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HomeMy WebLinkAbout14-04A White� Ed-E WR North Carolina Department of Environment and Natural Resources Pat McCrory Governor August 1, 2014 Mr. Edward L. White 1639-B Nixonton Road Elizabeth City, NC 27909 John E. Skvarla, III Secretary RE. Payment of Proposed Penalty for Violations of the Coastal Area Management Achy Pasquotank County, CAMA Violation #14-04A Dear Mr. White: This letter will acknowledge receipt of your Check #1334, in the amount of $446, and dated 07/29/14. 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, � .-Vi Frank Jennin s, District Manager Northeastern District Division of Coastal Management FJ/yc cc: ow, Compliance Co Ci Lynn W. Mathis, Field Specialist, DCM, Elizabeth City ., Ruckm 17 AUG 0 7 2014 Dcm-mmC17y 1367 US 17 South, Elizabeth City, NC 27909 Phone: 252-2609011 FAX: 252.264-3723; Intemet httZoortal.nodenrorg/web/cm/dcm-home An Equal Oppoaunity 1 Af nafive Acfion Employer s LAUG —1 2014 CAMA VIOLATION #14.04A Ed White 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 $446.00 against me for violation of the Coastal Area Management Act, NCGS 113A-100 et seq, committed on or near my property 1639B Nixonton Road in Pasquotank 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 March 24, 2014, and agree to pay the proposed civil assessment of $446.00. 7 -Zcr- I L4 DATE SIGNATURE 1cdaz txge—Vu% ej ADDRESS —33 Co (q7 TELEPHONE NUMBER or A'YC NCDENR North Carolina Department of Environment and Natural Resources Pat McCrory John E. Skvada, III Governor Secretary July 23, 2014 CERTIFIED MAIL ARTICLE NO.7012 3460 0002 0625 5429 RETURN RECEIPT REQUESTED Edward White 1639E Nixonton Road Elizabeth City, North Carolina 27909 RE. CAMA MINOR VIOLATION #14-04A Dear Mr. White: This letter is in reference to the Notice of Violation dated March 24, 2014 that Field Specialist Lynn Mathis, issued to you for involving the following unauthorized development within the 30' buffer: 1) construction of an 800 square foot (sf) pole building partially within the 30' buffer, 2) the placement of an old 176sf storage building within the 30' buffer, and, 3) the construction of a 1,204sf dog kennel within the 30' buffer at 1639A Nixonton Road, Pasquotank County. The violation involved the Public Trust Shoreline, which is an Area of Environmental Concern designated by the Coastal Resources Commission. Based upon the site visit conducted on July 1, 2014 by Lynn Mathis, the restoration requested is complete. The Coastal Area Management Act provides that a civil assessment of up to $1,000 may be assessed for any minor 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 $446.00 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 Civil Assessment;" (2) attach a check or money order for $446.00 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. 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. i2ECENER 1367 US 17 South, Elizabeth City, NC 27909 Phone: 252-264-3901 1 FAX: 252-264-3723; Internet: www.nccoastaimanagement.net JUL 282014 An Equal Opportunity l Affirmative Action Employer DCM-NMcr!T Ed White July 23, 2014 Page 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, Frank A. Jennings, III District Manager NC Division of Coastal Management Enclosures cc: Roy Brownlow. Compliance Coordinator, DCM Lynn VV. Mathis, Held Specialist, DCM CAMA VIOLATION #14.04A Ed White 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 $446.00 against me for violation of the Coastal Area Management Act, NCGS 113A-100 et sec, committed on or near my property 1639B Nixonton Road in Pasquotank 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 March 24, 2014, and agree to pay the proposed civil assessment of $446.00. DATE SIGNATURE ADDRESS TELEPHONE NUMBER RECEIVED JUL 2 8 2014 T)CN-MHDctrY DCM ENFORCEMENT TRACKING REPORT Rep Issuer Violation Case No. Rep. ZAfAf Lu/A17fri lia � PPermitNo. ❑ (if applicable) Violation Description Was activity perm ttable7 Initial Discovery Date % / / Discovery Method Z�1211�� /,L i j7�i=r3 — Violation Description /jLti///Jlrt1G llfi✓✓E/C coArs' 7L(/C ZaY/ 117111G.7 /JUG Respondent Information Prior CAMA or D/F Violations: Yes ro Prior Case No: 01111111111111 Respondent Names) _ / !//}i2/) L/%7fU� (Landowner/Agent(Contractor) Address &3Q . Abxon.l 7U,t1 /4?Ly j city 674,Z.67 - Stated Zip Z-7 yO� Phone # Fax #/Email Corporate Name & Registered anent Violation Type: Project Type: Authorizations Required: Site Visits Respondent Site Visits Respondent No Permit Private(Community ❑ Major CAMA Present Present Permit Condition Govt./Public ❑ Minor ❑ D&F ❑ Expired Permit Commercial R General ❑ ❑ Inconsistent w/ Rules Tier Level: 1 11 111 ❑ ❑ Violation Location and Site Description � Lat/Long Project Location: County Shoreline Length Street Address/ State Road/ Lot #(s) �c �iJ GY>y< i1c-Wig SAV: C-N �u Yes No G � 6 /&Yro �/�i9m�1 Sandbags: Not Sure Yes dg, Subdivision— PNA: Yes COW-Aclacent ,.,r� C / O1IAA.f C ZIP 27 2� ORW: Yes Crit. Hab. Yes &P Ayecent / d!�p Phone#( _) River Basin ?itswc,14A1/C Photos (2;R No Adj. WIT. Body r4yAG (net lma unkn), Waiver Required Yes Closest Maj. Wtr. Body G irc}- 141"u - In DWQ Buffer Area Yes rr� Specify DWQ Buffer if applicable: Restoration /YEW �6�,.�, , r�q/� ; �/� �� g/ �r xtension Granted I Yes 1 No NOV Date Initial Req. Comp. Date .?- / C'Yf� �J CNOV Date Penalty Assessment Sent to Respondent Date Rcvd. by Dist. Mgr. Date Assessment Extended Yes No Date Comp. Observed App./Permit Fee Penalty Continuing Restoration Letter Acceptance Date Z / 7J.0409 Ref. Recomm. Assess. DCM Assess. $ /00 000 $ $ ZZS•&,u $ $ $ $ IZt60 $ Total JUL 2 8 2014 f .* 1 � 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/NOVFI Injunction to complete restoration Date Collection Letter Sent Date Demand Letter Sent Violation Activities and Impacts t>�s• AECs Affected: Wetlands Impacted? Ye If yes, which types: CW EW PTA ES PTB OEA HHF IH USA /A SA DS CJ SY JR LS TY PWS: FC: SS SC SP IF BF 404 Other: Restoration Required by the Respondent Yes / No Dimensions in excess of permit/ unauthorized activities Dimensions to restore Final dimensions allowed Actually restored Development Activities Habitat Description ft - Fat .'u,V/7 'i S - r' NOTES: S/��KL �✓ GLUiI%ErL — itSlL�/� Tv LuoLC ✓ij /%j(1)�cS.—�Cz�uc/,p,�j /5,•i 462ECO irl u - d/ J/,) iu�i /A,fi z- 7� LET Akg --y .sl 7Z7./i,•r /T .547 l v //, r i3c-sr /2 ens . 17 bYLTL]) S�"7JicJ�--rfE SU.t-F/%t7L 14/157/ lUc7-1a,t (�-NCrZC-Y7 C-1 U ..t. 77/ /7-Ir-- r�i6/fFb2 02) Siyr,1LLL�2 4O//JL-5TZ—mg7'.,r &Z--4,/ �Gt✓nG2/1JLoclL, 1k01CAJZ-- //j L✓J(P /S ULoJCyL t v tJ -17fC 4�1 ,c- 41- %/t/5 Luc,4r7lvt/ /!/tr[r/�/ 31 /)06 G�ESLL l lv /Ai /i/ r r'crt iv 1L,w-_(,?. & L,(4. Closing A5"I7 Afff ,69 65%4�fj7�I/'�'.Lwar s�TE� Payment Received $ Date ( Date Case Closed A .�Xz7w r�r•� ?o .✓%/N 1 A`/c 1 rre(j NCDENR North Carolina Department of Environment and Division of Coastal Management Pat McCrory Braxton C. Davis Governor Director NOTICE OF VIOLATION February 14, 2014 CERTIFIED MAIL 7012 3460 0002 0625 5238 RETURN RECEIPT REQUESTED Edward White 1639B Nixonton Road Elizabeth City, North Carolina 27909 Natural Resources 1W John E. Skvada, III Secretary RE. NOTICE OF VIOLATION AND REQUEST TO CEASE UNAUTHORIZED DEVELOPMENT — CAMA VIOLATION#14-04A Dear Mr. White: This letter confirms that on February 12, 2014,1 met with you onsite at your property located at on Red Oak Road adjacent to an unnamed tributary off of the Little River in or near the community of Nixonton, off Nixonton Road, Pasquotank County, North Carolina. The purpose of the visit was to investigate unauthorized development involving the following: 1) the construction of a pole building, 2) the placement of an old storage building, and, 3) the construction of a dog pen with a pile supported roof, within 30' of normal water level. 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 Envirgnment 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 pole building with a room over, the placement of a storage building and the construction of a dog pen with a pile supported roof, all within 30' of normal water level on the aforementioned property. These activities took place within a Public Trust Shoreline that is contiguous with an adjacent unnamed tributary of the Little River. Public Trust Shorelines are designated as Areas 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 development and contact me about this matter. A civil assessment of up to $10,000 plus investigative costs may be assessed against any violator. Each day that the development described in this Notice is continued or repeated may constitute a separate 1367 US 17 South, Elizabeth City, NC 27909 Phone: 252-2609011 FAX: 252-264-3723 ; Internet: www.ncroastaimanagement.net An Equal Opportunity 1 Affirmative Action Employer Edward White February 14, 2014 Page 2 of 2 violation that is subject to an additional assessment of $10,000. 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 (CRC) to assess a civil penalty plus investigative costs 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. The amount assessed will depend upon several factors, including the nature and area of the resources that were affected and the extent of the damage to them. w. 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. Pending further review of this matter, a determination will be made, and you will be notified of any restoration that may be required. You will also 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 rules. Thank you for your time and cooperation in resolving this important matter. If you have any questions, please call me at (252) 264-3901. Sincerely, Lynn W. Mathis District Compliance & Enforcement Representative Cc: Frank A. Jennings, III, District Manager, DCM Roy Brownlow, Compliance Coordinator, DCM Paul Kahl, Chief Building Inspector, Pasquotank County 40 4 DCM ENFORCEMENT TRACKING REPORT /�ills9iiliJ /ter/z� / !r RECEIVED Issuer Rep Rep. _I�AtAJ /u1A/`W[S CD EJ Violation Description -f Violation Case No. Permit No. DC! LMHDCITY (if applicable) Was activity permittable? Initial Discovery Date % / / r Discovery Method / -ZlC - !ti- Violation Description CdN,'/�?ll �T7tiY/ �tih I&y,e� /,Or, Respondent Information Prior CAMA or D/F Violations: Yes roPrior Case No: Respondent Name(s) 4yly -E (Landowner/Agent/Contractor) Address P� Af/.L'UAl %7>it( /2cn?77 City Q!Z-6�- State A%(— Zip Z-7 e57 Phone # Corporate Name & Registered agent Fax Violation Type: Project Type: Authorizations Required: Site Visits Respondent Site Visits Respondent No Permit rM Private/Community ❑ � CAMA Present PresentMajor Permit Condition ❑ Govt/Public ❑ Minor ❑ D&F �q L'� ❑ ❑ Expired Permit ❑ Commercial ❑ General ❑ ❑ Inconsistent w/ Rules Tier Level: 1 II III ❑ ❑ Violation Location and Site Description Lat/Long Project Location: County Shoreline Length f Street Address/ State Road/ Lot #(a) Eyt<yJ 7y*< /2a44,0 SAV: ClqjogV:� Yea No Sandbags: Not Sure Yes azrg� Subdivision /i/!9b/� PNA: Yes dr Adjacent City ZIP 27 ORW: Yes t� Adjacent � Crit. Hab. Yea � Phone # ( _) River Basin �ir5ry44 At!/C Photos (ND No Adj. Wtr. Body (-iV4)AG (nat fmalrgm Waiver Required Yes 4!�b Closest Maj. Wtr. Body /2( In DWQ Buffer Area Yes N3' ' Specify DWQ Buffer if applicable: Restoration NOV Date CNOV Date Penalty Assessment Sent to Respondent Date _ Rcvd. by Dist. Mgr. Date Assessment Extended Yes No Initial Req. Comp. Date Date Comp. Observed App./Permit Fee Penalty Willful/Intent. Continuing Investigative Extension Granted Yes No Restoration Letter Acceptance Date 7J.0409 Ref. Recomm, Assess. DCM Assess. $ $ Total 414 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 Respondent not responsive to penalty/NOV Injunction to complete restoration Dale Collection Letter Sent Date Demand Letter Sent Violation Activities and Impacts AECs Affected: Wetlands Impacted? Yes / No If yes, which types: CW EW PTA ES PTS OEA HHF IH UBA N/A SA DS CJ SY JR LS TY PWS: FC: SS SC SP IF BF 404 Restoration Required by the Respondent Yes / No Dimensions in excess Dimensions to restore Final dimensions of permit/ unauthorized activities allowed Actually restored Development Activities Habitat Description NOTES: _ S/�yl�r %1/ GGriiL'G72 — i9-SXhE: J TJ GIX)L( 13WF Lt aria duc�r /firy� i cET sr�E o 50 iq")crt_.41-J/ Z'M5A Tu i77�-t— 1vbafT/L aT -�"xkl4t16-72 �IJG/1) �iZsrtq>r /�7L/JG �uynG✓t/3foclt. IUi) r9/Z /6 L✓JG /3 ULcJCyL /-7-/,1 AJ !/CyL[f�/ r'J� ftG�lrr9LJ �1 /ECG ✓3E7c1J 14, PV&7c ul /Y// rni—) /Z4-2"Z-A cv-' /3W, k4- 111L �l /iE' �/�J n.u� ti��y� ./ %P�E)(iY/ij /hEe.p-use- [tom__ e�rt7 �e rt e�•e,.yZ Closing Payment Received $ Date Dale Case Closed Pat McCrory Governor MMMA NCDENR North Carolina Department of Environment and Natural Resources NOTICE OF VIOLATION March 24, 2014 CERTIFIED MAIL 7012 3460 0002 0625 5443 RETURN RECEIPT REQUESTED Edward White 1639B Nixonton Road Elizabeth City, North Carolina 27909 John E. Skvarla, III Secretary RE., NOTICE OF VIOLATION AND REQUEST TO CEASE UNAUTHORIZED DEVELOPMENT CAMA MINOR VIOLATION #14-04A Dear Mr. White: This letter confirms that on March 3, 2014, Field Representative Ron Renaldi and I, met with you onsite at your property located at 1639B Nixonton Road and along Red Oak, adjacent to an unnamed tributary off of the Little River in or near the community of Nixonton, off Nixonton Road, Pasquotank County, North Carolina. The purpose of the visit was to investigate development involving the following unauthorized development within the 30' buffer:1) an 800 square foot (sf) pole building, 2) the placement of an old 176sf storage building, and, 3) the construction of a 1,204sf dog kennel. Information gathered by me shows that you have undertaken minor development in violation of the Coastal Area Management Act. No person may undertake minor development in a designated Area of Environmental Concern without first obtaining a permit from the North Carolina Department of Environment and Natural Resources, North Carolina General Statutes (N.C.G.S.) 113A-1 18. I have information that you have undertaken, or are legally responsible for minor development by undertaking the above noted activities on the aforementioned property. These activities took place within the 30' buffer which is contiguous with the adjacent tributary of the Little River. Public Trust Shorelines are designated as an Area of Environmental Concern (AEC). No 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(s) of the Coastal Area Management Act I request that you immediately CEASE AND DESIST any further unauthorized development. A civil assessment of up to $1,000 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 $1,000. An injunction or criminal penalty may also be sought to enforce any violation in accordance with N.C.G.S. 113A-126. I MCMW 1367 US 17 South, Elizabeth City, NC 27909 MAR 2 8 2014 Phone: 252-264-39011 FAX: 252-264-3723 ; Internet: www,nocoastaimanagement.net An Equal Opportunity 1 Affirmative Action Employer DCM•MHD CITY Edward White March 25, 2014 Page 2 of 4 It is the. policy of. the Coastal Resources Commission to assess a penalty against all violations of this type. Investigative costs may also be assessed in addition to the civil penalty. 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 affected and the extent of the damage to them. If restoration of the affected resources is requested, but is not undertaken or completed satisfactorily, a substantially higher civil penalty will be assessed and a court injunction will be sought ordering restoration. Based upon the North Carolina Administrative Code, Title 15A, Subchapter 07H. State Guidelines for Areas of Environmental Concern, the activities you have undertaken within the 30' buffer: 1) the construction of a pole building, 2) the placement of an old storage building, and, 3) the construct on of dog kennels within the Public Trust Shoreline is not consistent with the following Section: ` "' . _ - . .. 07H .0209 COASTAL SHORELINES (Permit required) (d)(10) Within the Coastal Shorelines category (estuarine and public trust shoreline AECs), new development shall be located a distance of 30 feet landward of the normal water level or normal high water level, with the exception of the following: (A) Water -dependent uses as described in Rule 07H .0208(a)(1) of this Section; (B) Pile -supported signs (in accordance with local regulations); (C) Post- or pile -supported fences; (D) Elevated, slatted, wooden boardwalks exclusively for pedestrian use and six feet in width or less. The boardwalk may be greater than six feet in width if it is to serve a public use or need; (E) Crab Shedders, if uncovered with elevated trays and no associated impervious surfaces except those necessary to protect the pump; (F) Decks/Observation Decks limited to slatted, wooden, elevated and unroofed decks that shall not singularly or collectively exceed 200 square feet; (G) Grading, excavation and landscaping with no wetland fill except when required by a permitted shoreline stabilization project. Projects shall not increase stormwater runoff to adjacent estuarine and public trust waters; (H) Development over existing impervious surfaces, provided that the existing impervious surface is not increased and the applicant designs the project _to, comply with the intent.of.the .rules to the maximum extent feasible; (1) & (J) Apply to situations where application of the buffer requirement would preclude placement of a residential structure. I am requesting that the following restoration be undertaken: 1) The 330sf encroachment of unauthorized pole supported building may remain in its current location if pre-existing structures or impervious surfaces, of equal area, are removed from the 30' buffer as an offset to the unauthorized development. The following exchanges were discussed: a) Per our discussions on site with Mr, Renaldi, and our discussions by telephone, the existing w:..sirigle wide mobile home adjacent to the new pole building will be removed from the 30' buffer. b) Per our discussion by telephone, the storage area converted from a delivery truck partially y. ,ungrer,,the new pole building, and adjacent to the singlewide mobile home, will be removed from the 30' buffer. ,r), :•, .,A_u Edward White March 25, 2014 Page 3 of 4 2) The storage building relocated into the 30' buffer, situated between. the dwelling and the dog kennel along the water, shall be relocated outside of the 30' buffer, 3) The dog kennels shall be relocated outside of the 30' buffer. Please refer to the enclosed Restoration Agreement and drawing for additional clarification. 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. Failure 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 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. Thank you for your time and cooperation in resolving this important matter. Upon completion of the restoration as requested in the enclosed Restoration Plan Agreement, you will be notified by the Division of Coastal Management as to the amount of a civil assessment for undertaking development without first obtaining the proper permit(s). Sincerely, t- L Lynn W. Mathis District Compliance & Enforcement Representative NC Division of Coastal Management NC Department of Environment and Natural Resources Cc: Frank Jennings, District Manager, DCM Roy Brownlow, Compliance Coordinator, DCM Raleigh Bland, USACE Paul Kahl, Chief Building Inspector, Pasquotank County ENCLOSURES DC"-WiDrrry Edward White March 25, 2014 Page 4 of 4 RESTORATION PLAN For Edward White CAMA Minor Violation #14-04A Property Location: Location: 1639B Nixonton Road and Red Oak Road Pasquotank County 1) The pole building may remain in its current location if pre-existing structures or impervious surfaces, of equal or greater area, are removed from the 30' buffer as an offset to the unauthorized development. The following exchanges are required: a) Per our discussions on site with Field Representative Ron. Renaldi, and as discussed by telephone, the existing single wide mobile home adjacent to the new pole building will be removed from the 30' buffer. b) Per our discussion by telephone, the storage area converted from a large truck body, partially under the new pole building and adjacent to the singlewide mobile home, will be removed from the 30' buffer. 2) The storage building relocated into the 30' buffer, situated between the dwelling and the dog kennel along the water, shall be relocated outside of the 30'. buffer. 3) The dog kennels shall be relocated outside of the 30' buffer. NOTE: Additional permits may be required from the Pasquotank County Building Inspections Department. SEE ATTACHED RESTORATION PLAN DRAWINGS I, Edward White, agree to complete this restoration to the satisfaction of the NC Division of Coastal Management by April 30, 2014, or provide an explanation for non-compliance and a reasonable request for time extension. When corrective actions are complete, I will notify the Division of Coastal Management so the work can be inspected. SIGNATURE: DATE: It is the policy of the Coastal Resources Commission to levy a civil assessment against all violations of this type. If restoration, 1gjgo(ypdertaken or satisfactorily completed, a substantially higher civil assessment will be levied and an injunction sought to require restoration. WIfITE OACO µrb Ap (IN a r, FZE-MoJE42 flWCOl TA. °'r�vI«� NaE i As-A(aT-� att,7 "(b TWp; PAPlT rAAJILrmAj(o Ut1t7CfL Cc�Us-�t.�T"l�+tt �7Ci5T7uL 'ntu(�,E VUlbk 3' NWL C'Dlt±AWT&-j -5/;eaC7ZJ.4_2C PA,6pE 1 Nt5w cr)AGT7ucTreu (uu Aza;,) 6(lS7PfwG, C9A9 5tAt-da)e-ie, Acf-KAL- WATE:r- LE;VCL- s Y� . rK yy ,fit ✓i r1 ^n ,i, �x )0 r �i q� ��.11�n,-�� i ,., DCM ENFORCEMENT TRACKING REPORT /dlls9/tc'iJ �jZ�L /r Rep Issuer ❑ Violation Case No. Rep. ZyAJU i Permit No. ❑ (if applicable) Violation Description Was activity permittable? Yes No Initial Discovery Date Discovery MethodViolation Description AGG///21vU-6 Respondent Information Prior CAMA or D/F Violations: Yes o Prior Case No: Respondent Name(s) e5ty/1i72/) J/fr/-Z�- (Landowner/Agent/Contractor) Address /(�, q/:i 6iAe011d 721(J ISILL) City iZI-Z State Ai0 Zip Z7 G Phone # Corporate Name & Registered agent Fax Violation Type: Project Type: Authorizations Required: Site Visits Respondent Site Visits Respondent PNo Permit � Private/Community I] Major CAMA Present Present Permit Condition El Govt./Public ❑ Minor D&F-�— El Expired Permit Commercial ❑ General I] El Inconsistent w/ Rules Tier Level' I II III ❑ Violation Location and Site Description Project Location: County pan-'7[!u/ l<' Street Address/ State Road/ Lot #(s) A6-1) n*< /2C�r+iJ Subdivision /V6i2-- City ZIP 77 jby Phone # ( _) River Basin 1^5]10NMlC Adj. Wtr. Body rlamG (nat /mag2 unknj Closest Maj. Wtr. Body G i�- IL Lat/Long Shoreline Length C%(C / t SAV: o u Yes No Sandbags: Not Sure Yes dg, PNA: Yes 4Z ' Adjacent ORW: Yes A& Adjacent Cdl. Hab. Yes C�9' Photos (1;� No Waiver Required Yes cl!W-D In DWQ Buffer Area Yes (N-W) 7 Specify DWQ Buffer if applicable: Restoration NOV Date CNOV Date Penalty Assessment Sent to Respondent Date Rcvd. by Dist. Mgr. Date Assessment Extended Yes No _ Extension Granted Yes No Initial Req. Comp. Date �t 11 ' ' Restoration Letter Date Comp. Observed Acceptance Date App./Permit Fee Penalty Willful/Intent. Continuing Investigative 7J.0409 Ref. Recomm. Assess. DCM Assess. $ /av roo $ $ $ $ $ MAR 2 8 $ $ Total /9p Dcm-mmC VA 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 WAG ❑ Respondent hot responsive to penalty/NOV ❑ Injunction to complete restoration Date Collection Letter Sent Date Demand Letter Sent - Violation Activities and Impacts AECs Affected: _ Wetlands Impacted? YeV-FiT6-) If yes, which types: CW EW PTA ES PT OEA HHF IH UBA NIA SA DS cJ SY JR LS TY PWS: FC: SS SC SP IF BF 404 Restoration Required by the Respondent Yes / No Dimensions in excess of permit/ unauthorized activities Dimensions to restore Final dimensions allowed Actually restored Development. Activities . .. - - .., .. ,.. ... .. ... _ .. Habitat Descriptiori -' - - NOTES: S/Da/KL L✓ auyc-�,c — /91sl�',97.D 7-1-1 Cuo%f ✓/T S/TK:-, /Shc /I �SC^ IAI ItIs /SC-S� /yL�[`vLG-SI V N%ldceL /Jr[,� 5LI��GLLZ7) Si/ li.C�L�rLE ip.-1/)hL�7/ LUcT/a (�-/t/C rL LY-1 C-1 UYG .N7V /-77'r-- �7[�/�E2 a�) Shri+GLC�2 �LJ//��TJsrc�rL /�UJG �L/✓ne.,-LA /,U)) r4/Z °1d'gii', 6t-IJr, /S d4tk-,� I-17-14A) �fC 7L�E- AT 71M Cue 477v// r!/CY[cf� J ftC�t/.sLJ Payment Received $ Date Date Case Closed ?0 '011A) f /jai c f // G>.z 74 /3keC lCLsO;r� eua1y,;G;iPt& 7