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Home My WebLink About17-23A Hodges.,A Coastal Management ENVIRONMENTAL OUALITV October 5, 2017 CORRECTED COPY Mr. H. B. Hodges, Jr. Southwood Management, Inc. 5031 Pitzer Road Roanoke,VA 24014 ROY COOPER Gavemar MICHAEL S. REGAN Secmlary BRAXTON C. DAVIS Dlmctor RE: Payment of Proposed Penaltyfor Violations of the Coastal Area Management Act, Dare County, LAMA Violation #17-23A Dear Mr. Hodges: This letter will acknowledge receipt of check #13537, in the amount of $532.00, and dated 09/23/17. Once the amount of the check is credited to the Department of Environmental Quality's 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 Jefi:gsDis%trict Manager Northeastern District Division of Coastal Management FJ/eg cc: Roy Brownlow, Compliance Coordinator, DCM, Morehead City Yvonne Carver, Coastal Management Representative, DCM Donna Creef, Planning Director, Dare County, Manteo Jonathan Layden, Layden Marine, Inc., Elizabeth City RECEIVED OCT 13 2017 DCM- hAHD CITY '! Nothing Compares Sate of Noah Carolina I Fnvi ntal Quality I Coastal Maoegemeut 401 S. Griffin St., Ste 3001 ERzabeth City, NC 27909 252-264-39011252-331-2951[fox] nC1Y Coastal Management ENVIRONMENTAL OUALITY NOTICE OF VIOLATION September 20, 2017 CERTIFIED MAIL 7015 1520 0003 5515 4516 RETURN RECEIPT REQUESTED Mr. H. B. Hodges, Jr. Southwood Management, Inc. 5031 Pitzer Road Roanoke, VA 24014 ROY COOPER MICHAEL S. REGAN Fecrelwr BRAXTON C. DAVIS 1 )""(or RE: NOTICE OF VIOLATION AND REQUEST TO CEASE UNAUTHORIZED DEVELOPMENT, CAMA VIOLATION #17-23A Dear Mr. Hodges: This letter confirms that on 8/31/2017, 1 was adjacent your property located at 104 King Edward Court, which is located next to the Albemarle Sound and is in the Colington Harbour Subdivision in Kill Devil Hills, Dare County, North Carolina (NC). The purpose of the visit was to conduct compliance of a permit issued to an adjacent property owner. This correspondence also serves to confirm that an additional site visit was made at 104 and 102 King Edward Court by me on 09/13/2017. Information gathered by me for the Division of Coastal Management indicates that you have undertaken major development in violation of the Coastal Area Management Act (CAMA). No person may undertake major development in a designated Area of Environmental Concern (AEC) without first obtaining a permit from the NC Department of Environmental Quality. This requirement is imposed by NC General Statute (N.C.G.S.) 113A-118. I have information that indicates you have undertaken or are legally responsible for the installation of a concrete, land -based dock on 104 and 102 King Edward Court in Kill Devil Hills. This activity took place in the Estuarine Shoreline and Public Trust Shoreline that are contiguous with the Albemarle Sound. Estuarine Shoreline and Public Trust Shoreline areas are designated as Areas of Environmental Concern (AECs). No CAMA permit was issued to you for work in these areas. Based on these findings, I am initiating an enforcement action by issuing this Notice of Violation for violation of the Coastal Area Management. RECEIVED SEP 2 5 2017 State of North Carolina I Environmental Quality I Coastal Management 401 S. Griffin Sc, Suite 3001 Elizabeth City, NC 27909 252-264-39011252-331-2951 [fax[ Mr. H. B. Hodges, Jr. Southwood Management, Inc. September 20, 2017 Page 2 I request that you immediately CEASE AND DESIST any further development and contact me about this matter. 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 sought to enforce any violation in accordance with N.C.G.S. 113A-126. 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 the violation and/or to compensate the public for any damage to its natural resources. The amount assessed will depend upon 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. 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 my submission of an enforcement report to the District Manager, you will be notified as to the amount of a civil assessment for undertaking development without first obtaining the proper permit(s). Sincerely, Yvonne B. Carver Field Representative Cc: Frank A. Jennings, III, District Manager, DCM, Elizabeth City Roy Brownlow, Compliance Coordinator, DCM, Morehead City Donna Creef, Planning Director, Dare County, Manteo Jonathan Layden, Layden Marine, Inc., Elizabeth City ` 11ED i, 6 ZO17 , j- CITE' Coastal Management ENVIRONMENTAL QUALITY September 20, 2017 CERTIFIED MAIL 7015 1520 0003 5515 4516 RETURN RECEIPT REQUESTED Mr. H. B. Hodges, Jr. Southwood Management, Inc. 5031 Pitzer Road Roanoke, VA 24014 RE: CAMA VIOLATION #17-23A Dear Mr. Hodges: ROY COOPER MICHAEL REGAN N"mrary BRAXTON DAVIS On 0", This letter is in reference to the Notice of Violation dated September 20, 2017 that Yvonne Carver, representative for the Division of Coastal Management, issued to you for the installation of a concrete, land -based dock at 104 and 102 King Edward Court in Kill Devil Hills. The violation involved the Estuarine Shoreline and Public Trust Shoreline, 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 $532 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 $532 made payable to the North Carolina Department of Environmental Quality (NCDEQ); 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 enallty request settlement of the penalty. R_UEI'" Eb SEP 2 5 2017 State of NorthCarolina I Environmental Quality A �I Coastal Management r, m - M rHn r�ITY 401 S. Griffin St., Suite 300 1 Elizabeth City, NC 27909 252-264-39011252-331-2951 Ifax) Mr. H. B. Hodges, Jr. Southwood Management, Inc. September 20, 2017 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 Jennin s District Manager, Northeastern District NC Division of Coastal Management FJ/yc Enclosures cc: Roy Brownlow, Compliance Coordinator, DCM, Morehead City Yvonne Carver, Coastal Management Representative, DCM, Morehead City Donna Creef, Planning Director, Dare County, Manteo Jonathan Layden, Layden Marine, Inc., Elizabeth City RECEIVED, SEP 2 5 2017 DCM- MHD CITY CAMA VIOLATION #17.23A Southwood Management, Inc. AGREEMENT TO PAY PROPOSED CIVIL ASSESSMENT I understand that the staff of the Department of Environmental Quality will propose the assessment of a civil penalty in the amount of $532 against me for violation of the Coastal Area Management Act, NCGS 113A- 100 et sec, committed on or near property located at 104 and 102 King Edward Court in Kill Devil Hills, Dare 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 September 20, 2017, and agree to pay the proposed civil assessment of $532. DATE SIGNATURE ADDRESS TELEPHONE NUMBER RECEAVE® SEP 2 5 2017 ®CA4n A411D CITY DCM ENFORCEMENT TRACKING REPORT Issuer A. Field Rep. / O I n ¢- c o`c v � p Violation Case No. ` / LPO Violated Permit No. LPJ (ifapprcaue) Violation Description Was activity perm{ittttable? Yes / No Initial Discovery Date �/ 3 (� I Discovery Method an a 1 11 a-d "�� t I�`� Yfg olationDescripGon ,Z S.F-ovlla-F-i� 4, cap.</^�. a.. %4�.�.-..bo..Sacir...�g.. .... Respondent Information 'n Prior CAMA or D/F Violations: Yes / No RespondentName(s) / s��^' Iaa4 11A ,^,'ice\s,�c'�-t =nc, (Landowner/Agent/Contractor) Address Sg 3 1 q' r `('"2eS' �(,. f{t SC• 1-.,. City state. ✓v4 Zip, Phone # . 5- 'j o - 3 7 3 -- (z Fax # Violation Type: 5,No Permit EJ Permit Condition ❑. Expired Permit [], Inconsistent w/ Rules Project Type: 0y y Private/Communit u Govt./Public Q. Commercial Tier Level: I �I Violation Location and Site Description n Authorizations Required: f Major CAMA Minor ❑ D&F 1 General Project Location: County 0 c—. Street Address/ State Road/ Lot #(a) Subdivision Site Visits Respondent Present a 3 t r El Site Visits Respondent Present 0 Lat/Long 3,-oab'l3, 4>.S°pJf` ?s.ay33y,gW Shoreline Length �] 5 SAV: Not Sure Yes No Sandbags: Not Sure Yes No' RNA: Yes No Adjacent ORW: Yea d` Adjacent City.u/0 ZIP 2i`/bCrit. Heb. Yea N. o Phone # ( _): - River Basin /00 ... e a.(. Jr— Photos Yes No Adj. Wtr. Body Alb a . a. 1i ,S n ' L (n f /man /unkn) Waiver Required es No �— In DWQ Buffer Area Yea No Closest Maj. Wtr. Body /-f �� L c'i S .t d - Specify DWQ Buffer if applicable: Restoration Extension Granted Yes No NOV Date �`� �7 Initial Req. Comp. Date �'i i Restoration Letter CNOV Date Penalty Assessment Sent to Respondent Date _ Rcvd. by Dist. Mgr. Date Assessment Extended -- Yes 6o SFP 2 5 2017 Date Comp. Observed Acceptance Date App./Permit Fee Penalty WillfuUlntent. 7J.0409 Ref. Recomm. Assess. DCM Assess. $. Total Formal Assessments, Appeals and Reductions Date Long Form Submitted- Assessment Appealed: Yes No Date Formal CPA Submitted Final Assessment $ .Date F1. Penalty modified Attorney General's Office for Injunction or Formal Collection Date sent to AG Respondent not responsive to penalty/NOV 11 Injunction to complete restoration Date Collection Let. Sent Date Demand Let. Sent Violation Activities and Impacts AECs Affected: Wetlands Impacted? Yes / No If yes, which types: CW EW PTA ES TS OEA HHF IH UBA k SA DS CJ SY JR LS TY PWS: FC: sS SC SP IF BF 404 Other: Restoration Required by the Respondent Yes No NOTES: - . r�g� �S` c ....< . 41 C>,n d / 75 Closing Payment Received $ Date Date Case Closed Coastal Management ENVIRONMENTAL 0OALITV September 27, 2017 Mr. H. B. Hodges, Jr. Southwood Management, Inc. 5031 Pitzer Road Roanoke,VA 24014 ROY COOPER Oowrnor MICHAEL S. REGAN tieerelary BRAXTON C. DAVIS Direclor RECEIVED OCT 0 2 2017 DCM- MHD 7 Y RE: Payment of Proposed Penaltyfor Violations of the Coastal Area Management Act, Currituck County, CAMA Violation #17-23A Dear Mr. Hodges: This letter will acknowledge receipt of check #13537, in the amount of $532.00, and dated 09/23/17. Once the amount of the check is credited to the Department of Environmental Quality's 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, FrankJenning" s, District Manager Northeastern District Division of Coastal Management FJ/eg cc: Roy Brownlow, Compliance Coordinator, DCM, Morehead City Yvonne Carver, Coastal Management Representative, DCM Donna Creef, Planning Director, Dare County, Manteo Jonathan Layden, Layden Marine, Inc., Elizabeth City 'Nothing Compares State of North Carolina I Enwonmental Quality I Coastal Management 401 S. Griffin St., Ste 3001 Elizabeth City, NC 27909 252-264-39011252-331-2951 [fax] ENFORCEMENT TRACKING REPORT Field Rep. r an Violation Description Initial Discovery Date U� 13 f t 7 Discovery Method Violation Description Respondent norm on Prior CAMA or D/F Respondent Name(s) Sou- `S sad /Mont. Address S� 3 ( 6'< i2z� Rd. H ii31 Phone #. .Sr 3; 3-- c-BB``. 1�r— Violation Type: Project TYPO: S,No Permit ❑ Private/Community Permit Condition ❑ Govt./Public Expired Permit ❑ Commercial ❑ Inconsistent w/ Rules Tier Level: Issuer w Violation Case No. 17 Rkl [\- u Violated Permit No. ni 7 A o,9nr-. (a epplicede) Was activity permyRttable7T`ee / M Violations. Yes / No L City Fax # Authorizations Required: Major CAMA Minor ❑ D&F -1 General Violation Location and Site Description Project Location: County (D c.-� Street Address/ State Road/ Lot #(a) l n .I- s is '�-- .Z L i5yrZ-Z lei-1 E,Lir..r-d c'-' Subdivision C9 /`• n b - city . 1w pew, ZIP. 27y YrP Phone # ( _): - River Basin �S .,..4"i'..� Adj. Wtr. Body Alba n /man /unkn Closest Maj. Win Body q 14 Restoration NOV Date ZJ / Initial Req. Comp. Date CNOV Date Date Comp. Observed Penalty Assessment Sent to Respondent Date _ Rcvd. by Dist. Mgr. Date Assessment Extended Yes No State ✓A zip... Site Visits Respondent Present a 31 n f3 r L 11 Site Visits Respondent Present caS"pJf' �S'y337,$y LaULong .3�nD`i3, Shoreline Length % .5 SAV: Not Sure Yes No Sandbags: Not Sure Yes No PNA: Yes No Adjacent ORW: Yes (I o Adjacent Crit. Hab. Yes f Photos ism, No Waiver Required cn No In DWQ Buffer Area Yes No C. Specify DWQ Buffer if applicable: i Extension Granted Yes No �� Restoration Letter Acceptance Date App./Permit Fee Penalty Willful/Intent. Continuing 7J.0409 Ref. Recomm. Assess. DCM Assess. $ 2s is 3 .' $ 3-2- Total Formal Assessments, Appeals and Reductions Date Long Form Submitted- AssessmentAppealed: Yes No Date Formal CPA Submitted Penaltymodified Final Assessment.$.,.. ............. ,:Date.. Attorney General's Office for Injunction or Formal Collection Date sent to AG u.E Respondent not responsive to penalty/NOV Injunction to complete restoration Date Collection Let. Sent Date Demand Let. Sent Violation Activities and Impacts AECs Affected: / CW EW PTA ES OPTS ) OEA HHF IH UBA Ntt� PWS: FC: Restoration Required by the Respondent Yes No Wetlands Impacted? Yes / j 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 Develam nt Ail 'ties xx . r w I .. " r r J '4 � NOTES: ...✓��1.2a-F,'�S ^....,.� ..:'S. cs: �_'Ti" C✓+ cl 2 .,. �/3 // 7. `/J`� h l/. � `Closing Payment Received $ Date Date Case Closed ICewed RECEIVE® CAMA VIOLATION #17.23A Southwood Management, Inc. OCT 0 2 2017 D("I(N11-E ' AGREEMENT TO PAY PROPOSED CIVIL ASSESSMENT DCM- MHD CITY I understand that the staff of the Department of Environmental Quality will propose the assessment of a civil penalty in the amount of $532 against me for violation of the Coastal Area Management Act, NCGS 113A- 100 et seg, committed on or near property located at 104 and 102 King Edward Court in Kill Devil Hills, Dare 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 September 20, 2017, and agree to pay the proposed civil assessment of $532. DATE SIGNATURE ADDRESS 115�- 10wa�� TELEPHONE NUMBER