05-16B Dark Wood Farms

rUMV05-16B
_.
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
1 September 2005
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TB — FRB
CERTIFIED MAIL 7003 3110 0002 0608 6559 MTT
RETURN RECIEPT REQUESTED
Dark Woods Farms
c/o Charles Gibbs
Post Office Box 39
Engelhard, North Carolina 27824
Dear Mr. Gibbs:
This letter confirms that on 22 August 2005 I was onsite property owned byBon-Ric L.L.P.
located off SR 1116 adjacent Lake Landing Canal (Grays Ditch), off Wysocking Bay Pamlico
Sound, near Engelhard in Hyde County, North Carolina. The purpose of this onsite inspection was to
investigate unauthorized grading on the aforementioned property.
Information gathered by me for the Division of Coastal Management indicates that as
contractor for Bon -Ric L.L.P., you have undertaken major development in violation of the Coastal
Area Management Act (LAMA).
No person may undertake major development in a designated Area of Environmental
Concern (AEC) without first obtaining a permit from the N.C. Department of Environment and
Natural Resources. This requirement is imposed by N. C. General Statute (herein abbreviated N. C.
G. S.)113A-118. Information I have indicates that you have undertaken, or are legally responsible
for the unauthorized grading of approximately ±85,500 ft2 of Estuarine Shoreline. Estuarine
Shoreline is defined in part, as the area extending landward from the normal water level along
Estuarine. Waters for a distance of 75'. Estuarine Shoreline is a designated Area of Environment
Concern (AECs) and no permit was issued to you for development in this area The grading of the
Estuarine Shoreline was part of a project that included the overall grading of y2.5 acres. Therefore,
I conclude that you are in 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 which 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
943 Washington Square Mall, Washington, North Caroline 278M
Phone: 252-946-Ml 1 FAX: 252-W8-0478 1 Intemet w .ncmestelmara entnell
%t�

Dark Woods Farms
C/O Charles Gibbs
7 September 2005
Page Two
It is the policy of the Coastal Resources Commission to levy a minimum civil assessment
of $350 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.
Based upon N. C. Administrative Code, 7K State Guidelines for Areas of Environmental
Concern, the grading activity you have undertaken within the Estuarine Shoreline is consistent with
Section .0209 and could have been permitted through the CAMA Major Permit process. I have
encouraged the Bon -Ric L.L.P. to contact Mrs. Allison Ward with the Division ofLandResources in
the Washington Regional Office, at (252) 948 -1857, reference further soil stabilization measures. I
have also encouraged the Bon -Ric L.L.P. to contact Mr. Kyle Barnes, [phone], reference the
Tar/Pamlico River Basin Buffer Rule requirements.
As a contractor if you continue to violate the Coastal Area Management Act, you should
consider yourself forewarned and expect a civil assessment to be levied against you consistent with
the NC Administrative Code, Subchapter t.0409(f)(F)(ii), adopted by the Coastal Resources
Commission on 23 March 1995.
Thank you for your time and cooperation in resolving this matter. If you have any questions
about this or related matters, please call me at [phone].
S�el if76c�
Steve I Trowell
Coastal Management Representative
Division of Coastal Management
Washington Regional Office
c: \ Ter y E. Moore — District Manager, Washington Office, DCM
ed Tyndall — Assistant Director, DCM
Roy Brownlow — Enforcement Coordinator, DCM
Pat McClain — Regional Engineer, Washington Regional Office, DLR
Kyle Bames — Division of Water Quality, Washington Regional Office

DCM ENFORCEMENT TRACCKING REPORT
Ilia Issuer
Field Rep. -e�c�- /�CiJ�� �� "- Violztinn Base No. [• s_
A(VC D
LPO
Violated Permit No.
LPJ (a applicable)
Violation Description
Initial Discovery Date I�y; Discovery Method
Violation Description .
Respondent
— City
Was activity
/ Yo
StateVc
Phone #
Fax #
Email
Violation Type:
Project Type:
Authorizations Required:
Site Visits Respondent
Site Visits Respondent
No Permit
ElPrivate/Community
Major 9 CAMA
„ Present
P3�1�„t
Present
El Permit Condition
❑ Govt/Public
❑
Minor ❑ D&F
n
❑
77
Expired Permit
Commercial
❑
General
❑
❑
❑ Inconsistent wl Rules
Violation Location and Site Description
Rover File
Project Location: County
Street Address/ State Road/ Lot #(s)��I�
City 4Oi /&V ZIP
Phone # (_) River Basin
Adj. Wtr. Body /
Closest Mai. Wtr. Body
Restoration ,�
NOV Date 0122S Initial Req. Comp. Date
CNOV Date Date Comp. Observed
Penalty Assessment
Sent to Respondent Date
Rcvd by DCM Date
Assessment Extended Yes No
Shoreline Length =U—LC_
SAV: Not Sure
Yes
No
Sandbags: Not Sure
Yes
No
PNA:
Yes
No Adjacent
ORW:
Yes
No Adjacent
Crlt. Hab.
Yes
No
Photos
Yes
No
Waiver Required
In DWQ Buffer Area
IS
IS
No
Specify DWQ Buffer if applicable:
t%fP
Extension Granted
Restoration Letter
Acceptance Date
Yes No
71.0409 Ref.
Recomm. Assess.
DCM Assess.
App./Permit Fee
$
$
Penalty
$
$
I Willful/intent I
s
$
Continuing
$
�$
Other I
$
$
Total

Formal Assessments, Appeals and Reductions _ Y�
Date Long Form Submitted Assessment Appealed, Yes No
Date Formal CPA Submitted
Final Assessment S nate Penalty modified
Attorney General's Office for Injunction or Formal Collection
Date sent to AG, ❑ Respondant not responsive to penalty/NOV ❑ Injunction to complete restoration
Date Collection Let. Sent Date Demand Let. Sent
Violation Activities and Impacts
AECs Affected: Wetlands Impacted? Yes / No If yes, which types:
CW EW PTA ES PTS
OEA HHF IH SA DS ci SY • )R LS TY
PWS: FC: SS SC SP IF BF 404
Other:
Restoration Required by the Respondent Yes / No
Dimensions In excess
of permit/ unauthorized activities
Dimensions to restore
Final dimensions
allowed
Actually restored
1 Developm t Activities
1
�
i
i
r
Habitat Description
Closing
Payment Received S Date Date Case Closed

05-16B
North Carolina Department of Environment and Natural- Resources
Division of Coastal Management
Michael F. Easley, Govemor Charles S. Jones, Director William G. Ross, Jr., Secretary
NOTICE OF VIOLATION
Al
1 September 2005
CERTIFIED MAIL 7003 3110 0002 0608 6559
RETURN RECIEPT REQUESTED
Dark Woods Farms
c/o Charles Gibbs
Post Office Box 39
Engelhard, North Carolina 27824
Dear Mr. Gibbs:
This letter confirms that on 22 August 2005 I was onsiteproperty owned by Bon -Ric L.L.P.
located off SR 1116 adjacent Lake Landing Canal (Grays Ditch), off Wysocking Bay Pamlico
Sound, near Engelhard in Hyde County, North Carolina. The purpose of this onsite inspection was to
investigate unauthorized grading on the aforementioned property.
Information gathered by me for the Division of Coastal Management indicates that as
contractor for Bon -Ric L.L.P., you have undertaken major development in violation of the Coastal
Area Management Act (LAMA).
No person may undertake major development in a designated Area of Environmental
Concern (AEC) without first obtaining a permit from the N.C. Department of Environment and
Natural Resources. This requirement is imposed by N. C. General Statute (herein abbreviated N. C.
G.,S.) 113A-118. Information I have indicates that you have undertaken, or are lei=_ally responsible
for the unauthorized grading of approximately ±85,500 ft2 of Estuarine Shoreline. Estuarine
Shoreline is defined in part, as the area extending landward from the normal water level along
Estuarine.Waters for a distance of 75': Estuarine Shoreline is a designated Area of Environment
Concern (AECs) and no permit was issued to you for development in this area. The grading of the
Estuarine Shoreline was part of a proj ect that included the overall grading of±2.5 acres. Therefore,
I conclude that you are in 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 which 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
943 Washington Square Mall, Washington, North Carolina 27889 I o CarOtim
Phone: [phone] FAX: [phone] Internet: www.ncuoastalmanaarnentnet/ J� llIQUif

Dark Woods Farms -
C/O Charles Gibbs
`1 September 2005
Page Two
V
It is the policy of the Coastal Resources Commission to levy a minimum civil assessment
of $350 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"
Based upon N. C. Administrative Code, 7K State Guidelines for Areas of Environmental
Concern, the grading activity you have undertaken writhin the Estuarine Shoreline is consistent with
Section .0209 and could have been permitted through the CAMA Major Permit process. I have
encouraged the Bon -Ric L.L.P. to contact Mrs. Allison Ward with the Division of Land Resources in
the Washington Regional Office, at [phone], reference further soil stabilization measures. I
have also encouraged the Bon -Ric L.L.P. to contact Mr. Kyle Barnes, [phone], reference the
Tar/Pamlico River Basin Buffer Rule requirements.
As a contractor if you continue to violate the Coastal Area Management Act, you should
consider yourself forewamed and expect a civil assessment to be levied against you consistent with
the NC Administrative Code, Subchapter 7J.0409(f)(F)(ii), adopted by the Coastal Resources
Commission on 23 March 1995.
Thank you for your time and cooperation in resolving this matter. If you have any questions
about this or related matters, please call me at [phone].
Sinc: el��G�2� 11
Steve J. Trowell
Coastal Management Representative
Division of Coastal Management
Washington Regional Office
c; Terry E. Moore — District Manager, Washington Office, DCM
\ Ted Tyndall — Assistant Director, DCM
oy Brownlow — Enforcement Coordinator, DCM
Pat McClain — Regional Engineer, Washington Regional Office, DLR
Kyle Barnes — Division of Water Quality, Washington Regional Office

20-Sep-05 NC DIVISION OF COASTAL MANAGEMENT ENFORCEMENT RECORD
'SSE STATUS CASE NUMBER LAST NAME
FIRST NAME BUSINESS NAME:
O PASE IS OPEN GIBBS ICHARLES DARK WOODS FARMS
Ct- CASE IS CLOSED
Previous Violations in Same AEC
NOV DATE CLOSURE DATE s �I---
Elapsed AFFLILIATION SECTOR � for Similar Activities
I 9/1/2005 F— 0 CONTRACTOR COMMERCIAL
MAILING ADDRESS CITY' STATE ZIP CODE PHONE NUMBER
POB 39 ENGELHARD [NC 27824- 1
PROPERTY ADDRESS COMMUNITY WATERBODY NEAREST ROAD
GODWIN PROPERTY ENGELHARD WYSOCKING BAY SR 1116
DISTRICT OFFICE COUNTY DCM REPRESENTATIVE LPO CONTACT
]WARD 1HYDE ITROWELL I
VIOLATION TYPE
AFFECTED AEC(S) Cw I EW PTA J. ES J PTS
MAJOR CAMA OEA HHFA IHA PWS NCRA
NATURE OF VIOLATION AEC DESCRIPTION
Unauthorized major development by grading and land disturbing activity of approximately 85,500 sq.ft. within the ES
AEC adjacent to Wysocking Bay, Pamlico Sound.
RESTORATION STATUS ----- ------- ----- -- -- -- RESTORATION REQUEST DATE COMPLETION DATE
RESTORATION NOT REQUIRED - CONTRACTOR
' RESTORATION EXTENDED RESTORE DATE
❑ RESTORATION NOT REQUIRED - PERMITTABLE DEVELOPMENT-_j DEADLINE
❑ RESTORATION NOT REQUIRED -FURTHER IMPACTS EXTENDED
RESTORATION PENDING '❑ REFERRED TO AG'S OFFICE - COLLECTION
REFERRED TO AG'S OFFICE - INJUNCTION
ASSESSMENT DATE PENALTY AMOUNT COLLECTION DATE AMOUNT COLLECTED
ENALTY STATUS I � �•—
PENALTY ISSUED 1
U PENALTY NOT ISSUED ❑ WILLFUL INTENTIONAL PENALTY (MIN. OR DOUBLED) ❑ CNOV ISSUED
iJl CONRACTOR'S FIRST OFFENSE ❑ SETTLED, AGREED UPON, OR STIPULATED PENALTY ❑ PENALTY APPEALED
I. _I UNCOLLECTIBLE PENALTY ❑ FORMAL CPA ISSUED
Violations Involving Adversely Impacted Resources
AMOUNT OF ADVERSELY DISTURBED AREA (SO. FT.) F—
AMOUNT OF RESTORED AREA (SO. FT) F—
NOTES
see related case no. 05-15B, Godwin, Rick of BonRic, LLP - property owner. Gibbs is contractor