Violation_Durbin, Ronald E._19840717 (2)

s TOWN OF NAGS HEAD
NAGS HEAD, NORTH CAROLINA 27959
,July 17,'1984
VIA HAND DELIVERY
Mr. Ronald E. Durbin
First Flight Builders
P. 0. Box 67
Nags Head, N. C. 27959
FINED
JUL 2 51,84
QC%1 • Ec
ok.
Dear Ron:
As "be local permit officer for the Town of Nags Head, I am responsible
for processing minor development permits under the North Carolina Coastal
Area Management Act. It is my duty to inform you that a violation of this
act has occurred at the site of the Ocean Villas II Condominiums at lots 11,
12, 13 and the northern one-half of lot 14, block 5, Whalebone Beaches. The
violations have occurred in conjunction with the erection of a swimming pool,
walkways and a gazebo on this site.
During visits to the site of Ocean Villas II Condominiums on July 12 and
July 13, 1984, I discovered the following violations:
1. Land disturbing activity had taken place east of the crest of the
frontal dune.
2. Foundations for decking around the pool indicated that the square
footage of the decking will exceed the maximum square footage of decking allowed
east of the sixty -foot setback line.
3. Electrical and plumbing facilities had been installed east of the
sixty -foot setback line.
4. Significant removal of dune sand and dune vegetation under the pool
and around its perimeter had occurred.
You indicated on July 13, 1984, your willingness to cooperate -in -any way
necessary in order to bring this project into conformity with the regulations
of the Coastal Area Management Act. Please sign in the space provided on the
following page, indicating that you agree to the conditions and return this
form to me within two days.

Mr. Ronald E. Durbin
July 17, 1984
Page two
I will be glad to meet with you or your workers on the site when these
corrections are being made, if there are any questions. You may contact
me at 441-5508, Planning and Development Department at the Town of Nags Head.
Sincerely,
M. Edward Harrell
Local Permit Officer, CAMA
MEH/cl

..
AGREEMENT
0
I, , as authorized agent for First Flight
(Signature, Ronald E. Durbin)
Builders, Inc., agree to bring the site at Ocean Villas II into conformity
with Coastal Area Management Act regulations by:
1.. Eliminating a four (4) foot by fifty-six (56) foot section of pool decking
on the east side of the pool which has been erected east of the crest of
the frontal dune.
2. Relocating the pump system supplying the pool to a point west of the sixty
(60) foot setback line.
3. Eliminate the decking and gazebo originally proposed for the area north of
the pool.
4. In lieu of the structures proposed in #3 above, utilize six (6) foot wide
strips running east and west at the north and south extremities of the
pool decking as elevated walkways to the beach. These two elevated walk-
ways are to be extended to the eastern toe of the dune.
5. Fortify the frontal dune at the -north and south ends by bringing in com-
parable beach sand and forming a gentle slope on the western side of the
dune from the crest tapering down to a point approximately ten (10) feet
_west of;the pool decking/walkways. Surplus sand currently placed near
Virginia Dare Trail may be used for this purpose.
6. Reconstruct the frontal dune from crest line of original dune eastward
by using comparable beach sand. Surplus sand referred to in #5 may be
used.
7. Resprig with American Beach Grass or sea oats the area of environmental
concern which lies west of the first line of stable natural vegetation
(eighty-five (85) feet to the west of the first line of stable natural
vegetation for the width of the lot). This resprigging shall be completed
by September 15, 1984.
8. Install sand fencing over dune area.around pool to prevent wind erosion,
protect the vegetation and to channel foot traffic through the proposed
walkways located at the northern and southern ends of the. -,pool.
cc:'✓George Wood, Field Consultant
Patsy Govert, Minor Permit Administrator