99-05D Briggs

~'State of North Carolina
Department of Environment,
Health and Natural Resources
Wilmington Regional Office
Division of Coastal Management
James B. Hunt, Jr., Governor
Wayne McDevitt, Secretary
Donna D. Moffitt, Director
May 5, 1999
Mr. Robert Briggs
405 Southampton Court
Fayetteville, NC 28305
RE: NOTICE OF CONTINUING VIOLATION
CAMA VIOLATION #99-05
Dear Mr. Briggs:
NCDENR
NORTH CAROLINA DEPARTMENT OF
ENVIRONMENT AND MCURAL RESOURCES
MAY 1 0 1999
Information gathered by the Division of Coastal Management shows that you have failed to act in
accordance with the Coastal Area Management Act. The violation in question occurred at 2316 New
River Inlet Road, North Topsail Beach, as the Notice of Violation sent to you on February 11, 1999
indicated. This notice requested that you empty the sand from the sandbags, remove all portions of the
fabric, dispose of them properly and rake the sand in a natural fashion. No restoration has been
accomplished on the first violation, hence, this is a Notice of Continuing Violation.
No person may undertake development in a designated Area of Environmental Concern without first
obtaining a permit from the North Carolina Coastal Resources Commission, North Carolina General
Statutes (hereinafter abbreviated NCGS 113A-118). This project is located within the Ocean Hazard Area
of Environmental Concern. Permits issued through towns and counties are done so in a partnership
developed through the Coastal Resource Commission.
T15A:07H.0308 (a) (2) (F) states in part, "A temporary erosion control structure may remain in place
for up to two years after the date of approval if it is protecting a building with a total floor area of 5000
square feet or less, or, for up to five years if the building has a total floor area of more than 5000 square
feet ... The property owner shall remove the temporary structure within 30 days of the end of the allowable
time period..."
T15A:07h.0308 (a) (2) (Ii) states, "Removal of temporary erosion control structures may not be required
if they are covered by dunes with vegetation sufficient to be considered stable and natural."
127 Cardinal Drive Extension, Wilmington, N.C. 28405-3845 • Telephone [phone] • Fax [phone]
An Equal Opportunity Affirmative Action Employer

- W
Robert Briggs
Page 2
A recent site inspection has revealed that you have failed to remove the sandbags by the specified
deadline, located at 2316 New River Inlet Road, North Topsail Beach, in Onslow County. The bags are
not covered and stabilized with vegetation sufficient to be stable and natural. Therefore, they must be
removed in compliance with the rules.
Since the development you have undertaken is not consistent with the applicable standards, you will be
required to restore the area to its former condition. A civil assessment of up to $2500.00 may be assessed
against any violator. Each day that the development described in this Notice is continued or repeated
may constitute a separate violation which is subject to an additional assessment of $2500.00. An
injunction or criminal penalty may also be sought to enforce any violation, NCGS 113A-126.
It is the policy of the Coastal Resources Commission to levy a minimum civil assessment 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. Whether a higher amount will be assessed will depend
on several factors, including the nature and area of the resources which were affected and the extent of
the damage to them. If restoration of the affected resources is requested but is not undertaken or
completed satisfactorily, a substantially higher civil penalty will be assessed and a court injunction will
be sought ordering restoration.
The enclosed Restoration Plan describes the action necessary to bring this project into compliance with
the Act. Provided you intend to cooperate with my request to remove the sandbags, please sign one of
the attached Restoration Plans and return it to me in the enclosed, self-addressed envelope. No response
from you within ten (10) days of receipt of this letter will be interpreted as a refusal to cooperate and a
court order will be sought ordering restoration.
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 immediate future
to determine whether this violation notice has been complied with.
Sincerely,
Janet M. Russell
Coastal Mgt. Representative
Enclosures
cc: Charles S. Jones
C. Robert Stroud, Jr.
Jeff Richter, COB
Terri Potts, LPO

RESTORATION PLAN
FOR
ROBERT BRIGGS
2316 NEW RIVER INLET ROAD, NOTH TOPSAIL BEACH, ONSLOW COUNTY
In order to bring this site into compliance with the rules, please complete the following
restoration:
1. Empty the sand from the sandbags, remove all portions of the fabric and dispose of
properly, rake the sand in a natural fashion.
2. Call to schedule a site.inspection at least one week before the work is to commence.
I agree to complete this restoration by May 21, 1999.
Robert Briggs Date

State of North Carolina
Department of Environment,
and Natural Resources
Wilmington Regional Office
Division of Coastal Management
James B. Hunt, Jr., Governor
Wayne McDevitt, Secretary
Donna D. Moffitt, Director
February 11, 1999
Mr. Robert Briggs
405 Southampton Court
Fayetteville, NC 28305
RE: CAMA VIOLATION #99-05
Dear Mr. Briggs:
J
NCADFN,+NORTH VOLINA OF
ENVIRONMENT AND NATURAL RESOURCES
Information gathered by the Division of Coastal Management indicates that you are in violation of the
North Carolina Administrative Code, Title 15A, Chapter 7, Subchapter 711.0308. A copy of these rules
are attached for your review. In 1995, the Coastal Resource Commission modified its rules governing
sandbag use to better define the time periods that sandbags could remain in place. Sandbags that were
already in place as of 1995 became subject to the new time limitations beginning on May 1, 1995.
The following rules apply to your situation:
T15A:07H.0308 (a) (2) (F) states in part, "A temporary erosion control structure may remain in place
for up to two years after the date of approval if it is protecting a building with a total floor area of 5000
sq.ft. or less, or, for up to five years if the building has a total floor area of more than 5000 sq.ft.... The
property owner shall remove the temporary structure within 30 days of the end of the allowable time
period...."
T15A:07H.0308 (a) (2) (H) states "Removal of temporary erosion control structures may not be required
if they are covered by dunes with vegetation sufficient to be considered stable and natural."
In addition the Emergency Permit that was issued originally for installation of the sandbags contains a
condition which also applies to your situation:
"4. If a temporary erosion control structure interferes with public access and use of the ocean beach or
if it requires burial but remains continuously exposed for more than six months, it must be removed by
the pennittee within 30 days of notification by the Coastal Resources Commission or its representatives.
In addition, the permittee shall be responsible for the removal of remains of all or portions of the
temporary erosion control structure damaged by storms or continued erosion."
127 Cardinal Drive Extension, Wilmington, N.C. 28405-3845 • Telephone [phone] • Fax [phone]
An Equal Opportunity Affirmative Action Employer

Mr. Robert Briggs
Page 2
In conjunction with my letter of November 13, 1998 a follow-up inspection was recently completed at
2316 New River Inlet Road. The sandbags were found to -be partially uncovered and unvegetated.
Therefore, in accordance with the rules of the Commission, the sandbags must be removed.
Provided you intend to cooperate with the terns of this Notice of Violation, please sign one of the
attached Restoration Agreements and return it to me in the enclosed, self-addressed envelope within ten
(10) days of receipt of this letter. Failure to comply with this request or respond back to this office prior
to the requested deadline with an acceptable schedule for compliance will be interpreted as a refusal to
cooperate and will insult in a Notice of Continuing Violation, as well as a court injunction being sought
ordering compliance.
A civil penalty of up to Twenty -Five Hundred Dollars ($2500.00) may be assessed, or an injunction or
criminal penalty may be sought against any person who violates the rules adopted pursuant to the Coastal
Area Management Act, NCGS 113A-126. It is the policy of the Coastal Resources Commission to assess
a minimum civil penalty . 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
will depend on several factors, including the nature and area of the resources which were affected and
the extent of the damage to them. If restoration of the affected resources is requested but is not
undertaken or completed satisfactorily, a substantially higher civil penalty will be assessed and a court
injunction will be sought ordering restoration.
I request that you contact me immediately regarding this matter. A site inspection will be made in the
immediate future to determine compliance.
Sincerely,
Janet M. Russell.
Coastal Mgt. Representative
cc: Charles S. Jones
C. Robert Stroud, Jr.
Jeff Richter, COE
Terri Potts, LPO

T ,
RESTORATION PLAN
FOR
ROBERT BRIGGS
2316 NEW RIVER INLET ROAD, NORTH TOPSAIL BEACH, ONSLOW COUNTY
In order to come into compliance with the rules, please complete the following restoration:
1. Empty the sand from the sandbags, remove all portions of the fabric and dispose of properly, rake the
sand in a natural fashion.
2. Call to schedule a site inspection at least one week before the work is to commence.
I agree to complete this restoration by March 12, 1999.
Robert Briggs Date

RIGOSANDTIRE
SONS
• avom YEAR
Your Full -Service Goodyear Deal r.
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P.O. Box S49
Fayetteville, North Carolina 28302
910-484-4144
910-484-0989 Fax
May 21. 1999
Mr. C. R Stroud, Jr.
N.C. Dept of ENR
127 Cardinal Drive Extension
Wilmington, North Carolina 28405-3845
RE: CAMA VIOLATION #99-05
2316 New River hdet Road
North Topsail Beach, N. C.
Dear Mr. Stroud%
JUN 21 1999
I spoke with Mr. Charles Jones on Thrusady, May 20, 1999 concerning the sandbag issue on our property.
He advised that I needed to talk with Mary penny Thompson at the Attorney General's office to see just
what options I might have. Ms. Thompson was out today due to illness. Mr. Jones is out until June 1.
You are out on site in Brunswick County. Therefore, I am unable to reach anyone today concerning
this matter.
I am asking for a variance on this matter until I can get more information as to what options I might have
and want to take.
The bags are covered, the Corp of Engineers have replenished the beach area, and the town has agreed
to put in a dune and help with vegetation.
Your help and g3&rstanding in this matter is greatly appreciated
Sincerely,
Mrs. Robert (Barbara) Briggs
cc: Charles S. Jones J
Senator Tony Rand
Senator Marc Basnight
Rep. Alex Warner
Rep. Bill Hurley
Gary Hess
Wayne McDevitt
Andrew Mc Call
RECEIVED
JUN 14 1999
COASTAL MANAGEMENT