49024_PRIVETTE, DOUGLAS_20070627

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1-1CAI1t1A /❑•DREDGE & FILL ,Y)/ 19''04
-. GENERAL PERMIT Previous permit# I
LINew ❑Modification El Complete Reissue ❑Partial Reissue Date previous permit issued
As authorized by the State of North Carolina, Department of Environment and Natural Resources
and the Coastal Resources Commission in an area of environmental concern pursuant to 15A NCAC {
❑ Rules attached.
Applicant Name Project Location: County
Address
City
State ZIP
Phone # ( )
Fax # ()
Authorized agent
/ tr, %
Affected ❑ Cw
❑ EW
❑•PTA des ❑ PTS
AEC(s): ❑ OEA
❑ HHF
❑ IH ❑ UBA ❑ N/A
❑ PWS:
❑FC:
ORW: yes / no
PNA
yes / no Crit.Hab. yes / no
Type of Project/ Activity
Pier (dock) length
Platform(s) )
Finger pier(s)
Groin length
number
Bulkhead/ Riprap length
avg distance offshore
max distance offshore
Basin, channel
cubic yards
Boat ramp
I
Boathouse/ Boatlif C-
I44;tT
Beach Bulldozing
Other
Shoreline Length ; a
SAV: not sure yes i no
Sandbags: not sure yes no
Moratorium: n/a yes no
Photos: yes r ng�
Waiver Attached: yes
A building permit may be required by:
Notes/ Special Conditions
Agent or Applicant Printed Name
Signature ** Please read compliance statement on back of permit **
Application Fee(s) Check #
Street Address/ State Road/ Lot #(s)
Subdivision
City ZIP
Phone # O River Basin "
Adj. Wtr. Body (nat L-an /unkn)
Closest Maj. Wtr. Body
(Scale: /
❑ See note on back regarding River Basin rules.
Permit Officer's Signature
Issuing Date • 'Expiration Date
Local Planning Jurisdiction Rover File Name

Statement of Compliance and Consistency
This permit is subject to compliance with this application, site drawing and attached general and specific conditions. Any
violation of these terms may subject the permittee to a fine or criminal or civil action; and may cause the permit to become
null and void.
This permit must be on the project site and accessible to the permit officer when the project is inspected for compliance. The
applicant certifies by signing this permit that 1) prior to undertaking any activities authorized by this permit, the applicant will
confer with appropriate local authorities to confirm that this project is consistent with the local land use plan and all local
ordinances, and 2) a written statement or certified mail return receipt has been obtained from the adjacent riparian
landowner(s) .
The State of North Carolina and the Division of Coastal Management, in issuing this permit under the best available
information and belief, certifythatthis project is consistent with the North Carolina Coastal Management Program.
River Basin Rules Applicable To Your Project:
❑ Tar - Pamlico River Basin Buffer Rules ❑ Other:
❑ Neuse River Basin Buffer Rules
If indicated on front of permit, your project is subject to the Environmental Management Commission's Buffer Rules for the
River Basin checked above due to its location within that River Basin. These buffer rules are enforced by the NC Division of
Water Quality. Contact the Division of Water Quality at the Washington Regional Office (252-946-6481) or the Wilmington
Regional Office (910-796-7215) for more information on how to comply with these buffer rules.
Division of Coastal Management Offices
Raleigh Office Morehead City Headquarters
Mailing Address: 400 Commerce Ave
1638 Mail Service Center Morehead City, NC 28557
Raleigh, NC 27699-1638 252-808-2808/ 1-888ARCOAST
Location: Fax: [phone]
2728 Capital Blvd.
Raleigh, NC 27604
919-733-2293
Fax:[phone]
(Serves: Carteret, Craven, Onslow -above
New River Inlet- and Pamlico Counties)
Elizabeth City District
1367 U.S. 17 South
Elizabeth City, NC 27909
252-264-3901
Fax:[phone]
(Serves: Camden, Chowan, Currituck,
Dare, Gates, Pasquotank and Perquimans
Counties)
Washington District
943 Washington Square Mall
Washington, NC 27889
252-946-6481
Fax: [phone]
(Serves: Beaufort, Bertie, Hertford, Hyde,
Tyrrell and Washington Counties)
Wilmington District
127 Cardinal Drive Ext.
Wilmington, NC 28405-3845
910-796-7215
Fax:[phone]
(Serves: Brunswick, New Hanover,
Onslow -below New River Inlet- and
Pender Counties)
Revised 08/09/06

NCD�N�t
North Carolina Department of Environment and Natural Resources
Division of Coastal Management
Michael F. Easley, Governor Charles S. Jones, Director William G. Ross Jr., Secretary
Date Q7
Applicant Name
Mailing Address
- A(
s
I certify that I have authorized (agent) � L" to act on my
behalf, for the purpose of applying for and obtaining all CAMA Permits necessary to
install or construct (activity) & C-/1C C oNS f '-'4C' :'/
at (location)1O 6���0/� L�_ A& N�
This certification is valid thru (datel
Signature
400 Commerce Avenue, Morehead City, North Carolina 28557
Phone: [phone] \ FAX: [phone] \ Internet: www.nccoastaimanagement.net
An Equal Opportunity \ Affirmative Action Employer - 50% Recycled \ 10% Post Consumer Paper

AJJJ AI;LIN I KIYAKIAIN YK"FER 1 Y V W AEK N I A I EIVIL IN I
(FOR A PIER/MOORING PILINGSIBOATLIFT/BOATHOUSE)
j I hereby certify that I own property adjacent to _ 's
(Name of Property Owner or Applicant)
Mailing address if different from location address
(town, state and zip)
phone numbers you can be reached at
property located at 99,04,0 1'4o It Cs e4-- l4 Ale.
(Lot, Block, Road, etc.)
on oa�� SmuN , in { lows rc (�c,(n . , N.C.
( erbody) (Town and/or County)
He has described to me, as shown below, the development he is proposing at that location,
and, I have no objections to his proposal. I understand that a pier/mooring pilings/boatlift/boathouse
must be set back a minimum distance of fifteen feet (15) from my area of riparian access unless
waived by me.
I do not wish to waive the setback requirement.
initials
I do wish to waive that setback requirement.
mitiais
-------------------------------------------------------------------------------------------------------------------
DESCRIPTION AND/OR DRAWING OF PROPOSED DEVELOPMENT:
(To be filledpin by individual proposing development)
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Signature
Print or Type Name
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Telephone Number
Date: 9— 3 b
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AJJ,J Al Ei 1N I KIYAKIAIN YKVYER I Y U WINE' K N l A l HL1VIE N l
(FOR A PIER/MOORING PILINGSIBOATLIFT/BOATHOUSE)
r
I hereby certify that I own property adjacent to
's
(Name of Property Owner or Applicant)
Mailing address if different from location address .3 oZ ? ' �iCl ,
J
(town, state and zip) C-2T-C-'P0'LJAe.
phone numbers you can be reached at Q.Sa '-�1 q �— 87
property located at „Dot C.nC-e-6C �s• ,
(Lot, Block, Road, etc.)
on C)'C 10— in ��r�• arc. �c t'n . , N.C.
(Water ody) (Town and/or County)
He has described to me, as shown below, the development he is proposing at that location,
and, I have no objections to his proposal. I understand that a pier/mooring pilings/boatlift/boathouse
must be set back a minimum distance of fifteen feet (15) from my area of riparian access unless
waived by me.
I do not wish to waive the setback requirement.
initials
I do wish to waive that setback requirement.
initials
-------------------------------------------------------------------------------------------------------------------
DESCRIPTION AND/OR DRAWING OF PROPOSED DEVELOPMENT:
(To be f lled in by individual proposing development)
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Signature
455
Print or T Name
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Telephone Number
Date: r —_L— C
www.nccoastalmanagement.netIPermits/ADJACENTRiPARIANPROPERTYOWNERSTATEMENT. pdf

A�
NCDENR
North Carolina Department of Environment and Natural Resources
Division of Coastal Management
Michael F. Easley, Governor James H. Gregson, Director William G. Ross Jr., Secretary
CERTIFIED MAIL
RETURN RECEIPT REQUESTED
NOTICE OF VIOLATION
June 21, 2007
Mr. Raj Jain
Ms. Michelle Pharr
Landmark Hotel Group
1601 South Virginia Dare Trail
Kill Devil Hills, NC 27948
RE: NOTICE OF VIOLATION AND REQUEST TO CEASE UNAUTHORIZED DEVELOPMENT
CAMA MINOR VIOLATION #07-25A
Dear Mr. Jain and Ms. Pharr:
This letter is in reference to a Notice of Violation, CAMA Minor Violation #07-25, issued to you on May 3,
2007 for unauthorized development of an oceanfront deck at the Comfort Inn, 8031 Old Oregon Inlet Road,
Nags Head, Dare County and adjacent to the Atlantic Ocean. This letter is also in reference to a meeting
held at the Elizabeth City Field Office on May 24, 2007 and attended by both of you, as well as your
engineer, Mr. John DeLucia of Albemarle & Associates, your building contractor, Mr. Derek Hatchell, Lynn
Mathis, Field Representative for the Division of Coastal Management, Yvonne Carver, Administrative
Assistant for the Division, and me. The meeting was held at your request to discuss specific issues
involved with the unauthorized development of the oceanfront deck at the Comfort Inn. At the meeting, a
scaled drawing of the deck, as built, was requested by me. A drawing, stamped and sealed by Mr.
DeLucia, was received in our office on June 14, 2007.
Based on a review of the submitted drawing, 2,336 square feet of the structure has been rebuilt as new and
651 square feet of the structure was repaired by placing new decking boards over existing decking, which
makes the total area of the structure, as built, 2,987 square feet. The percentages for the structure are
78% replaced and 22% repaired. The 723 square feet that is described as not replaced represents an area
of the old deck that was removed and not replaced. This area is not used for calculating percentages since
it is no longer part of the existing structure.
Therefore, information gathered by me shows that you have undertaken minor development in violation of
the Coastal Area Management Act. No person may undertake minor 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.) 113A-118.
1367 U.S. 17 South, Elizabeth City, North Carolina 27909
Phone: [phone] \ FAX: [phone] \ Internet: www.nccoastalmanagement.net
An Equal Opportunity \ Affirmative Action Employer — 50% Recycled \ 10% Post Consumer Paper

Landmark Hotel Group
June 21, 2007
Page 2 of 4
I have information that you have undertaken, or are legally responsible for, minor development by the
demolition and reconstruction as new of approximately 2,336 square feet of the aforementioned oceanfront
deck and improvements that include the addition of a new deck floor over approximately 651 square feet
and the complete removal of approximately 723 square feet of the old deck. This work represents
replacement of approximately 78% of the deck as is, as well as repairs of the remaining 22%; therefore, the
work is considered replacement. This activity took place in the Ocean Erodible Area and the High Hazard
Flood Area that are contiguous with the Atlantic Ocean. The Ocean Erodible and the High Hazard Flood
Area are designated as Areas of Environmental Concern (AEC). No permit was issued to you for work in
this area. Based on these findings, I am initiating an enforcement action by issuing this Notice of Violation
for violation of the Coastal Area Management Act.
I request that you immediately CEASE AND DESIST any further development and contact me about this
important matter. A civil assessment of up to $250 may be assessed against any violator. Each day that
the development described in this Notice is continued or repeated may constitute a separate violation that
is subject to an additional assessment of $250. An injunction or criminal penalty may also be sought to
enforce any violation in accordance with N.C,G.S. 113A-126.
It is the policy of the Coastal Resources Commission to assess a minimum civil penalty of $100 against all
violations of this type, 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 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.
Based upon the North Carolina Administrative Code, Title 15A, Subchapter 07H. State Guidelines for Areas
of Environmental Concern, the activity you have undertaken, replacement of an oceanfront deck in the
Ocean Erodible Area and High Hazard Flood Area AEC(s), is not consistent with Section 15A NCAC
07H.0309, Use standards for Ocean Hazard Areas: Exceptions. Therefore, I am requesting that all the
unauthorized deck area waterward of the first line of stable natural vegetation (FLSNV) be removed and all
except for 500 square feet of the unauthorized deck landward of the FLSNV be removed. A 6-foot wide
personnel access along the building may remain in place. Please refer to the enclosed Restoration
Agreement.
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,

Landmark Hotel Group
June 21, 2007
Page 3of4
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 REQUEST TO CEASE AND DESIST has been complied with. I request that you
contact me immediately.
Thank you for your time and cooperation in resolving this important matter. Upon completion of the
restoration as requested in the Restoration Plan Agreement to the satisfaction of the Division, you will be
notified by the Division as to the amount of a civil assessment for undertaking development without first
obtaining the proper permit(s).
Sincerely,
,4"4'j /9. �-
Frank A. Jennings, III
District Manager, Northeast District
FAJ/ybc
Enclosure
Cc: M. Ted Tyndall, Assistant Director, DCM, Morehead City
Roy Brownlow, Compliance Coordinator, DCM, Morehead City
Lynn Mathis, Coastal Management Representative, DCM, Elizabeth City
Charles Cameron, Town Manager, Town of Nags Head

Landmark Hotel Group
June 21, 2007
Page 4 of 4
RESTORATION PLAN
For
Landmark Hotel Group
CAMA Minor Violation #07-25A
Property located at 8031 Old Oregon Inlet Road, Nags Head, Dare County
i}T'LAIV-ri c oc6A+J ?
Rem O V G:-
I, Raj Jain, agree to complete this restoration to the satisfaction of the Division of Coastal Management by
September 10, 2007, or provide an explanation for non-compliance and a reasonable request for time
extension. When corrective actions are complete, I will notify the Elizabeth City Field Office so the work can
be inspected.
SIGNATURE:
DATE:
It is the policy of the Coastal Resources Commission to levy a minimum civil assessment of $100 and higher against all violations of
this type depending upon the damage to the resources. If restoration is not undertaken or satisfactorily completed, a substantially
higher civil assessment will be levied and an injunction sought to require restoration.

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MOREHEAD CITY, NC 28557-0093` >��t o ;
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