01-29D Forbes

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DCM ENFORCEMENT REPORT
(Ux jar A'duers)
Case #: Permit /f:
onsvltant:
Name: VI� ��rbzc,
/Address:
City: TQ li V 1 t' r State- ' v nl l
• zip: a
Phone #: ! 1
County-11
-lakL Nearest Water Body:
State Plane g: -
LPO: Y{ v
ou9 , 1 ocality:
State Plane Y:
Vio Descu: a
---......�.-_� rerm Cond:__ LAMA:
Restore:
.� Requested: I& / ComPleted: �
Estuary: Requested:
m y) (r,)
Pub Trst: Shoreline: _ Ocean Hz:
Other: _ Pri Nurs: _ ORW: s.
Wetlands:-&LkOddirl4h3 �(tp�0.�tpn bu' are
(yarN., , Q e�eni- �-er�varz� of
SA: DS: C7: SY:
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SS: I SG SP: I
BF: I WS: MT: P
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TYPE I EXCA4ATE FiILID
(AEC) rsq.fi,) (Sq.IE + RESTo i OTHER
******* ASMSARM & DISPOSITION *******
Recommended Assort: 5 100. S�—
References: 71. 0
.P 5 )Criteria: 3
Report Rcvd: Assessed: $
To AG: ! / To Violator:
Payment Received:
On:
i Of Violators: Total Assessment:
tE,LIM)2,92
a-d STEGZ H3d3e uan�
Case Closed:
Total Received:
G
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NCDENR
North Carolina Department of Environment and Natural Resources
Division of Coastal Management
Michael F. Easley, Governor Donna D. Moffitt, Director William G. Ross Jr., Secretary
October 19, 2001 OCT 2 4 2001
Mr. David Forbes
520 Valley Road
Fayetteville, NC 28305 .
RE: Closure Letter
Payment of Proposed Penalty for Violations of the Coastal Area Management Act,
Committed in Brunswick County
CAMA Violation #01-29D
Dear Mr. Forbes:
This letter will acknowledge receipt of your Check #2047, in the amount of $100.00, dated October 9, 2001.
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, (910)
395-3900.
Sincerely, n
C. Robert Stroud, Jr.
District Manager
CRS/trw
cc: Donna D. Moffitt
Charles S. Jones
Scott Jones
Janet Russell
127 Cardinal Drive Extension, Wilmington, North Carolina 28405-3845
Phone: [phone]\Fax: [phone] \ Internet: http://dcm2.enr.state.nc.us
An Equal Opportunity \ Affirmative Action Employer - 50% Recycled \10% Post Consumer Paper
i

WAIVER OF RIGHT TO ADMINISTRATIVE HEARING
AND 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 $100.00 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 May 16, 2001, voluntarily waive my legal right
to an administrative hearing, and agree to pay the civil assessment of $100.00. I understand that in doing so,
I also hereby foreclose any right of appeal to the Superior Court of North Carolina.
G—lS-a -p"a /" U
DATE SIGNATURE
ADDRESS
0110 -Sa3• �siz
TELEPHONE NUMBER
NOV # - 01-29D
OCT 15 2001
DIVISION OF
COASTAL MANAGEMENT
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I
Mayor:
Jim Lowell
Mayor Pro-Tien'
Charke Boyle
Commissioners:
Pal Sandifer
Gay Alkins
Alan Holden
Bob Preston
Town Manager.
Michel Morgan
The Town of Holden Beach
Incorporated 1969
110 Rothschild Street Phone; 910.842.6488
CERTIFEE W UT!r. North Carolina 28462 Fax: [phone]
RETURN RECEIPT REQUESTED
May 16, 2001
David Forbes
520 Valley Rd.
Fayetteville, NC 28305
RE: NOTICE OF VIOLATION AND NOTICE OF FAILURE
TO OBTAIN A MINOR CAMA PERMIT AND A BUILDING PERMIT.
Dear Mr. David Forbis:
This letter confirms that myself and the Building Inspector Doug Gillette, was at 128
Lumberton, NC in Brunswick County on May 11, 2001, to investigate the possibility of
development activity within an Area of Environmental Concern (AEC) on a Estuarine
Shoreline without proper authorization. No person may undertake activity constituting
minor development within a designated AEC without first obtaining a Minor
Development Permit from the North Carolina Department of Environment, Health and
Natural Resources ora Local Government with an approved Coastal Area Management
Implementation and Enforcement program. This requirement is imposed by North
Carolina General Statues (NCGS) 113A-118. No Minor Development Permit has been
issued for this development activity. If you can provide a valid Minor CAMA Permit
please submit to our office as soon as possible.
My visit verified that there had recently been a concrete slab poured. An 11'6" x
1519" concrete slab had been poured under an existing porch. A 13'4" x 8'
concrete slab had been poured under a existing uncovered area where steps are
located. A 12'1" x 12' 8" concrete slab had been poured under a existing uncovered
deck.
NOTE: All newly poured concrete is located on the canal side of the residence.
From the bulkhead (normal high water) to the canal edge of the concrete is a
distance of 19'. It appears that almost all of the newly poured concrete has bn
poured within the 30-foot buffer area.
126(d)(1)(a). ,
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(Use for Nalvers)
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rase r: Permit #: )-62 Violb)4tonsultant:
Name::—,,)(-A�ld Forbes 1 Address: � n�O U( ��� \� d
City: �{) �(t✓TIC\%! I�� r State: I1 0- Zip:��
6� Phone #: _{ 1
County: 1� I Nearest Water Body: State Plane X•
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LPO. i' Locality:.
State Plane Y:
Aoug
Vio Descp: ll,�� X I �)A�� (nhr�VPio unrlbr mr�l 11'),�`., O' A^,.,rnr_
j7o �evm — Ss to catFcd n 30 r area-, cc) , rl✓
NOV Sent: / / Violation: Major: Minor:-Z.::j�erm Cond: CAMA:_ D&F:
Restore: Requested: _ // / 1�09 Completed: (Yer/No) (MO) (Day) (Pr)
(Ma) (Day) (Pr)
Estuary: Pub Trst. _ Shoreline: _ Ocean Hz: _ Other: _ PH Nurs: _ ORW:
u
Wetlands:. Ncd- invo lVed irl h,s �� o �a� ion) bu�are pre ,,,jt ukrwoja 6
(Yo/No)
SA:
DS:
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JR:
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SS:
SC:
SP:
IF:
BF:
WS::
TYPE EXCAVATE
(AEC) (Sq.FY.)
FILLED RESTORE
(sq.FI) (Sq.FY.)
OTHER
(Sg.Fr.)
remov ri
I
******* ASSESSMENT & DISPOSMON *******
Recommended Assort: $ References: 7J. Criterr ' Z
Report Rcvd: / j /Q ( O r'� S c
Assessed: $ To A G: (/ b � / o I T ]atom YO /
Payment Received:
i Of Violators:
�h
M
Total Assessment: $
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Total `e.-a $
REV57ED: I2192

*This construction is a violation of 15A NCAC 7H. 0209 of the Coastal Area
Management Act.
*By not obtaining a building permit and CAMA permit prior to construction this is
also a violation of Section 151.16 (Building Permits Required) and section 151.10
(Minor Development Permits) of the Town of Holden Beach Code of Ordinances.
I request that you IMMEDIATELY CEASE AND DESIST any further unauthorized
development activities within designated AECs on this property. If the development
completed to date is not consistent with the applicable standard, you may be required to
restore the land to its former condition and/or bring all aspects of the project into
compliance. A civil assessment of up to $250.00 may be assessed against any violator.
Each day that the development activity described in this Notice is continued or repeated
may constitute a separate violation which is subject to an additional assessment of up to
$250.00. An injunction or criminal penalty may also be sought to enforce any violation
(NCGS 113a-126).
It is the policy of the Coastal Resources Commission to levy a minimum civil
assessment of $50.00 against all violators of CAMA Minor Development Permit
requirements. 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. Whether a higher
amount -will be assessed depends on several factors, including the nature and amount of
resources affected and the extent of damage to them. If any requested restoration is not
undertaken or completed satisfactorily, a higher civil assessment may be levied and a
court injunction sought to order restoration.
The enclosed Restoration Plan describes the action necessary to bring this project into
compliance with the Act. Please sign the. Restoration,Agreement and return it to me by
May 31, 2001. Pending the satisfactory resolution of this violation, and my submission of
.an Enforcement Report to the District Manager of the Division of Coastal Management,
you will be notified of the amount of your civil assessment.
Thank you for your.cooperation in resolving this important matter. If_youhave any
questions, please do not hesitateto contact me.
Sincerely,
Rhonda -Phillips
Local Permit Officer
c. c.: Janet Russell- Division of Coastal Management Representative
in the Wilmington- office [phone]
5N0 �QO�Ii
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RESTORATION PLAN
If you can provide proof of a valid Minor CAMA Permit please provide to out office as
soon as possible. If a valid permit cannot be submitted to our office the following
restoration will be necessary.
1. REMOVE ALL CONCRETE THAT IS LOCATED WITHIN THE
30 FOOT BUFFER AREA (the area located a distance of 30 feet
landward of the normal high water level which in this case will be the
bulkhead).
2. CONTACT THE TOWN OF HOLDEN BEACH AND APPLY FOR
THE NECESSARY PERMITS TO -CLARIFY IF REMAINDER OF
THE .CONCRETE AREA IS CONSISTENT WITH ALL
APPLICAPLE RULES AND REGULATIONS
I, .:agree to complete the required
restoration.outlined in the above Restoration Plan'to satisfaction of Town.of.Holden _
Beach's CAMA Local Permit Officers by June 16, 2001,or provide an.explanation for
non-compliance and a reasonable request fora time extension.
Signature
DATE:
F^�
oO�OG��`��'\
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May 22,2001
Douglas W. Gillette
Building Inspector
Rhonda Phillips
Local Permit Officer
Dear Doug and Rhonda,
As a new homeowner, at Holden Beach, I am very embarrassed to have received letters
from the town. Being excited about owning my first beach house I wanted to make all
necessary repairs.
As requested, I have stopped all work at the home.
Regarding the infraction of not obtaining a building and CAMA permit, I did not know a
building permit was required to repair the concrete. I have taken the step of hiring a local
contractor to guide me. I realize now that I was not fully aware of all the documents
needed.
I am meeting with the contractor this Friday.
or'before May 31'`
Sincerely,
David Lee.Forbis
1281umberton!Street
Bolden Beach, North Carolina
We will submit all documents required onP�
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'MAY 2 4 2001
TOWN OF H
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RESTORATION PLAN --
If you can provide proof of valid Minor LAMA Permit please provide to out office as
soon as possible. If a valid permit cannot be submitted to our office the following
restoration will be necessary.
I. REMOVE ALL CONCRETE THAT IS LOCATED WITHIN THE
30 FOOT BUFFER AREA (the area located a distance of 30 feet
landward of the normal high water level which in this case will be the
bulkhead).=kLWq0'r-,0n.4 G o4-1rvcoei"cD r,v C447t- co,✓.{71 ,;=zmf G/'SGt
s/ �P7pD ,f't�QcyrJ �Y .E'r7iaQF3sccT'. !"
2. CONTACT THE TOWN OF HOLDEN BEACH AND APPLY FOR
THE NECESSARY PERMITS TO CLARIFY IF REMAINDER OF
THE CONCRETE AREA IS CONSISTENT WITH ALL
APPLICAPLE RULES AND REGULATIONS
I, L e�e T h'`S , agree to complete the required
restoration outlined in the above Restoration Plan to satisfaction of Town of Holden
Beach's CAMA Local Permit Officers by June 16, 2001 or provide an explanation for
non-compliance and a reasonable request for a extens n.
Signature
DATE:
E'd 91E62"016 HOH38 N30lOH 30 WM01 dao:s0 t0 io des

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NCDENR
North Carolina Department of Environment and Natural Resources
Division of Coastal Management
Michael F. Easley, Governor Donna D. Moffitt, Director
September 10, 2001
CERTIFIED MAIL 7001 0320 0003 0382 8362
RETURN RECEIPT REQUESTED
David Forbes
520 Valley Road
Fayetteville, NC 28305
RE: Letter of Assessment for: CAMA Violation /f01-29D
Dear Mr. Forbes:
William G. Ross Jr., Secretary
This letter is in reference to the Notice of Violation sent to you on May 16, 2001, by the Town of Holden
Beach for the unauthorized development activity, at your property located 128 Lumberton, Holden Beach,
Brunswick County. The violation involved three (3) concrete slaps poured within the 30' buffer area with no
CAMA Minor Permit, 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 $100.00 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 $100.00 made payable to the North Carolina Department of Environment and Natural Resources
(DENR); 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, North Carolina 28405-3845
Phone: [phone]\Fax: [phone] \ Internet: http://dcm2.enr.state.nc.us
An Equal Opportunity \ Affirmative Action Employer - 50% Recycled \10% Post Consumer Paper

Mr. David Forbes
September 10, 2001
Page Two
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/trw
Enclosures
cc:
Scott Jones
Janet Russell, Field Representative
Jeff Richter, COE
Rhonda Phillips, LPO
rA

WAIVER OF RIGHT TO ADMINISTRATIVE HEARING _.
AND 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 $100.00 against me for violation of the Coastal Area Management
Act, NCGS 113A-100 et sec , 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 May 16, 2001, voluntarily waive my legal right
to, an -administrative hearing, and agree to pay the civil assessment of $100.00. I understand that in doing so,
I also hereby foreclose any right of appeal to the Superior Court of North Carolina.
DATE SIGNATURE
ADDRESS
TELEPHONE NUMBER
NOV # - 01-29D

Scat- ,.,r
C0AT,.
RESTORATION PLAN
If you can provide proof ofa valid Minor CAMA Permit please provide to out office as
soon as possible. If a valid permit cannot be submitted to our office the following
restoration will be necessary.
I. REMOVE ALL CONCRETE THAT IS LOCATED WITHIN THE
30 FOOT BUFFER AREA (the area located a distance of 30 feet
landward of the normal high water level which in this case will be the
bulkhead).1kbkQO'r-,fr 4 Arcs A-1Z, s.✓ C*Qw— eewxm,�mxtJ G
/-&WV - nsr7ar> 6 s/o� yPcaefa2.p>�p �G?2CSJ $Y etr7`LiQO[C�-. /�SLi
2. CONTACT THE TOWN OF HOLDEN BEACH AND APPLY FOR i
THE NECESSARY PERMITS TO CLARIFY IF REMAINDER OF
THE CONCRETE AREA IS CONSISTENT WITH ALL
APPLICAPLE RULES AND REGULATIONS
I, Z e�C-r�7-S , agree to complete the required
restoration outlined in the above Restoration Plan to satisfaction of Town of Holden
Beach's CAMA Local Permit Officers by June 16, 2001 or provide an explanation for
non-compliance and a reasonable request for a eater" -n�.. o
Signature
DATE: 69 _, S -0
E-d STE6Zb80T6 HOH30 N3aioH Ao wmai d20=S0 TO b0 dos

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NCDENR
North Carolina Department of Environment and Natural Resources
Division of Coastal Management
Michael F. Easley, Governor Donna D. Moffitt, Director William G. Ross Jr., Secretary
September 10, 2001
CERTIFIED MAIL 7001 0320 0003 0382 8362 C
RETURN RECEIPT REQUESTED �A`
David Forbes
520 Valley Road
Fayetteville, NC 28305
RE: Letter of Assessment for: CAMA Violation #01-29D
Dear Mr. Forbes: M 0
b
This letter is in reference to the Notice of Violation sent to you on May lb, 2001, by the Town of Holden
Beach for the unauthorized development activity, at your procated 128 Lumberton, Holden Beacfi,
Brunswick County. The violation involved three (3) concret slaps oured within the 30' buffer area with no
CAMA Minor Permit, which is an Area of Environmental oncern 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 $100.00 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 $100.00 made payable to the North Carolina Department of Environment and Natural Resources
(DENR); 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 willfforward 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, North Carolina 28405-3845
Phone: [phone]\Fax: [phone] \ Internet: hftp://dcm2.enr.state.nc.us
An Equal Opportunity 1 Affirmative Action Employer - 50% Recycled \10% Post Consumer Paper

f
Mr. David Forbes
September 10, 2001
Page Two
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/trw
Enclosures
cc: Charles S. Jones
Janet Russell, Field Representative
Jeff Richter, COE
Rhonda Phillips, LPO
C

WAIVER OF RIGHT TO ADMINISTRATIVE HEARING
AND 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 $100.00 against me for violation of the Coastal Area Management
Act, NCGS 113A-100 et sec , 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 May 16, 2001, voluntarily waive my legal right
to an administrative hearing, and agree to pay the civil assessment of $100.00. I understand that in doing so,
I also hereby foreclose any right of appeal to the Superior Court of North Carolina.
T�
DATE SIGNATURE
ADDRESS
TELEPHONE NUMBER
NOV # - 01-29D

copw4scdiAllh,
Y DCM ENFORCEMENT REPORT
(Use for Wdven) .. -
Case #: 7
Permit #: 2 cn/-6; VJ0, /04 ons rltant:
Name: ��%bes Address:Q �(){ fE `%
City: �( �/1 C' r State: a
Zip: -ML5- Phoae #:
Couuty-IaLu,L Nearest Water Body;
State Plane X:
LPO: Y( c)
�uJ ! k Locatrty State Plane Y:
Vio Descp: n p
wnr.�rn✓ .I TT-�r--;+. (o X 1�5' Q ('�%(! rP% D MI4K)r mr1_ r), ,. it. -1 , . .
"0 4R-y ti:1 - T1, j0 Ca+C, , n c30 r p rem, �, rl
NOV Sent: / / Violation: Major:_ Minor: n� Of j yr
JII Cond:_ CAMA;_ D&F:
Restore: Vps Requested: _ / / ��2� ����
/ ,� p Completed: 1
ill
Estuary: Pub Trst: _ (fd Shoreline: _ Ocean Hz:
._ Oth
er:_
pr; Nurs: —(U.) off) _jy')
Wetlands. Na muIr,4h5 V10 [0.l or,J U ORW:
(Y-I 1A,.1Ir11,AA QYe ro-f
SA: DS: I Cd:
SS: SC: SP: TY:
IF: BF: WS:
MF:
TYPE EXCAVATE
(�A (se.�t.) FILLED RESTORE l OT E FR
(Sq•J (Se•Ft.) f
(Sq.FY.)
******* ASSESSMENT & DISPOSMON *******
Recommended Assmt: Is IOQ_° References: 7J. O
- �Criteria:
A3 23 Q�
Report Rcvd: / / Assessed: $
To AG: / / To Violator.
Payment Received: S On: ! /
Case Closed:
i Of Violators: Total Assessment: $
-- --__ Total Received: $
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