84-22 CBYC LLC

Permit Class Permit Num er
NEW 84-22
STATE OF NORTH CAROLINA
Department of Environmental.Quality
and
Coastal Resources Commission
Vermit
for
X Major Development in an Area of Environmental Concern
pursuant to NCGS I I3A-118
Excavation and/or filling pursuant to NCGS 113-229
Issued to CBYC LLC 4310 Sharon Rd. Suite TOIA Charlotte, NC 28211
Authorizing development in New Hanover County at ado. to AIW W and Carolina Beach Yacht
Basin. at 401 Marina Street in Carolina Beach , as requested in the permittee's application dated 10/26/21(MP-1,
MP-3, MP-4), including work plan drawings (2) Sheets SP2.0 dated 6/18/21 and SP2.1 dated "revised 3/20/21".
This permit, issued on August 12, 2022 , is subject to compliance with the application (where
consistent with the permit), all applicable regulations, special conditions and notes set forth below. Any violation
if these terms may be subject to fines, imprisonment or civil action; or may cause the permit to be null ana voia.
Floating Structures
Unless specifically altered herein, this Major Permit authorizes the placement of the floating
structures located at slips Al and A2, the floating structure located at the fuel dock, and the extension
of the current fuel dock, all as expressly and specifically set forth in the attached letter and workplan
drawings. Any relocation of the permitted floating structure or reconfiguration of the authorized
facilities may require a modification of this permit.
2) This permit authorizes 6 additional formalized boat slips for a maximum of 82 formalized boat slips
at this docking facility.
(See attached sheets for Additional Conditions)
This permit action may be appealed by the permittee or other
qualified persons within twenty (20) days of the issuing date.
This permit must be accessible on -site to Department
personnel when the project is inspected for compliance.
Any maintenance work or project modification not covered
hereunder requires further Division approval.
All work must cease when the permit expires on
August 12, 2027
In issuing this permit, the State of North Carolina agrees that
your project is consistent with the North Carolina Coastal
Management Program.
Signed by the authority of the Secretary or ut %t ana me �nau
of the Coastal Resources Commission.
For Braxton C. Davis, Director
Division of Coastal Management
This permit and its conditions are hereby accepted.
Signature of Permittee

CBYC,LLC
ADDITIONAL CONDITIONS
Permit No. 84-22
Page 2 of 3
3) No sewage, whether treated or untreated, shall be discharged at any time from the approved floating
structures. Any sewage discharged associated with the authorized floating structures shall be considered
a violation of this permit for which the permittee is responsible. This prohibition shall be applied and
enforced throughout the entire existence of these permitted floating structures. .
NOTE: It is strongly recommended that the permittee exercise all available precautions in the day-to-day
operation of the facility to prevent facility waste from entering the adjacent waters. Such
discharge, either directly or indirectly, to adjacent waters could contravene state water quality
standards, thereby violating state law.
4) No portion of the authorized marina shall extend more than one quarter of the width of the water
body. Measurements to determine width of the water body shall be made from the normal high-water line
or the waterward edge of any coastal wetland vegetation which borders the water body, whichever is more
restrictive.
5) The permittee shall install and maintain at his expense any signal lights or signals prescribed by the U.S.
Coast Guard, through regulation or otherwise, on the authorized facilities. At minimum, permanent
reflectors shall be attached to the structure in order to make it more visible during hours of darkness or
inclement weather.
6) No attempt shall be made by the permittee to prevent the full and free use by the public of all navigable
waters at or adjacent to the authorized work.
7) The authorized structure and associated activity shall not cause an unacceptable interference with
navigation and shall not exceed the dimensions shown on the attached permit drawings
8) Prior to the occupancy of the mooring spaces authorized by this permit, the permittee shall meet with a
representative of the Division to ensure that the required pump out facility is in place and operable.
9) All debris associated with this development must be contained within the authorized project area. The
permittee shall be responsible for the immediate removal of any displaced debris, trash, or litter
associated with the project site.
10) The Division of Coastal Management shall be notified immediately in the event of any spillage of any
hazardous, toxic, or harmful materials or substances (e.g. paint, stain, fuel, polyurethane) into the
Estuarine Waters or the Public Trust Area.
11) Prior to the occupancy of any slips authorized by this permit, the permittee shall meet on -site with a
representative of the Division to ensure that the relocated pump out facility is in place and operable.
12) The marina shall display a sign showing the location of the nearest(on-site pumpout facility, including
other appropriate waste disposal information, at the entrance and exit from the main pier(s).
13) It is possible that the authorized structure may be damaged by wave wash from passing vessels. The
issuance of this permit does not relieve the permittee from taking all proper steps to ensure the integrity
of the permitted structure and the safety of floating structures.

CBYC, LLC Permit No. 84-22
Page 3 of 4
ADDITIONAL CONDITION
14) In order to protect water quality, runoff from construction shall not visibly increase the amount of
suspended sediments in adjacent waters.
15) Appropriate sedimentation and erosion control devices, measures or structures shall be implemented to
ensure that eroded materials do not enter adjacent wetlands, watercourses or properties.
USACE Conditions
16) In order to further protect the endangered West Indian Manatee, Trichechus manatus, the applicant must
implement the U.S. Fish & Wildlife Service's Guidelines, and strictly adhere to all requirements therein.
The guidelines can be found at https://www.fws.gov/raleigh/pdfs/ManateeGuidelines20l7.pdf.
Upland Development - Parking Spaces along Georgia Avenue
17) Unless specifically altered herein, this permit authorizes the grading and other land disturbing activities
associated with the development of the above referenced property, including the 17 additional parking
spaces, all as expressly and specifically set forth in the attached permit application and workplan
drawings.
Stormwater Management
18) The Division Energy, Mineral and Land Resources (DEMLR) approval of this project under stormwater
management rules of the Environmental Management Commission is covered by way of Stormwater
Permit No. SW8 211007, which was issued on 1/26/2022. Submit this plan to the Division of Energy,
Mineral and Land Resources, Land Quality Section, 127 Cardinal Drive Extension, Wilmington, NC
28405. Any violation of the permit approved by the DEMLR shall be considered a violation of this
CAMA permit.
General
19) This permit shall not be assigned, transferred, sold, or otherwise disposed of to a third party without the
written approval of the Division of Coastal Management.
20) All construction debris associated with the removal or construction of the permitted development shall
be contained within the authorized project area and disposed of in an approved upland location.
21) The permittee and/or his or her contractor shall meet with a representative of the Division prior to
project initiation.
NOTE: This permit does hot eliminate the need to obtain any additional state, federal or local permits,
approvals or authorizations that may be required.
NOTE: The N.C. Division of Water Resources has authorized the proposed project under Individual
Water Quality Certification No. 5055 (DWR Project No. 20100711v2).
NOTE: The U.S. Army Corps of Engineers authorized the project by way of Programmatic General
Permit 198000291 (Action ID SAW 2022-00063).

CBYC,LLC
ADDITIONAL CONDITION
Permit No. 84-22
Page.4 of 4
NOTE: Future development of the permittee's property may require a modification of this permit.
Contact a representative of the Division at [phone] prior to the commencement of any
such activity for this determination. The permittee is further advised that many non -water
dependent activities are not authorized within 30 feet of the mean high-water level.
NOTE: An application processing fee of $400 was received by DCM for this project.

DCM Coordinator: t� Permit #: n - Z 2
MAILING DISTRIBUTION SHEET
Agents: / l 6vkl
DCM Field Offices
Elizabeth City Washington (with revised work plan drawings)
Morehead City WilmingtonM (OBJECTIONS )
US ACOE Offices:
Washington: Raleigh Bland (Beaufort, Camden, Chowan, Craven, Hertford, Hyde, Perquimans,
Tyrrell)
Josh Pelletier (Bertie, Currituck, Dare, Gates, Pamlico, Pasquotank, Washington)
Tom Steffans (NC DOT- Beaufort, Carteret, Craven, Pamlico)
Bill Biddlecome (NC DOT -Remainder ECity/Washington District)
Wilmington: Greg Curry (Brunswick, New Hanover)
Liz Hair (Carteret, Onslow, Pender)
Brad Shaver (NCDOT-Brunswick, New Hanover, Onslow, Pender)
Cultural Resources:
Public Water Supply:
Marine Fisheries:
NC DOT:
Shellfish Sanitation:
State Property:
DEMLR/DWR:
Renee Gledhill -Earley at [e-mail]
Heidi Cox (WIRO)
Kim Harding
David Harris
Shannon Jenkins / Sharon Gupton
Tim Walton / Mike Moser
Sheri Montalvo / Shelton Sullivan
Clif Whitfield (WARD)
Jimmy Harrison
Washington: Chris Pullinger-401
TBD - 401
Roger Thorpe-Stormwater
Garcy Ward- (NCDOT-Beaufort, Bettie, Camden, Carteret, Chowan, Craven, Currituck,
Dare, Gates, Hertford, Hyde, Pamlico, Pasquotank, Perquimans, Tyrrell, Washington)
Wilmington: Holley Snider-401 (Pender, Brunswick, New Hanover)'
John Perry — 401 (Onslow, Carteret)
Christine Hall - Stormwater
Joanne Steenhuis - 401 (NCDOT-Brunswick, New Hanover, Onslow, Pender)
Wildlife Resources: Maria Dunn (WARD)
Natural Heritage Program- Rodney] Butler
LPO: 6 &64
(NCDOT) Travis Wilson

DIVISION OF COASTAL MANAGEMENT
APPLICATION TRANSMITTAL AND PROCESSING RECORD
APPLICANT: CBYC, LLC (Courtney Sloan) COUNTY: New Hanover
PROJECT NAME: CBYC Fuel Dock Extension&Houseboat
LOCATION OF PROJECT:. 401 Marina St, adj. toA1R'W & CB Yacki Basin, Carolina Beach
DATE APPLICATION RECEIVED COMPLETE BY FIELD: 12$21
FIELD RECOMMENDATION: Attached: Yes
FIELD REPRESENTATIVE: Hall
DISTRICT MANAGER REVIEW:
B) DATE RECEIVED BY MAJOR PERMITS UNIT:
APPLICATION ASSIGNED TO: Luck
PUBLIC NOTICE REC'D: 12-19-21
ADJ. RIP. PROP NOTICES REC'D:
C) 75 DAY DEADLINE: 2-21-22
To Be Forwarded: N/A
DISTRICT OFFICE: WILMINGTON
FEE RECD: $400 (no spli0#0114
END OF NOTICE DATE:1-9-22
DEED RECD: Yes
150 DAY DEADLINE:
BOLDS:
MAIL OUT DATE:12-15-21 STATE DUE DATE: 1-9-22
PERMIT FINAL ACTION: ISSUE DENY
AGENCY
DATE
COMMENTS
RETURNED
OBJECTIONS:
YES NO
NOTES
DCM - Field Rep
DCM--LUP Consistency Determination
L Z
Local Permit Officer
oC� NGI. h
Corps of Engineers - Regulatory Branch
rf
DWR-401 Section
D C6 I- N SD
DWR- Public Water Supply
DEMLR-Stormwater _
,s
DEMLR - Sed and Erosion
DOA - State Property Office
30
X
Wildlife Resources Comrnission.
DMF -- Shellfish Section
`
DMF - Habitat & Enhancement
DNCR - Archives & History
DNCR - Natural Heritage Program
--
NCDOT
NC Dept of Commerce
--)RL_
h

Recommendations for State Permit — CBYC 12/13/21
The proposed structures at the commercial marina facility would continue to provide docking space for up to 82
vessels at this location, including 13 transient slips. It is staffs recommendation that the proposal appears to be
CONSISTENT with the use standards set forth in NCAC 07H .0208(b)(5).
The proposed floating structures at the commercial marina facility appear to be CONSISTENT with NCAC 07M.
0602.
The proposed parking areas within the 75' Coastal Shoreline AEC appears to be CONSISTENT with the use
standards set forth in 15A NCAC 07H .0209(a-d) for Coastal Shorelines.
NOTE: Ocean Marina Association Inc., the adjacent riparian property owner to the north, has formally
objected. Their objection is attached.

DCM Coordinator: Cam Luck
County:
N H-
DCM Offices:
Morehead City: PT (if oversize)
'cc Gregg, Cam & Amanda on gi
'MHC documents (Cam & Amani
Wilmington: Original hard -copy
Permit#:
WIRO E-MAIL DISTRIBUTION SHEET
C/o i(/, LI G
�M atl)
.app.drawings, deed, comment sheet
ONLY USACE & DWR (mrq): Recommendations, PN, Letter w/Site Card, Fee Chart and Agent Authorization
USACE Wilmington: nder & Carteret Co): PN, CL, Reports, Split Sheet
use both rVAirningtonNCREGQusace.army.miI (NH/BR): PN, CL; Reports, Split Sheet_
Q;' eg Currey (NH/BR: PN, CL, Reports, Split Sheet _
Div of Water Resources: Holley Snider-401 (BR/NH): PN, CL, Reports, Split Sheet _
401 (PN/ON): PN, CL, Reports, Split Sheet
�+-John (?erry on all (training) — 401: PN, CL, Reports, Split Sheet _
Div of Water Resources: l,Sheri Montalvo for Karen Higgins: PN, CL, Reports, Split Sheet
Marine Fisheries:
✓kiimm Harding
DCM Planner)WiRO:
✓Mike Chdstenbury_
Cultural Resources:
✓R`enee Gledhill -Earley Environmental Reviewancdenroov
Natural Heritage Prog.
1f/todney Butler_
DCA-Rural Eco. Dew
"Mark Ziegler
_
NC DOT:
David Hams
Wildlife Resources:
Dunn w/Reports
M�aria
State Property Office:
VWalton: DEED
_
Za Moser_
vWaanda Hilliard, Real Property Agent (Bio Reports only)
Shellfish Sanitation:
�d ny Humphrey (Bio) /Shams
t haron Gupton, Admin. _
DEMLR:
stlne Hall - Stormwater Section
ianyDaan
_
Sams - Land Quality Section _
Public Water Supply:
kieidi Cox
City of Wilmington: horston_ n / p
Enforcement: Field Rep: _ Q Vl *
Co. LPO �� �� Olp�
Agent:
DISTRIBUTED: l ��
. _ !`AREA 2`Fenn meinro ,Iw.o/n•A•.nnn.. / iel

MEMORANDUM
To: Cameron Luck
From: Michael Christenbury, Wilmington District Planner
Subject: Consistency Determination, Major Permit Application, CBBY, LLC,
Carolina Beach, New Hanover County
Date: December 21, 2021
This project appears to be consistent with the Town of Carolina Beach Land Use
Plan.
The applicant proposes to moor a new floating structure to accommodate a marina store,
concessions and a bar. Also proposed in extension of the existing fuel dock, and install a
floating structure within existing slips within the Carolina Beach Yacht Basin. High
ground work is also proposed at the marina to create new gravel parking spaces along
Georgia Avenue. The project is located at 401 Marina Street in Carolina Beach.
Areas of Environmental Concern (AEC's) impacted by the proposal are EW and PTA.
The Waters at the project site are classified as SC and are not open to the harvesting of
shellfish. The area is a Primary Nursery Area.
I have reviewed this proposal for consistency with the Carolina Beach Land Use Plan and
offer the following comments.
The AECs impacted by the work are classified as Conservation and Developed.
In general, the Town of Carolina Beach allows development in Conservation and
Developed classified AECs which is consistent with the State's minimum use standards.
The Town of Carolina Beach Land Use Plan contains some policies, which exceed the
State's minimum use standards. However, none of these standards appear to be
applicable to this proposal.
This project appears to be consistent with the Town of Carolina Beach Land Use Plan.
Cc: File

ROY COOPER
Governor
ELIZABETH S. BISER
Secretary
BRAXTON DAVIS
Director
December 15, 2021
MEMORANDUM
NORTH CAROLINA
Environmental Quality
FROM: Cameron Luck, Assistant Major Permits Coordinator
NCDEQ - Division of Coastal Management
400 Commerce Avenue, Morehead City, NC 28557
Fax: [phone] (Courier 11-12-09)
cameron.luck()NCDENR.eov
SUBJECT: CAMA
Applicant: CBYC, LLC
Project Location: 401 Marina St., adi. to the AlINW and Carolina Beach Yacht Basin, Carolina
Beach in New Hanover County.
Proposed Project: The applicant proposes to moor a new floating structure to accommodate a
marina store, concessions and bar, extend the existing fuel dock, and install a
floating structure within an existing slip. High ground work is also proposed at the
marina to create new gravel parking spaces along Georgia Avenue.
Please indicate below your agency's position or viewpoint on the proposed project and
return this form to Cameron Luck at the address above by January 9, 2022 If you have any
questions regarding the proposed project, contact Bryan Hall at [phone] when appropriate, in-
depth comments with supporting data is requested.
REPLY: x This agency has no objection to the project as proposed.
"Additional comments may be attached"
This agency has no comment on the proposed project.
This agency approves of the project only if the recommended changes
are incorporated. See attached.
This agency objects to the project for reasons described in the attached
comments.
PRINT NAME Gloria Abbotts RECEIVED
MAH L&zu22
AGENCY Town of Carolina Beach MP SECTION
DCM - MHD rlT V
SIGNATURE u2 Ot46��Z`d DATE 3/1812022
North Carolina Department of Environmental Quality I Division of Coastal Management
Wilmington Office 1127 Cardinal Drive Extension I Wilmington. North Carolina 28405
910.796.7215

Additional Comments: Building permit must be applied for through the Town of Carolina Beach and
must meet all requirements including Building Code, Fire Code, Flood Code,
Zoning Code, etc.
RECEIVED
MAR 1 87U11
MP SECTION
DCM - MHO CITY

ROY COOPER
Governor
ELIZABETH S. BISER
secretary
BRIAN WRENN
Director
January 26, 2022
NORTH CAROLINA
Environmental Quality
CBYC,LLC
Attn: Ms. Courtney Sloan, Managing Member
22555 John Gamble Road
Cornelius, NC 28031
Subject: Stormwater Permit Exemption — Redevelopment Project
Carolina Beach Yacht Club
Project Number SW8 211007
New Hanover County
Dear Ms. Sloan
On January 14, 2022, the Wilmington Regional Office of the Division of Energy, Mineral and Land Resources
(DEMLR) received a complete request to exempt the subject proposed redevelopment project from Stormwater
Management Permit requirements. Staff review of the plans and supporting documentation has determined that
the project proposes activities that are exempted from State Stormwater permitting requirements as set forth in the
stormwater rules under Title 15A NCAC 2H.1000, as amended.
Therefore, the director of the DEMLR is hereby providing confirmation that the subject project is exempted from
State Stormwater permitting requirements under the following conditions:
1) The project must be constructed as shown on the plans submitted to this Office.
2) The total proposed built -upon area (BUA) of 14,598 square feet does not exceed the existing BUA of
14,598 square feet within this 0.72 acre project area. CBYC, LLC owns the two tracts (R08519-002-028-
000 and R08807-002-010-000) where the project will be located per the deed recorded with New Hanover
County on BK6235/PG2175-2180.
3) The proposed stormwater control (sheet flow) provides equal protection of surface waters as the existing
stormwater control, which is also sheet flow.
4) The project proposes the use of 3,620 square feet of #57 stone at a depth of at least 4" over geotextile
fabric for Parking, which is considered to be a permeable surface per NCGS 143-214.7. The underlying
soil should not be mechanically compacted prior to Installation. If, in the future, this pervious surface is
found to no longer meet these requirements, either corrective actions must be taken, or a permit will be
required for the additional BUA.
Under Section .1019(2) of the stormwater rules, the entire common plan of development must be permitted.
Therefore, any future development or changes to the proposed development, including, but not limited to, the
relocation of BUA and the construction of additional BIJA, will require approval or a Stormwater Management
permit application and permit issuance from the DEMLR prior to any construction. Construction of additional
development or changes to the proposed development prior to receipt of the required appproval or failure to
maintain compliance with the exemption conditions, are violations of Title 15A NCAC 2H.1000, and may result
in the initiation of appropriate enforcement action.
RECEIVED
MAR 0$,M2
MP SECTION
DCM - MHD CITY
.10
D_E W%R� North Carolina Department of Environmental Quality I Division of Energy, M feral and Land Resources
./ Wilmington Regional Office 1127 Cardinal Drive Extension I Wilmington. North Carolina 28405
--� / 910.796.7215

State Stormwater Permit No. SW8 211007
Page 2 of 2
Please keep in mind that this determination does not affect your legal obligation to obtain other permits and
approvals, which may be required by Federal, State, or local government agencies, rule, or law. If yyou have any
question, or need additional information concerning this matter, please contact Kelly Johnson at 910-796-7215
Sincerely,
-,Brian Wrenn, Director
Division of Energy, Mineral and Land Resources
DES/kpj: \\\Stormwater\Permits & Projects\2021\211007 Exemption\2022 01 permit 211007
cc: Mr. Howard Resnick, PE, CSD Engineering
PO Box 4041, Wilmington, NC 28406
New Hanover County Building Safety Department
New Hanover County Engineering
Division of Coastal Management
Wilmington Regional Office Stomwater File
RECEIVED
MAR 0 1?022
MP SECTION
DCM - MHD CITY
D _E North Carolina Department of Environmental Quality I Division of Energy, Mineral and Land Resources
Wilmington Regional Office 1 127 Cardinal Drive Extension I Wilmington, North Carolina 28405
�\ �' 910.796.7215

ROY COOPER
Governor
ELIZABETH S. BISER
Secretary
BRAXTON DAVIS
Otrector
December 15, 2021
NORTH CAROLINA
Environmental Quality
FROM: Cameron Luck, Assistant Major Permits Coordinator
NCDEQ - Division of Coastal Management
400 Commerce Avenue, Morehead City, NC 28557
Fax: [phone] (Courier 11-12-09)
cameron.luck(dtNCD EN R.g ov
SUBJECT: CAMA
Applicant: CBYC, LLC
Project Location: 401 Marina St, ad). to the AIWW and Carolina Beach Yacht Basin, Carolina
Beach in New Hanover County.
Proposed Project: The applicant proposes to moor a new floating structure to accommodate a
marina store, concessions and bar, extend the existing fuel dock, and install a
floating structure within an existing slip. High ground work is also proposed at the
marina to create new gravel parking spaces along Georgia Avenue.
Please indicate below your agency's position or viewpoint on the proposed project and
return this form to Cameron Luck at the address above by January 9, 2022 If you have any
questions regarding the proposed project, contact Bryan Hall at [phone] when appropriate, in-
depth comments with supporting data is requested.
REPLY: This agency has no objection to the project as proposed.
"Additional comments may be attached"
X This agency has no comment on the proposed project.
This agency approves of the project only if the recommended changes
are incorporated. See attached. ✓
This agency objects to the project for reasons described in the attached
comments. Memo Attached
PRINT NAME Wanda Hilliard
AGENCY State Property Office
SIGNATURE `r' &V'Otcl U�IAQ.t W-. h
DATE December 30.2021
��EQ�� North Carolina Department of Environmental Quality I Division of Coastal Management
Wilmington Office 1127 Cardinal Drive Extension I Wilmington, North Carolina 28405
tea\ / 9I0.79f..72I5

hT
f
ROY COOPER,
EL.IZABETHS BISER
BRAXTQN DAVIS".-\NQRTH CAROLINA - - -
•Otrectar .. -.. :; ,,...'Envtraninental,2uatity
a,
December 15 '2021
MEMORANDUM
e .
y FROM:'Cameron Luck, Assistant Major Permits Coordinator -
NCDEQ - Division of Coastal Management
400 Commerce Avenue, Morehead City; NC 28557
Fax: [phone] (Courier 11-12-09)'
cameron.Iuck(@.NCDENR.gov
SUBJECT: CAMA
APpkcant. Can' LLC ,
Project Location: 401 Marina St., adj. to the AIWW and Carolina Beach Yacht Basin, Carolina
Beach in New Hanover County; .
Proposed Project: The applicant proposes to moor a new floating structure to accommodate a
marina store, concessions and bar, extend the existing fuel dock, and install a
floating structure within an,weisting slip. High ground work is also proposed at the
marina to create new gravel parking spaces along Georgia Avenue."
Please indicate below your agency's position or viewpoint on the proposed project and
retuin this form to Cameron Luck at the address above by January 9, 2022 If you have any.
questions regarding the proposed project, contact Bryan.Hall at [phone] when appropriate, in-
„- depth,comments with supporting data is requested
'.REPLY:' . X This agency has no objection to the project as proposed.
**Additional comments may be attached**
„
This agency has no comment on the proposed project.
This agency approves of the project only if the recommended, changes
are incorporated. See attached.
This agency objects to the project for reasons described in the attached
comments.
RECEIVED
PRINT, NAME Mark Brown.
:
• '. DEC 1:6102t
'AGENCY Public Water Supply MP,SEGTION
.. nr`RA - 6Awn nmv

ROY COOPER
Governor
ELIZABETH S. BISER
Secretary
S. DANIEL SMITH
Director
To:
From:
Subject:
Applicant:
Project Location:
NORTH CAROLINA
Enviromental Quality
12/16/21
Cameron Luck, Assistant Major Permits Coordinator
Mark Brown, NC Public Water Supply, Wilmington Regional Office
CAMA Application Review
CBYC, LLC
401 Marina St., adj. to the AIWW and Carolina Beach Yacht Basin, Carolina
Beach in New Hanover County
Proposed Project: The applicant proposes to moor a new floating structure to accommodate a
marina store, concessions and bar, extend the existing fuel dock, and install a
floating structure within an existing slip. High ground work is also proposed at the
marina to create new gravel parking spaces along Georgia Avenue.
Please forward the following comments to the applicant:
The Proposed project description doesn't clearly indicate if your project plans to connect to the Carolina
Beach Water System. The application calls out Carolina Beach under existing utilities. If this project is
simply connecting on to metered service through the Carolina Beach water system no further comments are
needed, however if the client is plans to utilize a well to serve the project you may be required to submit
plans per the below paragraph as you will most likely cross the threshold definition of a Public Water Supply
System.
If applicant plans to conduct any work (re -location, installation, extends utilities, etc...) involving the public
water supply system per Title 15A Subchapter 18C Section .0301 Rules Governing Public Water Systems, Plans
and Specifications should be submitted and approved by the Public Water Supply Section for all new
waterlines prior to construction beginning. Please also be aware of our separation requirements in regards
to water/sewer according to 15A NCAC 18C Section .0906 Rules Governing Public Water Systems. Check with
the local water system for cross -connection requirements for this project. Public Water Supply Section
guidelines are listed in Appendix B, Figure 2 in the Rules Governing Public Water Systems but the water system
may have additional requirements.
Feel free to call us at [phone], if you have additional questions.
E � North Carolina Department or Environmental Quality I Division of Water Resources
/ �/Wilmington Regional Office 1127 Cardinal Drive Extension I Wilmington, North Carolina 28405
910.7967215

Roy Cooper, Governor
TO:
North Carolina
Department of Administration
State Property Office
December 30, 2021
Cameron Luck, Assistant Major Permits Coordinator
NCDEQ-Division of Coastal Management
400 Commerce Avenue
Morehead City, NC 28557
camcron.luck iiNCDHNR.sov
FROM: Wanda Hilliard l
Real Property Agent
Department of Administration
Applicant: CBYC, LLC
Pamela B. Cashwell
Secretary
Tim Walton
Director
Project Location: 401 Marina St., adj. to the AIWW and Carolina Beach Yacht Basin, Carolina Beach in
New Hanover County.
Proposed Project: The applicant proposes to moor a new floating structure to accommodate a marina store,
concessions, and bar, extend the existing fuel dock, and install a floating structure within
an existing slip. High groundwork is also proposed at the marina to create new gravel
parking spaces along Georgia Avenue.
Please confirm that the facilities are not located within the I000'USACE AIW W easement area. If not, then the
State Property Office has no comment on the proposed project. The project may require Easements for
multiple utilities crossing the creeks, marsh & State-owned land provided the applicant qualifies for an
easement.
State of North Carolina I State Property Office
116 Wespones Street, Suite 4055 11321 Mall Service Ctr. I PAelgh,NC27699
9842360270 TI Web: http://www.ncspo.mm

ROY COOPER
Governor
ELIZABETH S. BISER
Secretary
BRAXTON DAVIS
Director
December 15, 2021
NORTH CAROLINA
Environmental Quality
FROM: Cameron Luck, Assistant Major Permits Coordinator
NCDEQ - Division of Coastal Management
400 Commerce Avenue, Morehead City, NC 28557
Fax: [phone] (Courier 11-12-09)
cameron.l uck(cDN CD EN R. gov
SUBJECT: CAMA
Applicant: CBYC, LLC
Project Location: 401 Marina St, adj. to the AIWW and Carolina Beach Yacht Basin, Carolina
Beach in New Hanover County.
Proposed Project: The applicant proposes to moor a new floating structure to accommodate a
marina store, concessions and bar, extend the existing fuel dock, and install a
floating structure within an existing slip. High ground work is also proposed at the
marina to create new gravel parking spaces along Georgia Avenue.
Please indicate below your agency's position or viewpoint on the proposed project and
return this form to Cameron Luck at the address above by January 9, 2022 If you have any
questions regarding the proposed project, contact Bryan Hall at [phone] when appropriate, in-
depth comments with supporting data is requested.
REPLY: This agency has no objection to the project as proposed.
"Additional comments may be attached"
X This agency has no comment on the proposed project.
This agency approves of the project only if the recommended changes
are incorporated. See attached.
This agency objects to the project for reasons described in the attached
comments.
PRINT NAME Shannon Jenkins
AGENCY NC DMF - Shellfish Sanitation/Recreational Water Quality
SIGNATURE for Shannon Jenkins DATE 12/17/2021
North Carolina Department of Environmental Quality I Division of Coastal Management
Wilmington Office 1127 Cardinal Drive Extension I Wilmington, North Carolina 28405
om.��suu�uo.4�
910,796.7215

ROY COOPER
Governor
ELIZABETH'S. BISER
Secretary
BRAXTON DAVIS
Director
December 15, 2021
MEMORANDUM:
FROM:
SUBJECT:
Applicant:
NORTH CAROLINA
Environmental Quality
Cameron Luck, Assistant Major Permits Coordinator
NCDEQ - Division of Coastal Management
400 Commerce Avenue, Morehead City, NC 28557
Fax: [phone] (Courier 11-12-09)
ca m e ro n. l u c k(a) N C D E N R. g ov
CAMA
CBYC, LLC
Project Location: 401 Marina St., adi. to the AIWW and Carolina Beach Yacht Basin, Carolina
Beach in New Hanover County.
Proposed Project: The applicant proposes to moor a new floating structure to accommodate a
marina store, concessions and bar, extend the existing fuel dock, and install a
floating structure within an existing slip. High ground work is also proposed at the
marina to create new gravel parking spaces along Georgia Avenue.
Please indicate below your agency's position or viewpoint on the proposed project and
return this form to Cameron Luck at the address above by January 9, 2022 If you have any
questions regarding the proposed project, contact Bryan Hall at [phone] when appropriate, in-
depth comments with supporting data is requested.
REPLY: _ This agency has no objection to the project as proposed.
.*Additional comments may be attached"
This agency has no comment on the proposed project.
X This agency approves of the project only if the recommended changes
are incorporated. See attached. .
This agency objects to the project for reasons,described in the attached
comments.
PRINT NAME Kimberlee Harding
AGENCY NCCDMF 1�
SIGNATURE DATE 01/11/2022
North Carolina Department of Environmental Quality l Divislon of -Coastal Management
�dt{ Wimington Office 1127 cardinal Drive Extenslon I Wilmington, North Carotlna28405
,FMMCRSt?' vp
910,791 i,7215

MEMORANDUM: ROY COOPER
Governor
ELIZABETH S. BISER
Secretary
KATHY B. RAWLS
Director
TO: Cameron Luck, DCM Assistant Major Permit Coordinator
FROM: Kimberlee Harding, NCDMF Fisheries Resource Specialist
SUBJECT: CBYC, LLC
DATE: January 19, 2022
A North Carolina Division of Marine Fisheries (DMF) Fisheries Resource Specialist has reviewed the
CAMA Major Permit application for proposed actions that impact fish and fish habitats. The project
site is located at 401 Marina Street, adjacent to the Atlantic Intracoastal Waterway and Carolina
Beach Yacht Basin, in Carolina Beach, New Hanover County.. The Town of Carolina Beach Land Use
Plan classifies the area in the vicinity of the project area, as Conservation. The waters in the project
area are classified as SB by the N.C. Division of Water Quality. The northern portion of the project
area is designated as a Primary Nursery Area (PNA) by the N.C. Division of Marine Fisheries. The
waters in the vicinity of the boat basin are closed to the harvest of shellfish. The applicant proposes
to moor a new floating structure to accommodate a marina store, concessions, and bar, extend the
existing fuel dock, and install a floating structure within an existing slip, within the Carolina Beach
Yacht Basin.
PNAs are estuarine waters where initial post -larval development occurs. Species within this area
are early post -larval to juvenile and include finfish, crabs, and shrimp. Species inhabit PNAs
because they afford food, protection, and proper environmental conditions during vulnerable
periods of their life history, thus protection of these areas are imperative. Increased sedimentation
raises concern for shellfish and shellfish habitat by either the direct burial of oyster beds or
reductions in filtration efficiency, respiration rates, and/or reproduction and settlement. Larval
oysters require a clean hard bottom for attachment and sedimentation as little as 1 or 2 mm may
inhibit settlement. Duration of sedimentation suspension and water quality degradation has been
shown to result in juvenile oyster mortality.
For the above -mentioned reasons, the N.C. Division of Marine Fisheries would request that a
moratorium on in -water work, to include dredging, from 1 April to 30 September is recommended
to reduce the negative effects on critical flsh life history activities, to include spawning migrations
and nursery functions. The NCDMF supports any recommendations requested by the NC
Department of Water Resources (DWR) to minimize impacts to water quality.
Please contact Kimberlee Harding at [phone] or [e-mail]
with further questions or concerns.
State of North Carolina I Division of Marine nsherics
3441 Arendell Street I P.O. Box 769I Morehead City. North Carolina 28557
252-726-7021

ROY COOPER
Governor
ELIZABETH S. BISER
Secretary
BRAXTON DAVIS
Dimcror
NORTH CAROLINA
Environmental Qualify
December 15, 2021
6_2-1 .12.?-D• ot
MEMORANDUM.•
FROM: Cameron Luck, Assistant Major Permits Coordinator
NCDEQ - Division of Coastal Management
400 Commerce Avenue, Morehead City, NC 28557
Fax: [phone] (Courier 11-12-09)
cameron.luckONCDENR gov
SUBJECT: CAMA
Applicant: CBYC, LLC
Project Location: 401 Marina St., adj. to the AIWW and Carolina Beach Yacht Basin, Carolina
Beach in New Hanover County.
Proposed Project: The applicant proposes to moora new floating structure to accommodate a
marina store, concessions and bar, extend the existing fuel dock, and install a
floating structure within an existing slip. High ground work is also proposed at the
marina to create new gravel parking spaces along Georgia Avenue.
Please indicate below your agency's position or viewpoint on the proposed project and
return this form to Cameron Luck at the address above by January 9, 2022 If you have any
questions regarding the proposed project, contact Bryan Hall at [phone] when appropriate, in-
depth comments with supporting data is requested.
REPLY: This agency has no objection to the project as proposed.
"Additional comments may be attached"
This agency has no comment on the proposed project.
This agency approves of the project only if the recommended changes
are incorporated. See attached.
This agency objects to the project for reasons described in the attached
comments.
PRINT NAME 110, _j ) un A
AGENCY Gov PC
SIGNATURE �, DATE
1-13 -VeL2
North Carolina Department of Environmental Quality I Division of Coastal Management
Wilmington Office 1127 Cardinal Drive Extension I Wilmington, North Carolina 28405
91o.796.72i5

ROY COOPER
Governor
ELIZABETH S. BISER
Secretary
BRIAN WRENN
Director
January 26, 2022
NORTH CAROLINA
Environmental Quality
CBYC,LLC
Attn: Ms. Courtney Sloan, Managing Member
22555 John Gamble Road
Cornelius, NC 28031
Subject: Stormwater Permit Exemption — Redevelopment Project
Carolina Beach Yacht Club
Project Number SW8 211007
New Hanover County
Dear Ms. Sloan:
On January 14, 2022, the Wilmington Regional Office of the Division of Energy, Mineral and Land Resources
(DEMLR) received a complete request to exempt the subject proposed redevelopment project from Stormwater
Management Permit requirements. Staff review of the plans and supporting documentation has determined that
the project proposes activities that are exempted from State Stormwater permitting requirements as set forth in the
stormwater rules under Title 15A NCAC 2H.1000, as amended.
Therefore, the director of the DEMLR is hereby providing confirmation that the subject project is exempted from
State Stormwater permitting requirements under the following conditions:
1) The project must be constructed as shown on the plans submitted to this Office.
2) The total proposed built -upon area (BUA) of 14,598 square feet does not exceed the existing BUA of
14,598 square feet within this 0.72 acre project area. CBYC, LLC owns the two tracts (R08519-002-028-
000 and R08807-002-010-000) where the project will be located per the deed recorded with New Hanover
County on BK6235/PG2175-2180.
3) The proposed stormwater control (sheet flow) provides equal protection of surface waters as the existing
stormwater control, which is also sheet flow.
4) The project proposes the use of 3,620 square feet of #57 stone at a depth of at least 4" over geotextile
fabric for parking, which is considered to be a permeable surface per NCGS 143-214.7. The underlying
soil should not be mechanically compacted prior to Installation. If, in the future, this pervious surface is
found to no longer meet these requirements, either corrective actions must be taken, or a permit will be
required for the additional BUA.
Under Section .1019(2) of the stormwater rules, the entire common plan of development must be permitted.
Therefore, any future development or changes to the proposed development, including, but not limited to, the
relocation of BUA and the construction of additional BUA, will require approval or a Stormwater Management
permit application and permit issuance from the DEMLR prior to any construction. Construction of additional
development or changes to the proposed development prior to receipt of the required appproval or failure to
maintain compliance with the exemption conditions, are violations of Title 15A NCAC 2H.1000, and may result
in the initiation of appropriate enforcement action.
D_FM North Carolina Department of Environmental Quality I Division of Energy, Mineral and land Resources
./ Wilmington Regional Office 1127 Cardinal Drive Extension 1 Wilmington, North Carolina 28405
�� / 910.796.7215

\ State Stormwater Permit No. SW8 211007
Page 2 of 2
Please keep in mind that this determination does not affect your legal obligation to obtain other permits and
approvals, which may be required by Federal, State, or local government agencies, rule, or law. If you have any
question, or need additional information concerning this matter, please contact Kelly Johnson at 910-796-7215.
Sincerely,
X, Brian Wrenn, Director
Division of Energy, Mineral and Land Resources
DES/kpj: \\\Stormwater\Permits & Prolects\2021\211007 Exemption\2022 01 permit 211007
cc: Mr. Howard Resnick, PE, CSD Engineering
PO Box 4041, Wilmington, NC 28406
New Hanover County Building Safety Department
New Hanover County Engineering
Division of Coastal Management
Wilmington Regional Office Stonnwater File
D Q'�
North Carolina Department of Environmental Quality I Division of Energy, Mineral and land Resources
Wilmington Regional Office 1127 Cardinal Drive Extension I Wilmington, North Carolina 28405
910.796.7215

Hall, Bryan L
From:
Sent:
MacPherson, Tara
Tuesday, May 18, 2021 12:06 PM
To: Hall, Bryan L
Subject: FW: [External] RE: CBYC,Carolina Beach Yacht Club House Boat / Restaurant Barge Scope
Meeting
Just FYI since you were not involved yet...
Tara MacPherson
Wilmington Region District Manager
NC Division of Coastal Management
Department of Environmental Quality
910 796-7266 office
910 395-3964 fax
tars. macphersonCa)ncdenr.00v
127 Cardinal Drive Ext RECEIVED
Wilmington, NC 28405
Email correspondence to and from this address is subject to the DEC 2 2 2021
North Carolina Public Records Law and may be disclosed to third parties.
DCM-MHD CITY
From: Johnson, Kelly__
Sent: Thursday, April 1, 20214:10 PM
To: chad cooke <[e-mail]>; [e-mail]
Cc: Dylan Baker <[e-mail]>; '[e-mail]'
<[e-mail]>; Hall, Christine <[e-mail]>; Weaver, Cameron
<[e-mail]>; MacPherson, Tara <[e-mail]>
Subject: RE: [External] RE: CBYC,Carolina Beach Yacht Club House Boat / Restaurant Barge Scope Meeting
Chad,
I discussed the situation with my supervisor, Christine Hall, today. I was unaware that the Oceana II project (SW8
941115) was involved in this until yesterday, and I was therefore unaware of the lawsuit between the two of you. I
understand from our conversation this morning that the Yacht Club and Oceana 11 have some areas that you co-own, and
that those areas include the parking and potentially other land as well. This presents a logistical problem in terms of
State Stormwater. Land that is permitted under the Oceana 11 permit can only be changed if that permit is modified. The
Oceana II permit is issued to Oceana Limited Partnership. That is the entity that will have to modify the permit if you
need to make those changes. Additionally, the redevelopment exclusion and the land permitted under SW8 941115
cannot overlap. 1 am open to ideas of how to solve this issue, but one solution may be to modify the Oceana 11 permit to
exclude the land that you all own jointly and then put it under a different permit. We will also have to look at any other
potential adjacent permits in the area.
I wish I had better news.
Kelly

Fishery Biologist
Southeast Region, Habitat Conservation Division
NOAA Fisheries
Beaufort, NC 28516
office: [phone]
Tnwla rheatwoodknoaa.aov
NO"FISHERIES
Web www.nmfs.noaa.aov
Facebook www.facebook.com/"usnoaafisheriesgov
Twitter www.twitter.com/noaafisheries
YouTube www.Uoutube.com/usnoaafisheriesgov
14

DEPARTMENT OF THE ARMY
WILMINGTON DISTRICT, CORPS OF ENGINEERS
69 DARLINGTON AVENUE
WILMINGTON, NORTH CAROLINA 28403-1343
August 5, 2022
Regulatory Division
Action ID No. SAW 2022-00063 (also reference SAW 2010-01417)
CBYC,LLC
Attn: Courtney Sloan
4310 Sharon Road, Suite TOIA
Charlotte, NC 28211
Dear Mr. Sloan:
Reference your application for a Department of the Army permit to construct a new
floating structure to accommodate a marina store, concessions and bar, extend the existing fuel
dock, and install a floating structure within an existing slip, within the Carolina Beach Yacht
Basin. The site is located in the Carolina Beach Yacht Basin at 401 Marina Street, Carolina
Beach, New Hanover County, North Carolina.
The 39 feet by 37 feet floating habitable roof covered structure (pseudo houseboat) is
currently permanently located within Slips 41 and #2 inside the existing marina. The proposed
180 feet long by 12 feet wide (2160 sq. ft.) fuel dock extension will extend north from the
existing fuel dock. The extension will create six additional transient slips, four on the eastern
side and two on the western side of the extension. Furthermore, the proposal is for a floating
structure to the east of the proposed fuel dock extension to accommodate a store, concessions,
bar, and seating. The proposed 96 feet long by 24 feet wide (2304 sq. ft.) structure will be
moored by four spuds on the western side of the proposed fuel dock extension. All of the Waters
outside of the marina basin are deemed Primary Nursery Areas by the Division of Marine
Fisheries.
Your proposal has been reviewed and found to be consistent with the provisions and
objectives of the CAMA-Corps Programmatic Permit process, via Regional General Permit 291
(copy attached), for construction activities that receive authorization from the State of North
Carolina. Therefore, you may commence construction activity in strict accordance with the
applicable State authorization, attached Federal special conditions, RGP-291 conditions and the
approved plan. Failure to comply with the State authorization or conditions of the Federal permit
could result in civil and/or administrative penalties.
If any change in your work is required because of unforeseen or altered conditions or for
any other reason, plans revised to show the change must be sent promptly to this office and the
North Carolina Division of Coastal Management prior to performing any such change or
alteration. Such action is necessary as revised plans must be reviewed and the authorization
modified.

-2-
Questions or comments may be addressed to Greg Currey, Wilmington Field Office,
Regulatory Branch, telephone [phone] or email [e-mail].
Sincerely,
Gregory Digitally signed by
7 y Gregory Currey
Currey Date:2022.08.05
12:55:20-04'00'
Greg Currey, Project Manager
Wilmington Regulatory Field Office
Enclosures:
Plans
Manatee Guidelines
GP 291 conditions
Copies Furnished by Email (with enclosures):
NOAA/NMFS; Mr. Fritz Rhode/Ms. Twyla Cheatwood
NOAA/NMFS; Dr. Pace Wilber
NCDEQ/DCM; Mr. Jonathan Howell
NCDEQ/DCM; Ms. Tara McPherson
NCDEQ/DWR; Ms. Holley Snider
NCDEQ/DCM; Mr. Cameron Luck
NCDEQ/DCM; Mr. Bryan Hall
USFWS; Mr. Pete Benjamin/Mrs. Kathy Matthews
USEPA; Mr. Todd Allen Bowers
USCG; BOSN3 Mr. Paul Bertram

-2-
Special Conditions
1. All work authorized by this permit must be performed in strict compliance with the submitted
plans, final revisions dated March 20, 2021 and June 18, 2021, which are a part of this permit.
Any modification to these plans must be approved by the US Army Corps of Engineers
(USACE) prior to implementation.
2. The permittee must install and maintain, at his expense, any signal lights and signals
prescribed by the U.S. Coast Guard, through regulations or otherwise, on authorized facilities.
For further information, the permittee should contact the U.S. Coast Guard Marine Safety Office
at [phone].
3. Approval of the structure is based on determinations that there would be no obstruction to
navigation. The structure may be damaged by wave wash from passing vessels. Issuance of this
permit should not be construed, as relieving the permittee of taking proper steps to ensure the
structure and moored boats will not be damaged by wave wash.
4. All mechanized equipment will be regularly inspected and maintained to prevent
contamination of waters and wetlands from fuels, lubricants, hydraulic fluids, or other toxic
materials. In the event of a spill of petroleum productsor any other hazardous waste, the
permittee shall immediately report it to the N.C. Division of Water Resources at [phone],
Ext. 526 or [phone] and provisions of the North Carolina Oil Pollution and Hazardous
Substances Control Act will be followed.
5. The permittee shall require its contractors and/or agents to comply with the terms and
conditions of this permit in the construction and maintenance of this project, and shall provide
each of its contractors and/or agents associated with the construction or maintenance of this
project with a copy of this permit. A copy of this permit, including all conditions, shall be
available at the project site during construction and maintenance of this project.
6. The permittee shall employ all sedimentation and erosion control measures necessary to
prevent an increase in sedimentation or turbidity within waters and wetlands outside the permit
area. This shall include, but is not limited to, the immediate installation of silt fencing or similar
appropriate devices around all areas subject to soil disturbance or the movement of earthen fill,
and the immediate stabilization of all disturbed areas. Additionally, the project must remain in
full compliance with all aspects of the Sedimentation Pollution Control Act of 1973
7. The activity will be conducted in such a manner as to prevent a significant increase in turbidity
outside the area of construction or construction -related discharge. Increases such that the
turbidity in the waterbody is 50 NTU's or less in all rivers not designated as trout waters by the
North Carolina Division of Environmental Management (NCDEM), 25 NTU's or less in all
saltwater classes and in all lakes and reservoirs, and 10 NTU's or less in trout waters, are not
considered significant.

-3-
8. In order to further protect the endangered West Indian Manatee, Trichechus manatus, the
applicant must implement the U.S. Fish and Wildlife Service's Manatee Guidelines, and strictly
adhere to all requirements therein. The guidelines can be found athttp://www.fws.gov/nc-
es/mammal/manatee auidelines.ndf.
9.The permittee, upon receipt of a notice of revocation of this permit or upon its expiration
before completion of the work will, without expense to the United States and in such time and
manner as the Secretary of the Army or his authorized representative may direct, restore the
water or wetland to its pre -project condition.
1 O.Violations of these conditions or violations of Section 404 of the Clean Water Act or Section
10 of the Rivers and Harbors Act must be reported in writing to the Wilmington District U.S.
Army Corps of Engineers within 24 hours of the permittee's discovery of the violation.

DocuSign Envelope ID: 7C30692645984D28-BB4A-849lAl9900E5
ROY COOPER
Governor
ELIZABETH S. BISER
Secretary
RICHARD E. ROGERS, JR.
Director
NORTH CAROLINA
Environmental Quality
August 3, 2022
D W R # 20100711v2
New Hanover County
Carolina Beach Yacht Club, LLC
Attn: Courtney Sloan
4310 Sharon Rd. Suite T01A
Charlotte, NC 28211
Subject: Issuance of Individual 401 Water Quality Certification
Carolina Beach Yacht Club Fuel Dock Extension and Houseboat
USACE Action ID. No. SAW-2022-00063 & SAW-2010-01417
Dear Mrs. Sloan:
Attached hereto is a copy of Certification No. WQC005055 issued to Courtney Sloan and Carolina Beach
Yacht Club, LLC, dated August 3, 2022. This Water Quality Certification replaces the Certification issued
on October 15, 2010. This Water Quality Certification is for the purpose and design described in your
application and based on the plans and specifications in your application, which is incorporated by
reference as part of this Water Quality Certification. If you change your project, you must notify the
Division of Water Resources (DWR) and you may be required to submit a new application package with
the appropriate fee. If the property is sold, the new owner must be given a copy of this Certification and is
responsible for complying with all conditions. [15A NCAC 02H .0507(d)(2)].
This Water Quality Certification does not relieve the permittee of the responsibility to obtain all other
required Federal, State, or Local approvals before proceeding with the project, including those required
by, but not limited to, Sediment and Erosion Control, Non -Discharge, Water Supply Watershed, and
Trout Buffer regulations.
This Water Quality Certification neither grants nor affirms any property right, license, or privilege in any
lands or waters, or any right of use in any waters. This Water Quality Certification does not authorize
any person to interfere with the riparian rights, littoral rights, or water use rights of any other person
and does not create any prescriptive right or any right of priority regarding any usage of water. This
Water Quality Certification shall not be interposed as a defense in any action respecting the
determination of riparian or littoral rights or other rights to water use. No consumptive user is deemed
by virtue of this Water Quality Certification to possess any prescriptive or other right of priority with
respect to any other consumptive user.
Upon the presentation of proper credentials, the Division may inspect the property.
This Water Quality Certification shall expire on the same day as the expiration date of the corresponding
Section 404 Permit. The conditions shall remain in effect for the life of the project, regardless of the
expiration date of this Water Quality Certification.
y Nonh Carolina Department of Environmental Qrulity I Division of Water Resources
127 Cardinal Drive Est. I Wilmington, North Camlinh 28405
o� /� 910.796.7215

DocuSign Envelope ID: 7C3069264598-4D28-BB4A-8491A19900E5 Carolina Beach Yacht Club, LLC
DWR# 20100711v2
Individual Certification #WQC005055
Page 2 of 12
Non-compliance with or violation of the conditions herein set forth may result in revocation of this
Water Quality Certification and may also result in criminal and/or civil penalties.
If you are unable to comply with any of the conditions of this Water Quality Certification you must notify
the Wilmington Regional Office within 24 hours (or the next business day if a weekend or holiday) from
the time the permittee becomes aware of the circumstances.
The permittee shall report to the Wilmington Regional Office any noncompliance with, and/or any
violation of, surface waters, stream or wetland standards [15A NCAC 02B .02001 including but not
limited to sediment impacts to surface waters, stream or wetlands. Information shall be provided orally
within 24 hours (or the next business day if a weekend or holiday) from the time the permittee became
aware of the non-compliance circumstances.
This Water Quality Certification and its conditions are final and binding unless contested [G.S. 143-
215.5].
This Water Quality Certification can be contested as provided in Chapter 150E of the North Carolina
General Statutes by filing a Petition for a Contested Case Hearing (Petition) with the North Carolina Office
of Administrative Hearings (OAH) within sixty (60) calendar days. Requirements for filing a Petition are
set forth in Chapter 150B of the North Carolina General Statutes and Title 26 of the North Carolina
Administrative Code. Additional information regarding requirements for filing a Petition and Petition
forms may be accessed at http://www.ncoah.comL or by calling the OAH Clerk's Office at [phone].
A party filing a Petition must serve a copy of the Petition on:
William F. Lane, General Counsel
Department of Environmental Quality
1601 Mail Service Center
Raleigh, NC 27699-1601
If the party filing the Petition is not the permittee, then'the party must also serve the recipient of the
Certification in accordance with N.C.G.S 15013-23(a).
This letter completes the Division's review under section 401 of the Clean Water Act and 15A NCAC 02H
.0500. Please contact Holley Snider at 910-796-7303 or hollev.snidergncdenr.xov if you have any
questions or concerns.
Sincerely, oeeuslenedby: Em
byt & StUn&t, J—(C vj
EMBA14A07BC434...
Morelia Sanchez -King
Regional Operations Supervisor
Division of Water Resources
Electronic cc: Chad Cooke, agent
Greg Curry, USACE Wilmington Regulatory Field Office
Of
North Carolina Department of Environmental Quality l Division of Water Resources
®Iro�Z
612 North Salisbury Street 1 1617 Mail Service Center I Raleigh, North Carolina 27699-1617
uwm oaam iw
m.n fn..eavneimM
919.707.9000

DocuSign Envelope ID: 7C306926-4598-4D28-BB4A-8491A19900E5 Carolina Beach Yacht Club, LLC
D W R# 20100711v2
Individual Certification #WQC005055
Page 3 of 12
Todd Bowers, EPA
DWR 401 & Buffer Permitting Branch Electronic file
Filename: 20100711v2_Carolina Beach Yacht Club_IWQC_NHCo_Aug.22.docx
North Carolina Department of Environmental Quality I Division of Water Resources
512 North Salisbury Street 1 1617 Mail Service Center I Raleigh, Noah Carolina 27699-1617
919.707.9000
nammoru.ti..�mrmm�

DocuSign Envelope ID: 7C306926-4598-4D28-BB4A-8491A19900E5
Carolina Beach Yacht Club, LLC
DWR# 20100711v2
Individual Certification #WQC005055
Page 4 of 12
NORTH CAROLINA 401 WATER QUALITY CERTIFICATION
CERTIFICATION #WQC005055 is issued in conformity with the requirements of Section 401, Public Laws
92-500 and 95-217 of the United States and subject to North Carolina's Regulations in 15 NCAC 02H .0500
and 15A NCAC 02B .0200, to Courtney Sloan and Carolina Beach Yacht Club, LLC, who have authorization
for the impacts listed below, as described within your request to modify your N.C. Division of Coastal
Management major permit #143-10. DWR received your application on December 15, 2021 and received
additional information on April 22, 2022 and June 15, 2022. The N.C. Division of Coastal Management
issued a public notice regarding the proposed permit modifications on December 19, 2021.
DWR certifies that this activity will comply with North Carolina water quality requirements and the
applicable portions of Sections 301, 302, 303, 306, 307 of the Public Laws 92-500 and PL 95-217 if
conducted in accordance with the application, the supporting documentation, and conditions
hereinafter set forth.
The following impacts associated with the fuel dock extension, the addition of a floating structure (to
be used as a store selling concessions, office for dock hands, and indoor and outdoor seating and
eating/drinking area), and after -the -fact authorization for a floating structure in slips AI and A2
(to be used as additional office space and living quarters) at the Carolina Beach Yacht Club (project)
are hereby approved. No other impacts are approved, including incidental impacts. [15A NCAC 02H
.0506(b)]
Type of Impact
Amount Approved (units)
Amount Approved
Plan Location or '
Permanent
(units) Temporary
Reference
Open Waters
Moorage of
0 square feet
0 square feet
Carolina Beach
floating structure
Marina and Yacht
within slip Al &
Club Plan View
A2
drawing SP2.1 &
SP2.0 by Mc2
Engineering dated
August 31, 2018
Extension of Fuel
0 square feet
0 square feet
Carolina Beach
Dock to
Marina and Yacht
accommodate
Club Plan View
moorage of a
drawing SP2.1 &
floating structure
SP2.0 by Mc2
to provide
Engineering dated
commercial and
August 31, 2018
retail services
Open Water
54, 452 square feet
0 square feet
Sheets 1 thru 3 CAMA
Dredging*
(1.5 acres)
major permit
drawings dated July
29, 2010
*The dredging component of this authorization is consistent with the previous 401 Certification
(DWR#20100711vl). it is listed here for consistency.
� ®��� North Carolina Depamnent ofEnvironmentel Quality I Division of Water Resources
512 North Salisbury Street 1 1617 Mail Service Center I Raleigh, Noah Carolina 27699-1617
.m.�umirm...eww,� 919.707.9000

DocuSign Envelope ID: 7C306926-4598-4D28-BB4A-8491A19900E5 Carolina Beach Yacht Club, LLC
D W R# 20100711v2
Individual Certification #WQC005055
Page 5 of 12
This Water Quality Certification requires you to follow the conditions listed in the certification below.
CONDITIONS OF CERTIFICATION [15A NCAC 02H .0507(c)]:
1. No Discharge from Floating Structures
There shall be no discharge of any pollutant or waste to surface waters. That prohibition
includes but is not limited to the discharge of liquids, solids, wastewater, sewage, "graywater"
or "blackwater," or other wastes, whether treated or untreated, from any source.
Citation: 15A NCAC 018 .0221, 15A NCAC 02H .0507(c)
Justification: A project that affects waters shall not be permitted unless the existing uses, and the
water quality to protect such uses, are protected. In determining that the proposed activity will
comply with state water quality standards (including designated uses, numeric criteria, narrative
criteria and the state's antidegradation policy), the Division must evaluate if the activity has
avoided and minimized impacts to waters, would cause or contribute to a violation of standards
or would result in secondary or cumulative impacts.
2. The docking facility is permitted for the purpose of providing 82 slips (13 transient slips and 69
non -transient slips). Dockage of vessels other than the permitted slips will require re-evaluation
by DWR of the use of the dockage facility. Handrails or other devices, including signage, should
be used to discourage use of any dock space other than the 82 number of designated slips.
Citation: 15A NCAC 07H .0208, 15A NCAC 028.0221, 15A NCAC 02H .0507(c)
Justification: A project that affects waters shall not be permitted unless the existing uses, and the
water quality to protect such uses, are protected. In determining that the proposed activity will
comply with state water quality standards (including designated uses, numeric criteria, narrative
criteria and the state's antidegradation policy), the Division must evaluate if the activity has
avoided and minimized impacts to waters, would cause or contribute to a violation of standards
or would result in secondary or cumulative impacts.
3. Construction Moratoriums and Coordination. If activities must occur during periods of high
biological activity (i.e. sea turtle nesting, fish spawning, or bird nesting), then biological
monitoring may be required at the request of other state or federal agencies and coordinated
with these activities.
All moratoriums on construction activities established by the NC Wildlife Resources Commission
(WRC), US Fish and Wildlife Service (USFWS), NC Division of Marine Fisheries (DMF), or National
Marine Fisheries Service (NMFS) to lessen impacts on trout, anadromous fish, larval/post-larval
fishes and crustaceans, or other aquatic species of concern shall be implemented. Exceptions to
this condition require written approval by the resource agency responsible for the given
moratorium.
Work within identified state or federal endangered or threatened species habitat shall be
coordinated with the appropriate WRC, USFWS, NMFS, and/or DMF personnel.
North Carolina Department of Environmental Quality 1 Division of Water Resoues
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Individual Certification #WQC005055
Page 6 of 12
Citation: 15A NCAC 02H.0221; 15A NCAC 02H.0507(c)
Justification: In order to protect against impairment of water quality standards and best usage of
receiving and downstream waters, water quality based management practices must be
employed to protect against direct or indirect discharge of waste or other sources of water
pollution. Surface water quality standards require that conditions of waters be suitable for all
best uses provided for in state rule (including, at minimum: aquatic life propagation, survival,
and maintenance of biological integrity, wildlife, secondary contact recreation, agriculture, and
shellfishing for marketing purposes) and that activities must not cause water pollution that
precludes any best use on a short-term or long-term basis.
4. The Permittee shall comply with 15A NCAC 02B .0220 Tidal Salt Water Quality for Class SA
Waters (3)(g) pH: shall be normal for waters in the area, which generally shall range between
6.8 and 8.5 except that swamp waters may have a pH as low as 4.3 if it is the result of natural
conditions; (1) Turbidity: the turbidity in the receiving water shall not exceed 25 NTU; if turbidity
exceeds this level due to natural background conditions, the existing turbidity level shall not be
increased.
Citation: 15A NCAC 02B .0220
Justification: Surface water quality standards require that conditions of waters be suitable for all
best uses provided for in state rule (including, at minimum: aquatic life propagation, survival,
and maintenance of biological integrity (including fishing, fish, and Primary Nursery Areas
(PNAs)), wildlife, and secondary contact recreation],* and that activities must not cause water
pollution that precludes any best use on a short-term or long-term basis.
5. Dredging shall not cause Shellfish Closures. The effluent water from the dredge spoil should not
be released into open shellfish waters. Marine Fisheries Shellfish Sanitation Section and the
Division of Water Resources must be notified if effluent is released into open shellfish waters.
Citation: 15A NCAC 028.0220
Justification: Surface water quality standards require that conditions of waters be suitable for all
best uses provided for in state rule (including, at minimum: aquatic life propagation, survival,
and maintenance of biological integrity (including fishing, fish, and Primary Nursery Areas
(PNAs)), wildlife, and secondary contact recreation]; and that activities must not cause water
pollution that precludes any best use on a short-term or long-term basis.
6. Alldredge and/or fill material shall be placed on high ground and excavation shall not occur
in Primary Nursery Areas except within the footprint authorized by this Water Quality
Certification.
Citation: 15A NCAC 02H .0506,• 15A NCAC 02H .0507(c)
Justification: Surface water quality standards require that conditions of waters be suitable for all
best uses provided for in state rule (including, at minimum: aquatic life propagation, survival,
and maintenance of biological integrity; wildlife, secondary contact recreation; agriculture); and
North Carolina Department of Environmental Quality I Division of Water Resources
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DocuSign Envelope ID: 7C306926-4598-4D28-BB4A-8491A19900E5 Carolina Beach Yacht Club, LLC
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Individual Certification #WQ0005055
Page 7 of 12
that activities must not cause water pollution that precludes any best use on a short-term or
long-term basis.
7. The permittee shall report to the DWR Wilmington Regional Office any noncompliance with,
and/or any violation of, surface waters or wetland standards [15A NCAC 02B .0200], including but
not limited to sediment impacts to surface waters or wetlands. Information shall be provided
orally within 24 hours (or the next business day if a weekend or holiday) from the time the
permittee became aware of the non-compliance circumstances.
Citation: 15ANCAC O2H.O506(b); 15A NCAC 02H.0507(c)
Justification: Timely reporting of non-compliance is important in identifying and minimizing
detrimental impacts to water quality and avoiding impacts due to water pollution that precludes
any best use on a short-term or long-term basis.
8. No waste, spoil, solids, or fill of any kind shall occur in wetlands or waters beyond the footprint
of the approved impacts (including temporary impacts).
Citation: 15A NCAC 02H .0506; 15A NCAC 02H .0507(c)
Justification: Surface water quality standards require that conditions of waters be suitable for all
best uses provided for in state rule (including, at minimum: aquatic life propagation, survival,
and maintenance of biological integrity, wildlife; secondary contact recreation; agriculture); and
that activities must not cause water pollution that precludes any best use on a short-term or
long-term basis.
9. All construction activities shall be performed and maintained in full compliance with G.S.
Chapter 113A Article 4 (Sediment and Pollution Control Act of 1973). Regardless of applicability
of the Sediment and Pollution Control Act, all projects shall incorporate appropriate Best
Management Practices for the control of sediment and erosion so that no violations of state
water quality standards, statutes, or rules occur.
Citation: 15A NCAC 02H .O505(b); 15A NCAC 02H .0507(c); 15A NCACO2B .0200; 15A NCAC 02B
.0231
Justification: A project that affects waters shall not be permitted unless the existing uses, and the
water quality to protect such uses, are protected. Activities must not cause water pollution that
precludes any best use on a short-term or long ;term basis. As cited in Stream Standards: (12)
oils, deleterious substances, or colored or other wastes: only such amounts as shall not render
the waters injurious to public health, secondary recreation, or to aquatic life and wildlife, or
adversely affect the palatability offish, aesthetic quality, or impair the waters for any designated
uses; and (21) turbidity in the receiving water shall not exceed 50 Nephelometric Turbidity Units
(NTU) in streams not designated as trout waters and 10 NTU in streams, lakes, or reservoirs
designated as trout waters; for lakes and reservoirs not designated as trout waters, the turbidity
shall not exceed 25 NTU; if turbidity exceeds these levels due to natural background conditions,
the existing turbidity level shall not be increased. As cited in Wetland Standards: (c)(1) Liquids,
fill or other solids, or dissolved gases shall not be present in amounts that may cause adverse
impacts on existing wetland uses; and (3) Materials producing color or odor shall not be present
in amounts that may cause adverse impacts on existing wetland uses.
North Carolina Department Quality I Division Resources
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DocuSign Envelope ID: 7C306926-4598-4D28-BB4A-8491A19900E5 Carolina Beach Yacht Club, LLC
DWR# 20100711v2
Individual Certification #WQC005055
Page 8 of 12
10. Sediment and erosion control measures shall not be installed in wetland or waters except within
the footprint of temporary or permanent impacts otherwise authorized by this Water Quality
Certification. If placed within authorized impact areas, then placement of such measures shall
not be conducted in a manner that results in dis-equilibrium of any wetlands, streambeds, or
streambanks. Any silt fence installed within wetlands shall be removed from wetlands and the
natural grade restored within two (2) months of the date that DEMLR or locally delegated
program has released the specific area within the project to ensure wetland standards are
maintained upon completion of the project.
Citation: 15A NCAC 02H .O5O6(b); 15A NCAC 02H .O507(c); 15A NCAC 02B .0200; 15A NCAC 02B
.0231
Justification: A project that affects waters shall not be permitted unless the existing uses, and the
water quality to protect such uses, are protected. Activities must not cause water pollution that
precludes any best use on a short-term or long-term basis. As cited in Stream Standards: (12)
Oils, deleterious substances, or colored or other wastes: only such amounts as shall not render
the waters injurious to public health, secondary recreation, or to aquatic life and wildlife, or
adversely affect the palatability offish, aesthetic quality, or impair the waters for any designated
uses; and (21) turbidity in the receiving water shall not exceed 50 Nephelometric Turbidity Units
(NTU) in streams not designated as trout waters and 10 NTU in streams, lakes, or reservoirs
designated as trout waters; for lakes and reservoirs not designated as trout waters, the turbidity
shall not exceed 25 NTU; if turbidity exceeds these levels due to natural background conditions,
the existing turbidity level shall not be increased. As cited in Wetland Standards: (c)(1) Liquids,
fill or other solids, or dissolved gases shall not be present in amounts that may cause adverse
impacts on existing wetland uses; and (3) Materials producing color or odor shall not be present
in amounts that may cause adverse impacts on existing wetland uses.
11. Erosion control matting that incorporates plastic mesh and/or plastic twine shall not be used
along streambanks or within wetlands.
Citation: 15ANCAC 02H.05O6(b), 15ANCAC 02H.O507(c)
Justification: A project that affects waters shall not be permitted unless the existing uses
(including aquatic life propagation and biological integrity), and the water quality to protect
such uses, are protected. Protections are necessary to ensure any remaining surface waters or
wetlands, and any surface waters or wetlands downstream, continue to support existing uses
during and after project completion. The Division must evaluate if the activity has avoided and
minimized impacts to waters, would cause or contribute to a violation of standards, or would
result in secondary or cumulative impacts.
12. All work in or adjacent to surface waters shall be conducted so that the flowing streams and
surface waters does not come in contact with the disturbed area. Approved best management
practices from the most current version of the NC Sediment and Erosion Control Manual, or the
NC Department of Transportation Construction and Maintenance Activities Manual, such as
sandbags, rock berms, cofferdams, and other diversion structures shall be used to minimize
excavation in flowing water.
Citation: 15A NCAC 02H .05O6(b); 15A NCAC 02H .0507(c); 15A NCAC 02B .0200
®� O%Z North Carolina Depanment ofEmironmental Quality I Division of Water Resoumes
512 North Salisbury Street 1 1617 Mail Service Center I Raleigh, Noah Carolina 27699-1617
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DocuSign Envelope ID: 7C306926-4598-4D28-BB4A-8491A19900E5 Carolina Beach Yacht Club, LLC
D W R# 20100711v2
Individual Certification kWQC005055
Page 9 of 12
Justification: Surface water quality standards require that conditions of waters be suitable for all
best uses provided for instate rule, and that activities must not cause water pollution that
precludes any best use on a short-term or long-term basis. As cited in Stream Standards: (12)
Oils, deleterious substances, or colored or other was only such amounts as shall not render
the waters injurious to public health, secondary recreation, or to aquatic life and wildlife, or
adversely affect the palatability offish, aesthetic quality, or impair the waters for any designated
uses; and (21) turbidity in the receiving water shall not exceed 50 Nephelometric Turbidity Units
(NTU) in streams not designated as trout waters and 10 NTU in streams, lakes, or reservoirs
designated as trout waters; for lakes and reservoirs not designated as trout waters, the turbidity
shall not exceed 25 NTU; if turbidity exceeds these levels due to natural background conditions,
the existing turbidity level shall not be increased.
13. If concrete is used during construction, then all necessary measures shall be taken to prevent
direct contact between uncured or curing concrete and waters of the State. Water that
inadvertently contacts uncured concrete shall not be discharged to waters of the State.
Citation: 15A 021-1.0506(b); 15A NCAC 02H .0507(c); 15A NCAC 02B .0200; 15A NCAC 02B .0231
Justification: A project that affects waters shall not be permitted unless the existing uses, and the
water quality to protect such uses, are protected. Activities must not cause water pollution that
precludes any best use on a short-term or long-term basis. As cited in Stream Standards: (12)
Oils, deleterious substances, or colored or other wastes: only such amounts as shall not render
the waters injurious to public health, secondary recreation, or to aquatic life and wildlife, or
adversely affect the palatability offish, aesthetic quality, or impair the waters for any designated
uses. As cited in Wetland Standards: (c)(1) Liquids, fill or other solids, or dissolved gases shall not
be present in amounts that may cause adverse impacts on existing wetland uses; and (3)
Materials producing color or odor shall not be present in amounts that may cause adverse
impacts on existing wetland uses.
14. All proposed and approved temporary pipes/culverts/rip-rap pads etc. in surface waters.,
streams or wetlands shall be installed as outlined in the most recent edition of the North
Carolina Sediment and Erosion Control Planning and Design Manual or the North Carolina
Surface Mining Manual or the North Carolina Department of Transportation Best Management
Practices for Construction and Maintenance Activities so as not to restrict stream flow or cause
dis-equilibrium during use of this Certification.
Citation: 15A NCAC 021-1.0506(b); 15A NCAC 02H .0507(c)
Justification: Surface water quality standards require that conditions of waters be suitable for all
best uses provided for in state rule, and that activities must not cause water pollution that
precludes any best use on a short-term or long-term basis. Ensuring that structures are installed
properly in waters will ensure that surface water quality standards are met and conditions of
waters are suitable for all best uses.
15. Any rip -rap required for proper culvert placement, stream stabilization, or restoration of
temporarily disturbed areas shall be restricted to the area directly impacted by the approved
construction activity. All rip -rap shall be placed such that the original streambed elevation and
streambank contours are restored and maintained and shall consist of clean rock or masonry
material free of debris or toxic pollutants. Placement of rip -rap or other approved materials
I. �Kffli North Caroline Depaninent of Environmental Quality I Division of Water Resources
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DocuSign Envelope ID: 7C306926-4598-4D28-BB4A-8491A19900E5 Carolina Beach Yacht Club, LLC
DWR# 20100711v2
Individual Certification #WQC005055
Page 10 of 12
shall not result in de -stabilization of the stream bed or banks upstream or downstream of the
area or be installed in a manner that precludes aquatic life passage.
Citation: 15A NCAC 02H .0506(b); 15A NCAC 02H .0507(c)
Justification: Surface water quality standards require that conditions of waters be suitable for all
best uses provided for in state rule, and that activities must not cause water pollution that
precludes any best use on a short-term or long-term basis. The Division must evaluate if the
activity has avoided and minimized impacts to waters, would cause or contribute to a violation
of standards, or would result in secondary or cumulative impacts.
16. Any rip -rap used for stream or shoreline stabilization shall be of a size and density to prevent
movement by wave, current action, or stream flows, and shall consist of clean rock or masonry
material free of debris or toxic pollutants. Rip -rap shall not be installed in the streambed except
in specific areas required for velocity control and to ensure structural integrity of bank
stabilization measures.
Citation: 15A NCAC 02H .0506(b); 15A NCAC 02H .0507(c); 15A NCAC 02B .0201
Justification: Surface water quality standards require that conditions of waters be suitable for all
best uses provided for in state rule, and that activities must not cause water pollution that
precludes any best use on a short-term or long-term basis. The Division must evaluate if the
activity has avoided and minimized impacts to waters, would cause or contribute to a violation
of standards, or would result in secondary or cumulative impacts.
17. All mechanized equipment operated near surface waters shall be inspected and maintained
regularly to prevent contamination of surface waters from fuels, lubricants, hydraulic fluids, or
other toxic materials. Construction shall be staged in order to minimize the exposure of
equipment to surface waters to the maximum extent practicable. Fueling, lubrication, and
general equipment maintenance shall be performed in a mannerto prevent, to the maximum
extent practicable, contamination of surface waters by fuels and oils.
Citation: 15A NCAC 02H .0506(b); 15A NCAC 02H .0507(c); 15A NCAC 02B .0200,,15A NCAC 02B
.0231
Justification: A project that affects waters shall not be permitted unless the existing uses, and the
water quality to protect such uses, are protected. Activities must not cause water pollution that
precludes any best use on a short-term or long-term basis. As cited in Stream Standards: (12)
Oils, deleterious substances, or colored or other wastes: only such amounts as shall not render
the waters injurious to public health, secondary recreation, or to aquatic life and wildlife, or
adversely affect the palatability offish, aesthetic quality, or impair the waters for any designated
uses. As cited in Wetland Standards: (c)(1) Liquids, fill or other solids, or dissolved gases shall not
be present in amounts that may cause adverse impacts on existing wetland uses; and (3)
Materials producing color or odor shall not be present in amounts that may cause adverse
impacts on existing wetland uses.
18. Heavy equipment working in wetlands shall be placed on mats or other measures shall be taken
to minimize soil disturbance and compaction.
Citation: 15A NCAC 02H .0506(b); 15A NCAC 02H .0507(c); I5A NCAC 02B .0231
North Carolina Depannent of Environmental Quality I Division of Water Resources
512 North Salisbury Street 1 1617 Mail Service Center I Raleigh, North Carolina 27699-1617
919.707,9000
19
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DocuSign Envelope ID: 7C306926-4598-4D28-BB4A-8491A19900E5 Carolina Beach Yacht Club, LLC
DWRR 201007110
Individual Certification #WQC005055
Page 11 of 12
Justification: Wetland standards require maintenance or enhancement of existing uses of
wetlands such that hydrologic conditions necessary to support natural biological and physical
characteristics are protected; populations of wetland flora and fauna are maintained to protect
biological integrity of the wetland; and materials or substances are not present in amounts that
may cause adverse impact on existing wetland uses.
19. In accordance with 143-215.85(b), the permittee shall report any petroleum spill of 25 gallons or
more; any spill regardless of amount that causes a sheen on surface waters; any petroleum spill
regardless of amount occurring within 100 feet of surface waters; and any petroleum spill less
than 25 gallons that cannot be cleaned up within 24 hours.
Citation: 15ANCACO2H.0507(c); N.C.G.S143-215.85(b)
Justification: Person(s) owning or having control over oil or other substances upon notice of
discharge must immediately notify the Department; or any of its agents or employees, of the
nature, location, and time of the discharge and of the measures which are being taken or are
proposed to be taken to contain and remove the discharge. This action is required in order to
contain or divert the substances to prevent entry into the surface waters. Surface water quality
standards require that conditions of waters be suitable for all best uses provided for in state rule
(including, at minimum: aquatic life propagation, survival, and maintenance of biological
integrity; wildlife,, secondary contact recreation; agriculture); and that activities must not cause
water pollution that precludes any best use on a short-term or long-term basis.
20. The permittee and their authorized agents shall conduct all activities in a manner consistent
with State water quality standards (including any requirements resulting from compliance with
§303(d) of the Clean Water Act), and any other appropriate requirements of State and Federal
Law.
Citation: 15A NCAC 02H .0506(b); 15A NCAC 02H .0507(c)
Justification: Surface water quality standards require that conditions of waters be suitable for all
best uses provided for in state rule, and that activities must not cause water pollution that
precludes any best use on a short-term or long-term basis. The Division must evaluate if the
activity has avoided and minimized impacts to waters, would cause or contribute to a violation
of standards, or would result in secondary or cumulative impacts.
21. The permittee shall require its contractors and/or agents to comply with the terms and
conditions of this Water Quality Certification in the construction and maintenance of this
project, and shall provide each of its contractors and/or agents associated with the construction
or maintenance of this project with a copy of this Water Quality Certification. A copy of this
Water Quality Certification shall be available at the project site during the construction and
maintenance of this project.
Citation: 15A NCAC 02H .0506(b); 15A NCAC 02H .0507(c)
Justification: Those actually performing the work should be aware of the requirements of this
401 Water Quality Certification to minimize water quality impacts.
This Water Quality Certification, authorizing specific impacts in specific areas as depicted in your
application, shall expire upon expiration of the 404 or CAMA Permit. The conditions in effect on the
North Carolina Department of Environmental Quality I Division of Water Resources
Iod E Q 512 North Salisbury Street 1 1617 Mail Service Center I Raleigh, North Carolina 27699-1617
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DocuSign Envelope ID: 7C306926-4598-4D28-BB4A-8491A19900E5 Carolina Beach yacht Club, LLC
D W R# 20100711v2
Individual Certification #WQC005055
Page 12 of 12
date of issuance shall remain in effect for the life of the project, regardless of the expiration date of this
Water Quality Certification. 115A NCAC 02H .0507(c)]
This, the 3rd day of August 2022
CDoeuSiBnatl by:
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Morelia Sanchez -King
Regional Operations Supervisor
N.C. Division of Water Resources
MSK/hs
WQO005055
�F�'5 North Carolina Department of Environmental Quality I Division of Water Resources
512 North Salisbury Street 1 1617 Mail Service Center I Raleigh, North Carolina 27699-1617
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Luck, Cameron A
From: Currey, Gregory E CIV USARMY CESAD (USA)<[e-mail]>
Sent: Friday, June 24, 2022 10:16 AM
To: Luck, Cameron A
Subject: [External] FW: 2022-00063 CBYC, LCLC Marina Modifications
CAUTION: External email. Do not click links or open attachments unless you verify. Send all suspicious email as an attachment to
Reoort Soam.
Cameron, FYI.
Greg
Greg Currey
Project Manager
USACE, Wilmington
69 Darlington Ave.
Wilmington, NC 28403
PH 910-251-4707
(NS (madrt3wi'ril
At Nvi a�
From: Horton, James Todd CIV USARMY CESAW (USA) <James.T.Horton @usace.army.mil>
Sent: Wednesday, June 8, 2022 5:29 PM
To: Currey, Gregory E CIV USARMY CESAD (USA) <[e-mail]>
Cc: Arnette, Justin R CIV USARMY CESAW (USA) <[e-mail]>
Subject: RE: 2022-00063 CBYC, LCLC Marina Modifications
Greg,
I reached out to USCG Sector NC today, because I was interested to know what their thoughts are on this project, and LT
Kennerley indicated they had not received any permit application to review, so they have not seen the project in order
to provide comments. I am forwarding the project information to them for comments.
From a USACE Navigation perspective, we still have significant opposition against this project, because it is being
developed in a high traffic area located at the convergence of the entrance to Carolina Beach Harbor, a NCWRC ramp, a
CBYC marina fueling facility, and a relatively high shoaling turn of the AIWW. Once the adjacent channel shoals in, it
forces larger vessels to navigate outside the channel in the vicinity where this project is proposed. All of these factors
combine create an enormous navigation hazard. Expanding this facility and adding more fueling facilities is only going to
increase the congestion of this area. Having this type of facility adjacent to a high traffic waterway is not recommended
due to a concern for public safety.
I am out of the office until next week, but I would be willing to discuss in further detail at that time.
v/r,
Todd Horton
Chief, Waterways Management Section
USACE Wilmington District, Navigation Branch
Office: [phone]
Cell: [phone]

From: Currey, Gregory E CIV USARMY CESAD (USA)<[e-mail]>
Sent: Monday, June 6, 2022 5:38 PM
To: Horton, James Todd CIV USARMY CESAW (USA) <James.T.Horton usace.army.mil>; Arnette, Justin R CIV USARMY
CESAW (USA)<[e-mail]>
Subject: FW: 2022-00063 CBYC, LCLC Marina Modifications
Hey guys, the applicant is calling me every day on this. Do you know if you will have any further input soon? I feel like I
should give him some kind of an answer.
In case you would want to call him, his # is 704-778-8994, Chad Cooke.
1 am in training but you can also call me, govt. cell — 910-523-1151
Personal cell —910-523-3982.
Greg
Greg Currey
Project Manager
USACE, Wilmington
69 Darlington Ave.
Wilmington, NC 28403
PH 910-251-4707
From: Currey, Gregory E CIV USARMY CESAD (USA)
Sent: Friday, June 3, 2022 10:31 AM
To: Horton, James Todd CIV USARMY CESAW (USA) <[e-mail]>; Arnette, Justin R CIV USARMY
CESAW (USA) <[e-mail]>; Pruitt, Carl E Jr CIV USARMY CESAW (USA)
<Ca rl. E. P ru itt @ u sa ce.a rmv. m i 1>
Subject: FW: 2022-00063 CBYC, LCLC Marina Modifications
Here is a response to the Corps' comments from the applicant.
Did y'all get an email from me earlier today?
Greg
Greg Currey
Project Manager
USACE, Wilmington
69 Darlington Ave.
Wilmington, NC 28403
PH 910-251-4707

From: chad cooke <chad sloandevelopment.com>
Sent: Friday, June 3, 2022 10:12 AM
To: Currey, Gregory E CIV USARMY CESAD (USA) <[e-mail]>;
[e-mail]
Subject: [Non-DoD Source] 2022-00063 CBYC, LCLC Marina Modifications
Can you please open this?
Thanks,
Chad Cooke
SRP
704-778-8994
From: chad cooke
Sent: Thursday, June 2, 2022 11:27 AM
To: Currey, Gregory E CIV USARMY CESAD (USA) <Gregory. [e-mail]>;
[e-mail]
Subject: RE: 2022-00063 CBYC, LCLC Marina Modifications
Greg,
Good morning, please see the attached letter to address the navigational concerns of the army corp.
Please review and let me know if you have any questions or need any additional modifications.
Thanks
Chad
From: chad cooke
Sent: Wednesday, May 25, 2022 11:48 AM
To: Currey, Gregory E CIV USARMY CESAD (USA) <[e-mail]>;
dylanCa@thecarolinabeach marina.com;Grady Richardson <[e-mail]>
Subject: RE: 2022-00063 CBYC, LCLC Marina Modifications
G reg,
Good Morning, I think yesterday or today is the final day to submit comments by the US Army Corp. Can you please
confirm that Justin's comment below is the only item we need to address?
I am free all afternoon to discuss. I understand you are busy and have a lot of projects and I can appreciate that but we
really need your help in getting this pushed through. We have been waiting almost 8 months.
If you need anything please let me know.
Thanks,
Chad Cooke
SRP

704-778-8994
From: Currey, Gregory E CIV USARMY CESAD (USA) <Gregory [e-mail]>
Sent: Tuesday, April 26, 2022 4:50 PM
To: chad cooke <chadCo)sloandevelopment.com>
Subject: FW: 2022-00063 CBYC, LCLC Marina Modifications
Chad, see Justin's comments below.
Greg
Greg Currey
Project Manager
USACE, Wilmington
69 Darlington Ave.
Wilmington, NC 28403
PH 910-251-4707
From: Arnette, Justin R CIV USARMY CESAW (USA) <Justin.R.Arnette usace.army.mil>
Sent: Tuesday, April 26, 2022 8:15 AM
To: Currey, Gregory E CIV USARMY CESAD (USA) <[e-mail]>; Tranter, Kent W CIV USARMY
CESAW (USA) <Kent.Tranterusace.armv.mil>
Cc: Horton, James Todd CIV USARMY CESAW (USA) <James.T.Horton usace.army.mil>
Subject: RE: 2022-00063 CBYC, LCLC Marina Modifications
Greg,
Navigation has serious safety and navigational concerns with the fuel dock expansion part of this project. That dock is at
one of the sharpest turns in the waterway, this puts the proposed extension into harms way should a vessel have any
issues. This expansion/extension will also have more people out on the dock for longer periods of time. Should an
incident occur, more people maybe injured due to this. We feel it is a large safety concern as well as a navigational issue
with more structure sticking out into the waterway.
Should this project be permitted, we would like a condition that the increased safety concern they are created can not
be used as justification for a No Wake Zone in the future.
Thanks.
Justin
Justin Arnette
Team Lead Cartographer
Landuse Coordinator
Wilmington District
U.S. Army Corps of Engineers
910-251-4196
[e-mail]

From: Currey, Gregory E CIV USARMY CESAD (USA) <Gregory E [e-mail]>
Sent: Friday, April 22, 2022 4:19 PM
To: kathrvn [e-mail]; Leigh [e-mail]; [e-mail]; Pete Beniamin@fws:gov; Tranter,
Kent W CIV USARMY CESAW (USA) <Kent [e-mail]>; Horton, lames Todd CIV USARMY CESAW (USA)
<James T [e-mail]>; Arnette, Justin R CIV USARMY CESAW (USA) <[e-mail]>;
[e-mail]; Bowers, Todd <bowers [e-mail]>; [e-mail];
[e-mail]; Fritz Rohde - NOAA Federal <[e-mail]>; [e-mail]; Twyla
Cheatwood <TWYIa [e-mail]>; John <iohn [e-mail]>; [e-mail]; MacPherson, Tara
<tara.macpherson(@ncdenr.gov>; Howell, Jonathan <[e-mail]>; Wojoski, Paul A
<Paul [e-mail]>; [e-mail]; Luck, Cameron A <[e-mail]>
Subject: 2022-00063 CBYC, LCLC Marina Modifications
All,
Pursuant to the CAMA-Corps Programmatic Permit process for Permit RGP-291, the North Carolina Division of Coastal
Management (NC DCM) has forwarded to our office a copy of the CAMA permit application, Field Investigation Report
and BioReport for the subject project. The attached notice requests federal agency comments on this project by May
25, 2022.
The proposed project would be located at 401 Marina Street adjacent to the AIWW and the Carolina Beach Yacht Basin
in Carolina Beach, New Hanover County, NC.
The applicant proposes to moor a new floating structure to accommodate a marina store, concessions and bar, extend
the existing fuel dock, and install a floating structure within an existing slip, within the Carolina Beach Yacht Basin.
The proposed 39' long by 37' wide (1443 sq. ft.) floating habitable, roof covered, and enclosed floating structure would
be permanently located within slips # 1 and #2 inside the existing marina basin. The floating structure would be tied to
cleats of the existing marina floating docks. This structure was the subject of Notice of Violation Case #20-14D which
stated to avoid formal enforcement and civil penalties, the applicant must submit a permit application proposing to
locate the structure within the permitted marina.
The proposed 180' long by 12' wide (2160 sq. ft.) fuel dock extension would extend north from the existing fuel dock.
The extension would create six additional transient slips, four on the eastern side and two on the western side of the
extension. This area is deemed a Primary Nursery Area by the Division of Marine Fisheries.
The applicant also proposes a floating structure to the east of the proposed fuel dock extension to accommodate a
store, concessions, bar, and seating. The proposed 96' long by 24' wide (2304 sq. ft.) structure would be moored by four
spuds on the western side of the proposed fuel dock extension. An approximately 42' long by 21' wide two-story, roofed,
and enclosed building would be located on the southern end of the floating structure.
As proposed, the floating structures would incorporate an additional 3,747 sq. ft. of estuarine Waters of the US. This
proposed development would increase the number of vessels accommodated by the facility by adding an additional six
transient slips, for a total of 13 transient slips at the existing 69 slip marina for a total of 82 formalized boat slips.
Please see the attached application request, plans and drawings dated August 31, 2018 and final revised March 20, 2021
(SP 2.1) and June 18, 2021 (SP 2.0) and and a location map for more detailed information concerning the proposed
project.
EFH:
This notice initiates the Essential Fish Habitat (EFH) consultation requirements of the Magnuson -Stevens Fishery
Conservation and Management Act. The Corps' initial determination is that the proposed project may affect, but is not

likely to adversely affect EFH or associated fisheries managed by the South Atlantic or Mid Atlantic Fishery Management
Councils or the National Marine Fisheries Service.
The Waters of the AIWW are designated SC by the Division of Water Resources. These waters ARE designated as PNA by
the NC Division of Marine Fisheries and are conditionally approved closed to shellfishing.
ESA:
The Corps has reviewed the project area, examined all information provided by the applicant and consulted the latest
North Carolina Natural Heritage Database. Based on available information, the Corps has determined that the project
may affect but is not likely to adversely affect the West Indian manatee. The use of the Manatee Guidelines would be
required as a condition of the Corps permit.
NHPA 106:
Pursuant to Section 106 of the National Historic Preservation Act (NHPA) of 1966, Appendix C of 33 CFR Part 325, and
the 2005 Revised Interim Guidance for Implementing Appendix C; the District Engineer consulted district files and
records and the latest published version of the National Register of Historic Places, the Corps has preliminarily
determined that the proposed project will have no effect on cultural resources and requests concurrence from the State
Historic Preservation Office.
Please contact me if you have any questions. Please provide comments as soon as you can or by May 25, 2022.
Thanks,
Greg
Greg Currey
Project Manager
USACE, Wilmington
69 Darlington Ave.
Wilmington, NC 28403
PH 910-251-4707

DEPARTMENT OF THE ARMY
WILMINGTON DISTRICT, CORPS OF ENGINEERS
69 DARLINGTON AVENUE
WILMINGTON, NORTH CAROLINA 28403.1343
June 10, 2022
Regulatory Division
Re: Request for extension — Application from CBYC, LLLP for a
Permit No. 143-10 and Individual 401 Water Quality Certification
Extension and Houseboat Development (DWR ## 20100711 v2).
Corps Action ID. 2022-00063
Modification to CAMA
for CBYC Fuel Dock
Mr. Paul Wojoski
Division of Water Resources-401 & Buffer Permitting Unit North Carolina Department of
Environmental Quality
512 North Salisbury Street Raleigh, North Carolina 27699
(Sent via email at Paul. Woioski(a)ncdenr.gov )
Dear Mr. Wojoski:
Please reference your June 7, 2022, e-mail and letter requesting an extension of
time to review the subject project for the required individual 401 Water Quality
Certification (WQC). NC DWR is requesting that the review period for the 401
application be extended 90 days from April 22, 2022. Also, as enclosed in your email,
the NC DWR has made an additional request for information to CBYC, LLP by letter
dated June 7, 2022, and is awaiting a response to that request, which contains a 30-day
submittal deadline.
As you are aware, the Corps of Engineers issued Regulatory Guidance Letter (RGL)
No.19-02 titled: Timeframes for Clean Water Act Section 401 Water Quality
Certifications and Clarification of Waiver Responsibility. Within that guidance, it is stated
that the Corps may consider a 401 certification waived if the certifying agency fails or
refuses to act on a request for certification within 60-days after receipt of such a request
unless the District Engineer determines that a shorter or longer period of time is
reasonable for the certifying agency to act. It also states that "any additional time
granted should be the minimum amount of time necessary for the certifying agency to
act on a 401 WQC request and should not default to one year from receipt of such
request' as defined in 33 CFR 325.2 (b)(1)(ii).
We have reviewed your request, including the reasons stated therein for the
extension, and have determined that the request for the CBYC, LLLP is consistent with
the referenced guidance and therefore the Corps agrees to extend the review period to
July 20, 2022.

-2-
If you have any questions regarding this correspondence, please do not hesitate to
contact me by phone at: 910-251-4811 or by email at: mickey.t.sugg(cDusace.army.mil .
Sincerely,
Mickey Sugg Date: 202 0610083616-04'W
Mickey Sugg, Chief
Wilmington Regulatory Field Office
E-mail Copy Furnished:
Mr. Todd Allen Bowers, US Environmental Protection Agency
Mr. Jonathan Howell, NC Division of Coastal Management
Ms. Tara McPherson, NC Division of Coastal Management
Ms. Holley Snider, NC Division of Water Resources

Application Review Checklist
Letter A IZ 1 -
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Designations
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Riparian Notification? Green Card? Signed Form?
Raparian rights
From Property line
Nav/Channel Proximity
FT calculations
ISSUES OF NOTE
Residential Commercial
8ftzor27fe N/A
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Permit Checklist
Major Development Permit#
Excavation/Fill
Applicant
Ad d ress
County
Physical Location including
W aterbody Description
MP Forms MP1 MP2 MP3 MP4 MPS
Dates
Drawings
#Drawings& Dates
D,WR401 Certification # '
Permit Fee
USACE SAW #
Additional Comments On Back

DCM-MHD CITY
Project Narrative CBYC
Carolina Beach Yacht Club and Marina
CBYC is proposing the relocation of its ship's store and concessions to a floating platform anchored
on the north side of the fuel dock. A 96'x 24' floating platform will be driven behind the existing
fuel dock. There will be a concession stand and bar located on a 20' X 20' portion of the platform.
The ships store will be 20' X 20'. This will house the dockhand office and cash register. The
floating platform will be registered with the NC Division of Natural Resources and meet all state
codes and regulations. The floating platform will be permanently moored at the fuel dock using
four spuds to be held in place. There will be safety handrails installed along the entire perimeter of
the platform. The floating platform will contain all necessary fire safety equipment. All wastewater
that the floating platform produces will be held in a holding tank which will be routinely pumped
out using the existing pump out station located on the same dock. A tankwatch 4 monitoring system
will be utilized to prevent overfilling of the tank. Restrooms for patrons of the floating platform
will be available using the current marina public bathrooms. 13 gravel parking spaces along
Georgia avenue and 4 spaces at the current entrance will be added for marina patrons.
CBYC is also requesting an extension of the existing fuel dock to the north of Snows Cut adding to
the 7 existing transient slips. The proposed dock will be 180 feet long and 12 feet wide to match the
existing width of the current fuel dock. This extension is needed to increase the amount of parking
for boats waiting to fuel and add 6 transient spots for vessels using the ships store and concessions
stand. This will make boating safer in the channel to alleviate boats waiting to fuel that are
congesting the waterway.
CBYC is proposing the use of a houseboat, which will be called a floating structure for the
purposes of this application, within the current marina basin located in slips A-1 and A-2 in the
south east corner. The floating structure is registered with North Carolina Wildlife Resources
Commission number NC4189 EJ, hull identification number NCZ49051 G805. The structure
utilizes a tankwatch 4 holding tank monitoring system to prevent overfilling. All wastewater that
the floating structure produces will be stored in a holding tank that will be pumped out and
disposed of using a mobile pump out vessel and the current fixed location pump out system that is
currently in use.
Existing Conditions,
Current site development includes a two story 2,000 sq/ft office and residential unit, 69 slip marina
as well as fuel dock and ship's store. Site tract is approximately 1.3 acres. CBYC is located on
Myrtle Grove Sound along the intra coastal waterway. The stormwater permit has been submitted
as of 10/21/2021.
RECEIVED 100\\ISM
DEC 15 2021 �e 11 J0J�
ODM�4M`NG�oN'NG

DIVISION OF COASTAL MANAGEMENT
FIELD INVESTIGATION REPORT
APPLICANT'S NAME: CBYC, LLC
2. LOCATION OF PROJECT SITE: 401 Marina Street, adjacent to the AIW W and Carolina Beach Yacht Basin,
in Carolina Beach, New Hanover County.
Lat.: 34'03'29.69637" N Long.:-77*53' 17.26569" W
3. INVESTIGATION TYPE: CAMA
4. INVESTIGATIVE PROCEDURE: Dates of Site Visit— 8/25/21, I1/19/21 a�
Was Applicant Present No
5. PROCESSING PROCEDURE: Application Received — 3/26/21
Complete Date— 12/8/21 r�
6. SITE DESCRIPTION: Office — Wilmington
(A) Local Land Use Plan — New Hanover County RECEIVED
Land Classification From LUP — Conservation and Developed
(B) AEC(s) Involved: EW, PTA DEC 15 202t
(C) Water Dependent: Yes
(D) Intended Use: Public
(E) Wastewater Treatment: Existing — Municipal with pump -out DCM-MHD CITY
Planned — Two holding tanks
(I) Type of Structures: Existing — CBYC Marina (including 69 slip marina, 7 transient slips, office,
gas/diesel tanks, pump out, maintenance building, gravel parking, break water wall, bulkhead and docking
system).
Planned — construct new floating structure to serve as location for marina store,
concession stand, and bar, extension of fuel dock (increase in 6 additional transient slips), and installation
of floating structure.
(G) Estimated Annual Rate of Erosion: N/A
Source - N/A
7. HABITAT DESCRIPTION: [AREA]
na Fnr.Fn Urr r r"
vinrn
(A) Vegetated Wetlands
(B) Non -Vegetated Wetlands
3747 sq. ft.
(Open water
shaded
(C) Other (Highground)
3620 sq. ft.
disturbed
(D) Total Area Disturbed: 8065 ft2 (0.18 acres)
(E) Primary Nursery Area: Yes
(F) Water Classification: SC Open: No
8. PROJECT SUMMARY: The applicant proposes to moor a new floating structure to accommodate a marina
store, concessions, and bar, extend the existing fuel dock, and install a floating structure within an existing slip,
within the Carolina Beach Yacht Basin. High ground work is also proposed at the marina to create new gravel
parking spaces along Georgia Avenue.

RECEIVED
CBYC,LLC
Paget DEC 15 2021
9. PROJECT DESCRIPTION: DCM-MHD CITY
The project site is located at 401 Marina Street, adjacent to the Atlantic Intracoastal Waterway and Carolina
Beach Yacht Basin, in Carolina Beach, New Hanover County. The parcel is approximately 0.53 acres in size and
has approximately 800 feet of shoreline. The site averages 6-10 feet above mean sea level. CBYC, LLC (Carolina
Beach Yacht Club) currently operates as a full -service commercial docking facility with 69 slips and 7 transient
slips. Existing man-made features on the tract include: a marina office, gravel parking, an inland boat basin,
access channel, marina docking facility, above ground storage tank (AST) system, a bulkhead, floating structure
in slip # I and #2, a breakwater wall and fueling dock on the waterward side of basin. The tract is developed with
very little vegetation.
State Permit No. 13-81 was originally issued to Spinnaker Pointe during 1981 for the construction of an upland
marina basin, access channel, marina docking facility and upland development for an existing subdivision. The
permit was transferred to Southern National Bank in 1990, and in 1991, the permit was transferred to Coquina
Harbor of Carolina Beach. The last permit transfer and renewal was made in 1994 in the name of Coquina Harbor
at Carolina Beach, Inc. State Permit No. 159-02 was issued on 12/10/02 to Oceans Marina c/o Wes Gerald, d.b.a.
Waterway South, Inc. for the construction of the fueling dock and associated ASTs. In 2005, State Permit No. 52-
05 was issued to Ocean Marina, LLC and Ocean HOA for maintenance dredging due to an oversight, which
ultimately led to the expiration of the previous maintenance permits. State Permit No. 52-05 was last modified in
2008 to include the construction of a gazebo located on the northern end of the marina basin.
Land Management Group, Inc. (LMG), acting agent for Joyner Marina, LLC, submitted an Environmental
Assessment (EA) in January 2010 for proposed dredging adjacent to an existing fueling dock at the existing
commercial marina. During a scoping meeting for the project, the Division of Coastal Management (DCM) initially
determined the proposed project to be a new access channel greater that 5,000 sq. ft. and subject to the N.C. State
Environmental Policy Act (NCSEPA). During the Departmental Review of the EA, comments from the NC Division
of Marine Fisheries (DMF) and the NC Wildlife Resources Commission (WRC) were received addressing the
discrepancy in the location of the PNA boundary line that that was included in the EA document in relation to the
proposed dredging. It was determined by DMF and DCM that the actual coordinates of the PNA boundary was
partially located within the project area.
State Permit No. 143-10 was issued to the new owners, Joyner Marina, LLC, in 2010 for maintenance dredging in
the area surrounding the existing fuel dock. State Permit No. 143-10 was renewed in 2015. State Permit No. 143-
10 was transferred to Shinnville Ridge Partners, LLC in 2018 and then to CBYC, LLC in 2020. State Permit No.
143-10 was renewed in 2020 and set to expire January 21, 2025. Please note: Joyner Marina and Oceana Marina
are now subdivided and are separate marinas.
CBYC, LLC was issued Notice of Violation Case #20-14D on July 17, 2020, for the placement of an unpermitted
floating structure within slips # 1 and #2 of the existing marina. The Notice of Violation stated that to avoid formal
enforcement and civil penalties, the applicant roust submit include this development on the new permit application
for review.
The Town of Carolina Beach Land Use Plan classifies the area in the vicinity of the project area, as Conservation.
The waters in the project area are classified as SB by the N.C. Division of Water Quality. The northern portion of
the project area IS DESIGNATED as a Primary Nursery Area (PNA) by the N.C. Division of Marine Fisheries.
The waters in the vicinity of the boat basin are CLOSED to the harvest of shellfish.
PROPOSED PROJECT:
The applicant proposes to moor a new floating structure to accommodate a marina store, concessions and bar,
extend the existing fuel dock, and install a floating structure within an existing slip, within the Carolina Beach
Yacht Basin. High ground work is also proposed at the marina to create new gravel parking spaces along Georgia
Avenue. The proposed 39' long by 37' wide (1443 sq. ft.) floating habitable, roof covered, and enclosed
structure would be permanently located within slips #1 and #2 inside the existing marina basin. Within the

CBYC,LLC
Page 3
floating structure, the applicant proposes two toilets. The wastewater will be pumped out using a mobile pump out
which would then be connected to the existing marina pump out station. A tankwatch 4 monitoring system would
be utilized to prevent overfilling. The floating structure would be located in slips # 1 and #2 and tied to cleats of
the existing marina floating docks. This structure was the subject of Notice of Violation Case #20-14D which
stated to avoid formal enforcement and civil penalties, the applicant must submit a permit application proposing
to locate the structure within the permitted marina.
The proposed 180' long by 12' wide (2160 sq. ft.) fuel dock extension would extend north from the existing fuel
dock. The extension would create six additional transient slips, four on the eastern side and two on the western
side of the extension. According to the application, the proposed extension would be placed in a location, where
water depths range from —13' to -6' Normal Low Water (NLW), that has historically been dredged. DCM
observed water depths on 11/19/21 that were greater than -5' NLW on all sides of the proposed fuel dock
extension. This area is deemed a Primary Nursery Area by the Division of Marine Fisheries.
The applicant proposes a floating structure to the east of the proposed fuel dock extension to accommodate a
store, concessions, bar, and seating. The proposed 96' long by 24' wide (2304 sq. ft.) structure would be moored
by four spuds on the western side of the proposed fuel dock extension. An approximately 42' long by 21' wide
two-story, roofed, and enclosed building would be located on the southern end of the floating structure. According
to the applicant, the building would be built to town and county standards. The application states that all
wastewater would be held in a holding tank which would be pumped out using the existing pump out station that
is located on the existing fuel dock. A tankwatch 4 monitoring system would be utilized to prevent overfilling.
The application states that the proposed floating structure would not have toilets and the public will use the toilets
in the existing marina public bathrooms. According to the application, the proposed extension would be placed in
a location where water depths range from —6' to 4' Normal Low Water (NLW) that has historically been
dredged. DCM observed water depths on 11/19/21 that ranged from approximately -2.5' on the landward side of
the floating structure to greater than -5' on the waterward side when corrected for the tide. This area is deemed a
Primary Nursery Area by the Division of Marine Fisheries.
Finally, the applicant proposes to construct 17 new gravel parking spaces along Georgia Avenue near the current
marina entrance. One new 13 space parking lot measuring approximately 2,922 sq. ft. and one new 4 space
parking lot measuring approximately 698 sq. ft. would be installed over existing pervious surface for a total of
3,620 sq. ft. of new built upon area (BUA). Approximately 50 sq. ft. of the proposed 4 space parking area falls
within the 75' Estuarine Shoreline Area of Environmental Concern (AEC), the remaining proposed BUA is
located outside the AEC. The applicant states they submitted an application to State Stormwater on 10/21/21.
According to the application materials, the proposed water dependent structures would be located within the
applicant's riparian corridor and would not exceed the'/4 width nor encroach into the USACE setback. The
application states that they are concurrently submitting an application to the town of Carolina Beach for this
development. Please Note: The adjacent riparian property owner to the north, Ocean Marina Association Inc.,
has formally objected to the proposed project. The objections are included with this application.
10_ ANTICIPATED UWPACTS.
As proposed, the floating structures would incorporate an additional 3,747 sq. ft. of public trust area and estuarine
waters. This proposed development would increase the number of vessels accommodated by the facility by adding
an additional six transient slips, for a total of 13 transient slips at the existing 69 slip marina for a total of 82
formalized boat slips. The applicant proposes 3,620 sq. ft. of new impervious gravel parking spaces. Minor increases
in turbidity should be expected during project construction however, turbidity levels should return to normal once
the project is complete.
Submitted by: Bryan Hail Date: 12/13/21 Office: Wilmington RECEIVED
DEC 15 2021
DCM-MHD CITY

OBM NP-1
APPLICATION for
Major Development Permit
(last revised 12127/05)
North Carolina DIVISION OF COASTAL MANAGEMENT
7. Primary Applicant/ Landowner Information
Business Name
Project Name (if applicable)
CBYC, LLC
CBYC Fuel Dock Extension and Houseboat
Applicant 1: First Name
MI
Last Name
Courtney
A
Sloan
Applicant 2: First Name
MI
Last Name
If additional applicants, please aftach an additional pages) with names listed.
Mailing Address
PO Box
City
State
4310 Sharon Rd. Suite T01A
Charlotte
NC
ZIP
Country
Phone No.
FAX No.
28211
USA
704 - 778 -
8994 ext.
_
Street Address (if dif/e ent from above)
City
State
ZIP
401 Marina Street
Carolina Beach
NC
28428-
Email
Chad®sloandevelopment. com
2. Agent/Contracfor Information
Business Name
CBYC
Agent/ Contractor 1: First Name
MI
Last Name
Chad
Cooke
Agene Contractor 2: First Name
MI
Last Name
Dylan
Baker
Mailing Address
PO Box
City
State
401 Marina Street
Carolina Beach
NC
ZIP
Phone No. 1
Phone No. 2
28428
704 - 778 8994 ext.
910 - 458 -5053 exL
FAX No.
Contractor a
N/A
N/A
Street Address (if ditmrx from above)
City
Slate
ZIP
N/A
FmeW--
<Form continues on back> RECEIVED RECEIVED
252-808.2803 :: 1-888�4RCOAST :: www.nccoasealmanagement.net
DCM-MHD CITY DCMWILMINGTON,NC

Form DCM MP-1 (Page 2 of 4)
APPLICATION for
Major Development Permit
oject Location
can be multiple)
Street Address
Stale Rd.nover
L
401 Manna Street
NA
ion Name City
State
Zip
Carolina Beach
NC
28428-
o.
Lot No.(s) (d many, attach additional page with #at)
910 - 458 - 5053 ext.
NA,
a. In which NC river basin is the project bcated?
b. Name of body of water nearest to proposed project
Cape Fear
Snows Cut
c. Is the water body identified in (b) above, nature[ or manmade?
d. Name the closest major water body to the proposed project site.
❑Natural ®Manmade ❑Unknown
AIWW
e. Is proposed work within city limits or planning jurisdiction?
f. If applicable. list the panning jurisdiction m city Xm8 the proposed
Was ❑No
work falls within.
Carolina Beach
4. Site Description
a. Total length of shoreline on the tract (it.)
b. Size of entire tract (sq.fl.)
837.5 FT
.53 Acres (23.086 sq. R)
C. Size of individual lot(s)
d. Approximate elevation of tract above NH W (normal high water) or
NA, I
NWL (normal water level)
(If many lot sizes, please attach additional page with a list)
10, ®NHW or ❑N WL
e. Vegetation on tract
All upland portions of Carolina Beach Yacht Club have been developed and are occupied by vegetation typical
to landscaped areas.
I. Man-made features and uses now on tract
Carolina Beach Yacht Club is an existing full service marina with a dock master building, fuel services, slip rentals, and
concessions.
9. Identify and describe the existing land uses ad went to the proposed project site.
Adjacent land use is currently a mix of residential and commercial with the marina surrounded by residential dwellings and
the commercial manna situated in open water in front of the residences. Carolina Beach operates a water well on the
property directly adjacent to the south of the marina.
h. How does local government zone the tract?
I. Is the proposed project consistent with the applicable zoning?
R-2
(Attach zoning compliance cer ificate, if applicable)
®Yes ONO ❑NA
j. Is the proposed activity part of an urban waterfront redevelopment proposal? Oyes ®No
k. Has a professional archaeological assessment been done for the tract? If yes, attach a copy. Oyes ❑No ®NA
If yes, by whom?
1. Is the proposed project located in a National Registered Historic District or does it involve a ❑Yes ®No ❑NA
National Register listed or eligible property?
<Form continues on next page> RECEIVED
RECEIVED
NOV 09 207.1
252.808.2308 :: 1.888.4RCOAST :i www.nccoDUat n mInt
Detl"W
)L,MINGTON. NC
DCM-MHD CITY

Form DCM MP-1 (Page 3 of 4)
APPLICATION for
Major Development Permit
M. (I) Are there wetlands on the site? ®Yes ❑No
III) Are there coastal wetlands on the site? ®Yes []No
(fill If yes to either (i) or (ii) above, has a delineation been conducted? []Yes ONO
(Attach documentah'on, if available)
n. Describe existing wastewater treatment facilities.
Town of Carolina Beach
o. Describe existing drinking water supply source.
Town of Carolina Beach
P. Describe existing storm water management or treatment systems. -Currently Mere is one storm drain In the parking lot that outfalls
Into manna basin. The remaining storm water is Overland sheet flow.
5. Activities and Impacts
a. Will the project be for commercial, public, or private use? ®Commercial ❑PubliciGuvemment
❑Private/Community
b. Give a brief description of purpose, use, and dairy operations of the project when complete.
The dock extension will allow for larger vessels to flue( up at our location as well as make docking easier when the fuel dock Is busy.
The connected floating platform will be used as a ship store on the fuel dock. It will provide concessions as well as a shelter for dock
hands during business hours. The houseboat floating structure in slips A-1,A-2 will be used as additional office space/Irving
quarters. Additional 17 parking spaces will be utilized by marina patrons.
C. DesQlbs the Proposed construction methodology, types of construction equipment to be used during construction, the number of each type
of equipment and where it is to be stored.
The floatng platform will be placed next to existing floating dock. It will be put in place using its own power and assistance from
another vessel. Once in place it will be anchored on each comer with driven spuds. Hand and power tools will be used to relocate a
portion of the fuel dock to its new location. The new ship store and concessions stand will be built to lawn and
countystandards. All tools and materials will be stored in the upland areas.
d. List all development activities you propose.
Carolina Beach Yacht Club proposes to place a 98'x24' floating platform on the inside face of the existing fuel dock and a dock
extension of 180'xl2'. Please see the attached survey that shows the ship store vessel, existing dock and the proposed dock
extension. An additional 37"x3g houseboat floating structure will be located inside of the manna basin. 13 additional parking
spaces will be added at the current entrance to the manna parking lot and 4 spaces will be added along the drive aisle over
exisfino nervious surface.
e. Are the proposed activities maintenance of an existing project, new work, or boM7 Both
I. What is the approximate total disturbed land area resulting from the proposed project? 3620 ®Sq Ft or [0]Acres
17 parking spaces over exsisting pervious surface. Fuel dock/transient dock is being extended by 180' long 12' wide.
g. Will the proposed project encroach on any public easement, pudic accessway or other area ❑Yes ®No ❑NA
that the public has established use of?
h. Describe location and type of existing and proposed discharges to waters of the state.
No discharges to waters of the state are proposed
i. VVIII wastewater or stonnwater be discharged into a wetland? ❑YOS ONO ❑NA
If yes, will this discharged water be of the same salinity as the receiving wate(i []Yes ❑No ®NA
J. Is there any mitigation proposed? ❑Yes ONO ❑NA
If yes, attach a mitigation proposal.
<Fonn continues on back> RECEIVED Nov 09 "M*el
282-808.2808 :: 1.888.4RCOA8T :: www.nccbttll&2110ment.net
l&2110ment.net
Utl 15 1 zI DCM WILMINGTON, NC
DCM—MHD CITY

Form DCM MP-1 (Page 4 of 4)
APPLICATION for
Major Development Permit
& Additional Information
In addition to Mrs completed application form, (MP-1) the following items below, If applicable, must be submitted in orderlb the applrcahov
package to be complete. Items (a) — (/J are always applicable to any majordemlopment applicalion. Please consult the application
instruction booklet on how to properly prepare the required items below.
a. A project narrative.
b. An accurate, da[etl work plat (inclutling Dlan view and cross -sectional drawings) tlrewn to scale. Please give the present status of the
Proposed project. Is any portion already complete? If previously authorized work, dearly indicate on maps. plats, drawings to distinguish
between work completed and proposed.
c. A ske a lecation map that is sufficiently Oetailetl to guide agenq personnel unfamiliar with the area to the site.
d. A copy of the deed (with state application only) or other instrument under which the applicant claims title to the affected properties.
e. The apgopriate application Ace. Check a money Omer rrlatle payade to DENR.
f. A list of the names and complete addresses of the adjacent waterfront (riparian) landowners and signed return receipts as proof that such
owners have received a copy of the application and plats by certified mail. Such landowners must be advised that they have 30 days in
which to submit comments on the proposed project to the Divisan of Coastal Management.
Name: Town of Gardina Beach Phone No. 91OA58-2999
Address: 1121 N Lake Park Blvd Carolina Beach
Name: oceans Marina Associatlon Inc Phone No. 919.780.3759
Address: 1029 N Lake Park Blvd 01
Carolina Beach NC 28428
Name Phone No.
Address
g. A list of previous state or federal permits issued for work on the project tract. Include permit numbers, permi8ee, and issuing dates.
CAMA Major Permit No. 13-81 CAMA Major Permit No. 52-05
CAMA Major Permit No. 159-02 CAMA Major Permit No. 143-10
h. Signed consultant or agent authorization form, If applicable.
I. Weiland detinea5on, if necessary.
I. A signed AEC hazard notice for projects in oceanfront and inlet areas. (Must be signed by property owner)
k. A statement of comDlianca with the N.C. Environmental Policy Act (N.C.G.S- 113A 1-10), 'rf necessary. If the project involves expenditure
of public funds or use of public lands, attach a statement documenting compliance with the North Carolina Environmental Policy Act
to Enter on
i unaerstano mat any permit issued in response to this application will allow only the development described in the application.
The project will be subject to the conditions and restrictions contained in the permit.
I certify that 1 am authorized to grant, and do in fact grant permission to representatives of state and federal review agencies to
enter on the aforementioned lands in connection with evaluating information related to this permit application and follow-up
monitoring of the project.
I further certify that the information provided in this application is truthful to the best of my knowledge. RECEIVED
Date 10/26/2021 Print Name _Courtney Sloan
Signature DEC 15 2021
Please indicate application attachments pertaining to your proposed project. Dcllii_I�n D CITY
❑DCM MP-2 Excavation and Fill Information ❑DCM MP-5 Bridges and Culverts
❑DCM MP-3 Upland Development
®DCM MP-4 Structures Information
RECEIVED
NOV 0 9 2021
252-808-2808 :: 1.888.4RCOAST r: www,nccoastalmanagement.net
DCM WILMINGTON. NC

Form DCM MP-3
UPLAND DEVELOPMENT
(Construction and/or land disturbing activities)
Attach this form to Joint Application for CAMA Major Permit, Form DCM MP-1. Be sure to complete all other sections of the Joint
Application that relate to this proposed project. Please include all supplemental information.
GENERAL UPLAND DEVELOPMENT
a. Type and number of buildings. facilities. units or stmoures b. Number d lots or parcels.
proposed.
One new 2922 sqe 13 space gravel perking bl abng George avenue near the wrrant 3 existing parcels: R08519-002-028. 1108807-002 010,1R08a19-002-002
illydn2
��e1393epa7 ioffBie34H. 9R 4NU—gp[ j �p0y-Jpprg mr rum _
c. Density (give the number of residential Urals and the units per d. Size of area lobe graded, filled, or disturbed including roads.
acre). ditches, etc.
One 1200 sqn residential und. 73 /rats per acre. 2922sg11 for 13 new Wig spaces abng Geugla A" and Sal stilt for 4
spaces the Inve aiele,
e. If the Proposed project will disturb more than one acre of land, the I. List the materials (such as marl, paver stone. asphalt, or concrele)
Division of Land Resources must receive an erosion and 10 be used for impervious surfaces.
sedimentation control plan at least 30 days belle land-dislurbing
artivim home, Gravel
(i) If applicable, has a sedimentation and erosion control plan been
--Saen,itled" 1 e-eivisoneftanroResamees?
QYac FINp_V�A
(it) Ifyes. list the date submitted:
g. Give the percentage of the tract within the coastal shoreline AEC to
be covered by impervious and/or bull -upon surfaces, such as
pavement, builtling, rooftops, a to be used for vehicular driveways
or parking.
Proposed upland developrnem is not whin coastal Moraine AEC
1. Give the percentage Of the entire tract to be covered by impervious
and/or buill-upon surfaces. such as pavement, building, rooftops,
or to be used for vehicular driveways or parking.
27.784 sqa existing impervious sudacel59,114 sqR total = 47%exislf g impervious coverage
3,e20 eqa proposed additional Impervious wrf" =8%additional impervious coverage
j. Describe proposed method of sewage disposal.
Sewer is already installed on site. no additional sewer wA be requred.
h. Projects mat require a CAMA Major Development Permil may also
require a Stormwater Cedi4calion.
(1) Has a site Development plan been submitted to the Division of
Water Quality for review?
®Yes ONO ONA
(d) If yes, list me date submitted'. 101211 1
Have the facilities described in Item (i) received state Or local
approval?
[]Yes ®trio ❑NA Concurrently applying with town of Camara Beach
If yes, attach appropriate documentation.
1. Describe location and type of proposed discharges to waters of me m. Does the proposed project include an innovative stormwater
state (e.g., surface mnoB, sanitary wastewater, industrial/ design?
commercial effluent. Wash down- and residential discharges). OYes ®NO DNA
Permeable gravel will be used b miliaate andm., ter Mr wt 'a be overland aheef sow If yes, 28arh appropriate documentation.
252-808.28082:: 1-888.4RCOAST :: www.nccoaslalmanasement.net
RECEIVED
DEC 15 2021
�M-MHD CITY
RECW
DEC 1 �jj �2e� ti�ti1 .4G
<nNe
DCM

Form DCM MP-3 (Upland Development, Page 2 of 2)
M. Describe proposed drinking water supply source (e.g., well,
community, public system, etc.)
Wo Wwrwnpwarorhpww
1984
o. When was the lot(s) platted and recorded?
10/26/21
Date
Carolina Beach Yacht Club Fuel Dock Extension_
Project Name
Carolina Beach Yacht Club, LLC
APPI' nt Name
Appk nt Signature
n. (i) Nil water be impounded? OYes ®No ONA
(ii) If yes, how many acres?
P. If proposed development is a subdivision, will additional utilities be
installed for this upland development?
OYes ONO ®NA
RECEIVED
DEC 15 2021
DCM-MHD CITY
RECEIVED
NOV 09 2021
252-808-2808::1.888-4RCOA3T:: www.neeoastalmanapem,,t."t DCM W1ALedl7 tti6 NC

Form DCM M13-4
STRUCTURES
(Construction within Public Trust Areas)
Attach this form to Joint Application for CAMA Major Permit, Form DCM MP-1. Be sure to complete all other sections of the Joint
Application that relate to this proposed project. Please Include all supplemental information.
1. DOCKING FACILITY/MARINA CHARACTERISTICS
07his section not applicable
a. (I) Is the docking facility/manna: b. (i) Will the facility be open to the general public?
®Commercial ❑Public(Govemment ❑Pnvote/Community ®Yes []No
C. (i) Dock(s) and/or pier(s) proposed: Existing: d. (i) Are Finger Piers included? ❑Yes ®No
(ii) Number 1 Number 1
Length: 235' if yes:
(it!) Length 180' Width: 12' (it) Number N/A
(Iv) Width 12' Floating: Yes (III) Length N/A
(v) Floating ®Yes ❑No (iv) Width N/A
(v) Floating ❑Yes ONo
e. (1) Are Platforms Included? []Yes ®No
If yes:
(it) Number 1 1
(III) Length 96__ 37-
(iv) Width 24' 39'
(v) Floating ®Yes ❑No
Note: Roofed areas are calculated from ddpline dimensions.
f. (1) Are BoatIfRa included? []Yes ®No
If yes:
(II) Number NIA
(iii) Length N/A
(iv) Width N/A
g. (1) Number of slips proposed h. Check all the types of services to be provided.
8 additional transient slips 2 fueling zones on existing dock for gas and dies(E] Full service, including travel lift and/or rail, repair or
(if) Number of slips existing maintenance service
68permanent slips ® Dockage, fuel, and marine supplies
T Transient slips ❑ Dockage ("wet slips") only, number of slips:
❑ Dry storage; number of boats: _
❑ Boat ramp(s); number of boat ramps:
❑ Other, please describe:
1. Check the proposed type of siting:
❑ Land cut and access channel
❑Open water; dredging for basin and/or channel
®Open water; no dredging required
❑Other, please describe:
k. Typical boat length: 30
m. (i) Will the facility have tie pilings?
❑Yes 00
(ii) If yes number of tie pilings?
j. Describe the typical boi to to bosomed (e.g., open runabout,
charter boats. loot boats, mixed types).
Mixed Types
RECEIVED
DEC 15 2021
I. (1) Will the facility be open to the general pubDCM-M HD ClW _ -
®Yes ❑No
RECEIVED
NOV 0 9 2021
252-808.2808 :: 1_BatwRCOAST :: www.nccoaortalmenaaement.net DC AI INC

Form DCM MP-4 (structures, Page 2 of 4)
2. DOCKING FACIUMIMAR/NA OPERATIONS ❑This section not applicable
a. Check each of the following sanitary facilities that will be Included In the proposed project,
0 Office Toilets
❑ Toilets for patrons; Number: 2 ; Location: Floating structure
In slip AIrA2. Concessions and bar patrons will use existing bathrooms located at marina
❑ Showers _...�.
® Soatholding tank pumpout; Give type and location: Fixed holding tank pumpout station located on existing fuel dock.
b. Describe treatment type and disposal location for all sanitary wastewater.
Pumpout station disposes into existing city sewer system.
c. Describe the disposal of solid waste, fish offal and trash.
Fish cleaning station already exists on fuel dock.
d. How will overboard discharge of sewage from boats be controlled?
N/A
e. P) Glue the location and number of "No Sewage Discharge" signs proposed.
Already existing
CH) Give the location and number of "Pumpout Available' signs proposed.
Already existing
f. Describe the special design, if applicable, for containing industrial type pollutants, such as paint, sandblasting waste and petroleum products.
N/A
g. Where will residue from vessel maintenance be disposed of?
N/A
h. Give the number of channel markers and 'No Wake' signs proposed. N/A
I. Give the location of fuel -handling facilities, and describe the safety measures planned to protect area water quality.
o a asps-anw.eroawa..a loa,.e.n•m ooewwea.ai--ww ne iwvriw...e.v�.n o.aec. ..eam:in.ww.rioa..0 e. more uw...a w.me„v.o-r+a•
j. What will be the marina policy on overnight and live -aboard dockage?
Marina dockage is non residential and overnight dockage will be available for transient boaters
k. Describe design measures that promote boat basin Aushing? RR
N/A
IVED
15 2021
I. If this project is an expansion of an existing marina, what types of services are currently provided? �d
On the dock being proposed to be extended, we currently offer both gas and diesel fuel as well as wastewater pumpout. REC Er= —M H D CITY
NOV 0 9 2021
252-808.2808 :: 14e8&4RCOA8T :: www.necoastalmanaooment.net DCM WJ C

Form DCM MP-4 (Struetures, Page 3 of 4)
m: Is the marina/docking facility proposed within a primary orsecondary nursery area?
®Yes ONO
n. Is the manna/docking facility proposed within or adjacent to any shellfish harvesting small
Oyes ONO
o. Is the mannaldocking facility proposed within or adjacent to coastal wetands/marsh (CW), submerged aquatic vegetation (SAV), shag bottom
(SB), or other wetlands (WL)? If any boxes are checked, provide the number of square feet affected.
CW SAV OSB
OWL— ions
P. Is the proposed manna/docking facility located within or within dose proximity to any shellfish leases? OYes ENO
If yea, give the name and address of the leaseholder(s), and give the proximity to the lease.
N/A
3. BOATHOUSE (including covered hii ®This section not applicable
a. (i) Is the boathouse sbuclum(s):
OCommercial OPubAdGovernmenl OPrivate/Communily,
(it) Number N/A
(nl) Length WA
(iv) Width NIA
Al Roofed areas am csoulated ham rmpline dimensims.
4. GROIN (e.g., wood, sheeipile, eta Na nkk groi. use MP-2, Exeavahon and Fip.) ®This section not applicable
S. (i) Number WA
(i) Length NIA
(111) Width NIA
& BREAKWATER (e.g., wood, slithe"e, efc.) ®This section not applicable
a. Length WA b. Average distance from NHW, NWL, or wetlands
N/A
e. Maximum distance beyond NHW, NWL orwellands
NIA
6. MOORING PILINGS and BUOYS OThis section no( applicable
a. 13 the structure(3):
OCommercial OPublic/Govemmem Olonvate/Community
c. Distance to be placed beyond shoreline N/A
Noce: This ahou/d be measured both mesh r d v. if,msenl.
e. Aro of the swing NIA
b- Number WA
d. Description of buoy (color, inscription, size, anchor. etc.)
N/A
RECEIVED
252-808-2808 n 1-a88dRC0A8T :: slrww,nlxoaatalmanaaement net
DEC 15 2021
hECrr-1VED
N0V 2 2 2021
DCM VLSWyr 'NC
DCM-MHD CITY

Form DC MP-4 (Structures, Page 4 of 4)
7. GENERAL
a. Proximity of strudure(s) to adjacent riparian property lines
Fuel dock extension is 95 8 from northern n22rian line
_Rouse at is 3 rom ro ern npanan Ine
Nole: For buor'amoonigVhV, use an; of siting including length
or vessel.
C. Width of water body
660ft
e. (i) Will navigational aids be required as a result of the project?
I]yes I17. No [INA
(I) If yes, explan what type and now they will be implemented.
b. Proximity of structure(s) to adjacent docking facilities.
Dock extension is 522' to south household dock, 253' to oceans boa marina
e
Houseboat is 460' to south household dock, 545' to oceaaa boa marina
entrance and 813' to northern household dock along the ICW.
d. Water depth at watemard and of structure at NLW or NWL
-12' ft at fuel dock extension, 3' at houseboat
B. OTHER
❑This section not applicable
a. Give complete description:
CBYC a gvpoana a tapatY aoetleaock ademWh roM aunna ezk n,awe alana IM YaraWaanl waWway a wM as a to#f WWI alaaa,n apllgn for a v%,s :lore rat n�swq
dltlY MpmeMM Ea,NJevwwNaaWep, ppYenp aixdioa WW'aNelabe,eAMMAAAe. CBYC 41AOpovpM wola JitlCI,puYpWh YYpp,tlpm, prysf in,lps
A-1 are M2 N M atalah aaa m,wW M. Bean
102MI
Dab
CBYC Fuel dock extension and houseboat
Pnjed Name
CBYC, LLC
Applicant Name
c4elij,
Applicant Signature
RECEIVED
DEC 15 2021
DCM-MHD CITY
RECEIVED
DCM wlLMlMGTON, NC
252-808.2808 :: 14884RCOAST :: w .necwatatananaeeanan .,ec revlaxi 12,27t0e

ROY COOPER
Governor
ELIZABETH S. BISER
Secrtrory
BRAXTON DAVIS
D(reaor
CBYC, LLC
c/o Chad Cooke
4310 Sharon Rd. Suite TOIA
Charlotte, NC 28428
Dear Mr. Cooke:
NORTH CAROLINA
Environmental Quality
December 13, 2021
The Division of Coastal Management hereby acknowledges receipt of your application, as acting agent
for CBYC, LLC, for State approval for development of the subject property located at 401 Marina Street,
adjacent to the AIWW and Carolina Beach Yacht Basin in Carolina Beach, New Hanover County. It was
received as complete on December 8, 2021 and appears to be adequate for processing at this time. The
projected deadline for making a decision is February 21, 2022. An additional 75-day review period is
provided by law when such time is necessary to complete the review. If you have not been notified of a
final action by the initial deadline stated above, you should consider the review period extended. Under
those circumstances, this letter will serve as your notice of an extended review. However, an additional
letter will be provided on or about the 75th day.
If this agency does not render a permit decision within 70 days from December 8, 2021, you may request
a meeting with the Director of the Division of Coastal Management and permit staff to discuss the status
of your project. Such a meeting will be held within five working days from the receipt of your written
request and shall include the property owner, developer, and project designer/consultant.
NCGS I I3A-119(b) requires that Notice of an application be posted at the location of the proposed
development. Enclosed you will find a "Notice of Permit Filing" postcard which must be posted at the
property of your proposed development. You should post this notice at a conspicuous point along your
property where it can be observed from a public road. Some examples would be: Nailing the notice card
to a telephone pole or tree along the road right-of-way fronting your property; or at a point along the road
right-of-way where a private road would lead one into your property. Failure to post this notice could
result in an incomplete application.
An onsite inspection will be made, and if additional information is required, you will be contacted by the
appropriate State or Federal agency. Please contact me if you have any questions and notify me in writing
if you wish to receive a copy of my field report and/or comments from reviewing agencies.
Sincerely,
Bryan Hal
Field Representative
RECEIVED
cc: Cameron Luck, DCM USACE
Gloria Abbotts, LPO DMF DEC 15 2021
Courtney Sloan, Applicant DWR
DCM-MHD CITY
D_EQ� North CarognaDepartmentofEnvironmental QuaBly I DWbbnofcoastal Management
Wilmington Df oe 1127 Or&W DAte Enacts I WBn�IngbnNorth CamWu 28405
�� /'� 910.7%.7215

NoTI(01$11
CAMA PERMIT
APPLIED FOR
Applicant proposed to moor a new floating
ccvmm
mar
concessions
r,
rn high groundwork to create new grave, --�jjGK%'qwS at 01
M Esain
in Carolina Beach, New Hanover County.
l COMMENTS ACCEPTED THROUGH January 9, 2022
APPLICANT: FOR MORE DETAILS CONTACT
THE LOCAL PERMIT OFFICER BELOW:
CBYC, LLC
c/o Coiatney Sloan �~ IV. of co—a—sl—aVM—an—a—g—e—m—eff-
4310
Sharon Kd., suite T01 A1 ar Ina r. x .
Cherletle, N G 282! 4
Agent; GBYC
m-ing on,
c/o Chad Cooke, Dylan Baker Bryan Rall
[phone]

ROY COOPER
Governor
ELIZABETH S. BISER
Secretary
BRAXTON DAVIS
Dlrertor
December 15, 2021
[e-mail]
2 Pages
Star News
Legal Advertisement Section
Re: Major Public Notice for:
• CBYC,LLC
NORTH CAROLINA
Environmental Quality
Hello: Please publish the attached Notice in the Sunday, December 19, 2021 issue.
The State Office of Budget & Management requires an original Affidavit of Publication prior
to payment for newspaper advertising.
Please send the original affidavit and invoice for payment to Tanya Pietfla at the NC Division
of Coastal Management, 127 Cardinal Drive Extension, Wilmington, NC 28405, 910-796-7226
(CttstoxwNo. 489895).
Thank you for your assistance in this matter. If you should have any questions, please contact
me at our Wilmington office. /e`�
cc: MHC Files
Cameron Luck — MHC
USACE
ytila
upport & Customer Assistance
RECEIVED
DEC 15 2021
DCM_MHD CITY
North Carolina Department of Environmental Quality I Divl5lon of Coastal Management
Wilmington Office 1 127 Cardinal Drive Ertenslon ( Wilmington. North Carolina 28405
910.796.M5

NOTICE OF FILING OF
APPLICATION FOR CAMA MAJOR
DEVELOPMENT PERMIT
The Department of Environmental Quality hereby gives public notice as required by NCGS
113A-119(b) that the following applications were submitted for a development permits in Areas of
Environmental Concern as designated under the CAMA: On December 13, 2021, CBYC, LLC
proposed to moor a new floating structure to accommodate a marine store, bar, an extended fuel
dock & perform high ground work to create new gravel parking spaces at 401 Marina St., adj to
the AIWW and Carolina Beach Yacht Basin in Carolina Beach, New Hanover County. Copies of
these applications can be examined or copied at the office ofBryan 11411 N.C. Dept. of Environmental
Quality, Division of Coastal Management, 127 Cardinal Drive Ext., Wilmington, NC 28405, (910)
796-7423 during normal business hours.
Comments mailed to Braxton C. Davis, Director, Division of Coastal Management, 400
Commerce Avenue, Morehead City, NC 28557-3421, prior to January 9, 2022 will be considered
in making the permit decision. Later comments will be accepted and considered up to the time of
permit decision. Project modification may occur based on review & comment by the public and
state and federal agencies. Notice of the permit decision in these matters will be provided upon
written request.
RECEIVED
DEC 15 2021
DCM-MHD CITY
D_E QJ� North Carolina Department of Environmental Quality I Division of Coastal Management
Wilmington Office 1127 Cardinal Drive Extension I Wilmington, North Carolina 28405
910.7967215

AGENT AUTHORIZATION FOR CAMA PERMIT APPLICATION
Name of Property Owner Requesting Permit: Courtney Sloan
Mailing Address: 4310 Sharon Rd Suite TO1A
Phone Number: 704 778 8994
Email Address: csloanOO10(a)aol.com
I certify that I have authorized Chad Cooke
Agent / Contractor
to act on my behalf, for the purpose of applying for and obtaining all CAMA permits
necessary for the following proposed development: Carolina Beach Yacht Club Fuel
Dock extension and floating structure
at my property located at 401 Marina Street Carolina Beach NC 28428
in New Hanover County.
l furthermore certify that 1 am authorized to grant, and do in fact grant permission to
Division of Coastal Management staff, the Local Permit Officer and their agents to enter
on the aforementioned lands in connection with evaluating information related to this
permit application.
Property Owner Information:
C D1/v
Si atur
Pnnt or Type Name
Tale
r l
Date
This certification is valid through
RECEIVED
DEC 15 20
DCM-MHD CITY
RECEIVED
NOV 09
DCM WILMINGTON. NC

e Complete Items 1, 2, and 3. A.
■ Print your name and address on the reverse X
so that we can retum the card to you.
■ Attach this card to the back of the mallpiece, B'
or on the front if space permits.
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RIPARIAN NOTIFICATION COVER LETTER FOR CAMA
MAJOR PERMIT APPLICATIONS
CBYC,LLC
401 Marina St
Carolina Beach NC 28428
August 11, 2020
Town Of Carolina Beach
313 Georgia Ave
Carolina Beach NC 28428
Dear Town of Carolina Beach:
Certified Mail — Return Receipt Requested
CBYC, LLC is applying for a CAMA Major permit to extend the fuel dock, add a moored
vessel to the fuel dock and use a houseboat in slips A-1 and A-2, located at 401 Marina St, in New
Hanover County, North Carolina. The specifics of the proposed work are in the enclosed
application forms and drawings.
As the adjacent riparian property owner to the aforementioned project, I am required to notify you of the
development in order to give you the opportunity to comment on the project. Please review the attached
permit application and drawings.
Should you have any objections to this proposal, please send your written comments to Patrick
Amico, 127 Cardinal Drive Ext Wilmington, NC 28405 within 30 days of your receipt of this notice. Such
comments will be considered by the Department in reaching a final decision on the application.
No comment within 30 days of your receipt of this notice will be considered as no objection. If you have
any questions on this project, please call me at 910-7967.423, or e-mail me at
[e-mail].
Sincerely,
Dylan Baker
CBYC, LLC RECEIVED RECEIVED
Enclosures 910-458-5053
DEC 15 2021 NOV 0 9 2021
DCM-MHD CITY DCM WILMINGTON, INC

RIPARIAN NOTIFICATION COVER LETTER FOR CAMA
MAJOR PERMIT APPLICATIONS
CBYC, LLC
401 Marina St
Carolina Beach NC 28428
December 11, 2019
Oceana Marina Association Inc
1029 N Lake Park Blvd #1
Carolina Beach NC 28428
Dear Oceana Marina
Association :
Certified Mail - Return Receipt Requested
CBYC, LLC is applying for a CAMA Major permit to extend the fuel dock, add a moored vessel to the fuel
dock and use a houseboat in slips A-1 and A-2, located at 401 Marina St, in New Hanover County, North
Carolina. The specifics Of the proposed work are in the enclosed application forms and drawings.
As the adjacent riparian property owner to the aforementioned project, I am required to notify you of the
development in order to give you the opportunity to comment on the project. Please review the attached
permit application and drawings.
Should you have any objections to this proposal, please send your written comments to Patrick Amico,127
Cardinal Drive 6d Wilmington, NC 28405 within 30 days of your receipt of this notice. Such comments will
be considered by the Department in reaching a final decision on the application. No comment within 30
days of your receipt of this notice will be considered as no objection. If you have any questions on this
project, please call me at 910-7967-423, or e-mail me at [e-mail].
Sincerely,
RECEIVED
Dylan Baker
Enclosures CBYC, LLC DEC 15 2021 RECEIVED
910-458-5053
DCM-MHD CITY NOV 05 2021
DCM WILMINGTON, NC

ADJACENT RIPARIAN PROPERTY OWNER STATEMENT
I hereby certify that I own property adjacent to CBYC, LLC
property located at 401 Manna St
on snows cut
(Waterbody)
(Address, Lot, Block,
_, In Carolina Beach
of Property Owner)
etc.)
(City/Town and/or County)
N.C.
The applicant has described to me, as shown below, the development proposed at the above
location.
I have no objection to this proposal.
I have objections to this proposal.
DESCRIPTION AND/OR DRAWING OF PROPOSED DEVELOPMENT
CBYC is proposing the relocation of its ship's store and concessions down to a vessel anchored on the north side of the fuel dock. A
96'x 24' floating vessel will be driven behind the existing fuel dock. There will be a ship's store and concessions stand and bar located
on the vessel. The ship's store will house the dockhand office, vending, and cash register.
The barge vessel will be registered with the NC Division of Natural Resources and meet all state codes and regulations. The vessel will
be permanently moored at the fuel dock using four spuds to be held in place. There will be safety handrails installed along the entire
perimeter of the vessel. The vessel will contain all necessary fire safety equipment. All wastewater that the barge produces will be held
in a holding tank which will be routinely pumped out using the existing pump out station located on the same dock. Restrooms for
patrons of the barge will be available using the curem marina public bathrooms.
We are also requesting an extension of the existing fuel dock to the north of Snows Cut. The proposed dock will be 180 feet long and
12 feet wide to match the existing width of the current fuel dock. This extension is needed to increase the amount of parking for boats
waiting to fuel. This will make boating safer in the channel to alleviate boats waiting to fuel that are congesting the waterway.
CBYC is proposing the use of a floating houseboat structure within the current marina basin located in slips A-1 and A-2 in the south
east comer. The vessel is registered with North Carolina Wildlife Resources Commission number NC-4189 EJ, hull identification
number NCZ49051G805. All wastewater that the vessel produces will be stored in a holding tank that will be pumped out and
disposed of using a mobile pump out vessel and the current fixed location pump out system that is currently in use.
WAIVER SECTION
I understand that a pier, dock, mooring pilings, boat ramp, breakwater, boathouse, lift, or groin
must be set back a minimum distance of 15' from my area of riparian access unless waived by
me. (If you wish to waive the setback, you must initial the appropriate blank below.)
I do wish to waive the 15' setback requirement.
I do not wish to waive the 15' setback requirement.
(Property Owner Info ation)
Signature
CBYC. LLC
Print or Type Name
401 Manna St
Mailing Address
Carolina Beach NC 28428
CitylStatelZip
9104585053
Telephone Numberl small address
202021
Date
`Valid for one calendar year after signature`
(Adjacent Property Owner Information)
Signature
Print or Type Name
Mailing Address
Crtylstateop
Telephone Numberl email address RECEIVED
Date
RECEIVED (ReviaedAug. jgi 09 2021
DEC 15 2021
DCM WILMINGTON, NC
DCM-MHD CITY

ADJACENT RIPARIAN PROPERTY OWNER STATEMENT
I hereby certify that I own property adjacent to CBYC. LLC
(Name of Property Owner)
property located at 401 Marina St
(Address, Lot, Block, Road, etc.)
on Snows Cut In Carolina Beach , N.C.
(Waterbody) (Cityrrown and/or County)
I
The applicant has described to me, as shown below, the development proposed at the above
location.
I have no objection to this proposal.
�c I have objections to this proposal.
DESCRIPTION AND/OR DRAWING OF PROPOSED DEVELOPMENT
CBYC is proposing the relocation of its ship's store and concessions down to a vessel anchored on the north side of the fuel dock. A
96'x 24' floating vessel will be driven behind the existing fuel dock. There will be a ship's store and concessions stand and bar located
on the vessel. The ship's store will house the dockhand office, vending, and cash register.
The barge vessel will be registered with the NC Division of Natural Resources and meet all state codes and regulations. The vessel will
be permanently moored at the fuel dock using four spuds to be held in place. There will be safety handrails installed along the entire
perimeter of the vessel. The vessel will contain all necessary fire safety equipment. All wastewater that the barge produces will be held
in a holding lank which will be routinely pumped out using the existing pump out station located on the same dock. Restrooms for
patrons of the barge will be available using the current marina public bathrooms.
We are also requesting an extension of the existing fuel dock to the north of Snows Cut. fire proposed dock will be 180 feet long and
12 feet wife to match the existing width of the current fuel dock. This extension is needed to increase the amount of parking for boats
waiting to fuel. This will make boating safer in the channel to alleviate boats waiting to fuel that are congesting the waterway.
CBYC is proposing the use of a floating houseboat structure within the current marina basin located In slips A-1 and A-2 in the south
east comer. The vessel is registered with North Carolina Vwtdlife Resources Commission number NC4189 EJ, hull identification
number NCZ49051 G805. All wastewater that the vessel produces will be stored in a holding tank that will be pumped out and
disposed of using a mobile pump out vessel and the current fixed location pump out system that is currently in use.
WAIVER SECTION
I understand that a pier, dock, mooring pilings, boat ramp, breakwater, boathouse, lift, or groin
must be set back a minimum distance of 15' from my area of riparian access unless waived by
me. (If you wish to waive the setback, you must initial the appropriate blank below.)
I do wish to waive the 15' setback requirement.
X— I do not wish to waive the 15' setback requirement.
(Property Owner Information)
Signature
Print or Type Name
401 Marina St
Mailing Address
Carolina Beach NC 28428
City/state2ip
9104585053
Telephone Number/email address
a9rza21
'Valid for one calendar year after signature'
(Adjacent Prope Owner Information)
l.(41-1
Signature*�,1 (�
0<CAf1N t-r A,-InA ASSJCv4�r0✓1 Tnc
Print or Ty
e Name
19 o R 1cgAWaaA Rd - Sale 321
OI'il'T fur✓Nl yahoo r (oM
Telephone Number/email addres
704-97.z-2b(o(.+ b . zl RECEIVED
Date'
(Revised Aug.20FNC 15 Z021
DCM-MHD CITY

Hook 6235 Page 2175
SK: Re 6235
NIIINN IINNINNIINIININIII
PG: 2175-2180
RECORDED
2019024328 NCFEEV6W -
0"2-2019
NEW HANOVER COUNTY, NC
03:18*45 PM
TAMMY THEUSCH BEASLEY
BY: STEPHANIE PEREZ REGISTER OF DEEDS
DEPIRY
NORTH CAROLINA GENERAL WARRANTY
The property convey is not the primary residence of the Grantor.
Prepared by and Return To: Ned M. Barnes, Attorney at Law
A-3 Pleasure Island Plaza
Carolina Beach, NC 28428
Excise Tax:.00
Parcel Identifier: RO-8519-002-002-000; R08519-002-028-000
and R08807-002-010-000
Brief description for the Index
Former Joyner Marina Tract
THIS DEED made this day of July, 2019, by and between
GRANTOR
SHINNVILLE RIDGE
PARTNERS, LLC, a North
Carolina Limited Liability
Company
22555 John Gamble Road
Cornelius NC 28031
GRANTEE
CBYC, LLC, a North Carolina
Limited Liability Company
2601 Carmel Road
Charlotte, NC 28226
The designation Grantor and Grantee as used herein shall include said parties, their
heirs, successors, and assigns, and shall include singular, plural, masculine, feminine or
neuter as required by context.
RECEIVED
DEC 15 2021 RECEIVED
DCM-MHD CITY NOV 0 9 2021
DCM WILMINGTON

Book 6235 Page 2176
WITNESSETH, that the Grantor, for a valuable consideration paid by the Grantee, the
receipt of which is hereby acknowledged, has and by these presents does grant, bargain,
sell and convey unto the Grantee in fee simple, all that certain lot or parcel of land
situated in New Hanover County, North Carolina and more particularly described as
follows:
SEE EXHIBIT "A" ATTACHED HERETO AND INCORPORATED.
The property hereinabove described was acquired by Grantor by instrument recorded in
Book 6131 at Page 180.
A map showing the above described property is recorded in Map Book _at Page —
TO HAVE AND TO HOLD the aforesaid lots or parcels of land and all privileges and
appurtenances thereto belonging to the Grantee in fee simple.
And the Grantor covenants with the Grantee, that Grantor is seized of the premises in fee
simple, has the right to convey the same in fee simple, that title is marketable and free
and clear of all encumbrances, and that Grantor will warrant and defend the title against
the lawful claims of all persons whomsoever except for the exceptions hereinafter stated.
Title to the property hereinabove described is subject to the following exceptions
1. Rights of way and easements of record, if any.
2. Zoning and/or subdivision ordinances and regulations, if any.
3. Restrictive covenants of record, if any.
4. Ad valorem taxes for 2019 and subsequent years.
RECEIVED
DEC 15 2021
DCM-MHD CITY
RECEIVED
NOV 0 9 2021
_. ___------- _ _,_ DrM WILMINGTON. NC

Book 6235 Page 2177
IN WITNESS WHEREOF, the Grantor has hereunto set his hand and seal, or if
corporate, has caused this instrument to be signed in its corporate name by its duly
authorized officers and its seal to be hereunto affixed by authority of its Board of
Directors, the day and year first above written.
SHINNVILLE RIDGE
PARTNERS, LLC
By:
COURTNEY SL N
Member/Manage
STATE OF NORTH C/ i l INA
COUNTY OF 'rrt cl t
I, the undersigned Notary Public for the State and County aforesaid, certify that
COURTNEY SLOAN, being personally known to me, personally came before me this day
and acknowledged he is a Member/Manager of SHINNVILLE RIDGE PARTNERS, LLC, a
North Carolina limited liability company, and acknowledged, on behalf of SHINNVILLE
RIDGE PARTNERS, LLC, the due and voluntary execution of the foregoing instrument for
the purpose stated therein.
WITNESS my hand and notarial stamp or seal, this I S� day of August, 2019.
My commission expires:
r7-2 O
Notary Public
*WAR$
Af/ll1G �.
-RECEIVED
RECEIVED
DEC 15 2021 NOV 09 7'
DCM-MHD CITY
DGM WILMINGTON iv"

Book 6235 Page 2178
EXHIBIT "A"
TRACT ONE (MARINA TRACT):
BEGINNING at a point marking the northwestern comer of a tract marked "Oceana Limited
Partnership" on a plat entitled "Map of Revision of Oceana, Section 2" recorded in Map Book
35, Page 180, in the New Hanover County Registry, said beginning point being located the
following courses and distances from the northwest comer of Lot 1, Block 208, Northern Section
of Carolina Beach, as shown on a map recorded in Map Book 3, Page 67, in the New Hanover
County Registry; North 09' 04' West in the Eastern right-of-way line of Georgia Avenue 300.0
feet to a point, South 80' 56' West 170.0 feet to a point, and North 09' 04' West 42.14 feet to
said beginning point; running thence from said beginning point North 09' 04' West 157.96 feet
to a point; running thence South 80' 56' West 200.0 feet to a point; running thence South 09' 04'
East 120.0 feet to a point; running thence along the high water line South 22' 56' 19" West 94.34
feet to a point; running thence South 800 56' West 47.92 feet to a point in the Southern line of the
Intracoastal Waterway; running thence with the Southern right-of-way line of the Intracoastal
Waterway South 72' 56' 38" West 239.01 feet to a point in the center of the Intracoastal
Waterway; running thence with the center of the Intracoastal Waterway, North 17' 54' 30" East
1053.7 feet to a point marking the southwest comer of Tract "A" as shown on a plat entitled
"Map of Revisions of Oceana Marina, Phase 2" recorded in Map Book 35, Page 179, in the New
Hanover County Registry; running thence with the southwestern line of said Tract "A" South 58'
38' 12" East 335.35 feet to a point, another comer of Tract "A"; running thence with another line
of Tract "A" South 29' 18' 52" West 106.91 feet to a point, another corner of Tract "A'; running
thence with the southern line of Tract "A" South 71' 31' 09" East 195.01 feet to the southeastern
comer of Tract "A" in the western line of Lot 38, Section 2, Oceans; running thence along the
western lines of Lots 38, 37, 36, 35, 34 and 33 and a tract shown as "Oceans Limited
Partnership" on the map entitled "Map of Revision of Oceans, Section 2" recorded in Map Book
35, Page 180, in the New Hanover County Registry, South 17' 54' 30" West 518.84 feet to a
point marking a corner of said tract shown as "Ocean Limited Partnership'; running thence with
a line of said tract South 72' 54' 30" West 70.49 feet to the point of beginning.
Together with all boat slips, floating docks, bulkheads, walkways, gangways and other
improvements located thereon.
Together with and subject to all easements and rights -of -way affecting said tract as shown on
those plats recorded in Map Book 35, Pages 179 and 180, in the New Hanover County Registry,
and specifically including non-exclusive easements over the following areas as shown on said
maps:
(1) 10 foot utility easement along the western lines of Lots 33 through 42, inclusive, of
Section 2, Oceans;
(2) 10 foot utility and marina access easement along the dividing line between Lots 34 and
35, Section 2, Oceans; and
(3) 10 foot utility easement along the dividing line between Lots 38 and 39, Section 2,
Oceana. '
NOTWITHSTANDING THE FOREGOING DESCRIPTION OF THE PROPERTY, THIS
DEED DOES NOT PURPORT TO CONVEY LANDS BENEATH THE MEAN HIGH
WATER MARK.
RECEIVED
RECEIVED
NOV 09 2021
DEC 15 2021
DCM WILMINGTON, NC
DCM-MHD CITY

Book 6235 Page 2179
TRACT TWO (TRACT ADJACENT TO LOT 33, SECTION 2, OCEANA):
BEING all of that tract marked "Oceans Limited Partnership", and located to the south of and
adjacent to Lot 33, Section 2, Oceana, as shown on a plat entitled "Map of Revision of Oceans,
Section 2" recorded in Map Book 35, Page 180, in the New Hanover County Registry, reference
to which is hereby made for a more complete description.
Saving and excepting therefrom that certain tract conveyed to Wilbur C. Johnson and wife,
Yvonne V. Johnson, by Deed dated May 7, 1997, and recorded May 22, 1997, in Book 2185,
Page 0357, in the New. Hanover County Registry, more particularly described as follows:
BEGINNING at a concrete monument in the western right of way of Marina Street (30' Private
Right of Way), said point being the southeastern comer of Lot 33, Section 2, Oceana as shown
on Map Book 35, Page 14 in the New Hanover County Registry, located North 710 34' 00" West
15.00 feet from a point in the centerline of Marina Street and North 18* 2600" East 109.97 feet
from a railroad spike in said centerline of Marina Street in the southern most boundary of
Oceana, Section 2; thence from the point of beginning along the western right of way line of
Marina Street South 18' 26' 00" West 22.65 feet to a point; thence along a curve to the right
North 83' 26' 58" West a chord distance 23.67 feet (R=40') to a point; thence leaving said curve
and running North 640 44' 09" West 10.31 feet to a point; thence along a curve to the left North
64° 13' 30" West a chord distance of 38.95 feet (R=100]I to a point in the western most boundary
line of Oceans, Section 2; thence North 170 54' 30" East 20.66 feet to a point, said point being
the southwestern comer of Lot 33; thence along and with the southern most lot line of Lot 33
South 72' 05' 30" East 72.22 feet to the point of beginning; containing 0.04 acres, more or less.
Being a portion of that tract marked "Oceana Limited Partnership", and located to the south of
and adjacent to Lot 33, Section 2, Oceans, as shown on a plat entitled "Map of Revision of
Oceana, Section 2" recorded in Map Book 35, Page 180, in the New Hanover County Registry.
TRACT THREE (PARKING AND LANDSCAPING AREAS):
All of those areas shown and designated as "Reserved for Parking & Landscaping" on a plat
entitled "Map of Revision of Oceana, Section 2" recorded in Map Book 35, Page 180, in the New
Hanover County Registry, and more specifically identified as those areas comprising 0.108 acre
and 0.279 acre on plat entitled "Map of Oceans Parking & Landscaping Areas", recorded in Map
Book 48, Page 359, in the New Hanover County Registry, reference to which is hereby made for
a more complete description.
TRACT FOUR ("MARINA EAST" - PRIVATE STREET):
All of that certain private street shown as "Marina East (Private) 28' Right of Way" on that
certain plat entitled "Map of Revision of Oceans, Section 2" recorded in Map Book 35, Page
180, in the New Hanover County Registry, and shown as "Marina East 28' R/W" on plat entitled
"Map of Oceana Parking & Landscaping Areas", recorded in Map Book 48, Page 359, in the
New Hanover County Registry, reference to which is hereby made for a more complete
description.
LESS AND EXCEPT that certain parcel known as Condo Unit C-1 as conveyed by Deed
recorded in Book 5433, Page 2707, New Hanover County Registry.
RECEIVED
RECEIVED NOV 0 9 2021
DEC 15 2021 DCM WILMINGTON, NC
DCM-MHD GiT-%

Book 6235 Page 2180
TAMMYTHEUSCH New Hanover County
BEASLEY ° n
Register of Deeds Register of Deeds
s
y 2
320 CHESTNUT ST SUITE 102 a WILMINGTON, NORTH CAROLINA 28401
Telephone [phone] > Fax [phone]
0
L9Stl'e'�
•a+++++++++>aataaa+aaaaaaa>aaaaaaaaaa+aaraaaaa.++aasaaaaaa>aa>a.taeeaaaaaa+aaaaa.aaaa++a+aaaaaa..aaaasaaa+aa
State of North Carolina, County of NEW HANOVER
Filed For Registration: 08/02/2019 03:18:45 PM
Book: RB 6235 Page: 2175-2180
6 PGS $26.00
Real Property $26.00
Recorder: STEPHANIE PEREZ RECEIVED
Document No: 2019024328
DEC 15 2021
DCM-MHD CpTY
aaaaaaaaaaaa+aaaaaa>aaaaa+aa+raaaaaa++taaaaaa+aa+a+aaaa++aaaiaaa+++a>aaaa•++++>aa++aaaaaaaaa++++a++>+..+++++
DO NOT REMOVE!
This certification sheet is a vital part of your recorded doa nt. Please retain with original document and submit
when re-recording.
RECEIVED
NOV 0 9 7p21
WILMINGTON, NC

ROY COOPER
Governor
ELIZABETH S. BISER
Secretary
BRAXTON DAVIS
Director
December 15, 2021
MEMORANDUM:
NORTH CAROLINA
Environmental Quality
FROM: Cameron Luck, Assistant Major Permits Coordinator
NCDEQ - Division of Coastal Management
400 Commerce Avenue, Morehead City, NC 28557
Fax: [phone] (Courier 11-12-09)
cameron.luck(a)NCDENR.gov
SUBJECT: CAMA
Applicant: CBYC, LLC
Project Location: 401 Marina St., adj. to the AIWW and Carolina Beach Yacht Basin, Carolina
Beach in New Hanover County.
Proposed Project: The applicant proposes to moor a new floating structure to accommodate a
marina store, concessions and bar, extend the existing fuel dock, and install a
floating structure within an existing slip. High ground work is also proposed at the
marina to create new gravel parking spaces along Georgia Avenue.
Please indicate below your agency's position or viewpoint on the proposed project and
return this form to Cameron Luck at the address above by January 9, 2022 If you have any
questions regarding the proposed project, contact Bryan Hall at [phone] when appropriate, in-
depth comments with supporting data is requested.
REPLY: This agency has no objection to the project as proposed.
"Additional comments may be attached"
This agency has no comment on the proposed project.
PRINT
AGENCY
SIGNATURE
This agency approves of the project only if the recommended changes
are incorporated. See attached.
This agency objects to the project for reasons described in the attached
comments.
DATE
RECEIVED
North Carolina Department of Environmental Quality I Division of Coastal Management
Wilmington Office 1127 Cardinal Drive Extension I Wilmington, North Caroll['a 28405 ITT
910.796.721

r
Oceana Marina Assoc. Inc.
1908 Eastwood RD. suite #321
Wilmington, NC, 28403
June 8, 2021
Bryan Hall
127 Cardinal Drive Ext.
Wilmington NC, 28405
Dear Bryan,
This is our response to the resubmitted application by CBYC, Ilc.
Please add this to previous response dated 4/19/21.
This project is a danger to public safety. CBYC is applying for a fuel
dock extension and house boat. In the application they fail to inform
you that this is also a Bar/Grill and large sitting area for patrons.
Everyone that frequents this barge is in grave danger if ty@jjfEi�fire
RECEIVEr*
DEC 15 2021 DCM WILMINGTON, NC
DCM-MHD CITY

Z
on the fuel dock. There is no egress, no way to escape, nowhere to
go. This new application is different in two ways. One is that they are
not adding a diesel dispenser to the fuel dock extension according to
their drawings but in form DCM MP-4 ,2.i. it states one diesel pump
will be moved to the proposed dock extension. Two is that the barge
has been shifted and is attached to the fuel dock extension. It still
remains a fact that this is an extension of the fuel dock and we are
requesting that CAMA rule it as such and follow your existing permit
159-02 that does not allow for any vessel or platform to be
permanently moored to this fuel dock extension if it is approved.
Only essential ship stores are allowed on a fuel dock. CBYC also
states that the barge will be permanently moored using four spuds
to hold it in place. These spuds are considered tie pilings and should
not be allowed. CBYC also states they will use a mobile pump out
vessel to pump out the house boat. Can you verify that they actually
have a working pump out vessel on site and in use. In the application
(I)CM MP-1) 5.b. and d. they are misleading by stating the
connected floating platform will be used as a ship store on the fuel
dock. On form DCM MP-4 1. h. it says to list ALL services to be
provided but they again fail to list Bar/Grill outdoor seating area.
How convenient to leave these services out. Is it because they are
aware now that only ship stores are allowed at a fuel dock?
Another issue we are having is that this barge has not been
inspected as it is being built. We have not found any agency or
municipality that will say it is their responsibility to inspect
construction, wiring or plumbing on this barge. Since a CAMA permit
must be issued what can your Agency do to proactively get an
answer for this dilemma?
Olin Furr :l�l� � RECEIVED
(5� RECEIVED JUN 14 2021
DEC 15 2021 DCM WILMINGTON, NC
DCM-MHD CITY

a
Subject RE: Second cama response
From [e-mail]
<[e-mail]>
To: 'olin fury' <[e-mail]>
Date Yesterday at 11:41 PM
Bryan Hall
As a practicing Licensed Professional Engineer for
27 years I have never seen such a disregard for
public safety. As Mr. Furr stated who is inspecting
the construction of the bar/restaurant/ship store.
This is not being constructed in a manufacturing
facility but on the Cape Fear River. Did a Licensed
Professional Engineer design this structure? Who
has inspected the floating structure to make sure it
meets all codes?
Secondly you can extend the pier a 1000 feet and it
does not matter because there is no means of
egress. The international Building Code requires
two means of egress and this design does not even
have one if there is a fuel fire.
If this structure has not been designed by a
licensed engineer or inspected there could be a
number of concerns: Uneven weight distribution
causing it to capsize (Two Story Structure),
improper welds or steel members to support the live
loads, improper egress openings, and electrical
wiring issues causing a fire.
A permit should not be issued without addressing
these public safety concerns.
James Sanderford, PE
910-264-7811
View more
RECEIVED RECEIVED
AN 14 202'
DEC 15 2021
DCM-MHD CITY
DCM WILMINGTON, NC

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DEC 15 2021
DCM-MHD CITY

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Oceana Marina Assoc. Inc.
1908 Eastwood Rd., suite #321
Wilmington, N.C. 28403
April 19, 2021
Patrick Amico
127 Cardinal Drive Ext
Wilmington, N.C. 28405
Dear Patrick,
Oceana Marina Assoc. received a Riparian notification letter dated March 25, 2021 from CBYC, LLC.
We have many concerns and believe this permit should not be granted due to the violations listed
below. Please contact us if you have any questions about our data or exhibits,
On form DCM MP-1
4. Site Description
b. Only one tract is listed and there are three tracts. R08519-002-028-000 Marina property at
water(.53 acres) , R08807-002-010-000 Marina entrance(.22 acres) , R08519-002-002-000 marina
parking lot in Oceana(.6 acres). Total sq. ft. (59,071) SEE EXHIBITS A, 8 & C
e. Vegetation on tract
There is very little pervious land on these tracts and very little vegetation. R08519-002-028-000 is on
a separate storm water designation and it falls under the provisions of CAMA Permit 13-81. R08807-
002-010-000 and R08519-002-002-000 are on the Oceana Phase two storm water permit (SW8
941115). This existing storm water permit has calculations of 41.6% impervious area. The proposed
improvements will increase this to approximately 46.1 %. This storm water permit already exceeds
it's impervious limit by .12 acres before any additional development.
RECEIVED
DEC 15 2021
DCM-MHD CITY

h. How does local Government zone the tract?
R08519-002-028-000 is zoned MB-1
R08807-002-010-000 is zoned MB-1
R08519-002-002-000 is zoned R-113
p. Describe existing storm water management or treatment systems.
Applicant says there is no upland activity which is false. This project must use three parcels to make
it work. Parcel R08519-002-028-000 is permitted under CAMA Permit 13-91 and it is in a coastal
shoreline AEC. It specifically states that "impervious surfaces must not exceed 30% of the estuarine
shoreline AEC (i.e., the area 75' landward of the mean high water contour) ". This parcel is already
over approximately 50% impervious and their addition of 2 handicapped parking spaces made of
cement will increase impervious another 360 square feet. Parcel R08807-002-010-000 has an
addition of 17 new parking spaces. 13 spaces are on Georgia Ave. and 4 are on the left as you come
in the entrance. I believe this parcel also falls under the coastal shoreline AEC since it is within the 75
feet of mean high water mark. Exhibit A & B shows that there are no parking spaces there now. On
Parcel R08519-002-002-000 they have proposed to extend 17 existing parking spaces. These 2 parcels
are on permit #SW8 941115 from Oceana phase 2 which already exceeds it's impervious limit and
therefore some sort of storm water retention would be required.
5. Activities and Impacts
d. List all development activities proposed.
CBYC wants to add a 96'x24' permanently moored barge with ship store, bar and grill with large
outdoor sitting area to the fuel dock, and extend the existing fuel dock by 180'x 12' for a combined
length of 414'x12'.
The CAMA permit for this fuel dock is 159-02 and specifically states under additional conditions "No
permanent mooring of vessels is authorized on the permitted docking/fueling facility." The entire
dock is considered and designated as a fuel dock. This permanently moored barge is not allowed
under permit 159-02 and according to North Carolina Fire Code 2310.3.1 says" Marine fueling
facilities are to be used exclusively for dispensing petroleum products except transfer of essential
ship stores is allowed." So no matter what you call the Barge, boat, vessel, craft or platform, this
means no bars or grills are allowed on a fuel dock because only essential ship stores are allowed.
Fire Code 2310.5.4 says "Vessels or craft shall not be made fast to fuel docks dispensing motor fuel."
Serving food, alcohol and having a large outdoor seating area for patrons that are within 10' of gas
and diesel pumps is not wise or safe. North Carolina Fire Code 2203.1 #4 Location of dispensing
devices states "Such that the nozzle, when fully extended, will not reach within 5' of building
openings." CBYC drawing SP2.1 shows an open deck area that is part of the building. It only has a
handrail to separate Patrons from being right beside boats being fueled. There are very strong
currents here and there is no place to escape if there is a fire. This sitting area is part of the building
opening. 37% of all fatalities from fires occur because of poor or no egress or escape avenues for
people. Also in permit 159-02 there is a Note: "This permittee is cautioned that this permit does not
authorize the placement of tie piles in association with the docking/fueling facility. On DCM MP-4
(m), it says they are installing 6 tie pilings. This fuel dock was originally denied by Corps of Engineers
due to it's location in a sharp curve of the ICW where frequent dredging is required and is located at
DEC 15 CU29
DCNd-MHD CITY

the junction of three heavily traveled channels and would constitute an undue hazard to safe
navigation on March 4, 1992. Permit 159-02 was issued on December 10 2002. Extending this fuel
dock to 414 feet long really seems to be pushing safety. This is an extremely busy intersection with
very swift currents that are dangerous. Boat traffic creates a lot of wave action out there and
increases the chance of accidents.
f. What is the total disturbed land area resulting from the proposed project?
The answer they put is zero. This is incorrect. They are adding 380 sq. ft. for two cemented
handicapped parking spaces on R08519-002-028-000. They are adding 2106 sq. ft. for 13 parking
spaces along Georgia Ave. (not sure where they got 1975 sq. ft.), and adding 684 sq. ft. for 4 parking
spaces at the entrance area . They skipped informing you about expanding 17 parking spaces in the
parking lot that is inside Oceana which is aprox. 680 sq. ft. These last three additions are under
Storm Water Permit SW8 941115 and it is already over its limit. It looks like they are adding 3470
sq.ft to a permit that is already exceeds the maximum impervious area.
FORM DCM MP-3
Upland Development
a. Type and number of buildings, facilities, units or structures proposed.
CBYC says 1975 sq ft parking lot along Georgia Ave.
Based on their drawings there are 13 additional parking spaces on Georgia. (2106 sq. ft.), there are 4
parking spaces being added to the left of the entrance (648 sq. ft.), they are adding 2 handicap
parking spaces in cement (360 sq. ft) and they are extending 17 parking spaces in the parking area
inside Oceana (612 sq. ft.) These additions add 3726 additional sq. ft. of impervious.
d. Size of area to be graded, filled, or disturbed including roads, ditches, etc.
CBYC says 1975 sq. ft. which is not correct. The actual area disturbed is 3726 sq. ft.
g. Give the percentage of the tract within the coastal shoreline AEC to be covered by impervious and
or built upon surfaces, such as pavement, building, rooftops, or to be used for vehicular driveways or
parking.
CBYC says proposed upland development is not within coastal shoreline AEC. This is not correct.
Parcel R08519-002-028-000 and R08807-002-010-000 are both in the shoreline AEC. CAMA permit 13-
81 applies to both parcels. They are both in the 75 foot zone. This permit says impervious surfaces
must not exceed 30 % of the estuarine shoreline AEC. Both parcels have impervious additions and
will be over 50 % impervious which violates the permit.
h. Project Requires a storm water certificate.
Please discuss with Water Quality Div. They should be aware of the issues with Storm Water Permit
SW8 941115 and how parcel R08519-002-028-000 already exceeds impervious allowed. This is why
local government should follow the rules. On parcels R08807-002-010-000 & R08519-002-002-000
Carolina Beach was supposed to make the developer submit a new subdivision plan when he sold
these 2 parcels out of the Oceana Phase 2 development to his son. These 2 parcels that have nothing
to do with the Oceana development and are only 18.5% of total sq. footage of Oceana Phase 2. If
UEC 15 2021
DCM-MHD CITY

CBYC is allowed to have any pervious area from this permit it should only be 18.5% of what is
available (if there is any ) so it will not wipe out any future needs of Oceana Subdivision.
L Give the percentage of the entire tract to be covered by impervious surfaces.
CBYC says they are currently at 47% impervious and with the parking addition it puts them at 50%.
Exhibit D shows Oceana Phase 2, Exhibit E shows the tax map of the 17 lots, the marina parking lot
and the entrance to the marina that makes up the area under this permit SW8 941115. Exhibit F
shows additional impervious not permitted on Storm Water Permit SW8 941215 in red and purple.
They total an additional 0.12 acres impervious area. The proposed additions of parking for this
project will add another 0.08 acres of impervious which will bring the total to 0.2 acres of total
excess impervious or 8712 sq. ft. Exhibits G, H, I, and J show documentation and communications
from the original permit SW8 941115. The original calculations reflect 41.6% impervious but with the
unpermitted additions and the proposed project would bring that to 46.1% impervious on this
permit and as I referenced in the question on Form DCM MP-3 (h.) this project should not affect
Oceana Phase 2. What will Oceana do in the future if we need to add impervious? Exhibit K and L
show that parcel R08519-002-028-000 the original marina property is in the estuarine shoreline AEC
and according to CAMA Permit 13-81 the maximum impervious is 30%. On CBYC Drawing SP3.0 the
total area of all properties is 59,237 sq. ft. Current impervious is 27,784 (46.9% impervious) Total
proposed is 29,759 (50.2%) Exhibit L is from the CAMA file on this site and it clearly shows the 30
foot and 75 foot set back lines on this property. Notice that the main marina building encroaches on
the CAMA 30 foot set back area.
DCM MP-4
STRUCTURES
1. Docking facility/marina characteristics
m. Will facility have tie pilings?
CBYC says yes (6)
Under permit 159-02 Tie pilings are not allowed. (see notes on permit)
2. Docking facility/ marina operations
o. Is the marina/docking facility proposed within or adjacent to coastal wetlands/marsh?
CBYC says YES 550 sq. ft.
Based on everything we see here this seems very low. Where is this calculation coming from?
8.Other
a. Give complete description
CBYC says they are adding 96x24 floating platform addition for a ship store.
This is misleading. The platform is for a Bar, Grill, Large outdoor seating and a ship store.
In addition to these comments there is another matter that we are trying to understand. The floating
home has been in the marina for 8 months without an approved permit. Exhibit M is a picture of a
barge that CBYC plans on using for it's project that has been attached to the fuel dock for at least a
month which is a violation of their current permit 159-02. Permits are granted in our state prior to
construction or development to any existing property. Has CBYC been issued a violation letter?
DEC 15 2021
DCM-MHD CITY

NEW HANOVER COUNTY L'x
Property Assessment
Profile
Sales
Residential
Commercial
Misc.
Improvements
Permits
Land
Values
Agricultural
Sketch
Full Legal
Exemptions
Sub-parcel(s) Info
Original Parcel
Info
CONTACT
PARIo: R08519-002-028.000
CBYC LLC 401 MAR
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Page 1 of 2
DCM-MHD CITY

NEW HANOVER COUNTYx
Profile
PARID: R05e07-M-010-000
CRYC LLC
Sales
Residential
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Permits
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DEC 15 2021
DCM-MHD CITY
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C9YC LLC 401 MAR
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DEC 15 2021
DCM-MHD CITY

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DEC 15 2021
DCM-MHD CITY

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R
.t,E1N ENGINEERING AND ASSOCIATES V
PROJECT: Ocednd Subdivision, Section 1.
CLIENT: Randall Bray Architect
LOCATION: Carolina Reach, NC
SUBJECT: Built -Upon Area Calculations
GIVEN:
PROJECT NO-: 94017
DATE: November 94
PREPARED BY: JKK
Determine the amount of built -upon area for existing permitted
project site and compare thattothe proposed modifications.
Total Project Acreage = 4.464 Acres
SOLUTION:
Comparisons of built -upon areas within the proposed
boundary for each
project
option will be reviewed.
A. PERMITTED DENSITY LEVELS
Buildings = 0.90 Acres
Pavement = 1.90 Acres
Resultant Density Level:
Built -upon Area = 2.80 Acres
Built -upon Percent = 62.8 $
B. PROPOSED DENSITY LEVELS
Residential Acreage (Total) _
3.60
Assumed Density Levels =
Acres
Residential Built -upon Acreage
30 %
Pavement =
1 08 Acres
0.78 Acres +
Resultant Density Level:
Built -upon Acreage = 1.86 Acres
Built -upon Percent = 41.6 $
C. COMPARISON BETWEEN PERMITTED AND PROPOSED
Resultant Decrease in Overall Density Levels:
62.8 %
- 41.6 $ or
21.2 $
Percent Decrease in Overall Density Levels:
62.8
- 41.6
for a 33.8 % reduction
62.8
Oceana Subdivision, Section 2 impervious Calculations
RECE"
DEC 15

I
El,

Fxh,`b,`� N
KLEINFM ENGINEERING NOY el 1994 1�� 14;',:»�u11i40,5hnar
Wlli,NG 1'n4P1
LMAND ASSOCIATES ........................... (9101 �niol ru3 moll
Nt+carol+er 17, 1994 FI let No.; N4olI
Ms. laada Lewis
INC Dl1RNR, Water Quality
127 Cardiu l Drive Extension
Wilmington, NC 28405-3845
Re. Aceaua subdivision, Section 2
Reductions to Permitted Built -Upon Areas
Dear Linda.
As requested in our meeting earlier today, please find enclosed
copy of the comparison of built -upon area calculations as well as
three (3) copies of the Drawing for the above referenced project.
As per our meeting dated August 29, 1994, the project has further
reduced the overall built -upon area as well as incorporating
overland flow prior to any piped drainage collection system.
We trust the enclosed submittal items will be met with your
approval. It is our understanding that this submittal completes
review by your office. Should there be any questions concerning
the enclosed items or additional information needed, please feel
free to contact our office.
Sincerely.
ALNIN ENGINEERING AND ASSocIATP,8
AM R � N, PH
enclosures
cc_ Mr. Randall bray
NOV 2 t 1994
DEM
PROJ
nr411 W:_ RECEIVED
-- -- f - DEC 15 2021
DCM-MHD CITY

Exh1bi J I
State of North Carolina
Department of Environment, Health, and Natural
Wiilminytoo Regional Office
James B. Hum, Jr., Governor DMSION OF ENVIRONMENTAL MANAGEMENT
Jomihan B. Howes, Seerdary WATER QUALITY SECTION
Mr. John Klein, P.E.
Klein Engineering Associates
322 South Fourth Street
Wilmington, North Carolina
Dear Mr. Klein:
Resources
Bob Jamieson
Regional Manager
January 17, 1995
2MI
Subject: ADDMONAL INFORMATION
Stormwater Project No. SW8 941115
Ocean Subdivision Section II
New Hanover County
The Wilmington Regional Office received a copy of the previously requested recorded deed
restrictions for Oceana Subdivision Section II on January 17, 1995. A preliminary review of that
information has determined that the submittal for the subject project is not complete. The following
information is needed to continue the normwater review:
1. The dad restrictions do not limit the built -upon area in any way. In order to meet density,
you must record an amendment for the Section II lots that they are limited to 2,767 square
feet (1.08 acres divided by 17 lots).
Please note that this request for additional information is in response to a preliminary review. The
requested information should be received by this Office prior to February 17, 1995, or the submittal will
be returned as incomplete. If you have any questions concerning this matter please feel free to call me
at [phone].
Sincerely,
Ms. Linda Lewis
Fnvimnmental Engineer
DA/arl: S:\WQS\STORMWAT\ADDI14FO1941115.JAN
cc: (2) Linda Lewis
Central Files
137 c"i l Or',�e F�aariao, Wdmierl NX, 2840S3845 • Tdepi 910.395-3900 F,a 910-350 2004
A rqv Vppah ley N�c MOM E"WYer

State 9f North Carolina
Department of Eoiiment, Health, and Natural Resources
Wilmington Regional Office
James B. Hunt, Jr., Goverum DIVISION OF ENVIRONMENTAL MANAGE&IENT
Jonathan B. Howes, Bob Jamieson
WATER QUALITY SECTION Regional Manager
April 6, 1995
Mr. J. B. Gerald
Ocean Limited Partnership
Post Office Box 4218
Wilmington, North Carolina 28406
Subject: CERTIFICATION OF COMPLIANCE
with Stomrwater Regulations
Stolmwater Project No. SW8 941115
Ocean H Subdivision
New Hanover County .
Dear Mr. Gerald:
The Wilmington Regional Office received the Stormwater Submittal for Ocean H Subdivision on
November 21, 1994, with final information on April 6, 1995. Staff review o e p s pecifications,
including the statement of intent to deed restrict the allowable built ttpoin to 2,767 s feet for each
of the 17 lots shown on the approved Section II plan, has determined pro' proposed meets
the intent of the Stormwater Regulations set forth in Title 15A NCAC 219.1 (a)(3).
Any modification of the plans submitted to and approved by this Office or further development of
this site regardless of the fact that the modification may be less than 1 acre, will require an additional
Stormwater Submittal/Modification and approval prior to initiation of construction. Modifications include
but are not limited to; project name changes, transfer of ownership, redesign of built -upon surfaces,
addition of built -upon surfaces, redesign or further Subdivision of the project area as shown on the
approved plans,
This Certification shall be effective from the date of issuance until rescinded. The project shall be
constructed and maintained in accordance with the plans and specifications approved by the WilminWou
Regional Offiee. This Certification does not supersede any other permit or approval. The developer is
responsible for obtaining any and all permits and approvals necessary for the development of this project.
This could include the Division of Coastal Management under CAMA requirements, the Division of
Environmental Management under Wetland 401 Water Quality Certification and/or•a Dredge and Fill
Permit and/or a Sewer Extension/Collection Permit, U.S. Army Corps of Engineers 404 Wetland Permit,
NPDES stonnwater permit if disturbing five acres or more, local County or Town Agency permits under
their local ordinances, or others that may be required.
RECEIVED
127 Cardinal Dine Gxtemion, Wilmingm , N.C. 28405-3845 ! Tdcphone 910-395-3900 9 Fax 910-350-M DEC 15 2021
DCM-MHD CITY

Mr. Gerald
April 6, 1995
Stormwater Project No. SW8 941115
Deed restrictions, including the allowable built -upon area per lot, must be recorded with the Office
of the Register of Deeds, prior to the sale of any lot. A copy of the recorded deed restrictions, including
deed book number and page, must be forwarded tb this Office within 30 days of the date of the recording.
Failure to record and/or submit the deed restrictions to this Office is considered a violation of this
Certification.
An Engineer/Dmigner/Owner Certification (copy attached) must be submitted upon completion of
construction. The Certification will verify to this Office that the stormwater controls, general layout of the
project, and the amount of impervious area, are m substantial compliance with the approved Stormwater
Plan. The E/D/O Certification will not be accepted until the deed restrictions have been recorded.
3900.
If you have any questions concerning this matter, please contact Linda Lewis or me at (910) 395-
Sincerely,
Dave Adkins
Water Quality Supervisor
DA/arl: S:\WQS\STORMWAT\CERTIFIC\941115.APR
cc: John Klein, P.E.
Alan Golden, New Hanover Countq_tions _-
Tere Ba *u, LAMA .
Bradley Bennett
Beth Easley, New Hanover County
Linda Lewis
Wilmington Regional Office
Central Files
RECEIVED
DEC 15 2021
DCM-MHD CITY

t•- Permit Class
Q Permit Number
Modification/Minor STATE OF NORTH CAROLINA 13-81
Department of Natural Resources and Community Development page 1 of 2
and r�r�
Coastal Resources Commission R t
�X h/elf Kis
Permit rIN hRAtz i9R3
� for t
L x Major Development in an Area of Envirorunq&199
Concern pursuant to NCGS 113A.1 IS
a ® Excavation and/or filling pursuant to NCGS113-229
Issued to Bobby W. Harrelson, 725 Wellington Avenue, Wilmington, NC 28401
authorizing development in New Hanover County at AItdk E. of Snows Cut
as requested in the Dermittee s application dated 11/18/80, including
attached plats, sheets 1-4 of 4 dated 11/80 and 1 plat entitled Drainage and Erosion
This permit, issued on February 21, 1983 . is subject to compliance with the application (where consistent
with the permit), all applicable regulations, special conditions and notes set forth below. Any violation of these terms may subject
permittee to a fine, imprisonment or civil action; or may cause the permit to be mill and void.
(1) In order to protect juvenile . p o tt o e=c� tion or filling
will be permitted between t t s f: pit ugh S ptetmber 30 of any
year without the prior appr _ of t e: ce oast 1 Maragefaent, Wilmington
Field Office — 256-4161.
(2) An earthen plug will be left en t no
basin and the sound until
excavation landward of the plug is completed. Also, a 24—hour period of time
mast be allowed to elapse prior to removal of the plug.
(3) All excavated materials will be confined on high giouzid behind adequate
dikes or other retaining structures to prevent spill —over of solids into
any marsh or surrounding waters.
(4) The spoil area will be vegetated and stabilized within thirty (30) working
days after completion of the dragline work.
(5) In order to protect water quality, runoff from the construction area must
(See attached sheet for Additional Conditions)
This permit action may be appealed by the permirEee
or other qualified persons within twenty (20) days of the
issuing dam. An appeal requites resolution prior to work
initiation or continuance, as the case may be.
This permit must be accessible on -sire to Department
personnel when the project is inspected for compliance.
Any maintenance work or project modification
not covered 'hereunder requires further Departmental
approval.
411 work must -easy Lite
Signed by the authority of the Secretary of D.NRCD and
Chairman Chairsv of the Coastar"'R, csotf?m Commission.
Kenneth D. Stewart, Director
Office of Coastal Management
December 31, 198
w 4 P. Perm expues on This permit and its conditions are hereby accepted.
to issuing this permit, the State of =:VJrih C2rDIn2
agrees that your proje:l s consistent with :.he North
Carolina Coastal Management Program. j 7 - Si 'tier
DEC 15 202t
DCM-MHD CwTY

'Bobby W. Harrelson
ADDITIONAL CONDITIONS
Permit No. 13-81
Page 2 of 2
not visibly increase the amount of suspended sediments in adjacent waters.
(6) The surface water runoff discharge pipes must terminate landward of the
marina basin into vegetate wales or riprapped areas.
(7) Maintainable sedimentati;Gf
s a xgyi ed
(8) Impercious surfaces oustc ed �3 o th est a ne shoreline AEC
(i.e., the area 75' ian h an gh Ovate ontour).
NOTE: In the event hydraulic drecging is necessary to c lete the marina facility,
all work must stop and this permit modified to include plans for a diked
disposal area and effluent specifications.
NOTE: :n Erosion and Sedimentation Control Plan will be required for this project.
This plan must be filed at least thirty (30) days prior to beginning any
land disturbing activity. Submit this plan to the Department of Natural
Resources and Community Development, Land Quality Section, 7225 Wrightsville
Avenue, Wilmington, NC 28403.
RECEIVED
DEC 15 Z021
DCM-MHD CITY

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ExAS)I L � CHANNEL
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!'`--_____-____-__- ------- _-------------------
it
I
Currently Proposed Addition
�67'2r Existing Pervious Areas
on upland portion of property
Y (all are small landscaped areas
!$ LaFAa+Mara Ass WES INO around parking lot)
I
-- — I I
,\ \ `TONN OFCMOLINA aFacN I L. 1
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ECEIVE
C—) MAY o 7 mot
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DIVISION OF
COASTAL MANAOEM
`\ FUEL FARA__J_R_t __ _ aHl1_G_`I_N_QM__WIY_______________.—_________________________________
� I
I
\ L
FUEL LINES FROM FUEL FARM TO PROPOSED DOCK
WILL BE PLACED UNDER GROUND TO ExSTINO S0ARDWALK
AROUND MARINA, AND ATTACHED TO
BOTTOM OF EXISTING WALIMMY TO PROPOSED DOCK
Site Plan provided by:
110UMM LanEd nvlManagement Groupi Inc.
ronmenW ComuaalG
----------- 30' SET BACK LINE
----------- 75' CAMA LINE
SCALE 1' = 1 DO'
MARINE P.CLBcX2522 SITE PLAN
Wil P. n, NO 25402
alisz-000t
CAMA Major Application
PmieQt Manor Oceana Marina
Loation: AICamfina Beech, NC
WVV
Date: 5IBI2002 Sheet 5 of 9

NC Division of Coastal Management
AEC °, }-t-4
'�
Fee $ 4COr # oliqCDAITS
Major PermiRApplication Computer Sheet
,: MHCccT
i Applicant
b0.Y�
--'--
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Agent/Contractor
CIA Ceske
_-----^'
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_ _
Project.SrteCounty
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----
Wilmington
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-
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Permit Authorization �CAMA ❑Dredge & Fdl ❑Botft
SITE DESCRlPTIDNIPERMIT INFORMATION
ORW ..❑Y o NL)TYes ❑Nit Photos. alien Yes.: [},Nu -.— R
Setback RegwrBd (riparian): ]Yes Oro
Gibcal HabitatLYes ❑NO of Sure 115 foot waver obtained ❑Yes No
Hazard Notification Returned:
❑Yes VJNo 1
_
SAV-j�Yes Np []Not Sure T Sh ell Bottom' QYes No ❑ Not
Temporary Impacts es �'No -1
Suns
Sandbags: !=']Yes No ❑ Not Sure i pid (he land use elaSS+ficabo[i curt a
Mitigation Required (optional)
from county LUP;.'QYes ❑No
❑'les No
Moratorium ConiiNbns: - Environmental Assessment Done
❑Yes ❑No $NA
Length of Shoreline: '--�
t
( ]Yes %No ❑NA
FT.
Shellfish Area Designation.. '. Projed'Resr-npttiorL (co
DeyetopmentArea. (codd) - -
Open
SECONDARY WATER CLASSIFICATION OPTIONAL (choose MAX of 4)
i
` FIJI Future Wate,:,Suppry (PNS):
-. ❑ NUment ensitive waters (NSW)
Q Swamp Waters (SW) y
Q Htgh Quat (M4W5 -
OutstandingReso(trteVyatprs (ORW)
-
WETLANDS IMPACTED
`,] (46Q) Corp of E,ngmeers (JurisdicTonal
❑ (_Sr Sea lavender (L"irnonmm sp.)
' U (SS) O�asswon (Sahcornia spy 'r',
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--
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j - APPLICATION FEE
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•• Q No fee -.. -
r�uired - $O C0
i I,IiA) Private w/ DST up to 1 acre, 3450
L_ -_,.r
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DWQ %
(14300160143510009316256253)
(2430016024351000952341)
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$250
100% ($250)
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$250
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$400
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but DGM staff determided that additional
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$400
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40%($160)
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40% ($190)
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Luck, Cameron A
From: Hall, Bryan L
Sent: Tuesday, January 11, 2022 9:37 AM
To: Luck, Cameron A
Subject: FW: [External] CAMA permits for Carolina Beach Yacht Club
Follow Up Flag: Follow up
Flag Status: Flagged
FYI for the CBYC file. I'll keep you updated if any more come in
Bryan Hall
Field Representative
NC Division of Coastal Management
Department of Environmental Quality
[phone] office
brvan.l.hallCla ncdenr.eov
127 Cardinal Drive Ext
Wilmington, NC 28405
Email correspondence to and from this address is subject to the '
North Carolina Public Records Law and may be disclosed to third parties.
From: Hall, Bryan L
Sent: Tuesday, January 11, 2022 9:37 AM
To:'KERRY MACHOVEC' <[e-mail]>
Subject: RE: [External] CAMA permits for Carolina Beach Yacht Club
Hi'Kerry,
Thank you for reaching out. The CAMA Major Permit application will be reviewed by ten state and four federal agencies.
Some of those agencies include State Stormwater and Erosion Control. The Town of Carolina Beach will also review the
application. Those agencies will review the proposal and if they feel any adverse impacts will negatively affect the
area, they have the ability to make comments. I know that due to the proposal of additional parking spaces and other
factors, CBYC is currently going through application process for a stormwater permit with State Stormwater while
simultaneously applying for the CAMA permit. I unfortunately do not have any knowledge of where they are in the
stormwater permit process. Hopefully this helps, don't hesitate to reach out if you have any more questions or concerns.
Thanks,
Bryan Hall
Field Representative
NC Division of Coastal Management
Department of Environmental Quality
[phone] office
bryan.l.hallPncdenr.gov
127 Cardinal Drive Ext

Wilmington, NC 28405
Email correspondence to and from this address is subject to the
North Carolina Public Records Law and may be disclosed to third parties.
From: KERRY MACHOVEC <[e-mail]>
Sent: Monday, January 10, 2022 2:23 PM
To: Hall, Bryan L<[e-mail]>; [e-mail]
Subject: [External] CAMA permits for Carolina Beach Yacht Club
CAUTION: External email. Do not click links or open attachments unless you verify. Send all suspicious email as an attachment to
Report Spam.
Hi Bryan,
I own a Carolina Beach property adjacent to CBYC where they are applying for permits for the barge/parking etc.
I have concerns on the parking and the change of landscape that will be required to the hill to create the parking. When
they dig out the hill to create the parking it is going to change the flood zone in that area and the parking will then be in
the flood zone. And of course potentially flood my yard when the land scape changes from grass to stone. I am curious
how the flooding possbities will be addressed.
To be honest I have many issues with this project but which issues involve CAMA I do not know. My main issue is with
the added parking that will take an access road and create in/out parking on one side and change the flood zone in the
porposed parking area. They have to cut out the hill to create the parking, potentially flooding the area when it rains
and the tide is high. We already have floodsing in the area when the king tides come in, or just higher tides than usual.
would imagine when they cut out the hill to create the parking it is no longer considered high ground as it puts it in the
flood zone.
Again, I truly am not certain what aspects of my concerns relate to CAMA but I did want to'express my concern on the
project once I saw the notice posted ont he marian entrance.
Thank you for any insight you can share with me on this.
Kerry Machovec

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RECEIVED
DEC 22 Z071
DCM-MHD CITY

Hall, Bryan L
From: MacPherson, Tara
Sent: Monday, September 20, 2021 7:52 AM
To: Hall, Bryan L
Subject: FW: [External] CBYC H Chad Cooke
Morning,
FYI below.
Tara MacPherson
Wilmington Region District Manager
NC Division of Coastal Management
Department of Environmental Quality
910 796-7266 office
910 395-3964 fax
tara. macpherson(rDncden r. gov
127 Cardinal Drive Ext
Wilmington, NC 28405
Email correspondence to and from this address is subject to the RECEIVED
North Carolina Public Records Law and may be disclosed to third parties.
DEC 2 2 2021
nr-m-MHD CITY
From; Ansel, Douglas R
Sent: Sunday, September 19, 2021 10:08 PM
To: Grady Richardson <[e-mail]>; Johnson, Kelly <[e-mail]>; Goebel, Christine A
<[e-mail]>; MacPherson, Tara <[e-mail]>
Cc: Hall, Christine <[e-mail]>; [e-mail]; 'Jennifer Carpenter'
<J e n n i f e r@ gg r l a w off i s e. co m>
Subject: RE: [External] CBYC H Chad Cooke
Grady,
Thank you for following up on Kelly's June 24th email. Based on my understanding, since I have had minimal
involvement in this matter previously, this is the first communication Kelly has received back in regards to her prior
email. I also understand that the Wilmington office has met with your client several times and had multiple sets of email
correspondence over the course of the year to discuss options for your client's project and answer questions presented.
Most recently, your client's engineer performed the referenced file review of DCM and DEMLR materials related to the
site on June 29th and was going to be developing a plan of action to present to DEQ. Since June 29th, I am informed that
DEMLR staff have not received any additional inquiries from your client or your client's engineer, nor have any
applications or proposals been submitted to them for review. If any of that is incorrect, please feel free to let me know.
It goes without saying that staff are clearly willing to meet with you and your client about the project, however it.would
certainly make for a more efficient and productive conversation if you were to share the topics of the conversation in
advance. If you desire not to do so, that's your prerogative.
I'm currently in the process of comparing schedules between the necessary DEQ parties to accommodate your request
for a meeting - once I have that information in hand, I'll reach back out to you with some options.

r_ .
Additionally, I'm not sure if you are aware, but Governor Cooper also signed S.L. 2021-158 into law on Thursday which
could have impacts on any proposals your client might decide to bring to DEQ regarding their project. Just an FYI.
Best,
Doug
Douglas R. Ansel
Assistant General Counsel
N.C. Department of Environmental Quality
Telephone: [phone]
Mailing Address:
1601 Mail Service Center
Raleigh, NC 27699-1601
Physical Address:
217 W. Jones St.
Raleigh, NC 27603
[e-mail]
E-mail correspondence to and¢om this address may be subject to the North Carolina Public Records Law and may be disclosed to
third parties.
From: Grady Richardson <[e-mail]>
Sent: Wednesday, September 15, 2021 11:22 AM
To: Johnson, Kelly <[e-mail]>; Goebel, Christine A <[e-mail]>; MacPherson,
Tara <[e-mail]>
Cc: Ansel, Douglas R <[e-mail]>; Hall, Christine <[e-mail]>;
[e-mail];'Jennifer Carpenter' <[e-mail]>
Subject: RE: [External] CBYC // Chad Cooke
Importance: High
Good morning, Kelly, Christy, and Tara, and all others.
I am following up with all of you on the email I received on June 24' below from Kelly. I am writing to solicit dates and
times on which you are available to schedule a conference call or conduct an in -person meeting. I am also including the
Town's attorney, Noel Fox, on this email and invitation for the call and/or meeting.
I know of no law that says I must only write you my "legal" questions or any questions for that matter. My client is a tax
paying citizen in the State of North Carolina and the Town of Carolina Beach and I should be afforded the ability to speak
on the phone or in person with you.

. _ i
If "transparency" is your concern, then I am happy to hire a court reporter and/or videographer to document the entire
conference call and/or meeting.
I look forward to receiving a handful of possible dates/times on which to either meet or conduct a call. Time is of the
essence on this email and my request.
Sincerely,
Grady Richardson
LAW OFFICES OF G. GRADY RICHARDSON, JR., P.C.
Attorneys and Counselors at Law
N.C.S.B. 25508
1908 Eastwood Road, Suite 224
Lumina Station
Wilmington, North Carolina 29403
Telephone: [phone]
Facsimile: 910.509.7167
Mobile: [phone]
Email: [e-mail]
Continuously since 2013, Mr. Richardson has been selected by his peers for inclusion
in Best Lawyers in America. For more information regarding selection criteria, see: http://www.bestlawyers.com.
From: Johnson, Kelly <[e-mail]>
Sent: Thursday, June 24, 2021 10:32 AM
To: Grady Richardson <[e-mail]>; Goebel, Christine A <[e-mail]>; MacPherson,
Tara <[e-mail]>
Cc: Ansel, Douglas R <[e-mail]>; Howard Resnik <[e-mail]>; chad cooke
<[e-mail]>; Hall, Christine <Christine. Hall @ncdenr.gov>
Subject: RE: [External] CBYC // Chad Cooke
Mr. Richardson,
We have had several meetings about this project, most recently on Monday, to discuss the technical aspects of
developing the marina. The outcome of Monday's meeting was that the engineer, Howard Resnick, would schedule a
file review so that you all can see what we have on file and develop a plan accordingly. If there are now legal questions,
please email me a list of your questions or concerns. DCM, the Town, and other individuals request updates on this, and
it is easier and more transparent to provide an email chain as opposed to a verbal summary of a conversation about
legal concerns.
Thanks,
Kelly
K.el.LW0k1K60VI,
Kelly Johnson
Environmental Engineer
NC Division of Energy, Mineral and Land Resources
Stormwater Permitting
RECEIVED
DEC 2 2 2021
DCM-MHD CITI

f
127 Cardinal Drive Extension
Wilmington, NC 28405-3845
Phone: [phone]
Note Change in Phone Number

Hall, Bryan L
From: Grady Richardson <[e-mail]>
Sent: Monday, June 14, 2021 5:34 PM
To: MacPherson, Tara; 'chad cooke'; 'Dylan Baker'; Hall, Bryan
Cc: Goebel, Christine A; Simmons, Christy
Subject: RE: [External] Re: CBYC, LLC Application
Attachments: 21-5-13-Public Records Request to NC DEQ.pdf
Importance:
High
J , nal email. Do not click lin
Dear Tara, et al. —
Good afternoon, and happy Monday?
Attached is my firm's public records request that more than covers the information Chad requested below; only mine is
from May 131h and has yet to receive any of the requested records. Please let me know the status of the records my
attached request seeks.
I would like my attached request also updated through today's date, rather than May 131^ given the time that has
elapsed.
Thank you,
Grady
LAW OFFICES OF G. GRADY RICHARDSON, JR., P.C.
Attorneys and Counselors at Law
N.C.S.B. 25508
1908 Eastwood Road, Suite 224
Lumina Station RECEIVED
Wilmington, North Carolina 28403
Telephone: [phone]
Facsimile: 910.509.7167 DEC 22 2021
Mobile: [phone]
Email: [e-mail] DCM-MHD CITY
Continuously since 2013, Mr. Richardson has been selected by his peers for inclusion
in Best Lawyers in America. For more information regarding selection criteria, see: http://www.bestlawyers.com.
From: MacPherson, Tara <[e-mail]>
Sent: Monday, June 7, 20214:11 PM
To: chad cooke <[e-mail]>; Dylan Baker<dylan@thecarolinabeach marina.com>; Hall, Bryan L
<[e-mail]>
Cc: Grady Richardson <[e-mail]>; Goebel, Christine A <[e-mail]>
Subject: RE: [External] Re: CBYC, LLC Application

HI Chad, These are questions about us allowing the floating structure to remain without permits. I told them that we are
working to get that resolved through permitting. If you want a public records request please contact
[e-mail].
The newest application drawings indicates gravel to be removed on Town Property. Has the Town given CBYC, LLC an
agent form?
Bryan reviewed your application and needs a little more information. Please make the intended changes and address
the following for a complete application:
• The 4 new parking spaces aren't accounted for in the application. MP-1 and MP-3 only mention 13 parking
spaces, please update everything to include the correct parking space total.
• For the impervious calculations, are the 4 parking spaces as well as the parking space extensions on the east side
included? If not, please update. Some of these areas appear to be existing grassed sections.
• Please label the slip on the east side of the marina next to #42.
• Please show and label where each of the six new transient slips intend to be. We need them separated out
individually, not just labeled as "6 transient slips"
• Please update the calculations on the drawing SP1.0. You can remove the "Allowable Dockage" calculations on
SP2.0, that 27 sq ft per linear shoreline is only for residential facilities.
• The drawings show there will be removal of 6,143sq ft of gravel from Town of Carolina Beach property. We have
received no notice of approval from the town. If the town does not approve, you cannot work on their property.
• DWR said that they returned the stormwater application to you, have you resubmitted?
Thank you,
Tara
Tara MacPherson
Wilmington Region District Manager
NC Division of Coastal Management
Department of Environmental Quality
910 796-7266 office
910 395-3964 fax
tara. macPherson (a)ncden r. oov
127 Cardinal Drive Ext
Wilmington, NC 28405
Email correspondence to and from this address is subject to the
North Carolina Public Records Law and may be disclosed to third parties.
From: chad cooke[mailto:[e-mail]]
Sent: Friday, June 4, 20214:30 PM
To: MacPherson, Tara <[e-mail]>; Dylan Baker <[e-mail]>; Hall, Bryan
L <[e-mail]>
Cc: Grady Richardson <[e-mail]>
Subject: RE: [External] Re: CBYC, LLC Application

Sorry you should not be getting complaints. I know this is not your issue but part of our global settlement agreement
was that anyone from the Ocean, Spinnaker, any of their HOA, or the town of Carolina beach could not send complaints
regarding the CUP and CAMA permit application to any agency. They have continued to violate this order with state fire
and the town of Carolina beach. We are handling this breach through the court system. I am asking you as public record
request to forward any complaints or emails you have received.
As far as your question, the mail receipts are found on page 17 of our application.
Please let me know if you need anything else.
I would like to discuss the other floating structure, I left you a message a few mins ago. You can call me anytime during
or after hours to discuss.
Thanks
Chad Cooke
S.R.P LLC
704-778-8994
From: MacPherson, Tara <[e-mail]>
Sent: Friday, June 4, 20214:17 PM
To: Dylan Baker <[e-mail]>; Hall, Bryan L <[e-mail]>; chad cooke
<chad @sloa ndeve looment.co m>
Subject: RE: [External] Re: CBYC, LLC Application
Thank You Dylan,
Thank you for the electronic copy. Just so you know, DCM is continuing to get complaints about the floating structure
that was placed in the marina without authorization. Have you received the certified mail receipts for the most recent
notifications with the proposed changes?
Thank you,
Tara
Tara MacPherson
Wilmington Region District Manager
NC Division of Coastal Management
Department of Environmental Quality
910 796-7266 office
910 395-3964 fax
tara. macohersonCa.ncden r. aov
127 Cardinal Drive Ext
Wilmington, NC 28405
Email correspondence to and from this address is subject to the RECEIVED
North Carolina Public Records Law and may be disclosed to third parties.
DEC 22 2021
DCM-MHD CITY

From: Dylan Baker[mailto:[e-mail]]
Sent: Wednesday, June 2, 20214:11 PM
To: Hall, Bryan L <[e-mail]>; chad cooke <[e-mail]>
Cc: MacPherson, Tara <[e-mail]>
Subject: RE: [External] Re: CBYC, LLC Application
Brya n,
Please see attached electronic version of our application.
Thanks
From: Hall, Bryan L<[e-mail]>
Sent: Wednesday, June 2, 20213:49 PM
To: chad cooke <[e-mail]>
Cc: Dylan Baker <[e-mail]>; MacPherson, Tara <[e-mail]>
Subject: RE: [External] Re: CBYC, LLC Application
Hi Chad,
We received the latest application. Is it possible for you to send me an electronic version of the application and
drawings? We are starting to review them and will get back to you.
Thanks,
Bryan Hall
Field Representative.
NC Division of Coastal Management
Department of Environmental Quality
[phone] office
brvan.l.hall(@ncdenr.aov
127 Cardinal Drive Ext
Wilmington, NC 28405
K.-C. --
Nothing Compares..-.-,-
Email correspondence to and from this address is subject to the
North Carolina Public Records Law and may be disclosed to third parties.
From: MacPherson, Tara <[e-mail]>
Sent: Thursday, May 13, 2021 1:41 PM
To: chad cooke <[e-mail]>
Cc: Dylan Baker<[e-mail]>; Amico, Patrick <[e-mail]>; Hall, Bryan L

<Bryan.L. [e-mail]>
Subject: RE: [External] Re: CBYC, LLC Application
Thank you Chad!
Tara MacPherson
Wilmington Region District Manager
NC Division of Coastal Management
Department of Environmental Quality
910 796-7266 office
910 395-3964 fax
to ra. macPherson Co) ncden r. oov
127 Cardinal Drive Ext
Wilmington, NC 28405
Email correspondence to and from this address is subject to the
North Carolina Public Records Law and may be disclosed to third parties.
From: chad Cooke[mailto:[e-mail]]
Sent: Thursday, May 13, 2021 11:15 AM
To: MacPherson, Tara <[e-mail]>
Cc: Dylan Baker<[e-mail]>; Amico, Patrick J <[e-mail]>; Hall, Bryan L
<Brva n. L. Ha I I @ ncde nr.eov>
Subject: RE: [External] Re: CBYC, LLC Application
Please see a copy of the revised plans where we shifted the structure to meet the fire code request. Me moved the
seating area to the right side of the structure. We didn't want to the our neighbors a future reason to object without
proper notifying them.
I hope this helps.
Thanks
Chad Cooke
S.R.P LLC
704-778-8994
From: MacPherson, Tara <[e-mail]>
Sent: Thursday, May 13, 2021 10:53 AM
To: chad cooke <[e-mail]>
Cc: Dylan Baker<[e-mail]>; Amico, Patrick <[e-mail]>; Hall, Bryan L
<Brvan.L.Hall@ ncde nr.eov>
Subject: RE: [External] Re: CBYC, LLC Application RECEIVED
DEC 22 2021
DCM-MHD CITY

Chad, You are under an active NOV for the unauthorized placement of the floating structure. You CANNOT move it
without approval and the restoration was to apply for a permit for this structure to become a permanent part of the
Marina within that slip. I will need to discuss with our compliance coordinator. Please do not relocate the structure
without authorization.
Thanks,
Tara
Tara MacPherson
Wilmington Region District Manager
NC Division of Coastal Management
Department of Environmental Quality
910 796-7266 office
910 395-3964 fax
tara. macoherson(Dricden r. cov
127 Cardinal Drive Ext
Wilmington, NC 28405
Email correspondence to and from this address is subject to the
North Carolina Public Records Law and may be disclosed to third parties.
From: chad cooke [mailto:[e-mail]]
Sent: Thursday, May 13, 20217:16 AM
To: MacPherson, Tara <[e-mail]>
Cc: Dylan Baker<[e-mail]>; Amico, Patrick J <[e-mail]>
Subject: RE: [External] Re: CBYC, LLC Application
Tara,
We decided to move the floating structure down 20 more feet towards the new dock extension. We decided that we
needed to resend these out to the neighbors to avoid an objection on grounds of notice in the future. We are just
waiting on the return receipts from the mail carrier.
We will deliver the package once we get these.
Thanks
Chad Cooke
S.R.P LLC
704-778-8994
From: MacPherson, Tara <[e-mail]>
Sent: Wednesday, May 5, 20219:24 AM

To: chad cooke <[e-mail]>
Subject: Re: [External] Re: CBYC, LLC Application
Hi Chad
I am in the field today you are more than welcome to drop it off in the front lobby!
Get Outlook for iOS
From: chad cooke <[e-mail]>
Sent: Tuesday, May 4, 2021 2:33:54 PM
To: MacPherson, Tara <[e-mail]>
Subject: [External] Re: CBYC, LLC Application
No we mailed in the application over a week ago. Dylan made all of the changes. I have heard horror stories on
mail. Can I hand deliver a copy to your office tomorrow am? Are you in the office?
Sent via the Samsung Galaxy Note20 Ultra 5G, an AT&T 5G smartphone
Get Outlook for Android
From: MacPherson, Tara <[e-mail]>
Sent: Tuesday, May 4, 2021 2:25:02 PM
To: chad cooke <[e-mail]>
Subject: CBYC, LLC Application
HI Chad, We have not heard back from you since we sent the information required for a complete applications. I
touched base with Kelly Johnson in Stormwater and it sounds like you have a few things to work out there. Are we on
hold for now?
Thanks,
Tara
Tara MacPherson
Wilmington Region District Manager
NC Division of Coastal Management
Department of Environmental Quality
910 796-7266 office
910 395-3964 fax
tara. maWherson to n cden r. oov
127 Cardinal Drive Ext
Wilmington, NC 28405
Email correspondence to and from this address is subject to the
North Carolina Public Records Law and may be disclosed to third parties.
RECEIVED
DEC 2 2 2021
DCM-MHD CITY

Hall, Bryan L
From:
MacPherson, Tara
Sent:
Tuesday, June 8, 2021 10:25 AM
To:
chad cooke
Cc:
Hall, Bryan L
Subject:
RE: [External] Push boat barge
Hi Chad,
I spoke with our Division Director, Braxton Davis, and the Division Compliance Coordinator, Roy Brownlow, this morning
regarding your email (below). I was asked to put in writing that the Division will consider the unauthorized placement of
the barge structure a willful and intentional violation. A Notice of Violation would be sent to CBYC, LLC if the proper
permits are not in place prior to placement of the structure in the marina.
Please continue the permit process for this development.
Thank you,
Tara
Tara MacPherson
Wilmington Region District Manager
NC Division of Coastal Management
Department of Environmental Quality
910 796-7266 office
910 395-3964 fax
to ra. macoherson4 ncden r. aov
127 Cardinal Drive Ext
Wilmington, NC 28405
Email correspondence to and from this address is subject to the
North Carolina Public Records Law and may be disclosed to third parties.
From: chad Cooke[mailto:[e-mail]
Sent: Tuesday, June 8, 2021 8:29 AM
To: MacPherson, Tara <[e-mail]>
Subject: [External] Push boat barge
Tara,
RECEIVED
2021
DCM-MHD CITY
Good morning, please see the attached photos of the push boat and barge. We would like to move it to our dock
so we could finish working on the flooring and roofing.
I would think we could get a temp pass we can move it at anytime.

Please let me know your thoughts
Thanks
0
Sent via the Samsung Galaxy Note20 Ultra 5G, an AT&T 5G smartphone
Get Outlook for Android

Hall, Bryan L
From: MacPherson, Tara
Sent: Monday, May 10, 2021 8:21 AM
To: Hall, Bryan L
Subject: FW: [External] Fw: complete project info
Tara MacPherson
Wilmington Region District Manager
NC Division of Coastal Management
Department of Environmental Quality
910 796-7266 office
910 395-3964 fax
tara. macoherson(a.ncdenr. aov
127 Cardinal Drive Ext
Wilmington, NC 28405
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] fmailto:[e-mail]]
Sent: Friday, May 7, 2021 10:25 PM
To: 'olin Purr' <[e-mail]>; 'Alan Griffin' <[e-mail]>; Johnson, Charlie E
<[e-mail]>;'Wes Hodges' <[e-mail]>; Oakley, Bruce
<[e-mail]>;'Jeremy Hardison' <[e-mail]>; MacPherson, Tara
<ta [e-mail]>
Cc: Thompson, Buddy <[e-mail]>
Subject: RE: [External] Fw: complete project info
CAUTION: External email. Do not click links or open attachments unless you verify. Send all suspicious email as an attachment to
Report Spam.
To All:
I started my carrier as a Roadway/Transportation Engineer with the sole purpose of ensuring the public safety during the
design process. When I first looked at the CBYC dock design it did not take long to see all the public safety issues. At this
point it was just a matter to substantiate my concerns with the fire code. As everyone has acknowledged a
barge/boat/floating home etc. cannot be permanently attached to a fuel dock. Another issue is a fueling hose cannot
not reach so many feet from an opening. The next issue is the pumps must be so many feet from an access point. I do
not claim to be a fire code expert but during this process I read many articles, reports, and fire codes. Fire Codes just as
building codes are a result of history and many of the most famous fires that killed many helped establish the current
fire code.
RECEIVED
DEC 22 2021
DCM-MHD CITY

7
Limited access points and egress issues accounted for a significant number of deaths. There is but one access point off
the bar. The current is very strong, and the waves can be very large at times in this area. There is not a no wake zone in
the waterway which is adjacent to this area. If a fuel pump fire occurs, will there be enough distance for the public to
egress from the bar/barge. With the structure now being 2 stories accommodating more people be able to egress to
safety fast enough.
Has anyone considered the current and a fuel leak? Imagine gas floating on the water and the fuel is ignited around the
barge/bar. The current is strong, and this could happen. This structure is not a boat that can just push off into the
waterway to remove itself from danger.
As I stated the waves are large depending on the type and size of the boats in the waterway. This is not an ideal place for
a fueling dock. The Carolina Beach State Wildlife fueling dock is located within protected area. All the fueling docks in
Wrightsville Beach are in a no wake zone in the waterway. Best Management Practice Manual for North Carolina
Marinas in "On the Dock" section it states, "Locate fueling stations in low -wake zones that are easily accessible" How
this fueling dock was approved in the first place is concerning knowing the size of the waves. Actually, it was denied
initially.
This is not an ideal place for a fuel dock because of the proximity to the waterway which Is not a no wake zone. Now
they are considering installing a 2-story floating structure near the waterway with large waves at times near a fueling
dock that probably shouldn't be there either. The first thing lawyers do in a work zone accident is to ensure the signage
is properly installed at the correct distances, A few feet can be the difference in losing or winning. Layers are going to
have a field day if someone is killed or injured if this is approved. Just because there are distances between access points
and fire hazards the criteria might not be accounting for high winds found at the coast, other natural occurrences, and
waves.
James Sanderford, PE
910-264-7811
From: olin furr<[e-mail]>
Sent: Friday, May 7, 20212:28 PM
To: Alan Griffin<[e-mail]>; Charlie E. Johnson <[e-mail]>; Wes Hodges
<[e-mail]>; James Sanderford <[e-mail]>; Bruce Oakley
<[e-mail]>; Jeremy Hardison<[e-mail]>; Tara MacPherson
<[e-mail]>
Cc: Buddy Thompson <[e-mail]>
Subject: Re: [External] Fw: complete project info
Thank you
Sent from Yahoo Mail for iPhone
On Friday, May 7, 2021, 2:22 PM, Alan Griffin <[e-mail]> wrote:
An overview of the plans review is that nothing could be moored to the designated fuel areas. If he adds
on to the docks, the new docks could not have fueling operations and the barge operation. He will have
to separate the two operations from each operation, or he could choose to do one operation or the
other, hope this helps.
RECEIVED
DEC 22 2021
DCM-MHD CITY

Alan Griffin
Fire Chief
Carolina Beach Fire Department
910-458-2985 Office
910-409-1014 Cell
From: olin furr <[e-mail]>
Sent: Friday, May 7, 2021 2:08 PM
To: Alan Griffin<[e-mail]>; Charlie E. Johnson <[e-mail]>; Wes
Hodges <[e-mail]>; James Sanderford <[e-mail]>; Bruce Oakley
<[e-mail]>; Jeremy Hardison<[e-mail]>; Tara
MacPherson <[e-mail]>
Cc: Buddy Thompson <[e-mail]>
Subject: Re: [External] Fw: complete project info
Be Advised: This email originated from outside of the Town of Carolina Beach, NC
Can you share what he was told he could and couldn't do in the fuel docks?
Sent from Yahoo Mail for iPhone
On Friday, May 7, 2021, 1:46 PM, Alan Griffin <[e-mail]> wrote:
Mr. Furr,
We have meet with the property owner and reviewed his future plans, he has
been given clear direction on what he is allowed, and not allowed to do with the
floating docks and fueling area. Given that he has not brought the barge back
and tied it to the docks there is nothing for us to inspect or a violation, if he
chooses to bring the barge back and tie it to the fuel docks, we will inspect the
property for the violation and enforce any fire code violation that occur, hope this
helps.
RECEIVED
Alan Griffin DEC 22 2021
DCM-MHD CITY

Fire Chief
Carolina Beach Fire Department
910-458-2985 Office
910-409-1014 Cell
From: olin furr <olintfurranyahoo.com>
Sent: Friday, May 7, 2021 12:10 PM
To: Alan Griffin <alan.griffin a(Dcarolinabeach.org>; Charlie E. Johnson
<charlie.iohnson(d)ncdoi.gov>; Wes Hodges <whodges(CDhcpplaw.com>; James
Sanderford <iimmv(a)southernasphalt.biz>; Bruce Oakley
<Bruce.Oakley(a)carolinabeach.org>; Jeremy Hardison
<leremy.hard ison d,)carolinabeach.org>; Tara MacPherson
<tara. macpherson(a)ncdenr.gov>
Subject: Fw: [External] Fw: complete project info
Be Advised: This email originated from outside of the Town of Carolina Beach, NC
Below you will see an email to Charlie Johnson from December 17, 2019
expressing our concerns about fire code violations at the CBYC floating Bar/Grill
barge project. Since that time the CUP has been issued with additional
requirements that all local, state and federal regulations must be
followed. Charlie Johnson was told once the CUP was issued building permits
could be applied for along with construction plans. This is not what is happening!
On May 4th CBYC moved the empty barge from the fuel dock to Weeks
Dredging facility in Wilmington. At this location 2 sections of a prefab building
were delivered on flatbed trucks and will be mounted on the barge. According to
Arthur Malfass of New Hanover county inspection dept. he does not have
jurisdiction over floating vessels. Arther also does the inspections for Carolina
Beach, therefore there will be no inspections. When they finish up fitting the
barge it will be brought back to the fuel dock and tied up. Recently Oceana
Marina Assoc. replied to a CAMA riparian letter that was sent to us by CBYC.
They are asking to extend the fuel dock and add a moored vessel(bar/grill) to the
fuel dock. They also refer to the barge as a floating platform. As it happened
concerning the floating house that was allowed by Town officials ,no play on
words should be allowed concerning this project. The loss of life that is possible RECEIVED
when you combine dining, drinking and hanging out within a few feet of boats
being fueled is sobering. There is no where to flee if a fire erupts. Chapter 23 of DEC 2 2 2021
the fire code is clear, permanently mooring or attaching anything to the fuel dock
is prohibited. Only essential ship stores are allowed on a fuel dock. It is a DCM-MHD CITY
dangerous place. This marina operates under CAMA permit 159-02 which
specifically states "no permanent mooring is allowed on the fuel dock". Under this

permit the entire dock is considered the fuel dock so permanent mooring is not
allowed anywhere. From where I stand this project as it currently is presented is
in violation of N.C. Fire Code 2310.3.1 and 2310.5.4. 1 would like you an Charlie
to give your opinion on the matter. Time is of the essence. Thank you!
Sent from Yahoo Mail for iPad
Begin forwarded message:
On Thursday, May 6, 2021, 3:43 PM, olin furr <olintfurr(a�vahoo.com> wrote:
Sent from Yahoo Mail for iPad
Begin forwarded message
On Thursday, August 6, 2020, 5:12 PM, olin Purr
<olintfurr(a)yahoo.com> wrote:
Sent from Yahoo Mail for iPad
Begin forwarded message:
On Tuesday, December 17, 2019, 8:15 AM,
Johnson, Charlie E
<charlie.iohnsona_ncdoi.gov> wrote:
Mr. Furr,
I forwarded your email to Carolina
Beach Fire Chief Alan Griffin
yesterday and he contacted me
about this project. He advised that
the project is only going through the
process for a Conditional Use Permit
(CUP) at this time, as required by
zoning. If the CUP is issued, then a
building permit application can be
submitted along with construction
plans for the project.
The sections mentioned in your RECEIVED
earlier email from Chapter 23 of the
North Carolina Fire Code, along with
all other applicable code DEC 22 2021
requirements, will need to be DCM-MHD CITY

considered before a building permit
can be issued for this project.
There are obviously some code
considerations that will need to be
addressed if the CUP is issued and
Chief Griffin advised that would
review the plans for code
compliance when they are submitted
for this project.
Please let me know if I can be of any
additional assistance to you.
Charlie Johnson
Chief Fire Code Consultant
Engineering Division
N.C. Department of
Insurance
Office of State Fire
Marshal
1202 Mail Service
Center
Raleigh, NC 27699-
1202
919.647.0094
From: olin furr
<o I i ntfu rr(ay a hoo. co m>
Sent: Tuesday, December 10, 2019
4:50 PM
To: Johnson, Charlie E
<charlie.iohnson(o)ncdoi.gov>;
James Sanderford
<j ksanderford hoa(o�gmail. com>
Subject: [External] Fw: complete
project info
11111111111ern2 . Do not click
attachrWWds unless you a
�. Send all suspicious email as an
Whment toc,7u ,.
RECEIVED
DEC 22 2021
DCM-MHD CITY

There are 25 pages but you can look
at everything about the project
Sent from Yahoo Mail for Pad
Begin forwarded message:
On Tuesday, December 10, 2019,
4:44 PM, olin furr
<olintfurr(a)vahoo.com> wrote:
https://carol inabeach.
civicweb.net/docume
nt/14299/Consider%2
Oa%20Conditional%2
OUse%20Permit%20a
t%20401 %20Marina.
pdf?handle=029F068
9691444D6868A35D
B05E5093C
Sent from Yahoo Mail
for Pad
RECEIVED
DEC 22 2021
DCM-MHD CITY

Hall, Bryan L
From: MacPherson, Tara
Sent: Wednesday, May 26, 2021 3:08 PM
To: Jimmy HOA; Johnson, Charlie E; 'olin furr'
Cc: Martin, Carl; 'Alan Griffin'
Subject: RE: [External] Carolina Beach Yacht Club & The Town of Carolina Beach
Hi Mr. Sanderford,
A Notice of Regulatory Requirements (NORR) was issued to CBYC, LLC on 7/15/20 for placement of the unauthorized
floating structure within Carolina Beach Yacht Club. The NORR required CBYC, LLC to submit a CAMA major permit
application seeking authorization to locate the structure within a permitted marina. The floating structure, per 15A
NCAC 7M .0603, can be permitted if it is kept within a permitted marina under LAMA. We most recently reviewed a
Major Permit Application submitted by CBYC, LLC on 2/10/21 to determine if the application was complete in
accordance with various rule requirements. The Major Permit Application included a proposed barge, floating dock
expansion, upland modifications along with the permanent installation of the floating structure. We attended a scoping
meeting with multiple agencies and the Town on 2/22/21 to review the proposal after submittal. Following additional
information requests and some drawing modifications, an updated application was submitted on 3/26/21. New
drawings were again submitted to DCM on 5/13/21 reflecting a change in placement of a proposed barge/ships store,
and the applicant is in the process of re -notifying the adjacent property owners of this proposed change. In summary,
DCM does not yet consider this structure to be in compliance with state rules because a CAMA permit is required;
however, the necessary permit application is in process.
Thank You,
Tara
Tara MacPherson
Wilmington Region District Manager
NC Division of Coastal Management
Department of Environmental Quality
910 796-7266 office
910 395-3964 fax
tara. macoherson(d)ncden r.gov
127 Cardinal Drive Ext
Wilmington, NC 28405 RECEIVED
Email correspondence to and from this address is subject to the DEC 2 2 2021
North Carolina Public Records Law and may be disclosed to third parties.
DCM-MHD CITY
From: Jimmy HOA[mailto:[e-mail]]
Sent: Tuesday, May 25, 20219:38 PM
To: MacPherson, Tara <[e-mail]>; Johnson, Charlie E <[e-mail]>;'olin furr'
<ol i ntfurr@ya hoo.com>
Cc: Martin, Carl <[e-mail]>; 'Alan Griffin' <[e-mail]>
Subject: RE: [External] Carolina Beach Yacht Club & The Town of Carolina Beach

Charlie / Tara:
Charlie thank you for responding and doing your job. I would like to bring one thing to your attention that a former
Oceana Board Member reminded me off. Both Oceana and Carolina Beach Yacht Club (CBYC) share the same marina
that was constructed at the same time. The Carolina Beach Fire Department (CBFD) stated a few years back we need to
replace our marina fire system and we did. We were told by the CBFD CBYC had to replace their system also. When we
inquired about this later CBFD said CBYC marina system was fine. How did Ocean's need replacing and CBYC need
replacing then suddenly it is fine? Could you please inspect CBYC fire system at the marina also.
Tara 1 been preaching in every email the Town of Carolina Beach (TOCB) does as they please. I have attached a chain of
emails between a former Oceana Homeowner, Miles Murphy with TOCB, and yourself. To summarize Mile Murphy said
the floating structure was going to be allowed to enter the marina because it had a vessel number and you replied on
6/29/20 to Miles Murphy "ok but this is not a vessel, and it requires DCM authorization for it to go in the marina." You
specifically told the TOCB not to allow the floating structure in the marina because it required DCM authorization. It has
been 9 months illegally parked in the marina. The TOCB disregarded your authority and allowed the structure to enter
the marina and your department has done nothing to correct the situation. We have an uninspected floating structure
without authorization that could be a fire hazard or safety hazard that the TOCB refuses to inspect and your department
has does nothing to correct the situation. Tara I need an answer in 5 working days what measures you are going take to
correct this.
The last issue is the barge / bar that is proposed the fueling dock. Just because you extend the fueling dock and place the
barge at the end does not mean it is safe. Attached is statistics regarding Factors to Contribute to Civilian Fire Fatalities:
16.8% Escape Problems and 19.8% Egress Problems. Just because you extend a dock how are the people going to be able
escape / egress if the fueling dock is between them and land and catches on fire? Jump on rocks filled with Oyster Shells
or jump in the water with a very strong current that could carry them directly into the fire. The only way to safeguard
the public is for CBYC to decide, have a fueling dock or a barge / bar. Not both. The existing permit does not allow it
nor does the fire code.
Thanks
James Sanderford, PE
From: MacPherson, Tara <[e-mail]>
Sent: Friday*,7IC 21, 2021 10:43 AM
To: Johnson, Charlie arlie.'ohnson c ncdoi. ov>; olin furr <[e-mail]>; Jimmy HOA
Cc: Martin, Ca <Carl.Martin@i
Subject: RE: [Exte 1] Carolina
Hi All,
The Division of Coastal Management
structure at Carolina Beach Marina and Yacht Z
complete there will be at least a 75 day review
4 federal agencies and the local government.
Griffin <[e-mail]>
The Town of Carolina Beach
not receive complete permit application for the placement of this
Qrls O ce the per ' plication is received and is determined to be
Permit a abons are reviewed by 10 state agencies,

Hall, Bryan L
From: MacPherson, Tara
Sent: Friday, May 21, 2021 10:44 AM
To: Mairs, Robb L; Hall, Bryan L
Subject: FW: [External] Carolina Beach Yacht Club & The Town of Carolina Beach
FYI below. I am trying to minimize this email chain
Tara MacPherson
Wilmington Region District Manager
NC Division of Coastal Management
Department of Environmental Quality
910 796-7266 office
910 395-3964 fax
tara. macpherson4ricdenr.ctov
127 Cardinal Drive Ext
Wilmington, NC 28405
Email correspondence to and from this address is subject to the
North Carolina Public Records Law and may be disclosed to third parties.
From: MacPherson, Tara
Sent: Friday, May 21, 2021 10:43 AM
To: Johnson, Charlie E <[e-mail]>; olin furr <[e-mail]>; Jimmy HOA
<[e-mail]>
Cc: Martin, Carl <[e-mail]>; Alan Griffin <[e-mail]>
Subject: RE: [External] Carolina Beach Yacht Club & The Town of Carolina Beach
Hi All,
The Division of Coastal Management (DCM) has not received a complete permit application for the placement of this
structure at Carolina Beach Marina and Yacht Club. Once the permit application is received and is determined to be
complete there will be at least a 75 day review period. All Major Permit applications are reviewed by 10 state agencies,
4 federal agencies and the local government.
We were informed on 5/13/21 by CBYC, LLC that they are modifying the proposed placement of the Barge Structure and
are now waiting on confirmation of updated Adjacent Riparian Property Owner notifications.
Thank you,
Tara
Tara MacPherson
Wilmington Region District Manager
NC Division of Coastal Management
Department of Environmental Quality
RECEIVED
DEC 22 2021
DCM-MHD CITY

910 796-7266 office
910 395-3964 fax
tara. macphersonCa)ncdenr.00v
127 Cardinal Drive Ext
Wilmington, NC 28405
Email correspondence to and from this address is subject to the
North Carolina Public Records Law and may be disclosed to third parties.
From: Johnson, Charlie E
Sent: Friday, May 21, 202110:33 AM
To: olin furr <[e-mail]>; Jimmy HOA <[e-mail]>; MacPherson, Tara
<tara.macpherson@ ncdenr.gov>
Cc: Martin, Carl <Carl. Martin@ ncdoi.gov>; Alan Griffin <[e-mail]>
Subject: RE: [External] Carolina Beach Yacht Club & The Town of Carolina Beach
Mr. Furr,
Thank you.for the pictures. There has been a change in our plans for the site visit on Tuesday. Due to a scheduling
conflict, we will not be able to conduct the site visit that day. We possibly may have some staff visit on Wednesday, but
it has not been confirmed. If we're not able to go on Wednesday, we will plan a visit in early June.
Do you know when this barge is scheduled to be back on site in Carolina Beach?
CharileJohnson
Chief Fire Code Consultant
Engineering Division
N.C. Department of Insurance
Office of State Fire Marshal
1202 Mail Service Center
114 Raleigh, NC 27699-12o2
gig.647.0094
From: olin furr <[e-mail]>
Sent: Friday, May 21, 202110:22 AM
To: Johnson, Charlie E <[e-mail]>; Jimmy HOA <[e-mail]>; MacPherson, Tara
<tara.macpherson@ ncdenr.gov>
Cc: Martin, Carl <[e-mail]>
Subject: Re: [External] Carolina Beach Yacht Club & The Town of Carolina Beach
I forgot to add these photos for you to look at.

Hall, Bryan L
From: MacPherson, Tara
Sent: Friday, May 21, 2021 7:37 AM
To: Hall, Bryan L
Subject: FW: [External] 401 Marina St
Tara MacPherson
Wilmington Region District Manager
NC Division of Coastal Management
Department of Environmental Quality
910 796-7266 office
910 395-3964 fax
tara.macpherson(a)ncdenr.aov
127 Cardinal Drive Ext
Wilmington, NC 28405
CBYC Major Permit
Email correspondence to and from this address is subject to the
North Carolina Public Records Law and may be disclosed to third parties.
From: Jeremy Hardison[mailto:[e-mail]]
Sent: Thursday, May 20, 20219:46 AM
To: Mairs, Robb L <[e-mail]>
Cc: MacPherson, Tara <[e-mail]>; Miles Murphy<[e-mail]>
Subject: [External] 401 Marina St - CBYC Major Permit
eno ION: Exxternal email. Do not click linoirliPen attachments unless you verify. Send all suspicious email as an attachment t Spam. Is
Hi Robb,
With the level of the adjacent property owners scrutiny of the proposed project the Department of Insurance Deputy
Director, Carl Martin and the State Fire Marshal, Charlie Johnson will be down here to take a look at the property and
proposal on May 25th at 10 a.m. We are meeting at the fire station for a briefing and then heading on site. Let me
know if you would like to join us. If not, I will update you after as far as consistency with the building and fire codes with
the proposal.
Thanks,
Jeremy Hardison
Planning Director
1121 N. Lake Park
Carolina Beach NC
RECEIVED
DEC 2 2 ZOZI
DCM-MHD CITY

If you have time to look at it the Bar/Grill Barge is almost finished and is located at 318 Battleship Rd. In
Wilmington. It is sitting in the water and will be towed back to Carolina Beach when finished. I
appreciate your help and thank you for coming to look at the situation.
Sent from Yahoo Mail for iPhone
On Thursday, May 20, 2021, 7:46 AM, Johnson, Charlie E <[e-mail]> wrote:
Mr. Sanderford,
Carl Martin, Deputy Commissioner of Engineering, and I are planning to visit the site
next Tuesday to evaluate code issues related to the structures in question.
Once we complete our site visit, I'll be happy to follow up with you to discuss our
findings.
Charlie Johnson
Chief Fire Code Consukant
Engineering Division
N.C. Department of Insurance
Office of State Fire Marshal
1202 Mal Service Center
Raleigh, NC 27699-1202
919.647.0094
From: Jimmy HOA <[e-mail]>
Sent: Saturday, May 15, 20218:01 AM
To: MacPherson, Tara <tara.macpherson@ncdenr.¢ov>; Johnson, Charlie E
<charlie.iohnson@ ncdoi.gov>
Cc: Win furr' <[e-mail]>
Subject: [External] Carolina Beach Yacht Club & The Town of Carolina Beach
I CAUTION: External email, Do rid
suspicious email as an attachmei
Tara / Charlie:
I am writing both of you concerning the floating structure in Carolina Beach Yacht Club
in Carolina Beach, NC. Both of you work in different parts of the state government, Tara
with DEQ and Charlie with The Department of Insurance. The Town of Carolina Beach
(TOCB) and Carolina Beach Yacht Club is ignoring both their responsibilities that fall
under each of your departments. The citizens in this area have lost faith that the Town
of Carolina Beach will follow the town ordnances or state laws. As I said in the previous
email, they have a track record of following the laws if it meets their purpose and
ignoring them if they do not.
' aECE�VED
DED 22 2021
DCM"MHO c,'f K

Tara I would like to address your letter dated July 17, 2020 which is attached. You stated
in your letter an application for a permit must be submitted before August 17, 2020 but
a time extension could be granted. On 6/29/20 the following occurred: Tara
MacPherson to Miles Murphy "ok but this is not a vessel and it requires DCM
authorization for it to go in the marina." You told the Town of Carolina Beach this is not
a floating vessel and not to allow it into the marina. The TOCB ignored you and allowed
the floating structure in the marina. Nine months later the TOCB nor CBYC has complied
with any of your request.
Charlie, you have directed the town, but they are ignoring you also because they are
calling this a vessel. This is based on 15A NCAC 07M .0602 DEFINITIONS and your
statement that an inspection was needed for permanent structures. Again, I am
asking you to evoke Article 11, Building Code Enforcement, section § 160D-
1102. Building code administration. "In the event that any local government
fails to provide inspection services or ceases to provide such services, the
Commissioner of Insurance shall arrange for the provision of such services, either
through personnel employed by the department or through an arrangement
with other units of government." If I need to write directly to the NC Insurance
Commissioner to evoke this Article, please let me know.
The Town does as they please and the only recourse the citizens have is through
the state agencies. I need a response from each of you what measures you will
be taking to ensure the State of North Carolina Laws are followed. Due to this
going on for some time I hope to hear from both of you mid -week.
Thanks
James Sanderford, PE

Hall, Bryan L
From: MacPherson, Tara
Sent: Monday, May 10, 2021 8:21 AM
To: Hall, Bryan L
Subject: FW: [External] Fw: complete project info
Tara MacPherson
Wilmington Region District Manager
NC Division of Coastal Management
Department of Environmental Quality
910 796-7266 office
910 395-3964 fax
tara. macpherson(ancdenr.cov
127 Cardinal Drive Ext RECEIVED
Wilmington, NC 28405
Email correspondence to and from this address is subject to the DEC 2 2 2021
North Carolina Public Records Law and may be disclosed to third parties
DCM-MHD CITY
From: [e-mail] [mailto:[e-mail]]
Sent: Friday, May 7, 2021 10:25 PM
To:'olin furr' <[e-mail]>;'Alan Griffin' <[e-mail]>; Johnson, Charlie E
<charl ie.johnson @ ncdoi.gov>; 'Wes Hodges' <[e-mail]>; Oakley, Bruce
<[e-mail]>;'Jeremy Hardison' <[e-mail]>; MacPherson, Tara
<[e-mail]>
Cc: Thompson, Buddy <[e-mail]>
Subject: RE: [External] Fw: complete project info
CAUTION: External email. Do not click links or open attachments unless you verify. Send all susp , a] an attachment
Report 5QJiL
To Al I:
I started my carrier as a Roadway/Transportation Engineer with the sole purpose of ensuring the public safety during the
design process. When I first looked at the CBYC dock design it did not take long to see all the public safety issues. At this
point it was just a matter to substantiate my concerns with the fire code. As everyone has acknowledged a
barge/boat/floating home etc. cannot be permanently attached to a fuel dock. Another issue is a fueling hose cannot
not reach so many feet from an opening. The next issue is the pumps must be so many feet from an access point. I do
not claim to be a fire code expert but during this process I read many articles, reports, and fire codes. Fire Codes just as
building codes are a result of history and many of the most famous fires that killed many helped esS "FOrent
fire code. FtCC
4 07 ?0?i
DCM WILMING'TON, NC

Limited access points and egress issues accounted for a significant number of deaths. There is but one access point off
the bar. The current is very strong, and the waves can be very large at times in this area. There is not a no wake zone in
the waterway which is adjacent to this area. If a fuel pump fire occurs, will there be enough distance for the public to
egress from the bar/barge. With the structure now being 2 stories accommodating more people be able to egress to
safety fast enough.
Has anyone considered the current and a fuel leak? Imagine gas floating on the water and the fuel is ignited around the
barge/bar. The current is strong, and this could happen. This structure is not a boat that can just push off into the
waterway to remove itself from danger.
As I stated the waves are large depending on the type and size of the boats in the waterway. This is not an ideal place for
a fueling dock. The Carolina Beach State Wildlife fueling dock is located within protected area. All the fueling docks in
Wrightsville Beach are in a no wake zone in the waterway. Best Management Practice Manual for North Carolina
Marinas in "On the Dock" section it states, "Locate fueling stations in low -wake zones that are easily accessible" How
this fueling dock was approved in the first place is concerning knowing the size of the waves. Actually, it was denied
initially.
This is not an ideal place for a fuel dock because of the proximity to the waterway which is not a no wake zone. Now
they are considering installing a 2-story floating structure near the waterway with large waves at times near a fueling
dock that probably shouldn't be there either. The first thing lawyers do in a work zone accident is to ensure the signage
is properly installed at the correct distances, A few feet can be the difference in losing or winning. Layers are going to
have a field day if someone is killed or injured if this is approved. Just because there are distances between access points
and fire hazards the criteria might not be accounting for high winds found at the coast, other natural occurrences, and
waves.
James Sanderford, PE
910-264-7811
From: olin furr <[e-mail]>
Sent: Friday, May 7, 2021 2:28 PM
To: Alan Griffin<[e-mail]>; Charlie E. Johnson <[e-mail]>; Wes Hodges
<[e-mail]>; James Sanderford <[e-mail]>; Bruce Oakley
<Bruce.Oakley@caroIinabeach. org>; Jeremy Hardison<][e-mail]>; Tara MacPherson
<tara.macpherson @ncdenr.gov>
Cc: Buddy Thompson <buddy.thompson(@carolinabeach.org>
Subject: Re: [External] Fw: complete project info
Thankyou
Sent from Yahoo Mail for Fhone
On Friday, May 7, 2021, 2:22 PM, Alan Griffin<[e-mail]> wrote:
An overview of the plans review is that nothing could be moored to the designated fuel areas. If he adds
on to the docks, the new docks could not have fueling operations and the barge operation. He will have
to separate the two operations from each operation, or he could choose to do one operation or the
other, hope this helps.

Hall, Bryan L
From:
Sent:
To:
Subject:
Please print these for the file!
MacPherson, Tara
Friday, May 7, 2021 2:25 PM
Hall, Bryan L
FW: [External] Fw: complete project info
Tara MacPherson
Wilmington Region District Manager
NC Division of Coastal Management
Department of Environmental Quality
910 796-7266 office
910 395-3964 fax
tara. macpherson(o)ncdenr.cov
127 Cardinal Drive Ext
Wilmington, NC 28405
Email correspondence to and from this address is subject to the
North Carolina Public Records Law and may be disclosed to third parties.
From: Alan Griffin[mailto:[e-mail]]
Sent: Friday, May 7, 2021 2:22 PM
To: olin furr <[e-mail]>; Johnson, Charlie E <[e-mail]>; Wes Hodges
<[e-mail]>; James Sanderford <[e-mail]>; Oakley, Bruce
<[e-mail]>; Jeremy Hardison<jeremy. [e-mail]>; MacPherson, Tara
<ta ra. macpherson@ ncdenr.gov>
Cc: Thompson, Buddy <[e-mail]>
Subject: RE: [External] Fw: complete project info
UTION: External email. Do not click links or open attachments unless you verify. Send all suspicious email as an attachment to
ort Spam.
An overview of the plans review is that nothing could be moored to the designated fuel areas. If he adds on to the docks,
the new docks could not have fueling operations and the barge operation. He will have to separate the two operations
from each operation, or he could choose to do one operation or the other, hope this helps.
-7'&W grw1PaGE1vEp
Fire Chief
Carolina Beach Fire Department 22 2� SEC
910-458-2985 Office pE� A
910-409-1014 Cell pcM.MHp CITY 40 lZI 7(' NC
DCMWtLMtt�►C9jCN.

From: olin furr <[e-mail]>
Sent: Friday, May 7, 2021 2:08 PM
To: Alan Griffin<[e-mail]>; Charlie E. Johnson <[e-mail]>; Wes Hodges
<[e-mail]>; James Sanderford <[e-mail]>; Bruce Oakley
<[e-mail]>; Jeremy Hardison<[e-mail]>; Tara MacPherson
<tara. macPherson @ncdenr.gov>
Cc: Buddy Thompson <buddy.thompson@carolinabeach`.org>
Subject: Re: [External] Fw: complete project info
Bgr daJsed. This emailioriglnated;from outslde,of thepTowmioffiarolina Beach, NG
Can you share what he was told he could and couldn't do in the fuel docks?
Sent from Yahoo Mail for iPhone
On Friday, May 7, 2021, 1:46 PM, Alan Griffin <[e-mail]> wrote:
Mr. Furr,
We have meet with the property owner and reviewed his future plans, he has been given clear direction
on what he is allowed, and not allowed to do with the floating docks and fueling area. Given that he has
not brought the barge back and tied it to the docks there is nothing for us to inspect or a violation, if he
chooses to bring the barge back and tie it to the fuel docks, we will inspect the property for the violation
and enforce any fire code violation that occur, hope this helps.
Alan Griffin
Fire Chief
Carolina Beach Fire Department
910-458-2985 Office
910-469-1014 Cell
From: olin furr <[e-mail]>
Sent: Friday, May 7, 2021 12:10 PM
To: Alan Griffin<[e-mail]>; Charlie E. Johnson <[e-mail]>; Wes
Hodges <whodAes(0hcpplaw.com>; James Sanderford <[e-mail]>; Bruce Oakley

<[e-mail]>; Jeremy Hardison<[e-mail]>; Tara
MacPherson <[e-mail]>
Subject: Fw: [External] Fw: complete project info
.'' Be Advised: This email originated'from outside of the town of Carolina Beach, NC t
Below you will see an email to Charlie Johnson from December 17, 2019 expressing our concerns about
fire code violations at the CBYC floating Bar/Grill barge project. Since that time the CUP has been issued
with additional requirements that all local, state and federal regulations must be followed. Charlie
Johnson was told once the CUP was issued building permits could be applied for along with construction
plans. This is not what is happening! On May 4th CBYC moved the empty barge from the fuel dock to
Weeks Dredging facility in Wilmington. At this location 2 sections of a prefab building were delivered on
flatbed trucks and will be mounted on the barge. According to Arthur Malfass of New Hanover county
inspection dept. he does not have jurisdiction over floating vessels. Arther also does the inspections for
Carolina Beach, therefore there will be no inspections. When they finish up fitting the barge it will be
brought back to the fuel dock and tied up. Recently Oceana Marina Assoc. replied to a CAMA riparian
letter that was sent to us by CBYC. They are asking to extend the fuel dock and add a moored
vessel(bar/grill) to the fuel dock. They also refer to the barge as a floating platform. As it happened
concerning the floating house that was allowed by Town officials ,no play on words should be allowed
concerning this project. The loss of life that is possible when you combine dining, drinking and hanging
out within a few feet of boats being fueled is sobering. There is no where to flee if a fire erupts. Chapter
23 of the fire code is clear, permanently mooring or attaching anything to the fuel dock is prohibited.
Only essential ship stores are allowed on a fuel dock. It is a dangerous place. This marina operates under
CAMA permit 159-02 which specifically states "no permanent mooring is allowed on the fuel dock".
Under this permit the entire dock is considered the fuel dock so permanent mooring is not allowed
anywhere. From where I stand this project as it currently is presented is in violation of N.C. Fire Code
2310.3.1 and 2310.5.4. 1 would like you an Charlie to give your opinion on the matter. Time is of the
essence. Thank you!
Sent from Yahoo Mail for iPad
Begin forwarded message:
RECEIVED
On Thursday, May 6, 2021, 3:43 PM, olin furr <[e-mail]> wrote:
DEC 2 2 2021
DCM-MHD CITY
Sent from Yahoo Mail for Pad
Begin forwarded message: �ECEIVEC
On Thursday, August 6, 2020, 5:12 PM, olin furr <olintfurrCu)yahoo.com>
wrote:
ACM V�]ILMtN�'TON' NG

Sent from Yahoo Mail for iPad
Begin forwarded message:
On Tuesday, December 17, 2019, 8:15 AM, Johnson, Charlie E
<charlie.iohnsonna.ncdoi.Qov> wrote:
Mr. Furr,
I forwarded your email to Carolina Beach Fire Chief
Alan Griffin yesterday and he contacted me about
this project. He advised that the project is only
going through the process for a Conditional Use
Permit (CUP) at this time, as required by zoning. If
the CUP is issued, then a building permit
application can be submitted along with
construction plans for the project.
The sections mentioned in your earlier email from
Chapter 23 of the North Carolina Fire Code, along
with all other applicable code requirements, will
need to be considered before a building permit can
be issued for this project.
There are obviously some code considerations that
will need to be addressed if the CUP is issued and
Chief Griffin advised that would review the plans for
code compliance when they are submitted for this
project.
Please let me know if I can be of any additional
assistance to you.
Charlie Johnson
Chief Fire Code Consultant
Engineering Division
N.C. Department of Insurance
Office of State Fire Marshal
1202 Mail Service Center
Raleigh, NC 27699-1202
919.647.0094

From: olin Purr <olintfurr(a)vahoo.com>
Sent: Tuesday, December 10, 2019 4:50 PM
To: Johnson, Charlie E
<charlie.iohnsonCcDncdoi.aov>; James Sanderford
<iksanderfordhoaCa)amail. com>
Subject: [External] Fw: complete project info
There are 25 pages but you can look at everything
about the project
Sent from Yahoo Mail for Pad
Begin forwarded message:
On Tuesday, December 10, 2019. 4:44 PM, olin
furr <olintfurrOyahoo.com> wrote:
hftps://carolinabeach.civicweb.net/do
cument/14299/Consider0/620a%20C
F0689691444D6868A35DB05E5093
C
Sent from Yahoo Mail for Pad
RE.GEIVEp
DEC 22 2�2f
pCM.MHp GITY
F2ECENED
MAY 01 2021
DCM WILMtNGTON, NC
5

Hall, Bryan L
From: MacPherson, Tara
Sent: Wednesday, May 12, 2021 9:12 AM
To: Mairs, Robb L; Hall, Bryan L
Subject: FW: [External] RE: Floating Home
Tara MacPherson
Wilmington Region District Manager
NC Division of Coastal Management
Department of Environmental Quality
910 796-7266 office
910 395-3964 fax
tara.macpherson cDncdenr.gov
127 Cardinal Drive Ext
Wilmington, NC 28405
Email correspondence to and from this address is subject to the RECEIVED
North Carolina Public Records Law and may be disclosed to third parties.
DEC 22 2021
DCM-MHD CITY
From: Jimmy HOA [mailto:[e-mail]]
Sent: Tuesday, May 11, 20219:41 PM
To: 'Darrel Johnson'<[e-mail]>
Cc: 'Jeremy Hardison'<[e-mail]>;'Alan Griffin' <[e-mail]>; Johnson,
Charlie E <[e-mail]>; MacPherson, Tara <[e-mail]>; 'Wes Hodges'
<[e-mail]>
Subject: [External] RE: Floating Home
CAUTION: External email. Do not click links or open attachments unless you verify. Send all suspicious email as an attachment to
Report Spam.
Darrel,
Thank you for your reply. First this is not a vessel it is a floating structure. I understand in the Carolina Beach
dictionary anything that has a vessel number is considered a vessel however the rest of world does not agree.
Secondly if you read carefully what Charlie Johnson stated : "As you know, a floating marine vessel is not
required to comply with building codes unless it is permanently in place". CAMA, a state agency has defined
this as a floating structure. 15A NCAC 07M .0602 DEFINITIONS." (b) A "floating structure" is any structure, not
a boat, supported by a means of flotation, designed to be used without a permanent foundation, which is
used or intended for human habitation or commerce. A structure will be considered a floating structure when
it is inhabited or used for commercial purposes for more than thirty days in any one location. A boat may be
deemed a floating structure when its means of propulsion has been removed or rendered inoperative and it
contains at least 200 square feet of living space area." (All of this applies in this situation). Third it has no

means of propulsion. Forth it is has been permanently moored in the same location for approximately 9
months with a piling that is driven into the mud and attached to the platform to keep it from moving. It is
currently being used as an office and has no CAMA permit or town permit.
Carolina Beach has a track record of doing as it pleases. Case is point is dumping contaminated material on
MOTSU Army Property. This is but one example of many. If something goes wrong at the marina and a fire
starts due to fire code violation, you're not the one that will be attending the funerals, you want be the one
that loses their property, and you want be the one flipping the bill when the lawsuits start, it will be the tax
payers of Carolina Beach which includes me.
New Hanover County only inspects in Carolina Beach once it receives proper paperwork from your dept. The
inspections are applicable and should proceed immediately. I hope you reconsider your position.
Mr. Charlie Johnson if the Town of Carolina Beach stands in it position that this is a vessel and not a
permanent floating structure, I would like to evoke Article 11, Building Code Enforcement, section § 160D-
1102. Building code administration. "In the event that any local government fails to provide inspection
services or ceases to provide such services, the Commissioner of Insurance shall arrange for the provision of
such services, either through personnel employed by the department or through an arrangement with other
units of government." Mr. Johnson, I have been fighting for safety in two planning board meeting, a town
council meeting, and now. I think to ensure the safety of the citizens I see no other course than the
Department of Insurance to take over.
Thanks
James Sanderford, PE
From: Darrel Johnson <[e-mail]>
Sent: Tuesday, May 11, 2021 10:16 AM
To: James Sanderford <[e-mail]>
Cc: Jeremy Hardison<[e-mail]>; Alan Griffin<[e-mail]>; Johnson,
Charlie E <[e-mail]>
Subject: RE: Floating Home
Mr. Sanderford
To answer your question that you asked about the Electrical, Plumbing, etc, the answer is no I have not inspected those
trades. The would be inspected by New Hanover County if the inspections were applicable. As stated by Charlie
Johnson from NCDOI OSFM: "As you know, a floating marine vessel is not required to comply with building codes unless
it is permanently in place or service systems are installed, such as plumbing, electrical, etc". The floating home does not
have permanent connections at this time and is exempt from the requirements of the Codes.
Respectfully
Darrel Johnson
1121 N. Lake Park Blvd
Carolina Beach, NC 28428
Office 910-458-8238
Cell 910-547-1640
Fax [phone]
Email: [e-mail]
RECEIVED
DEC 2 2 2021
DCM-MHD CITY

From: James Sanderford <[e-mail]>
Sent: Monday, May 10, 2021 10:45 PM
To: Darrel Johnson<[e-mail]>
Subject: Floating Home
Be Advised: This email originated from outside of the Town of Carolina Beach, NC
Darrel
According to Charlie Johnson with the State Fire Marshall's office an inspection has to be done on the floating home at
the Carolina Beach Yacht Club. Can you tell me if an inspection has been done? Electrical, Plumbing, etc
Thanks
James Sanderford, PE
RECEIVED
DEC 2 2 2021
DCM-MHD CITY

Hall, Bryan L
From: Goebel, Christine A
Sent: Monday, June 14, 2021 11:48 AM
To: MacPherson, Tara; Hall, Bryan L
Subject: RE: [External] Carolina Beach Yacht Club & The Town of Carolina Beach
We need the town's sign off of them as the Town's agent if it's on town property. If they don't have that, we have a
problem with an application. So they need to work that out with the town now or redesign.
From: MacPherson, Tara
Sent: Monday, June 14, 2021 11:08 AM
To: Goebel, Christine A <[e-mail]>; Hall, Bryan L <[e-mail]>
Subject: Re: [External] Carolina Beach Yacht Club & The Town of Carolina Beach
They are proposing work on town property and the town's response sounds like they will approve it only if it
doesn't impact them ever. And with stormwater etc bua issues I don't know that we can guarantee that so would
we allow them to work on town property?
Get Outlook for iOS
From: Goebel, Christine A <[e-mail]>
Sent: Monday, June 14, 2021 10:59:01 AM
To: MacPherson, Tara <[e-mail]>; Hall, Bryan L <[e-mail]>
Subject: RE: [External] Carolina Beach Yacht Club & The Town of Carolina Beach
I read through this and am not sure why we couldn't process a major?
From: MacPherson, Tara
Sent: Monday, June 14, 20218:21 AM
To: Hall, Bryan L <[e-mail]>; Goebel, Christine A <[e-mail]>
Subject: FW: [External] Carolina Beach Yacht Club & The Town of Carolina Beach
Morning Christy, Given the information attached and below, if this is what they are proposing, how do we even proceed
with processing a CAMA Major Permit?
Tara MacPherson
Wilmington Region District Manager
NC Division of Coastal Management
Department of Environmental Quality
910 796-7266 office
RECEIVED
910 395-3964 fax
tara.macoherson(o)ncdenr.aov
DEC 22 Z021
127 Cardinal Drive Ext
Wilmington, NC 28405
DCM-MHD CITY
Email correspondence to and from this address is subject to the
North Carolina Public Records Law and may be disclosed to third parties.

From: Johnson, Charlie E
Sent: Monday, June 14, 2021 7:50 AM
To: olin Purr <olintfurr(ZDyahoo.com>; James Sanderford <][e-mail]>; MacPherson, Tara
<[e-mail]>
Cc: Martin, Carl <Carl.Martin @ncdoi.gov>; 'Alan Griffin' <[e-mail]¢>
Subject: RE: [External] Carolina Beach Yacht Club & The Town of Carolina Beach
Mr. Furr,
I have provided a response to each of your questions below in red.
Please let me now if additional assistance is needed.
Chu% Pohnson
ChiefftmCode consultant
E Dhidan
N.C. Department of imuranoe
Office of State Fire Marshal
12oz Mai Service Center
Raleigh, NIC 27694)-1202
i 919.647.0094
From: olin furr <[e-mail]>
Sent: Thursday, June 3, 2021 10:55 AM
To: Johnson, Charlie E <[e-mail]>; James Sanderford <[e-mail]>;
Tara <[e-mail]>
Cc: Martin, Carl <[e-mail]>; 'Alan Griffin' <[e-mail]>
Subject: Re: [External] Carolina Beach Yacht Club & The Town of Carolina Beach
MacPherson,
I am hoping you can help me get answers to these questions or point me in the right direction.
1. After speaking to Darrell Johnson(CB building inspector) he informed me that if the barge has a NC Wildlife
registration they will consider it a vessel and no inspections will be performed. CB does issue building permits but New
Hanover County gets a copy and they do all plumbing and electrical inspections. I can assure you CB has no intentions of
requiring a building permit for this floating structure therefore New Hanover County will not get notice to inspect. LAMA
will designate it a floating structure under 15A NCAC 07M .0602. Just like they did for the floating house structure that
was brought in last summer which has never been issued a building permit or a CAMA permit but is being used as an
office and sleeping quarters and has never been inspected. CB says it is a vessel and CAMA says it is a floating
structure. My question is who designates and has authority over what this structure is called and how it is regulated? I
have been told CAMA is that entity because without a CAMA permit nothing can be approved. CB ignores the CAMA
designation. As I've stated before, a floating marine vessel is not required to comply with building codes unless it is
permanently in place or service systems are permanently installed, such as plumbing and electrical. As for you specific
question about authority, multiple agencies could potentially have authority depending on how the vessel is used.
2. This structure is being built in wilmington and will be towed to CB. Someone should be inspecting this commercial
building as it is being built. It is not a vessel per CAMA and common sense. It is not used to travel from place to place by
water per vessel definition. It gets towed and will be anchored to the bottom by four spuds, attached to dock and will sit
in the same spot for years. It is a Bar/ Grill and ship store on a platform inhabited for commercial purposes. According to

New Hanover County inspection they consider this a modular unit and an approved third party inspector must inspect it.
Can you tell me who that is an if it is happening? A proper inspection cannot be made after it is built. I have no
knowledge of who that third party inspector is. If this structure is being built within New Hanover's jurisdiction, they
should be able to provide you with that information. If it's a code regulated structure being constructed, a building
permit should have been issued.
3. 1 do not understand the rationale for waiting til it arrives. Will walls be torn open to inspect wiring and plumbing runs?
My comment about waiting until it arrives was based on my response to the question 1 above. Until the vessel is
permanently installed, the building code doesn't apply.
4. They recently submitted the third LAMA application. Now they are wanting to extend the dock 180' but use it for
parking and limit fueling to the first 235' dock so they can say the platform is not attached to the fuel dock and dodge
the fire code. Now the dock addition where the majority of people will be located has no egress in case of a fire or other
catastrophe. They are trapped. Does this seem safe and follow the intent of our fire code? See my attached response to
Chief Alan Griffin on March 10, 2021 regarding this issue.
Thank you for your help and I appreciate the time you have spent on this.
Sent from Yahoo Mail for iPad
On Thursday, June 3, 2021, 9:20 AM, Johnson, Charlie E <[e-mail]> wrote:
Mr. Furr,
If this "floating structure" is proposed to be docked at the marina in Carolina Beach, the building code
enforcement would be handled by Carolina Beach and not New Hanover County, assuming it will not
remain as a vessel.
No, I have not scheduled a site visit yet. I don't think it would be beneficial to look at the site until this
vessel is in place.
Please let me know if additional assistance is needed.
Charlie Johnson
Chief Fire Code Coruuhant
Engineering Division
q4? N.C. Department of Innrana�
Office of State Fire MardW
1202 Mail ServiceCenter
Raleigh. INC 276cn-im
9i9.647.0094 RECEIVED
DEC 2 2 2021
DCM-MHD CITY.

From: olin furr <[e-mail]>
Sent: Wednesday, June 2, 2021 10:41 AM
To: Johnson, Charlie E <[e-mail]>; James Sanderford <[e-mail]>;
MacPherson, Tara <[e-mail]>
Cc: Martin, Carl <[e-mail]>; 'Alan Griffin'<[e-mail]
Subject: Re: [External] Carolina Beach Yacht Club & The Town of Carolina Beach
Charlie,
I talked to New Hanover County inspection Dept and was told that the structure would be
considered modular and would use an approved third party inspector. Can you find out who that might
be if there is one ? Also have you scheduled a date to visit?
Sent from Yahoo Mail for iPad
On Monday, May 31, 2021, 12:10 PM, Jimmy HOA <[e-mail]> wrote:
Tara:
The question at hand that I have brought up numerous times is why on 6/29/20
the following occurred: Tara MacPherson to Miles Murphy "ok but this is not a
vessel and it requires DCM authorization for it to go in the marina."
Does the floating structure have DCM authorization?
Second question if it does not had DCM why is it still there after you warned
Carolina Beach for the structure not to enter the marina?
There is allot of discussion in 15A NCAC other than a floating structure is allowed
in a marina.
Is this this structure potential risks to human life or property?

Does this structure impacts on the human environment including noise, visual
impacts, and financial impacts to the surrounding property?
How will this structure be secured during a hurricane so as to not damage the
surrounding property?
To summarize none of these have been addressed because CBYC does not
have an active permit according to your email almost a year ago. Is this the
reason you warned CB not allowed the floating structure in the marina?
I look forward to your response.
Thanks
James Sanderford, PE
From: MacPherson, Tara<tara.macpherson(ancdenr.gov>
Sent: Wednesday, May 26, 2021 3:06 PM
To: Jimmy HOA <iksanderfordhoa(agmail.com>; Johnson, Charlie E
<charlie.iohnsonCcDncdoi.gov>; 'olin fury' <olintfurr(cilyahoo.com>
Cc: Martin, Carl <Carl.Martin(cDncdoi.gov>; 'Alan Griffin'
<alan.griffin()carolinabeach.org>
Subject: RE: [External] Carolina Beach Yacht Club & The Town of Carolina
Beach
Hi Mr. Sanderford,
RECEIVED
DEC 22 Ml
DCM-MHD CITY
A Notice of Regulatory Requirements (NORR) was issued to CBYC, LLC on
7/15/20 for placement of the unauthorized floating structure within Carolina
Beach Yacht Club. The NORR required CBYC, LLC to submit a CAMA major
permit application seeking authorization to locate the structure within a permitted
marina. The floating structure, per 15A NCAC 7M .0603, can be permitted if it is
kept within a permitted marina under CAMA. We most recently reviewed a Major

Permit Application submitted by CBYC, LLC on 2/10/21 to determine if the
application was complete in accordance with various rule requirements. The
Major Permit Application included a proposed barge, floating dock expansion,
upland modifications along with the permanent installation of the floating
structure. We attended a scoping meeting with multiple agencies and the Town
on 2/22/21 to review the proposal after submittal. Following additional information
requests and some drawing modifications, an updated application was submitted
on 3/26/21. New drawings were again submitted to DCM on 5/13/21 reflecting a
change in placement of a proposed barge/ships store, and the applicant is in the,
process of re -notifying the adjacent property owners of this proposed change. In
summary, DCM does not yet consider this structure to be in compliance with
state rules because a CAMA permit is required; however, the necessary permit
application is in process.
Thank You,
Tara
Tara MacPherson
Wilmington Region District Manager
NC Division of Coastal Management
Department of Environmental Quality
910 796-7266 office
910 395-3964 fax
tara.macoherson(ncdenr.00v
127 Cardinal Drive Ext
Wilmington, NC 28405
Email correspondence to and from this address is subject to the
North Carolina Public Records Law and may be disclosed to third parties.

From: Jimmy HOA fmailto:iksanderfordhoaCtDgmail.coml
Sent: Tuesday, May 25, 2021 9:38 PM
To: MacPherson, Tara <tara.macoherson(a)ncdenr.gov>; Johnson, Charlie E
<charlie.iohnsonCDncdoi.gov>; 'olin furr' <olintfurr(cDvahoo.com>
Cc: Martin, Carl <Carl.Martin(cDncdoi.gov>; 'Alan Griffin'
<alan. griffin(ccDcarolinabeach.org>
Subject: RE: [External] Carolina Beach Yacht Club & The Town of Carolina
Beach
CAU I mal enifto un
all suspicious email as an attachment to }7e'�o'it
Charlie / Tara:
Charlie thank you for responding and doing your job. I would like to bring one
thing to your attention that a former Oceana Board Member reminded me
off. Both Oceana and Carolina Beach Yacht Club (CBYC) share the same
marina that was constructed at the same time. The Carolina Beach Fire
Department (CBFD) stated a few years back we need to replace our marina fire
system and we did. We were told by the CBFD CBYC had to replace their
system also. When we inquired about this later CBFD said CBYC marina system
was fine. How did Ocean's need replacing and CBYC need replacing then RECEIVED
suddenly it is fine? Could you please inspect CBYC fire system at the marina
also. DEC 2 2 2021
DCM-MHD CITY
Tara I been preaching in every email the Town of Carolina Beach (TOCB) does
as they please. I have attached a chain of emails between a former Oceana
Homeowner, Miles Murphy with TOCB, and yourself. To summarize Mile Murphy
said the floating structure was going to be allowed to enter the marina because it
had a vessel number and you replied on 6/29/20 to Miles Murphy "ok but this is
not a vessel, and it requires DCM authorization for it to go in the marina." You
specifically told the TOCB not to allow the floating structure in the marina
because it required DCM authorization. It has been 9 months illegally parked in
the marina. The TOCB disregarded your authority and allowed the structure to
enter the marina and your department has done nothing to correct the situation.
We have an uninspected floating structure without authorization that could be a
fire hazard or safety hazard that the TOCB refuses to inspect and your
department has does nothing to correct the situation. Tara I need an answer in 5
working days what measures you are going take to correct this.

The last issue is the barge / bar that is proposed the fueling dock. Just because
you extend the fueling dock and place the barge at the end does not mean it is
safe. Attached is' statistics regarding Factors to Contribute to Civilian Fire
Fatalities: 16.8% Escape Problems and 19.8% Egress Problems. Just because
you extend a dock how are the people going to be able escape / egress if the
fueling dock is between them and land and catches on fire? Jump on rocks filled
with Oyster Shells or jump in the water with a very strong current that could carry
them directly into the fire. The only way to safeguard the public is for CBYC to
decide, have a fueling dock or a barge / bar. Not both. The existing permit does
not allow it nor does the fire code.
Thanks
James Sanderford, PE
From: MacPherson, Tara <tara.macpherson(a)ncdenr.gov>
Sent: Friday, May 21, 2021 10:43 AM
To: Johnson, Charlie E <charlie.iohnson aancd L ov>; olin furr
<olintfurr(o)yahoo.com>; Jimmy HOA <iksanderfordhoa(oD-gmail.com>
Cc: Martin, Carl <Carl.Martin(a)ncdoi.gov>; Alan Griffin
<alan.griffin ancarolinabeach.org>
Subject: RE: [External] Carolina Beach Yacht Club & The Town of Carolina
Beach
mm
The Division of Coastal Management (DCM) has not received a complete permit
application for the placement of this structure at Carolina Beach Marina and
Yacht Club. Once the permit application is received and is determined to be
complete there will be at least a 75 day review period. All Major Permit
applications are reviewed by 10 state agencies, 4 federal agencies and the local
government.
We were informed on 5/13/21 by CBYC, LLC that they are modifying the
proposed placement of the Barge Structure and are now waiting on confirmation
of updated Adjacent Riparian Property Owner notifications.

Thank you,
Tara
Tara MacPherson
Wilmington Region District Manager
NC Division of Coastal Management
Department of Environmental Quality
910 796-7266 office
910 395-3964 fax
tara. macoherson(@ncdenr.aov
127 Cardinal Drive Ext
Wilmington, NC 28405
Email correspondence to and from this address is subject to the
North Carolina Public Records Law and may be disclosed to third parties.
From: Johnson, Charlie E
Sent: Friday, May 21, 2021 10:33 AM
To: olin furr <olintfurrCDvahoo.com>; Jimmy HOA
<iksanderfordhoa(d)gmail.com>; MacPherson, Tara
<tara. macphersonCDncdenr. Qov>
Cc: Martin, Carl <Carl.Martin(cDncdoi.Qov>; Alan Griffin
<alan. Q riffinCrDcarolinabeach. oro>
Subject: RE: [External] Carolina Beach Yacht Club & The Town of Carolina RECEIVED
Beach
DEC 22 2021
DCM-MHD CITY

Mr. Furr,
Thank you for the pictures. There has been a change in our plans for the site visit
on Tuesday. Due to a scheduling conflict, we will not be able to conduct the site
visit that day. We possibly may have some staff visit on Wednesday, but it has
not been confirmed. If we're not able to go on Wednesday, we will plan a visit in
early June.
Do you know when this barge is scheduled to be back on site in Carolina Beach?
Charilejohnson
Chief Fire Code consultant
EngineeringOlvlston
1104? N.C. Department of insurance
Office of State Fire Marshal
uox Mal Service Center
Raleigh, NC 27699i2o2
9i9.647.0099
From: olin fury<olintfurro)yahoo.com>
Sent: Friday, May 21, 2021 10:22 AM
To: Johnson, Charlie E <charlie.iohnson(a.ncdoi.gov>
<0ksanderfordhoa(lgmail. corn ; MacPherson, Tara
<tara.macoherson(@ncdenr.gov>
Cc: Martin, Carl <Carl.Martin(a)ncdoi.gov>
Subject: Re: [External] Carolina Beach Yacht Club &
Beach
I forgot to add these photos for you to look at.
Jimmy HOA
The Town of Carolina
10

RECEIVED
DEC 2IVOZ1
DCM-MW

RECEIVED
DEC 22 2021
DCM-MHD CITY
w

Sent from Yahoo Mail for Phone
On Thursday, May 20, 2021, 10:42 AM, olin furr <olintfurr(c)yahoo.com>
wrote:
Thank you ! I have a question maybe you can help me answer. I
have been asking who will inspect the Bar/Grill Barge that is being
14

built as we speak. New Hanover County says they don't inspect
floating structures. Town of Carolina Beach says no. Coast Guard
said they don't do inspections. Corps of Engineers says they only
look at main channel issues snd depend on CAMA application to
take care of it. CAMA does not do building inspections. The New
Hanover County Health Dept says they will inspect for food
service if they are cooking. So it seems like this is a loop
hole. This will be a permanently moored structure for the
habitation of employees and customers on a daily basis.
If you have time to look at it the Bar/Grill Barge is almost finished
and is located at 318 Battleship Rd. In Wilmington. It is sitting in
the water and will be towed back to Carolina Beach when
finished. I appreciate your help and thank you for coming to look
at the situation.
Sent from Yahoo Mail for iPhone
On Thursday, May 20, 2021, 7:46 AM, Johnson, Charlie E
<charlie.iohnson(ZDncdoi.aov> wrote:
Mr. Sanderford,
Carl Martin, Deputy Commissioner of Engineering,
and I are planning to visit the site next Tuesday to
evaluate code issues related to the structures in
question. O
Once we complete our site visit, I'll be happy to
follow up with you to discuss our findings. V
Qrrdejohnson
Chef Fire Code Consuitw*
Engineering Division
N.C. Department of Insurance
Office of State Fire Marshal
12 o2 Mad Service Center
Raleigh, NC 27699.1202
14? giq.647.0094
From: Jimmy HOA <iksanderfordhoa(@gmail.com>
Sent: Saturday, May 15, 2021 8:01 AM
To: MacPherson, Tara
<tara.macnherson(d)ncdenr.gov>; Johnson, Charlie
E <charlie.iohnson(rDncdoi.gov>
Cc: 'olin fury' <olintfurr(cDvahoo.com>
Subject: [External] Carolina Beach Yacht Club &
The Town of Carolina Beach
Fas
UTION: External email. Do not click links or open
chments unless you verify. Send all suspicious email
an attachment to Report Soam.
Tara / Charlie:
I am writing both of you concerning the floating
structure in Carolina Beach Yacht Club in Carolina
Beach, NC. Both of you work in different parts of
the state government, Tara with DEQ and Charlie
15

with The Department of Insurance. The Town of
Carolina Beach (TOCB) and Carolina Beach Yacht
Club is ignoring both their responsibilities that fall
under each of your departments. The citizens in
this area have lost faith that the Town of Carolina
Beach will follow the town ordnances or state laws.
As I said in the previous email, they have a track
record of following the laws if it meets their purpose
and ignoring them if they do not.
Tara I would like to address your letter dated July
17, 2020 which is attached. You stated in your
letter an application for a permit must be submitted
before August 17, 2020 but a time extension could
be granted. On 6/29/20 the following occurred:
Tara MacPherson to Miles Murphy "ok but this is
not a vessel and it requires DCM authorization for it
to go in the marina." You told the Town of Carolina
Beach this is not a floating vessel and not to allow it
into the marina. The TOCB ignored you and
allowed the floating structure in the marina. Nine
months later the TOCB nor CBYC has complied
with any of your request.
Charlie, you have directed the town, but they are
ignoring you also because they are calling this' a
vessel. This is based on 15A NCAC 07M .0602
DEFINITIONS and your statement that an
inspection was needed'for permanent
structures. Again, I am asking you to evoke
Article 11, Building Code Enforcement, section
§ 160D-1102. Building code
administration. "In the event that any local
government fails to provide inspection services
or ceases to provide such services, the
Commissioner of Insurance shall arrange for
the provision of such services, either through
personnel employed by the department or
through an arrangement with other units of
government." If I need to write directly to the
NC Insurance Commissioner to evoke this
Article, please let me know.
The Town does as they please and the only
recourse the citizens have is through the state
agencies. I need a response from each of you
what measures you will be taking to ensure the
State of North Carolina Laws are
followed. Due to this going on for some time I
hope to hear from both of you mid -week.
Thanks
James Sanderford, PE
16

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