HomeMy WebLinkAbout17-03C Atlantic InstallationsCoastal Management
ENVIRONMENTAL QUALITY
April 13, 2017
Atlantic Installations, Inc
c/o Mr. Mark Pribble, Vice -President
6015 Catalina Drive, Unit 622
North Myrtle Beach, SC 29582
ROY COOPER
Govemor
MI.CHAEL S. REGAN
Secretary
BRAXTON C. DAVIS
Director
RE: Payment of Proposed Penalty for Violations of the Coastal Area Management Act, Committed
in Carteret County
CAMA Violation # 17-03C
Dear Mr. E On:
This letter will acknowledge receipt of your Check #3401, in the amount of $1.996.00, and dated
received on 4/11/17. 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 Morehead City
office at (252) 808-2808.
Sincerely,
4 P(4�_ wtIo-c)
Roy Brownlow
District Manager
RB//rcb
Cc Mike Lopazanski, Asst. Director
Heather Styron, Coastal Management Rep.
Liz Hair, COE
State of North Carolina I Environmental Quality I Coastal Management
Morehead City Office I 400Commeroe Avenue I Morehead City,NC 28557
252 808 2808
Coastal Management
ENVIRONMENTAL QUALITY
April 10, 2017
Atlantic Installations, Inc.
c/o Mr. Mark Pribble, Vice -President
6015 Catalina Drive, Unit 622
North Myrtle Beach, SC 29582
RE: CANA VIOLATION #17-03C
Dear Mr. Pribble:
ROY COOPER
(mveno.
MICHAEL S. REGAN
Secretary
BRAXTON DAVIS
Director
This letter is in reference to the Notice of Violation dated 03/28/2017 that Heather Styron, Field
Representative for the Division of Coastal Management, issued to Atlantic Installations, Inc. for unauthorized
mechanized land clearing, grading, and filling; and alteration of coastal wetlands at the Morehead City
Country Club property, Carteret County. The violation involved Coastal Wetlands and the Coastal Shoreline,
which are Areas of Environmental Concern designated by the Coastal Resources Commission. The
unauthorized activity also involved federal jurisdictional wetlands contiguous with the coastal wetlands.
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 $1,900 plus
$96 investigative costs, for a total of $1,996 is appropriate for this violation. Atlantic Installations, Inc. 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, a representative for Atlantic
Installations, Inc. must: (1) sign one of the attached copies of an "Agreement to Pay Civil Assessment;" (2)
attach a check or money order for $1,996 made payable to the North Carolina Department of Environmental
Quality (NCDEQ); and, (3) return the signed agreement and payment to this office within ten (10) days of
receipt of this letter. Upon deposit of your check in the Department's account, Atlantic Installations, Inc. will
receive correspondence officially closing this enforcement action.
C,� 3`4Ql
P >I�96,na
State of North Carolina I Environmental Quality I Coastal Management
400 Commerce Ave I Morehead City, NC 28557
252 808 2808 T
L
Atlantic Installations, Inc.
c/o Mr. Mark Pribble
Page 2 of 3
April 10, 2017
If Atlantic Installations, Inc. does not send a signed agreement and payment to this office within ten (10)
days, the Director of the Division of Coastal Management may formally assess a civil penalty against the
Atlantic Installations, Inc.. A representative of Atlantic Installations, Inc. 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) 808-2808.
Sincerely,
Roy Brownlow
District Manager
Division of Coastal Management
Enclosures
cc: Heather Stryon, Coastal Management Representative, DCM
Mike Lopazanski, Acting Assistant Director
State of North Carolina I Environmental Quality I Coastal Management
400 Commerce Ave I Morehead City, NC 28557
252'8082808 T
Atlantic Installations, Inc.
c/o Mr. Mark Pribble
Page 3 of 3
April 10, 2017
CAMA VIOLATION #17.03C
ATLANTIC INSTALLATIONS, INC.
AGREEMENT TO PAY PROPOSED CIVIL ASSESSMENT
Atlantic Installations, Inc, understands that the staff of the Department of Environmental Quality will propose
the assessment of a civil penalty in the amount of $1,996 against it for violation of the Coastal Area
Management Act, NCGS 113A-100 et seq, committed on or near property located at 2900 Country Club Road
in or near Morehead City, Carteret County, North Carolina. In order to resolve this matter with no further
action or expense on Atlantic Installations, Inc. part, Atlantic Installations, Inc. accepts responsibility for the
violation as described in the Notice of Violation letter dated 03/28/2017, and agrees to pay the proposed civil
assessment of $1,996.
y-//--/-�'
DATE
yro-9�30l0
TELEPHONE NUMBER
ADDRESS
go if i
State of North Carolina I Enviromnental Quality I Coastal Management
400 Commerce Ave I Morehead City, NC 28557
252 808 2808 T
Coastal Management
ENVIRONMENTAL QUALITY
April 10, 2017
Atlantic Installations, Inc.
c/o Mr. Mark Pribble, Vice -President
6015 Catalina Drive, Unit 622
North. Myrtle Beach, SC 29582
RE: CAMA VIOLATION#17-03C
Dear Mr. Pribble:
ROY
MICHAEL S.
BRAXTON DA
This letter is in reference to the Notice of Violation dated 03/28/2017 that Heather Styron, Field
Representative for the Division of Coastal Management, issued to Atlantic Installations, Inc. for unauthorized
mechanized land clearing, grading, and filling; and alteration of coastal wetlands at the Morehead City
Country Club property, Carteret County. The violation involved Coastal Wetlands and the Coastal Shoreline,
which are Areas of Environmental Concern designated by the Coastal Resources Commission. The
unauthorized activity also involved federal jurisdictional wetlands contiguous with the coastal wetlands.
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 $1,900 plus
$96 investigative costs, for a total of $1,996 is appropriate for this violation. Atlantic Installations, Inc. 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, a representative for Atlantic
Installations, Inc. must: (1) sign one of the attached copies of an "Agreement to Pay Civil Assessment;' (2)
attach a check or money order for $1,996 made payable to the North Carolina Department of Environmental
Quality (NCDEQ); and, (3) return the signed agreement and payment to this office within ten (10) days of
receipt of this letter. Upon deposit of your check in the Department's account, Atlantic Installations, Inc. will
receive correspondence officially closing this enforcement action.
State ofNorth Carolina I Eavimmnental Quality I Coastal Mmagement
400 Commerce Ava I Morehead City, NC 28557
2528082808 T
Atlantic Installations, Inc.
c/o Mr. Mark Pribble
Page 2 of 3
April 10, 2017
If Atlantic Installations, Inc. does not send a signed agreement and payment to this office within ten (10)
days, the Director of the Division of Coastal Management may formally assess a civil penalty against the
Atlantic Installations, Inc.. A representative of Atlantic Installations, Inc. 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) 808-2808.
Sincerely,
Roy Brownlooww''��
District Manager
Division of Coastal Management
Enclosures
cc: Heather Stryon, Coastal Management Representative, DCM
Mike Lopazanski, Acting Assistant Director
State oMafia Carolina I Eavironmeatal Quality I Could Management
400 Commerce Ave I Morehead City, NC 28557
252 808 2808 T
i
Atlantic Installations, Inc.
c/o Mr. Mark Pribble
Page 3 of 3
April 10, 2017
CAMA VIOLATION #17.03C
ATLANTIC INSTALLATIONS, INC.
AGREEMENT TO PAY PROPOSED CIVIL ASSESSMENT
Atlantic Installations, Inc, understands that the staff of the Department of Environmental Quality will propose
the assessment of a civil penalty in the amount of $1,996 against it for violation of the Coastal Area
Management Act, NCGS 113A-100 et seq, committed on or near property located at2900 Country Club Road
in or near Morehead City, Carteret County, North Carolina. In order to resolve this matter with no further
action or expense on Atlantic Installations, Inc. part, Atlantic Installations, Inc. accepts responsibility for the
violation as described in the Notice of Violation letter dated 03/28/2017, and agrees to pay the proposed civil
assessment of $1,996.
DATE
TELEPHONE NUMBER
SIGNATURE
ADDRESS
State of North Carolina I Environmental Quality I Coastal Management
400 Commeroe Ave I Motehead City, NC 28557
252 808 2808 T
MW
Coastal Management
ENVIRONMENTAL QUALITY
NOTICE OF VIOLATION
March 28, 2017
HAND DELIVERY
Atlantic Installations, Inc.
c/o Mr. Mark Pribble, Vice -President
6015 Catalina Drive, Unit 622
North Myrtle Beach, SC 29582
ROY COOPER
ovemor
MICHAEL S. REGAN
Srwilary
BRAXTON DAVIS
nil'I Clnl'
RE: NOTICE OF VIOLATION AND REQUEST TO CEASE UNAUTHORIZED DEVELOPMENT
CAMA VIOLATION#17-03C
Dear Mr. Pribble:
This letter confirms that on 03127/2017, Morehead City Country Club representatives Ron Perry, Club President;
Nick Eatmon, Club Manager; Harry Bowers, consultant; Atlantic Installations (Contractor) representatives Mark
Pribble, Vice -President and Randy Wilson; and Division of Coastal Management District Manager and Compliance
Coordinator Roy Brownlow and I were onsite at Morehead City Country Club, Inc. (MCCC) property located at
2900 Country Club Road, in or near Morehead City, Carteret County, North Carolina. The purpose of the visit was
to investigate unauthorized development of mechanized land clearing and alteration and the placement (dumping
or filling) and grading of earthen fill material on MCCC property contiguous with the Newport River. This letter also
confirms Mr. Brownlow's site visit with project engineer Bill Foreman and land surveyor Linwood Byrd on
03/23/2017. This site visit was following information provided to the Division of Coastal Management_(DCM) by
Division of Water Resources representative Robb Mairs and U.S. Army Corps of Engineers representative Tyler
Crumbley on 03123/2017.
Information gathered by me for the Division of Coastal Management indicates that Atlantic Installations, Inc. (AI)
actions as contractor for the Morehead City Country Club are in violation of the Coastal Area Management Act
(CAMA) as well as the State's Dredge and Fill Law. 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 pursuant to the North Carolina General Statutes (N.C.G.S.) 11 3A-1 18.
I have information that indicates Atlantic Installations, Inc. has undertaken or is legally responsible for activity
involving mechanized land clearing, filling, dumping and grading of earthen material, and alteration of coastal
marshlands on the MCCC property. This activity took place within the Coastal Shoreline area (Estuarine
Shoreline), Coastal Wetlands, and federal jurisdictional wetlands that are contiguous with the Newport River. The
Estuarine Shoreline and Coastal Wetland areas are designated as Areas of Environmental Concern (AEC). No
CAMA permit was issued to AI or the MCCC 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 and the
State's Dredge and Fill Law.
State of North Carolina I Eavimmnental Quality I Coastal Management
400 Commerce Avenue I Morehead City, NC 28557
252-808-28081252-247-3330(fax)
. Atlantic Installations, Inc.
March 28, 2017
Page 2 of 2
I request that Al 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 additional assessment of
$10,000. An injunction or criminal penalty may also be sought to enforce any violation in accordance with N.C.G.S.
113A-126.
It is the policy of the Coastal Resources Commission to assess a civil penalty plus investigative costs against all
violations. This is done to recoup some of the costs of investigating the violation and/or to compensate the public
for any damage to its natural resources. The amount assessed will depend upon several factors, including the
nature and area of the resources that were affected and the extent of the damage to them.
Al is 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 Al 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.
Based upon the North Carolina Administrative Code, Title 15A, Subchapter 07H. State Guidelines for Areas of
Environmental Concern, the activity described herein that Al has undertaken in the Coastal Shoreline and Coastal
Wetland AECs, is not consistent with Section 7H .0208, which states "Uses which are not water dependent shall
not be permitted in coastal wetlands." Golf Courses are not considered a water dependent use; therefore, I am
requesting from your client, MCCC, that all the coastal wetland's substrate that was altered as an adjunct to the
construction of the golf course improvements be restored to its original pre -development elevation and contour. In
addition, all areas of unconsolidated earthen fill and mechanically cleared areas within the Coastal Shoreline AEC
be effectively stabilized and maintained to prevent sedimentation and erosion.
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) 808-2808 ext 216, Al 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 in the near future.
Sincerely,
HetereterS
Coastal Management Representative
Cc: Roy Brownlow, NCDCM
Robb Mairs,NCDWR
Liz Hair, USACE
Tom Charles, USACE
Bill Foreman, Arendell Engineering
State ofNordt Carolina I Environmental Quality I Coastal Management
400 Commerce Avenue I Morehead City, NC 128557
252-808-2808
DCM ENFORCEMENT TRACKING REPORT
Permit No.
LPO =.LPJ (if applicable)
- _
Violation Description Was activity permittable? Yes / No
Initial Discovery Date r /) �h1 /M Discovery Method, ,{ ,P �;(�/�
a
Respondent Name(s) II J LVkko t V i (Landowner/Agent/Contractor)
Address /�— 00 City f [C s State Zip
Phone # ( Fax #/Email
Corporate Name & Registered agent
Violation Type: Project Type: Authorizations Required: Site Visits Respondent Site Visits . Respondent
�No Permit Private/Community Major CAMA Present Present
Permit Condition Govt./Public u Minor D&F
Expired Permit Commercial General c%� LIG LJ
Inconsistent w/ Rules Tier Level: 1 II 01
Violation Location and Site Description La/Long
Project Location: County rJ Shoreline Length
St re t Address/ State R d/ t #(s) SAV: Not sure Yes
..-Sandbags:, Not sureA: Vol
Subdivision
PN' es
Adjacent
ORW: as
Adjacent
City
ZIP
' Crit.-Hab. � No
Phone # )
ive Basin
hotos eyes
Bodynat
/ n /unkn
Waiver Required
. _ ..
-- ---
----In DWO'BufferTrea�Yes -N -
---..
Closest Maj. Wtr. Body
Specify DWQ Buffer if applicable:
p fy
— "--"Restoration
—
—"— ---
Q�
Extension Granted
Yes Ne
NOV Date p
Initial Req. Comp. Date
Restoration Letter
CNOV Date
Date Camp. Observed
Acceptance'Date
Penalty Assessment
7J.0409 Ref. Recomm. Assess.
DCM Assess.
Sent to Respondent Dale
App./Permit Fee
$
$
Rcvd. by Dist. Mgr. Date
Penalty
rkkl A $ Roo
$
Assessment Extended Yes
Na Willful/Intent.
$ ��q,
$
I Investigative 1 1$ (jt_Q!: Is
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
Assessment Appealed: Yes No
F� Penalty modified
Date sent to AG Respondent not responsive to penalty/NOV Injunction to complete restoration
Date Collection Letter Sent Date Demand Letter Sent
Violation Activities and Impacts
AECs Affected: Wetlands Impacted? Yes / No If Yes, which types:
EN PTA PTS rli�
HHF IH bB11 N/A SA TS I C.J SY TY
PWS:_FC: ss SLI 0 IF BF
Other:
Restoration Required by the Respondent Yes No
Mc
6
X/ L9-red
h
Dimensions in excess
of permit/ unauthorized activities
Dimensions to restore
Final dimensions
allowed.
Actually restored
11P "'A"
W*MvWk �Y M.
------- ----- =4,
77
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9
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NOTES:__
Closing
Payment Received $ Date Date Case Closed