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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
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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
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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
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❑ Certifled Mail 0 Express Mail
❑ Registered ❑ Return Receipt for Merchandise
❑ Insured Mail ❑ C.O.D.
4. Restricted Delivery! (Extra Feel ❑ Yes
2. Article
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(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
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N.G. Division of Coastal Management
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61h2!
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Postage $
m Certilled Fee
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G Retum Receipt Fee
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p Restricted Delivery Fee
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A Total Postage a Fees
o SW# TO BLE Development, LLC
r- :W) C/o Mr. John Edwards
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z 214 Wendover Lane
Durham, NC 27713