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HomeMy WebLinkAbout05-09C BunnNCDENR North Carolina Department of Environment and Natural Re rurces Division of Coastal Management Michael F. Easley, Governor Charles S. Jones, Director William G. Ross Jr., Secretary May 17, 2005 Fred Bunn 2231 Nash St. NW, Suite D Wilson, NC 27896 RE: Payment of Proposed Penalty for Violations of the Coastal Area Management Act, Committed in Carteret County CAMA Violation # 05-06C Dear Mr. Bunn: This letter will acknowledge receipt of your check #23782, in the amount of $500.00, and dated May 16, 2005. Once the amount of the check is credited to the Department of Environment and Natural Resources' account, this matter will be fully and completely closed. If you have any further questions concerning this matter, please contact me at my Morehead City office, (252) 808-2808. Sincerely, ^Ci /JICt`: ri%�1 Tere Barrett District Manager TB/Isb cc: Roy Brownlow, Compliance Coordinator Ted Tyndall, Asst. Director Mark Hardeman, Coastal Management Rep. Henry Wicker, COE 151-B Hwy. 24, Hestron Plaza Il, Morehead City, North Carolina 28557 Phone: 252-808-28081 FAX: 252-247-33301 Internet: hftp://dcm2.enr.state.nc.us M An Equal Opportunity 1 Affirmative Action Employer— 50%, Recycled 110% Post Consumer Paper 01 ARA NCDENR North Carolina Department of Environment and Natural Division of Coastal Management Michael F. Easley, Governor Charles S. Jones, Director May 17, 2005 Fred Bunn 2231 Nash St. NW, Suite D Wilson, NC 27896 Resources William G. Ross Jr., Secretary RE: Payment of Proposed Penalty for Violations of the Coastal Area Management Act, Committed in Carteret County CAMA Violation # 05-06C Dear Mr. Bunn: This letter will acknowledge receipt of your check #23782, in the amount of $500.00, and dated May 16, 2005. Once the amount of the check is credited to the Department of Environment and Natural Resources' account, this matter will be fully and completely closed. If you have any further questions concerning this matter, please contact me at my Morehead City office, (252) 808-2808. Sincerely, Tere Barrett District Manager TB/lsb cc: Roy Brownlow, Compliance Coordinator Ted Tyndall, Asst. Director Mark Hardeman, Coastal Management Rep. Henry Wicker, COE 151-8 Hwy. 24, Hestron Plaza II, Morehead City, North Carolina 28557 Phone: 252-808-28081 FAX: 252-247-33301 Internet: http://dcm2.enr.state.nc.us An Equal Opportunity k Affirmative Action Employer — 50%, Recyded k 10% Post Consumer Paper M Fred Bunn May 11, 2005 Page 3 of 3 CAMA VIOLATION #05-06C AGREEMENT TO PAY PROPOSED CIVIL ASSESSMENT I understand that the staff of the Department of Environment and Natural Resources will propose the assessment of a civil penalty in the amount of $500.00 against me for violation of the Coastal Area Management Act, NCGS 113A-100 et seMc , committed on or near my property at 101 Salter Path Road, Pine Knoll Shores, in Carteret County, North Carolina. In order to resolve this matter with no further action or expense on my part, I accept responsibility for the violation as described in the Notice of Violation letter dated 2/28/05, and agree to pay the proposed civil assessment of $500.00. S (5 b.( 2�-to �5 DATE SIGNATURE 11,31 G.� A,-k - ADDRESS �sz-34)q-11I7 TELEPHONE NUMBER 400 Commerce Drive, 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 le — Fred Bunn May 11, 2005 Page 3 of 3 CAMA VIOLATION #05.06C AGREEMENT TO PAY PROPOSED CIVIL ASSESSMENT I understand that the staff of the Department of Environment and Natural Resources will propose the assessment of a civil penalty in the amount of $500.00 against me for violation of the Coastal Area Management Act, NCGS 113A-100 et sec , committed on or near my property at 101 Salter Path Road, Pine Knoll Shores, in Carteret County, North Carolina. In order to resolve this matter with no further action or expense on my part, I accept responsibility for the violation as described in the Notice of Violation letter dated 2/28/05, and agree to pay the proposed civil assessment of $500.00. Srf/o✓ DATE /� A't�A�" SIGNATURE Zz.3/ c>r/1u ADDRESS -ys2,, .--? � g ,- // I 7 TELEPHONE NUMBER 400 Commerce Drive, Morehead City, North Carolina 28557 Phone: 252-808-2808 \ FAX: 252-247-3330 \ Internet: www.nocoastaimanagement.net An Equal Opportunity \ Affirmative Action Employer— 50% Recycled \ 10% Post Consumer Paper UNITED STATES POSTAL SERVICE I) I US FirPostage st-ClassN Peo.G-'DFees Paid • Sender: Please print your name, address, and ZIP+4 in this box N.C. Division of Coastal Management 400 Commerce Avenue Morehead City, N.C. 28557 808-2808 ■ 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: MfZ. FaEn B&WAI 220 7- L W45T- 9AS11 SrP-&W"+- h!/OSaN, nl C Z7JIF( A. e ❑ Agent Xsig ❑ Addre B. Received by ( Printed Name) C^Date y} Del D. Is delivery address different from Item 1? 0 Y If YES, enter delivery address below: No 3. Service Type ,"Venlfled Mall 0 Express Mail 0 Regist@red �etum Receipt for Merchandise ❑ Irourecj.Mail ❑ C.O.D. 4. RestrktecID411vert? (Extra Fee) ❑ Yes 2. Ar1jig"umber -7004 2*,,OOa�V8042 0690 (/may W Oom se'rvke lebeQ. PS Form 3811, February 2004 Domestic Return Receipt 102595-02-M-1540 ARA 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 April 29, 2005 Mr. Fred Bunn 2207-D West Nash Street Wilson, NC 27896 RE:RESTORATION ACCEPTANCE - CAMA VIOLATION #05-06C Dear Mr. Bunn: This letter is in reference to the Notice of Violation # 05-06C sent to you dated February 28, 2005 for violating the terms and conditions of State Permit No. 40-02 within the Ocean Hazard Area of Environmental Concern adjacent to the Atlantic Ocean. The violation took place on your property located at 101 Salter Path Road, located in Pine Knoll Shores, Carteret County, North Carolina. This unauthorized activity in conjunction with the installation of a hot tub on the primary dune constituted development and you were requested to remove all piping placed within the primary dune in the Ocean Hazard Area and repair the dune through the replacement of all excavated sand with sand of the same general characteristics as the sand at the site. In accordance with the North Carolina Administrative Code, Title 15A, Subchapter 7J.0410, any violation involving development which is inconsistent with guidelines for development within Areas of Environmental Concern (AEC) must be corrected by restoring the project site to pre -development conditions to recover lost resources or to prevent further resource damage. I conducted a site visit at the aforementioned property on April 27, 2005 to inspect the restoration of the unauthorized activity addressed in the Notice of Violation # 05-06C. Based on this inspection, it appears the restoration is accomplished to the satisfaction of this Division. Upon my submission of an enforcement report, you will be notified as to the amount of the civil penalty for undertaking this unauthorized activity within an Area of Environmental concern. Thank you for your attention and cooperation in this matter. If you have any questions pertaining to this matter, please feel free to call me at (252) 808-2808. Sincerely, � Stephen Lane Coastal Management Representative Cc: Ted Tyndall, Assistant Director, DCM Tere Barrett, District Manager, DCM Roy Brownlow, Compliance Coordinator, DCM Chris Jones, LPO, Town of Pine Knoll Shores 400 Commerce Avenue, Morehead City, North Carolina 28557 Phone: 252-808-2808 \ FAX: 252-247-3330 \ Internet: www.nocoastalmanagement.net An Equal Opportunity \ Affirmative Action Employer— 50% Recycled \ 10°/, Post Consumer Paper ti I"/& 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 May 11, 2005 CERTIFIED MAIL RETURN RECEIPT REQUESTED Mr. Fred Bunn 2207-D West Nash Street Wilson, NC 27896 RE: CAMA VIOLATION #05.06C Dear Mr. Bunn: This letter is in reference to the Notice of Violation dated 2/28/05 that Mr. Stephen Lane, Coastal Management Representative for the Division of Coastal Management, issued to you for excavation of a primary dune adjacent to the Atlantic Ocean, located at 101 Salter Path Road, Pine Knoll Shores, Carteret County. The violation involved the Ocean Hazard Area, which is an Area of Environmental Concern designated by the Coastal Resources Commission. Based upon the site visit conducted on 4/27/05 by Mr. Lane, the restoration requested appears to be 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. Under the rules of the Coastal Resource Commission, a proposed civil penalty in the amount of $500.00 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 $500.00 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 Drive, 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 Fred Bunn May 11, 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. Sincerelt'4—� y,, Tere Barrett, District Manager Division of Coastal Management Enclosures cc: Ted Tyndall, Assistant Director, DCM Roy Brownlow, Compliance Coordinator, DCM Stephen Lane, Coastal Management Representative, DCM Chris Jones, LPO r 400 Commerce Drive, 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 7 ,.; Fred Bunn May 11, 2005 Page 3 of 3 CAMA VIOLATION #05.06C AGREEMENT TO PAY PROPOSED CIVIL ASSESSMENT I understand that the staff of the Department of Environment and Natural Resources will propose the assessment of a civil penalty in the amount of $500.00 against me for violation of the Coastal Area Management Act, NCGS 113A-100 et sec, committed on or near my property at 101 Salter Path Road, Pine Knoll Shores, in Carteret County, North Carolina. In order to resolve this matter with no further action or expense on my part, I accept responsibility for the violation as described in the Notice of Violation letter dated 2128/05, and agree to pay the proposed civil assessment of $500.00. DATE SIGNATURE ADDRESS TELEPHONE NUMBER 400 Commerce Drive, 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 Q Fred Bunn May 11, 2005 Page 3 of 3 CAMA VIOLATION #05.06C AGREEMENT TO PAY PROPOSED CIVIL ASSESSMENT I understand that the staff of the Department of Environment and Natural Resources will propose the assessment of a civil penalty in the amount of $500.00 against me for violation of the Coastal Area Management Act, NCGS 113A-100 et sec, committed on or near my property at 101 Salter Path Road, Pine Knoll Shores, in Carteret County, North Carolina. In order to resolve this matter with no further action or expense on my part, I accept responsibility for the violation as described in the Notice of Violation letter dated 2/28/05, and agree to pay the proposed civil assessment of $500.00. DATE SIGNATURE ADDRESS TELEPHONE NUdrIBER 400 Commerce Drive, 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 110% Post Consurer Paper 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 April 29, 2005 Mr. Fred Bunn 2207-D West Nash Street Wilson, NC 27896 RE:RESTORATION ACCEPTANCE — CAMA VIOLATION #05-06C Dear Mr. Bunn: This letter is in reference to the Notice of Violation # 05-06C sent to you dated February 28, 2005 for violating the terms and conditions of State Permit No. 40.02 within the Ocean Hazard Area of Environmental Concern adjacent to the Atlantic Ocean. The violation took place on your property located at 101 Salter Path Road, located in Pine Knoll Shores, Carteret County, North Carolina. This unauthorized activity in conjunction with the installation of a hot tub on the primary dune constituted development and you were requested to remove all piping placed within the primary dune in the Ocean Hazard Area and repair the dune through the replacement of all excavated sand with sand of the same general characteristics as the sand at the site. In accordance with the North Carolina Administrative Code, Title 15A, Subchapter 7J.0410, any violation involving development which is inconsistent with guidelines for development within Areas of Environmental Concern (AEC) must be corrected by restoring the project site to pre -development conditions to recover lost resources or to prevent further resource damage. I conducted a site visit at the aforementioned property on April 27, 2005 to inspect the restoration of the unauthorized activity addressed in the Notice of Violation # 05-06C. Based on this inspection, it appears the restoration is accomplished to the satisfaction of this Division. Upon my submission of an enforcement report, you will be notified as to the amount of the civil penalty for undertaking this unauthorized activity within an Area of Environmental concern. Thank you for your attention and cooperation in this matter. If you have any questions pertaining to this matter, please feel free to call me at (252) 808-2808. Sincerely, Stephen Coastal Management Representative Cc: Ted Tyndall, Assistant Director, DCM Tere Barrett, District Manager, DCM Roy Brownlow, Compliance Coordinator, DCM Chris Jones, LPO, Town of Pine Knoll Shores 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 e�� w 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 April 29, 2005 Mr. Fred Bunn 2207-D West Nash Street Wilson, NC 27896 RE:RESTORATION ACCEPTANCE — CAMA VIOLATION #05-06C Dear Mr. Bunn: This letter is in reference to the Notice of Violation # 05-06C sent to you dated February 28, 2005 for violating the terms and conditions of State Permit No. 40-02 within the Ocean Hazard Area of Environmental Concern adjacent to the Atlantic Ocean. The violation took place on your property located at 101 Salter Path Road, located in. Pine Knoll Shores, Carteret County, North Carolina. This unauthorized activity in conjunction with the installation of a hot tub on the primary dune constituted development and you were requested to remove all piping placed within the primary dune in the Ocean Hazard Area and repair the dune through the replacement of all excavated sand with sand of the same general characteristics as the sand at the site. In accordance with the North Carolina Administrative Code, Title 15A, Subchapter 710410, any violation involving development which is inconsistent with guidelines for development within Areas of Environmental Concern (AEC) must be corrected by restoring the project site to pre -development conditions to recover lost resources or to prevent further resource damage. I conducted a site visit at the aforementioned property on April 27, 2005 to inspect the restoration of the unauthorized activity addressed in the Notice of Violation # 05-06C. Based on this inspection, it appears the restoration is accomplished to the satisfaction of this Division. Upon my submission of an enforcement report, you will be notified as to the amount of the civil penalty for undertaking this unauthorized activity within an Area of Environmental concern. Thank you for your attention and cooperation in this matter. If you have any questions pertaining to this matter, please feel free to call me at (252) 808-2808. Sincerely, J' Stephen Lane Coastal Management Representative Cc: Ted Tyndall, Assistant Director, DCM Tere Barrett, District Manager, DCM Roy Brownlow, Compliance Coordinator, DCM Chris Jones, LPO, Town of Pine Knoll Shores 400 Commerce Avenue, Morehead City, North Carolina 28557 Phone: 252-808-2808 \ FAX: 252-247-3330 \ Internet: www.nccoastalmanage'ment.net An Equal opportunity \ Affirmative Action Employer — 50% Recycled \ 10% Post Consumer Paper DCM ENFORCEMENT TRACKING REPORT i1 � fi� la 2 Issuer D� p 6 C Field Rep. � Violation Base No. t 3— A B C D L PO Violated Permit No. LPJ lil applicable) Violation Description Was activity permittable? Yes I Initial Discovery Date Discovery Method G"+rlc t "fi spa . F�V / J x( o'• Violation Descri tipn cCw,,. 7t J,,k>"l�l m..YrQwne Respondent Information Prior Violations in same AEC: Yes / No Case Number C S - ° -Dl RespondentName(s) ITu! 4 �^ Landowne Agent/Contractor) Address '-�-o�-D W�fi N"')' city City Wlc�f�� State NC Zip )-�8q6 Phone # Email Fax // Violation Type: Project Type: Authorizations Required: Site Visits Respondent Site Visits Respondent No Permit Private/Community Major CAMA Present Present N° ermit Condition Govt.IPublic Minor D&F Expired Permit Commercial General Inconsistent wl Rules Violation Location and Site Description Rover File 03 �� /S Project Location: County /m Shoreline Length DO , Street Address/ State Road/ Lot #(s) SAV: Not Sure Yes ft.( � /� �w.'/'A �a� Sandbags: Not Sure Yes Subdivision PNA: Yes N Adjacent City �r� (tn•(I JA-/ /N' C. Zip 2 ORW: Yes N Adjacent Phone # ( ) River Basin 6(Alf<o.k Crit. Hab. Yes No' Photos O No MM Adj. Wtr. Body /lf�•"occ, na[ /man /unkn) Waiver Required Yes NN Closest Maj. Wtr. Body /Ok, ,U2 Oc e.. ^ In DWQ Buffer Area Ya Restoration NOV Date a'� �f Initial Req. Comp. Date Extension Granted Yes No Restoration Letter CNOV Date Date Comp. Observed Acceptance Date Penalty Assessment 7J.0409 Ref. Recomm. Assess. DCM Assess. Sent to Respondent Date P App./Permit Fee 77,Ogaq(,gqY*X. 9 S 4 Q o $ Penalty iJ•0 Yo9Ct°XVXAxt, $ / p 0 $ Rcvd. by Dist. Mgr. Date Assessment Extended Yes No Willful/Intent. $ $ Continuing $ S Other $ S �0 0 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 Date sent to AG Date Collection Let. Sent Assessment Appealed Yes No Penalty modified Respondent not responsive to penalty/NOV Injunction to complete restoration Date Demand Let. Sent Violation Activities and Impacts AECs Affected: W EW PTA ES PTS OEA — HHF IH PWS: FC: Other: Restoration Required by the Respondent es No Dimensions in excess of permit/ unauthorized activities Development Activities I e, X �S' X 3?0 W I) r4 2n�ll� ,J 1r1rlydyQ%^ nJ .ne. -i E-,C--fd Habitat Description.! NOTES: Closing fr' X 60' X P Wetlands Impacted? Yes I 9 SA DS 0 SY JR SS SC SP 404 Dimensions to restore ? o r Xa J, x 3,-/� y, Is'X6 x I Final dimensions allowed 101I<-'x 0 iJ-X60,x o, Payment Received $ Date Date Case Closed If yes, which types: LS TY Actually restored Io,X1r•x3'ie4 1,r'A6o' X 1' RESTORATION PLAN For Fred Bunn Property MAR 7 2005 Property located at 101 Salter Path Road, CYROA�C't City DCM I, Fred Bunn, agree to remove all piping that I placed or had placed within the primary dune in the Ocean Hazard Area of Environmental Concern and repair the dune through the replacement of all excavated sand with sand of the same general characteristics as the sand at the site such that the dune is restored to pre - disturbance elevations and re -vegetate the dune with appropriate beach vegetation at 101 Salter Path Road adjacent to the Atlantic Ocean, in Pine Knoll Shores, North Carolina. I agree to complete this restoration to the satisfaction of the Division of Coastal Management by March 28, 2005 or provide an explanation for non-compliance and a reasonable request for time extension. SIGNATURE: ��""' " DATE: 1--'-? or It is the policy of the Coastal Resources Commission to levy a minimum civil assessment of $500 and higher against all violations of this type depending upon the damage to the resources. If restoration is not undertaken or satisfactorily completed, a su¢stanhally higher civil assessment will he levied and an injunction sought to require restoration. /J r i PIMA � 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 NOTICE OF VIOLATION February 28, 2005 I CERTIFIED MAIL RETURN RECEIPT REQUESTED Mr. Fred Bunn 2207-D West Nash Street Wilson, NC 27896 RE.VIOLATION(S) OF CAMA MAJOR DEVELOPMENT PERMIT NO.40-02 CAMA VIOLATION #05-06C Dear Mr. Bunn: This letter confirms that on February 11, 2005, Mark Hardeman, a Field Representative with this Division, and I were onsite at your property located at 101 Salter Path Road adjacent to the Atlantic Ocean, located in Pine Knoll Shores, Carteret County, North Carolina. The purpose of the visit was to monitor the permitted development of a spa and pool on the subject property. Information gathered by me for the NC Division of Coastal Management shows that you have violated the terms or conditions of State Permit No. 40-02 which was issued to you by the Coastal Resources Commission and the North Carolina Department of Environment and Natural Resources.. I hereby request that you immediately CEASE AND DESIST such violations and comply with the terms and conditions of the above permit. I On June 3, 2003 a minor modification to State Permit No. 40-02 was issued to The Pinnacle c/o Fred Bunn for the development of a condominium complex with a pool and spa within the Ocean Hazard Area on property located in Carteret County, North Carolina, off Salter Path Road (Hwy 58). This permit was issued for a CAMA Major Development in an Area of Environmental Concern, in accordance with North Carolina General Statutes (N.C.G.S.) 113A-118. This permit included the following terms and conditions: 1. This minor modification must be attached to the original of Permit No. 40-02, which was issued on 613/02, transferred and modified on 1/6/03, as well as the refinement authorized on 12/11/02, and all documents must be readily available on site when a Division representative inspects the project for compliance. 2. Dune disturbances will only be allowed to the extent necessary for the development and if the dunes protective value is not weakened or reduced. Any areas of vegetation oflthe dune that are disturbed shall be revegetated as soon as feasible. 151-B Hwy. 24, Hestron Plaza II, Morehead City, North Carolina 285571 Phone:. 252-808-2808 \ FAX: 252-247-3330 \ Internet: www.nccoastalmanagement.net An Equal Opportunity \ Affirmative Action Employer — 50% Recycled \ 10% Post Consumer Paper e Fred Bunn Notice of Violation-2/28/05 Page 2 For the following reasons, you are in violation of the above terms and conditions of your permit: 1. The referenced refinement issued on12/11/02 requires that all development be done in accordance with the workplat dated 12-2-02 which shows that the disturbance and excavation of the primary dune will be limited to 10"-12" below the existing grade of the dune. The monitoring visit revealed that an area approximately 10' wide x 25' long and 3'-4' below the existing grade of the dune was excavated for the plumbing for the spa. 2. It was also noted during the monitoring visit that an area approximately 15' wide x 60' long and 1' below the existing grade of the dune was excavated from the dune and used as fill around the spa at the crest of the dune. This action is a violation of the permit which requires that disturbance of the dune will only be allowed to the extent necessary. All fill material must be obtained from sources other than the existing primary dune. If the terms and conditions of a permit are not complied with, the permit is null and void from the date of its issuance. To comply with the terms and conditions of the permit issued to you, you must: 1. Remove all piping and opportunicies to the spa below the existing grade as depicted on the workplat dated 12-2-02. 2. Repair the dune through the replacement of all excavated sand with sand of the same general characteristics as the sand at the site such that the dune is restored to pre -disturbance elevations. 3. Re -vegetate the areas of dune disturbance with appropriate beach vegetation. If you intend to cooperate with my request, please sign one of the attached Restoration Agreements and return it to me in the enclosed, self-addressed envelope within ten (10) days of receipt of this letter. Failure to comply with this request or respond back to this office prior to the requested deadline with an acceptable schedule for compliance will be interpreted as a refusal to cooperate and will result in a Notice of Continuing Violation, as well as a court injunction being sought ordering compliance. A civil penalty of up to Twenty -Five Hundred Dollars ($2500) may be assessed, or an injunction or criminal penalty may be sought against any person who violates a CAMA Major Development permit. It is the policy of the Coastal Resources Commission to assess a minimum civil penalty of $500 against all violations of this type. This is done to recoup some of the costs of investigating violations and/or to compensate the public for any damage to its natural resources. Whether a higher amount will be assessed will depend on several factors, including the nature and area of the resources that were affected and the extent of the damage to them. If restoration of the affected resources is requested but is not undertaken or completed satisfactorily, a substantially higher civil penalty will be assessed and a court injunction will be sought ordering restoration (N.C.G.S. 113A-126). The relevant statutes and regulations are available from this office, and I am willing to assist you in complying with the requirements of these laws. A site inspection will be made in the near future to determine whether this REQUEST TO CEASE AND DESIST has been complied with. I request that you contact me immediately. Thank you for your time and cooperation in resolving this important matter. If you have any questions about this or related matters, please call me at 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 ■ 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: M?f - �t� &f,1 / 2-2-07- 6111 Nash Slai T wIf Soa,NC- 2-7.5"1 A. Signature B. Received by ( Printed Name) I C. D. Is delivery address different from item 17 If YES, enter delivery address below: 3. Seni Type r II'certrfied Mail ❑ Registered t ❑Insured Mail ❑ Agent ❑ Express Mail Wetum Receipt for Pjerchandiss ❑ C.O.D. 4. Restricted Delivery? (Ex" Fee) fi Yes 2. Article Number 7004 3.Or;II061 1207 2029 /rom service labeQ ,�..� PS Form 3811, February 2004 Domestic Return Receipt 102595-02-M-1540 UNITED STATES POSTAL SEFi, E n I I I II IFimt-class MAP Pr�initS G-10 age & Foes Paid • Sender: Please print your name, address, and ZIP+4 in this box NC Division of Coas:a! Management 400 Commerce Ave Morehead City, NC 28557 04 fulellnhilJnLLlwlu(hdnh�6hn11(ludhni N Fred Bunn Notice of Violation-2/28/05 Page 3 notified as to the amount of the civil assessment for failure to act in accordance with the terms, conditions, or requirements of such permit. Sincerely, Steptren Lane Coastal Management Representative Cc: Ted Tyndall, Assistant Director, DCM Tere Barrett, District Manager, DCM Roy Brownlow, Compliance Coordinator, DCM Chris Jones, LPO, Town of Pine Knoll Shores ENCLOSURE RESTORATION PLAN For Fred Bunn Property Property located at 101 Salter Path Road, Carteret County t Piping to be removed from below grade of primary w" dune and areas of h disturbance to be restored I, Fred Bunn, agree to remove all piping that I placed or had placed within the primary dune in the Ocean Hazard Area of Environmental Concern and repair the dune through the replacement of all excavated sand with sand of the same general characteristics as the sand at the site such that the dune is restored to pre - disturbance elevations and re -vegetate the dune with appropriate beach vegetation at 101 Salter Path Road adjacent to the Atlantic Ocean, in Pine Knoll Shores, North Carolina. I agree to complete this restoration to the satisfaction of the Division of Coastal Management by March 28, 2005 or provide an explanation for non-compliance and a reasonable request for time extension. SIGNATURE: DATE: 1 It is the policy of the Coastal Resources Commission to levy a minimum civil assessment of $500 and higher y 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. RESTORATION PLAN For Fred Bunn Property Property located at 101 Salter Path Road, Carteret County ~ Piping to be removed from below grade of primary -` dune and areas of disturbance to be restored. I a r` I, Fred Bunn, agree to remove all piping that I placed or had placed within the primary dune in the Ocean Hazard Area of Environmental Concern and repair the dune through the replacement of all excavated sand with sand of the same general characteristics as the sand at the site such that the dune is restored to pre - disturbance elevations and re -vegetate the dune with appropriate beach vegetation at 101 Salter Path Road adjacent to the Atlantic Ocean, in Pine Knoll Shores,. North Carolina. I agree to complete this restoration to the satisfaction of the Division of Coastal Management by March 28, 2005 or provide an explanation for non-compliance and a reasonable request for time extension. I SIGNATURE: DATE: It is the policy of the Coastal Resources Commission to levy a minimum civil assessment of $500 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 iinjunction sought to require restoration. -- ',--IVtr IJLV1.oivvi Vr.GVAJ I/AL. IVINIVHUC V1r_1M. 1. CIVr Vr1t r_1YICIV'1, rIr_%,Ur51.r" ` CASE STATUS n 1 CASE NUMBER LAST NAME FIRST NAME BUSINESS NAME - CASE IS OPEN ,0 .O6C d BUNN - FRED THE PINNACLE O �CASE IS CLOSED �'. SECTOR ---� �' APFLILIATION f reVIOUs Vi6lations in Same AEC f 'NOVDATE,,, CLOSURE DATE ]PROPERTY OWN�E-- �i' COMMERCIAL 1 _. for Similar Activities rT 2/28/2005t+- :; MAILING ADDRESS • +� CITY - ", •STATE, ZI P:CODE'' PHONE NUMBER 2207D WEST NASH ST WWI`LS'ON( NC J 27896 tl T.•`� PROPERTY ADDRESS t ^COMMUNITY . ,wATER6dDY I"NEAREST'ROAD .`.` 101 SALTER PATH RD II " PINE KNOLL SHOR ATLANTIC OCEAN 11 SALTER PATH i e = DISTRICT OFFICE COUNTY DCM, REPRESENTATIVE v LPO CONTACT r ; .. MHCDO (r. CARTERET r LANE F' '^ C JONES i vioLAT104TY0E '. MAJOR PERMIT CONDITION VIOLATION (, AEC TYPE'- I ' ' • s, "NjATURE OF VIOLATION __ ilViolation of terms and conditions of State Permit 40-02C by disturbing and excavating the primary dune inconsistent with the permitted activity. iRESTORATION- STATUS a �, -:.,.. ,, ,�_�. :�; _ RESTORATION REQUEST DATE. COMPLETIONDATE` 3/281 RESTORATION NOT REQUIRED ;CONTRACTOR RESTORATION . EXTENDED RESTORE DATE RESTORATION NOT REQUIRED PERMITTABLE DEVELOPMENT' .' DEADLINE DRESTORATION-NOT REQUIRED - FU R7HER"IMPACTS `4 _ EXTENDED RESTORATION PENDING p ' , Q� REFERRED-T,O AO's OFFICE' COLLECTION, "5 REFERRED TO AG'S'OFFICE- INJUNCTION,--' ASSESSMENT DATE pENALTYAMOUNT - COLLECTION DATE.. AMOUNT COLLECTED.' 1. PENALTY STATUS ,- . ' 9 PENALTY ISSUED"' i Q PENALTY,NOT ISSUED � WILLFUL INTENTIONALPENALTY (MIN OR.DOUBLED). CNOV ISSUED - "'[0 CONRACTORS.FIRST OFFENSE ®'SETTLED,AGREED`U PON;!OR STIPULATED PENALTY :j1PENALTYAPPEALED 5`UNCOLLECTIBLE PENALTY . ' ...:3 F� .F .-- _ ORMAL CPA 'ISSUED `Violations Involving Adversely Impacted Resources �. = ,AMOUNT OF ADVERSELY DISTURBED AREA (SQ FT), :AMOUNT OF.PESTORED AREA (Sq. 'NOTES, ' " - 71�cp c� r NC Division of Coastal Management 400 Commerce Avenue Morehead City, NC 28557 �• _ _7+ _i