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05-36A Rawden
LSB MTT A�RBw 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 June 5, 2006 FO ji<VE n j€a(j 1J jvC �'DJI ! - g 2006 Mr. Marcus Rawden 4 Gilbert Stuart Way Morehead City Marlton, NJ 08053 DCM RE: Payment of Proposed Penalty for Violations of the Coastal Area Management Act, Currituck County, CAMA Violation #05-36A Dear Mr. Rawden: This letter will acknowledge receipt of your Check #323 in the amount of $200, and dated 06/01/06. 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, Frank A. Jennings, III Coastal Management Representative FAJ/ybc cc -Ted Tyndall, Assistant Director, DCM, Morehead City Roy Brownlow, Compliance Coordinator, DCM, Morehead City John Cece, Coastal Management Rep., DCM, Elizabeth City 1367 U.S. 17 South, Elizabeth City, North Carolina 27909 Phone: 252-264-3901 1 FAX: 252.264-37231 Internet: www.ncooastalmanagement.net An Equal Opportunity 1 Affirmative Action Employer— 30% Recycled by Fiber Weight r Mr.iMarcus Rawden May 23, 2006 Page 3of3 CAMA VIOLATION #05.36A AGREEMENT TO PAY PROPOSED CIVIL ASSESSMENT 1V j`p, 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 $200.00 against me for violation of the. Coastal Area Management Act, NCGS 113A-100 et sec, committed on or near my property at Lot 45 Swan Road in Currituck 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 December 13, 2005, and agree to pay the proposed civil assessment of $200.00. DATE ADDRESS Cat- � N C^ a 75.2 TELEPHONE NUMBER DCM ENFORCEMENT TRACKING REPORT _ issutler p5- 3 Ca Field Rep. / u 14N C� Violation Base No. B C D LPO JP 11RI)ll a �O — 1 1 r'� ,�.I� Violated Permit No,v P _ini C'14YSY?il41C1�.. ISIVI/Jl__I_�_ (ifapplicable) . Violation Description Was activity permittable? Yes / initial Discovery Data 3CI CI Discovery Method SI'E tlj IT 70 i SS(JE �Xf I1f f�� iY117 Violation Description ;Gale;tyumDer! +.r?-',-y, Respondent Information Prior Violations in same AEC: Yes / - ... .. . RespondentName(s) `�"RCAS IR14WD�N ^y�^W^nAgentlCcntractor). Address fix l�l)�'� City Eves#922 State /(/� Zip ��©✓Cj _ /; Phone # y0 y— r qq q - Fax # Email Violation Type: Project Type: Authorizations Required: Site Visits Respondent Site Visits . PresentPresent R spondent' ❑ No Permit M-Private/Community ❑ Major CAMA ) ❑ �L� ❑ Permit Condition ❑ Govt.IPublic ❑Minor D&F ❑ ❑ ❑ Expired Permit ❑ commercial General ❑ ❑ ❑ inconsistent wl Rules Violation Location and Site Description Rover File C ��� 17 .•. Project Location: County C ai I TUC )C Shoreline Length Street Address/ Stat�e�Road/ Lot #(s) LOT - pis S;g)2)1) )SOAP Subdivisions — -- City ZIP Phone # (r 1 �4) qO.�q River Basin- Adj. Wtr. Body CAW 20 FVMS-J L � t1t�a'Dluakal— Closest Maj. Wtn Body �Gn 1�P t °� k S�1ji9117j% SAM Not Sure Yes No Sandbags: Not Sure Yes No pNA: Yes No Adjacent ORW: Yes No Adjacent Crit. Hab. Yes No Photos Yes No . Waiver Required Yes No In DWQ Buffer Area Yes No Specify DWQ Buffer If applicable: Restoration 1 % OS Initial Req. Comp. Date �� NOV Date CNOV Date - _ Date Comp. Observed 71.0409 Ref. Penalty Assessment _ ! App.IPermit Fee Sent to Respondent Date -- / S Penalty t Rcvd by DCM Date --- t----- Willful/Intent. Assessment Extended Yes ------- Continuing Other Extension Granted Yes Restoration Letter / i Acceptance Date S z 3 / 4 i Recomm. Assess. i DCM Assess. Total Formal Assessments, Appeals and Reductions Date Long Form Submitted Date Formal CPA Submitted Final Assessment Assessment Appealed Yes No ❑ Penalty modified Attorney General's Office for Injunction or Formal Collection Date sent to AG. ❑ 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 16) If yes, which types: CW PTS SA DS Cl SY • JR LS TY, OEA HHF IH Ss SC SP IF BF 404 PWS: FC: Restoration Required by the Respondent es No Dimensions in excess of permit/ unauthorized activities Dimensions to restore Final dimensions allowed Actually restored Development Activities '-1�2 S ORS L 1 C S X 14Xa_ 5 sELI = Habitat Description NOTES: Closing Payment Received S_--.-----Date_ L /2.._/ � Date Case Closed /f/ 14-Jun-06 NC DIVISION OF COASTAL MANAGEMENT ENFORCEMENT RECORD CASE STATUS CASE NUMBER LAST NAME FIRST NAME BUSINESS NAME: C_ CASE IS OPEN 0 0736A IRAWDEN MAR CUS (4) CASE IS CLOSED Previous Violations in Same NOV DATE CLOSURE DATE Elapsed Days gpFLILIATION SECTOR AEC for Similar Activities 1 I PROPERTY OWNER PRIVATE MAILING ADDRESS CITY STATE ZIP CODE PHONE NUMBER 4 GILBERT STUART FWAY EVESHAM NJ 08053- (856)404-8944 PROPERTY ADDRESS COMMUNITY WATERBODY NEAREST ROAD LOT 45 SWAN ROAD COROLLA ICURRITUCK SOUND DISTRICT OFFICE COUNTY DCM REPRESENTATIVE LPO CONTACT ECDO CURRITUCK ICECE VIOLATION TYPE AFFECTED AEC(S) ❑ CW ©EW ®PTA ©ES ❑ PTS MAJOR CAMA plus DREDGE AND FILL ❑ OEA ❑ HHFA ❑ IHA ❑ PINS ❑ NCRA NATURE OF VIOLATION AEC DESCRIPTION authorized major development and violation of the State's dredge & fill law by not placing the dredged spoils in approved location and allowing dredge spoils to re-enter the canal within the ES, EW, PTA AECs adjacent to the rrituck Sound. ,RESTORATION STATUS RESTORATION REQUIRED RESTORATION NOT REQUIRED - CONTRACTOR RESTORATION NOT REQUIRED - PERMITTABLE DEVELOPMENT ❑ RESTORATION NOT REQUIRED- FURTHER IMPACTS ❑ RESTORATION PENDING RESTORATION REQUEST DATE COMPLETION DATE 12/30/2005 F 3/16/2006 RESTORATION EXTENDED RESTORE DATE ❑ DEADLINE EXTENDED ❑ REFERRED TO AO'S OFFICE - INJUNCTION INJUNCTION REFER DATE: F` ❑ REFERRED TO AG'S OFFICE - COLLECTION COLLECTION REQUEST DATE: I PENALTY STATUS ASSESSMENT DATE PENALTY AMOUNT COLLECTION DATE AMOUNT COLLECTED 5/2312006 1 $200 6/5/2006 F $200 PENALTY ISSUED ❑ WILLFUL &INTENTIONAL PENALTY (MIN. OR DOUBLED) El PENALTY NOT ISSUED ❑ CNOV ISSUED rCNOV DATE ❑ CONRACTOR'S FIRST OFFENSE ❑ PENALTY APPEALED F-APPEAL DATE ❑ FORMAL CPA ISSUED r-FORMAL CPA DATE ❑ SETTLED. AGREED UPON, STIPULATED PENALTY SETTLEMENT DATE ❑ UNCOLLECTIBLE PENALTY I -UNCOLLECTIBLE DETERMINATION DATE Violations Involving Adversely Impacted Resources AMOUNT OF ADVERSELY DISTURBED AREA (SQ. FT.) 250 AMOUNT OF RESTORED AREA (SQ. FT) 250 NOTES see case no.05-39A Morris, Bill - Contractor for Rawden. ,v AMA >r NCDENR North Carolina Department of Environment and Natural Resources Division of Coastal Management Michael F. Easley, Governor Charles S. Jones, Director V tWRIP G. Ross Jr., 2 s 2006 May 23, 2006 MQFQhsad City DCM Mr. Marcus Rawden 4 Gilbert Stuart Lane Evesham, NJ 08053 RE: RESTORATION ACCEPTANCE - CAMA VIOLATION #05.36A Dear Mr. Rawden: This letter is in reference to the Notice of Violation # 05-36A sent to you dated December 13, 2005 for dredge spoils entering a canal within the Estuarine Shoreline, Estuarine Waters, and Public Trust Water in or near the Currituck Sound. The violation took place on your property located at Lot 45 Swan Road in or near the community of Carova in Currituck County, North Carolina. This unauthorized activity constituted development and you were requested to remove the 6-12 inches of spoil material placed within five feet of the canal's normal water level (NWL) along 50 feet of the western boundary of your property and install approximately 100 feet of silt fence along the NWL to prevent the further erosion of material into the canal. In accordance with the North Carolina Administrative Code, Title 15A, Subchapter 7J.0410, any violation involving development which is inconsistent with guidelines for development within 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 16, 2006 to inspect the restoration of the unauthorized activity addressed in the Notice of Violation 05-36A. Based on this inspection, it appears the restoration is 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. Sincer John ce Coastal Management Representative Ted Tyndall sistant Director, NC Division of Coastal Management (DCM), Morehead City istrict Manager, DCM, Elizabeth City Roy Brownlow, pllance Coordinator, DCM, Morehead 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% Post Consumer Fiber Paper a- ( 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 I �v MAY 2. 6 2006 CERTIFIED MAIL RETURN RECEIPT REQUESTED Morehead CIty DCM Mr. Marcus Rawden 4 Gilbert Stuart Lane Evesham,NJ 08053 RE: CAMA VIOLATION #05-36A Dear Mr. Rawden: May 23, 2006 This letter is in reference to the Notice of Violation dated December 13, 2005 that Mr. John Cece, representative for the Division of Coastal Management, issued to you for dredge spoils entering a canal adjacent to Lot 45 Swan Road in Currituck County. The violation involved Estuarine Shoreline, Estuarine Waters, and Public Trust Waters, which are Areas of Environmental Concern designated by the Coastal Resources Commission. Based upon the site visit conducted on March 16, 2006 by Mr. Cece, the restoration requested appears to be 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 Resources Commission, a proposed civil penalty in the amount of $200.00 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 Proposed Civil Assessment;' (2) attach a check or money order for $200.00 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 \ FAX: 252-264-3723 \ Internet: www.nccoastalmanagement.net An Equal opportunity 1 Affirmative Action Employer — 30% Post Consumer Fiber Paper Mr. Marcus Rawden May 23, 2006 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 (DCM) 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, iled Sampson District Manager Northeast District TS/yc Enclosure: Agreement to Pay Proposed Civil Assessment cc: Ted Tyndall, Assi ant Director, NC Division of Coastal Management (DCM), Morehead City rant Coordinator, DCM, Morehead City John Cece, DCM, Elizabeth City Mr. Marcus Rawden } May 23, 2006 .,.:f Page 3 of 3 CAMA VIOLATION #05.36A 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 $200.00 against me for violation of the Coastal Area Management Act, NCGS 113A-100 et seMc , committed on or near my property at Lot45 Swan Road in Currituck 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 December 13, 2005, and agree to pay the proposed civil assessment of $200.00. DATE SIGNATURE ADDRESS TELEPHONE NUMBER :i <:'( �• '' ;9 :� ©� 4LSB TB NCDENR t„(MTT ° L North Carolina Department of Environment and NaLui Division of Coastal Management Michael F. Easley, Governor Charles S. Jones, Director William G. Ross Jr., Secretary NOT D CERTIFIED MAIL RETURN RECEIPT REQUESTED Mr. Marcus Rawden 4 Gilbert Stuart Way Evesham, N7 08053 RE: NOTICE OF VIOLATION AND REQUEST TO CEASE UNAUTHORIZED DEVELOPMENT CAMA VIOLATION #05.36A Dear Mr. Rawden: This letter confirms that on November 30, 2005, Dennis Hawthorn (Coastal Area Permit Assistance) and I were onsite at your property located on Lot 45 Swan Road adjacent to a canal connected to the Currituck Sound located in or near Carova, in Cumituck County, North Carolina. The purpose of the visit was to investigate unauthorized dredging activities within the canal connecting to the Cumituck Sound. 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 dredge spoils re- entering a canal along approximately 50 feet of shoreline on the aforementioned property. This activity took place in Estuarine Shoreline, Estuarine Waters, and Public Trust Areas that are contiguous with the Cumituck Sound. Estuarine Shoreline, Estuarine Waters, and Public Trust Areas are designated as Areas of Environmental Concern (AEC). Although General Permit 42136A was issued to you for dredging activities in this area, the conditions of the permit specifically prohibit allowing excavated material from re- entering adjacent water bodies. 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 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). 1367 U.S.17 South, Elizabeth City, North Carolina 27909 Phone: 252-264-3901 \ FAX: 252-264-3723 \ Internet: www.nccoastalmanagement.net An Equal opportunity \ Affirmative Action Employer- 50% Recycled \ 10% Post Consumer Paper Mr. Marcus Rawden December 13, 2005 Page 2 OXY It is the policy of the Coastal Resources Commission to levy a civil assessment of at least $200, 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, unauthorized dredging activities within a canal connecting to the Currituck Sound in the Estuarine Shoreline, Estuarine Waters, and Public Trust Areas AEC(s), is not consistent with Section 15 NCAC 07H.1505(6), which requires "all spoil material must be stabilized or retained so as to prevent any excavated material from re-entering the surrounding waters, marsh, or other wetlands." Therefore, I am requesting that you remove the 6-12 inches of spoil material placed within five feet of the canal's normal water level (NWL) along 50 feet of the western boundary of your property and that you install approximately 100 feet of silt fence along the NWL to prevent the further erosion of material into the canal. Please refer to the enclosed Restoration Plan. Please note that Mr. Bill Morris of GRAYCO sent me an email with digital photographs showing that he appears to have already completed the required restoration. I will conduct a site visit as soon as possible to confirm the.restoration has been successfully completed. 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. FaHure 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 these requirements. A site inspection will be made in the near future to determine compliance with this REQUEST TO CEASE AND DESIST. I request that you contact me immediately. 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's rules. Sincerely, I Joh Cece "�l Coastal Management Representative Mr. Marcus Rawden December 13, 2005 Page 3 ofXIf' cc: rTed 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 Randy Joyner, Local Permitting Officer, Currituck County ENCLOSURE: Restoration Plan Mr. Marcus Rawden December 13, 2005 Page 4 of 4 +� NUT TD 5;C)qLE� RESTORATION PLAN For Mr. Marcus Rawden Property CAMA Violation No. 05-36A Property located at Lot 45, Swan Road, Currituck County C)a N P-L Rl�rnomF G _i/ spoil- UfIT" JA) 5' OF NWL. NWL M5tW_ 100' SIL% ' 1 P1� R�GID�7y P1;�P��'f PfL I, Marcus Rawden, agree to remove the 6-12 inches of spoil material placed within five feet of the canal's normal water level (NWL) along 50 feet of the western boundary of your property and install approximately 100 feet of silt fence along the NWL. I agree to complete this restoration to the satisfaction of the Division of Coastal Management (DCM) by December 30, 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 civil assessment of at least $200, or 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 ,7 1 _ issuer 0 S— r/ Field Rep. n CeC� 'fit Violation Base No. B C D LPO Jya Raw E3 roP g?1.36A Violated Permit No. LPJ C &1-W--k calw7l— (if applicable) . Was activity permittabie7 Yes / Violation Description T r►14t=?2 Lonna - Initial Discovery Date 3� 5 Discovery Method tll S O%� �� �) SSG%F SIT Violation Description Violations in same AEG: Yes r RespondentName(s) frl'trnlw Address q r14: r �741 i i"t7'— Umj 9 City LT ESQ Stare Nj zip O�d�S3 Email Violation Type: Project Type:. Authorizations Required: Site Visits Respondent Site Visits Respondent Present Present [] No Permit Private/Community ❑ Major CAMA !/) . Q ❑ ❑ Permit Condition ❑ Govt.IPublic ❑ Minor D&F ❑ ❑ ❑ Expired Permit ❑ Commercial General ❑ ❑ ❑ Inconsistent wl Rules Violation Location and Site Description- Rover File ©�� U �7% ••• 1 K Project Location: County C �! )S)4 TUC Shoreline Length Street Address/ State Road/ Lot #(s) LO r !is Sci I(11U �l� Subdivision ---- City zIP__ Phone # ( . yB y River Basin - Cn &--�Y — Adj. Wtn Bodyc m&—t lrrJCTTS 1 L 0 oaw— Closest Maj. Wtr. Body --L iiwr ll� M11 Restoration NOV Date CNOV Date - Penalty Assessment Sent to Respondent Date Rcvd by DCM Date — Assessment Extended Yes SAM Not Sure Yes No Sandbags: Not Sure Yes No PNA: Yes No Adjacent ORW: Yes No Adjacent Crit. Hab, Yg No Photos Yes No Waiver Required Yes No In DWQ Buffer Area Yes No Specify DWQ Buffer If applicable: — Initial Req. Comp. Date / 3D 037 Date Comp. Observed __—.-- { App,/Permit Fee Penalty No WillfuVlntent. I Continuing 1 Other 1.0409 Ref. Extension Granted Yes No Restoration Letter Acceptance Date Recomm. Assess. 1 DCM Assess. Total Formal Assessments, Appeals and Reductions Date Long Form Submitted Assessment Appealed Yes No Date Formal CPA Submitted ❑ Penaltymodified 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 If yes, which types: CW ( ® ® PTS OEA • HHF IH SA ALS TY, SC S IF 40 SS SC P IF BF 404 PWS FC: Restoration Required by the Respondent es No Dimensions in excess of permit/ unauthorized activities Dimensions to restore Final dimensions allowed Actually restored Development Activities -1 a S ©lam P1 l C N Sx X 1 a ? s c� Habitat Description NOTES: Closing Payment Received S___..._._—___.__Date._ _—_ Date Case Closed DCM ENFORCEMENT TRACKING REPORT p�- .Field Rep. JV 1 C 5 la uer Violation Base No. B C D LPo JTII� N1i11 �P �!'al3/ f} Violated Permit No. LPL14ii1�CiC C/710�1/7 (I(appliwEe) Was activity permittable? Yes Violation Description �% �i�)SSG%E Initial Discovery Date 3� Discovery Method Ltz ✓jI17 �Xt21PC� (�� rY/JT Violation Description Respondent Information Prior Violations in same A es andAgenUContractor), Respondent Name(s) rn#��Ci1St')4GfI��Ay 7 Address — S 1t r WAY City N_l9YbJ State �/� Zip Phone #_-7L—S��� Fax# Email Violation Type: Project Type: Authorizations Required: Site Visits Respondent Site Visits Present Respondent' Present ❑ No Permit Private/Community ❑ Major CAMA �Q ❑ ❑ Permit condition ❑ Govt.IPublic ❑ Minor LIN D&F General ❑ ❑ ❑ Expired Permit ❑Commercial ❑ ❑ j—f Inconsistent wl Rules Violation Location and Site Description Rover File c o6i6i 17.9 Project Location: County C TUC Shoreline Length Street Address/ State Road/ Lot #(s) LO 1- !VS SL`--CIUA) ) S r/U'�Yil Yid �Y� Subdivision.- cPv' ✓ ----- City---�— -- Phone # (Y1JlT. WQ� River Basin — Adj. Wtr. Body L - t-1-S—�o a n�ol— Closest Maj. Wtr. Body C11J' IyoflI S INY) Restoration NOV Date CNOV Date --.- Penalty Assessment Sent to Respondent Date _ Rcvd by DCM Date -- Assessment Extended Yes No SAV: Not Sure Yes No Sandbags: Not Sure Yes No pNA: Yes No Adjacent ORW: Yes No Adjacent Crit. Hab. Yes No Photos Yes No Waiver Required Yes No In DWQ Buffer Area Yes No Specify DWQ Buffer If applicable Initial Req, Comp. Date 1 3Lis Date Comp. Observed 7J.0409 Ref. Extension Granted Yes No Restoration Letter Acceptance Date Recomm. Assess. i; DCM Assess. App.IPermitFee1r)) Penalty s ("aL(' $ ��— $ g —�_ Willful/Intent. --- --- g $ Continuing —_ Other $ $ --- Total 0--- 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, ❑ 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 © © PTS IDEA' HHF IH SA Cl 1R LS TY. SC ' SS SC SP IF IF BF 404 PWS: FC: Restoration Required by the Respondent es No Dimensions In excess or permit/ unauthorized activities Dimensions to restore Final dimensions allowed Actually restored Development Activities @�5 Z 1 l 5 1 Habitat Description NOTES: Closing Payment Received $___....__—_—_.—.--_Date_ _-- Date Case Closed 20-Dec-05 NC DIVISION OF COASTAL MANAGEMENT ENFORCEMENT RECORD s CASE NUMBER LAST NAME O FIRST NAME BUSINESS NAME: 05736A IRAWDEN MARCUS O CASE IS CLOSED j' Previous Violations in Same ❑ AEC for Similar Activities NOV DATE CLOSURE DATE Elapsed Days AFFLILIATION SECTOR 12/13/2005 � r— PROPERTY OWNER JPRIVATE MAILING ADDRESS CITY STATE ZIP CODE PHONE NUMBER 4 GILBERT STUART WAY 1EVESHAM NJ 08053- (856) 404-8944 PROPERTY ADDRESS COMMUNITY WATERBODY NEAREST ROAD LOT 45 SWAN ROAD JCAROVA ICURRITUCK SOUND IJ DISTRICT OFFICE COUNTY DCM REPRESENTATIVE LPO CONTACT ECDO ICURRITUCK 16ECE-- VIOLATION TYPE AFFECfrO AEC(Sj:. ❑ CW ©EW ©PTA © ES ❑ PTS MAJOR CAMA plus DREDGE AND FILL ❑ OEA ❑ HHFA ❑ IHA ❑ PWS ❑ NCRA NATURE OF VIOLATION AEC DESCRIPTION nauthorized major development and violation of the State's dredge & fill law by not placing the dredged spoils in n approved location and allowing dredge spoils to re-enter the canal within the ES, EW, PTA AECs adjacent to the urrituck Sound. RESTORATION STATUS. - - RESTORATION REQUEST DATE COMPLETION DATE 12/30/2005 I RESTORATION NOT REQUIRED- CONTRACTOR RESTORATION EXTENDED RESTORE DATE I I RESTORATION NOT REQUIRED ❑ DEADLINE - PERMITTABLE DEVELOPMENT EXTENDED ❑ RESTORATION NOT REQUIRED - FURTHER IMPACTS ❑ REFERRED TO AG'S OFFICE - INJUNCTION ❑; RESTORATION PENDING INJUNCTION REFER DATE: I— ❑ REFERRED TO AG'S OFFICE - COLLECTION COLLECTION REQUEST DATE: I PENALT US ASSESSMENT DATE PENALTY AMOUNT COLLECTION DATE AMOUNT COLLECTED I I I I ❑ PENALTYISISSUED ❑ WILLFUL & INTENTIONAL PENALTY (MIN OR DOUBLED) ❑ PENALTY NOT ISSUED ❑ CNOV ISSUED CNOV DATE ❑ CONRACTOR'S FIRST OFFENSE ❑ PENALTYAPPEALED 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 (SO. FT.) 1 250 AMOUNT OF RESTORED AREA (SQ. FT) NOTES see case no.05-39A Morris, Bill - Contractor for Rawden. 31-May-06 NC DIVISION OF COASTAL MANAGEMENT ENFORCEMENT RECORD CASE .STATUS "" CASENUMBER LASTNAME FIRST NAME BUSINESS NAME: 0- 05-36A IRAWDEN MARCUS 0 CASEISCLOSED I Previous Violations in Same ❑ NOV DATE CLOSURE DATE Elapsed Days AFFLILIATION SECTOR AEC for Similar Activities 12/13/2005 � 1 gg 1PROPERTY OWNER 1PRIVATE MAILING ADDRESS CITY STATE ZIP CODE PHONE NUMBER 4 GILBERT STUART WAY EVESHAM NJ 08053- (856)404-8944 PROPERTY ADDRESS COMMUNITY WATERBODY NEAREST ROAD LOT 45 SWAN ROAD COROLLA ICURRITUCK SOUND F— DISTRICT OFFICE COUNTY DCM REPRESENTATIVE LPO CONTACT ECDO ICURRITUCK ICECE F— VIOLATION TYPE AFFECTED AEC(S): ❑ CW F$1 EW © PTA ®ES ❑ PTS MAJOR CAMA plus DREDGE AND FILL ❑ OEA ❑ HHFA ❑ IHA ❑ PWS ❑ NCRA NATURE OF VIOLATION AEC DESCRIPTION autnorized major development and violation of the State's dredge & fill law by not placing the dredged spoils in approved location and allowing dredge spoils to re-enter the canal within the ES, EW, PTA AECs adjacent to the 'rituck Sound. rRESTORATION STATUS ❑ RESTORATION NOT REQUIRED- CONTRACTOR ❑ RESTORATION NOT REQUIRED - PERMITTABLE DEVELOPMENT ❑ RESTORATION NOT REQUIRED - FURTHER IMPACTS ❑ RESTORATION PENDING RESTORATION REQUEST DATE COMPLETION DATE 12/30/2005 3/16/2006 ❑ RESTORATION EXTENDED RESTORE DATE DEADLINE EXTENDED ❑ REFERRED TO AG'S OFFICE - INJUNCTION INJUNCTION REFER DATE: I ❑ REFERRED TO AG'S OFFICE - COLLECTION COLLECTION REQUEST DATE: I ASSESSMENT DATE PENALTYAMOUNT rC-OLLLLEEC-TION�DATE AMOUNTCOLLECTED PENALTY STA'NS 1 5/23/2006 $200 1 1 © PENALTYISSUED ❑ WILLFUL 8 INTENTIONAL PENALTY (MIN. OR DOUBLED) ❑ PENALTY NOT ISSUED ❑CNOV ISSUED �CNOV DATE ElPENALT CONRACTOR'S FIRST OFFENSE PENALTY APPEALED APPEAL DATE ❑ FORMAL CPA ISSUED FORMAL CPA DATE ❑ SETTLED. AGREED UPON. STIPULATED PENALTY SETTLEMENT DATE ❑ UNCOLLECTIBLE PENALTY F—UNCOLLECTIBLE DETERMINATION DATE Violations Involving Adversely Impacted Resources AMOUNT OF ADVERSELY DISTURBED AREA (SO. FT.) 250 AMOUNT OF RESTORED AREA (SO. FT) 250 NOTES see case no.Uo-69A Morns, bill - Contractor for Rawden.