20011043 Ver 1_Notice of Violation_20100720

ATE,
State of North Carolina
ROY COOPER
ATTORNEY GENERAL
Department of Justice
PO BOX 629
Raleigh, North Carolina
27602
July 15, 2010
Mr. Talmadge Phillips
1008 Hidden Jewel
Wake Forest, NC 27587
Re: Trespass and Injury to State Owned Lands
Smith and Austin Creek Property
Dear Mr. Phillips:
01- IY43
Reply to: Ann W. Matthews
Property Control Section
Telephone: [phone]
FAX: [phone]
amatthevvs(iz?ncdoi.aov
JUL 20 DE;VR • 41LiTER pUALITY
WETLANDS AND STCRA2/=.4'rR BRANCH
As you are aware, the State on North Carolina owns a tract of land located between
your property line and the Smith and Austin Creek in Wake Forest, NC. The Ecosystem
Enhancement Program for the North Carolina Department of Environment and Natural
Resources had planted trees and vegetation on this State owned property and in late 2008-
early 2009 the State had a fence installed to visibly delineate the property line. You have
been notified on several prior occasions that because of restrictions placed on this property
it is not to be mowed but you have had the State's property mowed along with your property
in violation of these restrictions and repeated requests to cease and desist trespass and injury
to this State owned property.
During a recent routine site inspection by State employees, it was observed that
again you have mown the grass on the property owned by the State which you know to be
prohibited. I would request that you and any maintenance contractors observe the property
line and do not damage or disturb any vegetation on the State owned property adjacent to
your property. In addition to being prohibited by the State's Neuse River buffer regulations,
cutting of vegetation on this property is also prohibited as a result of the restrictions placed
on the property and its status as a compensatory mitigation site.
Talmadge Phillips
July 15, 2010
page 2
I would appreciate your cooperation in respecting the State's property and its right to
restrict the mowing of vegetation on this property. If you do not cease and desist the
mowing of this State owned property, legal action may be instituted to enjoin your trespass
and seek the recovery of damages incurred as a result of your actions. I hope this will be the
last correspondence that you receive from the State on this issue and no further action will
be required but please know that this property is monitored and checked on a regular basis
and any further violations may result in legal action to resolve this matter.
Very truly yours,
Ann W. ws `-°
Assistant Attorney General
cc: Manly Wilder, Dep. Dir., Natural Resources, NCDENR
David Knight, Asst. Sect., Natural Resources, NCDENR
Bill Gilmore, Dir., EEP, NCDENR
Andy Ammons, Ammons Development Group
AWM/s
Enclosure