05-29C Gorske

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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
March 6, 2006
Mr. Joseph Gorske
150 Oak Lane
Williston, NC 28589
,iLSB r
TB..
RE: Payment of Proposed Penalty for Violations of the Coastal Area Management Act,
Committed in Carteret County
CAMA Violation #05-29C
Dear Mr. Gorske:
This letter will acknowledge receipt of your money order #06898997, in the amount of $700.00,
and dated March 3, 2006, Once the amount of the check is credited to the Department of
Environment and Natural Resources' account, this matter will be fully and completely closed.
If you have any further questions concerning this matter, please contact me at my Morehead City
office, [phone].
Sincerely,
Tere Barrett
District Manager
TB/lsb
cc: Roy Brownlow, Compliance Coordinator
Ted Tyndall, Asst. Director
Mark Hardeman, Coastal Management Rep.
Henry Wicker, COE
400 Commerce Avenue, Morehead City, North Carolina 28557
Phone: [phone] \ FAX: [phone] \ Intemet: www.nocoastaimanagement.net
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Mr. Joseph Gorske
February 28, 2006
Page 3 of 3
CAMA VIOLATION #05.29C
JOSEPH GORSKE
AGREEMENT TO PAY PROPOSED CIVIL ASSESSMENT
I understand that the staff of the Department of Environment and Natural Resources will propose the
assessment of a civil penalty in the amount of $700.00 against me for violation of the Coastal Area
Management Act, NCGS 113A-100 et sec , committed on or near 150 Oak Lane, adjacent to Williston Creek in
Williston, Carteret 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 8/08/05, and
agree to pay the proposed civil assessment of $700.00.
DA E SId4ATdRE
ADDRESS
,lAV41
W z�
TELEPHONE NUMBER
400 Commerce Avenue, Morehead City, North Carolina 28557
Phone: [phone] FAX: [phone] Internet: www.nccoastaimanagelment.net
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DCM ENFORCEMENT TRACKING REPORT
Issuer
`� Field Rep. 6hM),Nr Violation Base No.
A 8 C D
LPO
Violated Permit No.
LP) (if applicable)
Violation Description Was activity permittable? Yes
Initial Discovery Date 4a,
a 3" 20a5 Discovery Method
Violation Description J)p/QViY,crr 1444 ?—xcAVa-47&, . a, -,A �i'11
10 CoaS+aI We-f (Cw� Q^^a 654v2r,,,,6 04AM-P,
Respondent Information r/� Prior Violations in same AEC es No Case Number 05 v?9G-D1
RespondentName(s) fOS�jA6or6ke (Landowner/Agent/Contractor)
Address 15D Ocz/4- rr(c.i..e. City t4),W? State Zip gjrQ9
Phone #
Fax #
Email
Violation Type: Project Type:
Authorizations Required:
Site Visits Respondent
Site Visits
Respondent
No Permit PrivatelCommunit
ajor
%�u� 3 prase a
5 ys
Present
Permit Condition Govt./Public
Minor &
Expired Permit Commercial
General
Inconsistent w/ Rules
Violation Location and Site Description
L,11 170 4
'��"" lG�
County
Rover File
�
Project Location: eflor -Pc
Shoreline Length i 154)
Street Address/ State Road/ Lot #(s)
SAV: Not Sure
Yes (!.Ob
%rj d QQ k LO nJe—
Sandbags: Not Sure
Yes I
PNA:
-(5>510
Adjacent
Subdivision
City A,), ZIP 2 YSW
ORW:
Hab.
Yes No
Yes
Adjacen
Phone # ( ) River -Basin WA' OalL
Crit.
Photos
40 No
Adj. Wtr. Body u)/
an /unkn)
Waiver Required
In DWO Buffer Area
Yes
Yes
Closest Maj. Wtr. Body eorie— SDuAsj0
Restoration
[ � 20d5 Extension Granted Yes No
phi
NOV Date Av? 1T, 2�05 Initial Req. Comp. Date tI % Restoration Letter %f , 2lsz, S
CNOV Date Date Comp. Observed 41 1-bbG Acceptance DatFe6
i
Penalty Assessment oZ7J.0409 Ref. Recomm. Assess CM Assess.
Sent to Respondent Date '�X��,// l �tl/
Rcvd. by Dist. Mgr. Date
Assessment Extended Yes No
App./Permit Fee N) (B) I
Penalty
Willful/Intent.
Continuing
Other
(49 AiV
Total

Formal Assessments, Appeals and Reductions
Date Long Form Submitted Assessment Appealed Yes No
Date Formal CPA Submitted
Penalty modified
Final Assessment $ Date
Attorney General's Office for Injunction or Formal Collection
Date sent to AG Respondent not responsive to penalty/NOV Injunction to complete restoration
Date Collection Let. Sent Date Demand Let. Sent
Violation Activities and Impacts
AECs Affected;
0 ES PTS
EA HHF IH
PWS: FC:
Other:
Restoration Required by the Respondent es No
Wetlands Impacted? es / No
SA DS 0 SY
SS SC SP 404
Dimensions in excess Dimensions to restore
of permit/ unauthorized activities
Development Activities I
/6 X 36 eX 4)
SY ea vats x /
Habitat Description 6 161AI y p
If yes, which types:
LS TY
i
Final dimensions Actually restored
allowed
/a k / 5
NOTES:
Closing
Payment Received $
Date
Date Case Closed

North Carolina
Michael F. Easley, Governor
Joseph Gorske
150 Oak Lane
Williston, NC 28589
NCDENR
Department of Environment and Natural Resources
Division of Coastal Management
Charles S. Jones, Director William G. Ross Jr., Secretary
February 27, 2006 LSB 19LP-B
TB 0-FRB
MTT
RE: RESTORATION ACCEPTANCE — CAMA VIOLATION #05.29C
Dear Mr. Gorske:
This letter is in reference to the Notice of Violation # 05-29C sent to you dated August 8, 2005 for the
unauthorized excavation of a boat ramp within the Coastal Wetlands, Estuarine Shoreline, and Estuarine
Waters AEC's in or near Williston Creek. The violation took place on your property located at 150 Oak Lane
off of Hwy 70 in or near the Town of Williston in Carteret County, North Carolina. This unauthorized activity
constituted development and you were requested to restore the area to its 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 January 6, 2006 to inspect the restoration of the
unauthorized activity addressed in the Notice of Violation #05-29C. 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 [phone].
Sincerely,
Mark Hardeman
Coastal Management Representative
Cc: Ted Tyndall, Assistant Director, DCM
Tere Barrett, District Manager, DCM
Roy Brownlow, Compliance Coordinator, DCM
Henry Wicker, USACE
400 Commerce Avenue, Morehead City, North Carolina 28557
Phone: [phone] \ FAX: [phone] \ Internet: www.nccoastalmanagement.net
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DCM ENFORCEMENT TRACKING REPORT
/VI4e� l ��, ��n1 iN Issuer
Field Rep. / 1 <7�7t Violation Base No.
A B C D
LIDO
Violated Permit No. _
LPJ (if applicable)
Violation Description Was activity permittable? Yes /
Initial Discovery Date 41, 3" S065 Discovery Method
Violation Description MvgLdj6 r) zed. 2y(Gctvq o ti. cw•d �; `r•(
10 c:oQs+al Oe-4(4X,. �•�( Esk2rl�.e. it.7 S
Respondent Information Prior Violations in same AEC es No Case NumberDrj o7�j�-01
Respondent Name(s) �p$��j �o r5� e / (Landowner/Agent/Contractor)
Address /59 pc,— Je— //( C,,e city it), STOh State /'Ii� Zip g5Q9
Phone # Fax #
Email
Violation Type:
Project Type:
Authorizations Required:
Site Visits Respondent Site Visits Respondent
No Permit
rivate/C ommumt
alor
f}u4 3 5res�e(� Present
/ / S
Permit Condition
Govt./Public
Minor &
Expired Permit
Commercial
General
Inconsistent wl Rules
Violation Location and Site Description
Project Location: County L4i9AkrGf
Street Address/ State Road/ Lot #(s)
/F0 04k 4-12.tle
Subdivision
City ZV . '/1i5 ZIP 2 Y599
Phone # ( ) River Basin WA • 44)L
Adj. Wtr. Body uJlOAW-k at / an /unkn)
Closest Maj, Wtr. Body e,*re—S6u u C0
Restoration
NOV Date AV? :V, 2405
CNOV Date
Penalty Assessment
Sent to Respondent Date
Rcvd. by Dist. Mgr. Date
Assessment Extended Yes No
Rover File
i
Shoreline Length /5%J
SAV:
Not Sure Yes <Erb
Sandbags:
Not Sure
PNA:
�Yes l'_/ iliift Adjacent
ORW:
Yas No Atljacen
Crit. Hab.
Yes
Photos � No
Waiver Required Yes
In DWQ Buffer Area Yes
Initial Req. Comp. Date �P�r 20 95
Date Comp. Observed /
71.0409 Ref.
App./Permit Fee (y) (B) i
Penalty
Willful/Intent.
Continuing
Other
Mr-QiV
Total
Extension Granted Yes No
Restoration Letter
Acceptance Date
Recomm. Assess. DCM Assess.
s 1256 S
$ / D!i S
$ .950 s
$ S
$ S
- (J

Formal Assessments, Appeals and Reductions
Date Long Form Submitted Assessment Appealed Yes No
Date Formal CPA Submitted
Penalty modified
Final Assessment $ Date
Attorney General's Office for Injunction or Formal Collection
Date sent to AG Respondent not responsive to penalty/NOV Injunction to complete restoration
Date Collection Let. Sent Date Demand Let. Sent
Violation Activities and Impacts
AECs Affected: OE TA ES PTS
A HHF IH
PWS: FC:
Other:
Restoration Required by the Respondent es No
Wetlands Impacted? Yes / No
SA DS ci SY
SS SC SP 404
Dimensions in excess Dimensions to restore
of permit/ unauthorized activities
Development Activities �, ?l� ek h�
K/
Habitat Description
NOTES:
Closing
Payment Received $
Date
i
Final dimensions
allowed
Date Case Closed
If yes, which types:
LS TY
Actually restored

FUNCTION=> C -DCM ENFORCEMENT PRIMARY VIOLATOR INFORMATION---RRD210
CASE: 040050C PERMIT #: CONSULTANT: HARDEMAN
NAME: GORSKE, JOSEPH ADDR: P.O. BOX 757
CITY: WILLISTON STATE: NC ZIP: 28589 PHONE: [phone]
CNTY: CARTERET NEAREST WATER BODY: WILLISTON CREEK ST PLANE X:
LPO : SMITH, LARRY LOCALITY: 150 OAK LANE ST PLANE Y:
VIO DESC: LAND DISTURBING ACTUALLY ON HG ADJ. TO MARSH & WILLISTON CRK-MARSH FI
: LL & EW FILL OF CANAL
NOV SENT: 1129 04 VIOLATION: MAJOR: Y MINOR: PERM COND: CAMA: Y D&F: Y
RESTORE:Y REQUESTED: 123104 COMPLETED: 03 18 05
ESTUARY: Y PUB TRST: Y SHORELINE: Y OCEANHZ: OTHER: PRI NURS: ORW:
WETLANDS: Y SA: Y DS: CJ: SY: JR: Y 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: 00350 REFERENCES: F4BI CRITERIA:
REPORT RCVD: ASSESSED: 350 TO OGC: 01 01 01 TO VIOLATOR: 04 25 05
PAY REC: 350 ON: 04 28 05 CASE CLOSED: 04 29 05
# VIOLATORS: 1 TOTAL ASSESSMENT: 350 TOTRECEIVED: 350
MESSAGE: ENTER DATA YOU WISH TO CHANGE
PFI=HELP PF2=MAINMENU PF3=ENFORCEMENTMENU PF4=PREV SCREEN PFS=VIOLATOR

00
F4V.AA
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
February 28, 2006
CERTIFIED MAIL TBB P--A RB
RETURN RECEIPT REQUESTED MTT - A/RB
Mr. Joseph Gorske
150 Oak Lane
Morehead City, NC 28557
RE. CAMA VIOLATION #05-29C
Dear Mr. Gorske:
This letter is in reference to the Notice of Violation dated 8/08/05 that Mark Hardeman, Coastal Management
Representative for the Division of Coastal Management, issued to you for the unauthorized excavation of a boat
ramp at 150 Oak Lane within and adjacent to Williston Creek in Williston, Carteret County. The violation
involved the Estuarine Waters, Estuarine Shoreline, 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.
Under the rules of the Coastal Resource Commission, a proposed civil penalty in the amount of $700.00 is
appropriate for this violation. You may expeditiously resolve this matter prior to the assessment of a formal civil
penalty by accepting responsibility for the violation and paying the amount proposed above. In order to do this,
you must: (1) sign one of the attached copies of an "Agreement to Pay Civil Assessment;" (2) attach a check or
money order for $700.00 made payable to the North Carolina Department of Environment and Natural
Resources (NCDENR); and (3) return the signed agreement and payment to this office in the enclosed, self-
addressed envelope within ten (10) days of your receipt of this letter. Upon deposit of your check in the
Department's account, you will receive a Notice of Compliance officially closing this enforcement action. 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.
400 Commerce Avenue, Morehead City, North Carolina 28557
Phone: [phone] FAX: [phone] Internet: www.nccoastalmanagement.net
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Mr. Joseph Gorske
February 28, 2006
Page 2 of 3
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 [phone],
Sincerely,
Tere Barrett, District Manager, MHC
Division of Coastal Management
Enclosures
cc'. Ted Tyndall, Assistant Director, DCM
Roy Brownlow, Compliance Coordinator, DCM
Mark Hardeman, Coastal Management Representative, DCM
Henry Wicker, USACE
400 Commerce Avenue, Morehead City, North Carolina 28557
Phone: [phone] FAX: [phone] Internet: www.nccoastaimanagement.net
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UNITED STATES POSTAL SERVICE
II II IFirst-Class Mail
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USPerPS o.G-tGFaid
• 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
coos I�Illllllilll�llll�l�lll�l��ll��l��ll�l�l���llll���ll,����ll�l

■ Complete items 1, 2, and 3. Also complete
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■ Print your name and address on the reverse
so that we can return the card to you.
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or od the front If space permits.
1 1. Article Addressed to:
JOSEPH GORSKE
150 OAK LANE
WILLISTON, NC 28589
A. Signature
Qrelvery
d nee ❑ Agent
ewe TOG (a m-5 h` S- 3 �t l
D. Is delNAy address different from Item 11 ❑ Yea
M YES, enter delivery address below: ❑ No
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(Rensrer from service leDe1) _ -
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Ps Form 3811, February 2004 Domestic Retum Receipt tM595 02-M-1sa0

„ Mr. Joseph Gorske
February 28, 2006
Page 3 of 3
CAMA VIOLATION #05.29C
JOSEPH GORSKE
AGREEMENT TO PAY PROPOSED CIVIL ASSESSMENT
I understand that the staff of the Department of Environment and Natural Resources will propose the
assessment of a civil penalty in the amount of $700.00 against me for violation of the Coastal Area
ManagementAct, NCGS 113A-100 et sec, committed on or near 150 Oak Lane, adjacent to Williston Creek in
Williston, Carteret 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 8/08/05, and
agree to pay the proposed civil assessment of $700.00.
DATE
SIGNATURE
ADDRESS
TELEPHONE NUMBER
400 Commerce Avenue, Morehead City, North Carolina 28557
Phone: [phone] FAX: [phone] Internet: www.nccoastalmanagement.net
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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
NOTICE OF VIOLATION
August 8, 2005
CERTIFIED MAIL
RETURN RECEIPT REQUESTED
Joseph Gorske
150 Oak Lane
Williston, NC 28589
RE: NOTICE OF VIOLATION AND REQUEST TO CEASE UNAUTHORIZED DEVELOPMENT
CAMA VIOLATION #05-29C
Dear Mr. Gorske:
This letter confirms that on August 3, 2005, you and I were onsite at your property located at 150 Oak Lane
adjacent to Williston Creek, which is contiguous with Jarrett Bay located in or near Williston, off Highway
70, Carteret County, North Carolina. The purpose of the visit was to investigate unauthorized development
including filling and land disturbing activity within Williston Creek.
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-118.
I have information that indicates you have undertaken or are legally responsible for unauthorized
excavation and filling on the aforementioned property. The activity involved the excavation of a 30' x 16'
area for a boat ramp. An 8' x 16' area of Coastal Marsh consisting mainly of Black Needlerush was
removed within the ramp area. The excavated spoils were placed to the east adjacent to the ramp and in
Coastal Wetlands (10' x 16). This activity took place in Coastal Wetlands, Estuarine Shoreline, and
Estuarine Waters that are contiguous with Williston Creek. Coastal Wetlands, Estuarine Shoreline, and
Estuarine Waters 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
400 Commerce Avenue, Morehead City, North Carolina 28557
Phone: [phone] FAX: [phone] Internet: www.nccoastalmanagement.net
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Joseph Gorske
August 8, 2005
Page 2 of 4
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.
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 lakes pursuant to N.C.G.S. 1113-229. 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 the North Carolina Administrative Code, Title 15A, Subchapter 07H. State Guidelines for Areas
of Environmental Concern, the activity you have undertaken, unauthorized excavation and filling in the
Coastal Wetland, Estuarine Shoreline, and Estuarine Waters AECs, is not consistent with Section 7H
.0205, .0206, .0207, and .0208 of the Coastal Resource Commission's rules. Therefore, I am requesting
that all fill be removed from the Coastal Wetlands and that all disturbed areas within 30'-of the NHW line be
stabilized with sufficient ground cover and silt fencing to prevent erosion. The fill material must be placed in
an approved high ground location such as the area you used previously that is southeast of your house.
The enclosed Restoration Plan describes the action necessary to bring this project into compliance with the
Act. 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 [phone]. 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 permit(s) and/or development that is inconsistent with Coastal Resources Commission rules.
400 Commerce Avenue, Morehead City, North Carolina 28557
Phone: [phone] FAX: [phone] Internet: www.nccoastalmanag6ment.net
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N.C. Division of Coastal Management
400 Commerce Avenue
Morehead City, N.C. 28557
808-2808
immnnn mammmn�nip mo

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Joseph Gorske
August 8, 2005
Page 3 of 4
Sincerely,
Mark Hardeman
Coastal Management Representative
Cc: Ted Tyndall, Assistant Director, DCM
Tere Barrett, District Manager, DCM
Roy Brownlow, Compliance Coordinator, DCM
Henry Wicker, USACE
Noel Lutheran, DWQ
ENCLOSURE
400 Commerce Avenue, Morehead City, North Carolina 2855*1
Phone: [phone] \ FAX: [phone] \ Internet: www.nccoastalmanagement.net
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Joseph Gorske
August 8, 2005
Page 4 of 4
RPL
5
Spoil Area
RESTORATION PLAN
For
Joseph Gorske Property
CAMA Violation No. 05-29C
Property located at 150 Oak Lane, Carteret County
Williston Creek
Filled Area
(10' x 15')
16'
107 /
11 30'
Excavated area
(16' x 30')
150 Oak Lane
Marsh
I, Joseph Gorske, agree to remove all fill from the wetlands and stabilized the excavated area with a plant
covering along with silt fencing to prevent further erosion. No further disturbance will be allowed below the
NHW line, as the excavation appears to be filling naturally.
1 agree to complete this restoration to the satisfaction of the Division of Coastal Management (DCM) by September 8,
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:
It is the policy of the Coastal Resources Commission to levy a minimum civil assessment $350.00 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: [phone] FAX: [phone] Internet: www.nccoastalmanagement.net
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AURA
NCDENR
North Carolina Department of Environment and Natural Resources
Division of Coastal Management
Michael F. Easley, Governor Charles S. Jones, Director William G. Ross Jr., Secretary
NOTICE OF VIOLATION
August 8, 2005
CERTIFIED MAIL
RETURN RECEIPT REQUESTED
Joseph Gorske
150 Oak Lane
Williston, NC 28589
RE: NOTICE OF VIOLATION AND REQUEST TO CEASE UNAUTHORIZED DEVELOPMENT
CAMA VIOLATION #05-29C
Dear Mr. Gorske:
This letter confirms that on August 3, 2005, you and I were onsite at your property located at 150 Oak Lane
adjacent to Williston Creek, which is contiguous with Jarrett Bay located in or near Williston, off Highway
70, Carteret County, North Carolina. The purpose of the visit was to investigate unauthorized development
including filling and land disturbing activity within Williston Creek.
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-118,
I have information that indicates you have undertaken or are legally responsible for unauthorized
excavation and filling on the aforementioned property. The activity involved the excavation of a 30' x 16'
area for a boat ramp. An 8' x 16' area of Coastal Marsh consisting mainly of Black Needlerush was
removed within the ramp area. The excavated spoils were placed to the east adjacent to the ramp and in
Coastal Wetlands (10' x 16). This activity took place in Coastal Wetlands, Estuarine Shoreline, and
Estuarine Waters that are contiguous with Williston Creek. Coastal Wetlands, Estuarine Shoreline, and
Estuarine Waters 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
400 Commerce Avenue, Morehead City, North Carolina 28557
Phone: [phone] FAX: [phone] Internet: www.necoastalmanagement.net
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Joseph Gorske
August 8, 2005
Page 2 of 4
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.
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 lakes 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 the North Carolina Administrative Code, Title 15A, Subchapter 07H. State Guidelines for Areas
of Environmental Concern, the activity you have undertaken, unauthorized excavation and filling in the
Coastal Wetland, Estuarine Shoreline, and Estuarine Waters AECs, is not consistent with Section 7H
.0205, .0206, .0207, and .0208 of the Coastal Resource Commission's rules. Therefore, I am requesting
that all fill be removed from the Coastal Wetlands and that all disturbed areas within 30' of the NHW line be
stabilized with sufficient ground cover and silt fencing to prevent erosion. The fill material must be placed in
an approved high ground location such as the area you used previously that is southeast of your house.
The enclosed Restoration Plan describes the action necessary to bring this project into compliance with the
Act. 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 [phone]. 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 permit(s) and/or development that is inconsistent with Coastal Resources Commission rules.
400 Commerce Avenue, Morehead City, North Carolina 28557
Phone: [phone] FAX: [phone] Internet: www.nCGoastaimanagement.net
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Joseph Gorske
August 8, 2005
Page 3 of 4
Sincerely,
Mark Hardeman
Coastal Management Representative
Cc: Ted Tyndall, Assistant Director, DCM
Tere Barrett, District Manager, DCM
Roy Brownlow, Compliance Coordinator, DCM
Henry Wicker, USACE
Noel Lutheran, DWQ
ENCLOSURE
400 Commerce Avenue, Morehead City, North Carolina 28557
Phone: [phone] FAX: [phone] Internet: www.nccoastalmanagement.net
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Joseph Gorske
August 8, 2005
Page 4 of 4
RPL
RESTORATION PLAN
For
Joseph Gorske Property
CAMA Violation No. 05-29C
Property located at 150 Oak Lane, Carteret County
Williston Creek
16'
/
�I /'hull
Filled Area 10V30'
(10' x 15')
Spoil Area Excavated area
(16' x 301) Marsh
150 Oak Lane
I, Joseph Gorske, agree to remove all fill from the wetlands and stabilized the excavated area with a plant
covering along with silt fencing to prevent further erosion. No further disturbance will be allowed below the
NHW line, as the excavation appears to be filling naturally.
I agree to complete this restoration to the satisfaction of the Division of Coastal Management (DCM) by September 8,
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 $350.00 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: [phone] FAX: [phone] Internet: www.nccoastalmanagement.net
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05-May-06 NC DIVISION OF COASTAL MANAGEMENT ENFORCEMENT RECORD
CASE STATUS; CASE NUMBER LAST NAME
FIRST NAME BUSINESS NAME:
0 y -1 05-29C 1GORSIKE JOSEPH
CASE IS CLOSED ' Previous Violations in Same
© NOV DATE CLOSURE DATE Elapsed Days pFFLILIATION SECTOR AEC for Similar Activities
8/8505 I . 210 JPROPERTY OWNER 1PRIVATE
MAILING ADDRESS CITY STATE ZIP CODE PHONE NUMBER
150 OAK LANE IWILLISTON NC 28569- I
PROPERTY ADDRESS COMMUNITY WATERBODY NEAREST ROAD
150 OAK LANE IWILLISTON IWILLISTON CREEK INC 70
DISTRICT OFFICE COUNTY DCM REPRESENTATIVE LPO CONTACT
'MHCDO CARTERET .HARDEMAN I —
VIOLATION TYPE A,FfC7EDAEC(S). ❑/. CW © EW ❑ PTA E/] ES ❑ PTS
MAJOR CAMA plus DREDGE AND FILL ❑ OEA ❑ HHFA ❑ IHA [:1 PWS ❑ NCRA
NATURE OF VIOLATION AEC DESCRIPTION 1PNA, ORW
ionzed major development and violation of the State's Dredge & Fill law by excavating and filling in
within the CW, EW, and ES AECs.
RESTORATION STATUS
❑ RESTORATION NOT REQUIRED- CONTRACTOR
RESTORATION NOT REQUIRED - PERMITTABLE DEVELOPMENT
❑ RESTORATION NOT REQUIRED - FURTHER IMPACTS
❑ RESTORATION PENDING
RESTORATION REQUEST DATE COMPLETION DATE
9/8/2005 1/6/2006
❑ RESTORATION EXTENDED RESTORE DATE
DEADLINE
EXTENDED
❑ REFERRED TO AG-S OFFICE - INJUNCTION
INJUNCTION REFER DATE: ri
❑ REFERRED TO AG•S OFFICE - COLLECTION
COLLECTION REQUEST DATE: I
ASSESSMENT DATE PENALTY AMOUNT COLLECTION DATE AMOUNT COLLECTED
PENALTY Mus]
2/28l2006 1 $700 1 3/6/2006 $700
PENALTY ISSUED
WILLFUL &INTENTIONAL PENALTY (MIN. OR DOUBLED)
❑ PENALTY NOT ISSUED ❑ CNOV ISSUED �CNOV DATE
❑ ❑ CONRACTOR'S FIRST OFFENSE PENALTY APPEALED APPEAL DATE
❑ FORMAL CPA ISSUED F FORMAL CPA DATE
❑ SETTLED. AGREED UPON. STIPULATED PENALTY rSETTLEMENT DATE
❑ UNCOLLECTIBLE PENALTY I UNCOLLECTIBLE DETERMINATION DATE
Violations Involving Adversely Impacted Resources
AMOUNT OF ADVERSELY DISTURBED AREA (SO. FT.) 150
AMOUNT OF RESTORED AREA (SO, FT) 150
NOTES