15-12D Town of Carolina Beach

HA
Pat McCrory
Governor
North Carolina Department of Environmental Quality
September 22, 2015
Town of Carolina Beach
Attn: Mr. Ed Parvin, Assistant Town Manager
1121 N. Lake Park Boulevard
Carolina Beach, NC 28428
Donald R. van derVaart
Secretary
RE: Closure Letter
Payment of Proposed Penalty for Violations of the Coastal Area Management Act,
Committed in New Hanover County
CAMA Violation #15-12D
Dear Mr. Parvin,
This letter will acknowledge receipt of your check #64805, in the amount of $375.00, for the Notice of
Violation dated July 21, 2015 issued to the Town of Carolina Beach for construction of a 17 ft. wide
boardwalk, in violation of permit condition of CAMA Minor Development Permit CB 13-12 and the CRC
Variance Final Order No. CRC-VR-14-02, adjacent to the Atlantic Ocean in Carolina Beach, New Hanover
County, North Carolina. The violation involved unauthorized development within the Ocean Hazard AEC,
which is an Area of Environmental Concern designated by the Coastal Resources Commission. This matter
will be fully and completely closed once the amount is credited to the account of the North Carolina
Department of Environmental Quality.
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
DDW/ph
cc:
RECEBVED
SEP 2 5 2015
Braxton Davis, Director, DCM
Roy Brownlow, Compliance Coordinator, DCM DCM- MHD CITY
Christy Goebel, Assistant Attorney General
WiRO Files
127 Cardinal Drive Ext., Wilmington, NC 28405
Phone: [phone] \ FAX: [phone] www nccoestalmanaaement net
An Equal Opportunity \ Affirmative Action Employer

I I
Dan Wilcox
Mayor
Sarah Friede
Council Member
Steve Shuttleworth
Council Member
September 15, 2015
Debra D. Wilson, District Manager
DCM Wilmington District Office
127 Cardinal Drive Ext.
Wilmington, NC 28405
Re: CAMA Violation #1512D
Dear Ms. Wilson:
LeAnn Pierce
Mayor Pro Tem
Gary Doetsch
Council Member
Michael Cramer
Town Manager
We are in receipt of your letters dated July 21 and August 3, 2015 regarding a CAMA Permit
violation and subsequent proposed civil penalty for the 17 foot Boardwalk width. In order to
bring this matter to resolution, we have enclosed a check in the amount of $375 for the proposed
assessment and a signed "Agreement to Pay Proposed Civil Assessment'. We do so, however,
under protest.
Our protest is based on the following:
• Although the conceptual site plans noted the boardwalk width as 16 feet, the more
specific structural construction drawings showed the actual finish width at 17 feet. This
dimension never changed from the initial concept design to the final construction
drawings.
• Architectural plans clearly depicting the 17 foot design width were provided to DCM at
our initial review meeting at DCM in August, 2013.
• Structural drawings clearly depicting the 17 foot width were submitted with our CAMA
Permit application in November 2013, and included in the Variance application packet
for CRC review in January, 2014.
• At the Feb. 26, 2014 CRC meeting in Nags Head the southern Boardwalk was approved
as submitted. The structural drawings are part of the record of approval.
• The construction drawings were available for review at the pre -construction meeting at
Town Hall in September 2014.
• DCM staff conducted a number of site visits during the 7 month construction period from
October 2014 to April 2015. There was no me tion of the width as an issue until the final
inspection in April. ECEIVE
SEP 2 5 2015
DCM- MHD C9 d Y
RECEIVED
DCM WILMINGTON, NC
1
SEP 16 2015

Given that the drawings depicting the 17 foot width were part of the CAMA Permit and Variance
record, it is the Town's position that the Boardwalk was constructed in accordance with
approved plans. We believe this issue could have been avoided by better communication by both
parties.
Your department's ongoing support and guidance as the Town's continues to develop is very
much appreciated. Please let me know if you'd like to discuss this issue further, or if I can be of
assistance at anytime.
Sincerely,
Ed Parvin
Assistant Town Manager
RECEIVED
SEP 2 5 2015
DCM- MHD CITY
RECEIVED
DCM WILMINGTON, NC
2
SEP 16 2015

Town of Carolina Beach
clo Mr. Ed Parvin
August 3, 2015
Page 3
CAMA VIOLATION #15.12D
Town of Carolina Beach
AGREEMENT TO PAY PROPOSED CIVIL ASSESSMENT
I understand that the staff of the Department of Environment and Natural Resources will propose the assessment
of a civil penalty in the amount of $375 against the Town of Carolina Beach for violation of the Coastal Area
Management Act, NCGS 113A-100 et M committed on or near property located between Charlotte Avenue and
HarperAvenue in New Hanover County, North Carolina. In order to resolve this matter with no further action or
expense, I accept responsibility for the violation, on behalf of the Town of Carolina Beach, as described in the
Notice of Violation letter dated July 21, 2015, and agree to pay the proposed civil assessment of $375.
155t P ZO IS
DATE SIGNATURE
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TELEPHONE NUMBER
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RECER
SEP 2 5 2015
DCM- MFID CITY
127 Cardinal Drive 6d., Wilmington, North Carolina 28405a45 RECEIVED
Phone: [phone]FAX: [phone]internal: www.nocoastalmanagement,net DCM WILMINGTON, NC
An Equal Opportunity \ Affirmative Action Employer — 50% Recycled \ 10% Post Consumer Paper S—
Ct.P 16 2015

ENFORCEMENT TRACKING REPORT
Rep. ga6l? V 1 if iy; Iw
Rep.
Initial Discovery Date //-� J Discovery Method
Violation Description
Respondent Name(s)
■i
Violation Case No. l S—' 2—
Permit No. l_._8 ! J — 1 Z
(if applicable)
Was activity pennittable?(Yes) No
Address, 112 t' 6V. &-11* 7'& /ylYzl• CRY State_ lc zip Z2
Violation Type:
Project Type:
Authorizations Required:
Site Visits Respondent SRe Visits
Respondent
D No Permit
Private/Community
D Msjor M"CAMA
Present
Present
9Permit Condition
Govt./Public
Minor 0 D&F
Expired Permit
.
�.. Commercial
D General
D Inconsistent w/ Rules
Tier Level: 1 II
III
Violation Location and Site Description
Project Location: County
Street Address/ State Road/ Lot #(s)
/7 ?wh s
Subdivision
city . 4�72✓c7 %%la 3"4 ZIP 7 V128
Phone # ( _ ), River Basin CA,Vl
Adj. Wtr. Body 41C1l �AQman/unkn)
Closest Mai Wtr Body /7/
Lat/Long
Shoreline Length
SAV.
Not Sure Yes
(`�y/�
Sandbags:
Not Sure Yes
60
PNA:
Yes
40
ORW:
Yes
0
Crit. Hab.
Yea
0
(Of
Adjacent
RECEIVED
& No SEP 2 5 2015
Yes d
�� A Yes 6 CM" MHD CITY
SpecifyDWQBufferifapplicabla:
Restoration
NOV Date � Z.p Initial Req. Comp. Date Extension Granted Yes No
Restoration Letter
CNOV Date Date Comp. Observed Acceptance Date
Penalty Assessment
i
APp/PermR Fee
Sent to Respondent Date
• 1S
Penaity
Rcvd. by Dist. Mgr. Date
Assessment Extended
Yes No
WilituUlntent.
Continuing
Photos
Waiver Required
In DWQ Buffer Area
7J.0409 Re .
Recomm. Assess.
DCM Assess.
$ \
$
$ 't
$
Total
V

Forrrial Assessments, Appeals and Reductions
Date Long Form Submitted Assessment Appealed: Yes No
Date Formal CPA Submitted
"1516
�+ Penalty modified
Final Assessment $ , .0 d 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
AECs Affected: EW PTA ES PTS Wetlands Impacted? Ye / No If yes, which types:
OEA HHF IH UBA N/A SA DS CJ SY JR LS TY
FC: sS SC SP IF BF 404
Other:
Restoration Required by the Respondent Ye / No
Dimensions in excess
of permit/ unauthorized activities
Dimensions to restore
Final dimensions
allowed
Actually restored
` Habitat Descriphori
NOTES
-- - RECEIVED
T..5
iDem MHO
Closing /
Payment Received $ �� Date! J yyT, Date Case Closed %�

xiv 6
NOR
North Carolina Department of Environment and Natural Resources
Pat McCrory Donald R. van der Veart
Governor
Secretary
August 3, 2015
CERTIFIED MAIL 70112000 0002 2767 9118
RETURN RECEIPT REQUESTED
Town of Carolina Beach
c/o Mr. Ed Parvin, Assistant Town Manager
1121 N. Lake Park Boulevard
Carolina Beach, NC 28428
RE: CAMA VIOLATION #15-12D
Dear.Mr. Parvin:
This letter is in reference to the Notice of Violation dated July 21, 2015 that 1, issued to the Town of Carolina
Beach for construction of a 17 ft. vide boardwalk, in violation of permit conditions of CAMA Minor Development
Permit No. CB 13.12 and the CRC Variance Final Order No. CRC-VR-14.02, adjacent to the Atlantic Ocean in
Carolina Beach, New Hanover County, North Carolina. The violation involved the Ocean Hazard AEC, which is
an Area of Environmental Concern designated by the Coastal Resources Commission.
The Coastal Area Management Act provides that a civil assessment of up to $1,000 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 $375 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 $375 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 receipt of this letter. Upon deposit of a check in the Departments account, the
Town of Carolina Beach 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 the Town of Carolina Beach. The Town will
then have the opportunity to request a hearing on the penalty or request settlement of the penalty.
RECEIVED
127 Cardinal Drive Ext., Wilmington, North Carolina 28405-3845 AUG 0 6 1015
Phone: [phone] \ FAX: [phone]nternet: www.nccoastaimanagement.net
An Equal Opportunity \Affirmative Action Employer —50% Recycled \ 10% Post Consumer Paper UCM wpha bits

Town of Carolina Beach
c/o Mr. Ed Parvin
August 3, 2015
Page 2
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,
c
Debra Wilson
District Manager
Tm/Dw
Enclosures
cc: Braxton Davis, Director, DCM
Roy Brownlow, Compliance Coordinator, DCM
Christy Goebel, Assistant Attorney General
WiRO File
127 Cardinal Drive Ext., Wilmington, North Carolina 284053845
Phone: [phone]FAX: [phone]ntemet.• www.nocoastalmanagement.net
An Equal Opportunity 1 Affirmative Action Employer— 50% Recycled 110% Post Consumer Paper

Town of Carolina Beach
'c(o Mr. Ed Parvin
August 3, 2015
Page 3
CAMA VIOLATION #15.12D
Town of Carolina Beach
AGREEMENT TO PAY PROPOSED CIVIL ASSESSMENT
I understand that the staff of the Department of Environment and Natural Resources will propose the assessment
of a civil penalty in the amount of $375 against the Town of Carolina Beach for violation of the Coastal Area
Management Act, NCGS 113A-100 et sec, committed on or near property located between Charlotte Avenue and
Harper Avenue in New Hanover County, North Carolina. In order to resolve this matter with no further action or
expense, I accept responsibility for the violation, on behalf of the Town of Carolina Beach, as described in the
Notice of Violation letter dated July 21, 2015, and agree to pay the proposed civil assessment of $375.
DATE
SIGNATURE
ADDRESS
TELEPHONE NUMBER
RECEIVED
AUG 0 6 1015
04440*40W �to"t
127 Cardinal Drive Ext., Wilmington, North Carolina 28405-3845
Phone: [phone] FAX: [phone] Internet: www.nocoastalmanagement.net
An Equal Opportunity 1 Affirmative Action Employer— 50% Recycled 110% Post Consumer Paper

NCDENR
North Carolina Department of Environment and Natural Resources
Pat McCrory Donald R. van der Vaart
Governor Secretary
NOTICE OF VIOLATION
July 21, 2015
CERTIFIED MAIL 70112000 0002 2767 9132
RETURN RECEIPT REQUESTED
Town of Carolina Beach
c/o Mr. Ed Parvin, Assistant Town Manager
1121 N. Lake Park Boulevard
Carolina Beach, NC 28428
RE: NOTICE OF VIOLATION RECEIVED
CARA VIOLATION 915-12D JUL 2 8 1015
Dear Mr. Parvin: -wo Ct
This letter confines the June 4, 2015 meeting at the DENR Wilmington Regional Office, upon the request of Mr. Jerry
Haire, Project Manager with the Town of Carolina Beach (the "Town"). Mr. Haire and I met with Mr. Robb Mairs, Field
Representative for the NC Division of Coastal Management (the "Division"), to discuss the recently completed
boardwalk authorized by CAMA Minor Development Permit No.13-12. Mr. Mairs was also at the project site April 13,
2015, upon the request of Mr. Haire for a compliance inspection of the completed boardwalk. The Division
determined at that time that the width of the recently completed boardwalk was not built consistent with the
authorized dimensions.
Information gathered by me for the Division indicates that the Town's actions are in violation of the terms and
conditions of CAMA Minor Development Permit No. CB 13.12, issued to the Town of Carolina Beach by the Division
and are inconsistent with the Coastal Resources Commission's VARIANCE FINAL ORDER No. CRC-VR-14.02.
15 NCAC 07H .0306(a)(2) GENERAL USE STANDARDS OF OCEAN HAZARD AREAS, states: "With the exception
of those types of development defined in 15A NCAC 07H .0309, no development, including any portion of a building
or structure, shall extend oceanward of the ocean hazard setback distance"; and 15 NCAC 07H .0309(a) USE
STANDARDS FOR OCEAN HAZARD AREAS: EXCEPTIONS.
NCGS 113A-120(a)(8) which requires that all applications be denied which are inconsistent with CAMA guidelines.
Specifically, the development for which the Town applied consists of an approximately 850 linear feet new public
beachfront boardwalk within the existing built upon footprint of the previous existing 8' wide boardwalk and
associated upland structures at the location of the existing approximately 750 linear feet public boardwalk, proposed
within the minimum setback, in this case measured 60 feet from the Static Natural Vegetation, or 30 times the
shoreline erosion rate of 2 feet/year).
The Town's original permit application was denied on 12/20/2013 due to the proposed encroachment into the Ocean
Hazard Area setback.
127 Cardinal Drive Ext., Wilmington, North Carolina 28405-3845
Phone: [phone]\ FAX: [phone] \ lntemet www riomastalmanagement.net
An Equal Opportunity \ Affirmative Action Employer— 50% Recycled \ 10% Post Consumer Paper

Town of Carolina Beach
c/o Mr. Ed Parvin. Assistant Town Manager
July 21, 2015
Page 2 of 2
Following the denial, the Town requested a variance to allow the boardwalk to encroach into the ocean hazard
setback. The Town received a variance to allow the encroachment into the ocean hazard setback from the Coastal
Resources Commission on 03/24/2014.
The Division issued CAMA Minor Development Permit No. CB 13-12 to the Town authorizing a boardwalk of 16' in
width in accordance with the Commission's VARIANCE FINAL ORDER No. CRC-VR-14-02
This permit included the following terms and conditions(s):
1. All proposed development and associated construction must be done in accordance with the application
and work plat drawings dated received November 16, 2013, and subject to the following stipulations of the
CRC Variance Final Order and additional permit conditions listed on Page 16 (a), which specifically states:
"Demolition of the entire 750 foot existing eight foot wide Boardwalk and four existing six foot wide cross
over public beach accesses and the construction of a new sixteen foot [16] wide boardwalk structure
parallel to the shoreline..."(attached).
For the following reasons, the Town is in violation of the above terms and conditions(s) of said permit:
1. Final as -built dimension of the boardwalk is 17 feet in Width. No permit modification or authorization was
granted for this increase from the authorized dimension of 16 feet in width
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 review of the activity the Town has undertaken and the guidelines for Areas of Environmental Concern,
restoration of the impacted area is not requested.
Thank you for your time and cooperation in this important matter. If you have any questions about this or related
matters, please call me at [phone]. Upon my submission of an enforcement report to the Division's
Compliance Coordinator, you will be notified as to the amount of a civil assessment for undertaking development
without first obtaining the proper permit modification or authorization.
Sincerely,
Debra D. Wilson
District Manager
DCM Wilmington District Office
Cc: Braxton Davis, Director, DCM
Roy Brownlow, Compliance Coordinator, DCM
Christy Goebel, Assistant Attorney General
WiRO File
127 Cardinal Drive Ext., Wilmington, North Carolina 28405-3845
Phone: [phone] FAX: [phone]Internet: www.ncooastalmanagement.net
An Equal Opportunity 1 Affirmative Action Employer - 50% Recycled 110% Post Consumer Paper
RECEIVED
JUL 2 3 10t
WqA"0461 6+

CM ENFORCEMENT TRACKING REPORT
Rep.,iGDL 1 V i i Issuer
r mil' 1 G-. .JJ
Violation Case No.
Rep
Initial Discovery Date /�� Discovery Method
Violation Description
Respondent Name(s)
R
❑ Permit No. C1 1�3 - I Z
❑ (if applicable)
Was activity permittable?'Yes No
Address_ /i'21 0\�. G�Lrt<u,� pn* %��Y�,�' City �l#�T�ihd;_. � State .Zip 2?
Violation Type:
Project Type:
Authorizations Required:
Site Visits Respondent Site Visits
Respondent
No Permit
PrivatelCommunity
Major
NrCAMA
Present
%3�s 0
Present
Permit Condition
Govt./Public
9 Minor
n D&F
�.
Expired Permit
Commercial
General
D..
Inconsistent w/ Rules
Tier Level: 1 II
III
Q
Violation Location and Site Description
Project Location: County A&L r=L Va 2pt✓{✓�
Street Address/ State Road/ Lot #(s)
iL1/y'7 S /9/JC4NY�
Subdivision �-
city C c rz f �s i3e� c zIP , i-g28
Phone # ( ). River Basin f!
Lat/Long
�
Shoreline Length
SAV: Not Sure
Yes
Sandbags: Not Sure
Yes
PNA:
Yes
CO Adjacent
ORW:
Yes
Jo -' Adjacent
RECEIVED
Crit, Hate .
Yes
JUL 2 3 1015
Photos
No
l/
WFi.144NNI4 -.44
W i R i d Yes
Adj. Wtr. Body 1'7fLei12 7-le' man l t man/unkn) aver ecure
Yes
In DWQ Buffer Area
Closest Maj. Wtr. Body �f�-�i/�%L /ji'll1n
Specify DWQ Buffer if applicable:
Restoration
c� Extension Granted Yes No
NOV Date r Z.i Initial Req. Comp. Date
Restoration Letter
CNOV Date Date Comp. Observed Acceptance Date
Penalty Assessment
Sent to Respondent Date
Rcvd. by Dist. Mgr. Date
Assessment Extended
Yes No
App./Permit Fee
Penalty
Willful/Intent.
Continuing
Investigative
7J.0409 Ref.
Recomm. Assess.
DCM Assess.
Total

,FormikAssessments, Appeals and Reductions
Date Long Form Submitted Assessment Appealed: Yes No
Date Formal CPA Submitted
Penally 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 Activities and Impacts
AECs Affected:
CW EW PTA ES PTS
OEA HHF IH URA N/A
PINS: FC:
Other:
Restoration Required by the Respondent Yes / No
Dimensions in excess
of permit/ unauthorized activities
Wetlands Impacted? Yes / No
SA DS CJ SY JR
SS SC SP IF BF
Dimensions to restore Final dimensions
allowed
If yes, which types:
LS TY
404
Actually restored
Development Activities
,Habitat Description.
NOTES.
RECEIVED
JUL 2 3 10h
Closing
Payment Received $ Date Date Case Closed