17-01D The Beach at Brick Landing POA

ROY COOPER
Gnvemrn
MICHAEL S. REGAN
I Sennnn
Coastal Management
ENVIRONMENTAL ptiGLrt9
BRAXTON DAVIS
Dirctmr
December 8, 2017
The Beach at Brick Landing POA
do Billy Street
1919 Stone Ballast Way
Ocean Isle Beach, NC 28469
RE: RESTORATION ACCEPTANCE — CAMA VIOLATION #17-010
Dear Mr. Puckett:
This letter is in reference to the Notice of Violation # 17.01 D sent to you dated February 02, 2017 for the construction
of two (2) unauthorized boathouses within the Estuarine Waters and Public Trust Areas of Environmental Concern in
the Atlantic Intracoastal Waterway. The violation took place on property located at 1919 Stone Ballast Way in the
Town of Ocean Isle Beach in Brunswick County, North Carolina. This unauthorized activity constituted development
and you were requested to stop work and remove the unauthorized boathouses or submit a Major Modification
request to include the unauthorized boathouses and proposed additional pier and slips. In accordance with the North
Carolina Administrative Code, Title 15A, Subchapter 7J.0410, any violation involving development which is
inconsistent with guidelines for development within Areas of Environmental Concern (AEC) must be corrected by
restoring the project site to pre -development conditions to recover lost resources or to prevent further resource
damage.
A Major Modification to State Permit #93-13 was issued August 1, 2017 authorizing the two (2) boathouses and the
additional pier and slips. It appears the restoration is accomplished to the satisfaction of this Division. Upon my
submission of an enforcement report, you will be notified as to the amount of the civil penalty for undertaking this
unauthorized activity within an Area of Environmental concern.
Thank you for your attention and cooperation in this matter. If you have any questions pertaining to this matter,
please feel free to call me at [phone].
Sincerel ,
Sean Farrell
Field Representative, M
Cc: Debra Wilson, District Manager, DCM
Roy Brownlow, Compliance Coordinator, DCM
Tara MacPherson, Field Specialist, DCM
Connie Marlowe, LPO
RECEIVED
DEC 12 Z017
DCM- MHD CITY
Stale of North Carolina I ERvhonmerml Quality I Coastal Management
127 Cardinal Drive Ext., Wilmington, NC 28405
919 796 7215

ILA
Coastal Management
ENVIPONNENTAL QUALM!
NOTICE OF VIOLATION
02/21/2017
CERTIFIED MAIL 70110110000099471744
RETURN RECEIPT REQUESTED
The Beach at Brick Landing POA
c/o Billy Street
1919 Stone Ballast Way
Ocean Isle Beach, NC 28469
RE: VIOLATION(S) OF CAMA MAJOR DEVELOPMENT PERMIT NO.93-13
CAMA VIOLATION #17.01 `J
Dear Mr. Street:
ROY COOPER
Rom'"
On"'n"r
MICHAEL S. REGAN
Scoff",
BRAXTON DAVIS
Dire, n.r
RECEIVED
FEB 2 3 2017
DCM- MHD CITY
This letter confirms that on February 15, 2017, 1 was onsite at property owned by The Beach at Brick Landing POA
located at 1919 Stone Ballast Way adjacent to Atlantic Intracoastal Waterway (AIWW) located in Ocean Isle Beach,
off N.C. HWY 179, Brunswick County, North Carolina. The purpose of the visit was to -monitor the permitted
development of the community docking facility within the AIWW. This letter also confirms our 2/14/17 phone
conversation regarding this matter.
Information gathered by me for the NC Division of Coastal Management shows that The Beach at Brick Landing POA
has violated the terms or conditions of State Permit No. 93-13 which was issued by the Coastal Resources
Commission and the North Carolina Department of Environmental Quality. I hereby request that you immediately
CEASE AND DESIST such violation(s) and comply with the terms and conditions of the above permit.
On August 7, 2013 State Permit No. 93-13 was issued to The Beach at Brick Landing POA for a community docking
facility within the AIWW on property located in Brunswick County, North Carolina, off N.C. HWY 179. This permit
was issued for a CAMA Major Development in Estuarine Water and Public Trust Areas of Environmental Concern in
accordance with North Carolina General Statutes (N.C.G.S.) 11 3A-1 18. This permit included the following terms and
conditions(s):
Unless specifically altered herein, this permit authorizes the construction of the docks, piers,
boatlifts, boathouse and other structures and use that are expressly and specifically set forth in the
permit application. No other structure, whether floating or stationary, shall become a permanent
part of this docking facility without permit modification. No non -water dependent uses of
structures shall be conducted on, in, or over public trust waters without permit
modification.
Slate of North Carolim I Em imaneornl Quality I Coutal Management
127 Cardinal Drive Ext., Wilmington, NC 28405
910-796-7215

The Beach at Brick Landing
State Permit No. 93-13
February 21, 2017
Page 2 of 3
For the following reasons, you are in violation of the above terms and conditions(s) of your permit:
1. Two (2) unauthorized boathouses were installed on pier 1, one within slip # 2 (350 sq. ft.) and one
within slip # 4 (400 sq. ft.) for a total of 750 sq. ft.
If the terns and conditions of a permit are not complied with, the permit is null and void from the date of its issuance.
To comply with the terms and condition(s) of the permit issued to you, you must:
1. Stop any additional work and submit a Major Modification request to include the additional
unauthorized boathouses and proposed 41h access pier with additional slips by March 20, 2017.
If you intend to cooperate with my request, 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 result in a Notice of Continuing Violation, as well as a court injunction
being sought ordering compliance.
A civil penalty of up to Ten Thousand Dollars ($10,000) plus investigative costs may be assessed, or an injunction or
criminal penalty may be sought against any person or entity who violates a CAMA Major Development permit. It is
the policy of the Coastal Resources Commission to assess a civil penalty 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 will depend on several factors,
including the nature and area of the resources that 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 (N.C.G.S. 113A-126).
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]. Upon completion of the restoration as requested in the Restoration
Plan Agreement to the satisfaction of the Division of Coastal Management. The Beach at Brick Landing POA will be
notified as to the amount of the civil assessment for failure to comply with the terms, conditions, or requirements of
such permit.
Sincerely,
Sean Farrell
Coastal Management Representative
Cc: Mike Lopazanski, Assistant Director, DCM
Debbie Wilson, District Manager, DCM
Roy Brownlow, Compliance Coordinator, DCM
State of North Carolina I Envnonmemal Quality I Coastal Mwgement
127 Cardinal Drive Ext.. Wilmington NC 28405
%0-7964215
ENCLOSURE:

The Beach at Brick Landing
State Permit No, 93-13
February 21, 2017
Page 3 of 3
RESTORATION PLAN
For
The Beach at Brick Landing Property
CAMA Violation No. 17-01
Property located at 1919 Stone Ballast Way, Brunswick County
1. Stop any additional work and submit a Major Modification request to include the additional
unauthorized boathouses and proposed 4th access pier with additional slips by March 20, 2017.
Or
2. Remove the two unauthorized boathouses from Pier 1
I, Mr. Billy Streets, agree to complete this restoration on behalf of the The Beach at Brick Landing POA to the
satisfaction of the Division of Coastal Management (DCM) by March 21, 2017, or provide an explanation for non-
compliance and a reasonable request for time extension. When corrective actions are complete, I will notify the DCM
so the work can be inspected.
SIGNATURE:
DATE:
It is the policy of the Coastal Resources Commission to assess a civil penalty plus investigative costs against all violations. The
amount assessed will depend upon several factors, including the nature and area of the resources that were affected and the
extent of the damage to them. If restoration is not undertaken or satisfactorily completed, a substantially higher civil assessment
will be levied and an injunction sought to require restoration.
RECEIVED
FEB 2 3 2017
State of North Carolina I EnYvonnm=1 Quality I Cnaafal Mmgement DCM- M H D CITY
127 Cardimi Drive Fit., W ihnington, NC 29405
910-7964215
ENCLOSURE:

IV
M ENFORCEMENT TRACKING REPORT —t
Rep, 5tm) FAtr t ( I Issuer Violation Case No. o� I' L
diance Rep. -VA-,-A AOLL'Nirsc -I Permit No. 13 ^ I;
(if applicable)
Violation Description
Initial Discovery Date 0
Violation Description
Respondent Names)
Address I) l
Phone # Kzq
Corporate Name &
1-7 Discovery Method
Fax
city
Was activity permittable? Yes / No
re: r"f*J*
idow nerfA gent/Contraxtor)
State zpZ$" 4q
Violation Type:
Project Type: Authorizations Required:
Site Visits Respondent Site Visits Respondent
❑ No Permit
0 Private/Community [R Major Z CAM4
Present
Present
❑ Permit Condition
❑ Govt/Public ❑ Minor ❑ D&F
w
❑
❑ Expired Perrrit
F], Commercial ❑ General
❑
❑
❑ Inconsistentw/Rules
Tier Level: I © III
❑
❑
Violation Location and Site Description
Lat/Long W`jb Hy: 15,�/� 11
23�NZ.y3"1r4
Project Location: County
Q('Ui1514/r�
r
Shoreline Length ^� 5%(0
Street Address/ State Road/ Lot #(s)
SAV: Not Sure Yes
No
{ S h't-e
U
/9jttL5 Wel
Sandbags: Not Sure Yes
No
Subdivision j� L`SCLt
,-lt
t AT 9„{[ LA."�
PNA. Yea
No Adjacent
City (�j(,. c"'\ �x,C
6[jYy� Zip .Z 64(
Yes
No Adjacent
dt. Halo. Yes
Crt.
ttR�ECEIVED
Phone #( YZ9) JiLe-1-31M -River Basin from bt/r
Photos Yes
ho
Adj.Wtr. Body
A-1,W0.1 (f4 man/unlm)
Waiver Required Yes
No FEB 2 3 Z017
Closest Maj. Mr. Body
�V�IJ�
In DVVQ BufferArea Yes
No
r-�
Specify DWQ Buffer if applicable
CITY
NOV Date a2 L1 ZDt�
CNOV Date
Penalty Assessment
Sent to Respondent Date
Rcvd. by List Mgr. Date
Assessment Extended Yes No
Extension Granted Yes No
Initial Req. Corry. Date D Zi l 1
Restoration Letter
Date Corry. Observed Acceptance Date
7J.0409 Ref.
Recorr n. Assess.
DCM Assess.
$
$
Total

Formal Assessments, Appeals and Reductions
Date Long Form Submitted AssessmentAppealed:YesNo
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 /Is) If yes, w hichtypes:
cw f) � ES PTS
OEA HHF UBA WA SA DS cJ SY A LS TY
avus Fr. SS Sc SP IF BF 404
Other:
Restoration Required by the Respondent es No
GM_ MHD CITY
Closing
payment Received $ Date Date Case Closed

11r_r5
cm
Coastol Monagemer t
ENVIRONMENTAL WA'_ 71
03/24/2017
CERTIFIED MAIL 7011 0110 0000 99471713
RETURN RECEIPT REQUESTED
The Beach at Bricklanding POA c/o Billy Street
1919 Stone Ballast Way
Ocean Isle Beach, NC 28469
RE: RESTORATION DEADLINE EXTENSION
CAMA VIOLATION CASE NO.17-011)
Dear Mr. Thomas:
ROY COOPER
c„'rint
MICHAEL S. REGAN
Se"rmn
BRAXTON DAVIS
Dincnu'
This letter confirms the March 21, 2017 letter in reference to the restoration time limit of March 21, 2017 for
removing the two unauthorized boathouses or applying for a Major Modification request that The Beach at
Bricklanding POA is legally responsible for within the Estuarine and Public Trust Areas of Environmental
Concern of the Atlantic Intracoastal Waterway at the property located at 1919 Stone Ballast Way in
Brunswick County, North Carolina. Notice of Violation case number 17-01 was issued to The Beach at
Bricklanding POA on February 21, 2017 for the unauthorized work and requested restoration.
Based on the letter received by DCM on March 21, 2017 and the circumstances surrounding this case, The
Beach at Bricklanding POA request to extend the restoration time limit is approved in order to allow you
additional time to comply with the requested restoration. The restoration time limit is extended to April 21,
2017. Please note that this extension is for a thirty (30) day period. The requested restoration must be
performed to the satisfaction of the Division of Coastal Management by the date indicated or provide an
explanation for non-compliance and a reasonable request for a time extension.
Thank you for your cooperation in resolving this important matter. If you have any questions about this or
related matters, please call me at [phone].
Sincerely,
4
Sean Farrell
Coastal Management Representative
Cc: Debra Wilson, District Manager, DCM
Roy Brownlow, Compliance Coordinator
RECEIVED
MAR 2 8 2017
DCM- NIHD CITY
127 Cardinal Drive Ext., Wilmington, North Carolina 28405-3845
Phone: [phone]\ FAX: [phone]\ Internet: www.necoastalmanagement.net
An Equal opportunity \ Affirmative Action Employer— 50% Recycled \ 10% Post Consumer Paper

Coastal ,4fanogemen r
ENVIF9NMEN-AL OLAL171
05/09/2017
CERTIFIED MAIL 7016 0910 0000 6171 4821
RETURN RECEIPT REQUESTED
The Beach at Brick Landing POA
c/o Billy Street
1919 Stone Ballast Way
Ocean Isle Beach, NC 28469
RE: VIOLATION(S) OF CAMA MAJOR DEVELOPMENT PERMIT NO.93-13
CAMA VIOLATION #17.01
Dear Mr. Street:
ROY COOPER
�'ncrrnnr
MICHAEL S. REGAN
Swemry
BRAXTON DAVIS
Dire, w,
RECEIVED
MAY 112017
DCM- MHD CITY
This letter acknowledges that our office received the application for Major Modification of Permit# 93-13 on April 28,
2017 which appears to be The Beach at Brick Landing POA's intent to comply with the Restoration Plan under CAMA
Violation #17.01, signed and dated March 7, 2017.
Please note that satisfactory completion of the Restoration Plan is dependent upon permit issuance and project
construction within a reasonable time frame. The above referenced application is currently being processed. There
will be an acknowledgment letter outlining the review period for the application to follow. Please contact me with any
questions or concerns regarding this matter at [phone].
Sincerely,
<)
Sean mall
Coastal Management Representative
Cc: Debbie Wilson, District Manager, DCM
Roy Brownlow, Compliance Coordinator, DCM
Tara MacPherson, DCM
State of North Carolina I Emiroomemzl Quality I Coastal Mamgemeot
127 Cardinal Drive Ext., Wilmington, NC 28405
910-796-7215