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Home My WebLink About05-31C Blue Water Marine ConstructionRXIMA - -_ NCENR 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 October 31, 2005 BLUE WATER MARINE CONSTRUCTION, INC. P O BOX 93 MOREHEAD CITY, NC 28557 rTB B 1" JRB —K ,-RB TT RE: Payment of Proposed Penalty for Violations of the Coastal Area Management Act, Committed in Carteret County CAMA Violation #05-31C Dear Mr. Bailey: . This letter will acknowledge receipt of your check #4505, in the amount of $500.00, and dated October 31, 2005. Once the amount of the check is credited to the Department of Environment and Natural Resources' account, this matter will be fully and completely closed. If you.have any further questions concerning this matter, please contact me at my Morehead City office, (252) 808-2808. Sincerely, Tere Barrett District Manager TB/lsb cc: Roy Brownlow, Compliance Coordinator Ted Tyndall, Asst. Director Ryan Davenport, Coastal Management Rep: Henry Wicker, COE 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 a� ---LSB -ARB TB !/RB NCDENR MTT North Carolina Department of Environment and Natural Kesources Division of Coastal Management Michael F. Easley, Governor Charles S. Jones, Director William G. Ross Jr., Secretary September 30, 2005 CERTIFIED MAIL RETURN RECEIPT REQUESTED Bluewater Marine Construction C/o Mr. Alan Bailey PO Box 93 Morehead City, NC 28557 RE: CAMA VIOLATION #05-31C Dear Mr. Bailey: This letter is in reference to the Notice of Violation dated 8/11/05 that Mr. Ryan Davenport, representative for the Division of Coastal Management, issued to you for the unauthorized installation of a platform and two boatlifts at 1400 Dill Creek Lane, adjacent to Dill Creek, Morehead City, Carteret County. The violation involved the Public Trust and Estuarine Waters, and Coastal Wetlands, 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. Please be reminded that you have been issued two (2) prior Notice of Violations for unauthorized development activity in the Estuarine and/or Public Trust Waters AEC's. Pursuant to the North Carolina Administrative Code, Title 15A, subchapter 7J .0409(f)(4)(E)(ii), the amount of the civil assessment proposed against you will reflect the repetitiveness of your noncompliance with the Coastal Area Management Act (CAMA) and the Coastal Resource Commission's rules. Under the rules of the Coastal Resource 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. 151-B Hwy, 24, Hestron Plaza II, Morehead City, North Carolina 28557 Phtne: 252-808-28081 FAX: 252-247-33301 Internet www.ncooastalmanagement.net An Equal Opportunity 1 Affirmative Action Employer- 50% Recycled 110% Post Consumer Paper Bluewater Marine Construction C/o Mr. Alan Bailey September 30, 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, �. 94� Tere Barrett, District Manager, MHC Division of Coastal Management Enclosures cc: Ted Tyndall, Assistant Director, DCM Roy Brownlow, Compliance Coordinator, DCM Ryan Davenport, Coastal Management Representative, DCM Henry Wicker, USACE 151-B Hwy. 24, Hestron Plaza II, 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 Bluewater Marine Construction C/o Mr. Alan Bailey September 30, 2005 Page 3 of 3 CAMA VIOLATION #05.31C 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 sue, committed on or near property located at 1400 Dill Creek Lane, adjacent to Dill Creek, Morehead City, Carteret County, 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 8/11/05, and agree to pay the proposed civil assessment of $500.00. DATE SIGNATURE ADDRESS TELEPHONE NUMBER 151-B Hwy. 24, Hestron Plaza II, Morehead City, North Carolina 28557 Phone: 252-808-28081FAX: 252-247-33301Internet: www.nccoastalmanagement.net An Equal Opportunity 1 Affirmative Action Employer — 50% Recycled 110% Post Consumer Paper Bluewater Marine Construction C/o Mr. Alan Bailey September 30, 2005 Page 3 of 3 CAMA VIOLATION #05.31C 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 seg, committed on or near property located at 1400 Dill Creek Lane, adjacent to Dill Creek, Morehead City, Carteret County. 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 8/11/05, and agree to pay the proposed civil assessment of $500.00. DATE SIGNATURE ADDRESS TELEPHONE NUMBER 151-B Hwy. 24, Hestron Plaza II, Morehead City, North Carolina 28557 Phone: 252-808-28081 PAX: 252-247-33301 Internet: www.nccoastaimanagement.net An Equal Opportunity1 Affirmative Action Employer - 50% Recycled 110% Post Consumer Paper DCM ENFORCEMENT TRACKING REPORT su Field Rep. �• .�AU�Is PdL7 Violation Base No. 05--3 G LPO _ A B D LPI I C/ Violated Permit No. (if applicable) Violation Description Was activity permittable? Yes % No Initial Discovery Date Discovery Method /1/10Nt Violation Description Respondent information Prior Violations in same AEC:(Yesj No Respondent Name(s) 13 Address d_23_ .. l City Phone #- — --- -- - - - --- - - -- Fax # - - Email Case Number State IVC— Zip . Violation Type: Project Type: Authorizations Requir Site Visits Respondent Site Visits Respondent _l No Permit �y rival Community �'�Ma'or 1 _; CAMA ) - Presenter / ✓ Present U Permit Condition �_ Govt./Public Minor D&F ' ----- L1 i xpired Permit [ Commercial _, �� General - - - J L , InconsistentwlRules Violation Location and'Site Description /'� Rover File Project Location: County-__ C4Z—__-___--- Shoreline Length Street Address/ State Road/ Lot #(s) SAV N S Y IN of ure Sandbags: Not Sure PNA: ORW: No Adjacent Yes la Adjacent City---(Y1 �{ ---- ----- ZIP -r �5 --- -- Crit. Hab. Yes No Phone#()_----_�_—�_�99,RiverBasin__/�¢u�� Photos No ^^-� Adj. Wtr. Body L' (( 1. Aex L a)/man /unkn) Waiver Required Yes No Closest Maj. Wtr. Body �� In DWQ Buffer Area Ye-,�iWpBN� No Restoration A) Extension Granted Yes No NOV Date __-___--- . Initial Req. Comp. Date __ -____ Restoration Letter CNOV Date _- _..._ __. Date Comp.Observed �--hU ------- Acce [ante Date � Penalty Assessment Sent to Respondent Date Rcvd. by Dist. Mgr. Date Assessment Extended Yes App./Permit Fee Penalty No l Willful/Intent. Continuing Other 7J.0409 Ref. Recomm. Assess i DCM Assess. $ �-$ -�CyI�� -I$ _ -- I$ - - "l -- --1- N �$ - - "$ - i$ rt� Total /�j•p Formal Assessments, Appeals and Reductions Date Long Form Submitted _ Assessment Appealed Yes No Date Formal CPA Submitted Final Assessment $_ _ _ - _ -_ _ _Date . _-_ Penalty modified - Attorney General's Office for Injunction or Formal Collection Date sent to AG _._ _ _. Respondent not responsive to penalty/NOV I_ Injunction to complete restoration Date Collection Let. Sent __ __ _- ___ ____. Date Demand Let. Sent Violation Activities and Impacts AECs A/ffp�;e,t/gd: �� Wetlands Impacted? Ye / No If yes, which types: l� EW t`YJI�' ES PTS OEA HHF IH 0 DS CJ SY 1R LS TY PWS: FC: SS SC SP 404 Other: Restoration Required by the Respondent Yes / No Development Activities—J. Dimensions in excess I Dimensions to restore of permit/ unauthorized activities) _ Final dimensions allowed r Actually restored j [� T _(AzFd Q--,k - 1 �_ oaFG ! tg --- -- ------ /z-X 3 0--- /�-h- --- 1-9 / 3 �- —� Habitat Description NOTES: Closing Payment Received S. __.. __ _ .._ — _ __ -Date. _- _._ ______.__ Date Case Closed - 3;5L—, rA NCDENR North Carolina Department of Environment and Natural Resources Division of Coastal Management Michael F. Easley, Governor CERTIFIED MAIL RETURN RECEIPT REQUESTED Bluewater Marine Construction, Inc. C/O Alan Bailey P.O. Box 93 Morehead City, NC 28557 Charles S. Jones, Director NOTICE OF VIOLATION August 11, 2005 William G. Ross Jr., Secretary A-Lowana Ted onda A�-Roy RE: NOTICE OF VIOLATION AND REQUEST TO CEASE UNAUTHORIZED DEVELOPMENT CAMA VIOLATION #05.31C Dear Mr. Bailey: This letter is in reference to our August 11, 2005 meeting onsite at 1400 Dill Creek Ln., in Dill Creek, near Morehead City in Carteret County, North Carolina. The purpose of the onsite meeting was to investigate unauthorized development on the aforementioned property. Information gathered by me for the Division of Coastal Management indicates that your actions as contractor for Roy Kittrell 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.) 11 3A-1 18. I have information that indicates you have undertaken or are legally responsible for the unauthorized construction of a 30'X12' platform and two boatlifts on the aforementioned property. This activity took place in coastal wetlands, estuarine waters and public trust area that are contiguous with Dills Creek. Coastal wetlands, estuarine waters and public trust areas are designated as Areas 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 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 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 $500 against all 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 Bluewater Marine Construction, Inc. August 11, 2005 Page 2 of 2 violations. 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)(F)(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 3rd 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, J. an Davenport C tal Management Representative Cc: Ted Tyndall, Assistant Director, DCM Tere Barrett, District Manager, DCM Roy Brownlow, Compliance Coordinator, DCM 400 Commerce Avenue, Morehead City, North Carolina 28557 Phone: 252-808-2808 \ FAX: 252-247-3330 \ Internet: www.nccoastaimanagement.net An Equal Opportunity \ Affirmative Action Employer— 50% Recycled \ 10% Post Consumer Paper FUNCTION=> C-------DCM ENFORCEMENT PRIMARY VIOLATOR INFORMATION --------- RRD210 CASE: 010070C PERMIT #: GPC27976 CONSULTANT: SHAVER NAME: BAILEY, ALAN ADDR: P.O. BOX 93 CITY: MOREHEAD CITY STATE: NC ZIP: 28557 PHONE: 000 000 0000 CNTY: CARTERET NEAREST WATER BODY: BOGUE SOUND ST PLANE X: LPO : LOCALITY: ATLANTIC BEACH ST PLANE Y: VIO DESC: CONSTRUCTION OF UNAUTHORIZED FINGER PIER ---CONTRACTOR 1ST OFFENSE-- NOV SENT: 10 15 01 VIOLATION: MAJOR: Y MINOR: PERM COND: CAMA: Y D&F: RESTORE : N REQUESTED: COMPLETED: ESTUARY: PUB TRST: Y 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: 00000 REFERENCES: CRITERIA: REPORT RCVD: ASSESSED: 0 TO OGC: TO VIOLATOR: PAY REC: 0 ON: CASE CLOSED: 10 15 01 # 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: 000016C PERMIT #: CONSULTANT: BARRETT NAME: BLUEWATER CONSTRUCTION ADDR: P.O. BOX 93 CITY: MOREHEAD CITY STATE: NC ZIP: 28557 PHONE: 252 504 0737 CNTY: CARTERET NEAREST WATER BODY: BOGUE SOUND ST PLANE X: LPO : LOCALITY: EMERALD ISLE ST PLANE Y: VIO DESC: CONSTRUCTED DOCK AND LIFT FOR PHILLIP WHITE : 1ST OFFENSE- CONTRACTOR NOV SENT: 04 07 00 VIOLATION: MAJOR: Y MINOR: PERM COND: CAMA: Y D&F: RESTORE : N REQUESTED: 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: 00000 REFERENCES: CRITERIA: 03 23 95 REPORT RCVD: ASSESSED: 0 TO OGC: 01 01 01 TO VIOLATOR: PAY REC: 0 ON: CASE CLOSED: 04 10 00 # VIOLATORS: 02 TOTAL ASSESSMENT: 000000 TOT RECEIVED: 000000 MESSAGE: PFI=HELP PF2=MAIN MENU PF3=ENFORCEMENT MENU PF4=PREV SCREEN PF5=VIOLATOR UNITED STATES POSTAL SERv F first -bless }uTel PM ` Postage 8 Fees Peid r � USPS 0' Permit No. G•10 • Sender: Please print y; me, address, and ZIP+4 in this box N.C. Division of Coastal Management 400 Commerce Avenue Morehead City, N.C. 28557 808-2808 ■ 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 mailplece, or on the front if space permits. 1. Article Addressed to: -�lL)� � &4, toad �''d'a tw---� A. jZt��.��1[=' ❑ Agent Date of Delivery D. Is delivery address dffferent from item 14 U Yet if YES, enter delivery address below: 0 r4o 3. Service Type Certified Mail 0 Express Mail O Registered @'mum Receipt for Merchandise ❑ Insured Mail 'J C.O.D. 4. Restrkted Delivery? Pft Feat ❑ yes 2. Art(rms Number 7004 2890 0003 8041 9656 (irensrer from service faDeQ � PS Form 3811, February 2004 Domestic Retum Receipt 102595-02-M-1540 1 CASE STATUS "- "-? CASE NUMBER LAST NAME FIRST NAME BUSINESS NAME: 05-31C BAILEY ALAN BLUEWATER MARINE CONSTRUC :i CASE IS CLOSED _ Previous Violations in Same 0 NOV DATE CLOSURE DATE Elapsed Days AFFLILIATION SECTOR AEC for Similar Activities 8/11/2005 171 ICONTRACTOR PRIVATE MAILING ADDRESS CITY STATE ZIP CODE PHONE NUMBER POB 93 MOREHEAD CI7 NC 28557- 1 PROPERTY ADDRESS COMMUNITY WATERBODY NEAREST ROAD 1400 DILL CREEK UN IMOREHEAD CITY DILL CREEK F— DISTRICT OFFICE COUNTY DCM REPRESENTATIVE LPO CONTACT MHCDO ICARTERET IDAVENPORT I — VIOLATIONTYPE AFFECTED AEC(S).� CW F%'-. EW PTA 11 ES PTS MAJOR CAMA plus DREDGE AND FILL I OEA HHFA IHA 1 PAS ❑ NCRA NATURE OF VIOLATION AEC DESCRIPTION Unauthorized major development by construction of a dock platform and boatlift within the EW and PTA AECs in Dill Creek contiguous with the Newport River. RESTORATION REQUEST DATE COMPLETION DATE JI RESTORATION NOT REQUIRED - CONTRACTOR I RESTORATION EXTENDED RESTORE DATE ❑ DEADLINE ',..] RESTORATION NOT REQUIRED - PERMITTABLE DEVELOPMENT EXTENDED RESTORATION NOT REQUIRED - FURTHER IMPACTS ❑ REFERRED TO AG'S OFFICE - INJUNCTION ❑ RESTORATION PENDING { INJUNCTION DATE: r REFERRED TO AG'S OFFICE - COLLECTION COLLECTION REQUEST DATE:I _ ASSESSMENT DATE PENALTY AMOUNT COLLECTION DATE AMOUNT COLLECTED 'PENALTY STATUS --" "- j 7/30/2005 $5 00 F- I JI PENALTY ISSUED I (__i WILLFUL & INTENTIONAL PENALTY MIN. OR DOUBLED) 1 PENALTY NOT ISSUED ❑ CNOV ISSUED CNOV DATE ❑ CONRACTOR'S FIRST OFFENSE PENALTY APPEALED APPEAL DATE FORMAL CPA ISSUED FORMAL CPA�DATE ❑ { SETTLED, AGREED UPON, STIPULATED PENALTY 1 SETTLEMENT DATE Ll UNCOLLECTIBLE PENALTY I UNCOLLECTIBLE DETERMINATION DATE Violations Involving Adversely Impacted Resources AMOUNT OF ADVERSELY DISTURBED AREA (SO. FT.) AMOUNT OF RESTORED AREA (SQ. FT) NOTES see related case no. 05-30C Kitlrell - Bailey was contractor LAR ACTIVITY IN SAME AEC, CASE NO. 01-70C.