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HomeMy WebLinkAbout06-51D Bradley Creek Boatominium, Inc.A7�
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
January 3, 2007 � � �4
Bradley Creek Boatominium, Inc 1"AW 0 5 2007
Laurie B. Baldwin, Manager
PO Box 4867 Morehead City DCM
Wilmington, NC 28406
RE: Closure Letter: Bradley Creek Boatominium, Inc.
Payment of Proposed Penalty for Violations of the Coastal Area Management Act,
Committed in New Hanover County
CAMA Violation #06-51D
Dear Ms. Baldwin:
This letter will acknowledge receipt of your check #15157, dated December 20, 2006 in the amount of
$350.00. Once the amount 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 Wilmington office,
(910) 796-7266.
Sincerely,
Ir
Jam s H Gregson
Dis ' t anager
JHG/sks
cc: Ted Tyndall, Assistant Director
Roy Brownlow, Compliance Coordinator
WIRO File Copy
127 Cardinal Drive Extension, Wilmington, North Carolina 28405-3845
Phone: 910-796-7215\Fax: 910-395-3845 \ Internet: http://dcm2.enr.state.nc.us
An Equal Opportunity \ Affirmative Action Employer - 50% Recycled \10% Post Consumer Paper
Bradley Creek Boatominium, Inc.
C/o Laurie B. Baldwin, Marina Manager
December 8, 2006
Page 3 of 3 . .
CAMA VIOLATION 906.51 D
AGREEMENT TO PAY PROPOSED CIVIL ASSESSMENT
I understand that the staff ofthe Department of Environment and Natural Resources will propose the
assessment of a civil penalty in the amount of $350 against me for violation of the Coastal Area
Management Act, NCGS 113A-100 et sag, committed on or near my property located at 6338
Oleander Dr., adjacent to Bradley Creek, located in or near the City of Wilmington. 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 December 18, 2006, and agree to pay
the proposed civil assessment of $350.
DATE
SIGNATURE
PC
ADDRESS
i
qa -6so -off
TELEPHONE NUMBER
127 Cardinal Drive Ext., N7lmingtcn, Will Carolina 28405-3845
Phone: 910.796-72151FAX: 910.395.3984\Internet: vxnv.necoastalmanagement.net
An Equal Ooponunity1 ffirmallveAction Employer-50%Recycled%10%Post Consumer Paper
DCM E-NFORCEMENT TRACKING REPORT
Issuer Gb _SI
Field Rep. � 6-0� MAC r5 G Violation Base No.
A B C D
LPO C ,
Violated Permit No.- )01,-r-7
LPJ (if applicable)
Violation Description Was activity permittable? es / No
Initial Discovery Date ' I Discovery Method Or'5f le TSnp( pon
Violation Description ll ,,a fi+ cv � �/ 7Vmmoa Cnnd;-k'& PP^A4 IL
RespondentInformation Prior Violations in same AEC: Yes / No Case Number' -01
RespondentName(s) QNSCAOW (Landowner/Agent/Contractor)
Address - Rn 4glo'"7 City WdJn. State IJ-C- Zip - 2d40(2
Phone " 1I1O -OO2-,' Fax #gca_-_359�?r1s __
Email _
Violation Type: Project Type: Authorizations Required:
Site Visits , Respondent Site Visits Respondent
No Permit — PrivatelCammunity �ajor CAMA
Present
Present
�PermitCondition _ Govt.IPublic _ Minor _ D&F
06, -
Expired Permit — Commercial _ General
—`}� -----
-_
Inconsistent wl Rules
------- -- ----
- --
Violation Location and Site Description
Rover File
p�
Project Location: County LvPl�ti3OV_._-_ ------._,-.__
Shorelre Length
Street Address/ State Road/ Lot =(s) 6s;3 $ GJ_em_�y' f y1bL.
SAV: Not Sure Yes
No
$ancbaus: Not Sure Yes
No
PNA: Yes
No
Adjacent
Subdivision
CRW: Yes
No
Adjacent
City_W� ZIP_p fj_�U�D
Crit. iab. Yes
No
Phone # (LU ) _3SO-002,0I River Basin
Photos . Yes
No
Adj. Wtr. Body —��zj�fL (not fman /unkn
Waiver Required Yes
No
Closest Maj, Wtr. Body ATLAA,l
In DVJv Buffer Area Yes
No
Specify DWO Buffer if applicable:
Restoration
�D tit _� �� �, Extension Granted
�' I Comp. Date 1
Yes No
NOV Date Initial Req.
CNOV Date Date Comp. Observed �l _�
Restoration Letter
Ob Acceptance Date
(-c� O� '
Penalty Assessment 7J.0409 Ref. Recomm. Assess.
DCM Assess.
Sent to Respondent Date I t -1 j- of. App./Permit Fee . ,�
y.� (�c� 5 Z y
$
1' -4 cll' Penalty
s (pp ,
$ to Q
Rcvd. by Dist. Mgr. Date
Assessment Extended Yes Williulllntent.:s
'!.s
Continuing
Other
$
';$
Total 3J�:
3S Zj
06-Feb-07 NC DIVISION OF COASTAL MANAGEMENT ENFORCEMENT RECORD
. CASE STATUS CASE NUMBER LAST NAME
_ FIRST NAME BUSINESS NAME:
C) CASE IS OPEN I 06-51D BALDWIN I BRADLEY CREEK BOATOMINIUM
CASE IS CLOSED Previous Violations In Same
NOV DATE CLOSURE DATE Elapsed Days AFFLILIATION SECTOR for Similar /ACtiviti,
7/ 88/2006 LEGAL AGENT COMMERCIAL XLINK:
�— �— � � � Duplicate Record 96q
MAILING ADDRESS CITY STATE ZIP CODE PHONE NUMBER
POB 4867 WILMINGTON NC 28406- (910) 350-0029 Show Related Violations
PROPERTY ADDRESS COMMUNITY WATERBODY NEAREST ROAD
6338 OLEANDER DR IWILMINGTON IBRADLEY CREEK
DISTRICT OFFICE COUNTY DCM REPRESENTATIVE LPO CONTACT
WIRO NEW HANOVER IMAIRS INot Available
VIOLATION TYPE AFFECTED AEC(S) ❑ CW [Nj EW jai PTA -_j ES U PTS
�_—
MAJOR PERMIT CONDITION VIOLATION [JI OEA ❑ HHFA [_l IHA ,__ j PWS ❑ NCRA
NATURE OF VIOLATION AEC DESCRIPTION
Violation of terms and conditions of State Permit No. 106-75 by failing to install a permanent pump -out sewage
disposal facility at the authorized marina in accordance with permit conditions and terms.
RESTORATION STATUS RESTORATION REQUEST DATE COMPLETION DATE
RESTORATION REQUIRED 8/28/2006 11/9/2006
[] RESTORATION NOT REQUIRED - CONTRACTOR RESTORATION EXTENDED RESTORE DATE
DEADLINE
❑ RESTORATION NOT REQUIRED - PERMITTABLE DEVELOPMENT EXTENDED F_
❑ RESTORATION NOT REQUIRED - FURTHER IMPACTS ❑ REFERRED TO AG'S OFFICE - INJUNCTION
INJUNCTION REFER DATE:
El RESTORATION PENDING F_
❑REFERRED TO AG'S OFFICE -COLLECTION
COLLECTION REQUEST DATE: (—
ASSESSMENT DATE PENALTY AMOUNT COLLECTION DATE AMOUNT COLLECTED
PENALTY
12/8/2006 $350 1!3/2007 $350
El PENDINGSTATUS ❑ WILLFUL & INTENTIONAL PENALTY (MIN. OR DOUBLED)
41 PENALTYISSUED CNOV ISSUED CNOV DATE
(_] PENALTY NOT ISSUED ❑ PENALTY APPEALED APPEAL DATE
CONRACTOR'S FIRST OFFENSE ❑ FORMAL CPA ISSUED I FORMAL CPA DATE
❑ SETTLED. AGREED UPON. STIPULATED PENALTY [—SETTLEMENT DATE
L] UNCOLLECTIBLE PENALTY r—UNCOLLECTIBLE DETERMINATION DATE
Violations Involving Adversely Impacted Resources
AMOUNT OF ADVERSELY DISTURBED AREA (SO. FT.) F_
AMOUNT OF RESTORED AREA (SQ. FT)
NOTES
r�
LSB B
`! RTBB MTT
NCDENR
North Carolina Department of Environment and Natural KesouiLao
Division of Coastal Management
Michael F. Easley, Governor Charles S. Jones, Director William G. Ross Jr., Secretary
December 8, 2006
CERTIFIED MAIL 7004 2890 0002 3425 3078
RETURN RECEIPT REQUESTED
Bradley Creek Boatominium, Inc.
C/o Laurie B. Baldwin, Marina Manager
P.O. Box 4867
Wilmington, NC 28406
RE. CAMA VIOLATION # 06-51D
Dear Ms. Baldwin:
VDEC 1 3 2006 U
Morehead City DCM
This letter is in reference to the Notice of Violation dated July 28, 2006 that Robb Mairs, Field
Representative for the Division of Coastal Management, issued to you for violation of the terms or
conditions of State Permit No106-75, which was issued to Bradley Creek "66" Marina for marina
development within Bradley Creek, by the Coastal Resources Commission and the North Carolina
Department of Environment and Natural Resources, at your property located at 6338 Oleander
Drive, located in or near the City of Wilmington, New Hanover County, North Carolina. Based
upon the site visit conducted on November 9, 2006 by Robb Mairs, the restoration requested appears
to be complete to the satisfaction of the Division of Coastal Management.
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
$350 is appropriate for this violation. By accepting responsibility for the violation, and in order to
further resolve this matter, you must: (1) sign one of the attached copies of an "Agreement to Pay
Civil Assessment;" and, (2) return the signed agreement 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.
127 Cardinal Drive Ext., Wilmington, North Carolina 28405-3845
Phone: 910-796-7215 \ FAX: 910-395-3964 \ Internet: www.nccoastalmanagement.net
An Equal Opportunity \Affirmative Action Employer- 50% Recycled \ 10% Post Consumer Paper
Bradley Creek Boatominium, Inc.
C/o Laurie B. Baldwin, Marina Manager
December 8, 2006
Page 2 of 3
If you do not send a signed agreement and 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 (910) 796-7215.
Sin k� :0
o
4 A
Jim e on, District anager
Di�isr f Coastal Managemeni
Enclosure
cc: Roy Brownlow, Compliance Coordinator, DCM
Robb Mairs, Coastal Management Representative, DCM
127 Cardinal Drive Ext., Wilmington, North Carolina 284053845
Phone: 910-796-7215 \ FAX: 910-395-3964 \ Internet: www.nccoastaimanagement.net
An Equal Opportunity \Affirmative Action Employer— 50% Recycled 110% Post Consumer Paper
Bradley Creek Boatominium, Inc.
C/o Laurie B. Baldwin, Marina Manager
December 8, 2006
Page 3 of 3
CAMA VIOLATION #06-51 D
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 $350 against me for violation of the Coastal Area
Management Act, NCGS 113A-100 et seMc, committed on or near my property located at 6338
Oleander Dr., adjacent to Bradley Creek, located in or near the City of Wilmington. 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 December 18, 2006, and agree to pay
the proposed civil assessment of $350.
DATE
SIGNATURE
ADDRESS
TELEPHONE NL.'%IBER
127 Cardinal Drive Ext., Wilmington, North Carolina 28405-3845
Phone: 910-796-72151 FAX: 910-395-39641Internet: www.nccoastalmanagement.net
An Equal Opportunity 1 Affirmative Action Employer —50% Recycled 110% Post Consumer Paper
Kok
BRADLEY CREEK MARINA
August 18th, 2006
AUG 2 t >006
Morahead OW DCM
Robb Mairs
Coastal Management Field Representative
North Carolina Department of Environment and Natural Resources
Division of Coastal Management
127 Cardinal Drive Ext.
Wilmington, NC 28405-3845
Re: CAMA permit No. 106-75
Dear Robb:
Per our conversation yesterday and the terms and conditions of the above referenced
CAMA permit, this letter is to serve as notification that Bradley Creek Boatominium, Inc.
has posted the appropriate locked head policy signs, and has an operable pump -out
facility on site. We should now be in compliance with the requirements of the relevant
statutes and regulations. I appreciate your assistance with the specification approval for
the pump -out station and sign design. Please tell Justin Lewis "thanks" for his help as
well. If there is anything else that we need to do, please feel free to contact the marina
office at (910) 350-0029.
Sin rely, Q
Laurie B. Baldwin
Marina Manager
Cc: Ted Tyndall, Assistant Director, DCM
Jim Gregson, District Manager, DCM
Roy Brownlow, Compliance Coordinator, DCM
W,
1,)c1 1ir�
North Carolina
Michael F. Easley, Governor
NCDENR
Department of Environment at _
Division of Coastal Management
Charles S. Jones, Director
oss Jr., Secretary
NOTICE OF VIOLATION
July 28, 2007
CERTIFIED MAIL 7005 0390 0001 3200 3034
RETURN RECEIPT REQUESTED
Bradley Creek Boatominium, Inc.
C/o. Glasgow Hicks Jr.
P.O. Box 4867
Wilmington, NC 28406
�
AUG p
Mor�h�aa City
oor I
RE:VIOLATION(S) OF CAMA MAJOR DEVELOPMENT PERMIT NO. 106.75
CAMA VIOLATION #06-51 D
Dear Mr. Hicks:
This letter confirms that on July 27, 2006, Justin Lewis and I were onsite at your property located at 6338
Oleander Drive, Wilmington, 28403 adjacent to Bradley Creek located off U.S. 76, New Hanover County,
North Carolina. The purpose of the visit was to monitor the permitted development of marina activity in
regards to a pump out system within the Bradley Creek water body.
Information gathered by me for the NC Division of Coastal Management shows that you have violated the
terms or conditions of State Permit No. 106-75 which was issued to you by the Coastal Resources
Commission and the North Carolina Department of Environment and Natural Resources. I hereby request
that you immediately CEASE AND DESIST such violation(s) and comply with the terms and conditions of
the above permit.
On June 12, 1975, State Permit No. 106-75 was issued to Bradley Creek "66" Marina for Marina
development activity within Bradley Creek on property located in New Hanover County, North Carolina, off
US 76. State permit number 106-75 was renewed and transferred to Bradley Creek Boatorrinium on
February 27, 1981, modified June 17, 1981, renewed January 31, 1985, renewed February 10, 1988,
renewed February 1, 1991, January 19, 1996, modified March 31, 1997, and renewed February 5, 2001.
These permits were issued for a CAMA Major Development in an Area of Environmental Concern, in
accordance with North Carolina General Statutes (N.C.G.S.) 113A-118. These permits included the
following terms and conditions(s):
1. A pumpout facility will be installed and maintained to service boats withholding tanks.
2. The marina shall prominently post and enforce a locked -head policy for boats without
holding tanks.
127 Cardinal Drive Ext., Wilmington, North Carolina 28405-3845
Phone: (910) 796-72151 FAX: 910-350-20041Internet: www.nccoastalmanagement.net
An Equal opportunity 1 Affirmative Action Employer— 50% Recycled 110% Post Consumer Paper
Mr. Hicks �
July 28, 2006
Page 2 of 2
For the following reasons, you are in violation of the above terms and conditions(s) of your permit:
The July 7, 2006 inspection revealed that a pump -out facility has not been installed.
If the terms and conditions of a permit are not complied with, the permit is null and void from the date of its
issuance. To comply with the terms and condition(s) of the permit issued to you, you must:
Install a pump -out sewage disposal facility at the marina. The pump -out system must be
installed, operable, and maintained for the life of the marina. Signs must be posted showing the
location of the nearest/on-site pump -out facility, including other appropriate waste disposal
information, e.g., "no sewage discharge policy" at the entrance and exit from the main pier(s).
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.
A civil penalty of up to Twenty -Five Hundred Dollars ($2500) may be assessed, or an injunction or criminal
penalty may be sought against any person who violates a CAMA Major Development permit. It is the policy
of the Coastal Resources Commission to assess a minimum civil penalty of Five Hundred Dollars ($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
will depend on several factors, including the nature and area of the resources that were 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 (N.C.G.S.113A-126).
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.
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 (910) 796-7215. 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 failure to act in accordance with the terms, conditions,
orequirements of such permit.
Robb Mairs,
Coastal Management Field Representative
Cc: Ted Tyndall, Assistant Director, DCM
Jim Gregson, District Manager, DCM
Roy Brownlow, Compliance Coordinator, DCM
Laurie Baldwin, Marina Manager, Bradley Creek Boatominuim Inc.
127 Cardinal Drive Ext., Wilmington, North Carolina 28405-3845
Phone: (910) 796-72151 FAX: 910-350-20041Internet: www.nccoastalmanagement.net
An Equal Opportunity 1 Affirmative Action Employer— 50% Recycled 110% Post Consumer Paper
Mr. Hicks
July 28, 2006
Page 3 of 3
RESTORATION PLAN
For
Bradley Creek Boatominium Inc. c/o Glasgow Hicks Jr. Property
CAMA Violation No. 06-51 D
Property located at 6338 Oleander Drive, New Hanover County
Install a permanent pump -out sewage disposal facility at the marina. The pump -out system must be
installed, operable, and maintained for the life of the marina. Signs must be posted showing the
location of the nearestlon-site pump -out facility, including other appropriate waste disposal
information, e.g., "no sewage discharge policy" at the entrance and exit from the main pigr(s).
I, Mr. Hicks, agree to comply with the described restorations in the above statement.
I agree to complete this restoration to the satisfaction of the Division of Coastal Management (DCM) by
August 28, 2006, or provide an explanation for non-compliance and a reasonable request for time
extension. When corrective actions are complete, I will notify the DCM so the work can be inspected.
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.
127 Cardinal Drive Ext., Wilmington, North Carolina 28405-3845
Phone: (910) 796-72151 FAX: 910-350-20041 Internet: www.nccoastalmanagement.net
An Equal.Opportunity 1 Affirmative Action Employer= 50% Recycled 110% Post Consumer Paper
DCM ENFORCEMENT TRACKING REPORT
- Issuer
Field Rep. F01- mo+ r.
L
.
LPO h
GIM
LPJ
Violation Base No. 6& S 1
A B C D
G, Violated Permit No. ID--7 S
(if applicable)
Violation Description Was activity permittable? es / No
Initial Discovery Date ' Discovery Method OA:S, te rmn f- a.1
Violation Description al:VA t, r l� 4 Pvm pt,!i P&M {.
Respondent Information �I• Prior Violations in same AEC: Yes I No Case `Nurnber`` -01'
Respondent Name(s) . �ct54aw H ail , .lf. (Landowner/Agent/Contractor)
Address ,P o. &K 4gfl City State .: C• Zip �-640b
Phone". rl10 Fax # ._G3(P_=ASP _ROS2--
Email
Violation Type:
Project Type:
Authorizations Required:
Site Visits Respondent Site Visits Respondent
No Permit
Private/Community
r-:,i
�ajor 4 i CAMA
Present Present
—
Permit Condition
_i Govt./Public ..
Minor '[_ D&F—
—
--
ExpiredPermit
Commercial
— General
Inconsistent w/ Rules
---- --- - - - --
Violation Location and Site Description
R Fl
Project Location: County_,__ t JLtr
Street Address/ State Road/ Lot #(s), fp33fj CUIe {t'i 'Mine
Subdivision
City
Phone # (` w-) _350-W12 1 River Basin
Adj. Wtr. Body _ 1p��i( (Pat /man funk
Closest Maj. Wtr. Body J--ZL h/
Restoration
NOV Date
CNOV Date ..
Penalty Assessment
Sent to Respondent Date
Rcvd. by Dist. Mgr. Date
Assessment Extended Yes No
Initial Req. Comp. Date
Date Comp. Observed..
over ie
Shoreline Length__-
SAV:. Not Sure
Yes
No
Sandbags: Not Sure
Yes
No
PNA:
Yes
No Adjacent
ORW:
Yes
No Adjacent
Crit. Hab.
Yes
No
Photos
Yes
No
Waiver Required
Yes
No
In DWQ Buffer Area
Yes
No
Specify DWQBuffer if applicable:
Extension Granted Yes No
Restoration Letter
Acceptance Date
-i
7J.0409 Ref. '!
Recomm. Assess.
I DCM Assess. I
i
App./Permit Fee
is
is
Penalty
is
$
Willfulllntent.
$
$
Continuing
�'i $
i $
Other
$
Is
i
Total
r
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, 2007
CERTIFIED MAIL 7005 0390 0001 3200 3034
Bradley Creek Boatominium, Inc.
C/o. Glasgow Hicks Jr.
P.O. Box 4867
Wilmington, NC 28406
Our, 0 2 Z01 id
06
pVloro�o�� City pCM
RE:VIOLATION(S) OF CAMA MAJOR DEVELOPMENT PERMIT NO. 106.75
CAMA VIOLATION #06.51 D
Dear Mr. Hicks:
This letter confirms that on July 27, 2006, Justin Lewis and I were onsite at your property located at 6338
Oleander Drive, Wilmington, 28403 adjacent to Bradley Creek located off U.S. 76, New Hanover County,
North Carolina. The purpose of the visit was to monitor the permitted development of marina activity in
regards to a pump out system within the Bradley Creek water body.
Information gathered by me for the NC Division of Coastal Management shows that you have violated the
terms or conditions of State Permit No. 106-75 which was issued to you by the Coastal Resources
Commission and the North Carolina Department of Environment and Natural Resources. I hereby request
that you immediately CEASE AND DESIST such violation(s) and comply with the terms and conditions of
the above permit.
On June 12, 1975, State Permit No. 106-75 was issued to Bradley Creek "66" Marina for Marina
development activity within Bradley Creek on property located in New Hanover County, North Carolina, off
US 76. State permit number 106-75 was renewed and transferred to Bradley Creek Boatominium on
February 27, 1981, modified June 17, 1981, renewed January 31, 1985, renewed February 10, 1988,
renewed February 1, 1991, January 19, 1996, modified March 31, 1997, and renewed February 5, 2001.
These permits were issued for a CAMA Major Development in an Area of Environmental Concern, in
accordance with North Carolina General Statutes (N.C.G.S.) 113A-118. These permits included the
following terms and conditions(s):
1. A pumpout facility will be installed and maintained to service boats withholding tanks.
2. The marina shall prominently post and enforce a locked -head policy for boats without
holding tanks.
127 Cardinal Drive Ext., Wilmington, North Carolina 28405-3845
Phone: (910) 796-72151 FAX: 910-350-20041 Internet: www.nccoastalmanagement.net
An Equal Opportunity 1 Affirmative Action Employer-50% Recycled 110% Post Consumer Paper
Mr. Hicks
July 28, 2006
Page 2 of 2
For the following reasons, you are in violation of the above terms and conditions(s) of your permit:
The July 7, 2006 inspection revealed that a pump -out facility has not been installed.
If the terms and conditions of a permit are not complied with, the permit is null and void from the date of its
issuance. To comply with the terms and condition(s) of the permit issued to you, you must:
Install a pump -out sewage disposal facility at the marina. The pump -out system must be
installed, operable, and maintained for the life of the marina. Signs must be posted showing the
location of the nearestlon-site pump -out facility, including other appropriate waste disposal
information, e.g., "no sewage discharge policy" at the entrance and exit from the main pier(s).
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.
A civil penalty of up to Twenty -Five Hundred Dollars ($2500) may be assessed, or an injunction or criminal
penalty may be sought against any person who violates a CAMA Major Development permit. It is the policy
of the Coastal Resources Commission to assess a minimum civil penalty of Five Hundred Dollars ($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
will depend on several factors, including the nature and area of the resources that were 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
soughtordering restoration (N.C.G.S. 113A-126).
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.
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 (910) 796-7215. 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 failure to act in accordance with the terms, conditions,
orequirements of such permit.
Robb Mairs,
Coastal Management Field Representative
Cc: Ted Tyndall, Assistant Director, DCM
Jim Gregson, District Manager, DCM
Roy Brownlow, Compliance Coordinator, DCM
Laurie Baldwin, Marina Manager, Bradley Creek Boatominuim Inc.
127 Cardinal Drive Ext., Wilmington, North Carolina 28405-3845
Phone: (910) 796-72151 FAX: 910-350-20041 Internet: www.nccoastalmanagement.net
An Equal Opportunity 1 Affirmative Action Employer— 50% Recycled 110% Post Consumer Paper
r Mr. Hicks
July 28, 2006
Page 3 of 3
RESTORATION PLAN
For
Bradley Creek Boatominium Inc. c/o Glasgow Hicks Jr. Property
CAMA Violation No. 06-51 D
Property located at 6338 Oleander Drive, New Hanover County
Install a permanent pump -out sewage disposal facility at the marina. The pump -out system must be
installed, operable, and maintained for the life of the marina. Signs must be posted showing the
location of the nearestlon-site pump -out facility, including other appropriate waste disposal
information, e.g., "no sewage discharge policy" at the entrance and exit from the main pier(s).
I, Mr. Hicks, agree to comply with the described restorations in the above statement.
I agree to complete this restoration to the satisfaction of the Division of Coastal Management (DCM) by
August 28, 2006, or provide an explanation for non-compliance and a reasonable request for time
extension. When corrective actions are complete, I will notify the DCM so the work can be inspected.
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.
127 Cardinal Drive Ext., Wilmington, North Carolina 28405-3845
Phone: (910) 796-72151 FAX: 910-350-20041 Internet: www.nccoastalmanagement.net
An Equal Opportunity 1 Affirmative Action Employer-50% Recycled 110% Post Consumer Paper
^. J
t
DCM ENFORCEMENT
F0� M�r-s El Issuer
Field Rep. G
LPO C
LPJ
TRACKING REPORT
Violation Base No. (56 `sj
A B C D
Violated Permit No, (DLi'-7 S
(ir applicable)
Violation Description _ Was .activity permittable? es / No
Initial Discovery Date Discovery Method OA le rnS�ar {Con
Violation Description Fa(;ve k c�f �ymm r6^CV-6un /AUK,f.
Respondent Information Prior Violations in same AEC: Yes / No Case Number..` -01
Respondent Names) QAS ,,) l4cUS Ar. (Landowner/Agent/Contractor)
Address Ro . City W 17a___ State.^%C• Zip D-840b
Phone Fax#
Email
Violation Type:
Project Type:
Authorizations Required:
Site Visits Respondent Site Visits Respondent
No Permit
'Private/Qommunity
• ;�
Major - CAMA
Present Present
Permit Condition
Govt./Public
_
Minor (_ D&F
�--'
_
-.)-1
_ Expired Permit
..._ Commercial
General
Inconsistent wl Rules
— -- -- - --
Violation Location and Site Description
Rover File --
Project Location: County_..%"rlAtr
Shoreline Length
Street Address/ State Road/ Lot #(s) 1,7 big&d-Qi t,,d
SAV: Not Sure
Yes
No
Sandbags: Not Sure
Yes
No
Subdivision
PNA:
Yes
No Adjacent
City ZIP �840ly
Yes
No Adjacent
__wltm _-
Ut.
Crit. Hat,
Yes
No
Phone # (%0—) .3.S0-W0,01 River Basin.
Photos
Yes
No
Adj. Wtr. Body - &A, Cagt! fnat /man /unk
Waiver Required
Yes
No
Closes[ Maj. W[r. Body 4yul'n1
In DWQ Buffer Area
Yes
No
Specify DWQ Buffer if applicable:
_
Restoration
NOV Date
CNOV Date .._
Penalty Assessment
Sent to Respondent Date
Rcvd. by Dist. Mgr. Date
Assessment Extended Yes No
Initial Req. Comp. Date
Date Comp. Observed
Extension Granted Yes No
Restoration Letter
Acceptance Date
7J.040g Ref.
Recomm. Assess. 1
UUM Assess. 1
App./Permit Fee ,
is
is
Penalty
is
1 $
f Willful/Intent.
j $
is
i Continuing
is
$
Other
$
is
i
Total
i
30-Aug-06 NC DIVISION OF COASTAL MANAGEMENT ENFORCEMENT RECORD
[CASE STATUS CASE NUMBER LAST NAME
FIRST NAME BUSINESS NAME:
c�. CASE IS OPEN I 8e, HICKS, JR. IBRADLEY CREEK BOATOMINIUM
C-) CASE IS CLOSED ( Previous Violations in Same
AEC for Similar Activities
NOV DATE CLOSURE DATE Elapsed Days AFFLILIATION SECTOR -
F— F LEGAL AGENT COMMERCIAL
MAILING ADDRESS
CITY STATE
ZIP CODE PHONE NUMBER
POB 4867
WILMINGTON NC
28406-
PROPERTY ADDRESS
COMMUNITY
WATERBODY NEAREST ROAD
6338 OLEANDER DR
IWILMINGTON
IBRADLEY CREEK F
DISTRICT OFFICE COUNTY DCM REPRESENTATIVE LPO CONTACT
WIRO NEW HANOVER IMAIRS
VIOLATION TYPE AFFECTED AEC(S) ❑ CW k EW © PTA ❑ ES ❑ PTS
MAJOR PERMIT CONDITION VIOLATION ❑ OEA ❑ HHFA ❑ IHA ❑ PWS ❑ NCRA
NATURE OF VIOLATION AEC DESCRIPTION
Violation of terms and conditions of State Permit No. 106-75 by failing to install a permanent pump -Out sewage
disposal facility at the authorized marina in accordance with permit conditions and terms.
RESTORATION STATUS
1 '.RESTORATION REQUIRED
❑ RESTORATION NOT REQUIRED - CONTRACTOR
Lj RESTORATION NOT REQUIRED - PERMITTABLE DEVELOPMENT
RESTORATION NOT REQUIRED - FURTHER IMPACTS
❑ RESTORATION PENDING
RESTORATION REQUEST DATE COMPLETION DATE
8/28/2006 1
RESTORATION EXTENDED RESTORE DATE
DEADLINE
EXTENDED
❑ t: - Sol
INJUNCTION REFER DATE:
❑ ,t TO AG'S OFFICE - COLLEC W,
COLLECTION REQUEST DATE: I
TY STATUS ASSESSMENT DATE PENALTY AMOUNT COLLECTION DATE AMOUNT COLLECTED
PENALI F_ F_ F_
❑ PENALTY ISSUED
t-� WILLFUL &INTENTIONAL PENALTY (MIN. OR DOUBLED)
❑ PENALTY NOT ISSUED ❑ CNOV ISSUED F_CNOV DATE
L I CONRACTOR'S FIRST OFFENSE ❑ PENALTY APPEALED APPEAL DATE
❑ FORMAL CPA ISSUED FORMAL CPA DATE
SETTLED. AGREED UPON, STIPULATED PENALTY SETTLEMENT DATE
❑ UNCOLLECTIBLE PENALTY F—UNCOLLECTIBLE DETERMINATION DATE
Violations involving Adversely lnnpac
AMOUNT OF ADVERSELY DISTURBED AREA (SQ. FT.)
AMOUNT OF RESTORED AREA (SQ. FT)
NOTES