13-21D Duncan Marine Contractors

• r
NCDENR
North Carolina Department of Environment and
Division of Coastal Management
Pat McCrory Braxton C. Davis
Governor Director
CERTIFIED MAIL 7011 0110 0000 9947 2222
RETURN RECEIPT REQUESTED
October 25, 2013
Duncan Marine Contractors, Inc.
Mr. Charles Duncan
2728 North 23rdStreet
Wilmington, NC 28401
RE. NOTICE OF FAILURE TO APPLY FOR CAMA PERMIT
CASE # 13-21 D
Dear Mr. Duncan:
Natural Resources
John E. Skvada, III
Secretary
OCT 2 9 2013
DCMMHDCrrV
This letter confirms that on October 23, 2013, Robb Mairs was onsite at property located adjacent to Sand Dollar Shores, off
of the Atlantic Intracoastal Waterway (AIWW)/Masonboro Sound, located in Wilmington, New Hanover County, North
Carolina. The purpose of the visit was to monitor development of an unauthorized floating structure (barge) for which
Duncan Marine Contractors is legally responsible. On September 14, 2013 a Letter of Concern was issued to Duncan
Marine Contractors, Inc regarding this unauthodzed floating structure. This letter also confirms your October 6, 2013 phone
conversation with Robb Mairs and our October 21, 2013 phone conversation regarding this matter.
Information gathered by me shows that you are undertaking major development and no CAMA Major Development Permit
has been issued for this development activity. No person or entity may undertake major development in a designated Area
of Environmental Concern without first obtaining a permit from the North Carolina Department of Environment and Natural
Resources, North Carolina General Statutes (N.C.G.S.)113A-118.
I have information that you undertook, or are legally responsible for, major development by placement of an unauthodzed
floating structure (barge) adjacent to the aforementioned property within the AIWW/Masonboro Sound. The placement of
this structure and associated moorings is development and requires CAMA permits. This structure is located in the
Estuadne Water and Public Trust Areas of Environmental Concern, which are also designated as Primary Nursery Area by
the N. C. Division of Marine Fisheries. It also appears that this structure is partially located within existing coastal wetlands.
Unauthorized floating structures are not allowed in Estuarine Waters or Public Trust Areas, therefore, you are requested to
remove the unauthorized floating structure and associated mooring or relocate it to a permitted marina. Based on our
observations this structure is being used for commercial purposes and has been in place since August 2, 2013 (over 30
days).
You are hereby requested to CEASE and DESIST UNAUTHORIZED WORK immediately. Continuation of unauthodzed
development after receipt of this Notice may constitute a violation of the Act and you may be subject to civil and/or criminal
penalties as provided by North Carolina General Statute (NCGS) 113A-126. 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 besought to enforce any violation in accordance with NCGS 113A-126.
127 Cardinal Drive Ext., Wilmington, North Carolina 28405-3845
Phone: [phone]\ FAX: [phone] \ Internet: www.n000astalmanagement.net
An Equal Opportunity \ Affirmative Action Employer— 50% Recycled \ 10% Post Consumer Paper

Duncan Marine Contractors, Inc.
Mr. Charles Duncan
October 25, 2013
Page 2 of 2
In this case, there will be no assessment levied against you if the unauthorized floating structure is removed within 14 days
from the date of this letter. However, if you continue to violate the Coastal Area Management Act, you should consider
yourself forewarned and expect a civil penalty to be levied against you consistent with the North Carolina Administrative
Code, Title 15A, Subchapter 7J, Section .0409, as adopted by the Coastal Resources Commission.
Thank you for your time and cooperation in resolving this important matter. 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 STOP WORK ORDER has been complied with.
Sincerely,
Tara MacPherson
Compliance and Enforcement Representative
Division of Coastal Management
Cc: Debra Wilson, District Manager, DCM
Roy Brownlow, Compliance and Enforcement Coordinator, DCM
Tier 1
UMTVED #
OCT 2 9 2013
DCM-MMCITS'
127 Cardinal Drive Ext., Wilmington, North Carolina 28405-3845
Phone: [phone]\ FAX: [phone] \ Internet: www.nccoastalmanagement.net
An Equal Opportunity \ Affirmative Action Employer — 50% Recycled \ 10% Post Consumer Paper

DCM ENFORCEMENT TRACKING REPRTcsiv�n
i"'�► Issuer Viol�tio@&Je218
Field Rep.
1H 2fPS'
(if applicable)
Was activity permittable? Yes /
Initial Discovery Date
Violation f)escription
Respondent Informs ion Prior CAJAA or D!F V olat' s: Yes / No Prjo CM(vAase No:
Respondent Name(s) (Landowner/ ent/ of
Address. V Crty 1 State. Zip
Fax #/Email 4
Violation Type: Project Type: Authorizations Required: Site Visits Respondent Site VIsfts Respondent
Pres nt PreseQQQQt
No Permit 0.. Pdvate/Community �Ma)or &LAMA a,
Permit Condition Govt./Public U Minor D&F t
f
QExpired Permit MCommemial General
Q Inconsistent w! Rules Tier Level:n II III Q
T
Violation Location and Site
hDessctrip`tio�tn�j LaULong _
Project Location: County T 1 �1C,.ty \ 1L1�r b�C.JI Shoreline Length._
Street Address/ State Road/ Lo s) SAV: Not sure Yes
AA A t al Sandbags: Nat Sure Yes
Subd visi PNA: Yes Ng Adlacenj
ORW + • Yes, No Adjacent .,
CRYZIP f
. 1. t4dltlt Rpb� l ' ,�Y •~'Yes
Phone#( _). River Basin Photos t , Yes• flo. ,
iJAIWarverFFequVed' Y a•
-Adj. Wtr, Body a man'/urikn , , . j e
• <, �. r r.• _ In DWQ Buffer Area
Closest Maj. Wtr. Body
Specify DWQ Buffer if applicable:
Restoration, 1, '�
1 1 Extension Granted Yes No ,
NOV Date t
CNOV Date
Penalty Assessment
Sent to Respondent Date
Rcvd. by Dist. Mgr. Date
Assessment Extended Yes
Initial Req. Comp. Date
Date Comp. Observed
App./PennR Fee
Penalty
WiIRuUlntent.
No
Continuing
Restoration Letter
Acceptance Date
7J.0409 Ref.
Recomm Assess.
DCM Assess.
S
$
is
s
Total

Formal Assessments, Appeals and Reductions
Date Long Form Submitted . Asses$m@ Appealed: Yes No
Date Formal CPA Submitted.. '
` Penalty modified
Final Assessment$ Date
Attorney General's Office for Injunction or Formal Collection
Datd sl njto AS".� � ' ,N .. � y°". � _El Ree;;Oondent•riot responsive to penalty/NOV Injunctionto complete restoration
Date Collecttprj Letter $ent � Pd ' `y r Datebemand`Lejtt r••sehf ,
Violation Activities ano Impact ' �' s,•'
AECs ed;Wetlands Impacted? Yes / No . If yes, which types:
.PT ES 'PTS _ _
t • t. �{{F ! UBA - N/A SS' DC' - SP . IF BF 404- . -TM
PWS: FC: � �°
Other: --- - -- — ��.
frf�?aM:f Ptta9s:�.JPIP° cd k a g' Cr Nw k a" ?� C r
NOTES:
OCT 2 9 2013
DC.M-MKDCITY
Closing
Payment Received $ Date Date Case Closed

4
NCDENR
North Carolina Department of Environment and Natural Resources
Division of Coastal Management
Pat McCrory
Governor
Duncan Marine Contractors, Inc.
c/o Mr. Charles Duncan
2728 North 231d St.
Wilmington, NC 28401
Subject: Letter of Concern
Dear Mr. Duncan:
Braxton C. Davis
Director
December 16, 2013
John E. Skvada, III
Secretary
RECEIVED ,
DEC 19 2013
DCMMHDCITY
This letter is in response to complaints our office has received regarding an unauthorized floating structure (barge),
for which Duncan Marine Contractors Inc. is legally responsible, located adjacent to Inlet Watch, off of the Atlantic
Intracoastal Waterway (AIWW)/Mydle Grove Sound, in Wilmington, New Hanover County, North Carolina. This
structure is located in the Estuarine Water and Public Trust Areas of Environmental Concern, which are also
designated as Primary Nursery Area by the N. C. Division of Marine Fisheries. Based on our observations this
structure is being used for commercial purposes and has been in place since November 4, 2013 (over 30 days).
The placement of these structures and associated moorings are development and require CAMA permits. This
development activity is taking place in Estuarine Water and Public Trust Areas that are contiguous with Myrtle Grove
Sound. Estuarine Water and Public Trust Water areas are designated as Areas of Environmental Concern (AEC).
No permit was issued to you for development in these areas. Floating structures are not allowed in Estuarine Waters
or Public Trust Areas except in permitted marinas, therefore, you are requested to remove the unauthorized floating
structure and associated mooring or relocate it to a permitted marina.
Continued non-compliance may result in formal enforcement action by this Division. A site inspection will be made to
determine whether this request has been complied with. Please contact the Division of Coastal Management
regarding this matter. 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. 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].
SincereXclio
/Tara Mn
Compliance and Enforce Representative
Cc: Debra Wilson, Wilmington District Manager, DCM
Roy Brownlow, Compliance and Enforcement Coordinator, DCM
Inlet Watch, Troy Moore
127 Cardinal Drive Ext., Wilmington, North Carolina 28405-3845
Phone: [phone]\ FAX: [phone] \ Internet: www.nocoastalmanagement.net
An Equal Opportunity \ Affirmative Action Employer