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HomeMy WebLinkAbout22-28A - GaskillROY COOPER Governor ELIZABETH S. BISER Secretary BRAXTON DAVIS Director Mr. Tod Gaskill Top Dollar Construction P.O. Box 217 55248 Lovey Lane Frisco, NC 27936 NORTH CAROLINA Environmental Quality June 24, 2022 RE: Payment of Proposed Penalty for Violations of the Coastal Area Management Act, Dare County, CAMA Violation #22-28A Dear Mr. Gaskill: This letter will acknowledge receipt of Check #10738 in the amount of $438, and dated received on June 24, 2022. 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 don't hesitate to contact me at my Elizabeth City office at 252-264-3901. Sincerely, Ron Renaldi, District Manager RR/yc cc: Robb Mairs, DCM, Wilmington Yvonne Carver, DCM, Elizabeth City v�a.ri , �a_na 5 at�n.Emnmc.�aEouW North C irai[iria Departmenr of Environmental Quality Division of Coastaf Management FUabeth City Office 1401 South Griffin Street, Suite 300 ! Elizabeth City, North Carolina 27909 252.264.3901 CAMA VIOLATION #22-28A Top Dollar construction 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 $438.00 against me for violation of the Coastal Area Management Act, NCGS 113A-100 et seq, committed on property at 51180 Palmetto Drive, adjacent a man-made canal in Frisco, Dare County, North Carolina. In order to resolve this matter with no further action or expense on my part, 1 accept responsibility for the violation as described in the Notice of Violation letter dated May 25, 2022, and agree to pay the proposed civil assessment of $438.00. `r+ r DATE E: 116 t4 2 3 2022 SIGNA06RE ADDRESS TELEPHONE NUMBER North Carol€na Department of Environmental Quality Division of Coastal klanagenient Elizabeth City office 1 40tSouth Griffin Street. Suite 300 Elizabeth City, North Carolina 27409 uewroRmia�r—.imnmewaa�i , 252.264.:3901 NC Division of Coastal Management Cashier's Official Receipt Received From: Permit No.: Applicant's Name: - s- Project Address: a! / Rex-4 rVI r' Fr- r .S" 4c--� 1744 s c n Date: 20— .E s YOLK %— Check No.: County: 6 Please retain receipt for your records as proof of payment for permit issued. Signature of Agent or Applicant: + Date-� Signature of Field Representative: Date: /`� { "�2� DCM ENFORCEMENT TRACKING REPORT Issuer Field Rep. f/� �- �� ��Violation Case No, LPQ p Violated Permit No LPJ (Ef applicable) Violation Description Initial Discovery Date L ;�� Violation Description 22 r2d'A- - Was activity permittable( Yes) No Discovery Method f Respondent I ntormation Prior CAMA or D/F Violation Respondent Name(s) Gc��Ss.� Address �5 ' �cza� City Phone # 25 2 I � (o Q I I0 Email -r=0 ,d -t s Violation Type: n--No Permit Permit Condition Expired Permit Inconsistentw/ Rules Project Type: Private/Community Govt./Public Commercial Tier Level: I Violation Location and Site Description r6 Z27 No 'r �.� ._(Landowner/Age Contractor p'� State �L Zi Authorizations Required: Major —CAMA Minor F D&F General III I Site Visits Respondent Present El Q Lat/Long Site Visits Respondent Present Project Location: County Shoreline Length 2- Y r Street Address/ State Road/ Lot #(s) S L5 r• t SAV: Not Sure Yes No a Sandbags: Not Sure Yes No Subdivision/���js� e-�—��-5 �� �� 5 PNA- Yes No Adjacent - ORW: Yes No Adjacent City.. &I 5 ZIP Z% `/ 3 CP. -- Crit. Hab. Yes N Phone # ( ) River Basin j'o.J't — k,4-o,/Av4. Photos Ye No t Waiver Required Yes No Adj. Wtr. Body C� c L (na ma lunknj In DWQ Buffer Area Yes Na Closest Maj. Wtr. Body o—n., i �-� S �k� Specify DWQ Buffer if applicable: _ Restoration NOV Date Initial Req. Comp. Date N Extension Granted Yes No Restoration Letter CNOV Date Date Comp. Observed Acceptance Date Penalty Assessment Sent to Respondent Date Revd. by Dist. Mgr. Date Assessment Extended Yes No App./Permit Fee Penalty WillfuVintent. Continuing Investigative 7J.0409 Ref. Recomm. Assess. DCM Assess. $sue $ $ Total Formal Assessments, Appeals and Reductions Date Long Form Submitted Assessment Appealed: Yes, No Date Formal CPA Submitted 0 Penalty modified Final Assessment $ Date Attorney General's Office for Injunction or Formal Collection Date sent to AG Q. Respondant not responsive to penalty/NOV E] Injunction to complete restoration Date Collection Let, Sent Date Demand Let. Sent .. ...... Violation Activities and Impacts AECs Affected: CW EW PTA ES PTS OEA HHF IH UBA NIA PWS: FC: Other: Restoration Required by the Respondent Yes 1 No NOTES Wetlands Impacted? Yes I No If yes, which types: SA DS CJ SY JR LS TY SS SC SP IF BF 404 Closing Payment Received $ ` ' Date z Date Case Closed Z z� ROY COOPER Governor ELIZABETH S. BISER. Secretory BRAXTON DAVIS Director NORTH CAROLINA Environmental Quality June 14, 2022 CERTIFIED MAIL 7017 2620 0000 7458 0256 RETURN RECEIPT REQUESTED Mr. Tod Gaskill - Top Dollar Construction, P.O. Box 217 55248 Lovey Lane Frisco, NC 27936 RE: CAMA VIOLATION #22-28A Dear Mr. Gaskill: This letter is in reference to the Notice of Violation dated May 25, 2022, that Yvonne Carver, representative for the Division of Coastal Management, issued to you for the unauthorized installation of a cantilevered platform at Jeffrey and Pamela Davis' property located at 51180 Palmetto Drive, adjacent a man-made canal in Frisco, Dare County. The violation involved the Estuarine Waters and Public Trust Areas, which are Areas of Environmental Concern designated by the Coastal Resources Commission. The Coastal Area Management Act provides that a civil assessment 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, and in accordance with 15A NCAC 07J.0409, a proposed civil penalty for the major development violation in the amount of $400, plus an investigative cost of $38, for a total of $438, 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. To do this, you must: (1) sign the attached "Agreement to Pay Civil Assessment;" (2) attach a check or money order for $438 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 your receipt of this letter. o�momwam re.��nmu� /�' North Carolina Department of Environmental Quality I Division of Coastal Management Elizabeth City Office 1401 South Griffin Street, Suite 300 1 Elizabeth City, North Carolina 27909 252.264,39 1 Mr. Tod Gaskill Top Dollar Construction June 14, 2022 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 against you. You will then have the opportunity to request a hearing on the penalty or request remission 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, ext. 235.' Sincere) ; on Ren District Manager, Northeast District RR/yc Enclosure: Agreement to Pay Proposed Civil Assessment cc: Robb Mairs; DCM, Wilmington, robb.mairs@ncdenr.gov Yvonne Carver, Coastal Management Representative, DCM; Elizabeth City D qq North Carolina Department of Environmental Quality 1 Division of Coastal Management Elizabeth. City Office 1401 South Griffin Street, Suite 300.1 Elizabeth City, North Carolina 27909 o.menwmmq 2522643901 CAMA VIOLATION #22-28A Top Dollar construction 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 $438.00 against me for violation of the Coastal Area Management Act, NCGS 113A-100 et sea, committed on property at 51180 Palmetto Drive; adjacent a man-made canal in Frisco, Dare 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 May 25, 2022, and agree to pay the proposed civil assessment of $438.00. Fay.11-0 SIGNATURE ADDRESS TELEPHONE NUMBER North Carolina Department of Environmental Quality I Division of Coastal Management ..,D_ 1 Elizabeth City Office 1 401 South Griffin Street, Suite 300 1 Elizabeth City, North Carolina.27909 n. m 252.2643901 ouroirc a ,rnm.suiuum