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05-19C Broad Creek Construction
If LSY .. : y : NCDENR North Carolina Department of Environment and Natural Resources Division of Coastal Management Michael F. Easley, Governor Charles S. Jones, Director October 18, 2006 Broad Creek Construction ATTN: Fran Law P.O. Box 268 Merritt, NC 28556 William G. Ross Jr., Secretary RE: Payment of Proposed Penalty for Violations of the Coastal Area Management Act, Committed in Pamlico County CAMA Violation # 05-19C Dear Mr. Fran Law: This letter will acknowledge receipt of your Check # 4689, in the amount of $340.00, and dated 10-17-2006. 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. Sincerely, Tere Barrett District Manager TB/Isb cc: Roy Brownlow, Compliance Coordinator Ted Tyndall, Asst. Director Stephen Lane, Coastal Management Rep. Raleigh Bland, COE 400 Commerce Avenue, Morehead City, North Carolina 28557 Phone: 252-808-2808 \ FAX: 252-247-3330 \ Internet: hftp://dcm2.enr.state.nc.us An Equal Opportunity 1 Affirmative Action Employer- 50% Recycled 110% Post Consumer Paper 27-Oct-06 NC DIVISION OF COASTAL MANAGEMENT ENFORCEMENT RECORD CAS CASE NUMBER LAST NAME FIRST NAME BUSINESS NAME: O 05-19C I~'y IBROAD CREEK CONSTRUCTION CASE IS CLOSED Previous Violations in Same NOV DATE CLOSURE DATE Elapsed Days gFFLILIATION SECTOR 0 AEC for Similar Activities 5/23/2005 513 ICONTRACTOR ICOMMERCIAL Duplicate Record XLINK: 770 MAILING ADDRESS CITY STATE ZIP CODE PHONE NUMBER Show Related Violations 11 CREEKVIEW CT MERRITT NC 28556- �— PROPERTY ADDRESS COMMUNITY WATERBODY NEAREST ROAD 1 846 FORK POINT RD JORIENTAL ISHIPS CREEK JSR 1317 DISTRICT OFFICE COUNTY DCM REPRESENTATIVE LPO CONTACT MHCDO PAMLICO LANE Not Available VIOLATION TYPE AFFECTEDAEC(5) © CW © EW © PTS PTA [] ES ❑ MAJOR PERMIT CONDITION VIOLATION ❑ OEA ❑ HHFA ❑ IHA ❑ PWS ❑ NCRA NATURE OF VIOLATION AEC DESCRIPTION Violation of the terms and conditions of State Permit GP 34073-C by constructing two platforms exceeding the permitted and authorized dimensions, unauthorized construction of a boatlift, and unauthorized placement of two pilings supporting an unauthorized second story structure built over coastal wetlands. RESTORATJON STATi15 171 © RESTORATION NOT REQUIRED - CONTRACTOR [.1 RESTORATION NOT REQUIRED - PERMITTABLE DEVELOPMENT ❑ RESTORATION NOT REQUIRED - FURTHER IMPACTS ❑ RESTORATION PENDING RESTORATION REQUEST DATE COMPLETION DATE 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: I ASSESSMENT DATE PENALTY AMOUNT COLLECTION DATE AMOUNT COLLECTED PENALTY'STATUS. 9/2/2005 $700 10/18/2006 $700 ❑ PENDING © WILLFUL& INTENTIONAL PENALTY MIN. OR DOUBLED) [41 PENALTY ISSUED ❑ CNOV ISSUED CNOV DATE ❑ PENALTY NOT ISSUED ❑ PENALTY APPEALED APPEAL DATE ❑ CONRACTOR'S FIRST OFFENSE ❑ FORMAL CPA ISSUED FORMAL CPA DATE ❑ SETTLED. AGREED UPON, STIPULATED PENALTY I SETI'LEMENT 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 plan agreed upon by T. Tyndall 12/19/2005 - monthly payments of $170 until paid off in6/30/2006. 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 December 19, 2005 Broad Creek Construction c/o Mr. Fran Law P.O. Box 268 Merritt, NC 28556 RE: Resolving LAMA Violations Dear Mr. Law: The purpose of this letter is to acknowledge and accept our agreement to resolve CAMA violations #04- 07C, #04-39C, and #05-19C. We agreed these remaining civil penalty assessments together total $1,900.00 and agreed upon a monthly payment schedule to pay off the balance. As per the agreement, the Division is in receipt of the $200.00 payment received on December 07, 2005 that concludes CAMA violation #04-39C and is considered as the December payment. The remaining balance of $1,700.00 is to be divided into ten (10) monthly payments of $170.00 each which is due at the end of each month, beginning January 31, 2006. As the total balance decreases, the aforementioned CAMA violations will be closed when its respective assessment amount is reached. The monthly payments will be tendered to the Department until the final payment of $170.00 due on October 31, 2006. We extend our appreciation for your cooperation and agreement to resolve these matters. Sincerely, M. Ted Tyndall, Assistant Director Cc: Brandon Mansour, Broad Creek Construction Tere Barrett, DCM Roy Brownlow, DCM Stephen Lane, DCM Raleigh Bland, USCOE ATTACHMENT 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 PAYMENT SCHEDULE CAMA VIOLATIONS O4-07C, 04-39C, 05-19C CAMA VIOLATION 04-07 .............................. $200.00* (Agreed upon amount) CAMA VIOLATION 04-39C........................$1,000.00 CAMA VIOLATION 05-19C........................... $700.00 - TOTAL PENALTY: ..................................... $1,900.00 LESS $200 RECEIVED 12/07/2005.............. $200.00 (Close 04-39C) 0 BALANCE DUE.........................................$1,700.00 Payment 1 due 01/31/2006..........................-$170.00 BALANCE DUE $1,530.00 Payment 2 due 02/28/2006..........................-$170.00 BALANCE DUE..........................................$1,360.00 Payment 3 due 03/31/2006..........................-$170.00 BALANCE DUE..........................................$1,190.00 Payment 4 due 04/30/2006..........................-$170.00 BALANCE DUE..........................................$1,020.00 AMOUNT PAID: i� DATE PAID: AMOUNT PAID: 76 DATE PAID: 3 /D 0 c� � AMOUNT PAID:$ 70 DATE PAID: cee AMOUNT PAID:$_7� DATE PAID: -r Yls,i r ea I Payment 5 due 05/31/2006..........................-$170.00 AMOUNT PAID:$ 71) DATE PAID: S 3 �6 Y/ x� BALANCE DUE ............................................. $850.00 C�c Payment 6 due 06/30/2006..........................-$170.00 AMOUNT PAID: _ DATE -7 D( y3y7 BALANCE DUE.............................................$680.00 \ (CLOSE#04-07C) �L©5 IL Payment 7 due 07/31/2006 ......................-$170.00 AMOUNT PAI : PAID: ll BALANCE DUE ............................................. $510.00 �Irt-jo44cyy -20 Payment 8 due 08/31/2006................. ......... -$170.00 AMOUNT PAID: $i �� DATE PAID: =d,_'p BALANCE DUE.............................................$340.00 206b 40 dD Payment 9 due 09/30/2006.......................... -$170.00 BALANCE DUE.............................................$170.00 Payment 10 due 10131/2006........................-$170.00 BALANCE DUE ................................................. $0.00 AMOUNT PAID:$_ DATE PAID: AMOUNT PAID: DATE PAID: (CLOSE 05.19C) 1( w 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 September 02, 2005 LSB �RB :CTB IL RB CERTIFIED MAIL MTT RETURN RECEIPT REQUESTED Broad Creek Construction C/o Mr. Fran'Law 11 Creekview Ct. Merritt, NC 28556 RE. CAMA VIOLATION #05-19C Dear Mr. Law: This letter is in reference to the Notice of Violation dated May 23, 2005 that Stephen Lane, representative for the Division of Coastal Management, issued to you for the construction of a pier and associated structures on the property of Mr. Jeff Bellar at 846 Fork Point Road, Pamlico County. The violation involved the Estuarine Waters, Estuarine Shoreline, and Public Trust Waters, which are Areas of Environmental Concern designated by the Coastal Resources Commission. 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 $700.00 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 $700.00 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. tl (A A J'r 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 JV Broad Creek Construction C/o Mr. Fran Law September 02, 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, in)' L Tere Barrett, District Manager Division of Coastal Management Enclosures cc: Ted Tyndall, Assistant Director, DCM Roy Brownlow, Compliance Coordinator, DCM Stephen Lane, Coastal Management Representative, DCM It Broad Creek Construction d C/o Mr. Fran Law September 02, 2005 Page 3 of 3 CAMA VIOLATION #05.19C 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 $700.00 against me for violation of the Coastal Area Management Act, NCGS 113A-100 et sue, committed on or near the property of Mr. Jeff Bellar at 846 Fork Point Road in Pamlico 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 May 23, 2005, and agree to pay the proposed civil assessment of $700.00 DATE SIGNATURE ADDRESS TELEPHONE NUMBER Broad Creek Construction C/o Mr. Fran Law September 02, 2005 Page 3 of 3 CAMA VIOLATION #05-19C 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 $700.00 against me for violation of the Coastal Area Management Act, NCGS 113A-100 et seg, committed on or near the property of Mr. Jeff Bellar at 846 Fork Point Road in Pamlico 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 May 23, 2005, and agree to pay the proposed civil assessment of $700.00. DATE SIGNATURE ADDRESS TELEPHONE NUMBER DCM ENFORCEMENT TRACKING REPORT C Field Rep. Issuer �Violation Base No. C)s-f LPO �fkl! Oti"!°' Violated Permit No. G9'39a773-C LPJ (if applicable) Violation Description Was activity permittable? Yes / No Initial Discovery Date 3-3/"Of Discovery Method ief ("arm fa .c�ui oP 400 f, r Ins% %u r Violation Description (awf�^� f / ,H«y� i" c}i�" s„ri`/�, e,4 e Y � r' ov� e,.,4--1 e,,, f,...t,. Respondent Information Prior Violations in same AEC: es No Case Number 0-01 oc C," A G�-Y,-.,emu... c(Q Fig" (mow Landowner/A Respondent Name(s) Fr ( ent ontrac[or g Address // Ci,� r� « City / Statet' Zip �r'6 Phone # i f�� 7`1 f 41f1 Fax # Email Violation Type: Project Type: r Authorizations Required: Site Visits Respondent Site Visits Respondent No Permi jvat Community a'o CAM ? ?/N ;- Present Present Afignadifto Permit Condition Govt./Public Minor D&F o r Permit Commercial General nconsistent wl Rules Violation Location and Site Description �,„�lt^ Rover File Mo6z�/8A Project Location: County Shoreline Length 3p� Street Address/ State Road/ LotM, SAV: Not Sur Yes No or)�4.11 Pic �l%l Sandbags: Not Sure /^Yess Subdivision F+rA Qi i.'f PNA, ORW: �Y9B' Yes No Adjacent P Adjacent or'I�')^� / Al City ZIP Crit. Hab. Yes No Phone # ( ) River Basin Photos (9 No Adj, Wu, Body fA'✓s 0''e., k 6>/man /unkn) Waiver Required Yes /��✓c/ Closest Maj. Wtr. Body W In DWQ Buffer Area Yes Restoration 23_of Extension Granted Yes No NOV Date s Initial Req. Comp. Date Restoration Letter CNOV Date Date Comp. Observed Acceptance Date Penalty Assessment 7J.04O? e(\. Recomm. Assess. DCM Assess. I Sent to Respondent Date �Ii.��� APp•/Permit Fee e)(4r�Ri�`J/.` $1S0'a goorlo%., $ 2-Sr5 /sti Penalty �{�iy�iDrJ $ $ Ill Rcvd. byDist.Date �4.Willful/Intent. ��" C�"�I $J�•� $ �Z Assessment Extended Yes No Continuing $ $ Other $ $E Total .1 gea �� -f 7co Formal Assessments, Appeals and Reductions Date Long Form Submitted Assessment Appealed Yes No Date Formal CPA Submitted Penalty modified Final Assessment $ Date Attorney General's Office for Injunction or Formal Collection Date sent to AG Respondent not responsive to penalty/NOV Injunction to complete restoration Date Collection Let. Sent Date Demand Let. Sent Violation Activities and Impacts AECs Affected: ^ Wetlands Impacted? e' s / No CW ;; 4E G PTS OEA F IH SA DS Cl SY SS SC SP 404 PWS: FC: Other: Restoration Required by the Respondent Yes / f Dimensions in excess Dimensions to restore Final dimensions of permit/ unauthorized activities allowed Development Activities , Habitat Description NOTES: Closing Payment Received $ Date Date Case Closed If yes, which types: LS TY Actually restored J FUNCTION=> C-------DCM ENFORCEMENT PRIMARY VIOLATOR INFORMATION --------- RRD210 CASE: 050019C PERMIT #: GP34073 CONSULTANT: LANE NAME: LAW, FRAN ADDR: 11 CREEKVIEW CT CITY: MERRITT STATE: NC ZIP: 28556 PHONE: 252 745 4252 CNTY: PAMLICO NEAREST WATER BODY: SHIPS CREEK ST PLANE X: LPO : SKIP LEE LOCALITY: 846 FORK PT RD ORIENTAL ST PLANE Y: VIO DESC: UNAUTHORIZED CONSTRUCTION OF PLATFORMS, BOATLIFT, SECOND STORY STRUCT : URE OVER CW, AND INSTALLATION OF 2 PILINGS NOV SENT: 05 23 05 VIOLATION: MAJOR: Y MINOR: PERM COND: Y CAMA: Y D&F: RESTORE : N REQUESTED: COMPLETED: ESTUARY: Y PUB TRST: Y SHORELINE: Y OCEAN HZ: OTHER: PRI NURS: ORW: WETLANDS: SA: DS: CJ: SY: JR: LS: TY: SS: SC: SP: IF: BF: WS: MF: TYPE EXCAVATE FILLED RESTORE OTHER TYPE EXCAVATE FILLED RESTORE OTHER 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 ------------------------ASSESSMENT AND DISPOSITION ----------------------------- REC ASSMT: 00000 REFERENCES: CRITERIA: REPORT RCVD: 03 31 05 ASSESSED: 700 TO OGC: 01 01 01 TO VIOLATOR: 09 02 05 PAY REC: 0 ON: CASE CLOSED: # VIOLATORS: 2 TOTAL ASSESSMENT: 0 TOT RECEIVED: 0 MESSAGE: ENTER DATA YOU WISH TO CHANGE PFI=HELP PF2=MAIN MENU PF3=ENFORCEMENT MENU PF4=PREV SCREEN PFS=VIOLATOR FUNCTION=> C-------DCM ENFORCEMENT PRIMARY VIOLATOR INFORMATION --------- RRD210 CASE: 040039C PERMIT #: GPC37243 CONSULTANT: LANE NAME: BROAD CREEK CONSTUCTTION ADDR: 11 CREEKVIEW CT CITY: MERRITT STATE: NC ZIP: 28556 PHONE: 000 000 0000 CNTY: PAMLICO NEAREST WATER BODY: BROWN CREEK ST PLANE X: LPO : LOCALITY: WHORTON HARBOR S/D ST PLANE Y: VIO DESC: UNAUTHORIZED DEVELOPMENT AT LOT 8 WHORTON HARBOR S/D NOV SENT: 08 30 04 VIOLATION: MAJOR: MINOR: PERM COND: CAMA: Y D&F: RESTORE : N REQUESTED: COMPLETED: ESTUARY: Y PUB TRST: Y SHORELINE: OCEAN HZ: OTHER: PRI NURS: ORW: WETLANDS: N SA: DS: Cl: SY: JR: LS: TY: SS: SC: SP: IF: BF: WS: MF: TYPE EXCAVATE FILLED RESTORE OTHER TYPE EXCAVATE FILLED RESTORE OTHER 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 ------------------------ASSESSMENT AND DISPOSITION ----------------------------- REC ASSMT: 00500 REFERENCES: F4AEII CRITERIA: REPORT RCVD: 08 25 04 ASSESSED: 500 TO OGC: 01 01 01 TO VIOLATOR: 01 26 05 PAY REC: 0 ON: CASE CLOSED: # VIOLATORS: 2 TOTAL ASSESSMENT: 500 TOT RECEIVED: 0 MESSAGE: ENTER DATA YOU WISH TO CHANGE PFI=HELP PF2=MAIN MENU PF3=ENFORCEMENT MENU PF4=PREV SCREEN PF5=VIOLATOR FUNCTION=> C-------DCM ENFORCEMENT PRIMARY VIOLATOR INFORMATION --------- RRD210 CASE: 040007C PERMIT #: 22-03 CONSULTANT: BARRETT NAME: BROAD CREEK CONSTRUCTION ADDR: 11 CREEKVIEW COURT CITY: MERRITT STATE: NC ZIP: 28556 PHONE: 252 745 4252 CNTY: CARTERET NEAREST WATER BODY: NEWPORT RIVER ST PLANE X: LPO : BENTON LOCALITY: MOREHEAD CITY ST PLANE Y: VIO DESC: CONTRACTOR FOR VIO # 04-08C NOV SENT: 04 16 04 VIOLATION: MAJOR: Y MINOR: PERM COND: Y CAMA: Y D&F: RESTORE : Y REQUESTED: 05 15 04 COMPLETED: ESTUARY: PUB TRST: SHORELINE: OCEAN HZ: OTHER: PRI NURS: ORW: WETLANDS: SA: DS: CJ: SY: JR: LS: TY: SS: SC: SP: IF: BF: WS: MF: TYPE EXCAVATE FILLED RESTORE OTHER TYPE EXCAVATE FILLED RESTORE OTHER 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 ------------------------ASSESSMENT AND DISPOSITION ----------------------------- REC ASSMT: 01000 REFERENCES: F4BII CRITERIA: REPORT RCVD: ASSESSED: 1000 TO OGC: 01 01 01 TO VIOLATOR: 09 21 04 PAY REC: 0 ON: CASE CLOSED: # VIOLATORS: 2 TOTAL ASSESSMENT: 0 TOT RECEIVED: 0 MESSAGE: ENTER DATA YOU WISH TO CHANGE PFI=HELP PF2=MAIN MENU PF3=ENFORCEMENT MENU PF4=PREV SCREEN PF5=VIOLATOR FUNCTION=> C-------DCM ENFORCEMENT PRIMARY VIOLATOR INFORMATION --------- RRD210 CASE: 020046C PERMIT #: CONSULTANT: TYNDALL NAME: BROAD CREEK CONSTRUCTION ADDR: 11 CREEKVIEW COURT CITY: MERRIT STATE: NC ZIP: 28556 PHONE: 252 249 0523 CNTY: PAMLICO NEAREST WATER BODY: SMITH CREEK ST PLANE X: LPO : LOCALITY: PAMLICO ST PLANE Y: VIO DESC: UNAUTHORIZED DEVELOPMENT ASSOCIATED W/ CAMA MAJOR PERMIT # 10-02 INCL : UDING PLACEMENT OF GRAVEL & CONSTRUCTING BOARDWALK T00 BIG NOV SENT: 11 09 02 VIOLATION: MAJOR: Y MINOR: PERM COND: Y CAMA: Y D&F: RESTORE : N REQUESTED: COMPLETED: ESTUARY: PUB TRST: SHORELINE: Y OCEAN HZ: OTHER: PRI NURS: ORW: WETLANDS: SA: DS: CJ: SY: JR: LS: TY: SS: SC: SP: IF: BF: WS: MF: TYPE EXCAVATE FILLED RESTORE OTHER TYPE EXCAVATE FILLED RESTORE OTHER ES 0 0 0 24000 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 ------------------------ASSESSMENT AND DISPOSITION ----------------------------- REC ASSMT: 00500 REFERENCES: F4AFII CRITERIA: 06 01 91 REPORT RCVD: ASSESSED: 500 TO OGC: 01 01 01 TO VIOLATOR: 12 16 02 PAY REC: 500 ON: 02 06 03 CASE CLOSED: 02 06 03 # VIOLATORS: 2 TOTAL ASSESSMENT: 500 TOT RECEIVED: 500 MESSAGE: ENTER DATA YOU WISH TO CHANGE PFI=HELP PF2=MAIN MENU PF3=ENFORCEMENT MENU PF4=PREV SCREEN PFS=VIOLATOR FUNCTION=> C-------DCM ENFORCEMENT PRIMARY VIOLATOR INFORMATION --------- RRD210 CASE: 010088C PERMIT #: CONSULTANT: SHAVER NAME: LAW, FRAN ADDR: 111 CREEKVIEW COURT CITY: MERRITT STATE: NC ZIP: 28556 PHONE: 252 745 4252 CNTY: CRAVEN NEAREST WATER BODY: CLUBFOOT CREEK ST PLANE X: LPO : LOCALITY: THE MOORINGS SUBDIVISION ST PLANE Y: VIO DESC: BUILT TWO UNPERMITTED WET SLIPS --NOTE-- CLOSED PER TED TYNDALL NOV SENT: 12 14 01 VIOLATION: MAJOR: Y MINOR: PERM COND: Y CAMA: Y D&F: RESTORE : N REQUESTED: COMPLETED: ESTUARY: Y PUB TRST: Y SHORELINE: OCEAN HZ: OTHER: PRI NURS: ORW: WETLANDS: N SA: DS: Cl: SY: JR: LS: TY: SS: SC: SP: IF: BF: WS: MF: TYPE EXCAVATE FILLED RESTORE OTHER TYPE EXCAVATE FILLED RESTORE OTHER ES 0 0 0 2 0 0 0 0 PT 0 0 0 2 0 0 0 0 0 0 0 0 0 0 0 0 ------------------------ASSESSMENT AND DISPOSITION ----------------------------- REC ASSMT: 00000 REFERENCES: F4FI CRITERIA: 07 01 91 REPORT RCVD: 12 14 01 ASSESSED: 0 TO OGC: TO VIOLATOR: PAY REC: 0 ON: CASE CLOSED: 12 14 02 # VIOLATORS: 1 TOTAL ASSESSMENT: 0 TOT RECEIVED: 0 MESSAGE: ENTER DATA YOU WISH TO CHANGE PFI=HELP PF2=MAIN MENU PF3=ENFORCEMENT MENU PF4=PREV SCREEN PF5=VIOLATOR FUNCTION=> C-------DCM ENFORCEMENT PRIMARY VIOLATOR INFORMATION --------- RRD210 CASE: 000044C PERMIT #: 84-96 CONSULTANT: JONES, S NAME: LAW, FRAN ADDR: 112 CREEKVIEW COURT CITY: MERRITT STATE: NC ZIP: 28556 PHONE: 000 000 0000 CNTY: CARTERET NEAREST WATER BODY: NEUSE RIVER ST PLANE X: LPO : 5 LEE LOCALITY: PAMLICO ST PLANE Y: VIO DESC: VIOLATED PERMIT CONDITIONS FOR ROCK ALIGNMENT AND HEIGHT. DISTURBED/D : ESTROYED 37500 OF COASTAL MARSH --CONTRACTOR 1ST OFFENSE--- NOV SENT: 11 22 00 VIOLATION: MAJOR: Y MINOR: PERM COND: Y CAMA: Y D&F: Y RESTORE : REQUESTED: COMPLETED: ESTUARY: Y PUB TRST: SHORELINE: Y OCEAN HZ: OTHER: PRI NURS: ORW: WETLANDS: SA: Y DS: Y Cl: SY: JR: Y LS: TY: SS: SC: Y SP: Y IF: BF: WS: MF: TYPE EXCAVATE FILLED RESTORE OTHER TYPE EXCAVATE FILLED RESTORE OTHER ES 18750 18750 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 ------------------------ASSESSMENT AND DISPOSITION ----------------------------- REC ASSMT: 00000 REFERENCES: 0409 CRITERIA: 03 23 95 REPORT RCVD: 11 22 00 ASSESSED: 0 TO OGC: 01 01 01 TO VIOLATOR: PAY REC: 0 ON: CASE CLOSED: 11 22 00 # VIOLATORS: 2 TOTAL ASSESSMENT: 0 TOT RECEIVED: 0 MESSAGE: ENTER DATA YOU WISH TO CHANGE PFI=HELP PF2=MAIN MENU PF3=ENFORCEMENT MENU PF4=PREY SCREEN PF5=VIOLATOR 07-Sep-05 NC DIVISION OF COASTAL MANAGEMENT ENFORCEMENT RECORD [CASE STATU7 CASE NUMBER LAST NAME FIRST NAME BUSINESS NAME: •? M IS OPEN LAW FRAN ]BROAD CREEK CONSTRUCTION CASE IS CLOSED Previous Violations in Same AEC NOV DATE CLOSURE DATE Elapsed Days AFFLILIATION SECTOR 'W for Similar Activities 5/23/2005 F— 1 107 CONTRACTOR COMMERCIAL MAILING ADDRESS CITY STATE ZIP CODE PHONE NUMBER 11 CREEKVIEW CT MERRITT NC 28556- PROPERTY ADDRESS COMMUNITY WATERBODY NEAREST ROAD 846 FORK POINT RD r— .ORIENTAL ISHIPS CREEK SR 7317 DISTRICT OFFICE COUNTY DCM REPRESENTATIVE LPO CONTACT MRCDO JPAMLICO ILANE VIOLATION TYPE AFFECTED AEC(S) ,, CW '.J, EW J❑ PTA ES PTS MAJOR PERMIT CONDITION VIOLATION OEA HHFA ❑ IHA }, PWS NCRA NATURE OF VIOLATION AEC DESCRIPTION - Violation of the terms and conditions of State Permit GP 34073-C by constructing two platforms exceeding the permitted and authorized dimensions, unauthorized construction of a boatlift, and unauthorized placement of two pilings supporting an unauthorized second story structure built over coastal wetlands. RESTORATION STATUS! -lam J RESTORATION NOT REQUIRED - CONTRACTOR RESTORATION NOT REQUIRED-PERMITTABLE DEVELOPMENT D RESTORATION NOT REQUIRED -FURTHER IMPACTS ❑ RESTORATION PENDING RESTORATION REQUEST DATE COMPLETION DATE 1 RESTORATION EXTENDED RESTORE DATE DEADLINE I� EXTENDED ❑ REFERRED TO AG'S OFFICE E LIOTI FI" 1 REFERRED TO AG'S OFFICE - INJUNCTION ASSESSMENT DATE PENALTY AMOUNT COLLECTION DATE AMOUNT COLLECTED PENALTY STATUS 9/2/2005 $700 J PENALTY ISSUED PENALTY NOT ISSUED L i WILLFUL -INTENTIONAL PENALTY (MIN. OR DOUBLED) ❑ CNOV ISSUED CONRACTOR'S FIRST OFFENSE _ SETTLED, AGREED UPON, OR STIPULATED PENALTY ❑ PENALTY APPEALED ❑ UNCOLLECTIBLE PENALTY ❑ FORMAL CPA ISSUED Violations Involving Adversely Impacted Resources AMOUNT OF ADVERSELY DISTURBED AREA (SQ. FT.) AMOUNT OF RESTORED AREA (SO. FT) I"r"""` NOTES w ' 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 May 23, 2005 CERTIFIED MAIL RETURN RECEIPT REQUESTED Broad Creek Construction Go Mr. Fran Law 11 Creekview Ct. Merritt, NC 28556 RE: NOTICE OF VIOLATION AND REQUEST TO CEASE UNAUTHORIZED DEVELOPMENT CAMA VIOLATION #05-19C Dear Mr. Law: This letter confirms that on March 31, 2005 1 was onsite at Jeff Bellar's property located at 846 Fork Point Road off SR1317, adjacent to Ships Creek, near Oriental in Pamlico County, North Carolina. The purpose of the onsite visit was to monitor the permitted development of a pier on the aforementioned property. Information gathered by me for the Division of Coastal Management indicates that your actions as contractor for Jeff Bellar are 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 pursuant to the North Carolina General Statutes (N.C.G.S.) 113A-1 18. I have information that indicates you have undertaken or are legally responsible for thi placement of a pier in excess of permitted dimensions and the placement of unauthorized structures on the aforementioned property. This activity took place within the Estuarine Waters, Public Trust Areas, and Coastal Wetlands that are contiguous with Ships Creek. Estuarine Waters, Public Trust Areas, and Coastal Wetlands are designated as Areas of Environmental Concern (AEC). The Division of Coastal Management requires that a permittee hold a valid permit for any development activity in an AEC. Based on these findings, I am initiating an enforcement action by issuing this Notice of Violation for violation of the Coastal Area Management Act. I request that you immediately CEASE AND DESIST any further development and contact me about this matter. A civil assessment of up to $2,500 may be assessed against any violator. Each day that the 400 Commerce Avenue, Morehead City, North Carolina 28557 Phone: 252-808-2808 \ FAX: 252-247-3330 \ Internet: www.nccoastalmanagement.net An Equal Opportunity \ Affirmative Action Employer— 50%< Recycled \ 10%< Post Consumer Paper Broad Creek Construction - c/o Fran Law May 23, 2005 Notice of Violation — Page 2 development described in this Notice is continued or repeated may constitute a separate violation that is subject to an additional assessment of $2,500. An injunction or criminal penalty may also be sought to enforce any violation in accordance with N.C.G.S. 113A-126. It is the policy of the Coastal Resources Commission to assess a minimum civil penalty $350 against all violations of this type. This is done to recoup some of the costs of investigating the violation 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. Based upon the North Carolina Administrative Code, Title 15A, Subchapter 7J.0409(f)(4)(E)(ii), the policy of the Coastal Resources Commission is to levy a civil assessment against contractors in addition to that assessed against the landowner. Therefore, since this is your forth Notice of CAMA Violation in the same Area(s) of Environmental Concern, you should expect a civil assessment to be levied against you. 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 immediate future to determine whether this REQUEST TO CEASE AND DESIST has been complied with. I request that you contact me immediately about these important matters. Sincerely, Stephen Lane Coastal Management Representative cc: Ted TyndaflMssistant Director, DCM Tere Barrett, District Manager, DCM Roy Brownlow,.Compliance Coordinator, DCM Raleigh Bland, USACE, Washington Skip Lee, LPO, County of Pamlico NCDENR North Carolina Department of Environment and Natural Resources Division of Coastal Management Michael F. Easley, Governor Charles S. Jones, Director NOTICE OF VIOLATION May 23, 2005 CERTIFIED MAIL RETURN RECEIPT REQUESTED Broad Creek Construction cto Mr. Fran Law 11 Creekview Ct. Merritt, NC 28556 William G. Ross Jr., Secretary RE: NOTICE OF VIOLATION AND REQUEST TO CEASE UNAUTHORIZED DEVELOPMENT CAMA VIOLATION #05-19C Dear Mr. Law: This letter confirms that on March 31, 2005 1 was onsite at Jeff Bellar's property located at 846 Fork Point Road off SR1317, adjacent to Ships Creek, near Oriental in Pamlico County, North Carolina. The purpose of the onsite visit was to monitor the permitted development of a pier on the aforementioned property. Information gathered by me for the Division of Coastal Management indicates that your actions as contractor for Jeff Bellar are 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 pursuant to the North Carolina General Statutes (N.C.G.S.) 113A-1 18. I have information that indicates you have undertaken or are legally responsible for the placement of a pier in excess of permitted dimensions and the placement of unauthorized structures on the aforementioned property. This activity took place within the Estuarine Waters, Public Trust Areas, and Coastal Wetlands that are contiguous with Ships Creek. Estuarine Waters, Public Trust Areas, and Coastal Wetlands are designated as Areas of Environmental Concern (AEC). The Division of Coastal Management requires that a permittee hold a valid permit for any development activity in an AEC. Based on these findings, I am initiating an enforcement action by issuing this Notice of Violation for violation of the Coastal Area Management Act. I request that you immediately CEASE AND DESIST any further development and contact me about this matter. A civil assessment of up to $2,500 may be assessed against any violator. Each day that the 400 Commerce Avenue, Morehead City, North Carolina 28557 Phone: 252-808-2808 \ FAX: 252-247-3330 \ Internet: www.nccoastalmanagement.net An Equal Opportunity \ Affirmative Action Employer — 500/6 Recycled \ 10% Post Consumer Paper Broad Creek Construction - c/o Fran Law May 23, 2005 Notice of Violation — Page 2 development described in this Notice is continued or repeated may constitute a separate violation that is subject to an additional assessment of $2,500. An injunction or criminal penalty may also be sought to enforce any violation in accordance with N.C.G.S. 113A-126. It is the policy of the Coastal Resources Commission to assess a minimum civil penalty $350 against all violations of this type. This is done to recoup some of the costs of investigating the violation 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. Based upon the North Carolina Administrative Code, Title 15A, Subchapter 7J.0409(f)(4)(E)(ii), the policy of the Coastal Resources Commission is to levy a civil assessment against contractors in addition to that assessed against the landowner. Therefore, since this is your forth Notice of CAMA Violation in the same Area(s) of Environmental Concern, you should expect a civil assessment to be levied against you. 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 immediate future to determine whether this REQUEST TO CEASE AND DESIST has been complied with. I request that you contact me immediately about these important matters. Sincerely, Stephen Lane Coastal Management Representative cc: Ted Tyndall, Assistant Director, DCM Iwo Barrett, Qiptrict Manager, DCM Roy Brownlow, Compliance Coordinator, DCM Raleigh Bland, USACE, Washington Skip Lee, LPO, County of Pamlico Certified Mail Provides: ■ A mailing receipt (asiame) am aunr'ooac uuo3 sd ■ A unique identifier for your malipiece ■ A record of delivery kept by the Postal Service for two years Important Reminders: • Certified Mail may ONLY be combined with First -Class Malls or Priority Mall, ■ Certified Mail Is not available for any class of intemadonal mail. , ■ NO INSURANCE COVERAGE IS PROVIDED with Certified Mail. For valuables, please consider Insured or Registered Mail. • For an additional fee, a Return Receipt m% be requested to provide proof of delivery. To obtain Return Receipt service, please complete and attach a Return Receipt (PS Form 3811) to the article and add applicable postage to cover the fee. Endorse mailpiece "Return Receipt Requested". To receive a fee waiver for a duplicate return receipt, a USPS® postmark on your Certified Mail receipt is required. • For an additional fee, delivery may be restricted to the addressee or addressee's authorized agent. Advise the clerk or mark the mallplece with the endorsement "RestrictedVel(very". ■ If a postmark on the Certified Mail receipt is desired, DIease present the arti- cle at the post office for postmarking. If a postmark on the Certified Mail 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 mail addressed to APOs and FPOs. U.S. Postal Service,,, CERTIFIED MAIL.„ RECEIPT Mail Only; No Insurance Coverage Provided) For defivery information visit our wehsite at PS Form 3800, June 2002 See Reverse for Instructions UNITED STATES POSTAL SERVICE II II IFirst-Class Mail USPS9-- No. GesPaid D • 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 ?5T'r �4 h n fJ ui n Ir n t a a Ya a a n n un i u� Itllllftl! ■ Complete items 1, 2, and 3. Also complete A. Signature item 4 if Restricted Delivery is desired. XS ■ Print your name and address on the reverse so that we can return the card to you. eived ■ Attach this card to the back of the mailpiece, lit or on the front if space permits. �a 1. AV, Addressed to: A V, 1 OAJ f ll �►-a-��iev C-{- 2. Article Number If THIS SECTION ON DELIVERY ■MW 1 �... M. ram7tEr1� ❑'1� t".r ,-d a i.. ❑ NO 6R O 3. Tjpb a ��. �_ . Certified Mali ❑ press Mail ❑ Registered 0Retum Receipt for Merchandise ❑ Insured Mail ❑ C.O.D. 4. Restricted Del~ Print Fee) ❑ Yes 7005 1160 0003 1593 3569 PS Form 3811, February 2004 Domestic Return Receipt Certified Mail Provides: ■ A mailing receipt avanaHl zWz eonr OoeC uuoj sa ■ 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 Mails or Priority Mails. ■ 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 Retum Receippt may be requested to provide proof of delivery. To obtain Return Receipt servlce, please complete and 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 aggant. Advise the clerk or mark Me mailplece with the endorsement "ResMctedDelivery". ■ It a postmark on the Certified Mail receipt is desired, please present the arti- cle at the post office for postmarking. It a postmark on the Certified Mail 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 mail addressed to APOs and FPOs. SIN Postage l Certmed Fee Return Receipt Fee (EndorsementflequUed) Restncted Delivery Fee (Endorsement Required) 0 Here Total Postage & Fees I `.b- ! - Y / l o Broad Creek Constructiop 05-N6C/ r C/o Mr. Fran Law ar 11 Creekside Ct `"" Merritt, NC 28556 UNITED STATES POSTAL SERVICE I First -Class Mail Postage & Fees Paid LISPS Permit 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 MAY 3 1 2ou5 11;y 808-2808 07 I11111111111111#IIIIIIIIIIIIIIIIIIIII.IIl„ IIIII1111I,11111III ■ 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. I 1. Article Addressed to: Broad Creek Constructiono,5-lq& C/o Mr. Fran Law 11 Credegide Ct. MerrittVC 28556 A. S aW Agent ❑ Addressee B. Recei Name) C. a of Delivery k D. delivery address dRI Yes YESMeYte2 � livery add 1581 WI'3'� No _ wv_2111111111111 3. Service Type 0 Certified Mail 0 Express Mail ❑ Registered ❑ Return Receipt for Merchandise ❑ Insured Mail ❑ C.O.D. 4. Restricted Delivery? (Extra Fee) ❑ Yes 2. Article Number 7004 2890 DDD3 8041 9793 (Transfer from seMce /aw PS Form 3811, February 2004 Domestic Return Receipt toz5ss-oz-M-tsao