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05-28A Burris
A� FEB 2 0 200I NCDENR Morehead City DC North Carolina Department of Environment and Natural Resources M Division of Coastal Management Michael F. Easley, Governor Charles S. Jones, Director William G. Ross Jr., Secretary February 15, 2007 Mr. Bob Burris 6345 Godwin Blvd. Suffolk, VA 23432-1005 —1�blsb � rb �( _tb mtt ___L/_rb RE; Payment of Proposed Penalty for Violations of the Coastal Area ManagementAct, Chowan County, CAMA Violation #05-28A Dear Mr. Burris: This letter will acknowledge receipt of your Check #1196 in the amount of $350, and dated 02/13/07. Once the amount of the check is credited to the Department of Environment and Natural Resources' account, this matter will be fully and completely closed. If you have any further questions concerning this matter, please contact me at my Elizabeth City office at 252-264-3901, ext. 235. Sincerely, Frank A. Jen ings, III District Manager Northeast District FAJ/ybc cc: Ted Tyndall, Assistant Director, DCM, Morehead City Roy Brownlow, Compliance Coordinator, DCM, Morehead City Kim Hedrick, Coastal Management Rep., DCM, Elizabeth City 1367 U.S. 17 South, Elizabeth City, North Carolina 27909 Phone: 252-264-3901 1 FAX: 252-264-37231 Internet: www.necoastalmanagement.net An Equal opportunity 1 Affirmative Action Employer-306/6 Recycled by Fiber Weighl y r'� � i`ikA�i 4 .=d i, 411; 11 n rrm-tc-CVVI IIVIY VI-YV rIl UVII-wir G V111 I'na 1YV� L'JL LVY JILJ I, VL C-AM'A VIOLATION #05,28 A AGIME NIENY l O PAY PROPOSED CIVILASSIF:SSMF,NT I Uitflevstmid that tht,, staff of tho Dl Partmerlt of Environment acid Natural Resources will propose th I asscssrneat of a rlvil penalty.irt the amount of $350 against the for violation of the Coastal Area Managr.tnent Act, NCOS 113A-100 ct seq, committed on or near my, property at 813 Arrowltoad Trail, Arrowhend Durli Subdivision, in Chowan County, North Carolina. In order io resolve this matter with no Iurtlfer action or expense on my part, I accept responsibility for the violatior as described in the Notice of Violation letter dated October 4, 2005, and agree to pay tllc proposed civil asscaslncnt of $350. �_-... Q.._,-...- DATE IGNATURI? _ (�czc4tis? w3�vck ADDRESS TELEPHONE NUMBER RECEIVED NC DENR FEB 15 2007 COAEtizabet GE ENT ` LS13 ©r � TB ENCDENR North Carolina Department of Environment and Natural Resuu, Division of Coastal Management . Michael F. Easley, Governor Charles S. Jones, Director William G. Ross Jr., Secretary February 5, 2007lr j± yi CERTIFIED MAIL r RETURN RECEIPT REQUESTED FED U 6 Ala? Bob Burris 6345 Godwin Blvd. Morehead City �`�..IE� Suffolk, VA 23432 RE: CAMA VIOLATION #05-28-A Dear Mr. Burris: This letter is in reference to the previous Notice of Assessment dated October 31, 2006 for the Notice of Violation that was sent to you dated October 4, 2005, for the unauthorized construction of a 45 square foot step-down platform and four boat slips to existing nonconforming pier structure at 813 Arrowhead Trail, Arrowhead Beach Subdivision, Chowan County. The violation involved Estuarine Waters, Public Trust Area, which is an Area of Environmental Concern (AEC) designated by the Coastal Resources Commission. Based upon the site visit conducted on October 3, 2006 by Kimberly Hedrick, the restoration requested is complete to the satisfaction of the Division of Coastal Management. The Coastal Area Management Act provides that a civil assessment of up to $2,500 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 $350 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 $350 made payable to the North Carolina Department of Environment and Natural Resources (NCDENR); 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. 1367 U.S.17 South, Elizabeth City, North Carolina 27909 Phone: 252-264-3901 \ FAX: 252-264-3723 \ Internet: wv✓w nccoastalmanagement.net An Equal Opportunity \ Affirmative Action Employer -- 30% Recycled by Fiber Weight Bob Burris February 5, 2007 Page 2 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. This is the final attempt to resolve this matter informally. 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, �K�ty .rj Frank Jennings, District Manager Northeast District Enclosure: Agreement to Pay Proposed Civil Assessment c e yndall, Assistant Director, NC Division of Coastal Management (DCM), Morehead City y Brownlow, Compliance Coordinator, DCM, Morehead City Kimberly Hedrick, Coastal Management Representative, DCM, Elizabeth City CAMA VIOLATION 405.28-A AGREEMENT TO PAY PROPOSED CIVIL ASSESSMENT I understand that the staff of the Department of Environment and Natural Resources will propose the assessment of a civil penalty in the amount of $350 against me for violation of the Coastal Area Management Act, NCGS 113A-100 et seg, committed on or near my property at 813 Arrowhead Trail, Arrowhead Beach Subdivision, in Chowan 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 October 4, 2005, and agree to pay the proposed civil assessment of $350. DATE SIGNATURE TELEPHONE NUMBER SB PRB MTT NCDENRB North Carolina Department of Environment and Natural Resources Division of Coastal Management Michael F. Easley, Governor Charles S. Jones, Director William G. Ross Jr., Secretary October 31, 2006 CERTIFIED MAIL RETURN RECEIPT REQUESTED Bob Burris 6345 Godwin Blvd. Suffolk, VA 23432 RE: CAMA VIOLATION #05-28-A Dear Mr. Burris: Morehead City DCM This letter is in reference to the Notice of Violation dated October 4, 2005, that Kimberly Hedrick, representative for the Division of Coastal Management, issued to you for the unauthorized construction of a 45 square foot step-down platform and four boat slips to existing nonconforming pier structure at 813 Arrowhead Trail, Arrowhead Beach Subdivision, Chowan County. The violation involved the Estuarine Waters, Public Trust Area, which is .an Area of Environmental Concern (AEC) designated by the Coastal Resources Commission. Based upon the site visit conducted on October 3, 2006 by Kimberly Hedrick, and riparian notification received on October 25, 2006, the restoration requested appears to be complete to the satisfaction of the Division of Coastal Management. The Coastal Area Management Act provides that a civil assessment of up to $2,500 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 $350 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 $350 made payable to the North Carolina Department of Environment and Natural Resources (NCDENR); 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. 1367 U.S.17 South, Elizabeth City, North Carolina 27909 Phone: 252-264-3901 \ FAX: 252-264-3723 \ Internet: www.nccoastalmanagement, net An Equal opportunity \ Affirmative Action Employer — 50% Recycled 110% Post Consumer Paper Mr. Bob Burris October31, 2006 Page 2 of 2 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. rE�- ' ;.Thank you for your time and cooperation in resolving this important matter. If you have any 1 !E, questions, please do not hesitate to contact me at (252)264-3901. j ;11, ,+ Sincerely, Frank Jennings District Manager KH Enclosures cc: Ted Tyndall, Assistant Director, DCM Roy Brownlow, Compliance Coordinator, DCM Kimberly Hedrick, Field Representative, DCM Mr. Bob Burris October 31, 2006 Page 3 of 3 CAMA VIOLATION #05.28-A AGREEMENT TO PAY PROPOSED CIVIL ASSESSMENT I understand that the staff of the Department of Environment and Natural Resources will propose the assessment of a civil penalty in the amount of $350 against me for violation of the Coastal Area Management Act, NCGS 113A-100 et sea, committed on or near my property at 813 Arrowhead Trail, Arrowhead Beach Subdivision, in Chowan 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 October 4, 2005, and agree to pay the proposed civil assessment of $350. DATE SIGNATURE ADDRESS TELEPHONE NUMBER DCM ENFORCEMENT TRACKING REPORT II Issuer FiellRep. LPLPJ�'�-- r Violation Description initial Discovery Date q 12 s- 6 5 ViolationDescription—fit€i ala�k Responoentiniort Respondent Name(s) Address. Phone # Violation Base No. �a S A B CD Violated Permit No. (I(apPIiW618) Was activity permittable7 '(,as Discovery Method —IMLII q ,, fora av�+� r, OAS �- - res-c ec + �. ► rdw�4 l ,�t wiija1i.,+ ,� n SW �✓✓Sfdn .r $'t'rul C.t N.rt. F r Prior Vidiatichs in same AEC: Yes / N Case Number'<v;; 0 (L ndowne Agent/ ontractor) r S • pp __ u-o-,C City `A ��— 1 State V A Zip �3If� 2 Fax # Email '•—' Violation Type: Project Type: Authorizations Required: Site Visits Respondent Site Visits Respondent Present Present No Permit Private/Community Major ®CAMA ci ills! o.S ❑ -- ❑ D&F ❑ Permit Condition ❑ Govt./Public ❑Minor • to 14 1 0-3 ❑ ❑ ❑ Expired Permit ❑ Commercial ❑ General ❑ _ ❑ inconsistent wl Rules Violation Location and Site Description Rover File V3 at $AO A ... Project Location: County L' \�OW iN \- Shoreline Length F!) a Yes Stre(eet�Address/ State Road/ Lot #(s) ��— SAV; Not Sure 4P ` "S Sandbags: Not Sure Yes PNA: Yes 9 Adjacent Subdivision, d . nit/ S��_�]'__...... o 27 3 ORW, Yes Hab. Yes Qv,9� Adjacent �l City o ^ -- ZIII P__. Crit. ®�1 No Phone # (1W c�3J River Basin._�t s ^---- Photos No a C'tr. 6t u A n Jt Na�140�)— Waiver Required �/ Area Yes Adj. WBody — In DWQ Buffer Closest Maj. Wtr. Body c �.o "'`� �r -- -- — Specify DWQ Buffer if applicable: Restoration Extension Granted i Yes. No lr v r NOV Date `lInitial Req. Comp. Date _/ �'Z .+� j-1-31��° / Restoration Letter Date Date Comp. Observed Acceptance — — CNOV Date ._ —__ 7.1.0409 Ref, I Rebomm. Assess. i DCM Assess, Penalty Assessment / �3lh� A`pp•IPermit Feeft'7sl 9S s '? cJU.__ ;— a' is Z5 Q' —_ Sent to Respondent Date /� i Penalty Rcvd by DCM Date --- --------'-- Willful/Intent. — $ is Assessment Extended Yes No --- Continuing -- $ ; s —_ ----•- -Other --- --- -- is _ is - -- - 63 Total _ SG:9 on Formal Assessments, Appeals and Reductions Date Long Form Submitted Date Formal CPA Submitted Final Assessment Assessment Appealed Yes No ❑ Penalty modified Attorney General's Office for Injunction or Formal Collection Date sent to AG ❑ Respondant 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: CV ®W T� ES PTS OEA • HHF IH SA 1R LS TY. SC S IF SS SC P IF BF 404 PWS: FC: Other: Restoration Required by the Respondent Yes / No Dimensions In excess Dimensions to restore Final dimensions Actually restored of permit/ unauthorized activities allowed Development Activities Habitat Description NOTES: 'Q%,one Con\Arsp<�or, I,e+wwh �� o vr�o iy`j<Q�l w s ��� �k on Closing Payment Received S___......—___.--_Date.__—..-- Date Case Closed NCDENR North Carolina Department of Environment and Natural Resources Division of Coastal Management Michael F. Easley, Governor Charles S. Jones, Director William G. Ross Jr., Secretary October 31, 2006 Bob Burris 6345 Godwin Blvd, Suffolk, VA 23432 RE: RESTORATION ACCEPTANCE — CAMA VIOLATION #05.28-A Dear Mr. Burris This letter is in reference to the Notice of Violation # 05-28-A sent to you dated October 4, 2005, for the additional four boat slips and platform to existing pier structure within the Estuarine Waters, Public Trust Area of Environmental Concern (AEC) in or near Chowan River. The violation took place on your property located at 813 Arrowhead Trail (SR 1252) in the community of Arrowhead Beach Subdivision in Chowan County, North Carolina, This unauthorized activity constituted development and you were requested to remove a 45 square foot step-down platform, remove a piling in the 15-foot setback, and obtain signed and dated riparian notification forms. In accordance with the North Carolina Administrative Code, Title 15A, Subchapter 7J.0410, any violation involving development which is inconsistent with guidelines for development within Areas of Environmental Concern (AEC's) must be corrected by restoring the project site to pre -development conditions to recover lost resources or to prevent further resource damage. I conducted a site visit at the aforementioned property on October 3, 2006, to inspect the restoration of the unauthorized activity addressed in the Notice of Violation #05-28-A. Based on this inspection, and notification form dated received October 25, 2006, it appears the restoration is accomplished to the satisfaction of this Division. Upon my submission of an enforcement report, you will be notified as to the amount of the civil penalty for undertaking this unauthorized activity within an Area of Environmental concern. Thank you for your attention and cooperation in this matter. If you have any questions pertaining to this matter, please feel free to call me at (252) 264-3901. Sincerely, Kimberly Hedrick Division of Coastal Management Field Representative Cc: Ted Tyndall, Assistant Director, DCM Frank Jennings, District Manager, DCM Roy Brownlow, Compliance Coordinator, DCM 1367 U.S. 17 South, Elizabeth City, North Carolina 27909 Phone: 252-264-3901 1 FAX: 252-264-37231 Internet: www.nccoastalmanagement.net An Equal Opportunity 1 Affirmative Action Employer — 50% Recycled 110% Post Consumer Paper 04-Deo-06 NC DIVISION OF COASTAL MANAGEMENT ENFORCEMENT RECORD CASE STATUS CASE NUMBER LAST NAME FIRST NAME BUSINESS NAME: C7 CASE I$OPEN '.I OS-28A IBURRIS BOB CASE IS CLOSED t'revitiu5 Violations In Same ❑ AEG for Similar Activities NOV DATE CLOSURE DATE Elapsed Days AFFLILIATION SECTOR 10/4l2005 +. _r;g �,. r„ PROPERTY OWNER PRIVATE Duplicate Record XLI 83 I 832 MAILING ADDRESS CITY STATE ZIP CODE PHONE NUMBER 6345 GODWIN BLVD SUFFOLK VA 23432- (757) 435-9858 Show Related Violations PROPERTY ADDRESS COMMUNITY WATERBODY NEAREST ROAD 813 ARROWHEAD TRAIL JARROWHEAD BCH CHOWAN RIVER SR 1252 DISTRICT OFFICE COUNTY DCM REPRESENTATIVE LPO CONTACT ECDO CHOWAN 1HEORICK Not Available VIOLATION TYPE AFFECTED AEC($)', ❑ CW 5❑/ EW PTA ❑ ES ❑ PTS MAJOR CAMA ❑ OEA ❑. HHFA ❑ IHA ❑ PWS ❑ NCRA NATURE OF VIOLATION AEC DESCRIPTION Unauthorized major development by installing pilings to create additional boatslips and adding a step-down to an existing, non -conforming pier structure within the EW and PTA AECs in the Chowan River. RESTORATION STATUS" [11 RESTORATION REQUIRED RESTORATION NOT REQUIRED - CONTRACTOR ❑ RESTORATION NOT REQUIRED - PERMITTABLE DEVELOPMENT ❑ RESTORATION NOT REQUIRED - FURTHER IMPACTS ❑ RESTORATION PENDING RESTORATION REQUEST DATE COMPLETION DATE 11/2/2005 10/3/2006 RESTORATION EXTENDED RESTORE DATE ❑ DEADLINE EXTENDED ❑ REFERRED TO AG'S OFFICE - INJUNCTION INJUNCTION REFER DATE: F ❑ REFERRED TO AG'S OFFICE - COLLECTION COLLECTION REQUEST DATE: I _ PENALTY STATUS.: L--- ASSESSMENT DATE PENALTY AMOUNT COLLECTION DATE AMOUNT COLLECTED 10l31l2006 $350 ❑ PENDING ❑ WILLFUL & INTENTIONAL PENALTY (MIN. OR DOUBLED) © PENALTY ISSUED ❑ CNOV ISSUED F_CNOV DATE ❑ PENALTY NOT ISSUED ❑ PENALTY APPEALED APPEALDATE ❑ FORMAL CPA ISSUED FORMAL CPA DATE El CONRACTOR'S FIRST OFFENSE LED. AGREED UPON. STIPULATED PENALTY I SETTLEMENT DATE El SETTr ❑ UNCOLLECTIBLE PENALTY F-UNCOLLECTIBLE DETERMINATION DATE Violations Involving Adversely Impacted Resources AMOUNT OF ADVERSELY DISTURBED AREA (SO. FT.) F0 AMOUNT OF RESTORED AREA (SQ. FT) NOTES AMA. NCDENR North Carolina Department of Environment and Natural Resources Division of Coastal Management Michael F. Easley, Governor Charles S. Jones, Director William G. Ross Jr., Secretary NOTICE OF VIOLATION 10/04/2005 CERTIFIED MAIL RETURN RECEIPT REQUESTED Bob Burris 6345 Godwin Blvd. Suffolk, VA 23432 RE: NOTICE OF VIOLATION AND REQUEST TO CEASE UNAUTHORIZED DEVELOPMENT CAMA VIOLATION #05-28-A Dear Mr. Burris: This letter confirms that on September 28, 2005, Kimberly Hedrick, Division of Coastal Management Field Representative, was onsite at your property located at 813 Arrowhead Trl. (SR 1252) adjacent to Chowan River located in Arrowhead Beach Subdivision, Chowan County, North Carolina. The purpose of the visit was to investigate unauthorized development of a pier within Chowan River discussed via phone conversation with you on September 29, 2005, Information gathered by me 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 Environment and Natural Resources. This requirement is imposed by North Carolina General Statute (N.C.G.S.) 11 3A-1 18. I have information that indicates you have undertaken or are legally responsible for installation of 9 pilings to create 4 boat slips and a 34 wide by 154 long (45 sq. ft.) step-down addition to an existing, non- conforming (300 sq. ft. platforms on 504 shoreline) pier structure to access the boats. This activity took place in estuarine waters, public trust area that are contiguous with Chowan River. Estuarine waters, public trust areas are designated as Areas of Environmental Concern (AEC). No CAMA permit was issued to you for work in this area. Based on these findings, I am initiating an enforcement action by issuing this Notice of Violation for violation of the Coastal Area Management. I request that you immediately CEASE AND DESIST any further unauthorized activities within designated Areas of Environmental Concern. A civil assessment of up to $2,500 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 up to $2,500. An injunction or criminal penalty may also be sought to enforce any violation (N.C.G,S.113A-126). It is the policy of the Coastal Resources Commission to levy a minimum civil assessment of $250 not to exceed $2,500 against all violations. This is done to recoup some of the costs of investigating violations and/or to compensate the public for any damage to its natural resources. Whether a higher amount will be assessed depends on several factors, including the nature and area of the resources that were affected and the extent of the damage to them. Based upon the North Carolina Administrative Code, Title 15A, Subchapter 07H. State Guidelines for Areas of Environmental Concern, the activity you have undertaken, installation of 9 pier pilings for 4 mooring slips and additional decking without a major permit in the estuarine waters, public trust AEC(s), is not consistent with Section 0.0208(6), which authorizes construction of a pier in estuarine and public trust waters. Therefore, I am requesting restoration. Please refer to the enclosed Restoration Agreement. If you intend to cooperate with my request, please sign one of the attached Restoration Agreements and return it to me in the enclosed, self-addressed envelope within ten (10) days of receipt of this letter. Failure to comply with this request or respond back to this office prior to the requested deadline with an acceptable schedule for compliance will be interpreted as a refusal to cooperate and will result in a Notice of Continuing Violation, as well as a court injunction being sought ordering compliance. The relevant statutes and regulations are available from this office, and I am willing to assist you in complying with the rules. A site inspection will be made in the near future to determine compliance with this REQUEST TO CEASE AND DESIST. I request that you contact me immediately. 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. Upon completion of the restoration as requested in the Restoration Plan Agreement to the satisfaction of the Division of Coastal Management, you 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. Sincerely, e r1eK Coastal Representative Management Kimberly H d g Cc: Ted Tyndall, Assistant Director, DCM Ted Sampson, District Manager, DCM Roy Brownlow, Compliance Coordinator, DCM ENCLOSURE RESTORATION PLAN For Bob Burris Property CASE NUMBER:05-28-A Property located at 813 Arrowhead Trl., Chowan County o 0 ej New vilils C ROW A IJ RIV(R Zygs};,,q Inon - co�4(m PIE+kw1)urc (300 al o 0 � o 0 100' 1 5 0 SCAte I" = 770 -rks p;%on. -n,rs vion rem evtaR'ds o4 110/4/05 qq I wood wnurwny NteJ P, +.an I E++^y Pjwrls eect r atan T', ration "--�—�'",I�� I wwW;n se ck, �oK '�a cn N t /ctalrc� L Q' pIL S. n o p, 1. 6n„k I 9nr Dn+to I J I"—Tl �5,j1A,6 wooa wn,µwnq I,'B6b Burris; agree to (1) bring the platform square footage to pyre -existing 300 square feet, (2) remove all pilings within the 15-ft, setback or obtain signed and dated riparian notification form waiving the 154 setback from riparian neighbor to the north, (3) obtain signed and dated riparian notification form from neighbor to the south. I agree to complete this restoration to the satisfaction of the Division of Coastal Management (DCM) by November 2, 2005, or provide an explanation for non-compliance and a reasonable request for time extension. When corrective actions are complete, I will notify the DCM so the work can be inspected. SIGNATURE: DATE: It is the policy of the Coastal Resources Commission to levy a minimum civil assessment $250 and higher against all violations of this type depending upon the damage to the resources. If restoration is not undertaken or satisfactorily completed, a substantially higher civil assessment will be levied and an injunction sought to require restoration. 4 DCM ENFORCEMENT TRACKING REPORT Issuer Fie!dRep, umbel LPO LPJ Violation Description Initial Discovery Date Cwe65 Violation Description—P,€i c4aMelad 0. Vtrw,)t -ko Discovery Method Violation Base No. C)�AB" C D Violated Permit No. (aappacable) Was activity permittable? Yes I ,__ 2.,_ lovi (?A Gl Vion TAOIAS' ��}} n $' ttC�✓rlf ' S1Yur�wrt h m Prior Vichtichs in same AEC: Yes! N Respondent Name(s) fe3`'IS ��ocQwPn�J�- cityu' Address _ Phone # (-7 , D `t3 � S 5 �r_ Fax # State VA Zip DL-3L- 3 2-• Email — Project Type: Authorizations Required: Site Visits Respondent Site Visits Respondent' Present Violation Type: Permit Private/Community N Major CAMA Present ilk ❑ __ ❑ No Permit Condition ❑ Govt.IPubIIC ❑ Minor ❑ D&F to ly oS ❑ ❑ ❑ Expired Permit ❑ Commercial ❑ General ❑ — ❑ InconsistentwlRules Violation Location and Site Jescription Rover File - Project Location: County Shoreline Length n— Road/ Lot #(s)—. SAM Not Sure Yes Street �Address/ State Sandbags: Not Sure Yes 6 NF fssX ---i el-- PNA: Yes (V Adjacent fit{ N _lsd:---�_ C "`5 0 _ Subdivision. j ^ C' T— t ORW: Yes J� Adjacent City �+S�L^t� ^ -- ZIP % 3 Crit. Hab. Yes No Phone # (1 1J.�'2°� � 8S:' River Basin -_ %14 ^_---- � � Photos Waiver Required NO, Adj. WCr. body C� eio A ^ `Jt — In DWQ Buffer Area Yes Closest Maj. Wtr, Body �n� �+ "D..Qf Specify DWO Buffer If applicable: _ Restoration Extension Granted Yes No NOV Date v` �Cr)— Initial Req. Comp. Date Restoration Letter Date Comp. Observed ---__— p. Acceptance Date — CNOV Date ._ _ 7J.0409 Ref. 1 Recomm. Assess. ; DCM Assess, Penalty Assessment;25�y P� 5 App.IPermit Fee ( I —_—_ Sent to Respondent Date IS I Uu. j Penalty --__ — ; Rcvd by DCM Date --- ---------- Willful/Intent. — --i $ S - Assessment Extended Yes No Continuing $ I Other_.---.----- S 5 --- — —' Total '--- ii _"i G C, , Formal Assessments, Appeals and Reductions Date Long Form Submitted Date Formal CPA Submitted Final Assessment Attorney General's Office for Injunction or Formal Collection Date sent to AG. Assessment Appealed Yes No ❑ Penalty modified ❑ Respondant not responsive to penaltylNOV ❑ 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 Q ES PTS OEA HHF IH SA CJ JR LS TY, SC IF SS SC SP IF BF 404 PWS: FC: Other: Restoration Required by the Respondent as / No Dimensions In excess of permit/ unauthorized activities Dimensions to restore Final dimensions allowed Actually restored Development Activities Habitat Description NOTES: �� one Co.y2rsrtt or\ betwt�h �o ��yre a �o �`(c� �anr I z �r���� on Closing Payment Received S___....__—_—_.---_Date._--..-- Date Case Closed Division of Coastal Management VIOLATION COMPLAINT LOG SHEET OWNER OF PROPERTY: Bobby Burris LOCATION OF PROPERTY: Property is located at 813 Arrowhead Trl. (SR 1252), Arrowhead Beach Subdivision, Edenton, adjacent to Chowan River. MAILING ADDRESS: 6345 Godwin Blvd., Suffolk, VA 23432 PHONE: (757)435-9858 COMPLAINTANT INFORMATION NAME: Anonymous Arrowhead Beach resident E-MAIL ADDRESS: justaskn@hotmail.com PHONE NO.: Not given COMPLAINT RECEIVED by E-MAIL: DATE: 09/26/2005 RECEIVED BY: Roy Brownlow/Ted Tyndall NATURE OF THE COMPLAINT: Arrowhead Beach Resident is concerned that Mr. Burris is building a "mini marina," built too much additional decking, and has marine batteries in the water. REFERRED TO: Kimberly Hedrick AGENCY: DCM Date of Referral: 09/26/2005 REPORT OF INVESTIGATION: On September 28, 2005, 1 found that Mr. Burris had installed 9 new pilings to existing pier, providing docking for 4 vessels. Some of the top decking boards had been replaced and a new step-down was added to the existing 200 sq. ft. platform. His shoreline length is 50 feet (allowance of 200 sq. ft. in platforms). The new step-down is 45 sq. ft. located on the east side of the platform, and another, older step-down of 100 sq. ft. was located on the west side of the platform. His total platform square footage is now at 345 square feet. There was an acceptable roof that covered the 200 sq. f�. worm; No fin <jng of marine batteries. SIGNED BY INVESTIGATOR: FINAL DISPOSITION: Violation DATE: 9/29/05 ENFORCEMENT RESPONSE: Violation paperwork is in progress. Mr. Burris may keep 4 slips, but will have to pay $350 ($100 fine plus $250 major permit fee). Restoration agreement will include removal of decking into compliance. There was an existing non -conforming pier structure with 300 sq. ft. of platform. His shoreline length is 50 ft., so he's allowed 200 sq. ft. of decking. He will need to obtain riparian sign -off forms for new development and waive setback from northern neighbor. He will need to remove the 45 sq. ft. stepdown according to 07H.0208(b)(6)(D). This rule states, "projects requiring dimensions greater than those stated in this Rule shall be permitted only if the greater dimensions are necessary for safe use, or to support a water dependent use that cannot otherwise occur." However, I was instructed by Roy Brownlow on September 29, 2005, that this statement was intended for public piers, not private piers. Mr. Burris' platform is at least 4 ft. above NWL, so safety is an issue for boarding and unloading from dock to boat. I informed Mr. Burris he would have to reduce the stepdown to 6-ft. wide steps or remove it completely and convert some of the existing platform to a lower height. FOLLOW-UP E-MAIL TO COMPLAINTANT BY: Kimberly Hedrick DATE: /09 29/05 NCDF.NR North Carolina Department of Environment and Natural Resources Division of Coastal Management Michael F. Easley, Governor Charles S. Jones, Director William G. Ross Jr., Secretary NOTICE OF VIOLATION 10/04/2005 CERTIFIED MAIL RETURN RECEIPT REQUESTED Bob Burris 6345 Godwin Blvd. Suffolk, VA 23432 RE: NOTICE OF VIOLATION AND REQUEST TO CEASE UNAUTHORIZED DEVELOPMENT CAMA VIOLATION ##05-28-A Dear Mr. Burris: This letter confirms that on September 28, 2005, Kimberly Hedrick, Division of Coastal Management Field Representative, was onsite at your property located at 813 Arrowhead Trl. (SR 1252) adjacent to Chowan River located in Arrowhead Beach Subdivision, Chowan County, North Carolina. The purpose of the visit was to investigate unauthorized development of a pier within Chowan River discussed via phone conversation with you on September 29, 2005, Information gathered by me 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 Environment and Natural Resources. 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 installation of 9 pilings to create 4 boat slips and a 3-ft, wide by 154 long (45 sq. ft.) step-down addition to an existing, non- conforming (300 sq. ft. platforms on 50-ft. shoreline) pier structure to access the boats. This activity took place in estuarine waters, public trust area that are contiguous with Chowan River. Estuarine waters, public trust areas are designated as Areas of Environmental Concern (AEC). No CAMA permit was issued to you for work in this area. Based on these findings, I am initiating an enforcement action by issuing this Notice of Violation for violation of the Coastal Area Management. I request that you immediately CEASE AND DESIST any further unauthorized activities within designated Areas of Environmental Concern. A civil assessment of up to $2,500 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 up to $2,500. An injunction or criminal penalty may also be sought to enforce any violation (N.C,G.S.113A-126). It is the policy of the Coastal Resources Commission to levy a minimum civil assessment of $250 not to exceed $2,500 against all violations. This is done to recoup some of the costs of investigating violations and/or to compensate the public for any damage to its natural resources. Whether a higher amount will be assessed depends on several factors, including the nature and area of the resources that were affected and the extent of the damage to them. Based upon the North Carolina Administrative Code, Title 15A, Subchapter 07H. State Guidelines for Areas of Environmental Concern, the activity you have undertaken, installation of 9 pier pilings for 4 mooring slips and additional decking without a major permit in the estuarine waters, public trust AEC(s), is not consistent with Section 0.0208(6), which authorizes construction of a pier in estuarine and public trust waters. Therefore, I am requesting restoration. Please refer to the enclosed Restoration Agreement. If you intend to cooperate with my request, please sign one of the attached Restoration Agreements and return it to me in the enclosed, self-addressed envelope within ten (10) days of receipt of this letter. Failure to comply with this request or respond back to this office prior to the requested deadline with an acceptable schedule for compliance will be interpreted as a refusal to cooperate and will result in a Notice of Continuing Violation, as well as a court injunction being sought ordering compliance. The relevant statutes and regulations are available from this office, and I am willing to assist you in complying with the rules. A site inspection will be made in the near future to determine compliance with this REQUEST TO CEASE AND DESIST. I request that you contact me immediately. 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. Upon completion of the restoration as requested in the Restoration Plan Agreement to the satisfaction of the Division of Coastal Management, you 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. Sincerely 7� Kimberly Hedrit , Coastal Management Representative Cc: Ted Tyndall, Assistant Director, DCM Ted Sampson, District Manager, DCM Roy Brownlow, Compliance Coordinator, DCM ENCLOSURE N� CROW A tJ 'RIVGK RESTORATION PLAN For Bob Burris Property CASE NUMBER; 05-28-A Property located at 813 Arrowhead Trl., Chowan County o o e3 New Pilings It f (30D aZ ln+ Neel ar rian� a PIL54`W tto�:'�✓t cr, si<,r�/ct 1r � �{;Wn�%� Ro o 0 0 NCrJ Filings 0 0 �q't1xq e5 pHone Convevintian wft� M:. BMf 5—sn'.d he wns (CM VinI`� -W,s y;kon. 'This rnon removed -' 3 o� 110/4105 [iuer3 Pe°Pe'i' pIL S.etnJ oi yc +ion iavx Seck, 1 � 9nr De+la `E¢f&R"3 wooa wn, nq I,•Bbb Burris; agree to (1) bring - the plafform square footage to pyre -existing 300 square feet, (2) remove all pilings within the 15-ft, setback or obtain signed and dated riparian notification form waiving the 154 setback from riparian neighbor to the north, (3) obtain signed and dated riparian notification form from neighbor to the south. I agree to complete this restoration to the satisfaction of the Division of Coastal Management (DCM) by November 2, 2005, or provide an explanation for non-compliance and a reasonable request for time extension. When corrective actions are complete, I will notify the DCM so the work can be inspected. SIGNATURE: DATE: It is the policy of the Coastal Resources Commission to levy a minimum civil assessment $250 and higher against all violations of this type depending upon the damage to the resources. If restoration is not undertaken or satisfactorily completed, a substantially higher civil assessment will be levied and an injunction sought to require restoration. :k DCM ENFORCEMENT TRACKING REPORT Issuer Field Rep. LPO LP1 C �- � `� o- C e �-•, r-�- Violation Description Initial Discovery Date Gj Lg 6 5 Discovery Method Violation Description- P,€i et tia' Mint wtl4,att A `±Zr,r„s�} -� r�bn •cp r.,�m;r� s;2� S�'rN c.t N,rt.' Violation Base No. O B C D Violated Permit No.---/ — (ilapplicable) Was activity permittablel Yes `-7 r-ii l o vv (PA fo M C'Jo 4Wvvw nw..-.. Respondent lnformattiion Prior Vi ations to same AEC: Yes Respondent Names) t�"� (Al i-�— P fa Q �_ city v<� Address CD3�5 p709a wfn y Phone # �� C R S � Fax # ro '.0 n toic✓..1' o.� State VA . Zip D3 q _3 2 Email Violation Type: Project Type: Authorizations Required: Site Visits Respondent Site Visits Respondent' Present Present Private/Community N Major ® CAMA ❑ -- ❑ No Permit Z o� Permit Condition ❑ Govt❑.lPublic ❑ Minor ❑ D&F 1011 oS ❑ ❑ Expired Permit ❑ Commercial ❑ General ❑ _ ❑ (nconsistentwlRules Violation Location and Site Description Rover File j�G�i�$ Project Location: County L' . kOW Vas � Shoreline Length _ �---- g1�_ SAV; Not Sure Yes Street Address/ State Road/ Lot #(1s) Sandbags: Not Sure Yes PNA: Yes Adjacent Subdivision 3C`�UC v�-- ORW; Yes Adjacent City ^ -- zIP_ '�? q 3 .I Crit. Hab, Yes No Phone # (1�aQ.��-' tt$S� River Basin L4%� ^_--- Photos Waiver Required �NNoo�,, Adj.Wtr.Body� An `Jet �LmaaJsfekol- InDWQBufferArea Yes V Closest Maj. Wtr. Body Specify DWQ Buffer If applicable: _—.,Z— Restoration Extension Granted Yes No NOV Date -"t ' 1 Initial Req, Comp. Date Restoration Letter Date Comp. Observed -- Acceptance Date CNOV Date _ - 71.0409 Ref, I Retomm. Assess. ; DCM Assess. Penalty Assessment 5 �: 1, App./Permit Fee IIS 25eC Sent to Respondent Date ___-- _ __-- Penalty 1$ I Gu_^e' Rcvd by DCM Date --"- ( Wilifulllntent. i i s ^S - I - Assessment Extended Yes No -- i $ $ Continuing --- Other --- -- -- — Total --- -3 C`-- -- --- Formal Assessments, Appeals and Reductions Date Long Form Submitted _ Assessment Appealed Yes No Date Formal CPA Submitted ❑ Penalty modified Final Assessment $ — Date -- Attorney General's Office for Injunction or Formal Collection Date sent to AG, ❑ Respondant not responsive to penaltylNOV ❑ 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 Q ® ES PTS OEA - HHF IH SA CJ TY, SC IF B 4 SS SC SP IF BF 04 PWS: FC: Other: Restoration Required by the Respondent Yes / No Dimensions In excess Dimensions to restore Final dimensions of permit/ unauthorized activities allowed Actually restored Development Activities Habitat Description NOTES: Ihone Co-"' sas{io2 be}wt`Lh 10.1 a `(O-J -, j'i,Q SaM�Zn z I-':,. "J'l on Closing Payment Received 5___.._..—_—_.__—_Date._ —_ Date Case Closed SHEET OWNER OF PROPERTY: Bobby Burris LOCATION OF PROPERTY: Property is located at 813 Arrowhead Trl. (SR 1252), Arrowhead Beach Subdivision, Edenton, adjacent to Chowan River. MAILING ADDRESS: 6345 Godwin Blvd., Suffolk, VA 23432 PHONE: (757)435-9858 COMPLAINTANT INFORMATION NAME: Anonymous Arrowhead Beach resident E-MAIL ADDRESS: justaskn@hotmail.com PHONE NO.: Not given COMPLAINT RECEIVED by E-MAIL: DATE: 09/26/2005 RECEIVED BY: Roy Brownlow/Ted Tyndall NATURE OF THE COMPLAINT: Arrowhead Beach Resident is concerned that Mr. Burris is building a "mini marina," built too much additional decking, and has marine batteries in the water. REFERRED TO: Kimberly Hedrick AGENCY: DCM Date of Referral: 09/26/2005 REPORT OF INVESTIGATION: On September 28, 2005, 1 found that Mr. Burris had installed 9 new pilings to existing pier, providing docking for 4 vessels. Some of the top decking boards had been replaced and a new step-down was added to the existing 200 sq. ft. platform. His shoreline length is 50 feet (allowance of 200 sq. ft. in platforms). The new step-down is 45 sq. ft. located on the east side of the platform, and another, older step-down of 100 sq. ft. was located on the west side of the platform. His total platform square footage is now at 345 square feet. There was an acceptable roof that covered the 200 sq. . p tForm. No fi%ng ofmarine batteries. SIGNED BY INVESTIGATOR: FINAL DISPOSITION: Violation DATE: 9/29/05 ENFORCEMENT RESPONSE: Violation paperwork is in progress. Mr. Burris may keep 4 slips, but will have to pay $350 ($100 fine plus $250 major permit fee). Restoration agreement will include removal of decking into compliance. There was an existing non -conforming pier structure with 300 sq. ft. of platform. His shoreline length is 50 ft., so he's allowed 200 sq. ft. of decking. He will need to obtain riparian sign -off forms for new development and waive setback from northern neighbor. He will need to remove the 45 sq. ft. stepdown according to 07H.0208(b)(6)(D). This rule states, "projects requiring dimensions greater than those stated in this Rule shall be permitted only if the greater dimensions are necessary for safe use, or to support a water dependent use that cannot otherwise occur." However, I was instructed by Roy Brownlow on September 29, 2005, that this statement was intended for public piers, not private piers. Mr. Burris' platform is at least 4 ft. above NWL, so safety is an issue for boarding and unloading from dock to boat. I informed Mr. Burris he would have to reduce the stepdown to 6-ft. wide steps or remove it completely and convert some of the existing platform to a lower height. FOLLOW-UP E-MAIL TO COMPLAINTANT BY: Kimberly Hedrick DATE: /09 29/05 FYI — WL.* a 4 L, yam:, WI ,-,� Dt%l, NPR' (v�npa��oy�� �Y•�� n� /sw (hlars.sti� Ctt.¢ Al NYG'l r•. Ste f 4kw (,Vw, or �) 14-00-05 NC DIVISION OF COASTAL MANAGEMENT ENFORCEMENT RECORD CASE STATUS ------ CASE NUMBER LAST NAME FIRST NAME BUSINESS NAME: 0 05-28A BURRIS .BOB 0 CASE IS CLOSED Previous Violations in Same I -- -- ❑ AEC for Similar Activities NOV DATE CLOSURE DATE Elapsed Days AFFLILIATION SECTOR 10/4/2005 rffiL3WWM 1 1JPROPERTY OWNER PRIVATE MAILING ADDRESS CITY STATE ZIP CODE PHONE NUMBER 6345 GODW IN BLVD SUFFOLK VA 23432- (757) 435-9858 PROPERTY ADDRESS COMMUNITY WATERBODY NEAREST ROAD 813 ARROWHEAD TRAIL ARROWHEAD BCH CHOWAN RIVER SR 1252 DISTRICT OFFICE COUNTY DCM REPRESENTATIVE LPO CONTACT ECDO CHOWAN HEDRICK �� VIOLATION TYPE AFFECTED AEC(S)� ❑ CW D EW [/_1 PTA ❑ ES ❑ PTS MAJOR CAMA l ❑ OEA ❑ HHFA ❑ IHA ❑ PWS ❑ NCRA NATURE OF VIOLATION AEC DESCRIPTION rized major development by installing pilings to create additional boatslips and adding a step-down to an non -conforming pier structure within the EW and PTA AECs in the Chowan River. RESTORATION STATUS W,— ❑ RESTORATION NOT REQUIRED - CONTRACTOR RESTORATION NOT REQUIRED - PERMITTABLE DEVELOPMENT ❑ RESTORATION NOT REQUIRED - FURTHER IMPACTS ❑ RESTORATION PENDING RESTORATION REQUEST DATE COMPLETION DATE 11/2/2005 r— RESTORATION EXTENDED RESTORE DATE ❑ DEADLINE EXTENDED ❑ REFERRED TO AG'S OFFICE - INJUNCTION INJUNCTION DATE: r— ❑ REFERRED TO AG'S OFFICE - COLLECTION COLLECTION REQUEST DATE: I ASSESSMENT DATE PENALTY AMOUNT COLLECTION DATE AMOUNT COLLECTED PENALTY STATUS.'. ----- ---- F`--� ❑ PENALTY ISSUED ❑ WILLFUL& INTENTIONAL PENALTY (MIN. OR DOUBLED) ❑ PENALTY NOT ISSUED ❑ CNOV ISSUED —CNOV DATE ❑ CONRACTOR'S FIRST OFFENSE ❑ PENALTY APPEALED �—APPEAL DATE Elr FORMAL CPA ISSUED 1 FORMAL CPA DATE ❑ SETTLED, AGREED UPON, STIPULATED PENALTY SETTLEMENT DATE ❑ UNCOLLECTIBLE PENALTY I UNCOLLECTIBLE DETERMINATION DATE Violations Involving Adversely Impacted Resources AMOUNT OF ADVERSELY DISTURBED AREA (SO. FT.) F— AMOUNT OF RESTORED AREA (SO. FT) F— NOTES 12-Mar-07 NC DIVISION OF COASTAL MANAGEMENT ENFORCEMENT RECORD CASE STATUS J IS OPEN CASENUMBER LAST NAME FIRST NAME BUSINESS NAME: ,CASE jl OS-28A BURRIS BOB Ck) CASE IS CLOSED Previous Violations in ;game ❑ AEC for Similar Activities Elapsed Days SECTOR NOV DATE CLOSURE DATE AFFLILIATION P y 10/4/2005 ` '.a' � , „a� PROPERTY OWNER PRIVXLINK: —ATE Duplicate Record e32 MAILING ADDRESS CITY STATE ZIP CODE PHONE NUMBER Show Related Violations 6345 GODWIN BLVD SUFFOLK VA 23432- (757) 435-985B PROPERTY ADDRESS COMMUNITY WATERBODY NEAREST ROAD 813 ARROWHEAD TRAIL ARROWHEAD BCH ICHOWAN RIVER SR 1252 DISTRICT OFFICE COUNTY DCM REPRESENTATIVE LPO CONTACT ECDO CHOWAN 1HEDRICK INot Available VIOLATION TYPE AFFECTED AEGIS) ❑ CW © EW © PTA ❑ ES ❑ PTS MAJOR CAMA ❑ OEA ❑ HHFA ❑ HA ❑ PWS ❑ NCRA NATURE OF VIOLATION AEC DESCRIPTION Unauthorized major development by installing pilings to create additional boatslips and adding a step-down to an existing, non -conforming pier structure within the EW and PTA AECs in the Chowan River. l�fVl Vllflll MY VIRIVV_I [] RESTORATION REQUIRED LJ RESTORATION NOT REQUIRED- CONTRACTOR ❑ RESTORATION NOT REQUIRED - PERMITTABLE DEVELOPMENT ❑ RESTORATION NOT REQUIRED - FURTHER IMPACTS ❑ RESTORATION PENDING RESTORATION REQUEST DATE COMPLETION DATE 11/2/2005 1 10/3/2006 El DEADLINE EXTENDED RESTORE DATE DEADLINE EXTENDED. ❑ REFERRED TO AG'S OFFICE - INJUNCTION INJUNCTION REFER DATE: F_ ❑ REFERRED TO AG'S OFFICE - COLLECTION COLLECTION REQUEST DATE: F_ PENALTY STA7US'1 ASSESSMENT DATE PENALTY AMOUNT COLLECTION DATE AMOUNT COLLECTED 10/31/2006 $350 2/15/2007 F $350 ❑ PENDING ❑ WILLFUL & INTENTIONAL PENALTY (MIN. OR DOUBLED) PENALTYISSUED ❑ CNOV ISSUED F-CNOV DATE ❑ PENALTY NOT ISSUED ❑ PENALTY APPEALED F APPEAL DATE ❑ CONRACTOR'S FIRST OFFENSE ❑ FORMAL CPA ISSUED [ FORMAL CPA DATE ❑ SETTLED. AGREED UPON, STIPULATED PENALTY SETTLEMENT DATE ❑ UNCOLLECTIBLE PENALTY f—UNCOLLECTIBLE DETERMINATION DATE Violations Involving Adversely Impacted Resources AMOUNT OF ADVERSELY DISTURBED AREA (SQ. FT.) AMOUNT OF RESTORED AREA (SQ. FT) NOTES NOTICE OF ASSESSMENT (REMINDER) ISSUED 02/05/2007. Penalty Collected 2/15/07 - Case