15-18A Power

PAT MCCRORY
W5
CoostalManogemenr
ENVIRONMENTAL OUALITY
February 4, 2016
Mr. John Power
The Blue Point
P.O. Box 8399
Duck, NC 27949
DONALD R. VAN DER CAART
BRAXTON DAVIS
RE.- Payment of Proposed Penalty for Violations of the Coastal Area ManagementAct,
Dare County, CAMA Violation #15-18A
Dear Mr. Power:
This letter will acknowledge receipt of your Check #17104, in the amount of $375, and
received today, February 4, 2016. Once the amount of the check is credited to the
Department of Environmental Quality s account, this matter will be fully and completely
closed.
If you have any further questions concerning this matter, please contact me at my Elizabeth
City office at 252-264-3901.
Sincerely,
Frank Jenni gs, District Manager
Northeastern District
Division of Coastal Management
FJ/yc
cc: Roy Brownlow, Compliance Coordinator, DCM, Morehead City
Ron Renaldi, Coastal Management Rep., DCM, Elizabeth City
Sandy Cross, Local Permit Officer, Town of Duck
0' Jf 0$ft
--'"NothingCompares pare s
State of North Carolina I Eawronmental Quality I Coastal Mmsge ae t
1367 US Hwy 17 South I Elizabeth City, NC 27909
252-264-3901 1252-264-3723 [fa]
RECEIVED
FEB 12 2016
DCM- MHD CITY

Received
FEB 0 4 7016
CAMA VIOLATION #15.18A DMEC
John Power
AGREEMENT TO PAY PROPOSED CIVIL ASSESSMENT
I understand that the staff of the Department of Environment and Natural Resources will propose the
assessment of a civil penalty in the amount of $375.00 against me for violation of the Coastal Area
Management Act, NCGS 113A-100 et sec, committed on or near 1240 Duck Road (The Blue Point
restaurant), in Dare County, North Carolina. In order to resolve this matter with no further action or expense
on my part, I accept responsibility for the violation as described in the Notice of Violation letter dated
November 16, 2015, and agree to pay the proposed civil assessment of $375.00.
l--.2y fG
DATE
ATURE
pD, �3�q
ADDRESS
TELEPHONE NUMBER
RECEIVED
FEB 12 2016
DCM- MHD CITY

NC Division of Coastal Management
Cashier's Official Receipt
1327 (�—)jri C D
Received From:
Permit No.: , `� S / y 14
Applicant's Name: 1 �a V4 k-(� .
Project Address: / Z- 7 o P Lk<' K
Date: 20. / ('o
i / c � > o
Check No.: / % i9V
County: �G �e-
Please retain receipt for your records as proof of payment for permit issued.
Signature of Agent or Applicant: T. C d `�` b `� M a Date:
Date:
Signature of Field Representative:

LOCAL PERMIT OFFICER ENFORCEMENT REPORT FOR MINOR VIOLATIONS
CASE NO. (Obtain from DCM office): 15 -18A PERMIT NO. (If Applicable):
LPO'S NAME: Sandy Cross LOCALITY: Town of Duck
COASTAL MANAGEMENT REPRESENTATIVE: Ron Renaldi
a
1 2015
RESPONDENT'S NAME:
John Power
MAILING ADDRESS: PO
Box 8399
CITY: Duck
STATE: NC ZIP:
27949 PHONE NO.:
2-92-202-2827
COUNTY: Dare NEARESTIADJACENT WATER BODY: Currituck Sound
PREVIOUS VIOLATIONS (CHECK LOCAL FILES AND CALL DCM OFFICE): NO ❑ YES ❑x � 1240 Duck Rd
under Allis
DATE OF ENFORCEMENT LETTER: November 16, 2015 Holdings, LLC
ADDRESSILOCATION OF VIOLATION: 1240 Duck Road/The Blue Point
VIOLATION DESCRIPTION:
installation of a clear roof under permitted Pergola through
variance process (CRC-VR-12-11)and construction of exterior bar
within the 30' estuarine buffer
VIOLATION TYPE: ❑MINOR CAMA ❑x VIOLATION OF PERMIT
CONDITIONSISPECIFICATIONS
❑ STOP WORK ORDER (WORK IN PROGRESS)
RESTORATION REQUIRED: AYES ❑NO DATE REQUIRED FOR COMPLETION: 12/16/2015
DATE RESTORATION COMPLETED- SITE INSPECTION DATE: 12 /22 /2 015
or PERMIT ISSUE DATE:
AEC TYPE: P
ESTUARINE SHORELINE PUBLIC TRUST SHORELINE
OCEAN ERODIBLE AREA HIGH HAZARD FLOOD AREA
INLET HAZARD AREA UNVEGETATED BEACH AREA
FOR DCM OFFICE USE ONLY
RECOMMENDED ASSESSMENT AMOUNT:$3-4S.00 REFERENCE110409
DATE REPORT RECEIVED: Dec.cr•��x.i '�I � aol S ASSESSED AMOUNT: $ 3
5,
DATE OF ASSESSMENT LETTER: 14n.w ry 1S A016 DATE PAYMENT RECEIVED:
AMOUNT RECEIVED: 3 r7 5" CLOSURE DATE
WILLFUL AND INTENTIONAL PENALTY: ❑ (ATTACH DOCUMENTATION) RECEIVED
a�xaC; Ixr sc,v.JdA r3 00
F.C-'-- = 10 0 .00 FEB 12 2016
T0�-Gk = 3� s.0D DCM- MHD CITY

Coastal Management
BNVIRANMBNTAL OVALITY
January 25, 2016
CERTIFIED MAIL #70151520 0003 5515 4011
RETURN RECEIPT REQUESTED
John Power
The Blue Point
P.O. Box 8399
Duck, NC 27949
RE: CAMA VIOLATION #15-18A
Dear Mr. Power:
PAT MCCRORY
Cvwrro�
DONALD R. VAN DER VAART
&Vnw}
BRAXTON DAVIS
onector
This letter is in reference to the Notice of Violation dated November 16, 2015 that Sandy Cross, Local Permit
Officer for the Town of Duck, issued to you for the installation of a roof on an authorized pergola and adding
a bar with associated equipment at The Blue Point restaurant, 1240 Duck Road, in the Town of Duck, Dare
County. The violation involved the Estuarine Shoreline, which is an Area of Environmental Concern
designated by the Coastal Resources Commission. Based upon the site visit conducted on December 22,
2015 by Sandy Cross, the restoration requested appears to be complete to the satisfaction of the Local Permit
Officer.
The Coastal Area Management Act provides that a civil assessment of up to $1,000 may be assessed for
any violation. It is the policy of the Coastal Resources Commission to assess a civil penalty for all violations
in order to recover some of the costs of investigating violations and/or to compensate the public for any
damage to its natural resources.
Under the rules of the Coastal Resources Commission, a proposed civil penalty in the amount of $375.00 is
appropriate for this violation. You may expeditiously resolve this matter prior to the assessment of a formal
civil penalty by accepting responsibility for the violation and paying the amount proposed above. In order to
do this, you must: (1) sign one of the attached copies of an "Agreement to Pay Civil Assessment;" (2) attach
a check or money order for $375.00 made payable to the North Carolina Department of Environment and
Natural Resources (NCDENR); and, (3) return the signed agreement and payment to this office in the
enclosed, self-addressed envelope within ten (10) days of your receipt of this letter. Upon deposit of your
check in the Department's account, you will receive a Notice of Compliance officially closing this enforcement
action.
If you do not send a signed agreement and payment to this office within ten (10) days, the Director of the
Division of Coastal Management will formally assess a civil penalty against you. You will then have the
opportunity to request a hearing on the penalty or request settlement of the penalty.
"Nothing Compares.- , RECEIVED
State of North Carolina I Environmental Quality I Coastal Management JH N 2 9 2016
1367 US Hwy 17 South I Elizabeth City, NC 27909
252-264-39011252-264-3723 [fax]
DCM^ MHD CITY

John Power
January 25, 2016
Page 2 of 3
Thank you for your time and cooperation in resolving this important matter. If you have any questions, please
do not hesitate to contact me at [phone].
Sincerely,
Frank Jennings
District Manager, Northeastern District
Division of Coastal Management
FJ/rar
Enclosures
cc: Hoy OTH18T,�tiortlttfidttlt"DGtv1°`� '~ Y, . _-,..--
Lynn Mathis, Field Specialist, DCM
Sandy Cross, Local Permit Officer
Jim Braithwaite, Property Owner
RECEIVED
JAN 2 9 2016
DCM- MHD CITY

CAMA VIOLATION #15-18A
John Power
AGREEMENT TO PAY PROPOSED CIVIL ASSESSMENT
I understand that the staff of the Department of Environment and Natural Resources will propose the
assessment of a civil penalty in the amount of $375.00 against me for violation of the Coastal Area
Management Act; NCGS 113A-100 et sec, committed on or near 1240 Duck Road (The Blue Point
restaurant), in Dare County, North Carolina. In order to resolve this matter with no further action or expense
on my part, I accept responsibility for the violation as described in the Notice of Violation letter dated
November 16, 2015, and agree to pay the proposed civil assessment of $375.00.
DATE
SIGNATURE
ADDRESS
TELEPHONE NUMBER
RECEIVED
JAN 2 9 2016
DCM- MHD CITY

h.:
LOCAL PERMIT OFFICER ENFORCEMENT REPORT FOR MINOR VIOLATIONS
CASE NO. (Obtain from DCM office): 15-18A PERMIT N0. (If Applicable): n/a
LPO'S NAME: Sandy Cross LOCALITY: Town of Duck
COASTAL MANAGEMENT REPRESENTATIVE: Ron Renaldi
RESPONDENT'S NAME: John Power MAILINGADDRESS: PO Box 8399
CITY: Duck
STATE: NC Zip: 27949
PHONE NO.: 252-202-2827
COUNTY: Dare NEAREST/ADJACENT WATER BODY: Currituck Sound
PREVIOUS VIOLATIONS (CHECK LOCAL FILES AND CALL DCM OFFICE): NO ❑ YES ❑x '�' 1240 Duck Rd
under Allis
DATE OF ENFORCEMENT LETTER: November 16, 2015 Holdings, LLC
ADDRESS/LOCATION OF VIOLATION: 1240 Duck Road/The Blue Point
VIOLATION DESCRIPTION:
.installation of a clear roof under permitted Pergola (through
variance process (CRC-VR-12-11)and construction of exterior bar
within the 30, estuarine buffer
VIOLATION TYPE: ❑ MINOR CAMA Q VIOLATION OF PERMIT
CONDITIONS/SPECIFICATIONS
❑ STOP WORK ORDER (WORK IN PROGRESS)
RESTORATION REQUIRED: DYES ❑NO DATE REQUIRED FOR COMPLETION: 12/16/2015
DATE RESTORATION COMPLETED • SITE INSPECTION DATE: 12/22 /2015
or PERMIT ISSUE DATE:
AEC TYPE: ESTUARINE SHORELINE PUBLIC TRUST SHORELINE
x
OCEAN ERODIBLE AREA HHIGHHAZARD FLOOD AREA
❑ INLET HAZARD AREA ❑ UNVEGETATED BEACH AREA
FOR DCM OFFICE USE ONLY
ASSESSMENT AMOUNT: $ 3-45. o0
DATE REPORT RECEIVED: 31 aol5
—T'
DATE OF ASSESSMENT LETTER: JGn� aS, Aol 6
REFERENCE:7J.0409
ASSESSED AMOUNT: $
DATE PAYMENT RECEIVED:
AMOUNT RECEIVED: CLOSURE DATE
WILLFUL AND INTENTIONAL PENALTY: ❑ (ATTACH DOCUMENTATION)
a�xa� Sa ul I�r s'-k�d-jk 3 ='a�-S.00
Pcr. Fex _ I00.U0
RECEIVE.:
JAN 2 9 2016
®CM- MHD

L
TOWN
NORTH CAROLINA
November 16, 2015
SENT VIA CERTIFIED DELIVERY
RETURN RECEIPT REQUESTED
70131710 0000 2880 4802
John Power
The Blue Point
P.O. Box 8399
Duck, NC 27949
RE: VIOLATION(S) OF CAMA MINOR DEVELOPMENT PERMIT # CRC-VR-12-11
CAMA MINOR VIOLATION #15-18A
Dear Mr. Power:
This letter confirms that on August 31, 2015, Ron Renaldi, Frank Jennings and Christine Geobel,
from the Division of Coastal Management, conducted a site visit to inspect development
authorized by Minor Permit Variance CRC-VR-12-11, issued to James Braithwaite, registered
agent for the property owner Allis Holdings, LLC. The permit issued by Variance authorized the
construction of a 20' x 26' elevated deck with a pergola overhead within the 30' Buffer. The
unauthorized development occurred at your restaurant, The Blue Point, located at 1240 Duck
Road, in the Town of Duck, adjacent to the Currituck Sound, Dare County, North Carolina. This
site visit revealed that a clear roof has been installed under the pergola and a complete bar setup,
with permanent appliances has also been installed. I conducted a site visit the following day on
September 1, 2015, and confirmed their findings. I also confirmed, after speaking with you, that
you contracted to have these unauthorized items installed, not the owner of the property (Allis
Holdings, LLC).
Information gathered by me shows that you have undertaken minor development in violation of
the Coastal Area Management Act and the conditions of the Minor Permit issued to Allis
Holdings, LLC by Variance CRC-VR-12-11. I hereby request that you immediately CEASE
AND DESIST such violations and comply with the terms and conditions of the permit issued to
Allis Holdings, LLC (Enclosed).
P. O. Box 8369 • Duck, North Carolina 27949
252-255-1234 • 252-255-1236 (fax) • www.townofduck.com

John Power
The Blue Point
November 16, 2015
Page 2
I have information that you have undertaken, or are legally responsible for, minor development
on property belong to Allis Holdings, LLC, by installing a permanent roof under the authorized
pergola and by adding a bar with associated equipment. This activity took place within the 30'
Buffer in the Estuarine Shoreline that is contiguous with the Currituck Sound. Estuarine
Shoreline areas are designated as Areas of Environmental Concern (AEC). The work undertaken
is not consistent with the permit issued. Based on these findings, I am initiating an enforcement
action by issuing this Notice of Violation for violations of the Coastal Area Management Act.
I request that you immediately CEASE AND DESIST any further unauthorized development
and contact me about this important matter. A civil assessment of up to $1,000 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 $1,000.
An injunction or criminal penalty may also be sought to enforce any violation in accordance with
N.C.G.S. 113A-126.
Based upon the North Carolina Administrative Code, Title 15A, Subchapter 07H. State
Guidelines for Areas of Environmental Concern, the activity you have undertaken, specifically
the installation of a permanent roof under the trellis and addition of a bar with associated
equipment within 30' of normal water level in the Estuarine Shoreline AEC, is not consistent
with Section with 15 NCAC 71-1.0209 (d)(10) which states: Within the coastal shorelines
category (estuarine and public trust shoreline AECs), new development shall be located a
distance of 30 feet landward of the normal water level or normal high water level, or the
conditions of your Variance CRC-VR-12-11. Therefore, I am requesting that the roof under the
pergola and the bar with associated equipment, be removed from within 30 feet of normal water
level. Please refer to the enclosed Restoration Agreement.
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 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 is not undertaken or
completed satisfactorily, a substantially higher civil penalty will be assessed and a court
injunction will be sought ordering restoration.
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.
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

John Power
The Blue Point
November 16, 2015
Page 3
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 Local
Permit Officer and submission of my enforcement report, you will be notified by the Division of
Coastal Management as to the amount of a civil assessment for undertaking development without
first obtaining the proper permit(s).
Sincerely,
ifs
4as s, LPO
Enclosure
cc: Roy Brownlow, Compliance Coordinator, DCM
Lynn Mathis, Field Specialist, DCM
Ronald Renaldi, Field Representative, DCM
Joe Heard, Town of Duck Director of Community Development
Jim Braithwaite, Property Owner

RESTORATION PLAN
For
John Power, The Blue Point
CAMA Minor Violation #15-18A
Property located at 1240 Duck Road, Town of Duck, Dare County
Remove bar, associated appliances 1
-A AL.... r....F,�...1,.. ♦6.. ......,..h i
I, John Power, managing partner for The Blue Point, agree to complete the restoration requested
above to the satisfaction of the Local Permit Officer by December 16, 2015, or provide an
explanation for non-compliance and a reasonable request for time extension. When corrective
actions are complete, I will notify the Local Permit Officer 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. If restoration Is not
undertaken or satisfactorily completed, a substantially higher civil assessment will be levied and an in/unction sought to
require restoration.

Town of Duck ISSUED BY CRC
Local Government VARIANCE
CRC-VR•12-11
Permit Number
CAMA
MINOR DEVELOPMENT
PERMIT
As authorized by the State of North Carolina, Department of Environment,
and Natural Resources and the Coastal Resources Commission for development
In an area of environment concern pursuant to Section 113A-118 of the
General Statutes, "Coastal Area Management"
Issued to James B. Braithwaite, Registered Agent for Allis Holdings, LLC, authorizing development in the
Estuarine Shoreline (AEC) at 1240 Duck Road, in the Town of Duck, Dare County, as requested in the
permittee's application, dated November 18, 2012 and received complete on November 28, 2012. This
permit, issued on April 22, 2013, 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.
Thisyemut is issued in accordance with the Coastal Resources Commission Variance - Final Order dated
March 1, 2013. All proposed development and associated construction must be done in accordance with the
application and work plat drawings dated August 27, 2012 and revised November 18 2012 along with the
stormwater management plan prepared by Bissell Professional Group dated February 2 2013 and presented
at the Coastal Resource Commission meeting on February 6 2013 and subject to the following stipulations
of the CRC Variance Final Order and additional permit conditions listed on Page 2.
CRC Variance Final Order
1) The permittee has obtained a stormwater management plan meeting the requirements of 15A
NCAC7H.0209 (d)(10)(J)(iv). The first one and one-half inches of rainfall from the 20 foot by 26
foot elevated wood deck with a wooden pergola overhead shall be collected and contained on -site
in accordance with the design standards for stormwater management for coastal counties as
specified in 15A NCAC 0211.1005, The stormwater management system shall be designed and
certified by an individual who meets applicable State occupational licensing requirements for the
type of system proposed, and approved by the appropriate governmental authority during the permit
application process;
(Additional Permit Conditions - Page 2)
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 �J�S .1/da/� 3
permit must be on the project site and accessible to the permit officer when the 7
project is inspected for compliance. Any maintenance work or project NDY CROSS
modification not covered under this permit, require further written permit CAM AL PERMIT OFFICIAL
approval. All work must cease when this permit expires on:
P.O. Box 8369
DECEMBER 31, 2016 ] / Duck, NC 27949
In Issuing this permit it is agreed that this project is consistent with the local Land / / �y---
Use Plan and all applicable ordinances. This permit may not be transferred to
another party without the written approval of the Division of Coastal 111X PERMITTEE
Management. (Signature required if conditions above apply to permit)

Name: James B. Braithwaite, RA
Allis Holdings, LLC
Minor Permit # CRC-VR-12.11
Date: April 22, 2013
Page 2
2) Prior to occupancy and use of the deck addition and issuance of a final Certificate of Occupancy
(CO) by the local permitting authority, the permittee shall provide certification from the design
professional that the stormwater system has been inspected and installed in accordance with this
permit, the approved plans and specifications and other supporting documentation.
3) The permittee shall provide the proper operation and maintenance necessary to insure that the
engineered stormwater management system functions at optimum efficiency and within the
design specifications for the life of the project; and
4) The permittee shall insure that the obligation for operation and maintenance of the stormwater
management system becomes a permanent obligation of future property owners.
5) All proposed development and associated construction must be done in accordance with the
permitted work plat drawings dated August 27, 2012 and revised November 18, 2012 along with
the stormwater management plan prepared by Bissell Professional Group dated February 1,
2013 and presented at the Coastal Resource Commission meeting on February 6, 2013.
6) All construction must conform to the N.C. Building Code requirements and all other local, State
and Federal regulations, applicable local ordinances and FEMA Flood Regulations.
7) Any change or changes in the plans for development, construction, or land use activities will
require a re-evaluation and modification of this permit.
8) A copy of this permit shall be posted or available on site. Contact this office at 252-255-1234
for a final inspection at completion of work.
9) All unconsolidated material resulting from associated grading and landscaping shall be retained
on site by effective sedimentation and erosion control measures. Prior to any land -disturbing
activities, a barrier line of filter cloth must be installed between the land disturbing activity and
the adjacent marsh or water areas, until such time as the area has been properly stabilized with
a vegetative cover.
10) Any proposed grading within the 30' buffer from the Normal Water Level must be contoured to
prevent additional stormwater runoff to the adjacent marsh. This area shall be immediately
vegetatively stabilized, and must remain in a vegetated state.
11) All other disturbed areas located within the Estuarine Shoreline Area of Environmental Concern
shall be vegetatively stabilized (planted and mulched) within 14 days of construction
completion.

STATE OF NORTH CAROLINA
DEPARTMENT OF JusTICE
R-oy COOPER PA. Box 629 REPLY To: MARY L. WCASSE
ATTORNEY GENERAL RALEIGH, NC 27602 ENVIRONMENTAL DNIS10N
TEL: [phone]
FAX: [phone]
mlucrose nEncdoj.gov
March 1, 2013
James B. Braithwaite, Registered Agent Cerd&d MaillReturn Receipt Requested
Allis Holdings, LLC
135 Bayberry Trail
Southern Shores, NC 27949
Re: Variance Request for Coastal Area Management Act (LAMA) Permit,
CRC-VR-12-11
Dear Mr. Braithwaite:
At its February 6, 2013 meeting, the Coastal Resources Commission granted Allis
Holdings, LLC's request for a variance. Attached is a copy of the Final Order, signed by the
Chairman of the Coastal Resources Commission. Prior to undertaking the development for which
a variance was sought, you must first obtain a CAMA permit from the local permitting authority.
If for some reason you do not agree to the variance as issued, you have the right to appeal
the Coastal Resources Commission's decision by filing a petition for judicial review in the
superior court of Dare County within thirty days after receiving the order. A copy of the judicial
review petition must be served on the Coastal Resources Commission's agent for service of
process at the following address:
Lacy M. Presnell, III, General Counsel
Dept. of Environment and Natural Resources
1601 Mail Service Center
Raleigh, NC 27699-1601
If you choose to file a petition for judicial review, I request that you also serve a copy of
the petition for judicial review on me at the address listed in the letterhead. If you have any
questions, please feel free to contact me.
Sincerely,
M Lucasse
Spec Deputy Attorney General and
Counsel for the Coastal Resources Commission

STATE OF NORTH CAROLINA ) BEFORE THE NORTH CAROLINA
COUNTY OF DARE ) COASTAL RESOURCES COMMISSION
CRC-VR-12-11
IN THE MATTER OF: )
PETITION FOR VARIANCE ) FINAL ORDER
BY ALLIS HOLDINGS, LLC )
This matter was heard on oral arguments and stipulated facts during the regularly
scheduled meeting of the North Carolina Coastal Resources Commission (hereinafter
Commission) on February 6, 2013 in Wilmington, North Carolina pursuant to N.C.G.S. § 113A-
120.1 and 15A NCAC 7J ,0700, et seq. Assistant Attorney General Amanda P. Little, Esq,
appeared for the Department of Environment and Natural Resources, Division of Coastal
Management ("DCM"). E. Crouse Gray, Jr., Esq, appeared on behalf of Petitioner Allis
Holdings, LLC (Petitioner).
Upon consideration of the stipulated facts and stipulated exhibits which make up the
official record on which this final decision was made and the arguments of the parties, the
Commission adopts the following:
STIPULATED FACTS
1. Petitioner, Allis Holdings L.L.C, is a limited liability company, organized and existing
under the laws of the Commonwealth of Virginia, authorized to transact business in the
State of North Carolina, through a valid certificate of authority issued by the North
Carolina Secretary of State's office, with James B. Braithwaite as its registered agent and
a principal office address of 135 Bayberry Trail, Southern Shores, NC 27949.
2. Petitioner has owned a 6,74 acre parcel located at 1240 Duck Road in Duck, Dare
County, NC, since 1999. Currently located on the property is various commercial retail
shops and The Blue Point Restaurant (hereinafter "restaurant") along with associated
parking.
3. The restaurant has operated on the property since 1989 and is situated along the shoreline
adjacent to the estuarine waters of Currituck Sound.

4. The property lies within the Estuarine Shoreline Area of Environmental Concern (AEC)
which extends 75 feet landward of the normal water level.
5. Since August 1, 2000, new development within the Estuarine Shoreline AEC shall be
located a distance of 30 feet landward of the normal water level (hereinafter "30-foot
buffer"), unless it meets an exception currently listed in 15A NCAC 07H
.0209(d)(10)(A)-(J) of that rule.
6. The total length of the property's shoreline adjacent to Currituck Sound is approximately
1,440 linear feet. Of the total shoreline, approximately 950 linear feet has an existing
bulkhead including approximately 150 feet in front of the restaurant and the remainder is
natural shoreline.
7. There is an existing slatted, wooden and elevated boardwalk on the property running
contiguous to the bulkhead, except in front of the restaurant which currently has no
existing decking on the sound side. The existing boardwalk decking on the property is
approximately 800 linear feet long and varies from 10 feet to 15 feet wide (approximately
8,000 square feet) which was constructed before the buffer rule was implemented.
8. Petitioner sent the Town of Duck a letter dated July 16, 2012, requesting that the Town
consider researching an Urban Waterfront designation. On August 1, 2012, the Town
Council directed Town staff to research the process for presentation at their 2013 Retreat
scheduled for February 27 and 28, 2013.
9. On November 18, 2012, Petitioner, through its agent Doug Dorman of Atlantic
Environmental Consultants, LLC, applied for a CAMA minor permit to construct a 20
foot by 26 foot (520 square feet) elevated wood deck with a wooden pergola overhead, an
elevated 4 foot by 4 foot wood ramp and a second set of stairs. (CAMA Minor Permit
survey dated August 27, 2012, as revised on November 18, 2012, and as -built survey
from 2006).
10. As proposed, the 20 foot by 26 foot elevated wood deck with an overhead wooden
pergola would extend out to the bulkhead (normal water) on the western side of the
property adjacent to Currituck Sound. The proposed rear entry landing and stairs extend
west and north from the rear of the building and the existing landing and stairs.
11. 15A NCAC 7H .0209(d)(10)(F) provides that only a slatted, wooden, elevated and
unroofed deck, not to exceed 200 feet (singularly or collectively), can be built within the
30-foot buffer of the Estuarine Shoreline AEC. (emphasis added)
12. The proposed development does not meet any of the exception criteria set forth in 15A
NCAC 7H .0209(d)(10) because it exceeds the allowable area of 200 square feet of
slatted, wooden, elevated and unroofed decking within the 30-foot buffer and there is no
exception to allow a pergola within the 30-foot buffer.
13. In 2006, improvements were made to the property including constructing an addition to
the existing restaurant. According to Petitioner's agent, a state stormwater permit was not
issued. However, Petitioner placed a pond at the south end of the property to act as a
2

"best management practice" stormwater measure for the site, but has no engineered
design. There are also stormwater infiltration areas at the northern end of the property
near the restaurant.
14. Notice was given to the adjacent owners and to the general public of the proposed
additions. No objections to the proposed development were received.
15, On December 10, 2012, the Town of Duck Local Permit Officer (LPO) denied
Petitioners' application based on the proposed development being inconsistent with 15A
NCAC 7H .0209(d)(10).
16. On December 17, 2012, Petitioner submitted his variance request to construct the
proposed development to the Division of Coastal Management (DCM).
STIPULATED EXHIBITS
Included with the Staff Recommendation for the Commission's review were the
following Stipulated Exhibits:
1. Copy of Secretary of State's Website Page regarding Allis Holdings, LLC,
2. CAMA Minor Permit survey dated August 27, 2012, revised November 18, 2012.
3. As -built site plan dated September 17, 2006
4. 2006 Survey for proposed Blue Point Restaurant additions
5. Site photos
6. Drawing showing proposed stormwater management plan for the site which was
passed out to the Commission before the presentation during the February 6, 2013
Commission meeting.
CONCLUSIONS OF LAW
The Commission has jurisdiction over the parties and the subject matter.
2. All notices for the proceeding were adequate and proper.
3. Petitioner has met each of the requirements set forth in Statute § 1 13A- 120, 1 (a)
and 15 NCAC 077 .0703(f) which must be found before a variance can be granted as set forth
more specifically below.
0

a. Petitioner has shown that strict application of 15A N.C.A.C. 07H .0209 will
cause unnecessary hardships.
In relevant part, 15A NCAC 07H .0209(d)(10) requires that "new development shall be
located a distance of 30 feet landward of the normal water level or normal high water level" (the
buffer rule), On November 18, 2012, Petitioner, through its agent Doug Dorman of Atlantic
Environmental Consultants, LLC, applied for a CAMA minor permit to construct a 20 foot by 26
foot elevated wood deck with a wooden pergola overhead, an elevated 4 foot by 4 foot wood
ramp and a second set of stairs. As proposed, the 20 foot by 26 foot elevated wood deck with an
overhead wooden pergola would extend out to the bulkhead (normal water) on the western side
of the property adjacent to Currituck Sound. 15A NCAC 7H .0209(d)(10)(F) provides an
exception to the Buffer rule and allows construction of a slatted, wooden, elevated and unroofed
deck within the 30-foot buffer of the Estuarine Shoreline AEC as long as it does not exceed 200
square feet. The proposed development includes 520 square feet which exceeds the amount
allowed under the exception set forth in 15A NCAC 7H .02099d)(10)(F). Furthermore, the
proposed development does not meet any of the exception criteria set forth in 15A NCAC 7H
.0209(d)(10), Therefore, Petitioner's application for a CAMA minor permit was denied on
December 10, 2012.
Petitioner sought a variance to extend the existing deck claiming that strict application of
the buffer rule will cause it unnecessary hardship because the proposed deck area and pergola are
essentially pervious surfaces. Rule 15A NCAC 07H .0209 is designed to protect the public trust
rights and the biological and physical functions of the estuarine system. This is accomplished by
limiting the acceptable uses to those types of development activities that will not be detrimental
to the system. Subsection (d)(10) of this Rule sets forth a list of exceptions. In this case, the 200-
square foot exception for decking in the buffer cannot be met because the property contains
0

approximately 8,000 square feet of existing decking/boardwalk that was constructed within the
30-foot buffer before the buffer rules were implemented in 2000. Furthermore, a pergola is not
listed among the exceptions set forth in the buffer rule. However, both the proposed decking and
the pergola overhead are pervious structures that allow rainfall to pass through to the ground. As
such, the proposed development would minimally alter the pattern of rainfall runoff on
Petitioner's property. While strict application of the rules limits development to those
specifically enumerated exceptions set forth in Rule 15A NCAC 07H .0209(d)(10), the
Commission affirmatively finds that application of the rule to this proposed development, which
has the benefit of simultaneously providing shade while allowing rainfall to pass through to the
ground, would produce unnecessary hardship. Thus, the Commission finds that Petitioner has
demonstrated that it meets the first factor required byN.C.G.S. § 113A-120.1(a)(1).
b. Petitioner has demonstrated that the hardship results from conditions
peculiar to Petitioner's property.
Through the photographs of the Site provided as stipulated exhibits to the variance
request, Petitioner has shown that the property includes areas of different elevations and slopes.
Based on the topography of the site, the proposed development is planned for the only realistic
location on the site. In addition, there is currently an entrance and set of stairs providing access
to the area where the proposed development would be constructed. Moreover, prior attempts to
use umbrellas to provide shade have not been successful because of the effect of the wind at this
location. For these reasons, the Commission affirmatively finds that Petitioner has shown that its
hardships result from conditions peculiar to the Site. Thus, Petitioner has established the second
factor required by N.C.G.S. § 113A-120.1(a)(2).
R

C. Petitioner has demonstrated that the hardship does not result from actions
taken by Petitioner.
Petitioner has established that the alternate upland grassy area to the north of the
proposed location outside the buffer which DCM suggested be used for the proposed
construction is not a possible alternative site because of the slope. More, Petitioner has
established that it tried to provide shade using umbrellas unsuccessfully because of the wind at
the site. For these reasons, the Commission affirmatively finds that the hardship does not result
from actions taken by Petitioner, Thus, Petitioner has met the third factor required by N.C.G.S. §
113A-120.1(a)(3),
d. Petitioner has demonstrated that the requested variance is consistent with
the spirit, purpose and intent of the Commission's rules, will secure public
safety and welfare, and will preserve substantial justice.
One of the management objectives for the Estuarine Shorelines AEC is to conserve and
manage the important natural features of the estuarine and ocean system so as to safeguard and
perpetuate their biological, social, aesthetic, and economic value. Consistent with that
management objective, all development proposals shall limit the construction of impervious
surfaces and areas not -allowing natural drainage. In addition, the purpose of the buffer rule is to
provide an undeveloped area to absorb or filter stormwater runoff before it reaches the estuarine
and ocean system.
Petitioner's proposed development includes a stormwater management system for the 20
foot by 26 foot elevated wood deck with a wooden pergola overhead which it agrees to install on
the site. Use of this engineered stormwater system will allow Petitioner to effectively reduce
stormwater runoff even if the buffer area on the site is less than that allowed under the buffer
rule. In this way, Petitioner's proposed development will safeguard the buffering ability of the
Site. Accordingly, the Commission affirmatively finds that granting Petitioner a variance from
C

the buffer rule in order to construct the proposed development, including the stormwater
management plan, is consistent with the spirit, purpose, and intent of the Commission's buffer
rule.
Moreover, the Commission notes that neither Petitioner nor DCM have identified any
public safety or substantial justice concerns raised by Petitioner's variance request. The public's
interests are protected in this case through the use of an engineered stormwater management
system which will result in additional benefits to water quality in the adjacent waters.
For these reasons, the Commission affirmatively finds that Petitioner has demonstrated
that the requested variance is consistent with the spirit, purpose and intent of the Commission's
rules, will secure public safety and welfare, and will preserve substantial justice. Therefore,
Petitioner has met the fourth factor required by N.C.G.S. § 113A-120.1(a)(4).
ORDER
THEREFORE, because Petitioner has met its burden of establishing each of the four
factors required by North Carolina General Statutes Statute § 113A-120.1(a), its request for a
variance fi•om 15A NCAC 7H .0209(d)(10) is GRANTED with the following conditions:
a. Petitioner has obtained a stormwater management plan meeting the
requirements of 15A NCAC 7H .0209(d)(10(J)(iv). The first one and one-
half inches of rainfall from the 20 foot by 26 foot elevated wood deck with
a wooden pergola overhead shall be collected and contained on -site in
accordance with the design standards for stormwater management for
coastal counties as specified in ISA NCAC 0211 .1005. The stormwater
management system shall be designed and certified by an individual who
meets applicable State occupational licensing requirements for the type of
system proposed, and approved by the appropriate governmental authority
during the permit application process;
b. Prior to occupancy and use of the deck addition and issuance of a final
Certificate of Occupancy (CO) by the local permitting authority, permittee
shall provide certification fiom the design professional that the stormwater
system has been inspected and installed in accordance with this permit, the
approved plans and specifications, and other supporting documentation.
7

C. Petitioner shall provide the proper operation and maintenance necessary to
insure that the storm water management system functions at optimum
efficiency and within the design specifications for the life of the project;
d. Petitioner shall insure that his obligation for the operation and
maintenance of the stormwater management as set foq in this variance
shall become a permanent obligation of future property Aners.
The granting of this variance does not relieve Petitioner of the responsibility for obtaining a
CAMA permit from the proper permitting authority,
This variance is based upon the Stipulated Facts set forth above. The Commission
reserves the right to reconsider the granting of this variance and to take any appropriate action
should it be shown that any of the above Stipulated Facts is not true.
This the 151 day of March, 2013.
Robert R. Emory, Jr., Chairman
Coastal Resources Commission
E

CERTIFICATE OF SERVICE
This is to certify that I have this day seined the foregoing FINAL ORDER upon the
parties by the methods indicated below;
James B. Braithwaite, Registered Agent Certified MaillReturn Receipt Requested
Allis Holdings, LLC
135 Bayberry Trail
Southern Shores, NC 27949
E. Crouse Gray, Jr.
Gray & Lloyd, L.L.P.
3120 N. Croatan Hwy, Suite 101
Kill Devil Hills, NC 27948-9253
Amanda P. Little, Esq.
Assistant Attorney General
N.C. Department of Justice
Braxton Davis, Director
Angela Willis, Director's Secretary
Division of Coastal Management
400 Commerce Avenue
Morehead City, NC57
This the � day of March, 2013.
U.S. Mail and Electronically addressed to
crouseRAa.arayandllovd.com
Electronically addressed to
Amanda.littleO-ncdenr goy
Electronically addressed to
braxton.davisnancdenr.gov
anizela.wUlis(@,ncdeiir.gov
Special DW Attorney General and Commission Counsel
N.C. Department of Justice
P.O. Box 629
Raleigh, N, C. 27602

James B. Braithwaite, Registered Agent
Allis Holdings, LLC
March 1, 2013
Page 2
cc: E. Crouse Gray, Jr. Esq., US Mail
Robert R. Emory, Jr. electronically
Amanda P. Little, Esq., electronically
Braxton Davis, electronically .
Angela Willis, electronically

EXISTING
• (j r IIFIIIIn7 1 PROPOSED EARTHEN STORMWATER
r l •�17�1'' I I rf� I�I CONTAINMENT BERM AROUND THE ENTIRE
I` I IfLlj 1I Ir 1f If1t l l I(il tIL I Iryull((I)�I II JI ' ` PERIMETER OF THE DECK.
a , MIN. BERM HEIGHT - 0.25'
I { ItI II{ I 26.0' DEC K AVG. TOP WIDTH 0.5'
'I ItiI I��II JhlurOPOSEDil (VG. BOTTOM YADTH=20'
IL{Ijll41l PROPOSED h1 ICI MAX. SIDE SLOPE - 3:1 (H:V)
ELEV 17ED� MBER DECK o SEE SEC11ON AND BERM NOTES BELOW)
EXISTING GRASS AREA
PROPOSED STAIRS
70 0 b 10 �71y�lryll I J I ma
RAMP
EXISTING LANDING
I I I VI `WALL OF
AND STAIRS EXISTING ELEVATED
BUILDING
PROPOSED SITE DEVELOPMENT PLAN
SCALE 1 - 10'
,cen aunrn"
BERM NOTES:
1. EARTHEN MATERIAL USED TO CONSTRUCT BERM
®CsSmCE=C$7
SHALL BE COMPACTED AND STABILIZED TO PREVENT
EERUOSI N. BERM SHALL NOT BE CONSTRUCTED OF
OUTSIDE EDGE OF DECJ(,,�
g-
2 BERM SHALL BE VEGETATED WITH GRASS 70 MATCH
ADJACENT AREAS.
CITY MUST .BE
3. NATIVE SALT. TOLERANT DECORATIVE GRASSES AND
D MAINTAINED
PILE
JASMINE MAY ALSO BE PLANTED AROUND THE BERM.
iF IoMnckcmF
6'.
D% PROPOSEDENT. EARTH EN STORMWATER
EXISTING GROUN CONTAINM. BERM AROUND THE
SURFACE (VARIES) ENTIRE PER)METEA OF THE DECK
TYPICAL SECTION VIEW (SEE BERM NOTES)
SCALE 1/Y = 1.0'
GENERAL NOTES:
1. THE PROPOSED DECK AND PERGOLA LOCATION AND DIMENSIONS
ILLUSTRATED ON THIS DRAWING ARE BASED ON A PLANPREPAREDBY
ATLANTIC ENVIRONMENTAL CONSULTANTS, Ltd TITLED ':VARIANCE - DRAWING
DETAILS, ALLIS HOLDINGS, LLC, BLUE POINT RESTAURANT'
2. THIS EXHIBIT IS INTENDED TO ACCOMPANY A REQUEST FOR A VARIANCE TO
CONSTRUCT THE DECK AND PERGOLA NOTED. ABOVE. AND, MORE
SPECIF)CALLY. TO PROVIDE GUIDANCE FOR THE CONSTRUCTION OF
STORMWATER MEASURES TO MANAGE THE. FIRST ONE AND ONE-HALF INCHES
OF RAINFALL RUNOFF GENERATED BY THE PROPOSED DECK.
J. CALCULATIONS
3.1. RUNOFF VOLUME REQUIRED TO BE MANAGED;
510 S.F. X 1.5 IN./12 - 63.75 CUBIC FEET
3.2 STORAGE VOLUME PROVIDED FOR MANAGEMENT:
DEPTH OF CONTAINMENT = 0.25 FT.
TOP AREA OF CONTAINMENT = 542 S.F.
13 A AREA OF CONTAINMENT �, 476 S.F,
AVERAGE AREA OF CONTAINMENT + 609 SF.
VOLUME - 509 S.F. X 0.25 FT + 127M CUBIC FEET
it VOLUME PROVII1 0 + 2D0x OF VOLUME REQUIRED
DATER S=19•I3
ALLIS liMMOS, LLC - BLU$ fOWT VAkiANCE
DATE REVISED:
MRMWATER MANAGEMENT PLAN
�1X5iEbCTivrfr,�TQ,
p J5I S'A•'r
THISODN. )S 3R7YOFBpG INC OTKITTY NAM..NORTH,
DRAWN BYDMK
DWO-NO: 363100114
IS ROOD [ON,IN
CARQLINA'7`HEIlEPR00UCC10N,IN LYAOL1i 0R PART OR THE MODITCA`{10N OF
AN}OETjLIL OAOESION I$NOT R'O BEWLAOL WITHOUT THE EXPRESS WRLTTEN
n
SCALE; AS N07'Eb
CbNSEN'1' OFNVIA'S. BISSELL, PRINCIPAL OF BPG IN6lcOPVRIO9T 7603.
A � "
: U�
ELL BISSELL PjjOFE$91OjJAL GROUP
REVIEWED BY: MSH
APPROVED BY: MSB
• ��F
q 1 e° ei
DESIGN BY: BPG
PROIEC'TNO.:
iti,�NDA7X cnwT _�XIPM1vAV."necc°rC-n,•
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