05-44D Wagoner

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
July 22, 2005
Bruce D. Wagoner
3613 Richwood Circle
Kannapolis, North Carolina 28081
JUL 2 8 2005
Morehead City DC11A
RE: Closure Letter
Payment of Proposed Penalty for Violations of the Coastal Area Management
Act, Committed in Brunswick County
CAMA Violation # 05-44D
Brunswick County # 05-13V
Dear Mr. Wagoner:
This letter will acknowledge receipt of your Check #2315, in the amount of $50.00, dated July
19, 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,
c
eregson
rMGnager
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

Brude D. Wagoner
June 30, 2005
Page 3 of 3
CAMA VIOLATION #05.44D
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 $50.00 against me for violation of the Coastal Area Management
Act, NCGS 113A-100 et Leg, committed on or near my property 1927 W. Sea Aire Canal SW in Brunswick
County, North Carolina. 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 May 25, 2005, and agree to
pay the proposed civil assessment of $50.00.
DATE
SIGNATURE
_ _fir. 0i
i
TELEPHONE NUMBER

MW
EMr. Brine D.W
�-AC, J)F—A
.1-7 tip
C j f t►x-"t
me.csc, tc.aos InitllttlJtl1JII III lttl,III LLt16i6ttLrltll

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
June 30, 2005
CERTIFIED MAIL # 7004 2510 0001 8280 0628
RETURN RECEIPT REQUESTED JUL 12 2005
Bruce D. Wagoner
3613 Richwood Circle
Kannapolis, North Carolina 28081
RE. CAMA VIOLATION#05-44D
Brunswick County # 05-13V
Dear Mr. Wagoner:
Morehead City DCM
This letter is in reference to the Notice of Violation dated May 25, 2005 that Connie Marlowe, (Cama) Local
Permit Officer, issued to you for unauthorized development at 1927 W. Sea Aire Canal SW, near Supply in
Brunswick County. The violation involved Estuarine Shoreline, which is in an area of Environmental
Concern designated by the Coastal Resources Commission. Based upon the site visit conducted on June
6, 2005 by Jim Gregson, the restoration requested is 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 $50.00 is
appropriate for this violation. You may expeditiously resolve this matter prior to the assessment of a formal
civil penalty by accepting responsibility for the violation and paying the amount proposed above. In order to
do this, you must: (1) sign one of the attached copies of an "Agreement to Pay Civil Assessment;" (2)
attach a check or money order for $50.00 made payable to the North Carolina Department of Environment
and Natural Resources (NCDENR); and, (3) return the signed agreement and payment 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: [phone] FAX: [phone] Internet: www.nccoastalmanagement.net
An Equal Opportunity 1 Affirmative Action Employer — 50% Recycled 110% Post Consumer Paper

Bruce D. Wagoner
June 30, 2005
Page 2 of 3
If you do not send a signed agreement and payment 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 [phone].
incerely,
Jim Gregson, �istZncl`Manager
ision of Coastal nagement
Enclosure
cc: Roy Brownlow, Compliance Coordinator, DCM
Connie Marlowe, Brunswick County LPO
WIRO Copy

Bruce D. Wagoner
June 30, 2005
Page 3 of 3
CAMA VIOLATION #05.44D
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 $50.00 against me forviolation of the Coastal Area Management
Act, NCGS 113A-100 et seg, committed on or near my property 1927 W. Sea Aire Canal SW in Brunswick
County, North Carolina. 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 May 25, 2005, and agree to
pay the proposed civil assessment of $50.00.
DATE
SIGNATURE
ADDRESS
TELEPHONE NUMBER

Brunswick County Planning Department
P.O. Box 249
.o 75 Courthouse Drive N.E., Bldg
�N`ppe'j Bolivia, NC 28422 ivly 8 7005
NOTICE OF VIOLATION Morehead City pCM
03-Jun-05 woQ APO pgau9JOI 1
LFL Properties LLC
%Rick Ward
PO Box 1543
Lumberton NC 28359
RE: NOTICE OF VIOLATION AND REQUEST TO CEASE UNAUTHORIZED
DEVELOPMENT CAMA MINOR VIOLATION #05-14V
Dear Mr. Ward:
This letter confirms that on 03-Jun-05, Connie Marlowe (CAMMA i .ocal Permit Officer) was
onsite at your property located at 95 Genoe's Court SW ; adjacent to Lockwood Folly River
located off SR 1 119, in or near Supply, Brunswick County, North Carolina. The purpose of
the visit was to is
i [specifically,
grading and fill (
Tablets
Information gath
s PLETAL®
d in violation
of the Coastal Ai
(cil ostazol)
-ment in a
designated Area
n the North
Carolina DepaTtr(��
;Waal
Statutes (N.C.G.1
01,)dC- QCAC) rA OU
I have informatic
development by 1
t/
` W( �-W-I
>r
3is activity
took place in the
Estuarine Shoreli
A cs� i l) I G/%�✓
River. The
EC). No
permit was issue(
enforcement acti(
n /�
fO n (� l� f (C 1y m�� /' 6
tiating an
Area
al
Management Act
g
V
I request that you
/ �^ .`
ament and
contact me about
assessed'
against an violat
repeated may con
p n 7 �
�( �) I (` r / tCt
ontinued or
,ment of
$250. An injunct
—
tion in
accordance with I
`� Lt fY� ••
I �n
'
It is the policy of
t /�� W�
lenalty of
Fifty Dollars ($50
www.pletal.com
Me of the
TELEPHONE [phone] • [phone] • FAX [phone]

costs of investigating the violation 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 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.
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. Upon my
submission of an enforcement report to the District Manager, you will be notified as to the
amount of a civil assessment for undertaking development without first obtaining the proper
permit(s).
Sind
Connie Marlowe
Local Permit Officer
Cc: Gale Stenberg, LPO Coordinator, DCM
Jim Gregson, District Manager, DCM
Roy Brownlow, Compliance Coordinator, DCM
Certified Return Receipt #7001 1940 0007 0428 4922
TELEPHONE [phone] • [phone] • FAX [phone]

RESTORATION PLAN
LFL Properties LLC (%Rick Ward)
95 Genoe's Court SW, Brunswick County
Based upon the North Carolina Administrative Code, Title 15A, Subchapter 07H. State
Guidelines for Areas of Environmental Concern, the activity you have undertaken,
grading and placement of fill dirt in the Estuarine Shoreline AEC(s), is not consistent
with Section 15A NCAC 07J.201, which requires every person wishing to undertake any
development in an area of environmental concern to obtain a minor development permit
from the local permit officer unless such development is exempted by the Commission.
Therefore, I am requesting that a silt fence be installed at the top of the slope and the area
be stabilized.
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 court injunction being sought ordering compliance.
I, , agree to install a silt fence at the top of the slope and
stabilize the area.
I agree to complete this restoration to the satisfaction of the Division of Coastal
Management by 17-Jun-05, or provide an explanation for non-compliance and a
reasonable request for time extension.
Signature:
Date:
It is the policy of the Coastal Resources Commission to levy a minimum civil assessment $50.00 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.

Brunswick County Planning Department
P.O. Box 249
75 Courthouse Drive WE
Bolivia, NC 28422
NOTICE OF VIOLATION
25-May-05
Bruce D Wagoner
3613 Richwood Circle
Kannapolis NC 28081
Bldg
MAY
3
2005
Morehead City pCM
RE: NOTICE OF VIOLATION AND REQUEST TO CEASE UNAUTHORIZED
DEVELOPMENT CAMA MINOR VIOLATION #05-13V
Dear Mr. Wagoner:
This letter confirms that on 25-May-05, Connie Marlowe (CAMA Local Permit Officer) was
onsite at your property located at 1927 W. Sea Aire Canal SW, adjacent to Sea Aire Canal
located off SR 1236, in or near Supply, Brunswick County, North Carolina. The purpose of
the visit was to investigate unauthorized development of land disturbing activity [specifically,
grading and stump removal] within the Sea Aire Canal.
Information gathered by me shows that you have undertaken minor development in violation
of the Coastal Area Management Act. No person may undertake minor development in a
designated Area of Environmental Concern without first obtaining a permit from the North
Carolina Department of Environment and Natural Resources, North Carolina General
Statutes (N.C.G.S.) I I3A-118.
I have information that you have undertaken, or are legally responsible for, minor
development by grading and removing stumps on the aforementioned property. This activity
took place in the estuarine shoreline that is contiguous with the Sea Aire Canal. The
Estuarine Shoreline areas 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.
I request that you IMMEDIATELY CEASE AND DESIST any further development and
contact me about this important matter. A civil assessment of up to $250 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
$250. 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 minimum civil penalty of
Fifty Dollars ($50.00) against all violations of this type. This is done to recoup some of the
costs of investigating the violation and/or to compensate the public for any damage to its
TELEPHONE [phone] • [phone] • FAX [phone]

natural resources. Whether a higher amount will be assessed will depend on several factors,
including the nature and area of the resources 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.
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. Upon my
submission of an enforcement report to the District Manager, you will be notified as to the
amount of a civil assessment for undertaking development without first obtaining the proper
permit(s).
Sincerely,
Comae Marlowe
Local Permit Officer
Cc: Gale Stenberg, LPO Coordinator, DCM
Jim Gregson, District Manager, DCM
Roy Brownlow, Compliance Coordinator, DCM
Joel Klass; Agent
Certified Return Receipt #7001 1940 6007 0428 4939
TELEPHONE [phone] • (6b0) 621.0609 • FAX [phone]

RESTORATION PLAN
Bruce D. Wagoner, Jr.'s Property
1927 W. Sea Aire Canal, Brunswick County
Based upon the North Carolina Administrative Code, Title 15A, Subchapter 07H. State
Guidelines for Areas of Environmental Concern, the activity you have undertaken,
grading and removal of stumps in the Estuarine Shoreline AEC(s), is not consistent with
Section 15A NCAC 07J.201, which requires every person wishing to undertake any
development in an area of environmental concern to obtain a minor development permit
from the local permit officer unless such development is exempted by the Commission.
Therefore, I am requesting that a silt fence be installed at the top of the slope and the area
be stabilized.
If you intend to cooperate with my request, please sign one of the attached Restoration
Agreements and return it to mein the enclosed, self-addressed envelope within ten (IO)
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 court injunction being sought ordering compliance.
I, , agree to install a silt fence at the top of the slope and
stabilize the area.
I agree to complete this restoration to the satisfaction of the Division of Coastal
Management by I O-Jun-05, or provide an explanation for non-compliance and a
reasonable request for time extension.
It is the policy of the Coastal Resources Commission to levy a minimum civil assessment $50.00 and higher against all
violations of this type depending upon the damage to the resources. If restoration is not undertaken or satisfactorily
completed, asubstantially higher civil assessment will be levied and an injunction sought to require restoration.