18-20A Burleson

r
Coastal Management
ENVIRONMENTAL OUALITV
May 18, 2018
Robert & Brenda Burleson
6000 Colby Hunt Court
Haymarket, VA 20169
-- ROY COOPER
Govemom'
MICHAEL S. REGAN
Secretary
BRAXTON C. DAVIS
DheOor
RE. Payment of Proposed Penaltyfor Violations of the Coastal Area ManagementAct,
Currituck County, CAMA Violation #18-20A
Dear Mr. & Mrs. Burleson:
This letter will acknowledge receipt of check #6639 in the amount of $432.00, and dated
05/14/18. Once the amount of the check is credited to the Department of Environmental
Qualit/s account, this matter will be fully and completely closed.
If you have any further questions concerning this matter, please contact me at my Elizabeth
City office at 252-264-3901.
Sincerely,
/
sl/
Frank Jennin s, District Manager
Northeastern District
Division of Coastal Management
FJ/eg
cc: Roy Brownlow, Compliance Coordinator, DCM, Morehead City
Ron Renaldi, Coastal Management Representative, DCM
MAY 292018
"I
,- � Nothing Compares DCM-t HD CITY
State of North Carolina I Environmental Quality I Coastal Management
401 S. Gnflin St., Ste 3001 Elizabeth City, NC 27909 _
252-264-39011252-331-2951 [fax] _ _ _---

n
Received
Received
CAMA VIOLATION #18-20A NIA d
CM Robert & Brenda Burleson DCM-EC
AGREEMENT TO PAY PROPOSED CIVIL ASSESSMENT
I understand that the staff of the Department of Environmental Quality will propose the assessment of a civil
penalty in the amount of $432.00 against me for violation of the Coastal Area Management Act, NCGS 113A-
100 et sec, committed on or near property located at 860 Drifting Sands Drive in Currituck County, North
Carolina. 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 March 20, 2018, and agree to pay the
proposed civil assessment of $432.00.
'Iy-/�/
DATE
SIGNATURE
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ADDRESS
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TELEPHONE NUMBER
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RECEIVE[)
MAY 2 9 2018

NC Division of Coastal Management
Cashier's Official Receipt
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Received From: aereA ��IeSD�i
Permit No.: id� ,— t'eee-
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Applicant's Name:
Project Address: V
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Date: s k 20
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Check No.: r
County: I/f
Please retain receipt for your records as proof of payment for permit issued.
Signature of Agent or Applicant: n ,
Signature of Field Representative
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Date: Im,11r
Date: yr � i

ROY COOPER
cm:ernnr
r;'a
MICHAEL S. RE
GAN
rn'emry
CaastalManagement BAAXTON DAVIS Due,m
ENVIRONMENTAL. QUALM
April 25, 2018
Robert & Brenda Burleson
6000 Colby Hunt Court
Haymarket, VA 20169
RE: RESTORATION ACCEPTANCE — CAMA VIOLATION #18-20A
Dear Mr. & Mrs. Burleson:
This letter is in reference to the Notice of Violation #18-20A sent to you dated March 20, 2018 for the
unauthorized installation of a floating drive -on boat platform and smaller floating platform that was installed
on an existing shared pier within the Public Trust Area of the Currituck Sound. The violation took place on
your property located at 860 Drifting Sands Drive in or near the community of Corolla in Currituck County,
North Carolina. This unauthorized activity constituted development and you were requested to submit
written documentation from Monteray Shores Owners Association as well as the two additional property
owners who share the use of the pier with you stating they have no objection to the floating drive -on boat
platform and smaller floating platform. In accordance with the North Carolina Administrative Code, Title
15A, Subchapter 7J.0410, any violation involving development which is inconsistent with guidelines for
development within Areas of Environmental Concern (AEC) must be corrected by restoring the project site
to pre -development conditions to recover lost resources or to prevent further resource damage.
I spoke with Ron Gornstein, the ASC committee chairman representing Monteray Shores Owners
Association on April 10, 2018 and received the email you forwarded from him on April 12, 2018 in which it
was stated that there is no objection to the floating platforms. I also received your email on April 25, 2018
that included a shared pier agreement between yourselves and the two property owners that share the pier.
Upon my submission of an enforcement report, you will be notified as to the amount of the civil penalty for
undertaking this unauthorized activity within an Area of Environmental concern.
Thank you for your attention and cooperation in this matter. If you have any questions pertaining to this
matter, please feel free to call me at [phone].
Sincerely,
Ron Re
Field Representative
NC Division of Coastal Management
Cc: Frank Jennings, District Manager, DCM
Roy Brownlow, Compliance Coordinator, DCM
Kathy Scott, General Manager, Monteray Shores, Corolla
State of North Carolina I Environmental Quality I Coastal Management
401 S Griffin Street I Suite 3001 Elizabeth City, NC 27909
252-264-3901
APR 3 0 2018
DC M-MHD CITY

Coastal Management
ENVIRONMENTAL QUALITY
May 7, 2018
CERTIFIED MAIL #7017 3380 0000 3903 3607
RETURN RECEIPT REQUESTED
Robert & Brenda Burleson
6000 Colby Hunt Court
Haymarket, VA 20169
RE: CAMA VIOLATION #18-20A
Dear Mr. & Mrs. Burleson:
ROY COOPER
Gnvemrn
MICHAEL REGAN
Se, Terai.v
BRAXTON DAVIS
Dim, ,,
This letter is in reference to the Notice of Violation dated March 20, 2018 that Ron Renaldi,
representative for the Division of Coastal Management, issued to you for the unauthorized
installation of a floating drive -on boat platform and a separate smaller floating platform on
an existing shared pier at 860 Drifting Sands Drive, Currituck County. The violation
involved the Public Trust Area and Estuarine Waters, which are Areas of Environmental
Concern designated by the Coastal Resources Commission.
The Coastal Area Management Act provides that a civil assessment of up to $10,000 plus
investigative costs 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 Resources Commission, a proposed civil penalty in the
amount of $432.00 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 $432.00 made payable to the North Carolina Department of
Environmental Quality (NCDEQ); 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. RECEIVED
MAY 112018
DChfi-Mm Me
State of North Carolina I Environmental Quality I Comml Management
401 S. Gruen Street I Suite 300 1 Elizabeth City, NC 27909
252-264-3901

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 settlement 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,
Frank Jenni gs
District Manager, Northeastern District
NC Division of Coastal Management
Enclosures
cc: Roy Brownlow, Compliance Coordinator, DCM
Ron Renaldi, Coastal Management Representative, DCM

a
CAMA VIOLATION #18-20A
Robert & Brenda Burleson
AGREEMENT TO PAY PROPOSED CIVIL ASSESSMENT
I understand that the staff of the Department of Environmental Quality will propose the assessment of a civil
penalty in the amount of $432.00 against me for violation of the Coastal Area Management Act, NCGS 113A-
100 et sec, committed on or near property located at 860 Drifting Sands Drive in Currituck County, North
Carolina. 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 March 20, 2018, and agree to pay the
proposed civil assessment of $432.00.
DATE
SIGNATURE
ADDRESS
TELEPHONE NUMBER
MAY 112018

N
Coastal Management
ENV RON MENTAL QUALITY
NOTICE OF VIOLATION
March 20, 2018
CERTIFIED MAIL #7017 2680 0000 7708 9390
RETURN RECEIPT REQUESTED
Robert & Brenda Burleson
6000 Colby Hunt Court
Haymarket, VA 20169
ROY COOPER
Gm crrmr
MICHAEL S. REGAN
.Secrerurl
BRAXTON DAVIS
Director
RE: NOTICE OF VIOLATION AND REQUEST TO CEASE UNAUTHORIZED DEVELOPMENT
CANA VIOLATION #18-20A
Dear Mr. & Mrs. Burleson:
This letter confirms that on February 23, 2018, 1 was onsite at your property located at 860 Drifting Sands Drive
adjacent to the Currituck Sound located in or near Corolla, within the Monteray Shores subdivision, Currituck
County, North Carolina. The purpose of the visit was to investigate the unauthorized development of a floating
drive -on boat platform as well as a smaller floating platform installed on an existing pier within the Currituck Sound.
This letter also confirms our phone as well as emails dated March 71h, 81h & 151h, 2018.
Information gathered by me for the Division of Coastal Management indicates that you have undertaken major
development in violation of the Coastal Area Management Act (CAMA). No person may undertake Major
Development in a designated Area of Environmental Concern (AEC) without first obtaining a permit from the
North Carolina Department of Environmental Quality. This requirement is imposed by North Carolina General
Statute (N.C.G.S.) 11 3A-1 18.
I have information that indicates you have undertaken or are legally responsible for the installation of a floating
±23xl0' drive -on boat platform as well as a ±10.4'x5' floating platform on an existing pier and platform that is
located on a shoreline designated as a subdivision open space area owned by Monteray Shores Owners
Association. This activity took place in the Public Trust Area and Estuarine Waters that are contiguous with the
Currituck Sound. The Public Trust Area and Estuarine Waters areas are designated as Areas of Environmental
Concern (AEC). No CAMA permit was issued to you for work in these areas. 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. 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 besought to enforce any violation in accordance with N.C.G.S.
113A-126.
State of North Carolina I Environmental Quality I Coastal Management
401 S. Griffin Street I Suite 3001 Elizabeth City, NC 27909
252-264-3902 1252-331-2951 (fax)

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. The amount assessed will depend upon 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 07H.1200 General Permit for
Construction of Piers and Docking Facilities, the activity you have undertaken, the installation of a floating drive -
on boat platform and a smaller floating platform in the Public Trust Area and Estuarine Waters AECs, is not
consistent with 07H.1204(a) which states piers and docking facilities authorized by the general permit are for the
exclusive use of the riparian landowner. In this case, Monterey Shores Owners Association is the riparian
landowner. In 2004, Monterey Shores Owners Association requested and received permission from Currituck
County to allow non -riparian property owners adjacent to the open space area to construct piers through the open
space into the Currituck Sound if they approved of the development prior to permit issuance. In addition, two
adjacent properties share the use of the pier that the platforms were installed on. Per 7H.1205(u)(4), a written
agreement is required to be submitted from these owners prior to the issuance of a permit. Therefore, I am
requesting that you submit written documentation from Monteray Shores Owners Association and the adjacent
owners of 858 & 862 Drifting Sands Drive stating they have no objection to the floating platforms. If this
documentation cannot be provided, then the removal of the platforms will be required.
The enclosed Restoration Plan describes the action necessary to bring this project into compliance with the Act.
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 a court injunction being sought ordering compliance.
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 near future to determine whether this
REQUEST TO CEASE AND DESIST has been complied with.
Thank you for your time and cooperation in resolving this important matter. If you have any questions about this
or related matters, please call me at [phone]. Upon completion of the restoration as requested in the
Restoration Plan Agreement to the satisfaction of the Division of Coastal Management, you will be notified as to
the amount of the civil assessment for undertaking development without first obtaining the proper permit(s)
and/or development that is inconsistent with Coastal Resources Commission rules.
Sincerely,
Ron Renaldi
Coastal Management Representative
Cc: Roy Brownlow, District Manager, DCM
Kathy Scott, General Manager, Monteray Shores, Corolla
ENCLOSURE

RESTORATION PLAN
For
Robert & Brenda Burleson
CAMA Violation No. 18-20A
Property located at 860 Drifting Sands Drive, Currituck County
Submit written documentation from Monteray Shores Owners Association stating they have
no objection to the floating drive -on boat platform and smaller floating platform. If this
document cannot be provided, then the removal of the platforms will be required.
Submit written documentation from the property owner of 858 Drifting Sands Drive stating they
have no objection to the floating drive -on boat platform and smaller floating platform. If this
document cannot be provided, then the removal of the platforms will be required.
o The tax address listed for this owner is: RECE#VED
Steven & Anne Reynolds MAR �
5602 Snowy Owl Drive 2018
Fairfax, VA 22032
Submit written documentation from the property owner of 862 Drifting Sands Drive stating they
have no objection to the floating drive -on boat platform and smaller floating platform. If this
document cannot be provided, then the removal of the platforms will be required.
o The tax address listed for this owner is:
Stephen & Laurie Case
81 Coulter Street Unit 2
Old Saybrook, Ct 06475
We, Robert & Brenda Burleson, agree to the above restoration requirements.
I agree to complete this restoration to the satisfaction of the Division of Coastal Management (DCM) by April 21, 2018, or
provide an explanation for non-compliance and a reasonable request for time extension. When corrective actions are
complete, I will notify the DCM so the work can be inspected.
SIGNATURE:
DATE:
It is the policy of the Coastal Resources Commission to assess a civil penalty plus investigative costs against all violations. The amount
assessed will depend upon several factors, including the nature and area of the resources that were affected and the extent of the
damage to them. If restoration is not undertaken or satisfactorily completed, a substantially higher civil assessment will be levied and an
injunction sought to require restoration.