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Home My WebLink About05-01A ClarkNCDENR North Carolina Department of Environment and Natural Resources Division of Coastal Management Michael F. Easley, Governor Charles S. Jones, Director William G. Ross Jr., Secretary March 21, 2005 Ms. Alma Clark 157 Etheridge Road Manteo, NC 27954 QC/C RE: Payment of Proposed Penalty for Violations of the Coastal Area Management Act, Dare County CAMA Violation #05-01A Dear Ms. Clark: This letter will acknowledge receipt of your Check #1074 in the amount of $200, and dated 03/18/05. Once the amount of the check is credited to the Department of Environment and Natural Resources' account, this matter will be fully and completely closed. . If you have any further questions concerning this matter, please contact me at my Elizabeth City office at 252-264-3901. Sincerely, Ted Sampso District Manager TS/yc cc: Ted Tyndall, Assistant Director, DCM Roy Brownlow, Compliance Coordinator, DCM Kimberly Hedrick, Field Representative, DCM 1367 U.S. 17 South, Elizabeth City, North Carolina 27909 Phone: 252-264-3901\FAX: 252-264-37231Internet: www,nccoastalmanagement.net An Equal Opportunity 1 Affirmative Action Employer— 30% Recycled by Fiber Weight r Alma Clark 3/8/2005 Page 3 of 3 MAR 2 f 20'05 CAMA VIOLATION #05.01-A AGREEMENT TO PAY PROPOSED CIVIL ASSESSMENT I understand that the staff of the Department of Environment and Natural Resources will propose the assessment of a civil penalty in the amount of $200 against me for violation of the Coastal Area Management Act, NCGS 113A-100 et seq, committed on my property at 193 Bayview Drive in Dare County, North Carolina. In order to resolve this matter with no further action or expense on my part, I accept responsibility for the violation as described in the Notice of Violation letter dated February 1, 2005, and agree to pay the proposed civil assessment of $200. DATE SIGNATURE ADDRESS Mct-),? 4-e�73' ,�&-A )1-7 E -:2 30, U TELEPHONE NUMBER DCM ENFORCEMENT TRACKING REPORT Issuer 5 _ p' Field Rep. PO t] ? nn't � J. Violation Base No, B C D L❑ Violated Permit No. Lpl (if applicable) Violation Description Was activity permYesittable? I No Discover Method pYJ'rtCrtaltrct° OVAU Initial Discovery Date I ZD D�a Discovery Method Description r I in same AEC: Yes rNo) uase,rvumoel Respondent Name(s) I I v °" ` `` City _ A n-t- o State Zip SL�--- �4-7qs cf Address_ #,3 Fax# �D S�1 i13 510(0 Phone Email Violation Type: Project Type: Authorizations Required: Site Visits Respondent Site Visits ' Respondent PPresent IX No Permit y Private/Community ❑ Major [ CAMA ' Z6 ❑ ❑ ❑ Permit Condition ❑ GovtdPublic ❑ Minor ❑ D&F ❑ ❑ ❑ Expired Permit U Commercial General ❑ — Inconsistent wl Rules Violation Location and Site Description Raver File 13 02-03 l4A County -Dpore- Shoreline Length 10 Project Location: Road/ Lot #(s)��I` J Vi eVJ �r , SAV: Not Sure Yes Street Address/ State Sandbags: Not Sure Yes 0 y T "— S\V Yn�,n% — Subdivision._ _ PNA: Yes N Yes Io ORW: tL�l Adjacent Adjacent City_. [ ^ ZIP_._7 7 Crit, Hall Yes S 1 - 3`9 River Basin __ # (�_� �_ Photos Yes No Phone Adj, W[r. Body S�ti � � `^} Waiver Required Yes No In DWQ Buffer Area Yes (2) Closest Maj. Wtr. Body f= / ^ 1t Specify DWQ Buffer if applicable: ---- Restoration Extension Granted Yes No % 1 p 5_ Initial Re Comp.Date A NOV Date � q' L / Restoration Letter A /°,l/S CNOV Date ___ Date Comp. Observed "�_�/S Acceptance Date Penalty Assessment 71.0409 Ref. j Recomm. Assess. ! DCM Assess. APP•IPermit Fee $ — Sent to Respondent Date- 3! Penalty- Rcvd 6y DCM Date Willful/Intent. Assessment Extended Yes No --- ! $ $ Continuing _ — Ii5 —S Other - ---- — — —' tom - Total iin _ Formal Assessments, Appeals and Reductions Date Long Form Submitted Assessment Appealed Yes No Date Formal CPA Submitted Penalty modified Final Assessment $ Date_ Attorney General's Office for Injunction or Formal Collection Date sent to AG_ ❑ Respondant not responsive to penalty/NOV ❑ Injunction to complete restoration Date Collection Let. Sent Date Demand Let. Sent Violation Activities and Impacts AECs Affected: \\ Wetlands Impacted? Yes / No If yes, which types: CW EW PTA ES PTS OEA HHF SA DS Cl SY A LS TY PWS: FC: SS SC SP IF BF 404 Other: Restoration Required by the Respondent Ye / No Dimensions in excess Dimensions to restore Final dimensions allowed of permit/ unauthorized activities Actually restored Development Activities Habitat Description I Closing / Payment Received $_� S � _____—__Date._ �i �� /6 S Date Case Closed 3/a ��oS ti NCDENR North Carolina Department of Environment and Natural Resources Division of Coastal Management Michael F. Easley, Governor Charles S. Jones, Director William G. RK16r. Secvtary March 8, 2005 CERTIFIED MAIL RETURN RECEIPT REQUESTED Alma Clark 157 Ethridge Rd. Manteo, NC 27954 RE: CAMA VIOLATION #05-01-A Dear Ms. Clark: This letter is in reference to the Notice of Violation dated February 1, 2005 that Kimberly Hedrick, representative for the Division of Coastal Management, issued to you for unauthorized development of a pier at 193 Bayview Drive, Dare County. The violation involved Estuarine Waters, Public Trust Area, which are Areas of Environmental Concern designated by the Coastal Resources Commission. Based upon the site visit conducted on March 7, 2005 by Kimberly Hedrick, the restoration requested is complete to the satisfaction of the Division of Coastal Management. The Coastal Area Management Act provides that a civil assessment of up to $2,500 may be assessed for any violation. It is the policy of the Coastal Resources Commission to assess a civil penalty for all violations in order to recover some of the costs of investigating violations and/or to compensate the public for any damage to its natural resources. Under the rules of the Coastal Resource Commission, a proposed civil penalty in the amount of $200 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 $200 made payable to the North Carolina Department of Environment and Natural Resources (NCDENR); and, (3) return the signed agreement and payment to this office in the enclosed, self-addressed envelope within ten (10) days of your receipt of this letter. Upon deposit of your check in the Department's account, you will receive a Notice of Compliance officially closing this enforcement action. 1367 U.S. 17 South, Elizabeth City, North Carolina 27909 Phone: 252-264-3901 1 FAX: 252-264.37231 Internet: www.ncooestalmanagement.net An Equal Opportunity 1 Affirmative Action Employer— 30% Recycled by Fiber Weight Alma Clark 3/8/2005 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) 264-3901, Sincerely, IT15ed Sampson, District Manager Division of Coastal Management Enclosures cc:Ted Tyndall, Assistant Director, DCM Roy Brownlow, Compliance Coordinator, DCM Kimberly Hedrick, Coastal Management Representative, DCM Alma Clark 3/8/2005 Page 3 of 3 CAMA VIOLATION #05.01 •A AGREEMENT TO PAY PROPOSED CIVIL ASSESSMENT I understand that the staff of the Department of Environment and Natural Resources will propose the assessment of a civil penalty in the amount of $200 against me for violation of the Coastal Area Management Act, NCGS 113A-100 et sse, committed on my property at 193 Bayview Drive in Dare County, North Carolina. In order to resolve this matter with no further action or expense on my part, I accept responsibility for the violation as described in the Notice of Violation letter dated February 1, 2005, and agree to pay the proposed civil assessment of $200. DATE SIGNATURE ADDRESS TELEPHONE NUMBER DCM ENFORCEMENT TRACKING REPORT Issuer 5 _ 0' ��- Fie!d Rep. i Na tom, t �UrJ. � Violation Base No. B C D LPO C Violated Permit No. LP1 (if applicable) Violation Description Was activity permit able?( Yes I No Initial Discovery Date 1 ILUIC)ca DiscoveryMethod OVvnCr aikJ vc Violation Description e I in same AEC: Yes Respondent Name(s) rgepw n City _ RntQ O State Zip Address— �-a 5)1 91 Phone #�� 511 �i 13 S I (A Fax # _ Email Violation Type: Project Type: Authorizations Required: Site Visits Respondent Site Visits Respondent �y Present Present No Permit l a Private/Community ❑ Major CAMA 1 Z� ❑ ❑ ❑ Permit Condition ❑ Govt./Public ❑ Minor ❑ D&F ❑ ❑ ❑ Expired Permit ❑ commercial General ❑ ❑ Inconsistent wl Rules Violation Location and Sit QSita Description Rover File p2-01-3 L� Project Location: County �Ye- Shoreline Length ) 00 O Not Sure Yes N Street Address/ State Road/ Lot #(s)—j 1� J Sandbags: Not Sure Yes o ---- PNA: Yes N Adjacent Subdivision, SttA vh °' ^ ORW: Yes Adjacent City— �� ^ ^t ZIP_�7 7 9 — Crit. Hab. Yes Y 13KRiver Basin fl56i iA O i�1n1 Photos Yes No Phone # (PS Bi J �1 We Required Yes No Adj. Wtr. Body ti✓n 7 �k _�a lman_Luako)— (9 In DWQ Buffer Area Yes Closest Maj. Wtr. Body 'r' "^ `t w 1)LD`IA 9 Specify DWQ Buffer if applicable: --- Restoration /� �/p Extension Granted Yes No NOV Date ��1 Initial Req. Comp. Date Restoration Letter './z /S CNOV Date Date Comp. Observed _31 _?�= Acceptance Date 71.0409 Ref, Recomm. Assess. 1 DCM Assess. Penalty Assessment / / /5" ! App.IPermit Fee ? Q �T, DYOcj f I _ Sent to Respondent Date 111 —_-- - y� dd Penalty 'l Rcvd by DCM Date ----- Willful/Intent. i $ i _ �— Assessment Extended Yes No Continuing �g $ Continuing Other —_----- Total a oo. ---- Formal Assessments, Appeals and Reductions Date Long Form Submitted Assessment Appealed Yes No Date Formal CPA Submitted ❑ Penalty modified Final Assessment $ Date Attorney General's Office for Injunction or Formal Collection Date sent to AG. ❑ Respondant not responsive to penalty/NOV ❑ Injunction to complete restoration Date Collection Let. Sent Date Demand Let. Sent Violation Activities and Impacts AECs Affected: Wetlands Impacted? Yes I N If yes, which types: CW CW, PTA) ES PTS OEA HHF SDS Cl 1R TY SSS IF 4 SC SP IF BF 04 PWS: FC: Other: Restoration Required by the Respondent CYe / No Dimensions in excess Dimensions to restore Final dimensions of permit/ unauthorizedactivides allowed Actually restored Development Activities i T Habitat Description IEEE Closing Payment Received S___..____—___—_--_Date_—__-- Date Case Closed North Carolina Michael F. Easley, Governor Alma Clark 157 Ethridge Rd. Manteo, NC 27954 A& NCDENR Department of Environment and Natural Division of Coastal Management Charles S. Jones, Director March 7, 2005 Resources William G. Ros's Jr., Secrete RE:RESTORATION ACCEPTANCE — CAMA VIOLATION #05.01-A Dear Alma Clark: This letter is in reference to the Notice of Violation # 05-01-A sent to you dated February 1, 2005 for the unauthorized development of a pier within the Estuarine Waters, Public Trust Area of Environmental Concern (AEC) in Stumpy Point Bay. The violation took place on your property located at 193 Bayview Drive off of U.S. 264 in the community of Stumpy Point in Dare County, North Carolina. This unauthorized activity constituted development and you were requested to complete the construction of a 6 ft, wide by 55 ft. long pier, In accordance with the North Carolina Administrative Code, Title 15A, Subchapter 7J.0410, any violation involving development which is inconsistent with guidelines for development with Areas of Environmental Concern (AEC) must be corrected by restoring the project site to pre -development conditions to recover lost resources or to prevent further resource damage. I conducted a site visit at the aforementioned property on March 7, 2005 to inspect the restoration of the unauthorized activity addressed in the Notice of Violation #05-01-A. Based on this inspection, it has been determined that the restoration appears to have been accomplished to the satisfaction of this Division. Upon my submission of an enforcement report, you will be notified as to the amount of the civil penalty for undertaking this unauthorized activity within an Area of Environmental concern. Thank you for your attention and cooperation in this matter, If you have any questions pertaining to this matter, please feel free to call me at (252)264-3901. Sincerel Kimberly edrick Coastal Management Representative Cc:Ted Tyndall, Assistant Director, DCM Ted Sampson, District Manager, Elizabeth City DCM Roy Brownlow, Compliance Coordinator, DCM 1367 U.S.17 South, Elizabeth City, North Carolina 27909 Phone: 252.264-39011 FAX: 252-264.37231 Internet: www.nccoastalmanagement.net An Equal Opportunity 1 Affirmative Action Employer— 30% Recycled by Fiber Weight RESTORATION PLAN For Alma Clark Property CASE NUMBER: 05-01-A FEB ' 2005 COASTAL ""ANAPFMeNT EIiZP,siTM CITY Property located at 193 Bayview Drive, Stumpy Point, Dare County First, notify riparian owners of your proposed development, which consists of completing construction of a pier. Include dimensions of pier and setback length from riparian property lines. Second, mail signed riparian notifications or green returned receipt cards to our office at: NCDENR, Division of Coastal Management, c/o Kimberly Hamilton, 1367 US 17 South, Elizabeth City, NC 27909. Upon receipt of your riparian sign -offs, I will authorize you via phone to commence construction of your pier. Third, continue with construction according to 7H.1200 rule attached. The below sketch, not drawn to scale, will depict your authorized pier construction, Aw6vruS55'Pccr w'A4 NWL CIAIrk Prorr+Y I, Alma Clark, agree to complete construction of my pier according to this restoration plan. I agree to complete this restoration to the satisfaction of the Division of Coastal Management (DCM) by May 1, 2005, or provide an explanation for non-compliance and a reasonable request for time extension. When corrective actions are complete, I will notify the DCM so the work can be inspected. SIGNATURE: V`x� DATE: 'Q ) ) tt ) 0 It is the policy of the Coastal Resources Commission to levy a minimum civil assessment $100 and higher against all violations of this type depending upon the damage to the resources. If restoration is not undertaken or satisfactorily completed, a substantially higher civil assessment will be levied and an injunction sought to require restoration. Gf AI 11-M�11-es NG DIVISION CE COAS'rAl,- IJlANAGEMEN r ENFORCEMENT HIECC. M) CK 0,A AL IVA I L CASE IS CLOSED f . AFFII'IAI -)N SEC1OR MAILING ADDRESS CITY STATE 157 ETHRIDGE RD MANTEO NC PROPERTY ADDRESS COMMUNITY 193 BAYVIEW DR STUMPY POINT LIP CODE PHONE NUMBER PT-- (252) 473-5106 WATERBODY NEAREST ROAD STUMPY POINT BAY BAYVIEW DR DISTRICT OFFICE COUNTY DCM REPRESENTATIVE LPO CONTACT ECDO DARE HAMILTON F VIOLATION TYPE (MAJOR CAMA AEC TYPE EW, PTA NATURE OF VIOLATION _ nauthorized major development by replacing (exceeding 50% of repairs to existing structure) an existing pier wltnln e EW and PTA AECs. RESTORATION STATUS - m.___. J r i RESTORATION NOT REQUIRED - CONTRACTOR RESTORATION NOT REQUIRED - PERMITTABLE DEVELOPMENT (.. ] RESTORATION NOT REQUIRED - FURTHER IMPACTS ❑'RESTORATION PENDING HCJ I UNA I IU1NhMUUC0 I UM I C UU1V1rLc I ivi�vr��c 5/1/2005 3/7/2005 - RESTORATION EXTENDED RESTORE DATE I DEADLINE EXTENDED L REFERRED TO AG'S OFFICE -COLLECTION I; I REFERRED TO AG'S OFFICE • INJUNCTION ASSESSMENT DATE PENALTY AMOUNT COLLECTION DATE AMOUNT COLLECTED �- PENALTY STATUS --- """- ` 3/8/2005 � C PENALTY ISSUED 1 . I PENALTY NOT I L WILLFUL INTENTIONAL PENALTY (MIN. OR DOUBLED) L-i CNOV ISSUED � ❑'. I L CONRACTOR'S FIRST OFFENSE 11 I I SETTLED, AGREED UPON, OR STIPULATED PENALTY F-1 PENALTY APPEALED UNCOLLECTIBLE PENALTY „.. . m......__.. ,,..__.....,._ .....,.,. ] FORMAL CPA ISSUED Violations Involving Adversely Impacted Resources AMOUNT OF ADVERSELY DISTURBED AREA (SO. FT.)��. AMOUNT OF RESTORED AREA (SQ. FT) NOTES Restoration Involves notification of adjacent property owners. Structure is consistent with rules. to " NCDENR North Carolina Department of Environment and Natural Resources Division of Coastal Management Michael F. Easley, Governor Charles S. Jones, Director William G. Ross Jr., Secretary NOTICE OF VIOLATION 21112005 p,r)f CERTIFIED MAIL G f RETURN RECEIPT REQUESTED Alma Clark FLt3 0 9 ZOO 157 Ethridge Rd. Manteo, NC 27954 Mtare'head CRY UCM RE. NOTICE OF VIOLATION AND REQUEST TO CEASE UNAUTHORIZED DEVELOPMENT CAMA VIOLATION #05-01-A Dear Ms. Alma Clark: This letter confirms that on January 28, 2005, Kimberly Hamilton, Division of Coastal Management Field Representative, was onsite at your property located at 193 Bayview Drive adjacent to Stumpy Point Bay located in Stumpy Point, off Bayview Drive, Dare County, North Carolina. The purpose of the visit was to investigate unauthorized development of a pier within Stumpy Point Bay informed via phone conversation with you on January 27, 2005, Information gathered by me for the Division of Coastal Management indicates that you have undertaken major development in violation of the Coastal Area Management Act (CAMA), No person may undertake Major Development in a designated Area of Environmental Concern (AEC) without first obtaining a permit from the North Carolina Department of Environment and Natural Resources. This requirement is imposed by North Carolina General Statute (N.C.G.S.)113A-118. I have information that indicates you have undertaken or are legally responsible for partial replacement of a pier costing over 50% the physical value of your pier at the time of damage (15A NCAC 07J.0210) on the aforementioned property. This activity took place in estuarine waters, public trust area that is contiguous with the Stumpy Point Bay. Estuarine waters, public trust areas are designated as Areas of Environmental Concern (AEC). No CAMA permit was issued to you for work in this area. Based on these findings, I am initiating an enforcement action by issuing this Notice of Violation for violation of the Coastal Area Management. I request that you immediately CEASE AND DESIST any further unauthorized activities within designated Areas of Environmental Concern. A civil assessment of up to $2,500 may be assessed against any violator. Each day that the development described in this notice is continued or repeated may constitute a separate violation that is subject to an additional assessment of up to $2,500. An injunction or criminal penalty may also be sought to enforce any violation (N.C.G.S. 113A-126). e�� NCDENR North Carolina Department of Environment and Natural Resources Division of Coastal Management Michael F. Easley, Governor Charles S. Jones, Director William G. Ross Jr., Secretary It is the policy of the Coastal Resources Commission to levy a minimum civil assessment of $100 not to exceed $2,500 against all violations. This is done to recoup some of the costs of investigating violations and/or to compensate the public for any damage to its natural resources. Whether a higher amount will be assessed depends on several factors, including the nature and area of the resources that were affected and the extent of the damage to them. Based upon the North Carolina Administrative Code, Title 15A, Subchapter 07H. State Guidelines for Areas of Environmental Concern, the activity you have undertaken, construction of a pier without a general permit in the estuarine waters, public trust AEC(s), is not consistent with Section 0,1200, which authorizes construction of a pier in estuarine and public trust waters. Therefore, I am requesting that you refer to the enclosed Restoration Agreement for instructions on how to continue your pier construction to completion in accordance with 07H.1200, If you intend to cooperate with my request, please sign one of the attached Restoration Agreements and return it to me in the enclosed, self-addressed envelope within ten (10) days of receipt of this letter. Failure to comply with this request or respond back to this office prior to the requested deadline with an acceptable schedule for compliance will be interpreted as a refusal to cooperate and will result in a Notice of Continuing Violation, as well as a court injunction being sought ordering compliance. The relevant statutes and regulations are available from this office, and I am willing to assist you in complying with the requirements of these laws. Thank you for your time and cooperation in resolving this important matter. If you have any questions about this or related matters, please call me at (252)264-3901. Upon completion of the restoration as requested in the Restoration Plan Agreement to the satisfaction of the Division of Coastal Management, you will be notified as to the amount of the civil assessment for undertaking development without first obtaining the proper permit(s) and/or development that is inconsistent with Coastal Resources Commission rules. Sincerely, }� Kimberly Hamilton,, Coastal Management Representative Cc: Ted Tyndall, Assistant Director, DCM Ted Sampson, District Manager, DCM Rpy Brownlow, Compliance Coordinator, DCM ENCLOSURE RESTORATION PLAN For Alma Clark Property CASE NUMBER: 05-01-A Property located at 193 Bayview Drive, Stumpy Point, Dare County First, notify riparian owners of your proposed development, which consists of completing construction of a pier. Include dimensions of pier and setback length from riparian property lines. Second, mail signed riparian notifications or green returned receipt cards to our office at: NCDENR, Division of Coastal Management, c/o Kimberly Hamilton, 1367 US 17 South, Elizabeth City, NC 27909. Upon receipt of your riparian sign -offs, I will authorize you via phone to commence construction of your pier. Third, continue with construction according to 7H.1200 rule attached. The below sketch, not drawn to scale, will depict your authorized pier construction. Pa;,.F �E� A, bu,, uX 55�0dr s � F-- py �a I IAA ea4 NWT CIAVk V'O rty I, Alma Clark, agree to complete construction of my pier according to this restoration plan. I agree to complete this restoration to the satisfaction of the Division of Coastal Management (DCM) by May 1, 2005, or provide an explanation for non-compliance and a reasonable request for time extension. When corrective actions are complete, I will notify the DCM so the work can be inspected. SIGNATURE: DATE: It is the policy of the Coastal Resources Commission to levy a minimum civil assessment $100 and higher against all violations of this type depending upon the damage to the resources. If restoration is not undertaken or satisfactorily completed, a substantially higher civil assessment will be levied and an injunction sought to require restoration. DCM ENFORCEMENT TRACKING REPORT Issuer 5 — 01 Field "1CV Rep. J LI . L�J- Violation Base No. g C D LPO Violated Permit No. LPl (if applicable) Violation Description Was activity permiNo ttable? Yes I 2lo DS Discover Method pYwricrtatiecY vifi'" Initial Discovery Date 1 Y Violation Description Respondent Name(s) Address I Prior Violations in same AEC: Yes ORO Case.Number .r City ±" R O State tj(— Zip g795 y-13-9SI O(_a _ Fax# (� sal `-1'13 - 510(0 Phone # — Email Violation Type: Project Type: Authorizations Required: Site Visits Respondent Site Visits Respondent Present Present 1 No Permit Y Private/Community ❑ Major �j CAMA ' ZB U rJ ❑ ❑ ❑ Permit Condition ❑ Govt,IPublic ❑ Minor ❑ D&F ❑ ❑ ❑ Expired Permit ❑ Commercial General ❑ED f Inconsistent wl Rules Violation Location and Site Description Rover File Q OZO3 t4(� Project Location: County DP<Ved- Shoreline Length )C m J No Street Address/ State Road/ Lot #(s) I SAV: Not Sure Yes 1 e,V � � Sandbags: Not Sure Yes -- ---- PNA: Yes N Adjacent StN Vh°, �, _ Yes (�o Adjacent _—_ ORW: Subdivision.1101 City_ r^"-�. ZIP_._a.-3-123 ---- Crit. Hab. Yes '3Z �C� UtOTI� Yes No Phone # (�aJ �1 River Basin _—_— Photos Yes +N ^��— Waiver Required Adj. Wtr, Body In DWQ Buffer Area Yes � Closest Maj. W[,. Body Specify DWQ Buffer if applicable: —_ — Restoration Extension Granted Yes No NOV Date a�l CNOV Date -- Penalty Assessment Sent to Respondent Date Rcvd by DCM Date -- Assessment Extended Yes No Initial Req. Comp. Date 1 Date Comp. Observed _----- 71.0409 Ref. App./Permit Fee I Q 771, OUT Penalty Willful/Intent. Continuing Other Total Restoration Letter Acceptance Date k��yRecomm. Assess cal o . 00 g Id $—(�� - S --- S - -- $ _ n r\n 09- DCM Assess. 5 Formal Assessments, Appeals and Reductions Date Long Form Submitted Assessment Appealed Yes No Date Formal CPA Submitted ❑ Penalty modified Final Assessment $ Attorney General's Office for Injunction or Formal Collection Date sent to AG, ❑ Respondant not responsive to penaltylNOV ❑ Injunction to complete restoration Date Collection Let. Sent Date Demand Let. Sent Violation Activities and Impacts AECs Affected: Wetlands Impacted? Yes I No CW EW PTA ES PTS OEA HHF SA DS CI SY - IR PWS: FC: SS SC SP IF BF Other: Restoration Required by the Respondent Ye I No Dimensions In excess Dimensions to restore Flnal dimensions of permltl unauthorized activities allowed If yes, which types: LS TY 404 Actually restored Development Activities Habitat Description NOTES: vYfYtiO` tan Err, An Sian-Uit �r�v�S P •n S%_C�nskrvtc,'on O�F his/.oiPx — ----- -- Closing Payment Received & —__Date__. -- Date Case Closed 07-Mar-05 NC DIVISION OF COASTAL MANAGEMENT ENFORCEMENT RECORD CASE STATUS —"---"-- I ' CASE NUMBER. LAST NAME FIRST NAME BUSINESS NAME: I C CASE IS OPEN 05-01A CLARK _ F, CASE IS CLOSED AFFLILIATION SECTOR NOV DATE CLOSURE DATE \ _ Previous Violations 1n Same AEC PROPERTY ONNE� PRIlATE for Similar ACt141t1eS 777 MAILING ADDRESS CITY STATE ZIP CODE PHONE NUMBER 157 ETHRIDGE RD MANTEO NC 27594 (252) 473-5106 - PROPERTY ADDRESS : -COMMUNITY WATERBODY NEAREST ROAD 193 BAYVI EW DR STUMPY POINT STUMPY POINT BAY BAYVIEW DR DISTRICT_ OFFICE COUNTY DCM REPRESENTATIVE LPO CONTACT CDO DARE HAMILTON�- VIOLATION TYPE MA JOR CAMA AEC TYPE. F PTA NATURE OF VIOLATION - Unautl orized major development by replacing (exceeding 50% of repairs to existing structure) an existing pier within the EVV and PTA AECs. r RESTORATION STATUS - -'----' ' ` "--` -'- '-" -' ' RESTORATION REQUEST DATE. COMPLETION DATE RESTORA ION NOT REQUIRED - CONTRACTOR --1 RESTORATION EXTENDED RESTORE DATE ! L RESTORAT ON NOT REQUIRED - PERMITTABLE DEVELOPMENT I iJ DEADLINE - (( RESTORATION NOT REQUIRED -FURTHER IMPACTS E EXTENDED [,. RESTORATIOP PENDING I ❑ REFERRED TO AG'S OFFICE - COLLECTION i , , _._..�._, ._.. .. ..., _..._. ,_....._.. ,_ ..... _...__. ........ ...:.i U REFERRED TO AG'S OFFICE - INJUNCTION - ASSESSMENT DATE PENALTY AMOUNT COLLECTION DATE .AMOUNT COLLECTED (--PENALTY STATUS r, PENALTY ISSUED 1 " PENALTY NOT ISSU -D Li WILLFUL INTENTIONAL PENALTY (MIN. OR DOUBLED) ❑ CNOV ISSUED I� SETTLED, AGREED UPON, OR STIPULATED PENALTY i ] CONRACTOR'S FIRS-, OFFENSE E _'. PENALTY APPEALED UNCOLLECTIBLE PENALTY _:I FORMAL CPA ISSUED Violations Involving• Adversely Impacted Resources AMOUNT OF ADVERSELY DISI JRBED AREA (SQ. FT.) AMOUNT OF RESTORED AREA SO, FT) � NOTES Restoration involves notification of adjacent property owners. Structure is consistent with rules. 24-Mar-05 NC DIVISION OF COASTAL MANAGEMENT ENFORCEMENT RECORD CASE NUMBER LAST NAME > ®lFIRST NAME BUSINESS NAME: __. _.... ' OS-01A CLARK ALMA 0-CASE IS CLOSED l NOV DATE CLOSURE AFFLILIATION SECTOR DATE Previous Violations in Same AEC PROPERTY OWNE PRIVATE ❑ for Similar Activities 2It/2005 yjk,Yl' MAILING ADDRESS CITY STATE ZIP CODE PHONE NUMBER 157 ETHRIDGE RD MANTEO NC 27594- (252) 473-5106 PROPERTY ADDRESS COMMUNITY WATERBODY NEAREST ROAD 193 SAYVIEW DR STUMPY POINT STUMPY POINT BAY BAYVIEW DR DISTRICT_ OFFICE COUNTY DCM REPRESENTATIVE LPO CONTACT ECDO DARE _ ,HAMILTON �— VIOLATION TYPE MAJOR CAMA AEC TYPE EW, PTA NATURE OF VIOLATION Unauthorized major dev the EW and PTA AECs. (exceeding 50% of repairs to an existing pier within RESTORATION STATUS-------------------'-- RESTORATION REQUEST DATE COMPLETION DATE ❑ 5/1/2005 - 3/7/2005 - RESTORATION NOT REQUIRED CONTRACTOR RESTORATION EXTENDED RESTORE DATE ❑ RESTORATION NOT REQUIRED - PERMITTABLE DEVELOPMENT ❑ DEADLINE EXTENDED j ❑ RESTORATION NOT REQUIRED - FURTHER IMPACTS ❑ RESTORATION PENDING ❑ REFERRED TO AG'S OFFICE - COLLECTION i. -._ _._..___ __„�-_._..a.__..—_.__.— ❑ REFERRED TO AG'S OFFICE - INJUNCTION ASSESSMENT DATE PENALTY AMOUNT COLLECTION DATE AMOUNT COLLECTED PENALTY STATUS 3/8/2005 $200 3/21/2005 $200 PENALTY ISSUED j j PENALTY NOT ISSUED ❑ WILLFUL INTENTIONAL PENALTY (MIN. OR DOUBLED) j_ CNOV ISSUED ❑ CONRACTOR'S FIRST OFFENSE i ❑SETTLED, AGREED UPON, OR STIPULATED PENALTY ❑ PENALTY APPEALED L� UNCOLLECTIBLE PENALTY ❑FORMAL CPA ISSUED Violations Involving Adversely Impacted Resources AMOUNT OF ADVERSELY DISTURBED AREA (SO. FT.) F_ - AMOUNT OF RESTORED AREA (SO. FT) F NOTES Restoration involves notification of adjacent property owners. Structure is consistent with rules