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HomeMy WebLinkAbout05-14C BakerAMA 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 October 17, 2005 Mr. Fletcher Baker, Jr. 703 Terrace Court Jacksonville, NC 28546 RE: Payment of Proposed Penalty for Violations of the Coastal Area Management Act, Committed in Onslow County CAMA Violation # 05-14C Dear Mr. Baker: This letter will acknowledge receipt of your Check # 1760, in the amount of $200.00, and dated 10/15/05. 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/srk 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: http://dem2.enr.state.nc.us An Equal Opportunity1 Affirmative Action Employer-50% Recycled 110% Post Consumer Paper Mr. Fletcher Baker August 31, 2005 Page 3 of 3 CAMA VIOLATION #05-14C 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 $200.00 against me for violation of the Coastal Area Management Act, NCGS 113A-100 et se , committed on or near my property at 230 River Reach Drive in Onslow 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 05, 2005, and agree to pay the proposed civil assessment of $200.00. /� 05�. DATE SIGNATURE ADDRESS TELEPHONE NUMBER 68 B ►FRB NCDr �% - RB ENR MTT North Carolina Department of Environment and Natural mesources Division of Coastal Management Michael F. Easley, Govemor Charles S. Jones, Director William G. Ross Jr., Secretary August 31, 2005 CERTIFIED MAIL RETURN RECEIPT REQUESTED Mr. Fletcher Baker 266 Creedmoor Rd. Jacksonville, NC 28546 RE: CAMA VIOLATION #05.14C Dear Mr. Baker: This letter is in reference to the Notice of Violation dated May 05, 2005 that Ryan Davenport, Coastal Management Representative for the Division of Coastal Management, issued to you for violation of your General Permit #39368-C, by improperly positioning your authorized pier and dock at 230 River Reach Road, adjacent to the White Oak River, Onslow County. The violation involved Coastal Wetlands, Estuarine Waters, and the Estuarine Shoreline, which are Areas of Environmental Concern designated by the Coastal Resources Commission. Based upon the site visit conducted on August 09, 2005 by Ryan Davenport, 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 Resource Commission, a proposed civil penalty in the amount of $200.00 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 $200.00 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 Mr. Fletcher Baker August 31, 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, 9- Tere Barrett, District Manager Division of Coastal Management Enclosures cc: pied Tyndall, Assistant Director, DCM 44oy Brownlow, Compliance Coordinator, DCM Ryan Davenport, Coastal Management Representative, DCM UNITED STATES POSTAL SERVICE II IFirst-Class Mail 9& Fees Paid USPSNo. G-tp • 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 1 inla nl;!1!li!i!t iluan iit !! !i In f 11! I!i!It ! ■ Complete items 1, 2, and 3. Also complete m ite4 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 pemlits. 1. Article Addressed to: Fletcher Baker 1010 Pinevalley Rd Jacksonville, NC 28546 A S4 store ,� E3 Agent ❑ Addressee ra. Received by ram°/ �tkc ✓ iD d by( D. Is delivery address different from item 1? ❑ Yq If YES, enter delivery address below: ❑ No 3. Service Type ❑ Certified Mall 0 Express Mail ❑ Registered 0 Return Receipt for Merchandise ❑ Insured Mail 0 c.c.o. 4. Restdcted Delivery? 4i)tba Feep ❑ Yes 2. Article Number 7005 1160 0003 1593 3484 mrranster fmm service AW PS Form 3811, Febmary 20D4 Domestic Return Receipt 102595-02-M-1540 Mr. Fletcher Baker August 31, 2005 Page 3 of 3 CAMA VIOLATION #05-14C 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 $200.00 against me for violation of the Coastal Area Management Act, NCGS 113A-100 et sec, committed on or near.my property at 230 River Reach Drive in Onslow County, North Carolina. In order to resolve this matter with no further action or expense on my party I accept responsibility for the violation as described in the Notice of Violation letter dated May 05, 2005, and agree to pay the proposed civil assessment of $200.00. DATE SIGNATURE ADDRESS TELEPHONE NUMBER A&t,owana __'fed a6onda Roy NCDENR North Carolina Department of Environment alter IMQLUIaI I1V0UU1U1V0 Division of Coastal Management Michael F. Easley, Governor Charles S. Jones, Director William G. Ross Jr., Secretary August 9, 2005 Fletcher Baker 1010 Pine Valley Rd. Jacksonville, NC 28546 RE: RESTORATION ACCEPTANCE — CAMA VIOLATION #05-14C Dear Mr. Baker: This letter is in reference to the Notice of Violation # 05-14C sent to you dated May 5, 2005 for the improper placement of a dock within the public trust area in or near the White Oak River. The violation took place on your property located at 230 River Reach Dr. in or near the community of Swansboro in Onslow County, North Carolina. This unauthorized activity constituted development and you were requested to move the dock 12' off the riparian property line. 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 August 9, 2005 to inspect the restoration of the unauthorized activity addressed in the Notice of Violation 05-14C. 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, 1� yan Davenport astal 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.nccoastalmanagement.net An Equal Opportunity \ Affirmative Action Employer - 500% Recycled \ 10% Post Consumer Paper e f N w North Carolina Michael F. Easley, Governor ATE � 6 NCDENR Department of Environment and Natural Division of Coastal Management Charles S. Jones, Director NOTICE OF VIOLATION May 5, 2005 CERTIFIED MAIL RETURN RECEIPT REQUESTED Fletcher Baker 266 Creedmoor Rd. Jacksonville, NC 28546 RE: VIOLATION OF CAMA MAJOR DEVELOPMENT PERMIT NO. 39368C CAMA VIOLATION #05-14C Dear Mr. Baker: 1,/-k8 I uc�p Resources William G. Ross Jr., Secretary This letter confirms that on April 15, 2005, Tere Barrett (District Manager) and Ryan Davenport (Coastal Representative) were onsite at your property located at 230 River Reach Dr. adjacent to the White Oak River located in or near Swansboro, Onslow County, North Carolina. The purpose of the visit was to monitor the permitted development of a dock on the aforementioned property within the White Oak River. Information gathered by me for the NC Division of Coastal Management shows that you have violated the terms or conditions of StatePermit No. 39368C 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 11/30/04, State Permit No. 39368C was issued to Fletcher Baker for the construction of a dock within White Oak River on property located in Onslow County, North Carolina, off River Reach Dr. 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. The permit was issued pursuant to the submitted, approved and attached plat showing a 12' setback from the northern riparian corridor line. For the following reasons, you are in violation of the above terms and conditions(s) of your permit: 1. Dock was constructed t7' from the northern riparian line. 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: 400 Commerce Avenue, Morehead City, North Carolina 28557 Phone: 252.808-2808 \ FAX: 252-247-3330 \ Internet: www.necoastalmanagement.net tL An Equal Opportunity \ Affirmative Action Employer — 50% Recycled \ 10% Post Consumer Paper Fletcher Baker May 6, 2005 Page 2 of 3 4r Relocate the dock such that it maintains the 12' setback or obtain a written agreement waiving the setback to 7'. 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. A civil penalty of up to Twenty -Five Hundred Dollars ($2500) may be assessed, or an injunction or criminal penalty may be 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 $200 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 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. Sincerely, y//a/nLDavenport oastal Management Representative Cc: Ted Tyndall,M4ssistant Director, DCM Tere Barrett, District Manager, DCM Rey Brownlow, Compliance Coordinator, DCM ENCLOSURE 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 — 500/6 Recycled \ 100/6 Post Consumer Paper Fletcher Baker ' s May 5, 2005 Page 3 of 3 RESTORATION PLAN For Fletcher Baker Property CAMA Violation No. 05-14C Property located at 230 River Reach Dr., Onslow County I, Fletcher Baker, agree to move the dock 12' off the riparian line or obtain written agreement waiving the setback to 7'. I agree to complete this restoration to the satisfaction of the Division of Coastal Management (DCM) by June 5, 2005, 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 $200 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: 252-808-2808 \ FAX: 252-247-3330 \ Internet: www.nccoastalmanagement.net An Equal Opportunity \ Affirmative Action Employer —50% Recycled \ 10% Post Consumer Paper DCM /ENFORCEMENT TRACKING REPORT n �� Field Rep. V l � A ko °a r--4 Issuer Violation Base No. 0 S—_ / t_ A B /G D LPO 3Q136 (J G Violated Permit No. Lpi (if applicable) Violation Description Was activity permittable? Yes / IS Initial Discovery Date 4'1110'5Discovery Method Violation tion Descri / P �o.�it<r i.c �l.,� �7.rpp do</ % Gt�r �� ri��vrA-. C�>✓.n..�� lrnr Respondent Information Prior Violations in same AEC: Yes /CNm,. Case Number _a, Respondent Name(s) /c 4 Pi 64 le � Landowne Agent/Contractor) Address '? (( CrredP-urr 12--( City ;jgCkvWe State NC Zip 2F,SY6 Phone # 1710 — S`Y J = 2 U / S— Fax # Email Violation Type: Project Type: Authorizations Required: Site Visits Respondent Site Visits Respondent No Permit rivatelCommuni Major CAMA Present Present `i1 Permtt Condttion Govt./Public Minor D&F Expired Permit Commercial General Inconsistent wl Rules Violation Location and Site Description Project Location: County 00 J ) u L,/ Street Address/ State Road/ Lot #(s) ),30 tz , ., R-A. Subdivision IGnnt 1-/e r— R e A C City JVgr>SUeu ZIP �`��^'� Phone# ( ) I /, River Basin ri/L;le VA/c Adj. Wtr. Body Cl i+ UAis Liman /unkn) Closest Maj. Wtr. Body 6L�5t,,c —fot 4 Restoration NOV Date , /6/0S— CNOV Date Penalty Assessment Sent to Respondent Date Rcvd. by Dist. Mgr. Date Assessment Extended Yes No Initial Req. Comp. Date Date Comp. Observed �C) Rover File / / Z, GShoreline Length . SAV: Not Sure Sandbags: Not Sure PNA: ORW: Crit. Hab. Photos Waiver Required In DWQ Buffer Area &M/o r 710409 Ref. App./Permit Fee Penalty Willful/Intent. Continuing Other Total Yes No Yes N Yes No Adjacent Yes o Adjacent Yes No OY No No Yes No Extension Granted Yes No Restoration Letter (G/q1 a� Acceptance Date C/ / Recomm. Assess. DCM Assess. $ / 00 .' $ $ if 00 $ $ r $ $ $ $a $ 00 r0 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 Date Collection Let. Sent Date Demand Let. Sent Injunction to complete restoration Violation Activities and Impacts AECs A d: �,� Wetlands Impacted? CW EW ES PTS � Yes / No If yes, which types: `r SA DS Cl SY 1R LS TY OEA HHF IH SS SC SP 404 PWS: FC: Other. Restoration Required by the Respondent es No i Dimensions in excess Dimensions to restore Final dimensions Actually restored of permit/ unauthorized activities allowed Development Activities f G GU✓��Yt^CYIU.. /RII //�� @V&Cg-4 C.f// oc`I l , la -Fri^riP�YrA� c'�..�c/� /�✓,., or o 44/-I Or9rre�e,.F Cv, viw it-1 J/ 7 A�v r S c�C Habitat Description Ocl6� CrUll•, CUgi%G)� CiJc%I4n�j NOTES: Closing Payment Received $ Date Date Case Closed AXXT�1' � 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 SECOND NOTICE OF VIOLATION CERTIFIED MAIL RETURN RECEIPT REQUESTED Fletcher Baker July 11, 2005 1010 Pine Valley Rd. Jacksonville NC, 28546 RE. SECOND REQUEST TO RESTORE UNAUTHORIZED DEVELOPMENT- CAMA VIOLATION #05.14C Dear Mr. Baker: This letter is in reference to the Notice of Violation that was issued to you on May 5, 2005 for unauthorized development in violation of the Coastal Area Management Act (CAMA). The violation occurred onsite your property located at 230 River Reach Dr., in or near the community of Swansboro, Onslow County, North Carolina. As stated in Notice of Violation #05.14C, the Divisions position is that you have violated the terms or conditions of State Permit No. 39368C on the aforementioned property. This activity took place in the Public Trust Area of Environmental Concern. On May 5, 2005, you were sent a restoration plan with a completion date of June 5, 2005. As of July 11, 2005 this restoration has neither been completed or begun. Our records indicate that you did not sign and return one of the original Restoration Agreements as you were instructed in the May 5, 2005 Notice of Violation, nor have you made contact with this office to discuss a resolution. I am enclosing a second restoration agreement. You are requested to sign the attached Restoration Agreement and return it to me in the enclosed self- addressed envelope. In accordance with 15A NCAC 07J .0409(f)(4)(g)(ii) your refusal or failure to comply with the Division's request to restore may be considered a Continuing Violation. A Continuing Violation shall be subject to the minimum penalty of one hundred dollars ($100.00) per day to be calculated from the date of receipt of the Notice of Continuing Violation. A court order may also be sought for an injunction to require restoration as described above. Please call me at (252) 808-2808 should you decide to enter into good faith negotiations in resolving this matter. I am available to meet with you onsite to discuss the requested restoration measures. Pending an enforcement report to be submitted after complete restoration, you will be notified as to the amount of a civil assessment for undertaking development without first obtaining the proper permit. Sincerely, ;an Davenport ostal Management Representative Caned Tyndall, Assistant Director, DCM Tere Barrett, District Manager, DCM Roy Brownlaw, Compliance Coordinator Mary Rawls, Realtor Andriea Frazier, Onslow Co. L.P.O. ENCLOSURE 400 Commerce Avenue, Morehead City, North Carolina 28557 Phone: 252-808-28081 FAQ(:-252-247-3330 \ Internet: www.nccoastalmanagement.net An Equal Opportunity \ Affirmative Action Employer - 50% Recycled \ 10% Post Consumer Paper RESTORATION PLAN For Fletcher Baker Property CAMA Violation No. 05-14C Property located at 230 River Reach Dr., Onslow County • P 1 Y' icy tiRyt .14° Ke�'� �k0.Line t} f*r ��p tY + C frpa `�G +� AY' q !�•� 4+�pt 4� A1bY�,�Y yl S ; jy yyf� ��} + �"} 4 }Ly�s,. �iF cd�4�L ryYy`Y oC�°<kLH Y n ��i 1. .ins 7'y -i ytF^Y }T iya Relocate - b. �yY �i' Y'f .k� ��,Cr r yt*" fi�Ge�i'�t c5'2 S * ' MlP. 3'iY ` ga�af`� t � TA iTF i *`� f' ,, 4_�'S•sw:+ '" 4 .,'Ay kJ'.�k• all It 3 u t • �iy f `.FH �a1+ I, Fletcher Baker, agree to move the dock 12' off the riparian line or obtain written agreement waiving the setback to 7'. I agree to complete this restoration to the satisfaction of the Division of Coastal Management (DCM) by August 1, 2005, 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 $200 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: 252-808-2808 \ FAX: 252-247-3330 \ Internet:-www.nccoastalmanagement.net An Equal Opportunity \ Affirmative Action Employer — 50% Recycled \ 10% Post Consumer Paper First -Class Mail Postage & Fees Paid USPS Permit No. G-10 print your name, address, and ZIP+4 in this box Division of Coastal Management 400 Commerce Avenue Morehead City, N.C. 28557 808-2808 ■ Complete items 1, 2, and 3. Also complete A Signature item 4 if Restricted Delivery is desired. X ■ Print your name and address on the reverse so that we can return the card to you. B. Received by ■ Attach this card to the back of the mailpiece, or on the front if space permits. D. Is delivery address ticle Addressed 10' If YES, enter deliv Fletcher Baker 1010 Pine Valley Rd. Jacksonville, NC 28546 l ❑ 3. "Deli..rry? ❑ R l ❑ c. 4. ery? (ire 2. Article Number 7004 2890 0003 8041 (rransfer from service kw PS Form 3811, February 2004 Domestic Return Receipt STATE OF NORTH CAROLINA COUNTY OF ONSLOW IN THE MATTER OF THE NOTICE OF VIOLATION(s) AND REQUEST TO CEASE AND DESIST VIOLATIONS(s) OF THE COASTAL NOTICE OF SERVICE AREA MANAGEMENT ACT AND/OR DREDGE AND FILL ACT TO: SHERIFF, Onslow COUNTY )NOTICE OF SERVICE YOU ARE HERESY REQUESTED TO serve the attached document in the above - entitled action to the individual listed below: Fletcher Baker 266 Creedmoor Rd. Jacksonville NC, 28546 This 14 day of June, 2005. 1010 Pine Valley Rd. Jacksonville NC, 28546 Ryan Davenport Local Permit Officer 400 Commerce Ave. Morehead City, NC 28557 (252) 808-2808 ----------------------------------------------- RETURN OF SERVICE I certify that this Notice of Service was received on the day of 20_, and together with the document was served as follows: On 20_, at the following place- , on the day of (fill in address where copy was delivered or left) Delivering copies to him personally 9 Leaving copies with MC,Iq ei t3aker ,\olh�kerZ who is a person of suitable age and discretion' and who resides in the named individual's dwelling house or place of business. If NOT served on the named individual, state reason: ----------------------------------------------- r I �J i FEE: $ Lp /ir-ULV^ ,SHERIFF OF 0,,I yjb COUNTY, NC PAID: BY: �� / ( _ e- YO°l , DEPUTY BY: IS60 P041 DATE: 6 — 17- Q03- , 20-d5— 4 -/w- 0-1� 13-May-05 NC DIVISION OF COASTAL MANAGEMENT ENFORCEMENT RECORD CASE CASE NUMBER LAST NAME FIRST NAME BUSINESS NAME: 0. 05-14C BAKER FLETCHER CASE IS CLOSED 1' NOV DATE CLOSURE DATE AFFLILIATION SECTOR ❑ Previous Violations in Same AEC PROPERTY OWNE PRIVATE for Similar Activities 5/5/2005 MAILING ADDRESS CITY STATE 266 CREEDMORE RD JA7MiTv-ILLE NC PROPERTY ADDRESS COMMUNITY 230 RIVER REACH DR 1SWANSBORO ZIP CODE PHONE NUMBER 26546- I WATERBODY NEAREST ROAD WHITE OAK RIVER F- DISTRICT OFFICE COUNTY DCM REPRESENTATIVE LPO CONTACT MHCDO ONSLOW JDAVENPORT I VIOLATION TYPE AFFECTED AEC(SJ n CW W EW © PTA ❑ ES ❑ PTS MAJOR PERMIT CONDITION VIOLATION ' OEA ❑ HHFA ❑ IHA ❑ PWS ❑ NCRA J NATURE OF VIOLATION AEC DESCRIPTION olation of the term or conditions of State Permit No. 39368-C by constructing the dock not cor >rk plan drawings. RESTORATION STATUS ------ --------- ------------, RESTORATION REQUEST DATE y 6/5/2005 RESTORATION NOT REQUIRED - CONTRACTOR - RESTORATION NOT REQUIRED - PERMITTABLE DEVELOPMENT 1 RESTORATION NOT REQUIRED - FURTHER IMPACTS RESTORATION PENDING PENALTY STATUS,' PENALTY ISSUED PENALTY NOT ISSUED CONRACTOR'S FIRST OFFENSE COMPLETION DATE n RESTORATION EXTENDED RESTORE DATE DEADLINE EXTENDED REFERRED TO AG'S OFFICE - COLLECTION REFERRED TO AG'S OFFICE - INJUNCTION ASSESSMENT DATE PENALTY AMOUNT COLLECTION DATE AMOUNT COLLECTED j WILLFUL INTENTIONAL PENALTY (MIN. OR DOUBLED) ❑ CNOV ISSUED SETTLED, AGREED UPON, OR STIPULATED PENALTY 1 PENALTY APPEALED UNCOLLECTIBLE PENALTY Violations Involving Adversely Impacted Resources AMOUNT OF ADVERSELY DISTURBED AREA (SQ. FT.) �- AMOUNT OF RESTORED AREA (SO. FT) I NOTES 'L' FORMAL CPA ISSUED r 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 October 17, 2005 Mr. Fletcher Baker, Jr. 703 Terrace Court Jacksonville, NC 28546 I►, : ' ii •: RE: Payment of Proposed Penalty for Violations of the Coastal Area Management Act, Committed in Onslow County CAMA Violation # 05-14C Dear Mr. Baker: This letter will acknowledge receipt of your Check # 1760, in the amount of $200.00, and dated 10/15/05. 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/srk 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: hfp://dem2.enr.state.nc.us An Equal Opportunity 1 Affirmative Action Employer— 50% Recycled 110% Post Consumer Paper ©� �. 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 SECOND NOTICE OF VIOLATION CERTIFIED MAIL RETURN RECEIPT REQUESTED Fletcher Baker July 11, 2005 1010 Pine Valley Rd. Jacksonville NC, 28546 RE. SECOND REQUEST TO RESTORE UNAUTHORIZED DEVELOPMENT — CAMA VIOLATION #05-14C Dear Mr. Baker: This letter is in reference to the Notice of Violation that was issued to you on May 5, 2005 for unauthorized development in violation of the Coastal Area Management Act (CAMA). The violation occurred onsite your property located at 230 River Reach Dr., in or near the community of Swansboro, Onslow County, North Carolina. As stated in Notice of Violation #05-14C, the Divisions position is that you have violated the terms or conditions of State Permit No. 39368C on the aforementioned property. This activity took place in the Public Trust Area of Environmental Concern. On May 5, 2005, you were sent a restoration plan with a completion date of June 5, 2005. As of July 11, 2005 this restoration has neither been completed or begun. Our records indicate that you did not sign and return one of the original Restoration Agreements as you were instructed in the May 5, 2005 Notice of Violation, nor have you made contact with this office to discuss a resolution. I am enclosing a second restoration agreement. You are requested to sign the attached Restoration Agreement and return it to me in the enclosed self- addressed envelope. In accordance with 15A NCAC 07J .0409(f)(4)(g)(ii) your refusal or failure to comply with the Division's request to restore may be considered a Continuing Violation. A Continuing Violation shall be subject to the minimum penalty of one hundred dollars ($100.00) per day to be calculated from the date of receipt of the Notice of Continuing Violation. A court order may also be sought for an injunction to require restoration as described above. Please call me at (252) 808.2808 should you decide to enter into good faith negotiations in resolving this matter. I am available to meet with you onsite to discuss the requested restoration measures. Pending an enforcement report to be submitted after complete restoration, you will be notified as to the amount of a civil assessment for undertaking development without first obtaining the proper permit. Sincerely, an Davenport oastal Management Representative Cc:Ted Tyndall, Assistant Director, DCM Tere Barrett, Df*ict Manager, DCM Roy Brownlow, Compliance Coordinator Mary Rawls, Realtor Andriea Frazier, Onslow Co. L.P.O. ENCLOSURE 400 Commerce Avenue, Morehead City, North Carolina 28557 Phone: 252-808-2808 \ FAX: 252-247-3330 \ Internet: www.nccoastalmanagement.net An Equal Opportunity \ Affirmative Action Employer - 509/6 Recycled \ 10% Post Consumer Paper RESTORATION PLAN For Fletcher Baker Property CAMA Violation No. 05-14C Property located at 230 River Reach Dr., Onslow County Riparian 'r-7-F Line M1r I Y!°ipt ytC+ �'� �+d, � ���# ifY�➢Il• ���,3 h G�} � � ,�6^� Y �' � } sl •'£� CEx PY tr etlrl 0 Iq. hf$] Relocate N�F+ (R1�Tq.F. 7�11frr� 4i • •. •`I M��i ♦ P9- fly r f,•ff,Ae`'d�,.,m'fifdf.� +i-`fir �. &`v.:, ilr • •• �t:b sp ter. riff �� � r_ • e I, Fletcher Baker, agree to move the dock 12' off the riparian line or obtain written agreement waiving the setback to 7'. I agree to complete this restoration to the satisfaction of the Division of Coastal Management (DCM) by August 1, 2005, 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 $200 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: 252-808-2808 \ FAX: 252-247-3330 \ Internet: www.nccoastalmanagement.net An Equal Opportunity \ Affirmative Action Employer— 50% Recycled \ 10% Post Consumer Paper 1B-Oct-05 NC DIVISION OF COASTAL MANAGEMENT ENFORCEMENT RECORD CASE STATUS CASE NUMBER LAST NAME FIRST NAME BUSINESS NAME: 05-14C IBAKER FLETCHER • CASE IS CLOSED I Previous Violations in Same AEC for Similar Activities NOV DATE CLOSURE DATE Elapsed Days AFFLILIATION SECTOR 51512005 NKSM2= 165 IPROPERTY OWNER PRIVATE MAILING ADDRESS CITY STATE ZIP CODE PHONE NUMBER 266 CREEDMORE RD JACKSONVILLE NC 28546- F— PROPERTY ADDRESS COMMUNITY WATERBODY NEAREST ROAD 230 RIVER REACH DR SWANSBORO 1WHITE OAK RIVER �— DISTRICT OFFICE COUNTY DCM REPRESENTATIVE LPO CONTACT MHCDO IONSLOW JDAVENPORT I VIOLATION TYPE �FECTED AEC(S� 'IJ CW h/! EW JI PTA ES PTS MAJOR PERMIT CONDITION VIOLATION OEA HHFA IHA PWS NCRA NATURE OF VIOLATION AEC DESCRIPTION Violation of the term or conditions of State Permit No. 39368-C by constructing the dock not consistent with submitted work plan drawings. ',RESTORATION STATUS, — RESTORATION REQUEST DATE COMPLETION DATE 6/5/2005 8/9/2005 RESTORATION NOT REQUIRED - CONTRACTOR RESTORATION EXTENDED RESTORE DATE DEADLINE RESTORATION NOT REQUIRED - PERMITTABLE DEVELOPMENT EXTENDED RESTORATION NOT REQUIRED - FURTHER IMPACTS REFERRED TO AG'S OFFICE - INJUNCTION INJUNCTION DATE: r— RESTORATION PENDING REFERRED TO AG'S OFFICE -COLLECTION COLLECTION REQUEST DATE: F— ASSESSMENT DATE PENALTY AMOUNT COLLECTION DATE AMOUNT COLLECTED 'PENALTY STATUS i --- - 8/31/2005 7200 1 10/17/2005 r $200 J. PENALTY ISSUED �.I WILLFUL 8 INTENTIONAL PENALTY MIN. OR DOUBLED) PENALTY NOT ISSUED CNOV ISSUED CNOV DATE CONRACTOR'S FIRST OFFENSE PENALTY APPEALED APPEAL DATE I FORMAL CPA ISSUED FORMAL CPA DATE 'SETTLED, AGREED UPON, STIPULATED PENALTY SETTLEMENT DATE UNCOLLECTIBLE PENALTY F—UNCOLLECTIBLE DETERMINATION DATE Violations Involving Adversely Impacted Resources AMOUNT OF ADVERSELY DISTURBED AREA (SQ. FT.) AMOUNT OF RESTORED AREA (SQ. FT) r NOTES 5o see Schwartz, case no. possible CNOV issuance. Baker. Second request to restore issued 07/11/2005 - warning OFFICE OF THE ' J11" SHERIFF OF ONSLOW COUNTY701 MILL AVENUE JACKSONVILLE, N.C. 2WO I Ryan Davenport Local Permit Officer 400 Commerce Avenue Morehead City, NC 28557