10-04B Vargas

North Carolina
Beverly Eaves Perdue
Governor
Adrian and Debbie Vargas
4185 Bear Grass Rd.
Greenville, NC 27834
A w ►
NCDENR
Department of Environment and
Division of Coastal Management
James H. Gregson
Director
19 March 2010
Natural Resources
RE: Payment of Proposed Penalty for Violations of the Coastal Area Management Act
Committed in Beaufort County
CAMA Violation No. 10-04
Dear Mr. & Mrs. Vargas:
Z
Dee Freeman
Secretary
This letter will acknowledge receipt of Check No. 7739 in the amount of $554.00, and
dated 17 March 2010. Once the amount of the check is credited to the Department of
Environment and Natural Resources account, this matter will be fully and completely closed.
If you have any further questions concerning this matter, please contact Kim Hedrick,
(252)-948-3950, at the Washington Regional office.
Sincerely,
David W. Moye
Interim District Manager
Division of Coastal Management
Washington Regional Office
Cc: Ted Tyndall, Assistant Director, DCM
Roy Brownlow, Compliance & Enforcement Coordinator, DCM
Mike Thomas, Coastal Management Representative, WARD, DCM
Kim Hedrick, Compliance and Enforcement Representative, WARO, DCM
943 Washington Square Mall, Washington, NC 27889
Phone: [phone] FAX: [phone] Internet: www.ncGoastalmanagement.net
An Equal Oppodunity 1 Afimalive Adon Employer
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North Carolina
Beverly Eaves Perdue
Governor
AZA
NCDENR
Department of Environment and
Division of Coastal Management
James H. Gregson
Director
8 March 2010
CERTIFIED MAIL 7009-2250.0000-92524979
RETURN RECEIPT REQUESTED
Adrian and Debbie Vargas
4185 Bear Grass Rd.
Greenville, NC 27834
RE: CAMA VIOLATION #10.04B
Dear Mr. and Mrs. Vargas:
Natural Resources
Dee Freeman
Secretary
This letter is in reference to the Notice of Violation dated 11 February 2010 that Kimberly Hedrick,
Compliance and Enforcement Representative for the Division of Coastal Management, issued to you for the
unauthorized second story use of your existing boathouse, and providing docking space for a total of four
boats on your pier structure located in the Pamlico River. This occurred at your property located at Lots #18
and #19 Driftwood Drive, off SR 1102, in the Crystal Beach Subdivision near the community of Blounts
Creek in Beaufort County, North Carolina. The violation involved Public Trust Area and Estuarine Waters
of the Pamlico River. Public Trust Area and Estuarine Waters are both Areas of Environmental Concern
(AECs) as designated by the Coastal Resources Commission. Based upon the site visit conducted on 4
March 2009 by Kimberly Hedrick, the restoration appears to be complete to the satisfaction of the Division
of Coastal Management.
The Coastal Area Management Act (CAMA) provides that a civil assessment of up to $10,000 may
be assessed for violations of this type. It is the policy of the Coastal Resources Commission to assess a
civil penalty for 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 Resource Commission, a proposed civil penalty in the amount of
$554 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
943 Washington Square Mall, Washington, NC 27889
Phone: [phone] FAX: [phone] Internet: www.nccoastalmanagement.net
An Equal Opportunity 1 Afimiative Adon Employer
NonrthCarolina
Naturally

Adrian and Debbie Vargas
8 March 2010
Page 2
Assessment;" (2) attach a check or money order for $554 made payable to the North Carolina Department
of Environment and Natural Resources (NCDENR); 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 correspondence from me 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 remission 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,
David W. Moye
Interim District Manager
Division of Coastal Management (DCM)
Enclosure
Cc: M. Ted Tyndall, Assistant Director, DCM
Roy Brownlow, Compliance Coordinator, DCM
Kimberly Hedrick, Compliance and Enforcement Representative, DCM
Mike Thomas, Field Representative, DCM
David Lekson, U.S. Army Corps of Engineers, Washington Field Office
Al Hodge, Regional Supervisor, Division of Water Quality, Washington Regional Office

10-04B
CAMA VIOLATION
AGREEMENT TO PAY PROPOSED CIVIL ASSESSMENT
We understand that the staff of the Department of Environment and Natural Resources will propose the
assessment of a civil penalty in the amount of $554 against us, Adrian and Debbie Vargas, for violation of the
Coastal Area Management Act, NCGS 113A-100 et sue., committed on or near our property located at lots #18
and #19 Driftwood Drive, off SR 1102, in the Crystal Beach Subdivision near the community of Blounts Creek,
adjacent the Pamlico River in Beaufort County, North Carolina.
In order to resolve this matter with no further action or expense on our part, We accept responsibility for
the violation as described in the Notice of Violation letter dated 10 February 2010, and agree to pay the
proposed civil assessment of $554.
Date
943 Washington Square Mall, Washington, NC 27889
Phone: [phone] FAX: [phone] Internet: www.nccoastalmanagement.net
An Equal Opportunity \ Affirmative Action Employer
Adrian Vargas
Debbie Vargas
Address
Telephone Number
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NCDENR
North Carolina Department of Environment and Natural Resources
Division of Coastal Management
Beverly Eaves Perdue James H. Gregson Dee Freeman
Governor Director Secretary
NOTICE OF VIOLATION
10 February 2010
CERTIFIED MAIL 7009-0080-0000-5655-3457
RETURN RECEIPT REQUESTED
Adrian and Debbie Vargas
4185 Bear Grass Rd.
Greenville, NC 27834
RE: NOTICE OF VIOLATION AND REQUEST TO CEASE UNAUTHORIZED DEVELOPMENT
CAMA VIOLATION #10-04B
Dear Mr. and Mrs. Vargas:
This letter confirms that on 12 January 20101 was onsite your property located on Lots #18 and #19 Driftwood Drive,
off SR 1102, in the Crystal Beach Subdivision near the community of Blounts Creek, adjacent the Pamlico River in Beaufort
County, North Carolina. The purpose of the inspection was to conduct routine monitoring of authorized development under
State Permit No. 50815-B issued to you on 10 June 2008. This letter also confirms Mr. Vargas' meeting in our office with Mike
Thomas, field representative for this Division, on 03 February 2010, and my telephone conversation with Mr. Vargas on 04
January 2010.
Information gathered by me for the Division of Coastal Management indicates that you, as property owners, 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 N.C. Department
of Environment and Natural Resources. This requirement is imposed by North Carolina General Statute (N.C.G.S.) 113A-1 18.
I have information that indicates you have undertaken, or are legally responsible for, designing your 28-ft. long by 14-
ft. wide boathouse, authorized under General Permit No. 50815-B, for second story use, and designing your pier structure to
provide docking space for a total of four boats. The boathouse was constructed with a decked second floor with railing and a
ladder for second story use. Two lifts were installed within the boathouse, which is connected to an existing pier structure with
an existing wet slip. In addition, a jet ski lift on the pier platform was never removed as requested on the aforementioned
General Permit. This permit was issued for the construction of a new boathouse and catwalk to an existing pier structure
pursuant to 15A NCAC 7H.1200. The general condition and specific condition (r) of this rule states, "piers and docking
facilities shall be designed to provide docking space for no more than two boats," and specific condition (n) states, "piers and
docking facilities shall be single story. They may be roofed but shall not allow second story use.' The unauthorized
development you have undertaken to your existing pier structure was done within the Public Trust Area and Estuarine Waters
of the Pamlico River. Public Trust Area and Estuarine Waters are both Areas of Environmental Concern (AECs) as
designated by the Coastal Resources Commission. Therefore, I conclude that you are in violation of the Coastal Area
Management Act.
943 Washington Square Mall, Washington, NC 27889
Phone: 252-946-Ml \ FAX: [phone] Internet: www.nccoastalmanagement.net
An Equal Opportunity \ Alfinnafive Action Employer
One NCarolina
Naturally

Mr. and Mrs. Vargas
10 February 2010
Page 2 of 3
I request that you immediately CEASE AND DESIST any further unauthorized activities within designated Areas of
Environmental Concern. A civil assessment of up to $10,000 may be assessed against any violator. Investigative costs shall
be in addition to any civil penalty assessed. Each day that the development described in this notice is continued or repeated
may constitute a separate violation, which is subject to an additional assessment of up to $10,000. An injunction or criminal
penalty may also be sought to enforce any violation in accordance with N.C.G.S. 11 3A-1 26.
It is the policy of the Coastal Resources Commission to levy a civil assessment not to exceed $10,000, plus
investigative costs, against all violations of this type. This is done to recoup some of the costs of investigating violations
and/or to compensate the public for any damage to its natural resources. The amount assessed depends on several factors,
including the nature and area of the resources that were affected and the extent of the damage to them.
The unauthorized design for second story use atop the roof of your authorized boathouse is inconsistent with the
North Carolina Administrative Code (NCAC), Title 15A, Subchapter 07H, Section .0208(b)(6)(1), State Guidelines for Areas of
Environmental Concern. Therefore, I am requesting that you remove the ladder and railing atop the boathouse in order to
eliminate the roof as a second story use. The dockage provided for four boats on your pier structure is consistent with NCAC,
Title 15A, Subchapter 07H, Section .0208(b)(6). Therefore, no restoration of the docking space for four boats on your pier
impacting Estuarine Waters and Public Trust Areas AECs is requested at this time. Any additional "Development' located in,
on, or within 75-feet of the Pamlico River on your property will require a permit from this Division. Please see the attached
Restoration Agreement for the second story use atop your newly constructed boathouse.
Provided you intend to cooperate with the request for restoration, you should sign the attached Restoration
Agreement and return it to me in the enclosed self-addressed envelope. No response from you within 10 days of the receipt
of this letter will be interpreted as a refusal to cooperate and a court injunction will be sought ordering restoration.
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]. Pending satisfactory restoration and the submittal of an enforcement report
to the Interim District Manager, you will be notified as to the amount of a civil assessment for undertaking development without
first obtaining the proper permit(s).
Sincerely,
Kimberly Hedrick
Compliance and Enforcement Representative
Division of Coastal Management (DCM)
Cc: M. Ted Tyndall, Assistant Director, DCM
Roy Brownlow, Compliance Coordinator, DCM
David W. Moye, Interim District Manager, DCM
Mike Thomas, Field Representative, DCM
David Lekson, U.S. Army Corps of Engineers, Washington Field Office
Al Hodge, Regional Supervisor, Division of Water Quality, Washington Regional Office

Mr. and Mrs. Vargas
10 February 2010
Page 3 of 3
ENCLOSURE
RESTORATION AGREEMENT
For
Mr. and Mfs. Adrian and Debbie Vargas
CAMA Violation No. 10-04-B
Property located at Lots #18 and #19 Driftwood Drive, off SR 1102, in the Crystal Beach Subdivision near the
community of Blounts Creek, adjacent the Pamlico River in Beaufort County, North Carolina.
We, Mr. and Mrs. Adrian and Debbie Vargas, agree to remove the second story design on our boathouse by
removing the railing and ladder that provides access to the second floor. We agree that the boathouse was
authorized under General Permit No. 50815-13, but did not authorize a design for second story use.
We agree to complete this restoration to the satisfaction of the Division of Coastal Management (DCM) by 13 March
2010. When corrective actions are complete, we will notify the DCM for an inspection.
SIGNATURE(S):
DATE:
It is the policy of the Coastal Resource Commission to levy a civil penalty assessment not to exceed $10,000 against
all violations. If restoration of the affected area is not undertaken or completed satisfactorily, a substantially higher
civil assessment will be levied and an injunction sought to require restoration.