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HomeMy WebLinkAbout08-13B Coastal Contractors of the Outer BanksNorth Carolina Department of Environment and Natural Resources
Division of Coastal Management
Pat McCrory Braxton C. Davis John E. Skvarla, III
Governor Director Secretary
FILE MEMORANDUM
TO: ROY BROWNLOW, COMPLIANCE COORDINATOR
FROM: M. TED TYNDALL, ASST. DIRECTOR
SUBJECT: VIOLATION CASE CLOSURE RECOMMENDATIONS
DATE: 08/01 /2013
CC: RONDA BENNETT
Investigation has disclosed information that warrants discontinuation of enforcement action on the
case listed below. Therefore, based upon staffs review and circumstances in this case, I hereby
authorize closing/discontinuing CAMA Violation case No.:
M. TED TYNDA L. Assistant Director
6q, y//-7/1
it�/:w �ur'Jcr�r[C
C'm 0
08/01/2013
Date
400 Commerce Avenue, Morehead City, North Carolina 28557
Phone: 252-808-2808 \ FAX: 252-247-3330 \ Internet: www.nccoastalmanagement.netAn Equal opportunity\
Affirmative Action Employer-50% Recycled 110% Post Consumer Paper
-7n-
STATE OF NORTH CAROLINA IN THE
GENERAL
COURT
URT DIVISION SIUSTICE
COUNTY OF HYDE FILE NO. 09-CVS-011
STATE OF NORTH CAROLINA
)
Ex rel, N.C. DEPARTMENT OF
)
ENVIRONMENT AND NATURAL
)
W
RESOURCES,
Plaintiff,
)
TUDG1ViE ,p„
m
—�
G
.�r•
V.1�-ry
DAVID PHARR, MICHELLE PHARR
)
N
i � i
0'
and MICHAEL FEARING,
�
r'v
Defendants.
co
THIS MATTER came on for hearing during the September 7, 2010 special session of
Hyde County Superior Court before the Honorable Richard L. Doughton, Special Superior Court
Judge Presiding. Plaintiff is represented by Assistant Attorney General Scott A. Conklin, Esq.,
and Assistant Attorney General Christine A. Goebel, Esq. of the -North Carolina Department of
Justice; Defendants David Pharr and Michelle Pharr (hereinafter "The Pharr Defendants" or
"Defendants") are represented by I. Clark Wright, Jr., Esq., Davis Hartman Wright, PLLC.
Plaintiffs claims against Defendant Michael Fearing previously were resolved by entry of a
Consent Order. The Pharr Defendants having waived any right to trial by jury, this matter was
heard before the Court as the Trier of all disputed issues of fact.
The fundamental issue before the Court is.whether Plaintiff is entitled to the enforcement
relief sought in its Complaint. The Pharr Defendants also bave raised a number of affirmative
defenses which the Court must address and resolve. Finally, The Pharr Defendants also have
requested recovery of cost and fees in accordance with N.C.G.S. 6-19.1, • Should the Court Wile
in favor of The Pharr Defendants, the issue of costs and fees in accordance with N.C.G.S. 6.19.1
dw
M1+�
19.. Plaintiff shall bear the costs of this action.
Based on the above FINDINGS OF FACT and CONCLUSIONS OF -LAW, it is now
ORDERED ADJUDGED AND DECREED that Plaintiffs Request for Mandatory, Permanent
Injunction is DENIED and the Consent Preliminary Injunction Order is DISSOLVED. Plaintiff
is to bear the costs of this action.
This the 17th day of September, 2010.
22
t
The Hon. Richard L: Doughto
Special Superior Court Judge Presiding
L
STATE OF NORTH CAROLINA ) NORTH CAROLINA COASTAL 4', Q.�.
RESOURCES COMMISSION
COUNTYOF HYDE ) CM 0 8 —13 B
IN THE MATTER OF: )
COASTAL CONTRACTORS OF THE OUTER )
11 BANKS, INC. )
CIVIL PENALTY ASSfE,S/SMTNT
Drt"� pT W
FOR VIOLATIONS OF THE COASTAL AREA ) < c
MANAGEMENT ACT, N.C. GENERAL ) Y \ (M M
STATUTE § 113A-100 et seq.
r
Pursuant to the Coastal Area Management Act (CAMA), North Carolina General Statutes
(N.C.G.S.) § 113A-126(d), and the authority vested in me by the Coastal Resources Commission
(CRC) pursuant to Rule 15A North Carolina Administrative Code (NCAC) 7J .0409(1)(1), I,
James H. Gregson, Director, Division of Coastal Management (DCM), North Carolina
Department of Environment and Natural Resources (DENR), find that Coastal Contractors of the
Outer Banks, Inc. is a corporation subject to the permit requirements in CAMA, responsible for
the following violations, and liable for the following civil penalty assessment:
I. VIOLATIONS COMMITTED
A. Coastal Contractors of the Outer Banks, Inc. is an active legal corporation, registered in
North Carolina.
B. This property is located at lots 6 and 7 Jackson Circle, Jackson Dunes Subdivision on
Ocracoke Island, Hyde County, North Carolina and is owned by Mr. David Pharr.
C. This violation occurred within coastal wetlands adjacent to Southward Creek, a tributary of
the Pamlico Sound.
D. The waters of Southward Creek and the Pamlico Sound are waters of the State of North
Carolina.
2
E. Pursuant to N.C.G.S. § 113A-113, the Coastal Resources Commission ("CRC") has
identified certain geographic areas as AECs and adopted standards for development within
them.
F. The coastal wetlands contiguous to Southward Creek are within the Coastal Wetlands Area
of Environmental Concern (AEC9) as designated by the CRC in Rules 15A NCAC 7H .0205.
G. Washington District Compliance and Enforcement Representative, Kim Hedrick, and Coastal
Management Representative, Steve Trowell, made a site inspection on 12 February 2008 of
Mr. David Pharr's property that is the subject of this violation and documented the placement
of earthen fill material in coastal wetlands.
H. Coastal Contractors of the Outer Banks, Inc. fill activity took place in a coastal wetland,
which is a designated AEC pursuant to N.C.G.S. § 113A-113(b)(1) and defined in N.C.G.S. §
113-229(n)(3)[NC Dredge and Fill Law]. The AEC is further defined in the Commission's
rules at 15A NCAC 7H .0201 and .0205(a).
I. The impacted coastal wetlands areas on Mr. Pharr's property are vegetated primarily with
Distichlis Wkata (Salt Grass), , Scirpus M. (1§ulrush), Spartina
patens S t Meadow Gras/ and Juncus roemerianus (Black Needleuvsh) and
p@Iffl2 (Salt Meadow Ckass).
J. The filling of coastal wetlands constitutes "development" as defined in N.C.G.S. § 113A-
103(5)(a), because the definition of "development" specifically includes "filling" in a duly
designated Area of Environmental Concern (AEC).
K. The development is "major development" under N.C.G.S. § 113A-118(d) because the filling
and grading of earthen fill material within coastal wetlands would have also required a
under the North Carolina Division of Water Quality and the United States Army Corps of
Engineers.
L. The activities undertaken would have required a CAMA Major Permit in order to be
authorized.
M. In N.C.G.S. § 113-229(a), the Dredge and Fill Law also requires every person to obtain a
permit before any excavation or filling project is begun in marshlands or tidelands.
N. No CAMA permit was issued to Coastal Contractors of the Outer Banks, Inc. or Mr. David
Pharr for development within the Coastal Wetland AEC. If Coastal Contractors of the Outer
Banks, Inc. or Mr. Pharr had applied for such a permit, it would have been denied because the
CRC's use standards prohibit filling coastal wetlands for non water -dependent uses pursuant
to 15A NCAC 7H .0205(d), and .0208(a)(1).
O. On 17 "�;r14 February 2008, DCM sent a Notice of Violation (NOV) to Coastal
Contractors of OBX, LLC [d.b.a. Coastal Contractors of the Outer Banks, Inc.] in care of Mr.
Eddie Hanusik, General Manager, by certified mail, return receipt requested. On 29 August
2008, DCM sent a NOV to the corrected legal entity name, Coastal Contractors of the Outer
Banks, Inc, in care of Mr. Rex D. Tillett. Both NOV's wamed-notified Coastal
Contractors of the Outer Banks, Inc. that the unauthorized placement of earthen fill material
within coastal wetlands is in violation of the Coastal Area Management Act and the State's
Dredge and Fill Law. The NOV's also informed Coastal Contractors of the Outer Banks, Inc.
of the Coastal Resources Commission's policy to assess a civil penalty for all violations.
.Contractors of the Outer Banks, Inc.
been issued a prior CAMA and�d'tredge and
7ill/,1otice of Violation No. 06-03B dated 17 January 2006 for violation of the terms and
b�
N
conditions of State Permit 176-05.
A
H sissued an informal proposed civil penalty assessment of $10,000 on March 17,
2008 for the unauthorized placement of earthen fill material in coastal wetlands on Mr. David
Pharr's aforementioned property but has not responded to the informal assessment.
H. CIVIL PENALTY ASSESSMENT
A. I hereby assess a civil penalty against Coastal Contractors of the Outer Banks, Inc. in the
amount of TEN THOUSAND AND TWENTY SEVEN DOLLARS ($10,02700) for
undertaking major development without a CAMA Development Permit in violation of
G.S. § 113A-118. In determining the amount of this penalty, I have considered the degree
and extent of the harm and cost of rectifying the damage as required under CAMA in
N.C.G.S. § 113A-126(d)(4) and the factors set forth in the Coastal Resources
Commission's rules in 15A NCAC 7J .0409(g)(3) and 15A NCAC 7J .409(g)(4)(D)(iii).
B. I have determined that a penalty of $10,02700 is appropriate under Rule 15A NCAC W
.0409(g)(4)(B) of the Coastal Resource Commission because of the degree of and extent
of harm caused by the violations, the effect on coastal resources, the damage to public
, a , r
resources, and the costs incurred by the Division for investigation, inspection, and �s
monitoring associated with this violation - �hd because Coas Contractors of thnOuter
Banks, Inc. has committed gprevious violations of the Commission's rules. The amount I
of the penalty is in accordance with 15A NCAC 7J .0409(g)(4)(B) and Schedule A which
addresses violations of major development that could not have been permitted under the
Commission's rules at the time the notice of violation is issued. Due to the 13,395 square
feet (.30 acre) of Coastal Wetland Area of Environmental Concern being affected,
Schedule A provides a penalty of $7,000 be imposed.
C. The Coastal Resources Commission's rule 15A NCAC 7J .0409(g)(4)(D)(iii) requires �7
that any penalty assessed under 15A NCAC 7J .0409 (g)(4)(A) shall be ubled or�'�
persons that have committed previous violations of the Commission's rules, except that
penalties assessed under this Subparagraph shall not exceed ten thousand dollarsplus
investigative costs.
D. Therefore, the penalties and investigative costs I have assessed against Coastal
Contractors of the Outer Banks, Inc. total $10,02700.00.
E. I hereby direct that this Civil Penalty Assessment be served on Coastal Contractors of the
Date
Outer Banks, Inc. as provided in N.C.G.S. § 113A-126(d)(3).
James H. Gregson, Director
Division of Coastal Management
e
NCDENR
North Carolina Department of Environment and Natural Resources
Division of Coastal Management
Michael F. Easley, Governor James H. Gregson, Director William G. Ross Jr., Secretary
July 16, 2008
CERTIFIED MAIL
Coastal Contractors of the Outer Banks, Inc.
c/o Mr. Eddie Hanusik, General Manager
P.O. Box 1119
Manteo, NC 27954
Re: Civil Penalty Assessment for Violations of the Coastal Area Management Act,
CM 08-13B, Hyde County
Dear Mr. Hanusik:
Pursuant to G.S. § 113A-126(d), this letter is notice of a Civil Penalty Assessment against
Coastal Contractors of the Outer Banks, Inc. by the Director, Division of Coastal Management.
The Civil Penalty Assessment document is attached.
Within twenty (20) days from the date of receipt of this letter, you must do one of the
following:
(1) Pay the Civil Penalty Assessment; or
(2) Submit a written request for settlement, which includes a detailed justification for
the request; or
(3) File a written petition for a contested case hearing in the Office of Administrative
Hearings (OAR) appealing the penalty assessment.
Additional information about these options is provided below:
PAYMENT
Payment of the penalty will close the matter immediately and require no further action or
expense on Coastal Contractors of the Outer Banks, Inc.'s part. If this option is chosen, Coastal
Contractors of the Outer Banks, Inc. should pay the penalty by a check or money order made
payable to the Department of Environment and Natural Resources (or DENR). This check should
be sent to Mr. Allen Jernigan, Special Deputy Attorney General, N.C. Department of Justice,
400 Commerce Avenue, Morehead City, North Carolina 28557
Phone: 252-808-28081 FAX: 252-247-33301 Internet: www.nccoastalmanagement.net
An Equal Opportunity 1 Affirmative Action Employer— 50% Recycled 110% Post Consumer Paper
Coastal Contractors of the Outer Banks, Inc.
July 16, 2008
Page 2 of 3
Environmental Division, Post Office Box 629, Raleigh, North Carolina 27602-0629. Mr.
Jernigan represents DENR in the resolution of this Civil Penalty Assessment.
SETTLEMENT
Coastal Contractors of the Outer Banks, Inc. may request a settlement of the penalty due to
unusual factual or legal considerations that were not taken into account in assessing it. A
settlement request is an admission that Coastal Contractors of the Outer Banks, Inc. committed
the violation. It forecloses the option of a contested case hearing. A settlement request must be
accompanied by a waiver of Coastal Contractors of the Outer Banks, Inc.'s right to a contested
case hearing and a stipulation that there are no factual or legal issues in dispute. A representative
of Coastal Contractors of the Outer Banks, Inc. must sign and return the attached waiver and
stipulation form to this office. A representative of Coastal Contractors of the Outer Banks, Inc.
must also attach a detailed justification showing why one or more of the civil penalty assessment
factors in G.S. § 113A-126(d) and Rule 15A NCAC 7J .0409 were wrongly applied to its
detriment.
Unfamiliarity with the law is not a ground for settlement. Neither is voluntary restoration.
In order to present Coastal Contractors of the Outer Banks, Inc. request properly, a representative
of Coastal Contractors of the Outer Banks, Inc. may be required to present your request before
the Coastal Resources Commission. An adverse determination may not be appealed to the courts.
If Coastal Contractors of the Outer Banks, Inc. chooses this option, send its reply to the Division
of Coastal Management, 400 Commerce Avenue, Morehead City, North Carolina 28557.
Coastal Contractors of the Outer Banks, Inc. may request a contested case hearing to
challenge the Director's factual findings and legal conclusions regarding the assessment. If
Coastal Contractors of the Outer Banks, Inc. files a contested case petition, it must be in writing
and in the form prescribed by G.S. § 150B-23. File the original petition and one copy with the
Office of Administrative Hearings (OAH), 6714 Mail Service Center, Raleigh, North Carolina
27699-6714. Any questions about filing a petition may be directed to the Clerk of OAH by
telephoning (919) 733-0926. Coastal Contractors of the Outer Banks, Inc. must serve DENR by
mailing a copy of the petition to:
Ms. Mary Penny Thompson
General Counsel
DENR
1601 Mail Service Center
Raleigh, North Carolina 27699-1601
Coastal Contractors of the Outer Banks, Inc. must also serve the Division of Coastal
Management by mailing a copy of the petition to:
400 Commerce Avenue, Morehead City, North Carolina 28557
Phone: 919-733-22931 FAX: 919-733-14951 Internet: www.nccoastaimanagement.net
An Equal Opportunity IAffirmative Action Employer— 50% Recycled 110% Post Consumer Paper
Coastal Contractors of the Outer Banks, Inc.
July 16, 2008
Page 3 of 3
James H. Gregson, Director
Division of Coastal Management
400 Commerce Avenue
Morehead City, NC 28557
Your attention to this important matter is appreciated.
Attachments: Assessment Document
Waiver of Right to Hearing and Request for Settlement
Cc: M. Ted Tyndall, Assistant Director, DCM
Terry Moore, District Manager, DCM
Roy Brownlow, Compliance Coordinator, DCM
Kim Hedrick, Coastal Management Representative, DCM
400 Commerce Avenue, Morehead City, North Carolina 28557
Phone: 919-733-22931 FAX: 919-733-14951 Internet: www.nccoastalmanagement.net
An Equal Opportunity 1 Affirmative Action Employer-50% Recycled 110% Post Consumer Paper
STATE OF NORTH CAROLINA ) NORTH CAROLINA COASTAL
RESOURCES COMMISSION
COUNTY OF Hyde ) CM 08-13B
IN THE MATTER OF: )
Coastal Contractors of the Outer ) REQUEST FOR SETTLEMENT OF
Banks, Inc. ) CIVIL PENALTIES; WAIVER OF
RIGHT TO ADMINISTRATIVE
FOR VIOLATIONS OF THE COASTAL AREA ) HEARING; AND STIPULATION OF
MANAGEMENT ACT, N.C. GENERAL ) FACTS
STATUTE § 113A-100 et seq. )
Having been assessed a civil penalty in the amount of TEN THOUSAND
DOLLARS ($10,000) for violation of the Coastal Area Management Act, which
violation is set forth in the Director's Civil Penalty Assessment dated
07/14/2008, Coastal Contractors of the Outer Banks, Inc. hereby requests
settlement of the civil penalty.
In order that this request for settlement may be considered, Coastal
Contractors of the Outer Banks, Inc, hereby waives its right to an
administrative hearing. Coastal Contractors of the Outer Banks, Inc.
stipulates that the facts are alleged in the assessment document and that
there are no factual or legal issues in dispute, other than the
reasonableness of the amount of the assessment. Coastal Contractors of
the Outer Banks, Inc. further understands that a request for settlement
is an acknowledgement of civil liability as set forth in the Director's
Civil Penalty Assessment and that there is no appeal to the Superior
Court of the decision on a request for settlement.
This the day of 2008.
NAME
(Signature)
ADDRESS
TELEPHONE
Attach a written statement justifying your settlement request.
Ifyou are represented by an attorney, provide his or her name, address, and telephone number:
STATE OF NORTH CAROLINA
COUNTY OF HYDE
IN THE MATTER OF:
COASTAL CONTRACTORS OF THE OUTER
BANKS, INC.
FOR VIOLATIONS OF THE COASTAL AREA
MANAGEMENT ACT, N.C. GENERAL )
STATUTE § 113A-100 et seq.
NORTH CAROLINA COASTAL
RESOURCES COMMISSION
CM 08-13B
CIVIL PENALTY ASSESSMENT
Pursuant to the Coastal Area Management Act (CAMA), North Carolina General Statutes
(N.C.G.S.) § 113A-126(d), and the authority vested in me by the Coastal Resources Commission
(CRC) pursuant to Rule 15A North Carolina Administrative Code (NCAC) 7J .0409(f)(1), I,
James H. Gregson, Director, Division of Coastal Management (DCM), North Carolina
Department of Environment and Natural Resources (DENR), find that Coastal Contractors of the
Outer Banks, Inc. is a corporation subject to the permit requirements in CAMA, responsible for
the following violations, and liable for the following civil penalty assessment:
I. VIOLATIONS COMMITTED
A. Coastal Contractors of the Outer Banks, Inc. is an active legal corporation, registered in
North Carolina.
B. This property is located at lots 6 and 7 Jackson Circle, Jackson Dunes Subdivision on
Ocracoke Island, Hyde County, North Carolina and is owned by Mr. David Pharr.
C. This violation occurred within coastal wetlands adjacent to Southward Creek, a tributary of
the Pamlico Sound.
D. The waters of Southward Creek and the Pamlico Sound are waters of the State of North
Carolina.
2
E. Pursuant to N.C.G.S. § 113A-113, the Coastal Resources Commission ("CRC") has
identified certain geographic areas as AECs and adopted standards for development within
them.
F. The coastal wetlands contiguous to Southward Creek are within the Coastal Wetlands Area
of Environmental Concern (AECs) as designated by the CRC in Rules 15A NCAC 7H .0205.
G. Washington District Compliance and Enforcement Representative Kim Hedrick and Coastal
Management Representative Steve Trowell made a site inspection on 12 February 2008 of
Mr. David Pharr's property that is the subject of this violation and documented the placement
of earthen fill material in coastal wetlands.
H. Coastal Contractors of the Outer Banks, Inc. fill activity took place in a coastal wetland,
which is a designated AEC pursuant to N.C.G.S. § 113A-113(b)(1) and defined in N.C.G.S. §
113-229(n)(3)[NC Dredge and Fill Law]. The AEC is further defined in the Commission's
rules at 15A NCAC 7H .0201 and .0205(a).
I. The impacted coastal wetlands areas on Mr. Pharr's property are vegetated primarily with
Distichlis spicata (Salt Grass), Salicornia syp. (Glasswort), Juncus romerianus (Black
Needlerush) and Soartina patens (Salt Meadow Grass).
J. The filling of coastal wetlands constitutes "development" as defined in N.C.G.S. § 113A-
103(5)(a), because the definition of "development" specifically includes "filling" in a duly
designated Area of Environmental Concern (AEC).
K. The development is "major development" under N.C.G.S. § 113A-118(d) because the filling
and grading of earthen fill material within coastal wetlands would have also required a permit
under the North Carolina Division of Water Quality and the United States Army Corps of
Engineers.
L. The activities undertaken would have required a CAMA Major Permit in order to be
authorized.
M. In N.C.G.S. § 113-229(a), the Dredge and Fill Law also requires every person to obtain a
permit before any excavation or filling project is begun in marshlands or tidelands.
N. No CAMA permit was issued to Coastal Contractors of the Outer Banks, Inc. or Mr. David
Pharr for development within the Coastal Wetland AEC. If Coastal Contractors of the Outer
Banks, Inc. or Mr. Pharr had applied for such a permit, it would have been denied because the
CRC's use standards prohibit filling coastal wetlands for non water -dependent uses pursuant
to 15A NCAC 7H .0205(d), and .0208(a)(1).
O. On 17 March 2008, DCM sent a Notice of Violation (NOV) to Coastal Contractors of OBX,
LLC [d.b.a. Coastal Contractors of the Outer Banks, Inc.] in care of Mr. Eddie Hanusik,
General Manager, by certified mail, return receipt requested. The NOV warned Coastal
Contractors of the Outer Banks, Inc. that the unauthorized placement of earthen fill material
within coastal wetlands is in violation of the Coastal Area Management Act. The NOV also
informed Coastal Contractors of the Outer Banks, Inc. of the Coastal Resources
Commission's policy to assess a civil penalty for all violations.
P. Coastal Contractors of the Outer Banks, Inc. has been issued a prior CAMA and dredge and
fill Notice of Violation dated 17 January 2006 for violation of the terms and conditions of
State Permit 176-05.
Q. Coastal Contractors of the Outer Banks, Inc. was issued an informal proposed civil penalty
assessment of $10,000 on March 17, 2008 for the unauthorized placement of earthen fill
material in coastal wetlands on Mr. David Pharr's aforementioned property but has not
responded to the informal assessment.
II. CIVIL PENALTY ASSESSMENT
A. I hereby assess a civil penalty against Coastal Contractors of the Outer Banks, Inc. in the
amount of TEN THOUSAND DOLLARS ($10,000) for undertaking major development
without a CAMA Development Permit in violation of G.S. § 113A-118. In determining
the amount of this penalty, I have considered the degree and extent of the harm and cost
of rectifying the damage as required under CAMA in N.C.G.S. § 113A-126(d)(4) and the
factors set forth in the Coastal Resource Commission's rules in 15A NCAC 7J
.0409(g)(3) and 15A NCAC 7J .409(g)(4)(D)(iii).
B. I have determined that a penalty of $10,000 is appropriate under Rule 15A NCAC 7J
.0409(g)(4)(B) of the Coastal Resource Commission because of the degree of and extent
of harm caused by the violations, the effect on coastal resources, the damage to public
resources, and the costs incurred by the Division for investigation, inspection, and
monitoring associated with this violation, and because Coastal Contractors of the Outer
Banks, Inc. has committed previous violations of the Commission's rules. The amount of
the penalty is in accordance with 15A NCAC 7J .0409(g)(4)(B) and Schedule A which
addresses violations of major development that could not have been permitted under the
Commission's rules at the time the notice of violation is issued. Due to the 13,395 square
feet (.30 acre) of Coastal Wetland Area of Environmental Concern being affected,
Schedule A provides a penalty of $7,000 be imposed.
C. The Coastal Resources Commission's rule 15A NCAC 7J .0409(g)(4)(D)(iii) requires
that any penalty assessed under 15A NCAC 7J .0409 (g)(4)(A) shall be doubled for
persons that have committed previous violations of the Commission's rules, except that
penalties assessed under this Subparagraph shall not exceed ten thousand dollars.
D. Therefore, the penalties and investigative costs I have assessed against Coastal
Contractors of the Outer Banks, Inc. total $10,000.00.
E. I hereby direct that this Civil Penalty Assessment be served on Coastal Contractors of the
Outer Banks, Inc. as provided in N.C.G.S. § 113A-126(d)(3).
AM h" -
Date Ja egson, Du r
Division of Coastal Management
SOSID: 0350564
Date Filed: 5131/200512:24:00 PM
Elaine F. Marshall
North Carolina Secretary of State
2005 15100432
0iBUSINESS CORPORATION
ANNUAL REPORT
NAIM OF BUSINESS CORPORATION: COABTAd CONTRRCMItSOFTHE OGTER BANKS, 2NC,
FISCAL YEAR ENDING: 1 }.181198 STATE OF INCORPORATION: NC
SECRETARY OF STATE CORPORATE ID NUMBER; 0350564
NATURE OF BUSINESS; Hemy vehtck construction
REGISTEREDAGIINT: Tlget6Rex D.
REGISTERED OFFICE MAILINOADDRESS; 720Hfghway64
Manteo, NC 27954
FEDERAL EMPLOYER ID NUMBER:
REGISTERED OFFICE STREET ADDRESS; 720 Nlghway 64
Mantee, NC 27954Dam Comfy
SIGNATURE OF TIM NEW REGISTERED AGENT;
SIGNATURE CONSTITUTES CONSENT TO THE APPOINTMENT
PRINCIPAL OFFICE TELEPRONE NUMBER; (232) 473.4700
PRINCIPAL OFFICE MAILING ADDRESS; 720NIghwW 64
Monteo, NC 279S4
PRINCIPAL OFFICE STREET ADDRESS: 720 Hwy 64
Marko; NC 27954
PRINCIPAL OFFICERS:
Netns: 9 01 A, 1 t r_ tY a -rr Name;
Name:
Title:
Title:
Title:
Address: pv LS ny Iq
Addtoss:
Address:
City: MaMrlsc)
State; -NGZip:-k-rg64
City:
State: Zip:
City:
St6te: Zip:
CERTIFICATION OF ANNUAL REPORT MUST BE COMPLETED BY ALI, BUSINESS CORPORATIONS
FORM MUST BE SIGNED BY AN OFFICRA OF THE CORPORATION DATE
(I r tf
TYPE OR PRINT NAME TYPE OR PRINT TITLE
ANNUAL REPORT FEE.: $20 MAIL, TO; 3e0emy df Sf%tQ 1 CarPomdons Dtv61m • Pan ORIae Box 291" - R*4 t, No 27626,11515
ze 14
Lb0e0 S:00Z-1Z—m4w
C200614401335
SOSID: 0798682
COASTABLOS 04112/2006 10:27 AM Date Filed: 5/241200612:13:00 PM
LIMITED LIABILITY COMPANY Elaine F. Marshall
ANNUAL REPORT North Carolina Secretary of State
C200614401335
NAME OF LIMITED LIABILITY COMPANY: CC of the Outer Banks, LLC
STATE OF INCORPORATION: NC
SECRETARY OF STATE R.L.L.P. ID NUMBER: 0798682
NATURE OF BUSINESS: Contractor
REGISTERED AGENT: Desmond G. Sheridan
FEDERAL EMPLOYER ID NUMBE�
REGISTERED OFFICE MAILING ADDRESS: 101 West Friendly Ave., Ste. 400
Greensboro NC 27401
REGISTERED OFFICE STREET ADDRESS: 101 West Friendly Ave., Ste. 400
Greensboro NC 27401
Guilford
SIGNATURE OF THE NEW REGISTERED AGENT:
SIGNATURE CONSTITUTES CONSENT TO THE APPOINTMENT
PRINCIPAL OFFICE TELEPHONE NUMBER: 252-473-4700
PRINCIPAL OFFICE MAILING ADDRESS: PO Box 1119
Manteo NC 27954
PRINCIPAL OFFICE STREET ADDRESS: 720 N. US Highway 64 #26
Manteo NC 27954
MANAGERS/MEMBERS/ORGANIZERS:
Name: Larry R. Tysinger
Title: Member
Name: W. Brantley Twiford
Title: Member
Name:
Tide;
Address: PO Box 1119
City: Manteo
Address: PO Box 1119
City: Manteo
Address:
City:
CERTIFICATION OF ANNUAL REPORT MUST BE COMPLETED BY ALL LIMITED LIABILITY COMPANIES
state: NC zip: 27954
state: NC Zip: 27954
State: Zip
FO MUST B IGNED BY A MANAGER/MEMBER DATE
W. R'e41 itikY 1-40 1
1f'oR Z)
TYPE OR PRINT NAME TYPE OR PRINT TITLE
ANNUAL REPORT FEE: $200 MAIL TO: Secretary of State 0 Corporations Divislon 0 Post Office Box 29525 0 Raleigh, NC 27626.0525
21
SOSID: 0350564
Date Filed: 4/16/2001 4:27 PM
STATE OF NORTH CAROLINA Elaine F. Marshall
Department of the Secretary of State . North Carolina Secretary of State
1 0 b 5 158 STATEMENT OF CHANGE OF REGISTER]
OFFICE AND/OR REGISTERED AGENT
Pursuant to §55-5-02, §55A-5-02, §55-15-08, and §SSA-15-08 of the General Statutes of North Carolina, the undersigned
corporation submits the following for the purpose of changing its registered office and/or registered agent in the State of North
Carolina.
FORkMI&TORRLNT YON E
The name of the corporation is: Coastal Contractors of the Outer Banks, Inc.
The street address and county of the corporation's registered office currently on file is:
Number and Street: 604 Harbor Road
City, State, Zip Code: Wanehase NC 27981 County:
The mailing address rf different from the street address of the reg�'stored office currently on file is:
P. 0. Box 1119, Manteo, NC 27954
The name of the current registered agent is: Glenn A.
NEW INFQRIvJATI0I1
1. The street address and county of the new registered office of the corporation is:
(complete this item only if the address of the registered office is being changed)
Number and Street: 720 Highway 64
City, State, Zip Code: Manteo, NC 27954 County: Dare
2. The mailing address if different from the street address of the new registered office is:
(complete this item only if the address ofthe registered office is being changed)
3. The name of the new registered agent and the new agent's consent to appointment appears below:
(complete this item only if the name of the registered agent is being ch nged)
Rex D. Tillett
Type or Print Name of New Agent Q Signature & Title
4. The address of the corporation's registered office and the address of the business office of its registered agent, as changed,
will be identical.
5. This statement will be effective upon filing, unless a date and/or time is specified:
This is the 5 dayof April 20 —1) 1—. COASTAL CONTRACTORS OF THE OUTER BANKS, :..r.
�Yr�+or oration Name
nature
Rex D. Tillett, President
Type or Print Name and Title
Notes: 1. Filing fee is $5.00. This document and one exact or conformed copy must be filed with the Secretary of State.
Revised January 2000 Form BN-06
CORPORATIONS DIVISION P. O. BOX 29622 RALEIGH, NC 27626-0622
Coastal Contractors
Subject: Coastal Contractors
From: Kim Hedrick <Kim.Hedrick@ncmail.net>
Date: Mon, 23 Jun 200811:32:07 -0400
To: Roy Brownlow <Roy.Brownlow@ncmail.net>
Dear Roy,
Mr. Eddie Hanusik is the General Manager working for CC of the Outer Banks, LLC doing business as (DBA)
Coastal Contractors of the Outers Banks, Inc. Connie Freeburg is an administrative assistant that signed for both
the NOV and Assessment Letter (informal), and she works in same building as Mr. Hanusik. Their correct mailing
address is P.O. Box 1119, Manteo, NC 27954, which is where I mailed the NOV and Assmt Itr. The P.O. Box 119
address listed under Dept. of the S of S is incorrect.
Thanks and please let me know if you need any more information on this case.
Kim Hedrick, Compliance & Enforcement Rep
INC Division of Coastal Management
INC Department of Environment and Natural Resources
943 Washington Square Mall Washington, NC 27889
Phone: 252.948.3936 FAX 252.948.0478
Email: Kim. HeddckC@ncmail.net
Kimberly Hedrick <kim.hedrick0ncmail.net>
Compliance and Enforcement Representative
NC Department of Environment and Natural Resources
Division of Coastal Management
1 of 1 6/24/2008 10:04 AM
©4 av�elt �a�res/-, p�ei11Id d.a. , 7oFce
An rdLo. PAN051 k I 0(/Kcit �iG r lUg r f VG
�y
CORPORATIONS
Yr. 'l fv^,^ +
North Carolina
Elaine F Marshall DEPARTMENT OF THE
Secretary SECRETARY OF STATE
PO Box 29622 Raleigh, NC 27626-0622 (919)807-2000
Corporations Home
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Corporation Names
Name Name Type
NC COASTAL Legal
CONTRACTORS OF THE
OUTER BANKS, INC.
Business Corporation Information
SOSID:
03505U
Status:
Current -Active
Date Formed:
8/2211994
Citizenship:
Domestic
State of Inc.:
NC
Duration:
Perpetual
Registered Agent
Agent Name:
Tillett, Rex D.
Registered Office Address:
720 Highway 64
Manteo NC 27954
Registered Mailing
720 Highway 64
Address:
Manteo NC 27954
Principal Office Address:
720 Hwy 64
Manteo NC 27954
Principal Mailing Address:
720 Highway 64
Manteo NC 27954
Stock
Class Shares No Par Value Par Value
COMMON 100000 Yes N/A
x L-Ni. I 7&
og-f23 f4�'
a
North Carolina Department of Environment and Natural Resources
Division of Coastal Management
Michael F. Easley, Governor James H. Gregson, Director William G. Ross, Jr., Secretary
March 17, 2008
CERTIFIED MAIL7007.0220.0003.1477.8729
RETURN RECEIPT REQUESTED
Coastal Contractors of OBX, LLC
c/o Mr. Eddie Hanusik, General Manager
P.O. Box 1119
Manteo, NC 27954
RE: CAMA VIOLATION #08-13-B
Dear Mr. Hanusik:
a- D
MAR 1 9'008
Morehead City ®CM
This letter is in reference to the Notice of Violation dated 14 February 2008 that Kimberly Hedrick,
Compliance and Enforcement Representative for the Division of Coastal Management, issued to Coastal
Contractors of OBX, LLC, as contractor, for the unauthorized filling of Coastal Wetlands that took place on Mr.
David Pharr's property. The property is located at Lots 6 and 7 Jackson Circle (SR 1371), in Jackson Dunes
Subdivision, at the head of Southward Creek, a tributary of the Pamlico Sound, on Ocracoke Island, Hyde
County, North Carolina. The violation involved Coastal Wetlands, which are Areas of Environmental Concern
(AECs) designated by the Coastal Resources Commission.
The Coastal Area Management Act provides that a civil assessment of up to $10,000 may be assessed
for any violation. It is the policy of the Coastal Resources Commission to assess a civil penalty for 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. Please be reminded that on 17 January 2006, this Division issued Notice of Violation
No. 06-03-B to you for filling in the Estuarine Shoreline AEC and other wetlands. Pursuant to the North
Carolina Administrative Code, Title 15A, subchapter 7J. 0409(g)(4)(D)(iii), the amount of the civil assessment
proposed against you will reflect the repetitiveness of your noncompliance with the Coastal Area Management
Act (CAMA) and the Coastal Resource Commission's rules.
Under the rules of the Coastal Resource Commission, a proposed civil penalty in the amount of
$10,000 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 $10,000 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:252-948-0478 1 Internet wwwuocoastalmanagementnell
XhCarolina
Wura!!il
An Equal Opportunity 1 Affirmative Action Employer— 50% Recycled 110% Post Consumer Paper
r
Coastal Contractors of OBX, LLC
c/o Mr. Eddie Hanusik, General Manager
17 March 2008
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 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 E. Moore
District Manager
Division of Coastal Management (DCM)
Enclosure
Cc: M. Ted Tyndall, Assistant Director, DCM
Roy Brownlow, Compliance Coordinator, DCM
Kimberly Hedrick, Compliance and Enforcement Representative, DCM
Steve Trowel[, Field Representative, DCM
ti
Coastal Contractors of OBX, LLC
C/o Mr. Eddie Hanusik, General Manager
17 March 2008
Page 3 of 3
CAMA VIOLATION #08.13•B
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 $10,000 against Coastal Contractors of OBX, LLC, for violation of
the Coastal Area Management Act, NCGS 113A-100 et seg, committed onsite of Mr. David Phares property at
Lots 6 and 7 Jackson Circle (SR 1371), in Jackson Dunes Subdivision, at the head of Southward Creek, a
tributary of the Pamlico Sound, on Ocracoke Island, Hyde County, North Carolina. In order to resolve this
matter with no further action or expense on the part of Coastal Contractors of OBX, LLC, we accept
responsibility for the violation as described in the Notice of Violation letter dated 14 February 2008, and agree
to pay the proposed civil assessment of $10,000.
DATE
SIGNATURE
ADDRESS
TELEPHONE NUMBER
` -7 v
ZB fkwr' sr�ro�,,,,
b(C� I 08-13-8
North Carolina Department of Environment and Natural Resources
Division of Coastal Management
Michael F. Easley, Govemor James H. Gregson, Director William G. Ross, Jr., Secretary
NOTICE OF VIOLATION
February 14, 2008
CERTIFIED MAIL 7007.0220-0003-1477-8644
RETURN RECEIPT REQUESTED
Coastal Contractors of OBX, LLC
C/o Mr. Eddie Hanusik, General Manager
P.O. Box 1119
Manteo, NC 27954
a�{
FEB 1 8 2Q�3
M®r�h�ad City ok;M
RE: NOTICE OF VIOLATION AND REQUEST TO CEASE UNAUTHORIZED DEVELOPMENT
CAMA VIOLATION #08-13-B
Dear Mr. Hanusik:
This letter is in reference to an onsite inspection of Mr. David Phar's property on 12 February 2008 by field
representative, Steve Trowel], and I, located at Lots 6 through 10 on Jackson Circle (SR 1371), in Jackson Dunes
Subdivision, at the head of Southward Creek, a tributary of the Pamlico River, on Ocracoke Island, Hyde County,
North Carolina. The purpose of our visit was to investigate reports of unauthorized filling of Coastal Wetlands
occurring on 9 February 2008 on Ocracoke Island. This letter confirms my 13 February 2008 telephone
conversations with you regarding the unauthorized development on Mr. Pharr's property.
Information gathered by me for the Division of Coastal Management indicates that your actions as
contractor for Mr. David Pharr are in violation of the Coastal Area Management Act (CAMA) and the State's Dredge
and Fill Law. No person may undertake major development in a designated Area of Environmental Concern (AEC)
without first obtaining a permit from the N.C. Department of Environment and Natural Resources. This requirement is
imposed by 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 unauthorized
placement of earthen fill material in Coastal Wetlands on Mr. Pharr's property, Lots 6 and 7, in the Jackson Dunes
Subdivision. The filled Coastal Wetlands include 7,907 square feet on Lot 6 and 5,488 square feet on Lot 7, for a total
of 13,395 square feet. Coastal Wetlands are designated Areas of Environmental Concern (AECs) and no permit was
issued to you or the property owner for development in these areas. Therefore, I conclude that you are in violation of
the Coastal Area Management Act.
I request that you immediately CEASE AND DESIST any further unauthorized activities within designated
Areas of Environmental Concern. A civil assessment of up to $10,000 may be assessed against any violator.
Investigative costs shall be in addition to any civil penalty assessed. Each day that the development described in this
notice is continued or repeated may constihrte a separate violation, which is subject to an additional assessment of
up to $10,000. An injunction or criminal penalty may also be sought to enforce any violation in accordance with
N.C.G.S.113A-126.
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 filling in any estuarine
943 Washington Square Mall, Washington, North Carolina 27889
Phone: 252-946-Wl 1 FAX: 252-948-0478 1 Internet vnwrmccoastalmanagemeMnett
t�o�` Carolina
An Equal Opportunity l Affirmative Action Employer— 50% Recycled ] 10% Post Consumer Paper °"'tula��r✓
Coastal Contractors of OBX, LLC
c/o Mr. Eddie Hanusik
February 14, 2008
Page 2 of 2
waters, tidelands, marshlands, or a state-owned lake. The earthen filling activities that you have undertaken in
Coastal Wetlands on Mr. Pharr's property 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 in accordance with N.C.G.S.113-229.
It is the policy of the Coastal Resources Commission to levy a minimum civil assessment of $500, plus
investigative costs, not to exceed $10,000 against all violations of this type. 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 7J.0409(g)(4)(E), the policy of the Coastal Resources Commission is to levy a civil assessment against
contractors in addition to that assessed against the landowner.
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) 948-3936. 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 properpennits.
Sincerely,
Kimberly Hedrick
Compliance and Enforcement Representative
Division of Coastal Management (DCM)
Cc: M. Ted Tyndall, Assistant Director, DCM
Roy Brownlow, Compliance Coordinator, DCM
Terry E. Moore, District Manager, DCM
Steve Trowell, Field Representative, DCM
David Lekson, U.S. Army Corps of Engineers, Washington Field Office
AI Hodge, Division of Water Quality (DWQ), Washington Regional Office
Mr. David Pharr, 533 West Ocean Acres Drive,101 Devil Hills, NC 27949
4
DCM ENFORCEMENT TRACKING REPORT
Issuer
Field Rep. �}Cv 4 �r cal} C l ❑ Violation Base No,
A B C D
LPO ❑
Violated Permit No.
101 - (rappllcabla)
Violation Description
Initial Discovery Date 2/ j OS Discovery Method
Violation Description
Respondent
Prior Violations in same
Respondent Name(s) tSstNt-GI % 0�Tr •sr Torte
Address P� �%( wc( city
Phone # c� 5zl yi" — `i%00 Fax #
Was activity permittable7 Yes I
No
State —tAL
Email
Violation Type: Project Type: Authorizations Required: Site Visits Respondent Site Visits Respondent
Present Present
�C] No Permit Prrvate/Comrnunity 0Ma}or CAMA IZ ❑ ❑
Permit Condition ❑ GovLIPubUc [] Minor UP ❑ U
❑ Expired Permit ❑ Commercial ❑ General -- n —
Inconsistent w/ Rules
Violation Location and Site Description Rover File F a Ila 1 a. R
Project Location: County l� �'Z / 11 Shoreline Length
Street Address! State Roadl Lot #(s) i—okS e _. — —. SAV: Not Sure Yes No
Sandbags: Nat Sure Yes
PNA: Yes a Adjacent
Subd)vision G� �%n /IDunes Su 6cC.� \ailo r� ORW Yes
� Adjacent
City Ocra coke Island ZIP Crit. Hab. Yes No
Phone # River Basin �Q/r — �Q irvL�S CCO Photos Q No
�+ n /� , ^• I _ Waiver Required Yes ©o
Adj. Wtr. Body `n A'hld1(1L�CK _`N Y�.a� Ham 'an ju.Ns il — In DWQ Butter Area a No
Closest Maj. Wtc Body --Ccvr - POLwi l C�
Restoration Extension Granted Yes No
NOV Date V l O Initial Req. Comp. Date _._
Restoration Letter
CNOV Date
Penalty Assessment
Sent to Respondent Date
Rcvd. by Dist. Mgr. Date
Assessment Extended Yes No
Date Comp. Observed
Acceptance Date
71.0409 Ref.
Recomm. Assess.
-
DCM Assess.
APPJPermit Fee I (y
( (� ^
$ 400
$-�
Penalty
(t{ (
$ rJ r o00
$
WillfuVlnterit.
(y c
$' q 00'•
?' -
Continuing
$ _
$
Is
Total
1000 CM
)
(vt. Cos+z : °I Fe)-2oos 1 Re
12 FtL 2e0$ N.SNYs
11 Go6 zoos 9 firs
Cal t o
LOT L
IA+I
Formal Assessments, Appeals and Reductions ,
Date Long Form Submitted
Date Formal CPA Submitted
Final Assessment
Attorney General's Office for Injunction or Formal Collection
Date sent to AG
Assessment Appealed Yes No
❑ Penalty modified
El Respondent not respomive to penalty/NOV ❑ Injunction to complete restoration.
Date Collection Let. Sent Date Demand Let. Sent__.__—..
Violation Activities and Impacts
AECs A Wetlands Impacted? es / No If yes, which types:
EW PTA ES PTS SA (& CJ- SY LS TY -
OEA HHF IH UBA NIA
PWS: FC; SS SC SP 404 Lo r �, a S
Other. n '
Restoration Required by the Respondent Yes/ No�f?S�OfA4Tlu/•i �eq\xi IX b� tYVlD0.f�1 �pnlrq�-Jt
Dimensions in excess
of permitt unauthorized activities
Dimensions to restore
Final dimensions
allowed
Actually, restored
... _...._.. ........... .._ ...._..o:..v.-:a,...._
.............u.........,.. ..-:ii-::
u.....:::v.....u:.:n.
...........:.. ve. ...:...r......,. 3,... ..;; :id'env
...J... i....:.:..,..7m: ..:3i 3A
.-.:::::::..:.v:::::-°i1Yr 13:i.::n::r ::_ e, :.:r"v::ii':v.
i
....., ..._
..a.... ). ...
i:::�:::.3• _
_
l
........... ......
z ...... __
........................_......:.....................................v
.. ...:v:.""v.:;;�.:: :::.:n.+u:a::: vnu
:v:.u::::.•::v:u.:::..:::vc::...,@:,?
_, a ., a
.......... ... .:
NOTES:
A e`vliltr vafJn -sle..k sF,-r-t- work nk /0-00— 10--30 Ptnn
Closing
Payment Received
Data Case Closed
Feb 12, 2008 8:45:02 AM
FUNCTION=> C-------DCM ENFORCEMENT PRIMARY VIOLATOR INFORMATION --------- RRD210
CASE: 060003B PERMIT #: CONSULTANT: MOYE
NAME: COASTAL CONTRACTORS OF OBX ADDR: POST OFFICE BOX 1119
CITY: MANTEO STATE: NC ZIP: 27954 PHONE: 252 473 4700
CNTY: BERTIE NEAREST WATER BODY: CHOWAN RIVER ST PLANE X:
LPO : LOCALITY: END OF SR 1502 AVOCA FARM RD ST PLANE Y:
VIO DESC: FILLED ±3000 OF WHICH ±600 FT2 WAS IN THE ES AND OF THE ±600 FT2 ±300
FT2 WAS SECTION 404 WETLANDS. CONTRACTOR FOR 06-02B. FIRST OFFENSE.
NOV SENT: 01 17 06 VIOLATION: MAJOR: Y MINOR: PERM COND: Y CAMA: Y D&F:
RESTORE Y REQUESTED: 01 07 06 COMPLETED:
ESTUARY: Y PUB TRST: SHORELINE: OCEAN HZ: OTHER: PRI NURS: ORW:
WETLANDS: Y SA: DS: CJ: SY: JR: LS: TY:
SS: SC: SP: IF: BF: WS: MF:
TYPE EXCAVATE FILLED RESTORE OTHER TYPE EXCAVATE FILLED RESTORE OTHER
0 0 0 0 0 0 0 0
0 0 0 0 0 0 0 0
0 0 0 0 0 0 0 0
------------------------ASSESSMENT AND DISPOSITION -----------------------------
REC ASSMT: 00000 REFERENCES: CRITERIA:
REPORT RCVD: ASSESSED: 0 TO OGC: TO VIOLATOR:
PAY REC: 0 ON: CASE CLOSED:
'# VIOLATORS: 1 TOTAL ASSESSMENT: 0 TOT RECEIVED: 0
MESSAGE: ENTER DATA YOU WISH TO CHANGE
PFI=HELP PF2=MAIN MENU PF3=ENFORCEMENT MENU PF4=PREV SCREEN PF5=VIOLATOR
10 -y 2aos col�,cpq-AD 4A-rkC� `f
/ 7 �
4' 511,75 r.�v CoS
oC o L- s
OgiO.2s
I=
ratil
- � 7s
iDCM ENFORCEMENT TRACKING REPORT
Issuer
Field Rep. S}wC (rc�t�Cl1 ❑
on ❑
Violation Description
Initial Discovery Date 2� q 019 Discovery
Violation Description
Respondent Name(s) t °HSt dl Lour rur s c� won I
Address Po P)OX i1�q
City
Phone # �2 521 till - n{100 Fax #
Violation Base No. 0 - 13
A kAC D
Violated Permit I
(rapplinbY)
Was activity permittabie7 Yes
Violation Type: Project Type: Authorizations Required:
Site Visits Respondent
Site Visits
Respondent
,r,ram�
No Permit PrivatelCommunity ,L'.� Major
CAMA
present
12 ❑
Present
❑
Permit Condition n�--1 Govt.lPublic Minor
' D&F
Expired Permit Commercial General
❑
Inconsistent wl Rules
Violation Location and Site Description
Rover File
Project Location: County
Shoreline Shoreline Length
Street Address/ State Road/ Lot #(s) La•F�
-
SAV: Not Sure
Yes
�'_.-�� .._—.__�
Sandbags: Not Sure
Yes
n S
U S l9 r�
PNA:
ve o
AdjacentSubdivision.
-tcGif...s0-r�•--'m',I.JU
ORW:
YQ N
AdJacant
City OC K-A c Dice TS (Et n ZIP
Crlt. Had.
Yes No
Phone # (=)- River Basin Q'r - YGL ✓vlv� 1 C•A Photos ® No
/s (l__ ',._I•_, Waiver Required Yes
Adj, Wir. Body A' 1A1(i1JC p-•1.a �t-{4 +�- In OWQ Buffer Area 69)
Q No
Closest Maj. Wtr. Body Pan" S 0,6 SNJ --Vox - Pa 04 U CJ
Restoration Extension Granted Yes No
NOV Date a O�
CNOV Date
Penalty Assessment
Sent to Respondent Date _
Rcvd. by Dist. Mgr. Date
Assessment Fxtended Yes
No
Initial Req. Comp. Date �����
Restoration Letter /
Date Comp. Observed __. Acceptance Date
71.0409 Ref.
AppJPermit Fee 1 (E
Recomm. Assess.
s 4o0
DCM Assess.
$
Penalty y
s r7,000
$ q1q,
%
WillfullinYent. y
s `j q00 •
S/S
..SU
Continuing
$
s
Pti inv yi .
$
Total
10 000
O o00
lrwtS'halkT lVt Ca S�3: �01o200Q 1-4r5
i3 Fes 'og ZS 1 y
J 12 FtL 7oo2 (1964rs 010 k4 'ck .50 k' le,
13 ro6 zaos 11 RfJ
4 rr 5 -04 2 1,115
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 responsim to penalty/NOV ❑ Injunction to complete restoration.
Date Collection Let. Sent Date Demand Let. Sent��
Violation Activities and Impacts
AECs Amsted: Wetlands Impacted? es / No If yes, which types:
C EW PTA ES PTS SA (ZD CJ„ SY l5 TY
OEA HHF IH UBA N/A SS SC 404
PWS: FC: ' �i Co r
Other: '
Restoration Required by the Respondent Yes / No Reslex 7INN 'Re \xi -cce 6�n D"YlD?�d«/ CO^7
Dimensions in excess - Final dimensions
_ ___ _ __ __ __ __ Dimensions to restore _ Actually, restored
NOTES:
P e`�4ita wfk,.tsa ..,V v.roil- ak /n-Oct— AM
t�� JcrjAlto 1 krass P %1^,-." / .%, a<o.-cQ 1Q'C4S AM
Closing
Payment Received $ Date __ Date Case Closed
r