11-18D Village of Bald Head Island

1 �f-.1
NCDENR
North Carolina Department of Environment and Natural
Division of Coastal Management
Beverly Eaves Perdue Braxton C. Davis
Governor Director
December 13, 2011
Village of Bald Head Island
Attn: Mr. Calvin Peck
PO Box 3069
Bald Head Island, NC 28461
RE: Closure Letter
RECEIVED
ResourcJEC 16 2011
Dc"H9647reeman
Secretary
Payment of Proposed Penalty for Violations of the Coastal Area Management Act,
Committed in Brunswick County
CAMA Violation #1t-18D
Dear Mr. Peck:
This letter will acknowledge receipt of your Check #52990, in the amount of $2094.00, dated 11/21/11.
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.
If you have any further questions concerning this matter, please contact me at my Wilmington Regional
Office, [phone].
Sincerely,
n t,
Debra D. Wilson
District Manager
DDW/tms
cc: Ted Tyndall, Assistant Director
Roy Brownlow, Compliance Coordinator
WIRO File Copy
127 Cardinal Drive Ext 'Alilm ngton, NC 28405
Phonr,,. 910-7%--12151 FAX: [phone] Interne,. www.nccoaslalmanayenlenLnef
An EWia100pwtwid-; AErW16ve.1061 EM010Yel
One
Noi-th('z-oli-na
,Nalurallll

PCM ENFORCEMENT TRACKING REPORT
1' s� r
i1 Field Rep. �"7�•tl't'la2 �A'T-� Is� Violation Base No. I/-/ �,
LPO ❑ A B Co
LPJ Violated Permit No.
(if applicable)
Violation Description Was activity permittable? Yes / No
Initial Discovery Date 7,LxIZl I Discovery Method E12oS/ON NL01J ITD-wa
Violation Description l)1\fhUT71VCr7JW AF-?tH /i.l_/if 10re 60L0/AJ fi10 l ihe-ti-
Respondent Information ^ Prior Violations in same AEC: tom/ No ,Case,Number W ,ry .,�; Ulm
Respondent Names) VJU-t?C9' 0i ig C�o Cnje-iS !VIrOd!Et4 (Landowner/Agent/Contractor)
Address_City RH: State -hi Zip
Phone # 17/0 - q�C'7-!J7(-) Fax #
Email 0 r'Y117C!yi U (21 Vl l / /1L8h L dc@
9
�Violation Type:
l�/No Permit
❑ Permit Condition
❑ Expired Permit
❑ Inconsistent wl Rules
Project Type:
❑ Private/Community
F�Govt./Public
❑ Commercial
Authorizations Required:
[J Major If]-CAMA
❑ Minor 2r D&F
❑ General
Site Visits Respondent
Present
plc ❑�
Site Visits Respondent
Present
El
Violation Location and Site Description Rover File % Q 8 02-I / /T
Project Location: County Re J n1S7yJ i (,.—
Street Address/ State Road/ Lot #(s) .'2 L)TH �j 1n7F
6r Bwz-o rlzwo. lsL-Awo
City 8,11"h ZIP
Oti4(o 1.
Phone# (_) River Basin CHO ftj2U2
Adj. Wtr. Body A-i L-ATi-i i (- ocot{J not /man /unkn)
Closest Ma' Wtr Bod f-TL�T7 L 0 C0-7 b�
Shoreline Length IWI
SAV: Not Sure Yes C
Sandbags: Not Sure 4e No
PNA: Yes eq Adjacent
ORW: Yes (fiD Adjacent
Crit, Hab. Yes No
Photos (9 No
Waiver Required Yes 69
In DWQ Buffer Area Yes 62
1' y Specify DWQ Buffer if applicable
Restoration
NOV Date TExtension Granted Yes No
/, 1 Initial Req. Comp. Date --_
Restoration Letter 1. .
CNOV Date Date Comp. Observed Acceptance Date
Penalty Assessment
Sent to Respondent Date
Rcvd. by Dist. Mgr. Date ---
Assessment Extended Yes No
7J.0409 Ref.
Recomm. Assess.
DCM Assess.
App./Permit Fee
$
$
�Penalty
__
'• Willful/Intent.
I $ �l
(.Pc C�
i$
$�
L Cr o
$
Continuing
I $
$
LOther`i�CL{�—
Total
$ --
2- 0CI LA
130

Formal Assessments, Appeals and Reductions
Date Long Form Submitted Assessment Appealed Yes No
Date Formal CPA Submitted C1 Penalty modified
Final Assessment S Date
Attorney General's Office for Injunction or Formal Collection
Date sent to AG ❑ Respondant not responsive to penalty/NOV E Injunction to complete restoration
Date Collection Let. Sent __— _ Date Demand Let. Sent___
Violation Activities and Impacts
AECs Affected: Wetlands Impacted? Yes / No If yes, which types:
CW EW PTA ES PTS
OEA HHF IH SA DS Cl SY IR LS TY
SS SC SP IF BF 404
PWS: FC:
Other:
Restoration Required by the Respondent Yes / No
s
Closing
Payment Received $ Date.-__ Date Case Closed

Vr7lage of Said Head, Island
November14,2011G
Page 3 of 3 C
I
CAMA VIOLATION #11.18D
V81age of Bald Need Island, do Mr. Calvin Peck
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 $2,094 against the Village of Bald Head Island (the'Vfllagel for
violation of the Coastal Area ManagementAct, NCGS 11 3A-100 at sea, committed on or near prop". located
at South Beach and &The Point' area at Groin #16, Bald Head Island In Brunswick County, North Carolina. In
order to resolve this matter with no further action or expense on the Village's part, the V111age of Bald Head
Island accepts rssponsili ty for the violation as described in the Notice of Violation lever dated July 28, 2011.
and agrees to pay this proposed civil assessment of $2,094.
0
N
h
Il-1`f•lf r
DATE SIGNATURE
3069
ADDRESS.
1- 60 15CAvo, N c z rif
9 i c- y S' 7. 9-70 0
TELEPHONE NUMBER
RECEIVED
NOV 2 2 2011
DCM-IvfHD CITY
127 Caul ane Ed. Wadngbn, WolUi Cao6ia ?8105 3815 010
,�.�{.��0
Phan 910.79rr72151FA)L 910395,'i %Irrtenet rwrnama a�ageme�tret 1(/�,Ay►'lh
An Equal0mr1wOy Uftnal oe Adion Erpl W-50% Ro*W t 10% Past Cmmff r Papa warm

AAR
. QyH��yr6�'dri59
IC
North Carolina Department of Environment and Natural Resources
Division of Coastal Management
Beverly Eaves Perdue y James H. Gregson Dee Freeman
Governor Director Secretary
November 14, 2011
CERTIFIED MAIL #70091410 0001 5954 0266
RETURN RECEIPT REQUESTED
Village of Bald Head Island
c/o Mr. Calvin Peck
PO Box 3069
Bald Head Island, NC 28461
RE. CAMAVIOLATION#11-18D
Dear Mr. Peck:
The Division is in receipt bf your correspondence dated October 26, 2011 in response to the Notice of Violation
dated July 28, 2011 that Heather Coats, representative for the Division of Coastal Management, issued to the
Village of Bald Head Island for unauthorized beach bulldozing of South Beach and truck hauling of sand at
South Beach and "The Point" area at Groin#16, in Bald Head Island, Brunswick County. The violation involved
Ocean Hazard, High Hazard Flood and the Inlet Hazard Area, which are Areas of Environmental Concern
designated by the Coastal Resources Commission. After reviewing your response letter, the Division has
determined that the activity could have been permitted but the work not performed during the moratorium
period. Therefore, this letter will take precedence over the October 17, 2011 letter sent to the Village of Bald
Head Island.
Please be reminded that�the Village of Bald Head Island has been issued a prior Notice of Violation. Pursuant
to the North Carolina Administrative Code, Title 15A, subchapter 7J .0409(g)(4)(D)(iii), the amount of the
proposed civil assessment accounts for previous violations of the Coastal Area Management Act (CAMA) and
the Coastal Resource Commission's rules by the Village of Bald'Head Island.
Upon further review of the circumstances involving the aforementioned Notice of Violation, and pursuant to the
rules of the Coastal Resources Commission, it has been determined that a proposed civil penalty in the amount
of $2,094 is appropriate for this violation. The Village of Bald Head Island may expeditiously resolve this matter
prior to the assessment lof a formal civil penalty by accepting responsibility for the violation and paying the
amount proposed above. In order to do this, the Village must: (1) sign -one of the attached copies of an
"Agreement to Pay Civil Assessment;" (2) attach a check or money orderfor $2,094 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, the Village of Bald Head Island will receive a
Notice of Compliance officially closing this enforcement action.
127 Cardinal Drive Ext., Wilmington, North Carolina 28405-3845 One
Phone: [phone]FAX: [phone]Internet: www.ncooastalmanagement.net Nortth¢9C/a�rrrollina
An EqualopportunilylAffirmativeActionEmployer-50%Recycled110%PostConsumerPaper �tttlll"a"f

Village of Bald Head Island
November 14, 2011
Page 2 of 3
If the Village of Bald Head Island does 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 againstthe Village.
The Village of Bald Head Island will then have the opportunity to request a hearing on the penalty or request
remission of the penalty.
Thank you for your time and cooperation in resolving this important matter. Please also be advised that any
additional work will require authorization from the Division of Coastal Management prior to its initiation and that
beach bulldozing is subject to a moratorium extending from May 1 through November 15, unless approved by
the Division after consultation with the NC Wildlife Resources Commission and the US Army Corps of
Engineers. If you have any questions, please do not hesitate to contact me at [phone].
Sincerely, ? �9
Debra Wilson
District Manager
Enclosures
cc: M. Ted Tyndall, Assistant Director, DCM
Roy Brownlow, Compliance Coordinator, DCM
Heather Coats, Coastal Management Representative, DCM
Tara MacPherson, Compliance Representative, DCM
Dave Timpy, USACE
127 Cardinal Drive Ext., Wilmington, North Carolina 28405-3845 None Carolina
Phone: [phone] FAX: [phone]Internet: www.nocoastalmanagement.net � arolin
An Equal Opportunity 1 Affirmative Action Employer- 50% Recycled 110% Post Consumer Paper L

Village of Bald Head Island
November 14, 2011
Page 3 of 3
CAMA VIOLATION #11.18D
Village of Bald Head Island, c/o Mr. Calvin Peck
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 $2,094 against the Village of Bald Head Island (the "Village") for
violation of the Coastal /area Management Act, NCGS 113A-100 et sec, committed on or near property located
at South Beach and "The Point" area at Groin #16, Bald Head Island in Brunswick County, North Carolina. In
order to resolve this matter with no further action or expense on the Village's part, the Village of Bald Head
Island accepts responsibility for the violation as described in the Notice of Violation letter dated July 28, 2011,
and agrees to pay the proposed civil assessment of $2,094.
DATE SIGNATURE.
ADDRESS
TELEPHONE NUMBER
127 Cardinal Drive Ext., Wilm
Phone: [phone] FAX:
An Equal Opportunity 1 Affirm
North Carolina 28405-3845
35-39641Inlernet: www.nccoastalmanagement.net
:tion Employer-50% Recycled 110% Post Consumer Paper
NorthCarolina
AMWAY

Village of Bald Head Island
November 14, 2011
Page 3 of 3
CAMA VIOLATION #11.18D
Village of Bald Head Island, c/o Mr. Calvin Peck
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 $2,094 against the Village of Bald Head Island (the "Village") for
violation of the Coastal Area Management Act, NCGS 113A-100 et sec, committed on or near property located
at South Beach and "The Point" area at Groin #16, Bald Head Island in Brunswick County, North Carolina. In
order to resolve this matter with no further action or expense on the Village's part, the Village of Bald Head
Island accepts responsibility for the violation as described in the Notice of Violation letter dated July 28, 2011,
and agrees to pay the proposed civil assessment of $2,094.
DATE
SIGNATURE
ADDRESS
TELEPHONE NUMBER
127 Cardinal Drive Ext., Wilmington, North Carolina 28405-3845 OnrthCarolina
Phone: [phone] \ FAX: [phone] \ Internet: mm.nccoastalmanagement.net orthCarohn An Equal Opportunity \ Affirmative Action Employer— 50% Recycled \ 10% Post Consumer Paper UI
N

(Domestic Mail Only; No Insurance Ci
For delivery information visit our weesite s
Certllied Fee
4
O
RReceipt Fee
Postmark
Here
7 Endorsement Required)
0(r
Restricted Delivery Fee
(Endorsement Required)
* Total Postage & Fees
$
t-
Sent TO,
:3
7
ti
-
Street, ---------------------------- WCApt Ne:i--
or PO Box No.
Cky, SOmfe,➢.........

;erlified Mail Provides:
I Amailing receipt
I A unique identifier for your mailpiece
I A record of delivery kept by the Postal Service for two years
"portent Reminders:
I Certified Mail may ONLY be combined with First -Class Mena or Priority Maly
I Certified Mail Is not available for any class of international mail.
I NO INSURANCE COVERAGE IS PROVIDED with Certified Mall. Fo
valuables, please consider Insured or Registered Mail.
I For an additional fee, a Return Receipt maybe requested to provide proof a
delivery, To obtain Return Receipt service, please complete and attgFh a Retun
Receipt (PS Form 3811) to the article and add applicable postage to cover the
fee. Endorse mailplece'Return Receipt Requested'. To receive a fee waiver fox
a duplicate return receipt, a USPSa postmark on your Certified Mail receipt i!
required.
I For an additional fee, delivery may be restricted to the addressee o
addressee's authorized a9ant. Advise me clerk or mark the mailpiece with IN
endorsement 'Restricted Delivery'.
I If a postmark on the Certified Mail receipt is desired,please present the ant
cis at the post office for postmarking. If a postmark on the Certified Mal
receipt is not needed, detach and affix label with postage and mail.
MPORTANT: Save this receipt and present it when making an Inquiry.
IS Form 3800, August 2006 (Reverse) PSN 7530-02-000-9047

■ Complete items 1, 2, and 3. Also complete
item 4 if Restricted Delivery is desired.
Print your name and address on the reverse
so that we can return the card to you.
■ Attach this card to the back of the mailpiece,
or on the front if space permits.
I. Article Addressed to: (
hold
C
D. Is delivery address dlHerem aom Item 1? ❑ Yes
If YES, enter delivery address below: ❑ No
3. Service T pe
rtified Mall 0 Express Mail
❑ Registered ATIlleturn Receipt for Merchandise
❑ Insured Mall ❑ C.O.D.
4. Restricted Delivery? (Extra Fee) ❑ Yes
?. ArticleNumber7009 1410 0001 5954 0266
(fiansrtar Irom service IabeQ
04 Fn.... ARi 1 FuL.n mn. onnd Mn•enin om.— ce..ei.a .mcecM .uu

UNITED STATES POSTAL SERVICE
I I I I First -Class Mail
Postage & Fees Paid
USPS
Permit No. G-10
• Sender: Please
print your name, address, and ZIP+4 in this box
O
j
N
Occ
F
zU
QU
2 N.C. Division of Coastal Man gement
-
>
4100 Commerce Avenue
z
u
Q Mombead City, NC 28557
1i;1;1i!lIHIIiiIiiIIiIs! IIiIiiIiliIIIIIIIIIIIIIiIIIJIIIiiill

Village of Bald Head Island
November 14, 2011
Page 3 of 3
CAMA VIOLATION #11.18D
Village of Said Head Island, do Mr. Calvin Peck
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 $2,094 against the Village of Bald Head Island (the"Village) for
violation of the Coastal Area Management Act, NCGS 113A-100 et se , committed on or near property located
at South Beach and "The Poinr area at Groin #16, Bald Head Island in Brunswick County, North Carolina. In
order to resolve this matter with no further action or expense on the Village's part, the Village of Bald Head
Island accepts responsibility for the violation as described in the Notice of Violation letter dated July 28, 2011,
and agrees to pay the proposed civil assessment of $2,094.
I I- ly- t I
DATE
—C—,,(- zz-��Lj
SIGNATURE
..p.3ek 3669
ADDRESS
13 %}CQ t-% I s[.4av0, tic Z r V 2-8
4?1c • 1157•9-7mo
TELEPHONE NUMBER
RECEIVED
NOV 222011
DCM-MHD ^rry
urittLL�
127 Car&W Drive FA., Wilmington. North Carolina 28405380 VoaCBTolina
Plane: 910-79fr72151FAX: 91Q395.1W\1memet: www.n�aimanagement.netAn Equal Opportunity1 AlBrmalive Action Employer- 50% Recycled 110% Post Consumer Paper

,
i)f(^st2i "J vi'i 'ft) tq,- li' ' <.= , r
rpnf;, J\+ )-yf;--woLi
c [ci E spa;
1 �? idI v.as',''c A jIVd 0 E}FwX0IC) 91 YA'3 OT A
er,3 ..;;:7G?t:lq i'. ! isluist.1 ;till^ {C' }hFNfl eq,30 3(}} 10 1i64)2 011 16ff} iJiia}c!i=i"i(; ,
j�:"i'.,.l,ly w:i'lii ?:e': �'::t '!1 r• ci`'I: n. 2 ) i",f-, ?C} ; s d . � i b�f jC) tv.7 !�� r}} }c".E iiSEf�; >y�?O,S.t �IC .,.idly
""afihw0.4,h8rF:S,f1',f'ipf;C1Y,'f;'r;lfCifF),f;::-)3 �i1�i-,�,`;�i �vJi�,��1 y!<c{lncrr:,,4^,'•i c� fc�a :3� il•. 't,
fit irti!it)'4^t: (Uti)G'} ° t"SUChi 74Jiw?wi18 ni 1?i16?ut h^aah'4's. GE) , i'Vt lilii..' 1ti ;bF.,,,,e8, (i voi }6
Fs38 t lr8 iG a'rR,i?ti V n,it W1 {iU , ;.'il9i??:9'EG C,7 il°7 1z";'IC7 v''Lt ritQ9'I r lfb10
.I MS ,f i �rjuL C9f'i}.; 3'.ati;!`•i'i{tt?8!t?i�?` +':s �.kIEGt'(`,".f{ fit 1J'?;i?J��'lY F r1;3 tc a Ia. 1.ti i 9t 1 t � 12 a:. a ,u s,:lair s.r, uii vli4,..2fictlu3? 2,r;a..s: tt.�,
'MS
ri�7Pri;}14 wtt/r:I;-kq�'a1`
,M foal 4112&wy. p' , lwlvQW!
�� �� ° mi• F -,<`i .' � i G..Ir 4 , ..+.r.ti•Z I�� � :i.iy .} i .�\N.--- -rr t h „)� .* ' ?. v. 'XpL� G,d;1? .VS

THE VILLAGE OF BALD HEAD ISLAND
-1' 2622 NCDENR
Account Number Inv Date PO Number Invoice Numb
10-4700-3700 11/14/2011 NOV 2011
u,r �
uoz Z 9 AON
camam
Check Total
5 THE VILLAGE OF BALD HEAD ISLAND
m P.O. BOX 3009
BALD HEAD ISLAND, NC 28461
�SLAN�
-.PAY .Exactly Two thousand ninety four and 00/100
NCDENR
TO DIV OF COASTAL MGMT
THE 127.CARDINAL DRIVE EXT.
ORDER WILMINGTON NC 28405-3845
OF:
52990
11/21/2011 52990
Amount Description
2,094.00 CAMA VIOLATION#11-18D
2,094.00
RBC BANK
6M5/531
THIS DISBURSEMENT HAS BEEN APPROVED
AS REQUIRED BY THE LOCAL GOVERNMENT
BUDGET AND FISCAL CONTROL ACT
52990
DATE CHECK NO. AMOUNT
11/21/2011 52990 ****2,094.00
(•iVZ�fLP-'
AVi CRRPD SIGNATURE
100 5 2990,1' 1:0 5 3 1008 501: i 5 2000 2 5 3011'
I
3
K

Division of Coastal Management
9
`J
NCDENR
North Carolina Department of Environment and Natural Resources
Beverly Eaves Perdue, Governor Dee Freeman, Secretary
FAX COVER
DATE:
TO:
OFFICE:
FAX #: R (o 3 q5
TELEPHONE #:
TOTAL PAGES INCLUDING COVER SHEET:
FROM:
Morehead City Office
400 Commerce Avenue
Morehead City, North Carolina 28557
Phone: 252=808-2808
FAX: [phone]
rwww.nccoastalmanagement.net
RE: �f
TAFax Cover DCM

SENDER: COMPLETE THIS SECTION
COMPLETE THIS
s Complete items 1, 2, and'3. Also complete "
'A. gn t re
t item 4 If Restricted Delivery is desired.
X
❑ A m
. ■ Print your name and address on the reverse
Addressee:
so that we can return the card to you.
'ved by
Nam
ate of pelivery
.- ■ Attach. this card to the back of the mailpiece,
• or on the front if space permits.
Ag
D. Is delivery address different from item,l?
❑ Yes
1. Article Addressed to:
i d�ClI
If YES, enter delivery address below:
❑ No
�(111ats�
•1
S6L`j
Ype
-a-Certified Mall ❑ Express Mail,
:, 'c GlCL'
❑ Registered alurn Receipt for Merchandise
r _ O
❑ Insured Mail ❑ C.O.D.
,1
4. Restricted Delivery? (Extra Fee)
❑ Yes
2. Article Number 7009 1410 0001 5954 0266
'1
1
(lransferlrom service taboo ,
a PS Form 3811, February 2004 Domestic Return Receipt
1e25e5-02-M-1540
4
i

C 0 P Y ��A
NCDEE R
North Carolina Department of Environment and Natural Resources
Division of Coastal Management
Beverly Eaves Perdue James H. Gregson
Governor Director
November 14, 2011
CERTIFIED MAIL #70091410 0001 5954 0266
RETURN RECEIPT REQUESTED
Village of Bald Head Island
c/o Mr. Calvin Peck
PO Box 3069
Bald Head Island, NC 28461
RE. CAMAVIOLATION#11-18D
Dear Mr. Peck:
Dee Freeman
Secretary
The Division is in receipt of your correspondence dated October 26, 2011 in response to the Noticeof Violation
dated July 28, 2011 that Heather Coats, representative for the Division of Coastal Management, issued to the
Village of Bald Head Island for unauthorized beach bulldozing of South Beach and truck hauling of sand at
South Beach and "The Point" area at Groin #16, in Bald Head Island, Brunswick County. The violation involved
Ocean Hazard, High Hazard Flood and the Inlet Hazard Area, which are Areas of Environmental Concern
designated by the Coastal Resources Commission. After reviewing your response letter, the Division has
determined that the activity could have been permitted but the work not performed during the moratorium
period. Therefore, this letter will take precedence over the October 17, 2011 letter sent to the Village of Bald
Head Island.
Please be reminded that the Village of Bald Head Island has been issued a prior Notice of Violation. Pursuant
to the North Carolina Administrative Code, Title 15A, subchapter 7J .0409(g)(4)(D)(iii), the amount of the
proposed civil assessment accounts for previous violations of the Coastal Area Management Act (CAMA) and
the Coastal Resource Commission's rules by the Village of Bald Head Island.
Upon further review of the circumstances involving the aforementioned Notice of Violation, and pursuant to the
rules of the Coastal Resources Commission, it has been determined that a proposed civil penalty in the amount
of $2,094 is appropriate for this violation. The Village of Bald Head Island 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, the Village must: (1) sign one of the attached copies of an
"Agreement to Pay Civil Assessment;" (2) attach a check or money order for $2,094 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, the Village of Bald Head Island will receive a
Notice of Compliance officially closing this enforcement action.
127 Cardinal Drive U., Wilmington, North Carolina 284053B45 One
Phone: [phone] FAX: 910-39"96411ntemet: www.nccoastalmanagement.net N hCarollina
An Equal Opportunity \ Affmnative Action Employer — 50% Recycled \ 10% Post Consumer Paper Naturally

Village of Bald Head Island
November 14, 2011
Page 2 of 3
If the Village of Bald Head Island does 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 the Village.
The Village of Bald Head Island will then have the opportunity to request a hearing on the penalty or request
remission of the penalty.
Thank you for your time and cooperation in resolving this important matter. Please also be advised that any
additional work will require authorization from the Division of Coastal Management prior to its initiation and that
beach bulldozing is subject to a moratorium extending from May 1 through November 15, unless approved by
the Division after consultation with the NC Wildlife Resources Commission and the US Army Corps of
Engineers. If you have any questions, please do not hesitate to contact me at [phone].
Sincerely,
` 0�Q ,
Debra Wilson
District Manager
Enclosures
cc: M. Ted Tyndall, Assistant Director, DCM
Roy Brownlow, Compliance Coordinator, DCM
Heather Coats, Coastal Management Representafive, DCM
Tara MacPherson, Compliance Representative, DCM
Dave Timpy, USACE
127 Cardinal Drive Ext., Wilmington North Carolina 28405,W5 C
Phone: 910-79G72151FAX, 91039539841Internet: www.ncoDastaimanagament.net o'iCarofi la
An Equal Opportunity 1 Affirmative Action Employer— 50% Recycled % 10% Post Consumer Paper Natmally

Village of Bald Head Island '
November 14, 2011 i
Page 3 of 3
a. , CAMA VIOLATION #11.180
Village of Bald'Head Island; clolMr. Calvin Peck
AGREEMENT TO`PAY'PROPOSED CWASSESSMENT
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 $2,094 against the Village of Bald Head Island (the °village°) for
violation of the Coastal Area Management Act, NCGS 113A-100 eta committed on or nearproperty located
at South.Beach and.7.he Point" area atGroin #16, Bald Head Island in Brunswick County, North Carolina. In
-order to resolve this:matter YAM no further action or expense onthe.Villag'e's part, the Village of Bald Head
Island accepts responsibility for the violation as described in the Notice ofViolation letter dated July 28, 2011,
and agrees to pay the proposed civil assessment of $2,094.
DATE SIGNATURE
ADDRESS
TELEPHONE NUMBER
127 Cardinal Drive U, Wilmington, North Carolina 284053845 ,one C
Phone: [phone] FAX, 9103ww me 9&M 11ntemet: wrtocoastatmanagent.net- lV aiO1111S h
AnEquatOppo' hity I Affirmative Action Employer— 50% Recycled 110% Post Giinsdiner Paper att`srQLL�

Village of Bald Head Island
November 14, 2011
Page 3 of 3
CAMA VIOLATION #1148D
Village.of Bald Head Island, do'Mi. Calvin Peck
AGREEMENT.,TOIPAY. PROPOSED;CIVIL'ASSESSMENT
1 understand: that the,staff of .the Department of, Environmentand ;Natural, Resources will propose the
assessment of a civil penalty in the amount of $2,094 against the Village of Bald Head Island (the "Village? for
violation ofthe Coastal Area Management Act, NCGS 1.13A-100 et seMc ,:committed on or near property located
at South Beach an&%e Point" arwat,Groin #16, Bald Head Island irrBrunsWck County, North Carolina: In
order -to resolve:this matter with no further action, or -expense owthe. Village's part, the Village of Bald Head
Island accepts responsibility.for the violation as described:in the Notice of Violation letter datedJuly28,12011,
and agrees to pay the proposed civil assessment of $2,094.
DATE
A.
SIGNATURE
ADDRESS
TELEPHONE NUMBER
127 Cardinal Drive E4,.wiilmington, North Carolina 294053845 , I one
Phone: 91049ri72151FAX 910395,MIlntemet:,www.nccoastalmmagement.net- NQ Ca1'OI1Dfl
Anfqual Opportunity \ Affirmative Action Employer— 50% Recycled 110% Post Consumer Paper �urix�Li�
J

Tyndall, Ted
From: Coats, Heather
Sent: Wednesday, September 21, 2011 10:08 AM
To: Brownlow, Roy; Tyndall, Ted
Subject: FW: BHI assessment
Attachments: BHI Beach Bulldozing.1 1-1 8D. Assessment.doc
Hi Roy and Ted, L'I �pb ao
Attached is BHI's assessment letter. Please look this over when you have a moment and let me know if I need to make
any changes.
For penalty, I used Chris's estim ion of 140 cubic yards material dumped, plus assu ing they only scraped 1' deep,
if my calculations are correct 00 x 27 (2 cubic feet in cubic yard and sq ft= cubic since is is at a height of only 1').
That brings us to 37,800 sf impacted q, or the ma penalty of $10,000 since non -permutable. As for investigative
costs, I figured: 1" site visit (1 hr), NOV ( hr), 2nd site visit (I didn't count any time, as it was quick), assessment letter (.5
hr). So 2.5 hrs x $27/hr= $67. 1 did not add ferry fees or travel time since both site visits for this case were in performed
in conjunction with other previously scheduled visits. Since it's $10k, my thinking is I would rather underestimate the
investigative costs, as I don't want to give them any excuses to appeal it. They may also argue the size of area impacted,
but if they only scraped 1' deep and disposed of 1400 cubic yards, by my calculations, that should be the minimum area
impacted, and that doesn't even count the sand that was bulldozed and left in the pile. But any input is welcome!
Thanks!
Heather 1 go:.r /0,0
Heather Coats, Field Representative
NC Division of Coastal Manaaement
127 Cardinal Drive Extension
Wilmington, NC 28405-3845
[phone] Fax[phone]
Toll free:l-888-912-LAMA
E-mail: [e-mail]
` hknail correspondence to and from dais address maybe suhjccl to tlu North Carolina I'uhlic Recrirds Insv and maybe discli�sed to
third parties.

9 /�0OF.�
a d The Village of, Bald Head Island
a x
•fSL A��
October 26, 2011
VIA U.S. MAIL, CERTIFIED
North Carolina Department of Environment and Natural Resources
Division of Coastal Management ("DCM")
c/o Ms. Debra Wilson
127 Cardinal Drive Extension
Wilmington, North Carolina 28405-3845 F
Re -.Village of Bald Head Island (the "Village") OCT 2 0 2011
Alleged CAMA Violation No.11.18D
®CW1 WILN11N1; TON, NC
Dear Ms. Wilson,
The Village received and reviewed your letter dated October 17, 2011, but is unable to
pay $10,094.00 to DCM and sign the form enclosed in your letter, for the following reasons.
1. The matter arises from a misunderstanding occurring during a meeting with
the DCM regarding efforts to manage beach erosion in compliance with
DCM regulations.
An apparent misunderstanding arose during the June ,7, 2011 meeting on Bald
Head Island to discuss available options for responding to and mitigating
accelerated beach erosion on the Island. During that meeting, Village staff
interpreted comments by Jim Gregson, Director of DCM, to indicate that the
Village had DCM authorization to relocate beach sand placed during the Village's
2010 private nourishment project to fill the scour hole adjacent to Groin No. 16.
The Village acknowledges that DCM staff does not believe such approval was
given and therefore issued a' Notice of Violation after becoming aware of the
work. Nonetheless, the work was performed under a good faith belief that it was.
authorized.
2. DCM may not lawfully impose any civil penalty more than thirty (30) days
after its determination that restoration is complete.
DCM's authority to assess a civil penalty derives from the regulations contained
in 15A NCAC 07J .0409. DCM may only assess penalties in compliance with the
delegation of power set forth in those regulations, promulgated by the Coastal.
Resources Commission. Those regulations state: "The Director [of DCM] shall
issue a notice of assessment within 30 days after the Division determines that
restoration of. the adversely impacted resource is complete." DCM made its
P.O. BOX 3009 • BALD HEAD ISLAND, NC 28461
[phone] • FAX [phone] • WEBSITE: http://www villagebhi.org

Division of Coastal Management
c/o Debra Wilson
Page 2 of 3
October 26, 2011
R, E� ,c* EA NIF
OCT 2 8 2011
f C-0,117 r ii.t�;�ok l'��s, NC
determination no later than September 8, 2011, which is the date of its letter
stating: "Based on this site visit [on September 1, 2011] and in consultation with
the NC Wildlife Resources Commission, US Army Corps of Engineers, and US
Fish & Wildlife Service, it was determined that ... restoration of the site is not
necessary," Accordingly, 48 days have now passed since September 8t° and no
notice of assessment has yet been issued. As a result, the period in which DCM
could have issued such a notice has lapsed, and any forthcoming notice would be
invalid.
3. The regulations setting the penalty amount DCM must impose contravenes
North Carolina law (both facially and as now applied to the Village) and are
unenforceable.
The North Carolina General Assembly, from whom all power to assess civil
penalties for CAMA violations originates, has listed eight factors which "shall' be
considered in determining the amount of any penalty. See N.C.G.S. § 113A-
126(d)(4). In contravention thereof, the regulations used by DCM to determine
the amount of the threatened civil penalty in this matter reduce the consideration
to only two factors: location and square footage of the violation. See 15A NCAC
07J .0409(g)(4)(B): The regulations are therefore unenforceable under North
Carolina law. Further, because all of the statutory factors weigh in favor of a
lesser penalty against the Village in this matter, the regulations are also
unenforceable as applied to the Village in these circumstances.
4. The Village does not believe that the quantum of the threatened civil penalty
is appropriate, even if DCM may assess a penalty.
As Chris McCall --Shoreline Protection Manager and CAMA Local Permit
Officer —explained to DCM on several occasions, he and the Village believed (in
good faith and after in person consultation on Bald Head Island with DCM staff,
including Director Gregson) that DCM had authorized the work that produced the
Notice of Violation. However, DCM now asserts it did not authorize the work,
and could not have at that time. Village representatives and others who attended
the June 7, 2011 meeting with DCM, among others, are confident that DCM did
not state the work could not be permitted at that time. The Village notes that the
purpose of the meeting was to consider emergency measures to the severe erosion
on Bald Head Island, and any indication that work would be delayed would have
been noteworthy.
As a result, the Village does not agree that a civil penalty in this matter could
appropriately be calculated using the chart contained in 15A NCAC 07J
.0409(g)(4)(B); instead, regulation .0409(g)(4)(A) appears appropriate: "Major
development which could have been permitted under the Commission's roles at
the time the notice of violation is issued shall be assessed a civil penalty equal to
two times_ the relevant CAMA permit application fee, plus investigative costs,"

Division of Coastal Management
c/o Debra Wilson
Page 3 of 3
October 26, 2011
which are capped at the lesser of one-half the penalty or $2,500.00. Therefore,
even if DCM may lawfully impose any civil penalty at this juncture, only a
substantially smaller penalty under regulation .0409(g)(4)(A) would be
appropriate.
Finally, the Village disagrees with the methodology used by DCM in concluding
that the total area of the disturbance exceeded 25,000 square feet. For that
additional reason, the Village believes the threatened penalty is excessive.
From your letter,•I understand that DCM intends to proceed with assessing a civil penalty
against the Village. Although the Village believes DCM may not lawfully do so, as explained
above, it also understands that DCM may enter into a settlement at. any time before the contested
case hearing occurs. To that end, without waiving any defenses or rights, the Village offers to
pay DCM $2,500.00 to resolve this matter. This amount represents the statutory maximum for
investigation reimbursement and the offered payment (whether accepted or rejected) shall not
constitute an admission of any CAMA violation.
Please notify me by the close of business on Friday, November 4`h about whether DCM
accepts the Village's settlement offer. If the Village receives a formal notice of assessment in
the meantime, it will assume DCM has rejected its offer and will proceed accordingly. However,
the Village hopes DCM accepts its offer, so we may all put this matter behind us promptly.
Sincerely,
el
� /(/-Ce-
Calvin R. Peck, Jr.
Village Manager
PC: J. Andrew Sayre, Mayor
Chris McCall, Shoreline Protection Manager
Charles Baldwin, Village Attorney
(XT 2 11 am
Y.;ICiA lllt18.E1ltiiilhat f'�; 64c,

DCM ENFORCEMENT REQUEST
(USE WHEN INJUNCTION OR FORMAL ASSESSMENT REQUESTED)
CAMA CASE #11.18D
Type of action requested: PENALTY
Coastal Management Representative (or LPO & Locality): Heather Coats
2. Respondent's Name: Village of Bald Head Island, c/o Mr. Calvin Peck
Mailing Address: Po Box 3009, Bald Head Island, NC 28461
Phone: [phone]
3. Project Location (County, State Road, Waterbody, etc.): South Beach, between Groins 8-9 and
12-13 and West Beach at Groin 16, adjacent to the Atlantic Ocean, Bald Head Island, Brunswick
County
4. Property Owner's Name, Address, Phone # [if different]: Violation occurred on public trust
beach and public trust area.
5. Attach Copy of Deed. ❑ Attachments (NIA)
6. Type of Violation: CAMA MAJOR
Program: CAMAIDREDGE & FILL
If CAMA Major, list other required permits, etc. If Permit Condition, give Permit # and attach
copy. ❑ Attachments
Permits would have been required from the US Army Corps of Engineers and the NC Division of
Water Quality and authorization would have been needed from NC Wildlife Resources
Commission.
Describe nature of development under G.S. 113-A-103(5) or of unauthorized activity under
permit:(-cs'c-
The Village of Bald Head Island initiated unauthorized beach bulldozing from the normal low water
line landward between Groins 8-9 and 12-13, aw.1rensported the bulldozed material by truck to
Groin 16 for disposal above and below the4Aigh water line. Work was conducted during a
moratorium established by the NC Wildlife Resources Commission for the protection of sea turtles.
8. (A) Area(s) of Environmental Concern Involved:
1. Ocean Hazard (OH)
2. Estuarine Waters (EW)
3. Public Trust Area (PTA)
OEA Sq. Ft.: >25,000 Dimensions: Width: >350' x Length: >75' x Depth: 1'
Project area impacted the Ocean Erodible Area, Inlet Hazard Area and High Hazard Flood AECs,
broadly grouped as the Ocean Hazard System AECs. � �_5-r
Additional Information:ADDITIONAL NARRATIVE OR INFORMATION

(B) Coastal Wetlands (If Applicable): (Indicate Type)
1. N/A
Other: N/A A/
Wind or Lunar Tides: N/A Flooded: N/A S um( cry b 7 S�ye
(B) Estuarine Waters: Total Square Feet of Impacted Area: N/A
Excavated N/A Filled N/A Restored N/A Other N/A
Primary Nursery Area? YES OR NO Excavated N/A Filled N/A
Mudflat or Shell Bottom? YES OR NO Excavated N/A Filled NIA
Submerged Aquatic Vegetation? YES OR NO Excavated N/A Filled N/A
C) Public Trust Area: Total Square Feet of Impacted Area: N/A
Excavated N/A SgFt Filled NIA Restored N/A Other N/A
Primary Nursery Area? YES OR NO Excavated N/A Filled N/A
Mudflat or Shell Bottom? YES OR NO Excavated N/A Filled N/A
Submerged Aquatic Vegetation? YES OR NO Excavated N/A Filled N/A
(D) Coastal Shoreline:
Estuarine Shoreline: Total Square Feet of Impacted Area: N/A
Excavated N/A Filled N/A Restored N/A Other N/A
Adjacent Outstanding Resource Waters? YES OR NO Sq. Ft. Impacted: N/A
Jurisdictional Wetlands? YES OR NO Sq. Ft. Impacted: N/A
Public Trust Shoreline: Total Square Feet of Impacted Area: N/A
Excavated N/A Filled N/A Restored N/A Other N/A
Adjacent Outstanding Resource Waters? YES OR NO Sq. Ft. Impacted: N/A
Jurisdictional (non -coastal) Wetlands? YES OR NO Sq. Ft. Impacted: N/A
(E) Coastal Wetlands/Marsh: Total Square Feet of Impacted Area: N/A
Excavated N/A Filled N/A Restored N/A Other N/A
(F) Ocean Erodible Area: Total Square Feet of Impacted..Atea->25,000
Primary or Frontal Dune? No Sq. Ft. Impacted: N/A
-2-

9. Details of how DCM first learned of violation:
While conducting a site visit on July 21, 2011 with Chris McCall, Village Assistant Manager, and
Stephen Boyett, Village Building Inspector, to gather information for the Village's proposed
sandbag revetment, I observed a large pile of sand that had been placed at Groin 16. *14r �
a,n P(C,--� ,Ac-r. �-`+ W 41 pa Aer-
10. Details of first DCM inspection:
During this July 21, 2011 site visit, Chris McCall, Village Assistant Manager, stated upon being
questioned about the origins of the sand pile observed that the Village had initiated beach
bulldozing of sand between the high water and low water lines, and stated the bulldozed sand was
being transported to Groin 16 for disposal in the eroding area landward of the groin. A secondjarge
pile of sand (measuring approximately 55' in length by 35' in width by 10' in height) was also
observed on South Beach between Groins 12-13. Evidence of beac ing (i.e. equipment
tracks) was observed along a stretch of the beach between Gro' 2-13 measuring approximately
200' in length. £)cc&vA-rco,-� Gvks 7
11. Attach copy of Notice of Violation and Postal Receipt Card or Sheriffs Return. [Same if a
Continuing Notice of Violation.] Ox Attachment A
12. Restoration Required? Restoration was pending agency review and was ultimately accomplished
naturally due to Hurricane Irene on August 27, 2011 (in the form of leveling the remaining sand pile
between Groins 12-13).
[If Yes, attach copy of Restoration Request and give restoration deadline if different from
one in Request and explain.] ❑x Attachment B
13. Date DCM determined restoration was complete and accepted (if applicable):A letter stating
no further restoration was required was send to the Village of Bald Head Island on September 8,
2011.
14. Would the project have been allowed had a Permit been applied for? No
[If NO, cite the provisions in the CAMA, Dredge and Fill Law, CRC's Rules, Local Land Use
Plan, etc., which would have been violated]. RAb/(
� r.Hc n�✓.iic.,/4 Cam'''�"
Jv
According to 113A-118(a), any"person`or shall obtain a permit from the Dlyision pp�,
undertaking any development in an dea of environmental concern. •The,(beac!k bulldozing and
trucking of sand would not have been authorized during the moratorium, which extends from May 1
to November 1�, 2011, in accordance with comments received from the NC Wildlife Resources
Commission and 113A-120(a)(8-9), 15A NCAC 07H.0308(a)(1)(E-F) and 15A NCAC 07H
.0308(a)(4).
15. Recommended penalty amount? $10,094
Cite the specific Rule(s) of the CRC in 710409 and explain why the penalty should be
assessed under it. [If the violation was willful and intentional or continuing, describe the
base penalty here and then any increased or additional penalty below.]
According to 7J.0409(g)(4)(B)&(D), Major development that could not have been permitted at the
time of the notice of violation is subject to penalties under Schedule A.The penalty for work in the
3-

Ocean Hazard System exceeding 25,000 square feet in area under Schedule A is $10,000. 7J
.0409 states penalties affecting more than one AEC shall be combined. Schedule A also carries an
additional penalty of $10,000 for impacting more than 25,000 of Public Trust Area and/or Estuarine
Waters. Because this is the Village of Bald Head Island's second notice of violation, it is considered
"Willful and intentional" under 7J .0409(g)(6)(D), which calls for a doubled penalty; however, 7J
.0409(g)(6)(D) limits the maximum penalty to be assessed at $10,000 plus investigatle.c�ts�.�
Therefore, the recommended penalty is $10,000 plus 3.5 hours of investigative cost , resulting in a
total recommended assessment of $10,094, 5] Attachment C
16. If the violator was a contractor, attach copies of the previous Notices of Violation showing
development in the same AECs and payment of any penalties. ❑ Attachments
[See 7J.0409(g)(5)(E) and explain what the amount should be based on the CRC's rules.]
The respondent in this case is not a contractor.
17. If the violation was willful, describe why, pursuant to 710409(g)(4)(D) or (5)(D), and attach any
supporting documents. ❑x Attachment D
The Village of Bald Head Island was issued a notice of violation (#10-14D) on March 29, 2010. Per
7J .0409(f)(6)(D)(iii), a violation is considered to be willful and intentional when the person (or
entity) has committed a previous violation of Commission rules.
18. If daily penalties are recommended, give the dates on which they should begin and end
under 7J.0409(f)(4)(G) and explain what the daily amount should be based on the CRC's
rules.
Daily penalties are not recommended.
19. Are there any reasons for increasing or decreasing the penalties or for remitting them under
the CRC's rules? No
Provide any other information or attach any other documents which will help the Attorney
General's office or the Director to understand the violation. ❑x Attachments E & F
A"@Fesaaet " proposed civil assessment was mailed to the Village of Bald Head Island on
October 17, 2011 and was received on October 19, 2011.
'J . 0 y0? �� NOTE: If this form is not appropriate for a particular violation, write a narrative Enforcement Request, or,
supplement this form as necessary.
SUBMITTED BY: Heather Coats
TITLE: Field Representative
DATE: November 1, 2011
-4-

REVIEWED BY DISTRICT MANAGER: Initial Date:
REVIEWED BY COMPLIANCE COORDINATOR: Initial Date:
REVIEWED BY ASSISTANT DIRECTOR: Initial Date:
-5-

North Carolina
Beverly Eaves Perdue
Governor
Village of Bald Head Island
c/o Chris McCall
PO Box 3069
Bald Head Island, NC 28461
� kV*AwA
&4
RENEW
Department of Environment and Natural Resources
Division of Coastal Management
Dee Freeman
(' September 6, 2011 RECEIVED Secretary
SEP 13 2011
RE: NO RESTORATION REQUIRED -CAMAVIOLATION #11.18D
Dear Mr. McCall:
DCM•MHD CITY
This letter is in reference to the Notice of Violation # 11-1 BD sent to you dated July 28, 2011 for the unauthorized
beach bulldozing on South Beach, from the normal low to normal high water lines, at approximately V in depth, with
truck hauling of the bulldozed material to Groin #16 at "The Point" within the Ocean Erodible, High Hazard Flood and
Inlet Hazard Areas of Environmental Concern (AECs) in or near the Atlantic Ocean. The violation took place at South
Beach and the area known as "The Point" off of South Bald Head Wynd in or near the community of the Village of
Bald Head Island in Brunswick County, North Carolina. This unauthorized activity constituted development and the
Village of Bald Head Island was requested to submit a site plan for restoration. In accordance with the North Carolina
Administrative Code, Title 15A, Subchapter 7J.0410, any violation involving development which is inconsistent with
guidelines for development within Areas of Environmental Concern (AEC) must be corrected by restoring the project
site to pre -development conditions to recover lost resources or to prevent further resource damage.
A site visit was conducted by myself, Molly Ellwood of the NC Wildlife Resources Commission and Stephen Boyett of
the Village of Bald Head Island at the aforementioned location on September 1, 2011 to inspect current site
conditions in regards to the unauthorized activity addressed in the Notice of Violation 11-1BD. Based on this
inspection and in consultation with the NC Wildlife Resources Commission, US Army Corps of Engineers, and US
Fish & Wildlife Service, it was determined that the recent effects of Hurricane Irene have redistributed the bulldozed
material to the extent that restoration of the site is not necessary. Upon my submission of an enforcement report,
you will be notified as to the amount of the civil penalty for undertaking this unauthorized activity within an Area of
Environmental concern.
Thank you for your attention and cooperation in this matter. If you have any questions pertaining to this matter,
please feel free to call me at [phone].
Sincerely,
Heather Coats
Coastal Management Representative
Cc: Ted Tyndall, Assistant Director, DCM
Debra Wilson, District Manager, DCM
Roy Brownlow, Compliance Coordinator, DCM
Molly Ellwood, WRC
Dave Timpy, ACE
One
127 Cardinal Drive Ext., Wilmington, North Carolina 28405-3845 NorthCarolina
Phone: [phone]FAX: [phone]Internet: www.nocoastalmanagement.net y��//�
An Eoual ODoortunity \ Affirmative Action Emclover- 50% Recvcled 110% Post Consumer PaceNatu` r "

r MI
Beverly Eaves Perdue
Governor
rjA
NCDENR
North Carolina Department of Environment and
Division of Coastal Management
October 17, 2011
CERTIFIED MAIL #7010 0290 0003 0834 3868
RETURN RECEIPT REQUESTED
Village of Bald Head Island
c/o Mr. Calvin Peck
PO Box 3069
Bald Head Island, NC 28461
RE: CAMAVIOLA TION#11.18D
Dear Mr. Peck:
Natural Resources
RECEIVED
OCT 20 2011
It
DCM-MHD
CITY
Dee Freeman
Secretary
This letter is in reference to the Notice of Violation dated July 28, 2011 that Heather Coats, representative for
the Division of Coastal Management, issued to the Village of Bald Head Island for unauthorized beach
bulldozing of South Beach and truck hauling of sand at South Beach and "The Point" area at Groin #16, in Bald
Head Island, Brunswick County. The violation involved Ocean Hazard, High Hazard Flood and the Inlet Hazard
Area, 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 violations of this type. It is the policy of the Coastal Resources Commission to
assess a civil penalty for 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 $10,094 is
appropriate for this violation. The Village of Bald Head Island 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, the Village must: (1) sign one of the attached copies of an °Agreement to
Pay Civil Assessment;' (2) attach a check or money order for $10,094 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 the Village check in the Departments account, the Village of Bald Head Island will receive a
Notice of Compliance officially closing this enforcement action.
127 Cardinal Drive Ed., Wilmington, North Carolina 28405-3845 One
Phone: [phone]FAX: [phone]Internet: www.ncooastalmanagement.net NO fC�aroliina,
An Equal Opportunity 1 Affirmative Action Employer- 50% Recycled 110% Post Consumer Paper NaNQ! iy

Village of Bald Head Island
October 17, 2011
Page 2 of 3
If the Village does 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 the Village of Bald Head Island.
The Village will then have the opportunity to request a hearing on the penalty or request remission of the
penalty.
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,
Q
n
A,1
Debra Wilson
District Manager
Enclosures
cc: M. Ted Tyndall, Assistant Director, DCM
Roy Brownlow, Compliance Coordinator, DCM
Heather Coats, Coastal Management Representative, DCM
Chris McCall, Village of BHI
Dave Timpy, USACE
127 Cardinal Drive Ext., Wilmington, North Carolina 28405-3845 One
Phone: [phone]FAX: [phone]ntemet www.nccoastaimanagement.net Nopt ,C/aroliina
An Equal Opportunity 1 Affirmative Action Employer— 50% Recycled 110% Post Consumer Paper Naturally

DCM ENFORCEMENT TRACKING IsREPORT
su r c�
Fleld Rep. 7T�n s ca✓r< ��gj� Violation Base No. / I — f 7I LPO _ A B Co
LPI Violated Permit No.
(ifappliceble)
Violation Description Was activity permittable? Yes / No
Initial Discovery Date 21 1 Discovery Method E?eOSJON M00 I T04e/lV a
Violation Description p? H 61LL=tA)& 69=20J ME-W l'h&P (,AldIWZ, -
Respondent Information Prior Violations in same AEC: ®/ No Case Number lJl.
Respondent Names) 1lILLfiGe (�� C�rFli C�o C&AC"S MrC A14 (Landowner/Agent/Contractor) ~
Address —Po &-,X300q City 9 State_&L Zip %fg1(n1
Phone # 9)0 — �S7-�]D C� Fax #
Email t"M,-13afl,(21Vlat/Lh I Qn
Violation Type:
ErNo Permit
❑ Permit Condition
❑ Expired Permit
❑ Inconsistent w/ Rules
Project Type:
❑ Private/Community
Z�Govt./Public
❑ Commercial
Authorizations Required:
[�yMajor r�y CAMA
❑ Minor LI D&F
❑ General
Violation Location and Site Description
Project Location: County Bed dSW I rAC_
Street Address/ State Road/ Lot #(s) ,5OUT74 l vim% 605fliS
for B#zo rty�o Is" -NO
City Lkh ZIP
Zt4ko I
Phone# (_) River Basin CAIV I'E7b2
Adj. Wtr. Body A r L%rJj1 C Ocwtf-) ((�ii t /man lunkn)
Closest Ma' Wtr. Bodu G 0 Ck"71'N
Site Visits Respondent
�Present
/���
—^7T' 1 2'
Site Visits Respondent
Present
El
0 0 B ozil 4
Rover File
Shoreline Length
r A
SAV:
Not Sure Yes
Sandbags:
Not Sure � No
PNA:
Yes Adjacent
ORW:
Yes Adjacent
Crit. Hab.
Yes No
Photos
® No
Waiver Required
Yes 62
In DWQ Buffer Area Yes C2
j' Specify DWQ Buffer if applicable:
Restnratinn
NOV Date
/11
CNOV Date
Penalty Assessment
Sent to Respondent Date
Rcvd. by Dist. Mgr. Date
Assessment Extended Yes
Initial Req. Comp. Date
Date Comp. Observed
Penalty
No WiIlfuVlntent.
Continuing
Other
Extension Granted Yes No
Restoration Letter
Acceptance Date
7J.0409 Ref.
Recomm. Assess.
sess.
ss�
DCM As
$
$oe
f O.oeu
$
$
vY
Total
v
P]
4ro 64a-A
T

Formal Assessments, Appeals and Reductions
Date Long Form Submitted
Date Formal CPA Submitted
Final Assessment
Attorney General's Office for Injunction or Formal Collection
Assessment Appealed Yes No
�. I Penalty modified
Date sent to AG ❑ Respondant not responsive to penalty/NOV ❑ Injunction to complete restoration
Date Collection Let. Sent Date Demand Let. Sent
Violation Activities and Impacts
AECs Affected: Wetlands Impacted? Yes / No If yes, which types:
CW EW PTA ES PTS
OEA HHF IH SA DS Cl SY JR LS TY
SS SC SP IF BF 404
PWS: FC:
Other:
Restoration Required by the Respondent Yes / No
Development AcUyi[ies
Dimensions in excess
of permit/ unauthorized activities)
;f Fyn, { �,:v`,'� 'yf'�^
Dimensions to restore
.,.�":: ^ .�s' .31
Final dimensions
allowed
Actually restored
5
y ... "�
I �✓ � '� SPi
?� i Y �5� ''. N i Aq. iii
W d r. 'xa � 1 Al J y
x
i) A I
'� I �SIkf WSU I W.
"7/7 S/ NOV 16 He-
Closing
Payment Received
Date Case Closed

" L -
NCDENR
North Carolina Department of Environment and Natural Resources
Division of Coastal Management
Beverly Eaves Perdue James H. Gregson
Governor Director r RECEIVED
NOTICE OF VIOLATION AUG 0 4 2011
July 28, 2011
DCM-MHD CITY
CERTIFIED MAIL 7010 0290 0003 0834 3837
RETURN RECEIPT REQUESTED
Village of Bald Head Island
c/o Chris McCall, Assistant Village Manager
Po Box 3009
Bald Head Island, NC 28461
Dee Freeman
Secretary
RE. NOTICE OF VIOLATION AND REQUEST TO CEASE UNAUTHORIZED DEVELOPMENT - CAMA
VIOLATION #11-18D
Dear Mr. McCall:
This letter confirms that on July 21, 2011, you, Stephen Boyett with the Village of Bald Head Island and I were onsite
at Groin #16 on West Beach, adjacent to the Atlantic Ocean located in Bald Head Island, Brunswick County, North
Carolina. The purpose of the visit was to investigate continuing erosion at West Beach.
Information gathered by me for the Division of Coastal Management indicates that the Village of Bald Head Island
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 the Village of Bald Head Island has undertaken or is legally responsible for
unauthorized beach bulldozing of an approximately 200' linear foot length on South Beach, from the normal high
water to normal low water lines, at approximately V in depth, with truck hauling of the bulldozed material to Groin #16
at "The Point" area and disposal of said fill material below mean high water at Groin #16. This activity took place in
the Ocean Erodible, High Hazard Flood & Inlet Hazard Areas that are contiguous with the Atlantic Ocean. Ocean
Erodible, High Hazard Flood and Inlet Hazard areas are designated as Areas of Environmental Concern (AEC). No
CAMA permit was issued to the Village 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 and the
State's Dredge and Fill Law.
I request that the Village of Bald Head Island 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.
127 Cardinal Drive Ext., Wilmington, North Carolina 28405-3845 NoC
hCaroha
Phone: [phone]FAX: [phone]Internet: www.nocoastalmanagement.net
An Equal Opportunity 1 Affirmative Action Employer— 50% Recycled 110% Post Consumer Paper

Village of Bald Head Island
c/o Chris McCall, Assistant Village Manager
July 27, 2011
Page 2 of 2
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 (CRC) 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.
The Village of Bald Head Island is also in violation of the State's Dredge and Fill Law which requires a permit from
the North Carolina Department of Environment and Natural Resources before undertaking any excavating or filling in
any estuarine waters, tidelands, marshlands, or state-owned lakes pursuant to N.C.G.S. 113-229. Therefore, I also
request that the Village immediately CEASE AND DESIST such unauthorized activity and contact me about this
matter as well. Violations of the State's Dredge and Fill Act may be enforced by a criminal penalty or a civil action for
damages or an injunction in accordance with N.C.G.S.113-229.
The relevant statutes and regulations are available from this office, and I am willing to assist the Village of Bald Head
Island 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 and submit a site plan identifying the dimensions and locations of the borrow and disposal sites,
including an estimation of the volume of excavated/fill material.
Pending further review of the requested information and consultation with other regulatory and natural resource
agencies, a determination will be made and you will be notified if restoration of adversely impacted coastal resources
is necessary. If restoration of the affected area is requested and when the restoration is completed to the satisfaction
of the Division, the Village of Bald Head Island 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,
6�A�
Heather Coats
Coastal Management Representative
Cc: M. Ted Tyndall, Assistant Director, DCM
Debra Wilson, District Manager, DCM
Roy Brownlow, Compliance Coordinator, DCM
Dave Timpy, USACE
Molly Ellwood, WRC
Chad Coburn, DWQ
127 Cardinal Drive Ext., Wilmington, North Carolina 28405-3845 One
Phone: [phone] FAX: [phone] Internet: www.nccoastalmanagement.net VoCarofina
An Equal Opportunity 1 Affirmative Action Employer— 50% Recycled 110% Post Consumer Paper u ally

DCM ENFORCEMENT TRACKING REPORT
lssugf
Field Rep. �"1i'�Hl� ��g('� y Violation Base No. / i _ I Si
LPO p A113GHl6, B, C Q
Violated Permit No.
LPJ (If applicable)
uoa L t end
Violation Description Was activity permittable? Yes / No
Initial Discovery Date /2i/I I Discovery Method EX0,SJCfJ motJ,T0,12ItJ
Violation Description
Respondent Information
Prior Violations in same AEC: ®/ No „Gese;NURlber , ?y; �'.UTy
Respondent Name(s)
✓I i i-&,e� n
artiJ
t s M c&f 4 - (Landowner/Agent/Contractor)
Address —a &x 30(q
City Rhi7 State-,&L Zip Z&(.l
Phone # 9�0 - 4c��=g7un
Fax #
Email
Violation Type:
Project Type:
Authorizations Required: Site Visits Respondent Site Visits Respondent
No Permit
yMa or
❑ Private/Community L�7 1
Present Present
.1 CAMA
❑ Permit Condition
E'Govt.IPublic
❑ Minor
ry ❑
2r D&F747�-/ 1U'
❑ Expired Permit
❑ Commercial
❑ General
-"wi-"'i'-` ❑
❑ Inconsistent w/ Rules
❑ ❑
Violation Location and Site Description d 0 f 021111
Project Location: County BE d N(M l [.Ae--
Street Address/ State Road/ Lot #(s) _ SDL)TH � Wt&A TT ttu
r)t 9*L o ft-&7� tst-R-No
City L3f i ZIP U4(01
Phone # (_) River Basin C AK flF q2
Adj. Wtr. Body —A—, c- 0cwt J rf�ti /man /unknl
Closest MAa' Wtr, Bod TLYtrm(1 ACe�rN
Rover Flle rtf/
Shoreline Length r —A
SAM Not Sure Yes
Sandbags: Not Sure � No
PNA: Yes Adjacent
ORW: Yes Adjacent
Crit. Hab. Yes No
�I Photos No
Waiver Required Yes
In DWQ Buffer Area Yes C7
J Y
Specify DWQ Buffer if applicable:
Restnratinn
NOV Datef1L
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
Other
Extension Granted Yes No
Restoration Letter
Acceptance Date
71.0409 Ref.
Recomm. Assess.
DCAssess.
$
$
S
Is
$ j
$
$
$
f
f
Total
4e

Formal Assessments, Appeals and Reductions
Date Long Form Submitted Assessment Appealed Yes No
Date Formal CPA Submitted
❑ Penalty modified
Final Assessment S Data
Attorney General's Office for Injunction or Formal Collection
Date sent to AG ❑ Respondant not responsive to penalty/NOV ❑ Injunction to complete restoration
Date Collection Let. Sent Date Demand Let. Sent
Violation Activities and Impacts
AECs Affected:
CW EW PTA ES PTS
OEA HHF IH
PWS: FC:
Other:
Restoration Required by the Respondent Yes / No
Wetlands Impacted? Yes / No If yes, which types:
SA IDS Cl SY 1R LS TY
SS SC SP IF BF 404
Dimensions in excess_
of permit) unauthorized activities
Dimensions to restore
Final dimensions
allowed
Actually restored
Developmedt Activities
' .''Ka ,
s.
i
HatitaCDescnptio
i
NOTES:
Closing
Payment Received S Date Date Case Closed

A&7
NCDENR
North Carolina Department of Environment and Natural Resources
Division of Coastal Management .
Beverly Eaves Perdue
Dee Freeman
Governor
Secretary
September 8, 2011
Village of Bald Head Island
c/o Chris McCall
PO Box 3069
Bald Head Island, NC 28461
RE: NO RESTORATION REQUIRED—CAMAVIOLATION.#11••18D
Dear Mr. McCall:
" l'snetfi T_isin �efe�ence la the Notice of Giolation # 11=18D "sent to you dated July 28, 2011 for the unauthorized
beach bulldozing on South Beach, from the normal low to normal high water lines, at approximately 1' in depth, with
truck hauling of the bulldozed material to Groin #16 at "The Point" within the Ocean Erodible, High Hazard Flood and
Inlet Hazard Areas of Environmental Concern (AECs) in or near the Atlantic Ocean. The violation took place at South
Beach and the area known as "The Point" off of South Bald Head Wynd in or near the community of the Village of
Said Head Island in Brunswick County, North Carolina: This unauthorized activity constituted development and the
Village of Bald Head Island was isquested to submit a site plan for restoration. In accordance with the North Carolina
Administrative Code, Tide 15A, Subchapter 710410, any violation involving development which is inconsistent with
guidelines for development within Areas of Environmental Concern (AEC) must be corrdcted by restoring the project
site to pre -development conditions to recover lost resources orto prevent further resource damage.
A site visit was conducted by myself, Molly Ellwood, of the NC Wildlife Resources Commission and Stephen Boyett of
the Village of Bald Head Island at the aforementioned location on September 1, 2011 to inspect current site
conditions in regards to the unauthorized activity addressed in the Notice of Violation 11-18D. Based on this
inspection and in consultation with the NC Wildlife Resources Commission, US Army Corps of Engineers, and US
Fish &Wildlife Service, it was detefmined that the recent effects of Hurricane Irene have redistributed the bulldozed
material to the extent that restoration of the site is not necessary. Upon my submission of an enforcement report,
you will be notified as to the amount of the civil Aerially for undertaking this unauthorized activity within an Area of
Environmental concern.
Thank you for your attention and cooperation in this matter. If you have any questions pertaining to this matter,
please feel free to call me at [phone].
Sincerely,
r
Heather Coats
Coastal Management Representative
Cc: Ted Tyndall, Assistant Director, DCM
Debra Wilson, District Manager, DCM
Roy Brownlow, Compliance Coordinator, DCM
Molly Ellwood, WRC
Dave Timpy, ACE
127 Cardinal Drive Ext., Wilmington, Nath Carolina 28405.3845
Phone: [phone]WFAx: 91"95.396411ntemet www.nccoastalmanagemanl.net
NiO hCarolina

Tyndall, Ted
From:
Coats, Heather
Sent:
Thursday, August 25, 2011 11:35 AM
To:
Tyndall, Ted
Subject:
timeline
Attachments:
Bald Head NOV Timeline.doc
Hi Ted,
I meant to give this to you yesterday, but forgot in all the excitement of the meeting.
I didn't really get a chance to talk to you yesterday- but I hope you are doing well. Please let me know if you have any
questions about this. I have been waiting to receive written comments from the ACE (w/ FWS) and WRC before issuing a
formal restoration plan, but I have yet to see anything and would like to get them going on the restoration work. What
are your thoughts on sending out an acceptance of their restoration plan (to spread out remaining pile of sand in place,
using hand tools only) based on verbal approvals from the other agencies?
Heather
Heather Coats, Field Representative
NC Division of Coastal Management
127 Cardinal Drive Extension
Wilmington, NC 28405-3845
[phone] Fax [phone]
Toll free:1-888-912-CAMA
E-mail: [e-mail]
6,A Be Green —Don't print this e-mail unless required.
P-mail correspondence. to anddiam this address maY be ,u6ject to the Norili C:u-oliu:i Public Records I: nip uld may be disdo ed to
third pinties.

Bald Head NOV Timeline
7/6/11- Site visit to BHI with Doug and Molly Ellwood to review current site conditions as it pertained to
their sandbag revetment request. Extension of Groin #16 was in progress during this site visit.
7/14/11- According to Chris McCall, the unauthorized sand pushing commenced on the 14th. I visited
the island to monitor erosion at Groin #16 the morning of the 14th. I did observe tracks at the groin, but
presumed they were the result of groin extension construction. Groin extension was complete and no
work was observed during my visit.
7/21/11- Visited the site again to monitor ongoing erosion with Chris McCall and Stephen Boyett. Large
pile of sand now present at Groin #16 which had not been there the week before with evidence of
equipment tracks. Stephen Boyett and Chris McCall stated that the Village had been beach bulldozing
sand from the low water line at another point along the beach and had been trucking bulldozed sand to
Groin #16 to fill in eroding area behind the groin at low tide. We then visited the "borrow area", where I
witnessed the remains of a large pile of bulldozed sand that had not yet been transported to Groin 16
area. Chris McCall stated he was under the impression that the beach bulldozing was covered under
their existing Major Permit #67-09, as discussed in our meeting with Jim and the Village on June 7
(USAGE, Village mayor, Andy Sayre; Village counsel, Thomas Varnum; Suzanne Dorsey with BHI
Conservancy, and 2 members of the Village Shoreline Protection Committee were also present). I
explained that as I recollected the meeting, it was clearly stated that beach bulldozing would require a
minor modification of the permit. I told Chris at this time that the Village needed to immediate stop
work and asked that he provide me with an estimate of how much material had already been moved.
Upon speaking with Jim, he confirmed that the Village was told that any proposed beach bulldozing
would require a minor mod of their permit. I was later told that Thomas Varnum (Village counsel) also
had recorded in his meeting notes that beach bulldozing would require a modification.
7/22/11- Further discussion with Jim regarding issuance of an NOV for unauthorized work. Jim said to
speak with Roy first. Chris McCall emails to ask if they can move remaining sand pile to Groin #16. He
was directed to continue to cease all work and leave the sand pile in place until we could coordinate
with agencies. Spoke with Molly Ellwood (WRC) regarding unauthorized work.
7/25/11- Debbie, Tara, Molly Ellwood of WRC and I speak with Roy. Roy states that he is of opinion that
NOV should be issued, but needs to consult with you. Debbie, Tara, and I later speak with you and Roy.
You confirmed determination that NOV should be issued for unauthorized work, but would like to
confirm with Jim. Receive call from Roy later to proceed with issuance of NOV- to be issued as
restoration pending (pending review of WRC & ACE for any requested restoration). I believe I contacted
Dave Timpy after we spoke to inform him of the work on the island.
7/27/11- NOV drafted for review by Debbie and Tara, then sent to you and Roy for review. Edits
requested.
7/28/11- NOV completed.

7/29/11- CRC Meeting in MHC for BHI sand revetment variance request. Planned on hand delivering
NOV, but Chris did not attend meeting. Not able to reach Chris McCall by phone, so we held off on
mailing NOV.
8/1/11-Spoke to Chris and mailed NOV.
8/2/11- Met on site with Calvin Peck, Chris McCall, Stephen Boyett, Molly Ellwood, Dave Timpy, Dale
Beter (ACE), & Suzanne Dorsey (BHI Conservancy) regarding revetment request and unauthorized work.
Suzanne Dorsey offered to find volunteers to spread out sand in place by hand, without use of
equipment. ACE requested the Village submit their sandbag request and restoration plan in writing.
8/3/11- Village submits restoration plan and proposed mod request. Verbally request written comments
from WRC, ACE & USFWS (via ACE).
8/12/11- No response from USACE & FWS. No written Emailed John. Ellis (USFWS), Dave Timpy
requesting written comments regarding acceptability of Village restoration plan. Molly Ellwood states
that she will send comments on 8/15.