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05-20A Ludwig
LSB -A-1/ MTT A% TB rzi RB `' RB NCDENR North Carolina Department of Environment and Natural Division of Coastal Management Michael F. Easley, Governor Charles S. Jones, Director w H ag Z�06 Mor+rr� city OCM May 30, 2006 Mr. Dale Ludwig 8 Oak Grove Road Palmyra, VA 22963-2530 Resources RE: Payment of Proposed Penalty for Violations of the Coastal Area Management Act, Dare County, CAMA Violation #05-19A and #05-20A Dear Mr. Ludwig: This letter will acknowledge receipt of your Check #2555, in the amount of $200, and dated 05/22/06. Once the amount of the check is credited to the Department of Environment and Natural Resources' account, this matter will be fully and completely closed. As previously discussed, your Check #1776 for $250 is being returned, via attachment to this correspondence. If you have any further questions concerning this matter, please contact me at my Elizabeth City office at 252-264-3901. Sincerely, "fed Sampson District Manager TS/yc Attachment: Check #1776 cc: Ted Tyndall, As 'stant Director, DCM, Morehead City Brownl ompliance Coordinator, DCM, Morehead City Lynn at is, Coastal Management Rep., DCM, Elizabeth City 1367 U.S. 17 South, Elizabeth City, North Carolina 27909 Phone: 252-264-3901 1 FAX: 252.264.37231 Internet: www,nccoastalmanagement.net An Equal Opportunity 1 Affirmative Action Employer— 30% Recycled by Fiber Weight DCM ENFORCEMENT TRACKING REPORT Issuer/ 0 S -- 2 0 Field Rep. 1 L A S . 5 Violation Base No. }p A B —CD Violated Permit Na. LPJ ilr applicahlei Violation Description Was activity permittable? Yes / No Initial Discovery Date Discovery Method �GLi l/li.v ✓� L-ZG=/°n' Violation Description Respondent Information Prior Violations in same AEC: Yes I No Case. Number ;r Respondentame(s) °� e L �` d `^� (Landowner/Agent/Contractor) City State Zip zz q C° 3 Phone Fax # Email Violation Type: Project Type: Authorizations Required: Site Visits Respondent Site Visits Respondent pp& Present Present No Permit I Private/Community �z Major CAMA Permit Condition ❑ Gavt,IPublic El Minor D&F ElExpired Permit ❑Commercial' General ❑ Inconsistent wl Rules J Violation Location and Site Description Rover File 12.0 2-7- 1&14- , Project Location: County Shoreline Length Street Address/ State Road/ Lot #(s) SAV: Not Sure uffl No Subdivision �U,i i/�T vtt./5�vaz City River Basin - vc r4r / Phone # (—).— � '-�-�— — fnat I pkal— Adj. Wtr. Body Closest Maj. Wtr,Body IUJGVi?'�� �7Vti�1 Restoration NOV Date ! 2 CNOV Date -_! --- Sandbags: Not Sure PNA: ORW: Crit: Hab. Photos Waiver Required In DWQ Buffer Area Yes Yes t$ Adjacent Yes (91 Adjacent Yes 0 Yak No t) Nb Yes 0 Specify DWQ Buffer if applicable: Extension Granted Yes \No J Initial Req. Comp. Date 2v z j Restoration Letter Date Comp. Observed/—?2 z5 Acceptance Date — Penalty Assessment 71.0409 Ref. j Recomni. Assess. I DCM Assess, ---�-- Sent to Respondent Date _ �_✓ Rcvd by DCM Date Assessment Extended s i a Yes No APp,/Permit Fee i Penalty j( Ig $ Willfullintent. IS t Continuing i is i Other $ !$ — --I --- ----- Total Formal Assessments, Appeals and Reductions Date Long Form Submitted Date Formal CPA Submitted Final Assessment Assessment Appealed Yes No ❑ Penalty modified Attorney General's Office for Injunction or Formal Collection Date sent to AG, ❑ Respondant not responsive to penalty/NOV ❑ Injunction to complete restoration Date Collection Let. Sent Date Demand Let. Sent Violation Activities and Impacts AECs Affected: Wetlands Impacted? Yes ! No'j If yes, which types: CW � t9ES PTS SA DS Cl SY 1R LS TX OEA HHF IH SS SC SP IF BF 404 PWS: FC: Other. 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 AI r1TCCs t t DCM ENFORCEMENT TRACKING REPORT Issuer �Field Rep. /I tt L�, 5` 7—.-- LPOh,1iJ 111LY 2) y 71 LPJ Violation Description Initial Discovery Date 1 C 5 Violation Description Respondent Names) Violation Base No. S A B C D Violated Permit Nc v appltwble) Was activity permittable? es / No Discovery Method �GLs %324L in same AEC: Yes / No .C.ase:Number..; City State V, Zip Phone # — Fax # Email Violation Type: Project Type: Authorizations Required: Site Visits Respondent Site Visits Present Respondent Present No Permit 91 Private/Community Major CAMA Minor ❑ D&F cy ' 4? 5 ❑ El❑ Permit Condition ❑ Govt.IPublic CtJ Z? ❑ ❑ Expired Permit rPP,❑of ❑ commercial Gl, General t y % / l ❑ _ ❑ ❑ inconsistent wl Rules Violation Location and Site Description Rover File . Project Location: County 72 , Shoreline Length /— Street Address/ State Road/ Lot #(s) B SAM Not Sure eaa No -� _-- A%)/tf Sandbags: �• Not Sure Yes fa'od. , r PNA: Yes re Adjacent /I Subdivision, • •t �a1: 1�3f n� ORW: Yes Adjacent City_]—_ ZIP_ ����� — Crit.Hab, Yes W Phone # ( 7 River Basin Photos 6 No —_ "� Adj. Wtr. Body G%tJd49I r"a — Waiver Required In DWQ Buffer Area Yes No Closest Mai, Wtr. Body Specify DWQ Buffer if applicable: Restoration Extension Granted fe T'J No NOV Date �- s "` Initial Req, Comp. Date q 2�� _ Restoration Letter ,J/ �// Date Comp. Ob ved Acceptance Date CNOV Date ___ T�zf—�� — Penalty Assessment Sent to Respondent Date Rcvd by DCM Date - Assessment Extended Yes o 7.1.0409 Ref. Recomm. Assess. 1 DCM Assess. T App•IPermitFee 1.�1( '• - Is !{�•��! T --,_ Penalty iv��$ (G'fJ c•t: $_�__ Willful/Intent. $ _ Continuing $ 1 Other 1 $ $ Total I jy'. C_ Formal Assessments, Appeals and Reductions Date Long Fdrm Submitted Assessment Appealed Yes No Date Formal CPA Submitted ❑ Penalty modified Final Assessment Attorney General's Office for Injunction or Formal Collection Date sent to AG, ❑ Respondant not responsive to penaitylNOV ❑ 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 9I}{� } PTS OEA HHF ` SA DSCl SY • A LS TY. PWS: FC: SS SC SP IF BF 404 Other: Restoration Required by the Respondent es % No anslons In excess Dimensions to restore Final dimensions unauthorized activities I allowed I Actually restored Habitat Closing Payment Received $___-._�� % Date— -- Date Case Closed 02-Jun-06 NC DIVISION OF COASTAL MANAGEMENT ENFORCEMENT RECORD i CASE NUMBER LAST NAME FIRST NAME BUSINESS NAME: O 05-19A ILUDWIG JDALE CASE IS CLOSED �. Previous Violations In Same ❑ NOV DATE CLOSURE DATE Elapsed Days gFFLILIATION SECTOR AEC for Similar Activities $122/2005 i L&1 1PROPERTY OWNER PRIVATE MAILING ADDRESS CITY STATE ZIP CODE PHONE NUMBER 8 OAK GROVE ROAD 1PALMYRA VA 22963- 1 PROPERTY ADDRESS COMMUNITY WATERBODY NEAREST ROAD 1110 HARBOUR VIEW DR KILL DEVIL HILLS CANAL SYSTEM DISTRICTOFFICE COUNTY DCM REPRESENTATIVE LPO CONTACT ECDO DARE JJENNIKGS — I — VIOLATION TYPE AFFECTED AEC(S) ❑ CW © EWN❑ PTA ❑ ES ❑ PTS MAJOR CAMA ❑ OEA ❑ HHFA ❑ IHA ❑ PWS ❑ NCRA NATURE OF VIOLATION AEC DESCRIPTION ionzea major development by installing a personal watercraft lift within the EW and PTA AECs in the man - canal system contiguous with Colington Harbour and the Albemarle Sound. RESTGtRi�TION STATUS ❑ RESTORATION NOT REQUIRED - CONTRACTOR ❑ RESTORATION NOT REQUIRED - PERMITTABLE DEVELOPMENT ❑ RESTORATION NOT REQUIRED - FURTHER IMPACTS ❑ RESTORATION PENDING RESTORATION REQUEST DATE COMPLETION DATE 9/20/2005 1 9/27/2505 ❑ RESTORATION EXTENDED RESTORE DATE DEADLINE EXTENDED ❑ REFERRED TO AG's OFFICE�- INJUNCTION I INJUNCTION REFER DATE: ❑ REFERRED TO AG'S OFFICE - COLLECTION COLLECTION REQUEST DATE: I ASSESSMENT DATE PENALTYAMOUNT COLLECTION DATE AMOUNT COLLECTED PENALTY STATUS J $200 � $200 11/21/2005 1 $200 5/30/2006 PENALTY ISSUED ❑ ❑ WILLFUL &INTENTIONAL PENALTY (MIN. OR DOUBLED) PENALTY NOT ISSUED ❑ CNOV ISSUED F—CNOV DATE ❑ CONRACTOR'S FIRST OFFENSE ❑ PENALTY APPEALED IAPPEAL DATE r ❑ FORMAL CPA ISSUED I FORMAL CPA DATE ❑ SETTLED. AGREED UPON, STIPULATED PENALTY I —SETTLEMENIT DATE ❑ UNCOLLECTIBLE PENALTY I UNCOLLECTIBLE DETERMINATION DATE Violations Involving Adversely Impacted Resources AMOUNT OF ADVERSELY DISTURBED AREA (SO. FT.) AMOUNT OF RESTORED AREA (SQ. FT) NOTES notice of assessment issued 01/23/2006. Ludwig's other case no. 05-20A combined with this penalty. 02-Jun-06 NC DIVISION OF COASTAL MANAGEMENT ENFORCEMENT RECORD CASE STATUS CASE NUMBER LAST NAME FIRST NAME BUSINESS NAME. CASE IS OPEN I 05-Z0A 1LUDWIG DALE CASE IS CLOSED I Previous Violations in Same NOV DATE CLOSURE DATE Elapsed Days AFFLILIATION SECTOR El AEC for Similar Activities 7/28/2005 f---- F— PROPERTY OWNER 1PRIVATE MAILING ADDRESS CITY STATE ZIP CODE PHONE NUMBER 8 OAK GROVE ROAD PALMYRA VA 22963- �— PROPERTY ADDRESS COMMUNITY WATERBODY NEAREST ROAD 1108 HARBOUR VIEW DR 1KILL DEVIL HILLS 1ALBEMARLE SOUND F DISTRICT OFFICE COUNTY DCM REPRESENTATIVE LPO CONTACT ECDO DARE IL. MATHIS I VIOLATION TYPE LAFFECTED AEC(S) ❑ CW EW ill PTA LIES ❑ PTS MAJOR CAMA ❑ OEA ❑ HHFA ❑ IHA ❑ PWS ❑ NCRA NATURE OF VIOLATION AEC DESCRIPTION Unauthorized major development by installing a personal watercraft lift in a man-made canal contiguous with the Albemarle Sound within the EW. PTA AECs. RESTORATION STATUS RESTORATION REQUIRED �] RESTORATION NOT REQUIRED - CONTRACTOR ❑ RESTORATION NOT REQUIRED - PERMITTABLE DEVELOPMENT ❑ RESTORATION NOT REQUIRED- FURTHER IMPACTS ❑ RESTORATION PENDING RESTORATION REQUEST DATE COMPLETION DATE 8/20/2005 9/27/2005 RESTORATION EXTENDED RESTORE DATE ❑ DEADLINE EXTENDED ❑ REFERRED TO AG'S OFFICE - INJUNCTION INJUNCTION REFER DATE: F— ❑ REFERRED TO AG'S OFFICE - COLLECTION COLLECTION REQUEST DATE: F— PENALTY STATUS ASSESSMENT DATE PENALTY AMOUNT COLLECTION DATE AMOUNT COLLECTED S4 PENALTY ISSUED ❑ WILLFUL &INTENTIONAL PENALTY (MIN. OR DOUBLED) ❑ PENALTY NOT ISSUED ❑ CNOV ISSUED F—CNOV DATE CONRACTOR'S FIRST OFFENSE ❑ PENALTY APPEALED F APPEAL DATE ❑ FORMAL CPA ISSUED I FORMAL CPA DATE ❑ SETTLED. AGREED UPON, STIPULATED PENALTY SETTLEMENT DATE r ❑ UNCOLLECTIBLE PENALTY I UNCOLLECTIBLE DETERMINATION DATE Violations Involving Adversely Impacted Resources AMOUNT OF ADVERSELY DISTURBED AREA (SQ. FT.) AMOUNT OF RESTORED AREA (SQ. FT) F— NOTES Penalty combined with Ludwig 05-19A. r` ©7A NCDENR North Carolina Department of Environment and Natural Resources Division of Coastal Management Michael F. Easley, Govemor CERTIFIED MAIL RETURN RECEIPT REQUESTED Dale Ludwig 8 Oak Grove Road Palmyra, Virginia 22963 RE: CAMA VIOLATION #05-19A Dear Mr. Ludwig: Charles S. Jones, Director January 23, 2006 1L S B 0"" MTT h r LIJ lJAN 2 5 2006 ehead City DCM This letter is in reference to the Notice of Violation dated August 22, 2005 that Lynn Mathis, representative for the Division of Coastal Management, issued to you for unauthorized installation of a Jet Ski lift in a man- made canal off of the Albemarle Sound, located at 1110 Harbour View Drive in Colington Harbour Subdivision, Dare County. The violation involved Estuarine Waters and Public Trust Area, which are Areas of Environmental Concern designated by the Coastal Resources Commission. Based upon the waiver received from the adjacent riparian property owner, the restoration requested appears to be complete to the satisfaction of the Division of Coastal Management. The Coastal Area Management Act provides that a civil assessment of up to $2,500 may be assessed for any violation. It is the policy of the Coastal Resources Commission to assess a civil penalty for all violations in order to recover some of the costs of investigating violations and/or to compensate the public for any damage to its natural resources. Under the rules of the Coastal Resources Commission, a proposed civil penalty in the amount of $200.00 is appropriate for this violation. You may expeditiously resolve this matter prior to the assessment of a formal civil penalty by accepting responsibility for the violation and paying the amount proposed above. In order to do this, you must: (1) sign one of the attached copies of an "Agreement to Pay Civil Assessment;" (2) attach a check or money order for $200.00 made payable to the North Carolina Department of Environment and Natural Resources (NCDENR); and, (3) return the signed agreement and payment to this office in the enclosed, self-addressed envelope within ten (10) days of your receipt of this letter. Upon deposit of your check in the Department's account, you will receive a Notice of Compliance officially closing this enforcement action. 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.nccoastalmanagement.net An Equal Opportunity \ Affirmative Action Employer— 50% Recycled \ 10% Post Consumer Paper 1 I Dale Ludwig 1 January 23, 2006 Page 2 of 2 Thank you for your time and cooperation in resolving this important matter. If you have any questions, please do nothesitat4i contact me at (252) 264-3901. Sincerely, Ted Sam on, District Manager Division of Coastal Management Enclosures Ted Tyndall, Assistant Director, DCM Roy Brownlow, Compliance Coordinator, DCM Lynn Mathis, Coastal Management Representative, DCM Dale Ludwig January23, 2006 Page 3 of 3 CAMA VIOLATION # 05.19A Dale Ludwig AGREEMENT TO PAY PROPOSED CIVIL ASSESSMENT I understand that the staff of the Department of Environment and Natural Resources will propose the assessment of a civil penalty in the amount of $200.00 against me for violation of the Coastal Area Management Act, NCGS 113A-100 et Leg, committed on or near my property 1110 Harbour View Drive in Dare 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 August 22, 2005, and agree to pay the proposed civil assessment of $200.00. DATE SIGNATURE ADDRESS TELEPHONE NUMBER J ARA NCDENR North Carolina Department of Environment and Natural Division of Coastal Management Michael F. Easlev. Governor Charles S. Jones, Director November 21, 2005 CERTIFIED MAIL RETURN RECEIPT REQUESTED Dale Ludwig 8 Oak Grove Road Palmyra, Virginia 22963 RE. CAMA VIOLATION #05-20A Dear Mr. Ludwig: Resources William G. Ross Jr., Secretary LSB �RB TB _�RB MTT !21 E'D— 5 2005 Morehead City DCM This letter is in reference to the Notice of Violation dated August 22, 2005 that Lynn Mathis, representative for the Division of Coastal Management, issued to you for unauthorized installation of a Jet Ski lift in a man- made canal off of the Albemarle Sound, located at 1108 Harbour View Drive in Colington Harbour Subdivision, Dare County. The violation involved Estuarine Waters and Public Trust Area, which are Areas of Environmental Concern designated by the Coastal Resources Commission. Based on the restoration requirements the jetski lift was moved to an adjacent lot with a signed waiver from the adjacent riparian property owner, the restoration requested appears to be complete to the satisfaction of the Division of Coastal Management. The Coastal Area Management Act provides that a civil assessment of up to $2,500 may be assessed for any violation. It is the policy of the Coastal Resources Commission to assess a civil penalty for all violations in order to recover some of the costs of investigating violations and/or to compensate the public for any damage to its natural resources. Under the rules of the Coastal Resources Commission, a proposed civil penalty in the amount of $200.00 is appropriate for this violation. You may expeditiously resolve this matter prior to the assessment of a formal civil penalty by accepting responsibility for the violation and paying the amount proposed above. In order to do this, you must: (1) sign one of the attached copies of an "Agreement to Pay Civil Assessment;" (2) attach a check or money order for $200.00 made payable to the North Carolina Department of Environment and Natural Resources (NCDENR); and, (3) return the signed agreement and payment to this office in the enclosed, self-addressed envelope within ten (10) days of your receipt of this letter. Upon deposit of your check in the Department's account, you will receive a Notice of Compliance officially closing this enforcement action. 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 \ Intemet: www.nccoastalmanagement.net An Equal Opportunity \ Affirmative Action Employer —50% Recycled \ 10% Post Consumer Paper Dale Ludwig November 21, 2005 Page 2 of 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, /T ' SampsoA!District Manager Division of Coastal Management Enclosures cc: Ted Tyndall, Assistant Director, DCM Roy Brownlow, Compliance Coordinator, DCM Lynn Mathis, Coastal Management Representative, DCM Dale'Ludwig November 21, 2005 Page 3 of 3 CAMA VIOLATION # 05-20A Dale Ludwig AGREEMENT TO PAY PROPOSED CIVIL ASSESSMENT I understand that the staff of the Department of Environment and Natural Resources will propose the assessment of a civil penalty in the amount of $200.00 against me for violation of the Coastal Area Management Act, NCGS 113A-100 et sec , committed on or near my property 1108 Harbour View Drive in Dare 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 August 22, 2005, and agree to pay the proposed civil assessment of $200.00. DATE SIGNATURE ADDRESS TELEPHONE NUMBER DCM ENFORCEMENT TRACKING REPORT Issuer 0 5 -- 2- o Field Rzp. n ?. Violation Base No. f A B C D LPO �i M /i/Lc rR"'/J5 ❑ Violated Permit No. LPI (if applicable) Violation Description Was activity permittable? Yes / No Initial Discovery Date a2 2c 5 Discovery Method lC2o lfi/.v ✓0 Violation Description Description Respondentlnforl Respondent Name(s) Phone # Prior Violations in same AEC: Yes / No City An Y ro. Fax # StateZip ZZ?(03 Email Violation Type: Project Type: Authorizations Required: Site Visits Respondent Site Visits Respondent rV1Present Present No Permit ) PrivatelCommunity L29 Major LAMA 5? Z L d� 07 .Zulu Permit Condition ❑ Gavt.IPublic ❑Minor D&F ❑ Expired Permit ❑ commercial 7 General ❑ Inconsistent wl Rules / Violation Location and Site Description Rover File Project Location: County 0 emu' Street Address/ State Road! Lot #(s)— /bg City_— ZIP?7�15 Phone# River Basin 15 Adj. Wtr, BodytiI[@1Vokn)— 1 Shoreline Length A �' SAM Not Sure �r'3e No Sandbags: Not Sure PNA: ORW: Crit. Hab. Photos Waiver Required In DWQ Buffer Area Yes dM Yes (V6 Adjacent Yes (IV Adjacent Yes 0 ,,YrO? No L��?� N° Yes .0 Closest Maj. Wtn Body_ Specify DWQ Buffer if applicable: Restoration _. _ PYtansion Granted Yes No NOV Date CNOV Date - - Penalty Assessment Sent to Respondent Date - Rcvd by DCM Date -- Assessment Extended Yes No Initial Req. Comp. Date Restoration Letter Date Comp. Observed V �� �vL �> S Acceptance Date �—2 7j.0409 Ref. TRecomm. Assess. 1 DCM Assess. App.lPermit Fee y j $ ' � $ lG�% z Penalty i $ lUe �$_�_�_ WillfulAntent. Continuing is Other is i$ i Total 1 1400 �/ i �I�G/(�e, 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 Date Collection Let. Sent Date Demand Let. Sent Violation Activities and Impacts AECs Affected: Wetlands Impacted? Yes If yes, which types: CW ID To ES PTS OEA • HHF IH SA DSCJ SY JR LS TY SS SC SP IF BF 404 PWS: FC: Other: 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 ninrcc. Closing Payment Received S___.__--_---_Date._ -- Date Case Closed 20-Dee-05 NC DIVISION OF COASTAL MANAGEMENT ENFORCEMENT RECORD CASE NUMBER LAST NAME FIRST NAME BUSINESS NAME: r 05-20A ILUDWIG DALE O CASE IS CLOSED j' Previous Violations in Same ❑ AEC for Similar Activities NOV DATE CLOSURE DATE Elapsed Days AFFLILIATION SECTOR 7/2812005 1 1 1' JPROPERFY OWNER PRIVATE _ .. MAILING ADDRESS CITY STATE ZIP CODE PHONE NUMBER 18OAK GROVE ROAD 1PALMYRA IVA 22963- 1 PROPERTYADDRESS COMMUNITY WATERBODY NEAREST ROAD 1108 HARBOUR VIEW DR IKILL DEVIL HILLS ALBEMARLE SOUND I DISTRICT OFFICE COUNTY DCM REPRESENTATIVE LPO CONTACT ECDO 167ARE 1L. MATHIS i� VIOLATION TYPE MAJOR CAMA NATURE OF VIOLATION ed major development by installing a Sound within the EW, PTA AECs. AFFECTED AEC(S). ❑ CW © EW © PTA ❑ ES ❑ PTS ❑ OEA ❑ HHFA ❑ IHA ❑ PAS ❑ NCRA AEC DESCRIPTION RESTORATION STATU8, ❑ RESTORATION NOT REQUIRED - CONTRACTOR ❑ RESTORATION NOT REQUIRED PERMITTABLE DEVELOPMENT ❑ RESTORATION NOT REQUIRED - FURTHER. IMPACTS ❑ RESTORATION PENDING a man-made canal contiguous with the RESTORATION REQUEST DATE COMPLETION DATE 8/20/2005 9/27/2005 ❑ RESTORATION EXTENDED RESTORE DATE DEADLINE EXTENDED ❑ REFERRED TO AG'S OFFICE - INJUNCTION INJUNCTION REFER DATE: ❑ REFERRED TO AG'S OFFICE - COLLECTION COLLECTION REQUEST DATE: I PENALTY. STATUS ASSESSMENT DATE PENALTY AMOUNT COLLECTION DATE AMOUNT COLLECTED � 11/21/2005 $200 1 1— © PENALTY ISSUED ❑WILLFUL &INTENTIONAL PENALTY (MIN. OR DOUBLED) ❑ PENALTY NOT ISSUED ❑ CNOV ISSUED �CNOV DATE ❑ CONRACTOR'S FIRST OFFENSE ❑ PENALTY APPEALED —y—APPEAL DATE ❑ FORMAL CPA ISSUED FORMAL CPA DATE ❑ SETTLED, AGREED UPON. STIPULATED PENALTY I SETTLEMENT DATE ❑ UNCOLLECTIBLE PENALTY I UNCOLLECTIBLE DETERMINATION DATE Violations Involving Adversely Impacted Resources AMOUNT OF ADVERSELY DISTURBED AREA (SQ. FT.)� AMOUNT OF RESTORED AREA (SQ. FT)-"" NOTES Re: Ludwig violation 05-20A Subject: Re: Ludwig violation 05-20A From: Ted Sampson <Ted.Sampson@ncmai1.net> Date: Tue, 06 Sep 2005 11:24:29 -0400 To: Roy Brownlow <Roy. Brownlow@ncmail. net> CC: Lynn Mathis <Lynn.Mathis@ncmai1.net> Roy, I have been updating my Nov records and found that we have two separate NOV5 for Dale Ludwig. The first is #05-19A, and the second is #05-20A. Both are for the installation of a boatlift without a permit within 15 feet of the neighbors' riparian lines. Mr. Ludwig owns two lots side--by-side, and placed a boatlift next to each neighbor, thus two Nova. I am not sure why you have two NOVs for #05-20A. The July 28, 2005 NOV for #05-19A was returned to us unclaimed by the owner; a second NOV was sent to the owner for this violation on August 22, 2005, and this one was claimed by the owner. The July 28, 2005 NOV for #05-20A was signed for by the owner on August 22, 2005, but the green card did not get back to us until later. I believe that Lynn Mathis, when she received the unclaimed NOV for case #05-19A, believed that both NOVs had been unclaimed, and therefore issued second NOV attempts on both cases. Best regards, Ted S. Roy Brownlow wrote: Frank: Hope this message finds you doing well. I just received another NOV for Ludwig's case no. 05-20A. I already have one (05-20A) on file dated 07/28/2005 and this recent duplicate NOV is dated 08/22/2005. Just wondering why the duplicate was issued so I can keep my records straight. Thanks for your assistance, R 1 of 1 9n12005 8:12 AM _LSB RB -�—TB RB NCDENR MTT 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 August 22, 2005 CERTIFIED MAIL RETURN RECEIPT REQUESTED !!9 2005 Dale Ludwig 8 Oak Grove Road Morehead City DCA A Palmyra, Virginia 22963 RE: NOTICE OF VIOLATION FOR UNAUTHORIZED DEVELOPMENT CAMA VIOLATION #05.20A Dear Mr. Ludwig: This letter confirms that on July 22, 2005, 1 was onsite of 1108 Harbour View Drive, Dare County, North Carolina. The purpose of the visit was to investigate the unauthorized installation of a Jet Ski lift in a man- made canal off of the Albemarle Sound, in Colington Harbour Subdivision. The electronic lift was installed on the waterward side of the bulkhead, within the riparian corridor of the neighbor at 1106 Harbour View Drive. Information gathered by me for the Division of Coastal Management indicates that the work was undertaken in violation of the Coastal Area Management Act (CAMA), and that you are legally responsible for the development described above, on the aforementioned property. This activity took place in Estuarine Water and Public Trust Area, which are Areas of Environmental Concern (AEC). 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. North Carolina General Statute (N.C,G.S.) 113A-118 imposes this requirement. 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. 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. 11 3A-1 26). It is the policy of the Coastal Resources Commission to levy a minimum civil assessment of $200.00 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. 1367 U.S.17 South, Elizabeth City, North Carolina 27909 Phone: 252-264-3901 \ FAX: 252-264-3723 \ Internet: www.nccoastaimanagement.net An Equal Opponunity\ Affirmative Action Employer— 50°h Recycled \ 10% Post Consumer Paper Dale Ludwig August 22, 2005 Page 2 Based upon the North Carolina Administrative Code, Title 15A, Subchapter 07H. State Guidelines for Areas of Environmental Concern, the activity you have undertaken, installation of a Jet Ski lift is not consistent with Section 07H .1208 0205(o), which states: "Piers, docks and boat houses shall not interfere with the access to any riparian property, and shall have a minimum setback of 15 feet between any part of the pier and the adjacent property lines extended into the water at the points that they intersect the shoreline. The minimum setbacks provided in the rule may be waived by the written agreement of the adjacent riparian owner(s), or when two adjoining riparian owners are co -applicants." Jet Ski lifts and boatlifts are considered a part of a normal docking system and are subject to the riparian setback requirement. Therefore, I am requesting that that you obtain the necessary waiver from your neighbor at 1106 Harbour View Drive, or remove the unauthorized lift. Please refer to the enclosed Restoration Agreement. If you intend to cooperate with this 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 has been complied with. Thank you for your time and cooperation in resolving this important matter. If you have any questions about this or related matters, please call me at (252) 264-3901. Upon completion of the restoration as requested in the Restoration Plan Agreement (to the satisfaction of the Division of Coastal Management), you will be notified as to the amount of the civil assessment for undertaking development without first obtaining the proper permit and/or development that is inconsistent with Coastal Resources Commission rules. Sincerely, Lynn W. Mathis Coastal Management Representative Cc: Ted Tyndall, Assistant Director, DCM Ted Sampson, District Manager, DCM Roy Brownlow, Compliance Coordinator, DCM Raleigh Bland, USACOE ENCLOSURE It is the policy of the Coastal Resources Commission to levy a minimum civil assessment of $$200.00 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. RESTORATION PLAN For Dale Ludwig CAMA Violation No. 05.20A Property located at 1108 Harbour View Drive in Colington Harbour, Dare County, North Carolina Owner. DodsWililams 1112 HarbourVieWDllve PL PL Owner. Dale l.uclvig 1110 HarbourVieWDrIve ownerDaieLud it 1108 HarbourVieWDrive Owner. Alberta Kronen 1106 HarbourViewOrive �i CANAL �n ^r r \Riparian tines Bulkhead Obtian a waiver from thi minimum 15 setback or remove the Jet Ski Lift. I, Dale Ludwig, agree to obtain the .necessary waivers from the adjacent riparian property owners or remove the unauthorized Jet Ski lift from 1108 Harbour View Drive. I agree to complete this restoration to the satisfaction of the Division of Coastal Management (DCM) by September 20, 2005, or provide in writing 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 of $200.00 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. & Rq t3�Uvtow Tbn �nn�Ati1, (/ A01 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 July 28, 2005 CERTIFIED MAIL RETURN RECEIPT REQUESTED Dale Ludwig 8 Oak Grove Road Palmyra, Virginia 22963 RE: NOTICE OF VIOLATION FOR UNAUTHORIZED DEVELOPMENT CAMA VIOLATION #05.20A Dear Mr. Ludwig: This letter confirms that on July 22, 2005, 1 was onsite of 1108 Harbour View Drive, Dare County, North Carolina. The purpose of the visit was to investigate the unauthorized installation of a Jet Ski lift in a man- made canal off of the Albemarle Sound, in Colington Harbour Subdivision. The electronic lift was installed on the waterward side of the bulkhead, within the riparian condor of the neighbor at 1106 Harbour View Drive. Information gathered by me for the Division of Coastal Management indicates that the work was undertaken in violation of the Coastal Area Management Act (CAMA), and that you are legally responsible for the development described above, on the aforementioned property. This activity took place in Estuarine Water and Public Trust Area, which are Areas of Environmental Concern (AEC). 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. North Carolina General Statute (N.C.G.S.) 113A-118 imposes this requirement. 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. 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). It is the policy of the Coastal Resources Commission to levy a minimum civil assessment of $200.00 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. 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— 50% Recycled 110% Post Consumer Paper or . a Dale Ludwig July 28, 2005 Page 2 Based upon the North Carolina Administrative Code, Title 15A, Subchapter 07H. State Guidelines for Areas of Environmental Concern, the activity you have undertaken, installation of a Jet Ski lift is not consistent with Section 07H .1208 0205(o), which states: 'Piers, docks and boat houses shall not interfere with the access to any riparian property, and shall have a minimum setback of 15 feet between any part of the pier and the adjacent property lines extended into the water at the points that they intersect the shoreline. The minimum setbacks provided in the rule may be waived by the written agreement of the adjacent riparian owner(s), or when two adjoining riparian owners are co -applicants." Jet Ski lifts and boatlifts are considered a part of a normal docking system and are subject to the riparian setback requirement. Therefore, I am requesting that that you obtain the necessary waiver from your neighbor at 1106 Harbour View Drive, or remove the unauthorized lift. Please refer to the enclosed Restoration Agreement. If you intend to cooperate with this 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 has been complied with. Thank you for your time and cooperation in resolving this important matter. If you have any questions about this or related matters, please call me at (252) 264-3901. Upon completion of the restoration as requested in the Restoration Plan Agreement (to the satisfaction of the Division of Coastal Management), you will be notified as to the amount of the civil assessment for undertaking development without first obtaining the proper permit and/or development that is inconsistent with Coastal Resources Commission rules. Sincerely, cj Lynn W. Mathis Coastal Management Representative Cc: Ted Tyndall, Assistant Director, DCM Ted Sampson, District Manager, DCM Roy Brownlow, Compliance Coordinator, DCM Raleigh Bland, USACOE ENCLOSURE It is the policy of the Coastal Resources Commission to levy a minimum civil assessment of $200,00 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. .a RESTORATION PLAN For Dale Ludwig CAMA Violation No. 05-20A Property located at 1110 Harbour View Drive in Colington Harbour, Dare County, North Carolina AL Owner. DorisWilliams 1112 HarbourVieWDrive Owner. Dale Ludvn'g 1110 HarbourViewDrive OwnerDateLuM.0 1108 HarbourVlewfta Riparian Property Owner: Alberta Kronen 1106 Harbour ViewDrive CANAL i i ,ex _"\Riparlan Una, euNhead Obtian a waiver from the minimum 15 setback or remove the Jet Ski Litt. I, Dale Ludwig, agree to obtain the necessary waivers from the adjacent riparian property owners or remove the unauthorized Jet Ski lift from 1108 Harbour View Drive. I agree to complete this restoration to the satisfaction of the Division of Coastal_ Management (DCM) by August 20, 2005; or provide in writing 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 of $200.00 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. RESTORATION PLAN For Dale Ludwig CAMA Violation No. 05-20A Property located at 1108 Harbour View Drive in Colington Harbour, Dare County, North Carolina PL PL Owner: Doris Williams 1112 HarbourViewDriue Owner Data Ludwig 11f0 HarbourVieWDrIve OwnerDale Luolaig 1108 HarbourViewOrive Owner. Alberta Kronen 1106 Harbour ViewDrive CANAL i i R'parlan floes Bulkhead Obtian a waiver from the minimum is setback or remove the Jet Ski Lift. I, Dale Ludwig, agree to obtain the necessary waivers from the adjacent riparian property owners or remove the unauthorized Jet Ski lift from 1108 Harbour View Drive. I agree to complete this restoration to the satisfaction of the Division of Coastal Management (DCM) by August 20, 2005, or provide in writing 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 of $200.00 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. DIVISION.OF COASTAL MANAGEMENT, ^! Name of Individual applying for Permit: ALE LUOM l civ Address of Property: or Street #, street or I hereby certify that I own property adjacent to the above referenced property. The individual applying for this permit has described to me as shown on the attached drawing the development they are proposing. A description or drawing, with dimensions, should be provided with this letter. —4 I have no objections to this -proposal . , . li V, aliJeciroasfi i= 8�Y-0posa FJ If you have objections to what is being proposed, please write the Division of Coastal Management, 1367 US 17 South, Elizabeth City, NC, 27909 or call (252) 264-3901 within 10 days of receipt of this notice. No response is considered the sauce as no objection if you have been notified by Certified Mail. WAIVER SECTION I understand that a pier, dock, mooring pilings, breakwater, boat house, or lift must be set back a minimum distance of 15' from my area of riparian access unless waived by rite. (If you.wish to waive the setback, you must initial the appropriate blank below.) I do wish to waive the 15' setback requirement. I do not wish to waive the 15' setback requirement. Adjacent Riparian Signature/Date Print or Type Name Ilo6_ 1-f'69lex& Utbw LleiJi✓ Address + Imo, INDICATE: W111Qir Amswtm AbPPUES ANO S►GPb . -NAAK �w (,4re o-n{IE:st S%DL OF TEAM FaKM Telephone Number FOIL A oia&W 1t Q OF "RIB RMgE3T- Property located at 1108 Harbour View Drive in Colington Harbour, Dare County, North Carolina owner. Doris wnrans 1112 RarbourwewDdue Owner. DaleLudwig 111ORarbourViewDdue m RMIA vjc p1m CANAL PL -- --- b / OwnerDaIaLudwiq / / `Mparian 1108 RarbourwewDtke / . e�heeuOitS � t nt G SET St', UtF-r. 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