14-06D Chance

NCDENR
North Carolina Department of Environment and Natural Resources
Division of Coastal Management
Pat McCrory,
Govemor
Au t7,214
Mr. David Chance
6425 Sentry Oaks Drive
Wilmington, NC 28409
RE: Closure Letter
John E. Skvarla, III
Secretary
Payment of Proposed Penalty for Violations of the Coastal Area Management Act,
Committed in New Hanover County
CAMA Violation #14-06D
Dear Mr. Chance:
This letter will acknowledge receipt of your check #5757, in the amount of $540.00, dated April 28, 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
LUC D PILI 110 C
127 Cardinal Drive Ext., Wilmington, NC 28405
Phone: [phone] FAX: 910J9"964 Internet: www.nccoastalmanagement.net
An Equal Opportunity 1 Affirmative Action Employer

%CM ENFORCEMENT TRACKING REPORT
Field Rep. yJ IT'S Is
Violation Case No.
ompliance Rep.
LPO (��rr`df�Y,O �fr( (,r 0 Permit No.
;.� (if applicable)
Violation Description Was activity permittable9& No
Initial Discovery Date tLD�,,iscovery Method t//1J1�
Vinlatinn ringnrintinn ire. cl-V,,,.t7L✓l dr C Ni.ui •YI` �I z),,Z
or D/F Violations:
Respondent Name(s) ak"V iy `-VY.tt 1 L I tLanaownenHgenvi-omraraori
Address / 25 447^ 41k A" Yf City State JI ZC Zip WY02
Phone # 5q� - 2 Fax #/Email [
Corporate Name & Registered agent
Violation Type: Project Type: Authorizations Required: Site Visits Respondent Site Visits Respondent
Present 1- Present
No Permit Private/Community Major �MA III rY, l tj
[]�--t` Permit Condition I] Govt./Public n Minor U_ D&F
El Expired Permit El Commercial Q General
O,. inconsistent w/ Rules Tier Level: I I® III
Violation Location and Site Description
Project Location: County &/&,v
Street Address/ State Road/ Lot #(s)
Subdivision �Gw �'L t7`--LL
City LAIeyh �-V 40:0.7 ZIP._
Phone#(`_verBasin _�
Adj. Wtr. Body i^! 6-i/'Ce not/unknj__
Closest Mai Wtr Body f-nfLPt� ✓� ���-SL`N�y�
LavLong
Shoreline Length_ 115
SAV: Not Sure
Yes
r00
Sandbags: Not Sure
yesi
PNA:
Yes
!g Adjacent
ORW:
Yes
Jo Adjacent
Cdt. Hab.
Y�ea(t
Photos
No
Waiver Required
Yes
©�/°�
In DWQ Buffer Area
Yes
49�
Specify DWQ Buffer if applicable:
Restoration
NOV Date i I
CNOV Date $ Li
Penalty Assessment
Sent to Respondent Date
Rcvd. by Dist. Mgr. Date
Assessment Extended Yes
No
Initial Req. Comp. Date
Date Comp. Observed
App./Permit Fee
Penalty
WillfuVlntent.
Extension Granted Yes No
Restoration Letter
Acceptance Date
7J.0409 Ref.
Recomm. Assess.
DCM Assess.
$
$
$
$
$
$
$
$
Total

a
Formal Assessments, 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 U Injunction to complete restoration
Date Collection Letter Sent Date Demand Letter Sent
Violation Activities and Impacts
AECs Affected: �Wetlands Impacted? Yes No If yes, which types:
CW (/E'W�/ 1`y ES PTS
OEA T117F IH UBA N/A SA DS CJ SY JR LS TY
PWS: FC: SS SC SP IF BF 404
Other: tPa�
Restoration Required by the Respondent Yes / No p" ,,f A''" ✓ld �'�t'��k S
Dimensions in excess
of permit/ unauthorized activities
Dimensi
ns to restore
Final dimensions
allowed
Actually restored
Development Activities
..,.''.
....
,.
.:;.., .:
'dgz
rHabitat Description
-
NOTES
Closing l�(� ' /
Payment Received $ l u'Date "( ` -5bJ I q Date Case Closed �— 17

Al
NEVER
North Carolina Department of Environment and Natural Resources
Pat McCrory
Governor
CERTIFIED MAIL 7011 0110 0000 3789 2686
RETURN RECEIPT REQUESTED
Mr. David Chance
6425 Sentry Oaks Drive
Wilmington, NC 28409
RE; CAMA VIOLATION #14-06D
Dear Mr. Chance:
John E. Skvarla, III
Secretary
April 17, 2014
V Ova-'
-T31Rfl-'S I17b1 Es,�
This letter is in reference to the Notice of Violation dated March 17, 2014 that Mr. Robb Mairs, Field
Representative for the Division of Coastal Management, issued to you for an unauthorized fixed access piers
and floating dock installation at located at 417 Bradley Creek Point Road adjacent to Bradley Creek located in
Wilmington, New Hanover County. The violation involved Estuarine Water and Public Trust Areas, which are
Areas 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 $540 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 $540 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 senda 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.
127 Cardinal Drive Ext., Wilmington, NC 28405
Phone: [phone] FAX: 91M95-3964 Internet: www.nccoastalmanagement.net
An Equal Opportunity 1 Arfirmalive Action Employer

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
VMS
cc: Roy Brownlow, Compliance Coordinator, DCM
Robb Mairs, Coastal Management Field Representative, DCM
Christine Bouffard, LPO
Wanda Stimpson, Blue Heron Developers, Inc.

CAMA VIOLATION #14-06D
Mr. David Chance
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 $540 against me for violation of the Coastal Area Management
Act, NCGS 113A-100 et seg, committed on or near property located at 417 Bradley Creek Point Road 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 March 17, 2014, and
agree to pay the proposed civil assessment of $540.
DATE
SIGNATURE
ADDRESS
TELEPHONE NUMBER

fob
CAMA VIOLATION #14-06D
Mr. David Chance
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 $540 against me for violation of the Coastal Area Management
Act, NCGS 113A-100 at sec, committed on or near property located at 417 Bradley Creek Point Road 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 March 17, 2014, and
agree to pay the proposed civil assessment of $540.
`�lz�l ty
DATE
SIJG
ADDRESS
wtl,%cttt�j Nk— 2YYo7
asa 34a �6 r9
TELEPHONE NUMBER
. RECEIVED
r' MAY 6 2014
D'f MADCrry
RECEIVED
DCM WILMINGTON, NC
1 jt�M4

NCDENR
North Carolina Department of Environment and
Division of Coastal Management
Pat McCrory Braxton C. Davis
Governor Director
NOTICE OF VIOLATION
March 17, 2014
CERTIFIED MAIL 70110110 0000 99471522
RETURN RECEIPT REQUESTED
Mr. David Chance
Natural Resources
John E. Skvarla, III
Secretary
MAR 2 6 2014
6425 Sentry Oaks Drive DW-Nil
Wilmington, NC 28409
RE: NOTICE OF VIOLATION AND REQUEST TO CEASE UNAUTHORIZED DEVELOPMENT
CAMA VIOLATION #14-06D
Dear Mr. Chance:
This letter confines that on March 7, 2014, 1 was on -site at your property located at 417 Bradley Creek Point Road
adjacent to Bradley Creek located in Wilmington, New Hanover County, North Carolina. The purpose of the visit was
to investigate unauthorized development of a fixed access pier and floating dock at an existing docking facility,
creating a third slip, within Bradley Creek. This letter also confirms my March 14, 2014 phone conversation with your
residential contractor, Ms. Wanda Stimpson regarding this matter.
Information gathered by me for the Division of Coastal Management indicates that your marine contractor, Mr. Derek
Smith with Bogue Banks Marine Construction, has 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-1 18.
I have information that indicates you have undertaken or are legally responsible for installation of a 18 ft. by 6 ft. (108
sq. ft.) fixed access pier and a 21 ft. by 6 ft. (126 sq. ft.) floating dock, creating a third slip, at your existing docking
facility on the aforementioned property. This activity took place in Estuarine Water and Public Trust Areas that are
contiguous with Bradley Creek. Estuarine Water and Public Trust Areas are designated as Areas of Environmental
Concern (AEC). No CAMA permit was issued to you for work in these Areas. Based on these findings, I am initiating
an enforcement action by issuing this Notice of Violation for violation of the Coastal Area Management Act.
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
127 Cardinal Drive Ext., Wilmington, North Carolina 28405-3845
Phone: [phone] FAX: 910-39"9641Internet: www.nocoastalmanagement.net
An Equal Opportunity 1 Affirmative Action Employer— 50% Recycled 110% Post Consumer Paper

Mr. David Chance
March 17, 2014
Page 2 of 3
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, installation of a 18 ft. by 6 ft. (108 sq. ft.) fixed access pier
and a 21 ft. by 6 ft. (126 sq. ft.) floating dock, creating a third slip, at your existing docking facility in the Estuarine
Water and Public Trust Areas AEC(s), is not consistent with Section 15A NCAC 07J.0201 which states that every
person wishing to undertake any major development in an AEC shall obtain a permit from the Department. However,
based upon further 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 remaining guidelines
for Areas of Environmental Concern. Therefore, I am requesting that the unauthorized access pier and floating dock
be removed unless confirmation is provided that the adjacent riparian property owners have been notified by certified
mail of the new development (or a written statement signed by the adjacent riparian property owners indicating that
they have no objections to the new development is obtained). 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 about these
important matters.
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, you will be notified as to the amount of a civil assessment for undertaking development without first
obtaining the proper permit(s).
Sinc
Robb Mairs
Coastal Management Field Representative
Cc: Debra Wilson, District Manager, DCM
Roy Brownlow, Compliance Coordinator, DCM
Christine Bouffard, LPO
Wanda Stimpson, Blue Heron Developers, Inc.
Derek Smith, Bogue Banks Marine Construction
127 Cardinal Drive Ext., Wilmington, North Carolina 284053845
Phone: [phone]\ FAX: [phone] \ Internet: www.n=astaimanagement.net
An Equal Opportunity \ Affirmative Action Employer — 50% Recycled \ 10% Post Consumer Paper
�
MAR 2 8 2014

Mr. David Chance
March 17, 2014
Page 3 of 3
RESTORATION PLAN
For
Mr. David Chance Property
CAMA Violation No.14-06D
Property located at 417 Bradley Creek Point Road, New Hanover County
1. Remove the unauthorized access pier and floating dock
or
2. Provide confirmation that the adjacent riparian property owners have been notified by certified mail of the
new development or obtain a written statement signed by the adjacent riparian property owners indicating
that they have no objections to the new development (see attached forms).
I, Mr. David Chance, agree to complete this restoration to the satisfaction of the Division of Coastal Management
(DCM) by April 17, 2014, 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.
127 Cardinal Drive Ext., Wilmington, North Carolina 28405-3945 ack-Afta7v
Phone: [phone] FAX: [phone]nlemet: www.nocoastalmanagement.net
An Equal Opportunity 1 Affirmative Action Employer- 50% Recycled 110% Post Consumer Paper

DCM ENFORCEMENT TRACKING REPORT
Meld Rep. 2A hill issId
;ompliance tRep.
LPO (:�nrlr5'�'(t-,Q d%I 4 f]
Violation Description
Initial Discovery Date �k1 Discovery Method
Violation Description C rS�nt h1utf%i�t a R C
or D/F Violations:
Respondent
/N' ame(s)
Address /11 NZ1
Phone # 171/7 �
City
Violation Case No.—G��
Permit No.
(if applicable)
Was activity
No
C
State -Ai Z9 zip i&
Corporate Name & Registered agent
'
Violation Type:
Project Type:
Authorizations Required:
Site Visits Respondent Site Visits
Respondent
® No Permit
_ Prvate/Community
� Major CAMA
Pres t
�� IH �rr
Present
❑ Permit Condition
❑ Govt./Public
Minor D&F
LJ
❑ Expired Permit
-,❑. Commercial
Q General
❑
❑
Inconsistent w/ Rules
Tier Level: 1 I®
III
❑
❑
Violation Location and Site Desc
Project Location: County l J&'y 17GN?D114/'
Street Address/ State Road/ I,qt #(s)
Subdivision �6%.,-Le
City . it h6 /UN zip
Phone # ( _) River Basin Cam= 4 MQ//
/�
Adj. Wtr. Body 1 L+1 C✓lee 4 (net A0/ul
J
Lat/Long
—1151^
Shoreline Length
SAV: Not Sure
Yes t-.0
Sandbags: Not Sure
Yes �l
PNA:
Yes Adjacent
ORW:
Yes J� Adjacent
Grit. Hab.
Yes
Photos
a No
Waiver Required
Yes ,f
CJ
In DWQ B ff A
Yes N9
Closest Maj. Wtr. Bad I/ u er rea
Specify DWQ Buffer if applicable: I nAR 2S 2014
Restoration
NOV Date 3 p l N
CNOV Date
Penalty Assessment
Sent to Respondent Date
Rcvd. by Dist. Mgr. Date _
Assessment Extended Yes No
Initial Req. Comp. Date
Date Comp. Observed
App./Permit Fee
Penalty
Willful/Intent.
Continuing
Extension Granted Yes
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
Assessment Appealed: Yes No
Penalty modified
Attorney General's Office for Injunction or Formal Collection
Date sent to AG Respondent not responsive to penalty/NOV Fj Injunction to complete restoration
Date Collection Letter Sent Date Demand Letter Sent
Violation Activities and Impacts
AECs Affected:�\\1Wetlands Impacted? Yes No If yes, which types:
cW (EW/ ITT ! ES PTS
OEA ?kit= IH UBA N/A SA DS CJ SY JR LS TY
PWs: FC: SS SC SIP IF BF 404
Other:
o—f-4i— k,, rho vow r nr. Of/n.✓X lhr.. ✓iG' I !' ihfC'� S
Dimensions in excess Dimensi
of permit/ unauthorized activities
ns to restore
Final dimensions
allowed
Actually restored
ray A�j�
p
o C!
'A y`"
1,l . i� n''i +'p" ls'Y'v 'eq
ry+m ., Y U'.. i.r` ..:
. 1,.. 6'Z�e .X�e—.
NOTES:
Closing
Payment Received $
Date Case Closed

05
._ 4
N ENR
North Carolina Department of Environment and Natural Resources
Pat McCrory John E. Skvarla, III
Governor Secretary
April 17, 2014
CERTIFIED MAIL 7011 0110 0000 3789 2686
RETURN RECEIPT REQUESTED
Mr. David Chance
6425 Sentry Oaks Drive
Wilmington, NC 28409
RE: CAMA VIOLATION #14-06D
Dear Mr. Chance:
This letter is in reference to the Notice of Violation dated March 17, 2014 that Mr. Robb Mairs, Field
Representative for the Division of Coastal Management, issued to you for an unauthorized fixed access piers
and floating dock installation at located at 417 Bradley Creek Point Road adjacent to Bradley Creek located in
Wilmington, New Hanover County. The violation involved Estuarine Water and Public Trust Areas, which are
Areas 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 $540 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 $540 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 have the
opportunity to request a hearing on the penalty or request settlement of the penalty.
RECEIVED
APR 2 3 2014
DCM-MHD CITY
127 Cardinal Drive Ext., Wilmington, NC 26405
Phone: [phone] FAX: [phone] Intemet: www,nccoastalmanagement.net
An Equal Opportunity \ Affirmative Action Employer

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,
SeN
Debra Wilson
District Manager
Enclosures
Rm/Dw
cc: Roy Brownlow, Compliance Coordinator, DCM
Robb Mairs, Coastal Management Field Representative, DCM
Christine Bouffard, LPO
Wanda Stimpson, Blue Heron Developers, Inc.

CAMA VIOLATION #14-06D
Mr. David Chance
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 $540 against me for violation of the Coastal Area Management
Act, NCGS 113A-100 et sue, committed on or near property located at 417 Bradley Creek Point Road 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 March 17, 2014, and
agree to pay the proposed civil assessment of $540.
DATE
SIGNATURE
ADDRESS
TELEPHONE NUMBER
RECEIVED
APR 2 3 2014
nct0malt'