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HomeMy WebLinkAbout06-09C BLE Development�� Z;Q= NCDENR North Carolina Department of Environment and Natural Division of Coastal Management Michael F. Easley, Governor Charles S. Jones, Director July 19, 2006 BLE DEVELOPMENT, INC. John Edwards 214 Wendover Lane Durham, NC 27713 Resources William G. Ross Jr., Secretary SB RB —26 TB _ RB —y,_MTT RE: Payment of Proposed Penalty for Violations of the Coastal Area Management Act, Committed in Carteret County CAMA Violation #06-09C Dear Mr. Edwards: This letter will acknowledge receipt of your check #3141, in the amount of $500.00, and dated July 17, 2006. 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. Since 1 Y� Tere Barrett District Manager TB/lsb cc: Roy Brownlow, Compliance Coordinator Ted Tyndall, Asst. Director Henry Wicker, COE 400 Commerce Avenue, Morehead City, North Carolina 28557 Phone: 252-808-2808 \ FAX: 252-247-3330 \ Internet: www.nccoastalmanagement.net An Equal opportunity \ Affirmative Acton Employer- 50% Recycled \ 10% Post Consumer Paper Bte Devolopment 214 Wendover Lane Durham, NC 27713 July 17, 2006 Division of Coastal Management C/o District Manager 400 Commerce Avenue Morehead City, NC 28557 Re: Restoration Acceptance — Violation H06-09C �( `�✓ i � e tttyyyccc JUL 1 ;� Z006 Morehead City DCM Please see enclosed signature, date and check regarding said violation. As per your letter, I look forward to receiving your Notice of Compliance officially closing this matter. ;Sincerely, John Edwards Enclosure BLE Development, LLC C/o Mr. John Edwards July 05, 2006 Page 3 of 3 CAMA VIOLATION #06.09C AGREEMENT TO PAY PROPOSED CIVIL ASSESSMENT kior " city OCM 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 $500.00 against me for violation of the Coastal Area Management Act, NCGS 113A-100 et seg, committed on or near my property at the terminus of Old Ferry Dock Road on Harker's Island, 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 March 31, 2006, and agree to pay the proposed civil assessment of $500.0 � DATE GNATURE TELEPHONE NUMBER 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 July 5, 2006 CERTIFIED MAIL LSB� RETURN RECEIPT REQUESTED M --D RB BLE Development, LLC C/o Mr. John Edwards 214 Wendover Lane Durham, NC 27713 RE. CAMA VIOLATION #06-09C Dear Mr. Edwards: This letter is in reference to the Notice of Violation dated March 31, 2006 that I issued to you for the inadequate sedimentation/erosion control measures installed at West Bay Subdivision, allowing for the movement of unconsolidated material onto the estuarine beach of Westmouth Bay, and for the dislocation of the rock check dams onto the estuarine beach. The violation involved the Estuarine Shoreline, which is an Area of Environmental Concern designated by the Coastal Resources Commission. Based upon my site visit conducted on June 23, 2006, and my subsequent conversation with Mr. Trent James, the restoration requested is complete to the satisfaction of the Division of Coastal Management. The Coastal Area Management Act provides that a civil assessment of up to $2,500 may be assessed for any violation. It is the policy of the Coastal Resources Commission to assess a civil penalty for all violations in order to recover some of the costs of investigating violations and/or to compensate the public for any damage to its natural resources. Under the rules of the Coastal Resources Commission, a proposed civil penalty in the amount of $500.00 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 $500.00 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 Avenue, Morehead City, North Carolina 28557 Phone: 252-808-28081 FAX: 252-247-33301 Internet: www.nccoastaimanagement.net An Equal Opportunity 1 Affirmative Action Employer-50% Recycled 110% Post Consumer Paper BLE Development, LLC C/o Mr. John Edwards July 05, 2006 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, l A4___ Tere Barrett, District Manager, MHC Division of Coastal Management Enclosures cc: Ted Tyndall, Assistant Director, DCM Roy Brownlow, Compliance Coordinator, DCM BLE Development, LLC C/o Mr. John Edwards July 05, 2006 Page 3 of 3 CAMA VIOLATION #06.09C 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 $500.00 against me for violation of the Coastal Area Management Act, NCGS 113A-100 et se , committed on or near my property atthe terminus of Old Ferry Dock Road on Harker's Island, 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 March 31, 2006, and agree to pay the proposed civil assessment of $500.00. DATE SIGNATURE ADDRESS TELEPHONE NUMBER. A01ift,21�. 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 July 5, 2006 BLE Development, LLC LSB C/o Mr. John Edwards TB 214 Wendover Lane — UTT —FRB Durham, NC 27713 RE: RESTORATION ACCEPTANCE - CAMA VIOLATION #06.09C Dear Mr. Edwards: This letter is in reference to the Notice of Violation #06-09C sent to you dated March 31, 2006 for the inadequate sedimentation/erosion control measures installed at West Bay Subdivision, allowing for the movement of unconsolidated material onto.the estuarine beach of Westmouth Bay, and for the dislocation of the rock check dams onto the estuarine beach. This violation of State Permit #12-05C took place within the Estuarine Shoreline AEC adjacent to Westmouth Bay, Harker's Island, NC. The violation took place on your property located at the terminus of Old Ferry Dock Road in Carteret County, North Carolina. The unauthorized activity constituted development and you were requested to remove the check dam material from the estuarine beach and reconstruct this feature with a denser material. Additionally, you were requested to satisfy the Division of Land Resources in their regulations regarding such features. 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 or permitted conditions to recover lost resources and/or to prevent further resource damage. I conducted a site visit at the aforementioned property on 6123/06 to inspect the restoration of the unauthorized activity addressed in the Notice of Violation 06-09C. Based on this inspection, the restoration has been accomplished to the satisfaction of this Division. I spoke with Mr. Trent James of the DLR on 6/28/06, and he too is satisfied with the completion of restoration. You will soon be notified as to the amount of the civil penalty for undertaking this unauthorized activity within an Area of Environmental concern. If you have any questions pertaining to this matter, please feel free to call me at (252) 808-2808. Sincerely 4in, -/-It I Tere Barrett District Manager, MHC DCM Cc: Ted Tyndall, Assistant Director, DCM Roy Brownlow, Compliance Coordinator, DCM Mickey Sugg, USACE JoAnne Steenhuis, DWQ J.D. O'Neal, LPO Trent James, DLR 400 Commerce Avenue, Morehead City, North Carolina 28557 Phone: 252-808-28081 FAX: 252-247-33301 Internet: www.necoastaimanagement.net An Equal Opportunity 1 Affirmative Action Employer -50% Recycled 110% Post Consumer Paper 6PLF-9 `D(MI210-PWer t 214 Wendover Lane Durham, NC 27713 July 17, 2006 Division of Coastal Management C/o District Manager 400 Commerce Avenue Morehead City, NC 28557 Re: Restoration Acceotance —Violation #06-09C Please see enclosed signature, date and check regarding said violation. As per your letter, I look forward to receiving your Notice of Compliance officially closing this matter. Sincerely, John Edwards Enclosure Westbay - BLE Subject: Westbay - BLE From: "John Edwards" <john@bledevelopment.com> Date: Mon, 17 Jul 2006 13:31:23 -0400 To: <Roy. Brownlow@ncmail. net> John Edwards - BLE Development 214 Wendover Lane Durham, NC 27713 919-484-4152 Phone / Fax 919-641-3000 Cell john@bledevelopment com Content -Type: application/msword DCM -Restoration Acceptance.doc Content -Encoding: base64 of 1 7/18/2006 8:20 AM Re: BLE Development NOV Subject: Re: BLE Development NOV From: 'Clark Wright' <icw@wardanddavis.com> Date: Tue, 16 May 200617:18:54 -0400 To: 'Tere Barrett' <Tere.Barrett@ncmail.net> CC: <henry.m.Wcker@usace.army.mil>, 'Roy Brownlow' <Roy. Brownlow@ncmail. net>, 'Linda Lewis' <Linda. Lewis@ncmail. net>, 'trent James' <Trent. James@ncmail. net> Tere - thanks for the heads up re your concerns; please talk to Trent James at DLR before you take any action; I am told he has been in cooperative discussions and meetings with the BLE folks, and that recent re -sodding and other work has been undertaken, and is ongoing. I think I may be able to e-mail you a couple of pictures of some of that work - let me see what I have in my digital files here in just a minute. I have to leave the office right now for the day, and have to be in Little Washington tomorrow morning, but would be able to talk about this by cell phone in the morning, or tomorrow afternoon here in the office. If you have a minute to give me a call, I would be most appreciative. Thanks much, and I will try to e-mail you a couple of pictures of some restoration work as coordinated with DLR shortly - if I can find them, that is! Best regards, Clark Wright I. Clark Wright, Jr. Ward and Davis, LLP P.O. Drawer 1428 New Bern, NC 28563 252-633-1101 (office) 252-633-9400 (office fax) 252-229-5900 (cell) ----- Original Message ----- From: Tere Barrett To: Clark Wright Cc: trent James; Linda Lewis ; Roy Brownlow ; henry. m.wickerc5usace.army.mil Sent: Tuesday, May 16, 2006 3:59 PM Subject: BLE Development NOV Clark, I don't know what BLE has supposedly accomplished, but the rock that moved onto the estuarine beach is still there, and the ditch just continues to get more and more dogged. It now has stagnant water with mosquito larvae and algae in it. The original restoration date was 4/18/06, and one month past that I have seen no restoration sufficient to prevent me from issuing a Notice of Continuing Violation. Do you know of any reason why I should not? 1 of 3 5/ 17/2006 8:28 AM NODE R North Carolina Department of Environment and Natural Resources Division of Coastal Management Michael F. Easley, Governor CERTIFIED MAIL RETURN RECEIPT REQUESTED Charles S. Jones, Director ttb WilliammG. Ross Jr., secretary NOTICE OF VIOLATIONtsb Mb March 31, 2006 ,ggrnmt rLrb J°� BLE Development, LLC C/o Mr. John Edwards 214 Wendover Lane Durham, NC 27713 RE: VIOLATION OF CAMA MAJOR DEVELOPMENT PERMIT NO. 12-05 CAMA VIOLATION#06-09C Dear Mr. Edwards: This letter confirms that on 3/21/06, 1 was onsite at your development called West Bay Subdivision located af the terminus of Old Ferry Dock Road adjacent to Westmouth Bay located in or near Harker's Island, in Carteret County, North Carolina. The purpose of the visit was to monitor the permitted development of the bulkhead and stormwater swale/check dam systems adjacent to Westmouth Bay. I had visited the site on three other occasions since March 01, and had corresponded by phone and email with you about the situation. 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. 12-05 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 and comply with the terms and conditions of the above permit. On January 25, 2005, State Permit No. 12-05 was issued to BLE Development, LLC for the construction of a subdivision to include infrastructure and shoreline stabilization adjacent to Westmouth Bay on property located at the terminus of Old Ferry Dock Road, Harker's Island, in Carteret County, North Carolina. 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. This permit included the following terms and conditions: 1. #11 — Appropriate sedimentation and erosion control devices, measures or structures shall be implemented to ensure that materials do into enter adjacent wetlands, watercourses or properties (e.g. silt fence, diversion swales or berms, etc.). 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 BLE Development, LLC C/o Mr. John Edwards March 31, 2006 Page 2 of 4 For the following reasons, you are in violation of the above terms and conditions of your permit: The check dam system employed within the vegetated swales has been ineffective. The rock is not of sufficient weight and/or density to remain in place in the Westmouth Bay system, and has consequently moved onto the adjacent shoreline, and sediment has moved over and through the rock. 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 conditions of the.permit issued to you, you must: 1. Remove the sediment from the vegetated swales and re -vegetate. Remove the rock from outside of the authorized alignment: Replace the check dams with rock of sufficient weight and density to preclude its movement under the conditions normal to Westmouth Bay. 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 ($2500) may be assessed, or an injunction or criminal penalty maybe 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 $350.00 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). 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: 252-808-28081 FAX: 252-247-33301 Internet: www.nccoastalmanagement.net i An Equal Opportunity 1 Affirmative Action Employer-50% Recycled 110% Post Consumer Paper w BLE Development, LLC C/o Mr. John Edwards ' March 31, 2006 Page 3 of 4 Sincerely, Tere Barrett District Manager Cc: Ted Tyndall, Assistant Director, DCM Roy Brownlow, Compliance Coordinator, DCM Mickey Sugg, USACE Linda Lewis, NC DWQ Noelle Lutheran, NC DWQ ENCLOSURE 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 BILE Development, LLC C/o Mr. John Edwards March 31, 2006 Page 4 of 4 RESTORATION PLAN For BLE Development, LLC Property CAMA Violation No. 06-09C Property located at Terminus of Old Ferry Dock Rd, Harker's Island, Carteret County Reconstruct swales per plats dated 3131/04, and Stormwater Plan # SW8040409. Remove any sediment and rock that has moved out of the approved alignment. r I, John Edwards, agree to remove the sediment from the vegetated swales and re -vegetate; remove the rock from outside of the authorized alignment; replace the check dams with rock of sufficient weight and density to preclude its movement under.the conditions normal to Westmouth Bay. I agree to complete this restoration to the satisfaction of the Division of Coastal Management (DCM) by April 18, 2006, 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. 400 Commerce Avenue, Morehead City, North Carolina 28557 Phone: 252-808-28081 FAX: 252-247-33301 Internet: www.nccoastaimanagement.net An Equal Opportunity 1 Arfirrnative Action Employer - 50% Recycled 110% Post Consumer Paper w .s DCM ENFORCEMENT TRACKING REPORT TQ 1�" r Field Rep. I to I�fl((�Vtk Violation Base No— Lleld;�D ��_�/7sV L ❑ A B C D LPj(*y 4—y— ( t Violated Permit No.T=� (f applicable) Violation Desc Initial Discovery Date Violation Description Respondent Infori Respondent Name(s) Phone Was activity permittable? Yes / No �Cry Method Violations in lame AEC: es / Case Number(:—G19 -01 P City, (L AgendContractor) /L / L State ate Zip�� Fax # T Lqt V — 7 lS--� Violation Type: P,roject Type: Authorizations Required: Site Visits Respondent Site Visits Respondent rr1 El No Permit Y ivate - ' ermit Condition "`CCC Expired Permit Commercial a/orpMp [Minor ❑ General u D&F Present El Present L El Ej Inconsistent wl Rules ------- ❑ Violation Location arAd Site Description Project Location: County Str et Address/ State Road Lot / ,w State Restoration NOV Date CNOV Date Penalty Assessment Sent to Respondent Date Rcvd. by Dist. Mgr. Date Assessment Extended Yes No Rover -File Shoreline Length SAV: Not Sure Yes Sandbags: Not Sure Yes PNA: Ye o Adjacent ORW: Ye o Adjacent Crit. Hab. Yes o Photos Yes io Waiver Required Ya In DWQ Buffer Area Yes Specify DWQ Buffer if applicable: /_ Extension Granted Yes No Initial Req. Comp. Date Y' Restoration Letter Date Comp. Observed Acceptance Date 7.1.0409 Ref. Recomm. Assess. DCM Assess. App./Permit Fe f f Penalty f Q f Willful/Intent. f S Continuing $ S Other - $ $ — Total �n� Formal Assessments, Appeals and Reductions Date Long Form Submitted Assessment Appealed Yes No Date Formal CPA Submitted El Penalty modified Final Assessment E 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 Affected: Wetlands Impacted? Yes No If yes, which types: CW EW PTA ES PTS IDEA HHF IH SA DS Cl SY JR LS TY SS SC SP IF BF 404 PWS: FC: Other: Restoration Required by the Respondent Yes / No ...__---- --_-- Dimensions in excess Final tlimensions i Dimensions to restore Actually restored of permed unauthorized activities _. _. allowed Development Activities I I',' NOTES: Closing Payment Received $ Date Date Case Closed 06-May-06 NC..DIVISION OF COASTAL MANAGEMENT ENFORCEMENT RECORD CASE STATUS CASE NUMBER LAST NAME FIRST NAME BUSINESS NAME: 0 r 06-09C JEDWARDS IBLE DEVELOPMENT, LLC ❑ CASE IS CLOSED Previous Violations in Same NOV DATE CLOSURE DATE AFFLILIATION Elapsed Days SECTOR ❑ AF:C for Smiil _r Activ!fies P y 3131500 I PROPERTY OWNER COMMERCIAL MAILING ADDRESS CITY STATE ZIP CODE PHONE NUMBER 1214 WENDOVER LANE DURHAM NC 27713- (919)641-3000 PROPERTY ADDRESS COMMUNITY WATERBODY NEAREST ROAD WEST BAY SUBDIVISION 1HARKERSISLAND IWErTMOUTH BAY OLD FERRY DO DISTRICT OFFICE COUNTY DCM REPRESENTATIVE LPO CONTACT MHCDO ICXRTERET 1BARRETT �4 VIOLATION TYPE AFFECTED AEC(S). ❑ CW ❑ EW ❑ PTA © ES ❑ PTS MAJOR PERMIT CONDITION VIOLATION ❑ OEA ❑ HHFA ❑ IHA ❑ PAS ❑ NCRA NATURE OF VIOLATION AEC DESCRIPTION i of the terms and conditions of State Permit No. 12-05C by failing to ensure the operation of the check dam and installing ineffective swales and sediment barrier systems within the ES AEC adjacent to Westmouth RESTQRATOOt RESTORATION NOT REQUIRED- CONTRACTOR RESTORATION NOT REQUIRED - PERMITTABLE DEVELOPMENT ❑ RESTORATION NOT. REQUIRED - FURTHER IMPACTS ❑ RESTORATION PENDING RESTORATION REQUEST DATE COMPLETION DATE 411 B12006 I RESTORATION EXTENDED RESTORE DATE DEADLINE EXTENDED ❑ REFERRED TO AG'S OFFICE - INJUNCTION INJUNCTION REFER DATE: I ❑ REFERRED TO AG'S OFFICE - COLLECTION COLLECTION REQUEST DATE: ASSESSMENT DATE PENALTY AMOUNT COLLECTION DATE AMOUNT COLLECTED LENALT Y STATUS ❑ PENALTY ISSUED ❑ WILLFUL & INTENTIONAL PENALTY (MIN. OR DOUBLED) ❑ PENALTY NOT ISSUED ❑ CNOV ISSUED CNOV DATE ❑ CONRACTOR'S FIRST OFFENSE ❑ PENALTY APPEALED APPEAL DATE ElFORMAL CPA ISSUED I r FORMAL CPA DATE ❑ SETTLED. AGREED UPON, STIPULATED PENALTY I SETTLEMENT DATE ❑ UNCOLLECTIBLE PENALTY I UNCOLLECTIBLE DETERMINATION DATE Violations Involving Adversely Impacted Resources AMOUNT OF ADVERSELY DISTURBED AREA (SQ. FT.) I - AMOUNT OF RESTORED AREA (SQ. FT) NOTES 18-JuV06 NC DIVISION OF COASTAL MANAGEMENT ENFORCEMENT RECORD CASE STATUS CASE NUMBER LAST NAME FIRST NAME BUSINESS NAME (4, CASE IS OPEN 06-09C JEDWARDS JOHN IBLE DEVELOPMENT, LLC c CASE IS CLOSED I Previous Violations In Same ❑ AEC for Similar Activities NOV DATE CLOSURE DATE Elapsed Days AFFLILIATION SECTOR 112006 F_ log IPROPERTY OWNER 1COMMERCIAL MAILING ADDRESS CITY STATE ZIP CODE PHONE NUMBER 214 WENDOVER LANE DURHAM NC 27713- (919) 641-3000 PROPERTY ADDRESS COMMUNITY WATERBODY NEAREST ROAD WEST BAY SUBDIVISION IHARKERStSLAND WESTMOUTH BAY OLD FERRY DO DISTRICT OFFICE COUNTY DCM REPRESENTATIVE LPO CONTACT MHCDO[CARTE R_ET IBARRETT VIOLATION TYPE AFFECTED AEC(S) [I CW ❑ EW ❑PTA Se ES ElPTS MAJOR PERMIT CONDITION VIOLATION [] OEA ❑ HHFA I-] IHA ❑ PWS ❑ NCRA NATURE OF VIOLATION AEC DESCRIPTION n of the terms and conditions of State Permit No. 12-05C by failing to ensure the operation of the check dam and installing ineffective swales and sediment barrier systems within the ES AEC adjacent to Westmouth RESTORATION STATUS �J RESTORATION REQUIRED [I RESTORATION NOT REQUIRED - CONTRACTOR ❑ RESTORATION NOT REQUIRED - PERMITTABLE DEVELOPMENT ❑ RESTORATION NOT REQUIRED - FURTHER IMPACTS ❑ RESTORATION PENDING RESTORATION REQUEST DATE COMPLETION DATE 4/18/2506 1 6/23/2006 RESTORATION EXTENDED RESTORE DATE ❑ DEADLINE EXTENDED ❑ REFERRED TO AG'S OFFICE - INJUNCTION INJUNCTION REFER DATE: r— ❑ REFERRED TO AG'S OFFICE - COLLECTION r COLLECTION REQUEST DATE: I ASSESSMENT DATE PENALTY AMOUNT COLLECTION DATE AMOUNT COLLECTED PENALTY STATUS r------/2669 ----- � 1 F_ j 7/5/2006 $500 �/] PENALTY ISSUED ❑ WILLFUL &INTENTIONAL PENALTY MIN. OR DOUBLED) ❑ PENALTY NOT ISSUED ❑ CNOV ISSUED CNOV DATE ❑ CONRACTOR'S FIRST OFFENSE ❑ PENALTY APPEALED APPEAL DATE ❑ FORMAL CPA ISSUED FORMAL CPA rDATE El SETTLED. AGREED UPON, STIPULATED PENALTY 1 SETTLEMENT DATE ❑ UNCOLLECTIBLE PENALTY I UNCOLLECTIBLE DETERMINATION DATE Violations Involving Adversely Impacted Resources AMOUNT OF ADVERSELY DISTURBED AREA (SQ. FT.) I AMOUNT OF RESTORED AREA (SQ. FT) NOTES 20-Jul-06 NC DIVISION OF COASTAL MANAGEMENT ENFORCEMENT RECORD CASE STATUS] •' CASE IS OPEN CASE IS CLOSED CASENUMBER LASTNAME FIRST NAME BUSINESS NAME: 7-09C JEDWARDS JOHN IBLE DEVELOPMENT, LLC Previous Violations in Same AEC for Similar Activities NOV DATE CLOSURE DATE Elapsed Days AFFLILIATION SECTOR r r— [_ PROPERTY OWNER ICOMMERCIAL MAILING ADDRESS CITY STATE ZIP CODE PHONE NUMBER 214 WENDOVER LANE DURHAM NC 27713- (919) 641-3000 PROPERTY ADDRESS COMMUNITY WATERBODY NEAREST ROAD WEST BAY SUBDIVISION 1WESTMOUTH BAY OLD FERRY DO DISTRICT OFFICE COUNTY DCM REPRESENTATIVE LPO CONTACT MHCDO ICARTERET BARRETT F_ VIOLATION TYPE AFFECTED AEC(S) U CW [IEW ❑PTA ©ES ❑ PTS MAJOR PERMIT CONDITION VIOLATION ❑ OEA -1 HHFA ❑ IHA ❑ PWS ❑ NCRA NATURE OF VIOLATION AEC DESCRIPTION Violation of the terms and conditions of State Permit No. 12-05C by failing to ensure the operation of the check dam system and installing ineffective swales and sediment barrier systems within the ES AEC adjacent to Westmouth Bay. RESTORATION STATUS RESTORATION REQUEST DATE COMPLETION DATE J! RESTORATION REQUIRED 4/18/2006 6/23/2006 RESTORATION NOT REQUIRED - CONTRACTOR RESTORATION EXTENDED RESTORE DATE (J RESTORATION NOT REQUIRED - DEADLINE PERMITTABLE DEVELOPMENT EXTENDED RESTORATION NOT REQUIRED - FURTHER IMPACTS ❑ REFERRED TO Af, ;N RESTORATION PENDING INJUNCTION REFER DATE F_-' ❑ REFERRED TO AG'S OFFICE - .:-ECTION COLLECTION REQUEST DATE. PENALTY STATUS .... ASSESSMENT DATE PENALTY AMOUNT COLLECTION DATE AMOUNT COLLECTED 7/6/2006 1 $500 1 7119/2006 $500 VLj PENALTY ISSUED ❑WILLFUL &INTENTIONAL PENALTY (MIN. OR DOUBLED) �J PENALTY NOT ISSUED ❑ CNOV ISSUED F_CNOV DATE ❑ CONRACTOR'S FIRST OFFENSE ❑ PENALTY APPEALED APPEAL DATE ❑ FORMAL CPA ISSUED FORMAL CPA DATE ❑ SETTLED. AGREED UPON. STIPULATED PENALTY F—SETTLEMENT DATE ❑ UNCOLLECTIBLE PENALTY F—UNCOLLECTIBLE DETERMINATION DATE Violations Involving Adversely Impacted Resources AMOUNT OF ADVERSELY DISTURBED AREA (SQ. FT.) AMOUNT OF RESTORED AREA (SO. FT) NOTES ■ 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 1. Article Addressed to: BLE Development, LLC C/o Mr. John Edwards 214 Wendover Lane Durham, NC 27713 A Signature x _�,j\T� /t 1� ❑ Agent 13. Received (PYNeed Name/ C. Datepf Do D.'340*fFX.i ilntl�n 711 Tee 11 YES, W delivery address peSCM_% No APR 1 3 Z006 3. ce ype ❑ Certifled Mail 0 Express Mail ❑ Registered ❑ Return Receipt for Merchandise ❑ Insured Mail ❑ C.O.D. 4. Restricted Delivery! (Extra Feel ❑ Yes 2. Article fer/rom space /aumber (rnms/er 7005 1160 0003 1590 5436 PS Form 3811, February 2DD4 Domestic Return Pmoelpt UNITED STATES POSTAL SERVICE II I PeS No. I'G-10 ass Mail Postage & Fees Paid • Sender: Please print your name, address, and ZIP+4 in this box N.G. Division of Coastal Management 400 Commerce Avenue Morehead City, N.C. 28557 808-2808 61h2! I111,11„1, �ld1$1,l&Lt,I ill ,di.l IIltit Lilt tit Jl tit tit It CertitiedMail Provides: �aneaizoozeunroosew�se ■ Amailing receipt Is A unique identifier for your mallpiece ■ A record of delivery kept by the Postal Service for two years r 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. rr For an additional fee, a Return Receipt may be requested to rovide proof of delivery. To obtain Return Receipt service, please complete and attach a Return Recelpt (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 USPSe 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". ■ 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 Mail receipt is not needed, detach and affuc 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 mail addressed to APOs and FPOs. M Ln ui ir o, Postage $ m Certilled Fee O G Retum Receipt Fee G (Endorsement Required) p Restricted Delivery Fee _a (Endorsement Required) rA A Total Postage a Fees o SW# TO BLE Development, LLC r- :W) C/o Mr. John Edwards MPOBoxN z 214 Wendover Lane Durham, NC 27713