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HomeMy WebLinkAbout06-04B Smith06-04B 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 3 May 2006 Mr. Cecil Smith�� 5010 Carmel Club Drive Charlotte, NC 28226 JUL 1 3 2009 RE: Payment of Proposed Penalty for Violations of the Coastal Management AQead Qty D(;M Committed in Beaufort County CAMA Violation No. 06-04B Dear Mr. Smith: This letter will acknowledge receipt of Check No. 2938 in the amount of $450, and dated 28 April 2006. 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 Steve Trowell, (252)-948-3854, at the Washington Regional office. Sincerely, Terry E. Moore District Manager Division of Coastal Management Washington Regional Office c: Ted Tyndall — Assistant Director, DCM Roy Brownlow — Compliance & Enforcement Coordinator Steve Trowell - Coastal Management Representative, WaRO, DCM NOM Caro' a ,Naturally 943 Washington Square Mall, Washington, North Carolina 27889 Phone: 252-946.6481 1 FAX: 252-948-0478 1 Internet .nocoastslmaneaement.netl DCM ENFORCEMENT TRACK!NG REPORT Field Rep. SiC4.? % Ct.11 Issuer Vio!ztbn Base No. LZ ' C4 IJ LPO A UY C D Violated Permit No. LPJ tr.ppkaet Violation Description O� Was ac�ivity permittable? Yes 109 Initial Discovery Date �? ( Discovery Method �GYlTrite [7/YiT� /99ce��� C Violation Descrip� > l/�"// u�. a lco� (1L /lilcri' 7DrY2C/'. ♦ in 1 Respondent Information Pr"or Vi I dons in same AEC: Yes / No �Case.NuitttYzr< 7 9f Y A I ?p Adent Names) �Z / % /- / an µ nr ?A gent/Contractor). C,V Addresses ��// r ` 'U City State/r�� Zipv�o 6 Phone #2liT S-f1— � 1 ill Fax # Email Violation Type: QI No Permit ❑ Permit Condition u Expired Permit 9 Inconsistem wl Rules Project Type: Re�Required:L^J Private/Community rpAuthorizations -A Major �,CAMA ❑ Govt.lPublic El Minor an D&F ❑ Commercial ❑ General Site Visits Respondent Present Site Visits Respondent Present Cl Violation Location and Site Description Raver File Project Location: County .. Shoreline Length Street Address/ State Road/ Lot #(s) SAV: Not sure Yes < No C Sandbags: Not Sure Yes (�G) r- Subdivision © 'r PNA: Yes cent r '? _ /� ORW: Yes t �ieJrerR w City RX ZIP `� Crit. Hab. ,Y�es � o Phone # (_) (�^ River Bassiin z ch ? Photos C 0 No tO Adj. Wtr. Body \ �LC/` pJman lunknl Waiver Required Yes Closest Maj. Wa Body (/ C C In DWQ Buffer Area No '-'1�� Specify DWQ Buffer If applicable: Restoration NOV Date CNOV Date NIA InitialComp. Date —�� Date Comp. Observed Penalty Assessment Sent to Respondent Date 0 App./PermiWFee Rcvd by DCM Date B�Ctn Penalty' Assessment Extended Yes No-IUuVlntent Continuing Other Extension Granted Yes Cla Restoration Letter Acceptance Date 7J.0409 Ref. Recomm. Assess. DCM Assess. $ :.j !� $ 5' $ a ,. $ $ $ �$ $ S $ Total a-7 Formal Assessments, Appeals and Reductions _ + Date Long Form Submitted Assessment Appealed . Yes No Date Formal CPA Submitted ❑ Final Assessment $ Haze Penalty modified Attorney General's Office for Injunction or Formal Collection Date sent to AG. ❑ Respondant not responsive to penalty/NOV ❑ Injunction to complete restoration Date Collection Let. Sent Date Demand Let. Sent Violation Activities and Impacts AECs Aff d: Wetlands �Immppacteedd^?(Ye / No If yes, which types: r A EW PfA ES SA / / SY - JR LS Ty. OEA HHF SS SC C IF BF 404 PWS: FC: Other: Restoration Required by the Respondent I No Dimensions in excess of permit/ unauthorized activitles Dimensions to restore Final dimensions allowed Actually restored I Development Activit es � I I I q Habitat Description NOTES: 1110� r. r _9 f n Closing $J ('(� �- Payment Received $ — I rate Date Case Closed %L • �:wsrat,y � 3 North Carolina Department of Environment and Natural Resources 06-04B Division of Coastal Management Michael F. Easley, Governor Charles S. Jones, Director William G. Ross, Jr., Secretary I 20 April 2006 CERTIFIED MAIL 7003 3110 0002 0608 6757 RETURN RECEIPT REQUESTED Mr. Cecil O. Smith Jr. 5210 Carmel Club Road Charlotte, North Carolina 28226 Dear Mr. Smith: MAY 0 8 2006 Morehead City DCM This letter is in reference to the Notice of Violation that Steve Trowell, representative for the Division of Coastal Management, issued to you on 6 February 2006 for unauthorized development in violation of the Coastal Area Management Act (CAMA) and the State's Dredge and Fill Law. The violation occurred onsite your property located off SR 1769, in the Smith Shores subdivision, on Scott Creek, a tributary to Pungo Creek, in Beaufort County, near Belhaven, North Carolina. The violation resulted from the unauthorized filling of approximately t1,220 ftz of Coastal Wetlands and the resultant discharge of sediments into the Public Trust Area of Scott Creek.. The affected area contains, but is not limited to, the following Coastal Wetland species; Distichlis s ica Cladium,jamaicense and Suartina paters. This unauthorized, unpermitted activity took place in the Public Trust Shoreline, Public Trust Area and Coastal Wetland Area of Environmental Concern. Public Trust Shoreline, Public Trust Area and Coastal Wetlands are designated Areas of Environmental Concern and no permit was issued to you for development in these areas. Based upon Mr. Trowell's 18 April 2006 inspection, the requested restoration has been completed to the satisfaction of this Division The Coastal Area Management Act provides that a civil assessment of up to $2,500 may be assessed against any violation. It is the policy of the Coastal Resources Commission to assess a civil penalty for all violations. This is done to recover some of the cost of investigating violations and/or to compensate the public for any damage to its natural resources. Under the rules of the Coastal Resource Commission, a proposed civil penalty in the amount of $450 is appropriate for this violation. You may expeditiously resolve this matter prior to the 943 Washington Square Mall, Washington, North Carolina 27889 Phone: 252-946-6481 1 FAX: 252-948-0478 1 Internet www.ncweatelmanacement.net/ NoOC am i a �t,c Mr. Cecil 0. Smith, Jr. 20 April 2006 Page Two assessment of a formal civil penalty by accepting responsibility for the violation and paying the proposed amount of $450. 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 $450, made payable to the North Carolina Department of Environment and Natural Resources (NCDENR); and, (3) return the signed agreemenf 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. 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 matter. If you have any questions, please do not hesitate to contact me at my Washington Office, (252) 946-6481. Sincerely, Terry E. Moore District Manager Division of Coastal Management Washington Regional Office ENCLOSURE c: Steve Trowell - Coastal Management Representative, DCM fled Tyndall - Assistant Director, DCM Roy Brownlow — Enforcement Coordinator, DCM Raleigh Bland - U.S. Army Corps of Engineers CAMA VIOLATION #06-04B 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 $450 against me for violation of the Coastal Area Management Act, NCGS 113A-100 et SeMc ., committed on or near my property located off SR 1769, in the Smith Shores subdivision, on Scott Creek, a tributary to Pungo Creek, in Beaufort County, near Belhaven, 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 6 February 2006, and agree to pay the proposed civil assessment of $450. Date Mr. Cecil O. Smith Jr. Address Telephone Number DCM ENFORCE ACKING REPORT L P� Field Rep. STC4'L. fC/� Vid e No. LPO tAn 8 Violated Permit No. ! / LPl (If eppiicabie) Violation Description [ i 1 Was activity permittable7 Yes / Initial Discovery Date ' l C7� DiscoveryMethod AR2ritse—liGlriT� Violation Descripv' `' - Respondent Information Pr'or yi I lions in same AEC: Yes / No R?; tldent Name(s) �� a 1AgendContrapctor), AdCtdSSreCs/s U City ��/a State/vim Zipv�o� Phone # ��� �— �� Fax # Email Violation Type: Project Type: Authorizations Required: Site Visits Respondent Site Vislts Respondent No Permit Private/Community y Z Major �CAMA Present Present ❑ Permit Condition ❑ Govt.lPubllc ❑ ry� Minor sal D&F ❑ {�O� ❑ ❑ ❑ u Expired Permit ❑ Commercial ❑ General Inconsistent wl Rules ❑ ❑ Violation Location and Site Description Project Location: County Street Address/ State Road/ Lot #(s) Phone# (_)_ Adj. Wtr. Body Closest Maj. Wtr. Body Rover File ._.. .. .r Shoreline Length SAV: Not Sure Yes No Sandbags: Not Sure Yes PNA: Yes Adjacent ORW: Yes Adjacent Crit. Hab. ,Y�es'� Photos 149 No Waiver Requlred Yes In DWQ Buffer Area LfP No Specify DWQ Buffer If applicable: Restoration Extension Granted Yes No NOV Date Initial Req. Comp. Date Restoration Letter CNOV Date Date Comp. Observed Acceptance Date Penalty Assessment Sent to Respondent Date APP./Permit Fee Penalty, Revd by DCM Date Assessment Extended Yes No - Willful intent. Continuing i Other 71.0409 Rel. Recomm. Assess. DCM Assess. $ f $ S f S S S $ Total Formal Assessments, Appeals and Reductions Date Long Form Submitted Assessment Appealed Yes No Date Formal CPA Submitted ❑ Penalty modified Final Assessment f nate Attorney General's Office for Injunction or Formal Collection Date sent to AG, ❑ Respondant not responsive to penaltyll ❑ Injunction to complete restoration Date Collection Let Sent Date Demand Let. Sent Violation Activities and Impacts AECs Aff d: Wetlands No If yes, which types: EW F ES SA 4QC SY - 1R LS TY OEA - HHF SS C�pacted? IF BF 404 PWS: FC: Other: Restoration Required by the Respondent �/ No 1 Development Activities Habitat Description Dimensions In excess of permit/ unauthorized activities Dimensions to restore Final dimensions allowed Actually restored I � I Closing Payment Received S Data. Date Case Closed' 06-04B 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 3 May 2006 Mr. Cecil Smith 5010 Carmel Club Drive Charlotte, NC 28226 RE: Payment of Proposed Penalty for Violations of the Coastal Management Act Committed in Beaufort County CAMA Violation No. 06-04B Dear Mr. Smith: This letter will acknowledge receipt of Check No. 2938 in the amount of $450, and dated 28 April 2006. 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 Steve Trowell, (252)-948-3854, at the Washington Regional office. Sincerely, Terry E. Moore District Manager Division of Coastal Management Washington Regional Office c: Ted Tyndall — Assistant Director, DCM awoRoy Brownlow — Compliance & Enforcement Coordinator Steve Trowell -;Coastal Management Representative, WaRO, DCM NON Caro ina Vturma y 943 Washington Square Mall, Washington, North Caroline 27889 Phone: 252-946-6481 1 FAX: 252-948-0478 1 Internet www.nocoestalmaneaementnell N ��, C04fiy, North Carolina Department of Environment and Natural Resources 06-04B Division of Coastal Management Michael F. Easley, Governor Charles S. Jones, Director William G. Ross, Jr., Secretary 20 April 2006 CERTIFIED MAIL 7003 3110 0002 0608 6757 RETURN RECEIPT REQUESTED Mr. Cecil O. Smith Jr. 5210 Carmel Club Road Charlotte, North Carolina 28226 Dear Mr. Smith: NNIM, W40 Mu r 0 8Luu6 Morehead City GC,-O This letter is in reference to the Notice of Violation that Steve Trowell, representative for the Division of Coastal Management, issued to you on 6 February 2006 for unauthorized development in violation of the Coastal Area Management Act (CAMA) and the State's Dredge and Fill Law. The violation occurred onsite your property located off SR 1769, in the Smith Shores subdivision, on Scott Creek, a tributary to Pungo Creek, in Beaufort County, near Belhaven, North Carolina. The violation resulted from the unauthorized filling of approximately ±1,220 ft2 of Coastal Wetlands and the resultant discharge of sediments into the Public Trust Area of Scott Creek.. The affected area contains, but is not limited to, the following Coastal Wetland species; Distichlis syicata, Cladium iamaicense and Spartina patens. This unauthorized, unpemvtted activity took place in the Public Trust Shoreline, Public Trust Area and Coastal Wetland Area of Environmental Concem. Public Trust Shoreline, Public Trust Area and Coastal Wetlands are designated Areas of Environmental Concern and no permit was issued to you for development in these areas. Based upon Mr. Trowell's 18 April 2006 inspection, the requested restoration has been completed to the satisfaction of this Division The Coastal Area Management Act provides that a civil assessment of up to $2,500 may be assessed against any violation. It is the policy of the Coastal Resources Commission to assess a civil penalty for all violations. This is done to recover some of the cost of investigating violations and/or to compensate the public for any damage to its natural resources. Under the rules of the Coastal Resource Commission, a proposed civil penalty in the amount of $450 is appropriate for this violation. You may expeditiously resolve this matter prior to the 943 Washington Square Mall, Washington, NoM Carolina 27889 Phone: 252-946-6481 1 FAX: 252-948-0478 1 Internet: www.n000estalmanaaement.net/ w Camna l two I I' Mr. Cecil O. Smith, Jr. 20 April 2006 Page Two assessment of a formal civil penalty by accepting responsibility for the violation and paying the proposed amount of $450. 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 $450, 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. 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 matter. Ifyou have any questions, please do not hesitate to contact me at my Washington Office, (252) 946-6481. Sincerely, Terry E. Moore District Manager Division of Coastal Management Washington Regional Office ENCLOSURE c: Steve Trowell - Coastal Management Representative, DCM Ted Tyndall - Assistant Director, DCM WRoy Brownlow — Enforcement Coordinator, DCM Raleigh Bland - U.S. Army Corps of Engineers d CAMA VIOLATION #06-04B 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 $450 against me for violation of the Coastal Area Management Act, NCGS 113A-100 et SeMc ., committed on or near my property located off SR 1769, in the Smith Shores subdivision, on Scott Creek, a tributary to Pungo Creek, in Beaufort County, near Belhaven, 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 6 February 2006, and agree to pay the proposed civil assessment of $450. Date Mr. Cecil O. Smith Jr. Address Telephone Number �� contae�� 06-04B North Carolina Department of Environment and Natural Resources Division of Coastal Management Michael F. Easley, Governor Charles S. Jones, Director William G. Ross, Jr., Secretary 3 May 2006 Mr. Cecil Smith IIWED 5010 Carmel Club Drive MAY 0 8 2006 Charlotte, NC 28226 nnAAnnrr he� City DCM RE: Payment of Proposed Penalty for Violations of the Coastal M W$€men ct Committed in Beaufort County CAMA Violation No. 06-04B Dear Mr. Smith: This letter will acknowledge receipt of Check No. 2938 in the amount of $450, and dated 28 April 2006. 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 Steve,Trowell, (252)-948-3854, at the Washington Regional office. Sincerely, CP+�i Terry E. Moore District Manager Division of Coastal Management Washington Regional Office c: ewmTed Tyndall — Assistant Director, DCM Roy Brownlow — Compliance & Enforcement Coordinator Steve Trowell - Coastal Management Representative, WaRO, DCM I��°�GnCaro1�' a �vatttmUy 943 Washington Square Mall, Washington, North Carolina 27889 Phone 252-946-6481 1 FAX: 252-94a-0478 1 Internet www.nocosstalmansaamentnetl 09-May-06 NC DIVISION OF COASTAL MANAGEMENT ENFORCEMENT RECORD CASE NUMBER LAST NAME FIRST NAME BUSINESS NAME: 06-04B ISMITH, JR. CECIL O CASE IS CLOSED' Previous Violations in Same ❑ NOV DATE CLOSURE DATE Elapsed Days gFFLILIATION SECTOR AEC for Similar Activities 276/2008 c;2 PROPERTY OWNER PRIVATE MAILING ADDRESS CITY STATE ZIP CODE PHONE NUMBER 5210 CARMEL CLUB ROAD CHARLOTTE INC 28226- 1704)541-59 99 PROPERTY ADDRESS COMMUNITY WATERBODY NEAREST ROAD SMITH SHORES S/D BELHAVEN 1PUNGO RIVER SR 1769 DISTRICT OFFICE COUNTY DCM REPRESENTATIVE LPO CONTACT WARD IBEAUFORT ITROWELL I VIOLATION TYPE .AFFECTED AECIS). © CW ❑ EW © PTA ❑ ES ❑ PTS MAJOR CAMA plus DREDGE AND FILL ❑ OEA ❑ HHFA ❑ IHA ❑ PWS ❑ NCRA NATURE OF VIOLATION AEC DESCRIPTION lzea major development and violation of the State's dredge and fill law discharge of sediments into the Public Trust Area of Scott Creek. RESTORATION STATUS ❑ RESTORATION NOT REQUIRED - CONTRACTOR ❑ RESTORATION NOT REQUIRED - PERMITTABLE DEVELOPMENT ❑ RESTORATION NOT REQUIRED - FURTHER IMPACTS ❑ RESTORATION PENDING and the RESTORATION REQUEST DATE COMPLETION DATE 3/6/2006 4/18/2006 RESTORATION EXTENDED RESTORE DATE ❑ DEADLINE EXTENDED ❑ REFERRED TO AG'S OFFICE- INJUNCTION T— INJUNCTION REFER DATE: I ❑ REFERRED TO AG'S OFFICE - COLLECTION COLLECTION REQUEST DATE: I ASSESSMENT DATE PENALTY AMOUNT COLLECTION DATE AMOUNT COLLECTED PENALTY STATUS 4/20/2006 F $450 k PENALTY ISSUED ❑ WILLFUL &INTENTIONAL PENALTY (MIN. OR DOUBLED) ❑ PENALTY NOT ISSUED ❑ CNOV ISSUED F—CNOV DATE ❑ CONRACTOR'S FIRST OFFENSE ❑ PENALTY APPEALED APPEAL DATE ❑ FORMAL CPA ISSUED r FORMAL CPA DATE ❑ SETTLED. AGREED UPON. STIPULATED PENALTY I —SETTLEMENT DATE ❑ UNCOLLECTIBLE PENALTY I UNCOLLECTIBLE DETERMINATION DATE Violations Involving Adversely Impacted Resources AMOUNT OF ADVERSELY DISTURBED AREA (SQ. FT.) 1,220 AMOUNT OF RESTORED AREA (SQ. FT) 1,220 NOTES � FEB 0 9 200E 06-04B North Carolina Department of Environment anctyat`e�l e8�'itsy UCM Division of Coastal Manage Michael F. Easley, Govemor Charles S. Jones, Director William G. Ross, Jr., Secretary NOTICE OF VIOLATION %LSB _�RB 6 February 2006 TB fL, RB _4MTT CERTIFIED MAIL 7003 3110 0002 0605 8921 RETURN RECEIPT REQUESTED Mr. Cecil O. Smith Jr. 5210 Carmel Club Road Charlotte, North Carolina 28226 Dear Mr. Smith: This letter confirms that on 2 February 2006, I met Mr. Cecil Smith Sr., your father, and Mr. Ronald Lilley, onsite your property located off SR 1769, in the Smith Shores subdivision on Scott Creek, atributary to Pungo Creek, in Beaufort County, near Belhaven, North Carolina. The purpose of this onsite meeting was to discuss permit requirements for bulkhead construction. This letter also confirms myy 3 February 2006 follow up site visit and our 6 February 2006 phone conversation. 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), as well as 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 NC Department of Environment and Natural Resources. This requirement is imposed by NC General Statute (herein abbreviated NCGS) 113A-118. Information I have indicates that you have undertaken, or are legally responsible for the unauthorized filling of t1,220 ft of Coastal Wetlands and the resultant discharge of sediments into the Public Trust Area of Scott Creek. The affected Coastal Wetland area contains, but is not limited to, the following Coastal Wetland species; Distichlis Micata Cladium,iemaicense and SDartina patens. Coastal Wetlands and Public Trust Area are designated Areas of Environmental Concern (AECs), and no permit was issued to you 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. If the development that you have undertaken is not consistent with applicable standards, as in this case, you will be required to restore all affected areas to their former conditions. 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, which is subject to an additional assessment of up to $2,500. An injunction or criminal penalty may also be sought to enforce any violation. N.C.G.S. 113A-126 It is the policy of the Coastal Resources Commission to levy a minimum civil assessment of $350 not to exceed $2,500 against all violations. This is done to recoup some of the costs of investigating violations and/or to compensate the public for any damage to its natural resources. Whether a higher amotr%will be atCaurnly'oa 943 Washington Square Mall, Washington, North Carolina 27889 Phone: 252-946-6481 1 FAX 252-948.0478 1 Internet www.n000estalmanaosmant.netl Mr. Cecil O. Smith Jr. 6 February 2006 Page Two assessed depends on several factors, including the nature and area of the resources that were affected and the extent of the damage to them. If the requested restoration is not undertaken and completed satisfactorily, a substantially higher civil assessment will be levied and a court injunction will be sought ordering restoration. You are also in violation of the State's Dredge and Fill Law, which requires a permit from the NC Department of Environment, and Natural Resources before undertaking any excavation or filling in any estuarine waters, tidelands, marshlandsor a state-owned lake. N.C.G.S. 113-229 The excavation and filling activities that you have undertaken 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. N.C.G.S. 113-229 Based upon N. C. Administrative Code, 7H. State Guidelines for Areas of Environmental Concern, the filling activity you have undertaken in Coastal Wetlands is not consistent and would not have been permitted. Therefore, I am requesting that all fill material placed in Coastal Wetlands be removed restoring the original elevation and contour (see attached Restoration Plan and Agreement). As discussed during our 6 February 2006 phone conversation, the area to be restored lies waterward of the line staked during my 2 February 2006 onsite investigation. You are also requested to stabilize the disturbed/filled area adjacent Coastal Wetland marsh to prevent further sedimentation of adjacent Coastal Wetlands and surface waters. Provided you intend to cooperate with the request, you should sign the attached Restoration Agreement and return it to me in the enclosed self-addressed envelope. No response from you within 10 days ofthe receipt of this letter will be interpreted as a refusal to cooperate and a court injunction will be sought ordering restoration. Thank you for your time and cooperation in resolving this matter. Ifyou have any questions about this or related matters, please call me at (252) 948-3854. 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 proper permits. :SiOCreIcere Steve J. Troiiic� Coastal Management Representative c: \ Terry Moore - District Manager, Washington Regional Office, DCM \Ted Tyndall - Assistant Director, DCM Raleigh Bland - U.S. Army Corps of Engineers, Washington Office Kyle Barnes - Division of Water Quality, Washington Office Restoration Plan Landward Edge of Coastal Wetland Line A DCM Flag Filled Coastal Wetlands to be restored Unaffected Coastal Wetlands Not to Scale Restoration Agreement I, Cecil O. Smith, agree to remove the unauthorized fill material I placed or caused to be placed in Coastal Wetlands. All affected areas of Coastal Wetlands are to be restored to the original elevations and contours. I agree to complete the restoration to the satisfaction of the Division of Coastal Management by 6 March 2006 or provide an explanation of non-compliance and a reasonable request for a time extension. Signature Date It is the policy of the Coastal Resource Commission to levy a civil penalty assessment not to exceed $2,500 against all violations. If restoration of the affected area is not undertaken or completed satisfactorily, a substantially higher civil assessment will be levied and an injunction sought to require restoration. DCM ENFORCEMENT TRACKING REPORT Issuer Field Rep. Tiee. 77 Vielatlan B,^.se No. A D LPO L jM Violated Permit No. // LPI (if applicable) Violation Description � Was activity permittable? Yes / o Initial Discovery Date 06 Discovery Method R6V1- 111<-- Violation DescriP3`%n'�°� _.� .. ../.. :_/q. ....._ .... . /_ 9_• /. _ _ c Phone In same AEC: Yes / No City Fax # Zipv)0OW4 Email Violation Type: Project Type: Authorizations Required: Site Visits Respondent Site Visits Respondent No Permit Private/Community Major 25 LAMA Present - � ❑ Present ❑ ❑ Permit Condition ❑ Govt1public ❑ Minor D&F O� ❑ ❑ Expired Permit ❑ Commercial ❑ General ❑ ❑ Inconsistent wl Rules Violation Location and Site Description Rover File .. . . Project Location: County ... ... . _.. -7... .. . Street Address/ State Road/ Lot #(s) 'AP -�� Phone# (_)_ Adj. Wtr. Body�16 Closest Maj. Wtr, Body Shoreline Length L SAV: Not Sure Yes No Sandbags: Not Sure Yes PNA: Yes 1� ORW: Yes Crit. Hab. Yes Photos C9 No Waiver Required Yes In DWQ Buffer Area No Specify DWQ Buffer if applicable: 74f Adjacent Adjacent Restoration Extension Granted Yes No NOV Date �� Initial Req. Comp. Date Restoration Letter CNOV Date Date Comp. Observed Acceptance Date .. .... Penalty Assessment Sent to Respondent Date Rcvd by DCM Date — Assessment Extended Yes App./Permit Fee Penalty No - Wilifulllntent. Continuing Other 71.0409 Ref. Recomm. Assess. DCM Assess. $ $ Is $ Is $ Is i$ Is $ Total Y • 1 Formal Assessments, Appeals and Reductions Date Long Form Subinitted Date Formal CPA Submitted Final Assessment Assessment Appealed. Yes No ❑ Penalty modified Attorney General's Office for Injunction or Formal Collection Date sent to AG, ❑ Respondent not responsive to penalty/NOV ❑ Injunction to complete restoration Date Collection Let. Sent Date Demand Let. Sent Violation Activities and Impacts AECs A}ffj d: EW PT ES TS OEA HHF PWS: FC: Other: Restoration Required by the Respondent 5e l No Wetlands Impacted? &YD/ No SA O SY • 1R SS SC IF BF If yes, which types: LS TY 404 Dimensions in excess ofpermit/ unauthorizedactivities Dimensions to restore Final dimensions allowed Actually restored F Develo ment Activities r; i i t Habitat Description Closing Payment Received S Date Date Case Closed �' 06-04B North Carolina Department of Environment and Natural Resources Division of Coastal Management Michael F. Easley, Govemor Charles S. Jones, Director illiam G. Ross, Jr., Secrets NOTICE OF VIOLATION 6 February 2006 CERTIFIED MAIL 7003 3110 0002 0605 8921 RETURN RECEIPT REQUESTED Mr. Cecil O. Smith Jr. 5210 Cannel Club Road Charlotte, North Carolina 28226 Dear Mr. Smith: w �iluC FEB 0 9 2006 Morehead City DCM This letter confirms that on 2 February 2006, I met Mr. Cecil Smith Sr., your father, and Mr. Ronald Lilley, onsite your property located off SR 1769, in the Smith Shores subdivision on Scott Creek, a tributary to Pungo Creek, in Beaufort County, near Belhaven, North Carolina. The purpose of this onsite meeting was to discuss permit requirements for bulkhead construction. This letter also confirms my 3 February 2006 follow up site visit and our 6 February 2006 phone conversation. 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), as well as 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 NC Department of Environment and Natural Resources. This requirement is imposed by NC General Statute (herein abbreviated NCGS) 113A-118. Information I have indicates that you have undertaken, or are legally responsible for the unauthorized filling of t1,220 ft of Coastal Wetlands and the resultant discharge of sediments into the Public Trust Area of Scott Creek. The affected Coastal Wetland area contains, but is not limited to, the following Coastal Wetland species; Distichlis spicata Cladium jamaicense and S patens. Coastal Wetlands and Public Trust Area are designated Areas of Environmental Concern (AECs), and no permit was issued to you 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. If the development that you have undertaken is not consistent with applicable standards, as in this case, you will be required to restore all affected areas to their former conditions. 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, which is subject to an additional assessment of up to $2,500. An injunction or criminal penalty may also be sought to enforce any violation. N.C.G.S. 113A-126 It is the policy of the Coastal Resources Commission to levy a minimum civil assessment of $350 not to exceed $2,500 against all violations. This is done to recoup some of the costs of investigating violations and/or to compensate the public for any damage to its natural resources. Whether a higher amotrm, be atrtm Cerolty'oa 943 Washington Square Mall, Washington, North Carolina 27889 Phone:252-946-6481 1 FAX:252-948.0478 1 Internet: www.nomastelmensoement.neV Mr. Cecil O. Smith Jr. 6 February 2006 Page Two assessed depends on several factors, including the nature and area of the resources that were affected and the extent of the damage to them. If the requested restoration is not undertaken and completed satisfactorily, a substantially higher civil assessment will be levied and a court injunction will be sought ordering restoration. You are also in violation of the State's Dredge and Fill Law, which requires a permit from the NC Department of Environment, and Natural Resources before undertaking any excavation or filling in any estuarine waters, tidelands, marshlandsor a state-owned lake. N.C.G.S. 113-229 The excavation and filling activities that you have undertaken 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. N.C.G.S. 113-229 Based upon N. C. Administrative Code, 7H. State Guidelines for Areas of Environmental Concern, the filling activity you have undertaken in Coastal Wetlands is &ol consistent and would not have been permitted. Therefore, I am requesting that all fill material placed in Coastal Wetlands be removed restoring the original elevation and contour (see attached Restoration Plan and Agreement). As discussed during our 6 February 2006 phone conversation, the area to be restored lies waterward of the line staked during my 2 February 2006 onsite investigation. You are also requested to stabilize the disturbed/filled area adjacent Coastal Wetland marsh to prevent further sedimentation of adjacent Coastal Wetlands and surface waters. Provided you intend to cooperate with the request, you should sign the attached Restoration Agreement and return it to me in the enclosed self-addressed envelope. No response from you within 10 days ofthe receipt of this letter will be interpreted as a refusal to cooperate and a court injunction will be sought ordering restoration. Thank you for your time and cooperation in resolving this matter. Ifyou have any questions about this or related matters, please call me at (252) 948-3854. 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 proper permits. Sincere Steve J. 7rof!1!1� Coastal Management Representative c: Terry Moore - District Manager, Washington Regional Office, DCM Ted Tyndall - Assistant Director, DCM Raleigh Bland - U.S. Army Corps of Engineers, Washington Office Kyle Barnes - Division of Water Quality, Washington Office Restoration Plan aft Landward Edge of Coastal Wetland Line 4° DCM Flag Filled Coastal Wetlands to be restored Unaffected Not to Scale Coastal Wetlands Restoration Agreement I, Cecil O: Smith, agree to remove the unauthorized fill material I placed or caused to be placed in Coastal Wetlands. All affected areas of Coastal Wetlands are to be restored to the original elevations and contours. I agree to complete the restoration to the satisfaction of the Division of Coastal Management by 6 March 2006 or provide an explanation of non-compliance and a reasonable request for a time extension. Signature Date It is the policy of the Coastal Resource Commission to levy a civil penalty assessment not to exceed $2,500 against all violations. If restoration of the affected area is not undertaken or completed satisfactorily, a substantially higher civil assessment will be levied and an injunction sought to require restoration. 17-Feb-06 NC DIVISION OF COASTAL MANAGEMENT ENFORCEMENT RECORD SASE' 'l ICASENUMBER LASTNAME FIRST NAME BUSINESS NAME: 06-046 ISMITH, JR. CECIL J CASE IS CLOSED j' Previous Violations in Same AEC for Similar Activities NOV DATE CLOSURE DATE Elapsed Days AFFLILIATION SECTOR 2 r,120D6 V I J PROPERTY OWNER 1PRIVATE MAILING ADDRESS CITY STATE ZIP CODE PHONE NUMBER 5210 CARMEL CLUB ROAD ICHARLOTTE NC 28226- (704) 541-5919 PROPERTYADDRESS COMMUNITY WATERBODY NEAREST ROAD SMITH SHORES S/D BELHAVEN 1PUNGO RIVER ISR 1769 DISTRICT OFFICE COUNTY DCM REPRESENTATIVE LPO CONTACT WARD IBEAUFORT ITROWELT` VIOLATION TYPE AFFECTED AEd(S) © CW ElEW [d] PTA El ES ElPTS MAJOR CAM4 plus DREDGE AND FILL ❑ OEA ❑ HHFA ❑ IHA ❑ PWS ❑ NCRA NATURE OF VIOLATION AEC DESCRIPTION ized major development and violation of the State's dredge and fill law by filling Coastal Wetlands and the discharge of sediments into the Public Trust Area of Scott Creek. RESTQRATION STATUS ❑ RESTORATION NOT REQUIRED - CONTRACTOR ❑ RESTORATION NOT REQUIRED - PERMITTABLE DEVELOPMENT ❑ RESTORATION NOT REQUIRED - FURTHER IMPACTS ❑ RESTORATION PENDING US ASSESSMENT DATE PENALTY STAT ❑ PENALTYISSUED RESTORATION REQUEST DATE COMPLETION DATE 3/6/2006 RESTORATION EXTENDED RESTORE DATE ❑ DEADLINE EXTENDED ❑ REFERRED TO AC, S OFFICE - INJUNCTION INJUNCTION REFER DATE: I ❑ REFERRED TO AG'S OFFICE - COLLECTION COLLECTION REQUEST DATE: I PENALTY AMOUNT COLLECTION DATE AMOUNT COLLECTED ❑ WILLFUL & INTENTIONAL PENALTY (MIN. OR DOUBLED) ❑ PENALTY NOT ISSUED ❑ CNOV ISSUED F CNOV DATE ❑ CONRACTOR'S FIRST OFFENSE ❑ PENALTY APPEALED —APPEAL DATE FORMAL CPA ISSUED FORMAL CPA DATE ❑.SETTLED, AGREED UPON. STIPULATED PENALTY I SETTLEMENT DATE ❑ UNCOLLECTIBLE PENALTY r—UNCOLLECTIBLE DETERMINATION DATE Violations Involving Adversely Impacted Resources AMOUNT OF ADVERSELY DISTURBED AREA (SQ. FT.) 1,220 AMOUNT OF RESTORED AREA (SQ. FT)`� NOTES