HomeMy WebLinkAbout05-15B GodwinDCM ENFORCEMENT TRACKING REPORT
(� ✓ Issuer
Field Rep. ' /Gl%G �iViela:.,n B,'+ No.
_ A C D
LPO
Violated Permit No._T
LPJ (eappiceale)
Violation Descriptio Was activity pe mittable / 190
Initial Discovery Date � ' Discovery
Method fX, /
Violation Description
Prior
Phone
Fax #
Yes / yo � -
State 0 � Zip,` ;?5,—FA::'
Email
Violation Type: Project Type: Authorizations Required: Site Visits Respondent Site Visits Respondent
�] No Permit ❑ Present Present Private/Community � Major � CAMA �}�j'`r ❑ ❑
❑ Permit Condition t❑r�I GovL/Pubiic ❑ Minor ❑ D&F ❑ ❑
Expired Permit 9 Commercial LJ General ❑ ❑
❑ Inconsistent wl Rules
Violation Location and Site Description Rover File .. .
Project Location: County
Street Address) State Road/ Lot #(s)�iC
Phone# (_)-gfQ
Adj. Wtr. Body—,(aK
Closest Maj. Wtr. Body
Restoration
NOV Date
CNOV Date
Penalty Assessment
Sent to Respondent Date
Rcvd by DCM Date —
Assessment Extended Yes
ZIP_
River Basin
i
Initial Req. Comp. Date
Shoreline Length
SAV: Not Sure
Yes
Sandbags: Not Sure
Yes
PNA:
Yes
ORW:
Yes
Crit. Hab.
Yes
Photos
Yes
Waiver Required
Yes
In DWQ Buffer Area
Specify DWQ Buffer If applicable:
Date Comp. Observed
71.0409
App./Permit Fee
Penalty
No -
WilifuUintent ntinuing Co
Other
Extension Granted Yes
Restoration Letter
Acceptance Date
Adjacent
Adjacent
No
Ref.
-Recomm. Assess.
DCM Assess.
E
E
eD
$
$
S
S
S
E
E
S
Total
Formal Assessments, Appeals and Reductions
Date Long Form Submitted
Date Formal CPA Submitted
Final Assessment
Attorney General's Office for Injunction or Formal Collection
Assessment Appealed. Yes No
❑ Penalty modified
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 Affect ad: Wetlands Impacted? Yes / 6D If yes, which types:
CW EW PTA ES PTS
OEA HHF IH SA DS CJ IF 4 - JR TY
PWS: FC: SS SC SP IF BF 04
Other:
Restoration Required by the Respondent Yes / No
Dimensions In excess
of permit/ unauthorized activities
Dimensions to restore
Final dimensions
allowed
Actuallyrestored
I Devetopm nt Activities
/
�.
3
Habitat Description
Closing
Payment Received S Date �U i9 �J Date Case Closed
2i
AMA.
NCDENR
North Carolina Department of Environment and Natural Resources
Division of Coastal Management
Michael F. Easley, Governor
Mr. Richard Godwin
Bon -Ric, LLP
Post Office Box 607
Selma NC 27576
Charles S. Jones, Director
28 October 2005
William G. Ross Jr., Secretary
RE: Payment of Proposed Penalty for Violations of the Coastal Area Management Act
Hyde County
CAMA Violation #05-15B
Dear Mr. Godwin:
This letter will acknowledge receipt of your Check #1803, in the amount of $350, and dated 19 October
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 me at the Washington Regional
office, (252)-948-3851.
Sincerely,
Terry E. Moore
District Manager
c: Ted Tyndall, Assistant Director
Roy Brownlow, Compliance Coordinator
Steven J. Trowell, Coastal Management Representative
ICo` Carolina
943 Washington Square Mall, Washington, North Carolina 27889 aturatlil
Phone: 252-946-6481 \ FAX: 252-948-0478 \ Internet: www.nccoastalmanagement.net
Bon -Ric, L.L.P.
c/o Mr. Richard Godwin
17 October 2005
Page 3
CAMA VIOLATIONS #05-15B
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 seMc , committed on my property located, off SR
1116, adjacent Lake Landing Canal (Grays Ditch), off Wysocking Bay/Pamlico Sound, near
Engelhard, in Hyde County, North Carolina. In order to resolve these matters with no father action
or expense on my part, I, Richard Godwin, Bon -Ric, L.L.P., accept s responsibility for the violations
as described in the Notice of Violation letter dated 1 September 2005, and agree to pay the proposed
civil assessment of $350.
DATE
ADDRESS
,��JM —
TELEPHONE NUMBER
PIMA
NCDENR City oc
North Carolina Department of Environment and Natural Resources Y M
Division of Coastal Management
Michael F. Easley, Governor Charles S. Jones, Director William G. Ross Jr., Secretary
28 October 2005
MLSB _&5RB
Mr. Richard Godwin TB _&_RB
Bon -Ric, LLP MTT
Post Office Box 607
Selma NO 27576
RE: Payment of Proposed Penalty for Violations of the Coastal Area ManagementAct
Hyde County
CAMA Violation #05.15B
Dear Mr. Godwin:
This letter will acknowledge receipt of your Check #1803, in the amount of $350, and dated 19 October
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 me at the Washington Regional
office, (252)-948-3851.
Sincerely,
Terry E. Moore
District Manager
c: Vied Tyndall, Assistant Director
Roy Brownlow, Compliance Coordinator
Steven J. Trowell, Coastal Management Representative
�,�Caroal�
i a
943 Washington Square Mall, Washington, North Carolina 27889 �vatur�
Phone: 252-946-6481 \ FAX: 252-948-0478 \ Internet: www.nccoastalmanagement.net
Bon -Ric, L. L.P.
Mr
c/o . Richard Godwin
17 October 2005
Page 3
CAMA VIOLATIONS #05-15B
f. .
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 my property located, off SR
1116, adjacent Lake Landing Canal (Grays Ditch), off Wysocking Bay/Pamlico Sound, near
Engelhard, in Hyde County, North Carolina. In order to resolve these matters with no further action
or expense on my part, I, Richard Godwin, Bon -Ric, L.L.P., accept s responsibility for the violations
as described in the Notice of Violation letter dated 1 September 2005, and agree to pay the proposed
civil assessment of $350.
DATE
ADDRESS
YU C a -1 �74
si19- C?& -9. 4
TELEPHONE NUMBER
DCM ENFORCEMENT TRACKING REPORT
Field Rep. - �/%/ j� Vielat an Base No.
A CW C D
LP Violated Permit No._�
' LPJ (x applicable)
Violation Descriptio _ Was activity pe mittableCYas o /
Discovery
Initial Discovery Date D> rY Method
Violatio Description
Prior Violations -in pme AEC:. Yes/ t o ,
Responds Name) -- r - I .. Vv. vim• --••-•__._.
y " State �� Zipa7�7�
Address
Phone # % G �Fax #
Email
Violation Type: Project Type: Authorizations Required: Site Visits Respondent Site Visits Respondent
(�
XNo Permit ❑ Privatelcommunity Z Major ;K Present Present CAMA f1�j j� r— ❑ ❑
❑ Permit Condition ❑ Govt.IPublic ❑ Minor ❑ D&F ❑ ❑
u Expired Permit Commercial ❑ General ❑ ❑
❑ Inconsistent wl Rules
Violation Location and Site Description Rover File
Project Location: County
Street Address/ State Road/ Lot #(s)
City r��/
Phone # (_) .vim
Adj. Wm Body
Closest Maj. Wtr. Body
Restoration r
NOV Date
CNOV Date
Penalty Assessment
Sent to Respondent Date
Rcvd by DCM Date —
ZIP -
River Basin
Initial Req. Comp. Date
Date Camp. Observed
Assessment Extended Yes No -
Shoreline Length
SAV: Not Sure
Yes
Sandbags: Not Sure
Yes
PNA:
Yes
ORW:
Yes
Crit. Hat.
Yes
Photos
Yes
Waiver Required
Yes
In DWQ Buffer Area
Specify DWQ Buffer if applicable:
71.0409 Ref.
Adjacent
Adjacent
Extension Granted Yes No
Restoration Letter
Acceptance Date -
Recomm. Assess. FDCM Assess.
App./Permit Fee
U Is
$
Penalty
$
$
Willfullintent I
$
$
Continuing I
S
$
I Other
Total
i A
PWA
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
28 October 2005
Mr. Richard Godwin
Bon -Ric, LLP
Post Office Box 607
Selma NC 27576
RE: Payment of Proposed Penalty for Violations of the Coastal Area Management Act
Hyde County
CAMA Violation #05-15B
Dear Mr. Godwin:
This letter will acknowledge receipt of your Check #1803, in the amount of $350, and dated 19 October
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 me at the Washington Regional
office,(252)-948-3851.
Sincerely,
Terry E. Moore
District Manager
c: Ted Tyndall, Assistant Director
oy Brownlow, Compliance Coordinator
Steven J. Trowell, Coastal Management Representative
t���` ,Caro ina
943 Washington Square Mall, Washington, North Carolina 27889 ?Vatmra�ly
Phone: 252-946-6481 \ FAX: 252-948-0478 \ Internet: www.necoastalmanagement.net
Bon -Ric, L.L.P.
Mr
c/o . Richard Godwin
17 October 2005
Page 3
CAMA VIOLATIONS #05-15B
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 s g, committed on my property located, off SR
1116, adjacent Lake Landing Canal (Grays Ditch), off Wysocking Bay/Pamlico Sound, near
Engelhard, in Hyde County, North Carolina. In order to resolve these matters with no further action
or expense on my part, I, Richard Godwin, Bon -Ric, L. L.P., accept s responsibility for the violations
as described in the Notice of Violation letter dated 1 September 2005, and agree to pay the proposed
civil assessment of $350.
DATE
ADDRESS
`S, , IV C a7�7-6
a19-
TELEPHONE NUMBER
11
BB - B
MTT
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
17 October 2005
CERTIFIED MAIL 7003 3110 0002 0608 6610
RETURN RECEIPT REQUESTED
Bon -Ric, L.L.P.
c/o Mr. Richard Godwin
Post Office Box 607
Selma, North Carolina 27576
RE: CANA VIOLATION #05-15B
Dear Mr. Godwin:
P1 i. C7-Z%Tlqj
5,1005
Morehead City DCM
This letter is in reference to Notice of Violation No. 05-15B dated I September 2005 that
Steven J. Trowell, representative for the Division of Coastal Management, issued to you for
unauthorized development in violation of the Coastal Area Management Act. Notice of Violation
#05-15B resulted from the unauthorized grading of approximately ±85,500 ft2 ofEstuarine Shoreline
onsite your property located off SR 1116, adjacent Lake Landing Canal (Grays Ditch) off
Wysocking Bay/Pamlico Sound, near Engelhard, in Hyde County, North Carolina. The grading of
the Estuarine Shoreline was part of a project that included the overall grading of f2.5 acres. These
unauthorized activities took place within the Estuarine Shoreline Area of Environmental Concern
(AEC). Estuarine Shoreline is a designated Area of Environmental Concern and no permit was
issued to you for work in this area. Therefore, I conclude, that you are in violation of the Coastal
Area Management Act.
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 Resource Commission, a proposed civil penalty in the amount
of $350 is appropriate for this violation. You may expeditiously resolve these matters before the
assessment of a formal civil penalty by accepting responsibility for the violation and paying the
amount proposed of $350. 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.
943 Washington Square Mall, Washington, North Caroline 27889
Phone: 252-946-6481 l FAX: 252-948-0478 1 Internet: www.nccaastalmeneaementneV
No" Cam'na
0
Bon -Ric, L.L.P.
c/o Mr. Richard Godwin
17 October 2005
Page Two
NOV# 05-15B
If you do not send a signed agreement and payment to this office within ten (10) days, the
Director of the Division of Coastal Management will formally assess a civil penalty against you.
You will then have the opportunity to request a hearing on the penalty or request remission of the
penalty.
Thank you for your time and cooperation in resolving this important matter. If you have any
questions, please do not hesitate to contact me at (252) 948-3851.
Sincerely,
Terry Moore, District Manager
Division of Coastal Management
Enclosures
c: Ted Tyndall - Assistant Director, DCM
Steve Trowell — Coastal Management Representative, DCM
Roy Brownlow — Enforcement Coordinator, DCM
Kyle Bames - Division of Water Quality, Washington Office
Pat McClain - Regional Engineer, Washington Regional Office, DLR
943 Washington Square Mall, Washington, North Carolina 27889
Phone: 252-946-6481 \ FAX: 252-975.3716 \ Internet www.nccoastalmanagementnet
An Eoual O000rtunity \ Affirmative Action Emolover — 50% Recvcled \ 10% Post Consumer Pacer
Bon -Ric, L.L.P.
,c/o Mr. Richard Godwin
°t 17 October 2005
Page 3
CAMA VIOLATIONS #05-15B
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 sec , committed on my property located, off SR
1116, adjacent Lake Landing Canal (Grays Ditch), off Wysocking Bay/Pamlico Sound, near
Engelhard, in Hyde County, North Carolina. In order to resolve these matters with no further action
or expense on my part, I, Richard Godwin, Bon -Ric, L.L.P., accept s responsibility for the violations
as described in the Notice of Violation letter dated 1 September 2005, and agree to pay the proposed
civil assessment of $350.
DATE
SIGNATURE
ADDRESS
TELEPHONE NUMBER
0
4
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
17 October 2005 i
CERTIFIED MAIL 7003 3110 0002 0608 6610 f
RETURN RECEIPT REQUESTED Mp l `'pU5 0 ts'
Bon -Ric, L.L.P.
c/o Mr. Richard Godwin
Post Office Box 607
Selma, North Carolina 27576
RE: CAMA VIOLATION #05-15B
Dear Mr. Godwin:
This letter is in reference to Notice of Violation No. 05-15B dated I September 2005 that
Steven J. Trowell, representative for the Division of Coastal Management, issued to you for
unauthorized development in violation of the Coastal Area Management Act. Notice of Violation
#05-1513 resulted from the unauthorized grading of approximately ±85,500 f 2 ofEstuarine Shoreline
onsite your property located off SR 1116, adjacent Lake Landing Canal (Grays Ditch) off
Arysocking Bay/Pamlico Sound, near Engelhard, in Hyde County, North Carolina. The grading of
the Estuarine Shoreline was part of a project that included the overall grading of±2.5 acres. These
unauthorized activities took place within the Estuarine Shoreline Area of Environmental Concern
(AEC). Estuarine Shoreline is a designated Area of Environmental Concern and no permit was
issued to you for work in this area. Therefore, I conclude, that you are in violation of the Coastal
Area Management Act.
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 riles of the Coastal Resource Commission, a proposed civil penalty in the amount
of $350 is appropriate for this violation. You may expeditiously resolve these matters before the
assessment of a formal civil penalty by accepting responsibility for the violation and paying the
amount proposed of $350. 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.
943 Washington Square Mall, Washington, North Caroline 27889
Phone: 252-946-6481 1 FAX: 252-948-0478 1 Internet: www.nccoastalmenacennent.netl
N Caro ina
iwumlly
Bon -Ric, L.L.P.
c/o Mr. Richard Godwin
17 October 2005
Page Two
NOV# 05-15B
If you do not send a signed agreement and payment to this office within ten (10) days, the
Director of the Division of Coastal Management will formally assess a civil penalty against you.
You will then have the opportunity to request a hearing on the penalty or request remission of the
penalty.
Thank you for your time and cooperation in resolving this important matter. If you have any
questions, please do not hesitate to contact me at (252) 948-3851.
Sincerely,
0
Terry Moore, District Manager
Division of Coastal Management
Enclosures
c: \Ved Tyndall - Assistant Director, DCM
Steve Trowell — Coastal Management Representative, DCM
Roy Brownlow — Enforcement Coordinator, DCM
Kyle Barnes - Division of Water Quality, Washington Office
Pat McClain - Regional Engineer, Washington Regional Office, DLR
943 Washington Square Mall, Washington, North Carolina 27889
Phone: 252-946-64811FAX: 252-975-37161Internet www.nccoastalmanagementnet
An Eaual 0000rtunity 1 Affirmative Action Emolover — 50% Reovoled 110% Post Consumer Pacer
i
Bon -Ric, L.L.P.
.c/o Mr. Richard Godwin
17 October 2005
Page 3
CAMA VIOLATIONS #05-15B.
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 AreaManagement Act, NCGS 113A-100 et seMc , committed on my property located, off SR
1116, adjacent Lake Landing Canal (Grays Ditch), off Wysocking Bay/Pamlico Sound, near
Engelhard, in Hyde County, North Carolina. In order to resolve these matters with no further action
or expense on my part, I, Richard Godwin, Bon -Ric, L.L.P., accept s responsibility for the violations
as described in the Notice of Violation letter dated 1 September 2005, and agree to pay the proposed
civil assessment of $350.
DATE
SIGNATURE
ADDRESS
TELEPHONE NUMBER
JAI SB
- --- TB
-*-MTT
. AvoxB k
,RB
DCM ENFORCEMENT TRACK!NG REPORT
�~ Field Rep, Vielati?r. 6.se No. _
_ A —C D
LPO
Violated Permit No.
LPl (x app kao e)
Violation Description _ tion Was activity pe mittable�Yav/ o
Initial Discovery Date Discovery Method
7
Violatiol Desc ri tion G #V-,24!
Prior
Phone
Email _
;ame EC: Yes 1
Y
y'
Fax #
State �G Zip
Violation Type:
Project Type:
Authorizations Required:
Site Visits Respondent
Site Visits Respondent
No Permit
OK
❑ Private/Community
X Major � CAMA
❑
_. Present
,=�J���1= ❑
Present
❑
jJ Permit Condition
❑ GovtlPublic
❑ Minor D&F
❑
❑
Lrj Expired Permit
Commercial
❑ General
❑
❑
❑ Inconsistent wl Rules
Violation Location and Site Description
Rover File
Project Location: County .. v Shoreline Length riry4�70
Street Address/ State Road/ Lot #(s)�iC SAv: Not sure Yes No
Sandbags: Not Sure Yes No
pNA: Yes No Adjacent
Subdivision ORW-. Yes No Adjacent
i
City e-ZIP Crit. Hab. Yes No
Phone # (_)1 Ft River Basin r �m Photos Yes No
Adj. Wtr. Body C6r Waiver Required Yes No
/. So��� In DWQ Buffer Area
Closest Maj. Wtr Body m �^ —
Specify DWQ Buffer if applicable:
Restoration / Extension Granted Yes No
NOV Dates Initial Req. Comp. Date
— Restoration Letter
CNOV Date -- Date Comp. Observed Acceptance Date
Penalty Assessment 71.0409 Ref. Recomm. Assess. DCM Assess.
Sent to Respondent Date EApp.lPermit
Fee s s $ $
Rcvd by DCM Date
Willfullintent. I $
$
Assessment Extended Yes No s $
Continuing
Other i I $ $
Total
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. ❑ Respondent 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 / (9D If yes, which types:
CW EW PTA ES PTS
OEA • HHF IH 5A DS CJ ALS TY
IF 4
SS SC SP IF BF 04
PWS: FC:
Restoration Required by the Respondent Yes / No
Dimensions in excess
of permit/ unauthorized activities
Dimensions to restore
Final dimensions
allowed
Actually restored
j Development Activities
I
I Habitat Description
4
Closing
Payment Received S Date Date Case Closed
05-15s
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
1 September 2005
CERTIFIED MAIL 7003 3110 0002 0608 6542
RETURN RECIEPT REQUESTED
Bon -Ric, L.L.P.
c/o Mr. David R. Godwin
Post Office Box 607
Selma, North Carolina 27576
Dear Mr. Godwin:
This letter confirms that on 22 August 2005 I was onsite your property located off SR 1116
adjacent Lake Landing Canal (Grays Ditch) off Wysocking Bay, Pamlico Sound, near Engelhard in
Hyde County, North Carolina. The purpose of this onsite inspection was to investigate unauthorized
grading on the aforementioned property. This letter also confirms my messages left with your
secretary in an attempt to discuss this matter with you.
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 grading of approximately ±85,500 ft2 of Estuarine Shoreline. Estuarine
Shoreline is defined in part, as the area extending landward from the normal water level along
Estuarine Water for a distance of 75'. Estuarine Shoreline is a designated Area of Environment
Concern (AECs) and no permit was issued to you for development in this area. The grading of the
Estuarine Shoreline was part of a project that included the overall grading of f2.5 acres. 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 to
$2,500. An injunction or criminal penalty may also be sought to enforce any violation. N.C.G.S.
113A-126
Carolina
943 Washington Square Mall, Washington, North Carolina 27889 Vantrally
Phone: 252-946-6481 1 FAX: 252-948-0478 1 Internet www.ncccastalmanacement.nell
6-
Bon-Ric, L.L.P.
c/o Mr. David R. Godwin
1 September 2005
Page Two
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 filling and grading activity you have undertaken within the Estuarine Shoreline is
consistent with Section .0209 and could have been permitted through the CAMA Major Permit
process. Although at the time of my inspection, none of the disturbed areas had eroded into the
adjacent waterbody, there is potential for off site discharge of sediments. I encourage youto contact
Ms. Allison Ward with the Division of Land Resources in the Washington Regional Office, (252)
948-3857, reference intermediate and permanent soil stabilization measures. I also encourage you to
contact Kyle Barnes, (252) 946-6481, reference the Tar/Pamlico River Basin Buffer Rule
requirements.
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) 948-3854. 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.
Sincerely,
Steve J. Trowell
Coastal Management Representative
Division of Coastal Management
Washington Regional Office
c:, Terry E. Moore- District Manager, Washington Office, DCM
\ Ted Tyndall - Assistant Director, DCM
oy Brownlow — Enforcement Coordinator, DCM
Pat McClain - Regional Engineer, Washington Regional Office, DLR
Kyle. Bames — Division of Water Quality, Washington Regional Office
05-15B
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
1 September 2005
CERTIFIED MAIL 7003 3110 0002 0608 6542
RETURN RECIEPT REQUESTED
Bon -Ric, L.L.P.
c/o Mr. David R. Godwin
Post Office Box 607
Selma, North Carolina 27576
Dear Mr. Godwin:
This letter confirms that on 22 August 2005 I was onsite your property located off SR 1116
adjacent Lake Landing Canal (Grays Ditch) off Wysocking Bay, Pamlico Sound, near Engelhard in
Hyde County, North Carolina. The purpose of this onsite inspection was to investigate unauthorized
grading on the aforementioned property. This letter also confirms my messages left with your
secretary in an attempt to discuss this matter with you.
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.) I I3A-118. Information I have indicates that you have undertaken, or are legally responsible
for the unauthorized grading of approximately ±85,500 ft= of Estuarine Shoreline. Estuarine
Shoreline is defined in part, as the area extending landward from the normal water level along
Estuarine Water for a distance of 75'. Estuarine Shoreline is a designated Area of Environment
Concern (AECs) and no permit was issued to you for development in this area. The grading of the
Estuarine Shoreline was part of a project that included the overall grading of f2.5 acres. 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 to
$2,500. An injunction or criminal penalty may also besought to enforce any violation. N.C.G.S.
113A-126
943 Washington Square Mall, Washington, North Carolina 27889 t�° Cam4(i(p�a
Phone: 252-946-6481 1 FAX: 252-948.0478 1 Internet w .n=astslmanaaementnell tUCQf'
e
Bon -Ric, L.L.P.
c/o Mr. David R. Godwin
1 September 2005
Page Two
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 filling and grading activity you have undertaken within the Estuarine Shoreline is
consistent with Section .0209 and could have been permitted through the CAMA Major Permit
process. Although at the time of my inspection, none of the disturbed areas had eroded into the
adjacent waterbody, there is potential for off site discharge of sediments. I encourage you to contact
Ms. Allison Ward with the Division of Land Resources in the Washington Regional Office, (252)
948-3857, reference intermediate and permanent soil stabilization measures. I also encourage you to
contact Kyle Barnes, (252) 946-6481, reference the Tar/Pamlico River Basin Buffer Rule
requirements.
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) 948-3854. 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.
Sincerely,
Steve J. Trowell
Coastal Management Representative
Division of Coastal Management
Washington Regional Office
c\rTed
Terry E. Moore- District Manager, Washington Office, DCM
Tyndall - Assistant Director, DCM
Roy Brownlow — Enforcement Coordinator, DCM
Pat McClain - Regional Engineer, Washington Regional Office, DLR
Kyle. Bames — Division of Water Quality, Washington Regional Office
20-Sep-05 NC DIVISION OF COASTAL MANAGEMENT ENFORCEMENT RECORD
CASE STATUS!
CASE NUMBER LAST NAME FIRST NAME BUSINESS NAME:
• CASE IS OPt�I 05-15B IGODWIN DAVID R. BON-RIC, L.L.P.
CASE IS CLOSED
Previous Violations in Same AEC
NOV DATE CLOSURE DATE Elapsed Days AFFLILIATION SECTOR I I for Similar Activities
51i2il0 ii r 19 PROPERTYOWNE COMMERCIAL
MAILING ADDRESS CITY STATE ZIP CODE PHONE NUMBER
POB 607 SELMA NC 27576- (919) 965-9504
PROPERTY ADDRESS COMMUNITY WATERBODY NEAREST ROAD
ENGELHARD WYSOCKING BAY SR 1116
DISTRICT OFFICE COUNTY DCM REPRESENTATIVE LPO CONTACT
WARO HYDE ITROWELL I
VIOLATION TYPE
MAJOR CAMA
NATURE OF VIOLATION
adjacent to Wysocking Bay, Pamlico
AFFECTfI}AfEC(Sj '-� CW
_J OEA
AEC DESCRIPTION
LRFESTORATION STATUS ----------------
Li' RESTORATION NOT REQUIRED - CONTRACTOR
,JI RESTORATION NOT REQUIRED - PERMITTABLE DEVELOPMENT
1RESTORATION NOT REQUIRED -FURTHER IMPACTS
❑ RESTORATION PENDING
LTY STATUS
❑ PENALTY ISSUED
❑ PENALTY NOT ISSUED
❑ CONRACTOR'S FIRST OFFENSE
�,'] EW [] PTA [%-11 ES
[] HHFA ;-] IRA �l PWS
sq
L,e PTS
NCRA
RESTORATION REQUEST DATE COMPLETION DATE
RESTORATION EXTENDED RESTORE DATE
DEADLINE r
EXTENDED
REFERRED TO AG'S OFFICE - COLLECTION
REFERRED TO AG'S OFFICE - INJUNCTION
(ASSESSMENT DATE PENALTY AMOUNT �C'OLLECT�ION DAT''E` AMOUNT COLLECTED
I �I
WILLFUL INTENTIONAL PENALTY (MIN. OR DOUBLED) LI CNOV ISSUED
SETTLED, AGREED UPON, OR STIPULATED PENALTY ❑ PENALTY APPEALED
UNCOLLECTIBLE PENALTY
Violations Involving Adversely Impacted Resources
AMOUNT OF ADVERSELY DISTURBED AREA (SQ. FT.) F—
AMOUNT OF RESTORED AREA (SO. FT) r+
NOTES
❑ FORMAL CPA ISSUED
see related case no. 05-16B Gibbs, Charles of Dark Woods Garms. Gibbs is contractor for Godwin.
04-Nov-05 NC DIVISION OF COASTAL MANAGEMENT ENFORCEMENT RECORD
CASE7O SBBER LAST GODW NME DIRST AV D R. ME BON REC, LSS NAM E:
') CASE IS CLOSED I Previous Violations in Same
AEC for Similar Activities
NOV DATE CLOSURE DATE Elapsed Days AFFLILIATION SECTOR
9/112005 64 PROPERTY OWNER COMMERCIAL
MAILING ADDRESS CITY STATE ZIP CODE PHONE NUMBER
POB 607 SELMA NC 27576- (919) 965-9504
PROPERTY ADDRESS COMMUNITY WATERBODY NEAREST ROAD
ENGELHARD JWYSOCKING BAY SR 1116
DISTRICT OFFICE COUNTY DCM REPRESENTATIVE LPO CONTACT
WARD 1HYDE ITROWELL �—
�� ❑ CW I I EW ❑ PTA IV] ES 1] PTS
VIOLATION TYPE
MAJOR CAMA
NATURE OF VIOLATION
AEC DESCRIPTION
Unauthorized major development by grading and land disturbing activity
AEC adjacent to Wysocking Bay, Pamlico Sound.
RESTORATION STATUS
I I RESTORATION NOT REQUIRED -CONTRACTOR
Idl RESTORATION NOT REQUIRED - PERMITTABLE DEVELOPMENT
J RESTORATION NOT REQUIRED - FURTHER IMPACTS
_. RESTORATION PENDING
❑ OEA I_I HHFA i_] IHA I_ I PWS I I NCRA
RESTORATION REQUEST DATE
I
ES
COMPLETION DATE
— RESTORATION EXTENDED RESTORE DATE
— DEADLINE
EXTENDED
REFERRED TO AG'S OFFICE - INJUNCTION
INJUNCTION DATE: F—
REFERRED TO AG'S OFFICE - COLLECTION
COLLECTION REQUEST DATE: F—
ASSESSMENT DATE PENALTY AMOUNT COLLECTION DATE AMOUNT COLLECTED
�NALTY STATUS 10/17/2005 1 $350 1 1
I] PENALTY ISSUED WILLFUL & INTENTIONAL PENALTY (MIN. OR DOUBLED)
PENALTY NOT ISSUED j... CNOV ISSUED CNOV DATE
[ CONRACTOR'S FIRST OFFENSE ] PENALTY APPEALED APPEAL DATE
FORMAL CPA ISSUED FORMAL CPA DATE
]. SETTLED. AGREED UPON, STIPULATED PENALTY F—SETTLEMENT DATE
I UNCOLLECTIBLE PENALTY F—UNCOLLECTIBLE DETERMINATION DATE
Violations Involving Adversely Impacted Resources
AMOUNT OF ADVERSELY DISTURBED AREA (SQ. FT.) F—
AMOUNT OF RESTORED AREA (SQ. FT)
NOTES
see related case no.
Dark Woods Garms. Gibbs is contractor
10-Nov-05 NC DIVISION OF COASTAL MANAGEMENT ENFORCEMENT RECORD
CASE NUMBER LAST NAME FIRST NAME BUSINESS NAME:
-�� 05-15B 1GODWIN DAVID R. BON-RIC, L.L.P.
;i CASE IS CLOSED Previous Violations in Same
❑ AEC for Similar Activities
NOV DATE CLOSURE DATE Elapsed Days AFFLILIATION SECTOR
9 1112005 � 57 1PROPERTY OWNER COMMERCIAL
MAILING ADDRESS CITY STATE ZIP CODE PHONE NUMBER
POB 607 SELMA NC 27576- (919) 965-9504
PROPERTY ADDRESS COMMUNITY WATERBODY NEAREST ROAD
ENGELHARD JWYSOCKING BAY ISR 1116
DISTRICT OFFICE COUNTY DCM REPRESENTATIVE LPO CONTACT
WARO HYDE ITROWELL
VIOLATION TYPE ❑ CW ❑ EW ❑ PTA WI ES (t(I PTS
MAJOR CAMA I I OEA [ I HHFA ❑ IHA ❑ PWS I I NCRA
NATURE OF VIOLATION
AEC DESCRIPTION
thonzed major development by grading and land dlsturDing activity
adjacent to Wysocking Bay, Pamlico Sound.
RESTORATION REQUEST DATE COMPLETION DATE
❑ RESTORATION NOT REQUIRED - CONTRACTOR RESTORATION EXTENDED RESTORE DATE
DEADLINE
❑J RESTORATION NOT REQUIRED - PERMITTABLE DEVELOPMENT EXTENDED
❑ RESTORATION NOT REQUIRED - FURTHER IMPACTS _. REFERRED TO AG'S —
OFFICE - INJUNCTION
INJUNCTION
❑ RESTORATION PENDING DATE: —
� REFERRED TOOAG'S OFFICE -COLLECTION
COLLECTION REQUEST DATE: r—
ASSESSMENT DATE PENALTY AMOUNT COLLECTION DATE AMOUNT COLLECTED
10/17/2005 $356/2005 0 10/2$350
PENALTY ISSUED WILLFUL & INTENTIONAL PENALTY MIN. OR DOUBLED)
PENALTY NOT ISSUED ❑ CNOV ISSUED CNOV DATE
I_ J CONRACTOR'S FIRST OFFENSE r I PENALTY APPEALED APPEAL DATE
r
r1 FORMAL CPA ISSUED 1 FORMAL CPA DATE
SETTLED. AGREED UPON, STIPULATED PENALTY r—SETTLEMENT DATE
C_ UNCOLLECTIBLE PENALTY 1--UNCOLLECTIBLE DETERMINATION DATE
Violations Involving Adversely Impacted Resources
AMOUNT OF ADVERSELY DISTURBED AREA (SO. FT.)
AMOUNT OF RESTORED AREA (SQ. FT)
NOTES
so see related case no. 05-16B Gibbs, Charles i