40-96 Minor Mod 2009 Oak Island Property Holdings LLC

Permit Class
Mi ODIFICATION/vIINOR
Permit Number
40-96
STATE OF NORTH CAROLINA
Department of Environment and Natural Resources
and
Coastal Resources Commission
Vrrmt"t
for
X Major Development in an Area of Environmental Concern
pursuant to NCGS 113A-118
X Excavation and/or filling pursuant to NCGS 113-229
Issued to Oak Island Property Holdings, LLC, 2443 South 415t Street, Wilmington, NC 28409
Authorizing development in Brunswick County at adi. AIWW, Old Bridge Road, Oak Island
as requested in the permittee's letter dated 4/23/09
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
le suolect to rmes, imprisonment or ctvtt acuon; or may cause me Perron, to oe nuu auu vo1u.
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 ae 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 5/7/09, 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.
This , permit must be accessible on -site to Department
personnel when the project is inspected for compliance.
Any maintenance work or project modification not covered
hereunder requires further Division approval.
All work must cease when the permit expires on
December 31, 2012 .
In issuing this permit, the State of North Carolina agrees
that your project is consistent with the North Carolina Coastal
Management Program.
Signed by the authority of the Secretary of DENR and the
Chairman of the Coastal Resources Commission.
James I . regson, Director
Division of Coastal Management
This permit and its conditions are hereby accepted.
Signature of Pertnittee

Permit Class
MODIFICATIONAHNOR
Permit Number
40-96
STATE OF NORTH CAROLINA
Department of Environment and Natural Resources
and
Coastal Resources Commission
ermt"t
for
X Major Development in an Area of Environmental Concern
pursuant to NCGS 113A-118
X Excavation and/or filling pursuant to NCGS 113-229
Issued to Oak Island Property Holdings LLC, 2443 South 4V Street, Wilmington, NC 28409
Authorizing development in Brunswick County at adi. AIWW, Old Bridge Road, Oak Island
as requested in the permittee's letter dated 4/23/09
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
)e suoject to lines, imprisonment or civtt acuon; or may cause me perrrirr w ue uuu auu V VIU.
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 5/7/09, 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.
This permit must be accessible on -site to Department
personnel when the project is inspected for compliance.
Any maintenance work or project modification not covered
hereunder requires further Division approval.
All work must cease when the permit expires on
December 31, 2012 .
In issuing this permit, the State of North Carolina agrees
that your project is consistent with the North Carolina Coastal
Management Program.
Signed by the authority of the Secretary of DENR and the
Chairman of the Coastal Resources Commission.
James I . regson, Director
Division of Coastal Management
This permit and its conditions are hereby accepted.
Signature of Permittee

Permit Class
MODIFICATIONNIINOR
Permit Number
40-96
STATE OF NORTH CAROLINA
Department of Environment and Natural Resources
and
Coastal Resources Commission
crmit
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 Holdings, LLC 2443 South 41st Street, Wilmington, NC 28409
Authorizing development in Brunswick County at adi. AIWW, Old Bridge Road, Oak Island
as requested in the permittee's letter dated 4/23/09
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
De suolecr ro lines, imprisonment or civrt aerlUn; or may cause uie pcuuiL w uc null auu vu.u.
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 5/7/09, 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.
This permit must be accessible on -site to Department
personnel when the project is inspected for compliance.
Any maintenance work or project modification not covered
hereunder requires further Division approval.
All work must cease when the permit expires on
December 31, 2012 .
In issuing this permit, the State of North Carolina agrees
that your project is consistent with the North Carolina'Coastal
Management Program.
Signed by the authority of the Secretary of DENR and the
Chairman of the Coastal Resources Commission.
James AMrcgson, Director
Division of Coastal Management
This permit and its conditions are hereby accepted.
Signature of Permittee

Permit Class
MODIFICATIONNIINOR
Permit Number
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 Holdings, LLC, 2443 South 41st Street, Wilmington, NC 28409
Authorizing development in Brunswick County at adi. AIWW, Old Bridge Road, Oak Island
as requested in the permittee's letter dated 4/23/09
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
oe suoject to rmes, imprisonment or civn action; or may cause me, permit to oe null anu volu.
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 5/7/09, 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.
This permit must be accessible on -site to Department
personnel when the project is inspected for compliance.
Any maintenance work or project modification not covered
hereunder requires further Division approval.
All work must cease when the permit expires on
December 31, 2012 .
In issuing this permit, the State of North Carolina agrees
that your project is consistent with the North Carolina Coastal
Management Program.
Signed by the authority of the Secretary of DENR and the
Chairman of the Coastal Resources Commission.
V
James 106regson, Director
Division of Coastal Management
This permit and its conditions are hereby accepted.
Signature of Permittee

l7C IV1 coor(lmator: fkntj l
MAILING DISTRIBUTION SHEET
Permitee:
DCM Field Offices
Elizabeth City
Morehead City
Washin
ilmin
US ACOE Offices:
Washington:
Wilmington:
Cultural Resources:
Public Water Supply:
Marine Fisheries:
NC DOT:
Shellfish Sanitation:
State Property:
Water Quality:
Ll-
(with revised work plan drawings)
Raleigh Bland
Tracey Wheeler
William Westcott (NC DOT)
Bill Biddlecome (NC DOT)
Dave
Renee Gledhill -Early
Debra Benoy (WIRO)
Joey White (WARD)
Anne Deaton
Ken Pace
Patti Fowler
June Michaux
Cyndi Karoly (Raleigh)
John Hennessy (NC DOT)
Washington: Vivian Christy
Al Hodge
Kyle Barnes
Wilmington: Jo,7mx Steenhuis — 401
Kelly Jo son - tormwater
Wildlife Resources:
LPO:
Maria Dunn (WARD)
Molly Ellwood (WIRO)
Fax Distribution: Permitee #:
Agent

NCDENR
North Carolina Department of Environment and Natural Resources
Division of Coastal Management
Beverly Eaves Perdue
Governor
Oak Island Property Holdings, LLC
2443 South 41s% Street
Wilmington NC 28409
Dear Sir or Madam:
James H. Gregson
Director
June 10, 2009
Dee Freeman
Secretary
The enclosed permit constitutes authorization under the Coastal Area Management Act, and where applicable, the
State Dredge and Fill Law, for you to proceed with your project proposal. Please sign both the original (buff -colored
form) and the Xerox stamped "Copy". Return the copy to this office in the enclosed envelope. Signing the permit and
proceeding means you have waived your right of appeal described below. Please retain the original (buff -colored
form), as it must be available on site when the project is inspected for compliance.
If you object to the pen -nit or any of the conditions, you may request a hearing pursuant to NCGS 113A-121.1 or
113-229. Your petition for a hearing must be filed in accordance with NCGS Chapter 150B with the Office of
Administrative Hearings, 6714 Mail Service Center, Raleigh, NC 27611-6714, [phone] within twenty (20) days
of this decision on your permit. You should also be aware that if another qualified party submits a valid objection to the
issuance of this permit within twenty (20) days, the matter must be resolved prior to work initiation. The Coastal
Resources Commission makes the final decision on any appeal.
The project plan is subject to those conditions appearing on the permit form. Otherwise, all work must be carried
out in accordance with your application. Modifications, time extensions, and future maintenance require. additional
approval. Please read your permit carefully prior to starting work and review all project plans, as approved. If you are
having the work done by a contractor, it is to your benefit to be sure that he fully understands all permit requirements.
From time to time, Department personnel will visit the project site. However, if questions arise concerning permit
conditions, environmental safeguards, or problem areas, you may contact Department personnel at any time for assistance.
By working in accordance with the permit, you will be helping to protect our vitally important coastal resources.
t
Douglas V. Huggett
Major Permits and Consistency Manager
Enclosure
400 Commerce Ave., Morehead City, NC 28557 One
Phone: [phone] \ FAX: [phone] Internet: www.nccoastalmanagement.net NofthCafrolliina
An Equal opportunity Affirmative Action Employer N t K�rllb,