83-001_Sykes, Alice / Sea Ranch Motel_19830331 (2)

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Locai voverprment
State of North Carolina
Department of Natural Resources
and Community Development
Office of Coastal Management
pppnb'83 ;
CAIv1A
MINOR DEVELOPMENT
""ERMIT
as authorized by the State of North Carolina, Department of Natural Resources
and Community Development and the Coastal Resources Commission for develop-
ment in an area of environmental concern pursuant to Section 113A-118 of the
General Statutes, "Coastal Area Management."
Issued to Ms. Al ice Sykes/Sea Ranch Motel
83-001
Permit Number
authorizing development in the Atlantic Ocean at the Sea Ranch Motel in Kill
Devil Hills as requested in the permittee's application dated ajj "a A$
This permit, issued on March 31. 1983 , is subject to compliance with the application and site drawing
(where consistent with the permit), all applicable regulations and special conditions and notes set forth below. Any violation of these
terms may subject permittee to a fine, imprisonment or civil action; or may cause the permit to be null and void.
1. A minimum of two (2) signs no smaller than 12" by 18" will be placed and maintained on
poles on the ocean beach at least 6' above ground level that will indicate the areas to
fisherman, surfers, and bathers that the structure(s) or device(s) are present offshore.
2. The structure(s) or device(s) will be removed at the expense of the applicant should
they ever be documented as being a nuisance to private property or to the public well-
being. ("Nuisance" will be defined as any interference with reasonable use of public
,-� trust waters or the ocean beaches for navigation, swimming, fishing, sunbathing or other
recreational uses.)
3. The structure(s) or device(s) will be aligned no closer to the MHW ocean beach shoreline
than 300'.
Note: In issuing this permit the State of North Carolina in,no way acknowledges the effec
tiveness as an erosion control device the product known as "Seacape".
This permit action may be appealed by the permittee or
other qualified persons within twenty (20) days of the issuing
date. From the date of an appeal, any work conducted under this
permit must cease until the appeal is resolved.
This permit must be on the project site and accessible to the
permit officer when the project is inspected for compliance.
Any maintenance work or project modifications not covered
under this permit require further written permit approval.,
All work must cease when this permit expires on
March 31, 1986
In issuing this permit it is agreed that this project is consis-
tent with the local Land Use Plan and all applicable ordinances.
This permit may not be transferred to another party without
the written approval of the Office of Coastal Management.
: aR. prc:IJ
Local Permit Officer (signature)
Nelson G. Paul
Office of Coastal Management naive
108 S. Water Street
address
Elizabeth City, NC 2J909
Permitee (sl;nature required if spcclal conditions above - ply to permit).

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North Carolina Department of Natural
Resources &Community Development
James Q. Hunt, Jr., Governor Joseph W. Grimsley, Secretary
Field Services Section
108 S. Water Street
Ms. Alice Sykes
Sea Ranch Hotel
Kill Devil Hills, NC 27948
OFFICE OF
COASTAL MANAGEMENT
Elizabeth City, NC 27909
[phone]
March 31, 1983
Re: CAMA minor development permit for the placement of ?Seascape"
in the Atlantic Ocean in Kill Devil Hills, Dare County.
Dear Ms. Sykes:
Kenneth D. Stewart
Director
Telephone [phone]
This letter will confirm my March 29, 1983 conversation with
_ your associate, Mr. George Powell, at the Sea Ranch Hotel in Kill
`. Devil Hills. Our conversation centered around the legal and procedural
problems encountered by this office and the Town of Kill Devil Hills
in providing the proper permit authorization to the Sea Ranch Hotel
and others for the placement of "Seascape" along approximately
1600' of ocean shoreline in Kill Devil Hills.
As Mr. Powell and I discussed, our department legal staff have
researched this project and have advised me the Town of Kill Devil
Hills does not have the legal authority to issue CAMA minor development
permits for projects in the Atlantic Ocean that are below the
mean low waterline. The town acted in good faith in issuing this permit
as even this field office thought the decision had been made correctly.
However, it has been determined by our legal staff this office legally
should have been the permit issuing agency.
The proper CAMA minor development permit authorizing this work
from this office has been enclosed in this letter. The conditions
of this permit are designed to protect the public from the possible
hazards posed by this device. If you agree with the conditions of
this permit you are asked to sign the original and the copy in the
indicated space. We ask you return the permit copy in the enclosed
stamped, self addressed envelop which will become part of our file.
If you do not find these conditions acceptable you should contact me
immediately.
If you have any questions concerning this or any other related
matter, please feel free to contact me at my Elizabeth City office.
1'. 0. Box 276.87 Ra;eigh, N. C. 2.7611-7687— -

_l
Page 2
Ms. Alice Sykes
Cordially yours,
Nelson G. Paul
Coastal Management Consultant
NGP/gmh
Enclosures
cc Ken Stewart, Director, OCM, Raleigh, NC 27611
Preston Pate, Chief, Field Services, OCM, Morehead City, NC 28557
Lloyd Ballance, Kill Devil.Hills Town Manager, Kill Devil Hills, NC 27948
Hugh Heine, U. S. Army Corps of Engineers, Wilmington, NC 28403

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Local Government
83-001
Permit Number
State of North Carolina
Department of Natural Resources LAMA
and Community Development MINOR DEVELOPMENT
Office of Coastal Management
PER M I T
as authorized by the State of North Carolina, Department of Natural Resources
and Community Development and the Coastal Resources Commission for develop-
ment in an area of environmental concern pursuant to Section 113A-118 of the
General Statutes, "Coastal Area Management."
Issued to Ms. Alice Sykes/Sea Ranch Motel
authorizing development in the Atl antic Ocean at the Sea Ranch Motel in Kill
Devil Hills as requested in the permittee's application dated -�.�- :fir_ _?lj 1983
This permit, issued on 3jI983 , is subject to compliance with the application and site drawing
(where consistent with the permit), all applicable regulations and special conditions and notes set forth below. Any violation of these
terms may subject permittee to a fine, imprisonment or civil action; or may cause the permit to be null and void
1. A minimum of two (2) signs no smaller than 12" by 18" will be placed and maintained on
poles on the ocean beach at least 6' above ground level that will indicate the areas to
fishermen, surfers, and bathers that the structure(s) or device(s) are present offshore.
2. The structure(s) or device(s) will be removed at the expense of the applicant should
they ever be documented as being a nuisance to private property or to the public well-
being. ("Nuisance" will be defined as any interference with reasonable use of public
trust waters or the ocean beaches for navigation, swimming, fishing, sunbathing or other
recreational uses.)
3. The structure(s) or device(s) will be aligned no closer to the MHW ocean beach shoreline
than 300'.
Note: In issuing this permit the State of North Carolina in,no way acknowledges the effec=.
tiveness as an erosion control device the product known as "Seacape".
This permit action may be appealed by the permittee or
other qualified persons within twenty (20) days of the issuing,
date. From the date of an appeal, any work conducted under this
permit must cease until the appeal is resolved.
This permit must be on the project site and accessible to the
permit officer when the project is inspected for compliance.
Any maintenance work or project modifications not covered
under this permit require further written permit approval.
All work must cease when this permit expires on
March 31, 1986.
In issuing this permit it is agreed that this project is consis-
tent with the local Land Use Plan and all applicable ordinances.
This permit may not be transferred to another party without
the written approval of the Office of Coastal Management.
Local Permit Officer (signature)
Nelson G. Paul
Office of Coastal Management name
108 S. Water Street
address
Elizabeth City, NC 2�909
Perm!' ee (signature required if special conditions above apply to permit)

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OFFICE OF
COASTAL MANAGEMENT
AN I North Carolina Department of Natural Kenneth D. Stewart
1. 9-7 Resources &Communit Development
Develo ent Director
James B. Hunt, Jr., Governor Joseph W. Grimsley, Secretary Telephone919!733-2293
Field Services Section
108 S. Water Street
Elizabeth City, NC 27909
[phone]
March 31, 1983
Mr. Ralph D. Calfee
Box 177
Ki-tty Hawk, NC 27949
Dear Mr. Calfee:
This letter is in reply to your letter of March 9, 1983 to Mr. W. C.
(Billy)!=Gray, CAMA local permit officer for the Town of Kill Devil Hills,
which provided comments relative to the placement of "Seascape" along approximately
1600' of ocean beach shoreline in the vicinity of the Sea Ranch Hotel, in
Kill Devil Hills, Dare County. Basically, your comments were questioning the
consistancy with Coastal Resources Commission regulations of the issuance of
a CAMA minor development permit authorizing the placement of tht "Seascape"
erosion control device along this stretch of shoreline.
The state has assumed the responsibility of issuing this CAMA minor
development permit. Research by department legal staff has indicated the
authority of coastal towns and counties to issue CAMA minor development permits
stops at the mean low water line of the Atlantic Ocean. The previous permit
action by the Town of Kill Devil Hills, though done in good faith, is null
and void.
As you are well aware, "Seascape" is a relatively new and experimental
product that has made this theoretical method of erosion control retatively
inexpensive to beach property owners. Structures based on this principle
have been tried in the past in other areas without any conclusive success of
accumulating sand on ocean beaches.
To our knowledge, there is no conclusive cause and effect relationship
between the presence of ''Seascape" and the accumulation or redistribution
of sand on ocean beaches at this time.
The intent of the Coastal Resources Commission in adopting regulations:
restricting the use of "hard" erosion control structures (such as groins,
jetties, and bulkheads) was to protect the public rights to our ocean beaches.
"Hard" erosion control structures tend to interfere with normal usage by the
public of the beach for sunbathing, swimming, driving, fishing, and other
recreational uses. Your comments do have substance, and a strict application
of our regulations in this would seem to prevent the placement of these devices.
However, because of Seascape's "soft" nature and the distance offshore it is
planned to be placed, we have determined the potential adverse impacts to
__ P: 0. 3ox27GSTRaleigh, ^L C. 27611-7687

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Page 2
Mr. Ralph D. Calfee
the public can be accounted for with our permit conditions.
Your comments have raised a lot of questions and have been partly responsible
for the prompting this office into investigating the development of standards
to guide this type of development. As we develop these standards in the
coming months, any input you may wish to provide will be appreciated. As
time will allow, this office will be periodically visiting this site to
monitor the effectiveness of Seascape, in an attempt to evaluate it's value
and drawbacks as an erosion control device.
This office has issued the proper CAMA minor development permit which
will authorize this placement of Seascape by the Sea Ranch. To explain this
situation, I have enclosed the permit cover letter addressed to Ms. Sykes and
a copy of the permit on which.you will see our special conditions.
I hope to speak with you
me at my Elizabeth City office
any other related matter.
NGP/gmh
Enclosure
sometime in person. Please feel free to call
if you have any questions concerning this or
Cordially yours,
L-.��..J.
Nelson G. Paul
Coastal Management Consultant
cc: Ken Stewart, Director, OCM, Raleigh, NC 27611
Preston Pate, Chief, Field Services, OCM, Morehead City, NC 28557
Lloyd Ballance, KDH Town Manager, Kill Devil Hills, NC 27948
Hugh Heine, U. S. Army Corps of Engineers, Wilmington, NC 28403