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HomeMy WebLinkAbout05-04B FergusonNorth Carolina Department of Environment and Natural Resources 05-04B Division of Coastal Management Michael F. Easley, Governor Charles S. Jones, Director William G. Ross, Jr., Secretary 18 April 2005 Mr. Phil Ferguson 317 Camp Ranch Road Clyde, NC 28721 RE: Payment of Proposed Penalty for Violations of the Coastal Management Act Committed in Hyde County CAMA Violation No. 05-04B Dear Mr. Ferguson: This letter will acknowledge receipt of Check No. 3402 in the amount of $350, and dated 6 April 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 Steven J. Trowell, (252)-948-3854, at the Washington Regional office. Sin Terry E. Moore District Manager Division of Coastal Manaeement \ 1 Washington Regional Office c: tFed Tyndall — Assistant Director, DCM Roy Brownlow — Compliance & Enforcement Coordinator Steven J. Trowell - Coastal Management Representative. WaRO, DCM 943 Washington Square Mall, Washington, North Carolina 27889 Phone: 252-946-6481 1 FAX:252-948-0478 1 Internet www.nccoasaimanageme—ntnetr No ` Carolina Naturally An Equal Opportunity 1 Affirmative Action Employer— 50% Recycled 110% Post Consumer Paper w Phillip Ferguson 05-04B 16 March 2005 Page 3 CAMA VIOLATION# 05-04B AGREEMENT TO PAY PROPOSED CIVIL ASSESSMENT I understand that the staff of the Department of Environment and Natural Resources will propose the assessment of civil penalties in the amount of $350 against me for violations of the Coastal Area Management Act, NCGS 113A-100 et seq, committed on or near property owned by me and located off SR 1102, adjacent Jarvis Ditch, off Far Creek connected to Pamlico Sound, in the Town of Engelhard, Hyde County, North Carolina. In order to resolve these matters with no further action or expense on my part, I accept responsibility for the violations as described in the Notice of Violation letter dated 31 January 2005, and agree to pay the proposed civil assessment of $350. - 4 -01' DATE PHILLIP VERGUSON TELEPHONE NUMBER Q North Carolina Department of Environment and Natural Resources 05-04B Division of Coastal Management Michael F. Easley, Governor Charles S. Jones, Director William G. Ross, Jr., Secretary 18 April 2005 Mr. Phil Ferguson 317 Camp Ranch Road Clyde, NC 28721 �+�y RE: Payment of Proposed Penalty for Violations of the Coastal Management Act Committed in Hyde County CAMA Violation No. 05-04B Dear Mr. Ferguson: This letter will acknowledge receipt of Check No. 3402 in the amount of $350, and dated 6 April 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 Steven J. Trowell, (252)-948-3854, at the Washington Regional office. Sin Terry E. Moore District Manager Division of Coastal Management Washington Regional Office c: Ted Tyndall —Assistant Director, DCM oy Brownlow — Compliance & Enforcement Coordinator Steven J. Trowell - Coastal Management Representative, WaRO, DCM N""o��nnCarolina 943 Washington Square Mall, Washington, North Carolina 27889 Phone: 252-946-6481 1 FAX: 252-948-0478 1 Internet www.nccoastalmanagementnell An Equal opportunity 1 Affirmative Action Employer— 500b Recycled 110%Post Consumer Paper Phillip Ferguson 16 March 2005 Page 3 5-04B AGREEMENT TO PAY PROPOSED CIVIL ASSESSMENT I understand that the staff of the Department of Environment and Natural Resources will propose the assessment of civil penalties in the amount of $350 against me for violations of the Coastal Area Management Act, NCGS 113A-100 et seq, committed on or nearproperty owned by me and located off SR 1102, adjacent Jarvis Ditch, off Far Creek connected to Pamlico Sound, in the Town of Engelhard, Hyde County, North Carolina. In order to resolve these matters with no further action or expense on my part, I accept responsibility for the violations as described in the Notice of Violation letter dated 31 January 2005, and agree to pay the proposed civil assessment of $350. DATE PHILLIP rERGUSON TELEPHONE NL7 ER North Carolina Department of Environment and Natural ResourA vas Division of Coastal Management Michael F. Easley, Governor Charles S. Jones, Director William G. Ross, Jr., Secretary 16 March 2005 CERTIFIED MAIL #7003 3110 0002 0603 3300 RETURN RECEIPT REQUESTED Mr. Phillip Ferguson 317 Camp Ranch Road Clyde North Carolina 28721 RE: CAMA VIOLATIONS #05-04B Dear Mr. Furgeson: Morehead Crty This letter is in reference to Notice of Violation No. 05-04B dated 31 January 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, as well as the State's Dredge and Fill Law. Violation No.05-0413 resulted from the unauthorized filling of ±648 ft' of Coastal Wetlands while excavating in an existing ditch side casting the spoil in Coastal Wetlands. Coastal Wetlands are a designated Area of Environmental Concern (AECs) and no permit was issued to you for development in this area. Therefore, I conclude that you are in violation of the Coastal Area Management Act 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 prior to 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 Carolina 27889 Phone: 252-946b181 1 FAX: 252-948-0478 1 Internet v .nccoastalmanagementnel/ NorthCarolina Nllflll'lllly An Equal Opportunity 1 Affirmative Action Employer— 50% Recycled 110% Post Consumer Paper Mr. Phillip Ferguson 16March 2005 Page Two 05-04B 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. i Sincerely, Dss'L,G/ 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 Raleigh Bland — U.S. Army Corps of Engineers, Washington Office Tom Steffens - Division of Water Quality, Washington Office 943 Washington Square Mall, Washington, North Carolina 27889 Phone: 252-946-64811 FAX: 252-975-37161 Internet: www.nccoastalmanagementnet An Equal opportunity 1 Affirmative Action Employer— 50% Recycled 110% Post Consumer Paper Philip Ferguson 16 March 2005 Page 3 CAMA VIOLATION# 05-04B 05-04B Morehead Cii AGREEMENT TO PAY PROPOSED CIVIL ASSESSMENT - I understand that the staff of the Department of Environment and Natural Resources will propose the assessment of civil penalties in the amount of $350 against me for violations of the Coastal Area Management Act, NCGS 113A-100 et seq, committed on or near property owned by me and located off SR 1102, adjacent Jarvis Ditch, off Far Creek connected to Pamlico Sound, in the Town of Engelhard, Hyde County, North Carolina. In order to resolve these matters with no further action or expense on my part, I accept responsibility for the violations as described in the Notice of Violation letter dated 31 January 2005, and agree to pay the proposed civil assessment of $350. DATE PHILLIP FERGUSON ADDRESS TELEPHONE NUMBER Phillip Ferguson 16 March 2005 Page 4 CAMA VIOLATION# 05-04B AGREEMENT TO PAY PROPOSED CIVIL ASSESSMENT 05-04B 40 - - I understand that the staff of the Department of Environment and Natural Resources will propose the assessment of civil penalties in the amount of $350 against me for violations of the Coastal Area Management Act, NCGS 113A-100 et seq, committed on or near property owned by me and located off SR 1102, adjacent Jarvis Ditch, off Far Creek connected to Pamlico Sound, in the Town of Engelhard, Hyde County, North Carolina. In order to resolve these matters with no further action or expense on my part, I accept responsibility for the violations as described in the Notice of Violation letter dated 31 January 2005, and agree to pay the proposed civil assessment of $350. DATE PHILLIP FERGUSON ADDRESS TELEPHONE NUMBER North Carolina Department of Environment and Natural Resourcg-04B Division of Coastal Management Michael F. Easley, Governor Charles S. Jones, Director William G. Ross, Jr., Secretary 16 March 2005 CERTIFIED MAIL #7003 3110 0002 0603 3300 RETURN RECEIPT REQUESTED Mr. Phillip Ferguson 317 Camp Ranch Road Clyde North Carolina 28721 RE: CAMA VIOLATIONS #05-04B Dear Mr. Furgeson: j MOB ead City DCM This letter is in reference to Notice of Violation No. 05-04B dated 31 January 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, as well as the State's Dredge and Fill Law. Violation No.05-04B resulted from the unauthorized filling of ±648 ftz of Coastal Wetlands while excavating in an existing ditch side casting the spoil in Coastal Wetlands. Coastal Wetlands are a designated Area of Environmental Concern (AECs) and no permit was issued to you for development in this area. Therefore, I conclude that you are in violation of the Coastal Area Management Act 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 prior to 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 Carolina 27889 Phone: 252-946-6481 1 FAX: 252-90-0478 1 Internet www.nccoastalmanagement.net/ tCarolina An Equal Opportunity 1 Affirmative Action Employer— 50%Recycled 110% Post Consumer Paper Mr. Phillip Ferguson 16March 2005 Page Two 05-04B 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 Raleigh Bland — U.S. Army Corps of Engineers, Washington Office Tom Steffens - Division of Water Quality, Washington Office 943 Washington Square Mall, Washington, North Carolina 27889 Phone: 252-946-64811 FAX: 252-975.37161 Internet: www.nccoastalmanagement.net An Equal Opportunity 1 Affirmative Action Employer— 50% Recycled 110% Post Consumer Paper nhillip Ferguson 16 March 2005 Page 3 CAMA VIOLATION# 05-04B AGREEMENT TO PAY PROPOSED CIVIL ASSESSMENT 05-04B I understand that the staff of the Department of Environment and Natural Resources will propose the assessment of civil penalties in the amount of $350 against me for violations of the Coastal Area Management Act, NCGS 113A-100 et seq, committed on or near property owned by me and located off SR 1102, adjacent Jarvis Ditch, off Far Creek connected to Pamlico Sound, in the Town of Engelhard, Hyde County, North Carolina. In order to resolve these matters with no further action or expense on my part, I accept responsibility for the violations as described in the Notice of Violation letter dated 31 January 2005, and agree to pay the proposed civil assessment of $350. DATE PHILLIP FERGUSON ADDRESS TELEPHONE NUMBER Phillip Ferguson 05-04B o• 16 March 2005 Page 4 CAMA VIOLATION# 05-04B AGREEMENT TO PAY PROPOSED CIVIL ASSESSMENT I understand that the staff of the Department of Environment and Natural Resources will propose the assessment of civil penalties in the amount of $350 against me for violations of the Coastal Area Management Act, NCGS 113A-100 et seq, committed on or near property owned by me and located off SR 1102, adjacent Jarvis Ditch, off Far Creek connected to Pamlico Sound, in the Town of Engelhard, Hyde County, North Carolina. In order to resolve these matters with no further action or expense on my part, I accept responsibility for the violations as described in the Notice of Violation letter dated 31 January 2005, and agree to pay the proposed civil assessment of $350. DATE PHILLIP FERGUSON ADDRESS TELEPHONE NUMBER n 05-04B y 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 31 January 2005 CERTIFIED MAIL, 7003 3110 0002 06031696 RETURN RECEIPT REQUESTED Mr. Phillip Ferguson 317 Camp Ranch Road Clyde, NC 28721 Dear Mr. Ferguson: This letter confirms that on 24 January 2005 Terry Moore, District Manager in the Washington office, and I, met you onsite your property located off SR 1102, adjacent Jarvis Ditch, off Far Creek connected to Pamlico Sound, in the Town of Engelhard, Hyde County, North Carolina. The purpose of this onsite visit was to investigate excavation and filling activities on the aforementioned property. 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) as well as the States Dredge and Fill Law. No person may undertake major development in a designated Area of Environmental Concem (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 filling of±648 ft' of Coastal Wetlands while excavating in an existing ditch side casting the spoil in Coastal Wetlands. The affected Coastal Wetland area contains, but is not limited to, the following Coastal Wetland species; Distichlis sspicata Scirous sp., SDartina Altemiflora, and Spartina ap tens. Coastal Wetlands are a designated Area of Environmental Concern (AECs) and no permit was issued to you for development in this area. Therefore, I conclude that you are in violation of the Coastal Area Management Act. I request that you immediately CEASE AND DESIST any further unauthorized activities within designated Areas of Environmental Concern. If the development that you have undertaken is not consistent with applicable standards, as in this case, you will be required to restore all affected areas to their former conditions. A civil assessment of up to $2,500 maybe assessed against any violator. Each daythat 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 It is the policy of the Coastal Resources Commission to levy a minimum civil assessment of $350 not to exceed $2,500 against all violations. This is done to recoup some of the costs of investigating violations and/or to compensate the public for any damage to its natural resources. Whether a higher amount will be 943 Washington Square Mall, Washington, North Carolina 27889 Phone: 252-946-6481 1 FAX:252-948-0478 1 Intemet: www.nccoastalmanagementnev An Equal opportunity 1 ARrtnative Action Employer-50% Recycled 110% Post Consumer Paper Noir hCarolina Adura!!y Mr. Phillip Ferguson 05-04B 31 January 2005 Page Two assessed depends on several factors, including the nature and area of the resources that were affected and the extent of the damage to them. If the requested restoration is not undertaken and completed satisfactorily, a substantially higher civil assessment will be levied and a court injunction will be sought ordering restoration. You are also in violation of the State's Dredge and Fill Law, which requires a permit from the N.C. Department of Environment and Natural Resources before undertaking any excavation or filline in any estuarine waters, tidelands, marshlands, or a state-owned lake. N.C.G.S. 113-229 The excavation and filling activities that you have undertaken was done without a permit from this Division. Therefore, I also request that you immediately CEASE AND DESIST such unauthorized activities violating the requirements of the Dredge and Fill Law. Violations of the State's Dredge and Fill Law may be enforced by a criminal penalty or a civil action for damages or an injunction. N.C.G.S. 113-229 Based upon N. C. Administrative Code, 7H. State Guidelines for Areas of Environmental Concern, the filling activity you have undertaken in Coastal Wetlands is not consistent with Section .0205, Coastal Wetlands. Therefore, I am requesting that all spoil placed in Coastal Wetlands be removed restoring the original elevation and contour (see attached Restoration Plan and Agreement). Provided you intend to cooperate with the request, you should sign the attached Restoration Agreement and return it to me in the enclosed self-addressed envelope. No response fromyou within 10 days of the receipt of this letter will be interpreted as a refusal to cooperate and a court injunction will be sought ordering restoration. Thank you for your time and cooperation in resolving this matter. If you have any questions about this or related matters, please call me at (252) 948-3854. Pending satisfactory restoration and the submittal of an enforcement report, 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 C. Terry Moore — District Manager, Washington Regional Office, DCM \ Ted Tyndall —Assistant Director, DCM '-,Roy Brownlow — Enforcement Coordinator, DCM Raleigh Bland — U.S. Army Corps of Engineers, Washington Office Tom Steffens — Division of Water Quality, Washington Office J a r v i s D i t c h 1 Not to Scale Restoration Plan OS-04B i Coastal Wetland Marsh I Existing ditch Coastal Wetland Marsh f 162' 10 Spoil to be removed I Existing ditch Existing Residence Restoration Agreement I, Phillip Ferguson, agree to remove the fill material I placed or caused to be placed in Coastal Wetlands restoring the previously existing elevation and contour. I agree to complete the restoration to the satisfaction of the Division of Coastal Management by 3 March 2005 or provide an explanation of non-compliance and a reasonable request for a time extension. Signature It is the policy of the Coastal Resource Commission to levy a civil penalty assessment not to exceed $2,500 against all violations. If restoration of the affected area is not undertaken or completed satisfactorily, a substantially higher civil assessment will be levied and an injunction sought to require restoration. 23-Mar-05 NC DIVISION OF COASTAL MANAGEMENT ENFORCEMENT RECORD CASE STATUS - -----I CASE NUMBER LAST NAME FIRST NAME BUSINESS NAME: MENNEN"05-048 IFERGUSON PHILLIP CASE IS CLOSED � NOV DATE CLOSURE DATE AFFLILIATION SECTOR Previous Violations in Same AEC PROPERTY OWNE PRIVATE —j for Similar Activities 1/31/2005 MAILING ADDRESS CITY STATE ZIP CODE PHONE NUMBER 317 CAMP RANCH ROAD 1 CLYDE NC 28721- i PROPERTY ADDRESS COMMUNITY WATERBODY NEAREST ROAD OFF SR 1102 - JARVIS DITC JENGELHARD FAR CREEK SR 1102 DISTRICT OFFICE COUNTY DCM REPRESENTATIVE LPO CONTACT WARD 1HYDF ITROWELL VIOLATION TYPE MAJOR CAMA plus DREDGE AND FILL AEC TYPE CW NATURE OF VIOLATION Jnauthonzed major development and violation of State's Dredge & Fill Law by filling of coastal wetlands while 1xcavating in an exising ditch and side casting the spoils in Coastal Wetlands. '- RESTORATION STATUS - ------ - ---- ----I RESTORATION REQUEST DATE COMPLETION DATE . 3/3/2005 3/3/2005 ❑ RESTORATION NOT REQUIRED - CONTRACTOR ❑ RESTORATION NOT REQUIRED - PERMITTABLE DEVELOPMENT ❑ DEADLILINETION EXTENDED RESTORE DATE EXTENDED RESTORATION NOT REQUIRED - FURTHER IMPACTS RESTORATION PENDING ❑ REFERRED TO AG'S OFFICE - COLLECTION J ❑ REFERRED TO AG'S OFFICE - INJUNCTION PENALTY STATUS ASSESSMENT DATE PENALTY AMOUNT COLLECTION DATE AMOUNT COLLECTED -- 3i16i2005 $350 J PENALTY ISSUED LJ PENALTY NOT ISSUED WILLFUL INTENTIONAL PENALTY (MIN. OR DOUBLED) ❑ CNOV ISSUED ❑ CONRACTOR'S FIRST OFFENSE SETTLED, AGREED UPON, OR STIPULATED PENALTY ❑ PENALTY APPEALED .__... UNCOLLECTIBLE PENALTY ❑ FORMAL CPA ISSUED Violations Involving Adversely Impacted Resources AMOUNT OF ADVERSELY DISTURBED AREA (SQ. FT.) 648 .' AMOUNT OF RESTORED AREA (SO. FT) 648 NOTES 13-May-05 NC DIVISION OF COASTAL MANAGEMENT ENFORCEMENT RECORD rCASE STATUS ! CASE NUMBER LAST NAME FIRST NAME BUSINESS NAME: -I 05-04B FERGUSON PHILLIP ;•? CASE IS CLOSED AFFLILIATION SECTOR Previous Violations in Same AEC NOV DATE CLOSURE DATE PROPERTY OWNE PRIVATE ❑for Similar Activities 1/31/2005 MAILING ADDRESS CITY STATE ZIP CODE PHONE NUMBER 317 CAMP RANCH ROAD CLYDE NC 28721- 1 PROPERTY ADDRESS COMMUNITY WATERBODY NEAREST ROAD OFF SR 1102 -JARVIS DITC JENGELHARD FAR CREEK SR 1/02 DISTRICT OFFICE COUNTY DCM REPRESENTATIVE LPO CONTACT WARD 1HYDE ITROWELL VIOLATION TYPE AFFECTED AEC(S) %e, CW ❑ EW I_ I PTA ❑ ES ❑ PTS MAJOR CAMA plus DREDGE AND FILL OEA ❑ HHFA ❑ IRA ❑ PWS ❑ NCRA NATURE OF VIOLATION AEC DESCRIPTION ?d major development and violation of State's Dredge & Fill Law by filling of coastal wetlands while in an exising ditch and side casting the spoils in Coastal Wetlands. RESTORATION STATUS ---- ----- --------- ❑ RESTORATION NOT REQUIRED - CONTRACTOR I❑ RESTORATION NOT REQUIRED - PERMITTABLE DEVELOPMENT i_J RESTORATION NOT REQUIRED - FURTHER IMPACTS RESTORATION PENDING RESTORATION REQUEST DATE COMPLETION DATE 3/3/2005 3/3/2005 RESTORATION EXTENDED RESTORE DATE DEADLINE EXTENDED REFERRED TO AG'S OFFICE - COLLECTION [_ 1 REFERRED TO AG'S OFFICE - INJUNCTION ASSESSMENT DATE PENALTY AMOUNT COLLECTION DATE AMOUNT COLLECTED PENALTY STATUS ---- -- - 3/16/2005 $350 4/18/2005 $350 'i-/[ PENALTY ISSUED ❑ PENALTY NOT ISSUED WILLFUL INTENTIONAL PENALTY (MIN. OR DOUBLED) ❑ CNOV ISSUED -, CONRACTOR'S FIRST OFFENSE SETTLED, AGREED UPON, OR STIPULATED PENALTY ❑ PENALTY APPEALED UNCOLLECTIBLE PENALTY ❑ FORMAL CPA ISSUED Violations Involving Adversely Impacted Resources AMOUNT OF ADVERSELY DISTURBED AREA (SQ. FT.) 648 AMOUNT OF RESTORED AREA (SO. FT) 648 NOTES