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HomeMy WebLinkAbout05-42C L.B. Page Landscaping Companye�� NCDENR North Carolina Department of Environment and Natural Resources Division of Coastal Management Michael F. Easley, Governor Charles S. Jones, Director William G. Ross Jr., Secretary January 3, 2006 L. B. Page Landscaping Company, Inc. C/o Mr. Barrington Page 467 Pearson Circle Newport, NC 28570 : _EbRB TB MTT RE: Payment of Proposed Penalty for Violations of the Coastal Area Management Act, Committed in Carteret County CAMA Violation #05-42C Dear Mr. Page: This letter will acknowledge receipt of your check #18429, in the amount of $200.00, and dated December 26, 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. /Iierely' 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.nccoastalmanagement.net An Equal Opportunity 1 Affirmative Action Employer— 50% Recycled 110% Post Consumer Paper L.B. Page Landscaping Company, Inc. C/o Mr. Barrington Page December 20, 2005 Page 3 of 3 CAMA VIOLATION #05-42C L.B. Page Landscaping Company, IncMorehead City DCM C/o Mr. Barrington`Page. 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 seg, committed on or near the property of Mr. Avery Holder located 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 10/24105, and agree to pay the proposed civil assessment of $200.00. DA E SIGNATURE 467a��n� ADDRESS a5"a ail �17� TELEPHONE NUMBER 400 Commerce Avenue, Morehead City, North Carolina 28557 Phone: 252-808-28081 FAX: 252-247-33301 Internet: www.nccoastalmanagement.net An Equal Opportunity1 Affirmative Action Employer —50% Recycled 110% Post Consumer Paper L.B. Page Landscaping Company, Inc. C/o Mr. Barrington Page �D December 20, 2005 Page 3 of 3 J.AN - 3 2006 CAMA VIOLATION #05.42C L.B. Page Landscaping Company, Inc. "nehead City DCM C/o Mr. Barrington Page 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 the property of Mr. Avery Holder located 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. /.r, .9, 4 ; DA E SIGNATURE 467 ADDRESS z 570 TELEPHONE NUMBER 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 w NCDENR North Carolina Department of Environment and Natural Resources Division of Coastal Management Michael F. Easley, Governor Charles S. Jones, Director William G. Ross Jr., Secretary December 20, 2005 LSB X�B TB RB CERTIFIED MAIL MTT RETURN RECEIPT REQUESTED L.B. Page Landscaping Company, Inc. C/o Mr. Barrington Page 467 Pearson Circle Newport, NC 28570 RE.' CAMA VIOLATION #05-42C Dear Mr. Page: 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 the shoreline of Mr. Avery Holder 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. The Coastal Area Management Act provides that a civil assessment of up to $2,500 may be assessed for any violation. It is the policy of the Coastal Resources Commission to assess a civil penalty for all violations in order to recover some of the costs of investigating violations and/or to compensate the public for any damage to its natural resources. Under the rules of the Coastal Resource Commission, a proposed civil penalty in the amount of $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.nccoastalmanagement.net An Equal Opportunity 1 Affirmative Action Employer— 50% Recycled 110% Post Consumer Paper L.B. Page Landscaping Company, Inc. C/o Mr. Barrington Page 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,, 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.nccoastalmanagement.net An Equal Opportunity 1 Affirmative Action Employer— 50% Recycled 110% Post Consumer Paper L.B. Page Landscaping Company, Inc. C/o Mr. Barrington Page December 20, 2005 Page 3 of 3 CAMA VIOLATION#05.42C L.B. Page Landscaping Company, Inc. C/o Mr. Barrington Page. AGREEMENT TO PAY PROPOSED CIVIL ASSESSMENT I understand that the staff of the Department of Environment and Natural assessment of a civil penalty in the amountof $200.00 against me for violation of will propose the Coastal Area Management Act, NCGS 113A-100 et seg, committed on or near the property of Mr. Avery Holder located at 135 Waterway Drive, Cedar Point, Carteret County, North Carolina. In order to resolve t�1is 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 10/24105, and agree to pay the proposed civil assessment of DATE SIGNATURE ADDRESS TELEPHONE 400 Commerce Avenue, Morehead City, North Carolina 28557 Phone: 252-808-28081 FAX: 252-247-33301 Internet: www.nccoastalmar net An Equal Opportunity \ Affirmative Action Employer— 50% Recycled 110% Post Consumer UNITED STATES POSTAL SERVICE 171 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 n?iidi:::::::: ;I:n :lu; lilfililfii l liit 11l;f ■ Complete items 1, 2, and 3. Also complete A Signature Item 4 if Restricted Delivery is desired. X ( - ❑ Agent ■ Print your name and address on the reverse — LI ❑ Addressee so that we can return the card to you. 8.*MA, ed by ( e) C. Date of Delivery ■ Attach this card to the back of the mailplece, or on the front'If space permits. D. t lmin" 9 es 1. Article Addressed to: 0 , arrterdellvery atltlress De L. B. Page Landscaping Company, Inc. C/o Mr. Barrington Page 467 Pearson Circle Newport, NC 28570 - �ECl 71100 2005 a sery ified Mail 0 Express Mail ❑ Registered ❑ Return Receipt for Merchandise ❑ Insured Mail ❑ C.O.D. 4. Restricted Delivery? (Extra Fee) ❑ yes 2. Article Number (irransfer from seMoe let 7005 1160 0003 1594 2141 PS Form 3811, FeNuary 2W4 Domestic Return Receipt 102595-02-M-1540 DCM ENFQRCEMENT TRACKING REPORT U Issuer (f��'Y7, Field Rep. ITO !Violation Base No.—__LP0 IA B� D -- �� �� } Violated Permit No._ LPI----_L' J_Lrr" —--- (if appiica:rc) -- Violation Description, Was activity perrnittjb�o s I No Initial Discovery Date l0 U Discovery Violation Description rkil ^.-.4- el i Respondent Respondent N Phone #__—__ Set 3 7 same AEC: (Ye9L No _ City �C 4 " stateArc Zi� Fax # --- - — -- Email_ ----- ------------ -- Violation Type: $ No Permit ❑ Permit Condition ❑ Expired Permit ❑ Inoonsistentwl Rules Project Type: Private/Community ❑ Govt.lPublic ❑ Commercial Authorizations Required: ❑ Major �71 cAMA ❑ Minor �'(',&F XGeneral Violation Location and Site Description Project Location: County C 9/4e► l,+ — Street Address/ State fjoad/ Loot j (s) Subdivision JJ ` C City CAeGB/ 7 ZIP Phone # () Rive Basin V k Adj. Wtr. Body— r'i "'j L( �C ti""t(agr1man/unkn)_ CI q Ma' Wtr Bci Site Visits Respondent Site Visits Respondent Present 0 six/H Rover File v Shoreline Length SAV: Not Sure Yes /Gc; Sandbags: Not Sure Yes �(igr•( PNA: Yes Adjacent ORW: No Adjacent Crit, Hab. Yes Photos Ye Waiver Required Yes N In DWQ Buffer Area Yes oses j. --- - Specify DWQ Buffer if applicable: Restoration Extension Granted Yes No NOV Date 16 01- Initial Req. Comp. Date Restoration Letter CNOV Date Date Comp. Observed Acceptance Date Penalty Assessment Sent to Respondent Date Rcvd. by Dist. Mgr. Date Assessment Extended Yes App./Permit Fee Penalty ....... ... .......... No Willful/Intent. Continuing Other 71.0409 Ref. Recomm. Assess. DCM Assess. s GU ' $ $ $ E S S S S f Total �(� Formal Assessments, Appeals and Reductions Date Long `lForm Submitted — Assessment Appealed Yes No Date Formal CPA Submitted _ \ Final Assessment ��t� Penalty modified Attorney General's Office for Injunction or Formal Collection Date sent to AG _.,..-------- _..------- _.:__._....._' , ❑ Respondant not responsive to penalty/NOV El Injunction to complete restoration Date Collection "Let: Sent `T: Date Demand Let: Violation Activities and Impacts AECs Affected: Wetlands Impacted? Yes / V9 If yes, which types: CW PT ESPTS. - " OEA HHF SA DSCl - SY 1R LS TY PWS: FC: SS SC . . SP • jF'r BF 404 ' . ._ .. Other: Restoration Required by the Respondent Yes / /NoJ Dimensions in excess to) to restore of permiH undutharized acOvities Development Activmes ". NOTES: Closing Payment Received Finalallowed dimensions Actually restored Date Case Closed DCIVI ENF Field Rep. R ., I LPO Try Ut I LPl Violation Des cript"on Initial Discovery Date lul Violation Description �Vfuirlift Respondent Informati Respondent Names) UU oHr1r— NG7 Phone #— 3 9 3 Violation Type: $1 No Permit ❑ Permit Condition ❑ Expired Permit [, Inconsistent w/ Rules RCEMENT TRACKING REPORT W- •!J Issuer Cl Violation base No.___ lo--� ❑ A 8 D Violated Permit P (ifapplicable) Y �jl YY P Discover Method a Project Type: Private/Community ❑ Govt./Public ❑ Commercial same AEC: (Yak No City 1".C^Pe►y Fax # Authorizations Required: ❑ Major CAMA ❑ Minor 1`•(�•&F General Violation Location and Site Description Project Location: County ("Grle✓ + Street Address/ State ad/ Lot #(s) t _ V,v�r� Subdivision L City dA/ 7 ZIP //;Z,917p Phone # ( ) River Basin Adj. Wtr. Body t� "�j LC. J 0 LA" Closest Maj. Wtr. Body _ u UNN+J Restoration NOV Date 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 Willful/Intent. Continuing Other Site Visits Respondent Pr /O�A`l Qf / No /V'C- Site Visits Respondent Present Rover File V ? t-0 Shoreline Length SAV: Not Sure Yes /Qd Sandbags: Not Sure Yeb yLvq(1 PNA: Yes ORW: (5 No Crit. Hab. Yes Photos Yes Waiver Required Yes In DWQ Buffer Area Yes Specify DWQ Buffer if applicable: Extension Granted Restoration Letter Acceptance Date 71.0409 Ref. Total 2 06 Adjacent Adjacent Yes No DCM Assess. or, Formal Assessments, Appeals and Reductions Date Long Form Submitted Date Formal CPA Submitted _.__............ _. Final Assessment $ Date Assessment Appealed Yes I Penalty modified No 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: /^�`n,, Wetlands Impacted? Yes /6 If yes, which types: CW V ES PTS OEA HHF SCl 1R TY PWS: FC: - SSS SC SC. SP IF IF t BF 40 404 Other: Restoration Required by the Respondent Yes Dimensions in excess of permit/ unauthorized activities Dimensions to restore I Final dimensions allowed A Actually restored Development Activities A------ - 0— — -�--XU - 0.-.-.. Habitat Description NOTES: A Closing Payment Received $__.._. Date Date Case Closed NCDENR North Carolina Department of Environment and Natural Resources Division of Coastal Management Michael F. Easley, Governor Charles S. Jones, Director NOTICE OF VIOLATION October 24, 2005 CERTIFIED MAIL RETURN RECEIPT REQUESTED L.B. Page Landscaping Co. Inc. C/O Barrington Page Hyw 24 East Cape Carteret, NC 28584 William G. Ross Jr., Secretary tLSB ARB TB ft.- RB MTT RE: NOTICE OF VIOLATION AND REQUEST TO CEASE UNAUTHORIZED DEVELOPMENT CAMA VIOLATION #05-42C Dear Mr. Page: This letter is in reference to my October 21, 2005 visit at Avery Holder's property at 135 Waterway Dr, adjacent to Bogue Sound, near Cedar Point in Carteret County, North Carolina. The purpose of the onsite visit was to investigate unauthorized development on the aforementioned property. 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 your actions as contractor for Avery Holder are in violation of the Coastal Area Management Act (CAMA) as well as the State's Dredge and Fill Law. 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 pursuant to the North Carolina General Statutes (N.C.G.S.) 113A-1 18. I have information that indicates you have undertaken or are legally responsible for the placement of 75' of rip rap waterward of the Coastal Marsh on the aforementioned property. This activity 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 permit that was issued to you for work in this area expired on 6/29105. 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 development and contact me about this matter. A civil assessment of up to $2,500 may be assessed against any violator. Each day that the development described in this Notice is continued or repeated may constitute a separate violation, which is subject to an additional assessment of $2,500. An injunction or criminal penalty may also be sought to enforce any violation pursuant to N.C.G.S.113A-126. 400 Commerce Avenue, Morehead City, North Carolina 28557 Phone: 252-808-2808 \ FAX: 252-247-3330 \ Internet: www.nccoastalmanagement.net An Equal opportunity \ Affirmative Action Employer-50% Recycled \ 109% Post Consumer Paper UNITED STATES. POSTAL SERVICE C O'7 I 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 immumnnn mimmmnmmll�mni ■ 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 0 space permits. I 1. Article Addressed to: r L. B. Page Landscaping Co. C/o Barrington Page 467 Pearson Circle Newport, NC 28570 A Signa A. gent Addressee B. Recflived ( �n tl /Jame) C. ot�ivery D. Is del" address dillgrent from Item 1? Pes r if YES, enter delivery address below: No 3, Sgwlce Type I] Certified Mall Mail ❑ Registered JA5 Return Receipt for Merchandise ❑ Insured Mail ❑ C.O.D. 4. Restricted Delivery? (Extra Fee) ❑ yes �2. ArtceNumbe 7005 1160 0003 1594 20ArtceNumoe 7005 1160 0003 1594 20' (rrensfer t serelcs labeq PS Form 3811, February 2004 Domestic Rahn Reoapt 102595 M-1540 L.B. Page Landscaping Co October 26, 2005 Page 2 of 2 It is the policy of the Coastal Resources Commission to assess a minimum civil penalty $200 against all violations. This is done to recoup some of the costs of investigating the violation and/or to compensate the public for any damage to its natural resources. Whether a higher amount will be assessed will depend 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 7J.0409(f)(4)(F)(ii), the policy of the Coastal Resources Commission is to levy a civil assessment against contractors in addition to that assessed against the landowner. Therefore, since this is your second Notice of CAMA Violation in the same Area of Environmental Concern, you should expect a civil assessment to be levied against you. 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 Coastal 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 Phone: 252-808-2808 \ FAX: 252-247-3330 \ Internet: www.nccoastaimanagement.net An Equal Opportunity \ Affirmative Action Employer — 50% Recycled \ 100% Post Consumer Paper FUNCTION=> C-------DCM ENFORCEMENT PRIMARY VIOLATOR INFORMATION --------- RRD210 CASE: 980639C PERMIT #: CONSULTANT: BARRETT NAMEY L. B. PAGE LANDSCAPING ADDR: RT. 5, BOX 443 CITY: NEWPORT STATE: NC ZIP: 28570 PHONE: CNTY: CARTERET NEAREST WATER BODY: BROAD CREEK ST PLANE X: LPO : LOCALITY: NEWPORT ST PLANE Y: VIO DESC: FILLED CREATED BASIN FOR SHAWNASEE LEE & LEAN ENNIS --- CONTRACTOR 1ST : OFFENSE IN AEC---- NOV SENT: 08 13 98 VIOLATION: MAJOR: Y MINOR: PERM COND: CAMA: Y D&F: Y RESTORE : N REQUESTED: COMPLETED: ESTUARY: Y PUB TRST: SHORELINE: OCEAN HZ: OTHER: PRI NURS: ORW: WETLANDS: N SA: DS: CJ: SY: JR: LS: TY: SS: SC: SP: IF: BF: WS: MF: TYPE EXCAVATE FILLED RESTORE OTHER TYPE EXCAVATE FILLED RESTORE OTHER EW 0 1200 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 ------------------------ASSESSMENT AND DISPOSITION- REC ASSMT: 00000 REFERENCES: REPORT RCVD: 08 13 98 ASSESSED: 0 TO OGC: PAY REC: 0 ON: # VIOLATORS: 2 TOTAL ASSESSMENT: MESSAGE: ENTER DATA YOU WISH TO CHANGE ----------------------- CRITERIA: TO VIOLATOR: CASE CLOSED: 09 13 01 TOT RECEIVED: 0 PFI=HELP PF2=MAIN MENU PF3=ENFORCEMENT MENU PF4=PREV SCREEN PF5=VIOLATOR .1 ' f -, As authorized by the S and the Coas'­t'a_l Resouj Applicant_Narne Acldre ,aCity Phone# Authorized Agent Affected 0 Cw, OOEA :iD,R.EDGE & FILL tA'L-.,- PERMIT Previous pei :)dification DCof6pleie Reissue ElParcial Reissue Date previo to of North Carolina-, Department -of Environment and Natural Resources es omission in an a a cKfinvironmental concern pursuant to 15A NCAC 7 rn// 7r,,, Project Location: County Street Address/ State Road/ Lot i State' 97/--5// 414 ./r/1 4 :7 Fax # Sbbdivision city 1W * W__A [3ES OPTS. Phone#( '0 1H D UB'A, -FIN/A,- yes kiric,", Crit. Hab. yes /(2�� — I — Type of Project/ Activity Noe 411 !rVt issued I J __J Rules attached. ZIP 04�1 asin J: nat /man 7ui Pier (dock) length (Scale: Platform(s)_ Finger pier(s) Groin length II number Bulkhead/ Nprap length avg disfanEe' offshore max distance offshore Basin, channel cubic yards Boat ramp Boathouse/ Boadift Beach Bulldozing Other Shoreline Length -7 SAV. notsure yes no Sandbags: not sure yes Moratorium; n/a yes no Photos: yes no' Waiver Attached: . yes no .1 A building permit may be required by: Notes/ Special Conditions A Agent or Applicant Printed e Signat'Ure ** Pleaseire'ad compliance statement on back of permit" Application Fee(s) Check# El See note on back )(titer's Si nature ding River Basin rules. C?J jL;( r - Issuing Date Expiation Date Local rianningJunsdiction Rover File Name 02-Nov-05 NC DIVISION OF COASTAL MANAGEMENT ENFORCEMENT RECORD — CASE NUMBER LAST NAME FIRST NAME BUSINESS NAME: 05-42C PAGE 1BARRINGTON 1L.B. PAGE LANDSCAPING CO., IN C) CASE IS CLOSED Previous Violations in Same 1101 AEC for Similar Activities NOV DATE CLOSURE DATE Elapsed Days AFFLILIATION SECTOR 10/24/2005 � r— CONTRACTOR PRIVATE MAILING ADDRESS CITY STATE ZIP CODE PHONE NUMBER HWY 24 EAST CAPE CARTERE NC 29 - r PROPERTY ADDRESS COMMUNITY WATERBODY NEAREST ROAD 135 WATERWAY DR CEDAR POINT BOGUE SOUND HWY 24 DISTRICT OFFICE COUNTY DCM REPRESENTATIVE LPO CONTACT MHCDO CARTERET JDAVENPORT I VIOLATION TYPE ❑ CW n EW n PTA ❑ ES ❑ PTS MAJOR CAMA plus DREDGE AND FILL ❑ OEA [ _ 1 HHFA I_- I IHA L1 PWS I..I NCRA NATURE OF VIOLATION AEC DESCRIPTION orized major development and violation of the State's dredge and fill law by placing riprap waterward o I Wetlands and engaging in development on an expired CAMA permit within the EW and PTA AECs in Sound. RESTORATION REQUEST DATE COMPLETION DATE ❑ M I I RESTORATION NOT REQUIRED - CONTRACTOR - RESTORATION EXTENDED RESTORE DATE ❑ RESTORATION NOT REQUIRED - PERMITTABLE DEVELOPMENT i 1 DEADLINE EXTENDED ❑ RESTORATION NOT REQUIRED - FURTHER IMPACTS L_I REFERRED TO AG'S OFFICE - INJUNCTION ❑ RINJUNCTION DATE: �— ESTORATION PENDING REFERRED TO AG'S OFFICE -COLLECTION COLLECTION REQUEST DATE: F— ASSESSMENT DATE PENALTY AMOUNT COLLECTION DATE AMOUNT COLLECTED ❑ PENALTY ISSUED F— F [_ WILLFUL B INTENTIONAL PENALTY MIN. OR DOUBLED) ❑ PENALTY NOT ISSUED ] CNOV ISSUED CNOV DATE ❑ CONRACTOR'S FIRST OFFENSE PENALTY APPEALED APPEAL DATE I FORMAL CPA ISSUED FORMAL CPA DATE SETTLED, AGREED UPON, STIPULATED PENALTY SETTLEMENT DATE UNCOLLECTIBLE PENALTY F—UNCOLLECTIBLE DETERMINATION DATE Violations Involving Adversely Impacted Resources AMOUNT OF ADVERSELY DISTURBED AREA (SQ. FT.) 1 AMOUNT OF RESTORED AREA (SO. FT) NOTES contractor for Holder, case no. 05-41C. 21-Dec-05 NC DIVISION OF COASTAL MANAGEMENT ENFORCEMENT RECORD CASE NUMBER LAST NAME FIRST NAME BUSINESS NAME: 05-42C IPAGE BARRINGTON 1L.B. PAGE LANDSCAPING CO., IN CASE IS CLOSED Previous Violations in Same © NOV DATE CLOSURE DATE Elapsed Days AFFLILIATION SECTOR AEC for Similar Activities 10l242005 F'� CONTRACTOR PRIVATE MAILING ADDRESS CITY STATE ZIP CODE PHONE NUMBER HWY 24 EAST CAPE CARTERE NC 28584- 1 PROPERTY ADDRESS COMMUNITY WATERBODY NEAREST ROAD 135 WATERWAY DR JCEIDAR POINT BOGUE SOUND HWY 24 DISTRICT OFFICE COUNTY DCM REPRESENTATIVE LPO CONTACT MHCDO ICARTERET DAVENPORT I VIOLATION TYPE AFFECTED AEG(S): ❑ CW W] EW © PTA ❑ ES ❑ PTS MAJOR CAMA plus DREDGE AND FILL ❑ OEA ❑ HHFA ❑ IHA ❑ PWS ❑ NCRA NATURE OF VIOLATION AEC DESCRIPTION Unauthorized major development and violation of the State'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. rRESTORATIONSTATUS I] RESTORATION NOT REQUIRED - CONTRACTOR ❑ RESTORATION NOT REQUIRED - PERMITTABLE DEVELOPMENT ❑RESTORATIONNOTREQUIRED- FURTHERIMPACTS ❑ RESTORATION PENDING RESTORATION REQUEST DATE COMPLETION DATE I— I RESTORATION EXTENDED RESTORE DATE ❑ DEADLINE EXTENDED ❑ REFERRED TO AG'S OFFICE - INJUNCTION INJUNCTION REFER DATE: r— ❑ REFERRED TO AG'S OFFICE - COLLECTION COLLECTION REQUEST DATE: i ASSESSMENT DATE PENALTY AMOUNT COLLECTION DATE AMOUNT COLLECTED PENALTY STATUS � � 1 1 12/20/2005 $200 J PENALTY ISSUED El PENALTY NOT ISSUED El WILLFUL &INTENTIONAL PENALTY (MIN. OR DOUBLED) ❑ ISSUED �CNOV DATE [:1❑PENALTY CONRACTOR'S FIRST OFFENSE PENALTY APPEALED APPEAL DATE ❑ FORMAL CPA ISSUED r FORMAL CPA DATE ❑.SETTLED. AGREED UPON, STIPULATED PENALTY I —SETTLEMENT DATE ❑ UNCOLLECTIBLE PENALTY I UNCOLLECTIBLE DETERMINATION DATE Violations Involving Adversely Impacted Resources AMOUNT OF ADVERSELY DISTURBED AREA (SQ. FT.) I — AMOUNT OF RESTORED AREA (SQ. FT) NOTES is contractor for Holder. case no. 05-Jar 06 NC DIVISION OF COASTAL MANAGEMENT ENFORCEMENT RECORD CASE NUMBER LAST NAME O FIRST NAME BUSINESS NAME: 0542C PAGE BARRINGTON 1L.B. PAGE LANDSCAPING CO., IN O CASE IS CLOSED Previous Violations in Same NOV DATE CLOSURE DATE Elapsed Days AFFLILIATION SECTOR © AEC for Similar Activities 10f2412005 JAJ&12o 1 71 ICONTRXCTOR 1PRIVATE MAILING ADDRESS CITY STATE ZIP CODE PHONE NUMBER JHWY 24 EAST ICAPE CARTERE NC 28584- 1 PROPERTY ADDRESS COMMUNITY WATERBODY NEAREST ROAD 135 WATERWAY DR ICEDAR POINT IBOGUE SOUND JHWY 24 DISTRICT OFFICE COUNTY DCM REPRESENTATIVE LPO CONTACT. MHCDO fCARTERET :DAVENPORTu VIOLATION TYPE AFFECTEDAEC(S) ❑ CW [11 EW © PTA ❑ ES ❑ PTS. MAJOR CAMA plus DREDGE AND FILL ❑ OEA ❑ HHFA ❑ IHA ❑ PWS ❑ NCRA NATURE OF VIOLATION AEC DESCRIPTION rutnorized 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 MA permit. RESTORATION STATUS — M FVJ RESTORATION NOT REQUIRED -CONTRACTOR ❑ RESTORATION NOT REQUIRED - PERMITTABLE DEVELOPMENT ❑ RESTORATION NOT REQUIRED - FURTHER IMPACTS ❑ RESTORATION PENDING RESTORATION REQUEST DATE COMPLETION DATE I I 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: I PENALTYSTATUSI — ASSESSMENT DATE PENALTY AMOUNT COLLECTION DATE AMOUNT COLLECTED PENALTY ISSUED 1Z20/2005 $200 1!3/2006 $200 ' ❑ ❑ WILLFUL & INTENTIONAL PENALTY (MIN. OR DOUBLED) PENALTY NOT ISSUED ❑ CNOV ISSUED F_CNOV DATE ❑ CONRACTOR'S FIRST OFFENSE ❑ PENALTY APPEALED —APPEAL DATE ❑ FORMAL CPA ISSUED FORMAL CPA DATE ❑ SETTLED, AGREED UPON, STIPULATED PENALTY I SETTLEMENT DATE ❑ UNCOLLECTIBLE PENALTY I UNCOLLECTIBLE DETERMINATION DATE Violations Involving Adversely Impacted Resources AMOUNT OF ADVERSELY DISTURBED AREA (SQ. FT.) AMOUNT OF RESTORED AREA (SQ. FT) NOTES contractor tar Holder, case no.