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HomeMy WebLinkAbout05-10A Woodson5 tSB RB Li TB �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 November 4, 2005 Mr. Gary Woodson 124 Shore Drive Jarvisburg, NC 27947 tL� - I NOV 0 3 20u5 Morehead RE: Payment of Proposed Penalty for Violations of the Coastal Area Management Act, Currituck County, C"A Violation #05-10A Dear Mr. Woodson: This letter will acknowledge receipt of your Check #1169 in the amount of $350, and dated 11/02/05. 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, rSamped Sm er TS:yc ccETed 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: 252-264-3901 1 FAX: 252-264-37231 Internet: www.nocoastalmanagement.net An Equal Opportunity 1 Affirmative Action Employer - 30% Recycled by Fiber Weight Ll Mr. Gary Woodson October 31, 2005 Page 3 of 3 )VIO CAMA VIOLATION #05.10A 0gsr `y ?00< AGREEMENT TO PAY PROPOSED CIVIL ASSESSMENT P<i qNq ✓ `ri7 c F't+F � NT 1 understand that the staff of the Department of Environment and Natural Resources will propose the assessment of a civil penalty in the amount of $350 against me for violation of the Coastal Area Management Act, NCGS 113A-100 et sec, committed on or near my property at 124 Shore Drive, 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 April 26, 2005, and agree to pay the proposed civil assessment of $350. if `.Z-07� DATE SIGNATU I a 4 514614e Dnye'/ ADDRESS �a ry i S low rl G ,51d. -4q 1 -42�s3 TELEPHONE NUMBER NCDENR North Carolina Department of Environment and Natural Division of Coastal Management Michael F. Easley, Governor Charles S. Jones, Director October31, 2005 CERTIFIED MAIL RETURN RECEIPT REQUESTED SB TB N RB Mr. Gary Woodson MTT 124 Shore Drive Jarvisburg, NC 27947 RE: CAMA VIOLATION #05-10A Dear Mr. Woodson: Resources William G. Ross Jr., Secretary This letter is in reference to the Notice of Violation dated April 26, 2005 that Mr. Frank Jennings, representative for the Division of Coastal Management, issued to you for the unauthorized filling of Section 404 Wetlands at 124 Shore Drive, Currituck County. The violation involved the Estuarine Shoreline, which is an Area Environmental Concern designated by the Coastal Resources Commission. Based upon Mr. Jennings' correspondence dated October 28, 2005, the documentation 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 $350 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 $350 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: 252-264-3901 \ FAX: 252-264-3723 \ Internet: www.nccoastaimanagement.net An Equal Opportunity \ Affirmative Action Employer - 50% Recycled \ 10% Post consumer Paper Mr. Gary Woodson October31, 2005 Page 2 of 3 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, ed Samps 7 District Manager TS:yc Enclosures cc: C-Ted Tyndall, Assistant Director, DCM, Morehead City Roy Brownlow, Compliance Coordinator, DCM, Morehead City Frank Jennings, Coastal Management Representative, DCM, Elizabeth City Mr. Gary Woodson October 31, 2005 Page 3 of 3 r i CAMA VIOLATION #05.10A 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 $350 against me for violation of the Coastal Area Management Act, NCGS 113A-100 et seg, committed on or near my property at 124 Shore Drive, 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 April 26, 2005, and agree to pay the proposed civil assessment of $350. DATE SIGNATURE ADDRESS TELEPHONE NUMBER 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 October 28, 2005 Mr. Gary Woodson 124 Shore Drive Jarvisburg, NC 27947 RE: CAMA VIOLATION #05.10A Dear Mr. Woodson: This letter confirms that I have received a copy of NCDWQ Permit #20051724 authorizing you for fill of 1,046 square feet of wetlands on your property located at 124 Shore Drive, Jarvisburg, in Currituck County. I have also received certified mail receipts for notification of your project, sent to your adjacent riparian property owners. This fulfills my request to you for information needed in order to make a determination of consistency of your unauthorized fill activity which is described in my April 26, 2005 Notice of Violation letter. 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. Sincerely, Frank A. Jenni grf s, 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 1367 U.S. 17 South, Elizabeth City, North Carolina 27909 Phone: 252-264-3901 1 FAX: 252-264-37231 Internet: www.nccoastalmanagement.net An Equal Opportunity 1 Affirmative Action Employer - 30% Recycled by Fiber Weight #bl-S'B WRB ©TB ' A 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 October 11, 2005 Mr. Gary Woodson 124 Shore Drive Jarvisburg, NC 27947 RE: RESTORATION DEADLINE EXTENSION CAMA VIOLATION CASE NO. #05-10A Dear Mr. Woodson: J This letter confirms receipt of your October 3, 2005 letter in reference to the October 9, 2005 time limit for obtaining authorization from the North Carolina Division of Water Quality and the US Army Corps of Engineers for wetland fill that you are legally responsible for within the Estuarine Shoreline adjacent to the Albemarle Sound at your property located at 124 Shore Drive, Jarvisburg, in Currituck County, North Carolina. Notice of Violation case number 05- 10A was issued to you on April 26, 2005 for the unauthorized work and requested restoration. Based on your letter and the circumstances surrounding this case, your request to extend the restoration time limit is approved in order to allow you additional time to comply with the requested restoration. The restoration time limit is extended to November 10, 2005. Please note that this extension is for a thirty (30) day period. The requested information must be performed to the satisfaction of the Division of Coastal Management by the date indicated or provide an explanation for non-compliance and a reasonable request for a time extension. Thank you for your cooperation in resolving this important matter. If you have any questions about this or related matters, please call me at 252-264-3901. Sincerely, Frank A. Jenning lilIr Coastal Management Representative FAJ:ybc cc: Ted Tyndall, Assistant Director, DCM, Morehead City Ted Sampson, District Manager, DCM, Elizabeth City Roy Brownlow, Compliance Coordinator, Morehead City 1367 U.S.17 South, Elizabeth City, North Carolina 27909 Phone: 252.264.39011FAX: 252-264-37231Internet: www.nocoastalmanagement.net An Equal Opportunity 1 Affirmative Action Employer- 30% Recycled by Fiber Weight LSB I&RB TB -FRB MTT NCDENR North Carolina Department of Environment and Natural Resources Division of Coastal Management Michael F. Easley, Governor Charles S. Jones, Director September 9, 2005 CERTIFIED MAIL RETURN RECEIPT REQUESTED Mr, Gary Woodson 124 Shore Drive Jarvisburg, NC 27947 RE: CAMA VIOLATION #05-10A Dear Mr. Woodson: William G. Ross Jr., Secretary This letter confirms that I have received a copy of USACOE Permit #200511830 authorizing a Nationwide Permit Number 18 to you for fill of 1,046 square feet of wetlands on your property located at 124 Shore Drive, Jarvisburg, in Currituck County. This document is part of the information I have requested from you to determine the consistency of your unauthorized fill activity which is described in my April 26, 2005 Notice of Violation letter. The following information and documentation is still needed to be provided to this office in order to determine if your unauthorized fill activity is consistent with the North Carolina Administrative Code Tide 15A, 7H, State Guidelines for Areas of Environmental Concern (AEC): 1) Documentation from the NC Division of Water Quality (DWQ) stating that they have no objection to the filling of 460 square feet of Section 404 Wetlands that occurred at 124 Shore Drive, Jarvisburg, NC. 2) You must be able to provide confirmation that a written statement has been obtained, signed by the adjacent riparian property owners, indicating that they have no objection to the completed work; or you may provide confirmation that adjacent riparian property owners have been notified by certified mail of the completed work. This notice shall instruct adjacent property owners to provide any comments on the completed development in writing to this Division within ten (10) days of receipt of the notice and shall indicate that no response from them will be interpreted as not having any objection. 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 Mr. Gary Woodson NOV #05-10A September 9, 2005 Page 2 If you are not able to provide this information within 30 days of receipt of this letter, then it will be determined that your unauthorized fill activity is inconsistent with State rules and guidelines and full restoration of the site will be requested. If you have any questions, please contact me at 252-264-3901. Sincerely, Frank A. Jennings, I I Coastal Management Representative FAJlybc cc: Ted Sampson, District Manager, DCM, Elizabeth City Roy Brownlow, Compliance Coordinator, DCM, Morehead City 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 April 26, 2005 CERTIFIED MAIL RETURN RECEIPT REQUESTED Mr. Gary Woodson 124 Shore Drive Jarvisburg, NC 27947 RE,NOTICE OF VIOLATION AND REQUEST TO CEASE UNAUTHORIZED DEVELOPMENT CAMA VIOLATION #05.10A Dear Mr. Woodson: This letter confirms that on April 12, 2005, William Wescott of the US Army Corps of Engineers (USACOE) and John Cece, Field Representative for the Division of Coastal Management (DCM), and I met with you onsite at your property located at 124 Shore Drive adjacent to the Albemarle Sound located in or near Jarvisburg, off US 158, Currituck County, North Carolina. The purpose of the visit was to investigate unauthorized filling of 460 square feet of Section 404 Wetlands located within the Estuarine Shoreline. 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. Information I have indicates that you have undertaken or are legally responsible for the filling of 460 square feet of Section 404 Wetlands on the aforementioned property. This activity took place in the Estuarine Shoreline (ES) that is contiguous with the Albemarle Sound, The ES area is designated as an Area of Environmental Concern (AEC). No CAMA permit was issued to you for work in this area. Based on these findings, I am initiating an enforcement action by issuing this Notice of Violation for violation of the Coastal Area Management Act and the State's Dredge and Fill Law. I request that you immediately CEASE AND DESIST any further unauthorized development within designated Area of Environmental Concern. Based upon the North Carolina Administrative Code, Title 15A, Subchapter 07H, State Guidelines for Areas of Environmental Concern, if the activity you have undertaken, unauthorized filling of Section 404 Wetlands located within the ES AEC, is not consistent with Section ,0209, and cannot be authorized by the USACOE, you will be required to restore all affected areas to their conditions prior to the unauthorized development activity. 1367 U.S.17 South, Elizabeth City, North Carolina 27909 Phone: 252-264-39011 FAX: 252-264-37231 Internet: www.n000astalmanagement.net An Equal Opportunity 1 Affirmative Action Employer —30% Recycled by Fiber Weight Mr. Gary Woodson NOV #05-10A April 26, 2005 Page 2 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 in accordance with 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. 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. In order to determine if the aforementioned development activity may have been permitted via the CAMA Permit process and to determine if the activity is consistent with the North Carolina Administrative Code, Title 15A, 7H. State Guidelines for Areas of Environmental Concern; I am requesting that you provide me with the following: 1) Documentation from the USACOE and NC Division of Water Quality (DWQ) stating that they have no objection to the filling of 460 square feet of Section 404 Wetlands that occurred at 124 Shore Drive, Jarvisburg, NC. The contact person is William Wescott, USACOE, and Tom Stephens, NC DWQ. 2) You must be able to provide confirmation that a written statement has been obtained, signed by the adjacent riparian property owners, indicating that they have no objection to the completed work; or you may provide confirmation that adjacent riparian property owners have been notified by certified mail of the completed work. This notice shall instruct adjacent property owners to provide any comments on the completed development in writing to this Division within ten (10) days of receipt of the notice and shall indicate that no response from them will be interpreted as not having any objection. 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 immediate future to determine whether this REQUEST TO CEASE AND DESIST has been complied with. I request that you contact me immediately. Mr. Gary Woodson NOV #05-10A April 26, 2005 Page 3 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. Pending your submission of the requested documentation and proof of notification to the adjacent riparian property owners, you will be notified as to the amount of a civil assessment for undertaking development without first obtaining the proper permit(s). Sincerely, 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 William Wescott, USACOE, Washington Tom Stephens, NC DWQ, Washington DCM ENFORCEMENT TRACKING REPORT Issuer Fie!d Rep. � AZ Lll r✓cS — Violation Base No. A B C D LPO Violated Permit No. LPJ (ifapplicable) Violation Description Was activity permittable? es No Initial Discovery Date Violation Respondent Name(s) Address f a -I Phone # 44� / g Discovery Method Violations in same AEC: Yes / No City Fax # State /J �- Zip a ? 5 4 Email Violation Type: Project Type: Authorizations Required: Site Visits Respondent ' Site Visits R s esentnt No Permit Er Private/Community Major �CAMA Present ❑ ❑ Permit Condition ❑ Govt./Public ❑ Minor ❑ D&F ❑ ❑ ❑ Expired Permit ❑ Commercial ❑ General ❑ ❑ ❑ Inconsistent wl Rules Violation Location and Site Descri�p�tion Rover File &41X�k Shoreline Length Project Location: County ! Street Address/ State Road/ Lot #(s) L SAV: Not Sure Yes No Sandbags: Not Sure Yes No _ �— PNA: Yes No Adjacent Subdivision, ORW: Yes No Adjacent City_ ZIP Crit. Hab.' Yes No Phone# (_).--- River Basin _ -1n 2 < —7 Photos Yes No �tlmanitmLcol— Waiver Required. Yes No Adj. Wtr. Body In DWQ Buffer Area Yes No Closest Maj. Wtr. Body s 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 — ! 71.0409 Ref, Recomm. Assess. I DCM Assess. Penalty Assessment — r App./Permit Fee j 1$ a SE I$ Sent to Respondent Data Penalty I Is Rcvd by DCM Date (----'--'-- ---�$ g Willful/Intent. Assessment Extended Yes No $ g Continuing is Other 1$_.----- ----- - J� I Total P _ . I Formal Assessments, Appeals and Reductions Date Long Form Submitted Assessment Appealed Yes No Date Formal CPA Submitted ❑ Penalty modified Final Assessment $ Date Attorney General's Office for Injunction or Formal Collection Date sent to AG, ❑ Respondant not responsive to penalty/NOV ❑ Injunction to complete restoration Date Collection Let. Sent Date Demand Let. Sent Violation Activities and Impacts AECs Affected: Wetlands Impacted? es J No IF yes, which types: CW EW PTA PTS OEA HHF IH SA DS CJ SY ALS TY SS SC SP IF BF PWS: FC: Restoration Required by the Respondent Yes / No Dimensions in excess of permit/ unauthorized activities Dimensions to restore Final dimensions allowed Actually restored Development Activities ' (sJ ` (ate r &S Habitat Description Closing Payment Received S------- --_ _—Date._ _— Date Case Closed 02-May-05 NC DIVISION OF COASTAL MANAGEMENT ENFORCEMENT RECORD CASE STATUS CASE NUMBER LAST NAME • CASE IS OPEN FIRST NAME BUSINESS NAME: 05-10A IWOODSON IGARY CASE IS CLOSED AFFLILIATION SECTOR NOVrevious Violations in Same AEC OV DATE CLOSURE DATE PROPERTY OWNE PRIVATE n for Similar ACtIVItIQS ./26/2005 MAILING ADDRESS CITY STATE 124 SHORE DR. JARVISBURG NC PROPERTY ADDRESS COMMUNITY 124 SHORE DR JARVISBURG ZIP CODE PHONE NUMBER 27947- (252) 491-5148 WATERBODY NEAREST ROAD ALBEMARLE SOUND US 158 DISTRICT OFFICE COUNTY DCM REPRESENTATIVE LPO CONTACT ECDO CURRITUCK 1JENNINGS r �tFFECTED AEGIS) CW ❑ EW LJ PTA WI ES I PTS VIOLATION TYPE _ MAJOR CAMA plus DREDGE AND FILL OEA [ l HHFA j I IHA I PWS NCRA NATURE OF VIOLATION AEC DESCRIPTION SECTION 404 WETLANDS Unauthorized major development and violation of the State Dredge & Fill Law by filling approximately 460 sq.ft. of Section 404 wetlands within the Estuarine Shoreline AEC adjacent to the Albemarles Sound. RESTORATION STATUS]- -- -- - - - - -- --- - -: RESTORATION REQUEST DATE COMPLETION DATE i I RESTORATION NOT REQUIRED - CONTRACTOR _ RESTORATION EXTENDED RESTORE DATE RESTORATION NOT REQUIRED - PERMITTABLE DEVELOPMENT �� DEADLINE - RESTORATION NOT REQUIRED -FURTHER IMPACTS EXTENDED J. RESTORATION PENDING REFERRED TO AG'S OFFICE - COLLECTION REFERRED TO AG'S OFFICE - INJUNCTION ASSESSMENT DATE PENALTY AMOUNT COLLECTION DATE AMOUNT COLLECTED PENALTY STATUS�- ---�------y---- PENALTYISSUED [J PENALTY NOT ISSUED JJ WILLFUL INTENTIONAL PENALTY (MIN. OR DOUBLED) F-1 CNOV ISSUED I CONRACTOR'S FIRST OFFENSE SETTLED, AGREED UPON, OR STIPULATED PENALTY n, PENALTY APPEALED UNCOLLECTIBLE PENALTY t_ '.. FORMAL CPA ISSUED Violations Involving Adversely Impacted Resources AMOUNT OF ADVERSELY DISTURBED AREA (SQ. FT.) �— AMOUNT OF RESTORED AREA (SO. FT) r— NOTES 14-Oct-05 NC DIVISION OF COASTAL MANAGEMENT ENFORCEMENT RECORD `CASE STATUSi CASE NUMBER LAST NAME FIRST NAME BUSINESS NAME: 7510A WOODSON GARV CASE IS CLOSED �. Previous Violations in Same ❑ AEC for Similar Activities NOV DATE CLOSURE DATE Elapsed Days AFFLIUATION SECTOR 4/26/2005 � 171 PROPERTY OWNER PRIVATE MAILING ADDRESS CITY STATE ZIP CODE PHONE NUMBER 124 SHORE DR JARVISBURG NC 27947- (252) 491-5148 PROPERTY ADDRESS COMMUNITY WATERBODY NEAREST ROAD 124 SHORE DR JARVISBURG ALBEMARLE SOUND UST 8 DISTRICT OFFICE COUNTY DCM REPRESENTATIVE LPO CONTACT ECDO CURRITUCK JENNINGS VIOLATION TYPE MAJOR CAMA plus DREDGE AND FILL NATURE OF VIOLATION 'I. AFFECTED AEC(S) j CW ❑ EW OEA f HHFA AEC DESCRIPTION !PTA 0 ES ❑ PTS i. IHA I- PWS NCRA sized major development and violation of the State Dredge & Fill Law by filling approximately 460 sq.ft. of 404 wetlands within the Estuarine Shoreline AEC adjacent to the Albemarles Sound. RESTORATION STATUS' RESTORATION REQUEST DATE COMPLETION DATE JI 10/9/2005 �— RESTORATION NOT REQUIRED -CONTRACTOR O RESTORATION EXTENDED RESTORE DATE ',. DEADLINE RESTORATION NOT REQUIRED - PERMITTABLE DEVELOPMENT EXTENDED 1 1 i/10/2005 I RESTORATION NOT REQUIRED - FURTHER IMPACTS ❑ REFERRED TO AG'S OFFICE - INJUNCTION INJUNCTION DATE: I RESTORATION PENDING ' REFERRED TO AG'S OFFICE - COLLECTION _--"- COLLECTION REQUEST DATE: r— IPENALTV STATUS) ASSESSMENT DATE PENALTY AMOUNT COLLECTION DATE AMOUNT COLLECTED - --- - -- -. r-- ❑PENALTY ISSUED WILLFUL& INTENTIONAL PENALTY (MIN. OR DOUBLED) ❑ PENALTY NOT ISSUED CNOV ISSUED CNOV DATE ❑ CONRACTOR'S FIRST OFFENSE PENALTY APPEALED APPEAL DATE FORMAL CPA ISSUED F FORMAL CPA DATE (.]SETTLED, AGREED UPON, STIPULATED PENALTY F—SETTLEMENT DATE L.I UNCOLLECTIBLE PENALTY F—UNCOLLECTIBLE DETERMINATION DATE Violations Involving Adversely Impacted Resources AMOUNT OF ADVERSELY DISTURBED AREA (SO. FT.) AMOUNT Q,Fj "aE,. -(SQ. FT) NOTES 0"OV-05 NC DIVISION OF COASTAL MANAGEMENT ENFORCEMENT RECORD ® CASE NUMBER LAST NAME FIRST NAME BUSINESS NAME: F-10A IWOODSON GARV (I CASE IS CLOSED Previous Violations in Same AEC for Similar Activities NOV DATE CLOSURE DATE Elapsed Days AFFLILIATION SECTOR 4/26/2005 192 1PROPERTY OWNER 1PRIVATE MAILING ADDRESS CITY STATE ZIP CODE PHONE NUMBER 124 SHORE DR JARVISBURG NC 27947- (252) 491-5148 PROPERTY ADDRESS COMMUNITY WATERBODY NEAREST ROAD 124 SHORE DR 1JARVISBURG 1ALBEMARUE SOUND US 158 DISTRICT OFFICE COUNTY DCM REPRESENTATIVE LPO CONTACT ECDO CURRITUCK IJENNINGS F- VIOLATION TYPE ❑ CW ❑ EW I. I PTA n ES �_� PTS MAJOR CAMA plus DREDGE AND FILL ❑ OEA I I HHFA I I IHA ❑ PWS [ NCRA NATURE OF VIOLATION AEC DESCRIPTION ISECTION 404 WETLANDS Irized major development and violation of the State Dredge & Fill Law by filling approximately 404 wetlands within the Estuarine Shoreline AEC adjacent to the Albemarles Sound. RESTORATION STATUS RESTORATION REQUEST DATE COMPLETION DATE 1 10/9/2005 10/28/2005 RESTORATION NOT REQUIRED - CONTRACTOR RESTORATION EXTENDED RESTORE DATE IV] DEADLINE ❑ RESTORATION NOT REQUIRED -PERMITTABLE DEVELOPMENT EXTENDED 11/10/2005 ❑ RESTORATION NOT REQUIRED - FURTHER IMPACTS ❑ REFERRED TO AG'S OFFICE - INJUNCTION ❑ RESTORATION PENDING INJUNCTION DATE: El TO AG'S OFFICE -COLLECTION COLLECTION REQUEST DATE: r- ASSESSMENT DATE PENALTY AMOUNT COLLECTION DATE AMOUNT COLLECTED ❑ PENALTY ISSUED ❑ WILLFUL & INTENTIONAL PENALTY MIN. OR DOUBLED) ❑ PENALTY NOT ISSUED CNOV ISSUED CNOV DATE ❑ CONRACTOR'S FIRST OFFENSE PENALTY APPEALED APPEAL DATE I FORMAL CPA ISSUED FORMAL CPA DATE L_1 SETTLED. AGREED UPON. STIPULATED PENALTY SETTLEMENT DATE ❑ UNCOLLECTIBLE PENALTY F-UNCOLLECTIBLE DETERMINATION DATE Violations Involving Adversely Impacted Resources AMOUNT OF ADVERSELY DISTURBED AREA (SQ. FT.) F- AMOUNT OF RESTORED AREA (SQ. FT) NOTES 04-Nov-05 NC DIVISION OF COASTAL MANAGEMENT ENFORCEMENT RECORD CASE NUMBER LAST NAME FIRST NAME BUSINESS NAME: C*i9-10A IWOODSON GARY CASE IS CLOSED J Previous Violations in Same ❑ AEC for Similar Activities NOV DATE CLOSURE DATE Elapsed Days AFFLILIATION SECTOR 4/2&2005 192 1PROPERTY OWNER PRIVATE MAILING ADDRESS CITY STATE ZIP CODE PHONE NUMBER 124 SHORE DR JARVISBURG NC 27947- (252) 491-5148 PROPERTY ADDRESS COMMUNITY WATERBODY NEAREST ROAD 124 SHORE DR 1JARVISBURG JAL13EMARLE SOUND US 158 DISTRICT OFFICE COUNTY DCM REPRESENTATIVE LPO CONTACT ECDO CURRITUCK 1JENNINGS I VIOLATION TYPE CW ❑ EW �_ PTA [VI ES ❑ PTS MAJOR CAMA plus DREDGE AND FILL OEA ] HHFA ❑ IHA I I PWS ❑ NCRA NATURE OF VIOLATION AEC DESCRIPTION ISECTION 404 WETLANDS Unauthorized major development and violation of the State Dredge & FIII Law by filling approximately 4bU sq.tt. of Section 404 wetlands within the Estuarine Shoreline AEC adjacent to the Albemarles Sound. RESTORATION NOT REQUIRED - CONTRACTOR ❑ RESTORATION NOT REQUIRED - PERMITTABLE DEVELOPMENT [� RESTORATION NOT REQUIRED - FURTHER IMPACTS ❑ RESTORATION PENDING RESTORATION REQUEST DATE COMPLETION DATE 10/9/2005 10/28/2005 RESTORATION EXTENDED RESTORE DATE Ili DEADLINE EXTENDED 11I10/2005 ] REFERRED TO AG'SOFFICE - INJUNCTION INJUNCTION DATE: 1 r- REFERRED TO AG'S OFFICE - COLLECTION COLLECTION REQUEST DATE: r- ASSESSMENT DATE PENALTY AMOUNT COLLECTION DATE AMOUNT COLLECTED 10/31/2005 $350 F © PENALTY ISSUED 1 WILLFUL & INTENTIONAL PENALTY MIN. OR DOUBLED) ❑ PENALTY NOT ISSUED ❑ CNOV ISSUED CNOV DATE ❑ CONRACTOR'S FIRST OFFENSE PENALTY APPEALED APPEAL DATE [_J FORMAL CPA ISSUED FORMAL CPA DATE SETTLED, AGREED UPON, STIPULATED PENALTY SETTLEMENT DATE �) UNCOLLECTIBLE PENALTY F-UNCOLLECTIBLE DETERMINATION DATE Violations Involving Adversely Impacted Resources AMOUNT OF ADVERSELY DISTURBED AREA (SQ. FT.) AMOUNT OF RESTORED AREA (SO. FT) �- NOTES 14-Nov-05 NC DIVISION OF COASTAL MANAGEMENT ENFORCEMENT RECORD — CASE NUMBER LAST NAME FIRST NAME BUSINESS NAME: 05-10A IWOODSON GARY CASE IS CLOSED Previous Violations in Same AEC for Similar Activities NOV DATE CLOSURE DATE Elapsed Days AFFLILIATION SECTOR M28I2005 1182=t92 1PROPERTY OWNER PRIVATE MAILING ADDRESS CITY STATE ZIP CODE PHONE NUMBER 124 SHORE DR JARVISBURG NC 27947- (252) 491-5148 PROPERTY ADDRESS COMMUNITY WATERBODY NEAREST ROAD 124 SHORE DR JARVISBURG 1ALBEMARLE SOUND US 158 DISTRICT OFFICE COUNTY DCM REPRESENTATIVE LPO CONTACT ECDO CURRITUCK 1JENNINGS VIOLATION TYPE ® CW [ EW [_I PTA L;e ES I. PTS MAJOR CAMA plus DREDGE AND FILL OEA LJ HHFA IHA L1 PWS NCRA NATURE OF VIOLATION o AEC DESCRIPTION ISECTION 404 WETLANDS 404 wetlands within the Estuarine Shoreline AEC adjacent to the Albemarles RESTORATION REQUEST DATE COMPLETION DATE 10/9/2005 10/2$/2005 Ll RESTORATION NOT REQUIRED - CONTRACTOR RESTORATION EXTENDED RESTORE DATE WI DEADLINE ❑ RESTORATION NOT REQUIRED - PERMITTABLE DEVELOPMENT EXTENDED 11/10/2005 ❑ RESTORATION NOT REQUIRED - FURTHER IMPACTS Ll REFERRED TO AG'S OFFICE - INJUNCTION ❑ INJUNCTION DATE: RESTORATION PENDING REFERRED TO AG'S OFFICE -COLLECTION — COLLECTION REQUEST DATE: r- ASSESSMENT DATE PENALTY AMOUNT COLLECTION DATE AMOUNT COLLECTED 10/31/2005 750 11/4/2005 $350 ❑d PENALTY ISSUED L 1 WILLFUL & INTENTIONAL PENALTY MIN. OR DOUBLED) ❑ PENALTY NOT ISSUED ❑ CNOV ISSUED CNOV DATE ❑ CONRACTOR'S FIRST OFFENSE ❑ PENALTY APPEALED APPEAL DATE ❑ FORMAL CPA ISSUED F-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.) AMOUNT OF RESTORED AREA (SO. FT) NOTES .. � ,� � ' .. �G _.. _ _.. ),I. I f. �. �. _ _... ..... .. ... _ i �. _ I . 1 il. i �. � .. 1' � l 1 � , '_. f I � "1.l �,J:.. . ..: .... � �: � ...__ .., i au .:,,,� .. ,....._ ... _,_.. � 1 ... .. ,