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HomeMy WebLinkAbout05-37C HolderA�i�► �� NCDENR North Carolina Department of Environment and Natural Division of Coastal Management Michael F. Easley, Governor Charles S. Jones, Director March 1, 2006 Avery Holder 317 Whitehall Way Cary, NC 27511 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 #05-37C Dear Mr. Holder: This letter will acknowledge receipt of your check #8148, in the amount February 26, 2006. Once the amount of the check is credited to the Depa and Natural Resources' account, this matter will be fully and completely cl If you have any further questions concerning this matter, please contact me office, (252) 808-2808. Sincerely, Tere Barrett District Manager TB/lsb cc: Roy Brownlow, Compliance Coordinator Ted Tyndall, Asst. Director Ryan Davenport, Coastal Management Rep. Henry Wicker, COE 400 Commerce Avenue, Morehead City, North Carolina Phone: 252-808-2808 \ FAX: 252-247-3330 \ Internet: www.nccoas $100.00, and dated ent of Environment my Morehead City An Equal Opportunity \ Affirmative Action Employer-50% Recycled \ 10% Post Consumer Paper Mr. Avery Holder February 21, 2006 Page 3 of 3 CAMA VIOLATION #05.37C MR. AVERY HOLDER AGREEMENT TO PAY PROPOSED CIVIL ASSESSMENT I understand that the staff of the Department of Environment and Natural Resourc assessment of a civil penalty in the amount of $100.00 against me for violation ( Management Act, NCGS 113A-100 et seMc , committed on or near my property at 145 WE Point, Carteret County, North Carolina. In order to resolve this matter with no further actii part, I accept responsibility for the violation as described in the Notice of Violation letter agree to pay the proposed civil assessment of $100.00. 4L 6,� DATE will propose the the Coastal Area rway Drive, Cedar or expense on my ted 10/04/05, and SIGNAfiRE 517 WhfLhal( Way ADDRESS CaLr� N � d? 5ll —6 ) 5 r 0a#5 TELEPHONE NU MAR I 1 Nob City ()CM 400 Commerce Avenue, Morehead City, North Carolina 28557 Phone: 252-808-28081 FAX: 252-247-33301 Internet: www.nccoastalman An Equal Opportunity 1 Affnnative Action Employer-50% Recycled 110% Post Consumer A,y�*A NCDENR North Carolina Department of Environment and Natural Resot Division of Coastal Management Michael F. Easley, Governor Charles S. Jones, Director Willian February 21, 2006 ULSB 0 _TB CERTIFIED MAIL MTT RETURN RECEIPT REQUESTED Mr. Avery Holder 317 White Hall Way Cary, NC 28511 RE: CAMA VIOLATION #05-37C Dear Mr. Holder: G. Ross Jr., Secretary This letter is in reference to the Notice of Violation dated 10104/05 that Dalton Henry, Local Permit Officer for Carteret County, issued to you for exceeding the impervious allowance authorized under CAMA Minor Permit #56-04, at 145 Waterway Drive in Cedar Point, Carteret County. The violation involved thE Estuarine Shoreline AEC, which is an Area of Environmental Concern designated by the Coastal Resources Commission. Based upon the site visit conducted on January 18, 2006 by Mr. Henry, 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 $250 may be assessed for any Minor Permit 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 comp nsate the public for any damage to its natural resources. Under the rules of the Coastal Resource Commission, a proposed civil penalty in the a appropriate for this violation. You may expeditiously resolve this matter prior to the asses: penalty by accepting responsibility for the violation and paying the amount proposed abou you must: (1) sign one of the attached copies of an "Agreement to Pay Civil Assessment;" money order for $100.00 made payable to the North Carolina Department of Envin Resources (NCDENR); and (3) return the signed agreement and payment to this office i addressed envelope within ten (10) days of your receipt of this letter. Upon deposit 1 Department's account, you will receive a Notice of Compliance officially closing this enfot do not send a signed agreement and payment to this office within ten (10) days, the Dire( Coastal Management will formally assess a civil penalty against you. You will then ha( request a hearing on the penalty or request remission of the penalty. 400 Commerce Avenue, Morehead City, North Carolina 28557 Phone: 252-808-28081 FAX: 252-247-33301 Internet: www.nccoastalmar nount of $100.00 is ment of a formal civil In order to do this, (2) attach a check or nment and Natural 1 the enclosed, seif- If your check in the ,ement action. If you for of the Division of e the opportunity to An Equal Opportunity 1 Affirmative Action Employer— 50% Recycled \ 10% Mr. Avery Holder February 21, 2006 Page 2 of 3 Thank you for your time and cooperation in resolving this important matter. If you have any questions, please do not hesitate to contact me at (252) 808-2808. Sincerely, �( Tere Barrett, District Manager, MHC Division of Coastal Management Enclosures cc: Ted Tyndall, Assistant Director, DCM Roy Brownlow, Compliance Coordinator, DCM Ryan Davenport, Coastal Management Representative, DCM Dalton Henry, LPO 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 STAT&Km� L ".SERVICE e� I uses �i. c a•: c(vd�ri4.LJa-uwm �..� P .-.... 10 • Sender: Please print your name, address, and ZIP+4in this box N.C. Division of Coastal Management 400 Commerce Avenue Morehead City, N.C. 28557 808-2808 I ■ 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 mailplece, or on the front if space permits. 1. Article Addressed to: � I QC' z�511 2. Ar m PS F,.— --' - -- A. X Is deliveryladdreas different f M K YES, enter delivery addrriss b ❑ Agent 3. Service Type `�„�./ ❑ Certified Mail O Express Mail ❑ Registered 13 Return Receipt for Merchandise O keued Mel O C.O.D. Mr. Avery Holder February 21, 2006 Page 3 of 3 CAMA VIOLATION #05.37C MR. AVERY HOLDER AGREEMENT TO PAY PROPOSED CIVIL ASSESSMENT I understand that the staff of the Department of Environment and Natural Resourc assessment of a civil penalty in the amount of $100.00 against me for violation r Management Act, NCGS 113A-100 eE sect, committed on or near my property at 145 Wt Point, Carteret County, North Carolina. In order to resolve this matter with no further acti part, I accept responsibility for the violation as described in 'the Notice of Violation letter agree to pay the proposed civil assessment of $106.00. DATE SIGNATURE ADDRESS TELEPHONE NUMI 400 Commerce Avenue, Morehead City, North Carolina 28557 Phone: 252-808-2808 \ FAX: 252-247-3330 \ Internet: www.nccoastalman will propose the the Coastal Area rway Drive, Cedar or expense on my Ited 10/04/05, and An Equal Opportunity \Affirmative Action Employer— 50% Recycled \ 10% Post Consumer 02/17/2006 10:00 3933205 WESTERN OFF PAGE 02 Katrina F. Marshall, AICP Director Mr. Avery Holder 317 Whitehall Way Cary, NC 27511 CARTERET COUNTY DEPARTMENT OF PLANNING & DEVELOPM Main Office: Western Courthouse Square 701 Cedar F Beaufort, NC 28616-1898 Cedar point, NC Tel: (252) 728-6497 Tel: (252) 728-8545 (252j Fax; (252) Fax: 28-6543 January 20, 2006 RE: RESTORATIONACCEPTANCE—CANAViOLA7ION#M7C Dear Mr. Holder. This letter is in reference to the Notice of Violation #05-37C sent to you dated 10/04/05 25% built upon area limitation within the Estuarine Shoreline AEC adjacent to an Outs Water in or near Bogue Sound. The violation took place on your property located at 1451 the town Cedar Point in Carteret County, North Carolina. This unauthorized ai development and you were requested to remove the built upon area to meet the allowed accordance with the North Carolina Administrative Code, Title 15A, Subchapter 7J.Ot Involving development which is inconsistent with guidelines for development with Areas Concern (AEC) must be corrected by restoring the project site to pre -development con lost resources or to prevent further resource damage. T Ant Blvd. 28584-8013 exceeding the ding Resource erway Drive in ty constituted 4 coverage, In any vlolatioa Environmental ms to recover I conducted a site visit at the aforementioned property on 01/18/06 to inspect the restoration of the unauthorized activity addressed in the Notice of Violation #05-37C. Based on this inspecti n, it has been determined that the restoration appears to have been accomplished to the satisfaction 0 this Division. Upon my submission of an enforcement report, you will be notified as to the amount of the givil 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 252/393-3204. Sincerely,, Dalton Henry Local Permit OBicer Cc: Ryan Davenport, Minor Permit Coordinator, DCM Ted Tyndall, District Manager, DCM Roy BrownlOw, Compliance Coordinator, DCM Katrina Marshall, Director of Planning & Development DCM ENFORCEMENT TRACKING REPORT Issuer Field Rep. ❑ Violation Base No. LPO A B OD Violated Permit No. LPJ (ifapplicable) Violation Descrip loft Was activity permittable? Yes / No Initial Discovery Date y Discovery Method Vii^^olatio�� Description " Respondent Inform tion Prio Violations in same AEC: Yes/& Case Number (5-3'-01 Respondent Name(s)$, ..... (Landowner/Agent/Contractor) Address--5l,ri — City - State Zipa� Phone # --- - Fax # Email,---— Violation0pe: Project Type: Authorizations Required: Site Visits Respondent ❑ No Permit 0 Private/Community ❑ Major ❑ CAMA Present Permit Condition Govt./Public Minor ❑ D&F S ❑ Expired Permit ❑ Commercial General S ❑ Inconsistent wl Rules ...-...-..- �YR.-. Site Visits Respondent Present [- L .................-....._.-..--........ Violation Location an Site Description P Rover File / Project Location: County Shoreline Length Street Address/ State Road/ Lot #(s) SAV: Not Sure _ Sandbags: Not Sure Subdivision PNA: Yes es /Q es �glp7 0 Adjacent City r—i% 'n 0114 ZIP ORW: ----__- Crit. Hab, Phone # ( River Basin c, Photos No Adjacent as o g Adj. Wtr. Body n_.lunknl_. Waiver Required es Closest In DWQ Buffer Area Maj. Wtr. Bo Specify DWQ Buffer if applicable: es No Restoration NOV Date Initial Req. Comp. Date Extension Granted Yes No Restoration Letter CNOV Date Date Comp. Observed Q(p Acceptance Date Assess. DCM Assess. Penalty Assessment I 7J.0409 Ref. Recomm. Sent to Respondent Date App./Permit Fee $ $ E Y 9 Penalty I E o Rcvd. b Dist. M r. Date _._.. _......... $ Assessment Extended Yes No Willful/Intent. $ -- —u Continuing E $ Other E E Total I /j/}- Formal Assessments, Appeals and Reductions Date Long Form Submitted Assessment Appealed Yes No Date Formal CPA Submitted El Penalty modified Final Assessment $ Date Attorney General's Office for Injunction or Formal Collection Date sent to AG ❑ Respondent not responsive to penalty/NOV ❑ Injunction to complete restoration Date Collection Let. Sent Date Demand Let. Violation Activities and Impacts AECs Affected: CW EW PTA ES PTS OEA HHF IH PWS: FC: _ Other: Restoration Required by the Respondent Yes / No Wetlands Impacted? Yes / No SA DS CI SY A SS SC SP IF BF If yes, which types: LS TY 404 Dimensions in excess Final dimesions Dimensions to restore Actually restored of permit/ unauthorized activities a I low, d Development Activities Hafiaat Descnpt,lon { NOTES: Closing Payment Received 9 Date Date Case Closed 11/15/2005 17:05 3933205 WESTERN OFF PAGE 01 WESTERN OMCE PLANNING AND INSPECTIONS FAX TRANSMITTALLFORM � To: ""J 13y,�� IUV) Organizariin: [4rnA Fax Number: 2(�-3' ,30 From: Phone: 252/393-3204 Fax Number: 252/393-3205 Dare: * 111I005 Number of pages including cover: 6 MESSAGE: 11/15/2005 17:05 3933205 WESTERN OFF PAGE 02 1004 1160 0005 9259 2856 a Katrina F. Marshall, AICP Director CERTIFIED MAIL DEI PLANNIN Main Office: Courthouse Square Beaufort, NC 28516-181 Tel: (252) 728.8497 (252)728-8545 Fax: (252)728-6643 A October 4, r Mr. Avery Holder 317 Whitehall Way Cary, NO 27511 r u RE.' NOTICE OFFAILURETO COMPLY WITH PERMIT CONDITIONSAND/OR CAMA STANDARDS Dear Mr. Holder: This letter confirms that on 09/30/05, 1 was onsite at your property located at 145 Waterway Drive adjacent to Bogue Sound located in Cedar Point, Carteret County, North Carolina. The purpose of the visit was to monitor the development project authorized under CAMA Minor Development Permit Number WO-56-04. I found that all applicable CAMA standards found in Title 15A NCAC 7H are not being met as required by the Permit and the Act. . Information gathered by me shows that you have undertaken minor development by construction of a single-family dwelling and paved driveway. No person may undertake minor development In a designated Area of Environmental Concern without first obtaining a permit from the North Carolina Department of Environment and Natural Resources, North Carolina General Statutes (N.C.G.S.) 11 3A-1 18. Anyone who undertakes minor development activity in a designated Area of Environmental Concern (AEC), and fails to act in accordance with the terms, conditions, or requirements of his/her permit, may be found to be in violation of the Coastal Area Management Act (CAMA) as specified in North Carolina General Statutes (N.C.G.S) 113A-126. Any development activity within a designated AEC, that was not authorized by WO-56-04, may also be a violation of N.C.G.S. 113A-118. (Such violations may be subject to civil and/or criminal penalties. Since you have no previous violation in the same type of AEC, it is the policy of the Coastal Resources Commission not to assess a civil penalty for this violation if the project is corrected as specified in this letter. callreto cooperate will result in issuance of a Notice of Violation and a civil penalty assessment. ) CSC 1,( - ?—' Based upon the North Carolina Administrative Code, Title 15A, Subchapter 07H. State Guidelines for Areas of Environmental Concern, the activity you have undertaken, exceeds the allowed built upon area by 11/15/2005 17:05 3933205 WESTERN OFF l� Avery Holder October 4, 2005 Page 2 of 3 approximately 1058 sq ft and you have allowed development by the construction of a within the required 30 foot buffer in the Estuarine Shoreline AEC adjacent to an Out, Water, which is not consistent with Section 15A 07H .0209 (f), that states in part; built u to no more than 25% of the lot and a 30 foot buffer zone must be maintained between al the normal water line. Therefore, I am requesting that the built upon area be reduced limitation and reduce the driveway to meet the 30 foot buffer setback. However, a ddvev over the pre-existing driveway as originally submitted and approved with the Minor I Please refer to the enclosed Restoration Agreement, PAGE 03 icrate driveway iding Resource i area is limited welopment and meet the 25% Of be allowed mit application. If you intend to cooperate with my request, please sign one of the attached Restoration greements and return it to me in the enclosed, self-addressed envelope within ten (10) days of receipt of Ns letter. Failure to comply with this request or respond back to this office prior to the requested deadline wfth an acceptable schedule for compliance will be interpreted as a refusal to cooperate and will resull 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 assist you in complying with the requirements of these laws. I am available to meet with you on site; you have any questions concerning this matter. Thank you for your time and cooperation in resolving this important matter, If completion c as requested in the Restoration Plan Agreement is not carried out to the satisfaction c Coastal Management, you will be notified as to the amount of a civil assessment development without first obtaining the proper permit(s). Sincerely, Dalton Henry Local Permit Officer Cc; Ryan Davenport, DCM Ted Tyndall, District Manager, DCM Roy Brownlow, Compliance Coordinator, DCM Katrina Marshall, Planning and Development Director Chris Seeberg, CMR Services ENCLOSURE the restoration the Division of or undertaking 11/15/2005 17:05 3933205 WESTERN OFF PAGE 04 RESTORATION PLAN For Avery Holder CAMA Minor Violation #05-37C Property located at 145 Waterway Drive, Cedar Point, Carteret 1. Reduce built upon area to meet the allowed 25% coverage. 2. Remove driveway area that falls within the 30 foot buffer; except 1 existing portion of the driveway as noted on the original siteplan a approved by permit WO-56-04. 3. An as -built survey will be required to ensure that the above noted have been met and your site has been brought into compliance. the Are- as I, Avery Holder, agree to complete this restoration to the satisfaction of the Division of Coas al Management and/or the Local Permit Officer by thirty (30) days of receipt of this notice, or provide an explanation for non-compliance and a reasonable request for time extension. When corrective actions are complete, I vdll notify the Local Permit Officer so the work can be inspected. , SIGNATURE: DATE: It is the policy of the Coastal Resources Commission to lavy a minimum civil assessment of $100 and higher against all violations of this type depending upon the damage to the resources, If mstnre0on is not undertaken or sadsfactodly cornoj fled, a substantlalty higher civil assessment wilt be levied and an Irpunction sought to roquim restoration. 11/15/2005 17:05 3933205 lwu� yyeu uu= 7eSM d849 L Mr. Dennis Fitzgerald DJF Builders Inc. 1'009 Classic Road Apex, NC 27539 WESTERN OFF CARTERET COUNT DEPARTMENT OF PLANNING & DEVELOP Main Office: Courthouse Square autort, NC 28516-1898 I: (252) 728-8497 (252) 72MS45 x: (252)728-6643 NOTICE OF VI%ATION October 4, 2005 701 CedarF Tel: Fax RE: NOTICE OF FAILURE TO COMPLY WITH PERMIT CONDITIONSAND/OR Dear Mr. Fitzgerald: PAGE 05 !rn Office: ar Point Blvd. NC 28584-8013 i2) 393-3204 i2) 39M205 STANDARDS This letter confirms that on 09130/05,1 was onsite at your project located at 145 Waterway Drive adjacent to Bogue Sound located In Cedar Point, Carteret County, North Carolina. The purpose o the visit was to monitor the development project authorized under CAMA Minor Development Permit Nu ber WO-5U4. I found that all applicable CAMA standards found in Title 15A NCAC 7H are not being met as required by the Permit and the Act i Based upon the North Carolina Administrative Code, Title 15A, Subchapter 07H. State Gull efrnes for Areas of Environmental Concern, the activity you have undertaken, construction of a single -fa illy dwelling and paved driveway in the Estuarine Shoreline AEC adjacent to an Outstanding Resource Water, Is not consistent with Section 15A 07H .0209 (f), which states in part built upon area is limited to no more than 25% of the lot and a 30 foot buffer zone must be maintained between all development and the normal high water line. Information gathered at the time of my inspection shows that you, as.contractor for 1 project, have undertaken, or are legally responsible for minor development by exci Impervious coverage by about 1068 sq ft and have allowed development within the regi No person may undertake minor development in a designated Area of Environmental C obtaining a permit from the North Carolina Department of Environment and Natural Carolina General Statutes (N.C.G.S.) 113A-1 18, Anyone who undertakes minor development activity In a designated Area of Environmental and fails to act in accordance with the terms, conditions, or requirements of his/her permit, be in violation of the Coastal Area Management Act (CAMA) as specified in North C g the allowed 30 foot buffer. m without first ources, North .em (AEC), be found to is General 11/15/2005 17:05 3933205 WESTERN OFF PAGE r� its Inc. 1 4, 2005 .ge 2 of 2 Statutes (N.C.G.S)113A-126. Any development activity nated AEC that by WC-5&04, may also be a violation of N.C.G.S.113118. Such vihin a olations ations may be st criminal penalties. Since this is your flrst documented offense as a contractor in this designated Area(s) Concern, there will be no assessment levied against you in accordance with thi Administrative Code, Title 15A, Subchapter 7J.0409 Coastal Area Management Act, you should consider yourrsselff tore timed and exwever, ff opeot a ci be levied against you consistent with the North Carolina Administrative Code, Title 15A Section .0409, as adopted by the Coastal Resources Commission. The relevant statutes and regulations are available from this office, these laws, lling complying with the requirements of I am available to meet with and I am you wiWi site questions conceming this matter, Sincerely, Dalton Henry Local Permit Officer Cc. Ryan Davenport, DCM Ted Tyndall, District Manager, DCM Roy Brownlow, Compliance Coordinator, DCM Chris Seeberg, CMR Services Katrina Marshall, Planning and Development Director not authorized t to civil and/or of Environmental 1 North Carolina ue to violate the 4I assessment to Subchapter 7J, assist you in You have any RESTORATION PLAN For Avery Holder CAMA Minor Violation #05-37C Nov l i; I Q om�QC. Property located at 145 Waterway Drive, Cedar Point, Carteret) County 1. Reduce built upon area to meet the allowed 25% coverage. 2. Remove driveway area that falls within the 30 foot buffer; except or the pre- existing portion of the driveway as noted on the original siteplan nd as approved by permit WO-56-04. 3. An as -built survey will be required to ensure that the above noted requirements have been met and your site has been brought into compliance. 11 I, Avery Holder, agree to complete this restoration to the satisfaction of the Division of Coastal Management and/or the Local Permit Officer by thirty (30) days of receipt of this notice, or provide an explanation for non-compliance and a reasonable request for time extension. When corrective actions �re complete, I will notify the Local Permit Officer so the work can be inspected. SIGNATURE: DATE: / 0 if It is the policy of the Coastal Resources Commission to levy a minimum civil assessment of $100 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. 15-Nov-05 NC DIVISION OF COASTAL MANAGEMENT ENFORCEMENT RECORD CASE NUMBER LAST NAME FIRST NAME BUSINESS NAME: 05-37C IHOLDER AVERY CASE IS CLOSED Previous Violations in Same AEC for Similar Activities NOV DATE CLOSURE DATE Elapsed Days AFFLILIATION SECTOR 1 4200S � F--- PROPERTY OWNER PRIVATE MAILING ADDRESS CITY STATE ZIP CODE PHONE NUMBER 317 WHITEHALL WAY CARP NC 27511- (919) 625 2245 PROPERTY ADDRESS COMMUNITY WATERBODY NEAREST ROAD 135 WATERWAY DR ICEDAR POINT IBOGUESOUND HWY 24 DISTRICT OFFICE COUNTY DCM REPRESENTATIVE LPO CONTACT MHCDO CARTERET T.BARNES VIOLATION TYPE ❑ CW ❑ EW ❑ PTA V1 ES [ i PTS MINOR CAMA OEA J HHFA ❑ IHA PWS NCRA NATURE OF VIOLATION AEC DESCRIPTION JORW ithorized minor development by engaging in additional development not authorized by CAMA Minor permit V1 4 by constructing an additional concrete driveway, part of which is within the 30' buffer, and adding additional upon and impervious coverage within the ES AEC. ----- RESTORATION REQUEST DATE COMPLETION DATE ❑�1 11/1612005 RESTORATION NOT REQUIRED - CONTRACTOR RESTORATION EXTENDED RESTORE DATE DEADLINE ❑ RESTORATION NOT REQUIRED - PERMITTABLE DEVELOPMENT EXTENDED RESTORATION NOT REQUIRED - FURTHER IMPACTS 1 REFERRED TO AG'S OFFICE - INJUNCTION Ej RESTORATION PENDING INJUNCTION DATE: r— �_ _ J REFERRED TO AG'S OFFICE - COLLECTION COLLECTION REQUEST DATE: r— ASSESSMENT DATE PENALTY AMOUNT COLLECTION DATE AMOUNT COLLECTED ❑ PENALTY ISSUED I F— F— I WILLFUL& INTENTIONAL PENALTY MIN. OR DOUBLED) ❑ PENALTY NOT ISSUED CNOV ISSUED CNOV DATE ❑ CONRACTOR'S FIRST OFFENSE PENALTY APPEALED APPEAL DATE r ] FORMAL CPA ISSUED I FORMAL CPA DATE SETTLED. AGREED UPON, STIPULATED PENALTY SETTLEMENT DATE UNCOLLECTIBLE PENALTY I —UNCOLLECTIBLE DETERMINATION DATE Violations Involving Adversely Impacted Resources AMOUNT OF ADVERSELY DISTURBED AREA (SO. FT.) AMOUNT OF RESTORED AREA (SQ. FT) NOTES see case no. U5-4uu uJh Builders, 05-May-06 NC DIVISION OF COASTAL MANAGEMENT ENFORCEMENT RECORD CASE NUMBER LAST NAME FIRST NAME BUSINESS NAME: (_)]MIMEN 737C 1HOLDER AVERY O CASEISCLOSED Previous Violations in Same ❑ AEC for Similar Activities NOV DATE CLOSURE DATE Elapsed Days AFFULIATION SECTOR MMEF • 148 I PROPERTY OWNER PRIVATE MAILING ADDRESS CITY STATE ZIP CODE PHONE NUMBER 317 WHITEHALL WAY ICARY NC 275117(919) 625-0245 PROPERTYADDRESS COMMUNITY WATERBODY NEAREST ROAD 135 WATERWAY DR ICEDAR POINT BOGUE SOUND HWY 24 DISTRICT OFFICE COUNTY DCM REPRESENTATIVE LPO CONTACT MHCDO CARTERET 1 7.BARNES VIOLATION TYPE ElCW ❑ ❑ EW PTA ES PT� MINOR CAMA OEA HHFA F IHA PWS NCRA NATURE OF VIOLATION AEC DESCRIPTION JORW Unauthorized minor development by engaging in additional development not authorized by CAMA Minor permit WO- 56-04 by constructing an additional concrete driveway, part of which is within the 30' buffer, and addling additional built upon and impervious coverage within the ES AEC. - -- RESTORATION REQUEST DATE COMPLETION DATE --1 11/16/2005 F ❑ - '•CONTRACTOR RESTORATION EXTENDED RESTORE DATE RESTORATION NOT REQUIRED - PERMITTABLE DEVELOPMENT Fl DEADLINE EXTENDED ❑ RESTORATION NOT REQUIRED - FURTHER IMPACTS ❑ REFERRED TO AG'S OFFICE - INJUNCTION ❑ RESTORATION PENDING INJUNCTION REFER DATE: ❑ REFERRED TO AG'S OFFICE - (,COLLECTION 4/1 PENALTY ISSUED ❑ PENALTY NOT ISSUED ❑ CONRACTOR'S FIRST OFFENSE COLLECTION REQUEST DATE:I, I ASSESSMENT DATE PENALTY AMOUNT COLLECTION DATE AMI UNT COLLECTED 212112006 $100 3/1/2006 $100 WILLFUL & INTENTIONAL PENALTY MIN. OR DOUBLED) _.� CNOV ISSUED CNOV DATE ❑ PENALTY APPEALED APPEAL DATE FORMAL CPA ISSUED FORMAL CPA DATE ❑ SETTLED, AGREED UPON, STIPULATED PENALTY F—SETTLEMENT DATE ❑ UNCOLLECTIBLE PENALTY r—UNCOLLECTIBLE DETERMINATION DATE Violations Involving Adversely Impacted Resources AMOUNT OF ADVERSELY DISTURBED AREA (SO. FT.) F— AMOUNT OF RESTORED AREA (SO. FT) NOTES see case no. contractor for Holder. J � .. ! ... � ' .. � S. ' � � � � 1 � � ! _ . � �. .., .. � .t� .� �.. 1