132-96 Oak Winds Marina

f ° �°p,ip.ppieprep,n
Permit Class `
NEW
STATE(
Department of En3ii
X Major Devi
pursuant to
X Excavation and/or
Resources
Concern
.vPlR_\n
QUAM n
}iursuaztt to NCGS 113-229
Issued to (yak Winds Marina, c/o Charles Thacker, 21212 Senlac Lnne,_CarnelinS, NC 28031
Permit Number
132-96
Middle Sound Rd. , as requested in the permittee's application dated2/1 /96 incl. att. worlrnlan drawings-
7 dated 3/20/96, 2 dated 5/29/96 & 2 for spoil area dated 5/10/96.
This permit, issued on t� — VZ\ _ io 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 a fine, imprisonment or civil action; or may cause the permit to be null and void.
Maintenance Excavation
1) a) In order to protect juvenile shrimp and finfish populations, no excavation or filling will
be permitted between April 1 and September 30 of any year without the prior approval of
the Division of Coastal Management, in consultation with the Division of Marine
Fisheries.
b) Prior to excavation, a turbidity curtain will 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 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 Departmental approval.
Ali work must cease when the permit expires on
December 31.1999
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 DEHNR and the
Chairman of the Coastal Resources Commission.
Aiiii—Roger N. Schecter, Director
'Division of Coastal Management
This permit and its conditions are hereby accepted.
Signature of Permittee

_Y. +..
Oak Winds Marina , -Permit #132-96
Page 2 of 4
of
ADDITIONAL CONDITIONS
2) Excavation in the western end of the basin shall not exceed -5' mean low water, and grade to -6'
at the conflux of the access channel, and -T to -8' through the channel to the mouth.
3) No marsh grass will be excavated and/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 will 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 will be confined landward of the mean high water (MHW) elevation
contour and any 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 will be positioned
at or greater than 50 feet from any part of the dike and a maximum distance from spillways to
prevent dike erosion and to allow adequate settlement of suspended solids.
8) A water control structure will 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 will 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 will be conducted in such a manner as to prevent a significant increase in turbidity
outside the area of construction or construction -related discharge. Increases such that the
turbidity in the water body is 25 NTUs or less in all saltwater classes are not considered
significant.
11) a) The dedicated spoil area must be enlarged or relocated so as to accommodate two to three
times the amount of material to be removed hydraulically from this basin. The
satisfaction of this condition must be approved by the Division prior to the onset of
dredging.
b) Spoil area effluent must be discharged to an area temporarily closed to shellfish harvest
by the Shellfish Sanitation Branch of the Division of Environmental Health. Telephone:
919/726-7021.

Oak Winds Marina
ADDITIONAL CONDITIONS
Bulkheading and Backfill
Permit #132-96
Page 3 of 4 "
12) The bulkhead will not extend waterward more than 8 feet from the mean high water line at any
point along its alignment at the time of construction.
13) The bulkhead must be constructed prior to any backfilling activities.
14) The bulkhead must be structurally tight so as to prevent seepage of backfill materials through the
structure.
15) The fill material will be clean and free of any pollutants, except in trace quantities. Metal
products, organic materials, or unsightly debris will not be used.
16) All backfill materials will be obtained from a high ground source and confined landward of the
permitted bulkhead.
Dock Construction
17) a) The shore parallel boardwalks must be repositioned so as not to extend beyond the mean
high water line.
b) The docks in the upper basins must be pulled back 5' - 8' to enhance navigation in these
narrow channels.
18) The pilings supporting the roof over Section B of the marina must be relocated 5' landward of the
existing alignment.
Marina Operation
19) Prior to occupancy of any newly constructed docks at Oak Winds Marina, a pumpout facility will
be installed and maintained for the life of the project to service boats with holding tanks.
20) The marina will display a sign showing the location of the onsite 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 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 structure.

Oak Winds Marina/Charles Thacker Permit 9132-96
Page 4 of 4
ADDITIONAL CONDITIONS
22) The permittee's scheme of development, of which the authorized work is a 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 will be required to remove such
structures and improvements at his own expense in the event that, in the judgement 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 will not be constructed
within the easement.
23) No attempt will be made by the permittee to prevent the full and free use by the public of all
navigable waters at or adjacent to the authorized work. Use of the permitted activity must not
interfere with the public's right to free navigation on all navigable waters of the United States.
24) The permittee will maintain the authorized work in good condition and in conformance with the
terms and conditions of the permit. The permittee is not relieved of this requirement if he
abandons the permitted activity without having the permit transferred to a third parry.
NOTE: The Division of Water Quality authorized this project on August 27 under General Water
Quality Certification No. 3025.
NOTE: The U. S. Army Corps of Engineers has assigned Action ID No. 199603725 to this
project.
NOTE: The New Hanover County Engineering Department must approve a Sedimentation and
Erosion Control Plan for this project.

Permit Class r
NEW
o,oHo�oMowoa�
STATE C
Department of Env"a
X Major Devi
pursuant to
X Excavation and/or
PemutNumber
9Vt YI X
] F -S
Q�R?;Ii AROLINA
; f
;ttt'Hea1t11i4c Natural Resources
f
° and>s ' 'A
iurces Commissron
y
'tWAt
4
u
I Concern
to NCGS 113-229
authorizingIssued to Oak Winds Marina, c/o Charles Thacker, 21212 Se TIS9 NC 2RO31
•pn New ..r•ver — County at Middle • n• •.. Winds u..n. .
Middle Sound Rd. , as requested in the permittee's application dated2/1 /96 incl. aft- workplan drawings-
7 dated 3/20/96, 2 dated 5/29/96 & 2 for spoil area dated 5110196.
This permit, issued on 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 a fine, imprisonment or civil action; or may cause the permit to be null and void.
Maintenance Excavation
1) a) In order to protect juvenile shrimp and finftsh populations, no excavation or filling will
be permitted between April 1 and September 30 of any year without the prior approval of
the Division of Coastal Management, in consultation with the Division of Marine
Fisheries.
b) Prior to excavation, a turbidity curtain will 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 pemrittee 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 Departmental approval.
All work must cease when the permit expires on
December 31,1999
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 DEHNR and the
Chairman of the Coastal Resources Commission. -
Arv—Roger N. Schectei, Director
'Division of Coastal Management
This permit and its conditions are hereby accepted.
Signature of Permittee

.71
Oak Winds Marina , Permit #132-96
Page 2 of 4
ADDITIONAL CONDITIONS
2) Excavation in the western end of the basin shall not exceed -5' mean low water, and grade to -6'
at the conflux of the access channel, and -T to -8' through the channel to the mouth.
3) No marsh grass will be excavated and/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 will 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 will be confined landward of the mean high water (MHW) elevation
contour and any 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 will be positioned
at or greater than 50 feet from any part of the dike and a maximum distance from spillways to
prevent dike erosion and to allow adequate settlement of suspended solids.
8) A water control structure will 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 will be confined by pipe, trough, or similar device to a point
at or below the mean low water (M W) elevation contour to prevent gully erosion and siltation.
10) The activity will be conducted in such a manner as to prevent a significant increase in turbidity
outside the area of construction or construction -related discharge. Increases such that the
turbidity in the water body is 25 NTUs or less in all saltwater classes are not considered
significant.
11) a) 'The dedicated spoil area must be enlarged or relocated so as to accommodate two to three
times the amount of material to be removed hydraulically from this basin. The
satisfaction of this condition must be approved by the Division prior to the onset of
dredging.
b) Spoil area effluent must be discharged to an area temporarily closed to shellfish harvest
by the Shellfish Sanitation Branch of the Division of Environmental Health. Telephone:
919/726-7021.

Oak Winds Marina Permit #132-96 .
Page 3 of 4 "
ADDITIONAL CONDITIONS
Bulkheading and Backfill
12) The bulkhead will not extend waterward more than 8 feet from the mean high water line at any
point along its alignment at the time of construction.
13) The bulkhead must be constructed prior to any backfilling activities.
14) The bulkhead must be structurally tight so as to prevent seepage of backfill materials through the
structure.
15) The fill material will be clean and free of any pollutants, except in trace quantities. Metal
products, organic materials, or unsightly debris will not be used.
16) All backfill materials will be obtained from a high ground source and confined landward of the
permitted bulkhead.
Dock Construction
17) a) The shore parallel boardwalks must be repositioned so as not to extend beyond the mean
high water line.
b) The docks in the upper basins must be pulled back 5' - 8' to enhance navigation in these
narrow channels.
18) The pilings supporting the roof over Section B of the marina must be relocated 5' landward of the
existing alignment.
Marina Operation
19) Prior to occupancy of any newly constructed docks at Oak Winds Marina, a pumpout facility will
be installed and maintained for the life of the project to service boats with holding tanks.
20) The marina will display a sign showing the location of the onsite 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 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 structure.

Oak Winds Marina/Charles Thacker
ADDITIONAL CONDITIONS
Permit #132-96
Page 4 of 4
22) The permittee's scheme of development, of which the authorized work is a 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 (AIW W). Accordingly, the permittee will be required to remove such
structures and improvements at his own expense in the event that, in the judgement 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 will not be constructed
within the easement.
23) No attempt will be made by the permittee to prevent the full and free use by the public of all
navigable waters at or adjacent to the authorized work. Use of the permitted activity must not
interfere with the public's right to free navigation on all navigable waters of the United States.
24) The permittee will maintain the authorized work in good condition and in conformance with the
terms and conditions of the permit. The permittee is not relieved of this requirement if he
abandons the permitted activity without having the permit transferred to a third party.
NOTE: The Division of Water Quality authorized this project on August 27 under General Water
Quality Certification No. 3025.
NOTE: The U. S. Army Corps of Engineers has assigned Action ID No. 199603725 to this
project.
NOTE: The New Hanover County Engineering Department must approve a Sedimentation and
Erosion Control Plan for this project.

DEPARTMENT OF THE ARMY
WILMINGTON DISTRICT, CORPS OF ENGINEERS
P.O. BOX 1890
WILMINGTON, NORTH CAROLINA 28402-1890
NEPLym
ATTENTION OF
October 15, 1996
Regulatory Branch
Action ID No. 199603725 and State Permit No. 132-96
Oak Winds Marina
ATTN: Mr. Charles Thacker
21212 Senlac Lane
Davidson, North Carolina 28036
Dear Mr. Thacker:
Reference your application for a Department of the Army permit to
renovate and expand an existing commercial marina, involving maintenance
dredging of approximately 137,000 square feet and filling of 1,127 square feet
of shallow water bottom for the construction and reconfiguration of bulkheads
and piers, off of Middle Sound, at 2127 Middle Sound Loop Road, in Ogden, New
Hanover County, North Carolina.
Your proposal has been reviewed and found to be consistent with the
provisions and objectives of general permit No. 198000291. Therefore, you may
commence construction activity in strict accordance with applicable State
authorization and the enclosed plan. Failure to comply with the State
authorization or conditions of the general permit could result in civil and/or
administrative penalties.
If any change in your work is required because of unforeseen or altered
conditions or for any other reason, plans revised to show the change must be
sent promptly to this office and the North Carolina Division of Coastal
Management prior to performing any such change or alteration. Such action is
necessary as revised plans must be reviewed and the authorization modified.
Questions or comments may be addressed to Mr. Jeff Richter, Wilmington
Field Office, Regulatory Branch, telephone [phone].
Sincerely,
G. Wayne Wright
Chief, Regulatory Branch
Enclosure
rEc�NEO �`
orn 221996
tl,".F)! 6�Fai�NT

Copies Furnished with enclosure:
Chief, Source Data Unit
NOAA/National Ocean -Service
Attn: Sharon Tear N/CS261
1315 East-West Hwy., RM 7316
Silver Spring, Maryland 20910-3282
Mr. John Dorney
Division of Water Quality
North Carolina Department of
Environment, Health and
Natural Resources
4401 Reedy Creek Road
Raleigh, North Carolina 27607
Mr. Thomas Welborn, Chief
Wetlands Regulatory Section - Region IV
Water Management Division
U.S. Environmental Protection Agency
Atlanta Federal Center
100 Alabama Street, SW
Atlanta, Georgia 30303
Mr. John Parker
vision of Coastal Management
orth Carolina Department of
Environment, Health and
Natural Resources
Post Office Box 27687
Raleigh, North Carolina 27611-7687
Mr. John Hefner
U.S. Fish and Wildlife service
Fish and Wildlife Enhancement
Post Office Box 33726
Raleigh, North Carolina 27636-3726
Mr. Larry Hardy
National Marine
Pivers Island
Beaufort, North
Fisheries Service
Carolina 28516
Mr. Bob Stroud, District Manager
Wilmington Regional Office
North Carolina Division of
Coastal Management
127 Cardinal Drive Extension
Wilmington, North Carolina 28405-3845

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State of North Carolina
Department of Environment,
,Health and Natural Resources 11•6
Division of Coastal Management _
James B. Hunt, Jr., Governor r� �A�
Jonathan B. Howes, Secretary E:) E H N FR
Roger N. Schecter, Director
September20, 1996
Oak Winds Marina
c/o Charles Thacker
21212 Senlac Lane
Cornelius, NC 28031
Dear Sir
The enclosed permit constitutes authorization under the Coastal Area Management Act, and where applicable,
the State Dredge and Fill Law, for you to proceed with your project proposal. The original (buff -colored form) is
retained by you and it must be available on site when the project is inspected for compliance. Please sign both the
original and the copy and return the copy to this office in the enclosed envelope. Signing the permit and proceeding
means you have waived your right of appeal described below.
If you object to the permit or any of the conditions, you may request a hearing pursuant to NCGS 113A-121.1
or 113-229. Your petition for a hearing must be filed in accordance with NCGS Chapter 150B with the Office of
Administrative Hearings, P.O. Drawer 11666, Raleigh, NC 27611, [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 would be to your benefit to be sure that he fully understands all
permit requirements.
From time to time, Department personnel will visit the project site. To facilitate this review, we request that
you complete and mail the enclosed Notice Card just prior to work initiation. However, if questions arise concerning
permit conditions, environmental safeguards, or problem areas, you may contact Department personnel at any time for
assistance. By working in accordance with the permit, you will be helping to protect our vitally important coastal
resources.
4Veryerely,
arker, Jr.
Major Permits Processing Coordinator
JRP:jr/amw
Enclosure
P.O. Box 27687, FAX [phone]
Raleigh, North Carolina 27611-7687 Niq - CAn Equal Opportunity/Affirmative Action Employer
Voice 919-733-2293 50% recycled/l0% post -consumer paper

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State of North Carolina
Department of Environment,
Health and Natural Resources 4 NAA
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Division of Coastal Management a
James B. Hunt, Jr., Governor rr � L
Jonathan B. Howes, Secretary [D E H N F1
Roger N. Schecter, Director
DIVISION OF COASTAL MANAGEMENT/MAJOR PERMITS PROCESSING UNIT
FACSIMILE
TO: l ec - �tl
OFFICE:
FAX #: '-1 O `t ci Ac b
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(including cover sheet)
COMMENTS:
P.O. Box 27687, Raleigh, North Carolina 27611-7687 Telephone [phone] FAX [phone]
An Equal opportunity Affirmative Action Employer 50%recycled/ 10%post-consumer paper

DIVISION OF COASTAL MANAGEMENT
APPLICATION TRANSMITTAL/PROCESSING RECORD
A) APPLICANT: Charles Thacker COUNTY: New Hanover
LOCATION OF PROJECT: Adj to the Oak Winds Marina in Middle Sound between Pages Creek
and Howe Creek in New Hanover County, Wilmington, NC, at 2127 Middle Sound Loop Rd.
DATE APPLICATION RECEIVED COMPLETE BY FIELD: 06/12/96
FIELD RECOMMENDATION: Attached - Yes To Be Forwarded - No
CONSISTENCY DETERMINATION: Attached - N/A To Be Forwarded - N/A
FIELD REPRESENTATIVE: Tere Barrett DI CE: Wilmington
DISTRICT MANAGER REVIEW:
'�► ��i
B) DATE APPLICATION RECEIVED � IN dUNry14��9NT� REC'D: $ a SO'
PUBLIC NOTICE REC'D: OF NOTICE co
ADJ. RIP. PROP NOTICES REC'D:
APPLICATION ASSIGNED TO: p� �y ON:
C) 75 DAY DEADLINE: 2 - z6 - 3/ 150 DAY DEADLINE:
MAIL OUT DATE: - b STATE DUE DATE: — _
FEDERAL DUE DATE: - FED. COMMENTS REC'D: /1.2 -�
PERMIT FINAL ACTION: ISSUE DENY DRAFT ON
AGENCY
DATE COMMENTS
RETURNED
OBJECTIONS
YES NO
NOTES
Coastal Management Dist. Office
Div.
of Community Assistance
Land
Quality Section
' 1.v.
of Env. Management
State
Property Office
+ /-
Div.
of Archives & History
Div.
of Env. Health
Div.
of Highways
_
Wildlife Resources CommissionAz
r
Div.
of Water Resources
0
S J
i
Div.
of Marine Fisheries
�/
_

Recommendations for State Permit - Charles Thacker
The bulkhead proposed for Section A is requested at 6' to 8' from mean high water. The applicant is
attempting to connect to the bulkhead to the east. If he angles the wall back toward mean high water
on the west, the floating docks will protrude into the adjacent riparian corridor. Although this problem
could be overcome with redesign of the docking system, the impacts are not enough to preclude this
design. The bottom in this area was excavated from high ground, and has been maintained through the
years, therefore productivity is minimal.
While the fixed docks are to be enlarged with the placement of floating docks, the size of the slips does
not change the closure area. The closure area is based on the number of vessels, which will increase
by 1 for this project. This increase should not effect the closure area.
The Public Trust incorporation for this project will be reduced by 576 square feet. The 5' wide docks
parallel to the shoreline in Sections A and B, and the 8' wide dock in Section C overhang the water and
are not water dependent. While this is within the footprint of the existing marina, this design causes
the entire system to extend further waterward than necessary, hindering navigation. The existing docks
extend greater than 1/3 the distance across the body of water. The new proposal will not extend beyond
that existing, and will reduce the distance within Section C. Some flexibility of the Public Trust rules
needs to be given based on the fact that the basin is created from high ground. However, T15A: 07J
.0211 (4) states that for replacement of non -conforming uses, "the structure will be rebuilt so as to
comply with the rules to the maximum extent possible." Relocation of the parallel "boardwalks" over
the high ground will not change their function, and will relax navigation in this very tight basin by
pulling the floating docks 5' to 8' landward.
The section of the spoil island dedicated for use for this project is not large enough to accommodate the
spoil from this project. There may be room on this same island to increase the size of the spoil area
to retain at least 40,000 cubic yards of hydraulically dredged material. The other option would be to
increase the height of the dike walls.
Based on the rules stated above, any new permit issued at this facility needs to include the requirement
for a marina pumpout facility.
I recommend the project be approved based on the following conditions:
1�
1) The shore parallel boardwalks must be repositioned so as not to extend beyond the mean high
water line.
t1
2) The dedicated spoil area must be enlarged or relocated so as to accommodate two to three times
the amount of material to be removed hydraulically from this basin. The satisfaction of this
condition must be approved by the Division prior to the onset of dredging.
2 3) Excavation in the western end of the basin shall not exceed -5' mean low water, and grade to -
6' at the conflux of the access channel, and -7' to -8' through the channel to the mouth.
ems.4� Prior to occupancy of any new slips authorized under this permit, a marina pumpout sewage
disposal facility will be installed and operable, and, maintained for the life of the marina.
5)2U The marina will display a sign showing the location of the onsite pumpout facility, including
other appropriate waste disposal information, at the entrance and exit from the main pier(s).

Recommendations for State Permit - Charles Thacker continued
6) No sewage, whether treated or untreated, shall be discharged at any time from boats using the
marina. Any sewage discharge at the marina shall be considered a violation of this permit for
Iwhich the permittee is responsible. This prohibition shall be applied and enforced throughout
the, entire existence of the permitted structure.
7) In order to protect juvenile shrimp and finfish populations, no excavation or filling will be
permitted between April 1 and September 30 of any year without the prior approval of the
Division of Coastal Management, in consultation with the Division of Marine Fisheries.
1= Excavation will not exceed 8 feet below the tnean low water levels
Z 9) The bulkhead will not extend waterward more than 8 feet from the mean high water line at any
point along its alignment at the time of construction.
10) The bulkhead must be constructed prior to any backfilling activities.
�4 11) The bulkhead must be structurally tight so as to prevent seepage of backfill materials through
the structure.
12 The fill material will be clean and free of any pollutants, except in trace quantities. Metal
products, organic materials, or unsightly debris will not be used.
C 313) No marsh grass will be excavated and/or filled.
L 414) The temporary placement or double -handling of excavated or fill materials within waters or
vegetated wetlands is not authorized.
S
15) No excavated or fill material will be placed at any time, in any marsh or surrounding waters,
outside of the alignment of the fill area indicated on the workplat(s).
16) All excavated materials will be confined above mean high water and landward of regularly or
irregularly flooded marsh behind adequate dikes or other retaining structures to prevent spill-
over of solids into any marsh or surrounding waters.
17) The disposal area effluent will be contained by pipe, trough, or similar device to a point at or
beyond the mean low water level to prevent gully erosion and unnecessary siltation.
18) The terminal end of the pipeline will be positioned at or greater than fifty feet (50') from any
part of the dike and a maximum distance from spillways to allow settlement of suspended solids.
19) A water control structure will be installed at the intake end of the effluent pipe to assure
compliance with water quality standards.

State of North Carolina
'be'klment of Environment,
Health and Natural Resources
Wilmington Regional Office
Division of Coastal Management
t
James B. Hunt, Jr., Governor
Jonathan B. Howes, Secretary
Roger N. Schecter, Director
MEMORANDUM:
TO:
FROM:
SUBJECT:
Applicant:
Project Location:
Proposed Project:
June 12, 1996
Zoe D. Bruner, District Planner
Division of Coastal Management
' FIFWA
",A
C)EHNR
John R. Parker
Major Permits Processing Coordinator
CAMA/DREDGE & FILL Permit Application Review
Charles Thacker
Adjacent to the Oak Winds Marina in Middle Sound, between Pages Creek and
Howe Creek in New Hanover County at 2127 Middle Sound Road, Wilmington
The renovation of an existing commercial marina, expanding it slightly with high
ground excavation. Maintenance excavation is proposed for the entire basin.
Please indicate below your office's position or viewpoint on the proposed project and return this form
by July 5, 1996. If you have any questions regarding the proposed project, please contact Tere Barrett
at 910/395-3900. When appropriate, in-depth comments with supporting data is requested.
REPLY: This office has no objection to the project as proposed.
This office has no comment on the proposed project.
This office approves of the project only if the recommended changes are
incorporated. See attached.
This office objects to the project for reasons described in the attached comments.
W'11pee`�.
�� , 1996
J
AIV�
SIGNED DATE �o
127 C din Drive Extension, Wilmington, N.C. 28405-3845 • Telephone [phone] • Fax [phone]
An Equal Opportunity Affirmative Action Employer

A��
E) FEE
MEMORANDUM
TO: John R. Parker, Major Permits Processing Coordinator
cc: Dexter Hayes, P Pate, CR Stroud, Jr., T Barrett
FROM: Zo6 D. Bruner, District Planner
SUBJECT: CAMA/DREDGE & FILL Permit Application Review
Charles Thacker, Oak Winds Marina -Middle Sound, NHC
DATE: July 3, 1996
This permit consistency opinion is based on my review of the Thacker permit application, the
Field Investigation Report (T.Barrett, 6/12/96), and my understanding and interpretation of the
policies presented in the Wilmington/New Hanover County Land Use Plan.
The applicant proposes the renovation of an existing commercial marina, expanding it slightly
with high ground excavation. Maintenance excavation is proposed for the entire basin. The
project is located on Middle Sound between Pages and Howe Creeks; the waters are SA-ORW,
closed to the taking of shellfish. The location and complete description of the project are in the
Field Investigation Report.
LAND USE CLASSIFICATION: Conservation
CLASSIFICATION DESCRIPTION:
The purpose of the Conservation class is to provide for effective long-term management and protection of significant,
limited or irreplaceable natural resources... Exceptions to this standard are limited to water -dependent uses (i.e., uses
that cannot function elsewhere), shared industrial access corridors, and those exceptional development proposals which
are sensitively designed so as'to effectively preserve the natural functions of the site. The following guidelines clarify
these Conservation area objectives:
1. Water dependent uses - may include: utility easements, docks, wharves, boat ramps, dredging, bridge and bridge
approaches, revetments, bulkheads, culverts, groins, navigational aids, moorings, pilings, navigational channels, simple
access channels and drainage ditches.
CONSISTENCY OPINION:
The Land Use plan supports projects which increase recreational and tourist
opportunities, especially environmentally sensitive marinas which improve boating access. At
the same time, the County and City wish to preserve and/or improve the water quality of the
area's creeks and sounds.
The marina in question is located adjacent to SA-ORW waters, the highest classification
in the state. It appears from the Field Investigation Report that, in spite of temporary turbidity,
the project will improve the water flow into the marina, remove a significant amount of shading
and stabilize shoreline areas -- measures which may improve water quality in the marina area.
The County has not passed regulations requiring pumpout facilities at renovated marinas
(see attached), however the Land Use Plan places considerable emphasis on water quality. Every
effort should be made to assure that no effluent is pumped into this sensitive area from boats or
land use. Also, runoff from the site and from boats should be as free as possible from
contaminants.
This project will be consistent with the Land Use Plan when comments of State review
agencies are considered and all recommended permit conditions are met.

Thacker Marina Renovation, Middle Sound
July 3, 1995
Page Two
RELATED POLICIES AND IMPLEMENTATION MEASURES:
1.1(4) SHORELINE EROSION CONTROL AND CHANNEL MAINTENANCE PROJECTS SHALL BE
SUPPORTED ONLY WHERE:
a. No significant adverse impacts will occur on shoreline dynamics;
b. Significant economic or recreational benefits will occur for planning area residents; and
c. The public shoreline will be the primary beneficiary in erosion control projects.
1.1(8) THE CITY AND COUNTY SHALL SEEK TO PRESERVE AND RESTORE SHELLFISHING IN ALL SA
WATERS AND TO BRING ALL COASTAL WATERS DESIGNATED OR FORMERLY DESIGNATED SA TO THE
HIGHEST QUALITY POSSIBLE.
1.1(10) COLLECTION SYSTEMS THAT DIRECTLY DISCHARGE STORMWATER TO SURFACE WATERS
WILL BE ELIMINATED WHENEVER POSSIBLE AS PART OF ANY REDEVELOPMENT PROJECT.
1.2 PROTECTION OF CAMA-DEFINED AREAS OF ENVIRONMENTAL
CONCERN
1.2(1) ESTUARINE WATERS, ESTUARINE SHORELINES AND PUBLIC TRUST AREAS SHALL BE
PROHIBITED FROM USE BY DEVELOPMENT ACTIVITY WHICH WOULD RESULT IN SIGNIFICANT
ADVERSE IMPACT TO THE NATURAL FUNCTION OF THESE AREAS.
1.2(3) DRAINAGE FROM LAND USE ACTIVITIES SHALL HAVE RATE OF FLOW AND VOLUME
CHARACTERISTICS AS NEAR TO NATURAL CONDITIONS AS REASONABLE.
1.2(6) THE DEVELOPMENT OF MARINAS SHALL BE SUPPORTED AS A MEANS OF PROVIDING PUBLIC
WATER ACCESS TO THE EXTENT THAT THEIR DEVELOPMENT SHALL NOT ADVERSELY IMPACT
ESTUARINE RESOURCES OR PUBLIC TRUST WATERS.
1.2(7) FLOATING HOME DEVELOPMENT SHALL BE PROHIBITED IN ORDER TO PROTECT OUR PUBLIC
TRUST AND ESTUARINE WATERS.
1.2(8) THE COUNTY AND CITY SHALL TAKE ALL NECESSARY ACTIONS TO PREVENT FURTHER
DETERIORATION OF ESTUARINE WATER QUALITY AND LOSS OF PUBLIC TRUST USES IN THE CREEKS
AND SOUNDS AND TO BRING ALL COASTAL WATERS UP TO THE HIGHEST QUALITY POSSIBLE.
1.2(9) THE CITY AND COUNTY SHALL ALLOW USES OF ESTUARINE AND PUBLIC TRUST WATERS THAT
PROVIDE BENEFITS TO THE PUBLIC AND WHICH SATISFY RIPARIAN ACCESS NEEDS OF PRIVATE
PROPERTY OWNERS.
1.2(10) THE CITY AND COUNTY SHALL SUPPORT STRICT ENFORCEMENT OF STATE REGULATIONS FOR
DREDGING IN PRIMARY NURSERY AREAS.
1.2(11) NO MOWING OR CLEARCUTTING OF COASTAL WETLAND VEGETATION SHALL BE ALLOWED
WITHIN ANY COASTAL WETLAND AEC EXCEPT WHERE SUPPORTED BY SOUND SCIENTIFIC AND
TECHNICAL KNOWLEDGE.
1.2(14) BULKHEAD CONSTRUCTION ALONG OUR MARSH WETLANDS SHALL COMPLY WITH ALLSTATE
AND FEDERAL REGULATIONS.
9. The marina policies of the state should be strictly enforced and should be modified as required to protect water
quality.
10. All coastal wetlands, estuarine waters, estuarine shorelines, and public trust waters shall be designated
Conservation on the Land Classification Map.
18. The City and County shall develop regulations requiring pumpout facilities at all new or reconstructed
marinas, and shall assist the owners of such facilities in locating appropriate and approved discharge sources
for such facilities.

State of North Carolina IT
Department of Environment, FKAA
Health and Natural Resources `.�
Division of Water Quality
James Hunt, Jr., Govemor
Jonathan a Howes, Secretary pEH N
A. Preston Howard, Jr., P.E., Director
August 27, 1996
New Hanover County
DWQ Project # 960567
COE# 199603725
APPROVAL of 401 Water Quality Certification and ADDITIONAL CONDITIONS
Mr. Charles Thacker
21212 Senlac Lane
Davidson, NC 28036
Dear Mr. Thacker.
You have our approval to dredge and fill 3.2 acres of waters for the purpose of renovation of an existing
commercial marina at Oak Winds Marina, as you described in your application dated 24 June 1996. After
reviewing your application, we have decided that this fill is covered by General Water Quality Certification
Number 3025.
This approval is only valid for the purpose and design that you described in your application except as
modified below. If you change your project, you must notify us and you may be required to send us a new
application. For this approval to be valid, you must follow the conditions listed in the attached certification
and any additional conditions listed below. Issuance of this certification is dependent on the N.C. Division of
Marine Fisheries issuing a temporary shellfish closure around the discharge. In addition, you should get any
other federal, state or local permits before you go ahead with your project including (but not limited to)
Sediment and Erosion Control, Coastal Stormwater, Non -Discharge and Water Supply Watershed regulations.
If you do not accept any of the conditions of this certification, you may ask for an adjudicatory hearing.
You must act within 60 days of the date that you receive this letter. To ask for a hearing, send a written
petition which conforms to Chapter 150B of the North Carolina General Statutes to the Office of
Administrative Hearings, P.O. Box 27447, Raleigh, N.C. 27611-7447. This certification and its conditions
are final and binding unless you ask for a hearing.
This letter completes the review of the Division of Water Quality under Section 401 of the Clean Water
Act If you have any questions, please telephone John Domey at 919-733-1786.
Attachment
cc: Wilmington District Corps of Engineers
Corps of Engineers Wilmington Feld Office
Wilmington DWQ Regional Office
Mr. John Domey
Central Files
John Parker: DCM
a� �iECEIVEO ,Y
�; SEP 121996 ►V
6s �.: iftL
�, MkiuAGEMEtIT
960567.1tr
Division of Water Quality • Environmental Sciences Branch
Environmental Sciences Branch, 4401 Reedy Creek Rd., Raleigh, NC 27607 Telephone [phone] FAX # [phone]
An Equal Opportunity Affirmative Action Employer • 50% recycled/10% post consumer paper

4-.A
State of North Carolina
Department of Environment,
Health and Natural Resources
Division of Coastal Management
James B. Hunt, Jr., Governor
Jonathan B. Howes, Secretary
Roger N. Schecter, Director
June 20, 1996
TO: W. Charles R. Fullwood, Jr., Director
Wildlife Resources Commission
Attn: Habitat Conservation Program
1101 9,111arg
SUBJECT:
John Parker, Jr.
Major Permits Processing Coordinator
MA41AA
IDEHNFR
CAMA/DREDGE & FILL Permit Application Review
�l�,cf z2��E0
CUr; rA� 996
AG-r"6 hT
APPLICANT: Charles Thacker
PROJECT LOCATION: Adj. To the Oak Winds Marina in Middle Sound, New Hanover Co.
PROPOSED PROJECT: To renovate an existing commercial marina, etc.
Please indicate below your agency's position or viewpoint on the proposed and return this form by duly
11, 1996. If you have any questions regarding the proposed project, please contact John Parker at 733-
2293. When appropriate, in-depth comments with supporting data are requested.
REPLY This agency has no objection to the project as proposed.
\ / This agency has no comment on the proposed project.
This agency approves of the project, only if the recommended changes are
incorporated. See attached.
This agency objects to the P49ect for reasons described in the attached comments.
Signed 1,,.r,. Date 7—/0-.2�4
P.O. Box 27687, w,FAX [phone]
Raleigh, North Carolina 27611-7687 N%q C
An Equal Opportunity/Affirmattve Action Employer
Voice 919-733-2293 50% recycled/ 10% post -consumer paper

11
Resources Commission
North Carolina 27611, 919-733-3391
Ind, Executive Director
MEMORANDUM
TO: John
Parker, Jr.
Major permits Processing
FROM: Bennett W /A
Habitat ynne O6j
DATE:
Conservation Program
July 10, 1996
SUBJECT: '41CAMA/Dred ' � s
Charles ge and Fill Permit Application for
Middle Thacker, adjacent to Oak Winds Marina on
Sound, New Hanover County, North Carolina.
Project Wildlife Resources Commission has reviewed the
site
for impacts to wildlife and fishery resources. A
visit was made on July 8, 1g96_ Our comments are
provided in accordance with provisions of the Fish and
Wildlife Coordination Act (48 Stat. 401, as amended; 16
U.S.C. 661 et, seg.) and the Coastal Area Management Act
(G S• 113A-100 through 113A-128).
The applicant proposes to renovate an existing 76 slip
commercial marina on Middle Sound. Renovation is to
hydraulic maintenance dredging, °f bulkheads include
hi and some g g' dock replacement, addition
ghground excavation highground excavation. Although the
Dre gewspoilewan increase lofxjustt land hslipcat1thesmarrin,,
ed
island in the be transported to a diked spoil disposal
existi AIWW. Area waters are classified SA-ORW. An
ng 400 ft, shellfish closure area around the facility
is hot ed on 100 slips, so an increase in the area of closure
anticipated.
Tubidi
quality ty associated with excavatio
COncedecline in a SA-ORW area is the
could rn for this project. Mortality of
occur,Particularly early life sta
n and resulting water
Primary impact of
estuarine organisms
ges. We also

question whether adequate waste pumpout facilities are
available for marina patrons. Based on these concerns, we
recommend the following conditions to permit issuance.
1. Avoid excavation between April 1 and September 30, a
peak period of biological activity.
2. Install a turbidity curtain at the mouth of the
marina basin during excavation.
3. Provide waste pumpout facilities for convenient use
by all marina patrons.
Thank you for the opportunity to comment on this
project. If you need to discuss these comments or need
additional assistance, please call me at [phone].
cc: William Wescott, WRC Coastal HabCon Coordinator
s:\boatfish\habcon\coast\d2 (thacker.doc)

State of North Carolina
Depa-tment of Environment,
1 Fleaith and Natural Resources
Wilmington Regional Office
Division of Coastal Management
James B. Hunt, Jr., Governor
Jonathan B. Howes, Secretary
Roger N. Schecter, Director
MEMORANDUM:
TO:
FROM:
SUBJECT:
Applicant:
Project Location:
June 12, 1996
Mr. Bruce Freeman, Director
Division of Marine Fisheries
IDFEE HNR
John R. Parker
Major Permits Processing Coordinator
CAMA/DREDGE & FILL Permit Application Review
Charles Thacker
io r���uv� D
.1UL i 0 1996
DMF-PUB. TRAUBLANDS
Adjacent to the Oak Winds Marina in Middle Sound, between Pages Creek and
Howe Creek in New Hanover County at 2127 Middle Sound Road, Wilmington
Proposed Project: The renovation of an existing commercial marina, expanding it slightly with high
ground excavation. Maintenance excavation is proposed for the entire basin.
Please indicate below your agency's position or viewpoint on the proposed project and return this form
by July 5, 1996. If you have any questions regarding the proposed project, please contact Tere Barrett
at extension 246. When appropriate, in-depth comments with supporting data is requested.
REPLY: This agency has no objection to the project as proposed.
�\ phis agency has no comment on the proposed project.
�J his agency approves of the project only if the recommended changes are
incorporated. See attached.
This agency objects to the project for reasons described in the attached comments.
SIGNED DATE —1—
127 Cardinal Drive Extension, Wilmington, N.C. 28405-3845 • Telephone [phone] • Fax [phone]
An Equal Opportunity Affirmative Action Employer

State of North Carolina
Department of Environment,
Health and Natural Resources
Division of Marine Fisheries
James B. Hunt, Jr., Governor
Jonathan B. Howes, Secretary
Bruce L. Freeman, Director
12 July 1996
MEMORANDUM
TO: John R. Parker, Jr.
DCM Major Permits Processing Coordinator
FROM: P.A. Wojciechowski
SUBJECT: CAMA/DREDGE & FILL Permit Application
Charles Thacker
/� ' V
I�EHNF�
Attached is the Division's reply for the above referenced project. If you have any
questions, please don't hesitate to contact me.
PAW/bc
y RE�vEO
JUG16`p996
NP E�ENt
P.O. Box 769, Morehead City, North Carolina 28557-0769 Telephone [phone] FAX [phone]
An Equal Opportunity Affirmative Action Employer 50% recycled/ 10% post -consumer paper

MEMORANDUM
July 8, 1996
TO: John Parker
FROM: Fritz Rohde
SUBJECT: Charles Thacker
The Division of Marine Fisheries has no objection to the
project as long as dredging is not done between 1 April and 30
August.

State of North Carolina
Department of Environment,
Health and Natural Resources
Division of Coastal Management
James B. Hunt, Jr., Governor
Jonathan B. Howes, Secretary
Roger N. Schecter, Director
June 20, 1996
10134 D 917,101111 Ojai
TO: P. A. "Ski" Wojciechowski
Division of Marine Fisheries
FROM: John Parker
1, •ram ,
E)E H NFR
uA R R 0 T � M
0241996
W-PUB. TRAUBLANDS
Major Permits Processing Coordinator
k!!
SUBJECT: CAMA/Dredge and Fill Permit Application Review APPLICANT: Charles Thacker
PROJECT LOCATION: Adj. To the Oak Winds Marina in Middle Sound, New Hanover Co.
PROPOSED PROJECT: Renovation of an existing commercial marina, etc.
Please indicate below your agency's position or findings on the proposed project as it relates
to matters of public trust. If you have any questions regarding the proposed project, contact John
Parker at 733-2293 or the DCM field representative for the project. This form should be used only
for tracking and intra-agency commenting.
REPLY There are no known public trust conflicts with the project location or design.
There appear to be public trust conflicts that require additional investigation.
Approximately _ days additional review time is needed.
remmended that changes be made to the project to reduce or eliminate
public trust conflicts, as discussed in the attached memo.
N,BRO ,¢ Gooy o.� Hl�f/ 73oairr 3f�,s6,C !F
Signed Date G
^fA c-A t, J G-4 4 e-5 leel&
pe c-�X "ez of eAwco 0*#-r C 4�j T Sit .-r /d!i G.4a s -"P
.4hha To 6/c
P.O. Box 27687, N
�CFAX 919-733-1495
Raleigh, North Carolina 27611-7687 An Equal Opportunity/Affirmative Action Employer
Voice 919-733-2293 50% recycled/10% post -consumer paper

State of dd
arolina
Departm Environment,
Health atural Resources
Division ofl Management
James B. Hunt, Jr., Governor
Jonathan B.-Howes, Secretary
Roger N. Schecter, Director
AM!�
EDEHNR
June 20, 1996 R E C E i V F D
JUL & >?
MEMORANDUM - DIV. OF EWROtVaMENTAI tfE;1t1H
TO: Ms. Linda Sewall, Director R rE C%# '"' • D ,
Division of Environmental Health , 12
Jim:�., , ,� 1 1
FROM: John Parker, Jr. REC,F_IIVEQ
Major Permits Processing Coor(DipatW E14"'ROIWENTAL HE IN m JUL 101b96
SUBJECT: CAMA/DREDGE & FILL Permit Application Review MAtiA�ctdErii
APPLICANT: Charle Thacker < 9 y
ROJECT LOCATION: Adj. To the Oak Winds Marina in Middle Sound, New Hanover Co.
PROPOSED PROJECT: To renovate an existing commercial marina, etc.
Please indicate below your agency's position or viewpoint on the proposed project and return this form by
July14, 1996. If you have any questions regarding the proposed project, please contact John Parker at
733-2293. When appropriate, in-depth comments with supporting data are requested.
REPLY
This agency has no objection to the project as proposed.
This agency has no comment on the proposed project.
This agency
corporated.
s agency c
approves of the project, only if the recommended �hang �s� are
See attached. &6W_)
bj to the project for re ns d bed in the attached comments.
J �
Date
i ..
74o/9(o
P.O. Box 27687, ��FAX [phone]
Raleigh, North Carolina 27611-7687 CAn Equal Opportunity/Affirmative Action Employer
Voice 919-733-2293 50% recycled/10% post -consumer paper

MEMORANDUM
TO: Linda Sewall
FROM: - Pat Fowleaa�-
DATE: June 24, 1996
SUBJECT: CAMA Permit Review - Charles Thacker - New Hanover County
Review of the subject project indicates that one additional slip will be added in the basin.
The current closure, which is in accordance with DEH Rule 15A NCAC .0911 MARINAS:
DOCKING FACILITIES: OTHER MOORING AREAS:, is based on a total of 76 slips in the
basin. No additional closure is needed with the addition of one slip provided the new design does
not locate any of the docking area closer to the mouth of the canal.

State of North Carolina
Department of Environment,
6-7-Malth and Natural Resources
Wilmington Regional Office
Division of Coastal Management
James B. Hunt, Jr., Governor
Jonathan B. Howes, Secretary
Roger N. Schecter, Director
MEMORANDUM:
TO:
FROM:
SUBJECT:
Applicant:
Project Location:
June 12, 1996
Mr. Charles Gardner, Director
Division of Land Resources
John R. Parker
Major Permits Processing Coordinator
C GE & FILL Permit Application Review
Char] Thacker
Adjacent to the Oak Winds Marina in Middle Sound, between Pages Creek and
Howe Creek in New Hanover County at 2127 Middle Sound Road, Wilmington
Proposed Project: The renovation of an existing commercial marina, expanding it slightly with high
ground excavation. Maintenance excavation is proposed for the entire basin.
Please indicate below your agency's position or viewpoint on the proposed project and return this form
by July 5, 1996. If you have any questions regarding the proposed project, please contact Tere Barrett
at extension 246. When appropriate, in-depth comments with supporting data is requested.T--_,
N\
REPLY: This agency has no objection to the project as proposed. FAIAWINACEMENT
6
This agency has no comment on the proposed project.4-This agency approves of the project only if the recommen
incorporated. See attached.
�e� lj+ulo, art Co. E;J6j J s Z�EPr MOST MKOY£ A SMAZO E MOSiSA Ufa PwA1 Foe 'PIS SI i
This agency objects to the project for reasons described in the attached comments.
SIGNED DATE Jude
127 Cardinal Drive Extension, Wilmington, N.C. 28405-3845 • Telephone [phone] • Fax [phone]
An Equal Opportunity Affirmative Action Employer

State of North Carolina
epall'ment of Environment,
Health and Natural Resources
Wilmington Regional Office
Division of Coastal Management
James B. Hunt, Jr., Governor
Jonathan B. Howes, Secretary
Roger N. Schecter, Director
MEMORANDUM:
CO:
FROM:
SUBJECT:
Applicant:
Project Location:
June 12, 1996
Mr. William A. McNeil, Director
Division of Community Assistance
IDFEE HNFI
John R. Parker
Major Permits Processing Coordinator
CAMA/DREDGE & FILL Permit Application Review
Charle cker
Adjacent to the Oak Winds Marina in Middle Sound, between Pages Creek and
Howe Creek in New Hanover County at 2127 Middle Sound Road, Wilmington
Proposed Project: The renovation of an existing commercial marina, expanding it slightly with high
ground excavation. Maintenance excavation is proposed for the entire basin.
Please indicate below your agency's position or viewpoint on the proposed project and return this form
by July 5, 1996. If you have any questions regarding the proposed project, please contact Tere Barrett
at extension 246. When appropriate, in-depth comments with supporting data is requested,
U
of du 1s lyss
REPLY: This ency has no objection to the project as proposed. Ct AUAL
4WGGEMFNT
_, ' agency has no comment on the proposed project.
This agency approves of the project only if the recommended
incorporated. See attached.
This agency objects to the project for reasons described in the attached comments.
SIGNED DATE 3 ot %
127 Cardinal Drive Extension, Wilmington, N.C. 28405-3845 • Telephone [phone] • Fax [phone]
An Equal Opportunity Affirmative Action Employer

State of North Carolina
Department of Environment,
Health and Natural Resources
DMsion of Coastal Management
James B. Hunt, Jr., Governor
Jonathan B. Howes, Secretary
Roger N. Schecter, Director
June 20, 1996
MEMORANDUM
TO: Mr. Larry R. Goode, Phd., P.E.
Highway Administrator
Division of Highways
FROM: John Parker, Jr.
Major Permits Processing Coordinator
A
�
2A�
EDEHNFR
SUBJECT: CAMA/DREDGE & FILL Permit Application Review
APPLICANT: Char hacker
PROJECT LOCATION: To the Oak Winds Marina in Middle Sound, New Hanover Co.
PROPOSED PROJECT: To renovate an existing commercial marina, etc.
Please indicate below your agency's position or viewpoint on the proposed project and return this form by
July 11, 1996. If you have any questions regarding the proposed project, please contact John Parker at
733-2293. When appropriate, in-depth comments with supporting data are requested.
REPLY This agency has no objection to the project as proposed.
This agency has no comment on the proposed project.
This agency approves of the project, only if the recommended changes are
incorporated. See attached.
This agency objectc to the project for reasons described in the attached comments.
Signed Date do, ItQ
P.O. Box 27687, `4FAX [phone]
Raleigh, North Carolina 27611-7687 Nif C An Equal Opportunity/Afflrmattve Action Employer
Voice 919-733-2293 50% recycled/10% post -consumer paper

r_
State.of North Carolina
Department of Environment,
Ftealth and Natural Resources
Division of Coastal Management
James B. Hunt, Jr., Governor
Jonathan B. Howes, Secretary
Roger N. Schecter, Director
June 20, 1996
ul u 1 C a ►17ilul
TO: Mr. Joe Henderson, Acting Director
State Property Office
Department of Administration
A '51V
[DEHNFR
FROM: John Parker, Jr.
Major Permits Processing Coordinator 1�7oT14
SUBJECT: C DGE & FILL Permit Application Review APPLICANT: Char es Thacker PROJECT LOCATION: Adj. the Oak Winds Marina in Middle Sound, New H
PROPOSED PROJECT: To renovate an existing commercial marina, etc.
Please indicate below your agency's position or viewpoint on the proposed project and return this form by
July 11, 1996. If you have any questions regarding the proposed project, please contact John Parker at
733-2293. When appropriate, in-depth comments with supporting data are requested.
REPLY This oag_enc-y � no objection to the project as proposed. Q l o �Ac o cQ In
This agency has no comment on the proposed project.
This agency approves of the project, only if the recommended changes are
incorporated. See attached.
This ageenncfcy objects to the project for reasons described in the attached comments.
Signed ,�)C% v L'�V� Date — — b
P.O. Box 27687, N7.` * FAX [phone]
Raleigh, North Carolina 27611-7687 1, f An Equal Opportunity/Afflrmative Action Employer
Voice 919-733-2293 50% recycled/10% post -consumer paper

State of North Carolina
Department of Environment,
Health and Natural Resources
Division of Coastal Management
James B. Hunt, Jr., Governor
Jonathan B. Howes, Secretary
Roger N. Schecter, Director
June 20, 1996
furl flu CIT.7_V`11111u I
TO: Ms. Renee Gledhill -Early
Environmental Review Coordinator
Division of Archives and History
FROM: John Parker, Jr.
Major Permits Processing Coordinator
e�4�
EDEHNR
SUBJECT: CAMA/DREDGE & FILL Permit Application Review
APPLICANT: Char s ::hacker
PROJECT LOCATION: Adj. T Oihe Oak Winds Marina in Middle Sound, New Hanover Co.
PROPOSED PROJECT: To renovate an existing commercial marina, etc.
Please indicate below your agency's position or viewpoint on the proposed project and r ;by
July 11,1996. If you have any questions regarding the proposed project, please c t
733-2293. When appropriate, in-depth comments with supporting data are reque fC£IUFn 'Y
REPLY This agency has no objection to the project as proposed.
This agency has no comment on the proposed project.
This agency approves of the project, only if the recommended changes are
incorporated. See attached.
This agency objects to the project for reasons described in the attached comments.
SignedLzz.,Date _7/�1 9/6
P.O. Box 27687, N
�CFAX 919-733-1495
Raleigh, North Carolina 27611-7687 An Equal Opportunity/Affirmative Action Employer
Voice 919-733-2293 rr7^='r+"ra 50% recycled/10% post -consumer paper

State of North Carolina
Department of Environment,
Health and Natural Resources
Division of Coastal Management
James B. Hunt, Jr., Governor
Jonathan B. Howes, Secretary
Roger N. Schecter, Director
June 20, 1996
MEMORANDUM
TO: W. John Sutherland, Chief
Water Planning Section
Division of Water Resources
FROM: John Parker, Jr.
Major Permits Processing Coordinator
,?WA�
EDEHNFR
SUBJECT: CAMA/DREDGE & FILL Permit Application Review
APPLICANT: Cha les Thacker
PROJECT LOCATION: Adj.6,t4c
Oak Winds Marina in Middle Sound, New Hanover Co.
PROPOSED PROJECT: To renovate an existing commercial marina, etc.
Please indicate below your agency's position or viewpoint on the proposed project and return this form by
July 11, 1996. If you have any questions regarding the proposed project, please contact John Parker at
733-2293. When appropriate, in-depth comments with supporting data are requested.
REPLY >Q This agency has no objection to the project as proposed.
This agency has no comment on the proposed project.
This agency approves of the project, only if the recommended changes are
incorporated. See attached.
This agency objects to the project for reasons described in the attached comments.
12
Signed � � Date U k2
C: PUMP P��EKt
P.O. Box 27687, �� FAX [phone]
Raleigh, North Carolina 27611-7687 Nr� C An Equal Opportunity/AfflrmatNe Ac
Voice 919-733-2293 50% recycled/10% post -consumer paper

State of North Carolina
Department of Environment,
Health and Natural Resources
Division of Coastal Management
James B. Hunt, Jr., Governor
Jonathan B. Howes, Secretary
Roger N. Schecter, Director
Ms. Ann Hines
County of New Hanover
County Inspections Dept.
414 Chestnut Street --Room #203
Wilmington, NC 28401
Dear Ms. Hines:
June 20, 1996
REO Ed
JUN 281996
GOAJrAL
MANAGEMENT
IDEHNR
The attached application request for perms ddi'ffie Coastal Area Management Act, and/or
other State/Federal authorization is forwarded for your review and comment. We ask that written
comments be submitted within three weeks of receipt of this submittal. This is the same review
period allowed for State agencies. Necessary time extensions will be considered upon request. If
we do not hear from you by the action date, we will assume that your office does not wish to
comment.
The Division of Coastal Management feels it is very important to have a given application
record reflect the position of the local government. Under Rules of the Coastal Resources
Commission, the Division must not approve applications if the project is inconsistent with local
regulations or land use plans.
Should you have questions on the content of this mailing, do not hesitate to contact me or
the area field consultant for this project.
Very sincerely
John R. Parker, Jr.
Major Permits Processing Coordinator
JRP:jr/aw G"
Attachment
l uW� ��
P,O. Box 27687, 7`y� FAX[phone] or
Raleigh, North Carolina 27611-7687 N r' CAn Equal Opportunity/AfflrmatNe Action Em yer
Voice 919-733-2293 50% recycled/10% post -consumer paper

DEPARTMENT OF THE ARMY
WILMINGTON DISTRICT, CORPS OF ENGINEERS
P.O. BOX 1890
WILMINGTON, NORTH CAROLINA 28402-1890
REPLY TO
ATTENTION OF July 29, 1996
Regulatory Branch
Action ID No. 199603725
Mr. John Parker
Division of Coastal Management
North Carolina Department of Environment,
Health, and Natural Resources
Post Office Box 27687
Raleigh, North Carolina 27611-7687
Dear Mr. Parker:
Reference the application of Charles Thacker for a Department of the
Army permit to renovate and expand an existing commercial marina, involving
maintenance dredging of approximately 137,000 square feet, and filling of
1,127 square feet of shallow water bottom associated with the construction and
reconfiguration of bulkheads and piers, in a marina off of Middle Sound, at
2127 Middle Sound Loop Road, in Ogden, New Hanover County, North Carolina.
The Federal agencies have completed review of the proposal as presented
by the application and your field investigation report.
We recommend that the following conditions be included in the State
authorization:
1. All work authorized by this permit must be performed in strict
compliance with the permit plans.
3 2. The bulkhead will not be positioned farther waterward than 8 feet
from the mean high water elevation contour at any point along its alignment.
l6 3. All backfill materials will be obtained from a highground source and
�3 confined landward of the permitted bulkhead.
4. The fill material will be clean and free of any pollutants except in
trace quantities. Metal products, organic materials, or unsightly debris will
not be used.
S. All excavated materials will be confined landward of the mean high
water (MHW) elevation contour and any 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.
6. The terminal end of the pipeline from the dredge into the diked
i retention area will be positioned at or greater than 50 feet from any part of
the dike and a maximum distance from spillways to prevent dike erosion and to
allow adequate settlement of suspended solids.
7. A water control structure will be installed at the intake end of the
effluent pipe leading from the retention area in order to ensure maxiAAGEMENT
settlement of suspended solids. 8. Flow from the diked retention area will be confined by pip.}CO
or similar device to a point at or below the mean low water (MLW) elLL Lcontour to prevent gully erosion and siltation. Q 1996
ASiAL

y .•
' , '9. No excavated or fill materials will be placed at any time in any
vegetated wetlands or waters.
`' 10. No vegetated wetlands will be excavated.
v 11. Excavation will not exceed 8 feet below the elevation of mean low
water (MLW).
12. The permittee's scheme of development, of which the authorized work
Z�is a 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 will 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 will not be constructed within the
easement.
23 13. No attempt will be made b p y 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 must not interfere with the
public's right to free navigation on all navigable waters of the United
States.
14. The permittee will maintain the authorized work in good condition
O 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.
/ O 15. The activity will be conducted in such a manner as to prevent a
significant increase in turbidity outside the area of construction or
construction -related discharge. Increases such that the turbidit in the
waterbody is 'ryate s trou
r �Torrh r---� s7,os�f Rv4:ronme N(3DEM)-, 25 NTU' s or
less in all saltwater -classes an -or,
are not considered significant.
16. This Department of the Army permit does not obviate the need to
V obtain other Federal, State, or local authorizations required by law.
Questions or comments may be addressed to the undersigned at telephone
[phone].
Si
ncerely,
Richter
Project Manager
Wilmington Regulatory Field Office
2

Copies Furnished:
Mr. John Dorney
Division of Water Quality
North Carolina Department of
Environment, Health, and
Natural Resources
4401 Reedy Creek Road
Raleigh, North Carolina 27607
Mr. John Hefner
U.S. Fish and Wildlife Service
Fish and Wildlife Enhancement
Post Office Box 33726
Raleigh, North Carolina 27636-3726
Mr. Larry Hardy
National Marine Fisheries service
Pivers Island
Beaufort, North Carolina 28516
Mr. Thomas Welborn, Chief
Wetlands Regulatory Section - Region IV
Wetlands, Oceans and Watersheds Branch
U.S. Environmental Protection Agency
345 Courtland Street
Atlanta, Georgia 30365
Mr. Bob Stroud, District Manager
Wilmington Regional Office
North Carolina Division of
Coastal Management
127 Cardinal Drive Extension
Wilmington, North Carolina 28405-3845

DEPARTMENT OF THE ARMY
WILMINGTON DISTRICT, CORPS OF ENGINEERS
P.O. BOX 1880
WILMINGTON, NORTH CAROLINA 28402-1880
REPLY TO
AT7F C M OF
Regulatory Branch /'� Y1Ct.G�Gf
1gg6C) 3-1 ), s Applicant l � ype Work--
Action ID. '
t`1. I .r'ow-Type Work 1 J 4� _,, 01� '� led' Co.+�p cx
Waterway
M �IL ��^a a�_L J�ounty�sL.� ---
Mr. Larry Hardy
National Marine Fisheries
Service, NOAA
Pivers Island
Beaufort, North Carolina 28516
Field Supervisor
Fish and wildlife Enhancement
U.S. Fish and Wildlife Service
Post Office Box 33726
Raleigh, North Carolina 27636-3726
Mr. Thomas Welborn, Chief
Wetlands Regulatory Section -Region IV
Wetlands, Oceans and Watersheds Branch
U.S. Environmental Protection Agency
345 Courtland Street
Atlanta, Georgia 30365
v Mr. John Parker Management
Division of Coastal anof
North Carolina Department
Environment, Health and
Natural Resources
Post Office Box 27687
Raleigh, North Carolina1 27611-7687
1"1C iiolLt\ OJtl _
�d� Ir�i� Regional Office
Division Coastal Management
North Carolina Department of
Environment, Health and
Natura Resources
-� �ardral �Cwc..
Gentlemen: Permit/processing
o mmments land/°S
Pursuant to Action ID No. lgeo00291, the CAMA-CorPs general pent
agreement, a State Field Investigation Report is enclosed. Your co
recommendations would be appreciated on or before
be addressed to
Questions or comments may
Field Office, telephone
Regulatory Branch,
Sincerely,
Jeffrey H. Richter
Project Manager Field Office
Wilmington Regulatory
Enclosure

United States Department of the Interior
FISH AND WILDLIFE SERVICE
Raleigh Feld Office
Post Office Box 33726
Raleigh, North Carolina 2763&3726
July 22, 1996
Lieutenant Colonel Terry R. Youngbluth
District Engineer, Wilmington District
U.S. Army Corps of Engineers
P.O. Box 1890
Wilmington, NC 28402-1890
Attention: Jeff Richter
Dear Lt. Col. Youngbluth:
The U.S. Fish and Wildlife Service (Service) has reviewed the project plans and
field investigation report for Mr. Charles Thacker's proposed activities (ID No.
199603725). The applicant proposes to perform maintenance, rehabilitation, and
enhancement activities in an existing marina. Cumulatively, the activities would
add about 1235 ft2 of dock surface and 3575 ft2 of submerged area to the marina
area. Over three acres of area would be dredged, making the access channel and
basin bottom about 8.0 feet below the plane of mean low water.
This is the report of the Service submitted pursuant to, and in accordance with,
provisions of the Fish and Wildlife Coordination Act (48 Stat. 401, as amended;
16 U.S.C. 661 et seq.) and the Endangered Species Act of 1973 (87 Stat. 884, as
amended; 16 U.S.C. 1531 et seq.).
The Service has no objection to the issuance of a permit or permits for the
proposed activities described above. Based on our review of the application and
accompanying materials, we offer the following general comment:
The clearance between the dredged basin bottom and the underside of the floating
docks at low tide is unclear. We suggest that this clearance be estimated prior
to construction. The docks should be designed so that they do not rest the basin
bottom. This ensures that aquatic organisms, particularly fish, are provided
unrestricted zones of transit around and under structures such as docks. This
enhances predator avoidance, and limits stress from unusual circumstances (e.g.,
stranding during low tide).
We appreciate this opportunity to comment on the proposal. If you have any
questions or comments, please call Kevin Moody of my staff at [phone]
extension 119.
Sincerely,
ohn M. Hefn*
Field Supery or t�
CD
cc: DCM, Washington, NC (T. Moore)GC`%,ty�
EPA, Wetlands Regulatory Section, Atlanta, GA (Thomas Welbor
NMFS, Beaufort, NC (Larry Hardy) Aq�
:`C Ftil

DEPARTMENT OF THE ARMY
WILMINGTON DISTRICT, CORPS OF ENGINEERS
P.O. BOX 1890
WILMINGTON. NORTH CAR0LINA28402-1890
REPLY TO
ATrENTIONOF July 8, 1996
Regulatory Branch
CMANAGEMENT
Action ID No. 199603725
Mr. John DorneyDivision of Environmental ManagementNorth Carolina Department of Environment, Health and
Natural Resources
4401 Reedy Creek Road
Raleigh, North Carolina 27611-7687
Dear Mr. Dorney:
Enclosed is the application of Charles Thacker for Department of the
Army authorization and a State Water Quality Certification to renovate and
expand an existing commercial marina, involving maintenance dredging of
approximately 137,000 square feet and filling of 1,127 square feet of shallow
water bottom for the construction and reconfiguration of bulkheads and piers,
off of Middle Sound, at 2127 Middle Sound Loop Road, in Ogden, New Hanover
County, North Carolina. Your receipt of this letter verifies your acceptance
of a valid request for certification in accordance with Section 325.2(b)(ii)
of our administrative regulations.
We are considering authorizing the proposed activity pursuant to Section
404 of the Clean Water Act, and we have determined that a water quality
certification is required under the provisions of Section 401 of the same law.
A Department of the Army permit will not be granted until the certification
has been obtained or waived.
According to our administrative regulations, 60 days is reasonable for
State action. Therefore, if you have not acted on the request, or asked for an
extension of time, by September 6, 1996, the District Engineer will deem that
waiver has occurred.
Questions or comments may be addressed to the undersigned at telephone
[phone].
Sincerely,
Jeffrey H. Richter
Project Manager
Wilmington Regulatory Field Office
Enclosure
Copy Furnished (without enclosure):
Mr. John Parker
Division of Coastal Management
North Carolina Department of
Environment, Health and
Natural Resources
Post Office Box 27687
Raleigh, North Carolina 27611-7687

DEPARTMENT OF THE ARMY
WILMINGTON DISTRICT, CORPS OF ENGINEERS
P.O. BOX 1890
WILMINGTON, NORTH CAROLINA28402-1890
REPLVTO
ATTENTION OF
July 8, 1996
Regulatory Branch CRANAGEiv,§4T
cc
Action ID No. 199603725IV
C04Mr. Charles Thacker
21212 Senlac Lane
Davidson, North Carolina 28036
Dear Mr. Thacker:
On February 11, 1991, we renewed general permit No. 198000291 (copy
enclosed), which provides Federal authorization for construction activities
that receive authorization from the State of North Carolina.
A review of your application received June 18, 1996, for Department of
the Army authorization to renovate and expand an existing commercial marina,
involving maintenance dredging of approximately 137,000 square feet and
filling of 1,127 square feet of shallow water bottom for the construction and
reconfiguration of bulkheads and piers, off of Middle Sound, at 2127 Middle
Sound Loop Road, in Ogden, New Hanover County, North Carolina, indicates it to
be a candidate for Federal authorization under this general permit.
Accordingly, the administrative processing of your application will be
accomplished by the North Carolina Division of Coastal Management. Comments
from Federal review agencies will be furnished to the State.
If your application must be withdrawn from this general permit process
for any reason, you will be informed regarding its further management. If
there are no unresolved differences in State -Federal positions or policies,
the final action taken on your application by the State will result in your
receiving written notice from us that your application is consistent with the
general permit and you may commence your activity. Only after receiving such
confirmation should you begin work.
On February 6, 1990, the DA and the U.S. Environmental Protection Agency
(EPA) signed a memorandum of agreement (MOA) establishing procedures to
determine the type and level of mitigation necessary to comply with the Clean
Water Act Section 404(b)(1) Guidelines. This MOA provides for first, avoiding
impacts to waters and wetlands through the selection of the least damaging,
practical alternative; second, taking appropriate and practical steps to
minimize impacts on waters and wetlands; and finally, compensating for any
remaining unavoidable impacts to the extent appropriate and practical. To
enable us to process your application in full compliance with this MOA, we
request that you provide the following additional information:
a. Permits for work within wetlands or other special aquatic sites are
available only if the proposed work is the least environmentally damaging,
practicable alternative. Please furnish information regarding any other
alternatives, including upland alternatives, to the work for which you have
applied and provide justification that your selected plan is the least
damaging to water or wetland areas.

b. It is necessary for you to have taken all appropriate and practical
steps to reduce wetland losses. Please show all that you have done,
especially regarding development and modification of plans and proposed
construction techniques, to reduce adverse impacts.
c. The MOA requires that appropriate and practical mitigation will be
required for all unavoidable adverse impacts remaining after all appropriate
and practical minimization has been employed. Please show your plan to
mitigate for the projected, unavoidable loss of waters or wetlands or provide
information as to the absence of any such appropriate and practical measures.
This information is essential to our expeditious processing of your
application and it should be forwarded to us by September 6, 1996. Also, a
copy of this information must be sent to the North Carolina Division of
Environmental Management to enable them to adequately evaluate your
application for a Water Quality Certification pursuant to Section 401 of the
Clean Water Act.
Your application, pursuant to Section 10 of the River and Harbor Act and
Section 404 of the Clean Water Act, has been assigned Action ID No. 199603725.
It will be coordinated by the undersigned in our Wilmington Field Office.
Should you have any questions, please contact me at telephone [phone].
Enclosure
/c pies Furnished (without enclosure)
/ Mr. John Parker
Division of Coastal Management
North Carolina Department of
Environment, Health and
Natural Resources
Post Office Box 27687
Raleigh, North Carolina 27611-7687
Sincerely,
Jeffrey H. Richter
Project Manager
Wilmington Regulatory Field Office
Mr. Thomas Welborn, Chief
Wetlands Regulatory Section - Region IV
Wetlands, Oceans and Watersheds Branch
U.S. Environmental Protection Agency
345 Courtland Street
Atlanta, Georgia 30365
Mr. Bob Stroud, District Manager
Mr. John Dorney Wilmington Regional Office
Water Quality Section North Carolina Division of
North Carolina Department of Coastal Management
Environment, Health and 127 Cardinal Drive Extension
Natural Resources Wilmington, North Carolina 28405-3845
4401 Reedy Creek Road
Raleigh, North Carolina 27607
Mr. John Hefner
U.S. Fish and Wildlife Service
Post Office Box 33726
Raleigh, North Carolina 27636-3726
Mr. Larry Hardy
National Marine Fisheries Service
Habitat Conservation Division
Pivers Island
Beaufort, North Carolina 28516

MEMORANDUM
TO: JOHN PARKER
FROM: T. BARRETTUb
RE: THACKER APPLICATION
7/29/96
I have had a serious concern raised with regard to this application
that changes one recommendation of mine. Apparently, the docks at
the upper end of this very narrow basin have been unused by the
previous marina owner. So, even though the system is existing,
there are potential problems to occur with their use that did not
exist while they were unused. Primarily, the concern is one of
navigation room. I expressed concern over this issue in the
report, but there had been no complaints lodged. I made an error
in the report by stating that the roof over section B was not to be
replaced. This was my understanding, but it was incorrect. This
roof is in good condition, and is to be left in place. Mr. Steve
Nelson has explained to me that the problem in this area is not so
much the docks or the roof, but the pilings supporting the roof.
These extend further waterward than the docks.
In order to reduce the navigation bottleneck within this basin, I
recommended that the docks be pulled back 5' to S'. I would like
to add the recommendation that the pi ings supporting the roof over
section B of the marina be relocated 5' landward of the existing
alignment. This may take some re -engineering of the roof system,
but should not present an insurmountable problem as the structure
is merely a tin shelter. The rafters may need to be extended.
I am enclosing Mr. Nelson's letter.
1 R£ 4�
celvro
✓tiIt 3()
MA AAS'fAL�

COASTAL CAROLINAYACHT YARD
John Parker(%j5QF. � ORF-77—
Division of Coastal Management
P.O. Box 27687 JUL 0 9 1996
Raleigh, NC 27611-7687
DIVISION OF
COASTAL MANAGEMENT
Dear Mr. Parker,
As property owner of Coastal Carolina Yacht Yard and leasee of
the Cheathem property, I have several concerns surrounding the
Marina Project proposed by Charles Thacker for Oak Winds Marina.
There is currently a navigation problem in the southwest
section of the basin shown as section A and section B in the
permit. It is now impossible to safely enter the channel and turn
a vessel over 30 feet long to back into a slip, exception being the
four or five slips on the east end of section B.
As shown on the enclosed survey map the center line of the
channel is almost touching the docks in section B. There have
already been problems and words between slip renters over who has
rights to use existing docks. Slip renters in section B have
actually moved boats on my docks without my permission and stated
that if they damaged another vessel they would not be liable.
In the past Mr. Harrelson had not rented some slips in this
area and other slips had been for abandoned, derelict or smaller
boats. With the new slips and new owners I expect the problem to
worsen.
Section A shows a 30 foot floating dock with six feet between
the dock and the fixed deck. This would allow for a 36 foot boat
in an area where 30 foot or less of dock is existing.
I have not seen an accurate survey submitted with the existing
docks location. Caution should be used in replacing the docks so
as not to encroach in the channel any further.
Sincerely,
R. SZZ -. A1,06-
R. Steve Nelson
2107 Middle Sound Loop Rd. Wilmington, North Carolina 28405
1blephone(910)686-0004 FAX [phone]

Charles Thacker
Page 3
Section B - Proposed
The 215' x 5' shore parallel fixed dock is to be replaced. The 6 finger dock
floating docks - 5' x 40' @4, 5' x 43' @2. There will be no resultant increase
At the most waterward point, these docks will extend 43' into the body of wat
approximately -5.5' mean low water at the terminus of the docks. The body of
112' to 160' across at this point. There is no roof proposed.
Section C - Existing
The existing bulkhead extends approximately 50' into the body of water with
around the perimeter. This area is used for parking. There is one floating
mooring of two vessels, and one space for alongside docking. The dock extei
from a bulkhead line extrapolated from both sides of this extended parking area.
approximately +5' mean low water.
Section C - Proposed
The applicant proposes to excavate this high ground parking area, approximately f
it with a bulkhead. The proposed finished soundings are to be -8' mean low
bulkhead is a timber wall, 100' in length. The dredging is to be accomplishe
ground, " and transported by truck to a disposal area on Kerr Avenue. A le
authorization for use of this area. The project should generate approximately
material.
There is a shore parallel dock proposed to replace the one to be removed, 8' x 1
3 floating docks, each 40' x 6', with 6 associated mooring pilings to delineate 4
extend approximately 67' from the new bulkhead line. The body of water is apl
at this site. No roof is proposed.
Section D is to remain untouched.
This marina is an older facility, and as such does not have a pump -out station as
basin is poorly designed, and allows very little flushing.. The basin was origi
property owned by the former owner. As such, the bottom area is owned.by
property line extends across the basin onto high ground, and consequently, no othl
construct piers from the north side. The previous owner sold two tracts with marl
to other individuals who have continued to operate the commercial facilities.
through the Oak Winds marina to access either of the other marinas.
Maintenance Excavation
The applicant proposes to do maintenance excavation on the entire basin. This
channel of 650' x 100', and a basin area of 900' x 80'. The basin currently shows
mean low water, and the access channel -5' mean low water. The proposal is
hydraulically to a finished depth of -8' mean low water. The soundings in this m
to the AIWW are presently -8 to -9' mean low water. Approximately 16,555 cut
r� DIVISION OF COASTAL MANAGEMENT
FIELD INVESTIGATION REPORT
1. APPLICANT'S NAME: Charles Thacker
2. LOCATION OF PROJECT SITE: Adjacent to the Oak Winds Marina in Middle Sound,
between Page's Creek and Howe Creek in New Hanover County at 2127 Middle Sound Rd.
Photo Index - 1995: 17K & L �a -ssq 1989:2U & V , I q 4 — I /
State Plane Coordinates - X: 2368800 Y: 186600
3. INVESTIGATION TYPE: CAMA & D&F'
4. INVESTIGATIVE PROCEDURE: Dates of Site Visit - 8/9/95; 10/17/95
Was Applicant Present - Yes; Yes
5. PROCESSING PROCEDURE: Application Received - cc: 6/12/96
Office - Wilmington
6. SITE DESCRIPTION:
(A)
Local Land Use Plan - New Hanover County
Land Classification From LUP - Conservation
(B)
AEC(s) Involved: ES, EW, PT
(C)
Water Dependent: Yes
(D)
Intended Use: Commercial
(E)
Wastewater Treatment: Existing - Septic
Planned -None
(F)
Type of Structures: Existing - 2 residences, Clubhouse, Marina
Planned - Marina Renovation
(G)
Estimated Annual Rate of Erosion: N/A
Source - N/A
7. HABITAT DESCRIPTION: [AREA]
DREDGED FILLED INCORP
(A) Vegetated Wetlands
(B) N6n-Vegetated Wetlands
(C) Other
High Ground
4675 sf
• 90,000 sf
Open Water
23,766 sf
Shallow Bottom
137,000 sf
1127 sf
(D) Total Area Disturbed: 256,568 sf (5.9 acre)
(E) Primary Nursery Area: No
(F) Water Classification: SA-ORW Open: No
8. PROJECT SUMMARY: Applicant proposes the renovation of an existing commercial marina,
expanding it slightly with high ground excavation. Maintenance excavation is proposed for the
entire basin.

Charles Thacker
Page 2
9. PROJECT DESCRIPTION !
The project site is an existing commercial marina located in an upland basin bete
Page's Creek in Middle Sound.. The street address is 2127 Middle Sound Rd. 7
in size, divided into 3 lots. The applicant owns all three of these lots. The props .
in elevation, and is vegetated with typical high ground grasses and shrubs. The
around the southern and eastern shorelines, which are unaffected by this propos
Sound area is largely residential, there are two other commercial marinas opera
and another commercial marina to the north of this site.
The New Hanover County Land Use Plan classifies the area addressed in this prof
The west side of Middle Sound is not a designated Primary Nursery Area. The w;
are classified SA-ORW; the use standards for the Middle Sound ORW area allo,
of new or expanded marinas that will be allowed will be those marinas located it
According to the Division of Shellfish Sanitation, there is a 400' shellfish closure i
facility, based on a closure for 100 slips, of which there are currently 76.
The proposal is the renovation of the entire marina, including dock replacement, b
the addition of 1 slip, and maintenance excavation of the basin. For ease of eva
has divided the project area into 4 sections - A,B,C,D.
Section A - Existing
There is no bulkhead existing currently in Section A. There are 6 fixed finger i
5' x 20', 2' x 8' @2 - delineating 10 slips. At the most waterward point, the
approximately 52' from the mean high water line. There is a 5' x 160' fixed
shoreline from which these fingers extend. There is a roof presently covering the
Section A - Proposed
The applicant wishes to stabilize the shoreline with a bulkhead located approximat
mean high water line. This alignment connects to the wingwall of the bulkhead i
to be a timber wall, 161' in length. Sand will be brought in from a high ground
the wall. The shore parallel dock will be replaced with another fixed structure, 5
to be 5 floating finger docks (& 30' x 6' to delineate 10 slips. These terminate at aj'
4' mean low water, approximately 43' from the bulkhead and 52' from the cure
line. The western dock is approximately 12' from the adjacent riparian corridor;
file for encroachment into the 15' required setback. The water body is approxiir
this point. No roof is proposed.
Section B - Existing
There is a bulkhead existing across Section B. Again, there is a shore parallel fn
from which the finger docks project. There are 6 fingers - 12' x 3', 17' x 31, 40
@2 - delineating 13 slips. At the most waterward point, these docks extend 43' ind
The docks in Section B are presently covered.
Charles Thacker
Page 4
will be removed for this portion of the project, disrupting a previously dredged bottom area of 137,000
square feet.
A spoil island at AIWW channel marker 122 has been selected for spoil placement. A 300' x 300' area
has been dedicated for this project. This area should accommodate approximately 20,000 cubic yards
of dry material. There is an existing dike wall on this island, with approximately 6' of the wall
extending above grade inside the dike. There will be a stilling basin and effluent pipe installed for this
use. Permission is on file from the Corps of Engineers for use of this island.
10. ANTICIPATED IMPACTS
The project as proposed will incorporate approximately 23,766 square feet of open water within an
artificially created upland basin. While some of the existing finger docks within the current system are
shorter and narrower than the proposed docks, the area incorporated by the docks and associated
mooring piles is approximately 24,342 square feet, or 576 square feet more than that proposed. The
renovated facility may allow for more comfortable dockage of larger vessels because of the larger
docks, and consequently may encourage use by larger vessels. This facility is closed to shellfishing for
24 slips more than presently exist, and the proposal should not increase that closure area.
The docks as proposed will exceed 1/3 of the distance across the created body of water, but to the same
or less distance than do the existing docks. The water depths in this basin are maintained deep enough
to allow for use by large boats. This, in addition to the lengths of the docks, presents a difficult
navigation situation.
The project will require the disturbance of 4675 square feet of high ground, removing approximately
2251 cubic yards of material to create open water area. The maintenance excavation will require the
disturbance of approximately 137,000 square feet of previously disturbed bottom area, removing
approximately 16,555 cubic yards of material from the system. Finished water depths will approximate
the adjoining depths. Spoil placement will cause to be filled approximately 90,000 square feet of high
ground within existing dike walls. Turbidity increases should be anticipated during excavation.
Construction of the bulkhead will require the filling of approximately 1127 square feet of shallow
bottom area.
There will be an increase of 1 slip at the marina. The finished facility design should improve water
quality by removing a rather substantial roofmg system over the water. Presently unstabilized shoreline
areas will be stabilized.
Submitted by: T. Barrett Date: 6/12/96 Office: Wilmington

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COASTAL CAROLINAYACHT YARD
John Parker
Division of Coastal Management
P.O. Box 27687
Raleigh, NC 27611-7687
Dear Mr. Parker,
As property owner of Coastal Carolina Yacht Yard and leasee of
the Cheathem property, I have several concerns surrounding the
Marina Project proposed by Charles Thacker for Oak Winds Marina.
There is currently a navigation problem in the southwest
section of the basin shown as section A and section B in the
permit. It is now impossible to safely enter the channel and turn
a vessel over 30 feet long to back into a slip, exception being the
four or five slips on the east end of section B.
As shown on the enclosed survey map the center line of the
channel is almost touching the docks in section B. There have
already been problems and words between slip renters over who has
rights to use existing docks. Slip renters in section B have
actually moved boats on my docks without my permission and stated
that if they damaged another vessel they would not be liable.
In the past Mr. Harrelson had not rented some slips in this
area and other slips had been for abandoned, derelict or smaller
boats. With the new slips and new owners I expect the problem to
worsen.
Section A shows a 30 foot floating dock with six feet between
the dock and the fixed deck. This would allow for a 36 foot boat
in an area where 30 foot or less of dock is existing.
I have not seen an accurate survey submitted with the existing
docks location. Caution should be used in replacing the docks so
as not to encroach in the channel any further.
2107 Middle Sound Loop Rd.
Telephone [phone]
Sincerely,
R. Steve Nelson
�9�� f�ENy96
Fon, North Carolina 28405
FAX [phone]

Cheatham and Associates, P.A.
is Consulting Engineers
July 9, 1996
Mr. John Parker
Division of Coastal Management
P.O. Box 27687
Raleigh, N. C. 27611-7687
Ref: Marina Renovations
Oak Winds Marina
Wilmington, 114-. (". 28405
Dear Mr. Parker:
I was very happy to learn that Charles Thacker has submitted a plan to rework the covered
slips at Oak Winds Marina. They are in bad need of repair and any improvement should help
the overall value of everyone's property.
A am the Owner of the adjacent property and I know that navigation in the channel is very
critical. I would object very strongly if the new construction came beyond the line of the
existing pilings. Therefore, I would like to request that an accurate survey be made of the
existing conditions and presented to me before construction is allowed to start.
Very truly lyours,
q�
ames H. Cheatham, Jr., P.E. /
JHCjr/cc
�fHT
4806 Shelley Drive - Wilmington, North Carolina 28405 [phone] Fax [phone]

(COASTAL DEEP WATER
PHONE "24923
�1 MAY 10 1996UU
April 1996
DiVISICJ" ()F
COASTAL MANAGEMENT
To whom it may concern:
Brian Bullers and Coastal Deep Water have the permission
of the U. S. Army Corps of Engineers to deposit spoil on the
island adjacent to the 122 marker of the Intracoastal Waterway.
The north end of the island will be the area to be used as the
spoil site.
Y
Army Corps of Engineers
t4om 1-4LS P 's fAuv Mks L.o i6r ks 17 pocS
"�T 1 N r55e-Fc= W � Ct.� AA,4 w Lam. ,J c.6

I�a7i93 a'r:20 S 9103433361
Lor.?L¢a£WoedPro
LONQ
Post Office Box 5251
WffminQton, North
T0: Ed Plynn
Tony miller
FROM: Stovo HuLoTii�017r 1'rr.tltjEnt
Long Leaf worxi Ptuclu(:t-.Fr Inc.
CATF;: DCCOMI7Mr 07, 1995
RE: Dredgr- ,SI]oil
r I & s ttarinL� Job
nTTN: Tn Whom IL Ditty CGt1L:urr:
I
CT8, INC.
� / r
)ar inj 28403 (910)
i
JAN 02.1996
DIVISIU(4 OF
COASTAL MANAGEMENT
Long Leaf Wood pi-odut Inc. giveS t)erTl Ssi
I;xcavoticic, p. DomoliLloll Corp. Qfic1 p & on to ,QiI Igr
atnrr L)rcdg6 Vill on Lo vur rG S i}t,r.nA to haul and
from Oak fainds Marina, LaLipated;vcyilunte of g2ppptl, }`err Avg
)arils,
Cteva Hutchia � --
rnn r 4n. President
7 oaf wool Proriucl'.1 Inc.
1

State of North Carolina
Department of Environment,
Health and Natural Resources
Wilmington Regional Office
Division of Coastal Management
James B. Hunt, Jr., Governor
Jonathan B. Howes, Secretary
Roger N. Schecter, Director
June 12, 1996
Charles Thacker
21212 Senlac Lane
Davidson, North Carolina 28036
Dear Mr. Thacker:
Am EL
C)EHNFi
The Division of Coastal Management hereby acknowledges receipt of your application for State
approval for development of your property located at the 2127 Middle Sound Rd. It was received
completed on June 12, 1996, and appears to be adequate for processing at this time. The projected
deadline for making a decision is August 25, 1996. An additional 75-day review period is provided by
law when such time is necessary to complete the review. If you have not been notified of a final action
by the initial deadline stated above, you should consider the review period extended. Under those
circumstances, this letter will serve as your notice of an extended review. However, an additional letter
will be provided on or about the 75th day.
NCGS 113A-119(b) requires that Notice of an application be posted at the location of the
proposed development. Enclosed you will find a "Notice of Permit Filing" postcard which must be
posted at the property of your proposed development. You should post this notice at a conspicuous
point along your property where it can be observed from a public road. Some examples would be:
Nailing the notice card to a telephone pole or tree along the road right-of-way fronting your property;
or at a point along the road right-of-way where a private road would lead one into your property.
Failure to post this notice could result in an incomplete application.
A field report has been prepared and is in the process of being circulated to the various state and
federal review agencies for their comments. If additional information is required based on this review,
the agencies may contact you directly.
Sincerely,
J . k4
T. Barrett
Field Representative
TJB
Enclosure
cc: John Parker
Bob Stroud
Ann Hines, LPO
Jeff Richter, COE
127 Cardinal Drive Extension, Wilmington, N.C. 28405-3845 • Telephone [phone] • Fax [phone]
An Equal Opportunity Affirmative Action Employer

Name Of Individual Applying For Permit: 01MYzio� LK�✓z UAiCh//wbS �'
Address Of Property: 'c1I MoOrs SOvho a,
t or Street #, Street or Road, City & Countyi
I hereby certify that I own property adjacent to the above -
referenced property. The individual applying for this permit has
described to me as shown on the attached drawing the development
.they are proposing. A description or drawing, with dimensions,
should be provided with this letter.
I have no objections to this proposal.
WAIVER SECTION
I understand that a pier, dock, mooring pilings, breakwater, boat
house, lift or sandbags must be set back a minimum distance of 15'
from my area of riparian access unless waived by me. _,(If you wish
to waive the setback, you must initial the appropriate `blan)<
below.) D
gf���� JUN 1 7
zL ,eL I do wish to waive the 15'setback require �.ent. 1996
UiV1'-JI
15'setback
t�Al�
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F & S Marine Contractors, Inc.
)�)Zmer- flEy �"'o /2rU2N To a P.O. Box 86B
Wrightsville Beach, NC 2W
[phone]

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00011, P"E :.. "t
1901 OLIS7
TOGETHER WISHM applicab& Yi4riiin rights annel running to the
Intra-Coastal Water Way and also the residual marsh lands bounded on the
North by the old Livingston tract referred to in the deed recorded in Book 922
at Page 922 of the New Hanover County Registry.
PARCEL 3: BEING all of that certain tract designated as TRACT "C" on the plat of survey
entitled "Oak Winds" for Charles E. Thacker and Sherri L. Thacker, prepared by
Robert H. Goslee and Associates, Land Surveyors -Land Planners, dated July 8,
1995 and recorded in Map Book 3 at Page //, of the New Hanover
County Registry, reference to which plat is hereby made for a more particular
description.
TOGETHER WITH an easement for access, ingress, egress and regress to and
from Tract C over and across those certain areas designated as "20.0' Road
Right of Way - Map Book 5 @ Page 20" as shown on the Oak Winds plat, and
over and across that portion of Tracts A and B designated as "30.0' Access
Easement".
TOGETHER WITH all applicable riparian rights to the channel running to the
Intra-Coastal Water Way and also the residual marsh lands bounded on the
North by the old Livingston tract referred to in the deed recorded in Book 922
at Page 922 of the New Hanover County Registry.
TO HAVE AND TO HOLD the above granted and described lands and premises,
together with all and singular, the rights, privileges, easements, tenements, duties, obligations
and appurtenances thereunto belonging, or in anywise appertaining unto the said Grantee, in
fee simple, FOREVER.
AND said Grantor covenants with the Grantee that the Grantor is seized in fee simple
of the above granted and described premises, and has good right to sell and convey the same
in fee simple, that the title is marketable and free and clear of all encumbrances, except as
herein set forth, and except for 1995 ad valorem taxes, and usual utility easements and rights
of way of record, and that said Grantor will WARRANT and DEFEND the title to the same
against the lawful claims and demands of any and all persons whomsoever.
IN TESTIMONY WHEREOF, the parties of the first part have hereunto set their hands
and seals all the day and year first above written.
21/1 PC
N'40 .10
STATE OF NORTH CA.40LINA
COUNTY OF WAX c'
I, .��/XABf7.✓ �•°° e� a Notary Public for the aforesaid County and
State, hereby certify that CLYDE W. HARRELSON, II and wife, ELIZABETH R. HARRELSON
personally appeared before me this day and acknowledged the due execution of the foregoing
instrument.
WITNESS my hand and seal this ��r' day of July, 1995.
st;tsrunnrrt, Nota Public
My Commission Expires: ` ,P�'S.,•....f<zS,
_ / jy: v3" RY
WOTARI S ALI W = STATE OF NOIt'FH CAROLINA
*y'
New Hanover County
�nxi�n.owntd����d.u���ma.�m PUlil`� The Foregoing,/ Annexed Certificate(s) of -
f
:I UtzO Notary (Notaries) Public Is/ certified
to be corm".
DULY 1995
INS the t f day of
STATE OF u r, `' f=' - 1-1- JAN 0 2 1996 arysuc oots, lit ister of deeds
G RpLINA iI,� Real Estate DIVISION OF by Pity/Ittltt�iR
Excise Ta)pOASTAL MANAGEMENT

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