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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 ql,�w­_. "WE, "I - 1�:W F'o , 9 ,�4 P_K_E5i 9A,17`.A`!f_, W NOTES:__ Closing Payment Received $ Date Date Case Closed