132-96 TX Anchors Bend Yacht Club Inc

1�
Permit Class
TRANSFER
Permit Number
132-96
STATE OF NORTH CAROLINA
Department of Environment and Natural Resources
and
Coastal Resources Commission
Vermit
for
X Major Development in an Area of Environmental Concern
pursuant to NCGS 113A-118
X Excavation and/or filling pursuant to NCGS 113-229
Issued to Anchors Bend Yacht Club, Inc., 9323 Penhurst Trace, Charlotte, NC 28210
Authorizing development in New Hanover County at Middle Sound, Oak Winds Marina at 2127
Middle Sound Rd. , as requested in the permittee's application dated 2/1/96 including attached
workplan drawings, 7 dated 3/20/96, 2 dated 5/29/96, and 2 dated 5/10/96.
This permit, issued on May 14, 2010 , 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. a) In order to protect juvenile shrimp and finfish populations, no excavation or filling
shall be permitted between April 1 and September 30 of any year without the prior
approval of the Division of Coastal Management.
b) Prior to excavation, a turbidity curtain shall be installed at the mouth of the basin, as
near the AIWW as practicable, and maintained during active excavation in order to
protect adjacent Outstanding Resource Waters.
(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. An appeal requires resolution prior to work initiation or
continuance as the case may be.
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, 2012
Signed by the authority of the Secretary of DENR and the
Chairman of the Coastal Resources Commission.
�� James H. Gregson, Director
Division of Coastal Management
This permit and its conditions are hereby accepted.
In issuing this permit, the State of North Carolina agrees
that your project is consistent with the North Carolina Coastal
Management Program. Signature of Permittee

Atlantic Blue Properties, LLC
ADDITIONAL CONDITIONS
Permit #132-96
Page 4 of 4
22) The permittee's scheme of development, of which the authorized work is part, contemplates the
presence of structures and their attendant utilities on lands subject to an easement in favor of the United
States for the operation, maintenance, improvement, and enlargement of the Atlantic Intracoastal
Waterway (AIWW). Accordingly, the permittee shall be required to remove such structures and
improvements at his own expense in the event that, in the judgment of the U.S. Army Corps of
Engineers acting on behalf of the United States, the lands are needed at any time for any purpose within
the scope of the easement. Permanent buildings shall no be constructed with the easement.
23) 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. Use of the permitted activity shall not interfere with the
public's right to free navigation on all navigable waters of the United States.
24) 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.
NOTE: The N.C. Division of Water Quality approved this project on August 27, 1996 under General
Water Quality Certification No. 3025.
NOTE: The U.S. Army Corps of Engineers has assigned the proposed project COE. Action Id. No.
199603725.
NOTE: The New Hanover County Engineering Department shall approve a Sedimentation an Erosion
Control Plan for this project.
NOTE: The expiration date of this permit has been extended in accordance with Session Law 2009-406.

f
Permit Class
TRANSFER
Permit Number
132-96
STATE OF NORTH CAROLINA
Department of Environment and Natural Resources
and
Coastal Resources Commission
Vermit
for
X Major Development in an Area of Environmental Concern
pursuant to NCGS 113A-118
X Excavation and/or filling pursuant to NCGS 113-229
Issued to Anchors Bend Yacht Club, Inc., 9323 Penhurst Trace, Charlotte, NC 28210
Authorizing development in New Hanover County at Middle Sound, Oak Winds Marina at 2127
Middle Sound Rd. , as requested in the permittee's application dated 2/1/96 including attached
workplan drawings, 7 dated 3/20/96, 2 dated 5/29/96, and 2 dated 5/10/96.
This permit, issued on May 14, 2010 , 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.
a) In order to protect juvenile shrimp and finfish populations, no excavation or filling
shall be permitted between April 1 and September 30 of any year without the prior
approval of the Division of Coastal Management.
b) Prior to excavation, a turbidity curtain shall be installed at the mouth of the basin, as
near the AIW W as practicable, and maintained during active excavation in order to
protect adjacent Outstanding Resource Waters.
(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. An appeal requires resolution prior to work initiation or
continuance as the case may be.
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, 2012
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.
DJames H. Gregson, Director
ivision of Coastal Management
This permit and its conditions are hereby accepted.
Signature of Permittee

Atlantic Blue Properties, LLC
ADDITIONAL CONDITIONS
Permit #132-96
Page 4 of 4
22) The permittee's scheme of development, of which the authorized work is part, contemplates the
presence of structures and their attendant utilities on lands subject to an easement in favor of the United
States for the operation, maintenance, improvement, and enlargement of the Atlantic Intracoastal
Waterway (AIWW). Accordingly, the permittee shall be required to remove such structures and
improvements at his own expense in the event that, in the judgment of the U.S. Army Corps of
Engineers acting on behalf of the United States, the lands are needed at any time for any purpose within
the scope of the easement. Permanent buildings shall no be constructed with the easement.
23) 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. Use of the permitted activity shall not interfere with the
public's right to free navigation on all navigable waters of the United States.
24) 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.
NOTE: The N.C. Division of Water Quality approved this project on August 27, 1996 under General
Water Quality Certification No. 3025.
NOTE: The U.S. Army Corps of Engineers has assigned the proposed project COE Action Id. No.
199603725.
NOTE: The New Hanover County Engineering Department shall approve a Sedimentation an Erosion
Control Plan for -this project.
NOTE: The expiration date of this permit has been extended in accordance with Session Law 2009-406.

J
Permit Class
J TRANSFER
Permit Number
132-96
STATE OF NORTH CAROLINA
Department of Environment and Natural Resources
and
Coastal Resources Commission
Vrrmit
for
X Major Development in an Area of Environmental Concern
pursuant to NCGS 113A-118
X Excavation and/or filling pursuant to NCGS 113-229
Issued to— Anchors Bend Yacht Club, Inc., 9323 Penhurst Trace, Charlotte NC 28210
Authorizing development in New3-Ianover County at Middle Sound, Oak Winds Marina at 2127
Middle Sound Rd. , as requested in the permittee's application dated 2/1/96 including attached
workplan drawings, 7 dated 3/20/96, 2 dated 5/29/96, and 2 dated 5/10/96.
This permit, issued on May 14, 2010 , 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.
a) In order to protect juvenile shrimp and finfish populations, no excavation or filling
shall be permitted between April 1 and September 30 of any year without the prior
approval of the Division of Coastal Management.
b) Prior to excavation, a turbidity curtain shall be installed at the mouth of the basin, as
near the AIWW as practicable, and maintained during active excavation in order to
protect adjacent Outstanding Resource Waters.
(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. An appeal requires resolution prior to work initiation or
continuance as the case may be.
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, 2012
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.
-' James- . Gregson, Director
Division of Coastal Management
This permit and its conditions are hereby accepted.
Signature of Permittee

Atlantic Blue Properties, LLC
ADDITIONAL CONDITIONS
Maintenance Excavation
Permit #132-96
Page 2 of 4
2) Excavation in the western end of the basin shall not exceed —5' normal low water, and grade to —6' at
the conflux of the access channel, and —7' to —8' through the channel to the mouth.
3) No marsh grass shall be excavated or filled.
4) The temporary placement or double handling of excavated or fill materials within waters or vegetated
wetlands is not authorized.
5) No excavated or fill material shall be placed at any time in any marsh or surrounding waters outside of
the alignment of the fill area indicated on the work plans.
6) All excavated materials shall be confined landward of the normal high water (NHW) elevation contour
and regularly or irregularly flooded vegetated wetlands within adequate dikes or other retaining
structures to prevent spillover of solids into any vegetated wetlands or surrounding waters.
7) The terminal end of the pipeline from the dredge into the diked retention area shall be positioned at or
greater than 50 feet from any part of the dike and a maximum distance from spillways to allow
settlement of suspended sediments.
8) A water control structure shall be installed at the intake end of the effluent pipe leading from the
retention area in order to ensure maximum settlement of suspended solids.
9) Flow from the diked retention area shall be confined by pipe, trough, or similar device to a point at or
below the normal low water (NLW) elevation contour to prevent gully erosion and siltation.
10) The activity shall be conducted in such a manner as to prevent a significant increase in turbidity outside
of the area of construction or construction -related discharge. Increases such that the turbidity in the
waterbody is 25 NTU's or less in all saltwater classes are not considered significant.
11) a) The dedicated spoil area shall be enlarged or relocated so as to accommodate two or three times
the amount of material to be removed hydraulically from this basin. The satisfaction of this
condition shall be approved by the Division prior to the onset of dredging.
b) Spoil area effluent shall be discharge to an area temporarily closed to shellfish harvest by the
Shellfish Sanitation Branch of the Division of Environmental Health. Telephone [phone].

atlantic Blue Properties, LLC
ADDITIONAL CONDITIONS
Maintenance Clause
Permit #132-96
Page 3 of 4
2) The Division of Coastal Management shall be notified in writing at least two (2) weeks in advance of
any maintenance dredging/work authorized by this permit and that notification shall include:
A. The number of the original permit.
B. A statement that no dimensional changes are proposed.
C. A copy of the original permit plan(s) with cross -hatching indicating the area to be maintained.
and the area to be used for dredge spoil, and the estimated amount of material to be removed.
D. The date of plan revision and the permittee's signature shown anew on the original plan.
Bulkheadine and Backfillin�
3) The bulkhead shall not extend waterward more than 8 feet from the normal high water line at any point
along its alignment at the time of construction.
4) The bulkhead shall be constructed prior to any backfilling activities.
5) The bulkhead shall be structurally tight so as to prevent seepage of backfill materials�.through the
structure.
6) The fill material shall be clean and free of any pollutants except in trace quantities. Metal products,
organic materials, or unsightly debris shall not be used.
7) All backfill material shall be obtained from a high ground source and confined behindAe permitted
bulkhead.
Dock Construction
.8) The docks in the upper basins shall be pulled back 5' to 8' to enhance navigation in these narrow
channels.
Marina Operation
.9) Prior to the occupancy of any newly constructed docks at Oak Winds marina, a pumpout facility shall
be installed and maintained for the life of the project to service boats with holding tanks.
!0) The marina shall display a sign showing the location of the on -site pumpout facility, and other
appropriate waste disposal information, at the entrance and exit from the main pier.
! 1) No sewage, whether treated or untreated, shall be discharged at any time from any boats using the
marina. Any sewage discharge at the marina 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 structures.

Atlantic Blue Properties, LLC
ADDITIONAL CONDITIONS
Permit #132-96
Page 4 of 4
22) The permittee's scheme of development, of which the authorized work is part, contemplates the
presence of structures and their attendant utilities on lands subject to an easement in favor of the United
States for the operation, maintenance, improvement, and enlargement of the Atlantic Intracoastal
Waterway (AIWW). Accordingly, the permittee shall be required to remove such structures and
improvements at his own expense in the event that, in the judgment of the U.S. Army Corps of
Engineers acting on behalf of the United States, the lands are needed at any time for any purpose within
the scope of the easement. Permanent buildings shall no be constructed with the easement.
23) 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. Use of the permitted activity shall not interfere with the
public's right to free navigation on all navigable waters of the United States.
24) 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.
NOTE: The N.C. Division of Water Quality approved this project on August 27, 1996 under General
Water Quality Certification No. 3025.
NOTE: The U.S. Army Corps of Engineers has assigned the proposed project COE Action Id. No.
199603725.
NOTE: The New Hanover County Engineering Department shall approve a Sedimentation an Erosion
Control Plan for this project.
NOTE: The expiration date of this permit has been extended in accordance with Session Law 2009-406.

v"
Permit Class
TRANSFER
Permit Number
132-96
STATE OF NORTH CAROLINA
Department of Environment and Natural Resources
and
Coastal Resources Commission
Vermt"t
for
X Major Development in an Area of Environmental Concern
pursuant to NCGS 113A-118
X Excavation and/or filling pursuant to NCGS 113-229
Issued to _ Anchors.Bend Yacht Club, Inc., 9323 Penhurst Trace, Charlotte, NC 28210
Authorizing development in New Hanover County at Middle Sound, Oak Winds Marina at 2127
Middle Sound Rd. , as requested in the permittee's application dated 2/1/96 including attached
workplan drawings, 7 dated 3/20/96, 2 dated 5/29/96, and 2 dated 5/10/96.
This permit, issued on May 14, 2010 . 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. a) In order to protect juvenile shrimp and finfish populations, no excavation or filling
shall be permitted between April 1 and September 30 of any year without the prior
approval of the Division of Coastal Management.
b) Prior to excavation, a turbidity curtain shall be installed at the mouth of the basin, as
near the AIWW as practicable, and maintained during active excavation in order to
protect adjacent Outstanding Resource Waters.
(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. An appeal requires resolution prior to work initiation or
continuance as the case may be.
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, 2012
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.
James H. Gregson, Director
Division of Coastal Management
This permit and its conditions are hereby accepted.
Signature of Permittee

Atlantic Blue Properties, LLC
2)
3)
4)
5)
Permit 4132-96
Page 2 of 4
ADDITIONAL CONDITIONS
Maintenance Excavation
Excavation in the western end of the basin shall not exceed —5' normal low water, and grade to —6' at
the conflux of the access channel, and —7' to —8' through the channel to the mouth.
No marsh grass shall be excavated or filled.
The temporary placement or double handling of excavated or fill materials within waters or vegetated
wetlands is not authorized.
No excavated or fill material shall be placed at any time in any marsh or surrounding waters outside of
the alignment of the fill area indicated on the work plans.
6) All excavated materials shall be confined landward of the normal high water (NHW) elevation contour
and regularly or irregularly flooded vegetated wetlands within adequate dikes or other retaining
structures to prevent spillover of solids into any vegetated wetlands or surrounding waters.
7) The terminal end of the pipeline from the dredge into the diked retention area shall be positioned at or
greater than 50 feet from any part of the dike and a maximum distance from spillways to allow
settlement of suspended sediments.
8) A water control structure shall be installed at the intake end of the effluent pipe leading from the
retention area in order to ensure maximum settlement of suspended solids.
9) Flow from the diked retention area shall be confined by pipe, trough, or similar device to a point at or
below the normal low water (NLW) elevation contour to prevent gully erosion and siltation.
10) . The activity shall be conducted in such a manner as to prevent a significant increase in turbidity outside
of the area of construction or construction -related discharge. Increases such that the turbidity in the
waterbody is 25 NTU's or less in all saltwater classes are not considered significant.
11) a) The dedicated spoil area shall be enlarged or relocated so as to accommodate two or three times
the amount of material to be removed hydraulically from this basin. The satisfaction of this
condition shall be approved by the Division prior to the onset of dredging.
b) Spoil area effluent shall be discharge to an area temporarily closed to shellfish harvest by the
Shellfish Sanitation Branch of the Division of Environmental Health. Telephone [phone].

Atlantic Blue Properties, LLC
ADDITIONAL CONDITIONS
Maintenance Clause
Permit 4132-96
Page 3 of 4
12) The Division of Coastal Management shall be notified in writing at least two (2) weeks in advance of
any maintenance dredging/work authorized by this permit and that notification shall include:
A. The number of the original permit.
B. A statement that no dimensional changes are proposed.
C. A copy of the original permit plan(s) with cross -hatching indicating the area to be maintained.
and the area to be used for dredge spoil, and the estimated amount of material to be removed.
D. The date of plan revision and the permittee's signature shown anew on the original plan.
Bulkheadins and Backfillina
13) The bulkhead shall not extend waterward more than 8 feet from the normal high water line at any point
along its alignment at the time of construction.
14) The bulkhead shall be constructed prior to any backfilling activities.
15) The bulkhead shall be structurally tight so as to prevent seepage of backfill materials through the
structure.
16) The fill material shall be clean and free of any pollutants except in trace quantities. Metal products,
organic materials, or unsightly debris shall not be used.
17) All backfill material shall be obtained from a high ground source and confined behind the permitted
bulkhead.
Dock Construction
18) The docks in the upper basins shall be pulled back 5' to 8' to enhance navigation in these narrow
channels.
Marina Operation
19) Prior to the occupancy of any newly constructed docks at Oak Winds marina, a pumpout facility shall
be installed and maintained for the life of the project to service boats with holding tanks.
20) The marina shall display a sign showing the location of the on -site pumpout facility, and other
appropriate waste disposal information, at the entrance and exit from the main pier.
21) No sewage, whether treated or untreated, shall be discharged at any time from any boats using the
marina. Any sewage discharge at the marina 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 structures.

Atlantic Blue Properties, LLC
ADDITIONAL CONDITIONS
Permit #132-96
Page 4 of 4
22) The permittee's scheme of development, of which the authorized work is part, contemplates the
presence of structures and their attendant utilities on lands subject to an easement in favor of the United
States for the operation, maintenance, improvement, and enlargement of the Atlantic Intracoastal
Waterway (AIWW). Accordingly, the permittee shall be required to remove such structures and
improvements at his own expense in the event that, in the judgment of the U.S. Army Corps of
Engineers acting on behalf of the United States, the lands are needed at any time for any purpose within
the scope of the easement. Permanent buildings shall no be constructed with the easement.
23) 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. Use of the permitted activity shall not interfere with the
public's right to free navigation on all navigable waters of the United States.
24) 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.
NOTE: The N.C. Division of Water Quality approved this project on August 27, 1996 under General
Water Quality Certification No. 3025.
NOTE: The U.S. Army Corps of Engineers has assigned the proposed project COE Action Id. No.
199603725.
NOTE: The New Hanover County Engineering Department shall approve a Sedimentation an Erosion
Control Plan for this project.
NOTE: The expiration date of this permit has been extended in accordance with Session Law 2009-406.

DCINI C00rdin2tDY: �- C7-OvQ4/ r
Permitee;
DCNI Field Offices
Elizabeth City
Morehead City
Wa on
i ington
US ACOE Offices:
Washington:
Wilmington:
Cultural Resources:
Public Water Supply:
Marine Fisheries
NC DOT:
Shellfish Sanitation:
State Property:
Wat��Qrta}it�:�_
M.4ILP1G DISTRIBUTIOi'i SHEET
(with revised ;;fork plan drawings)
Raleigh Bland
Tracey Wheeler
William Westcott (NC DOT)
Bill Biddlecome (NC DOT)
Dave Timpy
Renee Gledhill -Early
Debra Benoy (WIRO)
Joey White (WARO)
Anne Deaton
Ken Pace
Patti Fowler
June Michaux
Cyndi Karoly (Raleigh)
John Hennessy (NC DOT)
Washington: Vivian Christy
Al Hodge
Kyle Barnes
Wilmington:, Joanne Steenhuis
Wildlife Resources: Maria Dunn (WARD)
Molly Ellwood (WIRO)
1 A'ZoA
Fax Distribution: Permitee #:
Agent

Dlv sion of Coastal Management
Application Processing Notes
Applicant:
Type: (check all that apply)
NEW MAJORMOD_ MINOR MOD_
Permit Coordinator:
Field Representative:
Date/Time Message
RENEWAL TRANSFER

NCDENR
North Carolina Department of Environment and Natural Resources
Division of Coastal Management Dee Freeman
Beverly Eaves Perdue James H. Gregson Secretary
Governor Director
MEMORANDUM
TO: Doug Huggett
Major Permits Section Y 5 2009
FROM: Holley Snider 112, �dUn lVIo`eheacj
DCM, Field Representative C'ty DCA4
THRU: Steven Everhart,
DCM, District Manager
DATE: December 8, 2009
SUBJECT: Request for Transfer and Renewal of State Permit # 132-96
Atlantic Blue Properties, LLC
Carolina Beach, New Hanover County
Mr. Gordon Friedrich, Vice President of Atlantic Blue Properties LLC, is requesting the transfer and renewal of
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 boat basin. State Permit # 132-96 was amended on October 1, 1996 for the relocation of 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 Sate 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 is due to expire on December 31,
2009.
Mr. Friedrich is requesting that Permit #132-96 be transferred to Anchors Bend Yacht Club and renewed for a
five-year period under the maintenance excavation clause. Atlantic Blue Properties, LLC has included check (ck no.
2853) in the total amount of $100.00 for the processing of the transfer request.
This office has no objections to the transfer of State Permit #36-04 to Anchors Bend Yacht Club. A copy of the
deed transferring title of property located at 2127 Middle Sound Loop Road, to Anchors Bend is included.
This permit is subject to extension by the Session Law 2009-406, the Permit Extension Act, therefore
the processing fee for the renewal has been waived and renewal of the permit is authorized without exception.
cc: WiRO File
Dave Timpy, ACOE
127 Cardinal Drive Ext., Wilmington, NC 28405
Phone: [phone] FAX: [phone] Internet: www.nccoastalmanagement.net
An Equal Opporhunify 1 Affinnafive Action Em*yw
Nocgi Carolina
Xwra!!y

Atlantic Blue Properties, LLC
Atlantic Blue Yacht Club, Inc.
Delivered via Certified Mail
November 23, 2009
Ms. Holley Snider
NC Division of Coastal Management
127 Cardinal Drive Extension
Wilmington, NC 28405-3845
Subject: Transfer and Renewal of Permit Number 132-96
Dear Holley:
On behalf of Atlantic Blue Properties, LLC and Atlantic Blue Yacht Club, Inc. I request
the transfer and renewal of Permit Number 132-96 for a five year period. As noted in the
attached deed, the marina property has been transfer from Atlantic Blue Properties, LLC
to 44anmYacht Club, Inc., 9323 Penshurst Trace, Charlotte, NC 28210.
tBYS B1utCliirlQ.
Atlantic Blue Yacht Club, Inc. will use the permit for the purposes for which it is issued.
There has not been a substantial change in Conditions, circumstances, or facts affecting
the project. There has not been a substantial change or modification of the project as
proposed in the original application.
Thank you for your assistance.
Sincerely,
Atlantic Blue Properties, LLC
Atlantic Blue Yacht Club, Inc.
9323 Penshurst Trace
Charlotte, NC 28210
rdon W. Friedrich
Vice President, Atlantic Blue Properties, LLC
Director, Secretary, Atlantic Blue Yacht Club, hic.
[phone]
Fax[phone]
R E C, E IVhED
DEC 0 12009
DClvl Wi? 101PlGfON, NC

%IL111111"I
FOR REORSg�t P REG1THER OF DEEDS
NED NRNOVER C SM UNTY, NC
37 DEC 14 09:5215 AM
BK.5259 pG:2961-2965 FEE:$23.00
InANT NT R 20010M
SPECIAL WARRANTY DEED
WE PREPARED THE DEED IN THIS TRANSACTION BUT WE MADE NO EXAMINATION OF
TITLE AND WE EXPRESS NO OPINION ON TITLE TO THE PROPERTY.
Prepared by: MURCIUSON, TAYLOR, & GIBSON. PLLC
16 North Fifth Avenue, Wilmington, NC 28401
NORTH CAROLINA PARCEL:'90'}S t -1 - 00 3.00-1 -000
NEW HANOVER COUNTY
REVENUE STAMPS: O
THIS SPECIAL WARRANTY DEED, made and entered into this 4& day of
for o M%N&r , 2007, by and between ATLANTIC BLUE PROPERTIES, LLC, a North
Carolina limited liability company (herein called "GRANTOR'), and ANCHORS BEND
YACHT CLUB, INC., a North Carolina corporation with a mailing address of Post Office Box
291, Southern Pines, North Carolina 28387 (herein called "GRANTEE"):
WITNESSETH:
The GRANTOR, for and in consideration of the sum of Ten Dollars ($10.00) and other
valuable considerations to it in hand paid by the GRANTEE, the receipt whereof is hereby
acknowledged, has bargained and sold, and by these presents does hereby bargain, sell and convey
unto GRANTEE, its successors and assigns forever, all that certain real property located in New
Hanover County, North Carolina, and more particularly described on Exhibit A, attached hereto
and incorporated herein by reference.
Title to the property hereinabove described is conveyed subject to the following
exceptions:
78512
Prepared By & Retum
To: MTG, PLLC C, E I "E
DEC 0 12009
Vs;1-MiNGT0N,. NC

(i) all easements, rights of way and restrictions of record;
(ii) ad valorem taxes for the current and subsequent years;
(iii) all governmental land use statutes, ordinances and regulations, including zoning,
subdivision and building regulations;
(iv) Deed of Trust recorded in Book 4928, Page 1003, and that Modification of Deed of
Trust recorded in Book 5142, Page 601, both in the New Hanover County Registry;
and
(v) Deed of Trust recorded in Book 5006, Page 2193, and that Amendment to Deed of
Trust recorded in Book 5142, Page 645, both in the New Hanover County Registry.
TO HAVE AND TO HOLD the above granted and described property, together with all
and singular, the rights, privileges, easements, tenements and appurtenances thereunto belonging, or
in anywise appertaining unto the said GRANTEE, its successors and assigns, in fee simple, forever.
And the GRANTOR, for itself and its successors and assigns, does covenant to and with
the said GRANTEE and its successors and assigns that GRANTOR has done nothing to impair
such title to the property described herein as GRANTOR received, and GRANTOR will
warrant and defend title to same against the lawful claims of all persons claiming by, under or
through GRANTOR or its successors or assigns.
IN TESTIMONY WHEREOF, the said GRANTOR has caused this instrument to be
executed the day and year first above written.
78512
RECEIVED
DEC 0 12009
(}irAF VVI!_NiINI 7TON, NC

ATLANTIC BLUE WPERTIES, LLC,
a North Carolina linifted l ability company
Title: Manager
STATE OF NORTH CAROLINA
COUNTY OF 71a,,)
(county in which acknowledgnent taken)
I, zu Q, TP[ 6 • AN D E P- So A-) a Notary Public for
County, North Carolina, do hereby certify that William Bartley Edge,
Manager of ATLANTIC BLUE PROPERTIES, LLC, a North Carolina limited liability
company, personally appeared before me this day and acknowledged the due execution of the
foregoing instrument on behalf of the said company.
Witness my hand and official seal this the //VL day of JW-o 2007.
Notary Public
My Commission Expires: U 1 I r
3 3o-:tong
78512
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RECEIVED
DEC 0 12009
DCM WIl.I M1113TON, NC

EXHIBIT A
BEING ALL of Tract I as shown on that map recorded in Map Book 42, Page 120 of the New
Hanover County Registry, reference to which map is made for a more particular description.
TOGETHER WITH all riparian rights applicable to the above -mentioned Tract 1, including
rights to access the channel running to the Intracoastal Waterway and also the residual marsh
lands bounded on the North by the Old Livingston tract referred to in the deed recorded in Book
922, Page 922, New Hanover County Registry.
TOGETHER WITH an easement for access to and from the above -referenced property over and
across that certain area designated as "20.0' Road Right of Way -Map Book 5 @ Page 20" as
shown on the plat recorded in Map Book 35, Page 46 of the New Hanover County Registry and
as referenced in deeds recorded in Book 2523, Page 388, Book 2523, Page 391, and Book 2523,
Page 394, all of the New Hanover County Registry.
78512
DEC 0 1 2009

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REBECCA P. SMITH
REGISTER OF DEEDS, NEW HANOVER
216 NORTH SECOND STREET
WILMINGTON, NC 28401
fM�}1}fN!}ffflk'Y'IMfM}}MR11}I'-!M}f�Y}MM}1MMfiiffYlR}1Mt}}1!N}tk}11}'k}'Ii}i'R\f}
Filed For Registration: 12114/2007 09:52:25 AM
Book: RE 5259 Page: 2961-2965
Document No.: 2007059874
DEED 5 PGS $23.00
Recorder: PHELPS, MICAH
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.
*2007058874* RECEIVED
2007058874 DEC 0 12009
uC;Pf N:' i ,1;,GiON; NC

Permit Class
TRANSFER
Permit Number
132-96
STATE OF NORTH CAROLINA
D Department of Environment and Natural Resources
-i_I14hvG TON, NC and
OCT 0 4 2005 Coastal Resources Commission
Permit
#or
X Major Development in an Area of Environmental Concern
pursuant to NCGS 113A-118
Issued
Authorizing development in New Hanover County at Middle Sound, Oak Winds Marina at 2127
Middle Sound Rd. , as requested in the permittee's application dated 2/l/96 including attached
workplan drawings, 7 dated 3/20/96, 2 dated 5/29/96, and 2 dated 5/10/96.
This permit, issued on September 27, 2005 , 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.
a) In order to protect juvenile shrimp and finfish populations, no excavation or filling
shall be permitted between April 1 and September 30 of any year without the prior
approval of the Division of Coastal Management.
b) Prior to excavation, a turbidity curtain shall be installed at the mouth of the basin, as
near the AIWW as practicable, and maintained during active excavation in order to
protect adjacent Outstanding Resource Waters.
(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. An appeal requires resolution prior to work initiation or
continuance as the case may be.
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, 2009
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.
Char es S. Jones, Director
Division of Coastal Management
This permit and its conditions are hereby accepted.
Signature of Permittee

e+ 4 k
Atlautic,.Blue P•roperlie , LLC
n I, tJG�
DC`.t\,�j;a.,`
OCl 0 a 2005
ADDITIONAL CONDITIONS
Maintenance Excavation
Permit #132-96
Page 2 of 4
2) Excavation in the western end of the basin shall not exceed —5' normal low water, and grade to —6' at
the conflux of the access channel, and —7' to —8' through the channel to the mouth.
3) No marsh grass shall be excavated or filled.
4) The temporaryxplaceinent or double handling of;excavated or fill materials withinwaters or v
wetlands" isnotanthorized..
5) No excavated or fill material shall be placed at any time in any marsh or surrounding waters outside of
the alignment of the fill area indicated on the work plans.
6) All excavated materials shall be confined landward of the normal high water (NHW) elevation contour
and regularly or irregularly flooded vegetated wetlands within adequate dikes or other retaining
structures to prevent spillover of solids into any vegetated wetlands or surrounding waters.
7) The terminal end of the pipeline from the dredge into the diked retention area shall be positioned at or
greater than 50 feet from any part of the dike and a maximum distance from spillways to allow
settlement of suspended sediments.
8) A water control structure shall be installed at the intake end of the effluent pipe leading from the
retention area in order to ensure maximum settlement of suspended solids.
9) Flow from the diked retention area shall be confined by pipe, trough, or similar device to a point at or
below the mean low water (ML4) elevation contour to prevent gully erosion and siltation.
10) The activity shall be conducted in such a manner as to prevent a significant increase in turbidity outside
of the area of construction or construction -related discharge. Increases such that the turbidity in the
waterbody is 25 NTU's or less in all saltwater classes are not considered significant.
11) a) The dedicated spoil area shall be enlarged or relocated so as to accommodate two or three times
the amount of material to be removed hydraulically from this basin. The satisfaction of this
condition shall be approved by the Division prior to the onset of dredging.
b) Spoil area effluent shall be discharge to an area temporarily closed to shellfish harvest by the
Shellfish Sanitation Branch of the Division of Environmental Health. Telephone [phone].

Atlantic Blue Properties, LLC Permit #132-96
RE%DE5kpi_a Sr3.of4
DCAA11htIUAINIGTON, NC
ADDITIONAL CONDITIONS
OCT 0 4 2005
Maintenance Clause
12) The Division of Coastal Management shall be notified in writing at least two (2) weeks in advance of
any maintenance dredging/work authorized by this permit and that notification shall include:._.,
A. The number of the original permit.
B. A statement that no dimensional changes are proposed;
C A -copy of the ongmal;pernutplans) with doss hafchmg indicating the area to be maint
rand the area to be used for dredge'spoil;imd the estimated amount,of triatenal to be rem
D. The date of plan revision and the permittee's signature shown anew on the original plan.
Bulkheadina and Backfilline
13) The bulkhead shall not extend waterward more than 8 feet from the mean high water line at any point
along its alignment at the time of construction.
14) The bulkhead shall be constructed prior to any backfilling activities.
15) The bulkhead shall be structurally tight so as to prevent seepage of backfill materials through the
structure.
16) The fill material shall be clean and free of any pollutants except in trace quantities. Metal products,
organic materials, or unsightly debris shall not be used.
17) All backfill material shall be obtained from a high ground source and confined behind the permitted
bulkhead.
Dock Construction
18) The docks in the upper basins shall be pulled back 5' to 8' to enhance navigation in these narrow
channels.
Marina Operation
19) Prior to the occupancy of any newly constructed docks at Oak Winds marina, a pumpout facility shall
be installed and maintained for the life of the project to service boats with holding tanks.
20) The marina shall display a sign showing the location of the on -site pumpout facility, and other
appropriate waste disposal information, at the entrance and exit from the main pier.
21) No sewage, whether treated or untreated, shall be discharged at any time from any boats using the
marina. Any sewage discharge at the marina 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 structures.

Ot5WW' )OAT%9Y R.�'N/.J:NYX+.•TO#iCO.bF.tlSM[4A:4:-}.1�OW]M.-hYW)0'.hWi:4M.�Y.-i'AH�VNS:�iWY.�W<1VNi]H'SJY �btrvY.S'AI
Atlantic D4 P!opertRes;�LLC Permit #132-96
DAM IAMUI H!!!GTON, NC Page 4 of 4 '
OCT 0 4 2005 ADDITIONAL CONDITIONS
22) The permittee's scheme of development, of which the authorized work is part, contemplates the
presence of structures and their attendant utilities on lands subject to an easement in favor of the United
States for the operation, maintenance, improvement, and enlargement of the Atlantic Intracoastal
Waterway (AIWW). Accordingly, the permittee shall be required to remove such structures and
improvements at his own expense in the event that, in the judgment of the U.S. Army Corps of
Engineers acting on behalf of the United States, the lands are needed at any time for any purpose within
the scope of the easement Permanent buildings shall no be constructed with the easement.
waters at or adjacent to the authorized work. Use of the permitted activity shall not interfere with the
public's right to free navigation on all navigable waters of the United States.
24) 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.
NOTE:' The N.C. Division of Water Quality approved this project on August 27, 1996 under General
Water Quality Certification No. 3025.
NOTE: The U.S. Army Corps of Engineers has assigned the proposed project COE Action Id. No.
199603725.
NOTE: The New Hanover County Engineering Department shall approve a Sedimentation an Erosion
Control Plan for this project.

/ /'1` U
Permit Class Permit Number
2nd RENEWAL - MAINTENANCE-5 132-96
STATE OF NORTH CAROLINA
Department of Environment and Natural Resources C REC
and
Coastal Resources Commission D WILMINGrl 0 N At
-Permit MAY 2 51005 C
for
X Major Development in an Area of Environmental Concern
pursuant to NCGS 113A-118
-a t -- x `b YuiuuauL LV 1\I.VJ 11J LL7
Issued to MarinatPartn erc- YJ.0 Pn Rf•v ^iRi,) W,1,.,:,,..f.... tvr 4oAnc'" `
Authorizing development in New Hanover County at Middle Sound, Oak Winds Marina at 2127
Middle Sound Rd as requested in the permittee's letter dated 3/23/05
This permit, issued on 1May20, 2005 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 hermit to he null nn(i vnlet
1) This renewal shall be attached to the original of Permit No. 132-96, which was transferred to the
permittee on 11/01/99, as well as the amendment issued on 11/22/99, and copies of all documents shall
be readily available on site when Division personnel inspect the project for compliance.
2) All conditions and stipulations of the active permit remain in force under this renewal.
Maintenance Clause
3) The Division of Coastal Management shall be notified in writing at least two (2) weeks in advance of
any maintenance work authorized by this permit, and the notification shall include:
A. The number of the original permit
B. A statement that no dimensional changes are proposed
C. A copy of the original permit plan(s) with cross -hatching indicating the area to be maintained
and the area to be used for dredge spoil, and the estimated amount of material to be removed.
D. The date of plan revision and the permittee's signature shown anew on the original plan
r,..,.,,. .111VIL ` dy uc nppearea oy me permtttee or
other qualified persons within twenty (20) days of the issuing
date. An appeal requires resolution prior to work initiation or
continuance as the case may be.
This permit must be accessible on -site to Department
personnel when the project is inspected for compliance.
Any maintenance work or project modification not covered
hereunder requires further Division approval.
All work must cease when the permit expires on
December 31, 2009
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.
es S. Jones, Director
Division of Coastal Management
This permit and its conditions are hereby accepted.
Signature of Permittee

North Carolina
Beverly Eaves Perdue
Governor
Anchors Bend Yacht Club, Inc.
9323 PenhurstTrace
Charlotte NC 28210
Dear Sir or Madam:
MCDENR
Department of Environment and Natural Resources
Division of Coastal Management
James H. Gregson
Director
May 14, 2010
Dee Freeman
Secretary
The enclosed permit constitutes authorization under the Coastal Area Management Act, and where applicable, the
State Dredge and Fill Law, for you to proceed with your project proposal. Please sign both the original (buff -colored
form) and the Xerox stamped "Copy". Return the copy to this office in the enclosed envelope. Signing the permit and
proceeding means you have waived your right of appeal described below. Please retain the original (buff -colored
form), as it must be available on site when the project is inspected for compliance.
If you object to the permit or any of the conditions, you may request a hearing pursuant to NCGS 113A-121.1 or
113-229. Your petition for a hearing must be filed in accordance with NCGS Chapter 150B with the Office of
Administrative Hearings, 6714 Mail Service Center, Raleigh, NC 27611-6714, [phone] within twenty (20) days
of this decision on your permit. You should also be aware that if another qualified party submits a valid objection to the
issuance of this permit within twenty (20) days, the matter must be resolved prior to work initiation. The Coastal
Resources Commission makes the final decision on any appeal.
The project plan is subject to those conditions appearing on the permit form. Otherwise, all work must be carried
out in accordance with your application. Modifications, time extensions, and future maintenance require additional
approval. Please read your permit carefully prior to starting work and review all project plans, as approved. If you are
having the work done by a contractor, it is to your benefit to be sure that he fully understands all permit requirements.
From time to time, Department personnel will visit the project site. 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.
Sincerely,
Douglas V uggett
Major Permits and Consistency Manager
Enclosure
400 Commerce Ave., Morehead City, NC 28557
Phone: [phone] FAX: [phone] Intemet: www.nccoastalmanagement.net
An Equal Opportunity \ Affirmative Action Employer