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HomeMy WebLinkAbout17-10A GB Investment GroupI C12 Coastal Management ENVIRONMENTAL OVALITY November 27, 2017 GB Investment Group, LLC ATTN: Brad Griggs P.O. Box 125 Point Harbor, NC 27964 ROY COOPER G"ry Moe MICHAEL S. REGAN Secretory BRAXTON C. DAVIS Director RE; Payment of Proposed Penaltyfor Violations of the Coastal Area Management Act, Currituck County, CAMA Violation #17-1OA Dear Mr. Griggs: This letter will acknowledge receipt of check #1152, in the amount of $6252.00, and dated 11/21/17. Once the amount of the check is credited to the Department of Environmental Quality's account, this matter will be fully and completely closed. If you have any further questions concerning this matter, please contact me at my Elizabeth City office at 252-264-3901. Sincerely, Frank jenningie, District Manager Northeastern District Division of Coastal Management FJ/eg RECEIVED cc: Roy Brownlow, Compliance Coordinator, DCM, Morehead City DEC 0 4 2017 Ron Renaldi, Coastal Management Representative, DCM DCM_ MHD CITY Lynn Mathis, Coastal Management Field Specialist, DCM Raleigh Bland, USACE Anthony Scarbraugh, NCDWR Doug Dorman, Atlantic Environmental Consultants, LLC "Nothing Compares - - Stele of North Carolina I Fnvlronmental Quality I Coastal Management 401 S. Cmffin St., Ste 3001 Elie- th City, NC 27909 252-264-3901 I252-331-2951 [fax] DCM ENFORCEMENT TRACKING REPORT �'"� Issuer I T —1 O A ✓ _ 1 r.Y Violation Case No. Field Rep. YY��-"��'� r✓""' J`-^ LPO Violated Permit N LPJYr L✓ (If applicaue) � '— Violation Description Initial Discovery Date %q 1 �.O 1l' Discovery Method Violation Description or Was activity permacaule r I W , — ona•� t u c _ Respondent Name(s) ^^ �aln�.li-Ylbar StateruL. Zip a$ h4 City Address PG r3 IaS ut ` Fax# iasa) _ 441 l98`! Phone# 'S Ql-}14S0 nxl. Io9 d�dOd-8�S _ W ww, Grr and co. cum Email ra�(' Gr, o,,,Co, cw� Site Visits Respondent Site Visits Respondent Violation Type: Project Type: Authorizations Required: Present Present �j No Permit Private/Community Major � CAMA rn D&F ..—,/ S O! LJ✓ 1.t j} ❑ ❑ Govt./Public Minor l Permit Condition ❑ ,s of ❑ o b ❑ Expired Permit - Commercial ❑ General [, aot ❑ ❑ .❑ ,t 1 11 5i) Inconsistent w/ Rules Tier Level: Violation Location and Site Description Lat/Long 3f, o9} tL" ti - 35.839 }94° w C. o(L Shoreline Length t �, L> Project Location: County .,yv .i.,� otsu Yes No Street Address/State Road/ Lot #(s) Nogdd+c, �-P ! rt�tp'l _ SAV: Sandbags: Not sure Yes 4ol3 P10oo0 O ta�i000t3�r�0000 o"`-'^ !3��T000o Oldrsc� PNA: Yes �Adjacent \ Y}w. U ' 1SS) ORW: � Yes (f Adjacent Sabdi in City pcPo a1\ ' t• — ZIP a �' � C9 b No 6r+t-I lab River Basin PaS v/o�� k # Photos Yes Phone ( _) Waiver Required man /unkn) Adj. Wtr. Body A) VA. wow ! In DWO Buffer Area Yes Closest Maj. Wtr. Body $A Specify DWO Buffer if applicable:-- fAUOLMI c —' I NOV Date 51lo1 Initial Req. Comp. Date It 131ao14 ao!� Date Comp. Observed I01a612.o1 CNOV Date 7J.0409 Ref Penalty Assessment App./Permit Fee Sent to Respondent Date penalty ()o Rcvd. by Dist. Mgr. Date WillfuVlntent. Assessment E���t� 11=Yf� 9 Er)) Continuing DEC 0 4 2017 Extension Granted Yes No Restoration Letter Acceptance Date I Recomm. Assess. DCM Assess. $400.(D0 $ $.5 5C)C>,00 $ 3S A.00 Total is /o Formal Assessments, Appeals and Reductions Date Long Form Submitted Date Formal CPA Submitted Final Assessment $ Date Attorney General's Office for Injunction or Formal Collection Date sent to AG Date Collection Let. Sent Violation Activities and Impacts AECs Affected: FJ� HHF IH UBA N/A PWS: FC: Other: Assessment Appealed: Yes No Penalty modified Respondent not responsive to penalty/NOV Injunction to complete restoration Date Demand Let. Sent Restoration Required by the Respondent Yes / No Pe-.1-- Wetlands Impacted?se YNo If yes, which types: SA DS CJ SY JR L TY SS SC SP IF BF 04 Coa,i l t,wYla.d1 - Pt.dy -9 Alo Dimensions in excess of permit/ unauthorized activities Dimensions to restore Final dimensions allowed Actually restored Development Activities -+ao S +r' Habitat Description; Jr — lip ro,^J 0,0-6— 1 4S xrt" NOTES: N wt"Irk Gr.l. = d 1t�/tx I� fi55 ft' DECRECENE ® 4 9917 nrM- MHD CITY Closing Payment Received $ Date Date Case Closed CAMA VIOLATION #17.10A GB Investment Group, LLC ATTN: Brad Griggs 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 $6,252.00 against me for violation of the Coastal Area Management Act, NCGS 113A-100 at seg, committed on or near properties identified with Parcel ID#'s 0124000139M0000, 0124000137M0000 & 0124000137G0000 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 May 10, 2017, and agree to pay the proposed civil assessment of $6,252.00. z 2 / h7 DATE Received DCM-EC SIGNATI ,� Bax /z 5 ADDRESS 4-)�if �rlXii', iVG Z79�`� 2S2 - ZU2 TELEPHONE NUMBER RECEIVED DEC 0 4 2017 d o D CITY AD CITY r0" Coastal Management ENVIRONMENTAL QUALITY November 6, 2017 ROY COOPER MICHAEL S. REGAN S""'.y BRAXTON DAVIS Ir,r•"o. RECEIVED GB Investment Group, LLC NOV 13 Z017 ATTN: Brad Griggs PO Box 125 Point Harbor, NC 27964 DCM- MHD CITY RE: RESTORATION ACCEPTANCE — CAMA VIOLATION #17-10A Dear Mr. Griggs: This letter is in reference to the Notice of Violation #17-10A sent to you dated May 10, 2017 for unauthorized land disturbing activities greater than one acre, the placement of fill material within USACE jurisdictional 404-wetlands, dredging and filling within the open waters of the Albemarle Sound and dredging a canal/basin that had filled and naturalized to a wetland area. This activity took place in the Estuarine Shoreline, Estuarine Waters and the Public Trust Area that are contiguous with the Albemarle Sound. The violation took place on properties identified with Parcel ID #'s 0124000139M0000, 0124000137M0000 & 0124000137GO000 in or near Powells Point, off Caratoke Highway (US-158), Currituck County, North Carolina. This unauthorized activity constituted development and you were requested to restore USACE jurisdictional 404-wetlands to the satisfaction of the USACE within the CAMA Estuarine Shoreline AEC and that a letter from the USACE stating that restoration had been completed be submitted to our office. In accordance with the North Carolina Administrative Code, Title 15A, Subchapter 7J.0410, any violation involving development which is inconsistent with guidelines for development within Areas of Environmental Concern (AEC) must be corrected by restoring the project site to pre - development conditions to recover lost resources or to prevent further resource damage. I conducted a site visit at the aforementioned property on October 26, 2017 with Doug Dorman and Raleigh Bland of the USACE to inspect the restoration of the unauthorized activity addressed in the Notice of Violation #17-10A. Based on this inspection and an email received on October 27, 2017 from Raleigh Bland, it appears the restoration is accomplished to the satisfaction of this Division. Upon my submission of an enforcement report, you will be notified as to the amount of the civil penalty for undertaking this unauthorized activity within an Area of Environmental concern. State JNorth Carolina I EnvirO mental Quality I Comm M=Wmenl 401 S Griffin Street [ Suite 3001 Elizabeth City, NC 27909 252-264-3901 Thank you for your attention and cooperation in this matter. If you have any questions pertaining to this matter, please feel free to call me at (252) 264-3901. Sincerely, FeMpo 0 "A' MRI Ron Renaldi Field Representative NC Division of Coastal Management Cc: Frank Jennings, District Manager, DCM Roy Brownlow, Compliance Coordinator, DCM Lynn Mathis, Field Specialist, DCM Raleigh Bland, USACE Anthony Scarbraugh, NCDWR Doug Dorman, Atlantic Environmental Consultants, LLC Bob Zarzecki, Soil & Environmental Consultants, PA RECEIVED Nov 19 2017 DCM- MHC CffY` / E Coastal Management ENVIRONMENTAL QUALITY November 9, 2017 CERTIFIED MAIL #70151520 0003 5515 4530 RETURN RECEIPT REQUESTED GB Investment Group, LLC ATTN: Brad Griggs PO Box 125 Point Harbor, NC 27964 RE: CAMA VIOLATION 917-10A Dear Mr. Griggs: ROY COOPER Gooemor MICHAEL REGAN secretory BRAXTON DAVIS Director This letter is in reference to the Notice of Violation dated May 10, 2017 that Ron Renaldi, representative for the Division of Coastal Management, issued to you for unauthorized land disturbing activities greater than one acre, the placement of fill material within USACE jurisdictional 404-wetlands, dredging and filling within the open waters of the Albemarle Sound and dredging a canal/basin that had filled and naturalized to a wetland area. The violation took place on properties identified as Parcel ID#'s 0124000139M0000, 0124000137M0000 & 0124000137GO000 in or near Powells Point, off Caratoke Highway (US-158), Cumtuck County. The violation involved the Estuarine Shoreline, Estuarine Waters and the Public Trust Area, which are Areas of Environmental Concern designated by the Coastal Resources Commission. Based upon the site visit conducted on October 26, 2017 by Ron Renaldi, the restoration requested appears to be complete to the satisfaction of the Division of Coastal Management. 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 $6,252.00 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 $6,252.00 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 �ri11�1bgQ�IVED opportunity to request a hearing on the penalty or request settlement of the penalty. i C E NOV 13 2017 State of North Carolina I EnYova rental Quality I Coastal Management 401 S. Griffin Street I Suite 3001 Elizabeth City, NC 27909 DC M- M H D CITY 252-264-3901 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, Northeastern District NC Division of Coastal Management FAJ/rar Enclosures cc: Roy Brownlow, Compliance Coordinator, DCM Ron Renaldi, Coastal Management Representative, DCM Lynn Mathis, Field Specialist, DCM Raleigh Bland, USACE Anthony Scarbraugh, NCDWR Doug Dorman, Atlantic Environmental Consultants, LLC (RECEIVED NOV 13 2017 DCM- MHD CITI CAMA VIOLATION #17-10A GB Investment Group, LLC ATTN: Brad Griggs 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 $6,252.00 against me for violation of the Coastal Area Management Act, NCGS 113A-100 et sec, committed on or near properties identified with Parcel ID#'s 0124000139M0000, 0124000137M0000 & 0124000137G0000 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 May 10, 2017, and agree to pay the proposed civil assessment of $6,252.00. DATE SIGNATURE ADDRESS TELEPHONE NUMBER 1:1 NOV 13 2017 fDCM- MHD CITY DCM ENFORCEMENT TRACKING REPORT -,-,�> L 1 -1 Issuer ViolationI�- —Liu Case No. ��'�►- Field Rep. LPO LPJ r YY Violation Description Initial Discovery Date S/ Discovery Method of s h- Violation Description or D/F Violated Permit N pf eppsicade) Was activity permacame f r w , � • Respondent Name(s) L n' d $tffiBwL zip a � Ll cityornr I}c/6,r �--- Address Po t3 aS u Fax# ar 441— 9 Phone# n a1 }f4a`u ,2 toy `a d�dOa-g�s w ww.Gl'�9. ^�W• Email Violation Type: No permitmit Condition Expired Permit - inconsistent w/ Rules Project Type: ($� PrivatelCommunity f�❑' Govt./Public Commercial Tier Level: 1 II Violation Location and Site Description Authorizations Required: Major CAMA Minor D&F ❑ General Project Location: County C.cK Street Address/ State Road/ Lot #(a) No a, dd. \ r P 1 Tn11 'Y — 0la4000139 0000 o ldrt000111mor7o0 0AU-0 oill—"QOOo Subdia9brr Ww, s s City Po 111. P F zip al4COe Phone # ( _) River Basin Pa., V- - man /unkn) Adj. Wtr. Body A))2&ti wr Closest Maj. Wtr. Body $A Nov Date Silo_ laot} CNOV Date Penalty Assessment Sent to Respondent Date Rcvd. by Dist. Mgr. Date Assessment Extended Yes No RECEIVED NOV 13 2017 n. Site Visits Respondent Present S t ❑ Site Visits Respondent Present Y -1 1 } ❑ o � Lal/Long Bf. oa�3t6't� - 45.839 �}R4' w Shoreline Length f. a 0 SAV: of Su Yes No Sandbags: Not sure Yes PNA: Yes <:!JB> Adjacent ORW: Yes�es,, Adjacent Photos No Waiver Required Yes In DWO Buffer Area YBs dip Specify DW D Buffer if applicable: Initial Req. Comp. Date Date Comp. Observed Iyjat�' App./Permit Fee Continuing r 710409 Ref. Total Extension Granted Yes CN9 Restoration Letter Acceptance Date I I a 0 )} Recomm. Assess. DCM Assess. $400.00 $ $ 5 SOO.00 $ $3SA.00 $ A Formal Assessments, Appeals and Reductions Date Long Form Submitted Date Formal CPA Submitted Final Assessment Attorney General's Office for Injunction or Formal Collection Assessment Appealed: Yes No Penalty modified Date sent to AG ❑ Respondant not responsive to penalty/NOV ❑ Injunction to complete restoration Date Collection Let. Sent Date Demand Let. Sent Violation Activities and Impacts AECs Affected: � � FA HHF IH UBA N/A PNS: FC: Other: Restoration Required by the Respondent Yes / No Pe.2• �� Wetlands Impacted?'Y�eNo If yes, which types: SA DS CJ SY JR TY SS SC SIP IF IF BF 04 Dimensions in excess of permit/ unauthorized activities Dimensions to restore Final dimensions allowed Actually restored Development Activities 13as... } ao 4tY 10 s fr' 4ua Fd\ a to 7� ai O rti LJOLI Habitat Description 5 IIIflor N. +t 1-1.JJ lc uqS yr> NOTES: Closing Payment Received $ Date Date Case Closed , Coastal Management ENVIRONMENTAL OUALITV NOTICE OF VIOLATION May 10, 2017 CERTIFIED MAIL #70151520 0003 5515 4295 RETURN RECEIPT REQUESTED ROY COOPER Oavemm MICHAEL S. REGAN Secwaty BRAXTON C. DAVIS Uimcsar RECEIVED GB Investment Group, LLC MAY 15 2017 ATTN: Brad Griggs PO Box125 DCM- MHD CITY Point Harbor, NC 27964 RE: NOTICE OF VIOLATION AND REQUEST TO CEASE UNAUTHORIZED DEVELOPMENT CAMA VIOLATION #17-10A Dear Mr. Griggs: This letter confirms that on May 9, 2017, a multi -agency meeting was held between you, your consultants Doug Dorman, Bob Zarzecki and Ken Elliott and representatives from the US Army Corp. of Engineers, NC Division of Water Resources, NC Division of Land Quality and the NC Division of Coastal Management onsite properties that you manage on behalf of GB Investment Group, LLC. These properties are identified with Parcel ID Vs 0124000139M0000, 0124000137M0000 & 0124000137GO000 and are located adjacent to the Albemarle Sound in or near Powells Point, off Caratoke Highway (US-158), Currituck County, North Carolina. The purpose of the visit was to investigate reports of unauthorized development and the placement of fill material within wetland areas adjacent to the Albemarle Sound. This letter also confirms follow up email sent and received on May 10, 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 North Carolina Department of Environment and Natural Resources. This requirement is imposed by North Carolina General Statute (N.C.G.S.) 113A-1 18. I have information that indicates you have undertaken or are legally responsible for unauthorized land disturbing activities greater than one acre, the filling of USACE jurisdictional 404-wetlands and Coastal Wetlands (TBD), dredging within the open waters of the Albemarle Sound and dredging a canal/basin that had filled and naturalized to a wetland area on the aforementioned properties. This activity took place in the Estuarine Shoreline, Estuarine Waters, Coastal Wetland and the Public Trust Area that is contiguous with the Albemarle Sound. The Estuarine Shoreline, Estuarine Waters, Coastal Wetland and the Public Trust Area are designated as Areas of Environmental Concern (AEC). 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 Act. 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 State of North Carolina I Environmental Quality I Coastal Management 401 S. Griffin St., Ste 3001 Elizabeth City, NC 27909 252-264-3901 1 252-331-2951 [fax] GB Investment Group, LLC ATTN: Brad Griggs May 10, 2017 Page 2 of 2 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 (CRC) 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 is based on several factors, including the nature and area of the resources that were affected and the extent of the damage to them. You are also in violation of the State's Dredge and Fill Law which requires a permit from the North Carolina Department of Environmental Quality before undertaking any excavating or filling in any estuarine waters, tidelands, marshlands, or state-owned lakes pursuant to N.C.G.S. 113-229. Therefore, I also request that you immediately CEASE AND DESIST such unauthorized activity. Violations of the State's Dredge and Fill Act may be enforced by a criminal penalty or a civil action for damages or an injunction in accordance with N.C.G.S.113-229. 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. Pending further review of this matter, a determination will be made and you will be notified if restoration of the impacted coastal resources is necessary. You will be notified as to the amount of the civil assessment for undertaking development without first obtaining the proper permit(s) and/or development that is inconsistent with Coastal Resources Commission rules. Thank you for your time and cooperation in resolving this important matter. If you have any questions, please call me at (252) 264-3901. Field Representative INC Division of Coastal Management Cc: Frank Jennings, District Manager, DCM Roy Brownlow, Compliance Coordinator, DCM Lynn Mathis, Field Specialist, DCM Krysta Stygar, USACE Raleigh Bland, USACE Anthony Scarbraugh, NCDWR Doug Dorman, Atlantic Environmental Consultants, LLC Bob Zarzecki, Soil & Environmental Consultants, PA r RECEIVED DCM ENFORCEMENT TRACKING REPORT MAY 15 2017 �� •"� c 1 Issuer Field Rep. )G�.,•Y Violation Case No. -I TY LPO \\ Violated Permit No. LPJ C yr 7'v (if appliuwa) Violation Description Was activity permittable? Yes / No Initial Discovery Date 5-/9 1 ;j,O I-- Discovery Method pn ,}s_ Violation Description rw Y rig c1 1ra drxi 4bN, gl11,/ �h<n I nciCi FIlrvru rl 4u44ahl��d�a _ . •, or D/F RespondentName(s) -•• . Address PO t3vr IdS LL city ?oinrState ruL- zip d}gliL-I Phone #Q!T&)441-94su piii 1014 d�dOdUB�S Fax# cas) LW91--6U9 Email rad& GYr4eCand Co, Lu-n _ www Gy'r5314nd C0 Crn•+r� Violation Type: Project Type: Authorizations Required: Slte Visits Respondent Site Visits Respondent �p'� Present Present No Permit Private/Community Major 4n CAMA f9�d01-+ B, Ll ovt./Public Permit Condition GMinor tZI D&F ❑❑ Expired Permit - �. Commercial General ❑ ❑ Inconsistent wl Rules Tier Level: I II Violation Location and Site Description Lat/Long 51., QnIL.-w Project Location: County C.,rr.i-.+ r .- Street Address/ State Road/ Lot #(s) Nu a��+c.�1- P.a• rfW- 01J4Go0139M00000OI:N0oo134h0000,011uoo21n 0000 &ubdivl6iOrr_, - , ioY.� W± .I iUS-1S8� city Po any Pa,un, 1• zip a'4U (, (e Phone # ( _) ,t River Basin Q&3q u oyy�-r.•n k Adj. Wtr. Body 5o re Qt irnan/unkn) - 35. S39 39M' w Shoreline Length t a }io0 SAV: of Su Yes No Sandbags: Not Sure Yes ( & pNA: Yes Cjq�> Adjacent ORW: Yes (ft Adjacent v . ��-- CdEi'Rh Photos ed' No Waiver Required Yes In DWQ Buffer Area Yes Closest Maj. Wtr. Body 5AMY - Specify DWQ Buffer if applicable: Restoration Extension Granted Yes No NOV Date 5601J\013: CNOV Date Penalty Assessment Sent to Respondent Date Rcvd. by Dist. Mgr. Date Initial Req. Comp. Date Date Comp. Observed App./Permlt Fee Penalty Willful/Intent. Assessment Extended Yes No Continuing Restoration Letter Acceptance Date 7J.0409 Ref. Recomm. Assess. DCM Assess. $ $ Total r Formal Assessments, Appeals and Reductions Date Long Form Submitted Date Formal CPA Submitted Final Assessment Assessment Appealed: Yes No ❑ Penalty modified Attorney General's Office for Injunction or Formal Collection Date sent to AD ❑ Respondant not responsive to penalty/NOV ❑ Injunction to complete restoration Date Collection Let, Sent Date Demand Let. Sent Violation Activities and Impacts AECs Affected: Wetlands Impacted ' e ,FNo If yes, which types: EA � ��� HHF IH UBA N/A SA DS CJ SY JR L TY 0 PWS: FC: sS SC SP IF BF � Other: C oetic\ w.11...21 - Pc.d• �y Restoration Required by the Respondent Yes / No Pc.,2• J Dimensions in excess Dimensions to restore Final dimensions of permit/ unauthorized activities allowed Actually restored Development Activities ' Habitat Description `OIIIO1t1 NOTES: 11A �I/�/f�-TIl ►/�[9►L�lr71.riL'L'►lt i�w,.��.i. Closing Payment Received $ Date Date Case Closed w Coastal Management ENVIRONMENTAL QUALITY NOTICE OF VIOLATION October 3, 2017 CERTIFIED MAIL #70151520 0003 5515 4523 RETURN RECEIPT REQUESTED GB Investment Group, LLC ATTN: Brad Griggs PO Box 125 Point Harbor, NC 27W RE: NOTICE OF VIOLATION AND REQUEST FOR RESTORATION CAMA VIOLATION #17-10A Dear Mr. Griggs: ROY COOPER Governm' MICHAEL S. REGAN .Seerernry BRAXTON DAVIS Direrror This letter is in reference to the Notice of Violation #17-10A sent to you dated May 10, 2017 for unauthorized land disturbing activities greater than one acre, the placement of fill material within USACE jurisdictional 404-wetlands, dredging within the open waters of the Albemarle Sound and dredging a canal/basin that had filled and naturalized to a wetland area. This activity took place in the Estuarine Shoreline, Estuarine Waters, Coastal Wetland and the Public Trust Area that is contiguous with the Albemarle Sound. The violation took place on properties identified with Parcel ID #Is 0124000139M0000, 0124000137MG000 & 0124000137GO000 in or near Powells Point, off Caratoke Highway (US-158), Currituck County, North Carolina. This unauthorized activity constituted development and due to the scope & magnitude of the violation, more information was required before a restoration plan could be formulated. In accordance with the North Carolina Administrative Code, Title 15A, Subchapter 7J.0410, any violation involving development which is inconsistent with guidelines for development within Areas of Environmental Concern (AEC) must be corrected by restoring the project site to pre -development conditions to recover lost resources or to prevent further resource damage. 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 North Carolina Department of Environmental Quality. This requirement is imposed by North Carolina General Statute (N.C.G.S.) 11 3A-1 18. Through subsequent site visits conducted on May 16, 2017, June 8 ,2017 and August 21, 2017 with Doug Dorman (agent & consultant), as well as reviewing 2017 aerial photography, it was determined that you have undertaken or are legally responsible for the placement of t3,550 ft2 of fill material within the open waters of the Albemarle Sound, the dredging of a t7,205 ft2 basin within 404-wetlands the lacem fill material within t210 ft2 of 404-wetlands, disturbance/grading ft2 within 4CF_ _ 5 ft2 of non -wetland disturbance/grading aforementioned property, OCT 0 5 2017 State of North Caroline I Envirtatz"aal Quality I Coastal NlAuagement ®C 6MS ^ 9M0 H I..D CITY 1367 US Hwy 17 South I Elizabeth City, NC 27909 252-2643901 GB Investment Group, LLC ATTN: Brad Griggs October 3, 2017 Page 2 of 3 These activities took place in the Estuarine Shoreline, Estuarine Waters and the Public Trust Area that are contiguous with the Albemarle Sound. The Estuarine Shoreline, Estuarine Waters and the Public Trust Area are designated as Areas of Environmental Concern (AEC). No CAMA permit was issued to you for work in these areas. Based upon the North Carolina Administrative Code, Title 15A, Subchapter 07H. State Guidelines for Areas of Environmental Concern, the activity you have undertaken, the placement of fill material within the open waters of the Albemarle Sound, the dredging of a basin within 404-wetlands, the placement of fill material within 404-wetlands, grading within 404-wetlands and grading non -wetland areas, are not consistent with Section 15A NCAC 07J.0201 which states that every person or entity wishing to undertake any development in an AEC shall obtain a permit from the Department. Based on my site visits, the fill material placed within the open waters of the Albemarle Sound has washed away and the vegetative root mat system is exposed and recovering. On September 5, 2017, our office received a wetland restoration plan detailing the USACE 404-wetland impacts and areas to be restored. This plan was found to be accepted by the USACE via an email received on September 13, 2017. Therefore, I am requesting that restoration of 404-wetlands be completed to the satisfaction of the USACE within the CAMA Estuarine Shoreline AEC and that a letter from the USACE stating that restoration is complete be submitted to our office. The enclosed Restoration Plan describes the action necessary to bring this project into compliance with the Act. 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. 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 undertaking development without first obtaining the proper permit(s) and/or development that is inconsistent with Coastal Resources Commission rules. Sincere) R�� Ron Renaldi Field Representative NC Division of Coastal Management Cc: Frank Jennings, District Manager, DCM Roy Brownlow, Compliance Coordinator, DCM Lynn Mathis, Field Specialist, DCM Krysta Stygar, USACE Raleigh Bland, USACE Anthony Scarbraugh, NCDWR Doug Dorman, Atlantic Environmental Consultants, LLC Bob Zarzecki, Soil & Environmental Consultants, PA W REC�I�ED OCT 0 5 Z017 ®CW Wo tulT`( ENCLOSURE RESTORATION PLAN For GB Investment Group, LLC ATTN: Brad Griggs CAMA Violation # 17-10A Properties identified as Parcel ID #'s 0124000139M0000, 0124000137M0000 & 0124000137G0000 located adjacent to the Albemarle Sound in or near Powells Point, off Caratoke Highway (US-158), Currituck County, North Carolina. 1. Submit documentation to our office from the U.S. Army Corps of Engineers (USACE) stating that restoration within the CAMA Estuarine Shoreline AEC has been completed to their satisfaction. RECEIVED OCT 0 5 2017 DCM- MAID CITY I, Brad Griggs, representative of GB Investment Group, LLC, agree to provide the requested materials from the USACE and complete any restoration that they require. I agree to complete this restoration to the satisfaction of the Division of Coastal Management (DCM) by November 3, 2017, 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: DATE: it is the policy of the Coastal Resources Commission to assess a civil penalty plus investigative costs against all violations. 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. If restoration is not undertaken or satisfactorily completed, a substantially higher civil assessment will be levied and an injunction sought to require restoration. �4pp 41 q-i 6A- DEPARTMENT OF THE ARMY WILMINGTON DISTRICT, CORPS OF ENGINEERS 69 DARLINGTON AVENUE WILMINGTON, NORTH CAROLINA 28403-1343 May 25, 2017 Regulatory Division Action ED: SAW 2017-01112 GB Investment Group, LLC c/o Brad Griggs Post Office Box 125 Point Harbor, North Carolina 27964 Dear Mr. Griggs: This correspondence confirms the May 9, 2017, onsite meeting with Messrs. Raleigh Bland and Josh Pelletier of my staff, your consultants Doug Dorman, Bob Zarzecki and Ken Elliott, and representatives from the NC Division of Coastal Management, NC Division of Water Resources, and the NC Division of Land Quality, on property you manage on behalf of GB Investment Group, LLC., located off the Caratoke Highway (US-158) and Lucinda Lane, adjacent to the Albemarle Sound, in or near Powells Point, in Currituck County, North Carolina. This correspondence also confines the May 24, 2017, onsite meeting between Messrs. Bland, Pelletier, and Dorman, and your subsequent telephone conversation with Mr. Bland. The purpose of these meetings and telephone conversations was to address the unauthorized mechanized land disturbing and filling activities you have undertaken within jurisdictional waters and wetlands on the subject property and the ongoing efforts undertaken by your consultants to identify potentially impacted resources subject to our Regulatory authority. My staff s inspections revealed that you are responsible for the mechanized land disturbing and filling activities within approximately 871,200 square feet (20-acres) of high quality wetlands and navigable waters subject to our regulatory jurisdiction located immediately adjacent to the Albemarle Sound. These activities, undertaken in navigable waters and waters of the United States without the prior approval from this office in the form of a Department of the Army (DA) permit, constitute violations of Section 301 of the Clean Water Act (33 USC 1311) and Section 10 of the Rivers and Harbors Act of 1899 (33 USC 403). By copy of this letter, you should cease and desist from any further unauthorized work within navigable waters and waters of the United States, including wetlands. In addition, upon the final review and confirmation of the delineation of the wetlands _ v E including but not limited to the impacted areas, to be prepared by your consultant, MAY 3 0 2017 DCP 0 1 perform all necessary restoration work, including the removal of all unauthorized fill material and the re-establishment of pre -project elevations and contours within the impacted areas. The restoration work must be completed within 30 days from the date of our confirmation of the impacted wetland areas. My staff will work with you on these sensitive time and date requirements. Failure to comply with this request may result in referral of this matter to the United States Attorney with a recommendation for appropriate action. Thank you for your time and cooperation in resolving this matter and bringing the project site into compliance with the applicable laws and regulations. If you have any questions, please contact Mr. Bland at the Washington Regulatory Field Office, 2407 W. 5' Street, Washington, North Carolina 27889-1000, telephone (910) 251-4564. Chief, Regulatory Division Wilmington District Corps of Engineers Copies Furnished: United States Attorney Eastern District of North Carolina 310 New Bem Avenue Suite 800, Federal Building Raleigh, North Carolina 27601 Mr. Chris Parker Wetlands and Regulatory Section United States Environmental Protection Agency Sam Nunn Atlanta Federal Center 61 Forsyth Street, SW Atlanta, Georgia 30303-8960 Mr. Pete Benjamin United States Fish and Wildlife Service Raleigh ES Field Office Post Office Box 33726 Raleigh, North Carolina 27636-3726 RECEe\JED MAY 3 0 2017 pCM- MHD CITY ..1 Dr. Ken Riley National Marine Fisheries, NOAA Habitat Conservation Division Pivers Island Beaufort, North Carolina 28516 Mr. Robert Tankard Division of Water Resources Water Quality Regional Operations North Carolina Department of Environmental Quality 943 Washington Square Mall Washington, North Carolina 27889 Mr. Doug Huggett Division of Coastal Management North Carolina Department of Environmental Quality 400 Commerce Avenue Morehead City, North Carolina 28557 Mr. Frank Jennings Division of Coastal Management North Carolina Department of Environmental Quality 401 S. Griffin Street, Suite 300 Elizabeth City, North Carolina 27909 Mr. Samir Dumpor Division of Land Resources North Carolina Department of Environmental Quality 943 Washington Square Mall Washington, North Carolina 27889 Mr. Doug Dorman Atlantic Environmental Consultants, LLC Post Office Box 3266 Kitty Hawk, North Carolina 27949 3 0 2017 DCNa. xM111) CITY 1 Mr. Bob Zarzecki Soil & Environmental Consultants, PA 8412 Falls ofNeuse Road, Suite 104 Raleigh, North Carolina 27615 Mr. Ken Elliott Elliott Consulting 202 Elliott Road Aydlett, North Carolina 27916 Mr. Frederick House, P.E. House Engineering, PC Post Office Box 466 Kitty Hawk, North Carolina 27949