17-11D Smith

Coastal Management
ENVIRONMENTAL QUALITY
March 15, 2018
River Bluffs Development Corporation
c/o Mr. Burrows Smith
3571 Hansa Drive
Castle Hayne, NC 28461
z/
C�lJ a ROY COOPER
Governor
MICHAEL S. REGAN
Secretary
BRAXTON DAVIS
Director
RE: Closure Letter
Payment of Proposed Penalty for Violations of the Coastal Area Management Act,
Committed in New Hanover County
CAMA Violation #17-11D
Dear Mr. Smith:
This letter will acknowledge receipt of your check #4582 in the amount of $324.00 for the Notice of
Violation dated May 12, 2017 issued by Tara MacPherson, representative for the Division of Coastal
Management, for the unauthorized development located at Chair Road and the 1-140 Bypass in River
Bluffs adjacent to the Northeast Cape Fear River in Castle Hayne, New Hanover County, North Carolina.
Once the amount is credited to the account of the Department of Environmental Quality, this matter will
be fully and completely closed.
Thank you for your cooperation in resolving this violation. If you have any further questions concerning
this matter, please contact me at the Wilmington Regional Office, [phone].
Sincerely,
Debra D. Wilson
District Manager
cc: ` Roy Brownlow, Compliance Coordinator
Tara MacPherson, Coastal Management Representative, DCM
State of North Carolina I Environmental Quality I Coastal Management
127 Cardinal Drive Ext., Wilmington, NC 28405
910-796-7215
OARI�Z0
AGM- '1i140 C;JT%1

CAMA VIOLATION #17.11 D
River Bluffs Development Corporation
c/o Mr. Burrows Smith
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 $324 against River Bluffs Development Corporation for violation of the Coastal Area
Management Act, NCGS 113A-100 et sec, committed on or near property located at Chair Road and the 1-140
Bypass in. River Bluffs, Brunswick County, North Carolina. In order to resolve this matter with no further action
or expense on my part, I accept responsibility for the violation, on behalf of River Bluffs Development
Corporation, as described in the Notice of Violation letter dated May 12, 2017, and agree to pay the proposed
civil assessment of $324.
SIGNATURE
ADDRESS '
,TELEPHONE NUMBER
RECE NED
MAR 19 2018
uC �ii f SO
V j_;A NG� f ON.
State of North Carolina I Envirotmtentalf)w* I Coastal Management
Wgrniligton Office 127 CardkW Drive Extension I WWnington,Northfarouna 2WS I,
91079672LS

ENFORCEMENT TRACKING REPORT
Initial Discovery Date
Violation Description
Corporate Name & Registered agent
Violation Type: RojectType: Authorizations Required: SiteVisits Respondent Site Visits Respondent
P t • Present
No Par nit R'ivate/Community Aajor XCA 0 n.
rmit Condition _ Govt/Public Minor L� D&F
Expired Permit E] Commercial General
Q Inconsistent w /Rules Tlerl-evel: I r,I III
Violation Location and
tSite Descd ti n
Project Location: County ,\` �f t� PIJ� 1.,�1 J[,,y co
Street ttress/State Road/ Lo #(s)
\vkV IVA(�
Suhdivision
ZIP
Lat/Long
Shoreline Length 1—
SAV: Not Sure Yes
Sandbags: Not Sure IN,
PNA: Adjac
ent
ORW. dAdjacent
Crit. Hab. /
Phone#( ._): -River Basin Photos u No
Adj. Wt .Body (net/ anlun m) WaiverRequired Yes No
- - In DWQ BufferArea Yes 0
Closest Maj. Mr. Body- Spedfy DvVQ Bufferif applicable:
Restoration f i �t Z I Extension Granted Yes No
NOV Date Initial Req. Comp, Date
CNOV Date Date Comp. Observed % e�ptan eDate 0�/�')�l4/��_ I '-�
Penalty Assessment
Sent to Respondent Date
Rcvd. by Dist. Mgr. Date
Assessment Extended Yes. No
Penalty
Fee
7J.0409 Ref.
Recomm. Assess.
DCM Assess.
$ a VJ
$
$
$
$
$ w
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$
$'
Total
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Formal Assessments, Appeals and Reductions ,
Date Long Form Submitted AssessmentAppealed: Yes No
Date Formal CPA Submitted
Penalty modified
Final Assessment$ Date
Attorney General's Office for Injunction or Formal Collection
Date sent to AG Respondent not responsive to penally/NOV Injunction to complete restoration
Date Collection Letter Sent Date Demand Letter Sent
Violation Activities and Impacts
AECsAffacted- ��Cv�� slmpactedK�,
If yes,whichtypes:
Cw M PT ES PTS
OEA 4 UBA N/A VSC
DS CJA LS TY
PVVS: FC: SP IF BF 404
Restoration Required by the Respondent
Closing
Payment Received $ ✓ �� ` Date ✓ �� j U Date Case Closed
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Coastal Management
ENVIRONMENTAL QUALITY
March 9, 2018
CERTIFIED MAIL 7014 2120 0000 8055 4874
RETURN RECEIPT REQUESTED
River Bluffs Development Corporation
c/o Mr. Burrows Smith
3571 Hansa Drive
Castle Hayne, NC 28461
RE. CAMA VIOLATION #17-11 D
Dear Mr. Smith:
ROY COOPER
Governor
MICHAEL S. REGAN
secretary
BRAXTON C. DAVIS
Director
This letter is in reference to the Notice of Violation dated May 12, 2017 that I issued to River Bluffs
Development Corporation for violating the terms and conditions of CAMA Major Development Permit No. 30-
13. This permit, which was issued by the Coastal Resources Commission and the North Carolina Department
of Environmental Quality on February 27, 2013, authorized development located at Chair Road and the 1-140
Bypass in River Bluffs adjacent to the Northeast Cape Fear River in Castle Hayne, New Hanover County,
North Carolina. The violation involved Coastal Wetlands, Estuarine Shoreline, Estuarine Water and Public
Trust Areas, which are Areas of Environmental Concern designated by the Coastal Resources Commission.
Based upon the site visit conducted on July 8, 2017 by Tara MacPherson, Field Specialist, and the issuance
of a Major Modification to State Permit No. 30-13 on December 13, 2017, the restoration requested appears
to be complete to the satisfaction of the Division of Coastal Management.
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 $324 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 $324 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, River Bluffs Development Corporation will receive a Notice of Compliance officially closing this
enforcement action.
1,l10 M04 -NOG
BIOZ t Vim
State of North Carolina l Environmental Quality l Coastal Management ®Pal
Wilmington Office 1127 Cardinal Drive Extension I Wilmington. North Carolina 78405
910 796 7215

River Bluffs Development Corporation
c/o Mr. Burrows Smith
March 9, 2018
Page Two
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 River Bluffs Development
Corporation. 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,
Debra Wilson
District Manager
Enclosures
cc: Roy Brownlow, Compliance Coordinator, DCM
Tara MacPherson, Coastal Management Representative, DCM
Ben Andrea, New Hanover County
State of North Carolina I Environmental Quality I Coastal Management
Wilmington Office 1 127 Cardinal Drive E#ension I Wilmington, North Carolina 28405
9107967215

CAMA VIOLATION #17.11D
River Bluffs Development Corporation
c/o Mr. Burrows Smith
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 $324 against River Bluffs Development Corporation for violation of the Coastal Area
Management Act, NCGS 113A-100 et sec, committed on or near property located at Chair Road and the 1-140
Bypass in River Bluffs, Brunswick County, North Carolina. In order to resolve this matter with no further action
or expense on my part, I accept responsibility for the violation, on behalf of River Bluffs Development
Corporation, as described in the Notice of Violation letter dated May 12, 2017, and agree to pay the proposed
civil assessment of $324.
DATE
SIGNATURE
ADDRESS
TELEPHONE NUMBER
State ofNorth Carolina I Environmental Quality I Coastal Management
Wilmington Office 1 127 Cardinal: Drive Extension I Wilmington, North Carolina 28405
9107967215
DCM® MHD CITY