132-96 TX Atlantic Blue Properties LLC

Permit Class Permit Number
TRANAER 132-96
STATE OF NORTH CAROLINA
Department of Environment and Natural Resources
and
Coastal Resources Commission
Permit
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 Atlantic Blue Properties, LLC,15209 McComb Manor Court, Charlotte, NC, 28277
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.
I _0�
Signature of Permittee

FAtlantic Blue Properties, LLC Permit #132-96
5
Page 2 of 4
ADDITIONAL CONDITIONS
Y
a
Maintenance Excavation s
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 ;
3) No marsh grass shall be excavated or filled
:<< r
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. -11
-
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 (MLW) 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].
8

Properties, LLC Permit #132-96
Page 3 of 4
ADDITIONAL CONDITIONS
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 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.
Bulkheading and Backfilling
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 manna 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.

4%"hAW>YY}t �i. WO[Y']S tiACCO-0OJi4HOtr%hh.WY :JOc4WT:MTYYh�'
1
Atlantic Blue Properties, LLC Permit #132-96
Page 4 of 4
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
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.

Permit Class
TRANSFER
STATE OF NORTH CAROLINA
Department of Environment and Natural Resources
and
Coastal Resources Commission
IaA
ertt
for
X Major Development in an Area of Environmental Concern
pursuant to NCGS 113A-118
to
Permit Number
132-96
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
worknlan 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.
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, 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

Atlantic Blue Properties, LLC
ADDITIONAL CONDITIONS
Maintenance Excavation
6
Permit #132-9
4
Page 2 of 4 f
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 temporaryplacernent�or double=harirjlmg of'ex3cavated:or fill materials withm waters or fvegetatedyF '
.ct.'...':r13 J ;2 d. - . '� S { S e,1' f:` i. w tl 1? t •'Y4 /. ro } 5 J s i, n�
wetlands-rs not.authdr`ized - = 5 > } . x •.. r: _ �<
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 (MLW) 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
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.
M z',UAW.eopy oar me onginai_pe�rmtt plan
area_ to be used'for dredge
D. The date of plan revision acid the r
Bulkheadine and Backfillin
anew on the original plan.
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 naviVeation 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.

+.�KYo�'-Yio4Y �Y OcoaOi+/a9Jia4WR4%-:-i
Atlantic Blue Properties, LLC Permit #132-96
Page 4 of 4
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
✓• ,. .. _:. :..;. �' . _.,..;: _. v �. Y_:?.. �a Uzi .. :..._.. r'_?'... '�.':� ..: n%{.'l .#^ .0 ,.e.; i. '*_-.J'-...:2. S�.l ._. .�. 5. .4.L. _. <._. ��,
waters at or adjacent to the authorized work. Use of the permitted activity shall not intertere 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.

PM,m
0
Permit Class
TRANSFER
to
Permit Number
132-96
STATE OF NORTH CAROLINA
Department of Envir6nment and Natural Resources
and
Coastal Resources Commission
i0ennit
for
X Major Development in an Area of Environmental Concern
pursuant to NCGS 113A-118
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 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.
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, 2009
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.
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
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.
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 (MLW) 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
1
Permit #132-96
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 cl
yamC , A copyof the.origmal pemmt plal(
":and the.azea to'be used'for dredge
D. The date
are
Bulkheading and BackfillinQ
anew on the origirial plan.
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.

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.
��b��L�S
23) No attempt«;shall be made y the permittee to prevent the full and freense by the pubhcof all navigable
waters at or adjacent to the authorized work. Use of the pi m i ted'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.

Permit Class
TRANSFER .
STATE OF NORTH CAROLINA
Department of Enviro'=- Cnt and Natural Resources
and
Coastal Resources Commission
40 Li
�Fenn
for
X Major Development in an Area of Environmental Concern
pursuant to NCGS 113A-118
to
Permit Number
132-96
2k77
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 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.
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, 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

Atlantic Blue Properties, LLC
Permit4132-96
Page 2 of 4
ADDITIONAL CONDITIONS
Maintenance Excavation
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.
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 (MLW) 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].

V"
Atlantic Blue Properties, LLC
ADDITIONAL CONDITIONS
Maintenance Clause
Permit #132-96
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
tC'q` A copy of the ongmal pemnt plah(s) with cross hatchmg mdicatirig the;area to be ms
jlTL �.4s-rt x}„s>r e Via: 4} t' lam tit st » ss!- 1,rtrrtr.iffi hd. is i
�xrr`,-� 3 and the,area to be used for�dredge spoil,,and the estimated amountsof material to,ber
F ..d fd x , a ...,.<.. ..: v.r_ r,-. . ,,.a v.o-• .r
D. The date of blan revision acid the permittee s signature shown -anew on the original pl
Bulkheading 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.

Atlantic Slue 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 4
the scope of die easement. ,Permanent buildings shall no be constructed with the easement
waters at or adjacent to the authorized work. Use of the permitted activity sl
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.

Permit Class
TRANSFER
Permit Number
132-96
STATE OF NORTH CAROLINA
Department of Environment and Natural Resources
and
Coastal Resources Commission
Prinit
for
X Major Development in an Area of Environmental Concern
pursuant to NCGS 113A-118
to
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 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.
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, 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.
Charfes S. Jones, Director
Division of Coastal Management
This permit and its conditions are hereby accepted.
Signature of Permittee

Atlantic Blue Properties, LLC Permit #132-96
Page 2 of 4
ADDITIONAL CONDITIONS
Maintenance Excavation
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.
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 (MLW) 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
12)
13)
Permit #132-96
Page 3 of 4
ADDITIONAL CONDITIONS
Maintenance Clause
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 cl
LQ
Bulkheading and Backfilling
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.

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
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.

Permit Class
TRANSFER
STATE OF NORTH CAROLINA
Department of Environment and Natuial Resources
and
Coastal Resources Commission
ft
for
X Major Development in an Area of Environmental Concern
pursuant to NCGS 113A-118
Permit Number
132-96
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.
'-E�
Charfe S. Jones, Director
Division of Coastal Management
This permit and its conditions are hereby accepted.
Signature of Permittee

........._uo-
Atlantic Blue Properties, LLC
2)
3)
5)
Permit #132-96
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.
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 (MLW) 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
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
anew on the original plan.
Bulkheading and Backfilling
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.

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 scone of the easement. `Permanent buildings shall' no. be,consfructed,with_the easement.
waters "at or adjacent to eau orrze work: Use of th6p'drrriitt&dactivity shall not interferewith 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.

Permit Class Permit Number
TRANSFER 132-96
STATE OF NORTH CAROLINA
Department of Environment and Natural Resources
and
Coastal Resources Commission
ermtt
for
X Major Development in an Area of Environmental Concern
pursuant to NCGS 113A-118
X Excavation and/or .illmg pursuant to NCGS 113 -229
j
" t'�
.. !.�
f " it .. � — . .c ''I .;.. S.yl,•�f 4 _ hvy t
:!_
:. ,`
Isstied to
.. . �% ,�m`-ia
Atlantic Blue Properties, LLC,15209 McComb Manor Court, Charlotte. NC. 28277
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

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� tempoiary placemenhor double handlmMof excavated:or fill materials m wtthwaters°or vege
-+r e +. r�r .r .0 r •. < -pK 'iau- ar U.�r
r x'; %? hr � • p..-.:i:w rtza: +r iP 5 v 1 ..v r -t' � � KY"' - i 'a. '.,�✓ { � x Sri �' n ��j. 5
,. �,.awetlandsrsnot,authonzed m�: �_. �:;:+•a?,;r;=�r ��;,�...�.��,. �,... .yam � � n . '
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 (MLW) 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
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.
t - -�C A copy of the oftginal pemutplan(s) wtith chin cross hatg indicating the area to be mainf
�.t: ..1, and the area io be use$'for dredMge_sporl, a and the estimated mount,of matenal to be rein
D. The date of plan revision and the permittee's signature shown anew on the original plan.
Bulkheading and Backfilling
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.
3

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 scone 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 sl
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.

Vw ll�;
Permit Class
TRANSFER
Permit Number
132-96
STATE OF NORTH CAROLINA
Department of Environment and Natural Resources
and
Coastal Resources Commission
ermtt
for
X Major Development in an Area of Environmental Concern
pursuant to NCGS 113A-118
to
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.
T� Charles S. Jones, Director
Division of Coastal Management
This permit and its conditions are hereby accepted.
Signature of Permittee

Atlantic Blue Properties, LLC Permit #132-96
Page 2 of 4
ADDITIONAL CONDITIONS
Maintenance Excavation
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. ='
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 (MLW) 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
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
y A , coAnthaiwihachinind caking the pasea to be mamta�nedC pawz
;arid the area to be uk8'fo ,dredge spoil; and the estimated amount,of utatenal o 6e removed ;
D. The date of plan revision and the perinittee's'signature shown anew on the original plan.
Bulkheading and Backfilling
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.

-*7-
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
waters at or adjacent to the authorized work. Use of the permitted activity sl
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.
I

NC®ENR
North Carolina Department of Environment and Natural Resources
Division of Coastal Management
Michael F. Easley, Governor Charles S. Jones, Director William G. Ross Jr., Secretary
September 27, 2005
Atlantic Blue Properties, LLC
15209 McComb Manor Court
Charlotte, NC 28277
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. Please sign both the original (buff -
colored form) and the 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, 14C 27611-6714, [phone] within twenty
(20) days of this decision on your permit. You should also be aware that if another qualified party submits a valid
objection to the issuance of this permit within twenty (20) days, the matter must be resolved prior to work initiation.
The Coastal Resources Commission makes the final decision on any appeal.
The project plan is subject to those conditions appearing on the permit form. Otherwise, all work must be
carried out in accordance with your application. Modifications, time extensions, and future maintenance require
additional approval. Please read your permit carefully prior to starting work and review all project plans, as
approved. If you are having the work done by a contractor, it is to your benefit to be sure that he fully understands
all permit requirements.
From time to time, Department personnel will visit the project site. To facilitate this review, we request that
you complete and mail the enclosed Notice Card just prior to work initiation. However, if questions arise
concerning permit conditions, environmental safeguards, or problem areas, you may contact Department personnel
at any time for assistance. By working in accordance with the permit, you will be helping to protect our vitally
important coastal resources.
Enclosure
Sincerely,
Lr /. rt
Douglas V. Huggett
Major Permits and Consistency Manager
400 Commerce Avenue, Morehead City, NC 28557
Phone: [phone] FAX: [phone] Internet: www.nccoastalmanagement.net
An Equal Opportunity 1 Affirmative Action Employer — 50% Recycled 110% Post Consumer Paper

Permit #
DCM Coordinator: ( J
MAIILING/n� IDISTRIBUTION:
Permitee: �VI7 2 �IUG o kk Lu,) IS y ocl 111c(,oA /' oloor 6vi t, CIVr I jk , #L, U2,71
Agent:
DCM Field Offices:
US Army CUr—p—scif I
Washington:
eers (USACE):
Mike Bell (NCDOT)
Bill Biddlecome (NCDOT)
Raleigh Bland
ilm ngton: Dave Tim (NCD T)
Henry Wick
Others:
Cultural Resources:
Environmental Health:
Marine Fisheries:
NCDOT:
Shellfish Sanitation:
State Property Office:
Water Quality:
Water Resources:
Wildlife Resources:
LPO:
Renee Gledhill -Early
Terry Pierce
Mike Street
Ken Pace
Patty Fowler
Joseph Henderson
Cymdi Karoly (for non -DOT)
John Hennessy (NCDOT)
John Sutherland
Maria Tripp
Bennett Wynne
David Cox (NCDOT)
Travis Wilson (NCDOT)
FAXING DISTRIBUTION:
Permitee at
Agent at
DCM Field Offices:
Elizabeth City(252/264-3723)
Morehead City(252/247-3330)
Washington (252/948-0478)
Wilmington (910/350-2004)
US Army Corps of Engineers (USACE):
Washington: Mike Bell (NCDOT)
Bill Biddlecome (NCDOT)
Raleigh Bland (252/975-1399)
Wilmington: Dave Timpy (NCDOT)
Henry Wicker (910/251-4025)
CANU Major Permit Process Manual Page 70 of 70

NCDENR
North Carolina Department of Environment and Natural Resources
Division of Coastal Management
Michael F. Easley, Governor James H. Gregson, Director William G. Ross Jr., Secretary
February 14, 2008 !!8
ly�Atlantic Blue Properties, LLC D
Arm.: Gordon Friedrich 2008
9323 Penshurst Trace
Charlotte, N.C.28210 Morehead City DCM
Dear Mr. Friedrich:
This is with reference to the request submitted by your agent, Jason Hales with ESP Associates, P.A. for Atlantic
Blue Properties, LLC, to modify State Permit No. 132-96. Sate Permit No 132-96 was originally issued on 9/19/96
for maintenance excavation of existing basin and access channel and was transferred on 9/27/05. State Permit No.
132-96 is due to expire on 12/31/09.
The action proposed in your submittal consists of a one-time re -designation of the disposal area for the material
excavated for the approved basin and channel. The new disposal site would be located directly across the AIW W
from the project site, which is owned by Ralph and Caroline Baldwin. The property is located outside the U.S.
Army Corps of Engineers right-of-way. Dimensions of the area for the disposal site would be 228' in length by
190' in width (43,320 sq. ft.), which the agent states would be of sufficient size to handle the authorized
approximately 4,000 cubic yards of excavated material to be removed for this project. You have recently submitted
a letter of permission from the property owner to allow for the placement of the excavated material onto their
property.
Upon review of the proposed plat submittal, the Division of Coastal Management has determined that the proposed
action is consistent with existing State rules and regulations and is in keeping with the original purpose and intent
of the permit. I hereby submit this Letter of Refinement authorizing the modification of State Permit #132-96, as
described in your transmittal letter and plans dated 11/6/07, which was received in our office on 11/6/07 and
2/13/08.
Sincerely,
Steven H.Everhart, Ph.D.
Wilmington District Manager, DCM
cc: Doug Huggett, DCM
Dave Timpy, ACOE
Wilmington Files
127 Cardinal Drive Extension, Wilmington, North Carolina 28405-3845
Phone: [phone]\Fax: [phone] \ Internet: http://www.coastalmanagement.net
An Equal Opportunity \Affirmative Action Employer - 50% Recycled \10% Post Consumer Paper

ESP
ESP Associates, P.A.
Robb Mairs
NCDENR- DCM - Wilmington
127 Cardinal Drive Extension
Wilmington, NC 28405
November 6, 2007
RE: Oak Winds Marina Maintenance Dredging, CAMA permit 132-96
Dear Mr. Mairs;
On behalf of Atlantic Blue Properties, LLC, I am notifying the Division of Coastal
Management of the planned maintenance dredging at Oak Winds Manna. The
maintenance dredging is planned to begin in the next two weeks and will encompass the
area shown in green on Figure 1. The dredged material will be deposited on the area in
red on the spoil island shown in Figure 2. No dimensional changes are planned with the
maintenance dredging. Atlantic Blue Properties, LLC's CAMA permit has a
maintenance clause allowing for dredging through out the entire manna. Attached is a
copy of the original permit plan with the area to be dredged during this maintenance
event. There is an estimated 4,000 cubic yard of material that will be removed. Please
let us know if we can provide anything further.
Sincerely,
ESP Associates, P.A.
Jason Hales
Staff Scientist
RECEIVED
DCM WILMNr,TQN, NC
NOV 0 6 2007
211 Racine Drive Wilmington, NC 28403
910.313.6648 fax [phone]
w .espassociates.com

i,oraon rneanan
7045422756 p.2
11/06/2007 14:36 9103136823
(dill E.oGERRl -Y11w-a
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ESP ASSOCIATES PAGE 02
OAK ovnS NRFI N n
MRtNT£NPrdr-.E 17QE ULIIZG
ChBULcI,.. Ol 'N PRE>0. A39. 2'D,aCO �. Vd4,
i
<4- 2;50-
IRCI011V 11`dl� l\g\IIII Ilfl���fffl JJJ' JAN 0.2 1996
DIVISION OF
%',X&ASTAL MANAGEMENT
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IT D8K1�
ITS,
RECEIVED
DCM WILMINGTON, NC
NOV 0 6

Bart Edge
Gordon Friedrich
Atlantic Blue Properties, LLC
2127 Clemmons Way
Wilmington, NC 28411
Dear Bart,
We hereby authorize and permit Atlantic Blue Properties to discharge marina spoils onto
our property located along the Atlantic Intracoastal Waterway, more specifically NHC
Parcel ID R05200-003-007-000 which is associated with their dredging project governed
by CAMA Permit Number 132-96.
Agreed to on this day: / //r
Ralph and Caroline Baldwin
2519 Middle Sound Loop Road
Wilmington, NC 28411
RECEIVED
DCM WILMINGTON, NC
FEB 1 3 2008

�`
r

A
��'
I
Legend
Site
Parcel Boundary
- Proposed Spoil Island
Proposed Dredge Area
4)FSP
ESPAssockiks, P 4.
2120.E Cat Yal DriFe
Wfarh"x, NC 28405
PH: 910313be46 F=: 9103131
Client
Atlantic Blue Properties, LLC
15209 McComb Manor Court
Charlotte, N.C.28277
Project
Oak Winds Marina
New Hanover Comty, North Carolina
Title
CAMA Spoil Island
Location Map
RECEIVED
DCM WILMINGTON, NC
NOV 0 6 20g77_I r
0 155 310 620 930 4 1,
LG Date:10/10120C
iF
Scale: 1:700
No: VH29.700
FIGURE

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i
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14
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Legend
Site
Parcel Boundary
Proposed Dredge Area
ESP
ESPAssockdes, P.A.
2MB CipYal Drse
W2xdKba, NC 284ff
PH: 910313A646 F=: 910313AB23
www.esmssack&s.com
Client
Atlantic Blue Properties, LLC
15209 McComb Manor Court
Charlotte, N.C.28277
Project
Oak Winds Marina
Till
Proposed
Dredge Area Map
i-ECEIVED
DCM WILMINGTON, NC
NOV 0 6 2007 N
N'+E
S
t 012.525 50 75 100
Feet
Drawn By: NLG Date:1011 U'200
CRd By: scale: 1:700
ESP Project No: VI-129.700
FIGURE
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