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Home My WebLink About14-05A JohnsonMAP; 1 0 2014 CAMA VIOLATION #14-05A Page Johnson II 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 iR the amount of $227.00 against me for violation of the Coastal Area Management Act, NCGS 113A-100 et sec , committed on or near property located at 1066 Ocean Trail in Currituck County, North Carolina. In order to resolve this matter with no further action or expense on my part, I accept responsibility for the violation as described in the Notice of Violation letter dated February 24, 2014, and agree to pay the proposed civil assessment of $227.00. SIGNATUR+�E-� \p C ADDRESS�� \)a N�3L� �� rls`-I�`��t�t�� 1 TELEPHONE NUMBER 4P AM NC CNR North Carolina Department of Environment and Division of Coastal Management Pat McCrory Braxton C. Davis Governor Director March 10, 2014 Page Johnson, II Lightkeepers Hospitality, LLC 1300 Diamond Springs Rd., Suite 204 Virginia Beach, VA 23455 Natural Resources John E. Skvarla, III Secretary RE. Payment of Proposed Penalty for Violations of the Coastal Area Management Act, Currituck County, CAMA Violation #14-05A Dear Mr. Johnson: This letter will acknowledge receipt of your Check #2441, in the amount of $227, and dated 03/07/2014. 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 Jennings, District Manager Northeast District FJ/yc cc: Roy Brownlow, Compliance Coordinator, DCM, Morehead City Ron Renaldi, Coastal Management Rep., DCM, Elizabeth City 1367 US 17 South, Elizabeth City, NC 27909 Phone: 252-2643901 k FAX: 252-264-3723 Internet: www.nocoastaimanaaement.net RECEIVED MAR 17 2014 An Equal Opportunity 1Afirma6ve Action Employer w UM North Carolina Department of Environment and Division of Coastal Management Pat McCrory Braxton C. Davis Governor Director NOTICE OF VIOLATION February 24, 2014 CERTIFIED MAIL #7012 0470 0002 0007 7177 RETURN RECEIPT REQUESTED Page Johnson II 1300 Diamond Springs Rd, Suite 204 Virginia Beach, VA 23455 Natural Resources RE: VIOLATION(S) OF CAMA MAJOR DEVELOPMENT PERMIT NO.110.12 CAMA VIOLATION #14-05A Dear Mr. Johnson: John E. Skvada, III Secretary This letter confirms that on February 14, 2014, 1 was onsite at your property located at 1066 Ocean Trail (NC-12) adjacent to the Currituck Sound located in or near Corolla, Currituck County, North Carolina. The purpose of the visit was to monitor the permitted development of a bulkhead, riprap and walkway within the Currituck Sound. This letter also confirms our February 20, 2014 phone conversation. Information gathered by me for the NC Division of Coastal Management shows that you have violated the terms or conditions of State Permit No. 110-12 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 CEASE AND DESIST such violation(s) and comply with the terms and conditions of the above permit. On September 28, 2012, State Permit No. 110-12 was issued to Page Johnson II for the construction of a bulkhead, riprap, boardwalk and repairs to the existing docking facility within the Currituck Sound on property located in Currituck County, North Carolina, off NC-12. This permit was issued for a CAMA Major Development in Estuarine Waters, the Public Trust Area, Estuarine Shoreline and Coastal Wetland Areas of Environmental Concern (AEC), in accordance with North Carolina General Statutes (N.C.G.S.) 113A- 118. This permit included the following term and condition: (Condition # 10) Unless specifically altered herein, this permit authorizes the boardwalk and steps and uses located in or over the water that are expressly and specifically set forth in the permit application. No other structure, whether floating or stationary, shall become a permanent part of this docking facility without permit modification. No non -water dependent uses of structures shall be conducted on, in or over public trust waters without permit modification. RECt~ D 1367 US 17 South, Elizabeth City, NC 27909 B€B P 7 M44 Phone: 252-26439011 FAX: 252-264-3723 ; Internet: www.ncooastalmanagement.net An Equal Opportunity 1 Affirmative Action Employer DC4,ktdt " Nx'V Page Johnson II ` February 24, 2014 ' Page 2 of 2 For the following reasons, you are in violation of the above terms and conditions(s) of your permit: 1. The addition of a ±444 sf platform constructed on the south side of the existing docking facility and the installation of a jet -ski davit lift. If the terms and conditions of a permit are not complied with, the permit becomes null and void from the date of its issuance. A civil penalty of up to Ten Thousand Dollars ($10,000) plus investigative costs, 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 assess a civil penalty 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 will depend on several factors, including the nature and area of the resources that were affected and the extent of the damage to them. Based upon review of the Coastal Area Management Act, Coastal Resource Commission's rules, and the local jurisdiction's Land Use Plan, the activity you have undertaken appears consistent with the guidelines for Areas of Environmental Concern. Therefore, restoration of the impacted area is not requested at this time. If you have any questions about this or related matters, please call me at (252) 264-3901. 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. Thank you for your time and cooperation in resolving this important matter. 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. Sincerely, Ron Renaldi Coastal Management Representative Cc: Frank Jennings, District Manager, DCM Roy Brownlow, Compliance Coordinator, DCM DCM ENFORCEMENT TRACKING REPORT 11 Issuer, j Rep. �n �erw j C I [a Violation Case No. _ Rep. ❑ Permit No. h4;or Perm,} #-110-Id (if applicable) Violation Description �{;,,..L2 Was activity permittabfe f Yes No antilr4 Initial Discovery Date 11Ja.o1J%oII Discovery Met -hod Co Ior� n,onionn,. ,,,. o�ic� uyi Pv, rev { Jei-skt d... } 17F� Violation Description A 4444+1 0640t. t\�,m.. r.,.-.%✓•,„ y.� , 4ke o.Y�e3�.,.. ntrr +4, wet no -I Address,)300 Diaw,e.,dV Sgr:ng< 104 City U rgtntq Pdeaol, State VAZip 234ES Phone#. Fax#/m), 91 Corporate Name& Registered agent The T.,, Corolla LfilkY Violation Type: Project Type: Authorizations Required: Site Visits Respondent Site Visits Respondent � !Tlo Permit ❑, Private/Community Major � �. CAMA Present Present - a�®- Permit Condition D` Govt./Public ❑ Minor ❑ D&F 7A 1Jq.11L4❑ ❑ Expired Permit. Commercial :❑ General ❑ ❑ ❑ Inconsistent w/ Rules Tier Level: I n III ❑ El Violation Location and Site Description Project Location: County Cr, 0 e;}U A Street Address/ State Road/ Lot #(s) IObto or�,.lY'a;) (Nt-I�i Subdivision Lrolla Lta) - $ City,.: Coro IIQ ZIP 31.1gA-4 Phone # ( _). River Basin Adj. Wtr. Body CuCeAvr.K s6l r+ ,0aa ftan/unkn) Closest Maj. Wtr. Body Uk Lat/Long 3b.364L4Aa"-�S.Rd9oSc° Shoreline Length ±3'+S SAV: Not Sure Yes Sandbags: Not Sure Yes PNA: Yes ( ) Adjacent ORW: Yes Cyd Adjacent Cdl. Hab. Photos /�Ye's C� No Waiver Required Yes In DWO Buffer Area Yes (o Specify DWO Buffer 9 applicable:. Restoration NOV Date CNOV Date Penalty Assessment Sent to Respondent Date _ Rcvd. by Dist. Mgr. Date _ Assessment E nded Yes No Rac>rrv>~A FEB 2 7 2014 Initial Req. Comp. Date Date Comp. Observed App./Permit Fee Penalty WillfuUlntent. Continuing Investigative 4.11 Extension Granted Yes No Restoration Letter Acceptance Date 7J-0409 Ref. Recomm. Assess. DCM Assess. $ s Total $ a _ j,)CM•MjiD CITY Formal Assessments, Appeals and Reductions Date Long Form Submitted Assessment Appealed: Yes No Date Formal CPA Submitted ` .E] 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: Wetlands Impacted? Yes No If yes, which types: CW <J�b PT ES PTS _ OEA HHF IH USA NIA SA DS CJ SY JR LS TY .PWS: FC: SS SC SP IF BF 404 Other: Restoration Required by the Respondent Yes JINNo Dimensions in excess of permit/ unauthorized activities Dimensions to restore -Final dimensions allowed Actually restored Deve(ouymentActtvltt�sKa S+ }7� ^' u,s�;z�, _'; .7; FIT w,"7, E �. *a ' �r K4.aan�777 . `n" ; , .- . 1... } -. ^;, 77 NOTES: _ Closing Payment Received $ Date Date Case Closed - File Name Shooting Mode Tv (Shutter Speed) Av (Aperture Value) Exposure Compensation ISO Speed Focal Length White Balance File Name Shooting Mode Tv (Shutter Speed) Av (Aperture Value) Exposure Compensation ISO Speed Focal Length White Balance File Name Shooting Mode Tv (Shutter Speed) Av (Aperture Value) Exposure Compensation ISO Speed Focal Length White Balance File Name Shooting Mode Tv (Shutter Speed) Av (Aperture Value) Exposure Compensation ISO Speed Focal Length White Balance Site Visit 12-20-2013 003.jpg Auto 1 /640 4.5 0 80(Auto) 15.$ mm Auto Site Visit 12-20-2013 009.jpg Auto 1/250 7.1 0 80(Auto) 5.8 mm Auto Site Visit 12-20-2013 010.jpg Auto : 11160 :7.1 80(Auto) 5.8 mm Auto RECEIVED F 1-0 €B 2 7 1mg Site 011.jp9 : Auto : 1/160 7.1 :0 80(Auto) 5.8 mm Auto File,Name '. Shooting Mode Tv (Shutter Speed) Av (Aperture Value) Exposure Compensation ISO Speed Focal Length White Balance File Name Shooting Mode Tv (Shutter Speed) Av (Aperture Value) Exposure Compensation ISO Speed Focal Length White Balance File Name Shooting Mode TV (Shutter Speed) Av (Aperture Value) Exposure Compensation ISO Speed Focal Length White Balance File Name Shooting Mode Tv (Shutter Speed) Av (Aperture Value) Exposure Compensation ISO Speed Focal Length White Balance Site Visit 12-20-2013 012.jpg Auto 11640 2.6 0 80(Auto) 5.8 mm Auto Site Visit 12-20-2013 013.jpg Auto : 11125 7.1 :0 :80(Auto) 6.8 mm Auto Site Visit 12-20-2013 014.jpg Auto : 1 r200 7.1 :0 80(Auto) 5.8 mm Auto Site visit 2-14-2014 001.jpg Auto : 1 /200 7.1 :0 80(Auto) 5.8 mm Auto c4ia 01�1 NCDENR North Carolina Department of Environment and Natural Resources Division of Coastal Management Pat McCrory Braxton C. Davis John E. Skvarla, III Governor Director Secretary March 4, 2014 CERTIFIED MAIL #7012 0470 0002 0007 7184 UCEM RETURN RECEIPT REQUESTED Page Johnson II MAR 0 6 2014 1300 Diamond Springs Rd, Suite 204 Virginia Beach, VA 23455 LIC51,=Cffy RE. CAMAVIOLATION#14.05A Dear Mr. Johnson: This letter is in reference to the Notice of Violation dated February 24, 2014 that Ron Renaldi, representative for the Division of Coastal Management, issued to you for the construction of a platform on an existing pier at 1066 Ocean Trail (NC-12) adjacent to the Cumtuck Sound located in or near Corolla, Currituck County. The violation involved Estuarine Waters and the Public Trust Area, 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 and/or to compensate the public for any damage to its natural resources. Under the rules of the Coastal Resources Commission, a proposed civil penalty in the amount of J22LQ0 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 orderfor $227.00 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. 1367 US 17 South, Elizabeth City, NC 27909 Phone: 252-264-39011 FAX: 252-264-3723 ; Internet: www.n=astaimanagement.net An Equal Opportunity 1 Affirmative Action Employer Page Johnson II March 4, 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 Jennings District Manager Division of Coastal Management Enclosure cc: Roy Brownlow, Compliance Coordinator, DCM Ron Renaldi, Coastal Management Representative, DCM CAMA VIOLATION #14-05A R@CEmW Page Johnson II MAR 0 6 2014 N AGREEMENT TO PAY PROPOSED CIVIL ASSESSMENT pcm-mph, 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 $227.00 against me for violation of the Coastal Area Management Act, NCGS 113A-100 et seg, committed on or near property located at 1066 Ocean Trail in Currituck County, North Carolina. In order to resolve this matter with no further action or expense on my part, I accept responsibility for the violation as described in the Notice of Violation letter dated February 24, 2014, and agree to pay the proposed civil assessment of $227.00. DATE SIGNATURE ADDRESS TELEPHONE NUMBER DCM ENFORCEMENT TRACKING REPORT Issuer. Rep. �n �cr+gl[)t ®' Rep Violation Description d114/Iu Initial Discovery Date IZ Discovery Method { Violation Description A 44q 4}l_4tk}}��„�A u u.�. c„ 8 ■ MAR 0 6 2014 Violation Case No. j 4' O S & DINM[mmy Permit No. h4j,,1 Pc".+ It 110 - Id (if applicable) Was activity permittable. Yes No Address j3o0 Diamond spr:n4t ko6c) 5,.lk 104 City ,V,rcjin,q &Act, State UAr Zipa34SS Phone # 59� �6� 46� I er}. aa9 j�7S}13�5 IS6 a Fax #/Email (-JEJ) �63-9a 6). Corporate Name & Registered agent 'T c. 11 Ca) Corolla L140 Violation Type: Project Type: Authorizations Required: Site Visits Respondent Site Visits Respondent No Permit ❑ Private/Community 1 ] Major EJ CAMA Present Present ` i® Permit Condition ❑ Govt./Public ❑ Minor ❑ D&F�IINZIL`l❑ ❑ ❑ Expired Permit Commercial ❑ General ❑ ❑ ❑ Inconsistent w/ Rules Tier Level: I II III ❑ ❑ Violation Location and Site Description Project Location: County Street Address/ State Road/ Lot #(a) IOb(o ors.. 'f r4;) iNc- lal Subdivision Clrnlla L,*- $ City Corot ja ZIP a7l qa-4 Lat/Long 36.3644D20 —7S,9)A90SC0 Shoreline Length ±3-+5' SAV: Not Sure Yes JJ Sandbags: Not Sure Yes' PNA: Yes ('j Adjacent ORW: Yes &� Adjacent Crit. Hab. Yes (.yl Phone # ( _) River Basin Pc�a„nd-an r Photos v�ry e Adj. Wtr. Body vr.v'- .A k s6l+ n Oman /unkn)� Waiver Required Yes ,r!No�•� U Closest Maj. Wtr. Body C„rr. ) tka �r` In DWQ Buffer Area Yes No Specify DWQ Buffer if applicable: Restoration Extension Granted Yes No NOV Date Initial Req. Comp. Date CNOV Date Date Comp. Observed Penalty Assessment Sent to Respondent Date App./Permit Fee Rcvd. by Dist. Mgr. Date Penalty Assessment Extended Yes No WiIlfuVlntent. Continuing Restoration Letter Acceptance Date 7J.0409 Ref. Recomm. Assess. DCM Assess. __.._.. $_ I Vic. coo $_.._......--- ia(A) $ l00 $ Is Total $ a _ Formal Assessments, Appeals and Redu Date Long Form Submitted Date: Formal CPA,Submitted Final Assessment.$ - Date Attorney General's Office for Injunction or Formal Collection Assessment Appealed: Yes No ,E, Penaltymodified Date sent to AG - Respondent not responsive to penally/NOV ❑ 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 � 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 of permit/ unauthorized activities i - Dimensions to restore - Final dimensions allowed , Actually restored '2P Rm j{{ Aws . g NOTES: `Closing Payment Received $ Date Date Case Closed