Loading...
HomeMy WebLinkAbout05-67D Plantation Inc21-Dec-05 NC DIVISION OF COASTAL MANAGEMENT ENFORCEMENT RECORD CASE NUMBER LAST NAME FIRST NAME BUSINESS NAME: 7767D ISPETRINO, JR. 1PLANTATION, INC. O CASE IS CLOSED , Previous VIOIatlOtlS in Same © NOV DATE CLOSURE DATE Elapsed Days AFFLILIATION SECTOR AEC for Similar Activities 12/2/2005 1111=11=11 f— PROPERTY OWNER ICOMMERCIAL MAILING ADDRESS CITY STATE ZIP CODE PHONE NUMBER POB 2473 WILMINGTON NC 28402- F PROPERTY ADDRESS COMMUNITY WATERBODY NEAREST ROAD (FORMER KING'S MHP ISURF CITY ISTUMP SOUND INC 210 DISTRICT OFFICE COUNTY DCM REPRESENTATIVE LPO CONTACT 'WIRO IPENDER 1611ES I VIOLATION TYPE AFFECTED AEC(S) E] CW ❑ EW ❑ PTA © ES ElPTS MAJOR CAMA plus DREDGE AND FILL ❑ OEA ❑ HHFA ❑ IHA ❑ PWS ❑ NCRA NATURE OF VIOLATION AEC DESCRIPTION thorized major development and violation of the State's dredge and fill law by failing to adequately contain lent from fill dirt and prevent the resultant filling of coastal wetlands within the CW and ES AECs adjacent to p Sound. 4E5TQRAT{bN STA7U5` - - RESTORATION REQUEST DATE COMPLETION DATE 12(212006 1 RESTORATION NOT REQUIRED- CONTRACTOR RESTORATION EXTENDED RESTORE DATE ElRESTORATION NOT REQUIRED - PERMITTABLE DEVELOPMENT El DEADLINE EXTENDED ❑ RESTORATION NOT REQUIRED - FURTHER IMPACTS - ❑ REFERRED TO AG'S OFFICE - INJUNCTION ❑ RESTORATION PENDING _ I INJUNCTION REFER DATE: �— ❑ REFERRED TO AG'S OFFICE - COLLECTION COLLECTION REQUEST DATE: ASSESSMENT DATE PENALTY AMOUNT COLLECTION DATE AMOUNT COLLECTED PENALTY S'I"ATUS ❑ PENALTY ISSUED ❑ ❑ WILLFUL &INTENTIONAL PENALTY (MIN. OR DOUBLED) PENALTY NOT ISSUED ❑ CNOV ISSUED F CNOV DATE ❑ CONRACTOR'S FIRST OFFENSE ❑ PENALTY APPEALED APPEAL DATE ❑ FORMAL CPA ISSUED FORMAL CPArDATE ❑ SETTLED. AGREED UPON, STIPULATED PENALTY I —SETTLEMENT DATE ❑ UNCOLLECTIBLE PENALTY I UNCOLLECTIBLE DETERMINATION DATE Violations Involving Adversely Impacted Resources AMOUNT OF ADVERSELY DISTURBED AREA (SO. FT.) 120 AMOUNT OF RESTORED AREA(SQ. FT) NOTES o and Plantation, Inc. has prior violation for same/similar activity in same AECs - see case no. 05-28D 4/1212005. 14 LSB 12B TB 7-- RB ARA MTT 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 January 13, 2006 CERTIFIED MAIL # 7004 2890 0002 3417 6605 RETURN RECEIPT REQUESTED Plantation Inc. C/o David Spetrino 720-301 N Third Street Wilmington, NC 28402 RE: CAMA VIOLATION #05-67D Dear Mr. Spetrino: JAN 2 4 2006 Morehead City pCM This letter is in reference to the Notice of Violation dated December 2, 2005 that Jon Giles, representative for the Division of Coastal Management, issued to you for unauthorized filling in an Area of Environmental Concern (AEC) at the former King's Mobile Home Park on NC Hwy 210 in Surf City, Pender County. The violation involved 120 ftZ of coastal wetlands, in an Area of Environmental Concern designated by the Coastal Resources Commission. Based upon the site visit conducted on December 14, 2005 by Mr. Giles, the restoration requested is complete to the satisfaction of the Division of Coastal Management. The Coastal Area Management Act provides that a civil assessment of up to $2,500 may be assessed for any violation. It is the policy of the Coastal Resources Commission to assess a civil penalty for all violations in order to recover some of the costs of investigating violations and/or to compensate the public for any damage to its natural resources. Under the rules of the Coastal Resource Commission, a proposed civil penalty in the amount of $700.00 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 $700.00 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. 127 Cardinal Drive Ext., Wilmington, North Carolina 28405-3845 Phone: 910-796-72151 FAX: 910-395-39641 Intemet: www.nccoastalmanagement.net An Equal Opportunity 1 Affirmative Action Employer — 50% Recycled 110% Post Consumer Paper Plantation Inc. c/o D. Spetrino January 13, 2006 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 db not hesitate to contact me at (910) 796-7215. Sincerely, im regson, Distri Manager lion of Coastal Management Enclosures cc: Ted Tyndall, Assistant Director, DCM Roy Brownlow, Compliance Coordinator, DCM Jon Giles, Coastal Management Representative, DCM Steve Padgett, LPO Surf City LSB * RB TB -f-- RB MLI MTT NCDENK 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 re January 24, 2006 0jt Plantation Inc. !22 7 ZDll6 C/o David Spetrino 720-301 N. Third St. Morehead City [)CM Wilmington, NC 28402 RE: Closure Letter for Plantation Inc. Payment of Proposed Penalty for Violations of the Coastal Area Management Act, Committed in Pender County CAMA Violation #05-67D Dear Mr Spetrino: This letter will acknowledge receipt of your Check #15779, in the amount of $700.00, dated 1-20-06. 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 Wilmington office, (910) 796-7290. Sincerely, JHG/sks cc: Ted Tyndall, Assistant Director Roy Brownlow, Compliance Coordinator WIRO File Copy Steve Padgett, LPO 127 Cardinal Drive Extension, Wilmington, North Carolina 28405-3845 Phone: 910-796-7215\Fax: 910-395-3845 \ Internet: http://dcm2.enr.state.nc.us An Equal Opportunity \ Affirmative Action Employer - 50% Recycled \10% Post Consumer Paper 0 DCM ENFORCEMENT TRACKING REPORT Field Rep. ,orJ CTLIssuerl�s LPO 5raVB than/Ja TT LPJ Stn A-P CXTy i Violation Base No. A B C Violzted Permit No. 1 Oa' 05' Violation Description Was activity permittable? Yes / ,C) Initial Discovery Date l`L' I -oSJ Discovery Method 53TZ VxSiT ay- 1A1�4 p osE � I p R Q Viiioolation Description r;t of APp2ou 2� SF' �� C�+aeiAt_ W'IT L wrv+)3 Respondent Name(s) Prior Violations in same AEC: Yes / No Sac cl, 4 av8 Sar : ILI Address 31-�'+ N 3," -,-� I City Wz�t, -To J Phone # Email Fax # untuer s: State P L Zip 2-3 `l Violation Type: Project Type: Authorizations Required: Site Visits Respondent Site Visits Respondent I No Permit �PrivatelCommunity � Major '��", CAMA Present Present r, VX-Permit Condition a Govt.IPuhlic Minor D&F — ii r' l! Expired Permit - Commercial General _I _i. Inconsistent w/ Rules L _ Violation Location and Site Description P )Zo IZ.1 q' _ Project Location: County P C- a r c a t e Q � Po • 7 Rover File Shoreline Length 'r Address/State Road/ Lot #(s) 1� 9a�'9 +�•�bZ t.c 1::,;�c SAV: Not Sure Yes No (SStreet + O L H VV y ZI Sandbags: Not Sure Yes Q Subdivision 2 e:( 1 YJ, vo it PNA: Yes No Adjacent City Stn (Z-(-- i Yy ZIP zj'f �i ORW: Yes No Adjacent Phone # () River Basin 1f�Nii"e fl p.� Crit. Hab. Yes Photos Yes No No Adj. Wtr. Body 51 v%T�l :J tb 6RVman LwAp)_ Waiver Required Yes N® Closest Mau.. Wtr. Body �i W r.� In DWQ Buffer Area Yes No ., Specify DWQ Buffer if applicable:`' Restoration NOV,Date 11 - - °S Initial Req. Comp. Date 1' Z' O (p Extension Granted Yes No CNOV Date _ Penalty Assessment Sent to Respondent Date Rcvd by DCM Date Assessment Extended Yes No Date Camp. Observed I. L -) O� Restoration Letter Acceptance Date 71.0409 Ref. Recomm. Assess. I DCM Assess. App./Permit Fee Is 2 '� ' is Penalty $ l 00. 0o is Willful/Intent. $ fir• I 60.00 $ Continuing $ $ Other I Is Ig Total f. Plantation Inc. c/o D. Spetrino January 13, 2006 Page 3 of 3 CAMA VIOLATION #05.67D 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 $700.00 against me for violation of the Coastal Area Management Act, NCGS 113A-100 etM, committed on or nearmy property atthe former King's Mobile Home Park, NC Hwy 210 in Surf City in Pender 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 December 2, 2005, and agree to pay the proposed civil assessment of $700.00. RN . 20 J 2006 DATE SIGNATURE ADDRESS Wo-lbo t N.-6 ead TELEPHONENUT1vT OCNA, W1LMING 7 OPJ, NC JAN 2 3 606 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 December 16, 2005 SB Plantation, Inc. TB a-- RB % Dave Spetrino MTT 720-301 N. Third Street Wilmington, NC 28402 RE: RESTORATION ACCEPTANCE — CAMA VIOLATION #05.67D Dear Mr. Spetrino: This letter is in reference to the Notice of Violation # 05-67D sent to you dated December 2, 2005 for the filling of 120 ft? of coastal wetlands within the Coastal Wetlands And Estuarine Shoreline Areas of Environmental Concern (AEC) in or near Stump Sound. The violation took place on your property located at the property (formerly King's Mobile Home Park) located along NC Hwy 210, across from Shell Road off of NC HWY 210 in the Town of Surf City in Pender County, North Carolina. This unauthorized activity constituted development and you were requested to remove fill material from the coastal wetlands and install silt fence. 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 December 14, 2005 to inspect the restoration of the unauthorized activity addressed in the Notice of Violation 05-67D. 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 (910) 796-7215. Si erely, �,,> J V Jon W Giles Jr Coastal Management Representative Cc: Ted Tyndall, Assistant Director, DCM Jim Gregson, District Manager, DCM Roy Brownlow, Compliance Coordinator, DCM Steve Padgett, Local Permit Officer, Town of Surf City 127 Cardinal Drive Ext., Wilmington, North Carolina 28405-3845 Phone: (910) 796-7215\ FAX: 910-350-2004 \ Internet: www.nccoastalmanagement.net An Equal Opportunity \ Affirmative Action Employer— 50% Recycled \ 10% Post Consumer Paper ® tTTB SB B �RB 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 December 2, 2005 CERTIFIED MAIL 7004 2510 0001 8280 0451 RETURN RECEIPT REQUESTED Plantation, Inc. % Dave Spetrino 720-301 N. Third Street Wilmington, NC 28402 Dc.t ft 8 2005 MOrehead City DCM RE: NOTICE OF VIOLATION AND REQUEST TO CEASE UNAUTHORIZED DEVELOPMENT CAMA VIOLATION 905.67D Dear Mr. Spetrino: This letter confirms that on December 1, 2005, Steve Padgett, Local Permit Officer for the Town of Surf City and I were onsite at your property (formerly King's Mobile Home Park) located along NC Hwy 210, across from Shell Road adjacent to Stump Sound located in Surf City, off NC Hwy 210, Pender County, North Carolina. The purpose of the visit.was to investigate unauthorized development of filling approximately 120 ft.2 of coastal wetland's within the Coastal Wetlands And Estuarine Shoreline Area of Environmental Concern (AEC), adjacent to Stump Sound. On December 2, 2005 1 attempted to contact you at your office but you were in a meeting and I left you a message concerning this matter and for you to contact me as soon as possible. On December 2, 2005 we had a conversation concerning the removal of the fill material and I informed you that a Notice of Violation would be sent out by Monday December 5, 2005. 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-118. I have information that indicates you have undertaken or are legally responsible for the filling of approximately 120 ft.Z of coastal wetlands, ranging in depth from 1" — 12" with sediment by the failure to adequately contain fill dirt that was brought to the site on the aforementioned property. This activity took place in the Coastal Wetlands And Estuarine Shoreline AEC's that are contiguous with Stump Sound. Coastal Wetlands And Estuarine Shoreline areas are designated as Areas of Environmental Concern (AEC). No CAMA permit was issued to you for work in this area. Based on these findings, I am initiating an enforcement action by issuing this Notice of Violation for violation of the Coastal Area Management Act and the State's Dredge and Fill Law. 127 Cardinal Drive Ext., Wilmington, North Carolina 28405-3845 Phone: 910-796-72151 FAX: 910-395-39641 Internet: www.n=astalmanagement.net Plantation, Inc. December 2, 2005 Page 2 of 4 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.113A-126). It is the policy of the Coastal Resources Commission to levy a minimum civil assessment of $700.00 not to exceed $2,500 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 depends on several factors, including the nature and area of the resources that were affected and the extent of the damage to them. You are also in violation of the State's Dredge and Fill Law which requires.a permit from the North Carolina Department of'Environment and Natural Resources before undertaking any excavating or filling in any estuarine waters, tidelands, marshlands, or state-owned lakes pursuant to N.C.G.S. 113-229. Therefore, I also request that you immediately CEASE AND DESIST such unauthorized activity and contact me about this matter as well. Violations of the State's Dredge.and Fill Act may be enforced by a criminal penalty or a civil action for damages or an injunction in accordance with N.C.G.S.113-229.. Based upon the North Carolina Administrative Code, Title 15A, Subchapter 07H. State Guidelines for Areas of Environmental Concern, the activity you have undertaken, filling of coastal wetlands in the Coastal Wetlands And Estuarine Shoreline AECs, is not consistent with Section 7H .0209 (d)(4), which states development shall not have a significant adverse impact on estuarine and ocean resources, which includes but is not limited to alteration of, Coastal wetlands. Also for non-compliance with condition #10 of CAMA Major Permit # 100-05, which states appropriated sedimentation -and erosion control devices shall be implemented to ensure that eroded materials do not enter adjacent wetlands, watercourses and/or properties. Therefore, I am requesting that all fill material be removed by hand from the coastal wetlands, which are located on the waterward side of the silt fence and the silt fence be constructed to adequately contain the fill material onsite. The enclosed Restoration Plan describes the action necessary to bring this project into compliance with the Act. If you intend to cooperate with my request, please sign one of the attached Restoration Agreements and return it to me in the enclosed, self-addressed envelope within ten (10) days of receipt of this letter. Failure to comply with this request or respond back to this office prior to the requested deadline with an acceptable schedule for compliance will be interpreted as a refusal to cooperate and will result in a Notice of Continuing Violation, as well as a court injunction being sought ordering compliance. The relevant statutes and regulations are available from this office, and I am willing to assist you in complying with the requirements of these laws. A site inspection will be made in the near future to determine whether this REQUEST TO CEASE AND DESIST has been complied with. I request that you contact me immediately. 127 Cardinal Drive Ext., Wilmington, North Carolina 28405-3845 Phone: (910) 796-7215\ FAX: 910-395-3964 \ Internet: www.nccoastalmanagement.net An Equal Opportunity\Affirmave Action Employer— 50% Recycled \ 10% Post Consumer Paper Plantation, Inc. December 2, 2005 Page 3 of 4 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 (910) 796-7215. Upon completion of the restoration as requested in the Restoration Plan Agreement to the satisfaction of the Division of Coastal Management, you will be notified as to the amount of the civil assessment for undertaking development without first obtaining the proper permit(s) and/or development that is inconsistent with Coastal Resources Commission rules. Sincerely, Qri Jon W. Giles Jr. Coastal Management Representative Cc: Ted Tyndall, Assistant Director, DCM Jim Gregson, District Manager, DCM Roy Brownlow, Compliance Coordinator, DCM Steve Padgett, Surf City LPO ENCLOSURE 127 Cardinal Drive Ext., Wilmington, North Carolina 28405-3845 Phone: (910) 796-7215\ FAX: 910-395-3964 \ Internet: www.nccoastalmanagement.net An Equal Opportunity \ Affirmative Action Employer —50% Recycled \ 10% Post Consumer Paper Plantation, Inc. December 2, 2005 Page 4 of 4 RESTORATION PLAN For Plantation, Inc. % Dave Spetrino Property CAMA Violation No. 05-67D Property located along NC Hwy 210, formerly King's Mobile Home Park, Fender County I, Plantation, Inc., agree to remove all fill material from Coastal Wetlands BY HAND ONLY and place on the landward side of the silt fence and the silt fence be constructed to adequately contain the fill material onsite. I agree to complete this restoration to the satisfaction of the Division of Coastal Management (DCM) by January 2, 2004, or provide an explanation for non-compliance and a reasonable request for time extension. When corrective actions are complete, I will notify the DCM so the work can be inspected. SIGNATURE: DATE: /t is the policy of the Coastal Resources Commission to levy a minimum civil assessment $700.00 and higher against all violations of this type depending upon the damage to the resources. /frestoration is not undertaken or satisfactorily completed, a substantially higher civil assessment will be levied and an injunction sought to require restoration. 127 Cardinal Drive Ext., Wilmington, North Carolina 28405-3845 Phone: (910) 796-72151 FAX: 910-395-39641 Internet: www.nccoastaimanagement.net An Equal Opportunity1Afiirmative Action Employer— 50% Recycled 110% Post Consumer Paper t1{s_1�`r-, •/. tar b����t.� -•. s _ „' `�'f � ��t1 lXr, mal •a'Ms v i 'C? .}• � .- � _ � yrf..y `C7' "may •.� a t` 't(.,, I '•, ry •;`.13 ti ♦ .�I. Y+ • ,-•.. _ ar �`�}+t`L�s, '-�=y- Ya a• �1tY � F`t t �, --y. ;. `}w. ' i�a �`y ' _• 11 ! ��"`S -iGf -�T 41'.'r l"'Li...e i `•IY \ilia v i. 4� "+4 1.. y.!'ti. �•)�,<.d,.L'}b�La�' .l. >.� •�� .�:�� _ . - .,v W.`m � . .2`f"N t. ���•� f �__- "` ,a, �..yr-S.�.t"_•�U•1.i Agri �fANaL pikN`'e.'sM'-, Ty�'1•, Et7�T t� err ZVI S , { x„ r R 21-Dec-05 NC DIVISION OF V66 CASE CASE NUMBER 05-28D U CASE IS CLOSED 1 NOV DATE CLOSURE DATE NAME FIRST NAME BUS : RIND 1DAIVD PLANTATION, INC. Elapsed Days AFFLILIATION SECTOR 45 1PROPERTY OWNER JCOMM9ML Previous latioins in Same lar Activities MAILING ADDRESS CITY STATE ZIP CODE PHONE NUMBER�� 720-301 N. THIRD ST. IWILMINGTON NC 28402-� �✓ PROPERTY ADDRESS COMMUNITY WATERBODY NEAREST ROAD FORMER KINGS MHP ISURF CITY ISTUMP SOUND SHELL ROAD DISTRICT OFFICE COUNTY DCM REPRESENTATIVE LPO CONTACT y� WIRO JPENDER 16AIL VIOLATION TYPE `AFFfC DAEC(5) CW IEW ❑PTA �i/] ES ❑ PTS MAJOR CAMA plus DREDGE AND FILL ❑ OEA ❑ HHFA ❑ IHA ❑ PWS ❑ NCRA NATURE OF VIOLATION AEC DESCRIPTION Unauthorized major development and violation of the State Dredge & Fill Law by engaging in land disturbing activities that involved filling a portion of coastal wetlands and mechanical excavation and filling within the CVV and CS AECs adjacent to Banks Channel, Stump Sound. G_ RESTORATION STATUS RESTORATION REQUEST DATE COMPLETION DATE �- FI]1 5/12/2005 5/17/2005 ❑ RESTORATION NOT REQUIRED - CONTRACTOR RESTORATION EXTENDED RESTORE DATE ❑ DEADLINE ❑ RESTORATION NOT REQUIRED - PERMITTABLE DEVELOPMENT EXTENDED ❑ RESTORATION NOT REQUIRED - FURTHER IMPACTS ❑ REFERRED TO AG'S OFFICE - INJUNCTION ❑ RESTORATION PENDING INJUNCTION REFER DATE: I ❑ REFERRED TO AG'S OFFICE - COLLECTION COLLECTION REQUEST DATE:�� PENAASSESSMENT DATE PENALTYAMOUNT COLLECTION DATE AMOUNT COLLECTED LTY STATUS 5/25/2005 5/27/2005 81,000 Gam' $1,000 Fvfl PENALTY ISSUED ❑ WILLFUL & INTENTIONAL PENALTY (MIN. OR DOUBLED) ❑ PENALTY NOT ISSUED ❑ CNOV ISSUED I CNOV DATE C ❑ CONRACTOR'S FIRST OFFENSE ❑ PENALTY APPEALED APPEAL DATE ❑ FORMAL CPA ISSUED F_ FORMAL CPA DATE C ❑ SETTLED. AGREED UPON, STIPULATED PENALTY I SETTLEMENT DATE ❑ UNCOLLECTIBLE PENALTY F-UNCOLLECTIBLE DETERMINATION DATE Violations Involving Adversely Impacted Resources AMOUNT OF ADVERSELY DISTURBED AREA (SQ. FT.) 270 AMOUNT OF RESTORED AREA (SQ. FT) 270 NOTES Also see case no. 05-29D Thomas, Tim (Thomas Disaster Services) - contractor for Plantation, Inc.- Spetrino. s North Carolina Elaine F. Marshall DEIPARTMENT of T[IF Secretary SECRETARY OF STATE PO Box 29622 Raleigh, NC 27626-0622 {919j807-2000 Corporations *Corporations Home *Important Notice OCorporate Forms/Fees *Corporations FAO *Tobacco Manufacturers 'Dissolution Reports 'Non -Profit Reports 'Verify Certification *Online Annual Reports •KBBE B26 Annual Reports Links 'Secretary Of State Home •Register for E-Procurement *Dept, of Revenue Legislation 91999 Senate Bills 02001 Bill Summaries *Annual Reports 1997 *Corporations 1997 'Other Legislation Search "By Corporate Name •For New Corporation *By Registered Agent Online Orders 'Start An Order *New Payment Procedures Contact Us *Corporations Division *Secretary of State's web site Print *Printable Page Date: 12/21 /2005 Click here to: View Document Filings I Annual Report Count I 'Print apre-populated Annual Report Form I File an Annual Report I Corporation Names Name Name Type NC Plantation Building Legal Corp. NC PLANTATION, INC. Prev Legal Business Corporation Information SOSID: 0436786 FID: 562039609 Status: Current -Active Date Formed: 9/5/1997 Citizenship: Domestic State of Inc.: NC Duration: Perpetual Registered Agent Agent Name: Registered Office Address: Registered Mailing Address: Principal Office Address: Principal Mailing Address: Stock Spetrino, Jr., David a 720 N Third Street Wilmington NC 28401 PO Box 2473 Wilmington NC 28402 720 N Third Street W lmington NC 28401 PO Box 2473 Wilmington NC 28402 Class Shares No Par Value Par Value COMMON 3000 Yes N/A For questions or comments about the North Carolina Secretary of State's web site, please send e-mail to Webmaster. 04-Jan-06 NC DIVISION OF COASTAL MANAGEMENT ENFORCEMENT RECORD -i CASE NUMBER LAST NAME FIRST NAME BUSINESS NAME: 05-67D ISPETRINO, JR. DAVID IPLANTATION, INC. ❑ CASE IS CLOSED Previous Violations in Same © NOV DATE CLOSURE DATE Elapsed Days AFFLILIATION SECTOR AEC for Similar Activities 12/2/2005 33 1PROPERTY OWNER 1COMMERCIAL MAILING ADDRESS CITY STATE ZIP CODE PHONE NUMBER POB 2473 IWILMINGTON NC 28402- F— PROPERTY ADDRESS COMMUNITY WATERBODY NEAREST ROAD FORMER KING'S MHP ._...- SURF CITY STUMP SOUND INC 210 DISTRICT OFFICE COUNTY DCM REPRESENTATIVE LPO CONTACT WIRO IPENDER JaILES VIOLATION TYPE AFFECTEDAEC(S) © CW ❑ EW ❑ PTA © ES ❑ PTS MAJOR CAMA plus DREDGE AND FILL ❑ OEA ❑ HHFA ❑ HA ❑ PWS ❑ NCRA NATURE OF VIOLATION AEC DESCRIPTION 11 umorizea major development and Violation of the State's dredge and fill law by failing to adequately contain ment from fill dirt and prevent the resultant filling of coastal wetlands within the CW and ES AECs adjacent to np Sound. RESTORATION STATUS RESTORATION REQUEST DATE COMPLETION DATE © M 1 12/2/2006 1 12/14/2005 ❑ RESTORATION NOT REQUIRED - CONTRACTOR RESTORATION EXTENDED RESTORE DATE ❑ DEADLINE ❑ RESTORATION NOT REQUIRED - PERMITTABLE DEVELOPMENT EXTENDED ❑ RESTORATION NOT REQUIRED - FURTHER IMPACTS ❑ REFERRED TO AG'S OFFICE - INJUNCTION ❑ RESTORATION PENDING INJUNCTION REFER DATE: I ❑ REFERRED TO AG'S OFFICE - COLLECTION { COLLECTION REQUEST DATE: I PENALTY STATUS ASSESSMENT DATE PENALTY AMOUNT COLLECTION DATE AMOUNT COLLECTED � � I ❑ PENALTY ISSUED ❑ PENALTY NOT ISSUED ❑ WILLFUL & INTENTIONAL PENALTY (MIN. OR DOUBLED) ❑ CNOV ISSUED CNOV DATE ❑ CONRACTOR'S FIRST OFFENSE ❑ PENALTY APPEALED APPEAL DATE ❑ FORMAL CPA ISSUED FORMAL CPA DATE ❑ SETTLED. AGREED UPON. STIPULATED PENALTY F SETTLEMENT DATE ❑ UNCOLLECTIBLE PENALTY I UNCOLLECTIBLE DETERMINATION DATE Violations Involving Adversely Impacted Resources AMOUNT OF ADVERSELY DISTURBED AREA (SQ. FT.) 120 AMOUNT OF RESTORED AREA (SQ. FT) NOTES o and Plantation, Inc. has prior violation for same/similar activity in same AECs - see case no. 05-28D 4/12/2005. 27-Jan06 NC DIVISION OF COASTAL MANAGEMENT ENFORCEMENT RECORD DASk4. tf CASE NUMBER LAST NAME FIRST NAME BUSINESS NAME: Q 05.67D SPETRINO, JR. DAVID PLANTATION, INC. C*) CASE IS CLOSED �'. Previous Violations in Same © AEC for Similar Activities NOV DATE CLOSURE DATE Elapsed Days AFFLILIATION SECTOR 92l2i2005 1PROPERTY OWNER IC51MMERCIAL MAILING ADDRESS CITY STATE ZIP CODE PHONE NUMBER POB 2473 WILMINGTON NC 28402- F_ PROPERTY ADDRESS COMMUNITY WATERBODY NEAREST ROAD FORMER KING'S MHP ISURF CITY ISTUMP SOUND NC 21D DISTRICT OFFICE COUNTY DCM REPRESENTATIVE LPO CONTACT PRO IPENDER IGILES 1 VIOLATION TYPE AFFECTED AEC(S) © CW ❑ EW ❑ PTA ©ES ❑ PTS MAJOR CAMA plus DREDGE AND FILL ❑ OEA ❑ HHFA ❑ IHA ❑ PWS ❑ NCRA NATURE OF VIOLATION AEC DESCRIPTION uthorized major development and violation of the State's dredge and fill law by failing to adequately contain ment from fill dirt and prevent the resultant filling of coastal wetlands within the CW and ES AECs adjacent to np Sound. RESTORATION STATU� RESTORATION NOT REQUIRED - CONTRACTOR ❑ RESTORATION NOT REQUIRED - PERMITTABLE DEVELOPMENT RESTORATION NOT REQUIRED - FURTHER IMPACTS ❑ RESTORATION PENDING ASSESSMENT DATE PENALTY.STATUS 1/13/2606 ' ❑/J PENALTY ISSUED RESTORATION REQUEST DATE COMPLETION DATE 12/2/2006 12714/2005 RESTORATION EXTENDED RESTORE DATE ❑ DEADLINE EXTENDED ❑ REFERRED TO AG'S OFFICE - INJUNCTION INJUNCTION REFER DATE: I ❑ REFERRED TO AG'S OFFICE - COLLECTION COLLECTION REQUEST DATE: F_ PENALTY AMOUNT COLLECTION DATE AMOUNT COLLECTED $700 1/24/2006 r $700 ❑ PENALTY NOT ISSUED WILLFUL & INTENTIONAL PENALTY (MIN. OR DOUBLED) ❑ PENALTCNOV Y F_CNOVI APPEAL DATE CONRACTOR'S FIRST OFFENSE ❑ PENALTY APPEALED APPEAL DATE ❑FORMAL CPA ISSUED FORMAL CPA DATE ❑ SETTLED, AGREED UPON, STIPULATED PENALTY [—SETTLEMENT DATE r ❑ UNCOLLECTIBLE PENALTY 1—UNCOLLECTIBLE DETERMINATION DATE Violations Involving Adversely Impacted Resources AMOUNT OF ADVERSELY DISTURBED AREA (SO. FT.) I120 AMOUNT OF RESTORED AREA (SQ. FT) 1P0 NOTES no and Plantation, Inc. has prior violation for same/similar activity in same AECs - see case no. 05-28D 1 4/12/2005.