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Home My WebLink About17-2D ACI Holdings LLCf�A Coastal Management ENVIRONMENTAL QUALITY CERTIFIED MAIL 70142120000080554713 RETURN RECEIPT REQUESTED October 23, 2017 ACI Holdings LLC c/o David Brinkley 1480 Point Harbor Road Wilmington, NC 28401 ROY COOPER Governor MICHAEL S. REGAN secretary BRAXTON C. DAVIS Director RE. STOP WORK ORDER AND NOTICE OF FAILURE TOAPPLYFOR CAMA PERMIT OR PERMIT MODIFICATION CASE #17-26 D Dear Mr. Brinkley: This letter confirms that on September 27, 2017, I was onsite at your property located at 1400 Point Harbor Road adjacent to Cape Fear River located in Wilmington, New Hanover County, North Carolina. The purpose of the visit was to investigate unauthorized development of a temporary concrete pier within the Estuarine Shoreline Area of Environmental Concern. This letter also confirms our 7/7/17 conversation on site regarding this matter. Information gathered by me shows that you are undertaking major development and no CAMA Major Development Permit, is issued for this development activity. No person may undertake major development in a designated Area of Environmental Concern without first obtaining a permit from the North Carolina Department of Environment and Natural Resources, North Carolina General Statutes (N.C.G.S.) I I3A-118. On March 23, 2017 General Permit No. 65072 was issued to ACI Holdings LLC for a temporary concrete docking facility within the Cape Fear River on property located in New Hanover County, North Carolina. This permit was issued for development in Estuarine Water and Public Trust Areas of Environmental Concern in accordance with North Carolina General Statutes (N.C.G.S.) 113A-118. This permit included the following terms and conditions(s): 1. Structure shall be removed entirely within 180 days of permit issuance. RECEIVED OCT 2 7 2017 State of North Carolina I Environmental Quality I Coastal Management D `s IVI _ iVl H D CITY Wilmington Office 1 127 Cardinal Drive Extension I Wilmington. North Carolina 28405 9107%7215 For the following reasons, you are in violation of the above terms and conditions(s) of your permit: 1. The existing temporary concrete pier, measuring 35 feet in length and 18 feet in width, has not been removed prior to the expiration of the General Permit on September 23, 2017. You are hereby requested to STOP ANY ADDITIONAL WORK IMMEDIATELY IN ASSOCIATION WITH THIS STRUCTURE and file the necessary application with this office for a CAMA Major Development Permit or permit modification by November 24, 2017. NO WORK OR MODIFICATIONS TO THE EXISTING PIER MAY PROCEED UNTIL THE PERMIT OR MODIFICAITON IS ISSUED. If you comply voluntarily, no further action will be necessary beyond the issuance of a permit. Failure to file an application or continuation of work after receipt of this Notice may constitute a violation of the Act and you may be subject to civil and/or criminal penalties as provided by North Carolina General Statute (NCGS) 113A-126. 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 NCGS 113A-126. In this case, there will be no assessment levied against you. However, if you continue to violate the Coastal Area Management Actyyou should consider yourself forewarned and expect a civil penalty to be levied against you coistent with the North Carolina Administrative Code, Title 15A, Subchapter 7J, Section .0409, as adopted by the Coastal Resources Commission. Thank you for your time and cooperation in resolving this important matter. 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. Sincerely, O Brooks Surgan Coastal Management Representative Cc: Debbie Wilson, District Manager, DCM Tara MacPherson, District Compliance and Enforcement Representative, DCM Roy Brownlow, Compliance Coordinator, DCM Darrell Galloway, Local Permitting Officer, New Hanover County State of North Caroilm I Emironmental Qwfity I Coastal Management Wthnington Office 1 127 Cardinal Drive Extemlon I Wilmington. North Carohna 28405 910 796 7215 CM ENFORCEMENT TRACKING REPORT --• `ltlaV! i r !U a QT K , e ( ■ Initial Discovery Date Violation Description Respondent Name(s) 'I Z� Discovery Wthod or Violation Case No. ! ;L Lt Permit No. (rfapplicable) Was activity permidable? Yes / No Address W To.y+ y�v6 �d• — - City T� U Phone # Fax #/Email Corporate Name & Registered agent Pr l' 4w (d;v.PS LL c- idow nedAgent/Contractor) State a_ Zip 2 8 `f01 Violation Type: Project Type: Authorizations Required: Site Visits Respondent Sde Visits Respondent No Permit d, Private/Community MajorC4MA Resent p Present O Z q Permit Condition Govt/Public Minor D&F t— Cl Expired Permit Commercial d General Inconsistentw/Rules TierLevel: 1 II III Violation Location and Site Description Project Location: County /I,t t gdmad r Street Address/ State Road/ Lot #(a ) Subdivision City L661MMODC, ZIP 'VA 4 01 Phone # ( _),. /+ River Basin CFF— Adj.Mr. Body CF2 at an /unlar) ClosestMaj. Mr. Body m Lat/Long ' Shoreline Length 5Qi4- SAV: Not Sure Yes No Sandbags: Not Sure Yes PNA: Ye No Adjacent ORW. Yes No Adjacent Cnt. Help. Yes No Photos G No WawrRequired Yes 95 In DWQ Buffer Area Yes Specify DWQ Bufferif applicable: Restoration Extension Granted Yes No /r NOV Date Initial Req. Comp. Date Restoration Letter CNOV Date Date Comp. Observed Acceptance Date Penalty Assessment Sent to Respondent Date Rcvd. by Dist Mgr. Date Assessn-entExtendedYes 0 7J.0409 Ref. Recornm Assess. DCM Assess - is $ $ $ $ OCT 2 2017 Total d��l ell 2-6 1Vv' s Formal Assessments, Appeals and Reductions Date Long Form Submitted Date Formal CPA Submitted Final Assessrni M Attorney General's Office for Injunction or Formal Collection AssessmentAppealed: Yes No ❑. Penalty modified Date sent to AG d Respondent not responsive to penalty/NOV 7 Injunction to complete restoration Date Collection Letter Sent Date Demand Letter Sent Violation Activities and Impacts AECs Affected: Wetlands Impacted? Y / No FfF A If yes, w hichtypes: CW �W PT ES PTS OEA `MN/A SA DS cJ SY JR LS TY PWS: FC: SS Sc SP IF BF 404 Other. Restoration Required by the Respondent Yes / Dlmensionsin excess Dimensionsto restore Finaldimensions Actually restored of perm iv unauth oozed activities al lowed 14MN Closing Payment Received $ Date Date Case Gosed