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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 Search By Corporate Name Search For New Corporation Search By Registered Agent Important Notice Corporations FAQ Homeowners' Association FAQ Tobacco Manufacturers Dissolution Reports Non -Profit Reports Verity Certification Online Annual Reports LINKS S LEGISLATION KBBE B213 Annual Reports SOSID Number Correction 2001 Bill Summaries 1999 Senate Bills Annual Reports 1997 Corporations 1997 Register for E-Procurement Dept. of Revenue ONLINE ORDERS Start An Order New Payment Procedures CONTACT US Corporations Division TOOLS Secretary of State Home Secretary of State Site Map Printable Page Date: 6/20/2008 Click here to: View Document Filings I Sign Up for E-Notifications I Im Print apre-populated Annual Report Form I Annual Report Count I File an Annual Report I 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