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Home My WebLink About05-30A GajarFrank Gajaz November 13, 2006 'VOV 2 9 Page 3 of 3 00A,97AL A AN Ek'ZQ�rH C -r � CAMA VIOLATION # 05-30A Frank Gajar Port O' Call, LTD 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 $150.00 against me for violation of the Coastal Area Management Act, NCGS 113A-100 et M, committed on or near my property 917 S. Virginia Daze Trail in Dare County, North Carolina. In order to rPsoLve_this-natter—with-no-ftirther-action-or-expense-on-my-parO-accept-responsihility ..... for the violation as described in the Notice of Violation letter dated November 2, 2005, and agree to pay the proposed civil assessment of $150.00. POV 12C. A006 DATE SIGNATURE C ;d' aj-x 1�09 j� Aj}D--DRESS]j� `C1et71--'.if�UZL (Att—c , � ITA ;zl6 s-q4 f TELEPHONE NO. r NCDENR North Carolina Department of Environment D€C 4 a?A9� and Natural Rtm i®i10 City DCM Division of Coastal Management Michael F. Easley, Governor Charles S. Jones, Director November 29, 2006 Mr. Frank Gajar Port O'Call, Ltd. P.O. Box 1309 Kill Devil Hills, NC 27948 William G. Ross Jr., Secretary u� ' RB TB T RE: Payment of Proposed Penalty for Violations of the Coastal Area Management Act, Dare County, CAMA Violation #05-30A Dear Mr. Gajar: This letter will acknowledge receipt of your Check #27326 in the amount of $150, and dated 11/26/06. 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. If you have any further questions concerning this matter, please contact me at my Elizabeth City office at 252-264-3901. Sincerely, �.cc,q f Frank A. Jennin s, III District Manager Northeast District FAJ/ybc cc TedEBY ndall, Assist Director, DCM, Morehead City Ro mpliance Coordinator, DCM, Morehead City ynn Mathis, Coastal Management Representative, DCM, Elizabeth City Donna Elliott, Local Permit Officer, Kill Devil Hills 1367 U.S.17 South, Elizabeth City, North Carolina 27909 Phone: 252-264.39011FAX: 252-264-37231Internet www.nocoastalmanagement.net An Equal Opportunity 1 Affirmative Action Employer— 30% Recycled by Fiber Weight AG`2 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 Mr. Frank Gajar Port O'Call, Ltd. P.O. Box 1309 Kill Devil Hills, NC 27948 November ��R AED 19DEC 2 2 2006 Momhoiid City DCM RE: Payment of Proposed Penalty for Violations of the Coastal Area Management Act, Dare County, CAMA Violation #05-30A Dear Mr. Gajar: This letter will acknowledge receipt of your Check #27326 in the amount of $150, and dated 11/26/06. 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. If you have any further questions concerning this matter, please contact me at my Elizabeth City office at 252-264-3901. Sincerely, Frank A. Jei s, III District Manager Northeast District FAJ/ybc cc: Ted Tyndall, Assistant Director, DCM, Morehead City Roy Brownlow, Compliance Coordinator, DCM, Morehead City Lynn Mathis, Coastal Management Representative, DCM, Elizabeth City Donna Elliott, Local Permit Officer, Kill Devil Hills 1367 U.S.17 South, Elizabeth City, North Carolina 27909 Phone: 252-264-39011 FAX 252-264-37231 Internet www.necoastalmanagement.net An Equal Opportunity 1 Affirmative Action Employer - 30% Recycled by Fiber Weight Frank Gajar November 13, 2006 Page 3 of 3 �D 2 9 CD£C1Z48Erh crryfNr CAMA VIOLATION # 05-30A Frank Gajar Port O' Call, LTD 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 $150.00 against me for violation of the Coastal Area Management Act, NCGS 113A-100 et sec, committed on or near my property 917 S. Virginia Dare Trail in Dare County, North Carolina. In order to --- re solve_thismatter-with_no f uther-action-or-expense_on_my-part, I -accept -responsibility for the violation as described in the Notice of Violation letter dated November 2, 2005, and agree to pay the proposed civil assessment of $150.00. PO v . ;?6 A006 DATE SIGNATURE �o � �J)C I.�0q 11 ,, ADDRESS �SCt,t_267it, 4(t csS �5-A ;?f6 S- TELEPHONE NO. DCM ENFORCEMENT TRACKING REPORT T✓?✓h�i.'�j 'iL—s p7 Ta . Issuer 0 � u3 13' Field Rep,y dLjt7 is ❑ Violation Base No. LPO Violated Permit No, LPj (If applicable) Violation Description Was activity permittable7 Yes / No Initial Discovery Date AkV. 8, AEC Discovery Method ne/ A n •rl ' 2 ' ?sYJ ' j+, rn rf4 �u /ji acYn/Es22cy Violation Description &4,1G,�W/ atC z,4n n 44,jaa .n /J ldJ IJ 4 IJI-I&IL Prior Violations in same AEC: Yes I Respondent Name(s) Address to %3 i 3___ v� lei)d ZzY6 City Phone # a'Iar fo(u rJ Fax # State_ Zip Email Violation Type: Project Type: Authorizations Required: Site Visits Respondent Site Visits Respondent Present Present JCJ No Permit ❑ Private/Community ❑ Major CAMA ❑ ❑ Permit-Gondition ovUPublic Mir -D&F ,El Expired Permit l YJ Commercial ❑ General El�— XInconsistent wl Rules � �' ❑ ❑ Violation Location and Site Description Rover File Project Location: County �:)+ez t Shoreline Length - Street Address/ State Road/ Lot #(s) qI-? KI ACdC 4✓4ef /3/ SAV: Notsure Yes No [HLJS A(c. 27�1 " Sandbags: Not Sure Yes No Al/14 PNA: Yes No Adjacent Subdivision ORW: Yes No Adjacent City-41 / ZIP z •a ! 4`6�-- Crit. Halt. Yes No Phone # (—) River Basin Photos Yes No Adj. Wtr. Body ff/74NP6 d �A' I n /man lunkn) Waiver Required Yes No �(Zf ��6 In DWQ Buffer Area Yes No Closest Maj. Wtr. Body - Specify DWQ Buffer if applicable: Restoration Extension Granted Yes No NOV Date CNOV Date _49-- Penalty Assessment Sent to Respondent Date Rcvd. by Dist. Mgr. Date Assessment Extended Yes Initial Req. Comp. Date Date Comp. Observed 71.0409 Ref. Restoration Letter Acceptance Date Recomm. Assess.: DCM Assess. App./Permit Fee „yv L $ $ Penalty (TJJ11�i[f $-7Y'-�sS�m $ No -Willful/Intent. -_-_-_ S $ — Continuing $ $ Other $ $ 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 u Respondant not responsive to penalty1NOV r i Injunction to complete restoration Date Collection Let. Sent Date Demand Let. Sent Violation Activities and Impacts AECs Affected: Wetlands Impacted? Yes Qjo If yes, which types: CW EW PTA ES PTS HHF IH SA DS C1 SY A LS TY SS SC SP IF BF 404 PWS: FC: Other: t' Restoration Required by the Respondent Yes / No JktL7&M--yL, A(,, &cp,9G Qlt� Njtoy�'PIA GWd Si/13A+111-Z-71. Dimensions in excess of permit/ unauthorized activities Dimensions to restore Final dimensions allowed Actually restored Development Activities No ac-Ytc-vvn-t /'/ . &,/v G ar v _ I Habitat Description I I NOTES: — Sew /1jJ7rcr%» 6 //lr9tl12y �U /LL-/h2/J/sV� �J`7/ls -7-�si&�c.�.,�r2 ��i4 vrr cc� �rs,�m�r� ioa-L //I�1 /r (•H'L/�. f�— �r'�- rI �<i rc wio 1 i 1 /rl�ts iln� irvya[vc� �/ /7I� /v�Tr,o� /ryJ�i��fTea�v (��27 �� .. 2 Closing / Payment Received 8._LS'...... _...----- -`. Date Case Closed �! AL LA NCDENR North Carolina Department of Environment and Natural Resources Division of Coastal Management Michael F. Easley, Govemor Charles S. Jones, Director William G. Ross Jr., Secretary November 13, 2006 CERTIFIED MAIL RETURN RECEIPT REQUESTED Frank Gajar Port O' Call, LTD Post Office Box 1309 Kill Devil Hills, North Carolina 27948 RE. CAMA MINOR VIOLATION #05-30A Dear Mr. Gajar: This letter is in reference to the Notice of Violation dated November 2, 2005, that Local Permit Officer Donna Elliott, for the Town of Kill Devil Hills, issued to Port O' Call, LTD for disturbing a primary dune at 917 S. Virginia Dare Trail, Dare County. The violation involved the Ocean Hazard Area, which is an Area of Environmental Concern designated by the Coastal Resources Commission. Based upon the site visit conducted on July 3, 2006, by Donna Elliott, the dune has been restored and vegetation on the dune is regenerating. The Coastal Area Management Act provides that a civil assessment of up to $250.00 may be assessed for any minor 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 $150.00 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 $150.00 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 Frank Gajar November 13, 2006 Page 2 of 3 against you. You will then have the opportunity to request a hearing on the penalty or request remission of the penalty. 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, Frank A. Je ings, III District Manager Enclosures cc; Ted Tyndall, Assistant Director, DCM Roy Brownlow, Compliance Coordinator, DCM Lynn W. Mathis, Field Representative, DCM Donna Elliott, Town of Kill Devil Hills, LPO m Frank Gajar November 13, 2006 Page 3 of 3 CAMA VIOLATION # 05-30A Frank Gajar Port O' Call, LTD 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 $150.00 against me for violation of the Coastal Area Management Act, NCGS 113A-100 et seMc , committed on or near my property 917 S. Virginia Dare Trail 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 November 2, 2005, and agree to pay the proposed civil assessment of $150.00. DATE SIGNATURE ADDRESS TELEPHONE NO. RED Violation # 05-30A Subject: RE: Violation # 05-30A From: "Elliott, Donna" <DONNA@kdhnc.com> Date: Fri, 30 Jun 2006 09:23:59 -0400 To: "Lynn Mathis" <Lynn.Mathis@ncmail.net> I rode out and took at look at this site again yesterday. There is vegetation growing along the dune that had been cut into. Also, the scarp that was there when the land mover cut into it is gone and it is sloped and smooth with vegetation beginning to grow back on it. I don't know if Frank had someone do that or if it just happened naturally. It looks ok now. Thanks! Have a great week -end and Happy 4th! Donna -----Original Message ----- From: Lynn Mathis [mailto:Lynn.Mathis@ncmail.net] Sent: Wednesday, June 28, 2006 3:32 PM To: Elliott, Donna Subject: Violation # 05-30A This NOV was sent to Port 0' Call I must update this matter to Morehead. Was this resolved and can we sent the penalty. According to the letter there was restoration required. Let me know the status and what action needs to be taken. Thanks Lynn 1 of 1 7/3/2006 7:58 Ab Violation # 05-30A Subject: Violation # 05-30A From: Lynn Mathis <Lynn.Mathis@ncmail.net> Date: Wed, 28 Jun 2006 15:31:49 -0400 To: Donna Elliott <donna@kdhnc.com> This NOV was sent to Port O' Call I must update this matter to Morehead. Was this resolved and can we sent the penalty. According to the letter there was restoration required. Let me know the status and what action needs to be taken. Thanks Lynn I of 1 6/28/2006 3:32 PN. Nov. 2. 2005 6;OOPM -Director uC YLwaing and Inspection GREG LOY Planner STEVE ALBRIGHT Sc=tary NANCY MILLER Town of KW THE TOWN OF JML A)EVIL HMLS NORTH CAROLINA PLANNING DEPARTMENT v November 2, 2005 .4� Port O' Call LTD Frank Gajar ^` PO Box 1309 t \\l1 Kill Devil Hills, NC 27949 RE: Notice oP Violation " Dear Mr. Gajar.. No.0184 P. 1 Assinini Planning Dirmtor MERL•D1TH GUNS Airing Admuristmtnr DONNA ELLIOTT BuildingIaspmtors MATTLOWCHER ALVIN ROUNTREE This letter eontlrms that on November 2, 2005, I was at 917 South Virginia Dare Trail adjacent to the Addnd Ocean in Dare County, North Carolina. The purpose of the visit was to investigate damage to primary dunes within the ocean hazard area of environmental concern. Matt Lowcher, Kill Devil Hills Building Inspector, did contact you concerning this matter and a Stop Work Order was posted at this site. 1 request that you DINiRDIATELY CEASE AND DESIST any further unauthorized development activities within designated AFC's on this property, You will be required to restore the land to its former condition and/or bring all aspects of the project into compliance. A civil assessment of up to Two Hundred and Fifty Dollars ($250.00) may be assessed against any violator. Each day that the development activity described in this Notice is continued or repeated may constitute a separate violation which is subject to an additional assessment of tip to $250..00. An injunction or criminal penalty may also be sought to enforce any violation (NCGS 113A-126). It is the policy of the Coastal Resources Commission to levy a minimum civil as:Kssmcnt of Fitly Dollars ($50.00) against all violators of CAMA Minor Development Permit requirements. 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 amount of resources affected, the extent of the damage to the resources, and whether full cooperation is forthcoming in bringing the project into compliance.. Pending the satisfactory resolution of this Violation, and my submission of an Enforcement Report to the District Manager of the Division of Coastal Managemetit , you will be notified of the amount of your civil assessment. A site inspection will be made in the near future to determine whether this STOP WORK ORDER has been complied with. Thank you for you cooperation in resolving this important matter.. If you have any questions, please do not hesitate to contact me ai 252.449-5310. . Sincerely, Donna Elliott Local CAMA Officer Cc: DCM Field Representative 102 Town Hall Drive • PO Box 1719 *Kill Devil Hills, NC 27948 ` (252) 449.5318 . Fax (252) 441.4102 NCDENR rNw()v l y Z006 North Carolina Department of Environment and Natur� I" Res urces Division of Coastal Management More lioMd City DCM Michael F. Easley, Governor Charles S. Jones, Director William G. Ross Jr., Secretary November 13, 2006 JLSB CERTIFIED MAIL --�CTB JMAB RETURN RECEIPT REQUESTED RB Frank Gajar Port O' Call, LTD Post Office Box 1309 Kill Devil Hills, North Carolina 27948 RE. CAMA MINOR VIOLATION #OS-30A Dear Mr. Gajar: This letter is in reference to the Notice of Violation dated November 2, 2005, that Local Permit Officer Donna Elliott, for the Town of Kill Devil Hills, issued to Port O' Call, LTD for disturbing a primary dune at 917 S. Virginia Dare Trail, Dare County. The violation involved the Ocean Hazard Area, which is an Area of Environmental Concern designated by the Coastal Resources Commission. Based upon the site visit conducted on July 3, 2006, by Donna Elliott, the dune has been restored and vegetation on the dune is regenerating. The Coastal Area Management Act provides that a civil assessment of up to $250.00 may be assessed for any minor 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 $150.00 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 $150.00 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 Frank Gajar November 13, 2006 Page 2 of 3 against you. You will then have the opportunity to request a hearing on the penalty or request remission of the penalty. 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, Frank A. Je gs, III District Manager Enclosures cc: L TeZTyndall,,:AAssistant Director,DCMRoCompliance Coordinator DCM Lynn W. Mathis, Field Representative, DCM Donna Elliott, Town of Kill Devil Hills, LPO t Frank Gajar November 13, 2006 Page 3 of 3 CAMA VIOLATION # 05-30A Frank Gajar Port O' Call, LTD 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 $150.00 against me for violation of the Coastal Area Management Act, NCGS 113A-100 et sea, committed on or near my property 917 S. Virginia Dare Trail 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 November 2, 2005, and agree to pay the proposed civil assessment of $150.00. DATE SIGNATURE ADDRESS TELEPHONE NO. 28-Dec-06 NC DIVISION OF COASTAL MANAGEMENT ENFORCEMENT RECORD CASE STAT S CASE NUMBER LAST NAME FIRST NAME BUSINESS NAME: CASE IS OPEN I 05.30A JGAJAR IPORT O' CALL, LTD CASE IS CLOSED I Previous Violations in Same ❑ AEC for Similar Activities: NOV DATE CLOSURE DATE Elapsed Days AFFLILIATION SECTOR ifL�2t?0:: 1� I PROPERTY OWNER COMMERCIAL Duplicate Record XL10-3 1030 MAILING ADDRESS CITY STATE ZIP CODE PHONE NUMBER POB 1309 KILL DEVIL HILL NC 27948- F— Show Related Violations PROPERTY ADDRESS COMMUNITY WATERBODY NEAREST ROAD 917 VIRGINIA DARE TRAIL KILL DEVIL HILLS ATLANTIC OCEAN DISTRICT OFFICE COUNTY DCM REPRESENTATIVE LPO CONTACT ECDO DARE INotAvailable ID. ELLIOTT VIOLATION TYPE AFFECTED AEC(S) U CW ❑ EW [I PTA ❑ ES ❑ PTS MINOR CAMA ❑/ OEA ❑ HHFA ❑ IHA ❑ PWS ❑ NCRA NATURE OF VIOLATION AEC DESCRIPTION ized minor development by engaging in land to the Atlantic Ocean. activity on a primary dune within the OEA AEC RESTORATION STATUS RESTORATION REQUEST DATE COMPLETION DATE V1 RESTORATION REQUIRED 12/5/2005 7/3/2006 RESTORATION NOT REQUIRED - CONTRACTOR RESTORATION EXTENDED RESTORE DATE -I RESTORATION NOT REQUIRED - PERMITTABLE DEVELOPMENT ❑ DEADLINE EXTENDED ❑ RESTORATION NOT REQUIRED - FURTHER IMPACTS ❑ REFERRED TO AG'S OFFICE - INJUNCTION ❑ RESTORATION PENDING INJUNCTION REFER DATE: I— ❑ REFERRED TO AG'S OFFICE - COLLECTIONS COLLECTION REQUEST DATE: F_ LP ENAITY STATUS ASSESSMENT DATE PENALTY AMOUNT COLLECTION DATE AMOUNT COLLECTED 11/1312006 1 11/29/2006 $150 ❑ PENDING ❑ WILLFUL & INTENTIONAL PENALTY (MIN. OR DOUBLED) [] PENALTY ISSUED ❑ CNOV ISSUED—CNOV DATE ] PENALTY NOT ISSUED ❑ PENALTY APPEALED F APPEAL DATE ❑ FORMAL CPA ISSUED [—FORMAL CPA DATE [f CONRACTOR'S FIRST OFFENSE ❑ SETTLED. AGREED UPON. STIPULATED PENALTY SETTLEMENT DATE Ll UNCOLLECTIBLE PENALTY F—UNCOLLECTIBLE DETERMINATION DATE Violations Involving Adversely Impacted Resources AMOUNT OF ADVERSELY DISTURBED AREA (SO. FT.) F_ AMOUNT OF RESTORED AREA (SQ. FT) NOTES