEPHONE NUMBER MRECEIVER AR 2 7 2014 DCMMHDCrrY DCM ENFORCEMENT TRACKING REPORT ur 1 Issuer I L}- OQ }� Rep. ) 14r.� � C i to Violation Case No. Rep. Initial Discovery Date 3 J I y,) d o I y Discovery Method Violation Description 1rSWIcaa do�614 Permit No. %P # 6Al5SM (if applicable) Was activity pennittable? Yes / No Address 1k3 ggl\aS-- Q0�X pr City wcIl o,n State tiD Zip.A39(,6 Phone # l s)a UCi 1- S 56 Fax #/Email Corporate Name & Registered agent LSS Violation Type: Project Type: Authorizations Required: Site Visits Respondent Site Visits Respondent ❑ No Permit Permit Condition �t./Public Private/Communrty � Major GovMinor � CAMA ❑ D&F Present X 4 ❑ Present y-y 0 Expired Permit nL Commercial ❑ General _ ❑ ❑ Inconsistent w/ Rules Tier Level' I K'1-1) III ❑ ❑ Violation Location and Site Description Project Location: County _ C11 Street Address/ State Road/ Lot #(a) .. I,1 ko 13 rn ni- Q. ct / L.d h Q 10 Subdivision, o jc, V,ofx,h City ZIP. d-4qd.-)- Phone # ( _). River Basin paj- Adj. Wtr. Body Cr.rr.1 40 k�i'Ft gU/ (naunkn) Closest Maj. Wtr. Body LaVLong Sb,StOSR�-f"-�S.Sb831 Shoreline Length Ip0 SAV: Not Sure Yes Sandbags: Not sure Yes t� PNA: Yes No Adjacent ORW: Yes Adjacent Crit Hab. Yes (Jo Photos Yes Waiver Required 6�) No In DWQ Buffer Area Yes p Specify DWQ Buffer if applicable: Restoration NOV Date CNOV Date Penalty Assessment Sent to Respondent Date _ Rcvd. by Dist. Mgr. Date _ Assessment Extended Yes No Initial Req. Comp. Date Date Comp. Observed App./Permit Fee Penalty WiIlfuVlntent. Continuing Investigativd a1-/,, MAR 2 7 20V F, Extension Granted Yes No Restoration Letter Acceptance Date UD DCM•MHDC1Ty Formal Assessments, Appeals and Reductions Date Long Form Submitted Assessment Appealed: Yes No Date Formal CPA Submitted Penalty modified Final Assessment $ _ - - - ... Date _ ... Attorney General's Office for Injunction or Formal Collection Date sent to AG Respondent not responsive to penalty/NOV' Injunction to complete restoration Date Collection Letter Sent Date Demand Letter Sent .. Violation Activities and Impacts AECs Affected: �'• � . Wetlands Impacted? Yes � If yes, which types: CW LtW� P A .ES PTS OEA HHF .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 of permit/ unauthorized activities Dimensions to restore �' Final dimensions allowed Actually restored Deve(OnentA4tUltleS4r %nc. ks�u a., ri+ s.w+ta-u na.r Yet a-.,c': bq �'. ..4'hu' ei rrh`� =, ,.-`t"m+•. aG«`.w #a`"k Yxx:..:2 ;:r, n. 77 NOTES: 'Closing Payment Received $ Date Date Case Closed (lSlt�- w ��3A 1 I�CDENR North Carolina Department of Environment and Natural Resources Pat McCrory John E. Skvarla, III Governor Secretary April 21, 2014 LSI Marine Construction C/o Scott Small 113 Ballast Rock Drive Powells Point, NC 27966 RE. Payment of Proposed Penalty for Violations of the Coastal Area Management Act, Currituck County, CAMA Violation #14-O9A Dear Mr. Small: This letter will acknowledge receipt of your Check #18467, in the amount of $527, and dated 04/12/2014. Once the amount of the check is credited to the Department of Environment and Natural Resources' account, this matter will be fully and completely closed. If you have any further questions concerning this matter, please contact me at my Elizabeth City office at 252-264-3901. Sincerely, Frank Jen ngs, District Manager Northeastern District Division of Coastal Management FJ/yc cc: Roy Brownlow, Compliance Coordinator, DCM, Morehead City REam Ron Renaldi, Coastal Management Rep., DCM, Elizabeth City APR 2 3 2014 DCM MHD CITY 1367 US 17 South, Elizabeth City, NC 27909 Phone: 252-264-39011 FAX: 252-264-3723; Internet: hdi):/looftal.nodenr.orolweb/cm/dcm-home An Equal Opportunity i Affirmative Action Employer