14-16D Flora Landscapes

Pat McCrory
Governor
A
MEOIR
North Carolina Department of Environment and Natural Resources
NOTICE OF VIOLATION
September 9, 2014
CERTIFIED MAIL 70110110 0000 9947 2499
RETURN RECEIPT REQUESTED
Flora Landscapes
c/o Neil Taylor
108 Giles Avenue 103
Wilmington, NC 28403
John E. Skvarla, III
Secretary
RE. NOTICE OF VIOLATION AND REQUEST TO CEASE UNAUTHORIZED DEVELOPMENT
CAMA VIOLATION #14-16D
Dear Mr. Taylor:
This letter is in reference to my August 26, 2014 site visit onsite at Mr. Michael Boggio's property located at
7316 Fisherman Creek Road (Lot 2R in Vantage Point) adjacent to Howe Creek, located in Wilmington,
New Hanover County, North Carolina. The purpose of the onsite meeting was to investigate unauthorized
development on the aforementioned property. This letter also references our August 25, 2014 phone
conversation regarding this matter
Information gathered by me for the Division of Coastal Management indicates that your actions as
contractor for Mr. Michael Boggio are in violation of the Coastal Area Management Act (CAMA). No person
or entity may undertake major development in a designated Area of Environmental Concern (AEC) without
first obtaining a permit from the North Carolina Department of Environment and Natural Resources
pursuant to the North Carolina General Statutes (N.C.G.S.) 113A-1 18.
I have information that indicates Flora Landscapes has undertaken or are legally responsible for the
placement of fill in an area measuring approximately 156 ft. long by 110 ft. wide (-17,160 sq. ft.) on the
aforementioned property. This activity took place in the 575 ft. Estuarine Shoreline Area AEC that is
contiguous with Howe Creek. The waters of Howe Creek have been classified as Primary Nursery Area
(PNA) by the Division of Marine Fisheries and this area of Howe Creek is classified as Outstanding
Resource Water (OR" by the Environmental Management Commission (EMC). Estuarine Shoreline
areas are designated as Areas of Environmental Concern (AEC). No CAMA 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 rb�
127 Cardinal Drive Ext., Wilmington, North Carolina 284053845 SEP 1 1 2014
Phone: [phone]\ FAX: [phone] \ Internet: www.n-coastalmanagement.net
An E ual 0 rtun \ Affirmative Action Em to or — 50% RecY -led \ 10% Post Consumer Paper
4 FPo dY P Y TC.V11. Mc.r1Y

Flora Landscapes
c/o Mr. Neil Taylor
September 9, 2014
Page 2 of 2
matter. A civil assessment of up to $10,000 plus investigative costs 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 $10,000. An injunction or criminal penalty may also
be sought to enforce any violation in accordance with N.C.G.S. 11 3A-1 26.
It is the policy of the Coastal Resources Commission to assess a civil penalty plus investigative costs
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 that were affected and the
extent of the damage to them.
Based upon the North Carolina Administrative Code, Title 15A, Subchapter 7J.0409(g)(4)(E), the policy of
the Coastal Resources Commission is to levy a civil assessment against contractors in addition to that
assessed against the landowner. Therefore, you should expect a civil assessment to be levied against you.
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 and whether the site
has been stabilized. I have enclosed a copy of the Restoration Plan that was sent to Mr. Boggio and a
copy of the Jurisdictional Boundary Map for this property signed by a representative from the USACE on
March 20, 2002. Please feel free to contact me at 910-796-7425 if you have any questions.
Sincerely,
Tara MacPherson
Coastal Management Representative
Cc: Debra Wilson, District Manager, DCM
Roy Brownlow, Compliance Coordinator, DCM
Ken Vafier, LIDO
Emily Hughes, USACE
Chad Coburn, DWR
't RECEN]EA
s -P 11 2014
ncm-mmc>fy
127 Cardinal Drive Ext., Wilmington, North Carolina 28405-3845
Phone: [phone] FAX: [phone]Internet: www.nocoastaimanagement.net
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U.S. ARMY CORPS OF ENGINEERS
Wilmington District
Action Id. 200200565 County: New Hanover Quad: Scotts Hill
Notification of Jurisdictional Determination
Property, owner: Wrangell Homes, Inc. Agent: Mitchell and Associates
Address: Attn: Ken Wrangell Attn: David Scibetta
7417 Fisherman Creek Drive 3973-B Market Street
Wilmington, NC 28411 Wilmington, NC 28403
Telephone: [phone] [phone]
Zone: 18 UTM: North: 3794267 East: 240512
Size and Location of Property (waterbody, Highway usmalnumber, town, etc.): Approximately 0.8 acre located at 7417
Fisherman Creek Drive (lot 26R), east of Cavil. Farm Road, in Vantage Point Subdivision, adjacent to Howe Creek, in
Wilmington, New Hanover County, North Carolina.
Basis of Determination: There are wetlands on the site described above (see attached wetland data sheets) that are adjacent to
Howes Creek. Determination is based on information submitted by David Scibetta of Mitchell and Associates on March 1, 2002,
and a field visit by Angie Pennock on March 5, 2002.
Indicate which of the following apply:
There are wetlands on the above described property which we strongly suggest should be delineated and surveyed. The
surveyed wetland lines must be verified by our staff before the Corps will make a final jurisdictional determination on
your property.
Because of the size of your property and our present workload, our identification and delineation of your wetlands cannot
be accomplished in a timely manner. You may wish to employ a consultant to obtain a more timely delineation of the
wetlands. Once your consultant has flagged a wedand line on the property, Corps staff will review it, and, if it is accurate,
we strongly recommend that you have the line surveyed for final approval by the Corps. The Corps will not make a final
jurisdictional determination on your property without an approved survey.
X The wetlands on your lot have been delineated, and the limits of Corps iurisdiction have been explained to you.
period not to exceed five years from the date of this notification.
There are no wetlands present on the above described property which are subject to the permit requirements of Section
404 of the Clean Water Act (33 USC 1344). Unless there is a change in the law or our published regulations, this
determination may be relied upon for a period not to exceed three years from the date of this notification.
X The project is located in one of the 20 Coastal Counties. You should contact the nearest State Office of Coastal
Management to determine their requirements.
Placement of dredged or fill material in wetlands on this property without a Department of the Army permit
is in most cases a violation of Section 301 of the Clean Water Act (33 USC 1311). A permit is not required
for work on the property restricted entirely to existing high ground. If you have any questions regarding the
Corps of Engineers regulatory program, please contact Angie Pennock at (910) 2514611.
Property owner/Authorized Agent Signature Project Manager Signature
Date March 20, 2002 Expiration Date March 20, 2007
SURVEY PLAT OR FIELD SKETCH OF DESCRIBED PROPERTY AND THE WETLAND
DELINEATION FORM MUST BE ATTACHED TO THE F CWpTHIS FORM.
CESAw Form 566
SEP 1 1 2014 �� o-v
DC1:-1v11 ary

Applicant: Wrangell Homes, Inc. File Number: 200200565
Date: 03,20.02
Attached is:
See Section below
INITIAL PROFFERED PERMIT (Standard Permit or Letter of permission)
A
PROFFERED PERMIT (Standard Permit or Letter of permission)
B
PERMIT DENIAL
C
X
APPROVED JURISDICTIONAL DETERMINATION
D
PRELIMINARY JURISDICTIONAL DETERMINATION
E
SECS I0NNInV oTlS)�'rgWi` t
�i�emsmon: Aadihorial mformatiomm matir e.oun _ti 'n. ce:
Coms.regulations,.at_33 CFR Part 131, °
A: INITIAL PROFFERED PERMIT: You may acceptor object to the permit,
• ACCEPT: If you received a Standard Permit, you may sign the permit document and return it to the district engineer for final
authorization. If you received a Letter of Permission (LOP), you may accept the LOP and your work is authorized. Your
signature on the Standard Permit or acceptance of the LOP means that you accept the permit in its entirety, and waive all rights
to appeal the permit, including its terms and conditions, and approved jurisdictional determinations associated with the permit.
• OBJECT: If you object to the permit (Standard or LOP) because of certain terms and conditions therein, you may request that
the permit be modified accordingly. You must complete Section II of this form and return the form to the district engineer.
Your objections must be received by the district engineer within 60 days of the date of this notice, or you will forfeit your right
to appeal the permit in the future. Upon receipt of your letter, the district engineer will evaluate your objections and may: (a)
modify the permit to address all of your concerns, (b) modify the permit to address some of your objections, or (c) not modify
the permit having determined that the permit should be issued as previously written. After evaluating your objections, the
district engineer will send you a proffered permit for your reconsideration, as indicated in Section B below.
B: PROFFERED PERMIT: You may accept or appeal the permit
• ACCEPT: If you received a Standard Permit, you may sign the permit document and return it to the district engineer for final
authorization. If you received a Letter of Permission (LOP), you may accept the LOP and your work is authorized. Your
signature on the Standard Permit or acceptance of the LOP means that you accept the permit in its entirety, and waive all rights
to appeal the permit, including its terms and conditions, and approved jurisdictional determinations associated with the permit.
• APPEAL: If you choose to decline the proffered permit (Standard or LOP) because of certain terms and conditions therein, you
may appeal the declined permit under the Corps of Engineers Administrative Appeal Process by completing Section II of this
form and sending the form to the division engineer. This form must be received by the division engineer within 60 days of the
date of this notice.
C: PERMIT DENIAL: You may appeal the denial of a perrmit under the Corps of Engineers Administrative Appeal Process
by completing Section II of this form and sending the form to the division engineer. This form must be received by the division
engineer within 60 days of the date of this notice.
D: APPROVED JURISDICTIONAL DETERMINATION: You may accept or appeal the approved JD or
provide new information.
• ACCEPT: You do not need to notify the Corps to accept an approved JD. Failure to notify the Corps within 60 days of the
date of this notice, means that you accept the approved JD in its entirety, and waive all rights to appeal the approved M.
• APPEAL: If you disagree with the approved JD, you may appeal the approved JD under the Corps of Engineers Administrative
Appeal Process by completing Section II of this form and sending the form to the division engineer. This form must be received
by the division engineer within 60 days of the date of this notice.
E: PRELIMINARY JURISDICTIONAL DETERMINATION: You do not need to respond to the Corps
regarding the preliminary JD. The Preliminary JD is not appealable. If you wish, you may request an
approved JD (which may be appealed), by contacting the Corps district for Ruther instruction. Also you
!HEE CErft
provide new information for further consideration by the Corps to reevaluate the JD.
SEP 11 2014
nrv_r,.cn.,..T..

REASONS FOR APPEAL OR OBJECTIONS: (Describe your reasons for appealing the decision or your objections to an
initial proffered permit in clear concise statements. You may attach additional information to this form to clarify where your reasons
or objections are addressed in the administrative record.)
RECEIVED
SEP 112014
DNMHDCfrY
record of the appeal conference or meeting, and any supplemental information that the review officer has determined is needed to
clarify the administrative record. Neither the appellant nor the Corps may add new information or analyses to the record. However,
you may provide additional information to clarify the location of information that is aIr y in the administrative record.
]i you have questions regurdmg this dacis
process you may contact:
Ms. Angie Pennock
United States Army Corps of Engineers
Wilmington District, Regulatory Division
69 Darlington Avenue
Wilmington, NC 28402-1990
also contact:
Mr. Arthur Middleton, Administrative Appeal Review Officer
or [phone] CESAD-ET-CO-R
U.S. Army Corps of Engineers, South Atlantic Division
60 Forsyth Street, Room 9M15
Atlanta. Georgia 30303-8801
r RIGHT OF ENTRY: Your signature below grants the right of entry to Corps of l ngmeers personnel, anci any government
rt consultants, to conduct investigations of the project site during the course of the appeal process. You will be provided a 15 day
notice of any site investigation, and will have the opportunity to participate in all site investigations.
or

ATTm HOWES CREEK
0 EXISTING IRON NE .,
p EXISTING MONUMENT _
(CONTROL POINT) - 54
ZtE 11NEi -'
531,54 W 117.
5T( I
LOCAnON MAP
NOT TO xaLr
THIS LOT IS LOCATED IN ZONES "C' k •A-10• (EL 11)
ACCORDING TO THE FEDERAL EMERGENCY MANAGEMENT
AGENCY'S FLOOD INSURANCE RATE MAP, COMMUNITY
PANEL NUMBER 370166 OW E DATED: 9-3-92.
AREA= 0.80 AC.*
RATIO OF PRECISION = 1:10,000 +.
IMPERVIOUS AREA = 2,853 S.F.
2AISIGIIE ff 7FE US AINY MWS OF DMEEM Z
AIM PLAT MEW M AS RER� ALL ARFAS m VMR (25131 u
EG11AIM PUIR W M SMT4N 404 O' M OEW WATER c
MT AS DE1E WO BY 1E WOE190FD ON MS um im •../ G
IEIE)t UTO O' SM701 404 AMC= MAY BE RM
,POI Fm A FEAm MOf m E1Z4FD S *AR5 FRm 10. WE
M CEMMATIm WAS MADE UMJ MC 1E 1067 CM O:
710MM VERM DIMDO1m MMUL
i8 fti-4h •good
SAff➢ f� DATE
7417 1`15HBOAAN CFM DR
WRMINGfON, NC 28411
FJj��
0
s*
404 WETLAND
0.48 ACt
UPLAND
. p.32 ACf
PROPOSED
DWELLING
U
eT
C0�
m
u *�
FISHERMAN CREEK---�RI
D=43' 285.6
'37" R,g10' T 365.08
N83-59-77-E CH.331.64
Q
7
ID, UTILITY
EASEMENT _
r
p=41'29'50"
R=398.74
T=151.06
3 JURISDICTIONAL BOUNDARY MAP
EXCLUSIVELY FOR
>I� \A/RoAN4GELL "CDN1ffS, INC.
LOT 26R VANTAGE POINT
gp911'1WSrXCORDED IN MAP BOOK PAGE OF THE NEW HANOVER COUNTY REGISTRY
--)"RO(/N",,FIARNETT TOWNSHIP NEW HANOVER COUNTY NORTH CAROLINA
O'..SSIpy ;7 51%:E. 1' = 50' j i • FEBRUARY 28, 2002
az Ail
1p RECEIVED
SEP 11 20'
z: ARNOLD W. CARSON. PLS PC PRELIMINARY
9ni 406 NORTH THIRD STREET NOT FOR RECORDATION,
f "99' SU %`' WILMINGTON, NC 28401 CONVEYANCES OR SALES
C) [phone] PURPOSES.
.M 1 50, 0 50' 100' 150'
(26R.dwg

DCM ENFORCEMENT TRACKING REPORT
t\
Issuer Violation Case No.
field Rep. 2LNU9
Initial Discovery Date
Violation gescription
Address
Fax
City
Permit
Was activity
(if applicable)
3
Violation Type: Project Type: Authorizations Required: Site Visits Respondent Site Visits Respondent
Present Present
No Permit 4 Private/Community Mal or LAMA t.
Permit Condition Govt./Publ c Minor D&F r
r] Expired Permit:, Commercial General
(] Inconsistentw/ Rules Tier Level: I II III
Violation Location and Site
Project Location: County .1144
Street Address/ State Road/ Lot #(a)
Subdivision
City
Phone #(
Adj. Wtr. Body Q
Closest Maj. Wtr. Body
Lat/Long
Shoreline Length \
SAV: Not Sure Yes No
Sandbags: Not Sure Yea go
PNA: No Adjacent
ORW: so
No Adjacent
Cdt. Hab. Yes Photos
Waiver Required Yes
In DWQ Buffer Area Yes r 01
Specify DWQ Buffer if applicable: J�
Kestoratlon
Extension Granted
NOV Date, Initial Req. Comp, Date
Restoration Letter
CNOV Date Date Comp. Observed Acceptance Date
Penalty Assessment
Sent to Respondent Date AP!'�ye�
Penalt
Rcvd. by Dist. Mgr. Date
WilifuVlntent.
Assessment Extended Yes No
,* , RECEIVED Continuing
SEP 11 2014
Yes No
7J.0409 Ref.
Recomm. Assess.
DCM Assess.
$
$
$
$
.Total
DCM MIiD CITY

Formal Assessments, Appeals and Reductions
bate Long Form Submitted Assessment Appealed: Yes No
Date Formal CPA Submitted
Q Penalty modified
Final Assessment$ Date
Attorney General's Office for Injunction or Formal Collection
Date sent to AG Respondent not responsive to penalty/NOV 0 Injunction to complete restoration
Date Collection Letter Sent Date Demand Letter Sent
Violation Activities and Impacts
AECs Affected: Wetlands Impacted Yes No If yes, which types:
CW EW PTA PTS
OEA HHF IH URA WA SA DS CJ SY JR Wi--� TY
PWS: FC: Ss sC SP IF 8F 404
Other: ev l i V XW
Restoration Required by the Respondent �feS7'N6
Dimensions in excess
of permitt unauthorized activities
Dimensions to restore
Final dimensions
allowed
Actually restored
Oevef'opmentAdiwtfes
, ,".�.
v. "
k M _w. M
.,
. }
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H'atiitat Descnptrob'
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*iK
NOTES:
SEP 11701,
Closing
Payment Received $ Date Date Case Closed