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HomeMy WebLinkAbout05-28D Plantation Inc21-Apr-05 NC DIVISION OF COASTAL MANAGEMENT ENFORCEMENT RECORD CASE STATUS' CASE NUMBER LAST NAME FIRST NAME BUSINESS NAME: • CASE �I 05-28D ISPETRINO JDAIVD PLANTATION, INC. CASE iSS CLOSED Nov DATE cLosuRe ogre AFFLILIATION SECTOR Previous Violations in Same AEC PROPERTY OWNE COMMERCIAL ❑ for Similar Activities ./1212005 MAILING ADDRESS CITY STATE ZIP CODE PHONE NUMBER 720-301 N. THIRD ST. WILMINGTON NC 28402. PROPERTY ADDRESS COMMUNITY WATERBODY NEAREST ROAD FORMER KINGS MHP SURF CITY STUMP SOUND SHELL ROAD DISTRICT OFFICE COUNTY DCM REPRESENTATIVE LPO CONTACT WIRO PENDER DAIL VIOLATION TYPE AFFECTED AEC(S) J CW n EW ,PTA JES PTS MAJOR CAMA plus DREDGE AND FILL OEA ❑ HHFA I IRA PWS I NCRA NATURE OF VIOLATION AEC DESCRIPTION Jthorized major development and violation of the State Dredge & Fill Law by engaging in land disturbing activitii involved filling a portion of coastal wetlands and mechanical excavation and filling within the CW and CS AECS cent to Banks Channel, Stump Sound. r RESTORATION STATUS] ------------------------ ICI RESTORATION NOT REQUIRED - CONTRACTOR RESTORATION NOT REQUIRED - PERMITTABLE DEVELOPMENT RESTORATION NOT REQUIRED - FURTHER IMPACTS RESTORATION PENDING RESTORATION REQUEST DATE COMPLETION DATE 5/12/2005�� RESTORATION EXTENDED RESTORE DATE DEADLINE EXTENDED ❑ REFERRED TO AG'S OFFICE - COLLECTION REFERRED TO AG'S OFFICE - INJUNCTION ASSESSMENT DATE PENALTYAMOUNT COLLECTION DATE AMOUNT COLLECTED -VNALTY STATUS i 1 ❑ PENALTY ISSUED ❑ PENALTY NOT ISSUED ❑ WILLFUL INTENTIONAL PENALTY (MIN. OR DOUBLED) ❑ CNOV ISSUED ❑ CONRACTOR'S FIRST OFFENSE ❑ SETTLED, AGREED UPON, OR STIPULATED PENALTY ❑ PENALTY APPEALED -I UNCOLLECTIBLE PENALTY ❑ FORMAL CPA ISSUED Violations Involving Adversely Impacted Resources AMOUNT OF ADVERSELY DISTURBED AREA (SO. FT.) 270 AMOUNT OF RESTORED AREA (SO. FT) F_ NOTES see case no. 05-29D Thomas, Tim (Thomas Disaster Services) - contractor for Plantation, Inc.- Spetrino. ©4051;lr " 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 May 27, 2005 Plantation, Inc. J U N 1 1 U 05 C/o David Spetrino 720-301 N. Third Street Wilmington, NC 28402 Morehead City DCAII - RE. Payment of Proposed Penaltyfor Violations of the Coastal Area ManagementAct, former King's Mobile Home Park, Pender County CAMA Violation #05-28D Dear Mr. Spetrino: This letter will acknowledge receipt of Check #13081, provided on behalf of Plantation, Inc, in the amount of $1,000.00, and dated May 27, 2005. 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 Wilmington Regional office, 910-796-7302. L 1 J Lrl l:l lVlal lab' cl cc: Roy Brownlow, DCM WIRO Copy NIM �, , ,,6-h 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 May 25, 2005 CERTIFIED MAIL 7004 2890 0002 3425 2668 RETURN RECEIPT REQUESTED Plantation, Inc. C/o David Spetrino 720-301 N. Third Street Wilmington, NC 28402 RE. CAMA VIOLATION #05-28D Dear Mr. Spetrino: This letter is in reference to the Notice of Violation that Jason Dail, representative for the Division of Coastal Management, sent to you on 4/12/2005, for land disturbing activities and wetlands fill within the Estuarine Shoreline and Coastal Wetland Areas of Environmental Concern (AEC). The violation occurred at your property (formerly King's Mobile Home Park), located along NC Hwy 210, across from Shell Road, adjacent to Banks Channel and Stump Sound, in Surf City, Pender County, North Carolina. The violation involved the Estuarine Shoreline and Coastal Wetlands, both of which are Areas of Environmental Concern designated by the Coastal Resources Commission. Based upon the site visit conducted on 5/17/2005, by Jon Giles, the restoration requested is 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. This is 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 Resource Commission, a civil penalty, in the amount of $1,000.00 is appropriate for this violation. Therefore, a $1,000.00 penalty is informally proposed against you. You may expeditiously resolve this matter at this time by accepting responsibility for the violation, waiving your right to an administrative hearing, and paying the amount proposed above. In order to do this, you must: (1) sign one of the attached copies of a "Waiver of Right to an Administrative Hearing and Agreement to Pay Civil Assessment;" (2) attach a check or money order for $1,000.00 made payable to the North Carolina Department of Environment and Natural Resources (NCDENR) and (3) return the signed waiver 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. 127 Cardinal Drive Ext., Wilmington, North Carolina 28405-3845 Phone: 910-796-72151FAX: 910-395.396411nternet: www.ncooastalmanagement.net An Equal Opportunity 1 Affirmative Action Employer- 50% Recycled 110% Post Consumer Paper David Spetrino 5/25/05 Page 2 of 3 If you do not send a signed waiver 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. 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 (910 796-7290. Sincerely, Jim egson t Manager, DCM Enclosures cc: Ted Tyndall, Assistant Director, DCM Roy Brown, Compliance Coordinator, DCM Jason Dail, Express Permitting Coordinator JUN 1 ?005 Morehead Q.ty i 127 Cardinal Drive Ext., Wilmington, North Carolina 28405-3845 Phone: 910-796.7215\ FAX 910-395.3964 \ Internet: www.nccoastalmanagement.net An Equal Opportunity \ Affirmative Action Employer— 50% Recycled \ 10% Post Consumer Paper David_Spetrino 5/25/65 Page 3of3 CAMA VIOLATION #05-28 WAIVER OF RIGHT TO ADMINISTRATIVE HEARING AND 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 $1,000.00 against me for violation of the Coastal Area Management Act, NCGS 113A-100 et m, committed on or near my property (formerly King's Mobile Home Park), located along NC Hwy 210, across from Shell Road, adjacent to Banks Channel and Stump Sound, in Surf City, Pender County, North Carolina. I also understand that I have a right under G.S. 113A-126(d)(3) and 150B-23 to a quasi-judicial administrative hearing on the alleged violation and proposed civil penalty. 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 4/12/05, voluntarily waive my legal right to an administrative hearing, and agree to pay the civil assessment of $1,000.00. I understand that in doing so, I also hereby foreclose any right of appeal to the Superior Court of North Carolina. DATE SIGNATURE ADDRESS TELEPHONE NUMBER _ems NCDENR North Carolina Department of Environment and Natural Division of Coastal Management Michael F. Easley, Governor Charles S. Jones, Director May 18, 2005 Plantation, Inc. C/o David Spetrino 720-301 N. Third Street Wilmington, NC 28402 RE: RESTORATION COMPLETION OF CAMA VIOLATION #05-28D Dear Mr. Spetrino: Resources Wiil�llliji��a��m G. Ross Jr., Secretary k4Y t7 �Q Q5 Morehead City DC 44 This letter is in reference to the Notice of Violation (#05-28) issued to you by Jason Dail, on April 12, 2005, which involved land disturbing activities within the coastal wetland and coastal shoreline Areas of Environmental Concern (AEC), adjacent to Banks Channel and Stump Sound, in Surf City, Pender County, North Carolina. This unauthorized and un-permitted activity constituted development. In accordance with the North Carolina Administrative Code, Title 15A, Subchapter 7J.0410, any violation involving development which is inconsistent with guidelines for development with 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. Jon Giles, field representative with the Division of Coastal Management, conducted a site visit at the aforementioned property on May 17, 2005, to inspect the restoration of the unauthorized activity addressed in the Notice of Violation dated April 12, 2005. Based on this inspection, it has been determined that the restoration has been accomplished to the satisfaction of this Division. Pending 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 (910) 796-7302. cerely, on Dar Coastal Management Representative Cc: Ted Tyndall, DCM Jim Gregson, DCM Roy Brownlow, DCM 127 Cardinal Drive Extension, Wilmington, North Carolina 28405-3845 Phone: 910-395-3900\Fax: 910-350-2004 \ Internet: http://dcm2.enr.state.nc.us An Equal Opportunity \Affirmative Action Employer - 50% Recycled \10% Post Consumer Paper 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 12, 2005 CERTIFIED MAIL 7002 2410 0003 17212121 RETURN RECEIPT REQUESTED Plantation, Inc. C/o David Spetrino 720-,301 N. Third Street Wilmington, NC 28402 RE:NOTICE OF VIOLATION AND REQUEST TO CEASE UNAUTHORIZED DEVELOPMENT CAMA VIOLATION # 05-28D Dear Mr. Spetrino: This letter confirms that on April 8, 2005, Jon Giles and Jason Dail were onsite at your property (formerly King's Mobile Home Park) located along NC Hwy 210, across from Shell Road, adjacent to Banks Channel and Stump Sound, in Surf City, Pender County, North Carolina. The purpose of the visit was to investigate a complaint concerning unauthorized development, more specifically, land disturbing activities within the coastal wetland and coastal shoreline Areas of Environmental Concern (AEC), adjacent to Banks Channel. 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 land disturbance activities on the aforementioned property. This activity took place in coastal wetlands along the coastal shoreline AEC that is contiguous with Banks Channel and Stump Sound. Coastal wetland and coastal shoreline areas are designated as Areas 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). 127 Cardinal Drive Ext., Wilmington, North Carolina 28405-3845 Phone: 910-395-39001 FAX: 910-350-20041 Internet: www.nccoastaimanagement.net Mr. Spetrino April 12, 2005 NOV 405-28D Page 2 of 3 It is the policy of the Coastal Resources Commission to levy a minimum civil assessment of $500.00 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. You are also in violation of the State's Dredge and Fill Act which requires a permit from the North Carolina Department of Environment and Natural Resources before undertaking any excavating or filling in any estuarine waters, tidelands, marshlands, or state-owned lakes pursuant to N.C.G.S. 113-229. Therefore, I also request that you immediately CEASE AND DESIST such unauthorized activity and contact me about this matter as well. Violations of the State's Dredge and Fill Act may be enforced by a criminal penalty or a civil action for damages or an injunction in accordance with N.C.G.S.113-229. Based upon the North Carolina Administrative Code, Title 15A, Subchapter 07H. State Guidelines for Areas of Environmental Concern, the activity you have undertaken, by filling a 3' x 90' area of upper coastal wetlands in the coastal wetland and coastal shoreline AECs, is not consistent with Section 7H .0209 (d)(4), which states that development shall not have a significant adverse impact on estuarine and ocean resources. Significant adverse impacts shall include, but not be limited to, development that would directly or indirectly impair water quality standards, increase shoreline erosion, alter coastal wetlands or Submerged Aquatic Vegetation (SAV). Therefore, I am requesting that you restore the appropriate sections of altered wetlands to its original condition. Please refer to the enclosed Restoration Agreement. You are requested to submit a restoration proposal for approval by this office before initiating any restoration by 4/27/05. The enclosed Restoration Plan describes the action necessary to bring this project into compliance with the Act. 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 near 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. If you have any questions about this or related matters, please call me at (910) 395-3900. 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). 127 Cardinal Drive Ext., Wilmington, North Carolina 28405-3845 Phone: 910-395-39001 FAX: 910-350-20041 Internet: www.nccoastalmanagement.net An Equal Opportunity 1Affirmative Action Employer-50% Recycled 110% Post Consumer Paper Mr. Spetrino April 12, 2005 NOV #05-28D Page 3 of 3 Sincerely, 6; son Dal Express Permit Coordinator Cc:Ted Tyndall, Assistant Director, DCM Jim Gregson, District Manager, DCM Roy Brownlow, Compliance Coordinator, DCM r/ Jon Giles, DCM Steve Padgett, LPO AP,a 1 5 2005 Morehead City DCM 127 Cardinal Drive Ext., Wilmington, North Carolina 28405-3845 Phone: 910-395-39001 FAX: 910-350-20041 Internet: www.nccoastalmanagement.net An Equal Opportunity 1 Affirmative Action Employer— 50% Recycled 110% Post Consumer Paper RESTORATION PLAN For Plantation, Inc. Property Property located along NC Hwy 210, at the former King's MHP, Pander County Restore the area of filled/altered coastal wetlands back to the original condition (area within red border). This may be accomplished by removing the fill material by hand, via grading/raking, to the original grade. This restoration plan does not approve the use of mechanized equipment to restore the affected areas. I, David Spetrino, agree to restore the altered areas of coastal wetlands back to the original condition. I agree to complete this restoration to the satisfaction of the Division of Coastal Management by 5/12/05, or provide an explanation for non-compliance and a reasonable request for time extension. SIGNATURE: DATE: It is the policy ofthe Coastal Resources Commission to levy a minimum civil assessment $500.00 and higher against all violations ofthis type depending upon the damage to the resources. Ifrestoration is not undertaken or satisfactorily completed, a substantially higher civil assessment will be levied and an injunction sought to require restoration. 127 Cardinal Drive Ext., Wilmington, North Carolina 28405-3845 Phone: 910-395-39001 FAX: 910-350-20041 Internet: www.nccoastaimanagement.net An Equal Opportunity 1 Affirmative Action Employer — 50% Recycled 110% Post Consumer Paper North Carolina Michael F. Easley, Governor e�� NCDENR Department of Environment and NaturaF Resources Division of Coastal Management Charles S. Jones, Director William G. Ross Jr., Secretary NOTICE OF VIOLATION April 12, 2005 CERTIFIED MAIL 7002 2410 0003 17212121 RETURN RECEIPT REQUESTED Plantation, Inc. C/o David Spetrino 720-301 N. Third Street Wilmington, NC 28402 RE:NOTICE OF VIOLATION AND REQUEST TO CEASE UNAUTHORIZED DEVELOPMENT CAMA VIOLATION # 05-28D Dear Mr. Spetrino: This letter confirms that on April 8, 2005, Jon Giles and Jason Dail were onsite at your property (formerly King's Mobile Home Park) located along NC Hwy 210, across from Shell Road, adjacent to Banks Channel and Stump Sound, in Surf City, Pender County, North Carolina. The purpose of the visit was to investigate a complaint concerning unauthorized development, more specifically, land disturbing activities within the coastal wetland and coastal shoreline Areas of Environmental Concern (AEC), adjacent to Banks Channel. 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 land disturbance activities on the aforementioned property. This activity took place in coastal wetlands along the coastal shoreline AEC that is contiguous with Banks Channel and Stump Sound. Coastal wetland and coastal shoreline areas are designated as Areas 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). 127 Cardinal Drive Ext., Wilmington, North Carolina 28405-3845 Phone: 910-395-39001 FAX: 910-350-20041 Internet: www.nccoastalmanagement.net Mr. Spefrino April 12, 2005 NOV #05-28D Page 2 of 3 It is the policy of the Coastal Resources Commission to levy a minimum civil assessment of $500.00 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. You are also in violation of the State's Dredge and Fill Act which requires a permit from the North Carolina Department of Environment and Natural Resources before undertaking any excavating or filling in any estuarine waters, tidelands, marshlands, or state-owned lakes pursuant to N.C.G.S. 113-229. Therefore, I also request that you immediately CEASE AND DESIST such unauthorized activity and contact me about this matter as well. Violations of the State's Dredge and Fill Act may be enforced by a criminal penalty or a civil action for damages or an injunction in accordance with N.C.G.S.113-229. Based upon the North Carolina Administrative Code, Title 15A, Subchapter 07H. State Guidelines for Areas of Environmental Concern, the activity you have undertaken, by filling a 3' x 90' area of upper coastal wetlands in the coastal wetland and coastal shoreline AECs, is not consistent with Section 7H .0209 (d)(4), which states that development shall not have a significant adverse impact on estuarine and ocean resources. Significant adverse impacts shall include, but not be limited to, development that would directly or indirectly impair water quality standards, increase shoreline erosion, alter coastal wetlands or Submerged Aquatic Vegetation (SAV). Therefore, I am requesting that you restore the appropriate sections of altered wetlands to its original condition. Please refer to the enclosed Restoration Agreement. You are requested to submit a restoration proposal for approval by this office before initiating any restoration by 4/27/05. The enclosed Restoration Plan describes the action necessary to bring this project into compliance with the Act. 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 near 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. If you have any questions about this or related matters, please call me at (910) 395-3900. 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). 127 Cardinal Drive Ext., Wilmington, North Carolina 28405-3845 Phone: 910-395-39001 FAX: 910-350-2004 \ Internet: www.nccoastalmanagement.net An Equal Opportunity\Affirmative Action Employer— 50% Recycled \ 10% Post Consumer Paper Mr. Spetrino April 12, 2005 NOV #05-28D Page 3 of 3 Sincerely, �; son Dal Express Permit Coordinator Cc:Ted Tyndall, Assistant Director, DCM Jim Gregson, District Manager, DCM Roy Brownlow, Compliance Coordinator, DCM Jon Giles, DCM Steve Padgett, LPO IVIOR: dd City DCM 127 Cardinal Drive Ext., Wilmington, North Carolina 28405-3845 Phone: 910-395-39001 FAX: 910-350-20041 Internet: www.necoastalmanagement.net An Equal Opportunity 1 Affirmative Action Employer —50% Recycled 110% Post Consumer Paper RESTORATION PLAN For Plantation, Inc. Property Property located along NC Hwy 210, at the former King's MHP, Pender County Restore the area of filled/altered coastal wetlands back to the original condition (area within red border). This may be accomplished by removing the fill material by hand, via grading/raking, to the original grade. This restoration plan does not approve the use of mechanized equipment to restore the affected areas. I, David Spetrino, agree to restore the altered areas of coastal wetlands back to the original condition. I agree to complete this restoration to the satisfaction of the Division of Coastal Management by 5/12/05, or provide an explanation for non-compliance and a reasonable request for time extension. SIGNATURE: DATE: It is the policy of the Coastal Resources Commission to levy a minimum civil assessment $500.00 and 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. 127 Cardinal Drive Ext., Wilmington, North Carolina 28405-3845 Phone: 910-395-39001 FAX: 910-350-20041 Internet: www.nccoastalmanagement.net An Equal Opportunity \ Affirmative Action Employer- 50% Recycled \ 10% Post Consumer Paper