17-07D Marcol Dredging and Commercial Marie Co.

Coastal Management
ENVIRONMENTAL QUALITY
June 14, 2017
Marcol Dredging and Commercial Marine Co.
c/o Craig Lavelle
2015 Cosgrove Avenue
North Charleston, SC 29405
ROY COOPER
Govemor
MICHAEL S. REGAN
Secretary
BRAXTON DAVIS
Director
RE: Closure Letter
Payment of Penalty for Violations of the Coastal Area Management Act,
Committed in Brunswick County
CAMA Violation #17-07D
Dear Mr. Lavelle:
This letter will acknowledge receipt of your check no. 17708, in the amount of $950.00 for the Notice of
Violation dated May 4, 2017, for the unauthorized overdredging of Bald Head Shoal, near Bald Head
Island, in Brunswick 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
DDW/sks
cc: Roy Brownlow, Compliance Coordinator
WiRO DCM file
RECEIVED
JUN 19 2017
DCM- MHD CITY
State of North Carolina I Environmental Quality I Coastal Management
127 Cardinal Drive Ext., Wilmingtom NC 29405
910-796-7215

I
6�)" XCIVI ENFORCEMENT
TRACKING REPORT
Field Rep. �� Vl L� ❑ Violation Case No.
Compliance Rep. t\ ❑
Permit No. I J 1
LPO AAdAA� / \. ❑ (if applicable)
Violation Description
Initial Discovery Date
Violation Description _J
Respondent
Respondent Narne(s)
Address f901
Phone #
Discovery
Fax #/Email
Was activity permittable? Yes / No
Corporate Name & Registered agent
Violation Type:
Project Type:
Authorizations Required:
Site Visits Respondent Site Visits Respondent
p No Permit
Xprivate/Conmunity
le-a;or AMA
Present E��nt
Xperrrit ConditionGovt/Public
Mnor IF1
40 Expired Permit
❑ Commercial
eral
JUN 19 201? Q
inconsistent w/Rules
Tier Level: 1 II
III
RSIT
Violation Location and Site Description
v�
Project Location: County �Y -"(JV*
4r /
Street Address/ State Roe Lot#(s) `
VIA 71 "A A Y�t#LI \ A 0 a 11
Subdivision
City ZIP
Lat/Long
Shoreline Length
SAV:
Not Sure Yes
No
Sandbags:
Not Sure Yes
No
PNA.
Yes
No Adjacent
ORW.
Yes
No Adjacent
CHt.Hab.
Yes
No
Phone # ( _).... I .ver Ba in Photos Yes No
Adj. Wtr. Body Z` (mat/ n/unlm) WaiverRequired Yes No
In DNq BufferArea Yes No
GosestMaj. VVtr. Body (,Qi�--
Specify DN,C18ufferif applicable:
Restoration
Extension Granted Yes No
NOV Date Initial Req. Corte. Date
Restoration Letter
CNOV Date Date Comp. observed Acceptance Date
Penalty Assessment
Sent to Respondent Date
Rcvd. by Dist Mgr. Date
Assessment Extended Yes No
Continuing
7J.0409 Raj.
Recorrm Assess.
DCM Assess.
$
L41
$
Total
cl

Formal Assessments, Appeals and Reductions
Date Long Form Submitted AssessmentAppealed: Yes No
Date Formal CPA Submitted F-] Penaltymodified
Final Assessment $ Date
Attorney General's Office for Injunction or Formal Collection
Date sentto AG ❑ Respondent not responsive to penalty/Nov ❑ Injunction to complete restoration
Date Collection Letter Sent Date Demand Letter Sent
Violation Actiuties and Impacts
AE09Affected: ® Wetlands trpacted?Y !No If yes, which types:
Y, `� TA ES PTS
AEHHF UBA N/A SA DS CJ SY A LS TY
isGt15: Fc: SS SC SP IF BF 404
Other.
Restoration Required by the Respondent Y(G)
Dimensions in excess
of pen it/ unauthorized activities
Dimensionsto restore
Final dimensions
alloyed
Actually restored
�.oss.a'
NOTES:
nCM_ MHD CITY
Closing
Payment Received $ �JLT++�]'� Date �' " -., Date Case Closed � 0'

Coastal Management
ENVIRONMENTAL QUALITY
NOTICE OF VIOLATION
May 1, 2017, 2017
CERTIFIED MAIL 70112000 0002 2767 8944
RETURN RECEIPT REQUESTED
Marcol Dredging and Commercial Marine Co.
c/o Craig Lavelle
2015 Cosgrove Ave
North Charleston, SC 29405
RE. VIOLATION(S) OF CAMA MAJOR DEVELOPMENT PERMIT NO.139-10
CAMA VIOLATION #17-07D
Dear Mr. Lavelle:
ROY COOPER
Governor
MICHAEL S. REGAN
Secretary
BRAXTON C. DAVIS
Director
This letter confirms that on April 10, 2017, the Division of Coastal Management received a post -construction borrow
site survey indicating over dredging of Bald Head Shoal, which is located adjacent to the mouth of Bald Head Creek
and the Atlantic Ocean located in or near Bald Head Island, Brunswick County, North Carolina. The post -construction
borrow site survey was required under permit condition No. 22 of State Permit No.139-10. This letter also confirms
the April 10 and April 11, 2017 email communication between Erik Olson (Olson Associates, Inc.), Ronnie Smith (US
Army Corps of Engineers) and Ken Riley (NOAA) regarding this matter.
Information gathered by me for the Division of Coastal Management indicates that your actions as contractor for the
Village of Bald Head Island 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 Environment Quality pursuant to the North Carolina General Statutes (N.C.G.S.)
113A-118.
On November 24, 2010, CAMA Major Development Permit No. 139-10 was issued to the Village of Bald Head Island
for excavation of a portion of Bald Head Shoal to -7.81 feet NGVD29 for beach nourishment. On January 5.2012 the
permit was modified to allow for an increase in excavation depth to -8.81 feet NGVD29. The permit was renewed on
September 6, 2016 and is due to expire on February 16, 2019. On April 7, 2017 Marcol Dredging and Marine Co. sent
a letter to Olsen Engineering including the required post -dredge survey of the Bald Head Shoal Borrow site indicating
that the authorized depths and borrow area limits were both exceeded.
The permit modification for State Permit No.139-10 included the following terms and conditions(s):
Condition (1): This Minor Modification authorizes an increase in the approved depth of excavation from
-7.81' NGVD29 to -8.81' NGVD29
Condition (2): This Minor Modification does not authorize an expansion in the size or location of the
previously approved borrow area.
State of North Carolina I Environmental Quality I Coastal Management
Wilmington Office 1127Cardinal Drivelixtenslon I Wilmtngtom North Carolina28405
9107967215

Marco[ Dredging
May 1, 2017
Page Two
The original permit issued on November 24, 2010 included the following terms and conditions(s):
Condition (2): All excavation activities shall take place entirely within the areas indicated on attached Figure
6 of 9 (Excavation Area).
For the following reasons, you are in violation of the above terms and conditions(s) of your permit:
1. According to the,Post-Dredging Borrow Site Survey, conducted by T.I. Coastal in April of 2017,
the final depth of excavation in the Bald Head Creek Borrow Area exceeded 8.81' NGVD29, to a
maximum depth of approximately -12' NGVD29.
2. According to the Post -Dredging Borrow Site Survey, conducted by T.I. Coastal in April of 2017,
excavation within in the Bald Head Creek Borrow Area occurred outside of the approved borrow
Area.
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.
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 Admirlistrative 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 Marcol Dredging and Marine Co.
Pending further review of this matter, a determination will be made and the Village of Bald Head Island will be notified
if restoration of the impacted coastal resources is necessary. Marcol Dredging and Marine Co. will be notified as to the
amount of the civil assessment for undertaking development without first obtaining the proper permit(s) and/or
development that is inconsistent with Coastal Resources Commission rules.
Thank you for your time and cooperation in resolving this important matter. If you have any questions, please call me
at [phone].
Sincerely,
Tara MacPherson
Coastal Management Representative
Cc: Debra Wilson, District Manager, DCM
Ronnie Smith, USACE
Chad Coburn, DWR
Roy Brownlow, Compliance Coordinator, DCM
Ken Riley, NOAA
State of North Carolina I Environmental Quality l Coastal Management
Wilmington Office 1127 Cardinal Drive Extension I Wilmington, North Carolina 28405
910 796 7215

State of North Carolina I Environmental Quality I Coastal Management
Wilmington Office 1127 Cardinal Drive Extension I Wilmington, North Carolina 28405
910 796 7215

Northing (feet-NAVD)

50, 600
50,IX
50.400
50 300
50.200
50,100
Z
0
50,000
2
49.900
49,600
497W
49.600
49 500
Eason Reef-NAD63)
NOTE: Areas below -8,8 ft-NGVD are shown in red.

M
Marcol Dredging & Commercial Marine Co.
Village of Bald Head Island Shoreline Stabilization Project
CAMA Permit No. 139-10
Area 3
1,475 ft2
Area 2
6,017 ft2

IVD-
Marcol Dredging & Commercial Marine Company
0
Iroo

Marcol Dredging & Commercial Marine Co.
2015 Cosgrove Ave. NodhChadestaa.5C29405 office [phone] fox [phone]
April 7, 2017
Mr. ErikJ. Olsen, P.E.
Principal Engineer
Olsen Associates, Inc.
2618 Herschel St.
Jacksonville, FL 32204
Re: Village of Bald Head Island - Shore Stabilization Project
Erik,
Marcol Dredging Co. has reviewed the post -dredge survey of the borrow -site provided by your
office based on the data collected by TI Coastal Surveyors. Marcol understands that an
explanation is warranted for possible contributing factors in these areas, please accept the
information provided below for clarification.
We have provided a drawing showing our planned dredge cuts overlaid onto the post -dredge
survey (see attached). This overlay appears to show the post -dredge data shifted westward of
our planned cuts and, at the northwest corner of the borrow -site, westward of the borrow -site
boundary. Marcol is working with TI Coastal to reconcile this horizontal discrepancy, and will
share those results as soon as they are available. This discrepancy is either an issue with our
on -board GPS positioning system or with the surveyor's horizontal datum. Marcol did not
knowingly dredge outside of the northwest corner of the borrow -site..
The post -dredge survey also shows a deep area outside of the borrow -site near the beginning,
of our "Cut Line A". Again, Marcol did not knowingly dredge outside of the borrow -site in this
area. We believe this "hole" to be a result of initial scouring and prop -wash while getting the
dredge into position on Cut Line A that was then exacerbated by our pipeline route and crew
boat movements throughout the project.
When starting this project in Cut Line A the dredge would regularly go nearly aground at each
low tide until we established our dredge cut. We believe the tremendous current flow in this
area must have scoured out the sand between our dredge and spud barge hulls and the sandy
river bottom. Additionally, we were rarely able to come ahead on Cut Line A during a flood tide
under the power of our cable winches alone. We used our tug boat and work skiffs to
supplement the cable power. We also used this area to bring the dredge in and out during

-ND-
Marcol Dredging & Commercial Marine Co.
severe weather, bring work skiffs in and out during crew change, bring the tug boat in and out
during daily fueling, etc. Using this area as a "travel lane" kept the area open and deep. Not to
mention the pipeline was on the bottom in this area for nearly the duration of the project; and
could have caused some scouring with the str"ong current flow.
Due to multiple weather delays, and subsequent lost time, we found ourselves dredging during
far rougher conditions than we normally operate. We believe that due to the vertical
movement of the dredge, i.e., up and down motion (sometimes in as much as 3 foot waves),
along with the difficulty of reading a tide gauge with wave activity, and a one foot discrepancy
on our ladder gauge (discovered on next project) resulted in this over dredging.
If you need further information or further clarification please feel free to contact us.
Best Regardp
Craig J. Lavelle
President, Marcol Dredging Co.

Op
r7
^ e
N
PrO
Nvo
�ry-t-kpjv ).,e-�w I
� noN
N

MEMORANDUM
TO: Doug Huggett, DCM; Ronnie Smith, USACOE
CC: C. McCall; Jeff Griffin; Charles Baldwin olsen
��''�� associates, inc.
ETU ""
FROM: Erik J. Olsen, P.E. Coastal Engineering
DATE: 10 April 2017
RE: Village of Bald Head Island — Shore Stabilization Project
CAMA 139-10; SAW-2009-02334
Results of Post -Dredging Borrow Site Survey
On March 21, 2017 we certified that work was completed on this project. As part of our
due diligence we required the Contractor (Marcol Dredging & Commercial Marine Co.) to
perform a post -construction beach and borrow site survey. The latter is to be included in our
annual Islandwide Monitoring Report for BHI. The survey was performed for Marcol by T.I.
Coastal. Unfortunately, the survey results indicate that the Contractor dredged deeper than the
permitted elevation of -8.8 ft NGVD29. Schematics prepared by our office indicating same are
attached for your review.
Pursuant to my request, Marcol Dredging provided the attached letter of explanation
dated 7 April 2017. It is submitted for your consideration. For the record, we can certify that all
material derived from the excavation was of beach quality. Similarly, we would agree that the
Contractor did experience significant bad weather during the prosecution of the work.
From past experience at this location, we are confident that the deeper elevations will
shoal relatively rapidly — with high quality material. As the Engineer -of -Record for the project
however, it is our responsibility to bring this over -dredging to your attention. Please let us know
if we can provide any additional information or discuss the issue further. Thank you for your
consideration in this matter.
Enc/
olsen associates, inc. 1 2618 Herschel Street I Jacksonville, FL 32204 1 904,387.6114 1 FAx 904.384,7368
www.olsen-associates.com.

g,06
Coastal Management
ENVIRONMENTAL QUALITY
June 2, 2017
CERTIFIED MAIL 7011 2000 0002 2767 8975
RETURN RECEIPT REQUESTED
Marcol Dredging and Commercial Marine Co.
cto Crajg Lavelle
2015 Cosgrove Ave
North Charleston, SC 29405
RE: CAMA VIOLATION #17-07D
Dear Mr. Lavelle:
ROY COOPER
Govemcr
MICHAEL S. REGAN
Secretary
BRAXTON C. DAVIS
D+rectar
This letter is in reference to the Notice of Violation dated May 4, 2017 that Tara MacPherson, representative
for the Division of Coastal Management, issued to Marco/ Dredging and Commercial Madne Co. for violation
of State Permit No. 139-10 by exceeding the authorized depths and borrow area limits at the Bald Head
Creek Shoal Borrow site due to your actions as contractor for the Village of Bald Head Island. Bald Head
Creek Shoal is located adjacent to Bald Head Creek and the Atlantic Ocean in Brunswick County. The
violation involved the Ocean Hazard, Estuarine Water and Public Trust AEC's, 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 $950 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 $950 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 Marcol Dredging and Commercial
Marine Co. You will then have the opportunity to request a hearing on the penalty or request settlement of
the penalty.
RECEIVED
JUN 0 8,�017
State of North Carolina I Environmental Quality I Coastal Management D C M- M H D CITY
Wilmington Office 1 127 Cardtnal Drive Extension I Wilmington, North Carolina 28405
9107%7215

Marcol Dredging and Commercial Marine Co.
June 3, 2017
Page Two
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
Tara MacPherson, Coastal Management Representative, DCM
Ronnie Smith, USACE
Chad Coburn, DWR
Ken Riley, NOAA
National Marine Fisheries Service
Habitat Conservation Division
101 Pivers Island Road,
Beaufort, NC 28516-9722

CAMA VIOLATION #17-07D
Marcol Dredging and Commercial Marine Co.
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 $950 against Marcol Dredging and Commercial Marine Co. for violation of the
Coastal Area Management Act, NCGS 113A-100 et sec, committed on committed on Bald Head Creek Shoal
in Brunswick County, North Carolina. In order to resolve this matter with no further action or expense on my
part, I accept responsibility for the violation, on behalf of Marcol Dredging and Commercial Marine Co. as
described in the Notice of Violation letter dated May 4, 2017, and agree to pay the proposed civil assessment
of $950.
DATE SIGNATURE
ADDRESS
TELEPHONE NUMBER
RECEIVED
JUN 0 82017
DCM- MHD CITY
State of North Carolina ! Emironmental Quality I Coaatal Management
127 Cardinal Drive Ext., Wilmington, NC 29405
910-796-7215

M ENFORCEMENT TRACKING REPORT
suer
Rep l,, mbakVEI Violation Case No.
diance p. A ❑
�_ Permit No. x
iVI El
,�,ntAOAA �I I (Kapplicable)
Was activity permittable? Yes / No
hibal Discovery Date ��� �% Discovery
Violation Description
Respond
Address
Phone # — Fax
Corporate Name & Registered agent _
Violation Type: Project Type: Authorizations Required: Site Visits Respondent Site Visits Respondent
kNonPsnt
KPriivate1Cormunty Le-ajor CA MA Presentnt Present
ritCmondition Govt/Public [—] Mnor F L u
Expired Fermtt Q Connercial eral
0 inconsistent w/Rules Tier Level: 1 II III
Violation Location and Site Description
Project Location: County yyWr�U�-
Street Address/ State Roa Lot#(a)
VAFYI AA � VIo Q Q b
Subdivision
City ZIP
Lat(Long
Shotel ine Length
SAV:
Not Sure Yes No
Sandbags:
Not Sure Yes No
PNA:
RECENVM Adjacent
ORW.
Yes No Adjacent
Crit Nab.
JUN 0 8YMI?No
Phone # ( _).,. River Ba in Photos Yes No
Adj. VWBody (nit! n/unlit) Waive�R�,,Qui�d=_ MF �NgTV
In DNCi �B6R8lT M �f i 1
Closest Wei. Wtr. Body
Specify DV\t] Buffer if applicable:
Restoration
Extension Granted Yes No
NOV Date Initial Req. Corte. Date
Restoration Letter
CNOV Date Date Cony. Observed Acceptance Date
Penalty Assessment
Sent to Respondent Date App./Firrnt Fee
Rcvd. by Dist fugr. Date I
Penalty
Assessment Extended Yes No
710409 RBf.
Recorrm Assess.
DCM Assess.
$
$
$
$
Total
CA

1
Formal Assessments, Appeals and Reductions `
Date Long Form Subntted Assessment Appealed: Yes No
Date Formal CPA Submitted ❑. Penalty modified
Final Assessment$ Date
Attorney General's Office for Injunction or Formal Collection
Date sentto AG
Respondent not responsive to penaltylNOV F Injunction to complete restoration
Date Collection Letter Sent Date Demand Letter Sent
Violation Activities and Impacts
AECs Affected:
� ''')
TA
ES
PTS
i0E9/
HHF
UBA
WA
?0�
FC:
Restoration Required by the Respondent Y /No
NOTES:
Wetlands Yrpacted? Y ! No
SA IDS CJ SY JR
SS SC SP IF BF
W yes, w hichtypes:
LS TY
404
JUN 0 8
Y
Closing
Payment Received $ Date Date Case Closed

Coastal Management
ENVIRONMENTAL QUALITY
NOTICE OF VIOLATION
May 4, 2017
CERTIFIED MAIL 7011 2000 0002 2767 8944
RETURN RECEIPT REQUESTED
Marcol Dredging and Commercial Marine Co.
Go Crajg Lavelle
2015 Cosgrove Ave
North Charleston, SC 29405
RE: VIOLATION(S) OF CAMA MAJOR DEVELOPMENT PERMIT NO. 139-10
CAMA VIOLATION #17-07D
Dear Mr. Lavelle:
ROY COOPER
Governor
MICHAEL S. REGAN
seavu"
BRAXTON C. DAVIS
Director
RECEIVED
MAY 11 2017
DCM- MHD CITY
This letter confirms that on April 10, 2017, the Division of Coastal Management received a post -construction borrow
site survey indicating over dredging of Bald Head Shoal, which is located adjacent to the mouth of Bald Head Creek
and the Atlantic Ocean located in or near Bald Head Island, Brunswick County, North Carolina. The post -construction
borrow site survey was required under permit condition No. 22 of State Permit No. 139-10. This letter also confirms
the April 10 and April 11, 2017 email communication between Erik Olson (Olson Associates, Inc.), Ronnie Smith (US
Army Corps of Engineers) and Ken Riley (NOAA) regarding this matter.
Information gathered by me for the Division of Coastal Management indicates that your actions as contractor for the
Village of Bald Head Island 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 Environment Quality pursuant to the North Carolina General Statutes (N.C.G.S.)
113A-118.
On November 24, 2010, CAMA Major Development Permit No. 139-10 was issued to the Village of Bald Head Island
for excavation of a portion of Bald Head Shoal to -7.81 feet NGVD29 for beach nourishment. On January 5.2012 the
permit was modified to allow for an increase in excavation depth to -8.81 feet NGVD29. The permit was renewed on
September 6, 2016 and is due to expire on February 16, 2019. On April 7, 2017 Marcol Dredging and Marine Co. sent
a letter to Olsen Engineering including the required post -dredge survey of the Bald Head Shoal Borrow site indicating
that the authorized depths and borrow area limits were both exceeded.
The permit modification for State Permit No.139-10 included the following terms and conditions(s):
Condition (1): This Minor Modification authorizes an increase in the approved depth of excavation from
•7.81' NGVD29 to -8.81' NGVD29
Condition (2): This Minor Modification does not authorize an expansion in the size or location of the
previously approved borrow area.
State of North Carolina I Environmental Quality I Coastal Management
Wilmington Office 1 127 Cardinal Drive Extension I Wilmington. North Carolina 28405
910 796 7215

Marcol Dredging
May 4,2017
Page Two
The original permit issued on November 24, 2010 included the following terms and conditions(s):
Condition (2): All excavation activities shall take place entirely within the areas indicated on attached Figure
6 of 9 (Excavation Area).
For the following reasons, you are in violation of the above terms and conditions(s) of your permit:
1. According to the Post -Dredging Borrow Site Survey, conducted by T.I. Coastal in April of 2017,
the final depth of excavation in the Bald Head Creek Borrow Area exceeded 8.81' NGVD29, to a
maximum depth of approximately -12' NGVD29.
2. According to the Post -Dredging Borrow Site Survey, conducted by T.I. Coastal in April of 2017,
excavation within in the Bald Head Creek Borrow Area occurred outside of the approved borrow
Area.
A civil assessment of up to $10,000 plus investigative costs maybe 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
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 710409(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 Marcol Dredging and Marine Co.
Pending further review of this matter, a determination will be made and the Village of Bald Head Island will be notified
if restoration of the impacted coastal resources is necessary. Marcol Dredging and Marine Co. will be notified as to the
amount of the civil assessment for undertaking development without first obtaining the proper permit(s) and/or
development that is inconsistent with Coastal Resources Commission rules.
Thank you for your time and cooperation in resolving this important matter. If you have any questions, please call me
at(910) 796-7215.
Sincerel ,
Tara Macekson
Coastal Management Representative
Cc: Debra Wilson, District Manager, DCM Roy Brownlow, Compliance Coordinator, DCM
Ronnie Smith, USACE Ken Riley, NOAA
Chad Coburn, DWR
State of North Carolina I Environmental Quality I Coastal Management
Wilmington Office 1 127 Cardinal Drive Extension I Wilmington. North Carolina 28405
'HO 7%7215

Ce p"C2A-C-MK S / OL,/
ENFORCEMENT TRACKING REPORT
,A°� h,'K—
Initial Discovery Date
Violation Description
RespondentNarne(s)
Phone #
Corporate Name & Registered agent
Violation Type:
,kNopie
tit Co
Fermit Condition
❑ Expired Permit
❑ inconsistent w/Rules
Project Type:
XPrivatelCommunity
❑ Govt./Public
Commercial
Tier Level: 1 11
Fax #/Bneil
Authorizations Required:
2yl wjor CA MA
❑ Mn or F
Permit No. I �—I — I 0
(If applicable)
Site Visits Respondent Site Visits Respondent
Present Present
n
�
❑
t❑
LJ
❑
Violation Location and Site Description
�tr LatiLong
Project Location: County BY�l� r J�� Shoreline Length
StreetAddress/ State RoaNLot#(s) SAM Not sure
Aao r _ Sandbags: Not Sure
Subdivision Pam"
ORW.
City ZIP Crit.Hab.
MAY 1 1 2017
0
Yes No
Yee [CM- MHD CITY
Yes No Adjacent
Yes No Adjacent
Yes No
Phone # River Be in Photos Yes No
Adj. V*. Body ` (nat/ n/unlm) WaiverRequired Yes No
Closest Maj. Mr. Body In DVKt BufferArea Yes No
- Specify DWQ Buffer if app l icable
Restoration
Extension Granted Yes No
NOV Date Initial Req. Corp. Date
Restoration Letter
CNOV Date Date Cone. Observed Acceptance Date
Penalty Assessment
Sent to Respondent Date Applf9rmltFee
Rcvd. by Dist. Mgr, Date
Assessment Extended Yes No WIIfuUlntent
7J.0409 Ref.
Reconm. Assess.
DCM Assess.
$ 1S
$
$
$
$
$
Total

Formal Assessments, Appeals and Reductions'`
Date Long Form Submitted AssessmentAppealed: Yes No
Date Formal CPA Submitted
�. Penalty modified
Final Assessment$ Date
Attorney General's Office for Injunction or Formal Collection
Date sentto AG
[� Respondent not responsive to penafty/NOVFJ Injunction to complete restoration
Date Collection Letter Sent Date Demand Letter Sent
Violation Activities and Impacts
AECs Affected:
CI
4DPTA
ES
PTS
rOE9/
HHF
UBA
WA
T'0�
FC:
Other:
Restoration Required by the Respondent Y / No
Wetlands lnpacted?Y /No
SA DS cJ SY JR
SS SC SP IF BF
If yes, w hichtypes:
LS TY
404
Dimensionsin excess
of perm it/unauthorized activities
Dimensionsto restore
Final dimensions
allowed
Actually restored
Aft VA
Luu
t
_
NOTES:
Closing
Payment Received $ Date Date Case Closed