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HomeMy WebLinkAbout05-04A DeBoy & Burch�v 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 June 7, 2006 Mr. John DeBoy and Mr. Barron Burch 303 Eagle Drive Kill Devil Hills, NC 27948 Morehead City DCM RE: Payment of Proposed Penalty for Violations of the Coastal Area Management Act, Dare County, CAMA Violation #05-04A Dear Messrs. Deboy and Burch: This letter will acknowledge receipt of your Check #4979 in the amount of $200, and dated 06/06/06. 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 my Elizabeth City office at 252-264-3901, S i erel , Cece Coastal Management Representative JC/yc cc: [--Ted Tyndall, Assistant Director, DCM, Morehead City L Roy Brownlow, Compliance Coordinator, DCM, Morehead City 1367 U.S. 17 South, Elizabeth City, North Carolina 27909 Phone: 252-264-3901 \ FAX: 252-264-3723 \ Internet: www.nccoastalmanagement.net An Equal Opportunity \ Affirmative Action Employer — 30% Recycled by Fiber Weight Mr. DeBoy / Mr. Burch May 23, 2006 Page 3 of 3 CAMA VIOLATION #05.04A 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 $200.00 against me for violation of the Coastal Area Management Act, NCGS 113A-100 et sec, committed on or near my property at 303 Eagle Drive in Dare County, North Carolina. In order to resolve this matter with no further action or expense on my part, I accept responsibility for the violation as described in the Notice of Violation letter dated March 17, 2005, and agree to pay the proposed civil assessment of $200.00. DATE ADDRESS KD 0 Nc 0 --// ze TELEPHONE NUMBER Mr. DeBoy I Mr. Burch May 23, 2006 Page 3 of 3 CAMA VIOLATION #05.04A 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 $200,00 against me for violation of the Coastal Area Management Act, NCGS 113A-100 et sec, committed on or near my property at 303 Eagle Drive in Dare County, North Carolina. In order to resolve this matter with no further action or expense on my part, I accept responsibility for the violation as described in the Notice of Violation letter dated March 17, 2005, and agree to pay the proposed civil assessment of $200.00. (0-6.-06 6 4v"4�;� DATE SIGNATURE�� O ADDRESS b �� a�Q-l/W- %1,5;1 0 - TELEPHONE NUMBER DCM ENFORCEMENT TRACKING REPORT /� i�tl Issuer Field Rep. LPO LPJ Violation Description Initial Discovery Date M 0 5 Discovery Method Violation Description Violation Base No, Q� A B C D Violated Permit Nc (it applicable) Prior Violations it same AEC: Yes Was activity permittable? Yes if i t A714 P50 Z ) Fr t umber RespondentName(s) MK lont� 2*7q,4 City_� l State Z!P Address Phone #_—� 2 - `J Fax # Email ponde Violation Type: Project Type: Authorizations Required: Site Visits Respondent Site Visits ResPresent resentnt' 'U-PrivatelCommunity Major *CAMA j ❑ Permit D&F tPe ❑ Permit Con ❑ dition Govt,IPublic Minor ❑ ZZ/General ❑ Commercial ❑ _ ❑ Expired Permit ❑ , E{ Inconsistent wlRules zz Rover File 0 Violation Location and Site Description . . Project Location: County i % Shoreline Length 1—_ --- j / LOLL)yVlsiYY %t�!� Street Address/ State Road! Lot #� (SAV: � Yes No/s) 5%� �— Sandbags: Notsure Yes 0 PNA: Yes lip Adjacent Subdivision. (/ n . -01 -111� �— ORW: Yg Adjacent City_✓ ZIP_-/1Cy�_���c - Crit.Hab. Yes S- � v f� River Basin -_Y rr -9 UJIL Photos g No Phone # (2 - !�� Waiver Required Yes 9 . Adj. Wtr. BodyIn DWQ Buffer Area Yes � _ " JV2! � G s Specify DWQ Buffer if applicable: -_— -- Closest Maj. Wtr. Body �� Restoration Extension Granted Yes No NOV Date Initial Req. Camp. Date O r _ 3.(�e�Restoration Letter 31.9-.s Date Comp. Observed _ _ w 4 j Acceptance Date CNOV Date ------- ! oe,� mm. Assess. i DCM Assess. Penalty Assessment J(_Z 3Lce i APp•IPermit Fee L{W Sent to Respondent DatePenalty f _� $- Rcvd by DCM Date `/7�� - — 5 $ Willfullintent. I _ Assvs Extended Yes No j S �I S �la3Qb Continuing - __ y getowift'(iw �i Q Other S_ -- iS F tal N rr:- 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. ❑ Respondant 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 ro ! If yes, which types: CW . E F; TA ES PTS OEA SA DS CI SY A LS TY SS SC SP IF BF 404 PWS: FC: Other: Restoration Required by the Respondent es -f No Dimensions in excess of permit/ unauthorized activldes Dimensions to restore Final dlmenslons allowed Actually restored Development Activities Habitat Description NOTES: _��s.1�=ram-r. � vr_r-,-. 'tiiG �� � t_. 1 4=2 , L tzz- c ,. Closing Payment Received $_ __.—_--mate _ �! 2 1—� Date Case Closed j 13-Jun-06 NC DIVISION OF COASTAL MANAGEMENT ENFORCEMENT RECORD �ASE STATUS CASE NUMBER LAST NAME FIRST NAME BUSINESS NAME: 05-04A DEBOY/BURCH JOHNlBARRON r) CASE IS CLOSED Previous Violations in Same NOV DATE CLOSURE DATE Elapsed Days gFFLILIATION SECTOR AFC for Similar Activities 3747/2005 f7r7J�1PROPERTY OWNER PRIVATE MAILING ADDRESS CITY STATE ZIP CODE PHONE NUMBER 303 EAGLE DRIVE KILL DEVIL HILL NC 27948- (252) 480-1120 PROPERTY ADDRESS COMMUNITY WATERBODY NEAREST ROAD �303 EAGLE DRIVE KILL DEVIL HILLS COLLINGTON HARBOR r DISTRICT OFFICE COUNTY DCM REPRESENTATIVE LPO CONTACT ECDO DARE ICECE VIOLATION TYPE AFFECTED AEC(S) ❑ CW W l EW © PTA ❑ ES ❑ PTS --� MAJOR CAMA ❑ OEA ❑ HHFA ❑ IHA ❑ PWS ❑ NCRA, NATURE OF VIOLATION AEC DESCRIPTION EW, PTA wthorized major development by the construction of two platforms in the man-made canal system in or near lington Harbor within the EW and PTA AECs. [RESTORATION STATUS RESTORATION REQUEST DATE COMPLETION DATE VI RESTORATION REQUIRED 4/17/2005 13/22/2005 ❑ RESTORATION NOT REQUIRED - CONTRACTOR RESTORATION EXTENDED RESTORE DATE ❑ DEADLINE ❑ RESTORATION NOT REQUIRED - PERMITTABLE DEVELOPMENT EXTENDED ❑ RESTORATION NOT REQUIRED - FURTHER IMPACTS ❑ REFERRED TO AG'S OFFICE - INJUNCTION El RESTORATION PENDING INJUNCTION REFER DATE: I ❑ REFERREDTO AG'S OFFICE - COLLECTION COLLECTION REQUEST DATE: I— ASSESSMENT DATE PENALTY AMOUNT COLLECTION DATE AMOUNT COLLECTED PENALTY STATUS. 5/23/2006 5200 6/7/2006 F $200 i PENALTYISSUED ❑ WILLFUL &INTENTIONAL PENALTY (MIN. OR DOUBLED) ❑ PENALTY NOT ISSUED ❑ CNOV ISSUED F CNOV DATE I CONRACTOR'S FIRST OFFENSE [I PENALTY APPEALED r— APPEAL DATE ❑ FORMAL CPA ISSUED FORMAL CPA DATE ❑ SETTLED. AGREED UPON, STIPULATED PENALTY SETTLEMENT DATE ❑ UNCOLLECTIBLE PENALTY I —UNCOLLECTIBLE DETERMINATION DATE Violations Involving Adversely Impacted Resources AMOUNT OF ADVERSELY DISTURBED AREA (SO. FT.) �— AMOUNT OF RESTORED AREA (SO. FT) �- NOTES exceed maximum allowable square feet area - must be removed or reduced in size to comply with rules. e�UA NCDENR North Carolina Department of Environment and Natural Resources Division of Coastal Management Michael F. Easley, Governor CERTIFIED MAIL RETURN RECEIPT REQUESTED Mr. John DeBoy I Mr. Barron Burch 303 Eagle Drive Kill Devil Hills, NC 27948 0 Charles S. Jones, Director William G. Ross Jr., Secretary RE: CAMA VIOLATION #05-04A Dear Mr. Deboy I Mr. Burch: Rj!7EVjV006 6 20p6 WeeNad city CCM This letter is in reference to the Notice of Violation dated March 17, 2005 that Mr. John Cece, representative for the Division of Coastal Management, issued to you for the unauthorized installation of a platform at 303 Eagle Drive in Dare County. The violation involved Estuarine Waters and Public Trust Areas, which are Areas of Environmental Concern designated by the Coastal Resources Commission. Based upon the site visit conducted on March 23, 2005 by Mr. Cece, the restoration requested appears to be complete to the satisfaction of the Division of Coastal Management. 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 Resources Commission, a proposed civil penalty in the amount of $200.00 is appropriate for this violation. You may expeditiously resolve this matter prior to the assessment of a formal civil penalty by accepting responsibility for the violation and paying the amount proposed above. In order to do this, you must: (1) sign one of the attached copies of an "Agreement to Pay Proposed Civil Assessment;' (2) attach a check or money order for $200.00 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. 1367 U.S.17 South, Elizabeth City, North Carolina 27909 Phone: 252-264-3901 \ FAX: 252-264-3723 \ Internet: www.nccoastal management, net An Equal Opportunity \ Affirmative Action Employer — 30% Post Consumer Fiber Paper Mr. DeBoy / Mr. Burch May 23, 2006 Page 2 of 3 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 (DCM) 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) 264-3901. Sincerely, Ted Sampson Districf Manager Northeast District TS/yc Enclosure: Agreement to Pay Proposed Civil Assessment cc T el Tyndall, Assi tant Director, NC Division of Coastal Management (DCM), Morehead City Bro w, Compliance Coordinator, DCM, Morehead City John Cece, DCM, Elizabeth City Mr. DeBoy / Mr. Burch May 23, 2006 Page 3 of 3 CAMA VIOLATION #05.04A 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 $200.00 against me for violation of the Coastal Area Management Act, NCGS 113A-100 et sue, committed on or near my property at 303 Eagle Drive in Dare County, North Carolina. In order to resolve this matter with no further action or expense on my part, I accept responsibility for the violation as described in the Notice of Violation letter dated March 17, 2005, and agree to pay the proposed civil assessment of $200.00. DATE SIGNATURE ADDRESS TELEPHONE NUMBER r 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 March 23, 2005 Mr. John DeBoy I Mr. Barron Burch 303 Eagle Drive Kill Devil Hills, NC 27948 RUESTORATION ACCEPTANCE — CAMA VIOLATION #05.04A Dear Mr. DeBoy I Mr. Burch: This letter is in reference to the Notice of Violation # 05-04A sent to you dated March 17, 2005 for the construction of a 650 square foot platform within the Estuarine Waters and Public Trust Areas in or near a man-made canal contiguous with the Albemarle Sound. The violation took place on your property located at 303 Eagle Drive in or near the community of Collington Harbor in Kill Devil Hills in Dare County, North Carolina. This unauthorized activity constituted development and you were requested to remove 250 square feet of the platform. In accordance with the North Carolina Administrative Code, Title 15A, Subchapter 7J.0410, any violation involving development which is inconsistent with guidelines for development within Areas of Environmental Concern (AEC) must be corrected by restoring the project site to pre -development conditions to recover lost resources or to prevent further resource damage. I conducted a site visit at the aforementioned property on March 22, 2005 to inspect the restoration of the unauthorized activity addressed in the Notice of Violation #05-04A. Based on this inspection, it appears the restoration is accomplished to the satisfaction of this Division. Upon my submission of an enforcement report, you will be notified as to the amount of the civil penalty for undertaking this unauthorized activity within an Area of Environmental concern. Thank you for your attention and cooperation in this matter. If you have any questions pertaining to this matter, please feel free to call me at 252-264-3901. SiI el�, Joece Jr. Coastal Management Representative Cc: "Ted Tyndall, Assistant Director, DCM Ted Sampson, District Manager, DCM Roy,Brownlow, Compliance Coordinator, DCM NCDENK 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 March 17, 2005 �,.'„ (,•^ ... CERTIFIED MAIL "f RETURN RECEIPT REQUESTED P4r`li'1 [7UJ5 Mr, John DeBoy I Mr. Barron Burch MoruriL)ad City bGM 303 Eagle Drive Kill Devil Hills, NC 27948 RE:NOTICE OF VIOLATION AND REQUEST TO CEASE UNAUTHORIZED DEVELOPMENT CAMA VIOLATION #05-04A Dear Mr. DeBoy I Mr. Burch: This letter confirms that on March 11, 2005 Mr. John Cece, Field Representative was onsite at your property located at 303 Eagle Drive adjacent to a man-made canal located in or near Collington Harbor in Kill Devil Hills, off Eagle Drive, Dare County, North Carolina. The purpose of the visit was to issue a General Permit for a boat lift, but during the site visit the unauthorized development of a 23.5-foot wide by 27.5-foot long platform and a 2 foot by 2 foot platform (totaling 650 square feet) was observed within the man-made canal. Information gathered by me for the Division of Coastal Management (DCM) 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 North Carolina Department of Environment and Natural Resources. This requirement is imposed by North Carolina General Statute (N.C.G.S.) 113A-1 18. I have information that indicates you have undertaken or are legally responsible for the construction of a 23.5-foot wide by 27.5-foot long platform and a 2 foot by 2 foot platform (totaling 650 square feet) on the aforementioned property. This activity took place in Estuarine Waters and Public Trust Areas that are contiguous with the Albemarle Sound. Estuarine waters and Public Trust Areas are designated as Areas of Environmental Concern (AEC). No permit was issued to you for work in this area. Based on these findings, I am initiating an enforcement action by issuing this Notice of Violation for violation of the Coastal Area Management Act. 1367 U.S. 17 South, Elizabeth City, North Carolina 27909 Phone: 252-264-3901 1 FAX: 252-264-3723 \ Internet: www.necoastalmanagement.net An Equal opportunity 1 Affirmative Action Employer— 30% Recycled by Fiber Weight John DeBoy / Barron Burch March 17, 2005 1 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 that 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 $200.00 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 the North Carolina Administrative Code, Title 15A, Subchapter 07H. State Guidelines for Areas of Environmental Concern, the activity you have undertaken, constructing a 650 square foot platform in the Estuarine Waters and Public Trust Areas AEC(s), is not consistent with Section .1205(g), which limits the size of platforms to 400 square feet. Therefore, I am requesting that you remove 250 square feet of platform to meet the 400 square foot requirement. Please refer to the enclosed Restoration Agreement. If you intend to cooperate with my request, please sign one of the attached Restoration Agreements and return it to me in the enclosed, self-addressed envelope within ten (10) days of receipt of this letter. Failure to comply with this request or respond back to this office prior to the requested deadline with an acceptable schedule for compliance will be interpreted as a refusal to cooperate and will result in a Notice of Continuing Violation, as well as a court injunction being sought ordering compliance. The relevant statutes and regulations are available from this office, and I am willing to assist you in complying with the requirements of these laws. A site inspection will be made in the near future to determine whether this REQUEST TO CEASE AND DESIST has been complied with. I request that you contact me immediately. Thank you for your time and cooperation in resolving this important matter. If you have any questions about this or related matters, please call me at 252-264-3901. Upon completion of the restoration as requested in the Restoration Plan Agreement to the satisfaction of the Division of Coastal Management, you will be notified as to the amount of the civil assessment for undertaking development without first obtaining the proper permit(s) and/or development that is inconsistent with Coastal Resources Commission rules. Sincerely, 94 n G"a An Cece Jr. Coastal Management Representative Cc: Ted Tyndall, Assistant Director, DCM, Morehead City Ted Sampson, District Manager, DCM, Elizabeth City Roy Brownlow, Compliance Coordinator, DCM, Morehead City ENCLOSURE - tisr*6, ./ W, Utill) Q'V RESTORATION PLAN For Mr. John Deboy / Mr. Barron Burch Property CASE NUMBER: 05-04A Property located at 303 Eagle Drive, Dare County ITRN) M 1W, E 04NAU De 5vV/CV,fcl-- pr.af°-- rY _- -FLf+T r-vf rn 1v R,5 51) S�. FO�t) ) y" TU�LiV�iC srrALI� i "= /v I, Mr. John DeBoy / Mr. Barron Burch, agree to remove 250 square feet of platform to meet the 400 square foot limit. I agree to complete this restoration to the satisfaction of the Division of Coastal Management (DCM) by April 17, 2005, or provide an explanation for non-compliance and a reasonable request for time extension. When corrective actions are complete, I will notify the DCM so the work can be inspected. SIGNATURE: DATE: It is the policy of the Coastal Resources Commission to levy a minimum civil assessment $200.00 and higher against all violations of this type depending upon the damage to the resources. If restoration is not undertaken or satisfactorily completed, a substantially higher civil assessment will be levied and an injunction sought to require restoration. DCM ENFORCEMENT TRACKING REPORT ' Issuer a4bFie'dRep. LPO ❑ LPJ Violation Description Initial Discovery Date C/Jr Discovery Method sli Violation Description _ .._in inry Tlll Nl AG Yl /n 9 Prior Violations ip same Violation Base No. © 5-li A B C D Violated Permit Nc (if appUcable) Was activity permittable? Yes / mffllf� Respondent Name(s) rn n iv ""' _. 7 '�' �' '/ I- - Address _ 3G 3 �" gtE _12M- City _ L1 S State n%ii Zip 2 71Y4 7 �U - 1) 0 Fax # Phone #-- Email Violation Type: Project Type: Authorizations Required: Site Visits Respondent Site Visits Respondent No Permit"Private/Community ❑ Major M-CAMA (� ❑Minor ❑ D&F j �5 ❑ Permit Condition Govt,lPublic ❑ ❑ ❑ Expired Permit ❑Commercial } General ❑ Inconsistent wl Rules Violation Location and Site Rover File n�Dresscription J )qJ'c Shoreline Length Project Location: County I OO yU-)kVb7&)V /a� Street Address/ State Road/ Lot #(s) i 1 _ SAV: Yes No t�•3 kRuy �'- /J ie'Y-r `_ /J!� Sandbags: Not Sure Yes _. —li Subdivision Wb PNA: Yes 0 ORW: Yes &I Adjacent Adjacent ZIP---- !�_ c - City_ Crit. Hab, Ye n� hh ``1��/J-i-.- -- Phone # (p a '� t, River Basin -_ s I ' L ft Photos Cc) No Yes y� �t L (fa_ kn)_ Adj. Wtr. Body_�cr�L�------ Waiver Required DWQ Buffer Area Yes 19 Closest Maj. W[r. Body r_ yJ/27 li S In Specify DWQ Buffer if applicable: ---- Restoration �� Extension Granted Yes No NOV Date �I SJ Initial Req. Camp. Date Restoration Letter CNOV Date __.- Date Comp. Observed __—_ Acceptance Date — ---- 71.0409 '! Ref. Recomm. Assess. DCM Assess. Penalty Assessment----- App.IPermit Fee . Sent to Respondent Date ____-- __-- Penalty V �! _� S__E�� -- .... - Rcvd by DCM Date -- - Willfullln[ent. iS g Assessment Extended Yes No Continuing $ S Other $ $ ..---- ----- --- 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 D. Injunction to complete restoration Date Collection Let. Sent Date Demand Let. Sent Violation Activities and Impacts AECs Affected: Wetlands Impacted? Yes / No If yes, which types: CW EW PTA ES PTS OEA • HHF IH SA DS CJ SY • A LS TY PWS: FC: SS SC SP IF BF 404 Other: Restoration Required by the Respondent Yes ! No Dimensions in oriexcess Dimensions to restore Final dimensions of permit/ unauthzed activities allowed Actually restored Development Activities ' Habitat Description NOTES: Closing Payment Received £___.___—_—___—_--_Date __ -- Date Case Closed 22-Mar-05 NC DIVISION OF COASTAL MANAGEMENT ENFORCEMENT RECORD CASE STATUS. - - --- -- --^ I !CASE NUMBER LAST NAME FIRST NAME BUSINESS NAME: 05-04A DEBOY/BURCH JOHN/BARRON !.) CASE IS CLOSED - - - AFFLILIATION SECTOR NOV Previous Violations in Same AEC OV DATE CLOSURE DATE i. PROPERTY OWNE PRIVATE 1{or Similar Activities 3/17l2005 MAILING ADDRESS CITY STATE ZIP CODE PHONE NUMBER 303 EAGLE DRIVE KILL DEVIL HILL NC 27948- (252) 480-1120 PROPERTY ADDRESS COMMUNITY WATERBODY NEAREST ROAD 303 EAGLE DRIVE KILL DEVIL HILLS COLLINGTON HARBOR DISTRICT OFFICE COUNTY DCM REPRESENTATIVE LPO CONTACT ECDO _DARE ICECE—� VIOLATION TYPE MAJOR CAMA AEC TYPE EW, PTA NATURE OF VIOLATION Unauthorized major development by the construction of two Collinaton Harbor within the EW and PTA AECs. RESTORATION STATUS —--------------- - L ❑ RESTORATION NOT REQUIRED - CONTRACTOR ❑ RESTORATION NOT REQUIRED - PERMITTABLE DEVELOPMENT ❑ RESTORATION NOT REQUIRED - FURTHER IMPACTS ❑ RESTORATION PENDING man-m or near RESTORATION REQUEST DATE COMPLETION DATE 4/17/2005 El DEADLINE EXTENDED RESTORE DATE DEADLINE EXTENDED ❑ REFERRED TO AG'S OFFICE - COLLECTION ❑ REFERRED TO AG'S OFFICE - INJUNCTION ASSESSMENT DATE PENALTY AMOUNT COLLECTION DATE AMOUNT COLLECTED PENALTY STATUS - Ll 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.) AMOUNT OF RESTORED AREA (SQ. FT) NOTES square toot area - must be removed or reduced In size to comply wan rules. 31-May-06 NC DIVISION OF COASTAL MANAGEMENT ENFORCEMENT RECORD CASE STATUS CASENUMBER LAST NAME FIRST NAME BUSINESS NAME'. O CASE ISO EN }) 004A IDE130YIBURCH Y JOHWBARRON 0 CASE IS CLOSED Previous VlOfatIODS in Same AFC fatimifar Activities NOV DATE CLOSURE DATE Elapsed Days AFFLILIATION SECTOR 311A2005 F, ,g,� aA%W ,i,)O PROPERTY OWNER PRIVATE MAILING ADDRESS CITY STATE ZIP CODE PHONE NUMBER - 303 EAGLE DRIVE KILL DEVIL HILL NC 27048- (252) 480-1120 PROPERTY ADDRESS COMMUNITY WATERBODY NEAREST ROAD 303 EAGLE DRIVE KILL DEVIL HILLS ICOLLINGTON HARBOR DISTRICT OFFICE COUNTY DCM REPRESENTATIVE LPO CONTACT ECDO DARE ICECE VIOLATION TYPE AFFECTED AEO(5)`, ElCW N] EW ❑/ PTA El ES ❑ PTS MAJOR CAMA ❑ OEA ❑ HHFA ❑ IHA ❑ PWS ❑ NCRA NATURE OF VIOLATION AEC DESCRIPTION JEW, PTA Unauthorized major development by the construction of two platforms in the man-made canal system in or near Collington Harbor within the EW and PTA AECs. RESTORATION STATTUS _ RESTORATION REQUEST DATE COMPLETION DATE © RESTORATION REQUIRED 4/17I2005 3/22/2005 ❑ RESTORATION NOT REQUIRED- CONTRACTOR EXTENDED RESTORE DATE El [J RESTORATION NOT REQUIRED - PERMIT -FABLE DEVELOPMENT DEADLINE DEADLINE EXTENDED ❑ RESTORATION NOT REQUIRED - FURTHER IMPACTS ❑ REFERRED TO AG'S OFFICE - INJUNCTION INJUNCTION REFER DATE: r RESTORATION PENDING ❑ REFERRED TO AG'S OFFICE - COLLECTION COLLECTION REQUEST DATE: F_ _ .PENALTY STATUS: ASSESSMENT DATE PENALTY AMOUNT COLLECTION DATE AMOUNT COLLECTED 5/23/2006 $200 �- © PENALTY ISSUED ❑ WILLFUL &INTENTIONAL PENALTY (MIN. OR DOUBLED) ❑ PENALTY NOT ISSUED ❑ CNOV ISSUED F_CNOV DATE ❑ CONRACTOR'S FIRST OFFENSE ❑ PENALTY APPEALED F—APPEALDATE ❑ FORMAL CPA ISSUED I FORMAL CPA rDATE ❑ SETTLED, AGREED UPON, STIPULATED PENALTY I SETTLEMENT DATE ❑ UNCOLLECTIBLE PENALTY F—UNCOLLECTIBLE DETERMINATION DATE Violations Involving Adversely Impacted Resources) AMOUNT OF ADVERSELY DISTURBED AREA (SQ. FT.) AMOUNT OF RESTORED AREA (SO. FT) NOTES exceed maximum allowable square feet area - must be removed or reduced in size to comply with rules.