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HomeMy WebLinkAbout85-05 VDT, LLC Permit Class Permit Number NEW(Express Permit Program) 85-05 STATE OF NORTH CAROLINA Department of Environment and Natural Resources and F.1,r -- Coastal Resources Commission PP r for X Major Development in an Area of Environmental Concern . pursuant to NCGS 113A-118 "ley �M Excavation and/or filling pursuant to NCGS 113-229 Issued to VDT, LLC, C/O Gary Hesselbacher, 55 Perry Drive, Mount Holly, New Jersey 08060. Authorizing development in Dare County at 7123 South Virginia Dare Trail, adjacent NC 12 on the Atlantic Ocean, in the Town of Nags Head, as requested in the permittee's application dated 04/26/05, including the attached workplan drawings (3), all dated 04/26/05 &attached AEC Hazard Notice dated 05/02/05 This permit, issued on June 01,2005 , 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. Upland Development 1) Unless specifically altered herein,this permit authorizes the demolition of the existing Quality Inn— Sea Oatel Motel and the returning of the site to natural conditions, which includes filling to re-establish the natural grade, all as depicted in the attached permit application and workplan drawings. Stormwater Management 2) In order to protect water quality, runoff from the construction shall not visibly increase the amount of suspended sediments in adjacent waters. (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 nncc ee personnel when the project is inspected for compliance. a� Sjpr�lic�Nr Any maintenance work or project modification not covered K-v- Charles S. Jones, Director hereunder requires further Division approval. Division of Coastal Management 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 Signature of Permittee Management Program. FVDT, LLC Permit# 85-05 er Page 2 of 2 ADDITIONAL CONDITIONS evsof Water Quality approval of this project under stormwater management rules of the Environmental Management Commission is covered by way of Stormwater Permit No. SW7050503, which was issued on 05/05/2005. Any violation of the permit approved by the DWQ shall be considered a violation of this CAMA permit. Sedimentation and Erosion 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. Submit this plan to the The Town of Nags Head, C/O Kim Allen, Post Office Box 99, Nags Head, NC 27959. 4) Appropriate sedimentation and erosion control devices, measures or structures (e.g. silt fence, diversion swales or berms, sand fences, etc.) shall be implemented to ensure that eroded materials do not enter adjacent wetlands, watercourses and/or properties. 5) Dune disturbance shall be allowed only to the extent necessary for the authorized project to be carried out, and if the dune's protective value is not weakened or reduced. All disturbed areas shall be immediately stabilized with vegetation. 6) Only beach quality sand shall be used for dune rehabilitation purposes. Prior approval from the Division of Coastal Management shall be required for any material that is to be brought in from off site borrow areas. General NOTE: This permit does not eliminate the need to obtain any additional state, federal or local permits, approvals or authorizations that may be required. NOTE: Future development of the permittee's property, including but not limited to the construction of single-family residences, may require a modification of this permit. Contact a representative of the Division at(252)264-3901 or(252) 946-6481, or the Town or Nags Head, prior to commencement of any such activity for this determination. NOTE: The permittee and/or his/her contractor is urged to meet with a representative of the Division prior to project initiation. NOTE: The U.S. Army Corps of Engineers has assigned this project COE Action ID No. 200510936. NOTE: The Division of Water Quality is currently reviewing the permit application to determine if the project is in compliance with North Carolina's Water Quality Certification program and has assigned the proposed project DWQ Project No. 050750. The permittee must receive a Water Quality Certification from DWQ prior to the initiation of any construction activities. Ake ,ram NCDENR North Carolina Department of Environment and Natural Resources Division of Coastal Management �a7i5 Michael F.Easley, Governor Charles S. Jones, Director Willipm G. Ross Jr., Secretary ,ry y�r ;�r�� �.✓�t� 1 June 2005 tr M CERTIFIED MAIL 7003 3110 0002 0605 8785 RETURN RECEIPT REQUESTED VDT,LLC C/o Gary Hesselbacher 55 Perry Drive Mount Holly,NJ 08060 Dear Mr.Hesselbacher: The enclosed permit constitutes authorization under the Coastal Area Management Act, and where applicable,the State Dredge and Fill Law,for you to proceed with your project proposal.The original(buff-colored) form is retained by you and it must be available on site when the project is inspected for compliance. Please sign both the original and the copy and return the copy to this office in the enclosed envelope. Signing the permit and proceeding means you have waived your right of appeal described below. If you object to the permit or any of the conditions, you may request a hearing pursuant to NCGS 113A- 121.1 or 113-229.Your petition for a hearing must be filed in accordance with NCGS Chapter 150B with the Office of Administrative Hearings, 6714 Mail Service Center, Raleigh, NC 27611-6714, (919) 733-2698 within twenty (20) days of this decision on your permit. You should also be aware that 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 would be 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 penmit,you will be helping to protect our vitally important coastal resources. Very sincerely, David W.Moye Express Permits Coordinator 252-948-3852 Enclosure Cc: Chris Catron,Ware Realty&Construction,Inc.,Post Office Box 1131,Manteo,NC 27954 943 Washington Square Mall,Washington,North Carolina 27889 Phone:252-946-6481 1 FAX:252-948-0478 1 Internet:www.n=astalmanagement.neU An Equal Opportunity 1 Affirmative Action Employer—50%Recycled 110%Post Consumer Paper DIVISION OF COASTAL MANAGEMENT FIELD INVESTIGATION REPORT Express Permit Review Program 1. APPLICANT'S NAME: VDT, LLC (C/O Gary Hesselbacher) 2. LOCATION OF PROJECT SITE: 7123 South Virginia Dare Trail in the Town of Nags Head in Dare County, North Carolina Photo Index - 2000: no photos available 1995: 185-1924; V-3,4, W-3,4, X-3,4 1898: 42-22; P-14,15,16, Q-14,15,16 State Plane Coordinates - X: 3,009,700 Y: 803,600 GPS Rover File # U032311A Roanoke Island Quad. (lower left corner) 3. INVESTIGATION TYPE: CAMA (h�fe- 4. INVESTIGATIVE PROCEDURE: Dates of Site Visit - 03/23/05 (/�/p5- Was Applicant Present - No 5. PROCESSING PROCEDURE: Application Received - 02 May 2005 Office - Washington 01660'� 6. SITE DESCRIPTION: (A) Local Land Use Plan - Dare County Land Classification From LUP - Developed and Conservation �ub. dot , (B) AEC(s) Involved: Ocean Hazard oS�oS� 05�36�05 (C) Water Dependent: NO (D) Intended Use: Commercial (E) Wastewater Treatment: Existing - Septic Planned - None - existing to be removed (F) Type of Structures: Existing - Hotel, restaurant, swimming pool, parking lots Planned - None - existing to be removed (G) Estimated Annual Rate of Erosion: N/A Source - N/A 7. HABITAT DESCRIPTION: [AREA] DREDGED IF LLED OTHER (A) Vegetated Wetlands N/A (B) Non-Vegetated Wetlands N/A (C) Other ±97,574.4 ft2 Highground demolition and filling of site (D) Total Area Disturbed: ±2.24 acre (±97,574.4 sq. ft.) (E) Primary Nursery Area: N/A (F) Water Classification: N/A Open: N/A 8.PROJECT SUMMARY: The applicant proposes to demolish the existing Quality Inn - Sea Oatel Motel and return the site to natural conditions, which includes filling to re-establish the natural grade. VDT, LLC -7 f C/O Gary Hesselbacher Dare County 1 Ur t Express Permit Review Program �l �` ,S Project setting 'S Chris Catron with Ware Realty& Construction, Inc., on behalf of Gary Hesselbacher with VDT,LLC,has requested the attached application be processed under the Express Permit Review Program, for removal of the Quality Inn - Sea Oatel Motel under the name of VDT, LLC—Gary Hesselbacher. The project site is located at 7123 South Virginia Dare Trail in the Town of Nags Head, adjacent NC 12 on the Atlantic Ocean in Dare County,North Carolina. The proposed project site comprises f4.3 acres and is the old Quality Inn- Sea Oatel Motel site. The project site is within the Ocean Hazard Area of Environmental Concern (AEC) as identified in North Carolina Administrative Code 15A NCAC 07H.0304. All development within this area is subject to authorization by the Division of Coastal Management. The current site is ±400' wide by ±465' deep, and with the exception of a ±125' wide reconstructed dune and surf zone; the entire site has been developed with hotel buildings, a restaurant, swimming pool,and parking lots. The oceanfront portion of the hotel and the restaurant suffered extreme damage in previous hurricanes and have been gutted. The office is still functioning and serves the portion of the hotel complex located on the west side of NC 12. The existing hotel on the west side of NC 12 is a separate parcel of property and is not a part of this permit application. Vegetation on the site is limited to an area of lawn grass, shrubs and two flower gardens in three small areas between the parking lots and NC 12. The existing drain fields for the onsite septic system are below these three vegetated areas. American Beach grass(Ammophila sp.)has recently been sprigged to re-establish vegetation between the hotel and the Atlantic Ocean on the reconstructed dune. The project site is bordered on the north(upstream)side by another hotel and on the south (downstream) side by a Town of Nags Head 50' wide undeveloped right of way. The Atlantic Ocean is classified as SB by the Environmental Management Commission and is open to shell fishing. Project description The applicant proposes to demolish all structures on the project site and return the site to a natural state including vegetation. Compatible sand fill will be brought to the site to fill in holes left by the removal of the footings, parking lots, septic tanks and drain fields, and pool, and to re- establish the natural grade. Proposed plantings include American Beach grass(Ammophila sp.), Sea Oats(Uniola paniculata),and Bitter Panicum(Panicum amarum). The tract will be subdivided into eight - 50' wide by±465' deep lots as per the original plat on record with the Town of Nags Head. The debris will be hauled to an approved disposal site as per the requirements of the Town of Nags Head. The applicant is currently pursuing this permit from the Town. VDT, LLC C/O Gary Hesselbacher Dare County Express Permit Review Program Page Two Anticipated impacts The project as proposed will result in the disturbance of±97,574.4 ft2 of uplands as a result of the demolition activities. The project as proposed will result in a removal of±97,574.4 ftZ of impervious surface within the Ocean Hazard AEC. Depending upon weather conditions at the time of the demolition, there could be short-term localized wind born sand/dust. David W. Moye—02 May 2005 CAMA NARRATIVE SEA OATEL MOTEL DEMOLITION PROJECT DESCRIPTION: The purpose of this project is to demolish and remove structures and pavement associated with the Sea Oatel Motel, which is located on a± 4.3-acre tract with a physical address of 7123 South Virginia Dare Trail in the Town of Nags Head. In addition to demolition of the motel, a swimming pool will be filled in and a septic system consisting of solids holding tanks and pump tanks will be removed in a manner that is consistent with local health regulations and construction guidelines. Compatible material will be used for disturbed areas requiring fill. SITE DESCRIPTION: The site is an oceanfront lot located in Dare County in the Town of Nags Head on the east side of NC Hwy 12 (Virginia Dare Trail). The ocean front dune has recently been reestablished and sprigged with American Beach grass (Ammoghila �ip.). The site is bordered on the North by the Owens Motel and to the South by an ocean access/parking area owned by the Town of Nags Head. CONSTRUCTION: Demolition will restore the site to a pervious surface. All building and pavement materials will be removed from the site. Grading of the site will be compatible with adjacent properties and NC Hwy 12. r Form DCM MP 1 APPLICATION, cro be completed by all applicants) b. City, town, community or landmark TOWN OF NAGS HEAD 1. APPLICANT c. Street address or secondary road number 7123 S VA DARE TRAIL a. Landowner: Name VDT, LLC — GARY HESSELBACHER d. h proposed work within city limits or planning jurisdiction? X Yes No Address 55 PERRY DR e. Name of body of water nearest proOecxC�Ag.. river, City MT. HOLLY State NJ cre* sound,bay) C; N Zip 08060 Day Phone 215-680-7223 — Fax 609—702—0373 3. DESCRIPTION AND PLANNED USE OF PROPOSED PROJECT b. Authorized Agent: Name C H R I S CAT R 0 N — WARE REALTY a. List all development activities you propose (e.g. building a home,motel,marina, bulkhead,pier,and PO BOX 1 131 excavation and/or filling ac&Wes. Address DEMOLITION OF ALL STRUCTURES. PARKING AREA POOL, City MANTEO State NC FILL POOL. Zip 27954 Day phone 252-473-6338 b. is the proposed activity maintenance of an existing project, new work, or both? EXISTING PROJE Fax 252-743-2628 c. Will tee?the project TbeEiior public,private or commercialc. Projea name(if any) SEA OAT E L MOTEL PP RR d. Give a brief dasc ripdan of purpose,use,methods of construction and daily operations of proposed Pow wN be in ofSow" W(s).wd/br project. If more �x is needed, ease attach addhiamd THE PUPOSE IS TO pmjrcrXWW- REMOVE THE EXISTING STRUCTURE AND RELATED ATURES TO PREPAR - THE SITE FOR RESLAE. ALL 2. LOCATION OF PROPOSED MATERIAL WILL BE REMOVED FROM PROJECT THE SITE. THE SITE WILL BE GRADED TO MATCH ADJACENT _PROPERTIES. SEE NARRATIVE. a County DARE Re.ius Qi1l6 -Form DCM MP-] m. Describe existing wastewater treatment facilities. 4. LAND AND WATER _MULTIPLE SOLIDS HOLDING TANKS CHARACTERISTICS AND PUMP TANKS —SUBSURFACE DISPOSAL a. Size of entire tract 4-3 ACRES a. Describe loodon and type of discharges to waters of the state. (For example, surface runoff, sanitary b. Size of individual lot(s) 4.3 ACRES wastewater, industrial/conunercial effluent, "wash down" and residential discharges.) c. Approximate elevation of tract above MHW or SURFACE RUNOFF NWL 2' d. Soil type(s) and texture(s)of tract o. Describe existing drinking water sacppppl source. BnD, NuC, NEWHAN, SANDY PUBLIC WATER SUPE LY TOWN OF NAGS HEAD e. vegetation on tract GRASSES, SEA OATS f. Man-made features now on tract HOTEL, CONCRETE PARKING LOT, POOL S. ADDITIONAL INFORMATION g. What is the CAMA Land Use Plan lead In addition W the completed classification of the site?Odor Ish A,�[k d um p,.) P application form the following items must be submitted; Conservation Transitional X Developed Community • A copy of the deed (with state application only)or Rural Other other instrument under which the applicant claims tide to the affected properties. If the applicant is rat h. How is the tract zoned byy local government? claiming to be the owner of said property, then CR — COMMERCIAL RESIDENTIAL forward a copy of the deed or other instrument under which the owner claims title, plus written permission i. Is the proposed project consistent with the applicable from the owner to carry out the project. zoning? X Yes No frock Zm ft C"filwe, if cppawbu) • An accurate, dated work plat (including plan view and cross-sectional drawings)drawn to scale in black i. Has a professional archaeological assessment been ink on an S 112" by I V white paper. (Refer to done for the tract? Yes X No Coastal Resources Commission Rule 7).0203 for a If yes,by whom? detailed description.) k. Is the project located in a National Registered Please note that original drawings are preferred and Historic District or does it involve a National only high quality copies will be accepted. Blue-line Register listed or eligible property? prints or other larger plat:are acceptable only if an Yes X No adequate number of quality copies are provided by 1. Are there wetlands on the site? APP1ka0t• (Contact the U.S. Army Corps of Yes X No Engineers regarding that agency's use of larger Coastal (marsh) Other drawings.) A site or location map is a part of plat If yes, has a delineation been conducted? requirements and it must be sufficiently detailed to (ANPA doa--"d-, if 0-"k) guide agency personnel unfamiliar with the area to the Re*w GM Form DCM-MP-1 site. Include highway or secondary mad (SR) 6. CERTIFICATION AND PERMISSION numbers,landmarks,, and the like. TO ENTER ON LAND • A Stormwater Certification, if one is necessary. •- • A list of the names and conplete addresses of the I undue that any permit issued in response to this apolication will allow only the development described in adjacent waterfront (riparian) landowners and the"ppikation. the project will be subject to conditions signed return receipts as proof that such owners and restrictions contained in the permit. have received a copy of the application and plats by certified mail. Such landowners must be advised I certify that to the best of my imowlWge,the proposed that they have 30 days in which to submit comments activity complies with the State of North Carolina's on the proposed project to the Division of Coastal approved Coastal Management Program and will be Management. Upon signing this form, the applicant conducted in a manner consistent with such program. farther ceWfies that such notice has been provided. Name OW E N S—S H A N N O N I LC_ I certify that I am authorized to grant, and do in fact, Address 71 14 VA DARE TRAIL__— grant permission to representatives of state and federal Phone review agencies to enter on the aforementioned lands in connection with evaluating information related to this Name TOWN OF NAGS HEAD permit application and follow-up monitoring of the: Address PO BOX 99. NAG HEAD. NQ 2795g project. Phone 2 5?--441 —7 n 1 6 I further certify that the Information provided in this Name application is m6fut to the best of my knowledge. Address Phone This is the 26 day of A�L ,TOS 2005 • A list of previous state or federal permits issued for C H R I S CAT R 0 N work on the project tract. Include permit numbers, Prim Name permittee, and issuing dates. Signature gnau tAnAmwwr or AndwnWd AseW • A dterh for$M made payable to the Department of please indicate pertaining to your proposed ' Environment, Health, and Natural Resources (DEHNR) to cover the costs of processing the DCM MP-2 Excavation and Fill Information application. X DCM MP-3 Upland Development DCM MP-4 Structures Irdotnoation • A signer! 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: Pkase sign and date each anac mum In the Environ nental Policy Act (N.C.G.S. 113A - 1 to space provWd at the bottom of each form. 10) If the project involves the expenditure of public funds or use of public lands, attach a statement documenting compliance with the North Carolina Environmental Policy Act. Form DCM-MP-3 UPLAND DEVELOPMENT (Construction and/or land disturbing activities) Attach this form to Joint Application for CAMA Major h. Projects that require a CAMA Major Development Permit, Form DCM-MP-1. Be sure to complete all Permit may also require a Stormwater Certification. other sections of the Joint Application that relate to this Has a site development plan been submitted to the proposed project. Division of Environmental Management for review? Yes X No a. Type and number of buildings, facilities, units or If yes, date submitted structures proposed NONE i. Describe proposed method of sewage disposal. NZA b. Number of lots or parcels ONE j. Have the facilities described in Item i. above c. Density(give the number of residential units and the received state or local approval? N/A units per acre) N/A (Aach appropriate docunwtuation) k. Describe location and type of proposed discharges to d. Size of area to be graded, filled or disturbed waters of the state (for example, surface runoff, including roads, ditches, etc. 2.24 ACRES sanitary wastewater, industrial/commercial effluent, DISTRUBED BY REMOVAL OF STRUCTURES "wash down" and residential discharges). SURFACE RUNOFF e. If the proposed project will disturb more than one acre of land, the Division of Land Resources must receive an erosion and sedimentation control plan at least 30 days before land disturbing activity begins. 1. Describe proposed drinking water supply source If applicable, has a sedimentation and erosion (e.g. well, community, public system, etc.) control plan been submitted to the Division of Land TOWN WATER Resources? 'Yes X No If yes, date submitted m. Will water be impounded? Yes X No If yes, how many acres? f. List the materials (such as mart, paver stone, asphalt, or concrete) to be used for paved surfaces. n. If the project is a oceanfront development, when NONE was the lot(s) platted and recorded? DEC. 19, 1978 CHRIS CATRON, SEA OATEL MOTEL g. Give the percentage of the tract within 75 feet of Applicant r Project e MHW or NWL, or within 575 feet in the case of an Outstanding Resource Water, to be covered by Signature impervious and/or built-upon surfaces, such as 4/26/05 pavement, buildings, rooftops, or to be used for Date vehicular driveways or parking. N/A Revised 03/95 400 copies of this public document were printed at a total cost of$7.00 or$ .02 per copy. March 21, 2005 To Whom It May Concern: Please be advised that this letter authorized Chris Catron of Ware Realty and Construction to act on behalf of VDT, LLC in obtaining a demolition permit for the Quality Inn Sea Oatel located at 7123 South Virginia Dare Trail Nags Head, NC 27959. Any questions regarding this authorization should be addressed to the undersigned by calling 215 680-7223. Si cerely, Garryy esselbacher Managing Member VDT, LLC State of New J rsey County of: L On this day of March, 2005,before me the undersigned, personally appeared Garry Hesselbacher, personally known to me or proved to me on the basis of satisfactory evidence to be the individual whose name is subscribed to the within instrument and who acknowledged to me that he executed the same on his own behalf for the purposes set forth therein. IN WITNESS WHEREOF, I hereunto set my hand and official seal. Notary Pu c My Commission Expires: "KIl [Notarial Seal] ID P�1ilj So P TM�,1 nw �bl ak `m�� o10oS 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: David Moye, DCM Express Permit Coordinator FROM: Charlan Owens, AICP, NE DCM District Planner Through: Ted Sampson, NE DCM District Manager SUBJECT: Express Permit Request by VDT,LLC — Gary Hesselbacher to remove an existing hotel development located on a 4.3 acre property adjacent to the Atlantic Ocean at 7123 South Virginia Dare Trail (NC 12) in Nags Head, Dare County. DATE: May 23, 2005 Consistency Determination: The request is consistent with/not in conflict with the Town of Nags Head 2000 Land Use Plan certified by the CRC on September 29, 2000. Overview: The Quality Inn — Seaoatel Motel is located on a 400 foot wide by 465 foot deep site that is entirely developed with hotel buildings, a swimming pool, and parking lots. The property is served by septic tanks. Oceanfront portions of the hotel and restaurant suffered extreme damage in previous hurricanes and have been gutted. The office is still functioning and services a portion of the hotel complex located on the west side of NC 12 on a site that is not included in this application. Existing vegetation on the site is limited to lawn grass, shrubs, and three small flower gardens. A 125 foot wide reconstructed dune and surf zone are also located on the site. American Beach grass has recently been sprigged to re-establish vegetation between the hotel and the Atlantic Ocean on the reconstructed dune. The applicant proposes to demolish all structures on the project site and return the site to the natural grade with vegetation. Compatible sand fill will be brought in to fill holes left by the removal of footings, parking lots, septic tanks, drain fields, and the pool. Debris will be hauled to an approved disposal site. American Beach grass, Sea Oats, and Bitter Panicum will be planted on the site. The tract will be subdivided into eight 50 foot wide and 465 foot deep lots per the original plat on record with the Town of Nags Head. The Atlantic Ocean is classified as SB and is open to shell fishing. Anticipated Impacts resulting from this project are expected to include: the disturbance of 97,574 sq. ft. (2.24 acres) of uplands resulting in the removal of 97,574 sq. ft. (2.24 acres) of impervious surface within the Ocean Hazard AEC. 1367 U.S. 17 South, Elizabeth City, North Carolina 27909 Phone: 252-264-3901 1 FAX: 252-264-37231 Internet: www.nccoastalmanagement.net An Equal Opportunity 1 Affirmative Action Employer-50%Recycled 110%Post Consumer Paper i Carolina Department of Environment and Natural Resources MEMORANDUM ion of Coastal Management Page 2 of 2 Basis for Determination: The Town of Nags Head Land Classification Map identifies the site area as "D-2 Developed". The following LUP policies may be applicable to this request: Coastal Zone Management Act(CZMA) program and the Coastal Area Management Act (CAMA) program: Pages 77 and 78 • The CZMA program and the state of North Carolina's CAMA program are designed to protect the coastline and coastal resources. The Town of Nags Head supports this principal in the CZMA and CAMA programs. Dunes: Page 105 • The oceanfront dunes represent the first line of defense in protecting property and lives from the affects of the ocean. Maintenance and preservation of these dunes are important for the welfare of the Town and its citizens and visitors. The Town supports the CAMA rules in oceanfront development. Density of redevelopment: Page 108 • Redevelopment shall be consistent with existing development that was in place before the storm event as well as the redevelopment patterns contained in the Land Classification Map and the zoning ordinance. • As the amount of available vacant oceanfront land diminishes the Town can expect redevelopment of existing sites. It is the Town's position that the existing oceanfront development regulations adequately address concerns such as building height and density, and that currently allowed and permitted uses adequately represent the desired uses for the oceanfront. (Also Development constraints— land availability, Page 81) Preservation of dunes and topography: Page 154 • The Town views the preservation of dunes and topography as an important component in the Nags Head image and shall strictly enforce the existing applicable rules and regulations and seek additional measures as needed to preserve as much of the natural topography as possible. Damage oceanfront structures: Page 154 • The Town recognizes that damaged homes and structures on the oceanfront represent a nuisance, eyesore and visual blight and the Town shall take appropriate measures to abate this nuisance. cc: John Thayer, Manager, CAMA Local Planning and Access Programs 1367 U.S. 17 South, Elizabeth City, North Carolina 27909 to frsk( z0or Wk(Lo 'bwt` \NA74RQ Michael F.Easley,Governor William G.Ross Jr.,Secretary UVjn�_ V; , North Carolina Department of Environment and Natural Resources Alan W.Klimek,P.E.Director Division of Water Quality May 5, 2005 Mr. Gary Hesselbacher,Managing Member VDT, LLC 55 Perry Dr. Mt,Holly,NJ 08060 Subject: Stormwater Permit No. SW7050503 Sea Oatel Motel General Stormwater Permit Dare County Dear Mr.Hesselbacher: The Washington Regional Office received the completed Stormwater Application and supporting information on May 2, 2005. Staff review of the plans and specifications has determined that the project, as proposed, will comply with the Stormwater Regulations set forth in Title 15A NCAC 2H.1000. We are forwarding Permit No. SW7050503 dated May 5, 2005 to VDT,LLC for the subject project. This permit shall be effective from the date of issuance until rescinded and shall be subject to the conditions and limitations as specified therein. Any future development at this site will require an additional Stormwater review and a permit for any Stormwater control measures deemed appropriate. 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 filed with the office of Administrative Hearings, 6714 Mail Service Center, Raleigh,NC 27699-6714. Unless such demands are made this permit shall be final and binding. If you have any questions, or need additional information concerning this matter, please contact either Scott Vinson or me at(252)946-6481. incerely, Al Hodge Regional Supervisor Surface Water Protection Section cc: Chris Catron,Ware Realty &Construction David Moye, CAMA Washington Regional Office Central Files NNpr hCat tun North Carolina Division of Water Quality Washington Regional Office Phone(252)946-6481 FAX(252)946-9215 Customer Service Internet: h2o.enr.state.nc.us 943 Wnshington Square Mail,Washington,NC 27889 1-877-623-6748 State Stormwater Management Systems Permit No. SW7050503 STATE OF NORTH CAROLINA DEPARTMENT OF ENVIRONMENT AND NATURAL RESOURCES DIVISION OF WATER QUALITY STATE STORMWATER MANAGEMENT GENERAL PERMIT In accordance with the provisions of Article 21 of Chapter 143,General Statutes of North Carolina as amended, and other applicable Laws,Rules and Regulations PERMISSION IS HEREBY GRANTED TO VDT,LLC Dare County FOR THE construction, operation and maintenance of stormwater management systems in compliance with the provisions of 15A NCAC 2H.1000(hereafter referred to as the "stormwater rules")and the approved stormwater management plans and specifications, and other supporting data as attached and on file with and approved by the Division of Water Quality and considered a part of this permit for grassed swales and buffers to serve the proposed Clearing and Grading project in Dare County. The Permit shall be effective from the date of issuance until rescinded and shall be subject to the following specific conditions and limitations. I. DESIGN STANDARDS 1. The total project area included 4.3 acres. No new impervious area is proposed. The existing motel and all impervious area are to be removed per plans. 2. Approved plans and specifications for projects covered by this permit are incorporated by reference and are enforceable parts of the permit. 3. Only clearing and grading activities are permitted. The permittee must submit a modification and receive approval prior to the construction of any built-upon surfaces. 4. No stormwater piping in addition to the proposed piping shall be allowed except: a. That minimum amount necessary to direct runoff beneath an impervious surface such as a road. b. That minimum amount needed under driveways to provide access to lots. 5. The only runoff conveyance systems allowed will be vegetated conveyances such as swales with minimum side slopes of 3:1 (H:V)as defined in the stormwater rules and approved by the Division. II. SCHEDULE OF COMPLIANCE 1. Grasslined swales,vegetated buffers and other Best Management Practices used for stormwater runoff control shall be adequately maintained throughout the life of the project. 2. The permittee shall at all times provide adequate erosion control measures in conformance with the approved Erosion Control Plan. 3. The permittee shall submit all information requested by the Director or his representative within the time frame specified in the written information request. III. GENERAL CONDITIONS 1. Failure to abide by the conditions and limitations contained in this permit may subject the Permittee to an enforcement action by the Division of Water Quality, in accordance with North Carolina General Statutes 143-215.6A to 143.215.6C. 2. The permit may be modified,revoked or terminated for cause. The filing of a request for a permit modification,or termination does not void any permit condition. 3. The issuance of this permit does not prohibit the Director from reopening and modifying laws,rules, and regulations contained in Title 15A of the North Carolina Administrative Code, Subchapter 2H.1000; and North Carolina General Statute 143-215.1 et.al. 4. The following items will require a modification to the permit: a. Any revision to the approved plans,regardless of size b. Project name change C. Change of ownership d. Redesign or addition to the approved amount of built-upon area. e. Further subdivision of the project area f. In addition,the Director may determine that other revisions to the project should require a modification to the permit. 5. For any additions or modifications of the previously permitted built-upon area,the permittee shall submit to the Director revised plans and specifications and shall receive approval prior to construction. 6. The Director may notify the permittee when the permitted site does not meet one or more of the minimum requirements of the permit. Within the time frame specified in the notice,the permittee shall submit a written time schedule to the Director for modifying the site to meet minimum requirements. The permittee shall provide copies of revised plans and certification in writing to the Director that the changes have been made. 7. The permit is not transferable to any person except after notice to and approval by the Director. The Director may require modification or revocation and reissuance of the permit to change the name and incorporate such other requirements as may be necessary. A formal permit request must be submitted to the Division of Water Quality accompanied by the appropriate fee, documentation from both parties involved,and other supporting materials as may be appropriate. The approval of this request will be considered on its merits, and may or may not be approved. 8. The issuance of this permit does not preclude the Permittee from complying with any and all statutes, rules, regulations, or ordinances which may be imposed by other government agencies(local, state and federal)which have jurisdiction. Permit issued this the 5th day of May, 2005. NORTH CAROLINA ENVIRONMENTAL MANAGEMENT COMMISSION ._. u,�, �, � for Alan W. Klimek,PE,Director Division of Water Quality By Authority of the Environmental Management Commission Permit Number SW7050503 R • DIVISION OF LAND RESOURCES LAND QUALITY SECTION May 4, 2005 MEMORANDUM TO: David Moye Division of Coastal Management FROM: Pat McClain Regional Engineer Washington Regional Office RE: LQS Comment on Express Major Permit Application for VDT, LLC in Town of Nags Heads - Dare County The Town of Nags Head has a Local Erosion and Sedimentaion Control Program. This project will fall under their jurisdiction. Contact information is below: Town of Nags Head Kim Allen PO Box 99 Nags Head, NC 27959 (252) 441-5508 fax: (252) 441-4680 allen@townofnagshead.net �o z North Carolina Department of Environment and Natural Resources 9� Division of Coastal Management 30 Michael F. Easley, Governor Charles S. Jones, Director William G. Ros�f Secr �• 3 May 2005 wo, t EXPRESS PERMIT REVIEW PROGRAM Q� MEMORANDUM TO: Doug Huggett Division of Coastal Management FROM: David W. Moye Express Permits Coordinator SUBJECT: CAMA Permit Application Review Applicant: VDT, LLC Gary Hesselbacher Project Location: 7123 South Virginia Dare Trail in the Town of Nags Head, adjacent NC 12 on the Atlantic Ocean in Dare County, North Carolina Proposed Project: Applicant proposes to remove the existing Quality Inn - Seaoatel Motel and return the site to a natural condition. Please indicate below your agency's position or viewpoint on the proposed project and return this form to David W. Moye at 943 Washington Square Mall, Washington, North Carolina 27889, by 24 May 2005. If you have any questions regarding the proposed project, please contact David W. Moye at 252- 948-3852. When appropriate, in-depth comments with supporting data is 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 943 Washington Square Mall,Washington,North Carolina 27889 Phone:252-946-6481 1 FAX:252-948-0478 1 Internet:www.nccoastaimanagement.nev An Equal Opportunity 1 Affirmative Action Employer—50%Recycled 110%Post Consumer Paper C aL+ aoo S- a z 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 3 May 2005 EXPRESS PERMIT REVIEW PROGRAM ^ MEMORANDUM MAY TO: Charlan Owens 14, A, ; r Division of Coastal Management (� t,A(`'^ `YTC FROM: David W. Moye Express Permits Coordinator SUBJECT: CAMA Permit Application Review Applicant: VDT, LLC Gary Hesselbacher Project Location: 7123 South Virginia Dare Trail in the Town of Nags Head, adjacent NC 12 on the Atlantic Ocean in Dare County, North Carolina Proposed Project: Applicant proposes to remove the existing Quality Inn - Seaoatel Motel and return the site to a natural condition. Please indicate below your agency's position or viewpoint on the proposed project and return this form to David W. Moye at 943 Washington Square Mall, Washington, North Carolina 27889, by 24 May 2005. If you have any questions regarding the proposed project, please contact David W. Moye at 252- 948-3852. When appropriate, in-depth comments with supporting data is 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. SI ED DATE S-Z�—oSi 943 Washington Square Mall,Washington,North Carolina 27889 Phone:252-946-6481 1 FAX:252-948-0478 1 Internet:www.nccoastalmanagement.neV An Equal Opportunity 1 Affirmative Action Employer—50%Recycled 110%Post Consumer Paper s 0 ti , 06-C& C- twx z 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 3 May 2005 Morehead City EXPRESS PERMIT REVIEW PROGRAM MEMORANDUM ♦♦' "�'^ ���-y TO: Ted Sampson, District Manager MAY Division of Coastal Management 5 2005 FROM: David W. Moye ��'� Express Permits Coordinator SUBJECT: CAMA Permit Application Review Applicant: VDT, LLC Gary Hesselbacher Project Location: 7123 South Virginia Dare Trail in the Town of Nags Head, adjacent NC 12 on the Atlantic Ocean in Dare County, North Carolina Proposed Project: Applicant proposes to remove the existing Quality Inn - Seaoatel Motel and return the site to a natural condition. Please indicate below your agency's position or viewpoint on the proposed project and return this form to David W. Moye at 943 Washington Square Mall, Washington, North Carolina 27889, by 24 May 2005. If you have any questions regarding the proposed project, please contact David W. Moye at 252- 948-3852. When appropriate, in-depth comments with supporting data is requested. REPLY: 74 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 • 943 Washington Square Mall,Washington,North Carolina 27889 Phone:252-946-6481 1 FAX:252-948-0478 1 Internet:www.nccoastalmanagement.neU An Equal Opportunity 1 Affirmative Action Employer—50%Recycled 110%Post Consumer Paper A COASTgT� z MAY — 5 2005 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 Ma'y2005 EXPRESS PERMIT REVIEW PROGRAM MEMORANDUM TO: Sara Winslow — For: Preston P. Pate, Director D E Cr Division of Marine Fisheries FROM: David W. Moye MAY 1 2 2005 Express Permits Coordinator SUBJECT: CAMA Permit Application Review ADMIN SERVICES Applicant: VDT, LLC Gary Hesselbacher Project Location: 7123 South Virginia Dare Trail in the Town of Nags Head, adjacent NC 12 on the Atlantic Ocean in Dare County, North Carolina Proposed Project: Applicant proposes to remove the existing Quality Inn - Seaoatel Motel and return the site to a natural condition. Please indicate below your agency's position or viewpoint on the proposed project and return this form to David W. Moye at 943 Washington Square Mall, Washington, North Carolina 27889, by 24 May 2005. If you have any questions regarding the proposed project, please contact David W. Moye at 252- 948-3852. When appropriate, in-depth comments with supporting data is requested. REPLY: This agency has no objection to the project as proposed. This agency has no comment on the proposed project. vj` t This agency approves of the project only if the recommended changes are 11 incorporated. See attached. May 3 This agency objects to the project for reasons described in the attached �AA ki N; comments. SIGNED DATE J ­0 943 Washington Square Mall,Washington,North Carolina 27889 Phone:252-946-6481 1 FAX:252-948-0478 1 Internet:www.nccoastalmanagement.nev An Equal Opportunity 1 Affirmative Action Employer—50%Recycled 110%Post Consumer Paper �oa�t CDAST,gT� k4b.kW Vlz � a z 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 tLl 1..�, is � Is H 3 May 2005 ---� EXPRESS PERMIT REVIEW PROGRAM ?d MAY 12 2Z MEMORANDUM SHELLFISH SANITATION TO: Patty Fowler,NCDENR Division of Environmental Health Shellfish Sanitation Section 2 Q U_�S I { FROM: David W. Moye Express Permits Coordinator MAY ! SUBJECT: CAMA Permit Application Review SHEL4 FISH SANITATIO Applicant: VDT, LLC Gary Hesselbacher Project Location: 7123 South Virginia Dare Trail in the Town of Nags Head, adjacent NC 12 on the Atlantic Ocean in Dare County, North Carolina Proposed Project: Applicant proposes to remove the existing Quality Inn — Seaoatel Motel and return the site to a natural condition. Please indicate below your agency's position or viewpoint on the proposed project and return this form to David W. Moye at 943 Washington Square Mall, Washington, North Carolina 27889, by 24 May 2005. If you have any questions regarding the proposed project, please contact David W. Moye at 252- 948-3852. When appropriate, in-depth comments with supporting data is 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 r6l DATE S I y y S' 943 Washington Square Mall,Washington,North Carolina 27889 Phone:252-946-6481 1 FAX:252-948-0478 1 Internet:www.nccoastalmanagement.ney An Equal Opportunity 1 Affirmative Action Employer—50%Recycled 110%Post Consumer Paper 9#,e,91b ih1►`t too5" coesaet �►0.0 � D MAY 12 2005 North Carolina Department of Environment and Natural Resou!ti Division of Coastal Management ���STR�IT >� OFFICMichael F. Easley, Governor Charles S. Jones, Director Willia oss,J3 May 2005 EXPRESS PERMIT REVIEW PROGRAM 1gMDlID>E 9MFl0NAE ft1W { MEMORANDUM tw ro� p ddde TO: Ken tact FbW OW. Department of Transportation M Lty 9 2005 FROM: David W. Moye Express Permits Coordinator DNi SUBJECT: CAMA Permit Application Review y� � �.oWtllrllr -- Applicant: VDT, LLC Gary Hesselbacher Project Location: 7123 South Virginia Dare Trail in the Town of Nags Head, adjacent NC 12 on the Atlantic Ocean in Dare County, North Carolina Proposed Project: Applicant proposes to remove the existing Quality Inn - Seaoatel Motel and return the site to a natural condition. Please indicate below your agency's position or viewpoint on the proposed project and return this form to David W. Moye at 943 Washingtonquare Mall, Washington, North Carolina 27889, by 24 May 2005. If you have any questions regarding the proposed project, please contact David W. Moye at 252- 948-3852. When appropriate, in-depth comments with supporting data is 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 5- I Z U 0 943 Washington Square Mall,Washington,North Carolina 27889 Phone:252-946-6481 1 FAX:252-948-0478 1 Internet:www.nccoastalmanagement.neU An Equal Opportunity 1 Affirmative Action Employer—50%Recycled 110%Post Consumer Paper Q,j 16 a�coasrq�� l7 �s a i 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 3 May 2005 EXPRESS PERMIT REVIEW PROGRAM nr MEMORANDUM �ti���311 gS6' MAY C' TO: Maria Tripp % RECEIVED � NC Wildlife Resources Commission Habitat Cw servaticn ti FROM: David W. Moye Express Permits Coordinator SUBJECT: CAMA Permit Application Review Applicant: VDT, LLC Gary Hesselbacher Project Location: 7123 South Virginia Dare Trail in the Town of Nags Head, adjacent NC 12 on the Atlantic Ocean in Dare County, North Carolina Proposed Project: Applicant proposes to remove the existing Quality Inn - Seaoatel Motel and return the site to a natural condition. Please indicate below your agency's position or viewpoint on the proposed project and return this form to David W. Moye at 943 Washington Square Mall, Washington, North Carolina 27889, by 24 May 2005. If you have any questions regarding the proposed project, please contact David W. Moye at 252- 948-3852. When appropriate, in-depth comments with supporting data is requested. REPLY: This agency has no objection to the project as proposed. V/ 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 5/1, 1 fl s 943 Washington Square Mall,Washington,North Carolina 27889 Phone:252-946-6481 1 FAX:252-948-0478 1 Internet:www.nccoastalmanagement.neV An Equal Opportunity 1 Affirmative Action Employer—50%Recycled 110%Post Consumer Paper R,Z c,Q I b m uboJ oaoFCOASr41� W•..RaWY'4'— 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 pp�� 3 May 2005 vtV1 EXPRESS PERMIT REVIEW PROGRAM MEMORANDUM TO: Joe Henderson Department of Administration FROM: David W. Moye Express Permits Coordinator . - SUBJECT: CAMA Permit Application Review MAY :1 0 2005 Applicant: VDT, LLC Moreheed City O(M Gary Hesselbacher Project Location: 7123 South Virginia Dare Trail in the Town of Nags Head, adjacent NC 12 on the Atlantic Ocean in Dare County, North Carolina Proposed Project: Applicant proposes to remove the existing Quality Inn — Seaoatel Motel and return the site to a natural condition. Please indicate below your agency's position or viewpoint on the proposed project and return this form to David W. Moye at 943 Washington Square Mall, Washington, North Carolina 27889, by 24 May 2005. If you have any questions regarding the proposed project, please contact David W. Moye at 252- 948-3852. When appropriate, in-depth comments with supporting data is 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. S r_ SIGNED DATE b S l�-I 943 Washington Square Mall,Washington,North Carolina 27889 Phone:252-946-6481 1 FAX:252-948-0478 1 Internet:www.nccoastalmanagement.nev An Equal Opportunity 1 Affirmative Action Employer—50%Recycled 110%Post Consumer Paper ti 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 3 May 2005 "1JW1+;0i1eaU U6. �CA� EXPRESS PERMIT REVIEW PROGRAM M MEMORANDUM TO: Gloria Nance-Sims, Director Division of Community Assistance FROM: David W. Moye Express Permits Coordinator SUBJECT: CAMA Permit Application Review Applicant: VDT, LLC Gary Hesselbacher Project Location: 7123 South Virginia Dare Trail in the Town of Nags Head, adjacent NC 12 on the Atlantic Ocean in Dare County, North Carolina Proposed Project: Applicant proposes to remove the existing Quality Inn — Seaoatel Motel and return the site to a natural condition. Please indicate below your agency's position or viewpoint on the proposed project and return this form to David W. Moye at 943 Washingtonquare Mall, Washington, North Carolina 27889, by 24 May 2005. If you have any questions regarding the proposed project, please contact David W. Moye at 252- 948-3852. When appropriate, in-depth comments with supporting data is requested. REPLY: This agency has no objection to the project as proposed. 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 943 Washington Square Mall,Washington,North Carolina 27889 Phone:252-946-6481 \ FAX:252-948-0478 \ Internet:www.nccoastalmanagement.neV An Equal Opportunity\Affirmative Action Employer—50%Recycled\10%Post Consumer Paper R2e� 4 ft\lk( LOOS ti 3 z 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 3 May 2005 EXPRESS PERMIT REVIEW PROGRAM IViurehead City DCM MEMORANDUM To: STORMWATER DECEIVED Scott Vinson-Express Permits MAY 0 3 2005 Coordinator Division of Water Quality DWQ-WARO FROM: David W. Moye Express Permits Coordinator SUBJECT: CAMA Permit Application Review Applicant: VDT, LLC Gary Hesselbacher Project Location: 7123 South Virginia Dare Trail in the Town of Nags Head, adjacent NC 12 on the Atlantic Ocean in Dare County, North Carolina Proposed Project: Applicant proposes to remove the existing Quality Inn — Seaoatel Motel and return the site to a natural condition. Please indicate below your agency's position or viewpoint on the proposed project and return this form to David W. Moye at 943 Washington Square Mall, Washington, North Carolina 27889, by 24 May 2005. If you have any questions regarding the proposed project, please contact David W. Moye at 252- 948-3852. When appropriate, in-depth comments with supporting data is 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 5�_Y 7 0 5 943 Washington Square Mall,Washington,North Carolina 27889 Phone:252-946-6481 1 FAX:252-948-0478 1 Internet:www.nccoastalmanagement.ney An Equal Opportunity 1 Affirmative Action Employer—50%Recycled 110%Post Consumer Paper Rktll 4 T AV, ZOO S- ~ �pF COAST41 W -(La \;r\ z i1 z 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 3 May 2005 Morehead Cily CCM EXPRESS PERMIT REVIEW PROGRAM MEMORANDUM TO: Pat McClain For: Jim D. Simmons, P.G.,P.E., Director Division of Land Resources FROM: David W. Moye Express Permits Coordinator SUBJECT: CAMA Permit Application Review • Applicant: VDT, LLC Gary Hesselbacher Project Location: 7123 South Virginia Dare Trail in the Town of Nags Head, adjacent NC 12 on the Atlantic Ocean in Dare County, North Carolina Proposed Project: Applicant proposes to remove the existing Quality Inn — Seaoatel Motel and return the site to a natural condition. Please indicate below your agency's position or viewpoint on the proposed project and return this form to David W. Moye at 943 Washingtonquare Mall, Washington, North Carolina 27889, by 24 May 2005. If you have any questions regarding the proposed project, please contact David W. Moye at 252- 948-3852. When appropriate, in-depth comments with supporting data is 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. l y SIGNED DATE 943 Washington Square Mall,Washington,North Carolina 27889 Phone:252-946-6481 1 FAX:252-948-0478 1 Internet:www.nccoastalmanagement.nev An Equal Opportunity 1 Affirmative Action Employer—50%Recycled 110%a Post Consumer Paper apF COAMT4, ti i 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 3 May 2005 EXPRESS PERMIT REVIEW PROGRAM RECEIVED MEMORANDUM VAY 0 3 2005 TO: 401BUFFER Tom Steffens DWQ_WARO Division of Water Quality FROM: David W. Moye Express Permits Coordinator SUBJECT: CAMA Permit Application Review Applicant: VDT, LLC Gary Hesselbacher Project Location: 7123 South Virginia Dare Trail in the Town of Nags Head, adjacent NC 12 on the Atlantic Ocean in Dare County, North Carolina Proposed Project: Applicant proposes to remove the existing Quality Inn - Seaoatel Motel and return the site to a natural condition. Please indicate below your agency's position or viewpoint on the proposed project and return this form to David W. Moye at 943 Washington Square Mall, Washington, North Carolina 27889, by 24 May 2005. If you have any questions regarding the proposed project, please contact David W. Moye at 252- 948-3852. When appropriate, in-depth comments with supporting data is 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. I � i SIGNED U�, -,t � DATE � ✓� �b� a P 943 Washington Square Mall,Washington,North Carolina 27889 Phone:252-946-6481 1 FAX:252-948-0478 1 Internet:www.nccoastalmanagement.ney An Equal Opportunity 1 Affirmative Action Employer—50%Recycled 110%Post Consumer Paper o� UWits a a' z MAY 4 2005 North Carolina Department of Environment and Natural Reso% ��1vOFE Division of Coastal Management Michael F. Easley, Governor Charles S. Jones, Director William G. Ross,Jr.,Secretary 3 May 2005 EXPRESS PERMIT REVIEW PROGRAM MEMORANDUM O S TO: Renee Gledhill-Early Department of Cultural Resources N �/0% FROM: David W. Moye Express Permits Coordinator (� SUBJECT: CAMA Permit Application Review Applicant: VDT, LLC Gary Hesselbacher Project Location: 7123 South Virginia Dare Trail in the Town of Nags Head, adjacent NC 12 on the Atlantic Ocean in Dare County, North Carolina Proposed Project: Applicant proposes to remove the existing Quality Inn — Seaoatel Motel and return the site to a natural condition. Please indicate below your agency's position or viewpoint on the proposed project and return this form to David W. Moye at 943 Washington Square Mall, Washington, North Carolina 27889, by 24 May 2005. If you have any questions regarding the proposed project, please contact David W. Moye at 252- 948-3852. When appropriate, in-depth comments with supporting data is 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. a " 4�5 �E ti l�4 US MAY i ' 1005 943 Washington Square Mall,Washington,North Carolina 27889 Phone:252-946-6481 1 FAX:252-948-0478 1 Internet:www.nccoastalmanagement.neU MAY 0 5 2005 An Equal Opportunity 1 Affirmative Action Employer—50%Recycled 110%Post Consumer Paper o1+000MT414J �Ie.ccs 11 Sint ZC�7 • .0750� North Carolina Department of Environment and Natural Resources Division of Coastal Management +.. i,. Michael F. Easley, Governor Charles S. Jones, Director WII . Ross,Jr Secr t� 3 May 2005 ' 49 EXPRESS PERMIT REVIEW PROGRAM QJ MEMORANDUM 40, (� Cyndi Karoly Division of Water Quality y MAY � 2005 FR David W. MoyeR. C1p Express Permits CoordinatorpSANcg SUBJECT: CAMA Permit Application Review Applicant: VDT, LLC Gary Hesselbacher Project Location: 7123 South Virginia Dare Trail in the Town of Nags Head, adjacent NC 12 on the Atlantic Ocean in Dare County, North Carolina Proposed Project: Applicant proposes to remove the existing Quality Inn - Seaoatel Motel and return the site to a natural condition. Please indicate below your agency's position or viewpoint on the proposed project and return this form to David W. Moye at 943 Washington Square Mall, Washington, North Carolina 27889, by 24 May 2005. If you have any questions regarding the proposed project, please contact David W. Moye at 252- 948-3852. When appropriate, in-depth comments with supporting data is requested. REPLY: This agency has no objection to the proI�ct as prop ed. / /U) �jI V(e �«� V This agency has no comment on the proposer 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 ci,.-� DATE I4 o 943 Washington Square Mall,Washington,North Carolina 27889 Phone:252-946-6481 1 FAX:252-948-0478 1 Internet:www.nccoastalmanagement.neV An Equal Opportunity 1 Affirmative Action Employer—50%Recycled 110%Post Consumer Paper May 02 05 12: 23p Ware Realty 252 473 2628 p . 4 Feb 18 05 01 : 57p Town of nags Head 12524414290 p.2 Y W Town of Nags Head Planning and Development Post office Box 99 Telephone 252-441-7016 Department Nags Head,North Carolina 27959 FAX 252-441-4290 w-arw.townofnagshea&net February 18,2005 Ms_Stacy Asbell,Esq. (via fax origins]mailed) Blank Rome,LLP One Logan Square 18"& Cherry Streets Philadelphia,PA 19103 Re: VDT,LLC properties Dear_Vis.AsbeIl: To the best of my knowledge,each of the properties referenced in your letter to me dated February 16,2005(Lots 9,10,11,12,13,14,15, and 16 Section 8 Whalebone Beaches Dare County PIN 9 140800I5732906)appear to be eligible for a building permit for one(1)single family house provided: Any single-family building plan submitted for each the lots shall fully comply with the requirements of all applicable sections of the Town of Nags Head Code of Ordinances,the North Carolina Building Code, the Town of Nags Head Zoning Ordinance,Dare County health Department septic regulations,North Carolina Department of Coastal Management(CAMA) ocean-front development regulations,Federal Emergency Management Act(flood)regulations,and all other applicable regulations. If you have any questions please don't hesitate to contact me at(252)449-6045. Have a pleasant weekend? 3�erely, � CJJJ��lO Y P 4&-�f Zoning Administrator Town of Nags Head �0 COA11419 a 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 3 May 2005 Coastland Times Post Office Box 400 Manteo, NC 27954 Attention: Legal Advertising Department Please include the enclosed Notice of Filing in the Public Notice section of the 5 May 2005 edition of your newspaper. If it will not be possible to include this notice in that edition, or if you should have any questions about this notice, please call me as soon as possible at 948-3812. 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 notices, and an original invoice to: JAYE POOLE NCDENR COASTAL MANAGEMENT DIVISION 1638 MAIL SERVICE CENTER RALEIGH, NC 27699-1638 Thank you. Sincerely, Sandra Gordon Secretary, Division of Coastal Management c: Doug Huggett Original faxed: Original mailed: '--�--3 None ithCarolina 943 Washington Square Mall,Washington,North Carolina 27889 Natltl'ltllf Phone:252-946-6481 1 FAX:252-948-0478 1 Internet:www.nccoastalmanagement.nev An Equal Opportunity 1 Affirmative Action Employer—50%Recycled 110%Post Consumer Paper NOTICE OF FILING OF APPLICATION FOR CAMA MAJOR DEVELOPMENT PERMIT EXPRESS PERMIT REVIEW PROGRAM The Department of Environment and Natural Resources hereby gives public notice as required by N.C.G.S. 113A-119(b) that an application for a development permit in an Area of Environmental Concern as designated under the Coastal Area Management Act (CAMA) was received on 02 May 2005. According to the said application, VDT, LLC proposes to demolish the existing Quality Inn — Sea Oatel and return the site to natural conditions, on NC 12, at 7123 South Virginia Dare Trail, adjacent the Atlantic Ocean, in the Town of Nags Head, in Dare County, North Carolina. A copy of the entire application may be examined or copied at the office of David Moye, 943 Washington Square Mall, Washington, NC 27889, during normal business Hours. Public comments received by 30 May 2005 will be considered. Later comments will be accepted and considered up to the time of permit decision. Project modifications may occur based on further review and comments. Notice of the permit decision in this matter will be provided upon written request. David W. Moye Express Permit Coordinator 943 Washington Square Mall Washington, North Carolina 27889 252-948-3852 PLEASE PUBLISH ON: 05 May 2005 L North Carolina Department of Environment and Natural Resources Division of Coastal Management Michael F. Easley, Governor Charles S. Jones, Director Willie. Ross, Jr.,Secre ry 10 02 May 2005 �+ VDT, LLC C/O Chris Catron = Ware Realty& Construction. Inc. s Post Office Box 1131 Manteo,North Carolina 27954 5-0 Dear Mr. Catron: The NC Division of Coastal Management hereby acknowledges receipt of an application on behalf of VDT, LLC for State approval for the removal of the Quality Inn— Sea Oatel located at 7123 Virginia Dare Trail (NC 12) adjacent the Atlantic Ocean within the Town of Nags Head in Dare County,North Carolina. It was received as complete on 02 May 2005, and appears to be adequate for processing at this time. You have requested that the application be processed under the Express Review Permitting Program. Under this expedited process, the projected deadline for making a decision will be around 1 June 2005. 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. Sincerely, David W. Moye DCM Express Permit Coordinator Washington Regional office Enclosure Cc: Doug Huggett—Major Permits Coordinator, Morehead City, DCM Ted Sampson—District Manager, Morehead City, DCM 943 Washington Square Mall,Washington,North Carolina 27889 Phone:252-946-6481 1 FAX:252-948-0478 1 Internet:www.nccoastalmanagement.nev An Equal Opportunity 1 Affirmative Action Employer—50%Recycled 110%Post Consumer Paper r i No 4 1 (000 IMA AMA ERMIT APPLIED FOR I It - - t 't a&-% ROJ ECAb . a • • f • alm's • 1 COMMENTS ACCEPTED THROUGH APPLICANT: FOR MORE DETAILS CONTACT THE LOCAL PERMIT OFFICER BELOW:. ob dA s Cr. rr.e�• Y `+� s"sawmL_Ewl - Zti Z • %ol%• 433ti Z�Z• +��1�L • '��fi Z May 02 05 12: 23p Ware Realty 252 473 2628 p . 2 SENDER: Cor,,IPLIFTS THIS SECTION A Signature AWnt n Complete items 1,2,and 3-Also ccmpieLa item 4 if Restricted Delivery is desired. X ■ Prirlt your name and address on the reverse Prir>Ted Name) O of very so that we can return the card to you. e. Received by( s Attach this card to the back of the maiipiece, Yes w ' or on the fro liv address d18 from item 1 front if space permits• / deery - No 1. Article Add rasd if YES,enter delivery address below: 3. service Type Q rtified Mall Ci ExP—Mal Reegis►ered 0 Return Receipt for Merchandise ❑Insured Mad 0 C.O-D_ 4. Restricted Delivery?(F�Fee) Q Yes 2. Article Number 1350 000f� 96-?9 $2?� {Transfer from service labeo tozsss oz-nFtsnu PS Form 3811,February 2004 Domestic Return Receipt SENDER: • • ■ Complete items 1,2,and 3.Also complete A. Cl Ag nt item 4 if Restricted Delivery is desired. x a v Print your name and address on the reverse n nrocf Name) r so that we can return the card to you. EL ed by ! Attach this card to the back of the malipiece, , or on the front d space permits. D Is delivery address different horn item 1 Q Y 1. ARkde Addressed to: if YES,enter delivery address below: Cl No VA ! ,. L..t.?I%.r4� ��rA�.A•W�iJC4� 3. service Type -P � PCer lied Mad ❑Express Mail OO` ID Register 0 Return Receipt for Merchand se ❑Insured Mail CI O.O.O. 4. Restricted Delivery?(Extra Fee) Q Yes z Articlr Nun-ter ?13U4 1350 0000 9$79 82,6S (Trarsfer from swo a label) 102595-02-M-1 540 Ps Form 3811,February 2004 Domestic Aetum Receipt May 02 05 12: 23p Ware Realty 252 473 2628 p. 3 UMTED STATES POSTAL SERVICE =Nc,G-1 • Sender: Please print your name, address, and ZIP+4 in this box • -let S- �,� 11i�I�111i1l I(lll�tlili£!lill{lll£II!Mil!liltt 11 11 El l£II1: First-Class FAail UNITED STATES QOSTAL SERVICE Postago&Fees Paia - - LISPS. Permit Fio.G-'10 • Sender. Please print your name, address,and ZIP+4 in this box ` �VMR.6 Qtc�`p`►��'� ------------- �} }!lt!iY'?11l1i:;ElIS£lift{!E!IIllllltl��!!!i lilt �!`.{t�FrIf33 s i 5°G0449 DIM COUNTS rC 0 124P99 .Dook 12 85960.00 Pans 0449 04M .��...� i s yn :1i !,�ppgG J1 (Teal Ea1W fIIEQ .iJ( V ( ExGlaa TtR j 2;T'� ORRE CDUtITY HC I W 0944/19" 4150 PM arcordnST �,E Tax Lot No. Parcel k"rcr N0, ill tl)l Wa16711dN ug4 t M Vv114d by Cawnry oo the__day —1X1`I by Mail after iec-d ft to:Grantee This Inruamont wU proparod by; Poyncr a SprAl.LLP,100 NoM Tryon 9troa.SWU 40K Charlotte,North Cmrolina 2tM4010 Drier Dw ipum fur the hWm Pearsall TWIN C4111AIM&Y12 NORTH CAROLINA SPECIAL WARRANTY DEED THIS DEED made this 10"day of S ber,1999,by and between GRANTOR GRAIYIEE MACK B.PEARSALCAnd VDT,LLC,a North Carolina limited►lability vromlAny .THOMAS J..PEARSALL.,JR. (unmarried) 55 Parry Drive Pm Office Box 7965 Mount Holly,New Jereey 08060 300 N.Winstead Avcnuc Rocky Mount,North Carolin 27804 •A Free Trader a.rM.rw�r.Yrw.nbr..wa.,v+rrM aaanr.era,UalM'Yau.""""" r,a,r,rr,.�Y..r.p,ri19 IIThe designation Grantor and Grantee as used herein shall include said parties,their heirs,succcrarm,and ossigna,and shot include singular,plural,masculine,fcmininc or nester as required by context. WITNESSETH;that the Grantor,for a valuabic considtxation paid by the Grantee,the receipt of which is hereby acknowledged,has surd by these presents does grant bargain,soli and convey unto the Grant c in fa simple,all that certain lot o parccl of land situated in the City of Nags Head,Township of Nags Head,Dam County,North Caroliru and more particularly dcscribul as follows; SEE EXHIBIT A ATTACHED HERETO AND INCORPORATED HEREIN.BV REFERENCE DARE. t''?r�� COUNTY —_ L-f• Sat - ?�,Yoti tp .� cruuryrrvn+at.st . --•.M:sa�s�:�>s-;sr:�ate;��%:-,� ...�.��^'� -a;'�r,�r: - .,.�rz-;- .. eK { 295PGO4' 50 The property heminabove tlacn'bcd was acquired by Dr,,w by instrument rcc.c kd in Gook__,Page A map showing the abov"Cs"fbed property is ra"ded in Map Cabinet_,r.ge__• TO HAVE AND TO HOLD the aforesaid lot Or parcel of land ad all privileges attd'np{wUnartm therein belmtEtng tothe Omn-is I foe simple. AND the Grant x covenants whit the Grants,that Grantor has done nothing.to imp■rr such title as Grantor received,and Granear will warrant and defend the title against the lawNl.elinns of all persons eiaiming by,Ueda or through.Grantor,eA"Pot the exceptions hmin,After stated- Title to the property hweinabove destn'bed is subject to the following exceptions: 1 See Exhibit H attaChed henm and Incorporated herein by refereace, 1N WITNESS WHEREOF,the Grantor hoc heraunto set Itls hand and seal,of ifcorpmW has caused this hietnrmentso be signed i in its corporate me by its duly audtorlxed officers and its seal to be hereunto affixed by au rity of its Dowd of Dlrxton,tits day and ta year first above written. .. - CORPORATE NAME ., 4f�3}(itUnescstv�strtll.SATI'At'�i®HFR�f4_MAW By: Vice PNaldam (SEAL) ATTEST: Secretary(Corporate SW) (SEAL) STATE Of COUNTY OF !� I .a Notary public of the Cushy end Stem eforesxid,do hacby eenify that personally came before me this day and tack xtwkdgM that hUshe is Secretary of —,a I corporation,and that by authority duly given end es the ad Of the ctv}wrnion,the foregoing Irutramentwas signed In itsname by ,Its Vice President,wled with its corporate teat and attested by himselfrhmmif w its—Secretary, W intcaa my hand and offwid sump or aea1,thu the_day of ... . Notary Public My Commission EKpires: (OFFICUL SEAL SrXfE OF NURTHUARULINA,COUN'I•Y UM UAitb 7ba ruregoing t:0011ntgs)or _Is/aro catifled ta ba mneet Ibis Inswmmt and this rsrdncaic arc duty fwad at tl+date and dete and in dw hook and hp showe.on the fuv paac hamf. This day of ,19 . RPAISTER Or E)FMS P0R DARP COUNTY By Dap WAssis- R&- of Doods . . it i nuatarrart++st vai ' -�;n.'M�n !'::,.:•. �-:r.".r..5...'•L_S�9G_�rt:�r•1mraSF,^:•.`.:;vim. l9CrcylY!:FVD".AS�".4^r4'Yecc':,':y • .•. '8K I295PG0451 SIGNATURE ADDENDUM Witnessed By: //(1IJe dy f THOMAS J.P�G ALL,IIL ! ency y STATE OF CntMTMr set Washington COUNTY OF z z�ctrpiz zo, Nancy W. ryj ie $Notttry Public of the County and Stetc aforesaid,do hereby certify that TUO14AS J. ARSALI.,JP- appeared before me this PE day and acknowledged the due axe ution'of the foregoing iwi ument. . July WYINFSS my hand and official stamp or seal,this the th day of2MI999 �:IIIY o c W-ComntiWon Expires: P'YFtELD r ,�?p• N1j!',RyP(1RWC ,,`�^.� _'tyylI:C f�ds�-.� �'t10vyeGON0o5taE,7MN.10.7001 75 `.v �}� quudttvef�ut-oetn�nf..a+a�mpr `YYI ti P. .•,i.oac„a:arr,.c.,•Y,i�.iamrm...+arTr-�*^r,....,-, -:. QK f 2.S5k0452 SIGNATURE ADDENDUM MA S. EAMALL' STATE OF COUNTY OF i ©. ,a Notary Public of the county and State aforesaid,do hereby certify that MXC__K H.PE ARSALL Personally eppeuod.before me.thin day and scknowledged the due execution of the foregoing ihstrument w1TNESS my hand and official stamp or seal,this the,&L day ofiand.1999 Notary Public fd. , '4"h!'ytGomjdiesion upires: 9—S'9020_. ��• '''"'ors"'coy',':: • WORTS? CAROLXM DARE COUNT! fThe foregoing rtificat of a No ry blic Af 7 1 Y an ► Notary Public of 1 Ara certified to a correct, this loetruaene and thin certif to are duly re tered at the date and..bime'in'tha Book and Fag& dhovy on th■ first pane hereof.. Barbera K. .Cray, Eeaister of Deado �iJ yl A)"istant Register of Deeds VjjJy ��t'�,t�YC;� :+�k''r�`ahf;:.�:.A: �` .TJ3L+. HUA Nags Head 2524412100 p. 1 Post-It`"'Fax Note 7671 Date - x o. - S � pages To D14`+1 p 0 p'C- From MA,575 C on eI btf-4 Co. H OAA, Phone x Z Z 9469 (64191 Phone#ZS Z 441 '541-S j Fax N 2 cr3 Z Fax#Z'57 z Bz4lbtt A 131( 1295PGO4c a TRACT 1 Located on the neat side of N.C,Highway 12 Nlrginle Dare Tralty Nags'Hamd, Nags Head Township,Dare County,North Carolina. BEGINNING at in arristing concrete monument In the estem rig" of way line of N,C. H)ghwey 12(vlrgirus Dare Tral) et its intersection with the northem.right of way-line of army Eagle Sveet (platted as Plover Strast); thence along tfta sastsm right of way Ilene of N.C. Highway 12, North 18'00'00" West 400,00 foot to an existing Iron pipe, comer.for.lots 8 and 9, Block 8, as shown on reap hereafter referred for thanes along the dividing line between Lots 8 and 9,North 72.00'00' East 412 feat, more or toss, to a poirtt at the sdge of the high.wstar marts of the Atlantic 0ocen; thence along the a high water mark of the Atlantio Ooear+ in a southady direction 402,42 feet, more or lesa. to a Point in the northern right at way line of Gray Eagle Street;thence along the northern tight of way line of prey Eagle Street, South 72' 00' 00- Writ 456 foot, more Ot 3ess, t0 an @xhting Concrete.monument In the eastern right of way line of N.C. Highway 12.the point of beginning,and being Lot 16,Block 8,Sec icn.A,93 shown on COmpoaite Map Of Whalebone Beaches recorded In,Map Sook 1, Page 164,.Care County Registry,and or Map of Whalebone Boeohas, recordad.in Map Book 1, Page 167, Dare County 1 pAgistry, conveyed by DmraOi'rta Raststuartt, Inc,to Whalebone Um Red Partnership be deed dated December 19, 7978,recorded in Book 272, page E36, Dare County Registry,together with Leta 9, 10, 11, 12, 13,14 and 15 am shown on Compoaito Map of Whalebone Beechen recorded in Map Book 1, Page IE4, Dare County Registry, conveyed by The See Octal, Inc. to Whalebona Lknitod Purtnwahip be deed detad January 3. 1976, recorded In Book 255, Page.812, Darn County Registry, and further being the identicai tract or parcel of lend identified as Tract I on map entitled "Quality Inn -See H wr1- D Ced 5e eta map 3s 1999, b 9 this paredrelana by Siasell profsaaional Group, KhtY ce incorporated as if fully!et out herein. TRH Situated on the weal aide:of N.C. Highway 12 lYirginm Dare Trail), Nags Bead, Naga Head Township,care Ccurtty,North Carolina. BEGINNING et an existing iron pipe in the western right of way line of N.C. Highway 12, 150 feet northerly of Its intersection with the ner'thern right of way line of Gray Eagle Street Iplatted as Plover Street),corner for Lots 13 and 14.Block 7-A,sit shown on map hereafter retorted to:thence along the western right of way line of N.C.Highway 12,North 18'00'00 Went 150 feet to an existing coneri'ts 1 monument,comer for Lair 10 and 11;thence along the dividing line between LOts 10 and 11, to and witti the dividing line between Lota 26 and 27, South 72'00' d S_06Z59gC9 ddtl(3rl} HUR Nags Head 2524412100 p. 2 1 .. Exhtbftn �1tl295PGr�G51, 00"Went 449.53 teat to an.existing concrete monument In the 0,00601 fightOine of U Sf i way line,of U.S. Highway 160; thence along the eastern right of way Niflhwey 158,South 17.56'40"East 150 feet to at,existing concrete monument, comer f,tr Lots 29 and 30;thence along Via divid-ing line between Lou 25'and 30, to and with the dividing Gne between Lots 13 and 14,. North 72' 00' 00" East i 449.86 fact 10 an existing Iron pipe in the wastem right of way Ilro +f 2, Highway 12, the point of beginning. and being Lou 11, 12, 13, 2 I Block 7-A,as shown on Composite Map of Exhibit A Whalebone Beaches recorded in Map Book 1, PA" 164, Dare County Registry, said msp being incorporated I heroin CY retorenca and made a part hereof,and being Tracts I and fl Convoyed to Whalebone Urrfted Partnership by The Sea Oatal, Inc., by dead dated January , 1 1978, recorded in Book 266, page 812, Dare County Registry,and further being arcal of Land iderttlfled as Tract it on map entitled'"Quality inn the Identical tract or p Sea Ciatei' Dated September 3, 1999, prepared by 8iasefl PrOfasltOnal Group, i Kitty H rwk, N.C•; which mep is by this reference tnoorporeted as if fu11y sot out } heroin, Traces and 2 described above are the identical tra=or percele'of lend conveyed by T(wtoo's Dead from Awold.O.Colston; Substitute"rustea;to Mack a. Pearsall and Th:)rras J. Pearsall, Jr., dated December 23, 1980, recorded in Book 736, page 7119,Dare County Registry ' IN • 1n1Ly F c S5G6Z089£9'�N/tG ai '.S/SO:�i Soo 9Z ydl'oin WRj HUR Nags Head 2524412100 p. 3 l h PXHIBaa. 91�'12SS�Gp55 pEBMME;D OCCUTIONS 1. I999Ad Valerempropwty traces to be grated and paid M elosingww fpr subsequent ye—not yet due and.psyAble. d oq tittc so tha pardon of the load Iying below the howaterxwk of the Adaatic �y f 2. Ripsui nrigl�ts Po Ocast. . 3. All gcmuol xrvicc and utility 00e10013 Affecting the insured land. 4, AU mattrrs sbwwn on thr uttvey of"Q_Hty lan Sea Oster drawn by Bissell ptokssiDow Group and datcd MAY 7,I999.. i .gµ�,psrviwss.01 • � ;�O�toS.E� •7rl/c0�^t '1S/5C�vl snot 9t 0.'i311? 'Nod-