20081615 Ver 5_CAMA Notice of Violation_Cease & Desist_20190409

Strickland, Bev
From:
Pietila, Tanya K
Sent:
Tuesday, April 09, 2019 12:16 PM
To:
Davis, Braxton C; [e-mail]; Mairs, Robb L;
[e-mail]; Brownlow, Roy
Cc:
Coats, Heather; MacPherson, Tara
Subject:
CAMA Notice of Violation/Cease & Desist: TI Coastal, PLLC
Attachments:
NOV 19-09D TI Coastal PLLC.pdf
Good afternoon,
Attached, please find NOV 419-09D referencing unauthorized development in Topsail Beach by Chris Gibson of TI
Coastal, PLLC in Pender County.
If you have any questions, please email Heather Coats at heather.coatsgncdenr.gov or give her a call at [phone].
Thanks all!
Tanya Pietila
Administrative Support
NC Department of Environmental Quality
NC Division of Coastal Manaeement
127 Cardinal Drive Ext.
Wilmington, NC 28405
Phone: [phone]
[e-mail]
F0. coftvam
E-mail correspondence to and from this address
may be subject to the North Carolina Public
Records Law and may be disclosed to third parties.
1

ROY COOPER
Governor
MICHAEL S. REGAN
Secretary
BRAXTON C. DAVIS
Director
NORTH CAROLINA.
Environmental Quality
CERTIFIED MAIL No. 7018 2290 0001 8295 7508
RETURN RECEIPT REQUESTED
April 9, 2019
TI Coastal, PLLC
387-B N. Green Meadow Dr.
Wilmington, NC 28405
RE. Notice of Regulatory Requirements and Stop Work Notice CASE #19-09D
Dear Mr. Gibson:
This letter confirms that on March 20, 2019, I was onsite at the oceanfront beach adjacent to the
Atlantic Ocean between Drum Avenue and Godwin Avenue located in Topsail Beach, Pender
County, North Carolina. The purpose of the visit was to monitor permitted development at the
aforementioned property. This also confirms our meeting on March 21, and email received from
you on March 22, 2019.
Information gathered by me for the NC Division of Coastal Management indicates that TI Coastal,
PLLC's actions as engineer and agent for the Town of Topsail Beach directed development in
violation of the terms and conditions of CAMA Major Development/Dredge and Fill Permit No.
53-16 and General Permit No. 71735 ["the Permits"], which were issued to the Town of Topsail
Beach [the "Town"] by the Coastal Resources Commission and the North Carolina Department of
Environmental Quality. Permit No. 53-16 authorized dredging of Topsail Inlet and associated
channels and the concomitant beach nourishment of the Town's oceanfront beach via construction
of a berm with a maximum elevation of+6' NGVD29. General Permit No. 71735 authorized dune
repair through truck haul of upland -sourced sand or beach bulldozing. Construction was
subsequently authorized to repair the dune through beach bulldozing and subsequent beach fill of
a berm to an elevation of +6' NGVD29, as outlined in your email and revised plans sent January
21, 2019, email and plans sent on January 30, 2019, and discussed in the pre -construction meeting
held in Topsail Beach on February 18, 2019.
�FQ
North Carolina Department of Environmental Quality I Division of Coastal Management
Wilmington Office 1 127 Cardinal Drive Extension I Wilmington, North Carolina 28405
910.7967215

I have information that the contractor undertook unauthorized development under TI Coastal,
PLLC's direct supervision through construction of approximately 2,000' of unauthorized berm
measuring approximately 40 feet wide by 6 feet high, using dredged material placement, which
was not within the permitted plans and specifications of the Permits.. This activity took place in
the Ocean Hazard area that is contiguous with the Atlantic Ocean. Ocean Hazard areas are
designated as Area(s) of Environmental Concern (AEC).
All unauthorized work beyond the scope of the permits shall cease and desist and comply with
the terms and specifications of the Permits.
Continuation of unauthorized work after receipt of this Notice may constitute a violation of the
Act. Violations of the Act and State's Dredge and Fill law are subject to civil and/or criminal
penalties as provided by North Carolina General Statutes (NCGS) 113A-126 and 113-229(k). 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 of civil penalties provided there is
voluntary compliance and adherence to the conditions of the Permits. No other further action is
necessary other than compliance with the conditions and specifications of the permits.
Thank you for your time and cooperation in resolving this important matter. I am willing to assist
you in complying with the requirements of these laws and permits. Site inspections will be made
in the near future to monitor compliance with the Permits.
Sincerely,
Grp 0' 42:Z3
Heather Coats
Beach & Inlet Management Project Coordinator
Cc: Braxton Davis, Director, DCM
Roy Brownlow, Compliance Coordinator, DCM
Tara MacPherson, Field Specialist, DCM
Liz Hair, USACE
Robb Mairs, DWR
Michael Rose, Town of Topsail Beach
�"ft UN
North Carolina Department of Environmental Quality I Division of Coastal Management
Wilmington Office 1127 Cardinal Drive Extension I Wilmington, North Carolina 28405
910.796.nlS