15-07D Smith

North Carolina
Pat McCrory
Governor
Mr. Robin Smith
1096 Old Chinquapin road
Beulaville, NC 28518
P-7
NCDENR
Department of Environment and Natural Resources
Division of Coastal Management
May 17, 2015
Donald R. van der Vaart
Secretary
RE: Closure Letter
Payment of Proposed Penalty for Violations of the Coastal Area Management Act,
Committed in Pender County
CAMA Violation #15-07D
Dear Mr. Smith:
This letter will acknowledge receipt of your check #6653, in the amount of $400.00, for the
Notice of Violation dated May 8, 2015 that Heather Coats, representative for the N.C. Division of
Coastal Management, issued to you for the unauthorized construction of a dock at N. Holly
Shelter Estates Road (Lot B), Pender County, North Carolina. The violation involved Public Trust
Area, which is an Area of Environmental Concern designated by the Coastal Resources
Commission. 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 RECEIVED
MAY 2 0 2015
DDW/ph
cc: Roy Brownlow, Compliance Coordinator
Heather Coats, Coastal Management Representative, DCM
127 Cardinal Drive Ext., Wilmington, North Carolina 28405-3845
Phone: [phone] FAX: [phone]Internet: www.nccoastalmanagement.net
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Robin Smith
May 8, 2015
Page 3
CAMA VIOLATION #15-07D
Mr. Robin 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 $400 against me for violation of the Coastal Area Management Act, NCGS
113A-100 et sec, committed on or near property located at N. Holly Shelter Estates (Lot B), in Pander 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 April 21, 2015, and agree to pay the proposed
civil assessment of $400.
DATE
A • u i ���
SIGNATURE
TELEPHONE NUMBER
127 Cardinal Drive Ext., Wilmington, North Carolina 28406,3845
Phone: [phone] \ FAX: [phone] \ Internet: www.nccoastalmanagement.net
An Equal Opportunity \ Affirmative Action Employer— 50% Recycled \ 10% Post Consumer Paper
RECEIVED
MAY 2 0 2015
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RECEIVED
DCM WILMINGTON, NC
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DCM ENFORCEMENT TRACKING REPORT
Rep
i LPO ❑
�h LPJ
Violation Case
Permit
j5-o7D/
r �d�
(if applicable)
Was activity permittable-(F s / No
Initial Discovery Date 4/1 3t S Discovery Method CA LL. FWAOAA ('aj— YVA C
Violation Description �.4U0c-t.e Ll (TI-C7T-J VV INtA0J V %k IZCV—ti1 I T
Respondent Information - Prior CAMA or D/F Violations: Yes Prior Case No:
Respondent Name(s) ' © I t r <!st-1 P�' (Landowner/Agent/Contractor)
Address (05(Q OL_t-) C.ft( )QVA&,�. V,() City ' Lkl?_?_LWULE Statel'�L Zip ZgS(g
Phone # of 1 t 2-0 Q — 517 8' Fax #/Email
Corporate Name & Registered agent
Violation Type: Project Type:
Authorizations Required:
Site Visits Respondent Site Visits
Respondent
✓�No Permit ,Private/Community
Major CAMA
Present
Present
Permit Condition Govt./Public
Jy Minor D&F
r--
I I� �—r
Expired Permit �. Commercial
Ltd General
d
D Inconsistent w/ Rules Tier Level: 1
III
0
Violation Location and Site Description
p .��,�
LatlLong
r
Project Location: County
1 l' �iPEx
Shoreline Length � �o
Street Address/ State Road/ Lot #(s) LX j 6
SAV: Not sure Yes
N, (}OLA_,/ FGM.11—'—
Sandbags: Not Sure YesC®/
Subdivision
PNA:
Yes
®
Adjacent
City R� Pd U_-" ZIP ' fS4757
ORW.
Crit. Hab.
Yes
Yes
o
Adjacent
RECEIVED
Phone # ( _) River Basin ft_0� N __:I�
Photos
Ye
No
MAY 2 0 2015
Adj. Wtr. Body (nat/man/unkn)
Waiver Required
Yes
N41w-wnM 4itt,^
_
Closest Maj. Wtr. Body lr A17j� (�i �%yz.
In DWQ Buffer Area
Yes
iFag g
Specify DWO Buffer if applicable:
Restoration
NOV Date l-
CNOV Date �!
Initial Req. Comp. Date
Date Comp. Observed
Penalty Assessment
Sent to Respondent Datec�S' \ 15
Rcvd. by Dist. Mgr. Date
Assessment Extended Yes No
App./Permit Fee
Penalty
Willful/Intent.
Continuing
Investigative
Extension Granted
Restoration Letter
Acceptance Date
Yes No
7J.0409 Ref.
Recomm. Assess.
DCM Assess.
4- rO
$ 2-Cc
$ 2-vt?
C G+
$
$ ZCJ
N A
$
$ ._
.Total
Lkno
%{.oC

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 n Injunction to complete restoration
Date Collection Letter Sent Date Demand Letter Sent
Violation Activities and Impacts
AECs Affected: Wetlands Impacted? Yes If yes, which types:
CW Evil PT ES PTS
OEA HHF UBA N/A SA DS CJ SY JR LS Ty
PWS: FC: SS SC SP IF BF 404
Other:
Restoration Required by the Respondent Yes / No
Dimensions in excess
of permit/ unauthorized activities
Dimensions to restore
Final dimensions
allowed
Actually restored
T 5S�
NOTES: (` OPJT12A C TUB C 0-LA.A-Q e, A &4uo r, AFI-oz
�FS�vED
01,1111
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Closing
Payment Received $ '" CC ,00 Date 51 Date Case Closed J I l
IV

AVIA
NCDENR
North Carolina Department of Environment and Natural Resources
Division of Coastal Management
Pat McCrory
Governor
May 8, 2015
CERTIFIED MAIL 7011 0110 0000 9947 0730
RETURN RECEIPT REQUESTED
Mr. Robin Smith
1096 Old Chinquapin Rd.
Beulaville, NC 28518
RE: CAMA VIOLATION #15-07D
Dear Mr. Smith:
Donald R. van der Vaart
Secretary
RECEIVED
MAY 12 20'i
4W$M-Mmq P,ry
This letter is in reference to the Notice of Violation dated April 21, 2015 that Heather Coats, representative for the
Division of Coastal Management, issued to you for the unauthorized construction of a dock at N. Holly Shelter
Estates Road (Lot B), Pander County. The violation involved Public Trust Area, 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 $400 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 $400 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 Fed., Wilmington, North Carolina 28405a45
Phone: [phone] Internet: www.nodenr.gov
An Equal Opportunity 1 Affirmative Action Employer— 50% Recycled 110% Post Consume

Robin Smith
May 8, 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,
9�
Debra Wilson
District Manager
Enclosures
cc: Roy Brownlow, Compliance Coordinator, DCM
Heather Coats, Coastal Management Representative, DCM
127 Cardinal Drive Ext., Wilmington, North Carolina 28405-3845
Phone: [phone] FAX: [phone] Internet: www.ncooastalmanaggement.net
An Equal Opportunity 1 Affirmative Action Employer— 50% Recycled 110% Post Consumer Paper
o e
NCarolina
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.*-
WDENR
North Carolina Department of Environment and Natural Resources
Pat McCrory Donald R. van der Vaart
Governor Secretary
NOTICE OF VIOLATION
April 21, 2015
CERTIFIED MAIL 9 70110110 0000 9947 0723
RETURN RECEIPT REQUESTED
Mr. Robin Smith
1096 Old Chinquapin Rd.
Beulaville, NC 28518
RE: NOTICE OF VIOLATION,AND REQUEST TO CEASE UNAUTHORIZED DEVELOPMENT
CAMA VIOLATION # 7D
rs
Dear Mr. Smith:
This letter confirms that on April 13, 2015 I was onsite at your property located at N. Holly
Shelter Estates Road, Lot B, adjacent to the Northeast Cape Fear River located in Rocky Point,
Pender County, North Carolina. The purpose of the visit was to investigate unauthorized
development of dock construction within the Public Trust Area of Environmental Concern. This
also confirms our conversation on April 21, 2015.
Information gathered by me for the Division of Coastal Management indicates that you 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 North Carolina Department of Environment and
Natural Resources. This requirement is imposed by North Carolina General Statute (N.C.G.S.)
113A-118.
I have information that you have undertaken, or are legally responsible for, major development
by constructing a fixed platform and floating dock on the aforementioned property. This activity
took place in The Public Trust Area that is the Northeast Cape Fear River. The Public Trust area
is designated as an Area of Environmental Concern (AEC). No permit was issued to you for
work in this area. 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
127 Cardinal Drive Ext., Wilmington, North Carolina 28405-3845
Phone: [phone]\ Internet: www.nodenr.gov RECEIVED
An Equal Opportunity \ Affirmative Action Employer — 50% Recycled \ 10% Post Consumer Paper
APR 2 7 2015
DCV-VHD CITY

Robin Smith
April 21, 2015
Page 2 of 2
$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.
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 (9,10) 796-7215. 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).
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.
Sincerely,
dame v6)�
Heather Coats
Coastal Management Representative
Cc: Debra Wilson, District Manager, DCM
Roy Brownlow, Compliance Coordinator, DCM
Megan O'Hare, LPO, Pender County
RECEIVED
APR 2 7 1015
IDG'M•MM® EIIY
127 Cardinal Drive Ext.,
Wilmington, North Carolina 28405-3845
Phone: [phone] FAX: [phone]ntemet: www,ncooastaimanagement.net
An Equal Opportunity k Affirmative Action Employer — 50% Recycled 110% Post Consumer Paper

DCM ENFORCEMENT TRACKING REPORT
/"
Issuer Violation Case No. I S - o % D
Rep. -7k�H F GOATS >:Y
Rep.
Description
Permit No. r-Y'-
(if applicable)
Was activity permittable2Yes)/ No
Initial Discovery Date 4) 3 j 5 Discovery Method CALL, FpQ3A,1 C,>J-FVZA-CT-OvQ,
Violation Description JC)0c.Vc Cn;-,JaR2 ("jZi77J V('CtiOJ'i VEWAAlT
Respondent Information Prior CAMA or D/F Violations: Yes Prior Case No: ffAilloommumm
Respondent Name(s) RCL6 I (�s '-Sy1 t'T-tY (Landowner/Agent/Contractor)
Address ime Out) Cf'i1Nosvk6k,-4 �)' City �L{.I'W)L_Le_._ State IV(!.. zip Z�S119
Phone # Olt 0- 2-no- 537R" Fax #/Email
Corporate Name & Registered agent
Violation Type:
Project Type:
Authorizations Required:
Site Visits Respondent
Site Visits Respondent
YNo Permit
�Private/Community
Major
CAMA
Present
Present
Permit Condition
Govt./Public
El Minor
D&F
I (�
�. Expired Permit
E Commercial
[ General
.Inconsistent w/ Rules
Tier Level: I (II
III
Violation Location and Site Description
Project Location: County fl�NPCX
Street Address/ State Road/ Lot #(a) LXI 13
N - IICLL.y SN L t�r�t2 PGVAJI-5 fin.
Subdivision
city )Zckcs -Prkr--iT zip 24 4-s-1
Phone # ( _). River Basin (-ire f-iE -2
Adj. Wtr. Body (nat /man /unkn)
Closest Ma' Wtr Body ( �= �� i oz,
Laui-ong
Shoreline Length '-300r
SAV:
Not Sure Yes /Abe
Sandbags:
Not Sure Yeso
PNA:
Yes
ORW:
Yes o
Grit. Hab.
Yes
Photos
Ye No
Adjacent
Adjacent RECEIVED
APR 27 2015
Waiver Required Yes QQ004"No P'
In DWQ Buffer Area Yes
)' —L Specify DWQ Buffer if applicable: '---
Restoration
Extension Granted Yes No
NOV Date
CNOV Date
Penalty Assessment
Sent to Respondent Date
Rcvd. by Dist. Mgr. Date
Assessment Extended Yes
Initial Req. Comp. Date
Date Comp. Observed
App./Permit Fee
Penalty
No Willful/Intent.
Continuing
Investigative
Restoration Letter
Acceptance Date
7J.0409 Ref.
Recomm. Assess.
DCM Assess.
$ 2n0
$ 2u-0
C a
$ 220
$ 2-co
$
$ ..�
WA-
$
$
$
Is
Total
400
1 `ico

Formal Assessments, Appeals and Reductions
Date Long Form Submitted
Date Formal CPA Submitted
Final Assessment $
Assessment Appealed: Yes No
Penaltymodifed
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 If yes, which types:
CW EW PT ES PTS
OEA HHF UBA N/A SA DS CJ SY JR LS TY
PWS: FC: SS sC SP IF BF 404
Other:
Restoration Required by the Respondent Yes / No
Dimensions in excess
of permit/ unauthorized activities
Dimensions to restore
Final dimensions
allowed
Actually restored
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NOTES : CotJJ-1kAC`IUZ- CA-Ut-u--Q -FofL A (RaKII1iT-, Aftez PJ
Closing
Payment Received $ Date Date Case Closed