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05-09A Teach's Lair Development Company
12-Oct-05 NC DIVISION OF COASTAL MANAGEMENT ENFORCEMENT RECORD CASE STATUS CASE NUMBER LAST NAME —) FIRST NAME BUSINESS NAME: 7709A PALEV NOAH ITEACKS LAIR MARINA • CASE IS CLOSED Previous Violations in Same ❑ AEC for Similar Activities NOV DATE CLOSURE DATE Elapsed Days AFFLILIATION SECTOR 4/21/200' I i Sg 1PROPERTY OWNER COMMERCIAL MAILING ADDRESS CITY STATE ZIP CODE PHONE NUMBER POR 25C HATTERAS NC 27943- (252) 986-2841 PROPERTYADDRESS COMMUNITY WATERBODY NEAREST ROAD TEACH'S LAIR MARINA HATTERAS JPAMLICO SOUND DISTRICT OFFICE COUNTY DCM REPRESENTATIVE LPO CONTACT ECDO DARE JENNINGS 1 ;.` VIOLATION TYPE AFFECTEDAEC(S) CW J EW V PTA J ES PTS _. MAJOR PERMIT CONDITION VIOLATION AND DEEDS CPA HHFA IHA PW S NCRA NATURE OF VIOLATION AEC DESCRIPTION )rized major development by placing unconfined fill material over existing riprap creating a berm and ing high ground development on a parking lot and building construction while State Permit No. 117-01 had with no renewal for the project. RESTORATION STATUS J RESTORATION NOT REQUIRED - CONTRACTOR RESTORATION NOT REQUIRED- PERMITTABLE DEVELOPMENT RESTORATION NOT REQUIRED -FURTHER IMPACTS RESTORATION PENDING RESTORATION REQUEST DATE COMPLETION DATE 5/21 / 0005 972005 RESTORATION EXTENDED RESTORE DATE Lj DEADLINE EXTENDED REFERRED TO AG'S OFFICE - INJUNCTION INJUNCTION DATE: r— L._I REFERRED TO AG'S OFFICE - COLLECTION COLLECTION REQUEST DATE: I ASSESSMENT DATE PENALTYAMOUNT COLLECTION DATE AMOUNTCOLLECTED r [PENALTY STATUS; I - --- 9/12/2005 5500 9/23/2005 5500 V PENALTY ISSUED I L _; WILLFUL & INTENTIONAL PENALTY (MIN. OR DOUBLED) ❑ PENALTY NOT ISSUED [ J CNOV ISSUED CNOV DATE ❑ CONRACTOR'S FIRST OFFENSE I L7 PENALTY APPEALED APPEAL DATE - ❑ FORMAL CPA ISSUED F—FORMAL CPA DATE �1 SETTLED. AGREED UPON. STIPULATED PENALTY r—SETTLEMENT DATE UNCOLLECTIBLE PENALTY I UNCOLLECTIBLE DATE Violations Involving Adversely Impacted Resources AMOUNT OF ADVERSELY DISTURBED AREA (SQ. FT.) �— AMOUNT OF RESTORED AREA (SO. FT) NOTES 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 23, 2005 ,WLSB �2B fL RB MTT Mr. Noah Paley Teach's Lair Development Company P.O. Box 506 Hatteras, NC 27943 RE: Payment of Proposed Penalty for Violations of the Coastal Area Management Act, Dare County, CAMA Violation #05-09A Dear Mr. Paley: This letter will acknowledge receipt of Teach's Lair Development Company's Check #1531 in the amount of $500, and dated 09/22/05. 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 Elizabeth City office at 252-264-3901. Sincerely, ed S pson District Manager TS:yc cc: Ted Tyndall, Assistant Director, DCM, Morehead City Roy Brownlow, Compliance Coordinator, DCM, Morehead City Frank Jennings, Coastal Management Representative, DCM, Elizabeth City 1367 U.S. 17 South, Elizabeth City, North Carolina 27909 Phone: 252.264.3901 1 FAX: 252-264-37231 Internet: www.nccoastalmanagement.net An Equal Opportunity 1 Affirmative Action Employer- 30% Recycled by Fiber Weight P.O. Box 506 r TL. T ,.,...71��,,„�/'1� T'� Hatteras North Carolina 27943 C`adfsL 1 evebply ent CDnww,� � Phone: 252-986-9910 1 ✓ Fax: 252-986-9949 E-mail: npaley@mindspring.com September 22, 2005 Ted Sampson District Manager NCDENR 1367 U.S. 17 South Elizabeth City, NC 27909 Re: CAMA Violation #05-09A Dear Mr. Sampson: 'SEP 2 . 20U5 COASTA.. N.` NAC17MENT EL',,,,,,... SIT! Enclosed is Teach's Lair Development's check in the amount of $500, along with the signed Agreement to Pay Proposed Civil Assessment Please note that although your letter is dated September 12, 2005, we only just received the letter in our office on Tuesday, the 20u'; please make a note that the updated mailing address for Teach's Lair Development Company is P.O. Box 506; mail addressed to Box 250 needs be sorted out and redirected to my attention. In addition, last week's mandatory evacuation for "Ophelia" interrupted our normal mail routine. I trust that our response to your letter will be considered timely. Thank you. Very truly yours, TeacYs Lair Development Company, LLC Susan Paley, Administrative Assistant Cc: Roy Kingery, Bill Kingery �1 d AEi- 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 12, 2005 P.4 CERTIFIED MAIL RETURN RECEIPT REQUESTED Mr. Noah Paley Teach's Lair Marina P.O. Box 250 Hatteras, NC 27943 RE: CAMA VIOLATION#05-09A Dear Mr. Paley: This letter is in reference to the Notice of Violation dated April 21, 2005 that Frank Jennings, representative for the Division of Coastal Management, issued to you for unauthorized placement of unconfined fill material over existing riprap on property located near NC 12 in Hatteras Village, Dare County. The.violation involved the Public Trust Area (PTA), Estuarine Waters (EW) and Estuarine Shoreline (ES), which are Areas of Environmental Concern (AEC) designated by the Coastal Resources Commission. Based upon the site visit conducted on September 1, 2005 by John Cece, the restoration requested appears to be complete to the satisfaction of 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 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 Resources Commission, a proposed civil penalty in the amount of $500 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 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. 1367 U.S. 17 South, Elizabeth City, North Carolina 27909 Phone: 252-264-39011 FAX: 252-264-37231 Internet: www.necoastalmanagement.net An Equal Opportunity 1 Affirmative Action Employer- 50% Recycled 110% Post Consumer Paper Noah Paley Teach's Lair Marina September 12, 2005 Page 2 of 2 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 (DCM) 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) 264-3901. Sincerely, 'Ted Se'mpson District Manager TS/yc Enclosures cc: Ted Tyndall, Assistant Director, DCM, Morehead City CRoy Brownlow, Compliance Coordinator, DCM, Morehead City Frank Jennings, Coastal Management Representative, DCM, Elizabeth City Noah Paley 1 Teach's Lair Marina September 12, 2005 Page 3 of 3 CAMA VIOLATION #05.09A 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 $500 against me for violation of the Coastal Area Management Act, NCGS 113A-100 et sec , committed on my property located near NC 12 in Hatteras Village, Dare 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 April 21, 2005 and agree to pay the proposed civil assessment of $500. DATE SIGNATURE ADDRESS TELEPHONE NUMBER B B ©r•� TB RB MTT 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 9, 2005 Mr. Noah Paley Teach's Lair Marina P.O. Box 250 Hatteras, NC 27943 RE:RESTORATION ACCEPTANCE — CAMA VIOLATION #05.09A Dear Mr. Paley: This letter is in reference to the Notice of Violation #05-09A sent to you dated April 21, 2005 for the unauthorized placement of unconfined fill material over existing riprap within the Public Trust Area (PTA), Estuarine Waters (EW) and Estuarine Shoreline (ES) Areas of Environmental Concern in or near the Pamlico Sound. The violation took place on your property located in or near Hatteras Village off of NC 12 in Dare County, North Carolina. This unauthorized activity constituted development and you were requested to restore the area of unauthorized fill. In accordance with the North Carolina Administrative Code, Title 15A, Subchapter 7J.0410, any violation involving development which is inconsistent wife guidelines for development within Areas of Environmental Concern (AEC) must be corrected by restoring the project site to pre -development conditions to recover lost resources or to prevent further resource damage. John Cece, field representative for the Division of Coastal Management (DCM), conducted a site visit at the aforementioned property on Thursday, September 1, 2005 to inspect the restoration of the unauthorized activity addressed in the Notice of Violation 05-09A. Based on this inspection, it appears the restoration is accomplished to the satisfaction of this Division. Upon my submission of an enforcement report, you will be notified as to the amount of the civil penalty for undertaking this unauthorized activity within an Area of Environmental concern. Thank you for your attention and cooperation in this matter. If you have any questions pertaining to this matter, please feel free to call me at 252-264-3901. Sincerely, �� q Frank A. Jennings, IlI Coastal Management Representative FAJlybc cc: Ted Sampson, District Manager, DCM, Elizabeth City Roy Brownlow, Compliance Coordinator, DCM, Morehead City 1367 U.S. 17 South, Elizabeth City, North Carolina 27909 Phone: 252-264-3901 1 FAX: 252-264-37231 Internet: www.nccoastalmanagement.net An Equal Opportunity 1 Affirmative Action Employer— 30% Recycled by Fiber Weight 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 April 21, 2005 CERTIFIED MAIL RETURN RECEIPT REQUESTED Mr, Noah Paley Teach's Lair Marina P.O. Box 250 Hatteras, NC 27943 RE:NOTICE OF VIOLATION AND REQUEST TO CEASE UNAUTHORIZED DEVELOPMENT CAMA VIOLATION #05-09A Dear Mr. Paley: This letter confirms that on April 20, 2005, Mr. Tim Midgett, partner of Teach's Lair Marina, and I met onsite at your property located adjacent to the Hatteras Landing Subdivision adjacent to the Pamlico Sound located in or near Hatteras Village, off NC 12, Dare County, North Carolina. The purpose of the visit was to investigate unauthorized placement of unconfined fill material over existing riprap within the Pamlico Sound, This letter also confirms my telephone conversation with you on April 20th prior to my onsite meeting. 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.)113A-118. 1 have information that indicates you have undertaken or are legally responsible for placing unconfined fill material over existing riprap creating a berm approximately 220 feet long, 15 feet wide, and 5 feet high on the aforementioned property. This activity took place in the Public Trust Area, Estuarine Waters and Estuarine Shoreline that are contiguous with the Pamlico Sound. Public Trust Area, Estuarine Waters and Estuarine Shoreline areas are designated as Areas of Environmental Concern (AEC). No CAMA permit was issued to you for work in this area. CAMA Major Permit #117-01 was issued to Teach's Lair Marina on 10/21/01 for renovation and reconfiguration of the existing marina, with an expiration date of 12131/04. Our records indicate that no renewal has been issued for this project. Work is continuing at the site with building construction and parking lot improvements that are partially located within the Estuarine Shoreline AEC. 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. 1367 U.S. 17 South, Elizabeth City, North Carolina 27909 Phone: 252-264.39011 FAX: 252-264.37231 Internet: www.nocoastaimanagement.net An Equal Opportunity 1 Affirmative Action Employer- 30% Recycled by Fiber Weight Teach's Lair Marina CAMA VIOLATION #05-09A April 21, 2005 Page 2 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. 11 3A-1 26). 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. 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 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 Act 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 07H. State Guidelines for Areas of Environmental Concern, the activity you have undertaken, unauthorized placement of unconfined fill material over existing riprap within the Pamlico Sound in the Public Trust Area, Estuarine Waters and Estuarine Shoreline AECs, is not consistent with Section .1105(d) which says that riprap shall be free from loose dirt or any other pollutant, and with 07J.0201, which requires a CAMA permit for work in an AEC. Therefore, I am requesting that you make full restoration as described in the enclosed Restoration Plan. The enclosed Restoration Plan describes the action necessary to bring this project into compliance with the Act. 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 near future to determine whether this REQUEST TO CEASE AND DESIST has been complied with. I request that you contact me immediately. Teach's Lair Marina CAMA VIOLATION 005-09A April 21, 2005 Page 3 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 252-264-3901. 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 the civil assessment for undertaking development without first obtaining the proper permit(s). Sincerely, Frank A. Jennings, III Coastal Management Representative FAJlybc cc: Ted Tyndall, Assistant Director, DCM, Morehead City Ted Sampson, District Manager, DCM, Elizabeth City Roy Brownlow, Compliance Coordinator, DCM, Morehead City Pat McClain, Division of Land Quality, Washington ENCLOSURE CAMA VIOLATION #05-09A April 21, 2005 Page 4 RESTORATION PLAN For Teach's Lair Marina Property located adjacent to the Hatteras Landing Subdivision adjacent to the Pamlico Sound located in or near Hatteras Village, off NC 12, Dare County I?/}mtL tev Soce.c n- N�LA ' • _ A 1 bjz,, FS7.4T-4 S u71D urrraie,zeb r icL 4 lvw cl QILI I Brl5/rU 'kJ b✓ 1, k?Qsi t;xJ Kk�si I, Noah Paley, on behalf of Teach's Lair Marina, partnership, agree to full restoration as described above. I agree to complete this restoration to the satisfaction of the Division of Coastal Management by May 21, 2005, or provide an explanation for non-compliance and a reasonable request for time extension. SIGNATURE: DATE: It is the policy of the Coastal Resources Commission to levy a minimum civil assessment $500 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. DCM ENFORCEMENT TRACKING REPORT _ Issuer F�� C"S - IS( Violation Base No, Field Rep. A B C D LPO 114AEA J S � Violated Permit No, LPJ (aapplicable) , Was activity permittable? Yes Violation Description / Initial Discovery Date q IV es' DiscoveryMethod NaT/ Fl f ld 13 07 � r esr A / ✓r 5 r � k. tp��l o Violation Description 60CWLe tur�•liVLf ; ld��`" ` ' �L�p•ot'r G�I✓/��!?q,� /! 7 -o -,nr,�a•,�.n ", A/1n,v"W42A riu AMT-eldlj4c COAL—�XIS7-rrUry,� /tl"-F aleeA-i r6s Respondent Information Prior Violations in same AEC: Yes! No __...,._.._. .. RespondentName(s) TGrtGl4 S Lg)+it !v7/4iplA9i4 (Landowner/Agent/Contractor). Address $aX vZSD City %A!7Tz2 'T�- State Nc ZIP o2�.y`� 3 Phone # S a y b" E - `� > Fax # Email Violation Type: Project Type: AuthorizationsRequired: Site Visits Respondent site Visits Present Respondent Present ❑ No Permit ❑ Private/Community ® Major CAMA „ /• ® J !Ar4 Ay, d - 4 ❑ . ® Permit Condition ❑ Govt.IPublic El Minor ® D&F —— ❑ ❑ ❑ Expired Permit 10 Commercial ❑General ❑ ❑ Rr Inconsistent wl Rules Violation Location and Site Description Rover File EO.aa / Project Location: County A AIQ L' Cou rv7Y Shoreline Length Street Address/ State Road/ Lot #(s) A� C I SAV: Not Sure Yes No Sandbags: Not Sure Yes No _ PNA: Yes No Adjacent Subdivision---u J�� 1 1 y' /dIP ORW. Yes Crit. Hab. Yes No No Adjacent City >=GL� � River Basin_M"7�4�u0Ti Photos Yes No vv—Phone # (_) , �f}INCf CO S" ei E aC'Iinap1Unk11— Waiver Required Yes No No Adj. Wtr. Body In DWQ Buffer Area Yes Closest Maj. Wtr. Body 5 tNNN. Specify DWQ Buffer if applicable: Restoration Extension Granted Yes No NOV Date Initial Req. Comp. Date CNOV Date _ Date Comp. Observed __--- 1 71.0409 Ref. Penalty Assessment _ App./Permit Fee Sent to Respondent Date — i Penalty Rcvd by DCM Date - Willful/Intent. _L Assessment Extended Yes No ( Continuing Restoration Letter Acceptance Date Recomm. Assess. I DCM Assess. -1 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, ❑ 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'/®° If yes, which types: CW ® 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 V No Dimensions In excess of permit/ unauthorized activities Dimensions to restore _ Final dimensions allowed Actually restored Development Activities 33c r> 5 ,ter o S A=4- J'-' 1 _ Habitat Description 4 i_ Closing Payment Received $_—__—_—._Date_—___— Date Case Closed 02-May-05 NC DIVISION OF COASTAL MANAGEMENT ENFORCEMENT RECORD CASE STATUS CASE NUMBER LAST NAME FIRST NAME BUSINESS NAME: • CASE IS OPEN 4 05-09A PALEY NOAHA TEACH'S LAIR MARINA CASE IS CLOSED 11 NOV DATE CLOSURE DATE AFFLILIATION SECTOR Previous Violations in Same AEC PROPERTY OWNE COMMERCIAL ❑ for Similar Activities 4/21I2005 F_ MAILING ADDRESS CITY STATE ROB 250 1HATTERAS NC PROPERTY ADDRESS COMMUNITY TEACH'S LAIR MARINA 1HATTERAS ZIP CODE PHONE NUMBER 27943- (252) 986-2841 WATERBODY NEAREST ROAD PAMLICO SOUND HWY 12 DISTRICT OFFICE COUNTY DCM REPRESENTATIVE LPO CONTACT ECDO DARE 1JENNINGS VIOLATION TYPE ❑ CW ❑d EW PTA [/I ES ❑ PTS MAJOR PERMIT CONDITION VIOLATION AND DRIED❑ OEA ❑ HHFA ❑ IHA -1 PWS ❑ NCRA NATURE OF VIOLATION AEC DESCRIPTION lautnorizea major oevelopment Dy placing unconnnea TIII material over existing rlprap creating a Derm ana �rforming high ground development on a parking lot and building construction while State Permit No. 117-01 had :pired with no renewal for the project. RESTORATION STATUS RESTORATION REQUEST DATE COMPLETION DATE I/ RESTORATION NOT REQUIRED - CONTRACTOR I RESTORATION NOT REQUIRED - PERMITTABLE DEVELOPMENT ❑ RESTORATION NOT REQUIRED -FURTHER IMPACTS [1 RESTORATION PENDING PENALTY STATUS - - ----- PENALTYISSUED ❑ PENALTY NOT ISSUED I ❑ CONRACTOR'S FIRST OFFENSE 5/21/2005 RESTORATION EXTENDED RESTORE DATE l❑ DEADLINE ��� EXTENDED I __. REFERRED TO AG'S OFFICE OLLECTION !`J REFERRED TO AG'S OFFICE - INJUNCTION ASSESSMENT DATE PENALTY AMOUNT COLLECTION DATE AMOUNT COLLECTED WILLFUL INTENTIONAL PENALTY (MIN. OR DOUBLED) �_, CNOV ISSUED SETTLED, AGREED UPON, OR STIPULATED PENALTY ❑ PENALTY APPEALED UNCOLLECTIBLE PENALTY Violations Involving Adversely Impacted Resources AMOUNT OF ADVERSELY DISTURBED AREA (SO. FT.) AMOUNT OF RESTORED AREA (SQ. FT) F_ NOTES [-J FORMAL CPA ISSUED 20-Sep-05 NC DIVISION OF COASTAL MANAGEMENT ENFORCEMENT RECORD CASE STATUS - CASE NUMBER LAST NAME FIRST NAME BUSINESS NAME: 0 05-09A PALEY NOAH TEACH'S LAIR MARINA CASE IS CLOSED Previous Violations in Same AEC NOV DATE CLOSURE DATE Elapsed Days AFFLILIATION SECTOR- for Similar Activities 4/21/2005 152 PROPERTY OWNE COMMERCIAL MAILING ADDRESS CITY STATE ZIP CODE PHONE NUMBER P08 250 HATTERAS NC 27943- (252)986-2841 PROPERTY ADDRESS COMMUNITY WATERBODY NEAREST ROAD TEACH'S LAIR MARINA 1HATTERAS PAMLICO SOUND HWY 12 DISTRICT OFFICE COUNTY DCM REPRESENTATIVE LPO CONTACT ECDO DARE 1JENNINGS �— AFFECT�EDAECS� CW J'EW VIOLATION TYPE ( ) MAJOR PERMIT CONDITION VIOLATION AND DRED _ OEA HHFA NATURE OF VIOLATION AEC DESCRIPTION J PTA dI ES PTS IHA PWS NCRA Unauthorized major development by placing unconfined fill material over existing riprap creating a berm and performing high ground development on a parking lot and building construction while State Permit No. 117-01 had expired with no renewal for the project. r RESTORATION NOT REQUIRED RESTORATION NOT REQUIRED RESTORATION NOT REQUIRED RESTORATION PENDING PENALTY STATUS ,N,, PENALTY ISSUED _j PENALTY NOT ISSUED ❑ CONRACTOR'S FIRST OFFENSE CONTRACTOR PERMITTABLE DEVELOPMENT FURTHERIMPACTS RESTORATION REQUEST DATE COMPLETION DATE 5/21/2005 1 9/1/2005 RESTORATION EXTENDED RESTORE DATE DEADLINE F— EXTENDED ,-1 REFERRED TO AG'S OFFICE - COLLECTION ._. [l, REFERRED TO AG'S OFFICE - INJUNCTION ASSESSMENT DATE PENALTY AMOUNT COLLECTION DATE AMOUNT COLLECTED 9/12/2005 1 $500 I �+ WILLFUL INTENTIONAL PENALTY (MIN. OR DOUBLED) L_I CNOV ISSUED SETTLED, AGREED UPON, OR STIPULATED PENALTY PENALTY APPEALED UNCOLLECTIBLE PENALTY Violations Involving Adversely Impacted Resources AMOUNT OF ADVERSELY DISTURBED AREA (SO. FT.) I AMOUNT OF RESTORED AREA (SO. FT) F— NOTES I FORMAL CPA ISSUED