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HomeMy WebLinkAbout05-39C AndersonAkA r NCDENR North Carolina Department of Environment and Natural Resources Division of Coastal Management Michael F. Easley, Governor Charles S. Jones, Director NOTICE OF SERVICE BY SHERIFF September 02, 2005 Craven County Sheriffs Department RE: SERVICE OF DOCUMENT UPON Mr. Johnny Ray Anderson Dear Lt. Weaver: William G. Ross Jr., Secretary As I have been unable to serve the enclosed Request to Cease and Desist all development within any Area of Environmental Concern as determined by the Coastal Resources Commission (in this case the Public Trust Waters of Pitch Kettle Creek and the adjacent Public Trust Shoreline within 30' of the creek) upon Mr. Johnny Ray Anderson, I would greatly appreciate utilizing the Craven County Sheriffs Department to do so. The directions to Mr. Anderson's residence are as follows: 7825 River Road, adjacent to Pitch Kettle Creek, Craven County. Enclosed is the Request to Cease and Desist by facsimile, as per your request,. If you have any problems or questions, you can contact me at 252 808-2808, or in my absence ask for Mr'. Mark Hardeman, Field Representative for that area. Thank you very much for your cooperation in this matter. Sincerely, Tere Barrett District Manager, MHC cc: Ted Tyndall, Assistant Director, DCM Roy Brownlow, Compliance Coordinator, DCM Mark Hardeman, Field Representative, DCM 400 Commerce Avenue, Morehead City, North Carolina 28557 Phone: 252-808-28081 FAX: 252-247-33301 Intemet: www.nccoastalmanagement.net An Equal Opportunity 1 Affirmative Action Employer— 50% Recycled 110% Post Consumer Paper NCDENR North Carolina Department of Environment and Natural ReSOL Division of Coastal Management Michael F. Easley, Governor Charles S. Jones, Director William Service by Craven County Sheriff Department Johnny Ray Anderson 7825 River Rd. Vanceboro, NC 28586 RE.STOP WORK ORDER AND NOTICE TO CEASE AND DESIST Dear Mr. Anderson: This letter confirms that on September 2, 2005, the NC Division of Coastal Management regarding development occurring on your property located at 7825 River Road, adjacent to Pitc in or near Vanceboro, off River Road, Craven County, North Carolina. The purpose ofthil unauthorized development including but not limited to the installation of a boatramp. P development within Pitch Kettle Creek or the adjacent 30' shoreline must receive pric this division. No such authorization has been issued for this location. No person may u in a designated Area of Environmental Concern without first obtaining a permit from the North Environment and Natural Resources, North Carolina General Statutes (N.C.G.S.) 113A-1 18. Ross Jr., Secretary Sept 2, 2005 eceived a complaint Kettle Creek located letter is to stop any :ase note that any authorization from dertake development trolina Department of You are hereby requested to STOP WORK IMMEDIATELY. Failure to cease work or continuation of work after receipt of this Notice may constitute a violation of the Act and you may be subject to civil and/or criminal penalties as provided by North Carolina General Statute (NCGS)113A-126. Each day the development continues, or is repeated after receipt of this Notice, may constitute a separate violation and could result in further penalties or imprisonment for not more than sixty (60) days or both (NCGS 113A-126). Thank you for your time and cooperation in resolving this important matter. If you have any related matters, please call me at 252 808-2808. The relevant statutes and regulations are a, and I am willing to assist you in complying with the requirements of these laws. A site inspec near future to determine whether this STOP WORK ORDER has been complied with. I requi immediately about these important matters. Sincerely, Mark Hardeman Field Representative Cc: Ted Tyndall, Assistant Director, DCM Tere Barrett, District Manager, DCM Roy Brownlow, Compliance Coordinator, DCM ENCLOSURE 400 Commerce Avenue, Morehead City, North Carolina 28557 Phone: 252-808-28081 FAX: 252-247-33301 Internet: www.nccoastalmam estions about this or able from this office, i will be made in the that you contact me net An Equal Opportunity 1 Affirmative Action Employer -50% Recycled 110% Post Consumer DIVISION OF COASTAL MANAGEMENT A * 0 N11,1111 NCDENR NO CA OUNA DPPAAfMEW OF ENVIRONMENT ANO NA RAl RESOURCES WIM-4 OFFICE: TELEPHONE: ( 1 FAX: FROM: Morehead City Office 400 Commerce Avenue Morehead City, NC 28557-3421 Voice: (252) 808-2808 FAX: (252) 247-3330 Re: CS DATE SENT: TOTAL PAGES INCLUDING COVER SHEET: I DATE START RECEIVER TRANSACTION REPORT TX TIME PAGES TYPE P. 01 SEP-12-2005 FRI 03:29 PM NOTE M# DP SEP-02 03:28 PM 912626333284 1110" 3 SEND OK 986 ARA NCDENR North Carolina Department of Environment and Natural Division of Coastal Management Michael F. Easley, Governor December 13, 2005 Johnny Ray Anderson 7825 River Road Vanceboro, N.C. 28586 Charles S. Jones, Director 0 ResourcS William G. gloss Jr., Secretary RE: Payment of Proposed Penalty for Violations of the Coastal Area Management Act, Committed in Craven County CAMA Violation # 05-39C Dear Mr. Anderson: This letter will acknowledge receipt of your money order in the amount of $2d0.00, and dated 12/08/05. 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/rcb cc: Roy Brownlow, Compliance Coordinator Ted Tyndall, Asst. Director Raleigh Bland, COE 400 Commerce Avenue, Morehead City, North Carolina 28557 Phone: 252-808-28081 FAX: 252-247-33301 Internet: hftp://dcm2.enr.state.nc.us An Equal Opportunity1 Affirmative Action Employer —50% Recycled 110% Post Consumer Paper a7r2" /4- ��� NCDENR North Carolina Department of Environment and Natural Resources Division of Coastal Management Michael F. Easley, Governor Charles S. Jones, Director William Gi Ross Jr., Secretary NOTICE OF VIOLATION � CERTIFIED MAIL October 17, 2005 " B *�l RETURN RECEIPT REQUESTED 1L RB T Johnny Ray Anderson M 7825 River Rd Vanceboro, NC 28586 RE: NOTICE OF VIOLATION AND REQUEST TO CEASE UNAUTHORIZED DEVELOPMENT CAMA VIOLATION #05-39C Dear Mr. Anderson: This letter confines that on October 5, 2005, Roy Brownlow, Compliance and Enforcement Coolrdinator, and I were onsite at your property located at 7725 River Road adjacent to the Neuse River, in or near Yanceboro, Craven County, North Carolina. The purpose of the visit was to investigate unauthorized development caused by excavating and filling for a boat ramp within and adjacent to the Neuse River. A "Stop Work" order from the Division of Coastal Management was delivered by the Craven County Sheriff Department on or about 9/8/05. 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 p rmit from the North Carolina Department of Environment and Natural Resources. This requirement is imposed by North Carolina General Statute (N.C.G.S.) 11 3A-1 18. I have information that indicates you have undertaken or are legally responsible for grading approximately 25' x 60' of high ground, filling with gravel approximately 15' x 60' of high ground, and grading and filling with gravel approximately 10' x 26' of shallow bottom area, all adjacent to and/or within the Neuse River on the aforementioned property. This activity took place in Estuarine Waters, Estuarine Shoreline, and Public Trust Areas that are contiguous with the Neuse River. Estuarine Waters, Estuarine Shorelines, and Public Trust Areas are designated as Areas of Environmental Concern (AEC). No CAMA 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 and the State's Dredge and Fill Law. 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). It is the policy of the Coastal Resources Commission to levy a minimum civil assessment of $350.00 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. 400 Commerce Avenue, Morehead City, North Carolina 28557 Phone: 252-808-28081 FAX: 252-247-33301 Internet: www.nccoastalmanag:ment.net An EqualOpportunitylAffrmativeActionEmployer-50%Recycled110%PostConsumerPa r Johnny Ray Anderson October 17, 2005 Page 2 of 2 You are also in violation of the State's Dredge and Fill Law which requires a permit from the North Carolina Department of Environment and Natural Resources before undertaking any excavating or filling in any estuarine waters, tidelands, marshlands, or state-owned lake pursuant to N.C.G.S.113-229. Therefore, I also request that you immediately CEASE AND DESIST such unauthorized activity and contact me about this matter as well. Violations of the State's Dredge and Fill Act may be enforced by a criminal penalty or a civil action for damages or an injunction in accordance with N.C.G.S.113-229. Based upon review of the Coastal Area Management Act, Coastal Resource Commission's rules, and the local jurisdiction's Land Use Plan, the activity you have undertaken appears consistent with the guidelines for Areas of Environmental Concern. Therefore, restoration of the impacted area is not requested at this time. However, please be advised that upon request, you must be able to provide us proof that you have given your adjacent riparian property owners notice of this unauthorized development and provided them the opportunity to comment to the Division of Coastal Management. Should you be requested to provide this documentation, you must provide confirmation that a written statement has been obtained, signed by the adjacent riparian property owners, indicating that they have no objection to the completed work; or you must provide confirmation that the adjacent riparian property owners have been notified by certified mail of the completed work. This notice shall instruct adjacent property owners to provide any comments on the completed development in writing to this Division within ten (10) days of receipt of the notice and shall indicate that no response from them will be interpreted as not having any objection. 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 my submission of an enforcement report to the District Manager, you will be notified as to the amount of a civil assessment for undertaking development without first obtaining the proper permit. 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 about these important matters. Sincerely, Mark Hardeman Coastal Management Representative Cc: Ted Tyndall, Assistant Director, DCM Tere Barrett, District Manager, DCM Roy Brownlow, Compliance Coordinator, DCM Raleigh Bland, USACE Chad Strawn, LPO 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 ATMA 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 20, 2005 CERTIFIED MAIL RETURN RECEIPT REQUESTED Mr. Johnny Ray Anderson 7825 River Road Vanceboro, NC 28586 RE: CAMA VIOLATION #05-39C Dear Mr. Anderson: This letter is in reference to the Notice of Violation dated October 17, 2005, that Mr. Mark Hardeman, Field Representative for the Division of Coastal Management, issued to you for grading, filling, and installation of a boat ramp at 7725 River Road, Craven County. The violation involved the Estuarine horeline, Estuarine Waters, and Public Trust Area, which are Areas of Environmental Concern designs ed by the Coastal Resources Commission. Because the development is consistent with current rules a d guidelines of the Coastal Resources Commission, no restoration of the affected resources was requeste . The Coastal Area Management Act provides that a civil assessment of up to $2,500 may t le assessed for any violation of this type. It is the policy of the Coastal Resources Commission to assess c civil penalty for all violations in order to recover some of the costs of investigating violations and/or to COMPE nsate the public for any damage to its natural resources. Please be reminded that you were previously appris d by another DCM Field Representative, Mr. Stephen Lane, that a permit would be required for this activity. A Iditionally, you were served a "Stop Work Order" from this Division by the Craven County Sheriff Department on Dr about September 08, 2005. Pursuant to the North Carolina Administrative Code, Title 15A, Subchapter 7J .0409(f)(4)(E)(i), the amount of the civil assessment proposed against you will reflect your refusal to comply with the permit requirements of the Coastal Area Management Act (CAMA) and your refusal to discontinu development when you were ordered to do so. Under the rules of the Coastal Resource Commission, a proposed civil penalty in the mount of $700.00 is ss appropriate for this violation. You may expeditiously resolve this matter prior to the asseent of a formal civil penalty by accepting responsibility for the violation and paying the amount proposed abc . In orderto 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 i the enclosed, self- addressed envelope within ten (10) days of your receipt of this letter. Upon deposit f your check in the Department's account, you will receive a Notice of Compliance officially closing this nforcement action. 400 Commerce Ave., Morehead City, North Carolina 28557 Phone: 252-808-2808 \ FAX: 252-247-3330•\ intemet: www.nccoastalman An Equal Opportunity \ Affirmative Action Employer — 50% Recycled \ 10% Post Consumer a Mr. Johnny Ray Anderson October 20, 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, Tere Barrett, District Manager Division of Coastal Management tjb Enclosures cc: Ted Tyndall, Assistant Director, DCM Roy Brownlow, Compliance Coordinator, DCM Mark Hardeman, Coastal Management Representative, DCM 400 Commerce Ave., Morehead City, North Carolina 28557 Phone: 252-808-2808 \ FAX: 252-247.3330 \ Intemet: www.nccoastalmanagement.net An Equal Opportunity 1 Affirmative Action Employer— 50% Recycled \ 10% Post Consumer Paper C, ■ 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: Johnny Ray Anderson 7825 River Road Vanceboro, NC 28586 A. B. Received'by (Prints Name) C. Data of Delivery v o D. Is delivery address different from Item 17 Yes If YES, enter delivery address below: ❑ No 3. Service Type ❑ Certified Mall ❑ Express Mall ❑ Registered ❑ Retum Receipt for Merchandise ❑ Insured Mail 0 C.O.D. 4. Restricted Deliver)? (Exha Fee) ❑ Yss 2. Article Number (transfer from service iebep 7005 1160 0003 1594 1960 PS Form 3811, February 2004 Domestic Return Receipt tOPLebeb#F1e/0 UNITED STATES, POSTAL SERVICE ors' Mail I I I Pe INo. G-10 Postage& Fees Paid • 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 mmmnnrmMIMMMnnmmFFmnr UNITED STATES POSTAL SERVICE I I I II I Perms lass e & F 10 Paid • Sender: Please print your name, address, and ZIP+4 in this box N.C. c ID m a rt— C)CD K N O Id s Division of Coastal Management 400 Commerce Avenue Morehead City, N.C. 28557 808-2808 NUMF ■ 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. Article Addressed to: Mr. Johnny Ray Anderson 7825 River Road Vanceboro, NC 28586 6ft-m B. Received by (Pointed Na o . Date f lively r _v D. Is delivery address different from Item 17 ❑ Yes If YES, enter delivery address below: ❑ No 3. Service Type ❑ Certified Mail 0 Express Mail ❑ Registered ❑ Return Receipt for Merchandise ❑ Insured Mail 0 C.O.D.. 4. Restricted Delivery? gxha Feel ❑ Yes 2. Article Number 7005 1160 0003' 1594 2004 (rmnsfer from service label) PS Form 3811, February 2004 Domestic Return Receipt 1025es-o2M-1sw Mr.johnny Ray Anderson October 20, 2005 'Page 3 of 3 CAMA VIOLATION #05-39C Mr. Johnny Ray Anderson AGREEMENT TO PAY PROPOSED CIVIL ASSESSMENT I understand that the staff of the Department of Environment and Natural Resources assessment of a civil penalty in the amount of $700.00 against me for violation of Management Act, NCGS 113A-100 et sec, committed on or near my property at 7725 River in Craven County, North Carolina. In order to resolve this matter with no further action or exl accept responsibility for the violation as described in the Notice of Violation letter dated Oct agree to pay the proposed civil assessment of $700.00. DATE SIGNATURE ADDRESS TELEPHONE NU 400 Commerce Ave., Morehead City, North Carolina 28557 Phone: 252-808-2808 \ FAX: 252-247-3330 \ Internet: www.nccoastalma will propose the neCoastal Area toad, Vanceboro, ense on my part, I ber 17, 2005, and An Equal Opportunity \ Affirmative Action Employer— 50% Recycled 110% Post Consumer DCM ENFORCEMENT TRACKING REPORT � Field Rep. A4 W a a't\. Issuer Violation Base No. LPO ! (� A C D Violated Permit No. LPI�t )Qp 0A ifrnnPe�ame) v Violation Description Was activity pe/Irmittable? Yes No Initial Discovery Date dCi 5 , �b5 Discovery Method (20 j lea -1fJ C.o M tDQT �IAJI Violation Description [XC4V a4e—d Q�d fi ��ed -ror- c, ,boea:t ra.wy W/ ADLJ1 a mr Respondent Information Prior Violations in same AEC: Yes / No Case Number G5 390 -M Respondent Name(s) , 0} A1A/Y)ZAy 4AJ0'C15&A% 4andowner Agent/Contractor) Address 7g 5 (�t tre..r Rd . City VGi,VCe bo rp State /U C Zip ';� 8556, Phone # Fax # Email Violation Type: Project Type: Authorizations Required: Site Visits Respondent Site Visits Respondent No Permit Private Community Major CAM Present Present Permit Condition Govt./Public Minor &F oc-�5/2005 �O Expired Permit Commercial General Inconsistent wl Rules Violation Location and Site Description Rover File Project Location: County C R/QVC— Shoreline Length i %LY Street Address/ State Road/ Lot #(s) SAV: Not Sure Yes 6 % /s/ 5 -Rl V2r Ra/ Sandbags: Not Sure Yes ,� Subdivision PNA: Yes ©o Adjacent City Vn&ze bero Zip 395g4 ORW: Hat. Yes Yes 9 AdjacentCrit. Phone # (252) 211LI I ZIV River Basin Neuse Photos Q No Adj. Wtr. Body Net�se XtdQ� na[ man /unkn) Waiver Required Yes ®o Closest Maj. Wtr. Body / V C ✓ e )CI e✓ In DWO Buffer Area No Restoration NOV Date OL/ l , 1'7/ :20,05 Initial Req. Comp. Date CNOV Date Date Comp. Observed Penalty Assessment Sent to Respondent Date App./Permit Fee Rcvd. by Dist. Mgr. Date Penalty Assessment Extended Yes No Willful/Intent. Continuing Other Extension Granted Yes No Restoration Letter Acceptance Date 710409 Ref. Recomm. Assess. DCM Assess. $ aZ50 UB s (4961r)(4) $!D6'oo $ -*60(400) $ 350 $ S S S S Total 700 06- Formal Assessments, Appeals and Reductions Date Long Form Submitted Date Formal CPA Submitted Final Assessment $ Date Attorney General's Office for Injunction or Formal Collection Assessment Appealed Yes No Penalty modified Date sent to AG Respondent not responsive to penalty/NOV Injunction to complete restoration Date Collection Let. Sent Date Demand Let. Sent Violation Activities and Impacts AECs Affected: Wetlands Impacted? Yes 1 �° If yes, which types: CW EW PT ES PTS OEA HHF IH SA DS CJ SY 1R LS TY SS SC SP 404 PWS: FC: Other: Restoration Required by the Respondent Yes / No Dimensions in excess Dimensions to restore of permit/ unauthorized activities Development Activities Habitat Description TEel 1*Y1 Closing Final dimensions Actually restored allowed Payment Received $ Date Date Case Closed �T77 Craven County GIS �+ r COUNTY HOME GIS HOME MAPS OOINNLOADS JOB. I kx 0 i !X t: 1 7725 River Rd, Craven Con Craven County o,,; A warrant the information shown on this map and should be used only for tax .c;sment purpose Schools Geodetic Monuments NRoad Centerlines n Phooks Railroad Parcels 2A Ort ho Phot oirpns ■ Water CRAVEN COUNTY NORTH CAROLINA 0 m 418 tl SELECTED PARCEL ID: 1-064 -015 October 16, 2005 11:54:26 AM ow SALES BUILDINGS INFO PARCEL ID: 1-064 -015 Owner: ANDERSON, JOHNNY RAY 7825 RIVER RD Mailing Address: VANCEBORO NC 28586 Address of Property: 7725 RIVER RD Property Description: NEUSE RIVER Assessed Acreage: 12.060 Calculated Acreage: Deed Book Page: 2329 0606 Deed Recording Date (m d y): Recorded Survey: — Land Value: Total Improvemengs) Value: $0 Total Value: Number of Improvements: 0 Tax Exempt (YES/NO): City Name: Fire District: Drainage District: Lot Description: Special District: Land Use: Craven County does NOT warrant the information shown on this page and should be used ONLY for tax assessment purposes. October 18, 2005 2:45:06 PM 12.029 722005 $19,740 $19,740 NO Township 1 Ag - Mkt Acre w/principally ro 0344OV-05 NC DIVISION OF COASTAL MANAGEMENT ENFORCEMENT RECORD CASE NUMBER LAST NAME FIRST NAME BUSINESS NAME: 05-39C JANDERSON JOHNNYRAY -i CASE IS CLOSED Previous Violations in Same AEC for Similar Activities NOV DATE CLOSURE DATE Elapsed Days AFFLILIATION SECTOR 70/7712005 � r— 1PROPERTY OWNER PRIVATE MAILING ADDRESS CITY STATE ZIP CODE PHONE NUMBER 7825 RIVER ROAD IVANCESORO NC 28586- (252) 244-1214 PROPERTY ADDRESS COMMUNITY WATERBODY NEAREST ROAD 7725 RIVER ROAD VANCEBORO INEUSE RIVER I — DISTRICT OFFICE COUNTY DCM REPRESENTATIVE LPO CONTACT MHCDO CRAVEN HARDEMAN CW � EW L] PTA [VI ES PTS VIOLATION TYPE MAJOR CAMA plus DREDGE AND FILL !� OEA IJ HHFA ! IHA ❑ PWS NCRA NATURE OF VIOLATION AEC DESCRIPTION authorized major development and violation of the State's dredge and fill law by engaging in land disturbing :ivities and filling shallow bottom within the EW, PTA, ES AECs adjacent to and within the Neuse River. RESTORATION REQUEST DATE COMPLETION DATE RESTORATION NOT REQUIRED - CONTRACTOR RESTORATION EXTENDED RESTORE DATE I- J DEADLINE '_JI, RESTORATION NOT REQUIRED - PERMITTABLE DEVELOPMENT EXTENDED RESTORATION NOT REQUIRED - FURTHER IMPACTS REFERRED TO AG'S OFFICE - INJUNCTION INJUNCTION DATE:I RESTORATION PENDING REFERRED TO AG'S OFFICE - COLLECTION COLLECTION REQUEST DATE: F_ — ASSESSMENT DATE PENALTY AMOUNT COLLECTION DATE AMOUNT COLLECTED 10/20/2005 $700 F— I U PENALTY ISSUED 1%/411 WILLFUL & INTENTIONAL PENALTY MIN. OR DOUBLED) r' PENALTY NOT ISSUED -1 CNOV ISSUED CNOV DATE [ CONRACTOR'S FIRST OFFENSE PENALTY APPEALED APPEAL DATE 'FORMAL CPA ISSUED F—FORMAL CPA DATE SETTLED. AGREED UPON. STIPULATED PENALTY F SETTLEMENT DATE UNCOLLECTIBLE PENALTY r—UNCOLLECTIBLE DETERMINATION DATE Violations Involving Adversely Impacted Resources AMOUNT OF ADVERSELY DISTURBED AREA (SQ. FT.) F— AMOUNT OF RESTORED AREA (SO. FT) NOTES 03-Jar 06 NC DIVISION OF COASTAL MANAGEMENT ENFORCEMENT RECORD [CASE, STATUSI CASE NUMBER LAST NAME FIRST NAME BUSINESS NAME. i CASE IS OPEN I 7739C JANDERSON JOHNNY RAY �• CASE IS CLOSED I Previous Violations in Same ❑ NOV DATE CLOSURE DATE Elapsed Days AFFLILIATION SECTOR AEC for Similar Activities i071712005 +T, r— 1PROPERTY OWNER PRIVATE MAILING ADDRESS CITY STATE ZIP CODE PHONE NUMBER 7825 RIVER ROAD VANCEBORO NC 28586- (252) 244-1214 PROPERTY ADDRESS COMMUNITY WATERBODY NEAREST ROAD 7725 RIVER ROAD IVANCEBORO INEUSE RIVER F— DISTRICT OFFICE COUNTY DCM REPRESENTATIVE LPO CONTACT MHCDO CRAVEN 1HARDEMAN VIOLATION TYPE rAFFECTEDAEC(S) ❑ CW © EW © PTA ✓❑ ES ❑ PTS MAJOR CAMA plus DREDGE AND FILL ❑ OEA ❑ HHFA ❑ IHA ❑ PWS ❑ NCRA NATURE OF VIOLATION AEC DESCRIPTION Unauthorized major development and violation of the State's dredge and fill law by engaging in land disturbing activities and filling shallow bottom within the EW, PTA, ES AECs adjacent to and within the Neuse River. RESTORATION STATU J L.1 RESTORATION REQUIRED -', RESTORATION NOT REQUIRED- CONTRACTOR 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: F— PENALTY STATUS ASSESSMENT DATE PENALTY AMOUNT COLLECTION DATE AMOUNT COLLECTED 10/20/2005 $200 12113/2005 $200 I PENALTYISSUED © WILLFUL &INTENTIONAL PENALTY (MIN. OR DOUBLED) ❑ PENALTY NOT ISSUED ❑ CNOV ISSUED F—CNOV DATE LCONRACTOR'S FIRST OFFENSE ❑ PENALTY APPEALED APPEAL DATE ❑ FORMAL CPA ISSUED r FORMAL CPA DATE ❑ SETTLED. AGREED UPON, STIPULATED PENALTY F-SETTLEMENT DATE ❑ UNCOLLECTIBLE PENALTY 1 UNCOLLECTIBLE DETERMINATION DATE Violations Involving Adversely Impacted Resources AMOUNT OF ADVERSELY DISTURBED AREA (SQ. FT.) AMOUNT OF RESTORED AREA (SQ. FT) NOTES