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HomeMy WebLinkAbout05-25A Formanr NCDENR North Carolina Department of Environment and Natural Resources Division of Coastal Management Michael F. Easley, Governor Charles S. Jones, Director William G. Ross Jr., Secretary October 13, 2005 CERTIFIED MAIL RETURN RECEIPT REQUESTED Mr, Trip Forman i C/O Real Kiteboard ' PO Box 1614B Buxton, NC 27920 RB TB RB RE: CAMA VIOLATION #05-25A MT' Dear Mr. Forman: This letter is in reference to the Notice of Violation dated August 3, 2005 that Mr. John Cece, representative for the Division of Coastal Management, issued to you for filling Coastal Wetlands at 25672 NC 12 in or near Waves in Dare County. The violation involved Coastal Wetlands, which is an Area of Environmental Concern designated by the Coastal Resources Commission. Based upon the site visit conducted on August 22, 2005 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 $525 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 $525 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.nccoastaimanagement.net An Equal opportunity \ Affirmative Action Employer- 50% Recycled \ 10% Post Consumer Paper Mr. Trip Forman October 13, 2005 Page 2 of 2 If you do not send a signed agreement and payment to this office within ten (10) days, the Director of the Division of Coastal Management 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, ad Sampssn District Manager TS:yc Enclosures cc:�Ted Tyndall, Assistant Director, NC Division of Coastal Management (DCM), Morehead City y Brownlow, Compliance Coordinator, DCM, Morehead City John Cece, Coastal Management Representative, DCM, Elizabeth City Raleigh Bland, Army Corps of Engineers, Washington Mr. Trio Forman October 13, 2005 S Page 3 of 3 I CAMA VIOLATION #05.25A 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 $525 against me for violation of the Coastal Area Management Act, NCGS 113A-100 et sec , committed on or near my property at 25672 NC 12 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 3, 2005, and agree to pay the proposed civil assessment of $525.. DATE SIGNATURE ADDRESS TELEPHONE NUMBER DCM ENFORCEMENT TRACKING REPORT r FieldI LPO V \ t`r1 ��i�s ❑ LPJ Violation Description Initial Discovery Date .nAY 1 S Violation Base No.---©Jr- 8 C D Violated Permit Nc (it applicable) Violation Description J=IuE-O SDD Ffia or con-s7xL Lv`ETL,6yy s• Prior Violations in same AEC: Yes / RespondentName(s) [ KIT IM11 -i ��•• y- -- --- Address eo b0i 16/g City Bdx-my State PC zip a77920 Phone # 252 -3os- fd 6-4 Fax # Email Violation Type: Project Type: Authorizations Required: Site Visits Respondent Site Visits Respondent Present Present ❑ No Permit ❑ Private/Community ❑ Major ElCAMA . is [� ❑ ❑ Permit Condition ❑ Govt.IPublic ❑ Minor ❑ D&F ❑ Expired Permit Commercial ❑ General -UL 1 ❑ ❑I n7 El ❑ Inconsistent w/ Rules Violation. Location and Site Description Rover File C COOyaOf Project Location: County DARE Shoreline Length goo, Street Address/ State Road/ Lot #(s) NL 1 0? SAM Not Sure Yes 9D H 5107 NG j of Sandbags: . Not Sure Yes PNA: Yes Adjacent Subdivision ORW. Yes ((� Adjacent City � � VAS ZIP � Z9 )2 -- Crit. Hall. Yes Phone # River Basin �ii Ski U(iiiJ K Photos ® No p , �_ Waiver Required Yes (9 Adj. Wtr. Body In DWQ Buffer Area Yes Closest Maj. Wtr: Body &n Lt co s�� w 0 Specify DWQ Buffer if applicable: ® iP WA Restoration)/ /y �s Extension Granted Yes No NOV Date Initial Req. Comp. Date A JC',2�1� pS p \og , Restoration Letter CNOV Date _ -- Date Comp. Observed Pro Acceptance Date Q�UG. 3 \ s05 _ 7J.0409 Ref. Recomm. Assess. DCM Assess. Penalty Assessment Sent to Respondent Date ___ I App./Permit Fee'�� pz( �� ©ems Rcvd by DCM Date i Penalty 16)(L.�C13 LL)I �—�$ r---- Willful/Intent. --- —�— _ Assessment Extended Yes No Continuing Other Total ( rl i � 1 Formal Assessments, Appeals and Reductions Date Long Form Submitted Date Formal CPA Submitted Final Assessment Attorney General's Office for Injunction or Formal Collection Assessment Appealed Yes No ❑ Penalty modified 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 Impacted7� No If yes, which types: PTA PTS OEA HF IH Q DS Ci SY • A LS TY PWS: FC; SS SC(SD IF BF 404 Other: Restoration Required by the Respondent / No Dimensions In excess of permit/ unauthorized activities Dimensions to restore Final dimensions allowed Actually restored Development Activities 10M,5F Se - !!U D 16'Wx",C)' LIXG(ID Habitat Description p cc*L' Wf_-QQ ro��SI�aL R�+ /fS7rlL €1 HN NOTES: SN-2,YlJ\Jtt —0 kDC—r- T-� C'T(D(Z' Closing Payment Received 8____---_--Date._ —_ Date Case Closed e�A A NCDENR North Carolina Department of Environment and 0 f 2 7 Z005 Natural Resources ' tt:ad City DCM Division of Coastal Management Michael F. Easley, Governor Charles S. Jones, Director October 25, 2005 Mr. Trip Forman c/o Real Kiteboard PO Box 1614 Buxton, NC 27920 William G. Ross Jr., Secretary A LSB TB 3_RB MTT RE: Payment of Proposed Penalty for Violations of the Coastal Area Management Act, Dare County, CAMA Violation #05-25A Dear Mr. Forman: This letter will acknowledge receipt of Stanford Holdings' Check #1122 in the amount of $525, and dated 10/24/05. Once the amount of the check is credited to the Department of Environment and Natural Resources' account, this matter will be fully and completely closed. If you have any further questions concerning this matter, please contact me at my Elizabeth City office at 252-264-3901. Sincerely, ed Sampson District Manager TS:yc cc:ETed Tyndall, Assistant Director, DCM, Morehead City Roy Brownlow, Compliance Coordinator, DCM, Morehead City John Cece, Coastal Management Rep., DCM, Elizabeth City Raleigh Bland, US Army Corps of Engineers, Washington 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 Mr. Trip Forman October 13, 2005 Page 3 of 3 ram, CAMA VIOLATION #05.25A OCT 2005 GpNcr,�L.jr,�hJAC`�A�r_ . 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 $525 against me for violation of the Coastal Area 3 '77- Management Act, NCGS 113A-100 et sec, committed on or near my property at 25672 NC 12 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 and agree to pay the proposed civil assessment of $525. DATE SIGNATURE—` \/ fe&Y ly�� ADDRESS TELEPHONE NUMBER DCM ENFORCEMENT TRACKING REPORT Field 4 Re . CecE '- ` LPO K� �-`� ps LPJ Violation Base No. © - B C D Violated Permit Nc (a applicable) _ Violation Description Was activity permittable7 Yes I ( Initial Discovery Date at y I S Discovery Method e&TM17— SIM- 1//S/T Violation Description F 1 a-EV S60 ET —a OF CoAsTN' WiU671-4a y-a Prior Violations in same AEC: Yes / RespondentName(s) Rf r rvni.rrriv p, ye ��•• �y� ��� .,� •� r. Address Q1� 60)C E' �1 L City X TON State /V G Zip a) 79240 Phone# ;Is 2-345- t 516 - Fax# Email Violation Type: Project Type: Authorizations Required: Site Visits Respondent Site Visits Respondent ❑ Present Present El No Permit ❑ PrivatelCommunity ❑Major CAMA � Ly ❑ Permit Condition ❑ Govt./Public ❑ Minor ❑ D&F L a El ❑ Expired Permit Commercial ❑ General ElInconsistentwlRules — Violation Location and Site Description Rover File C 000 a014 DARG r . Project Location: County Shoreline Length �d� Street Address/ State Road/ Lot #(s) NL l a SAM NotSure Yes 61) 9 9-6 Td Nc ),2 Sandbags: NotSure Yes PNA: Yes Adjacent Subdivision, - ORW: Yes Adjacent City I AqkLL ZIP a Tq19— Crit. Hab. Yes Phone # (2a River Basin„ (�1i�Q(�iQI� Photos & No Adj. Wtr. Body rY)�C/1 S/9l/A/1�/manluniml— Waiver Required Yes In DWQ Buffer Area Yes � q Closest Maj. Wtr. Body P)IMLIC0 S✓MP Specify DWQ Buffer If applicable: _ t" Restoration TES Extension Granted Yes No NOV Date A/ (n Initial Req. Comp. Date of \ 4 Z2 `()s Restoration Letter %pw CNOV Date -- Date Comp. Observed �J ---y Acceptance Date (•iyG, 3 � sC)s Penalty Assessment 7J.0409 Ref. j Recomm. Assess. i DCM Assess. ��� 3 S App./Permit Fee y_bZ��i�W1 L� CEO $ _ Sent to Respondent Date Penalty M3 fL!�_— a �S Rcvd by DCM Date l ASS r ' ----- Willful/intent. _i Assessment Extended Yes No� J -- -- - ��p t.6� Continuing 1u� " I Other —T——L—.----� --- Total — !—_-- Formal Assessments, Appeals and Reductions Date Long Form Submitted Assessment Appealed Yes No Date Formal CPA Submitted Penalty modified Final Assessment S — Date Attorney General's Office for Injunction or Formal Collection Date sent to AG. ❑ Respondent not responsive to penalty/NOV ❑ Injunction to complete restore don Date Collection Let. Sent Date Demand Let. Sent Violation Activities and Impacts AECs Affected: Wetlands Impacted?Ye No If yes, which types: 0-0PTA PTS OEA HHF IH Q CIS Ci SY - A LS TY. SS SC SOP IF BF 404 PWS: FC: Other: Restoration Required by the Respondent / No Dimensions In excess of permit/ unauthorized activities Dimensions to restore Final dimensions allowed Actually restored Development Activities iotAUF Sell- tiu �� �i 111111E OG r lbiwx Habitat Description Cc 65-tAt "'i AeJ Co PrS', WL CCd3Sl t J t� 1µ 7r1L F7 N � I NOTES: S—\ \ "� —\ U IDC-ram-, k I F 7 -TCD 2, Closing / Payment Received S__.� _5—__—_--_Date._ ��_=5� S� Date Case Closed 146 LSB RB F� ,�TB �RB �� --Mg'—MTT 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 August 24, 2005 j � teat 1,ZI Mr. Trip Forman AUi1��� c/o Real Kiteboard PO Box 1614 Morehead GI►y 0CM Buxton, INC 27920 RE. RESTORATION ACCEPTANCE — CAMA VIOLATION #05-25A Dear Mr. Forman: This letter is in reference to the Notice of Violation # 05-25A sent to you dated August 3, 2005 for the filling of Coastal Wetlands within the Estuarine Shoreline in or near the Pamlico Sound. The violation took place on your property located at 25672 NC 12 in or near the community of Waves in Dare County, North Carolina. This unauthorized activity constituted development and you were requested to remove the fill placed on approximately 500 square feet of Coastal Wetlands. 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 August 22, 2005 to inspect the restoration of the unauthorized activity addressed in the Notice of Violation #05-25A. Based on this inspection, it appears the restoration is accomplished to the satisfaction of this Division. Upon my submission of an enforcement report, you will be notified as to the amount of the civil penalty for undertaking this unauthorized activity within an Area of Environmental concern. Thank you for your attention and cooperation in this matter. If you have any questions pertaining to this matter, please feel free to call me at 252-264-3901. Sincerely, i1 d, John Cec Coastal Management Representative Ced Tyndall, Assistant Director, NC Division of Coastal Management (DCM), Morehead City yTTed Sampson, District Manager, DCM, Elizabeth City oy Brownlow, Compliance Coordinator, DCM, Morehead City Raleigh Bland, Army Corps of Engineers, Washington 1367 U.S. 17 South, Elizabeth City, North Carolina 27909 Phone: 252-264-3901 1 FAX: 252-264.37231 Internet: www.necoastaimanagement.net An Equal Opportunity 1 Affirmative Action Employer- 30% Recycled by Fiber Weight ARA. NCDENR North Carolina Department of Environment and Natural Resources Division of Coastal Management Michael F. Easley, Governor Charles S. Jones, Director NOTICE OF VIOLATION August 3, 2005 CERTIFIED MAIL RETURN RECEIPT REQUESTED Mr. Trip Forman C/O Real Kiteboard PO Box 1614 Buxton, NC 27920 William G. Ross Jr., Secretary RE. NOTICE OF VIOLATION AND REQUEST TO CEASE UNAUTHORIZED DEVELOPMENT — CAMA VIOLATION #05-25A Dear Mr. Forman: This letter confirms that on July 15w, July 27th, and August 2nd 2005 John Cece, Field Representative, was onsite at your Real Kiteboard property located at 25672 NC 12 adjacent to the Pamlico Sound located in or near Waves, in Dare County, North Carolina. The purpose of the visit was to investigate unauthorized development of the filling of Coastal Wetlands within the Pamlico Sound. Information gathered by me for the Division of Coastal Management indicates that you have undertaken major development in violation of the Coastal Area Management Act (CAMA). No person may undertake Major Development in a designated Area of Environmental Concern (AEC) without first obtaining a permit from the North Carolina Department of Environment and Natural Resources. This requirement is imposed by North Carolina General Statute (N.C.G.S.) 11 3A-1 18. I have information that indicates you have undertaken or are legally responsible for filling approximately 500 square feet of Coastal Wetlands along the northern boundary of the aforementioned property. This activity took place in Coastal Wetlands and Estuarine Shorelines that are contiguous with the Pamlico Sound. Coastal Wetlands and Estuarine Shoreline areas are designated as Areas of Environmental Concern (AEC). No CAMA 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 and the State's Dredge and Fill Law. 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 Trip Forman / Real Kiteboard August 3, 2005 Page 2 of I request that you immediately CEASE AND DESIST any further unauthorizedactivities 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 mayconstitute 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 $250, not to exceed $2,500 against all violations of this type. 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 Law 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, filling of Coastal Wetlands in the Coastal Wetlands and Estuarine Shoreline AECs, is not consistent with Section 15 NCAC 07H.0205 and N.C.G.S. 113-229 which prohibit the filling of Coastal Wetlands. Therefore, I am requesting that you remove the soil placed on approximately 500 square feet of Coastal Wetlands without damaging the buried vegetation and root structure. 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. Trip Forman / Real Kiteboard August 3, 2005 Page 3 ofl 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 rules. Sincerely, John Cece Coastal Management Representative Cc- Ted Tyndall, Assistant Director, NC Division of Coastal Management (DCM), Morehead City E.Ted Sampson, District Manager, DCM, Elizabeth City Roy Brownlow, Compliance Coordinator, DCM, Morehead City Raleigh Bland, Army Corps of Engineers, Washington ENCLOSURE Trip Forman / Real Kiteboard August 3, 2005 Page 4 of 4 RESTORATION PLAN For Trip Forman Property Property located at Real Kiteboard, 25672 NC 12, Dare County va f-PrAL1Cp SVVTJ0 Cc1I�sT?VL � CffNAL. SCAL�g I"= W (YiR6XIrn&r4: C 0 )1 Sr4L We9FrL#1VOS PLACEV ON sov Some Fzmrr v is Cd 4 �v ]zf4N s I, Trip Forman, agree to remove the soil placed on approximately 500 square feet of Coastal Wetlands without damaging the buried vegetation and root structure. I agree to complete this restoration to the satisfaction of the Division of Coastal Management (DCM) by August 19, 2005, or provide an explanation for non-compliance and a reasonable request for time extension. When corrective actions are complete, I will notify the DCM so the work can be inspected. SIGNATURE: DATE: It is the policy of the Coastal Resources Commission to levy a minimum civil assessment of $250 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. DCM ENFORCEMENT TRACKING REPORT Field Rep. J-0 V Violation Base No. B C D L G Violated Permit No. I PI __ __. (if appffade) , Violation Description Was activity permittabi? Yes / W Initial Discovery Date SLY ! S Discovery Method RZAJi)1C 0g7 w-r7 _Sim Ws/T' Violation Description F I LLFD SDD FTC or Qn-s7AL !a'ET44ry Prior Violations in same AEC: Yes RespondentName(s) ' Kir r—vPIL""'u Address -Pf) b0K I bl N City —&Z)L—SA) Phone # LlSa'3®S— � 9—qh Fax # Email Violation Type: Project Type: Authorizations R Site Visits Respondent Site Visits Respondent ❑ No Permit ❑ Private/Community ❑Major CAMA Present t_y !S El� Present ❑ ❑ Permit Condition ❑ Govt./Public ❑ Minor Qkr&:?7 ❑ ❑ ❑ Expired Permit .55 Commercial ❑ General ❑ Inconsistent wl Rules Violation. Location and Site Description Rover File C 000Y 20A Project Location: County nE Shoreline Length go f Street Address/ State Road/ Lot #(s) AL I a SAM Not Sure Yes S%7 NC j'a Sandbags: Not Sure Yes pNA: Yes ( Adjacent Subdivision ORN: Yes Adjacent --- City t ZIP Crit. Hab. Yes Phone # (2V.3122River Basin 1F`L4 (q72Wk' Photos !�1 No _ Adj. Wtr. Body Pz>•MUCO 5Q&&�Z�n /unkn)_ Waiver Required Yes Area Yes n/t Co OM10 In DWQ Buffer Closest Maj. Wtr. Body __� 14Yi�[.! Specify DWQ Buffer if applicable: Restoration Extension Granted Yes No NOV Date 3— Initial Req. Comp. Date I/�� /y— Restoration Letter CNOV Date ._ —__ Date Comp. Observed _ __.-- Acceptance Date Penalty Assessment 71.0409 Re(._ I Recomm, Assess. DCM Assess. ' App./Permit Feel Y� is (% $ Sent to Respondent Date_ j Penalty (y. y�ilOQ—��—y�$ Rcvd by DCM Date Willful/In= ——� tent. ; $ S Assessment Extended Yes No I $ i S Continuing _ I Other i i S $ Formal Assessments, Appeals and Reductions Date Long Form 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 penalty/NOV ❑ Injunction to complete restoration Date Collection Let. Sent Date Demand Let. Sent Violation Activities and Impacts AECs Affected: OP 10 PTA PTS OEA • HHF IH PWS: FC: Other: Restoration Required by the Respondent &/ No Wetlands Impacted? Ye No, SA DS- C1 SY • A SS SC SP IF BF If yes, which 404 Dimensions in excess of permit/ unauthorized activities Dimensions to restore Final dimensions allowed Actually restored Development Activities L SO) L !N -- S7>O F All AZIE — Habitat Description � I NOTES: Closing Payment Received Date Case Closed 4 07-Sep-05 NC DIVISION OF COASTAL MANAGEMENT ENFORCEMENT RECORD CASE NUMBER LAST NAME FIRST NAME BUSINESS NAME: 005-25A IFORMAN TRIP REAL KITEBOARD O CASE IS CLOSED J Previous Violations in Same AEC NOV DATE CLOSURE DATE Elapsed Days AFFLILIATION SECTOR --� for Similar Activities 8/3/2005 35 PROPERTY OWNE ICOMMERCIAL MAILING ADDRESS CITY STATE ZIP CODE PHONE NUMBER FOS 1614 BUXTON NC 27920- (252) 305-6596 PROPERTY ADDRESS COMMUNITY WATERBODY NEAREST ROAD 45672 HWY 12 IWAVES PAMLICO SOUND NC 12 DISTRICT OFFICE COUNTY DCM REPRESENTATIVE LPO CONTACT ECDO DARE ICECE I VIOLATION TYPE AFFECTED AEC(S) ! J CW I EW PTA J. ES ❑ PTS V MAJOR CAMA plus DREDGE AND FILL OEA HHFA IHA PWS ❑ NCRA i NATURE OF VIOLATION AEC DESCRIPTION ������ffflll Unautnorized major development and violation of the 5tate'S Uredge & 1--ill law by tilling coastal wetlands within the CW and ES AECs adjacent to Pamlico Sound. RESTORATION STATUS --- RESTORATION NOT REQUIRED CONTRACTOR RESTORATION NOT REQUIRED - PERMITTABLE DEVELOPMENT RESTORATION NOT REQUIRED - FURTHER IMPACTS LJ RESTORATION PENDING PENALTY STATUS PENALTY ISSUED PENALTY NOT ISSUED -.. CONRACTOR'S FIRST OFFENSE sq RESTORATION REQUEST DATE COMPLETION DATE 8/19/2005 8/22/2005 RESTORATION EXTENDED RESTORE DATE ❑ DEADLINE EXTENDED ❑ REFERRED TO AG'S OFFICE - COLLECTION ❑ REFERRED TO AG'S OFFICE - INJUNCTION ASSESSMENT DATE PENALTY AMOUNT COLLECTION DATE AMOUNTCOLLECTED I WILLFUL INTENTIONAL PENALTY (MIN. OR DOUBLED) CNOV ISSUED SETTLED, AGREED UPON, OR STIPULATED PENALTY - - PENALTY APPEALED L_i UNCOLLECTIBLE PENALTY Violations Involving Adversely Impacted Resources AMOUNT OF ADVERSELY DISTURBED AREA (SO. FT.) AMOUNT OF RESTORED AREA (SQ. FT) I NOTES . FORMALCPAISSUED 04-Nov-05 NC DIVISION OF COASTAL MANAGEMENT ENFORCEMENT RECORD -� CASE NUMBER LAST NAME FIRST NAME BUSINESS NAME: 05-25A IFORMAN IREAL KITEBOARD i� CASE IS CLOSED Previous Violations in Same 1 AEC for Similar Activities NOV DATE CLOSURE DATE Elapsed Days AFFLILIATION SECTOR 8W2005 r $3 1PROPERTY OWNER COMMERCIAL MAILING ADDRESS CITY STATE ZIP CODE PHONE NUMBER POB 1614 BUXTON NC 27920- (252) 305-6596 PROPERTY ADDRESS COMMUNITY WATERBODY NEAREST ROAD 45672 HWY 12 IWAVES 1PAMLICO SOUND NC 12 DISTRICT OFFICE COUNTY DCM REPRESENTATIVE LPO CONTACT ECDO DARE ICECE I VIOLATION TYPE Ni CW L 1 EW [-I PTA ICJ ES L I PTS MAJOR CAMA plus DREDGE AND FILL I I OEA ❑ HHFA ❑ IHA I I PWS II NCRA NATURE OF VIOLATION AEC DESCRIPTION Unauthorized major development and violation of the State's Dredl coastal wetlands within the CW and ES AECs adjacent to Pamlico boo sq.tt. or RESTORATION REQUEST DATE COMPLETION DATE ©1 8/19/2005 1 8/22/2005 ❑ RESTORATION NOT REQUIRED - CONTRACTOR -� RESTORATION EXTENDED RESTORE DATE DEADLINE ❑ RESTORATION NOT REQUIRED - PERMITTABLE DEVELOPMENT EXTENDED ❑ RESTORATION NOT REQUIRED -FURTHER IMPACTS REFERRED TO AG'S rOFFICE - INJUNCTION INJUNCTION ❑ RESTORATION PENDING ATEN - � ', REFERRED TOOAG'S OFFICE -COLLECTION -- COLLECTION REQUEST DATE: F_ ASSESSMENT DATE PENALTY AMOUNT COLLECTION DATE AMOUNT COLLECTED 10/13/2005 $525 10/25/2005 $525 U PENALTY ISSUED WILLFUL 8 INTENTIONAL PENALTY MIN. OR DOUBLED) ElPENALTY NOT ISSUED CNOV ISSUED CNOV DATE ❑ CONRACTOR'S FIRST OFFENSE I C-i PENALTY APPEALED APPEAL DATE ❑ FORMAL CPA ISSUED FORMAL CPA DATE ❑ 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.) AMOUNT OF RESTORED AREA (SQ. FT) �- NOTES .�. 5 '., ' .� ..r L. ..� � �- .... 1. J_ ;., �.. ii .� 1 __ .. ...._ ._. .� .. i .� �s�' , ,,..... 1 �_,. �.. �. .�i ,_ _ .. f;�