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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