The URL can be used to link to this page

Home My WebLink About05-02B BeasleyNorth Carolina Department of Environment and Natural Resources O ' 05-02B Division of Coastal Management Michael F. Easley, Govemor Charles S. Jones, Director William G. Ross, Jr., Secretary l 9 February 2005 z [UU5 Mr. Wood Beasley Morehead City DCM Post Office Box 38 Colerain, NC 27924 RE: Payment of Proposed Penalty for Violations of the Coastal Management Act Committed in Bertie County CAMA Violation No. 05-02B Dear Mr. Beasley: This letter will acknowledge receipt of Check No. 8403 in the amount of $700, and dated 4 February 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 R. Kelly Spivey, (252)-948-3853 at the Washington Regional office. Sincerely, Terry E. Moore District Manager Division of Coastal Management a Washington Regional Office c: /Charles-4oner—Director, DCM Roy Brownlow — Compliance & Enforcement Coordinator R. Kelly Spivey - Coastal Management Representative, WaRO, DCM 943 Washington Square Mall, Washington, North Carolina 27889 Phone: 252-946-6481 \ FAX: 252-948-0478 \ Internet www.nccoastalmanagementnetl Non` Cazo inn atura�ly An Equal opportunity \ Affirmative Action Employer— 50% Recycled \ 101Y. Post Consumer Paper CAMA VIOLATION ##05-02B 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 $700 against me, Wood Beasley, III, for violation of the Coastal Area Management Act, NCGS 113A-100 et 5N., committed on or near my property located off SR 1335, on the Chowan River, in Colerain, in Bertie 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 13 January 2005, and agree to pay the proposed civil assessment of $700. Date Signature /33 6. ,Pcv St. Ile z79z6(1 Address �ZSZ> 3y?e - 4/zA Telephone Number �DCM ENFORCEMENT TRACKING REPORT / Issuer �rL Field Rep.& �`� 5'tvg ,z Violation Base No. • A B C D LPO 71 Violated Permit No, LPJ �� E P1r1'R --Go u a T:4 (If applicable) ' Violation Description Was activity permittable7 Yes / No. Initial Discovery Date 1p -YA14 oS' DiscoveryMethod MoA 1 TOrzt IAc4 15t'r Violation Description -_VA yrRMCTto,J flf A se sa , t fT w.— Fo✓ ^3aart, T Respondent information Prior Violations in same AEC. Yes No Respondent Name(a) A1'F woo o $8 a.S Lr�7 Z7L (i aedow-n /Agent/Contractor) Address S. eL T224 32 CityState A- C. Zip 2-)92y Phone #(25a73S6� i Izoj Fax# Email Violation Type: Project Type: Authorizations Required: Ste Visits Respondent Site Visits Respondent No Permit Privatk/ Dr Major CAMA Present :nmunity /oA4 o S � Present ❑ PennitCondition ❑ GovtlPublic ❑Minor [ ] D&F ❑ ❑ Expired Permit ❑Commercial ❑General n ❑ Inconsistentw/ Rules Violation Location and Site Description Rover File Project Location: County 1ai c rc r, E Street Address/ State Road/ Lott #(s) city=,t ro �< , .l ZIP 2,7a24— Phone#(_) River Basin( i4c)LjA,Q Adj. Wtr. BodyCeO o'w4 J Zit) C'a� iin lunka) Closest Maj. WtcBody GAowA0 '-91V1 e- Shoreline Length -± 3o S SAV: Not Sure Yes N Sandbags: Not Sure Yes a PNA: Vas N Adjacent ORW. Yes a Adjacent Crit. Hab. Yes No Photos Va tNoWaiver Required YesIn DWQ Buffer Area Yes Restoration Extension Granted Yes No 7) )fi NOV Date 1° 5A'J CNOV Date il 1 A Initial Req. Comp. Date t ) A—___ Restoration Letter Date Comp. Observed Q 1 Ac Acceptance Date Penalty Assessment Sent to Respondent Date .7.5.7A �J o t' Rcvd. by Dist. Mgr. Date _....— Assessment Extended Yes No LO409 Ref. Recomm. Assess. DCM Assess. APPJPermit Fee __ _ _ —._�._._ $ 2 �5-0, c o $ S o. ` J Penalty $ ao Wiliful/lntent. $ gyp, oO $tea , o0 Continuing ( $ $ _ Other _ - -- _._ $ $ Total �7D0, r7DD. °d Formal Assessments, Appeals and Reductions N i, Date Long Form Submitted Assessment Appealed Yes No Date Formal CPA Submitted ❑ Penalty nxxr ied Final Assessment a nate Attorney General's Office for Injunction or Formal Collection Al Date sent to AG ❑ Respondent not responsive to penalty/NOV ❑ injunction to complete restoration Date Collection Let. Sent Date Demand Let. Sent Violation Activities and Impacts AECs Affected: �� ES PTA OE VHF / V OEA HF UBA NIA PWS: Other: FC: Restoration Required by the Respondent U Dimensions in excess mlt/ unauthorized act Yes / Na 4%T Wetlands Impacted? Yes / No SA DS CJ SY JR SS SC SP 404 Dimensions to restore I Final dimensions If yes, which types: LS TY Actually restored NOTES: L Ati 16s sew n 2500 Caen-A'Ir i. Vrn,N,-r- 2-0 ) Av110 �- .� r� .V I T w'-1-I l.F 'na-E Cr�f-L Ti/'•c-rU;C i.i.4t 1�C'7/'�.E . _ TF}lS -1 S M'i. 3 AS I..EY 5 '��y �,V IN -r t4S 6STuARi r4ie wg-T �'n- A-rJr.� -7416-IG T-FP A1C-E!a AEe M2 IJC ASt,' % W.4S 6 " o. "' u,J '22 r1 cl�V 19 cti nr h- 3c7'�, Lk-er-', - PTA, E`er/ 3 V S x S tlo t-F�,I+a6 ,4eG 15.5 7a MR. SC-AS147 �Z �DV �34FX ;ZMEI493 (/etilfo�L'c�T Ca<�. "20 93--2 Z) Closing J / pD payment Received c �p�' Date2 `/ Z°pS Date Case Closed '2 I 00 f) North Carolina Department of Environment and Natural Resources 05-02B Division of Coastal Management Michael F. Easley, Governor Charles S. Jones, Director William G. Ross, Jr., Secretary 9 February 2005 Mr. Wood Beasley Post Office Box 38 Colerain, NC 27924 Morehead City DCM RE: Payment of Proposed Penalty for Violations of the Coastal Management Act Committed in Bertie County CAMA Violation No. 05-02B Dear Mr. Beasley: This letter will acknowledge receipt of Check No. 8403 in the amount of $700, and dated 4 February 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 R. Kelly Spivey, (252)-948-3853 at the Washington Regional office. Sincerely, Terry E. Moore District Manager Division of Coastal Management Washington Regional Office c: Charles Jones - Director, DCM Roy Brownlow — Compliance & Enforcement Coordinator R. Kelly Spivey - Coastal Management Representative, WaRO, DCM 943 Washington Square Mail, Washington, North Carolina 27889 Phone: 252-9466481 1 FAX: 252-948-0478 \ Internet www.n000astalmanagementnetl tCarolina uruUy An Equal Opportunity \Affirmative Action Employer —50%Recycled \10% Post Consumer Paper CAMA VIOLATION #05-02B 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 $700 against me, Wood Beasley, III, for violation of the Coastal Area Management Act, NCGS 113A-100 et sue., committed on or near my property located off SR 1335, on the Chowan River, in Colerain, in Bertie 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 13 January 2005, and agree to pay the proposed civil assessment of $700. Date Signature /3.3 c • ,P.cv st. ha ja , IV co Z UA/1 Address Telephone Number DCM ENFORCEMENT TRACKING REPORT Field Rep. / �& t,Ly Sv ivgIssuer ?r Violation Base No. _ A B C D inn _ ❑ Violated Permit N Lpi -R �T I > Go tit y (rc appnut el Violation .Description Was activity permittabie7 Yes I No Initial Discovery Date G .'SArl oS DiscoveryMethod MaA t Torz, nLy J i s+T- Violation Description VT! A Sn sk f T u. T �,w,aGs ,rim rnT ,lun^Oe2 Cr ut +ps mn w4npy— Information Prior Violations in same RespondentName(s) "-A woov $ti��LGL- Address 'P a '22x 3 2 No City(-our2.a r7 State 1•C. Zip 27q2y- Phone # 6 2 50 z cC_ —4 + z R Fax # Violation Type: Project Type: Authorizations Required: Ste Visits Respondent Site Visits Respondent Present Present No Penult . PrivatrJCommun'dy Major CAMA (o SA Ll o S �f ❑ permit Condition ❑ GovtlPublic ❑ Minor ❑ D&F ❑ ❑ Expired Permit ❑ Commercial ❑General ❑ El Inconsistent w/ Rules Violation Location and Site Description Rover File — Project Location: County 1 S77--r i E 4�0 • Street Address/ State Road/ Lot +1a ____......... _. Subdivision City Zip Phone # (_) River Basin a 4o w A-F1 Adj. Wtr. Body (y Hl o'wq *1 'Iz»J C'sZ (naan /unkn) Closest Maj, Wtr• Body CAD aA t4 T-I V r"� + Shoreline Length 3 3o S SAV: Not Sure Yes N Sandbags: NotSure Yes a PNA: Ya No Adjacent ORW. Yes a Adjacent Crit. Hab. Yes No Photos Yes 4No Waiver Required Yes o In DWQ Buffer Area Yes No Restoration Extension Granted Yes No NOV Date l0 5A'� a' CNOV Date it 1 A Initial Req. Comp. Date _-� P -_-� Restoration Letter Date Comp. Observed - Acceptance Date 0 1 A Penalty Assessment Sent to Respondent Date Rcvd. by Dist. Mgr. Date — Assessment Extended Yes No AppJPermit Fee Penalty Willfullintent. Continuing other 71.0409 Ref. Recomm. Assess. DCM Assess. $ DQ ao 00 $ $ Total IP700, as 700. °a Formal Assessments, Appeals and Reductions j Date Long Form Submitted . Assessment Appealed Yes Na Date Formal CPA Submitted ❑ penalty modiried Final Assessment Q Date Attorney General's Office for Injunction or Formal Collection A/A Date sent to AG ❑ Respondent not responsive to penalty/NOV ❑ Injunction to complete restoratlon Date Collection Let. Sent Date Demand Let. Sent Violation Activities and Impacts AECs Affected: �� CW (E iPTA OEA HF UBA NIA PWS: FC: Restoration Required by the Respondent Yes / No Wetlands Impacted? Yes / No , If yes, which types; SA DS CJ SY JR LS TY SS SC SP 404 ' a Dimensions In excess ar permit/ unauthorized activities Dimensions to restore Final dimensions allowed Actually restored ....................._..........................................._....:................_.........................................._................................u.....s ...... ...:.. ........ ..........: ...�..y......�}�.��yyvv.y.� A ......._....................n....r......n....................a........._.._._.........:::-. ............v............_..........._...._................... I''i � � 51I.1tLE ..Y!Lsr LtT%'t �.. .................roc::::>s:::::::e:p::::u—•:m, _......_........_ ..S-:.e::i::�::r:.�.;; - :.:: MY.._. '.r, �....'..> e:r^u::-.:rri .....xr .... .....ri..?!?.i3. ;3.1•::::Ir.F.!IiS:;:?{:e-r:rb:u:s!.; .un'E`_i )�., ., : "� SnJ PILE Ltv mill? xv R3;.�..pikUi+?r 3::v^.n.:.: f!v NOTES: MV hLAStE )ssIlti--, n 2500 6E-\M� prt� rr �l�L/l F� 1 '�1' 3'h hrS 2✓+ f!-. O Z 'IL,gT .5a• -0 S M�121. 15ra.4 ' t L3-r A-Q O v�0 -4r Cr, 11 TR^C')-O'l �t \ GiP Fi T 1S 1 S MQ. --SLAY�5 --Anj� 'I�aV iN TtiF G-STUARI rlc L o. - A� iLt IS 1,iG T245i El3 A'EL Mit PJL AAc4 ess�— --') 4I,70.0'' ('1 '72 r)uv 19Ci3 Fo L 4 a ST Y_.N f�T 1�11 0 T- * 3 d'� , 34 LY-hFC+/1✓J Ace G 7 - 1?'rA , Ew� A 4-J ;h S v o � l.A-,-1� 'Ou'R- Lr -cJ-1�� f:STv hl2! I�r S tlo 4-F1�3r1F ry e: e. 'rHF �I TLi-r n% o V t..ai ISSN _n 7a Nl�. Closing as Payment Received $ 7 p o ' Date 2 q l Z 10 Date Case Closed -2 ,9 &eO Wi SENT EN CASE STATUS; CASE NUMBER `LAST NAME • r .FIRST NAME BUSINESS NAME CASE JS OPEN { 05-02B_ BEASLEY III WD ' 4 0' CASE IS CLOSED. . _-"`OO+ • + ,`" m -.-, .; ' AFFLILIATION SECTOR + ' ``'NOV DATE CLOSURE DATE" - PreVI0U3 Vfolatfons m'Same AEC r`' PROPERTY OWNE 4� PRIV-ATE--'--s J "' ' 1 _., _- € - � for Similar Activities p, 1/10/2005 - "s MAILINGADDRESS '`C4TY . _ - STATE'ZIP CODE 'PHONENUMBER ' POB 38 ! COLERAIN NC I 27924 I! (252) 356 4129 a, ' `PROPERTY,ADDRESS `. COMMUNITY WATERBODY` NEAREST ROAD RIVER ROAD �' tSF COLERAIN I CHOWAN RIVER i, SR 1335 rD'I`S-T`R-IC-'T''O-F'F-I`C'`E``' �C'O'U'NT'Y DCM:REPRESENTATIVE LP`O CONTACT 1 1— 1 WARD @ BERTIE s SPIVEY- p [ -VIOLATION TYPE a�' MAJOR PERMIT CONDITION VIOLATION fi + 'AEG TYPE-- EW, PTA )( ,.- �v ` i,NATt-URE OFNIOLATION„ ; , b _ thorized major development and failure to comply with the terms and conditions set forth in CAMA General it No. 37117-B by exceeding the number of permitted fixed boat slips where two is the maximum number rized by General Permit and the addition of a jetski/small boat lift is considered the third fixed slip. This occurred the EW and PTA AECs in the Chowan River. WS=.T. TiON REQ FlE - IESTORATION NOT REQUIRED- CONTRACTOR IESTORATION NOT REQUIRED PERMITTABLE DEVELOPMEN- iESTORATION NOT REQUIRED o FURTHER IMPACTS iESTORATION PENDING i * ; 3 RESTORATION EXTENDED RESTORE DATE'. - 1 DEADLINE '( EXTENDED „', k "Q REFERREDT,O AG'S OFFICE = COLLECTION + ! 'yREFERRED To AGS OFFICE • INJUNCTION !A'AMOUNT. COLLECTION DATE "AMOUNT COLLECTED. ..�y/UU zWeuuo u) Wuu _—JE Q PENALTY ISSUED-'. "- - "�� >'': _ ❑ PENALTY NOT ISSUED '`WILLFULINTENTIONAL'PENALTY (MIN OR DOUBLED) t 4 ?'t CNOV`ISSUED Q CONRACTORS FIRST OFFENSE ® SETTLED, AGREED UPON, OR STIPULATED PENALTY QQ PENALTY APPEALED, UNOOLLECTIBLE PENALTY '' []'FORMAL CPA ISSUED Viola#ions Involving Adversely-ImpactedAesaurces ,AMOUNT OF ADVERSELY DISTURBED AREA (SQ. FT) .,.. m'' C AMOUNT OF RESTORED AREA'(SQ. FT) ;NOTES Beasley has prior violation in same AECs - see case no. 93-28B - unauthorized placement of bulkhead (EW, PTA) and land disturbance within ES. 01 /oov North Carolina Department of Environment and Natural Resources os-ozs Division of Coastal Management Michael F. Easley, Governor Charles S. Jones, Director William G. Ross, Jr., Secretary 25 January 2005 CERTIFIED MAIL 7003 3110 0002 06031689 RETURN RECEIPT REQUESTED Mr. Wood Beasley, III P.O. Box 38 Colerain, North Carolina 27924 Dear Mr. Beasley: JAN 2 d 2005 Morehead City U%;10 This letter is in reference to the Notice of Violation that R. Kelly Spivey, representative for the Division of Coastal Management, issued to you on 10 January 2005 for unauthorized development in violation of the Coastal Area Management Act (CAMA). The violation occurred on -site your property located off SR 1335, on the Chowan River, in Colerain, in Bertie County, North Carolina. The violation resulted from the unauthorized construction of a jet ski/small boat lift at the waterward end of your pier which brings the total number of slips to three. The structure was constructed within the Public Trust Area and Estuarine Waters of the Chowan River, both of which are designated Areas of Environmental Concern by the Coastal Resources Commission. 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 cost 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 $700 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 $700 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 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. 943 Washington Square Mall, Washington, North Carolina 27889 Phone: 252-946.6481 1 FAX: 252-948-0478 1 Internet .nocoastalmanagementnetl 14r Carolina tura!!y An Equal Opportunity 1 Affirmative Action Employer— 50% Recycled 110% Post Consumer Paper Mr. Wood Beasley, III 25 January 2005 Page 2 05-02B If you do not send a signed agreement 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 important matter. If you have any questions, please do not hesitate to contact me at 252-948-3851. Sincerely, Terfy E. Moore District Manager Division of Coastal Management Washington Regional Office ENCLOSURE Ted Tyndall - Assistant Director, DCM Roy Brownlow - Compliance Coordinator, DCM R. Kelly Spivey - Field Representative, Washington Regional Office, DCM Raleigh Bland - U.S. A rmy Corps of Engineers CAMA VIOLATION #05-02B 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 $700 against me, Wood Beasley, III, for violation of the Coastal Area Management Act, NCGS 113A-100 et sue., committed on or near my property located off SR 1335, on the Chowan River, in Colerain, in Bettie 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 13 January 2005, and agree to pay the proposed civil assessment of $700. Date Signature Address Telephone Number 04-Feb-05 NC DIVISION OF COASTAL MANAGEMENT ENFORCEMENT RECORD CASE STATUS - CASE NUMBER LAST NAME FIRST NAME BUSINESS NAME -I 05-028 1BEASLEY, III WOOD CASE IS CLOSED AFFLILIATION SECTOR NOV DATE CLOSURE DATE Previous Violations in Same AEC PROPERTY OWNE . for Similar Activities fn0/2005 MAILING ADDRESS CITY STATE POB 38 COLERAIN NC PROPERTY ADDRESS COMMUNITY 135 RIVER ROAD 1COLERAIN ZIP CODE PHONE NUMBER 27924- (252)356-4129 WATERBODY NEAREST ROAD CHOWAN RIVER SR 1335 DISTRICT OFFICE COUNTY DCM REPRESENTATIVE LPO CONTACT WARO BERTIE SPIVEY VIOLATION TYPE MAJOR PERMIT CONDITION VIOLATION AEC TYPE JEW, PTA NATURE OF VIOLATION noraea major development and failure to comply with the terms and conditions set forth in LAMA General t No. 37117-B by exceeding the number of permitted fixed boat slips where two is the maximum number ized by General Permit and the addition of a jetskVsmall boat lift is considered the third fixed slip. This occurred the EW and PTA AECs in the Chowan River. r- RESTORATION STATUS ---- - --- - --- RESTORATION NOT REQUIRED - CONTRACTOR d RESTORATION NOT REQUIRED - PERMITTABLE DEVELOPMENT RESTORATION NOT REQUIRED - FURTHER IMPACTS LI RESTORATION PENDING - RESTORATION REQUEST DATE COMPLETION DATE RESTORATION EXTENDED RESTORE DATE - DEADLINE EXTENDED REFERRED TO AG'S OFFICE - COLLECTION REFERRED TO AG'S OFFICE - INJUNCTION ASSESSMENT DATE PENALTY AMOUNT COLLECTION DATE AMOUNT COLLECTED PENALTY STATUS V252005 $700 PENALTY ISSUED PENALTY NOT ISSUED /1 WILLFUL INTENTIONAL PENALTY (MIN. OR DOUBLED) ❑ CNOV ISSUED j CONRACTOR'S FIRST OFFENSE I SETTLED, AGREED UPON, OR STIPULATED PENALTY-- PENALTY APPEALED UNCOLLECTIBLE PENALTY Irj FORMAL CPA ISSUED Violations Involving Adversely Impacted Resources AMOUNT OF ADVERSELY DISTURBED AREA (SQ. FT.) F- AMOUNT OF RESTORED AREA (SO. FT) F_ NOTES sley has prior violation in same AECs - see case no. 93-28B - unauthorized placement of bulkhead (EW, PTA) land disturbance within ES. (i North Carolina Department of Enronment and Natural Resources 05-02B vi Division of Coastal Management Michael F. Easley, Governor Charles S. Jones, Director William G. Ross, Jr., Secretary NOTICE OF VIOLATION 10 January 2005 CERTIFIED MAIL 7003 3110 0002 0603 1665 RETURN RECEIPT REQUESTED Mr. Wood Beasley III P.O. Box 38 Colerain, North Carolina 27924 Dear Mr. Beasley: plarrulzo JAN 2 1 M5 Morehead City DCM This letter confirms that on 6 January 2005, Terry Moore, District Manager, Division of Coastal Management, and I, were onsite your property located off SR 1335, on the Chowan River near Colerain in Bertie County, North Carolina. The purpose of our visit was to monitor work authorized by CAMA General Permit No. 37117-B, which was issued to you on 23 February 2004. 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 N.C. Department of Environment and Natural Resources. This requirement is imposed by N. C. General Statute (herein abbreviated N. C. G. S.) 113A-118. Information I have indicates that you have undertaken, or are legally responsible for the unauthorized construction of a jet ski/small boatlift at the waterward end of your pier. CAMA General Permit No. 37117-B authorized you to reconstruct/replace a 6' x 186pier with a 22' x 14' L- Head platform, 4' x l6finger pier,1 I' x 12' boatlift and one wet boat slip. The number of fixed boat slips permitted was two. The addition of the jet ski/small boat lift brings the total number of fixed slips to three. You have failed to comply with Specific Condition 15 NCAC 07H .2505(a) of the aforementioned permit that states in part, "No structural enlargement or additions shall be allowed". This unauthorized activity took place within Estuarine Water and Public Trust Area of the Chowan River. Estuarine Water and Public Trust Area are both designated Areas of Environmental Concern (AECs) and the permit was not issued for the development you undertook in these areas. 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. 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 943 Washington Square Mall, Washington, North Carolina 27889 Phone: 252-946.6481 1 FAX 252-948-0478 1 Internet vnvw.nccoastalmanagementnetl Va`Carolina ura!!y An Equal Opportunity 1 Affirmative Action Employer— 50% Recycled 110% Post Consumer Paper Mr. Wood Beasley III 10 January 2005 Page Two 05-02B 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 civil assessment 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 N. C. Administrative Code 7H. State Guidelines for Areas of Environmental Concern, the addition of the jet ski/small boat lift could have been permitted via the CAMA Major Permit process; therefore, no restoration or structural modification will be required by this Division. 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) 948-3853. Pending an enforcement report to be submitted, you will be notified as to the amount of a civil assessment for undertaking development without the proper permits. `Si erely, R. Kelly Spivey v Coastal Management Representative Division of Coastal Management Washington Regional Office c: Terry E. Moore- District Manager, Washington Office, DCM \ Ted Tyndall - Assistant Director, DCM Roy Brownlow - Enforcement Coordinator, DCM Raleigh Bland - U.S. Army Corps of Engineers, Washington Office DCM ENFORCEMENT TRACKING REPORT '/ Issuer Field Rep. i�.SL�y S�'�E-�' �1 ViolaUonBaseNo. A B C D LPO ❑ CI �7((7-(3 Violated Permit No. LPJ h3'eR riE --Cv rl r� (Ifapplluble) Violation Description Was activity permittable7 Yes I No Initial Discovery Date 1,'SA,4 nS DiscoveryMethod T Violation Description vF A 3k sK., t PS' 6a1-rrl0Tc;?-r , T- t1a ^ova _e cz -1kL . Prior Violations in same AEC:ONO No RespondentName(s) M-9yoct>0 $EASLeLZ - Address � o B-21K 3 4 cityLge.e-r ,2 State ta C. Zip 2-7R2`1- Phone#LL>2)35-6-41-5 Fax# Email Violation Type: No Permit Permit Condition Expired Permit ❑ Inconsistent wl Rules Project Type: Private/Community Govt./Public ❑ Commercial Authorizations Required: Major CAMA Minor D&F ❑ General site Visits Respondent Present J A I o S ---_._ ❑ Site Visits Respondent Present ❑ n Violation Location and Site Description Rover File — Project Location: County 1 l-� 4�0 . Street Address/ State Road/ Lot #(s),_v rT St? ,_.1 3.3_____.„___,. .... ---..... _........ _..... _..--_.... _.._.................... _.................... ... City i Jtrc� A1� ZIP �7-7q2_ - Phone# (_) River Basin r 0a(,,.,A411 Adj. Wtr, Closest Maj, Wtc Body Shoreline Length -1 3c, S SAV: Not Sure Yes N Sandbags: Not Sure Yes t"Tlo PNA: Yes No Adjacent ORW: Yes o Adjacent Crit. Hab. Yes No Photos Yes Waiver Required YesIn to DWQ Buffer Area Yes Restoration Extension Granted Yes No 7) I,'{-- NOV Date )0 5A 1 DS Initial Req. Comp, Date —t_l A—_..._ Restoration Letter CNOV Date i� a Date Comp. Observed Acceptance Date Penalty Assessment Sent to Respondent Date Rcvd. by Dist. Mgr. Date Assessment Extended Yes App./Permit Fee Penalty No Willfullintent. Continuing Other 71.040g DCMAsses$ so.odS #Recamm.Assess. $ _Total - 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 __.__...__—_ ❑ Respondent not responsive to penalty/NOV ❑ Injunction to complete restoration Date Collection Let. Sent Violation Activities and Impacts AECs Affected: �� l .1 ES OEA OE HF U i BA PWS: FC: Restoration Required by the Respondent Date Demand Let. Sent Wetlands Impacted? Yes /(s) PTS N/A SA DS cl SY JR SS SC SP 404 Yes / No If yes, which types: LS TY Dimensions In excess of permid unauthorized activities Dimensions to restore Final dimensions allowed Actually restored ,a L !t"L Irn s„J = PILc v HT s4l 1-1rrT nrm'"' 5.1 e O, Lt? L,rr l .a . __ • • E i'�r j�i dl..;; 3 '� *I RILE Of i! k!a %W —A NOTES: M2" If- P'klK wAti 14,s"e-rp -Pfl iLt�t-nu r� s ?l Yti7t �' .sysYo�v+ A-60 2. 'ifis*�S�,Ps. MR.. Plea Sti t'ti .rr-DOran A Ct lit TRA r1J K L - At '�, 1'�"r�X.E "T}it S � b MY 3!2-AS L-Gy 5 '2. 1�0V 1V4 'T?4l aS'f ugR-i rlE wg-T ��YL A-,Jr� _ LLhti-1_e- 712.4s 42.EF2' AEC. NA FL 1�7GA:e% WAS Acs0%6r0173 $��j'D.`�'' LJ'J 22 IrU✓ 19A3 _ .__♦ ors ...r...,'1 IT- f 4 � 'rz �,_v_,ko An .ACV C"S . e` ) /n1/J Closing Payment Received c Date Date Case Closed �aoicNSWte North Carolina Department of Environment and Natural Resources 05-02s Division of Coastal Management Michael F. Easley, Governor Charles S. Jones, Director William G. Ross, Jr., Secretary NOTICE OF VIOLATION 10 January 2005 CERTIFIED MAIL 7003 3110 0002 0603 1665 RETURN RECEIPT REQUESTED Mr. Wood Beasley III P.O. Box 38 Colerain, North Carolina 27924 Dear Mr. Beasley: This letter confirms that on 6 January 2005, Terry Moore, District Manager, Division of Coastal Management, and I, were onsite your property located off SR 1335, on the Chowan River near Colerain in Bertie County, North Carolina. The purpose of our visit was to monitor work authorized by CAMA General Permit No. 37117-B, which was issued to you on 23 February 2004. 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 N.C. Department of Environment and Natural Resources. This requirement is imposed byN. C. General Statute (herein abbreviated N, C. G. S.) 113A-118. Information I have indicates that you have undertaken, or are legally responsible for the unauthorized construction of a j et ski/small boatlift at the waterward end of your pier. CAMA General Permit No. 37117-B authorized you to reconstruct/replace a 6' x 18 6'pier with a 22' x 14' L- Head platform, 4' x 16finger, pier,1 F x 12' boatlift and one wet boat slip. The number of fixed boat .slips permitted was two. The addition of the jet ski/small boat lift brings the total number of fixed slips to three. You have failed to comply with Specific Condition 15 NCAC 07H .2505(a) of the aforementioned permit that states in part, "No structural enlargement or additions shall be allowed". This unauthorized activity took place within Estuarine Water and Public Trust Area of the Chowan River. Estuarine Water and Public Trust Area are both designated Areas of Environmental Concern (AECs) and the permit was not issued for the development you undertook in these areas. 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. 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 943 Washington Square Mall, Washington, North Carolina 27889 Phone:252-945.8481 1 FAX:252-948-0478 1 Intemetwwnxoastalmanagementnetl .,...__.... ,..,. e__..-. y'--— eel(n_-._,_n I�o `hCarolina Ammally Mr. Wood Beasley III 10 January 2005 Page Two 05-02B 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 civil assessment 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 N. C. Administrative Code 7H. State Guidelines for Areas of Environmental Concern, the addition of the jet ski/small boat lift could have been permitted via the CAMA Major Permit process; therefore, no restoration or structural modification will be required by this Division. Thank you for your time and cooperation in resolving this matter. If you have any questions about this or related matters, please call meat (252) 948-3853. Pending an enforcement report to be submitted, you will be notified as to the amount of a civil assessment for undertaking development without the proper permits. cS1 rely, R. Kelly Spivey�� Coastal Management Representative Division of Coastal Management Washington Regional Office c:' `Terry E. Moore- District Manager, Washington Office, DCM Ted Tyndall.- Assistant Director, DCM Roy Brownlow - Enforcement Coordinator, DCM Raleigh Bland -'U.S. Army Corps of Engineers, Washington Office Y "FUNCTION=> A-------DCM ENFORCEMENT PRIMARY VIOLATOR INFORMATION --------- RRD210 CASE: 050002B PERMIT #: CONSULTANT: SPIVEY NAME: BEASLEY, III WOOD ADDR: POST OFFICE BOX 38 CITY: COLERAIN STATE: NC ZIP: 27924 PHONE: 252 356 4129 CNTY: BERTIE NEAREST WATER BODY: CHOWAN RIVER ST PLANE X: LPO : LOCALITY: OFF SR 1335, NEAR COLERAIN ST PLANE Y: VIO DESC: CONSTRUCTION OF A JET SKI LIFT WITHOUT PERMIT. BRINGS TOTAL NUMBER OF : SLIPS TO THREE NOV SENT: 01 10 05 VIOLATION: MAJOR: Y MINOR: PERM COND: Y CAMA: Y D&F: RESTORE : N REQUESTED: COMPLETED: ESTUARY: Y PUB TRST: Y SHORELINE: OCEAN HZ: OTHER: PRI NURS: ORW: WETLANDS: N SA: DS: CJ: SY: JR: LS: TY: SS: SC: SP: IF: BF: WS: MF: TYPE EXCAVATE FILLED RESTORE OTHER TYPE 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: PFI=HELP PF2=MAIN MENU PF3=ENFORCEMENT MENU PF4=PREV SCREEN PFS=VIOLATOR COPYDCM ENFFOORRCCfEwMENT REPORT 3 c� p0p)f Case #: 95 Permit #: Consultant: 0 W • Name: 3ooD Rc.s\eti Z Address: 1'0 \Sex -Sb City: Co\emc kc-� State: W-- Zip: 27`\Z`1 Phone #: Nkr%) N5b- Z5-)Z County: e- Nearest Water Body: State Plane X: Z ,(43 Z00 dlr 50. I335 n¢� C`a zero LPO: N (i Locality: k'e.,V .T" o& Cobro, 0ez', State Plane Y: clok 4`00 (� CG�C'Gwr Ci4C.aY ��Q�' f1'y 4f^. Vio Desep: \,,.arc • aaD gee\ccame � oS a � 305� \nZ.�,� c-Q as u-J\ c5 tus-, X'Sq \Rx sue•\\4.� 10 d�Kv� w�+^�- ti on.c�F� 2��+ +. � NOV Sent: y /o.r/93 Violation: Major:,_ Minor: Perm (Fond Restore: N A Requested: (Yv/No) (Ma) (Day) (Yr) Estuary: X Pub Trst: _X_ Shoreline: ),�- Ocean Hz: _ Other: Wetlands: NFlo (Yu/Na) _ 'tAMA:X_ D&F: Completed: (Mo) (Day) (Yr) Pri Nurs: _ ORW: SSA: DS: CJ: SY: JR: LS: TY: SS: SC: SP: IF: BF: •AS: MF: TYPE (AEC) EXCAVATE (Sq.R.) FILLED (Sq.R) RESTORE (Sq.R.) OTHER (Sq.,R.) �S '-lla 4lU ******* ASSESSMENT & DISPOSITION ******* Recommended Assmt: $ 150 •120 References: 7J.0409 Criteria: Report Rcvd: 44 1 20\/ 4.3 Assessed: $� To AG:& /o/ /o 1 To Violator: / / J Payment Received: $ /S D`� On: // d 9/ 9 Case Closed: // U 9 / 9. # Of Violators: �_ Total Assessment: $_ S7L� Total Received: $ /S4 REVISED: 12/92