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HomeMy WebLinkAbout05-07C Flora.AZ,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 ALowana /109LTed August 18, 2005 Ronda Roy Matthew C Flora 6825A Brindle Heath Way Alexandria VA 22315-5828 RE: Payment of Proposed Penalty for Violations of the Coastal Area Management Act, Committed in Carteret County CAMA Violation # 05-07C & 05-22C Dear Mr. Flora: This letter will acknowledge receipt of your check #4944 & 4945, both in the amount of $350.00, and dated August 15, 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. Sincerely4t�ozz \j. v Tere Barrett District Manager TB/lsb cc: RRoy Brownlow, Compliance Coordinator Ted Tyndall, Asst. Director Mark Hardeman, Coastal Management Rep. Raleigh Bland, COE 400 Commerce Avenue, Morehead City, North Carolina 28557 Phone: 252-808-28081 FAX: 252-247-33301 Internet: www.nccoastalmanagement.net An Equal Opportunity 1AffinnaUve Acton Employer- 50% Recycled 110% Post Consumer Paper ■ 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: A. Signature X &' _ ❑ Agent n node, B. ReogWedPljdfsd� Q I C. Date Of Delivery IP�;lq delArery add /resss dd rtem/ imm aem t a ❑ res !9f'rr% enter delivery address below: ❑ No Mr. Matt Flora PO Box151411 Alexandria, VA 22315-1411 o Certified Mall 0 Express roan ❑ Registered O Rehm Reoelpt for MercA ❑ Insured Mall O C.O.D. 4. ResNcted Delivery? (Extra Fee) ❑ Yee 2. Ankle Number 7004 2890 0003 8041 9939 (ftns/er from service 1615E PS Form 3811. February 2004 Domestic Return Receipt 102595024AAW UNITED STATES POSTAL SERVICE NO yal', 12 AUG 05P _ • 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 Morehead City DCM CUfj? lnllllllllll lllil ll1l 111ll ill nll it lllilllill lllilllllll ill!' RESTORATION PLAN For Mr. Matt Flora Property Property located at Lot 1, Coral Bay Ridge, Carteret County Rc 54orw4i'oN Mons waw'K e aV dal e fed Awof J`N 5,0Qt, fe4_1- b� M.it/-le I-F o N Scaly �� a.oa� I I Cbutal ManA i 1YYr. M. t- 1� S1IE Vuil 6.20i Of Nov 4�-??C .1TH F\ ;PPr. 170iffiUm Coastal iedwdsa d j E.warine Rater 1 Pao! Put T�4 ' f .at'ea of b.&H.tted s� ` bacl:fiIl rialErui Lai] � CcN Hr�'Rii:e AeLrd:&rrl ]Ltr FlTr-0.ner I SD Lermcr Ra.d 1 JUL .2 I. 2005 city I, Mr. Matt Flora, agree to remove the unauthorized fill material and return the filled area to thel previous grade and contour. Additionally, adequate sedimentation/erosion control measures must be employed to prevent the movement of unconsolidated materials into the adjacent waters and wetlands. I agree to complete this restoration to the satisfaction of the Division of Coastal Managementl (DCM) by July 25, 2005, or provide an explanation for non-compliance and a reasonable request for time extension. When corrective actions are complete, I will notify the DCM so the work can be inspected. SIGNATURE: DATE: Y1516 It is the policy of the Coastal Resources Commission to levy a minimum civil assessment $350.00 and violations of this type depending upon the damage to the resources. If restoration is not undertaken or substantially higher civil assessment will be levied and an injunction sought to require restoration. t against all a Mr. Matt Flora August 01, 2005 Page 2 of 2 CAMA VIOLATION #05-07C AGREEMENT TO PAY PROPOSED CIVIL ASSESSMENT 199 Morehead City CCM 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 $350 against me for violation of the Coastal Area Management Act, NCGS 113A-100 et sec, committed on my property at Lot 1, Coral Bay Ridge, Atlantic Beach, Carteret County, North Carolina. In orderto resolve this matter with no furtheraction or expense on my part, I accept responsibility for the violation as described in the Notice of Violation letter dated 3/02105, and agree to pay the proposed civil assessment of $350. ©oT ATE SIGNATURE P. 0. 6e,c / s/ V i ADDRESS ANV-#" lw>41 V4 as 3jf /V// (703) yzz,-96e,s- TELEPHONE NUMBER North Carolina Department of Environment and Natural Resources Division of Coastal Management Michael F. Easley, Governor Charles S. Jones, Director William G Augustl,2005 CERTIFIED MAIL RETURN RECEIPT REQUESTED Mr. Matt Flora PO Box 151411 Alexandria, VA 22315-1411 RE. CAMA VIOLATION #05-07C Dear Mr. Flora: This letter is in reference to the Notice of Violation dated 3/02/05 that Mr. Mark Hardeman, representative Management, issued to you for the construction and backfilling of a 140' bulkhead adjacentto Bogue Ridge, Atlantic Beach, Carteret County. The violation involved Estuarine Waters, Public Trust Areas, Coastal Wetlands, which are Areas of Environmental Concern, designated by the Coastal Resources Com site visit conducted on 4108/05 by Mr. Hardeman, the restoration requested appears to be complete to the: of Coastal Management. Ross Jr., Secretary Division of Coastal I at Lot 1, Coral Bay ne Shoreline, and n. Based upon the :tion of the Division The Coastal Area Management Act provides that a civil assessment of up to $2,500 maybe 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 civil penalty in the amount of $350 is appropriate forlthis violation. You may expeditiously resolve this matter prior to the assessment of a formal civil penalty by accepting responsibillty 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 $350 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. 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 afjeadngonthe penalty or request remission of the penalty. 1 Thank you for your time and cooperation in resolving this important matter. If you have any questions, contact me at (252) 808-2808. Sincerely, L 9' Tere Barrett District Manager Enclosures cc: Ted Tyndall, DCM Roy Brownlow, DCM Mark Hardeman, DCM Henry Wicker, USACE 151-B Hwy. 24, Hestron Plaza II, Morehead City, North Carolina 28557 Phone: 252-808-2808 \ FAX: 252-247-3330 \ Internet: www.nccoastalmanagemE i do not hesitate to An Equal Opportunity \ Affirmative Action Employer-50% Recycled \ 10% Post Consumer Mr. Matt Flora August 01, 2005 Page 2 of 2 CAMA VIOLATION #05.07C 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 $350 against me for violation of the Coastal Area Management Act, NCGS 113A-100 et sec , committed on my property at Lot 1, Coral Bay Ridge, Atlantic Beach, Carteret County, North Carolina. In orderto resolve this matterwith no further action or expense on my part, I accept responsibility forthe violation as described in the Notice of Violation letter dated 3/02105, and agree to pay the proposed civil assessment of $350. DATE SIGNATURE ADDRESS TELEPHONE NUMBER DCM ENFORCEMENT TRACKING REPORT `~ Field Rep LPO LPJ_ /%i/flzk 11, Rw cli-w1ul Issuer Violation Base No.__ Violated Permit No (if applicable) A B C D Violation Description Was activity permittable? Yes / Initial Discovery Date /�6 // aoo5 Discovery Method T)f-we Jay / Violation Description RPP,-OX , /41D ul-o-L4hof t Z� !bu [khe" "'4J C204:Y4,0 uJ�fla �/s .,ve-/0o//Au9 9 rovud dfsivr bi•u_5 ac-41df ly , Respondent Information Prior Violations in same AEC: Yes / o Case Number 03-61C-01 Respondent Name(s) /YJ/, 1)7j9TT �510la (Landowner/Agent/Contractor) Address ®, D, box /51 q1 / 1- City �ky4jud//ee State ✓a, zip a7 P 315 -1111! Phone # 2 0-;2 3 - y227 Fax # Email Violation Type: Project Type: Authorizations Required: Site Visits Respondent Site Visits Respondent Major 2d 8- 05 Present ,?3_G i Present o Perm' PrivatelCommunit AMA �G Permit Condition Govt./Public Minor D&F y Expired Permit Commercial General Inconsistent wl Rules Violation Location and Site Description 1 Project Location: County 6uf 4,-e 7 Rover File Shoreline Length / Q Street Address/ State Road/ Lot #(s) SAV: Not Sure Yes 16 L o7- ..F-- Sandbags: Not Sure Yes flr Subdivision YORW PNA: Yes Adjacent City d14vlyC ZIP Cri[. Hab. Yes Yes Adjacent 4- Phone # ( ) River Basin U))l , 4 Photos (9 No Adj. Wtr. Body ,DOS 0e Sd , (nat /man /unkn) Waiver Required Yes Closest Maj. Wtr. Body/ /7Die e 5Cd . In DWQ Buffer Area Yes to Restoration NOV Date 3 03 CNOV Date Penalty Assessment Sent to Respondent Date Rcvd. by Dist. Mgr. Date Assessment Extended Yes No Extension Granted Yes No Initial Req. Comp. Date Restoration Letter Acceptance Date 71.0409 Ref.0) Recomm. Assess. CgJG1�5b "—b 3 /0D o0 S 5 S Date Comp. Observed App./Permit Fee Penalty Willful/Intent. Continuing Other 06 Total 3 50 -- 3 DCM Assess. Formal Assessments, Appeals and Reductions Date Long Form Submitted Date Formal CPA Submitted Final Assessment $ Date Attorney General's Office for Injunction or Formal Collection Assessment Appealed Yes No Penalty modified Date sent to AG Respondent not responsive to penalty/NOV Injunction to complete restoration Date Collection Let. Sent Date Demand Let. Sent Violation Activities and Impacts AECs Affected: Wetlands Impacted? Yes / No If yes, which types: ® © PTA PTS DS CI SY 1R LS l'J OEA HHF IH S5 SC © 404 PWS: FC: Other: Restoration Required by the Respondent Yes / No Dimensions in excess Dimensions to restore Final dimensions of permit/ unauthorized activities allowed Actually restored Development Activities g LI K h cxU Habitat Description NOTES: Closing Payment Received $ Date Date Case Closed r RCDe-�ENR 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 19, 2005 Mr. Matt Flora P. 0. Box 151411 Alexandria, VA, 22315-1411 RE:RESTORATION ACCEPTANCE — CAMA VIOLATION #05 — 07 C Dear Mr. Flora: This letter is in reference to the Notice of Violation # 05 07 C sent to you dated March 2, 2005 for the unauthorized construction of 140' of bulkhead and sedimentation due to the construction within the Coastal Wetlands, Estuarine Waters and Estuarine Shoreline AEC's in or near Bogue Sound. The violation took place on your property located at Lot 1, Coral Bay Ridge off of Salter Path Road in or near the community of Atlantic Beach in Carteret County, North Carolina. This unauthorized activity constituted development and you were requested to remove the bulkhead and return the ground to it's original grade and contour. 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 8, 2005 to inspect the restoration of the unauthorized activity addressed in the Notice of Violation 05 07 C. 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, �� /� AI� W, 2,tzsvr—tGr--- Mark Hardeman Coastal Management Representative Cc:Ted Tyndall, Assistant Director, DCM Tere Barrett, District Manager, DCM Roy Brownlow, Compliance Coordinator, DCM Mickey Sugg, USACE cupy 400 Commerce Avenue, Morehead City, North Carolina 28557 Phone: 252-808-28081 FAX: 252-247-33301 Internet: www.nccoastalmanagement.net An Equal Opportunity 1 Affirmative Action Employer - 50% Recycled 110% Post Consumer Paper CASE STATUS CASE NUMBER LAST NAME' . _ i .FIRST NAME BUSINESS NAME QQSE,-C6 OP,EN� 05-07C .FLORA MATT CASEJS CLOSED I Previous Violations in Same AEC ,NOV DATE , CLOSURE DATE ,; Elapsed Days AFFLI LIATION SECTOR; `" fOY.SItnIIFlY ACIVIt1eS �' ( { PROPERTY OWNE 6 PRIVATE ' 3I7J2006I• 2025 7. _-..�.. _, _.._ y�.x _,_... .__.__�! 1 ' 'MAILING AODRCSS; CITY' STATE, • ZIP OODR", PHONE NUMBER. pob 151411 ���• ALEXANDRIA VA 22375- (202) 323-4227 h 7 -a. ,PROPERTY+'ADQRESS COMMUNITY WATERBODY NEAREST IROAD t „ LOT 1 CORAL BAY RIDGE j ATLANTIC BEACH BOGUE SOUND SALTER PATH DISTRICT OFFICE COUNTY • DCM:REPRESENTATIVE , LPO CONTACT, ; MHCDO �' CARTERET HARDEMAN AFFECTED AEC(S) Q:CW. - 0'EW Pi,TA <D� ES,., • [� PTS VIOLATION TYPE [] OEA [�: HHFA [� I� A ❑ PWS [ NCRA. MAJOR CAMA olus DREDGE AND FILL I r VATURE_OFVIOLATION, " f' •I +�' AEC,DESCRIP1111-CW,EW,ES Unauthorized major development and violation of the State's Dredge & F 111 Law by commencin 140' of unauthorized bulkheading within the CW, ES, and EW AECs adjacent to Bogue Sound I ` 3/25/2005 i t .. _o ..•_... _.._.i',. RESTORATION EXTENDED RESTORE DATE D DEADLINE Ii - ✓ EXTENDED r REFERREDTd AG'SOFFICE-'COLLECTION - Q; REFERRED TO AG'S OFFICE - INJUNCTION Y AMOUNT COLLECTION'. DATEt AMOUNT COLLECTED k PENALTY STATUS-17777 'tea aPENALTY ISSUED 1 t;, 1 1 i Q PENALTY NOT ISSUED 00 WILLFUL INTENTIONAL PENALTY (MIN. OR DOUBLED) V ONOV ISSUED'. CONRACTOR'S FIRST OFFENSE O' SETTLED,- AGREED UPON, OR STIPULATED. PENALTY PENALTY APPEALED I i . UNCOLLE'C IBLE'PENALTY Sa ' •* ' 17 j FORMAL CPA ISSUED Violations Involving Adversely Impacted Resources tAMOUNT'OFADVERSELY DISTURBED AREA (SQ.FT.) 140["I I` • •'� l(r AMOUNT OF RESTORED AREA (SQ. FT) J NOTES • , ' .. ` ,. -. _. .. .:,. ,.., ( - •... ALSO SEE CASE NO. 05-08C ELLIS, ERIC - CONTRACTOR FOR FLORA. f• IESTORATION NOT REQUIRED CONTRACTOR . IESTORATION NOT REQUIRED - PERMITTABLE, DEVELOPMENT IESTO RATION NOT,REQUIRED - FURTHER IMPACTS tESTORATION PENDING 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 April 19, 2005 Mr. Matt Flora P. 0. Box 151411 Alexandria, VA, 22315-1411 RE:RESTORATION ACCEPTANCE — CAMA VIOLATION #05 — 07 C Dear Mr. Flora: This letter is in reference to the Notice of Violation # 05 07 C sent to you dated March 2, 2005 for the unauthorized construction of 140' of bulkhead and sedimentation due to the construction within the Coastal Wetlands, Estuarine Waters and Estuarine Shoreline AEC's in or near Bogue Sound. The violation took place on your property located at Lot 1, Coral Bay Ridge off of Salter Path Road in or near the community of Atlantic Beach in Carteret County, North Carolina. This unauthorized activity constituted development and you were requested to remove the bulkhead and return the ground to it's original grade and contour. 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 8, 2005 to inspect the restoration of the unauthorized activity addressed in the Notice of Violation 05 07 C. 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, Mark Hardeman Coastal Management Representative Cc:Ted Tyndall, Assistant Director, DCM Tere Barrett, District Manager, DCM Roy Brownlow, Compliance Coordinator, DCM Mickey Sugg, USACE 400 Commerce Avenue, Morehead City, North Carolina 28557 Phone: 252.808-28081 FAX: 252-247-33301 Internet: www.nccoastalmanagement.net An Equal Opportunity 1 Affirmative Action Employer— 50% Recycled 110% Post Consumer Paper UNITED STATES POSTAL SERVICE II I First -Class Mail USPS9Paid No. G-10 • Sender: Please print your name, address, and ZIP+4 in this box N.C. Division w i;oastac 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: _�-IR. 60+OGg 1 2. Article Number A. Signature � �A X r��,� ❑ Agent ❑ Atldrs 9. Received by (Rioted Nam* C. Deft yi DM D. b dellwy address different from Item 1? ❑ Ye: M YES, enter delivery address below: ❑ No 3. Service Type 1016�rtifled Mall ❑ Express Mail O Registered _[3Aetdm Receipt for Merchandise ❑ Insured Mail ❑ C.O.D. 4. Restricted Delivery? (Extra Fee) 7004 2890 0003 8041 9571 ❑ Yes Ps Form 3811, February 2004 102595 02-M-15 I M1 (L MATTEW C. FLORA PO Box 151411 Alexandria, VA 22315 - 1411 March 24, 2005 VIA FACSIMILE 252-247-3330 and FIRST CLASS MAIL Mr. Mark Hardeman Division of Coastal Management 400 Commerce Avenue Morehead City, NC 28557 RE: Notice of Violation - CAMA Violation No. 05-07C Lot 1, Coral Bay Ridge, Atlantic Beach, NC Dear Mr. Hardeman: Enclosed is the restoration plan for my property. At this point the bulkhead has been removed and I believe the previous grade and contour to any disturbed land has been restored to your satisfaction, but we are waiting for a CAMA inspection to make this determination. I want to extend my heartfelt thanks to you, Ms. Barrett, Mr. Tyndall, and others at the Division of Coastal Management for your assistance in getting this matter resolved. While I may have ultimate responsibility for causing structures that have been built on my property to be brought into compliance with state and federal laws and regulations, I did not, and would not, either knowingly violate any laws with respect to development on my property, or authorize others to do so. Even though I am willing to sign the restoration plan and to make sure that it is implemented, I did not violate state or federal law. I bought my lot in May of 2004 based on a subdivision plat of Coral Bay Ridge which purports to show a wetland line. During the summer of 2004 I got in touch with Russell Willis of Carteret Septic Tank and Construction Company to inquire about clearing my property for building. He advised me that 61 the lot was so close to wetlands that he could not start work until the wetlands lines were staked off by an expert. I then contacted Stroud Engineering in Morehead City and engaged Stroud to stake off the wetland lines. Striud performed the work in September of 2004. After the lot was staked, Carteret Septic Tank and Construction Company cleared the lot. Over the telephone I was introduced to a marine contractor, Eric Ellis, to make arrangements for installing a bulkhead. All of the arrangements with Mr. Ellis were made over the telephone from my home in northern Virginia. I did not meet him in person but told him truthfully that Stroud had staked off the wetlands. He commenced constructing the bulkhead according to the stakes that had been placed by Stroud Engineering. I, I first learned of a problem on February 16, 2005 in a call from Mr. Ellis in which he indicated that the Corps lof Engineers had told him that his work was in probable violation of environmental laws. You know the sequence from that point on. In this matter I was relying on Stroud Engineering principally, but also Eric Ellis to some extent, to ma. sure that all work complied with all environmental laws and regulations. Now that it appears that both state and federal requirements were not met, and with state and federal agencies looking to me as the owner of the property to make sure that matters are brought into compliance, I am in negotiations with Stroud Engineering, Mr. Ellis, and the developer of the subdivision to indemnify me againstl all of my expenses and losses, and I fully expect that the costs of the initial work and the remedial work will be borne by these parties. I truly regret that work done on my property may not have been in compliance with state or federal laws or regulations. However, I did not intentionally authorize work in violation of the law, and in fact thought I had taken all necessary steps to make sure that the work was in full compliance. Sincerely, Matthew C. Flora Enclosure RESTORATION PLAN For Mr. Matt Flora Property Property located at Lot t, Coral Bay Ridge, Carteret County Site Visit - 2123l05 Lot 1, Coral Bay Ridge Atlantic Beach Coastal March N7S NOV 05-07C ��, �IIWLLIO[12eU tlLLCIEaa :- / pnz Coastal / WethMILiae ' J I Approx. Section 404 Wethowl Line(Baa, d By USACL) f i � • Matt Flora ( property salter Polk Road I, Mr. Matt Flora, agree o remove the unauthorized bulkhead and return the disturbed land to the previous grade and contour. I agree to complete this restoration to the satisfaction of the Division of Coastal Management (DCM) by March 25, 2005, or provide an explanation for non-compliance and a reasonable request for time extension. When corrective actions are complete, I will notify the DCM so the work can be inspected. SIGNATURE: DATE: Ow"La 9, It., a 00 5— It is the policy of the Coastal Resources Commission to levy a minimum civil assessment $350.00 and higher against all violations of this type depending upon the damage to the resources. If restoration is not undertaken or satisfactorily completed, a substantially higher civil assessment will be levied and an injunction sought to require restoration. ,� � .01•tdC- ,..rat ��[- �-sn-•• �"�f[, ,G✓'7z�, .'�— .a.twf��+w/:, 1-4-u L DEPARTMENT OF THE ARMY WILMINGTON DISTRICT, CORPS OF ENGINEERS PO BOX 1890 WILMINGTON NC 28402-1890�� March 15, 2005 Regulatory Division Action ID No. 200500536 Mr. Matthew Flora Post Office Box 151411 Alexandria, Virginia 22315-1411 Dear Mr. Flora: MAR 7 2005 Morehead City DOM Please reference your February 23, 2005 onsite meeting with Mr. Mickey Sugg of my Regulatory Staff, regarding the unauthorized mechanized land clearing and construction of a bulkhead in Section 404 wetlands on your property located on Lot 1, in Coral Bay Ridge Subdivision, on Ocean Ridge Court, north side of NC Hwy 58 (Salter Path Road), adjacent to Hoop Pole Creek, in Atlantic Beach, Carteret County, North Carolina. Also in attendance at the meeting were Mr. Neil Whitford, your attorney; Mr. Eric Ellis, your contractor; Ms. Tere Barrett and Mark Hardeman of North Carolina Division of Coastal Management; Mr. Ron Cullipher of Stroud Engineering; Messrs. Bill Smith and Dale Elmore, previous lot owners and developers of the subdivision; Mr. Alan Shelor of Alan Shelor Realty; and Mr. Lary Baldwin, wetland consultant with Land Management Group. Also, please reference Mr. Sugg's February 16, 2005 onsite inspection. Based on Mr. Sugg's February 16 inspection and internal review, our office has determined that the activity, without authorization by a Department of the Army permit, has impacted approximately 900 square feet of jurisdictional wetlands and is a violation of Section 301 of the Clean Water Act. Additionally, it is our understanding that, through coordination with Ms. Barrett and Mr. Hardeman, your recent activity is a violation with the North Carolina Coastal Area Management Act (CAMA). As discussed during the February 23rd onsite meeting, you are directed to cease and desist from any further work in wetlands and to perform the restoration discussed with Mr. Sugg and Ms. Barrett and as described in the enclosed restoration map. Restoration includes the removal of the entire existing bulkhead that has been constructed waterward of DCM's coastal wetland line. Precautions must be taken during the extraction of the structure and any heavy equipment must use mats if rutting occurs. The fill material in wetlands, as the result of construction the bulkhead, must be redeposited within the footprint of the structure. Erosion control measures (i.e., riprap, silt fence, straw, hay, ground cover...) must be properly implemented upon completion of work, particularly along the slope of the new wetland line. All remedial work I -2- must be accomplished within 30 days of the receipt of this letter. Failure to cease and desist from further activity in jurisdictional waters and perform the restoration work may result in the immediate referral of the matter 1 Attorney with a recommendation for civil prosecution. If you have any questions or comments, please contact Mr. Sugg, Field Office, at (910) 251-4811. Sincerely, Keith A. Harris, Chief Wilmington Regulatory Field Enclosure Copies Furnished (with enclosure): Ms. Noelle Lutheran Copies Furnished (without Division of Water Quality N.C. Department of Environment U.S. Attorney and Natural Resources Eastern District of North CE 128 Cardinal Drive Extension 310 New Bern Avenue Wilmington, North Carolina 28405 Suite 800, Federal Building Raleigh, North Carolina 27 Mr. Mark Hardeman N.C. Division of Coastal Management Mr. Wallace R. Sherron,1 400 Commerce Avenue State Property Section Morehead City, North Carolina 28557-3421 N.C. Department of Aden 116 West Jones Street Is. Tere Barrett Raleigh, North Carolina N.C. Division of Coastal Management 400 Commerce Avenue Mr. Mike Wylie Morehead City, North Carolina 28557-3421 U.S. Environmental Prote Wetlands Section -Region Water Management Divis 61 Forsyth Street, SW Atlanta, Georgia 30303 m lands and to the U.S. Regulatory 11 Agency -2- Mr. Neil Whitford Post Office Drawer 1347 Morehead City, North Carolina 28557 Mr. Ron Cullipher Stroud Engineering 151-A Hwy 24, Hestron Plaza II Morehead City, North Carolina 28557 Mr. Dale Elmore Centre Construction Group 203 East Whitaker Mill Road Raleigh, North Carolina 27508 Mr. Bill Smith Access Medical Development 2304 Wesvill Court, Suite 380 Raleigh, North Carolina 27607 Ms. Donna Turner, Inspections Department Town of Atlantic Beach Post Office Box 10 Atlantic Beach, North Carolina 28512 Mr: Lee Smith, Planning Director Town of Atlantic Beach Post Office Box 10 Atlantic Beach, North Carolina 28512 D� W_ Flo,ZA �� iY, aoos wcrs Wei lads -� : Uplands �FSTo2,gTi�N �l ens✓ Lod" a lkheu , Anil A "Or w s LAB &Wed co r N :E R95 0� �wf7ol y�npl,SdR�S L O+ I CS$1 t ��£jdT OF O Ga 2 •C'���SNn, Of DEPARTMENT OF THE ARMY WILMINGTON DISTRICT, CORPS OF ENGINEERS PO BOX 1890 WILMINGTON NC 28402-1890 March 15, 2005 Regulatory Division Action ID No. 200500536 Mr. Matthew Flora Post Office Box 151411 Alexandria, Virginia 22315-1411 Dear Mr. Flora: korc `v L `v!y% Please reference your February 23, 2005 onsite meeting with Mr. Mickey Sugg of my Regulatory Staff, regarding the unauthorized mechanized land clearing and construction of a bulkhead in Section 404 wetlands on your property located on Lot 1, in Coral Bay Ridge Subdivision, on Ocean Ridge Court, north side of NC Hwy 58 (Salter Path Road), adjacent to Hoop Pole Creek, in Atlantic Beach, Carteret County, North Carolina. Also in attendance at the meeting were Mr. Neil Whitford, your attorney; Mr. Eric Ellis, your contractor; Ms. Tere Barrett and Mark Hardeman of North Carolina Division of Coastal Management; Mr. Ron Cullipher of Stroud Engineering; Messrs. Bill Smith and Dale Elmore, previous lot owners and developers of the subdivision; Mr. Alan Shelor of Alan Shelor Realty; and Mr. Larry Baldwin, wetland consultant with Land Management Group. Also, please reference Mr. Sugg's February 16, 2005 onsite inspection. Based on Mr. Sugg's February 16 inspection and internal review, our office has determined that the activity, without authorization by a Department of the Army permit, has impacted approximately 900 square feet of jurisdictional wetlands and is a violation of Section 301 of the Clean Water Act. Additionally, it is our understanding that, through coordination with Ms. Barrett and Mr. Hardeman, your recent activity is a violation with the North Carolina Coastal Area Management Act (CAMA). As discussed during the February 23d onsite meeting, you are directed to cease and desist from any further work in wetlands and to perform the restoration discussed with Mr. Sugg and Ms. Barrett and as described in the enclosed restoration map. Restoration includes the removal of the entire existing bulkhead that has been constructed waterward of DCM's coastal wetland line. Precautions must be taken during the extraction of the structure and any heavy equipment must use mats if rutting occurs. The fill material in wetlands, as the result of construction the bulkhead, must be redeposited within the footprint of the structure. Erosion control measures (i.e., riprap, silt fence, straw, hay, ground cover...) must be properly implemented upon completion of work, particularly along the slope of the new wetland line. All remedial work r -2- must be accomplished within 30 days of the receipt of this letter. Failure to cease and desist from further activity in jurisdictional waters and perform the restoration work may result in the immediate referral of the matter t Attorney with a recommendation for civil prosecution. If you have any questions or comments, please contact Mr. Sugg, Field Office, at (910) 251-4811. Enclosure Copies Furnished (with enclosure): Ms. Noelle Lutheran Division of Water Quality N.C. Department of Environment and Natural Resources 128 Cardinal Drive Extension Wilmington, North Carolina 28405 4. Mark Hardeman N.C. Division of Coastal Management 400 Commerce Avenue Morehead City, North Carolina 28557-3421 Ms. Tere Barrett N.C. Division of Coastal Management 400 Commerce Avenue Morehead City, North Carolina 28557-3421 Sincerely, Keith A. Harris, Chief Wilmington Regulatory Field Copies Furnished (without tetlands and to the U.S. Regulatory U.S. Attorney Eastern District of North.Caroli 310 New Bern Avenue Suite 800, Federal Building Raleigh, North Carolina 27611 Mr. Wallace R. Sherron, Di: State Property Section N.C. Department ofAdmini 116 West Jones Street Raleigh, North Carolina 27 Mr. Mike Wylie U.S. Environmental Prote Wetlands Section -Region Water Management Divis 61 Forsyth Street, SW Atlanta, Georgia 30303 Agency -2- Mr. Neil Whitford Post Office Drawer 1347 Morehead City, North Carolina 28557 Mr. Ron Cullipher Stroud Engineering 151-A Hwy 24, Hestron Plaza 11 Morehead City, North Carolina 28557 Mr. Dale Elmore Centre Construction Group 203 East Whitaker Mill Road Raleigh, North Carolina 27508 Mr. Bill Smith Access Medical Development 2304 Wesvill Court, Suite 380 Raleigh, North Carolina 27607 Ms. Donna Turner, Inspections Department Town of Atlantic Beach Post Office Box 10 Atlantic Beach, North Carolina 28512 Mr. Lee Smith, Planning Director Town of Atlantic Beach Post Office Box 10 Atlantic Beach, North Carolina 28512 .. l �= ►vl,4kew Florza vD. o�00Sl7053� �� iY, aoas ,nTs J�o} -to Scale Wek la�s -�/ : UPlauls "PE 51 O2ATvN'PLA A1 Lo+ a- ' LS j �Ir eta ul COE \\ T ti� I � N : R95 a� �ow�o` Nnpf,S�R� Loft ( / J Sal{� �d� � ( N C 5$) 11 , _r NCDENR North Carolina Department of Environment and Natural Division of Coastal Management Michael F. Easley, Governor Charles S. Jones, Director William G. Ross Jr., Secretary NOTICE OF VIOLATION March 2, 2005 CERTIFIED MAIL RETURN RECEIPT REQUESTED Mr. Matt Flora P. 0. Box 151411 Alexandria, VA. 22315-1411 RE. NOTICE OF VIOLATION AND REQUEST TO CEASE UNAUTHORIZED DEVELOPMENT — CAMA VIOLATION #05.07C . Dear Mr. Flora This letter confirms that on February 23, 2005, Tere Barrett and Mark Hardeman representing DCM, Henry Wicker and Brad Shaver with the USACE, and Donna Turner with Atlantic Beach Inspections Dept. were onsite at your property located at Lot 1, Coral Bay Ridge adjacent to Bogue Sound located in Atlantic Beach, off Salter Path Rd., Carteret County, North Carolina. The purpose of the visit was to investigate unauthorized development of a bulkhead and land disturbance within Coastal Wetlands and Section 404 Federal Wetlands. 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 respc disturbance, 140' of unauthorized bulkheading, and sedimentation of Coastal Well of the bulkheading on the aforementioned property. This activity took place in Cc Estuarine Waters and Estuarine Shorelines that are contiguous with Bogue Wetlands, Estuarine Waters and Estuarine Shoreline areas are designate( Environmental Concern (AEC). No CAMA permit was issued to you for work in this these findings, I am initiating an enforcement action by issuing this Notice of Violas of the Coastal Area Management Act and the State's Dredge and Fill Law. I request that you immediately CEASE AND DESIST any further unauthorized designated Areas of Environmental Concern. A civil assessment of up to $2,500 n against any violator. Each day that the development described in this notice repeated may constitute a separate violation that is subject to an additional asse 400 Commerce Avenue, Morehead City, North Carolina 28557 Phone: 252-808-2808 l FAX: 252-247-33301 Internet: www.nccoastalman ;ible for land ds as a result >tal Wetlands, fund. Coastal as Areas of -ea. Based on n for violation tivities within be assessed continued or rent of up to An Equal Opportunity 1 Affirmative Action Employer-50% Recycled 110% Post Consumer Ir Mr. Matt Flora 02 March 2005 Page 2 of 4 $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 $350.00 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, unauthorized development in the Coastal Wetland and the Estuarine Shoreline AEC, is not consistent with Section 15A NCAC 07H.0208(b)(7)(B) which states that bulkheads shall be constructed landward of significant marshland or marshgrass fringes. Therefore, I am requesting that the bulkhead be removed from the site and all disturbed ground be brought back to the original grade and contour. 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. 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 notified as to the amount of the civil assessment for undertaking development without first obtaining the proper permit and/or development that is inconsistent with Coastal Resources Commission rules. 400 Commerce Avenue, Morehead City, North Carolina 28557 Phone: 252-808-28081 FAX: 252-247-33301 Internet: www.nccoastalmanagement.net An Equal Opportunity 1 Affirmative Action Employer — 50% Recycled 110% Post Consumer Paper Mr. Matt Flora 02 March 2005 Page 3 of 4 Sincerely, j441'."4 Coastal Management Representative Cc:Ted Tyndall, Assistant Director, DCM .ere Barrett, District Manager, DCM Roy Brownlow, Compliance Coordinator, DCM Henry Wicker, USACE ENCLOSURE 400 Commerce Avenue, Morehead City, North Carolina 28557 Phone: 252-808-28081 FAX: 252-247-33301 Internet: www,nccoastaimanagement.net An Equal Opportunity 1 Affirmative Action Employer — 50% Recycled 110% Post Consumer Paper RESTORATION PLAN For Mr. Matt Flora Property Property located at Lot 1, Coral Bay Ridge, Carteret County sib Visit - MX05 Lat 1, Coral Bay Ridge 4tlantic Beach tl Coastal Marsh NIS NOV 05-07C Appr. PIL .ji V\prw f / � rj♦' -u' wnmu nu maa,: '�. . T�Aprnx c.arla Wetland Line Approx Section 404 Wetland Line (flagrd By USACE) Matt Flora Properly S9br Pat► Road I, Mr. Matt Flora, agree to remove the unauthorized bulkhead and return the disturbed land to the previous grade and contour. I agree to complete this restoration to the satisfaction of the Division of Coastal Management (DCM) by March 25, 2005, or provide an explanation for non-compliance and a reasonable request for time extension. When corrective actions are complete, I will notify the DCM so the work can be inspected. SIGNATURE: DATE: It is the policy of the Coastal Resources Commission to levy a minimum civil assessment $350.00 and higher against all violations of this type depending upon the damage to the resources. If restoration is not undertaken or satisfactorily completed, a substantially higher civil assessment will be levied and an injunction sought to require restoration. RESTORATION PLAN For Mr. Matt Flora Property Property located at Lot 1, Coral Bay Ridge, Carteret County Sit Visit —=30s Lot I, Coral Bay Ridge Atlantic Beach ;1 Coastal Marsh N15 Novas -OTC Appr. PIL _r 1 i ' ,4Unautharired Bulkhead.... � � �Approx Coastal , / Wetland Line l Approc Section 404 Wetland Line (flagged By USACi7 i Matt Flora Property I, Mr. Matt Flora, agree to remove the unauthorized bulkhead and return the disturbed IZ and contour. I agree to complete this restoration to the satisfaction of the Division of Coastal Managen 2005, or provide an explanation for non-compliance and a reasonable request for time e7 actions are complete, I will notify the DCM so the work can be inspected. SIGNATURE: Salter Path Road d to the previous grade i (DCM) by March 25, ion. When corrective i DATE: It is the policy of the Coastal Resources Commission to levy a minimum civil assessment 3350.00 and higher against all violations of this type depending upon the damage to the resources. If restoration is not undertaken or satisfactorily completed, a substantially higher civil assessment will be levied and an injunction sought to require restoration. I 67Mar-0 �C DIVISION OF COASTAL MANAGEMENT ENFORCEMENT RECORD CASE STATUS: OS-07C FLORA "+ 1 MATT PY. - FIRST NAME BUSINESS NAME l r r I CASE NUMBER LAST NAME O' CASEISOPEN ' 0 ,CASE IS CLOSED - AFFLILIATION SECTOR _ _._ PROPERTY Previous Violations m Same AEC, ("1: NOV DATE .CLOSURE DATE. - POWNS PRIVATE for Similar Activities, ?_ ' MAI LINO ADDRESS , r CITY -.STATE 'ZIP CODE 'PHONE NUMBER ob 151411 ALEXANDRIA VA I ( ) i P „ 22315 i 202 323-4227 j y v PROPERTY ADDRESS,: - COMMUNITY WATERBODY fl. NEAREST ROAD s i LOT 1 CORAL BAY RIDGE E ,' = ATLANTIC BEACH ll. ROGUE SOUND JI SALTER PATH DISTRICT OFFICE COUNTY' . ,' DCM'REPRESENTATIVE' . LPO CONTACT ' 1' MHCDO CARTERET �; HARDEMAN t` 1 °k ;I VIOLATION TYPE ' MAJOR CAMA lus DREDGE AND FILLTYPE, .. I a 4. p ¢ • • AEC TYPE • CW EW ES - ' rNATUREOFVIOLATION �, .-,.. ..,'... __". • - ,, ;• ,.` .. Unauthorized major development and violation of the State's Dredge & Fill Law by commencing land disturbance and 140' of unauthorized bulkheading within the CW, ES, and EW AECs adjacent to Bogue Sound I 8 •a- "§'.".y „2 ,+.. 751 i' .RESTORATION STATUS ._;_ _.__.. u..,.,.,.,._.,;.-. ,�.,.... , ,. RESTORATION REQUES7 DATE „•COMPLETION DATE--, 3/2512005 E ❑RESTORATION NOT REQUIRED CONTRACTOR •- +, , _ 4 EXTENDED RESTORATION D RESTORE DATE !-I , ❑ RESTORATON INOT REQUIRED PERMITTA13LE DEVELOPMENT ;' Q DEADLINE �, , i 4 ` ❑ RESTORATION NOT REQUIRED FURTHER IMPACTS EXTENDED I` REFERRED TO AG'S OFFICE COLLECTION ' i ❑RESTORATION PENDING � ` CI, t ` - °: -REFERRED TO AG'S OFFICE -INJUNCTION r rt ASSESSMENT DATE PENALTY'AMOUNT COLLECTION DATES I. , a AMOUNT COLLECTED [.,,,PENALTY STATUS PENALTY r: ®PENALTY -NOT ISSUED " 81 WILLFUL. INTENTIONAL_ PENALTY (MIN OR DOUBLED) ® CNOV ISSUED ' CONRACTOR'S FIR57 OFFENSE ° Q'SETTLED, AGREED'UPON, OR STIPULATED PENALTY ®'' pENALTY'APPEALED' _ '❑D UNCOLLECTIBLE PENALTY: 12FORMAL CPA ISSUED u� " p VIolaUons 66IVIng Adverselyllmpabted Resources x AMOUNT OF ADVERSELY DISTURBED AREA (SQ.FT) 140 IL-,, �•y AMOUNT OF RESTORED AREA (SQ`. FTf ! ,' _ a NOTES , .. ' (. ALSO SEE CASE NO. 05-08C ELLIS, ERIC - CONTRACTOR FOR FLORA. TRANSACTION REPORT DATE START RECEIVER TX TIME PAGES TYPE P. 01 MAR-15-2005 TUE 04:08 PM NOTE M# bp MAR-15 04:06 PM 912023245178 1'49" 6 SEND OK 975 MAR-24-2005 16:41 CAU 202 324 3838 P.01 COVER SHEET PRECEDENCE Immediate Time Tranamb ❑ Priority Sender's Initia ❑ Routine Number of Pal (including To: 01'Vr'SJ'6'>+/ Name of Office Facsimile Number: S )- - a Y7 - 3 3 3 a ,Attn: `AAo-k l Azdp.w.a.✓ ItTL— Po,P—'XP From: M,q if F/ Name of Subject: MAR -Lk 2lp a-ea-r L§L-//f0L Nc-'015N2- Res o Special Handling Instructions: Originator's Name: Al A 1!t F16MA Telephone: Originator's Facsimile Number - Approved: Brief Description of Communication Faxed: M sheet) MAR-24-2005 16:41 CAU 202 324 3638 P.02 MATTEW C. FLORA PO Box 151411 Alexandria, VA 22315 -1411 March 24, 2005 VIA FACSIMILE 252-247-3330 and FIRST CLASS MAIL Mr. Mark Hardeman Division of Coastal Management 400 Commerce Avenue Morehead City, NC 28557 RE: Notice of Violation - CAMA Violation No. 05-07C Lot 1, Coral Bay Ridge, Atlantic Beach, NC Dear Mr. Hardeman: Enclosed is the restoration plan for my property. A point the bulkhead has been removed and I believe tb previous grade and contour to any disturbed land has restored to your satisfaction, but we are waiting fo inspection to make this determination. this a CAMA I want to extend my heartfelt thanks to you, Ms. Barlett, Mr. Tyndall, and others at the Division of Coastal Management for your assistance in getting this matter resolved. While I may have ultimate responsibility for causing structures that have been built on my property to be brought into compliance with state and federal laws and regulations, I did not, and would not, either knowingly violate any laws with respect to development on my property, or authorize others to do so. Even though I am willing to sign the restoration plan and to make sure that it is implemented, I did not violate state or federal law. I bought my lot in May of 2004 based on a subdivision plat of Coral Bay Ridge which purports to show a wetland 1 ne. During the summer of 2004 I got in touch with Russell Willis of Carteret Septic Tank and Construction Company to inquire about clearing my property for building. He advised me that MAR-24-2005 16:42 CRU 202 24 3838 the lot was so close to wetlands that he could not start work until the wetlands lines were staked off by an expert. I then contacted Stroud Engineering in Morehead. City �nd engaged Stroud to stake off the wetland lines. Strou�3 performed the work in September of 2004. After the lot was staked, Carteret Septic Tank and Construction Company cleared the lot. over the telephone I was introduced to a marine contractor, Eric Ellis, to make arrangements for installing a bulkhead. All of the arrangements with Mr. Ellis were made over the teleph ne from my home in northern Virginia. I did not meet h' in person but told him truthfully that Stroud had staked off the wetlands. He commenced constructing the bulkhead according to the stakes that had been placed by StrouT Engineering. I first learned of a problem on February 16, 2005 in call from Mr. Ellis in which he indicated that the Corps of Engineers had told him that his work was in probable violation of environmental laws. You know the sequence from that point on. In this matter I was relying on Stroud Engineering principally, but also Eric Ellis to some extent, to ke sure that all work complied with all environmental laws and regulations. Now that it appears that both state and federal requirements were not met, and with state and federal agencies looking to me as the owner of the property to make sure that matters are brought into compliance] I am in negotiations with Stroud Engineering, Mr. Ellis, a�d the developer of the subdivision to indemnify me against oll of my expenses and losses, and I fully expect that the costs of the initial work and the remedial work.will be borne ly these parties. I truly regret that work done on my property may not have been in compliance with state or federal laws or regulations. However, I did not intentionally authorise work in violation of the law, and in fact thought I had taken all necessary steps to make sure that the work was in full compliance. Sincerely, MAR_24-2005 16:42 CRU 202I324 3638 P.04 Matthew C. Flora Enclosure MAR-24-2005 16:42 CAU 202 324 3838 P.05 RESTORATION PLAN For Mr. Matt Flora Property Property located at Lot 1, Coral Bay Ridge, Carteret County Sale Vidt-=3AS Sat 1, Con 1RVRNge , Rewh Id; •, � coroalmnen ovos-0rcAFFM PAL , 1 cloastd V' `J,� i .•.- ✓, 'J dpplen s"don 404 t - RyUSACr) �• r ��. I,• MenFLn sl.e PA& Road I, Mr. Matt Flora, agree to remove the unauthorized bulkhead and return the disturbed land to ttie previous grade and contour. I I agree to complete this restoration to the satisfaction of the Division of Coastal Management (DQM) by March 25, 2005, or provide an explanation for non-compllence and a reasonable request for time extension. I) When corrective actions are complete, I will notify the DCM so the work can be Inspected. SIGNATURE: DATE: It is the policy of the Coastal Resources Commission to levy a minimum civil assessment $350.00 and hlgl violations of this type depending upon the damage to the resources. If restoration is not undertaken or sal substantially higher civil assessment will be levied and an injunction sought to require restoration. 411A-4 �.. �, .A,a�a- -� �'� ee�-�.s�>.:..� •a-.. mil.¢, 2 t all completed, a r�.;n�al7 DEPARTMENT OF THE ARMY U.S. ARMY ENGINEER DISTRICT, WILMINGTON CORPS OF ENGINEERS PO BOX 1890 WILMINGTON, NC 28402-1890 OFFICIAL BUSINESS 012H16209604 $ 00.370 N _ = 03/16/2005 o- 28403 US POSTAGE Ms. Tere Barrett N.C. Division of Coastal Manageme - 400 Commerce Avenue Morehead City, North Carolina 285 --3421 aays'?+.a2I, o'? III IIIIIIII11fifIII IfIII III 1II„IfIitIll If„IIIIffiIIiff11II1I a =g ■ 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 Isx as is IL44 I A. Signature X qy"L(� �G! ��A 4y ❑ Agent ❑ Addre B. Received by (PA Name) C. Date of Delivery D. Is delivery address different from Rem 17 ❑ Yes If YES, enter delivery address below: ❑ No 3. Service Type ,-, Gedified Mail ❑ Express Mail ❑ Registered —C34W um Receipt for Merchandise ❑ Insured Mail ❑ C.O.D. 4. Restricted Delivery? (Extra Fee) ❑ Yes ` 2. Article Number I(iiansfer from service label) PS Form 3811, February 2004 Domestic Return Receipt 102595-02-M-1 a -11 UNITED STATES POSTAL SE RV VII 11 7 PM `0 • Sender: Please pdnijiuchbfie, address, -- Z. NC Division of Coastal U Manageme4u NT 400 Commerce Avenue Cc D Morehead City, NC 28557 9