05-14V LFL Properties LLC

a� Wiry v�
.,� Brunswick County Planning Department
may, J P.O. Box 249
75 Courthouse Drive N.E., Bldg I
~ Bolivia, NC 28422
NOTICE OF VIOLATION
03-Jun-05
LFL Properties LLC
%Rick Ward
PO Box 1543
Lumberton NC 28359
RECEIVED
DCM WILMINGTON, NC
JUN 0 7 2005
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 (CAMA L.ocaFPermtit Officer) was
onsite at your property located at 95 Genoe's Court SW, adjacent to Lockwood Folly River
located off SR I 1 i 9, 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 fill dirt] within the Lockwood Folly River.
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 placing fill dirt on the aforementioned property. This activity
took place in the estuarine shoreline that is contiguous -with the Lockwood Folly River. 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
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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).
incerely, '4. n ' �"0 �EGEIV EDN Nc
FtY�Jv' pOMWILM�NGTO
Connie Marlowe j�N 0 2005
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
DCM WILMING
30N 0 110
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,
stabilize the area.
agree to install a silt fence at the top of the slope and
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.
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.

RECEIVE
DCM W►LM►NGTON '��
JUN 0 7 2005
DCM ENFORCEMENT REPORT
(Use for Walrus)
Case /I: Permit if: Consultant:
Name: LFL Properties LLC (%Rick Ward) Address: 95 Genoe's Court SW
City: Supply
State: NC Zip: 28462 Phone i/: (910) 740_7000
County: Brunswick Nearest Water Body: lod4.md mily Ri.�r State Plane X•
LPO: Connie Marlowe Locality: Brunswick
State Plane Y:
Vio Descp: Grading and Placement of Fill Dirt within 75' of Normal Water Level
NOV Sent: 06,03 / 05 Violation: Major: Minor: X Perm Cond:_ CAMA: D&F:
Restore:
Requested:
Estuary: X Pub Trst: _ Shoreline: T Ocean Hz: _
Wetlands:
(FwN.)
Completed: / !
(No) ta.Y) r
Other: _ Pri Nurs: _ ORNV:
SA:
DS:
CJ:
SY:
JR:
LS:
TY:
SS:
SC:
SP:
IF:
BF:
WS:
MY:
TYPE
(AEC)
EXCAVATE
(Sq.FY)
FELLED
(Sq.Ft)
RESTORE
OTHER
(Sq.Ft.)
IL—
******* ASSESSMENT & DISPOSITION *******
Recommended Assmt: $ 5o,nn References: 7J.09D9(F)(5)(A) Criteria:7/L91
Report Rcvd: / / Assessed: $ To AG: / / To Violator: /
8 Payment Received: $ On:
i Of Violators: Total Assessment: $
Case Closed:
Total Received: $

Planning Dept
Jun 09 05 04:08p
'-o W.-oh';
Brunswick County Planning
P.O. Bog 24920 Referendum Drive N.E.
Bolivia, North Carolina 28422
DATE: \q�i S
TO:n
FROM: (�) V); c h'_i�'"4 r jolnre.
Fax Cover Sheet
9102532437
TIME:
P-Alj P
PHONE:
FAX:
556.26Lt
PHONE:
FAX:
RE: 1V �J V �hwoL an P I G !/) -
c:
Number of pages including cover sheet: G
Comments:
--L
0
If you have any problems with this transmission, please call [phone] and
ask for Comae Marlowe.
TELEPHONE [phone] • [phone] • FAX [phone]

Jun 09 05 04:09p Planning Dept 9102532437 " p.2
RESTORATION PLAN
LFL Properties LLC (%Rick Ward)
95 Genoe's Court SW, Brunswick County
Based upon the North Carolina Administrative Code, Title 15A, Subehapter 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 073.201, 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.
Thi:xefore, 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.
1, _R t LIt \'J {ice 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 1
Management by 17-Jun-05, or provide an explanation for non-compliance and a'
reasonable request for time extension.
•r
Signature:
Date:
It is the policy or the Coastal Resources Commission to levy a minimum civil assessment Y50.00 and higher against sit
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 Ieviel and an injunction sought to require restoration. .

RECEIVED
DCM WILMINGTON, NC
RESTORATION PLAN JUN 13 2005
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.
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, R 1 G1` W A 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.