76-15 Seagate Office Park

Permit Class Permit Number
NEW 76-15
T-� STATE OF NORTH' CAROLINA
Department of Environment and Natural Resources
and
Coastal Resources Commission COPY
Vrrmit
for
X Major Development in an Area of Environmental Concern RECEIVE
pursuant to NCGS I I3A-118
— Excavation and/or filling pursuant to NCGS 113-229 NOV 3 0 2015
Issued to Seagate Office Park c/o Bradv Semmel.1310 Airlie Road. Wilmington, NC 2Q3 M- M H D C
Authorizing development in New Hanover County at adi. to AIW W. 1310/1312 Airlie Road
Wilmington as requested in the permittee's application dated 1/14/15including The
_
attached workplan drawings (5). all dated 1/14/15 This permit, issued on July 10, 7015 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.
Docking Facility
1) Unless specifically altered herein, this permit authorizes the reconfiguration of the existing docking
facility and other structures and uses that are expressly and specifically set forth in the attached
permit application and workplan drawings. No other structure, whether floating or stationary, shall
become a permanent part of this docking facility without permit modification. No non -water
dependent uses of structures shall be conducted on, in or over public trust waters without permit
modification.
2) No sewage, whether treated or untreated, shall be discharged at any time from any boats using the
docking facility. Any sewage discharge at the dockingfacility 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 the permitted structure.
(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
December 31, 2018
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.
Braxton C. Davis, Director
Division of Coastal Management
This permit and its conditions are hereby accepted.
QA714akietil
Sigifature of Permittee

page 2 of 3
Seagate Office Park c/o Brady Semmel +
ADDITIONAL CONDITIONS navigable
ermittee to prevent the full and free use by the Public of all
3) No attemptthe shall be made by P rmance with the terms
waters at or adjacent to the authorized work.
4) The permittee shall maintain the authorized work in good condition and in Cp°f he abandons
the
and conditions of this permit. The permittee is not relieved of this requirement
Permitted activity without having it transferred to a third patty' or proposed Federal project, and the
e o the authorized strucisting ture or work, .the �
5) This permit does not authorize the interference with any the United States in public
Pe1'mittee shall not be entitled to compensation for dam ag by
which may be caused from existing or future operations undertaken
interest. signals prescribed by the U.S.
lights or si um, permanent
6) The l�rniittee shall install and maintain at his expense any signal darkness or
on the authorized facilities.ible during hAt a ours of
Coast Guard through regulation or otherwise, it more
t reflectors shall be attached to the structure in order to Make
inclernent weather. association with thus docking
7 This Permit does not authorize any additional f° al boat slips o
facility.
General wires the
b the United States req
es that, if future operatio a Y by this permit, or if in the
8) The per ni-ttee understands and agrestructure theor work authorized or work shall cause j
removal relocation, or other alteratio0 r.oe Armyf
authorized representative, said structureee Will be required, upon
oPin c)n of the S Tectionot thfiee navigation of the na`ngable waters, he st ucjural work or o. shall be
urireasonable obstru to of North Carolina No claim
due notice from the Corps of Engineers, to remove, relocate such removal or
ea without expense to the United States or Cac on account of airy
used thereby, and States or the state of North
made against the racily, without permit
9) No ve e ated wetlaaids or open water areas
shall be excavated or filled, even tempo
mo diFicai o4 used of to a third party Without the
I transferred, sold, or otherwise disposed
10) This paiit shall not be assign Management.
oval of the Division of Coastalrepresentative
of the Division prior to
�'�ritten a�
11) ' = pe a and/or his or her contractor shall meet with a rep
project 'tion.
1
1

Seagate Office Park c/o Brady Semmel XV Permit #76-15
Page 3 of 3
ADDITIONAL CONDITIONS
NOTE: This permit does not eliminate the need to obtain any additional state, federal or, local permits,
approvals, or authorizations that may be required.
NOTE: Future development of the permittee's property may require a modification of this permit.
Contact a representative of the Division at (9 1 10).796-7215 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 normal high 'water level.
NOTE: The N.C. Division of Water Quality has authorized the proposed project under DWQ Project No.
15-0204.
NOTE: The U.S. Army, Corps of Engineers authorized the proposed project under COE Action Id. No.
SAW-2015-00584,,which-was issued on 3/27/15.
NOTE: An application processing fee of $250 was received by DCM for this project.

Permit Class
NEW
Permit Number
76-15
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
Excavation and/or filling pursuant to NCGS 113-229
Issued to Seagate Office Park c/o Brady Sentinel, 1310 Airlie Road, Wilmington, NC 28403
Authorizing development in New Hanover County at adi. to AIWW, 1310/1312 Airlie Road,
Wilmington as requested in the permittee's application dated 1'114115. including the
attached worknlan drawings (5), all dated 1/14/15
This permit, issued on .holy 10, 2015 , 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.
Docking Facility
1) Unless specifically altered herein, this permit authorizes the reconfiguration of the existing docking
facility and other structures and uses that are expressly and specifically set forth in the attached
permit application and workplan drawings. No other structure, whether floating or stationary, shall
become a permanent part of this docking facility without permit modification. No non -water
dependent uses of structures shall be conducted on, in or over public trust waters without permit
modification.
2) No sewage, whether treated or untreated, shall be discharged at any time from any boats using the
docking facility. Any sewage discharge at the docking facility 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 the permitted structure.
(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
December 31, 2018
In issuing this permit, the State of North Carolina agrees
at your project is consistent with the North Carolina Coastal
•nagement Program.
Signed by the authority of the Secretary of. DENR and the
Chairman of the Coastal Resources Commission.
Braxton C. Davis, Director
Division of Coastal Management
This permit and its conditions are hereby accepted.
Signature ofPermittee

Seagate Office Park c/o Brady Semmel Permit #7645
Page 2 of 3
ADDITIONAL CONDITIONS
3) 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.
4) The permittee shall maintain the authorized work in good condition and in conformance with the terms
and conditions of this permit. The permittee is not relieved of this requirement if he abandons the
permitted activity without having it transferred to a third party.
5) This permit does not authorize the interference with any existing or proposed Federal project, and the
permittee shall not be entitled to compensation for damage to the authorized structure or work, or injury
which may be caused from existing or future operations undertaken by the United States in the public
interest.
6) 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 a minimum, permanent
reflectors shall be attached to the structure in order to make it more visible during hours of darkness or
inclement weather.
7) This permit does not authorize any additional formalized boat slips in association with this docking
facility.
General
8) The permittee understands and agrees that, if future operations by the United States requires the
removal, relocation, or other alteration of the structure or. work authorized by this permit, or if in the
opinion of the Secretary of the Army or his authorized representative, said structure or work shall cause
unreasonable obstruction to free navigation of the navigable waters, the permittee will be required, upon
due notice from the Corps of Engineers, to remove, relocate or alter the structural work or obstructions
caused thereby, without expense to the United States or the state of North Carolina. No claim shall be
made against the United States or the state of North Carolina on account of any such removal or
alteration.
9) No vegetated wetlands or open water areas shall be excavated or filled, even temporarily, without permit
modification.
10) 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.
11) The permittee and/or his or her contractor shall meet with a representative of the Division prior to
project initiation.

Seagate Office Park c/o Brady Semmel Permit #7645
Page 2 of 3
ADDITIONAL CONDITIONS ¢
3), No attempt shall be made by the permittee to prevent the full and free use by the public of allnavigable
waters at or adjacent to the authorized work. _
4) The permittee shall maintain the authorized work in good condition and in conformance with the terms
and. conditions of this permit. The permittee is not_ relieved of this requirement if he abandons the
permitted activity without having it transferred to a "third party.
5) This permit does not authorize the interference with any existing or proposed Federal project, and the
permittee shall not be entitled to compensation for damage to he authorized structure or work, -or injury
which maybe caused from existing or future operations undertaken- by the United States in the public
interest.
6) 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 theauthorizedfacilities. At a minimum, permanent
reflectors shall be attached to the 'structure in order;to make'it more visible during hours of :darkness or
inclement weather:
7) This permit does not authorize any additional formalized boat slips in association with this docking
facility.
General,,..
a
8) The.permittee understands and agrees that, if future operations, by the United :States requires the $.--
removal, relocation„or other, alteration, of the structure'or, work authorized by thispennit, or if in the '
opinion of the Secretary of the Army or his authorized representative, said structure.or work shall cause
unreasonable obstruction to free navigation of the navigable waters, the perrnittee will be required, upon
due notice from the Corps of Engineers, to remove; relocate or alter the structural work or obstructions
caused thereby, without expense to the United States or the state of North Carolina. No claim shall be
made against the United States or the state of North Carolina on account of any such removal or
-alteration.,_
9) No vegetated wetlands or open water areas shall be excavated or filled, even temporarily, without permit
modification.
10) This perihit shall not be assigned, transferred,sold, or otherwise disposed of to a third parry without the
written approval of the Division of Coastal Management.
11) The permittee and/or his or her contractor shall meet with a representative of the Division prior to
project initiation.

Seagate Office Park c/o Brady Semmel Permit #76-15
Page 3 of 3
ADDITIONAL CONDITIONS
NOTE: This permit does not eliminate the need to obtain any additional state, federal or local permits,
approvals or authorizations that may be required.
NOTE: Future development of the permittee's property 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 normal high water level.
NOTE: The N.C. Division of Water Quality has authorized the proposed project under DWQ Project No.
15-0204.
NOTE: The U.S. Army Corps of Engineers authorized the proposed project under COE Action Id. No.
SAW-2015-00584, which was issued on 3/27/15.
NOTE: An application processing fee of $250 was received by DCM for this project.

NICE MF-1
APPLICATION for
Major Development Permit
(last revised 12/27106)
North Carolina DIVISION OF COASTAL MANAGEMENT
1. Primary Applicant/ Landowner Information
_ __--- — —
Business Name Project Name (if applicable)
le L
Applicant 1: First Name
MI
Last Name
Applicant 2: First Name
MI
Last Name
If additional applicants, please attach an additional pages) with names fisted.
Mailing Address
l la � � %��
PO Box
City
lv�1�1,
State
/V
ZIP
a
Country
1454
Phone No.
/b -4)b -36 ext.
FAX No.
Street Address (d different from above)
City
State
ZIP
Email
C"(I e Alh,c4pm
2. AgerWContractor Information
Business Name
G/"tl�Ij�tti'i
////r ltfs(i L
Agent/ Contractor 1: First Name
461
I
Last Name 1
x)d
Agent/ Contractor 2: First Name
MI
Last Name
Mailing Address
PO BoL
80
Cit14,61j 3IW� A�
�1KM'lJ
State
ZIP
Phone No. 1
Phone No. 2
910 -a`-4 -3/0- ext.
ext.
FAX No.
Contractor t
$6- ash 306�
Street Address (if different from above)
City
State
ZIP
Email
et� G M14�cuM
<Form continues on back> DCM WILMINGTON, NC
JAN 1 6 2015

Form 06M MP-1 (Page 2 of 4)
APPLICATION for
Major Development Permit
3. Project Location
County (can be ulbple)
Street Address
State Rd. it
N
13,11a� IlWiieN
Subdivision Name
City
State
Zip
011jk, WM
C
RBY03
Phone No.
of .(s) (d many, attach additional page with list)
aSd -306,- 4W* �i9lFa
,
a. In which NC river basin is the project located?
b. Name of bodd of water nearest to proposed project
G
Y
c. Is t water body identified in (b) above, natural or manmade?
d. Name the closest major water body to the proposed project site.
Natural ❑Manmade ❑Unknown
fi I,v't & /fC.. wn
�the
e. Is proposed work within city limits or planning jurisdiction?
f. If applicable, list planning jurisdiction or city limit the proposed
N(Yes []NO
work falls within.
WAln
.0
v i
4. Site Descdption
a. Total length of shoreline on the tract (ft.)
b. Size of entire tract (sq.ft.)
3,9131
13JOL26631011=
c. Size of individual lot(s)
d. Approximate elevation of Act above NM (normal high water) or
NWL (normal water level) '// /
(If many lot sizes, please attach additional page with a list)
❑NHW or ®NWL
e. Vegetation on tract
a 4 wio
f. Man-made features and uses now on tract
opict &id n6 41111k d h
g.Identify and describe the existing land uses adjacent to the proposed project site.
h. How does oral government zone the tract?
i. Is the roposed project consistent with the applicable zoning?
(Alta zoning compliance certificate, N app icable)
[]No❑NA
�.
as
J. Is the proposed activity part of an urban waterfront redevelopment proposal? []Yes VIN
k. Has a professional archaeological assessment been done for the tract? If yes, attach a copy. ❑Yes K#4o ❑NA
If yes, by whom?
I. Is the proposed project located in a National Registered Historic District or does b involve a ❑Yes fL&o ❑NA
National Register listed or eligible property?
RECEIVED
<Form continues on next page> DCM WILMINGTON, NC
JAN 1 6 2015

Form DCM MP-1 (Page 3 of 4)
APPLICATION for
Major Development Permit
I
m. (i) Are there wetlands on the site?
❑Yes MNo
(ii) Are there coastal wetlands on the site?
❑Yes L(No
(iii) If yes to either (i) or (if) above, has a delineation been conducted?
❑Yes ❑No
(Attach documentation, if available)
n. Describe existing wastewater treatment facilities.
o. Describe existing drinking water supply source.
p. Describe existing storm water management or treatment systems.
, 41Lf&le NaGF
5. Activities and Impacts
a. Will the project be for commercial, public, or private use? / ommercial ❑Public/Government
RIVV22 PrivatelGennnwety
b. Give a brief descripfion of purpose, use, and daily operations of the project when complete.
o. Describe 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.
������ �,/��tL �� ; � � Sr�il�ro �► Silk
d. List all development activities you propose.
�iNfGrn M e3� 4/1+L�tO uFl�/4yXsh.� �f �I�o2l}l. /Zc�//ttis
3� sr��yGy)n�,vlt4JI-"lel~yisTi�%/6'�irYLar f7o�li!!uo %�N9ctFS�XSb�j)dflE
e. Are the proposed activities maintenance of an existing project, new work, or both?
I. What is the approximate total disturbed land area resulting from the proposed project? ❑Sq.Ft or []Acres
g. Will the proposed project encroach on any public easement, public acoessway or other area ❑Yes UINo ❑NA
that the public has established use of?
In, Describe location and type of existing and proposed discharges to waters of the state.
IV 0WC
I. Will wastewater or stormwater be discharged into a wetland? ❑Yes MNo ❑NA
If yes, will this discharged water be of the same salinity as the receiving water? ❑Yes ❑ ❑NA
j. Is there any mitigation proposed? ❑Yes SNo ❑NA
If yes, attach a mitigation proposal.
RECEIVED
<Form continues on back> DCM WILMINGTON, NC
JAN1n2015

Form DCM MP-1 (Page 4 of 4)
APPLICATION for
Major Development Permit
6. Additional hifonnattion
In addition to this completed application form, (MP-1) the following items below, if applicable, must be submitted in order for the application
package to be complete. Items (a) - (f) are always applicable to any major development application. Please consult the application
instruction booklet on how to properly prepare the required items below.
a. A project narrative.
b. An accurate, dated work plat (including plan view and cross -sectional drawings) drawn to scale. Please give the present status of the
proposed project. Is any portion already complete? If previously authorized work, clearly indicate on maps, plats, drawings to distinguish
between work completed and proposed.
c. A site or location map that is sufficiently detailed to guide agency 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 appropriate application fee. Check or money order made payable 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 Division of Coastal Management. '1
Name �j flt�C //�1�h-&Ar% xi Ap4lii*��� �t Phone Nol�1n„��.a �Sr
Addressl70B,6/A&W, alliki'h �l MC VOW I
Name fIpft MA76446 Phone NolA)- -
Address ,JXl ,v
Name /Ad IaXlJaG�!
Phone No.
Address
g. A list of previous state or federal permits issued for work on the project tract. Include permit numbers, pernittee, and issuing dates.
h. Signed consultant or agent authorization form, if applicable.
I. Wetland delineation, if necessary.
j. A signed AEC hazard notice for projects in oceanfront and inlet areas. (Must be signed by property owner)
k. A statement of compliance with the N.C. Environmental Policy Act (N.C.G.S. 113A 1-10), if 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 Land
I understand that any permit issued in response to this application will allow only the development
The project will be subject to the conditions and restrictions contained in the permit.
I certify that i 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 cert5r that the information provided in this application is truthful to the best of Iny knowledge.
Date J//y` • (k() Print Name il-d gr LA_)
Signature 10 /w
Please indicate application attachments pertaining to your proposed project.
❑DCM MP-2 Excavation and Fill Information ❑DCM MP-5 Bridges and Culverts
ppCM MP-3 Upland Development
CM MP-4 Structures Information
RECEIVED
DCM WILMINGTON, NC
JAN 1 6 2015

Form DCM MP-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 FACIUTY/MARINA CHARACTERISTICS
a. (i) Is the docking facility/marina:
[]Commercial ❑Public/Govemment Private/Comawnity
c. (i) Dock(s) and/or pier(s)
(ii)Number
/ -�jlJ/lily
PUT,�) N
(iii)Length
(iv) Width
(v) Floating
Yes ❑N
e. (i) Are Platforms included? ❑Yes 4No
If yes:
(il) Number
(iii) Length
(IV) Width
(v) Floating ❑Yes []No
Note: Roofed areas are calculated from dripline dimensions.
g. (i) Number of slips proposed
(ii) Number of slips existing
i. Check the proposed type of siring:
❑ Land kart and access channel
OpIpen water; dredging for basin and/or channel
en water; no dredging required
❑Other; please describe:
k. Typical boat length:
m. (i) Will the facility have tie pilings?(�� �r
❑Yes ❑No /�"��� If
(ii) If yes number of tie pilings? plop"
❑This section not applicable
b. (i) Will the f
be open to the general public?
❑Yes No
0
r L�flMb
d. (i) Are Finger Piers included? Yes ❑
If yes:
(h)Number
Length
/ N
(iv)Width
Qv)
VYes
(v) Floating
❑No r019C- %WMAJLV
I. (i) Are Boatltlis included? ❑Yes No
If yes:
(ii) Number
(III) Length
_
(iv) Width
h. Check all the types of services to be provided.
❑ Full service, including travel lift and/or rail, repair or
maintenance service
❑ Dockage, fuel, and marine supplies
❑ Dockage ('Wet slips") only, number of slips:
❑ Dry storage; number of boats: _
V❑ at ramp(s); number of boat ramps:
Ottherr,, please describe:
RD /
j. Describe the typical boats to be served (e.g., open runabout,
charter boats, sail boats, mixed types).
1/
1. (i) Will the le '1' be open to the general public?
❑Yes No
RECEIVED
DCM WILMINGTON, NC
JAN 1 6 2015
rtrvised, 12,27'06

I DOCKING FACIUTYWARINA OPERATIONS ' M T his section not applicable
a. Check each of the following sanitary facilities that will be included in the proposed project.
❑ Office Toilets
❑ Toilets for patrons; Number: ; Location:
❑ Showers
❑ Boatholding tank pumpoub Give type and location:
b. Describe treatment type and disposal location for all sanitary wastewater.
C. Describe the disposal of solid waste, fish offal and trash.
d. How will overboard discharge of sewage from boats be controlled?
e. (i) Give the location and number of "No Sewage Discharge" signs proposed.
(ii) Give the location and number of "Pumpout Available" signs proposed.
f. Describe the special design, if applicable, for containing industrial type pollutants, such as paint, sandblasting waste and petroleum products.
g. Where will residue from vessel maintenance be disposed of?
h. Give the number of channel markers and "No Wake" signs proposed.
I. Give the location of fuel -handling facilities, and describe the safety measures planned to protect area water quality.
j. What will be the marina policy on overnight and live -aboard dockage?
k. Describe design measures that promote boat basin flushing?
I. If this project is an expansion of an existing marina, what types of services are currently provided?
RECEIVED
m. Is the marmatdocking facility proposed within a primary or secondary nursery area? DCM WILMINGTON, NC
❑Yes ❑No
JAN 1 6 20i5
>.,v. is 27 oe

n. Is the marinaldocking facility proposed within or adjacent to any shellfish harvesting area?
❑Yes ❑No
o. Is the marina/docking facility proposed within or adjacent to coastal wetlands/marsh (CW), submerged aquatic vegetation (SAV), shell bottom
(SB), or other wetlands (WL)? If any boxes are checked, provide the number of square feet affected.
❑CW ❑SAV ❑SB
OWL ❑None
p. Is the proposed marinaidocking facility located within or within close proximity to any shellfish leases? []Yes [:)No
If yes, give the name and address of the leaseholder(s), and give the proximity to the lease.
a. (1) Is the boathouse structure(s):
[]Commercial ❑PublicJGovemment ❑Private/Community
(ii) Number
(iii) Length
(iv) Width
Note: Roofed areas are calculated from dnpline dimensions.
14. GROIN (e.g., wood, sheetpile, etc. If a rock groin, use MP-2, Excavation and Fill.) r / It Vrhis section not applicable
a. (i) Number
(ii) Length
(iii) Width _
& BREAKWATER (e.g., wood, sheetpile, etc.) /H L(This section riot applicable
a. Length
c. Maximum distance beyond NHW, NWL or wetlands
6. MOORING PILINGS and BUOYS
a. Is the structure(s):
❑Commercial ❑Public/Government ❑Private/Community
C. Distance to be placed beyond shoreline
Note: This should be measured from marsh edge, if present.
e. Arc of the swing
7. GENERAL
b. Average distance from NHW, NWL, or wetlands
not applicable
e
b. Number
d. Description of buoy (color, inscription, size, anchor, etc.)
RECEIVED
DCM WILMINGTON, NC
JAN 1 6 2015

a. Proximity of structures) to adjacent riparian property lines
0t/%i';bQLJ /giL)Tr117-N0t&
Note: For buoy or mooring piling, use arc of swing including length
ofvessel.
c. Width of water body
r V/
e. (i) Will naviga onal aids be required as a result of the project?
❑Yes No ❑NA
(ii) If yes, explain what type and how they will be implemented.
b. Proximity of structure(s) to adjacent docking facilities.
pi2eCKV /1-DiAz��ti 1b SwcnF
t �d'Tb Nn2Tri
d. Water de
pt at waterward end of structure at NLW or NWL
� LY
18. OTHER ❑This section not applicable
a. Give complete description:
Rri lbtw /=Yltiini �tS�
�%I=1N�)uC L7lliTin� .5�>`/6' I,-bAnJW'l)A Ned iftin fit /-YM)nl VASb A-Johrin6 /JiUl,
/V/Jo-"-'-1vlr
Date
Project Name
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Complete Marine Construction Services
For Over 37 years!
CAPT. ED FLYNN--}— DURWOOD SYKES
Piers, Floating Docks, il Pilings, Bulkheads,
Boat Lifts, House Pilings, Repairs
P.O. Box 868 Phone/Fax: [phone]
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STATE OF NORTH CAROLINA BEFORE THE CHAIRMAN
COASTAL RESOURCES COMMISSION
COUNTY OF NEW HANOVER CMT-
IN THE MATTER OF THE THIRD PARTY RECOMMENDATION OF THE
HEARING REQUEST BY DIVISION OF COASTAL
STEPHEN M. VALENTINE MANAGEMENT
I. BACKGROUND
[Jill will fill in]
Under the CAMA, a third party may file a contested case hearing petition to challenge the
granting or denial of a CAMA permit to someone else only if the Coastal Resources Commission
(CRC or Commission) first determines that a contested case hearing is appropriate. N.C.G.S.
§113A-121.1(b) provides that along with being timely filed, the determination as to whether a
hearing is appropriate should be based upon a consideration of whether the petitioner:
1. Has alleged that the decision is contrary to a statute or rule;
2. Is directly affected by the decision; and
3. Has alleged facts or made legal arguments that demonstrate that the hearing
request is not frivolous.
The CRC has delegated the authority to its Chairman to determine whether a third party
request for a hearing should be granted or denied. Rule 15A NCAC 7J .0301(b). A third party
whose hearing request is granted may file a contested case hearing petition with the Office of
Administrative Hearings. N.C.G.S. § 113A-121.1(b). A third party whose hearing request is
denied may seekjudicial review. Id.
II. FACTS
[Jill will work on these using Permit File and with staff imput]
Pagel of 4

III. DCM'S RECOMMENDATIONS
--- - _ . ---- ---
4. Has the Petitioner Alleged that the--Declsron is Contrargto aStatute or Rule?
NO. -_ _ In order to prevail in a third party hearing request, a petitioner must first allege that the
agency has made a decision that is contrary to astatute or rule. N_C.G.S_§_113A-121.1(b)(1);
Petitioner alleges that because it is an adjacent ripariagpmper_ty- owner, the Permit for the dock
.- - - v-..-- - - -- — -- ---- ---- -.
and.pier require.Dockside LLC's consent_Staff _maintains that the authorized development fully
complies with the CRC's riparian access rule _15A—NCAC. 7H .0208(b)(6)(I). The authorized
development is located ,from the riparian line of division which exceeds le.15' minimum
setback. Furthermore, based upon multiple visits to the site by Staff, it is the position of Staff
- - --- ----.- -—- - -- --— - -- -
ihat,, as -required under- 15A NCAC_ .07H.02—08(a)(2)(G),_ the constructed facility does_not
jeopardize the use of adjacent waters for navigation_ or for other public trust rights in public mist
areas_ including estuarine waters. Theref_ore,_ itisStaffs position that riparian acces is o ,
Petitioner's: property has not been adversely_impacted by the docking facility authorized by the
minor modification to CAIvIA permrt #_ Accordingly Staff disagrees that Petitioner meets
the burden of demonstrating: [fiat he will be directly-affectedby the permit decision. N.C.G.S. §
113A-M.l(b)(2). - - - - ----------------------------------------
B. Is the Petitioner Directly Affected by the Decision?
Yes. Petitioners contend that "Dockside WB Investments, Inc. is directly adjacent to the
Petititoner's [sic] proposed project, which directly affects and impedes the waters of Wrightsville i
Sound lying between the corporate jurisdictions of City of Wilminton and the Town of
Wrightsville Beach and directly adjacent to the Petitioenr's riparian corridor and waters. Based
upon CAMA rules, Petitoiner's additional written consent to these improvements by Seagate
Offfice Park UOA and/or Brady Semmel is regired. This consent has not beenobtained from the
Page 2 of 4
Comment [hug 11: I don't agree that this should
be a "No". The appeal alleges that there is a
requirement under our rules for a riparian nparow
waiver. The fact that we don't agree with his
assertion does not mean that he has not "alleged that
the decision is contrary to statute or mle".
Additionally, the appeal incorporates by reference a
letterol`MV15. This letter also alleges u violation
o1`711.0601. therefore, I suggest that this item be
changed to a "yes" end simply reference the alleged
violations circle. The arguments that we make in
the current version of No. I could then be moved to

Petitioner." (See Petitioners' Petitioner p. 2) 4 -S set forth abov-e_Staff `s position is that
Petitoncr's=permissiont is not required in_this_instance because the permitted-development�is
-` - - - --'---- — —'—---- ---- _ ------
wlthin the riparian setback;_however, Staff does no[ contest that Petitioner nrpybe..direotly
'affected by the decision per the standard of N.C.G.S. § 1.13A-12 L 1(b)_ Mt _ _ Comment [hugz]: This may change depending
on what we do with current No. 1
C. Has the Petitioner demonstrated that the Hearing Request is not Frivolous?
No. Staff contends that Petitioner has failed to demonstrate that the hearing request is not I
frivolous as required by N.C.G.S. § I13A-121.1(b)(3).
Petitioner's pnmaryargument is that that the permitted dock [Robb -here is where
Braxton wants you to address the 7H .0208 issues like not impeding navigation, not beyond %4
width of water_body, not extending -into channel Please feel free to edit my, work in answer to
question -A as well:
?etitioner's contention about 7H .0601-MikeyThis is where Braxton wants you to
address the issues_ Asyouu can see�from the March 12, 2015 objection letter, much of the
Petitioner's argument isabdutlocalzoning: --------------------------------------
The Petitioner contends thatthc permit %vas issued in error due to the current use- of the eaistine -
structure (residential) being inconsistent with the local zoning which resitricts the use of the
existing The Petitioner cites the Coastal Resources Commission's
administrative rule 15A NCAC 7H 0601 No Violation Of Any Rule as the reason why the
permit should not have been issued given the above inconsistency between the local zoning and
use of the existing structure 15A NCAC 7H 0601 is codification of in administrative rule 1
& 113A-120(a)8 and & 113A-(bl)(4) of the Coastal Area Management Act (LAMA). However
& 113A-1 18(a) of CAMA also states that "After the date designated by the Secretary pursuant to
G S 113A-125. every person before undertaking anv development in any area of environmental
Page 3 of 4 '
I would also add
is inconsistent with any enforceable local policies or
artlessness. If the local gout raises such an issue.
during the permit review, the CAMA permit
generally can not be issued until these issues are
resolved. In this case; the local govt provided us a
.statement of"This agency has no comment on the
proposed development" Therefore, there was no
evidence support inconsistency with 7FtOWL
'Comment[hug4]: We should also point out that
Shanklin's objection in this area was based upon use
of the exisiting building/structme, and not part of the
property that was the subject ofour permit. Our
permit was just for a reconfig ofthe existing docking
facility with no addition of slips.' Therefore, even if
there was a violation of local wring requirements
relating to the existing building, it would not likely
have any bearing on our permit review for a docking

concern shall obtain (in addition to any other required State or local permit) a permit pursuant to_ Formatted: Font. Bold
the provisions of this Part" While the issuance of the CAMA permit is not in violation of any of
the Commission's administrative rules. it does not absolve the Petitioner from seekingother
ther
permits including those required locally necessary to complete their project This is true for any .
CAMA permit.
IV. CONCLUSION ,
In conclusion, Staff maintains that Petitioner has not met the criteria justifying a '
contested case hearing. For the reasons stated herein, the DCM Staff, through its undersigned
attorney, recommends that Petitioner's Third Party Hearing Request be DENIED by the
Chairman.
Page 4 of 4

I*A
DENR
North Carolina Department of Environment and Natural Resources
Pat McCrory Donald R. van der Vaart
Governor Secretary
July 21, 2015
SeaGate Office Park
c/o Brady Semmel
1310 Airlie Rd.
Wilmington, N.C. 28403
Dear Sir or Madam:
The enclosed permit constitutes authorization under the Coastal Area Management Act, and where
applicable, the State Dredge and Fill Law, for you to proceed with your project proposal. The original (buff -
colored form) is retained by you and it must be available on site when the project is inspected for
compliance. Please sign both the original and the copy and return the copy to this office in the enclosed
envelope. Signing the permit and proceeding means you have waived your right of appeal described below.
If you object to the permit or any of the conditions, you may request a hearing pursuant to NCGS
113A-121.1 or 113-229. Your petition for a hearing must be filed in accordance with NCGS Chapter 150B
with the Office of Administrative Hearings, 6714 Mail Service Center, Raleigh, NC 27611-6714, (919) 733-
2698 within twenty (20) days of this decision on your permit. You should also be aware that another
qualified party may submit an objection to the issuance of this permit within twenty (20) days.
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 requires additional approval. Please read your permit carefully prior to starting work and review
all project plans, as approved. If you are having the work done by a contractor, it would be to your benefit to
be sure that he fully understands all permit requirements.
From time to time, Department personnel will visit the project site. To facilitate this review, we
request that you complete and mail the enclosed Notice Card just prior to work initiation. However, if
questions arise concerning permit conditions, environmental safeguards, or problem areas, you may contact
Department personnel at any time for assistance. By working in accordance with the permit, you will be
helping to protect our vitally important coastal resources.
Enclosure
Sincerely,
7ua4sV. Huggettio
Major Permits and Consistency Manager
N.C. Division of Coastal Management
400 Commerce Avenue, Morehead City, North Carolina 28557
Phone: [phone] FAX [phone] Internet: www.nccoastalmanagement.net
An Equal Opportunity/Affirmative Action Employer

JUL-28-2015 15:55 From:KEN SHANKLIN 9102511773 To:12522473330 P.1/12
SHANKLIN & NICHOLS, LLP
ATTORNEYS AT LAW
2 ( 4 MARKET STRerT
Po5T OFFICE BOX 1347
WILMINGTON. NORTH CAROLINA 28402.1 347
TELEPHONE [phone] • TELEFAX [phone]
E-MAIL; [e-mail]
KENNETH A. SHANKLIN'
ABp•AO CIZ�CV S0EWAUST IN
RWLFgpFCMY LAw-pESIOENn•L BVe^�N665,
CCNMEflC1LL/Wp InoySrvgLTv/.N6ACTIONS
Braxton Davis. Director
Division of Coastal Management
400 Commerce Avenue
Morehead City, NC 28557
VIA TELEFAX #252-247-3330
AND FEDERAL EXPRESS
#7741 5432 3930
Attorney General's Office
Environmental Division
9001 Mail Service Center
Raleigh, NC 27699-9001
VIA TELEFAX 17919-716-6767
MATTHEW A. NICHOLS"
•*AtZO ADiyIam IN NEW YokR
July 28, 2015
Ms, Debbie Wilson
Wilmington District Manager
N.C. Division of Coastal Management
127 Cardinal Drive Ext.
Wilmington, NC 28405
VIA TELEFAX #910-395.3964
Seagate Office Park
c/o Brady Semmel
1310 Airlie Road
Wilmington, NC 28403
VIA U.S. FIRST CLASS MAID,
Re: Permitee/Landowner — Seagate Office Park
Subject Property — 1310/1312 Airlie Road, Wilmington, NC
Permit No. 76-15
Petitioners — Dockside WB Investments, LLC
Our File No, 2015005.1
Dear Sirs/Madams:
Attached please find a copy of CAMA Third Party Hearing Request Form (DC" Form
S), along with Exhibit A — Reaponse to 3 Questions on Hearing Request Form, Exhibit A-1 —
Copy of the Petitioner's Objection Letter and Exhibit A-2 — Copy of the Permit for the above
referenced matter. If there is a filing fee required, please advise and we will send you a check.
4enVery trul yours,
neth A. Shanklin
KAS/nac
Enclosures
cc: Mr. Doug Leech
Dockside WB Investments, LLC

JUL-28-2015 15:55 From:KEN SHRNKLIN
9102511773 To:12522473330 P.2/12
CAMA THIRD PARTY
HEARING REQUEST FORM
DCM FORM 5 j
DCM FILE No:
PETITIONER'S NAME DOCKSIDE WB INVESTMENTS LLC
COUNTY WHERE THE DEVELOPMENT IS PROPOSED NEW HANOVER
PLEASE TAKE NOTE that the undersigned, a person affected by the decision of (check one):
a Local Permit Officer acting on a CAMA Minor Development Permit application; or
X the Division of Coastal Management acting on a CAMA Permit application
hereby requests permission from the Coastal Resources Commission (CRC) to file an appeal pursuant
to N.C.G.S. § 113A-121.1(b) and 15A N.C.A.C. 07J .0301. (Please attach a copy of the permit, If you
cannot obtain a copy of the permit, please provide the name of the permiltee, the project location, and
the permit number.) Requests are reviewed and determined by the chairman of the CRC to determine
whether a hearing should be granted. 15A N.C.A.C. 07J ,0301(b). Approval of a Third Party Hearing
Request allows apetitioner to file a contested case petition with the Office of Administrative Hearings
within twenty (20) days of receipt of the CRC's Order. N.C.G.S. § 113A-121.1(b). Denial of a Third
Party Hearing Request is a final agency decision which may be appealed to Superior Court under
N.C.G.S. § 113A-121.I(b) and Chapter 150B, Article 4.
For this application to be complete, the Petitioner must address each of the three factors listed below.
The CRC's chairman's decision to grant a hearing will be based on whether the Petitioner:
(1) Has alleged that the decision is contrary to a statute or rule (N.C.G.S. § 113A-121.1(b)(01;
(Please cite the statute or regulation allegedly violated by the permit decision.)
(2) Is directly affected by the decision [N.C.G.S. § 113A-121.1(b)(2)); and
(Please describe how you are directly affected by the permit decision, Persons directly
affected by a decision often include, but are not limited to, owners of real properly in the
vicinity of the proposed development who can show that it is likely to have a. significant
adverse effect on the value and enjoyment of their properly, or persons who can
demonstrate a history ofsub.siantial use ofpublic resources in the area directly affected
by the development.)
(3) Has alleged facts or made legal arguments that demonstrate that the request for the
bearing is not frivolous, [N.C.G:S,-§-1-13A=12FI'(b)(3))-r(Suinmarize the evidence and
arguments you would present at a hearing in supporl ofyour appeal explaining why the permit
was improperly issued.)
Please answer these questions on a separate piece of paper and attach it to this form,

JUL-28-2015 15:55 From:KEN SHANKLIN
9102511773 To:12522473330 P..3/12
The Commission notes that there are some opinions of the ,Slate liar which indicate that non -attorneys may not
represent others at quasi-judicial proceedings such as this Third party Nearing Request before the Commission.
These opinions note that the practice of non -lawyer professionals„ such as engineers, surveyors or contractors,
representing others in quasi-judicial proceedings through written argument may be -considered the practice of
law, Before you proceed with this hearing request, you may wish seek the advice <f counsel before having a
non lawyer represent your interests through preparation of this Petition.
DELIVERY OF THIS HEARING REQUEST
This request must be received by the Division of Coastal Management.(UCM) within twenty (20) days
of the date of the disputed.permit decision. N,C.G.S'.,§ 1.13Ad2-1.1(b). Failure to do so constitutes
waiver of the right to request a hearing. A copy of this request must also be sent to the Attorney
General's Office, Environmental Division, 15A N.C.A C, 07J :0301'(b).
, Contact Information for DCM:
By mail, express mail or hand delivery:
Director
Division of Coastal Management
400 Commerce Avenue
Morehead' City, NC 28557
By Fax:
[phone]
By Email.
Check DCM website for the email
address of the current DCM Director
www.necoastalmanagenient.net
Contact Information for Attorney General's Office:
By U:S. mail:
Environmental Division
9001 Mail Service Center
Raleigh, NC 27699-9001
By express mail:
Environmental Division
114 W. Edenton Street
Raleigh, NC 27603
By Fax:
[phone]
Pesponses to the above factors, the and sign ereby requests a third party
or Attorney Date
—e neth A. Shanklin. Shanklin & Nichols. LLP
Printed Name of Petitioner or Attorney
P,0, Box 1347
Mailing Address
shanklawAcarthlink neL
Email address of Petitioner or Attorney
( 910 ) 762.9400
Telephoge number of Petitioner or Attorney
Wilmington NC 28402 ( 9.10) 251-1773
City State Zip . 1 ax i1Limbcr-Of Petitioner.or-Attorney—
Updated: February 2011

JUL-28-2015 15:55 From:KEN SHRNKLIN 9102511773 To:12522473330 P.4/12
CERTIFICATE OF SERVICF
I hereby certify that this Third Party Hearing Request has been served on the State
agencies and others named below by depositing copies of it with the United States Postal Service
with sufficient postage for delivery by first class mail, Federal Express and/or facsimile to the
named agencies and individuals.
Original served on:
and a copy served on:
Braxton Davis, Director
Division of Coastal Management
400 Commerce Avenue
Morehead City, NC 28557
VIA TELEFAX #252-247-3330
and VIA FEDERAL EXPRESS
Attorney General's Office
Environmental Division
9001 Mail Service Center
Raleigh, NC 27699-9001
VIA TELEFAX 9919-716-6767
Ms. Debbie Wilson
Wilmington District Manager
N.C. Division of Coastal Management
127 Cardinal. Drive Ext.
Wilmington, NC 28405
VIA TELEFAX #910-395-3964
Seagate Office Park
c/o Brady Sentinel
1310 Airlie Road
, Wilmington, NC 2f
`�Q
This the 0� 0 dray of July 2015.
Matthew A. Nichols #23403
SHRNKLIN & NICHOLS, LLP
Attorneys for Petitioners, Derek M
wife, Louise M. Winstanly
214 Market Street
P.O. Box 1347
Wilmington, NC 28402
'telephone: [phone]
Telefax: (910)-251-1773
E-mail: [e-mail]
W instanly and

JUL-28-2015 1S:SS From:KEN SHRNKLIN 9102511773 To:12522473330
P.5/12
EXHIBIT "A"
TO
THIRD PARTY HEARING REQUEST OF CAMA PERMIT DECISION
KENNETH A. SHANKLIN
MATTHEW A. NICHOLS
ATTORNEYSFOR
DOCKSIDE WB INVESTEMENTS, LLC, PETITIONER
PERMITTEE: SEAGATE OFFICE PARK c/o BRADY SEMMEL
LANDOWNER: SEAGATE OFFICE PARK
SUBJECT PROPERTY: 131011312 Airlie Road
Wilmington, NC 28403
PERMIT NUMBER: 76-15
RESPONSE TO 3 QUESTIONS ON HEARING REQUEST FORM:
(1) Has alleged that the decision is contrary to statute or rule IN.C.G.S. § 113A-
121.1(b)(I)I; (Please cite the statute or regulation allegedly violated by the permit
decision.)
Response: Petitioner alleges that the decision is contrary to the Coastal Area
Management Act and N.C. Gen. Stat. § 113A-121.1(b)(1); and hereby incorporate by reference
Petitioner's objections set forth in a letter from Shanklin & Nichols, LLP to Braxton C. Davis,
Director, NC DENR — Division of Coastal Management, bearing a date of March 12. 2015. A
copy of this letter is attached hereto and marked as Exhibit A-1. The proposed modifications to
the dockage and pier for Seagate Officc Park UOA anal/or Brady Semmel require an additional
consent of the riparian property owner, Dockside WB Investments, Inc., which will not be
forthcoming because of the objections of Petitioner Dockside WB Investments, Inc.
(2) Is directly affected by the decision IN.C.G.S. § 113A-121.1(b)(2)I; and
(Please describe how you are directly affected by the permit decision. Persons directly
affected by a decision often. include, but are not limited to, owners rtf real property in the
vicinity of the proposed development who can .chow that it is likely to have a significant
adverse affect on the value and enjoyment of their property, or persons who can
demonstrate a history of substantial use of public resources in the area directly affected
by the development.)
Response: Dockside WB Investments, Inc, is directly adjacent to the Petitioner's
proposed project, which directly affects and impedes the waters of Wrightsville Sound lying

JUL-i�tl-Mti 15:55 From:KEN SHANKLIN 9102511773 To:12522473330 P.6/12
between the corporate jurisdictions of City of Wilmington and the Town of Wrightsville Beach
and directly adjacent to the Petitioners riparian corridor and waters. Based upon CAMA Rules,
Petitioner's additional written consent to these improvements by Seagate Office Park UOA
and/or Brady Semmel is required. This consent has not been obtained from the Petitioner.
(3) Has alleged facts or made legal arguments that demonstrate that the request for the
hearing is not frivolous [N.C.G.S. § 113A-171.1(b)(3)1. (Summarize the evidence and
arguments you would present at a hearing in support of your appeal explaining why The
permit was improperly issued.)
Response: Petitioners allege that the decision is contrary to the Coastal Area
Management Act and N.C. Gen. Stat. § 113A-121.1(b)(1); and hereby incorporate by reference
Petitioner's previous objections and emails to DCM and the City of Wilmington noting
Petitioner's objections to the subject Permit No. 76-15 issued to Seagate Office Park.
2

JUL-29-2015 15:56 From:KEN SHANKLIN 9102511773 To:12522473330 P.7/12
EXHIBIT
SHANKLIN & NICHOLS, LLP A
ATTORNEYS AT LAW
214 MARKETS7REET
POST OFFlGE Box 1347
WILMINGTON. NORTH CAROLINA 28402.1347
TELEPHONE [phone] • TELeFAx [phone]
E-MAIL: SHANKLAWOXARTHUNK.NET
KENNEM A. SHANKLIN• MATTHCW A. NICHOLS••
•OFEN 1.0kw-Rv5•ecuuet In
OOMM6iKI,LLAN0INOV'oTAIALTMN6ACTONb ••pL[o AOu.CvgoIn NLw yOM
March 12, 2015
VIA HAND I)EIJWRX
Mr. Braxton C. Davis, Director
NC DENR — Division of Coastal Management
127 Cardinal Drive Ext.
Wilmington, NC 28405-3845
Re: OBJECTION TO CAMA MAJOR PERMIT APPLICATION
BY ADJACENT RIPARIAN PROPERTY OWNER
Applicant: Seagate Office Park UOA and/or Brady Semmel, for property located
at 1310/1312 Airlie Road, Wilmington, New Hanover County, NC
Opponent: Dockside WE Investments, LLC (1308 Airlie Road)
Our Re Na. 2015005
Dear Mr. Davis:
We represent Dockside WB Investments, LLC--the above -referenced opponent and
owner of riparian property immediately south of and adjacent to the property which is the subject
of the LAMA Major Permit Application being objected to herein.
Recently, our client received notice regarding an Application for a CAMA Major
Development Permit (the "Application"), for property located at 1310/1312 Airlie Road,
Wilmington, N.C.' by the Seagate Office Park UOA at 1310 Airlie Road, The Application
addresses a proposed relocation of a pier and other improvements (the "Project"),
By way of an initial response to the Application, my client strongly objects to the
Application and proposed project and desires to have this objection deemed timely and
considered in any deliberation on the matter and the Application. We are still investigating the
issues raised by this Application and Will Supplement this objection in due course.
r Based upon a review of the Application dated January 14, 2015, it is unclear to us who the
applicant is. The "Business Name" listed on the first page of the Application states: "Seagate
Aidie Office Parr'. The word "Seagate" is crossed through. Applicant 1 on page I is listed as
Brady Semmel. The application is signed by neither, and is signed by Ed Ryan as agent.

JUL-28-2015 15:56 From:KEN SHRNKLIN 9102511773 To:12522473330 P.8/12
Mr. Braxton C. Davis, Director
NC DENR — Division of Coastal Management
March 12, 2015
Pap -2-
However, initially, my client does not waive any of Its riparian rights vested under
Statutory or Common Law of the State of North Carolina, and secondly does nW waive any of
the riparian rights accruing to my client by virtue of applicable Rules and Regulations adopted
by the Coastal Resources Co+. miFaion (the "CRC") and NCDENR-DCM and the Common Law
of this State.
Moreover, my client objects to any extension of the existing pier structures into the
public waters of Wrightsville Sound toward the corporate limits of the Town of Wrightsville
Beach ("Town'7. By copy of this letter, we are putting the Town and the City of Wilmington
("City") on Notice of our objections.
My client has significant concerns with the adverse impact that the proposed Application
will have to my client's well -established commercial use as a waterfront restaurant and marina.
The Dockside Restaurant remains one of the very few restaurants in all of Wilmington where
customers can arrive by boat and have a place to dock their boat or other watercraft while they
dine. The boat slips at the Dockside Restaurant are designated for restaurant customer use, and
the boat slips and the safety and ease of navigability of the Dockside marina in general are a
paramount concern to my client and are critical to the Dockside Restaurant, which relies heavily
on its water-dapeadent structures and boating customers for its commercial viability.
We would also note, that based upon our preliminary review, the subject property is
zoned CB (Community District) Zoning District by the City of Wilmington under Wilmington
Land Development Code ('LDC) § 1.8-194 and the Wilmington Official Zoning Map. The
Application lists that the property is zoned commercial, which is also consistent with the
development's toame ("Seagate Office Park") and the Declaration creating unit ownership
(condominium) for this property under Chapter 47A of the North Carolina General Statutes,
recorded on December 31, 1985, in Book 1313 at Page 1287, New Hanover County, and
amendments thereto, which Declaration appears to restrict the property to commercial use (See
Article V., Use Restrictions, Section A) ("Each unit is hereby restricted to the business use by
the owner hereof, ... "). The First Amendment to the Declaration recorded on July 18, 1997, in
Book 2212 at Page 456 of the New Hanover County Registry, also states in Section 1 that
"Seagate Office Park is a commercial use condominium ...."
At a recent Public Hearing in the City of Wilmington, Dr. Semmel stated that he Is a
residen of the subject property, which we understand is his primary residence.
The Wilmington LDC allows residential uses only in limited instances in the CB District,
and only then under prescribed conditions, generally either as part of an approved Commercial
District Mixed Use ("CDMU") project under Wilmington LDC § 18-257, of as a qualifying
residential unit contained within a principal use under Wilmington LDC § 18.299. See
Wilmington LDC § 18-194(c). We are not aware of any approvals by the City of Wilmington for
this property as a CDMU project in a CB District under Wilmington LDC § 18-257. We are also
not aware of circumstances that would qualify this property as a residential unit contained within
a principal use under WRtaimgton LDC § 18-299, but an analysis of this would require a fairly

JUL-28-2015 15:56 From:KEN SHRNKLIN 9102511773 To:12522973330 P.9/12
Mr. Braxton C. Davis, Director
NC DENR — Division of Coastal Management
March 12, 2015
Page -3-
detailed site inventory to determine if the 50% floor area ratio is not exceeded, wbetber there is
sufficient off-street parking, whether there is additional open space provided on the property, and
other criteria under Wilmington LDC § 18-299. It is our understanding that other persons are
residing in other units within the Seagate Office Park. As you know, this is important because,
among other reasoas,.North Carolina Administrative Code, Title 15A. Environment and Natural
Resources, Chapter 07. COASTAL MANAGEMENT, Subchapter H. STATE GUIDELINES
FOR AREAS OF ENVIRONMENTAL CONCERN, provides in relevant part as follows:
§ 0711.0601. NO VIOLATION OF ANY RULE
No development shall be allowed in any AEC which would result in a
contravention or violation of any rules, regulations, or laws of the State of
North Carolina or of local government in wbich the development takes
place.
Rule 07H .0601.
Accordingly, we object to the Application on these grounds as well, and by copy of this
letter to the City of Wilmington, we are requesting that the City of Wilmington Code
Enforcement inquire into the zoning compliance status of the subject property for a residential
use in a CB Zoning District. We reserve the right to supplement this objection depending upon
the outcome of City Code Enforcement's inquiry. We note also that even if the residential use of
this property is deemed to be a valid nonconforming use, my client would continue to object to
the Application on the ground of a potentially impermissible expansion or modification of a
nonconforming use. Additionally, the application lists the proposed use as "private" rather than
"commercial". No zoning compliance certificate is attached to the Application.
At your convenience, we would appreciate the opportunity to meet with you or Ms.
Debbie Wilson to address the findings of our investigation of this pier structure associated with
Seagate Office Park, which is a commercial structure and use and not a residential use.
With best regards, I remain
KAS/nac
cc: Ms. Debbie Wilson, District Manager
Seagate Office Park Unit Owners Association, Inc.
Brady 1. Semmel, M.D.
Town of Wrightsville Beach
City of Wilmington Code Enforcement

JUL-2e-2015 15:56 From:KEN SHRNKLIN 9102511773 To:12522473330 P.10/12
•R•••..........r..�. �.•::,'«N�.«.r.v.'n. .`^:'<..V:. .....0>'Yee.'.'.ti(�'+kJofg4<.'»a»syMIM!4M:n,. n�'i1..M�Y}!%�.iJ.fLT
PermC'• lass....
NEW Permit Number
76-15
t STATE OF NORTH CAROLINA
7
FDepartment of Environment and Natural Resources EXHIBIT
s and
Coastal Resources Commission A -} cZ
Vermit
for
X Major Development in an Area of Enviroamental Concern
pursuant to NCGS 113A-118
Excavation and/or filling pursuant to NCGS 113-229
Issued to Sea ate Office Park c/o Brady Semme) 1310 Alrlie Road Wilmington, NC 28403
Authorizing development in New anover County at_adi. to AIWW, I310/1312 Airlie Road
Wilmlt1gIon , as requested in the permittee's application dated 1/14/I 5 � cn ludl�g the
attached workman drawings (5)all dated 1/14/15,
This permit, issued on —. July 10 701s_ 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 vold.
Doeldrig rsteility
1) Unless specifically altered herein, this permit authorizes the reconfiguration of the existing docking
facility and other structures and uses that are expressly and specifically set forth in the attached
permit application and workplan drawings. No other structure, whether floating or stationary, shall
become a permanent part of this docking facility without permit modification. No non water
dependent uses of structures shall be. conducted on, in or over public trust waters without permit
modification.
2) No sewage, whether treated or untreated, shall be discharged at any time from any boats using the
docking facility. Any sewage discharge at the docking facility 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 the permitted structure.
(See attached sheets for Additional Conditions)
This permit action may be appealed by the permittee or Signed by the authority of the secretary of DENR and the
other qualified persons within twenty (20) days of the issuing Chairman of the Coastal Resources Commission,
Jam
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 wotlt must cease when the permit expires on
December 31, 2018
In issuing this permit, the State of North Carolina agrees
that your project is consistent with the North Carolina Coastal
Management Program.
Braxton C. Davis, Director
Division of Coastal Management
This pennit and its conditions are hereby accepted.
Signature of Permitter
J'T:YviJ0.'!rT:t/I,r't V<L,M,vr'. i.,'K«n,,n. �.• :A.-�...� .. n.....�....vv.:'.a;.:.a�.....u...�..'.: u... n...... :.. ......�...

JUL-28-2015 15:57 From:KEN SHANKLIN 9102511773 ,To:12522473330 P.11/12
Seagate Office Park c/o Brady Somme[
ADDITIONAL CONDITIONS
Permit #76-15
Page 2 of 3
3) 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.
4) The permittee shall maintain the authorized work in good condition and in conformance with the terms
and conditions of this permit. The permittee is not relieved of this requirement if he abandons the
permitted activity without having it transferred to a third party. '
5) This permit does not authorize the interference with any existing or proposed Federal project, and the
permittee shall not be entitled to compensation for damage to the authorized structure or work, or injury
which may be caused from existing or future operations undertaken by the United States in the public
interest.
6) The permittee shell 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 a minimum, permanent
reflectors shall be attached to the structure in order to make it more visible during hours of darkness or
inclement weather.
7) This permit does not authorize any additional formalized boat slips in association with this docking
facility.
General
8) The permittee understands and agrees that, if future operations by the United States requires the
removal, relocation, or other alteration of the structure or work authorized by this permit, or if in the
opinion of the Secretary of the Army or his authorized representative, said structure or work shall cause
unreasonable obstruction to free navigation of the navigable waters, the permittee will be required, upon
due notice from the Corps of Engineers, to remove, relocate or alter the structural work or obstructions
caused thereby, without expense to the United States or the state of North Carolina. No claim shall be
made against the United States or the state of North Carolina on account of any such removal or
alteration.
9) No vegetated wetlands or open water areas shall be excavated or filled, even temporarily, without permit
modification.
10) 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.
11) the permittee and/or his or her contractor shall meet with a representative of the Division prior to
project initiation.

JUL-28;2015 15:57 From:KEN SHRNKLIN 9102SI1773 To:12522473330 P.12/12
.......... .. ...... . . .
'f Seagate Office Park c/o Brady Semmel Permit 076-15
Page 3 of 3
ADDITIONAL CONDITIONS
NOTE: This permit does not eliminate the need to obtain any additional slate, federal or local permits,
approvals or authorizations that may be required.
OTE: 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 normal high water level.
NOTE: The N.C. Division of Water Quality has authorized the proposed project under DWQ Project No.
15-0204.
NOTE; The U.S. Army Corps of Engineers authorized the proposed project under COE Action Id. No.
SAW-2015-00584, which was issued on 3/27/15.
NOTE; An application processing fee of $250 was received by DCM for this project.

Bennett, Ronda
From: Coats, Heather
Sent: Tuesday, November 03, 2015 12:30 PM
To: Bennett, Ronda
Subject: RE: Holding and Semmel Permits
Ronda,
Brady Semmel's contractor said the best mailing address for Dr. Semmel is 1422 Commonwealth Drive, Wilmington,
28403.
I've sent an electronic copy- but do you think we should resend a hard copy with a copy of the letter?
Thanks! Hope you'rte having a nice (although another rainy!) day!
Heather Coats
Assistant Major Permits Coordinator
Division of Coastal Management
North Carolina Department of Environmental Quality
910 796 7424 office.
h e at h e r. c o a is Ca) n cd e n r. a ov
127 Cardinal Drive Extension
Wilmington, NC 28405
�rNothtng 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: Bennett, Ronda
Sent: Thursday, October 29, 2015 3:01 PM
To: Coats, Heather <[e-mail]>
Subject: RE: Holding and Semmel Permits
In checking the files it was sent to Brady Semmel of Sea Gate Office Park on July 21, 2015 at 1310 Airlie Rd. Wilmington.
28403. We never rec'd a signed copy back. Is the address the correct mailing address?
Ronda C. Bennett
*E-Mail correspondence to and from this address may be subject to the North Carolina Public Records Law and may be
disclosed to third parties unless the content is exempt by statute or other regulation.*

a
;1 Department of Environmental Quality
I Office Manager
"I Bennett, Ronda
ddd [phone].Ext 206Work
mnda.benht [e-mail]
` NC Divisionpf.Coastal Management
1400 Commerce Avenue
Morehead Citv:North.Carolina 28557
1%, L; <f—�Nothing Compares„,.
Please visit www.nccoastalmanagement.net to subscribe to Coastal Management's quarterly newsletter, the
CAMAgram.
From: Coats, Heather
Sent: Thursday, October 29, 2015 2:37 PM
To: Bennett, Ronda <ronda.bennettPncdenr.gov>
Subject: FW: Holding and Semmel Permits
Hi Ronda,
It seems the permit for Seagate Office Park wasn't sent to the permittee or his agent (see emails below). Do you recall if
you received the original permit and a distribution sheet to send out to everyone or have any record of it? I believe Doug
would have given it to you since he was working on that one. And we received a WiRO copy, so it seems it went out to
some extent...
Thanks!
Heather
Heather Coats
Assistant Major Permits Coordinator
Division of Coastal Management
North Carolina Department of Environmental Quality
910 796 7424 office
heather. coatsO.ncdenr.aov
127 Cardinal Drive Extension
Wilmington, NC 28405
KT<:—'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.

l4
From: Mairs, Robb L
Sent: Wednesday, October 28, 2015 9:34 AM
To: Ed Flynn <[e-mail]>
Cc: Coats, Heather <[e-mail]>
Subject: RE: Holding and Semmel Permits
Ed,
We have processed the renewal request for Mr. Holding's permit, so hopefully we will have it reissued soon. As
discussed, we are onboard with your latest proposal under a letter of refinement once this permit is reissued.
We are not sure about why you or Mr. Semmel did not receive a copy of the permit when issued, but we will look into it.
As discussed, this was during the transition when Jonathan Howell and Daniel Govoni with the Major Permits Section
moved into new positions, so Doug Huggett was very shorthanded. Also, this permit was appealed so there was a lot of
effort from staff through the assistance of our attorney to defend our decision to issue the permit. As you are aware,
the 3rd party appeal was denied. Attached is a copy of Mr. Semmel's permit and we look into having the original sent to
the applicant for his signature.
Thanks for your patience.
Robb Mairs
Field Representative
Division of Coastal Management
North Carolina Department of Environmental Quality
910 796 7423 office
robb.mairs(d)ncdenr.00v
127 Cardinal Drive Extension
Wilmington, NC 28405
Kz- -5"�'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: Ed Flynn [mailto:[e-mail]]
Sent: Wednesday, October 21, 2015 9:01 AM
To: Mairs, Robb L <[e-mail]>
Subject:
Robb, Just a follow on status of Semmel permit and Holding renewal.
Thanks, Ed

K-�
Environmental
Quality
November 3, 2015
Seagate Office Park
c/o Brady Semmel
1422 Commonwealth Drive
Wilmington, N.C. 28403
Dear Sir or Madam:
PAT MCCRORY
Governor
DONALD R. VAN DER VAART
Semrary
The enclosed permit constitutes authorization under the Coastal Area Management Act, and where applicable, the
State Dredge and Fill Law, for you to proceed with your project proposal. The original (buff -colored form) is retained by
you and it must be available on site when the project is inspected for compliance. Please sign both the original and the copy
and return the copy to this office in the enclosed envelope. Signing the permit and proceeding means you have waived your
right of appeal described below.
If you object to the permit or any of the conditions, you may request a hearing pursuant to NCGS 113A-121.1 or
113-229. Your petition for a hearing must be filed in accordance with NCGS Chapter 150B with the Office of
Administrative Hearings, 6714 Mail Service Center, Raleigh, NC 27611-6714, [phone] within twenty (20) days of
this decision on your permit. You should also be aware that another qualified party may submit an objection to the issuance
of this permit within twenty (20) days.
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 requires additional
approval. Please read your permit carefully prior to starting work and review all project plans, as approved. If you are
having the work done by a contractor, it would be to your benefit to be sure that he fully understands all permit
requirements.
From time to time, Department personnel will visit the project site. To facilitate this review, we request that you
complete and mail the enclosed Notice Card just prior to work initiation. However, if questions arise concerning permit
conditions, environmental safeguards, or problem areas, you may contact Department personnel at any time for assistance.
By working in accordance with the permit, you will be helping to protect our vitally important coastal resources.
Enclosure
Sincerely,
Douglas V. Huggett
Major Permits and Consistency Manager
N.C. Division of Coastal Management
Nothing Compares
400 Commerce Ave., Morehead City, NC 28557
Phone: [phone] FAX: [phone]
An Equal Opportunity 1 Affirmative Action Employer— Made in part by recycled paper

DCM Coordinator: k1tA-C V- ki
Permit #•
DCM Field Offices
Elizabeth City (with revised work plan drawings)
Morehead City
Was ' _
i ingto
US ACOE Offices:
Washington: Raleigh Bland
Tracey Wheeler
William Westcott (NC DOT)
Bill Biddlecome (NC DOT)
Wilmington: Tyler Ctum61
Cultural Resources: enee Gledhill -Ear
Public Water Supply: iane Williams )
ARO)
Marine Fisheries:
NC DOT: en Pace
Shellfish Sanitation: attt Fowler
State Property: m Walton'
Water Quality: en Hi ins (Ralei
John Hennessy (NC DOT)
Washington: Anthony Scarbraugh-401
Scott Vinson-Stormwater
Wilmington: Joanne Steenhuis-401
Chad Coburn - 401
Linda Lewis - Stormwater
Wildlife Resources: Maria Dunn (WAROL_
�f
LPO:
Fax Distribution: Permitee #:
Agent

2.
3.
4.
5.
6.
A
DIVISION OF COASTAL MANAGEMENT
FIELD INVESTIGATION REPORT
APPLICANT'S NAME: Seagate Office Park Unit Owners Association, Inc. c/o Brady J. Semmel
LOCATION OF PROJECT SITE: 1310-1312 Airlie Road, in Wilmington, New Hanover County.
Photo Index - 2006: 22-7424 I, 14-15
State Plane Coordinates- X: 2358093
Latitude: 34'12'57.11" N
INVESTIGATION TYPE: CAMA
2000: 22-273 J, 15 1996: 22-255 J, 13
Y:171679
Longitude: 77048'56.06"W
ROVER FILE 0-081315A
INVESTIGATIVE PROCEDURE: Dates of Site Visit — 8/13/2014
Was Applicant Present — Yes and agent
PROCESSING PROCEDURE: Application Received — 2/11/2015 (completed)
Office — Wilmington
SITE DESCRIPTION:
(A) Local Land Use Plan — City of Wilmington/New Hanover County
Land Classification From LUP - Conservation
(B) AEC(s) Involved: EW, PTA
(C) Water Dependent: Yes
(D) Intended Use: Residential
(E) Wastewater Treatment: Existing — CFPUA
Planned — N/A
(F) Type of Structures: Existing — Condominium building, bulkhead, floating docks, timber
breakwater, and mooring pilings
Planned — Reconfigure existing slips within shared docking facility
Source - N/A
(G) Estimated Annual Rate of Erosion: N/A Source — N/A
HABITAT DESCRIPTION: [AREA]
DREDGED FILLED OTHER
(A) Coastal Wetlands
B Open water
325 s . ft.
(C) Other (Highground redevelopment)
(D) Total Area Disturbed: 325 sq. ft. (0.007 acres)
(E) Primary Nursery Area: No
(F) Water Classification: SB Open: No
PROJECT SUMMARY: The applicant proposes to reconfigure existing boat slips within shared docking
facility.

DIVISION OF COASTAL MANAGEMENT
APPLICATION TRANSMITTAL AND PROCESSING RECORD
1) APPLICANT: Seagate Office Park Unit Owners Association COUNTY: New Hanover
PROJECT NAME: Seagate Office Park Docking Facility Reconfiguration
LOCATION OF PROJECT: 1310-1312AirlieRd, adjacent to theAIWW, in Wilmington
DATE APPLICATION RECEIVED COMPLETE BY FIELD: 2-11-15
FIELD RECOMMENDATION: Attached: YES
CONSISTENCY DETERMINATION: Attached: n/a
FIELD REPRESENTATIVE: Mairs
/1 r'
DISTRICT MANAGER REVIEW:
B) DATE RECEIVED BY MAJOR PERMITS UNIT:
PUBLIC NOTICE REC'D: 2-20-15
ADJ. RIP. PROP NOTICES REC'D:
APPLICATION ASSIGNED TO: . L 6—u d
C) 75 DAY DEADLINE: 4J Z� ( ,
MAIL OUT DATE: 2-18-15
FEDERAL DUE DATE:
PERMIT FINAL ACTION: ISSUE DENY
To Be Forwarded: n/a
To Be Forwarded: n/a
DISTRICT OFFICE: WILMINGTON
FEE REC'D: $250
END OF NOTICE DATE: 3-13-15
DEED REC'D:
ON:
150 DAY DEADLINE:
STATE DUE DATE: 3-13-15
FED COMMENTS REC'D:
AGENCY
DATE
COMMENTS
RETURNED
OBJECTIONS:
YES NO
NOTES
Coastal Management - Regional Representative
Z23, i S
✓
Coastal Management - LUP Consistency
Division of Community Assistance
Land Quality Section (DEMLR)
�- 5 / S
✓
Division of Water Resources (401)
Storm Water Management (DEMLR)
State Property Office
3 1 i-15
Division of Archives & History
3- I D 15
Division of Environmental Health
% 21-1 Sr
Division of Highways
3- �Ct _ 13,
Wildlife Resources Commission
3-13-/5-
Local Permit Office
Division of Marine Fisheries / DCM
1- I S
✓
Corps of Engineers

Wil
40a
NCDENR
North Carolina Department of Environment and Natural Resource
Pat McCrory
Governor
February 18, 2015
Division of Coastal Management
MEMORANDUM:
TO:
FROM:
SUBJECT:
Applicant:
Tim Walton
Dept of Administration
State Property Office
Donald R. van der Vaart
Secretary
RECEIVED
FEB IL 9 2011
DOA
STATE PROPERTY
OFFICE
Jonathan Howell, NC DENR-DCM Assistant Major Permits Coordinator
400 Commerce Avenue, Morehead City, NC 28557 (Courier 11-12-09)
CAMA Application Review
Seagate Office Park UOA
Project Location: 1310-1312 Airlie Rd., adjacent to the AIWW, in Wilmington, New Hanover County
Proposed Project: to reconfigure existing boat slips within a shared docking facility
Please indicate below your agency's position or viewpoint on the proposed project and
return this form to Jonathan Howell at the address above by March 13, 2015.
If you have any questions regarding the proposed project, contact Robb Mairs at
[phone] when appropriate, in depth comments with supporting data is requested.
This agency has no objection to the project as proposed.
his 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.
DATE I -,): - 1
Aal Management
127 Cardinal Drive Ext., Wilmington, NC 28405
Phone: [phone] FAX: [phone] Internet: www.ncooastaimanaaement.net
RECEwD
MAR 17 7n14
DC"-MHp Ciro
An Equal Opportunity 1Afirmadve Action Employer

NCDENR
North Carolina Department of Environment and
Pat McCrory
Governor
March 11, 2015
Mr, Brady Semmel
Se ate Office Park LOA
1310 Airiie Road
Wilmington, NC 28403
Subject: EXEMPTION
Stormwater Project No. SW8150217
Seagate Boat Slip Project
New Hanover County
Dear Mr. Semmel:
Natural Resources
Donald van der Vaart
Secretary
The Wilmington Regional Office of the Division of Energy, Mineral, and Land Resources received a copy of the CAMA Major
Permit Application for the subject project on February 18, 2015. Staff review of the plans and specifications has determined
that the development activities proposed at this time will not pose a threat to surface water quality from stormwater runoff. The
Director has determined that projects that are reviewed and approved by the Division as not posing a water quality threat from
stormwater runoff should not be subject to the stormwater management permitting requirements of 15A NCAC 2H.1000, the
stormwater rules. By copy of this letter, we are informing you that this project will not require a stormwater management
permit.
If the subject project disturbs one acre or more and has a point source discharge of stormwater runoff, then it is also subject to
the National Pollutant Discharge Elimination System (NPDES) stormwater discharge requirements. You are required to have
an NPDES permit for stormwater discharge from projects meeting these criteria. All temporary built -upon area associated with
the construction of the project must be removed within 30 days of completion of the project, or when it is no longer needed,
whichever occurs first.
If you have any questions or need additional information concerning this matter please contact Linda Lewis at [phone],
or e-mail her at [e-mail].
Sincerely,
or Tracy E. vis, P.E.,' Director
Division of Energy, Mineral, and Land Resources
GDS/ad: GAWQ\Shared\Stormwater\Permits & Projects\2015 \150217 Exemption\2015 03 permit 150217
cc: Ed Flynn; F & S Marine Contractors, Inc.
New Hanover County Building Inspections
Jonathan Howell, DCM
Shaun Simpson/Robb Mairs-DCMNVIRO RECEIVED
Wilmington Regional Office Stormwater File
MAR 19 2015
DCM-MHD CITY
Division of Energy, Mineral, and Land Resources
Land Quality Section - Wilmington Regional Office
127 Cardinal Drive Extension, Wilmington, North Carolina 28405• [phone] / Fax: [phone]

DISTRICT 3
NCDENR
North Carolina Department of Environment and Natural Resource
Pat McCrory
Governor
February 18, 2015
Division of Coastal Management
MEMORANDUM:
FEB 2 3 2015,
RECEIVED
Donald R. van der Vaart
Secretary
TO: Anthony Law
NC DOT
New Hanover Co.
FROM: Jonathan Howell, NC DENR-DCM Assistant Major Permits Coordinator
400 Commerce Avenue, Morehead City, NC 28557 (Courier 11-12-09)
SUBJECT: CAMA Application Review
Applicant: Seagate Office Park UOA
Project Location: 1310-1312 Airlie Rd., adjacent to the AIWW, in Wilmington, New Hanover County
Proposed Project: to reconfigure existing boat slips within a shared docking facility
Please indicate below your agency's position or viewpoint on the proposed project and
return this form to Jonathan Howell at the address above by March 13, 2015.
If you have any questions regarding the proposed project, contact Robb Mairs at
[phone] when appropriate, in depth comments with supporting data is requested.
REPLY: —This agency has no objection to the project as proposed.
---'This agency has no comment on the proposed project.
This agency approves of the project only if the recommended changes
are incorporated. See attached.
This agency objects to the project for reasons described in the attached comments.
SIGNED I — DATE
N.C. Division of Coastal Management
127 Cardinal Drive Ext., Wilmington, NC 28405
Phone: [phone] FAX: [phone] Internet: www,nccoastalmanagement.net
RECEIVED
MAR 19 20b
De_r-rwnP ctty
An Equal Oppodunity 1 Afirmabve Action Employer

NCDENR
North Carolina Department of Environment and Natural Resource
Pat McCrory
Governor
February 18, 2015
Donald R. van der Vaart
Secretary
Division of Coastal Management
MEMORANDUM: N FEB 18 2015
TO: Georgette Scott
Stormwater Section
DEMLR - WiRO
FROM: Jonathan Howell, NC DENR-DCM Assistant Major Permits Coordinator
400 Commerce Avenue, Morehead City, NC 28557 (Courier 11-12-09)
SUBJECT: CAMA Application Review
Applicant: Seagate Office Park UOA
Project Location: 1310-1312 Airlie Rd., adjacent to the AIWW, in Wilmington, New Hanover County
Proposed Project: to reconfigure existing boat slips within a shared docking facility
Please indicate below your agency's position or viewpoint on the proposed project and
return this form to Jonathan Howell at the address above by March 13, 2015.
If you have any questions regarding the proposed project, contact Robb Mairs at
[phone] when appropriate, in depth comments with supporting data is requested.
REPLY: This agency has no objection to the project as proposed.
This agency has no comment on the proposed project.
This agency approves of the project only if the recommended changes
are incorporated. See attached.
This agency objects to the project for reasons described in the attached comments.
SIGNED��r -330 �cJ�f DATE ' RECEIVED
MAR 0 5 10b
N.C. Division of coastal Management r r a
127 Cardinal Ddve Ext., Wilmington, NC 28405
Phone: [phone] FAX: [phone] Internet: www.nccoastalmanagement.net
An Equal Opportunity \ Affirmative Action Empbyer

NCDENR
North Carolina Department of Environment and Natural Resource
Pat McCrory Donald R. van der Vaart
Governor Secretary
February 18, 2015
Division of Coastal Management
MEMORANDUM: F� �,VE
By � zo15
TO: Dan Sams
District Manager
DEMLR - WiRO
FROM: Jonathan Howell, NC DENR-DCM Assistant Major Permits Coordinator
400 Commerce Avenue, Morehead City, NC 28557 (Courier 11-12-09)
SUBJECT: CAMA Application Review
Applicant: Seagate Office Park UOA
Project Location: 1310-1312 Airlie Rd., adjacent to the AIWW, in Wilmington, New Hanover County
Proposed Project: to reconfigure existing boat slips within a shared docking facility
Please indicate below your agency's position or viewpoint on the proposed project and
return this form to Jonathan Howell at the address above by March 13, 2015.
If you have any questions regarding the proposed project, contact Robb Mairs at
[phone] when appropriate, in depth comments with supporting data is requested.
REPLY: This agency has no objection to the project as proposed.
This agency has no comment on the proposed project.
This agency approves of the project only if the recommended changes
are incorporated. See attached.
This agency objects to the project for reasons described in the attached comments.
SIGNED DATE �zo l��
J iE�EIVED
MAR 0 F 70%
N.C. Division of Coastal Management 96r 4woto r rry
127 Cardinal Drive Ext., Wilmington, NC 28405
Phone: [phone] FAX: [phone] Internet: www.nccoastalmanagement.net
An Equal Opportunity 1 Affirmafive Action Employer

NCDENR
North Carolina Department of Environment and Natural Resource
Pat McCrory
Governor
February 18, 2015
Division of Coastal Management
MEMORANDUM:
FROM
SUBJECT:
Applicant:
Diane Williams
Environmental Engineer
Public Water Supply
Donald R. van der Vaart
Secretary
1
F69 18
15
Ro' P blz ater ub�/o pa
sou
Jonathan Howell, NC DENR-DCM Assistant Major Permits Coordinator
400 Commerce Avenue, Morehead City, NC 28557 (Courier 11-12-09)
CAMA Application Review
Seagate Office Park UOA
Project Location: 1310-1312 Airlie Rd., adjacent to the AIWW, in Wilmington, New Hanover County
Proposed Project: to reconfigure existing boat slips within a shared docking facility
Please indicate below your agency's position or viewpoint on the proposed project and
return this form to Jonathan Howell at the address above by March 13, 2015.
If you have any questions regarding the proposed project, contact Robb Mairs at
[phone] when appropriate, in depth comments with supporting data is requested.
REPLY: _X This agency has no objection to the project as proposed.
This agency has no comment on the proposed project.
This agency approves of the project only if the recommended changes
are incorporated. See attached.
This agency objects to the project for reasons described in the attached comments.
SIGNED y{(',Q-d (. Ljy DATE �1�/ /l s
RECEIVED
MAR 0 5 2015
N.C. Division of Coastal Management
127 Cardinal Drive Ext., Wilmington, NC 28405 DFM-MMB erry
Phone: [phone] FAX: [phone]Internet: www.nccoastaimanagement.net
An Equal Opportunity 1 Afirma6ve Acton Employer

Q00W� RECEIVEDEEB 1 g 211175
_,..._'fir
NCDENR
North Carolina Department of Environment and Natural Resource
Pat McCrory
Governor
February 18, 2015
Division of Coastal Management
MEMORANDUM:
TO: Linda Painter
LPO
New Hanover County
Donald R. van der Vaart
Secretary
FROM: Jonathan Howell, NC DENR-DCM Assistant Major Permits Coordinator
400 Commerce Avenue, Morehead City, NC 28557 (Courier 11-12-09)
SUBJECT: CAMA Application Review
Applicant: Seagate Office Park UOA
Project Location: 1310-1312 Airlie Rd., adjacent to the AIWW, in Wilmington, New Hanover County
Proposed Project: to reconfigure existing boat slips within a shared docking facility
Please indicate below your agency's position or viewpoint on the proposed project and
return this form to Jonathan Howell at the address above by March 13, 2015.
If you have any questions regarding the proposed project, contact Robb Mairs at
[phone] when appropriate, in depth comments with supporting data is requested.
REPLY: This agency has no objection to the project as proposed.
XThis agency has no comment on the proposed project.
This agency approves of the project only if the recommended changes
are incorporated. See attached.
This agenc objects to the project for reasons described in the attached comments.
SIGNED DATE a S�
RECEIVED
N.C. Division of Coastal Management MAR 0 8 20i3
127 Cardinal Drive Ext., Wilmington, NC 28405
Phone: [phone] FAX: [phone] Internet: www.ncooastalmanagement.net a,y
An Equal Oppodunity 1 Afinnadve Adon Employer

NCDENR
North Carolina Department of Environment and Natural Resource
Pat McCrory
Governor
February 18, 2015
Division of Coastal Management
MEMORANDUM:
TO: Shannon Jenkins
NC DMF
Shellfish Sanitation Section
Donald R. van der Vaart
Secretary
FROM: Jonathan Howell, NC DENR-DCM Assistant Major Permits Coordinator
400 Commerce Avenue, Morehead City, NC 28557 (Courier 11-12-09)
SUBJECT: CAMA Application Review
Applicant: Seagate Office Park UOA
Project Location: 1310-1312 Airlie Rd., adjacent to the AIWW, in Wilmington, New Hanover County
Proposed Project: to reconfigure existing boat slips within a shared docking facility
Please indicate below your agency's position or viewpoint on the proposed project and
return this form to Jonathan Howell at the address above by March 13, 2015.
If you have any questions regarding the proposed project, contact Robb Mairs at
[phone] when appropriate, in depth comments with supporting data is requested.
REPLY: This agency has no objection to the project as proposed.
G
This agency has no comment on the proposed project. W ,
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.
SG.a�rooN fc,vlir-v5
SIGNED DATE
RECEIVED
N.C. Division of Coastal Management FEB 2 7 201�
127 Cardinal Drive Ext., Wilmington, NC 28405
Phone: [phone] FAX: 910,395-3964Internet: www,nocoastaimanagement.net DCM-MHD CCTV
An Equal opportunity 1 AfimmaliN Adon Employer

CCDENR
North Carolina Department of Environment and Natural Resource
Pat McCrory
Governor
Donald R. van der Vaart
Secretary
February' 18, 2015 RECEIVED
Division of Coastal Management FED 19 2015
MEMORANDUM:
DCM-Fisheries
TO: Shane Staples wazo
Fisheries Resource Specialist
DCM - WaRO
FROM: Jonathan Howell, NC DENR-DCM Assistant Major Permits Coordinator
400 Commerce Avenue, Morehead City, NC 28557 (Courier 11-12-09)
SUBJECT: CAMA Application Review
Applicant: Seagate Office Park UOA
Project Location: 1310-1312 Airlie Rd., adjacent to the AIWW, in Wilmington, New Hanover County
Proposed Project: to reconfigure existing boat slips within a shared docking facility
Please indicate below your agency's position or viewpoint on the proposed project and
return this form to Jonathan Howell at the address above byMarch 13, 2015.
If you have any questions regarding the proposed project, contact Robb Mairs at
[phone] when appropriate, in depth comments with supporting data is requested..
REPLY: This agency has no objection to the project as proposed.
This agency has no comment on the proposed project.
This agency approves of the project only if the recommended changes
are incorporated. See attached.
This agency objects to the project for reasons described in the attached comments.
SIGNED 6 � DATE z7f/S
N.C. Division of Coastal Management
127 Cardinal Drive Ext., wlmington, NC 26405
Phone:[phone] FAX: [phone] Internet: www riccoastalmanaoement.net
M Equal OppaAunlly IAfflaadva Adlon Employer

Howell, Jonathan
From: Crumbley, Tyler SAW <[e-mail]>
Sent: Friday, March 27, 2015 9:03 AM
To: [e-mail]
Cc: Howell, Jonathan; Mairs, Robb L; Coburn, Chad; Crumbley, Tyler SAW; Dahl, Kyle J SAW
Subject: SAW-2015-00584 / Seagate Office Park UOA / Dock Reconfiguration / New Hanover
Attachments: GP78-0056signed.pdf
Dear Mr. Ed Flynn (Agent for Mr. Brady Semmel),
Through coordination with the North Carolina Division of Coastal Management we have learned of your request
to reconfigure an existing docking facility for the Seagate Office Park UOA located at 1310 and 1312 Airlie Rd. along the
AIWW in Wilmington, New Hanover County, North Carolina. Coordinates: 34.245906 N,-77.815505 W.
Your project has been assigned the Action ID: SAW-2015-00584. Please reference this for any future
correspondence.
On January 1, 2011, we renewed general permit No. 197800056, (copy attached), that authorizes the maintenance,
repair, construction and installation of piers, docks, boathouses and boat shelters, mooring piles, dolphins, jetties and
breakwater structures in navigable waters of the United States in the State of North Carolina pursuant to Section 10 of
the Rivers and Harbors Act of 1899.
Your work is authorized provided it is accomplished in strict accordance with your submitted plans, the enclosed
general conditions, and the following special conditions:
1. All work authorized by this permit must be performed in strict compliance with the submitted plans and the
plans received on 23 February, 2015, which are a part of this permit.
Please read the attached permit to prevent an unintentional violation of Federal law. As this Department of the
Army regional general permit does not relieve you of the responsibility to obtain any other required approvals, you
should contact appropriate State and local agencies before beginning work. All special conditions and all applicable
general and regional conditions must be strictly adhered to in order for this authorization to remain valid. The
expiration date of this permit is 31 December, 2016.
This electronic copy is your official Department of the Army authorization; no paper copy will be mailed.
Tyler Crumbley
Project Manager
U.S Army Corps of Engineers -Wilmington District Wilmington Regulatory Field Office
69 Darlington Avenue
Wilmington, NC 28403
Phone: [phone]
Fax: [phone]
email: [e-mail]
"The Wilmington District is committed to providing the highest level of support to the public. To help us ensure we
continue to do so, please complete the Customer Satisfaction Survey located at: htto://regulatory.usacesurvey.com/"

Al"WMAL,
MCDENR-'
Nart-h- Carolina Q.Opartnnent.plf EnViron-ment and Natural Resource
Pat MdGrbty.
ObvIernor,
Februaiy 18, 20.15,
Division of Coastal Management
MEMORANDUM:
TO: Mafkak Dunn
NQWRIC
'WaRO I WiRO.
Donald R, yan der VOW.
Skret*
.FROM: Jonatthan Howell, NO IjE.Nk-.QOM Assistant Major Permits Coordinator
4.00 Comme'ece'Avenue, Morehead -City, NC,28557 (Cqqrlpr 1142;,09)
:SUBJECT: CAMA Application Review,
Applicant: SeadatO Office Pa&UOA
Project Locgtidfi:• '1310-1312 Airlie Rd., adjacent to the A I IWW, in I Wiffnirtgt oo,, New Hanover County
ProposeddPr9jecti t6,r6coqtijutL-:existin.g'b68t.§Iips.Withinr,jshared .docking Mciiiik
-Piease indicate below 'your agpncy!,s. position or viewpoint on!the propos
ed ps?.d projectP.Pd
r0um this form to Jonathan Howell. at the;6d-d.re.ss:;above by-90-c-h 11.2015.
If you have any questions reg I ardin rg, thpproposed project, contact Robb Mairs at
(9,10)796-,7423 when appropriate; in,deptlii comments with supporting data
ais requested -
REPLY: This agency has no objection to the projedf as proposed.
—/-This agency, has go, comment o . n the proposed project.
Thisagency
areihcorpiorz
This -agency
of the project only. if -the recommended chahge§
to the, project for reasons described in the attached: comments.
, 4 , I , ntemitwww I n6astafmanagemenfnel
tinp)oyep

NCDENR
North Carolfha Department of Environment and Natural
Pat McCrory
Governor
February 18,.2015
Division of Coastal Management
MEMORANDUM:
, Z i Jp1s
`-"Donald R. van der Vaart
Secretary
TO: Reriee Gledhill -Early
Dept. of Cultural Resources
Archives & History 3lglt�
�c
FROM: Jonathan Howell, NC DENR-DCM Assistant Major Permits Coordinator
400 Commerce Avenue, Morehead.City, NC 28557 (Courier, 11-12-08)-
SUBJECT: CAMA Application Review
Applicant: Seagate:Of ice. Park UOA
Project Location: 13:10713121Ak ie Rd., adjacent to, the AIWW, in'Wdmington, New Hanover County
Proposed Project: to reconfigure existing.608t slips within a shared'docking facility
Please indicatebelow your. agency's position.or viewpointon the proposed project and:
return this form to Jonathan Howell at the address above by March 13, 2615
If you have any questions regarding,the proposed project, contactRobb.Mairs at
[phone] when appropriate, in depth.comments with. supporting data is requested.,
REPLY: This agency has no objection to the project as proposed.
j This agency has no comment on the proposed project.
This agency approves of the project only if fhe.recommended changes
are"incorporateii. Seeattached..
This agency objects to the project for reasons described in the attached comments.
SIGNED ZQJ-W DATE 8 •16 .16
N.C. DAs can of Coaslal Matagarnot
127 Carl rtal lhlve EttL, N ;mington, NO 28405
Fhone:610-796-72151FAX:91(�3? �RMln;entl.vrmixcoastalmanmement.net
AnEru,fgtevtw3yl{'Fl:aciuva:;cGi%;E?a57r:

Recommendations for State Permit — Seagate Office Park c/o Brady J. Semmel 2/1712015
It is the.staffs recommendation that the proposal to reconfigure the existing docking facility is CONSISTENT with
the Rules of 15 NCAC 7H.0207 (d) Use Standards for Public Trust Areas and with the use standards set forth in
NCAC 07H .0208(b)(6), including the %width rule; the USACE AI WV setback requirement and the adjacent 15'
riparian corridor setback requirement and would continue to provide docking space for up to seven (7) vessels. This
office has no objection to the proposed work, provided it is consistent with all other state and federal permitting
requirements. Any permit issued should include the following conditions:
This permit authorizes only the docks, piers, and other structures and uses located in or over the waterthat
are expressly and specifically set forth in the permit application. No other structures, whether floating or
stationary, may become a permanent part of the structure without permit modification. No non -water
dependent uses of structures may be conducted on, in, or over public trust waters without permit
modification.
2. No attempt will 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.
3. The authorized structure and associated activity must not cause an unacceptable interference with
navigation and shall not exceed the established pierhead line.
4. 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.
5. In order to protect water quality, runoff from the construction must not visibly increase the amount of
suspended sediments in adjacent waters.
6. This permit does not authorize the interference with any existing or proposed Federal project, and, the
permittee will not be entitled to compensation for damage to the authorized structure orwork, or injurywhich
may be caused from existing or future operations undertaken by the United States in the public interest.
7. The permittee will maintain the authorized work in good condition and in conformance with the terms and
conditions of this permit. The permittee is not relieved of this requirement if he abandons the project without
having the permit transferred to a third -party.
8. This permit continues to authorizes a maximum of seven (7) boat slips. At no time shall more than seven
(7) vessels be moored or docked at the facility. The restriction of the number of vessels shall apply to all
marine vessel types, including but not limited to motorboats, sailing vessels and personal watercraft.
9. This permit does not eliminate the need to obtain any additional state, federal or local permits, approvals or
'authorization which may be required.
NOTE: Future development of the permittee's property may require a modification of this permit. Contact a
representative of the Division at 91.0-796-7215 prior to the commencement of any such activity for this
determination.
NOTE: The permittee is cautioned that this permit does not authorize the placement of tie piles in association with
the docking facility. Furthermore, due to the proximity of the AIWW, boats utilizing the docking facility will be subject
to frequent 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 structure and the safety of moored boats. The permittee shall not hold
the State of North Carolina or the United States liable for any damage to the structure or moored boats.

Seagate Office Park c/o Brady J. Semmel
Page 2
9. PROJECT DESCRIPTION:
The project site is located at 1310-1312 Airlie Road in Wilmington, New Hanover County. To locate the
project site from the WiRO take US Hwy 74/76 towards Wrightsville Beach. Turn right onto Airlie Road just
before the drawbridge to Wrightsville Beach and travel approximately 0.1 mile until you reach the property of
interest, which will be located on the left. The property is located at the confluence of the AIWW and Motts
Channel within Greenville Sound.
The property is approximately 0.19 acres in size, which is located on the east side of Airlie Road and has an
average elevation of approximately 5 feet above normal high water (NHW). Highground development on the
project site includes a five (5) unit condominium buildings uncovered decking, timber bulkhead and a
floating dock system, which currently accommodates up to seven (7) slips. The entire project site has
approximately 133 linear feet of shoreline frontage stabilized by a timber bulkhead. Upland vegetation
consists of ornamental landscaping. There are currently no coastal wetlands along the property.
The previous owner (J.B. Gerald) obtained State Permit No. 84-84 in 1984, which authorized the excavation
of the existing boat basin and the placement of fill onto the property for the construction of an office building
and the construction of a docking facility. State Permit No. 84-84 was modified in 1985 forthe construction
of a new bulkhead. An access ramp leads from the highground on the southern end of the property onto an
existing floating dock, measuring approximately 102' in length by 6' in width, which runs parallel to the
existing bulkhead. There are four (4) floating finger piers extending towards the AIWW from this main
floating dock. Two (2) measuring approximately 31' in length by 4.5' in width located on the northern end,
one measuring approximately 16' in length by 4.5' in width located in the center portion and one measuring
approximately 50' in length by 5' in width located on the southern end, which includes another floating dock,
measuring approximately 16' in length by 5' in width located on the landward end of this floating dock,
creating an "L-shaped" configuration. The existing docking facility currently accommodates up to seven (7)
vessels within water depth of approximately -60' @ normal low water (NLW).
There is an existing timber breakwater, measuring approximately 60' in length, which extends perpendicular
from the shoreline at the southern property boundary and shared riparian line. The adjacent riparian
property to the south is a commercial restaurant business (dba Dockside Restaurant), which maintains a
floating dock system currently accommodating approximately 22 transient vessels. There is an existing
docking facility serving the property owner to the north (M. Lopez), which crosses the northern riparian line
(See Sheets 1 through 3 of 5 and Project Narrative).
The New Hanover County and the City of Wilmington 2006 Joint Land Use Plan classifies adjacent waters
and high ground area of project site as Conservation. There are no known archaeological sites located in
the project vicinity. The waters of the AIWW and Motts Channel.are classified SB by the Division of Water
Resources. They are NOT designated as a Primary Nursery Area (PNA) by the N.C. Division of Marine
Fisheries and they are CLOSED to the harvest of shellfish.
PROPOSED PROJECT:
The applicant proposes to reconfigure existing boat slips within shared docking facility. The application
states that the existing floating dock, measuring approximately 50' in length by 5' in width would be moved
approximately 4' towards the north and the existing floating dock, measuring approximately 16' in width by
4.5' in width would be relocated to the waterward end of this floating dock with final dimensions of 64.4' in
length by 5' in width. The application states the new configuration would continue to accommodate slip #1
and #2 of the shared docking facility within water depths of approximately -6.0'@ NLW) (See Sheets 4 and
5 of 6 and Project Narrative).

Seagate Office Park c/o Brady J. Semmel
Page 3
10. ANTICIPATED IMPACTS:
The proposed new floating dock configuration would incorporate approximately 325 sq. ft. of additional
Public Trust Area and Estuarine Waters; however, this too is currently usurped by the existing floating dock
system. The new configuration would continue to accommodate up to seven (7) vessels within water depths
of approximately -6.0' @ NLW. The proposed new docking facility would extend approximately 70' into a
waterbody measuring approximately 470' across and would not encroach into the USACE AIWW setback
requirement nor the adjacent 15' riparian corridor setback requirement. It should be noted that portions of
the reconfigured floating dock would not encroach into the 15' riparian corridor setback requirement;
however, existing portion, measuring approximately 16' in length by 5' in width to remain does encroach. It
does not appear the proposed reconfiguration would hinder the navigation of the established adjacent
docking facilities. Minor increases in4urbidity should be expected during construction.
Submitted by: Robb Mairs Date: 2/17/2015 Office: Wilmington

NCDENR
North Carolina Department of Environment and Natural Resources
Division of Coastal Management
Pat McCrory Braxton C. Davis John E. Skvada, III
Governor Director Secretary
AGENT AUTHORIZATION FORM
Date: 3/ /-1
Name of Property Owner Applying for Permit: Name of thor. ed Agent for this project:
�p�1Y �7 SE•a.�r6c I�CG t IV
Owner's Mailing Address:
/-�6 ,�//LIE 2G•¢�
4
('910)2%M
Phone Number f 9/6) low -SF'7 7 Phone Number( 1
I certify that I have authorized the agent listed above to act on my behalf, for the purpose of applying
all CAMA Permits necessary to install or construct the following (activity):
For my property located at
This certification is valid thru
Owner
Date
127 Cardinal Drive EM., Wilmington, NC 26405
Phone'. 910-796-72151 FAX: [phone] Internet: www.nocoastalmanagement.net
An Equal Opportunity 1 Afimutti" Action Employer
G
One
NorthCarci ina
Natural
R;ECEI
DCM WILMINGTON, NC
JAN 16 2015

/.t�,'TV.
F1
REBECCA P. SMITH
REGISTER OF DEEDS, NEW HANOVER
216 NORTH SECOND STREET
Filed For Registration:
Book:
Document No.:
NC REAL ESTATE EXCISE TAX:
Recorder:
WILMINGTON, NC 28401
12/19/2007 04:32:29 PM
RE 5262 Page: 243-246
2007059746
DEED 4 PGS $20.00
$2,700.00
SCOTT, NANCY A
State of North Carolina, County of New Hanover
YELLOW PROBATE SHEET IS A VITAL PART OF YOUR RECORDED DOCUMENT.
PLEASE RETAIN WITH ORIGINAL DOCUMENT AND SUBMIT FOR RE-RECORDING.
*2007059746"
2007059746
RECEIVED
DCM WILMINGTON, NC
JAN 1 6 2015

400 0
PREPARED BY: STEVEN F. SIEGEL
STATE OF NORTH CAROLINA
COUNTY OF NEW HANOVER
I 2007059746 IIIII IIIII IIIII Iilll IIIII Iill illl
3FOR REOISIRRTION REGISTER OF DEED'
REBECCA P SMITH
NEW HANOVER COUNTY. NC
2007 DEC 19 04:32:29 PM
W5262 PG:243-246 FEE:$20.00
NC REV STRMP:$2,700.00
INSINOT # 200iI9SR
Tax ID No.: R05718-008-001-001
WARRANTY DEED
THIS DEED, made this day of December, 2007, by MICHAEL E. LOPEZ and wife,
JULIE Y. LOPEZ, of 1320 AIRLIE ROAD, #310, WILMINGTON, NC 28403, GRANTOR, to
BRADY SEMMEL and wife, DANA SEMMEL, of 1310 AIRLIE ROAD, WILMINGTON, NC
28403, GRANTEE; �—
WITNESSETH:
That said Grantor, for a valuable consideration paid by the Grantee, the receipt of which is
hereby acknowledged, has bargained and sold, and by these presents does grant, bargain, sell and
convey unto the Grantee in fee simple, all that certain lot, tract, or parcel of land situated in the
County of NEW HANOVER and State of North Carolina, and more particularly described as
follows:
BEING A UNIT OWNERSHIP IN REAL PROPERTY, UNDER AND PURSUANT TO
CHAPTER 47A OF THE NORTH CAROLINA GENERAL STATUTES, ENTITLED "UNIT
OWNERSHIP ACT" AND BEING MORE SPECIFICALLY DESCRIBED AS ALL OF UNIT
1 SEAGATE OFFICE PARK, A CONDOMINIUM PROJECT SITUATED UPON REAL
PROPERTY LOCATED IN NEW HANOVER, NORTH CAROLINA, AS SUCH REAL
PROPERTY IS DESCRIBED IN THE DECLARATION CREATING UNIT OWNERSHIP OF
PROPERTY UNDER THE PROVISIONS OF CHAPTER 47A OF THE GENERAL
STATUTES OF THE STATE OF NORTH CAROLINA, REFERRED TO HEREINBELOW;
AS ADOPTED BY DECLARATION OF ADOPTION, DATED AUGUST 28, 1987 AND
RECORDED SEPTEMBER 1, 1987 IN BOOK 1388, PAGE 1789 IN THE OFFICE OF THE
REGISTER OF DEEDS OF NEW HANOVER COUNTY, NORTH CAROLINA; SUCH
UNIT BEING MORE SEPCIFICALLY DESCRIBED BY REFERENCE TO AND SHOWN
UPON THAT SET OF PLANS OF SEAGATE OFFICE PARK, WHICH IS EXHIBIT "C" TO
THE DECLARATION, WHICH IS RECORDED IN BOOK 1313, BEGINNING AT PAGE
1287, IN THE OFFICE OF THE REGISTER OF DEEDS OF NEW HANOVER COUNTY,
NORTH CAROLINA, REFERENCE TO WHICH IS HEREBY MADE FOR A MORE
rHECEIVED
0CM WILMINGTON, NC
r Fr-Z
STE. L
JAN 1 6 2015

COMPLETE DESCRIPTION THEREOF; SAID PLANS ALSO BEING RECORDED IN
CONDOMINIUM PLAT BOOK 7, BEGINNING AT PAGE 210 IN SAID OFFICE; SUCH
UNIT ALSO BEING MORE SPECIFICATLLY DEFINED IN THE DECLARATION,
TOGETHER WITH ALL APPURTENANCES THERETO BELONGING, INCLUDING,
BUT NOT LIMITED TO, THE UNDIVIDED FRACTIONAL INTEREST IN THE
COMMON AREAS AND FACILITIES OF SEAGATE OFFICE PARK, APPURTENANT TO
THE UNIT AS THE SAME IS ESTABLISED IN THE DECLARATION; AND
TOGETHER WITH AND SUBJECT TO ALL RIGHTS, PRIVELEGES, EASEMENTS,
OBLIGATIONS, RESTRICTIONS, COVENANTS AND CONDITIONS APPLICABLE AND
APPURTENANT TO SUCH UNIT, SPECIFICALLY, AND TO UNIT OWNERSHIP IN
SEAGATE OFFICE PARK, IN GENERAL, AS THE SAME ARE STATED IN THE
DECLARATION, REFERRED TO HEREINABOVE.
BY RECEIPT OF THIS DEED, THE GRANTEE ACKNOWLEDGES THAT THE OWNER
OF PROPERTY ADJOINING SEAGATE OFFICE PARK ON THE NORTH HAS
CONSTRUCTED A PIER AND DOCKING STRUCTURES PART OF WHICH LIE IN THE
WATERS BETWEEN SEAGATE OFFICE PARK AND THE CHANNEL OF THE
INTRACOASTAL WATERWAY; THAT THESE STRUCTURES DO NOT ENCROACH
INTO THE AREA SHOWN ON THE BOUNDARY OF SEAGATE OFFICE PARK
DOCKING FACILITIES ON A MAP RECORDED IN BOOK 1313, PAGE 1313 OF THE
NEW HANOVER COUNTY REGISTRY; THAT THESE STRUCTURES, INCLUDING
BULKHEADS, WERE BUILT WITH THE APPROVAL OR ACQUIESCENCE OF
SEAGATE OFFICE PARK UNIT OWNERS, INC.; AND THAT THE OWNER OF THE
PROPERTY ADJOINING SEAGATE OFFICE PARK ON THE NORTH HAS THE RIGHT
TO REPAIR AND MAINTAIN THESE STRUCTURES IN THEIR PRESENT LOCATION.
THE GRANTEE, ITS SUCCESSORS AND ASSIGNS, AGREE TO TAKE ANY ACTION
OR GRANT ANY APPROVAL, BOTH INDIVIDUALLY AND AS A MEMBER OF THE
SEAGATE OFFICE PARK UNIT OWNERS, INC., NECESSARY TO ALLOW THE
OWNER OF THE PROPERTY ADJOINING SEAGATE OFFICE PARK ON THE NORTH
TO REPAIR AND MAINTAIN ITS PEIR, DOCKING FACILITIES AND BULKHEADS IN
THEIR PRESENT LOCATION AND CONFIGURATION AS DEPICTED ON PERMIT NO.
160-98 ISSUED ON 12/22/98 INCLUDING ALL SUBSEQUENTLY ISSUED
MODIFICATIONS AND RENEWALS ISSUED UNDER PERMIT NUMBER 160-98 TO
MICHAEL E. LOPEZ PURSUANT TO THE NORTH CAROLINA COASTAL AREA
MANAGEMENT ACT.
TO HAVE AND TO HOLD the aforesaid lot, tract, or parcel of land, and all privileges and
appurtenances thereto belonging to the said Grantee in fee simple; subject, however, to the
exceptions, reservations and conditions herein referred to.
And the Grantor covenants with the Grantee, that Grantor is seized of said premises in fee
and has the right to convey in fee simple; that the 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: (a) subject to County and Local Zoning
Ordinances; (b) subject to standard easements for utilities; (c) restrictive covenants of record, if any;
--_i EIVED
DCM WILMINGTON, NC
JAN 1 6 2015

(d) taxes for current year.
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.
IN WITNESS WHEREOF, the said 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.
(SEAL)
MICHAEL E. LOPEZ
(SEAL)
L Y. LO E
STATE OF NORTH CAROLINA
COUNTY OF NEW HANOVER
I, I - ud'c k � s a , a Notary Public of the County and State aforesaid, do hereby
certify that NhCHAEL E. LOPEZ and JULIE Y. LOPEZ, personally came before me this day
and acknowledged the execution of the foregoing instrument.
Witness my hand and official seal, this day of December, 2007.
2
NOTARY PUBLIC
My Commission Expires: (Notarial Seal)
RYAN T. RHODENHISER
NOTARY PUBLIC
STATE OF NORTH CAROLINA
NEW HANOVER COUNTY
COMMISSION EXPIRES JULY 25, 2011
DCM WILMINGTON, NC
JAN 16 2015

CDCM
North Carolina Department of Environment and Natural
Pat McCrory
Governor
February 17, 2015
Mr. Ed Flynn
c/o F & S Marine Contractors, Inc.
P.O. Box 868
Wrightsville Beach, North Carolina 28480
Dear Mr. Flynn:
Resources
Donald R. van der Vaart
Secretary
The Division of Coastal Management hereby acknowledges receipt of your application, acting as agent for Seagate Office
Park Unit Owners Association, Inc. c/o Brady Semmel, for the proposed development located at 1310-1318 Airle Road,
adjacent to Greenville Sound/AIW W, in Wilmington, New Hanover County. It was received as complete on February 11,
2015, and appears to be adequate for processing at this time. The projected deadline for making a decision is April 27,
2015. 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 February 11, 2015, 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 113A-119(b) requires that Notice of an application be posted at the location of the proposed development.
Enclosed you will find a "Notice of Permit Filing" postcard which must be posted at the property of your proposed
development. You should post this notice at a conspicuous point along your property where it. can be observed from a
public road. Some examples would be: Nailing the notice card to a telephone pole or tree along the road right-of-way
fronting your property; or at a point along the road right-of-way where a private road would lead one into your property.
Failure to post this notice could result in an incomplete application.
A field report has been prepared and is in the process of being circulated to the various state and federal review agencies
for their comments. If additional information is required based on this review, the agencies may contact you directly.
Sincerely, ,
Robb L. Mairs
Field Representative
Wilmington District Office
N.C. Division of Coastal Management
cc: Jonathan Howell, DCM
Tyler Crumbley, USACE
Linda Painter, NH Co.
Brady Semmel-Applicant
N.C. Division of Coastal Management
127 Cardinal Drive Ext., Wilmington, NC 28405
Phone: 910-7W72151 FAX: [phone]Internet: www.nocoastalmanagement.net
An Equal OpporNnity 1 AamaBve Action Employer

NOTICE OF FILING OF
APPLICATION FOR CAMA MAJOR
DEVELOPMENT PERMIT
The Department of Environment and Natural Resources hereby gives public notice as required by NCGS
113A-119(b) that the following applications were submitted for development permits in Areas of
Environmental Concern as designated under the CAMA in Wilmington, New Hanover County, to
reconfigure existing docking facilities: On February 11, 2015, Seagate Office Park UOA, 1310-1312
Airlle Rd., adjacent to the AIWW; and on February 12, 2015, Kevin Thomas at 8737 Bald Eagle Lane,
adjacent to Futch Creek. A copy of these applications can be examined or copied at the offices of Robb Mairs
(Seagate) or Holley Snider (Thomas), N.C. Dept. of Environment & Natural Resources, Division of Coastal
Management, 127 Cardinal Drive Ext., Wilmington, NC 28405, (910-796-7215) 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 March 13, 2015 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 and comment by the public and state and federal agencies. Notice
of the permit decision in these matters will be provided upon written request.

AmLVAW.A�01mfmm-�®
A.\JnjM1:-=I-0='=aI-
mp

Seagate Office Park Unit Owners Association, Inc.
1310-1318 Airlie Road
Wilmington, NC 28403
Braxton Davis
Director, Division of Coastal Management
400 Commerce Avenue
Morehead City, NC 28557
Dear Mr. Davis,
The Seagate Office Park Unit Owners Association has authorized the modification
of the finger piers that are deeded to the condos located at 1310 and 1312 Airlie
Road. Both of these condo units are owned by Brady J. Semmel and Dana A.
Evans-Semmel.
President, Seagate Office Park Unit Owners Association, Inc.
RECEIVED
DCM WILMINGTON, NC
JAN 16 2615

F d S Marine Contractors, Inc.
P.O Box 868 Capt. Ed Flynn
Wrightsville Beach, N.C. 28480 Durwood Sykes
Phone/Fax [phone] email:[e-mail]
-e���" �2a Cg- � 1z"N ,►%vim IJJ�i2G�✓iI
S
-� 04.1 5,:�Wrxe j
■ Complete items 1, 2, and 3. Also complete
item 4 if Restricted Delivery is desired.
■ Print your name and address on the reverse
so that we can return the card to you.
■ Attach this card to the back of the mailpiece,
or on the front if space permits.
1. Art'cle Addressed to:
oft,yApll or
G✓ilrt~�r� 1 J I1C ����3
A. Signature
X ❑ Agent /l�7 ❑ Addre
B,16'ece er�d by (Pnnfed Name) . h.A%4 W
D. Is delivery address different from Item 17 LJ Yes
If YES, enter delivery address below: ❑ No
RECEIVED
DCM WILMINGTON, NO
MAR 0 4 2015
3. a ce Type
Certified Mail* ❑ Priority Mall Express"
RECENEO
❑ Registered ❑ Return Receipt for Merchandise
p g 10i5
❑ Insured Mail ❑ Collect on Delivery
MAR
4. Restricted Delivery? (Extra Fee) ❑ Yes
�g�n;1AHP 6!tt
2. Article Number
(transfer from service/abeo 7014 1200 0001 2826 9485
Ps Form 3811, July 2013 Domestic Return Receipt
Complete Marine Construction Service For Over 35 Years
Piers - Bulkheads - Floating Docks - Boatlifts - Pilings - Repairs
REXEIVED
MAR 0 4 2015
DCM WILM NIGTON, NC
MAR 0 4 2015

Q
NCDENR
North Carolina Department of Environment and Natural Resources
Pat McCrory
Governor
July 10, 2015
Kenneth Shanklin
PO Box 1347
Wilmington, NC 28402-1347
Dear Mr. Shanklin,
Donald R. van der Vaart
Secretary
Thank you for your letters concerning the Coastal Area Management Act (CAMA) major permit
request submitted by the Seagate Office Park c/o Brady Semmel requesting authorization to
reconfigure a docking facility at 1310 and 1312 Airlie Road, Wilmington, New Hanover County.
The Division appreciates your concerns about the proposed project.
The Coastal Area Management Act permit review process involves a coordinated state and
federal review of each permit application, with all review agency comments considered by the
Division before final action is taken on a permit application. In this case, no inconsistencies with
the Coastal Area Management Act were identified as a result of this review. Consequently,, the
Division has issued a Major Permit No. 76-15 for the proposed activity. A copy of the permit is
being provided to you for your information.
If you wish to object to the actions taken on this permit application, you may request an appeal
of this decision within twenty (20) days of the permit decision. If you would like copies of the
appropriate appeal forms or should you like to discuss the specifies of the process, please contact
me by telephone at [phone], or by email at [e-mail].
Sincerely,
Jonathan R. Howell
Asst. Major Permits Coordinator
1601 Mail Service Center, Raleigh, North Carolina 27699-1601
Phone: [phone] Internet: www,ncdenr.gov
An Equal opportunity 1 Afirmalive Action Employer— Made in part by recycled paper

M
Bennett, Ronda
From: Bennett, Ronda
Sent: Tuesday, July 21, 2015 11:26 AM
To: '[e-mail]'; '[e-mail]'
Subject: Sea Gate Office Park Major Permit #77-15
Attachments: D00072115-07212015112015.pdf
Attached. Thanks.
Your message is ready to be sent with the following file or link attachments:
D00072115-07212015112015.pdf
Note: To protect against computer viruses, e-mail programs may prevent sending or receiving certain types of file
attachments. Check your e-mail security settings to determine how attachments are handled.

Bennett, Ronda
From: Bennett, Ronda
Sent: Tuesday, July 21, 2015 11:31 AM
To: '[e-mail]'
Subject: FW: Sea Gate Office Park Major Permit #77-15
Attachments: Bennett Ronda.vcf; D00072115-07212015112015.pdf
Mr. Shanklin,
My attempt to send this to Mr. Copper failed as it was rejected. He may need to check his junk folder. If not there, can
you see that he gets a copy? Thanks.
Ronda C. Bennett
*E-Mail correspondence to and from this address may be subject to the North Carolina Public Records Law and may be
disclosed to third parties unless the content is exempt by statute or other regulation.*
Please visit www.nccoastalmanaaement.net to subscribe to Coastal Management's quarterly newsletter, the
CAMAgram.
-----Original Message -----
From: Bennett, Ronda
Sent: Tuesday, July 21, 2015 11:26 AM
To: '[e-mail]'; '[e-mail]'
Subject: Sea Gate Office Park Major Permit #77-15
Attached. Thanks.
Your message is ready to be sent with the following file or link attachments:
D00072115-07212015112015.pdf
Note: To protect against computer viruses, e-mail programs may prevent sending or receiving certain types of file
attachments. Check your e-mail security settings to determine how attachments are handled.

Bennett, Ronda
From: Microsoft Outlook
To: [e-mail]
Sent: Tuesday, July 21, 2015 11:27 AM
Subject: Relayed: Sea Gate Office Park Major Permit #77-15
Delivery to these recipients or groups is complete, but no delivery notification was sent by the
destination server:
kshanklin0shanklaw com Lshanklin(cbshanklaw.com)
Subject: Sea Gate Office Park Major Permit #77-15

Bennett, Ronda
From: Microsoft Outlook
To: [e-mail]
Sent: Tuesday, July 21, 2015 11:27 AM
Subject: Undeliverable: Sea Gate Office Park Major Permit #77-15
spamkillerl.i40hosting.net rejected your message to the following email addresses:
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From: "Bennett, Ronda" <[e-mail]>
To: "[e-mail]" <kshanklin@shanklaw.
<[e-mail]>
Subject: Sea Gate Office Park Major Permit #77-15
com>, "[e-mail]"
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F d 5 Marine Contractors, Inc.
P.O Box 868 Capt. Ed Flynn
Wrightsville Beach, N.C. 28480 Durwood Sykes
Phone/fax [phone] emad:eflyPmsn.com
14 7anuary 2015
NCDENR
Wilmington, N.C,
S�aga�
The enclosed CAMA Major Permit application for A*t4 Vffice Park c% Dr.
Brady Semmel, 131011312 Airlie Road, Wilmington, N.C. 28403, proposes to
relocate an existing 5'x50' floating dock four feet north of its existing
location, remove an existing 55(16' floating finger dock and relocate to the
end of the existing 5'v50' dock and replace the guide pilings.
No addition to the existing facility are proposed and no additional slips are
proposed.
The proposed dock renovations are only to provide easier dockage for the
applicants' vessel.
Complete Marine Construction Service For Over 35 Years
Piers - Bulkheads - Floating Docks - Boatlifts - Pilings - Repairs
DCM WI M NIGTONN,, NCRECEI I-
JAN 16 2015 JAN 16 2015

DENR CAMA Daily Check Log for WIRO
Date
Received
Check From (Name)
Name of Permit Holder
Chock
Vendor Number
Check
amount I Permit Number/Comments
Refund/Reallocated
1/i512015
Intel View Ber 8 Grill
Antrnon Construction, Inc
-_ - .—..-. _ -
Certfietl check from Frenuxo 2emte _
-
The Point LLC BBBT 28301
_ - — _— --_- . — -- -- _ _-
Radon B of A 3438
Sunset Beach Holdings II LLC B08T /Pint Colonial Branch - SOO6B72855
Holdings
Brady Semmel - _ _ PNC. Bank _ — 4268
$700 001ren"al fee MP 185-08
$200 00 543 Chadwick
—
1/75/2015
1/15/2015
1/18/2015
_
5700 00 Vensfer lee MP 42-OS
trsnse,
$250 00 major fee Aulre Rd, NHCo
F end S Manna Contractors Inc
f

311
MAJOR PERMIT FEE SCHEDULE
Semmel / $250 / New Hanover County
DCM %
DWQ %
Development Ta
Fee
14300160143510009316256253
2430016024351000952341
I. Private, non-commercial development that does
not involve the filling or excavation of any
wetlands or open water areas:
$250
100%
$250
0%
$0
II. Public or commercial development that does
not involve the filling or excavation of any
etlands or open water areas:
$400
100%
$400
0%
$0
III. For development that involves the filling
and/or excavation of up to 1 acre of wetlands
and/or open water areas, determine if A,B, C,
r D below applies:
III(A). Private, non-commercial development, if
General Water Quality Certification No. 3490
See attached can be applied:
$250
100%
$250
0%
$0
III(B). Public or commercial development, if
General Water Quality Certification No. 3490
See attached can be applied:
$400
100%
$400
0%
$0
III(C). If General Water Quality Certification No.
3490 (see attached) could be applied, but DCM
staff determined that additional review and written
DWQ concurrence is needed because of
concerns related to water quality or aquatic life:
$400
1 60%
$240
40%
$160
III(D). If General Water Quality Certification No.
90 see attached cannot be applied:
$400
60%
$240
40%
$160
IV. Development that involves the filling and/or
excavation of more than one acre of wetlands
and/or open water areas:
$475
60%
$285
40%
$190

QMA
NCDENR
North Carolina Department of Environment and Natural Resources
Pat McCrory
Governor
Donald R. van der Vaart
Secretary
February 18, 2015
[e-mail]
2 Pages
Star News
Legal Advertisement Section
Post Office Box 840
Wilmington, North Carolina 28402
Re: Major Public Notice Combo:
• Seagate Office Park UOA
• Kevin Thomas
Kyle & Heather: Please publish the attached Notice in the Friday, February 20, 2015 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 Shaun Simpson at the NC Divison of Coastal
Management, 127 Cardinal Drive Extension, Wilmington, NC 28405, 910-796-7226. Paying by Credit Card
(number on file with Elsa Lawrence, Ref acct # 796-7215).
Please email a copy of the credit card receipt to me.
Thank you for your assistance in this matter. If you should have any questions, please contact me at our
Wilmington office.
Sincerely,
Shaun K. n
Permitting Support & C er Assistance
Division of Coastal Management
cc: WiRO
Jonathan Howell - MHC DCM
Tyler Crumbley - USACE
Michele Walker- DCM
N.C. Division of Coastal Management
127 Cardinal Drive Ext., Wilmington, NC 28405
Phone: [phone] FAX: [phone] Internet: www,nccoastalmanagement.net
An Equal Opportunity 1 Affirmative Action Employer

Huggett, Doug
From: Coburn, Chad
Sent: Friday, July 10, 2015 4:37 PM
To: Huggett, Doug
Subject: Seagate Office Park - New Hanover
Attachments: 1310-1312 Airlie Rd.pdf
Doug,
Jonathan just called and asked me to forward a copy of the 401 for the above project to you. If you need anything else
let me know. Have a great weekend!
Chad
Chad Coburn, Senior Environmental Specialist
NC Division of Water Resources
Water Quality Regional Operations Section
Wilmington Regional Office
127 Cardinal Drive Extension
Wilmington, NC 28405-3845
Phone: [phone]
email: [e-mail]
E-mail correspondence to and from this address may be subject to the North Carolina Public Records Law and
may be disclosed to third parties.

NCDENR
North Carolina Department of Environment and Natural Resources
Pat McCrory Donald R. van der Vaart
Governor Secretary
March 20, 2015
DWQ Project # 15-0204
New Hanover County
Seagate Office Park
Mr. Brady Semmel
1310 Airlie Road
Wilmington NC 28403
Subject Property: 1310/1312 Airlie Road — Wilmington
NO WRITTEN CONCURRENCE NEEDED
Dear Mr. Semmel,
You have our approval, in accordance with the attached conditions to reconfigure existing boat slips
within an existing shared docking facility as described in your application received by the N.C. Division
of Water Resources (DWR) on February 20, 2015. After reviewing your application, we have decided
that the impacts are below the threshold for written authorization as long as all conditions of General
Water Quality Certification Number 3883 (GC3883) are met. This certification may also be viewed on
our website at http://portal.ncdenr.orgLweb/wA/swp /ws/401 /certsandpermits. This Certification allows
you to use the Regional General #197800056 Permit when issued by the US Army Corps of Engineers.
This approval is for the purpose and design that you described in your application. If you change
your project, you must notify us and you may be required to send us a new application. If the
property is sold, the new owner must be given a copy of this Certification and approval letter and is
thereby responsible for complying with all conditions. If total fills for this project (now or in the
future) exceed one acre of wetland or 150 linear feet of stream, compensatory mitigation may be
required as described in 15A NCAC 2H .0506 (h). This approval requires you to follow the
conditions listed in the attached certification and any additional conditions listed below.
Conditions of Certification:
1. Upon completion of all work approved within the 401 Water Quality Certification or applicable
Buffer Rules, and any subsequent modifications, the applicant is required to return the attached
Certificate of Completion to the 401/Wetlands Unit, North Carolina Division of Water Resources,
1650 Mail Service Center, Raleigh, NC, 27699-1650.
If you do not accept any of the conditions of this Certification (associated with the approved
wetland or stream impacts), you may ask for an adjudicatory hearing. You must act within 60 days
of the date that you receive this letter. To ask for a hearing, send a written petition, which conforms
to Chapter 150B of the North Carolina General Statutes to -the Office of Administrative Hearings,
6714 Mail Service Center, Raleigh, N.C. 27699-6714. This certification and its conditions are final
and binding unless you ask for a hearing.
1617 Mail Service Center, Raleigh, North Carolina 27699-1601
Phone: [phone]Internet: www.ncdenr.gov,
An Equal Oppodunily IAlfiongve Action Employer- Made m part by recycled paper

2
Seagate Office Park
New Hanover County
2015-0204
Violations of any condition herein set forth may result in revocation of this Certification and may
result in criminal and/or civil penalties. The authorization to proceed with your proposed impacts
or to conduct impacts to waters as depicted in your application and as authorized by this
Certification shall expire upon expiration of the 404 or CAMA Permit.
This letter completes the review of the Division of Water Resources under Section 401 of the Clean
Water Act. If you have any questions, please telephone Karen Higgins in the Central Office in
Raleigh at 919-807-6301 or Chad Coburn in the DWR Wilmington Regional Office at 910-796-
7215.
Sincerely,
. L -ell
Chad Coburn
Senior Environmental Specialist
Wilmington Regional Office
Water Quality Regional Operations Section
Division of Water Resources, NCDENR
nGC�[E0WI D
V� MAR 2 6 2015
DENR -WATER RESOURCES
401 9 BUFFER PERMITTING
Enclosures: GC3883
Certificate of Completion
cc: Ed Flynn — F & S Marine Contractors, Inc., P.O. Box 868, Wrightsville Beach, NC 28480
Jonathan Howell — DCM Morehead City
Robb Mairs — DCM WiRO
Tyler Crumbley — USACE Wilmington Field Office
401 & Buffer Permitting Unit — FILE COPY
WiRO

Certification of Completion
D WR Project No.:
Applicant: _
Project Name:
Date of Issuance of Wetland Permit:
County:
Certificate of Completion
Upon completion of all work approved within the 401 Water Quality Certification and Buffer Rules, and any
subsequent modifications, the applicant is required to return this certificate to the 401 Oversight/Express Permitting Unit,
North Carolina Division of Water Resources, 1650 Mail Service Center, Raleigh, NC, 27699-1650. This form may be
returned to DWR by the applicant, the applicant's authorized agent, or the project engineer. It is not necessary to send
certificates from all of these.
Applicant's Certification
1, , hereby state that, to the best of my abilities, due care and diligence was
used in the observation of the construction such that the construction was observed to be built within substantial
compliance and intent of the 401 Water Quality Certification and Buffer Rules, the approved plans and specifications,
and other supporting materials.
Signature:
Agent's Certification
used in the observation of the
compliance and intent of the 401
and other supporting materials.
Signature:
Date:
, hereby state that, to the best of my abilities, due care and diligence was
construction such that the construction was observed to be built within substantial
Water Quality Certification and Buffer Rules, the approved plans and specifications,
Date:
If this project was designed by a Certified Professional
1, , as a duly registered Professional (i.e., Engineer,
Landscape Architect, Surveyor, etc.) in the State of North Carolina, having been authorized to observe (periodically,
weekly, full time) the construction of the project, for the Permittee hereby state that, to the best of my abilities, due care
and diligence was used in the observation of the construction such that the construction was observed to be built within
substantial compliance and intent of the 401 Water Quality Certification and Buffer Rules, the approved plans and
specifications, and other supporting materials.
Signature: Registration No. Date

SHANKLIN & NICHOLS, LLP
ATTORNEYS AT LAW
214 MARKET STREET
POST OFFICE BOX 1347
WILMINGTON, NORTH CAROLINA 28402-1347
TELEPHONE (91 O) 762.9400 • TELEFAX (91 O) 251.1773
E-MAIL; [e-mail]
KENNETH A. SHANKLIN
BOARD CERTIFIED SPECIALIST IN
REAL PROPERTY LAW - RESIDENTIAL BUSINESS.
COMMERCIALAND NDUSTRIALTRANSA ONS
March 12, 2015
VIA HAND DELIVERY
Mr. Braxton C. Davis, Director
NC DENR — Division of Coastal Management
127 Cardinal Drive Ext.
Wilmington, NC 28405-3845
MATTHEW A. NICHOLS"
*!ALSO ADMNTED IN NEW YORK
Re: OBJECTION TO CAMA MAJOR PERMIT APPLICATION
BY ADJACENT RIPARIAN PROPERTY OWNER
RECEIVED
MAR 16 201
WQPW MHB elTY
Applicant: Seagate Office Park UOA and/or Brady Semmel, for property located
at 1310/1312 Airlie Road, Wilmington, New Hanover County, NC
Opponent: Dockside WB Investments, LLC (1308 Airlie Road)
Our File No. 2015005
Dear Mr. Davis:
We represent Dockside WB Investments, LLC—the above -referenced opponent and
owner of riparian property immediately south of and adjacent to the property which is the subject
of the CAMA Major Permit Application being objected to herein.
Recently, our client received notice regarding an Application for a CAMA Major
Development Permit (the "Application"), for property located at 1310/1312 Airlie Road,
Wilmington, N.C.' by the Seagate Office Park UOA at 1310 Airlie Road, The Application
addresses a proposed relocation of a pier and other improvements (the "Project').
By way of an initial response to the Application, my client strongly objects to the
Application and proposed project and desires to have this objection deemed timely and
considered in any deliberation on the matter and the Application. We are still investigating the
issues raised by this Application and will supplement this objection in due course.
1 Based upon a review of the Application dated January 14, 2015, it is unclear to us who the
applicant is. The "Business Name" listed on the first page of the Application states: "Seagate
Airlie Office Park". The word "Seagate" is crossed through. Applicant 1 on page 1 is listed as
Brady Semmel. The application is signed by neither, and is signed by Ed Flynn as agent.

Mr. Braxton C. Davis, Director
NC DENR — Division of Coastal Management
March 12, 2015
Page -2-
RECEIVED
MAR 16 208
Wtom-l", .JTY
However, initially, my client does not waive any of its riparian rights vested under
Statutory or Common Law of the State of North Carolina, and secondly does not waive any of
the riparian rights accruing to my client by virtue of applicable Rules and Regulations adopted
by the Coastal Resources Commission (the "CRC") and NCDENR-DCM and the Common Law
of this State.
Moreover, my client objects to any extension of the existing pier structures into the
public waters of Wrightsville Sound toward the corporate limits of the Town of Wrightsville
Beach ('Town'). By copy of this letter, we are putting the Town and the City of Wilmington
("City") on Notice of our objections.
My client has significant concerns with the adverse impact that the proposed Application
will have to my client's well -established commercial use as a waterfront restaurant and marina.
The Dockside Restaurant remains one of the very few restaurants in all of Wilmington where
customers can arrive by boat and have a place to dock their boat or other watercraft while they
dine. The boat slips at the Dockside Restaurant are designated for restaurant customer use, and
the boat slips and the safety and ease of navigability of the Dockside marina in general are a
paramount concern to my client and are critical to the Dockside Restaurant, which relies heavily
on its water -dependent structures and boating customers for its commercial viability.
We would also note, that based upon our preliminary review, the subject property is
zoned CB (Community District) Zoning District by the City of Wilmington under Wilmington
Land Development Code ("LDC") § 18-194 and the Wilmington Official Zoning Map. The
Application lists that the property is zoned commercial, which is also consistent with the
development's name ("Seagate Office Park") and the Declaration creating unit ownership
(condominium) for this property under Chapter 47A of the North Carolina General Statutes,
recorded on December 31, 1985, in Book 1313 at Page 1287, New Hanover County, and
amendments thereto, which Declaration appears to restrict the property to commercial use (See
Article V., Use Restrictions, Section A) ("Each unit is hereby restricted to the business use by
the owner hereof, ...."). The First Amendment to the Declaration recorded on July 18,1997, in
Book 2212 at Page 456 of the New Hanover County Registry, also states in Section 1 that
"Seagate Office Park is a commercial use condominium ...."
At a recent Public Hearing in the City of Wilmington, Dr. Semmel stated that he is a
resident of the subject property, which we understand is his primary residence.
The Wilmington LDC allows residential uses only in limited instances in the CB District,
and only then under prescribed conditions, generally either as part of an approved Commercial
District Mixed Use ("CDMU") project under Wilmington LDC § 18-257, or as a qualifying
residential unit contained within a principal use under Wilmington LDC § 18-299. See
Wilmington LDC § 18-194(c). We are not aware of any approvals by the City of Wilmington for
this property as a CDMU project in a CB District under Wilmington LDC § 18-257. We are also
not aware of circumstances that would qualify this property as a residential unit contained within
a principal use under Wilmington LDC § 18-299, but an analysis of this would require a fairly

Mr. Braxton C. Davis, Director
NC DENR — Division of Coastal Management
March 12, 2015
Page -3-
RECEIVED
MAR t 6 2015
0CM-MHO CITY
detailed site inventory to determine if the 50% floor area ratio is not exceeded, whether there is
sufficient off-street parking, whether there is additional open space provided on the property, and
other criteria under Wilmington LDC § 18-299. It is our understanding that other persons are
residing in other units within the Seagate Office Park. As you know, this is important because,
among other reasons, North Carolina Administrative Code, Title 15A. Environment and Natural
Resources, Chapter 07. COASTAL MANAGEMENT, Subchapter H. STATE GUIDELINES
FOR AREAS OF ENVIRONMENTAL CONCERN, provides in relevant part as follows:
§ 07H .0601. NO VIOLATION OF ANY RULE
No development shall be allowed in any AEC which would result in a
contravention or violation of any rules, regulations, or laws of the State of
North Carolina or of local government in which the development takes
place.
Rule 07H .0601.
Accordingly, we object to the Application on these grounds as well, and by copy of this
letter to the City of Wilmington, we are requesting that the City of Wilmington Code
Enforcement inquire into the zoning compliance status of the subject property for a residential
use in a CB Zoning District. We reserve the right to supplement this objection depending upon
the outcome of City Code Enforcement's inquiry. We note also that even if the residential use of
this property is deemed to be a valid nonconforming use, my client would continue to object to
the Application on the ground of a potentially impermissible expansion or modification of a
nonconforming use. Additionally, the application lists the proposed use as "private" rather than
"commercial". No zoning compliance certificate is attached to the Application.
At your convenience, we would appreciate the opportunity to meet with you or Ms.
Debbie Wilson to address the findings of our investigation of this pier structure associated with
Seagate Office Park, which is a commercial structure and use and not a residential use.
With best regards, I remain
KAS/nac
cc: Ms. Debbie Wilson, District Manager
Seagate Office Park Unit Owners Association, Inc.
Brady J. Semmel, M.D.
Town of Wrightsville Beach
City of Wilmington Code Enforcement