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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