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Home My WebLink About05-34A PartingtonNCDENR North Carolina Department of Environment and Natural Resources Division of Coastal Management Pat McCrory Braxton C. Davis John E. Skvada, III Governor Director Secretary FILE MEMORANDUM TO: ROY BROWNLOW, COMPLIANCE COORDINATOR FROM: M. TED TYNDALL, ASST. DIRECTOR SUBJECT: VIOLATION CASE CLOSURE RECOMMENDATIONS DATE: 08/01/2013 CC: RONDA BENNETT Investigation has disclosed information that warrants discontinuation of enforcement action on the case listed below. Therefore, based upon staffs review and circumstances in this case, I hereby authorize closing/discontinuing CAMA Violation case No.: DS-3u4 M. TED TYNDALL, Assistant Director A lFirt ae 08/01/2013 Date Was /Ztu�/ psst .t� CL+�e J 400 Commerce Avenue, Morehead City, North Carolina 28557 Phone: 252-808-2808 \ FAX: 252.247-3330 \ Intemet: www.nocoastalmanagement.netAn Equal oppodunityl Affirmative Action Employer— 50% Regded 110% Post consumer Paper 35�i LSB RB TB � tMTT —�RB 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 December 1, 2005 Pl!',— � CERTIFIED MAIL RETURN RECEIPT REQUESTED5 Z005 Mr. Skip Partington Morehead Cit y DCM Barnhill Contracting Company 4704 N Croatan Highway Kitty Hawk, NC 27949 RE: NOTICE OF VIOLATION AND REQUEST TO CEASE UNAUTHORIZED DEVELOPMENT CAMA VIOLATION #05-34A Dear Mr. Partington: This letter is in reference to my November 3, 2005 visit onsite at the Currituck Club PUD, Phase 14 property off Hunt Club Drive at or near Corolla in Curritu& County, North Carolina. The purpose of the onsite visit was to investigate unauthorized development on the aforementioned property. This letter also references a meeting I held with Charles Hayes Jr. (Currituck Associates), Bob Hauser (Currituck Associates), Joe Lassiter (Quible and Associates) and Sean Boyle (Quible and Associates) on November 22, 2005 to discuss this violation and restoration alternatives. Information gathered by me for the Division of Coastal Management indicates that your actions as contractor for Charles Hayes Jr./Currituck Associates are 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 pursuant to the North Carolina General Statutes (N.C.G.S.) 113A-1 18. I have information that indicates you have undertaken or are legally responsible for placing an average of 2 feet of fill on 60-feet of the 75-foot Estuarine Shoreline AEC along 700 feet of shoreline on the aforementioned property. This activity took place in Estuarine Shorelines that are contiguous with the Currituck Sound. Estuarine Shorelines are designated as Areas of Environmental Concern (AEC). No 1367 U.S. 17 South, Elizabeth City, North Carolina 27909 Phone: 252-264-39011 FAX: 252-264-37231 Internet: www.necoastalmanagement.net An Equal Opportunity 1 Affirmative Action Employer— 50% Recycled 110% Post Consumer Paper r 'a Mr. Skip Partington December 1, 2005 Page 2 of 2 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 Act. I request that you immediately CEASE AND DESIST any further development and contact me about this matter. 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 $2,500. An injunction or criminal penalty may also be sought to enforce any violation in accordance with N.C,G.S. 11 3A-126. It is the policy of the Coastal Resources Commission to levy a civil assessment of at least $500 against all violations. This is done to recoup some of the costs of investigating the violation and/or to compensate the public for any damage to its natural resources. Whether a higher amount will be assessed will depend on several factors, including the nature and area of the resources that were affected and the extent of the damage to them. Based upon the North Carolina Administrative Code, Title 15A, Subchapter 7J.0409(f)(4)(F)(ii), the policy of the Coastal Resources Commission is to levy a civil assessment against contractors in addition to that assessed against the landowner. Therefore, since this is your second Notice of CAMA Violation in the same Area of Environmental Concern, you should expect a civil assessment to be levied against you. The relevant statutes and regulations are available from this office, and I am willing to assist you in complying with these requirements. A site inspection will be made in the immediate future to determine compliance with this REQUEST TO CEASE AND DESIST. I request that you contact me immediately about these important matters. Sincerely, hn Cece - GJ�CL Coastal Management Representative cc: Ted Tyndall, Assistant Director, NC Division of Coastal Management (DCM), Morehead City Ted Sampson, District Manager, DCM, Elizabeth City Roy Brownlow, Compliance Coordinator, DCM, Morehead City Gary Ferguson, Planning and Inspections Director, Currituck County Jon Hain, Local Permitting Officer, Currituck County . s�tl' F�►ert�r��,v— �.�� 1n�-r11K1� DCM ENFORCEMENT TRACKING REPORT-' �p j� Is uer 3y ram" Fie!d Rep. ) t71v %1%� C� - Violation Base No. B C D LPO T6AJ Ht�IYi% o LPJ C� Ile)C� /1/ 1 7 Violated Permit No. (1f appliwEle) . Violation Descriptio Was activity permittable7 es' No G�uMiY �Fb Initial Discovery Date 05 Discovery Method PlIffiC LL Flit yn Gdf1;o l721 Cfc ;� Violation Description � ' rn n. ri �. ySDO Y)qS G�F F1 CL �1d�N6 ^`7®D 141� L—S7 N _YFL4_� -��1dJe�L1N� Respondent Information Prior Vioya tions In same AEC: / No C„ase:Nutnber:<;; r' ; 0.1 Respondent Name(s) 5be W i I ram— I_TMNO)LL Cdfl )Xrlfy6- (Landowner/Agen roc Address 4-170 Y �e UIt 91M 1JUw_&K City h ly t/'/ State ML Zip 9 7f'lq Phone Fax # Email _ Violation Type: Project Type: Authorizations Required: Site Visits Respondent Site Visits Respondent' Present No Permit ❑ Private/Community M Major %-CAMA Present �S- ❑ ❑ ❑ Permit Condition ❑ Govt./Public ❑ Minor ❑ D&F L f❑ ❑ ❑ Expired Permit commercial ❑ General ❑ ❑ ❑ inconsistent wl Rules Violation Location and Site Description Rover File C ? R) TUC '\ Shoreline Length Project Location: County Street Address/ State Road/ Lot #(s) SAY: Not Sure ! sg No � wwr �J`�� Sandbags: Not Sure Yes -!S (� Subdivision Cl' �--C"'e PNA: Yes ORW; Yes ® ® Adjacent Adjacent 'q%r City C L--- ZIP Crit, Hab. Yes Phone# (—)—_ RiverBasin __PJJ'Sf�)//iiA/UIC Photos No ( � Y Ck- S�(� (�fman /unknl_ , Adj. Wtn Body) Waiver Required Ye Yes J , 0106 )VCII� W AID In DWQ Buffer Area Closest Maj. Wtr. Body Specify DWQ Buffer If applicable: = _ Restoration Extension Granted Yes No NOV Date CNOV Date Penalty Assessment Sent to Respondent Date Rcvd by DCM Date — Assessment Extended Yes Initial Req, Comp. Date 3 s Date Comp. Observed _—_—.-- 71.0409 Ref. Restoration Letter Acceptance Date Recomm. Assess. 1 DCM Assess, App./Permit Fee j C� l C L j S (Q ! ;$ { Penalty (L S I $ Willful/Intent.j$ No 1 I $ Continuing Other iS j5 Tnrnl c �it 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 / ® If yes, which types: CW EW PTA ® PTS OEA • HHF IH SA 1R TY SC S IF 4 SS SC P IF BF 04 PWS: FC: Other: Restoration Required by the Respondent 4003 Dimensions in excess I Dimensions to restore Final dimensions Actually restored mitt unauthorized activities I I allowed Habitat NOTES: Closing Payment Received S___..._._—__.-_-_Date._ _- Date Case.Closed 21-Dec-05 NC DIVISION OF COASTAL MANAGEMENT ENFORCEMENT RECORD CASE NUMBER LAST NAME CJ FIRST NAME BUSINESS NAME: 05.34A 1PARTINGTON ISKIP 1BARNHILL CONTRACTING CO. CASE IS CLOSED Previous Violations in Same ❑ NOV DATE CLOSURE DATE Elapsed Days gFFLILIATION SECTOR AEC for Similar Activities 12/1(2005 , 1 CONTRACTOR 1COMMERCIAL MAILING ADDRESS CITY STATE ZIP CODE PHONE NUMBER 14704 N. CROATAN HWY KITTY HAWK NC 27949- (252) 261-2207 PROPERTY ADDRESS COMMUNITY WATERBODY NEAREST ROAD HUM CLUB DR, CURRITUCK COROLLA CURRITUCK SOUND DISTRICT OFFICE COUNTY DCM REPRESENTATIVE LPO CONTACT ECDO CURRITUCK 'CECE I VIOLATION TYPE .AFFECTED-AEC(S) ❑ CW ❑ EW ❑ PTA 0"ES ❑ PTS 'MAJOR CAMA ❑ OEA ❑ HHFA ❑ IHA ❑ PWS ❑ NCRA. NATURE OF VIOLATION AEC DESCRIPTION major development by filling and grading within the ES AEC adjacent to rRESTORATION STATUS 11 RESTORATION NOT REQUIRED- CONTRACTOR ❑ RESTORATION NOT REQUIRED - PERMITTABLE DEVELOPMENT ❑ RESTORATION NOT REQUIRED -FURTHER IMPACTS ❑ RESTORATION PENDING PENAASSESSMENT DATE LTY STATUS ❑ PENALTY ISSUED RESTORATION REQUEST DATE COMPLETION DATE RESTORATION EXTENDED RESTORE DATE ❑ DEADLINE EXTENDED ❑ REFERRED TO AG'S OFFICE - INJUNCTION INJUNCTION REFER DATE: ❑ REFERRED TO AG'S OFFICE - COLLECTION COLLECTION REQUEST DATE: I J PENALTY AMOUNT COLLECTION DATE AMOUNT COLLECTED El PENALTY NOT ISSUED ❑ WILLFUL & INTENTIONAL PENALTY (MIN. OR DOUBLED) ❑ CNOV ISSUED CNOV DATE ❑ CONRACTOR'S FIRST OFFENSE ❑ PENALTY APPEALED APPEAL DATE ❑ FORMAL CPA ISSUED I FORMAL CPA DATE ❑ SETTLED. AGREED UPON, STIPULATED PENALTY I —SETTLEMENT DATE ❑ UNCOLLECTIBLE PENALTY F-UNCOLLECTIBLE DETERMINATION DATE Violations Involving Adversely Impacted Resources AMOUNT OF ADVERSELY DISTURBED AREA (SQ. FT.) AMOUNT OF RESTORED AREA (SQ. FT) NOTES 0--m- D5- 5"t',