15-03D Larson

A3-; WIFAA
�
AFM R
North Carolina Department of Environment and Natural Resources
Pat McCrory
Governor
CERTIFIED MAIL 7011 0110 0000 9947 2307
RETURN RECEIPT REQUESTED
February 3, 2015
Mr. Reid Larson
128 Pecan Avenue
Wilmington, NC 28403
RE: NOTICE OF FAILURE TO COMPLY WITH CAMA PERMIT NO. 60682D
CASE # 15-03D
Dear Mr. Larson:
Donald R. van der Vaart
Secretary
This letter confirms that on January 30, 2015, Robb Mairs, Field Representative, and I were onsite at your property located
at 128 Pecan Avenue adjacent to Bradley Creek located in Wilmington, New Hanover County, North Carolina. The purpose
of the visit was to conduct routine compliance of the vinyl bulkhead construction authorized by CAMA General Permit No.
60682D within the Estuarine Shoreline, Estuarine Water and Public Trust Areas of Environmental Concern.
Information gathered by me shows that you undertook additional major development not authorized by CAMA General
Permit No. 60682D. No person may undertake major development in a designated Area of Environmental Concern without
first obtaining a permit or authorization from the North Carolina Department of Environment and Natural Resources, North
Carolina General Statutes (N.C.G.S.)113A-118.
On August 9, 2013, CAMA General Permit No. 60682D was issued to you for bulkhead construction adjacent to Bradley
Creek on your property located in Wilmington, New Hanover County, North Carolina, off Pecan Avenue. This permit was
issued for major development in the Estuarine Shoreline, Estuarine Water and Public Trust Areas of Environmental Concern
(AEC), in accordance with North Carolina General Statutes (N.C.G.S.) 11 3A-1 18.
I have information that you undertook, or are legally responsible for, unauthorized major development by constructing
approximately 27 linear ft. of vinyl bulkhead on the adjacent property to the west. This activity took place in Estuarine
Shoreline, Estuarine Water and Public Trust Areas that are contiguous with Bradley Creek. Estuarine Shoreline Estuarine
Water and Public Trust Areas are designated as Area(s) of Environmental Concern (AEC).
RECEIVED
FEB 0 5 70l5
127 Cardinal Drive Ext., Wilmington, North Carolina 28405-3845 pblw-rw YP b1iW
Phone: [phone] FAY: 910 395-396411nternet: www.nccDastalmanagement.net
An Equal Opportunity 1 Affirmative Action Employer— 50% Recycled 110% Post Consumer Paper

M
Mr. Reid Larson
February 3, 2015
Page 2 of 2
You are hereby requested to either:
1. Provide a survey demonstrating that the bulkhead was constructed entirely within the meets and bounds of your
property.
or
2. Provide authorization from the adjacent riparian property owner for the portion of the bulkhead that was constructed
outside of your property boundary.
or
3. Remove the unauthorized portion of the bulkhead that crosses onto the adjacent property to the west in
coordination with the Division of Coastal Management.
If you comply voluntarily by March 3, 2015, no further action will be necessary.
Continuation of unauthorized work after receipt of this Notice may constitute a violation of the Act and you may be subject to
civil and/or criminal penalties as provided by North Carolina General Statute (NCGS) 113A-126. 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 NCGS 113A-126.
In this case, there will be no assessment levied against you. However, if you continue to violate the Coastal Area
Management Act, you should consider yourself forewarned and expect a civil penalty to be levied against you consistent
with the North Carolina Administrative Code, Title 15A, Subchapter 7J, Section .0409, as adopted by the Coastal Resources
Commission.
Thank you for your time and cooperation in resolving this important matter. 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.
/ v.
Sincerely,
4
Tara MacPherson
Coastal Management Representative
Cc: Debra Wilson, District Manager, DCM
Roy Brownlow, Compliance Coordinator, DCM
Robb Mairs, Field Representative, DCM RECEIVED
Linda Painter, LPO
FEB 0 5 701;
rnn ra!r+n cm
Tier 1

M ENFORCEMENT TRACKING REPORT
Permit No. 14 f s i;
(if applicable)
Initial Discovery Date
Violation Description
Mesponaent 1nr0mtaU0IL ( t Prior CAMA or D/F Violations: Yes / No Prior Case No:
Respondent Name(s)
Address , I !
Phone# IVIVI
City
Fax #/Email
Zip no U S
Corporate Name & Registered anent
Violation Type: Project Type: Authorizations Required: Site Visits Respondent Site Visits Respondent
Present Present
No Permit Private/Community Major CAMA ... 1.
Permit Condition Govt./Public Minor D&F 1114:�1
Expired Permit Commerci General
Inconsistent w/ Rules Tier Lev II III d
Violation Location and Site
Project Location: County �I \1
Street Address/ State Road/ Lot #(s)
City .
Phone #)
Adj. Wtr. Body
Closest Maj. WV. Body
NOV Date
CNOV Date
Penalty Assessment
Sent to Respondent Date
Rcvd. by Dist. Mgr. Date
Assessment Extended Yes
Basin
Initial Req. Comp. Date
Date Comp. Observed
App./Permit l
Penalty
No WillfuVlntent.
Continuing
Lat/Long
Shoreline Length
t
SAV: Not Sure
Yes
N
Sandbags: Not Sure
Yea
o
PNA:
/Qas
Adjacent
ORW:
(
No
Adjacent
Crit. Hab.
Y
No
RECEIVED
Photos
Yes
No
Waiver Required
es
No
FEB 05 2015
In DWQ Buffer Area
Yes
No
ggqq-,wnclFm
Specify DWQ Buffer K applicable:
Extension Granted Yes No
U 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 Q Respondent not responsive to penalty/NOV'Q Injunction to complete restoration
Date Collection Letter Sent Date Demand Letter Sent
Violation Activities and Impacts
AECs Affected: � Wetlands Impacted? Yes j No J If yes, which types:
OW a?<F1H ES PTS `-1
OEA FI�flFF IH UBA WA SA DS CJ SY JR LS TY
PWS: FC: SS SC SP IF BF 404
Other:
Restoration Required by the Respondent Yes / No
Dimensions In excess
of permit/ unauthorized activities
Dimensions to restore
inal dimensions
allowed
Actually restored
Development Aclivifies
HabifatDescrnpuoii
NOTES:
Closing
Payment Received $ Date Date Case Closed