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Home My WebLink About05-61D Bulk Transport & ExcavationEWA SBB TB rMTT NCDENR 7- North Carolina Department of Environment and Natural Resources Division of Coastal Management Michael F. Easley, Governor Charles S. Jones, Director NOTICE OF VIOLATION October 27, 2005 CERTIFIED MAIL 7004 2890 0002 3425 2804 RETURN RECEIPT REQUESTED Bulk Transport & Excavation Services, Inc. C/o Kendall Moore P.O. Box 276 Sneads Ferry, NC 28460 RE. NOTICE OF VIOL B DEVELOPMENT CAMA VIOLATION OS Dear Mr. Moore: William G. Ross Jr., Secretary vl L. OCT 3 I Morehead City GtM 4DTHORIZED This letter confirms that on 10/24/05, I was a your pro erty located aloe% Sloop Point Road, adjacent to Virginia Creek, located near Ham , in Pender County. The property in question is known as the Yachtsman Cove Subdivision. The purpose of the site visit was to perform a site inspection for preparation of the field investigation report for the CAMA Major Permit application submitted by Coastal Colorado Development, Co. Information gathered by me for the Division of Coastal Management indicates that your actions as contractor for Costal Colorado Development Co. are 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 pursuant to the North Carolina General Statutes (N.C.G.S.) 113A-118. Information I have indicates you have undertaken or are legally responsible for development, specifically land disturbance activities within the 75' Area of Environmental Concern (AEC), on the aforementioned property. These activities took place along the Coastal Shoreline AEC that is contiguous with the waters of Virginia Creek. Additionally, the waters of Virginia are classified as "SA" by the Division of Water Quality, and development within 75' from normal high water (NHW) in areas adjacent to estuarine waters require a CAMA permit. No permit was issued for the work in this area. Based on these findings, I am initiating an enforcement action by issuing this Notice of Violation for violation of the CAMA. 127 Cardinal Drive Ext., Wilmington, North Carolina 28405-3845 Phone: (910) 796-7215\ FAX: 910-395-3964 \ Internet: www.nccoastaimanagement.net An Equal Opportunity \ Aifirmafive Action Employer — 50% Recycled \ 10% Post Consumer Paper Mr. Kendall Moore Oct. 27, 2005 Page 2 of 2 I request that you immediately CEASE AND DESIST any further development and contact me about this matter. 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, which is subject to an additional assessment of $2,500. An injunction or criminal penalty may also be sought to enforce any violation in accordance with N.C.G.S. 113A- 126. It is the policy of the Coastal Resources Commission to assess a minimum civil penalty $350.00 against all violations. This is done to recoup some of the costs of investigating the violation and/or to compensate the public for any damage to its natural resources. Whether a higher amount will be assessed will depend on several factors, including the nature and area of the resources that were affected and the extent of the damage to them. Since this is your first documented offense as a contractor in the Estuarine Shoreline designated Area(s) of Environmental Concern, there will be no assessment levied against you in accordance with the North Carolina Administrative Code, Title 15A, Subchapter 7J.0409(f)(4)(F)(i). However, if you continue to violate the Coastal Area Management Act, you should consider yourself forewarned and expect a civil assessment to be levied against you consistent with the North Carolina Administrative Code, Title 15A, Subchapter 7J, Section .0409, as adopted by the Coastal Resources Commission. 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 about these important matters. Sincerely, T n Dail DCM Express Permit Coordinator cc: -TW Tyndall, Assistant Director, DCM Jim Gregson, District Manager, DCM Roy Brownlow, Compliance Coordinator, DCM 127 Cardinal Drive Ext., Wilmington, North Carolina 28405-3845 Phone: (910) 796-72151 FAX: 910-395-39641 Internet: www.nccoastalmanagement.net An Equal Opportunity 1 Affirmative Action Employer — 50% Recycled 110% Post Consumer Paper 01-Nov-05 NC DIVISION OF COASTAL MANAGEMENT ENFORCEMENT RECORD ® CASE NUMBER LAST NAME FIRST NAME BUSINESS NAME: --�� 05- 11D IMOORE IBULK TRANSPORT & EXCAVATIO •) CASE IS CLOSED Previous Violations in Same AEC for Similar Activities NOV DATE CLOSURE DATE Elapsed Days AFFLILIATION SECTOR 1E712 005 F— CONTRACTOR COMMERCIAL MAILING ADDRESS CITY STATE ZIP CODE PHONE NUMBER POB 276 SNEADS FERRY NC 2 60- 1 PROPERTY ADDRESS COMMUNITY WATERBODY NEAREST ROAD YACHTSMAN COVE S/D HAMPSTEAD IVIRGINIA CREEK SLOOP POINT DISTRICT OFFICE COUNTY DCM REPRESENTATIVE LPO CONTACT WIRO FENDER [DAIL F VIOLATION TYPE I I CW ❑ EW ❑ PTA J! ES I I PTS MAJOR CAMA I I OEA [_J HHFA ❑ IHA I I PWS I I NCRA NATURE OF VIOLATION AEC DESCRIPTION authorized major development by engaging in AEC adjacent to Virginia Creek. RUSI RESTORATION REQUEST DATE COMPLETION DATE JI RESTORATION NOT REQUIRED - CONTRACTOR RESTORATION EXTENDED RESTORE DATE DEADLINE ' !RESTORATION NOT REQUIRED - PERMITTABLE DEVELOPMENT EXTENDED RESTORATION NOT REQUIRED - FURTHER IMPACTS REFERRED TO AG'S rOFFICE - INJUNCTION _ J RESTORATION PENDING INJUNCTION DATE: I — I_ J REFERRED TO AG'S OFFICE - COLLECTION COLLECTION REQUEST DATE: r— ® ASSESSMENT DATE PENALTY AMOUNT COLLECTION DATE AMOUNT COLLECTED ❑ PENALTY ISSUED I F WILLFUL & INTENTIONAL PENALTY MIN. OR DOUBLED) ICI PENALTY NOT ISSUED I_ I CNOV ISSUED CNOV DATE �/ �CONRACTOR'S FIRST OFFENSE ❑ PENALTY APPEALED APPEAL DATE ❑ FORMAL CPA ISSUED FORMAL CPA DATE Ll 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 contractor for 05-60D Coastal Colorado Development Co.. IV a 1. 'i� _ ��. 1 a. �. i\• . r r ,.�f rll, 31"m ;f: I -A 10°.. -� _ 12 I T ,. -... ....__. .. __. _...� i � � :'Ir aat• - ,.=i-yam IS, Jk