17-06D Village of Bold Head Island

Coastal Management
ENVIRONMENTAL QUALITY
NOTICE OF VIOLATION
May 4, 2017
CERTIFIED MAIL 7011 2000 0002 2767 8937
RETURN RECEIPT REQUESTED
Village of Bald Head Island
c/o Mr. Chris McCall
Post Office Box 3009
Bald Head Island, NC 28461
RE: VIOLATION(S) OF CAMA MAJOR DEVELOPMENT PERMIT NO.139.10
CAMA VIOLATION #17-06D
Dear Mr. McCall.
ROY COOPER
sovemor
MICHAEL S. REGAN
seawwy
BRAXTON C. DAVIS
D1rWW
RECEIVED
MAY 11 2017
DCM- MHD CITY
This letter confirms that on April 10, 2017, the Division of Coastal Management received a post -construction survey for
dredging of Bald Head Creek Shoals, which was conducted by Marcol Dredging and Commercial Marine Co., 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 NC Division of Coastal Management shows that the Village of Bald Head Island
and Marco[ Dredging and Marine Co. have violated the terms or conditions of CAMA Major Development Permit No.
139-10 which was issued by the Coastal Resources Commission and the North Carolina Department of Environmental
Quality.
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 Creek Shoal to -7.81 feet NGVD29 for beach nourishment adjacent to Bald
Head Creek and the Atlantic Ocean within the Ocean Hazard, Estuarine Water and Public Trust Areas of Environmental
Concern (AECs) in Brunswick County, North Carolina. On January 5, 2012, the permit was modified to allow for
dredging 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 Creek Shoal Borrow site indicating that the authorized depths and borrow area limits
were both exceeded.
The permit modification 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
9107967215

Village of Bald Head Island
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 occurred outside of the approved Bald Head Creek Borrow Area.
If the terns and conditions of a permit are not complied with, the permit is null and void from the date of its issuance.
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.113A-126.
It is the policy of the Coastal Resources Commission to levy a civil assessment not to exceed $10,000 plus investigative
costs against all violations. This is done to recoup some of the costs of investigating violations and/or to compensate
the public for any damage to its natural resources. Whether a higher amount will be assessed depends on several
factors, including the nature and area of the resources that were affected and the extent of the damage to them.
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. The Village 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.
Since ply,
Tea t�fac hersOia
Coastal Management Rtive
Cc: Debra Wilson, District Manager, DCM
Roy Brownlow, Compliance Coordinator, DCM
Ronnie Smith, USACE
Ken Riley, NOAA
Chad Coburn, DWQ
ENCLOSURE
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

CM ENFORCEMENT TRACKING REPORT
Ki&
liance ._p i
�Y.� A � tad A���ti ■
Violation Description
Initial Discovery Date `
Violation Description
Respondent Name(s)
Address
Phone #
Discovery Method
or
CRY
Fax #/Email
Violation Case No. L-rN/^.,/0 Lo
[.� Permit No. 1 ,—to
(if applicable)
Was activity permittable? Yes / No
State Zip a&qu'
Corporate Name & Registered
agent
Violation Type:
Project Type:
Authorizations Required:
siteVisits Respondent
Site Visits Respondent
No Permit
�41Private/Corrmunity
Xylakjor
*CAMA
Present
Present
Condition
� Govt./Public
� mnor
(VD&F
"C
�
El
El
Expired Permit
F] commercial
General
Q inconsistent w/Rules Tier Level: 1 II
III
II
Violation Location and Site Description
Project Location: County ?a _
StreetAddress/Sta Road/Lot#(s)
!M ilk 14.12LA.0
Subdivision
City ZIP
Phone # ( _)... River Basin
Adj. Mr. Body an/unlm)
ClosestMWj. Mr. Body
NOV Date Initial Req. Comp. Date
T
CNOV Date Date Comp. Observed
Penalty Assessment
Sent to Respondent Date
Rcvd. by Dist. Mgr. Date
Assessment Extended Yes No
Lat/Long
RECEIVED
Shoreline Length
SAV: Not Sure
Yes
No MAY 11 2011
Sandbags: Not Sure
Yes
No
PNA:
Yes
No Adjacent
ORW.
Yes
DCWwnMHD CIT
Crit.Hab.
Yes
No
Photos Yes No
WaiverRequired Yes No
In DAQ BufferArea Yes No
Specify DWQ Buffer it applicable _
Extension Granted Yes No
Restoration Letter
Acceptance Date
710409 Ref.
Recomm. Assess.
DCM Assess.
$
$
$
$
--
$
$
L Total
r% / /
. t,

Formal Assessments, Appeals and Reductions
Date Long Form Submitted AssessmentAppealed: Yes No
Date Formal CPA Submitted 0. Penalty modified
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 ActNties and Impacts
AECsAfffeectedd: Wetlands Impacted? Ye /No If yes, which types:
4 E9/ � TA UBA N/A SA DS CJ SY JR LS TY
�PV�S FC: Ss sc SP IF BF 404
Other:
Restoration Required by the Respondent Ye / No
Dimensions in excess Dimensionstorestore Final dimensions Actuallyrestoted
of perm it/ unauthorized activities I allowed
NOTES:
Closing
Payment Received $ Date . Date Case Closed

a
Coastal Management
ENVIRONMENTAL QUALITY
June 5, 2017
CERTIFIED MAIL 7011 0110 0000 99471768
RETURN RECEIPT REQUESTED
Village of Bald Head Island
c/o Mr. Chris McCall
Post Office Box 3009
Bald Head Island, NC 28461
RE. CAMA VIOLATION #17-06D
Dear Mr. McCall:
ROY COOPER
Governor
MICHAEL S. REGAN
secretary
BRAXTON C. DAVIS
Director
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 the Village of Bald Head Island 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 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 $1104 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 $1104 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 the Village of Bald Head Island.
You will then have the opportunity to request a hearing on the penalty or request settlement of the penalty.
RECEIVED
JUN 0 8 2017
State of North Carolina I Environmental Quality I Coastal Management Q)P M_ M H D CITY
Wilmington Office 1 127 Cardinal Drive Extension I Wlimington. North Carolina O
%07%7215

Village of Bald Head Island
June 5, 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, DWQ
Ken Riley, NOAA
National Marine Fisheries Service
Habitat Conservation Division
101 Pivers Island Road,
Beaufort, NC 28516-9722
RECEIVED
JUN 0 8 2017
DCM- MHD CITY
State of North Carolina I Environmental Quality I Coastal Management
Wilmington Office 1 127 Cardinal Drive Extension I Wilmington. North Carolina 28405
9107%7215

CAMA VIOLATION #17-06D
Village of Bald Head Island
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 $1104 against the Village of Bald Head Island for violation of the Coastal Area
ManagementAct, NCGS 113A-100 et seg, 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 the Village of Bald Head Island, as described in the Notice of Violation letter
dated May 4, 2017, and agree to pay the proposed civil assessment of $1104.
DATE SIGNATURE
ADDRESS
TELEPHONE NUMBER
RECEIVED
JUN 0 8 20W
DCM- MHD CITY
State of North Carolina I Environmental Quality I Coastal Management
Wihington Office 1 127 Cardinal Drive Extension I Wilmington North Carolina 28405
910 796 7215

dV DCM ENFORCEMENT TRACKING REPORT
suer
Violation Case No. I ^ O
Field Rep. �-F,
it m❑���
cc
pliance Rep. Permit No.
LPO (if applicable)
LPJ
Violation Description was activity permittable? Yes / No
Initial Discovery Date l� I � Ds1.�/`,lT(
coveryMetho'd•,��p�� „t/�\p� �j v
J
++f
Violation Description i:&J 6 D DA n a �,�I% (JI �/ u/ 4
City
State zip
• [. `Fax #lErnail
Corporate Name & Registered agent
Violation Type:
Project Type:
Authorizations Required:
Site Visits Respondent
Site Visits Respondent
No Permit
Private/Community
Xwjor CANIA
Resent
Present
Permit Condition
Govt./Public
Minor c7j< D&F
�;. Expired Permit
�,. Commercial
General
Ei.
Inconsistentw/Rules
Tier Level: 1 11
III
Violation Location and Site Description
Project Location: County �/_
StreetAddress/ Stag Road/ Lot #(s)
Subdivision
City ZIP
Phone # ( _).. River Basin
Adj. Mr. Body . an /unlm)
ClosestMaj. Wtr. Body
NOV Date ✓J !T Initial Req. Comp. Date
CNOV Date Date Comp. Observed
Penalty Assessment
Sent to Respondent Date` APp /Permtit Fee
Penalty
Rcvd. by Dist. Mgr. Date
Assessment Extended Yes No Wilful/Intent.
Continuing
lot
Lat/Long
Shoreline Length
SAV: Not Sure Yes No
Sandbags Not Sure Yes No
PNA: Yes No Adjacent
ORW RECEWED
Crit. Hab. Yes No
Photos JON 012017
WaiverRequired Yes No_.,.
In DNA Bu ferAma QBu ff- Yes
SpecifyCITY
Specify DVVQ BuffeO__
Extension Granted Yes No
Restoration Letter
Acceptance Date
7J.0409 Ref.
Recomm. Assess.
DCM Assess.
$
$
is
is
Total
_
IF 0
�,� — \\nv��5� ��I$, e5 S�
amo/n n _ � 5

Formal Assessments, Appeals and Reductions
T.
Yy
Y
Date Long Form Submitted
Date Formal CPA Submitted
Final Assessment$ Date
Attorney General's Office for Injunction or Formal Collection
Assessment Appealed: Yes No
❑ Penalty modified
Date sent to AG Respondent not responsive to penalty/NOV Injunction to complete restoration
Date Collection Letter Sent Date Demand Letter Sent
Violation Activities and Impacts
AECs Affected: �..�'''�
CEPIFe ES PTA
E F UBA N!A
Restoration Required by the Respondent
lions n excess
authorized activities
NOTES:
Wetlands Impacted? Ye / No
SA DS CJ SY JR
sS SC SP IF BF
Dimensionsto restore
allowed
If yes,whichtypes:
LS TY
404
Actually restored
RECEIVED
D .M- MHD CITY
Closing
Payment Received$
Date
Date Case Closed

Coastal Management
ENVIRONMENTAL QUALITY
June 21, 2017
Village of Bald Head Island
c/o Mr. Chris McCall
PO Box 3009
Bald Head Island, NC 28461
ROY COOPER
Govemor
MICHAEL S. REGAN
Secretary
BRAXTON DAVIS
Director
RECEIVED
JUN 2 7 2017
DCM- MHD CITY
RE: Village of Bald Head Island Closure Letter
Payment of Penalty for Violations of the Coastal Area Management Act,
Committed in Brunswick County
CAMA Violation #17-06D
Dear Mr. McCall:
This letter will acknowledge receipt of your check (no. 61280), in the amount of $1104.00 for the Notice
of Violation dated May 4, 2017, for the violation of terms or conditions of State Permit No. 139-10,
located near Bald Head Creek and the Atlantic Ocean in or 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,
10 0
Debra D. Wilson
District Manager
DDW/sks
cc: Roy Brownlow, Compliance Coordinator
Tara MacPherson, Coastal Management Representative, DCM
State of North Carolina I Environmental Quality I Coastal Management
127 Cardinal Drive Ext , Wilmington, NC 28405
910-7%-72I5

CAMA VIOLATION #17.06D
Village of Bald Head Island
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 $1104 against the Village of Bald Head Island for violation of the Coastal Area
ManagementAct, NCGS 113A-100 et sec, 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 the Village of Bald Head Island, as described in the Notice of Violation letter
dated May 4, 2017, and agree to pay the proposed civil assessment of $1104.
q TvN 2®r7
DATE
SIGNATURE
.. ?. O, six Sao 5
ADDRESS
R4LD 644i40 XSLA-40 pre- 2-k-141
q[o . qS-7.9700
TELEPHONE NUMBER
RECEIVED
JUN 212017
DCM- MHD CITY
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
RECEIVED
DCM WILMINGTON. NC

CM ENFORCEMENT TRACKING REPORT
Initial Discovery Date LF
Violation Description
Respondent Nam
Corporate Name & Registered agent
Permit No. 1 r`v
(if applicable)
State -,Zip t3 I
Violation Type:
Project Type:
Authorizations Required:
SlteVisits Respondent
SdeVisits Respondent
No Permit
Private/Community
XMajor �<CAMA
Resent
Resent
Permit Condition
Govt./Public
Minor (wD&F
❑; Expired Permit
Q Commercial
General
Q inconsistent w/Rules
Tier Level: I II
III
0
I]
Violation Location and Site Description
LaULong
"�"-���^',�('�
Project Location: County ya�`\ �
�
'`-'t—_ ShoielineLength
S/t�re�etAddrless/Sta Road/ Lot #(s)
SAV: Notsure Yes
No
Sandbags Not Sure Yes
No
3-UbdNISIOn ,,,---!!!•KK YK FV
PNA: Yes
No Adjacent
ORW. Yes
No Adjacent
City ZIP
Crit. Hab. Yes
No
Phone # ( _)_. .River Basin
J
photos Yes
No
Adj. Mr. Body
an/unlm) WaiverRequired Yes
No
- In D\UQ BufferArea Yes
No
Closest Maj. Mr. BodyPAAO�Specify
DVKl Buffer if applicable:
Restoration
�, f
Extension Granted
Yes No
NOV Date ! `7If
CNOV Date
Penalty Assessment
Sent to Respondent Date
Rcvd. by Dist. Mgr. Date
Assessment Extended Yes No
Initial Req. Comp. Datep 1
Date Comp. Observed C��
J U N
Penalty
vvttltuvmtent.
CP
Restoration Letter
Acceptance Date
7 . 9 Ref.
Recomm Assess.
DCM Assess.
$
$
$Lil$
$
$
Total
1
��V-

Formal Assessments, Appeals and Reductions
`i'1I
Date Long Form Submitted
Date Formal CPA Submitted
Final Assessment$ Date
Attorney General's Office for Injunction or Formal Collection '
AssessmentAppealed:Yes No ,
Q. Penalty modified
Date sentto AG Q Respondent not responsive to penalty/NOV Injunction to complete restoration
Date Collection Letter Sent Date Demand Letter Sent
Violation Activities and Impacts
AECsAffecttedd: Wetlands Irpacted?Ye !No Ifyes,whichtypes:
TA FC: UBA WA SS SC SP IF BF 404 l7
Other.
Restoration Required by the Respondent Ye:
�mensionsmexcess Dimensionsto restore
it/ unauthorized activities
TOYMP
allowed
Actually restored
Closing / t I I /•per
Payment Received $ %f% 1 �• I Date`"' I Date Case Closed �. �'V