40-96 Renewal 2016 Oak Island Property Holdings LLC

Permit Class
RENEWAL
Permit Number
40-96
STATE OF NORTH CAROLINA
Department of Environmental Quality
and
Coastal Resources Commission
Permit
for
X Major Development in an Area of Environmental Concern
pursuant to NCGS I I3A-118
X Excavation and/or filling pursuant to NCGS 113-229
Issued to Oak Island Property Holdings, LLC, 2443 South 4161 Street, Wilmington NC 28409
Authorizing development in Brunswick County at adi. AIWW, Old Bridge Road Oak Island.
, as requested in the permittee's application dated letter dated 11/4/15.
This permit, issued on January 15. 2016 , is subject to compliance with the application (where consistent
with the permit), all applicable regulations, special conditions and notes set forth below. Any violation of these terms may
ne sumject to tines, imprisonment or civil action; or may cause the permit to be null and void.
1) This renewal shall be attached to the Major Modification/Transfer of Permit No. 40-96, issued on
3/13/09, and the subsequent Minor Modification, which was issued on 6/9/09, and copies of all
documents shall be readily available on site when a Division representative inspects the project for
compliance.
2) All conditions and stipulations of the active permit remain in force under this renewal unless
specifically altered herein. RECEIVED
JAN 2 8 201"
(See attached sheet for Additional Conditions) DCM- MHD t
This permit action may be appealed by the permittee or
other qualified persons within twenty (20) days of the issuing
date.
This permit must be accessible on -site to Department
personnel when the project is inspected for compliance.
Any maintenance work or project modification not covered
hereunder requires further Division approval.
All work must cease when the permit expires on
October 20, 2017
In issuing this permit, the State of North Carolina agrees
that your project is consistent with the North Carolina Coastal
Management Program.
Signed by the authority of the Secretary of DEQ and the
Chairman of the Coastal Resources Commission.
Braxto C. Davis, Director
ivisi Don of Coastal Management
This permit and its conditions are hereby accepted.
Signature of Permittee

Oak Island Properly Holdings, LLC
Permit No. 40-96
Page 2 of 2
ADDITIONAL CONDITIONS
Maintenance Clause
3) The Division of Coastal Management shall be notified in writing at least two (2) weeks in advance of
any maintenance work authorized by this permit, and such notification shall include:
A. The number of the original permit.
B. A statement that no dimensional changes are proposed.
C. A copy of the original permit plans with cross -hatching indicating the area to be maintained, the
area to be used for spoil disposal, and the estimated amount of material to be removed. The
location, design and holding capacity of the spoil disposal site shall be approved by a
representative of the Division prior to the initiation of any maintenance dredging activities.
D. The date of map revision and the permittee's signature shown anew on the original plan.
NOTE: A permit renewal application processing fee of $100 was received by DCM for this project.
NOTE: The U.S. Army Corps of Engineers assigned this project Action ID No. SAW-2007-03577.
NOTE: The N.C. Division of Water Resources assigned the project DWR Project No. 08-0708.
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DCM' MND Ce�Y

e
DEPARTMENT OF THE ARMY
WILMINGTON DISTRICT, CORPS OF ENGINEERS
69 DARLINGTON AVENUE
WILMINGTON, NORTH CAROLINA 28403-1343
REPLY TO November 24, 2015
A=tION OF:
Regulatory Division
Action ID No. SAW-2007-03577 and State Permit No. 40-96
General Permit No. 198000291
Oak Island Property Holdings, LLC
Attn: Mr. Robert McNeill
2443 South 4151 Street
Wilmington, North Carolina 28409
Dear Mr. McNeill:
RECEIVED
DEC 0 7 2015
DCM- MHD CITY
Through coordination with the North Carolina Division of Coastal Management, we have
learned of your request to renew your permit authorizing a condominium complex, an upland
marina basin, dry stack storage building, and docking facility with fuel and pump -out on Old
Bridge Road, adjacent to the AIWW, in Oak Island, Brunswick, North Carolina. Coordinates
are: 33.9201-N,-78.071-W.
Your proposal continues to be consistent with the provisions and objectives of general
permit No. 19800291 (copy enclosed). The permit is hereby modified. It is understood that all
other conditions of your permit remain applicable.
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 perfornring any such change or
alteration. Such action is necessary as revised plans must be reviewed and the authorization
modified. Your Department of the Army permit will expire on December 31, 2016.
Questions or comments may be addressed to Mr. Tyler Cnunbley, Wilmington Field
Office, Regulatory Branch, telephone [phone].
Sincerel
Tyler Crunfbley
Regulatory Project Manager
Enclosures:
CAMA permit
GP 291 conditions

.s
Copies Furnished (without enclosures):
Mr. Fritz Rhode
National Marine Fisheries Service
Habitat Conservation Service
Pivers Island
Beaufort, North Carolina 28516
Mr. Pace Wilber
National Marine Fisheries Service
Habitat Conservation Division
219 Fort Johnson Road
Charleston, South Carolina 29412-9110
Mr. Doug Huggett
Division of Coastal Management
North Carolina Department of
Environmental Quality
400 Commerce Avenue
Morehead City, North Carolina 28557-3421
Ms. Debra Wilson
Division of Coastal Management
North Carolina Department of
Environmental Quality
127 Cardinal Drive Extension
Wilmington, North Carolina 28405
Mr. Chad Coburn
Division of Water Resources
North Carolina Department of
Environmental Quality
127 Cardinal Drive Extension
Wilmington, North Carolina 28405
Ms. Karen Higgins
Division of Water Resources
North Carolina Department of
Environmental Quality
1650 Mail Service Center
Raleigh, North Carolina 27699-1650
-2-
RECEIVED
DEC 0 7 2015
DCM- MHD CITY

-3-
Mr. Pete Benjamin
U.S. Fish and Wildlife Service
Fish and Wildlife Enhancement
Pok Office Box 33726
Raleigh, North Carolina 27636-3726
Mr. Todd Allen Bowers
US EPA Region 4 Life Scientist
Water Protection Division
61 Forsyth Street, SW
Atlanta, Georgia 30303-8960
BOSN3/Mr. Scott McAloon
United States Coast Guard
Sector North Carolina Waterways Management
2301 E. Fort Macon Road
Atlantic Beach, North Carolina 28512
Ms. Heather Coats
North Carolina Department of
Environmental Quality
127 Cardinal Drive Extension
Wilmington, North Carolina 28405
Mr. Robb Mairs
North Carolina, Department of
Environmental Quality
127 Cardinal Drive Extension
Wilmington, North Carolina 28405
Ms. Tara MacPherson
North Carolina Department of
Environmental Quality
127 Cardinal Drive Extension
Wilmington, North Carolina 28405

RENEWAL
Permit Number
40-96
STATE OF NORTH CAROLINA
Department of Environmental Quality
and
Coastal Resources Commission
V er m it
for
_2L Major Development in an Area of Environmental Concern
pursuant to NCGS I I3A-118
X Excavation and/or filling pursuant to NCGS 113-229
Issued to Oak Island Property Holdings, LLC, 2443 South 413t Street Wilmington, NC 28409
Authorizing development in Brunswick County at adj. AIWW, Old Bridge Road, Oak Island,
, as requested in the permittee's application dated letter dated 11/4/15.
This permit, issued on January 15..2016 , is subject to compliance with the application (where consistent
with the permit), all applicable regulations, special conditions and notes set forth below. Any violation of these terms may
be subject to fines, imprisonment or civil action; or may cause the permit to be null and void.
1) This renewal shall be attached to the Major Modification/Transfer of Permit No. 40-96, issued on
3/13/09, and the subsequent Minor Modification, which was issued on 6/9/09, and copies of all
documents shall be readily available on site when a Division representative inspects the project for
compliance.
2) All conditions and stipulations of the active permit remain in force under this renewal unless
specifically altered herein.
(See attached sheet for Additional Conditions)
This permit action may be appealed by the permittee or
other qualified persons within twenty (20) days of the issuing
date.
This permit must be accessible on -site to Department
personnel when the project is inspected for compliance.
Any maintenance work or project modification not covered
hereunder requires further Division approval.
All work must cease when the permit expires on
October 20, 2017
In issuing this permit, the State of North Carolina agrees
that your project is consistent with the North Carolina Coastal
Management Program.
Signed by the authority of the Secretary of DEQ and the
Chairman of the Coastal Resources Commission.
Braxtoff C. Davis, Director
Division of Coastal Management
This permit and its conditions are hereby accepted.
Signature of Permittee

Oak Island Property Holdings, LLC
Permit No. 40-96
Page 2 of 2
ADDITIONAL CONDITIONS
Maintenance Clause
3) The Division of Coastal Management shall be notified in writing at least two (2) weeks in advance of
any maintenance work authorized by this permit, and such notification shall include:
A. The number of the original permit.
B. A statement that no dimensional changes are proposed.
C. A copy of the original permit plans with cross -hatching indicating the area to be maintained, the
area to be used for spoil disposal, and the estimated amount of material to be removed. The
location, design and holding capacity of the spoil disposal site shall be approved by a
representative of the Division prior to the initiation of any maintenance dredging activities.
D. The date of map revision and the permittee's signature shown anew on the original plan.
NOTE: A permit renewal application processing fee of $100 was received by.DCM for this project.
NOTE: The U.S. Army Corps of Engineers assigned this project Action ID No. SAW-2007-03577.
NOTE: The N.C. Division of Water Resources assigned the project DWR Project No. 08-0708.

PAT MCCRORY
awe r
DONALD R. VAN DER VAART
secretary
Environmental
Quality
TO: Heather Coats
Assistant Major Permits Coordinator
FROM: Shaun Simpson
DCM Permit Support, Wilmington
THRU: Debra Wilson ad
DCM, District Manager, Wilmington
DATE: November 5, 2015
SUBJECT: Request for Renewal of State Permit No. 40-96
Oak Island Property Holdings, LLC
Brunswick County
Mr. Robert McNeill is requesting the renewal of State Permit No. 40-96. Major Modification 40-96 was issued to
Oak Island Property Holdings, LLC on March 13, 2009 for a condominium complex, an upland marina basin, dry
stack storage building, and docking facility with fuel and pumpout. A Minor Modification was issued on June 9,
2009 to allow for mitigation of wetlands. State Permit No. 40-96 was due to expire on December 31, 2012 but
was subject to extension by the Session Law 2009-406, and as amended, by Session Law 2010-177 of the Permit
Extension Act. Thus, the permit expired October 20, 2015.
Mr. McNeill states that due to his oversight, he is just now submitting his renewal request. This Office has no
objection to the renewal of Permit No. 40-96, as we consider a grace period in making our renewal decisions. Mr.
McNeill has included a check (no. 8010500068) in the fee amount of $100.
cc: WiRO files
Doug Huggett, DCM
Tyler Crumbly, USACE
Chad Coburn, DWR
RECEIVED
NOV 0 9 2015
�NothingCompares�' DCM- MHD CITY
State of North Carding I Enron mental Quality
1601 Mail Service Center I Raleigh, North Carolina 27699-1601
919-707-8600

Oak Island Property Holdings, LLC
2334 South 41st Street
Wilmington, NC 28403
November 4, 2015
RE: Tara McPherson
NCDEQ
127 Cardinal Dr. Extension
Wilmington, NC 28405
Due to an economic decline in the area we have been in a holding pattern on any construction
at the site of the permitted Oak Island Marina. We would like to renew the CAMA Permit #40-96 as is
with no modifications at this time. I have enclosed an old copy of our CAMA permit for your reference,
as I do not have a copy of the current permit. I have been told that our current permit is in a grace
period for renewal. Please see the renewal fee enclosed in this envelope.
Thanks,
Robert McNeill
Oak Island Property Holdings, LLC
[e-mail]
[phone]
RECEIVED
NOV 0 9 2015
DCM- MHD CITY
RECEIVED
DCM WILMINGTON, NC
NOV 0 4 2015

Permit Class i {{ Permit Number
MODIFICATION/MINOR�) I 40-96
STATE OF NORTH CAROLINA
Department of Environment and Natural Resources
and
Coastal Resources Commission
Vermit
for
X Major Development in an Area of Environmental Concern
pursuant to NCGS 113A-118
X Excavation and/or filling pursuant to NCGS 113-229
Issued to Oak Island Property Holdines, LLC, 2443 South 41't Street, Wilmington, NC 28409
Authorizing development in Brunswick County at adi AIW W Old Bridge Road Oak Island
, as requested in the permittee's letter dated 4123/09
This permit, issued on June 9 2009 is subject to compliance with the application (where consistent
with the permit), all applicable regulations, special conditions and notes set forth below. Any violation of these terms may
be subject to fines, imprisonment or civil action; or may cause the permit to oe unit ana vola.
1) Unless specifically altered herein, this minor modification authorizes a change in the ACOE imposed
mitigation requirements for coastal marsh impacts. In order to compensate for impacts to 0.10 acres
(4,492 sf) of wetlands the permittee shall make payment to the North Carolina Ecosystem Enhancement
Program (NC EEP) in the amount determined by the NC EEP, sufficient to perform restoration of 0.50
acres of riparian and 0.25 ac of coastal marsh wetlands in the Cape Fear River Basin, Cataloging Unit
0303005.
2) This minor modification shall be attached to the Major Modification of Permit No. 40-96, which was
issued and transferred to the permittee on 3/13/09, the Letter of Refinement issued on 5n109, and copies
of all documents shall be readily available on site when Division personnel inspect the project for
compliance.
NOTE: This permit does not eliminate the need to obtain any additional state, federal or local permits,
approvals or authorizations that may be required
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.
Signed by the authority of the Secretary of L)hNK ana me
Chairman of the Coastal Resources Commission.
This permit must be accessible on -site to Department / /
personnel when the project is inspected for compliance. of V ✓�
James IdMiregson, Director
Any maintenance work or project modification not covered Division of Coastal Management
hereunder requires further Division approval.
All work must cease when the permit expires on R C Ct1 v t-15 its conditions are hereby accepted.
December 31, 2012 NOV 0 9 2015 V
In issuing this permit, the State of North Carolina agrees
that your project is consistent with the North Carolina CoasiaL
Management Program. M- MFM CITY Signature of Permittee

MAR-13-2009 11:23 From:DCM M-DCTY To:919103323687 Paee:117
Permit Class
1►10D1WCAT10N/MAd0R
TAOSFER STATE OF NORTH:CAROLINA
Department of Environment and Natural Resources
and
Coastal Resources Commission
Permit
for
IC Major Development in an Area of Environmental Concern
pursuant to NCGS 113A-118
X Excavation and/or filling pursuant tc NCGS 11.3-229
Permit Number
40-96
Issued to Oak Island Property HoldiaM LLl L443 warn 41st street, vv ruum912", ,v.- �wvy
Authorising development in BrunckswiCounty at adi W Al) Old Bridge Road, Oak Island
as requested in the permittec's application dated 2/12108 -1. Mp-31_and
This permit, issued on March 13, 2009 , is subject to compliance with the application, (where consistent
with the permit), all applicable regulations, special conditions and notes set forth below. Any violation of these terms may
be subject to fines, imprisonment or civil action; or may cause the permit to be null and void.
Excavation
1) In order to protect juvenile shrimp and finfish populations, no excavation or filling shall be permitted
between April 1 and September 30 of any year without the prior approval of the Division of Coastal
Management, iA consultation with the U.S..VMY Corps of Engineers.
2) Excavation shall not exceed -6.5 feet below the normal low water level. In no case shall the depth of
excavation exceed the depth of connecting waters.
3) An earthen plug shall be left between the upland area to be excavated and the AIWW, and a 24 hour
period after completion of excavation shall elapse prior to plug removal to prevent unnecessary
siltation into the adjacent water body.
This permit action may
other qualified persons with
date. An appeal requires re;
continuance as the case may
This permit must be act,
personnel when the project is
Any maintenance work or
hereunder requires further Dig
All work must crease when I
December 31, 2012
In issuing this permit the
that your project is consistent
Management program,
(See attached sheets for Additional Conditions)_
appealed by the permittee or
twenty (20) days of the issuing
ation prior to work initiation or
on -site to Department
I for compliance.
jest modification not covered
on approval.
permit expires1^1 v_ I I I
State of North Carolina agrees
with the North Carolina Coastal
Signed by the authority of the Secretary of DFNR and the
Chairman of the Coastal Resources Commission.
�y
James I.1, GreWri, Director
Division of Coastal Management
This permit and its coAditio ?d tfe1&A1*Q
DCM WILMINGTON, NC
RECEIVED N 0 V 0 4 2015
N Signature of Permittee
DCM- MHD CITY

MAR-13-2009 11:23 From:DCM fFDCTY To:919103323687 Pa ee:2?
Oak Island Property
4) The temporary
authorized.
5) No excavation
alignment of tt
i,LC
ADDITIONAL CONDITIONS
Permit #40-96
Page 2 of 7
or double handling of fill materials within waters or vegetated wetlands is not
take,place at any time in any Coastal Wetlands or surtoundiug waters outside, of the
ac indicated on the attached workplan drawing(s).
b) The anthorized project is located within and adjacent to a primary nursery area (PNA). Therefore, in
accordance with}T15A:07H.0208 of the Rules of the Coastal Resources Commission no new dredging
or excavation wdlrin the PNA shall be permitted. New dredging outside of the limits authorized by this
permit including "kicking' witb hOxt propellers, is not authorized. This prohibition shall be applied and
enforced thwug out the entire existence of the permitted project:
NOTE: The permittee's contractor is advised,to contact the U.S. Coast Guard at [phone], ext. 108
to discuss operations and appropriate lighting, markers, etc. for all dredge equipment.
Spoil Disposal
7) All excavated materials shall be confined above normal high water and landward Of regularly or
irregularly flooded marsh, behind adequate dikes or other retaining structures to.prevent spillover of
solids into any 7arsh or surrounding waters.
8) No spoil material is to be placed within 30 feet of the normal high water line.
9) The disposal areas effluent shall be contained by pipe, trough, or similar device to a point at or beyond
the normal low tiater level to prevent gully erosion and unnecessary siltation.
10) The terminal end of the pipeline shall be positioned at or greater than 50 feet from any pan of the dike
and a maximum distance from spillways to allow settlement of suspended sediments.
11) A water control structure shall :be instilled at the intake end of the effluent pipe to assure compliance
with water quality standards.
12) The diked disposal area shall be constructed a sufficient distance from the normal high water level or
any marsh to eliminate the possibility of dike erosion into surrounding wetlands or waters.
t.
13) The diked disposal area shall be properly graded and provided aground cover sufficient to restrain
erosion within 30 working days of project completion.
Shoreline Stabilization
14) The alignment of the authorized bulkhead shall be located lan.dward of all Coastal Wetlands at the time
of construction. RECEIVED
NOV 0 9 2015
DCM- MHD CITY

MAR-13-2009 11:24 From:DCM M DCTY To:9191033236',7 Paee:317
Oak Island
LLC
ADDITIONAL CONDITIONS
Permit #40-96
Page 3 of 7
15) The alignment of the authorized bulkhead shall be staked by a representative of the Division of Coastal
Management within a maximum of 30 days prior to the start of construction. Failure to initiate
construction wiin 30 days, or erosion of the shoreline by adverse weather conditions, shall require the
alignment to be estaked by DCM within a maximum of 30 days prior to the new expected start of
construction.
16) This permit doeo not authorize the backfilling of the authorised bulkheads.
17) The bulkbead shall be solid and constructed of treated wood, concrete slabs, metal or vinyl sheet piles or
other suitable materials approved by Division personnel.
I
Marina
18) Prior to the occupancy of any now slips authorized under this permit, a marine pumpout sewage disposal
facility shall be I "installed, easily accessible, and operable, and maintained for the life of the marina,
19) Prior to the occupancy of any slips authorized by this permit, the permittee shall meet on -site with a
representative of the Division to ensure that the required pumpout facility is in place and operable.
20) The marina facility shall display a sign showing the location of the on -site pumpout facility, including
other appropriate a waste disposal information, at the entrance and exit from the main picr(s).
21) No sewage, whether treated or untreated, shall be discharged at. any time front any boats using the
marina facility. Any sewage discharge at the marina facility shall be considered a violation of this
permit for which the permitter is responsible. This prohibition shall be applied and enforced throughout
the entire exists of the permitted structure.
22) This permit authorizes only the docks, piers, and other structures and uses located in or over thc water
that are expressly and specifically set forth in the permit application. No other structure, whether
floating or stationary, shall become a permanent part of this marina facility without permit modification.
No non -water dependent uses of structures shall be conducted on, in or over Public Trust waters without
permit modificatI ion.
i
23) Any portion of the permitted access piers built over coastal wetlands shall not exceed six feet in width
and shall be elevated a minimum of three feet over the wetland substrate as measured from the bottom of
the decking.
24) No attempt shall be made by the permittee to prevent the full and free use by the public of all navigable
waters at or adjacent to the authorized work,
25) TLe permittee shall maintain the authorized work in good condition and in conformance witb the terms
and conditions o this permit. The permittee is not relieved of this requirement if he abandons the
permitted activity without having it transferred to a third party. RECEIVED
NOV 0 9 2015
DCM- MHD CITY

MAR-13-2009 11:24 From:DCM NFUCTY
To:919103323687 Pa9e:4�7
Oak Island Property Holdings, LLC Permit #40-%
Page 4 of 7
ADDITIONAL CONDITIONS
26) This permit does not authorize the interference with any existing or proposed Federal project and the
permittee shall not be entitled to compensation for damage to the authorized structure or work, or injury
which may be caused from existing or future operations undertaken by the United States in the public
interest. j
i
i
27) The permittee shW1 install and maintain at his expense any signal lights or signals prescribed by the U.S.
Coast Guard, through regulation or otherwise, on the authorized facilities. At a minimum, permanent
reflectors shall be attached to the structure in order to make it more visible during hours of darkness or
inclement weather.
28) Approval of portions of the marina facility was based on determinations that there would be no
obstruction to navigation. Under conditions existing in the Atlantic Intracoastal Waterway (A1WW), a
possibility exists that structures may be damaged by wave wash from passing vessels. Unreasonable
slowing down of vessel traffic cannot be required because it would tend to nullify the navigational
benefits on which the AIW W was justified, Issuance of this permit shall not be construed, as relieving
the permiuce of faking proper steps to insure the structure and moored boats will not be damaged by
wave wash normally to be expected in the AIW W.
29) As as -built survey shall be performed on the authorized docking structure and fueling facility, and
copies of the survey provided to the U.S. Army Corps of Engineers (2 copies) and Division of Coastal
Management (1 copy), within 60 days of completion of construction of these portions of the project
I
30) This permit autf orizes a maximum of 55 flomalized boat slips.
I
I
Upland Development
31) Unless specifically altered herein, this permit authorizes only the land disturbing activities associated
with the construction of the five (5) condominium units, drystack storage facility, clubhouse, pool,
recreational areas, driveways, parking lots, and associated infrastructure and amenities, all as expressly
and specifically set forth in the permit application and depicted on the attached work -plat drawings. Any
additional land disturbing activities and/or construction shall be evaluated on a case -by -case basis by a
representative of the Division of Coastal Management (DCM) to determine additional permit
requirements. Contact a representative of the Division at [phone] prior to the commencement of
any such activity for this determination.
32) In accordance with NCAC 07M.0209(dx 10), all portions of the pedestrian boardwalk that are located
within 30 feet of the normal high water line shall be a maximum of 6 feet in width and shall be slatted,
elevated, and constructed of wood. This condition also applies to any portions of the boardwalk that
function as platforms or decks (ie. viewing areas, seating area. etc.).
NOTE: Division! staff are available to work with the permittce should helshe wish to redesign the
platform, component of the boardwalk system so that the cumulative total of all platform areas
within 30 feet of the normal high water line does not exceed the 200 square foot total that is
allowed by NCAC 07H.0209(d)(10)(F). RECEIVED
NOV 0 9 2015
DCM- MHD CITY

MAR-13-2W9 11:25 From:DCM M-DCTY To:919103323687 Pase:517
Oak Island Property Holdings, LLC Permit #40.96
Page 5 of 7
ADDITIONAL CONDITIONS
33) The federally endangered West Indian manatee (Tsicheciw.a manarus), has been reported in North
Carolina waters.1 In order to protect the manatee, all in -water work should be done between November 1
and May 31. if work must be done outside of this time frame, the permittee shall adhere to enclosed
guidelines, entitled'Trecautions for General Construction in Areas Which May Be Used by the West
Indian Manatee in North Carolina'.
I
I 'tl ation
34) In accordance with requirements of the U.S. Army Corps of Engineers, and in order to compensate for
impacts to 0.10 acres (4,492sf) of wetlands the permittee shall make payment to the North Carolina
Ecosystem Enhancement program (NC EBP) in the amount determined by the NC EEP, sufficient to
perform the restoration of 0.50 acres of riparian and 0,50 ac of coastal marsh wetlands in the Cape Fear
River Basin, Cataloging Unit 03030005.
35) In accordance with requirements of the U.S. Amoy Corps of Engineers, the permince shall execute and
cause to be recorded in the Brunswick County Register of Deeds the Conservation
Declaration/Resirictive Covenants for the purpose of maintaining approximately 3.21 acres (a total of
4,67 acres on 404.wetland area on the site) of on -site riparian wetlands as preservation areas located in
the Cape Fear River Basin, Catalog Number 03030005 as shown on the map entitled `Boundary and
Preservation Map Oak Island Resort and Marina" dated January 27, 2009 signed by Michael N.
Underwood in their natural and mitigated state in perpetuity, prior to the sale or conveyance of any lots
or other property within the subdivision. A final survey map of the development, which clearly depicts
the surveyed areas of preservation, shall b-- recorded with the Brunswick County Register of Deeds at
the same time" Declaration is recorded. No person or entity shall fill, grade, excavate, or perform any
other land disturbing activities; nor construct any structures, nor allow animal grazing or watering or any
other agricultural use on such conservation areas. The permitter shall enforce the terms of the
Declaration and prior to conveyance of the property, shall take no action on the property described in
the Declaration inconsistent with the terms thereof The permittee shall provide a copy of the recorded
Declaration and%ecorded Survey to the Corps of Engineers and the Division of Coastal Management
within 15 days of recording.
36) in accordance with requirements of the U.S. Army Corps of Engineers, construction within jurisdictional
areas on the property shall begin only after the permittee has made full payment w the NC EEP and
provided a copyiof the payment documentation to the Corps, and the NC EEP has provided written
confirmation to the Corps that it agrees to accept responsibility for the mitigation work required, in
compliance with the MOLT between the North Carolina Department of Environment and Natural
Resources and the United States Army Corps of Engineers, Wilmington District, dated November 4,
1998.
Sedimentation and EnAon Control
NOTE; An Erosion and Sedimentation Control Plan will be required for this project. This plan must be
filed at least thirty (30) days prior to the beginning of any land disturbing activity. If this
approvals has yet to be obtained, submit this plan to the Department of Environment and Natural
Resources, Land Quality Section, 127 Cardinal Drive Extension, Wilmin NC 28405.
IWCEIVED
NOV 092015
DCM- MHD Ciro

MW2-13-2009 11:25 From:DCM MFDCTY
To:9191e3323687 Page:617
Oak Island Property Holdings, LLC
Permit #40-96
Page 6 of 7
ADDITIONAL CONDITIONS
37) In order to protect water quality, runoff from construction shall not visibly increase the amount of
suspended sediments in adjacent waters.
38) Appropriate sedimentation and erosion control devices, measures or structures shall be implemented to
ensure that eroded materials do not enter adjacent wetlands, watercourses and property (e.g. silt fence,
diversion swales:or berets, etc.).
Stormwater Management
39) The N.C. Division of Water Quality approved this project under stormwater management rules of the
Environmental Management Commission under Stor nwater Permit No. SW8070685 on 10/16/07. Any
violation of the permit approved by the DWQ shall be considered a violation of this CAMA permit.
General
40) The permittee understands and agrees that if future operations by the United States requires the
removal, relocation, or other alteration of the structure or work authorized by this permit, or if in the
opinion of the Secretary of the Army or his authorized representative, said structure or work shall cause
unreasonable obstruction to free navigation of the navigable waters, the permittee shall be required,
upon due noticefrom the Corps of Engineers, to remove, relocate or alter the structural work or
obstructions caused thereby, without expervie to the United States or the state of North Carolina. No
claim shall be made against the United States or the state of North Carolina on account of any such
removal or alteration.
41) This permit shall not be assigned, transferred, sold, or otherwise disposed of to a third party without the
written approval of the Division of Coastal Management.
42) This Major Modification supersedes in its entirety all previously issued stipulations and conditions of
the active permit.
NOTE: This permit does not eliminate the need to obtain any additional state, federal or local permits,
approvals or authorisations that may be required.
NOTE: Future development of the permittee,s property may require a modification of this permit.
Contact a representative of the Division at [phone] prior to the commencement of any
such activity for this determination. The permittee is further advised that many non -water
dependent activities are not authorized within 30 feet of the normal high water level.
NOTE: The permittee and/or his contractor is urged to meet with representatives of the Division and the
U.S. Army Corps of Engineers prior to project initiation.
NOTE: The N.01 Division of Water Quality has authorized the proposed project under a General Water
Quality Certification (DWQ Project No. 08-0708), which was issued orl j/n E IV E D
DCM- MHD CITY

PaoP:7�7

Coastal Management
ENVIRONMENTAL OUALITV
January 19, 2016
Oak Island Property Holdings, LLC
2443 South 4151 Street
Wilmington, N.C. 28409
Dear Sir or Madam:
PAT MCCRORY
Govemor
DONALD R. VAN DER VAART
Secretary
BRAXTON DAVIS
Director
The enclosed permit constitutes authorization under the Coastal Area Management Act, and
where applicable, the State Dredge and Fill Law, for you to proceed with your project proposal. The
original (buff -colored form) is retained by you and it must be available on site when the project is
inspected for compliance. Please sign both the original and the copy and return the copy to this office in
the enclosed envelope. Signing the permit and proceeding means you have waived your right of appeal
described below.
If you object to the permit or any of the conditions, you may request a hearing pursuant to NCGS
113A-121.1 or 113-229. Your petition for a hearing must be filed in accordance with NCGS Chapter
150B with the Office of Administrative Hearings, 6714 Mail Service Center, Raleigh, NC 27611-6714,
[phone] within twenty (20) days of this decision on your permit. You should also be aware that
another qualified party may submit an objection to the issuance of this permit within twenty (20) days.
The project plan is subject to those conditions appearing on the permit form. Otherwise, all work
must be carried out in accordance with your application. Modifications, time extensions, and future
maintenance requires additional approval. Please read your permit carefully prior to starting work and
review all project plans, as approved. If you are having the work done by a contractor, it would be to your
benefit to be sure that he fully understands all permit requirements.
From time to time, Department personnel will visit the project site. To facilitate this review, we
request that you complete and mail the enclosed Notice Card just prior to work initiation. However, if
questions arise concerning permit conditions, environmental safeguards, or problem areas, you may
contact Department personnel at any time for assistance. By working in accordance with the permit, you
will be helping to protect our vitally important coastal resources.
Enclosure
Sincerely,
Douglas V. Huggett
Major Permits Manager
N.C. Division of Coastal Management
Nothing Compares�-
State of North Carolina I Environmental Quality I Coastal Management
400 Commerce Avenue I Morehead City, NC 28557
252-808-2808 T

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MAILING DISTRIBUTION SHEET ;
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DCM Field Offices
Elizabeth City
(with revised work plan drawings).
Morehead City
Washington
Wilmington
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US ACOE Offices:
Washington:
Raleigh Bland
William Westcott (NC DOT)
Bill Biddlecome (NC DOT)
Wilmington:
Tyler.Crumbleyl
Liz Hare
Cultural Resources:
Renee Gledhill -Early
Public Water Supply:
Diane Williams (WIRO)
Joey White (WARO)
DCW Shane Staples
Fisheries Specialist Gregg Bodnar
NC DOT: . Ken Pace
DMF/ Patti Fowler
Shellfish Sanitation: Shannon Jenkins
State Property: Tin Walton
Water Resources: Karen Higgins (Raleigh)
John Hennessy (NC DOT)
Washington:
Anthony Scarbraugh-401
Wilmington:
Joanne Steenhuis — 401
Chad Coburn - 4V
DEMLR
Washington:
Scott Vinson-Stormwater
Wilmington:
Georgette Scott- Stormwater
Wildlife Resources: Maria Dunn
LPO:
Fax Distribution: Permitee
Agent #:,

DEPARTMENT OF THE ARMY
RECElVEE
WILMINGTON DISTRICT, CORPS OF ENGINEERS
JAN 2qq4 2011^
WILMINGTON, NORTH CAROLINA 28403-1343
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REPLY TO
O�L�t�11QrQy
ATTENTION OF: January 18, 2011
Regulatory Division
Action ID No. SAW-2007-03577 and State Permit No. 40-96
Ronnie McNeil
Oak Island Property Holdings, LLC
2443 South 41st Street
Wilmington, North Carolina 28409
Dear Mr. McNeil:
Please reference your request of April 1, 2010 for renewal your Department of the Army
(DA) permit issued on March 30, 2009, which authorized the construction of two condominium
towers with 222 units, three small towers with 34 units, an upland marina with 55 slips, dry stack
units, transient dock along the Atlantic Intracoastal Waterway (AIWW), parking lots, clubhouse,
pool, and recreation areas on Old Bridge Road, Oak Island, Brunswick County, North Carolina
as shown in workplan drawings (9) dated "resubmitted 9-14-08".
Your proposal continues to be consistent with the provisions and objectives of general
permit No. 198000291. The permit is hereby renewed. It is understood that all the conditions of
your permit remain applicable and that the expiration date is December 31, 2016.
If you have any questions or comments you may call me at [phone].
Sincerely,
David Timpy, Project Manager
Wilmington Regulatory Field Office
Enclosure

-2-
Copies Furnished (without enclosure):
Chief, Source Data Unit
NOAA/National Ocean Survey
ATTN: Sharon Tear N/CS261
1315 East-West Highway, Room 7316
Silver Spring, Maryland 20910-3282
Mr. Doug Huggett
Division of Coastal Management
North Carolina Department of
Environment and Natural Resources
400 Commerce Avenue
Morehead City, North Carolina 28557
Dr. Steve Everhart, District Manager
Wilmington Regional Office
North Carolina Division of
Coastal Management
127 Cardinal Drive Extension
Wilmington, North Carolina 28405