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