18-05 Independent Property Owners of America,LLC

_s
i
Permit Class Permit Number
NEW 18-OS
STATE OF NORTH CAROLINA
Department of Environment and Natural Resources
and
Coastal Resources Commission
ermt�
for
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 Independent Property Owners of America, LLC, 1206 Laskin Road N., Suite 201-V, Virginia Beach, VA
Authorizing development in Dare County at Atlantic Ocean, Mile Post 1, Virginia Dare
Trail , as requested in the permittee's application dated 3/9/04(MP-1.MP-3)& 5/21/04
(MP-2),incl.plan drawings(3), 1 dtd. 10/1/04, 1 dtd.revised 9/30/04& 1 dtd. 9/2/04,and attached AEC Hazard Notice dtd. 5/20/04
This permit, issued on February 1, 2005 , 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 null and void.
Ocean Hazard Area Development
1) Prior to the initiation of any construction authorized by this permit, a representative of the Division of Coastal
Management shall stake the limits of the small structure (60 feet) and large structure (120 feet) setbacks.
Construction must begin within 60 days of these determinations. Failure to initiate construction, or erosion of
the shoreline by adverse weather conditions, shall require these limits to be restaked by the Division.
NOTE: Recent weather events may have moved the first line of stable natural vegetation (FLSNV) landward
from the FLSNV line shown on the attached workplan drawings. The permittee is advised that such
landward movement of the FLSNV, and the subsequent movement of the small and large structure
setback lines, could require a redesign of the proposed project. If such a redesign is necessary, a
modification of this permit, as well as any other permits issued for the project,may be required.
(See attached sheets for Additional Conditions)
This permit action may be appealed by the permittee or Signed by the authority of the Secretary of DENR and the
other qualified persons within twenty (20) days of the issuing Chairman of the Coastal Resources Commission.
date. An appeal requires resolution prior to work initiation or
continuance as the case may be.
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 Charle . Jones, Director
Division Of Coastal Management
hereunder requires further Division approval.
All work must cease when the permit expires on This permit and its conditions are hereby accepted.
December 31, 2008
In issuing this permit, the State of North Carolina agrees
that your project is consistent with the North Carolina Coastal
Management Program. Signature of Permittee

Fl.*P.0.A. Permit# 18-05
Page 2 of 3
ADDITIONAL CONDITIONS
2) The foundation pilings of the hotel and associated structures shall be located entirely landward of the
120-foot large structure development setback line referenced in Condition No. 1 of this permit.
3) The beach accessway stairs shall terminate immediately oceanward of the first line of stable natural
vegetation.
4) All walkways located over any portion of the frontal dune shall be elevated in such a manner so that no
portion of the structure, with the exception of the pilings, touches the frontal dune.
5) Dune disturbance shall be allowed.only to the extent necessary for development and if the dune's
protective value is not weakened or reduced. All disturbed areas shall be immediately stabilized with
t vegetation.
6) The accessways shall be raised on posts or pilings of five feet or less in depth, so that whenever possible
only the posts or pilings touch the frontal dune. Where this is deemed impossible, the structure shall
touch the dune only to the extent absolutely necessary. In no case shall the access ways diminish the
dune's capacity as a protective barrier against flooding and erosion.
7) All structures in the Ocean Hazard AEC shall be on pilings not less than 8 inches in diameter if round,
or 8 inches to a side if square.
8) All construction within the Ocean Hazard AEC shall comply with all applicable requirements of the
N.C. Building Code and the local flood damage prevention ordinance as required by the National Flood
Insurance Program. If any provisions of the building code or a flood damage prevention ordinance are
inconsistent with any AEC standards, the more restrictive standard shall apply.
9) All foundations and structures shall be designed to be stable during applicable fluctuations in ground
elevation and wave forces during a 100-year storm. Cantilevered decks and walkways shall meet this
standard or shall be designed to break-away without structural damage to the main structure.
10) All pilings shall have a tip penetration greater than eight feet below the lowest ground elevation under
the structure. For those structures so located on the primary dune or nearer to the ocean, the pilings shall
extend to five feet below mean sea level.
11) For all portions of the parking lot located oceanward of the large structure setback line referenced in
Condition No. 1 of this permit, included the portion of the lot dedicated to the fishing pier, no new areas
may be paved. Repairs, including patching, may be added to those areas currently paved. However, if
the cost of the repairs exceeds 50 percent of the parking lot's physical value, then clay, packed sand or
gravel shall be utilized for this portion of the parking area.
12) Prior to the initiation of any pavement repairs oceanward of the large structure setback, the permittee
shall submit to the Division of Coastal Management for approval documentation that the pavement
repairs does not exceed 50 percent of the physical value of the existing parking lot. For the purposes of
this requirement, the existing parking lot shall be defined as the portion of the existing lot falling within
the Ocean Hazard AEC.

I.P.O.A. Permit# 18-05
Page 3 of 3
ADDITIONAL CONDITIONS
13) Any structure within the Ocean Hazard AEC shall be relocated or dismantled when it becomes
imminently threatened by changes in shoreline configuration. The structure(s) shall be relocated or
dismantled within two years of the time when it becomes imminently threatened, and in any case upon
its collapse or subsidence. However, if natural shoreline recovery or beach renourishment takes place
within two years of the time the structure becomes imminently threatened, so that the structure is no
longer imminently threatened, then it need not be relocated or dismantled at that time. This condition
shall not affect the permit holder's right to seek authorization of temporary protective measures allowed
under the Rules of the Coastal Resources Commission.
NOTE: In accordance with 15A NCAC 7H.0308(a), no new seawall or riprap revetments shall be allowed in
the future should any structure become threatened from erosion.
NOTE: In order to protect hatchling loggerhead sea turtles, all lights on the building face, including balcony
lights on the ocean side of all structures should be eliminated. Where ocean side lighting is required,
alternatives including shading, screening, or replacing fixtures with modern alternative light sources
should be utilized. Parking lots, streets, tennis courts, walkways, dune crossovers, pools and other
areas requiring lights should be illuminated with light fixtures located close to the ground to
minimize casting direct light on the beach and dunes. For more information on the proper design of
ocean side lighting, contact the N.C. Wildlife Resources Commission at(919) 729-1359.
Stormwater Management
14) The Division of Water Quality approval of this project under stormwater management rules of the
Environmental Management Commission is covered by way of Stormwater Permit No. SW7040111,
which was issued on 2/11/04. Any violation of the permit approved by the DWQ shall be considered a
violation of this CAMA permit.
Erosion and Sedimentation Control
NOTE: An Erosion and Sedimentation Control Plan will be required for this project. This plan must be
filed at least thirty (30) days prior to the beginning of any land disturbing activity. This plan
should be submitted to the Town of Kitty Hawk.
General
15) No wetlands or open water areas may be excavated or filled.
NOTE: This permit does not eliminate the need to obtain any additional state, federal or local permits,
approvals or authorizations that may be required.

��
NCDENR
North Carolina Department of Environment and Natural Resources
Division of Coastal Management
Michael F. Easley, Governor Charles S. Jones, Director William G.Ross Jr.,Secretary
February 1,2005
Independent Property Owners of America,LLC
1206 Laskin Road North Suite 201-V
Virginia Beach,VA 23450
Dear Sir:
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. Please sign both the original (buff-
colored form) and the copy. 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.Please retain the original(buff-colored
form),as it must be available on site when the project is inspected for compliance.
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, [phone] within twenty
(20) days of this decision on your permit. You should also be aware that if another qualified party submits a valid
objection to the issuance of this permit within twenty(20)days,the matter must be resolved prior to work initiation.
The Coastal Resources Commission makes the final decision on any appeal.
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 require
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 is to 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.
GSincerely,
cP V. N�
Douglas V. Huggett
Major Permits and Consistency Manager
Enclosure
1638 Mail Service Center, Raleigh, North Carolina 27699-1638
Phone: [phone] FAX: [phone] Internet: hfp://dcm2.enr.state.nc.us
An Equal opportunity 1 Affirmative Action Employer—50%Recycled 110%Post Consumer Paper

DIVISION OF COASTAL MANAGEMENT
FIELD INVESTIGATION REPORT
1. APPLICANT'S NAME: Independent Property Owners of America, LLC
2. LOCATION OF PROJECT SITE: 5353 North Virginia Dare Trail (NC-12) in Kitty
Hawk, NC
Photo Index— 1998: 10-43-1092, 010-12, P10-12; 1995: 185 1940 1,17-L19, M18-M20,
N18-N19; 1989: 1 42-51 M20-M21, 020-022, P20 and P21; 1984: 138-443 H16 and
H17, I15-I17
State Plane Coordinates -X: 2971325 Y: 871600
3. INVESTIGATION TYPE: CAMA
4. INVESTIGATIVE PROCEDURE: Date of Site Visit—June 8, 2004
Was Applicant Present - No
5. PROCESSING PROCEDURE: Application Received Complete—July 13, 2004
Office -Elizabeth City
6. SITE DESCRIPTION:
(A) Local Land Use Plan—Kitty Hawk
Land Classification From LUP - Developed
(B) AEC(s) Involved: Ocean Hazard
(C) Water Dependent: No
(D) Intended Use: Commercial
(E) Wastewater Treatment: Existing—None
Planned - On site sewage treatment system
(F) Type of Structures: Existing—Fishing pier and pier house
Planned - hotel, parking area, swimming pool, stormwater
catch basins, septic drainfield, courtyard, utilities,
geoweb fire lane
(G) Estimated Annual Rate of Erosion: 2 feet per year
Source—Erosion Rate Map
7. HABITAT DESCRIPTION: [AREA]
DREDGED FILLED DISTURBED
(A) Vegetated Wetlands
(B) Non-Vegetated Wetlands
(C) Other: Upland 7.12 acres
(310,084 sq ft)
(D) Total Area Disturbed: 7.12 acres
(E) Primary Nursery Area: N/A
(F) Water Classification: SB Open: No

FIELD INVESTIGATION REPORT: ,
PAGE#2
PROJECT SUMMARY:
Construct a 5 story hotel with 180 units, a courtyard, swimming pool, septic system,
parking area, utilities, landscaping, beach access structures, two gazebos, and stormwater
catch basins.
PROJECT SETTING:
The total area of the parcel is 7.19 acres, and is located at 5353 North Virginia Dare Trail
(NC12) in Kitty Hawk, adjacent to the Atlantic Ocean. The site includes the existing Kitty
Hawk Pier. The Land Use Plan for the Town of Kitty Hawk classifies the property as
"Developed", and is zoned as BH-2 (Beach Hotel-2). The site lies within the Ocean
Hazard Area of Environmental Concern as designated by the Coastal Resources
Commission. According to the Erosion Rate Map, this area experiences an erosion rate of
2 feet per year. Subsequently, the large structure setback is 120 feet with an Area of
Environmental Concern of 155 feet as measured from the first line of stable natural
vegetation. A primary dune is present at the site north of the fishing pier. An existing 360
ft wooden bulkhead is located approximately 30-35 ft west of the mean high water line,
extending the entire length of the project site. A 315 ft wooden retaining wall is located
parallel to the bulkhead south of the fishing pier, approximately 110 ft west of the mean
high water line.
Vegetation noted on the property includes, but is not limited to; American Beach Grass
(Ammophila brevigulata), and Sea Oats (Uniola paniculata). Soil types include Newhan
fine sands and Beaches-Newhan complex. No coastal or freshwater wetlands are present at
the project site. The property is in a designated VE (E 11) and AO (+2) Zone, with an
average elevation of approximately 12.5 feet above mean high water. Existing structures
on the property include: access road, parking lot,fishing pier, pier house, abandoned retail
store, and oceanfront bulkhead.
The applicant was issued Major Permit#66-02 on May 2, 2002, to expire December 30,
2005, for the construction of an addition to the existing fishing pier on this site. Also, the
applicant was issued Major Permit#75-00 on May 19, 2000 to construct a hotel with
associated structures on this site. Permit#75-00 expired on December 31, 2003. A review
of available information suggests there are no known archeological sites or geologic
formations associated with the site.
PROJECT DESCRIPTION:
Independent Property Owners of America, LLC, requests a CAMA Major Permit to
construct a 5 story, 180 unit hotel. The hotel and new parking areas will be constructed
landward of the 120 ft large structure setback. Development wholly or partially within the
120 ft setback includes the following;
• Swimming pool: 1766 SF, of which 1556 SF is within the setback
• Deck: 8646 SF, of which 6258 SF is within the setback
• Gazebos (2): one gazebo of 234 SF, and a second gazebo of 256 SF, both entirely within
the setback.
• Geo web firelanes: 1990 SF within the setback

FIELD INVESTIGATION REPORT:
PAGE#3
• Ocean access walkway: 768 SF within the setback
• Parking area: 15 parking spaces within the setback
The existing fishing pier, pier building pier ramp, bulkhead and retaining walls will
remain. Total land disturbing activity will involve 7.12 acres. Development within the
120-foot setback encompasses approximately 10,668 square feet. No new asphalt is
proposed within the setback, only recovering of existing asphalt. Existing structures
comprise an impervious surface area of approximately 63,669 SF(16%) west of the first
line of stable natural vegetation (FLSNV). The proposed development will create 141,732
SF (45.25%) of impervious surface west of the FLSNV, of which 11,808 SF is within the
CAMA setback. First floor elevation of the hotel is approximately 10 ft above mean high
water.
The applicant has been granted a Stormwater Management Permit (#SW7040111) by the
North Carolina Division of Water Quality, dated February 11, 2004. The proposed
stormwater catch basin will require approximately 612 cubic yards of high ground
excavation. The excavated material will be graded onto the site. The applicant indicates a
sedimentation and erosion control plan was submitted in December, 2003 to the NC
Division of Land Resources.
ANTICIPATED IMPACTS:
1. Increase in overall impervious surface on the property.
2. Increased density.
3. Net loss of indigenous vegetation.
Submitted by: Tony Zaharias
Date: July 15, 2004

REC-rwro
MAY ?
CAMA Major #75-00 Modification COASTAL MANAGE;M-
Independent Property Owners of America,LLC ELIZABETH CITY
Kitty Hawk,NC
In order to construct an oceanfront motel and amenities the applicant submits this modification request
consistent with the latest plans. The applicant desires to begin construction in the summer of 2004.
Site: 7.19 acres(west of FLSNV)oceanfront parcel in Kitty Hawk,NC
Proposed Building: 5 story, 180 Unit Hotel,with courtyard,septic system,parking,lighting and
landscaping
Activities partially or wholly within the 120 ft setback:
Pool: 1766 SF(1R-within
wi
Deck: 8646 SF within setback) .
Gazebos: 234 SF setback)
256 SF(256 within setback)
Geoweb Fire Lanes: (vertically and laterally pervious and only covers 2.6%of area served)
1990 SF are located oceanward of the large structure setback
Parking Lot: No new asphalt planned within setback. Only recovering of existing asphalt applies
within 120 ft.setback.
Small structure parking spaces are proposed landward of the small structure setback line,
and will be designated by signage. There are 15 small structure spaces proposed.
Large structure parking spaces are proposed landward of the large structure setback line.
There are 225 small structure spaces proposed.
Ocean Access Walkway: 768 SF wood or synthetic decking
To remain: Fishing Pier and pier building,pier ramp, eastern bulkhead and retaining walls,portions of
existing asphalt which lie in new parking lot. There is no proposed development,repair, or maintenance of
these existing structures anticipated at the time of application.

ECEIV'ED RECEIVED
Form DCM-MP-1 SAY 25 20Q4 APR 0 8 MOM
;
COASTAL MANAGEMENT COASTAL I1�IANAGEMENT
; f A f7CTH CITY ELIZABETH CITY
3. DESCRIPTION AND PLANNED USE
1. APPLICANT OF PROPOSED PROJECT
a. Landowner: a. List all development activities you propose (e.g.
building a home, motel, marina, bulkhead, pier, and
Name: Independent Property Owners of America L.L.C. excavation and/or filling activities.
Construction of Hotel,Parking Lots, Utilities, Parkin
Address 1206 Laskin Road North, Suite 201-V Lots Geoweb Fire Lane Septic Drainfield,
Landscapin>?, Courtyard Fountain, Parking Area
City Virginia Beach State VA Lighting Swimming Pool, Catch Basins,
Stormwater Basins
Zip 23451 Day Phone [phone]
Fax [phone]
b. Is the proposed activity maintenance of an existing
b. Authorized Agent: project, new work, or both? both
Name Environmental Professionals, Inc. c. Will the project be for public,private or commercial
use? Private
Address PO Box 3368 d. Give a brief description of purpose, use, methods of
construction and daily operations of proposed project.
City Kill Devil Hills State NC If more space is needed, please attach additional
pages. See Narrative
Zip 27948 Day Phone [phone] b. City,town, community or landmark
Kitty Hawk
Fax [phone]
c. Street address or secondary road number
5353 N. Virginia Dare Trail
c. Project name (if any) N/A
4. LAND AND WATER
CHARACTERISTICS
NOTE: Permit will be issued in name of landowner(s), and/or
project name.
a. Size of entire tract 7.19 acres
2. LOCATION OF PROPOSED b. Size of individual lot(s) N/A
PROJECT c. Approximate elevation of tract above MHW or NWL
0- 15 ft feet
a. County Dare d. Soil type(s)and texture(s) of tract
d. Is proposed work within city limits or planning
Newhan fine to medium sands
jurisdiction? X Yes No e. Vegetation on tract Ammophila breviliQulata. Uniola
e. Name of body of water nearest project (e.g. river,
paniculata Panicum spp
creek, sound,bay) Atlantic Ocean
Revised 03/95

Form DCM-MP-1
f. Man-made features now on tract: Pier, pierhouse,
timber ramp) bulkhead/retaining wall, asphalt • A copy of the deed (with state application only) or
parking.lot other instrument under which the applicant claims title
to the affected properties. If the applicant is not
g. What is the CAMA Land Use Plan land classification
claiming to be the owner of said property,then forward
a copy of the deed or other instrument under which the
of the site? (Consult the local land use plan.) owner claims title, plus written permission from the
4 owner to carry out the project.
Conservation Transitional
X Developed Community
Rural Other • An accurate, dated work plat (including plan view
and cross-sectional drawings) drawn to scale in black
h. How is the tract zoned by local government? ink on an 8 1/2" by I V white paper. (Refer to Coastal
BH-2 (Beach Hotel-2) Resources Commission Rule 710203 for a detailed
description.)
i. Is the proposed project consistent with the applicable Please note that original drawings are preferred and
zoning? X Yes No only high quality copies will be accepted. Blue-line
(Attach zoning compliance certificate,if applicable) prints or other larger plats are acceptable only if an
j. Has a professional archaeological assessment been adequate number of quality copies are provided by
done for the tract? Yes X No applicant. (Contact the U.S. Army Corps of Engineers
If yes,by whom? N/A. regarding that agency's use of larger drawings.) A site
or location map is a part of plat requirements and it
k. Is the project located in a National Registered must be sufficiently detailed to guide agency personnel
Historic District or does it involve a National Register unfamiliar with the area to the site. Include highway or
listed or eligible property? secondary road(SR)numbers,landmarks,and the like.
Yes X No •A Stormwater Certification, if one is necessary.
1. Are there wetlands on the site? _Yes X No •A list of the names and complete addresses of the
Coastal(marsh) Other adjacent waterfront (riparian) landowners and
If yes,has a delineation been conducted? No signed return receipts as proof that such owners
(Attach documentation,ifavailable) have received a copy of the application and plats by
certified mail. Such landowners must be advised that
m. Describe existing wastewater treatment facilities. they have 30 days in which to submit comments on the
None existing proposed project to the Division of Coastal
Management. Upon signing this form, the applicant
n. Describe location and type of discharges to waters of further certifies that such notice has been provided.
the state. (For example, surface runoff, sanitary
wastewater, industrial/commercial effluent, "wash Name Elmer W. Ramer and Joan M. Raper
down"and residential discharges.) surface runoff Address 733 Masterpiece Dr. Sun City,FL 33573
directed to stormwater basin Phone
Name Jemi¢an Enterprise Construction and Development Inc.
o. Describe existing drinking water supply source. Address PO Box 95 Grandy,NC
Dare County Water System Phone
Name
Address
5. ADDITIONAL INFORMATION Phone
In addition to the completed application form, the
following items must be submitted:
Revised 03/95

Form DCM-MP-1
• A list of previous state or federal permits issued for
This is the�.day of b��r>r_2lt ,2004.
work on the project tract. Include permit numbers, Print Name KendallTurnage
permittee,and issuing dates.
CAMA MAJOR 475-00 Signature
Landowner or Authorized Agent
NC DWO# SW7040111
• A check for $250 made payable to the Department of Please indicate attachments pertaining to your proposed
Environment, Health, and Natural Resources project.
(DEHNR) to cover the costs of processing the X DCM MP-2 Excavation and Fill Information
application. X DCM MP-3 Upland Development
DCM MP-4 Structures Information
• A signed AEC hazard notice for projects in DCM MP-5 Bridges and Culverts
oceanfront and inlet areas. DCM MP-6 Marina Development
• A statement of compliance with the N.C. NOTE: Please sign and date each attachment in the
Environmental Policy Act (N.C.G.S. 113A - 1 to 10) space provided at the bottom of each form.
If the project involves the expenditure of public funds
or use of public lands, attach a statement documenting
compliance with the North Carolina Environmental �4ECEIVED
Policy Act.
APR 0 8 2004
6. CERTIFICATION AND PERMISSION COASTAL f4AN GEMEW
ELIZABUCITY
TO ENTER ON LAND C ►ED
FIE
I understand that any permit issued in response to this MY 2, 200A
application will allow only the development described in
the application. The project will be subject to conditions =�•0ASTAL MAIVAGEMEhI
`
and restrictions contained in the permit. EI_IZABETH CITY
I certify that to the best of my knowledge, the proposed
activity complies with the State of North Carolina's
approved Coastal Management Program and will be
conducted in a manner consistent with such program.
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.
Revised 03/95

Form DCM-MP-2
RECEIVED
EXCAVATION MAY 9-
COASTAL MANAGEMENT
ELIZABETH CITY
AND FILL
(Except bridges and culverts)
Attach this form to Joint Application for CAMA 1. EXCAVATION
Major Permit, Form DCM-MP-1. Be sure to
complete all other sections of the Joint Application a. Amount of material to be excavated from below
that relate to this proposed project. MHW or NWL in cubic yards N/A
Describe below the purpose of proposed excavation b. Type of material to be excavated N/A
or fill activities. All values to be given in feet.
Average Final c. Does the area to be excavated include coastal
Existing Project wetlands? Yes No N/A
Length Width Depth Depth
Access d. Highground excavation in cubic yards Approx.
channel 612 CY for stormwater basin
(MLW) ot N/A -------- ------- -------
(NwT.) 2. DISPOSAL OF EXCAVATED
Canal MATERIAL
N/A -------- -------- --------
a. Location of disposal area Graded onto site
Boat Within disturbed, silt fence contained area of
basin N/A -------- ------ ------- construction
b. Dimensions of disposal area 7.19
Boat
ramp N/A -------- ------- -------
c. Do you claim title to disposal area? N/A
Rock X Yes No
groin N/A -------- ------- ------- If no, attach a letter granting permission from the
owner.
Rock(rip rap) d. Will a disposal area be available for future
breakwater N/A -------- ______ -------
maintenance? Yes No N/A
Other If yes, where? N/A
(Excluding
shoreline —150 —110 10.0 8.0
stabilization)
Revised 03/95

ECEIVE®
Form DCM-MP-2
MAY 2 5 2004
any
% F_9AS7AL N PT X No
e. Does the disposal area include coastal LIZgBETT ETH CIT.
wetlands(marsh), SAVs or other wetlands? N/A If yes
Yes X No (1) Amount of material to be placed in the
water N/A
f. Does the disposal include any area in the water? (2) Dimensions of fill area N/A
Yes X No N/A
(3) Purpose of fill N/A
3. SHORELINE STABILIZATION N/A
b. Will fill material be placed in coastal wetlands
a. Type of shoreline stabilization N/A (marsh), SAVs or other wetlands?
Bulkhead Riprap Yes X No
b. Length N/A 5. GENERAL
c. Average distance waterward of MHW or NWL
N/A a. How will excavated fill material be kept on site
and erosion controlled?
d. Maximum distance waterward of MHW or NWL Silt fence
N/A
b. What type of construction equipment will be
e. Shoreline erosion during preceding 12 months used(for example, dragline, backhoe, or
N/A hydraulic dredge)?
(Source of Bulldozers, front end loaders
information)
f. Type of bulkhead or riprap material c. Will wetlands be crossed in transporting
N/A equipment? Yes X No
If yes, explain steps that will be taken to lessen
g. Amount of fill in cubic yards to be placed below environmental impacts.
water level
(1) Riprap N/A
(2)Bulkhead fill N/A
h. Type of fill material N/A
Independent Property Owners of America,L.L.C.
Ap or t Name
I. Source of fill material N/A Signature
Date
4. OTHER FILL ACTIVITIES
(Excluding Shoreline Stabilization)
a. Will fill material be brought to site?
Revised 03/95

Form DCM-MP-3 �^^
�Ar I
UPLAND (-O,
DEVELOPMENT
(Construction and/or land disturbing activities)
Attach this form to Joint Application for CAMA Major Permit, Environmental Management for review?
Form DCM-MP-1. Be sure to complete all other sections of X Yes No
the Joint Application that relate to this proposed project. If yes,date submitted 1128104--Approved 2111104
copy attached
a. Type and number of buildings,facilities,units or structures i. Describe proposed method of sewage disposal.
proposed. On site sewage system, see plans for location
1 Hotel,pool,deck, landscaping,parking lot and lighting,
geoweb firelane,
j. Have the facilities described in Item i.above received
b. Number of lots or parcels 1 state or local approval? State application currently under
review(of current plans)
(Attach appropriate documentation)
c. Density(give the number of residential units and the units k. Describe location and type of proposed discharges to
per acre) 180 rooms on 7.19 acres(west of FLSNV) waters of the state(for example,surface runoff,sanitary
d. Size of area to be graded,filled or disturbed including wastewater, industrial/commercial effluent, "wash down"
roads,ditches,etc. 7.12 acres and residential discharges).
surface runoff directed to stormwater basin
e. If the proposed project will disturb more than one acre of
land,the Division of Land Resources must receive an 1. Describe proposed drinking water supply source
erosion and sedimentation control plan at least 30 days (e.g.well,community,public system,etc.)
before land disturbing activity begins. If applicable,has a Dare County Water System
sedimentation and erosion control plan been submitted to
the Division of Land Resources? X Yes No m. Will water be impounded? Yes X No
***see note below _ If yes,how many acres? N/A
If Yes,date submitted 12/03
NOTE:NC DLQ WILL REFER YOU TO THE LOCAL n. If the project is an oceanfront development,when was the
PROGRAM IF ASKED lot(s) platted and recorded?
***LOCAL PROGRAM---Town of Kitty Hawk be c,
, 198S
f. List the materials(such as marl,paver stone,asphalt,or _
or concrete)to be used for paved surfaces.
asphalt Applic6int or Project 14me
g. Give the percentage of the tract within 75 feet of MHW or Signature
NWL,or within 575 feet in the case of an Outstanding 3 !� y
Resource Water,to be covered by impervious and/or built- Date
upon surfaces,such as pavement,buildings,rooftops,or to
be used for vehicular driveways or parking. N/A
h. Projects that require a CAMA Major Development Permit APR 0 8 2004
may also require a Stormwater Certification. Has a site
development plan been submitted to the Division of COASTAL(1IANAGEMENT
ELIZABETH CITY

Independent Property Owners of America, L.L.C.
1206 Laskin Road North, Suite 201-V
Virginia Beach, VA 23451
I, on behalf of the Independent Property Owners of America L.L.C.,
authorize Environmental Professionals, Inc. (EPI) to pursue environmental
permits on my behalf for property located in Kitty Hawk, Dare County,
North Carolina.
(cL-L' SI 2 v o 4-
AUTHORIZATION DATE
o `�FIVE1
MAY w ,;,,
COAELIZABETH CITY T

12/28/2004 14:51 FAX [phone] TOWN OF KITTY HAWK 14 009
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12/28/2004 14:50 FAX [phone] TOWN OF KITTY HAWK 2006
North Carolina Division of Coastal Management
Attachment DOW
APPLICATION FOR DETERMINATION OF
❑ SUBSTANTIAL IMPROVEMENT
C] SUBSTANTIAL DAMAGE
Permit No. Tax Map Block Parcel Lot
Property Address: 5353 N. VA Dare Trail; KH 27949 Subdivision Name:
FIRM Panel: Flood Zone: BFE: AEC:
Pre,damage Elevation: MSL Date Damage Sustained:
Property Owner Co-Owner
Name: JBX Respxt, LLP
Mailing Address: PO Box 2716
City,StHto,Zip: 11:ill Devil Hills, NC 27948
Phone Number 252-441-2151
❑ I am attaching a certified appraisal report of my structture,or
Initials-
0 I am not submitting a cerfifred appraisal report of my structure and
I accept the Estimated Physical Value from tax assessment.
Initials:
❑ I accept the attw:hed estimated cost of comtructon as a fair
cost of repairfimprovement for my structure. Initials:
The following documents must accompany the application
The following document(s) islare attached:
® Detailed Construction Cost Estimate, Signed by a Licensed General Contractor
® Contractor's Affidavit, signed, dated, and certified or notarized
0 Copy of 1-he General Contractors license see attached
® Owner's ,Affidavit,signed,dated, and certified or notarized
❑ FEtdIA Elevation Certificate(it applicable or needed)
❑ Floor plan draMng (if available)
❑ Photos (cr other evidence)of structure before and after damage event(if available)
Signatures: Date:
Co-Owner` Date:
Contractor Date:
Dojo 7

12/28/2004 14:49 FAX [phone] TOWN OF KITTY HARK 003
CONTRACTOR AFFIDMIR
?errnir No.. .� Tax Map: Block:_ parcei
PrcJperry Address:_ 535 N. VA Dare Trail Kx Subdivisio
i4 Name,
Gontrad,oes Name; �iatt�as Mar_=.n� c.H. Sisley_ �iCense i��lfrTc7 C: 154-36-0183
Contracting — ,- -
Owner's fume: OBX F:esort ,. Phone Number; 441-2151
I hereby attest to the fact that i, or an empfayee of my company, -getsonally inspected the above mentioned p(aaerty and
produced the attached list of iternized repairs, additions, rehab;
hereby s: bmittod fdi retdaw: Ctat ons, r®canstructions, and/Or remvdeiing list which era
(Check one orb©Ph as applicable)
These damages are all the damages sustained by this structure,and all other additions and'improvements or repairs
proposed on the subject property are Included in this estimate.
i hese improvements are all of the in, provemenls that will'be done to th.0 existing struc;tur8, and all other additions,
improvements, rehabilitations, or repairs on the subject property are Included in this e5ftat¢,
l understand that I am subject to enforcement actions,restoration,and/or civil penalties}f inspection of the prapeq
reveals that 1 have performed work on the structure not included on the attached list sf repaii-s/modrflcatlons to-this
structure or that I have included non-conforming or illegal structures or additions to the existing structure without having
presented any plans for such additions. I understand that any permit issued by this jurisdiction pursuant to this affidavit does
rim authorize reconstruction,rehabllitatlon,repair, or maintenance of any illegal additions,fences,sheds,or non-conforming
uses of structures of the subject property,
Equipment
.i Otal Labor and Ml e"M $ 6,993
Materials by owner
0,uerhead and Profit: $ 2,000
tt tsl Cost; $ 8,993
atate of Borth Carolina, GoLnhy of Dare nM�
before me this day personally appeared Gary. H. sisler
who,being duly sworn
isposes and says tat he orshe has read, ►understands, and agrees to comply with all the aforementioned conditions.
')l9riature of Contractor:
Iwo '` ria subscff fare me this 5�-_ day of 1 LGCy%,v�Ct AD, 20014
ei��►%C • Notary �'ublic 5tete cif f ortfa Uar ns -
�y c r s• ri r ; " � 016
�.�

12/28/2004 14:49 FAX [phone] TOWN OF KITTY HAWK 2004
i
North Carolina Division of Coastal Management
Attachment 0CM-4
PROPERTY OWNER AFFIDAVIT
Permit No.: Tax Map: Block: Parcel Lot:
Property Address: 5353 N. VA' Aare Tr. , Kitty Hawk, NSubdi27949on Name:
Contractors Name: Hatteras Marine aka G. H. Sisler License Number: 154-36-0183
Contracting
Owner's Name: Phone Number: 252-441-2151
Sterling Webster
(Check on or both as applicable)
21I hereby afest to the fact that the information submitted is true and accurate;the repairs/reconstruction rehabilitation
and/orremodeling list submitted forreview by mycontractor are all the damages sustained by this structure and that
all other additions and improvements,or repairs proposed on the subject property are included in this estimate. No
other person, firm, or corporation, or no other contractor had made repairs, reconstruction, additions, or
remodeling inot included on the attached list,
❑ I hereby attest to the fact that the information submitted is true and accurate; the repairs, additions, rehabilitations,
reconstn ictiols and/or remodeling list submitted for review by my contractor are all of the improvements that will.be
done to the existing structure and that all other additions, improvements, or repairs on the subject property are
included in this estimate. No other person, firm, or corporation, or no other contractor had made repairs,
reconstruction,additions, or remodeling not included on the attached list,
I understand that I am subject to enforcement actions,restoration,and/or civil penalties if inspection of the property reveals that the information submitted is not true and accurate,or that I have performed or authorized work on the
structure not included on the attached list of repairs/modifications to this structure, or that I have included or
authorized non.c6riforming or illegal structures or additions to the existing structure without having presented any
plans for such additions. I understand that any permit issued by this jurisdiction pursuant to this affidavit does not
authorize reconstruction, rehabilitation, repair, or maintenance of any illegal additions, fences, sheds, or non-
conforming uses of structures of the subject property.
State of North Camiina County of
Before me this day personally appeared sterling Webster who,being dulyswom
deposes and says that he or she has s, an agrees o comp y wai e a oremen6oned conditions,
Signat - OBx Resort LL
SwbIn°Io and'sureci before me this day of A.D., 206�`.
0-TARY
of - 0 . - , �' -
PUs4 a Notary Public State of North Carolina
My Gommissior�e,�aiFess; _C-1
° o.......��
COUP
oaaaonjel° p,. 4!l

DIVISION OF COASTAL MANAGEMENT
APPLICATION TRANSMITTAL AND PROCESSING RECORD
A) APPLICANT: Independent Property Owners of America, LLC County: Dare
LOCATION OF PROJECT: 5353 North Virginia Dare Trail, Kitty Hawk
DATE APPLICATION RECEIVED COMPLETE BY FIELD REP: 07/13/04
FIELD RECOMMENDATION: Attached: NO To Be Forwarded: YES
CONSISTENCY DETERMINATION: Attached: NO To Be Forwarded: YES
FIELD REPRESENTATIVE: Tony Zaharias DISTRICT OFFICE: Elizabeth City
DISTRICT MANAGER REVIEW: Ted Sampson, 07/08/04
B) DATE APPLICATION RECEIVED RALEIGH: /Za/oy FEE REC'D: $40
PUBLIC NOTICE REC'D: END OF NOTICE DATE:
ADJ. RIP. PROP NOTICES REC'D: nn !� DEED REC'D: c
APPLICATION ASSIGNED TO: 15&rlie71 O : 7/--W-c,
C) 75 DAY DEADLINE: 61 ou 150 DAY DEADLINE:
MAIL OUT DATE: STATE DUE DATE:
FEDERAL DUE DATE: FED COMMENTS REC'D:
PERMIT FINAL ACTION: ISSUE DENY DRAFT ON
AGENCY ( DATE COMMENTS OBJECTIONS: NOTES
+��) RETURNED YES NO
Coastal Management- Regional Representative
Coastal Management- LUP Consistency N
Division of Community Assistance
Land Quality Section ✓ (t,( -
Division of Water Quality Pin- _ /7
Storm Water Management(DWQ) V U (�
State Property Office (J
Division of Archives & History
Division of Environmental Health
Division of Highways o- 4
Wildlife Resources Commission
Division. of Water Resources
Division of Marine Fisheries
Submerged Lands (DMF)
II���-

Permit#
DCM Coordinator:
MAILING DISTRIBUTION: /
Permit ✓
Age dl v,
DCM Field Offices:
AUK- 3E�
Elizabeth City^/ , A?
Morehead City
Washington
Wilmington
US Army Corps of Engineers(USACE):
Washington: Mike Bell(NCDOT)
Bill Biddlecome(NCDOT)
Raleigh Bland
Wilmington: Dave Timpy(NCDOT)
Henry Wicker
Others:
Cultural Resources: Renee Gledhill-E3r1X.,�
Environmental Health: Terry Piercu"'C/11
Marine Fisheries: Mike Street✓
NCDOT: Ken Pace`
Shellfish Sanitation: Patty Fowler--/
State Property Office: Joseph Henderson./
Water Quality: Cyndi Karoly(for non-DOTX-,--�
John Hennessy(NCDOT)
Water Resources: John Sutherland-t ',
Wildlife Resources: Maria Trip;fo
Bennett Wynne
David Cox(NCDOT)
Travis Wilson(NCDOT)
LPO:
FAXING DISTRIBUTION:
Permitee at
Agent at
DCM Field Offices:
Elizabeth City(252/264-3723)
Morehead City(252/247-3330)
Washington(252/948-0478)
Wilmington(910/350-2004)
US Army Corps of Engineers(USACE):
Washington: Mike Bell(NCDOT)
Bill Biddlecome(NCDOT)
Raleigh Bland(252/975-1399)
Wilmington: Dave Timpy(NCDOT)
Henry Wicker(910/251-4025)
CAMA Major Permit Process Nlanual Page 70 of 70

©, A
'— !�
�� J
NCDENR
North Carolina Department of Environment and Natural Resources
Division of Coastal Management
Michael F.Easley,Governor Charles S. Jones, Director William G. Ross Jr.,Secretary
March 3, 2005
Mr. George H. Wood
Environmental Professionals, Inc.
P.O. Box 3368
Kill Devil Hills, NC 27948-3368
Dear Mr. Wood:
This letter is in response to your March 1, 2005 faxed correspondence regarding
CAMA Major Permit#18-05 and the development it authorized for the owners of the tract,
Independent Property Owners of America, LLC (IPOA). The project is located adjacent to the
Atlantic Ocean along Mile Post 1 on Virginia Dare Trail, in Kitty Hawk, Dare County, North
Carolina. This letter also serves as a follow-up to Ted Sampson's letter of February 10, 2005,
in which in his capacity as District Manager for our Elizabeth City Office, warned your client
of the severe erosion that had recently occurred on the site and the subsequent substantial
landward shift of the first line of stable natural vegetation (FLSNV). He cautioned your client
that with a 50' landward shift in the FLSNV many aspects of the permitted project would
appear to not meet the appropriate setback lines and would require some aspects of the project
be redesigned.
In your letter, you have respectively disagreed with Mr. Sampson's conclusions that the
full extent of the development is no longer authorized. The Division's assessment as
expressed by Mr. Sampson is that a portion of the proposed hotel building and associated
parking lots now fall within the large structure setback and that many structures like the
geoweb firelane and concrete pool and deck do not meet the small structure setback. A simple
shifting of the project 50' landward appears to cause the parking lots to encroach onto the
active drainfield areas and onto the right-of-way of Virginia Dare Trail.
A condition of CAMA Permit#18-05 requires that a representative of the Division
stake the small and large structure setbacks prior to the initiation of any construction
authorized by the permit. It also noted that a landward movement of the FLSNV could require
a redesign of the project. Again, as was stated in Mr. Sampson's letter, based on conditions
observed during recent site visits, this certainly appears to be the situation. It is important to
emphasize that all previous CAMA permits for development on the site have long expired and
are no longer valid. The current project was reviewed and permitted independently of all
previous proposals at the site and although you contend that the project is a continuation of
development as defined in T15A NCAC 07J.0400, the Division disagrees.
400 Commerce Avenue, Morehead City, North Carolina 28557
Phone: [phone] FAX: [phone] Internet: www.nccoastaimanagement.net

Mr. George Wood
Page 2
March 3, 2005
Therefore, prior to initiation of any construction (including the driving of pilings), the
Division requests that your client have the setback lines staked by one of its representatives to
ensure compliance with all appropriate setbacks. Any development undertaken that does not
meet the appropriate setbacks will be considered a violation of the permit and subject to
restoration requirements and civil penalties. Although you state that you will provide
documentation to support your contention of continued development, the Division is
responding at this time to ensure there is no misunderstanding of its position in this situation -
no construction may take place prior to the staking of the FLSNV by the Division. Once the
information you mentioned in your letter is submitted to this Division, we will timely review it
and respond accordingly.
The Division thanks you for your efforts to ensure compliance with the rules of the
Coastal Resources Commission. If you have any questions please do not hesitate to contact me
at 252-808-2808.
Sincerely,
_,"V �4�ed
M. Ted Tyndall
Assistant Director
cc: Charles S. Jones- Director, DCM
Ted Sampson - District Manager, DCM
Doug Huggett - Major Permits Coordinator, DCM
Sterling Webster - Project Manager
Chet Forrester - Building Inspector, Town of Kitty Hawk

NOV Templates
Subject: NOV Templates
From: Roy Brownlow<[e-mail]>
Date: Thu, 03 Mar 2005 09:38:08 -0500
To: "DENR.EC.DCM" <[e-mail]>, Morehead City Office Staff
<[e-mail]>, "DENR.WARO.DCM" <[e-mail]>,
"DENR.WIRO.DCM" <[e-mail]>
Hope this message finds everyone doing well. We're settling into our new Morehead City
office building and returning to somewhat normal operations mode.
In order to preserve the original Notice of Violation template letters on the T drive
(T:\Compliance & Enforcement\Enforcement Letter Templates), I have enacted a "protect
document" command. There are a couple of ways to access and retrieve the template as
described below:
PREFERRED METHOD:
1. Open a copy of your district office letterhead.
2. Open the appropriate enforcement letter template you need to use from the T drive.
3. On the menu bar, click "Edit" then "Select All" which will highlight the entire document.
Either "right-click" your mouse and choose "Copy" or click "Edit" again and choose "Copy"
(right-clicking is faster).
4. Go back to your open letterhead and "right-click" and choose "Paste" or click "Edit" and
then choose "Paste" to place the template into your letterhead.
5. At this time, "SAVE" and "NAME" your document to wherever you save your enforcement
letters.
6. Proceed to editing, modifying, or drafting your letter.
Other Method:
1. Open the appropriate enforcement letter template from the T drive.
2. Click on "File" then choose "Save As."
3. Name and save your document to wherever you save your enforcement letters.
4. You must specify where to save them by navigating to the appropriate folder location in
the directory tree that opens when you click "Save As." Please remember to save them
other than the T drive enforcement letter templates folder.
5. Only after you have saved and re-named the document, you may go to the menu bar and
select "Tools" and choose "Unprotect Document". It will prompt you to type in the password
to unprotect the document for editing. The password is (in lower case): unprotect
6. Proceed to editing, modifying, or drafting your letter.
7. You will still need to transfer it to your district letterhead, or bring your letterhead into your
document.
I'm hoping in the near future to get the templates placed into your district's letterhead so all
you will have to do is open, save, and type without having to mess with the formatting and
such. There might be some formatting issues when you transfer the text, if you do, e-mail
me your document and I can fix it and send it back or you can call me and I can guide you
through the steps. I'm hoping to get everone's letterhead pre-formatted with the header and
footer issues resolved and then posted on the T drive.
1 of 2 4/8/2005 12:13 AM

yC� � t
t Ui
q
MAR 4 2005
Morehead Q4- b
ENVIRONMENTAL
PROFESSIONALS
INC.
PLANNING FOR March 1,2005 (Via Facsimile: 252-247-3330&Mail)
A BETTER
ENVIRONMENT
North Carolina Division of Coastal Management
Attn: Mr.Charles Jones
400 Commerce Avenue
Moorehead City,NC 28557
Dear Mr.Jones,
Mr. Sterling Webster,Project Manager for Independent Property Owners of America,LLC(IPOA),
received a letter from Mr.Ted Sampson dated February 10,2005 yesterday. He asked that I review the
letter,CAMA permits#75-00,#66-02,and#18-05,General Statutes,and North Carolina Administrative
Codes in light of the actions which have been taken in reliance on the permits issued for this project.
As I am sure you are aware,this project has a lengthy record,and numerous activities have occurred over
the years and many during the last several months. Suffice it to say,that I will be providing a detailed
description of customary and usual building standards and schedules for a project of this size and
complexity to constitute commencement and continuation of development as defined in T15A NCAC
075.0400. However,because of the number of design professionals,lending agreements,Town of Kitty
Hawk Actions,purchases of governmental permits(water,sewage disposal,building),construction
agreements,and construction activity,I will not detail these activities in this letter. I wish to present to you
accurate and compelling documentation of the considerable reliance placed upon the issuance of these
permits.
IPOA respectfully disagrees with Mr. Sampson's conclusion that the activity permitted is no longer
authorized,and the necessity to obtain approvals for a redesign of the project. To the contrary,IPOA
asserts that substantial development has commenced and is continuing as allowed by Administrative Code.
I hope to have all documentation by Monday,March 7,including the projected use of the pilings that are
installed at the site.
Thank you for your consideration of this information.
Sincerely,
Environmental Professionals,Inc.
//41�
0 H.Wood,CEP,PWS
GHW:kac
P. O . BOX 3368 • KILL DEVIL HILLS , NORTH CAROLINA 27948 - 3368 252 -441 -0239
FAX : [phone] • EMAIL : environmentalpro® earthI ink . net

NCDENR
North Carolina Department of Environment and Natural Resources
Division of Coastal Management �t:rjedU
Michael F.Easley,Governor Charles S. Jones, Director William G.Ross Jr.,Secretary
February 10, 2005
Independent Property Owners of America, LLC
1206 Laskin Road N.
Suite 201-V
Virginia Beach, VA 23451
Re: CAMA Major Permit#18-05; effects of recent erosion
Dear Sirs:
You were issued the subject Permit on February 1, 2005. The Note, on the face of that Permit,
indicated:
Recent weather events may have moved the first line of stable natural vegetation (FLSNV)
landward from the FLSNV line shown on the attached work plan drawings. The permittee is
advised that such landward movement of the FLSNV, and the subsequent movement of the
small and large structure setback lines, could require a redesign of the proposed project. If
such a redesign is necessary, a modification of this permit, as well as any other permits
issued for the project, may be required.
On February 9, 2005, I was at the proposed development site, and observed that significant
beachfront erosion has taken place, substantially shifting the FLSNV landward. It is estimated that
the FLSNV has shifted over 50 feet landward, and is now approximately 8 feet oceanward of the
line depicted on the proposed development drawings as the "small structure setback." This results
in significant portions of the proposed hotel building, and its associated parking lots within the
"large structure setback," contrary to the types of development that may be authorized for such a
location. The whirlpool tub, the concrete pool deck, and portions of the geoweb fire lane and the
northern portions of the parking lot would now fall within the "small structure setback", contrary to
the types of development that may be authorized for such a location.
Please be advised that under the conditions of Permit #18-05, the full extent of the development
activity addressed by this permit is now no longer authorized. It is now necessary to obtain approval
of the modifications for the re-design of this project, as necessitated by the changes in the FLLNV.
1367 U.S. 17 South, Elizabeth City, North Carolina 27909
Phone: [phone] \FAX: [phone]\Internet: www.nccoastalmanagement.net
An Equal Opportunity\Affirmative Action Employer --30%Recycled by Fiber Weight

Independent Property Owners of America, LLC
February 10, 2005
Page 2
It was noted during my site visit on February 9, 2005, that construction activity had commenced to
the extent of removing the existing paved parking area. Any subsequent activity to reconstruct the
parking lot or pursue further development activities of this project within this area could be
regarded as a violation of the Permit conditions.
Please contact me if we can be of assistance in your redesign of this project to comply with the now
existing conditions at this location, and your apparent need to obtain a modification to the existing
Permit.
Sincerely,
Ted Sa 7son
District Manager
Northeast District
TS/yc
cc: Ted Tyndall, Assistant Director, NC Division of Coastal Management (DCM), Morehead City
Doug Huggett, Major Permit Coordinator, DCM, Morehead City
Roy Brownlow, Compliance Coordinator, DCM Morehead City

NCDENR
North Carolina Department of Environment and Natural Resources
Division of Coastal Management
Michael F. Easley,Governor Charles S. Jones, Director William G. Ross Jr.,Secretary
MEMORANDUM
TO: Doug Huggett, Major Permit Coordinator FEB 0 4 2005
FROM: Ted Sampson, District Manager, NE Dist. , Morehead City DCM
DATE: February 2, 2005
SUBJECT: IPOA LLC, Comments and Recommendations on CAMA Major Permit
Application
REFERENCE: (a) Field Investigation Report, by Tony Zaharias, dated July 15, 2004
This project proposes the construction of a five story oceanfront hotel with 180 units, a courtyard,
swimming pool, septic system, parking area, utilities, landscaping, beach access structures, and a
stormwater infiltration basin. The general and specific use standards of the Coastal Resources
Commission (CRC), as codified in 15A NCAC 07H, which are applicable to this project have been
reviewed, and the following comments and proposed permit conditions are offered:
1. All proposed "large structure" development, and "small structure" development lies behind
the respective structure setbacks with the exception of the following:
a. The northeast corner of the parking lot (a single large structure) extends into the large
structure setback, up to the small structure setback line. Without redesign to separate
this section of the parking lot into a small structure, its construction in this location
would be inconsistent with the Rules of the CRC. While an existing asphalt parking
area already exists in this area, and repairs and maintenance may be allowed, any
total re-paving of this parking area, or any upgrading beyond 50% of it current value
would constitute replacement and would not be allowed. Reconstruction of this area
would be allowed if completed with clay, packed sand or gravel, as an allowable
exception to the setback rules, under the provisions of 15A NCAC 07H .0309(a).
b. A small section of the concrete curb and gutter border of the "large structure"
northern parking lot extends slightly into the "small structure" setback. This is a
triangular shape with dimensions of approximately 3 feet by 20 feet. This is not one
of the nine types of development enumerated in 15A NCAC 07H .0309(a) as
permittable forward of the oceanfront setback requirements, and would not be
consistent with the guidelines of the CRC.
1367 U.S. 17 South, Elizabeth City, North Carolina 27909
Phone: [phone] \FAX: [phone]\Internet: http://dcm2.enr.state.nc.us
An Equal Opportunity\Affirmative Action Employer—50%Recycled\10%Post Consumer Paper

Independent Property Owners of America, LLC
Major Permit Recommendations
February 2, 2005
Page 2
c. A wooden, or composite, beach accessway extends from the swimming pool to the
First Line of Stable Vegetation. Beach accessways may be located within the setback,
in that they are specifically enumerated under 15A NCAC 07H .0309(a). However,
paragraph (4) of this section directs that they must be consistent with Rule .0308(c) of
the same Subchapter. This establishes the additional requirement that beach
accessways be less than 6 feet in width. The width of the proposed accessway is
drawn as 8 feet. Rule 15A NCAC 07H .0308(c)(3) provides that accessways that do
not meet the 6 feet limitation can be permitted only if they meet a public purpose or
need which cannot otherwise be met, and are raised on posts or pilings of five feet or
less depth. In that this accessway will have to serve a concentrated number of persons
during the peak of the season, and in that that a wider ramp would serve to make this
portion of the beach handicapped person accessible, this wider ramp would be
consistent with the Rules of the CRC if elevated on posts or pilings.
2. The drawing shows an unlabeled double line extending along the oceanward edge of the
swimming pool deck to the southern property line, and to the edge of the northern parking
lot, where it takes a right angle turn and proceeds toward the ocean and ends at the small
structure setback line, where it is then depicted as a single line that extends to the existing
timber ramp for the existing pier. If this unlabeled structure is a fence, it would be consistent
with the rules of the CRC, up to the point where it intersects the small structure setback line.
A fence is not permittable within the small structure setback. The length of the double line,
perhaps representing a fence, would only be acceptable if constructed as a fence, but not if it
is intended to be constructed in the fashion of a new seawall.
3. Since the circulation of the Field Investigation Report on this project, this area has suffered
the results of a number of erosive storm events. These events have removed most of the
previously existing oceanfront bulkhead, and have begun to cut into what is depicted on the
drawings as the First Line of Stable Natural Vegetation (FLSNV). Prior to the initiation of
any construction a new FLSNV will need to be staked. At that time, it is likely that some of
the northern parking lot will extend into the small structure setback, and possibly portions of
the northern geoweb fire lane, and the concrete swimming pool deck. Continued erosion
prior to initiation of construction may require a substantial redesign of this project.
4. With the exception of the above noted inconsistencies, it is recommended that a permit be
issued for this project, subject to the following conditions:
a. The foundation pilings of all structures, other than approved beach accessways, must
be located landward of the first line of stable natural vegetation a distance of 120 feet.
This must be established by a Division of Coastal Management representative, from
the Elizabeth City District Office, immediately prior to any structural piling
placement. The line must be re-established if construction is not initiated within sixty
(60) days, and/or if there is a major shoreline change prior to commencement of
construction.

Independent Property Owners of America, LLC
Major Permit Recommendations
February 2, 2005
Page 3
b. All construction within the ocean hazard area must comply with building
requirements of the North Carolina Building Code and the local flood damage
prevention ordinance as required by the National Flood Insurance Program.
c. All structures in the ocean hazard area shall be on pilings of not less than 8" in
diameter if round, or 8" to a side if square.
d. All foundations and structures must be designed to be stable during applicable
fluctuations in ground elevation and wave force during a 100-year storm.
e. All pilings shall have a tip penetration greater than eight feet below the lowest ground
elevation under the structure. For those structures so located on the primary dune or
nearer to the ocean, the pilings must extend to five feet below mean sea level.
f. In accordance with 15A NCAC 7H .0308(a), no seawall or riprap revetments will be
allowed in the future should any structure become threatened from erosion.
g. All structures shall be relocated or dismantled when they become imminently
threatened by changes in shoreline configuration. The structures shall be relocated or
dismantled within two years of the time when they become imminently threatened,
and in any case upon a structure's collapse or subsidence. However, if natural
shoreline recovery or beach renourishment takes place within two years of the time
when the structure becomes imminently threatened, so that the structure is no longer
imminently threatened, then it need not be relocated or dismantled at that time. This
condition shall not affect the permit holder's right to seek authorization of temporary
protective measures allowed under Rule 07H .0308(a)(2) of the North Carolina
Administrative Code.
h. In order to protect hatching sea turtles, all lights on the building face, including
balcony lights on the ocean side of all structures, should be eliminated. Where ocean
side lighting is required, alternatives should be pursued, including shading, screening,
or replacing fixtures with modern alternative light sources. Parking lots, streets,
tennis courts, walkways, dune crossovers, pools, and other areas requiring lights
should be illuminated with light fixtures located close to the ground to minimize
casting direct light on the beach and dunes.

G1/12/2005 12:28 FAX [phone] TOWN OF KITTY HAWK U 002
Via .
^ 'Y PHONE [phone]
POST OFFICE 13QX 549 ✓ FAX (257_) 261-7900
101 VETERANS MEMORIAL DRIVE WWW,YOWNOFKITTYHAWK.ORG
KITTY HAWK, N: 27949 �� �
E-MAIL: INFO nQTOWNOFKITTYHAWK.ORG
QMwok.17/g09
1,
Code Enforcement/CAMA Office
January 12,2005
Sterling Webster
P.O. Box 2716
Kill Devil Hills,NC 27948
Dear Mr. Webster,
This office has completed its review of your December 21, 2004 Application for
Determination of Substantial Damage associated with the work on the Kitty Hawk Pier
bulkhead at 5353 N. Virginia Dare Trail in Kitty Hawk,Dare County,North Carolina.
After reviewing your application packet it is my determination that the Oceanfront
Bulkhead has been destroyed beyond 50%and does not fall under the CAMA guidelines
of maintenance and repair and would constitute replacement as out lined in 15A NCAC
0710210 Replacement of Existing Structures; 07K.0103 Maintenance and Repair;
07K.0209 Exemption/Accessory Uses/Maintenance/Repair and Replacement; and NCGS
113A-103(5)(b)(5).
This conclusion was based on the affidavits that were submitted by you as to the
value of the structure and the cost to perform repairs to the structure. Mr. Janieki with
Carolina Beach Builders has appraised the pre-existing value of the 477 linear feet of
Oceanfront Bulkhead at $53,662. This figure represents a 25% depreciated value from
the$71,550 total value and was based on$150 per linear foot.
Based on your packet of material, you estimated the cost of the work to be done on
the bulkhead to be $24,454 or 45.5% of the physical value of the structure. This
included a 130-foot section and a 62-foot section already completely rebuilt or to be
completely rebuilt using all new materials. The total value including labor and materials
to completely rebuild both sections was quoted at$12,310 and$6,507 or$94.69 a foot
and$104.95 a foot respectively. However,the physical value, as determined by Mr.
Janicki of Carolina Beach Builders, was estimated at$150 per linear foot. Therefore,
using the same cost per linear foot to repair the bulkhead that was used in the calculation
of the physical value (i.e. $150.00), the cost of these two sections would rise to $19,500
and$9,300 respectively. This brings the total cost of the repairs to$34,437 or 64% of
the physical value of the structure. Similarly,when you include the cost of the repairs of

01i12i2005 12:29 FAX [phone] TORN OF KITTY HAWK Z 003
the remaining 177 feet of derelict bulkhead that is not even included in the package,the
percentage cost of the work to the physical value of the structure is even higher. The cost
of repairing the 177 linear feet must be factored into the cost of repairs per CAMA
regulations. As stated"One must figure the true cost of bringing the structure back to its
pre-damage condition", `even if the owner elects to do less'.
In a typical appraisal using actual cash value or replacement value, the cost of
construction is determined for the square footage and or linear feet in this case. Then a
depreciation factor is used to :find the true value of the structure. The Builder in this case
placed a value of$150 linear foot to the structure and then depreciated the structure
accordingly. However, in the construction cost estimates it shows approximately S100 a
linear foot for replacement of entire sections of the Bulkhead that were completely
missing. These numbers should be in agreement and any cost associated with the value
of the land and or location of the Bulkhead must not be factored into the appraised value
of the structure.
In addition,we can apply the$100 per linear foot,which is the approximate cost to
replace the missing sections according to the above listed figures,to the appraisal and not
the$150. This would be a total value of$47,700 and using the same depreciation factor,
as did Mr. Janicki,this is a depreciated value of$35,775. All of these numbers are
according;to the numbers that you have supplied. If we use the cost of repairs that was
submitted of$24,454,the percentage of work completed would be 68%. This would still
not include the 177 linear feet that would also have to be calculated into these numbers.
In calculating the cost of this repair to the 177 linear feet, I have used the lowest cost per
linear foot that you have supplied in the application packet. This would be $38.89. The
cost to repair the 177-foot section that was not calculated into this figure is$6,883.53.
When this is added to the $24,454 for the other sections,the total cost of repairs is
$31,337.53. This is 87.6% of the depreciated value of the oceanfront bulkhead.
In further calculations, if we use the appraised value as it stands of$150 per linear
foot, with the discrepancy in construction costs of completely replacing entire section at
$100 per linear feet. I still must factor in the 177 feet of bulkhead that was not calculated
into this application. Again, using the lowest cost per linear foot that was supplied by
you of$38.89 the cost of repairing the 177-foot section would be S6,883.53. If this is
added to your cost of repairs of S24,454 we have a total construction cost of$31,337.53.
Using your depreciated value for the bulkhead of$53,662, this would be 58.4% of the
depreciated value of the oceanfront bulkhead.
Although you suggest in your application that the proposed work is less that 50%
of the physical value of the structure,this office has determined that the cost of the
repairs is, at a minimum 58.4% of the total value of the structure and could be as high as
87.6%. This office therefore considers the work to be replacement and consequently
requires a Coastal Area Management Area(CAMA)permit. As you know,new
oceanfront bulkheads are Dot allowed by Coastal Resources Commission(CRC)rules.
Therefore, a Notice of Violation will be forthcoming for undertaking development
without a CAMA permit and removal of the non-conforming sVuetnre will be requested.

I1i12/2005 12:29 FAX [phone] TOWN OF KITTY HAWK 1&004
You have the opportunity to file an appeal of this decision by filing a Petition for a
Contested Case Hearing with the Director of the Division of Coastal Management_ I
have enclosed the appropriate form to be completed.
If,you have any questions regarding this matter.please feel free to contact me at
the Town Hall(252)261-3552.
Sincerely,
Stephen Smith
CEO/CAMA LPO
Town of Kitty Hawk
Cc: M.Ted Tyndall-Assistant Director,DCM
Ted Sampson—District Manager,DCM

� r
January 6, 2005
OBX Resort, LLP
c/o Mr. Sterling Webster
P.O. Box 2716
Kill Devil Hills, NC 27948 1
Dear Mr. Webster:
This office has completed is review of your December 21, 2004 Application for
Determination of Substantial Damage associated with the work on the Kitty Hawk Pier
bulkhead at 5353 N. Virginia Dare Trail in Kitty Hawk, Dare County, North Carolina.
As has been discussed, the North Carolina Administrative Code T15A:07J.0210
states that "replacement of existing structures damaged or destroyed by natural elements,
fire or normal deterioration is considered development and will require CAMA permits."
It goes on to state that "the proposed work will be considered replacement if the cost of the
proposed work exceeds 50 percent of the physical value of the structure at the time of
damage." It also states "the physical value of the structure shall be determined by the
local building inspection office. Replacement of structures can be allowed if they are
found to be consistent with current CRC rules."
Carolina Beach Builders has provided an estimate of the 477-foot long bulkhead's
"pre-existing" value at $53,662. According to the letter from Mr. Janicki with Carolina
Builders, this number represents a 25% depreciated value from the $71,550 total value and
was based on $150 per linear foot. Although (??? your building inspector), building
inspector for the Town of Kitty Hawk, questions this value since it was not from a certified
appraiser, it is this office's opinion that the value is substantially less than this based on its
age and condition. However, with the absence of a formal appraisal, this office will allow
its use in the repair/replacement determination.
Based on your packet of material, you estimated the cost of the work to be done on
the bulkhead to be $24,454 or 45.5% of the physical value of the structure. This included
a 130-foot section and a 62-foot section already completely rebuilt or to be completely
rebuilt. The total value including labor and materials to completely rebuild both sections
was quoted at $12,310 and $6,507 or $94.69 a foot and $104.95 a foot respectively.
Unfortunately, the physical value was again based on $150 a linear foot. Therefore, using
the same cost per linear foot to repair the bulkhead that was used in the calculation of the
physical value (i.e. $150.00), the cost of these two sections would rise to $19,500 and
$9,300 respectively. This brings the total cost of the repairs to $34,437 or 64% of the
physical value of the structure. Similarly, when you include the cost of the repairs of the
remaining 177 feet of derelict bulkhead that is not even included in the package, the
percentage cost of the work to the physical value of the structure is even higher.
Although you suggest in your application that the proposed work is less that 50% of

the physical value of the structure, this office has determined that the cost of the repairs is
at least $34,437 and 64% of the physical value. This office therefore considers the work
to be replacement and consequently requires a Coastal Area Management Area (CAMA)
permit. As you know, new oceanfront bulkheads are not allowed by Coastal Resources
Commission (CRC) rules. Therefore, a Notice of Violation will be forthcoming for
undertaking development without a CAMA permit and removal of the non-conforming
structure will be requested.
If you have any questions regarding this matter, please feel free to contact me at the
Town Hall [phone].
Sincerely,
Stephen Smith
CEO/CAMA LPO
Town of Kitty Hawk
cc: M. Ted Tyndall - Assistant Director, DCM
Ted Sampson - District Manager, DCM

12/28/2004 14:50 FAX [phone] TOWN OF KITTY HAWK 2007
G. H. CONTRACTING
EST.MXM
December 24, 2004
Mr. Sterling Webster
PO Box 2716
Kill]devil Hills,VA 27948
Re: North Carolina.Contractors License
Dear Mr. Webster
While G. H. Contracting has been doing work for many years we have always keep our work
under the limits which would necessitate a contractors license.
We do work for the State of North Carolina, Dare and Currituck Counties.
Sinc ely,
l
Crary *sle
G. H. Contracting
P_O_ BOX 38 HATTERAS NC 27943 TEL. [phone] FAX: [phone]
[e-mail]

12,,28i2004 14:49 FAX [phone] TOWN OF KITTY HAWK Z 002
OBX Resort, L c
P.O. BOX 2716 • KIL.l_ DEVIL HILLS, NC 27948
December 21, 2004
Re: Kitty Hawk Pier Bulkhead
Dear Steve:
Attached is;our application to complete repairs on the Kitty Hawk Pier Bulkhead.
When we addressed this issue before Thanksgiving I had Mr. Sister of Hatteras Marine
a.k.a. G. H. Sister Contracting give us a ball park "not to exceed" figure including the
work completed on the final 62 feet and the material stored on site.
We were not aware of the requirement to review the cost from the beginning of the
repair and maintenance work at that time.
When we hired Hatteras Marine, Mr. Sister requested that we buy the material and he
would be responsible for the labor and equipment. Since we assisted Mr. Raper to
our south we had Treated Lumber break out the material we ordered for Mr. Raper.
Mr. Sister is billing his work directly to Mr. Raper.
We hired Carolina Beach Builders, a reputable established commercial contractor on
the Outer Banks, to appraise the bulkhead from a pre-existing stand point.
Attached is a summary of the work completed and the work to be completed. We
trust you will find everything in order. Please do not hesitate to contact us if you
have any questions.
Sincerely,
er in ebster
aging tnel

12/28/2004 14:51 FAX [phone] TOWN OF KITTY HAWK 010
r
Carolina .Beach -Builders
December 14,.2004
Stephen Smith
CEO/C,'P MA.LPO
Town of Kitty Hawk
P O Box 549
im veterans Memorial Drive
Kitty Hawk,N C 27949
RE:{(;tty Hawk Pier Bulkhead
Dear Mt.Smith,
IPOA',s-.Oceanside bulkhead is approximately-477 linear feet long. We estimate the pte
existing vatue at$150.00 per linear foot or$71,550.W and discounted to$53,662.00.
Please do not hesitate to oointact we if you have any questions.
Sincerely, ,
dwa(d J. ani 1 .
Carolina Beach Builders,Inc.
2300 N. Croatan Hig11way, Kill Devil Hills, NC 27948
;Bus, 252-441-5598 . Fax [phone]
[e-mail] 9 www.carolinabeacb,bui.dera.com

11/19i2004 13:39 FAX [phone] TOWN OF KITTY HAWK U 002
� 5 k PHONE [phone]
A ''::
POSY OFFICE BOX 549 FAX [phone]
1 O1 VETERANS MEMORIAL DRIVE WWW.TOWNOFKIYYYWAWK.ORG
KITTY HAWK, NC 27949
.,� E-MAIL: INFO@TOWNOFKITTYMAW K.O RG
poy
Code Enforcement/CAMA Office
November 22,2004
Sterling Webster
P.O. Box 2716
Kill Devi'.Hills,NC 27948
Dear Mr, Webster,
I have received your application packet for an Exemption Certificate from Minor
Development. After further review of the packet the following items are still needed to
process tkte application:
1. A complete breakdown of all work that has been done thus far to include the cost of
completely replacing 192 linear feet of new Bulkhead(excluding the 62 foot proposal
that was submitted on November 17, 2004 in which the cost was stated to be $9,000
for that section). A breakdown of the other 130 linear feet of all new replacement is
needed.
2. The cost to repair a 58-foot section and a 48-foot section totaling 106 linear feet in
which new material, labor, all overhead, and profit should be included.
3.In addition,an appraisal should come from an independent source, such as an
independent appraiser who has experience in appraising such structures and not the
contractor perfomung the work.
If you have any questions concerning this Notice please feel free to contact me at
the Town Hall(252)261-3552, and we can discuss this matter further.
Stephen Smith
CEO/CAJv1A LPO
Town of Kitty Hawk

41
North Carolina
Coastal Federatt"on
Northern Office: P.O. Box 475, Manteo, NC 27954 [phone]
November 17, 2004
Ted Tyndall
Division of Coastal Management
151-B Highway 24
Hestron Plaza lI
Morehead City,NC 28557
Dear Ted,
I am writing to express strong objection to the repair of the oceanfront bulkhead at the Kitty
Hawk pier, along a tract of land owned by Sterling Webster.
The bulkhead was built in the 1940s and is a non-conforming structure. My understanding is that
in September Mr. Webster submitted a proposal to Stephen Smith, LPO for the town of Kitty
Hawk,to repair the entire 475-foot bulkhead. He was told he would have to submit an
independent appraisal of the structure. He then submitted an appraisal he had drawn up himself.
Mr. Smith told him the appraisal would have to be done again,by an independent agent.
In October, after a northeaster washed out much of the bulkhead, Mr. Webster began repairing it.
Mr. Smith gave him permission to repair only 130 feet. To shore up any more would have
required a permit.
I am not clear about what happened next. But it is my understanding that Mr. Webster somehow
consulted with Dennis Hawthorn of the Elizabeth City DCM office. I am told that based on
advice from Mr. Hawthorn, Mr. Webster completed repairs on 298 feet of the structure. I
understand that a short time later you visited the site and told him to stop work.
To my knowledge, Mr. Webster has still not produced the required assessment of value for the
bulkhead.
It is NCCF's position that the bulkhead was repaired illegally and needs to be torn down, except
for the 130 feet that Mr. Webster had permission to repair. In addition,the work on that 130 feet
must be inspected to see if it complies with state law for non-conforming structures. If it does
not, it should also be torn out.

We urge you to prosecute this case to the fullest extent of the law. Please let me know how it is
resolved.
Thank you for your attention to this matter.
Sincerely,
Jan DeBlieu
Cape Hatteras Coastkeeper

RECEWEDENVIRONMENTAL
PROFESSIONALS OCT p g
PLANNING FOR October 7,2004 DIV OF CO �004
A BETTERTAL
ENVIRONMENT RALEIGH�GEMF.Nr
NC Division of Coastal Management
Tere Barrett
1638 Mail Service Center
Raleigh,NC 27699-1638
Re: Independent Property Owners of America
CAMA Major Application
OCr 1 3 2004
Dear Ms.Barrett, Morehead
City I)CM
Please find attached the revised plats and requested responses to your letter dated August 26,2004.
Please accept the following materials
In response to question:
1) Toe and Top of Primary Dune now shown on attached revised CAMA PERMIT PLAN by Albemarle
Engineering Ltd.
2) The Gazebos are now deleted from application and plat (corrected Narrative sheet attached)
3) See attached Cross Section by Albemarle and Associates Ltd.
4) See attached Alta survey by Albemarle and Associates Ltd.
5) Septic system now shown on CAMA PERMIT PLAN by Albemarle and Associates Ltd.
6) The field report is not correct in its interpretation. The parking area within the setback exists at this
time as an asphalt parking lot.This parking area will be resurfaced with asphalt.All other areas of
existing asphalt within the setback will be removed.This parking area serves the pier and pier house.
7) The term"recover"refers to resurfacing of the existing asphalt ONLY in the areas where asphalt
currently exists. (See 6)No new asphalt areas are proposed within the small and large structure
setbacks.
Other notes: The CAMA Permit Plan supplied by Albemarle and Associates to Environmental
Professionals,Inc on September 30,2004 varies slightly from the original application plat. Albemarle and
Associates Ltd.also supplied a Revised Coverage table with this revised plat and is attached to this
package.
The pool,pool deck and whirlpool layout has been revised and moved farther landward than the previous
pool location.
It is our client's hopes that these revisions will not trigger a re-commencement of the review period and a
new application as the proposed revisions bring the site into further compliance with applicable setback
rules.
P. O . BOX 3368 • KILL DEVIL HILLS , NORTH CAROLINA 27948 - 3368 • 252 - 441 - 0239
FAX : 252 - 441 - 0721 • EMAIL : environmentalpro ® earthlink . net

Please do not hesitate to call if you have any questions,
Sincerely,
Environmental Professionals,Inc.
Kendall Turnage
Attachments:
1.CAMA permit Plan by Albemarle and Associates dated
2.ALTA Survey By Albemarle and Associates Ltd.
3.Site Cross Section By:Albemarle and Associates
4.Revised Narrative for project
5.Coverage Table by Albemarle Engineering Ltd.
6.Revised NCDCM MP-1 Application Form
7.Revised NCDCM MP-3 Application Form
cc: Albemarle and Associates Ltd.
Independent Property Owners of America,L.L.C.

11i19/2004 13:26 FAX [phone] TOWN OF KITTY HARK 002
ENVIIUNMENTAL -
Cft WSSIUNALS
INC. -
PLANNING FOR
A GETTER
ENVIRONMENT September:Z8,2004
Town of Kitty Hawk
Attn: Mr.(Jary McGee,Town Manager
P.O.Box 549
Kitty Hawk,NC 27949
Dear P4r,McGee,
This letter:.s with reference to the Independent Property Owners of America,UC and the proposed repair
of the buW-jead at the Kitty Hawk Fishing Pier- We have obtained from Webster Building Corporation an
estimate of the value of the oceanfront bulkhead as depreciated. The depreciated value of the 506 lineal
feet is$56,925-00_ You will also find attached an Estimate of Services to repair the bulkhead by
Emanuelsoo and Dad,Inc.which will involve the removal of old pilings,replacement with new pilings,
sheathing,,and replacement of walers,tieback rods,and deadmen for 100 linear feet of the bulkhead. The
estimated cost of this repair is$14,695.00. This will result in a repair of approximately 25%of the
depreciated value of the bulkhead_ Enclosed are the Application for Determination of Substantial Damage,
Contractor Affidavit,Estimated Cost of Reconstruction,and Property Owner Affidavit,
I would appprcciate your confirmation that this proposed repair will qualify for the exemption provisions
under the Coastal Area Management Act and as contained in the Administrative Code NCAC.07k We
appreciate your expeditious consideration of this information and confirmation and coordination with the
Town of Kitty Hawk so these repairs may be made this winter.
Sincerely,
Environmental Professionals,Inc. 2�
50
(o
r
o"e ood, EP,PWS f
GHW:kac
Attachments: a/s
File.- McGee9-284)4Jtr
cc: TPOA
Webster Building Corporation
Emanuelson&Dad,Inc-
25 -
P, O . BOX 3368 KILL DEVIL HILLS , NORTH e v
NORTHCAROLINA 279 eart k . net
68 2 441 -0239
FAX: [phone]

AWA
NCDENR
North Carolina Department of Environment and Natural Resources
Division of Coastal Management
Michael F. Easley, Governor Charles S. Jones, Director William G. /Ross JA,Secretary
August 26,2004 "
CERTIFIED MAIL OD
RETURN RECEIPT REQUESTED
Independent Property Owner's of America
C/o Mr.Kendall Turnage
1206 Laskin Road North,Suite 201-V
Virginia Beach,VA. 23451
Dear Mr.Turnage:
This letter is in response to your application request under the Coastal Area Management Act(CAMA)for
development activities on your property located adjacent to the Atlantic Ocean in Kitty Hawk, North Carolina.
Processing of the permit application, which was received by the Division of Coastal Management's Elizabeth City
office on July 13, 2004, is ongoing. However, it has been determined that additional information will be required
prior to the Division taking final action on your application. These items are summarized below:
1) There is no delineation of a Primary Dune shown on the working plats of this proposal. And yet it is noted
in the field report that a Primary Dune exists on the property. Please show this feature on your plats.
2) There are two gazebos proposed which do not appear on the plats. Please define these proposed structures.
3) It is required by law that a profile view of each proposal is submitted with the application package. We
have no profile or cross section plats of this proposal.
4) No"Existing Site Conditions"plat was submitted with this proposal,a requirement for application review.
5) A septic treatment system is proposed and is not reflected on the plats.
6) The parking area within the Ocean Hazard setback area shows on the plat as consisting of asphalt. The
field report indicates that this will be constructed of ABC Stone in order to meet setback exceptions.
7) You indicate in the application that you intend to "recover" the existing asphalt. Please explain your
procedures for this activity.
You will be given five working days from the date of this letter. If you provide the copy of the above
information within this timeframe, DCM staff will resume processing the application and the processing clock will
not be suspended. If the requested information is not received in this office during the requested timeframe,
processing of the application will be suspended until such time as the requested information is provided to this
office. As required by T15A:07J.0204(d), during the pendency of any termination of processing, the permit
processing period will not run. Upon resolution of the above listed items,the Division of Coastal Management will
resume processing of the application at the point where it was terminated.
If you have any questions concerning these matters, please feel free to contact me by telephone (252 808-
2808),or e-mail([e-mail]).
Sincerely,
Tere B frett
Assistant Permits&Consistency Coordinator
cc: Environmental Professionals,Inc.
PO Box 3368
Kill Devil Hills,NC 27948
1638 Mail Service Center, Raleigh, North Carolina 27699-1638
Phone: [phone] FAX: [phone] Internet: http://dcm2.enr.state.nc.us
An Equal Opportunity 1 Affirmative Action Employer—50%Recycled 110%Post Consumer Paper

�OF W ATFRQ Michael F.Easley,Governor
William G.Ross Jr.,Secretary
rNorth Carolina Department of Environment and Natural Resources
� y
Alan W.Klimek,P.E.Director
Division of Water Quality
August 17, 2004
DWQ Project#04-1168
iE C E I V E D Dare County
Independent Property Owners of America,LLC AUG 2 4 2004
C/o Mr. Kendall Turnage
1206 Laskin Road North, Suite 201-V >iq,OF COASTAL MANAGEMENT
Virginia Beach,VA,23451 RALEIGH
Subject Property: 5353 North Virginia Dare Trail in Kitty Hawk,NC
Approval of 401 Water Quality Certification(GC3351)with Additional Conditions
Dear Mr. Tumage:
You have our approval, in accordance with the attached conditions,to construct a hotel with associated
infrastructure including stormwater catch basins as described'in your application received by the Division
of Water Quality (DWQ)Wetlands/401 Unit on July 20, 2004.`,After reviewing your application, we have
determined that the Division of Water Quality (DWQ)General Water Quality Certification Number 3351
covers these water impacts. This Certification allows you to General Permit No. 198000291 when issued
by the US Army Corps of Engineers (USACE). In addition,you should get or otherwise comply with any
other federal, state and local requirements before you go ahead with your project including(but not
limited to)erosion and sediment control regulations and LAMA. Also,this approval to proceed with
your proposed impacts or to conduct impacts to waters as depicted in your application shall expire
upon expiration of the 404 or CAMA Permit.
This approval is 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. If total fills for this project(now or in the future)exceed one acre of
wetland or 150 linear feet of stream,compensatory mitigation may be required as described in 15A
NCAC 2H.0506(h). This approval requires you to follow the conditions listed in the attached
certification and any additional conditions listed below.
The Additional Conditions of the Certification are:
1. Impacts Approved
The following impacts are hereby approved as long as all of the other specific and general
conditions of this Certification(or Isolated Wetland Permit) are met. No other impacts are
approved including incidental impacts:
Amount Approved Plan Location or Reference
(Units)
Stream N/A (feet)
404/LAMA Wetlands N/A (acres)
No e hCarolina
401 Wetlands Certification Unit Natumlly
1650 Mail Service Center,Raleigh,North Carolina 27699-1650
2321 Crabtree Boulevard,Suite 250,Raleigh,North Carolina 27604
Phone: [phone]/FAX [phone]/Internet:htto://h2o.enr.state.nc.us/ncwetlands
An Equal Opportunity/Affirmative Action Employer—50%Recycled/10%Post Consumer Paper

Mr. Kendall Turnage
Page 2 of 2
August 17,2004
Waters N/A (acres)
Buffers N/A (s uare ft.)
2. Certificate of Completion
Upon completion of all work approved within the 401 Water Quality Certification or applicable
Buffer Rules, and any subsequent modifications, the applicant is required to return the attached
certificate of completion to the 401/Wetlands Unit,North Carolina Division of Water Quality,
1650 Mail Service Center,Raleigh,NC, 27699-1650.
3. Water Quality Certification
The proposed project must comply with all of the conditions of General Water Quality
Certification (GC)3351.
Violations of any condition herein set forth may result in revocation of this Certification and may result in
criminal and/or civil penalties. The authorization to proceed with your proposed impacts or to conduct
impacts to waters as depicted in your application and as authorized by this Certification, shall expire upon
expiration of the 404 or CAMA Permit.
If you do not accept any of the conditions of this Certification'(associated with the approved water
impacts), you may ask for an adjudicatory hearing. You must act within 60 days of the date that you
receive this letter. To ask for a hearing, send a written petition, which conforms to Chapter 150B of the
North Carolina General Statutes to the Office of Administrative Hearings, 6714 Mail Service Center,
Raleigh,N.C. 27699-6714. This certification and its conditions are final and binding unless you ask for a
hearing.
This letter completes the review of the Division of Water Quality under Section 401 of the Clean Water
Act. If you have any questions,please telephone Cyndi Karoly in the Central Office in Raleigh at 919-
733-9721 or Tom Steffens in the DWQ Washington Regional Office at 252-946-6481.
Sincerely,
1
Alan W. Klimek,P.E.
AWK/cbk
Enclosures: GC 3351
Certification of Completion
cc: Kendall Turnage, P.O. Box 3368,Kill Devil Hills,NC, 27948
Doug Huggett,DCM
USACE Washington Regulatory Field Office
DWQ Washington Regional Office
File Copy
Central Files
Filename: 041168Independent(Dare)401

A�
NCDENR
North Carolina Department of Environment and Natural Resources
Division of Coastal Management
Michael F. Easley,Governor Charles S. Jones, Director William G. Ross Jr.,Secretary
MEMORANDUM
TO: Doug Huggett, DCM Major Permit Coordinator f ✓ i '!
FROM: Charlan Owens AICP, NE DCM District Planner AUG 1 6 2004
Through: Ted Sampson, NE DCM District Manager Morehead City ®CM
SUBJECT: Major Permit Request by Independent Property Owners of America LLC to
construct a five-story/180 unit hotel with associated parking area, courtyard,
swimming pool, septic system, utilities, and beach access structures on a 7.19
acre site that includes the Kitty Hawk Pier, located at 5353 North Virginia Dare
Trail, Town of Kitty Hawk, Dare County.
DATE: August 11, 2004
Consistency Determination: The request is consistent with/not in conflict with the Town of
Kitty Hawk 1994 Land Use Plan (LUP) certified by the CRC on
July 28, 1995.
Overview: Existing structures on the property include an access road, parking lot, fishing pier,
pier house, abandoned retail store, and oceanfront bulkhead. Existing lot coverage is 63,669
square feet, or 16.5% of the total site west of the first line of stable natural vegetation (FLSNV).
Approximately 10,668 square feet of lot coverage is located within the required 120-foot large
structure setback. An existing 360 ft wooden bulkhead is located approximately 30-35 feet west
of the mean high water line extending the entire length of the project site. A 315 foot retaining
wall is located parallel to the bulkhead south of the fishing pier, approximately 110 feet west of
the mean high water line. Existing improvements will remain. A primary dune is present at the
site north of the fishing pier. American Beach Grass and Sea Oats vegetation are located on
the property.
The property abuts the Town of Southern Shores to the north. Site plans submitted in 1998 and
2000 included parking and/or disturbed area within Southern Shores. The current plan shows no
improvements or disturbance within Southern Shores, therefore a consistency relative to the
Southern Shores LUP is not required.
The five-story/180 unit hotel and new parking will be constructed landward of the 120 foot large
structure setback. The first floor elevation of the hotel is approximately 10 feet above mean
high water. The swimming pool, deck, two gazebos, geoweb fire lanes, ocean access walkway,
and parking area will result in 78,063 additional square feet of lot coverage, with 11,808 square
feet of coverage located within the 120-foot setback.
The site lies within the Ocean Hazard Area of Environmental Concern (AEC). This area
experiences an erosion rate of two feet per year. The large structure setback is 120 feet within
1367 U.S. 17 South, Elizabeth City, North Carolina 27909
Phone: [phone] \ FAX: [phone]\ Internet: www.nccoastalmanagement.net
An Equal Opportunity\Affirmative Action Employer—50%Recycled\10%Post Consumer Paper

North Carolina Department of Environment and Natural Resources MEMORANDUM
Division of Coastal Management Page 2 of 2
an AEC of 155 feet as measured from the FLSNV. There are no known archaeological sites or
geologic formations associated with the site.
Anticipated impacts resulting from this project are expected to include: the disturbance of 7.12
acres of upland area.
Basis for Determination:
The site is designated as "Developed Beach" on the Town of Kitty Hawk Land Classification
Map. The site is located within an Area of Environmental Concern (AEC). Additional text
discussion on page 80 recognizes that all areas within AECs also qualify for the "Conservation"
classification. The following are LUP policies that may be applicable to this request.
Septic Tank Use: Policy, page 35.
"The Town supports the proper installation of septic tank systems and the strict
application of State septic tank installation and use standards by the Dare County
Health Department as it approves and monitors such installations."
Areas of Environmental Concern:
Policy, page 37.
"The Town supports the guidelines of the Coastal Area Management Act and the
associated policies of the Coastal Resource Commission but reserves the right to
review and oppose sections of the CAMA or its implementation that may be deemed
contrary to the Town's land use policies and development preferences."
Redevelopment of Developed Areas:
.Policy, page 48.
"The Town supports redevelopment of developed areas only after the review of any
redevelopment plans for consistency with the Town's land use plan and
development regulations."
cc: John Thayer, Manager, CAMA Local Planning and Access Programs
2004
Morehead Qty ®CM
1367 U.S. 17 South, Elizabeth City, North Carolina 27909
Phone: [phone] \FAX: [phone]\ Internet: www.nccoastalmanagement.net
An Equal Opportunity\Affirmative Action Employer—50%Recycled\10%Post Consumer Paper

RECEIVED
�i AUG 0 5 200 4
NCDENR UIV.OF COASTAL MWGEMENT
North Carolina Department of Environment and Natural Resources RALEIGH
Division of Coastal Management
Michael F. Easley, Governor Charles S. Jones, Director William G. Ross Jr.,Secretary
July 16, 2004
j A2 ` , t�
MEMORANDUM:
SHFLL"N"NITATInN '� d
TO: Patty Fowler l
NC DENR - Div. Of Environmental Health
FROM: Doug Huggett SHEI I.FISH SANITATION
Major Permits Processing Coordinator
SUBJECT: CAMA/DREDGE & FILL Permit Application Review
Applicant: Independent Property Owners of America, LLC
Project Location: 5353 North Virginia Dare Trail, Kitty Hawk
Proposed Project: Construction of hotel, courtyard, swimming pool, and other structures
Please indicate below your agency's position or viewpoint on the proposed project and return this
form by August 6, 2004. If you have any questions regarding the proposed project, please contact
Tony Zaharias at(252)264-3901. 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 �i' //X �� �� tt " �o:�) DATE
1367 U.S. 17 South,Elizabeth City,North Carolina 27909
Phone: [phone] FAX: [phone] Internet: www.nccoastalmanagement.net
An Equal Opportunity 1 Affirmative Action Employer—30%Recycled by Fiber Weight

A�
NCDENR
North Carolina Department of Environment and Natural Resources
Division of Coastal Management
Michael F. Easley,Governor Charles S. Jones, Director William G.Ross Jr.,Secretary
July 16, 2004
MEMORANDUM: RECEIVED
JUL 2 3 2004
TO: Mr. William A. McNeil, Director
Division of Community Assistance pIV.OF COAS RALEIGH
FROM: Doug Huggett
Major Permits Processing Coordinator
SUBJECT: CAMA/DREDGE & FILL Permit Application Review
Applicant: Independent Property Owners of America, LLC
Project Location: 5353 North Virginia Dare Trail, Kitty Hawk
Proposed Project: Construction of hotel, courtyard, swimming pool, and other structures
Please indicate below your agency's position or viewpoint on the proposed project and return this
form by August 6, 2004. If you have any questions regarding the proposed project, please contact
Tony Zaharias at(252)264-3901. When appropriate, in-depth comments with supporting data are
requested.
REPLY: This agency has no objection to the project as proposed.
L­-�Thi s 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 7 — _v
1367 U.S. 17 South, Elizabeth City,North Carolina 27909
Phone: [phone] FAX: [phone] Internet: www.nccoastalmanagement.net
An Equal Opportunity 1 Affirmative Action Employer—30%Recycled by Fiber Weight

ria
NCDENR
North Carolina Department of Environment and Natural Resources
Division of Coastal Management
Michael F. Easley, Governor Charles S. Jones, Director William G. Ross Jr.,Secretary
July 16, 2004
MEMORANDUM: RECEIVED
TO: Mr. Jim Simons, Director AUG 0 3 2004
Division of Land Resources
DIV.OF COASTAL MANAGEMENT
FROM: Doug Huggett RALEIGH
Major Permits Processing Coordinator
SUBJECT: CAMA/DREDGE & FILL Permit Application Review
Applicant: Independent Property Owners of America, LLC
Project Location: 5353 North Virginia Dare Trail, Kitty Hawk
Proposed Project: Construction of hotel, courtyard, swimming pool, and other structures
Please indicate below your agency's position or viewpoint on the proposed project and return this
form by August 6, 2004. If you have any questions regarding the proposed project, please contact
Tony Zaharias at(252)264-3901. 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 r ended h nges ar
incorporated. See attached 11�r ,o¢ `t
This agency objects to the project for reasons described in the attached
comments.
c
SIGNED DATE
1367 U.S. 17 South,Elizabeth City, North Carolina 27909
Phone: [phone] FAX: [phone] Internet: www.nccoastalmanagement.net
An Equal Opportunity 1 Affirmative Action Employer-30%Recycled by Fiber Weight

RECEIVED
JUL 3 0 2004
N C D EN R DIV.of coASTAL MANAGEMENT
North Carolina Department of Environment and Natural Resources RALEIGH
Division of Coastal Management
Michael F. Easley, Governor Charles S. Jones, Director William G. Ross Jr.,Secretary
July 16, 2004
MEMORANDUM: J U L 1 9 2004 '
TO: Joe Henderson
NC Department of Administration DOA STATE PROPERTY
FROM: Doug Huggett
Major Permits Processing Coordinator
SUBJECT: CAMA/DREDGE & FILL Permit Application Review
Applicant: Independent Property Owners of America, LLC
Project Location: 5353 North Virginia Dare Trail, Kitty Hawk
Proposed Project: Construction of hotel, courtyard, swimming pool, and other structures
Please indicate below your agency's position or viewpoint on the proposed project and return this
form by August 6, 2004. If you have any questions regarding the proposed project, please contact
Tony Zaharias at(252)264-3901. 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.
,, 11
SIGNED W WDATE
1367 U.S. 17 South, Elizabeth City, North Carolina 27909
Phone: [phone] FAX: [phone] Internet: www.nccoastalmanagement.net
An Equal Opportunity 1 Affirmative Action Employer—30%Recycled by Fiber Weight

A7,1'a
FqCDENR
North Carolina Department of Environment and Natural Resources
Division of Coastal Management
Michael F. Easley, Governor Charles S. Jones, Director William G. Ross Jr.,Secretary
6ti^CcZ
A-�ff-2x,
July 16, 2004 $ °
A(16 1 6 2004
MEMORANDUM
TO: Charlan Owens, District Planner Morehead City ®G,
M
Division of Coastal Management
FROM: Doug Huggett
Major Permits Processing Coordinator
SUBJECT: CAMA/DREDGE & FILL Permit Application Review
Applicant: Independent Property Owners of America, LLC
Project Location: 5353 North Virginia Dare Trail, Kitty Hawk
Proposed Project: Construction of hotel, courtyard, swimming pool, and other structures
Please indicate below your agency's position or viewpoint on the proposed project and return this
form by August 6, 2004. If you have any questions regarding the proposed project, please contact
Tony Zaharias at(252)264-3901. 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.
SIGNEI DATE I?- l l—oC�
`f
1367 U.S. 17 South, Elizabeth City,North Carolina 27909
Phone: [phone] FAX: [phone] Internet: www.nccoastalmanagement.net
An Equal Opportunity 1 Affirmative Action Employer—30%Recycled by Fiber Weight

.Aria
NCDENR
North Carolina Department of Environment and Natural Resources
Division of Coastal Management
Michael F. Easley, Governor Charles S. Jones, Director William G.Ross Jr.,Secretary
July 16, 2004
MEMORANDUM: D
TO: Mr. Preston P. Pate, Jr., Director
Division of Marine Fisheries LfJUI�ILL 2 1 200 4 t
FROM: Doug Huggett DMF-HABITAT
Major Permits Processing Coordinator
SUBJECT: CAMA/DREDGE & FILL Permit Application Review
Applicant: Independent Property Owners of America, LLC
Project Location: 5353 North Virginia Dare Trail, Kitty Hawk, d et r Q Cry,­_t_t
Proposed Project: Construction of hotel, courtyard, swimming pool, and other structures
Please indicate below your agency's position or viewpoint on the proposed project and return this
form by August 6, 2004. If you have any questions regarding the proposed project, please contact
Tony Zaharias at(252) 264-3901. 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 U.S. 17 South,Elizabeth City,North Carolina 27909
Phone: [phone] FAX: [phone] Internet: www.nccoastalmanagement.net
An Equal Opportunity 1 Affirmative Action Employer—30%Recycled by Fiber Weight

NCDENR
North Carolina Department of Environment and Natural Resources
Division of Coastal Management
Michael F. Easley, Governor Charles S. Jones, Director William G. Ross Jr., Secretary
July 16, 2004
D
MEMORANDUM:
JUL 292W4
TO: Ken Pace
NC DOT, State Construction/Materials Branch DISTRICT 1OFFICE
FROM: Doug Huggett
Major Permits Processing Coordinator
SUBJECT: CAMA/DREDGE & FILL Permit Application Review
Applicant: Independent Property Owners of America, LLC
Project Location: 5353 North Virginia Dare Trail, Kitty Hawk
Proposed Project: Construction of hotel, courtyard, swimming pool, and other structures
Please indicate below your agency's position or viewpoint on the proposed project and return this
form by August 6, 2004. If you have any questions regarding the proposed project, please contact
Tony Zaharias at(252)264-3901. 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 ffIZ-,,�4
-71
1367 U.S. 17 South,Elizabeth City,North Carolina 27909
Phone: [phone] FAX: [phone] Internet: www.nccoastalmanagement.net
An Equal Opportunity 1 Affirmative Action Employer—30%Recycled by Fiber Weight

02/18/2004 17: 38 2524410965 ALBEMARLE PAGE 02
WA 1'F Mk- l F.Ensley,Governor
WUUw G.Ross Jr.,Soorstory
North Carolina Department of Environment and Natural Resources
.O G Alan W.Klimek, P,E.Director
rCowen Sullins,Deputy Director
d8vislars of Water Qwdlty
• C3 'C
DIVISION OF WATER QUALITY
February 11,2004
Ma, Nicole Hudson,Vice President MAY 7i1r �
L t-
Independent Property Operators of America, LLC
1208 Laskin Road North Suite 201-V COASTAL NANAGEMENT
Vlrginis Beach,VA 23451 ELI7_ABETH C►TV
Subject: Permit No. SW7040111
The Hiltcr i at Kitty Hawk
High Density Stormwater Project
Dare County
Dear Me. Hudson:
The Washington Regional Office received a completed Stormwater Application for the subject project on January 28,
2004, Staff review of the plans and specttications has determined that the project, as proposed, wig comply with the
Stwmwater Regulations set forth in Title 15A NCAC 2H.1000. We are forwarding Permit No, SW7040111 dated February 11,
2004 to Independent Property Operators of America, LLC for the const action and operation of an Infiltration basin to serves
The Hilton at Kitty Hawk, NC.
This permit shall be effective from the date of issuance until February 11, 2014 and shall be sub*—t to the conditions
and limitations as specified therein. Please pay special attention to the Operation and Maintenance requirements in this
permit Failure to establish an adequate system for operation and maintenance of the stormwater management system will
result in future compliance problems.
If any parts, requirements, or limitations contained In this permit are unacceptable, you have the right to request an
adjudicatory hearing upon written request within thirty (30) days following receipt of this permit This request must be in the
form of a written petition, conforming to Chapter 150B of the North Carolina General Statutes, and flied with the Office of
Administrative Hearsngs, 8714 Mail Service Center, Raleigh, NC 27699-8714, Unless such demands are made this permit
shall be final and binding.
If you have any questions, or need additional infonmation concerning this matter, please contact Roger Thorpe at
(252)946-Wi,extension 214.
Sincerely,
� "'E I
h4im Mrulligan :APR 0 d 2004
Water Quality Regional Supervisor
Washington Regional Office ',OASTAL t,ANAGEMENT
ELIZABETH CITY
cc: Albemarle Engineering
Dare County InspecWris
Washington Regional Office
Central Files
Washirtg on Regkxul Office U3 Washington Square Wall,Wasmngton NC 2788E 252.M$.W1(t*Whone),U2,945.8216(rex)

02,E 18r''2004 17:'38 2524410965 ALBEMARLE PAGE 03
State Stormwater Management Systems
Parm t.Pao. 1�
i �
STATE OF NORTH CAROUKA IVEp
DEPAR MIE NT OF ENVIRONMENT AND NATURAL RESOURCES MAY `� � 2004
DIWSI tom'WATER 4' UALrF
+.U.Ab;A;-,r-',NAGEME 1 G14.'ABETH CITY
STATE STORNI'yAlg � gN NT fa' MiT
HIGH DENSITY DEY'ELOPIME IT
in w;r.cx nce with the. provisions of Ar06e 21 of Chapter 143, Gonarrai Statutes of North Carolina as amended, and other
ppok,able L wis, Wee, and Regulations RECEwPERMISSION IS HEREBY GRANTED TO
E ��
lndepen(*M Proper Operation of Ame a, LLC APR 20104
0,0ASTAL iVANAGE1WEKn
Dwe County ELIZABETH 03ITY
FOR THE
construction,operation and maintenance of storrnwater managemeM systoms in compllanoe with the provisions of 15,A NCAG
2H.1000(hereafter referred to as the "st-rrvrwaaterfztlesI and the approved stormwater management plans and specifications
and other supporting data as attaclwd and on file with and approved by the Division of Water Quality and considered a part of
(bis permit for an filtration basin to serve The Hi4ton at Kitty Hawk, NC.
This permit shall be effective from the date of issuance until February 11, 2014 and shall be subject to the fallowing specified
conditions and limitations:
I< DESIGN STANDARDS
1. This permR Is effective only with respect to that nature and -oolurne of storrnwrater described in the application and
other supporting data.
2. This stormwater system has been approved for ttA management of stormwater runoff as described on page 2 of this
permit, tho Project Data Sheet.
3. Appnwed plans and specifications for alas project an incorpanated by referar= and are efforceabie parts of the
p�rrrnEt.

02/18/2004 17: 38 2524410965 ALBEMARLE PAGE 04
4, No ho`snieowr*rtiot owner/developer shall be allowed to fill in, after, or pipe any vea rotative pram Cft (such as swales)
shaven on Ole a oYW plans as part of the stor+mwatew, managwreent system without !;ubrniWng a revision to flee
peermit and receiving approval fr m ttr4 Division.
5, The folsvoing itms will require a modffla t'a try the! pearmlt:
a. My r+evWw to the approved plans, repardiesa of size
b. Prcajeot name change
c. Transfer of ownership
d, RedasVr or addition to the approved arnount of taunt-upon area
e. Futlw subdivision of tt►e project yea.
In addition, the©irw-tur may determine that other revisions to the project s-+oukd mquine a mod Lion-tto Stye pemit,
The Dirwtor may r%My the parmitteae when " pc+rmttvj site does not maset one or more of ft minimum,,
requirements of the permit, Withln the time frame upeclftwad in the nctice, tip perrnittee tahatl submit a wr ftn fume
schadule to the Dire"for.modifying the site to meet minimum requirements. The permMse shall provide comes of
r-vised plans and eeAftaotion in writing to the Director chart the chanps have been made.
Slo SCHEDULE OF COMPLIANCE
t. The pervrrittee will comply with tyre following schedule hx c*nstruction and rnaiinte► nces of tree stormwrater
marnaWnent system.
a_ The sturmwater management system shall be c orwbuc erd in Its entirety, yagetaled and operational for U
intended use prior to the r orutruchon of any built-upon surfaces except roads.
b. During construction, erosion shall be kept to a minimum and any eroded areas of the system will be r+epar;eed
immediately.
2. The fsGiM"must be properly maintained and operated at all tines. The aipprovod OperaWn and Malntenwice Dian
must be followed in its entirety and mainter+anoe must occur at the scheduled intervals,
3. The permittee shall at all times provide the operation and maintenance r�eressaarry to assure the permlited storriwaa er
system functions at optimum att5cierr-7 inG ing, but not limited to:
a. Semiannual scheduled inspections(veery 6 months)
b. Sediment removal
C. Mowing and reveygetatkon of side slopes
d. immediate repair of eroded areas
a. Maintenance of sloe,slopes In axorrdarera with approved plans and spactfications
f. Debno remove)and urtickogging of outlet structm,cotifioe device and catch basins and piping.
4• Records of matnteriance activities must be keo and made available upon request to authorized personnel of DV4Q,
The retards will im1k;ato the dates, activity, name of pwnwxe pariv ming the work and what action€were tale.
3. This permit abseil bec*mer voidable unless they facilitie>a are constn.rcted in aeccordanv,* wr~th to ounditlons of this
permit„ flier appmwed plane and apecftations,and other supporting Via.
6, Upon completion of construction and pdor to operation of this permitted facility, a ow"OficctatiGan must be received fran
an appropriate, designer for the system Installed cartifying that the peennitted facility has been instalW in =-;ordance
with this permit, the approved plans atx3 specifications, and other supporting documentgWn. Mail the Ce di o-ation to
the Washington Regional Office, 243 Washington Square Mail, Washington, North Carolina, 27889, attention Division
of Water Duality
7. R copy of the approved plans and specifications shall be maintarrad on file by the Parrnittee for a minlmurn of floe
years from"date of the=npietion of caistrt.+<;tivn.

02;18/2004 17: 38 2524410365 ALBEMARLE WAGE 05
DIO/ISION OF WATER,QUAUTY
PROJECT DATA MAY N 5 2004
COASTAL A0ANAGE r
;FUZA✓3ETFJ CIT.)/icNT'
,oy �Larne: The Hilton at Kitty Hawk
Pa"A Numiaa+': SV7040111
Lombon: Darn County
A Aicant: indepandent Property Operators of America, LLC
Mall g Address: 1206 Laskin Road North Suite 201 V
Virginle Beach,VA 23451
/xiicabon Date: 1/2W.004
Recemrtg Stream: Atlantic Ocean
Clasaffication of Water Body: SS
Total Site Area: 7.1780
Total Impervious: 3,25 ac
infiltration Basin Ds th: 2,5 feet
Required Storage Voiurne 11,945 cf
Provided Storage Volume:: 29,212 cf
Overflow Elevation : 10,0 fit

02/12/2004 17: 38 2524410965 ALBEMARLE PAGE 86
lII, GENERAL CONDITIONS
1. 'This permit Is not transferable. In the event there Is a desire for the facilities to rh" ownership, or there is a names
chrar Ve of the Pwmittee, a formal permit request must be submlbed to the Division of Water Quality accompanied by
an application fee, documentation from the part4s Involved, and other supporting matedals as may be appropriate-
The approval of i.his rawest will be considered on tts m and may or may not be approved.
2. Failure to abide by then conditions and limitations contained in this permit may subject the Permittee to enforcement
action by the Division of Water Quality, In accordance with North Carolina General Statute 143-215.E(a) to 143-
215.6(c).
3. The is.%uance of this Permit does not pwJude the Pesrmdm from compPying with any and all statutee$, rules,
regulations, or ordinances which may be Imposed by other govemment agencies (local, state, and federal) which
have.jurisdiction.
4. In the event that the facilities fail to perform satisfactorily, including the creation of nuisance conditions, the Permittee
shall take immediate corTective a(Aion, inoluding thm as may be requirsd by this Division,such as the owstruodion of
additional or replacement atxmwater management syste ens.
51 The permit may be modified, revodked and reissued or terminated for cause. The fling of a rNuest for a permit
modification, revocation and relsesuance or teaminaticn does not stay any permit condition.
Permit issued this the 11 th day of February, 2004.
MAY N 5 20p
NORTH CAROUNA ENVIRONMENTAL MANAGEMENT COMMISSION COA�'li'�L J4ANAGEML,,,..
A13fi ClTv
Aa --
AJan W. Klimek, P.E. Dirwtx
Division of Water Quality
By Authority of the Environmental Management Commission
Porrnk Number SM040111

DCM% DWQ%
Development Type FcE (14300 1601,435100093 1625 6253) f24300 1602 435100095 2341
L Privals,non-commercial 100°�:(5250) 0°io(SO)
development that does not Involve S250
the fitting or excavation of any
wetlands or open water areas: /
11. Public or commercial development v 100%(S400) 0%(SO)
that does not involve the filling or $400�
excavation of any wetlands or open
water areas:
Ill. For development that involves the
filling and/or excavation of up to 1
acre of wetlands and/or open water
areas,determine if A,S.C,or D
below applies:
lll(A). For Private,non-commercial
development,If General water Quality 5250 100%(S250) 0%(SC)
certification No.3301 (see attached)
can be applied:
III(8): For public or commercial 0%(SO)
development,if General water Quality 54"0 100%(5400)
Certification No.3301(see attached)
can be applied:
lll(C). If General Water Quality
Certification No.3301(see attached)
could be applied,but DCM staff 60%(S240) 40%(S160)
determined that additional review and 5 00
written DWQ concurrence is needed
because of concerns related to water
quality or aquatic life:
III(D), If General Water Quality 5400 60%(S240) 40%(S160)
Certification No.3301 (see attached)
can not be applied:
IV. For development that involves 40/(5190)
the filling and/or excavation of more S475 60%(S285)
than one acre of wetlands and/or
open water areas:

ENVIRONMENTAL PROFESSIONALS, INC.P.O.sox 3e 25244i-Mg 1964
IQLL DEVIL HILLS,NC 27948
Date 0 0 W19/5o NC
Pay to the 6*1,4 4701
Order of Nl n e-fvR
s �
Bankof America. Dollars 8
ACH R/T os3M,96
c
1
For -:2�j r'
AP
I:0 S 3000 196I: 00064 70 i 700 7u' 1964

NCDENR
North Carolina Department of Environment and Natural Resources
Division of Coastal Management
Michael F. Easley, Governor Charles S. Jones, Director William G. Ross Jr.,Secretary
FAX MEMORANDUM pEcENED
JUL 19 2004
TO: The Coastland Times
Manteo, NC 27954 ,1CW7S 1w"E
FROM: Yvonne Carver
Administrative Assistant
DATE: July 16, 2004
SUBJECT: Public Notice — Independent Property Owners of America
Please publish the attached Notice in the Tuesday, July 20, 2004 issue of The
Coastland Times.
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 Jay Poole, NC Division of
Coastal Management, 1638 Mail Service Center, Raleigh, NC 27699-1638.
Thank you for your assistance in this matter. If you should have any questions, please
contact me at our Elizabeth City office.
Attachment
cc: oug Huggett, Major Permits Coordinator, DCM
File
1367 U.S. 17 South, Elizabeth City, North Carolina 27909
Phone: [phone] FAX: [phone] Internet: www.nccoastalmanagement.net
An Equal Opportunity 1 Affirmative Action Employer—30%Recycled by Fiber Weight

NOTICE OF FILING OF
APPLICATION FOR CAMA MAJOR
DEVELOPMENT PERMIT
The Department of Environment and Natural Resources hereby gives public notice
as required by NCGS 113A-119(b)that application for a development permit in an Area of
Environmental concern as designated under the CAMA was received on July 13, 2004.
According to said application, Independent Property Owners of America propose to
construct a hotel, courtyard, swimming pool, and other related structures at 5353 North
Virginia Dare Trail in Kitty Hawk, NC.
A copy of the entire application may be examined or copied at the office of Tony
Zaharias, Field Representative of the Division of Coastal Management, located at 1367 US
17 South, Elizabeth City, NC, 252-264-3901 during normal business hours.
Comments mailed to Charles S. Jones, Director, Division of Coastal Management,
1638 Mail Service Center, Raleigh, NC 27699, prior to August 9, 2004, will be considered
in making the permit decision. Later comments will be accepted and considered up to the
time of permit decision. Project modification may occur based on review and comment by
the public and state and federal agencies. Notice of the permit decision in this matter will
be provided upon written request.
PLEASE PUBLISH ON: Tuesday, July 20, 2004

FqCDENR
North Carolina Department of Environment and Natural Resources
Division of Coastal Management
Michael F. Easley, Governor Charles S. Jones, Director William G. Ross Jr., secretary
July 16, 2004 RECENED
JUL 1 9 2004
Mr. Kendall Turnage pry UC041L ANAGWW
Environmental Professionals, Inc. 41EW
P.O. Box 3368
Kill Devil Hills, NC 27948
Dear Kendall:
The Division of Coastal Management hereby acknowledges receipt of the application for
Independent Property Owners of America submitted for State approval for development of
property located at 5353 North Virginia Dare Trail, Kitty Hawk, Dare County. It was received
complete on July 13, 2004, and appears to be adequate for processing at this time. The
projected deadline for making a decision is September 26, 2004. When such time is
necessary to complete the review, an additional 75-day review period is provided by law. If
you have not been notified of a final action by the initial deadline stated above, you should
consider the review period extended. Under those circumstances, this letter will serve as your
notice of an extended review. However, an additional letter will be provided on or about the
75th day.
If this agency does not render a permit decision within 70 days from the date received, you
may request a meeting with the Director of Division of Coastal Management (DCM) and permit
staff to discuss the status of your project. Such a meeting will be held within five working days
from the receipt of your written request and shall include the property owner, developer, and
project designer/consultant.
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 your 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 your property; or at a point along the road right-of-way where a private road would
lead one into your property. Failure to post this notice could result in an incomplete
application.
1367 U.S. 17 South, Elizabeth City, North Carolina 27909
Phone: [phone] FAX: [phone] Internet: www,nccoastalmanagement.net
An Equal Opportunity 1 Affirmative Action Employer—30%Recycled by Fiber Weight

Kendall Turnage
IPOA Acknowledgement
July 16, 2004
Page 2
An onsite inspection will be made, and if additional information is required, you will be
contacted by the appropriate State or Federal agency. Please contact me if you have any
questions, and notify me in writing if you wish to receive a copy of my field report and/or
comments from reviewing agencies.
Sincerely,
Tony Zaharias
L Coastal Management Representative
TZ/ybc
Enclosure
cc: " boug Huggett, Major Permits Coordinator, DCM, Raleigh, NC
Ted Sampson, District Manager, DCM, Elizabeth City, NC
IPOA, Virginia Beach, VA

� i 1
No 11 (111$0 1
ON, AMA MIT
APPLIED FC3R
PROJECT: 3,/J S' 7T/t' c c S—S T`b 9 7 f4 z2� TEL /( o
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f�C eg c c 6-3-5- s R T k K ES , 'T-w 3 G ✓-F Z_.S Aii D
7-6 R 44 w A T-C-K B A-S/,/V.S
COMMENTS ACCEPTED THROUGH A (-k-G cts 7— 9 oz
APPLICANT: FOR MORE DETAILS CONTACT
THE LOCAL PERMIT OFFICER BELOW:
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75 - VZE _

ENVIRONMENTAL
PROFESSIONALS INCH--- p A h 6,2004 CERTIFIED MAIL
PLANNING FOR RETURN RECEIPT REQEUSTED
A BETTER
ENVIRONMENT
Elmer W.Raper and Joan M.Raper RECEIVED
733 Masterpiece Dr. A'1 1
Sun City F133573
MAY 2 5 200a
Re: LAMA permit,riparian owner notification 'I Ai. tA,1;NAGEMENT
i.IZ.�`.�t Tt!CITY
To Whom It May Concern:
This correspondence is to notify you as a riparian property owner,that the Independent Property Owners of
America plan to construct a hotel,pool,parking and amenities adjacent to your property. The sketch and
application are included for your review.
If you have no objection to the proposed activity,please mark the appropriate statement below and return to
Environmental Professionals,Inc as soon as possible. If no comments are received within thirty(30)days
of receipt of this notice, it will be considered that you have no objections to this project.
If you have objections or comments,please mark the appropriate statement below and send comments to
within thirty(30)days to Mr.Ted Sampson,North Carolina Division of Coastal Management, 1367 U.S
Hwy 17 South,Elizabeth City,NC 27909.
If you have questions about the project,please do not hesitate to call me at 252-441-0239 or the NC
Division of Coastal Management.
Sincerely,
RECEIVED
Kendall Turnage
APR 0 8 23�4
• COASTAL MANAGEMENT
t` ;d in this correspondence. ELIZAHETH CITY
m n this correspondence.
m ,a ,
A -
Er >
Postage $
O
t3 cerUfled Fee "
a DATE
Q�
O Return Reclept Fee
(Endorsement Required) --
� Restricted Delivery e' Here
veryFee ',�• r•� 5'r'
(Endorsement Required)
l-3
Total Postage&Fees Qi
m
= Sent o
�Apt;vo:; Elmer W. &Joan M. Raper
s
or PO Box tvo. 733 Masterpiece Drive
cirysiaie,"ziP+ Sun City, FL 33573 IRTH CAROLINA 27948 - 3368 • 252 -441 - 0239
Mt environmentalpro@earthlink . net

ENVIRONMENTAL
PROFESSIONALS
,elNCr--
PLANNING FOR April 6,2004 CERTIFIED MAIL,
A BETTER RETURN RECEIPT REQEUSTED
ENVIRONMENT
Jernigan Enterprise, Construction and Development Inc. RECOJED
PO Box 95
Grandy,NC 27939 MAY 2 5 2"A�
,,OASTAL MANAGEMENT
Re: (:AMA permit,riparian owner notification ELIZABETH CITY
To Whom It May Concern:
This correspondence is to notify you as a riparian property owner,that the Independent Property Owners of
America plan to construct a hotel,pool,parking and amenities adjacent to your property. The sketch and
application are included for your review.
If you have no objection to the proposed activity,please mark the appropriate statement below and return to
Environmental Professionals,Inc as soon as possible. If no comments are received within thirty(30) days
of receipt of this notice, it will be considered that you have no objections to this project.
If you have objections or comments,please mark the appropriate statement below and send comments to
within thirty(30)days to Mr. Ted Sampson,North Carolina Division of Coastal Management, 1367 U.S
Hwy 17 South,Elizabeth City,NC 27909.
If you have questions about the project,please do not hesitate to call me at 252-441-0239 or the NC
Division of Coastal Management.
Sincerely,
Kendall Turnage
RECEWEO
o APR 0
o CERTIFIED MAIL,,, RECEIPT
m (Domestic • provided) bed in this correspondence. COASTAL�gNAGEMENI'
BLIZABE7•H CITY
o I in this correspondence.m -_ x
Fbstage $ ��
M Certified Fee .✓ V
p Return Reciept Fee
(Endorsement Required) f (' { 1 DATE
Restricted Delivery Fee
(Endorsement Required) !
a ?cio.1 ,
Total Postage&Fees ,
m
O ent To
Jernigan Enterprise
weer,apr.'"°': Construction & Development, Inc.
or PO Box No.
city"sraie,'ziP; P.O. Box 95
Grandy, NC 27939 ) RTH CAROLINA 27948 - 3368 • 252 -441 - 0239
: environmentaIpro@earthIink . net

Fr3 Coo -PRt FF,
ENVIRONMENTAL
PROFESSIONALS
INC.
PLANNING FOR April 6,2004 CERTIFIED MAIL
A BETTER RETURN RECEIPT REQEUSTED
ENVIRONMENT
Jernigan Enterprise, Construction and Development Inc. RECEIVED
PO Box 95
/0
Grandy,NC 27939 MAY �/ ; "(
COASTAL q,2ANAGEMENT
Re: CAMA permit,riparian owner notification EI-17'A'�'_7H CITY
To Whom It May Concern:
This correspondence is to notify you as a riparian property owner,that the Independent Property Owners of
America plan to construct a hotel,pool,parking and amenities adjacent to your property. The sketch and
application are included for your review.
If you have no objection to the proposed activity,please mark the appropriate statement below and return to
Environmental Professionals,Inc as soon as possible. If no comments are received within thirty(30)days
of receipt of this notice, it will be considered that you have no objections to this project.
If you have objections or comments,please mark the appropriate statement below and send comments to
within thirty(30)days to Mr.Ted Sampson,North Carolina Division of Coastal Management, 1367 U.S
Hwy 17 South,Elizabeth City,NC 27909.
If you have questions about the project,please do not hesitate to call me at 252-441-0239 or the NC
Division of Coastal Management.
Sincerely,
Kend=11 T=ge
I have no objection to the project described in this correspondence.
I ve objection to the project described in this correspondence.
41
SIGN"TURE / ATE
P. O . BOX 3368 a KILL DEVIL HILLS , NORTH CAROLINA 27948 - 3368 • 252 - 441 - 0239
FAX : 252 - 441 - 0721 9 EMAIL : environmentalpro@earthlink . net

ECEIVED
MAY 2 5 2004
;t)ASTAL MANAGEMENT
Fl_i7_ABETH CITY
COMPLETE .N I COMPLETE.THIS SECTION ON DELIVERY
■ Complete items 1,2,and 3.Also complete A.-Sig tur
item 4 if Restricted Delivery is desired. X Agent
■ Print your name and address on.the reverse ❑Addressee
so that we can return the,card to you. B. Recelve by(Printed N e) C. Date of Deliven,
■ Attach this card.to the back.of tre mailpiece,
or on the front if space permits.....
D,is delivery address different from Item 1? ❑Yes
1..ArBcleAddressed to: ____-___-_______ If YES;enter del(v dd. s below: ❑No
� 9
Jernigan Enterprise
GZ
Construction & Development, Inc.
P.O. Box 95 `
Grandy, NC 27939 3. erviceTy �, �
Certified I E - ss ail
.Registered �CO.
ecelpt for Merchandise
0 1nsured.Mail
4. Restricted Delivery?(Extra Fee) ❑Yes
2. Article Number 7003 1010y 0000 4930 3100
(Transfer from service label)
PS Form 3811,August 2001 Domestic Return Receipt D 3.ao7 2ACPRI-03Z-09
COMPLETE •N COMPLETE THIS SECTIONON DELIVERY
■ Complete'items 1;2,and 3.Also complete A. Sign4ture
item 4 if Restricted Delivery Is desired. i D Agent
■ Print your name and address on the reverse X Addresse,
so that we can return the card to you. B. Re e'ved by(Printed Name) Date of Deliver
■ Attach this card to the back of the mallplece, l
or on the front if space permits.
D. Is delivery address different from item 11 0 Yes
1. Article Addressed to: If YES,enter delivery address below: ❑No
i
Elmer W. &Joan M. Raper
733 Masterpiece Drive
Sun City, FL 33573 3. Service Type
C rtified Mail E3 Express Mail
R$gistered ❑ Return Receipt for Merchandise
❑.Insured Mail ❑C.O.D.
4. Restricted Delivery?(Extra Fee) ❑Yes
2. Article Number - --- — — -------- - --�. -— --
(Transfer fromservice label)) 7003 1010 0000 4930 3117
PS Form 3811,August 2001 Domestic Return Receipt O�a ��� 2ACPRI.03-Z-09

t .
Prepared by and return to: 1' �'�
Robert L. Outten 1182 0542'
11:3� i i,,42
VZD
_SHARP, MICHAEL, OUTTEN & GRAHAM
Attorneys at Law FILED 10A y 2
P.O. Drawer 1027 DARE � i_IUHT''f. tic CO3gs 20Q4
Kitty Hawk, NC 27949 DARE COUNTY NC 05/15/98 05/15'iSK81.3'10'I'Ptt
76 $6200.00 F �F��iy
Register Of -lTY
STa1E UE'
�� t �OR41N4 f' '. Real Estate
NORTH CAROLINA RD • "
tT` t A ` Excise Tax [:<<,?r«tst,t #
DARE COUNTY �' \
� JP ; i?IjItUIJ81
Q� `) �n /
� �? THIS GE ERAL WARRANTY DEED made and entered into this the
Vr ,4 day of 1998, by and between KITTY HAWK
�4 HOTEL ASSOCIATE , a Virginia Limited Partnership and L. CHARLES
�$ n BURLAGE, parties of the first part, to INDEPENDENT PROPERTY
- I- u OPERATORS OF AMERICA, LLC, a Virginia Limited Liability Company,
-� >y party of the second part: Q)rfa(Ic a 6VkA-�tr►1Tc9•u)er, -6tufe 1061 /OOrjbj�, UCH
W I T NE S S E T H : _2�51D
THAT WHEREAS, the said parties of the first part, for and in
consideration of the sum of ONE HUNDRED ($100. 00) DOLLARS and other
good and valuable consideration to them in hand paid by the said
party of the second part, the receipt of which is hereby
acknowledged, have bargained, sold and conveyed, and by these
presents do bargain, sell and convey unto the said party of the
second part, its successors and assigns, all those certain lands
lying and being in Dare County, North Carolina and more
particularly described as follows:
IIIIII � I � I � PARCEL A
All that lot or parcel of land lying and being the Towns
of Kitty Hawk and Southern Shores, Atlantic Township,
E! 0 Dare County, North Carolina and being more particularly
`- described as follows:
d)
c `- Beginning at a concrete monument located in the northern
margin of the right of way of NC Hwy. 12, said concrete
monument being in the intersection of the western
boundary of the property herein described with the
northern margin of the right of way of NC Hwy. 12, and
being in the intersection of the eastern boundary of the
Fy 1 now or formerly Daniels Oil Co. , . Inc. property as
�? Q described in Book 441 Page 179 of the Dare County
Registry with the northern margin of the right of way of
G -4j NC Hwy. 12, said concrete monument also being South 88
degrees 9 minutes 13 seconds West 274. 58 feet from
N.C.G.S . Mon. ' "Cross-1933" NC Grid Coords . North
871, 438. 64 East 2, 971, 044 . 02; thence from said point of
beginning North 19 degrees 28 minutes 3 seconds West
355 . 68 feet to an iron rod, said iron rod being in the
southwestern margin of the right of way of NC Hwy. 12;
E EIVE®
APR ® 8 2004
GASTAL NIANAGEMENT
C-LIZABETH CITY

i
Book page
�}
thence along the eastern margin of the right�f�way o. 1��
Hwy. 12 in a northern direction, along a curve to the
left when facing North, said curve having a length of
96 . 03 feet, a radius of 646. 65 feet, a chord of 95 . 94
feet and a chord direction of North 27 degrees 36 minutes
19 seconds East to a concrete monument; thence continuing
along the eastern margin of the right of way of NC Hwy.
12 in a northerly direction, along a curve to the left
when facing North, said curve having a length of 186. 50
feet, a radius of 588. 57 feet, a chord of: 1.85 . 72 feet,
and an chord direction of North 14 degrees 16 minutes 39
seconds East to an iron rod; thence South 84 degrees 53
minutes 3 seconds East 44. 27 feet to a concrete monument;
thence South 27 degrees 11 minutes 1.9 seconds East 321. 14
feet to a concrete monument; thence North 68 degrees 17
minutes 12 seconds East 370. 00 feet to an iron rod, said
iron rod. being along a tie lane the following courses and
distances to an iron rod located in the southern boundary
of the property herein described: South 21. degrees 47
minutes 28 seconds East:. 31.2. 41 feet to an iron rod,
thence South 41. degrees 26 minutes 00 seconds East 207 .44
feet to an iron rod being the terminus of the aforesaid
tie line; thence continuing from the iron rod marking the
beginning point of the aforesaid tie line North 68
degrees 17 minutes 12 seconds East 76. 6 feet more or less
to a point in the mean high water mark of the Atlantic
Ocean; thence in a southerly direction along the mean
high water mark of the Atlantic Ocean to a point in the
intersection of the southern boundary of: the property
herein described with the mean high water mark of the
Atlantic Ocean, said point being Sough tit degrees' 10
minutes 52 seconds West 56 . 1 feet more or less to an iron
rod, said iron rod i:)e.i_ng a terminus of the previous t.:i.e
line, said terminus being the following courses and
distances to an iron rod :located in the northern boundary
of the property herein conveyed and being the beginning
point of the previous tie line: North 41 degrees 26
minutes 00 seconds West 207 .44 feet to an iron rod;
thence North 21. degrees 47 minutes 28 seconds West 3.12. .41_
feat to an iron rod in the northern boundary of the
property herein conveyed; said iron rod being the
beginning point of the previous tie line; thence from
said point in the mean high water mark of the Atlantic
Ocean South 62 degrees .1.0 minutes 52 seconds West 56. 10
feet more or less to an iron rod; thence continuing South
62 degrees 10 minutes 52 seconds West 132 .76 feet to an
iron rod, said iron rod being located in the western
margin of the right of way of NCSR 1205; thence along the
western margin of NCSR 1205 North 27 degrees 38 minutes
56 seconds West 28. 30 feet to a PK nail; thence South 62
degrees 13 minutes 08 seconds West 60 . 88 .feet to an iron
pin; thence along the eastern margin of the right of way
of NCSR 1205 South 27 degrees 'E mi.nutes 56 seconds East
392. 90 feet to an iron :r.od; thence along the northern

BAn{: F.yga
1182 0544
margin of the right of way of NC Hwy. 12 in a generally '
westerly direction along a curve to the left when facing
North, said curve having a length of 418 . 94 feet, a
radius of 1,433 . 16 feet, a chord of 417 .45 feet and a
chord direction of North 52 degrees 33 minutes 11 seconds
West to a point; thence continuing along the northern
margin of the right of way of NC Hwy. 12 in a generally
westerly direction along a curve to the left when facing
North, said curve , having a length of 455 .73 feet, a
radius of 1498. 98 feet, a chord of 453 .98 feet and a
chord direction of North 69 degrees 41 minutes 34 seconds
West to a concrete monument being the point and place of
beginning, containing 10. 35 acres more or less.
Same being all of Parcel A as shown on that certain
survey entitled "Boundary Survey of Kitty Hawk Hotel
Associates Property for: Independent Property Operators
of America, LLC, Kitty Hawk and Southern Shores, Atlantic
Township, Dare County, North Carolina" , by Albemarle
Engineering dated the 27th day of April, 1998 which
survey is incorporated herein by reference as if fully
set out.
PARCEL B
All of that lot or parcel of land located in the Town of
Southern Shores, Atlantic Township, Dare County, North
Carolina and being more particularly described as
follows:
Beginning at a concrete monument located in the northern
boundary of NC Hwy. 12, said concrete monument being in
the southwestern corner of the now or formerly Southern
Shores Realty property as described in Book 1096 Page 590
of the Dare County Registry, said concrete monument also
being the following courses and distances from N.C.G. S.
Mon. "Cross-1933" NC Grid Coords. North 871, 438. 64 East
2, 971, 044. 02: South 88 degrees 19 minutes 13 seconds West
274. 58 feet to a concrete monument; thence North 19
degrees 28 minutes 3 seconds West 355 . 68 feet to an iron
rod; thence South 58 degrees 50 minutes 5 seconds West
169.70 feet to a concrete monument, said concrete
monument being the point and place of beginning; thence
from said point of beginning South 49 degrees 25 minutes
54 seconds West 28. 42 feet to a concrete monument; thence
South 49 degrees 25 minutes 54 seconds West 28 . 13 feet to
an iron rod; thence South 33 degrees 20 minutes 14
seconds West 5 . 65 feet to a concrete monument; thence
along the eastern boundary of the now or formerly Town of
Southern Shores property North 49 degrees 44 minutes 00
seconds West 214 . 04 feet to a concrete monument; thence
North 27 degrees 10 minutes 24 seconds West 201 . 17 feet
to an iron rod; thence continuing North 27 degrees 10
minutes 24 seconds West 248. 83 feet to a concrete

Book Fs?e
.0i545 1
monument; thence North 54 degrees 27 minutes 53 seconds
West 86. 54 feet to a concrete monument; thence North 62
degrees 49 minutes 36 seconds East 389 . 39 feet to a
concrete monument; thence South 27 degrees 10 minutes 24
seconds East 225. 00 feet to a concrete monument; thence
continuing South 27 degrees 10 minutes 24 seconds East
230 feet to a concrete monument; thence North 62 degrees
49 minutes 36 seconds East: 120. 80 feet to a concrete
monument; thence continuing North 62 degrees 49 minutes
36 seconds East 12. 38 feet to a concrete monument, said
concrete monument being in the western margin of the
right of way of NC Hwy. 12; thence along the western
margin of the right of way of NC Hwy. 12 in a southerly
direction along a curve to t.he. right when facing South,
said curve having a length of 11. 61 feet, a radius of
538. 57 feet, a chord of 11. 60 feet and a chord direction
of North 3 degrees 3 minutes 37 seconds East to an iron
rod; thence South 62 degrees 49 minutes 36 seconds West
137 . 31 feet to an iron rod; thence North 27 degrees 10
minutes 24 seconds West 10 feet to a concrete monument;
thence South 62 degrees 49 minutes 36 seconds West 40
feet to an iron rod; thence continuing South 62 degrees
49 minutes 36 seconds West 157 . 66 feet to a concrete
monument; thence South 27 degrees 10 minutes 24 seconds
East 243 . 63 feet to a concrete monument; thence
continuing South 27 degrees 10 minutes 24 seconds East 10
feet to a concrete monument, the point and place of
beginning, containing 4 . 38 acres more or less.
The same being all of Parcel B as described in that
certain plat or survey entitled "Boundary Survey of Kitty
Hawk Hotel Associates property for: Independent Property
Operators of America, LLC, Kitty Hawk and Southern
Shores, Atlantic Township; Dare County, North Carolina" ,
by Albemarle Engineering, Inc . dated the 27th day of
April, 1998 which plat .is incorporated herein by
reference as if fully set out.
For reference see those deeds recorded in Book 442, Page 66,
Book 466, Page 598, and Book. 11.44 Page 435 , each in the office
of the Register of Deeds of Dare County, North Carolina.
TO HAVE AND TO BOLD the above described lands and premises
together with all the privileges and appurtenances hereunto
belonging unto the said party of the second part, its successors
and assigns, in fee simple forever_
AND the said parties of the first: part, for themselves and
their heirs, administrators, executors and assigns, covenant to and
with the said party of the second part, its successors and assigns,
that they are seized of said lands in fee, that they have a good
right: to convey the same in fee simple; Lhat the same are free and
clear of all encumbrances whatsoever; and that they will forever

Book -3
Pa{e����
warrant and defend the title to the same against 41VclaSh b''f all
persons whomsoever.
The property herein conveyed is subject to all easements and
restrictions of record.
IN TESTIMONY WHEREOF the said parties of the first part have
hereunto set their hands and seals the day and year first. above
written.
KITTY HAWK HOTEL ASSOCIATES, a
Virginia Limited Partnership
BY: IN`.PERSTATE MANAGEMENT, INC. , a
Virginia Corporation, General
Partner
BY: - i (.� (SEAL)
L. Charles" Burlage
President
ATTEST: .,
Secretary
(Corporate Seal)
♦��♦Nrnnrrbr r' 1 '
•.........:•�.�e •., BY: / _�J . l SEAL)
r' •' ti�� L. Charles Burlage /
=J ;•GpRPORgp�.�' Y'3 General Partner
SEhL s
(SEAL)
♦ L. Charles Burlage j
,,,',rrr""'"���,♦ Individually
A RECEIVED
APR 0 8
COASTAL 1`0ANAGEMEI\T
ELIZABETH CITY