05-07A IPOA

Qr
April 28, 2005
To: Ted Tyndall
Div of Coastal Management
Fr: Sterling Webster
iPOA
Ted, attached is our check for $1,000 per our agreement.
For the record all the dune restoration is completed and we will start planting
grass immediately.
Thank you for your assistance and let me know if you have any questions.
Cc: Tim Sulli
George Vi
9

(L a,/
r AMA NCDENR
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
May 3, 2005
Independent Property Owners of America
C/o Sterling Webster
P.O. Box 2716
Kill Devil Hills, N.C. 27948
RE: Payment of Proposed Penalty for Violations of the Coastal Area Management Act,
Committed in Dare County
CAMA Violation #05-07A
Dear Mr. Webster:
This letter will acknowledge receipt of your Check # 1033, in the amount of S1000.00, and dated
4/28/05. 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 Morehead City
office, [phone].
Sincerely,
,,[ TES T�.Sc-t-L
Ted Tyndall
Asst. Director
MTT/rcb
cc: Roy Brownlow, Compliance Coordinator
Ted Tyndall, Asst. Director
John Cece, Coastal Management Rep.
400 Commerce Avenue, Morehead City, North Carolina 28557
Phone: [phone] FAX: [phone] Internet: http://dcm2.enr.state.nc.us
An Equal Opportunity 1 Affirmative Action Employer— 50% Recycled 110% Post Consumer Paper

April 28, 2005
To: Ted Tyndall
Div of Coastal Management
Fr: Sterling Webster
IPOA
Ted, attached is our check for $1,000 per our agreement.
For the record all the dune restoration is completed and we will start planting
grass immediately.
Thank you for your assistance and let me know if you have any questions.
Cc: Tim Sulli
George Vf

APR-19-2005 10:10 FROM-HILTON GARDEN INN LAX EL SEGUNDO T-542 P.002/006 F-731
Z-0OiJ' Mea ON Ya/Y+7.] TG:B-r MU 5006/61/b0
Y- -A pia. r• :A d, 1:�
This Settloma * Agrveroco ("Agmemeldi is eatered iota this Ii"dary of April 2[]05, by
sad between U dependem PmPffW OWr= of Amerlc46 L+LC. a North Casoliaa limitod liability
cnasW . ("IPOA-) and the N.C. DePul mart ofBtx4mmew turd Not aAd3:esoureaa ("M').
WITMSSEM-
front in Katy Hawk, Nol[8t Carolina
WIMEAS, the hotel Project is proposed t0 be located in ltiti Dcarari Nazard Arm of
Fa &umuttffal Concern, artd therefore IPOA is required to obtain a permit fbr the hotel Prq=
pttrsasnt to the North Carolina Coastal Am Managetaent Act. OCAUM) and loode the Haw
Project bzvmd a aetb" lino aatablished amrdigs to 18ANCAC 7I•L0300.
VIBMW 1S, datermiaadon of the ProPrr hmudon of the setbaotr line applicable to the
HOW Project is newasary for the Hotel Project to proceed.
WEIIIKEAS, IPOA ootatends Ad ou or about November 9, 2004, it: was issued a CAMA,
permit by operation of taw pursuant to G.S. 113Ar122(e) bemse DEWL failed to decry or issue
tbo pernut within the required statutory nma limit, and further cautepds tbg subsegaent $0 such
issuance by lawn *0 appropriate Botha* Rua witb which the UoW Project natal cmoply aoamdb*
to applicable nrlm is the Ent that vies staked by DEW offrcial3 with W" repreaeftfives
prey cat on December 21, 2005 ("December setbaele line").
WfMMAS, D'OA nut = mmla dp that Its position is supported by several decisions by
North Carolina's Supreme Court sad Court of Appeals; and 1POA has prc*cxxd tc 17=0+ a
--"., .p,,..J ?6J W agprcr;r Tr a0:4t QAQZ0ri/tA
RECEIVED APN-10-2005 18:84 FROM-9187631076 TO-1110ON GARDEN INN LA PAGE DOt
04/19/2005 TUE 22:11 [TX/RX NO 68251 IM002

APR-1@-2001 10:11 FROLI-HILTON GARDEN INN LAX EL SEGUNDO
nolm [1900 ON ra/Xsl MOT am Boat;/owwo
T-541 P.003/006 F-731
proposed Complaint a groDAM0 for fift is the Superior COW seeking iMIUM W relief is this
yVIMBAS, U10A contends that it t gxWed con idemble Awds to iiltalixe design of the
Hotel Project, iaaursi ig coam kwents wider raatracrs, and [nitiatakg umtdo site preparadaa
activities based 0n, and is relumca upon, the December setback line.
VIBEREAS, IPOA coubm s do k is entitled to rely are the December setbook tine
pursuant to established lopm1 principles Bs Well as 15A NCAC 77.0403(d).
WSSREAS% DMM cootcn& that the applicable CAMA permit is the one bvjoB to IPOA
on Febmsry 10 2005 Bud thot acccalft to applioab[B =ales the serbaolt line rmrsr be established
sabsequem to that date.
VaBMFAS, ]POA was homed a Notice *Mwlation on April S, 2005. vdrich was based
on congromm activity inking Plano on the site without DMM staling a se6ack lino Sollcwmi;
DEWS lsOW= Ofthe>?eb=ary 1, 2005 y=Mk,
WE MKIL41, DEM o$cials did dg m a setback live on April it, 20000 with IPOA
representatives present ("April setback Ine), and the April setback line is, m part, landward of
tba December setbao1c line.
VMHaEAS, the mniv botel building as finally de ftoed by VIDA is acceptably boated
bchmd tiro December setback 1Mc. but is MWard Ofthe Apra setbaa Bete by appccasimalmlY 4 to
4 feet, thls anent primm-117 affeWn the outside PaIWPorch areas of the main hotel
building,
V41MMAS, thin eoosnacbment wWOu the Apa setback line is Mmly 0mx-4d by the
co, so of an old bulkhead during a wlruer storm evem resubing is er0510n Of the fret line Of
F
n.a ,cn xns.+ r•a WTI" AWRRILGLG BOIST 008MT/60
RECEIVED AFR-18-2005 10:04 FRO 618T3710T5 TO-HILTCN GARDEN INN LA PAGE 003
04/19/2005 TUri 22:11 [TX/RX NO 88251 Q003

APR-16-2005 19:20 FROM-HILTON GARDEN INN LAX EL SEGUNDO
BoDI@ [tans Ox sn/M] 79:9T = 90OZ/aT/tO
T-542 P.004/006 F-T31
II
stable radtual vege ri=' C�i:1SWv*. and a FISNV =y roestablisi seaward of its pr!osont
location with sucowdW dune and vegetation reestablishment and Favorsve westber conditions.
VnDMVAr�,, 1AOA contends tLat additional redesign of the Hand Project to avoid the
minimal eaaroacbment9 wW= the Apall Setback line, even if possible, will =6e; substantial
additional expense and delay its conammfion, which together would make the prujeat infeasiWe.
WMEAS. IPOA and D8 M both recognise and aclmowledge the ruts of litigation and
desire to avold litigation regarding Whitt se&uk line is applicable to the pMact by sditg this
toaster in a fair and equitable manner cansistoat with the letter and sptrk of tha law.
NOw, TAE MOM the parties agree to the proper location of the setback lines and
agree that construction ofthe Antel Ftojea way proceed as Mum:
1. subject to the provisions of this Agreement, lPOA will acempt and will proceed to
accardeace whh she conditions of the issued CAMA Permit Na. 18.05 dated February 1, 2005
(the "Penan. 1FOA will suhu it a request far minor modiflostioa of the X'amit showing rho
main hotel building's compliance with the December setback lino ad requesting authofmatioa for
duce rebuilding and plaootng- DIEM agrees to K ►Vdy asvdi the permit. upon request,
authori2ing dune and vegetation reestablWantat at Accessary to estabhoh vegetation at list six
feet (61) ooemTward of the mmunt escarpment.
2. XPOA will add sand, beach vegetation plautieg8 and sand fencing as =wasery to
create and =biiiz9 this arek and will use its best cM=o to create such line ofvegetadou cot or
bef a May 1, 2005, and to maintain it thereaAw.
3. II+OA agrees to take additional steps to establish a duue limo end s MSNV at it
point farther oceaAward than the line to be established pursuant to paragraph 2 of this
J
5R/9R 'Mi tJP =N 890MM615 8PIST S009/Ga/48
RECEIVED APR-18-2008 1844 FROM-9197831075 TO-HILTON GARDEN INN LA PAGE 004
04/19/2005 TUE 22:11 [TX/RX NO 68251 Q004

APR-1¢-2005 10:20 FROM-HILTON GARDEN INN LAX EL SEGUNDO
sa0lj' Moo ON Y21/XL1 19:91 Eau SOOVOT/to
T-542 P.005/000 F-731
Agreemlent, and will > its best cffw s to tttsda, - — it PLSNV as far ocesnwatd as teasamably
gosss'ble,
4. Me agrees that IPOA tray proceed with cottmnotion of its Hotel Pwjeck under
the Permit as tb1lows:
a. IPOA may proceed ie oansttud and complete the !total bpll4mg portion of
die Notd Praiea as depicted on the anaebed drawing, e:00ept AM no edditiow 0043trucdoQ
actirrity may take plane within the approximately five foot area of the hotel building footprint
that would constitute as ettmachment within tiro April setback line, until IROA boa updertaken
eeOffles in accordance with Paragraph 2 ofthis Agteaneta to restora the 0?,LMM.
b. Regarding all other atruct ues associated with the Hotel Fx4e4 (accept for
the hotel building for wbleb eoasp cdon may proceed in accordance with Paragmpb 4(a) of this
Agreemum), the applicable setback fine for such other stcuca s (such as yarkigg lots) will be
baud upon the FLWV as it adsts at the time eonsbncdmt of those sttucum is to begin is tha
wear any stub ancillary largo or small uttuetttee as depicted on the attached drawing cannot meat
the setback requirement as dwarzolned in atccrnflanes with tho pteoedizz saPtunce6 them 00POA
shall comply with stlab requirement by either using ahettlative matiasials that comply what
LAMA and the Coastal Resources Commission's ("CRC") cruet, orby redemgrdng the project as
neoemary to eg'ect complience ram$ the stntature at issue.
S. BY entering into this Agreement, DMM does not waive Cho right to assess a civil
penalty agaiant IPOA or otherwise ene ce'Ash, violations of CAMA or the C=19 titian and
IPOA does not waivo its tight to context or dd'ced the same.
4
..I.. xa , wga.144 e9eeaUSTS ap:91 ssez/CT/00
RECEIVED APR-10-1005 19,04 FROM-816Tti10T5 TO•HILTON GARDEN INN LA FAGR 001
04/19/2005 TILE 22:11 [TX/RX NO 68251 0005

. .
APR-18-2005 19:20 FROI HILTON GARDEN INN LAX EL SEGUNDO
T-542 P.006/008 F-731
BOUT (ruse am X11/lizl w-01 ml. 9Doa/6[/eo
6. VOA" whizout cantast, to femit to MM It civil:PemtY is the amount of
oas thousand donate ($1,000.00) Ss the allcpd violatiaa wttvned is the Apt A, 2005 'Notice of
Violatt X psyinew To be" mtlde Witbin ben. (lo) days of tin awartion of this ASmemomt.
7. IINOA admowledges the rMa of erosion sssodmd with building on tbie site mA
rewpd=a pur = to G.S. 113A-115.1, LAMA does not allow wnsuu@lon of sharoliae
erosion control structures such as seaw4la to prated tuts project.
IN W1TNMS WHEREOF, *a parties hereto. u&ng through their duly altehorixed
age=, Lave caused this Agractoonr w be execured as of iho datc fust Awm wthtmL
ff.jljjit : a 1'•• 1:1 • • N'
$r• CF ulr-t. S. Gl.„. 16 ae.o
--&Oft V. waft4w tiles S. Janes. Mcaar
General l er b''wslou ofGaasral M�
s
90/99 ww wqsqom 05eesscsts et•:9S B60L/6t/va
RECEIVED APR-19-20DE 18104 FROM-9107881076 TO-HILTON GARDEN INN LA PAGE 008
04/19/2005 ME 22:11 ITX/RX NO 68251 ID 006

Ph-
NCDENR
North Carolina Department of Environment and Natural Resources
Division of Coastal Management
Michael F. Easley, Governor Charles S. Jones, Director
NOTICE OF VIOLATION
April 8, 2005
CERTIFIED MAIL
RETURN RECEIPT REQUESTED
Independent Property Owners of America
c/o Mr. Sterling Webster
P. 0. Box 2716
Kill Devil Hills, NC 27948
William G. Ross Jr., Secretary
RE: VIOLATIONS) OF CAMA MAJOR DEVELOPMENT PERMIT NO. 18-05 CAMA
VIOLATION #05-07A
Dear Mr. Webster:
This letter confirms that on April 6, 2005, John Cece, field representative for the Division of Coastal
Management, was onsite at your property located at 5353 Virginia Dare Trail adjacent to the
Atlantic Ocean located in the Town of Kitty Hawk, Dare County, North Carolina. The purpose of the
visit was to monitor the permitted development of the oceanfront hotel complex and to ensure that
no construction had begun at the site. This site visit follows ongoing meetings with DENR General
Counsel and your attorneys over the last few weeks regarding your project's inability to comply with
the Coastal Resources Commission's (CRC) setbacks for development in the Ocean Hazard Area
of Environmental Concern (AEC). At the most recent meeting on March 30, 2005, you agreed to
provide an updated survey depicting the existing erosion escarpment and the 120' setback from
that escarpment line. The Department received this updated survey on Monday, April 4, which was
hand delivered to Director Charles Jones on Tuesday, April 5. On Wednesday, April 6, the Division
made the site visit.
Information gathered by me for the NC Division of Coastal Management shows that you have
violated the terms or conditions of State Permit No. 18-05 which was issued to you by the Coastal
Resources Commission and the North Carolina Department of Environment and Natural
Resources. I hereby request that you immediately CEASE AND DESIST such violation(s) and
comply with the terms and conditions of the above permit.
On February 1, 2005, State Permit No. 18-05 was issued to Independent Property Owners of
America for the construction of a hotel complex within the Ocean Hazard AEC on property located
in Dare County, North Carolina, off Virginia Dare Trail. This permit was issued for CAMA Major
Development in an Area of Environmental Concern, in accordance with North Carolina General
Statutes (N.C.G.S.) 113A-118.
400 Commerce Avenue, Morehead City, North Carolina 28557
Phone: [phone] FAX: [phone] Internet: www.nccoastalmanagement.net
An Equal Opportunity 1 Affirmative Action Employer-50% Recycled 110% Post consumer Paper
M

Mr. Sterling Webster
Page 2
April 8, 2005
The CRC's rule 15A NCAC 07J.0403(d) states that "No development shall begin until the
oceanfront setback requirement can be established. When the processor of a permit or a ruling of
exception is ready to begin construction, he shall arrange a meeting with the appropriate permitting
authority at the site to determine the oceanfront setback. This setback determination shall replace
the one done at the time the permit was processed and approved and construction must begin
within a period of 60 days from the date of the meeting. In the case of a major shoreline change
within that period a new setback determination will be required before construction begins. Upon
completion of the measurement, the permitting authority will issue a written statement to the
permittee certifying the same." In accordance with that rule, your permit included the following
condition:
1. Prior to the initiation of any construction authorized by this permit, a representative of the
Division of Coastal Management shall stake the limits of the small structure (60 feet) and
large structure (120 feet) setbacks. Construction must begin within 60 days of these
determinations. Failure to initiate construction, or erosion of the shoreline by adverse
weather conditions, shall require these limits to be restaked by the Division.
For the following reason, you are in violation of the above condition of your permit:
The Division has not staked the first line of stable natural vegetation (FLSNV). The submitted
survey showing the escarpment has not been confirmed as the FLSNV. However, if the
erosion escarpment and the FLSNV are in close proximity to each other then the permitted
structures (i.e. hotel and parking lots) no longer meet the current setback. The exact location
of the FLSNV rather than the apparent erosion escarpment must be staked by DCM as
required by your permit and the CRC's rule, before the impact of this encroachment of these
structures into the setback can be determined.
If the terms and conditions of a permit are not complied with, the permit becomes null and void
from the date of its issuance. To comply with the terms and condition of the permit issued to you,
you must: 1) Request that a DCM staff member stake the FLSNV as required by 15A NCAC
07J.0403, 2) Provide DCM with a revised surveyed plat showing the FLSNV as described in item
#1 and the new location of all structures consistent with the pertinent setbacks, and 3) Submit a
request to modify CAMA Permit #18-05 to reflect the changes in the project
If you intend to cooperate with my request, please sign one of the attached Restoration
Agreements and return it to me in the self-addressed envelope within (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.

in hose —A ad
M cr Priority MOW
ZE mall.
ertifietl Mail. For
I to provide proof of
� antl attach a Return
postage to cover the
-eive a fee waiver for
3rtified Mail recelpt is
io the addressee or
the mailpiece with the
Nease present the ara-
K on the Certified Mall
Cage and mail.
n making an Inquiry.
,liable on mall

U.S. Postal Servicew
CERTIFIED MAIL. RECEIPT
(DOnlesfic'Mall Only; No Insurance Coverage
information visit our website
i
PS Form 8800, Junc 2002 See Reverse for Instructions

Mr. Sterling Webster
Page 3
April 8, 2005
A civil penalty of up to Twenty -Five Hundred Dollars ($2500.00) may be assessed, or an injunction
or criminal penalty may be sought against any person who violates a CAMA Major Development
permit. It is the policy of the Coastal Resources Commission to assess a minimum civil penalty of
$500 against all violations. This is done to recoup some of the costs of investigating violations
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 that were 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 (N.C.G.S. 113A-
126).
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 near future to
determine whether this REQUEST TO CEASE AND DESIST has been complied with. I request
that you contact me immediately about these important matters.
Thank you for your time and cooperation in resolving this important matter. If you have any
questions about this or related matters, please call me at 252-808-2808.
Sincerely,
M. Ted Tyndall
Assistant Director
cc: Charles S. Jones, Director, DCM
Ted Sampson, District Manager, DCM
John Cece, Field Representative, DCM
Roy Brownlow, Compliance Coordinator, DCM
Merrie Jo Alcoke, Assistant Attorney General
Dan Oakley, DENR General Counsel
Tim Sullivan, Attorney for permittee
ENCLOSURE

#05-07A
RESTORATION AGREEMENT
for
Independent Property Owners for America
Property located at 5353 N. Virginia Dare Trail, in Kitty Hawk,
Dare County, North Carolina
As agent for Independent Property Owners of America, I agree to: 1) Request that DCM
staff stake the FLSNV as required by 15A NCAC 07J.0403, 2) Provide the DCM with a
revised surveyed plat showing the FLSNV in accordance with item #1 and the new
locations of all structures relocated indicating their compliance with the pertinent
setbacks, and 3) Submit a request to modify CAMA Major Permit #18-05 pursuant to
15A NCAC 07J .0405.
I, Sterling Webster, as agent for Independent Property Owners of America, agree to the
complete the above described restoration requirements.
I agree to complete this restoration to the satisfaction of the Division of Coastal
Management by May 9, 2005, or provide an explanation for non-compliance and a
reasonable request for time extension.
SIGNATURE:
DATE:
It is the policy of the Coastal Resources Commission to levy a minimum civil assessment
of $500 and higher against all violations of this type of 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.

#05-07A
RESTORATION AGREEMENT
for
Independent Property Owners for America
Property located at 5353 N. Virginia Dare Trail, in Kitty Hawk,
Dare County, North Carolina
As agent for Independent Property Owners of America, I agree to: 1) Request that DCM
staff stake the FLSNV as required by 15A NCAC 07J.0403, 2) Provide the DCM with a
revised surveyed plat showing the FLSNV in accordance with item #1 and the new
locations of all structures relocated indicating their compliance with the pertinent
setbacks, and 3) Submit a request to modify CAMA Major Permit #18-05 pursuant to
15A NCAC 07J .0405.
I, Sterling Webster, as agent for Independent Property Owners of America, agree to the
complete the above described restoration requirements.
I agree to complete this restoration to the satisfaction of the Division of Coastal
Management by May 9, 2005, or provide an explanation for non-compliance and a
reasonable request for time extension.
SIGNATURE:
DA
It is the policy of the Coastal Resources Commission to levy a minimum civil assessment
of $500 and higher against all violations of this type of 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.

19-Apr-05 NC DIVISION OF COASTAL MANAGEMENT ENFORCEMENT RECORD
CASE STATUS CASE NUMBER LAST NAME
FIRST NAME BUSINESS NAME:
• CASE 18 OPEN 05-07A WEBSTER STERLING JINDEPENDENT PROPERTY OWN
CASE IS CLOSED
AFFLILIATION SECTOR
NOV DATE CLOSURE DATE PROPERTY OW NE COMMERCIAL ❑ PreVIOUS VIOIatIODS In Same AEC
for Similar Activities
4/8/2005 F—
MAILING ADDRESS CITY STATE
POB 2716 IKILL DEVIL HILL NC
PROPERTY ADDRESS COMMUNITY
5353 VIRGINIA DARE TRAIL KITTY HAWK
ZIP CODE PHONE NUMBER
27948-�
WATERBODY NEAREST ROAD
ATLANTIC OCEAN
DISTRICTOFFICE COUNTY DCM REPRESENTATIVE LPO CONTACT
ECDO DARE ITYNDALL I
VIOLATION TYPE
MAJOR PERMIT CONDITION VIOLATION
NATURE OF VIOLATION
AEC TYPE OH
of terms and conditions of State Permit No. 18-05 by commencing development without first having a DCM
lative confirm and stake the first line of natural stable vegetation prior to work to ensure the structures and
lent will meet the current setback within the OH AEC.
--RESTORATION STATUS
❑ RESTORATION NOT REQUIRED - CONTRACTOR
RESTORATION NOT REQUIRED - PERMITTABLE DEVELOPMENT
RESTORATION NOT REQUIRED - FURTHER IMPACTS
RESTORATION PENDING
i
RESTORATION REQUEST DATE COMPLETION DATE
5/9/2005 �-`—'--
RESTORATION EXTENDED RESTORE DATE
DEADLINE
EXTENDED
jJ REFERRED TO AG'S OFFICE - COLLECTION
REFERRED TO AG'S OFFICE - INJUNCTION
ASSESSMENT DATE PENALTY AMOUNT COLLECTION DATE AMOUNT COLLECTED
,... PENALTY STATUS
❑ PENALTY ISSUED
❑ PENALTY NOT ISSUED ❑ WILLFUL INTENTIONAL PENALTY (MIN. OR DOUBLED) ❑ CNOV ISSUED
[ CONRACTOR'S FIRST OFFENSE SETTLED, AGREED UPON, OR STIPULATED PENALTY ❑ PENALTY APPEALED
I UNCOLLECTIBLE PENALTY ❑ FORMAL CPA ISSUED
Violations Involving Adversely Impacted Resources
AMOUNT OF ADVERSELY DISTURBED AREA (SO. FT.) � —
AMOUNT OF RESTORED AREA (SO. FT) I
NOTES

13-May-05 NC DIVISION OF COASTAL MANAGEMENT ENFORCEMENT RECORD
CASE STATUS CASE NUMBER LAST NAME
FIRST NAME BUSINESS NAME:
�WIIIIIliI I 05-07A IWEBSTER STERLING INDEPENDENT PROPERTY OWN
4. CASE IS CLOSED
NOV DATE CLOSURE DATE AFFLILIATION SECTOR Previous Violations in Same AEC
PROPERTY OWNE ICOMMERCIAL El for Similar Activities
4/8/2005
MAILING ADDRESS
CITY STATE
ZIP CODE PHONE NUMBER
POB 2716
KILL DEVIL HILL NC
27g43_
PROPERTY ADDRESS
COMMUNITY
WATERBODY NEAREST ROAD
5353 VIRGINIA DARE TRAIL
IKITTY HAWK
ATLANTIC OCEAN F_
DISTRICT OFFICE COUNTY DCM REPRESENTATIVE LPO CONTACT
ECDO DARE ITYNDALL r�
i
VIOLATION TYPE AFFECTED AEC(S)J _-) CW [IEW ❑ PTA ❑ PTS ES ❑
MAJOR PERMIT CONDITION VIOLATION [/I OEA V HHFA ❑ IHA [I PWS ❑ NCRA I
NATURE OF VIOLATION AEC DESCRIPTION J OH
representative confirm and stake the first line of natural stable
development will meet the current setback within the OH AEC.
RESTORATION STATUS
❑ RESTORATION NOT REQUIRED - CONTRACTOR
❑ RESTORATION NOT REQUIRED - PERMITTABLE DEVELOPMENT
I RESTORATION NOT REQUIRED - FURTHER IMPACTS
] RESTORATION PENDING
'`PENALTY STATUS ----- - -
jJ, PENALTY ISSUED
❑ PENALTY NOT ISSUED
❑ CONRACTOR'S FIRST OFFENSE
I_
commencing development without first having a DCM
vegetation prior to work to ensure the structures and
RESTORATION REQUEST DATE COMPLETION DATE
5/9/2005
RESTORATION EXTENDED RESTORE DATE
i DEADLINE
EXTENDED
L REFERRED TO AG'S OFFICE - COLLECTION
1-1 REFERRED TO AG'S OFFICE - INJUNCTION
ASSESSMENT DATE PENALTY AMOUNT COLLECTION DATE AMOUNT COLLECTED
I $1,000 5�3/2005 51.000
V WILLFUL -INTENTIONAL PENALTY (MIN. OR DOUBLED) CNOV ISSUED
SETTLED, AGREED UPON, OR STIPULATED PENALTY PENALTY APPEALED
UNCOLLECTIBLE PENALTY
Violations Involving Adversely Impacted Resources
AMOUNT OF ADVERSELY DISTURBED AREA (SQ. FT.)
AMOUNT OF RESTORED AREA (SQ. FT) r-
NOTES
FORMAL CPA ISSUED

UNITED STATES POSTAL SERVICE
I I II I PPostage & Fees ermit
e No. G-tp IPaid
• Sender: Please print your name, address, and ZIP+4 in this box
N.C. Division of Coastal Management
400 Commerce Avenue
Morehead City, N.C. 28557
808-2808
o'? II I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I II

■ Complete items 1, 2, and 3. Also complete
item 4 if Restricted Delivery Is desired.
■ Print your name and address on the reverse
so that we can return the card to you.
■ Attach this card to the back of the mailpiece,
or on the front d space permits.
1. Article Addressed to:
� antis
2. Article Number
(transfer from service labeq
A
❑ Agent
B. Received by (Printed Name) I C. Date of
D. Is delivery address different from Item 17 ❑ Y&
If YES, enter delivery address below: ❑ No
3. Service Type
/TCertifled Mail ❑ Express Mail
0 Registered _P,1116(um Receipt for Marchand
❑ Insured Mail ❑ C.O.D.
4. Restricted Delivery'1(Bft Fee) ❑ Yes
7004 2890 0003 8041 9601
4 PS Form 3811, February 2004 Domestic Return Receipt 102595-0:

Certified Mail Provides: (asianadl zcoz eunr'006E uaoj ad
■ A mailing receipt
■ A unique identifier for your mallpiece
■ A record of delivery kept by the Postal Service for two years
Important Reminders:
■ Certified Mail may ONLY be combined with First -Class Mail® qr Priority Mail,
■ Certified Mail is not available for any class of international mail.
■ NO INSURANCE COVERAGE IS PROVIDED with Certified Mail. For
valuables, please consider Insured or Registered Mal.
■ For an additional fee, a Return Receipt may be requested to provide proof of
delivery. To obtain Return Receipt service, please complete and aaach a Return
Receipt (PS Form 3811) to the article and add applicable postage to cover the
fee. Endorse mailpiece "Return Receipt Requested'. To receive a fee waiver for
a duplicate return receipt, a USPSO postmark on your Certified Mail receipt is
required.
■ For an additional fee, delivery may be restricted to the addressee or
addressee's authorized agent. Advise the clerk or mark the mailpieoe with the
endorsement "Restricted Delivery".
in If a postmark on the Certified Mail receipt is desired, please present the arfi-
cle at the post offica for postmarking. If a postmark on the Certified Mail
receipt is not needed, detach and affix label with postage and mail.
IMPORTANT: Save this receipt and present it when making an inquiry.
Internet access to delivery information is not available on mail
addressed to APOs and FPOs.

U.S. Postal Service,,.,
CERTIFIED MAIL,,, RECEIPT
(Domestic Mail Only; No Insurance Coverage
information visit our website
PS Form 3800, June 2002 See Reverse for Instructions