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Home My WebLink About05-59D Fishermans Cove OIB LLC04-N°"-05 NC DIVISION OF COASTAL MANAGEMENT ENFORCEMENT RECORD ® CASE NUMBER LAST NAME FIRST NAME BUSINESS NAME: 05-59D ISMITH MARK FISHERMAN'S COVE OIB, LLC I CASE IS CLOSED I Previous Violations in Same ❑ AEC for Similar Activities NOV DATE CLOSURE DATE Elapsed Days AFFLILIATION SECTOR 10/28/2005 I PROPERTY OWNER PRIVATE MAILING ADDRESS CITY STATE ZIP CODE PHONE NUMBER 5932 TARLETON DRIVE OAK RIDGE NC 2T310. F- PROPERTY ADDRESS COMMUNITY WATERBODY NEAREST ROAD 35 LAURINBURG OCEAN ISLE BEAC CANAL 23 F- DISTRICT OFFICE COUNTY DCM REPRESENTATIVE LPO CONTACT WIRO BRUNSWICK I 1J. WHITESIDE VIOLATION TYPE ❑ CW I I EW I PTA !%eI ES L 1 PTS MINOR CAMA i i OEA ❑ HHFA [ I IHA PWS 17 NCRA NATURE OF VIOLATION AEC DESCRIPTION 30- BUFFER AREA Unauthrorized minor development by placi the man-made canal system in Ocean Isle ❑ RESTORATION NOT REQUIRED - CONTRACTOR RESTORATION NOT REQUIRED- PERMITTABLE DEVELOPMENT ❑ RESTORATION NOT REQUIRED - FURTHER IMPACTS ❑ RESTORATION PENDING area In the tS At:u adjacent to RESTORATION REQUEST DATE COMPLETION DATE 11/112005 RESTORATION EXTENDED RESTORE DATE DEADLINE EXTENDED REFERRED TO AG'SOFFICE - INJUNCTION r INJUNCTION DATE: I - ( REFERRED TO AG'S OFFICE - COLLECTION COLLECTION REQUEST DATE: F_ ASSESSMENT DATE PENALTY AMOUNT COLLECTION DATE AMOUNT COLLECTED ❑ PENALTY ED I F_ F_ I L I WILLFUL & INTENTIONAL PENAL OR DOUBLED) ❑ PENALTY NOT ISSUED ❑ CNOV ISSUED CNOV DATE [ICONRACTOR'S FIRST OFFENSE ❑ PENALTY APPEALED APPEAL DATE L FORMAL CPA ISSUED FORMAL CPA DATE SETTLED, AGREED UPON, STIPULATED PENALTY r-SETTLEMENT DATE UNCOLLECTIBLE PENALTY F-UNCOLLECTIBLE DETERMINATION DATE Violations Involving Adversely Impacted Resources AMOUNT OF ADVERSELY DISTURBED AREA (SQ. FT.) AMOUNT OF RESTORED AREA (SQ. FT) NOTES 1"Ov-05 NC DIVISION OF COASTAL MANAGEMENT ENFORCEMENT RECORD CASE NUMBER LAST NAME FIRST NAME BUSINESS NAME: OS-59D SMITH MARK FISHERMAN'S COVE OIB, LLC !_) CASE IS CLOSED Previous Violations in Same ❑ AEC for Similar Activities NOV DATE CLOSURE DATE Elapsed Days AFFULIATION SECTOR 70/2812005 17 PROPERTY OWNER 1PRIVATE MAILING ADDRESS CITY STATE ZIP CODE PHONE NUMBER 5932 TARLETON DRIVE OAK RIDGE NC 2T310. F— PROPERTY ADDRESS COMMUNITY WATERBODY NEAREST ROAD 35 LAURINBURG OCEAN ISLE BEAC CANAL 23 r— DISTRICT OFFICE COUNTY DCM REPRESENTATIVE LPO CONTACT WIRO BRUNSWICK IJ. WHITESIDE CW ❑ EW I J PTA J] ES i_� PTS VIOLATION TYPE MINOR CAMA ❑ OEA [ HHFA ! IHA J PWS !] NCRA NATURE OF VIOLATION AEC DESCRIPTION 30' BUFFER AREA Unauthrorized minor development by placing concrete within the 30' CAMA buffer area in the ES AEC adjacent to the man-made canal system in Ocean Isle Beach. J RESTORATION NOT REQUIRED - CONTRACTOR RESTORATION NOT REQUIRED - PERMITTABLE DEVELOPMENT RESTORATION NOT REQUIRED - FURTHER IMPACTS RESTORATION PENDING RESTORATION REQUEST DATE COMPLETION DATE 11/11/2005 - RESTORATION EXTENDED RESTORE DATE El DEADLINE EXTENDED REFERRED TO AG'S OFFICE - INJUNCTION INJUNCTION DATE: F_ REFERRED TO AG'S OFFICE - COLLECTION COLLECTION REQUEST DATE: r— ASSESSMENT DATE PENALTY AMOUNT COLLECTION DATE AMOUNT COLLECTED ❑ PENALTY ISSUED I F— I WILLFUL & INTENTIONAL PENALTY MIN. OR DOUBLED) ❑ PENALTY NOT ISSUED I CNOV ISSUED CNOV DATE ❑ CONRACTOR'S FIRST OFFENSE I_) PENALTY APPEALED APPEAL DATE I FORMAL CPA ISSUED FORMAL CPA DATE _ I 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.) AMOUNT OF RESTORED AREA (SQ. FT) NOTES i ,I. 10, \.. �('.ril l I f..._`-„.:Ilr \. 7'�r ii11� �± _. _.._,i .,. .J � l.ly., tf' �--... .�.��1�'v •I 'T FILE MEM0RANDUM TO: ROY BROWNLOIN, CO1IIPLIANCE COORDINATOR FROM: M. TED TYNDALL, ASST. DIRECTOR SUBJECT: VIOLATION CASE CLOSURE RECOMMENDATIONS DATE: 02/01/2012 CC: RONDA BENNETT Investigation has disclosed information that warrants discontinuation of enforcement action on the case listed below. Therefore, based upon staffs review and circumstances in this case, I hereby authorize closing/discontinuing CAMA Violation case No.: a 5 _ 5q-P M. TED TYNDALL. Assistant Director 02/01/2012 Date f b R- CERTIFIED MAIL RETURN RECEIPT REQUESTED NOTICE OF VIOLATION October 28, 2005 tiOV 0 4 2005 A iov;,4'lead City DCM % Y/7� &4' Fisherman's Cove OIB, LLC c/o Mark Smith 5932 Tarleton Drive ! IUU Oak Ridge, NC 27310 RE. NOTICE OF VIOLATION AND REQUEST TO CEASE UNAUTHORIZED DEVELOPMENT CAMA MINOR VIOLATION #05-59D Dear Mr. Smith: This letter confirms that on October 27, 2005, Larry Cook, Town Building Inspector and I were onsite at your property located at 35 Laurinburg adjacent to Canal 23, in Ocean Isle Beach, Brunswick County, North Carolina. The purpose of the visit was to investigate unauthorized development of pouring of concrete within the 30' buffer of Canal 23. You have been informed previously by myself and Jim Gregson with the Division of Coastal Management to remove this concrete. Information gathered by the Local Permit Officer and/or the NC Division of Coastal Management shows that you have undertaken minor development in violation of the Coastal Area Management Act. 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. I have information that you have undertaken, or are legally responsible for, minor development by pouring approximately 100 square feet of concrete in the 30' buffer on the aforementioned property. This activity took place in Estuarine Shoreline AEC that is contiguous with Canal 23. Estuarine Shoreline areas are designated as Areas 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 OF OCEAN ISLE BEACH/THREE WEST THIRD STREET/OCEAN ISLE BEACH, NC 28469/(910) 579- Fisherman's Cove OIB, LLC October 28, 2005 Page 2 of 4 I request that you immediately CEASE AND DESIST any further development and contact me about this important matter. A civil assessment of up to $250 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 $250. An injunction or criminal penalty may also be sought to enforce any violation in accordance with N.C.G.S. 113A-126. It is the policy of the Coastal Resources Commission to assess a minimum civil penalty of $100.00 against all violations of this type. 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 affected and the extent of the damage to them. If restoration of the affected resources is requested, but is not undertaken or completed satisfactorily, a substantially higher civil penalty will be assessed and a court injunction will be sought ordering restoration. Based upon the North Carolina Administrative Code, Title 15A, Subchapter 07H. State Guidelines for Areas of Environmental Concern, the activity you have undertaken, pouring approximately 100 square feet of concrete inside the 30' buffer in the Estuarine Shoreline AEC(s), is not consistent with Section 15A NCAC 7H.0209(d)(10), which states, "Within the Coastal Shorelines category (estuarine and public trust shoreline AECs), new development shall be located a distance of 30 feet landward of the normal water level or normal high water level." Therefore, I am requesting that you remove the approximately 100 square feet of concrete. Please refer to the enclosed Restoration Agreement. If you intend to cooperate with my request, please sign one of the attached Restoration Agreements and return it to me in the enclosed, self-addressed envelope within ten (10) days of receipt of this letter. Failure to comply with this request or respond back to this office prior to the requested deadline with an acceptable schedule for compliance will be interpreted as a refusal to cooperate and will result 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 to assist you in complying with the requirements of these laws. A site inspection will be made in the immediate future to determine whether this REQUEST TO CEASE AND DESIST has been complied with. I request that you contact me immediately. It is my understanding that you are currently on the Coastal Resource Commission's November agenda for a variance for an open deck. If the concrete listed above and shown on the restoration agreement is not removed by November 10, 2005 you will be removed from the CRC's agenda. A site inspection will be done on the morning of November 11, 2005 to make sure this condition has been upheld. Fisherman's Cove OIB, LLC October 28, 2005 Page 3 of 4 Thank you for your time and cooperation in resolving this important matter. Upon completion of the restoration as requested in the Restoration Plan Agreement to the satisfaction of the Division of Coastal Management, you will be notified as to the amount of a civil assessment for undertaking development without first obtaining the proper permit(s). Sincerely, Justin W. Whiteside Local Permit Officer Cc: Ed Brooks, Minor Permit Coordinator, DCM Jim Gregson, District Manager, DCM Roy Brownlow, Compliance Coordinator, DCM Davis Orebaugh, Fisherman's Cove OIB, LLC Clarence Harris, Generation Builders Donna Wilson, Sloane Realty ENCLOSURE RESTORATION PLAN For Fisherman's Cove OIB, LLC CAMA Minor Violation #05-59D Property located at 35 Laurinburg Street, Brunswick County 100 sq.ft Concrete in 30' CAMA buffer. I, Mark Smith, agree to complete this restoration to the satisfaction of the Division of Coastal Management and/or the Local Permit Officer by November 10, 2005, or provide an explanation for non-compliance and a reasonable request for time extension. I also understand that if not completed by above stated date that I will be removed from the November 2005 CRC agenda. When corrective actions are complete, I will notify the Local Permit Officer so the work can be inspected. SIGNATURE: DATE: It is the policy of the Coastal Resources Commission to levy a minimum civil assessment of $100.00 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. North Carolina Elaine F- Marshall DEPARTMENT OF THE Secretary SECRETARY OF STATE PO Box 29622 Raleigh, NC 27626-0622 (919)807-2000 Corporations *Corporations Home *Important Notice •Corporate Forms/Fees eCorporations FAQ eTobacco Manufacturers •Dissolution Reports •Non -Profit Reports *Verify Certification *Online Annual Reports Links eSecretary Of State Home *Register for E-Procurement *Dept. of Revenue Legislation e1999 Senate Bills e2001 Bill Summaries *Annual Reports 1997 •Corporations 1997 *Other Legislation Search *By Corporate Name *For New Corporation eBy Registered Agent Online Orders *Start An Order *New Payment Procedures Contact Us *Corporations Division *Secretary of State's web site Print *Printable Page Date: 11 /4/2005 Click here to: View Document Filings I no- Print apre-populated Annual Report Form i File an Annual Report I Corporation Names Name Name Type NC Fisherman's Cove OIB, Legal LLC Limited Liability Company Information SOSID: FID: Status: Date Formed: Citizenship: State of Inc.: Duration: Registered Agent Agent Name: Registered Office Address: Registered Mailing Address Principal Office Address: Principal Mailing Address: 0762113 Current -Active 1 /19/2005 Domestic NC Perpetual Smith, Mark Anthony 5932 Tarleton Drive Oak Ridge NC 27310 5932 Tarleton Drive Oak Ridge NC 27310 No Address No Address For questions or comments about the North Carolina Secretary of State's web site, please send e-mail to Webmaster.