Loading...
The URL can be used to link to this page
Your browser does not support the video tag.
Home
My WebLink
About
05-10C Bryant
N UWA i 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 S.S.B. Properties, LLC do Mr. Randy Bryant 622 Sea Gate Drive Newport, NC 27455 29 December 2005 Copy. RE: Payment of Proposed Penalty for Violations of the Coastal Area Management Act Carteret County CAMA Violations #05-10C, #05-12C, and#05-47C Dear Mr. Bryant: This letter will acknowledge receipt of your Check #8138, in the amount of $3,000.00 and dated 29 December 2005. This amount includes payment for CAMA Violation case #05-10C in the amount of $1,000.00. #05-12C in the amount of $1,300.00. and #05-47C in the amount of $700.00 for a total of $3,000. Once the amount of the check is credited to the Department of Environment and Natural Resources' account, this matter will be fully and completely dosed. If you have any further questions concerning this matter, please contact me at my Morehead City office, (252)808-2808. Sincerely, Roy Brownlow, Compliance Coordinator for Tere Barrett, District Manager cc: Ted Tyndall, Assistant Director Tere Barrett, District Manager Mark Hardeman, Coastal Management Representative Henry Wicker, USCOE 400 Commerce Avenue, Morehead City, North Carolina 28557 Phone: 252-808-28081FAX: 252-247-33301Internet : www.nccoastalmanagement.net An Equal Opportunity 1 Affirmative Action Employer — 50%Recycled 110%, Post Consumer Paper AM FZ� NCDENR North Carolina Department of Environment and Natural Resources Division of Coastal Management Michael F. Easley, Governor Charles S. Jones, Director William (. Ross Jr., Secretary October 20, 2005 CERTIFIED MAIL RETURN RECEIPT REQUESTED Mr. Randy Bryant 1110 Spartina Drive Beaufort, NC 28516 RE., CAMA VIOLATION #05-10C Dear Mr. Bryant: This letter is in reference to the Notice of Violation dated March 31, 2005 that Mr. Mark Hardeman, Coastal Management Representative for the Division of Coastal Management, issued to you for bulkhead construction and associated backfill at Lot 3, Coral Bay Ridge, Atlantic Beach, Carteret County. The violation involved Estuarine Waters and Coastal Wetlands, which are Areas of Environmental Concern designated by the Coastal Resources Commission. Based upon the site visit conducted on September 01, 2005 by Mr. Hardeman, 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. Please be reminded that you have been issued three (3) prior Notices of Violation for excavating and/or filling within Coastal Wetlands, Estuarine Waters, and Public Trust Areas of Environmental Concern. Pursuant to the North Carolina Administrative Code, Title 15A, subchapter 7J .0409(f)(4)(E)(ii), the amount of the civil assessment proposed against you will reflect the repetitiveness of your noncompliance with the Coastal Area Management Act (CAMA) and the Coastal Resource Commission's rules. Under the rules of the Coastal Resource Commission, a proposed civil penalty in the amount of $1000.00 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 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 $1000.00 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 Ave., 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 140°/%Post Consumer Paper Mr. Randy Bryant 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 ��,,, 4—, -- Tere Barrett, District Manager Division of Coastal Management Enclosures cc: Ted Tyndall, Assistant Director, DCM Roy Brownlow, Compliance Coordinator, DCM Mark Hardeman, Coastal Management Representative, DCM Service: U.S. Postal CERTIFIED MAIL. RECEIPT Coverage Provided) ((Domestic Mail Only; No insurance — _ r_,...__.._._...,e«,... ,malt nor wehsite at wwwmsPs.comru 1 (; 1 A U, I Ir Q F 1 Bin. to 1 C ♦ � Postage $ )O �� l M CeniHed Fee O Postmark C3 Retum Receipt Fee > Here Ej (Endorsement Required) / ,p (Endorsemennt Requlmd) ri rR Total Postage 8 Fees � o rO v r sneer,aa.� Mr. Randy Bryant pi PD ea"" artina Drive --- c y, score; z 1110 Sp Beaufort NC 28516 ,r 400 Commerce Ave., Morehead City, North Carolina 28557 Phone: 252-808-28081 FAX: 252-247-33301 Internet: www.necoastalmanagement.net An Equal Opportunity1 Affirmative Action Employer — 50% Recycled 110% Post Consumer Paper -A Mr. Randy Bryant October 20, 2005 Page 3 of 3 CAMA VIOLATION #05.10C Mr. Randy Bryant AGREEMENT TO PAY PROPOSED CIVIL ASSESSMENT I understand that the staff of the Department of Environment and Natural assessment of a civil penalty in the amount of $1000.00 against me for violation Management Act, NCGS 113A-100 et sec , committed on or near my property Lot 3, Cora Beach in Carteret.County, North Carolina. In order to resolve this matter with no further a my part, I accept responsibility for the violation as described in the Notice of Violation let 2005, and agree.to pay the proposed civil assessment of $1000.00. DATE SIGNATURE ADDRESS TELEPHONE will propose the the Coastal Area Bay Ridge, Atlantic non or expense on trdated March 31, 400 Commerce Ave., Morehead City, North Carolina 28557 Phone: 252-808-2808 \ FAX: 252-247-3330 \ Internet: www.nccoastalmanage Iment.net An Equal Opportunity \ Affirmative Action Employer— 50% Recycled \ 10% Post Consumer Papef OS -16 C l ti� DEPARTMENT OF THE ARMY WILMINGTON DISTRICT, CORPS OF ENGINEERS A PO BOX 1890 WILMINGTON NC 28402-1890 March 24, 2005 Regulatory Division Action ID No. 200500572 and 200500571 Mr. Randy Bryant 1110 Spartina Drive Beaufort, North Carolina 28516 Dear Mr. Bryant: Moreri;:�>, bay uuiw Please reference your March 16, 2005 onsite meeting with Mr. Mickey Sugg of my Regulatory Staff, regarding the unauthorized discharge of fill material, associated with the construction of residential homes and bulkheads, into Section 404 wetlands on Lots 3 and 6, in Coral Bay Ridge Subdivision, on Ocean Ridge Court, off Salter Path Road INC Hwy 58), adjacent to Hoop Pole Creek, in Atlantic Beach, Carteret County, North Carolina. Also in attendance at the meeting were Mr. Scott Graybill, current owner of Lot 6; Mr. Jimmy Powell, your surveyor; Ms. Pam Byrd, realtor with Al Williams Properties; and Messrs. Mark Hardeman and Ryan Davenport of North Carolina Division of Coastal Management (DCM). Also, please reference your March 11, 2005 telephone conversation with Mr. Sugg concerning this issue. During the telephone conversation, you informed Mr. Sugg that you owned and constructed the home and bulkhead on Lot 6 prior to conveying the lot to Mr. Graybill. You also disclosed that you presently own Lot 3, and constructed the current home and bulkhead for listing to sell. Mr. Sugg explained to you that our office has determined that the activity, without authorization by a Department of the Army permit, is a violation of Section 301 of the Clean Water Act. Additionally, through coordination with Mr. Hardeman, it is our understanding that your activity is a violation with the North Carolina Coastal Area Management Act (CAMA). As discussed in the March 16'" onsite meeting, you are directed to cease and desist from any further work in wetlands and to perform the restoration work on Lot 3 as discussed with Mr. Sugg and described in the enclosed restoration map. Restoration includes the removal of the existing northern bulkhead/retaining wall and fill material waterward of the established restoration line depicted by pink pin flags. All fill material must be removed back to original wetlands elevations and deposited on high ground. To reduce the potential of sediment from entering into adjacent waters and wetlands, it is strongly recommended that the fill material be removed and a new bulkhead constructed prior to the extraction of the current bulkhead. During the removal of this retaining wall, you may place fill material within the footprint of the extracted bulkhead if holes/depressions are left as a result of the removal. -2- Other precautions must be taken during the restoration work by installing erosi measures (such as silt fence, ground cover, riprap... ) to prevent sediment from waters and wetlands. All remedial work must be accomplished within 30 days this letter. In regards to Lot 6, it is strongly recommended that you coordinate your re; with Mr. Hardeman of DCM. If the State is requiring the relocation of the bulk] Mr. Graybill's property, please be reminded that erosion control measures must to prevent sediment from entering into adjacent waters and wetlands. It is our p support DCM's decision to remove any fill material and bulkhead out of tidally wetland areas. Lastly, Mr. Sugg expressed his concerns regarding the integrity of the bulkh and 6. Please be aware that the owner is responsible for the maintenance and int authorized structure in wetlands or waters. During the event of any failure of the owner must immediately correct that failure and restore any affected waters or w bulkhead on both lots, you are directed to improve the integrity of the structures, where gaps are present along the bulkhead. Failure to cease and desist from further activity in jurisdictional waters and perform the restoration work may result in the immediate referral of the matter 1 Attorney with a recommendation for civil prosecution. If you have any questions or comments, please contact Mr. Sugg, Field Office, at (910) 251-4811. Copies Furnished (with enclosure): Mr. Mark Hardeman N.C. Division of Coastal Management 400 Commerce Avenue Morehead City, North Carolina 28557-3421 Sincerely, Keith A. Harris, Chief Wilmington Regulatory Field Ms. Donna Turner, Insp Town of Atlantic Beach Post Office Box 10 Atlantic Beach, North C control tering adjacent the receipt of efforts a on implemented Eon to on Lots 3 �ofany -tare, the ds. For the nds and to U.S. Regulatory Department 28512 -3- Copies Furnished (without enclosures): Ms. Noelle Lutheran Division of Water Quality N.C. Department of Environment and Natural Resources 128 Cardinal Drive Extension Wihnington, North Carolina 28405 Ms. Tere Barrett N.C. Division of Coastal Management 400 Commerce Avenue Morehead City, North Carolina 28557-3421 U.S. Attorney Eastern District of North Carolina 310 New Bem Avenue Suite 800, Federal Building Raleigh, North Carolina 27611 Mr. Wallace R. Sherron, Director State Property Section N.C. Department of Administration 116 West Jones Street Raleigh, North Carolina 27603 Mr. Mike Wylie U.S. Environmental Prote Wetlands Section -Region Water Management Divis 61 Forsyth Street, SW Atlanta, Georgia 30303 Mr. Dale Elmore Centre Construction Group 203 East Whitaker Mill Roe Raleigh, North Carolina 27 Mr. Bill Smith Access Medical Developn 2304 Wesvill Court, Suite Raleigh, North Carolina 2 Mr. Lee Smith, Planning Town of Atlantic Beach Post Office Box 10 Atlantic Beach, North Ca Mr. Scott Graybill Post Office Box 2267 Atlantic Beach, North Agency 28512 28512 : �ah�� BRy-Fl-- .�� � ADDS D57� e LDf s Be iuAigued 5.5 ivy } Vmff ti 1 n S�M� Bakh�RQ' Eck Not scale r,Ts WAlank5 i �I ♦ ate' 7 DEPARTMENT OF THE ARMY �� // WILMINGTON DISTRICT, CORPS OF ENGINEE '/ PO BOX 1890 WILMINGTON NC 28402-1890 October 24, 2005 Regulatory Division Action ID No. 200500572 Mr. Randy Bryant 1110 Spartina Drive Beaufort, North Carolina 28516 Dear Mr. Bryant: OCT 2 7 2005 Morehead City DCM This letter serves to confirm the onsite follow-up inspections by Mr. Mickey Sugg, regarding your restoration efforts for the unauthorized discharge of fill material into approximately 0.018 acres of Section 404 wetlands, including coastal marsh, on your lot located on Lot 3, in Coral Bay Ridge Subdivision, on Ocean Ridge Court, adjacent to Hoop Pole Creek, in Atlantic Beach, Carteret County, North Carolina. Also, please reference our March 24, 2005 letter concerning this issue. Based on the follow-up inspections, it has been determined that your restoration efforts have been satisfactorily completed. Accordingly, no further action will be taken in this matter and our file will be closed as of the date of this letter. Please be aware that, if any sediment erodes into the adjacent wetlands or waters, you will be responsible for removing the material and restoring the area back to original elevations. If, at any time, material starts to wash, or erode into, the adjacent wetlands or waters, you will be responsible for implementing corrective measures and restoring the site. Please be cautioned that any future unauthorized work of similar nature in Section 404 wetlands or waters would be considered a willful and intentional violation of Federal law and may result in immediate referral of the matter to the U.S. Attorney with recommendation for civil prosecution. -2- Thank you for your time and cooperation in resolving this matter. If you or comments in this matter, please contact Mr. Sugg at (910) 251-4811, Wiln Field Office. Sincerely, Keith A. Hams, Chief Wilmington Regulatory Field Copies Furnished: any question a Regulatory Mr. Mark Hardeman Mr. Wallace R. Sherron, Dikector N.C. Division of Coastal Management State Property Section 400 Commerce Avenue N.C. Department of Ad stration Morehead City, North Carolina 28557-3421 116 West Jones Street Raleigh, North Carolina 27603 Ms. Donna Turner, Inspections Department Town of Atlantic Beach Mr. Mike Wylie Post Office Box 10 U.S. Environmental Protect on Agency Atlantic Beach, North Carolina 28512 Wetlands Section -Region Water Management Divisio Ms. Noelle Lutheran 61 Forsyth Street, SW Division of Water Quality Atlanta, Georgia 30303 N.C. Department of Environment and Natural Resources Mr. Dale Elmore 128 Cardinal Drive Extension Centre Construction Group Wilmington, North Carolina 28405 203 East Whitaker Mill Road Raleigh, North Carolina 27,08 Is. Tere Barrett N.C. Division of Coastal Management Mr. Bill Smith 400 Commerce Avenue Access Medical Developme t Morehead City, North Carolina 28557-3421 2304 Wesvill Court, Suite 3�0 Raleigh, North Carolina 27 07 U.S. Attorney Eastern District of North Carolina Mr. Lee Smith, Planning Director 310 New Bern Avenue Town of Atlantic Beach Suite 800, Federal Building Post Office Box 10 Raleigh, North Carolina 27611 Atlantic Beach, North Carol na 28512 FUNCTION=> F BROWSE ENFORCEMENT CASES SEL CASE NUMBER NAME -------------- 05-0012-CA ------------------------------ BRYANT, RANDY 05-0010-CA BRYANT, RANDY 04-0029-CA BRYANT, RANDY 03-0004-CA BRYANT, RANDY 01-0031-CA BRYANT, RANDY MESSAGE: ALL RECORDS DISPLAYED FOR KEY ENTERED PFI=HELP PF2=MAIN MENU PF3=ENFORCEMENT ACTION MENU PF7=BACKWARD P FUNCTION=> C-------DCM ENFORCEMENT PRIMARY VIOLATOR INFORMATION --------- RRD210 CASE: 050012C PERMIT #: CONSULTANT: HARDEMAN NAME: BRYANT, RANDY ADDR: 1110 SPARTINA DRIVE CITY: BEAUFORT STATE: NC ZIP: 28516 PHONE: 252 725 1817 CNTY: CARTERET NEAREST WATER BODY: BOGUE SOUND ST PLANE X: LPO : LOCALITY: LOT 6 CORAL BAY RIDGE ABCH ST PLANE Y: VIO DESC: 9WHEAD BULIT IN COASTAL WETLANDS- NOV SENT: 03 31 05 VIOLATION: MAJOR: Y MINOR: PERM COND: CAMA: Y D&F: RESTORE : Y REQUESTED: 04 30 05 COMPLETED: ESTUARY:WB TRST: SHORELINE: Y OCEAN HZ: OTHER: CW PRI NURS: ORW: WETLANDS: Y SA: DS: CJ: SY: JR: LS: TY: SS: SC: SP: IF: BF: WS: MF: TYPE EXCAVATE FILLED RESTORE OTHER TYPE EXCAVATE FILLED RESTORE OTHER 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 ------------------------ASSESSMENT AND DISPOSITION ----------------------------- REC ASSMT: 00000 REFERENCES: CRITERIA: REPORT RCVD: 03 16 05 ASSESSED: 0 TO OGC: TO VIOLATOR: PAY REC: 0 ON: CASE CLOSED: # VIOLATORS: 1 TOTAL ASSESSMENT: 0 TOT RECEIVED: 0 MESSAGE: ENTER DATA YOU WISH TO CHANGE PFI=HELP PF2=MAIN MENU PF3=ENFORCEMENT MENU PF4=PREV SCREEN PF5=VIOLATOR r % FUNCTION=> C-------DCM ENFORCEMENT PRIMARY VIOLATOR INFORMATION --------- RRD210 CASE: 050010C PERMIT #: CONSULTANT: HARDEMAN NAME: BRYANT, RANDY ADDR: 1110 SPARTINA DRIVE CITY: BEAUFORT STATE: NC ZIP: 28516 PHONE: CNTY: CARTERET NEAREST WATER BODY: BOGUE SOUND ST PLANE X: LPO : LOCALITY: LOT 3 CORAL BAY RIDGE ABCH ST PLANE Y: VIO DESC: UNAUTHORIZED ENGAGEMENT IN LAND DISTURBANCE ACTIVITY AND CONSTRUCTION OF BULKHEAD ADJACENT TO BOGUE SOUND NOV SENT: 03 31 05 VIOLATION: MAJOR: Y MINOR: PERM COND: CAMA: Y D&F: RESTORE : Y REQUESTED: 04 30 05 COMPLETED: ESTUARY: Y PUB TRST: SHORELINE: Y OCEAN HZ: OTHER: CW PRI NURS: ORW: WETLANDS: Y SA: DS: CJ: SY: JR: LS: TY: SS: SC: SP: IF: BF: WS: MF: TYPE EXCAVATE FILLED RESTORE OTHER TYPE EXCAVATE FILLED RESTORE OTHER 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 ------------------------ASSESSMENT AND DISPOSITION------------------------ ---- REC ASSMT: 00000 REFERENCES: CRITERIA: REPORT RCVD: 03 16 05 ASSESSED: 0 TO OGC: TO VIOLATOR: PAY REC: 0 ON: CASE CLOSED: # VIOLATORS: 1 TOTAL ASSESSMENT: 0 TOT RECEIVED: 0 MESSAGE: ENTER DATA YOU WISH TO CHANGE PFI=HELP PF2=MAIN MENU PF3=ENFORCEMENT MENU PF4=PREV SCREEN PF5=VIOL TOR G"w,&, ref, FUNCTION=> C-------DCM ENFORCEMENT PRIMARY VIOLATOR INFORMATION --------- Rf D210 CASE: 040029C PERMIT #: 18-04 CONSULTANT: SHAVER NAME: BRYANT, RANDY ADDR: 102 TALFORD DRIVE CITY: ATLANTIC BEAC STATE: NC ZIP: 28512 PHONE: 252 725 1817 CNTY: CARTERET NEAREST WATER BODY: EASTMAN CREEK ST PLANE X: LPO : LOCALITY: EASTMAN CREEK LANDING ST PLANE Y: VIO DESC:-BUILT PLATFORM LONGER THAN CONDITIONED UNDER PERMIT,ABSENCE OF HANDRA :ILS AS COMMITTED UNDER MAJOR PROCESS & MARSH DISTURBANCE NOV SENT: 07 29 04 VIOLATION: MAJOR: Y MINOR: PERM COND: Y CAMA: Y D&F:'Y RESTORE : Y REQUESTED: 08 28 04 COMPLETED: ISTUARY: Y PUB TRST: Y SHORELINE: OCEAN HZ: OTHER: PRI NURS: OR : WETLANDS: Y SA: DS: Y Cl: SY: JR: Y LS: TY: SS: SC: SP: IF: BF: WS: MF: TYPE EXCAVATE FILLED RESTORE OTHER TYPE EXCAVATE FILLED RESTORE 0 HER 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: 00500 REFERENCES: BGAF4B CRITERIA: REPORT RCVD: ASSESSED: 0 TO OGC: TO VIOLATOR: PAY REC: 0 ON: CASE CLOSED: # VIOLATORS: 2 TOTAL ASSESSMENT: 0 TOT RECEIVED: O MESSAGE: ENTER DATA YOU WISH TO CHANGE PFI=HELP PF2=MAIN MENU PF3=ENFORCEMENT MENU PF4=PREV SCREEN PF5=VIOLATOR FUNCTION=> C-------DCM ENFORCEMENT PRIMARY VIOLATOR INFORMATION --------- RRD210 CASE: 030004C PERMIT #: CONSULTANT: SHAVER NAME: BRYANT, RANDY ADDR: 622 SEA GATE DRIVE CITY: NEWPORT STATE: NC ZIP: 28570 PHONE: 252 725 1817 CNTY: CARTERET NEAREST WATER BODY: EASTMAN CREEK ST PLANE X: LPO : LOCALITY: N. OF BEAUFORT ST PLANE Y: VIO DESC: UNDERTAKING MAJOR DEVELOPMENT W/O PERMIT. SPECIFICALLY FILLED 1336SQ' 7s'OFCOASTAL WETLANDS & GRADED & FILLED 2600 SQ' OF COASTAL SHORELINE NOV SENT: 01 21 03 VIOLATION: MAJOR: Y MINOR: PERM COND: CAMA: Y D&F: Y RF$TORE : Y REQUESTED: 02 17 03 COMPLETED: 02 18 03 TUARY: Y PUB TRST: Y SHORELINE: Y OCEAN HZ: OTHER: PRI NURS: Y ORIA: WETLANDS: Y SA: DS: Y CJ: SY: JR: Y LS: TY: SS: Y 5C: SP: IF: BF: WS: MF: TYPE EXCAVATE FILLED RESTORE OTHER TYPE EXCAVATE FILLED RESTORE OTHER CW 1336 1336 1336 0 0 0 0 0 ES 2600 2600 0 0 0 0 0 0 0 0 0 0 0 0 0 0 ------------------------ASSESSMENT AND DISPOSITION------------------------ ---- REC ASSMT: 00500 REFERENCES: F4BI CRITERIA: 07 03 91 REPORT RCVD: ASSESSED: 500 TO OGC: 01 01 01 TO VIOLATOR: 01 2 03 PAY REC: 500 ON: 02 05 03 CASE CLOSED: 02 0 03 # VIOLATORS: 1 TOTAL ASSESSMENT: 500 TOT RECEIVED: 5 0 MESSAGE: ENTER DATA YOU WISH TO CHANGE PFI=HELP PF2=MAIN MENU PF3=ENFORCEMENT MENU PF4=PREV SCREEN PF5=VIOL TOR FUNCTION=> C-------DCM ENFORCEMENT PRIMARY VIOLATOR INFORMATION --------- RI CASE: 010031C PERMIT #: CONSULTANT: SHAVER NAME: BRYANT, RANDY ADDR: 622 SEA GATE DR CITY: NEWPORT STATE: NC ZIP: 28570 PHONE: CNTY: CARTERET NEAREST WATER BODY: AIWW/CORE CK ST PLANE X: LPO : LOCALITY: SEA GATE S/D ST PLANE Y: VIO DESC: UNAUTHORIZED CONSTRUCTION OF A SINGLE FAMILY DWELLING : ----VOIDED---- 8/13/01 PER BRAD SHAVER NOV SENT: 06 5 O1 VIOLATION: MAJOR: MINOR: Y PERM COND: CAMA: D&F: RESTORE : N QUESTED: COMPLETED: ESTUARY: Y PUB TRST: Y SHORELINE: Y OCEAN HZ: OTHER: PRI NURS: ORI WETLANDS: SA: DS: CJ: SY: JR: LS: TY: SS: SC: SP: IF: BF: WS: MF: TYPE EXCAVATE FILLED RESTORE OTHER TYPE EXCAVATE FILLED RESTORE 9 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 ------------------------ASSESSMENT AND DISPOSITION ------------------------- REC ASSMT: 00000 REFERENCES: CRITERIA: 03 2'1 REPORT RCVD: ASSESSED: 0 TO OGC: TO VIOLATOR: PAY REC: 0 ON: CASE CLOSED: 08 1 # VIOLATORS: 1 TOTAL ASSESSMENT: 0 TOT RECEIVED: MESSAGE: ENTER DATA YOU WISH TO CHANGE PFI=HELP PF2=MAIN MENU PF3=ENFORCEMENT MENU PF4=PREV SCREEN PFS=VIOU 0 0 0 95 01 0 North Carolina Department of Environment and Natural Resot Division of Coastal Management Michael F. Easley, Governor Charles S. Jones, Director William October 18, 2005 Mr. Randy Bryant 1110 Spartina Drive Beaufort, NC 28516 RE: RESTORATION ACCEPTANCE — CAMA VIOLATION #05.10C Dear Mr. Bryant This letter is in reference to the Notice of Violation # 05-10C sent to you dated Mari land disturbing activity (bulkhead construction with associated backfill) within the Estuarine Waters, and Estuarine Shoreline AEC's in or near Bogue Sound. The violation property located at Lot 3, Coral Bay Ridge off of Salter Path Road in or near the Town 1 Carteret County, North Carolina. This unauthorized activity constituted developmE requested to remove part of the bulkhead and return the land to original grade and cons with the North Carolina Administrative Cade, Title 15A, Subchapter 7J.0410, any development which is inconsistent with guidelines for development within Areas of Envi (AEC) must be corrected by restoring the project site to pre -development conditio resources or to prevent further resource damage. I conducted a site visit at the aforementioned property on September 1, 2005 to inspe( the unauthorized activity addressed in the Notice of Violation #05-10. Based on this in: the restoration is accomplished to the. satisfaction of this Division. Upon my submission report, you will be notified as to the amount of the civil penalty for undertaking this ur within an Area of Environmental concern. Thank you for your attention and cooperation in this matter. If you have any matter, please feel free to call me at (252) 80872808. Sincerely, Mark Hardeman Coastal Management Representative Cc: Ted Tyndall, Assistant Director, DCM Tere Barrett, District Manager, DCM Roy Brownlow, Compliance Coordinator, DCM Mickey Sugg, USACE Donna Turner, LPO 400 Commerce Avenue, Morehead City, North Carolina 28557 Phone: 252-808-28081 FAX: 252-247-33301 Internet: www.nccoastalman An Equal Opportunity 1 Affirmative Action Employer —50% Recycled 110% Post Consumer Ross Jr., Secretary 31, 2005 for the )astal Wetlands, tok.place on your Atlantic Beach in t and you were ir.;In accordance olation involving imental Concern to recover lost the restoration of ection, it appears f an enforcement uthorized activity pertaining to this Q/ DCM ENFORCEMENT TRACKING REPORT r`��K ���dE, / Issuer Field Rep. �K Violation Base No. LPO A B C D Violated Permit No. LPJ (If applicable) Violation Description Was activity permittable? Yes if CS Initial Discovery Date AL at/04� /'23 Discovery Method ri V< ay . Violation Description (%t/QU{ii0!/Zeo/dv1,UeAA1 &,,TAlw-7 a c4djE''W iES lMd5 Respondent Information Prior Violations in same AEC: es / No Case Number C-IllIg Respondent Name(s) I�19,gD Sf y v f (Landowner/Agent/Contractor) Address /IIQ ,51m ellL 3,,-, City seal-14,-1 State yVf Zip 09.!, EG Phone # ZS 2 _ 7� 5 _ 18IrJ Fax # Email Violation Type: COM/? Q` Project Type: Authorizations Required: Site Visits Respondent Site Visits Respondent M ✓'+SOR No Permit rivatelCommunity Major A A Present Present 3//4/2�jrj Permit Condition Govt./Public Minor &F 2/22/1�5 tl O Expired Permit Commercial eneral Inconsistent wl Rules Violation Location and Site Description Project Location: County C*97C-Apr Street Address/ State Road/ Lot #(s) GOT 3 Subdivision Cora( 50-y RI 41e City A+Ihv4-rL JSe" ZIP 99's 4. Phone# (Z52) 725- (SI? River Basin Wls• 01Da-'L Adj. Wtr. Body eq L4-4;oJR/cl na man /unkn) Closest MaJ. Wtr. Body �9 �el� o✓u� Restoration NOV Date t'V(q re-. 3 l) 2005 Initial Req. Comp. Date CNOV Date Penalty Assessment Sent to Respondent Date Rcvd. by Dist. Mgr. Date Assessment Extended Yes Date Comp. Observed Rover File Shoreline Length 106 SAV: Not Sure Yes 40 Sandbags: Not Sure Yes 1111, PNA: Yes C Adjacent ORW: Yes 15 Adjacent Crit. Hab. Yes a Photos ® No Waiver Required Yes In DWQ Buffer Area Yes Q vu 71.0409 Ref. App./Permit Fee P salty 'llful/Intent. No ontinuing Acceptance Date Recomm. Assess. $ `'W' $ $ /UO $ $SCOT $ S $ Other � $ $ Total , 00c J ' No 05 DCM Assess. 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 Date sent to AG Assessment Appealed Yes No Penalty modified 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 / No If yes, which types: Cl PTA ® PTS 4D DS Ci SY LS TY OEA HHF IH SS CSC ® 404 PWS: FC: Restoration Required by the Respondent (VI No f Dimensions in excess Dimensions to restore Final dimensions Actually restored of permit/ unauthorized activities allowed Development Activities Habitat Description NOTES: Closing Payment Received $ Date Date Case Closed ti DCM ENFORCEMENT TRACKING � Issuer Field Rep. / �/ �,N�f/t� Violation Base No._ LPO Violated Permit No._ LPj (if applicable) EPORT A B C D Violation Description �910 Was activity permittable? Yes / (� Initial Discovery Date C2lrrraYy/% Discovery Method PiIDYe-kk-Ne`,le- A..l 1"4,--<c���NEv� Violation Description v4p he- Respondent Information Prior Violations in same AEC: No Case Number b5 /Q -W Respondent Name(s) �liAlQ 1/ �j�� q andol ne Agent/ ontracto Address ///0 �j/0�� �i t�[l Dr, City f ( v,/ryr Sta e klu' Zip a,286,14 l Phone # Jry2 -'7025' V17 Fax # Email , Violation Type: Project Type: Authorizations Required: Site Visits Respondent Site Visits Respondent No Permit Private/Community Major AM a`17 OS Present 3-14_05 Present Permit Condition Govt./Public inor D&F a�°1�.'(7S Expired Permit Commercial Genera Inconsistent wl Rules Violation Location and Site Description Rover File L O 3 yao 3 Project Location: County C�3 Qkre.,� Shoreline Length /60 v I Street Address/ State Road/ Lot #(s) L 0 Z 3� SAV: Not sure Yes C�Q 113,1 l %�t(dpLo Sandbags: Not Sure Yes Subdivision) �ci I UlS I0r PNA: ORW: Yes Yes ®� Adjacent Adjacent y (SL City y / i1 #Al /7G �a� ZIP a�jr` 7 Crit. Hat. Yes U �ll __ //'' Phone # (.1;1-) V -��7 River Basin ll%{I i 4 Photos ES No Adj. Wtr. Body RjNJ1/� %mJ�tJ� (na[ man /unkn) Waiver Required Yes v9 Closest Maj. Wtr. Body �ry Ue S ov'ri % "1 In DWQ Butter Area Yes No Restoration NOV Date CNOV Date Penalty Assessment Sent to Respondent Date Rcvd. by Dist. Mgr. Date Assessment Extended Yes No Initial Req. Comp. Date 't` I /_3D,0-5 Extension Grgnted Yes No letter etter Date Comp. Observed Acceptance Pate 71.0409 Ref. Recomm Assess. DCM Assess. App./Permit Fee $ $ Penalty $ $ Willful/Intent. $ $ Continuing $ $ Other $ $ Total 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 No If yes, which types: © EW PTA ES PTS OEA HHF IH SC Cl JR LS TY SS SC SP 404 PWS: FC: Other Restoration Required by the Respondent es No Dimensions in excess Dimensions to restore Final dimensions Actually restored of permit/ unauthorized activities allowed Development Activities �Xido �xq5 'Z 3(n Habitat Description NOTES: Closing Payment Received $ Date Date Case Closed CASE^STATUS 1CASENUMBER LASTNAME;� � - FIRST NAME BUSINESS NA j QQ ,CA8.163DPEN",� I OSOS-10C b '�BR"YANT`''—` i RANDY 1----_ 0 "CASE IS CLOSED I Previous Vio NOV DATE- CLOSURE DATE Elapsed Days AFFULIATION SECTOR for Similar Ai 3l31l20051 -{^ �.�Y=., ( I PROPERTY OWNE COMMERCIAL " 2026 _.I F'; MAILING ADDRESS" -`CITY .STATE ZIP,CODE PHONE NUMBER'" 1110 SPARTINA DR _ BEAUFORT _J NC Ii 28516 = PROPERTY'+ADDRESS ' +: COMMUNITY.' WATER p0DY i' NEAREST LOT 3 CORAL BAY RIDGE ATLANTIC BEACH i,. BOGUE SOUND DISTRICT OFFICE ,'COUNTY ;, DCM REPRESENTATIVE LPO CONTACT- MHCDO , CARTERET I HARDEMAN ,jf 1 7 e VIOLATION TYPE AFFECTED AEC(S) • L} CW JOR CAMA plus DREDGE AND FILL I; „ _ �I. OEA ❑; HHFA MA [ _NATURE OF'VIOLA710N "% AEC DESCRIPTION Section SS Wetlands Unauthorized major development and violation of the State Dredge & Fill Law by engaging in la and constructing a bulkhead adjacent to Bogue Sound within the CW, EW, and ES AECs. in Same AEC QJ ES ❑ PTS Q.,PWS NCRA. RESTORATION STATUS - .-- _.. _ t RESTORATION REQUEST DATE COMPLETION DATE f}:. M30/2005 it iI''I C`q EXTENDED RESTORE c �] RESTORATION NOT REQUIRED -CONTRACTOR ' RESTORATION RE DATE - (� RESTORATION NOT REQUIRED - PERMITTABLE DEVELOPMENT .DEADLINE �• RESTORATION NOT REQUIRED - FURTHER IMPACTS EXTENDED RESTORATION PENDING i, - -:` ° ' r-I REFERRED TO AG'S OFF �,CE -COLLECTION, . F REFERRED, TO AG'S OFFICE - INJUNCTION ASSESSMENT DATE PENALTY AMOUNT COLLECTION DATE AMOUNT COLLECTED PENALTY STATUS '0 PENALTY ISSUED e- €a PENALTY NOT ISSUED . 9 WILLFUL INTENTIONAL PENALTY (MIN. OR DOUBLED) �!. CNOV ISSUED -, CONRACTOR'S FIRST OFFENSE O. SETTLED, AGREED UPON, OR STIPULATED PENALTY G PENALTY APPEALED fJj 5 UNCOLLECTIBLE PENALTY �, FORMAL CPA ISSUED } Violations Involving Adversely Impacted Resources . ,. i AMOUNT OF ADVERSELY DISTURBED AREA (SQ. FT) AMOUNT OF RESTORED AREA.(SQ. FT). NOTES Bryant has priors and similar cases - see case nos. 05-12C, 04-29C ��r� NCDENR North Carolina Department of Environment and Natural Division of Coastal Management Michael F. Easley, Governor Charles S. Jones, Director NOTICE OF VIOLATION March 31, 2005 CERTIFIED MAIL RETURN RECEIPT REQUESTED Mr. Randy Bryant 1110 Spartina Drive Beaufort, NC 28516 William RE: NOTICE OF VIOLATION AND REQUEST TO CEASE UNAUTHORIZED CAMA VIOLATION #05-10-C Dear Mr. Bryant: This letter confirms that on March 16, 2005, Mr. Mickey 5ugg (USACE), Mr. Ryan D Rep), Mr. Jimmy Powell (your surveyor), and I were onsite at your property located Bay Ridge, adjacent to Bogue Sound, located in Atlantic Beach, off Salter Path County, North Carolina. The purpose of the visit was to investigate unauthorized i the Estuarine Shoreline, Estuarine Waters, and Coastal Wetland Areas of Environn A meeting onsite with the landowners and Coastal Management Representatives on February 22, 2005 to review the. activity. Ross Jr., Secretary nport (DCM Lot 3, Coral ad, Carteret elopment in al Concern. conducted 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 oncern (AEC) without first obtaining a permit from the North Carolina Department of Environmett and Natural Resources. This requirement is imposed by North Carolina General Statute (N.C.G.q.) 113A-118. I have information that indicates you have undertaken or are legally responsible for activity (constructing a home and constructing a bulkhead within the AEC, of which 2' x 100' lies within Coastal Wetlands and approximately 4' x 100' lies within Sectio as delineated by the USACE) on the aforementioned property. This activity took p Wetlands and Estuarine Shoreline AEC's that are contiguous with Bogue Wetlands, Estuarine Waters, and Estuarine Shoreline areas are designated Environmental Concern (AEC). No CAMA permit was issued to you for work in this these findings, I am initiating an enforcement action by issuing this Notice of Violat 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 designated Areas of Environmental Concern. A civil assessment of up to $2,500 n 400 Commerce Avenue, Morehead City, North Carolina 28557 Phone: 252-808-28081 FAX: 252-247-3330 l Internet: www.nccoastalman An Equal Opportunity 1 Affirmative Action Employer— 50% Recycled 110% Post Consumer disturbing )4 wetlands in Coastal id. Coastal s Areas of a. Based on for violation .ivities within be assessed U.S. Postal Servicye,.r CERTIFIED MAILTM F ECEIPT (Domestic Mail Only; No Insurance Coverage Provided) ru -I- C?FF1QIAL US! Pie & m K .�,1�0 p Denined Fee Retum Receipt Fee Postmark (EMorsement Required) Here t7 Reecr t Delivery Fee Er (EMorsement Required) CO ,$ ru Total Postage & Fees S p to p M1 ..... .' .. ..._. ..�. .. ... .............. ?;'beef I U.S. Postal Service,,, CERTIFIED MAIL. RECEIF ' (Domestic Mail Only; No Insurance Covera) : S O Postage $ m O certified Fee Z O J p Return Receipt Fee Paalmark (EMorsement Raqulrxp Here-^` Restricted Delivery Fee (Endorsement Required) CID / N Total Postage & Fees $ L! JJ S t e C3 .._. _ ................ wPo Bkox Page 02 April 1, 2005 Coral Bay Ridge/Randy Bryant against any violator. Each day that the development described in this notice isl 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 viola ion (N.C.G.S. 113A-126). It is the policy of the Coastal Resources Commission to levy a minimum civil aassessment of $500.00 not to exceed $2,500 against all violations of this type. This is done to recorlp 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 hem. You are also in violation of the State's Dredge and Fill Law which requires a permit f'om 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 pursua t 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 an 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, unauthorize construction of a residence and bulkhead to include backfilling of Coastal Wetland, Estuarine Waters, and Estuarine Shoreline AECs, is not consistent with the aforementioned rules which reg late filling of wetlands, impervious surface coverage, and buffer areas. Therefore, I am requesting that restoration be required. f 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 to remove the unauthorized bulkhead as flagged, restore contours to original grade, and provide an innovative storm water design, 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 rjear 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 complelIion of the Page 03 April 1, 2005 Coral Bay Ridge/Randy Bryant restoration as requested in the Restoration Plan Agreement to the satisfaction of the Division of Coastal Management, you will be notified as to the amount of the civil assessment for undertaking development without first obtaining the proper permits and/or development that is inconsistent with Coastal Resources Commission rules. Sincerely, 74 " Mark Hardeman Coastal Management Representative Cc: Ted Tyndall, Assistant Director, DCM Tere Barrett, District Manager, DCM Roy Brownlow, Compliance Coordinator, DCM Mickey Sugg, USACE ENCLOSURE RESTORATION PLAN For Randy Bryant Property Property located at Lot 3, Coral Bay Ridge, Atlantic Beach, Carteret County DoYtft gidby Lot 3, Coral Bay Ridge Randy Bryant, Owner To be�d marow.amm. VSACEf>ud5ed hu. y� y \ � I ,�� poi[HWdbY llSALE \V �. ... M.Aw&& i ntt,n l' trte I,NY� r J dbu �d.aw V plot \ 1; V I, Randy Bryant, agree to the removal of the existing northern bulkhead wall and fill material waterward of the established restoration line depicted by pink pin flags. All fill material must be removed back to original wetlands elevations and deposited on high ground. The last section of bulkhead on the south side of the house must also be removed and placed within 4' of the house. Due to the fact that the house is within the 75' AEC, an engineered innovative storm water design assuring that the lot is performing as though only 30% is covered by impervious structures will be required. I agree to complete this restoration to the satisfaction of the Division of Coastal Management (DCM) by April 30, 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 $jS00.00 and higher against all violations of this type depending upon the damage to the resources. If toration is not undertaken or satisfactorily completed, a substantially higher civil assessment will be lev4d and an injunction sought to require restoration. 20-Apr-05 INC DIVISION OF COASTAL MANAGEMENT ENFORCEMENT RECORD 'CASE STATUS] --- CASE NUMBER LAST NAME FIRST NAME BUSINESS NAME: -I 7717 BRYANT RANDY CASE IS CLOSED NOV DATE CLOSURE DATE AFFULIATION SECTOR Previous Violations in Same AEC PROPERTY OWNE COMMERCIAL :�!. for Similar Activities 3/31/2005 MAILING ADDRESS CITY STATE ZIP CODE PHONE NUMBER 1110 SPARTINA DR BEAUFORT NC 28516 PROPERTY ADDRESS COMMUNITY WATERBODY NEAREST ROAD LOT 3 CORAL BAY RIDGE ATLANTIC BEACH IBOGUE SOUND SALTER PATH DISTRICT OFFICE COUNTY DCM REPRESENTATIVE LPO CONTACT MHCDO IHARDEMAN VIOLATION TYPE CW n EW I 1 PTA /I ES [:1 PTS MAJOR CAMA plus DREDGE AND FILL El OEA f] HHFA IHA J PWS NCRA NATURE OF VIOLATION AEC DESCRIPTION Section 404 Wetlands Unauthorized major development and violation of the State Dredge & Fill Law by engaging in land disturbing activity and constructing a bulkhead adjacent to Bogue Sound within the CW, EW, and ES AECs. RESTORATION STATUS RESTORATION REQUEST DATE COMPLETION DATE J 4/30/2005 RESTORATION NOT REQUIRED - CONTRACTOR RESTORATION EXTENDED RESTORE DATE -.- RESTORATION NOT REQUIRED - PERMITTABLE DEVELOPMENT j -- DEADLINE RESTORATION NOT REQUIRED -FURTHER IMPACTS EXTENDED RESTORATION PENDING PENALTY STATUS] PENALTY ISSUED PENALTY NOT ISSUED '❑ CONRACTOR'S FIRST OFFENSE i REFERRED TO AG'S OFFICE - COLLECTION - REFERRED TO AG'S OFFICE - INJUNCTION ASSESSMENT DATE PENALTYAMOUNT COLLECTION DATE AMOUNT COLLECTED I WILLFUL INTENTIONAL PENALTY (MIN. OR DOUBLED) CNOV ISSUED SETTLED, AGREED UPON, OR STIPULATED PENALTY PENALTY APPEALED I 1 UNCOLLECTIBLE PENALTY Violations Involving Adversely Impacted Resources AMOUNT OF ADVERSELY DISTURBED AREA (SO. FT.) 200 AMOUNT OF RESTORED AREA (SO. FT) F— NOTES has priors and similar cases - see case nos. OS-12C, 1 FORMAL CPA ISSUED 04-NOV-05 NC DIVISION OF COASTAL MANAGEMENT ENFORCEMENT RECORD _ CASE NUMBER LAST NAME FIRST NAME BUSINESS NAME: 7S-10C 1BRYANT RANDY CASE IS CLOSED Previous Violations in Same W AEC for Similar Activities NOV DATE CLOSURE DATE Elapsed Days AFFLILIATION SECTOR W112005 218 PROPERTY OWNER COMMERCIAL MAILING ADDRESS CITY STATE ZIP CODE PHONE NUMBER 1110 SPARTINA DR BEAUFORT NC 2851E F— PROPERTY ADDRESS COMMUNITY WATERBODY NEAREST ROAD LOT 3 CORAL BAY RIDGE 1ATLANTIC BEA IBOGUESOUND ISALTER PATH DISTRICT OFFICE COUNTY DCM REPRESENTATIVE LPO CONTACT MHCDO CARTERET 1HARDEMAN �VI CW [JI EW �_I PTA n ES I. I PTS VIOLATION TYPE MAJOR CAMA plus DREDGE AND FILL J OEA_.; HHFA i IHA �_) PWS �� NCRA NATURE OF VIOLATION AEC DESCRIPTION ISection 404 Wetlands uthorized major development and violation of the State Dredge & Fill Law b constructing a bulkhead adjacent to Bogue Sound within the CW, EW, and ,/I activity RESTORATION REQUEST DATE COMPLETION DATE 4/30/2005 9I1/2005 I I RESTORATION NOT REQUIRED - CONTRACTOR RESTORATION EXTENDED RESTORE DATE DEADLINE El RESTORATION NOT REQUIRED - PERMITTABLE DEVELOPMENT EXTENDED [-I RESTORATION NOT REQUIRED - FURTHER IMPACTS REFERRED TO AG'S OFFICE - INJUNCTION INJUNCTION DATE: F— [I RESTORATION PENDING i I REFERRED TO AG'S OFFICE -COLLECTION -- COLLECTION REQUEST DATE: — ASSESSMENT DATE PENALTY AMOUNT COLLECTION DATE AMOUNT COLLECTED 10/20/2005 $1,000 yI PENALTY ISSUED n WILLFUL & INTENTIONAL PENALTY OR DOUBLED) PENALTY NOT ISSUED CNOV ISSUED CNOV DATE I CONRACTOR'S FIRST OFFENSE PENALTY APPEALED APPEAL DATE �_. FORMAL CPA ISSUED FORMAL CPA rDATE E I SETTLED. AGREED UPON. STIPULATED PENALTY I —SETTLEMENT DATE UNCOLLECTIBLE PENALTY F—UNCOLLECTIBLE DETERMINATION DATE Violations Involving Adversely Impacted Resources AMOUNT OF ADVERSELY DISTURBED AREA (SQ. FT.) 200 AMOUNT OF RESTORED AREA (SQ. FT) 200 NOTES cases - see case nos. 10-Jan-08 NC DIVISION OF COASTAL MANAGEMENT ENFORCEMENT RECORD casESTaTusI _-- CASE NUMBER LAST NAME FIRST NAME BUSINESS NAME: O BROWN I 05-10C IBRYANT IRANDY CASE IS CLOSED Previous Violations in Same © AEC for Similar Activities NOV DATE CLOSURE DATE Elapsed Days AFFLILIATION SECTOR 3/31/2805 'MIRSIMF 2 3 1PROPERTY OWNER COMMERCIAL MAILING ADDRESS CITY STATE ZIP CODE PHONE NUMBER 1110 SPARTINA DR IBEAUFORT NC 28518- F PROPERTY ADDRESS COMMUNITY WATERBODY NEAREST ROAD LOT 3 CORAL BAY RIDGE ATLANTIC BEACH IBOGUE SOUND JSALTER PATH R DISTRICT OFFICE COUNTY DCM REPRESENTATIVE LPO CONTACT MHCDO ICARTERET 1HARDEMAN �— VIOLATION TYPE AFFECTED AEC(S) © CW © EW ❑ PTA © ES [-1PTS MAJOR CAMA plus DREDGE AND FILL ❑ OEA ❑ HHFA ❑ IHA ❑ PWS ❑ NCRA NATURE OF VIOLATION AEC DESCRIPTION Section 464 Wetlands Jthorized major development and violation of the State Dredge & Fill Law by engaging in land disturbing activity constructing a bulkhead adjacent to Bogue Sound within the CW, EW, and ES AECs. RESTORATION STATUS ❑ RESTORATION NOT REQUIRED- CONTRACTOR ❑ RESTORATION NOT REQUIRED - PERMITTABLE DEVELOPMENT Ll RESTORATION NOT REQUIRED- FURTHER IMPACTS ❑ RESTORATION PENDING ASSESSMENT DATE PENALTY STATUS 10/20/2005 [/j PENALTY ISSUED RESTORATION REQUEST DATE COMPLETION DATE 4/30/2005 9/1/2005 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: I_ PENALTY AMOUNT COLLECTION DATE AMOUNT COLLECTED $1,000 1 12/29/2005 1 $1,000 © WILLFUL & INTENTIONAL PENALTY (MIN. OR DOUBLED) ❑ PENALTY NOT ISSUED ❑ CNOV ISSUED �CNOV DATE ❑ CONRACTOR'S FIRST OFFENSE ❑ PENALTY APPEALED APPEAL DATE ❑ FORMAL CPA ISSUED FORMAL CPA DATE ❑ SETTLED. AGREED UPON, STIPULATED PENALTY I SETTLEMENT DATE ❑ UNCOLLECTIBLE PENALTY F—UNCOLLECTIBLE DETERMINATION DATE Violations Involving Adversely Impacted Resources AMOUNT OF ADVERSELY DISTURBED AREA (SQ. FT.) 200 AMOUNT OF RESTORED AREA (SQ. FT) 200 NOTES has priors and similar Cases - see Case nos. 05-12G, 04-29C UNITED STATES POSTAL SERVICE First -Class Mail Postage & Fees Paid USPS Permit No. G-10 • Sender: Please print your name, address, and 2LW4 in this box �T� O N.C. Division of Coastal Managenint 400 Commerce Avenue m cD Morehead City, N.C. 28557 CO' 808-2808 n 00 N O O lJ'I �•tl yy ^ `% 11 I 11 it ! 1111111 ill it 11 11 ❑ IIIII iii 11111 ! ■ 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. Randy Bryant 1110 Spartina Drive Beaufort, NC 28516 a, we so X O AdAeesee B. Received by (Printed N9& C. Date of D. Is delivery address different from Item 11 'U Ye6 It YES, enter delivery address below: o No 3. Service Type ❑ Certified Mal ❑ Express Mail ❑ Registered ❑ Return Receipt for Merchandise ❑ Insured Mail ❑ C.O.D. 4. Restricted Delivery? (Extra Fee) ❑ yes 2. Article Number I (transfer from service fabep 7005 1160 0003 1594 2011 I PS Form 3811, February 2004 Domestic Return Receipt 102595-02-WlW i iiiijil I DEPARTMENT OF THE (nryi q U.S. ARMY ENGINFfl DISTRICT, WILMINGTON CORPPSF ENGINEERS G BOX 1890 WILMINGT N, NC 28402-1890 OFFICIAL BUSINESS el 1 Mailed From 28403 US POSTAGE Mr. Mark Hardeman N.C. Division of Coastal Management 400 Commerce Avenue Morehead City, North Carolina 28557-3421 zass2 *%' 4z1 01 II, I I I I I I I I r l I l I I I I I I l I I l I I l I l l I l I I l l l I l I I l l l l l l l l r l l r l l l l l l I ma I