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HomeMy WebLinkAbout05-47C BryantARA NCDENR North Carolina Department of Environment and Natural Resoul Division of Coastal Management Michael F. Easley, Governor Charles S. Jones, Director William C 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, #05-120, and #05-47C Dear Mr. Bryant: PQ-6 Ross Jr., Secretary Act 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 $70 .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 Opportunity \ Affirmative Action Employer — 50% Recycled \ 10% Post Consumer DCM ENFORCEMENT TRACKING i EPORT Issuer �1 Field Rep. M19eK tong. j1 mRJ Violation Base No. A B C D LPO :va-rr m Y 6ro-tlo r Violated Permit 1�7 g!D 3 LPJ \ �Y a of (if applicable) li Violation Description Was activity pe mittable? / No Initial Discovery Date Ia,_aq_65 Discovery Method 7r r%d bi LP0 Violation Description P $UIIbNC) a II- �OQrdwalk ivi400f r2iADf/7,CL Om Respondent Information Prior Violations in same AEC: ee,0 No Case Number Q5-q-76-01 Respondent Name(s) R#AA1 l i3rVaA,%t (Landowner/Agent/Contractor) Address L I L 5ea We 'Dr City Mewpay+ St Ite NC. Zip 17/f5rj Phone# 259-71-6-)$27 Fax# I Email Violation Type: Project Type: Authorizations Required: Site Visits Responden Site Visits Respondent oPermit Private/Community 40 (CAD /2-29-05 Present 1�L0 Present Permit Condition Govt./Public Minor D&F Expired Permit Commercial General Inconsistent vil Rules Violation Location and Site Description Rover File Project Location: County C-ntz ER6r e-D Shoreline Length Street Address/ State Road/ Lot #(s) SAV: Not Sure Yes Sandbags: Not Sure Yes Subdivision Ea4,,? i Creek Lgv,oIAJ PNA: (D No Adjacent City ReaV1JOYJL Zip 045/, ORW: Yes 10 Adjacent Phone # U52) 7 River Basin W%h - ,O . Crit. Hat. Photos Yes 10 & No Adj. Wtr. Body Ea5&a. C'ree-L' Oman /unkn) Waiver Required Yes Closest Maj. Wtr. Body /30f ue SOLwdl In DWQ Buffer Area Yes o /tlewpor� �ive.� r Restoration NOV Date Initial Req. Comp. Date Extension G anted Yes No Restoratior Letter CNOV Date Date Comp. Observed Acceptanct Date Penalty Assessment 7J.0409 Ref. Recom . Assess. DCM Assess. Sent to Respondent Date App./Permit Fee $ $ Rcvd, by Dist. Mgr. Date Penalty (,$ 396 d� $ QS Joey ;�,y Willful/Intent. Assessment Extended Yes No �'pi�\� $ 356 J r r �-= $ Continuing $ $ Other $ $ Total -70 00 -- i 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? Y� No If yes, which types: ® EW PTA ® PTS OEA HHF IH SS LS TY DS SY ® SS SC SP 404 PWS: FC: Restoration Required by the Respondent Yes /(° Dimensions in excess Dimensions to restore of permit/ unauthorized activities Development Activities Habitat Description NOTES: Closing S Final dimensions allowed Payment Received $ Date Date Case Closed Actually restored I NCDENR North Carolina Department of Environment and Natural Resoui ces Division of Coastal Management Michael F. Easley, Governor Charles S. Jones, Director William G. Ross Jr., Secretary NOTICE OF VIOLATION 29 December 2005 U-1V �7 T I.-l5 S.S.B. Properties, LLC c/o Mr. Randy Bryant 622 Sea Gate Drive Newport, NC 27455 RE: NOTICE OF VIOLATION AND REQUEST TO CEASE UNAUTHORIZED DEVE OPMENT CAMA VIOLATION #05-47C —Eastman Creek Landing Dear Mr. Bryant: This letter confirms that on 29 December 2005, 1 was onsite at your property located at the Eastman Creek Landing subdivision common area adjacent to Eastman Creek located in or near Beaufort, off SR 1161, Carteret County, North Carolina. The purpose of the visit was to investigate unauthorized development of two (2) wooden boardwalks over the marsh adjacent to Eastman Creek. This letter also confirms our phone conversations from 28 December 2005. Although there is a State Permit Number 18-04 issued to the subdivision development, there has been no modification approved for the additional development of the subject boardwalks. Information gathered by me for the Division of Coastal Management indicates that yoti 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 liobtaining 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 construction of a ±6' by ±700' and a ±6' by ±40'wooden boardwalks on the aforementioned property. This activity took place in Coastal Wetlands and the Coastal Shoreline that are contiguous with Eastman Creek. ICoastal Wetlands and Coastal Shoreline areas are designated as Areas of Environmental Concern (AE�). No 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. I request that you immediately CEASE AND DESIST any further unauthorized activities Iwithin designated Areas of Environmental Concern. A civil assessment of up to $2,500 may be assessed a ainst 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). 400 Commerce Avenue, Morehead City, North Carolina 28557 Phone: 252-808-2808 \ FAX: 252-247-3330 \ Internet: www.nccoastalman An Equal Opportunity \ Affirmative Action Employer — 50% Recycled 110% Post Consumer S.S.B. Properties, LLC c/o Mr. Randy Bryant 29 December 2005 Page 2 of 2 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. 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. Based upon review of the Coastal Area Management Act, Coastal Resource Commission's rules, and the local jurisdiction's Land Use Plan, the activity you have undertaken appears consistent with the guidelines for Areas of Environmental Concern. Therefore, restoration of the impacted area is not requested at this time. However, please be advised that upon request, you must be able to provide us proof that you have given your adjacent riparian property owner(s) notice of this unauthorized development and provided them the opportunity to comment to the Division of Coastal Management. Should you be requested to provide this documentation, you must provide confirmation that a written statement has been obtained, signed by the adjacent riparian property owners, indicating that they have no objection to the completed work; or you must provide confirmation that the adjacent riparian property owners have been notified by certified mail of the completed work. This notice shall instruct adjacent property owners to provide any comments on the completed development in writing to this Division within ten (10) days of receipt of the notice and shall indicate that no response from them will be interpreted as not having any objection. Thank you for your time and cooperation in -resolving this important matter. If you have any questions about this or related matters, please call me at (252) 808-2808. Upon my submission of an enforcement report to the District Manager, you will be notified as to the amount of a civil assessment for undertaking development without first obtaining the proper permit(s). The relevant statutes and regulations are available from this office, and I am willing to assist you in complying with the requirements of these laws. A site inspection will be made in the near future to determine whether this REQUEST TO CEASE AND DESIST has been complied with. I request that you contact me immediately about these important matters. Sincerely, Mark Hardeman Coastal Management Representative Cc: Ted Tyndall, Assistant Director, DCM Tere Barrett, District Manager, DCM Roy Brownlow, Compliance Coordinator, DCM Henry Wicker, USCOE ENCLOSURE 400 Commerce Avenue, Morehead City, North Carolina 28557 Phone: 252-808-2808 \ FAX: 252-247-3330 \ Internet: www.nccoastalmanagement.net An Equal Opportunity \ Affirmative Action Employer — 50% Recycled \ 10% Post Consumer Paper 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 29 December 2005 HAND DELIVERY S.S.B. Properties, LLC c/o Mr. Randy Bryant 622 Sea Gate Drive Newport, NC 27455 RE: NOTICE OF VIOLATION AND REQUEST TO CEASE UNAUTHORIZED DEVELOPMENT CAMA VIOLATION #05-47C — Eastman Creek Landing Dear Mr. Bryant: This letter confirms that on 29 December 2005, 1 was onsite at your property located at the Eastman Creek Landing subdivision common area adjacent to Eastman Creek located in or near Beaufort, off SR 1161, Carteret County, North Carolina. The purpose of the visit was to investigate unauthorized development of two (2) wooden boardwalks over the marsh adjacent to Eastman Creek. This letter also confirms our phone conversations from 28 December 2005. Although there is a State Permit Number 18-04 issued to the subdivision development, there has been no modification approved for the additional development of the subject boardwalks. 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-1 18. I have information that indicates you have undertaken or are legally responsible for construction of a t6' by ±700' and a t6' by t40'wooden boardwalks on the aforementioned property. This activity took place in Coastal Wetlands and the Coastal Shoreline that are contiguous with Eastman Creek. Coastal Wetlands and Coastal Shoreline areas are designated as Areas of Environmental Concern (AEC). No 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. I request that you immediately CEASE AND DESIST any further unauthorized activities within designated Areas of Environmental Concern. A civil assessment of up to $2,500 may be assessed against any violator. Each day that the development described in this notice is continued or repeated may constitute a separate violation that is subject to an additional assessment of up to $2,500. An injunction or criminal penalty may also be sought to enforce any violation (N.C.G.S. 11 3A-1 26). 400 Commerce Avenue, Morehead City, North Carolina 28557 Phone: 252-808-28081 FAX: 252-247-33301 Internet: www.necoastalmanagement.net An Equal Opportunity I Affirmative Action Employer — 50% Recycled 110% Post Consumer Paper S.S.B. Properties, LLC c/o Mr. Randy Bryant 29 December 2005 Page 2 of 2 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. 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 higoer amount will be assessed depends on several factors, including the nature and area of the resources {hat were affected and the extent of the damage to them. Based upon review of the Coastal Area Management Act, Coastal Resource Commission's rules, and the local jurisdiction's Land Use Plan, the activity you have undertaken appears consistent kith the guidelines for Areas of Environmental Concern. Therefore, restoration of the impacted area is nod requested at this time. However, please be advised that upon request, you must be able to provide us ptoof that you have given your adjacent riparian property owner(s) notice of this unauthorized development and provided them the opportunity to comment to the Division of Coastal Management. Should you be requested to provide this documentation, you must provide cionfirmat'on that a written statement has been obtained, signed by the adjacent riparian property owners, indicating that they have no objection to the completed work; or you must provide confirmation that the adjacent riparian property owners have been notified by certified mail of the completed work. This notice shall instruct adjacent property owners to provide any comments on the completed development in writing to this Division within ten (10) days of receipt of the notice and shall indicate that no response from them will �be interpreted as not having any objection. Thank you for your time and cooperation in resolving this important matter. If you halve any questions about this or related matters, please call me at (252) 808-2808. Upon my submission of an enforcement report to the District Manager, you will be notified as to the amount of a civil assessment for undertaking development without first obtaining the proper permit(s), The relevant statutes and regulations are available from this office, and I am willin complying with the requirements of these laws. A site inspection will be made in determine whether this REQUEST TO CEASE AND DESIST has been complied with. contact me immediately about these important matters. Sincerely, 7&k 4 Mark Hardeman Coastal Management Representative Cc: Ted Tyndall, Assistant Director, DCM Tere Barrett, District Manager, DCM Roy Brownlow, Compliance Coordinator, DCM Henry Wicker, USCOE ENCLOSURE 400 Commerce Avenue, Morehead City, North Carolina 28557 Phone: 252-808-28081 FAX: 252-247-33301 Internet: www.nccoastalmar to assist you in near future to request that you An Equal opportunity 1 Affirmative Action Employer-50% Recycled 110% Post w NCDENR North Carolina Department of Environment and Natural Resources Division of Coastal Management Michael F. Easley, Govemor Charles S. Jones, Director William G. 29 December 2005 HAND DELIVERY S.S.B. Properties, LLC c/o Mr. Randy Bryant 622 Sea Gate Ddve Newport, NC 27455 RE., CAMA VIOLATION #05-47C Dear Mr. Bryant: This letter is in reference to the Notice of Violation dated 29 December 2005 that representative for the Division of Coastal Management, issued to you for the unauthorizec wooden boardwalk at Eastman Creek Landing subdivision, Carteret County. The violatio Wetlands and the Coastal Shoreline, which are Areas of Environmental Concern designa Resources Commission. Based upon the site visit conducted on 29 December 2005 b) restoration is not requested by the Division of Coastal Management. The Coastal Area Management Act provides that a civil assessment of up to $2,500 may b violation. It is the policy of the Coastal Resources Commission to assess a civil penalty order to recover some of the costs of investigating violations and/or to compensate the put to its natural resources. Please be reminded that you have been issued four (4) priorNi for the same orsimilar activity in the same AECs. Pursuant to the North Carolina Admir 15A, subchapter 7J .0409(f)(4)(E)(ii), the amount of the civil assessment proposed agains repetitiveness of your noncompliance with the Coastal Area Management Act (CAMP Resource Commission's rules. Under the rules of the Coastal Resource Commission, a proposed civil penalty in the am appropriate forthis violation. You may expeditiously resolve this matter priorto the assessn penalty by accepting responsibility for the violation and paying the amount proposed above. you must: (1) sign one of the attached copies of an "Agreement to Pay Civil Assessment;" (, money order for $700.00 made payable to the North Carolina Department of Environ Resources (NCDENR); and, (3) return the signed agreement and payment to this office in addressed envelope within ten (10) days of your receipt of this letter. Upon deposit of Department's account, you will receive a Notice of Compliance officially closing this er 400 Commerce Ave., Morehead City, North Carolina 28557 Phone: 252-808-28081 FAX: 252-247-33301 Internet: www.nccoastalma Jr., Secretary Mark Hardeman, development of a i involved Coastal ed by the Coastal Mark Hardeman, assessed for any rr all violations in for any damage ice of Violations ;trative Code, Title rou will reflect the and the Coastal Int of $700.00 is nt of a formal civil i order to do this, attach a check or ant and Natural e enclosed, self- )ur check in the Ircement action. An Equal Opportunity1 Affirmative Action Employer-50% Recycled 110% Post Consumer S.S.B. Properties, LLC c/o Mr. Randy Bryant 29 December 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. Ifyou have do not hesitate to contact me at (252) 808-2808. Sincerely, R Roy Brownlow, Compliance Coordinator for Tere Barrett, District Manager Division of Coastal Management Enclosures cc: Ted Tyndall, Assistant Director, DCM Tere Barrett, District Manager, DCM Mark Hardeman, Coastal Management Representative, DCM Henry Wicker, USCOE 400 Commerce Ave., Morehead City, North Carolina 28557 Phone: 252-808-28081 FAX: 252-247-33301 Internet: www.nccoastalme questions, please An Equal Opportunity (Affirmative Action Employer-50% Recycled 110% Post Consumer Paper e�� w NCDENR North Carolina Department of Environment and Natural Division of Coastal Management Michael F. Easley, Governor S.S.B. Properties, LLC clo Mr. Randy Bryant 622 Sea Gate Drive Newport, NC 27455 Charles S. Jones, Director 29 December 2005 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 Ross Jr., Secretary Act 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 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 Opportunity1Affirmative Action Employer— 50% Recycled 110% Post Consumer Paper NC®ENR North Carolina Department of Environment and Natural Resources Division of Coastal Management Michael F. Easley, Governor Charles S. Jones, Director William G. 29 December 2005 HAND DELIVERY S.S.B. Properties, LLC c/o Mr. Randy Bryant 622 Sea Gate Drive Newport, NC 27455 RE; CAMA VIOLATION #0547C Dear Mr. Bryant: This letter is in reference to the Notice of Violation dated 29 December 2005 tf representative for the Division of Coastal Management, issued to you for the unauthori; wooden boardwalk at Eastman Creek Landing subdivision, Carteret County. The viola Wetlands and the Coastal Shoreline, which are Areas of Environmental Concern desig Resources Commission. Based upon the site visit conducted on 29 December 2005 restoration is not requested by the Division of Coastal Management. The Coastal Area Management Act provides that a civil assessment of up to $2,500 may t violation. It is the policy of the Coastal Resources Commission to assess a civil penalty order to recover some of the costs of investigating violations and/or to compensate the pul to its natural resources. Please be reminded that you have been issued four (4) prior N for the same or similar activity in the sameAECs. Pursuant to the North Carolina Admir 15A, subchapter 7J .0409(f)(4)(E)(ii), the amount of the civil assessment proposed agains repetitiveness of your noncompliance with the Coastal Area Management Act (CAME Resource Commission's rules. Under the rules of the Coastal Resource Commission, a proposed civil penalty in the ami appropriate for this violation. You may expeditiously resolve this matter prior to the assessrr penalty by accepting responsibility for the violation and paying the amount proposed above. you must: (1) sign one of the attached copies of an "Agreement to Pay Civil Assessment;' (f money order for $700.00 made payable to the North Carolina Department of Environ Resources (NCDENR); and, (3) return the signed agreement and payment to this office in addressed envelope within ten (10) days of your receipt of this letter. Upon deposit of Department's account, you will receive a Notice of Compliance officially closing this er 400 Commerce Ave., Morehead City, North Carolina 28557 Phone: 252-808-2808 \ FAX: 252-247-3330 \ Internet: www.nccoastalma Jr., Secretary Mark Hardeman, development of a i involved Coastal ed by the Coastal Mark Hardeman, assessed for any or all violations in is for any damage Lice of Violations atrative Code, Title you will reflect the and the Coastal unt of $700.00 is ;nt of a formal civil In order to do this, I attach a check or lent and Natural \e enclosed, self- rour check in the orcement action. An Equal Opportunity \ Affirmative Action Employer - 50% Recycled \ 10% Post Consumer S.S.B. Properties, LLC c/o Mr. Randy Bryant 29 December 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, Roy Brownlow, Compliance Coordinator for Tore Barrett, District Manager Division of Coastal Management Enclosures cc: Ted Tyndall, Assistant Director, DCM Tore Barrett, District Manager, DCM Mark Hardeman, Coastal Management Representative, DCM Henry Wicker, USCOE 400 Commerce Ave., Morehead City, North Carolina 28557 Phone: 252-808-2808 \ FAX: 252-247-3330 \ Internet: www.necoastalmanagement.net An Equal Opportunity \ Affirmative Action Employer — 50% Recycled \ 10% Post Consumer Paper S.S.B. Properties, LLC c/o Mr. Randy Bryant Page 3 of 3 CAMA VIOLATION #05.47C S.S.B. PROPERTIES, LLC C/O MR. RANDY BRYANT AGREEMENT TO PAY PROPOSED CIVIL ASSESSMENT I understand that the staff of the Department of Environment and Natural Resource assessment of a civil penalty in the amount of $700.00 against S.S.B. Properties in care c the Coastal Area Management Act, NCGS 113A-100 et sec, committed on or near my p Creek Landing Subdivision common area in Carteret County, North Carolina. In order to with no further action or expense on my part, I accept responsibility for the violation as des of Violation letter dated 29 December 2005, and agree to pay the proposed civil DATE SIGNATURE ADDRESS TELEPHONE NUMBER 400 Commerce Ave., Morehead City, North Carolina 28557 Phone: 252-808-2808 \ FAX: 252-247-3330 \ Internet: www.nccoastalma will propose the me for violation of perty at Eastman ssolve this matter ted in the Notice nt of $700.00. An Equal Opportunity \ Affirmative Action Employer — 50% Recycled \ 10% Post Consumer 1O-Jan-06 NC DIVISION OF COASTAL MANAGEMENT ENFORCEMENT RECORD CASE STATUS] CASE NUMBER LAST NAME FIRST NAME BUSINESS NAME: ,! CASE IS OPEN 6747C IBRYANT RANDY S.S.B. PROPERTIES, LLC i CASE IS CLOSED I Previous Violations in Same NOV DATE CLOSURE DATE Elapsed Days AFFLILIATION SECTOR AEC for Similar Activities 1 V29/2005 1PROPERTY OWNER COMMERCIAL MAILING ADDRESS CITY STATE ZIP CODE PHONE NUMBER 622 SEA GATE DR NEWPORT NC 27455- F PROPERTY ADDRESS COMMUNITY WATERBODY NEAREST ROAD EASTMAN CREEK LANDING BEAUFORT INEWPORT RIVER SR 1161 DISTRICT OFFICE COUNTY DCM REPRESENTATIVE LPO CONTACT MHCDO CARTERET 1HARDEMAN F_ VIOLATION TYPE �FFECTEDAEC(S)� N] CW [1 EW _1 PTA ti� ES 1-1 PTS MAJOR CAMA ;- 1 OEA I J HHFA ❑ IHA ❑ PWS j_ J NCRA NATURE OF VIOLATION AEC DESCRIPTION unautnorized major development by constructing a two (2) wooden boardwalks within the CW and ES AECs adjacent to Eastman Creek contiguous with the Newport River. RESTORATION STATUS RESTORATION REQUEST DATE COMPLETION DATE rJ RESTORATION REQUIRED--- ['I RESTORATION NOT REQUIRED - CONTRACTOR RESTORATION NOT REQUIRED - PERMITTABLE DEVELOPMENT ❑ RESTORATION NOT REQUIRED- FURTHER IMPACTS j RESTORATION PENDING RESTORATION EXTENDED RESTORE DATE ❑ DEADLINE EXTENDED ❑ REFERRED TO AG'S OFFICE - INJUNCTION INJUNCTION REFER DATE. F_ El REFERRED TO AG'S OFFICE - COLLECTION r COLLECTION REQUEST DATE: I PENALTY STATUS ASSESSMENT DATE PENALTY AMOUNT COLLECTION DATE AMOUNT COLLECTED 12/29/2005 $700 12/29/2005 $700 V PENALTYISSUED WILLFUL &INTENTIONAL PENALTY (MIN. OR DOUBLED) ❑ PENALTY NOT ISSUED ❑ CNOV ISSUED F—CNOV DATE jj CONRACTOR'S FIRST OFFENSE ❑PENALTY APPEALED F APPEAL DATE ❑ FORMAL CPA ISSUED r FORMAL CPA DATE ❑ SETTLED. AGREED UPON. STIPULATED PENALTY r—SETTLEMENT DATE ❑ UNCOLLECTIBLE PENALTY f—UNCOLLECTIBLE DETERMINATION DATE Violations Involving Adversely Impacted Resources AMOUNT OF ADVERSELY DISTURBED AREA (SO. FT.) �— AMOUNT OF RESTORED AREA (SQ. FT) NOTES