16-20D Schooledfield

Coastal Management
ENVIRONMENTAL QUALITY
NOTICE OF VIOLATION
July 5, 2016
CERTIFIED MAIL 70112000 0002 2768 8196
RETURN RECEIPT REQUESTED
Mr. James Schoolfield
130 Beagle Trail
Wilmington, NC 28409
We;,
PAT MCCRORY
amemor
DONALD R. VAN DER VAART
Secremry
BRAXTON DAVIS
Director
RE: NOTICE OF VIOLATION AND REQUEST TO CEASE UNAUTHORIZED DEVELOPMENT
CAMA VIOLATION#16-20D
Dear Mr. Schoolfield:
This letter confirms that on June 17, 2016, Christian Preziosi, Land Management Group, Chad Coburn, NC Division of
Water Resources, John Policarpo, US Army Corps of Engineers, and I met with you onsite at your property located at
130 Beagle Trail adjacent to Shinn Creek and the Atlantic Intracoastal Waterway (AIWW) located in or near Wilmington,
off Old Military Road, New Hanover County, North Carolina. The purpose of the visit was to investigate unauthorized
coastal wetland excavation within Shinn Creek.
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 Environmental Quality. 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 trenching a 45 linear ft. area of
coastal wetlands to a depth of approximately-1 ft. creating a drainage channel ranging from 1 ft. to 3 ft. wide (avg. 90
sq. ft.) on the aforementioned property. This activity took place in Coastal Wetland Areas that are contiguous with
Shinn Creek and the AIWW. The affected coastal wetland areas contain Spartina altemiflora (Salt Marsh Cordgrass),
Juncus roemerianus (Black Needlerush), Limonium sp.(Sea Lavender) and Salicomia sp. (Glasswort). Coastal Wetland
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 and the State's Dredge and Fill Law.
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 be sought to enforce any violation in
accordance with N.C.G.S.113A-126.
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
RECEIVED
JUL 11 2016
State of North Carolina I Environmental Quality I Coastal Management
127 Cardinal Drive 5a., Wilmington, NC 28405 D C M - M H D CITY
910-796-7215

MU. Johri Schoolfield
July 5, 2016
Page Two
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.
You are also in violation of the State's Dredge and Fill Law which requires a permit from the North Carolina Department
of Environment and Natural Resources before undertaking any excavating or filling in any estuarine waters, tidelands,
marshlands, or state-owned lakes pursuant to N.C.G.S. 113-229. Therefore, I also request that you immediately
CEASE AND DESIST such unauthorized activity and contact me about this matter as well. Violations of the State's
Dredge and Fill Act may be enforced by a criminal penalty or a civil action for damages or an injunction in accordance
with N.C.G.S.113-229.
Based upon the North Carolina Administrative Code, Title 15A, Subchapter 07H. State Guidelines for Areas of
Environmental Concern, the activity you have undertaken, excavation of coastal wetlands to create a drainage channel
in the Coastal Wetland AECs, is not consistent with Section .0205d Use Standards for Coastal Wetlands which states:
Highest priority of use is allocated to the conservation of existing coastal wetlands. Second priority
of coastal wetland use is given to those types of development activities that require water access and
cannot function elsewhere.
Therefore, I am requesting that the impacted coastal wetland area be restored to pre -development conditions and the
altered substrate be restored to the same elevation as the immediately adjacent natural grade. 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 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.
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 about these important
matters.
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.
Coastal Management
Cc: Debra Wilson, District Manager, DCM
Roy Brownlow, Compliance Coordinator, DCM
John Policarpo, USACE RECEIVED
Chad Coburn, DWR
Ben Andrea, LPO J U L 11 2016
Christian Preziosi, Land Management Group
DCM- MHD CITY

RESTORATION PLAN
For
John Schoolfield Property
CAMA Violation No.16-20D
Property located at 130 Beagle Trail, New Hanover County
1. Restore approximately 90 square feet of impacted Coastal Wetlands to its pre -development condition and restore to the same
elevation as the immediately adjacent natural grade.
Restore 90 sq. ft. area of impacted wetlands to pre -
development conditions. Restore the altered substrate to
same elevation as the immediately adjacent natural grade.
I, John Schoolfield, agree to complete this restoration to the satisfaction of the Division of Coastal Management (DCM) by August 5,
2016, 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.
RECEIVED
SIGNATURE:
JUL ] 1 2016
DATE: CM- MHD CITY
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.

M ENFORCEMENT TRACKING REPORT yy yy
1
Issuer
Rep. Violation Case No.
r\❑7(/
dia Rep. T Pernt No.
❑ -
Violation Description I g o was vity, permittable? Yes
Initial Discovery Date 0 �l�( I ( 0 DiscoveryMethod rf �/ _i 1, j (, /j /��,� t Lq Ell Yam) 11�,f
Respondent n rma for or DIF a Ions: a for e
m Respondent Nae(s) ` l r .` (_ nd r/Agen ntractor)
�.. !_L
Address t L "GEC' j L� itCit
Y V �4`�i �'1 State i t
Phone # Fax #Email
Corporate Name & Registered agent
Violation Type: Project Type: Authorizations Required: Site Visits Respondent Site Visits Respondent
No Permit ly Private/Community Major Cp rNq tt nn Present Present
Permit Condition Govt/Public Mnor D&F W nG ❑
Expired Perrot Commercial Q General
EJ inconsistent w/Rules Tier Level: 1 11 Ill
Violation Location and Site Description
Project Location: County �L1fln►��Y ��
Street Address/ State Road/ Lot #(s)
Subdivision
city
ZIP
Phone # ( _) River Basin
Adj. WV. Body ( (n 'man /unin)
ciosestMej.Wt.Body
NOV Date fir') I 111'
Initial Req. Comp. Date
CNOV Date
Date Conp. Observed
Penalty Assessment
Sent to Respondent Date
App./FLrrrt
Penalty
Rcvd. by Dist. Mgr. Date
AssessnentExtended Yes
No Willfuylntent
Continuing
RECEIVED
Investigative
in 112016
Lat/Long +/—
Shoreline Length
SAV: Not Sure Yes Nol
Sandbags. Not Sure Y o
PNA: Ye No Adjacent
ORW: Yes No Adjacent
Cril. Hab. Yes
Photos Yes
Waiver Required Yes No
In DVVQ BufferArea Yes No
Specify DWQ Buffer if applicable
Extension Granted Yes %
Restoration Letter
Acceptance Date
7J.0409 Ref.
Reconm. Assess.
DCM Assess.
$ 3-0
$
Is
Is
Total

Formal Assessments, Appeals and Reductions
Date Long Form Submitted AssessmentAppealed: Yes No
Date Formal CPA Submitted
Penalty modified
Final Assessment$ Date
Attorney General's Office for Injunction or Formal Collection
Date sent to AG
Date Collection Letter Sent
Violation ActKities and Impacts
ABCs Affgmted:
IEWVV
PTA ES
EA HHF IH UBA
PWS: FC:_
Restoration Required by the Respondent
Respondent not responsive to penalty/NOV Injunction to complete restoration
Date Demand Letter Sent
Wetlands hrpactedAZ_asd'No
PTS
N/A 'SA- DS. CJ SY
SS SC SP IF
Yes/No
If yes, w hichtypes:
JR ;� LS % TY
4 4
Dimensions in excess
ofpermit/ unauthorized activities
Dimensionsto restore
Final dimensions
allowed
Actually restored
Development Activifies
Y
Habitat Description
NOTES
JUL 11 2016
Closing
Payment Received$ Date Date Case Closed

Coastal Management
ENVIRONMENTAL QUALITY
August 3, 2016
Mr. James Schoolfield
130 Beagle Trail
Wilmington, NC 28409
RE: RESTORATION ACCEPTANCE — CAMA VIOLATION #16-20D
Dear Mr. Schoolfield:
PAT MCCRORY
Governor
DONALD R. VAN DER VAART
Secretary
BRAXTON DAVIS
Director
This letter is in reference to the Notice of Violation # 16-20D sent to you dated July 5, 2016 for the unauthorized coastal
wetland excavation in the Coastal Wetland Area of Environmental Concern in or near Shinn Creek. The violation took
place on property located at 130 Beagle Trail in Wilmington, New Hanover County, North Carolina. This unauthorized
activity constituted development and you were requested to restore the impacted coastal wetland area to pre -
development conditions. In accordance with the North Carolina Administrative Code, Title 15A, Subchapter 7J.0410,
any violation involving development which is inconsistent with guidelines for development within Areas of
Environmental Concern (AEC) must be corrected by restoring the project site to pre -development conditions to recover
lost resources or to prevent further resource damage.
I conducted a site visit at the aforementioned property on July 26, 2016 to inspect the restoration of the unauthorized
activity addressed in the Notice of Violation 16-20D. Based on this inspection, and subsequent photographs received
from Land Management Group on July 29 ,2016, it appears the restoration is accomplished to the satisfaction of this
Division. Upon my submission of an enforcement report, you will be notified as to the amount of the civil penalty for
undertaking this unauthorized activity within an Area of Environmental concern.
Thank you for your attention and cooperation in this matter. If you have any questions pertaining to this matter, please
feel free to call me at [phone].
Sincerely,
Tara MacPherson
Compliance and Enforcement Representative, DCM
Cc: Debra Wilson, District Manager, DCM
Roy Brownlow, Compliance Coordinator, DCM
Chad Coburn, DWR
John Policarpo, USAGE
RECEIVED
AUG 0 9 2016
DCM- MHD CITY
State of North Caroline I Environmental Quality I Coastal Management
127 Cardinal Drive Ed., Wilmington, NC 28405
910-796-7215

,4 CM ENFORCEMENT TRACKING REPORT
Rep.
Rep.
Violation Description
Initial Discovery Date I Discovery
Violation Description IA )A y t.q 6,
RespondentName(s)
Address 12,11
Phone #
Corporate Name & Registered agent
Ipr Violation Case No.��
permit No.
('llapplicable)
City
Fax #/snail
Yes
Violation Type:
Project Type:
Authorizations Required: Site Visits Respondent Site Visits Respondent
❑
No Pam -it
permit Condition
Private/Community Major
❑ Govt./Publc Minor
CAM% Prese t Present
i
D&F /Gn�
❑
Expired Permit
❑ Commercial
❑ General
C710 lit
`�.I ❑
❑
Inconsistentw/Rules
Tier Level: I
II III
❑
Violation Location and Site Description q
Project Location: County NUS;
Street Address/ State Road/ Lot #(a)
S IMILL
Subdivision
City
ZIP
Phone # ( ) Rive asin
Adj. Wtr. Bod_y "h ) (n man/unlm)
ClosestMaj. Wtr. Body
Lat/Long +(
ShoreI i ne Length "r
SAV: Not Sure Yes No
Sandbags: Not Sure Y No
PNA: Ye N Adjacent
ORW Yes No Adjacent
Ott.Hab. Yes
Photos Yes
Waiver Required Yes No
In DNA BufferArea Yes No
Specify DNA Buffer if applicable:
Restoration
<�
6ctension Granted
Yes No
NOV Date %LU—
Initial Req. Comp. Date
u
CNOV Date
Date Comp. Observed
r ` y
Restoration Letter
Acceptance Date
Penalty Assessment
7J.0409 Ref,
Reconm. Assess.
DCM Assess.
Sent to Respondent Date
App./Pernt Fee
$
$
Rcvd. by Dist. Mgr. Date
Penalty
$
$
Assessment Extended Yes
No Willfuylntent.
$ PFr.EIVEI
Total

- W
Formal Assessments, Appeals and Reductions
Date Long Form Submitted Assessment Appealed: Yes No
Date Formal CPA Submitted
Penally modified
Final Assessment$ Date
Attorney General's Office for Injunction or Formal Collection
Date sentto AG Respondent not responsive to penalty/NOV Injunction to complete restoration
Date Collection Letter Sent Date Demand Letter Sent
Violation Activities and Impacts /y��
AECs Af Wetlands trpacted?�yss�'No `��"' If yes, w hichtypes:
CW HF PTA ES PTA C�5 J BF
A HHF IH UBA WA �/ DS, CJ SY JR LS TY
PWA: - FC: S Ac SP IF 4
Other.
Restoration Required by the Respondent Yes /
Dimensions in excess
ofpevnit/unauthonzedactwities
Dimensionsto restore
Final dimensions
allowed
Actually restored
DetVpmentActivitias
Habitat Descdpti on
NOTES:
Closing
Payment Received $
Date
Date Case Closed