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Home My WebLink About05-10B Barbarosa44. North Carolina Department of Environment and Natural Resources Division of Coastal Management Michael F. Easley, Governor Mr. Frederick Barbarossa 201 Hatteras Lane Aurora, NC 27806 Charles S. Jones, Director 15 August 2005 'A /W )NNU) i1 Jr., Secretary AEG 1 Morej, 8 wry��'a� RE: Payment of Proposed Penalty for Violations of the Coastal Management Act Committed in Beaufort County CAMA Violation No. 05-IOB Dear Mr. Barbarossa: This letter will acknowledge receipt of Check No. 275 in the amount of $350, and dated 5 August 2005. 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 Mike S. Thomas, (252)-948-252-948-3950, at the Washington Regional office. Sincerely, Terry E. Moore District Manager Division of Coastal Management Washington Regional Office c: \ Ted Tyndall —Assistant Director, DCM Ted Brownlow — Compliance & Enforcement Coordinator Mike S. Thomas - Coastal Management Representative, WaRO, DCM 943 Washington Square Mall, Washington, North Carolina 27889 Phone: 252- M-6481 1 FAX: 252-94W781 Internet www.nccoastalmanagementnetl tCaro ina An Equal Opportunity 1 Affirmative Action Employer— 50% Recycled 110% Post Consumer Paper 4• CAMA VIOLATION #05-10B AGREEMENT TO PAY PROPOSED CIVIL ASSESSMENT I understand that the staff of the Department of Environmental and Natural Resources will propose the assessment of a civil penalty in the amount of $350 against me, Fred Barbarossa, for the accidental, storm -related violation of the Coastal area Management Act, NCGS 113A-100 et sea., committed on or near my property located off SR 1912 at 201 Hatteras Lane, near the Town of Aurora, on Bond Creek, in Beaufort County, North Carolina. In order to resolve this matter with no further action or expense on my part, I accept responsibility for the accidental, storm -related violation as described in the Notice of Violation letter dated June 7, 2005, and agree to pay the proposed civil assessment of $350. '5 Date a �Z S % % Telephone Number =.DCM ENFORCEMENT TRACKING REPORT it Issuer !" \ Field Rep. - ke I Fio(AR C lX Violation Base No. CE9-40 >WJ� LPO tj r A 6) C D Violated Permit No. I P1 "P�pQo.y (vappa®bp) Violation Description Was activity permittable? Yes / No Initial Discovery Date 31 MQ� ZDDS DiscoveryMethod Qo, I�; nr Ae r. A 1 Violation Description LJA AJ4 )a-;,ed A (Inc C4 0 044A 1 WC4 IAryts. (n1-t L• rk 4 Respondent Information Prior Violations. in same AEC: Yes / No $" Respondent Name(s) F�PCl' 1�inr' bn w (Landowner/Agent/Contractor) Address 221 919&vA< 1-191-m City Div: u: a Sate n1C zip �-'C,h Phone ZJ 2 - 3Z2 — ri / Fax = rJ�n Violation Type No Penn¢ PennitCondition Expired Permit Inconsistent w/ Rules Project Type: G Private/Community GovCIPublic Commercial Authorizations Required: Major i% CAMA El Minor , _ D&F LI General Site Visits Respondent C3 a," cS�em i77 ��- - I •-.... wa vrt Description Violation r-o=tion and .e Rover File Project Location: County ReAeAL, Street Address/ Sate Road/ Lot #(s) O(€' SIZ 19 r2-k A+ 2r�i A1911e: AS 4Oe Subdivision Y'3cAr1 Cee� esi z.-y City A'XneA ZIP 7:7frD& Phone 5;3i -4 River Basin !w- i titi c Adj. Mr. Body -15�ncl d:.eelc Igv iman /unknl Closest Maj. Wtc Body (1 11,ew Z c n R;or; Restoration NOV Date CNOV Date Penalty Assessment Sent to Respondent Date Rcvd. by Dist Mgr. Date Assessment Extended Yes No Site Vans Respondent Presort _I. Shoreline Length SAV. NotS Yes No Sandbags: NotSure Yes Q PNA: Yes No ORW: Yes Q A ;a_ .. Cris. Hab. Yes No Photos ® No Waiver Required !'s In DWQ Buffer Area Q NC Extension Granted Yes No Initial Req. Comp. Date Restoration Le7er Date Comp. Observed p....eptarce Date 71.0409 Ref. I ,Recomm. Assess. I DCM Assess. AppJPermit Fee 4 $ l S Penalty y �s IS 3e<:.DD S ViillfuUlntent. IS i5 Continuing Is 5 Other S Total Formal Assessments, Appeals and Reductions Date Long Form Submitted Assessment Appealed Yes No Date Formal CPA Submitted pesky Modiiied Final Assesonent a 2G) pO DaL Attorney General's Office for Injunction or Formal Collection Date sent to AG ❑ Respondent not responsive to penaltyfNOV ❑ Injunction to conplete re toration Date Collection Let Sent Date Demand Let. Sent Violation Activities and Impacts AECs Affected: Wetlands Impacted? Yes / No If yes, which types: CW EW PTA ES PTS - OEA HHF IH UBA NIA SA SS SC SC C1 SY A LS 7Y , „ SP 404 PWS: FC: Restoration Required by the Respondent Yes /'No N OTFS: Closing Payment Received S sate Date Case Closed (i North Carolina Department of Environment and Natural Resources 05-10B Division of Coastal Management Michael F. Easley, Governor Charles S. Jones, Director William G. Ross, Jr., Secretary Mr. Frederick Barbarossa 201 Hatteras Lane Aurora, NC 27806 15 August 2005 VE j AUG 1 8 2005 Morehead City DCM RE: Payment of Proposed Penalty for Violations of the Coastal Management Act Committed in Beaufort County CAMA Violation No. 05-IOB Dear Mr. Barbarossa: This letter will acknowledge receipt of Check No. 275 in the amount of $350, and dated 5 August 2005. 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 conceming this matter, please contact Mike S. Thomas, (252)-948-252-948-3950, at the Washington Regional office. Sincerely, Terry E. Moore District Manager Division of Coastal Management \red Washington Regional Office c: Tyndall — Assistant Director, DCM Roy Brownlow — Compliance & Enforcement Coordinator Mike S. Thomas - Coastal Management Representative, WaRO, DCM Nam` Cam ina wx,Yy 943 Washington Square Mall, Washington, North Carolina 27889 Phone: 252-948-6481 1 FAX: 252-948-0478 1 Internet xw riccoastalmanagementnell An Equal Opportunity 1 Afgrnallve Action Employer— 50% Recycled 110% Post Consumer Paper CAMA VIOLATION #05-10B AGREEMENT TO PAY PROPOSED CIVIL ASSESSMENT I understand that the staff of the Department of Environmental and Natural Resources will propose the assessment of a civil penalty in the amount of $350 against me, Fred Barbarossa, for the accidental, storm -related violation of the Coastal area Management Act, NCGS 113A-100 et sea., committed on or near my property located off SR 1912 at 201 Hatteras Lane, near the Town of Aurora, on Bond Creek, in Beaufort County, North Carolina. In order to resolve this matter with no further action or expense on my part, I accept responsibility for the accidental, storm -related violation as described in the Notice of Violation letter dated June 7, 2005, and agree to pay the proposed civil assessment of $350. _'<L& 5 Date 02 CS.2 c S2% Telephone Number 19-Aug-05 NC DIVISION OF COASTAL MANAGEMENT ENFORCEMENT RECORD (CASE STATUS CASE NUMBER LAST NAME FIRST NAME BUSINESS NAME: CASE IS OPEN 06-10B BARBAROSA FRED CASE IS CLOSED Previous Violations in Same AEC NOV DATE CLOSURE DATE Elapsed Days AFFLILIATION SECTOR for Similar Activities 6:28r2005 48 PROPERTY OWNE PRIVATE MAILING ADDRESS 201 HATTERAS LANE PROPERTY ADDRESS 201 HATTERAS LANE DISTRICT OFFICE COUNTY WARO BEAUFORT CITY STATE AURORA NC COMMUNITY AURORA DCM REPRESENTATIVE THOMAS ZIP CODE PHONE NUMBER 27806- WATERBODY BOND CREEK LPO CONTACT NEAREST ROAD SR 1912 VIOLATION TYPE AFFECTED AEC S CW EW PTA ES PTS MAJOR CAMA OEA HHFA IHA PWS NCRA NATURE OF VIOLATION AEC DESCRIPTION Unauthorized major development by filling with sand material approximately 600 sq.fi. of coastal wetlands within Bond Creek RESTORATION STATUS RESTORATION REQUEST DATE COMPLETION DATE RESTORATION REQUIRED 7/26/2IXY 7/26/2005 RESTORATION NOT REQUIRED - CONTRACTOR RESTORATION EXTENDED RESTORE DATE RESTORATION NOT REQUIRED - PERMITTABLE DEVELOPMENT DEADLINE RESTORATION NOT REQUIRED - FURTHER IMPACTS EXTENDED RESTORATION PENDING REFERRED TO AG'S OFFICE - COLLECTION REFERRED TO AG'S OFFICE - INJUNCTION ASSESSMENT DATE PENALTY AMOUNT COLLECTION DATE AMOUNT COLLECTED PENALTY STATUSI 7/28/2005 $350 8/15/2005 $350 PENALTY ISSUED PENALTY NOT ISSUED WILLFUL INTENTIONAL PENALTY (MIN. OR DOUBLED) CNOV ISSUED CONRACTOR'S FIRST OFFENSE SETTLED, AGREED UPON, OR STIPULATED PENALTY PENALTY APPEALED UNCOLLECTIBLE PENALTY FORMAL CPA ISSUED Violations Involving Adversely Impacted Resources AMOUNT OF ADVERSELY DISTURBED AREA (SQ. FT.) 6D0 AMOUNT OF RESTORED AREA (SQ. FT) 600 NOTES R 05-10B North Carolina Department of EfwIronment and Natural Resources Division of Coastal Management Michael F. Easley, Govemor Charles S. Jones, Director William G. Ross, Jr,, Secretary 28 July 2005 CERTIFIED MAIL 7003 3110 0002 0605 8877 RETURN RECEIPT REQUESTED Mr. Fred Barbarosa 201 Hatteras Lane Aurora, NC 27806 Dear W. Barbarosa: This letter is in reference to the Notice of Violation that Mike Thomas, representative for the Division of Coastal Management, issued to you on 7 June 2005, for unauthorized development in violation of the Coastal Area Management Act (CAMA). The violation occurred onsite your property off SR 1912 at 201 Hatteras Lane, near the Town of Aurora, on Bond Creek, in Beaufort County, North Carolina. The fill impacted t600ft2 of Coastal Wetlands. Coastal Wetlands are designated Areas of Environmental Concern. Based upon the onsite inspection on 26 July 2005 by Mike Thomas and David Moye, the requested restoration has been completed to the satisfaction of this Division. The Coastal Area Management Act provides that a civil assessment of up to $2,500 may be assessed against any violation. It is the policy of the Coastal Resources Commission to assess a civil penalty for all violations. This is done to recover some of the costs of investigating violations and/or to compensate the public for any damage to its natural resources. Under Coastal Resources Commission rules, a civil penalty in the amount of $350 is appropriate for this violation. Therefore, I am informally proposing a $350 penalty against you You may expeditiously resolve this matter at this time by accepting responsibility for the violation, waiving your right to an administrative hearing, and paying the amount proposed above. In order to do this you must: (1) sign one of the attached copies of a "Waiver of Right to an Administrative Hearing and 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 waiver and payment to this office in the enclosed, self-addressed envelope within ten (10) days of receipt of this letter. I will deposit your check in the Department's account t4or Cero rtura� wwajhrnpton squareT.fAlf,,W&Wngton,Norlh Carouna 27889 Phone: 252-946-6461 1 FAX: 252-948-0478 1_Intemetwww.ncooestalmaneoementneV Mr. Fred Barbarosa 28 July 2005 Page 2 05-IOB and issue you a Notice of Compliance officially closing this enforcement action. If you do not send a signed waiver and payment to this office within ten (10) days, the Director, 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 matter. If you have any questions, please do not hesitate to contact me at my Washington Office, (252) 948-3851. Sincerely, Terry E. Moore District Manager Division of Coastal Management Washington Regional Office TEM/sg ENCLOSURE c: Mike Thomas - Coastal Management Representative, WARD, DCM Roy Brownlow - Compliance Coordinator, Morehead City, DCM Ted Tyndall - Assistant Director, DCM Raleigh Bland - US Army Corps of Engineers, Washington Office CAMA VIOLATION #05-10B 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, Fred Barbarosa, for violation of the Coastal Area Management Act, NCGS 113A-100 et committed on or near my property located off SR 1912 at 201 Hatteras Lane, near the Town of Aurora, on Bond Creek, in Beaufort 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 June 7, 2005, and agree to pay the proposed civil assessment of $350. Date Fred Barbarosa Address Telephone Number 05-10B North Carolina Department, of Environment and Natwal Resourees Division of Coastal Management Michael F. Easley, Governor Charles S. Jones, Director William G. Ross, Jr., Secretary 28 July 2005 CERTIFIED MAIL 7003 3110 0002 0605 8877 RETURN RECEIPT REQUESTED Mr. Fred Barbarosa 201 Hatteras Lane Aurora, NC 27806 Dear Mr. Barbarosa: This letter is in reference to the Notice of Violation that Mike Thomas, representative forthe Division of Coastal Management, issued to you on 7 June 2005, for unauthorized development in violation of the Coastal Area Management Act (CAMA). The violation occurred onsite your property off SR 1912 at 201 Hatteras Lane, near the Town of Aurora, on Bond Creek, in Beaufort County, North Carolina. The fill impacted t600ftl of Coastal Wetlands. Coastal Wetlands are designated Areas of Environmental Concern. Based upon the onsite inspection on 26 July 2005 by Mike Thomas and David Moye, the requested restoration has been completed to the satisfaction of this Division. The Coastal Area Management Act provides that a civil assessment of up to $2,500 may be assessed against any violation. It is the policy of the Coastal Resources Commission to assess a civil penalty for all violations. This is done to recover some of the costs of investigating violations and/or to compensate the public for any damage to its natural resources. Under Coastal Resources Commission rules, a civil penalty in the amount of $350 is appropriate for this violation. Therefore, I am informally proposing a $350 penalty against you. You may expeditiously resolve this matter at this time by accepting responsibility for the violation, waiving your right to an administrative hearing, and paying the amount proposed above. In order to do this you must: (1) sign one of the attached copies of a "Waiver of Right to an Administrative Hearing and 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 waiver and payment to this office in the enclosed, self-addressed envelope within ten (10) days of receipt of this letter. I will deposit your check in the Department's account t carp' ,7tury 943'7Vashingbn square'A4eli'Waefitngton, North Carotins Z7689 Phone:252-948.6481 1 FAX:252-948.0478 1 Intemetwww.nomestalmaneaementneV Mr. Fred Barbarosa 28. July 2005 Page 2 and issue you a Notice of Compliance officially closing this enforcement action. If you do not send a signed waiver and payment to this office within ten (10) days, the Director, 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 matter. If you have any questions, please do not hesitate to contact me at my Washington Office, (252) 948-3851. Sincerely, � �� 0r-,,r Terry E. Moore District Manager Division of Coastal Management Washington Regional Office TEM/sg ENCLOSURE c: Mike Thomas - Coastal Management Representative, WARD, DCM Roy Brownlow - Compliance Coordinator, Morehead City, DCM Ted Tyndall - Assistant Director, DCM Raleigh Bland - US Army Corps of Engineers, Washington Office CAMA VIOLATION #05-10B 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, Fred Barbarosa, for violation of the Coastal Area Management Act, NCGS 113A-100 et seq., committed on or near my property located off SR 1912 at 201 Hatteras Lane, near the Town of Aurora, on Bond Creek, in Beaufort 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 June 7, 2005, and agree to pay the proposed civil assessment of $350. Date Fred Barbarosa Address Telephone Number 4 05-10B 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 28 June 2005 u ? I pg!! 1 2005 CERTIFIED MAIL 7003 3110 0002 0605 8846 RETURN RECEIPT REQUESTED Mr. Fred Barbarosa 201 Hatteras Lane Aurora, NC 27806 Dear Mr. Barbarosa: Morehead City DCM This letter is in reference to our 15 June 2005 meeting onsite your property located off SR 1912, at 201 Hatteras Lane, near the Town of Aurora, on Bond Creek, in Beaufort County, North Carolina. The purpose of the onsite meeting was to outline restoration plans for the unauthorized filling activities on the aforementioned property. As indicated in the Notice of Violation issued to you on 7 June 2005, no person may undertake major development in a designated Area of Environmental Concern (AEC) without first obtaining a permit from the NC Department of Environment and Natural Resources. This requirement is imposed by NC General Statute (herein abbreviated NCGS) 11 3A-1 18. Information I have indicates that you have undertaken, or are legally responsible for, the filling with sand fill of ±600ft2 of Coastal Wetlands primarily vegetated with Juncus roemerianus and Cladium jamaicense. The filling activity occurred within the Coastal Wetlands of Bond Creek, which connects to South Creek and on to the Pamlico River. The fill has impacted ±600ft 2 of Coastal Wetlands. Coastal Wetlands is a designated Area of Environmental Concern and no permit was issued to you for development in this area. Therefore, I conclude that you are in violation of the Coastal Area Management Act. During the 15 June 2005 site visit, my associate, David Moye, and I, staked the area of Coastal Wetlands that was impacted by the illegal sand fill material. Based on additional information gathered during our 15 June 2005 meeting, I determined that the impact is approximately ±63' long and ranges from ±7' to ±12' in width resulting in ±600ft 2 of impact. Based upon N. C. Administrative Code, 71L State Guidelines for Areas of Environmental Concern, the activities you have undertaken are not consistent with these regulations. Therefore, I am requesting that the t8' wide by ±63' long filled area of Coastal Marsh adjacent to Bond Creek be restored to its original grade and the fill material removed. In addition, the disturbed areas adjacent 943 Washington Square Mall, Washington, North Caroline 27889 Phone: 252-946-6481 1 FAX 252-948-0478 1 Internet wvnx.ncooestalmanacement.netl rY�,,IhCr na atUJ1 Mr. Fred Barbarosa 201 Hatteras lane Aurora, NC 27806 to the Coastal Wetlands must be stabilized to prevent offsite erosion. Provided you intend to cooperate with the request, you should sign the attached restoration agreement and return it to me in the enclosed self-addressed envelope. No response from you within 10 days of the receipt of this letter will be interpreted as a refusal to cooperate and a court injunction will be sought ordering restoration. Thank you for your time and cooperation in resolving this matter. If you have any questions about this or related matters, please call me at 252-948-3950. Sincerely, Mike S. Thomas Coastal Management Representative c: Terry Moore - District Manager, Washington Regional Office, DCM Ted Tyndall - Assistant Director, DCM Roy Brownlow - Compliance Coordinator Raleigh Bland - U. S. Army Corps of Engineers RESTORATION AGREEMENT t�ON� Cr2Ck y y I -----� y ,y y y y K r;l y y y y y y rI J///f cO�,y1 ?tL t �Fl.+�lam.'1e ®—F1ll¢d Coastal Wd q dt Coas+al We+la.�. I, Fred Barbarosa, agree to restore the f8' wide by f63' long, filled area of Coastal Wetlands, adjacent to Bond Creek, near the Town of Aurora, in Beaufort County. I agree to complete the restoration to the satisfaction of the Division of Coastal Management by 26 July 2005, or provide an explanation for non-compliance and a reasonable request for a time extension. Signature Date It is the policy of the Coastal Resources Commission to levy at least a minimum civil assessment of $350 against all violations. If restoration of the affected area is not undertaken or completed satisfactorily, a substantially higher civil assessment will be levied and an injunction sought to require restoration. Thank you for your time and cooperation in resolving this matter. If you have any questions about this or related matters, please call me at 252-948-3950. wuw 05-IOB 4. North Carolina Department of Environment and Natural Resources Division of Coastal Management Michael F. Easley, Govemor Charles S. Jones, Director William G. Ross, Jr., Secretary NOTICE OF VIOLATION 28 June 2005 JUL o 12005 CERTIFIED MAIL 7003 3110 0002 0605 9846 RETURN RECEIPT REQUESTED Morehaad City DCM Mr. Fred Barbarosa 201 Hatteras Lane Aurora, NC 27806 Dear Mr. Barbarosa: This letter is in reference to our 15 June 2005 meeting onsite your property located off SR 1912, at 201 Hatteras Lane, near the Town of Aurora, on Bond Creek, in Beaufort County, North Carolina. The purpose of the onsite meeting was to outline restoration plans for the unauthorized filling activities on the aforementioned property. As indicated in the Notice of Violation issued to you on 7 June 2005, no person may undertake major development in a designated Area of Environmental Concern (AEC) without first obtaining a permit from the NC Department of Environment and Natural Resources. This requirement is imposed by NC General Statute (herein abbreviated NCGS)113A-118. Information I have indicates that you have undertaken, or are legally responsible for, the filling with sand fill of ±600ft2 of Coastal Wetlands primarily vegetated with Juncus roemerianus and Cladium jamaicense. The filling activity occurred within the Coastal Wetlands of Bond Creek, which connects to South Creek and on to the Pamlico River. The fill has impacted ±600ft2 of Coastal Wetlands. Coastal Wetlands is a designated Area of Environmental Concern and no permit was issued to you for development in this area. Therefore, I conclude that you are in violation of the Coastal Area Management Act. During the 15 June 2005 site visit, my associate, David Moye, and I, staked the area of Coastal Wetlands that was impacted by the illegal sand fill material. Based on additional information gathered during our 15 June 2005 meeting, I determined that the impact is approximately ±63' long and ranges from ±7' to ±12' in width resulting in ±600ft 2 of impact. Based upon N. C. Administrative Code, 7H. State Guidelines for Areas of Environmental Concern, the activities you have undertaken are not consistent with these regulations. Therefore, I am requesting that the ±8' wide by ±63' long filled area of Coastal Marsh adjacent to Bond Creek be restored to its original grade and the fill material removed. In addition, the disturbed areas adjacent 943 Washington Square Mall, Washington, North Carolina 27889 Phone252-946.6481 1 FAX 252-948.0478 1 Internet w .ncmastalmansoemantnet/ x�°n� cu. as �vatura�ty !11 Mr. Fred Barbarosa 201 Hatteras lane Aurora, NC 27806 to the Coastal Wetlands must be stabilized to prevent offsite erosion. Provided you intend to cooperate with the request, you should sign the attached restoration agreement and return it to me in the enclosed self-addressed envelope. No response from you within 10 days of the receipt of this letter will be interpreted as a refusal to cooperate and a court injunction will be sought ordering restoration. Thank you for your time and cooperation in resolving this matter. If you have any questions about this or related matters, please call me at 252-948-3950. Sincerely, Mike S. Thomas Coastal Management Representative c: Terry Moore - District Manager, Washington Regional Office, DCM Ted Tyndall - Assistant Director, DCM Roy Brownlow - Compliance Coordinator Raleigh Bland - U. S. Army Corps of Engineers J • r y y y y y RESTORATION AGREEMENT �Onlp Cr,PR.tG IV y w V % o he Re+xo�d �,�„�, I, Fred Barbarosa, agree to restore the f 8' wide by f63' Tong, filled area of Coastal Wetlands, adjacent to Bond Creek, near the Town of Aurora, in Beaufort County. I agree to complete the restoration to the satisfaction of the Division of Coastal Management by 26 July 2005, or provide an explanation for non-compliance and a reasonable request for a time extension. Signature Date It is the policy of the Coastal Resources Commission to levy at least a minimum civil assessment of $350 against all violations. If restoration of the affected area is not undertaken or completed satisfactorily, a substantially higher civil assessment will be levied and an injunction sought to require restoration. Thank you for your time and cooperation in resolving this matter. If you have any questions about this or related matters, please call me at 252-948-3950. 05-IOB n 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 7 June 2005 CERTIFIED MAIL 7003 3110 0002 0605 8808 RETURN RECEIPT REQUESTED Mr. Fred Barbarosa 201 Hatteras Lane Aurora, NC 27806 Dear Mr. Barbarosa: atBrownlow RX(anyla JUL 0 8 2005 Morehead City DCM This letter is in reference to our 3 June 2005 meeting onsite your property off SR 1912, at 201 Hatteras Lane, near the Town of Aurora, on Bond Creek, in Beaufort County, North Carolina. The purpose of the onsite meeting was to investigate unauthorized filling activities on the aforementioned property observed during a routine aerial surveillance flight. 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 NC Department of Environment and Natural Resources. This requirement is imposed by NC General Statute (herein abbreviated NCGS) 113A-118. Information I have indicates that you have undertaken, or are legally responsible for, the filling with sand fill of ±600ft 2 of Coastal Wetlands primarily vegetated with Juncus roemerianus and Cladium jamaicense. The filling activity occurred within the Coastal Wetlands of Bond Creek, which connects to South Creek and on to the Pamlico River. The fill has impacted ±600ft2 of Coastal Wetlands. Coastal Wetlands is a designated Area of Environmental Concern and no permit was issued to you for development in this area. Therefore, I conclude that you are in violation of the Coastal Area Management Act. I request that you immediately CEASE AND DESIST any further unauthorized activities within designated Areas of Environmental Concern. If the development that you have undertaken is not consistent with applicable standards, you will be required to restore all affected areas to their former conditions. 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 which 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-126 943 Washington Square Mall, Washington, North Caroline 27889 Phone: 252-946-6481 1 FAX 252-948-0478 l Internal* www.nowastalmaneaement.netl Atu jr Y Mr. Fred Barbarosa Page Two 7 June 2005 It is the policy of the Coastal Resources Commission to levy a minimum civil assessment of $350 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. If the requested restoration is not undertaken and completed satisfactorily, a substantially higher civil assessment will be levied and a court injunction will be sought ordering restoration. Based upon N. C. Administrative Code, 7H. State Guidelines for Areas of Environmental Concern, the activities you have undertaken are not consistent with these regulations. I request that we meet onsite to delineate the impacted area and to discuss plans for restoring the Coastal Wetlands to its original state. Thank you for your time and cooperation in resolving this matter. If you have any questions about this or related matters, please call me at 252-948-3950. Sincerely, Mike S. Thomas Coastal Management Representative c: Terry Moore - District Manager, Washington Regional Office, DCM \ Ted Tyndall - Assistant Director, DCM Roy Brownlow - Compliance Coordinator Raleigh Bland - U. S. Army Corps of Engineers FUNCTION=> A-------DCM ENFORCEMENT PRIMARY VIOLATOR INFORMATION --------- RRD210 CASE: 050010B PERMIT #: CONSULTANT: THOMAS NAME: BARBAROSA, FRED ADDR: 201 HATTERAS LANE CITY: AURORA STATE: NC ZIP: 27808 PHONE: 252 322 5817 CNTY: BEAUFORT NEAREST WATER BODY: PAMLICO RIVER ST PLANE X: LPO : LOCALITY: OFF SR 1912, 201 HATTERAS LN ST PLANE Y: VIO DESC: UNAUTHORIZED FILLING OF CW - NEW WORK NOV SENT: 06 07 05 RESTORE : ESTUARY: PUB TRST WETLANDS: SA: SS: TYPE EXCAVATE FILL VIOLATION: MAJOR: Y MINOR: REQUESTED: SHORELINE: OCEAN HZ: IS: CJ: SY: JR: C: SP: IF: BF: D RESTORE OTHER TYPE PERM COND: CAMA: Y D&F: COMPLETED: OTHER: PRI NURS: ORW: LS: TY: WS: MF: EXCAVATE FILLED RESTORE OTHER ------------------------ASSESSMENT AND DISPOSITION--- REC ASSMT: REFERENCES: REPORT RCVD: ASSESSED: TO OGC: PAY REC: ON: # VIOLATORS: 0 TOTAL ASSESSMENT: 0 MESSAGE: ENTER DATA TO ADD RECORD ----------------------- CRITERIA: TO VIOLATOR: CASE CLOSED: TOT RECEIVED: 0 PFI=HELP PF2=MAIN MENU PF3=ENFORCEMENT MENU PF4=PREV SCREEN PF5=VIOLATOR 05—IOB x 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 7 June 2005 CERTIFIED MAIL. 7003 3110 0002 0605 8808 JUG 0 6 2005 RETURN RECEIPT REQUESTED City Mop®head Mr. Fred Barbarosa 201 Hatteras Lane Aurora, NC 27806 Dear Mr. Barbarosa: This letter is in reference to our 3 June 2005 meeting onsite your property off SR 1912, at 201 Hatteras Lane, near the Town of Aurora, on Bond Creek, in Beaufort County, North Carolina. The purpose of the onsite meeting was to investigate unauthorized filling activities on the aforementioned property observed during a routine aerial surveillance flight. 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 NC Department of Environment and Natural Resources. This requirement is imposed by NC General Statute (herein abbreviatedNCGS) I I3A-118. Information I have indicates that you have undertaken, or are legally responsible for, the filling with sand fill of t600ft 2 of Coastal Wetlands primarily vegetated with Juncus roemerianus and Cladium jamaicense. The filling activity occurred within the Coastal Wetlands of Bond Creek, which connects to South Creek and on to the Pamlico River. The fill has impacted t600ft2 of Coastal Wetlands. Coastal Wetlands is a designated Area of Environmental Concern and no permit was issued to you for development in this area. Therefore, I conclude that you are in violation of the Coastal Area Management Act. I request that you immediately CEASE AND DESIST any further unauthorized activities within designated Areas of Environmental Concern. If the development that you have undertaken is not consistent with applicable standards, you will be required to restore all affected areas to their former conditions. 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 which 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-126 943 Washington Square Mall, Washington, North Carolina 27889 Phone: 252-946-6481 1 FAX: 252-948-04781 Internetw .nccoastalmansoement.netl ��nCnroI- e dvataral; Mr. Fred Barbarosa Page Two 7 June 2005 It is the policy of the Coastal Resources Commission to levy a minimum civil assessment of $350 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. If the requested restoration is not undertaken and completed satisfactorily, a substantially higher civil assessment will be levied and a court injunction will be sought ordering restoration. Based upon N. C. Administrative Code, 7H. State Guidelines for Areas of Environmental Concern, the activities you have undertaken are not consistent with these regulations. I request that we meet onsite to delineate the impacted area and to discuss plans for restoring the Coastal Wetlands to its original state. Thank you for your time and cooperation in resolving this matter. If you have any questions about this or related matters, please call me at 252-948-3950. Sincerely, Mike S. Thomas Coastal Management Representative c: Terry Moore - District Manager, Washington Regional Office, DCM Ted Tyndall - Assistant Director, DCM Roy Brownlow - Compliance Coordinator Raleigh Bland - U. S. Army Corps of Engineers