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Home My WebLink About05-26A Hatchell20-Sep-05 NC DIVISION OF COASTAL MANAGEMENT ENFORCEMENT RECORD CASE NUMBER LAST NAME FIRST NAME BUSINESS NAME: 05-26A 1HATCHELL IDEREK HATCHELL CONCRETE (•) CASE IS CLOSED Previous Violations in Same AEC NOV DATE CLOSURE DATE Elapsed Days AFFLILIATION SECTOR 7 for Similar Activities S/02005 1 26 PROPERTY OWNE COMMERCIAL MAILING ADDRESS CITY STATE ZIP CODE PHONE NUMBER POB 2405 MANTEO NC 27954- (252) 473-6074 PROPERTY ADDRESS COMMUNITY WATERBODY NEAREST ROAD 7721 VIRGINIA DARE TRAIL NAGS HEAD IROANOKE SOUND I DISTRICT OFFICE COUNTY DCM REPRESENTATIVE LPO CONTACT ECDO JDARE IJENNINGS-- VIOLATION TYPE AFFECTED AEC(S) CW J. EW PTA ❑ ES LF 1 PTS MAJOR CAMA plus DREDGE AND FILL OEA HHFA ❑ IHA PWS NCRA NATURE OF VIOLATION AEC DESCRIPTION thorized major development and Violation of the State'S dredge tL TIII law Dy constructing a DUIKneaO (prevol- rized by expired State Permit #40881-A) within the PTA and EW AECs adjacent the Roanoke Sound. Work is inconsistent with previously authorized development on expired permit. RESTORATION STATUS I RESTORATION NOT REQUIRED - CONTRACTOR J RESTORATION NOT REQUIRED - PERMITTABLE DEVELOPMENT RESTORATION NOT REQUIRED -FURTHER IMPACTS [', RESTORATION PENDING RESTORATION REQUEST DATE COMPLETION DATE RESTORATION EXTENDED RESTORE DATE DEADLINE EXTENDED El REFERRED TO AG'S OFFICE - COLLECTION ❑ REFERRED TO AG'S OFFICE - INJUNCTION ASSESSMENT DATE PENALTY AMOUNT COLLECTION DATE AMOUNT COLLECTED PENALTY STATUS - g/9/2005 $500 9/15/2005 $500 J. PENALTY ISSUED Ll PENALTY NOT ISSUED _ WILLFUL INTENTIONAL PENALTY (MIN. OR DOUBLED) F-I CNOV ISSUED CONRACTOR'S FIRST OFFENSE SETTLED, AGREED UPON, OR STIPULATED PENALTY PENALTY APPEALED UNCOLLECTIBLE PENALTY Ll FORMAL CPA ISSUED Violations Involving Adversely Impacted Resources AMOUNT OF ADVERSELY DISTURBED AREA (SQ. FT.) F- AMOUNT OF RESTORED AREA (SO. FT) NOTES "� LSB B ��jj �TB I�RB ii�% MTT 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 September 15, 2005 Mr. Derek Hatchell Hatchell Concrete P.O. Box 2405 Manteo, NC 27954 RE. Payment of Proposed Penalty for K lotions of the Coastal Area Management Act, Dare County, CAMA Violation #05-2; Dear Mr. Hatchell: This letter will acknowledge receipt of your Check #7097 in the amount of $500, and dated 09/13/05. 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 S son District Manager TS/yc cc: C:Ted Tyndall, Assistant Director, DCM, Morehead City Roy Brownlow, Compliance Coordinator, DCM, Morehead City Frank Jennings, Coastal Management Representative, DCM, Elizabeth City 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 Hatchell Concrete September9, 2005 Page 3 of 3 7. 4 2005CAMA VIOLATION #05.26A co SEP SEEsTAL nn AGREEMENT TO PAY PROPOSED CIVIL ASSESSMENT ELI2p ;� NA!44ENT 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 $500 against me for violation of the Coastal Area Management Act, NCGS 113A-100 et sec, committed on or near my property at 7721 Virginia Dare Trail, Nags Head, 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 August 25, 2005, and agree to pay the proposed civil assessment of $500. DATE / 0 011 • L. ADDRESS an - Ln 3- CQoi TELEPHONE NUMBER DCM ENFORCEMENT TRACKING REPORT k _ Issuer 5 . 2 Co Field Rep. a n % E ^ n ^ 9 C Violation Base No. A B C D LPO 4/� $ Violated Permit No. LPl �o�✓�"�y�� ''� rr (if applicable) , Violation Description Was activity permittable? Yes / No Initial Discovery Date Violation Description Respondent Discovery Prior Viofations in sar a AEC: Yes / No Respondent Name(s) Address—p 0 gK 01'City A4a ur1FO State A)0- Zip cR7)%iw Phone # A5' ;2 - Y 9 3 — G �' Fax # Email Site Visits Respondent Present 8 y e sr ❑ ❑ ❑ site Visits Respondent Present El ❑ — ❑ Violation Type: No Permit lPermit Condition ] Expired Permit Project Type: ❑ Private/Community Gov[./Public Commercial Authorizations Required: ® Major � CAMA ❑Minor [ D&F ❑ General /❑ Inconsistent wl Rules Violation Location and Site Description Rover File Project Location: County Q A PE r-V0^ -!e _ Shoreline Length' C 8 S Street Address/ State Road/ Lot #(s) % '7 2 f L)r&y h SAV: Notsure Yes �d �,4s L ::I? Sandbags: Not Sure Yes. i?iP Adjacent . sIOn�Sr d S1 TC _ PNA: Yes, ORW, Yes h(an Adjacent City A%A'G"S ZIP Crit. Hab. Yes No Phone # River Basin _ S 4�u� K Photos ® No 10 ce �ouwa (aan lunknl_ Waiver Required Yes Adj. Wtr. body �tOi4WD In DWQ Buffer Area Yes Closest Maj. Wtr. Body specify DWQ Buffer If applicable: Restoration Extension Granted Yes No NOV Date Z S 0 Initial Req. Comp. Date �,J % Restoration Letter CNOV Date _ Date Comp. Observed —— Acceptance Date F 71.0409 Ref, Recomm. Assess. 1 DCM Assess, Penalty Assessment Cc(ioAt4ACr +i-AppIermit Fee Sent to Respondent Date f° -- Pena— rISS $ —_— j y Rcvd 6y DCM Date —"- Willfulllntent. I $ S Assessment Extended Yes No i —= j i Continuing i is i$ i$ Other --- Total67O c-�— -- — Formal Assessments, Appeals and Reductions Date Long Form Submitted Assessment Appealed Yes No Date Formal CPA Submitted ❑ Penalty modified Final Assessment S Rate 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 Affectedi Wetlands Impacted? Yes /(o° If yes, which types; CW ES PTS OEA • HHF IH SA 1R LS TY, SC SP IF SS SC SP IF OF 404 PWS: FC: Restoration Required by the Respondent Yes ICED Closing / Payment Received S__S C—_.�—mate /� , `-.2-: Date Case Closed AG { 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 September 9, 2005 CERTIFIED MAIL RETURN RECEIPT REQUESTED Mr. Derek Hatchell Hatchell Concrete P.O. Box 2405 Manteo, NC 27954 RE: CAMA VIOLATION #05-26A Dear Mr. Hatchell: &A ; TB ,� ", This letter is in reference to the Notice of Violation dated August 25, 2005 that Frank Jennings, representative for the Division of Coastal Management (DCM), issued to you for the construction of a bulkhead after the expiration of CAMA General Permit #A40881, and the bulkhead alignment not being consistent'with the General Permit conditions, located at 7721 Virginia Dare Trail, Nags Head, Dare County. The violation involved the Public Trust Area (PTA) and Estuarine Waters (EW), which are Areas of Environmental Concern (AEC) designated by the Coastal Resources Commission. 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 Resources Commission, a proposed civil penalty in the amount of $500 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 $500 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. 1367 U.S. 17 South, Elizabeth City, North Carolina 27909 Phone: 252-264-39011 FAX: 252-264-37231 Internet: www.nccoastaimanagement.net An Equal Opportunity \ Affirmative Action Employer— 50% Recycled 110% Post Consumer Paper Hatchell Concrete September 9, 2005 Page 2 of 2 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, Ted Sempson District Manager TS/yc Enclosures cc: L Ted Tyndall, Assistant Director, DCM, Morehead City Roy Brownlow, Compliance Coordinator, DCM, Morehead City Frank Jennings, Coastal Management Representative, DCM, Elizabeth City Natchell Concrete c September 9, 2005 Page 3 of 3 l CAMA VIOLATION #05.26A 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 $500 against me for violation of the Coastal Area Management Act, NCGS 113A-100 et se , committed on or near my property at 7721 Virginia Dare Trail, Nags Head, 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 August 25, 2005, and agree to pay the proposed civil assessment of $500. DATE SIGNATURE ADDRESS TELEPHONE NUMBER DCM ENFORCEMENT TRACKING REPORT , IFrO.A k ; en n Issuer Violation Base No. 5 ^ 2 �0 Fie!d Rep. � rt� A B C D LPO V 0 ' A CiS I I Y Violated Permit No. LPJ C,O- �ur� ow 1 (If applicable) Violation Description Was activity permittable? Yes / No Initial Discovery Date Discovery Method Violation Description 13—...A.nt-infnrrKatiA V Prior Violations to sar a AEC: Yes! No ,CaSe;NUm Respondent Name(s) H w i e h a/ f V a n c r c r tLanuuwucunycuu Address P 0 go )c ��S' City A9,40VTt=O State �tJc Zip o27S�' Phone # Z — V J G �' Fax # Email Violation Type: No Permit PermitCandition Expired Permit Project Type: ❑ Private/Community Govt./public. Commercial Authorizations Required: ® Major CAMA ❑ Minor [ D&F ❑ General Site Visits Respondent Present a, y e �� ❑ ❑ ❑ t Site Visits Respondent' Present El❑ ❑ I❑ ❑ Inconsistent wl Rules Violation Location and Site Description Rover File Project Location: County Q A 121 COCA^-r`e _ Shoreline Length c 8 b Street Address/ State Road/ Lot #(s) % 7 1L f (%r/et r ^ 'r 104 °"" SAV: Notsure Yes 69 Sandbags: Not Sure Yes II11111P �f1sL ' slon�sr s .$iTG PNA: Yes, ORW: Yes Na'n Adjacent Adjacent City „ iw GS �� (% ZIP-- Crit. Hat, Yes No Phone# (_).— River Basin _ Y Ad �Uo rr1 �K Photos ® No p u F ��w� ke `S`o" ao lunkn _ Waiver Required Yes I® Adj. Wtr, Body In DWQ Buffer Area Yes Closest Maj. Wtr. Body sf a Specify DWQ Buffer if applicable: — Restoration /v0 Extension Granted Yes No NOV Date Z S C' `� Initial Req. Camp. Date °J/% Restoration Letter CNOV Date — Date Comp. Observed _1=V— Acceptance Date 71.0409 Ref. Recomm. Assess. DCM Assess. Penalty Assessment 6 .o' ! J 7�as _ ( A (Permit Fee l, O."A(Co2U,+L T_ C I / Sent to Respondent Date _ l -PP•_ _ Penalty $%0 O _- is Rcvd by DCM Date - �Q -- -- — Willfullintent. l S ; S Assessment Extended Yes No -- S ; $ Continuing I — I Other IS l8 i Total 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 ❑ Respondent not responsive to penalty/NOV ❑ Injunction to complete restoration Date Collection Let. Sent Date Demand Let. Sent Violation Activities and Impacts AECs Affected: Wetlands Impacted? Yes /(RP If yes, which types: CW ES PTS OEA • HHF IH SA DS' CI SY A LS TY PWS: FC: SS SC.SP IF BF 404 Other: Restoration Required by the Respondent Yes /(ED Closing Payment Received $---_ Date._ _-- Date Case Closed NCDENR North Carolina Department of Environment and 156 LSB -J�aB ,-�,:TB _�RB MTT Natural Resources Division of Coastal Management Michael F. Easley, Governor Charles S. Jones, Director William G. Ross Jr., Secretary CERTIFIED MAIL RETURN RECEIPT REQUESTED Mr. Derek Hatchell Hatchell Concrete P.O. Box 2405 Manteo, NC 27954 NOTICE OF VIOLATION FTM q August 25, 2005 AU 1 8 t 1UU5 M0rvhQjA i City DCM RE: NOTICE OF VIOLATION AND REQUEST TO CEASE UNAUTHORIZED DEVELOPMENT CAMA VIOLATION #05-26A Dear Mr. Hatchell: This letter confirms that on August 9, 2005, Mr. Ted Sampson, District Manager for the Elizabeth City office of the Division of Coastal Management, and I were onsite at your property located 7721 Virginia Dare Trail, US 158, adjacent to the Roanoke Sound located in or near Nags Head, Dare County, NC. The purpose of the visit was to investigate the construction of a bulkhead after the expiration of CAMA General Permit #A40881 and the bulkhead alignment not being consistent with the General Permit conditions. This letter also confirms an August 18, 2005 meeting with you, John DeLucia of Albemarle Engineering, Mr. Sampson and me regarding this matter. 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.) 11 3A-1 18. I have information that indicates you have undertaken or are legally responsible for the construction of a bulkhead waterward of an authorized alignment and after the expiration of a General Permit for a bulkhead at this site involving approximately 100 square feet of the Roanoke Sound adjacent to the aforementioned property. This activity took place in the Public Trust Area (PTA) and Estuarine Waters (EW) that are contiguous with the Roanoke Sound. PTA and EW areas are designated as Areas of Environmental Concern (AEC). Although CAMA General Permit #A40881 was issued to you for a bulkhead to average two (2) feet waterward of the normal water level, the permit expired on 06/21/05, Therefore, no CAMA permit was currently 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 Act and the State's Dredge and Fill Law. 1367 U.S. 17 South, Elizabeth City, North Carolina 27909 Phone: 252-264-3901 1 FAX: 252-264-37231 Internet: www.nccoastalmanagement.net An Frnal rinnndnnity 1 Affirmativa Artinn Fmnlnvar — Fno Porvrlorl l 1no Pnst r.nncumar Panar Derek Hatchell Hatchell Concrete August 25, 2005 Page 2 of 2 1 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). 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 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. You are also in violation of the State's Dredge and Fill Law which requires a permit from the North Carolina Department of Environment and Natural Resources before undertaking any excavating or filling in any estuarine waters, tidelands, marshlands, or state-owned lake pursuant to N.C.G.S. 113-229. Therefore, I also request that you immediately CEASE AND DESIST such unauthorized activity and contact me about this matter as well. Violations of the State's Dredge and Fill Act 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. Based upon review of the Coastal Area Management Act, Coastal Resource Commission's rules, and the local jurisdiction's Land Use Plan, the activity you have undertaken appears consistent with the guidelines for Areas of Environmental Concern. Therefore, restoration of the impacted area is not requested at this time and you may place backfill behind the existing bulkhead. You have provided proof of adjacent riparian property owner notification to our office. 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 my submission of an enforcement report to the District Manager, you will be notified as to the amount of a civil assessment for undertaking development without first obtaining the proper permit(s). 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. A site inspection will be made in the near future to determine whether this REQUEST TO CEASE AND DESIST has been complied with. I request that you contact me immediately about these important matters. Sincerely, 4- Frank A. Jennings, III Coastal Management Representative FAJ/ybc cc: Ted Tyndall, Assistant Director, DCM, Morehead City Ted Sampson, District Manager, DCM, Elizabeth City Roy Brownlow, Compliance Coordinator, DCM, Morehead City DCM ENFORCEMENT TRACKING REPORT _ Issuer 0 5 - z (A Field Rep. Fr w n �C e ^-�9 S —_ Violation Base No Vey(:AD B C D LPO Violated Permit No. y� g � f3 LPJ (it applicable) Violation Des.cription Was activity permittable Yes / No Initial Discovery Date Discovery Method Violation Description - -lie_ n ni /7 /i -B i> .10 Prior Violations in same AEC: Yes / No Respondent Name(s) Zy `T e h ¢ t ( V a n c r tl nnut wncu ycnv n,• . . Address Q 0 &2 Y ��' City A4^0 I'0 State NO Zip 677449- Phone Fax # Email _ Violation Type: Pro t Type: Authorizations Required: Site Visits Respondent Site Visits Respondent Present No Permit PrivatelCommunity ®Major CAMA Present g' y ei ❑ ❑ ❑ Permit Condition ❑ Govt./Public ❑ Minor [r D&F ❑ ❑ ❑ Expired Permit ❑ Commercial ❑ General ❑ ❑ ❑ inconsistent wl Rules Violation Location and Site Description Rover File Project Location: County QAJQE e_000 7" , I _ Street Address/ State Road/ Lot #(s) 7 V. �) Wbe i4tSon..yi- Sr City .4 )i+ -5 NCAV ZIP_ Phone# (_)— River Basin A`S4ryuoralg'K Adj. Wtr. Body 149.yw0ke(�1?nanlunkoJ— Closest Maj. Wtr. Body S Restoration NOV Date CNOV Date Penalty Assessment Sent to Respondent Date Rcvd by DCM Date — Assessment Extended Yes No Initial Req. Comp. Date Shoreline Length C g b SAM Not Sure Yes 69 Sandbags: Not Sure Yes Ip PNA: Yes New Adjacent ORW: Ye Adjacent Crit. Hab. Yes No Photos tQ No Waiver Required Yes 10 In DWQ Buffer Area Ye (C Specify DWQ Buffer if applicable: . Date Comp. Observed __—.-- Extension Granted Yes No Restoration Letter Acceptance Date j 7J.0409 Ref. Recomm. Assess.ICM Assess. App./Permit Fee is — Penalty i Willfullintent. AS S I Continuing Is 1 Other Is S I I Total 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 ❑ 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 F SA DS- Cl SY 1R LS TY PWS. FC. S5 SC SIP IF BF 404 Other: Restoration Required by the Respondent Yes No ) Activities Habitat NOTES: Closing Dimensions in excess I Dimensions to restore Final dimensions Actually restored of permit/ unauthorized activities I I allowed Payment Received S___.._._—_—_..___--_Date_ —_ Date Case Closed FEB-18-2005 WED 10:37 AN DCM-DMF E. CITY FAX NO, 252 264 3723. P. 01/02 CERTIFIED MAIL RE'i'URN RECEIPT REQUESTED DIVISION OF COASTAL MANAGEMENT ADJACENT RIPARIAN PROPERTY /OWNER NO 'IFICCAATI FORM Name of Individual applying for Permit: Address of Property: (Lot or Street tt, Street or Road, City & County) I hereby certify that I own property adjacent to the above referenced property. The individual applying for this permit Itas described to me as shown on the attached drawing the development they are proposing. A description or drawing, with dimensions, should be provided with this letter,, _ V I have no objections to this proposal. I have objections to this proposal. ,' you have objections to what is being proposed, please write the Division of Coastal Afrn dgenient, 1367 U.S 17 South, Elizabelh City, NC, 27909 or call (252) 264-3901 within 10 days of receipt of this notice. No response is considered the same as no objection if you have been notlfled by Cerdjled Mail. WAIVER SEG"PION I understand that a pier, (lock, mooring pilings, breakwater, boat house, or lift must be set back a minlnnml distance of 15' from my area of riparian access unless waived by me. (If you wish to waivo the sot'oack, you must initial the appropriate blank below,) �! ,—I do wish to waive the I5'setback requirement, _,__ I do not wish to waive the IS' setback requirement, Sid a Cure Dale Print Name a --- Telephone Number W ith Area Code CERTIFIED MAIL RETURN RECEIPT REQUESTED riMSION OF COASTAL MANAGEMENT ADJACENT RIPARIAN PROPERTY OWNER NOTIFICtjTIONIWAIVER FORM Name of Individual applying for Permit; l' e N LL Cj� Je'eGr-e J� c Address of Property: 77 P-:2 -77;•q -77a--3 l%7q , 679Re �t e&, (Lot or street #, Street or Road, CIty & County) i hereby eortify that I own property adjacent to the above referenced property. The Individual applying for this permit has described to me as shown on the attached drawing the development they are proposing. A description or drawing, with dimensions, should be provided with this letter, ✓ I have no objections to this proposal. I have objections to this proposal. If you have objections to what is being proposed, please write the Division of Coastal Management, 1367 US 17 South, Elizabeth City, NC, 27909 or call (252) 264.3901 within 10 days of receipt of this notice, No response is considered the sane as no objection if you have been notified by Cer ified Mail, WAIVER SECTION I understand that a pier, dook, mooring pilings, breakwater, boat house, or lift must be set back a minimum distance of 15, from my area of riparian aooess unless waived by me, (If you wish to waive the setbaok, you must initial the appropriate blank below.) - / I do wish to waive the 15' setback requirement, I do u of wish to waive the I S' setback requirement. Si attire Dote Print Name Telephone Number With Area Code ErCAMA / C]`�REDGE & FILL �GENERAL PERMIT ue Previous permit# ' E New ❑Modification ❑Complete Reissue ❑Partial Re s Date previous permit issued As authorized by the State of North Carolina, Department of Environment and Natural Resources and the Coastal Resources Commission in an area of environmental concern pursuant to I SA NCAC Rules attached. Applicant Name t'I4c.1"i i Loui"it:4" ProjectLocatioh: County PA i L•UrLT7 �3C p,fr StreetAddress/StateRoad/Lot # s "l °7 i �r4'�dr iar,F. Address r'�P -� L%` � () City State i,%JC ZIP @'iAdC. Phone # (.� % Fax # (;Zr -,) a CMG Ui Subdivision Z5 '- / , iN i `: &iT' Authorized Agent City 11i 0q r _`> (iC'r9 E1 ZIP C] CW VIEW MPTA Lf^BS ❑ PTS Phone # (_) River Basin Affected Affecte 0EA ❑ HHF ❑ IH ❑ USA ❑ N/A Adj. Wtr. Body kGr ft (� <` rC%a'` e ttat lman /unkn) ❑ PWS: ❑FC: �v:;r�,•.f.p .aa Crit. Hab. es n Closest Mail. Wtr. Body ORW: yes / �y"f_q' PNA yes /�' y / „�,.'o> Type of`project/Activity (Scale: ) Pier (dock) length .. -. — f -- — T� Platform(s) Finger pler(s) I, Groin length number Bulkhead/Wpra length i� r avg distance offshore^J .' A,1 max distance offs —re � ✓A=? G I } I 'tt�� Basin, channel Itil L..... L1Y—� .{ ards �I..yl �J .� } i a�— `i��' Y L. -, rl Boat ram ��a+fti--I� ��— cubic i Boathouse/ Boatlift I q z+•4 I�pN.%M —"- i �" Beach Bulldozing A d ttl�S Other tx L_.. r.._ y Shoreline Length`s t (` �'i �yt.�,e, Ji /f t�f l_I _r SAV: not sure es — "` � I Y -- % Sandbags: not surey yes �`�� _ I•�^- * � � � ^-^- �'^-- , a es no 8 - _ Moratorium: �n/� Photos: f+.i:5' no i� iti r1 ( ''I Waiver Attached: yes �' . �.. "• �See note on back ' w A building permit maybe required by: a is PG+R�' rr r,�" ovJf-j w^- � t-- o w %`� ck regarding River Basin rules. Notes/ Special Conditions pyc ,��` �' J ,/`. /G✓r�w�rS Agent or Applicant Primed Name f' f f' � Permit Officer's Signature 4 � a A', D0,4STAt Pti4P:aC ^°c 1 a?..I 0 x __f T , v Ex imti nDate Signature Please read compliance statement on backoit-_Y Issui gDate P >:. ✓,f i, ]`...o °., / rif'IP w, F1'"aid. LC)4��'l�lfQ Application Fee(s) er Check# Local PlanningJurisdiction Rover File Name JUL-29-2004 THU 05:05 PH DCN-DNF E. CITY FAX NO. 252 264 3723 P. 02 APK-UI-zuu4 'mu udt2G m uun-urir t:. U I I I rnn nV, wL wy V16V . II . CERTNMD MAM RETCIRN RECEIPT REQMTED DIVISION OF COASTAL MANAGM:ENT ADJACENT RIPARIV4 PROPERTY OWNER NOTIFICATIONIWATVER FORM 'Nauto of Individual applying for Permit: — fku- ek>A)C'EC/t `� Address of Property l� "^'k,3 il9r� G�oss:.zm.. (Lot or street #' Street or Road, City & Cou4ty) I hereby certify that I own property adjacent to the above referenced property. The individual applying for this permit has described to me as shown on the attached drawing the development they are proposing. A description or drawing, with dimensions, should be provided with this letter. I have no objections to this proposal, I have objections to this proposal. If you have objections to wha, is being proposed, please write the Division of Coastal Management, 1367 US 17 South, Elizabeth City, NC, 27909 or call (252) 264.3001 within 10 days of receipt of this notice. No respontc is considered the same as no objection Vyou have been notated by Certified Mart, WAIV>;1R SECTYON I understand that a pier, dook, mooring pilings, breakwater, beat house, or lift must be set back a minimum distance of 15' from my area of riparian aeoess unless waivedley me, (If you wish to walva'the setback,'you must initialtho appropriate blank below,) I do wish to waive the 15' setback requirement, '3 I do not wish to waive the 15' setback requirement, 5ign�tu ]Jets Print Name r Telephone Number With Area Code i .._...�...i.ae,..vm.uas,a�.w.....n.....r....<z9•JUL-e4 iJS'.13P JUL-29-2004 THU ME PM DCM-DMF E. CITY . FAX NO, 252 264 3723 P. 03 CERTII TED MAYL RETURN itECEIPT REQUESTEp DIVISION 00 COASTAL MANAGEMENT ADJACENT MARIAN PROPERTY OWNER NOTIFICATION/VYA,ITR F09M Name of Individual applying for 11=3W � 4-(C4re4-L Addressvfi'roperty:��2.-��"iZ4�'i"1 �Ji4-�Au2_.E`C�C_ rJA, _ 4i V++U n1C a—rGSat (Lot or Street N, Street or Road, City & County) I hertby certify that I own property adjacent to the above referenced property. The individual applying fox this permit has described to me as shown on the attached drawing the development they are proposing, A description or drawing, with dimensions, should be provided with this letter, t� I have no objections to this proposal. Ihave obJections to this proposal, if you have objeotions to what is being proposed, please wrtle the Division of Coastal Managoment,1367 US 17 South, Elizabeth City, NC, 2309 ar call (252) 2644901 within 10 days of receipt of this notice, No response is considered the sanie as no objection ('yom have been notified by Certoed Mail, WAIVER SLCITON , I understand that a pier, dock, mooring pilings, breakwater, boathouse, or lift must beset back a minimum distance of 15' from my are a of dpatian access Massa Waived by me, (If you wish to wilve the setback, you must initial the appropriato blank below.) v, I do wish. to waive the W solbat:k requirement, I do not wish to walvo the 15' setback requirerrtent, Siguature D to ,�.�� ,s r• 11, �L' OT print Niamv TtlephoneNumber With Axea Code PO &off' t'170m)7fc0,, 20-Sep-05 NC DIVISION OF COASTAL MANAGEMENT ENFORCEMENT RECORD CASE STATUS CASE NUMBER LAST NAME FIRST NAME BUSINESS NAME: 05-26A HATCHELL DEREK 1HATCHELL CONCRETE CASE IS CLOSED Previous Violations in Same AEC _ NOV DATE CLOSURE DATE Elapsed Days AFFLILIATION SECTOR 1 for Similar Activities 8/25/2005 26 PROPERTY OWNE COMMERCIAL MAILING ADDRESS CITY STATE ZIP CODE PHONE NUMBER POB 2405 MANTEO NC 27954- (252) 473-6074 PROPERTY ADDRESS COMMUNITY WATERBODY NEAREST ROAD 7721 VIRGINIA DARE TRAIL NAGS HEAD ROANOKE SOUND F_ DISTRICT OFFICE COUNTY DCM REPRESENTATIVE LPO CONTACT ECDO DARE IJENNINGS VIOLATION TYPE AFFECTED AEC(S) I CW F/I EW' J❑ PTA ❑ ES ❑ PTS MAJOR CAMA plus DREDGE AND FILL I I OEA ❑ HHFA ❑ IHA ❑ PWS ❑ NCRA NATURE OF VIOLATION AEC DESCRIPTION lauthorized major development and violation of the State's dredge & fill law by constructing a bulkhead (previously Ithorized by expired State Permit #40881-A) within the PTA and EW AECs adjacent the Roanoke Sound. Work Ine is inconsistent with previously authorized development on expired permit. .RESTORATION STATUS ---- --------- ------ ----- RESTORATION REQUEST DATE COMPLETION DATE ❑ I _`- I -1 RESTORATION NOT REQUIRED -CONTRACTOR - RESTORATION EXTENDED RESTORE DATE J, RESTORATION NOT REQUIRED - PERMITTABLE DEVELOPMENT DEADLINE RESTORATION NOT REQUIRED - FURTHER IMPACTS EXTENDED RESTORATION PENDING L] REFERRED TO AG'S OFFICE - COLLECTION REFERRED TO AG'S OFFICE - INJUNCTION PENALTY STATUS jJj PENALTY ISSUED ❑PENALTY NOT ISSUED ❑ CONRACTOR'S FIRST OFFENSE ASSESSMENT DATE PENALTY AMOUNT COLLECTION DATE AMOUNT COLLECTED 9i72005 $500 F_ I WILLFUL INTENTIONAL PENALTY (MIN. OR DOUBLED) ❑ CNOV ISSUED SETTLED, AGREED UPON, OR STIPULATED PENALTY ❑ PENALTY APPEALED I j UNCOLLECTIBLE PENALTY Violations Involving Adversely Impacted Resources AMOUNT OF ADVERSELY DISTURBED AREA (SO. FT.) — AMOUNT OF RESTORED AREA (SO. FT) I NOTES FORMAL CPA ISSUED