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HomeMy WebLinkAbout05-12C Bryant,Q�, rA NCDENR North Carolina Department of Environment and Natural Division of Coastal Management Michael F. Easley, Governor Charles•S. Jones, Director 29 December 2005 S.S.B. Properties, LLC c/o Mr. Randy Bryant 622 Sea Gate Drive Newport, NC 27455 RE; Payment of Proposed Penalty for Violations of the Coastal Area Carteret County CAMA Violations #05-10C, #05-12C, and #05-47C Dear Mr. Bryant: William rces 3. Ross Jr., Secretary Act This letter will acknowledge receipt of your Check #8138, in the amount of $3,00 .00 and dated 29 December 2005. This amount includes payment for CAMA Violation case #05-10 in the amount of $1,000.00; #05-12C in the amount of $1,300.00; and #05-47C in the amount of $$710.00 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 closed. If you have any further questions concerning this matter, please contact me at my (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: 252-808-2808 \ FAX: 252-247-3330 \ Internet: www.nccoastalman City office, An Equal Oppodcnity \ Affirmative Action Employer — 50% Recycled \ 10% Post Consumer 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 November 08, 2005 LSB gaRB CERTIFIED MAIL TB 1L RB RETURN RECEIPT REQUESTED MTT Mr. Randy Bryant 1110 Spartina Drive Beaufort, NC 28516 RE: CAMA VIOLATION #05-12C 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 6, Coral Bay Ridge, Atlantic Beach, Carteret County. The violation involved Estuarine Waters, the Estuarine Shoreline, and Coastal Wetlands, which are Areas of Environmental Concern designated by the Coastal Resources Commission. Based upon the site visit conducted on November 07, 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 andlor to co s to the public for any damage to its natural resources. Please be reminded that you have been issued h e prior Notices of Violation for excavating and/or filling within Coastal Wetlands, Estuarine Waters, and ublic 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 $1300.00 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 $1300.00 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: 252-808-2808 \ FAX: 252-247-3330 \ Internet: www.nccoastaimanagement.net An Equal Opportunity \ Affirmative Action Employer — 50% Recycled \ 10% Post Consumer Paper Mr. Randy Bryant November 8, 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, � - 64--� 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 400 Commerce Ave., Morehead City, North Carolina 28557 Phone: 252-808-28081 FAX: 252-247-33301 Internet: www.nccoastaimanagement.net An Equal Opportunity \ Affirmative Action Employer — 50% Recycled 110% Post Consumer Paper Field Rep. M� �k y /������ Issuer !7 LPO �>D IJ NCL 7o r oe-,r Violation Base A B CC) D Mr. Randy Bryant November 8, 2005 Page 3 of 3 CAMA VIOLATION 405.12C 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 $1300.00 against me for violation o Management Act, NCGS 113A-100 et se , committed on or near my property Lot 6, Coral 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 2005, and agree to pay the proposed civil assessment of $1300.00. DATE will propose the the Coastal Area Say Ridge, Atlantic Jon or expense on irdated March 31, SIGNATURE ADDRESS TELEPHONE NUMBER 400 Commerce Ave., Morehead City, North Carolina 28557 Phone: 252-808-2808 \ FAX: 252-247-3330 \ Internet: www.nccoastalman An Equal opportunity \A(frmativeAction Employer —50%Recycled \ 10%Post Consumer Date Long Form Submitted Assessment Appealed es o 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 penaltyfNOV Injunction to complete restoration Date Collection Let. Sent Date Demand Let. Sent Violation Activities and Impacts AECs Affected: CW (9) PTA ES PTS OEA HHF IH PWS: FC: Other: Restoration Required by the Respondent Yes I No D' Wetlands Impacted? es / No SA DS CI SY SS SC SP 404 imensions in excess Dimensions to restore of permit/ unauthorized activities Development Activities ' X 2i Habitat Description S�f � 49eke—5eQL,J0—(1._ NOTES: pfiGGf✓t( tJ6 u1d h, Ae A.)d /OVY Da1,v5 k)/Iz--heQol /0 Final dimensions allowed If yes, which types: LS TY Actually restored 3 X22 Closing 1 Payment Received $ Date Date Case Closed 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 November 8, 2005 pb,,�B LSB Mr. Randy Bryant TB 1110 Spartina Drive MTT Beaufort, NC 28516 RE: RESTORATION ACCEPTANCE — CAMA VIOLATION #05.12C Dear Mr. Bryant: This letter is in reference to the Notice of Violation #05-12C sent to you dated March 31, 2005 for the construction of a bulkhead with subsequent backfilling in federal and coastal wetlands and adjacent high ground within the Estuarine Shoreline of Bogue Sound, at Lot 6, Coral Bay Ridge, Atlantic Beach, Carteret County, North Carolina. This unauthorized activity constituted development and you were requested to remove a portion of the fill and structure from the wetlands and stabilize all high ground disturbed areas adjacent to wetlands or waters. 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 the maximum extent feasible to recover lost resources or to prevent further resource damage. Mr. Mark Hardeman conducted a site visit at the aforementioned property on November 08, 2005 to inspect the restoration of the unauthorized activity addressed in the Notice of Violation #05-12C. Based on this inspection, it appears the restoration is accomplished to the satisfaction of this Division. Upon my preparation of an enforcement report, you will be notified as to the amount of thje civil penalty for undertaking this unauthorized activity within an Area of Environmental concern. Thank you for your attention and cooperation in this matter. If you have any questions pertaining to this matter, please feel free to call me at (252) 808-2808. Sincerely, Tere Barrett District Manager, MHC DCM Cc: Ted Tyndall, Assistant Director, DCM Mark Hardeman, Field Representative, DCM Roy Brownlow, Compliance Coordinator, DCM Henry Wicker, USACE Noelle Lutheran, DWQ 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 &r NC®ENR North Carolina Department of Environment and Natural Res0l. rces Division of Coastal Management Michael F. Easley, Governor Charles S. Jones, Director William G. Ross Jr., Secretary NOTICE OF VIOLATION March 31, 2005 CERTIFIED MAIL RETURN RECEIPT REQUESTED Mr. Randy Bryant 1110 Spartina Drive Beaufort, NC 28516 RE. NOTICE OF VIOLATION AND REQUEST TO CEASE UNAUTHORIZED DEVELOPMENT — CAMA VIOLATION #05 —12 C Dear Mr. Bryant: This letter confirms that on March 16, 2005, Mr. Mickey Sugg (USACE), Mr. Ryan DTvenport (DCM Field Rep.), Mr. Jimmy Powell (your surveyor), Mr. Scott Graybill (current owner of Lot 6), and I were onsite at property you recently owned and developed at Lot 6, Coral Bay Ride, adjacent to Bogue Sound, located in Atlantic Beach, off Salter Path Road, Carteret County. The purpose of the visit was to investigate unauthorized development in the Estuarine Shoreline, Estuarine Waters, and the Coastal Wetlands Area of Environmental Concern. A meeting Qnsite with the landowners and Coastal Management Representatives was conducted on February 22, 2005 to review the activity. Information gathered by me for the Division of Coastal Management indicates that you have undertaken major development in. violation of the Coastal Area Management Ac (CAMA)..No person may undertake Major Development in a designated Area of Environmental (joncern (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 land disturbing activity (constructing a bulkhead including backfill in the AEC of which approximately Tx 22' lies in Coastal Wetlands and 8' x 50' lies within the Section 404 Wetlands delineated by the USACE) on the aforementioned property. This activity took place in Coastal Wetlands, Estuarin� Waters, and Estuarine Shorelines that are contiguous with Bogue Sound. Coastal Wetlands, Estuyarine Waters, and Estuarine Shoreline 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 ant initiating an enforcement action by issuing this Notice of Violation for violation of the �oastal Area Management Act and the State's Dredge and Fill Law. I request that you immediately CEASE AND DESIST any further unauthorized at -tivities within designated Areas of Environmental Concern. A civil assessment of up to $2,500 ma be assessed 400 Commerce Avenue, Morehead City, North Carolina 28557 Phone: 252-808-28081 FAX: 252-247-33301 Internet: www.nccoastalmanage ent.net An Equal Opportunity 1 Affirmative Action Employer— 50% Recycled 110% Post Consumer Pape L, 4 Page 02 March 31, 2005 Coral Bay Ridge/Lot 6 - Randy Bryant 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 $500.00 not to exceed $2,500 against all violations of this type. This is done to recoiup some of the costs of investigating violations and/or to compensate the public for any damage to its natural resources. Whether a higher amount will be assessed depends on several factor$, 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 permitlfrom 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 aInd 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. S ate Guidelines for Areas of Environmental Concern, the activity you have undertaken, unauthoriz d construction of a bulkhead to include backfilling within the Coastal Wetlands, Estuarine Waters, and Estuarine Shoreline AECs, is not consistent with the aforementioned rules, which regulat� the filling of wetlands. Therefore, I am requesting that restoration be required. 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 a section of exting bulkhead and relocate it to the flagged area, and return all fill water ward of the new wall to the original grade and contours,. please sign one of the attached Restoration Agreements and return lit 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 Ian acceptable schedule for compliance will be interpreted as a refusal to cooperate and will resulq 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 ith. I request that you contact me immediately. Thank you for your time and cooperation in resolving this important matter. If �ou have any questions about this or related matters, please call me at 252-808-2808. Upon completion of the restoration as requested in the Restoration Plan Agreement to the satisfaction of the Division of Coastal Management, you will be notified as to the amount of the civil assessment for undertaking Page 03 March 31, 2005 Coral Bay Ridge/Lot 6 —Randy Bryant development without first obtaining the proper permit and/or development that is if consistent with Coastal Resources Commission rules. Sincerely, .A 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 6, Coral Bay Ridge, Atlantic Beach, Carteret County 2' z29' m, a dw�.: nP] . Coral Bay Ridge- Lot 6 Randy Bryant- owncr, contractor NIS MIMS I, Randy Bryant, agree to remove a 22' section of bulkhead and install it where flagged by Coastal Management. Also, all fill waterward of the new wall must be moved to high ground and the bottom returned to original grade and contours. 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 $500.00 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. CASE STATUS CASE NUMBER LAST NAME FIRST NAME BUSINESS NAME i 3CP SETS QPEN BRYANT_.7 RANDY` w j Q yCASE IS CLOSED - Previous violations n Same AEC' ,NOV DATE.. , CLOSURE DATE Elapsed Days AFFLILIATION. SECTOR for $ImIIBY.AtIVIt1eS PROPERTY OWNS COMMERCIAL '.MAILINGADDRESS ^ CITY, STATE 'ZIPCODE PHONE NUMBER:, 1110 SPARTINA DR r3 BEAUFORT 4 NC 28516 j (252) 725 1817 •° ;� i .PROPER TY.ADDRESS %COMMUNITY',: WATERBOPY �,,.rNEARESi ROAD j'—"— LOT 6 CORAL BAY RIDGE ATLANTIC BEACH t BOGUE SOUND (r SALTER ATH ' `-'—'— , tt -DISTRICT OFFICE COUNTY DCM,REPRESENTATIVE LP CONTACT MHCDO 1CA—R`TE�RETT i HARDEMAN iy gJ O -q'EW ,[� `.,.TA •51?1 ES •.� PT AFFECTED AEC S W irJ -= S ' VIOLATION TYPE <' � ( ) _MAJOR CAMA plus DREDGE AND FILL ki ,{-OEA=RHEA ., [ HAQ,PWS .[]NCRA. NATURE OF'VIOLATIONj >AEC DESCRIPTION ,_ M Unauthorized major development and violation of the State Dredge & Fill Law by engaging in laid disturbing activity and constructing a bulkhead adjacent to Bogue Sound within the CW, EW, and ES AECs. t RESTORATION STATUS - - -.- - RESTORATION REQUEST DATE COMPLETION DATE %�. RES ORATiO E IRED t 4/30/2005 .�• �l^ ;,,[]'RESTORATION NOT REQUIRED CONTRACTOR _ " is ,RESTORATION, EXTENDED RESTORE DATE,, 0,'RESTORATION NOT REQUIRED PERMITTABLE DEVELOPMENT• DEADLINE �E)4TENDED RESTORATION. NOT REQUIRED - FURTHER IMPACTS.- • _,. EFERRED TO,AG'S�OFFICE ,: ? ❑C RESTORATION PENDING } - a REFERRED TO AO SOFFICE+ INJUNCTION -COLLECTION ,.",..". .. ASSESSMENT DATE PENALTY AMOUNT COLLECTION DATEAMOUNT' COLLECTED �. PENALTY ISSUED PENALTY NOT ISSUED WILLFUL INTENTIONAL PENALTY (MIN. OR DOUBLED) i1 ONOV ISSUED CONRACTOR'S FIRST OFFENSE ?U. SETTLED, AGREED UPON, OR STIPULATED PENALTY y^;`piENAL'TV APPEALED UNCOLLECTIBLE PENALTY -,FORMAL CPA ISSUED Violations, Involving Adversely Impacted lesources , ,,,,AMOUNT OF ADVERSELY DISTURBED AREA (SOFT.) , I , AMOUNT OF RESTORED AREA (SQ.,FT) ,, ^.NOTES Bryant has priors in CW & EW - see case no. 04-29C and related case 05-1 GC. DEPARTMENT OF THE ARMY WILMINGTON DISTRICT, CORPS OF ENGINEERS PO BOX 1890 WILMINGTON NC 28402-1890 March 24, 2005 Regulatory Division Action ED No. 200500572 and 200500571 Mr. Randy Bryant 1110 Spartina Drive Beaufort, North Carolina 28516 Dear Mr. Bryant: V /N p/tA Morehead LUU City DCM E 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 (NC Hlwy 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 16a' 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. &a 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; youare, 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 i Attorney with a recommendation for civil prosecution. If you have any questions or comments, please contact Mr. Sugg, Field Office, at (910) 251-4811. Sincerely, Keith A. Harris, Chief Wilmington Regulatory Field Copies Furnished (with enclosure): Mr. Mark Hardeman Ms. Donna Turner, Insp N.C. Division of Coastal Management Town of Atlantic Beach 400 Commerce Avenue Post Office Box 10 Morehead City, North Carolina 28557-3421 Atlantic Beach, North C control tering adjacent the receipt of efforts a on implemented tion to ;ads on Lots 3 :grity of any structure, the :tlands. 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 Wilmington, North Carolina 28405 s. Tere Barrett C. Division of Coastal Management 400 Commerce Avenue Morehead City, North Carolina 28557-3421 U.S. Attorney Eastern District. of North Carolina 310 New Bern 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 Ro; Raleigh, North Carolina Z Mr. Bill Smith Access Medical Developme 2304 Wesvill Court, Suite 3 Raleigh, North Carolina 27 Mr. Lee Smith, Planning Town of Atlantic Beach Post Office Box 10 Atlantic Beach, North Cz Mr. Scott Graybill Post Office Box 2267 Atlantic Beach, North Agency 28512 28512 _ r NCDENR ,d V 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 March 31, 2005 CERTIFIED MAIL RETURN RECEIPT REQUESTED Mr. Randy Bryant 1110 Spartina Drive Beaufort, NC 28516 RE: NOTICE OF VIOLATION AND REQUEST TO CEASE UNAUTHORIZED DEVELOPMENT - CAMA VIOLATION #05 - 12 C Dear Mr. Bryant: This letter confirms that on March 16, 2005, Mr. Mickey Sugg (USACE), Mr. Ryan Davenport (DCM Field Rep.), Mr. Jimmy Powell (your surveyor), Mr. Scott Graybill (current owner of Lot 6), and I were onsite at property you recently owned and developed at Lot 6, Coral Bay Ridge, adjacent to Bogue Sound, located in Atlantic Beach, off Salter Path Road, Carteret County. The purpose of the visit was to investigate unauthorized development in the Estuarine Shoreline, Estuarine Waters, and the Coastal Wetlands Area of Environmental Concern. A meeting onsite with the landowners and Coastal Management Representatives was conducted on February 22, 2005 to review the activity. 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.$.) 113A-1 18. 1 have information that indicates you have undertaken or are legally responsible for land disturbing activity (constructing a bulkhead including backfill in the AEC of which approximately 3' x 22' lies in Coastal Wetlands and 8' x 50' lies within the Section 404 Wetlands delineated by the USACE) on the aforementioned property. This activity took place in Coastal Wetlands, Estuarine Waters, and Estuarine Shorelines that are contiguous with Bogue Sound. Coastal Wetlands, Estuarine Waters, and Estuarine Shoreline 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 400 Commerce Avenue, Morehead City, North Carolina 28557 Phone: 252-808-28081 FAX: 252-247-33301 Internet: www.nccoastaimanagement.net An Equal Opportunity 1 Affirmative Action Employer — 50% Recycled 110% Post Consumer Paper Page 02 March 31, 2005 Coral Bay Ridge/Lot 6 - Randy Bryant 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 vio 113A-126). lation (N.C.G.S. It is the policy of the Coastal Resources Commission to levy a minimum civil lassessment of $500.00 not to exceed $2,500 against all violations of this type. This is done to rec up some of the costs of investigating violations and/or to compensate the public for any damag� 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 tq 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 an excavating or filling in any estuarine waters, tidelands, marshlands, or state-owned lakes pursuTnt 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 aH 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 construction of a bulkhead to include backfilling within the Coastal Wetlands, Estuarine Waters, and Estuarine Shoreline AECs, is not consistent with the aforementioned rules, which regulate the filling of wetlands. Therefore, I am requesting that restoration be required. , The enclosed Restoration Plan describes the action necessary to bring this project it with the Act. If you intend to cooperate with my request to remove a section of exi. and relocate it to the flagged area, and return all fill water ward of the new wall to the and contours, please sign one of the attached Restoration Agreements and return enclosed, self-addressed envelope within ten (10) days of receipt of this letter. Fai with this request or respond back to this office prior to the requested deadline with schedule for compliance will be interpreted as a refusal to cooperate and will result 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 complying with the requirements of these laws. A site inspection will be made in th determine whether this REQUEST TO CEASE AND DESIST has been complied that you contact me immediately. Thank you for your time and cooperation in resolving this important matter. If questions about this or related matters, please call me at 252-808-2808. Upon cc restoration as requested in the Restoration Plan Agreement to the satisfaction of Coastal Management, you will be notified as to the amount of the civil assessment f to compliance ting bulkhead original grade t to me in the ire to comply an acceptable in a Notice of assist you in sear future to th. I request )u have any )letion of the e Division of undertaking Page 03 March 31, 2005 Coral Bay Ridge/Lot 6 —Randy Bryant development without first obtaining the proper permit and/or development that is inconsistent with Coastal Resources Commission rules. Sincerely, / 'e 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 6, Coral Bay Ridge, Atlantic Beach, Carteret County Reb�.ia. of buhlued NaW r:29'.. .Wwww. hph[. Coral Bay Ridge- Lot 6 Randy Bryant - owner, contractor rvla WAS I, Randy Bryant, agree to remove a 22' section of bulkhead and install it where flagged by Coastal Management. Also, all fill waterward of the new wall must be moved to high ground and the bottom returned to original grade and contours. 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 $500.00 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. 20-Apr-05 NC DIVISION OF COASTAL MANAGEMENT ENFORCEMENT RECORD CASE STATUS �— CASE NUMBER LAST NAME FIRST NAME BUSINESS NAME: I 05-12C 1BRYANT IRANDY CASE IS CLOSED I'. NOV DATE CLOSURE DATE AFFLILIATION 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 JEEAUFORT f NC 28516- (252) 725-1817 PROPERTY ADDRESS COMMUNITY WATERBODY NEAREST ROAD LOT 6 CORAL BAY RIDGE 1ATLANTIC BEA IBOGUESOUND ISALTER PATH DISTRICT OFFICE COUNTY DCM REPRESENTATIVE LPO CONTACT MHCDO ICARTERET 1HARDEMAN I VIOLATION TYPE MAJOR CAMA plus DREDGE AND FILL NATURE OF VIOLATION AEC DESCRIPTION n CW /] EW ❑ PTA [] ES ❑ PTS OEA ❑ HHFA ❑ INA ❑ PWS ❑ NCRA i uthorized major development and violation of the State uredge & hill Law by engaging In land disturbing activity constructing a bulkhead adjacent to Bogue Sound within the CW, EW, and ES AECs. 'fRESTORATIONSTATUSI L- __ _ [] RESTORATION NOT REQUIRED - CONTRACTOR RESTORATION NOT REQUIRED - PERMITTABLE DEVELOPMENT RESTORATION NOT REQUIRED - FURTHER IMPACTS I RESTORATION PENDING RESTORATION REQUEST DATE COMPLETION DATE 4/30/2005 1_ RESTORATION EXTENDED RESTORE DATE ❑ DEADLINE EXTENDED ❑ REFERRED TO AG'S OFFICE - COLLECTION REFERRED TO AG'S OFFICE - INJUNCTION ASSESSMENT DATE PENALTY AMOUNT COLLECTION DATE AMOUNT COLLECTED PENALTY STATUS] - __. PENALTY ISSUED j ❑ PENALTY NOT ISSUED ❑ WILLFUL INTENTIONAL PENALTY (MIN. OR DOUBLED) j_j CNOV ISSUED CONRACTOR'S FIRST OFFENSE SETTLED, AGREED UPON, OR STIPULATED PENALTY ❑ PENALTY APPEALED UNCOLLECTIBLE PENALTY ❑, FORMAL CPA ISSUED Violations Involving Adversely Impacted Resources AMOUNT OF ADVERSELY DISTURBED AREA (SQ. FT.) 200 AMOUNT OF RESTORED AREA (SQ. FT) I NOTES Bryant - see case no. 04-29C. CTIM 20-Apr-05 NC DIVISION OF C AGEMENT ENFORCEMENT RECORD CASE SI CASE NUMBER LAST NAME • -I FIRST NAME BUSINESS NAME: 04-29C IBRYANT RANDY S.S.B. PROPERTIES CASE IS CLOSED AFFLILIATION SECTOR NOV DATE CLOSURE DATE PROPERTY OWNE COMMI-I Previous Violations in Same AEC ERCIAL for Similar Activities 7/29/2004 MAILING ADDRESS CITY STATE ZIP CODE PHONE NUMBER 1140 SPARTINA DR BEAUFORT NC 28516- PROPERTY ADDRESS COMMUNITY WATERBODY NEAREST ROAD EASTMAN CREEK LANDING BEAUFORT EASTMAN CREEK ISR 1161 DISTRICTOFFICE COUNTY DCM REPRESENTATIVE LPO CONTACT MHCDO ICARTERET ISHAVER �- i VIOLATION TYPE AFFECTED AEC(S)] n CW © EW [LJ PTA ❑ ES ❑ PTS MAJOR PERMIT CONDITION VIOLATION OEA ❑ HHFA ❑ IHA ❑ PWS ❑ NCRA NATURE OF VIOLATION AEC DESCRIPTION ICW,EW,PTA Violation of terms and conditions of State CAMA Permit no. 1 and specifications of the permit and approved plans. terms, RESTORATION STATUS ---------- i RESTORATION REQUEST DATE COMPLETION DATE J 8/28/2004 RESTORATION NOT REQUIRED - CONTRACTOR _ -. --, RESTORATION EXTENDED RESTORE DATE RESTORATION NOT REQUIRED - PERMITTABLE DEVELOPMENT - DEADLINE -I RESTORATION NOT REQUIRED -FURTHER IMPACTS EXTENDED ❑ RESTORATION PENDING REFERRED TO AG'S OFFICE - COLLECTION REFERRED TO AG'S OFFICE - INJUNCTION ASSESSMENT DATE PENALTY AMOUNT COLLECTION DATE AMOUNT COLLECTED '.PENALTY STATUS1 PENALTYISSUED _] PENALTY NOT ISSUED ,-1 WILLFUL _INTENTIONAL PENALTY (MIN. OR DOUBLED) �_ CNOV ISSUED 71 CONRACTOR'S FIRST OFFENSE J SETTLED, AGREED UPON, OR STIPULATED PENALTY PENALTY APPEALED UNCOLLECTIBLE PENALTY J FORMAL CPA ISSUED Violations Involving Adversely Impacted Resources AMOUNT OF ADVERSELY DISTURBED AREA (SO. FT.) �- AMOUNT OF RESTORED AREA (SO. FT) I NOTES Also see case no. 04-30C Monroe Johnson - contractor for Bryant. 10-Jan-06 NC DIVISION OF COASTAL MANAGEMENT ENFORCEMENT RECORD CASE NUMBER LAST NAME FIRST NAME BUSINESS NAME: O OS-12C JIBRYANT RANDY CASE IS CLOSED Previous Violations in Same NOV DATE CLOSURE DATE Elapsed Days gFFLILIATION SECTOR © AEC for Similar Activities 3/31/2005 273 PROPERTY OWNER JCOMMERCIAL MAILING ADDRESS CITY STATE ZIP CODE PHONE NUMBER 1110 SPARTINA DR BEAUFORT INC 28516- (252) 725-1817 PROPERTYADDRESS COMMUNITY WATERBODY NEAREST ROAD LOT 6 CORAL BAY RIDGE 1ATLANTIC BEACH IBOGUE SOUND ISALTER PATH R DISTRICT OFFICE COUNTY DCM REPRESENTATIVE 1-PO CONTACT MHCDO ICARTERET 1HARDEUN� VIOLATION TYPE AFFECTED AEC(S). Sd CW © EW ❑ PTA © ES ❑ PTS MAJOR CAMA plus DREDGE AND FILL ❑ OEA ❑ HHFA ❑ IHA ❑ PWS ❑ NCRA NATURE OF VIOLATION AEC DESCRIPTION utnorized 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 ❑ RESTORATION NOT REQUIRED - FURTHER IMPACTS ❑ RESTORATION PENDING RESTORATION REQUEST DATE COMPLETION DATE 4/30/2005 11 /712005 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 ASSESSMENT DATE PENALTY AMOUNT COLLECTION DATE AMOUNT COLLECTED V PEN Y.STATUS 11/8/2005 $1,300 12129/2005 $1,300 PENALTY ISSUED El PENALTY NOT ISSUED © WILLFUL & INTENTIONAL PENALTY (MIN. OR DOUBLED) ❑ CNOV ISSUED r—CNOV DATE ❑ CONRACTOR'S FIRST OFFENSE ❑ PENALTY APPEALED f—APPEAL DATE ❑ FORMAL CPA ISSUED F—FORMAL CPA DATE ❑ SETTLED. AGREED UPON, STIPULATED PENALTY I SETTLEMENT DATE ❑ UNCOLLECTIBLE PENALTY I UNCOLLECTIBLE DETERMINATION DATE Violations Involving Adversely Impacted Resources AMOUNT OF ADVERSELY DISTURBED AREA (SO. FT.) 200 AMOUNT OF RESTORED AREA (SQ. FT) 200 NOTES has priors in CW & EW - see case no. 04-29C and related case DEPARTMENT OF THE ARMY U.S. ARMY ENGINEER DISTRICT, WILMINGTON CORPS OF ENGINEERS PO BOX 1890 WILMINGTQN, INC 28402-1890 OFFICIAL BUSINESS 012N 620600 All$w.315 = 031241200t 03 Mailetl FrotP 2a us POSTA!_ � Ms. Tere Barrett N.C. Division of Coastal Management 400 Commerce Avenue Morehead City, North Carolina 28557-3421 aa3sa+soz� 07 Irrlrll ii,ililirl,liliirli,lliririfit lifill llllilrlliiliifill ea 0 / ■ 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 penults. 1. Article Addressed to: Mr. Randy Bryant 1110 Spartina Drive Beaufort, NC 28516 01 13. Asceivetl ",teal Nmnel \ \ C. of golly J l CA Iv /�/0(/ LS D. Is deliveryaddress different from Rear 17 OYbS If YES, enter delivery address below: ❑ No I i 3. Service Type ❑ Certified Mail ❑ Express Mall ❑ Registered ❑ Return Receipt for Merchandise ❑ Insured Mail ❑ C.O.D. 4. Restricted Delivery? (Extra Feel ❑ Yes 2. Article Number 7005 1160 0003 1594 2066 (Transferrmm service label) - _.. _.....__ J �I; PS Form 3811, February 2004 Domestic Return Receipt UNITED STATES POSTAL SERVI Firm-Otass Mail Postage 8 Fees Paid USPS Permit No. G-10 • 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 f* "j14 It. It III IIIIIIIIIIIIflit IttIII IIII fill III III lit lllltIIllilt UNITED STATES POSTAL SERVICE Firbt-Class Mail Postage & Fees Paid USPS Permit No. G10 • Sender; Please print your name, address, and ZIP+4 in this box N.C. Division of Coastal Management 400 C6mmerce Avenue Morehead City, N.C. 28557 808-2808 o� I�rl�ll��l�rl�l��ltlr{���I��Il�rl��l��l�l���{Ill���llrr��rll�l ■ 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: Imo, UA � 0. Is delivery address different from item 17 u Yes If YES, enter delivery address below: ❑ No 3. =Type ified Mail ❑/Express Mail ❑ Registered tl Retum Receipt for Merchandise 0 Insured Mail ❑ C.O.D. 4. Ressicted Delivey! (Ex" Fee) I 2. Article Number 7004 2890 0003 8042 0188 II (riansfier from SeMce lah— ❑ Yes Ps Form 3811, February 2004 Domestic Return Receipt tozses- -M-1e