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HomeMy WebLinkAbout05-28C Jedi Development Groupil,n J. _j,9 CC: RONDA SENNETT Investigation has disclosed information that warrants discontinuation of enforcement ction on the case listed below. Therefore, based upon staffs review and circumstances in this ase, I hereby authorize closing/discontinuing CAMA Violation rase No.: 6 5- -29t, M. TED TYNDALL, Assistant Director 02/01/2012 Date 9/26/12 North Carolina Secretary of State North Carolina s r s_ Elaine F Marshall DEPARTM ENT OF THE r'r Secretary SECRETARY Oi= STATE PO Box 29622 Raleigh, NC 27626-0622 (919)607-2000 SearchType: Starting With Search Criteria`JED�ORIENTAL 9/26/2012 9:37:44 AM Clickon the entity name below to mew the business profile Entity Name I Type i Status Formed I Online Annual Reports NC Jedi Oriental, LLC I LLC Y Admin. Dissolve 3/1/2004 1 File Report 1 Records Returned. Search Again \ / This website is provided to the public as a part of the Secretary of State Knowledge Base (SOSKB) system. Version: 3484 w .secretary.state.nc.us/corporations/searchresultsaspx?onlyactive=OFF&Words=STARTING&se... 1/1 ■ Complete items 1, 2, and 3. Also complete Rem 4 R 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 R space permits. 1. Artcle Addressed to: Jeui Development Croup, Inc. C/o Mr. Matt Brunn Co -Owner, Manager 3927 Peachtree Road Atlanta, GA 30319 i 2. Article Number X❑ Agent ❑ Addre: B. Received by ( Printed Name) C. 14e of Pell I rS` Y. D. Is delivery address different from ttem WAY. If YES, enter delivery address below: ❑ No e Type ified Mail FE3 ❑ExpressMail istered ❑ Retum Receipt for Merchandise red Mail ❑ C.O.D. 4. Restricted Delivery? (Ex" Fee) ❑ Yes 7004 2890 0003 8041 9908 4 PS Form 3811, February 2004 Domestic Return Receipt 10259602-M-1540 UNITED STATES POSTAL SERVICE• ; - - - First -Class MaN- - Postage $ Fe" Paid USPS Permit No. G-10 • Sender: Please print Xotir name{address, and ZIP+4 in this box N.C. Division of Coastal Management 400 Commerce Avenue Morehead City, N.C. 28557 808-2808 co fi't IIIIIIItIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIjIIiIIII le Is &t�!'j7j j /Ift,� 2 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 21, 2005 CERTIFIED MAIL RETURN RECEIPT REQUESTED Jedi Oriental, LLC C/o Mr. Chris Brady, Managing Partner 110 Allen Drive New Bern, NC 28562 RE: CAMA VIOLATION #05-28C SECOND NOTICE OFASSESSMENT Dear Mr. Brady: This letter is in reference to the previous Notice of Assessment dated 10/17/05 for the Notice of Violation sent to you dated 7/28/05, for the unauthorized clearing of 38 acres adjacent to the Neuse River within the subdivision of Summer Winds, off of SR 1317 in Pamlico County. The violation involved the Estuarine Shoreline AEC, which is an Area of Environmental Concern designated by the Coastal Resources Commission. No restoration of the site was requested by the Division. 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. This is to recover some of the costs of investigating violations and/or to compensate the public for any damage to its natural resources. As stated in the previous Notice of Assessment, under the rules of the Coastal Resource Commission, a civil penalty in the amount of $500.00 is appropriate for this violation. Therefore, a $500.00 penalty is informally proposed against you. You may expeditiously resolve this matter at this time by accepting responsibility for the violation and paying the amount proposed above. In order to do this, you must: (1) sign the "Agreement to Pay Civil Assessment;" (2) attach a check or money order for $500.00 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. 151-B Hwy. 24, Hestron Plaza II, Morehead City, North Carolina 28557 Phone: 252-808.28081 FAX: 252-247-33301Intemet: www.nccoastalmanagement.net An Equal Opportunity \ Affirmative Action Employer- 50% Recycled \ 10% Post Consumer Paper 0 Mr. Chris Brady December 21, 2005 Page 2 of 3 r If you do not send a signed agreement and payment to this office within ten (10) days, I will request the Director of the Division of Coastal Management formally assess a civil penalty against you for this violation. You will then have the opportunity to request a hearing on the penalty or request remission of the penalty. Please be advised, this is the final attempt to resolve this matter informally. 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. U Sincerely, , P) 4 Tere Barrett District Manager, MHC DCM cc: Charles S. Jones, Director, DCM Ted Tyndall, Assistant Director, DCM Roy Brownlow, Compliance and Enforcement Coordinator, DCM Stephen Lane, Coastal Management Representative, DCM 400 Commerce Ave, Morehead City, North Carolina 28557 Phone: 252-808-28081 FAX: 252-247-33301 Internet: www.necoastaimanagement.net An Equal Opportunity 1 Affinnalive Action Employer— 50% Recycled 110% Post Consumer Paper ■ Complete items 1, 2, and 3. Also complete Item 4 if Restricted Delivery is desired. ■ Print your name and address on the reverse so that we can return the card to you. ■ Attach this card to the back of the mallplece, or on the front if space permits. 1. Article Addressed to: Jedi Oriental, LLC C/o Mr. Chris Brady 110 Allen Drive New "Bern, NC 28562 2. Article Number (rransfer from service kw PS Form 3811, February 2004 A. Signature ❑ Agent X I C. Date of Deliver D. Is delivery address different frgh Item 11 ❑ Yes If YES, enter delivery address below: ❑ No 3. Service Type ❑ Certified Mail ❑ Express Mail ❑ Registered ❑ Return Receipt for Merchandise ❑ Insured Mail ❑ C.O.D. 4. Restricted Delivery? (Extra Fee) ❑ Yes 7005 1160 0003 159 Domestic Return Receipt j 102595-02-M-1540 UNITED STATES POSTAL SERVICE I I I II I First -Class Mail Pennse & Fees Paid USPr Sender: Please print your name, address, and ZIP+4 in this box - N.C. Division of Coastal 400 Commerce A Q� Morehead Clty, N.C. 808-2808 JAN - 3 2006 Mortonead City D¢M Mr. Chris Brady . December 21, 2005 Page 3 of 3 CAMA VIOLATION #05-28C 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 amount of $500.00 against me for Molation of Management Act, NCGS 113A-100 et sue, committed within the subdivision of Summer the Neuse River off of SR 1317, Pamlico County, North Carolina. In order to resolve further action or expense on my part, I accept responsibility for the violation as Violation letter dated 7/28105, and agree to pay the civil assessment of $500.00. DATE SIGNATURE ADDRESS TELEPHONE 151-B Hwy. 24, Hestron Plaza II; Morehead City, North Carolina 28557 Phone: 252-808-2808 \ FAX: 252-247-3330 \ Internet: www.nccoastalmanagemE An Equal Opportunity \ Affirmative Action Employer— 50% Recycled \ 10% Post Consumer will propose the Coastal Area adjacent to matter with no 1 in the Notice of AA. r NCDENR North Carolina Department of Environment and Natural Resour es Division of Coastal Management Michael F. Easley, Governor Charles S. Jones, Director William G,; Ross Jr., Secretary od — GepteffrbeH7, 2005 CERTIFIED MAIL RETURN RECEIPT REQUESTED Jedi Oriental, LLC C/o Mr. Chris Brady, Managing Partner 110 Allen Drive New Bern, NC 28562 RE: CAMAVIOLATION#05-28C Dear Mr. Brady: LSB RB TB TB FRB 11,:."TT This letter is in reference to the Notice of Violation dated July 28, 2005 that Mr. Stephen Lane, representative for the Division of Coastal Management, issued to Jedi Development Group, Inc., for land clearing for subdivision development at Summer Winds Subdivision off SR 1317, Pamlico County. The violation involved approximately 38 acres, part of which was within the Estuarine Shoreline, which is an Area 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 $500.00 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 I Assessment;" (2) attach a check or money order for $500.00 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. 400 Commerce Avenue, Morehead City, North Carolina 28557 Phone: 252-808-28081FAX: 252-247-33301Internet: www.nccoastalmanagement.net An Equal Opportunity 1 Affirmative Action Employer- 50% Recycled 110% Post Consumer Paper Jedi Oriental, LLC C/o Mr. Chris Brady September 17, 2005 Page 2 of 3 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. 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 Division of Coastal Management Enclosures cc: Ted Tyndall, Assistant Director, DCM Roy Brownlow, Compliance Coordinator, DCM Tere Barrett, Coastal Management Representative, DCM UNITED STATES POSTAL SERVICF� I� I I II I Postage Mail �'ss PaidPermi • Sender: Please print your name, address, and ZIP+q in this box N.C. Division of Coastal Management 400 Commerce Avenue Morehead City, N.C. 28557 808-2808 InlllluIIfI,L1I1bititIIIIIIIII IIIli filt1XimIfill i 1VV►` ■ 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 1. Article Addressed to: Jedi Oriental, LLC C/o Mr. Chris Brady, Managing Partner 110 Allen Drive New Bern, NC 28562 A. Signature IA C f' C. Ppi Delivery D. Is dellvery address different from two 1? '0 Yes If YES, enter delivery address below' ❑ No 3. Service Type 0 Certified Mail ❑ Express Mail ❑ Registered 0 Return Receipt for Merchandise ❑ Insured Mall ❑ C.O.D. i 4. Restdcted Delivery? (Extra Fee) O Yes 2. Artcle Number (Wansfer from Service law 7005 1160 0003 1594 1977 i PS Form 3811, February 2004 Domesdc Return Receipt 10Y59a-02-M-1W ;\ Jetli Oriental, LLC C/o Mr. Chris Brady September 17, 2005 Page 3 of 3 CAMA VIOLATION #05.28C AGREEMENT TO PAY PROPOSED CIVIL ASSESSMENT I understand that the staff of the Department of Environment and Natural Resou assessment of a civil penalty in the amount of $500.00 against me for violation of Management Act, NCGS 113A-100 et sect, committed on or near my property off SSR 131 S/D in Pamlico County, North Carolina. In order to resolve this matter with no further actioi part, I accept responsibility for the violation as described in the Notice of Violation letter agree to pay the proposed civil assessment of $500.00. DATE SIGNATURE ADDRESS TELEPHONE Nill propose the Coastal Area at Summer Winds or expense on my ated 7128/05,'and ARA 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 September 6, 2005 LSB 11�tRB CERTIFIED MAIL M FRB TT RETURN RECEIPT REQUESTED Jedi Development Group, Inc. C/o Mr. Matt Brunn 3927 Peachtree Road Atlanta, Ga. 30319 RE: CAMA VIOLATION #05-28C Dear Mr. Brunn: This letter is in reference to the Notice of Violation dated July 28, 2005 that Mr. Stgpben Lane, representative for the Division of Coastal Management, issued to you for land clearing for -.subdivision development at Summer Winds Subdivision off SR 1317, Pamlico County. The violation involved approximately 38 acres, part of which was within the Estuarine Shoreline, which is an Area 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 $500.00 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 $500.00 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. 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% Recycleti 110% Pest Consumer Paper Jedi Development Group, Inc. C/o Mr. Matt Brunn September 6, 2005 Page 2 of 3 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. 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, , U"' 4q- Tere Barrett, District Manager Division of Coastal Management Enclosures cc: Ted Tyndall, Assistant Director, DCM ;doy Brownlow,Aompliance Coordinator, DCM Tere Barrett, Coastal Management Representative, DCM A Jedi Development Group, Inc. -' C/o Mr. Matt Brunn September 6, 2005 Page 3 of 3 CAMA VIOLATION #05.28C AGREEMENT TO PAY PROPOSED. CIVIL ASSESSMENT I understand that the staff of the Department of Environment and Natural Resource's will propose the assessment of a civil penalty in the amount of $500.00 against me for violation of the Coastal Area Management Act, NCGS 113A-100 et sec, committed on or near my property off SSR 131 at Summer Winds S/D in Pamlico County, North Carolina. In order to resolve this matter with no further actin i or expense on my part, I accept responsibility for the violation as described in the Notice of Violation letter dated 1/28/05, and agree to pay the proposed civil assessment of $500.00. DATE SIGNATURE .15C_ M TELEPHONE NU North Carolina Elaine F. Marshall DEPARTMENT OF THE Secretary SECRETARY of STATE Corporations •Corporations Home *Important Notice •Corporate Forms/Fees 'Corporations FAQ *Tobacco Manufacturers *Dissolution Reports •Non -Profit Reports 'Verify Certification OOnline Annual Reports Links OSecretary Of State Home *Register for E-Procurement •Dept. of Revenue Legislation 01999 Senate Bills 02001 Bill Summaries *Annual Reports 1997 *Corporations 1997 •Other Legislation Search *By Corporate Name *For New Corporation •By Registered Agent Online Orders *Start An Order *New Payment Procedures Contact Us •Corporations Division *Secretary of State's web site Print •Printable Page PO Box 29622 Raleigh, NC 27626-0622 (919)807-2000 Date: 10/13/2005 Click here to: View Document Filings I Print apre-populated Annual Report Form I File an Annual Report I Corporation Names Name Name Type NC Jedi Oriental, LLC Legal NC )edi Development Group, Prev Legal LLC Limited Liability Company Information SOSID: 0713805 FID: 20-0824616 Status: Current -Active Date Formed: 3/1/2004 Citizenship: Domestic State of Inc.: NC Duration: 12/31/2099 Registered Agent Agent Name: Hart, Joseph Williams Registered Office Address: 110 Oakwood Drive Suite 550 Winston Salem NC 27103 Registered Mailing Address: 110 Oakwood Drive Suite 550 Winston Salem NC 27103 Principal Office Address: 3537 Kingsboro Road Atlanta GA 30319 Principal Mailing Address: 3537 Kingsboro Road Atlanta GA 30319 For Questions or comments about the North Carolina Secretary of State's web site, please send e-mail to Webmaster. 08-Sep-05 NC DIVISION OF COASTAL MANAGEMENT ENFORCEMENT RECORD 'CASE STATUS' CASE NUMBER LAST NAME FIRST NAME BUSINESS NAME: -I 05-28C IBRUNN MATT 1JEDI DEVELOPMENT GRP, INC. CASE IS CLOSED Previous Violations in Same AEC NOV DATE CLOSURE DATE Elapsed Days AFFLILIATION SECTOR for Similar Activities 7I28/2005 [- 42 ILEGALAGENT COMMERCIAL MAILING ADDRESS CITY STATE ZIP CODE PHONE NUMBER 3927 PEACHTREE ROAD ATLANTA GA 30319- PROPERTY ADDRESS COMMUNITY WATERBODY NEAREST ROAD SUMMER WINDS S/D JORIENTAL INEUSE RIVER SR 1317 DISTRICT OFFICE COUNTY DCM REPRESENTATIVE LPO CONTACT MHCDO PAMLICO LANE VIOLATION TYPE AFFECTED AEC(S) CW EW ❑ IOTA W ES ❑ PTS MAJOR CAMA OEA RHEA ❑ IHA PWS NCRA NATURE OF VIOLATION AEC DESCRIPTION Unauthorized major development by engaging in land disturbing activities in excess of an acre (38+ acres) within the ES AEC adjacent to the Neuse River. (RESTORATION STATUS RESTORATION NOT REQUIRED - CONTRACTOR J RESTORATION NOT REQUIRED-PERMITTABLE DEVELOPMENT RESTORATION NOT REQUIRED -FURTHER IMPACTS RESTORATION PENDING RESTORATION REQUEST DATE COMPLETION DATE ,RESTORATION EXTENDED RESTORE DATE DEADLINE EXTENDED REFERRED TO AG'S OFFICE - COLLECTION REFERRED TO AG'S OFFICE - INJUNCTION ASSESSMENT DATE PENALTY AMOUNT COLLECTION DATE AMOUNT COLLECTED (PENALTY STATUS 9/5/2005 $500 PENALTY ISSUED ❑ PENALTY NOT ISSUED WILLFUL INTENTIONAL PENALTY (MIN. OR DOUBLED) CNOV ISSUED ❑ CONRACTOR'S FIRST OFFENSE . SETTLED, AGREED UPON, OR STIPULATED PENALTY PENALTY APPEALED UNCOLLECTIBLE PENALTY I FORMAL CPA ISSUED Violations Involving Adversely Impacted Resources AMOUNT OF ADVERSELY DISTURBED AREA (SO. FT.) 1 AMOUNT OF RESTORED AREA (SO. FT) I NOTES DWO, DLR notified of activity. S & E control and before DCM can permit to continue work. plans to be submitted and approved from these divisions ®CM ENFORCEMENT TRACKING REPORT i � Issuer Df-2-b' 'C_ Field Rep. `11 Violation Base No. A B C D LPO Sl< i t Violated Permit No. (if applicable) Violation Description Was activity pe mittable? Ces / No Initial Discovery Date (' !,6 Discover yMethod fih �7,f e' N ✓L. J�j,iJJJon u��ln Violation Description C (; e I � Respondent Information Prior Violations in same AEC: Yes / No Cas Number -01 Respondent Name(s) e �l �e z�� "`" G ''"" (Landowner/Agent/Contractor) Address City 011 141. State GA zip`3 o3/y Phone # Fax # Email Violation Type: Project Type: Authorizations Required: Site Visits Responder t Site Visits Responder l No Per Private/Community Ma'o . CAM �� Present N Present Permit Condition Govt. lic Minor Expired Permit ornmercial General Inconsistent w/ Rules Violation Location and Site Description Rover File Project Location: County /' , I' c . Shoreline Length j coo I Street Address/ State Road/ Lot #(s) ' SAV: Not Sure Yes Q. Sandbags: Not Sure Yes Subdivision fw,,."�"wPNA: Yes No Adjacent ��/�"' / /AJ ` ORW: Yes N J Adjacent City ZIP Crit. Hab. Yeses No Phone # ( ) River Basin ��"�"' Photos No Adj. Wtr.Body r',o, nat`man /unkn) Waiver Required Yes to Closest Maj. Wtr. Body QV e,—, - In DWQ Buffer Area e� No Restoration ° Extension Granted Yes No NOV Date %'� Initial Req. Comp. Date Restorati( n Letter CNOV Date Date Comp. Observed Acceptan a Date Penalty Assessment 7).04091 Ref. Recom . Assess. DCM Assess. Sent to Respondent Date App./Permit Fee Cf%� yl��� $ $ Rcvd. by Dist. Mgr. Date. Penalty $ 0 $ Assessment Extended Yes No Willful/Intent. $ $ ' Continuing $ $ Other $ $ 1} `0 s9 Total Formal Assessments, Appeals and Reductions Date Long Form Submitted Assessment Appealed Yes No Date Formal CPA Submitted 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. Sent Violation Activities and Impacts AECs Affected: Wetlands Impacted? Yes / 1� If yes, which types: CW EW PTA ES PTS OEA HHF IH SA DS CJ SY 1R LS TY SS SC SP 404 PWS: FC:_ _ Other: Restoration Required by the Respondent Yes / No Dimensions in excess Dimensions to restore of permit/ unauthorized activities Development Activities Habitat Description NOTES: Closing I Final dimensions Actually restored allowed 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 William G. Ross Jr., Secretary NOTICE OF VIOLATION July 28, 2005 CERTIFIED MAIL RETURN RECEIPT REQUESTED Jedi Development Group, Inc. c/o Mr. Matt Brunn, Co -Owner, Manager 3927 Peachtree Road Atlanta, Georgia 30319 RE: NOTICE OF VIOLATION AND REQUEST TO CEASE UNAUTHORIZED DEVELOPMENT CAMA VIOLATION #05 28C Dear Mr. Brunn: This letter confirms that on July 26, 2005, 1 was onsite at your property located in Summer Winds Subdivision, adjacent to the Neuse River, near Oriental, off SR1317, Pamlico County, North Carolina. The purpose of the visit was to investigate unauthorized development adjacent to the Neuse River. Information gathered by me for the Division of Coastal Management indicates that you have undertaken major development in violation of the Coastal Area Management Act (CAMA). No person may undertake major development in a designated Area of Environmental Concern (AEC) without first obtaining a permit from the North Carolina Department of Environment and Natural Resources. This requirement is imposed by North Carolina General Statute (N.C.G.S.) 11 3A-1 18. I have information that indicates you have undertaken or are legally responsible for the disturbance of approximately 38 acres on the aforementioned property. This activity took place within the Estuarine Shoreline that is contiguous with the Neuse River. The Estuarine Shoreline is designated as an Area of Environmental Concern (AEC). No permit was issued to you for work in this area. Based on these findings, I am initiating an enforcement action by issuing this Notice of Violation for violation of the Coastal Area Management Act. 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 against any violator. Each day that the development described in this notice is continued or repeated may constitute a separate violation that is subject to an additional assessment of up to $2,500. An injunction or criminal penalty may also be sought to enforce any violation (N.C.G.S.113A-126). It is the policy of the Coastal Resources Commission to levy a minimum civil assessment of $500 not to exceed $2,500 against all violations of this type. This is done to recoup some of the costs of investigating violations and/or to compensate the public for any damage to its natural resources. Whether a higher amount will be assessed depends 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 \ 10%< Post Consumer Paper Jedi Development, Inc. Notice of Violation - July 28, 2005 Page 2 on several factors, including the nature and area of the resources that were affected and the extent of the damage to them. 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 with the guidelines for Areas of Environmental Concern. Therefore, restoration of the impacted area is not requested at this time. However, please be advised that you are required to obtain a CAMA Major Permit for any further development, including construction, grading, infrastructure, etc. Please note that by copy of this Notice, I am informing the Divisions of Water Quality and Land Resources of the unauthorized activity. Be apprised that a Sedimentation and Erosion Control Plan and a Stormwater Plan will be needed from these Divisions. Thank you for your time and cooperation in resolving this important matter. If you have any questions about this or related matters, please call me at (252) 808-2808. Upon 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 permits. 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. Sincerer- Stephen Lane Coastal Management Representative Cc: Ted Tyndall, Assistant Director, DCM Tere Barrett, District Manager, DCM Roy Brownlow, Compliance Coordinator, DCM Raleigh Bland, Major Permit Coordinator, USACE Pat McClain, Regional Engineer, DLR At Hodge, Regional Supervisor, DWQ Skip Lee, LPO, Pamlico County DCM ENFORCEMENT TRACKING REPORT Field Rep. 'f��' Issuer Violation Base No. LPO LPJ t ✓ " Violated Permit No. (if applicable) Violation Description Was activity permictable? es / No Initial Discovery Date (' D�� Discovery Method Violation Description 1P 1. P c, -JiI— — -�i, ,:> -f,Ui Respondent Information Prior Violations in same AEC: Yes / No Case Number -01 Respondent Name(s) Jed , � � / ' ` " � � � P (Landowner/Agent/Contractor) Address /'L�'�4 6?"" City State GA zip `3 o3/y Phone # Fax # Email Violation Type: Project Type: Authorizations Required: Site Visits Respondent Site Visits Respondent _No/ Perrtyt-' PrivatelCommunity Ma _ CAMAS Present Present Permit Condition Govt. lie t. Vaal Minor &F Expired Permit �,o General Inconsistent wl Rules Violation Location and Site Description Rover File Project Location: County ✓ . - i' ` ` Shoreline Length 1,151 0 Street Address/ State Road/ Lot #(s) SR 171-7 w,s1 Ji0 a SAV: Not sure Yes to s" Sandbags: Not Sure Yes Subdivision J��"""`' PNA: Yes No Adjacent D�l�..-1,<1 �N ORW: Yes Adjacent City ZIPf71 Crit. Hab. Yes No Phone # ( ) River -Basin Photos (SQ� No Adj. Wtr, Body Innat ,/man /unkn) Waiver Required Yes - Closest Maj. Wtr. Body 9V e�,�o-- ��`� In DWQ Buffer Area rq No Restoration ° Extension Granted Yes No _ NOV Date %��-� Initial Req. Comp. Date Restoration Letter CNOV Date Date Comp. Observed Acceptance Date Penalty Assessment 71.0409 Ref. Recomm. Assess. DCM Assess. Sent to Respondent Date App./Permit Fee $ -. $ Rcvd. by Dist. Mgr. Date Penalty $ $ Assessment Extended Yes No Willful/intent. $ $ Continuing $ $ Other $ __ _-- $ Total Formal Assessments, Appeals and Reductions Date Long Form Submitted Assessment Appealed Yes No Date Formal CPA Submitted 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. Sent Violation Activities and Impacts (' AECs Affected: Wetlands Impacted? Yes / IUg If yes, which types. CW EW PTA CS- PTS OEA HHF IH SA DS Cl SY IR LS TY SS SC SP 404 PWS: FC Other Restoration Required by the Respondent Yes / (No, Dimensions in excess `Dimensions to restore final dimensions of permit/ unauthorized activities allowed Development Activities Habitat Description NOTES: Closing Payment Received $ Date Date Case Closed Actually restored NCDENR y 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 NOTICE OF VIOLATION July 28, 2005 CERTIFIED MAIL RETURN RECEIPT REQUESTED Jedi Development Group, Inc. c/o Mr. Matt Brunn, Co -Owner, Manager 3927 Peachtree Road Atlanta, Georgia 30319 RE: NOTICE OF VIOLATION AND REQUEST TO CEASE UNAUTHORIZED DEVELOPMENT CAMA VIOLATION #05-28C Dear Mr. Brunn: This letter confirms that on July 26, 2005, 1 was onsite at your property located in Summer Winds Subdivision, adjacent to the Neuse River, near Oriental, off SR1317, Pamlico County, North Carolina. The purpose of the visit was to investigate unauthorized development adjacent to the Neuse River. Information gathered by me for the Division of Coastal Management indicates that you have undertaken major development in violation of the Coastal Area Management Act (CAMA). No person may undertake major development in a designated Area of Environmental Concern (AEC) without first obtaining a permit from the North Carolina Department of Environment and Natural Resources. This requirement is impose by North Carolina General Statute (N.C.G.S.) I I3A-118. I have information that indicates you have undertaken or are legally responsible for the disturbance of approximately 38 acres on the aforementioned property. This activity took place within the Estuarine Shoreline that is contiguous with the Neuse River. The Estuarine Shoreline is designated as an Area of Environmental Concern (AEC). No permit was issued to you for work in this area. Based on these findings, I am initiating an enforcement action by issuing this Notice of Violation for violation of the Coastal Area Management Act. 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 against any violator. Each day that the development described in this notice is continued or repeated may constitute a separate violation that is subject to an additional assessment of up to $2,500. An injunction or criminal penalty may also be sought to enforce any violation (N.C.G.S.113A-126). It is the policy of the Coastal Resources Commission to levy a minimum civil assessment of $500 not to exceed $2,500 against all violations of this type. This is done to recoup some of the costs of investigating violations and/or to compensate the public for any damage to its natural resources. Whether a higher amount will be assessed depends 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 \ 10% Post Consumer Paper Jedi Development, Inc. Notice of Violation - July 28, 2005 Page 2 on several factors, including the nature and area of the resources that were affected and the extent of the damage to them. 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 with the guidelines for Areas of Environmental Concern. Therefore, restoration of the impacted area is not requested at this time. However, please be advised that you are required to obtain a CAMA Major Permit for any further development, including construction, grading, infrastructure, etc. Please note that by copy of this Notice, I am informing the Divisions of Water Quality and Land Resources of the unauthorized activity. Be apprised that a Sedimentation and Erosion Control Plan and a Stormwater Plan will be needed from these Divisions. Thank you for your time and cooperation in resolving this important matter. If you have any questions about this or related matters, please call me at (252) 808-2808. Upon 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 permits. 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. Sincerer - Stephen Lane Coastal Management Representative Cc: Ted Tyndall, Assistant Director, DCM Tere Barrett, District Manager, DCM Roy Brownlow, Compliance Coordinator, DCM Raleigh Bland, Major Permit Coordinator, USACE Pat McClain, Regional Engineer, DLR Al Hodge, Regional Supervisor, DWQ Skip Lee, LPO, Pamlico County