15-18D Sunset Dock Association

tk-e`A
North Carolina Department of Environmental Quality
Pat McCrory Donald R. van der Vaart
Governor Secretary
NOTICE OF VIOLATION
October 2, 2015
CERTIFIED MAIL 7011 2000 0002 2767 9095
RETURN RECEIPT REQUESTED
Sunset Dock Association
c/o Mr. James Rahn Boyer
P.O. Box 68
Wrightsville Beach, NC 28480
RE: NOTICE OF VIOLATION AND REQUEST TO CEASE UNAUTHORIZED DEVELOPMENT
CAMA VIOLATION #15-18D
Dear Mr. Boyer:
This letter confines that on September 16, 2015, Mr. Tony Wilson with the Town of Wrightsville Beach, and I were on -site at your
property located at 705 Waynick Blvd. adjacent to Bank Channel located in the Town of Wrightsville Beach, New Hanover County,
North Carolina. The purpose of the visit was to investigate unauthorized development of the replacement of three (3) boat lifts at an
existing shared docking facility, within Banks Channel. This letter also confirms my September 16, 2015 phone conversation with your
marine contractor, Mr. Jimmy North regarding this matter.
Information gathered by me for the Division of Coastal Management indicates that your marine contractor, Mr. Jimmy North with
Coastal Marine Construction Piers and Bulkheads, LLC, 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 three (3) approximately 13 ft. in
length by 13 ft. in width boat lifts (507 sq. ft.) at your existing shared docking facility on the aforementioned property. This activity took
place in Estuarine Water and Public Trust Areas that are contiguous with Banks Channel. 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. 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.
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. REIC E I\/t~ li
R ftq�IVED
127 Cardinal Ddve Ext., Wilmington, NC 28405
Phone: [phone] k FAX: [phone] Internet: www.nocoastaimanagement.net 0CT 08 2015
DCM "
- a4p�;.
An Equal Opportunity l Afinndve Action Employer DCgyp- IV1 ru� AID CITY

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 three (3) approximately 13 ft. in length by 13 ft. in width boat lifts at your existing
shared docking facility, in the Estuarine Water and Public Trust Areas AEC(s), is not consistent with Section 15A NCAC 07.1.0201
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 boatlifts 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 ft 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).
Sincerel d %�
obb Mairs
Coastal Management Field Representative
ENCLOSURES
Cc: Debra Wilson, District Manager, DCM
Roy Brownlow, Compliance Coordinator, DCM
Tony Wilson, TOWB
Jimmy North, Coastal Marine Construction Piers and Bulkheads, LLC
RECEIVED
OCT 0 8 2015
DCM- MHD; CII o Y

RESTORATION PLAN
For
Sunset Dock Association Property
c/o Mr. James Rahn Boyer
CAMA Violation No.15-18D
Property located at 705 Waynick Blvd., Wrightsville Beach, in New Hanover County
1. Remove the unauthorized replacement of three (3) boat lifts
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.
I, Mr. James Rahn Boyer, agree to complete this restoration to the satisfaction of the Division of Coastal Management
(DCM) by October 31, 2015, 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.
RECEIVED
OCT 0 S 2015
DCM- MHD CITY
127 Cardinal Drive Ext., Wilmington, North Carolina 284OW845
Phone: [phone]FAX: [phone]Internet www.nocoastalmanagement.net
An Equal Opportunity 1 Affirmative Action Employer —50% Recycled 110% Post Consumer Paper

DCM ENFORCEMENT TRACKING REPORT
Rep.
LPO
Violation Description `
Initial Discovery Date "�/ur/`� Discovery Method
Violation Description LK-
Prior CAMA or D/F Violations: Yes
RespondentName(s)
Address
Violation Case No.
Permit
(if applicable)
activity permittable7L4e9/ No
City ....... State_ Zip
Phone #
Fax #/Email
Corporate Name & Registered
agent
Violation Type:
Project Type:
Authorizations Required:
Site Visits Respondent
Site Visits Respondent
No Permit
Q Private/Community O Major CAMA
Present
Present
Permit Condition
Govt./Public
Minor d D&F
n
Q,. Expired Permit
0. Commercial
- General
d
Inconsistent w/ Rules Tier Level: I
II III
0,
Violation Location and Site Description
Project Location: County
Street Address/State Road/ Lot #(a)
Subdivision
City\[\Jjl�
Phone # (_
Adj. Wtr. Body
Closest Mo. Wtr. Body
NOV Date
CNOV Date
Penalty Assessment
Sent to Respondent Date
Rcvd. by Dist. Mgr. Date
Assessment Extended Yes
Basin
Initial Req. Comp. Date
Date Comp. Observed
App./Permit Fee
Penalty
No WiIlfuUlntent.
Continuing
Lat/Long
Shoreline Length
SAM Not Sure
Yes
60
Sandbags: Not Sure
Yes
6q
PNA:
Yes
61
ORW:
Yes
i
Crit. Hab.
Yes
ro
Photos
Yes
No
Waiver Required
erw
No
In DWQ Buffer Area
Yes
Specify DWQ Buffer if applicable:
Adjacent
Adjacent
RECEIVED
OCT 0 8 2015
Extension Granted Yes No
Restoration Letter
Acceptance Date
7J.0409 Ref.
Recomm. Assess.
DCM Assess.
$
$
Is
$
Total
D CIT)

Formal Assessments, Appeals and Reductions
Date Long Form Submitted
Date Formal CPA Submitted
Final Assessment
Assessment Appealed: Yes No
Penalty modified
Attorney General's Office for Injunction or Formal Collection
Date sent to AG 0 Respondent not responsive to penalty/Nov D 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
PWS: FC: SS SC SP IF BF 404
Other:
Restoration Required by the Respondent Yes / No
Dimensions in excess Dimensions to restore Final dimensions
of permit/ unauthorized activities allowed Actually restored
' Development Activities - -
Habitat Description -
NOTES:
RECEIVED
OCT 0 8 Z015
Y
Closing
Payment Received $ Date Date Case Closed

Coastal Management
ENVIRONMENTAL QUALITY
November 17, 2015
Sunset Dock Association
c/o Mr. James Rahn Boyer
PO Box 68
Wrightsville Beach, NC 28480
(ZT`11
PAT MCCRORY
Govemor
DONALD R. VAN DER VAART
secmtmr
BRAXTON DAVIS
Director
RECEIVED
NOV 19 2015
DCM- MHD CITY
RE: Closure Letter
Payment of Proposed Penalty for Violations of the Coastal Area Management Act,
Committed in New Hanover County
LAMA Violation #15-18D
Dear Mr. Boyer:
This letter will acknowledge receipt of your check #1103, in the amount of $536.00 for the Notice of Violation
dated October 2, 2015 issued by Robb Mairs, CAMA Field Representative for New Hanover County, for
unauthorized development at 705 Waynick Boulevard, Wrightsville Beach, 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
DDW/ph
cc: Roy Brownlow, Compliance Coordinator
Robb Mairs, Coastal Management Representative
Tony Wilson, Town of Wrightsville Beach
Jimmy North, Coastal Marine Construction Piers & Bulkheads
Nothing Compares%
State of North Carolina I Environmental Quality I Coastal Management
127 Cardinal Drive Fat., Wilmington, NC 28405
910-796-7215

Ftqilma 0
Environmental
Quality
PAT MCCRORY
Governor
DONALD R.VAN DER VAART
Secretary
CAMA VIOLATION #15.18D
Sunset Dock Association
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 $536 against the Sunset Dock Association for violation of the
Coastal Area Management Act, NCGS 113A-100 et sec, committed on or near property located at 705
Waynick Boulevard in New Hanover County, North Carolina. In order to resolve this matter with no further
action or expense on my part, I accept responsibility, on behalf of the Sunset Dock Association, for the
violation as described in the Notice of Violation letter dated October 2, 2015, and agree to pay the proposed
civil assessment of $536.
11-10 -15
DATE
SIGNATURE
ADDRESS
TELEPHONE NUMBER
11/0-/ 6--&-96*3
Nothing Compares , .-.
State of North Carolina I Environmental Quality
1601 Mail Service Center I Raleigh, North Carolina 27699-1601
919-707-8600
RECEIVED
Fd)1L%TJNGTON, t
i7CA4 V m NmKUWON, N�
{q IS 12,015

CM ENFORCEMENT TRACKING REPORT
Rep.
/ �Initial Discovery � ' iolatio N
overy Date c�d�,..�A� Discovery Method
� r `�-
\� Violation DeIscription
or
Respondent Name(s)
Address.. Z)
Phone #
Corporate Name & Registered agent
Violation Case No. ��t�
Permit No.
❑ (if applicable)
Was activity permittable? YC4/ No
Prior
City V1. State : Nt_
Fax #/Email
Violation Type:
Project Type:
Authorizations Required:
Site Visits Respondent Site Visits
Respondent
No Permit
�, Private/community
tj Major n. CAMA
I Present /
Present
Permit Condition
Govt./Public
Minor �'
D&F
LJ+ Expired Permit
nr Commercial
General
]� I noonsistent w/ Rules
Tier Level: I
II III
'
Violation Location and Site Description
Lat/Long
]
Project Location: County 6Af ! k
Shoreline Length.
'r�I
Street Address/ fate Road/ Lot #(a) , _ —TOE yf �I(i-
SAV: Not Sure
Yes
6
V
Sandbags: Not Sure
Yes.
PNA:
Yes
gl Adjacent
Subdivision
DRW'
Yes
Adjacent
. ZIP.,
City`N1/� Il�\J /V v L
Crit. Hab.
Yes
N
�
>/
Phone # Riive.rfr
Photos
Yes
No
-Basin
Waiver Required
WI
No
Adj. Wtr. Body V'-' (6at / an /unkn)
In DWQ Buffer Area
Yes
Closest Maj. Wtr. Body
- Specify DWQ Buffer if applicable:
Rpctnratinn
NOV Date D'(9-(5,_
CNOV Date
Penalty Assessment
Sent to Respondent Date
Rcvd. by Dist. Mgr. Date
Assessment Extended
Yes No
Initial Req. Comp. Date / 1 l/
1,1 �I.j Extension Granted Yes No
�" Restoration Letter
Date Comp. Observed'J_ �� Acceptance Date
App./Permit Fee
Penalty
Willful/Intent.
Continuing
7J.0409 Ref.
Recomm. Assess,
DCM Assess.
WL$
$
$
$
$
is
Total

Formal Assessments, Appeals and Reductions
Date Long Form Submitted Assessment Appealed: Yes No
Date Formal CPA Submitted _
� [] Penalty modified
Final Assessment$. 113&-00 Date /0—,2`.��
Attorney General's Office for Injunction or Formal Collection
Date sent to AG 11 Respondent not responsive to penalty/NOV 0 Injunction to complete restoration
Date Collection Letter Sent Date Demand Letter Sent
Violation Activities and Impacts
AECs Affected: �cWetlands Impacted? Yes 6o ) If yes, which types:
'�
CW l EVy/ TA ES PTS �'/
OEA F 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
;r
Habitat Description .
NOTES:
Closing
Payment Received $ �, > � � Date Date Case Closed

�i
Environmental
Quality
November 2, 2015
CERTIFIED MAIL 7011 2000 0002 2767 9033
RETURN RECEIPT REQUESTED
Sunset Dock Association
c/o Mr. James Rahn Boyer
P.O. Box 68'
Wrightsville Beach, NC 28480
toa.
RE., CAMA VIOLATION#NOV 15-18D
Dear Mr. Boyer:
t�-179
PAT MCCRORY
Governor
DONALD R. VAN DER VAART
Secretary
This letter is in reference to the Notice of Violation dated October 2, 2015 that Robb Mairs, representative for
the Division of Coastal Management, issued to the Sunset Dock Association for the unauthorized installation
of three (3) boatlifts at 705 Waynick Boulevard in Wrightsville Beach, New Hanover County. The violation
involved Estuarine Water and Public Trust Areas, which are Areas of Environmental Concern designated by
the Coastal Resources Commission. Based upon the receipt of the requested adjacent property owner
notifications the restoration requested appears to be complete to the satisfaction of the Division of Coastal
Management.
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 $536 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 $536 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 a check in the
Department's account, Sunset Dock Association 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 Sunset Dock Association. You
will then have the opportunity to request a hearing on the penalty or request settlement of the penalty.
Nothing Compares RECEIVED
State of North Carolina I Environmental Quality NOV 06 2015
1601 Mail Service Center I roleigh, North Carolina 27699-1601
919-707-8600

Sunset Dock Association
November 2, 2015
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,
P
Debra Wilson
District Manager
Enclosures
cc: Roy Brownlow, Compliance Coordinator, DCM
Robb Mairs, Coastal Management Representative, DCM
Tony Wilson, TOWB
Jimmy North, Coastal Marine Construction Piers and Bulkheads, LLC
RECEIVED
NOV 06 2015
®CA4- MHD CITY

PAT MCCRORY
Governor
DONALD R. VAN DER VAART
Environmental $eCretary
Quality
CAMA VIOLATION #15-18D
Sunset Dock Association
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 $536 against the Sunset Dock Association for violation of the
Coastal Area Management Act, NCGS 113A-100 et seg, committed on or near property located at 705
Waynick Boulevard in New Hanover County, North Carolina. In order to resolve this matter with no further
action or expense on my part, I accept responsibility, on behalf of the Sunset Dock Association, for the
violation as described in the Notice of Violation letter dated October 2, 2015, and agree to pay the proposed
civil assessment of $536.
DATE
SIGNATURE
ADDRESS
TELEPHONE NUMBER
Nothing Compares .,,
State of North Carolina I Environmental Quality
1W Mail Service Center I Raleigh, North Carolina 27699-1601
919407-11W
RECEIVED
NOV 06 2015
DCM— MHD C' n'T 4°

i� DCM ENFORCEMENT TRACKING REPORT
b
N
Rep.
Violation Description
Initial Discovery Date1.(r' ��S Discovery Method
Violation Description 41
RespondentTName,(s)
Address . Z4-.J
Issuer �a
[� Violation Case No.
Phone # Fax #/Email
Corporate Name & Registered agent
Permit
(if applicable)
Was activity permittable?CW/ No
Zip
Violation Type:
Project Type:
Authorizations Required:
Site Visits -Respondent Site Visits
Respondent
No Permit
0 Private/Community
Major CAMA
Present //)
pf/`/V
147r^'/,
Present
Permit Condition
Govt./Public
Minor D&F
,
Expired Permit
Q Commercial
General
Inconsistent w/ Rules
Tier Level; I II III
Violation Location and Site Description
Lat/Long
Project Location: County
N it ",/ `
Shoreline Length
Street Addres, tate Road/ Lot #(s)
"��� U W�.
SAV: Not Sure
Yes
6
�4 U
Sandbags: Not Sure
Yes
67
Subdivision
PNA:
Yes
(5T Adjacent
ORW:
Yes
Adlacent
City
ZIP.
Crit. Hab.
Yes
No
N9Phone
# ( _).
River Basin
P(6C^at
Photos
No
Adj. Wtr. Body
/unkn
Waiver Required
,Y�e+s
C o
No
In DWQ Buffer Area
Yes
jy%
Closest Maj. Wtr. Body
Specify DWQ Buffer 0 applicable:
Restoration
NOV Date I D ' - (1 Initial Req. Comp. Date
CNOV Date Date Comp. Observed
Penalty Assessment
Sent to Respondent Date { - (/1 • �� APP /Permit Fee
Penally
Rcvd. by Dist. Mgr. Date
Assessment Extended Yes No WiIlfuUlntent.
Continuing
RECEIVED Investigative
NOV 06 2015
Extension Granted Yes No
Restoration Letter
Acceptance Date
7J.0409 Ref.
Recomm. Assess.
DCM Assess.
$
$
$
$
Is
$
Total
DCM- MHD C11"i'

Forma! 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 0 Respondent not responsive to penalty/NOV Q Injunction to complete restoration
Date Collection Letter Sent Date Demand Letter Sent
Violation Activities and Impacts
AECs Affected:
CW A ES PTS
OFA (� FF UBA N/A
PWS: FC:
Other:
Restoration Required by the Respondent Yes No
Wetlands Impacted? Yes (! ) If yes, which types:
SA DS CJ SY JR LS TY
SS SC SP IF BF 404
Dimensions in excess
of permit/ unauthorized activities
Dimensions to restore
Final dimensions
allowed
Actually restored
Development Activities
Habitat D.escjiption
-
- -
NOTES: Y VLU Y
RECEIVED
NOV 06 201§
DCM- MHD CITY
Payment Received $ Date Date Case Closed