05-43D LFL Properties LLC

A7jZA
NCDENR
North Carolina Department of Environment and Natural MR
Division of Coastal Management Vr
Michael F. Easley, Governor Charles S. Jones, Director Jr.
June 30, 2005 � 0 5 2005
Mr. Rick Ward
C/o LFL Properties, LLC
PO Box 1543
Lumberton, North Carolina 28359
RE: Closure Letter
Morehead City I)CM
Payment of Proposed Penalty for Violations of the Coastal Area Management
Act, Committed in Brunswick County
CAMA Violation # 05-43D
Brunswick County # 05-14V
Dear Mr. Ward:
This letter will acknowledge receipt of your Check #1043, in the amount of $50.00, dated June
30, 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,
J es . Gregson
.str' Manager
bl.[tlftFTi
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 \ Affirmafive Action Employer —50% Recycled \ 10% Post Consumer Paper

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 0611
RETURN RECEIPT REQUESTED
Mr. Rick Ward
C/o LFL Properties, LLC
95 Genoe's Court SW
Supply, North Carolina 28462
RE: CAMA VIOLATION#05-43D
Brunswick County #05.14V
Dear Mr. Ward:
This letter is in reference to the Notice of Violation dated June 3, 2005 that Jim Gregson, representative for
the Division of Coastal Management, issued to you for unauthorized development at 95 Genoe's Court SW,
Supply, Brunswick County. The violation involved Estuarine Shoreline, which is an area of Environmental
Concern designated by the Coastal Resources Commission. Based upon the site visit conducted on June
16, 2005 by Connie Marlowe, Brunswick County Local Permitting Officer, 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 \ Affirmative Action Employer— 50% Recycled \ 10% Post Consumer Paper

LFL Properties, LLC
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],
Sincerely,
cc: Roy Brownlow, Compliance Coordinator, DCM
Connie Marlow, Brunswick County LPO
WIRO Copy

Jun 30 05 08:56a
Planning Dept
9102532437
p.l
o Brunswick County Planning
ap y'i
P.O. Box 249
20 Referendum Drive N.E.
Bolivia, North Carolina 28422
7/01 -)35o 0 -)y�r)
Fax Cover Sheet
DATE: 30JLL.' OS
TO: ECG 6roilks
FROM: 1. J n h . ¢. Mar Iau%-f
RE: NUV G,, Lft
c:
Number of pages including cover sheet: 5
Comments:
TIME: rJ 46
PHONE:
FAX: 35 0 • ao Uq
PHONE: c�—'53J 6.3q
FAX:
If you have any problems with this transmission, please call [phone] and
ask for Connie Marlowe.
TRT.r.PT-T0WV.. (Al ni R.2025 • (RWI)621-Unq • FAX (910)2FA-9.wd

Jun 30 05 08:56a Planning Dept 8102532437 p.2
Brunswick County Planning Department
P.O. Box 249
75 Courthouse Drive N.E., Bldg I
Bolivia, NC 28422
NOTICE OF VIOLATION
03-.1un-05
LF.L Properties LLC
%Rick Ward
Pt') Box. 1543
Lumberton NC 28359
RE: NOTICE OF VIOLATION AND REQUEST TO CEASE UNAUTHORIZED
DEVELOPMENT LAMA MINOR VIOLATION
Dear Mr. Ward:
This letter confirms that on 03-Jun-05, Connie Marlowe (CANir. I,oca: Pclniit OfScer) was
Onsite at your property located at 95 Genoe's Court S Y, adjacent to Locktood Folly Rivet
IocareC orf SI? 1 119,m or near Supply, Brunswick County, North Carolina The put p ose of
the 'JISi•' 1i'a.i to investigate unauthorized developmeni of land dis;urb;»L, dCtivitY [spcerfically,
�rte ling and Ii1• diri] within the Lockwood Folly River.
�iltl;: 117aUGli Lathered by me shows that you have undrrtak..n. mir.w I:hc: el•.pnient in vinlaholl
Of the C nastaf Area Management Act. No person ?my undertake- mn]M' de': t�iopment in 0
designated Area of Environmental Concern without first obtaining a permit from tltc North
Carolina Depaitnlent of Environment and Natural ltesourcei. North i. f:ii P?a Gc,V:191
Statutes (N.C.G.S.) I I3.A-1 I S.
I have information that you have undertaken, or are legally responsible tor, minor
development by grading and placing fill dirt on the atbrementkmed properry. This activiCr
took place in the estuarine shoreline that is contiguous with the L'lcklvood Folly River. Tile
�s•�c:fre ci:crcli:.,, _.,,-....,: e dea •--^t.^d a.. ^.:..... o= ^,-- . -•-�' ^: - - ^ I; 't -
permit was issued to you for work in this area. Based on ties findings, i am initiating an
enforcement action by issuing this Notice of Violation far violatior of the Coastal Area
Management Act.
I request that you IMMEDIATELY CEASE AND DESIST any litrther development and
contact me about this important matter. A civil assessment of up to $250 ;nay be assessed
against any violator. Each day that the development described in this 1'hxice is eo1?tinued 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
acctndance with N.0 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
TELEPHONE [phone] • [phone] • FAX [phone]

Jun 30 05 08:56a Planning Dept 9102532437 p.3
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 theta.
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 ill complying with the requirements of these laws. A site inspection will be made in the —
itnmediate 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 reoort to the District Manager, you will be notified as to the
amount of a civil assessment for undertaking development without first obtaining the proper
pemit(s).
sincerely,
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]

Jun 30 05 08:SGa Planning Dept S102532437 p.4
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 071201, 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.
'nccrefore, I am requesting that a silt fence be installed at the top of the slope and fire 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.
1, R 14L iwt A Nlt�, 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 reourees. If restoration is not undertaken or satisfactorily
completed, a substantially higher civil assessment will be levied and an Injunction sought to require restoration.

Jun 30 05 08:57a Planning Dept 9102532437 p.5
DCM ENFORCEMENT REPORT
(Use for Waivers)
Case ll:C/ Permit #: Consultant:
Name: LFL Properties LLC (9Mick Ward) Address: 95 Genoe's Court SW
City: Supply State: NC Zip: 28462 Phone #: (910 ) 740_7000
County: Brunswick Nearest Water Body: La kc0d RAlY Rim State Plane X•
LPO: Connie Marlowe Locality: Brunswick
State Plane Y:
Vio Descp: Gradino and Placement of Fill Dirt within 75' of Normal Water Level
NOV Sent: 06 /03 /C05 Violation: Major:_ Minor: X Perm Cond:_ CAMA:_ D&F:
Restore: / Requested: 0 G / 0Completed: O �
r.4•rvo� r..: Inr) r.. (WO)
Estuary: X Pub Trst: _ Shoreline: _ Ocean Hz: _ Other: _ Pri Nurs: _ ORR': _
Wetlands:
p-niNnr
SA:
DS:
CJ:
SY:
JR:
LS:
TY:
SS:
SC:
SP:
IF:
BF:
WS:
NU:
TYPE
(AEC)
EXCAVATE
(STR-)
FILLED
(Sq.Fr)
RESTORE
OTHER
******* ASSESSMENT & DISPOSITION *******
Recommended Assmt: S 5o.00 References: 7J.M(F)(5)(A) Criteria:7/1/91
Report Rcvd: / / Assessed: $ To AG: / / To Violator:
Payment Received: S On: / / Case Closed:
i Of Violators: Total Assessment: $ Total Received: