14-07D Bouge Banks Marine Construction

Pat McCrory,
Governor
MA
NCDENR
North Carolina Department of Environment and Natural Resources
Division of Coastal Management
April 23, 2014
Mr. Derek Smith, Bogue Banks Marine Construction, Inc.
111-D Turner's Dairy Road
Morehead City, NC 28557
John E. Skvarla, III
Secretary
RE: Closure Letter
Payment of Proposed Penalty for Violations of the Coastal Area Management Act,
Committed in New Hanover County
CAMA Violation #14-07D
Dear Mr. Smith:
This letter will acknowledge receipt of your Check #3108, in the amount of $540.00, dated April 21, 2014.
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.
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,
i
Debra D. Wilson
District Manager PtECEPIZID
DDW/ph y
MAY 62014
cc: Roy Brownlow, Compliance Coordinator
WIRO File Copy DCM•MHDcrM
127 Cardinal Drive Ext., Wilmington, NC 28405
Phone: [phone] FAX: [phone]Internet: www,nccoastalmanagement.net
An Equal Opportunity 1 Affirmative Action Employer

M ENFORCEMENT TRACKING REPORT
Rep. �
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(if applicable)
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or D/F Violation / No
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Violation Type:
Proj Type:
Author. ations Required:
S@e Vis is Respondent
Present
Sde Visits Respondent
Present
No Permit
Pr.vate/Community , Major CAMA
Permit Condition
Govt./Public
Minor
D&F
Expired Permit?
Commercial
General
rl
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Inconsistent w/ Rules
Tier Level: 1
II III
Violation Location and Site Description
Project Location: County �ALQM/ &yu-OkQ�
Street Address/ State Road/ Lot #(s)
Subdivision
City
Phone # (��)
Adj. Wtr. Body
Closest Maj. WV. Body _
NOV Date
CNOV Date
Penalty Assessment
Sent to Respondent Date
ZIP. 2��0i
Basin if-17aAP FC/
Lat/Long
Shoreline Length
SAV: Not Sure
Yes
Sandbags: Not Sure
Yes
PNA:
Yes
® Adjacent
ORW:
Yes
)t9 Adjacent
Cdt. Hab.
Yes
60)
Photos
"
No
Waiver Required
Yes
@ RECEWM
In DWQ Buffer Area
Yes
f
Specify DWQ Buffer 9 applicable:
"'406—$ie 14
Initial Req. Comp. Date
Date Comp. Observed
App./Permit Fee"
r Penalty
Rcvd. by Dist. Mgr. Date
Willful/Intent.
Assessment Extended Yes No
Continuing
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Extension Granted Yes No
Restoration Letter DCMMHDCnY
Acceptance Date
7J.0409 Ref.
Recomm. Assess.
DCM Assess.
$ ,----.
$
.Total

CAMA VIOLATION #14-07D
Bogue Banks Marine Construction, Inc.
c/o Mr. Derek Smith
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
Wilmington, 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 24, 2014, and agree to pay the proposed civil assessment of $540.
DATE SIGNATURE
111- b`]-tarrl2,� .� r n1 'K cT
ADDRESS
a5a- 7GO -OrTK.5 CCU
TELEPHONE NUMBER
REC13MED
MAY 6 2014
DCMMHDCMr
RECEIVED
DCM WILM NG ON, NC

F- 7
NODE IWR
North Carolina Department of Environment and Natural Resources
Pat McCrory
Governor
April 17, 2014
CERTIFIED MAIL 7011 0110 0000 3789 2655
RETURN RECEIPT REQUESTED
Bogue Banks Marine Construction, Inc.
c/o Mr. Derek Smith
111-D Turners Dairy Road
Morehead City, NC 28557
RE; CAMA VIOLATION #14-07D
Dear Mr. Smith:
John E. Skvarla, III
Secretary
This letter is in reference to the Notice of Violation dated March 24, 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.
127 Cardinal Drive Ext., Wilmington, NC 26405
Phone: [phone] FAX: [phone] Internet: www.nocoastalmanagement.net
rD
RECEIVEDPR 2 3 2014
CM-MRD CrrY
An Equal Opportunity 1 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,
Debra Wilson
District Manager
Enclosures
K. N a",
cc: Roy Brownlow, Compliance Coordinator, DCM
Robb Mairs, Coastal Management Field Representative, DCM
Christine Bouffard, LPO
Wanda Stimpson, Blue Heron Developers, Inc.
rAPREC&IVEt)
A 9 g

w
CAMA VIOLATION #14-07D
Bogue Banks Marine Construction, Inc.
c/o Mr. Derek Smith
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 sec, committed on or near property located at 4,17 Bradley Creek Point Road, in
Wilmington, 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 24, 2014, and agree to pay the proposed civil assessment of $540.
DATE
SIGNATURE
ADDRESS
TELEPHONE NUMBER

ENFORCEMENT TRACKING REPORT
Rep.
l 'Lib r `�r,�' s Issuef�
�
diance Rep.
El
Initial Discovery Date 3 y, Discovery Method
1 4�l_ LFM
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Vio?11nrC ase No." v
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Was activity pETnHttable??ne 7 No
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S [^ ifve+er iri N City .1MOrel y state,Azr— zip LL4�S
# Fax #/Email
Violation Type:
Proj Type:
�
Auations Required:
thor
Slte Visits Respondent
Present
Site Visits Respondent
Present
No Permit
�:J "'vate/Community
Major F,�J'CAMA
_ �_
❑
n` Permit Condition
0' Govt./Public
Minor
D&F
--—
❑
ta,j Expired Permit
❑ commercial
General
----
El
Inconsistentw/ Rules
Tier Level: I
II III
-
Violation Location and Site Description
� f'
Project Location: County A(6ky— /TG'✓�rvv`�
Street Address/ State Road/ Lot #(s)
UJ-a PH/:J/" lrr[r`
Subdivision 1 *4 "V f c / I I
clty;_W �vLtit�rfl7xlZIP 2&-42
Phone#( _) RiverBasin�C �_�
Adj. Wtr. Body ^ C it �7natJ man unlm
Closest Maj. Wtr. Boddy�,.iee lei �riLo
NOV Date Initial Req. Comp. Date
CNOV Date Date Comp. Observed
Penalty Assessment
Sent to Respondent Date
Rcvd. by Dist. Mgr. Date
Assessment Extended Yes No
App:/PernikFee
Penalty
Willful/Intent.
Continuing
Lat/Long
Shoreline Length
SAV. Not Sure
Yes
©o
Sandbags: Not Sure
Yes
PNA:
Yes
ORW:
Yes
�o
Grit. Hab.
Yes
�t97
Photos
e
Waiver Required
Yes
,No
C'y
InDWQBuffer Area
Yes
Spec'rfy DWQ Buffer if applicable:.!
Adjacent
Adjacent
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 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 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 EW PTA ES PTS
OEA HHF IH UBA N/A SA DS cJ SY JR LS TY
cws- Fr.- sS SC SP IF BF 404
Restoration Required by the Respondent Yes / No
Dimensions in excess
of permittunauthorized activities
Dimensions to restore
Final dimensions
allowed -
Actually restored
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NOTES:
Closing
Payment Received $ Date DaWCase Closed

North Carolina
Pat McCrory
Governor
�
mA`*�
NCDENR
Department of Environment and Natural Resources
Division of Coastal Management
Braxton C. Davis
Director
L`I6]UIli 410l1"/Is] >-1C0
March 24, 2014
CERTIFIED MAIL 7011 0110 0000 3789 2679
RETURN RECEIPT REQUESTED
John E. Skvada, III
Secretary
(1fEC Ww
MAR 2 Q 2014
Bogue Banks Marine Construction, Inc. DCU_MMC 7y
c/o Mr. Derek Smith
111-D Turners Dairy Road
Morehead City, NC 28557
RE: NOTICE OF VIOLATION AND REQUEST TO CEASE UNAUTHORIZED DEVELOPMENT
CAMA VIOLATION #14-07D
Dear Mr. Smith:
This letter confines that on March 7, 2014, 1 was on -site at property owned by Mr. David Chance 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 Mr. Chance's residential contractor, Ms. Wanda Stimpson regarding this matter.
Information gathered by me for the Division of Coastal Management indicates that Bogue Banks Marine Construction
Inc. 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 Bogue Banks Marine Construction, Inc. has 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 the 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 Bogue Banks Marine
Construction, Inc. 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. 11 3A-1 26.
127 Cardinal Drive Ext., Wilmington, North Carolina 28405-3M
Phone: [phone] FAX: [phone]Internet: www.nccoastalmanagement.net
An Equal Opportunity 1 Affirmative Action Employer— 50% Recycled 110% Post Consumer Paper

Bogue Banks Marine Construction, Inc.
c/o Mr. Derek Smith
March 24, 2014
Page 2 of 2
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 7J.0409(g)(4)(E), the policy of the
Coastal Resources Commission is to levy a civil assessment against contractors in addition to that assessed against
the landowner. Therefore, you should expect a civil assessment to be levied against Bogue Banks Marine
Construction, Inc.
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 at (910)
796-7215 about these important matters.
Sincere ,
Robb Mairs
Coastal Management Field Representative
ENCLOSURES
Cc: Debra Wilson, District Manager, DCM
Roy Brownlow, Compliance Coordinator, DCM
Christine Bouffard, LIDO
Wanda Stimpson, Blue Heron Developers, Inc.
127 Cardinal Drive Ext., Wilmington, North Carolina 28405-3845
Phone: [phone]FAX: [phone]Internet: www.ncooastalmanagement.net
"aaVEp
MAR 2 6 2014
An Equal Opportunity \Affirmative Action Employer — 50% Recycled \ 10% Post Consumer Paper