39-15 Letter of Refinement 2018

Coastal Management
ENVIRONMENTAL QUALITY
January 12, 2018
Arendell Engineers
c/o Mr. John Wade, P.E.
1004 Arendell Street
Morehead City, NC 28557
Re: Waters Edge CAMA Major Permit No. 39-15
Mr. Wade:
ROY COOPER
u,,,,.,,,,,,.
MICHAEL S. REGAN
4oelon'
BRAXTON DAVIS
The purpose of this letter is in response to our 01/11/2018 office meeting and your 01/12/2018 correspondence.
regarding the Letter of Refinement issued by this Division on 09/12/2017 about Major CAMA Permit No. 39-15 issued
to Watersedge Holdings, LLC on March 12, 2015. Permit No. 39-15 authorizes drainage improvement and the
redevelopment of existing roadways, and includes replacing an associated boat ramp property located on the north
side of the Emerald Drive, on Bogue Sound in Emerald Isle, Carteret County, North Carolina.
In your 08/22/2017 correspondence, you requested a permit modification for increasing the impervious credit from
751/6 to 100% for the 11,669 square feet of authorized permeable pavement installed at Watersedge MHP. As per
your correspondence, at the time of installation, the State stornwater rules allowed a 75% credit for this permeable
paver. In accordance with the 09/01/2017 documentation from professional engineer, Mr. Bill Foreman, the
permeable pavement installed at Watersedge MHP is manufactured to meet the required specification and was
installed per the minimum design criteria to be considered as 100% pervious under 14A NCAC 02H .1055.
This letter replaces the 09/12/2017 Letter of Refinement and recognizes the full 11,669 square feet in impervious
surface credit due to the 100% credit provided by the permeable pavement installed at Watersedge MHP. Please be
advised, there shall be no net increase in the existing total impervious area of 163,313 square feet. The changes this
credit provides shall be displayed on any future workplan drawings which would provide the impervious coverage
calculations.
All permit conditions including the December 31, 2018 expiration date still apply and remain unchanged. Thank you
for your time and cooperation in this matter. If you have any questions, please don't hesitate to contact me in the
Morehead City District Office.
Sincerely,
Roy Brownlow
District Manager
Morehead City District Office
Cc: Gregg Bodnar - Majors Permits Coordinator, DCM
Josh Edmondson —Town Planner, Town of Emerald Isle
State of North Carolina I Environmental Quality I Coastal Management
400 Commerce Ave I Morehead City, NC 28557
252 808 2808

January 12, 2018
Mr. Roy Brownlow
N. C. Division of Coastal Management
400 Commerce Avenue
Morehead City, NC 28557
Re. Watersedge Mobile Home Park Improvements (17156)
CAMA Major Permit # 39-15 Refinement
Emerald Isle, Carteret County, NC
QN11113TOMu M,
AARENDELL
CIVIL COASTAL ENVJRONMENTAL
1004 Arendell Street
Morehead City, North Carolina 28557
[phone]
N.C. Certification No. C-1509
Phone: [phone] Ext 217
Email: rov.brownlow(a)ncdenr.gov
On behalf of Watersedge Holdings, LLC, we request that the above referenced CAMA Permit be refined
to reflect the as -built square footage of pervious pavement installed at the site. The original CAMA
Permit issued on March 12, 2015 included a total permeable pavement area of 8,986 square feet. During
the subsequent permitting with your office and the Town of Emerald Isle, the total square footage of
permeable pavement permitted and installed at the site is 11,669 square feet.
We request that your Letter of Refinement issued on September 12, 2017 be revised to reflect the as -built
permeable pavement. That Letter of Refinement was issued to increase the impervious credit for
permeable pavement from 75% to 100% based on the new State stormwater rules. In that letter, the
originally permitted square footage of permeable pavement was identified and not the as -built total. The
Owner is requesting that this total impervious surface credit be 11,669 square feet.
Please let me know if we can provide you any additional information.
Thank you for your help on this project.
Sincerely,
ARENDELL ENGINEERS
, w�
John J. Wade, P.E.
Vice President
CC: Bobby Whitt, Watersedge Holdings, LLC

ROY COOPER
cuverno.
MICHAEL S. REGAN
sIwmrary
BRAXTON DAVIS
Director
Coastal Management
ENVIRONMENTAL QUALITY
September 12, 2017
Arendell Engineers
c/o Mr. John Wade, P.E.
1004 Arendell Street
Morehead City NC 28557
Re: Waters Edge CAMA Major Permit No. 39-15
Mr. Wade:
This letter of refinement is in reference to Major CAMA Permit No. 39-15 issued to Watersedge
Holdings, LLC on March 12, 2015. Permit No. 39-15 authorizes drainage improvement and the
redevelopment of existing roadways, and includes replacing an associated boat ramp property
located on the north side of the Emerald Drive, on Bogue Sound in Emerald Isle, Carteret
County, North Carolina.
In your 08/22/2017 correspondence, you requested a permit modification for the purpose of
increasing the impervious credit from 75% to 100% for the 11,669 square feet of authorized
permeable pavement installed at Watersedge MHP. As per your correspondence, at the time of
installation, the State stormwater rules allowed a 75% credit for this permeable paver. In
accordance with the 09/01/2017 documentation from professional engineer, Mr. Bill Foreman,
the permeable pavement installed at Watersedge MHP is manufactured to meet the required
specification and was installed per the minimum design criteria to be considered as 100%
pervious under 14A NCAC 02H .1055.
This modification allows the previously authorized cumulative impervious footprint of 6,739
square feet to be increased to 8,424 as provided by the 25% increase in impervious credit;
however, there shall be no net increase in the existing total impervious area of 163,313 square
feet. The changes this credit provides shall be displayed on any future workplan drawings which
would provide the impervious coverage calculations.
Some of North Cuoln t, I FnvvommenW Qudily I Coaepl MUNge
400 Counle¢e Ave I Momhmd City, NC 28557
252 808 2808

-Mr. Sohn Wade, P.E.
09/12/2017
Page 2 of 2
All permit conditions including the December 31, 2018 expiration date still apply and remain
unchanged. Thank you for your time and cooperation in this matter. If you have any questions,
please don't hesitate to contact me in the Morehead City District Office.
Sincerely,
Roy Brownlow
District Manager
Morehead City District Office
Cc: Gregg Bodnar - Majors Permits Coordinator, DCM
Josh Edmondson — Town Planner, Town of Emerald Isle
State of North Carolina I Environmental Quality I Coastal Management
400 Ca®vice Ave I Moorhead City, NC 28557
252 808 2808

September 1, 2017
Mr. Roy Brownlow
N. C. Division of Coastal Management
400 Commerce Avenue
Morehead City, NC 28557
Re. Watersedge Mobile Home Park Improvements (17127)
CAMA Major Permit # 39-15 Minor Modifkadon
Emerald Isle, Carteret County, NC
Mr. Brownlow:
A ARENDELL
O�S:�IExviCOxxFN .
1004 Arendell Street
Morehead City, North Carolina 28557
[phone]
N.C. Certification No. C-1509
Phone: [phone] Ext 217
Email: roy.brownlow(ancdenr.gov
The permeable pavement installed at the Watersedge Mobile Home Park in Emerald Isle, Carteret County
was designed in accordance with the North Carolina Stormwater Design Manual and approved by the
Town of Emerald Isle's engineer, John Freshwater, as stated in his letter dated September 21, 2015.
As a North Carolina Professional Engineer, I observed the construction of the pavers periodically and
certify that the pavers were installed in accordance with the construction plans issued with a revision date
of September 14, 2015.
In reference to John Freshwater's letter dated September 21, 2015, the drop inlet symbol that was shown
on the plans was shown in error. There are no drop inlets or stormwater pipes on the site.
Please let me know if we can provide you with any additional information.
Thank you for your help on this project
Sincerely,
ARENDELL ENGINEERS
SEAL..
10733
W. (Bill) Forman, Jr`P.E. q
President /il
CC: Bobby Whitt, Watersedge Holdings, LLC

Brownlow, Roy
From: John Wade <[e-mail]>
Sent: Friday, September 01, 2017 1:55 PM
To: Brownlow, Roy
Subject: RE: CAMA Major #39-15 Watersedge
Attachments: Brownlow.090117.pdf
Roy,
Attached is the letter stating that the pavers were installed consistent with the referenced manual. Please let me know
if you have any additional questions. As always, thank you for your help with this project.
Thanks,
John
John J. Wade, P.E.
Vice President
Arendell Engineers
1004 Arendell Street*
Morehead City, NC 28557
Office: [phone]
Cell: [phone]
www.Arendel]Eneineers.com
N.C. Certification C-1509
*Please note new address!
From: Brownlow, Roy [mailto:[e-mail]]
Sent: Thursday, August 31, 2017 2:38 PM
To: John Wade <[e-mail]>
Subject: RE: CAMA Major #39-15 Watersedge
John,
After reviewing the letter from Freshwater, it doesn't quite specifically address what I need to confirm.
I'm needing specifically a statement that the pavement or pavers installed at Watersedge does qualify or is consistent with
the referenced manual; that the pavement is installed in accordance with the manual or with the design criteria for which the
credit is being sought; and that the concerns of Engineer Freshwater were addressed. His letter is referencing the
"proposed" paving, so I need documentation for the actual as -built paving installation and material.
You, as a professional engineer, or another design professional can satisfy this documentation. Once I receive the
documentation requested and it certifies the consistency with the manual for the credit, I can issue the letter of refinement.
Hope this explanation helps.
Thanks,
Roy Brownlow,
District Manager
& Compliance Coordinator
Division of Coastal Management

Department of Environmental Quality
252 808 2808 office
Extension 217
Roy. Brownlowancdenr.00v
400 Commerce Ave
Morehead City, NC 28557
PC.
-->"Nothing Compares
Email correspondence to and from this address is subject to the
North Carolina Public Records Law and may be disclosed to third parties.
From: John Wade [mailto:[e-mail]]
Sent: Monday, August 28, 2017 8:36 AM
To: Brownlow, Roy <rov.brown [e-mail]>
Subject: RE: CAMA Major #39-15 Watersedge
Roy,
Attached is a letter from John Freshwater, the Town's engineer, stating that the permeable pavement is consistent with
the NCDENR BMP manual criteria for 75% built upon area credit. Please let me know if you need any additional
information.
Thanks,
John
John J. Wade, P.E.
Vice President
Arendell Engineers
1004 Arendell Street*
Morehead City, NC 28557
Office: (252) 6224338
Cell: [phone]
www.ArendellEnpineers.com
N.C. Certification C-1509
*Please note new address!
From: Brownlow, Roy[mailto:[e-mail]]
Sent: Friday, August 25, 2017 4:33 PM
To: John Wade <[e-mail]>
Subject: RE: CAMA Major #39-15 Watersedge
Is there any "development" associated with your request to increase credits? If not, I may be able to do a letter of
refinement. If so, there is no fee for a permit refinement and you could request a refund.
Hope you have a good weekend.

Roy Brownlow
District Manager
& Compliance Coordinator
Division of Coastal Management
Department of Environmental Quality
252 808 2808 office
Extension 217
Roy. Brownlow(7ncdenr.gov
400 Commerce Ave
Morehead City, NC 28557
PC-
<% Nothln9 Cornpares--,....
Email correspondence to and from this address is subject to the
North Carolina Public Records Law and may be disclosed to third parties.
From: John Wade[mailto:iohn(@arendellengineers.coml
Sent: Friday, August 25, 2017 4:30 PM
To: Brownlow, Roy <rov.brown [e-mail]>
Cc: Bodnar, Gregg <[e-mail]>
Subject: RE: LAMA Major #39-15 Watersedge
Roy,
Bill Forman in our office did the design. I'm sure we have that papework somewhere around here. I'll find it and send it
to you on Monday.
Thanks,
John
John J. Wade, P.E.
Vice President
Arendell Engineers
1004 Arendell Street*
Morehead City, NC 28557
Office: [phone]
Cell: [phone]
www.Arendell Engi neers.com
N.C. Certification C-1509
*Please note new address!
From: Brownlow, Roy[mailto:[e-mail]
Sent: Friday, August 25, 2017 4:28 PM
To: John Wade <[e-mail]>
Cc: Bodnar, Gregg <[e-mail]>
Subject: CAMA Major #39-15 Watersedge

John,
Hope this finds you doing well.
I am in receipt of your 08/2212017 correspondence in reference to CAMA Major Permit #39-15 Watersedge MHP. Through
this correspondence, you are requesting a permit modification for purpose of increasing impervious credit from 75% to
100% for the 11,669 square feet of permeable pavement. At the time of installation of this permeable pavement as per your
correspondence, the State stormwater rules allowed a 75% credit for this permeable paver. In order to increase to the
credit, I am requesting documentation from a design professional (i.e., engineer's certification) that would verify the existing
permeable pavement is manufactured to meet the specification and was installed per the minimum design criteria to be
considered as 100% pervious under 14A NCAC 02H .1055.
Please feel free to call me if you have any questions.
Thanks,
Roy Brownlow
District Manager
& Compliance Coordinator
Division of Coastal Management
Department of Environmental Quality
252 808 2808 office
Extension 217
Roy.Brownlow aancdenr.gov
400 Commerce Ave
Morehead City, NC 28557
Email correspondence to and from this address is subject to the
North Carolina Public Records Law and may be disclosed to third parties.

September 1, 2017
Mr. Roy Brownlow
N. C. Division of Coastal Management
400 Commerce Avenue
Morehead City, NC 28557
Re. Watersedge Mobile Home Park Improvements (17127)
CAMA Major Permit # 39-15 Minor Modification
Emerald Isle, Carteret County, NC
W. Brownlow:
AARENDELL
1004 ArendelhStreet
Morehead City, North Carolina 28557
[phone]
N.C. Certification No. C-1509
Phone: [phone] Ext 217
Email: rov.brownlow(amcdenr-gov
The permeable pavement installed at the Watersedge Mobile Home Park in Emerald Isle, Carteret County
was designed in accordance with the North Carolina Stormwater Design Manual and approved by the
Town of Emerald Isle's engineer, John Freshwater, as stated in his letter dated September 21, 2015.
As a North Carolina Professional Engineer, I observed the construction of the pavers periodically and
certify that the pavers were installed in accordance with the construction plans issued with a revision date
of September 14, 2015.
In reference to John Freshwater's letter dated September 21, 2015, the drop inlet symbol that was shown
on the plans was shown in error. There are no drop inlets or stormwater pipes on the site.
Please let me know if we can provide you with any additional information.
Thank you for your help on this project.
Sincerely,
ARENDELL ENGINEERS
SEAL 9�,P
10733 )�
President (Bill) Forman, JtO.E. �/ / ,•"-
1/ l7
CC: Bobby Whitt, Watersedge Holdings, LLC

August 22, 2017
Mr. Roy Brownlow
N. C. Division of Coastal Management
400 Commerce Avenue
Morehead City, NC 28557
Re. Watersedge Mobile Home Park Improvements (17127)
CAMA Major Permit # 39-15 Minor Modijtcation
Emerald Isle, Carteret County, NC
Mr. Brownlow:
A ARENDELL
VEERS
♦ST/.l(YVI(OYYFYTI
1004 Arendell Street
Morehead City, North Carolina 28557
[phone]
N.C. Certification No. C-1509
Phone: [phone] Ext 217
Email: rov.brownlow(alncdenngov
On behalf of Watersedge Holdings, LLC, we request that the above referenced CAMA Permit be modified to
receive 100% credit for the pervious pavement installed within the development. The current North Carolina
Department of Environmental Quality Stormwater Design Manual, revised 4-6-17, allows for infiltrating permeable
pavement that is designed per the minimum design criteria to be considered as 1000/6 pervious for existing projects
un 14A NCAC 02H .1055.
During the initial permitting and design process, permeable pavement was used to provide a net reduction in the
overall impervious area of the site. During that permit process, the State rules only provided a 75% credit for using
permeable pavement. 11,669 square feet of permeable pavement was installed during the pavement project
completed in 2016. Of that 11,669 square feet, 8,752 square feet (75%) was provided as a credit to the development
for additional impervious surface construction during the original permitting process. The original CAMA major
permit was issued on March 12, 2015. This modification will allow the development to receive 100% credit of the
11,669 square feet of permeable pavement. As can be seen in the impervious coverage spreadsheet attached, a
portion of the original impervious surface has already been allocated throughout the site.
A recent minor modification was issued on August 4, 2017 to redistribute the credited impervious surfaces
throughout the development. This minor modification is only to increase the credit from 75% to 100% and does not
address the allocation of impervious surfaces.
A check made payable to NCDEQ for $100 is included with this request. Your attention to this matter at your
earliest convenience is requested. Please let me know if we can provide any additional information at this time.
Thank you for your help on this project.
Sincerely,
ARENDELL ENGINEERS
John J. Wade, P.E.
Vice President
C a G 17
00 `2t..
Attachments
CC: Bobby Whitt, Watersedge Holdings, LLC
RECEIVED
AUG 2 2 2017
DCM- MHD CITY

Watersedge Mobile Home Park
Impervious Coverage Approved
Cat l Balance
Addrua/xame
Reason for Request
Sq.Ft
Appeal Date
Check Status
Notes
3,4MOD
Beginning Balance
3,127.00
3271am1e Orcla/Crawford
Replace mobile home
291A0
10/24/2016
to Rkh 137/I6
2,816.00
308 Jame Orole/Hokllrig
Replace mobile home
311A0
11/18/2016
to Rich</8/17
2,816,00
2,816.00
2,816.00
3,836.00
3,836.00
2,816.00
2,836.00
Cat. =63"is.
Addraas/Nama
Reason for Requla[
Sq.FL
Approv. Date
Chack Stataus
Notes
8,251.00
Baglnning Balance
B,15L00
We Courtney Court/Huater
Cover(rant eoroh
IOOAO
12/21/2016
Not submitted
9,02LOO
321 Courtney Court/DeLrnetta
Covarportionofdack
1w.00
12/21/2016
to brry 1/13117
7,8eL00
312 Webaraedge DIve/Adams
Cover portion of deck
380.W
1/7/2017
Not submitted
7,633.00
328 Wmanedge Drive/Brown
over front deck
208.00
1/11/2017
to tarty 1/13/17
7,383.00
315Jam1aCmle7Webb
Add sunroom
250.00
1/30/2017
Not submitted
Rnalhe upon feet later
7,305.00
302 JamM Ortle/Daniels B Miller
Add room
78.W
2/13/2017
unuar,
7,223.00
308 Watereedge Driw/Wood
Add to storage building; porch over
82,W
4/3/W17
Net submmed
7,LSLOD
356 Wabrsedp Drina/Mannlq
Storage building
72.00
4/8/17
Notsubmitted
7,119.00
313 Hamer Clmle/Morton
Storage building
32.00
e/11/17
Not submitted
6,819.W
311Jamle Ciimk/Bombe
Corer from porch
300.00
4/11/17
Not wubmitted
6,819.Op
6,819.00
6,819.00
6,819.00
6,819.00
6,819.W
SL60M I Initial Amount Available 17536 of 11,669 sq. R.) Total Sq. Ft, Requested/Approved 2,OU.00
9,635.00 lCmilliheed Balance Remaining
v
n
70
m
n
s
m
a
o <
c)
= M

�4 5(41,,s 6-,-c,c
�R�•% 12 �� t 7 4 (�,
Brownlow, Roy
From:
Davis, Braxton C
Sent:
Wednesday, December 06, 2017 8:37 AM
To:
Brownlow, Roy; Lopazanski, Mike
Subject:
FW: Tiered Enforcement Review - Action Plan
fyi
Braxton C. Davis
Director
NC Divisions of Marine Fisheries and Coastal Management
Department of Environmental Quality
252 808 8013 Marine Fisheries Office
252 808 2808 x202 Coastal Management Office
Braxton. Davis(a) ncoen r.gov
Morehead City, NC 28557
Email correspondence to and from this address is subject to the
North Carolina Public Records Law and may be disclosed to third parties
From: Pjetraj, Michael
Sent: Tuesday, December 05, 2017 3:44 PM
To: Abraczinskas, Michael <[e-mail]>; Pjetraj, Michael <[e-mail]>;
Culpepper, Linda <[e-mail]>; Gregson, Jim <[e-mail]>; Davis, Tracy
<[e-mail]>; Vinson, Toby <[e-mail]>, Scott, Michael <[e-mail]>;
Lorscheider, Ellen <[e-mail]>; Davis, Braxton C <Braxton. Davis@ NCDEN R.Gov>; Lupton, Dee
<dee.l upton@ ncdenr.gov>
Cc: Holman, Sheila <[e-mail]>; Lane, Bill F <Bill. Lane@ ncdenr.gov>
Subject: Tiered Enforcement Review - Action Plan
Hello,
We all received the message from John Nicholson last week on the review of the Tiered Enforcement Policy.
I have initiated discussions with DAQ regional enforcement staff & will be conversing with our Regional Supervisors on
Thursday to get feedback.
Primary questions are — What have you observed about the tiered enforcement program that has worked & has not
worked. What would you suggest to be changed, what would you leave as is. Also, have there been any legislative or
federal regulatory changes that would affect your part of the tiered enforcement policy.
John's 3a & 3b items:
a. The attached memorandum requires updating with each NCDEQ regulatory program with a focus on your
respective core requirements for environmental enforcement while also considering and recommending changes
on how the Department as a whole approaches enforcement.
b. In addition to review by central office staff, ensure all regional supervisors and key subject matter experts (SMEs)
who have a role in enforcement have an opportunity to review, comment and provide recommendations.
John is asking for a final product by January le. I would like to provide a finished report to Sheila & Bill for review on
Friday 1/12.

Due to the holidays, please initiate communication with your staff as soon as possible. I will leave up to you your
schedule for internal review of your portion of the Tiered Enforcement Policy.
I will setup a meeting/call for this group for the week of 12118. Please provide any feedback or questions tome.
Thanks
Michael
In the Tiered Enforcement document that John attached, the following agencies were listed:
• Air Quality
• Water Quality
• Water Resources
• Land Resources (Dam Safety, Mining Program, Erosion & Sedimentation Control)
• Waste Management
• Coastal Management
Since 2011, there have been some reorganizations. For the purposes of further communication & setting timelines &
meetings as needed, I will send future communications to the addresses listed under DAQ, DWR, DEMLR, DWM &
DCM/DMF. If anyone else would like to participate in the discussions or provide feedback to satisfy items 3a & 3b in
John's email, please let me know.
DAQ:
Abraczinskas, Michael <[e-mail]>;
Pjetraj, Michael <[e-mail]>;
DWR:
Culpepper, Linda <[e-mail]>;
Gregson, Jim <[e-mail]>;
DEMLR:
Davis, Tracy <[e-mail]>;
Vinson, Toby <[e-mail]>;
DWM:
Scott, Michael <[e-mail]>;
Lorscheider, Ellen [e-mail]
Coastal Management / Marine Fisheries:
Davis, Braxton C <Braxton.Davis@NC DEN R.Gov>;
Lupton, Dee <[e-mail]>;
Michael Pjetraj, P.E.
Deputy Director
Division of Air Quality
North Carolina Department of Environmental Quality
919-707-8497 office
michael pietra�ncdenr,gov

ROY COOPER
Gmernor
Coastal Management I' I r
P'- ENVIRONMENTAL QUALITY I/ p p�„�
MEMORANDUM
TO: Braxton Davis
FROM: Roy Brownlow
SUBJECT: Tiered Enforcement Policy Review
DATE: December xx, 2017
MICHAEL S. REGAN
Secretary
BRAXTON DAVIS
Direenir
The Division of Coastal Management's (DCM) Permit and Enforcement Section is in four district
offices along the State's coast. The section is responsible for ensuring that development undertaken within
Areas of Environmental Concern is consistent with the Coastal Area Management Act (CAMA), the Dredge
and Fill Law (N.C.G.S. 113-229), and the N.C. Coastal Resources Commission's rules (NCAC Title 15A).
For CAMA major permit development activities, district staff perform an assortment of tasks including
pre -application consultation, site investigations, and preparing biological assessments. With all CAMA
development permits (major, general, minor) DCM staff, including the CAMA Local [government] Permit
Officers (LPOs) which are participating in implemented programs, recommend the issuance or denial of
development permits, monitor permitted projects to ensure compliance with permit conditions and initiate
enforcement action when necessary.
Enforcement is a critical tool DCM and LPOs apply to those who violate the State's CAMA, dredge
and fill law, and the CRC's rules and is a trusted tool to promote compliance. Enforcement actions can range
from a simple warning to a civil penalty or a court injunction and even to criminal prosecution. If a simple
warning (Tier 1) will correct the situation, compliance is achieved with minimal resources spent. If stronger
legal remedy is required, the process becomes long and costly for all involved.
Historically, compliance actions generated by DCM regulatory staff have gone through the
organizational hierarchy, ultimately to the division director if necessary, prior to being decided. DCM
delegates the authority to levels in the organization such as the District Managers, which are closer to the
point of origination. This method has proven to save time and allow for decision -makers in closer proximity
to the situation to determine the compliance remedy. LPOs enforcement actions are handled through the
participating local government with guidance from DCM staff, however, the Division issues and collects the
assessment of civil penalties if applicable.
oDCM reviewed its Compliance and Enforcement program in August of 2014. Because of this
evaluation, staff identified potential opportunities for further review and improvement if necessary.
State of Nonh Carolina I Environmental Quality I Coastal Management
400 Commerce Ave I Morehead City, NC 28557
252 808 2808

Enforcement Review
December 2017
Page 2of2
The purpose of this document is to report the current effectiveness of the tiered enforcement policy and to
identify its effectiveness while considering other key opportunities for review and improvement. The following
items of priority are based on interviews conducted with key DCM regulatory staff. The focus of this report
includes:
DCM's Tiered Enforcement Policy
DCM is currently enforcing the Departments tiered enforcement policy based on the DCM definitions of
enforcement tiers. Since the implementation in February Of 2012, the procedure has been effective and
efficient and the transition was nearly seamless. A significant measure of effectiveness is that there have
been no requests for settlement or appeal since the implementation of'the procedures. Another measure of
success is the compliance rate among permitted inspected facilities'is at 98%. Further success is that 100%
of adversely impacted conificant indicator of
9al resources have been restored/to their pre -disturbed condition or to the
satisfaction of the Division. a most significant success is that there has been no connection to
b
o any known CAMA violation with any long term or significant harm to theaState's coastal resource
CbY""�n There have not been any legislative or federal regulatorychanges that wo lu d'affect the Division's part or the
LPO's participation of the tiered enforcement policy~ / ( «s.. oprt
~
Recommendation: DCM regulatory staff recommend 'the Division/and LPOs within participating local
governments continue to implement the current tiered enforcement;p'olicy which is proven to be effective and
efficient in achieving compliance within the regulated communityantl•for protecting and managing the State's
coastal resources. °a•,, ��
� I
y
,t
f
Slate of North Carolina I F-nvrtonmemal Quality I Coastal Management
400 Commerce Ave I Morehead City, NC 28557
2528082808

Davis, Braxton C
From: Brownlow, Roy
Sent: Wednesday, January 10, 2018 2:29 PM
To: Davis, Braxton C
Subject: DRAFT Tiered Enforcement Policy Response
Braxton — below is the draft response to the t#6 subject �areas in I
to this.
Let me know if this is a go.
Thx
email. The marked -up policy would be attached
Michael,
Hope this finds you doing well. (,
Please find attached to this comesVbndeinte�,smarked-up version o the its Tie ed forcement Policy. The mark-up
includes the changes from the original 2012 version that was submitted to t Uep ent well as edits to its 2014 in-
house review and updated policy. The edits to the 2014 version are mainly form qg and c rification of the policy and
should not change its original spirit and intent.
The responses to your other questions follow below: � J
How does your division implement NCGS 143E-279?
The DCM enforcement procedure normally has a 30-day period from the date of Notice of Violation (NOV o restore an
area to its pre -development condition if impacts are made to resources. An assessment for civil penalty' issued only after
corrective action is made with the compliance order when necessary. Otherwise, if corrective action is t needed to restore
impacted resources, then the civil penalty is issued typically within 30-days of the date of the NOV. There are some
instances where civil assessments may be issued sooner such as when the Respondent requests to be assessed sooner so
to close a case (get it behind them) or so that work may continue. In those instances, with the time it takes to arrange site
visits and have meetings with other agencies, the time could be reduced down to 10 to 15 days between NOV and
assessment. Rarely has the division issued civil assessments closer than 10 days from the date of the NOV and when it did,
it was upon request of the Respondent.
Does your division "reset" the tiers after a period of compliance?
The DCM Tiered Enforcement Policy does 'reset' the tiers, or expunge a person's record after a period of three years from
the date of the previous NOV.
Let me know if you have any questions or need further information.
At your service,
Roy Brownlow
District Manager
& Compliance Coordinator
Division of Coastal Manaaement
Department of Environmental Quality
252 808 2808 office
Extension 217
Ro y. B row n l ow i(ri n c d e n r. o oy

Division of Coastal Management
Tiered Enforcement Policy Revisions
January 10, 2018
Tier 1 Vlelation-Enforcement Action (t efter of r^^^^"^ ^"'^'^" ^^' ^' ^^Notice of Regulatory Requirements or Stop Work Notice)
• "Minor development" violations of the Coastal Resources Commission's rules for permittable offenses, work still in
progress, and no previous CAMA violations.
"Major development" violations of the Coastal Resources Commission's rules for offenses that could have been permitted
under a General Permit, work still in progress, no previous CAMA violations, does not involve dredge and fill activity in
estuarine or public trust waters or coastal wetlands.
• Unauthorized development on a permitted project that would have required a permit refinement modification
• The development has no adverse impacts on resources and is lacking significance or importance: so minor as to merit
disregard in degree and harm: de minimis levels, that is the minimum threshold for which a conformity determination must
be performed.
Tier 2 Aelation-Enforcement Action (Notice of Non-CemOaneeViolation Minimal Civil Penalty)
• Failure to meet the compliance schedule for a Tier 1 enforcement action.
• Second violation of a Tier 1 violation within three vears of orevious enforcement action
____I.._..__ -"'-"._ ._. _ .._. . .._._.._....._, _..,,,r...y ....... ...... ..rr.�..�y �... ,. r.,��„�. ... ...,��.�. �.... ...,�.�
— "nnln...d..,_s.L_
• "Major development" violations of the Coastal Resources Commission's rules for offenses that could have been
permitted under a General Permit or Major Permit, work completed, no previous CAMA violations, does not involve
dredge and fill activity in estuarine waters, er-public trust waters, or coastal wetlands.
• Non-permittable Minor or Major development, however, resources are recoverable through restoration of the impacted area
to pre -development condition and brought into compliance within the specified compliance schedule, excluding dredge and
fill activity associated with unauthorized excavation and filling activities in estuarine waters, -andler-public trust watersor
coastal wetlands.
Tier 3 V4ation-Enforcement Action (Notice of Violation with Civil Penalty Willful and Intentional llniunction Notice of Continuing
Violation
• Third violation of a Tier 1 violation within three years of previous enforcement action (willful and intentional)
• Second violation of a Tier 2 violation within three years of previous enforcement action (willful and
intentional).
• Unauthorized non-permittable excavation, dredge or­aad-fill filling activity within estuarine waters, and*
public trust waters, or coastal wetlands.
• Continuing minor or major development violation due to failure or refusal to restore or bring project into
compliance by the specified compliance schedule.
• Violation is of such a degree, gravity, or duration that significant environmental harm has been documented
(i.e., unrecoverable resources) or high potential for environmental harm exists.
"�dllf"ad=interrti&

Brownlow, Roy
From: Pjetraj, Michael
Sent: Tuesday, January 02, 2018 2:29 PM
To: Culpepper, Linda; Gregson, Jim; Vinson, Toby; Scott, Michael; Lorscheider, Ellen; Davis,
Braxton C; Lupton, Dee
Cc: Brownlow, Roy; Lopazanski, Mike; Abraczinskas, Michael
Subject: RE: Tiered Enforcement Discussion
Hello,
Thanks for meeting with me on December 19t1 to review the Tiered Enforcement document and how your respective
division's implement tiered enforcement.
During the meeting there was a lot of good discussion, including:
• Effects of DENR/DEQ reorganization on the 2011 document
• New tools such as interactive assessment spreadsheets that are being used
• New federal requirements
• Additional tools that Divisions may need to use —orders, increased penalties
• Additional terms that may need to be added to the tiers — Notice of Regulatory Requirements, etc
• Some Divisions have integrated tiered enforcement into their internal enforcement
handbooks/notebooks/guidelines & plan to review them again.
W� �Iso discussed the following items:
/ ► f How does your division implement the following session law excerpt? In the DAQ, it is applied primarily to
l� reporting requirements. If a facility is noticed that a periodic report is late & the facility submits the report
within 10 days, we do not pursue a penalty.
https://www.ncga.state. nc.us/enactedlegislation/sessionlaws/htmi/2011-2012/sl2011-145. htm I
DENR CIVIL PENALTY ASSESSMENTS
SECTION 13.6. Part 1 of Article 7 of Chapter 143B of the General Statutes is amended by adding a
new section to read:
1 143B-279.16. Civil Penalty assessments.
(a) The impose of this section is to provide to the person receiving a notice of violation of an environmental
statute or an environmental rule a greater opportunity to understand what corrective action is needed, receive technical
assistance from the Department of Environment and Natural Resources, and to take the needed corrective action. It is
is sent an assessment of the civil penalty for the violation.'
�) • Does your Division "reset" the tiers after a periso odnfmpliance? For example, a facility had 3 similar but
Lf separate actions in 2011 & 2012 that caused you to escalate through tiered enforcement from an NOD to an
NOV to a penalty; It has been 5 years since the last action, do you reset the tiers back to an NOD if a similar
action occurs in 2018?
Please send me a marked up version of the tiered enforcement policy that illustrates how you would like your Divisions'
section to appear, or any other comments, conte4it changes you suggest. Include your Division's thoughts on the 2
items above — how you implement SL 2011-145 if your Division "resets" the tiers after a -period of time.
Provide a copy of your Division's enforcement handbook/guideline that might provide additional depth to your
enforcement process. The guidelines will not be for distribution, but will be provided to the Secretary's office.

Please provide the material to me by no later than Wednesday 1/10 (1 will be meeting with the Assistant Secretary on
Friday 1/12, so sooner would be preferred).
Jim —thanks for sending your mark-up already!
Marine Fisheries indicated that the vast majority of their actions were law enforcement/criminal actions — "write a ticket
& go to court." Marine fisheries requested to be exempted from inclusion in the policy.
Thanks for all of your work.
Happy New Year
Michael
Michael Pjetraj, P.E.
Deputy Director
Division of Air Quality
North Carolina Department of Environmental Quality
919-707-8497 office
michael.p'[e-mail]
217 West Jones Street
1641 Mail Service Center
Raleigh, NC 27699-1641
-^- Nothing Compares
Email correspondence to and from this address is subject to the
North Carolina Public Records Law and may be disclosed to third parties.
-----Original Appointment -----
From: Pjetraj, Michael
Sent: Wednesday, December 06, 2017 5:20 PM
To: Pjetraj, Michael; Abraczinskas, Michael; Culpepper, Linda; Gregson, Jim; Davis, Tracy; Vinson, Toby; Scott, Michael;
Lorscheider, Ellen; Davis, Braxton C; Lupton, Dee
Cc: Holman, Sheila; Lane, Bill F; Brownlow, Roy; Lopazanski, Mike
Subject: Tiered Enforcement Discussion
When: Tuesday, December 19, 2017 2:00 PM-3:00 PM (UTC-05:00) Eastern Time (US & Canada).
Where: DENR GS - Rm 4001- 20 Seats - Cardinal
Hello,
Due to the DEQ Holiday party, I am pushing our Tiered Enforcement discussion up by an hour.
Thanks
Michael
Hello,
Please be prepared to discuss preliminary recommendations from you and your staff for an updated policy during this
meeting.

Please let me know if you have any questions
Thanks
Michael
Hello,
We all received the message from John Nicholson last week on the review of the Tiered Enforcement Policy.
I have initiated discussions with DAQ regional enforcement staff & will be conversing with our Regional Supervisors on
Thursday to get feedback.
Primary questions are — What have you observed about the tiered enforcement program that has worked & has not
worked. What would you suggest to be changed, what would you leave as is. Also, have there been any legislative or
federal regulatory changes that would affect your part of the tiered enforcement policy.
John's 3a & 3b items:
a. The attached memorandum requires updating with each NCDEQ regulatory program with a focus on your
respective core requirements for environmental enforcement while also considering and recommending changes
on how the Department as a whole approaches enforcement.
b. In addition to review by central office staff, ensure all regional supervisors and key subject matter experts (SMEs)
who have a role in enforcement have an opportunity to review, comment and provide recommendations.
John is asking for a final product by January 18th. I would like to provide a finished report to Sheila & Bill for review on
Friday 1/12.
Due to the holidays, please initiate communication with your staff as soon as possible. 1 will leave up to you your
schedule for internal review of your portion of the Tiered Enforcement Policy.
I will set up a meeting/call for this group for the week of 12/18. Please provide any feedback or questions to me.
Thanks
Michael

Coastal Management
ENVIRONMENTAL QUALITY
Arendell Engineers
c/o Mr. John Wade, P.E.
1004 Arendell Street
Morehead City NC 28557
ROY COOPER
G..m.,
MICHAEL S. REGAN
swm.'y
BRAXTON DAVIS
(j r .flr✓'1 Direclw
fig
September 12, 2017
Re: Waters Edge CAMA Major Permit No. 39-15
Mr. Wade:
This letter of refinement is in reference to Major CAMA Permit No. 39-15 issued to Watersedge
Holdings, LLC on March 12, 2015. Permit No. 39-15 authorizes drainage improvement and the
redevelopment of existing roadways, and includes replacing an associated boat ramp property
located on the north side of the Emerald Drive, on Bogue Sound in Emerald Isle, Carteret
County, North Carolina.
In your 08/22/2017 correspondence, you requested a permit modification for the purpose of
increasing the impervious credit from 75% to 100% for the 11,669 square feet of authorized
permeable pavement installed at Watersedge MHP. As per your correspondence, at the time of
installation, the State stormwater rules allowed a 75% credit for this permeable paver. In
accordance with the 09/01/2017 documentation from professional engineer, Mr. Bill Foreman,
the permeable pavement installed at Watersedge MHP is manufactured to meet the required v
specification and was installed per the minim design criteria to be considered as 100%
pervious under 14A NCAC 02+H .105� Ir "` i 9 9
AuN r �
This modification allows therpreviously au on cumulative imperviou oo�rintf 6,739square feet to be increased td4,,4'iras provided by the 25% increase in imdit;
however, there shall be no net increase in the existing total impervious area of 163,313 square
feet. The changes this credit provides shall be displayed on any future workplan drawings which
would provide the impervious coverage calculations.
*1
Slrte ofNorth Cm Iim I Envvolvoenlal QIWity I CmW MwApnml
400 Cake Ave I Morehead City, NC 28557
252 808 2808

Mr. John Wade, P.E.
09/12/2017
Page 2 of 2
All permit conditions including the December 31, 2018 expiration date still apply and remain
unchanged. Thank you for your time and cooperation in this matter. If you have any questions,
please don't hesitate to contact me in the Morehead City District Office.
Sincerely,
Roy Brownlow
District Manager
Morehead City District Office
Cc: Gregg Bodnar - Majors Permits Coordinator, DCM
Josh Edmondson — Town Planner, Town of Emerald Isle
state of North Carolina I Fnvirone ental Quality I Coaelal Ma Cage ntnt
400 Cemmeree Ave I Morehead City, NC 28557
252 808 2808