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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 Corporations Home Search By Corporate Name Search For New Corporation Search By Registered Agent Important Notice Corporations FAQ Homeowners' Association FAQ Tobacco Manufacturers Dissolution Reports Non -Profit Reports Verify Certification Online Annual Reports LINKS & LEGISLATION KBBE B2B Annual Reports SOSID Number Correction 2001 Bill Summaries 1999 Senate Bills Annual Reports 1997 Corporations 1997 Register for E-Procurement Dept. of Revenue ONLINE ORDERS Start An Order New Payment Procedures CONTACT US Corporations Division Secretary of State's web site TOOLS Secretary of State Home Secretary of State Site Map Printable Page Date: 8/14/2007 Click here to: View Document Filings 1 Print apre-populated Annual Report Form I Annual Report Count I File an Annual Report I 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 111 [Eli ell t elll leiitllin tie Ill- lP+4 in t• D C merry N O o 1 M1 M1 LrI r-q Postage $ M Cet led Fee '^ O v/ l7 Retum Receipt Fee Postmark L3 (Endorsoment Required) Here O Restricted Delivery Fee (Endorsement Required) ra r 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'