14-15D Boggio

V
C4JA
NCDENR
North Carolina Department of Environment and Natural Resources
Pat McCrory John E. Skvarla, III
Governor Secretary
NOTICE OF VIOLATION
September 9, 2014
CERTIFIED MAIL 70110110 0000 9947 2482
RETURN RECEIPT REQUESTED
Mr. Michael Boggio
7316 Fisherman Creek Drive
Wilmington, NC 28411
RE: NOTICE OF VIOLATION AND REQUEST TO CEASE UNAUTHORIZED DEVELOPMENT
CAMA VIOLATION #14-15D
Dear Mr. Boggio:
This letter confirms that on August 26, 2014, Chad Coburn, Division of Water Resources, Emily Hughes, U.S. Army
Corps of Engineers and I met with you and Neil Taylor, Flora Landscapes, onsite at your property located at 7316
Fisherman Creek Drive (Lot 2R in Vantage Point) adjacent to Howe Creek located in or near Wilmington, off Covil
Farms Road, New Hanover County, North Carolina. The purpose of the visit was to investigate the unauthorized
placement of fill material within the 575 ft. Estuarine Shoreline Area and Section 404 federally regulated wetlands
adjacent to Howe Creek. This letter also confirms my August 20, 2014 site visit with Mrs. Boggio and Mr. Robb Mairs,
DCM Field Representative.
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.
I have information that indicates you have undertaken or are legally responsible for the placement of fill in an area
measuring approximately 156 ft. long by 110 ft. wide (-17,160 sq. ft.) on the aforementioned property. This activity
took place in the 575 ft. Estuarine Shoreline Area AEC that is contiguous with Howe Creek. The waters of Howe
Creek have been classified as Primary Nursery Area (PNA) by the Division of Marine Fisheries and this area of Howe
Creek is classified as Outstanding Resource Water (ORW) by the Environmental Management Commission (EMC).
Estuarine Shoreline areas are designated as Areas of Environmental Concern (AEC). No CAMA permit was issued to
you 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.
I request that you immediately CEASE AND DESIST any further development and contact me about this matter. A
civil assessment of up to $10,000 plus investigative costs 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 $10,000. An injunction or criminal penalty may also besought to enforce any violation in
accordance with N.C.G.S. 113A-126. iRECEM
SEP 1 1 2014
127 Cardinal Drive Ext., Wilmington, North Carolina 28405-3845
Phone: [phone] FAX: [phone] \ Intemet: www.nocoastalmanagement.net DCM-MHDCrrY
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Mr. Michael Boggio
September9, 2014
Page 2 of 3
It is the policy of the Coastal Resources Commission to assess a civil penalty 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. The amount assessed will depend upon several factors, including the nature
and area of the resources that were 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, placement of fill material in the 575 ft. Estuarine Shoreline
AEC, is not consistent with Section 15A NCAC 07J.0201 which states that every person or entity wishing to
undertake any development in an AEC shall obtain a permit from the Department. Therefore, I am requesting that
you provide written correspondence from the USACE and the Division of Water Resources regarding the
unauthorized placement of fill and complete any restoration that may be required. I have enclosed a copy of the
Jurisdictional Boundary Map for this property signed by a representative from the USACE on March 20, 2002
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 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 and whether the site has been stabilized. 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 [phone]. 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) and/or development that
is inconsistent with Coastal Resources Commission rules.
Sincerely,
Tara MacPherson
Coastal Management
Cc: Debra Wilson, District Manager, DCM
Roy Brownlow, Compliance Coordinator, DCM
Ken Vafier, LPO
Emily Hughes, USACE
Chad Coburn, DWR RECWW
ENCLOSURE rSEP 1 1 2014
DCM-MHDCrrY
127 Cardinal Drive Ext., Wilmington, North Carolina 28406-3845
Phone: [phone] FAX: [phone] Internet: www.nccoastalmanagement.net
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Mr. Michael Boggio
September 9, 2014
Page 3 of 3
RESTORATION PLAN
For
Mr. Michael Boggio Property
CAMA Violation No.14-15D
Property located at 7316 Fisherman Creek Road Lot 2R in Vantage Point), New Hanover County
1. Provide documentation from the U.S. Army Corp of Engineers (USAGE) stating that they have no objection
to the unauthorized fill that occurred at 7316 Fisherman Creek Road. If a statement of no objection cannot
be obtained and restoration is required, DCM will require a restoration acceptance letter from the USACE.
The USACE contact person is Ms. Emily Hughes [phone].
2. Provide documentation from the Division of Water Resources (DWR) stating that they have no objection to
the unauthorized fill that occurred at 7316 Fisherman Creek Road. If a statement of no objection cannot be
obtained and restoration is required, DCM will require a restoration acceptance letter DWR. The DWR
contact person is Mr. Chad Coburn [phone].
RECEtvw
v
SEP 11 2014
I, Mr. Michael Boggio, agree to complete this restoration to the satisfaction of the Division of Coastal Management
(DCM) by October 9, 2014, 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 assess a civil penalty plus investigative costs against all violations. The amount
assessed will depend upon several factors, including the nature and area of the resources that were affected and the extent of the damage to
them. 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 2840"845
Phone: [phone] FAX: [phone] Internet: www.ncooastaimanagement.net
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U.S. ARMY CORPS OF ENGINEERS
Wilmington District
Action Id. 200200565 County: New Hanover Quad: Scotts Hill
Notification of Jurisdictional Determination
Property owner: Wrangell Homes, Inc. Agent: Mitchell and Associates
Address: Attu: Ken Wrangell Attn: David Scibetta
7417 Fisherman Creek Drive 3973-B Market Street
Wilmington, NC 28411 Wilmington, NC 28403
Telephone: [phone] [phone]
Zone: 18 UTM: North: 3794267 East: 240512
Size and Location of Property (waterbody, Highway name/number, town, etc.): Approximately 0.8 acre located at 7417
Fisherman Creek Drive (lot 26R), east of Covil Farm Road, in Vantage Point Subdivision, adjacent to Howe Creek, in
Wilmington, New Hanover County, North Carolina.
Basis of Determination: There are wetlands on the site described above (see attached wetland data sheets) that are adjacent to
Howes Creek. Determination is based on information submitted by David Scibetta of Mitchell and Associates on March 1, 2002,
and a field visit by Angie Pennock on March 5, 2002.
Indicate which of the following apply:
There are wetlands on the above described property which we strongly suggest should be delineated and surveyed. The
surveyed wetland lines must be verified by our staff before the Corps will make a final jurisdictional determination on
your property.
Because of the size of your property and our present workload, our identification and delineation of your wetlands cannot
be accomplished in a timely manner. You may wish to employ a consultant to obtain a more timely delineation of the
wetlands. Once your consultant has flagged a wetland line on the property, Corps staff will review it, and, if it is accurate,
we strongly recommend that you have the line surveyed for final approval by the Corps. The Corps will not make a final
jurisdictional determination on your property without an approved survey.
X The wetlands, on Your lot have been delineated and the limits of Corps Jurisdiction have been explained to you.
There are no wetlands present on the above described property which are subject to the permit requirements of Section
404 of the Clean Water Act (33 USC 1344). Unless there is a change in the law or our published regulations, this
determination may be relied upon for a period not to exceed three years from the date of this notification.
F4
Placement of dredged or fill material in wetlands on this property without a Department of the Army permit
is in most cases a violation of Section 301 of the Clean Water Act (33 USC 1311). A permit is not required
for work on the property restricted entirely to existing high ground. If you have any questions regarding the
Corps of Engineers regulatory program, please contact Angie Pennock at (910) 2514611.
RECENSp
Property owner/Authorized Agent Signature Project Manager Signature
r;SEP 11 2014
Date March 20, 2002 Expiration Date March 20, 2007 DCM-MHD CITY
SURVEY PLAT OR FIELD SKETCH OF DESCRIBED PROPERTY AND THE WETLAND
DELINEATION FORM MUST BE ATTACHED TO THE FILE COPY OF THIS FORM.
CEMW Form 566

Applicant: Wrangell Homes, Inc. Fifile Nam ear: 200200565 Date: 03.20.02
Attached is:
See Section below
R TTIAL PROFFERED PERMIT (Standard Permit or Letter of permission)
A
PROFFERED PERMIT (Standard Permit or Letter of permission)
B
PERMIT DENIAL
C
X
APPROVED JURISDICTIONAL DETERMINATION D
PRELIMINARY JURISDICTIONAL DETERMINATION E
If A: INITIAL PROFFERED PERMIT: You may accept or object to the permit.
• ACCEPT: If you received a Standard Permit, you may sign the permit document and return it to the district engineer for fmal
authorization. If you received a Letter of Permission (LOP), you may accept the LOP and your work is authorized. Your
signature on the Standard Permit or acceptance of the LOP means that you accept the permit in its entirety, and waive all rights is
to appeal the permit, including its terms and conditions, and approved jurisdictional determinations associated with the pennit. is
• OBJECT: If you object to the permit (Standard or LOP) because of certain terms and conditions therein, you may request that
the permit be modified accordingly. You must complete Section II of this form and return the form to the district engineer.
Your objections must be received by the district engineer within 60 days of the date of this notice, or you will forfeit your right
to appeal the permit in the future. Upon receipt of your letter, the district engineer will evaluate your objections and may: (a)
modify the permit to address all of your concerns, (b) modify the permit to address some of your objections, or (c) not modify
the permit having determined that the permit should be issued as previously written. After evaluating your objections, the
district engineer will send you a proffered permit for your reconsideration, as indicated in Section B below.
B: PROFFERED PERMIT: You may accept or appeal the permit
• ACCEPT: If you received a Standard Pemut, you may sign the permit document and retain it to the district engineer for final
authorization. If you received a Letter of Permission (LOP), you may accept the LOP and your work is authorized. Your
signature on the Standard Permit or acceptance of the LOP means that you accept the permit in its entirety, and waive all rights
to appeal the permit, including its tames and conditions, and approved jurisdictional determinations associated with the permit.
40 APPEAL: If you choose to decline the proffered permit (Standard or LOP) because of certain terns and conditions therein, you
may appeal the declined permit under the Corps of Engineers Administrative Appeal Process by completing Section II of this
form and sending the form to the division engineer. This form must be received by the division engineer within 60 days of the
date of this notice.
C: PERMIT DENIAL: You may appeal the denial of a permit under the Carps of Engineers Administrative Appeal Process
by completing Section II of this form and sending the form to the division engineer. This. form must be received by the division
engineer within 60 days of the date of this notice.
D: APPROVED JURISDICTIONAL DETERMINATION: You may accept or appeal the approved JD or
provide new information.
• ACCEPT: You do not need to notify the Corps to accept an approved JD. Failure to notify the Corps within 60 days of the
date of this notice, means that you accept the approved JD in its entirety, and waive all rights to appeal the approved JD.
a APPEAL: If you disagree with the approved JD, you may appeal the approved JD under the Corps of Engineers Administrative
Appeal Process by: completing Section Li of this form and sending the form to the division engineer. This form must be received
by the division engineer within 60 days of the date of this notice.
E: PRELIMINARY JURISDICTIONAL DETERMINATION: You do not need to respond to the
regarding the preliminary JD. The Preliminary JD is not appealable. If you wish, you may reo
approved JD (which may be appealed), by contacting the Corps district for further instruction. so you may
11 20
provide new information for further consideration by the Corps to reevaluate the JD. SEP
lww
Tian-WD CITY
I

REASONS FOR APPEAL OR OBJECTIONS: (Describe your reasons for appealing the decision or your objections to an
initial proffered permit in clear concise statements. You may attach additional information to this form to clarify where your reasons
or objections are addressed in the administrative record.)
SEP 11
DCM-VM
record of the appeal conference or meeting, and any supplemental information that the review officer has determined is needed to
clarify the: administrative record. Neither the appellant nor the Corps may add new information or analyses to the record. However,
you may provide additional information to clarify the location of information that is already in theadministrative record.
process you may contact: also contact:
Nis. Angie Pennock Mr. Arthur Middleton, Administrative Appeal Review Officer
United States Army Corps of Engineers or (910) 251-46,11 CESAD-ET-CO-R
Wilmington District, Regulatory Division U.S. Army Corps of Engineers, South Atlantic Division
fig Darlington Avenue 60 Forsyth Street, Room 9M15
Wilmington, NC 28402-1890 Atlanta, Georgia 30303-8801
RIGHT OF ENTRY: Your signature below grants the right of entry to Corps of Engineers personnel, and any government
consultants, to conduct investigations of the project site during the course of the appeal process. You will be provideda 15 day
notice of any site investigation, and will have the opportunity to participate in all site investigations.
Signature of appellant or

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ACCORDING TO THE FEDERAL EMERGENCY MANAGEMENT
AGENCYS ROOD INSURANCE RATE MAP, COMMUNITY
PANEL NUMBER 370168 0045 E, DATED: 9-3-92.
AREA= 0.50 AC.*
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IMPERVIOUS AREA = 2,853 S.F.
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=158.06'
JURISDICTIONAL BOUNDARY MAP
EXCLUSIVELY FOR
1/Vf;ZANC:.,EILL S-f OM ff.`5, I NC.
LOT 26R VANTAGE POINT
1WS;gCORDED IN MAP BOOK ___, PAGE OF THE NEW HANOVER COUNTY REGISTRY
Q(t, '-"FIiARNETT TOWNSHIP NEW HANOVER COUNTY NORTH CAROLINA
O,U9-7 ftALE: 1' = 50' I j FEBRUARY 28, 2002
CKEEK
Ir RECETVW
SEP 11 2014
DCM-4MCPPY
is
ARNOLD W. CARSON, PLS PC
PRELIMINARY
c:...r
406 NORTH THIRD STREET
NOT FOR RECORDATION,
WILMINGTON, NC 28401
CONVEYANCES OR SALES
[phone]
PURPOSES.
150'

Rep.
Initial Discovery Date
Violation Dgpeription
ENFORCEMENT TRACKING REPORT
Prior
D/F
Istrr Violation Case No. - I
Permit No.El --.---
(if applicable)
Was activity
.. _11 .
Prior
Respondent Name(s) � I I t ' ^ -
Address i 1 V'1 SA Oil WM - _ V-fity ,..I(,.1�t. State �`
Violation Type: Project Type: Authorizations Required: Site Vsits Respondent Site visits Kesponaent
Present Present
.. No Permit Pdvate/Community Major CAM, Q
�. Permit Condition Govt./Public Minor D&F
Expired Permit Commercial General -
rl inconsistent W/ Rules Tier Level: 1 II 111
Violation Location and Site Descriptio
Project Location: County &ANI A/, -
Street Address/ State Road/ Lot #(s)
tl
Subdivision
City, L-,It ZIP._
Phone # O: River Basin
Adj. Wtr. Body nat/ an/unkn
Closest Maj. Wtr. Body
KesloratioD
NOV Date_
CNOV Date ^^
Penalty Assessment
— --- -----
Sent to Respondent Date
Rcvd. by Dist. Mgr. Date
Assessment Extended
Lab Long
t
Shoreline Length
SAM Not Sure Yes No
Sandbags: Not Sure Yeses No
/YAdjacent
OR ft
ORW: es/�es) No Adjacent
Crit. Hab.
Photos Y
Waiver Required Yes N
In DWQ Buffer Area Yes Nq ^
Specify DWQ Buffer it applicable:
Initial Req. Comp. Date I1� °► ..I �I
Date Comp. Observed
App:7PenniCFee --
Penalty
Willful/Intent.
Continuing
Investigative
SEP 1 1 2014
Yes No
RECEIVED
Extension Granted Yes No
Restoration Letter
Acceptance Date
7J.0409 Ref.
Recomm. Assess.
DCM Assess.
$
$
.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
Respondent not responsive to penalty/NOV
Injunction to complete restoration
Date Collection Letter Sent
Date Demand Letter Sent
Violation Activities and Impacts
J —?al
tS E PTS
UBA WA
AECs Affected:
CW EW PTA
OEA HHF IH
PWS: FC:
Other:
Restoration Required by the Respondent Yes No
Wetlands Impact Yes / o
SA DS CJ SY
SS SC SP IF
If yes, which types:
BF TY
BF 404
Dimensions in excess
of permit/ unauthorized activities
Dimensions to restore
Final dimensions
allowed
Actually restored
TU3 ! Po' S
�, ��. w1�'M...
Habitat DescnpF,on
-
Closing
Payment Received $ Date Date Case Closed

P"A PC6
KDEENR
North Carolina Department of Environment and Natural Resources
Pat McCrory John E. Skvada, III
Governor Secretary
November 3, 2014
Mr. Michael Boggio
c/o Mr. Don Quinn
Probe Resources, LLC
113 Oliver Fountain Road
Chinquapin, NC 28521
RE: RESTORATION DEADLINE EXTENSION
CAMA VIOLATION CASE NO.14.15D
Dear Mr. Quinn:
This letter confirms your extension request, on behalf of Mr. Michael Boggio, in reference to the October 9, 2014 time
limit for restoring the unauthorized placement of fill within the 575 ft. Estuarine Shoreline AEC that he is legally
responsible for adjacent to Howe Creek at property located at 7316 Fisherman Creek Drive in Wilmington NC New
Hanover County, North Carolina. Notice of Violation case number 14-15D was issued on September 9, 2014 for the
unauthorized work and requested restoration.
Based on the October 31, 2014 email correspondence from Ms. Emily Hughes with the U.S. Army Corps of
Engineers (USACE) and the circumstances surrounding this rase, your request to extend the restoration time limit is
approved in order to allow you additional time to comply with the requested restoration. The restoration time limit is
extended to December 1, 2014. The requested restoration must be performed to the satisfaction of the Division of
Coastal Management by the date indicated or provide an explanation for noncompliance and a reasonable request
for a time extension.
Thank you for your cooperation in resolving this important matter. If you have any questions about this or related
matters, please call me at [phone].
Sincerely,
Tara MacPherson
Coastal Management Representative
Cc: Debra Wilson PhD, District Manager, DCM
Roy Brownlow, Compliance Coordinator
Emily Hughes, USAGE
Chad Coburn, DWR
Ben Andrea, LPO
Mr. Michael Boggio, Property Owner
RECEIVED
NDv 0 0 n"
127 Cardinal Drive Ext., Wilmington, North Carolina 284053845
Phone: [phone] FAX: [phone]Internet: www.nccoastalmanagement.nel
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