HomeMy WebLinkAbout05-37C HolderA�i�►
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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
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uses
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• 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.
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