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HomeMy WebLinkAbout05-41C HolderDCM NFO CEMENT TRACKING REPORT i Field Rep._^ Issuer ❑ Violation Base No. _ t / Violated Permit No. LPlCAS""( f�� �� _--- (ir applicable) ---- Violation Description Was activity perrnittable? Ye / No Initial DisDiscovery Method�1 F- -----— /� �e�rir Violation De$cription Y-- Respondent Respondent IN Prior Violations in same AEC: Yes Address q> ( / V "f ft I�� ��V'--fY City Phone #—[—. J _ Lam— Fax # . r: -01 Zip Email Violation Type: Project Type: Authorizations Required: Site Visits Respondent Site Visits Respondent ,�-Oo Permit RPrivate/Community El Major CAMA El Permit Condition ElGovt.IPublic ❑ Minor D&F ❑ Expired Permit ❑ Commercial 1P General / \ El inconsistent wl Rules c� Violation Location and Siit_q Description� Project Location: County `��%�-e io,,} Street Address/ State Road/ Lot #(s) — Subdivision City 7 /. ZIP 2L ' Phone # () River g(asin "V I rG Q/)' Adj. Wtr. Body �� u / 6 U-t4 Closest Maj. Wtr. Body O el L- Ou Present Present !D 0 ❑ ' _ ❑ ❑ ❑ J d 3 2—. 1"A Rover File —7 Shoreline Length SAV: Not Sure Yes Sandbags: Not Sure 1,�fes� N PNA: 'I �� V Adjacent ORW: No Adjacent Crit. Hab. TY & Photos No Waiver Required N In DWQ Buffer Area -- Specify DWQ Buffer if applicable: Restoration t,I NOV Date !U a tl 0 CNOV Date Penalty Assessment Sent to Respondent Date Rcvd. by Dist. Mgr. Date ._ Assessment Extended Yes No Initial Req. Comp. Date - _ Date Comp. Observed App./Permit Fee Penalty Willfullintent. Continuing Other Extension Granted Yes No Restoration Letter Acceptance Date 71.0409 Ref. Recomm. Assess. DCM Assess. $ 100 $ $ I vo $ s s f f f f Total 0 6 Formal Assessments, Appeals and Reductions Date Long Form Submitted __._._ Assessment Appealed Yes No Date Formal CPA Submitted _.___—._..-. Penalty modified Final Assessment S —Date— Attorney General's Office for Injunction or Formal Collection Date sent to AG _____ ❑ Respondant not responsive to penalty/NOV ❑ Injunction to complete restoration Date Collection Let. Sent Date Demand Let. Violation Activities and Impacts AECs Affected: / ��� Wetlands Impacted? Yes No If yes, which types: CW (�Ipl/ G ES PTS OEA HHF IH SA DS Cl SY JR LS TY SS SC SP IF BF 404 Other: Restoration Required by the Respondent Yes I No Dimensions in excess of permit/ unauthorized activities Dimensions to restore Final dimensions allowed Actually restored .Development Activities - I I -- Habitat Description NOTES: Closing Payment Received $. ____ .Date _ ._ Date Case Closed _i WNW North Carolina Department of Environment and Natural Resources Division of Coastal Management Michael F. Easley, Governor December 29, 2005 Mr. Avery Holder 317 Whitehall Way Cary, NC 27511 Charles S. Jones, Director William G, Ross Jr., Secretary �� - IN TB o RB rW RE: Payment of Proposed Penalty for Violations of the Coastal Area Management Act, Committed in Carteret County CAMA Violation #05-41C Dear Mr. Avery: This letter will acknowledge receipt of your check #8103, in the amount of $200.00, and dated December 26, 2005. Once the amount of the check is credited to the Department Hof Environment and Natural Resources' account, this matter will be fully and completely closed. If you have any further questions concerning this matter, please contact me at my Morehead City office, (252) 808-2808. Sincerely, J,, 6 ,fib 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 28557 Phone: 252-808-28081 FAX: 252-247-33301 Internet: www.nccoastalmanagem�ent.net An Equal Opportunity 1 Affirmative Action Employer —50% Recycled 110% Post Consumer Paper Mr. Avery Holder December 20, 2005 Page 3 of 3 CAMA VIOLATION #05-41 C Mr. Avery Holder 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 $200.00 against me for violation of the Coastal Area Management Act, NCGS 113A-100 et sec, committed on or near my property at 135 Waterway Drive, Cedar Point, Carteret County, North Carolina. In order to resolve this matter with no further action or expense on my part, I accept responsibility for the violation as described in the Notice of Violation letter dated 10/24/05, and agree to pay the proposed civil assessment of $200.00. DATE f 4(//& SIGNAT E 3[� ��;�L ADDRESS 1arrVh, IC alsll 911- q�7 / TELEPHONE NUMBER DEL 2 9 2005 Morehead City DCM 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 NCDENR North Carolina Department of Environment and Natural Resources Division of Coastal Management Michael F. Easley, Governor Charles S. Jones, Director William G. Ross Jr., Secretary December 20, 2005 LSB AvMB TB CERTIFIED MAIL MTT RETURN RECEIPT REQUESTED Mr. Avery Holder 317 White Hall Way Cary, NC 28511 RE: CAMA VIOLATION #05-41 C Dear Mr. Holder: This letter is in reference to the Notice of Violation dated 10/24/05 that Ryan Davenport, Coastal Management Representative for the Division of Coastal Management, issued to you for the placement of riprap along your shoreline at 135 Waterway Drive in Cedar Point, Carteret County. The violation involved the Estuarine Waters and Public Trust Area AEC's, which are Areas of Environmental Concern designated by the Coastal Resources Commission. No restoration of the site was required by the Division of Coastal Management. The Coastal Area Management Act provides that a civil assessment of up to $2,500 may ble assessed for any violation. It is the policy of the Coastal Resources Commission to assess a civil penaltylfor all violations in order to recover some of the costs of investigating violations and/or to compensate the public for any damage to its natural resources. Under the rules of the Coastal Resource Commission, a proposed civil penalty in the amount of $200.00 is appropriate for this violation. You may expeditiously resolve this matter prior to the assessment of a formal civil penalty by accepting responsibility for the violation and paying the amount proposed above. In order to do this, you must: (1) sign one of the attached copies of an "Agreement to Pay Civil Assessment;" (2) attach a check or money order for $200.00 made payable to the North Carolina Department of Environment and Natural Resources (NCDENR); and (3) return the signed agreement and payment to this office in the enclosed, self- addressed envelope within ten (10) days of your receipt of this letter. Upon deposit of your check in the Department's account, you will receive a Notice of Compliance officially closing this enforcement action. If you do not send a signed agreement and payment to this office within ten (10) days, the Director of the Division of Coastal Management will formally assess a civil penalty against you. You will then have the opportunity to request a hearing on the penalty or request remission of the penalty. 400 Commerce Avenue, Morehead City, North Carolina 28557 Phone: 252-808-28081 FAX: 252-247-33301 Internet: www.necoastaimanagerhent.net An Equal Opportunity 1 Affirmative Action Employer —50% Recycled 110% Post Consumer Paper/ Mr. Avery Holder December 20, 2005 Page 2 of 2 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, IL - 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 Henry Wicker, USACE 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 Mr. Avery Holder December 20, 2005 Page 3 of 3 CAMA VIOLATION #05.41 C Mr, Avery Holder AGREEMENT TO PAY PROPOSED CIVIL ASSESSMENT I understand that the staff of the Department of Environment and Natural Resourc s will propose the assessment of a civil penalty in the amount of $200.00 against me for violation f the Coastal Area Management Act, NCGS 113A-100 et se , committed on or near my property at 135 Wa erway Drive, Cedar Point, Carteret County, North Carolina. In order to resolve this matter with no further act! nor expense on my part, I accept responsibility for the violation as described in the Notice of Violation letter ated 10/24105, and agree to pay the proposed civil assessment of $200.00. DATE SIGNATURE TELEPHONE NUMBEIR i 400 Commerce Avenue, Morehead City, North Carolina 28557 Phone: 252-808-28081 FAX: 252-247-33301 Internet: www.nccoastalmanag An Equal Opportunity 1 Affirmative Action Employer-50% Recycled 110% Post Consumer Pa UNITED STATES POSTAL SERVICE First -Class Mail Postage & Fees Paid USPS Permit No. G-10 • Sender: Please print your name, address, and ZIP+4 in this box N.C. Division 01 Coastal Management 400 Commerce Avenue Morehead C4, N.C. 28557 01"0-9808 I: 11:K. A �_C1PJT 411.44JIAI I. I IIIWAA IJ IIIALIIII IIF�}.l1ILI�1•AtI`(I,I I}II,II ■ Complete items 1, 2, and 3. Also complete "A Rem 4 rrf Restricted Delivery is desired. ■ Print your name and address on the reverse so that we can return the card to you. g ■ Attach this card to the back of the mailpiece, or on the front If space permits. D. 1. Article Addressed to: Mr. Avery Holder 317 White Hall Way Cary, NC 28511 0 Agent ❑ Addre ay.(Foite Jamie) r t of Del address difhwrn hom Nerpg ler debvew address below. 1Jtl, l ; [005 3. Service Type ❑ Certified Mail 0 Express Mail ❑ Registered 0 Return Receipt for Merchandise ❑ Insured Mail ❑ C.O.D. 4. Restricted Delivery! (Ektm Feel ❑ Yes z. AracleNumber - 7005 1160 0003 1594 2134 (ramsle. /ran service law., Ps Form 3811. February 2004 DormaMk Return Recept tozsesoz-M-rsw 21-Dec-05 NC DIVISION OF COASTAL MANAGEMENT ENFORCEMENT RECORD CASE NUMBER LAST NAME FIRST NAME BUSINESS NAME: OS TIC 1HOLDER JAVERY O CASE IS CLOSED 1' Previous Vicjlations In Same ❑ AEC for Similar Activities NOV DATE CLOSURE DATE Elapsed Days AFFLILIATION SECTOR 10f2412005 58 1PROPERTY OWNER 1PRIVATE MAILING ADDRESS CITY STATE ZIP CODE PHONE NUMBER 317 WHITEHALL WAY ICARY NC 27511- (919) 625-0245 PROPERTY ADDRESS COMMUNITY WATERBODY NEAREST ROAD 135 WATERWAY DR ICEDAR POINT IBOGUE SOUND JHWY 24 DISTRICT OFFICE COUNTY DCM REPRESENTATIVE LPO CONTACT MHCDO ICX9TERET DAVENPORT VIOLATION TYPE AFFECTED AEC(S). ElCW © PTS EW [�J PTA ❑ ES ❑ MAJOR CAMA plus DREDGE AND FILL E. OEA ❑ HHFA ❑ IHA ❑ PWS ❑ NCRA NATURE OF VIOLATION AEC DESCRIPTION Unauthorized major development and violation of the State's dredge and fill law by placing a riprap sill adjacent to the coastal wetlands within the EW and PTA AECs in Bogue Sound and performing this work under an expired CAMA permit. RESTORATION STATUS RESTORATION REQUEST DATE COMPLETION DATE ❑ RESTORATION NOT REQUIRED - CONTRACTOR riI RESTORATION NOT REQUIRED - PERMITTABLE DEVELOPMENT ❑ RESTORATION NOT REQUIRED - FURTHER IMPACTS ❑ RESTORATION PENDING PENALTY STATUS © PENALTY ISSUED ASSESSMENT DATE 12120/2005 RESTORATION EXTENDED RESTORE DATE ❑ DEADLINE EXTENDED ❑ REFERRED TO AG'S OFFICE INJUNCTION INJUNCTION REFER DATE: ❑ REFERRED TO AG'S OFFICE y COLLECTION COLLECTION REQUEST DATE: I PENALTY AMOUNT COLLECTION DATE AMOUNT COLLECTED $200(�— ❑ WILLFUL R INTENTIONAL PENALTY (MIN. OR DOUBLED) ❑ PENALTY NOT ISSUED ❑ CNOV ISSUED �CNOV DATE ❑ CONRACTOR'S FIRST OFFENSE ❑ PENALTY APPEALED APPEAL DATE ❑ FORMAL CPA ISSUED FORMAL CPA DATE ❑ SETTLED. AGREED UPON. STIPULATED PENALTY I SETTLEMENT DATE ❑ UNCOLLECTIBLE PENALTY f—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. Ub-41G, L.t3. Page Landscaping Go. - contractor for NCDENR North Carolina Department of Environment and Natural Division of Coastal Management Michael F. Easley, Governor Charles S. Jones, Director NOTICE OF VIOLATION October 24, 2005 CERTIFIED MAIL RETURN RECEIPT REQUESTED Avery Holder 317 Whitehall Way Cary, NC 27511 Resou; ces William G. Ross nJrSecretary ,S kLSB B TB _ Ij_i RB *--MTT RE: NOTICE OF VIOLATION AND REQUEST TO CEASE UNAUTHORIZED DEVELOPMENT CA MA VIOLATION #05.41 C Dear Mr. Holder This letter confirms that on October 21, 2005, 1 was onsite at your property located at! 135 Waterway Dr. adjacent to Bogue Sound located in Cedar Point, off Hwy 24, Carteret County, North Carolina. The purpose of the visit was to investigate unauthorized placement of rip rap within Bogue Sound. State Permit #41127C which was originally issued for this project, expired on 6/29/05. 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 requitement is imposed by North Carolina General Statute (N.C.G.S.) 11 3A-1 18. 1 have information that indicates you have undertaken or are legally responsible for the placement of 75' of rip rap 5' waterward of the Coastal Marsh on the aforementioned property. This actNvity took place in Estuarine Waters and Public Trust Areas that are contiguous with Bogue Sound. Estuarine Waters and Public Trust Areas are designated as Areas of Environmental Concern (AEC). The CAMA permit that was issued to you for work in this area expired on 6/29/05. Based on these findings, I am initiating an enforcement action by issuing this Notice of Violation for violation of the Coastal Area Management Act and the State's Dredge and Fill Law. I request that you immediately CEASE AND DESIST any further unauthorized activities within designated Areas of Environmental Concern. A civil assessment of up to $2,500 may be assessed a ainst any violator. Each day that the development described in this notice is continued or repeated may co stitute a separate violation that is subject to an additional assessment of up to $2,500. An injunction of cri inal 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 $200 not to exceed $2,500 against all violations. This is done to recoup some of the costs of investigating violations 400 Commerce Avenue, Morehead City, North Carolina 28557 Phone: 252-808-2808 \ FAX: 252-247-3330 \ Internet: www.nccoastalmanagefnent.net An Equal Opportunity \ Affirmative Action Employer —50% Recycled \ 10% Post Consumer Pap r UNITED STATES POSTAL SERVICE First -Class Mail Postage & Fees Paid USPS Permit No. G-10 • Sender: Please print your name, address, and ZIP+4 in this box N.C. Division of Coastal Management 400 Commerce Avenue Morehead City, N.C. 28557 808-2808 ■ Complete items 1, 2, and 3. Also complete hem 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: Very Holder 317 Whitehall Way ary, NC 27511 2. Article Number (rang from a f W 70 A Signature ❑ Agent i ❑ Addressee B.IWNived by (Pdn Name C. Date of Delivery a lc� D. Is delivery address diRerart from -1T If YES. enter delivery add - OV 0 2 : 0 k' (�312M ,oari Clt� .. „1� 1) ) 3 SV& Type US P s I IZI Certified Mall 13 EVesss ❑ Registered P4etum Receipt for Merchandise ❑ Insured Mail 10 C.O.D. 4. Restricted Delivery? (Extra Fee) ❑ Yes 1160 0003 1594 2042 PS Form 3811, February 2004 Domestic Return Receipt 102505024&1540 Avery Holder October 24, 2005 Page 2 of 2 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 excavati g or filling in any estuarine waters, tidelands, marshlands, or state-owned lake pursuant to N.C.G.S. 11 -229. Therefore, I also request that you immediately CEASE AND DESIST such unauthorized activity an 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 review of the Coastal Area Management Act, Coastal Resource Commission's rules, and the local jurisdiction's Land Use Plan, the activity you have undertaken appears consistent �Ith the guidelines for Areas of Environmental Concern. Therefore, restoration of the impacted area is nit requested at this time Thank you for your time and cooperation in resolving this important matter. If you h6e any questions about this or related matters, please call me at (252) 808-2808. Upon my submission of an enforcement report to the District Manager, you will be notified as to the amount of a civil assessment for undertaking development without first obtaining the proper permit(s). 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 about these important matters. Sincerely, J Ryan Davenport oastal Management Representative Cc: Ted Tyndall, Assistant Director, DCM Tere Barrett, District Manager, DCM Roy Brownlow, Compliance Coordinator, DCM Henry Wicker, USACE .400 Commerce Avenue, Morehead City, North Carolina 28557 I Phone: 252-808-2808 \ FAX: 252-247-3330 \ Internet: www.nccoastalmanage�ent.net An Equal Opportunity \ Affirmative Action Employer— 50%< Recycled \ 10% Post Consumer Papeq DCM gNFO�CEMENT TRACKING REPORT /� Issuer Field Rep. Y /�J� rJ v ❑ Violation Base No._ _ _ LPO /� I�� A B C D LPl C. /9Y r fi'y �� Violated Permit Na _ (1l appaaable) Violation Descript.on ff _1 Was /activity permittable? Ye / No Initial Discovery Date �� (] Discovery Method Ot 1 r% CFrf i �^ 7 t 1 i �t / I t/ eC74jr Violation Degcription 1 P g C2M�M c y 7p IrA-0 'Zi iii fviA 'C',r �- �o✓� t:" Respondent Information Prior V' I ti s in same AEC: Yes / Case Number -01 P �°%� Respondent Names) , 4 IrC ✓i �N p✓ -- Landown Agent/Contractor) Address 3 ij� r gag VA City State Zip - Phone # ` r Fax # _ ____ Email--- — ---------____— ----- Violation Type: i o Permit Permit Condition Expired Permit El Inconsistent w/ Rules Project Type: �iPrivate/Community ❑ GovtJPublic ❑ Commercial Authorizations Required: ❑ Major A CAMA Minor D&F General Violation Location and Sitq Description Project Location: County CA(1(/ioV f �,} Street Address/ StaattetR-oad// L�ot1#(s) ' JV----- Subdivision City ZIP Phone # ( ) River asin f Off Adj. Wtr. Body 0,5 u �6 U I/� a�n��ni Closest Maj. Wtr. Body OyG Restoration t,I NOV Date CNOV Date Penalty Assessment Sent to Respondent Date - Initial Rep. Comp. Date Date Comp. Observed Rcvd. by Dist. Mgr. Date _.._..-._._...._.. Assessment Extended Yes No App./Permit Fee Penalty WiIlfuUlntent. Continuing Other Site Visits Respondent Present �D 0 ❑ Site Visits Respondent Present El Rover File J 0 3 2P/' Shoreline Length SAV: Not Sure des Sandbags: Not Sure Yes N PNA: Ye o ORW /fds) No Crit. Hab. Yves Photos yes Waiver Required Yg J�N In DWQ Buffer Area yes Specify DWQ Buffer if applicable: Extension Granted Yes Restoration Letter Acceptance Date Adjacent Adjamirt No 7J.0409 Ref. Recomm. Assess. DCM Assess. s /00" f f . f S S f f S S Total 0G Formal Assessments, Appeals and Reductions Date Long Form Submitted Assessment Appealed Yes No Date Formal CPA Submitted _— ❑ Penalty modified Final Assessment S__ _._ Date Attorney General's Office for Injunction or Formal Collection Date sent to AG _ __ ❑ Respondant 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: CW G ES PTS OEA HHF IH SA DS CJ SY JR LS TY SS SC SP IF BF 404 PWS: FC: Other: Restoration Required by the Respondent Yes / No Dimensions in excess of permed unauthorized activities Dimensions to restore Final dimensions allowed Actually restored Development Activities •., Habitat Description 1 NOTES: Closing Payment Received S Date Date Case Closed elf n i Division of/�oastal Management COMPLAINT RECORD OWNER OF PROPERTY: 4 veal a, & s i 7 9 ADDRESS or LOCATION OF PROPERTY: COMPLAINTANT INFORMATION —r NAME: 1 i4c_c( ADDRESS: PHONE NO.: 3y 3 - 32 DY COMPLAINT HONE N `Zao2 ��GD ,.a "All-r '1L..Y e RECEIVED ❑ E-MAIL DATE: TIME: RECEIVED BY: ❑ IN PERSON ❑ LETTER THE COMPLAINT: REFERRED TO: T 9` DATE: / jq/w05-- REPORT OF INVESTIGATION: SIGNED: FINAL DISPOSITION: SIGNED: ENFORCEMENT RESPONSE: AGENCY/DIV.: DATE: DATE: FOLLOW-UP CALL TO COMPLAINTANT BY: DATE: ®W'CAMQ DREDGE FILL f`l� j GNML -'PE8t RMIT Previousperr O ew ❑Modification ' ,❑Complete Reissue ❑Partial Reissue Date previous As authorized by the State of North Carolina, Department of Environment and Natural Resources and the Coastal Resources Commission in an ar fnimern pursuant to 15A NCAC 711 Applicant Name / i L Pi / �' o Project Location: County Address 3 'I L .ti GL Street Address/ State Road/ Lot # City. ` j / State N� .ZIP / ��� � .> Phone # ( Fax # ( ) siihdivicinn Authorized Agerii<'', Affected ❑ CW AEC(s): ❑O� ❑ PWS ORW:' City L .W _ A I7Es ❑PrS Phone#.(_y •__ PNA yes / no, Crit. Hab. yes /`no, osest Maj. Wtr. Body I Type of Project/ Activity - i 4 . Pier (dock) length Platform(s) Finger pier(s) Groin length number Bulkhead/ Ripmp length i avg distance o((shore max distance offshore i Basin. channel cubic yards Boat ramp Boathouse/ Boadif[ -- - - --- -- ----- Beach Bulldozing Other Shoreline Length / ' - SAM notsure yes :no Sandbags: not sure yes ;no Moratorium: n/a yes no Photos: yes no Waiver Attached: yes no --____— A building permit may be required by: Notes/ Special Conditions rr cy 41127e Id# i li rrpft issued ❑ Rules attached. Ar . ZIP ver Basin not tnan unkn i (Scale: �' ) y. i� i i i I � I l , i l t 1 t• ��,t ir1 f f Agent or Applicant Printed e Permit Officer's d Signature "Please read read compliance statement on bark of permit** Issuing Date Application Fee(s) Check# Local Planningfu ❑ See note on back egarding River Basin rules. (nature es Expiration Date �;� -�& 15-Nov-0S NC DIVISION OF COASTAL MANAGEMENT ENFORCEMENT RECORD CASE NUMBER LAST NAME FIRST NAME BUSINESS NAME: 0541C IHOLDER AVERY ') CASE IS CLOSED Previous Violations in Same AEC for Similar Activities NOV DATE CLOSURE DATE Elapsed Days AFFLILIATION SECTOR 7W2 2005 F- PROPERTY OWNER IPRIVATE MAILING ADDRESS CITY STATE ZIP CODE PHONE NUMBER 317 WHITEHALL WAY CARY NC 27511- (919) 625-0245 PROPERTY ADDRESS COMMUNITY WATERBODY NEAREST ROAD 135 WATERWAY DR CEDAR POINT 1BOGUESOUND IHWY 24 DISTRICT OFFICE COUNTY DCM REPRESENTATIVE LPO CONTACT MHCDO CARTERET DAVENPORT CW J] EW IVI PTA 1 j ES I I PTS VIOLATION TYPE MAJOR CAMA plus DREDGE AND FILL OEA I ] HHFA F_J IHA I _ I PWS I j NCRA L_ NATURE OF VIOLATION AEC DESCRIPTION luthorized major development and violation of the State's dredge and fill law by placing a riprap sill adjacent to coastal wetlands within the EW and PTA AECs in Bogue Sound and performing this work under an expired ulA permit. RESTORATION REQUEST DATE COMPLETION DATE I RESTORATION NOT REQUIRED - CONTRACTOR RESTORATION EXTENDED RESTORE DATE DEADLINE :J, RESTORATION NOT REQUIRED - PERMITTABLE DEVELOPMENT EXTENDED RESTORATION NOT REQUIRED - FURTHER IMPACTS REFERRED TO AG'SrOFFICE - INJUNCTION INJUNCTION RESTORATION PENDING ATEN - � J REFERRED TOOAG'S OFFICE -COLLECTION COLLECTION REQUEST DATE: F- ASSESSMENT DATE PENALTY AMOUNT COLLECTION DATE AMOUNT COLLECTED ❑ PENALTY ISSUED WILLFUL & INTENTIONAL PENALTY (MIN. OR DOUBLED) ❑ PENALTY NOT ISSUED CNOV ISSUED �CNOV DATE [ICONRACTOR'S FIRST OFFENSE PENALTY APPEALED APPEAL DATE FORMAL CPA ISSUED FORMAL CPA rDATE SETTLED. AGREED UPON. STIPULATED PENALTY I -SETTLEMENT DATE UNCOLLECTIBLE PENALTY F-UNCOLLECTIBLE DETERMINATION DATE Violations Involving Adversely Impacted Resources AMOUNT OF ADVERSELY DISTURBED AREA (SQ. FT.) AMOUNT OF RESTORED AREA (SO. FT) NOTES see Case no. 05-Jan-06 NC DIVISION OF COASTAL MANAGEMENT ENFORCEMENT RECORD LASE STATUS CASE NUMBER LAST NAME FIRST NAME BUSINESS NAME: CASE IS OPEN I 05-11C 1HOLDER AVERY CASE IS CLOSED Previous Violations in Same ❑ NOV DATE CLOSURE DATE Elapsed Days gFFLILIATION SECTOR AEC for Similar Activities 10/24/2005 F-7 1PROPERTY OWNER PRIVATE MAILING ADDRESS CITY STATE ZIP CODE PHONE NUMBER 317 WHITEHALL WAY CARP NC 27511- (919) 625-0245 PROPERTY ADDRESS COMMUNITY WATERBODY NEAREST ROAD 135 WATERWAY DR ICEDAR POINT BOGUE SOUND 1HWY 24 DISTRICT OFFICE COUNTY DCM REPRESENTATIVE LPO CONTACT MHCDO CARTERET JDAVENPORT '`' CW VV EW ! PTA ❑ ES ❑ PTS VIOLATION TYPE I AFFECTED AEC(S) MAJOR CAMA plus DREDGE AND FILL ❑ OEA ❑ HHFA L_ I IHA ❑ PWS ❑ NCRA NATURE OF VIOLATION AEC DESCRIPTION nautnonzed major development and violation of the State's dredge and fill law by placing a riprap sill adjacent to e coastal wetlands within the EW and PTA AECs in Bogue Sound and performing this work under an expired AMA permit. RESTORATION STATUS - RESTORATION REQUEST DATE COMPLETION DATE j_1, RESTORATION REQUIRED I�— I — RESTORATION NOT REQUIRED - CONTRACTOR �eI RESTORATION NOT REQUIRED- PERMITTABLE DEVELOPMENT El RESTORATION NOT REQUIRED- FURTHER IMPACTS [ I RESTORATION PENDING RESTORATION EXTENDED RESTORE DATE DEADLINE EXTENDED ❑ REFERRED TO AG'S OFFICE - INJUNCTION INJUNCTION REFER DATE: i ❑ REFERRED TO AG'S OFFICE - COLLECTION COLLECTION REQUEST DATE: F— ASSESSMENT DATE PENALTY AMOUNT COLLECTION DATE AMOUNT COLLECTED I e PEN YTY ISSU � � I 12/20/2005 $200 12/29/2005 $200 © PENALTY ISSUED ❑ WILLFUL & INTENTIONAL PENALTY (MIN. OR DOUBLED) ❑ PENALTY NOT ISSUED ❑ CNOV ISSUED F—CNOV DATE ❑ CONRACTOR'S FIRST OFFENSE ❑ PENALTY APPEALED F—APPEAL DATE ❑ FORMAL CPA ISSUED ' FORMAL CPA DATE ❑ SETTLED. AGREED UPON, STIPULATED PENALTY r—SETTLEMENT DATE ❑ UNCOLLECTIBLE PENALTY 1 UNCOLLECTIBLE DETERMINATION DATE Violations Involving Adversely Impacted Resources AMOUNT OF ADVERSELY DISTURBED AREA (SQ. FT.) AMOUNT OF RESTORED AREA (SQ. FT) NOTES see case no. Ub-42C, L.B. Page Landscaping Co. - contractor for Holder