10-06A OBX Resorts

ILI
CAMA VIOLATION #10-06A
OBX Resort, LLC
AGREEMENT TO PAY PROPOSED CIVIL ASSESSMENT
1 understand that the staff, of the Department of Environment and Natural Resources
assessment, including a civil penalty and investigation costs, in the amount of $400.00 against OBX Resort,
LLC for violationing the Coastal Area Management Act, NCGS 113A-100 et sec, committed on or near
property located at 5353 N. Virginia Dare Trail, in Dare County, North Carolina. In order to resolve this
matter with no further action or expense on OBX Resort, LLC, I accept responsibility for the violation as
described in the Notice of Violation letter dated NOV DATE, and agree to pay the proposed civil
assessment of $400.00.
DATE SIGNATURE """" •... ��14
ADDRESS
TELEPHONE NUMBER

V.
North Carolina
Beverly Eaves Perdue
Governor
Mr. Sterling Webster
OBX Resorts, LLC
P.O. Box 2716
Kill Devil Hills, NC 27948
NORMA
NCD NR
Department of Environment and Natural Resources
Division of Coastal Management
James H. Gregson
Director
April 16, 2010
IF
Dee Freeman
Secretary
RECEIVED
APR 2 0 2010
Morehead C , ,,qn
RE: Payment of Proposed Penalty for Violations of the Coastal Area Management Act,
Dare County, CAMA Violation #10-06A
Dear Mr. Webster:
This letter will acknowledge receipt of your Hilton Garden Inn Check 416018, in the amount of
$400, and dated 04/12/10. Once the amount of the check is credited to the Department of
Environment and Natural Resources' 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 A. Jennings, III
District Manager, Northeast District
FAJ/ybc
'cc . dastant Director, DCM, Morehead City
Ro Brownlo ompliance Coordinator, DCM, Morehead City
Lynn Mathis, Compliance & Enforcement Rep., DCM, Elizabeth City
1367 US 17 South, Elizabeth City, INC 27909
ahcne: 252-264-3901 i AX: 252-264-3723, Intemet: www.nc:oas!alnanageme.il.net
An Eoual Opportunity \Affirmative Action Employer
One
NorthCarolina
Naturallry

4 0
NCDENR
North Carolina Department of Environment and Natural Resources
Division of Coastal Management
Beverly Eaves Perdue James H. Gregson Dee Freeman
Governor Director Secretary
March 23, 2010
CERTIFIED MAIL ARTICLE NO.7009 2820 0002 5343 0081 RECEIVED
RETURN RECEIPT REQUESTED
APR 5 2010
Mr. Sterling Webster Morehead City DCM
OBX Resorts, LLC
Post Office Box 2716
Kill Devil Hills, North Carolina 28948
RE: CAMA MINOR VIOLATION #10-06A
Dear Mr. Webster:
This letter is in reference to the Notice of Violation dated March 8, 2010, that Kitty Hawk Local Permit
Officer Ben Alexander, issued to OBX Resort, LLC for beach bulldozing without a permit at 5353 N. Virginia
Dare Trail, in the Town of Kitty Hawk, Dare County. The violation involved the Ocean Hazard Area, which
is an Area of Environmental Concern designated by the Coastal Resources Commission. The activity
undertaken was determined to be consistent with the Division's rule and no restoration was requested.
The Coastal Area Management Act provides that a civil assessment of up to $1,000 may be assessed for
each separate minor 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. Please be reminded that you were issued
a prior Notice of Violation on March 30, 2009. Pursuant to the North Carolina Administrative Code, Title
15A, subchapter 7J. 0409(g)(5)(D), the amount of the civil assessment proposed against you will reflect the
repetitiveness of your noncompliance with the Coastal Area Management Act (CAMA) and the Coastal
Resources Commission's rules.
Under the rules of the Coastal Resources Commission, a civil penalty in the amount of $400.00 is
appropriate for this violation. OBX Resort, LLC 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 $400.00 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.
1367 US 17 South, Elizabeth City, NC 27909 NontrthCarohna
Phone: [phone] \ FAX: [phone] ; Internet: www.nccoastalmanagement.net ��tut+Qll j/
An Equal Opportunity \ Affirmative Adion Employer .7

Sterling Webster
OBX Resorts
March 23, 2010
Page 2
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 remission of the penalty.
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 A. Jennings III
District Manager
Northeast District
FAJAwm
Enclosures: (1) Agreement to Pay Proposed Civil Assessment
cc: M. Ted Tyndall, Assistant Director, DCM, Morehead City
Roy Brownlow, Compliance Coordinator, DCM, Morehead City
Lynn W. Mathis, District Compliance & Enforcement Representative, DCM, Elizabeth City
John Cece, Field Representative, DCM, Elizabeth City
J. Samual Rose, Contractor

CAMA VIOLATION #10-06A
OBX Resort, LLC
AGREEMENT TO PAY PROPOSED CIVIL ASSESSMENT
I understand that the staff of the Department of Environment and Natural Resources will propose the
assessment, including a civil penalty and investigation costs, in the amount of $400.00 against OBX Resort,
LLC for violationing the Coastal Area Management Act, NCGS 113A-100 et sec , committed on or near
property located at 5353 N. Virginia Dare. Trail, in Dare County, North Carolina. In order to resolve this
matter with no further action or expense on OBX Resort, LLC, I accept responsibility for the violation as
described in the Notice of Violation letter dated NOV DATE, and agree to pay the proposed civil
assessment of $400.00.
DATE
SIGNATURE
ADDRESS
TELEPHONE NUMBER

Fror,:TOWN OF KITTY HAWK
252 261 7900 09/22/2010 16:52 #514 P.001/005
Post Office Box 549
101 Veterans Memorial Drive
Kitty Hawk, NC 27949
CERTIFIED MAIL
RETURN RECEIPT REQUESTED
NOTICE OF VIOLATION
March 10, 2010
Sterling Webster
OBX Resort, LLC
Post Office Box 2716
Kill Devil Hills, North Carolina
Phone [phone]
Fax [phone]
www.townofkittvhawk.ore
RE. STOP WORK ORDER, AND NOTICE OF FAILURE TO APPLY FOR A CAMA
PERMIT
CAMA MINOR VIOLATION #1 0-06 A
Dear Mr. Sterling Webster
This letter confirms that on February 26, 2010, I was onsite at your property located at 5353
North Virginia Dare adjacent to the Atlantic Ocean located off North Virginia Dare Trail, in or
near Kitty Hawk, Dare County, North Carolina. The purpose of the visit was to investigate
unauthorized development of'a beach push within the Ocean Erodible area of environmental
concern..
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.
I have information that you have undertaken, or are legally responsible, for minor development
by pushing sand from the low tide line toward the dune on the aforementioned property. This
activity took place in Ocean Erodible Area of Environmental Concern that is contiguous with the
Atlantic Ocean. Ocean Erodible areas 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.
You are hereby requested to STOP WORK IMMEDIATELY and file the necessary application
with this office for a CAMA Minor Development Permit by March 30, 2010. NO WORKMAY
PROCEED UNLESS A PERMIT IS ISSUED. Failure to file an application or continuation of

M OF KITTY HAWK
252 261 7900 03/22/2010 16:53 #514 P.002/005
work after receipt of this Notice may constitute a violation of the Act and you may be subject to
civil and/or criminal penalties as provided by North Carolina General Statute (NCGS) 113A-126.
Each day the development continues, or is repeated after receipt of this Notice, may constitute a
separate violation and could result in finther penalties or imprisonment for not more than sixty
(60) days or both (NCGS 113A-126).
It is the policy of the Coastal Resources Commission to levy a civil assessment not to exceed
$1,000 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
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, beach push in
the Ocean Erodible AEC(s), is consistent with Section 15A NCAC 07I3:'0308(4), which states
Beach Bulldozing. Beach bulldozing (defined as the process of moving,natural beach
material from any point seaward of the first line of stable vegetation to create a protective
sand dike or to obtain material for any other purpose) is development and may be
permitted as an erosion response if the following conditions are met:'
(A) The area on which this activity is being performed shall maintain a slope of adequate
grade so as to not endanger the public or the public's use of the beach and shall
follow the pre -emergency slope as closely as possible. The movement of material
utilizing a bulldozer, front end loader, backhoe, scraper, or any type of earth
moving or construction equipment shall not exceed one foot in depth measured
from the pre -activity surface elevation;
(B) The activity shall not exceed the lateral bounds of the applicant's property unless he
has permission of the adjoining land owner(s);
(C) Movement of material from seaward of the mean low water line will require a
CAMA Major Development add State Dredge and Fill Permit;
(D) The activity shall not increase erosion on neighboring properties and shall not have
an adverse effect on natural or cultural resources;
(E) The activity may be undertaken to protect threatened on -site waste disposal systems
as well as the threatened structure's foundations.
Therefore, no restoration will be requested at this time.
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

A OF KITTY HAWK
252 261 7900 03/22/2010 16:59 8514 P.003/005
immediate future to determine whether this REQUEST TO CEASE AND RESIST 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,
you will be notified as to the amount of a civil assessment for undertaking development without first
obtaining the proper pemilt(s). 1
Sincerely,
Ben Alexand
Looal Pemrit: Ricer
Cc: Frank Jennings, District Manager, DCM
Lynn Mathis, District Compliance and Enfqrcement Representative, DCM

From:TOWN OF KITTY HAWK 252 261 7900 03/23/2010 09:24 8515 P.002/005
LOCAL PERMIT OFFICER ENFORCEMENT REPORT FOR MINOR VIOLATIONS
CASE NO. (Obtain from DCM office): 10.06-QA PERMIT NO. (If Applicable):
COASTAL MANAGEMENT REPRESENTATIVE: Wn Math!s
RESPONDENTS NAME •OBX Resorts %SterlingWebster MAILING ADDRESS: P.0 Box 2716
CITY: Kill Devil Hills STATE: N_ ZIP: 27948 PHONE NO.:252-261-1920
COUNTY Dare: NEAREST►ADJACENTWATER-BODY: AtianficOcean
PREVIOUS VIOLATIONS (CHECK LOCAL FILES AND CALL DCM OFFICE): NO ❑ YES ❑
DATE OF ENFORCEMENI
ADDRESSILOCATION OF
VIOLATION DESCRIPTIOI
VIOLATION TYPE: MINOR CAMA ❑ VIOLATION OF PERMIT
CONDITIONSISPECIFICA IONS
0 STOP WORK ORDER (WORK IN PROGRESS)
RESTORATION REQUIRED: DYES X NO DATE REQUIRED FOR COMPLETION.. _
DATE RESTORATION COMPLETED - SITE INSPECTION DATE:
or PERMIT ISSUE DATE:
AEC TYPE: 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: $ REFERENCE: 7J. 0409
DATE REPORT RECEIVED:
DATE OF ASSESSMENT LETTER:
AMOUNT RECEIVED:
ASSESSED AMOUNT:
DATE PAYMENT RECEIVED:
CLOSURE DATE
WILLFUL AND INTENTIONAL PENALTY: ❑ (ATTACH DOCUMENTATION)