17-18D Overbeck Marine Construction LLC

M
Coastal Management
ENVIRONMENTAL QUALITY
October 11, 2017
Overbeck Marine Construction, LLC
c/o Daniel Shirley
3506 Tall Pine Court
Wilmington, INC 28409
ROY COOPER
Gavema,
MICHAEL S. REGAN
Secretary
BRAXTON DAVIS
Dimaor
RE: Closure Letter
Payment of Proposed Penalty for Violations of the Coastal Area Management Act,
Committed in New Hanover County
CAMA Violation #17-18D
Dear Mr. Shirley:
This letter will acknowledge receipt of your check # 4907, in the amount of $400 for the Notice of
Violation dated September 8, 2017 issued by Courtney Spears, representative for the Division of Coastal
Management, for unauthorized replacement of a floating dock at 136 Inlet Point Drive, New Hanover
County, North Carolina. Once the amount is credited to the account of the Department of
Environmental Quality, 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
sks/dw
cc: Roy Brownlow, Compliance Coordinator
Courtney Spears, Coastal Management Representative, DCM
Darrell Galloway, LPO
RECEIVED
OCT 13 2017
DCM- MHD CITY
State of North Carolina I Environmental Quality I Coastal Management
127 Cardinal Drive Ext., Wilmington, NC 28405
910-796-7215

CAMA VIOLATION #17.18D
Daniel Shirley
AGREEMENT TO PAY PROPOSED CIVIL ASSESSMENT
I understand that the staff of the Department of Environmental Quality 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 seg, committed on or near property located at 136 Inlet Point Drive 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 8, 2017, and agree to pay the
proposed civil assessment of $400.
IJO 51' %
DATE
r ` 1
SIGNATURE
> �006773cL Hof- �i—
ADDRESS
,Flo - 3eG -
TELEPHONE NUMBER
f
OCT 13 Z017
DCM- MHD CITY RECEIVED
DCM WIL.MINGTON, NC
State of North Carolina ! Environmental Quality I Coastal Management
Washington Office I, 943 Washington Square Mall 1 Washington. North Carolina 27889
257 946 6481

DCM ENFORCEMENT TRACKING REPORT
yy��yQ I
,O Field Rep. �0 t � r Issuer Violation Case No. I� �1 6 D
Compliance Rep. Fsm �© Permit No.
LPO (9W (if applicable)
LPJ
Violation Description Was activity pert�m�t i'.tt"^able as 1No "
wd
Initial Discovery Date f L{ 3-- Discovery Method pdtiV)1L (All KA y tutx,L- CtYllY'A �tVY ��4
Violation Description Up a ce d 1n A % V�' I.Lhou iliPVWU f— N
RespondentNams(s)
Address
Violation Type:
N(No Parnit
Permit Condition
Expired Permit
Inconsistent w / Rules
Project Type:
Private/Community
Q Govt/Public
Commercial
Tier Level: I -{
Violation Location and Site Description
L—(? • City
Fax #/Email
Authorizations Required:
E] Najor CA MA
Minor D&F
General
I III
Project Location: County N tyy Rmoy (✓
StreetAddress/State Road/ Lot #(s) I Ng J�J ,J R •'�
Zip `j
R.4�I l•12 _ 6VU-1
S'IteVisits Respondent
Site Visits Respondent
Present
Present
30004 'I S' 12"N
11
' 33• w 1 "W
Lat/Long
Shoreline Length -1 V
SAV:
Not Sure Yes
�! %q
Sandbags
Not Sure Yes
Jg
PNA:
es
No
Adjacent
,MAP
Yes
O
Adjacent
city ZIP DIN _— Crt. Hab. Yes No
Phone # ( _),. River Basin f AAAX Photos ® No
Adj.Vutr.Body UA✓ 1J yi'yVe ((htiDlO�I /man/unlm) WaherRequired Yes o
�Y In DNq Buffer Area Yes o
GoSeSt Maj. VVtr. BodyI(n�lit� Spedfy DNR Bufferif applicable:
Restoration
,1 1 Extension Granted Yes No
NOV Date YJ�(1 Initial Req. Cornp. Date
Restoration Letter
CNOV Date Date Comp. Observed I Acceptance Date
Penalty Assessment
Sent to Respondent Date
Rcvd. by Dist Mgr. Date
Fee
Penalty
Assessment Extended Yes / No
Continuing
RECEI'
7J.0409 Ref.
1
A
$$$Total
NAssess"
DCM— MHD CITY

Formal Assessments, Appeals and Reductions
Date Long Form Submitted AssessmentAppealed: Yes No
Date Formal CPA Submitted
0. �Penalty modified
Final Assessment$ TVU.V Date M -/41 '! �
Attorney General's Office for Injunction or Formal Collection
Date sentto AG Respondent not responsiveto penally/NOV 7 Injunction to complete restoration
Date Collection Letter Sent Date Demand Letter Sent
Violation ActiHties and Impacts
AECs Affected:
CW 0,101
/���y-1T ES PTS
OEA , UBA WA
PVUS: FC:
Other.
Restoration Required by the Respondent Yes
NOTES:
Wetlands hpacted?Yes Ifyes, whichtypes:
SA DS CJ SY A LS TY
SS SC SP IF BF 404
Closing Payment Received $ 14.tI`
1 V Date " j� 1 �t I '� Date Case Closed ( v

Coastal Management
ENVIRONMENTAL QUALITY
NOTICE OF VIOLATION
September 8, 2017
CERTIFIED MAIL 7014 2120 0000 8055 4676
RETURN RECEIPT REQUESTED
Overbeck Marine Construction, LLC
c/o Daniel Shirley
3506 Tall Pine Court
Wilmington, NC 28409
Kt'i3
ROY COOPER
Governor
MICHAEL S. REGAN
Secretary
BRAXTON C. DAVIS
Director
RE: NOTICE OF VIOLATION AND REQUEST TO CEASE UNAUTHORIZED DEVELOPMENT
CAMA VIOLATION #17.18D
Dear Mr. Shirley:
This letter is in reference to my September 7, 2017 site visit at 136 Inlet Point Drive adjacent to Inlet Point
Basin which leads to the AIWW and Myrtle Grove Sound, located in Wilmington, New Hanover County,
North Carolina. The purpose of the visit was to investigate unauthorized development including
replacement of a 60' by 5.5' floating dock within Inlet Point Basin adjacent to the AIWW and Myrtle Grove
Sound. This letter also confirms our August 7th phone call regarding this matter.
Information gathered by me for the Division of Coastal Management indicates that the actions of Overbeck
Marine Construction, LLC as contractor for Melissa Hardin are 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 Environmental
Quality pursuant to the North Carolina General Statutes (N.C.G.S.) 11 3A-1 18.
I have information that indicates Overbeck Marine Construction, LLC has undertaken or is legally
responsible for the placement of a 60' by 5.5' floating platform (306 W) on the aforementioned property.
This activity took place in the Public Trust and Estuarine Waters that are contiguous with Myrtle Grove
Sound. This area of Myrtle Grove Sound is also classified as Outstanding Resource Water (OR" by the
Environmental Management Commission (EMC). Public Trust Area and Estuarine Water 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.
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
SEP 13 2017
State of North Carolina I Environmental Quality I Coastal Management
Wilmington Office 1127 Cardinal Drive Extension I Wilmington North Carolina 28405 DCM- MHD CITY
910 796 7215

Overbeck Marine Construction, LLC
c/o Daniel Shirley
September 8, 2017
Page Two
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 any damage to its natural resources. Whether a higher amount will be assessed
will depend on 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 you.
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. Please feel free to contact me at 910-796-7423 if you have
any questions.
Sinceyely,
lJ
J
ourCoasRepresentative
Cc: Debra Wilson, District Manager, DCM
Roy Brownlow, Compliance Coordinator, DCM
Darrell Galloway, LPO
Chad Coburn, DWR
Tyler Crumbley, USACE
State of North Carolina I Environmental Quality I Coastal Management
Wilmington Office 1127 Cardinal Drive Extereion I Wilmington, North Carolina 28405
910 796 7215

)CM ENFORCEMENT(yL//�y�TRACKING REPORT jj y�
ieldRep.� S r.G�rl �S�er Violation Case No. 11 U I/
:onpliance Rep'-TAU
FkTk F-I Permit No.
LPO I wt (if applicable)
Violation Description Was__1IVLactivityper�,mitt"es able No 1 M1I�U!
Initial Discovery Date Discovery Method p(,'Lbll'� (Jy ij TlVN" , G6ryt� tf C0`6 1 r, '
Violation Description 01
pare �qEt�( 1p j ViFtn of t� tNVW1l - y�h
J
or
Respondent Name(s) Pl,Vl W C�ji{ Y� �P/I (Landow no ent/ ntra
Address //��,rr�� @@ U 1_4 I I I' i of U • City �^vt I wt i state N zip Z;V
Phone # 1 I 0 30(- 0;00..3 t tl Fax #/Emaail P-Wl,t.i� ©V�VbP 11 DL(.�t}' U - �U7 In
Corporate Name & Recistered acent fnV.t V lx Ct JL U1 ML Cc)T I h4&b wl l gtt r( ,
Violation Type:
NrNo Pemdt
Permit Condition
�. Expired Permit
Inconsintentw/Rules
Project Type:
�Rivate/Comrrwnity
Govt/Public
EJ Commercial
Tier Level: I
Violation Location and Site Description
Authorizations Required:
Major CAMA
Mnor LJ D&F
General
� III
Project Location: County N t W RGt. goy y '/7t
StreetAddress/ State Road/ Lot #(a) �g
Site Visits Respondent
Resent
LJ
Site Visits Respondent
Resent
0
Lat/Long ,1009l�RZ",V
}/
ShorelineLength
SAV: Not Sure Yes 6)
Sandbags Not Suva Yes 1p
Subdivision I�� Pa 1 o OR es No Adjacent
� " � � p ORW.. Yes � Adjacent
City Vvl�n 4W .—zip 71y'gO Grit.Hab. Yes No
Phone # ( _).. Riverr Basin ^ (,�� Photos ®///o
Adj. V*. Body n.LU(+_ �' yQ JV F't'i'j� /man/unlai) WaiverRequired Yes
—r In DVVQ BufferArea Yes o
Closest Maj. Mr. Body ( 0AIV
Spedfy DVuCl Buffer if applicable'
Restoration /`�, IIh) 11 T Extension Granted Yes No
NOV Date /TJ/ L I Initial Req. Corrp. Date
Tom- Restoration Letter
CNOV Date Date Comp. Observed Acceptance Date
Penalty Assessment
Sent to Respondent Date
Rcvd. by Dist. Mgr. Date
AssessmentFxtended Yes. No
RECE
SEP 13 21712
Penalty
Fee
7J.0409 Ref.
Recomn. Assess.
DCM Assess.
Jk
$
$
$
$
$ �-- -
$
Total
`-i
..,,.. "AMD CITY

Formal Assessments, Appeals and Reductions
Date Long Form Submitted AssessmentAppealed: Yes No
Late Formal CPA Submitted penalty modified
Final Assessment$ Date
Attorney General's Office for Injunction or Formal Collection
Date sent to AG Respondent not responsiveto penalty/NOV injunction to complete restoration
Date Collection Letter Sent Date Demand Letter Sent
Violation ActNties and Impacts
AECs Affected: //��^� WetlandsIrnpacted? Yes(f If yes, which types:
yPTp' ES PTS
OE OF'
OEA ` F 4f( USA WA SA DS CJ SY JR LS TY
PWS: FC: SS SC SP IF BF 404
Restoration Required by the Respondent Yes %b
NOTES:
Payment Received $ Date Date Case Closed �� M
,ter
0

i
Coastal Management
ENVIRONMENTAL QUALITY
September 26, 2017
CERTIFIED MAIL 7014 2120 0000 8055 4676
RETURN RECEIPT REQUESTED
Overbeck Marine Construction, LLC
c/o Daniel Shirley
3506 Tall Pine Court
Wilmington, NC 28409
RE: CAMA VIOLATION #17-18D
Dear Mr. Shirley:
ROY COOPER
Governor
MICHAEL S. REGAN
Secretary
BRAXTON C. DAVIS
Director
This letter is in reference to the Notice of Violation dated September 8, 2017 that Courtney Spears,
representative for the Division of Coastal Management, issued to you for replacement of a 60' by 5.5' floating
platform at 136 Inlet Point Drive, New Hanover County due to your actions as contractor for Melissa Hardin.
The violation involved Estuarine Waters 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 $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 Environmental Quality
(NCDEQ); 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
SEP 2 9 2017
®^ M ® State of North Carolina I Environmental Quality I Coastal Management
A CITY Wilmington Office 1127 Cardinal Drive Extension I Wilmington. North Carolina 28405
910 796 7215

re
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
Courtney Spears, Coastal Management Representative, DCM
Tyler Crumbley, USACE
Chad Coburn, DWR
Darrell Galloway, LPO
ReCEjVE1D
0 % 9 Z017
DCM_ MHD CITY
State of North Carolina I Environmental Quality I Coastal Management
Washington Office 1943 Washington Square Mall I Washington. North Carolina 27889
252 946 6481

CAMA VIOLATION #17.18D
Daniel Shirley
AGREEMENT TO PAY PROPOSED CIVIL ASSESSMENT
I understand that the staff of the Department of Environmental Quality 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 136 Inlet Point Drive 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 8, 2017, and agree to pay the
proposed civil assessment of $400.
DATE
SIGNATURE
ADDRESS
TELEPHONE NUMBER
RECEIVE®
SEP 2 9 2017
®CAA- MHD CITY
State of North Carolina I Environmental Quality 1. Coastal Management
Washington Office 1 943 Washington Square Mall I Washington. North Carolina 27889
252 946 6481