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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