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HomeMy WebLinkAbout05-03C MillerARLA NCDENR North Carolina Department of Environment and Natural Division of Coastal Management Michael F. Easley, Governor May 9, 2005 William J. Miller 205 Gem Ct Beaufort, NC 28515 Charles S. Jones, Director R ources William G. Ross Jr., Secretary RE: Payment of Proposed Penalty for Violations of the Coastal Area Management Act, Committed in Carteret County CAMA Violation # 05-03C Dear Mr. Miller: This letter will acknowledge receipt of your check #1001, in the amount of $350.00, and dated May 2, 2005. 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. Sincerely, ��6( - Tere Barrett District Manager TB/lsb cc: Roy Brownlow, Compliance Coordinator Ted Tyndall, Asst. Director Mark Hardeman, Coastal Management Rep. Henry Wicker, COE 151-B Hwy. 24, Hestron Plaza II, Morehead City, North Carolina 28557 Phone: 252-808-2808 \ FAX: 252-247-3330 \ Internet: http://dcm2.enr.state.nc.us An Equal Opportunity \ Affirmative Action Employer- 50% Recycled \ 10% Post Consumer Paper r 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 May 9, 2005 William J. Miller 205 Gem Ct Beaufort, NC 28515 RE: Payment of Proposed Penalty for Violations of the Coastal Area Management Act, Committed in Carteret County CAMA Violation # 05-03C Dear Mr. Miller: This letter will acknowledge receipt of your check #1001, in the amount of $350.00, and dated May 2, 2005. 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. Sincerely, Sine - Tere Barrett District Manager TB/lsb cc: Roy Brownlow, Compliance Coordinator Ted Tyndall, Asst. Director Mark Hardeman, Coastal Management Rep. Henry Wicker, COE 151-B Hwy. 24, Hestron Plaza II, Morehead City, North Carolina 28557 Phone: 252-808-2808 \ FAX: 252-247-3330 \ Internet: http://dcm2.enr.state.nc.us An Equal Opportunity \ Affirmative Action Employer -50% Recycled \ 10%, Post Consumer Paper 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 May 9, 2005 William J. Miller 205 Gem Ct Beaufort, NC 28515 RE: Payment of Proposed Penalty for Violations of the Coastal Area Management Act, Committed in Carteret County CAMA Violation # 05-03C Dear Mr. Miller: This letter will acknowledge receipt of your check #1001, in the amount of $350.00, and dated May 2, 2005. 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. Sincerely, Tere Barrett District Manager TB/lsb cc: Roy Brownlow, Compliance Coordinator Ted Tyndall, Asst. Director Mark Hardeman, Coastal Management Rep. Henry Wicker, COE 151-13 Hwy. 24, Hestron Plaza II, Morehead City, North Carolina 28557 Phone: 252-808-2808 \ FAX: 252-247-3330 \ Internet: http://dcm2.enr.state.nc.us An Equal Opportunity \ Affirmative Action Employer- 50% Recycled \ 10°/, Post Consumer Paper J. Miller ' April 25, 2005 Page 3 of 3 CAMA VIOLATION #05.03C AGREEMENT TO PAY PROPOSED CIVIL ASSESSMENT I understand that the staff of the Department of Environment and Natural Resources will` r e the L/�j assessment of a civil penalty in the amount of $350.00 against me for violation of the Coastal Area Management Act, NCGS 113A-100 et seMc , committed on or near my property at Lot 33, Gem Court, Jade Point S/D, Otway, 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 2/22105, and agree to pay the proposed civil assessment of $350.00. DATE SIGNATURE 7/0 A fr�' ADDRESS /ir � .t/c, Z o,Tr7 r-X) .zV/— yo,r v4y791s'', Cass L y/ - yoo3 ---Iw IwIR-- fit«.. TELEPHONE NUMBER 400 Commerce Drive, Morehead City, North Carolina 28557 Phone: 252-808-28081 FAX: 252-247-33301 Internet: www.nccoastalmanagement.net An Equal Opportunity 1 Affirmative Action Employer— 50% Recycled 110% Post Consumer Paper AMAr 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 April 25, 2005 CERTIFIED MAIL RETURN RECEIPT REQUESTED Mr. William John Miller 710 Bay Street Morehead City, NC 28557 RE: CAMA VIOLATION #05.03C Dear Mr. Miller: This letter is in reference to the Notice of Violation dated 2/22/05 that Mr. Mark Hardeman, Coastal Management Representative for the Division of Coastal Management, issued to you for grading and filling the wetlands and shoreline adjacent to Leffer's Creek at Lot 33, Gem Court, Jade Point S/D in Otway, Carteret County. The violation involved the Estuarine Shoreline and Coastal Wetlands, which are Areas of Environmental Concern designated by the Coastal Resources Commission. Based upon the site visit conducted on 3/29/05 by Mr. Hardeman, 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 Resource Commission, a proposed civil penalty in the amount of $350,00 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 $350.00 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 Drive, Morehead City, North Carolina 28557 Phone: 252-808-28081 FAX: 252-247-33301 Internet: www.nccoastalmanagement.net An Equal opportunity 1 Affirmative Action Employer- 50% Recycled 110% Post Consumer Paper J. Miller April 25, 2005 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. Sincerely, '^ Tere Barrett, District Manager Division of Coastal Management Enclosures cc: Mil"ll, Assistant Director, DCM , Compliance Coordinator, DCM Mark Hardeman, Coastal Management Representative, DCM Mickey Sugg, USACE Larry Smith, LPO 400 Commerce Drive, Morehead City, North Carolina 28557 Phone: 252-808.28081 FAX: 252-247-33301Internet: www.ncooastalmanagement.net An Equal Opportunity 1 Affirmative Action Employer— 50% Recycled 110% Post Consumer Paper J' Miller April 25, 2005 Page 3 of 3 CAMA VIOLATION #05.03C 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 $350.00 against me for violation of the Coastal Area Management Act, NCGS 113A-100 et sec , committed on or near my property at Lot 33, Gem Court, Jade Point SID, Otway, 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 2122/05, and agree to pay the proposed civil assessment of $350.00. DATE SIGNATURE ADDRESS TELEPHONE NUMBER 400 Commerce Drive, Morehead City, North Carolina 28557 Phone: 252-808-28081 FAX 252-247-33301 Internet: www.nccoastalmanagement.net An Equal Opportunity 1 Affirmative Action Employer— 50% Recycled % 10% Post Consumer Paper RESTORATION PLAN For William John Miller Property Property located at Lot 33, Gem Court, Carteret Coun MAR 2 2005 'orehead City DCM Lot 33, Gem Court Jade Point SlD Cartent Countr M lv,e William John Miller, OSSmer Le¢e d ® Dx b.%.d in AEC -;pr 5625 if Du{,rtbcdm Sufian &4Wd1m& - "CC Q Wch.b.d in Co..tal Arsmh -IN [ Site X5 - LU m xrS I, William John Miller , agree to return all wetland areas to their original grade and contours. Also, the Section 404 wetlands line must be staked on the property and an approved erosion control barrier such as silt fencing must be property installed on this line. I agree to complete this restoration to the satisfaction of the Division of Coastal Management (DCM) by March 15, 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: lz"e= \'v _ DATE: Z It is the policy of the Coastal Resources Commission to levy a minimum civil assessment $350.00 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. r 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 April 19, 2005 William John Miller Bay Street Morehead con v Morehead City, NC, 28557 RE:RESTORAT►ON ACCEPTANCE — CAMA VIOLATION 05 — 03 C Dear Mr. Miller: This letter is in reference to the Notice of Violation # 05 — 03 C sent to you dated February 22, 2005 for the unauthorized ground disturbance within the Coastal Wetlands and Estuarine Shoreline AEC's in or near Leffers Creek. The violation took place on your property located at Lot 33, Gem Ct. off of Crow Hill Rd. in or near the community of Straits Township in Carteret County, North Carolina. This unauthorized activity constituted development and you were requested to return all wetland areas to their original grade and contours and install erosion control measures along the surveyed Section 404 wetlands line. 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 March 29, 2005 to inspect the restoration of the unauthorized activity addressed in the Notice of Violation 05 — 03 C.. 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 252-808-2808. Sincerely, Mark Hardeman Coastal Management Representative Cc:Ted Tyndall, Assistant Director, DCM Tere Barrett, District Manager, DCM Roy Brownlow, Compliance Coordinator, DCM Mickey Sugg, USACE 400 Commerce Avenue, Morehead City, North Carolina 28557 Phone: 252-808-28081 FAX: 252-247-33301 Internet: www.nccoastalmanagement.net An Equal Opportunity 1 Affirmative Action Employer- 50% Recycled 110% Post Consumer Paper DCM ENFORCEMENT TRACKING REPORT Field Rep. /' ���K ' Issuer Violation Base No. LPO A B C D Violated Permit No. LPj (if applicable) Violation Description // Was activity permittable? Yes I o Initial Discovery Date �' 7-05; Discovery Method /po vrd n / J��S fr �E /Vt&',A-J c� Violation Description Cl el 4A" q,c,,�( J1.,adw A� �//ai-f&,P 4 TGW4,e,4P Respondent Information Prior Violations in same AEC: Yes / o Case Numbe Jr-,03 45 RespondentName(s) N%`l�tAwl 'I-DAv In'-IlEr (Landowner/Agent/Contractor)C Address %/O $/9y S4ree-f City Rot-�6y State/t%C Zip oW555i% Phone # Fax # Email Violation Type: Project Type: Authorizations Required: Site Visits Respondent Site Visits Respondent No Permit QrivatelCommunit Major CAM ;-7.05 Present Present Permit Condition Govt./Public Minor y �s D&F Expired Permit Commercial General Inconsistent wl Rules Violation Location and Site Description ;g�& L 6 Project Location: County CaeI-e-+cf Rover File Shoreline Length Street Address/ State Road/ Lot #(s) SAV: Not Sure Yes v9 Lo T 3 36E m e-r Sandbags: Not Sure Yes 0 Subdivision lyD,c- Pow4 PNA: 42) No Adjacent �"� r City S�YQ! -h 7p[J.Ui ,� ZIP ORW: Yes Q Adjacent Crit. Hab. Yes Phone # ( ) River Basin WAI%ee Z5` 'A Photos S No Adj. Wtr, Body Le1O)ari6rezk /man /unkn) Waiver Required Yes leo Closest Maj. Wtr. Body-gp�ve 5eoUtli C/ In DWQ Buffer Area No Restoration NOV Date ;?-cpz- 05 Initial Req. Comp. Date Extension Granted Yes No Restoration Letter CNOV Date Date Comp. Observed Acceptance Date oe Penalty Assessment ,j t .0 ' 7).0409 Ref *) Recomm. Assess. DCM Assess. Sent to Respondent Date App./Permit Fee (`Ei PBX � $ -2-ISO $ Rcvd. by Dist. Mgr. Date Penalty $ 019 $ Assessment Extended Yes No Willful/Intent. $ $ Continuing $ $ Other $ '$ Total 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 penaltylNOV Injunction to complete restoration Date Collection Let. Sent Date Demand Let. Sent Violation Activities and Impacts AECs Affected: © EW PTA ES PTS OEA HHF IH PWS: FC: Other: Restoration Required by the Respondent gl No Wetlands Impacted? Yes / No SA DS CJ SY JR SS SC SP 404 Dimensions in excess Dimensions to restore of permit/ unauthorized activities , Development Activities - We /S 3ox7f0 Habitat Description NOTES: Final dimensions allowed Closing Payment Received $ Date Date Case Closed If yes, which types: LS TY Actually restored E 4 AAA r 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 NOTICE OF VIOLATION February 22, 2005 CERTIFIED MAIL RETURN RECEIPT REQUESTED William John Miller 710 Bay Street Morehead City, NC 28557 RE. NOTICE OF VIOLATION AND REQUEST TO CEASE UNAUTHORIZED DEVELOPMENT — CAMA VIOLATION #05 — 03C Dear Mr. Miller: This letter confirms that on February 7, 2005, Mark Hardeman with the North Carolina Division of Coastal Management was onsite at your property located at Lot 33, Gem CT., adjacent to Leffers Creek located in or near Straits Township, off Crow Hill Rd. (SR 1331), Carteret County, North Carolina. The purpose of the visit was to investigate unauthorized development in the 75' AEC, including land disturbing activity within Coastal and Federal wetlands. A meeting on site with the landowners and Coastal Management was conducted on February 11, 2005 to review the violation. 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.) 113A-118. I have information that indicates you have undertaken or are legally responsible for land disturbing activity (clearing and removal of the root mat) within the 75' AEC, of which approximately 30' x 175' is within Federal wetlands according to the delineation dated February 2, 1999 and an area 15' x 15' is in Coastal wetlands on the aforementioned property. This activity took place in the Coastal Wetland, and the Estuarine Shoreline AEC's that are contiguous with Leffers Creek. Coastal Wetlands and Estuarine Shorelines 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. I request that you immediately CEASE AND DESIST any further unauthorized activities 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 400 Commerce Drive, Morehead City, North Carolina 28557 Phone: 252-808-28081 FAX: 252-247-33301 Internet: www.npcoastaimanagement.net An Equal Opportunity 1 Affirmative Action Employer — 50% Recycled 110% Post Consumer Paper R e Page 02 February 22, 2005 repeated may constitute 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. 113A-126). It is the policy of the Coastal Resources Commission to levy a minimum civil assessment of $350.00, 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, ground disturbing, clearing, and rutting with heavy equipment in the Coastal Wetlands and Estuarine Shoreline AECs, is not consistent with Section 07H .0205, which regulates development in Coastal Wetlands, and Section 07H .0208 which regulates development in Estuarine Shorelines. Use Standards in 07H .0205 cite that suitable land uses shall be consistent with the management objective in this Rule. Highest priority of use shall be allocated to the conservation of existing coastal wetlands. Second priority of coastal wetland use shall be given to those types of development activities that require water access and cannot function elsewhere. Therefore, I am requesting that restoration be required, 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. 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 Page 03 February 22, 2005 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. Sincere / Mark Hardeman Coastal Management Representative Cc: Ted Tyndall, Assistant Director, DCM Tere Barrett, District Manager, DCM Roy Brownlow, Compliance Coordinator, DCM Mickey Sugg, USACE ENCLOSURE R RESTORATION PLAN For William John Miller Property Property located at Lot 33, Gem Court, Carteret County ylpprox: Sxf= IDd WeOand Ime {FfTeTI Lot 33, Gem Court Jade Point SM Carteret County William John MMer,'.Ow r Lm d ® Md beda nnAEC =Vpr 5625d ➢idmbedm SKfion 44 Wedande- 3300 Q RWL.bedm Co dd Alan&-1504 Site Pim-&97105 NTS I, William John Miller , agree to return all wetland areas to their original grade and contours. Also, the Section 404 wetlands line must be staked on the property and an approved erosion control barrier such as silt fencing must be properly installed on this line. I agree to complete this restoration to the satisfaction of the Division of Coastal Management (DCM) by March 15, 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 $350.00 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. V. l RESTORATION PLAN `V! For William John Miller Property Property located at Lot 33, Gem Court, Carteret County tans pppm:. sea3W, eoaweemwll,re Mgh Cnnud Lot3, Gem Court Jade Point SAD Lo03, Gem Court Jade Point SAD Carteret County William John b7tHer, Owner Leee,d ® Pishubeda in AEC -Vpr5615d Dirhnbedin SKfLcn 404 WdLBWr - 3300 if 'Didmb4 in Coadd htmh -150 i Sze %A- Le7l05 N3S I, William John Miller , agree to return all wetland areas to their original grade and contours. Also, the Section 404 wetlands line must be staked on the property and an approved erosion control barrier such as silt fencing must be properly installed on this line. I agree to complete this restoration to the satisfaction of the Division of Coastal Management (DCM) by March 15, 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 $350.00 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. 07-Mar-05 = I NC DIVISION OF'COASTALMANAGEMENT: ENFORCEMENT RECORD CASESTATUS CASE NUMBER LAST NAME FIRSTNAME BUSINESS NAME OO CASEIS OPEN OS_03C MILLER WILLIAM - .,'.O'CASE ISCLOSED`� AFFLILIATION SECTOR previous Violations in Same AEC is NOV DATE CLOSURE DATE PROPERTY OWNE i' PRIVATE .„ ® I y for Similar Activities •; MAILING ADDRESS-, ''"CITY ° STATE ''ZIP CODE ",PHONE NUMBER 710 BAY ST _ it MOREHEAD CIS NC ) 28557 { `1 -PROPERTY ADDRESS -< COMMUNITY ' WATERBODY - NEAREST ROAD, t LOT 33 GEM CT j STRAITS t - LEFFERS CREEK ' SR 1331 m r ,DISTRICT OFFIGE ...COUNTY.; DCM REPRESENTATIVE LP0 CONTACT '- I ' MHCDO p CARTERET �,i HARDEMAN �a �, � pj n �� ' a , • -VIOLATIONTYPE'.` kF MAJOR CAMA plus DREDGE AND FILL I! - .AEC TYPE CW r VATURE OF VIOLATION Unauthorized major development and violation of the State's Dredge & Fill Law by engaging in land disturbing activity (clearing & removal of the root mat) within the 75' AEC, of which approx. 5,250 sqft is within Federal wetlands and 225 sgft is within CW and the ES that is adjacent to Leffers Creek. Q RA O f�Ul " 'r ••. • n _ 3/15/2005 > r� RESTORATION NOT REQUIRED CONTRACTOR RESTORATION EXTENDED RESTORE DATE s I ❑ RESTORATION NOT REQUIRED PERMITTABLE DEVELOPMENT na _DEADLINE ` ( TRESTORATION.NOTREQUI RED ,FURTHER IMPACTS - 'EXTENDED ,[] RESTORATION PENDING 4.u. ;;I REFERRED TO AG'S OFFICE­w COLLECTION , ` ^ , i_3 'REFERRED TO AG'S OFFICE - INJUNCTION J ASSESSMENT DATE PENALTY AMOUNT COLLECTION DATE AMOUNT COLLECTED ... PENALTY "STATUS PENALTY ISSUED • • , ,, _ ;.:. t`. WILLFUL INTENTIONAL PENALTY MIN. OR DOUBLED L5 �CNOV ISSUED '-ff PENALTY NOT ISSUED � �., (, ) � ; - CONRACTOR'S FIRST OFFENSE , SETTLED, AGREED UPON, OR STIPULATED PENALTY �'pENALTY'APPEALED'� _ _ Q UNCOLLECTIBLE PENALTY❑ FORMAL CPA ISSUED Violations Involving Ativersely'Impacted'Resources I ` AMOUNT OF ADVERSELY DISTURBED°AREA (SQ FT) AMOUNT OF RESTORED AREA'(SQ'. -FT), I�"`� i^; _ '•r „=' �.. zNOTES /:NC,Dly!SION OF COASTAL MANAGEMENT ENFORCEMENT RECORD..'.-' Unauthorized major dovo|upmentandvkdatkoncdthoStutotDrndgo&F0Luw by engaging inland disturbing activity (o|auring&onnoova|cfth*000tnoobwithinthe75'AEC'ofwhiohapprux.5'250oqftiowithinFedona|vvo[|andoand225 Aoqkiowithin CVVand the ESthat iaadjacent toLo(fo[eCreek. | RESTORATION EXTENDED RESTORE DATE 'RESTORATION NOT REQUIRED-, FURTHEF(IM PACTS INJUNCTION ASSESSMENT DATE --PENALTY,AMQU%N7r'. --COLLECTION DATE" AMOUNT COLLECTED' 717 Efl PENALTY NOT ISSUED 110�!WILLFUL INTENTIONAL PENALTY (MIN. OR DOUBLED): [I 61NOV ISSUED CONRACTOR'S FfRSTOFFENSE- a SETTLED, AGREED 'UPON, ORSTIPULATED PENALTY, PENALTY APPEALED FORMAL CPAISSUED,1' iNOTES ]ALSO SEE CASE NO. 05-05C MILLER, BILLY - CONTRACTOR FOR WILLIAM MILLER. 02-May-05 NC DIVISION OF COASTAL MANAGEMENT ENFORCEMENT RECORD I CASE NUMBER LAST NAME FIRST NAME BUSINESS NAME: 1 703C MILLER WILLIAM �) CASE IS CLOSED I — 1 -------AFFLILIATION SECTOR NOV DATE CLOSURE DATE _ Previous Violations in Same AEC PROPERTY OWNE PRIVATE '',,-J for Similar Activities 2/22l2005 MAILING ADDRESS CITY STATE ZIP CODE PHONE NUMBER 710 BAY ST IMOREHEADCIT NC 28557- 1 PROPERTY ADDRESS COMMUNITY WATERBODY NEAREST ROAD LOT 33 GEM CT STRAITS ILEFFERS CREEK SR 1331 DISTRICT OFFICE COUNTY DCM REPRESENTATIVE LPO CONTACT MHCDO ICARTERET 1HARDEMAN VIOLATION TYPE AFFECTED AEC(S) d. CW ] EW ❑ PTA i,] ES ❑ PTS MAJOR CAMA plus DREDGE AND FILL OEA HHFA ❑ IHA ❑ PWS ❑ NCRA NATURE OF VIOLATION AEC DESCRIPTION CW. ES Unauthorized major development and violation of the State's Dredge & Fill Law by engaging in land disturbing activity (clearing & removal of the root mat) within the 75AEC, of which approx. 5,250 sqft is within Federal wetlands and 225 sgft is within CW and the ES that is adjacent to Leffers Creek. CRESTORATION STATUS L/I - RESTORATION NOT REQUIRED - CONTRACTOR RESTORATION NOT REQUIRED - PERMITTABLE DEVELOPMENT RESTORATION NOT REQUIRED - FURTHER IMPACTS RESTORATION PENDING RESTORATION REQUEST DATE COMPLETION DATE 3/15/2005 1 3/29/2005 ❑ RESTORATION EXTENDED RESTORE DATE DEADLINE EXTENDED ❑ REFERRED TO AG'S OFFICE - COLLECTION REFERRED TO AG'S OFFICE - INJUNCTION ASSESSMENT DATE PENALTY AMOUNT COLLECTION DATE AMOUNT COLLECTED PENALTY STATUS k 4/25/2005 $350 � �— J PENALTY ISSUED L_I PENALTY NOT ISSUED WILLFUL INTENTIONAL PENALTY (MIN. OR DOUBLED) CNOV ISSUED ❑ CONRACTOR'S FIRST OFFENSE SETTLED, AGREED UPON, OR STIPULATED PENALTY j PENALTY APPEALED UNCOLLECTIBLE PENALTY ❑ FORMAL CPA ISSUED Violations Involving Adversely Impacted Resources AMOUNT OF ADVERSELY DISTURBED AREA (SO. FT.) 225 AMOUNT OF RESTORED AREA (SQ. FT) 225 NOTES ALSO SEE CASE NO. 05-05C MILLER. BILLY - CONTRACTOR FOR WILLIAM MILLER. Wt. Postal Service., CERTIFIED MAIL,,., RECEIPT Wrnestic Mail Only; No Insurance Coverage For delivery information visit our website at is w.usos.com ■ PS Form 3800, June 2002 See Reverse for Instructions 0 Certified Mall Provides: • Amailing receipt (asienaE ey)ZOOZ eunf'onuuoj Sd ■ A unique identifier for your mailpiece • A record of delivery kept by the Postal Service for two years Important Reminders: ■ Certified Mail may ONLY be combined with First -Class Mail® or Priority Mail®. ■ Certified Mail is not available for any Gass of International mail. ■ NO INSURANCE COVERAGE IS PROVIDED with Certified Mail. For valuables, please consider Insured or Registered Mail. • For an additional fee, a Return Receipt may be requested to provide proof of delivery. To obtain Return Receipt service, please complete and attach a Retum 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 dark or mark the mailpiece with the endorsement 'Restricted Delivery'. ■ If 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 Mall receipt is not needed, detach and affix label with postage and mail. IMPORTANT: Save this receipt and present it when making an Inquiry. Internet access to delivery information is not available on mall addressed to APOs and FPOs. ■ 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. B. ■ Attach this card to the back of the mailpiece, or on the front if space permits. 1. Article Addressed to: I�tlllar.-�c�akr� �lll(� d Ctd,�., 'nC a855''1 ❑ Agent Q Do of 2. 2G D. Is deliverySddress different from hem 1? U Yw, If YES, enter delivery address below: ❑ No 3. Servi pe Certified Mail ❑ Express Mall ❑ Registered 01lZm Receipt for Merchandise ❑ Insured Mall ❑ C.O.D. 4. Restricted Delivery? (Extra Fee) ❑ yes 2. Article Number 7004 135.0 0001 1207 2111 (rmsfer from service label) PS Form 3811, February 2004 Domestic Return Receipt 102595-02-M-1540I UNITED STATES POSTAL SERVICE First -Class Mail Postage & Fees Paid USPS -Permit No. G-10 • Sender: Please print your name, address, and ZIP+4 in this box ft NC DIVISION OF COASTAL MANAGEMENT" wl;n;ron4'^ 7 00 4"a d I ru ru Ln 0 "' OFF 0 Postage M Certified Fee O ED Rearm Receipt Fea P Her edc D (Endorsement Required) Here O Restricted Delivery Fee Cr (Endorsement Required) cc rU Total Postage 8 Fees $ 0 nt To o Mr. -William John Miller r` i_Ag a' Mooa-Aid. 710 Bay Street Morehead City, NC 28557 Certified Mail Provides: A ■ Amailing receipt 4es1e^ed/ZObZ eunf'ObeE uuoj Sd ■ A unique identifier for your mailpiece IN A record of delivery kept by the Postal Service for two years Important Reminders: • Certified Mail may ONLY be combined with First -Class Mail® or Priority Mail& ■ 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 Mail. ■ For an additional fee, a Return Receipt may be requested to provide proof of delivery. To obtain Return Receipt service, please complete antl attach a Return Receipt (PS Form 3e11) 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 USPSe postmark on your Certified Mail receipt is required. ■ For an additional fee, delivery may be restricted to the addressee or addressee's authorized agant. 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 If 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. ■ Complete items 1, 2, and 3. Also complete A n tury \ ❑ Agent Item 4 if Restricted Delivery is desired. X ■ Print your name and address on the reve 2eAddressee B. Rece riled Name) C. Date of Deliv so that we Can return the Card to you. ■ Attach this card to the back of the mailpiece, _ -- - i L 27� `i or on the front if space permits. D. Is delWe ran ftrent from Item 17 ❑ Ves 1. Article Addressed to: If YES, enter delivery address below: ❑ No Mr. William John Miller 710 Bay Street 3. Service Type Morehead City, NC 28557 ❑ Certified Mail ❑ press Mail &WRegistered tURetum Receipt for Merchandise ❑ Insured Mail ❑ C.O.D. 4. Restricted Delivery? (EWa Fea) ❑ Yes 2. ArticleNumber 2890 0003 8042 0522 (Hensler /mrn service kw7004 p PS Form 3811, February 2004 Domestic Return Receipt 102595n2-M-1sao UNITED STATES POSTAL SERVIC� First -Class Mail Postage & Fees Paid Permsit No. G-10 • Sender: Please print your name, address, and ZIP+4 in this box N.C. Division of Coastal Management 400 Commerce Avenue Morehead City, N.C. 28557 808-2808 C't 111 1111111111 1111 1 III I1111„III, I I) I III I I l 111111 If III r 1111tt11