17-30D Coley

a
J 'Y4
2.rWW-
Coastal Management
ENVIRONMENTAL QUALITY
NOTICE OF VIOLATION
December 22, 2017
CERTIFIED MAIL 7014 2120 0000 8055 4829
RETURN RECEIPT REQUESTED
Mark Coley
811 Shoreline Dr. W.
Sunset Beach, NC 28468
RE: VIOLATION OF CAMA GENERAL PERMIT NO, 67205-D
CAMA VIOLATION #17-30D
Dear Mr. Coley,
w
ROY COOPER
Governor
MICHAEL S. REGAN
Secretary
BRAXTON C. DAVIS
Director
This letter confirms that on December 20, 2017, 1 was onsite at your property located at 811 Shoreline Drive West,
Sunset Beach, adjacent to the Atlantic Intracoastal Waterway (AIWW) in Brunswick County, North Carolina. The
purpose of the visit was to monitor the permitted development of a pier, two (2) boatlifts, two covered fixed platforms,
and a finger pier. During my site visit I discovered that an unauthorized floating platform, creating a 3t1 slip, had been
constructed and the dripline dimensions of the covered fixed platforms were exceeded.
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 Environment and Natural Resources. This requirement is imposed by North Carolina General Statute
(N.C.G.S.) 113A-118.
On September 20, 2016, General Permit No. 67205-D was issued to Mark Coley for construction of a new
private docking facility within the AIWW on property located in Brunswick County, North Carolina, at 811
Shoreline Drive West. This permit was issued for a CAMA Major Development in Coastal Wetlands, Estuarine
Waters, and Public Trust Areas of Environmental Concern, in accordance with North Carolina General
Statutes (N.C.G.S.)113A-118.
For the following reasons, you are in violation of the above terms and conditions(s) of your permit:
1. Unauthorized construction of a floating platform, creating a 3rd slip, measuring approximately 8' in
width by 16' in length (128 sq. ft.).
2. Construction of two (2) covered fixed platforms measuring approximately 22' in width by 22' in length
(484 sq. ft.) and 12' in width by 12' in length (144 sq. ft.) exceeding the authorized dimensions.
3. Construction of a private docking facility with a shaded area impact greater than 800 sq. ft.
These activities took place in Estuarine Waters and Public Trust Areas of Environmental Concern that are contiguous
with the AIWW. Estuarine Waters and Public Trust Areas are designated as Areas of Environmental Concern (AEC).
No CAMA permit was issued to you for this development. Based on these findings, I am initiating an enforcement action
by issuing this Notice of Violation for violation of the Coastal Area Management Act. RECMED
State of North Carolina I Environmental Quality I Coastal Management J AN 1 6 7 01 II
Wilmington Office 1127 Cardinal Drive Extension I Wilmington, North Carolina 28405
910 796 7215

Coley Violation
Page 2
I request that you immediately CEASE AND DESIST any further development and contact me about this 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.113A-126.
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. State Guidelines for Areas of
Environmental Concern, the activity you have undertaken, construction of a 128 sq. ft. floating platform as a 3rd
slip is NOT consistent with Section 15A NCAC 07H.1204 (a) which states, "Piers and docking facilities shall provide
docking space for no more than two boats. Docking facilities providing docking space for more than two boats shall be
reviewed through the major permitting process..." The activity you have undertaken, construction of a single fixed
platform area with dimensions measuring 22' in width by 22' in length is NOT consistent with Section 15A NCAC
07H.1205 (f), which states, "The maximum size of any individual component of the docking facility authorized by this
general Permit shall not exceed 400 sq. ft." The activity you have undertaken, construction of a private docking
facility with total square footage of shaded impact measuring approximately 912 sq. ft. and is NOT consistent
_...with Section,11 5A NCAC 07H.1205 (e) which states, "The total square footage of shaded impact for docks and mooring
facilities (excluding the pier) allowed shall be 8 square feet per linear foot of shoreline with a maximum of 800 square
feet. In calculating the shaded impact, uncovered open water slips shall not be counted in the total." Thus, I am
requesting that you bring the docking facility into compliance. Please refer to the enclosed Restoration Agreement.
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. I request that you contact me immediately.
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 development that is
inconsistent with Coastal Resources Commission rules.
Sincerely, R R- MV '
JARI 10 2018
Sean Farrell
Coastal Management Representative
Cc: Debra Wilson, District Manager, DCM Tara MacPherson, DCM
Roy Brownlow, Compliance Coordinator, DCM Hiram Marziano, Sunset Beach LPO
ENCLOSURE
State of North Carolina I Environmental Quality l Coastal Management
Wilmington Office 1127 Cardinal Drive Extension I Wilmington, North Carolina 28405
910 796 T215

RESTORATION PLAN
For
Mark Coley
CAMA Violation No. 17-30 D
Property located at 811 Shoreline Dr. W, Brunswick County
1. Remove Unauthorized floating dock and reduce dimensions of 22' x 22' fixed platform to 400 sq. ft. or less.
OR
2. Provide a site plan and Adjacent Riparian Property Owner Notifications for the facility configuration.
3. Provide documentation from the U.S. Army Corps of Engineers stating that they have no objection to the
unauthorized construction that occurred at 811 Shoreline Dr. W. If a statement of no objection cannot be
obtained and restoration is required, DCM will require a restoration acceptance letter from the USACE. The
USACE Contact Person is Ms. Liz Hair [phone].
4. Provide documentation from the Division of Water Resources (DWR) stating that they have no objection to
the unauthorized construction that occurred at 811 Shoreline Dr. W. If a statement of no objection cannot be
obtained and restoration is required, FCM will require a restoration acceptance letter from DWR. The DWR
contact person is Mr. Chad Coburn [phone].
5. Provide documentation from the Division of Marine Fisheries (DMF) stating that they have no objection to the
unauthorized construction that occurred of 811 Shoreline Dr.W. If a statement of no objection cannot be
obtained and restoration is required, DCM will require a restoration acceptance letter from DMF. The DMF
contact person is Curt Weychert [phone]
RECEIVED
JAN 10 2018
OC INA- 6IMHD CITY
I, Mark Coley, agree to complete this restoration to the satisfaction of the Division of Coastal Management
(DCM) by January 22, 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.
State of North Carolina I Environmental Quality I Coastal Management
Wilmington Office 1127 Cardinal Drive Extension I Wilmington, North Carolina 28405
9107967215

DCM ENFORCEMENT
TRACKING REPORT
AC.(�� ��.�et
�s�T Violation Case No.
2
Field Rep.
Compliance Rep. (akr(A aC
6vl 0
Permit No.
% E
� "i7 A - u
LIoO i�h�n^ JV�a2t c�vLf�
(if applicable)
Violation Description
Was activity permittable?
Yes/ o-
Initial Discover Date Discovery
y 2) 6' 1 � Discover
ti e
e)'o E � to
Vl�°� 7-
Vioation Description 6�-V ���
(�1 _ �l k,4 0
`fit
c t"1 W� '�ir 0.� VV1el,0 '.1111
rd I - V oI
f
or
RespondentName(s) vkA F 6l --
��� S V\ Q✓CPP �t� 2 � �� City . �� tk,-6A State lL!(_ zip Z g
Address
Phone # _��- In L(� O�DO Fax #/Email
Violation Type:
Project Type:
No Permit
Private/Community
Permit Condition
Govt./Public
Expired Permit--. -..
Q; Commercial
Inconsistent w/Rules
Tier l-evel: I �I
Authorizations Required: Site Visits Respondent Site Visits Respondent
Resent
Major CAM I G
Minor � D&F -
Q General
Violation Location and Site Description Lat/Long Project Location: County Shorel inei-enaEC E IV E
Street Address/ State Road/ Lot #(s) , g}y �koq �tQ OT, () SAV: Not Sure p1 Y�ne,sryr1N�ro0
Sandbags NotI&W 1.'Aes20118
Subdivision
City . sw-0- c(,k ZIP M t"1 e D
Phone # (JL0)... � —Ott .River Basin L�Uw V)-e�
Adj. Mr. Body � (tiJtJlf &/man /union)
ClosestMaj. Mr. Body AA l/) W
NOV Date 2 ZZ tl'7
CNOV Date
Penalty Assessment
Sent to Respondent Date
Rcvd. by Dist. Mgr. Date
Assessment Extended Yes No
Initial Req. Cone. Date
Date Comp. Observed
PNA Yes
No Adjacent
y-q,
ORW.. iJ "hifil BVeIIfY)NCH�k
9' ent
Crit. Hab. Yes
No
Photos Yes
No -
WaiverRequired Yes
No
In DWQ BufferArea Yes
No
Specify OVVQ Bufferif applicable:
Extension Granted Yes No
pt 2z Zd`�.
Restoration Letter
Acceptance Date
7J.0409 Ref.
Recorm. Assess.
DCM Assess.
App./Permit Fee
$
$
Penalty
$
$
WlIfuVintent.
$
$
Continuing
$
$
Investigative
$
$
Total

rm®
Formal Assessments, Appeals and Reductions
Date Long Form Submitted AssessroentAppealed: Yes No
Date Formal CPA Submitted 0. Penalty modified
Final Assessment$ Date
Attorney General's Office for Injunction or Formal Collection
Date sent to AG Respondent not responsive to penalty/NOV Injunction to complete restoration
Date Collection Letter Sent Date Demand Letter Sent
Violation ActNties and Impacts
AECsAffected: Wetlands lnpacted?Yes/ No If yes, w hichtypes:
CW�'' T ES PTS
OEA HHF UBA N/A SA DS CJ SY JR LS TY
PWS: FQ SS SC SP IF BF 404
Restoration Required by the Respondent Yes / No
NOTES:
Closing
Payment Received $ Date Date Case Closed

Coastal Management
ENVIRONMENTAL QUALITY
March 15, 2018
Mark Coley
8115horeline Dr. W.
Sunset Beach, NC 28468
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 Brunswick County
CAMA Violation #17-30D
Dear Mr. Coley:
This letter will acknowledge receipt of your check #2287 in the amount of $542.00 for the Notice of
Violation dated December 22, 2017 issued by Tara MacPherson, representative for the Division of
Coastal Management, for the unauthorized expansion of your docking facility adjacent to the Atlantic
Intracoastal Waterway (AIWW) located at 811 Shoreline Drive West in Sunset Beach, Brunswick 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 meat the Wilmington Regional Office, [phone].
Sincerely,
J-li2- Y,
Debra D. Wilson
District Manager
cc: Roy Brownlow, Compliance Coordinator
Tara MacPherson, Coastal Management Representative, DCM
REC �'VD
MAR � � 2018
C9'Ty
State of North Carolina I Environmental Quality I Coastal Management
127 Cardinal Drive Est., Wilmington, NC 28405
910-796-7215

CAMA VIOLATION #77-301)
Mark Coley Property
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 $542 against me for violation of the Coastal Area Management Act, NCGS 113A-
100 et seq, committed on or near property located at 811 Shoreline Drive West, 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 as described in the Notice of Violation letter dated December 22, 2017, and agree to pay the
proposed civil assessment of $542.
d k7c- ew
ta ". s a
W�er tNIFED
MAR � � 2018
p_Cv!v�7o
0Crv1lil'l'r_Nh�•4+�
State of North Carolina l Environmental Quallty I Coastal Management '
Wilmington Office 1127 Cardinal Drive Extension I Wilmington, North Carolina28405
910 796 7215

DCM ENFORCEMENT TRACKING REPORT
Field Rep. Sea- Fety el II Issu
Corrplianc,,�ee Rep. TG rU MC�ri�/{ 6vt f]
LPO A)_V_ Vv\ M6v120kAA0 ❑
Violation Description
Initial Discovery Date 2 ) 5 �„ Discovery Method
Vigjation Description ()V(6 U �LZ� Y
or
Violation Case No. 1 f J C)— Y `�
Permit No. % fly ('— n �
('rfapplicable)
Was activity permittable? Yes /LNoo)
R�.evlgA vra Z_41,
RespondentName(s) v�D fh 6t _....�_ ___._._ ,
Address ar P� tbe � W City Wa.S)_C+ C% C� State (� Zip
Phone# �[a lxGf'Oo©O —Fax #/Email
. _f A_
Violation Type: Project Type:
No Permit Private/Community.
Permit Condition �` Govt./Public
�. Expired Permit Commercial
Inconsistentw/Rules Tier Level:
Authorizations Required:
Major CA MA
Minor D&F
General
III
Violation Location and Site Description
Project Location: County "!,� rt
Street Address/ State Road/ Lot #(s) gl� jkoyjt pr W
Subdivision
City ,S+A/l-S%�" _&k G( _. ZIP Z$ Lt ff �
Phone #.( �)...� —d-River Basin L UL4A6/man
v/ e/
Adj. Mr. Body �(l%ti/l/ 6/man/unlm)
ClosestW. Mr. Body AA w
NOV Date - ti 22 /
CNOV Date
Penalty Assessment
Sent to Respondent Date
Rcvd. by Dist. Mgr. Date
Assessment Extended
Initial Req. Comp. Date
Date Comp: Observed
Zrel llb
Yes No
Site Visits Respondent
Resent
1 Z 20 lZ Ca
Site Visits Respondent
Resent
E
Lat/Long
Shoreline Length
SAV: Not Sure
Yes
No
Sandbags: Not Sure
Yes
No'
PNA:
Yes
No Adjacent
ORW..
Yes
No Adjacent
Crit.Hab.
Yes
No
Photos
Yes
No
WaiverRequired
Yes
No
In DWQ BufferArea
Yes
No
Specify OWQ Bufferif applicable:
Z6 •� 0�r r,J�-,
G
Extension Granted Yes No
Restoration Letter i
Acceptance Date I
7J.0409 R9f_
Recomm. Assess.
DCM Assess.
App./Permit Fee
CL �'
$ a i�D
$
Penalty
$
$
V.IIfuVlntent.
$
$
Continuing
$
$ W
Investigative
$ +
$
Total

Formal Assessments, Appeals and Reductions
Date Long Form Submitted AssessmentAppealed: Yes No
Date Formal CPA Submitted Q. Penalty modified
Final Assessment$ Date
Attorney General's Office for Injunction or Formal Collection
Date sentto AG
Respondent not responsiveto penaltylNOV Injunction to complete restoration
Date Collection Letter Sent Date Demand Letter Sent
Violation ActhAties and Impacts
AECs Affected- �'9Wetlands Impacted? Yes/ No If yes,whichtypes:
CW �', PTES PTS
QEA HHF UBA N/A SA DS CJ SY JR LS TY
PAS: FC; SS SC SP IF BF 404
Other:
Restoration Required by the Respondent Yes/No
NOTES:
Closing
Payment
�` � �
•� � � ��
1 � �
Received $
I •
Date
Date Case Closed

W
Ul
v
N
O
rt
F+
W
a
v
a
n
A
a
r ('1
f1 �'
O
(7
S
o�i
fp
O
n
0
z
rD
(G
m
of
�
1
2
m
W
W
�
m
0
a
0
N
4
.%n'
1
a
Ln
N
0
�
0
•'F
o
Z
G
=
V
W
O
O
4z,
fp
n
Ln
A
3
n
m
f..
v

Coastal Management
ENVIRONMENTAL OVALITV
March 9.2018
CERTIFIED MAIL 7014 2120 0000 8055 4881
RETURN RECEIPT REQUESTED
Mark Coley
811 Shoreline Dr. W.
Sunset Beach, NC 28468
RE. CAMA VIOLATION #17-30D
Dear Mr. Coley:
ROY COOPER
Cavernor
MICHAEL S. REGAN
Secretary
BRAXTON C. DAVIS
Director
This letter is in reference to the Notice of Violation, originally dated December 22, 2017, that Sean Farrell,
representative for the Division of Coastal Management, issued to you for the unauthorized expansion of your
docking facility adjacent to the Atlantic Intracoastal Waterway (AIWW) located at 811 Shoreline Drive West in
Sunset Beach, Brunswick County. The violation involved Estuarine Water and Public Trust Areas, which are
Areas of Environmental Concern designated by the Coastal Resources Commission. Based upon receipt of
the requested information outlined in the Restoration Agreement, 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 $542 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 $542 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.
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.
MAR 1,4 2018
State of North Carolina i Envvornnental Quality !Coastal Management ®CM- MHD CITY
Wilmington Office i 127 Cardinal Drive Extension i Wilmington. Noah Carolina 28405
9107967215

Mark Coley Property
March 9, 2018
Page Two
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,
✓v
Debra Wilson
District Manager
Enclosures
Tm/Dw
cc: Roy Brownlow, Compliance Coordinator, DCM
Tara MacPherson, Coastal Management Representative, DCM
Hiram Marziano, Sunset Beach LPO
State of North Carolina I Environmental Quality I Coastal Management
Wilmington Office 1127 Cardinal Drive Extension I Wilmington. North Carolina 28405
9107967215

CAMA VIOLATION #17.30D
Mark Coley Property
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 $542 against me for violation of the Coastal Area Management Act, NCGS 113A-
100 et sue, committed on or near property located at 811 Shoreline Drive West, 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 as described in the Notice of Violation letter dated December 22, 2017, and agree to pay the
proposed civil assessment of $542.
DATE
SIGNATURE
ADDRESS
TELEPHONE NUMBER
State of North Carolina I Environmental Quality I Coastal Management
Wilmington Office 1 127 Cardinal Drive Extension I Wilmington. North Carolina 28405 ®C g� q @ q p^q, I9P®4
9107967218 M V'fi'0�9tl..+' M

0
Coastal Management
ENVIRONMENTAL QUALITY
March 5, 2018
Mark Coley
811 Shoreline Dr. W.
Sunset Beach, NC 28468
RE: RESTORATION ACCEPTANCE - CAMA VIOLATION #17.30D
Dear Mr. Coley:
ROY COOPER
Governor
MICHAEL S. REGAN
secretary
BRAXTON C. DAVIS
Director
This letter is in reference to the Notice of Violation # 17-30D sent to you dated January 22, 2018 for the unauthorized
expansion of your docking facility in the Estuarine Water and Public Trust Areas of Environmental Concern in or near
the Atlantic Intracoastal Waterway (AIWW). The violation took place on property located at 811 Shoreline Drive West,
Sunset Beach in Brunswick County, North Carolina. This unauthorized activity constituted development and you were
requested to provide documentation from the U.S. Army Corps of Engineers (USACE), N.C. Division of Water
Resources (DWR) and the N.C. Division of Marine Fisheries (DMF) stating that they have no objection to the
unauthorized docking facility expansion. You were also requested to provide proof of adjacent riparian property owner
notifications, including an updated site plan. 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.
Based on receipt of the requested information by the restoration deadline, it appears the restoration is accomplished
to the satisfaction of this Division. 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,
Tara MacPhe� m
Field Specialist, DCM
Cc: Debra Wilson, District Manager, DCM
Roy Brownlow, Compliance Coordinator, DCM i ��
Sean Farrell, Field Representative, DCM
ED
Hiram Marziano, Sunset Beach LPO MAR 0 6 2018
State of North Carolina I Environmental Quality ! Coastal Management
Wilmington Office i, 127 Cardinal Drive Extension i Wilmington. North Carolina 28405
910 796 7215