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05-37A Kunstbeck
Mr. Greg Kunstbeck RECEIVE® July 21, 2006 Page 3 NOV g 2006 COASTAL MANAGEMENT CAMA VIOLATION #05.37A ELIZABETH CITY Greg Kunstbeck AGREEMENT TO PAY PROPOSED CIVIL ASSESSMENT a I understand that the staff of the Department of Environment and Natural Resources will propose thebe%f assessment of a civil penalty in the amount of $200 against me for violation of the Coastal Area Management Act, NCGS 113A-100 at sec, committed on or near my property located adjacent to 535 Swan Road in Currituck County, North Carolina. In order to resolve this matter with nofurtheraction orexpense onmypart, I accept responsibility for the violation as described in the Notice of Violation letter dated December 13, 2005, and agree to pay the proposed civil assessment of $200. /0C� DATE SIGNATURE d /Ab S 1n1-�a✓/cam ADDRESS P0Ax1,-;� k)G Z7-y2,,,-f— b: ) TELEPHONE NUMBER 400 Commerce Avenue, Morehead City, North Carolina 28557 Phone: 252-808-2808 \ FAX: 252-247-3330 \ Internet: www.ncc6astaimanagement.net An Eoual O000rtunity 1 Affirmative Actlon EmD[over-50% Rrr:w.led 110OG Pnet Cnnsnmer Paner LSB TB MTT 11 / RB NCDENR North Carolina Department of Environment and Natural Resources Division of Coastal Management Michael F. Easley, Governor Charles S. Jones, Director t November 9, 2006 NOV 1 6 200E Morehead City DCM Mr. Greg Kunstbeck 2116 Sandfrddler Road Corolla, NC 27927 RE: Payment of Proposed Penalty for Violations of the Coastal Area Management Act, Currituck County, CAMA Violation #05-37A Dear Mr. Kunstbeck: This letter will acknowledge receipt of Check #1996 from Willard T. Morris of Virginia Beach, VA in the amount of $200, dated 10/25/2006, and designated as payment for your Notice of Violation #05-37A. 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 the Elizabeth City office at 252-264-3901, ext. 235. Sincerely, Vings, Frank A. Je III District Manager Northeast District FAJ/ybc cc: Ted Tyndall, Assistant Director, DCM, Morehead City Roy Brownlow, Compliance Coordinator, DCM, Morehead City John Cece, Coastal Management Rep., DCM, Elizabeth City 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 — 30% Recycled by Fiber Weight 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 CERTIFIED MAIL RETURN RECEIPT REQUESTED Mr. Greg Kunstbeck 10212 Blake Lane Oakton, VA 22124 RE. CAMA. VIOLATION #05.37A Dear Mr. Kunstbeck: July 21, 2006 LSB _FRB *TB - MTT —FRB This letter is in reference to the Notice of Violation dated December 13, 2005 that Mr. John Cece, Coastal Management Representative for the Division of Coastal Management, issued to you for the unauthorized dredge spoils that entered a canal adjacent to 535 Swan Road in Currituck County. The violation involved the Estuarine Shoreline, Estuarine Waters, and Public Trust Waters, which are Areas of Environmental Concem designated by the Coastal Resources Commission. Based upon the site visit conducted on March 16, 2006 by Mr. Cece, 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 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 checkor money order for $200 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. 400 Commerce Avenue, Morehead City, North Carolina 28557 Phone: 252-808-28081 FAX: 252-247-33301 Internet: www.nccoastaimanagement.net An Equal opportunity (Affirmative Action Employer-50% Recycled 110% Post Consumer Paper Mr. Greg Kunstbeck July 21, 2006 Page 2 to, L 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) 808-2808. Sincerely, M. Ted Tyndall, Assistant Director Division of Coastal Management MTT/ybc Enclosures cc: Roy Brownlow, Compliance Coordinator, DCM, Morehead City John Cece, Coastal Management Representative, DCM, Elizabeth City NOTE: 2nd Attempt to Issue NOV Assessment; let Assessment letter of May 23, 2006 returned by Post Office as "Unclaimed" 400 Commerce Avenue, Morehead City, North Carolina 28557 Phone: 252-808-28081 FAX: 252-247-33301 Internet: www.nccoastalmanagement.net An Equal Opportunity 1 Affirmative Action Employer —50% Recycled 110% Post Consumer Paper Mr. Greg Kunstbeck July 21, 2006 Page 3 CAMA VIOLATION #0537A Greg Kunstbeck 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 against me for violation of the Coastal Area Management Act, NCGS 113A-100 et seg, committed on or near my property located 'adjacent to 535 Swan Road 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 December 13, 2005, and agree to pay the proposed civil assessment of $200. DATE , . SIGNATURE e ADDRESS TELEPHONE NUMBER 400 Commerce Avenue, Morehead City, North Carolina 28557 Phone: 252-808-2808 \ FAX: 252-247-3330 \ Internet: www.nccoastalmanagement.net An Equal Opportunity 1 Affirmative Action Employer-50% Recycled 110% Post Consumer Paper - $61a7 _ _Top Sellers -,Books.- ® Use mouse to pause scrolling The World Is Flat IUpdatetl Power of An Hour. Business and Expanded]:... "''d and Lire... by Thomas L. Friedman by Dave Lakhani $18.00 $14.97 New Home. and Builder Search - iNest Nest's directory of new homes and builders. Save on a new home purchase with easy to use cash -back coupons for featured builders. Sign up for a newsletter about home buying. People Search (exact last name),` ltunstbec'n, VA 22f24' I m \ matchchfound Search public records 177 Email This Listing To A Friend KLINSTBECK, G 703-255-6576 10212 Blake Ln r7 Email This Listing To A Friend Oakton, VA 22124 Zip+4 • Map - Weather Sources: OexOnitne, Google, rnfoSpace, People On This Street - Businesses On This Street Switchboard, Yahoo Search Pubhc Records ($) Sources.DexOnline(1), Google(1), WaSpace(1), Switchboard(1), Yahoo(1). Duration of search: 10 sec. IAssessment letter for Tyndall's signature Subject: Assessment letter for Tyndall's signature From: Yvonne Carver <Yvonne. Carver@ncmail. net> Date: Thu, 20 Jul 200616:40:03 -0400 To: Roy Brownlow <Roy.Brownlow@ncmail.net> Ted Sampson sent as assessment letter to Greg Kunstbeck (NOV 05-37) ,on May 23, 2006. This correspondence came back to us as unclaimed. I have prepared another letter to go out under Tyndall's signature. Please notify me or John if you have any questions. Yvonne 'Kunstbeck 05-37 2nd assessment.doc„ Content -Type: application/msword Content -Encoding: base64 1 of 1 7/21/2006 8:14 AM 1 " b w NCDENR North Carolina Department of Environment and Natura Division of Coastal Management Michael F. Easley, Governor Charles S. Jones, Director CERTIFIED MAIL RETURN RECEIPT REQUESTED Mr. Greg Kunstbeck 10212 Blake Lane Oakton, VA 22124 RE: CAMA VIOLATION #05-37A Dear Mr. Rawden: Resources William G. Ross Jr., q2crptary MAY 2 s 2Jay 0006 Mor®hosd city AGM This letter is in reference to the Notice of Violation dated December 13, 2005 that Mr. John Cece, representative for the Division of Coastal Management, issued to you for dredge spoils entering a canal adjacent to 535 Swan Road in Currituck County. The violation involved Estuarine Shoreline, Estuarine Waters, and Public Trust Waters, which are Areas of Environmental Concern designated by the Coastal Resources Commission. Based upon the site visit conducted on March 16, 2006 by Mr. Cece, 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 Proposed 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. 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 — 30% Post Consumer Fiber Paper Mr. Greg Kunstbeck May 23, 2006 Page 2 of 3 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. If you have any questions, please do not hesitate to contact me at (252) 264-3901. Sincerely, ed S:;pson District Manager Northeast District TS/yc Enclosure: Agreement to Pay Proposed Civil Assessment c: Ted T ndall, ssistant Director, NC Division of Coastal Management (DCM), Morehead City , Compliance Coordinator, DCM, Morehead City John Cece, DCM, Elizabeth City F Mr. Greg Kunstbeck May 23, 2006 Page 3 of 3 CAMA VIOLATION #05.37A 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 se , committed on or near my property at 535 Swan Road 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 letterdated December 13, 2005, and agree to pay the proposed civil assessment of $200.00. DATE SIGNATURE ADDRESS TELEPHONE NUMBER e�A ��— NCDENR North Carolina Department of Environment and Natural Resources Division of Coastal Management Michael F. Easley, Governor Charles S. Jones, Director William G. Ross Jr., Secretary May 23, 2006���,i Mr. Greg Kunstbeck MAY 2 6 2006 10212 Blake Lane Oakton, VA 22124 Morehead City AGM RE: RESTORATION ACCEPTANCE — CAMA VIOLATION #05.37A Dear Mr. Kunstbeck: This letter is in reference to the Notice of Violation # 05-37A sent to you dated December 13, 2005 for dredge spoils entering a canal within the Estuarine Shoreline, Estuarine Waters, and Public Trust Water in or near the Currituck Sound, The violation took place on your property located at 535 Swan Road in or near the community of Carova in Currituck County, North Carolina. This unauthorized activity constituted development and you were requested to remove the 6-12 inches of spoil material placed within five feet of the canal's normal water level (NWL) along 200 feet of the western boundary of your property and install approximately 200 feet of silt fence along the NWL to prevent the further erosion of material into the canal. 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 March 16, 2006 to inspect the restoration of the unauthorized activity addressed in the Notice of Violation 05-37A. 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 Concem. 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. Sinc ely, ^ Joh ece Coastal Management Representative Ted Tyndall, Ass, tant Director, NC Division of Coastal Management (DCM), Morehead City Ted_Sampson, istrict Manager, DCM, Elizabeth City Roy Brown1lo Co Lance Coordinator, DCM, Morehead City 1367 U.S.17 South, Elizabeth City, North Carolina 27909 Phone: 252-264-39011 FAX: 252-264-37231 Internet: www.nccoastalmanagement.net An Equal Opportunity 1 Affirmative Action Employer -- 30% Post Consumer Fiber Paper LSB e TB RB RB NCDENR MTT- North Carolina Department of Environment and Natura, rNwvu,�WQ Division of Coastal Management Michael F. Easley, Governor CERTIFIED MAIL RETURN RECEIPT REQUESTED Mr. Greg Kunstbeck 10212 Blake Lane Oakton, VA 22124 Charles S. Jones, Director NOTICE OF VIOLATION December 13, 2005 William G. Ross Jr., Secretary RE: NOTICE OF VIOLATION AND REQUEST TO CEASE UNAUTHORIZED DEVELOPMENT CAMA VIOLATION #05-37A Dear Mr. Kunstbeck: This letter confirms that on November 30, 2005, Dennis Hawthorn (Coastal Area Permit Assistance) and I were onsite at your property located at 535 Swan Road adjacent to a canal connecting to the Cunituck Sound located in or near Carova in Currituck County, North Carolina. The purpose of the visit was to investigate unauthorized dredging activities within a canal connecting to the Currituck Sound. This letter provides you, in writing, the information we discussed during our telephone call earlier today. 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-1 18. I have information that indicates you have undertaken or are legally responsible for dredge spoils re- entering a canal along approximately 200 feet of shoreline on the aforementioned property. This activity took place in Estuarine Shoreline, Estuarine Waters, and Public Trust Areas that are contiguous with the Currituck Sound. Estuarine Shoreline, Estuarine Waters, and Public Trust Areas are designated as Areas of Environmental Concern (AEC). Although General Permit 42137A was issued to you for dredging activities in this area, the conditions of the permit specifically prohibit allowing excavated material from re- entering adjacent water bodies. 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. 11 3A-1 26). 1367 U.S.17 South, Elizabeth City, North Carolina 27909 Phone: 252-264-39011 FAX: 252-264-37231 Internet: www.nccoastalmanagement.net An Equal Opportunity 1 Affirmative Action Employer- 50% Recycled 110% Post Consumer Paper [Mr. Kunstbeck December 13, 2005 Page 2 of 2 ' It is the policy of the Coastal Resources Commission to levy a civil assessment of at least $200, 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, Subchapter 07H. State Guidelines for Areas of Environmental Concern, the activity you have undertaken, unauthorized dredging activities within a canal connecting to the Currituck Sound in the Estuarine Shoreline, Estuarine Waters, and Public Trust Area AEC(s), is not consistent with Section 15 NCAC 07H,1505(6), which requires "all spoil material must be stabilized or retained so as to prevent any excavated material from re-entering the surrounding waters, marsh, or other wetlands." Therefore, I am requesting that you remove the 6-12 inches of spoil material placed within five feet of the canal's normal water level (NWL) along 200 feet of the western boundary of your property and that you install approximately 200 feet of silt fence along the NWL to prevent the further erosion of material into the canal. Please refer to the enclosed Restoration Plan. 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 these requirements. A site inspection will be made in the near future to determine compliance with this REQUEST TO CEASE AND DESIST. 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 (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(s) and/or development that is inconsistent with Coastal Resources Commission's rules. Sincer , John ?ece Coastal Management Representative cc: Ted Tyndall, Assistant Director, NC Division of Coastal Management (DCM), Morehead City Ted Sampson, District Manager, DCM, Elizabeth City Roy Brownlow, Compliance Coordinator, DCM, Morehead City Randy Joyner, Local Permitting Officer, Currituck County ENCLOSURE: Restoration Plan �1 1 [Mr. Kunstbeck • December 13, 2005 Page 3 of 3 RESTORATION PLAN For Mr. Greg Kunstbeck Property CAMA Violation No. 05-37A Property located at 535 Swan Road, Currituck County NU-r ?D SCJ4L�5 tSrtnlf� e0g tgnn^P ' 1 ANYJ 1? ck —:�;> N PEMOV& lo�f►a"sPol� rn 7 l c l aknu !;7" OF PW4- t05M2 - a00 ' S1LT F&WcE' 1suNsTCk n I, Greg Kunstbeck, agree to remove the 6-12 inches of spoil material placed within five feet of the canal's normal water level (NWL) along 200 feet of the western boundary of my property and install approximately 200 feet of silt fence along the NWL. I agree to complete this restoration to the satisfaction of the Division of Coastal Management (DCM) by December 30, 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 civil assessment of at least $200, or higher, against all violations of this type depending upon the damage to the resources. If restoration is not undertaken or satisfactorily completed, a substantially higher civil assessment will be levied and an injunction sought to require restoration. DCM ENFORCEMENT TRACKING REPORT ?"ONN CU-Tr. Issuer ©5— �� Field Rep. Violation Base No. A 8 C D LPO —604 ELM/ P g2137L Violated Permit No. LPJ_ CI1if1qPiltlK _CCr7rA+'v'TY (itappliwhle) Violation Description Was activity permittable7.Yes / Initial Discovery Date 1113010 Discovery Method S 113i V) S11 TJ ��-) S�)fl� �P1 RAG rr r yiolation Description � SPOIC rYa$�14Ji< Prior Violations In same AEG: I Yes r N i Respondent Name(s) 111-5' z 1 Address r � �' —�� L)016 City �k State V ii Phone # 73 - - qq — � �) Fax # Zip Emailo - Violation Type: Project Type: Authorizations Required: "Site Visits Respondent Present Site Visits _Re Pr sedtnt ❑ No Permit nvate/Community ❑ Major CAMA ❑Minor D&F 3© US ❑ ❑ Permit Condition Govt./Public ❑ ❑ ❑ Expired Permit ❑ Commercial General ❑ ❑ ❑ Inconsistent wl Rules Violation Location and Site Description Rover File ..Cpf )7 Project Location: County C U tl rt )TIAC K �q1 Shoreline Length of y f Street Address/ State Road/ Lot #(s) LM ti 56ECr, %D SAM Not Sure ® No S35 SM AOM Sandbags: NotSure Yes Subdivision 4 PNA: Yes Yes ® Adjacent Adjacent ----- ORW: City C D 141} L L� ZIP Crit. Hab. Yes Phone# (_).—_ W�__ River Basin�It- Photos ® No No kNl__— Adj. W[r, Body C1'rAfAL � 17'1'S )S Waiver Required In DWQ Buffer Area Yes Closest Maj. Wtr, Body C_ C& 'a Specify DWQ Buffer if applicable: = Restoration NOV Date CNOV Date - Penalty Assessment Sent to Respondent Date Rcvd by DCM Date -- Assessment Extended Yes No i% Extension Granted Yes No Initial Req, Comp, Date Restoration Letter Date Comp. Observed --_--- Acceptance Date 71.0409 Ref. j Recomm. Assess. I DCM Assess. App,IPermi— tFee r j$ Penalty F rTI is �PQI Continuing5 i i Other S S _.—_..—_— 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 I If yes, which types: CW ® ® PTS SA DS' Cl SY 1R LS TY. OEA HHF IH SS SC SP IF BF 404 PWS: FC: Other - Restoration Required by the Respondent / No Dimensions In excess of permlt/ unauthorized activities Dimensions to restore Final dimensions allowed Actually restored Development Activities X? X) 1 X 9 X/ RC ! N c f Habitat Description NOTES: Closing Payment Received S___...___—___._.—_Date._ —_ Date Case Closed 20-Dec-05 NC DIVISION OF COASTAL MANAGEMENT ENFORCEMENT RECORD CASE STATUS "" CASENUMBER LASTNAME FIRST NAME BUSINESS NAME: 0* MIN 05-37A KUNST13ECK (D CASE IS CLOSED I'. PP"evlous Violations in Same ❑ AEC for Similar Activities NOV DATE CLOSURE DATE Elapsed Days AFFLILIATION SECTOR 12/13/2005 INIMIJIM 1 7 — PROPERTY OWNER I PRIVATE MAILING ADDRESS CITY STATE ZIP CODE PHONE NUMBER 10212 BLAKE LANE OAKTON VA 22124- J (703) 798-2911 PROPERTY ADDRESS COMMUNITY WATERBODY NEAREST ROAD 1 535 SWAN ROAD COROLLA .CURRITUCK SOUND �— DISTRICT OFFICE COUNTY DCM REPRESENTATIVE LPO CONTACT ECDO CURRITUCK CECE VIOLATION TYPE AFFECTED AEC(S). ❑ CW © EW © PTA [] ES ❑ PTS MAJOR CAMA plus DREDGE AND FILL ❑ OEA ❑ HHFA ❑ IHA ❑ PWS ❑ NCRA NATURE OF VIOLATION AEC DESCRIPTION authorized major development and violation of the State's dredge & fill law by not placing the dredged spoils in approved location and allowing dredge spoils to re-enter the canal within the ES, EW, PTA AECs adjacent to the rrituck Sound. RESTORATION STATUS. - RESTORATION REQUEST DATE COMPLETION DATE © 1 12130/2005 � ❑ 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 ❑ INJUNCTION REFER DATE: RESTORATION PENDING ❑ REFERRED TO AG'S OFFICE - COLLECTION COLLECTION REQUEST DATE: F_ ASSESSMENT DATE PENALTY AMOUNT COLLECTION DATE AMOUNT COLLECTED El PENALTY ISSU I I 1 I ❑ PENALTY ISSUED ❑ WILLFUL &INTENTIONAL PENALTY (MIN. OR DOUBLED) ❑ PENALTY NOT ISSUED ❑ CNOV ISSUED CNOV DATE � i� CONRACTOR'S FIRST OFFENSE El PENALTY APPEALED 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 4(�e DCM ENFORCEMENT TRACKING REPORT -roW CtZ� Issuer Violation Base No. ps- 3 7 Field Rep. B C D LPO 7H li LA/ a 6 P ti � UM Violated Permit No. LPJ C l y"Ng Cu c k�Y - (u applicable) Violation Description Was activity permittable? Yes / Initial Discovery Date 3) (i S' Discovery Method SIZE V) S) T 1T P\6-) Ub11r_ L�XR1R� 4 Violation Description •I/ t Respondent Information Prior Violations in same A es G6_r i�C1 N �. L{C ado- wne� A 9 e n t/C o n t r a c t o r) , Respondent Names). Address1 /� ra 1 L- E City �kTA)— State V' Zip —J_____�—�— �� 3 - pj Fax # Phone #— Email Violation Type: Project Type: Authorizations Required: Site Visits Respondent Present Site Visits Respondent ❑ No Permit Private/Community El CAMA ❑�yMinor D&F �, ❑ __ ❑ 4t- Permit Condition Govt.IPublic ❑ ❑ ❑ Expired Permit ❑ Commercial -w General ❑ �— ❑ Inconsistent wl Rules Violation Location and Site Description Rover File C f 7 ��pp Project Location: County C LF'(1R /t) TUt K Shoreline Length r� c(Zi 1 Street Address/ State Road/ Lot #(s) UI LN SECI. SAM Notsure ® No S35 S�M u Sandbags: Not Sure Yes a r-�,� )V PNA: Yes ® Yes & Adjacent Adjacent Subdivision,�er* — ------ ORW: City CD i f1 C1-1_—_ ZIP--_ Crit. Hab, Yes 6) ® No Phone # (—).—__ River Basin f?�sTX'N — Photos L 1l 1-6 I S L► 1EMd5 &�_ Waiver Required No Adj. Wtr. Body p,/In DWQ Buffer Area yes Closest Maj. Wtr. Body —C—ME 1 i K Ui Ala Specify DWQ Buffer if applicable: Restoration l 01 1- 05 Initial Req. Comp. Date NOV Date �S CNOV Date - __ Date Comp. Observed 7J.0409 Ref, Penalty Assessment _ App./Permit Fee Sent to Respondent Date__-- Penalty Rcvd by DCM Date ---- `— Assessment Extended Yes No Continuing Other — — Total - Extension Granted Yes No Restoration Letter Acceptance Date Recomm. Assess. DCM Assess. $ is --- — $ $ �} 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 penaltylNOV ❑ Injunction to complete restoration Date Collection Let, Sent Date Demand Let. Sent Violation Activities and Impacts AECs Affected: Wetlands Impacted? Yes /a If yes, which types: CW ® ® PTS SA DS Cf SY • 1R LS TX OEA HHF IH SS SC SP IF BF 404 PWS: FC: Restoration Required by the Respondent ' 0/ No Dimensions in excess of permitl unauthorized activities Dimensions to restore Final dimensions allowed Actually restored Development Activities SIX I Habitat Description NOTES: Closing Payment Received $___....._—___—.—__Date._ -- Date Case Closed 31-May-06 NC DIVISION OF COASTAL MANAGEMENT ENFORCEMENT RECORD CASE NUMBER LAST NAME FIRST NAME BUSINESS NAME: 9-37A JKLINSTIBECK GREG O CASE IS CLOSED Previous Violations in Same ❑ AEC for Similar Activities NOV DATE CLOSURE DATE Elapsed Days AFFLILIATION SECTOR 12M3/2005 11JYJEW IPROPERTY OWNER PRIVATE MAILING ADDRESS CITY STATE ZIP CODE PHONE NUMBER 10212 BLAKE LANE OAKTON VA 22124- (703) 798-2911 PROPERTY ADDRESS COMMUNITY WATERBODY NEAREST ROAD 535 SWAN ROAD COROLLA CURRITUCK SOUND F— DISTRICT OFFICE COUNTY DCM REPRESENTATIVE LPO CONTACT ECDO ICURRITUCK CECE ru VIOLATION TYPE AFFECTED:AEC(S) ❑ CW ® EW © PTA © PTS ES ❑ MAJOR CAMA plus DREDGE AND FILL ❑ OEA ❑ HHFA ❑ IHA ❑ PWS [:1 NCRA NATURE OF VIOLATION AEC DESCRIPTION nauthorized major development and violation of the State's dredge & fill law by not placing the dredged spoils in 1 approved location and allowing dredge spoils to re-enter the canal within the ES, EW, PTA AECs adjacent to the urrituck Sound. RESTORATION STATUS RESTORATION REQUEST DATE COMPLETION DATE iy] 1 12/30/2005 1 ill 6/2606 ❑ RESTORATION NOT REQUIRED - CONTRACTOR ❑ RESTORATION EXTENDED RESTORE DATE ❑ RESTORATION NOT REQUIRED - PERMITTABLE DEVELOPMENT DEADLINE EXTENDED RESTORATION NOT REQUIRED - FURTHER IMPACTS ❑ REFERRED TO AG'S OFFICE - INJUNCTION El RESTORATION PENDING INJUNCTION REFER DATE: I ElREFERRED TO AG'S OFFICE - COLLECTION COLLECTION REQUEST DATE: I ASSESSMENT DATE PENALTY AMOUNT COLLECTION DATE AMOUNT COLLECTED PENALTY. STATUS � � 1 1 5l23l2006 $200 © PENALTYISSUED ❑WILLFUL &INTENTIONAL PENALTY (MIN. OR DOUBLED) ❑ PENALTY NOT ISSUED ❑ CNOV ISSUED r—CNOV DATE ❑ CONRACTOR'S FIRST OFFENSE ❑ PENALTY APPEALED 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 SEE NO. 05-38A, MORRIS, BILL - CONTRACTOR. 27-Dec-06 NC DIVISION OF COASTAL MANAGEMENT ENFORCEMENT RECORD LCASE STATJ CASE NUMBER LAST NAME FIRST NAME BUSINESS NAME: _ CASE IS OPEN I 05-37A JKLINSTBECK GREG CASE IS CLOSED I Previous Violations In Same [� AEC for Similar Activities NOV DATE CLOSURE DATE Elapsed Days AFFLILIATION SECTOR XLINK. i2713/2005 r F-- 1PROPERTY OWNER PRIVATE Duplicate Record 843 MAILING ADDRESS CITY STATE ZIP CODE PHONE NUMBER 10212 BLAKE LANE OAKTON IVA 22124- (703) 798-2911 Show Related Violations PROPERTY ADDRESS COMMUNITY WATERBODY NEAREST ROAD 1535 SWAN ROAD COROLLA ICURRITUCK SOUND DISTRICT OFFICE COUNTY DCM REPRESENTATIVE LPO CONTACT ECDO CURRITUCK ICECE Not Available VIOLATION TYPE rr AFFECTED AEC S) ❑ CW �/J EW FV] PTA �j ES ❑ PTS L�— MAJOR CAMA plus DREDGE AND FILL ❑ OEA [ -I HHFA ❑ IHA ❑ PWS ❑ NCRA NATURE OF VIOLATION AEC DESCRIPTION authorized major development and violation of the State's dredge & fill law by not placing the dredged spoils in approved location and allowing dredge spoils to re-enter the canal within the ES, EW, PTA AECs adjacent to the rrituck Sound. -- RESTORATION STATU� N[ RESTORATION REQUIRED [_ RESTORATION NOT REQUIRED -CONTRACTOR RESTORATION NOT REQUIRED - PERMITTABLE DEVELOPMENT ❑ RESTORATION NOT REQUIRED - FURTHER IMPACTS ❑ RESTORATION PENDING RESTORATION REQUEST DATE COMPLETION DATE 12/30/2005 1 3/16/2006 RESTORATION EXTENDED RESTORE DATE DEADLINE r--- EXTENDED I ❑ REFERRED TO AG'S OFFICE - INJUNCTION INJUNCTION REFER DATE: I— ❑ REFERRED TO AG'S.OFFICE - COLLECTION COLLECTION REQUEST DATE: I ^_ � P ASSESSMENT DATE PENALTY AMOUNT COLLECTION DATE AMOUNT COLLECTED (ENALTY STATUS 5/23/2006 $2001 11 t9t2006 $200 L] PENDING [] WILLFUL & INTENTIONAL PENALTY (MIN. OR DOUBLED) [� PENALTY ISSUED ❑ CNOV ISSUED F_CNOV DATE PENALTY NOT ISSUED ❑ PENALTY APPEALED F APPEAL DATE ❑ FORMAL CPA ISSUED FORMAL CPA DATE CONRACTOR'S FIRST OFFENSE L_ ❑ SETTLED. AGREED UPON. STIPULATED PENALTY SETTLEMENT DATE ❑ UNCOLLECTIBLE PENALTY F—UNCOLLECTIBLE DETERMINATION DATE Violations Involving Adversely Impacted Resources AMOUNT OF ADVERSELY DISTURBED AREA (SQ. FT.) F AMOUNT OF RESTORED AREA(SQ. FT) NOTES ALSO SEE RELATED CASE NO. 05-38A, MORRIS, BILL - CONTRACTOR. 1st assessment notice returned as unclaimed - second attempt issued 7/2112006. UNITED STATES POSTAL SERVICE G-10 • Sender. Please print your name, address, N.C. Division of Coastal Management 400 Commerce Avenue Morehead City, N.C. 28557 808-2808 ■ Complete items 1, 2, and 3. Also complete A. g4 e/ Item 4 if Restricted Delivery Is desired. �_/lam/� ❑ Agent ■ Print your name and address on the reverse ❑ Addressee so that we can return the u. ' S, Received by (Printed Name) C. 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Internet access to delivery information is not available on mail addressed to APOs and Hills. Postage $ Certified Fee Return Receipt Fee (Endorsement Required) Restricted Delivery Fee (Endorsement Required) Total Postage & Fees $ Sent I «i Mr. Greg Kunstbeck 4k 10212 Blake Lane w Qakw VA 22124 �r co 0 0 N Pestmalk Here !— /Vl ca CD IF-f2z%. 0)