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05-29A Doyen
TSB r ©� TB �RB MTT 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 1 December 6, 2005 Mr. Ray Doyen, Sr. 106 Pirates Cove Way Hertford, NC 27944 RE: Payment of Proposed Penalty for Violations of the Coastal Area Management Act, Perquimans County, CAMA Violation #05-29A Dear Mr. Doyen: This letter will acknowledge receipt of your Check #2248 in the amount of $350, and dated 12/02/05. 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. Sincerely, /.ffed Sarp}7son District Manager TS:yc cc: t-'Ted Tyndall, Assistant Director, DCM, Morehead City L Roy Brownlow, Compliance Coordinator, DCM, Morehead City Kim Hedrick, Coastal Management Rep., DCM, Elizabeth 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 Ray Doyen, Sr. November 29, 2005 Page 3 of 3 CAMA VIOLATION #05.29-A 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 se , committed on or near my property Lot 98 Flyway Dr. in Perquimans 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 October 20, 2005, and agree to pay the proposed civil assessment of $350. ATE te1' mr-iy SIGNATIy `off. ADDRESS 9Mon sC, TELEPHONE NUMBER DCM ENFORCEMENT TRACKING REPORT ( Issuer 05 Q q Field Rep. Y \rvt er ( p—^t ' 0 Violation Base No. l B C D LP D Violated Permit No. LPJ (if applIcable) . Violation Description Was activity permutable? Yes ! o O� Discovery Method` oAe—YeCli�CcY °K iAm�,GinT� Initial Discovery Date q � a'ry' Violation Description .1-1 ,,,. -t )%Im,. "A Case Numer prior violations in same AEC: Yes I ©° s'?y t, , b_ Respondent Name(s)�Q,��-.� Address _ OU PrrR%L S � � City — T' State C / Zip 79 Phone #—i�sg>�a�J Fax# 74 Email Violation Type: Project Type: Authorizations Required: Site Visits Respondent Site Visits Respondent No Permit z PrivatelCommunity 0 Major CAMA Lzlos 0 ❑ ❑ Permit Condition ❑ Govt./Public ❑ Minor bSF"® ❑ EJ ❑ Expired Permit ❑ Commercial ❑ General ' ❑ r� [] inconsistent wl Rules Violation Location and Site Description Rover File 00150 0 - Project Location: County Shoreline Length ZO(3 r Street Address/ State Road/ Lot t#(s) Lo.Ir q SAV: NotSure Yes T Sandbags: NotSure Yes ® ,. El +_ Vr. PNA: Yes (a Adjacent Subdivision—� �,� — ORW: Yes Q Adjacent City r ZIP__ q H Cr(t. Had. Yes . lVl�' „p'kay.. _— Photos Yes No Phone # (u Z) --� — e Basin __�SSz� $ pp 'Waiver Required Adj. Wtr. Body a n m a Ca v a f fnat /— In DWQ Buffer Area q Yes o �--- Closest Maj. Wtr. Body _— Fv\a �l t Specify DWQ Buffer if applicable: _--- Restoration /ro /�S Extension Granted Yes No I GA o/j S Initial Req. Comp. Date NOV Date �/ / Restoration Letter CNOV Date Date Comp. Observed -- Acceptance Date W2 5 S Penalty Assessment — 7J.0409 Ret._ j Recomm. Assess. M Assess, j /�Z Ic 5 I App,IPermit Fee tG� l Q. Qp ! s Sent to Respondent Date _ — . __-- � S O �a is I / Z�o C �c5 j Penalty ��� — ` �— _—!.._�-= Rcvd 6y DCM Date ---" WillfulAntent. $ Assessment Extended Yes N0 i Continuing I $ —_ s Other -- 5 $ .,----- - Total Formal Assessments, Appeals and Reductions Date Long Form Submitted Date Formal CPA Submitted Final Assessment Assessment Appealed Yes No ❑ Penalty modiried Attorney General's Office for Injunction or Formal Collection 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 ANotle If yes, which types: CW EW PTA ES' 7 PTS OEA - HHF IH SA DS Cl SY 1R TY SS SC SP IF BF 4 y PWS FC: Other: Restoration Required by the Respondent i.Yes No Dimensions In excess of permit/ unauthorized activities Dimensions to restore Final dimensions allowed Actually restored Development Activities e1,s' - WC a, Habitat Description Closing S z Payment Received $___ J—_.—.--_Date._ z/�'/-S Date Case Closed / �' 5 -SB RB TB (`✓RB NCDENR 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 CERTIFIED MAIL RETURN RECEIPT REQUESTED Ray Doyen, Sr. 106 Pirates Cove Way Hertford, NC 27944 RE: CAMA VIOLATION #05-29-A Dear Mr. Doyen; November 29, 2005 � 2005 Morehead City DDAj This letter is in reference to the Notice of Violation dated October 20, 2005, that Kimberly Hedrick, representative for the Division of Coastal Management, issued to you forthe unauthorized fill in 404 wetlands at Lot 98. Flyway Dr., Perquimans County. The violation involved 404 wetlands in the estuarine shoreline, which is an Area of Environmental Concern designated by the Coastal Resources Commission. Based upon the site visit conducted on November 22, 2005 by Kimberly Hedrick, 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 $350 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 orderto 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. 1367 U.S. 17 South, Elizabeth City, North Carolina 27909 Phone: 252-264-3901 1 FAX: 252-264-37231 Internet: www.nccoastalmanagement.net An Equal opportunity 1 Affirmative Action Employer — 50% Recycled 110% Post Consumer Paper Ray Doyen, Sr. November 29, 2005 Page 2 of . 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) 264-3901. Sincerely, ed Sampson District Manager Northeast District TS/yc Enclosure: Agreement to Pay Proposed Civil Assessment cc: Ted Tyndall, Assistant Director, NC Division of Coastal Management (DCM), Morehead City Roy Brownlow, Compliance Coordinator, DCM, Morehead City Kimberly Hedrick, Coastal Management Representative, DCM, Elizabeth City Ray Doyen, Sr. November 29, 2005 Page 3 of 3 CAMA VIOLATION #05.29-A 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 or near my property Lot 98 Flyway Dr. in Perquimans 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 October 20, 2005, and agree to pay the proposed civil assessment of $350. DATE SIGNATURE ADDRESS TELEPHONE NUMBER DCM ENFORCEMENT TRACKING REPORT I JJ p Issuer Fie!dRep. K�M Qrl 2C�t �l ViolationBaaeNo._ B C D LPO 17-1 Violated Permit No. LPJ (if appllwble) Violation Description Was activity per It -able? Yes 1 0 0� Discovery Method bnP c� Peu. Jfd' {y°, COm.j\Ui'A-aw'f initial Discovery Date ry Violation 11 Respondent Information Prior Vioslations in same AEC: Yes l �ft�to'=andoa` Respondent Names) Q� �rr tt s ��_ City State Address _ -- Phone #_ s a-) y 4 - )��� Fax # C Zip D -7q H q Violation Type: Project Type: Authorizations Required: site Visits Respondent Site Visits Present Hasponaent Present 0 No Permit Private/Community Major CAMA LL�OS ❑ Permit Condition ❑ Govt./PublIC ❑ Minor D&r° � 11 ❑ Expired Permit ❑ commercial ❑ General ' ❑ — [] inconsistent w/ Rules Violation Location and Site Description ' dver File 0 0,5 0 19 ... Project Location: County l� e�yur ^nns Shoreline Length"* Z0(3I 1 Street Address/ State Road/ Lot #(s) La SAM Not Sure Yes Yes Sandbags: Not Sure „ FI inn- r— — _�-t Subdivision, PNA: Yes ® ORW: Yes I� Adjacent Adjacent CF 22 Hab, Yes City �f r ZIP--- -� Crit. U 't Phone# ( Z)--y — °e Basin_ —r'w=— pp P�otos8No s � ° CC-ay` �t Fna� ( aIl 11f1k0i— WalverRequired Waiver Adj. Wtr. Body—_ 'Me m a r� t In DWQ Buffer Area s Ya o Closest Maj. Wtr, Body-- cma ri L O Specify DWQ Buffer IF applicable: Restoration Extension Granted Yes No NOV Date — -- Initial Req. Comp. Date Restoration Letter CNOV Date __ ___ Date Comp. Observed ^___-- Acceptance Date - r Assess. ! DCM Assess. 71.0409 Re-- comm. Penalty Assessment _ ------ App.lPermit Fee LG� t 5 5Q Sent to Respondent Date ___ -- ___— S oa 1 $ Y Penalty sli A ._i � � O .Sj�. - - -- Rcvd by DCM Date --- - ----- Willfullintent. i $ S I Assessment Extended Yes No i -- _—____._ -- ; $ I $ Continuing — — - - Other _---- -- - — - Total -Doo 00 �� Formal Assessments, Appeals and Reductions Date Long Form Submitted Date Formal CPA Submitted Final Assessment Assessment Appealed Yes No ❑ Penalty modified Attorney General's Office for Injunction or Formal Collection Date sent to AG, ❑ Respondent not responsive to penalty/NOV ❑ Injunction to complete restoration Date Collection Let. Sent Date Demand Let. Sent Violation Activities and Impacts ;AECS Affected: 0 ,Wetlan is Impacted? es / No If yes, which types: CW EW PTA ES - PTS OEA • HHF IH SA CJ ATY. SC IF SS SC SP IF BF 4;° PWS: FC: Other; Restoration Required by the Respondent YesNo Dimensions In excess of permit/ unauthorized activities Dimensions to restore Final dimensions allowed Actually restored Development Activities o' t5' INt2' Habitat Description NOTES: n YV 0.l�/'i Mr' J J o3��� PinbKIS lgiun LZL t� X V Pyn v a.v + �c V r All — tt �-- fi5 � IA�1.2. Closing Payment Received S_______________Date ___.__ Date Case Closed North Carolina Michael F. Easley, Governor Ray Doyen, Sr. 106 Pirates Cove Way Hertford, NC 27944 A � D � NCDENR Department of Environment and Natural esour�2005 Division of Coastal Management Charles S. Jones, Director MU(d, OftPrE)CM November 29, 2005 ILCLSB MRB 4— RB MTT RE: RESTORATION ACCEPTANCE — CAMA VIOLATION #05.29•A Dear Mr. Doyen: This letter is in reference to the Notice of Violation # 05-29-A sent to you dated October 20, 2005, for the unauthorized fill in 404 wetlands within 30 feet of normal water level, and adjacent to the manmade canal to Albemarle Sound. The violation took place on your property located at Lot 98 Flyway Dr. off of Holiday Island Rd. in or near the community of Holiday Island in Perquimans County, North Carolina. This unauthorized activity constituted development and you were requested to remove the fill material to original elevation of wetland. 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 November 22, 2005, to inspect the restoration of the unauthorized activity addressed in the Notice of Violation #05-29-A. 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. Sincerely, /J Kimberly Hedrick Coastal Management Representative Cc: Ted Tyndall, Assistant Director, DCM Ted Sampson, District Manager, DCM Roy Brownlow, Compliance Coordinator, DCM 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 — 50% Recycled 1 to% Post Consumer Paper ,. _ ���a �, +� ';v: 20-Dec-06 NC DIVISION OF COASTAL MANAGEMENT ENFORCEMENT RECORD LASE STATU$ CASE NUMBER LAST NAME '7j FIRST NAME BUSINESS NAME: � 'CAPE IS OPEN - - I 0.5-29A DOYEN, SR. IRAY 0 CASE IS CLOSED Previous Violations in Same NOV DATE CLOSURE DATE Elapsed Days SECTOR ❑ AEC for Similar Activities P Y AFFLILIATION 90/20/2005e�� p_;i PROPERTY OWNER PRIVATE MAILING ADDRESS CITY STATE ZIP CODE PHONE NUMBER - 106 PIRATES COVE WAY HERTFORD NC 27944- (252)426-1247 PROPERTY ADDRESS COMMUNITY WATERBODY NEAREST ROAD LOT 98 FLYWAY DR 1HERTFORD JALBEMARLE SOUND I — DISTRICT OFFICE COUNTY DCM REPRESENTATIVE LPO CONTACT ECDO PERQUIMANS 1HEDRICK F_ VIOLATION TYPE CAFFECTED AEC( } ❑ CW ❑ EW ❑ PTA ©ES ❑ PTS MAJOR CAMA ❑ OEA ❑ HHFA ❑ IHA ❑ PWS ❑ NCRA NATURE OF VIOLATION AEC DESCRIPTION ISECTION404VVETLANDS Unauthorized major development by filling Section 404 wetlands with construction debris and other unapproved materials within the ES AEC and buffer area adjacent to a man-made canal contiguous with the Albemarle Sound acoi�rtH��uiYair+ws-j Se RESTORATION REQUIRED ❑ RESTORATION NOT REQUIRED - CONTRACTOR ❑ RESTORATION NOT REQUIRED - PERMITTABLE DEVELOPMENT RESTORATION NOT REQUIRED- FURTHER IMPACTS ❑ RESTORATION PENDING RESTORATION. REQUEST DATE COMPLETION DATE 11 /10 22005 1 11 /22/2005 RESTORATION EXTENDED RESTORE DATE Ll DEADLINE EXTENDED REFERRED TO AG'S OFFICE - INJUNCTION INJUNCTION REFER DATE: F ❑ REFERRED TO AG'S OFFICE - COLLECTION COLLECTION REQUEST DATE: I PENALTY STATU ASSESSMENT DATE PENALTYAMOUNT COLLECTIONDATE AMOUNT COLLECTED � � F_ F_ 11/29/2005 5350 OV PENALTY ISSUED ❑ WILLFUL &INTENTIONAL PENALTY (MIN. OR DOUBLED) PENALTY NOT ISSUED ❑ CNOV ISSUED F—CNOV DATE j., jj CONRACTOR'S FIRST OFFENSE ❑PENALTY APPEALED APPEAL DATE ❑ FORMAL CPA ISSUED FORMAL CPA DATE ❑ SETTLED, AGREED UPON, STIPULATED PENALTY r—SETTLEMENT DATE ❑ UNCOLLECTIBLE PENALTY F—UNCOLLECTIBLE DETERMINATION DATE Violations Involving Adversely Impacted Resources AMOUNT OF ADVERSELY DISTURBED AREA (SQ. FT.) AMOUNT OF RESTORED AREA (SQ. FT) NOTES A74A 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 NOTICE OF VIOLATION 10/20/2005 CERTIFIED MAIL n RETURN RECEIPT REQUESTED Ray Doyen, Sr. 106 Pirates Cove Way Hertford, NC 27944 RE: NOTICE OF VIOLATION AND REQUEST TO CEASE UNAUTHORIZED DEVELOPMENT CAMA VIOLATION #05.29-A Dear Mr. Doyen: This letter confirms that on September 22 and October 5, 2005, Kimberly Hedrick, Division of Coastal Management Field Representative, was onsite at your property located at Lot 98 Flyway Dr., adjacent to a manmade canal to Albemarle Sound located in Holiday Island Subdivision, Perquimans County, North Carolina. The purpose of the visit was to investigate unauthorized fill material in 404 wetlands, within 30 feet of normal water level, and adjacent to the manmade canal to Albemarle Sound. 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 North Carolina Department of Environment and Natural Resources. This requirement is imposed by North Carolina General Statute (N.C.G.S.) 113A-118. I have information that indicates you have undertaken or are legally responsible for major development by filling 404 wetlands in an area 404 long by 15-ft. wide (600 sq. ft.), 10-ft. north of normal water level (NWL) of a manmade canal to Albemarle Sound with materials to an average depth of approximately 2 feet. The fill material consists of pink fiber glass insulation, cabinet remnants, and other burnt remnants from gutting a home, on the aforementioned property. This activity took place in the Estuarine Shoreline that is contiguous with the Albemarle Sound. Estuarine Shoreline areas within 75-ft. of normal water level (NWL) 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. 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 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 civil assessment of at least $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 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, filling of 404 wetlands within 30-ft. of normal water level (NWL), without a major permit, in the Estuarine Shoreline Area of Environmental Concern, is not consistent with Section 0.0209(d)(10), which precludes all non -water dependent development that is not specifically addressed by this paragraph. Therefore, I am requesting restoration. 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. A site inspection will be made in the near future to determine compliance with this REQUEST TO CEASE AND DESIST. 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, Kimberly Hedrick, ✓✓ Coastal Management Representative Cc: Ted Tyndall, Assistant Director, DCM Ted Sampson, District Manager, DCM Roy Brownlow, Compliance Coordinator, DCM ENCLOSURE RESTORATION PLAN For Ray Doyen, Sr. Property CAMA VIOLATION NUMBER: 05-29-A Property located at Lot 98 Flyway Drive, Holiday Island, Perquimans County I Ray Doyen, Sr„ agree to remove all the dumped fill material from the shoreline at the end of the canal to Albemarle Sound adjacent to my property at Lot 98 Flyway Drive, including ash, until the original elevation of the wetland is restored. I will place the dumped material at a location outside of all wetland areas and landward of the 75 feet Estuarine Shoreline Area of Environmental Concern. agree to complete this restoration to the satisfaction of the Division of Coastal Management (DCM) by November 10, 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 civil assessment of at least $350, or 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 I p Issuer Violation Base No. (4 .. Field Rep. Yi veyA�0,r l e L�r:�L B C D LPO / Violated Permit No. LPJ (If applicable) Violation Description Was activity permittable? Yes / o C> Discovery Method one tall Yec iJ7 0 RD,, Com�lAlAiaw( Initial Discovery Date d� ry Violation ,AEC Respondent information Prior Violations in same AEC: Yes / o x' > tiase•suu[nucs po A T� I P n S f, Lando r/Agentf&ntractor) . Respondent Name(s) y"` r" RrA+tS l��t City 3 State fJ� Zip ��`i`<ti' Fax# Phone#_50> Email Violation Type: Project Type: Authorizations Required: Site Visits Respondent Site Visits .. . Present Respondent' Present Q No Permit ❑ Private/Community ❑ Major 0 CAMA 'D&F' L �05 ❑ ❑ Permit Condition ❑ Gavt.IPubllc El Minor ❑ ❑ ❑ Expired Permit ❑ Commercial ❑ General ' ❑ ❑ L]✓ Inconsistent wl Rules Violation Location and Site Description Raver File $ 0 0,5 11 Project Location: County l eryui �+� n s Shoreline Length;t Z02 r Address/ State Road/ Lot l#(s) Lo Ir q Q SAV: Notsure Yes 1� Street Sandbags: Not Sure Yes �r= PNA: Yes ® Adjacent Subdivision.. ORW: Yes CGc1 Adjacent �' \�T r ZIP._2 -7q� Crit, Hab, Yea City_ ) UI� pN __ Phone # 0S w — ibeY Basin —� SSaL— Photos Ya No —_y pp a o Ca r a.f taat / a�n uLw— `�--�--- Walver Required ° Adj. Wtr. Body r h In DWQ Buffer Area c Yes o Closest Maj. Wtr. Body __ 'I,,i m a r1 t Specify DWQ Buffer If applicable: —_ — Restoration Extension Granted Yes No NOV Date — — CNOV Date - Penalty Assessment Sent to Respondent Date Rcvd by DCM Date Assessment Extended Yes No Initial Req, Comp. Date Date Comp. Observed __-_.-- 71.0409 Ref. Restoration Letter Acceptance Date Recomm. Assess, I DCM Assess, App.IPermit Fee 1 LGJ C i is g g Penalty�� Willfulllntent. Is --_—g Continuing I $ _ S I - - g '$ Other _ — — — —' Total Formal Assessments, Appeals and Reductions Date Long Form Submitted Date Formal CPA Submitted Final Assessment $ Assessment Appealed Yes No ❑ Penalty modified Attorney General's Office for Injunction or Formal Collection Date sent to AG. ❑ Respondant not responsive to penalty/NOV ❑ Injunction to complete restoration Date Collection Let. Sent Date Demand Let. Sent Violation Activities and Impacts AECs Affected:0 Wetlands Impacted? Ye / No If yes, which types: CW EW PTA ES PTS OEA • HHF IH SA DS CJ SY JR TY SS SC SP IF BF 4 PWS: FC: Other: Restoration Required by the Respondent Yes No Dimensions In excess ofpermlt/unauthorizedactivities Dimensions to restore Final dimensions allowed Actually restored Development Activitles No,xls, - Mt 24 Habitat Description I I NOTES: _ I N Sa.rJ `Xp w a h r \4 n°S{ (ti Pin,n� } cf J in1 w Iw (io --�J--—`='—J-Y-tb � �QNn Via. ✓� A-rs Closing Payment Received S___......—_—_.—__—_Date ______ Date Case Closed NCDENR North Carolina Department of Environment and Natural Resources Division of Coastal Management Michael F. Easley, Governor Charles S. Jones, Director October 20, 2005 Robert E. Halstead 1051 Waterlily Rd. Churches Island, NC 27923 RE: Halstead shoreline stabilization project on Waterlily Rd. Dear. Mr. Halstead: William G. Ross Jr., Secretary ti ii The NC Division of Coastal Management originally received a major permit application from you on January 10, 2005, for the shoreline stabilization project located on Waterlily Rd in Currituck County. An initial screening of the submittal package was conducted, and our office notified you on January 12, 2005, of certain deficiencies that required your attention before the application package could be accepted as complete. The entire package was returned to you so that the areas of deficiency could be addressed and/or corrected. On February 7, 2005, you sent our office reworked application drawings, but did not address all the conditions that were required in our letter of January 12, 2005. Since the date of February, 2005, our office has not received any updates from you regarding the Halstead shoreline stabilization project. Due to this fact, and the fact that it has been over eight months since we have had any official correspondence from -you regarding your permit application, we are officially closing the file due to inactivity. Please do not hesitate to contact me, or the assigned Field Representative, Kimberly Hedrick, at our Elizabeth City office (252-264-3901) if you have any questions regarding this letter or the permitting process. Sincerely, Ted Sampson Cc: Kimberly Hedrick, Field Representative, Division of Coastal Management Ted Tyndall, Assistant Director, Division of Coastal Management 1367 U.S. 17 South, Elizabeth City, North Carolina 27909 Phone: 252-264-3901 1 FAX: 252-264.37231 Internet: www.nccoastalmanagement.net An Equal Opportunity 1 Affirmative Action Employer - 30% Recycled by Fiber Weight 03-Nov-05 NC DIVISION OF COASTAL MANAGEMENT ENFORCEMENT RECORD CASE NUMBER LAST NAME FIRST NAME BUSINESS NAME: 05-29A IDOYEN,SR. RAY (� CASE IS CLOSED �. Previous Violations in Same ❑ AEC for Similar Activities NOV DATE CLOSURE DATE Elapsed Days AFFLILIATION SECTOR 1012012005 F_ PROPERTY OWNER PRIVATE MAILING ADDRESS CITY STATE ZIP CODE PHONE NUMBER 106 PIRATES COVE WAY HERTFORD NC 27944- (252) 426-1247 PROPERTY ADDRESS COMMUNITY WATERBODY NEAREST ROAD LOT 98 FLYWAY DR 1HERTFORD 1ALBEMARLE SOUND r— DISTRICT OFFICE COUNTY DCM REPRESENTATIVE LPO CONTACT ECDO PERQUIMANS 1HEDRICK �— ❑ CW [ EW ] PTA ;J] ES ❑ PTS VIOLATION TYPE MAJOR CAMA ❑ OEA ❑ HHFA ❑ IHA ❑ PWS ❑ NCRA NATURE OF VIOLATION AEC DESCRIPTION SECTION 404 WETLANDS zed major development by filling Section 404 wetlands with construction aeons ano omer unapprovea within the ES AEC and buffer area adjacent to a man-made canal contiguous with the Albemarle Sound. 0 ❑ RESTORATION NOT REQUIRED - CONTRACTOR ❑ RESTORATION NOT REQUIRED-PERMITTABLE DEVELOPMENT ❑ RESTORATION NOT REQUIRED - FURTHER IMPACTS ❑ RESTORATION PENDING RESTORATION REQUEST DATE COMPLETION DATE 11/10/2005 RESTORATION EXTENDED RESTORE DATE ❑ DEADLINE F EXTENDED ❑ REFERRED TO AG'S OFFICE - INJUNCTION INJUNCTION DATE: _ 11 REFERRED TO AG'S OFFICE - COLLECTION COLLECTION REQUEST DATE: 1 — ASSESSMENT DATE PENALTY AMOUNT COLLECTION DATE AMOUNT COLLECTED ❑ PENALTY ISSUED ❑ WILLFUL & INTENTIONAL PENALTY (MIN. OR DOUBLED) ❑ PENALTY NOT ISSUED ❑ CNOV ISSUED —CNOV DATE ❑ CONRACTOR'S FIRST OFFENSE ❑ PENALTY APPEALED —APPEAL DATE J FORMAL CPA ISSUED —FORMAL CPA DATE ❑ SETTLED, AGREED UPON. STIPULATED PENALTY —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 (SO. FT) NOTES 1 1:1 : !ATC''J V! ;� - 11V,�' 1, Lm I 1;t4 -, �e -77 Cl 'CA 1 AC L4i :.Q- 1h, 7 Id T. PAVI , Y.O. nnr 1-:;:1, ic 'IblIfAll-m I JQ r1t):%, .WIIIJ yl IV f-VICIO"jb 10,rmr 0, wj i,,i :v!j !4 a lat., 10 :f',M .. ;j jr`,)0E% A,V ON 1 14TOK'. .i I q 1 vl.` I l"WO T 1) 43 X. ,T-' 0? 03-Jan-06 NC DIVISION OF COASTAL MANAGEMENT ENFORCEMENT RECORD CASE STATUS CASE NUMBER LAST NAME ❑ CASE IS OPEN ;:I FIRST NAME BUSINESS NAME'. 05-29A 1DOYEN, SR. RAY (t) CASE IS CLOSED Previous Violations in Same ❑ AFC for Similar Activities NOV DATE CLOSURE DATE Elapsed Days AFFLILIATION SECTOR I W20/7005 � 47 leaf .g `I PROPERTY OWNER PRIVATE MAILING ADDRESS CITY STATE ZIP CODE PHONE NUMBER - - 106 PIRATES COVE WAY 1HERTFORD NC 27944- (252) 426-1247 PROPERTY ADDRESS COMMUNITY WATERBODY NEAREST ROAD LOT 98 FLYWAY DR 1HERTFORD ALBEMARLE SOUND r—— DISTRICT OFFICE COUNTY DCM REPRESENTATIVE LPO CONTACT ECDO PERQUIMANS 1HEORICK VIOLATION TYPE AFFECTED AEC(S);: [ICW ❑ EW -I PTA VIES ❑ PTS MAJOR CAMA ❑ OEA ❑ HHFA ❑ IHA ❑ PWS ❑ NCRA NATURE OF VIOLATION AEC DESCRIPTION ISECTION404 WETLANDS Unauthorized major development by filling Section 404 wetlands with construction debris and other unapproved materials within the ES AEC and buffer area adjacent to a man-made canal contiguous with the Albemarle Sound _RESTORATION STATUS RESTORATION REQUEST DATE COMPLETION DATE V] RESTORATION REQUIRED 11/10/2005 11/22/2005 Ll RESTORATION NOT REQUIRED - EXTENDED RESTORE DATE CONTRACTOR El El RESTORATION RESTORATION NOT REQUIRED - DEADLINE DEADLINE PERMITTABLE DEVELOPMENT EXTENDED ❑ RESTORATION NOT REQUIRED - FURTHER IMPACTS ❑ REFERRED TO AG'S OFFICE - INJUNCTION ❑ RESTORATION PENDING INJUNCTION REFER DATE: F ❑ REFERRED TO AG'S OFFICE -COLLECTION COLLECTION REQUEST DATE: �— _ PENALTY STATU ASSESSMENT DATE PENALTY AMOUNT COLLECTION DATE AMOUNT COLLECTED 11129/2005 $350 12/6/2005 $350 © PENALTY ISSUED ❑ WILLFUL &INTENTIONAL PENALTY (MIN. OR DOUBLED) ❑ PENALTY NOT ISSUED ❑ CNOV ISSUED F—CNOV DATE ❑ CONRACTOR'S FIRST OFFENSE El PENALTY APPEALED APPEAL DATE ❑ FORMAL CPA ISSUED I FORMAL CPA DATE ❑ SETTLED. AGREED UPON, STIPULATED PENALTY [SETTLEMENT DATE ❑ UNCOLLECTIBLE PENALTY F—UNCOLLECTIBLE DETERMINATION DATE Violations Involving Adversely Impacted Resources AMOUNT OF ADVERSELY DISTURBED AREA (SO. FT.) r AMOUNT OF RESTORED AREA (SQ. FT) NOTES i� ;�