15-10D Town of Carolina Beach

W-6
North Carolina
Pat McCrory
Governor
EGA
NCDETIR
Department of Environment and Natural Resources
Division of Coastal Management
July 12, 2015
Carolina Beach Land Holdings LLC
c/o Matt Murphy
1202 N. Lake Park Blvd, Suite A
Carolina Beach, NC 28428
New Amsterdam LLC
131 Union Street
Brooklyn, NY 11231
Donald R. van der Vaart
Secretary
RE: Closure Letter
Payment of Proposed Penalty for Violations of the Coastal Area Management Act,
Committed in New Hanover County
CAMA Violation #15-10D
'To: Carolina Beach Land Holdings LLC and New Amsterdam LLC
This letter will acknowledge receipt of your check #2008, in the amount of $200.00, for the
Notice of Violation dated July 2, 2015 that Robb Mairs, representative for the N.C. Division of
Coastal Management, issued to you for the unauthorized installation of amusement rides in the
Town of Carolina Beach, New Hanover County, North Carolina. The violation involved
unauthorized development within the Ocean Hazard AEC, which is an Area of Environmental
Concern designated by the Coastal Resources Commission. Once the amount is credited to the
Department of Environment and Natural Resources' account, this matter will be fully and
completely closed.
Thank you for your cooperation in resolving this violation. If you have any further questions
concerning this matter, please contact me at the Wilmington Regional Office, [phone].
SincerelPilson
ra D
strict Manager
RECEIVED
JUL 16 1015
127 Cardinal Drive Ext., Wilmington, North Carolina 28405-3845
Phone: [phone] FAX: [phone]Internet: www.nccoastalmanagement.net
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cc: Roy Brownlow, Compliance Coordinator
Robb Mairs, Coastal Management Representative, DCM
Jeremy Hardison, Local Permit Officer
127 Cardinal Drive Et., Wilmington, North Carolina 28405-3845
Phone: [phone] FAX: [phone] Internet: www.ncooastaimanagement.net
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North Carolina Department of Environment and Natural Resources
Division of Coastal Management
Pat McCrory
Governor
July 2, 2015
CERTIFIED MAIL 70110110 0000 9947 2369
RETURN RECEIPT REQUESTED
Carolina Beach Land Holdings LLC
C/o Matt Murphy
1202 North Lake Park Blvd Suite A
Carolina Beach, NC 28428
CERTIFIED MAIL 7011 0110 0000 9947 2376
RETURN RECEIPT REQUESTED
New Amsterdam LLC
131 Union Street
Brooklyn, NY 11231
RE: CAMAVIOLATION #15.10D
To: Carolina Beach Land Holdings LLC c% Mr. Murphy and New Amsterdam LLC
Donald R. van der Vaart
Secretary
This letter is in reference to the Notice of Violation dated June 22, 2015 that Jeremy Hardison, Local Permitting
Officer for the Town of Carolina Beach, issued to Carolina Beach Land Holdings LLC and New Amsterdam LLC
for the unauthorized installation of amusement rides at 1 Cape Fear Blvd, 5 Carolina Beach Ave N,100 Canal
Ddve, 102 Cape Fear Blvd and 111 Harper Ave adjacent to the Atlantic Ocean located in the Town of Carolina
Beach, New Hanover County, North Carolina. The violation involved unauthorized development within the Ocean
Hazard AEC, 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 $1,000 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 $200 is
appropriate for this violation. Carolina Beach Land Holdings LLC and New Amsterdam LLC 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, one of the responsible parties must: (1) sign one of the
attached copies of an "Agreement to Pay Civil Assessment;" (2) attach a check or money order for $200 made
payable to the North Carolina Department of Environment and Natural Resources
RECE
127 Cardinal Drive E#., Wilmington, North Carolina 28405-3M
Phone: [phone]FAX: 910-39"9641Internet: www.nocoastalmanagement.net JUL 0!
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Carolina Beach Land Holdings LLC c/o Matt Murphy
New Amsterdam LLC
July 2, 2105
Page Two
(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 a check in the Department's account,
both entities will receive a Notice of Compliance officially closing this enforcement action.
If a signed agreement and payment to this office is not received within ten (10) days, the Director of the Division
of Coastal Management will formally assess a civil penalty against Carolina Beach Land Holdings LLC and New
Amsterdam LLC. You will then have the opportunity to request a hearing on the penalty or request settlement 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 [phone].
Sincerely,
Debra Wilson
District Manager
Enclosures
Tm/Dw
cc: Roy Brownlow, Compliance Coordinator, DCM
Robb Mairs, Field Representative
Jeremy Hardison, Local Permit Officer
RECEIVED
JUL 07 2015
6%co-k4mo 4;4_"
127 Cardinal Drive Ext., Wilmington, North Carolina 28406-3645
Phone: [phone] FAX: [phone]Internet: www.ncooastaimanagement.net
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Dan Wilcox
Mayor
Sarah Frieda
Council Member
Steve Shuttleworth
Council Member
TOWN OF CAROLINA BEACH
1121 N. Lake Park Boulevard
Carolina Beach, North Carolina 28428
CERTIFIED MAIL
RETURN RECEIPT REQUESTED
Carolina Beach Land Holdings LLC
C/O Matt Murphy
1202 N Lake Park Blvd Suite A
Carolina Beach, NC 28428
New Amsterdam LLC
131 Union St
Brooklyn, NY 11231
M6
LeAnn Pierce
Mayor Pro Tem
Gary Doetsch
Council Member
Michael Cramer
Town Manager
RE: NOTICE OF VIOLATION AND REQUEST TO CEASE UNAUTHORIZED DEVELOPMENT
CAMA MINOR VIOLATION # 15.10D
Dear Mr. Murphy and The New Amsterdam LLC group:
This letter confirms that on June 15, 20151 was onsite at property located at 1 Cape Fear Blvd, 5 Carolina
Beach Ave N, 100 Canal Dr, 102 Cape Fear Blvd. and 111 Harper Ave adjacent to Atlantic Ocean located
in the Town of Carolina Beach, New Hanover County, North Carolina. The purpose of the visit was to
investigate the unauthorized installation of amusement rides within the Ocean Hazard Area of
Environmental Concern.
Information gathered by me shows that Carolina Beach Land Holdings LLC and New Amsterdam LLC have
undertaken minor development in violation of the Coastal Area Management Act. No person or entity may
undertake minor development in a designated Area of Environmental Concern without first obtaining aRECEIVED
permit from the North Carolina Department of Environment and Natural Resources, North Carolina Generj§L 0 8 1015
Statutes (N.C.G.S.) 11 3A-1 18.
xwna (X!
I have information that Carolina Beach Land Holdings LLC and New Amsterdam LLC have undertaken, or
are legally responsible for, minor development by installing temporary amusement rides on the
aforementioned property. This activity took place in the Ocean Hazard AEC that is contiguous with the
Atlantic Ocean. Ocean Hazard areas are designated as Areas of Environmental Concern (AEC). No permit
was issued 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

CAROLINA BEACH LAND HOLDINGS LLC
New Amsterdam LLC
6122/15
Page 2 of 2
I request that you immediately CEASE AND DESIST any further development and contact me about this
important matter. A civil assessment of up to $1,000 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 $1,000. An injunction or criminal penalty may also be sought to
enforce any violation in accordance with N.C.G.S. 113A-1 26.
It is the policy of the Coastal Resources Commission to levy a civil assessment not to exceed $1,000 plus
investigative costs 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
affected and the extent of the damage to them
Based upon the North Carolina Administrative Code, Title 15A, Subchapter 07H. State Guidelines for Areas
of Environmental Concern, the activity you have undertaken, locating amusement rides in the Ocean
Hazard AEC, appears consistent with Section 15A NCAC 07H .0309, as an allowable use which meets the
static line setback. Therefore, I am not requesting restoration at this time.
I request that you contact me immediately about this matter. The relevant statute and regulations are
available from this office, and I am willing to assist Carolina Beach Land Holdings LLC and New
Amsterdam LLC 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.
Upon submission of my enforcement report to the Division of Coastal Management, Carolina Beach Land
Holdings LLC and New Amsterdam LLC will be notified by the Division as to the amount of a civil
assessment for undertaking development without first obtaining the proper permit(s).
Sincerely,
Jeremy Hardison
Local Permit Officer
Cc: Debbie Wilson, District Manager, DCM
Roy Brownlow, Compliance and Enforcement Coordinator, DCM
Tara MacPherson, District Compliance and Enforcement Representative, DCM
RECEIVED
JUL 0 S 2015
6C"4 KP CAM

Send to:
Roy Brownlow, Compliance and Enforcement Coordinator, DCM
DCM Compliance and Enforcement Representative
LOCAL PERMIT OFFICER ENFORCEMENT REPORT FOR MINOR VIOLATIONS
CASE NO. (Obtain from DCM office): NOV # 15-100 PERMIT NO. (If Applicable):
LPO'S NAME: Jeremy Hardison LOCALITY: Town of Carolina Beach
COASTAL MANAGEMENT REPRESENTATIVE: Tara MacPherson
RESPONDENT'S NAME: Carolina Beach Land Holdings LLC MAILING ADDRESS:1202 N I aka
Park Blvd Suite A
CITY: Camlina Reach STATE -_NC— ZIP-98428 PHONE NO:45&.5605
COUNTY:New Hanover NEAREST/ADJACENT WATER BODY: Atlantic Ocean
PREVIOUS VIOLATIONS (CHECK LOCAL FILES AND CALL DCM OFFICE): NO AYES ❑
RESPONDENT'S NAME:NewAmsterdam LLC MAILING ADDRESS:131 Union St
CITY: Brooklyn STATE: NFL_ ZIP:11231 PHONE NO
COUNTY: NEAREST/ADJACENT WATER BODY: Atlantic Ocean
PREVIOUS VIOLATIONS (CHECK LOCAL FILES AND CALL DCM OFFICE): NO '■ !YES ❑
DATE OF ENFORCEMENT LETTER: 6/22/15
ADDRESS/LOCATION OF VIOIATION:1 Cape Fear Blvd 5 Carolina Reach Ave N. 100 Canal Dr.
109 Ca pe. Eegr Rlvd and 111 Harnar A va
VIOLATION DESCRIPTION: locating amusement rides in the Ocean Hazard AEC without a permit
VIOLATION TYPE: ❑ MINOR CAMA ❑ VIOLATION OF PERMIT RECEIVED
CONDITIONS/SPECIFICATIONS JUL 0 8 2015
STOP WORK ORDER (WORK IN PROGRESS)'
RESTORATION REQUIRED: DYES j
0, NO DATE REQUIRED FOR COMPLETION:
DATE RESTORATION COMPLETED - SITE INSPECTION DATE:
or PERMIT ISSUE DATE:
AEC TYPE: ESTUARINE SHORELINE PUBLIC TRUST SHORELINE
OCEAN ERODIBLE AREA IGH HAZARD FLOOD AREA
INLET HAZARD AREA NVEGETATED BEACH AREA
FOR DCM OFFICE USE ONLY

RECOMMENDED ASSESSMENT AMOUNT: $
DATE REPORT RECEIVED:
DATE OF ASSESSMENT LETTER:
AMOUNT RECEIVED:
REFERENCE: 7J. 0409
ASSESSED AMOUNT:
DATE PAYMENT RECEIVED:
CLOSURE DATE
WILLFUL AND INTENTIONAL PENALTY: (ATTACH DOCUMENTATION)
RECEIVED
JUL 0 81015
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