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