14-17D Cape Fear Public Utility

Pat McCrory
Governor
C.,�
NCDENR
North Carolina Department of Environment and Natural Resources
NOTICE OF VIOLATION
September 11, 2014
CERTIFIED MAIL 70110110 0000 9947 2505
RETURN RECEIPT REQUESTED
Cape Fear Public Utility Authority
c/o Mr. Carel Vandemteyden, PE
Director of Engineering
235 Government Center Drive
Wilmington, NC 28403
RE: NOTICE OF FAILURE TO APPLY FOR A CAMA PERMIT
CAMA VIOLATION#14-17D
Dear Mr. Vandermeyden:
John E. Skvada, III
Secretary
This letter confirms that on August 29, 2014 Robb Mairs, Field Representative, observed the unauthorized installation
of a new waterline extension adjacent to adjacent to the Atlantic Intracoastal Waterway (AIWW) in Wilmington, off
Bald Eagle Lane, New Hanover County, North Carolina. On September 2, 2104, Robb Mairs, Field Representative,
and I, spoke to Mr. Phil Brower, Cape Fear Public Utility Authority (CFPUA) regarding the new waterline extension.
The purpose of the call was to investigate the unauthorized development of waterline installation within the 575 ft.
Estuarine Shoreline AEC adjacent to the AIWW. This letter also confines my September 3rd and September 9th
email correspondence with Mr. Phil Brower regarding this matter.
Information gathered by me for the Division of Coastal Management indicates that CFPUA has undertaken major
development in violation of the Coastal Area Management Act (CAMA). No person or entity 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.) 11 3A-1 18.
I have information that indicates CFPUA has undertaken or are legally responsible for beginning work on installation
of a new 8 inch waterline along Bald Eagle Lane. This activity took place in the 575 ft. Estuarine Shoreline AEC that
is contiguous with the Atlantic Intracoastal Waterway (AIWW). Estuarine Shoreline Areas are designated as Areas
of Environmental Concern (AEC). This area of the AIWW is classified as Outstanding Resource Water (OR" by the
Environmental Management Commission (EMC). No CAMA permit was issued to you for work in this Area. Based
on these findings, I am issuing this Notice of Failure to Apply for a CAMA Permit for violation of the Coastal Area
Management Act.
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
127 Cardinal Drive Ext., Wilmington, North Carolina 28405-3W IECEWED
Phone: [phone]FAX [phone]Internet: www.ncoDastalmanagement.net SEP 12 2014
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DC'N1-W1DCffY

Cape Fear Public Utility Authority
c/o Mr. Carel Vandermeyden, PE
September 11, 2014
Page 2 of 2
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 review of the Coastal Area Management Act, Coastal Resource Commission's rules, and the local
jurisdiction's Land Use Plan, the activity you have undertaken appears consistent with the guidelines for Areas of
Environmental Concern. Therefore, restoration of the impacted area is not requested at this time. Please be aware
that Section 15A NCAC 07J.0201 states that every person or entity wishing to undertake any development in an AEC
shall obtain a permit from the Department.
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 my submission of an enforcement report to the District
Manager, CFPUA Will be notified as to the amount of a civil assessment for undertaking development without first
obtaining the proper permit(s).
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.
Sincerely,
Tara MacPherson
Coastal Management Representative
Cc: Debra Wilson, District Manager, DCM
Roy Brownlow, Compliance Coordinator, DCM
Ken Vafier, LPO
1 RECEWW
t
SEP 12 2014
DCM-WMCrrY
127 Cardinal Drive Ext., Wilmington, North Carolina 28405-3845
Phone: [phone] FAX: 910-39W9641Internet: www.nocoastalmanagement.net
An Equal Opportunity 1 Affirmative Action Employer— 50% Recycled 110% Post Consumer Paper

DCM ENFORCEMENT TRACKING REPORT
Tance Rep.
4a ■
Initial Discovery Date
Violation Description
Prior
Phone #
Discovery
I1 it, L(.
City
Fax #/Email
Violation Case No. I ( `
Permit
(if applicable)
Was aciiKity permittae. Yes
iaowner�uwim��0
State Zip,""" n���(bbb r` 1"
Corporate Name & Registered agent
Violation Type: Project Type: Authorizations Required: Site Visits Respondent Site Visits Respondent
Preset Present
No Permit PrivatelCommunity Major CAMA (� 0
PermA Condition Govt./Public Minor Q D&F
Faired Permit Commercial General ---
�,Inconsistent w/Rules Tier Level: I II III
Violation Location and Site ,tAD,es\cripti n/ /
Project Location: County OW
�7_ 4� Ill Y /V
Street Addrffss/ State B4ad/ L ft #(s)
CityJ-1 \At Y I W
Phone # ( " ),
Adj. Wtr. Body
Closest Maj. Wtr. Body
Restorations
NOV Date Z ` I
CNOV Date
Penalty Assessment
Sent to Respondent Date
ZIP
River Basin
Initial Req. Comp. Date
Date Comp. Observed
Penalty
Rcvd. by Dist. Mgr. Date
Assessment Extended; RVWIVEDNo WillfuVlnte
Continuing
SEP 12 2014 Investigati�
Lat/Long IV
Sderoline-Length
SAM Not Sure Yes
Sandbags: Not Sure Yes fo
pNA: Yes No Adjacent
ORW: es �Nol Adjacent
Crit. Had. Yes
Photos Yes
Waiver Required Yes
In DWQ Buffer Area Yes No
Specify DWQ Buffer it applicable:
Extension Granted Yes No
Restoration Letter
Acceptance Date
7J.0409 Ref.
Recomm. Assess.
DCM Assess.
$
$
$
$
.Total

Formal Assessments, Appeals and Reductions
Date Long Form Submitted
Date Formal CPA Submitted
Final Assessment. $ Date
Attorney General's Office for Injunction or Formal Collection
Assessment Appealed: Yes No
Q Penalty modified
Date sent to AG E] Respondent not responsive to penalty/NOV Injunction to complete restoration
Date Collection Letter Sent Date Demand Letter Sent
Violation Activities and Impacts
AECs -
Affected:^
OW EW PTA &PTS
OEA HHF IH UBA N/A
PWS: Fc:
Restoration Required by the Respondent Yes / No
NOTES:
Wetlands Impacted? Y / No If yes, which types:
SA DS CJ SY JR LS TY
SS SC SP IF BF 404
EP 12 2014
CTI
Closing
Payment Received $ Date Date Case Closed

NCDEE R
North Carolina Department of Environment and Natural Resources
Pat McCrory John E. Skvarla, III
Governor
Secretary
September 17, 2014
CERTIFIED MAIL 7011 0110 0000 9947 1478
RETURN RECEIPT REQUESTED
Cape Fear Public Utility Authority
c/o Mr. Carel Vanderrneyden, PE
Director of Engineering
235 Government Center Drive
Wilmington, NC 28403
RE: CAMA VIOLATION #14-17D
Dear Mr. Vandermeyden:
This letter is in reference to the Notice of Violation dated September 11, 2014 that Tara MacPherson,
representative for the Division of Coastal Management, issued to you for unauthorized installation of a new
waterline extension adjacent to adjacent to the Atlantic Intracoastal Waterway (AIWW) in Wilmington, off Bald
Eagle Lane, New Hanover County, North Carolina. The violation involved the 575 ft. Estuarine Shoreline 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 $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 $800 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 $800 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 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 hav*ortunity to
request a hearing on the penalty or request settlement of the penalty.
SEP Z 8 zM+
DCM-Mw[v ON
127 Cardinal Drive E#., Wilmington, North Carolina 28405-3845
Phone: [phone] FAX: [phone] Internet: www,nocoastalmanagement.net
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CFPUA
c/o Mr. Vandermeyden, PE
September 17, 2014
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,
Debra Wilson
District Manager
Enclosures
cc: Roy Brownlow, Compliance Coordinator, DCM
Ben Andrea, LPO
WiRO files
RECENED
SEP 2 B 7Rr4
DCM-MINID S*Y
127 Cardinal Drive Ext., Wilmington, North Carolina 28405-3845
Phone: [phone] FAX: [phone] Inlemet: www,nccoastalmanagement.net
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CFPUA
c/o Mr. Vandermeyden, PE
September 17, 2014
Page 3
CAMA VIOLATION #14.17D
Cape Fear Public Utility Authority
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 $800 against me for violation of the Coastal Area Management Act, NCGS
113A-100 et sec, committed on or near property located off Bald Eagle Lane in New Hanover 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 September 11, 2014, and agree to pay the
proposed civil assessment of $800.
DATE
SIGNATURE
ADDRESS
TELEPHONE NUMBER
127 Cardinal Drive Ext., Wilmington, North Carolina 28405-3846
Phone: [phone]FAX: [phone]Internet: www.ncooastalmanagement.net
An Equal Opportunity 1Affirmative Action Employer— 50% Recycled 110% Post Consumer Paper

DCM ENFORCEMENT TRACKING REPORT
flti�Il�AIl
Initial Discovery Date
Violation Description
Prior
Phone #
Discovery
Violation Case No. I ( l
Permit
Was a Kii
n S
(if applicable)
Yes
tLanaowner„genu�omruuwrr
-1 City „ m..� .. ,.l '!/� State, . Zips/
Fax #/Email
Corporate Name & Registered agent
Violation Type: Project Type: Authorizations Required: Site Visits Respondent Site Visits Respondent
Presegt Present
No Permit Private/Community Major CAMA ( I 0 a
Permit Condition Govt./Public Minor �. D&F U
Expired Permit E Commercial fl General El
Inconsistent w/ Rules Tier Level: I II 111
I
Violation Location and Site De"s\cnpti n
�(
,
Lat/Long
Project Location: County
y�.
y r� �1
V
SbemWol ength
Street Addi rffss/
State ad/ #(a)
SAV: Not Sure
Yes
Sandbags: Not Sure
Yes
o
PNA:
Yes
No
Adjacpent��CA�cn
Sub iVi5i0
ORW:
6
No
Adjaw%CE ""'
City . t �l` ZIP
Cdt. Hab.
Yes
SEP 2 8 2lIN
Phone # ( .River
/
y
Photos
Yes
`). `Basin
Waiver Required
Yes
�M-NIHD CIIV
Adj. Wtr. Body V V a /man /unkn
In DWO Buffer Area
Yes
No
Closest Maj. Wtr. Body 1 )
Specify DWO Buffer applicable:
NOV Date 41
CNOV Date
Penalty Assessment
Sent to Respondent Date
Rcvd. by Dist. Mgr. Date
Assessment Extended
Initial Req. Comp. Date
Date Comp. Observed
&1, n I App./Permit Fee
Yes No I
Willful/Intent.
Continuing
Extension Granted Yes No
Restoration Letter
Acceptance Date
7J.0409 Ref.
Recomm. Assess.
DCM Assess.
y_$
$
$
$
.Total

Formal Assessments, Appeals and Reductions
Date Long Forth Submitted Assessment Appealed: 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 penalty/NOV D Injunction to complete restoration
Date Collection Letter Sent Date Demand Letter Sent
Violation Activities and Impacts ��
AECs Affected:
CW EW PTA &�) PTS
OEA HHF IH UBA N/A
PWS: FC:
Other.
Restoration Required by the Respondent Yes / No
NOTES:
Closing
Wetlands Impacted? Y / No
SA DS cJ SY JR
SS SC SP IF BF
Payment Received $ Date Date Case Closed
If yes, which types:
LS TY
404

4
NCDENR
North Carolina Department of Environment and
Division of Coastal Management
Pat McCrory,
Governor
September 24, 2014
Cape Fear Public Utility Authority
c/o Mr. Carel Vandermeyden
Director of Engineering
235 Government Center Drive
Wilmington, NC 28403
Natural Resources
John E. Skvada, III
Secretary
RE: Closure Letter
Payment of Proposed Penalty for Violations of the Coastal Area Management Act,
Committed in New Hanover County
CAMA Violation #14-17D
Dear Mr. Vandermeyden:
This letter will acknowledge receipt of your check #55808, in the amount of $800.00, dated September 10,
2014. Once the amount is credited to the Department of Environment and Natural. Resources' account, 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
DDW/ph
cc: Roy Brownlow, Compliance Coordinator
WIRO File Copy
Ben Andrea, New Hanover County LPO
127 Cardinal Drive Ext., Wilmington, NC 28405
Phone: [phone] FAX: [phone] Internet: www.nccoastalmanagement.net
RECEIVED
SEP 8 9 70.11
DCM-MHD CITY
An Equal Opportunity l Affirmalim Action Employer

M
Cape FeaE
Public Utility Authority
Stewardship. Sustainability. Service.
September 23, 2014
Ms. Debbie Wilson, District Manager/Express Permit Coordinator
NC Department of Environment and Natural Resources
Land Quality Section
127 Cardinal Drive Extension
Wilmington, NC 28403
Re: CAMA Violation #14-17D
Dear Ms. Wilson,
On September 19, 2014, the Cape Fear Public Utility Authority received notice of the CAMA
Violation #14-17D for the Bald Eagle Lane Water Line Extension project.
Enclosed is a signed agreement and $800 check to resolve this matter.
If you have any questions, please call me at 910-332-6654.
Sincere/ly,
6 _
n ermey en
Director of Engineering
235 Government Center Drive, Wilmington, NC 28403
t: 910-332-6560 f: 910-332-6353 www.cfpua.orq
RECEIVED
SFP 2 9 1014
DCM-MHD CITY
RECEIVED
DCM WILMINGTON, NO

•CFPUA
c/o Mr. Vandenneyden, PE '
September 17, 2014
Page 3 SEP 1 9 2014
CAMA VIOLATION #14.17D -
Cape Fear Public Utility Authority
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 $800 against me for violation of the Coastal Area Management Act, NCGS
113A-100 et sec, committed on or near property located off Bald Eagle Lane in New Hanover 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 September 11, 2014, and agree to pay the
proposed civil assessment of $800.
Z3 1
DATE
SIGNATURE
614�94w'
ADDRESS
2 s �csmAic-:7u7-CWW Da
wo)6L4re u Azc�O 03
/O - 3z- 6
TELEPHONE NUMBER
RECEIVED
SEP 2 9 1014
DCM-MHD CITY
RECEIVED
DCM WILMINGTON, NC
127 Cardinal Drive Ext., Wilmington, North Carolina 28405-3845 ' - 2 4 2014
Phone: [phone], FAX: [phone]Internet: www.nccoastalmanagement.net -�
An Equal Opportunity 1 Affirmative Action Employer- 50% Recycled 110% Post Consumer Paper

DCM ENFORCEMENT TRACKING REPORT
Rep.
djancte Rep. t \
LPO
k Violation Descrip
Initial Discovery Date
/ VlolationnDDje'sscri�ption�
Respondent Infort7
(n�lespj/o1nndeen a��$)/t,
drL�Ss :
Phone
tl
Discovery
Is9rr Violation Case No.
tkd' ` Permit No. —
El (if applicable)
Was a w;ty permitta " Yes ANo
7
Pri ase No:
(Landowner/Agent/Contract�or))
pity ( States Zip _{i u _
Fax #!Email
Corporate Name & Registered agent
Violation Type: Project Type: Authorizations Required: Site Visits Respondent Site Visits Respondent
t Present
. No Permit Private/Community, Prese
Major CAMA '
Permit Condition Govt./Public Minor "� D8F
Expired Permit Commercial General
Inconsistent w/Rules Tier Level: I II 111
ti
Violation Location and Sit�e1J D`esslcript{t-iQI{n/ f
Project Location: County t1 /�J V
Street Addrgss/ State %ad/ L ft #(a) „
City .0 r t
Phone # _77
Adj. WV. Body
Closest Maj. Win Body
Restoration
NOV Date v ` I
CNOV Date
Penalty Assessment
Sent to Respondent Date
Rcvd. by Dist. Mgr. Date
River Basin
Assessment Extended Yes No
Initial Req. Comp. Date
Date Comp. Observed
Lat/Long IN
SAM Not Sure Yes
Sandbags: Not Sure Yes toPNA: Yes Adjacent
ORW. (9 NO Adjacent
Cit. Hab. Yes
Photos Yes RECEIVEC
Waiver Required Yes SEP L9 �
In DWQ Buffer Area Yes No
Specify DWQ Buffer if applicable: CM,Afier
Extension Granted Yes No
Restoration Letter
Acceptance Date
7J.0409 Ref.
Recomm. Assess.
DCM Assess.
$
$
$ --
$
$
$
Total
11

Formal Assessments, Appeals and Reductions
Date Long Form Submitted
Date Formal CPA Submitted
Final Assessment. $ Date
Attorney General's Office for Injunction or Formal Collection
Date sent to AG
Date Collection Letter Sent
Violation Activities and Impacts
AECs Affected:
CW EW PTA
OEA HHF IH UBA
PWS FC:
Restoration Required by the Respondent
Assessment Appealed: Yes No
-f--J Penalty modified
,Q Respondent not responsive to penalty/NOV C] Injunction to complete restoration
Date Demand Letter Sent
Wetlands Impacted? Y / No
PTS
N/A SA DS CJ SY
SS SC SP IF
Yes / No
If yes, which types:
JR LS TY
BF 404
Dimensions in excess
of permit' unauthorized activities
Dimensions to restore
Final dimensions
allowed
Actually restored
HEM
NOTES:
SEP 2 9 7014
DCM-MHD CI1V
Closing
Payment Received $ Date Date Case Closed