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HomeMy WebLinkAbout05-12B BracyD M ENFORCEMEf l ' TF-)Ar'f'IN RL"b"S DC i 4 1 . Issuer My Dom Field Rep.,�ELLX 9iy�cLi _ Vie!eOacEaseNo. —� A B C LPO Violated Permit No. LPJ t-%--75oA /E f i7 (r applicable) Violation Description Was activity permittable? Yes / No Initial Discovery Date / 2 s 111 v o t Discovery Method a r./ e-r W2R t-l) I s / -r Violation Description . //JS 7'ALa-Eve /a /'i ent Information Prior Violations in same AEC: Yes / No Respondent Name(s) / --N^f 15 '"'v ! LanuVWi IIfAJC11UVUIlU OLWII Address 1 a 3Dx l& 7/ City fie/,06 -�4 E State Zip Phone Fax # Email Violation Type: Project Type: Authorizations Required: Site Visits Respondent Site Visits Respondent _1' No Permit rivate/Community [IMajor ®LAMA Present � ❑ Present ❑ ,4-�PermitCondition ❑ Govt.lPublic [nor ❑ D&F ❑ ❑ Expired Permit ❑Commercial ❑General ❑ ❑ i i Inconsistent wl Rules Violation Location and Site Description Rover File Project Location: County /--6X1-FL?V 0 Shoreline Length Street Address/ State Road/ Lot #(s) D S Z / 44 a -2 SAM Not Sure Yes No /n1 J J7N All yr 7. DA2w,�7 %`u ,-J I Sandbags: Not Sure Yes r� -.., A 1 5 PNA: Yes ,4J� Adjacent $ObdlvlSlOn ORW: N� Adjacent City GPI 1Tv �l ZIP Crit. Hab. Phone # (_) River Basin (fo' o +� Photos it Adj. Wtr. Body /K—At "^^�2E G4.I4A` (nat /spa nkul— Waiver Required in DWQ Buffer Area Closest Maj. Wtr. Body l clz)w4 �I 'LN Specify DWQ Buffer If applicable: Restoration Extension Granted Yes N r2 ScV)- oc— NOV Date 9 A44 o' Initial Req. Comp. Date CNOV Date Date Comp. Observed} g AUV Z� t Penalty Assessment Sent to Respondent Date dU of Rcvd by DCM Date Assessment Extended Yes No - App.IPermit Fee Penalty Willfulllntent. ILIi Continuing Other 7J.0409 Ref. 9 Total Restoration Letter y, Ndv, OS Acceptance Date . Recomm. Assess. DCM Assess. $ TS f on $ /O $ I$ if If is is /�� [� a nnt — IF Formal Assessments, Appeals and Reductions Date Long Form Submitted Assessment Appealed Yes No Date Formal CPA Submitted 1-1 Penalty modified Final Assessment $ Date Attorney General's Office for Injunction or Formal Collection j/i�114' 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 No If yes, which types: CW EW PTA ES PTS OEA HHF IH SA DS Cl ALS N IF SS SC SP IF BF 404 PWS: FC: Other: Restoration Required by the Respondent Yes / No Dimensions in excess otpermidunauthorizedactivities Dimensions to restore Final dimensions allowed Actually restoretl I Development Activities ',-J /3 `x ± �b / •r 1 i '+ 1 = r3 ' x CE�"1E.••T 1n i i 1 j Habitat Description s lS T 13 `x } 1 it — /3 `k ± /ss ; II I i NOTES: M1A)jA P--;tM/r nnV - aS� i5Sctn Ta r3vxr A-zjn IJiO !x FV.-- 174,7 4-214 5 —'Y LAC TIO �2 G — A Zy2' t r /a-n -rn a /-J ,0 4 7-" r .1 ' A 1 /J L, r= 2 r i A) its i AJ ,9L4�j S Fc�2 L 0A4-;r- r oR DA e,^74 ) 3e I-ICT/L'%/" Z. LL ;Pe-c1 P � fl ,fZi LLA� A-r'� D 1 12-J-k4= "e� r-7 / .4-7-1 � ! NJ � r: ii-tl 5 M I r•'/ /1'IQ i-✓%C/7 /4i 1'T/41L /SiJ9 /-i Y MEN'r 'P.4+) 1 1 e-h /UaC 21.f 1-tc Ja c✓.l le A 15 //1 r s/s srsi. >- t-),'n,4 r2tc c.S� i�A-i/m�'1X.YJS Closing Payment Received 5 _Date J / '202 Date Case ClosedQ�— e�� 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 21 November 2005 UD LSB RB TB �B Mr. Dennis M. Bracy (MTT Post Office Box 1671 Reidsville, NC 27320 RE: Payment of Proposed Penalty for vola6ons of the Coastal Area Manegem 1L�a Hertford County III 1 CAMA Ifloladon #05.128 I Iv11 Dear Mr. Bracy: NOV 2 8 2005 This letter will acknowledge receipt of your Check #5545, in the amount of $100, andWeb9fidnlgfty DCM 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 (252) 948-3851 in the Washington Regional Office. Sincere) , Ic�2j T E. Moore District Manager c: Ted Tyndall, Assistant Director oy Brownlow, Compliance Coordinator R. Kelly Spivey, Coastal Management Representative 943 Washington Square Mall, Washington, North Carolina 27889 Phone: 252-946-64811 FAX: 252-948-04781 Internet: www.nccoastalmanagement.net Mr. Dennis Bracy NOV #05-12B 4 November 2005 Page 3 CAMA VIOLATION #05-12B 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 $100.00 against me for violation of the Coastal Area Management Act, NCGS 113A-100 et sew, committed on or near my property located at 117H River Drive, off SR 1402, adjacent to a man-made canal, which connects into the Chowan River near Winton, Hertford 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 9 August 2005, and agree to pay the civil assessment of $100.00 DATE 1 Q S 5Lt 1 6''7/ ADDRESS �J Q-- �,73a0 336 3(k9,- -3)4 TELEPHONE NUMBER r 1 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 21 November 2005 Mr. Dennis M. Bracy Post Office Box 1671 Reidsville, NC 27320 3 NOV 2 g 2005 Morehead City pCM RE. Payment of Proposed Penalty for Violations of the Coastal Area Management Act Hertford County CAMA Violation #05-12B Dear Mr. Bracy: This letter will acknowledge receipt of your Check #5545, in the amount of $100, and dated 15 November 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 (252) 948-3851 in the Washington Regional Office. sincere) , T E. Moore District Manager Ned Tyndall, Assistant Director Roy Brownlow, Compliance Coordinator R. Kelly Spivey, Coastal Management Representative 943 Washington Square Mall, Washington, North Carolina 27889 Phone: 252-946-6481 \ FAX: 252-948-0478 \ Internet: www.nccoastalmanagement.net Mr. Dennis Bracy NOV #05-12B 4 November 2005 Page 3 `Y CAMA VIOLATION #05-12B 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 $100.00 against me for violation of the Coastal Area Management Act, NCGS 113A-100 et sew, committed on or near my property located at 117H River Drive, off SR 1402, adjacent to a man-made canal, which connects into the Chowan River near Winton, Hertford Countv, 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 9 August 2005, and agree to pay the civil assessment of $100.00 DATE ;sue ADDRESS I AJ 336 3�9r�-3?' TELEPHONE NUMBER 20-Dec05 NC DIVISION OF COASTAL MANAGEMENT ENFORCEMENT RECORD 1 POW CASE NUMBER LAST NAME _ FIRST NAME BUSINESS NAME: O 05-128 IBRACY IDENNIS Q CASE IS CLOSED Previous Violations in Same ❑ AEC for Similar Activities NOV DATE CLOSURE DATE Elapsed Days AFFLILIATION SECTOR 8/912005 1 104 1PROPERTY OWNER 1PRIVATE MAILING ADDRESS CITY STATE ZIP CODE PHONE NUMBER POB 1671 REIDSVILLE NC 27320- 1 PROPERTYADDRESS COMMUNITY WATERBODY NEAREST ROAD 117H RIVER DR IWINTON ICHOWAN RIVER SR 1402 DISTRICT OFFICE COUNTY DCM REPRESENTATIVE LPO CONTACT WARD IHERTFORD ISPIVEY�- VIOLATION TYPE AFFECTED AEC{S). ElCW [IEW ❑ PTA ❑ ES © PTS MINOR CAMA ❑ OEA ❑ HHFA ❑ IHA ❑ PWS ❑ NCRA NATURE OF VIOLATION AEC DESCRIPTION Unauthorized minor development by constructing a cement pad and associated man-made canal that flows into the Chowan River in the CS AEC. RESTORATlO1J SrATUS4 ❑ RESTORATION NOT REQUIRED- CONTRACTOR ❑ RESTORATION NOT REQUIRED - PERMITTABLE DEVELOPMENT RESTORATION NOT REQUIRED - FURTHER IMPACTS ❑ RESTORATION PENDING RESTORATION REQUEST DATE COMPLETION DATE 9/12/2005 1 11/3/2005 RESTORATION EXTENDED RESTORE DATE ❑ DEADLINE EXTENDED ❑ REFERRED TO AG'S OFFICE - INJUNCTION INJUNCTION REFER DATE: i._.. ❑ REFERRED TO AG'S OFFICE - COLLECTION COLLECTION REQUEST DATE: I ASSESSMENT DATE PENALTY AMOUNT COLLECTION DATE AMOUNT COLLECTED PENALTY STATUS 11/4/2005 $100 11/21/2005 $100 (] PENALTY ISSUED ❑ WILLFUL & INTENTIONAL PENALTY (MIN. OR DOUBLED) ❑ PENALTY NOT ISSUED ❑ CNOV ISSUED �CNOV DATE ❑ ❑ CONRACTOR'S FIRST OFFENSE PENALTY APPEALED APPEAL DATE ❑ FORMAL CPA ISSUED FORMAL CPA DATE ❑ 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 (SQ. FT) NOTES bd North Carolina Department of Environment and Natural Resources Division of Coastal Management Michael F. Easley, Govemor Charles S. Jones, Director William G. Ross, Jr., Secretary 4 November 2005 CERTIFIED MAIL 7003 3110 0002 0608 6597 RETURN RECEIPT REQUESTED Mr. Dennis Bracy _�ILLSB RB P.O. Box 1671 TB —FRB Reidsville, North Carolina 27320 MTT RE: CAMA VIOLATION #05-12B Dear Mr. Bracy: This letter is in reference to the Notice of Violation that R. Kelly Spivey, representative for the Division of Coastal Management, issued to you on 9 August 2005 for unauthorized development in violation of the Coastal Area Management Act (CAMA). The violation occurred on -site your property located at 117H River Drive off SR 1402 adjacent to a man-made canal, which connects into the Chowan River near Winton, Hertford County. The violation resulted from the construction of a t13' by f18' cement pad and associated rock landscaping within 30' of the man-made canal that flows into the Chowan River. The violation involved Coastal Shoreline, which is an Area of Environmental Concern designated by the Coastal Resources Commission. Based upon the site visit conducted on 3 November 2005 by Mr. Kelly Spivey, the restoration requested is 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 against any violation. It is the policy of the Coastal Resources Commission to assess a civil penalty for all violations. This is done to recover some of the cost 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 $100 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 Civil Assessment"; (2) attach a check or money order for $100 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 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. No°` Caro i a 1 atuulf 943 Washington Square Mall, Washington, North Carolina 27889 Phone: 252-946-6481 1 FAX:252-948.0478 1 Internet. w .ncwastelmsneoementnel/ Mr. Dennis Bracy 4 November 2005 Page 2 NOV 405-12B If you do not send a signed agreement and payment to this office within ten (10) days, the Director, 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 252-948-3 85 1. Sind Terry E. Moore District Manager Division of Coastal Management Washington Regional Office ENCLOSURE c: Ted Tyndall - Assistant Director, DCM Roy Brownlow - Compliance Coordinator, DCM R. Kelly Spivey - Field Representative, Washington Regional Office, DCM Raleigh Bland — U.S. Army Corps of Engineers i Mr. Dennis Bracy 4 November 2005 Page 3 NOV #05-12B CAMA VIOLATION #05-1213 AGREEMENT TO PAY PROPOSED CIVIL ASSES] MENT 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 $100.00 against me for violation of the Coastal Area Management Act, NCGS 113A-100 et Leg, committed on or near my property located at 117H River Drive, off SR 1402, adjacent to a man-made canal, which connects into the Chowan River near Winton, Hertford 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 9 August 2005, and agree to pay the civil assessment of $100.00 SIGNATURE ADDRESS TELEPHONE NUMBER r J)� Lowana n r'Ted aoFmA5T4[� 7°`r Ronda Roy North Carolina Department of Environment and Natural Resources 05-12B Division of Coastal Management Michael F. Easley, Governor Charles S. Jones, Director William G. Ross, Jr., Secretary NOTICE OF VIOLATION 9 August 2005 CERTIFIED MAIL 7003 3110 0002 0605 8891 RETURN RECEIPT REQUESTED Mr. Dennis Bracy P.O. Box 1671 Reidsville, North Carolina 27320 Dear Mr. Bracy: This letter confirms that on 12 July 2005 I was onsite your property located at 117H River Drive off SR 1402 adjacent to a man-made canal, which connects into the Chowan River near Winton, Hertford County. The purpose of my visit was to monitor the development project authorized under CAMA Minor Development Permit 004-08 issued to Robert and Dennis Bracy on 11 November 2004. This letter also confirms our 1 August 2005 telephone conversation. Information gathered by me indicates that you have undertaken or are responsible for minor development in violation of the Coastal Area Management Act (CAMA). No person may undertake activity constituting minor development within 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 byNorth Carolina General Statutes (N.C.G.S.)113A-118. Information I have indicates that you have undertaken or are legally responsible for the construction of a f 13' by t18' cement pad and associated rock landscaping within 30' of the man-made canal that flows into the Chowan River. The development activities took place within the Coastal Shoreline of the man-made canal, which is a designated AEC. Furthermore the development activities occurred within the 30' buffer. CAMA Minor Permit 004-08 was issued on 11 November 2004 for the construction of a residence with associated decking, but excluded development within the 30' buffer with the exception of a 6' wide pervious access to the water. Based on these findings, I am initiating an enforcement action by issuing this Notice of Violation for violating the Coastal Area Management Act. I request that you IMMEDIATELY CEASE AND DESIST any further unauthorized development activities within any designated Areas of Environmental Concern. If the development I4.Q7,'thCarolina -r/Vl nAlraiiI 943 Washington Square Mall, Washington, North Carolina 27889 Phone:252-946-6481 1 FAX: 252-948-0478 1 Internet vnnv.nccoastalmanagement.nell An Equal opportunity k Affirmative Action Employer-50% Recycled k 10% Post Consumer Paper Mr. Dennis Bracy 9 August 2005 Page Two 05-12B completed to date is not consistent with the applicable standards, as in this case, you will be required to restore the area to its former condition and/or bring all aspects of the project into compliance. A civil assessment of up to $2,500 may be assessed against any violator. Each day that the development activity described in this Notice is continued or repeated may be considered a separate violation as provided in NCGS 133A-126(d) and may be subject to an additional civil assessment. An injunction or criminal penalty may also be sought to enforce any violation as stipulated in NCGS 113A-126. It is the policy of the Coastal Resources Commission to levy a minimum civil assessment of $50 not to exceed $250 against all violations. This is done to recoup some of the costs of investigating violations and/or to compensate the public for any damage to its natural resources. Whether a higher amount will be assessed depends on several factors, including the nature and area of the resources that were affected and the extent of the damage to them. Based upon N.C. Administrative Code Title 15A Subchapter 7H, State Guidelines for Areas of Environmental Concern, the activity you have undertaken is not consistent with section .0209(10), Coastal Shoreline. Therefore, I am requesting that the cement pad and associated rock landscaping placed within 30' of the bulkhead be removed. Provided you intend to cooperate with the request, you should sign the attached Restoration Agreement and return it to me in the enclosed self-addressed envelope. No response from you within 10 days of the receipt of this letter will be interpreted as a refusal to cooperate and a court injunction will be sought ordering the restoration. Thank you for your time and cooperation in resolving this matter. If you have any questions about this or related matters, please came at (252) 948-3 853. Pending an enforcement report to be submitted, you will be notified as to the amount of a civil assessment for undertaking development without first obtaining the proper permit(s). Sincerely, R. Kelly ySS— pi vey Coastal Management Representative ENCLOSURE c: Ted Tyndall - Assistant Director, DCM Terry E. Moore- District Manager, Washington Office, DCM Paul Vaughan — Hertford County LPO oy Brownlow — Compliance Coordinator, DCM ..� y Mr: Dennis Bracy 9 August 2005 Page3 Restoration Plan M� r i —MAY. 9: 'F La w lrcv C 0 �-1 V eYL Ex,s-r „r y T$aaY�-+SAD C-a,s-r,+44' . La o-OoN �fD�l 92LK —r13� /-5-4 ^ -gas -M Gc- ?-EST'ZCzW 53`9 J2'—AIOWIq() pocK L�JSL�(-Pr1.1Cj N/ i C E'M Eiv T wr4 L K w.�1 / Restoration Agreement I, Dennis Bracy, agree to remove the cement pad and rock landscaping within 30' of the bulkhead within the Coastal Shoreline Area of Environmental Concern. Dennis Bracy agrees to complete the restoration to the satisfaction of the Division of Coastal Management by 12 September 2005 or provide an explanation of non-compliance and a reasonable request for a time extension. Signature: Date: It is the policy of the Coastal Resources Commission to levy a minimum civil assessment of $50 and higher 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. %z-9-,_Lowana Ted i _Ronda _Roy North Carolina Department of Environment and Natural Resources 05-12B Division of Coastal Management Michael F. Easley, Governor . Charles S. Jones, Director William G. Ross, Jr., Secretary NOTICE OF VIOLATION 9 August 2005 CERTIFIED MAIL 7003 3110 0002 0605 8891 RETURN RECEIPT REQUESTED Mr. Dennis Bracy P.O. Box 1671 Reidsville, North Carolina 27320 Dear Mr. Bracy: This letter confirms that on 12 July 2005 I was onsite your property located at 117H River Drive off SR 1402 adjacent to a man-made canal, which connects into the Chowan River near Winton, Hertford County. The purpose of my visit was to monitor the development project authorized under CAMA Minor Development Permit 004-08 issued to Robert and Dennis Bracy on 11 November 2004. This letter also confirms our 1 August 2005 telephone conversation. Information gathered by me indicates that you have undertaken or are responsible for minor development in violation of the Coastal Area Management Act (CAMA). No person may undertake activity constituting minor development within 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 Statutes (N.C.G.S.) 113A-1 18. Information I have indicates that you have undertaken or are legally responsible for the construction of a f13' by f18' cement pad and associated rock landscaping within 30' of the man-made canal that flows into the Chowan River. The development activities took place within the Coastal Shoreline of the man-made canal, which is a designated AEC. Furthermore the development activities occurred within the 30' buffer. CAMA Minor Permit 004-08 was issued on 11 November 2004 for the construction of a residence with associated decking, but excluded development within the 30' buffer with the exception of a 6' wide pervious access to the water. Based on these findings, I am initiating an enforcement action by issuing this Notice of Violation for violating the Coastal Area Management Act. I request that you IMMEDIATELY CEASE AND DESIST any further unauthorized development activities within any designated Areas of Environmental Concern. If the development WorthCarolina ,Natara<!y 943 Washington Square Mall, Washington, North Carolina 27889 Phone:252-946-6481 t FAX:252-948-0478 % Internet www.nccoastalmanagementnetl An Equal Opportunity1 Affirmative Action Employer— 50% Recycled 110% Post Consumer Paper Mr. Dennis Bracy j 05-12B 9 August 2005 Page Two completed to date is not consistent with the applicable standards, as in this case, you will be required to restore the area to its former condition and/or bring all aspects of the project into compliance. A civil assessment of up to $2,500 may be assessed against any violator. Each day that the development activity described in this Notice is continued or repeated may be considered a separate violation as provided in NCGS 133A-126(d) and may be subject to an additional civil assessment. An injunction or criminal penalty may also be sought to enforce any violation as stipulated in NCGS 113A-126. It is the policy of the Coastal Resources Commission to levy a minimum civil assessment of $50 not to exceed $250 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 Title 15A Subchapter 7H, State Guidelines for Areas of Environmental Concern, the activity you have undertaken is not consistent with section .0209(10), Coastal Shoreline. Therefore, I am requesting that the cement pad and associated rock landscaping placed within 30' of the bulkhead be removed. 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 from you 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 the restoration. 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) 948-3853. Pending an enforcement report to be submitted, you will be notified as to the amount of a civil assessment for undertaking development without first obtaining the proper permit(s). Sincerely, R. Kelly Spivey Coastal Management Representative ENCLOSURE c: VTed Tyndall - Assistant Director, DCM Terry E. Moore- District Manager, Washington Office, DCM Paul Vaughan — Hertford County LPO Roy Brownlow — Compliance Coordinator, DCM Mr: Dennis Bracy 9 August 2005 Page3 Exisr��.l Restoration Plan N1^V.6; C p✓�t 'F La tad Ci �O }-�O W/k l-I J-1 V e� =A fjr 1/4 (� V..+o DYJC� pour f oDs^ / CEMeN7 � 'PAO \+ v�\ r13 134 �'7{MOv+i-ICE GeMENT' N� .- 3a 13k'Pr� LIMITS Restoration Agreement I, Dennis Bracy, agree to remove the cement pad and rock landscaping within 30' of the bulkhead within the Coastal Shoreline Area of Environmental Concern. Dennis Bracy agrees to complete the restoration to the satisfaction of the Division of Coastal Management by 12 September 2005 or provide an explanation of non-compliance and a reasonable request for a time extension. Signature: Date: It is the policy of the Coastal Resources Commission to levy a minimum civil assessment of $50 and higher 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. 14-Nov-05 NC DIVISION OF COASTAL MANAGEMENT ENFORCEMENT RECORD _ CASE NUMBER LAST NAME FIRST NAME BUSINESS NAME: 05-128 IBRACY DENNIS CASE IS CLOSED Previous Violations in Same AEC for Similar Activities NOV DATE CLOSURE DATE Elapsed Days AFFULIATION SECTOR 819/2005 97 IPROPERTY OWNER PRIVATE MAILING ADDRESS CITY STATE ZIP CODE PHONE NUMBER POB 1671 REIDSVILLE NC 27320. F- PROPERTY ADDRESS COMMUNITY WATERBODY NEAREST ROAD 117H RIVER DR WINTON ICHOWAN RIVER SR M DISTRICT OFFICE COUNTY DCM REPRESENTATIVE LPO CONTACT WARO HERTFORD ISPIVEY I VIOLATION TYPE I I CW ( 1 EW r 1 PTA ❑ ES PTS MINOR CAMA I . OEA I j HHFA [-I IHA PWS NCRA NATURE OF VIOLATION AEC DESCRIPTION ad minor development by constructing a cement pad ai canal that flows into the Chowan River in the CS AEC. RESTORATION REQUEST DATE COMPLETION DATE ❑�1 911212005 1 11/312005 ❑ 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 ❑ RESTORATION PENDING INJUNCTION DATE: F- [_J REFERRED TO AG'S OFFICE - COLLECTION COLLECTION REQUEST DATE: F- ASSESSMENT DATE PENALTY AMOUNT COLLECTION DATE AMOUNT COLLECTED LVI 1114/2005 $100 F PENALTY ISSUED F 1 WILLFUL & INTENTIONAL PENALTY MIN. OR DOUBLED) ❑ PENALTY NOT ISSUED 'CNOV ISSUED CNOV DATE ElCONRACTOR'S FIRST OFFENSES PENALTY APPEALED APPEAL DATE _ J FORMAL CPA ISSUED rFORMAL CPA DATE F] SETTLED. AGREED UPON, STIPULATED PENALTY SETTLEMENT DATE UNCOLLECTIBLE PENALTY r--UNCOLLECTIBLE DETERMINATION DATE Violations Involving Adversely Impacted Resources AMOUNT OF ADVERSELY DISTURBED AREA (SQ. FT.) AMOUNT OF RESTORED AREA (SO. FT) NOTES