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HomeMy WebLinkAbout07-43C Morgan Creek LandingsEMMA
NC ENR
North Carolina Department of Environment and Natural Resources
Division of Coastal Management
Michael F. Easley, Governor James H. Gregson, Director William G. Ross Jr., Secretary
NOTICE OF VIOLATION
8/17/07
CERTIFIED MAIL
RETURN RECEIPT REQUESTED
Morgan Creek Landings, Inc.
C/O Mr. Jim Bailey, Principal
5113B Hwy 70
Morehead City, NC 28557
RE:VIOLATION(S) OF CAMA MAJOR DEVELOPMENT PERMIT NO. 48450C
CAMA VIOLATION #07.43C
Dear Mr. Bailey:
This letter confirms that on 8/16/07, Roy Brownlow, Compliance Coordinator, and I were onsite at your
property located at 233 Old Causeway Road adjacent to Bogue Sound located in Beaufort, off Hwy 70,
Carteret County, North Carolina. The purpose of the visit was to monitor the permitted reconfiguration and
excavation of an existing boat basin within Bogue Sound. This permit is a renewal of the excavation
portion of State Permit No.443000.
Information gathered by me for the NC Division of Coastal Management shows that you have violated the
terms or conditions of CAMA/Dredge and Fill State Permit No. 48450C which was issued to you by the
Coastal Resources Commission and the North Carolina Department of Environment and Natural
Resources. I hereby request that you immediately CEASE AND DESIST such violation(s) and comply with
the terms and conditions of the above permit.
On 4/24107, State Permit No. 48450C was issued to Morgan Creek Landings, Incorporated for the
reconfiguration of existing docks and excavation within Bogue Sound on property located in Carteret
County, North Carolina, off Hwy 70. This permit was issued for a CAMA Major Development in an Area of
Environmental Concern, in accordance with North Carolina General Statutes (N.C.G.S.)113A-118, and for
excavation and filling, N.C.G.S. 113-229(a). This permit included terms and conditions(s) that marsh areas
shall not be disturbed.
You are responsible for the violation of the aforementioned terms and conditions(s) of your permit by
excavating a ±70' long by ±4' wide (average) area of marsh and coastal wetlands adjacent to the west
bulkhead and excavating a ±15' long by ±4' wide (average) area of marsh and coastal wetlands adjacent to
the north bulkhead.
400 Commerce Avenue, Morehead City, North Carolina 28557
Phone: 252-808-2808 \ FAX: 252-247-3330 \ Internet: www.nccoastalmanagement.net
An Equal Opportunity \ Affirmative Action Employer— 50% Recycled \ 10% Post Consumer Paper
0.
Morgans Creek Landing, Inc.
C/O Mr. Jim Bailey
8/17/07
Page 2 of 4
If the terms and conditions of a permit are not complied with, the permit is null and void from the date of its
issuance. To comply with the terms and condition(s) of the permit the disturbed and excavated areas of
marsh and coastal wetlands must be restored to the predevelopment conditions and vegetated with
Smooth Cordgrass S artina alterniflora in these sections. Any existing debris may be removed manually
from the marsh areas so long as the marsh substrate is not disturbed.
If you intend to cooperate with this request, please sign one of the attached Restoration Agreements and
return it 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.
A civil penalty of up to Twenty -Five Hundred Dollars ($2,500) may be assessed, or an injunction or criminal
penalty may be sought against any person who violates a CAMA Major Development permit. It is the policy
of the Coastal Resources Commission to assess a minimum civil penalty of $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 will depend on several factors,
including the nature and area of the resources that were affected and the extent of the damage to them. If
restoration of the affected resources is requested but is not undertaken or completed satisfactorily, a
substantially higher civil penalty will be assessed and a court injunction will be sought ordering restoration
(N.C.G.S. 113A-126). In addition, criminal penalties, damages, and/or an injunction may be sought against
any person who violates a Dredge and Fill Permit in accordance with N.C.G.S. 113-229(k) and (1).
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.
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) 808-2808. 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 failure to act in accordance with the terms, conditions, or
requirements of such permit.
400 Commerce Avenue, Morehead City, North Carolina 28557
Phone: 252-808-2808 \ FAX: 252-247-3330 \ Internet: www.nccoastalmanagement.net
An Equal Opportunity \ Affirmative Action Employer — 50% Recycled \ 10% Post Consumer Paper
Morgans Creek Landing, Inc.
C/O Mr. Jim Bailey
8/17/07
Page 3 of 4
Sincerely,
I
Ryan Davenport
Coastal Management Representative
Cc: R. Andrew Harris, Registered Agent
Ted Tyndall, Assistant Director, DCM
Tere Barrett, District Manager, DCM
Roy Brownlow, Compliance Coordinator, DCM
Micky Sugg, USACE
Joanne Steenhuis, DWQ
ENCLOSURE
400 Commerce Avenue, Morehead City, North Carolina 28557
Phone: 252-808-2808 \ FAX: 252-247-3330 \ Internet: www.nccoastalmanagement.net
An Equal Opportunity \ Affirmative Action Employer — 50% Recycled \ 10% Post Consumer Paper
Morgans Creek Landing, Inc.
C/O Mr. Jim Bailey
8/17/07
Page 4 of 4
RESTORATION PLAN
For
Morgans Creek Landings, Inc. Property
C/O Mr. Jim Bailey
CAMA Violation No. 07- 43C
Property located at 233 Old Causeway Rd, Carteret County
I, Jim Bailey, on behalf of Morgan Creek Landings, Inc. agree to restore the 70' and 15' fringes of marsh to
original grade, contour and dimensions and vegetate with Smooth Cordgrass S artina altemiflora in these
sections.
I agree to complete this restoration to the satisfaction of the Division of Coastal Management (DCM) by
9/17/07, 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 $500 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.
400 Commerce Avenue, Morehead City, North Carolina 28557
Phone: 252-808-2808 \ FAX: 252-247-3330 \ Internet: www.ncooastaimanagement.net
An Equal opportunity \ Affirmative Action Employer— 50% Recycled \ 10% Post Consumer Paper
DCF./I ENFORCEMENT TRACKING REPORT
m !n n (Trt Or}— Issuer 07y3
! y. Field Rep. r.__ ✓� � '+�L'i Violation base No. -._ .
t LPO B �G
Violated Permit No.
e� LPj (if applicable)
Violation Description Was activity permittable? Yes I No
Initial Discovery Date�I/ Discovery Method_ -jol-0 %�/L ---
Violation DescriptionFegti�+/L-n Olt /�I/.!/1__-,_r/litter
Respondent Information Prior Violations in same AECtYqsf No / .Case Number•,::; +:";'-01
Respondent Names) 141 o�p�Crrc� �m4.t3 <U—��t�sn6a!(rr andown / gent/ ontr�ac o
Address—_ S—Yl3 6 ll(,—v 7P City —fit C/ Stated
Phone #__ �� (2oU Fax #
Email
Violation Type: Project Type: Authorizations Required: Site Visits Respondent Site Visits Respondent
L No Permit ❑ Private/Community 19'Major ❑ CAMA / Present. Present
Permit Condition ❑ Govt./Public ❑ Minor ❑ D&F/`1 ' —--- ❑
L_J Expired Permit o? ----
Fr
% �-_� f� _ ❑
p �1 Commercial General /C ❑
Inconsistent wl Rules ------- --—
Violation Location and Site Description
// Rover File CAI
Project Location: County-�.(�/�-aI't1v _-- Shoreline Length ___J vU_ �`
Street Address/ State Road/ Lot #(s) _. SAV: Not Sure Yes CN
OU `A«)teSandbags: Not Sure Yes
Subdivision___ Mo Gtx < e A-de,4 PNA: Ya Adjacent
M ,� p ORW: Yes Adjacent
City_=!._ __ZIP—y//_�(/���/'1Crit.Hab. C7.
PesPhone# () iverBasin `Vtxi-'ev� �Photos No
Adj. Wtr. Body Li ✓'�"r'✓t (na ma lunkn1 Waiver Required N
---1J6 A -- — --- —
Closest Ma'. Wtr. Body�O b� G��"✓l In DWQ Buffer Area Yg
Restoration
NOV Date Initial Req. Comp. Date _! i? k% Extension Granted Yes No
Restoration Letter
CNOV Date --. Date Comp. Observed _—_—_-.—__ Acceptance Date _.
Penalty Assessment
Sent to Respondent Date
Rcvd. by Dist. Mgr. Date
Assessment Extended Yes No
—App./Permit Fee
71.0409 Ref
—�
Recomm. Assess. DCM Assess.
; yil(,
--
$--
Penalty
Is to U j $
_
Willful/Intent.
_ -----
--
Is-j�/✓�`') is
Continuing
Other
--—
-- Total -
4 I s
Is Is
lbu G i—'
Formal Assessments, Appeals and Reductions
Date Long Form Submitted
Date Formal CPA Submitted
Final Assessment
Attorney General's Office for Injunction or Formal Collection
Date sent to AG
Assessment Appealed Yes No
Penalty modified
❑ Respondent not responsive to penalty/NOV ❑ Injunction to complete restoration
Date Collection Let. Sent _- Date Demand Let. Sent _— —
Violation Activities and Impacts
AECs AfIH (Vd: Wetlands Impacted? es No If yes, which types:
CW EW PTA ES PTS SA DS Cl SY 1R LSFTY
EA HHF . SC SP 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
Habitat Description
ry
NOTES: —_—
Closing
Payment Received S — —Date-- Date Case Closed
` lsb
rb
North Carolina Department of Environment and Natural
Division of Coastal Management
Michael F. Easley, Governor James H. Gregson, Director
NOTICE OF VIOLATION
8/17/07
CERTIFIED MAIL
RETURN RECEIPT REQUESTED
Morgan Creek Landings, Inc.
C/O Mr. Jim Bailey, Principal
5113B Hwy 70
Morehead City, NC 28557
RE:VIOLATION(S) OF CAMA MAJOR DEVELOPMENT PERMIT NO. 48450C
LAMA VIOLATION #07-43C
Dear Mr. Bailey:
Resources
William G. Ross Jr., Secretary
This letter confirms that on 8/16/07, Roy Brownlow, Compliance Coordinator, and I were onsite at your
property located at 233 Old Causeway Road adjacent to Bogue Sound located in Beaufort, off Hwy 70,
Carteret County, North Carolina. The purpose of the visit was to monitor the permitted reconfiguration and
excavation of an existing boat basin within Bogue Sound. This permit is a renewal of the excavation
portion of State Permit No.443000.
Information gathered by me for the NC Division of Coastal Management shows that you have violated the
terms or conditions of CAMA/Dredge and Fill State Permit No. 48450C which was issued to you by the
Coastal Resources Commission and the North Carolina Department of Environment and Natural
Resources. I hereby request that you immediately CEASE AND DESIST such violation(s) and comply with
the terms and conditions of the above permit.
On 4/24/07, State Permit No. 48450C was issued to Morgan Creek Landings, Incorporated for the
reconfiguration of existing docks and excavation within Bogue Sound on property located in Carteret
County, North Carolina, off Hwy 70. This permit was issued for a CAMA Major Development in an Area of
Environmental Concern, in accordance with North Carolina General Statutes (N.C.G.S.) 113A-1 18, and for
excavation and filling, N.C.G.S. 11 3-229(a). This permit included terms and conditions(s) that marsh areas
shall not be disturbed.
You are responsible for the violation of the aforementioned terms and conditions(s) of your permit by
excavating a ±70' long by ±4' wide (average) area of marsh and coastal wetlands adjacent to the west
bulkhead and excavating a ±15' long by ±4' wide (average) area of marsh and coastal wetlands adjacent to
the north bulkhead.
400 Commerce Avenue, Morehead City, North Carolina 28557
Phone: 252-808-2808 \ FAX: 252-247-3330 \ Internet: www.nccoastalmanagement.net
An Equal Opportunity \ Affirmative Action Employer— 50% Recycled \ 10% Post Consumer Paper
Morgans Creek Landing, Inc.
C/O Mr. Jim Bailey
8/17/07
Page 2 of 4
If the terms and conditions of a permit are not complied with, the permit is null and void from the date of its
issuance. To comply with the terms and condition(s) of the permit the disturbed and excavated areas of
marsh and coastal wetlands must be restored to the predevelopment conditions and vegetated with
Smooth Cordgrass S artina alterniflora) in these sections. Any existing debris may be removed manually
from the marsh areas so long as the marsh substrate is not disturbed.
If you intend to cooperate with this request, please sign one of the attached Restoration Agreements and
return it 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.
A civil penalty of up to Twenty -Five Hundred Dollars ($2,500) may be assessed, or an injunction or criminal
penalty may be sought against any person who violates a CAMA Major Development permit. It is the policy
of the Coastal Resources Commission to assess a minimum civil penalty of $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 will depend on several factors,
including the nature and area of the resources that were affected and the extent of the damage to them. If
restoration of the affected resources is requested but is not undertaken or completed satisfactorily, a
substantially higher civil penalty will be assessed and a court injunction will be sought ordering restoration
(N.C.G.S. 113A-126). In addition, criminal penalties, damages, and/or an injunction may be sought against
any person who violates a Dredge and Fill Permit in accordance with N.C.G.S. 113-229(k) and (1).
The relevant statutes and regulations are available
complying with the requirements of these laws. P
determine whether this REQUEST TO CEASE AND
contact me immediately.
from this office, and I am willing to assist you in
site inspection will be made in the near future to
DESIST has been complied with. I request that you
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) 808-2808. 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 failure to act in accordance with the terms, conditions, or
requirements of such permit.
400 Commerce Avenue, Morehead City, North Carolina 28557
Phone: 252-808-2808 \ FAX: 252-247-3330 \ Internet: www.nccoastalmanagement.net
An Equal Opportunity \ Affirmative Action Employer — 50% Recycled \ 10% Post Consumer Paper
Morgans Creek Landing, Inc.
C/O Mr. Jim Bailey
8/17/07
Page 3 of 4
Sincerely,
Ryan Davenport
Coastal Management Representative
Cc: R. Andrew Harris, Registered Agent
Ted Tyndall, Assistant Director, DCM
Tere Barrett, District Manager, DCM
Roy Brownlow, Compliance Coordinator, DCM
Micky Sugg, USACE
Joanne Steenhuis, DWQ
ENCLOSURE
400 Commerce Avenue, Morehead City, North Carolina 28557
Phone: 252-808-2808 \ FAX: 252-247-3330 \ Internet: www.nccoastalmanagement.net
An Equal Opportunity \ Affirmative Action Employer— 50% Recycled \ 10% Past Consumer Paper
Morgfins Creek Landing, Inc.
C/O Mr. Jim Bailey
8/17/07
Page 4 of 4
RESTORATION PLAN
For
Morgans Creek Landings, Inc. Property
C/O Mr. Jim Bailey
CAMA Violation No. 07- 43C
Property located at 233 Old Causeway Rd, Carteret County
I, Jim Bailey, on behalf of Morgan Creek Landings, Inc. agree to restore the 70' and 15' fringes of marsh to
original grade, contour and dimensions and vegetate with Smooth Cordgrass S artina alterniflora in these
sections.
I agree to complete this restoration to the satisfaction of the Division of Coastal Management (DCM) by
9/17/07, 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 $500 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.
400 Commerce Avenue, Morehead City, North Carolina 28557
Phone: 252-808-2808 \ FAX: 252-247-3330 \ Internet: www.nccoastaimanagement.net
An Equal Opportunity \ Affirmative Action Employer — 50% Recycled \ 10% Post Consumer Paper
North Carolina Secretary of State
14
Page 1 of 1
North Carolina
Elaine F. Marshatl DEPARTMENT OF THE
Secretary SECRETARY OF STATE
PO Boa 29622 Raleigh, NC 27626-0622 (919)807-2000
CORPORATIONS
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Date: 8/14/2007
Click here to:
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Corporation Names
Name Name Type
NC Morgan Creek landings, Legal
Inc.
Business Corporation Information
SOSID:
0817220
Status:
Current -Active
Date Formed:
12/12/2005
Citizenship:
Domestic
State of Inc.:
INC
Duration:
Perpetual
Registered Agent
Agent Name: Harris, R Andrew
Registered Office Address: 304 North 35th Street
Morehead City NC 28557
Registered Mailing Address: P.O. Box 712
Morehead City NC 28557
Principal Office Address: 5113-B Highway 70
Morehead City NC 28557
Principal Mailing Address: 5113-B Highway 70
Morehead City NC 28557
Stock
Class Shares No Par Value Par Value
Common 100000 Yes N/A
For questions or comments about the secretary of State's web site, please send e-mail to Webmaster.
http://www.secretary.state.nc.us/corporations/Corp.aspx?Pitemld=7877416 8/14/2007
DCMQENFFORCEMENT TRACKING REPORT
1'rn % (T.� Ord - Issuer O7-Y1
Field Rep. -_ (. +d Violation Base No.
A B C D
LPO
Violated Permit No.
LPJ (if applicable)
Violation Description Was activity permittable? Yes I No
Initial Discovery Date11 Wili- Discovery Method_ J'D/f/l -_
Violation Description _-.-.__. r'J�!..__.__
Violations in same AEC-kyow No Case.Numbet
Respondent Names) / ' "�_?f+�'-r«'t- `--'"'','r t$ `--"z -ff-0-t `I �K andown Age
Address_ S (13 6 %0 City -��C Stated
Phone #__ ^ ��b Fax #
Email_. --
Violation Type: Project Type: Authorizations Required: Site Visits Respondent Site Visits Respondent
�] No Permit ❑ Private/Community �' Major Present Present AMA p�ld ,Z � ---- ❑
Permit Condition ❑ Govt./Public ❑ Minor D&F - 07 ---
Expired Permit �1 Commercial L General xtzl ---- ❑
Inconsistent wl Rules
Violation Location and Site Description
A // // Rover File
Project Location: County-__S� Shoreline Length
Street Address/ State Road/ Lot #(s) _ SAV: Not Sure Yes
_1)� OU}6t)e�jy-� _— Sandbags: Not Sure Yes
1
Subdivision__ c r 9� _C/ts < <�yr� .'t PNA: Yes C54�F° Adjacent
M ORW: Yes Adjacent
�- - -'- 5------
City— =! ._l�C ZIP- W ___-_- Crit. Hab. Yes o
Phone# (.__)— j2iverBasinyhrr�� �_ Photos � No
Adj. Wtr. BodyQtr�1."__-__—lo3E m lulVini_. Waiver Required lYles N
Closest Ma'. Wtr. Body/� 6��'✓l In DWQ Buffer Area Yes
Restoration
NOV Date __.L tVe-2..
CNOV Date _+—.
Initial Req. Comp. ` Date — 1-,� �7�/-0'-?
Date Comp. Observed ZS1____J
Penalty Assessment
Sent to Respondent DateZ11%
Rcvd. by Dist. Mgr. Date
Assessment Extended Yes N
Extension Granted Yes No
Restoration Letter g%t %?
7J.0409Ref-.
/144CtIlG11YG VOIG
Recomm. Assess.
--r--Y--
DCM Assess.
Fee
E yC1C7
E-
_App./Permit
Penalty I
--
E l a U
E
Willful/Intent.
--
-
�E
TI -
Continuing
E
E
Other
-- —
— - — --- —�—
Total
IE
�W 6
----1--
E
d
1 a —
Formal Assessments, Appeals and Reductions
Date Long Form Submitted Assessment Appealed Yes No
Date Formal CPA Submitted
❑ Penalty modified
Final Assessment $—__ Date_
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 Aff d: Wetlands Impacted? (0 No If yes, which types:
CW EW PTA ES PTS
EA HHF IH SA DS CI SY 1R LS TY
SC SP 404
PWS: FC:
Other:
Restoration Required by the Respondent CYe I No
Dimensions In excess
of permit/ unauthorized activities
Dimensions to restore
Final dimensions
allowed
Actually restored
Development Activities
_
70 xY /SX`/ _
.70 XY 1S -X_
_-- ---
— —
Habitat Description
I
I\G1IX.'A
Closing /� �( p
Payment Received S�XIL---Date V ��'� � Date Case Closed _. o
From the desk of ...
WATERFRONT
Lifestyle Properties
Jim Bailey
iimbailey@ec.rr.com
www.waterfrontlifestyleproperties.com
oo// .
9'aOfO7
(252) 241.1200 Cell • (252) 726-2060 Office • (800) 657.2060 Toll Free • (252) 726-8098 Fax
PO Box 1499 1 Morehead City, NC 28557
Morgans Creek Landing, Inc.
C/O Mr. Jim Bailey
8/17/07
Page 4 of 4
RESTORATION PLAN
For
Morgans Creek Landings, Inc. Property
C/O Mr. Jim Bailey
CAMA Violation No. 07- 43C
Property located at 233 Old Causeway Rd, Carteret County
I, Jim Bailey, on behalf of Morgan Creek Landings, Inc. agree to restore the 70' and 15' fringes of marsh to
original grade, contour and dimensions and vegetate with Smooth Cordgrass S artina altemiflora in these
sections.
I agree to complete this restoration to the satisfaction of the Division of Coastal Management (DCM) by
9/17/07, 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 $500 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.
400 Commerce Avenue, Morehead City, North Carolina 28557
Phone: 252-808-2808 \ FAX: 252-247-3330 \ Internet: www.nccoastalmanagement.net
An Equal Opportunity \ Affirmative Action Employer— 50% Recycled \ 109/6 Post Consumer Paper
NCDENR
North Carolina Department of Environment and Natural Resources
Division of Coastal Management
Michael F. Easley, Governor James H. Gregson, Director William G. Ross Jr., Secretary
August 21, 2007
HAND DELIVERY
Morgan Creek Landings, Inc.
C/O Mr. Jim Bailey, Principal
5113-B Hwy 70
Morehead City, NC 28557
RE. CAMA VIOLATION #0743C
Dear Mr. Bailey:
Isb -20%
tb mtt
rb
This letter is in reference to the Notice of Violation dated 08/17/2007 that Ryan Davenport, representative for
the Division of Coastal Management, issued to you for violation of permit conditions and violation of the State's
dredge and fill law at property located at 233 Old Causeway Road, Carteret County. The violation involved
Coastal Wetlands, which are Areas of Environmental Concern designated by the Coastal Resources
Commission. Based upon the site visit conducted on 08/21/2007 by Mr. Davenport, 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. Prior to issuing the permit, Mr. Davenport provided clear and direct instruction that the
coastal wetlands were not to be disturbed. The amount of the civil assessment proposed against you as
Principal for Morgan Creek Landings, Incorporated reflects the willful and intentional nature of your
noncompliance with the Coastal Area Management Act (CAMA) and the Coastal Resource Commission's rules.
Under the rules of the Coastal Resource Commission, a proposed civil penalty in the amount of $1,000.00 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 $1,000.00 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.
400 Commerce Ave., Morehead City, North Carolina 28557
Phone: 252-808-2808 \ FAX: 252-247-3330 \ Internet: www.nccoastalmanagement.net
An Equal Opportunity \ Affirmative Action Employer- 50% Recycled \ 10% Post Consumer Paper
Morgan Creek Landings, Inc.
C/O Mr. Jim Bailey
August 21, 2007
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 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) 808.2808.
714
Roy Brownlow, Compliance Coordinator
Division of Coastal Management
Enclosures
cc: Ted Tyndall, Assistant Director, DCM
Tere Barrett, District Manager, DCM
Ryan Davenport, Compliance and Enforcement Representative, DCM
400 Commerce Ave., Morehead City, North Carolina 28557
Phone: 252-808-2808 \ FAX: 252-247-3330 \ Internet: www.nccoastalmanagement.net
An Equal Opportunity \ Affirmative Action Employer— 50% Recycled \ 100/6 Post Consumer Paper
Morgan Oreek Landings, Inc.
00 Mr. Jim Bailey
August 21, 2007
Page 3 of 3
LAMA VIOLATION 407-43C
MORGAN CREEK LANDINGS, INC.
C/O MR. JIM BAILEY, PRINCIPAL
AGREEMENT TO PAY PROPOSED CIVIL ASSESSMENT
I understand on behalf of Morgan Creek Landings, Inc. that the staff of the Department of Environment and
Natural Resources will propose the assessment of a civil penalty in the amount of $1,000.00 against me as
Principal for Morgan Creek Landings, Inc. for violation of the Coastal Area Management Act, NCGS 113A-100
et sea, committed on or near property at 233 Old Causeway Road in Carteret 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 08/17/2007, and agree to pay the proposed civil assessment of
$1,000.00.
�/
DATE
ADDRESS
TELEPHONE NUMBER
400 Commerce Ave., Morehead City, North Carolina 28557
Phone: 252-808-2808 \ FAX: 252-247-3330 \ Internet: www.nccoastalmanagement.net
An Equal Opportunity \ Affirmative Action Employer - 50% Recycled \ 10% Post Consumer Paper
t,
MCDEN
North Carolina Department of Environment and Natural Resources
Division of Coastal Management
Michael F. Easley, Governor James H. Gregson, Director William G. Ross Jr., Secretary
08/21/2007
Morgan Creek Landings, Inc.
C/O Mr. Jim Bailey
5113-B Hwy 70
Morehead City, INC 28557
RE: Payment of Proposed Penalty for Violations of the Coastal Area Management Act
Carteret County
CAMA Violation #07-43C
Dear Mr. Bailey:
This letter will acknowledge, receipt of your Check #1181, in the amount of $1,000.00, and dated
08/21/2007. 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 Morehead City office,
(252)808-2808.
' cerely,
Roy Brown o
Compliance Coordinator
cc: Ted Tyndall, Assistant Director
Tere Barrett, District Manager
Ryan Davenport, Compliance and Enforcement Representative
400 Commerce Avenue, Morehead City, North Carolina 28557
Phone: 252-808-2808 \ FAX: 252-247-3330 \ Internet: www.nccoastaimanagement.net
An Equal Opportunity \ Affirmative Action Employer — 50% Recycled \ 10% Post Consumer Paper
■ Complete items 1, 2, and 3. Also complete
item 4 if Restricted Delivery is desired.
■ Print your name and address on the reverse
so that we can return the card to you.
■ Attach this card to the back of the mailpiece,
or on the front if space permits.
1. Art"- endracsed to:
Morgan Creek Landing, Inc.
C/o Mr. Jim Bailey, Principle
5113 B Hwy 70
Morehead ON. NC 28557
A Signal
X ure�w /
///� O Agent
B. Received by (Printed Name) —I C.
D. Is delivery address different from Item 1? ❑ Yes
If YES, enter delivery address below: ❑ No
I
3. Service Type
0 Certified Mail ❑ Express Mail
❑ Registered ❑ Return Receipt for Merchandise
❑ Insured Mail ❑ C.O.D.
4. Restricted Delivery? (Extra Fee) ❑ Yes
2. Amber 7005 1160 0003 1590 5771
(rransfer from service label
I
PS Form 3811, February 2004 Domestic Return Receipt 10259e-024&I ao
UNITED STATES POSTAL SERVICE
cclna
• Sender: Please print your name, address,
N.C. Division of Coastal 1
400 Commerce At
Morehead City, N.C.
808-2808
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M Cet led Fee '^
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l7 Retum Receipt Fee Postmark
L3 (Endorsoment Required) Here
O Restricted Delivery Fee
(Endorsement Required)
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Total Postego & Fees $
o Morgan Creek Landing, Inc.
o171 C/o Mr. Jim Bailey, Principle
5113B Hwy 70
Morehead City. NC 28557
_ Vs rorm usuu. dune euuz see neverse for insvucuona
Certified Mail Provides: -'
■ A mailing receipt (e%&,au) moo aunt hoes uaod Sd
■ A unique identifier for your mailplece
■ A record of delivery kept by the Postal Service for two years
Important Reminders:
■ Certified Mall may ONLY be combined with First -Class Malls or Priority Mall®.
■ Certified Mail Is not available for any class of international mail.
• NO INSURANCE COVERAGE IS PROVIDED with Certified Mail. For
valuables, please consider Insured or Registered Mal.
■ For an additional fee, a Return Receipt may be requested to provide proof of
delivery. To obtain Return Receipt semce, please complete ana attach a Return
Receipt (PS Form 3811) to the article and add applicable postage to cover the
fee. Endorse mailpiece "Return Receipt Requested". To receive a fee waiver for
a duplicate return receipt, a USPS• postmark on your Certified Mail receipt is
required.
• For an additional fee, delivery may be restricted to the addressee or
addressee's authorized agent. Advise the clerk or mark the mailpiece with the
endorsement "Restricted Delivery'.
■ It a postmark on the Certified Mail receipt is desired, please present the arti.
cle at the post office for postmarking. If a postmark on the Certified Mail
receipt is not needed, detach and affix lapel with postage and mail.
IMPORTANT: Save this receipt and present it when making an inquiry.
Internet access to delivery Information Is not available on mail
addressed to APOs and FPOs.
Not reflected in this violation is the expanded footprint of the docking facility. This
expanded footprint is consistent with 7H .0208 therefore no restoration is required. New
riparian owner statements are required and will be obtained before permit is issued to
continue work. The footprint on the east side is 35'X230' and the west side is 35'X295'