14-01D Duncan Marine Contractors Inc

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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 23b St.
Wilmington, NC 28401
RE. COMPLIANCE ACCEPTANCE #14-01D
Dear Mr. Duncan:
Braxton C. Davis
Director
February 11, 2014
e
John E. Skvada, III
Secretary
This letter is in reference to the letter sent to you by Tara MacPherson dated January 10, 2014 for failure to obtain a
CAMA development permit for placement of an unauthorized floating structure (barge) within the Estuarine Water and
Public Trust Areas of Environmental Concern (AEC). The barge is located adjacent to Inlet Watch, off of the Atlantic
Intracoastal Waterway (AI"/Myrtle Grove Sound in Wilmington, New Hanover County, North Carolina.
This unauthorized activity constituted development and you were requested to remove the unauthorized floating structure
and associated mooring or relocate it to a permitted marina. No person may undertake development in a designated Area
of Environmental Concern without first obtaining a permit or authorization from the North Carolina Department of
Environment and Natural Resources, North Carolina General Statutes (N.C.G.S.) 113A-1 18.
DCM Staff conducted a site visit on February 7, 2014 to inspect the unauthorized activity addressed in the Notice of
Failure to Apply for a CAMA Permit No.14-01 D. Based on this inspection restoration has been accomplished to the
satisfaction of the Division.
Please be advised that this determination only applies to the activity described herein. Any other work you propose within
the Estuarine Water and Public Trust Areas will require an evaluation by this office for any CAMA Permit requirements
before commencing work. Thank you for your attention and cooperation. If you have any questions pertaining to this
matter, please feel free to call me at 910-796-7425.
Sincerely,
Debra Wilson
District Manager, DCM
Tm/Dw
Cc: Roy Brownlow, Compliance Coordinator, DCM
Robb Mairs, Coastal Management Representative, DCM
Patricia Roberts, LPO
Troy Moore, Inlet Watch Marina
127 Cardinal Drive Ext., Wilmington, North Carolina 28405-3845
Phone: [phone]FAX: [phone]Internet: www.ncooastalmanagement.net
An Equal Opportunity 1 Affirmative Action Employer- 60% Recycled 110% Post Consumer Paper
RECEIVED
FEB 18 2014
Dcnt-m m CITY

North Carolina
Pat McCrory
Govemor
Ad, iQ
NCDENR
Department of Environment and Natural Resources
Division of Coastal Management
CERTIFIED MAIL 70110110 0000 9947 2536
Duncan Marine Contractors, Inc.
c/o Mr. Chades Duncan
2728 North 231d St.
Wilmington, NC 28401
Braxton C. Davis John E. Skvada, III
Director Secretary
January 10, 2014
Subject: NOTICE OF FAILURE TO APPLY FOR CAMA PERMIT
CASE #14-01 D
Dear Mr. Duncan:
RECEIVED
JAN 16 2014
DCM-MfWCIT'y
This letter confirms that on January 7, 2014, Robb Mairs observed an unauthorized floating structure (barge), for
which Duncan Marine Contractors Inc. is legally responsible while conducting routine aerial surveillance. The barge
is located adjacent to Inlet Watch, off of the Atlantic Intracoastal Waterway (AIWW)/Myrtle Grove Sound, in
Wilmington, New Hanover County, North Carolina. On December 14, 2013 a Letter of Concern was issued to
Duncan Marine Contractors, Inc regarding this unauthorized floating structure. This is the second attempt to resolve
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.) 11 3A-1 18.
I have information that you undertook, or are legally responsible for, major development by placement of an
unauthorized floating structure (barge) adjacent to the aforementioned property within the AIWW/Myrtle Grove
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 Concem, which are also
designated as Primary Nursery Area by the N. C. Division of Marine Fisheries. 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 November 4, 2013 (over 60 days)).
You are hereby requested to CEASE and DESIST UNAUTHORIZED WORK immediately. Continuation of
unauthorized 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
127 Cardinal Drive Ext., Wilmington, North Carolina 28405-3845
Phone: [phone] FAX: [phone]Internet: www.ncooastalmanagement.net
An Equal Opportunity 1 AiprmaGve Adon Employer

Duncan Marine Contractors
January 10, 2014
Page Two
an additional assessment of $10,000. An injunction or criminal penalty may also be sought to enforce any violation in
accordance with NCGS 113A-126.
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,
lGZE� /
Tara MacPherson
Compliance and Enforcement Representative
Division of Coastal Management
Cc: Debra Wilson, Wilmington District Manager, DCM
Roy Brownlow, Compliance and Enforcement Coordinator, DCM
Robb Mairs, Field Representative, DCM
Patricia Roberts, LPO, New Hanover County
Inlet Watch, Troy Moore
127 Cardinal Drive Ext., Wilmington, North Carolina 28405-3845
Phone: [phone]\ FAX: [phone] \ Internet: www.n000astalmanagement.net
An Equal Opportunity \ Affirmative Action Employer

DCM ENFORCEMENT TRACKING REPORT
RECEIM
`, Issuer Violon Case No.
Field Rep. t JAN 16 2014
ComkL
pliance p. <" Permit No.
LPO ❑
r DCMMHDCITY (if applicable)
LPJ
Violation Description W activity perm table? Yes No
Initial Discovery Date 11 l 2. Discovery hodj,�p ]tjn(l i A! . r
Violation Description t�tr t� i kkr O
Prior CAMA or D/F Volatior kYn^0 Prior Case No:
Phone #. V /M Yl ffi a.U_.. _ _.. _- Fax #/Email
Corporate Name & Registered agent
Violation Type: Project Type: Authorizations Required: Site Visits Respondent Site Visits Respondent
}�j Present Present
No Permit �. Private/Community Major 19 CAMA 1' �' f /,� � 0
Permit Condition GovL/Public Minor D&F 1t `1 . L�J
Expired Permit � Commercial General O
[J.. Inconsistent w/ Rules Tier Level: /I*�) II III El
Violation Location and Site
Project Location: County inY
Street A cress/ State Road/ Lot #(s)
City"
Phone # (
! y / Lat/Long
Shoreline Length v
/N1 4SAM Not re Yes No
Sandbags: Not Sure ,YYes� No
PNA; as J No Adjacent
ORW: /`Yes/ o Adjacent
ZIP. Crit. Hato. Yes No
lasin Photos es No
Adj. Wtr. Body Yy\ww wwo nat/ an unkr Waiver Required Yes
In DWO Buffer Area Yes No
Closest Maj. WV. Body
Specify DWO Buffer'rf applicable:
Restoration
Extension Granted Yes No
NOV Date ' • 11i ,�"1 Initial Req. Comp. Date
Restoration Letter
Date Comp. Observed Acceptance Date
CNOV Date
Penalty Assessment
Sent to Respondent Date
Rovd. by Dist. Mgr. Date
Assessment Extended Yes
River
No
App./Permit Fee
Penalty
WillfuUlntent.
Continuing
710409 Ref.
Recomm. Assess.
DCM Assess.
$
is
Total

Formal Assessments, Appeals and Reductions
Date Long Form Submitted Assessment Appealed: Yes No
Date Formal CPA Submitted
Penalty modified
Final Assessment$ Date
Attorney General's Office for Injunction or Formal Collection
Date sent to AG Respondent not responsive to penalty/NOV Injunction to complete restoration
Date Collection Letter Sent Date Demand Letter Sent
Violation Activities and Impacts
AECs Affected: Wetlands Impacted? Yes No If yes, which types:
CW r ES PTS
OEA HHF IH UBA N/A SA DS CJ SY JR LS TY
PWS: FC: ss SC SP IF BF 404
Other:
Restoration Required by the Respondent es No
Dimensions in excess
of permil/ unauthorized activities
Dimensions to restore
Final dimensions
allowed
Actually restored
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Closing
Payment Received $ Date Date Case Closed