18-05 Notice of Violation

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
NOTICE OF VIOLATION
April 8, 2005
CERTIFIED MAIL
RETURN RECEIPT REQUESTED
Independent Property Owners of America
c/o Mr. Sterling Webster
P. 0. Box 2716
Kill Devil Hills, NC 27948
RE: VIOLATION(S) OF CAMA MAJOR DEVELOPMENT PERMIT NO. 18-05 CAMA
VIOLATION#05-07A
Dear Mr. Webster:
This letter confirms that on April 6, 2005, John Cece, field representative for the Division of Coastal
Management, was onsite at your property located at 5353 Virginia Dare Trail adjacent to the
Atlantic Ocean located in the Town of Kitty Hawk, Dare County, North Carolina. The purpose of the
visit was to monitor the permitted development of the oceanfront hotel complex and to ensure that
no construction had begun at the site. This site visit follows ongoing meetings with DENR General
Counsel and your attorneys over the last few weeks regarding your project's inability to comply with
the Coastal Resources Commission's (CRC) setbacks for development in the Ocean Hazard Area
of Environmental Concern (AEC). At the most recent meeting on March 30, 2005, you agreed to
provide an updated survey depicting the existing erosion escarpment and the 120' setback from
that escarpment line. The Department received this updated survey on Monday, April 4, which was
hand delivered to Director Charles Jones on Tuesday, April 5. On Wednesday, April 6, the Division
made the site visit.
Information gathered by me for the NC Division of Coastal Management shows that you have
violated the terms or conditions of State Permit No. 18-05 which was issued to you by the Coastal
Resources Commission and the North Carolina Department of Environment and Natural
Resources. I hereby request that you immediately CEASE AND DESIST such violation(s) and
comply with the terms and conditions of the above permit.
On February 1, 2005, State Permit No. 18-05 was issued to Independent Property Owners of
America for the construction of a hotel complex within the Ocean Hazard AEC on property located
in Dare County, North Carolina, off Virginia Dare Trail. This permit was issued for CAMA Major
Development in an Area of Environmental Concern, in accordance with North Carolina General
Statutes (N.C.G.S.) 113A-118.
400 Commerce Avenue, Morehead City, North Carolina 28557
Phone: [phone] FAX: [phone] Internet: www.nccoastalmanagement.net
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1. Prior to the initiation of any construction authorized by this permit, a representative of the
Division of Coastal Management shall stake the limits of the small structure (60 feet) and
large structure (120 feet) setbacks. Construction must begin within 60 days of these
determinations. Failure to initiate construction, or erosion of the shoreline by adverse
weather conditions, shall require these limits to be restaked by the Division.
For the following reason, you are in violation of the above condition of your permit:
The Division has not staked the first line of stable natural vegetation (FLSNV). Based
1.0upon DCM's preliminary review of your updated survey, it appears that the setback line
does not encroach into the hotel and associated parking lots as far as initially thought.
-However, -these--strasWm&-a&<peM+ted do not meet the 120' buildFrig set
F V. The exact location of the FLSNV (erosion escarpment) must be�rro4h tr�s1 ��
' ' before the pmeise encroach ent of these structures into the setback can 54AW hybCA
off` be determined. 0.S ceObK�j D-1 If the terms and conditions of a permit are not complied with, the permit becomes null and void � �
r* from the date of its issuance. To comply with the terms and condition of the permit issued to you,
you must: 1) Reque t that a DCM staff member stake the FLSNV as required by 15A NCAC
07J.0403, 2) Provide_)CM with a revised urve la showing the FLSNV as described in item a
#1,}}he new location of all structures i ith the pertinent setbacks, and 3)
-�3Gbmit a request to modify CAMA Permit#18-05 tl reflect the _ svelepme- -
s S Nei
ram' If you intend to cooperate with my request, please sign one of the attached restoration
Agreements and return it to me in the self-addressed envelope within (10) days of receipt of this
7 etter. Failure to comply with this request or respond back to this office prior to the requested
deadline with an acceptable schedule for compliance will be interpreted as a refusal to cooperate
and will result in a Notice of Continuing Violation, as well as a court injunction being sought
ordering compliance.
I, A civil penalty of up to Twenty-Five Hundred Dollars ($2500.00) may be assessed, or an injunction
, qr criminal penalty may be sought against any person who violates a CAMA Major Development
permit. It is the policy of the Coastal Resources Commission to assess a minimum civil penalty of
$500 against all violations. This is done to recoup some of the costs of investigating violations
and/or to compensate the public for any damage to its natural resources. Whether a higher
amount will be assessed will depend on several factors, including the nature and area of the
resources that were affected and the extent of the damage to them. If restoration of the affected
resources is requested but is not undertaken or completed satisfactorily, a substantially higher civil
penalty will be assessed and a court injunction will be sought ordering restoration (N.C.G.S. 113A-
126).