131-83 TX Masonboro Yacht Club & Marina

Permit Class
TRANSFER
STATE OF NORTH CAROLINA
Department of Environment and Natural Resources
and
Coastal Resources Commission
Vertnit
for
X Major Development in an Area of Environmental Concern
pursuant to NCGS 113A-118
X Excavation and/or filling pursuant to NCGS 113-229
Permit Number
131-83
Issued to Masonboro Yacht Club and Marina Inc. 609 Trails End Rd., Wilmington NC 28409
Authorizing development in New Hanover County at Whiskey Creek
as requested in the permittee's letter dated 4/20/05
This permit, issued on April 2007 , is subject to compliance with the application (where consistent
with the permit), all applicable regulations, special conditions and notes set forth below. Any violation of these terms may
be subject to fines, imprisonment or civil action; or may cause the permit to be null and void.
l) This transfer shall be attached to copies of the following attached permit documents, which includes all application forms
and workplan drawings:
a. Permit 131-83, issued to E.G. Lowe (for Masonboro Boatyard and Marina, Inc.) on 9/13/83
b. The minor modification of 8/13/84, 11/14/84, and 2/10/86
c. The renewals 2/15/88, 4/3/89, 3/l/90, 3/6/91, 3/17/92, 4/8/93, 4/7/94, and 4/25/95
d. The 9/5/95 minor modification
e. The 3/31/97 renewal
f. The 11/18/97 minor modification
g. The 4/16/99 renewal
h. The 5/31/01 renewal
i. The 6/7/05 transfer issued to Masonboro Boatworks, LLC
j. The 2/22/06 minor modification and the 2/27/06 minor modification amendment
k. The 6/13/06 minor modification/renewal.
2) Copies of all referenced documents shall be readily available on site when a Division representative inspects the project
for compliance. In accepting this transfer, the new premittee agrees that all conditions and stipulations of the active
permit remain in force.
This permit action may be appealed by the permittee or
other qualified persons within twenty (20) days of the issuing
date. An appeal requires resolution prior to work initiation or
continuance as the case may be.
This permit must be accessible on -site to Department
personnel when the project is inspected for compliance.
Any maintenance work or project modification not covered
hereunder requires further Division approval.
All work must cease when the permit expires on
April 30, 2008
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 of DENR and the
Chairman of the Coastal Resources Commission.
i«--Charles S. Jones, Director
Division of Coastal Management
This permit and its conditions are hereby accepted.
Signature of Permittee

Permit # (3 • — K3
DCM Coordinator: $��J
MAILING DISTRIBUTION/:
Permitee: 8gs0n bdN �fg l Gf�b od I nt-r 609
Agent:
DCM Field Offices:
Elizabeth City
orehead Cit
Washington'
mmg
US Arm Engineers (USAGE):
Mike Bell (NCDOT)
ill Biddlecome (NCDOT)
Wilmington:'
DaveTimpy
Others:
Cultural Resources:
Renee Gledhill -Early
Public Water Supply:
Debra Benoy (WIRO)
Fred Hill (WARD)
Marine Fisheries:
Mike Street
NCDOT:
Ken Pace
Shellfish Sanitation:.
Patty Fowler
Sta Pro e Office:
Tommy Cline
er Quality:
•Karol for non -DO
John Hennessy (NCDOT)
Wildlife Resources:
Maria Tripp
Steve Everhart
Travis Wilson (NCDOT)
LPO:
FAXING DISTRIBUTION;
Permitee at
Agent at
DCM Field Offices:
Elizabeth City (252-264-3723)
Morehead City (252-247-3330)
Washington (252-948-0478)
Wilmington (910-350-2004)
US Army Corps of Engineers (USAGE):
Washington: Mike Bell (NCDOT)
Bill Biddlecome (NCDOT)
Raleigh Bland (252-975-1399)
Wilmington: Dave Timpy (910-2514025)
CAMA Major Permit Process Manual Page 70 of 76

'fir
NCDENR
North Carolina Department of Environment and Natural Resources
Division of Coastal Management
Michael F. Easley, Governor
Masonboro Yacht Club & Marina, Inc.
609 Trails End Road
Wilmington, N.C. 28409
Dear Sirs:
Charles S. Jones, Director William G. Ross Jr., secretary
April 5, 2007
The enclosed permit constitutes authorization under the Coastal Area Management Act, and where applicable, the
State Dredge and Fill Law, for you to proceed with'your project proposal. Please sign both the original,(buff-
colored form) and the Xerox stamped "Copy". Return the copy to this office in the enclosed envelope. Signing
the permit and proceeding means you have waived your right of appeal described below. Please retain the original
(buff -colored form), as it must be available on site when the project is inspected for compliance.
If you object to the permit or any of the conditions, you may request a hearing pursuant to NCGS 113A-
121.1 or 113-229. Your petition for a hearing must be filed in accordance with NCGS Chapter 150B with the Office
of Administrative Hearings, 6714 Mail Service Center, Raleigh, NC 27611-6714, [phone] within twenty
(20) days of this decision on your permit. You should also be aware that if another qualified party submits a valid
objection to the issuance of this permit within twenty (20) days, the matter must be resolved prior to work initiation.
The Coastal Resources Commission makes the final decision on any appeal.
The project plan is subject to those conditions appearing on the permit form. Otherwise, all work must be
carried out in accordance with your application. Modifications, time extensions, and future maintenance require
additional approval. Please read your permit carefully prior to starting work and review all project plans, as
approved. If you are having the work done by a contractor, it is to your benefit to be sure that he fully understands
all permit requirements.
From time to time, Department personnel will visit the project site. To facilitate this review, we request that
you complete and mail the enclosed Notice Card just prior to work initiation. However, if questions arise
concerning permit conditions, environmental safeguards, or problem areas, you may contact Department personnel
at any time for assistance. By working in accordance with the permit, you will be helping to protect our vitally
important coastal resources.
Enclosure
Sincerely,
HA��
Douglas V. Huggett
Major Permits and Consistency Manager
400 Commerce Avenue, Morehead City, NC 28557
Phone: [phone] FAX: [phone] Internet: www.nccoastalmanagement.net
An Equal Opportunity 1 Affirmative Action Employer - 50% Recycled 110% Post Consumer Paper

DEPARTMENT OF THE ARMY
WILMINGTON DISTRICT, CORPS OF ENGINEERS
P. O. BOX 1890
WILMINGTON, NORTH CAROLINA 28402-1890
IN REPLY REFER TO August 22, 2006
Regulatory Division
Action ID No. 198300193 and State Permit No. 131-83
Masonboro Boatworks, LLC
690 Trails End Road
Wilmington, North Carolina 28403
Dear Madam or Sir:
Through coordination with the North Carolina Division of Coastal Management, we have
learned of your request to modify your Department of the Army (DA) permit issued on October
3, 1983, which authorized maintenance of marina facilities on Whiskey Creek and the Atlantic
Intracoastal Waterway, near Wilmington, New Hanover County, North Carolina. The requested
modification consists of the construction of a 140' 10" x 6' floating dock, the 125'6" x 6' floating
dock including the associated gangway ramp, as well as the (5) 30' x 3'6" finger piers that are
specified on the attached workplan drawings dated 3/20/2006 at the project site (see enclosed
CAMA modification).
The proposal continues to be consistent with the provisions and objectives of general permit
No. 198000291. The permit is hereby transferred. It is understood that all other conditions of
your permit remain applicable and will expire April 30, 2008.
If you have any questions or comments you may call me at [phone].
Sincerely,
�is✓
DavehProject Manager
Wilmington Regulatory Field Office
Enclosure M
Morehead City DCM

Copies Furnished (without enclosure):
Chief, Source Data Unit
NOAA/National Ocean Survey
ATTN: Sharon Tear N/CS261
1315 East-West Hwy., Rm. 7316
Silver Spring, MD 20910-3282
Mr. Doug Huggett
Division of Coastal Management
North Carolina Department of
Environment and Natural Resources
400 Commerce Avenue
Morehead City, NC 28557-3421
Mr. Jim Gregson, District Manager
Wilmington Regional Office
North Carolina Division of
Coastal Management
127 Cardinal Drive Extension
Wilmington, North Carolina 28405
2

DEPARTMENT OF THE ARMY
WILMINGTON DISTRICT, CORPS OF ENGI RSJUL 3 r
P. O. BOX 1890
WILMINGTON, NORTH CAROLINA 28402-1890
IN REPLY REFER TO July 27, 2006 MorQhgad Cky JCM
Regulatory Division
Action ID No. SAW-2006-154352-065 (formerly No. 198300193) and State Permit No. 131-83
Raine Williams
Masonboro Boatworks, LLC
690 Trails End Road
Wilmington, North Carolina 28403
Dear Mr. Williams:
Through coordination with the North Carolina Division of Coastal Management, we have
learned of your requests dated May 3, 2006 and May 4, 2006 to modify your Department of the
Army (DA) permit issued on October 3, 1983, which authorized maintenance of marina facilities
on.Whiskey Creek and the Atlantic Intracoastal Waterway, near Wilmington, New Hanover
County, North Carolina. The requested modification consists of the installation of an additional
floating dock, measuring 140'10" in length by 6'and the associated 4 additional support pilings
to accommodate the recently authorized dry stack facility located on the western end of the
property, a reconfiguration of the existing marina including the replacement of several wooden
floating docks with 8 new slips, and removal of 730 cubic yards of silt as shown in the referenced
CAMA modification request (copy attached).
The proposal continues to be consistent with the provisions and objectives of general permit
No. 198000291. The permit is hereby modified. It is understood that all other conditions of your
permit remain applicable and will expire December 31, 2006.
If you have any questions or comments you may call me at [phone].
Sincerely,
Dave Timpy, Project Manager
Wilmington Regulatory Field Office
Enclosure

Copies Furnished (without enclosure):
Chief, Source Data Unit
NOAA/National Ocean Survey
ATTN: Sharon Tear N/CS261
1315 East-West Hwy., Rm. 7316
Silver Spring, MD 20910-3282
Mr. Doug Huggett
Division of Coastal Management
North Carolina Department of
Environment and Natural Resources
400 Commerce Avenue
Morehead City, NC 28557-3421
Mr. Jim Gregson, District Manager
Wilmington Regional Office
North Carolina Division of
Coastal Management
127 Cardinal Drive Extension
Wilmington, North Carolina 28405

ZFMA ,
NCDENR
North Carolina Department of Environment and Natural Resources
Division of Coastal Management
Michael F. Easley, Governor Charles S. Jones, Director William G. Ross Jr., Secretary
t,A/"
MEMORANDUM
TO: Doug Huggett jt�j�r h
DCM - Major Permits FROM: Robb MairsR 7 20077
DCM - Wilmmgton 9;!
THRU: Jim Gregson MorohQWd QtY DAM
(1pDCM Wilmin on
RE: 1V_R� Permit Transfer - CAMA Permit #131-83
Masonboro Boatworks, LLC to Masonboro Yacht Club & Marina, Inc.
New Hanover County
DATE: March 21, 2007
Mr. J. Lindsay Efland, III, president of Masonboro Boatworks, LLC, is requesting a transfer of Permit #131-83 to
Masonboro Yacht Club and Marina, Inc. State Permit # 131-83 was originally issued to Masonboro Boatyard & Marina, Inq, c/o
Ed Lowe on September 13, 1983 for a commercial marina facility at 609 Trails End Road, in Wilmington, New Hanover
County. The permit was modified on November 18, 1997 to stabilize the shoreline of the marina, received Maintenance Clause,
and the I I'h renewal on May 31, 2001. State Permit #131-83 was transferred from Masonboro Boatyard and Marina, Inc. to
Masonboro Boatworks, LLC on June 7, 2005 and last modified and renewed on June 13, 2006. State Permit # 131-83 is due to
expire on April 30, 2008.
Mr. Efland states that the transferred permit will be used for the purposes for which it was issued; that there will be no
substantial change in the conditions, circumstances, or facts affecting the project; and the transferred permit will not result in
substantial change or modification of the project as proposed in the original application or the subsequent applications for
modification.
The applicant has submitted a check (ck. # 3959) in the amount of $100.00 for the transfer request, as well as a copy of
the deed to the property.
This Office has no objection to the permit transfer request.
Enclosures
cc: WiRO files
Dave Timpy, ACOE
127 Cardinal Drive Extension, Wilmington, North Carolina 28405-3845
Phone: [phone]\Fax: [phone] \ Internet: hftp://www.nccoastaimanagement.net
An Equal Opportunity \ Affirmative Action Employer - 50% Recycled \10% Post Consumer Paper

iti
609 Trails End Road, Wilmington, N.C. 28409 • Phone [phone] • Fax [phone]
January 12, 2007
Mr. Robb Mairs
North Carolina Division of Environmental and Natural Resources
127 Cardinal Drive Extension
Wilmington, NC 28405-3845
RE: CAMA Major Development Permit No. 131-83
Dear Robb Mairs:
F�
RECEIVED
DCM WILMINGTON, NC
FEB 2 0 200)
Please accept this letter of request for a transfer of CAMA Major Development Permit
No. 131-83 ("CAMA Permit") from Masonboro Boatworks, LLC to Masonboro Yacht
Club & Marina, Inc.
Enclosed is a copy of the deed demonstrating that Masonboro Yacht Club & Marina, Inc.
has the sole legal right to develop the project authorized by the CAMA Permit.
Masonboro Yacht Club & Marina, Inc. will use the CAMA Permit for the purposes for
which it was issued. There has been no substantial change in conditions, circumstances,
or facts affecting the project. Further, there will be no substantial change or modification
of the project as proposed in the original application.
Finally, we enclose a check in the amount of $100.00 for your permit application fee.
Sincerely,
7VA4-JW
J. Lindsay Efland II
President

RECEIVED
DCM WILMINGTON, NC
FEB 2 0 2007
History Note: Authority G.S. 113A-119; 113A-119.1; 113A-124(c)(5); 113-229;
Eff. March 15, 1978;
Amended Eff. August 1, 1000; March 1, 1991; August 1, 1986; November 1, 1984.
15A NCAC 07J .0406 PERMIT ISSUANCE AND TRANSPLIW
(a) Upon approval of an application and issuance ofthe permit, the permitshall be delivered to the applicant, or to any person
designated by the applicant to receive the permit, by first class mail or any appropriate means.
(b) Anyone holding a permit may not assign, transfer, sell, or otherwise dispose of a permit to a third party.
(c) A permit may be transferred to a new party at the discretion of the Director of the Division of Coastal Management upon
finding each of the following:
(1) a written request from the new owner or developer of the involved properties;
(2) a deed, a sale, lease, or option to the proposed new party showing the proposed new party as having the
sole legal right to develop the project;
(3) that the applicant transferee will use the permit for the purposes for which it was issued;
(4) no substantial change in conditions, circumstances, or facts affecting the project;
(5) no substantial change or modification of the project as proposed in the original application.
(d) A person aggrieved by a decision of the Director as to the transfer of a permit may request a declaratory ruling by the
Coastal Resources Commission as per 15A NCAC 7J .0600, et. seq.
(e) The applicant for a permit transfer must submit with the request a check or money order payable to the Department in the
sum of one hundred dollars ($100.00).
History Note: Authority G.S. 113A-118(c); 113A-119(a); 113A-119.1;
Eff. March 15, 1978;
AmendedEff. August 1, 2000; March 1, 1991; March 1, 1990; October 15, 1981.
15A NCAC 07J .0407 PROJECT MAINTENANCE: MAJOR DEVELOPMENT/DREDGE AND FILL
(a) No project previously requiring a major development or dredge and fill permit shall be maintained after the expiration of the
authorized development period without approval from the Department. Permits may contain provisions which allow the applicant to
maintain the project after its completion. Persons wishing to maintain a project beyond the development period and whose permit
contains no maintenance provision shall apply for a maintenance permit. This Rule does not apply to maintenance required by rule
or by permit condition.
(b) Maintenance Request. Persons desiring to initiate maintenance work on a project pursuant to the maintenance provisions of an
existing permit shall file a request at least two weeks prior to the initiation of maintenance work with:
Department of Environment and Natural Resources
Division of Coastal Management
400 Commerce Avenue
Morehead City, NC 28557
(c) Such requests shall include:
(1) the name and address of the permittee;
(2) the number of the original permit
(3) a description of proposed changes;
(4) in the case of a dredge and fill maintenance request, a statement that no dimensional changes are proposed;
(5) a copy of the original permit plat with cross -hatching indicating the area to be maintained, any area to be used as
spoil, and the estimated amount of material to be removed; and
(6) the date of map revision and the applicant's signature shown anew on the original plat.
(d) Conditions for Maintenance. All work undertaken pursuant to the maintenance provisions of a permit shall comply with the
following conditions:
(1) Maintenance work under a major development permit shall be limited to activities which are within the
exemptions set forth by the Commission.
(2) Maintenance under a dredge and fill permit shall be limited to excavation and filling which is necessary to
maintain the project dimensions as found in the original permit.
(3) Maintenance work is subject to all the conditions included in the original permit.
(4) Spoil disposal shall be in the same locations as authorized in the original permit, provided that the person
requesting the authority to maintain a project may request a different spoil disposal site if he first serves a copy
of the maintenance request on all adjoining landowners.

'R .. w ..

Fa""a'T°"aESISTau OF �ECEIVED
YE NgIMiYpt a rr NC
APR 16 13.9 *)CM WILMINGTON, NC
BK 4279 FG 58-61 FEE $28 110 -EB 2 0 2007
161RlkEli I P9940IM
THE PREPARER DRAM FD THE DEED IN THIS TRANSACTION BUT NO TITLE
SEARCH WAS REQUESTED AND NO TITLF SEARCH HAS BFF.N PERFORMED.
THE PREPARER EXPRESSES NO OPINION ON TITLE TO THE PROPERTY
OR THE ACCURACY Olt COMPLETENESS OF THE LEGAL DESCRIPTIONS.
Prepared by: MURCHISON, TAYLOR & GIBSON, PLLC
16 North Fitth Avenue, WRmington, NC 28401
STATE OF NORTH CAROLINA PARCEL NO. R 02210 ~ 001- 001 `00a
COUNTY OF NEW HANOVER
THIS DEED, made and entered into this 14- day of �--_, 2004, by
and between MASONBORO BOAT Y_A.RD, INC., a North Carolina corporation, heron called
GRANTOR and MASONBORO YACHT CLUB & MARINA, INC., a North Carolina non-
profit corporation whose mailing address is 609 Trails End Road, Wilmington NC 28409, herein,
whether one or more, called GRANTEE;
WITNESSET11:
The GRANT OR, for and in consideration of the stun of Ten dollars ($10.00) and
other valuable considemnons to it in hand paid by the GRANTEE, the receipt whereof is hereby
arknowledged, has bargained and sold, and by these presents does hereby bargain, sell and convey
unto GRANTEE, its successors and assigns forever, all that certain real property located in New
Hanover County, North Carolina, described as follows:
Beira$ all of Lot "A" as shown on a map entitled "Masonboro Yacht club and
Manna and Masonboro Boat Yard" recorded in Map Book 39 at Page 108 of the
New Hanover County Registry, reference to which map is hereby made for a more
particular description; together with any transferable governmatutl permits
associated with such property.
4ax14

R G�IV EP
p�MUVILMINGT ,.NG
SUBJECT TO the Declaration of Covenants, Conditions and Restrictions for
FEB 2 Masonboro Yacht Club & Marina recorded in Book 2638, at Page 0409, in the office
of the New Hanover County Register of Deeds ("Declaration") and all rights of the
Declarant (defined in the Declaration) including the specific right of the Declarant to
amend said Declamtior.-
FURTHM SUBJECT TO all easements, rights of way and restrictions of record,
all governmental land use statutes, ordinances and regulations, including zoning,
subdivision and building regulations and ad valorem taxes for the current and
subsequent years.
TO'HAVE ANV TO HOLD the above granted and described property, together
with all and singular, the rights, privileges, easements, tenements and appurrenances rhereunto
belonging, or in anywise appertaining unto the said GRANTEE, its successors and assigns, in fee
simple, forever.
And the GRANTOR, for itself, its successors and assigns, does covenartt to and with
the said GRANTEE, its successors and assigns, that it is seized in fee of the above granted and
described property; that it has good right to sell and convey the same in fee simple; that the title is
marketable and free and clear from all encumbrances except those mentioned above; and it will and
its successors and assigns shall warrant and defend the title to the same against the lawful claims
and demands of any and all persons whomsoever.
IN TESTIMONY w'HMEOF, the said GRANTOR has caused this instrttnxKtt to be
executed the day and year first above written.
MASONBORO 130AT YARD, INC.
By.�pv,g--a
George E. Lowe, Jr., President
4%24 2

NORTH CAROLINA
NEW HANOVER COUNTY
RF
dCM w�CM/NGr� O
FFB 2 20 p�N NC
1, �_,��,Tt�,f a Notary Public of the State and County
aforesaid, certify Tat GEAR E E. LOW'E, 7R personally came before me this day and
acknowledged that he is Presideni of Masoriboro Boat Yard, Inc., a North Carolina corporation,
and that by authority duly given and as the act of the corporation, the foregoing instrument was
signed in its name by him as its President.
WITNESS my hand and official seal this W-day of ` 1_, 2004.
My commission expires:
ZrG- d
4UY.24 2
0
IMIPM—A.'

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Permit Class Permit Number
TRANSFER 131-83
STATE OF NORTH CAROLINA
Department of Environment and Natural Resources
and
Coastal Resources Commission
Vermit
for
X Major Development in an Area of Environmental Concern
pursuant to NCGS 113A-118
X Excavation and/or filling pursuant to NCGS 113-229
Issued to Masonboro Yacht Club and Marina, Inc., 609 Trails End Rd., Wilmington NC, 28409
Authorizing development in New Hanover County at Whiskey Creek
as requested in the permittee's letter dated 4/20/05
This permit, issued on April 2007 is subject to compliance with the application (where consistent
with the permit), all applicable regulations, special conditions and notes set forth below. Any violation of these terms may
be subject to fines, imprisonment or civil action; or may cause the permit to be null and void.
I) This transfer shall be attached to copies of the following attached permit documents, which includes all application forms
and workplan drawings:
a. Permit 131-83, issued to E.G. Lowe (for Masonboro Boatyard and Marina, Inc.) on 9/13/83
b. The minor modification of 8/13/84, 11/14/84, and 2/10/86
c. The renewals 2/15/88, 4/3/89, 3/I/90, 3/6/91, 3/17/92, 4/8/93, 4/7/94, and 4/25/95
d. The 9/5/95 minor modification
e. The 3/31/97 renewal
f. The 1 1/18/97 minor modification
g. The 4/16/99 renewal
h. The 5/31/01 renewal
i. The 6/7/05 transfer issued to Masonboro Boatworks, LLC
j. The 2/22/06 minor modification and the 2/27/06 minor modification amendment
k. The 6/13/06 minor modification/renewal.
2) Copies of all referenced documents shall be readily available on site when a Division representative inspects the project i
for compliance. In accepting this transfer, the new premittee agrees that all conditions and stipulations of the active
permit remain in force.
This permit action may be appealed by the permittee or
other qualified persons within twenty (20) days of the issuing
date. An appeal requires resolution prior to work initiation or
continuance as the case may be.
This permit must be accessible on -site to Department
personnel when the project is inspected for compliance.
Any maintenance work or project modification not covered
hereunder requires further Division approval.
All work must cease when the permit expires on
April 30, 2008
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 of DENR and
Chairman of the Coastal Resources Commission.
}a'- Charles S. Jones,
Division of Coastal Mar
This permit and its conditions are hereby accepted.