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HomeMy WebLinkAbout22-19A - Vison Holding, LLCROY COOPER
Governor
ELIZABETH S. BISER
Secretary
BRAXTON DAVIS
Director
April 28, 2022
Vinson Holdings, LLC
c/o Cosmo Caggese
528 Anchor Court
Kill Devil Hills, NC 27948
NORTH CAROLINA
Environmental Quality
RE; Payment of Proposed Penaltyfor Violations of the Coastal Area ManagementAct,
Currituck County, CAMA Violation #22-19A
Dear Mr. Caggese:
This letter will acknowledge receipt of check #2796 in the amount of $476.00 received
04/28/22. 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 the Elizabeth
City office at 252-264-3901.
SincereI ,
Ron Rena di, District Manager
Northeastern District
Division of Coastal Management
RR/eg
cc: Rob Mairs, LPO Minor Permit Coordinator, DCM
Robert Corbett, Field Representative, DCM
North Carolina Department of Environmental Quality I Division of Coastal Management
D_E > Elizabeth City Office 1 401 South Griffin Street, Suite 300 1 Elizabeth City, North Carolina 27909
=•�•�a=�� �� 252.264.3901
Vision Holdings LLC, registered Agent Cosmo Caggese
April 21, 2022
Page 3 of 3
CAMA VIOLATION # 22-19A
Vision Holdings LLC, registered Agent Cosmo Caggese
April 20, 2022
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 $476.00 against me for violation of the Coastal
Area Management Act, NCGS 113A-100 et sec, committed on or near property located at 292
Griggs Acres Drive, Point Harbor, 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 April 20, 2022 and agree to pay the proposed civil
assessment of $476.00.
DATE
ADDRESS �-
APR 2 B NZZ C
���s6V1 TELEPHONE NUMBER 'p-?
D_EQJ� North Carolina Department of Environmental Quality I Division of Coastal Management
Elizabeth City Office 1401 South Griffin Street, Suite 3001 Elizabeth City, North Carolina 27909
onw:.maO1'e �i i.ww,n� /� 252.264.3901
NC Division of Coastal Management 150 9 r�DB C D
Cashier's Official Receipt
Received From:
Permit No.:
Applicant's Name:
Project Address:
Date: 20 vim.
Check No.:
County:
Please retain receipt for your records as proof of payment for permit issued.
Signature of Agent or Applicant: /'" /
Signature of Field Representative: �y �' ,-
Date: (-
Date:
DCM ENFORCEMENT TRACKING REPORT
1 Jy Issuer
Field Rep. QnberY' Calk -It
ion ❑
Violation Description
Initial Discovery Date q- jq - al- Discovery Method
r
violation Description rt�at,rd
or D/F
Violation Case No. 2a - I C) / `
Violated Permit N
(N appd'eatle)
r
Yes / No
Was activity permittable? Yes / No
Respondent Name(s)
City k'lt
1,�
t-k'(—P0Iis State_,S)C
Zip 2 k
Address Sot$ Ar.cl.�r
�
Phone#�. -2G�'
SkOG
Fax#
Email oy 'oZ:
OJ • C4C-1�
Violation Type: -
Project Type:
Authorizations Required:
Site Visits Respondent Site Visits Respondent
Present Present
dNo Permit
�rivatelCommunity
Q Major �CAMA
K i 9 J
Permit Condition
0f Govt./Public
Minor D&F
❑
Q
�. Expired Permit
L1 Commercial
General
❑
El Inconsistent w/ Rules
Tier Level: 1 11 111
Violation Location and Site Description
Lat/Long 1aG
Project Location: County C.t f t ili,"C I'%
Street Address/ State Road/ Lot #(a) T)a 7Lu�6�C
Subdivision t is
city t'oF i- U 6cr ZIP 2 IGG
Phone # ( _) ,At River Basin o �
Adj.Wtr.-Body rhAlbu-d��-,6- Qman/unknl
Closest Maj. Wtr. Body Abe ..oc lies �cv✓rt
NOV Date 20-
CNOV Date
Penalty Assessment
Sent to Respondent Date
Rcvd. by Dist. Mgr. Date
Assessment Extended Yes No
Initial Req. Comp. Date
Shoreline Length
SAV: Not Sure
Yes
Sandbags: Not Sure
Yes
PNA:
Yes
(0 Adjacent
ORW'.
Yes
® Adjacent
Crit. Hab.
Yes
No
Photos
Y
No
Waiver Required
Yes
In DWQ Buffer Area
Yes
Specify DWQ Buffer if applicable:
Date Comp. Observed
7J.0409 Ref.
App./Permit Fee
WillfuVlntent.
Continuing
Investigative
Extension Granted
Restoration Letter
Acceptance Date
Yes No
Recomm. Assess.
DCM Assess.
$ 1 C3G. GO
$ ab0.vo
$ ran n.�.
$ e n r 0
$ 5
$ �G. GO $ �� b0
4 �C ter, -4Ij}b.o0
Formal Assessments, Appeals and Reductions
Date Long Form Submitted 'Assessment Appealed: Yes No
Date Formal CPA Submitted
Final Assessment $ Date Penalty modified
Attorney General's Office for Injunction or Formal Collection
Date sent to AG Q Respondent 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? 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
NOTES:
Closing �r
Payment Received $ 3yA 6 d Date /�A, �- Date Case Closed
ROY COOPER
Governor
ELIZABETH S. BISER
Secretary
BRAXTON DAVIS
Director
NORTH CAROLINA
Environmental Quality
April 21, 2022
CERTIFIED MAIL 7017 2620 0000 7458 0362
RETURN RECEIPT REQUESTED
Vison Holding LLC., Registered Agent: Cosmo Caggese
528 Anchor Court
Kill Devil Hills, N.C. 27948
RE: CAMA VIOLATION # 22-19A
Dear Mr. Caggese:
This letter is in reference to the Notice of Violation dated April 20, 2022 that Robert Corbett,
representative for the Division of Coastal Management, issued to you for the unauthorized
installation of a 46' x 6' pier and a 13' x 13' boatlift located 292 Griggs Acres Drive, Point
Harbor, in Currituck County. The violation involved the Public Trust Area and Estuarine
Waters which are Area 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 $476.00 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 $476.00 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
D_vn QJ� North Carolina Department of Environmental Quality I Division of Coastal Management
Elizabeth City Office 1 401 South Griffin Street, Suite 300 1 Elizabeth City, North Carolina 27909
252.264.3901
Vision Holdings LLC, registered Agent Cosmo Caggese
April 21, 2022
Page 2 of 3
against you. You will then have the opportunity to request a hearing on the penalty or
request settlement of the penalty.
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,
Ron Renaldi,
District Manager, Northern District
NC Division of Coastal Management
Enclosure
cc: Robert Corbett, Field Representative, DCM
Rob Mairs, LPO Minor Permit Coordinator, DCM
D ��� North Carolina Department of Environmental Quality I Division of Coastal Management
_ Elizabeth City Office I401 South Griffin Street 252.2643901
5Wte 3QO. �.EJizahethLlly,Ne rti r• n�a nono
4Silrl'/N'%.W
Vision Holdings LLC, registered Agent Cosmo Caggese
April 21, 2022
Page 3 of 3
CAMA VIOLATION # 22-19A
Vision Holdings LLC, registered Agent Cosmo Caggese
April 20, 2022
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 $476.00 against me for violation of the Coastal
Area Management Act, NCGS 113A-100 et seq, committed on or near property located at 292
Griggs Acres Drive, Point Harbor, 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 April 20, 2022 and agree to pay the proposed civil
assessment of $476.00.
DATE
SIGNATURE
ADDRESS
TELEPHONE NUMBER
D_E QZ. North Carolina Department of Environmental Quality I Division of Coastal Management
Elizabeth City Office 1 401 South Griffin Street, Suite 300 1 Elizabeth City, North Carolina 27909
Ica r,� aourw
�•^^� a^��^•^v� � 252,264.3901
ROY COOPER
Governor
ELIZABETH S. BISER
secretary
BRAXTON DAVIS
Director
NORTH CAROLINA
Environmental Quality
NOTICE OF VIOLATION
April 20, 2022
CERTIFIED MAIL 7017 2620 0000 7458 0348
RETURN RECEIPT REQUESTED
Vison Holding LLC., Registered Agent: Cosmo Caggese
528 Anchor Court
Kill Devil Hills, N.C. 27948
RE: NOTICE OF VIOLATION AND REQUEST TO CEASE UNAUTIIORIZED
DEVELOPMENT
CAMA VIOLATION #22-I9A
Dear Mr. Caggese,
This letter is in reference to my visit on 4-19-2022 where I was onsite your property at 292 Griggs
Acres Drive, Point Harbor, in Currituck County, North Carolina. The purpose of the onsite visit
was to conduct a compliance inspection for CAMA General Permit 79357A for the construction
of a replacement bulkhead on your property. This letter also confirms my phone conversation with
you on 4-19-2022.
Information gathered by myself 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.) 113A-118.
I have information that indicates you have undertaken or are legally responsible for the
unauthorized replacement of an existing 46' x 6' Pier and a 13' x 13' Boatlift on the
aforementioned property. This activity took place in the Estuarine Water and Public Trust Areas
of Environment Concern that is contiguous with the Currituck Sound. Estuarine Waters and Public
Trust Areas are designated as Areas of Environmental Concern (AEC). While it appears that the
development undertaken is consistent with 15A NCAC 07H.1200, no CAMA permit was issued
to you fora 46' x 6' Pier and a 13' x 13' Boatlift in this area. The CAMA General permit you were
issued on August 25, 2021 (GP 79357A) only authorized a replacement bulkhead. Based on these
findings, I am initiating an enforcement action by issuing this Notice of Violation for violation of
the Coastal Area Management Act.
D_EQZ.North Carolina Department of Environmental Quality I Division of Coastal Management
Ellzabeth CityOffice 1 401 South Griffin Street, Suite 300 1 Elizabeth City, North Camilm27909
aw.�^.�e�r^b^^^a�a•a� /� 252.2643901 _ _ _
Vision Holdings LLC, registered Agent Cosmo Caggese
April 20, 2022
Page 2 of 2
I request that you immediately CEASE AND DESIST any further development.- A -civil - --
assessment 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. 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 on several factors, including the nature and area of the resources that were affected and the
extent of the damage to them. 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 a permit.
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.
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.
Sincerely,
\3��C04�
Robert Corbett
Field Representative, DCM
cc: Ron Renaldi, District Manager, DCM
Rob Mairs, LPO Minor Permit Coordinator, DCM
File: Tier 2
E
North Carolina Department of Environmental Quality I Division of Coastal Management
Elizabeth City Office 1 401 South Griffin Street Suite 300 1 Elizabeth City, NoraCarollna 27909
252.264.3901