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HomeMy WebLinkAbout05-23A Waterside VillagesMr. David S. Russotto, Managing Member Waterside Villages of Currituck, LLC October 7, 2005 Page 3 of 3 OCT i tc j CAMA VIOLATION #05-23A AGREEMENT TO PAY PROPOSED CIVIL ASSESSMENT I understand that the staff of the Department of Environment and Natural Resources will propose the assessment of a civil penalty in the amount of $500 against me for violation of the Coastal Area Management Act, NCGS 113A-100 et seg, committed on or near my property located east of US 158 at the former Jellystone Campground site in the community of Grandy 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 July 20, 2005, and agree to pay the proposed civil assessment of $500. as' DATE SIGN TURE CJC� GG c'_ ADDRESS AS2 TELEPHONE NUMBER w 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 20, 2005 Mr. David S. Russotto, Managing Member Waterside Villages of Currituck, LLC P.O. Box 147 Harbinger, NC 27941 RE: Payment of Proposed Penalty for Violations of the Coastal Area Management Act, Currituck County, CAMA Violation #05-23A Dear Mr. Russotto: This letter will acknowledge receipt of Villages of Currituck's Check #1181, in the amount of $500, and dated 10/17/05. Once the amount of the check is credited to the Department of Environment and Natural Resources' account, this matter will be fully and completely closed. If you have any further questions concerning this matter, please contact me at my Elizabeth City office at 252-264-3901. Sincerely, Ted Samp/ss"onn District Manager TS:yc cc:r--Ted Tyndall, Assistant Director, DCM, Morehead City oy Brownlow, Compliance Coordinator, DCM, Morehead City Frank Jennings, Coastal Management Rep., DCM, Elizabeth City Raleigh Bland, USACOE, Washington Environmental Professionals, Inc., Kill Devil Hills Bill Moore, Division of Water Quality, Washington 1367 U.S. 17 South, Elizabeth City, North Carolina 27909 Phone: 252-264-39011 FAX: 252-264-37231 Internet: www.ncooastalmanagement.net An Equal Opportunity 1 Afflrmafive Action Employer— 30% Recycled by Fiber Weight DCM ENFORCEMENT TRACKING REPORT r� �• _ Issuer Field Rep. �R/aNlG J e�/Nf aJ G5 ❑ Violation Base No. _GB C D LPO Violated Permit No, LPJ P fi2R t r" w (if applicable) . Was ELctivity permittable7 Violation Description ^ Initial Discovery Date 7 / O) / Discovery Method � Violation Description A4x ' . J �u"`�,. Respondent Information Prior Violations in same Respondent Name(s) W 0.-�-4 f S �� Vt i t o. Q Address 1 �/9iLC Phone #6—�— Fax# fa\09 State Zip 2 794// Email Violation Type: No Permit ❑ Permit Condition ❑ Expired Permit Project Type: ❑ Private/Community ❑ Govt./Public � Commercial Authorizations Required: 'R Major CAMA ❑Minor ❑ D&F ❑ General Site Visits Respondent Site Visits Present 7 ! p ❑ ?y El❑ El❑ Respondent Present El ❑ inconsistent wl Rules Violation Location and Site Description Rover File -. Project Location: County 'P¢ R9u I M 14" s Shoreline Length 14"' /DO D �S pvf itreet Addressl State ad/ Lot #(sNS ` SAV: Not Sure 0 No Sandbags: Not Sure Yes PNA: Yes, ® Adjacent Subdivision - ORW: Yes (taq adjacent City — ZIP__ Crit, Hab. Yes Phone# (_). RiverBasin.�_ Photos (3 NO n{„µ� loot I�n�okol— Waiver Required Yes Q) . Adj. W[r. Body In DWQ Buffer Area Yes 9/ Closest Maj. Wtr. Body ` "P ^ Specify DWQ Buffer if applicable: --- Restoration n % .to oa Extension Granted Yes No NOV Date—p ° t Initial Req. Comp. Date CNOV Date _ Date Comp. Observed���� Penalty Assessment ! 7.1.0409 Ref. Sent to Respondent Date -tl?/1� App./Permit Fee 7 " " Penalty Rcvd by DCM Date / �/ 9 �' S_ :--- Willfullintent. Assessment Extended Yes No J --- — Continuing Other Total Restoration Letter Acceptance Date / Recomm. Assess. j DCM Assess. ; i Formal Assessments, Appeals and Reductions Date Long Form Submitted Assessment Appealed Yes No Date Formal CPA Submitted ❑Penalty modified Final Assessment $ Data 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 /6 If yes, which types: CW EW ES PTS OEA • HHF IH SA DS CJ SY • JR LS TY PWS: FC: SS SC SP IF BF 404 Other: Restoration Required by the Respondent No Dimensions In excess of permit/ unauthorized activities Dimensions to restore Final dimensions allowed Actually restored Development Activitles / SO 1615 y ` p • 1^0 ` je im Habitat Description ES t5 Closing / Payment Received s�,S_� 3_—_—..—_�ate1', 13S Date Case Closed i AMA Y11( 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 7, 2005 CERTIFIED MAIL RETURN RECEIPT REQUESTED Mr. David S. Russotto, Managing Member ; Waterside Villages of Currituck, LLC P.O. Box 147 Harbinger, NC 27941 VALLSB it? RB RE. CAMA VIOLATION #05-23A TB __(L—RB MTT Dear Mr. Russotto: This letter is in reference to the Notice of Violation dated July 20, 2005 that Mr. Frank Jennings, representative for the Division of Coastal Management, issued to you for the installation of a concrete drop inlet adjacent to the Currituck Sound on or near your property located east of US 158 at the former Jellystone Campground site in the community of Grandy, Currituck County. The violation involved the Estuarine Shoreline, which is an Area of Environmental Concern designated by the Coastal Resources Commission. Based upon the site visit conducted on September 22, 2005 by Mr. Jennings; 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 $500 is appropriate for this violation. You may expeditiously resolve this matter prior to the assessment of a formal civil penalty by accepting responsibility for the violation and paying the amount proposed above. In order to do this, you must: (1) sign one of the attached copies of an "Agreement to Pay Civil Assessment;" (2) attach a check or money order for $500 made payable to the North Carolina Department of Environment and Natural Resources (NCDENR); and, (3) return the signed agreement and payment to this office in the enclosed, self-addressed envelope within ten (10) days of your receipt of this letter. Upon deposit of your check in the Department's account, you will receive a Notice of Compliance officially closing this enforcement action. 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. David S. Russotto, Managing Member Waterside Villages of Currituck, LLC October 7, 2005 Page 2 of 2 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. Ifyou have any questions, please do not hesitate to contact me at (252) 264-3901. Sincerely, TeTed Sampson District Manager TS:yc Enclosures cc: Ted Tyndall, Assistant Director, DCM, Morehead City Ted Sampson, District Manager, DCM, Elizabeth City Roy Brownlow, Compliance Coordinator, DCM, Morehead City Raleigh Bland, US Army Corps of Engineers, Washington Environmental Professionals, Inc., Kill Devil Hills Bill Moore, Division of Water Quality, Washington Mr. David S. Russotto, Managing Member Waterside Villages of Currituck, LLC October 7, 2005 Page 3 of 3 CAMA VIOLATION #05-23A AGREEMENT TO PAY PROPOSED CIVIL ASSESSMENT I understand that the staff of the Department of Environment and Natural Resources will propose the assessment of a civil penalty in the amount of $500 against me forviolation of the Coastal Area Management Act, NCGS 113A-100 et sec, committed on or near my property located east of US 158 at the former Jellystone Campground site in the community of Grandy 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 July 20, 2005, and agree to pay the proposed civil assessment of $500. DATE SIGNATURE ADDRESS TELEPHONE NUMBER a B DCM ENFORCEMENT TRACKING REPORT Issuer b 5 — 2.3 Field Rep. F/PANlG J e/�NrN C'' r Violation Base No. ---CAY B C D LPO Violated Permit No. LPJ P I -RA I E"K (rappriceble) . Violation Description Was activity permittable? No Initial Discovery Date ? / oo/3 Discovery yMetthhod� Violation Description a iVc%� c(� A7'? ,a """ I" 16��' Xz_ Q same AEC: Respondent Name(s) W o. c rS' ci @ ' II a Address a �9 C Phone# /f"er A," C, Fax# State Zip 2 99rf/ Email Violation Type: Project Type: Authorizations Required: site Visits Respondent Site Visits Respondent Present Present 21 No Permit ❑ Private/Community Major C9 CAMA ,� ❑ El Permit Condition ❑ Govt./Public ❑ Minor ElD&F ❑ ❑ ❑ Expired Permit fid Commercial ❑ General ❑ ❑ ❑ Inconsistent wl Rules Violation Location and Site Description Rover File Project Location: County 'PQ,Q9u.MRNS Shoreline Length c Street Address/ State ads/ Loot #(s N S �S C�.q� SAM Not Sure No Sandbags: Not Sure Yes ® .. PNA: Yes, ® Adjacent $ubdrois n. --- ORW-, Yes Adjacent City _ ZIP__ Crit. Hab. Yes l>?y5 Phone # River Basin _ Photos No (-)may Adj. Wtr. Body foot �oknl— Waiver Required Yes ^ In DWQ Buffer Area Yes Closest Maj. Wtr, ,Body �d_/ Specify DWQ Buffer if applicable: Restoration, / i Extension Granted Yes No NOV Date ° t CNOV Date --- Penalty Assessment Sent to Respondent Date Rcvd by DCM Date Assessment Extended Initial Req. Comp. Date XO Os Date Comp. Observed .—va-0/0^ 1 App./Permit Fee } Penalty Willful/Intent. Yes No i Continuing Other 71.0409 Ref. Restoration Letter Acceptance Date Recomm. Assess. i DCM Assess $ Is - $ Is is Total Formal Assessments, Appeals and Reductions Date Long Form Submitted Assessment Appealed Yes No Date Formal CPA Submitted El 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 EW ES PTS OEA • HHF IH SA DSCI SY - 1R LS TY PWS: FC: SS SC SP IF BF 404 Other: Restoration Required by the Respondent e No Dimensions in excess of permit/ unauthorized activities I Dimensions to restore Final dimensions allowed Actually restored Development Activities 00 -5-0 Y-S $a • Y r- ` p • Xz> ` je sin Habitat Description "<5 rem Closing Payment Received S_____--_—_Date._ —_ Date Case Closed &�"� 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 4, 2005 Mr. David S. Russotto, Managing Member Waterside Villages of Currituck, LLC P.O. Box 147 Harbinger, NC 27941 RE:RESTORATION ACCEPTANCE — CAMA VIOLATION #05.23A Dear Mr. Russotto: This letter is in reference to the Notice of Violation #05-23A sent to you dated July 20, 2005 for the installation of a concrete drop inlet within the Estuarine Shoreline adjacent to the Currituck Sound. The violation took place on your property located east of US 158 at the former Jellystone Campground site in the community, of Grandy in Currtuck County, North Carolina. This unauthorized activity constituted development and you were requested to remove the concrete drop inlet, placed within 12 feet of the normal water level of an existing basin on the property, and stabilize the disturbed area. 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 September 22, 2005 to inspect the restoration of the unauthorized activity addressed in the Notice of Violation #05-23A. 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. Sincerely, Frank A. Jenning , III Coastal Management Representative FAJ:ybc 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 \Affirmative Action Employer — 30% Recycled by Fiber Weight cc: Ted Tyndall, Assistant Director, DCM, Morehead City Ted Sampson, District Manager, DCM, Elizabeth City Roy Brownlow, Compliance Coordinator, DCM, Morehead City Raleigh Bland, US Army Corps of Engineers, Washington Environmental Professionals, Inc., Kill Devil Hills Bill Moore, Division of Water Quality, Washington 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 4, 2005 Mr. David S. Russotto, Managing Member Waterside Villages of Currituck, LLC P.O. Box 147 Harbinger, NC 27941 RE:RESTORATION ACCEPTANCE — CAMA VIOLATION #05.23A Dear Mr. Russotto: This letter is in reference to the Notice of Violation #05-23A sent to you dated July 20, 2005 for the installation of a concrete drop inlet within the Estuarine Shoreline adjacent to the Currituck Sound. The violation took place on your property located east of US 158 at the former Jellystone Campground site in the community, of Grandy in Currituck County, North Carolina. This unauthorized activity constituted development and you were requested to remove the concrete drop inlet, placed within 12 feet of the normal water level of an existing basin on the property, and stabilize the disturbed area. 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 September 22, 2005 to inspect the restoration of the unauthorized activity addressed in the Notice of Violation #05-23A. 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. Sincerely, Ar yj,...yf f Ci Frank A. Jenning , III Coastal Management Representative FAJ:ybc 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 1 Affirmative Action Employer— 30% Recycled by Fiber Weight cc: Ted Tyndall, Assistant Director, DCM, Morehead City Ted Sampson, District Manager, DCM, Elizabeth City Roy Brownlow,''Compliance Coordinator, DCM, Morehead City Raleigh Bland, US Army Corps of Engineers, Washington Environmental Professionals, Inc., Kill Devil Hills Bill Moore, Division of Water Quality, Washington e�� w NCDENR North Carolina Department of Environment and Natural Division of Coastal Management Michael F. Easley, Governor CERTIFIED MAIL RETURN RECEIPT REQUESTED Charles S. Jones, Director NOTICE OF VIOLATION July 20, 2005 166 ^ �, N Resources William G. Ross Jr., Secretary Mr. David S. Russotto, Managing Member Waterside Villages of Currituck, LLC P.O.Box1 7 27941 MorL:i�t;ad City DCjvl Harbger,RE: NOTICE OF VIOLATION AND REQUEST TO CEASE UNAUTHORIZED DEVELOPMENT CAMA VIOLATION #05.23A Dear Mr. Russotto: This letter confirms that on July 1, 2005,1 was onsite at your property located east of US 158 at the former Jellystone Campground site approximately three-quarters of a mile south of Walnut Island Boulevard and Hardee's Restaurant, in Grandy, adjacent to the Currituck Sound, and located in Currituck County, North Carolina. The purpose of the visit was to conduct a site inspection in preparation of a field report for a CAMA Major Permit application for development at the site. Information gathered by me for the Division of Coastal Management indicates that you have undertaken major development in violation of the Coastal Area Management Act (CAMA). No person may undertake Major Development in a designated Area of Environmental Concern (AEC) without first obtaining a permit from the North Carolina Department of Environment and Natural Resources. This requirement is imposed by North Carolina General Statute (N.C.G.S.) 11 3A-1 18. I have information that indicates you have undertaken or are legally responsible for the installation of a concrete drop inlet within 12 feet of the normal water level (NWL) of an existing basin on the property and for land disturbing activity of more than one acre partially located within 75 feet of the NWL of the same basin. This activity took place in the Estuarine Shoreline that is contiguous with the Albemarle Sound. The Estuarine Shoreline area is 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 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 Waterside Villages of Currituck, LLC July 20, 2005 Page 2 of 2 It is the policy of the Coastal Resources Commission to levy a minimum civil assessment of $500 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, Subchapter07H. State Guidelines for Areas of Environmental Concern, the activity you have undertaken, installation of a concrete drop inlet in the Estuarine Shoreline AEC, is not consistent with Section 07H.0209, which authorizes only water dependent activities within 30 feet of the normal water level. Therefore, I am requesting that the drop inlet be removed, the disturbed area be stabilized, and that you submit a revised site plan for your CAMA Major Permit application depicting all activities proposed for CAMA designated AECs. Please refer to the enclosed Restoration Agreement. 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. Your CAMA Major Permit application will remain on hold and incomplete until you provide an accurate site plan. The relevant statutes and regulations are available complying with the requirements of these laws. A determine whether this REQUEST TO CEASE AND contact me immediately. from this office, and I am willing to assist you in- site.inspection will be made in the near future to DESIST has been complied with. I request that you 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 viill 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. Sincerely, "J, let � J Frank A. Jennings, III Coastal Management Representative FAJ/ybc Waterside Villages of Currituck, LLC ` July 20, 2005 Page 3 of 3 cc: Ted Tyndall, Assistant Director, DCM, Morehead City rTed Sampson, District Manager, DCM, Elizabeth City 1--Roy Brownlow; Compliance Coordinator, DCM, Morehead City Raleigh Bland, US Army Corps of Engineers, Washington Environmental Professionals, Inc., Kill Devil Hills Bill Moore, Division of Water Quality, Washington ENCLOSURE Waterside Villages of Currituck, LLC " July 20, 2005 Page 4 of 4 RESTORATION PLAN For Waterside Villages of Currituck, LLC Property CAMA Violation No. 05-23A Property located in Currituck County iSAs / I DROAi rN1 Si - YO rj6 i �'E�hroU� 0 01 STµrt Lot e"* ,5rAa/LI L ED, Soc��r1• I, David Russotto, Managing Member for Waterside Villages of Currituck, LLC, agree to restore said property located east of US 158 at the former Jellystone Campground site approximately three-quarters of a mile south of Walnut Island Blvd. and Hardee's Restaurant in Grandy, Currituck County, as requested in the plan listed above. I agree to complete this restoration to the satisfaction of the Division of Coastal Management (DCM) by August 20, 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 minimum civil assessment $500, 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. 11-Occ-05 NC DIVISION OF COASTAL MANAGEMENT ENFORCEMENT RECORD (CASE STATUS CASEISCLOSED CASE NUMBER LAST NAME FIRST NAME BUSINESS NAME: 05-23A IFILISSOTTO DAVID WATERSIDE VILLAGES OF CURRI Previous Violations in Same AEC for Similar Activities NOV DATE CLOSURE DATE Elapsed Days AFFLILIATION SECTOR 7/20/2005 83 LEGAL AGENT 1COMMERCIAL MAILING ADDRESS CITY STATE ZIP CODE PHONE NUMBER POB 147 HARBINGER NC 27847I PROPERTY ADDRESS COMMUNITY WATERBODY NEAREST ROAD GRANDY CURRITUCK SOUND US 158 DISTRICT OFFICE COUNTY DCM REPRESENTATIVE LPO CONTACT ECDO CURRITUCK IJENNINGS VIOLATION TYPE AFFECTED AEC(S)' CW I EW PTA O❑ ES .J PTS MAJOR CAMA i I OEA I HHFA ❑ IHA ❑ PWS ❑ NCRA� NATURE OF VIOLATION AEC DESCRIPTION Unauthorized major development by installing a concrete drop inlet in an existing basin and engaging in land disturbing activity within the ES AEC adjacent to Currituck Sound. RESTORATION STATUS RESTORATION REQUEST DATE COMPLETION DATE Jj 1 8/20/2005 9/22/2005 RESTORATION NOT REQUIRED - CONTRACTOR ❑ RESTORATION EXTENDED RESTORE DATE DEADLINE - RESTORATION NOT REQUIRED - PERMITTABLE DEVELOPMENT ! EXTENDED -', RESTORATION NOT REQUIRED - FURTHER IMPACTS ❑ REFERRED TO AG'S OFFICE - INJUNCTION RESTORATION PENDING j INJUNCTION DATE: ❑ REFERRED TO AG'S OFFICE - COLLECTION COLLECTION REQUEST DATE: F— ASSESSMENT DATE PENALTY AMOUNT COLLECTION DATE AMOUNT COLLECTED PENALTY STATUS I _.. PENALTY ISSUED J WILLFUL & INTENTIONAL PENALTY (MIN. OR DOUBLED) j ❑ PENALTY NOT ISSUED ❑ CNOV ISSUED FCNOV DATE j ❑ CONRACTOR'S FIRST OFFENSE _I PENALTY APPEALED APPEAL DATE I FORMAL CPA ISSUED FORMAL CPA DATE -I SETTLED, AGREED UPON, STIPULATED PENALTY rSETTLEMENT DATE ❑ UNCOLLECTIBLE PENALTY I UNCOLLECTIBLE DATE Violations Involving Adversely Impacted Resources AMOUNT OF ADVERSELY DISTURBED AREA (SQ. FT.) r�— AMOUNT OF RESTORED AREA (SO. FT) NOTES Waterside Villages of Currituck, LLC has a accepted and revised site plan submitted. process. Application put on hold until restoration is 17-Oa-05 NC DIVISION OF COASTAL MANAGEMENT ENFORCEMENT RECORD CASE STATUS CASE NUMBER UST NAME FIRST NAME BUSINESS NAME: • CASE IS OPEN F o5-2IA RUSSOTTO DAVID IWATERSIDE VILLAGES OF CURRI CASE IS CLOSED I Previous Violations in Same -' AEC for Similar Activities NOV DATE rCLOSURE DATE Elapsed Drys AFFLILIATION SECTOR 7120/2005 1 BB LEGAL AGENT COMMERCIAL MAILING ADDRESS CITY STATE ZIP CODE PHONE NUMBER POB 147 HARBINGER NC PROPERTY ADDRESS COMMUNITY WATERBODY NEAREST ROAD I 7MMF CURRITUCK SOUND US 158 DISTRICTOFFICE COUNTY DCM REPRESENTATIVE LPO CONTACT ECDO CURRITUCK JENNINGS VIOLATION TYPE MAJOR CA NATURE OF VIOLATION AEC DESCRIPTION and major development by installing a concrete drop inlet in an activity Within the ES AEC adjacent to Currituck Sound. ❑CW ❑EW I JPTA []ES ❑PTS [ 1 OEA ❑ HHFA IHA PWS ❑ NORA (RESTORATION STATUS RESTORATION REQUEST DATE COMPLETION DATE IV RESTORATION REQUIRED 8/20/2005 9/22/2005 RESTORATION NOT REQUIREDCONTRACTORRESTORATION EXTENDED RESTORE DATE DEADLINE RESTORATION NOT REQUIRED - PERMITTABLE DEVELOPMENT EXTENDED RESTORATION NOT REQUIRED -FURTHER IMPACTS - REFERRED TO AG'S OFFICE -INJUNCTION INJUNCTION DATE: r- RESTORATION PENDING REFERRED TO AG'S OFFICE -COLLECTION COLLECTION REQUEST DATE: F_ ASSESSMENT DATE PENALTY AMOUNT COLLECTION DATE AMOUNT COLLECTED PENALTY ISSUED 0/7/20 PENALTY STATUS 105 $5 00 F- r- (✓• ❑ WILLFUL 81NTENnONAL 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 PENALTYF SETTLEMENT DATE ❑ UNCOLLECTIBLE PENALTY r-UNCOLLECTIBLE DETERMINATION DATE Violations Involving Adversely Impacted Resources AMOUNT OF ADVERSELY DISTURBED AREA (SQ. FT.) AMOUNT OF RESTORED AREA (SQ. F) ( - NOTES a Villages or CumtucK, LLo has a major application in process. Application pin on and revised site plan submitted. o4-"ov-05 NC DIVISION OF COASTAL MANAGEMENT ENFORCEMENT RECORD CASE NUMBER LAST NAME FIRST NAME BUSINESS NAME: 723A 1RUSSOTTO IWATERSIDE VILLAGES OF CURRI : , CASE IS CLOSED _ Previous Violations in Same AEC for Similar Activities NOV DATE CLOSURE DATE Elapsed Days AFFLILIATION SECTOR 7/20/2005 r 92 ILEGALAGENT COMMERCIAL MAILING ADDRESS CITY STATE ZIP CODE PHONE NUMBER POB 147 HARBINGER NC 27941- r PROPERTY ADDRESS COMMUNITY WATERBODY NEAREST ROAD GRANDY ICURRITUCK SOUND US 158 DISTRICT OFFICE COUNTY DCM REPRESENTATIVE LPO CONTACT ECDO CURRITUCK 1JENNINGS I VIOLATION TYPE MAJOR CAMA NATURE OF VIOLATION AEC DESCRIPTION and major development by installing a concrete drop inh activity within the ES AEC adjacent to Currituck Sound. 1-1 CW ❑ EW ❑ PTA 'VI ES _I PTS I OEA ❑ HHFA ❑ IHA i I PWS I NCRA an existing basin and enqaqinq in land RESTORATION REQUEST DATE COMPLETION DATE 8/20/2005 1 9/22/2005 ❑ RESTORATION NOT REQUIRED - CONTRACTOR - RESTORATION EXTENDED RESTORE DATE DEADLINE ❑ RESTORATION NOT REQUIRED - PERMITTABLE DEVELOPMENT EXTENDED ❑ RESTORATION NOT REQUIRED - FURTHER IMPACTS REFERRED TO AG'S OFFICE - INJUNCTION ❑ RINJUNCTION DATE: �— ESTORATION PENDING REFERRED TO AG'S OFFICE -COLLECTION -- COLLECTION REQUEST DATE: F— ASSESSMENT DATE PENALTY AMOUNT COLLECTION DATE AMOUNT COLLECTED 10lI/2005 $500 10/20/2005 $500 © PENALTY ISSUED `J WILLFUL & INTENTIONAL PENALTY MIN. OR DOUBLED) ❑ PENALTY NOT ISSUED ❑ CNOV ISSUED CNOV DATE ❑ CONRACTOR'S FIRST OFFENSE PENALTY APPEALED r APPEAL DATE I[ j FORMAL CPA ISSUED I FORMAL CPA DATE [ _ j SETTLED. AGREED UPON, STIPULATED PENALTY SETTLEMENT DATE UNCOLLECTIBLE PENALTY r—UNCOLLECTIBLE DETERMINATION DATE Violations Involving Adversely Impacted Resources AMOUNT OF ADVERSELY DISTURBED AREA (SO. FT.) F— AMOUNT OF RESTORED AREA (SQ. FT) NOTES 3 Villages of CUrrItUCk, LLC has a major application in process. Application put on and revised site plan submitted.