123-18 MM Windfare Condominiums LLC Objections

Bodnar,
From:
Bodnar, Gregg
Sent:
Friday, September 18, 2020 2:12 PM
To:
Bodnar, Gregg
Subject:
RE: Windfare Condominiums LLC. CAMA Permit
Attachments:
123-18 Windfare Condos LLC.pdf; PM2506S CAMA Major Mod.pdf
Dear Sir or Madam:
<F
An error was discovered in the previous response that indicated an incorrect number of surveys performed. In this case
only one survey was performed. That survey, along with the permit have been provided as attachments above for your
reference.
I apologize for any confusion this may have caused.
Regards,
Gregg Bodnar
Assistant Major Permits Coordinator
Division of Coastal Management
Department of Environmental Quality
2S2 US 2808 ext 21S (office)
GGrgg_Bodnar@nWeor tov
Email correspondence to and from this address is subject to the
North Carolina Public Records !ow and may he disclosed to third parties.
From: Bodnar, Gregg
Sent: Friday, September 11, 2020 2:30 PM
To: Bodnar, Gregg <[e-mail]>
Subject: Windfare Condominiums LLC. CAMA Permit
This letter is in response to your correspondence, which was received by the Division of Coastal Management regarding
your concerns about the proposed development by Windfare Condominiums LLC, at 403 Old Causeway Rd., adjacent to
the Bogue Sound, in Atlantic Beach, Carteret County. The proposed project consisted of (9) 2slip docking facilities. After
reviewing three independent surveys of the channel by licensed surveyors, the proposed project has been determined to
comply with the Rules of the Coastal Resources Commission and as such, a permit has been issued to authorize the
development. I have enclosed a copy of the permit for reference. I would like to bring your attention to Conditions that
protect navigation in the channel, specifically Condition No. 9 requiring the marking of the channel at a -3' depth contour.
If you wish to contest our decision to issue this permit, you may file a request for a Third Party Appeal. The Chairman of
the Coastal Resources Commission will consider each case and determine whether to grant your request to file for a
Contested Case Hearing. The hearing request must be filed with the Director, Division of Coastal Management, in writing
and must be received within twenty (20) days of the disputed permit decision.

If you would like copies of the appropriate appeal forms or should you like to discuss the specifics of the process, please
feel free to contact me by telephone at [phone] extension 215, or by email at Gregg.Bodnarnae ncdenr.gov.
Sincerely,
Rff- V, �Qq:! �
Gregg Bodnar
Assistant Major Permits Coordinator
IDivision of Coastal Management
Department of Environmental Quality
2S2 fl08 2US ext 215 (Office)
J gM a¢.BodnarPricdenr.xov
Email aorrespondenec to and from this address is sub d to the
North Comilho Pablic Records Lawand may be disclosed to third parties.

ROY COOPER
Governor
MICHAEL S. REGAN
Secretary
BRAXTON C. DAVIS
Director
205 Moonlight Dr.
Atlantic Beach, NC 28512
Dear Sir:
NORTH CAROLINA
Environmental Qua/tty
August 13, 2020
An error was discovered in the previous response that indicated an incorrect number of surveys
performed. In this case only one survey was performed. That survey, along with the permit have
been provided as attachments above for your reference.
I apologize for any confusion this may have caused.
Regards,
The Division appreciates you submitting comments on this application. Your comments will be
added to the official permit application file for this project. Please feel free to contact me by
phone [phone] extension 215), or email ([e-mail]) if you should have
any additional concerns relating to this project.
Sincerely,
Gregg Bodnar
Assistant Major Permits Coordinator
o�wrarw�rur,�
North Carolina Department of Environmental Quality I Division of Coastal Management
Morehead City Office 1 400 Commerce Avenue I Morehead City, North Carolina 28557
252.8082808

ROY COOPER
Governor
MICHAEL S. REGAN
Secretary
BRAXTON C. DAVIS
Director
Angela Stanley
3011 Evans St.
Morehead City, NC 28557
Dear Ms. Stanley:
NORTH CAROLINA
Environmental Quality
August 13, 2020
An error was discovered in the previous response that indicated an incorrect number of surveys
performed. In this case only one survey was performed. That survey, along with the permit have
been provided as attachments above for your reference.
I apologize for any confusion this may have caused.
Regards,
The Division appreciates you submitting comments on this application. Your comments will be
added to the official permit application file for this project. Please feel free to contact me by
phone [phone] extension 215), or email ([e-mail]) if you should have
any additional concerns relating to this project.
Sincerely,
i
�
i
Gregg Bodnar
Assistant Major Permits Coordinator
North Carolina Department of Environmental Quality I Division of Coastal Management
Morehead City Office 1 400 Commerce Avenue I Morehead City, North Carolina 28557
252.8082808

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ROY COOPER
Governor
MICHAEL S. REGAN
Secretary
BRAXTON C. DAVIS
Director
Dear Sir or Madam:
NORTH CAROLINA
Environmental Quality '
September 11, 2020
This letter is in response to your correspondence, which was received by the Division of Coastal
Management regarding your concerns about the proposed development by Windfare
Condominiums LLC, at 403 Old Causeway Rd., adjacent to the Bogue Sound, in Atlantic Beach,
Carteret County. The proposed project consisted of (9) 2slip docking facilities. After reviewing
three independent surveys of the channel by licensed surveyors, the proposed project has been
determined to comply with the Rules of the Coastal Resources Commission and as such, a permit
has been issued to authorize the development. I have enclosed a copy of the permit for
reference. I would like to bring your attention to Conditions that protect navigation in the
channel, specifically Condition No. 9 requiring the marking of the channel at a -3' depth contour.
If you wish to contest our decision to issue this permit, you may file a request for a Third Party
Appeal. The Chairman of the Coastal Resources Commission will consider each case and
determine whether to grant your request to file for a Contested Case Hearing. The hearing
request must be filed with the Director, Division of Coastal Management, in writing and must be
received within twenty (20) days of the disputed permit decision.
If you would like copies of the appropriate appeal forms or should you like to discuss the
specifics of the process, please feel free to contact me by telephone at [phone] extension
215, or by email at [e-mail].
Sincerely,
Gregg Bodnar
Assistant Major Permits Coordinator
�EQ
North CaroBna Department of Environmental Quality I Division of Coastal Management
Morehead City Office 1400 Commerce Avenue I Morehead City, North Carolina 28557
252.8082808

Bodnar, Gregg
From: Bodnar, Gregg
Sent: Thursday, September 3, 2020 7:59 AM
To: Ford Coley
Cc: Styron, Heather M.;'Vickie Coley'
Subject: RE: [External] RE: Windfare Condominiums LLC additional information
Morning Mr. Coley,
The Division appreciates you submitting comments on the additional information provided. Your additional comments
will be examined and taken into consideration prior to the Division taking final action on this permit application, and you
will be informed of this final action. Your comments will be added to the official permit application file for this project.
Regards,
Gregg Bodnar
Assistant Major permits Coordinator
Division of Coastal Management
I Department of Environmental Quality
252 ON 280 ext 215 (Office)
-�---_--...---.._-.,.---- �•/ I Gregg:8odna�ncdenrrtov
Email correspondence to ondham this address Is subject to the
North CaroltnapabticRecords Low and may bedhelosed to third parties.
From: Ford Coley <[e-mail]>
Sent: Wednesday, September 2, 2020 4:25 PM
To: Bodnar, Gregg <[e-mail]>
Cc: Styron, Heather M. <[e-mail]>; 'Vickie Coley' <[e-mail]>
Subject: RE: [External] RE: Windfare Condominiums LLC additional information
Mr. Bodnar: In response to the depth survey for the adjacent channel which was provided by Windfare Condominiums
LLC and which you sent to me on Monday, August 31, 2020, by e-mail, we contend that regardless of the information
contained therein, it remains an unsafe proposal to install dockage as represented and proposed by the Condominiums,
specifically including docks numbered 13-18. If I am correctly reading and interpreting the information on the depth
survey, and at the "tightest point" to 3 feet NLW, this 60.81 foot dimension allows minimal 'room for error' when two
boats of 10-12 foot beams meet to pass in that area OR when 3 or more boats attempt to navigate that narrow
que. Weather (including wind and waves) and 'current' add elements that can create unpredictable and dangerous
outcomes relative to passing boats without sufficient passage room. Not all 'captains' of boats are safety minded or
conscious; and, therefore, allowing for plenty of room for passage is most important. Planning for the worst and hoping
for the best is demanded and appropriate in this situation. As stated in my earlier comments, parallel
parking/docking/dockage was utilized in the area at Issue by the prior owners and inhabitants, and it seemingly worked
in an acceptable fashion. However, and even so, there were times when it was a tight fit for boats to navigate this

channel depending on the number and/or size of boats involved in the passage. Please note our objection to the
currently proposed installation plan for docks 13-18 associated with the above project. Thank you.
William C. Coley III, MBA I JD
3 Sumrell Sugg www.nelMers.com
T: [phone] F: [phone]
416 Pollock Street P.O. Drawer 889 (28563)
New Bern, North Carolina 28560
[e-mail]
CONFIDENTIALITY NOTICE: This electronic mail transmission has been sent by a law firm. It may contain information that is confidential, privileged, proprietary,
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or disseminate this message, any part of it, or any attachments. If you have received this message in error, please delete this message and any attachments from
your system without reading the content and notify the sender immediately of the inadvertent transmission. There is no intent on the part of the sender to waive
any privilege, including the attorney -client privilege, that may attach to this communication. Thank you for your cooperation.
CIRCULAR 230 DISCLOSURE: "To ensure compliance with requirements imposed by the IRS, unless specifically Indicated otherwise, any tax advice
contained in this communication (including any attachments) was not Intended or written to be used, and cannot be used, for the purpose of avoiding
tax related penalties or promoting, marketing or recommending to another party any tax related matter addressed herein."
From: Bodnar, Gregg[mailto:[e-mail]]
Sent: Tuesday, September 1, 2020 8:38 AM
To: Ford Coley <FOrd.Coley(o)nclawyers.com>
Subject: RE: [External] RE: Windfare Condominiums LLC additional information
Morning Mr. Coley,
To my knowledge the only counsel that has identified themselves is Ms. Amy Wang from W&S.
Hope this helps,
Gregg
From: Ford Coley <FOrd.COley(alnclawyers.com>
Sent: Monday, August 31, 2020 3:04 PM
To: Bodnar, Gregg <gregg.bodnarCgdncdenr.gov>
Subject: [External] RE: Windfare Condominiums LLC additional information
Mr. Bodnar: Thank you for your mail below. Would you be kind enough to share the identity of the Ward and Smith
attorney(s) who I believe are involved on behalf of the Crow's Nest Yacht Club as well as any other attorneys that may
be involved in this matter (and the extent of their involvement). I would like to make a contact. Kind regards.
William C. Coley III, MBA I JD

-ii
Sumrell Sugg I www.nclawyers.com
T: [phone] F: [phone]
416 Pollock Street P.O. Drawer 889 (28563)
New Bern, North Carolina 28560
[e-mail]
CONFIDENTIALITY NOTICE: This electronic mail transmission has been sent by a law firm. It may contain information that is confidential, privileged, proprietary,
or otherwise legally exempt from disclosure. If you are not the intended recipient, you are hereby notified that you are not authorized to read, print, retain, copy
or disseminate this message, any part of it, or any attachments. If you have received this message in error, please delete this message and any attachments from
your system without reading the content and notify the sender immediately of the inadvertent transmission. There is no intent on the part of the sender to waive
any privilege, including the attorney -client privilege, that may attach to this communication. Thank you for your cooperation.
CIRCULAR 230 DISCLOSURE: `To ensure compliance with requirements imposed by the IRS, unless specifically indicated otherwise, any tax advice
contained In this communication (including any attachments) was not intended or written to be used, and cannot be used, Tor the purpose of avoiding
tax related penalties or promoting, marketing or recommending to another party any tax related matter addressed herein."
From: Bodnar, Gregg[mailto:[e-mail]]
Sent: Monday, August 31, 2020 2:35 PM
To: Bodnar, Gregg <[e-mail]>
Subject: Windfare Condominiums LLC additional information
Windfare Condominiums LLC has provide the attached depth survey for the adjacent channel. As objecting parties the
Division of Coastal Management requests that any comments concerning this additional information be provided to
Gregg Bodnar at the contact information below.
Regards,
Gregg Bodnar
Assistant Major Permits Coordinator
Division of Coastal Management
Department of Environmental Quality
2S2.808 2808 ext 215 (Office)
g2%Bodnar@ncdenr1¢ov
Em 9correspondence to and from this addressfs subject to the
North Comffmr PwbficRecords Low and may be4Wosed to third pordes,
This email has been scanned for spam and viruses. Click here to report this email as spam.

Bodnar, Greg
From: Bodnar, Gregg
Sent: Thursday, September 3, 2020 8:01 AM
To: Craig
Cc: Brownlow, Roy
Subject: RE: [External] Wlndfare CAMA Permit 123-18
Morning Mr. Frey,
The Division appreciates you submitting comments on the additional information provided. Your additional comments
will be examined and taken into consideration priorto the Division taking final action on this permit application, and you
will be informed of this final action. Your comments will be added to the official permit application file for this project.
Regards,
From: Craig<generaImanage [e-mail]>
Sent: Wednesday, September 2, 2020 4:36 PM
To: Bodnar, Gregg <[e-mail]>
Cc: Brownlow, Roy <[e-mail]>
Subject: [External] Wlndfare CAMA Permit 123-18
Good Afternoon,
I have attached a letter from the Crow's Nest Board of Directors in ref to our meeting held on August 29th with Robert
Jackson and Sammy Ballou (Windfare Condos).
Thank You for your attention in this matter.
Craig Frey
Crow's Nest Yacht Club
252-726-4048

I
CAMA PERMIT 123-18
Greg and Roy:
Several of our Board members met with Sammy Ballou, and
Robert Jackson this past Friday, August 28th at Crows.
Nest Yacht Club to discuss the Windfare Townhomes, LLC
project. During this meeting, they shared copies of
hydrographic maps which had been prepared by Stroud
Engineering and TI Coastal showing the depth and width of
the channel serving Crow's Nest Yacht Club and, the
surround, properties on Moonlight Bay. After discussing the
concerns of all parties present, we were able to resolve
these concerns and come to an amenable solution that
benefits all parties.
Crows Nest Yacht Club, Inc. concurs with the following
summary a portion of which was previously submitted to
you from Robert H. Jackson.
SUMMARY
1. The Crows Nest Board supports the Project and the
Permit as submitted.
2. Windfare Townhomes, LLC has agreed to install 3
temporary PVC pipes with green tape on the top to
mark the eastern edge of the channel across from their
it 6 proposed piers to better assist boaters in the
appropriate navigation of the same. Also, Windfare
Townhomes has agreed to ask DCM to help guide us
in how best to permit three permanent channel

markers .in the same location to accomplish the same
purpose. Roy Brownlow had some guidance on this
process and as such Windfare will begin a new
permitting process, in the next 30 days or sooner to
select, permit, purchase, and install these new channel
markers at the sole expense of Windfare. Windfare
intends to copy Crows Nest on these submittals and
their progress.
3. Windfare Townhome LLC and Crows Nest agreed to
equally share in the costs and efforts to formally
request a dredging permit from DCM in order that
either party or any party finds it is necessary to. dredge
the same channel. The intent is that, a valid permit
would remain in place for perpetuity available to any
party to orchestrate dredging within the conditions, of
that future permit. Both parties will work in good
faith to submit that new permit request to DCM within
the next 30 calendar days. It is the understanding of
both parties that once obtained DCM has a 5 year
renewal process that allows for the permit to be
renewed and hence would not expire if that process
was followed accordingly. Roy Brownlow (and I am
sure Greg Bodnar as well) had verbally offered their
guidance to assist both parties on the various permits
and processes to achieve this goal. We did discuss the
various options available to both parties and the
Community on how best to fund the expenses of a
future dredging if that is desired. Although we did not
arrive at a conclusion, we are hopeful the Town will
consider adding this channel to their dredging efforts
they undertake currently given the importance of this

a
waterway and the -tax base derived from the
Community.
Should you have any questions or need additional
information, please contact us.
Respectfully submitted,
Crow's Nest Yacht Club Board of Directors
CY-g
. Fre neral Manager

Bodnar, Gregg
From: Bodnar, Gregg
Sent: Wednesday, September 2, 2020 9:15 AM
To: KIRBY MARSHBURN; Howell, Jonathan
Subject: RE: [External] Windfare Condominiums Project
Morning Mr. Marshburn,
The Division appreciates you submitting comments on the additional information provided. Your additional comments
will be examined and taken into consideration prior to the Division taking final action on this permit application, and you
will be informed of this final action. Your comments will be added to the official permit application file for this project.
Regards,
PW
Gregg Bodnar
Assistant Major permits Coordinator
Dfvlsionof Coastal Management
Department of Environmental Quality
252 NO 2808 ext 215 (office)
grMBOO tnar&nrtdenr.rtov
Emapcorrespondence to and from this addinraIs subject to the
North CaroNmr Public Records Lawand may bedisdased to tbind ponies.
From: KIRBY MARSHBURN <[e-mail]>
Sent: Wednesday, September 2, 2020 8:59 AM
To: Bodnar, Gregg <[e-mail]>; Howell, Jonathan <[e-mail]>
Subject: [External] Windfare Condominiums Project
I am writing to go on record opposing this project on Moonlight Bay Channel. My wife and I have owned a house at 215
Smith Street, Atlantic Beach for 20 years and use that channel several time each weekend. I don't believe the channel is
wide enough, at this point, to accommodate two boats passing if the piers encroach 30' to 34' into the channel. The old
piers that were there were built parallel to the seawall and at low tide you could barely pass another boat then. I think
allowing these piers to be built perpendicular to the seawall are going to be a great danger.
Kirby L. Marshburn
215 Smith Street
Atlantic Beach, N.C.
919-422-7587

Bodnar, Gregg
From: Bodnar, Gregg
Sent: Wednesday, September 2, 2020 7:57 AM
To: CHNR (Chad Henry)
Subject: RE: [External] RE: Windfare Condominiums LLC additional information
The Division appreciates you submitting comments on the additional information provided. Your additional comments
will be examined and taken into consideration prior to the Division taking final action on this permit application, and you
will be informed of this final action. Your comments will be added to the official permit application file for this project.
Regards,
Gregg Bodnar
i Assistant Major Permits Coordinator
Division of Coastal Management
!/ j Department of Environmental Quality
252 ON 2SU ext 21S (Office)
Q__....._.._...._._._......... . ........................ ...... ....- r gMA& odnar&ncdenr.gyr
Email correspondence to and from this address issubject to the
North CaroNna Public Records Law and may be disdosed to third parries.
From: CHNR (Chad Henry) <[e-mail]>
Sent: Wednesday, September 2, 2020 7:33 AM
To: Bodnar, Gregg <[e-mail]>
Subject: [External] RE: Windfare Condominiums LLC additional information
Dear Gregg,
Thanks so much for reaching out and forwarding the survey. I think it a very telling story for how close that the
proposed docks will be located to the channel. In speaking from experience in which I have a vessel that, when on
the boat lift, sticks out an additional 5' from the end of the dock. I assume this situation will be possible for the
proposed docks and if so, it would cause the safety of traveling through the channel to be compromised.
I am surprised to see that this proposal is quite different from the pre-existing docks that were in place prior to
demolition. With my experience from the CAMA and building codes in the costal area, it usually seems that
rebuilding according to prior structures is acceptable, but further enhancement involving expansion creates many
challenges with permitting. With the additional bulkhead space that was incorporated with this new subdivision, now
we have a proposal for an extended dock structure coming quite close to the existing channel.
I would not like to complain about the proposal without offering an alternative option... which would be to allow a
docking structure similar to the previous structure that was in place prior to demo. This seemed to not compromise
the safety of the channel travel.
Kind Regards,

Chad
From: Bodnar, Gregg <[e-mail]>
Sent: Monday, August 31, 2020 2:35 PM
To: Bodnar, Gregg <[e-mail]>
Subject: Windfare Condominiums LLC additional information
Windfare Condominiums LLC has provide the attached depth survey for the adjacent channel. As objecting parties the
Division of Coastal Management requests that any comments concerning this additional information be provided to
Gregg Bodnar at the contact information below.
Regards,
Gregg Bodnar
Assistant Major Permits Coordinator
Division of Coastal Management
Department of Environmental Quality
252 US 280 ext 215 (Office)
G_ g& jAnar@ncdenr xov
Emagconespondence to orvd fmm dds address Is subject to the
North Caroftno Public Remrds Low ond maybe disclosed to third parties.
2

N
Bodnar, Gregg
From: Bodnar, Gregg
Sent: Wednesday, September 2, 2020 7:51 AM
To: shawn tutor
Subject: RE: [External] Re: Windfare Condominiums LLC additional information
Mr. Tutor,
The applicant provided a depth survey certified and sealed by a professional land surveyor. If you have documented
water depths that you would like to provide, please do so, preferably with time and date of measurements. Any
correspondence associated with the project will become part of the official permit file. Your comments will be
examined and taken into consideration prior to the Division taking final action on this permit application, and you will be
informed of this final action.
Gregg Bodnar
a Assistant Major Permits Coordinator
Division of Coastal Management
� j Department of Environmental Quality
252 808 2888 ext 21S (Office)
--- --- - --- -- — GMU.epdnar@ncdeear gov_
Email correspondence to and f►am this address Issubject to the
North Caraflna Public Records Loin and may be disclosed to third parties:
From: shawn tutor <[e-mail]>
Sent: Monday, August 31, 2020 4:39 PM
To: Bodnar, Gregg <[e-mail]>
Subject: [External] Re: Windfare Condominiums LLC additional information
I have reviewed the plains by Windfare Condominiums LLC for the docks on Moon Light bay. I find them to not
to factual. You can not run a deep draft boat out of the channel at low tied safely as their plains are drawn. I know this
channel very well and have used it for over 30 years The distance for the proposed dock to the sand bar in not wide
enough to provide safe passes in low light and low visibility situations. Mark Twain once said that there 3 types of lies.
There lies, damn lies and there are statistics. Windfare Condominiums LLC is using statistical data to paint a false
narrative to get their permit. Mr Bodnar if you let these docked be built as submitted its not if there is an accident but
when. When there is an accident I hope it is not fatal. But if it is you sir will have blood on your hands because you could
have prevented it.
Thank you
Shawn Tutor
On Monday, August 31, 2020, 02:35:28 PM EDT, Bodnar, Gregg <gregci.bodnar0ncdenr.gov> wrote:

v
Windfare Condominiums LLC has provide the attached depth survey for the adjacent channel. As objecting parties the
Division of Coastal Management requests that any comments concerning this additional information be provided to Gregg
Bodnar at the contact information below.
Regards,
DEQ�
Gregg Bodnar
Assistant Major Permits Coordinator
Division of Coastal Management
Department of Environmental qualky
j 252 808 2808 cxt 215 (Office)
! gMMBodnarQncdenr.xov
FinaAcomrspondence to and from this address is subjectto the
North Carofbra Public HeaotdsLaw and may bedilklosed to third porttes.

Bodnar, Gregg
From: shawn tutor <[e-mail]>
Sent: Monday, August 31, 2020 4:39 PM
To: Bodnar, Gregg
Subject: [External] Re: Windfare Condominiums LLC additional information
I have reviewed the plains by Windfare Condominiums LLC for the docks on Moon Light bay. I find them to not
to factual. You can not run a deep draft boat out of the channel at low tied safely as their plains are drawn. I know this
channel very well and have used it for over 30 years The distance for the proposed dock to the sand bar in not wide
enough to provide safe passes in low light and low visibility situations. Mark Twain once said that there 3 types of lies.
There lies, damn lies and there are statistics. Windfare Condominiums LLC is using statistical data to paint a false
narrative to get their permit. Mr Bodnar if you let these docked be built as submitted its not if there is an accident but
when. When there is an accident I hope it is not fatal. But if it is you sir will have blood on your hands because you could
have prevented it.
Thankyou
Shawn Tutor
On Monday, August 31, 2020, 02:35:28 PM EDT, Bodnar, Gregg <[e-mail]> wrote:
Windfare Condominiums LLC has provide the attached depth survey for the adjacent channel. As objecting parties the
Division of Coastal Management requests that any'comments concerning this additional information be provided to Gregg
Bodnar at the contact information below.
Regards,
DEQ�
hT±{LuCawx. w� rNoire
Gregg Bodnar
Assistant Major Permits Coordinator
Division of Coastal Management
Department of Environmental Quality
252 M 28M ext 21S (Office)
§[e-mail]
Emanowntspondence to and from this address is subject to the
North Carolina Pabik Records law and may be disclosed to third parties.

M�-7
Bodnar, Gregg
From: Bodnar, Gregg
Sent: Tuesday, September 1, 2020 8:38 AM
To: Ford Coley
Subject: RE: [External] RE: Windfare Condominiums LLC additional information
Morning Mr. Coley,
To my knowledge the only counsel that has identified themselves is Ms. Amy Wang from W&S
Hope this helps,
Gregg
From: Ford Coley <[e-mail]>
Sent: Monday, August 31, 2020 3:04 PM
To: Bodnar, Gregg <[e-mail]>
Subject: [External] RE: Windfare Condominiums LLC additional information
Mr. Bodnar: Thank you for your mail below. Would you be kind enough to share the identity of the Ward and Smith
attorney(s) who I believe are involved on behalf of the Crow's Nest Yacht Club as well as any other attorneys that may
be involved in this matter (and the extent of their involvement). I would like to make a contact. Kind regards.
William C. Coley III, MBA I JD
C Sumrell Sugg www.nc]Mers.com
T: [phone] F: [phone]
416 Pollock Street P.O. Drawer 889 (28563)
New Bern, North Carolina 28560
[e-mail]
CONFIDENTIALITY NOTICE: This electronic mail transmission has been sent by a law Finn. It may contain information that is confidential, privileged, proprietary,
or otherwise legally exempt from disclosure. If you are not the intended recipient, you are hereby notified that you are not authorized to read, print, retain, copy
or disseminate this message, any part of it, or any attachments. If you have received this message in error, please delete this message and any attachments from
your system without reading the content and notify the sender immediately of the inadvertent transmission. There is no intent on the part of the sender to waive
any privilege, including the attomeyclient privilege, that may attach to this communication. Thank you for your cooperation.
CIRCULAR 230 DISCLOSURE: "To ensure compliance with requirements Imposed by the IRS, unless specifically Indicated otherwise, any tax advice
contained In this communication (including any attachments) was not Intended or written to be used, and cannot be used, for the purpose of avoiding
tax related penalties or promoting, marketing or recommending to another party any tax related matter addressed herein."

From: Bodnar, Gregg fmailto:eregg.bodnarCdncdenr.¢ov]
Sent: Monday, August 31, 2020 2:35 PM
To: Bodnar, Gregg <gre¢e.bodnarna ncdenr.aov>
Subject: Windfare Condominiums LLC additional information
Windfare Condominiums LLC has provide the attached depth survey for the adjacent channel. As objecting parties the
Division of Coastal Management requests that any comments concerning this additional information be provided to
Gregg Bodnar at the contact information below.
Regards,
D_EQ�
Gregg Bodnar
Assistant Major Permits Coordinator
Division of Coastal Management
Department of Environmental quality
2S2 BOB 2648 ext 21$ (Office)
G nar ngd reov
EmaAcorrespomkaw to and from "aWma is subject to the
North Carolina Public Records Lawond maybe d&dased to thW pordes.

Bodnar, Gregg
From: William Turner <[e-mail]>
Sent: Monday, August 31, 2020 2:45 PM
To: Bodnar, Gregg
Subject: [External] Re: Windfare Condominiums LLC additional information
Thanks much!
W.D. Turner
-----Original Message -----
From: Bodnar, Gregg <[e-mail]>
To: Bodnar, Gregg <[e-mail]>
Sent: Mon, Aug 31, 2020 2:35 pm
Subject: Windfare Condominiums LLC additional information
Windfare Condominiums LLC has provide the attached depth survey for the adjacent channel. As objecting parties the
Division of Coastal Management requests that any comments concerning this additional information be provided to Gregg
Bodnar at the contact information below.
Regards,
rxr�,{.�rvva�
aka xmsa� /`�
Gregg Bodnar
Assistant Major Permits Coordinator
Division of Coastal Management
Department of Environmental Quality
j 252 ON 2W8 ext 215 (office)
J Grese.0odnarl8ncdenr.aav
Email convspWWenca to andlram this address Is subject to the
North Carolina Publk Records tow and may be dfsdosed to third parties.

Bodnar, Gregg
From: Bodnar, Gregg
Sent: Tuesday, September 1, 2020 8:30 AM
To: Amy P. Wang
Subject: RE: [External] RE: Windfare Condominiums LLC additional information
We will take comments up to the time of a final decision. At this time there are still outstanding comments so I do not
have a timetable.
Gregg
Gregg Bodnar
Assistant Major permits Coordinator
Division of Coastal Management
Department of Environmental quality
2S2 BBB 28M ext 215 (Office)
Greg&Bgdnar&ncdenr.aov
Email comespomknoe to and%om this address is subject to the
North Carolina public Records Low and may be disclosed to third partles,
From: Amy P. Wang <[e-mail]>
Sent: Monday, August 31, 2020 4:09 PM
To: Bodnar, Gregg <[e-mail]>
Subject: [External] RE: Windfare Condominiums LLC additional information
Thank you, Gregg. I will pass this on to our client. Is there a deadline for comments?
Regards,
Amy
From: Bodnar, Gregg <[e-mail]>
Sent: Monday, August 31, 2020 2:45 PM
To: Bodnar, Gregg <[e-mail]>
Subject: Windfare Condominiums LLC additional information
Windfare Condominiums LLC has provide the attached depth survey for the adjacent channel. As objecting parties the
Division of Coastal Management requests that any comments concerning this additional information be provided to
Gregg Bodnar at the contact information below.
Regards,

i
D_E Qr�
o� V
Gregg Bodnar
Assistant Major permits Coordinator
Dhrision of Coastal Management
Department of Environmental Quality
252 808 28M ext 21S (Office)
Grez&Bodnar&ncdenrgov
Email cornrWndencr to and from this address Is subJect to the
North Carofbra Pub* Records tow and may be disclosed to th&d parties.
Amy P. Wang
"s Attorney I LEED Green Associate
Ward and Smith, P.A.
1001 College Court (28562) 1 Post Office Box 867
New Bern, NC 28568-0867
P: 252.672.5516 1 F: 252.672.5477 1 M: 252.675.7269
V-card I www.wardandsmith.com
Resources for North Carolina Businesses during COVID-19
If you have received this confidential message in error, please destroy it and any
attachments without reading, printing, copying or forwarding it. Please let us know of
the error immediately so that we can prevent it from happening again. You may reply
directly to the sender of this message. Neither the name of Ward and Smith, P.A. or its
representative, nor transmission of this email from Ward and Smith, P.A., shall be
considered an electronic signature unless specifically stated otherwise in this email by
a licensed attorney employed by Ward and Smith, P.A. Thank you.

Bodnar, Gregg
From: Bodnar, Gregg
Sent: Tuesday, September 1, 2020 8:24 AM
To: Brantley Briley
Subject: RE: [External] Re: Windfare Condominiums LLC additional information
Morning Sir,
Thank you for your additional comments concerning the project. I can assure your comments will be examined and
taken into consideration prior to the Division taking final action on this permit application, and you will be informed of
this final action.
The Division appreciates you submitting comments on this application. Your comments will be added to the official
permit application file for this project.
Regards,
w�D_EQ�
Gregg Bodnar
Assistant Major Permits Coordinator
Division or Coastal Management
Department of Environmental Quagty
2S2 808 2US ext 21S (Office)
Grggg.0Wrw@r4denr aov
ErnaR correspondence to and from this address is sub/rd to the
North Carogna Pubec Records low and may be dhdosed to third pardes.
From: Brantley Briley <[e-mail]>
Sent: Monday, August 31, 2020 3:21 PM
To: Bodnar, Gregg <[e-mail]>
Cc: Ford Coley <[e-mail]>; Jimibharrison <[e-mail]>; Janet Roberts
<ja [e-mail]>
Subject: [External] Re: Windfare Condominiums LLC additional information
Mr. Bodnar,
It is my opinion that slips 15, 16, 17 and 18 should be removed. As a compromise these slips
should be reconfigured to be parallel to the bulkhead. The way the docks are configured now, in
my opinion, presents a safety hazard to all boaters.
Thanks you for reading my comment.

Brantley Briley
308 Old Causeway Road
Atlantic Beach, NC
(PO Box 2306)
On Aug 31, 2020, at 2:35 PM, Bodnar, Gregg <[e-mail]> wrote:
Windfare Condominiums LLC has provide the attached depth survey for the adjacent channel. As
objecting parties the Division of Coastal Management requests that any comments concerning this
additional information be provided to Gregg Bodnar at the contact information below.
Regards,
<image001.png>
<PM25065 CAMA Major Mod.pdf>

Bodnar, Gregg
From: Bodnar, Gregg (( J
Sent: Monday, August 31, 2020 2:35 PM , p 7� ( r1
To: Bodnar, Gregg
Subject: Windfare Condominiums LLC additional information
Attachments: PM2506S CAMA Major Mod.pdf
Windfare Condominiums LLC has provide the attached depth survey for the adjacent channel. As objecting parties the
Division of Coastal Management requests that any comments concerning this additional information be provided to
Gregg Bodnar at the contact information below.
Regards,
Gregg Bodnar
Assistant Major Permits Coordinator
Division of Coastal Management
Department of Environmental Quality
252 8W 28M ext 215 (Office)
Gregg. BodnarL®ncdenr.eov
Email correspondence to and from this address is subject to the
North Carolina public Records taw and may be disclosed to third parties.

ROY COOPER
Governor
MICHAELS.REGAN
Secretary
BRAXTON C. DAVIS
Director
205 Moonlight Dr.
Atlantic Beach, NC 28512
NORTH CAROLINA
Environmental Quality
September 1, 2020
SUBJECT: Additional information for CAMA application for Windfare Condominiums LLC.
To whom it may concern:
Windfare Condominiums LLC has provide the attached depth survey for the adjacent
channel. As objecting parties the Division of Coastal Management requests that any comments
concerning this additional information be provided to Gregg Bodnar at the contact information
below.
Regards,
Gregg Bodnar
Division of Coastal Management
Assistant Major Permits Coordinator
North Carolina Department of Environmental Quality I Division of Coastal Management
Morehead City Office 1 400 Commerce Avenue I Morehead City, North Carolina 28557
252.8082808

ROY COOPER
Governor
MICHAEL S. REGAN
Secretary
BRAXTON C. DAVIS
Director
Angela Stanley
3011 Evans St.
Morehead City, NC 28557
NORTH CAROUNA
Environmental Quality
September 1, 2020
SUBJECT: Additional information for CAMA application for Windfare Condominiums LLC.
To whom it may concern:
Windfare Condominiums LLC has provide the attached depth survey for the adjacent
channel. As objecting parties the Division of Coastal Management requests that any comments
concerning this additional information be provided to Gregg Bodnar at the contact information
below.
Regards,
Gregg Bodnar
Division of Coastal Management
Assistant Major Permits Coordinator
�D_EQ��
North Carolina Department of Environmental Quality I Division of Coastal Management
Morehead City Office 1 400 Commerce Avenue I Morehead City, North Carolina 28557
252.808.2808

quL ./

Bodnar, Gregg
From: Bodnar, Gregg
Sent: Thursday, August 6, 2020 8:10 AM
To: Styron, Heather M.
Subject: Windfare
Attachments: FW: [External] Proposed dock project at Windfare Condos, Atlantic Beach, NC; FW:
[External] Windfare Dock Proposal, Atlantic Beach, NC
Hey Heather,
These two are not objections as they are information requests. Did you contact them about how to provide objections?
Thanks,
Gregg
Gregg Bodnar
Assistant Major Permits Coordinator
Division of Coastal Management
Department of Environmental Quality
252 ON 2808 ext 215 (Office)
G_re Bodnar@_ncdGnbgo_v
Email correspondence to andirarn this address is subject to the
North Ca►ofhra Pubi'k Records Cow and may be disclosed to third parties.
1

Bodnar, Gregg
From: Styron, Heather M.
Sent: Wednesday, August 5, 2020 5:14 PM
To: Bodnar, Gregg
Subject: FW: [External] Windfare Dock Proposal,Atlantic Beach, NC
another
From: Mick Heavener [mailto:[e-mail]]
Sent: Wednesday, August 5, 2020 4:10 PM
To: Styron, Heather M. <[e-mail]>
Subject: [External] Windfare Dock Proposal, Atlantic Beach, NC
Heather,
I would be interested in discussing this proposal and how it impacts the Crow's Nest Marina ingress/egress. Is
there a public hearing coming or can I get a quick meeting with someone?
Mick Heavener
103 Barefoot Lane
Atlantic Beach
Sent from my iPhone
Sent from Gmail Mobile

Bodnar, Gregg
From: Styron, Heather M.
Sent: Wednesday, August 5, 2020 5:16 PM
To: Bodnar, Gregg
Subject: FW: [External] Proposed dock project at Windfare Condos, Atlantic Beach, NC
another
From: William Turner [mailto:[e-mail]]
Sent: Wednesday, August 5, 2020 3:46 PM
To: Styron, Heather M. <[e-mail]>
Subject: [External] Proposed dock project at Windfare Condos, Atlantic Beach, NC
Heather M. Styron
Division of Costal Management
NCDENR
It has just come to my attention that a proposed project in Atlantic Beach, NC at the Windfare
Condos located at the end of Old Cswy Rd. may have a detrimental effect on the boats navigating
in and out of Moonlight Bay and the Crow's Nest Yacht Club, due to the natural narrowness of this
inlet and the shallow water through the channel.
I own a boatslip at the Crow's Nest Yacht Club and navigate my boat into and out of this waterway
every time I move the boat out of it's slip.
Could you direct me to a website where I can keep apprised of activities regarding the approval of
this project, or is it possible to be added to an email list for updates?
Thank You
W.D. Turner, Jr.
2029 Ford Gates Dr.
Garner, NC 27529
Dubuck(cDAOL.com
919-795-6497

Bodnar, Gregg
From:
Styron, Heather M.
Sent:
Thursday, August 6, 2020 8:44 AM
To:
Bodnar, Gregg
Subject:
RE: Windfare
I sent them the following;
Comments mailed to Braxton C. Davis, Director, Division of Coastal Management, 400 Commerce Avenue, Morehead City,
N.C. 28557, prior to 8/8/2020, will be considered in making the permit decision.
Thanks,
Heather
From: Bodnar, Gregg
Sent: Thursday, August 6, 2020 8:10 AM
To: Styron, Heather M. <[e-mail]>
Subject: Windfare
Hey Heather,
These two are not objections as they are information requests. Did you contact them about how to provide objections?
Thanks,
Gregg
Gregg Bodnar
Assistant Major permits Coordinator
Division of Coastal Management
Department of Environmental Quality
252008280ext225 (Office)
Gre r enr.
Emau correspondence to and ifam this address Is subject to the
North CoraNna Pab0c Records Low and may be disctased to third partfes.

Bodnar, Gregg
From: Styron, Heather M.
Sent: Wednesday, August 5, 2020 3:16 PM
To: Bodnar, Gregg
Subject: FW: [External] WINDFARE DOCKS
Here you go
From: CURTIS PEARSON [mailto:[e-mail]]
Sent: Wednesday, August 5, 2020 3:13 PM
To: Styron, Heather M. <[e-mail]>
Subject: [External] WINDFARE DOCKS
I WOULD LIKE TO VOICE MY OPPOSITION TO THE DOCK PLANS FOR WINDFARE ATLANTIC BEACH CAUSEWAY.
THE CHANNEL IS TOO NARROW TO ALLOW 30' OF BOAT AND LIFTS.I KEEP MY BOAT AT CROW'S NEST AND I
AM VERY FAMILIAR WITH THE AREA.
THANKS CURTIS PEARSON

Bodnar, Gregg
From: Styron, Heather M.
Sent: Wednesday, August 5, 2020 3:19 PM
To: Bodnar, Gregg
Subject: FW: [External] Windfare dock proposal
Attachments: Windfare docks design with hydraulic survey locations 4853-1124-3206 v.l.pdf
Another one.
From: Graham Dozier [maiIto: [e-mail]]
Sent: Wednesday, August 5, 2020 3:08 PM
To: Styron, Heather M. <[e-mail]>; [e-mail]
Subject: [External] Windfare dock proposal
I am the owner of slip number A11 at the Crow's Nest Marina. I received the proposed dock
addition along the access way to and from the Crow's Nest and feel these docks will restrict
boat traffic along this assess way. This area is a very heavily trafficked access canal to the
marina as well as houses and boat docks in the surrounding area.
There is an island very close to this area and with the dock projecting 30 feet into the
waterway the access will be restricted especially at low tide. Restricted access will cause
damage to engines that may run aground or boat collisions in the narrow entrance that it
would create especially at low tide. The docks that were along this area of the boating
canal/access before reconstruction in the area ran parallel to the water and seawall and
projected out at the most 15 feet and even at that made the entrance tight at low tides.
I do not feel the addition of 30 feet of docks into the waterway in this area can be done and
still allow for safe boating along the entrance/exit to both the marina and surrounding docks
and housing.
I am totally against this unsafe extended intrusion into the boating waterway.
R. Graham Dozier, Jr.
Cell Phone [phone]

Braxton C. Davis
Director, Division of Coastal Management
400 Commerce Avenue
Morehead City, N.C. 28557
August 5, 2020 PSG 1� 1ptip
R. Graham Dozier, Jr. MND G��V
34054 Lubbock Drive OCM
Raleigh, NC 27612
RE: Windfare dock proposal —Atlantic Beach NC
Dear Mr. Davis
I am the owner of slip number A11 at the Crow's Nest Marina. I received the
proposed dock addition along the access way to and from the Crow's Nest and
feel these docks will restrict boat traffic along this assess way. This area is a very
heavily trafficked access canal to the marina as well as houses and boat docks in
the surrounding area.
There is an island very close to this area and with the dock projecting 30 feet into
the waterway the access will be restricted especially at low tide. Restricted
access will cause damage to engines that may run aground or boat collisions in
the narrow entrance that it would create especially at low tide. The docks that
were along this area of the boating canal/access before reconstruction in the area
ran parallel to the water and seawall and projected out at the most 15 feet and
even at that made the entrance tight at low tides.
I do not feel the addition of 30 feet of docks into the waterway in this area can be
done and still allow for safe boating along the entrance/exit to both the marina
and surrounding docks and housing.
I am totally against this unsafe extended intrusion into the boating waterway.
Thank you,
n � c
R./Graham Dozier, Jr.

Bodnar, Gregg
From: Styron, Heather M.
Sent: Thursday, August 6, 2020 10:28 AM
To: Bodnar, Gregg
Subject: FW: [External] Windfare Docks
From: Davis, Braxton C
Sent: Thursday, August 6, 2020 10:26 AM
To: Will Anders <[e-mail]>
Cc: Styron, Heather M. <[e-mail]>
Subject: RE: [External] Windfare Docks
Good morning Mr. Anders,
I am acknowledging receipt of your email. I am passing your continents along to regulatory staff to consider
and include in the permit file. Heather Styron is the DCM field representative processing this permit
application, cc'd.
Thank you,
Braxton
*********************************************
Braxton Davis
Director, Division of Coastal Management
NC Department of Environmental Quality
Morehead City, NC 28557
[phone] x202
From: Will Anders [mailto:[e-mail]
Sent: Wednesday, August 5, 2020 5:43 PM
To: Davis, Braxton C <[e-mail]>
Subject: [External] Windfare Docks
EMe click links or open attachments unless you vfy. send all suspicious email as an attachment t
mono goy
Braxton - I am an Atlantic Beach based boater who has heard about the proposed boatlift and dock project at the
new Windfare Condos at the end of Old Causeway Road. From what I can tell, these docks at 30' are
significantly longer than what previously existed (those were parallel to seawall, not perpendicular) and it is my
opinion that as proposed this project will significantly reduce the navigable waterway at the entrance to
Moonlight Bay, especially during lower phases of the tide. This affects me personally as someone who keeps
my boat at the Crow's Nest, and I don't think that it's appropriate to approve a project that rewards owners of a
small handful of new condos at the expense of (i) severely restricting access to a natural channel that is used by
hundreds of boaters and (ii) making navigation to the homes and businesses of Moonlight Bay less safe. Please
feel free to reach out to me with any questions or clarifications about my position, and also let me know if
there's anyone else that you think I should reach out to on this matter.

Will Anders
919-451-1239

Bodnar, Gregg
From: Styron, Heather M.
Sent: Wednesday, August 5, 2020 5:11 PM
To: Bodnar, Gregg
Subject: FW: [External] Windfare Docks
another
From: Will Anders [mailto:[e-mail]]
Sent: Wednesday, August 5, 2020 4:35 PM
To: Styron, Heather M. <[e-mail]>
Subject: [External] Windfare Docks
not click links or open attachments unless you verify. Send all suspicious email as an attachr
1
Heather - I just left you a VM but I am an Atlantic Beach based boater who has heard about the proposed
boatlift and dock project at the new Windfare Condos at the end of Old Causeway Road. From what I can tell,
these docks at 30' are significantly longer than what previously existed (those were parallel to seawall, not
perpendicular) and it is my opinion that as proposed this project will significantly reduce the navigable
waterway at the entrance to Moonlight Bay, especially during lower phases of the tide. This affects me
personally as someone who keeps my boat at the Crows Nest, and I don't think that it's appropriate for CAMA
to approve a project that rewards owners of a small handful of new condos at the expense of (i) severely
restricting access to a natural channel that is used by hundreds of boaters and (ii) making navigation to the
homes and businesses of Moonlight Bay less safe. Please feel free to reach out to me with any questions or
clarifications about my position, and also let me know if there's anyone else that you think I should reach out to
on this matter.
Will Anders
919-451-1239

Braxton C Davis
Director, Division of Coastal Management
Dear Braxton:
I am an Atlantic Beach based boater who has heard about the proposed boatlift and dock project at the
new Windfare Condos at the end of Old Causeway Road. From what I can tell, these docks at 30' are
significantly longer than what previously existed (those were parallel to seawall, not perpendicular) and
it is my opinion that as proposed this project will significantly reduce the navigable waterway at the
entrance to Moonlight Bay, especially during lower phases of the tide. This affects me personally as
someone who keeps my boat at the Crow's Nest, and I don't think that it's appropriate for the
authorities to approve a project that rewards owners of a small handful of new condos at the expense of
(i) severely restricting access to a natural channel that is used by hundreds of boaters and (ii) making
navigation to the homes and businesses of Moonlight Bay less safe. Please feel free to reach out to me
with any questions or clarifications about my position, and also let me know if there's anyone else that
you think I should reach out to on this matter.
Will Anders
[e-mail]
919-451-1239
RECEIVED
AUG 10 2020
DCM-MHD CITY

Bodnar, Gregg
From: Styron, Heather M.
Sent: Thursday, August 6, 2020 8:34 AM
To: Bodnar, Gregg
Subject: FW: [External] Windfare Dock Proposal
Another one
From: Donald Fader [mailto:[e-mail]]
Sent: Wednesday, August 5, 2020 5:34 PM
To: Styron, Heather M. <[e-mail]>
Cc:'Craig Frey' <[e-mail]>
Subject: [External) Windfare Dock Proposal
Ms. Styron:
I am a member/owner of Crow's Nest which is situated at the extreme southern end of Moonlight Bay in Atlantic Beach.
The proposed construction of the Windfare dock system at the narrowest portion of the entrance seems to be ill
conceived and potentially dangerous. Although the dock system is proposed to be 30' from the bulkhead into the
channel larger boats will be docked there intruding further into the channel. There is no enforcement of this
encroachment so it will continue unabated forcing boats further east into the shallows where oyster rocks and other
debris are bound to cause damage. Boats operating at no wake speeds have limited steering and this will create unsafe
situations especially in hazardous conditions.
The Cullipher Group, PA is aware that the photographic overlay does not align with the GIS survey so we do not know
with any certainty where the eastern shallows lie in relation to the proposed docks at mean low water.
Previous owners/tenants opted for side tie parallel to the bulkhead. This is a very nice development and the owners will
enjoy one of the best views on the island but I believe the docks should have been proposed and vetted prior to
construction. I would urge caution moving forward since the property was approved/marketed and constructed without
docks.
Thank you.
Donald Fader
Donald E. Fader, CRMS NM1596012
President, SMC Home Finance
NMLS/SRR Industry Advisory Council
2012 NAMB National Mortgage Professional of the Year
Former Member, North Carolina State Banking Commission
2010 National Vice President, NAMB "The Association of Mortgage Professionals"
Post President, NC Association of Mortgage Professionals

0) 252.523-5800
C) 252-560-5496
F) 888-411-9326

Bodnar, Gregg
From: Styron, Heather M.
Sent: Thursday, August 6, 2020 8:40 AM
To: Bodnar, Gregg
Subject: FW: [External] proposed Windfare Docks
Attachments: Windfare docks design with hydraulic survey locations 4853-1124-3206 v.t.pdf
sorry
From: Greg Atkins, P.E. [mailto:[e-mail]]
Sent: Wednesday, August 5, 2020 7:26 PM
To: [e-mail]; Styron, Heather M. <[e-mail]>
Cc: [e-mail]
Subject: [External] proposed Windfare Docks
Michelle/Heather,
I received the attached plan for the proposed Windfare docks at the end of the channel that leads back to the Crow's
nest Yacht club. I own a slip there, so they sent out an email to owners with concern about the reach of the proposed
docks.
After looking at the proposal, I have a couple of questions. 1. Has a hydraulic cross section of the channel where the
narrowest waterway is shown been done? I know they can use ''/. of the waterway for proposed docks, but it's always
been fairly well known that you have to stay as close to the sea wall on the side where the proposed docks are planned
to make sure you don't bottom out at low tide, and I don't have a very big boat. 2.Has the definition of the opposite side
of the channel been confirmed? If you look at the narrowest portion of the channel on google maps, you can see where
it appears to be a shoal area considerably closer to the sea wall than the line that's shown on the map, and I was just
wondering if that line shown is accurate and or agreed upon?
The reason there is concern in this area is because the lifts and docks that were there prior to the new construction
were much narrower than the proposed dock and lift locations, and at low tide it was always a little tricky getting past
those lifts, this new proposal would push you out quite a bit further, and may actually make the channel non -navigable
at low tide to many of the boats that use this bay. It would be nice to see a section thru the narrower sections shown
near the dock that shows 210.16' one at the section shown as 163.27' and one thru the section shown as 147.56' those
are likely the ones that are going to be a problem. I believe we will see a channel that's not deepest at the center of the
waterway, and possibly close to the end of the proposed lifts.
Sincerely,
-Greg
Gregory K. Atkins, P.E.
E.L. Robinson Engineering
Mid Atlantic Production Manager
3362 Six Forks Rd.
Raleigh, NC 27609
P: [phone] C: [phone]
www.elrobinsonengineering.com

Follow Us: LinkedlnIFacebook1Twitter

Bodnar, Gregg
From: Styron, Heather M.
Sent: Thursday, August 6, 2020 8:38 AM
To: Bodnar, Gregg
Subject: FW: [External]
Another. Sorry O
From: [e-mail] [mailto:[e-mail]]
Sent: Wednesday, August 5, 2020 6:50 PM
To: Styron, Heather M. <[e-mail]>
Subject: [External]
Do not click links or open attachments unless you verify. Send all suspicious email as an attachment to
My name is Eddie Briley and I live on Moonlight Bay. I am opposed to the designed layout of the boat slips to
be installed at the entrance to Moonlight Bay. They will impede the safe navigation entering and leaving the
Moonlight Bay channel creating a navigation danger.

Bodnar Gregg
From: [e-mail]
Sent: Thursday, August 6, 2020 7:21 PM
To: Bodnar, Gregg
Subject: [External]
I live on the Crow's Nest channel that will require me to past by the docks that are proposed by Windfare. I'm 75 years
old an still use my boat on a regular basis. I think narrowing the channel with this proposal would definitely put me in a
more stressful state of mind when passing other boats. I know I'm in the last few years of my boating days and this
would probably shorten them even more. Thank you for your thoughtful consideration in this matter.

Bodnar, Gregg
From: Styron, Heather M.
Sent: Thursday, August 6, 2020 8:40 AM
To: Bodnar, Gregg
Subject: FW: [External] Windfare dock proposal
And another
-----Original Message -----
From: John McAlpin [mailto:[e-mail]]
Sent: Wednesday, August 5, 2020 7:32 PM
To: Styron, Heather M. <[e-mail]>
Subject: [External) Windfare dock proposal
CAUTION: External email. Do not click links or open attachments unless you verify. Send all suspicious email as an
attachment to [e-mail]<mailto:[e-mail]>
Please consider the Windfare dock proposal carefully. I have my boat down that channel and it is very difficult to pass a
boat coming in the other direction. The water gets very shallow across from the proposed docks so you have to hug the
side where the docks are proposed. If you put 30 foot docks there it will be very dangerous to try and navigate that
channel with traffic in both directions
Either put the docks parallel to the sea wall as they were previously or have the owners dredge and maintain 30 feet on
the other side to keep the channel as safe as it is now
Don't allow them to extend the docks 30 feet into the channel unless the channel is extended. It will be a disaster
Let me know if you want to discuss or clarify my position Is there an opportunity to voice my concern to the board
before this is approved?
John McAlpin
919 656-7472

Bodnar, Gregg
From: Styron, Heather M.
Sent: Thursday, August 6, 2020 8:45 AM
To: Bodnar, Gregg
Subject: FW: [External] Windfare Dock Proposal
Another
From: Brantley Briley [mailto:[e-mail]]
Sent: Thursday, August 6, 2020 7:32 AM
To: Styron, Heather M. <[e-mail]>
Subject: [External) Windfare Dock Proposal
Good morning.
I am concerned about the Old Causeway Road, Atlantic Beach, NC, Windfare Dock Proposal that
is being presented to CAMA. I have lived on Moonlight Bay since 1999. A dock protruding into
the waterway entrance into the Bay will present a safety issue for all boaters trying to navigate the
relatively narrow entrance. I am not sure that a large beam boat could even get around the docks at
low tide. I am asking you to not approve the plan as presented. I see no problems with
lifts/docks parallel to the shoreline. I appreciate your personal attention to this matter.
Alton Brantley Briley
308 Old Causeway Road
Atlantic Beach, North Carolina 28512
252-560-2020

Bodnar, Gregg
From: Styron, Heather M.
Sent: Thursday, August 6, 2020 8:46 AM
To: Bodnar, Gregg
Subject: FW: [External] Windfare Condo Dock proposal Atlantic Beach N.C.
Another
From: Robert Webb [mailto:[e-mail]]
Sent: Thursday, August 6, 2020 8:40 AM
To: Styron, Heather M. <[e-mail]>; [e-mail]
Cc: 'general' <[e-mail]>
Subject: [External] Windfare Condo Dock proposal Atlantic Beach N.C.
TO: Heather M. Styron
Division of Coastal Management
Michelle Eitner
Atlantic Beach Planning Dept.
From: Robert Webb
After reviewing the proposed docks located into the entrance of Moonlight Bay Atlantic Beach N.C. it is very evident that
the navigable waterway access is going to be severely limited and nearly impossible at low tide. I am an owner of dry
stack storage units located at the Crow's Nest Yacht Club. This proposal is simply unacceptable for myself, tenants
renting my slips and the other dock owners within the entire bay. The proposal does not take into account boats
docked. An 8 to 9 foot beamed boat on the proposed docks will make the channel impassible at low tide.
Do the developers intend on dredging at their cost? To be sure there is an alternate proposal that is more suitable and
accommodating to all the owners of dock space within the canal/bay and owners of slips and dry stacks at Crows Nest
Marina. Could you please provide the alternate design if one exist or explain what the reasoning is that the developers
feel they can block the entire channel?
Cordially,
Robert Webb
2111 Woodland Ave
Raleigh, NC 27608
919-422-5640
BCC Webb and Webb Esquire

Bodnar, Gregg
From: Styron, Heather M.
Sent: Thursday, August 6, 2020 8:47 AM
To: Bodnar, Gregg
Subject: FW: [External] Windfall channel
another
-----Original Message -----
From: Marjorie Spruill [mailto:[e-mail]]
Sent: Thursday, August 6, 2020 8:43 AM
To: Styron, Heather M. <[e-mail]>
Subject: [External] Windfall channel
CAUTION: External email. Do not click links or open attachments unless you verify. Send all suspicious email as an
attachment to [e-mail]<mailto:[e-mail]>
I am opposed to the cama permit to allow any docks or any structure any longer than what was their prior to the
request. L. D. Spruill
Sent from my iPad

Bodnar, Gregg
From: Styron, Heather M.
Sent: Thursday, August 6, 2020 8:56 AM
To: Bodnar, Gregg
Subject: Windfare Objection
Hey Gregg,
I have also received a voicemail from a Ms. Tracy Mayo (252-721-3246) with objections to this project. I will contact her
to email and send in a hard copy of these objections but wanted to put this one on your radar as well.
Thanks,
Heather

to
Michael W. Washburn
2504 Beechridge Road
Raleigh, N. C. 27608
August 6, 2020 RECEIVED
AUG 10 2020
Mr. Braxton C. Davis
Director; Division of Coastal Management DCM-MHD CITY
400 Commerce Avenue
Morehead City, N.C. 28557
Re: Windfare Condominium Pier Proposal
Dear Mr. Davis:
I am a Crow's Nest Yacht Club member who shares our Board's concerns about the
intrusion of the Windfare Condominium piers into the narrow channel that serves Moonlight
Bay. I am respectfully submitting my objection the project as proposed.
While I appreciate Windfare's desire to have extended docks to serve its community, it
appears to be too considerable a navigational obstacle to be practical.
Please have a close look at this one. Perhaps you can undertake to navigate the narrow
channel at low tide (or at least watch from shore) and envision the presence of what is proposed -
especially when there are vessels coming and going in both directions.
Thank you for your consideration of this request. In the meantime, I remain,
MWW/hs
Yours,
W. Washburn

Bodnar, Gregg
From: Styron, Heather M.
Sent: Thursday, August 6, 2020 10:27 AM
To: Bodnar, Gregg
Subject: FW: [External] Concerns About Windfare Condo Dock Proposal
Attachments: Windfare docks design with hydraulic survey locations 4853-1124-3206 v.t.pdf
another
From: Michael Washburn [mailto:[e-mail]]
Sent: Thursday, August 6, 2020 10:16 AM
To: Styron, Heather M. <[e-mail]>; [e-mail]
Subject: [External] Concerns About Windfare Condo Dock Proposal
Hello, Ms. Styron and Ms. Eitner
I am a Crow's Nest Yacht Club member who shares our Board's concerns about the intrusion of the Windfare
Condominium piers into the narrow channel that serves Moonlight Bay.
While I appreciate Windfare's desire to have 30 foot docks to serve its community, it just appears to be too considerable
a navigational obstacle to be practical.
Please have a close look at this one. I just don't see how it can work. Perhaps you can give a try at navigating the
narrow channel at low tide (or at least watch from shore) and imagine the presence of what is proposed - especially
when there are boats coming and going in both directions.
MWW
This email has been scanned for spam and viruses by First Service Carolina. 919-832-5553.
www.fscarolina.com

Bodnar, Gregg
From: Bodnar, Gregg
Sent: Thursday, August 13, 2020 8:01 AM
To: [e-mail]
Subject: Windfare objection acknowledgement
Morning Mr. Washburn,
As you may be aware, the Division of Coastal Management is coordinating a multi -agency state and federal review of the
proposal. I can assure your comments will be examined and taken into consideration prior to the Division taking final
action on this permit application, and you will be informed of this final action.
The Division appreciates you submitting comments on this application. Your comments will be added to the official
permit application file for this project.
Regards,
Gregg
Ctp++ «� <i reYYaxrrPvf Ou's,�
Gregg Bodnar
Assistant Major Permits Coordinator
DMsion of Coastal Management
Department of Environmental Quality
252 808 2808 ext 215 (Office)
Greaa.Bodnar@ncdenr aov
Email correspondence to and from this address is subject to the
North Carolina public Records Low and may be disclosed to third parties.

Bodnar, Gregg
From: Styron, Heather M.
Sent: Thursday, August 6, 2020 1:18 PM
To: Bodnar, Gregg
Subject: FW: [External] Windfare Condos - Proposed Boat docks
another
From: Jim Cronin[mailto:[e-mail]]
Sent: Thursday, August 6, 2020 10:44 AM
To: Styron, Heather M. <[e-mail]>
Cc: Craig Frey <[e-mail]>; Jimmy Winbourne <[e-mail]>; John
<[e-mail]>; Walter <[e-mail]>; [e-mail]
Subject: [External] Windfare Condos - Proposed Boat docks
Heather,
My name is Jim Cronin, and I am one of the Crow's Nest Marina Board members. I'm
writing you today to bring to your attention the right of way that will be encroached upon
with the building of 30' docks at Windfare Condos. I believe many home / boat owners
in the area are not aware of the planned docks.
I have recently passed through the channel at low tide and have observed the depth of
the water in this area. With 30' docks there will not be enough width in the channel,for
boats to pass without hitting the bottom of the channel at low tide. The deeper water is
near the Windfare development bulkhead.
Please investigate this situation before it becomes a major expense / issue (dredging, etc)
for the hundreds of boat / home owners that utilize this channel.
Thank You,
Jim Cronin [phone]

Bodnar, Gregg
From: Styron, Heather M.
Sent: Thursday, August 6, 2020 1:19 PM
To: Bodnar, Gregg
Subject: FW: [External] the Windfare Condos
From: Bill Peebles [mailto:[e-mail]]
Sent: Thursday, August 6, 2020 10:50 AM
To: Styron, Heather M. <[e-mail]>
Subject: [External] the Windfare Condos
email. Do not click links or open
Heather,
unless you verify. Send all suspicious email as an aGa men to
I am opposed to the dock project proposed for the Windfare Condos located at the end of Old Cswy Road.
This project will significantly reduce the navigable waterway at the entrance to Moonlight Bay and Crow's Nest yacht Club
where I have several boat slips. As you know this channel is a natural channel and narrow at low tide. Concerns arise
especially during low tide with larger vessels transiting inbound and outbound and during meeting situations.
I realize they will need access, but it will cause issues for all others who have been using this channel for years.
Please ask them to modify their project.
See ya at the movies,
BP.
Bill Peebles "Be careful what you ask for.
Ambassador Entertainment, Inc. You may get it."
1620 Glenwood Avenue [phone]
Raleigh, NC 27608 www.AmbassadorCinemas.com

Bodnar, Gregg
From: Styron, Heather M.
Sent: Thursday, August 6, 2020 1:20 PM
To: Bodnar, Gregg
Subject: FW: [External] Windfare Docks
From: Gary Hoover [mailto:[e-mail]]
Sent: Thursday, August 6, 2020 11:10 AM
To: Styron, Heather M. <[e-mail]>
Subject: [External] Windfare Docks
K
of open attachments unless you verify. Send ail suspicious email as an attachment to
Hello,
Hope all is a s well as can be with you during these times.
I am an owner of a slip at Crow's Nest Yacht Club and I have looked at the proposed plans for Windfare. It appears the
docks proposed along the east seawall would project into the channel 30+ feet. Now at times, particularly low tide, it is
difficult for two boats to pass. I believe the proposed 30 foot projection would effectively close the channel.
Thanks for any help.
Regards,
Garry Hoover
Sent from Mail for Windows 10

Bodnar, Gregg
From: Styron, Heather M.
Sent: Thursday, August 6, 2020 1:22 PM
To: Bodnar, Gregg
Subject: FW: [External] Windfare Condos
From: Tori Leahy [mailto:[e-mail]
Sent: Thursday, August 6, 2020 12:34 PM
To: Styron, Heather M. <[e-mail]>
Subject: [External] Windfare Condos
you verify apicious email as an attachment A
You have received a proposed boatlift and dock project located at the Windfare Condos located at the end of
Old Cswy Rd that will extend 30' into a busy channel that serves houses, restaurants and a busy marina. Given
the narrowness and variation of depths within that channel, going that far into the channel could impede 2 way
transit of crafts that are docked within this area. Please consider limiting the encroachment into this channel to
20'.

Bodnar, Gregg
From: Styron, Heather M.
Sent: Thursday, August 6, 2020 1:17 PM
To: Bodnar, Gregg
Subject: FW: [External] Windfare Docks
From an AB counsel member.
-----Original Message -----
From: Austin Waters [mailto:[e-mail]]
Sent: Thursday, August 6, 2020 10:43 AM
To: Styron, Heather M. <[e-mail]>
Subject: [External] Windfare Docks
CAUTION: External email. Do not click links or open attachments unless you verify. Send all suspicious email as an
attachment to [e-mail]<mailto:[e-mail]>
Hi Heather, I am Austin Waters, an Atlantic Beach Councilman. As you know we have many citizens of Atlantic Beach
that are concerned about the Windfare Docks that are soon to be built. I know CAMA has the responsibility of approving
the permits for these docks. I'm asking that you please take the concerns of these citizens into account when looking at
approving this permit as it is currently proposed . Their concerns are safety in relation to the high traffic volume, and
narrow channel, which these docks will play an important part. I'm sure CAMA will make a safe and fare decision after a
thorough study has been made. Thank you,
Austin Waters
Sent from my iPhone

Bodnar Gregg
From: shawn tutor <[e-mail]>
Sent: Thursday, August 6, 2020 2:26 PM
To: Bodnar, Gregg
Subject: [External] Winfare Condos
External email. Do not c ick links or open aTiachments unless ydu` a fy. Send all suspicioustti a' attachment t '
r�oor3sn u . __
Mr Bodnar,
If the Windare Condos at the end of Old Causeway Road are allowed to build docks that extend 30 feet out from the bulk
head into the channel. It will create a hazard to navigation. I keep my boat at the far end of the channel at Crows Nest. I
ran the channel today at mid tide staying off the bulk head 40 feet and ran aground. This channel is a natural and not
dredged. The navigable channel is constantly. So if you allow the docks to extended out 30 feet you will be closing the
channel for everyone who has a boat.
Thankyou
Shawn Tutor
252-235-8530

Bodnar, Gregg
From: shawn tutor <[e-mail]>
Sent: Friday, August 7, 2020 1:59 PM
To: Bodnar, Gregg
Subject: [External] Windfare Docks
icternaf ena ]. ti notlick links or open attachments un ess`you verify: Send'a tsu'sprcriiti3 eit0it ` a`n'atta fri to
Mr Bodnar,
I ran the channel where the Windare Docks are asking to build docks for the condos. They are asking for their
docks extend out 30 feet into the channel. I ran the channel this morning at dead low tide staying approximately 40 feet
off the sea wall to see if it was navigable. There is not enough water at low tide for me to get out forty feet of the wall.
Running out 40 feet off the wall simulates running only 10 feet from the docks if they are asking to build. In low light and
fog the docks will be a hazard to navigation. It is not a matter of if someone gets hurt but when if the project is allowed to
be built.
Thankyou
Shawn Tutor

DocuSign Envelope ID: 5E9080C2-536E-070D-625A-BgAA331OB445
"S WARDANDSMITKPA. AMY P. WANG, Attorney at Law
1001 College Court (28562)
Post Of0ce Box 867
New Bern, NC 28563-0867
August 6, 2020
VIA EMAIL
ORIGINAL VIA US MAIL
Mr. Gregg Bodner
NCDEQ Division of Coastal Management
400 Commerce Avenue
Morehead City, NC 28557
RE: Objection to Application for Major Modification of
CAMA Major Permit 123-18 Windfare Docks
402 Old Causeway Road, Atlantic Beach (Carteret County)
Our File 020355.00001
Dear Mr. Bodner:
P: 252.672.5516
F: 252.672.5477
[e-mail]
We represent Crows Nest Yacht Club, Inc., ("Crows Nest") at 407 Atlantic Beach
Causeway in Atlantic Beach. On behalf of the nearly 240 members who own the Crows
Nest club property and maintain their vessels at the Crows Nest Marina, we submit this
objection to the Application for Major Modification of CAMA Major Permit 123-18 for the
Windfare Docks.
Crows Nest Marina is located on a triangular piece of land between Atlantic Beach
Causeway and Old Causeway Road. The marina has waterfront access to public trust
waters at Moonlight Bay which connects to a canal and channel leading to Bogue Sound.
The members of Crows Nest can access Bogue Sound only through the public trust waters
of the channel located to the east of the Windfare property running south into Moonlight
Bay through a small canal. This natural channel is narrow at low tide because it is
flanked on the eastern side by a large sandbar and marsh area that is not navigable. The
channel contiguous to Windfare is the only means of ingress and egress and thus is of high
value to the public and members of Crows Nest for navigation from Moonlight Bay to
Bogue Sound.
Historically, the Windfare property was the old Channel Bay Mobile Home Park which
had limited docking that ran parallel to the bulkhead and channel. The deepest waters in
the channel are closest to the bulkhead, but parallel docking did not obstruct Crows Nest
ASHEVILLE GREENVILLE NEW BERN RALEIGH WILMIlNGTf
www.wardandsmith.com �1 `G�•C� 'LO.��
OG�

DocuSign Envelope ID: 5E9080C2-536B-470D-825A-B9AA3310B445
WARDANDSMrMP.A.
Mr. Gregg Bodner
August 6, 2020
Page 2
members' ingress and egress from Moonlight Bay. For over 40 years, Crows Nest
members have navigated in and out of the channel without obstruction.
On June 10, 2020, The Cullipher Group, PA, applied for modification of CAMA Major
Permit 123-18 on behalf of Windfare Condominiums, LLC. The design submitted proposes
nine docking facilities with 18 individual boat slips. Six of those docking facilities
containing 12 individual boat slips are arranged perpendicular to the bulkhead on the
eastern side of the property along the channel; the remaining three docking facilities are
to the north in Bogue Sound.
The six eastern docks encroach into the channel in such a way they will render current
access in and out of Moonlight Bay to Crows Nest Marina through the channel largely
impassible for many boats that belong to Crowns Nest members. Further, during low tide,
the channel near Windfare not only is at its lowest, but the width of the channel shrinks,
eliminating space necessary for safe navigation. Concerns arise especially during low tide
with larger vessels transiting inbound and outbound. Therefore, although the proposed
facilities may comply with an academic application of the Division's dock and pier rule 15A
NCAC 7H .0208(b)(6)(G)(known as the one-fourth rule), the length will unreasonably
interfere with navigation, and the rights of access to public trust waters of the members of
Crows Nest will be greatly impaired.
We request that portion of the design for the east side dock facilities as proposed be denied
for unreasonable interference with use of public trust areas and impairing safe navigation
through public trust waters.
Please contact me with questions.
Yours truly,
D«uSiyME by:
OI< ADOE2BGGBE...
Amy P. Wang
ND: 4815-4112-1980, v. 1
cc: Heather Styron, DCM (via e-mail)
Crows Nest Yacht Club, Inc. (via e-mail)
J. Troy Smith, Esq. (via e-mail)

John Frazier
From:
Sent:
To:
Subject:
John Frazier
ifrazierna. mcmichae I m it Is. com
Mobile: [phone]
John Frazier
Thursday, August 6, 2020 4:17 PM
John Frazier
Fwd: Windfare Condos / Dock Proposal / Objections
Begin forwarded message:
From: John Frazier <jwfrazier7(a)gmail.com>
Subject: Windfare Condos / Dock Proposal / Objections
Date: August 6, 2020 at 3:35:49 PM EDT
To: Heather. M. Styronancdenr.gov
Cc: Craig<generalmanager(cDcrowsnestyachtclub.com>
Dear Heather,
Ft�G��vVD
p4a1
oOM MNO c\��
I am writing to object to the proposal of installing docks at the Windfard Condo project. I just found out
about this yesterday for the first time and the proposal is shocking.
I am an owner, and have been for approximately 10 years, of a Slip and Lift at Crows Nest Yacht Club. I
cannot imagine a dock(s) being allowed / permitted to extend out into a small narrow channel where it
will potentially block quite a bit of boating traffic. The boating traffic I am referring to has been utilizing
this channel for years.
Depending on the hour / day / month, I believe Crows Nest may splash between 150 to 300 boats per
day. This traffic is in addition to the traffic from folks at Crows Nest with Wet Slips. In addition to this,
we have Restaurants with boat traffic coming in and out. We also have many nice folks owning houses
with docks and boats on and around Moonlight Bay. There is a lot of boat traffic related to all of this.
How can all of this existing traffic pass through the already narrow natural channel to get out and back
in with docks in the channel? So, this new developer wants to potentially block at least 1/3 of the
narrow channel potentially causing a mess!! Doesn't feel quite right does it??
In my opinion, the overall width of the channel is not the biggest issue but it is the SHALLOW WATER
DEPTH over approximately 1/3 the width of the channel. On the right side (marsh side) of the channel, it
is not very deep. I have a 26 foot center console and I have hit bottom (from medium to low tide) on
the right 1/3 of this narrow channel while making room for another boat entering the narrow passage
from the opposite direction. If the docks are put in as proposed, and the channel remains the same, the
channel will not be passable for 2 medium to larger boats to get through this area safely..... without
either colliding or running aground.
So in summary, I would like to file my objection for this developer to put in dock(s) sticking out into the
channel, taking over 1/3 (all deeper water) of this narrow channel, and causing a mess. There is a safety
icci m harp ac mall with rnrrpnt hnntina traffr Thorp is nn athiral iccnp harp in mu nnininn with a

developer trying to quietly make a "water grab" for what amounts to ONE HALF of the navigable
channel as it is today.
Please reject the proposal on this proiec.
Thank You,
John W. Frazier.
SOSO
o tiotio
o�M

Bodnar, Gregg
From: Styron, Heather M.
Sent: Thursday, August 6, 2020 4:09 PM
To: Bodnar, Gregg
Subject: FW: [External] Windfare Condos / Dock Proposal / Objections
And another
From: John Frazier [mailto:[e-mail]]
Sent: Thursday, August 6, 2020 3:36 PM
To: Styron, Heather M. <[e-mail]>
Cc: Craig<[e-mail]>
Subject: [External] Windfare Condos / Dock Proposal / Objections
Dear Heather,
I am writing to object to the proposal of installing docks at the Windfard Condo project. I just found out about
this yesterday for the first time and the proposal is shocking.
I am an owner, and have been for approximately 10 years, of a Slip and Lift at Crows Nest Yacht Club. I cannot
imagine a dock(s) being allowed / permitted to extend out into a small narrow channel where it will potentially
block quite a bit of boating traffic. The boating traffic I am referring to has been utilizing this channel for years.
Depending on the hour / day / month, I believe Crows Nest may splash between 150 to 300 boats per day. This
traffic is in addition to the traffic from folks at Crows Nest with Wet Slips. In addition to this, we have
Restaurants with boat traffic coming in and out. We also have many nice folks owning houses with docks and
boats on and around Moonlight Bay. There is a lot of boat traffic related to all of this. How can all of this
existing traffic pass through the already narrow natural channel to get out and back in with docks in the
channel? So, this new developer wants to potentially block at least 1/3 of the narrow channel potentially causing
a mess!! Doesn't feel quite right does it??
In my opinion, the overall width of the channel is not the biggest issue but it is the SHALLOW WATER
DEPTH over approximately 1/3 the width of the channel. On the right side (marsh side) of the channel, it is not
very deep. I have a 26 foot center console and I have hit bottom (from medium to low tide) on the right 1/3 of
this narrow channel while making room for another boat entering the narrow passage from the opposite
direction. If the docks are put in as proposed, and the channel remains the same, the channel will not be
passable for 2 medium to larger boats to get through this area safely.....without either colliding or running
aground.
So in summary, I would like to file my objection for this developer to put in dock(s) sticking out into the
channel, taking over 1/3 (all deeper water) of this narrow channel, and causing a mess. There is a safety issue
here as well with current boating traffic. There is an ethical issue here in my opinion with a developer trying to
quietly make a "water grab" for what amounts to ONE HALF of the navigable channel as it is today.
Please reject the proposal on this project.

Thank You,
John W. Frazier.

�. �.
--
_ _ �"
j-•ar _ �_' -_ __

John Frazier
iwfrazier7(")g gmail.com
Mobile [phone]

Bodnar, Gregg
From: Styron, Heather M.
Sent: Thursday, August 6, 2020 4:08 PM
To: Bodnar, Gregg
Subject: FW: [External] Windfare Dock Propolal
another
From: Todd [mailto:[e-mail]]
Sent: Thursday, August 6, 2020 3:36 PM
To: Styron, Heather M. <[e-mail]>
Subject: [External] Windfare Dock Propolal
External email Do not click links or open attachments unless you verify. Send all suspicious email as an attachment to
rx�pori tipamran�ncgoy
Hello,
I wish to voice my strong opposition to the proposed Windfare Dock proposal in Atlantic Beach,
NC. Before the new high-rise duplex development on the property there existed parallel dockage on
the channel the seawall. At low tide even parallel dockage made it very difficult for boats to pass
through the channel. If perpendicular dockage is allowed it will be impossible for a vessel which
draws over three feet to navigate the channel at extreme low tide.
If the developer wanted to have such dockage, they should have included it into their initial permit
rather that try and "back door" an addendum permit. Or could it be they knew the building
development would not have been approved in the first place if perpendicular docks were included?
Sometimes cynicism equates to experience. Follow the money
Sincerely,
Todd Engstrom
408 Club Colony Drive
Atlentic Beach, NC 28512

Bodnar Gregg
From: Todd <[e-mail]>
Sent: Thursday, August 6, 2020 8:01 PM
To: Bodnar, Gregg
Subject: Fwd: [External] Windfare Dock Propolal
Gregg.bodnaKa ncdenr.gov.
----Original Message -----
From: Styron, Heather M. <[e-mail]>
To: Todd <[e-mail]>
Sent: Thu, Aug 6, 2020 4:07 pm
Subject: RE: [External] Windfare Dock Propolal
Hello Mr. Engstrom,
I have forwarded your objections to the major permit section within my office. The contact is Gregg Bodnar and his email
is Greco bodnar(aDncdenr.00v. You can also send a hard copy in to the following;
Comments mailed to Braxton C. Davis, Director, Division of Coastal Management, 400 Commerce Avenue,
Morehead City, N.C. 28557, prior to 8/8/2020, will be considered in making the permit decision.
Thanks,
Heather
From: Todd [mailto:[e-mail]]
Sent: Thursday, August 6, 2020 3:36 PM
To: Styron, Heather M. <heather. m. styron@ncden r. gov>
Subject: [External]. Windfare Dock Propolal
Hello,
I wish to voice my strong opposition to the proposed Windfare Dock proposal in Atlantic Beach, NC. Before the new
high-rise duplex development on the property there existed parallel dockage on the channel the seawall. At low tide even
parallel dockage made it very difficult for boats to pass through the channel. If perpendicular dockage is allowed it will be
impossible for a vessel which draws over three feet to navigate the channel at extreme low tide.
If the developer wanted to have such dockage, they should have included it into their initial permit rather that try and "back
door" an addendum permit. Or could it be they knew the building development would not have been approved in the first
place if perpendicular docks were included?
Sometimes cynicism equates to experience. Follow the money.

Sincerely,
Todd Engstrom
408 Club Colony Drive
Atlentic Beach, NC 28512

Bodnar Gregg
From: Vicki Murray <[e-mail]>
Sent: Thursday, August 6, 2020 5:29 PM
To: Bodnar, Gregg
Subject: [External] Windfare dock proposal
aYe a inks or open" nnents� "� s you v Send all susp . 4nent to
Mr Bodnar,
As a resident of Old causeway rd I am concerned about the proposal for the dock boat lift permits requested for the
Windfair development. The current proposal puts the structures into the channel needed to navigate into Moonlight
Bay. It's possible it would not be navigable at low tide. I respectfully request this proposal not be approved as currently
submitted
Sincerely
Vicki Murray
310 Old Causeway Rd
Atlantic Beach NC

Bodnar Gregg
From: Styron, Heather M.
Sent: Friday, August 7, 2020 8:50 AM
To: Bodnar, Gregg
Subject: FW: [External] Winfare Channel blockage
Another
From: Dallas Spruill[mailto:[e-mail]]
Sent: Thursday, August 6, 2020 11:44 PM
To: Styron, Heather M. <[e-mail]>
Subject: [External] Winfare Channel blockage
x,
achments unless you verify. Send all suspicious email as an attachment to
Heather Styron
Please know I own a boat slip in crows nest marina and oppose plans for Winfare to build perpendicular boat
slips to the sea wall that block my existing access thru the channel.
Boat slips have been parallel to the sea wall for at least 40 years and at low tide they could be tight. This is not
only a bad idea it just won't work.
The easy solution is parallel to the sea wall.
Best regards,
L. A Spruill
Professional hard worker
919-971-1151 c

Bodnar Gregg
From: Styron, Heather M.
Sent: Friday, August 7, 2020 8:49 AM
To: Bodnar, Gregg
Subject: FW: [External] Windfair socks
Another
-----Original Message -----
From: BLAIR HARROLD [mailto:[e-mail]]
Sent: Thursday, August 6, 2020 7:06 PM
To: Styron, Heather M. <heather. m.styron @ ncdenr.gov>
Subject: [External] Windfair socks
CAUTION: External email. Do not click links or open attachments unless you verify. Send all suspicious email as an
attachment to [e-mail]<mailto:[e-mail]>
Please oppose these docks! I have a boat on a lift at Crows Nest and personally seen this channel at low tide. It's too
narrow! Thank you for your consideration!
Sent from my Whone

Bodnar, Gregg
From: Styron, Heather M.
Sent: Friday, August 7, 2020 8:35 AM
To: Bodnar, Gregg
Subject: FW: [External] Windfare Condo project
Another
-----Original Message -----
From: Eric Angel [mailto:[e-mail]]
Sent: Thursday, August 6, 2020 6:15 PM
To: Styron, Heather M. <[e-mail]>
Subject: [External] Windfare Condo project
CAUTION: External email. Do not click links or open attachments unless you verify. Send all suspicious email as an
attachment to [e-mail]<mailto:[e-mail]>
I am a longtime owner of a boat slip at crows nest marina. I have heard about the proposal of windfare encroachment
of thirty feet into the public waterway near the end of moonlight bay. That would create a hazard for all boats entering
or exiting moonlight bay. Please do not let this happen.
Thanks for your consideration.
Eric Angell.
Sent from my Whone

Bodnar Gregg
From: Styron, Heather M.
Sent: Friday, August 7, 2020 9:22 AM
To: Bodnar, Gregg
Subject: FW: [External] Winfare Condos And Docks At The End of Old Causeway Road
Another
From: Adams, Randy[mailto:[e-mail]]
Sent: Friday, August 7, 2020 9:20 AM
To: Styron, Heather M. <[e-mail]>; [e-mail] .
Subject: [External] Winfare Condos And Docks At The End of Old Causeway Road
not click links or open attachments unless you verify. Send all susplctous email as an attacnr
Hello Heather and Michelle. I am writing to express my opposition — and alarm — at the proposal for putting
docks in the waterway at the Winfare Condo project. My family and I have owned slips and kept boats at
Crow's Nest Yacht Club since the Club was formed. We use the channel from Moonlight Bay to the Sound
constantly. It is a very busy channel. On summer weekends in particular, it is common to have lines of boats
moving through that channel in opposite directions at the same time. We were quite surprised to learn that
Winfare is attempting to put docks out into the channel. The channel is narrow at low tide as is, and the
prospect of reducing the channel by 30' is hard to imagine. Now throw condo -owner boats coming in and out of
their slips into a too -narrow channel, and I think you've created a real mess. More important than the "mess",
however, is the obvious safety concern. Allowing those docks to be built would be a dangerous, irreversible
mistake. Safe, open waterways may be Atlantic Beach's most valuable asset. Please help us preserve that.
Randy Adams
Randall R. Adams I Partner
Poyner SpruIII
ATTORNEYS Al LAW
1151 Falls Road, Suite 1000
Rocky Mount, NC 27804
P.O. Box 353, Rocky Mount, NC 27802-0353
D: 252 972 7094 1 M: 252 903 5276
[e-mail] I www poynerspruill.corn
©OB
Due to the increasing risks posed by the spread of COVID-19, we have made the decision to have all attorneys and staff
work remotely. This decision comes after much planning and close monitoring of media and local government coverage
of the virus.
Maintaining a safe work environment, while continuing to serve our clients is our highest priority. We have taken steps to
ensure that our attorneys and staff are equipped with the proper technology that will allow them to seamlessly serve our
clients. Thank you for your patience and understanding during this time of uncertainty

Bodnar, Gregg
From: Styron, Heather M.
Sent: Wednesday, August 5, 2020 3:01 PM
To: Bodnar, Gregg
Subject: FW: [External] Windfare Project
FYI I sent him the information on where to send his objections
From: Freddy Wall[mailto:[e-mail]]
Sent: Wednesday, August 5, 2020 2:56 PM
To: Styron, Heather M. <[e-mail]>
Subject: [External] Windfare Project
External email. Do not click links or open attachments unless you verify. Send all suspicious email as an attachment to
Hello, I have a boat slip at Crows Nest. Its 32 foot long and drafts 30". 1 do not know the intentions of the permit but I
do know these docks will protrude way past what was there when the trailers were. The builder already moved the sea
wall out as he rebuilt it, and now this is 30" more. Is this legal, do we as land owners have any recourse to prevent them
from clogging up the water way? Please advice me. Thx
Freddy V. Wall
President/Owner
AIR SYSTEM SERVICES. INC.
2849 Smithfield Rd.
Knightdale, INC 27545
Office: [phone]
maifto:fwallralai rsystemsewices. com
Confidentiality NOUCO: This message, together with any attachments, maybe legally privileged and is confidential information intended only for
the use of the individual or entity to which it is addressed. It is exempt from disclosure under applicable law including court orders. If you are not the
intended recipient, you are hereby notified that any use, dissemination, distribution or copy of this message, or any attachment, is strictly prohibited. If
you have received this message in error, please immediately notify the original sender and delete this message, along with any attachments, from your
computer.

Bodnar, Gregg
From: James Perry <[e-mail]>
Sent: Sunday, August 9, 2020 1:14 PM
To: Bodnar, Gregg
Subject: [External] Fwd: Concerns on Windfare Docks
Attachments: Windfare Condominiums 2020.05.01 CAMA Major Mod.pdf
Hi Gregg,
I was given your name as the point of contact regarding concerns for the CAMA Major Modification Request #123-18. 1
am writing to express safety concerns for the safe navigation of the channel if this project moves forward as proposed. I
own 2 boat slips in the marina and would be an impacted party.
Please contact me with any questions, or if I need to make any additional notifications.
Thank you,
Jim Perry
Begin forwarded message:
From: David Walker<[e-mail]>
Subject: RE: Concerns on Windfare Docks
Date: August 9, 2020 at 12:37:51 PM EDT
To: James Perry <[e-mail]>
Cc: Trace Cooper <[e-mail]>, Julian Griffee <[e-mail]>,
Ron Cullipher <ron tcepa.com>
Senator Jim Perry:
Thank you for your email concerning CAMA Major Modification Request - #123-18, proposal to add
docks to the Windfare Development. As this modification request is for a CAMA Major permit, the
administering office is the Division of Coastal Management and the permit is a decision of the State.
Furthermore, marine structures on the water are governed by this same office.
Our office has reached out to the Cullipher Group requesting information pertaining to what existed
previously compared to what is being proposed. Kindly find that document that our Office has received
attached to this email. Our office may receive additional information from the Cullipher Group.

Edd
In the event that you have not contacted the Division of Coastal Management with your concerns, kindly
see below for the person that should be contacted regarding questions, comments, and concerns
related to CAMA Major Permits:
Gregg Bodnar- [e-mail].
It is from my understanding that you can also send a hard copy in to the following;
Comments mailed to Braxton C. Davis, Director, Division of Coastal Management, 400 Commerce
Avenue, Morehead City, N.C. 28557, prior to 81812020, will be considered in making the permit decision.
Please let me know if you have further questions.
Best regards,
dw
cc Mayor Trace Cooper
David R. Walker, Town Manager
Town of Atlantic Beach
125 W. Fort Macon Road PO Box 10
Atlantic Beach, NC 28512
Off+ce [phone] ext 2237
Cell [phone]
w ,atlandcbeach-nc.com
From: James Perry <[e-mail]>
Sent: Sunday, August 09, 2020 8:49 AM
To: David Walker<[e-mail]>
Subject: Re: Coral Bay Club request for flashing lights at cross walk on Hwy 58
David,
I have concerns about the proposed Windfare Condominium Dock project. I don't think the east side
dock facilities should be allowed to interfere with safe navigation of that channel.
Please contact me with any questions, or to let me know if I need to express concerns to any particular
contact.
Thank you,

r
Bodnar, Gregg
From: Styron, Heather M.
Sent: Friday, August 7, 2020 3:40 PM
To: Bodnar, Gregg
Subject: FW: [External] Windfare Dock proposal
Attachments: Windfare docks design with hydraulic survey locations 4853-1124-3206 v.l.pdf
Another
From: Armistead Mauck [mailto:[e-mail]]
Sent: Friday, August 7, 2020 3:37 PM
To: Styron, Heather M. <[e-mail]>
Cc: Louise Mauck <[e-mail]>
Subject: [External] Windfare Dock proposal
Heather:
I live at 207 Moonlight Dr. on Moonlight Bay. This design will not work without modifying the existing
channel. I would be happy to meet on site and show anyone interested, what I am seeing. With proper
planning and dredging/maintaining this can potentially work.
Armistead B. Mauck
cherryenergy
P.O. Box 1424
Kinston, NC 28503
Cell: [phone]
www.CherrvEnerov.com
Find us on
Facebook
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WINDFARE DOCKS
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Bodnar, Gre
From:
Richard Lee <[e-mail]>
Sent:
Friday, August 7, 2020 3:07 PM
To:
Bodnar, Gregg
Subject:
[External] FW: CAMA Major Modification Request - #123-18, proposal to add docks to
the Windfare Development
Attachments:
Moonlight Bay Concerns 080720.docx
nal email. Do not click links or open attachments unless you verify. Send all suspicious email as an attachment to
From: Richard Lee [mailto:[e-mail]]
Sent: Friday, August 7, 2020 3:04 PM
To: '[e-mail]' <[e-mail]>
Cc:'[e-mail].'<[e-mail].>
Subject: CAMA Major Modification Request - #123-18, proposal to add docks to the Windfare Development
Mr. Davis,
Please note the attached letter of concern regarding the above subject. Thank you for your attention to and
consideration of our concerns.
Richard and Katherine Lee
919.612.4134

it
August 7, 2020
205 Moonlight Drive
Atlantic Beach, NC 28512
Mr. Braxton C. Davis, Director
Division of Coastal Management,
400 Commerce Avenue,
Morehead City, N.C.18557
RE: CAMA Maior Modification Request - #123-18, proposal to add docks to the Windfare Development
Dear Mr. Davis
We have had a home on Moonlight Bay for 50 years and have thoroughly enjoyed Moonlight Bay and its
easy access to Bogue Sound and outside waters. Therefore, we have major concerns regarding the
proposed dock plans for the Windfare Townhomes Development now under construction —this land
formerly housed a trailer park. In fact, this is a major concern for anyone who boats into Moonlight Bay,
either as a property owner, renter, visitor, just boating, or utilizing the services at the Crows's Nest
Marina:
As you know, the Windfare Development is located at the Moonlight Bay channel connecting our Bay to
Bogue Sound. The advertised site information states that "each canal front unit will convey with
15,000 lb. lift to accommodate a 25' vessel. " The site plan indicates 12 of these lifts. Additionally we
understand that the developer of Windfare, the Cullipher Group, has no intensions to widen nor dredge
the Moonlight Bay channel. We also believe that the channel survey information originally submitted to
the Town and CAMA is inaccurate, thus misleading. As we all are aware, this natural channel is very
narrow as is, and if the permit is granted by CAMA, ingress and egress will become extremely restricted
to all boat traffic.
While we are sure that the required notification practice was adhered to, I assure you that there are
many property owners and boaters who are not aware of how these proposed lifts will affect this
natural channel and will be very unhappy and upset.
We as property owners and boaters using this channel are in major opposition to this request!
Sincerely,
Richard.a*i&Katherbrt& Lees
919.612.4134
cc: Mr. Gregg Bodnar- Grego. hodnarCa ncdenr.gov.

Bodnar, Gregg
From: Styron, Heather M.
Sent: Friday, August 7, 2020 1:46 PM
To: Bodnar, Gregg
Subject: FW: [External] Windfare docks
Another
-----Original Message -----
From: freeman paylor [mailto:[e-mail])
Sent: Friday, August 7, 20201:26 PM
To: Styron, Heather M. <[e-mail]>
Subject: [External] Windfare docks
CAUTION: External email. Do not click links or open attachments unless you verify. Send all suspicious email as an
attachment to [e-mail]<mailto:[e-mail]>
Heather, I keep a boat at Crow's Nest Marina. I have learned Windfare is proposing to build docks to extend 30 feet into
the channel. This is very concerning in that our channel is very narrow at low tide. If their docks are permitted, it will
create congestion & safety issues. Thank you for taking my concern in consideration when coming to a decision.
Freeman Paylor
Sent from my Wad

Bodnar, Gregg
From: Davis, Braxton C
Sent: Monday, August 10, 2020 10:30 AM
To: Bill Langston
Cc: Bodnar, Gregg; Craig Frey
Subject: RE: [External] Windfare Townhome Cama Application
Mr. Langston,
I'm acknowledging receipt of your email. We will make sure your comments are reviewed and considered during the
project review, and included in the project file.
Sincerely,
Braxton
Braxton Davis
Director, Division of Coastal Management NC Department of Environmental Quality Morehead City, NC 28557
[phone] x202
-----Original Message -----
From: Bill Langston [mailto:[e-mail]]
Sent: Saturday, August 8, 2020 11:15 AM
To: Davis, Braxton C <[e-mail]>
Cc: Bodnar, Gregg <[e-mail]>; Craig Frey<[e-mail]>
Subject: [External] Windfare Townhome Cama Application
CAUTION: External email. Do not click links or open attachments unless you verify. Send all suspicious email as an
attachment to [e-mail]<mailto:[e-mail]>
August 8 2020 ,
CAMA
Braxton Lewis, Director
400 Commerce Ave.
Morehead City, NC 28557
Dear Mr. Lewis,
I have learned that the newly developed Windfare Townhomes, located on the left when exiting the narrow Moonlight
Bay channel to enter Bogue Sound (where the trailer park used to be), have applied to the City of Atlantic Beach and
CAMA to build boat docks with boatlifts that are perpendicular to the bulkhead, instead of parallel as they were in the
past. These new boatlifts/docks will greatly encroach on the already very narrow channel. As a 31 foot boat and slip
owner at the Crows Nest Yacht Club I am much concerned.
The channel survey which the developers used to gain approval from the town of Atlantic Beach and CAMA is misleading
and needs to be challenged. The width of the true channel is much narrower and the depth much shallower, especially
on low tide which is when a survey should be completed. The Crows Nest Yacht Club is currently working with the legal

I
counsel of Ward and Smith in New Bern and will pay to secure a more conclusive engineering survey of the channel.
ask that you prevent developers from moving forward until a new survey can be obtained.
Thank you,
Sincerely,
Bill Langston
Slip owner crows nest yacht club

Bodnar, Gregg
From: Davis, Braxton C
Sent: Monday, August 10, 2020 10:28 AM
To: Linda Branch; Bodnar, Gregg
Subject: RE: [External] Moonlight Bay Docks
Ms. Branch, I'm acknowledging receipt of your email. We will make sure your comments are considered and
added to the project file.
Sincerely,
Braxton
*********************************************
Braxton Davis
Director, Division of Coastal Management
NC Department of Environmental Quality
Morehead City, NC 28557
[phone] x202
From: Linda Branch [mailto:[e-mail]]
Sent: Saturday, August 8, 2020 9:27 PM
To: Davis, Braxton C <[e-mail]>; Bodnar, Gregg <[e-mail]>
Subject: [External] Moonlight Bay Docks
Extememail. Do not click finks or open attachments unless you verify. Send all suspicious email as an attachment to
aai m a
As an owner at 211 Moonlight Drive, I am opposed to the docks (Windfare) that are being considered to built in
the channel. There is not enough room for the docks to be perpendicular to the bulkhead.
Thank you for listening to my concern.
Linda Branch

Bodnar, Gregg
From: Linda Branch <[e-mail]>
Sent: Saturday, August 8, 2020 9:27 PM
To: Davis, Braxton C; Bodnar, Gregg
Subject: [External] Moonlight Bay Docks
• 3Ztu fa ail. Do not click links or open attachments unless you verify. Send all sus ous"erne as an'atta 0 '
amo)nc.yv
As an owner at 211 Moonlight Drive, I am opposed to the docks (Windfare) that are being considered to built in the
channel. There is not enough room for the docks to be perpendicular to the bulkhead.
Thank you for listening to my concern .
Linda Branch

6 August 2020
John Jenkins
215 Moonlight Drive
Atlantic Beach, NC 28512
[e-mail]
Braxton C. Davis, Director
Division of Coastal Management
400 Commerce Avenue
Morehead City, NC 28552
Dear Sir:
Please allow me to respectfully disagree with the proposed design for the expansion of docks at
Windfare Condominiums, LLC. To the best of my knowledge this design significantly expands
upon the previous docks encroachment of the waterway. I am not opposed to a replacement
of the docks provided they do not extend any further into the waterway than the previous
structures. The wall has already been replaced beyond the previous wall.
I have flounder gigged for 20 years along this waterway next to the marsh and I am very familiar
with what the depths are at low tide. The working channel cannot afford to be reduced. The
"Approximate Opposing Shoreline" noted on the submittal is misleading. May I suggest that the
available 4' depth at low tide of the existing waterway be surveyed and indicated on the map. I
believe this additional information will be enlightening.
Reg rds,
Wit.
�` ��
RECEIVED
AUG 10 2020
DCM-MHD CITY

Bodnar, Gregg
From: Bodnar, Gregg
Sent: Monday, August 10, 2020 1:42 PM
To: [e-mail]
Subject: Windfare Condominiums LLC
Attachments: D00073120-07312020134325.pdf
Afternoon Sir,
As you may be aware, the Division of Coastal Management is coordinating a multi -agency state and federal review of the
proposal. I can assure your comments will be examined and taken into consideration prior to the Division taking final
action on this permit application, and you will be informed of this final action.
The Division appreciates you submitting comments on this application. Your comments will be added to the official
permit application file for this project.
Thanks,
Gregg
Gregg Bodnar
Assistant Major permits Coordinator
Division of Coastal Management
Department of Environmental Quality
252 BOB 280$ eft 21S (Office)
Greaa. Bodnar�ncdenr goy
Email correspondence to and from this address is subject to the
North Carolina Public Records taw and maybe disclosed to third parties.

Bodnar, Gregg
From: Styron, Heather M.
Sent: Tuesday, August 11, 2020 8:01 AM
To: Bodnar, Gregg
Subject: FW: [External] Windfair Condos Proposal
Another
From: michael hailer [mailto:[e-mail]]
Sent: Monday, August 10, 2020 9:24 PM
To: Styron, Heather M. <[e-mail]>
Subject: [External] Windfair Condos Proposal
4 External email. Do not click links or open attachments unless you verify. Send all suspicious email as an attachment to
Heather,
As an owner and user of the waterway under proposal, I hope you'll consider those of us that already property that need
to use the waterway these condos are proposing all but blocking. I took my boat out this weekend and was very
concerned the waterway was going to be all but eliminated under the proposed plan. Forget what this will do to existing
property values, it will severely limit (in my honest opinion) our ability to use the waterway.
I find this proposal absolutely ludicrous and filled with nothing but greed that these developers are even proposing this
as an option.
I hope you will understand this will severely hamper those of us that rely on this passage to use our boats and prevent
these developers from all but cutting off our access.
Regards,
Michael Haller, owner of a slip at Crow's Nest Yacht Club.
919-971-2194.

Angela S. Stanley
3011 Evans Street
Morehead City, NC 28557
August 6, 2020
CAMA
Braxton Lewis, Director
400 Commerce Ave.
Morehead City, NC 28557
Dear Mr. Lewis,
I have learned that the newly developed Windfare Townhomes, located on the left when
exiting the narrow Moonlight Bay channel to enter Bogue Sound (where the trailer park
used to be), have applied to the City of Atlantic Beach and CAMA to build boat docks
with boatlifts that are perpendicular to the bulkhead, instead of parallel as they were in
the past. These new boatlifts/docks will greatly encroach on the already very narrow
channel. As a 31 foot boat and slip owner at the Crow's Nest Yacht Club I am much
concerned.
The channel survey which the developers used to gain approval from the town of
Atlantic Beach and CAMA is misleading and needs to be challenged. The width of the
true channel is much narrower and the depth much shallower, especially on low tide
which is when a survey should be completed. The Crow's Nest Yacht Club is currently
working with the legal counsel of Ward and Smith in New Bern and will pay to secure a
more conclusive engineering survey of the channel. I ask that you prevent developers
from moving forward until a new survey can be obtained.
Thank you,
Sincerely,
Angela S. Stanley
RECEIVED
AUG 0 7 292 I
DCM-MHD CITY

Angela S. Stanley
3011 Evans Street
Morehead City, NC 28557
August 6, 2020
CAMA
Braxton Lewis, Director
400 Commerce Ave.
Morehead City, NC 28557
Dear Mr. Lewis,
I have learned that the newly developed Windfare Townhomes, located on the left when
exiting the narrow Moonlight Bay channel to enter Bogue Sound (where the trailer park
used to be), have applied to the City of Atlantic Beach and CAMA to build boat docks
with boatlifts that are perpendicular to the bulkhead, instead of parallel as they were in
the past. These new boatlifts/docks will greatly encroach on the already very narrow
channel. As a 31 foot boat and slip owner at the Crow's Nest Yacht Club I am much
concerned.
The channel survey which the developers used to gain approval from the town of
Atlantic Beach and CAMA is misleading and needs to be challenged. The width of the
true channel is much narrower and the depth much shallower, especially on low tide
which is when a survey should be completed. The Crow's Nest Yacht Club is currently
working with the legal counsel of Ward and Smith in New Bern and will pay to secure a
more conclusive engineering survey of the channel. I ask that you prevent developers
from moving forward until a new survey can be obtained.
Thank you,
Sincerely,
Angela S. Stanley
RECEIVED
AUG 0 7 2P 1
DCM-MHD CITY

k
ROY COOPER
Governor
MICHAEL S. REGAN
Secretary
BRAXTON C. DAVIS
Director
Angela Stanley
3011 Evans St.
Morehead City, NC 28557
Dear Ms. Stanley:
NORTH CAROLINA
Environmental Quality
August 13, 2020
Thank you for your letter dated August 6, 2020 concerning the Coastal Area Management Act
(CAMA) Major Modification Permit application submitted by Windfare Condominiums I.I.C. As
you may be aware, the Division of Coastal Management is coordinating a multi -agency state
and federal review of the proposal. I can assure your comments will be examined and taken
into consideration prior to the Division taking final action on this permit application, and you
will be informed of this final action.
The Division appreciates you submitting comments on this application. Your comments will be
added to the official permit application file for this project. Please feel free to contact me by
phone [phone] extension 215), or email (Gregg. [e-mail]) if you should have
any additional concerns relating to this project.
Sincerely,
OWWM
Gregg Bodnar
Assistant Major Permits Coordinator
meo��
North Carolina Department of Environmental Quality I Division of Coastal Management
Morehead City Office 1 400 Commerce Avenue I Morehead City, North Carolina 28557
252.8082808

Bodnar, Gregg
From: Davis, Braxton C
Sent: Wednesday, August 12, 2020 8:50 AM
To: Dean Lamont
Subject: RE: [External] Regarding plan to build 30ft boat docks entering Moonlite bay
Mr. Lamont,
I'm confirming receipt of your email. We appreciate your submitting comments on this application. I assure you
that your comments will be considered prior to the Division taking final action on this permit application, and
we will inform you of the final permit decision. A copy of your email will also be added to the official permit
application file for this project.
Sincerely,
Braxton
*********************************************
Braxton Davis
Director, Division of Coastal Management
NC Department of Environmental Quality
Morehead City, NC 28557
[phone] x202
From: Dean Lamont [mailto:[e-mail]]
Sent: Tuesday, August 11, 2020 9:56 PM
To: Davis, Braxton C <[e-mail]>
Subject: [External] Regarding plan to build 30ft boat docks entering Moonlite bay
Mr Davis. I am a charter captain leaving from Casey Wagners property Coldwell Bankers in Moonlite Bay. I
have kept my boat on a lift since 2003
I am very familiar with the small natural channel leaving Moonlite bay to the sound. Before the last hurricane,
when the trailer park was on the corner there were a few boats docked parallel to the bulkhead This barely
allowed enough water between the boats to the shallow water extending from the marsh island across the
channel for two boats to pass in opposite direction. There is a lot of boat traffic in this channel during the
summer crows nest marina is at the end of the bay and sells gas
I also have concern with boats leaving and returning during dark or low light conditions with the piers sticking
out 30 ft into the channel.
I would ask you to carefully inspect this situation. Possible place a sample pier into the channel to visually see
my concern.
My only concern is for safe passage thru the area in question and any damage done to the channel
Thank you for your consideration
Capt Dean Lamont
919-414-2452
Former member of the DMF central advisory board.

R
Bodnar, Gregg
From: [e-mail]
Sent: Wednesday, August 12, 2020 8:15 AM
To: Davis, Braxton Q Bodnar, Gregg
Subject: [External] CAMA Major Modification Request - #123-18, proposal to add docks to the
Windfare Development
or o en attachments unless�. Send all suspicious emall :
August 12, 2020
216 Moonlight Drive
Atlantic Beach, NC 28512
Mr Braxton C. Davis, Director
Division of Coastal Management,
400 Commerce Avenue,
Morehead City, N.C. 28557
RE: CAMA Major Modification Request - #123-18 proposal to add docks to the Windfare Development
Dear Mr. Davis:
I have had a home on Moonlight Bay for over 20 years and have thoroughly enjoyed Moonlight Bay and its easy access to
Bogue Sound and outside waters. Therefore, I have major concerns regarding the proposed dock plans for the Windfare
Townhomes Development now under construction —this land formerly housed a trailer park. In fact, this is a major
concern for anyone who boats into Moonlight Bay, either as a property owner, renter, visitor, just boating, or utilizing the
services at the Crows's Nest Marina.
As you know, the Windfare Development is located at the Moonlight Bay channel connecting our Bay to Bogue
Sound. The advertised site information states that "each canal front unit will convey with 15,000 lb. lift to accommodate
a 25' vessel." The site plan indicates 12 of these lifts. Additionally I understand that the developer of Windfare, the
Cullipher Group, has no intentions to widen nor dredge the Moonlight Bay channel. I also believe that the channel survey
information originally submitted to the Town and CAMA is inaccurate, thus misleading. As we all are aware, this natural
channel is very narrow as is, and if the permit is granted by CAMA, ingress and egress will become extremely restricted to
all boat traffic and could be impassible to some boats at times of low tide
While we are sure that the required notification practice was adhered to, I assure you that there are many property owners
and boaters who are not aware of how these proposed lifts will affect this natural channel and will be very unhappy and
upset.
We as property owners and boaters using this channel are in major opposition to this request!
Sincerely,
William B. Rogers Jr.
336-817-5158

Bodnar Gregg
From: Bodnar, Gregg
Sent: Wednesday, August 12, 2020 8:34 AM
To: [e-mail]; Davis, Braxton C
Subject: RE: [External] CAMA Major Modification Request - #123-18, proposal to add docks to
the Windfare Development
Morning Mr. Rogers,
As you may be aware, the Division of Coastal Management is coordinating a multi -agency state and federal review of the
proposal. I can assure your comments will be examined and taken into consideration prior to the Division taking final
action on this permit application, and you will be informed of this final action.
The Division appreciates you submitting comments on this application. Your comments will be added to the official
permit application file for this project.
Thanks,
G regg
cu •,,;r„.
Cipii'.+aciWdar' ar,
Gregg Bodnar
Assistant Major Permits coordinator
Division of Coastal Management
Department of Environmental quality
252 808 2808 ext 215 (Office)
Gregg BodnarMncdenr.cov
Email correspondence to and from this address is subject to the
North Carolina Public Records taw and may he disclosed to third parties.
From: [e-mail] <[e-mail]>
Sent: Wednesday, August 12, 2020 8:15 AM
To: Davis, Braxton C <Braxton. Davis@ NCDEN R.Gov>; Bodnar, Gregg <[e-mail]>
Subject: [External] CAMA Major Modification Request - #123-18, proposal to add docks to the Windfare Development
August 12, 2020
216 Moonlight Drive
Atlantic Beach, NC 28512
Mr. Braxton C. Davis, Director
Division of Coastal Management,
400 Commerce Avenue,

Bodnar, Gregg
From: Styron, Heather M.
Sent: Tuesday, August 11, 2020 12:29 PM
To: Bodnar, Gregg
Subject: FW: [External] Proposed Docks at Windfare
From: Kristy Garrison[mailto:[e-mail]]
Sent: Tuesday, August 11, 2020 12:28 PM
To: Styron, Heather M. <[e-mail]>
Subject: [External] Proposed Docks at Windfare
Do not click links or open attachments unless you verify, Send all suspicious email as an attachment to
r�� A
Hello Ms. Styron,
I am writing to you as a concerned citizen and taxpayer of Atlantic Beach. I recently learned that the Windfare
Condos are proposing to build docks that extend 30 feet into the waterway/channel at the entrance to Moonlight
Bay. The old docks that were there (when the mobile home park was in existence) were parallel to the
seawall. It was difficult enough to give other boats enough clearance while passing each other when those
docks were there. If the new plans are approved, it will significantly negatively affect the navigable waterway.
In addition, I fear there will be damage to the wetlands adjacent to the natural channel if boat traffic is forced to
move over in that direction. Please consider all of this when making your decision.
Respectfully,
Katherine Garrison

Bodnar, Gregg
From: Kristy <[e-mail]>
Sent: Thursday, August 13, 2020 2:43 PM
To: Bodnar, Gregg
Subject: [External] Windfare Dock Proposal
Attachments: cid68BB12E0-CBEE-4FF7-9774-E00196B4A49C.pdf
attachment to
Dear Gregg,
Hello! I am writing to you as a concerned citizen and taxpayer of Atlantic Beach. I recently learned that the
Windfare Condos are proposing to build docks that extend 30 feet into the waterway/channel at the entrance to
Moonlight Bay. The old docks that were there (when the mobile home park was in existence) were parallel to
the seawall. It was difficult enough to give other boats enough clearance while passing each other when those
docks were there. If the new plans are approved, it will significantly negatively affect the navigable waterway.
In addition, I fear there will be damage to the wetlands adjacent to the natural channel if boat traffic is forced to
move over in that direction. Please consider all of this when making your decision.
Respectfully,
Katherine Garrison

Bodnar, Gregg
From: Bodnar, Gregg
Sent: Friday, August 14, 2020 9:14 AM
To: Kristy
Subject: RE: [External] Windfare Dock Proposal
Morning Ms. Garrison,
As you may be aware, the Division of Coastal Management is coordinating a multi -agency state and federal review of the
proposal. I can assure your comments will be examined and taken into consideration prior to the Division taking final
action on this permit application, and you will be informed of.this final action.
The Division appreciates you submitting comments on this application. Your comments will be added to the official
permit application file for this project.
Regards,
Gregg
Gregg Bodnar
Assistant Major Permits Coordinator
Division of Coastal Management
Department of Environmental Quality
252 Wa 29M ext 215 (office)
Gregg.ftOnar@)ncdenr.gov
Email correspondence to and from this address is subject to the
North Carolina Public Records Law and may be disclosed to third portles.
From: Kristy <[e-mail]>
Sent: Thursday, August 13, 2020 2:43 PM
To: Bodnar, Gregg <[e-mail]>
Subject: [External] Windfare Dock Proposal
® External etnaiL Doznot click finks or open attachments unless you veiif .-Send a!I sus`picious'ema l asgan attacfimentlto
ie ort.s am nc ova _ :, "� � .^� •
Dear Gregg,
Hello! I am writing to you as a concerned citizen and taxpayer of Atlantic Beach. I recently learned that the
Windfare Condos are proposing to build docks that extend 30 feet into the waterway/channel at the entrance to
Moonlight Bay. The old docks that were there (when the mobile home park was in existence) were parallel to
the seawall. It was difficult enough to give other boats enough clearance while passing each other when those
docks were there. If the new plans are approved, it will significantly negatively affect the navigable waterway.

In addition, I fear there will be damage to the wetlands adjacent to the natural channel if boat traffic is forced to
move over in that direction. Please consider all of this when making your decision.
Respectfully,
Katherine Garrison

1
Bodnar, Gregg
From:
JOHN STANLEY <[e-mail]>
Sent:
Thursday, August 13, 2020 7:33 AM
To:
Styron, Heather M.
Cc:
Bodnar, Gregg
Subject:
[External] Re: Windfare Objections
I{4it`�JIL9►' tFaa4terr431 email• 04 nq#dick links or oErn attachments unI you verify. Send all suspicious email as an attach
Heather
Thanks for the follow up phone call. As requested I will outline my concerns to the construction of the new
boat docks as proposed and why I am objecting to the issue of a permit of the current proposed request.
I have owned slips at the Crows Nest yacht club for approximately 20 years. I purchased the slips for personal
use as well as for investment purposes. When I began using the existing channel 20 years ago I was told
where the deep water channel was located and I always traveled out from Crows Nest to Bogue
Sound hugging the western side of the canal as that was where the deep water natural channel was located.
Twenty years later the channel has basically remained the same with very little change. At that time boats
were permitted to park parallel to the existing seawall with limited intrusion to the channel. This provided
boaters use of the deeper water and provided safe two way traffic on higher tides although in lower tides boat
traffic would come in closer proximity to each other as the water to the east side of the channel in certain
areas next to the natural marsh was limited because of the shallow depths. Since the removal of the trailers
and boats I find myself travelling closer to the seawall than I did in the past because I have an inboard boat
and draw three feet and have no obstructions of docks or boats extending off of the seawall . Twenty years
ago, I as well as others did not have the electronics to tell us the depth of water. Today I use my GPS that
gives me the depths of the water and therefore I find myself closer to the seawall to give me the greater
margins. 1 feel the proposed location of the new docks will be utilizing a large portion of the natural channel
and restricting access to the natural channel for the following reasons :
1- At Crows Nest you have approximately 240 boats that are affected.
2- You have approximately 50 boats docked around Moonlight Bay.
3- Basically you are considering to allow twelve (12) boats to affect and restrict the free use of the natural
deep water channel to all property owners of Moonlight Bay and Crows Nest and other transient boaters who
use these waters.
4- Crows Nest Yacht Club sells fuel to many of the boats on the east side of Atlantic Beach Causeway as we
are a convenient location and they have easy and basically unobstructed and uncongested access to our
facility.
5- 1 object that the LLC printed information and sold condos stating they would be provided boat slips with
boat lifts when permits had not even been applied for. I and Crows Nest manager contacted both Town of
Atlantic Beach(Michelle) and Cama(Heather) in October 2019 and January 2020 and was told no requests had
t

been made by both individuals. No notification was submitted in the original permits which would have given
property owners ample time to discuss options and possible solutions.
6- The Town of Atlantic Beach needs to provide and maintain adequate channel markings for both the
channel in Bogue Sound and the entrance to Moonlight Bay as they have done in the past.
7- If the proposed docks extend 30 Feet off of the seawall the boat traffic will not be just restricted 30 feet.
Most boats purchased today are 26 to 32 feet in length. However these boats generally have a bracket
extending off the stern and then twin outboard engines. The final length of the boat could be as much as 35
feet. Then the boat will probably be at least a foot off or two off of the seawall for safe docking giving you a
total of 36 feet or more off of the seawall. Boaters travelling the canal will need to be a minimum of 5 to 10
feet off the stern of the boats on the lifts for safe passage because of wind and currents. You are ultimately
looking at restricting the deep water area a minimum of 40 to 45 feet. This would restrict the use of the
natural deep water channel greatly. On low tides and currently with two way traffic as well as boats coming
off or docking on the lifts this will create a congestion issue with potentially unsafe situations and possible
grounding issues for the boat traffic.
8- If you consider two- way boat traffic during peak times on the weekend you are adding additional
encroachment to the deeper water. Average boat widths are 9 to 11 feet and a safe distance between boats
are a minimum of 10 feet apart. Therefore you have added 30 feet more to the already 40 to 45 feet off of the
seawall. At falling tides you now have now pushed boats a minimum of 70 feet off of the seawall. Many boats I
feel will have depth issues for safe unrestrictive use of the canal.
9- 1 feel that these lifts or some of the lifts could be added to the proposed 50 foot docks on Bogue Sound by
redesigning and configuring the proposed docks. There are lifts available today that allow boats to parallel
park as was permitted by the original permit for the trailers along the sewall.
10- Finally I feel that all of the property owners of Moonlight Bay and Crows Nest should have been properly
and individually notified in writing of the proposed docks and not just notifying the property owners on each
side of the project as was done by Cama's rules. This is a situation where you are affecting the property and
right's and water usage of approximately 300 individuals to safely use the existing channel and not just
property owners on each side of the development. My question is why create a potential problem today for
the existing boat owners who bought and own property for the proposed twelve slips.
Heather thank you in advance for the departments consideration of the comments of mine and others in the
decision process.
Respectfully
John Stanley
From: Styron, Heather M.
Sent: Monday, August 10, 2020 12:56 PM
E

To: [e-mail]
Cc: Bodnar, Gregg
Subject: Windfare Objections
Hello Mr. Stanley,
I will need you to please email me your objections and concerns in reference to the Windfare Project on Atlantic Beach.
Once I receive them I will forward to Mr. Gregg Bodnar with the Major Permit Section in the DCM office.
Thanks,
Heather

Bodnar, Gregg
From: Bodnar, Gregg
Sent: Thursday, August 13, 2020 7:40 AM
To: JOHN STANLEY
Subject: RE: [External] Re: Windfare Objections
Morning Mr. Stanley,
As you may be aware, the Division of Coastal Management is coordinating a multi -agency state and federal review of the
proposal. I can assure your comments will be examined and taken into consideration prior to the Division taking final
action on this permit application, and you will be informed of this final action.
The Division appreciates you submitting comments on this application. Your comments will be added to the official
permit application file for this project.
Regards,
Gregg
Qiau ,•y '�
Cc'Aer.uM�_
.1 [I fm W �ne•.a1 Qaily
Gregg Bodnar
Assistant Major Permits Coordinator
Division of Coastal Management
Department of Environmental Quality
252 808 2808 ext 215 (office)
GrexR,Bodna r@ncden r.Rov
Email correspondence to and from this address is subject to the
North Carolina Public Records law and may be disclosed to third parties.
From: JOHN STANLEY <[e-mail]>
Sent: Thursday, August 13, 2020 7:33 AM
To: Styron, Heather M. <[e-mail]>
Cc: Bodnar, Gregg <[e-mail]>
Subject: [External] Re: Windfare Objections
o Ez[ernaI email;JDo not click Inks or open attachments unless you verify. Send all suspicious email as an attachment to
v,
re ort.s am nc oR `•�� xw . n*-.;�.4'°
Heather
Thanks for the follow up phone call. As requested I will outline my concerns to the construction of the new
boat docks as proposed and why I am objecting to the issue of a permit of the current proposed request.
I have owned slips at the Crows Nest yacht club for approximately 20 years. I purchased the slips for personal
use as well as for investment purposes. When I began using the existing channel 20 years ago I was told
where the deep water channel was located and I always traveled out from Crows Nest to Bogue

t.,
Bodnar, Gregg
From:
Davis, Braxton C
Sent:
Friday, August 14, 2020 4:54 PM
To:
Larry Stephenson
Cc:
Bodnar, Gregg
Subject:
RE: [External] CAMA Major Modification Request #123-18
Mr. Stephenson,
I am confirming receipt of your email, and we appreciate you submitting comments on this application. The
Division of Coastal Management is coordinating a multi -agency review of this proposal. I assure you that your
comments will be taken into consideration prior to the Division taking final action on this permit application,
and you will be informed of the final action. Your comments will also be added to the official permit
application file for this project.
Have a nice weekend,
Braxton
Braxton Davis
Director, Division of Coastal Management
NC Department of Environmental Quality
Morehead City, NC 28557
[phone] x202
From: Larry Stephenson [mailto:[e-mail]]
Sent: Friday, August 14, 202012:36 PM
To: Davis, Braxton C <[e-mail]>; [e-mail]
Subject: [External] CAMA Major Modification Request #123-18
My name is Larry Stephenson and I have owned property on Moonlight Drive for more that 15 years. Additionally, I have
stayed and fished out of Moonlight Bay for more than 30 years total, so I am very familiar with the area and its boating
issues. The Moonlight bay channel is our only access to the ICW and beyond. Over the years both the size of the boats
and the amount of boat traffic entering and exiting the channel have increase exponentially. At low tide this can making a
simple passing of two large boats difficult just with the existing structures on the west side of the channel and the oyster
beds on the other. It is my understanding that The Windfare Development Group has requested a modification of their
existing construction permit (CAMA Major Modification Request #123-18) to extend docks well out into Moonlight Bay
channel. This request is in total disregard for the safety of the many boaters that use Moonlight bay and will create a
serious hazard to navigation. The channel will be almost unnavigable at low tide unless major dredging is done to expand
the channel itself and will require perpetual maintenance in the future. This required expansion of the channel will also
trigger environmental issues concerning the existing small island with its oyster beds and fish habitat.
Windfare has ample space to build docks for all of their units on the north wall of their property and not create major
navigation problems for current and future boating traffic using the Moonlight Bay channel. However, their only concern is
based solely on greed and for any extra profits they can generate for their company. One of the main reason for the
CAMA permitting process is to protect the public from unscrupulous individuals who place their own private interests
above the rest of the citizens who have the right to use the resource. Allowing this modification will create an hazardous
environment that will most certainly lead to boating accidents in the future.

2
If you or any of your staff would like to observe the heavy boat traffic on the weekends, I'm sure several of us would be
willing to make a dock available to you. Also, if you would like to discuss this with me further, please contact me at this
email address.

Bodnar, Gregg
From: Styron, Heather M.
Sent: Saturday, August 15, 2020 9:50 AM
To: Bodnar, Gregg
Subject: FW: [External] Windfare Condo Pier/Dockage Proposal (end of old Causeway Road)
Another
-----Original Message -----
From: Ford Coley [mailto:[e-mail]]
Sent: Friday, August 14, 2020 12:42 PM
To: Styron, Heather M. <[e-mail]>
Cc: Alton Brantley (Brant) Briley <[e-mail]>; James Perry <[e-mail]>
Subject: [External] Windfare Condo Pier/Dockage Proposal (end of old Causeway Road)
CAUTION: External email. Do not click links or open attachments unless you verify. Send all suspicious email as an
attachment to [e-mail]<mailto:[e-mail]>
Heather: Good afternoon. We have just learned today of the above proposal relative to dockage for Windfare Condos.
As property owners at 209 Smith Street since about 1991, we are familiar with the historical dockage configuration
utilized by previous inhabitants of the property at issue. The previous parallel dockage was "workable" and seemingly
safe at the various tide levels considering the available but limited channel width in that area. Dockage perpendicular
to the existing sea wall as proposed will inject problems, issues, and challenges to navigation of an already confined que
with attendant safety concerns. Additionally, even as proposed, the dimensions of the dockage would not be an exact or
definitive boundary for usage as 'lifted' boats will probably extend past the outer water end of the lifts injecting
structure further into and toward the limited navigable portion of this channel. Also, docking, even temporarily, could
occur at the end of the proposed docks, further consuming and depleting available navigable waters. In sum, we are
opposed to the proposal for perpendicular dockage configurations. Please register our concerns and objections with the
appropriate agencies and personnel for consideration in this process. Thank you. W. C. (Ford) Coley III and Vickie Coley
Sent from my iPhone

Bodnar, Gregg
From: Bodnar, Gregg
Sent: Monday, August 17, 2020 8:01 AM
To: CHNR (Chad Henry)
Subject: RE: [External] Proposed Docking System in Atlantic Beach
Morning Mr. Henry,
As you may be aware, the Division of Coastal Management is coordinating a multi -agency state and federal review of the
proposal. I can assure your comments will be examined and taken into consideration prior to the Division taking final
action on this permit application, and you will be informed of this final action.
The Division appreciates you submitting comments on this application. Your comments will be added to the official
permit application file for this project.
Regards,
Gregg
IepHwt g lnvwvY M'.A�
Gregg Bodnar
Assistant Major Permits Coordinator
Division of Coastal Management
Department of Environmental Quality
252 NO 29M ext 215 (Office)
Gregg, Bodnar @ncdenr
Email correspondence to and from this address is wbject to the
North Carolina Public Records low and may be disdbsed to third parties.
From: CHNR (Chad Henry) <[e-mail]>
Sent: Monday, August 17, 2020 6:58 AM
To: Bodnar, Gregg <[e-mail]>
Subject: [External] Proposed Docking System in Atlantic Beach
Dear Mr. Bodnar
I am formally writing to voice my opposition to the proposal regarding the docking system for the Windfare townhome
development at the end of Old Causeway Road in Atlantic Beach, NC. I have viewed the proposal and cannot see how
approving this as/is would not create a safety hazard for the many boaters that use the Moonlight thoroughfare as a routine
route. The current channel is within 20' of the existing seawall, and at low tide, there is barely enough room for a single
incoming and a single outgoing vessel to pass at a safe distance. If there is a perpendicular dock system installed, there will be
very limited room for a single vessel to pass, and unknowing vessels existing Moonlight Bay could easily run around on the
shoal to the east.

As the owner of a 31' vessel, it is already a nerve-racking venture to exit the bay and with the addition of this proposed
docking, it would certainly seem that safety will be compromised. Additionally, there are many vessels much larger than mine
that pass through on a routine basis and I believe there will be many issues arise if this permit is approved per the plan.
I have already written the Atlantic Beach planning department with the same concerns as I feel that approving the system as
drawn greatly increases the opportunity for accidents in the very narrow channel which currently exists.
Kindest Regards,
Chad Henry
Chad Henry
General Manager
[phone] (mobile)
[e-mail]
Novo Nordisk Pharmaceutical Industries, LP 1 3612 Powhatan Road I Clayton, NC 27527-9217 1 [phone] (switchboard) I novonordisk-
clayton.com
This e-mail (including any attachments) is intended for the addressee(s) staled above only and may contain confidential information protected by law.
You are hereby notified that any unauthorized reading, disclosure, copying or distribution of this e-mail or use of information contained herein is strictly
prohibited and may violate rights to proprietary information. If you are not an intended recipient, please return this e-mail to the sender and delete it
immediately hereafter. Thank you.

Bodnar, Gregg
From: Styron, Heather M.
Sent: Saturday, August 8, 2020 2:29 PM
To: Bodnar, Gregg
Subject: FW: [External] Windfare condo project
Another
-----Original Message -----
From: kyle angell[mailto:[e-mail]]
Sent: Friday, August 7, 2020 8:37 PM
To: Styron, Heather M. <[e-mail]>
Subject: [External] Windfare condo project
CAUTION: External email. Do not click links or open attachments unless you verify. Send all suspicious email as an
attachment to [e-mail]<mailto:[e-mail]>
I am a long time owner at Crow's Nest marina I have heard about the proposal of Windfare encroachment of 30' into the
public waterway near the end of moonlight bay. This would creat a hazard for all boat entering or exiting moonlight bay.
Please do not let this happen!!!!!
Thanks for your consideration Kyle Angell Sent from my Whone

i
Bodnar, Gregg
From: Howell, Jonathan
Sent: Friday, August 21, 2020 11:40 AM
To: [e-mail]
Cc: Bodnar, Gregg
Subject: RE: [External] Moonlight Bay condo dock permits
Good morning Mr. Logan, thank you for contacting our office regarding this project. I will include your objections as part
of the file and they will be considered as part of the decision making process. Once a decision is reached on this permit,
DCM will send you a letter detailing the outcome. If you have any additional questions, please do not hesitate to contact
the Division. Have a great day.
Sincerely,
Jonathan
Jonathan Howell
Major Permits Coordinator
Division of Coastal Management
Department of Environmental Quality
252 808 2808 ex.204 - office
Jonathan. HowellOncdenr. aov
400 Commerce Avenue
Morehead City, NC 28557
Email correspondence to and from this address is subject to the
North Carolina Public Records Law and may be disclosed to third parties.
From: [e-mail] <[e-mail]>
Sent: Friday, August 21, 2020 8:15 AM
To: Howell, Jonathan <[e-mail]>
Subject: [External] Moonlight Bay condo dock permits
I wanted to voice my concern over the proposed docks that are planned for the above referenced project. The channel in
question is narrow to begin with and adding docks perpendicular to the seawall will dramatically reduce the current width
and navigable channel, almost certainly making this channel one-way traffic. This channel serves many residents, marina
customers and restaurants patrons. The previous docks in the is location were parallel to the seawall just for this
reason. Please do not grant this permit.
Drew Logan
Triple Net Ventures

3825 Barrett Drive
Raleigh, NC 27609
919-291-8789
[e-mail]

Bodnar
From: Styron, Heather M.
Sent: Thursday, August 20, 2020 3:11 PM
To: Bodnar, Gregg
Subject: FW: [External] Objection to Windfare CAMA permit application
Another
From: Ward Elis [mailto:[e-mail]]
Sent: Thursday, August 20, 2020 3:09 PM
To: Styron, Heather M. <[e-mail]>; [e-mail]
Subject: [External] Objection to Windfare CAMA permit application
Ms. Styron - my name is Ward Elis and I am contacting you regarding a permit application CAMA received for
some new docks proposed as part of the continued Windfare Condo development located at the end of Old
Causeway Road in Atlantic Beach.
I was recently informed of a permit application to CAMA by Windfare to build multiple new docks along the
existing channel into Moonlight Bay. While I have no objection to the Windfare condo development and
buildings, I was forwarded a PDF of the plan sheet showing the buildings and the future dock build out. After
reviewing the schematic done by "The Cullipher Group P.A." I do have concerns regarding the application to
build the docks as part of the development. In particular, the 6 docks shown located in the channel that is
used to get back into the bay.
I am well familiar with that channel. I have had a boat at the Crows Nest Marina for 12 years and have seen
that channel evolve and change during that time, including changes in depth throughout that section of the
channel. There is no doubt that the channel will continue to change and it's not realistic to think it will stay as
it is shown on the permit application. My concerns come from the anticipated impacts and possible
restrictions to navigation and current existing uses of Estuarine and Public Trust Waters as a result of the
building of the 6 docks within the channel.
If you are not familiar with the channel, it is not very wide or deep for boat traffic, especially at low tide. The
deepest part of the channel is found along the Windfare seawall side. By putting in 6 docks - with each dock
jutting out 30ft, the development is taking away the deepest and most navigable part of the channel and are
forcing boats further out into the oyster reefs of the small "island". If the docks are installed as shown, at mid
and low tide, it is unlikely two boats passing in the channel will be able to navigate safely thru this section of
the waterway. To avoid each other, it is likely that one boat will have to hug the docks, increasing the
likelihood of running into the docks or boats moored there and the other will have to hug the shore line of the
small island. Any boats traffic passing closer to the island increases the likelihood of damaging the oyster reef
habitat surrounding the island and of course the potential damage to their boat. Is CAMA going to require the
developer mitigate for oyster reef habitat damage as a result of the dock development,
because realistically, damage to the oyster reefs is inevitable as a result of their docks and the small channel.

Also, although the plan sheet shows the docks impacts extend out 30ft, 1 would think it's possible the
impacts could extend past 30ft due to boat motor mounts and motors sticking out into the channel, shrinking
the navigable channel even more. Additionally, is there anything that says the owners can't moor a boat over
30ft long on the docks. It's not that unreasonable to think some of those owners may have boats in the 35-
40ft range.
I would also like to know if the developer came to CAMA ahead of the development to work with you all in
developing this plan for the docks or did they just assume they'd apply for the permit and get it? Fora project
this visible, I would think there would have been some discussion between CAMA and the city of Atlantic
Beach about what was allowable here before the developer started construction and some type of reasonable
project sequencing taken place to account for this navigable issue.
As I mentioned, I'm not opposed to the development, I think overall it's a positive to the city of Atlantic
Beach. However, based on the submitted plan sheet for the permit and my familiarity with the navigable
areas of that channel - I tend to believe that the proposed build out of the docks as shown, are unnecessary
and unacceptable and will lead to restrictive uses of navigable waters held in public trust by the state of North
Carolina and as a result, a CAMA permit should not be issued for this use.
Thanks for your time,
Ward Elis

Bodnar, Gregg
From: Bodnar, Gregg
Sent: Friday, August 21, 2020 7:58 AM
To: Jeffrey Taylor
Subject: RE: [External] Windfare Townhomes/Condos
Morning Mr. Taylor,
As you may be aware, the Division of Coastal Management is coordinating a multi -agency state and federal review of the
proposal. I can assure your comments will be examined and taken into consideration prior to the Division taking final
action on this permit application, and you will be informed of this final action.
The Division appreciates you submitting comments on this application. Your comments will be added to the official
permit application file for this project.
Regards,
Gregg
E Q �
Gregg Bodnar
Assistant Major Permits Coordinator
Division of Coastal Management
Department of Environmental Quality
252 808 28M ext 215 (Office)
G regg.8oanar@ ncd"r.gov
Email carmspondence to and from this address is subject to the
North CaroNno Pubftc Records Low and may he disclosed to third parties.
From: Jeffrey Taylor<[e-mail]>
Sent: Thursday, August 20, 2020 2:56 PM
To: Bodnar, Gregg <[e-mail]>
Subject: [External] Windfare Townhomes/Condos
Hi Gregg,
I'd like to voice my concern over the proposed docks that are planned for the Windfare Townhomes. The channel in
question is narrow to begin with and adding docks perpendicular to the seawall will dramatically reduce the current
width and navigable channel, almost certainly making this channel one-way traffic. Based on what I've read thus far, I
cannot imagine docks sticking out this far in this location with the shallow oyster beds on the side of the channel and
how boats will be able to get through here safely with tides. This channel serves many residents, marina customers and
restaurants patrons. The previous docks in this location were parallel to the seawall still crowded the area but we are

very worried about the dangers for recreational boaters associated with the proposed plans. Our family owns a
property in Moonlight Bay on Smith Street and we frequently use the area with our boat. The other entrance to this
area is too shallow for most boats to navigate.
Thank you for your consideration.
Jeff Taylor
Owner, Managing NPDES Compliance Inspector/Consultant
3434 Edwards Mill Road, Suite 112-353
Raleigh, NC 27612
919.602.1297 (office)
919.608.8638 (cell)
[e-mail]
www.PollutionMonitoring.net
toPOLLUTION
MONITORING
SERVICES
NPDES lnsPastlons and ConsottlnE

Bodnar, Gregg
From: Jake Taylor <[e-mail]>
Sent: Thursday, August 20, 2020 1:26 PM
To: Bodnar, Gregg
Subject: [External] Windfare Condominiums pier proposal
External email Do not click links or open attachments unless you verify. Send all suspicious email as an attachment to
v ....,
To: Gregg Bodnar
Assistant Major Permit Coordinator
NC Division of Coastal Management
400 Commerce Ave.
Morehead City, NC 28557
Mr. Bodnar,
This corresponded is concerning the Windfare Condominiums, LLC project located in Atlantic Beach close
to the Moonlight Bay area and their request to extend piers at their condo project. This project has bought
the old dwellings adjacent to the channel into Moonlight Bay and has rebuilt the old bulkhead fronting
their project. From what I have heard their proposal is to extend 9 piers with 18 boat lifts with them to be
installed perpendicular from the rebuilt bulkhead extending into the channel coming into Moonlight Bay from
Bogue Sound. I would like to go on record as opposing this proposal. I have owned a dwelling inside this area
for over 11 years and use this channel for boating egress into Bogue Sound. This channel is already narrow
and a lot of boating traffic uses this channel for ingress and egress into the Moonlight Bay area. This
channel serves multiple private residences that have existing boat access, a boating marinas and several
businesses in this area. 1 can count about 75 private residences plus about 50 boats using the marina and all
the boats stored in the Crows Nest boat storage yard using this channel for access to the Bogue Sound
intercoastal waterway. My understanding of the proposal is to extend these new piers and or boatlifts about
30' to 34' into the already narrow channel Extending piers further into the channel will greatly reduce the
usable navigable width and use of this highly used channel. It could make it dangerous for vessels meeting in
the channel if the width is decreased. The old piers and boatlifts associated with the previous owners were
installed parallel to the old bulkhead for this reason as not to cause issues with boating traffic. New piers could
cause sand buildup around the pilings of these new piers causing a reduction in the depth and usable width of
this channel as shown by the attached photos of the piers on the north side of this area.
Please consider all the above when reviewing this proposal and thanks for your consideration and please
disapprove this request.
William Jake Taylor
213 Smith Steet
Atlantic Beach, NC
cell 919-606-2677

Area in question noted below

Bodnar, Gregg
From: Bodnar, Gregg
Sent: Thursday, August 20, 2020 2:30 PM
To:. Jake Taylor
Subject: RE: [External] Windfare Condominiums pier proposal
Afternoon Mr. Taylor,
As you may be aware, the Division of Coastal Management is coordinating a multi -agency state and federal review of the
proposal. I can assure your comments will be examined and taken into consideration prior to the Division taking final
action on this permit application, and you will be informed of this final action.
The Division appreciates you submitting comments on this application. Your comments will be added to the official
permit application file for this project.
Regards,
Gregg
Gregg Bodnar
Assistant Major permits coordinator
Division of Coastal Management
Department of Environmental Quality
252 BBB 2808 ext 215 (Office)
Greim. PAREftcdenr.gov
EmalJ correspondence to and from this address is subject to the
North Carolina public Records Low and may be disclosed to third parties.
From: Jake Taylor <[e-mail]>
Sent: Thursday, August 20, 2020 1:26 PM
To: Bodnar, Gregg <[e-mail]>
Subject: [External] Windfare Condominiums pier proposal
• o .EMe'mapemail4Do not:ciickainks or`open attachments unless you verify. Send all suspicious email as a' w6ttachment tov°'
}
reaort,s aam t(t). nC.HOV
To: Gregg Bodnar
Assistant Major Permit Coordinator
NC Division of Coastal Management
400 Commerce Ave.
Morehead City, NC 28557

Bodnar, Gregg
From:
Chris Allen <[e-mail]>
Sent:
Tuesday, August 18, 2020 4:08 PM
To:
Howell, Jonathan; Bodnar, Gregg; Davis, Braxton C
Subject:
[External] Windfare Townhomes
• mal email. Do not click links or open attachments unless you verify. Send all suspicious email as an attachment
1�1111*nc.gov
0,
I wanted to voice my concern over the proposed docks that are planned for the above referenced project. The channel
in question is narrow to begin with and adding docks perpendicular to the seawall will dramatically reduce the current
width and navigable channel, almost certainly making this channel one-way traffic. This channel serves many residents,
marina customers and restaurants patrons. The previous docks in the is location were parallel to the seawall just for
this reason.
I've been a resident of Atlantic Beach for 16 years and I ask you to reconsider this decision.
Regards,
Chris Allen
Allen Consulting, PLLC
919-669-3635

Bodnar, Gregg
From: Bodnar, Gregg
Sent: Wednesday, August 19, 2020 8:44 AM
To: Chris Allen; Howell, Jonathan; Davis, Braxton C
Subject: RE: [External] Windfare Townhomes
Morning Mr. Allen,
As you may be aware, the Division of Coastal Management is coordinating a multi -agency state and federal
review of the proposal. I can assure your comments will be examined and taken into consideration prior to the
Division taking final action on this permit application, and you will be informed of this final action.
The Division appreciates you submitting comments on this application. Your comments will be added to the
official permit application file for this project.
Regards,
Gregg
GrM Bodnar
Assistant Major Permits Coordinator
Division of Coastal Management
Department of Envkasmental Quality
252 B08 2806 ext:1S (Onke)
Greae.Bodnarencdenr eov
Email correspondenoe to and jrom"address is subject to Me
Not Carv&w Public Records Law and n o be disc osed to MW parties.
From: Chris Allen <[e-mail]>
Sent: Tuesday, August 18, 2020 4:08 PM
To: Howell, Jonathan <[e-mail]>; Bodnar, Gregg <[e-mail]>; Davis, Braxton C
< Braxton. Davis@ NCDENR.Gov>
Subject: [External] Windfare Townhomes
All,
I wanted to voice my concern over the proposed docks that are planned for the above referenced project. The channel
in question is narrow to begin with and adding docks perpendicular to the seawall will dramatically reduce the current
width and navigable channel, almost certainly making this channel one-way traffic. This channel serves many residents,

August 20200
205 Moonlight Drive
Atlantic Beach, NC 28512
Mr. Braxton C. Davis, Director
Division of Coastal Management,
400 Commerce Avenue,
Morehead City, N.C. 28557
RE: LAMA Major Modification Request-#123-18, Proposal to add docks to the Windfare Development
Dear Mr. Davis: aV 2v�
h$
4j ah5d a home on Moonlight Bay fo#0Iyears and have thoroughly enjoyed Moonlight Bay and its
easy access to Rogue Sound an Therefore, we have major concerns regarding the
proposed dock plans for the Wi fares Development now under cone uction aad
In fact, this is a major concern for anyone whop Moonlight Bay,
either as a property ownerfenter, visitor, joust boating, or utilizing the services at the Crows'sNest
As you know, the Windfare Development is located at the Moonlight Bay channel connecting our Bay to
Rogue Sound. The advertised site information states that "each canal front unit will convey with 15,000
lb. lift to accommodate a 25' vessel." The site plan indicates 12 of these lifts. Additionally we
understand that the developer of Windfare, the Cullipher Group, has no intensions to widen nor dredge
the Moonlight Bay channel 161e also believe that the channel survey information originally submitted to
the Town and CAMA inaccurate, thus misleading. As we all are aware, this natural channel is very
narrow as is, and if the permit is granted by CAMA, mgres% and. egress will become extremely restricted
to all boat traffic. (-U Iyu` V'19 1YlLRy� y
While we are sure that the required notification practice was adhered to, I assure you that there are
many property owners and boaters who are not aware of how these proposed lifts will affect this
natural channel and will be very unhappy and upset.
We as property owners and boaters using this channel are in major opposition to this request!
Sincerely,
911J 612Yi13=f— 2 S 2 .7 Z� q
cc: Mr. Gregg Bodnar-

Bodnar, Gregg
From: Bodnar, Gregg
Sent: Tuesday, August 18, 2020 7:56 AM
To: 'KIRBY MARSHBURN'
Subject: RE: [External] Windfare Town Homes Atlantic Beach
Morning Mr. Marshburn,
As you may be aware, the Division of Coastal Management is coordinating a multi -agency state and federal review of the
proposal. I can assure your comments will be examined and taken into consideration prior to the Division taking final
action on this permit application, and you will be informed of this final action.
The Division appreciates you submitting comments on this application. Your comments will be added to the official
permit application file for this project.
Regards,
Gregg
D_E Q`
Gregg Bodnar
Assistant Major Permits Coordinator
Division of Coastal Management
Department of Environmental Quality
252 808 28M ext 215 (Office)
G resg. Bodn@��ncde�r gov
Email correspondence to and from this address is subject to the
North Carolina Public Records taw and may be disclosed to third parties.
From: KIRBY MARSHBURN <[e-mail]>
Sent: Monday, August 17, 2020 3:17 PM
To: Bodnar, Gregg <[e-mail]>
Subject: [External] Windfare Town Homes Atlantic Beach
Mr. Bodnar I would like to strongly express my concern about the developers request to modify the permit for the piers
and boat lifts on Moonlight Bay Channel. As I understand they are requesting to run the piers perpendicular to the bulk
head instead of parallel as they were first permitted. I know that looking at the aerials it appears there is plenty of room to
do this and still have adequate width for 2 boats to pass in the channel. I run that channel several times each weekend
and I know that on low tide that is not possible if they encroach 35' into the channel. I will be glad to meet with you and
take you through there on my boat to show you my concerns if you would like. Please reconsider denying their request to
change the permit.
My contact # is 919-422-7587

•Y.W M.
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