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