05-38D Stancil

(ALLowana n Ted
LT--ORonda 1=Roy
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
August 5, 2005
Freddie L. Stancil
466 Stancil Road
Angier, North Carolina 27501
RE: Closure Letter
Payment of Proposed Penalty for Violations of the Coastal Area Management
Act, Committed in Onslow County
CAMA Violation # 05-38D
Dear Mr. Stancil:
This letter will acknowledge receipt of your Check #5020, in the amount of 350.00, dated
August 5, 2005. Once the amount of the check 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, [phone].
Sincerely,
am I -I. Greg ;on
ct Manager
JHG/bar
cc: Ted Tyndall, Assistant Director
Roy Brownlow, Compliance Coordinator
WIRO File Copy
127 Cardinal Drive Ext., Wilmington, North Carolina 28405-3845
Phone: [phone] \ FAX: [phone] \ Internet: www.nccoastalmanagement.net
An Equal Opportunity \ Affirmative Action Employer - 50% Recycled \ 10% Post Consumer Paper

DCM ENFORCEMENT TRACKING REPORT
�~ Field Rep.` O tJ L t-tS Iss—uer/ O `--' iy Violation Base No.
LPO St, c- G11C LAL,�(,f4LT- J ❑ A B C
LPJ_ 0 f PSl-1L t- F-�,G—ac U VioL^ed P-=it No.
Violation Description Was activity permittable? Yes / No
Initial Discovery Date L- Z-q� Discovery Method_ DeXyTO� (Z S
Viclacon Description
�v Lava-sefeJ �, masr�evn��
ya•SraLcq;yob o; IySLIr)cAM1 GcbT V-Aaap, licNLIL
Respondent Information
Prior Violations in same AEC: Yes / No
Respondent Name(s) I-' C E D O :re r_
Address 06L S-1140G7- C. P-04
o�--- � '211G — U 7 1 _ 6R'7 <-n
Email
Violation Type:
No Permit
u Permit Condition
Expired Permit
Inconsistent w/ Rules
Project Type:
Private/Community
GovtdPublic
Commercial
Violation Location and Site Description
Project Location: County O aS L--�)
Fax
Number,-,
ray c: w wnU dUlI f
City u ' z&2 State rJ (- zip 23.501
Authorizations Required:
Maicr % CAMA
Minor D&F
_! General
Street Address! State Road/ Lot = (s) _
Subdivision 0-TLCLo t.>
City PSAZt t3aae-kA zip 2-1i�4bC)
Phone (glci) till • 8 �S7 River Basin Vvb 0A1L
Adj. Wtn Bodyti- ( All iar• +1v1�4 Gra:�q\ lnar m f aL
Closest Maj. Wtr. Body
Kestoration
NOV Date
CNOV Date
Penalty Assessment
Sent to Respondent Date
Rcvd by DCM Date
Assessment Extended Yes
Site Visits Respondent Site Visits Respondent
Present Present
Rover File P<D("02 )cl
t
Shoreline L=r.cm ` yCA
SAN/ Mc: 5r- Yes No
Sandbaos: Nct Sure Yes
PNA:
Yes
No Adlacen
ORW:
Ye<_
No
Crit. Hat.
Ye=_
No
Photos
(�a
No
Waiver Required
Yes
!
In DWQ Buffer Area
Yes
No
Specify CWQ Buffer if aCdlicable:
Initial Req. Comp. Date 1- 7-8-0.5`
Date Comp. Observed
App.IPermit Fee
Penalty
No Wilifulllntent.
Continuing
I: Other
7J.0409 Ref.
Extension Granted Yes No
Restoration Letter
Acceptance Date
Recomm. Assess. ! DCM Assess.
Zso i $
$
1 o O i$
—
Is
$
�$
$
jg
;$
Is
Total
Sp
!
I

JUt4-28-2005 15:50 From:
Tn:919 639 9841 P.4'5
Mr. Freddie Stencil
June 27. 2005
Page 3 of 3
RESTORATION PLAN
For
Mr. Freddie Stanch PropwV
CAMA Violation No. 08r38e
Property located at 602 Trade Wlyds Drive, Onslow County
1) Move the dredgeepoll material from 502 Trade Winds Drive to Iota 24 & 26 of Galleon Bay Subdivision and
stabilize with vagatedor, as proposed on shoat 3 of 3 dale 03-07.2005 of the plans submitted 03-10.2006 to the
North CeroMa Dlvlslon of Coastal Msnegement 30e 0000 plans.
2) Grade and stabilize the she at 602 Trade Winds Onus,
3) Install silt force at 602 Trade Winde Drive on Ste seat and south side adjacent to the canal unto property stabilized
to prevent sediment run-o9 Into the North Galleon Say Cenel, The silt fence shell be maintained until the she Is
stabllfzad %Rh vagetalion.
I, Mr. Freddie Stancit agree to move the spoil material tram 502 Trade Winds Ddva to lots 24 & 26 Galleon Bay as
proposed on the plans =ad 03-07.2006, shoat 3 of 3 (attached), In addition, the eke at 602 Trade Winds shell be graded
and stabilized. A property Imillalhtd still fence will need to rems)n In piece around the lot unill k has bean stabilized.
I soles to complete this restorebon to Iha salisfec0on of the Division of Coastal Management (DC y Jul 27, 2006, or
provide an explanation for non-compilarca end a rats request for lhu exterw cor we actions are
compVs, l will notify the DCM ao the work can be d.
SIGNATURE: ,
DATE: ' "
h It the pollay of the Lbanaf Rosuwraai Commlatldn to ldvy a mini mum alwll aasassment S370 and hlghar agalnN fill
vlolerlonr of thtr type dWanding upon rho damage to the ratawr"4. If restoradon is Not undertaken or w MTjncrorlly
compldlod a ,ruhstatlnlly higher civil ortarsmerrl wilt he lawker and as Injunction sought Id rr gWrc rcanrdrlda.
127 Cardinal Drive Ext., WhInpton, North Carolina 284Wa45
Phone: [phone]C FAX: [phone]Internet www.Irocosstatmanegement.net
An EW a Opponunityl ldntmeltve Won Empiayo - 60%Reoyclod 110% Port Cow Paper
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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
MODIFIED RESTORATION AGREEMENT
June 27,2005
CERTIFIED MAIL 7004 2510 0001$280 0598
RETURN RECEIPT REQUESTED
Mr. Freddie Stencil
466 Stancil Road
Angier, NC 27501
RE: MODIFIED RESTORATION AGREEMENT FOR CAMA VIOLATIO #05-38D `.
Dear Mr. Stencil
This letter confines that as of June 27, 2005, review comments from local, state and federal resource agencies have been
received for the project located at 502 Trade Winds Drive adjacent to the North Galleon Bay Canal located off North New
River Inlet Road, in North Topsail Beach, Onslow County, North Carolina. Therefore, I am requesting the following modified
restoration requirements, the dredge spoil material be moved from 502 Trade Winds Dr. to lots 24 & 25 Galleon Bay as
proposed on the plans dated 03-07-2005, sheet 3 of 3 (attached). In addition, the site at 502 Trade Winds shall be graded
and stabilized. A properly installed silt fence shall be installed, and remain in place around the lot and be maintained until it
has been stabilized with vegetation.
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.
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.
q
'cerely,
LJ. -..L
Jon Walter Giles Jr.
Coastal Management Representative
Cc: Ted Tyndall, Assistant Director, DCM
Jim Gregson, District Manager, DCM
Roy Brownlow, Compliance Coordinator, DCM
Sue McLaughlin, North Topsail Beach, LPO
127 Cardinal Drive Ext., Wilmington, North Carolina 28405-3845
Phone: [phone] FAX: [phone] Internet: www.nccoastalmanagement.net

M�. Freddie Stancil
June 27, 2005
Page 2 of 3
ENCLOSURE
127 Cardinal Drive Ext., Wilmington, North Carolina 28405-3845
Phone: [phone] FAX: [phone] \ Internet: www.nccoastalmanagement.net
An Equal Opportunity \Affirmative Action Employer— 50% Recycled \ 10% Post Consumer Paper

Mr. Freddie Stancil
June 27, 2005
Page 3 of 3
RESTORATION PLAN
For
Mr. Freddie Stancil Property
CAMA Violation No. 05-38D
Property located at 502 Trade Winds Drive, Onslow County
1) Move the dredge spoil material from 502 Trade Winds Drive to lots 24 & 25 of Galleon Bay Subdivision and
stabilize with vegetation, as proposed on sheet 3 of 3 date 03-07-2005 of the plans submitted 03-10-2005 to -the
North Carolina Division of Coastal Management, see attach plans.
2) Grade and stabilize the site at 502 Trade Winds Drive.
3) Install silt fence at 502 Trade Winds Drive on the east and south side adjacent to the canal until property stabilized
to prevent sediment run-off into the North Galleon Bay Canal. The silt fence shall be maintained until the site is
stabilized with vegetation.
I, Mr. Freddie Stancil, agree to move the spoil material from 502 Trade Winds Drive to lots 24 & 25 Galleon Bay as
proposed on the plans dated 03-07-2005, sheet 3 of 3 (attached). In addition, the site at 502 Trade Winds shall be graded
and stabilized. A properly installed silt fence will need to remain in place around the lot until it has been stabilized.
I agree to complete this restoration to the satisfaction of the Division of Coastal Management (DCM) by July 27, 2005, 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 $350 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: [phone]\ FAX: [phone] \ Internet: www.nccoastaimanagement.net
An Equal opportunity \Affirmative Action Employer— 50% Recycled \ 10% Post Consumer Paper

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SITE
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Atlantic Ocean .---
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Note_
Excavated
material placed
on spoil site shall
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shall remain on site.
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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
June 9, 2005
CERTIFIED MAIL 7004 2510 0001 8280 0574
RETURN RECEIPT REQUESTED i
Mr. Freddie Stancil
466 Stancil Road
Angier, NC 27501
RE: NOTICE OF VIOLATION AND REQUEST TO CEASE UNAUTHORIZED DEVELOPMENT
CAMA VIOLATION #05-38D
Dear Mr, Stancil:
This letter confirms that on June 2, 2005, 1 was onsite at your property located at 502 Trade Winds Drive
adjacent to the North Galleon Bay Canal located in North Topsail Beach, off North New River Inlet Road,
Onslow County, North Carolina. The purpose of the visit was to investigate unauthorized development of a 149'
bulkhead, excavation of a boat basin, and maintenance dredging within the North Galleon Bay Canal. On June
3, 2005 we spoke over the phone concerning why the work on your property had been done while your Major
Permit Application was still under review. You stated that when you received the Approval of 401 Water Quality
Certification (DWQ Project #050564) you thought that this was your CAMA Major Permit. We discussed the fact
that this was not your CAMA Major Permit but just a general certification from DWQ for the proposed work. On
Tuesday June 7, 20051 spoke with Pat Antinori and A.D. Register on site and verbally told them to stop all work
and install a silt fence around the spoils and also along the perimeter of the bulkhead to prevent any sediments
from entering the canal.
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.) 11 3A-1 18.
Information I have indicates that you have undertaken, or are legally responsible for the installation of 149 linear
feet of bulkhead, of which 64' was installed an average of 9' waterward of Normal High Water (NHW), the
excavation of a 16' x 42' boat basin into high ground, the maintenance dredging of a 64' x 44' x -6.1' @ MLW
section of the Galleon Bay North Canal, and the storage of spoil material on the site without installing the proper
sedimentation control measures on the aforementioned property. This activity took place in Estuarine Waters,
Estuarine Shoreline, and Public Trust Areas that are contiguous with the North Galleon Bay Canal. Estuarine
Waters (EW), Estuarine Shoreline (ES), and Public Trust Areas (PTA) are designated as Areas of
Environmental Concern (AEC). No 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.
127 Cardinal Drive Ext., Wilmington, North Carolina 28405-3845
Phone: [phone] FAX: [phone] Internet: www.nccoastalmanagement.net
An Equal Opportunity 1 Affirmative Action Employer- 50% Recycled 110% Post Consumer Paper

Freddie Stancil
June 9, 2005
Page 2 of 2
I request that you immediately CEASE AND DESIST any further unauthorized development within designated
Areas of Environmental Concern. A CAMA Major Permit Application is under review by the N.C. Division of
Coastal Management (DCM) and the permit decision was pending comments from other resource agencies.
DCM will coordinate with other resource agencies to determine if this project could have been permitted.
Pending comments from the other resource agencies and review of our use standards for EW, ES, and PTA
AECs, restoration in addition to the installation of the aforementioned silt fence may be required. Based upon
the North Carolina Administrative Code, Title 15A, Subchapter 07H. State Guidelines for Areas of
Environmental Concern, if the activity you have undertaken, the installation of a 149 linear feet bulkhead, the
excavation of a high ground boat basin, and maintenance dredging of the canal in the Estuarine Waters,
Estuarine Shoreline and Public Trust Area AEC(s), is not consistent with Section 15A NCAC 7H .0208 Use
Standards (b)(1)(E),(F),(J) and (b)(7)(B),(C),(D)(i-v), you will be required to restore all affected areas to their
conditions prior to the unauthorized development activity. A civil assessment of up to $2,500 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 up to $2,500. An injunction or
criminal penalty may also be sought to enforce any violation in accordance with N.C.G.S. 1 13A-1 26.
It is the policy of the Coastal Resources Commission to levy a minimum civil assessment of $350 not to exceed
$2,500 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
depends on several factors, including the nature and area of the resources that were affected and the extent of
the damage to them. If the requested restoration is not undertaken and completed satisfactorily, a substantially
higher civil assessment will be levied and a court injunction will be sought ordering restoration.
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 immediate 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 [phone]. After consultation with the appropriate resource agencies
you will be notified of any additional required restorations. Finally, pending completion of any and all required
restoration, you will be notified as to the amount of a civil assessment for undertaking development without first
obtaining the proper permit(s).
cerely, )
Jon W. Giles Jr.
Coastal Management Representative
Cc: Ted Tyndall, Assistant Director, DCM
Jim Gregson, District Manager, DCM
Roy Brownlow, Compliance Coordinator, DCM
Sue McLaughlin, North Topsail Beach LPO
127 Cardinal Drive Ext., Wilmington, North Carolina 28405-3845
Phone: [phone] FAX: [phone] Internet: www.nccoastalmanagement.net
An Equal Opportunity 1 Affirmative Action Employer — 50% Recycled 110% Post Consumer Paper

DCM ENFORCEMENT TRACKING REPORT
� Issuer
Field Rep. &Z t S5 Violation Base No. S ?'�
LPO Stnr, MC.LfatnG0L.Tr.) E� A B C
LPJ I oPSAZ Viola*.ad Pa, rnit No.
- Id ::c raae+l
Violation Description Was activity permittable? Yes / No
Initial Discovery Date-Z-36 Discovery Method D¢s��(y 2v Trti
VicladonDescription I y�ava�s�a °< naysfBvq� 5
SASTaf,tgTio..1 of 14q • Lir�cari G5"uT oP ' 3�.�w�.t�ap I lb -A 42, P�scr &ate-r,.� i ex�rvrcfI
y
Respondent Information Prior Violations in same AEC: Yes I No Case Number . ,Ol
Respondent Name (s) -FCCDD'SG— S-�VeJG7C- rL= gent/Contractor)
Address 06& SFAaGf City. N S66L State 0 (- Zip 13,:rOI
Phone# �1�t- L)Z-)- $7-5-7 Fax#
Email
Violation Type:
Project Type:
Authorizations Required:
Site Visits Respondent Site Visits Respondent
No Permit
Private/Community
Major CAMA
Present Present
Permit Condition
r Govt.lPublic
Minor D&F-Z
Expired Permit
Commercial
I ! General
�- �- r'. —
Inconsistent wl Rules
_
Violation Location and Site Description
Project Location: County 6) 05 1--'' �
Street Address/ State Road/ Lot #(s) _
_5 O Z T 1LDF V✓st.NfJ S znus-vi�
Subdivision U &o r.� 3.t l
City lI PbAZC I�811ct� _ ZIP���LILO
Phone " (11 ) y21. 8 Z57 R ' �!t/"-. Q
Rover File
,
Shoreline Length I 1 -�'"lrr��
SAV:
Nets - Yes
No
Sandbags:
Not Sure Yes
PNA:
Yes
No Aojacen
ORW:
.. Yes
No
Crit. Hab.
Yes
No
V 11`` tverBasm t d1K- Photos � No
Adj.Wtr.Body N• &Allah 10,o.1 foot AmlT./t.�nknl— Waiver Required Yes
Closes[ Maj. Wtr. Body rtn4r
In DWQ Buffer Area Yes No
Specify DWQ Buffer if applicable:
Restoration
NOV Date 49-9' 0-5InitialGranted Yes No Initial Req. Comp. Date '
CNOV Date _ Date Comp. Observed Restoration LetterAcceptance Date
Penalty Assessment 7J.0409 Ref. Recomm. Assess. 1 DCM Assess.
Sent to Respondent Date _ App./Permit Fee
I $
Is
Rcvd by DCM Date Penalty I
j $
is
Assessment Extended Yes No I Willful/Intent.
$
Is
Continuing I
$
$
I, Other I
$
Is
Total

Formal Assessments; Appeals and Reductions
Date Long Form Submitted _ Assessment Appealed Yes No
Pena:-; : di5ed
FinalAssessmant S Date
Attorney General's Office for Injunction or Formal Collection
f— •Vw I_:. —..dye •^_<tu Date sent to AG _ ___ ! Respondant not responsive to penaltyh..,. _ ,�vcnccn :c cc.,..,,.._ . __ ration
Date Collection Let. Sent Date Demand Let. Sent
Violation Activities and Impacts
AECs Affected: Wetlands Impacted? Yes / No If yes, which types:
CW EW PTA ES PTS
OEA - HHF IH SA DS CI SY - IR LS TY
PWS: FC: SS SC SP IF BF 404
Other:
Restoration Required by the Respondent Yes / No
Dimensions in excess I Dimensions to restore Final dimensionsI j
Actually restored
,of permit/ unauthorized activities: allowed
Development Activities
iffell l
Closing
Payment Received S.— Date Date Case Closed