HomeMy WebLinkAbout19-15EX Beacon ML Properties LLC................................
Permit Gass Permit Number
NEW 19-15
(EXPRESS PERMIT PROGRAM) STATE OF NORTH CAROLINA
Department of Environment and Natural Resources
and
X Major Development in an Area of Environmental Concern
pursuant to NCGS 113A-118
Excavation and/or filling pursuant to NCGS 113-229
Issued to Beacon ML Properties, LLC.,100 Landmark Sq., Virginia Beach, VA 23452
Authorizing development in Dare County adi. to the Atlantic Ocean, at 2617 South
Virginia Dare Trail in Nags Head as requested in the permittee's application dated 1 /_. 7(15 including the
attached workplan drawing (1) dated 11/24/14 and the attached AEC Hazard Notice dated 12/3/14
This permit, issued on February 6.2015 is subject to compliance with the application (where consistent
with the permit), all applicable regulations, special conditions and notes set forth below. Any violation of these terms may
be subject to fines, imprisonment or civil action; or may cause the permit to be nun ana voia.
Upland (Development
1) Unless specifically altered herein, this permit authorizes the land disturbing activities associated with
the development of the above referenced property, all as expressly and specifically set forth in the
attached permit application and workplan drawings. Any additional land disturbing activities and/or
construction may require a modification of this permit. Contact a Division of Coastal Management
representative at (252) 264-3901 for this determination.
(See attached sheet for Additional Conditions)
This permit action may be appeaiea by the pernimee or
other qualified persons within twenty (20) days of the issuing
date.
This permit must be accessible on -site to Department
personnel when the project is inspected for compliance.
Any maintenance work or project modification not covered
hereunder requires further Division approval.
All work must cease when the permit expires on
December 31, 2018
In issuing this permit, the State of North Carolina agrees
that your project is consistent with the North Carolina Coastal
Management Program.
01611uu uy w. � u- ... ........
Chairman of the Coastal Resources Commission.
sew
UJ�,, raxton C. Davis, Director
ivislon of Coastal Management
This permit and its conditions are hereby accepted.
I Signature ofPermittee
Beacon ML Properties, LLC. Permit # M15
Page 2 of 2
ADDITIONAL CONDITIONS
Sedimentation and Erosion Control
2) Appropriate sedimentation and erosion control devices, measures or structures shall be implemented to
ensure that eroded materials do not enter adjacent wetlands, watercourses and property (e.g. silt fence,
diversion swales or berms, etc.).
3) All disturbed areas shall be properly graded and provided a ground cover sufficient to restrain erosion
within thirty days of project completion.
General
4) This permit shall not be assigned, transferred, sold, or otherwise disposed of to a third party without the
written approval of the Division of Coastal Management.
5) The permittee and/or his contractor shall meet on site with a representative of the Division prior to
project initiation.
NOTE: This permit does not eliminate the need to obtain any additional state, federal or local permits,
approvals or authorizations that may be required.
NOTE: Future development of the permittee's property may require a modification of this permit.
Contact a representative of the Division at (252) 264-3901 prior to the commencement of any
such activity for this determination.
t
IN MP 1
APPLICATION for JAN - 8 2015
Ma,lor Development Permit I
(last revised 12/27/06)
NoKkCarolina DIVISION OF COASTALWANAGEMENT
1. Primary Applicant/ Landownerinfo►mation
Business Name
Project Name (if applicable)
Beacon ML Properties, LLC
N/A
Applicant 1: First Name
MI
Last Name
Nigel
Buttery
Applicant 2: First Name
MI
Last Name
If additional applicants, please attach an additional page(s) with names listed.
Mailing Address
PO Box
City
State
100 Landmark Sq.
Virginia Beach
VA
ZIP
Country
Phone No.
FAX No.
23452
USA
ext.
-
-
Street Address (d different from above)
City
State
ZIP
Email
nigelbuttery@slaitconsulting.com
2. Agent/Contractor Information
Business Name
Environmental Professionals, Inc.
Agentl Contractor 1: First Name
MI
Last Name
George
H.
Wood
Agentl Contractor 2: First Name
MI
Lest Name
Mailing Address
PO Box
City
State
3368
Kill Devil Hills
NC
ZIP
Phone No. 1
Phone No. 2
27948
252 - 441 -0239 ext. 105
252 - 423 -1234
ext.
FAX No.
Contractor #
252 441 0721
Street Address (d different from above)
City
State
ZIP
1404 S. Virginia Dare Trail
Kill Devil Hills
NC
27948-
Email
obxwood@yahoo.com
"tcelk,®
<Form continues on back> AN
a.- a��c
252-808-2808 :: 1.888-4nCOAST :: www.nccoastalmanagement.net
Beacon ML Properties, LLC '
Project Narrative
JAIN - 8 2015 I i
7 1,771-1
The Beacon Motor Lodge Properties are located on nine oceanfront lots which includes seven strttett ._,,,,
• The L-shaped structure on the southern border of the property (primarily Lot 1) is principally
motel rooms and is +/- 10,743 square feet with an additional +/- 2,950 square feet of deck.
• The main building (primarily Lot 4) houses motel rooms. and the office is +/- 6,174 square feet.
• The pool house on Lot 2 is +/. 390 square feet.
• The house on Lot 6 is +/- 648 square feet.
• The two structures (keeper's quarters) on Lots 7 and 8 are 648 square feet and 1,215 square feet.
• The house on Lot 9 is 1,307 square feet.
Two on -site wastewater systems exist on either side of the office building with the smaller of the two
adjacent to the playground and swimming pool. The property also supports asphalt and concrete drive
aisles and parking for the buildings.
The proposed plan is to demolish all of the existing structures at the site, including the wastewater systems
and to remove all of the impervious surfaces. The most oceanward dune will need to be re-established on
the southern portion due to the fact that the existing building is built into and under the frontal dune. Sand
required to build this dune will be relocated front the primary dune on the northern portion relocating +/-
7.3% of the dunes' volume. The new dune and the disturbed dune area will be vegetated. with American
Beach Grass.
The remaining disturbed areas will be stabilized per the Sedimentation and Erosion Control Plan.
The properties will be marketed as single-family residential lots.
RECEIVED
JAN 12 2015
tGm-M.HE) Cm
Form DCM MP-1 (Page 2 of 4)
1..... .__ _.--. .. .. -. __.-..,..�
i
2015
APPLICATION for
Major Development Permit
3. Project Location
County (can be multiple)
Street Address
State Rd. #
Dare
2617 S. Virginia DAre-Trait---= -
NC 12
Subdivision Name
City - - -- -
State
Zip
Nags Head Shores
Nags Head
NC
27959 -
Phone No.
Lot No.(s) (if many, attach additional page with list)
N/A - ext.
Lots 1 - 9, 1 1 ,
a. In which NC river basin is the project located?
b. Name of body of water nearest to proposed project
Pasquotank
Atlantic Ocean
c. Is the water body identified in (b) above, natural or manmade?
d. Name the closest major water body to the proposed project site.
®Natural []Manmade ❑Unknown
Atlantic Ocean
e. Is proposed work within city limits or planning jurisdiction?
f. If applicable, list the planning jurisdiction or city limit the proposed
®Yes ❑No
work falls within.
Nags Head
4. Site Description
a.
Total length of shoreline on the tract (ft.)
b. Size of entire tract (sq.ft.)
450 LF
3.39 acres 147,616.5 square feet
c.
Size of individual lot(s)
d. Approximate elevation of tract above NHW (normal high water) or
N/A, I I
NWL (normal water level)
(If many lot sizes, please attach additional page with a list)
11.0 ❑NHW or SNWL
e.
Vegetation on tract
Yaupon, Lawn Grasses
f.
Man-made features and uses now on tract
Motel, Parking, Swimming Pool, Wastewater System
g.
Identify and describe the existing land uses adjacent to the proposed project site.
Residential and Beach Access
h.
How does local government zone the tract?
I. Is the proposed project consistent with the applicable zoning?
CR
(Attach zoning compliance certificate, if applicable)
SYes []No ❑NA
j.
Is the proposed activity part of an urban waterfront redevelopment proposal? ❑Yes SNo
k.
Hasa professional archaeological assessment been done for the tract? If yes, attach a copy. []Yes SNo ❑NA
If yes, by whom?
I.
Is the proposed project located in a National Registered Historic District or does it involve a ❑Yes SNo ❑NA
National Register listed or eligible property? RECEIVED
<Form continues on next page>
JAN 12 10x
PRIN=MMR ern
252-808-2808 :: 1-888-4Re:OAST :: www.nccoastalmanagement.net
Form DCM MP-1 (Page 3 of 4)
- 8 2015
APPLICATION for
Major Development Permit /
m. (i) Are there wetlands on the site? - - - - --- -' ❑Yes ®No
(ii) Are there coastal wetlands on the site? _-- - ❑Yes ®No
(III) If yes to either (i) or (ii) above, has a delineation been conducted? []Yes ®No
(Attach documentation, if available)
n. Describe existing wastewater treatment facilities.
On -site ground absorption system
o. Describe existing drinking water supply source.
Municipal
p. Describe existing storm water management or treatment systems.
None
5. Activities and Impacts
a.
Will the project be for commercial, public, or private use?
❑Commercial ❑Public/Govemment
®Private/Community
b.
Give a brief description of purpose, use, and daily operations of the project when complete.
Residential
c.
Describe the proposed construction methodology, types of construction equipment to be used during construction, the number of each type
of equipment and where it is to be stored.
Bulldozer to demolish buildings. Dump trucks to haul materials.
d.
List all development activities you propose.
Remove existing structures from site and redistribute sand to construct frontal dune.
e.
Are the proposed activities maintenance of an existing project, new work, or both?
New Work
f.
What is the approximate total disturbed land area resulting from the proposed project?
2.5 ❑Sq.Ft or ®Acres
g.
Will the proposed project encroach on any public easement, public accessway or other area
❑Yes ®No ❑NA
that the public has established use of?
h.
Describe location and type of existing and proposed discharges to waters of the state.
None
I.
Will wastewater or stormwater be discharged into a wetland?
[]Yes ®No ❑NA
If yes, will this discharged water be of the same salinity as the receiving water?
❑Yes ❑No ®NA
J.
Is there any mitigation proposed?
❑Yes ®No ❑NA
If yes, attach a mitigation proposal.
<Form continues on back>
Sri ✓��j r�c�`FO
252-808-2808 .. 1.888-4111ICOAST .. www.nccoastalmanagement,net
Form DCM MP-1 (Page 4 of 4)
APPLICATION for
Major Development Permit
6. Additional Information
In addition to this completed application form, (MP-1) the following items below, if applicable, must be submitted in order for the application
package to be complete. Items (a) — (f) are always applicable to any major development application. Please consult the application
instruction booklet on how to properly prepare the required items below.
a. A project narrative.
b. An accurate, dated work plat (including plan view and cross -sectional drawings) drawn to scale. Please give the present status of the
proposed project. Is any portion already complete? If previously authorized work, clearly indicate on maps, plats, drawings to distinguish
between work completed and proposed.
c. A site or location map that is sufficiently detailed to guide agency personnel unfamiliar with the area to the site.
d. A copy of the deed (with state application only) or other instrument under which the applicant claims title to the affected properties.
e. The appropriate application fee. Check or money order made payable to DENR.
f. A list of the names and complete addresses of the adjacent waterfront (riparian) landowners and signed return receipts as proof that such
owners have received a copy of the application and plats by certified mail. Such landowners must be advised that they have 30 days in
which to submit comments on the proposed project to the Division of Coastal Management.
Name Town of Nags Head/Attn: Cliff Ogburn Phone No.
Address P.O. Box 99, Nags Head, NC 27959
Name Mr. Hassan Hassan Phone No.
Address 130 Breezy Point Drive, Yorktown, VA 23692
Name Phone No.
Address
g. A list of previous state or federal permits issued for work on the project tract. Include permit numbers, permiltee, and issuing dates.
None
h. Signed consultant or agent authorization form, if applicable.
I. Wetland delineation, if necessary.
j. A signed AEC hazard notice for projects in oceanfront and inlet areas. (Must be signed by property owner)
k. A statement of compliance with the N.C. Environmental Policy Act (N.C.G.S. 113A 1-10), if necessary. If the project involves expenditure
of public funds or use of public lands, attach a statement documenting compliance with the North Carolina Environmental Policy Act.
1 7. Certiticadon and Permission to Enter on Land
I understand that any permit issued in response to this application will allow only the development described in the application.
The project will be subject to the conditions and restrictions contained in the permit.
I certify that I am authorized to grant, and do in fact grant permission to representatives of state and federal review agencies to
enter on the aforementioned lands in connection with evaluating information related to this permit application and follow-up
monitoring of the project.
I further certify that the information provided in this application is truthful to the best of my knowledge.
Date Z Print Name ii C4 rq L 1i WwdfiJv� fo
Signature
Please indicate application attachments pertaining to your proposed project.
❑DCM MP-2 Excavation and Fill Information ❑DCM MP-5 Bridges and Culverts
❑DCM MP-3 Upland Development
❑DCM MP-4 Structures Information
RECEIVED
JAN 12 10E
Bela=r�rlr� elm
252-808-2808 :. 1-888-4RCOAST :: www.nccoastalmanagement".net
Form DCM MP-3
UPLAND DEVELOPMENT
(Construction and/or land disturbing activities)
A. ill
Attach this form to Joint Application for CAMA Major Permit, Form DCM MP-1. Be sure tq,cgfttplete,a(j.ot(ter,.§,00pr(p pf the inh
Application that relate to this proposed project. Please include all supplemental information. - -- -
IGENERAL UPLAND DEVELOPMENT
a. Type and number of buildings, facilities, units or structures
proposed.
c. Density (give the number of residential units and the units per
acre).
0
e. If the proposed project will disturb more than one acre of land, the
Division of Land Resources must receive an erosion and
sedimentation control plan at least 30 days before land -disturbing
activity begins.
(i) If applicable, has a sedimentation and erosion control plan been
submitted to the Division of Land Resources?
®Yes ❑No ❑NA
(ii) If yes, list the date submitted: 12-5-14 to Town of
Nags Head
g. Give the percentage of the tract within the coastal shoreline AEC to
be covered by impervious and/or built -upon surfaces, such as
pavement, building, rooftops, or to be used for vehicular driveways
or parking.
0
i. Give the percentage of the entire tract to be covered by impervious
and/or built -upon surfaces, such as pavement, building, rooftops,
or to be used for vehicular driveways or packing.
0
j. Describe proposed method of sewage disposal.
None
I. Describe location and type of proposed discharges to waters of the
state (e.g., surface runoff, sanitary wastewater, industrial/
commercial effluent, 'wash down" and residential discharges).
None
b. Number of lots or parcels.
d. Size of area to be graded, filled, or disturbed including roads,
ditches, etc.
2.5 acres
f. List the materials (such as mad, paver stone, asphalt, or concrete)
to be used for impervious surfaces.
None
h. Projects that require a CAMA Major Development Permit may also
require a Stormwater Certification.
(1) Has a site development plan been submitted to the Division of
Water Quality for review?
®Yes ❑No ❑NA
(ii) If yes, list the date submitted: _12-5-14_
k. Have the facilities described in Item (i) received state or local
approval?
❑Yes ®No ❑NA
If yes, attach appropriate documentation.
m. Does the proposed project include an innovative stormwater
design?
❑Yes ®No ❑NA
If yes, attach appropriate documentation.
252-808-28082 :: 1.888.4RCOAST :: www.necoastalmanagement.net revised: 12/26/06
Fore%;: DCM MP-3• (Upland Development, Page 2 of 2)
m. Describe proposed drinking water supply source (e.g., well,
community, public system, etc.)
Municipal
o. When was the lot(s) platted and recorded?
1936
Applicant
n. (i) Will water be impounded? ❑Yes ®No ❑NA
(ii) If yes, how many acres? N/A
p. If proposed development is a subdivision, will additional utilities be
installed for this upland development?
❑Yes ®No ❑NA
RECEIVED
JAN 12 1015
Fk?g!MPm p"y
252-808-2808 :: 1.868-4RCOAST :: www.nccoastalmanaaement.net revised: 12/26/06
OCEAN HAZARD AEC NOTICE
Project is to an: Ocean Erodible Area High Hazard Flood Area Inlet Hazard Area
Property Owner: Lt`4M�n rf •� / 1
Property Address:;&07 `a0-7
I l /
Date Lot Was Platted:
This notice is intended to make you, the applicant, aware of the
special risks and conditions associated with development in this
area, which is subject to natural hazards such as storms• erosion
and currents. The rules of the Coastal Resources Commission
require that you receive an AEC Hazard Notice and
acknowledge that notice in writing before a permit for
development can be issued.
The Commission's riles on building standards, oceanfront
setbacks and dune alterations are designed to minimize, but not
eliminate, property loss from hazards. By granting permits, the
Coastal Resources Commission does not guarantee the safety of
the development and assumes no liability for future damage to
the development. Pernihs issued in the Ocean Hazard Area of
Environmental Concern include the condition that structures be
relocated or dismantled if they become imminently threatened
by changes in shoreline configuration. The structure(s) must be
relocated or dismantled within two (2) years of becoming
imminently threatened, and in any case upon its collapse or
subsidence.
The best available inf rmation, as accepted by the Coastal
Resources Commission, indicates that the annual long -tents
average oc erosion rate for the area where your property is
located is feet per year.
The rate was established by careful analysis of aerial
photographs of the coastline taken over the past 50 years.
Studies also indicate that the shoreline could move as much as
45 fbet landward in a major storm.
The flood waters in a major storm arc predicted to be about
feet deep in this area. (vE)
Preferred oceanfront protection measures are beach nourishment
and relocation of threatened structures. Hard erosion control
structures such as bulkheads, seawalls• revetments, groins, jetties
and breakwaters are prohibited. Temporary sand bags may be
authorized under certain cmtditions.
The applicant must acknowledge this information and
requi $$ems by signing this notice in the space below. Without
the �r signature, the application will not be complete.
i
Property Owner nature Date
SPECIAL NOTE: This hazard notice is required for
development in areas subject to sudden and massive stones and
emsion. Permits issued for development in this area expire on
December 31 of the third year following the year its which the
pennit was issued. Shortly before work begins on the project
site, the Local Permit Officer must be contacted to determine the
vegetation line and setback distance at your site. If the property
has seen little chaoge since the time of permit issuance, and the
proposed development can still meet the setback requirement,
the LPO will inform you that you may begin work. Substantial
progress on the project must be made within 60 days of this
setback determination, or the setback must be rcmeasured. Also,
the occurrence of a major shoreline change as the result of a
storm within the 60-day period will necessitate remeasurement
of the setback. It is important that you check with the LPO
before the permit expires for onicial approval to continue the
work after the permit has expired. Generally, if foundation
pilings have been placed and substantial progress is continuing,
permit renewal can he authorized. It is unlawful to continue
work after permit expiration.
For more injormaden, contact.
--7AXN R. 50-n8crs
Local Permit OfAicer
TO Cox 99 1,IG HwA4 IIc
Address II II
town O� oaGs McC4
Locality
(2522 4Lk `1-100L-5
Phone"Number
)
JAIN - g 2015 RECEIVED
JAN l % 0
RECENEC
JAN 19
UCfta-w4
Revised May 2010
DCM Coordinator: i✓ ' `7 (% Permit #:
MAILING DISTRIBUTION SHEET p
Permitee: �QG ! �r� A L ��%k/ / L I
Agents: (—�;,
DCM Field Offices
Elizabeth City
Morehead City
Washington
Wilmington
U
(with revised work plan drawings)
S ACOE Offices.
Washington:
Raleigh Bland ✓
Tracey Wheeler
-
William Westcott (NC DOT)
Bill Biddlecome (NC DOT)
Wilmington:
Tyler Crumbly
Cultural Resources:
Renee Gledhill -Early
Public Water Supply:
Diane Williams (WIRO)
Joey White (WARD)
Marine Fisheries:
Shane Staples
Jessi Baker
NC DOT: Ken Pace
Shellfish Sanitation: Patti Fowler
State Property:
Tim Walton /
Water Quality:
Karen Higgins (Raleigh)
John Hennessy (NC DOT)
Washington:
Anthony Scarbraugh-401
Scott Vinson-Stormwater
Wilmington:
Joanne Steenhuis — 401
Chad Coburn - 401
Linda Lewis - Stormwater
Wildlife Resources:
Maria Dunn (WARD) f—�
Vacant (WIRO)
LPO:
Fax Distribution: Permitee #:
Agent #:
MCDENR
North Carolina Department of Environment and Natural Resources
Pat McCrory _ Donald R. van der Vaart
Governor Secretary.
February 9, 2015
Beacon ML Properties, LLC
100 Landmark Square
Virginia Beach, VA 23452
Dear Sir or Madam:
The enclosed permit constitutes authorization under the Coastal Area Management Act, and where
applicable, the State Dredge and Fill Law, for you to proceed with your project proposal. The original (buff -
colored form) is retained by you and it must be available on site when the project is inspected for
compliance. Please sign both the original and the copy and return the copy to this office in the enclosed
envelope. Signing the permit and proceeding means you have waived your right of appeal described below.
If you object to the permit or any of the conditions, you may request a hearing pursuant to NCGS
113A-121.1 or 113-229. Your petition for a hearing must be filed in accordance with NCGS Chapter 150B
with the Office of Administrative Hearings, 6714 Mail Service Center, Raleigh, NC 27611-6714, (919) 733-
2698 within twenty (20) days of this decision on your permit. You should also be aware that another
qualified party may submit an objection to the issuance of this permit within twenty (20) days.
The project plan is subject to those conditions appearing on the permit form. Otherwise, all work
must be carried out in. accordance with your application. Modifications, time extensions, and future
maintenance requires additional approval. Please read your permit carefully prior to starting work and review
all project plans, as approved. If you are having the work done by a contractor, it would be ito your benefit to
be sure that he fully understands all permit requirements.
From time to time, Department personnel will visit the project site. To facilitate this review, we
request that you complete and mail the enclosed Notice Card just prior to work initiation. However, if
questions arise concerning permit conditions, environmental safeguards, or problem areas, you may contact
Department personnel at any time for assistance. By working in accordance with the permit, you will be
helping to protect our vitally important coastal resources.
Enclosure
Sincerely,
V, /IJVZV-
Douglas V. Huggett
Major Permits and Consistency Manager
400 Commerce Avenue, Morehead City, North Carolina 28557
Phone: 252-808-28081 FAX 252-247-33301 Internet: www.nccoastalmanagement.net
An Equal Opportunity I Affirmative Action Employer
DIVISION OF COASTAL MANAGEMENT
FIELD INVESTIGATION REPORT
1. APPLICANT'S NAME: Beacon ML Properties, LLC
2. LOCATION OF PROJECT SITE: 2617 South Virginia Dare Trail, Nags Head, Dare
County, adjacent to the Atlantic Ocean
Photo Index — 1995: 185-1930 (U-8,9); 1989: 142-32 (R-7,8), 1984: 138-451 (E-6)
State Plane Coordinates - X: 2994200 Y: 829800 Manteo, NC, UR
3. INVESTIGATION TYPE: CAMA
4. INVESTIGATIVE PROCEDURE: Dates of Site Visit — 01/05/15
Was Applicant Present - No
5. PROCESSING PROCEDURE: Application Received Complete - 01/08/15
Office - Elizabeth City
6. SITE DESCRIPTION:
(A) Local Land Use Plan — Town of Nags Head
Land Classification from LUP - Conservation
(B) AEC(s) Involved: Ocean Erodible
(C) Water Dependent: No
(D) Intended Use: Private
(E) Wastewater Treatment: Existing — Onsite septic drain fields
Planned - To be removed
(F) Type of Structures: Existing — Motel, infra -structure, beach cottage
Planned — Demolition and removal
(G) Estimated Annual Rate of Erosion: 2 feet
Source — NC Division of Coastal Management
7. HABITAT DESCRIPTION: [AREA]
DREDGED FILLED OTHER
(A) Vegetated Wetlands
------------------
------------------
------------------
(B) Non -Vegetated Wetlands
------------
----------
------------------
(C) Other — Upland disturbance
----
------------------
2.5 acres
RECEIVED
(D) Total Area Disturbed: 2.5 ac JAN 12 9014
(E) Primary Nursery Area: No
(F) Water Classification: SB Open: Yes een'Ww f�) UPY
8. PROJECT SUMMARY: The applicant proposes to demolish an existing motel
complex and enhance a portion of an existing frontal dune.
Field Investigation Report
Page 2
Project Setting
This project is being processed under the EXPRESS PERMIT REVIEW PROGRAM.
The site of the proposed development is located at 2607-2617 South Virginia Dare Trail (NC
Highway 12), Nags Head, in Dare County. The property consists of nine oceanfront lots and is
currently the site of the Beacon Motel. The motel complex consists of three lodging buildings,
three support structures, an owner's cottage, a swimming pool area, playground and multiple
parking areas. The property is adjacent to NC 12 on the west, the Atlantic Ocean on the east,
a residential/vacation structure to the north and public access site owned by the Town of Nags
Head on the south.
The size of the entire tract is 147,616.5 sq ft (3.39 acres) and has approximately 450 ft of
oceanfront shoreline. The tract has an oceanfront dune that runs from north to south and has
elevations that range from +12 ft to +29 ft above sea level. The remainder of the property is
flat with an elevation of +11 ft above sea level.
Vegetation on the site consists of sea oats, American beach grass, cat briar, sea rocket,
panicum and seashore elder on the dune with the remainder vegetated with indigenous
grasses and ornamental shrubs that are maintained.
The waters of the Atlantic Ocean in this area are classified as SB and are open to shellfishing.
Proiect Description
The applicant proposes to demolish and remove all existing structures on the property, as well
as a ±200 sq ft accessory storage shed that encroaches into the adjacent town property. Once
the structures have been removed, the applicant proposes to relocate ±2000 cubic yards of
sand from the back side of the dune from a location where the dune is approximately 180 ft
wide to an area of the southern part of the dune, to build up and enhance the protectiveness of
the dune. The dune in this area has encroached on one of the lodging structures, nearly
covering the first floor along the oceanfront. The proposed sand relocation will help augment
and strengthen this section of the dune after the building has been removed. The applicant
proposes to stabilize the area of disturbance after the work is completed.
Anticipated Impacts
The development project will result in the disturbance of approximately 2.5 acres of uplands
and all existing impervious surfaces removed.
Date: 1 08 15'gN
.Frank Jennings, District Manager %cFi1Fo
60N, 21&w
ae01
10
11
12
13
14
15
16
17
18
'Lc
MAJOR PERMITS CIRCULATION LIST FOR ELIZABETH CITY OFFICE
NAMES DEPARTMENT LOCATION
Daniel Govoni, Assistant Major
Permits.Coordinator
Division of Coastal Management
Morehead City
! Patrick McClain, Regional Engineer
Division of Energy, Mineral & Land Resources
Washington Regional Office
I Sami Dum or
DWR-Water Quality, Coastal Stormwater
Washington Regional Office
Richard Peed
DEMLR, Erosion & Sedimentation Control
Washington Regional Office
i Robert Tankard
DWR-Water Quality, Aquifer Protection
Washin ton Regional Office
Joey White
DWR - Public Water Supply Section
Washington Regional Office
Lee Padrick
Division of Community Assistance
Washington
Shane Staples
Fisheries Resource - Coastal Management
Washington Regional Office
Karen Higgins
DWR - Water Quality Program
Raleigh
Charlan Owens
District Planner, DCM
Elizabeth City
Tim Walton
Manager, State Property Office
Raleigh
Renee Gledhill -Early
NC Department of Cultural Resources
Raleigh
Patti Fowler
Marine Fisheries - Shellfish Sanitation
Morehead City
Ken Pace
NCDOT, Env. Operations & Rest Area
Raleigh
Maria TrippDunn
NC Wildlife Resources Commission
Washington
Chris Souther) / Nathan HenryUnderwater
Archaeology Branch, Ft. Fisher
Kure Beach
"Ralei Bland " r Josh Pelletier
US Army Corps of Engineers
Washington
TBA ,��
Local Permit Officer or Count Planner ( "2
Designated County/Town
CAMA AUTHORIZATION STATEMENT
I hereby authorize P, nc to act as my agent to
obtain a CAMA Minor Development Permit. The site address for the proposed
development is ^4r17 _ 1r'i'7 Abis
.1
Signature L
/(owner)
4o J 41&A,,
Date [4. A I
RECEIVED
JAN 12 211b
fJP,m p W*'t
RF�•Fi�E.O
JAN �2
�M"�'y9 70�'
Par
1
O
Postage $
ru Certified Free f3.30 01
Rsturn Receipt Fee f2 Postmark
O (cntlorsamem Requlred) ROM
Restrictetl DM
Fea f0 00
p (Endorsement Requlred)
O
o Total postage &. f7.61 12/OS/2014
a rZ M Mr. Hassan Hassan
o seer,npr'No.d 130 Breezy Point Drive
ry o.POBoxNo Yorktown, VA 236T2
CttY. Slare,9W
r fir,
l
i>7g19�9g10/ll�gl®73�T�Jf�
-r • •
M1 MOW
m_k
m
.n Rmtsi
m 01
CaNtled Fee '
O Return Receipt Fee Pgsunetk
p (Endorsement Required) Here
0 Restricted Delivery Fee $0.00
O (Endorsement Required)
to $4.71 12I0512U1§
ti Total Postage & Fees
ru
I ear o own of Nags Head
C3 Vireo{ Attn: Mr. Cliff Ogburn, Town Manager —•—
M1 wPosul P.O. Box 99
it seas Nags Head, NC 27959
ML
RECEIVED
1AN 12 2015
DCM-MHD CITY
A.
�qj -Q ZV15
- �.
r'7(-1= 577i � i , plate items 1, 2, and 3. Also complete
4.ifiRestricted Delivery is desired.
(your name and address on the reverse
we can return the card to you.
ch this card to the back of the mallpleCO,
_.-
n the front if space permits.
;fcle Addressed to:
Mr. Hassan Hassan
130 Breezy Point Drive
Yorktown, VA 236� Z
A Signature
❑ Agent
D. Is Mvery address dltierent from item 1? ❑ Yes
If YES, enter delivery address below: 0 No
3. ,S�e,/f�aCB Type
E Certified Mail ❑ Express Mall
0 Registered 0 Return Receipt for Merchandise
❑ Insured Mail ❑ C.O.D.
4. Restricted Delivery? (Extra Fee) ❑ Yes
'. sdcleNumber 7011 2000 0002 0035 5787
rfrensfer from service labeO
3 Form 3811, February 2004 Domestic Ratum.Recelpt PT-1°29V W—M-15°o
■ 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 if space permits.
1. Article Addressed to
own of Nags Head
ttn: Mr. Cliff Ogburn, Town Manager
.0. Box 99
ags Head, NC 27959
2. Article Number
(Fransfer from service Well
PS Form 3811. July 2013
A. Snre Agent
E. Received 44PAnted Name)
D. Is delivery address different from item 1? uYes
If YES, enter delivery address below: 0 No
3. Service Type
Certified Mail® 0 Priority Mall Express"
0 Registered ❑ Return Receipt for Merchandise
❑ Insured Mail ❑ Collect on Delivery
4. Restricted Delivery? (Extra Fee) ❑ Yes
7009 2250 0001 3633 7114
Domestic Return Receipt
oiy-OS�-Pr—
EiRlllOLy,�Ei1T1L
PRIIFR, 88:ttS
—1h
PLANNING FOR
A BETTER
ENVIRONMENT
December 4, 2014
Town of Nags Head
Attn: Mr. Cliff Ogburn, Town Manager
P.O. Box 99
Nags Head, NC 27959
Dear Mr. Ogbum,
Environmental Professionals, Inc. has been retained by Beacon ML Properties, LLC to represent them to
the Town of Nags Head for the purposes of obtaining a permit to authorize the demolition of the Beacon
Motel and reconstruction of the dune. These improvements are depicted on the attached plat and further
described in the application on property that is adjacent to yours on the Atlantic Ocean in Nags Head,
North Carolina.
Should you have any questions regarding this request, please contact me or Ms. Tiffany Sanders with the
Town of Nags Head.
Environmental Professionals, Inc.
Attn: George H. Wood, CEP, PWS
P.O. Box 3368
Kill Devil Hills, NC 27948
Telephone No.: 252-441-0239
Cell Phone: 252423-1234
Email: obxwoodQyahoo.com
Town of Nags Head
Attn: Ms. Tiffany Sanders
P.O. Box 99
Nags Head, NC 27959
Telephone No.: 252-449-6045
Email: tiffany.sanders@nagsheadnc.gov
If you have no objection to the proposed activity, please mark the appropriate statement below and return to
Environmental Professionals, Inc.
The Coastal Area Management Act provides 30 days from the date of notification in which to comment.
1 appreciate your consideration of this matter and remain available to answer any questions you may have
regarding this request.
Sincerely,
Inc.
Envi ental Professio als,
rge H. Wood CEP, PWS
Attachments: als
I have no objection to the project described in this correspondence.
I have objection to the project described in this correspondence.
SIGNATURE
DATE
RECEIVED
JAN 121015
Er!?ka'MIRP+rmr
P.O. BOX 3368 • KILL DEVIL HILLS. NORTH CAROLINA 279.19 • 252441-0239
FAX: 252441-0721 • ENAIL: ob.wo deyahao,,,
PLANNING FOR
A BETTER
ENVIRONMENT
December 4, 2014
Mr. Hassan Hassan
130 Breezy Point Drive
Yorktown, vA 23OFA
"
Dear Mr. Hassan,
(Via Certified Mail/Return Receipt Requested)
Environmental Professionals, Inc. has been retained by Beacon ML Properties, LLC to represent them to
the Town of Nags Head for the purposes of obtaining a permit to authorize the demolition of the Beacon
Motel and reconstruction of the dune. These improvements are depicted on the attached plat and further
described in the application on property that is adjacent to yours on the Atlantic Ocean in Nags Head,
North Carolina.
Should you have any questions regarding this request, please contact me or Ms. Tiffany Sanders with the
Town of Nags Head.
Environmental Professionals, Inc.
Attn: George H. Wood, CEP, PWS
P.O. Box 3368
Kill Devil Hills, NC 27948
Telephone No.: 252441-0239
Cell Phone: 252-423-1234
Email: obxwood(alvahoo com
Town of Nags Head
Attn: Ms. Tiffany Sanders
P.O. Box 99
Nags Head, NC 27959
Telephone No.: 252-449-6045
Email: tiffany.sanders@nagsheadnc.gov
If you have no objection to the proposed activity, please mark the appropriate statement below and return to
Environmental Professionals, Inc.
The Coastal Area Management Act provides 30 days from the date of notification in which to comment.
I appreciate your consideration of this matter and remain available to answer any questions you may have
regarding this request.
Sincerely,
Envir ental Professi nal Inc.
RECEIVE,)
rge H. Wood CEP, ws JAN l E 7ms
Attachments: a/s 1�bN" fnrik �t
I have no objection to the project described in this correspondence.
I have objection to the project described in this correspondence.
SIGNATURE
DATE
P.O. BOY 3368 • KILL DEVIL HILLS, NORTH CAROLINA 27948 • 252-441-0239
FAX: 252.441-0721 • E31AIL: 0xwoodrynhoo.com
REAL ESTATE
C ,�lydY y_ k TRANSFER TAX
LT3,
APPROVED
NO.
Parcel
f
Booty 1986 PAGE 853 (2)
700005031 NIIIIINIIIIIIIIIIIIIIIIIIN�
Recorded: 11/10/2014 04,24:05 PM
BY: Claudia Harrington
VaMONa McMurran-Smith, Register of Deady
Dare County, NC
Fee Amt $26.00 NC Extlae Tar. $10,00o.00
Tax Collector C.. .. quo. it Taxes
DO Are Due. DateltrlCi-Iq .._ Certification
1 expires Jan. 611 r: . r.; certification date.
NORTH CAROLINA GENERAL WARRANTY DEED
00541900 Verified by
on the _ day of , 20_
Mail/Box to: Wheless & Wheless
This instrument was prepared by: Vandeventer Black LLP, P.O. Box 2, Kitty Hawk NC 27949
Brief description for the Index: Lo , 2, 3, 4, 5, 6, 7, 8, and 9, Block 2, Section 2, Nags Had Shores, Nags Head, NC
THIS DEED made this 31st day of ber, 2014, by and between
BEACON MOTOR LODGE, INC.•` , BEACON ML PROPERTIES, LLC,
a North Carolina corporation � a North Carolina limited liability company
P.O. Box 729 0V1, 100 Landmark Square
Nags Head, NC 27959 �� Virginia Beach, VA 23452
Enter in appropriate block for each Grantor and Granta —e, mailing address, and, if appropriate, character of entity, e.g.
The designation Grantor and Grantee as used herein shall' d
singular, plural, masculine, feminine or neuter as requbed b
WITNESSETH, that the Grantor, for a valuable consideration p4
by these presents does grant, bargain, sell and convey unto the Gr
Town of Nags Had, Nags Head Township, Dare County, North
said parties, their heirs, successors, and assigns, and shall include
the Grantee, the receipt ofwhich is hereby acknowledged, has and
in fee simple, all that certain lot or parcel of land situated in the
Mina and more particularly described as follows:
Being Lots Nos. 1, 2, 3, 4, 5, 6, 7, S and 9, Block 2, Section 2, Nags Head Shores, Map Book 1, Page 179,
Public Registry of Dare County, North Carolina.
Together with all buildings, improvements, furniture, and fixt46 thereon situated.
\A'\`CIC,
NC Bar m.iuon Form No. 7 0 1/IQ010
MnlW by ARreemmn with N,r NC Bu Ms Wim 10
0
RECEIVED
JAN 12 Tots
1•N_NN-NNpm wlto
Book 1986 Pays 853
'e property heminabove described was acquired by Grantor by instrument recorded in Book 57, Page 547, Book 160, Page 679, Book
1, Page 617, Dare County Registry.
AlI�portion of the property herein conveyed does not include the primary residence of a Grantor.
A MVkhowing the above described property is recorded in Map Book 1, Page 179, Dare County Registry.
TO HAV�AND TO HOLD the aforesaid lot or parcel of land and all privileges and appurtenances thereto belonging to the Grantee in
fee simple.r���
And the Gratifor covenants with the Grant", that Grantor is seized ofthe premises in fee simple, has the right to convey the same in fee
shnple, that title,, jii�^ arketable and free and clear of all encumbrances, and that Grantor will warrant and defend the title against the
lawful claims of
whomsoever, other than the following exceptions:
Covenants, easemcrr t(st right of way agreements and any other reservations applicable thereto of record in Dare County Registry.
That certain Consentepient signed by the Honorable J. Richard Parker dated June 29, 2009 (Dare County Superior Court File
No. 07-CVS-529) and sented to by Grantor sat Defendant and the Town of Nags Head as Plaintiff"
o All zoning ordinances and
[y� land regulations applicable thereto.
Ad valorem property taxes subsequent to 2014.
IN WITNESS WHEREOF, the Gray has duly executed the foregoing as of the day and year first above written.
10
BEACON MOTOR LODGE, INC. hm
A North Carolina corporation
By: ill GNIL/
Shirley M. James, sident
10
0
State of t i County or City of I N
1, the 4ndersigned Notary Public of the County or City t I a and State aforesaid, certify that Shirley
M. James personally came before me this day and acknowledged .�h is the President of Beacon Motor Lodge Inc., a North
Carolina corporation, and that by authority duly given and as the acVof such entity, he signed the foregoing instrument in its name
0o its behalf as its act and deed. Witness my hand �((dtTlotg{jal stamp or seal, this 5f`' day of November, 2014.
MAR
'oi1W41 a i i°7lif,?ti1
My Commission Expires: li �,Y; tO rp�t — ��j �yF Kt N . )fa.rahs 11 Notary Public
(Affix Seep = eatsoles = `" Notary's Printed or Typed Nameco
Y�
NCBuA odion Form No, 70 I/1/2010 /�
Printed by Agreement wiN the NC Bar Association O
RECEIVED
JAN 12 1015
OCW-PMNFP L?ITV
Book 1986 Page 854
GA
WCDM t
North Carolina Department of Environment and Natural Resources
Pat McCrory Donald R. van der Vaart
Governor Secretary
January 8, 2015
Mr. George Wood
Environmental Professionals, Inc.
P.O. Drawer 3368
Kill Devil Hills, NC 27948
Dear George:
The NC Division of Coastal Management hereby acknowledges receipt of the application submitted on
behalf of Beacon ML Properties, LLC for State approval for development of their property located at 2607-
2617 South Virginia Dare Trail (NC Highway 12), Nags Head, in Dare County. It was received as complete
on January 8, 2015, and appears to be adequate for processing at this time. You have requested that the
application be processed under the Express Review Permitting Program. Under this expedited process,
the projected deadline for making a decision will be around February 7, 2015.
NCGS 113A-119(b) requires that Notice of an application be posted at the location of the proposed
development. Enclosed you will find a "Notice of Permit Filing" postcard which must be posted at the
property of your proposed development. You should post this notice at a conspicuous point along the
property where it can be observed from a public road. Some examples would be: Nailing the notice card to
a telephone pole or tree along the road right-of-way fronting the property, or at a point along the road right-
of-way where a private road would lead one into the property. Failure to post this notice could result in an
incomplete application.
Please don't hesitate to contact me if you have any questions in regard to this correspondence or the
permitting process.
Sincerely,
Frank Jenni gs
District Manager, Northeastern District
Division of Coastal Management
RECEIVE®
FJ/yc JAN 12 F4
Enclosure
PP!MWa,o eit'v
cc: —Da1n2t9evoni, Assistant Major Permits Coordinator, DCM, Morehead City
Lyn Hardison, Environmental Assistance Coordinator, Washington Regional Office
Beacon ML Properties, LLC, Applicant, Virginia Beach
1367 US 17 South, Elizabeth City, NC 27909
Phone: 252-264-39011 FAX: 252-264-3723 ; Internet: htto://oortal.ncdenr.org/webtcmldcm-home
An Equal Opportunity 1 Affirmative Action Employer
„
z
Tl
W
C
/IY2l
W
AMA PERMIT
APPLIED FOR
PROJECT: demolish existing motel complex
and enhance a portion of an existing frontal
dune.
APPLICANT:
Beacon ML Properties, LLC; Nigel Buttery
100 Landmark Sq.
Virginia Beach, VA 23452
c/o George Wood, Environmental
Professionals, 252-441-0239, ext. 105
02102115
FOR MORE DETAILS CONTACT
THE LOCAL PERMIT OFFICER BELOW:
Frank Jennings, District Manager
Division of Coastal Management
1367 US 17 South
Elizabeth City, NC 27909
252-264-3901, ext. 235
lI
RECENED
JAN 1 9 '1 �
DCM-MHCI (:IT,
Carver, Yvonne
From: Susan M. Simpson/The Coastland Times <legals@thecoastlandtimes.net>
Sent: Thursday, January 08, 2015 6:11 PM
To: Carver, Yvonne
Subject: Re: EXPRESS PERMIT - Public Notice: Beacon ML Properties, LLC
This notice has been scheduled to run in the issue of Tuesday, January 13, 2015.
Thank you.
Susan M. Simpson
The Coastland Times
Times Printing Co., Inc.
PO Box 400
Manteo, NC 27954
252-473-2105 x 207 phone
252-473-1515 fax
----- Original Message -----
From: Carver. Yvonne
To: Ieoals(cD.thecoastlandtimes. net
Cc: Jennings, Frank ; Govoni. Daniel Walker Michele , Alexander Eula
Sent: Thursday, January 08, 2015 4:43 PM
Subject: EXPRESS PERMIT - Public Notice: Beacon ML Properties, LLC
NCDENR
North Carolina Department of Environment and Natural Resources
Pat McCrory Donald R. van der Vaart
Governor Secretary
MITTITIN a uOC•►9 11
TO: Susan Simpson
The Coastland Times
Manteo, NC 27954
legals thecoastlandtimes. net
FROM: Yvonne Carver, Administrative Assistant
Division of Coastal Management
THROUGH: Frank Jennings, District Manager
Division of Coastal Management
DATE: 01 /08/15 RECEIVED
SUBJECT: Public Notice: Beacon ML Properties, LLC JAN 12 2015
DCM-MHD CITY
1
or
Please publish the following Notice in the Tuesday, 01/13/15 issue of The Coastland Times. If it
will not be possible to include this notice in that edition, or if you have any questions about this
Notice, please call our office as soon as possible at 252-264-3901.
The State Office of Budget and Management requires an original Affidavit of Publication prior to
payment for newspaper advertising. Please send the affidavit, an original copy of the published
notice, and an original invoice to:
Eula Alexander
NCDENR, Division of Environmental Assistance & Customer Service
1639 Mail Service Center
Raleigh, NC 27699-1639
Thank you for your assistance in this matter.
cc: Daniel Govoni, Assistant Major Permits Coordinator, DCM, Morehead City
Michele Walker, PIC, DCM, Raleigh
Eula Alexander, Div. of Environmental Assistance & Customer Service, Raleigh
File
1367 US 17 South, Elizabeth City, NC 27909
Phone: 252-264-39011 FAX: 252-264-3723: Intemet: hft2Dortal.ncdenr.org/web/cMdcm-home
An Equal Opportunity 1 Affirmative Action Employer
RECEIVED
JAN12M
2
NOTICE OF FILING OF
APPLICATION FOR CAMA MAJOR
DEVELOPMENT PERMIT
EXPRESS PERMIT REVIEW PROGRAM
The Department of Environment and Natural Resources hereby gives public notice as
required by NCGS 113A-119(b) that an application for a development permit in an Area of
Environmental Concern as designated under the Coastal Area Management Act (CAMA) was
received on 01/08/15. According to the said application, Beacon ML Properties, LLC proposes to
demolish an existing motel complex and enhance a portion of an existing frontal dune adjacent the
Atlantic Ocean at 2607-2617 South Virginia Dare Trail, Nags Head, Dare County.
A copy of the entire application may be reviewed at the office of Frank A. Jennings, III, District
Manager, Division of Coastal Management, located at 1367 US 17 South, Elizabeth City, NC, 252-
264-3901 during normal business hours. Public comments received by 02/02/15 will be
considered. Later comments will be considered up to the time of permit decision. Project
modification may occur based on review and comment by the public, state and federal
agencies. Notice of the permit decision in this matter will be provided upon written request.
PLEASE PUBLISH ON: Tuesday, 01/13/15
Administrative Assistant RECEIVED
NC Division of Coastal Management
1367 US Hwy 17 South 1AN 12 7015
Elizabeth City, NC 27909 ncta-mrioCm
252-264-3901, ext. 231
252-264-3723 (fax)
Please visit htto://Dortal.nodenr.ora/web/cm/dcm-home to subscribe to Coastal Management's quarterly newsletter, the CAMAgram.
E-mail correspondence to and from this address may be subject to the North Carolina Public Records Law and may be disclosed to third parties.
3
RECEIVED
JAN t ? 9`1
DIVISION OF COASTAL MANAGEMENT
APPLICATION TRANSMITTAL AND PROCESSING RECORD
EXPRESS PERMIT REVIEW PROGRAM
A) APPLICANT: Beacon ML Properties, LLC County: Dare
LOCATION OF PROJECT: adjacent the Atlantic Ocean At 2607-2617 South Virginia Dare Trail, Nags Head
DATE APPLICATION RECEIVED COMPLETE BY FIELD REP: 01/08/15
FIELD RECOMMENDATION: Attached: NO To Be Forwarded: YES
CONSISTENCY DETERMINATION: Attached: NO To Be Forwarded: YES
FIELD REPRESENTATIVE: N/A DISTRICT OFFICE: Elizabeth City
DISTRICT MANAGER REVIEW: Frank Jennings Date: 01/08/15
B) DATE RECEIVED BY MAJOR PERMITS UNIT: FEE REC'D: $ AO o D
PUBLIC NOTICE REC'D: Advertise: 01/13/15 END OF NOTICE DATE: Comments due: 02/02/15
ADJ. RIP. PROP NOTICES REC'D: 01/08/15 DEED RE 'D: 01/08/15 1
APPLICATION ASSIGNED TO:
30
C) k9D DAY DEADLINE: 02/07/15
MAIL OUT DATE: Circulation: 01/09/15
FEDERAL DUE DATE:
M
150 DAY DEADLINE:
STATE DUE DATE: Comments due: 01/30/15
FED COMMENTS REC'D:
PERMIT FINAL ACTION: ISSUE DENY
DRAFT ON
AGENCY
DATE
OBJECTIONS:
NOTES
COMMENTS
YES NO
RETURNED
Coastal Management- Regional Representative
i
/�Z9//)
✓
ta�p�wT c LON617-100d
Coastal Management - LUPConsistency
1�/�}/tj
i/
Coaurs
Division of Community Assistance
No C-oNprep,r
Land Quality Section N09!s5 14ev6W /$St
C5 SC6c SLR
Division of Water Quality
r/
i✓e corwaNr
Storm Water Management (D WQ)
State Property Office
Division of Archives & History
Division of Environmental Health
Division of Highways
l /a` / S
No cewmea'T
Wildlife Resources Commission
�' RiU ID 1-f I Dpl 5
Local Permit Office
) a 7 /
Division of Marine Fisheries
CD,ayeNT
Corps of Engineers ly$ BAcceo
%(DID
HUNEW
North Carolina Department of Environment and Natural Resources
Pal kicCrory Donald R. van der Vaart
Governor Secrefary
RWEW01N0DMFt0WR
January 9, 2015 EXPRESS PERMIT REVIEW PROGRAM
JAhl 12 2015
MEMORANDUM
Water Quality negional
TO: Samir Dumpor, Environmental Engineer II W";4( 0° �
DWR - Water Quality— Coastal Stormwater Permits, WaRO
FROM: Frank Jennings, District Manager
NE District, Division of Coastal Management
SUBJECT: CAMA Permit Application Review
Applicant: Beacon ML Properties, LLC
Project Location: 2607-2617 S Virginia Dare Trail, Nags Head, Dare County
Proposed Project: Demolish existing motel complex, enhance existing frontal dune
Please indicate below your agency's position or viewpoint on the proposed project and return this
form by 0 /1 30/15. If you have any questions regarding the proposed project, please contact me
at (252) 264-3901, ext. 235. When appropriate, in-depth comments with supporting data are
requested.
REPLY: ✓ This agency has no objection to the project as proposed.
This agency has no comment on the proposed project.
This agency approves of the project only if the recommended changes are
incorporated. See attached.
This agency objects to the project for reasons described in the attached
comments.
SIGNED ^� ;�r,�° DATE
136TUS 17 South, Elizabeth City, NC 27909
Phone: 262-264-3901 1 FAX: 252-264-3723; Internet: wwwmccoastalmanagementnet
An Equal opportunity 1 Affirmative Action Employer
MCDE14R
North Carolina Department of Environment and Natural Resources
Pat McCrory Don Van der Vaart
Governor Secretary
January 27, 2015
Beacon ML Properties, LLC
Attn.: Mr. Nigel Buttery
100 Landmark Sq..
Virginia Beach, VA 23452
Subject: EXEMPTION from Stormwater Management Permit Regulations .
CAMA Major- Dredge & Fill / Bulkhead / Pier
Beacon ML Properties, LLC
Dare County
Dear Mr. Buttery:
The Washington Regional Office received a copy of your CAMA Major application for the proposed
Beqacon ML Properties, LLC project located at 2617 S. Virginia Dare Trail in Nags Head, Dare County,
on January, 12, 2015. Staff review of the plans and specifications has determined that the project, as
proposed, consists of activities that will not pose surface water quality threats from stormwater runoff
since no new impervious area is proposed.
The Director has determined that projects that are reviewed and approved by the Division as not posing
water quality threats from stormwater runoff should not be subject to the stormwater management
permitting requirements of 15A NCAC 21-1.1000. For this reason, we are informing you by way of this
letter that your project will not require a State Stormwater management permit at this time.
The stormwater rules require the Division to permit the common plan of development, therefore, any
future development on the property, regardless of whether a SEC plan or CAMA Major permit is also
required, will require a Stormwater Management Permit application and permit issuance from the
Division of Energy, Mineral, and Land Resources prior to any construction. Any construction on the
subject site, prior to receipt of the required permit, will constitute a violation of 15A NCAC 211.1000 and
may result in appropriate enforcement actions by this Office.
Please keep in mind that this determination does not affect your legal requirements to obtain other permits
which may be required by the Division of Water Quality, the Division of Land Resources, Coastal Area
Management Act or'any other Federal, State or Local Government.
Please reference the Stormwater Project Number above on all correspondence. If you have any questions
or need additional information concerning this matter, please contact meat (252) 946-6481.
Sincerely,
SamirDumpor, PE
Environmental Engineer
cc: Frank Jennings, DCM—Elizabeth City
George Wood, Environmental Professionals, Inc.
Washington Regional Office
Division of Energy, Mineral, and Land Resources. Land Quality Section
Washington Regional Office
943 Washington Square Mall, Washington, Not Carolina 27889 - Phone: 25254E-64811 FAX: 252-9753716
Internet: htfoaloortal.ncdenr.oralweb4rlland-quality
An Equal Opportunity I Affirmative Action Employer- 50% Recycled 110% Past Consumer Paper
MCDEHR
North Carolina Department of Environment and Natural Resources
Pat McCrory
Governor
January 9, 2015
KID
Donald R. van der Vaart
Secretary
EXPRESS PERMIT REVIEW PROGRAM
Patrick McClain, P.E., Regional Engineer, Division of Energy,
Minerals &'Land Resources, WaRO
rank i emungs, District Manager
NE District, Division of Coastal Management
SUBJECT: CAMA Permit Application Review
Applicant: Beacon iNiL Properties, LLC
Project Location: 2607-2617 S Virginia Dare Trail, Nags Head, Dare County
Proposed Project: Demolish existing motel complex, enhance existing frontal dune
Please indicate below your agency's position or viewpoint on the proposed project and return this
form by 01/30/15. If you have any questions regarding the proposed project, please contact me
at (252) 264-3901, ext. 235. When appropriate, in-depth comments with supporting data are
requested.
REPLY: This agency has no objection to the project as proposed.
This agency has no comment on the proposed project.
This agency approves of the project only if the recommended changes are
incorporated. See attached.
This agency objects to the project for reasons described in the attached
comments.
SIGNED DATE
1367 US 17 South, Elizabeth City, NO 27909
Phone: 252-264-3901 \ FAX: 252-264-3723 ; Internet: wwwmccoastalmanagament.net
An Equal Opportunity \Affirmative Action Employer
MCDENR
North Carolina Department of Environment and Natural Resources
Pat McCrory
Governor
January 9, 2015
MEMORANDUM
TO:
Donald R. van der Vaart
Secretary
(EXPRESS PERMIT REVIEW PROGRAM
Richard Peed, Erosion & Sedimentation Control
Division of Energy, Minerals & Land Resources, WaRO
FROM: Frank Jennings, District Manager
NE District, Division of Coastal Management
SUBJECT: CAMA Permit Application Review
Applicant: Beacon @flL Properties, LLC
Project Location: 2607-2617 S Virginia Dare Trail, Nags Head, Dare County
Proposed Project: Demolish existing motel complex, enhance existing frontal dune
Please indicate below your agency's position or viewpoint on the proposed project and return this
form by 01/30/15. If you have any questions regarding the proposed project, please contact me
at (252) 264-3901, ext. 235. When appropriate, in-depth comments with supporting data are
requested.
REPLY:
SIGNED
This agency has no objection to the project as proposed.
This agency has no comment on the proposed project.
This agency approves of the project only if the recommended changes are
incorporated. See attached:
This agency objects to the project for reasons described in the attached
comments.
DATE
1367 US 17 South, Elizabeth City, NC 27909
Phone: 252.264-3901 l FAX; 252-264-3723; Internet: www,nccoastalmanagement.net
An Equal Opportunity 1 Affirmative Action Employer
N04
North Carolina Department of Environment and Natural Resources
Pat McCrory
Governor
January 9, 2015
MEMORANDUM
TO:
Donald R. van der Vaart
Secretary
EXPRESS PERMIT REVIEW PROGRAM
Joey White, Environmental Specialist
DWR—Public Water Supply Section, WaRO
Frank jormings,—DistrbetNtamuger
NE District, Division of Coastal Management
SUBJECT: . CAMA Permit Application Review
Applicant: Beacon ML Properties, LLC
Project Location: 2607-2617 S Virginia Dare Trail, Nags Head, Dare County
Proposed Project: Demolish existing motel complex, enhance existing frontal dune
Please indicate below your agency's position or viewpoint on the proposed project and return this
form by 01/30/15. If you have any questions regarding the proposed project, please contact me
at (252) 264-3901, ext. 235. When appropriate, in-depth continents with supporting data are
requested.
REPLY:
SIGNED
This office has no objection to the project as proposed.
This office has no comment on the proposed project.
I
This office approves of the project only if the recommended changes are
incorporated. See attached.
This office objects to the project for reasons described in the attached
comments.
DATE
1367 US 17 South, Elizabeth City, NC 27909
Phone: 252-264-39011 FAX: 252-264-3723 ; Internet: w Av.nccoastalmanagement.net
An Equal opportunity 1 Affirmative Action Employer
�a
North Carolina Department of Environment and Natural Resources
Pat McCrory
Governor
January 9, 2015
111/'i11C% 111!T:\►17fi1 11
TO:
Donald R. van der Vaart
(Secretary
)EXPRESS PERMIT REVIEW PROGRAM
Lee Padrick
Division of Community Assistance
Jennings Districagri
NE District, Division of Coastal Management
SUBJECT: CAMA Permit Application Review
Applicant: Beacon ML Properties, LLC
Project Location: 2607-2617 S Virginia Dare Trail, Nags Head, Dare County
Proposed Project: Demolish existing motel complex, enhance existing frontal dune
Please indicate below your agency's position or viewpoint on the proposed project and return this
form by 01/30/15. If you have any questions regarding the proposed project, please contact me
at (252) 264-3901, ext. 235. When appropriate, in-depth comments with supporting data are
requested.
REPLY:
SIGNED
This agency has no objection to the project as proposed.
This agency has no comment on the proposed project.
This agency approves.of the project only if the recommended changes are
incorporated. See attached.
This agency objects to the project for reasons described in the attached
comments.
(DATE
1367 US 17 South, Elizabeth City, NO 27909
Phone: 252-264-39011 FAX; 252-264-3723 ; Internet: www,nccoastalmanagement.net
An Equal Opportunity 1 Affirmative Action Employer
£Ir
North Carolina Department of Environment and Natural Resources
Pat McCrory
Governor
January 9, 2015
MEMORANDUM
TO:
Donald R. van der Vaart
Secretary
EXPRESS PERMIT REVIEW PROGRAM
Karen Higgins, Compliance and Permitting Unit Supervisor
DWR - Water Quality Program
wrings—Distriet-Manage
NE District, Division of Coastal Management
SUBJECT: CAMA Permit Application Review
Applicant: Beacon ML Properties, LLC
Project Location: 2607-2617 S Virginia Dare Trail, Nags Head, Dare County
Proposed Project: Demolish existing motel complex, enhance existing frontal dune
Please indicate below your agency's position or viewpoint on the proposed project and return this
form by 01/30/15. If you have any questions regarding the proposed project, please contact me
at (252) 264-3901, ext. 235. When appropriate, in-depth comments with supporting data are
requested.
REPLY:
SIGNED
This agency has no objection to the project as proposed.
This agency has no comment on the proposed project.
This agency approves of the project only if the recommended changes are
incorporated. See attached.
This agency objects to the project for reasons described in the attached
comments.
DATE
1367 US 17 South, Elizabeth City, NC 27909
Phone: 252-264-39011 FAX: 252-264-3723 ; Internet: www.nccoastalmanagement.net
An Equal Opportunity 1 Affirmative Action Employer
North Carolina Department of Environment and Natural Resources
Pat McCrory
Governor
January 9, 2015
MEMORANDUM
TO:
11W149:7W�.7
Tim Walton, Manager
State Property Office
FIR Frank Jennings, —District -Manage
NE District, Division of Coastal Management
SUBJECT: CAMA Permit Application Review
Applicant: Beacon ML Properties, LLC
Donald R. van der Vaart
Secretary
Project Location: 2607-2617 S Virginia Dare Trail, Nags Head, Dare County
Proposed Project: Demolish existing motel complex, enhance existing frontal dune
Please indicate below your agency's position or viewpoint on the proposed project and return this
form by 01/30/15. If you have any questions regarding the proposed project, please contact me
at (252) 264-3901, ext. 235. When appropriate, in-depth comments with supporting data are
requested.
REPLY: This office has no objection to the project as proposed.
This office has no comment on the proposed project.
This office approves of the project only if the recommended changes are
incorporated. See attached.
This office objects to the project for reasons described !in the attached
comments.
SIGNET➢ DATE
1367 US 17 South, Elizabeth City, NC 27909 '
Phone: 252-264-39011 FAX: 252-264-3723 ; Internet: www.nocoastalmanagement.net
An Equal Opportunity 1 Affirmative Action Employer
MCDENR
North Carolina Department of Environment and Natural Resources
Pat McCrory
Governor
January 9, 2015
l 1►�[fa1.7\U7i17�1
TO:
Donald R. van der Vaart
Secretary
EXPRESS PERMIT REVIEW PROGRAM
Patti Fowler, Section Chief
Marine Fisheries — Shellfish Sanitation & Recreational Water Quality
s Ristriet�Mlanage
NE District, Division of Coastal Management
SUBJECT: CAMA Permit Application Review
Applicant: Beacon ML Properties, LLC
Project Location: 2607-2617 S Virginia Dare Trail, Nags Head, Dare County
Proposed Project: Demolish existing motel complex, enhance existing frontal dune
Please indicate below your agency's position or viewpoint on the proposed project and return this
form by 01/30/15. If you have any questions regarding the proposed project, please contact me
at (252) 264-3901, ext. 235. When appropriate, in-depth comments with supporting data are
requested.
REPLY: This office has no objection to the project as proposed.
This office has no comment on the proposed project.
This office approves of the project only if the recommended changes are
incorporated. See attached.
This office objects to the project for reasons described in the attached
comments.
SIGNED DATE
1367 US 17 South, Elizabeth City, NC 27909
Phone: 252-264-39011 FAX: 252-264-3723 ; Internet: www.nccoastalmanagement.net
An Equal Opportunity 1 Affirmative Action Employer
North Carolina Department of Environment and Natural Resources
Pat McCrory
Governor
January 9, 2015
TO:
Donald R. van der Vaart
Secretary
EXPRESS PERMIT REVIEW PROGRAM
Maria Tripp Dunn
NC Wildlife Resources Commission
F R. . I Jem�ings,—District-Manage
NE District, Division of Coastal Management
SUBJECT: CAMA Permit Application Review
Applicant: Beacon ML Properties, LLC
Project Location: 2607-2617 S Virginia Dare Trail, Nags Head, Dare County
Proposed Project: Demolish existing motel complex, enhance existing frontal dune
Please indicate below your agency's position or viewpoint on the proposed project and return this
form by 01/30/15. If you have any questions regarding the proposed project, please contact me
at (252) 264-3901, ext. 235. When appropriate, in-depth comments with supporting data are
requested.
REPLY: This office has no objection to the project as proposed.
This office has no comment on the proposed project.
This office approves of the project only if the recommended changes are
incorporated. See attached.
This office objects to the project for reasons described' in the attached
comments.
SIGNED - DATE
1367 US 17 South, Elizabeth City, INC 27909
Phone: 252-264-3901 \ FAX: 252-264-3723 ; Internet: www.nccoastalmanagement.net
An Equal Opportunity \ Affirmative Action Employer
k�
L
4+g��n*..
MCDEH v'
North Carolina Department of Environment and Natural Resources
Pat McCrory
Governor
January 9, 2015
MEMORANDUM
TO:
Donald R. van der Vaart
Secretary
]EXPRESS PERMIT REVIEW PROGRAM
Tiffany Sanders, Local Permit Officer
Town of Nags Head
PROMt Frank Tennings DictrictManagPr
NE District, Division of Coastal Management
SUBJECT: CAMA Permit Application Review
Applicant: Beacon ML Properties, LLC
Project Location: 2607-2617 S Virginia Dare Trail, Nags Head, Dare County
Proposed Project: Demolish existing motel complex, enhance existing frontal dune
Please indicate below your agency's position or viewpoint on the proposed project and return this
form by 02/30/15. If you have any questions regarding the proposed project, please contact me
at (252) 264-3901, ext. 235. When appropriate, in-depth comments with supporting data are
requested.
REPLY: This office has no objection to the project as proposed.
SIGNED
This office has no comment on the proposed project.
This office approves of the project only if the recommended changes are
incorporated. See attached.
This office objects to the project for reasons described in the attached
comments.
DATE
1367 US 17 South, Elizabeth City, NC 27909
Phone: 252-264-39011 FAX: 252-264-3723 ; Internet: wwwmccoastalmanagement.net
An Equal opportunity 1 Affirmative Action Employer
Planning and Development
Department
Frank Jennings, District Manager
NE District, DCM
1367 US 17 South
Elizabeth City NC 27909
Town of Nags Dead
Post Office Box 99
Nags Head, North Carolina 27959
www.nagsheadne.gov
January 27, 2015
Telephone 252441-7016
FAX 252-441-4290
Re: Beacon ML Properties, 2607-2617 S. Virginia Dare Tr. (Lots 1-9, Blk. 2, Sec 2, Nags Head Shores
Amended)
Dear Mr. Jennings,
The purpose of this letter is to notify you that the Town approves, with conditions, the Soil Erosion and
Sedimentation Plan submitted by Albemarle Engineering, dated November 24, 2014. The Town has also
approved, with similar conditions, the development proposed in the CAMA Major Permit application submitted
by George Wood, dated January 7, 2015. Specifically, in both permit applications, the Town limits the amount
of disturbance and excavation of the primary frontal dune and dune vegetation located on Lots 6-8, in that it is
not essential to the development of these properties and is counter to the following CAMA regulations, Town
Land Use Plan Policy and Town Code of Ordinances:
1) 15A NCAC 07H .0306(b) states, "no development is permitted involves the removal or;relocation of
primary or frontal dune sand or vegetation thereon which would adversely affect the integrity of the dune. Other
dunes within the Ocean Hazard area shall not be disturbed unless development of the property is otherwise
impractical. Any disturbance of these other dunes is allowed only to the extent permitted bye 15A NCAC 07H
.0308(b).
2) 15A NCAC 07H .0308(b)(6) states, "Sand held in storage in any dune, other than a frontal or primary dune,
may be redistributed within the AEC ......."
3) The subject property is located in the Towns Commercial Residential (CR) zoning district.
A policy statement of the 2010 of the Town's Land Use Plan, Land Use Compatibility, states, "The Town views
the preservation of dunes, vegetation and topography as an important component in the Nags Head image and
shall strictly enforce the existing applicable rules and regulations and seek additional measures as needed to
preserve these elements as much as possible.
Planning Objective: I ,
The Town will consider applying rules and regulations in the commercial districts for the preservation of dunes,
topography, and vegetation. (High Priority)" page 94
4) In accordance with Town Code Chapter 22, Article II, Flood Damage Prevention, Section 22-35(c)(7)
"There shall be no alteration of sand dunes which would increase potential flood damage."
Therefore, excavation of the vegetated primary frontal dune, Lots 6-8, is limited to below the 17 ft. contour line
(VE 11 + 6 ft.) at a 4:1 slope (as proposed). The limits of disturbance depicted elsewhere on the property is
approved as proposed.
Re ectful
im lon
Cc: George Wood, Environmental Professionals
Cliff Ogbum, Town Manager
Andy Garman, Deputy Town Manager
Kelly Wyatt, Deputy Planning Director
Pat McCrory
Governor
January 9, 2015
MEMORANDUM
TO:
FROM:
SUBJECT:
Applicant:
Project Location:
Proposed Project:
Donald R. van der Vaart
Secretary
EXPRESS PERMIT REVIEW PROGRAM
Kim Allen, Local Permit Officer
Town of Nags Head
Frank Jennings, District Manager
NE District, Division of Coastal Management
CAMA Permit Application Review
Beacon ML Properties, LLC
2607-2617 S Virginia Dare Trail, Nags Head, Dare County
Demolish existing motel complex, enhance existing frontal dune
Please indicate below your agency's position or viewpoint on the proposed project,and return this
form by 01/30/15. If you have any questions regarding the proposed project, please contact me
at (252) 264-3901, ext. 235. When appropriate, in-depth comments with supporting data are
requested.
REPLY: _ This office has no objection to the project as proposed.
This office has no comment on the proposed project.
This office approves of the project only if the recommended changes are
incorporated. See attached.
This office objects to the project for reasons described in the attached
comments.
SIGNED Y°1 DATE / �i7 Z�IJ
1367 US 17 South, Elizabeth City, NC 27909
Phone: 252.264-39011 FAX: 252-264-3723 ; Internet: hitp://portal ncdenr oraiweb/cm/dcm home
An Equal opportunity t Affirmative Action Employer
Pat McCrary
Governor
January 9,2015
MEM RAliDIJ' d
iREM
..i of ETvironment and Natural
i
j .I:I1d 2 20i5
I
ZOSourcei5l::a -.
Donald 'R-van-der A
Secretary
EXPRESS PERMIT REVIEW PROGRAM
TO: Ken Pace, PE; Environmental operations & Rest Area
Department of Transportation
FROM:
S>UIBJE, CT:
Applicant:
Project Location:
Proposed Project:
Frank Jernrings, District Manager
NE District, Division of Coastal Management
CAMA permit Application Review
Beacon ML Properties, LLC
JAN 2 6 2015
DISTRICT OFFICE
2607-2611 S Virginia Dare Trail, Nags Mead, Dare Cotrnty
Demolish existing motel complex, enhance existing frontal dune
Please indicate below your agency's position
s reg or viewpoint d ng the proposed project, oil the proposed t,ject plea areturn co contact me
form by 01130/;19. if you have any q
at (252) 264-3901, ext, 235. R'hen appropriate, in-depth comments with supporting data are
requested.
REPLY:
`7�^This office has no objection to the project as proposed.
This office has no comment on the proposed project.
This office approves of the project only if the recommended changes are
incorporated. See attached.
This office objects to the project for reasons described in the attached
comments.
Si
1357 US 17 South, EIIxaBelh City, NC 27909
Phone:252.254.39011 FAX: 2$2-2643723 ; Internet: www.no00a8ta1m8na9ement.ne1
An Equat opporlanity 1 Affirmative Action Employer
TO/TO 39Vd 1000N GEL7IEEi4 EZ:OT 9I0Z/9Z/T0
Arjp�
North Carolina Department of Environment and Natural Resources
Pat McCrory
Governor
January 9, 2015
MEMORANDUM
Wr11
Donald R. van der Vaart
Secretary
EXPRESS PERMIT REVIEW PROGRAM
Charlan Owens, District Planner
Division of Coastal Management
FROM: Frank Jennings, District Manager
NE District, Division of Coastal Management
SUBJECT: CAMA Permit Application Review
Applicant: Beacon ML Properties, LLC
Project Location: 2607-2617 S Virginia Dare Trail, Nags Head, Dare County
Proposed Project: Demolish existing motel complex, enhance existing frontal dune
Please indicate below your agency's position or viewpoint on the proposed project and return this
form by 01130115. If you have any questions regarding the proposed project, please contact me
at (252) 264-3901, ext. 235. When appropriate, in-depth comments with supporting data are
requested.
REPLY: This office has no objection to the project as proposed.
This office has no comment on the proposed project.
This office approves of the project only if the recommended changes are
incorporated. See attached.
This office ob' cts to the project for reasons described in the attached
comments.
IGNE DATE `- I:'- f
1367 US 17 South, Elizabeth City, NC 27909
Phone: 252-264-3901 \ FAX: 252-264-3723 ; Internet: www.nccoastalmanagement.net
An Equal Opportunity \ Affirmative Action Employer
961 JAN 2 0 2015
'own of lugs Head! G0AS'I' : i4T
Planning and Development Post Office Box 99 = ?'Telephone 252-441-7016
Department Nags Head, North Carolina 27959Ax 252 41.4220
www.nagsheadnc.g-o_v
January 15, 2015
Frank Jennings, District Manager
NE District, DCM
1367 US 17 South
Re: Letter of Objection, Beacon ML Properties, 2607-2617 S. Virginia Dare Tr. (Lots 1-9, Blk 2, Sec 2, Nags Head
Shores Amended)
Dear Mr. Jennings,
The purpose of this letter is to notify you that the Town objects to the proposed development described in the CAMA
Major Pemrit application submitted by George Wood, dated January 7, 2015. Specifically, the Town objects to any
disturbance or excavation of the primary frontal dune and vegetation located on Lots 6-8 for the following reasons:
1) 15A NCAC 07H .0306(b) states, "no development is permitted involves the removal or relocation of primary or
frontal dune sand or vegetation thereon which would adversely affect the integrity of the dune. Other dunes within the
Ocean Hazard area shall not be disturbed unless development of the property is otherwise impractical. Any disturbance of
these other dunes is allowed only to the extent permitted by 15A NCAC 07H .0308(b)."
2) 15A NCAC 07H .0308(b)(6) states, "Sand held in storage in any dune, other than a frontal or primary dune, maybe
redistributed within the AEC...."
3) The subject property is located in the Towns Commercial Residential (CR) zoning district.
A policy statement for Land Use Compatibility of the Town's Land Use Plan (page 94) states, "The Town views the
preservation of dunes, vegetation and topography as an important component in the Nags Head image and shall strictly
enforce the existing applicable rules and regulations and seek additional measures as needed to preserve these elements as
much as possible."
Planning Objective:
"The Town will consider applying rules and regulations in the commercial districts for the preservation of dunes,
topography, and vegetation. (High Priority)"
4) In accordance with Town Code Chapter 22, Article II, Flood Damage Prevention, Section 22-35(c)(7) "There shall be
no alteration of sand dunes which would increase potential flood damage."
Therefore, excavation of a primary frontal dune is a violation of Chapter 22.
Respectfully,
Tiffany Sander
is
JAN 2 0 2015
North Carolina Department of Environment and Na Ural RpWp, ,;r•.A�ehlEtaT
Pat McCrory �— Bette ,valaarf <:
Governor S�cretaGal--
January 9, 2015 EXPRESS PERMIT REVIEW PROGRAM
IcTili�c� C17:7\►f1111\I
TO: Tiffany Sanders, Local Permit Officer
Town of Nags Head
Prankennings, District Manager
NE District, Division of Coastal Management
SUBJECT: CAMA Permit Application Review
Applicant: Beacon ML Properties, LLC
Project )Location: 2607-2617 S Virginia Dare Trail, Nags Head, Dare County
Proposed Project: Demolish existing motel complex, enhance existing frontal Idune
Please indicate below your agency's position or viewpoint on the proposed project and return this
form by 01/30/15. If you have any questions regarding the proposed project, please contact irie
at (252) 264-3901, ext. 235. When appropriate, in-depth comments with supporting data are
requested.
REPLY: This office has no objection to the project as proposed.
This office has no comment on the proposed project.
_ This office approves of the project only if the recommended changes are
incorporated. See attached.
This office objects to the project for .reasons described in the attached
comments. '
SIIGNED,`G 1�� l DATE
1367 US 17 South, Elizabeth City, NC 27909
Phone: 252-264-39011 FAX: 252-264-3723 ; Internet: www.nccoastalmanagement.net
An Equal Opportunity 1 Affirmative Action Employer
m®
NCDENR
North Carolina Department of Environment and Natural Resources
Pat McCrory Donald R. van der Vaart
Governor Secretary
MEMORANDUM
TO: Frank Jennings, NE District Manager
Division of Coast Management
FROM: Charlan Owen ICP, NE District Planner
Division of Coastal Management
SUBJECT: Express Permit Request by Beacon ML Properties, LLC to demolish and remove a
motel complex and enhance the oceanfront dune; at 2607 and 2617 South Virginia
Dare Trail, in the Town of Nags Head.
DATE: January 14, 2015
Consistency Determination: The request is consistent with/not in conflict with the Town of
Nags Head 2010 Land Use Plan certified by the CRC on
February 24, 2011 as amended through December 12, 2013.
Overview: The subject property consists of nine (9) contiguous lots totaling 3.39 acres with a
combined 450 linear feet of shoreline along the Atlantic Ocean. The property includes an
oceanfront dune that runs north to south with elevations ranging from 12 to 29 feet above sea
level. Dune width varies from 180 feet to the north to approximately 50 feet at the southern end.
The remainder of the site is flat with an elevation of 11 feet above sea level. The property is
primarily within the VE (EL 11) Flood Zone, but contains VE (EL 12) along the shoreline.
A motel complex is located on the subject property. Existing site improvements include three
(3) lodging buildings, three (3) support structures, a 200 square foot storage shed, an owner's
cottage, a swimming pool area, two (2) on -site wastewater systems, a playground, and multiple
parking areas. The storage shed encroaches onto the Town's public beach access at Baltic
Street to the south. A lodging building supports the south end of the oceanfront dune. Over
time, the dune migrated onto the lodging building and now it nearly covers the first floor of the
building where it parallels the dune.
Demolition and removal of existing improvements and enhancement of the dune are proposed.
The public. beach access will be protected from damage with careful removal of the storage
shed. Once existing improvements have been removed, 2,000 cubic yards of sand from the
back side of the widest dune section will be relocated to the southern end of the dune. The
sand relocation will enhance the dune's protectiveness and strengthen the dune area previously
supported by the lodging building. Disturbed areas will be stabilized after work is completed
and frontal dune areas will be replanted.
1367 US 17 South, Elizabeth City, NC 27909
Phone: 252-264,39011 FAX: 252-264-3723 ; Intennet: www.nGcoastalrnanagernent.net
An Equal Opportunity) Affirmative Action Employer— Made in part by recycled paper
North Carolina Department of Environment and Natural Resources
Diviilcl of Coastal Management
MEMORANDUM
Page 2 of 3
The waters of the Atlantic Ocean are classified as SB and are open to shellfishing. A review of
potential historic and archaeological resources was not provided.
Anticipated impacts resulting from this project are expected to include: the disturbance of 2.5
acres of Uplands within the Ocean Erodible Area of Environmental Concern (AEC).
Basis for Determination:
The . Town of Nags Head Future Land Use Map identifies the subject property as
"Hotel/Motel/Cottage Court" and "Single -Family Residential'.
A glossary of terms used in the policy statements is provided on Page 91. These include:
Consider: reflect on, take into account
Recognize: knows
Shall: required to do
Will: to indicate likelihood or certainty
The following LUP policies may be applicable to this request:
Public Access:
Policy 1, Page 92.
"The Town recognizes that the ocean beaches are our single greatest asset.
Fundamental elements important to the Town include, clean beaches, ample
recreational access opportunities, no commercialization, reasonable beach driving
regulations and the prompt resolution of user conflicts as they arise."
Policy 10, Page 95.
"Pursuant to North Carolina law, the Town considers the entirety of the ocean beach to
be subject to public trust use rights and to the extent allowed by law, the Town will
actively oppose any unreasonable restriction of those rights."
Planning Objective:
E. "The Town will strive to protect and promote public access to the ocean beach."
1367 US 17 South, Elizabeth City, NC 27909
Phone: 252-264-39011 FAX: 252-264-3723 ; Internet: www.n000astalmanagement.net
An Equal Opportunity I Affirmadre Acton Employer— Made in pad by recycled paper
North Carolina Department of Environment and Natural Resources
Divisidk of Coastal Management
MEMORANDUM
Page 3 of 3
Land Use Compatibility:
Policy 1, Page 96.
"The Town views the preservation of
important component in the Nags Head
applicable rules and regulations and see
these elements as much as possible."
k
dunes, vegetation and topography as an
image and shall strictly enforce the existing
additional measures as needed to preserve
Planning Objective:
C. "The Town will strive to protect and promote public access to the ocean beach."
1367 US 17 South, Elizabeth City, NC 27909
Phone: 252-264-39011 FAX: 252-264-3723 ; Internet: www.ncooastalmanagement.net
An Equal Opportunity 1 AAirmmve Action Employer— Made in part by recycled paper
!,4
AAM"0A
NVAK
Carolina Department of Environment and Natural Resources
der Vaart
EXPRESS PERMIT REVIEW PR®G
(f
MEMORANDUM Shellfish
Sheh
�,,,r-, - " `arional
TO: Patti Fowler, Section Chief ;n
. _ Marine Fisheries —Shellfish Sanitation & Recreational Water Quality
NE District, Division of Coastal Management`
I tuz 2015 i
SUBJECT: CAMA Permit Application Review
Applicant: Beacon ML Properties, LLC -
Project Location: 2607-2617 S Virginia Dare Trail, Nags Head, Dare County
Proposed Project: Demolish existing motel complex, enhance existing frontal dune
Please indicate below your agency's position or viewpoint on the proposed project and return this
form by 01130115. If you have any questions regarding the proposed project, please contact me
at (252) 264-3901, ext. 235. When appropriate, in-depth comments with supporting data are
requested.
REPLY: This office has no objection to the project as proposed.
I
This office has no comment on the proposed project.
This office approves of the project only if the recommended changes are
incorporated. See attached. I
This office objects to the project for reasons described in the attached
comments.
SIGNED %'�' Ila DATE I/ldr
RECEIVED
1367 US 17 South, Elizabeth City, NC 27909
Phone: 252-264-39011 FAX: 252-264-3723 ; Internet: www.nccoastalmanagement.net BAN 14 7arx
An Equal Opportunity \Affirmative Action Employer nCN'� DCIry
o
North Carolina Department of Environment and Natural Resource's
McCrory
governor
January 9, 2015
MEMORANDUM
TO:
Donald R. van der Vaart
Secretary
R15o811 D/PICDEPIR/OWR
EXPRESS PERMIT REVIEW PROGRAM
JAN fl B 2014'
Water Quality Regional
Operations Section
Samir Dumpor, Environmental Engineer II Wftia9wn Regional omce
DWR - Water Quality — Coastal Stormwater Permits, WaRO
FROM: Frank Jennings, District Manager
NE District, Division of Coastal Management
SUBJECT: CAMA Permit Application Review
Applicant: Beacon III Properties, LLC
Project Location: 2607-2617 S Virginia Dare Trail, Nags Head, Dare County
Proposed Project: Demolish existing motel complex, enhance existing frontal dune
Please indicate below your agency's position or viewpoint on the proposed project and return this
form by 01/30/15. If you have any questions regarding the proposed project, please contact me
at (252) 264-3901, ext. 235. When appropriate, in-depth comments with supporting data are
requested.
REPLY: v"� This agency has no objection to the project as proposed.
This agency has no comment on the proposed project.
This agency approves of the project only if the recommended changes are
incorporated. See attached.
This agency objects to the project for reasons described in the attached
comments.
SIGNED DATE
1- 27 — IT
li�� \ N
1367,US 17 South, Elizabeth City, NC 27909
Phone: 252-264-3901 \ FAX: 252-264-3723; Internet: www.nccoastalmanagementnet
An Equal Opportunity 1 Affirmative Action Employer
MCDENR
North.Carolina Department of Environment and Natural Resources
Pat McCrory Don Van der Vaad
Governor Secretary
January 27, 2015
Beacon ML Properties, LLC
Atm.: Mr. Nigel Buttery
100 Landmark Sq.
Virginia Beach, VA 23452
Subject: EXEMPTION from Stormwater Management Permit Regulations
CAMA Major- Dredge & Fill / Bulkhead / Pier
Beacon ML Properties, LLC
Stormwater Project No. SW7150106
Dear Mr. Buttery:
The Washington Regional Office received a copy of your CAMA Major application for the proposed
Beqacon ML Properties, LLC project located at 2617 S. Virginia Dare Trail in Nags Head, Dare County,
on January 12, 2015. Staff review of the plans and specifications has determined that .the project, as
proposed, consists of activities that will not pose surface water quality threats from stormwater runoff
since no new impervious area is proposed.
The Director has determined that projects that are reviewed and approved by the Division as not posing
water quality threats from stormwater runoff should not be subject to the stormwater management
permitting requirements of 15A NCAC 2H.1000. For this reason, we are informing you by way of this
letter that your project will not require a State Stormwater management permit at this time.
The stormwater rules require the Division to permit the common plan of development, therefore, any
future development on the property, regardless of whether a SEC plan or CAMA Major permit is also
required, will require a Stormwater Management Permit application and permit issuance from the
Division of Energy, Mineral, and Land Resources prior to any construction. Any construction on the
subject site, prior to receipt of the required permit, will constitute a violation of 15A NCAC'2H.1000 and
may result in appropriate enforcement actions by this Office.
Please keep in mind that this determination does not affect your legal requirements to obtain other permits
which may be required by the Division of Water Quality, the Division of Land Resources, Coastal Area
Management Act or any other Federal, State or Local Government.
Please reference the Stormwater Project Number above on all correspondence. Ifyou have any questions
or need additional information concerning this matter, please contact me at (252) 946-6481.
Sincerely,
Samir Dumpor, PE
Environmental Engineer .
cc: Frank Jennings, DCM —Elizabeth City
George Wood, Environmental Professionals, Inc.
Washington Regional Office
Division of Energy, Mineral, and Land Resources. Land Quality Section
Washington Regional Office
943 Washington Square Mall, Washington, North Carolina 27889 • Phone: 252-946-6481/ FAX: 252-975-3716
Internet: htloa/portal.ncdenr,om/weWrAand-quality
An Equal Opportunity l Affirmative Action Employer- 50°% Recycled 110% Post Consumer Paper
I
��
MEN
North Carolina Department of Environment and Natural Resources,
Pat McCrory Donald R. On der Vaart.
Governor ecretary
I
January 9, 2015 EXPRESS PERMIT REVIEW PROGRAM:
MEMORANDUM 2R4
TO: Robert Tankard, Environmental Engineer Worstlarrre ecj
DWR - Water Quality, Aquifer Protection Section, W wft
FROM: Frank Jennings, District Manager
NE District, Division of Coastal Management
SUBJECT: CAMA Permit Application Review
Applicant: Beacon ML Ptroperties, LLC
Project Location: 2607-2617 S Virginia Dare Trail, Nags Head, Dare County
Proposed Project: Demolish existing motel complex, enhance existing frontal dune
Please indicate below your, agency's position or viewpoint on the proposed project and return this
form by 01/30/1.5. If you have any questions regarding the proposed project, please contact me
at (252) 264-3901, ext. 235. When appropriate, in-depth comments with supporting data are
requested.
REPLY: This agency has no objection to the project as proposed.
This agency has no comment on the proposed project.
_ This agency approves of the project only if the recommended changes are
incorporated. See attached.
I
This, agency objects to the project for reasons described is the attached
comments.
1
SIGNED DATE
1367 US 17 South, Elizabeth City, NO 27909
Phone:252-2W901 \ FAX 262-264.3723; Internet: www.n000astalmanagement,net
An Equal Opportunity 1 Affirmative Action Employer
#DLARL
North Carolina Department of Environment and Natural Resources
Pat McCrory Donald R. van der Vaart
Governor. Secretary
January 15, 2015
Dare County
DWQProject# 15-0036
Beacon ML Properties, LLC
A&Nigel.Buttery' .
00�andmark-Sq;��•�
Virginia Beach, VA 23452
Subject Property: Lots 1-9,.Blo6le.2, Section 2, Nags Head Shores Amended
Pasquotank River Basin, Atlantic Ocean
` NO WRn-TEN CONCURRENCE REQUMED
l
Dear Mr. Buttery:
You have our approval, in accordance with the attached conditions, for impact as you described in your
application.dated January 08, 2015. This project is below the threshold for written authorization as .
longas all conditions of General Water Quality Certification Number 3900 are met. A copy of General
Certification 3900 (GC 3900) is attached for your.reference.
This approval is only valid for the purpose and design that you described in your application. if you
change your project; you must notify us and you may be required to send us anew application. If the
property is sold, the. new'owner must be given a copy of this Certification and approval letter and is
thereby responsible for complying with all conditions. This letter completes the review of the Division
of Water Resources under Section 401'of:the.Clean Watery Act. If you have any. questions, please
telephone Roberto Scheller of the Washington Regional Office at 252-948-3940,
Sincerely,
Environmental Senior Specialist
Washington Regional Office
Attachments
Division of Water Resources
'Water Quality Regional operations Section Weatet: wmv.ncdenr.eov ..
943 Washington Square Mall Phone: 252.946-6481 '
.WasWngton,NC27889 FAX 252-9753716 '
" .An Equal opportunlry/A8hmafive Action Employer-50%Recycled110°% Post Consumer Paper
�W
�E R
North Carolina Department of Environment and Natural Resources
Pat McCrory Donald R, van der Vaart .
Governor ecretary
January 9, 2015 EXPRESS PERMIT REVIEW PROGRAM
MEMORANDUM 'JAN 1 21p4
Iratarouath; ps�'y ��
TO: Robert Tankard, Environmental Engineer oaaredAce 5¢r
DWR - Water Quality, Aquifer Protection Section, W RZhft
FROM: Frank Jennings, District Manager
NE District, Division of Coastal Management
SUBJECT: CAMA Permit Application Review
Applicant: Beacon ML Properties, LLC
Project Location: 2607-2617 S Virginia Dare Trail, Nags Head, Daze County
Proposed Project: Demolish existing motel complex, enhance existing frontal dune
Please indicate below your, agency's position or viewpoint on the proposed project and return this
form by 01130115. If you have any questions regarding the proposed project, please contact me
at (252) 264-3901, ext. 235. When appropriate, in-depth comments with supporting data are
requested.
REPLY: This agency has no objection to the project as proposed.
This agency has no comment on the proposed project.
This agency approves of the project only if the recommended changes are
incorporated. See attached. • .
This, agency objects to the project for reasons described in the attached
comments.
SIGNED DATE
1367 US 17 South, Elizabeth City, NC 27909
Phone: 252-264-39011 FAX 252-264-3723; Internet: wwv.ncoosstalmanagement.net
An Equal Opportunity 1 Affirmative Action Employer
MCO
North Carolina Department of Environment and Natural Resources
Pat McCrory
Governor
January 9, 2015
MEMORANDUM
TO:
Donald R. van der Vaprt
Secretary
r --_
EXPRESS PERMIT REVIEW PROGRAM
Lee Padrick
Division of Community Assistance
—ERAIVJL: Frank Jennings, District Manager
NE District, Division of Coastal Management
SUBJECT: CAMA Permit Application Review
Applicant: Beacon ML Properties, LLC
Project Location: 2607-2617 S Virginia Dare Trail, Nags Head, Dare County
Proposed Project: Demolish existing motel complex, enhance existing frontal dune
i`/j7J J
` 2 D 2015 J
Please indicate below your agency's position or viewpoint on the proposed project and return this
form by 01/30/15. If you have any questions regarding the proposed project, please contact me
at (252) 264-3901, ext. 235. When appropriate, in-depth comments with supporting data are
requested.
REPLY: ncy has no objection to the project as proposed.
This agency has no comment on the proposed project.
This agency approves of the project only if the recommended changes are
incorporated. See attached.
This agency objects to the project for reasons described in the attached
comments.
SIGNED -IDATE_/—��-/r
1367 US 17 South, Elizabeth City, NC 27909
Phone: 252-264-39011 FAX: 252-264-3723 ; Internet: www.nccoastalmanagement.net
An Equal Opportunity 1 Affirmative Action Employer
WOR
North Carolina Department of Environment and Natural Resources
Pat McCrory Donald R. van der Vaalt
Governor. Secretary
January 15, 2015
Dare County
DWQ Project # 15-0036
Beacon ML Properties, LL.0
Mr. Nigel Buttery' .
I On T.andmark-Square
Virginia Beach, VA 23.452
Subject Property: Lots 1-9,.Block.2, Section 2, Nags Head Shores Amended
4.
Pasquotank River Basin, Atlantic Ocean
i.
NO WRITTEN CONCURRENCE REQUIRED
Dear Mr. Buttery: ..
You have our approval, in accordance with the attached conditions, for impact as you described in your
application.dated January 08, 2015. This project is below the threshold for written authorization as .
long. as all conditions of General Water Quality Certification Number 3900 are met. A copy of General
Certification 3900 (GC 3900) is attached for your.reference.
This approval is only valid for the purpose and design that you described in your application. If you
change your project, you must notify us and you maybe required to send us a now application, If the
property is sold, the. naw'owner must be given a copy of this Certification and approval letter and is
thereby responsible for complying with all conditions., This letter completes the review of the Division
of Water Resources under Section 401'of:the.Clean Water'Act. If you have any. questions, please
telephone Roberto Scheller of the Washington Regional Office at 252-948-3940.
Sincerely,
Environmental Senior'Specialist
Washington Regional Office ' '
Attachments
Division of Water Resoumes
'Water Quality Regional Operations section internal: w%"ymodenneov
943 Washington square Mail ' Phone: 252.946-6481 '
.Washington, NC27889 FAX 252-975.3716
An Equal oppaAun1tylAfiGma1ve Ado. n Employer-50%Receded/10"% Post Consumer Paper
�m
North Carolina Department of Environment and Natural
Pat McCrory
Governor
MEMORANDUM
TO: Express Major Permit Coordinator
Resources
I
Donald R. van der Vaart
Secretary
Northeastern District, Division of Coastal Management
DATE: January 27, 2015
SUBJECT: Beacon MIL Properties, LLC CAMA-Express Major Permit Application
The applicant proposes to demolish an existing motel complex and enhance a portion of
an existing frontal dune. The property is located at 2617 South Virginia Dare Trail,
Nags Head, Dare County and adjacent to the Atlantic Ocean. The property is partially
located in the Ocean Erodible Area of Environmental Concern (AEC) and the High
Hazard Flood Area (VE-11) AEC. No new structures are proposed. Only authorization
for demolition of existing structures and land disturbance including dune augmentation
in an area where a motel building will be removed is requested. A review of the
applicable Use Standards of 07H.0300 — Ocean Hazard Areas follows.
07H.0306 (b) In order to avoid weakening the protective nature of ocean beaches and
primary and frontal dunes, no development is permitted that involves the removal or
relocation of primary or frontal dune sand or vegetation thereon which would adversely
affect the integrity of the dune.
The development request includes removing sand from the backside of an existing
depositional lobe off a primary dune ridge and placing the material at the dune's
weakest area along the southern ridge. The dune ridge at its greatest point is 175 feet
wide with an elevation of +29 feet and is 60 feet wide with an elevation of1+19 feet at its
weakest point. The proposal will result in a dune ridge with a wide of 140ifeet and an
elevation of +29 feet at its greatest point and 100 feet wide with an elevation of +19 feet
at its weakest point. The applicant will re-establish vegetation on all disturbed areas.
I
Consistent: The use of sand from the backside of the existing dune ridgeito improve the
dunes' integrity is consistent with the intent of this rule.
I
1367 US 17 South, Elizabeth City, NC 27909
Phone: 252-264-39011 FAX: 252-264-3723 ; Internet: htto://Poftal.ncdenr,oro/web/cm/dcm-home
An Equal Opportunity 1 Anrma9ve Action Employer
m
0
FIC
r
Y4
I
�AW
Lam'
,�
A
q
NWIWM-
kv
�■ � '1 t�i�� 1
� I •psii �- ..
\I�
7ii�
arm �.
vpp�
I
q
d
1
/ l
OW
A
m
s
SAW
I
i�
I Tangy-.. �...-
..�.,
� _ .,,,,,� � _i
{:
���
���-
7
I
�
I
J'iA�iC. s'
_ +R
I
�
t
f
r
z
1
)
±
\
/
:< iwvf; \ ».
|
fir`-r. rn
"LW
44
LLUJ V _ ......�
� R
e�
J I
ppw
f } �.✓ 1 �� t �cL� f 2 S . �Y a AASn j> Jr 0. a ��' � _ •r �`9f`t'.+r . `oL /� � S4'� ,..t
I �-` 'fit yi,'. - .4" 1.' F ^'N,zc. 1> .. �t�• �}in � i'
t
;�,�-�
,.;
,;'
�.d
::; �
�,����
h
■
NCE RECEIVED
North Carolina Department of Environment and Natural Resources JAN 12 2015
Pat McCrory Donald R, van der Vaadm-Flatteries
Governor Secretary wAao
January 9, 2015 EXPRESS PERMIT REVIEW PROGRAM
MEMORANDUM
TO: Shane Staples, Fisheries Resource Specialist
Division of Coastal Management, WaRO
FROM: Frank Jennings, District Manager
NE District, Division of Coastal Management
SUBJECT: CAMA Permit Application Review
Applicant: Beacon ML Properties, LLC
Project Location: 2607-2617 S Virginia Dare Trail, Nags Head, Dare County
Proposed Project: Demolish existing motel complex, enhance existing frontal dune
Please indicate below your agency's position or viewpoint on the proposed project and return this
form by 01/30/15. If you have any questions regarding the proposed project, please contact me
at (252) 264-3901, ext. 235. When appropriate, in-depth comments with supporting data are
requested.
REPLY: This agency has no objection to the project as proposed.
A— This agency has no comment on the proposed project.
This agency approves of the project only if the recommended changes are
incorporated. See attached.
This agency objects to the project for reasons described in the attached
comments.
SIGNED,4Z6�,?Az-��DATE / 1/ YI1S
1367 US 17 South, Elizabeth City, NC 27909
Phone: 252-264-39011 FAX: 252-264-3723 ; Internet: www.nocoastalmanagement.net
An Equal opportunity 1Affirmative Action Employer
A
486ft-ERRI
North Carolina Department of Environment and Natural Resources
Pat McCrory Donald R. van der Vaart
Governor ec�
January 9, 2015 EXPRESS PERMIT REVIEW PROGRAM
MEMORANDUM 'JAN 14 2"4
Water Qua*.
TO: Robert Tankard, Environmental Engineer mtlrxro WV
DWR - Water Quality, Aquifer Protection Section, WAzIft
FROM: Frank Jennings, District Manager
NE District, Division of Coastal Management
SUBJECT: CAMA Permit Application Review
Applicant: Beacon ML Properties, LLC
Project Location: 2607-2617 S Virginia Dare Trail, Nags Head, Dare County
Proposed Project: Demolish existing motel complex, enhance existing frontal dune
Please indicate below your agency's position or viewpoint on the proposed project and return this
form by 01/30/15. If you have any questions regarding the proposed project, please contact me
at (252) 264-3901, ext. 235. When appropriate, in-depth comments with supporting data are
requested.
REPLY: Z7'—' This agency has no objection to the project as proposed.
This agency has no comment on the proposed project.
This agency approves of the project only if the recommended changes are
incorporated. See attached.
This, agency objects to the project for reasons described in the attached
comments.
SIGNED DATE
1367 US 17 South, Ellzabelh City, NC 27909
Phone: 252-264-39011 FAX 252-264.3723; Internal: wwwmwastalmanagement.net
An Equal Opportunity 1 Affirmative Mon Employer
NCDE SIR
North Carolina Department of Environment and Natural Resources
Pat McCrory
Governor
January 15, 2015
Beacon ML Properties, LLC
Mr. Nigel Buttery
100 Landmark Square
Virginia Beach, VA 23452
Subject Property: Lots 1-9, Block 2, Section 2, Nags Head Shores Amended
Pasquotank River Basin, Atlantic Ocean
NO WRITTEN CONCURRENCE REQUIRED
Dear Mr. Buttery:
Donald R. van der Vaart
Dare County
DWQ Project # 15-0036
You have our approval, in accordance with the attached conditions, for impact as you described in your
application dated January 08, 2015. This project is below the threshold for written authorization as
long as all conditions of General Water Quality Certification Number 3900 are met. A copy of General
Certification 3900 (GC 3900) is attached for your reference.
This approval is only valid for the purpose and design that you described in your application. If you
change your project, you must notify us and you may be required to send us a new application. If the
property is sold, the new owner must be given a copy of this Certification and approval letter and is
thereby responsible for complying with all conditions. This letter completes the review of the Division
of Water Resources under Section 401 of the Clean Water Act. If you have any questions, please
telephone Roberto Scheller of the Washington Regional Office at 252-948-3940.
Sincerely,
Environmental Senior Specialist
Washington Regional Office
Attachments
Division of Water Resources
Water Quality Regional Operations Section Intemel: www.ncdenrmov
943 Washington Square Mall Phone: 252.946-6481
Washington, NC 27889 FAX 252-975.3716
An Equal Opportunity/AffiroW eAdbn Employer— 50% Recycled/10% Post Consumer Paper
r
NCDENR
North Carolina Department of Environment and Natural Resources
Pat McCrory
Govemor
January 27, 2015
Beacon ML Properties, LLC
Attn.: Mr. Nigel Buttery
100 Landmark Sq..
Virginia Beach, VA 23452
Subject: EXEMPTION from Stormwater Management Permit Regulations
CAMA Major- Dredge & Fill / Bulkhead / Pier
Beacon ML Properties, LLC
Stormwater Project No. SW7150106
Dare County
Dear Mr. Buttery:
Don Van der Vaart
Secretary
The Washington Regional Office received a copy of your CAMA Major application for the proposed
Beqacon ML Properties, LLC project located at 2617 S. Virginia Dare Trail in Nags Head, Dare County,
on January 12, 2015. Staff review of the plans and specifications has determined that the project, as
proposed, consists of activities that will not pose surface water quality threats from stormwater runoff
since no new impervious area is proposed.
The Director has determined that projects that are reviewed and approved by the Division as not posing
water quality threats from stormwater runoff should not be subject to the stormwater management
permitting requirements of 15A NCAC 2H.1000. For this reason, we are informing you by way of this
letter that your project will not require a State Stormwater management permit at this time.
The stormwater rules require the Division to permit the common plan of development, therefore, any
future development on the property, regardless of whether a SEC plan or CAMA Major permit is also
required, will require a Stormwater Management Permit application and permit issuance from the
Division of Energy, Mineral, and Land Resources prior to any construction. Any construction on the
subject site, prior to receipt of the required permit, will constitute a violation of 15A NCAC 2H.1000 and
may result in appropriate enforcement actions by this Office.
Please keep in mind that this determination does not affect your legal requirements to obtain other permits
which may be required by the Division of Water Quality, the Division of Land Resources, Coastal Area
Management Act or any other Federal, State or Local Government.
Please reference the Stormwater Project Number above on all correspondence. If you have any questions
or need additional information concerning this matter, please contact me at (252) 946-6481.
Sincerely,
Samir Dumpor, PE
Environmental Engineer
cc: Frank Jennings, DCM — Elizabeth City
George Wood, Environmental Professionals, Inc.
Washington Regional Office
Division of Energy, Mineral, and Land Resources . Land Quality Section
Washington Regional Office
943 Washington Square Mall, Washington, North Carolina 27889 • Phone: 252-946-6481/ FAX: 252-975-3716
Internet: htloalnodal.nodencora/web/inland-oualily
An Equal Opportunity \ Affirmative Action Employer - 50% Recycled \ 10% Post Consumer Paper
sw7r�oio6
NCDENR
North Carolina Department of Environment and Natural Resources
McCrory
Governor
January 9, 2015
MEMORANDUM
Z/TUM
SUBJECT:
Applicant:
Project Location:
Proposed Project:
Donald R. van der Vaart
Secretary
RECErvED/NCDENR/OWR
EXPRESS PERMIT REVIEW PROGRAM
JAN 12 2014;
We* quatity Regional
OPerations se ton
Samir Dumpor, Environmental Engineer II Wa wnyton Reglorw CW�
DWR - Water Quality - Coastal Stormwater Permits, WaRO
Frank Jennings, District Manager
NE District, Division of Coastal Management
CAMA Permit Application Review
Beacon ML Properties, LLC
2607-2617 S Virginia Dare Trail, Nags Head, Dare County
Demolish existing motel complex, enhance existing frontal dune
Please indicate below your agency's position or viewpoint on the proposed project and return this
form by 01/30/15. If you have any questions regarding the proposed project, please contact me
at (252) 264-3901, ext. 235. When appropriate, in-depth comments with supporting data are
requested.
REPLY: ✓ This agency has no objection to the project as proposed.
This agency has no comment on the proposed project.
This agency approves of the project only if the recommended changes are
incorporated. See attached.
This agency objects to the project for reasons described in the attached
comments.
SIGNED �� ---v�-sS DATE 1— �7 - tS
136PUS 17 South, Elizabeth City, NC 27909
Phone: 252.264.39011 FAX: 252-264-3723 ; Internet: www.ncooastaimanagement.net
An Equal Opportunity 1 Affirmative Action Employer
WMENNR
North Carolina Department of Environment and Natural
Donald R. van der Vaart
Secretary
January 9, 2015
EXPRESS PERMIT REVIEW PROGRAM
MEMORANDUM
CA! 1JJ
0065
TO:
Renee Gledhill -Early
NC Department of Cultural Resources
FROM:
Frank Jennings, District Manager
NE District, Division of Coastal Management
SUBJECT:
CAMA Permit Application Review~
'
Applicant:
Beacon ML Properties, LLC
Project Location:
2607-2617 S Virginia Dare Trail, Nags Head Dare County
Proposed Project: Demolish existing motel complex. enhance existing frontal dune
Please indicate below your agency's position or viewpoint on the proposed project and return this
form by 1/U 3WI5. If you have any questions regarding the proposed project, please contact me
at (252) 264-3901, ext. 235. When appropriate, in-depth comments with supporting data are
requested.
REPLY: This office has no objection to the project as proposed.
X_ This office has no comment on the proposed project.
This office approves of the project only if the recommended changes are
incorporated. See attached.
This office objects to the project for reasons described in the attached
comments.
SIGNED K l.ut-4-i¢_ DATE__ of �•�S
1367 US 17 South EL:abem Cry, NC 27909
Rone 252-264.39UI t FAX, 252-264.3723 . Internet www nccoastalmanagemer:t.net
JAN13Z015
An Equal Opponunily ` Affirmative Acton Employer
i
KNEW
North Carolina Department of Environment and Natural Resources
Pat McCrory
Governor
January 9, 2015
MEMORANDUM
TO:
FROM:
SUBJECT:
Applicant:
Maria Tripp Dunn
NC Wildlife Resources Commission
Frank Jennings, District Manager
NE District, Division of Coastal Management
CAMA Permit Application Review
Beacon ML Properties, LLC
Donald R. van der Vaart
Secretary
Project Location: 2607-2617 S Virginia Dare Trail, Nags Head, Dare County
Proposed Project: Project: Demolish existing motel complex, enhance existing frontal dune
Please indicate below your agency's position or viewpoint on the proposed project and return this
form by 01/30/15. If you have any questions regarding the proposed project, please contact me
at (252) 264-3901, ext. 235. When appropriate, in-depth comments with supporting data are
requested.
REPLY: This office has no objection to the project as proposed.
This office has no comment on the proposed project.
This office approves of the project only if the recommended changes are
incorporated. See attached.
This office objects to the project for reasons described in the attached
comments.
SIGNED 1 . DATE 1- 29 - 2D15
1367 US 17 South, Elizabeth City, NC 27909
Phone: 252-264-3901 \ FAX: 252-264-3723 ; Internet: www.ncooastalmanagement.net
An Equal Opportunity\Affirmative Action Employer