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05-44C French
North �?V-IW NCDENR Carolina Department of Environment and Natur I Resources Division of Coastal Management Michael F. Easley, Governor June 23, 2006 Sidney French 105 Wetherington Farm Rd. Cove City, NC 28523 t Charles S. Jones, Director William G. Ross Jr., Secretary RE: Payment of Proposed Penalty for Violations of the Coastal Area Management Act, Committed in Pamlico County CAMA Violation #05-44C Dear Mr. French: This letter will acknowledge receipt of your check #8797, in the amount of $350.00, and dated December 21, 2005. Once the amount of the check is credited to the Department of Environment and Natural Resources' account, this matter will be fully and completely closed. If you have any further questions concerning this matter, please contact me at my Morehead City office, (252) 808-2808. Tere Barrett District Manager TB/1sb cc: Roy Brownlow, Compliance Coordinator Ted Tyndall, Asst. Director Stephen Lane, Field Representative Raleigh Bland, COE 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 C UNR 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 June 22, 2006 CERTIFIED MAIL RETURN RECEIPT REQUESTED Sidney French, Jr. 105 Wetherington Farm Rd. Cove City, NC 28523 RE. CAMA VIOLATION #05.44C Dear Mr. French: This letter is in reference to the Notice of Violation dated 12/16/05 that Stephen Lane, Coastal Management Representative for the Division of Coastal Management, issued to you for unauthorized fill of wetlands within the Estuarine Shoreline AEC at property located adjacent to the Bay River on the east side of SR 1333 in Merritt, NC, Pamlico County. The violation involved the Estuarine Shoreline, which is an Area of Environmental Concern designated by the, Coastal Resources Commission. Based upon the site visit conducted on 5/03/06 by Mr. Lane, 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 $350.00 is appropriate for this violation. You may expeditiously resolve this matter prior to the assessment of a formal civil penalty by accepting responsibility for the violation and paying the amount proposed above. In order to do this, you must: (1) sign one of the attached copies of an "Agreement to Pay Civil Assessment;" (2) attach a check or money order for $350.00 made payable to the North Carolina Department of Environment and Natural Resources (NCDENR); and, (3) return the signed agreement and payment to this office in the enclosed, self-addressed envelope within ten (10) days of your receipt of this letter. Upon deposit of your check in the Department's account, you will receive a Notice of Compliance officially closing this enforcement action. 400 Commerce Avenue, Morehead City, North Carolina 28557 Phone: 252-808-28081 FAX: 252-247-33301 Internet: www.necoastalmanagement.net An Equal Opportunity 1 Affirmative Action Employer —50% Recycled 110% Post Consumer Paper Sidney French, Jr. June 22, 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;11A 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 Raleigh Blapd, USACE Sidney French, Jr. Jur{e 22, 2006 Page 3 of 3 CAMA VIOLATION #05.44C MR. SIDNEY FRENCH, JR. AGREEMENT TO PAY PROPOSED CIVIL ASSESSMENT I understand that the staff of the Department of Environment and Natural Resources will propose the assessment of a civil penalty in the amount of $350.00 against me for violation of the Coastal Area . Management Act, NCGS 113A-100 et sec , committed on or near my property east of SR 1333 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 12/16105, and agree to pay the proposed civil assessment of $350.00. DATE SIGNATURE ADDRESS TELEPHONE NUMBER 4 E"A ; NCDENR North Carolina Department of Environment and Natural Division of Coastal Management Michael F. Easley, Governor Mr. Sidney French, Jr. 105 Wetherington Farm Road Cove City, NC 28523 Charles S. Jones, Director June 16, 2006 RE:RESTORATION ACCEPTANCE — CAMA VIOLATION 405-44C Dear Mr. French: Resources William G. Ross Jr., Secretary This letter is in reference to the Notice of Violation If 05.44C sent to you dated December 16, 2005 for the filling of approximately 2588 square feet of Section 404 wetlands and 1035 square feet of high ground within the Estuarine Shoreline AEC that is contiguous with a canal to the Bay River. The violation took place on your property located off Weaver Camp Road (SR1333) near Merritt, Pamlico County, North Carolina. This unauthorized activity constituted development and you were requested to remove the unauthorized fill from the wetlands and restore the wetlands to original grade and contour. In accordance with the North Carolina Administrative Code, Title 15A, Subchapter 7J.0410, any violation involving development which is inconsistent with guidelines for development within Areas of Environmental Concern (AEC) must be corrected by restoring the project site to pre -development conditions to recover lost resources or to prevent further resource damage. I conducted a site visit at the aforementioned property on May 3, 2006 to inspect the restoration of the unauthorized activity addressed in the Notice of Violation If 05-44C. Based on this inspection, it appears the restoration is accomplished to the satisfaction of this Division. Upon my submission of an enforcement report, you will be notified as to the amount of the civil penalty for undertaking this unauthorized activity within an Area of Environmental concern. Thank you for your attention and cooperation in this matter. If you have any questions pertaining to this matter, please feel free to call me at (252) 808-2808. Sincerely, Stephen Lane Coastal Management Representative Cc: Ted Tyndall, Assistant Director, DCM Tere Barrett, District Manager, DCM Roy Brownlow, Compliance Coordinator, DCM Scott Jones, USACE-Washington Skip Lee, LPO, County of Craven 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 Sidney French, Jr. June 22, 2006 Page 3 of 3 CAMA VIOLATION #05.44C MR. SIDNEY FRENCH, JR. D JUN 2 9 2006 Morehead City DCM AGREEMENT TO PAY PROPOSED CIVIL ASSESSMENT I understand that the staff of the Department of Environment and Natural Resources will propose the assessment of a civil penalty in the amount of $350.00 against me for violation of the Coastal Area Management Act, NCGS 113A-100 et sec, committed on or near my property east of SR 1333 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 12/16/05, and agree to pay the proposed civil assessment of $350.00. 6 '�'6 06 DATE Zz tiL SIGNATURE '�7 ADDRESS c°"-faj 4/9 aZVS;z-3 A-Sz�-637ga,?w- 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 June 23, 2006 Sidney French 105 Wetherington Farm Rd, Cove City, NC 28523 &aSB RB �TB FRB MTT RE: Payment of Proposed Penalty for Violations of the Coastal Area Management Act, Committed in Pamlico County CAMA Violation #05-44C Dear Mr. French: This letter will acknowledge receipt of your check #8797, in the amount of $350.00, and dated December 21, 2005. Once the amount of the check is credited to the Department of Environment and Natural Resources' account, this matter will be fully and completely closed. If you have any further questions concerning this matter, please contact me at my Morehead City office, (252) 808-2808, Tere Barrett District Manager TB/lsb cc: Roy Brownlow, Compliance Coordinator Ted Tyndall, Asst. Director Stephen Lane, Field Representative Raleigh Bland, COE 400 Commerce Avenue, Morehead City, North Carolina 28557 Phone: 252-808-2808 \ FAX: 252-247-3330 \ Internet: www.nccoastalmanagement.net An Equal Opportunity t Affirmative Action Employer— 50% Recycled 110% Post Consumer Paper • a PIMA NCD/ENR 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 June 22, 2006 CERTIFIED MAIL LSB RETURN RECEIPT REQUESTED *—TB _FRB MTT Sidney French, Jr. 105 Wetherington Farm Rd. Cove City, NC 28523 RE. CAMA VIOLATION #05-44C Dear Mr. French: This letter is in reference to the Notice of Violation dated 12/16/05 that Stephen Lane, Coastal Management Representative for the Division of Coastal Management, issued to you for unauthorized fill of wetlands within the Estuarine Shoreline AEC at property located adjacent to the Bay River on the east side of SR 1333 in Merritt, NC, Pamlico County. The violation involved the Estuarine Shoreline, which is an Area of Environmental Concern designated by the Coastal Resources Commission. Based, upon the site visit conducted on 5/03/06 by Mr. Lane, 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 $350.00 is appropriate for this violation. You may expeditiously resolve this matter prior to the assessment of a formal civil penalty by accepting responsibility for the violation and paying the amount proposed above. In order to do this, you must: (1) sign one of the attached copies of an "Agreement to Pay Civil Assessment;" (2) attach a check or money order for $350.00 made payable to the North Carolina Department of Environment and Natural Resources (NCDENR); and, (3) return the signed agreement and payment to this office in the enclosed, self-addressed envelope within ten (10) days of your receipt of this letter. Upon deposit of your check in the Department's account, you will receive a Notice of Compliance officially closing this enforcement action. 400 Commerce 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 Sidney French, Jr. June 22, 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, . ').VLF=�-. 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 Raleigh Bland, USACE Sidney French, Jr. June 22, 2006 Page 3 of 3 CAMA VIOLATION #05.44C MR. SIDNEY FRENCH, JR. AGREEMENT TO PAY PROPOSED CIVIL ASSESSMENT I understand that the staff of the Department of Environment and Natural Resources will propose the assessment of'a civil penalty in the amount of $350.00 against me for violation of the Coastal Area Management Act, NCGS 113A-100 et seg, committed on or near my property east of SR 1333 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 12/16/05, and agree to pay the proposed civil assessment of $350.00. DATE SIGNATURE ADDRESS TELEPHONE NUMBER DICM ENFORCEMENT Issuer Field Rep. f��5 LPO J I4f® �°n ❑ LPJ TRACKING REPORT Violation Base Violated Permit I (if applicable) o s = 4Y(f A B CC) D Violation Description Was activity permittable? Yes I©o Initial Discovery Date � lTtis Discovery Method well° I -A. LPo Violation Description Un<-,fL rid 411 .-P 14. .. Ya'( "'`.'kil- ,,,,ii�in -"Yc `!n` J/`°"`-G•` Arc.. Respondent Information Prior Violations in same AEC: Yes I o Case°Number pS" Yycr 01) Respondent Name(s) / � l andoZ—er gent/Contractor) D In/e if erin Address� 3j'h �`� � —_ City _�-°_"� �. State Al C Zip .)��7�q�3ti Phone #—�__—. .__.— Fax # Email — Violation V,iolation Type: Project Type: Authorizations Required: Site Visits Respondent Site Visits Respondent la L- No Permit [Private/Community ['Major ❑ CAMA rPresent lAi 4r9J Present Permit Condition ❑ Gotrt.IPublic El Minor ❑ D&F 11-1 of El❑ ❑Expired Permit ❑ Commercial ❑ Generals C- ❑ ElL_I/ Inconsistent wl Rules - - ❑ Violation Location and Site Description �`N ° Rover File Project Location: County Shoreline Length Street Address/ State Road/ Lot #(s) SAV: Not Sure Yes No [, f'1' gle- -f 1333 Sandbags: Not Sure Yes Subdivision PNA: YES N Adjacent y� t� City / �/lfT/ i G zip r'r'G ORW: Yes N Adjacent Crit. Hab. Yes Nd Phone# O River Basin_ �"e'"' Photos a No Adj. Wtr. Body �^�� "'�e aj, b v`- (nman ' junk,1_ Waiver Required Y?ess, No Closest Maj. Wtr Body &K �ly",- D� _ In WQ Buffer Area �a Specify DWQ Buffer if No -Zet=-T J� applicable: Restoration OS I �' 1- J(� d Extension Granted Q No NOV Date Initial Req. Comp. Date yr- 7-0 (, Restoration Letter �' lrp 6 CNOV Date Date Comp. Observed Acceptance Date Penalty Assessment Sent to Respondent Date Rcvd. by Dist. Mgr. Date Assessment Extended Yes App./Permit Fee Penalty No Willful/Intent. Continuing Other 71.0409 Ref. Recomm. Assess. DCM Assess. $ If-0 $ (4 C6 $ 10a $ Total 3s0 , Formal Assessments, Appeals and Reductions Date Long Form Submitted Assessment Appealed Yes No Date Formal CPA Submitted ❑ Penalty modified Final Assessment $ ❑ate_ Attorney General's Office for Injunction or Formal Collection Date sent to AG ❑ Respondent not responsive to penalty1NOV ❑ 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 OEA HHF IH SA DS Cl SY 1R LS TY SS SC SP IF BF 404 PWS: FC: Other: Restoration Required by the Respondent Yes / No Dimensions in excess of permit/unauthorized activities Dimensions to restore Final dimensions allowed Actually restored Development Activities '.r fill u 313 rM Habitat Description NOTES: Closing Payment Received S Date Date Case Closed 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 June 16, 2006 f.T7B LSB �B Mr. Sidney French, Jr. ,L � 105 Wetherington Farm Road MITT Cove City, NC 28523 RE:RESTORATION ACCEPTANCE — CAMA VIOLATION #05-44C Dear Mr. French: This letter is in reference to the Notice of Violation # 05.44C sent to you dated December 16, 2005 for the filling of approximately 2588 square feet of Section 404 wetlands and 1035 square feet of high ground within the Estuarine Shoreline AEC that is contiguous with a canal to the Bay River. The violation took place on your property located off Weaver Camp Road (SR1333) near Merritt, Pamlico County, North Carolina. This unauthorized activity constituted development and you were requested to remove the unauthorized fill from the wetlands and restore the wetlands to original grade and contour. In accordance with the North Carolina Administrative Code, Title 15A, Subchapter 7J.0410, any violation involving development which is inconsistent with guidelines for development within Areas of Environmental Concern (AEC) must be corrected by restoring the project site to pre -development conditions to recover lost resources or to prevent further resource damage. I conducted a site visit at the aforementioned property on May 3, 2006 to inspect the restoration of the unauthorized activity addressed in the Notice of Violation # 05-44C. Based on this inspection, it appears the restoration is accomplished to the satisfaction of this Division. Upon my submission of an enforcement report, you will be notified as to the amount of the civil penalty for undertaking this unauthorized activity within an Area of Environmental concern. Thank you for your attention and cooperation in this matter. If you have any questions pertaining to this matter, please feel free to call me at (252) 808.2808. Sincerely, � X Stephen Lane Coastal Management Representative Cc: Ted Tyndall, Assistant Director, DCM Tere Barrett, District Manager, DCM Roy Brownlow, Compliance Coordinator, DCM Scott Jones, USACE-Washington Skip Lee, LPO, County of Craven 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 LSB J?RB RESTORATION PLAN TB RB For MTT Sidney French, Jr. 05-44C C;AMA Major Violation #05-44C Property located on the east side of SR1333, Pamlico ,ount)DEC 2 2 2005 V Drawing Not To Scale Flagged by Scott Jones, USACE, 12/01 /05 Canal to Bay River---- Morehead USACE 21' FlagI----------------------------- -- - i 45' 115' USACE `Ir Flags Area of unauthorized to be removed and returned to original grade and contour identified bir USACE flags. Franc Property DCM I, Sidney French, Jr., agree to complete this restoration to the satisfaction of the Division of Coastal Management by January 16, 2006 or provide an explanation for non-compliance and a reasonable request for time extension. When corrective actions are complete, I will notify the Field Representative so the work can be inspected. Ci' SIGNATURE: DATE: /�'-;'I- D5 It is the policy of the Coastal Resources Commission to levy a minimum civil assessment of $350 and higher against all violations of this type depending upon the damage to the resources. If restoration is not undertaken or satisfactorily completed, a substantially higher civil assessment will be levied and an injunction sought to require restoration. r ,41,E NCDENR North Carolina Department of Environment and Natural Resources Division of Coastal Management Michael F. Easley, Governor CERTIFIED MAIL RETURN RECEIPT REQUESTED Mr. Sidney French, Jr. 105 Wetherington Farm Road Cove City, NC 28523 Charles S. Jones, Director NOTICE OF VIOLATION December 16, 2005 William G. Ross Jr., Secretary RE. NOTICE OF VIOLATION AND REQUEST TO CEASE UNAUTHORIZED DEVELOPMENT CAMA VIOLATION If05-44C Dear Mr. French: This letter confirms that on December 1, 2005, Scott Jones with the U.S. Army Corps of Engineers and I were onsite at your property located off Weaver Camp Road (SR1333) adjacent to the Bay River, near Merritt, Pamlico County, North Carolina. The purpose of the visit was to investigate unauthorized placement of fill material adjacent to the Bay River. Information gathered by me for the Division of Coastal Management indicates that you have undertaken major development in violation of the Coastal Area Management Act (CAMA). No person may undertake major development in a designated Area of Environmental Concern (AEC) without first obtaining a permit from the North Carolina Department of Environment and Natural Resources. This requirement is imposed by North Carolina General Statute (N.C.G.S.) 113A-1 18. I have information that indicates that you have undertaken, or are legally responsible for the filling of approximately 2588 square feet of Section 404 wetlands and 1035 square feet of high ground at the aforementioned property. This activity took place within the Estuarine Shoreline AEC that is contiguous with a canal to the Bay River. The Estuarine Shoreline is designated as an Area of Environmental Concern (AEC). No permit was issued to you for work in this area. Based on these findings, I am initiating an enforcement action by issuing this Notice of Violation for violation of the Coastal Area Management Act. I request that you immediately CEASE AND DESIST any further unauthorized activities within designated Areas of Environmental Concern. A civil assessment of up to $2,500 may be assessed against any violator. Each day that the development described in this notice is continued or repeated may constitute a separate violation that is subject to an additional assessment of up to $2,500. An injunction or criminal penalty may also be sought to enforce any violation (N.C.G.S. 113A-126). 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 Sidney French December 16, 2005 ft05-44C -- Page 2 It is the policy of the Coastal Resources Commission to levy a minimum civil assessment of $350 not to exceed $2,500 against all violations of this type. This is done to recoup some of the costs of investigating violations and/or to compensate the public for any damage to its natural resources. Whether a higher amount will be assessed depends on several factors, including the nature and area of the resources that were affected and the extent of the damage to them. Based upon the North Carolina Administrative Code, the activities you have undertaken, the unauthorized filling of approximately 2588 square feet of Section 404 wetlands within the Estuarine Shoreline AEC, is not consistent with TitIe15A NCAC 07H .0209 and Title15A NCAC 07J .0200 which regulate development within the Estuarine Shoreline AEC. This determination is based on the fact that the U.S. Army Corps of Engineers has declined issuance of an after the fact permit for this activity and has requested that the 2588 square feet of fill be restored to original condition. Therefore, I am requesting that the unauthorized fill within the wetlands be removed from the area of the property as indicated in the enclosed Restoration Agreement. If you intend to cooperate with my request, please sign one of the attached Restoration Agreements and return it to me in the enclosed, self-addressed envelope within ten (10) days of receipt of this letter. Failure to comply with this request or respond back to this office prior to the requested deadline with an acceptable schedule for compliance will be interpreted as a refusal to cooperate and will result in a Notice of Continuing Violation, as well as a court injunction being sought ordering compliance. The relevant statutes and regulations are available from this office, and I am willing to assist you in complying with the requirements of these laws. A site inspection will be made in the near future to determine whether this REQUEST TO CEASE AND DESIST has been complied with. I request that you contact me immediately. Thank you for your time and cooperation in resolving this important matter. If you have any questions about this or related matters, please call me at (252) 808-2808. Upon completion of the restoration as requested in the Restoration Plan Agreement to the satisfaction of the Division of Coastal Management, you will be notified as to the amount of the civil assessment for undertaking development without first obtaining the proper permits. Sincerely, (, ,Q Stephen Lane Cc: Ted Tyndall, Assistant Director, DCM Tere Barrett, MHC District Manager, DCM Roy Brownlow, Compliance Coordinator, DCM Raleigh Bland, Major Permit Coordinator, USACE-Washington Enclosure RESTORATION PLAN For Sidney French, Jr. CAMP, Major Violation #05-44C Property located on the east side, of SR1333, Pamlico County — — Canal to Bay [liver DrawingNot � To Scale USACE 21 NWL Flag— 1------------- --------- - 45' / USACE Flags Flagged by Scott Jones, USACE, Area of unauthorized ' 12/01/05 to be removed and returned to original grade and contour identified by USACE flags. Frenc Property I, Sidney French, Jr., agree to complete this restoration to the satisfaction of the Division of Coastal Management by January 16, 2006 or provide an explanation for non-compliance and a reasonable request for time extension. When corrective actions are complete, I will notify the Field Representative so the work can be inspected. SIGNATURE: DATE: It is the policy of the Coastal Resources Commission to levy a minimum civil assessment of $350 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. :DCM ENFORCEMENT TRACKING REPORT J� �v Issuer o Field Rep. ._- %-.:.-I Violation Base No. LPO Jki� (�- _ EJ A D C,u Violated Permit No. x LPI_ ° "'�I/CO ._ .� (if applicable) — Violation Description Initial Discovery Date Violation Description U#ta"11 Was activity permittable? Yes Discovery Method -A," LPd 4°4-,��dlti.,.11 Respondent Information ( Prior V'olations in same AEC: Yes / VoGaS11 1—"e N"E NU�mher `63 r�4Ca 01 d' �/'C.^c�� I nnr7i ,,norlTl� > . Respondent Name(s) ^ ' / / gent/Contractor) �� W.L'1/�e.N'n �N l�r{T /4( Cp Nt VT` C .p,�'t.� Address �. __ 3 _.—_ City .-_-.—____... State ZI Phone#_-1'.- -------------------- Fax #---------------------- ----- Viollaation Type: Project Type: Authorizations Required: Site Visits Respondent Site Visits Respondent L� No Permit Private/Community ['Major ❑ CAMA Present �r9T Present ❑ Permit Condition- ❑ Gov[.IPublic El Minor ❑ D&F 1a-lrof ❑ ------ ❑ ❑ ❑-�ExpiredPermit ❑ Commercial ❑ General L� Inconsistent w/ Rules------------ ❑ ----- ❑ Violation Location and Site Description Project Location: County _ f`N`'iC0 Street Address/ State Road/ Lot #(s)_ &,f -nW e 24- J;4e/ Subdivision ccyr`�t r C zip Phone # () River Basin Adj. Wtr. Body-- �^'� "�0 ay Alv`l' inaiChA IUDkd- Closest Maj. Wtr. Body &X Restoration NOV Date CNOV Date Penalty Assessment Sent to Respondent Date Rcvd. by Dist. Mgr. Date Assessment Extended Yes Initial Req. Comp. Date — Date Comp. Observed _ - App./Permit Fee Penalty No Willful/Intent. Continuing I Other Rover File Shoreline Length I/`F SAV: Not Sure Yes N�10 Sandbags: Not Sure Yes Q PNA: Yes N Adjacent ORW: Yes N Adjacent Crit. Hab. Yes Nd Photos 123f No Waiver Required St No In DWQ Buffer Area t t No Specify DWQ Buffer if applicable: ,<T J-2t- Extension Granted Yes No Restoration Letter Acceptance Date 7J.0409 Ref. Recomm. Assess. DCM Assess. Total 20-Dec-05 NC DIVISION OF COASTAL MANAGEMENT ENFORCEMENT RECORD CASE STATUS CASE NUMBER LAST NAME FIRST NAME BUSINESS NAME: - 05-04C 1FRENCH, JR. SIDNEY C CASE IS CLOSED Previous Violations in Same ❑ AEC for Similar Activities NOV DATE CLOSURE DATE Elapsed Days AFFLILIATION SECTOR 12/16/2005 f— JPROPERW6WNER PRIVATE MAILING ADDRESS CITY STATE ZIP CODE PHONE NUMBER J105 WETHERINGTON FARM R COVE CITY INC 28523- (252) 637-9834 PROPERTY ADDRESS COMMUNITY WATERBODY NEAREST ROAD WEAVER CAMP ROAD JMER91TT 1BAY RIVER ISR 1333 DISTRICT OFFICE COUNTY DCM REPRESENTATIVE LPO CONTACT MHCDO IPAMLICO LANE VIOLATION TYPE AFFECTED AEC(S), ❑ CW ❑ EW ❑ PTA © ES ❑ PTS MAJOR CAMA ❑ OEA ❑ HHFA ❑ IHA ❑ PWS ❑ NCRA NATURE OF VIOLATION AEC DESCRIPTION 19ECTION404 WETLANDS Unauthorized major development by filling approximately 2,588 square feet of Section 404 Wetlands and 1,035 square feet of high ground within the ES AEC contiguous with a canal to the Bay River. RESTORATION STATUS ❑ RESTORATION NOT REQUIRED - CONTRACTOR ❑ RESTORATION NOT REQUIRED - PERMITTABLE DEVELOPMENT ❑ RESTORATION NOT REQUIRED -FURTHER IMPACTS ❑ RESTORATION PENDING RESTORATION REQUEST DATE COMPLETION DATE 1/16/2006 RESTORATION EXTENDED RESTORE DATE ❑ DEADLINE EXTENDED ❑ REFERRED TO AG'S OFFICE - INJUNCTION INJUNCTION REFER DATE: ❑ REFERRED TO AG'S OFFICE - COLLECTION COLLECTION REQUEST DATE: I LTY.STATUS. I �� ASSESSMENT DATE PENALTY AMOUNT COLLECTION DATE AMOUNT COLLECTED PENA.. ❑ PENALTY ISSUED ❑ ❑ PENALTY NOT ISSUED WILLFUL &INTENTIONAL PENALTY (MIN. OR DOUBLED) ❑ CNOV ISSUED F—CNOV DATE ❑ CONRACTOR'S FIRST OFFENSE ❑ PENALTY APPEALED F—APPEAL DATE ❑ FORMAL CPA ISSUED 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.) AMOUNT OF RESTORED AREA (SQ. FT) NOTES 27-Jun-06 NC DIVISION OF COASTAL MANAGEMENT ENFORCEMENT RECORD CASE STATUS] CASE NUMBER LAST NAME FIRST NAME BUSINESS NAME: CASE IS OPEN O,-44C IFRENCH, JR. SIDNEY .•CASE IS CLOSED I Previous Violations In Same NOV DATE CLOSURE DATE Elapsed Days AFFLILIATION SECTOR AEC for Similar Activities �— F— PROPERTY OWNER PRIVATE MAILINGADDRESS CITY STATE ZIP CODE PHONE NUMBER 105 WETHERINGTON FARM R COVE CITY NC 28523- (252) 637-9834 PROPERTY ADDRESS COMMUNITY WATERBODY NEAREST ROAD WEAVER CAMP ROAD IMERRITT BAY RIVER SR 1333 DISTRICT OFFICE COUNTY DCM REPRESENTATIVE LPO CONTACT MHCDO PAMLICO ILANE I— CW iJ EW ❑ PTA © ES ❑ PTS VIOLATION TYPE �FFECTED AEC(S) MAJOR CAMA ( J OEA a HHFA ❑ IHA ❑ PWS ❑ NCRA Unauthorized major development by filling approximately 2,588 square feet of Section � square feet of high ground within the ES AEC contiguous with a canal to the Bay River. and 1,035 [RESTORATION STATUS RESTORATION REQUEST DATE COMPLETION DATE '�RESTORATION REQUIRED 1/16/2006 5/3/2006 L] RESTORATION NOT REQUIRED - CONTRACTOR RESTORATION EXTENDED RESTORE DATE DEADLINE U RESTORATION NOT REQUIRED - PERMITTABLE DEVELOPMENT EXTENDED ❑ RESTORATION NOT REQUIRED - FURTHER IMPACTS ❑ REFERRED TO AG'S OFFICE RESTORATION PENDING INJUNCTION REFER DATE: REFERRED. TO AG'S OFFICE - COLLECTION REQUEST DATE: F PENALTY STATUS ASSESSMENT DATE PENALTY AMOUNT COLLECTION DATE AMOUNT COLLECTED 6/22/2006 $350 6/23/2006 $350 P,q PENALTY ISSUED ❑ WILLFUL & INTENTIONAL PENALTY (MIN. OR DOUBLED) [; PENALTY NOT ISSUED El CNOV ISSUED —CNOV DATE I j CONRACTOR'S FIRST OFFENSE ❑ PENALTY APPEALED APPEAL DATE ❑ FORMAL CPA ISSUED FORMAL CPA DATE ❑ SETTLED. AGREED UPON. STIPULATED PENALTY I SETTLEMENT DATE ❑ UNCOLLECTIBLE PENALTY F—UNCOLLECTIBLE DETERMINATION DATE AMOUNT OF ADVERSELY DISTURBED AREA (`O. F1. AMOUNT OF RESTORED AREA (SQ. FT) NOTES Certified Mail Provides: t• A mailing receipt (e ,;AaFl) zooz eunr'OOSe uuod Sd • A unique Identifier for your mailpiece ■ A record of delivery kept by the Postal Service for two years Important Reminders: ■ Certified Mail may ONLY be combined with First -Class Mail® or Priority Mall, ■ Certified Mail is not available for any class of international mail. ■ NO INSURANCE COVERAGE IS PROVIDED with Certified Mail. For valuables, please consider Insured or Registered Mail. ■ For an additional fee, a Return Receipt may be requested to provide proof of delivery. To obtain Return Receipt service, please complete end 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 USPS® postmark on your Certified Mail receipt is required. ■ For an additional fee, delivery may be restricted to the addressee or addressee's authorized agent. Advise the clerk or mark the mailpiece with the endorsement 'Restricted Deliveryl ■ If a postmark on the Certified Mail receipt is desired, Crease present the arti- cle at the post office for postmarking. g a postmark on the Certified Mall receipt Is not needed, detach and affix label with postage and mall. 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 I (Domestic Mail Only; No Insurance Coverage Provided) Postage $ CDs certified Fee CD Return Receipt Fee Fie1e (Endorsement Required) Q N Restricted nFee (Entloreanent R'ed) qu -- Total Postage & Fees $ rV o o� n Sidney French a, � I ck 105 Wetherington Farm Rd. Cove Ci NC 28523 ,r ■ 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. Article Addressed to: Sidney French 105 Wetherington Farm Rd. Cove City, NC 28523 A. Signs m X�® 13. Received -by (& emeL DaM D.Is UIIwaftdnMtek If delivery address bebv JUN 2 9 Z006 Delive oZ 3. Service Type ❑ Certified Mail ❑ Express Mail 0 Registered ❑ Return Receipt for Merchandise ❑ Insured Mail ❑ C.O.D. 4. ResMcted Delivery? (Extra Fee) ❑ yes I 2. ArtICIeNfrrrro 7006 0810 0006 7301 0384 (r2ns/er, service label) PS Form 3811, February 2004 Domestic Return Receipt 102595-024-1540 UNITED .STATES POSTA'L'3ERCnaP" • 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 cr�%r*-a I I I I I I I I I I I I I I I I I I I I f I I I I I I I I I I I