132-96 Minor Mod AB Marina Group LLC (4)

i
I
011
Permit Class Permit Number
MODIFICATION/MINOR 13246
STATE OF NORT16C'AROLINA
Department of Euvironmenfai Quality
and
Coastal Resources Commission
WEZE
r*
irlliit RECEIVED
for
X Major Development in an Area of Environmental CQ&A 9 '2016
pursuant to NCGS 113A-118
DCM— i sHD C10 °Y
X Excavation and/or filling pursuant to NCGS 113-229
Issued to - AB Marina Group, LLC, PO Box 17566, Raleigh, NC 27619
Authorizing development in New Hanover County at Middle Sound, 2127 Middle Sound Road,
Wilmington , as requested in the permittee's letter dated /9 27/16,,icludingthe
attached workplan drawings (13) as referenced in Condition No. 1 below.
This permit, issued on' December 21, 2616 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..
1) Unless specifically altered herein; all development shall be carried out in accordance with the
attached workplan drawings (13): labeled Exhibit A dated revised 9/26/16; Sheet Sl dated rev.
7/13/16; Sheets S2; $4; S5, S7, S10, Sl1 dated rev. 9/20/16; Sheets S3, S6, S8, S9 dated revised
5/31/16 and Sheet S12 dated 9/27/16.
2) This Minor Modification authorizes the reconfigured docks, piers, riprap 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
reconfigured 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.
(See Attached Sheet for Additional Conditions)
This pemit action may be appealed by the permittee or
other qualified persons within twenty (20) days of the issuing
date.
This permit shall 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 shall 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 DEQ and the
Chairman of the Coastal Resources Commission.
—� R(?- Braxton C. Davis, Director
Division of Coastal Management
This permit and its conditions are hereby accepted.
Signature ofPermittee

AD Marina Group, LLC. Permit #132-96
�) Page 2 of 2
ADDITIONAL CONIDITIONS
3) The fingers piers and all associated structures shall have a minimum setback distance of 15 feet between
any parts of the structure and the adjacent property owners'. riparian access corridors.
4) The permittee and/or his or her contractor shall meet with a representative of the Division prior to
project initiation.
5) This Minor Modification authorizes 4 additional formalized slips for a total slip count of 48 formalized
boat slips at the authorized marina facility.
6) This Minor Modification shall be attached to the original Permit No. 132-96, which was transferred to
the permittee on 1016115, as well as the Minor Modification issued on 3/16/16, and copies of all
documents shall be readily available on site when Division personnel inspect the project for compliance.
'n All conditions and stipulations of the active permit remain in force under this Minor Modification unless
specifically altered herein.
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: The U.S. Army Corps of Engineers authorized the project under COE Action Id. No. SAW
Project No. 1996-03.725.
NOTE: A minor modification application processing fee of $100 was received by DCM for this proj ect.

Permit Class
MODIFICATION/MINOR
/ ,
Permit Number
132-96
STATE OF NORTH CAROLINA
Department of Environmental Quality
and
Coastal Resources Commission
Vermit RECEIVED
for
X Major Development in an Area of Environmental d 9 2016
pursuant to NCGS 113A-118
DCM- MHD CI T Y
X Excavation and/or filling pursuant to NCGS 113-229
Issued to AB Marina Group, LLC, PO Box 17566, Raleigh, NC 27619
Authorizing development in New Hanover County at Middle Sound, 2127 Middle Sound Road,
Wilmington , as requested in the permittee's letter dated 9/27/16 including the
attached workplan drawings (13), as referenced in Condition No. 1 below.
This permit, issued on December 21, 2016 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.
1) Unless specifically altered herein, all development shall be carried out in accordance with the
attached workplan drawings (13): labeled Exhibit A dated revised 9/26/16; Sheet S 1 dated rev.
7/13/16; Sheets S2, S4, S5, S7, S10, S11 dated rev. 9/20/16; Sheets S3, S6, S8, S9 dated revised
5/31/16 and Sheet S12 dated 9/27/16.
2) This Minor Modification authorizes the reconfigured docks, piers, riprap 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
reconfigured 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.
(See Attached Sheet 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 shall 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 shall 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 DEQ 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

AB Marina Group, LLC. Permit #132.96
Page 2 of 2
ADDITIONAL CONDITIONS
3) The forgers piers and all associated structures shall have a minimum setback distance of 15 feet between
any parts of the structure and the adjacent property owners' riparian access corridors.
4) The permittee and/or his or her contractor shall meet with a representative of the Division prior to
project initiation.
5) This Minor Modification authorizes 4 additional formalized slips for a total slip count of 48 formalized
boat slips at the authorized marina facility.
6) This Minor Modification shall be attached to the original Permit No. 132-96, which was transferred to
the pemrittee on 10/6/15, as well as the Minor Modification issued on 3/16/16, and copies of all
documents shall be readily available on site when Division personnel inspect the project for compliance.
7) All conditions and stipulations of the active permit remain in force under this Minor Modification unless
specifically altered herein.
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: The U.S. Army Corps of Engineers authorized the project under COE Action Id. No. SAW
Project No. 1996-03725.
NOTE: A minor modification application processing fee of $100 was received by DCM for this project.
e`-4ev
9 ti0
SEC �
t

Coastal Management
ENVIRONMENTAL QUALITY
TO: Heather Coats
Assistant Major Permits Coordinator, Wilmington
FROM: Tara MacPherson
Field Representative, Wilmington le-1
THRU: Debra D. Wilson i�Qd
District Manager, Wilmington
DATE: October 25, 2016
PAT MCCRORY
Govemor
DONALD R. VAN DER VAART
semtwy
BRAXTON DAVIS
Dmaor
SUBJECT: Modification Requestfor State Permit # 132-96
AB Marina Group, U-C (aka Anchors Bend Marina) c/o Everett Daniels, 2127 Clemmons Way,
Wilmington, New Hanover County
Mr. David Edmonds, acting agent for AB Marina Group, LLC is requesting a minor modification to State
Permit # 132-96. State Permit # 132-96 was originally issued to Oak Winds Marina, c/o Charles Thacker on
September 19, 1996 for renovation of an existing commercial marina, with some highground excavation and
maintenance excavation of the existing boat basin. State Permit # 132-96 was amended on October 1, 1996 for the
relocation of the spoil material. A Letter of Refinement was issued on October 21, 1996 for riprap placement in lieu
of the authorized bulkhead. The permit was transferred to Marina Partnership, LLC and renewed for maintenance
excavation on November 1,1999. On November 22,1999 State Permit #132-96 was transferred to Marina Partners,
LLC and renewed for a five-year maintenance period. State Permit # 132-96 was once again renewed for
maintenance excavation on May 20, 2005. The permit was then transferred on September 27, 2005 to Atlantic Blue
Properties, LLC and then again to Anchors Bend Yacht Club, Inc. on May 14, 2010.
The permit was transferred again to Foreverhome of Wilmington III, LLC on May 16, 2013 and then modified
on May 29, 2013 and again on November 15, 2013 for a new boat -ramp and reconfiguration of the existing 42-slip
marina, including the removal of the existing two (2) large roof -covered docking areas, associated floating and fired
finger piers and pilings to continue to allow the existing facility to accommodate up to 42 vessels by reducing the total
square footage by 40% within the existing marina facility. State Permit # 132-96 was due to expire on December 31,
2013; however, was subject to extension by the Session Law 2009-406, and as amended by Session Law 2010-177,
the Permit Extension Act. State Permit # 132-96 was renewed on February 11, 2014 and recently transferred on
October 6, 2015 from Foreverhome of Wilmington III, LLC to AB Marina Group, LLC, which is due to expire on
December 31, 2018. The permit was most recently modified on March 16, 2016 for demo of existing structures and
construction of a new fixed dock, finger piers, walkways and boatlifts with the addition of two boat slips for a total slip
count of 44 formalized boat slips.
Mr. Edmonds states that the new owners are requesting another modification to State Permit # 132-96 to
allow for the reconfiguration of the existing 44-slip marina by reducing slip sizes to meet marketing demand for
additional boat slips. This would reduce the overall number of slips that are 40 ft. and greater to 2 (two) slips and all
other slips would be reduced to 30 ft., which matches the slips authorized in Phase 1 of this project. The reduction in
slip sizes would allow for additional formalized boat slips at the marina wi n the existing authorized footprint by
adding a 4 (four) additional 30 ft. slips for a total of 48 formalized boat slips ( e Exhibit 8 and Narrative).
RECEIVED
State of North Carohna I Environmental Quality I Coastal Management 0 C T 2 S 2016
127 Cardmel Drive Et2, Wilmington, NC 29405
910-796-7215
DCM- MHD CITY

As proposed 4 (four) additional 30 ft. slips would be added, labelled as slips 45-48. Slips 45-47 would be
located on the eastern end of the marina and would have associate boatiifts. Slip 48 would be located on the western
most outer finger pier and would not have an associated boatlift because the 15 ft. riparian setback was NOT waived
by the adjacent property owner (see drawing labelled as Exhibit A and Exhibit C).
The agent has submitted a check (check No. 5481) in the amount of $100 for the modification request along
with the letters provided to the adjacent riparian property owners via certified mail. The proposed structures would not
encroach into the adjacent 15' Riparian Corridor Setback Area requirements. As proposed, this office has no
objection to the proposed project modification as long as there are no objections from other the agencies to this
proposal. It appears that the project would be located within the existing footprint of the existing marina facility and
the addition of 4 (four) formalized boat slips continues to be CONSISTENT with the use standards set forth in NCAC
07H .0208(b).
By copy of this memo, DCM is requesting that the DMF, USACE and DWR provide any comment that
your agency may have on the proposed project to Heather Coats of DCM's Wilmington office within 14 days
of receipt of this memo.
cc: WiRO File
Tyler Crumbley, USACE
Robb Mairs, DWR
Greg Bodnar and Doug Huggett, DCM-MHC
Jeremy Humphrey, DMF-Shellfish Sanitation
Linda Painter, LPO
RECEIVED
OCT 2 8 2016
DC 7 1 - 70',-ate` CITY

ADJACENT RIPARIAN PROPERTY 0@yNItWN01IFiCANON/11VAIVER FORM
AB Marina Group, LLC
Name of Property Owner. ----------
Address of Property: Anchors -Bend Marina 2127 Clemmons Way Wilmington, NC 28411
(Lot or Street #, Street or Road, City 8 Coumy) -
Agent's -Name t _ David Edmonds Mailing Address: PO Box 537___
Agent's phone #:_ 910.524.6200 ; _ Wilmindton,NC28402
iavi@K
6nlaotcoistalxorn
1 hereby rer* that I own property;ad]acent to the above referenced property. The-ihdlvidual
applying for this permit has described to me as shown on the attached drawing the development
they are -proposing. A A - -)grit or drawidilax wdh-dirrienslgrts must•be 4r64idedwith this°leller.
I have no objections to this proposal.. —I have objections to this proposal. _
(DCU)je wag wghtc:whaty e, of ra r p otthb, uati,4. Cv esi DivlWon of for D Af4nypmart
(DCMJ M wrldng w8fitn lP 2aya of receipt otthtsna8ce. Contact tnfoanarbri for DCM olylces IS
aveHableattr ft- A Eo Ststmi +v rya nmaM netlweb(C staTF17af7naorhyeaftg f-1188-4RCOAS7.
No reaaonse Ia c'onstdared the snare As = obl"fl0h If trou-have now nowma by CBr~ Malt
WAIVER SECTION
I understand that a pier, dock, mooring pilings, boat ramp, breakwater, boathouse, or lift must
be set back a minimum distance of 1 F from my area of riparian access unless waived by me, (It
you wish to waive the setback; trou must Initial the appropriate blank betow.)
-.I do wish to waive the 15' setback requirement.
^Aryt�et a
\Y+1 M1r I do notwish to waive the 16 setback requirement
(property owner Information)
A • /
Sig#hrre ABMarinaGroup, LLC
Eyeteft Daniels Maier _
Print or Type Name
PO Box 17566 _
rdethag Addass
_Raleigh, NC 27519
Cotslare(LP 919,863,1000
i�rett OaNetsdpdewittcarolklas.ggm
TefiVhotw Number! Fin88AddraSs
October12,2016
Riparian Props Ownar Infgrma oh)
.Pict
alive uY1aMclverTrtrst
Print or Type Name
:Cif:Y
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�Q9rUfa •r{
Telephwna�Nv(mjbSb4I.�er lfESt3ma>7 Atldress_tffl1M GOB
Dale
(Revised Aug. 2014)
u
OCT 2 S 2016
DCM,- . HD CITY

11
DEPARTMENT OF THE ARMY
WILMINGTON DISTRICT, CORPS 6P E14GINEERS
69 DARLINGTON AVENUE
WILMINGTON, NORTH CAROLINA 28403-1343
December 7, 2016
Division
Action ID No. SAW-1996-03725 and State Permit No. 132-96
General Permit No. 198000291
Coastal Construction & Consulting
Attn: Mr. David Edmonds
Post Office Box 537
Wilmington, North Carolina 28402
Dear Mr. Edmonds:
Through coordination with the North Carolina Division of Coastal Management, and on
behalf of the AB Marina Group, we have learned of your request to modify the work associated
with a Department of the Army (DA) permit issued on October 14, 1996, which authorized the
renovation and expansion of an existing commercial marina, including maintenance dredging of
shallow water bottom for the construction and reconfiguration of bulkheads and piers, off of
Middle Sound, at 2127 Middle Sound Loop Road, Wilmington, New Hanover County, North
Carolina. Coordinates are: 34.2574 N,-77.7784 W. Your recent request is to expand the
existing marina from 44 to 48 formalized boat slips.
Your proposal continues to be consistent with the,provisions and objectives of general
permit No. 198000291 (copy enclosed). The permit is hereby modified. If any change in your
work is required because of unforeseen or altered conditions or for any other reason, plans
revised to show the change must be sent promptly to this office and the North Carolina Division
of Coastal Management prior to performing any such change or alteration. Such action is
necessary as revised plans must be reviewed and the authorization modified. Your Department of
the Army permit will expire on December 31, 2016.
Ifyou have any questions or comments you may reach me at telephone, [phone], or
email: tyler.crumbleyna usace.army.mil.
Since
'Tyler Crum ley
Regulatory Project Manager
Wilmington Regulatory Field Office
Enclosures:
CAMA Permit
GP291 Conditions
. RECEIVED
DCM WILMINGTON, NC
DEC 12 2016

bZ
Copies Furnished (with enclosures):
AB Marina Group, LLC
Attn: Mr. Everett Daniels
2127 Clemmons Way
Wilmington, North Carolina 28411
Copies Furnished (without enclosures):
Mr. Sean Farrell
Division of Coastal Management
North Carolina Department of
Environmental Quality
127 Cardinal Drive Extension
Wilmington, North Carolina 28405
Mr. Robb Mairs
Division of Water Resources
North Carolina Department of
Environmental Quality
127 Cardinal Drive Extension
Wilmington, North Carolina 28405
Dr. Ken Riley
National Marine Fisheries Service
Habitat Conservation Service
Pivers Island
Beaufort, North Carolina 28516
Dr. Pace Wilber
National Marine Fisheries Service
Habitat Conservation Division
219 Fort Johnson Road
Charleston, South Carolina 29412-9110
Mr. Doug Huggett
Division of Coastal Management
North Carolina Department of
Environmental Quality
400 Commerce Avenue
Morehead -City North Carolina 28557-3421

Water Resources
ENVIRONMENTAL OUALITY
TO:
FROM:
THROUGH:
DATE:
SUBJECT:
PAT MCCRORY
Govemor
DONALD R. VAN DER VAART
Secretary
S. JAY ZIMMERMAN
Heather Coats — Division of Coastal Management
Assistant Major Permits, Wilmington
Robb Mairs
Environmental tenior Specialist, Wilmington
James H. Gregson S+
Regional Supervisor Surface Water Protection Section, Wilmington
December 14, 2016
Minor Modification request for AB Marina Group, LLC (Anchors Bend Marina)
c/o Everett Daniels
Dwector
This follows our November 8, 2016 memo regarding the Minor Modification request to CAMA Major
Permit No. 132-86. After further file review of the existing marina facility (State Permit No. 132-96 and DWR
No. 19900227) and conversations with other staff with the NCDMF, the NCDWR has determined that the
expansion of the existing marina from 44 to 48 formalized boat slips would not cause an expansion of the
shellfish closure and appears to be CONSISTENT with our current rules under: 15A NCAC 02B .0225
Outstanding Resource Waters (ORW) (e) (7)(F) (attached), which states: (7) In the following designated
waterbodies, the only type of new or expanded marina that shall be allowed shall be those marinas
located in upland basin areas, or those with less than 10 slips, having no boats over 21 feet in length and
no boats with heads. For to the purposes of the ORW rules, Harrelson Creek has been determined to be an
upland basin based on past permit decisions.
Enclosures
cc: Karen Higgins —401 Wetlands Unit
Jeremy Humphrey, DMF-Shellfish Sanitation-WiRO
Tyler Crumbley, USACE
WiRO File
RECEIVED
DCM WILM NG ON, NC
DEC 14 2016
State of North Carolina I Department of Fnvimnmental Quality I Division of Water Resources
127 Cardinal Drive Ext., Wilmington, NC 28405
919 796 7215