96-55D Taylor

DCM ENFORCEMENT REPORT 1
(Use for Waivers)
Case #: �_ S 5 Permit #: Consultant:
Name: f_ofPS4 - � A / Address: �o� 3 y� �S*C' Shy { �ry �r
City: 51-1 AQ/ State: Iy C zip: Phone
County: r vDp /Iw I LLNearest Water Body: io ckul x j I o ��f �w� State Plane X:
LPO: D ��K (�;� Locality: 3( a S w''<,,<// r1 / State Plane Y:
Vio Descp: Ed I j., 5 _ K,yV d /14 d
NOV Sent / / Violation: Major: Minor:_ Perm Cond: CAMA:_ D&F:
Restore: I Requested: (05/31 / q(0 Completed: j /g /83
(Y./No) (Mo) (Dar) (Yd
(MO) (Day) (Yr)
Estuary: _ Pub Trst: _ Shoreline: _ Ocean Hz: _ Other: _ Pri Nurs: _ ORW:
Wetlands: e S
.INo)
SA:
DS:
CJ:
SY:
JR: X
LS:
TY:
SS: X
I SC:
SP: X
I IF:
BF:
I WS:
MF:
TYPE
(AEC)
EXCAVATE
(Sq.R.)
FILLED
(Sq.R)
RESTORE
(Sq.R.)
OTHER
(Sq.,R.)
Cou v Cv,
/ LO
******* ASSESSMENT & DISPOSITION *******
0
Recommended Assmt: $ 3—.0 References: 7J. 0 loy (.-FI(4L)(9)(Criteria: 3 ^ 23— `I S
Report Rcvd: / / Assessed: $ To AG: / / To Violator:
Payment Received: $ On:
# Of Violators: Total Assessment: $
dose� ?Cae C-JA-k�o
MAY 2 3 1996
Case Closed: I / T /63
REVISED: 12/92

State of North Carolina
rt Depament of Environment,
Health and Natural Resources C4*e)
/Wilmington Regional Office�M"Division of Coastal Management q
James B. Hunt, Jr., Governor ID E'----' N ��
Jonathan B. Howes, Secretary
Roger N. Schecter, Director
June 12, 1997
CERTIFIED MAIL P 057 082 526
RETURN RECEIPT REQUESTED
Forest Taylor
7057 #1 Beach Drive SW
Ocean Isle Beach, North Carolina 28469
RE: CAMA Violation #96-55D
Dear Mr. Taylor:
This letter is in reference to the Notice of Violation sent to you on 05/20/96, for the
unauthorized development at property located at Lot 342 on Oyster Shoal Road in the Lockwood
Folly Subdivision, in Brunswick County. The violation involved the placement of fill material into
coastal wetlands, which is an Area of Environmental Concern designated by the Coastal Resources
Commission. All restoration requested by the Division of Coastal Management has been completed.
The Coastal Area Management Act provides that a civil assessment of up to $2500.00 may
be assessed for any violation. It is the policy of the Coastal Resources Commission to assess a civil
penalty for all violations. This is done to recover some of the costs of investigating violations
and/or to compensate the public for any damage to its natural resources.
Under Coastal Resource Commission rules, a civil penalty in the amount of $350.00 is
appropriate for this violation. In order to expeditiously resolve the matter, you may accept
responsibility for the violation, waive your right to an administrative hearing, and pay the amount
proposed above. I am enclosing two (2) copies of a "Waiver of Right to Administrative Hearing
and Agreement to Pay Civil Assessment". If you understand the proposed assessment and wish to
pay, you should: 1) sign one of the attached waivers; 2) include a check or money order for
$350.00 made payable to the North Carolina Department of Environment, Health and Natural
Resources (DE NR); and, 3) return the signed waiver and payment to this office in the enclosed,
self-addressed envelope within ten (10) days of receipt of this letter. I will forward a copy of the
Waiver with your check or money order to the Department's Office of General Council which will
in turn notify you of your compliance and the closure of this enforcement action. ,If you do not
respond within ten (10) days of receipt of this notice, I will issue a civil penalty assessment which
you may appeal by filing a petition for a hearing with the Office of Administrative Hearing.
127 Cardinal Drive Extension, Wilmington, N.C. 28405-3845 • Telephone [phone] • Fax [phone]
An Equal Opportunity Affirmative Action Employer

Forest Taylor
June 12, 1997
Page Two
JUN 1 6 1997 i�j
Thank you for your time and cooperation in. resolving this matter. If you have any
questions, please do not hesitate to contact me at my Wilmington office at 910/395-3900.
Sincerely,
C. Robert Stroud, Jr.
District Manager
CRS/ek
Enclosures
cc: Preston P. Pate, Jr.
Jerry A. Parker, Field Representative
Jeff Richter, COE

WAIVER OF RIGHT TO ADMINISTRATIVE HEARING
AND AGREEMENT TO PAY PROPOSED CIVIL ASSESSMENT
I understand that the staff of the Department of Environment, Health and Natural Resources
will propose. the assessment of a civil penalty in the amount of $350.00 against me for violation of
the Coastal Area Management Act, NCGS 113A-100 et seq, committed on or near my property in
Brunswick County, North Carolina. I also understand that I have a right under G.S. 113A-
126(d)(3) and 150B-23 to a quasi-judicial administrative hearing on the alleged violation and
proposed civil penalty.
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 05120/96,
voluntarily waive my legal right to an administrative hearing, and agree to pay the civil assessment
of $350.00. I understand that in doing so, I also hereby foreclose any right of appeal to the
Superior Court of North Carolina.
DATE
NOV 1/96-551)
SIGNATURE
ADDRESS

i
a
State of North Carolina
Department of Environment, Health, and Natural Resources
Division of Coastal Niana¢ement
Wilmington Regic
James B. Hunt, Jr., Governor
Jonathan B. Howes, Secretary
May 20,
CERTIFIED MAIL P 455 546 518
RETURN RECEIPT REQUESTED
Forest Taylor
7057 #1 Beach Drive SW
Ocean Isle Beach, NC 28469
RE: NOTICE OF VIOLATION(s) AND REQUEST TO CEASE
UNAUTHORIZED DEVELOPMENT
CAMA VIOLATION #96-551)
Dear Mr. Taylor:
Roger N. Schecter
Director
Information gathered by the Division of Coastal Management shows that you have undertaken Major
Development in violation of the Coastal Area Management Act.
No person may undertake Major Development in a designated Area of Environmental Concern
without first obtaining a permit from the North Carolina Coastal Resources Commission. North Carolina
General Statutes (hereinafter abbreviated NCGS 113A-118). I have information that you have undertaken
Major Development by initiating a land disturbing activity on Lot 342 on Oyster Shoal Road in the
Lockwood Folly Subdivision, Brunswick County. The area of concern is a 115 ft long by 4 ft wide area
of coastal wetlands located along the eastern boundary of the lot in which fill has been placed. This
development is being undertaken within coastal wetlands, a designated Area(s) of Environmental Concern,
and no permit has been issued for it. Therefore, I have concluded that you are in violation of the permit
requirement of the Coastal Area Management Act.
I request that you immediately CEASE AND DESIST any further development and contact me
about this matter. Since the development you have undertaken is not consistent with the applicable
standards, you will be required to restore the area to its former condition. A civil assessment of up to
$2500.00 may be assessed against any violator. Each day that the development described in this Notice
is continued or repeated may constitute a separate violation which is subject to an additional assessment
of $2500.00. An injunction or criminal penalty may also be sought to enforce any violation. NCGS 113A-
126.
127 Cardinal Drive Extension, Wilmington, N.C. 28405-3845 • Telephone [phone] • Fax [phone]
An Equal Opportunity Affirmative Action Employer

Forest Taylor
May 20, 1996
Page Two
It is the policy of the Coastal Resources Commission to assess a minimum civil penalty of One
Hundred Fifty Dollars ($150.00) 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.
Whether a higher amount will be assessed will depend on several factors, including the nature and area
of the resources which were 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 enclosed Restoration Plan describes the action necessary to bring this project into compliance
with the Act. Provided you intend to cooperate with my request to restore the filled wetlands and obtain
a CAMA permit, please sign one of the attached Restoration Plans and return it to me in the enclosed, self-
addressed envelope. No response from you within ten (10) days of receipt of this letter will be interpreted
as a refusal to cooperate and result in a Notice of continuing violation and a court order 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. Once again,
I request that you contact me immediately about these matters.
Sincerely,
g
a&'-J'
Jerry A. Parker
Field Representative
JAP/ek
Enclosures
cc: Preston P. Pate, Jr.
Bob Stroud, District Manager
Michael Hosey, COE
Becky King, LPO

RESTORATION PLAN
FOR
FOREST TAYLOR
PROPERTY LOCATED AT LOT 342 ON OYSTER SHOAL DRIVE IN LOCKWOOD FOLLY
SUBDIVISION IN BRUNSWICK COUNTY
Area of concern is a 115 ft long by 4 ft wide area of coastal wetlands on the eastern boundary of lot 342
on Oyster Shoal Drive in Lockwood Folly Subdivision in which fill has been placed`
1. All fill material in coastal wetlands (4 ft wide band, 115 ft long) shall be removed.
2. The disturbed area shall be stabilized with a silt fence located along the entire length of the area
of concern 4 ft landward of the silt fence presently in place.
3. Arrange an inspection of the site by a Division Representative at the completion of the restoration.
I agree to complete this restoration by May 31, 1996.
Forest Taylor
Date: . 1996
NOV #96-55D