40-96 MM/TX 2009 Oak Island Property Holdings LLC

Permit Class Permit Number
MODIFICATION/MAJOR 40-96
TRANSFER STATE OF NORTH CAROLINA
Department of Environment and Natural Resources
and
Coastal Resources Commission
r
Vermit-�
for APR 7 Zoa
X Major Development in an Area of Env' mental Concern
pursuant to NCGS 113A-118 Morehead City "u w,
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 application dated 2/12/08 (MP-1. MP-3) and
9/11/08 (MP-2, MP-4), including the attached workplan drawings (9), dated all dated "resubmitted 9/14/08"
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
De suciect to lines, imprisonment or ctvu action; or may cause me permit to De nun anu votu.
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, in consultation with the U.S. Army 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.
(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 Division approval.
All work must cease when the permit expires on
December 31, 2012
Signed by the authority of the Secretary of DENR and the
Chairman of the Coastal Resources Commission.
v �
James H. Gre n, Director
Division of Coastal Management
This permit and its conditions are hereby accepted.
In issuing this permit, the State of North Carolina agrees
that your project is consistent with the North Carolina Coastal
Management Program.
Signature of Permittee

Oak Island Property Holdings, LLC
ADDITIONAL CONDITIONS
Permit #40-96
Page 2 of 7
,C^" a0ilary placement or double handling of fill materials within waters or vegetated wetlands is not
5) No excavation shall take place at any time in any Coastal Wetiands or surrounding waters outside of the
alignment of the areas indicated on the attached workplan drawing(s).
6) The authorized 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 within the PNA shall be permitted. New dredging outside of the limits authorized by this
permit, including "kicking" with boat propellers, is not authorized. This prohibition shall be applied and
enforced throughout 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 marsh or surrounding waters.
8) No spoil material is to be placed within 30 feet of the normal high water line.
9) The disposal area effluent shall be contained by pipe, trough, or similar device to a point at or beyond
the normal low water 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 part of the dike
and a maximum distance from spillways to allow settlement of suspended sediments.
11) A water control structure shall be installed 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.
13) The diked disposal area shall be properly graded and provided a ground cover sufficient to restrain
erosion within 30 working days of project completion.
Shoreline Stabilization
14) The alignment of the authorized bulkhead shall be located landward of all Coastal Wetlands at the time
of construction.

PI
M
Oak Island Property Holdings, LLC Permit #40-96
Page 3 of 7
ADDITIONAL CONDITIONS
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 within 30 days, or erosion of the shoreline by adverse weather conditions, shall require the
alignment to be restaked by DCM within a maximum of 30 days prior to the new expected start of
construction.
16) This permit does not authorize the backfilling of the authorized bulkheads.
17) The bulkhead shall be solid and constructed of treated wood, concrete slab;, metal or vinyl sheet piles or
other suitable materials approved by Division personnel.
Marina
18) Prior to the occupancy of any new slips authorized under this permit, a marine pumpout sewage disposal
facility shall be 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 waste disposal information, at the entrance and exit from the main pier(s).
21) No sewage, whether treated or untreated, shall be discharged at any time from any boats using the
marina facility. Any sewage discharge at the marina facility 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.
22) - . This permit. -authorizes only the docks, piers, and other structures and uses located in or. over the 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 modification.
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 ovet 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) The permittee shall maintain the authorized work in good condition and in conformance with the terms
and conditions of this permit. The permittee is not relieved of this regrrirernent if he abandons the
permitted activity without having it transferred to a third party.

Oak Island Property Holdings, LLC Permit #40-96
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._"
27) The permittee shall 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 (AIWW), 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 AIWW was justified. Issuance of this permit shall not be construed, as relieving
the permittee of taking proper steps to insure the structure and moored boats will not be damaged by
wave wash normally to be expected in the AIWW.
29) As as -built survey shall be performed on the authorized docking structure and fueling facility, and
copies of the survey prov.ided 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.
30) This permitauthorizes a maximum of 55 formalized boat slips.
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 07H.0209(d)(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 permittee .should he/she 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).

_..
Oak Island Property Holdings, LLC Permit #40-96
Page 5 of 7
ADDITIONAL CONDITIONS
33) The-fe6'rally endangered West Indian'manatee',(Tric&i husmanalus), has beeri reported in North
Carolina waters. In order to protect the manatee, all m-watei work should be done between November 1
and May 31. If work must be done outside of this time frame, the permitted shall adhere to enclosed
guidelines, entitled "Precautions for General Construction in Areas Which May Be Used by the West
Indian Manatee in North Carolina".
Mitigation
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 EEP) 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. Army Corps of Engineers, the permittee shall execute and
cause to be recorded in the Brunswick County Register of Deeds the Conservation
Declaration/Restrictive 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 OaklslandResort and Marina"dated-January 27, 20'09'signed by'Mich e'l N.
Underwood in their natural and mitigated state in perpetuity, prior to the sale or conveyance of any lots
or oilier property within the subdivision. A final Survey rnap of the develop nent,'which clearly depicts
the surveyed areas of preservation, shall be recorded with the Brunswick County Register of Deeds at
the same time the 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 permittee 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 recorded 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 to the NC EEP and
provided a copy of 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 MOU 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 Erosion 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
approval has yet to be obtained, submit this plan to the Department of Environment and Natural
Resources, Land Quality Section, 127 Cardinal Drive Extension, Wilmington, NC 28405.

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 oft_
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 berms, etc.).
Stormwater Management
39) The N.C. Division of Water Quality approved this project under stormwater management rules of the
Environmental Management Commission under Stormwater 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 notice from the Corps of Engineers, to remove, relocate or alter the structural work or
obstructions caused thereby, without expense 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 authorizations 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.C. Division of Water Quality has authorized the proposed project under a General Water
Quality Certification (DWQ Project No. 08-0708), which was issued on 1/7/09.

Oak Island Property Holdings, LLC
Permit #40-96
Page 7 of 7
ADDITIONAL CONDITIONS
NOTE: _; , ,: ,: The U.S: Army Corps, of Engineers.has assigned the proposed project COE::
Action ID No. SAW-2007-03577. _ r•'rr
,

DEPARTMENT OF THE ARMY
WILMINGTON DISTRICT, CORPS OF ENGINEERS
69 DARLINGTON AVENUE
WILMINGTON, NORTH CAROLINA 28403-1343
REPLY TO
ATTENTION OF:
May 12, 2009
Regulatory Division
Action ID No. SAW-2007-03577
Mr. Doug Huggett
Division of Coastal Management
N.C. Department of Environment
and Natural Resources
400 Commerce Avenue
Morehead City, North Carolina 28557-3421
Dear Mr. Huggett:
D
nnur 1 5 2009
Morehead City DCM
Reference the application of Oak Island Properties, LLC for a Department of the Army
permit to construct 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.
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
attached plans, which are a part of this permit. Any modification to these plans must be approved
by the U.S. Army Corps of Engineers (USACE) prior to implementation.
2. The permittee understands and agrees that, if future operations by the United States
require the removal, relocation, or other alteration, of the structure or work herein authorized, or
if, in the opinion of the Secretary of the Army or his authorized representative, said structure or
work shall cause unreasonable obstruction to the free navigation of the navigable waters, the
permittee will be required, upon due notice from the U.S. Army Corps of Engineers, to remove,
relocate, or alter the structural work or obstructions caused thereby, without expense to the
United States. No claim shall be made against the United States on account of any such removal,
relocation, or alteration. The permittee shall notify NOAA/NATIONAL OCEAN SERVICE

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3. Except as specified in the plans attached to this permit, no excavation, fill or
mechanized land -clearing activities shall take place at any time in the construction or
maintenance of this project, in such a manner as to impair normal flows and circulation. patterns
within waters or wetlands or to reduce the reach of waters or wetlands.
4. The bulkhead will not be positioned farther waterward than 5 feet from the normal
water level elevation contour at any point along its alignment.
5. The docks and piers extending over wetlands will be elevated sufficiently (a
minimum of 3 feet) above the wetland substrate to prevent total shading of vegetation, substrate,
or other elements of the aquatic environment.
6. Except as authorized by this permit or any USACE approved modification to this
permit, no excavation, fill or mechanized land -clearing activities shall take place at any time in
the construction or maintenance of this project, within waters or wetlands. This permit does not
authorize temporary placement or double handling of excavated or fill material within waters or
wetlands outside the permitted area. This prohibition applies to all borrow and fill activities
connected with this project.
7. Unless otherwise authorized by this permit, all fill material placed in waters or
wetlands shall be generated from an upland source and will be clean and free of any pollutants
except in trace quantities. Metal products, organic materials (including debris from land clearing
activities), or unsightly debris will not be used.
8. 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 EEP) 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 Cane Fear River Basin, Cataloging Unit 03030005.
The Permittee shall execute and cause to be recorded in the Brunswick County Register of
Deeds the Conservation Declaration/Restrictive Covenants (see above) 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 Manna" 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, must be recorded with the Brunswick County Register of Deeds at the
same time the 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

-3-
watering or any other agricultural use on such conservation areas. The permittee 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 recorded Survey to the Corps of Engineers within
15 days of recording.
Construction within jurisdictional areas on the property shall begin only after the permittee
has made full payment to the NC EEP and provided a copy of 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 MOU between the North
Carolina Department of Environment and Natural Resources and the United States Army Corps
of Engineers, Wilmington District, dated November 4, 1998.
9. All mechanized equipment will be regularly inspected and maintained to prevent
contamination of waters and wetlands from fuels, lubricants, hydraulic fluids, or other toxic
materials. In the event of a spill of petroleum products or any other hazardous waste, the
permittee shall immediately report it to the N.C. Division of Water Quality at [phone],
Ext. 526 or [phone] and provisions of the North Carolina Oil Pollution and Hazardous
Substances Control Act will be followed.
10. The authorized structure and associated activity must not interfere with the public's
right to free navigation on all navigable waters of the United States. 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 for reason other than safety.
11. The permittee must install and maintain, at his expense, any signal lights and signals
prescribed by the U.S. Coast Guard, through regulations or otherwise, on authorized facilities.
For further information, the permittee should contact the U.S. Coast Guard Marine Safety Office
at [phone].
12. In order to protect juvenile fmfish resources, no excavation or filling activities will
be permitted between the dates of April 1 and September 30 of any year without the prior
approval of the North Carolina Division of Coastal Management and the U.S. Army Corps of
Engineers.
13. Prior to initiating construction activities, the permittee and his contractor will meet
onsite with a representative of the U.S. Army Corps of Engineers to discuss permit requirements
and to ensure the permittee has recorded in the Brunswick County Register of Deeds the required
Conservation Declaration/Restrictive Covenants.

ME
14. An earthen plug will be left between the inland canal/basin and the AIWW until all
excavation activities landward of the plug has been completed. In order to prevent sedimentation
in adjacent waters, 24 hours will be allowed to elapse before the plug is removed.
15. All excavated materials will be confined landward of the mean high water level
elevation contour and any vegetated wetlands.
16. All excavated materials will be confined landward of the mean high water level
elevation contour within adequate dikes or other retaining structures to prevent spillover of
dredged materials into any vegetated wetlands or surrounding waters.
17. 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.
18. 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.
19. 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 level elevation contour to prevent gully erosion and
siltation.
20. Excavation will not exceed -6.5 feet below the elevation of mean low water.
21. If the permittee discovers any previously unknown historic or archeological remains
while accomplishing the authorized work, he will immediately notify the Wilmington District
Engineer who will initiate the required coordination procedures.
22. Approval of the structure was based on determinations that there would be no
obstruction to navigation. Under conditions existing in the Atlantic Intracoastal Waterway
(AIW W), a possibility exists that the structure 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
should not be construed, as relieving the permittee of taking proper steps to insure the structure
and moored boats will not be damaged by wave wash normally to be expected in the AIW W.
23. The permittee shall advise the Corps in writing at least two weeks prior to beginning
the work authorized by this permit and again upon completion of the work authorized by this
permit.

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' 24. The permittee shall require its contractors and/or agents to comply with the terms and
conditions of this permit in the construction and maintenance of this project, and shall provide
each of its contractors and/or agents associated with the construction or maintenance of this
project with a copy of this permit. A copy of this permit, including all conditions, shall be
available at the project site during construction and maintenance of this project.
25. The permittee shall employ all sedimentation and erosion control measures necessary
to prevent an increase in sedimentation or turbidity within waters and wetlands outside the permit
area. This shall include, but is not limited to, the immediate installation of silt fencing or similar
appropriate devices around all areas subject to soil disturbance or the movement of earthen fill,
and the immediate stabilization of all disturbed areas. Additionally, the project must remain in
full compliance with all aspects of the Sedimentation Pollution Control Act of 1973 (North
Carolina General Statutes Chapter 113A Article 4).
26. 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 waterbody is 50 NTU's or less in all rivers not designated as trout waters by
the North Carolina Division of Environmental Management (NCDEM), 25 NTU's or less in all
saltwater classes and in all lakes and reservoirs, and 10 NTU's or less in trout waters, are not
considered significant.
27. The permittee, upon receipt of a notice of revocation of this permit or upon its
expiration before completion of the work will, without expense to the United States and in such
time and manner as the Secretary of the Army or his authorized representative may direct, restore
the water or wetland to its pre -project condition.
28. Violations of these conditions or violations of Section 404 of the Clean Water Act or
Section 10 of the Rivers and Harbors Act must be reported in writing to the Wilmington District
U.S. Army Corps of Engineers within 24 hours of the pemrittec's discovery of the violation.
29. The West Indian manatee (Trichechus manatus), which is listed as a federally
endangered species, has been reported in the waters in New Hanover County. In order to protect
the West Indian manatee all work should be done during the period from November 1 to May 31.
If work must be done during the period from June through October the enclosed guidelines,
entitled "Precautions for General Construction in Areas Which May Be Used by the West Indian
Manatee in North Carolina" must be followed.
30. Two copies of an as built survey of the authorized docking structure and fueling
facilities along the AIW W will be provided to our office for review for navigation concerns.

Im
Questions or comments may be addressed to Mr. Dave Timpy, Wilmington Field Office,
Regulatory Division, at [phone].
Copies Furnished:
Ms. Cyndi Karoly
Division of Water Quality
N.C. Department of Environment
and Natural Resources
2321 Crabtree Boulevard, Suite 250
Raleigh, North Carolina 27604-2260
Mr. Pete Benjamin
U.S. Fish and Wildlife Service
Fish and Wildlife Enhancement
Post Office Box 33726
Raleigh, North Carolina 27636-3726
Mr. Ron Sechler
National Marine Fisheries Service
Habitat Conservation Service
Pivers Island
Beaufort, North Carolina 28516
Mr. David Rackley
NMFS, Habitat Conservation Division
219 Fort Johnson Road
Charleston, South Carolina 29412-9110
Sin rely,
David L. Timpy, Project Manager
Wilmington Regulatory Field Office
Mr. Ronald J. Mikulak, Chief
Wetlands Regulatory Section
Water Management Division
U.S. Environmental Protection Agency
61 Forsyth Street, SW
Atlanta, Georgia 30303
Commanding Officer
U.S. Coast Guard Marine Safety Office
721 Medical Center Drive, Suite 100
Wilmington, North Carolina 28401-4895
Mr. Terry Moore, District Manager
Washington Regional Office
N.C. Division of Coastal Management
943 Washington Square Mall
Washington, North Carolina 27889
Mr. Steve Everhart
Division of Coastal Management
N.C. Department of Environment,
Health, and Natural Resources
127 Cardinal Drive Extension
Wilmington, North Carolina 28405

Howell, Jonathan
From: Timpy, David L SAW [[e-mail]]
Sent: Monday, June 08, 2009 4:29 PM
To: Howell, Jonathan
Subject: RE: Oak Island
It should be a 2:1 ratio. I'd say 2 x 0.0234= 0.05 ac. But 0.25 is OK also if that's what
they propose.
dave
-----Original Message -----
From: Howell, Jonathan [mailto:[e-mail]]
Sent: Monday, June 08, 2009 4:24 PM
To: Timpy, David L SAW
Subject: RE: Oak Island
Dave, they stated 0.25 of mitigation for the coastal marsh. Should it be
0.05 or 0.25? Thanks for the help.
Jonathan
-----Original Message -----
From: Timpy, David L SAW [mailto:[e-mail]]
Sent: Monday, June 08, 2009 4:17 PM
To: Howell, Jonathan
Subject: FW: Oak Island
Jonathan,
I believe we authorized what was proposed by the applicant. According to Gary Mitchel
there is an error, however.
Current authorization requires compensatory mitigation that includes 0.50 ac of 404
wetland restoration and 0.50 ac of coastal march mitigation. The proposed impacts, based on
the BID report are 1,022 sf (0.0234 ac) of coastal marsh and 4,491 sf (0.103ac ) of 404
wetlands. We accepted thier proposal for the EEP to provide the compensatory mitigation for
the proposed impacts.
It appears the error is the excessive amount of required coastal march restoration (0.50
ac). This should. be corrected to 0.05 ac of coastal marsh mitigation.
I advised Mr. Mitchel to contact your office and submit a modification request, to the
original proposal, for the reduced coastal marsh restoration of 0.05 ac.
Hope this is clear. If not, let me know.
The emails with Mr. Mitchel are provided below.
Dave Timpy
Regulatory Division
Project Manager
US Army Corps of Engineers
1

Wilmington District
Wilmington, North Carolina 28402-1890
Office: 910-251-4634
Fax: [phone]
Email:[e-mail]
Website: http://www.saw.usace.army.mil
The Wilmington District is committed to providing the highest level of
> support to the public. To help us ensure we continue to do so, please
> complete the Customer Satisfaction Survey located at our website at
> http://regulatory.usacesurvey.com/ .
-----Original Message -----
From: Timpy, David L SAW
Sent: Tuesday, April 21, 2009 1:28 PM
To: 'Gary Mitchell'
Subject: RE: Oak Island
Mr. Mitchell,
The email below with your later correction/confirmation is what was proposed and
approved by EEP and the Corps. Is this what you are requesting to modify? Am I correct?
Dave Timpy
Regulatory Division
Project Manager
US Army Corps of Engineers
Wilmington District
Wilmington, North Carolina 28402-1890
Office: 910-251-4634
Fax: [phone]
Email:[e-mail]
Website: http://www.saw.usace.army.mil
The Wilmington District is committed to providing the highest level of
> support to the public. To help us ensure we continue to do so, please
> complete the Customer Satisfaction Survey located at our website at
> http://regulatory.usacesurvey.com/ .
-----Original Message -----
From: Timpy, David L SAW
Sent: Thursday, March 05, 2009 4:31 PM
To: 'Gary Mitchell'
Subject: RE: Oak Island
This is what I have thus far. Please confirm. dave
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 EEP) in
the amount determined by the NC EEP, sufficient to perform the restoration of 0.50 acres of
2

riparian and 0.50 ac of coastal marsh wetlands in the Cape Fear River Basin, Cataloging Unit
03030005.
The Permittee shall execute and cause to be recorded in the Brunswick County
Register of Deeds the Conservation Declaration/Restrictive Covenants (see above) for the
purpose of maintaining approximately 3.67 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 permit plan sheet 3 of 13: Marina Area, Existing
Conditions dated April 15, 2008 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, must be recorded
with the Brunswick County Register of Deeds at the same time the 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 permittee 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 recorded Survey to the Corps of Engineers
within 15 days of recording.
Construction within jurisdictional areas on the property shall begin only after the
permittee has made full payment to the NC EEP and provided a copy of 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 MOU between the North Carolina Department of Environment and Natural Resources and the
United States Army Corps of Engineers, Wilmington District, dated November 4, 1998.
From: Gary Mitchell [mailto:[e-mail]]
Sent: Monday, March 02, 2009 2:28 PM
To: Timpy, David L SAW
Subject: Oak Island
David,
Hope the retreat was productive; glad you're back. I'm emailing you with regard to Oak Island
- have you had an opportunity to forward the Corps'
comments to Mr. Doug Hugget at DCM?
Thank you,
Gary A. Mitchell
The Clark Group
Post Office Box 10136
Wilmington, NC 28404-0136
Phone: [phone]
Facsimile: [phone]
3

Web: www.clarkgroup.us
This transmission (including attachments, if any) is intended for the use of the individual
or entity to which it is addressed and may contain information that is privileged,
proprietary, confidential and exempt from disclosure. If you are not the intended recipient,
you are notified that any dissemination, distribution or copying of the communication is
strictly prohibited. If you have received this communication in error, please notify the
sender and delete this transmission immediately.
Thank you
Email correspondence to and from this sender is subject to the N.C. Public Records Law and
may be disclosed to third parties.
4

Oak Island Property Holdings, LLC c/o Ronald McNeil, SAW-2007-...
Subject: Oak Island Property Holdings, LLC c/o Ronald McNeil, SAW-2007-03577, PRELIMINARY
Federal Comments
From: "Timpy, David L SAW" <[e-mail]>
Date: Thu, 22 May 2008 15:53:10 -0400
To: "Chad Coburn " <[e-mail]>, "Daniel Govoni" <[e-mail]>,
"Doug Huggett" <[e-mail]>, "Joanne Steenhuis" <[e-mail]>,
"Rich Weaver " <[e-mail]>
CC: "Bell, Taylor SAW" <[e-mail]>, "Hargrove, James T SAW"
<[e-mail]>, "Bullock, Roger D SAW"
<[e-mail]>, "Harris, Keith A SAW"
<[e-mail]>
A site inspection of the subject project was made today. In addition, the
Corps Navigation has completed its preliminary review of the subject project.
Based on review of the subject permit application and today's site
inspection, the Corps objects to the subject project as proposed. our
preliminary comments on this project are summarized below:
1. The proposed upland basin is partially located in the Corps ROW for the
AIWW. This permanent structure, as proposed, cannot be approved by this
office. We recommend that this basin be re -designed to eliminate all
permanent structures from the Corps ROW.
2. The proposed 587'x 11'8" floating dock is located along the Federal 80'
setback to the AIWW. This proposal also includes fuel facilities and a pump
out station on this floating dock. The Corps has navigation concerns, under
Section 10 of the Rivers and Harbors Act, with the location of this floating
dock. In addition, we have concerns with potential fuel spills from the
proposed fueling facility. We recommend that the floating dock be eliminated
from the subject proposal. We also recommend that the proposed fuel
facilities either be eliminated or relocated to a safer location such as
inside the proposed basin.
3. The permit application does not address stormwater. We are concerned
that the proposed project intends to utilize the existing wetlands on the
site for treatment of stormwater. The Corps would like more details on the
proposed stormwater plans.
4. It is our understanding there other concerns with this project expressed
by the resource agencies. Thus, the Corps recommends that an interagency
meeting be held on this project. This meeting should include an inspection
of the project site.
5. The Corps has not made a decision on the permit process that needs to be
used for this project. We will make this determination after we receive a
response to our recommendations stated above.
Dave Timpy
Regulatory Division
Project Manager
US Army Corps of Engineers
Wilmington District
Wilmington, North Carolina 28402-1890
Office: 910-251-4634
Fax: [phone]
Email:[e-mail]
Website: http://www.saw.usace.army.mil
of 2 5/23/2008 9:07 AM

RECEIVED
Project Narrative APR 1 0 2a
Oak Island Resort, Brunswick Coun&CM WILMINGTON, NC
CAMA Major Development Permit Application
February 12. 2008
Revised April 4, 2008 to address additional coastal wetlands mapping
(Revisions shown as bold italics)
Existing Conditions
The proposed project site is a 31.11 acre mostly undeveloped tract located along
the AIWW in Brunswick County immediately to the east of NC 133 Bridge. Previous
development, abandoned for some time, consisted of a fish house, ancillary small
buildings, restaurant, and associated docks and piers. The latter were approved under
DCM permit 40-96 for excavation which has been transferred to the current owner.
Vegetation includes areas of coastal marsh fringe along the AIWW
(approximately 1 acre) and drainage to the embayment to the east (0.2 acres), areas of
404 wetlands (4.67 acres) in the lower 1/3 of the tract, pine/scrub and grassed areas,
and upland loblolly and scrub for the northern % of the tract. A portion of the tract
associated with 3.14 acres of 404 wetlands was used as a debris dump by the Town of
Oak Island for several years but is now abandoned.
Additional mapping of coastal wetlands between the end of the existing
bulkhead and the riparian corridor line at the eastern corner of the property line
was requested. The area was flagged and surveyed on April 4, 2008. An area of
coastal wetlands is shown on the plats which may be have been affected by the
proposed dredging: approximately 25 square feet directly and 75 square feet
indirectly adjacent to the existing bulkhead bounded by the property boundary
and the low water contour.
The site falls under the jurisdiction of the Town of Oak Island and Brunswick
County. Current land uses surrounding the proposed development include single family
residences to the northeast, commercial to the north, and an operating boat yard to the
west.

The dredging permit (DCM 40-96) includes two areas with associated docks (18
slips plus 320 feet of side -to dockage" for average boat length of 35 feet) to a depth of -
6.5 NLW. The basin was permitted at 60 feet wide and 360 feet long along the eastern
shoreline. The associated docks suffered storm damage and have been partially
removed or are no longer in their permitted location.
By this application, it is requested that permit DCM # 40-96 issued to S&R
Properties (a Holding Company for Oak Island Resort) be transferred to the applicant:
Oak Island Property Holdings, LLC, 2443 South 415' Street, Wilmington, N. C., 28409,
Proposed Development
The proposed development includes two condominium towers with 222 units,
three smaller towers with 34 units, an upland marina, dry stack units, transient dock
along the AIWW, parking, and associated amenities including clubhouse, pool and
recreation areas. Water supply will be provided by Brunswick County and sewage by
the Southeast Brunswick Sanitary District. Erosion Control and Stormwater
Management plans have been approved by the appropriate agencies.
The tower's 135-foot height is in accordance with FAA regulations as the project
is near the County Airport. Architectural details of the buildings are not yet available.
An upland marina basin with depths of -8 feet NLW is proposed to provide
floating dockage for 55 slips and staging areas for the proposed dry stack facility
(building capacity of 224 units). Floating wave attenuators will be constructed for the
eastern approach into the upland basin. The basin has been redesigned to avoid a
significant portion of 404 and coastal wetlands and minimize wetland areas to provide
acceptable approach and navigational dimensions to the basin. Only thin 'peninsulas"
of 404 wetlands are proposed for dredging and the total area is 4,491 square feet. The
coastal wetlands area (1,022 square feet) is high coastal marsh in a previously
disturbed area bordered and interspersed by concrete/asphalt rip rap and portions of a
bulkhead.
Coastal wetland impacts were re-evaluated based on the updated survey.
Sheets 5, 7 and 8 of 13, now show a revised dredging foot print which avoids
proposed maintenance dredging of the northern comer between the existing
bulkhead and the floating docks, thereby avoiding direct and indirect impacts to
coastal wetlands. This modification reduces the area of maintenance dredging
from 21,475 square feet to 20,180 square feet. Likewise there is a reduction in
spoil volume from $175 cubic yards to 1,863 cubic yards.
It is not anticipated that the placement of the new bulkhead will impact
coastal wetlands. However, the final alignment of the new bulkhead adjacent to
slips 42, 43 and 44 should be selected based on DCM flagging.
The wetlands mitigation plan is currently irpM.1 �* mitigation is
APR 10 2008
DCM WILMINGTON, NC

RECEIVED
envisioned with the area on the eastern portion of the site between the uptgrR
and boundary as the logical location for 404 mitigation. Additionall , the area to the
south of the upland basin which is currently compacted but adja 16 W&*Wmt(AWdq
will be prepared and sprigged with Spartina.
A Wetlands Restrictive Covenants document is attached in draft form and
specific metes and bounds will be incorporated after plan review and mitigation area
delineation.
For the upland basin, material will be dredged by backhoe and trucked to the
upland diked de -watering area. No wetlands will be crossed or impacted by the trucking
route. Approximately 66,850 cubic yards of material will be dredged for the upland
basin.
The project proposes to maintenance dredge the existing permitted area and
provide for an additional depth of -1.5 feet NLW (from -6.5 to -8 feet NLW) to provide
entrance to the upland marina. Material will be hydraulically dredged and piped to the
upland diked area for de -watering. No wetlands will be crossed or impacted.
Approximately 1,863 cubic yards of material will be maintenance dredged.
Dredged material from existing and upland sources will be stored for de -watering
on site in an enclosed, diked spoil area at an elevation above NLW of +17 to +19 feet.
The dike elevation is sufficient for the proposed dredge volume of a total of 69,025
cubic yards. The source breakout is as follows: existing dredge area of 1,863 cy below
NLW and none above NLW; upland dredge area of 57,522 cy below NLW and 9.328
above NLW. De -watered material will be graded on site in accordance with the
approved Sedimentation and Erosion Control Plan.
The upland basin will provide 55 slips along floating docks and finger piers: 6,
55-foot slips; 31, 40-foot slips; 3, 50-foot slips; 6, 55-foot slips; and 9, 60-foot slips. The
35-foot slips will be equipped with boat lifts. Along the bulkhead will be a 6-foot wide
boardwalk, elevated over the wetlands. The bulkhead will be secured by "screw"
anchors into the substrate with no backfill in wetland areas.
The drop zone for the dry stack will be at ground level and bulkheaded. Two
platforms are provided to either side. Stack racks for 24 boats are located next to the
drop zone for temporary storage and staging.
Also proposed is a 485-foot floating dock parallel to the AIWW for transient
dockage and service. Fourteen transient slips will provide dockage to the public. Pump
out and fuel services will be available. The transient dock will be accessed by two 6-
foot wide boardwalks, elevated over the wetlands.
A full-time Dock Master and associated trained staff will man the facility. A
Marina Operations Manual and Emergency Spill Response Plan will be posted and in
effect.

Draft Restrictive Covenants Document
Oak Island Resort, Brunswick County, N. C.
February 12, 2008
The areas shown on the recorded plat (currently identified by Sheet 5 of 13, Proposed
Development in the DCM Application Package) delineates coastal and 404 wetland
areas as conservation areas which shall be maintained in perpetuity in their natural or
mitigated condition. No person or entity shall perform any of the following activities on
such conservation area:
a. Fill, grade, excavate or perform any other land disturbing activities.
b. Cut, mow, burn, remove or harm any vegetation.
c. Construct or place any roads, trails, walkways, buildings, mobile homes,
signs, utility poles or towers, or any other permanent or temporary structures.
d. Drain or otherwise disrupt or alter the hydrology or drainage ways of the
conservation area.
e. Dump or store soil, trash, or other waste.
f. Graze or water animals, or use for any agricultural or horticultural purpose.
This covenant is intended to ensure continued compliance with the mitigation condition
of the Clean Water Act authorization issued by the United States of America, U. S.
Army Corps of Engineers, Wilmington District, Action ID _ , and therefore may be
enforced by the United States of America. This covenant is to run with the land, and
shall be binding on the Owner, and all parties claiming under it.
M
RECEIVED
DCM WILMINGTON, NC
FEB 1 5 Z008

NCDENR
North Carolina Department of Environment and
Division of Coastal Management
Beverly Eaves Perdue James H. Gregson
Governor Director
May 7, 2009
Mr. Roger Schecter
Coastal Management Solutions
206 Margo Ct.
New Bern, NC 28562
Dear Mr. Schecter:
Natural Resources
Dee Freeman
Secretary
This is with reference to your request to modify State Permit #40-96, acting as agent for Oak Island
Property Holdings, LLC, which was issued to them on March 13, 2009. The permit expires on December 31,
2012. The action proposed in your submittal is to construct 10' wide boardwalks over §404 wetlands, an 8'
wide marina access with four 12' in length by 6' in width safety turn -outs, and to construct a 26' in length by
20' in width observation platform, which is adjacent to the Atlantic Intracoastal Waterway (AIWW), in the
Town of Oak Island, Brunswick County.
Upon reviewing the information provided, the Division of Coastal Management has determined that the
proposed action is consistent with existing State rules and regulations and is in keeping with the original
purpose and intent of the permit. This Letter of Refinement authorizes the modification of State Permit #40-96,
as described in your letter dated March 27, 2009 and dated received March 30, 2009 and plan dated as modified
March 25, 2009.
Please note this refinement does not alleviate the need to obtain any other state of federal permits,
including a modification of the state stormwater permit. By copy of this letter we are also notifying the U. S.
Army Corps of Engineers of our action. If you have any questions concerning the above or if I can be of any
other assistance, please advise.
Sincerely,
Doug Huggett
Major Permits Coordinator
cc: Dave Timpy, COE
Chad Coburn, DWQ
WiRO
400 Commerce Ave., Morehead City, NC 28557
Phone: [phone] \ FAX: [phone] Internet: www.nccoastalmanagement.net
An Equal opportunity \Affirmative Action Empbyer
ne
NorthCarolina
Natmally

Projects Issued
Subject: Projects Issued
From: Janet Simmons <[e-mail]>
Date: Wed, 07 Jan 2009 16:53:43 -0500
To: Doug Huggett <[e-mail]>, Ian McMillan <[e-mail]>,
[e-mail], Daniel Govoni <[e-mail]>, Stephen Rynas
<Stephen.Rynas @ ncmail.net>
CC: Chad Coburn <[e-mail]>
The following projects were issued on 1/6 & 1/7/09:
1) Oak Island Resort, DWQ # 08-0708 Brunswick *401
2) Atlantic Ocean Waterfront Resort, DWQ # 08-1688 Brunswick *No written concurrence
needed
3) Winding River, DWQ # 98-0310 V2 New Hanover *No written concurrence needed
4) Wright Street Drain Extension, DWQ # 08-1787 New Hanover *No written concurrence
needed
Janet Simmons
Administrative Assistant -Water Quality
NC Dept. of Environment & Natural Resources
127 Cardinal Drive Extension
Wilmington, NC 28405
Phone: [phone]
Fax: [phone]
[e-mail]
1 of 1 3/11/2009 9:27 AM

i
AMA�
NCDENR
North Carolina Department of Environment and Natural Resources
Michael F. Easley, Governor Division of Marine Fisheries
William G. Ross Jr., Secretary Dr. Louis S. Daniel III, Director
October 20, 2008 WE
MEMO TO: Doug Huggett OCT 2 9 2008
FROM: Rich Carpenter g& Jp� Morehead City DCM
SUBJECT: Oak Island Property Holdings, LLC, Brunswick County
The Division of Marine Fisheries has reviewed the modifications to the application
package for Oak Island Property Holdings, LLC and feels that the changes made to
the dredging depths, the side slope of the excavated area and the shift of the
transient dock to deeper water have satisfied the concerns of the Division.
127 Cardinal Drive Extension, Wilmington, North Carolina 28405
Phone: [phone] FAX: [phone] Internet: www.ncdmf.net
An Equal Opportunity / Affirmative Action Employer— 50 % Recycled 1 10% past Consumer Paper
n
One
NorthCarolina
Naturally

ICU UFA
APPLICATION for
Malor Development Permit
(last revised 12/27,06) .
North Carolina DIVISION OF COASTAL MANAGEMENT
1. PrimaryApplicanNLandownerinformation
Bu iness Name Proiect Name (it applicable)
'O U LT
A icant 1: First Name MI Last Name
e�Ei L
Applicant 2: First Name MI - .
Last Name
If additional applicants, please attach an additional page(s) with names listed.
Mailing Address PO Box City
�3 y
ZIP - �1 Sctr 117Gi County Phone No. r G
Qla S't�' 34 d>xt.
Street Address (if i anent from above)
Cih' State
Email
2. Agent/Contractor Information
Business Name
-. si3g U44 M&04a;A--
Agentl Co rr actor 1: FirsName
Agent/ Contractor 2: First Name
Mailing Address
ZIP
aaLz.)-
FAX No.
Street Address ff different from above)
Email
MI Last Name
0, .
MI Last Name
Po Box
Phone No. 1
Contractor p
City
<Form continues on back>
Stattet,
FAX No. N
ZIP
Phone No. 2
State Zlp
DCM WILMINGTON, NC
FEB 1 5 Z008

Form DCM MP-1 (Page 2.of 4)
APPLICATION for
Major Development Permit
3. Project Location
County (can be multiple) Street Address
Stale Rd. #
SebalwvisiwName c=D"WNr�,"LUkI City
StateZip
Phone No.
10 -& s ' 31 Ai' ext.
Lot No.(a) (if many, attach additional page wit
a. In which NC river basin is the project located?
C
.I
b. Nameof body oT water nearest to proposed project
44
c. Is the ter body identified in (b) above, natural a manmade?
atural [)Manmade -
❑Unknown
d. Name the closest major water body to the o
Proposed e.
e. Is pro ed work within city limits or planning jurisdiction? -
❑No
1.:.
f. If appl able, list the planning jurisdictionr city limit tes Eproposed
work falls within.
t.
4. Site Description
a. Total length of shoreline on the tract (ft.) b. Size of entire tract (sq.ft.)
� � r 13S
C. Siz f individ�lot(s) d. proximo a elevation of tract above NHW (normal high water) or
NN NWL (normal water lev
(if many lot sizes, please attach additional page with a list) /L; `¢r HW or [)N W L
e. Ve etation on tract EYRD
�i 4n�I-
�;tr;tuaYtv.�lnfft ; Gntq��,t+skeu�t�, e�,A�M��Mv�d.Fwws�
f. Man-made features and uses w tract
9( 12r> St w�`l1� txu'f/Ju� AS aft i Lj- 0_AV
�� �`�- i k�t�.l�totase gu6Gc��co6rc;a1
g. Identify and describe the existing land uses ad' l ent t� o the proposedpro act site.
h. How does local government zone the tract? i. Is the proposed project consistent with the applicable zoning?
CL'V (Attac oning compliance certificate. if ap li(�a6�1e)
es ❑No ❑NA D1'irl(`Gc
t� $ 7. o
I. Is the proposed activity part of an urban waterfront redevelopment proposal? ❑Yes
k. Has a professional archaeological assessment been done for the tract? If yes, attach a copy. ❑Yes o ['pIA
If yes, by whom?
1. Is the proposed project located in a National Registered Historic District or does it involve a ❑Yes 540 ❑NA
National Register listed or eligible property?
<Form continues on next page> DCM WILMINGTON, NC
FEB 1 5 Z008

Form DCM MP-1 (Page 3 of 4)
APPLICATION for
Major Development Permit
m. (1) Are there wetlands on the site? ff7es []No
(ii) Are there coastal wetlands on the site? es ❑No
(lit) If yes to either (I) or (il) above, has a delineation been conducted? ea ❑No
(Attach documentation, If available)
n. Describe existing wastewater treatment facilities. .
o. Describe existing drinking water supply source.
Q:.1U.-L LI
p, Describe existing storm water management or treatment systems.
5. Activlties and Impacts
a, Will the project be for commercial, public, or private use? Mdmmercial ❑Public/Govemment
❑Private/Community
b, Give a brief description of purpose, use, and daily operations of the project when complete.
(! oAD0
j( jj�Jt�t4t iOrJ PGEF�vrs for Ice
c. Describe the proposed construction methodology, types of construction equipment to be used during construction, the number of each type
of e
quipment andwhere it is to be stored.
d. List all development activities you propose.
A p k&WC � U1 �SIx�c Gfjt�pir+4�i Lit a 'j 6.0it-�RAJS-fY ,,,i.4 t:
e. Are the proposed activities ainlenance of an existing project, new work,
f. What is the approximate total disturbed la rea resulting Mom the proposed project? ❑sq.Fl or
C
g. Win ;ne proposed project encroach on any public easement, public accessway or other area ❑Yes o ❑NA
;hat the public has established use of?
n. Describe location and type of existing and proposed discharges to waters of Me state.-
�i�iSii�StuLFI,Fc�
`r%.:, •nas;awarer or stormwater be discharged into a wetland?
,f yes.. 'i :nls discharged water be of the same salinity as the receiving water?
l s there acy mltgation proposed? Lif es, attach a mitigation pro 01 t ,1/
� 6 �6, . �lo D�
<Form continues on back>
U'res ❑No ❑NA
❑Yes FKo ❑NA
No ❑NA
RECEIVED
DCM WILMINGTON. NC
FEB 1 5 2008

Form DCM MP-1 (Page 4 of 4)
APPLICATION for
Major Development Permit
6. Addltlonallnformat/on
In addition to this completed application form, (MP•1) the following Items below, If applicable, must be submitted In order for the application'
package to be complete. Items (a) - (Q are always applicable to any major development application, Please consult the application
Instruction booklet on how to properly prepare the required items below.
. A project narrative.
An accurate, dated work plat (including plan view and cross -sectional drawings) drawn to scale, Please give the present status of the
proposed project. Is any portion already complete? If previously authorized work, clearly indicate on maps, plats, drawings to distinguish .
between work completed and proposed.
FfA
to or location map that Is sufficiently detailed to guide agency personnel unfamiliar with the area to the site.
py of the dead(with state application only) or other Instrument under which the applicant claims tide to the affected properties.
appropriate application fee. Check or money order made payable to DENR.
t of the names and complete addresses of the adjacent waterfront (riparian) landowners and signed return receipts as proof that such
ers have received a copy of the application and plats by certified mail. Such landowners must be advised that they have 30 days in
which to submit commenis on the proposed project to the Division of Coastal Management.
Nam l hwiri_ - Phone No.
Aadresaq� C• &t c� �t9l�nra9vA� IJZ_ �+(e
Name C-%Z-K Qij v Phone No.
Address/ Aq� 1� mlzl� ana) ' J [ '-'A s4� g K J Lt b 3a
Name Phone No.
Address
g. A list of previous state or federal permits issued forwork on the protect tract.. Include permit numbers, permitlee, and issuing dates.
qL 12 �s 1t
. Signed consultant or agent authorization form, if applicable. ,
i W.
attend delineation, if necessary.
j. A signed AEC hazard notice for projects in oceanfront and inlet areas. (Must be signed by property owner)
k. A statement of compliance with the N.C. Environmental Policy Act (N.C.G.S. 113A 1-10). if necessary. If the project involves expenditure
of public funds or use of public lands, attach a statement documenting compliance with the North Carolina Environmental Policy Act.
I unaerstano trial any permit issued in response to this application will allow only the development described in the application.
The project will be subject to the conditions and restrictions contained in the permit.
I certify that I am authorized to grant, and do in fact grant permission to representatives of state and federal review agencies to
enter on the aforementioned lands in connection with evaluating information related to this permit application and follow-up
monitoring of the project.
I further ce ify that the information provided in this applicatin/QIs truthful to/ the b f my knowledge.
)
Date / Print Name Y w h 0
Signature
Pleaes dicate application attachments pertaining to your proposed project.
p✓3CM MP-2 Excavation and Fill Information ❑DCM MP-5 Bridges and Culverts
9P-3 Upland Development
XMP-4 Structures Information RECEIVED
DCM WILMINGTON, NC
FEB 1 5 2008

Form DCM MP-3
UPLAND DEVELOPMENT
(Construction and/or land disturbing activities)
Attach this form to Joint Application for CAMA Major Permit, Form DCM MP-1. Be sure to complete all other sections of the Joint
Application that relate to this proposed project. Please include all supplemental information.
GENERAL UPLAND DEVELOPMENT
a. Type and number of buildings, facilities, units or structures
proposed.
?.-FEU i,' &Ai co►rav k alto C�SL un�i sl :
9==
o�ct i
c. en tly (unil�r s andihe units per
acre).
e. If the proposed project will disturb more than one acre of land, the
Division of Land Resources must receive an erosion and
sedimentation control plan at least 30 days before land -disturbing
activity begins.
(i) If applicable, has a sedimentation and erosion control plan been
sub led to the Division of Land Resources?
7es [:]No ❑NA
(ii) If yes, list a date submitted:
a !nb
g. Give the percentage of the tract within the coastal shoreline AEC to
be covered by impervious and/or built -upon surfaces. such as
pavement, building, rooftops, or to be used for vehicular driveways
or parking.
i. Give the percentage of the entire tract to be covered by impervious
and/or built -upon surfaces, such as pavement, building, rooftops,
or to be used for
vehicular driveways or parking.
"lJ lj
j. Describe proposed method of sewage disposal.
I. Describe location and type of proposed discharges to waters of the
state (e.g., surface runoff, sanitary wastewater, industriall
commercial effluent. "wash down" and residential discharges).
110E 7 ViA- "]W&
b. Number of lots or parcels.
d. Size of area to be graded, filled, or disturbed including roads,
ditches, etc.
I. List the materials (such as mad, paver stone, asphalt, or concrete)
to be used for impervious surfaces.
^_ r,r {C.ot.�GVLei'E r�r3rtT t`jc�54.�►x�-r
h. Projects that require a CAMA Major Development Permit may also
require a Slormwater Certification.
(i) Has a site development plan been submitted to the Division of
Water Duality for review?
Eiii-b's ❑No ❑NA
(it) If yes. list the date submitted: �UNf' `jrr Di j 4Wfio"
k. Have the f ities described in Item (i) received state or local
appro
as ❑No ❑NA
If yes, tach appropriate documentation.
m. Does the proposed project include an innovative stormwater
design?
[]Yes o ❑NA
If yes. attach appropriate documentation.
RECEIVED
DCM WILMINGTON, NC
FEB 1 5 2008

"< of ^�
m. Describe proposed drinking water supply source (e.g., well,
community, public system, etc.)
<F 1A le u itl� `A-Ao:%
o. When was the lot(s) platted and recorded?
�u� a �l
Date
Project Name r� ^
Applicant (Yapte
Applicant Si azure
n. (i) Will water be impounded? []Yes UW6 ❑NA
(ii) If yes, how many acres?
p. If proposed development is a subdivision, will additional utilities be
install or this upland development?
es ❑No ❑NA
RECEIVED
DCM WILMINGTON, NC
FEB 1 5 2009

Form DCM MP-2
EXCAVATION and FILL
(Except for bridges and culverts)
Attach this form to Joint Application for CAMA Major Permit, Form DCM MP-1. Be sure to complete all other sections of the Joint
Application that relate to this proposed project. Please include all supplemental information.
Describe below the purpose of proposed excavation and/or fill activities. All values should be given in feet.
A��s
Boat
Groin
Rock
Other
(excluding
1`�Cr
o
N
Cana{_
vw t
�15—
'
Basin
42o
Boat Ramp
Rock
Breakwater
shoreline
stabilization
Length
Width
Avg,
gExisting
Depth
r
� /
NA
NA
Final Project
Depth
r
�-
C' �.
O
NA
NA
11. EXCAVATION _ ❑ This section not applicable
r-r
to be excavated from
cubic yards.. ,,./
c. (i) Does the area to be excavated include coastal wetlands/marsh
(CW ), submerged aquatic vegetation (SAV), shell bottom (SB),
or other wetlands (WL)? If any boxes are checked, provide the
nur�lser of square feet affected.
fffcWIIQU:%r ❑SAV _0_ 0S8 0
21 of r" ❑None
(ii) Describe the purpose of the excavation in these areas:
material to be excavated.
d. High -ground excavation in cubic yards.
Aokkl
12. DISPOSAL OF EXCAVATED MATERIAL ❑This section not applicable
a. Location of disposal area.
C. (i) Do yo claim title to disposal area?
es ❑No ❑NA
(A) If no, attach a letter granting permission from the owner.
e. (i) Does the disposal area include any coastal wetlandslmarsh
(CW), submerged aquatic vegetation (SAV), shell bottom (SB).
or other wetlands (WL)? If any boxes are checked, provide the
number of square feet affected.
❑cW ❑SA ❑SB
❑WL _ lone
(ii) Describe the purpose of disposal in these areas:
Dimensions of disposal area.
6t&o, < 4-,p '
d. (i) Will isposal area be available for future maintenance?
es ❑No ❑NA
(ii) If yes, where?
EM S6 -ice ` FA -
f. (i) Does the dispo I include any area in the water?
❑Yes (�❑NA
(ii) If yes, how muchwater area is affected?
RECEIVED
DCM WILMINGTON, NC
FEB 1 5 2008

3. SHORELINE STABILIZATION ❑This section not applicable
(if development is a wood groin, use MP-4 — Structures)
a. Type shoreline stabilization: - b. Length: 5
uI head ❑Riprap ❑Breakwater/Sill ❑Other: Width: i
c. Average distance waterward of NHW or NWL: d. Maximum distance waterward :,f NHW or NWL:
e. Type of stabilization material: I. (i) Has there been shoreline erosion during preceding 12
months?
42 Jim❑Yes ❑No QNK-
(ii) If yes, state amount of erosion and source of erosion amount
information.
g. Number of square feet of rill to be placed below water level. h.. Type of fill material.
Bulkhead backfill _ Riprap _ t (�. mA
BreakwaterlSill _ Other _
1. Source of fill material.
4. OTHER FILL ACTIVITIES ❑This section not applicable
(Excluding Shoreline Stabilization)
a. (i) Will fill material be brought to the site? []Yes o ❑NA b. (i) Will fill material be placed in coastal wetlands/marsh (CW),
suhmamed acualic veaetalion (SAW shell bottom (SB), or
It yes,
(ii) Amount of material to be placed in the water
(iii) Dimensions of rill area
(iv) Purpose of fill
a. How will excavated or fill material be kept on site and
controlled?
�dE'�ttUiFi��' �w� �{7go�,cpl� `61JYAJ� \l�J
c. (i) Will naviids be required as a result of the project?
❑gatiYes ❑NA
(6) If yes, explain what type and how they will be implemented.
other wetlands (WL)? If any boxes are checked, provide the
number of square feel affected.
❑CW ❑SA ❑SB
❑WL one
(ii) Describe the purpose of the fill in these areas:
b. What type of construction equipment will be used (e.g., dragline,
backhoe. or hydraulic dredge)?
1`�„�jc�AOU
d. CygZILIIRast'6e cr ad in transporting equipment to project
site? ❑Yes o ❑NA
(4) If yes. explain steps that wilt be taken to avoid or minimize
environmental impacts.
Date
Project Name Applicant
RECEIVED
DCM WILMINGTON, NC

. ='orm DC;.T 1?-:-4 ;Str at=.r: a., Pa:;-' 2 ;
2. DOCKING FACILITY/MARINA OPERATIONS ❑This section not appticabit
-.-k _r a.e r..n_..:__ ___:.__. ... I _ :_ _ 1 . ..
Toilets
otlets for patrons; Number. �_;_ location:
Sltl B
aatholding tank pumpout Give type and location:
s—
b. Describe treatment type and disposal location for all sanitary wastewal�w� �
n1.f-
c. Describe the disposal of solid waste, fish offal an/d' trash.
r
d. How will overboard discharge of sewage from boats be controlled?
e. (i) Give the location and number of 'No Sewage Discharge' signs proposed.
P.
(it) Give the location and number of'Pumpout Available' signs proposed.
f. Describe the special design, if applicable, for containing industrial type pollutants, such as paint, sandblasting waste and petroleum products.
g. Where will residue from vessel maintenance be disposed of?
h. Give the number of channel markers and "No Wake' signs proposed. O
i. Give the location of fuel handling facilities, and describe the safely measures planned to protect area water quality.
j. What will be the marina policy on ovemighl and live -aboard dockage?
_ r an
k. Describe design measures that promote boat basin flushing?
cO&Ma A
,?OS
I. It this project is an expansion of an existing marina, what types of services are cunenity provided?
EiC1S�iAt� �c�lrt-,3L�G1 �DCNr.� RECEIVED
DCM WILMINGTON, NC
FEB 1 5 2008

DCM MP-4 f 3tr; c',. r,2sr +Pa jn 3 of -;
m. Is th"arinaldocking facility proposed within a primary or secondary nursery area?
LWY@s ❑No
n. Is th arina/docking facility proposed within or adjacent to any shellfish harvesting area?
es [I No
o. Is the marina/docking facility proposed within or adjacent to coastal watianddmersh (CW), submerged aquatic vegetation (SAV), Mall bottom
(S9) or other wetiands (WL)? If any boxes are checked, provide the number of square feet affected.
G NIrt? Bli13SAV _ ❑SS _
L VV'La� 4❑None
p. Is the proposed marina/docking facility located within or within close proximity to any shellfish leases? ❑Yes 2140
If yes, give the name and address of the leaseholder(s), and give the proximity to the lease.
3. BOATHOUSE (including covered lilts) s section not applicable
a. (i) Is the boathouse structure(s):
❑Commercial ❑Public/Govemment ❑Privale/Community
(i() Number
(iii) Length
(iv) Width
Note: Roofed areas are calculated from dripline dimensions.
4. GROIN (e.g., wood, sheetpile, etc. if a rock groin, use MP-2, Excavation and Fill.) 1V(s section not applicable
a. (i) Number
(ii) Length
(iii) Width
5. BREAKWATER (e.g., wood, sheetpile, etc.) Is section not applicable
a. Length b. Average distance from NHW. NWL, or wetlands
C. Maximum distance beyond NHW, NWL or wetlands
6. MOORING PILINGS and BUOYS
a. Is the structure(s):
❑Commercial ❑Public/Governmenl ❑Private/Community
C. Distance to be placed beyond shoreline
Note: This shoved be measured from marsh edge, if present.
e. Arc of the swing _
section not applicable
b. Number
d. Description of buoy (color, inscription, size, anchor, etc.)
RECEIVED
DCM WILMINGTON, NC
FEB 1 5 2008

7. GENERAL
a. Proximity of structure(s) to adjacent riparian property lines b. Proximity of structure(s) to adjacent docking facilities.
q0'
rl-o `E4si i5' 4-s KlEv-1- 7a' 40
Note: For buoy or mooring piling, use arc of swing Including length
of vessel
c. /Wiiddtthh of water body
4W t
e. (i) Will navigati?no aids be required as a result of the project?
❑Yes 290 ❑NA
(il) If yes, explain what type and how they will be Implemented.
d. Water depth at waterward end of structure aK9 or NWL
— 91
S. OTHER [This section not applicable
a. Give complete description:
T . — — i.
Date
Ok � h 12�
Project Name F
Applicap(Name
Applicant ignatur
RECEIVED
DCM WILMINGTON, NC
FEB 1 5 2008

RECEIVED
Form DCM MP-2
EXCAVATION and FILL
(Except for bridges and culverts)
APR 10 2008
DCM WILMINGTON, NC
Attach this form to Joint Application for CAMA Major Permit, Form DCM MP-t. Be sure to complete all other sections of the Joint
Application that relate to this proposed project. Please include all supplemental information.
Describe below the purpose of proposed excavation and/or fill activities. All values should be given in feet.
As
'Gas.161Al
"
Rock Groin
Rock
Other
(excluding
Canal -
Boat Basin
Boat Ramp
Breakwater
shoreline
( o�
N
stabilization
Length
Width
rQr
Avg; Existing
�.t /.
NA
NA
Depth
Final Project
r
D �.
NA
NA
Depth
�-
1. EXCAVATION ❑This section not applicable
a. Amount of material to be excav ed fr m belo NHW' r NWL in
cubic yards.I lj*-5 C'k � d� m(
Q.,il�jai►'�'�5'L2�—
c. (t) Does the area to be excavated include coastal wetlands/marsh
(CW), submerged aquatic vegetation (SAV), shell bottom (SB),
or other wetlands (WL)? If any boxes are checked, provide the
number of square feet affected.
L7CW II QUffr ❑SAV —0— ❑SB 0
619 (,Cl1J t t- ❑None
(ii) Describe the purpose of the excavation in these areas:
,!,LC',%„_l; of 4
b. Type of material to be excavated.
d. High -ground excavation in cubic yards.
ot�' I1L &1 Q
Wigmzi 0
A&Wk
2. DISPOSAL OF EXCAVATED MATERIAL ❑This section not applicable
a. Location of disposal area.
C. (i) Do yoo claim title to disposal area?
Gilres ❑No ❑NA
(ii) If no, attach a letter granting permission from the owner.
e. (i) Does the disposal area include any coastal wetlands/marsh
(CW), submerged aquatic vegetation (SAV), shell bottom (SB),
or other wetlands (W L)? if any boxes are checked, provide the
number of square feet affected.
[]CW _ ❑SAV,— ❑SB
❑WL _ ane
(ii) Describe the purpose of disposal in these areas:
b. Dimensions of disposal area.
d. (i) yvjljAodtsposal area be available for future maintenance?
es []NO ❑NA
(ii) If yes, where?
(i) Does the dispo I include any area in the water?
[]Yeso❑NA
(ii) If yes, how much water area is affected?

�C r..,. ''r) ?11 J_.) 'c.r„V, I7 irr •.,I -W - ' of 2)
3. SHORELINE STABILIZATION
(if development is a wood groin, use Mp-4 _ Structures)
a. Type of shoreline stabilization:
031 ulkhead ❑Riprap ❑Breakwater/Sill ❑Other:
c. Average distance waterward of NHW or NWL:
173 *ocL 4„ M3 m ,R
e. Type of stabilization material:
g: Number of square feet of fill to be placed below water level.
Bulkhead backfill Riprap
Breakwater/Sill _ Other _
i.. Source of fill material.
-A
4. OTHER FILL ACTIVITIES
(Excluding Shoreline Stabilization)
a. (i) Will fill material be brought to the sii
If yes,
(ii) Amount of material to be placed in the water _
(iii) Dimensions of fill area _
(iv) Purpose of fill
❑This section not applicable
b. Length:
Width:
d. Maximum distance waterward of NHW or NWL:
-tx" b k
f. (I) Has there been shoreline erosion during preceding 12
months?
❑Yes 3116 ❑NA
(ii) If yes, state amount of erosion and source of erosion amount
information. '
h.. Type of fill material.
❑This section not applicable
b. (i) Will rill material be placed in coastal wetlands/marsh (CW),
submerged aquatic vegetation (SAV), shell bottom (Sa), or
other wetlands (WL)? If any boxes are checked, provide the
number of square feet affected.
❑CW _ ❑SAV ❑SB
OWL ne
(ii) Describe the purpose of the rill in these areas:
a. How will excavated or fill material be kept on site and erosion
controlled? b. What type of construction equipment will be used (e.g., dragline,
11- backhoe, or hydraulic dredge)?
Vb`Lla A72�4-r'a+Cfi `7nlr. -Jr, ,I nt�ro
r r�r�c.V. dtt-i\ � f--e r 'r
C. (1) Will navigatio92Laids be required as a result of the project? , d. (i) Will wetland a crossed in transporting ❑Yes � ❑NA site? es ❑No po g equipment to project
(Ii) If yes, explain what type and how they will be implemented. DNA
(ii) If yes, explain steps that will be taken to avoid or minimize
environmental impacts.
Date G L
Applicant e
Project Name
Applicant Sign ure F _.. V I v c
DCM WILMINGTON, NC
6 2007

Form DCM MP-4
STRUCTURES
(Construction within Public Trust Areas)
Attach this form to Joint Application for CAMA Major Permit, Form DCM MP-1. Be sure to complete all other sections of the Joint
Application that relate to this proposed project. Please include all supplemental information.
1. DOCKING FACILITY/MARINA CHARACTERISTICS
a. (i) G�Is,, the docking facility/marina: �� b.
OaCtommercial ❑Public/Government 24d'ate/Community
pier
�t'L
\^1111Vt'
ub�d.
c. (i) ock antl/o s
(ii) Number (
(III) Length
1
2
r
(iv) Width Il� ;
(v) Floating as❑No
T'V "r��Ni6
FtGq�1aC
e. (i) Are Platforms included? ri3le, ❑N99 n^�
If yes: �t'Ai Il ,,�gi�-^n�".tl'2 r.
(ii) Number 2
(iii) Length L 5 x.t`s • r�0� Ki 5
(iv) Width
(v) Floating es ❑No
Note: Roofed areas are calculated from dripline dimensions.
g. (i) Number
of
slips proposed Ta40-si-clt h.
'c ►1'sltJ t4 p,' �V (vl( �t
(ii) Number of slips existinglix N
❑This section not applicable
(i) Willpefacility be open to the general public?
es ❑No
Are Finger Piers included? ($Yes
❑No
-10
49pS/
(q
I
If yes:
Z
2
(ii) Number
(iii) Length
f �'
��
—46r
All 35re
(iv)Width
Ie'Z••
5
5'
45 4.5
(v) Floating
es
ONO /
(i) Are Boallifts included? es ❑No
III Number (0 V
(lii)Length I21
(iv) Width I2
Check all the types of services to be provided.
❑ Full service, including travel lift and/or rail, repair or
matintenance service
ocka e, fuel, and marine supplies ,,(
o�ckber of age ("wet slips') only, numlips:J -F FT
Lyery storage; number of boats.
Boat amp(s); number of boat ramps: Q
lher, please describe:
i. i�pen
aprDescribe the typical boats to be served (e.g., open runaboutcutc�A�he�artt�e�rr b��o--aat+�ts, sail boats. mixed types).
water; dredging for basin andlor channel Mill
❑Open :eater: no dredging required
❑Other; please describe:
k. Typical boat length: � '-i-<_•
m. (1) Will .e facility have tie pilings?
es ONO
(li`. If,,-s number of tie pilings?
I. (1) Will the cd-ty be open to the general public?
es ❑No
RECEIVED
DCM WILMIN(;TnN. NC
MAR 2 4 ?G08

Michael F. Easley, Governor
William G. Ross Jr., Secretary
r-
North Carolina Department of Environment and Natural Resources
I
�
Colern H. Sullins, Director
Division of Water Quality
May 30, 2008
DWQ Project # 08-0708
Brunswick County
CERTIFIED MAIL: RETURN RECEIPT REQUESTED
Cert. # 7007-0220-0000-8225-0854�(r s I?,!5jv
Oak Island Property Holdings, LLC t,
Mr. Ronnie McNeil JUN 4 2008
2443 South 4151 Street
Wilmington NC 28409 MoNahG-ad City bom
Subject Property: Oak Island Resort
REQUEST FOR MORE INFORMATION
Dear Mr. McNeil:
On April 16, 2008, the Division of Water Quality (DWQ) received your application to impact
approximately 20180 square feet (0.46 acres) of non -vegetated wetlands (open water), 0.103 acres of
404 wetlands, and 0.024 acres of coastal wetlands to construct five condominium buildings with
associated amenities, and upland marina basin, dry stack storage, and a transient dock with a fueling
facility and a wastewater pumpout station. The DWQ has determined that your application was
incomplete and/or provided inaccurate information as discussed below. The DWQ will require
additional information in order to process your application to impact protected wetlands and/or waters
on the subject property. Therefore unless we receive five copies of the additional information requested
below at the DWQ central office, we will have to recommend moving towards denial of your application
as required by 15A NCAC 211.0506 and will place this project on hold as incomplete until we receive
this additional information. Please provide the following information so that we may continue to review
your project.
Additional Information Requested:
The proposed upland basin is partially located within the U.S. Army Corps of Engineers
(USACE) ROW for the AIW W. You should contact the USACE to determine whether or not the
upland basin plan will need to be redesigned.
2. The floating dock is currently proposed to be installed parallel to the existing shoreline of the
AIWW in waters designated as SA by the DWQ and are designated as a Primary Nursery Area
(PNA) by the N.C. Division of Marine Fisheries. As proposed, a fueling facility and a
wastewater pump out station will be installed on the floating dock. The DWQ has serious
concerns with locating these facilities on the floating dock and recommends relocating them to
high ground. In addition, the water levels in this area range from 0' normal low water to —3'
North Carolina Division of Water Quality 127 Cardinal Drive Extension Phone [phone] Customer Servicel-877-623-6748
Wilmington Regional Office Wilmington, NC 28405-3845 FAX [phone] Internet h2o.enr.state.nc.us I�}Ct1lCazohna
An Equal Opportunity/Affirmative Action Employer— 50% Recydedl10% Post Consumer Paper
&MM1/u

Oak Island Property Holdings, LLC
Brunswick County
2008-0709
normal low water. By locating vessels in this area, especially during extreme low tides, there is a
high possibility that water quality standards for SA waters will be violated per 15A NCAC 02B
.0220 (1) & 15A NCAC 02B .0221. The DWQ recommends that the floating dock be eliminated
from the proposal. It is our understanding that the N.C. Wildlife Resources Commission and the
USACE have made these recommendations as well.
15A NCAC 7H .0208 (b) (1) (A) states, "Navigation channels and canals may be allowed
through narrow fringes of regularly and irregularly flooded coastal wetlands if the loss of
wetlands will have no significant adverse impacts on fishery resources, water quality or adjacent
wetlands, and, if there is no reasonable alternative that would avoid the wetland losses." The
project as proposed shows dredging that would result in the removal of coastal wetlands.
Demonstrate that there is no reasonable alternative that would avoid the loss of coastal wetlands.
Please respond within 30 days of the date of this letter by sending this information to me in writing and
five copies to Ian McMillan, 401 Wetlands Unit, 2321 Crabtree Blvd, Raleigh, NC 27604-2260. If we
do not hear from you within 30 days, we will assume that you no longer want to pursue this project and
we will consider the project as withdrawn.
This letter only addresses the application review and does not authorize any impacts to wetlands, waters
or protected buffers. Please be aware that any impacts requested within your application are not
authorized (at this time) by the DWQ. Please call me at 910-796-7215 or Ian McMillan at 919-733-
1786 if you have any questions regarding or would like to set up a meeting to discuss this matter.
Sincerely,
U //1,
Chad Coburn
Senior Environmental Specialist
cc: Doug Huggett — DCM Morehead City
Rich Weaver — DCM Morehead City
Heather Coats — DCM Wilmington
Ed Jackson — Shellfish Sanitation, Wilmington
Fritz Rhode — Marine Fisheries, Wilmington
Molly Ellwood — Wildlife Resources, Wilmington
Dave Timpy — USACE Wihnington Field Office
Ian McMillan — DWQ 401 Oversight and Express Unit
Central Files
WiRO

NCDENR
North Carolina Department of Environment and Natural Resources
Division of Marine Fisheries
Michael F. Easley, Governor
William G. Ross Jr., Secretary
MEMORANDUM
TO: Doug Huggett
Major Permits Processing Coordinator
FROM: Dr. Louis B. Daniel, III, Director
Division of Marine Fisheries
DATE: May 19, 2008
SUBJECT: CAMA / DREDGE AND FILL PERMIT
Oak Island Property Holdings, LLC c/o Ronald McNeil
Dr. Louis B. Daniel III, Director
\"eJ4l�sIV
MAV 9 1 7008
Morenwau amity DGM
I have reviewed the comments provided by the District Manager and/or Bio-Supervisor and
concur with their recommendation(s). 14
(� i 1--V 1 - /aol o p
Dr,;ouis-Daniel, III
Deputy Director, Date
Barbara Y. Lupton
Habitat Protection Section Date
Section Chief,
Anne Deaton
3441 Arendell Street, P.O. Box 769, Morehead City, North Carolina 28557
Phone: [phone] FAX: [phone] Internet: www.ncdmf.net
An Equal Opportunity I Affirmative Action Employer— 50 % Recycled 110% post Consumer Paper
NorthCarotina
Naturally

MEMORANDUM
May 12, 2008
TO: Doug Huggett
THROUGH: Anne Deaton
FROM: Fritz Rohde
SUBJECT: Oak Island Property Holdings
The following comments by the North Carolina Division of Marine Fisheries
(DMF) on the subject permit application are offered pursuant to G.S. 113-131. The DMF
objects to this project as proposed due to the significant adverse impacts such an activity
will have on the adjacent Primary Nursery Area.
The project is located on Old Bridge Road adjacent to the AIWW in Oak Island,
Brunswick County.
The applicant proposes to develop a condominium complex with amenities, basin
and docking facilities with fuel and pumpout. The waters of the AIWW are classified as
SA by the NC Division of Water Quality (DWQ) and as a Primary Nursery Area (PNA)
by DMF. The waters are not open to shellfishing.
A permit issued in 1986 authorized the excavation of a basin within the shallow
bay off the AIWW measuring 60 ft by 360 ft to a depth of-6.5 ft MLW. The applicant
proposes a box cut method of excavation within the basin and increasing the excavation
to —8 ft. Because the bottom sediment within this embayment is soft and fine, a box cut
would cause the adjacent shallow primary nursery area to slough off into the new
excavation. This would cause a significant adverse impact to this resource. To prevent
this impact from occurring, DMF requires the applicant to do a 2:1 side slope along the
eastern and western edges of the basin down to the original —6.5 ft. There is no
justification for increasing the depth.
The applicant is proposing a 587' long by 11'8" wide "floating" dock parallel to
the shoreline along the AIWW to provide transient dockage for vessels up to 35' as well
as fueling stations. Depths at MLW along the landward side of the proposed dock range
from 0' to —2 ft and from only —2 to .-3 ft along the waterward side. Given the large size
of this proposed dock and the shallow depths present in this area, if built it would cause
significant adverse impacts to the primary nursery area immediately underneath it.
Large vessels accessing the dock have the potential to prop dredge as they approach or
would rest on the bottom while moored. Also, the AIWW at this point is narrow and
boating traffic would severely hamper the refueling of vessels thus causing fuel spills,
and potentially could cause damage to any transients that moor there. DMF recommends
that the dock be eliminated from the proposal.

AMA-
NCDENR
North Carolina Department of Environment and Natural
Division of Coastal Management
MAY 1 3 2W8
Michael F. Easley, Governor James H. Gregson, Director William G. Ross Jr., Secretary
April 16, 2008
MEMORANDUM:
APR 1 6 2008
TO: Fritz Rohde
Division of Marine Fisheries
FROM: Doug Huggett, INC DENR-DCM Major Permits Coordinator
400 Commerce Ave., Morehead City, INC 28557 (Courier 11-12-09)
SUBJECT: CAMA / Dredge & Fill Major Permit Application Review
Applicant: Oak Island Property Holdings, LLC c/o Ronald McNeil
Project Location: on Old Bridge Rd., adjacent to the AIVWV, in Oak Island / Brunswick Co.
Proposed Project: development of condominium complex with amenities, basin and
plly �. docking facilities with fuel and pumpout
j 12eGd 2wtt�-c�i -&tar^"1Cr�19•Naa`'-DuukatL 0 N1av�13t2,00,3
Please indica w our agency's position or viewpoint on the proposed project and return
this form May 9, 200 If you have any questions regarding the proposed project, sll5�eg
contact Heather oats at [phone], when appropriate, in-depth comments with supporting
data is 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 project for reasons described in the attached
comments.
SIGNED DATE 0 U
127 Cardinal Drive Ext., Wilmington, North Carolina 28405-3845
Phone: [phone] FAX: [phone] Internet: www.nccoastalmanagement.net
An Equal Opportunity \ Affirmative Action Employer — 50% Recycled \ 10% Post Consumer Paper

COASTAL MANAGEMENT SOLUTIONS, INC
September 11, 2008
Doug Huggett
Division of Coastal Management
400 Commerce Avenue
Morehead City, N. C. 28557
SEP 1 2 2008
Morehead City CCPV
Re: Oak Island Resort Application
Dear Doug:
Enclosed is the revised application package for Oak Island Resort to accompany
the revised project Sheets, dated September 4, 2008, which you have received earlier.
These revisions reflect project modifications made in response to agency comments.
1. Project Sheets 1 through 13 include a new Sheet L-1 which provides details
regarding the proposed wetland mitigation plan. (submitted earlier)
2. A revised Project Narrative, with attachments, showing revisions.
3. Revised DCM Forms MP-2 (Excavation and Fill) and MP-4 (Structures). Note
that there are no revisions to MP-1(Application) or MP-3 (Upland Development).
Please let me know if you have any questions. I look forward to a timely review
by the respective agencies. Thank you for your time and assistance.
Sinc ly'
�'�
eryN. �checter
cc: Steve Saieed, Cape Fear Land Managers
206 Margo Court, New Bern, N. C. 28562 252-670-1393
schecter [e-mail]

Project Narrative
Oak Island Resort, Brunswick County
SEP 12 2008
Morehead City DCM
CAMA Major Development Permit Application
February 12, 2008
Revised April 4, 2008 to address additional coastal wetlands mapping
(Revisions shown as bold italics)
Revised September 11 2008: Changes based on agency comments
Revisions shown as underlined
Existing Conditions
The proposed project site is a 31.11 acre mostly undeveloped tract located along
the AIWW in Brunswick County immediately to the east of NC 133 Bridge. Previous
development, abandoned for some time, consisted of a fish house, ancillary small
buildings, restaurant, and associated docks and piers. The latter were approved under
DCM permit 40-96 for excavation which has been transferred to the current owner.
Vegetation includes areas of coastal marsh fringe along the AIWW
(approximately 1 acre) and drainage to the embayment to the east (0.2 acres), areas of
404 wetlands (4.67 acres) in the lower 1/3 of the tract, pine/scrub and grassed areas,
and upland loblolly and scrub for the northern '/z of the tract. A portion of the tract
associated with 3.14 acres of 404 wetlands was used as a debris dump by the Town of
Oak Island for several years but is now abandoned.
Additional mapping of coastal wetlands between the end of the existing
bulkhead and the riparian corridor line at the eastern corner of the property line
was requested. The area was flagged and surveyed on April 4, 2008. An area of
coastal wetlands was shown on the plats which may be have been affected by the
proposed dredging: approximately 25 square feet directly and 75 square feet
indirectly adjacent to the existing bulkhead bounded by the property boundary

and the low water contour.
The site falls under the jurisdiction of the Town of Oak Island and Brunswick
County. Current land uses surrounding the proposed development include single family
residences to the northeast, commercial to the north, and an operating boat yard to the
west. The proposed development is consistent with the recently amended Oak Island
Land Use Plan.
The dredging permit (DCM # 40-96) includes two areas with associated docks
("18 slips plus 320 feet of side -to dockage" for average boat length of 35 feet) to a
depth of -6.5 NLW. The basin was permitted at 60 feet wide and 360 feet long along
the eastern shoreline. The associated docks suffered storm damage and have been
partially removed or are no longer in their permitted location.
By this application, it is requested that permit DCM # 40-96 issued to S&R
Properties (a Holding Company for Oak Island Resort) be transferred to the applicant:
Oak Island Property Holdings, LLC, 2443 South 415L Street, Wilmington, N. C., 28409.
Proposed Development
The proposed development includes two condominium towers with 222 units,
three smaller towers with 34 units, an upland marina, dry stack units, transient dock
along the AIWW, parking, and associated amenities including clubhouse, pool and
recreation areas. Water supply will be provided by Brunswick County and sewage by
the Southeast Brunswick Sanitary District. Erosion Control 10/18/07 and Stormwater
Management 10/f 16/07) plans have been approved by the appropriate agencies.
The tower's 135-foot height is in accordance with FAA regulations as the project
is near the County Airport. Architectural details of the buildings are not yet available.
An upland marina basin with depths of -8 feet NLW was proposed to provide
floating dockage for 55 slips and staging areas for the proposed dry stack facility
(building capacity of 224 units). Proposed depths for the basin and channel have been
changed to -6.5 feet NLW, as conditioned by Permit # 40-96. Floating wave,attenuators
will be constructed for the eastern approach into the upland basin. The basin was
redesigned to avoid a significant portion of 404 and coastal wetlands and minimize
wetland areas to provide acceptable approach and navigational dimensions to the
basin. Current modifications to the basin move the basin edge outside of the Corps of
Engineers right-of-way. Only thin "peninsulas" of 404 wetlands are proposed for
dredging and the total area is 4,491 square feet. The coastal wetlands area ( was1,022
square feet) is high coastal marsh in a previously disturbed area bordered and
interspersed by concrete/asphalt rip rap and portions of a bulkhead. With the revised
basin now outside of the ROW, the coastal wetland impact has been reduced to 601 sf.
Coastal wetland impacts were re-evaluated in April of 2008 based on the
updated survey. Sheets 5, 7 and 8 of 13, show a revised dredging foot print

which avoids proposed maintenance dredging of the northern corner between the
existing bulkhead and the floating docks, thereby avoiding direct and indirect
impacts to coastal wetlands. This modification reduces the area of maintenance
dredging from 21,475 square feet to 20,180 square feet. Likewise there is a
reduction in spoil volume from 2,175 cubic yards to 1,863 cubic yards.
It is not anticipated that the placement of the new bulkhead will impact
coastal wetlands. However, the final alignment of the new bulkhead adjacent to
slips 42, 43 and 44 should be selected based on DCM flagging.
The wetlands mitigation plan is described in Attachment 1 to this document and
included as Sheet L-1 with the submitted plats. A 2:1 ratio mitigation purchase through
the N. C. Ecosystem Enhancement Program is proposed The majority of the
remaining wetlands will be placed in preservation for perpetuity. Additionally, the area
to the south of the upland basin which is currently compacted but adjacent to coastal
wetlands will be prepared and sprigged with Spartina.
A Wetlands Restrictive Covenants document is attached in draft form and
specific metes and bounds have been incorporated.
For the upland basin, material will be dredged by backhoe and trucked to the
upland diked de -watering area. No wetlands will be crossed or impacted by the trucking
route. Approximately 66,850 cubic yards of material will be dredged for the upland
basin.
The project proposes to maintenance dredge the existing permitted area and
provide for a depth of -6.5 feet NLW to provide entrance to the upland marina. In
of 2-to-1 to prevent sloughing. Material will be hydraulically dredged and piped to the
upland diked area for de -watering. No wetlands will be crossed or impacted.
Approximately 1,863 cubic yards of material will be maintenance dredged.
Dredged material from existing and upland sources will be stored for de -watering
on site in an enclosed, diked spoil area at an elevation above NLW of +17 to +19 feet.
The dike elevation is sufficient for the proposed dredge volume of a total of 69,025
cubic yards. The source breakout is as follows: existing dredge area of 1,863 cy below
NLW and none above NLW; upland dredge area of 57,522 cy below NLW and 9.328
above NLW. De -watered material will be graded on site in accordance with the
approved Sedimentation and Erosion Control Plan.
The upland basin will provide 55,slips along floating docks and finger piers: 6,
35-foot slips; 31, 40-foot slips; 3, 50-foot slips; 6, 55-foot slips; and 9, 60-foot slips. The
35-foot slips will be equipped with boat lifts. Along the bulkhead will be a 6-foot wide
boardwalk, elevated over the wetlands. The bulkhead will be secured by "screw"
anchors into the substrate with no backfill in wetland areas.

The drop zone for the dry stack will be at ground level and bulkheaded. Two
platforms are provided to either side. Stack racks for 44 boats are located next to the
drop zone for temporary storage and staging.
Also proposed is a 336.6 -foot floating dock parallel to the AIWW for transient
dockage and service. The dock has been reduced from 596.6 feet and shifted to
deeper water (average -4 feet NWL or deeper) to address agency concerns Twelve
transient slips will provide dockage to the public along the Waterway. Limited additional
transient dockage is available along a 145-foot dock adjacent to the entrance channel
Pump out and fuel services will be available. The transient dock will be accessed by a
6-foot wide boardwalk, elevated over the coastal wetlands. (Note: Sheets incorrect)
show the boardwalk over coastal wetlands as 10 feet wide over a 90+/- linear foot
distance. We acknowledge that the permit will condition this to be no greater than 6
feet and will adhere to that condition.)
Concern was expressed regarding providing fuel at this location due to the
in Attachment 3.
A full-time Dock Master and associated trained staff will man the facility. A
Marina Operations Manual and Emergency Spill Response Plan will be posted and in
effect.

ATTACHMENT
H
� YI
Y
'r THE CLARK GROUP
i•c
Ceo-Environmental Services
Land/Hydrographic Surveys
September 9, 2008
Mitigation Narrative
Re: Oak Island Marina
SAW 2007-3577
This correspondence is in regard to the tract of land located north of and adjacent to the Atlantic
Intracoastal Waterway, and east of and adjacent to SR 1210 (Old Bridge Rd SE) within the
Township of Smithville, County of Brunswick, and State of North Carolina henceforth referred to
as Oak Island Marina. The current and historical conditions of the site were commercial in nature;
there are remnants of a depilated fish house, seafood market, restaurant, and marina along with
various support facilities, docks, pilings, etc. The majority of the 404 wetland areas in and around
the proposed inland harbor site were a debris landfill for Oak Island (testing has been conducted
and no contamination was detected). Areas waterward of the existing abandoned fish house are
strewn with concrete, rock, steel rebar and various other debris, and have been sparsely inhabited
by colonies of coastal marsh.
Total 404 wetlands within the project area are 4.67 +/- acres, along with 1.12 +/- acres of coastal
wetlands. Of this total acreage, there will be an approximate one -tenth of an acre loss of 404
wetlands and loss of 601 square feet of sparsely colonized coastal marsh located within the
aforementioned debris littered area. The applicant proposes to purchase mitigation at a 2:1 ratio
through the North Carolina Ecosystem Enhancement Program and to place a deed restriction on
the majority of the remaining 404 wetlands, placing them in preservation for perpetuity. The areas
to be placed in preservation consist of 3.87 +/- acres as referenced on the enclosed metes and
bounds description and as indicated by blue shading on the enclosed exhibit. The language
utilized for the deed restriction will be consistent with that of the U.S. Army Corps of Engineers
and will read as follows:
"These areas shown on the recorded plat (identify the plat by title, date, and recording data) as
conservation areas shall be maintained in perpetuity in their natural or mitigated condition. No
person or entity shall perform any of the following activities on such conservation area:
Corporate Office: 5000 Blue Clay Rd. Castle Hayne, NC 28429 • P.O. Box 10136 Wilmington, NC
28404
[phone] Office 9 [phone] Facsimile 0 www.clarkgroup.us

a. fill, grade, excavate, dredge, mine, drill, or perform any other land disturbing
activities, such as, but not limited to, removal of topsoil, sand, gravel, rock minerals, or
other materials
b. cut, mow, burn, remove, or harm any vegetation
c. construct or place any roads, trails, walkways, buildings, mobile homes, signs, utility
poles or towers, or any other permanent or temporary structures
d. drain or otherwise disrupt or alter the hydrology or drainage ways of the conservation
area; or pollute or discharge into waters, springs, seeps, or wetlands
e. dump or store soil, trash, or other waste
f. graze or water animals, or use for any agricultural or horticultural purpose
This covenant is intended to ensure continued compliance with mitigation condition of the Clean
Water Act authorization issued by the United States ofAmerica, U..SArmy Corps of Engineers,
Wilmington District, Action ID, and therefore may be enforced by the United States ofAmerica.
This covenant is to run with the land, and shall be binding on the Owner, and all parties
claiming under it. "
All pile supported structures will be constructed in such a manner so as to promote and maintain
the integrity of the surrounding wetlands by allowing sufficient sunlight and circulations to occur
through separation from surface to decking by a minimum of 36" and by spacing deck boards to
allow for the infiltration of sunlight. However, it should be noted that boardwalks will be omitted
from deed restrictions so as to allow for normal maintenance and repair. Additionally, small areas
adjacent to preserved wetlands (as indicated in red on the enclosed exhibit) will be omitted from
deed restrictions as potential encroachment in these areas, such as mowing or pruning of
vegetation, would not be in keeping with the purpose of preserving in its natural state, but no
permanent impacts are proposed or anticipated at this time.

Metes and Bounds Description
0.79t Acres of 404 Wetland Areas for Oak Island Resort
Commence at an existing iron pipe located in the east line of Old Bridge Road (60'
Public Right -of -Way) at its intersection with the south line of Lot 45 as shown on
Plat of Survey for "S & R. Properties I, LLC" dated May 11, 2005, prepared by
Thomas W. Morgan, P.L.S.; the same also being final plat "Phase 1, Bridge Point"
recorded in Map Cabinet "R" Page 366 of the Brunswick County Registry; thence
along and with aforementioned Lot 45 south line South 83 degrees 35 minutes 25
seconds East a distance of 299.81 feet to an existing iron pipe; thence South 83
degrees 18 minutes 36 seconds East a distance of 25.15 feet to an existing iron
rebar located in east right-of-way line of 25' wide service road; thence South 22
degrees 02 minutes 41 seconds East a distance of 189.54 feet to the POINT' OF
B19GINNING; thence South 64 degrees 17 minutes 25 seconds East a distance of
30.94 feet to a point; thence South 62 degrees 47 minutes 54 seconds East a
distance of 30.71 feet to a point; thence North 47 degrees 03 minutes 41 seconds
East a distance of 17.97 feet to a point; thence South 08 degrees 35 minutes 24
seconds East a distance of 27.89 feet to a point; thence South 62 degrees 29
minutes 36 seconds East a distance of 29.67 feet to a point; thence South 70
degrees 47 minutes 17 seconds East a distance of 18.56 feet to a point; thence
South 44 degrees 30 minutes 23 seconds West a distance of 31.19 feet to a point;
thence North 79 degrees 03 minutes 22 seconds East a distance of 45.09 feet to a
point; thence South 57 degrees 01 minutes 38 seconds East a distance of 41.84 feet
to a point; thence South 68 degrees 59 minutes 08 seconds East a distance of 44.58
feet to a point, thence North 61 degrees 32 minutes 53 seconds East a distance of
22.74 feet to a point; thence South 30 degrees 55 minutes 58 seconds East a
distance of 44.29 feet to a point; thence South 21 degrees 06 minutes 17 seconds
East a distance of 38.25 feet to a point; thence South 11 degrees 19 minutes 13
seconds East a distance of 23.67 feet to a point thence North 58 degrees 24
minutes 30 seconds East a distance of 20.31 feet to a point; thence South 10
degrees 08 minutes 14 seconds West a distance of 59.22 feet to a point; thence
South 31 degrees 48 minutes 48 seconds West a distance of 27.50 feet to a point;
thence North 45 degrees 3 8 minutes 30 seconds East a distance of 36.24 feet to a
point; thence South 44 degrees 13 minutes 12 seconds West a distance of 80.76
feet to a point; thence North 86 degrees 26 minutes 06 seconds East a distance of
18.57 feet to a point; thence South 23 degrees 49 minutes 46 seconds West a
distance of 16.16 feet to a point; thence North 87 degrees 40 minutes 35 seconds
East a distance of 26.17 feet to a point; thence South 87 degrees 38 minutes 20
seconds West a distance.of 11.87 feet to a point; thence South 85 degrees 03
minutes 48 seconds West a distance of 31.06 feet to a point; thence South 12
degrees 36 minutes 17 seconds West a distance of 7.79 feet to a point; thence
South 10 degrees 22 minutes 13 seconds West a distance of 23.15 feet to a point;
thence North 79 degrees 22 minutes 45 seconds East a distance of 12.67 feet to a

point; thence South 12 degrees 57 minutes 39 seconds East a distance of 15.35 feet
to a point; thence South 00 degrees 57 minutes 04 seconds East a distance of 38.92
feet to a point; thence North 19 degrees 46 minutes 59 seconds West a distance of
18.13 feet to a point; thence South 37 degrees 20 minutes 51 seconds West a
distance of 20.71 feet to a point; thence South 03 degrees 24 minutes 20 seconds
West a distance of 14.34 feet to a point; thence North 22 degrees 46 minutes 42
seconds West a distance of 32.35 feet to a point; thence North 03 degrees 12
minutes 32 seconds West a distance of 52.63 feet to a point; thence North 06
degrees 16 minutes 04 seconds East a distance of 5.09 feet to a point; thence North
83 degrees 03 minutes 59 seconds East a distance of 6.46 feet to a point; thence
North 85 degrees 13 minutes 14 seconds East a distance of 10.87 feet to a point;
thence North 34 degrees 29 minutes 47 seconds East a distance of 15.18 feet to a
point; thence North 18 degrees 56 minutes 32 seconds East a distance of 7.71 feet
to a point; thence North 40 degrees 59 minutes 06 seconds West a distance of
18.35 feet to a point; thence North 03 degrees 58 minutes 38 seconds East a
distance of 17.83 feet to a point; thence North 03 degrees 35 minutes 31 seconds
West a distance of 29.56 feet to a point; thence North 13 degrees 07 minutes 54
seconds West a distance of 31.04 feet to a point; thence North 62 degrees 31
minutes 18 seconds East a distance of 43.55 feet to a point; thence South 35
degrees 42minutes 48 seconds East a distance of 25.04 feet to a point; thence
South 32 degrees 59 minutes 45 seconds East a distance of 16.25 feet to a point;
thence North 24 degrees 35 minutes 13 seconds West a distance of 42.28 feet to a
point; thence South 81 degrees 59 minutes 51 seconds West a distance of 38.01
feet to a point; thence South 63 degrees 12 minutes 12 seconds West a distance of
9.40 feet to a point; thence South 86 degrees 33 minutes 43 seconds West a
distance of 37.62 feet to a point; thence North 22 degrees 19 minutes 55 seconds
West a distance of 37.59 feet to a point; thence South 00 degrees 24 minutes 07
seconds West a distance of 5.99 feet to a point; thence North 66 degrees 11
minutes 28 seconds West a distance of 10.64 feet to a point; thence North 10
degrees 59 minutes 13 seconds West a distance of 14.68 feet to a point; thence
South 88 degrees 02 minutes 51 seconds West a distance of 28.59 feet to a point;
thence South 31 degrees 02 minutes 57 seconds East a distance of 69.20 feet to a
point; thence North 83 degrees 43 minutes 56 seconds West a distance of 3.09 feet
to a point; thence North 66 degrees 28 minutes 36 seconds West a distance of
78.07 feet to a point; thence South 76 degrees 35 minutes 28 seconds West a
distance of 50.27 feet to a point; thence North 36 degrees 01 minutes 09 seconds
East a distance of 32.85 feet to a point; thence South 78 degrees 10 minutes 29
seconds West a distance of 20.99 feet to a point; thence North 41 degrees 09
minutes 12 seconds East a distance of 25.00 feet to a point; thence North 03
degrees 39 minutes 41 seconds West a distance of 26.53 feet to a point; thence
North 31 degrees 48 minutes 12 seconds West a distance of 16.44 feet to a point;
thence North 48 degrees 25 minutes 57 seconds West a distance of 30.10 feet to a
point; thence North 37 degrees 32 minutes 42 seconds West a distance of 28.87

feet to a point; thence North 54 degrees 22 minutes 49 seconds East a distance of
15.51 feet to a point; thence North 62 degrees 46 minutes 39 seconds East a
distance of 30.20 feet to a point; thence South 86 degrees 29 minutes 32 seconds
West a distance of 35.97 feet to a point; thence North 21 degrees 35 minutes 50
seconds West a distance of 32.03 feet to a point; thence North 18 degrees 25
minutes 16 seconds East a distance of 22.17 feet to the POINT OF BEGINNING;
containing 0.79 acre, more or less.

Metes and Bounds Description
0.04f Acres of 404 Wetland Areas for Oak Island Resort
Commence at an existing iron rebar located in the west boundary line of "Barnes
Bluff Subdivision" recorded in Map Cabinet 20 Page 78 (sheet 2 of 2) of the
Brunswick County Registry; thence along and with said west boundary line of
"Barnes Bluff Subdivisioh" South 06 degrees 42 minutes 44 seconds West a
distance of 420.21 feet to an existing concrete monument (disturbed); thence
leaving said `Barnes Bluff Subdivision" South 09 degrees 49 minutes 59 seconds
West a distance of 102.74' feet to a point; thence North 89 degrees 38 minutes 12
seconds West a distance of 13.83 feet to a point; thence North 27 degrees 37
minutes 38 seconds West a distance of 23.16 feet to a point; thence North 59
degrees 45 minutes 58 seconds West a distance of 11.12 feet to a point; thence
North 52 degrees 18 minutes 56 seconds West a distance of 13.66 feet to a point;
thence North 72 degrees 12 minutes 14 seconds West a distance of 6.52 feet to a
point; thence North 27 degrees 39 minutes 49 seconds West a distance of 9.59 feet
to a point; thence North 66 degrees 47 minutes 17 seconds West a distance of
16.48 feet to the POINT OF BEGINNING; thence North 70 degrees 16 minutes
54 seconds West a distance of 36.47 feet to a point; thence North 26 degrees 27
minutes 28 seconds West a distance of 20.31 feet to a point; thence North 11
degrees 40 minutes 11 seconds East a distance of 13.36 feet to a point; thence
South 58 degrees 30 minutes 56 seconds West a distance of 10.79 feet to a point;
thence North 06 degrees 16 minutes 04 seconds East a distance of 19.94 feet to a
point; thence North 83 degrees 13 minutes 50 seconds East a distance of 17.78 feet
to a point; thence South 21 degrees 59 minutes 26 seconds East a distance of 11.65
feet to a point; thence North 83 degrees 52 minutes 36 seconds East a distance of
14.03 feet to a point; thence South 00 degrees 10 minutes 05 seconds West a
distance of 20.79 feet to a point; thence North 67 degrees 56 minutes 45 seconds
West a distance of 14.40 feet to a point; thence South 15 degrees 23 minutes 00
seconds West a distance of 17.22 feet to a point; thence North 87 degrees 31
minutes 54 seconds East a distance of 13.86 feet to a point; thence North 56
degrees 44 minutes 40 seconds East a distance of 26.11 feet to a point; thence
South 17 degrees 15 minutes 47 seconds West a distance of 15.91 feet to a point;
thence South 03 degrees 55 minutes 22 seconds West a distance of 18.33 feet to
the POINT OF BEGINNING; containing 0.04 acre, more or less.

Metes and Bounds Description
3.04t Acres of 404 Wetland Areas for Oak Island Resort
Commence at an existing iron pipe located in the east line of Old Bridge Road (60'
Public Right -of -Way) at its intersection with the south line of Lot 45 as shown on
Plat of Survey for "S & R Properties I, LLC" dated May 11, 2005, prepared by
Thomas W. Morgan, P.L.S.; the same also being final plat "Phase 1, Bridge Point"
recorded in Map Cabinet "R" Page 366 of the Brunswick County Registry; thence
along and with aforementioned Lot 45 south line South 83 degrees 35 minutes 25
seconds East a distance of 299.81 feet to an existing iron pipe; thence South 06
degrees 41 minutes 01 seconds West a distance of 111.64 feet to the POINT OF
BEGINNING; thence South 80 degrees 54 minutes 20 seconds West a distance of
23.48 feet to a point; thence South 79 degrees 17 minutes 22 seconds West a
distance of 28.37 feet to a point; thence North 76 degrees 33 minutes 59 seconds
West a distance of 35.07 feet to a point; thence South 61 degrees 45 minutes 49
seconds West a distance of 19.03 feet to a point; thence South 43 degrees 10
minutes 23 seconds West a distance of 20.45 feet to a point; thence South 83
degrees 25 minutes 06 seconds West a distance of 25.71 feet to a point; thence
South 17 degrees 53 minutes 32 seconds West a distance of 30.37 feet to a point,
thence North 76 degrees 50 minutes 37 seconds West a distance of 29.42 feet to a
point; thence South 53 degrees 54 minutes 13 seconds West a distance of 26.65
feet to a point; thence North 49 degrees 09 minutes 05 seconds West a distance of
12.34 feet to a point; thence North 65 degrees 38 minutes 25 seconds West a
distance of 9.86 feet to a point; thence North 11 degrees 06 minutes 43 seconds
West a distance of 38.38 feet to a point; thence North 52 degrees 36 minutes 25
seconds East a distance of 8.68 feet to a point; thence North 30 degrees 53 minutes
01 seconds West a distance of 6.71 feet to a point; thence South 80 degrees 54
minutes 31 seconds West a distance of 17.25 feet to a point; thence North 67
degrees 42 minutes 37 seconds West a distance of 7.52 feet to a point; thence
North 30 degrees 34 minutes 46 seconds East a distance of 24.40 feet to a point;
thence North 83 degrees 51 minutes 29 seconds West a distance of 31.83 feet to a
point; thence South 84 degrees 41 minutes 07 seconds West a distance of 22.22
feet to a point; thence South 18 degrees 44 minutes 21 seconds East a distance of
12.21 feet to a point; thence South 37 degrees 26 minutes 40 seconds East a
distance of 19.68 feet to a point; thence South 83 degrees 43 minutes 56 seconds
East a distance of 42.47 feet to a point; thence South 06 degrees 16 minutes 04
seconds West a distance of 10.51 feet to a point, thence South 25 degrees 40
minutes 04 seconds East a distance of 8.38 feet to a point; thence South 08 degrees
29 minutes 48 seconds East a distance of 24.47 feet to a point; thence South 13
degrees 16 minutes 32 seconds East a distance of 21.13 feet to a point; thence
North 46 degrees 07 minutes 13 seconds West a distance of 15.14 feet to a point;
thence South 62 degrees 58 minutes 17 seconds West a distance of 12.12 feet to a
point; thence South 25 degrees 16 minutes 45 seconds East a distance of 12.12 feet

to a point; thence South 57 degrees 29 minutes 51 seconds West a distance of
27.46 feet to a point; thence South 79 degrees 53 minutes 51 seconds West a
distance of 18.81 feet to a point; thence North 50 degrees 49 minutes 12 seconds
West a distance of 10.72 feet to a point, thence North 41 degrees 05 minutes 11
seconds West a distance of 11.49 feet to a point; thence South 47 degrees 10
minutes 57 seconds West a distance of 20.63 feet to a point; thence South 61
degrees 59 minutes 27 seconds East a distance of 19.31 feet to a point; thence
South 00 degrees 01 minutes 14 seconds West a distance of 22.28 feet to a point;
thence South 11 degrees 03 minutes 12 seconds West a distance of 16.12 feet to a
point; thence South 14 degrees 39 minutes 48 seconds East a distance of 25.18 feet
to a point; thence South 03 degrees 44 minutes 21 seconds East a distance of 27.74
feet to a point; thence South 66 degrees 12 minutes 32 seconds West a distance of
34.01 feet to a point; thence South 13 degrees 45 minutes 54 seconds West a
distance of 38.00 feet to a point, thence South 11 degrees 12 minutes 59 seconds
West a distance of 28.73 feet to a point; thence South 83 degrees 43 minutes 56
seconds East a distance of 32.16 feet to a point; thence North 13 degrees 09
minutes 30 seconds East a distance of 31.75 feet to a point; thence South 40
degrees 12 minutes 00 seconds East a distance of 38.32 feet to a point; thence
South 54 degrees 34 minutes 57 seconds East a distance of 22.16 feet to a point;
thence North 67 degrees 05 .minutes 47 seconds East a distance of 10.51 feet to a
point; thence South 60 degrees 51 minutes 43 seconds East a distance of 25.82 feet
to a point; thence following along a curve to the right (Arc=16.75' , Radius=10.00')
a chord which bears North 82 degrees 45 minutes 13 seconds East a chord distance
of 14.86 feet to a point; thence following along a curve to the right (Arc=16.75' ,
Radius=10.00') a chord which bears South 01 degrees 15 minutes 50 seconds East
a chord distance of 14.86 feet to a point; thence South 59 degrees 32 minutes 34
seconds East a distance of 10.55 feet to a point; thence North 60 degrees 01
minutes 21 seconds East a distance of 14.57 feet to a point; thence North 72
degrees 25 minutes 04 seconds East a distance of 24.31 feet to a point; thence
South 57 degrees 14 minutes 47 seconds East a distance of 19.68 feet to a point;
thence North 89 degrees 26 minutes 45 seconds East a distance of 25.64 feet to a
point; thence South 37 degrees 09 minutes 19 seconds East a distance of 23.00 feet
to a point; thence South 12 degrees 27 minutes 42 seconds West a distance of
24.35 feet to a point; thence South 08 degrees 08 minutes 42 seconds East a
distance of 23.66 feet to a point; thence following along a curve to the right
(Arc=85.07' , Radius=52.00') a chord which bears South 41 degrees 04 minutes 51
seconds East a chord distance of 75.89 feet to a point; thence South 75 degrees 47
minutes 42 seconds East a distance of 23.03 feet to a point; thence South 29
degrees 56 minutes 01 seconds West a distance of 5.16 feet to a point; thence
South 72 degrees 32 minutes 11 seconds East a distance of 19.35 feet to a point;
thence North 74 degrees 26 minutes 47 seconds East a distance of 27.80 feet to a
point; thence Soµth 10 degrees 35 minutes 40 seconds East a distance of 24.53 feet
to a point; thence South 87 degrees 39 minutes 39 seconds East a distance of 17.52

feet to a point; thence South 47 degrees 22 minutes 14 seconds East a distance of
24.24 feet to a point; thence South 41 degrees 45 minutes 40 seconds West a
distance of 22.90 feet to a point; thence North 72 degrees 48 minutes 13 seconds
East a distance of 13.15 feet to a point; thence North 43 degrees 36 minutes 09
seconds East a distance of 5.33 feet to a point; thence South 62 degrees 13 minutes
14 seconds East a distance of 12.47 feet to a point; thence South 20 degrees 54
minutes 58 seconds East a distance of 19.66 feet to a point; thence South 79
degrees 15 minutes 28 seconds West a distance of 21.46 feet to a point; thence
South 56 degrees 58 minutes 06 seconds West a distance of 18.68 feet to a point;
thence South 01 degrees 53 minutes 10 seconds East a distance of 23.24 feet to a
point; thence South 51 degrees 34 minutes 58 seconds West a distance of 12.05
feet to a point; thence South 06 degrees 16 minutes 04 seconds West a distance of
4.03 feet to a point; thence South 83 degrees 43 minutes 56 seconds East a distance
of 60.59 feet to a point; •thence North 29 degrees 16 minutes 20 seconds East a
distance of 17.06 feet to a point; thence North 29 degrees 40 minutes 43 seconds
East a distance of 19.42 feet to a point; thence North 27 degrees 37 minutes 22
seconds West a distance of 30.21 feet to a point; thence South 81 degrees 21
minutes 34 seconds East a distance of 30.00 feet to a point; thence North 85
degrees 57 minutes 44 seconds East a distance of 15.90 feet to a point; thence
North 06 degrees 16 minutes 04 seconds East a distance of 44.53 feet to a point;
thence North 57 degrees 05 minutes 28 seconds West a distance of 8.76 feet to a
point; thence South 85 degrees 18 minutes 08 seconds West a distance of 19.35
feet to a point; thence North 18 degrees 59 minutes 49 seconds East a distance of
34.47 feet to a point; thence North 43 degrees 42 minutes 47 seconds East a
distance of 17.73 feet to a point; thence North 06 degrees 29 minutes 45 seconds
East a distance of 30.55 feet to a point; thence North 13 degrees 45 minutes 08
seconds East a distance of 33.01 feet to a point; thence North 47 degrees 49
minutes 27 seconds West a distance of 39.74 feet to a point; thence North 36
degrees 04 minutes 12 seconds West a distance of 26.71 feet to a point; thence
North 13 degrees 23 minutes 24 seconds East a distance of 12.82 feet to a point;
thence North 47 degrees 25 minutes 50 seconds West a distance of 20.78 feet to a
point; thence North 05 degrees 33 minutes 06 seconds West a distance of 39.31
feet to a point; thence North 21 degrees 24 minutes 1.1 seconds West a distance of
27.64 feet to a point; thence North 14 degrees 22 minutes 43 seconds West a
distance of 28.16 feet to a point; thence North 19 degrees 52 minutes 53 seconds
East a distance of 35.73 feet to a point; thence North 04 degrees 53 minutes 00
seconds West a distance of 32.25 feet to a point; thence South 37 degrees 51
minutes 39 seconds West a distance of 32.24 feet to a point; thence North 62
degrees 04 minutes 37 seconds West a distance of 16.83 feet to a point; thence
North 82 degrees 33 minutes 51 seconds West a distance of 40.96 feet to a point;
thence North 46 degrees 25 minutes 25 seconds West a distance of 28.75 feet to a
point; thence North 08 degrees 32 minutes 28 seconds East a distance of 28.87 feet
to a point; thence North 51 degrees 21 minutes 41 seconds East a distance of 29.87
3

feet to a point; thence North 09 degrees 09 minutes 14 seconds West a distance of
27.82 feet to a point; thence North 00 degrees 20 minutes 03 seconds West a
distance of 24.70 feet to a point; thence North 09 degrees 46 minutes 43 seconds
West a distance of 26.75 feet to the POINT OF BEGINNING; containing 3.04
acre, more or less.

ATTACHMENT
Marina's Providing Fuel Along the Intracoastal Waterway Within or Adjacent to Primary Nursery Areas
Onslow County
Swan Point Marina
New River Marina
Pender County
Harbor Village Marina Fuel Dock
New Hanover County
Bradley Creek Marina
Wilmington Marina Center
Oceana Marina
Brunswick County
South Harbor Village
Blue Water Point Marina
Holden Beach Marina
Pelican Point Marina
Adjacent and across PNA (Map 23)
Adjacent and across PNA (Map 23)
Within PNA (Map 22)
Within Permanent Secondary, and
Adjacent to PNA (Map 27)
Within PNA (Map 27)
Within PNA (Map 27)
Within PNA (Map 30)
Adjacent to Permanent Secondary (Map 29)
Within PNA (Map 28)
Within PNA (Map 28)
Sources: Dozier's Waterway Guide: Mid -Atlantic, 2008
Division of Marine Fisheries PNA Maps
Note: Map references above refer to DMF PNA Maps

ATTACHMENT
From: Miles MacQueen [[e-mail]]
Sent: Tuesday, July 01, 2008 1:06 PM
To: [e-mail]
Subject: Oak Island Resort
Roger,
With apologies for the delay, here are the highlights:
Fuel System Construction
1. If a boat were to pull away from the fuel dock with a nozzle in his fill, there will be a break away valve
in the fuel hose to minimize the impact of this event.
2. If a boat were to crash the dock and overturn the dispenser, there will be a shear valve in the sump
under the dispenser to minimize the impact of this event.
3. If a storm were to rip the entire fuel dock from its pilings, there will be solenoid valves in the sump at
the top of the access gangway to minimize the impact of this event.
4. The fuel piping inside the docks will be high quality UL/ULC971 product piping inside flexible metal
conduit, and the fuel piping on land will be high quality polyethylene flex pipe inside secondary PVC
containment.
5. All threaded connections within the product piping system will be contained within a sump (stainless
on the floating docks and polyethylene on land). Liquid sensors will be installed in every sump and will
sound an audible and visual alarm should any liquid accumulation be detected.
Fuel System Operations
6. All fuel sales will be supervised by an attendant (there is no state or federal agency that currently
certifies fuel attendants - to our knowledge - but there are several private consulting firms that can
provide this training).
7. Emergency shut-off switch will be installed on dock to allow attendant to shut-off power to fuel pumps
and open solenoid valves in case of emergency.
8. Automatic nozzles will shut-off fuel supply if fuel backs up within fill pipe on boat.
9. Hold -open devices on the fill nozzles will be disabled, which will require someone to have a hand on
the fuel nozzle at all times.
10. A spill response plan will be kept on -site, and spill response procedures will be practiced on a bi-
annual basis with local remediation crews.
Which is to say that we believe our fuel system is safe, and our fueling procedures are safe.
Thanks,
Miles MacQueen
Marina Installations Group

114 Portwatch Way • Suite 103
Wilmington, NC 28412
[phone] mobile
[phone] office
[phone] fax
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Checked by AVG.
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06._�r
AA
NCDENR MAY P 9 2008
North Carolina Department of Environment and Natural Resources
Division of Coastal Management "nnnrs olty ©GM
Michael F. Easley, Governor James H. Gregson, Director William G. Ross Jr., Secretary
April 16, 2008 X�_
MEMORANDUM: o APt, 2008
RECL, v M
TO: Molly Ellwood co ci
WiRO Cansr,ation
� Program
INC Wildlife Resources Commission Sx
FROM: Doug Huggett, NC DENR-DCM Major Permits Coordinator
400 Commerce Ave., Morehead City, INC 28557 (Courier 11-12-09)
SUBJECT: CAMA / Dredge & Fill Major Permit Application Review
Applicant: Oak Island Property Holdings, LLC c/o Ronald McNeil
Project Location: on Old Bridge Rd., adjacent to the AIVVVV, in Oak Island / Brunswick Co.
Proposed Project: development of condominium complex with amenities, basin and
docking facilities with fuel and pumpout
Please indicate below your agency's position or viewpoint on the proposed project and return
this form by May 9, 2008. If you have any questions regarding the proposed project,
contact Heather Coats at [phone], when appropriate, in-depth comments with supporting
data is requested.
REPLY: This agency has no objection to the project as proposed.
SIGNED
This agency has no comment on the proposed project.
This agency approves of the project only if the recommended changes are
incorporated. See attached. —�
>ject for reasons described in the attached
DATE �� �% 6
127 Cardinal Drive Ext., Wilmington, North Carolina 28405-3845
Phone: [phone] FAX: [phone] Internet: www.nccoastalmanagement.net
An Equal Opportunity \ Affirmative Action Employer- 50% Recycled \ 10% Post Consumer Paper

® North Carolina Wildlife Resources Commission
MEMORANDUM
To: Doug Hugged
NC DENR-DCM Ma'or permits Coordinator
From: Molly Ellwood��/G" _
Southeastern Permit Coordinator
Habitat Conservation Program
Date: May 15,2008
RE: Oak Island Property Holdings, LLC; Brunswick County
Biologists with the North Carolina Wildlife Resources Commission (NCWRC) have reviewed the subject
application for impacts to wildlife and fishery resources. Our comments are provided in accordance with
provisions of the Coastal Area Management Act (G.S. 113A-100 through 113A-128), as amended, and
the Fish and Wildlife Coordination Act (48 Stat. 401, as amended; 16 U.S.C. 661 et seq.).
Oak Island Property Holdings, LLC is proposing a major modification to DCM state permit #40-96 to
construct five condominium towers and amenities, a 55 slip marina, and a floating dock along the AIWW
The site is located on Old Bridge Road, adjacent to the AIW W in Oak Island, Brunswick County. Waters
are currently designated as primary nursery area (PNA) by the Division of Marine Fisheries (DMF), SA
by the Division of Water Quality, and are closed to shellfishing.
Proposed upland development will disturb 21 acres, resulting in an estimated 59% of impervious surface.
Appropriate Erosion and Sedimentation Control and Stormwater Plans were both approved in October
2007. Maintenance dredging is proposed for the area originally permitted by state permit #40-96, where
the applicant proposes to hydraulically dredge 1,863 cubic yards of material, increasing the originally
permitted depth of -6.5' NLW to -8' NLW through a box cut method. An entrance channel and upland
basin are proposed for the creation of the manna, and a 587' long
bslipstfor vessels wide floating
o dock
ck35'iis length
is to be
W
constructed parallel to the shoreline along the AIW , providing g
and a fueling facility and pumpout station.
We have the following concerns and recommendations:
Placement of the floating dock, as currently proposed, would have it in waters that range from 0'
NLW to -3' NLW in depth and are designated as PNA. Due to the shallow depths in the area
during normal lows, we are concerned with the significant impacts to this area from sections of
the dock "sitting" on the substrate during normal low tides, especially during times of extreme
low tides. Furthermore, impacts to the shallow bottom from prop dredging and resting on the
vision of Inland Fisheries • 1721 Mail Service Center • Raleigh, NC
Telephone: [phone] • Fax: [phone]

Oak Island Property Holdings, Brunswick County 2
May 15 2008
bottom from vessels up to 35' in length along this floating dock. We recommend that the
proposed floating dock be redesigned or eliminated to mitigate for these impacts to the PNA.
The NCWRC is concerned with the potential for fuel spilling at the proposed locations for the
fueling locations due to wave action from regular traffic along the AIW W. We recommend that
the fueling facility be relocated to an area with less wave action to reduce the potential for any
spills.
Map 7 submitted with the permit application depicts that dredging of the entrance channel would
result in the removal of coastal wetlands, particularly for slips numbered 43, 47, 48, 49, 53 and
54. 15A NCAC 7H .0208 (b)(1)(A) states that navigational channels are not to impact coastal
wetlands unless "there is no reasonable alternative that would avoid the wetland losses." Please
clarify as to how the aforementioned slips are needed within this entrance channel and how there
was no reasonable alternative that would reduce these impacts to the greatest extent possible to
the coastal wetlands on this site.
Creation of the upland basin would be through a box cut method of excavation and do to the
nature of the sediment in the area and the adjacent shallow PNA, we are concerned with the
tendency for the fine, sandy material in the area to slough off from the PNA into the new
dredging area. We concur with the recommendations provided by the DMF pertaining to
appropriate slopes and depths to reduce the amount of adverse impacts to the PNA at this
location.
Thank you for the opportunity to review and comment on this project. If you have any further questions
or concerns, please contact me at [phone].
CC: Heather Coats, DCM
Fritz Rohde, DMF

Recommendations for State Permit —Oak Island Property Holdings, LLC. 4/15/Q
The construction of the facility would provide docking space for a total of 55 vessels within the upland basin and 14 vssels
along the AI W W. The impacts to coastal wetlands are not necessary for the viability of the entrance channel, which seems be
inconsistent with NCAC 07H .0208 (b)(5XA), stating "marinas shall be sited in non -wetland areas or in deep waters (area not
requiring dredging) and shall not disturb valuable shallow water, submerged aquatic vegetation, and wetland habitats, exceptfor
dredging necessary for access to high ground sites." The removal or relocation of Slips 47-50 would eliminate all impactsto
coastal wetlands on the south side of the facility and would still allow adequate access to the marina. Because the coastal
wetlands north of the existing bulkhead and proposed entrance channel are not clearly depicted on the plans, additional impacts
may result from the project if constructed precisely as shown. A permit condition requiring the bulkhead aliamnent to be staked
and verified by DCM prior to coggmcfiauxDu1d4a&= rsee recommended condition
EWFV�rthermore, a mitigation plan has not been submitted at this time to compensate for the impacts to §404 wetlands. The
increase in dredge depth is also likely to impact additional shallow bottom within PNA due to sloughing and appears to be
inconsistent with NCAC 07H .0208(bxl)(J) which states that "maintenance excavation in canal, channels and boat basins
within primary nursery areas and beds of submerged aquatic vegetation shall be avoided" unless the applicant meets the
condition criteria including (iv) which states that "the original depth and width of a human -made or natural channel wi 11 not be
increased to allow a new or expanded use of a channel". Finally, the project should become compliant with the Oak Island Land
Use Plan prior to the issuance of a permit. It is recommended that any permit issued should include the following conditions:
1. This permit authorizes only the docks, piers, and other structures and uses located in or over the water that are expressly
and specifically set forth in the permit application. No other structures, whether floating or stationary, may become a
permanent part of the structure without permit modification. No non -water dependent uses of structures may be
conducted on, in, or over public trust waters without permit modification.
2. 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.
3. The authorized structure and associated activity must not cause an unacceptable interference with navigation and shall
not exceed the established pier line and 1/4 width of the waterbody.
4. The permittee must install and maintain, at his expense, any signal lights and signals prescribed by the U.S. Coast Guard,
through regulations or otherwise, on authorized facilities.
5. In order to protect water quality, runoff from the construction must not visibly increase the amount of suspended
sediments in adjacent waters.
6. This permit does not authorize the interference with any existing or proposed Federal project, and, the permittee will 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.
7. The permittee will maintain the authorized work in good condition and in conformance with the terms and conditions of
this permit. The permittee is not relieved of this requirement if he abandons the project without having the permit
transferred to a third -party.
8. Any portion of the permitted access pier and docking facilities built over coastal wetlands must not exceed six feet in
width and must be elevated a minimum of three feet over the wetland substrate as measured from the bottom of the
decking.
9. This permit authorizes a maximum of sixty-nine (69) boat slips. At no time shall more than sixty-nine vessels be moored
or docked at the facility. At no time shall more than fourteen vessels be moored or docked at the floating dock located
on the AI W W nor shall any vessels be moored or docked anywhere but on the waterward side of the floating dock. The
restriction of the number of vessels shall apply to all marine vessel types, ;;i
, t 44natc4lo.mo torboats, sailing
vessels and personal watercraft. i1 81008

10. Prior to the occupancy of any new slips authorized under this permit, a marine pumpout sewage disposal facilitywill be
installed and operable, and maintained for the life of the marina.
11. The marina/docking facility will display a sign showing the location of the nearest/on-site pumpout facility, including
other appropriate waste disposal information, at the entrance and exit from the main pier(s).
12. No sewage, whether treated or untreated, shall be discharged at any time from any boats using the marina/docking
facility. Any sewage discharge at the marina/docking facility 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.
13. The pier/boathouse and associated structures shall have a minimum setback distance of 15 feet between anyparts of the
structure and the adjacent property owner's riparian access corridor, which is determined by drawing a line parallel to
the channel, then drawing a line perpendicular to the channel line that intersects with the shore at the point where the
upland property line meets the water's edge.
14. In order to protect juvenile shrimp/finfish/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.
15. Excavation will not exceed -8 feet below the mean low/normal water level. In no case shall the depth of excavation
exceed the depth of connecting waters.
16. An earthen plug/silt screen shall be left between the area to be excavated and the existing canal/river/creek/sound and a
24 hour period after completion of excavation will elapse prior to plug removal to prevent unnecessary siltation into the
adjacent water body.
17. No vegetated coastal wetlands/marsh grass will be excavated or filled except for the areas shown as impacted on the
plans.
18. No excavation shall take place within 10 feet of any Coastal Wetlands except for the areas shown as impacted on the
plans.
19. No excavated or fill material will be placed at any time in any vegetated wetlands/marsh or surrounding waters outside of
the alignment of the fill area indicated on the workplan drawing(s).
20. The alignment of the permitted bulkhead shall be staked by the permittee and verified by a representative of the Division
of Coastal Management within a maximum of 30 days prior to the start of any construction. Upon verification by
Division of Coastal Management, the approved bulkhead alignment shall be surveyed prior to construction. Failure to
survey approved alignment and initiate construction within 30 days, or erosion of the shoreline by adverse weather
conditions, shall require the alignment to be re -verified by DCM and surveyed within a maximum of 30 days prior to the
new expected start of construction.
21. The authorized project is located within 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 within the PNA shall be permitted.
Dredging in any manner, including "kicking" with boat propellers, is not authorized. This prohibition shall be applied
and enforced throughout the entire existence of the permitted structure.
22. 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 spillover of solids into any marsh or surrounding waters.
'`t 23. The disposal area effluent will be contained by pipe, trough, or similar devi to a Quityator b�}�e"mean
„,.. 0
APR 1 8 2008
low/normal water level to prevent gully erosion and unnecessary siltation.
Morehead City DCM

24. The terminal end of the pipeline will be positioned at or greater than 50 feet from any part of the dike and a maximum
distance from spillways to allow settlement of suspended sediments.
25. A water control structure will be installed at the intake end of the effluent pipe to assure compliance with water quality
standards.
26. The diked disposal area will be constructed a sufficient distance from the mean high water level or any marsh to
eliminate the possibility of dike erosion into surrounding wetlands or waters.
27. The dike/back fill material/disposal area/disturbed areas will be properly graded and provided a ground cover sufficient
to restrain erosion within 30 working days of project completion.
28. The spoil disposal area must be inspected and approved by a representative of the Division of Coastal Management prior
to the commencement of any dredging activities.
29. No spoil material is to be placed within 30 feet of the normal high water line, except that which will be used to backfill
the area behind the permitted bulkhead.
30. The bulkhead/riprap will not extend waterward from the mean high/normal water level at any point along its alignment
at the time of construction.
31. No backfill material is to be placed behind the permitted bulkhead.
32. The bulkhead must be structurally tight so as to prevent seepage of backfill materials through the structure.
33. The Division of Water Quality approval of this project under stormwater management rules of the Environmental
Management Commission is covered by way of Stormwater Permit No. SW8070685, which was issued on 10/17/07.
Any violation of the permit approved by the DWQ will be considered a violation of this CAMA permit.
34. The permitted activity will be conducted in such a manner as to prevent a significant increase in turbidity outside of the
area of construction or construction -related discharge. Increases such that the turbidity in the waterbody is 25 NTU's or
less in all saltwater classes are not considered significant.
35. Appropriate sedimentation and erosion control devices, measures or structures must be implemented to ensure that
eroded materials do not enter adjacent wetlands, watercourses and property (e.g. silt fence, diversion swales or berms,
sand fence, etc.).
36. Any development or land disturbing activity that is considered non -water dependent is not authorized within 30 feet of
the normal high water level unless specifically exempted by Coastal Resource Commission (CRC) regulations in place at
the time of such development.
37. Any building constructed shall comply with the North Carolina Building Code and the local flood damage prevention
ordinance as required by the National Flood Insurance Program.
NOTE: The building code or flood damage prevention ordinance may impose additional more restrictive requirements
than the Division's standards for development in areas of environmental concern (AECs).
NOTE: It is strongly recommended that the permittee exercise all available precautions in the day-to-day operatio fthe
facility to prevent facility waste from entering the adjacent waters. Such discharge, either directly orindirec� ,to
adjacent waters could contravene state water quality standards, thereby violating state lawa+r % i n�
APR 1 8 2G08
marenead City DCM

NOTE: The permittee is cautioned that this permit does not authorize the placement of tie piles in association with the
docking facility. Furthermore, due to the proximity of the AIW W, boats utilizing the docking facility will be
subject to frequent wavewash from passing vessels. The issuance of this permit does not relieve the permittee
from taking all proper steps to ensure the integrity of the structure and the safety of moored boats. The permittee
shall not hold the State of North Carolina or the United States liable for any damage to the structure or moored
boats.
NOTE: This permit does not eliminate the need to obtain any additional state, federal or local permits, approvals or
authorizations 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.
i�Criv� �
Morehead City DCM

Memorandum
To: Rich Weaver
From: Michael Christenbury, Wilmington District Planner
Subject: LUP Consistency Determination, Major Permit Application, Oak
Island Property Holdings, LLC— Brunswick County and Oak Island
Date: May 13, 2008
LUP Consistency Determination:
Provided all local, state and federal requirements can be met, this project.
appears to be consistent with the Brunswick County Land Use Plan and the
Oak Island Consolidated Land Use Plan:
The applicant proposes to construct five condominium buildings with associated
amenities, an upland marina basin, dry stack storage and transient dock with fuel and
pumpout. The project is located on Old Bridge Road, adjacent to the Atlantic Intracoastal
Waterway (AIWW), a portion of which is located within the Town of Oak Island as well
as a portion in unincorporated Brunswick County.
Areas of Environmental Concern (AEC's) impacted by the proposal are EW, PTA, ES
and CW. Waters at the project site are classified as SA and are not open to the harvesting
of shellfish. The area is a Primary Nursery Area.
I have reviewed this proposal for consistency with the 2007 Brunswick County Land Use
Plan, as well as the Oak Island Consolidated Land Use Plan (Long Beach and Yaupon
Beach) and offer the following comments.
The general area of the project is classified as Limited Transition and Conservation.
In general, the Brunswick County LUP and Oak Island Consolidated LUP both allows
development in Conservation and Limited Transition classified AECs which is consistent
with the State's minimum use standards. Both Land Use Plans contain some policies,
which exceed the State's minimum use standards. However, none of these standards
appear to be applicable to this proposal.
Provided all local, state and federal requirements can be met, this project appears to be
consistent with the Brunswick County and Oak Island Consolidated Land Use Plans.
Cc: File

NCDENR
North Carolina Department of Environment and Natural Resources
Division of Coastal Management
Michael F. Easley, Governor James H. Gregson, Director William G. Ross Jr., Secretary
April 16, 2008 Jr
MEMORANDUM: lL M
Ay 0 6 �eQa
TO:
FROM:
SUBJECT:
Applicant:
Project Location
Debra Benoy
Public Water Supply District Manager
/vllureraad City DCN
Doug Huggett, NC DENR-DCM Major Permits Coordinator
400 Commerce Ave., Morehead City, NC 28557 (Courier 11-12-09)
CAMA / Dredge & Fill Major Permit Application Review
Oak Island Property Holdings, LLC c/o Ronald McNeil
on Old Bridge Rd., adjacent to the AIVWV, in Oak Island / Brunswick Co.
Proposed Project: development of condominium complex with amenities, basin and
docking facilities with fuel and pumpout
Please indicate below your agency's position or viewpoint on the proposed project and return
this form by May 9, 2008. If you have any questions regarding the proposed project,
contact Heather Coats at [phone], when appropriate, in-depth comments with supporting
data is 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 project for reasons described in the attached
comments.
SIGNED DATE t Y _`X 6d
APR 1 6 2008
127 Cardinal Drive Ext., Wilmington, North Carolina 28405-3845
Phone: [phone] \ FAX: [phone] \ Internet: www.nccoastalmanagement.net
An Equal Opportunity \ Affirmative Action Employer - 50%, Recycled \ 10% Post Consumer Paper

AGA
3
NCDENR APR
North Carolina Department of Environment and Natural Resources
Division of Coastal Management'�°"''��
Michael F. Easley, Governor James regSon, Director William G. Ross Jr., Secretary
April 16, 2008 MAY !a 6 2008
MEMORANDUM:
gor"6
T90 City D�M APR 1 7 2008O: Renee Gledhill-Early
NC Dept. of Cultural Resources VeLMOSANOSTORMWATERBRANCH
Archives & History t_TzC? - 10 1$
FROM: Doug Huggett, NC DENR-DCM Major Permits Coordinator - wvv�
400 Commerce Ave., Morehead City, NC 28557 (Courier 11-12-09)�
S-
SUBJECT: CAMA / Dredge & Fill Major Permit Application Review
Applicant: Oak Island Property Holdings, LLC c/o Ronald McNeil 5I(41�Q
Project Location: on Old Bridge Rd., adjacent to the AIV\ N, in Oak Island / Brunswick Co
Proposed Project: development of condominium complex with amenities, basin and
docking facilities with fuel and pumpout
Please indicate below your agency's position or viewpoint on the proposed project and return
this form by May 9, 2008. If you have any questions regarding the proposed project,
contact Heather Coats at [phone], when appropriate, in-depth comments with supporting
data is 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 project for reasons described in the attached
comments.
SIGNED �,V LQL �aDATE ShsL
WdPL
127 Cardinal Drive Ext., Wilmington, North Carolina 28405-3845
Phone: [phone] \ FAX: [phone] \ Internet: www.nccoastalmanagement.net
An Equal Opportunity \ Affirmative Action Employer - 50% Recycled \ 10% Post Consumer Paper
APR 2 3 2008

NCDENR
North Carolina Department of Environment and Natural Resources
Division of Coastal Management
Michael F. Easley, Governor James H. Gregson, Director William G. Ross Jr. Secretary
April 16, 2008 p
JUAPR MAY p 1 2008
C;ItL� MEMORANDUM: I
SHELLFISH SANITATION
TO: Shannon Jenkins
APR 1 6 20lMoreh9ald QtY DCM
INC DENR
Shellfish Sanitation Section
FROM: Doug Huggett, NC DENR-DCM Major Permits Coordinator
400 Commerce Ave., Morehead City, NC 28557 (Courier 11-12-09)
SUBJECT: CAMA / Dredge & Fill Major Permit Application Review
Applicant: Oak Island Property Holdings, LLC c/o Ronald McNeil
Project Location: on Old Bridge Rd., adjacent to the AIV\AN, in Oak Island / Brunswick Co.
Proposed Project: development of condominium complex with amenities, basin and
docking facilities with fuel and pumpout
Please indicate below your agency's position or viewpoint on the proposed project and return
this form by May 9, 2008. If you have any questions regarding the proposed project,
contact Heather Coats at [phone], when appropriate, in-depth comments with supporting
data is requested.
REPLY: This agency has no objection to the project as proposed.
� This agency has no comment on the proposed project.
SIG
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
coRiments.
�ATE��
NE u
127 Cardinal Drive Ext., Wilmington, North Carolina 28405-3845
Phone: [phone] FAX: [phone] Internet: www,nccoastaimanagement.net
An Equal Opportunity 1 Affirmative Action Employer— 50% Recycled 110% Post Consumer Paper

AGA
NCDENR
North Carolina De(partment of Environment and Natural Resources
roision of Coastal Management
P
Michael F. Easley, Governor James H. Gregson, Director William G. Ross Jr., Secretary
April 16, 2008 I�Qi�bit cr�(iVto
MEMORANDUM: 1s 0 va
����� D
APR 3 a Zoos
TO: Anthony Law APR 1 7 2008
NC DOT Mlarahlead City DCM MR-wATERaUA111_1
Brunswick Co. WMWS AND sTMMWATERBRANCH
FROM: Doug Huggett, INC DENR-DCM Major Permits Coordinator
400 Commerce Ave., Morehead City, INC 28557 (Courier 11-12-09)
SUBJECT: CAMA / Dredge & Fill Major Permit Application Review
Applicant: Oak Island Property Holdings, LLC c/o Ronald McNeil
Project Location: on Old Bridge Rd., adjacent to the AIVWV, in Oak Island / Brunswick Co.
Proposed Project: development of condominium complex with amenities, basin and
docking facilities with fuel and pumpout
Please indicate below your agency's position or viewpoint on the proposed project and return
this form by May 9, 2008. If you have any questions regarding the proposed project,
contact Heather Coats at [phone], when appropriate, in-depth comments with supporting
data is 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. Se�a#aefted. A "➢2ivEWit, 9 CO2o4t T le/oiz
This agency objects to the project for reasons described in the attached
---comments.
SIGNED DATE i3
127 Cardinal Drive Ext., Wilmington, North Carolina 28405-3845
Phone: [phone] \ FAX: [phone] \ Intemet: www.nccoastalmanagement.net
An Equal Opportunity 1 Affirmative Action Employer - 50% Recycled 110% Post Consumer Paper

NCDENR
North Carolina Department of Environment and Natural Resources
Division of Coastal Management
Michael F. Easley, Governor James H. Gregson, Director William GJA
April 16, 2008
MEMORANDUM:
TO
FROM:
SUBJECT:
Applicant:
Project Location
Mark Zeigler
WiRO
Division of Community Assistance
MOr@/ APR 2 20p8 V�
iEaq,Ci�,OCk
Doug Huggett, NC DENR-DCM Major Permits Coordinator
400 G.Ommerce Ave Morehead City, INC 28557 (Courier 11-12-09)
CAMA / Dredge & Fill Major Permit Application Review
Oak Island Property Holdings, LLC c/o Ronald McNeil
on Old Bridge Rd., adjacent to the AIVWV, in Oak Island / Brunswick Co.
Proposed Project: development of condominium complex with amenities, basin and
docking facilities with fuel and pumpout
Please indicate below your agency's position or viewpoint on the proposed project and return
this form by May 9, 2008. If you have any questions regarding the proposed project,
contact Heather Coats at [phone], when appropriate, in-depth comments with supporting
data is 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 project for reasons described in the attached
comments.
SIGNED 4 /I _ JC a-,,5 (`19—r DATE L� '_/0�
127 Cardinal Drive Ext., Wilmington, North Carolina 28405-3845
Phone: [phone] FAX: [phone] Internet: www,nccoastalmanagement.net
An Equal Opportunity 1 Affirmative Action Employer — 50% Recycled 110% Post Consumer Paper

o�CF W ATF19
Ronald McNeill, Member/Manager
Oak Island Property Holding, LLC
2334 South 41 ' Street
Wilmington, NC 28403
Michael F. Easley, GovemornI �i `/
William G. Ross Jr, Secretary`-'3
North Carolina Department of Environment and Natural Resources
October 16, 2007
Subject: Stormwater Permit No. SW8 070685
Oak Island Resort
High Density Project
Brunswick County
Dear Mr. McNeill:
Coleen H. Sullins Director
Division of Water Quality
RECEIVED
4CT 2 2 2007
The Wilmington Regional Office received a complete Stormwater Management Permit Application
for Oak Island Resort on October 10, 2007. Staff review of the plans and specifications has
determined that the project, as proposed, will comply with the Stormwater Regulations set forth in
Title 15A NCAC 21-1.1000. We are forwarding Permit No. SW8 070685 dated October 16, 2007, for
the construction of the subject project.
This permit shall be effective from the date of issuance until October 16, 2017, and shall be subject
to the conditions and limitations as specified therein. Please pay special attention to the Operation
and Maintenance requirements in this permit. Failure to establish an adequate system for
operation and maintenance of the stormwater management system will result in future compliance
problems.
If any parts, requirements, or limitations contained in this permit are unacceptable, you have the
right to request an adjudicatory hearing upon written request within sixty (60) days following receipt
of this permit. This request must be in the form of a written petition, conforming to Chapter 150B of
the North Carolina General Statutes, and filed with the Office of Administrative Hearings, P.O.
Drawer 27447, Raleigh, NC 27611-7447. Unless such demands are made this permit shall be final
and binding.
If you have any questions, or need additional information concerning this matter, please contact
Rhonda Hall, or me at [phone].
Since-ely,
Edward Beck
Regional Supervisor
Surface Water Protection Section
ENB/rbh: S:\WQS\STORMWATER\PERMIT\070685.oct07
cc: J. Phillip Norris, P.W., Norris, Kuske & Tunstall Consultirg Engineers, Inc.
Brunswick County Building Inspections
Jeff Phillips, Brunswick County Engineering
Rhonda Hall
Wilmington Regional Office NorhCar na
Central Files ,,tiaafrrrr4,
North Carolina Division of Water Quality 127 Cardinal Drive Extension Wilmington, NC 29405 Phone [phone]:5 C E-I V ED
Wilmington Regional Office Internet: •.v,—.ncva eroual 1yore Fax [phone] DCM VYtL'�iAGTON, NC
An equal Cpportumy/Alfrmalive Action em;;layer-50% RecyWeNl(l% Post Consumes Paper vv1LMl'V
FEB 1 5 2008

State Stormwater Management Systems
Permit No. SW8 070685
STATE OF NORTH CAROLINA
DEPARTMENT OF ENVIRONMENT AND NATURAL RESOURCES
DIVISION OF WATER QUALITY
STATE STORMWATER MANAGEMENT PERMIT
HIGH DENSITY DEVELOPMENT
In accordance with the provisions of Article 21 of Chapter 143, General Statutes of
North Carolina as amended, and other applicable Laws, Rules, and Regulations
PERMISSION IS HEREBY GRANTED TO
Ronald McNeill, Oak Island Property Holding, LLC
Oak Island Resort
Brunswick County
FOR THE
construction, operation and maintenance of an underground infiltration trench(es) in
compliance with the provisions of 15A NCAC 2H .1000 (hereafter referred to as the
"stormwater rulesl and the approved stormwater management plans and specifications
and other supporting data as attached and on file with and approved by the Division or
Water Quality and considered a part of this permit.
This permit shall be effective from the date of issuance until October 16, 2017, and
shall be subject to the following specified conditions and limitations:
I. DESIGN STANDARDS
This permit is effective only with respect to the nature and volume of stormwater
described in the application and other supporting data.
This stormwater system has been approved for the management of stormwater
runoff as described in Section 1.7 on page 3 of this permit. The stormwater
control has been designed to handle the runoff from 440,937 square feet of
impervious area.
3. The system must be operated with a 50' vegetated filter.
The tract will be limited to the amount of built -upon area indicated on page 3 of
this permit, and per approved plans. The built -upon area for the future
development is limited to 90,000 square feet.
5. All stormwater collection and treatment systems must be located in either
dedicated common areas or recorded easements. The final plats for the project
will be recorded showing all such required easements, in accordance with the
approved plans.
RECEIVED
Page 2 of 7 DCM WILMINGTON, NC
FEB 1 5 Z008

State Stormwater Management Systems
Permit No. SW8 070685
The runoff from all built -upon area within the permitted drainage area of this
project must be directed into the permitted stormwater control system.
The following design criteria have been provided in the infiltration trench and
must be maintained at design corditior:
a.
b.
G.
d.
e.
f.
9•
h.
Ji.
k.
I.
m
n.
o.
Drainage Area, gores:
Snsite, ft-:
Offsite, ft2:
Total Impervious Surfaces, ftZ:
Design Storm, inches:
Trench Dimensions, L x W x H, ft:
Perforated Pipe Diameter/Length:
Bottom Elevation, FMSL:
Bypass Weir Elevation, FMS!:i:
Permitted Storage Volume, ft
Type of Soil:
Expected Infiltration Rate, in/hr:
Seasonal High Water Table, FMSL:
Time to Draw Down, hours:
Receiving Stream/River Basin:
Stream Index Number:
Classification of Water Body:
II. SCHEDULE OF COMPLIANCE
17.05
742.764
None
440,937
1.5
144x25x2
12" diameter/720' length
15.50
17.00
63,000
Sand
8.6
13.0
72
Intracoastal Waterway/ Cape Fear
18-87
"SA„
The stormwater management system shall be constructed in its entirety,
vegetated and operational for its intended use prior to the construction of any
built -upon surface.
2. During construction, erosion shall be kept to a minimum and any eroded areas of
the system will be repaired immediately.
3. The permittee shall at all times provide the operation and maintenance
necessary to assure the permitted stormwater system functions at optimum
efficiency. The approved Operation and Maintenance Plan must be followed in
its entirety and maintenance must occur at the scheduled intervals including, but
not limited to:
a. Semiannual scheduled inspections (every 6 months).
b. Sediment removal.
G. Mowing and revegetation of slopes and the vegetated filter.
d. Immediate repair of eroded areas.
e. Maintenance of all slopes in accordance with approved plans and
specifications.
f. Debris removal and unclogging of bypass structure, filter media, flow
spreader, catch basins, piping and vegetated filter.
g. A clear access path to the bypass structure must be available at all times.
4. Records of maintenance activities must be kept and made available upon
request to authorized personnel of DWQ. The records will indicate the date,
activity, name of person performing the work and what actions were taken.
The facilities shall be constructed as shown on the approved plans. This permit
shall become voidable unless the facilities are constructed in accordance with
the conditions of this permit, the approved plans and specifications, and other
supporting data.
Page 3 of 7
RECEIVED
DCM WILMINGTON, NC
FEB 1 5 2008

State Stcrmwater Management Systems
Permit No. SW8 070685
Upon completion of construction, prior to issuance of a Certificate of Occupancy,
and prior to operation of this permitted facility, a certification must be received
from an appropriate designer for the system installed certifying that the permitted
facility has been installed in accordance with this permit, the approved plans and
specifications, and other supporting documentation. Any deviations from the
approved plans and specifications must be noted on the Certification. A
modification may be required for those deviations.
If the stormwater system was used as an Erosion Control device, it must be
restored to design condition prior to operation as a stormwater treatment device,
and prior to occupancy of the facility.
S. Access to the stormwater facilities shall be maintained via appropriate
easements at all times.
The permittee shall submit to the Director and shall have received approval for
revised plans, specifications, and calculations prior to construction, for any
modification to the approved plans, including, but not limited to, those listed
below:
a. Any revision to any item shown on the approved plans, including the
stormwater management measures, built -upon area, details, etc.
b. Project name change.
C. Transfer of ownership.
d. Redesign or addition to the approved amount of built -upon area or to the
drainage area.
e. Further subdivision, acquisition, lease or sale of all or part of the project
area. The project area is defined as all property owned by the permittee,
for which Sedimentation and Erosion Control Plan approval or a CAMA
Major permit was sought.
f. Filling in, altering, or piping of any vegetative conveyance shown on the
approved plan.
10. The permittee shall submit final site layout and grading plans for any permitted
future areas shown on the approved plans, prior to construction.
11. A copy of the approved plans and specifications shall be maintained on file by
the Permittee for a minimum of ten years from the date of the completion of
construction.
12. The Director may notify the permittee when the permitted site does not meet one
or more of the minimum requirements of the permit. Within the time frame
specified in the notice, the permittee shall submit a written time schedule to the
Director for modifying the site to meet minimum requirements. The permittee
shall provide copies of revised plans and certification in writing to the Director
that the changes have been made.
III. GENERAL CONDITIONS
This permit is not transferable to any person or entity except after notice to and
approval by the Director. In the event of a change of ownership, or a name
change, the permittee must submit a completed Name/Ownership Change form
to the Division of Water Quality, signed by both parties, and accompanied by the
appropriate documentation as listed on page 2 of the form. The approval of this
request will be considered on its merits and may or may not be approved.
2. The permittee is responsible for compliance with all permit conditions until such
time as the Division approves the transfer request.
Page 4 of 7 RECEIVED
DCM WILMINGTON, NC
FEB 1 5 2008

State Stormwater Management Systems
Permit No. SW8 070685
Failure to abide by the conditions and limitations contained in this permit may
subject the Permittee to enforcement action by the Division of Water Quality, in
accordance with North Carolina General Statute 143-215.6A to 143-215.6C.
4. The issuance of this permit does not preclude the Permittee from complying with
any and all statutes, rules, regulations, or ordinances, which may be imposed by
other government agencies (local, state, and federal) having jurisdiction.
In the event that the facilities fail to perform satisfactorily, including the creation
of nuisance conditions, the Permittee shall take immediate corrective action,
including those as may be required by this Division, such as the construction of
additional or replacement stormwater management systems.
6. The permittee grants DENR Staff permission to enter the property during normal
business hours for the purpose of inspecting all components of the permitted
stormwater management facility.
The permit may be modified, revoked and reissued or terminated for cause. The
filing of a request for a permit modification, revocation and reissuance or
termination does not stay any permit condition.
8. Unless specified elsewhere, permanent seeding requirements for the stormwater
control must follow the guidelines established in the North Carolina Erosion and
Sediment Control Planning and Design Manual.
9. Approved plans and specifications for this project are incorporated by reference
and are enforceable parts of the permit.
10. The permittee shall notify the Division in writing of any name, ownership or
mailing address changes within 30 days.
Per issued thh* the 16'" day of October, 2007.
NOf- . CAROLINA ENVIRONMENTAL MANAGEMENT COMMISSION
Division of Water Quality
By Authority of the Environmental Management Commission
RECEIVED
Page 5 of 7 DCM WILMINGTON, INC
FEB 15 2008

State Stormwater Management Systems
Permit No. SW8 070685
Oak Island Resort
Stormwater Permit No. SW8 070685
Brunswick County
Designer's Certification
I, , as a duly registered in the
State of North Carolina, having been authorized to observe (periodically/ weekly/ full
time) the construction of the project,
(Project)
for (Project Owner) hereby state that, to the
best of my abilities, due care and diligence was used in the observation of the project
construction such that the construction was observed to be built within substantial
compliance and intent of the approved plans and specifications.
The checklist of items on page 2 of this form is included in the Certification.
Noted deviations from approved plans and specification:
Signature
Registration Number
Date
Page 6 of 7
SEAL
RECEIVED
DCM WILMINGTON, NC
FEB 1 5 2008

State Stormwater Management Systems
Permit No. SW8 070685
Certification Requirements:
.1. The drainage area to the system contains approximately the permitted
acreage.
2. The drainage area to the system contains no more than the permitted
amount of built -upon area.
3. All the built -upon area associated with the project is graded such that the
runoff drains to the system.
4. All roof drains are located such that the runoff is directed into the system.
5. The bypass structure elevations are per the approved plan.
6. The bypass structure is located per the approved plans.
7. A Trash Rack is provided on the outlet/bypass structure.
8. All slopes are grassed with permanent vegetation.
9. Vegetated slopes are no steeper than 3:1.
10. The inlets are located per the approved plans and do not cause short-
circuiting of the system.
11. The permitted amounts of surface area and/or volume have been
provided.
12. All required design depths are provided.
13. All required parts of the system are provided.
14. The required system dimensions are provided per the approved plans.
cc: NCDENR-DWQ Regional Office
Brunswick County Building Inspections
Page 7 of 7
RECEIVED
DCM WILMINGTON, NC
FEB 1 5 2008

NKT #C6193
State ofNcrth Carolina
Department of Environment and Natural Resources
Division of Water Quality
STORIM WATER MANAGEMENT PERMIT APPLICATION FORM
This form may be photocopiedjor use as an original
1. GENERAL INFORMATION
1. Applicants name (specify the name of the corporation, individual, etc. who owns the project):
Oak Island Property Holdings, LLC
2. Print Owner/Signing Official's name and title (person legally responsible for facility and compliance):
Ronald McNeill, Member / Manager
3. Mailing Address for person listed in item 2 above:
2334 S. 413' Stre
City: Wilmingtt
Telephone Number:
4. Project Name (subdivision, facility, or establishment name — should be consistent with project name on
plans, specifications, letters, operation and maintenance agreements, etc.):
Oak Island
5. Location of Project (street address):
County:
6. Directions to project (from nearest major intersection):
From NC 211 & NC 133 take NC 133 towards Oak Island. Turn left onto SR 4,210 (Old Bridge
Road). Site is at the end on the left.
7. Latitude: 330 55' 24" Longitude:
780 04' 16"
of project
8. Contact person who can answer questions about the project:
Name: J. Phillip Norris, P.E. Telephone Number: [phone]
I1. PERMIT INFORMATION
1. Specify whether project is (check one)
Form SWU•101 Version 3.99
X New Renewal Modification
Page 1 of 4
RECEIVED
DCM WILMINGTON, NC
FEB 1 5 2008

2. If this application is being submitted as the result of a renewal or modification to an existing permit, list the
Existing permit number N/A And its issue date (if known) N/A
3. Specify the type of project (check one):
_ Low Density X High Density _ Redevelop _Genera( Permit _Other
4. Additionai Project Requirements (check applicable blanks):
X CAMA tMajor X Sedimentation/Erosion Control _ 404/401 Permit _ NPDES Stormwater
Information on required state permits can be obtained by contacting the Customer Service Center at
1-877-623-6748.
III. PROJECT i.VFORMATION
In the space provided below, summarize how stormwater will be treated. Also attach a detailed narrative
(one to two pages) describing stormwater management for the project.
Infiltration system.
2. Stormwater runoff from this project drains to the
3. Total Project Area: 17.05 AC
5. How many drainage areas does the project have?
Ca
1
River Basin.
4. Project Built Upon Area: 59.35
ova
6. Complete the following information for each drainage area. If there are more than two drainage areas in the
project, attach an additional sheet with the information for each area provided in the same format as below.
Basin Information
Drainage Area 1
Drainage Area 2
Receiving Stream Name
Atlantic Intracoastal Waterway
(- k
Receiving Stream Class
SA
Drainage Area
742,764 SF / 17.05 AC
Existing Impervious • Area
0
Proposed Impervious* Area
440,937 SF / 10.12 AC
% Impervious* Area total
59.35%
Impervious* Surface Area
Drainage Area 1
Drainage Area 2
On -site Buildings
102,399 SF / 2.35 AC
On -site Streets
230,972 SF 15.30 AC
I
On -site Parkin
On -site Sidewalks
17,566 SF / 0.403 AC
Other on -site (Future)
90,000 SF 12.066 AC
Off -site
0
Total: 440,937 SF / 10.12 AC
Total:
.Impervious area is defined as the built upon area including, but not limited to, buildings, roads, parking areas
sidewalks, gravel areas, etc.
Form SWU-101 Version 3.99 Page 2 of 4 RECEIVED
DCM WILMINGTON. NC
FEB 1 5 Z008

7. How was the offsite impervious area listed above derived?
IV. DEED RESTRICTIONS AND PROTECTIVE COVENANTS
The following italicized deed restrictions and protective covenants are required to be recorded for all
subdivisions, outparcels and future development prior to the sale of any lot. If lot sizes vary significantly, a
table listing each lot number, size and the aliowable built -upon area for each lot must be provided as an
attachment.
1. The following covenants are intended to ensure ongoing compliance with state stormwater management permit
number as issued by the Division of Water Quality. These covenants may
not be changed or deleted without the consent of the State.
2. No more than 440,937 squm•e feet of any lot shall be covered by structures or impervious materials.
Impervious materials include asphalt, gravel, concrete, brick, stone, slate or similar material but do not include
wood decking or the water suface of swimming pools.
3. Swales shall not be filled in, piped, or altered except as necessary to provide driveway crossings.
4. Built -upon area in excess of the permitted amount requires a state stormwater management permit modification
prior to construction.
5. All permitted runofffrom outparcels or future development shall be directed into the permitted stormwater control
system. These connections to the stormwater control system shall be petforned in a manner that maintains the
integrity and performance of the system as permitted.
By your signature below, you certify that the recorded deed restrictions and protective covenants for this project
shall include all the applicable items required above, that the covenants will be binding on all parties and persons
claiming under them, that they will run with the land, that the required covenants cannot be changed or deleted
without concurrence from the State, and that they will be recorded prior to the sale of any lot.
V. SUPPLEMENT FORMS
The applicable state stormwater management permit supplement form(s) listed below must be submitted for
each BMP specified for this project. Contact the Stormwater and General Permits Unit at [phone] for
the status and availability of these forms.
Form SWU-102
Form SWU-103
Forth SWU-104
Form SWU-105
Form SWU-106
Form SWU-107
Form SWU-108
Form SWU-109
Form SWU-101
Wet Detention Basin Supplement
Infiltration Basin Supplement
Low Density Supplement
Curb Outlet System Supplement
Off -Site System Supplement
Underground Infiltration Trench Supplement
Neuse River Basin Supplement
Innovative Best Management Practice Supplement
Version 3 99 Page 3 of 4
RECEIVED
DCM WILMINGTON, NC
FEB 1 5 2008

VI. SUBMITTAL REQUIREMENTS
Only complete application packages will be accepted and reviewed by the Division of Water Quality (DWQ).
A complete package includes all of the items listed below. The complete application package should be
submitted to the appropriate DWQ Regional Office.
I. Please indicate that you have provided the following required information by initialing in the space provided
next to each item.
• Original and one copy of the Stormwater Management Permit Application Form
• One copy of the applicable supplement form(s) for each BMP
• Permit application processing fee of $420 (payable to NCDENR)
• Detailed narrative description of stormwater treatment / management
• Two copies of plans and specifications, including:
- Development / Project name
- Engineer and firm
- Legend
- North arrow
- Scale
- Revision number & date
- Mean high water line
- Dimensioned property / project boundary
- Location map with named streets or NCSR numbers
- Original contours, proposed contours, spot elevations, finished floor elevations
- Wetlands delineated, or a note on plans that none exist
- Existing drainage (including off -site), drainage easements, pipe sizes, runoff calculations
- Drainage areas delineated
- Vegetated buffers (where required)
V^I. AGEP:T AL'T:IORIZATION
If you wish to designate authority to another individual or firm so that they may provide information on your
behalf, please complete this section.
J. Phillip Norris, P.E.
Designated agent (individual or finn): Norris, Kuske & Tunstall Consulting Engineers, Inc.
Mailing Address: 902 Market Street
City: Wilmington State: NC Zip:
Phone: [phone] Fax: [phone]
VHL APPLICANT'S CERTIFICATION
28401
I, (print or type name ofperson listed in General Information, item 2) Ronald McNeill, Member I
Manager
Certify that the information included on this permit application form is, to the best of my knowledge, correct and
that the project will be constr cted in conformance with the approved plans, that the required deed restrictions and
protective covenants wil corded, and that the proposed project complies with the requirements of 15A NCAC
2H.1000.
Signature: `'�-' Date: �00 6
Form SWU-101 Version 3.99 Page 4 of 4
RECEIVED
DCM WILMINGTON, NC
FEB 15 2008

NKT #06193
Permit No.
State of North Carolina (to be provided by DWQ)
Department of Environment and Natural Resources
Division of Water Quality
STOR-NIWATER MANAGEMENT PERMIT ADPLICATION FORM
UNDERGROUND 1 1FILTRATION TRENCH SUPPLEMENT
This form mcry be photocopied for use as on original
DWO Stormwater Matiagement Plan Review:
A complete stormwater management plan submittal includes a stormwater management permit application, an
underground trench supplement for each system, design calculations, and plans and specifications showing all
stormwater conveyances and system details.
1. PROJECT INFORMATION
Project Name: Oak Island Resort
Contact Person: J. Phillip Norris, P.E. Phone Number: [phone]
For projects with multiple infiltration systems, a supplement form must be completed for each system. This
worksheet applies to: Trench 1 in Drainage Area 1
(front plans) (from Form SWU--10))
u• DESIGN rYFORIMATION (attach supporting calculations/documentation):
Soils Report Summary (based upon an actual field investigation and soil borings)
Soil Type Sand
Infiltration Rate 8.6 Nin/hr or ❑ef/hr/sf (check appropriate units)
SHWT Elevation 13.00 fins] (Seasonal High Water Table elevation)
Trench Design Parameters
Design Volume
63,000
c.f.
Design Storm
1.5
inch event (L5 inch event for SA waters, I inch event for others)
Drawdown Time
3
days
Perforated Pipe Size
12"
inch diameter
Perforated Pipe Length
720
ft.
No. Observation Wells
(may be required on a case —by-case basis)
Stone Type (if used)
#57
Washed Stone
Stone Void Ratio
40%
Trench Elevations (infect nrean seal level)
Bottom Elevation 15.50 fmsl
Storage/Overflow Elevation 17.00 fmsl
RECEIVED
Form SWU-107 Version3.99 Page 1 of DCM WILMINGTON, NC
FEB 1 5 2008

Trench Dimensions
Height Z ft. Length 144 ft.
Width 25 ft. Volume Provided Zia$O cu.ft.
Storage provided in a separate storage area.
117. REQUIRED ITEMS CHECKLIST
Tie following checklist outlines design requirements per the Stormwater Best Management Practices Manual
(N.C. Department of Environment, Health and Natural Resources, February 1999) and Administrative Ccde
Section: 15 A NCAC 2H .1008.
Initial in the space provided to indicate the following design requirements have been met and supporting
documentation is attached. If the applicant has designated an agent in the Stormwater Management Permit
Application Form, the agent may initial below. If a requirement has not been met, attach justification.
Applicants Initials
System is located 50 feet from class SA waters and 30 feet from other surface waters.
System is located at least 100 feet from water supply wells.
Bottom of system is at least 2 feet above the seasonal high water table.
Bottom of the system is 3 feet above any bedrock or impervious soil horizon.
�1
Off-line system, runoff in excess of the design volume bypasses the system (bypass detail
provided).
System is designed to draw down the design storage volume to the proposed bottom
elevation under seasonal high water conditions within five days based upon infiltration
through -the bottom only (a hydrogeologic evaluation may be required).
g. Soils have a minimum hydraullc conductivity of 0.52 inches per hour.
is not sited on or in fill material or DWQ approval has been obtained.
Flans ensure that the installed system will meet design specifications (constructed or
restored) upon initial operation once the project is complete and the entire drainage area is
stabilized.
J ystem is sized to take into account the runoff at the ultimate built -out potential from all
_ surfac
__SEAzaining to the system, including any off -site drainage.
c. System is located in a recorded drainage easement for the purposes of operation and
maintenance and has recorded access easements to the nearest public right-of-way.
s em capture and infiltrates the runoff from the first 1.0 inch of rainfall (1.5 inch event
for areas draining to SA waters).
m. Drainage area for the device is less than 5 acres.
pretreatment device (filter strip, grassed swale, sediment trap, etc.) is provided.
o. Trench bottom is covered with a layer of clean sand to an average depth of 4 inches.
P. Sides of the infiltration trench are lined with geotextile fabric.
q. Rock used is free of fines (washed stone) and has a large void ratio.
i e to bottom area ratio is less than 4:1.
Form SWU-107 Version 3.99
Page 2 of 4
RECEIVED
DCM WILMINGTON, NC
FEB 1 5 2008

Observation well(s) are provided (case -by -case basis).
retated filter is provided for overflow (50 feet `or SA waters, 30 feet for other waters)
detail is shown on plans.
enchmark for checking sediment accumulation is provided.
IV. PIFILTRATION BASIN OPERATION AND NL4L�ITENANCE AGREEMENT
1. After every runoff producing rainfall event and at least monthly inspect the bypass/overflow structure for
blockage and deterioration and the infiltration system for erosion, trash accumulation, grass cover, and general
condition.
2. Repair eroded areas immediately, re -seed as necessary to maintain adequate vegetative cover, mow vegetated
cover to maintain a maximum height of six -inches, and remove trash as needed.
3. Remove accumulated sediment annually or when depth is reduced to 75% of the original design depth. Restore
depth to original design depth without over -excavating. Over -excavating may cause the required water table
separation to be reduced and may compromise the ability of the system to perform as designed.
4. The water level in any monitoring wells will be recorded after a 1 inch rainfall event and at least once a
month. Chronic high water table elevations (within 1 foot of the bottom of the system for a period of three
months) shall be reported to DWQ immediately.
5. If DWQ determines that the system is failing, the system will immediately be repaired or replaced to original
design specifications. If the system cannot be repaired to perform its design function, other stormwater control
devices as allowed by NCAC 2H .1000 must be designed, approved and constructed.
6. Remove accumulated sediment from the infiltration system annually or when depth in the unit is reduced to
75% of the original design depth. The system shall be restored to the original design depth without over -
excavating. Over excavating may cause the required water table separation to be reduced and may
compromise the ability of the system to perform as designed. Removed sediment shall be disposed of in an
appropriate mariner and shall not be handled in a manner that will adversely impact water quality (i.e.
stockpiling near a stormwater treatment device or stream, etc.).
A benchmark shall be established in the infiltration system. The benchmark will document the original
design depth so that accurate sediment accumulation readings can be taken. The measuring device used to
determine the depth at the benchmark shall be such that it will give an accurate depth reading and not
readily penetrate into accumulated sediments.
When the depth at the benchmark reads G t7 , the accumulated sediment shall be removed
from the system.
RECEIVED
Form SW11-107 Version 3.99 Page 3 of DCM WILMINGTON, NC
FEB 1 5 2008

I acknowledge and agree by my signature below that I am responsible for maintaining the stormwater
collection system in accordance with the six maintenance procedures listed above. I agree to notify DWQ of
any problems with the system or prior to any changes to the system or responsible party.
Print Name and Title: Ronald McNeill Member I Manager
Address:
Phone:
Signature:
S. 41" Street
Nole: rho legally responsible party should not be a homeotmers association unless more than 50% of the lots hm a been sold
and a resident of the subdivision has been named the president.
t, #S.hn�. frcr npn , a Notary Public for the State of \ lncftn lan\ nn County of
\— q�-c , do hereby certify that 21�,,p) t, z-nntM personally appeared before me this
—aot day of S,-vc „'LM1 , and acknowledge the due execution of the foregoing infiltration
basin maintenance requirements. Witness my hand and official seal.
SEAL
Form S WU-107
My commission expires
Version 3.99
Page 4 of 4
My Commiselon Expires
August 20, 2007
RECEIVED
DCM WILMINGTON, NC
FEB 1 5 2008

n-
U.S. ARMY CORPS OF ENGINEERS
WILMINGTON DISTRICT
Action Id. SAW-2007-3577 County: Brunswick U.S.G.S. Quad: Southport
NOTIFICATION OF JURISDICTIONAL DETERINIINATION
Property Owner: Ronnie McNeil
Address: 2334 South 41" Street
Wilmineton, NC 28403
Telephone No.: 910-620-1297
Property description:
Size (acres) — 31
Nearest Waterway Atlant
USGS HUC 030301
Location description The sli
Indicate Which of the Following Apply:
A. Preliminary Determination
Agent: The Clark Group
attn: Mikaela Anderson
5000 Blue Clav Rd
Castle Havne, NC 28429
910-602-3900
Nearest Town Southport
River Basin Cape Fear
Coordinates N 33.9201 W-78.0710
_ Based on preliminary information, there may be wetlands on the above described property. We strongly suggest you have
this property inspected to determine the extent of Department of the Army (DA) jurisdiction. To be considered final, a
jurisdictional determination must be verified by the Corps. This preliminary determination is not an appealable action
under the Regulatory Program Administrative Appeal Process ( Reference 33 CFR Part 331).
B. Approved Determination
X There are Navigable Waters of the United States within the above described property subject to the permit
_ We strongly suggest you have the wetlands on your property delineated. Due to the size of your property and/or our
present workload, the Corps may not be able to accomplish this wetland delineation in a timely manner. For a more timely
delineation, you may wish to obtain a consultant. To be considered final, any delineation must be verified by the Corps.
_ The wetland on your property have been delineated and the delineation has been verified by the Corps. We strongly
suggest you have this delineation surveyed. Upon completion, this survey should be reviewed and verified by the Corps.
Once verified, this survey will provide an accurate depiction of all areas subject to CWA jurisdiction on your property
which, provided there is no change in the law or our published regulations, may be relied upon for a period not to exceed
five years.
IIV111l1411V11.
There are no waters of the U.S., to include wetlands, present on the above described property which are subject to the
permit requirements of Section 404 of the Clean Water Act (33 USC 1344). Unless there is a change in the law or our
published regulations, this determination may be relied upon for a period not to exceed five years from the date of this
notification.
RECEIVED
DCM WILMINGTON, NC
Page 1 of 2 FEB 1 5 2008

Action ID: SAW-2007-3577
Placement of dredged or fill material within waters of the US and/or wetlands without a Department of the Army permit may
constitute a violation of Section 301 of the Clean Water Act (33 USC § 1311). If you have any questions regarding this
determination and/or the Corps regulatory program, please contact Jessica Hooten at 910-251-4637 or Kim Garvev at
251-4482..
C. Basis For Determination
D. Remarks
This determination is based on information Provided by The Clark Group and by a site visit conducted by Kim Garvev
on 8/15/2007.
E. Appeals Information (This information applies only to approved jurisdictional determinations as indicated in
B. above)
This correspondence constitutes an approved jurisdictional determination for the above described site. If you object to this
determination, you may request an administrative appeal under Corps regulations at 33 CFR part 331. Enclosed you will find a
Notification of Appeal Process (NAP) fact sheet and request for appeal (RFA) form. If you request to appeal this
determination you must submit a completed RFA form to the following address:
District Engineer, Wilmington Regulatory Division
Attn: Jessica Hooten, Project Manager,
Wilmington Regulatory Field Office
PO Box 1890
Wilmington, North Carolina 28402
In order for an RFA to be accepted by the Corps, the Corps must determine that it is complete, that it meets the criteria for
appeal under 33 CFR part 331.5, and that it has been received by the District Office within 60 days of the date of the NAP.
Should you decide to submit an RFA form, it must be received at the above address by 04/05/2008.
**It is not necessary to submit an RFA form to the District Office if you do not ect t a determination in this
correspondence.** I \
Corps Regulatory Official: 6
Date 02/05/2008 Expiration Date 02/05/2013
The Wilmington District is committed to providing the highest level of support to the public. To help us ensure we continue to
do so, please complete the Customer Satisfaction Survey located at our website at htm://re"latory.usacesurvey.com/ to
complete the survey online.
Copy fumished:
Page 2 of 2
RECEIVED
DCM WILMINGTON, NC
FEB 1 5 2008

e.
r
NCDENR
North Carolina Department of Environment and Nat-iral Resources
Division of Land Resources
James D 3irrons r, PE Land Quality Section klicn , _ Easley •?eve lcr
lirector Arlo State 13eoieG6t 'it/olio(^ .Ross Jr JcCr-igrr
10 IS 21 1 RECEIVED
LETTER OF APPRON'A►. NN ITH MODIFICA IOM ADD OCT 2 2 2007
PERFORMANCE RESE' R1'A'►IONS
Oak Island Property llcldin_-,s. LLt_
Ronald McNeill, \Hitt' N:Igr
2334 S. 41 ra St.
Wilnun,_tom NC 2S403
RE: Project Name: Oak Island Resort
Project ID : Bruns-2008-I58
CUnntV Town S.treel- 131-unsvick. Oak Island. Old Rridue Rd.
RI\er Basur Cane Fear
SUhullt!e(1 B%: Norris. Kuske & Tunst:lll Consult. Gl_,
D.ue Rccei%cd b,: I_QS Sepicinbcr 27, 2o07
Plan Tvpc: \F. %%
Dear NO Neill.
This ofticc has revic\\rd the suhject erosion and sedimentation control plan and hercbc
issues this Letter of Approval \kith Modifications aid Perf6rmrmce Reser\ations. :\ list Of the
inodifcations and reser\ations is attached. Plis Plan approval shall e.xpire three (3) )ears
li\lio\ving the date of approval. if no iand-disturbing activity has been undertaken. as is required
by Title 15A NCAC JB .0129 Should the plan not perform adeiluately, it revised plan «ill be
rQuired WKS. I I3A-5d.1 Kh).
Please be iul\ised that Vale 15A NC.-\C 4051 Isla) requires that it copy of the approrcd
erosion control plan he on File :n the job site. Also. you should consider this letter to gi\e the
Notice required by G S. 11 3A-61.Ha) of our light of periodic inspeciion w insure compliance
\\lilt the appno\ca plan.
North tarohnds Sedlllien Citiilll Piil!t wil C ownd Prognml 1; nCl"f UI'ITi:InCc-i)1"1Clilcil.
ciitllrlll_' pmectlo❑ (if cvitin1 natural 1-1:�,Utlrcc's And adjoillimg properties If lollo\\'Ill`, the
,alms icilc Culent t11111;s p!ojeclit is ('.eier;l i:nCa that the ewsion and sidillientanon colulol Pkill Is
111.ltletlitatc to Illctt the lcqulre;ltwl tti th-: SeAiilellt.won Pollution ( ollirol :act of 11) i iNoiih
Carolina General li:attic i 17 wJI mu tJ r :11" :IInCC 111.1\' retjllire r;\;i11ali 0.\ thC pla:l .1:?d
111'.iliei:?eI?'.;ti i11!1 �`(I:'lc rC 1'!ii nl'n L.t Iititir;. Ctl;lii'Iial'.CC iiil t(?C ,ICI
RECEIVED
DCM WILMINGTON, NC
::_ FEB 15 2008

I :II_i ..
I��`n.litl \fC\riit
\i ,:<p Ili•.) Irti .lhltllo''II hill; it',Ill I5. CI': '11:i'-`i1i":' ,;h0,1 It-. i, lF':dcGII
!nail:. Lk' 5 rti ,'tJ ali,, n4 and nilci In at;dl aI kVaI tl[v a a1n1R ORhii nccs
(,I' r j : n1:1\ Am, alll,r. ,,, AS I i"1 1mi ahi•1•, ;in, In Ih-. :i,l'm,..il ,I•!C:i laq Yipvl<cde :11l:,
1111c I' i'Ciill l[ ai'
Plc;i> he ,il\arc dol \t'ur prvtjccl .ci11 he <:,,c',`rd it, 'he c.L;sctl \PI>I.S (IcnrCal
)i;lril i,vdtlr PCI"Ilil' \(. (t(�I,il llt It o!1;(rilcila!i .�CiltlilcSl � Ull hti L'hl flF;l he C:1n1C Ian ii i!ar `-A ltll
,111 of the 1'''ilt iR:nlelllS fJr ConlI11i:IIleC ,nlii (Ili .-Ilclr,>id _gcoo-al I1ctl11;1
Pfe:tSe IwIC th,'.i till, altoCtil •11 is h:ISCd In p,ll't oil Iiic' alCl[!'aC,. Of 1111C Illfgl'111at!tlll III0\ ItLd
Ill the FITI'mci'd ReSponsihi1w, farm. which •.nit haNc prmttlyd loll AR: reyues[Cd u, fIIC al!
amended lo1'ill ii IhCr:: IS all\ ch:i!T_,C III 11!C I!lil,l'.Hl111011 IMILICICd oil the 101111 In addition.. it
1\ould he helpful If cou notlf\ thiS office of the propos(fd S[a1711110 chic [i l- [hii project Please
nohfv us if cou plan ttl ham e a pI'I;cOIlsIRM loll conference.
1 our cooperation is :glprecia;ed
Sinc: r•ui .
I,:ua! \. \IIIILI'
kind Qualit'. 5ecllon
Llit: la-a;rcs. t crtificate o! Ailprot al
\I(Idlllidil,Ali ail;! l't'.IiUi'ill;lllCe I\eSel\;itIon.s
`SPDPI PeI'ill it
rc I Phillip \trri> P.1- . Norris KuAc t\ Ium,lall
LOS-1V"iRi)
RECEIVED
DCM WILMINGTON, NC
FEB 15 2008

% I P "S k"10 ill- pu(MAI \:\( I. RFtiFIn \ 1 10 %'ti
\jInc: Oak I , .till Ruuort
II) 13 1. [1 lli- 2 00 8- 158
ow•• 13 r I", in, , " IM11
1-11u p)Lljl 11 titan L'\111 I,,: d ace 131 1 cars ON" Ity 111c t!ale of apllrov �I 1. 11 11 (1 land
thinwhim-I acli% Iq has been mulenakem I-S IS rLLj;Hj-L'L1 Ilk I nje 15-\ NCA( 4B ;)' Ci)
the dc" L' lopel 1] !cspoll51111c Iol the COInj') of, ickinticni 011-'ilc it III,,: approked crosiOli And
,,:tfillmnatiOn control IIICA.iill'�3 prime illsllfllciCIlt, til- dc"!oper Milli! take those ;jejjs
t - IeCC:;S.11'.\ it) slop sediment irom Imins this mic FdLh sedinicni sioraW &MC FUL"I lie
nlllccted after each Storm cin. Maini—uancc all,! Or clean t)ut is jIcccssjIl-\, aj�\tijnc the deN ic'�
ls '11 5o", capacit.\
\11" and 111 da':hc> on [ills ploject sn,: .11" asiumcd to be !cl't llPLktLIlbCd h% the
A" "I'-qn1miz 1Sc ll('i'd I lie I Cfll,)\ :11 of ]thin :ill'
(IIIJI -1 1; prolliblic'l unlcai tits dv'.;) ')I chalmel Is ;'t i-'e Ic%-'.HdCLl 'A 111-1 ildC 'Njus of
hOrIAM 01 1 %MiCal Or 1w;, A,Cp li,ink ilttpC rl.i% b,C wokx'2d. imil slllpmlli-' Of ' �'o-;A!wn li
ne't% earth :ill([ I. Snb)e,:j 1,1 tilt: �ajpc closior'. conli'll 'I-'CLjU:j-e:!lclips aS !%'A
dhxhc�
4 1 It,: di.i ic511Ill,!!,!- ior olvannn, any and all permn� ind aj'p!"%ak llcccssarA!or the
Ie'sclk'p1I:c;l1 )I- illis pros,-; prim !') Ellc ioIllincilk cincill of Lll)> land dislulhillacir, it\ I his
could nicludo a�-'enei�s wil!t.L a< Illc Dl\Of S101-111%tatCr rc�'Lllaiioi'ls. thor
1CtIuireilmlt' ik n1lill lion 40 1 Ol Ili,: ( 'I':an "Vater \' t. !11.,: 1 S;. No -ill'. ( orps of
11PHISLK jurisklicno;i i,t ticcjj(in 40-t of Ilic 1c:111 'A atz-1. Acl. tilt Di\ Islorl of ( *oa5t " I
I anj 2'..Ipc! I I S ( . \ N I \ I c'j u ir-111`2111 s, the Ill of SOI id Wast", N I alm -'ClIm I I ' S kill ill ill
repAillons. [lie E-mirollylle;iIii 1 ilrUliCllUil J111101- I -he (-'S \1211%
i'll-Bdiclioll 111 Tile ( Ican \Vaicr \ct, local coullt% ,I- Nlulllclpaliuci* ordn lalic CS. Or othcl-S that
Ilia`.' be 1%:(Iuircd. Fills ;ipplw. A camit'l illpci 5cdL' All 11milil m-'IPPIOkAl: hok�ccr. ill :hc
JC dild Dcijsi )rdcr 11-oln the ( Orps of Fn`_'illecl S. that Ordel Gould Only 'Ippl% It)
v.A.Ind area= All hi�A.11jnd kxonld saill h-'\e 10 hc in clmphmli:c v ell the N C ScLh:n.,:nra'wm
P"Hinion C t'nljol-Act
il all, a!, -a o!l <ilc laN %, Ahm the =0101,111 Of la,"011 4"1 or 111-1 of !iic ',:,w 1A \it.
IWA011-1 i, I ntphitIL:i h lit. tl 1.:Ins ol OiL! 't 'A Oualn—
nymm cm l di c En%morijoa nml 19 q,:!p,l \,,n, IF,
!.! I j 1: 11111 !I-
w 1 lit, 1 t
'iol ill Ill
nil'.. 0it i PA- i- iii-
RECEIVED
DCM WILMINGTON, NC
FEB 1 5 2008

1 -!i.! ''t `,I`pl: '.,,I , J! . ,I ,
Rollaid Al
( )I: looel i
Palo 1 01 1
-. ;,I'll) ...all re :.I.!d, , !'� ll� I'll? ol .-Toll
alit:- In do -;:. .111 1%, ctl!];idClo,! a 1 w1almm1 of US q,pm; A
I, I I r- ' ' k 111, [.1 c1 1 1 11 -, i 1 L onto i i 1 i ; s i I e II I , : i ; he I i-, I I ! i , I I :: - ! : I I i \ ,.`I ) c 1 111 - II 1111 i , , ,)I , i 11 o 1
o'l mm:oo. use h.1:10,` Site L,l all jl--•a :,tc;14e Plalcl 1A i:! olik porl,r;]WoI! it 1;
)pCiAICA LllIdc-. the 1111,11 C(Ilial-ol oI Ille Finariciall-, Rc>ponsthlc jvr3,n )r 1-ir111 \\ ho i�
lh'< .11L: al -Ai ILLS hcLAI jICt-!lInIod and It Pall 'll thi-i P;311 llllLlill_ .111 tj%`
leLl U; ro I I L'Ill, )T- N( 6c n cra I Sla I It v 7-,-49( - l C
riv. prima ams Or a land u ca!1c,j fol oil the application 1)1,1:1. It,)! i'l o%cood
a c I-(: S, 1:SCCe1i1111 thLit jCrIcal-le \kAl be a \ wlani,w' of this pCT-Illit arld lkouid I-quiro a
I I• �cd plan and additional apphcanon Cc-e Ajj; addition ill Illycl-kiorls kalri'acc. o%cr Ilial
ahead'. nt;rcd )it llic apprmed plan. kkotlid alit) r"t;tfire I I-C%iSCd 111all [I cri t � JJJC
J13111,11malclicss of (he ension cunual measures and stonwalor rcicntp)n uncasurcA.
lire rounniclum Wall G)i the pn,poscd silt line. , loqui;cs 1einGlrcim "%irc ;wd stool post, a
!naxilnII;n of, - S'.(I----1 . col aparl Omi—sior) kit' the rL:mtlJICIIIe kk E" isa CIJHSULIi11011 CIIAM!-
Thai c iiilalCS l"'Orc p iIi lol Stlppol t.. (1-ic spacin_, J;.Tan(:z lieekk lo bc I-o,luccd 1'' 1r,
wrcaicr Am 6 Rul apart.
i !% _- 111LIA is ..lnckt!k 10111M-al Lt ':j !jlal [::, Inalilla ank: :-poll
,11Ya 011iLCI and slorc �edilnvrll
A •--IJ\L:l1:d is 011i11LR:Iloll cruance inup he hmawd at owh poirm of ac,-cs.,; and alahic t.,
(0II6lRKU,In %,-lucles dnring the WAH112 and copmrummi jumseA ill* this proi ct. all c -k ,
li,An the llloiccl sllo at -1 INS' W10101111 a gink, chi cmruwc " Ill he conslidnA a x Sybui
��j lilts app:w. al. Routnic l'."InIlknallce of the kallrallceI., irll!, Ai,
A Nmh ( andina S.diln'ojjj:jjj1-III po!kilmli ( onn'll \L
o'-'Clalk L, eyound(:o\ or. Slope; 1
o �, 1), 1 vd \N i I I tvnhrl :alCnLLH- dd�.S alter (ok)IlIjjlcjj, 1
Ile 1-110% 1101 O. Ah mmm,W or WAnna to pwww K
RECEIVED
DCM WILMINGTON, NC
FEB 1 5 2008

©�A a [�
NCDENR APK 14 zraa
North Carolina Department of Environment and Natural Resources
Division of Coastal Management tviuii erle€ Ll W',3Ity Do- M
Michael F. Easley, Governor James H ctor William G. Ross Jr., Secretary
April 16, 2008 r Receives
APR 2008 AP I D
MEMORANDUM: OA
sraTEPPROPERr ofNk 21008
TO: June W. Michaux °�G8 OFFICE 10, �SANDgT q�e
NC Dept. of Administ VEZ�
State Property Office
FROM: Doug Huggett, NC DENR-DCM Major Permits Coordinator
400 Commerce Ave., Morehead City, NC 28557 (Courier 11-12-09)
SUBJECT: CAMA / Dredge & Fill Major Permit Application Review
Applicant: Oak Island Property Holdings, LLC c/o Ronald McNeil
Project Location: on Old Bridge Rd., adjacent to the AIVVW, in Oak Island / Brunswick Co.
Proposed Project: development of condominium complex with amenities, basin and
docking facilities with fuel and pumpout
Please indicate below your agency's position or viewpoint on the proposed project and return
this form by May 9, 2008. If you have any questions regarding the proposed project,
contact Heather Coats at [phone], when appropriate, in-depth comments with supporting
data is requested.
REPLY: Th s 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.
SIGNED DATE
127 Cardinal Drive Ext., Wilmington, North Carolina 29405-3845
Phone: [phone] \ FAX: [phone] \ Internet: www.nccoastalmanagement.net
An Equal Opportunity \ Affirmative Action Employer — 50% Recycled \ 10% Post Consumer Paper

NCDENR
North Carolina Department of Environment and Natural Resources
Division of Coastal Management
Michael F. Easley, Governor James H. Gregson, Director William G. Ross Jr., Secretary
June 3, 2008
Oak Island Property Holdings, LLC
Ronnie McNeil
2443 South 41" St.
Wilmington, NC 28409
Dear Mr. McNeil:
The Division of Coastal Management hereby acknowledges the request (see attached letter),
submitted by your authorized agent, Roger Schecter of Coastal Management Solutions, that the
Coastal Area Management Act permit application for the proposed project for Oak Island
Property Holdings, LLC be placed in abeyance until the concerns of a number of state agencies
have been satisfied. Based on this request, processing of your application will be placed on hold
until such time as a written request is received in this office requesting a resumption of
application processing. As required by NCAC T15A:07J.0204(d), during the pendency of any
termination of processing, the permit processing period will not run. Upon my receipt of a
written request to reinitiate processing, the Division of Coastal Management will resume
processing of the application at the point where it was terminated.
If you have any questions concerning this matter, please feel free to contact me at (252) 808-
2808), or by e-mail at [e-mail].
Sincerely,
Rich Weaver
Asst. Major Permits Coordinator
Cc: Coastal Management Solutions
Roger Schecter
206 Margo Ct.
New Bern, NC 28562
400 Commerce Avenue, Morehead City, North Carolina 28557
Phone: [phone] \ FAX: [phone] \ Internet: www.nccoastalmanagement.net
An Equal Opportunity \ Affirmative Action Employer - 50% Recycled \ 10% Post Consumer Paper

COASTAL MANAGEMENT SOLUTIONS, INC
June 29, 2008
AAorehead Gity ®CM
Rich Weaver
Division of Coastal Management
400 Commerce Ave.
Morehead City, N. C. 28557
Dear Rich -
This letter is to request that the permit process be placed on hold for the
proposed Oak Island Resort upland basin and condominium project.
We look forward to the inter -agency meeting and the resolution of concerns
regarding portions of the project.
Thank you for your time and assistance in arranging the on site meeting
scheduled for June 25 at 1:30 pm.
zssi�eqely,
Roge . checter
cc- Steve Saieed
206 Margo Court, New Bem, N. C. 28562 252-670-1393
schecter [e-mail]

NCDENR
North Carolina Department of Environment and Natural Resources
Division of Coastal Management
Michael F. Easley, Governor James H. Gregson, Director William G. Ross Jr., Secretary
June 4, 2008
Oak Island Property Holdings, LLC
Ronnie McNeil
2443 South 41s` St.
Wilmington, NC 28409
Dear Mr. McNeil
This letter is a follow up to the Division's June 3, 2008 letter, placing the processing of the application
request you submitted under the Coastal Area Management Act (CAMA) on "applicant hold" until such
time as a number of concerns raised by the North Carolina Division of Marine Fisheries, the U.S. Army
Corps of Engineers, and the North Carolina Wildlife Resource Commission have been satisfied.
The Division has since received new information and has determined that additional information will be
required prior to the Division taking final action on your application. This item is summarized below:
1) The N.C. Division of.Water Quality, byway of the attached letter, has determined that additional
information will be required in order for that agency to adequately review the proposed project.
Due to the fact that a CAMA permit cannot be issued without a water quality certification first
being issued, it is necessary that processing of your permit application be remain in abeyance
until such time as the requested information is provided to the Division of Water Quality, a water
quality certification is issued for the proposed project, and a copy of the certification is provided
to this office. Contact the Division of Water Quality directly at 910-796-7215 and reference
DWQ project 080708 if you have questions regarding this issue.
If you have any questions, please feel free to contact me by telephone at [phone], or by email at
[e-mail].
Sincerely,
Rich Weaver
Asst. Major Permits Coordinator
Cc: Coastal Management Solutions
Roger Schecter
206 Margo Ct.
New Bern, NC 28562
400 Commerce Ave., Morehead City, North Carolina 28557
Phone: [phone] \ FAX: [phone] \ Internet: www.nccoastalmanagement.net
An Equal Opportunity \ Affirmative Action Employer - 50% Recycled \ 100/6 Post Consumer Paper

Message Confirmation Report
Name/Number
96379896
Page
8
Start Time
MAY-27-2008 09:44AM TUB
Elapsed Time
02'28"
Mode
STD ECM
Results
[ O. K)
MAY-27-2008 09:47 AM TUE
Fax Number : 2522473330
Name DCM MHD
DIVISION OF COASTAL MANAGEMENT
ME J.L
NCDENR
Lmmxrv[xr �•e r+a�w nnw[cn
RD
OFFICE: 6e4a ( 'Mamlyi S�C'4 d '
TELEPHONE:( ) FAX: (-70)Gjrl-5eg6
FROM: F C�n IniPa✓e� , —
Morehead City Office
400 Commerce Avenue
Morehead City, NC 28557-3421
Voice:[phone]
FAX: [phone]
Re. �o�n�in�4 'i'e'r O V y.LSI 2 &�J'l _
DATESENT: 5/2 7�
TOTAL PAGES INCLUDING COVER SHEET:._

DIVISION OF COASTAL MANAGEMENT
NCDENR
NORTH CAAOIINA DCP TMCNT 01
ENVIRONMCMAND NRURI FCSOORCCS
Kell
OFFICE:
TELEPHONE: ( ) FAX: (Z-0-) 6.317 - q PIi6
• FROM:"
Morehead City Office
400 Commerce Avenue
Morehead City, NC 28557-3421
Voice: [phone]
FAX [phone]
Re:
DATE SENT: V2 N
TOTAL PAGES INCLUDING COVER SHEET: dJ

MAY-09-2000 14:48 From: To:2522473330 P.1/2
State of North Carolina
Department of Environment and Natural Resources
Wilmington Regional Office
Michael F. Easley, Governor Wllllam G. Ross Jr., Secretary
FAX COVER SHEET
Date: .. A J O R No. Of Pages: (excluding cover)
To: From-.. pejjQPX'
CO: CO: Division of Coastal Management
FAX # - 3 3 FAX#: [phone]
REMARKS: Born i rmr +iv, inconuonlvnce. 4k,u,t a� wYP--L
iin -1 -e, 1 7- A& - - jui-AA roark-b4f -skiuld cp o ri
127 Gird of Me F Imlon, Wilmington, N.C. 2NNS46 Telaphom (Big) 796.7219 pn (010) 3954M
An Equal Opportunity Afennxev® Adlon Ymployor

COASTAL MANAGEMENT SOLUTIONS, INC
October 25, 2007
Charles H. Perry
906 East Moore St.
Southport, N. C. 28416
Dear Mr. Perry:
This letter is to notify you of the proposed development along the AIWW in Oak
Island known as Oak Island Resort and the application for a CAMA Major Development
Permit from the Division of Coastal Management. As an adjacent riparian land owner
you have the opportunity to comment on the project.
The proposed development consists of two condominium towers with a total of
222 units, an upland marina, dry stack units, and a transient dock. Enclosed is a copy
of the application and supporting documents for your review. If you have comments,
please forward them to:
Heather Coats
Division of Coastal Management
127 Cardinal Drive Ext.
Wilmington, N. C 28405
I would appreciate receiving a copy of any comments you submit.
jonrel,y, g r c er
RECEIVED
DCM WILMINGTON, NC
OCT 2 6 2008
206 Margo Count, New Bern, N. C. 28562 252-638-4277
schecter [e-mail]

COASTAL MANAGEMENT SOLUTIONS, INC
October 25. 2007
Wilmington Holding and Tanlex Corp.
1295 Northern Blvd.
Manassett, New York 11030
Dear Sirs:
This letter is to notify you of the proposed development along the AIWW in Oak
Island, Brunswick County, NC known as Oak Island Resort and the application for a
CAMA Major Development Permit from the NC Division of Coastal Management. As an
adjacent riparian land owner you have the opportunity to comment on the project.
The proposed development consists of two condominium towers with a total of
222 units, an upland marina, dry stack units, and a transient dock. Enclosed is a copy
of the application and supporting documents for your review. If you have comments,
please forward them to:
Heather Coats
Division of Coastal Management
127 Cardinal Drive Ext.
Wilmington, N. C 28405
I would appreciate receiving a copy of any comments you submit.
Siinnc ly,
Ro rS e�
RECEIVED
DCM WILMINGTON. NC
OCT 2 6 2008
206 Margo Court, New Bern, N. C. 28562 252-638-4277
schecter [e-mail]

rcnvu cnuuty
October 31, 2007
L' Shipper 33F-09E
' * �anjy� Page 1 of 1
Oy
Delivery Confirmation Service
ATTN: HOLLY HUDSON RM 150
CAPE FEAR LAND MANAGERS LLC
3317 MASONBORO LOOP RD
WILMINGTON NC
28409-2970252
Thank you for using UPS. The charges for the following Gontirmation of
Delivery responses are included in your UPS Delivery Bill for the week
ending 11-03-07.
Responses Enclosed 2
---------------------------------------- ---------------------------------------
Confirmation of Delivery Confirmation of Delivery
Shipper No. 33F-09E No. 1Z33F09E4296760330 Shipper No. 33F-09E No. 1Z33F09E4297312345
CAPE FEAR LAND MANAGERS LLC CAPE FEAR LAND MANAGERS LLC
i
1 i
Image of Signature --� V Image of Signature
i
Recipient ZORICH ; Recipient CESARINI
i
Delivered 10-30-07 Delivered 10-30-07
i
10-29 RECEIVER NOT IN ON 15i DELIVERY ATTEMPT i
W 79-1 (9(06)

UPS
#BWNCWPD
#0463D000033F09E7# 69903500005415
MB 01 008882 12778 H 33 A
IIII III golf 1.,IIIIIaIII u11191111111111111uoil ILLIIIII III
ATTN: HOLLY HUDSON RM 150
CAPE FEAR LAND MANAGERS LLC
= 3317 MASONBORO LOOP RD
WILMINGTON NC 28409-2970
W379-1 (8/0'

Authorized Agent Consent Agreement
1 N4a �/��, �1
ruby authoaz t�R- JC+�{E -� aC-or
(Property Owner)
(Authorized Agent)
my behalf in obtaining CAMA permits for the location listed below. This agency
authorization is limited to the specific activities described above.
Property Address:
O�b . N _ I I I
Sd •� za L
Property Owner's Mailing Address:
-l/ RECEIVED
/✓/�f /�✓G� ��C 2v �v DCM W1Lh41NGT0N, NC
AUG 2 3 2007
Prop
Auth
Date:

08/14/2007 15:36 9104540663 GARYLAWRENC,E PAGE 02/07
Tax Let No.
V erified'by _
by
30
Excise Tax $ �Se � oO
-42-20117
111n1p§11111111111P13M -2,111e111ra ,30.040
Rala t J. RobA� Reklater of Maeda
07-02-2087 11:23:35 600 sr�iok Cs ty, NC
NC IlEVPJn1E STAMP: $14306.00 (a0670a)
.'J�fDlnt.
Ck E I kqAlco Ck It jjlg') Cash $
Refund: Cash S ^ Finance
❑ PoAbnt of d3Gonerd a a Mtgo am to w0jr(�
of Akml. &l OlV'a
❑ Dec~ mrrais NO miles M MOW
irallumem he CMI be momfteW orampled.
Rmording Time, Book and Pegs
Parcel Identifier No.
_ County on the _ day of,
Mail alter recording to Gary S. Lawrence, 5001 O'Qninn Blvd., Ste. H, Southport, NC 28461
ibis instrument was prepared by Gary S. Lawrence (without title opinion)
BriefDoscription for the index
NORTH CAROLINA GENERAL WARRANTY DEED
GRANTOR
S & It Preper is 14 LLC, a North Carolina limited liability
comphop
2334 S. 41st Street
Wiliniaglon, NC ZU03
r675:irm
Oak Island property Holdings, LLC
2334 S. 41 st Street
Wilmington, NC 28403
20
Enter in appropriate block for each party: name, address, and, if appropriate, character of entity, e.g., corporation or partnership.
The designation Grantor and Grantee as used herein shall include said parties, their hells, successors, and assigns, and shall include
singular, phual, masculine, feminine or neuter as required by context
WI f JV,SETH, diet the Grantor, for a valuable consideration paid by the Grantee, the receipt of which is hereby acknowledged, has
and by these presents does gmut, bargain, sell and convey unto the Grantee in fce shoplq all that certain Id or parcel of land situated in
the City' of , Township, Brunswick County, North Carolina and more particularly described as follows:
SEE EZfi MY A ATTACHED HERETO FOR COMPLETE DESCRIPTION OF SUBJECT PROPERTY.
The property heremabove described was acquired by Grantor by instrument recorded in Book , Page .
N. G Or Assoc. Form No. 3 C 1977
Printedi by Agreement with the N.C. Bar Aasoc.9003
RECEIVED
DCM W11.hA1N(-,T0N, NC
AUG 2 3 2007

08/14/2007 15:36 9104540663 13ARYL.AWRENCE PAGE 04/07
I�IIIjIIIr�wicIIIdI jjI jNQllll11egig111 er !2b P133107-02-2007
i"g. anof 6
EXHIBIT A
TRACT ONE:
BEGINNING at an iron pipe in the eastern right of way of the Old Long Beach Road (SR 1210), said
pipe being located in the following manner: leaving a concrete nail in the intersection of the
centerline ofNC 133 (Long Beach Road) and SR 1210, thence along the centerline of SR 1210 South
74 degs. 34 min. 37 sec. East, 119.98 feet to a P.K. nail; thence South 06 degs. 25 min. 43 sec. West,
1524.21 feet to a PX nail; thence South 83 degs. 31 min. 17 sec. East, 28.83 feet to said beginning
point; thence from said beginning point, South 83 degs. 31 min. 17 sec. East, 325.05 feet to an iron
rod, being the most southeastern comer of a service road of the Bridge Point Subdivision; thence
along the eastern right of way of a 25.0 foot service road, North 06 degs. 30 min. 34 sec. East, 884.96
fed to an iron rod, being the most southwest comer of Lot 71 of the aforesaid subdivision and along
the most southern line of the same, South 83 degs, 25 min. 17 sec. East, 476.09 feet to an iron rod
in the Sandy Tyner and Point Associates line; thence along said line, South 06 degs. 40 min. 17 sec.
West, 1033.92 feet to an iron pipe in a large canal ditch, also being the northeast comer of a tract of
land owned by the Town of Long Beach (Book 190, Page 623); thence South 86 degs. 49 min. 1 I
sec. West, 428,13 feet to an iron pipe; thence South 05 degs. 06 min. 08 sec. West, 378.29 feet to
an iron pipe; thence South 87 degs. 4I min. 34 sec, East, 412.63 feet to a concrete monument on the
bank of the Elizabeth River; thence South 09 degs. 48 min. 26 sec. West, 406.53 feet to a P. K. nail
iathe rip -rap rock in the edge of the A.I. W. W. ; thence North 84 degs.15 min. 05 sec. West, 408.29
feet to an iron pipe; thence North 73 degs. 26 min. 04 sec. West, 159.92 feet to an iron pipe in the
Cheryll Coleman line; thence along said line, North 06 degs. 31 min. 56 sec. East, 145.21 feet to the
=rtheast comer of the Coleman tract; thence along said line, North 83 degs. 13 min. 04 sec. West,
210.09 feet to an iron pipe in the eastern right of way of SR 1210; thence along said right of way,
;north 06 degs. 07 min. 20 sec. East, 366.13 feet to an iron pipe; thence North 06 degs. 42 min. 57
sec. East, 440.26 feet to the point of BEGINNING.
Said tract contains 22.76 acres as surveyed by Alvie E. Lewis, PLS L-1384 in June 1997 and August
1980.
Bearings are referenced to Map Cabinet "T", Page 182.
Even though tax parcels 23600006 and 236EA128 are combined in this legal description, they are
to remain 2 separate parcels for tax purposes.
Being the same property conveyed to S & R Properties I, LLC by deed recorded in Book 2115, page
1.123, Brunswick County Registry.
RECEIVED
DCM Uni. nniNCTON, NC
AUG 2 3 2007

08/14/2007 15:3E 9104540663 GARYLAWRENCE PAGE 05/07
IIIIIIMHjjIIIIInIIIIIIVIIIIj BM J.P13� 0,7-02-2007
1�2338gas
arunsuxq{ Cou14y, NCRgAsker of Daeds page 4 of 6
"RACTTWO:
BEGINNING at an old iron pipe in the easterly right-of-way line of Old Bridge Road (60 foot right
of way), also known as SR 1210; said beginning point located 549.93 feet from the centerline of
Vanessa Drive 000 foot right of way) when measured at right angles to said centerline; said
beginning pipe being the northernmost comer of Lot 28 as shown on a map of "Phase 1, Bridge
Poi" recorded in Map Cabinet R at Page 366 of the Brunswick County Registry; running thence
from said pipe:
1. South 83 degs. 37 min. 12 sec. East, 299.9 feet along the northerly line of aid Lot 28
to an old iron pipe in the westerly line of a 25 foot service toad right of way
(unopened) as shown on said map of Bridge Point; last said pipe marking the
easternmost corner of said Lot 28; thence
2. South 06 degs. 19 min. 40 see. West, 100.08 feet along the westerly line of said 25
foot road right of way to a new iron pipe at the southernmost comer of Lot 29 as
shown on said map of Bridge Point; thence
3. North 83 degs. 33 min 47 sec. West, 299.35 feet along the southerly line of said Lot
29 to an old iron pipe on the easterly right of way line of said Old Bridge Road;
thence
4. North 06 degs. 04 min. 33 sec. East, 99,78 feet along the easterly right of way line
of said Old Bridge Road to the point of beginning.
Tihe above described tract contains 0.69 acres, more or less
The same being all ofLots 28 and 29 as shown on said map of Bridge Point recorded in Map Cabinet
R, at Page 366 of the Brunswick County Registry.
The same also being that tract deeded to Quality Farm, Inc. by deed recorded in Book 1431 at Page
1423 of said Registry.
Also being the same property conveyed to S & R Properties I, LLC and described on Exhibit A, by
dyed recorded in Book 2389, page 98, Brunswick County Registry.
RECEIVED
DCM WILMINGTON, NC
AUG 2 3 2007

08/14/2007 15:36 9104540663 GARVLAWRENCE PAGE 06/07
3°o6�
UIcC�tvNJ,erfV"sPaP5f
TRACT THREE:
BEGINNING at a new iron pipe at the southernmost comer of a tract to Marjorie A. Burnett, et al,
by deed recorded in Book 1145 at Page 1219 ofthe Brunswick County Registry, said beginning pipe
being the easternmost corner of a tract conveyed to Viable, Corp. by deed recorded in Book 1191
at Page 952 of the Brunswick County Registry, said beginning pipe also being in the westerly line
of"Westport at South Harbour Village" as shown on a map recorded in Map Cabinet 24 at Page 445
of said Registry; running thence from said beginning pipe:
I . South 06 degs. 37 min. 02 sec. West, 300.00 feet along the dividing line between said
Westport at South Harbour Village and said tract deeded to Viable, Corp., to a new
iron pipe, last said point being the easternmost comer of a 15.75 acre tract shown on
a map entitled "Survey for Sandy Tyner" recorded in Map Cabinet 18 at Page 463 of
said Registry; thence
2. North 83 degs. 33 min. 47 sec. West, 475,71 feet along the dividing line between said
Viable, Corp. and said 15.75 acre tract, to a new iron pipe on the easterly line of a 25
foot road right of way (unopened), as shown on a map of "Phase 1, Bridge Point"
recorded in Map Cabinet R at Page 3669 of said Registry; thence
3. North 06 degs. 19 min. 40 sec. East, 300.12 feet along the easterly right of way line
of said 25 foot read to a new iron pipe at the northernmost comer of said tract deeded
to Viable, Corp.; thence
4. South 83 degs. 32 min. 55 sec. East, 477.23 feet passing through an old iron pipe at
474.97 feet, along the northerly line of said Viable, Corp. Tract to the point of
beginning.
The above described tract contains 3.28 acres, more or less.
The same being that tract deeded to Viable, Corp. by deed recorded in Book 1191 at Page 952 of the
Brunswick County Registry.
Being the same property conveyed to S & R Properties 1, LLC and described on Exhibit B, by deed
recorded in Book 2389, page 98, Brunswick County Registry.
RECEIVED
DCM WLMiniGTON, NC
AUG 2 3 2007

08/14/2007 15:36 9104540663 GARYLAWRENCE PAGE 07/07
IIIIIIIIIIIIJIFIl1p PW �° en
arvurlek Cant . RC Is �r a OMB . Re►l
TRACT FOUR:
BEING all of Loots 42, 43, 44 and 45, Phase 1, Bridge Point Subdivision, as shown on map retarded
in Map Cabinet R, Page 366, Bnmswick County Registry.
Same being a portion of property conveyed in Deed recorded in Book 1167, Page 757 of said
Registry.
Being the same property conveyed to S & R Properties L LLC by deed recorded in Book 2145, Page
331, Brunswick County Registry.
RECEIVED
DCM WILMING,TON, NC
AUG 2 3 2007

NOTI(lo$17i
CAMA PERMIT
APPLIED FOR
.� . -
:. . . . . --- _
Island and inicorporated Brunswick County.
COMMENTS ACCEPTED THROUGH May 9, 2008
APPLICANT:
Coastal Management Solutions
For Oak Island Property Holdings
206 Margo Court
New Bern, NC 28562
FOR MORE DETAILS CONTACT
THE LOCAL PERMIT OFFICER BELOW:
NC Div. of Coastal ManaUemellt
it
1 ar InaDr. Ext.
1 ming on, NC 26,405.

_ems
NCDENR
North Carolina Department of Environment and Natural Resources
Division of Coastal Management
Michael F. Easley, Governor James H. Gregson, Director William G. Ross Jr., Secretary
April 15, 2008
Coastal Management Solutions
Mr. Roger Schecter
206 Margo Ct.
New Bern, NC 28562
Dear Mr. Schecter,
The Division of Coastal Management hereby acknowledges receipt of your application, acting as agent for Oak Island
Properties, LLC, for State approval for development of property located on Old Bridge Road, Oak Island, in Brunswick County. It
was received complete on 3/25/08 and appears to be adequate for processing at this time. The projected deadline for making a
decision is 6/9/07. 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.
If this agency does not render a permit decision within 70 days from 3/25/08, you may request a meeting with the Director of
the Division of Coastal Management and permit staff to discuss the status of your project. Such a meeting will be held within five
working days from the receipt of your written request and shall include the property owner, developer, and project designer/consultant.
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.
An onsite inspection will be made, and if additional information is required, you will be contacted by the appropriate State or
Federal agency. Please contact me if you have any questions and notify me in writing if you wish to receive a copy of my field report
and/or comments from reviewing agencies.
Sincerely,
eHez er Coats
Field Representative
cc: Doug Huggett, DCM
Ted Tyndall, DCM
Steven H. Everhart, DCM
Dave Timpy, COE
Oak Island Properties, LLC, Applicant
Donna Coleman, LPO, Town of Oak Island
Connie Marlowe, LPO, Brunswick County
127 Cardinal Drive Extension, Wilmington, North Carolina 28405-3845
Phone: [phone]\Fax: [phone] \ Internet: http://www.nccoutalmanagement.net
An Equal Opportunity \ Affirmative Action Employer - 50% Recycled \100/6 Post Consumer Paper

NOTICE OF FILING OF
APPLICATION FOR CAMA MAJOR
DEVELOPMENT PERMIT
The Department of Environment and Natural Resources hereby gives public notice as
required by NCGS 113A-119(b) that application for a development permit in an Area of
Environmental Concern as designated under the CAMA was received on March 25, 2008.
According to said application, Oak Island Property Holdings, LLC proposes to develop
a condominium complex with amenities, marina basin and docking facilities, including fuel
and pumpout, on Old Bridge Rd., adjacent to the AIW W, in Oak Island / Brunswick County.
A copy of the entire application may be examined or copied at the office of Heather Coats, N.C.
Dept. of Environment and Natural Resources, Division of Coastal Management,127 Cardinal Drive
Extension, Wilmington, North Carolina 28405, (910-796-7215) during normal business hours.
Comments mailed to James H. Gregson, Director, Division of Coastal Management, 400
Commerce Avenue, Morehead City, NC 28557-3421, prior to May 9, 2008 will be considered in
making the permit decision. Later comments will be accepted and considered up to the time of
permit decision. Project modification may occur based on review and comment by the public and
state and federal agencies. Notice of the permit decision in this matter will be provided upon written
request.
P
ll:
Morehead City DCM

LTIPFA
NCDENR
North Carolina Department of Environment and Natural Resources
Division of Coastal Management
Michael F. Easley, Governor James H. Gregson, Director William G. Ross Jr., Secretary
April 16, 2008
[e-mail]
2 Pages
Star News
Legal Advertisement Section
Post Office Box 840
Wilmington, North Carolina 28402
Kyle:
Re: Oak Island Resort Major Public Notice
Please publish the attached Notice in the Friday, April 18, 2008 issue.
The State Office of Budget and Management requires an original Affidavit of Publication
prior to payment for newspaper advertising. Please send the original affidavit of the published
notice to Melissa Sabastian, 400 Commerce Avenue, Morehead City, N.C. 28557, [phone].
Please send the original invoice and a copy of the affidavit for payment to Shaun Simpson, Division
of Coastal Management, 127 Cardinal Drive Extension, Wilmington, NC 28405, 910-796-7226.
Paying by Credit Card (number on file with Elsa Lawrence, Ref acct # 796-7215).
Please send a fax of the credit card receipt to me.
Thank you for your assistance in this matter. If you should have any questions, please contact
me at our Wilmington office.
Enclosure
cc: File Copy
Doug Huggett
Sincerely,
aun Sim son
Permits Support Technician
r}'�''�
APR 1 S 2008
iviora'1eao City DCM

Development Type
FEE
DCM %
(14300 1601 435100093 1625 6253)
DWQ %
f24300 1602 435100095 234 1
I. PrNale, noncommercial
developmen(Ihat does not involve
S250
100%(S250)
0%(SO)
the filling or excavation of any
wetlands or open water areas:
II. Public or commercial development
that does not Involve the filling or
$400
100% (S400)
0 % (SO)
excavation of any wetlands or open
water areas:
III. For development that involves the
filling andlor excavation of up to 1
acre of wetlands and/or open water
areas, determine if A. B. C, or D
below applies:
III(A). For Private, non-commercial
development, If General water Duality
$250
100 % (S250)
0% (SO)
Cerifirtion No 3490(see attached)
can be applied:
III(B): For public or commercial
development if General water Quality
$400
100%(S400)
096(SO)
CeNlicz6an No.3301 (see attached)
can be applied:
III(C). If General Water Quality
-
Certification No. 3301 (see attached)
could be applied, but DCM stag
determined that additional review and(S24?)
40%(S160)
wnhen DWQ concurrence is needed
because of concems related to water
A
quality or aquatic life:
III(D). If General Water Quality
Certification No. 3301 (see attached)
00
60% (S240)
40% (S160)
can not be applied:
M For development that involves
the filling and/or excavation of more
S475
60%(S265)
40%(S190)
than one acre of wetlands and/or
open water areas:

UIC, INC. P02
PLANNED WATERFRONT PI
REVISED / t,�ow 4cv;-, (ok
3i20/96. IWA5
MARSH
EXIST!NG RIP RAP
TO BE REMOVE❑
PARKING AREA WING WALL- T T \
J
20' , 3� , --,DREDGING LIMITS
SCALE 1°=50' RAMPS TO
FLOATING FINGERS
-_ 18, 20' SLIPS
NEW SULKHEAD
EXISTING— 60'---
UUILL)IN(a ARFA i J
:.E iAINING WALL
FUEL•, FIN�ER (FLOATING)
TANKS
WING WALL-��, I PILIGS
ICE HOUSE - l
PAMPA
6' DESIGN DEPTH
• i MLVw
EXISTING `' I
RIP RAP AREA
-- r ' . •.. SIDE. I 0 MI-MRINGS
MH W \��r!.;�. .
WOODEN PIER
6' WIDE SULKHEAD. )fTr)GING
I INTRACOASTA WATERWAY
BRUNSWICK CM., NORTH (;AROLINA
SANDY TYNER
Iz"IT�311EL-riOr 7 REVISED

L _ N1Rrar (�ro.IrRu Inv N :��
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OF E LINCY BEARING. DISTANCE - BOms R[CIMIgN ug4pCipN O(t$2LTWJLK
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Permit Class
NEW
Permit Number
40-96
STATE OF NORTH CAROLINA
Department of Environmett,:Health & Natural Resources
and .-
Coastal Resources Commission
P I It
%
Major Development in an Area of Environmental Concern
pursuant to NCGS 113A=118..
% Excavation and/or filling pursbant to NCGS 113-229
Issued to Sandy Tyner, 1320 George H Hwy., S.E., Bolivia, NC 28422
authorizing development in
Brunswick
County at AIWW° immediately east of Hwy. 133 bridge
,as requested in the permittee's application dated 11/29/95 including attached
workplan drawings, sheets 1-5 of 7 w/sheet 1 dated revised 3/20/96 and sheets 2-5 dated rec. 11/30/95.
This permit, issued on MARCH 27, 1996 , 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.
Easement
1) Prior to construction of any new boat slips or other boat docking facilities authorized under this
permit, the permittee must apply for and receive an Easement from the Department of
Administration's State Property office as required under N.C.G.S. 146-12(e).
Excavation
2) The area proposed to be excavated in the permittee's application is hereby reduced to an area
360' x 60' which is depicted in the revised workplan dated 3/20/96.
3) Finished water depth in the basin will slope from 5' MLW at the north end to 6.5' at the AIWW
connection.
(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. 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
ecember 31, 1th4�9e rmit expires on
D
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.
Roger . S hecter, Director
Division of Coastal Management
This permit and its conditions are hereby accepted.
Signature of Permittee

Sandy Tyner
ADDITIONAL CONDITIONS
Permit #40-96
Page 2 of 4
4) 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.
5) 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 spillover
of solids into any marsh or surrounding waters. An inspection of the spoil disposal area by a
DCM representative is required prior to initiation of dredging.
6) 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.
7) 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.
8) A water control structure will be installed at the intake end of the effluent pipe to assure
compliance with water quality standards.
9) The spoil area will be properly graded and provided a ground cover sufficient to restrain erosion
within thirty (30) working days of project completion.
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 waterbody is 25 NTUs or less are not considered significant.
Bulkhead Construction
11) The alignment of the proposed bulkhead must be staked by a representative of the Division of
Coastal Management (DCM) within a maximum of thirty (30) days prior to the start of
construction. Failure to initiate construction within thirty (30) days, or erosion of the shoreline
by adverse weather conditions, will require the alignment to be re -staked by DCM within a
maximum of thirty (30) days prior to the new expected start of construction.
12) The bulkhead must be constructed prior to any backfilling activities.
13) 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.

Sandy Tyner Permit #40-96
Page 3 of 4
ADDITIONAL CONDITIONS
14) All backfill material will be obtained from a highground source, and/or the dewatered dredge
spoil, and confined behind the permitted bulkhead.
Marina Operation
15) 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.
16) This permit authorizes only the docks, piers, and other structures and uses located in or over
the water that are expressly and specifically set forth in the permit application. No other
structures, whether floating or stationary, may become a permanent part of this marina without
permit modification. No non -water dependent uses of structures may be conducted on, in, or
over public trust waters without permit modification.
17) The permittee must install and maintain, at his expense, any signal lights and signals prescribed
by the U. S. Coast Guard, through regulations or otherwise, on authorized facilities.
18) This permit does not authorize the interference with any existing or proposed Federal project,
and, the permittee will 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.
19) 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 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.
20) The permittee will maintain the authorized work in good condition and in conformance with the
terms and conditions of this permit. The permittee is not relieved of this requirement if he
abandons the permitted activity without having the permit transferred to a third parry.

,
NCDENR
North Carolina Department of Environment and Natural Resources
Division of Coastal Management
Michael F. Easley, Governor
MEMORANDUM
TO: Doug Huggett
James H. Gregson, Director
FROM: Heather Coats
DCM Field Representative, Wilmington
THRU: Steven H. Everhart, PhD
DCM District Manager, Wilmington
DATE: November 14, 2008
SUBJECT: Oak Island Property Holdings, LLC- Oak Island Resort
Modified Application Review
Brunswick County
William G. Ross Jr., Secretary
I
N
U V 1 8 2008
Morehead City DCM
Mr. Roger Schecter, acting agent for Oak Island Property Holdings, LLC, has submitted a modification
of the application for Oak Island Resort, off Old Bridge Road, adjacent to the AIWW. The modified
application relocates the upland basin boundary outside of the USACE right-of-way, thereby reducing coastal
wetland impacts, reduces the proposed dredge depth of the maintained channel located outside of the marina
basin, and reduces the length of the transient dock. I have no objections to these proposed modifications as
stated in the narrative and on plans dated as resubmitted on 9/24/08, but there does appear to be additional
modification to the walkway around the perimeter of the marina basin. What appears to be a walkway is shown
at 10' in width, with an excess of 200 square feet of platform (collectively) within the 30' estuarine shoreline
buffer. This may be inconsistent with NCAC 07H.0209(d)(10)(D), which states within the 30' estuarine
shoreline buffer, "elevated, slatted, wooden boardwalks exclusively for pedestrian use [shall be] six feet in
width or less. The boardwalk may be greater than six feet in width if it is to serve a public use or need". It
would also seem to be inconsistent with NCAC 07H.0209(d)(10)(F), which states development within the
buffer is limited to "decks/observation decks limited to slatted, wooden, elevated and unroofed decks that shall
not singularly or collectively exceed 200 square feet". I further recommend that any permit issued include all
conditions as previously submitted.
cc: Wilmington Files
,&l

Min
Marina Installations Group
NC Building and Marine Contractor - Unlimited License #59229
Marina Fuel System Design Features
• Solenoid valves at the bulkhead only allow pump pressure to the fuel line on
the floating dock while dispenser is activated.
• Emergency shut-off disconnects power to pump and solenoid valves.
• APT Marina/Aboveground product piping. The MD series piping systerrr/
contains UL/ULC971 listed product piping inside a flexible UL36O listed
metallic conduit.
• Stainless steel sumps at every joint location in the piping system and under
each dispenser.
k
Liquid sensors in every sump which sounds an audible alarm to alert the
attendant to a possible leak.
• Leakdetector in the fuel line restricts flow if a leak develops.
Breakaway valves at the nozzles.
• Automatic nozzles shut off if fuel backs up in the fill pipe from the boat.
• Hold open devices on the automatic nozzle is removed.
• Attendants are trained in proper fueling procedures and spill response.
• SPCC plan is kept on site.
114 Portwatch Way Suite 103 Wilmington, NC 28412 [phone] (fax) 784-9178

F
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NCDENR
North Carolina Department of Environment and Natural Resources
Division of Coastal Management
Michael F. Easley, Governor James H. Gregson, Director William G. Ross Jr., Secretary
October 8, 2008
MEMO TO: Fritz Rohde, DMF
Molly Ellwood, WRC
Chad Coburn, DWQ
Dave Timpy, USACE
Heather Coats, DCM
FROM: Doug Huggett
SUBJECT: Additional Information submittal for Oak Island Property
Holdings, LLC, Brunswick County.
You should have received a copy of the subject permit application package in April of
this year, and subsequently submitted comments on the project. Based on your comments, and
well as various meetings between resource agencies and the applicant's consultant, a modified
project proposal has been submitted for the project. It is the hope of the applicant that the
modified proposal satisfies agency concerns. With this in mind, I would like to ask that
everyone review this modified proposal and submit comments to me by October 31, 2008. I
would also like to point out that the drawings submitted show 10' wide walkways over coastal
wetlands. The consultant has informed me the 10-foot width is in error, and it should be a
maximum of 6 feet wide. I informed the consultant that a permit, if issued, would condition
these walkways accordingly, and additional revisions of the drawings would not be necessary.
Should you have any issues or concerns relating to this modified proposal, please let me know.
Thanks in advance for your attention to this issue.
400 Commerce Avenue, Morehead City, North Carolina 28557
Phone: [phone] FAX: [phone] Internet: www.nccoastalmanagement.net
An Equal Opportunity 1 Affirmative Action Employer-50% Recycled 110% Post Consumer Paper

RE: Oak Island
Subject: RE: Oak Island
From: "Timpy, David L SAW" <[e-mail]>
Date: Tue, 2 Dec 2008 09:14:00 -0500
To: "Gary Mitchell" <[e-mail]>
CC: "Walker, William T SAW" <[e-mail]>, "Doug Huggett" <[e-mail]>
The Corps should be issueing a public notice and notice to mariners within the next week. The comment period will be 30 day
following the date of issuance. Following the comment period and reciept of all the public comments, the Corps will make a
decision on the permit process will use for the project. In addition, the permit application will be distributed to federal agencies fi
review under our GP 291 process.
Hope this helps. Call me if you have any other questions.
Dave Timpy
Regulatory Division
Project Manager
US Army Corps of Engineers
Wilmington District
Wilmington, North Carolina 28402-1890
Office: 910-25IA634
Fax: 910-251AO25
Email:[e-mail]
Website: http'//w saw mace.army.mil
From: Gary Mitchell[mailto:[e-mail]
Sent: Tuesday, December 02, 2008 9:15 AM
To: Timpy, David L SAW
Subject: Oak Island
Dear Mr. Timpy,
I am wondering if you can advise me as to the status of the Oak Island Project?
Thank you,
Gary A. Mitchell
The Clark Group
Post Office Box 10136
Wilmington, NC 26404-0136
Phone: [phone]
Facsimile: [phone]
Web: www.clarkarouo.us
This transmission (including attachments, if any) is intended for the use of the individual or entity to which it is addressed and may
contain information that is privileged, proprietary, confidential and exempt from disclosure. If you are not the intended recipient, you
are notified that any dissemination, distribution or copying of the communication is strictly prohibited. If you have received this
communication in error, please notify the sender and delete this transmission immediately.
Thank you
1 of 1 12/2/2008 10:17 AM

Re: Oak Island Resort
Subject: Re: Oak Island Resort
From: Rich Weaver <[e-mail]>
Date: Tue, 26 Aug 2008 08:57:29 -0400
To: Roger Schecter <[e-mail]>
Thanks for the update Roger! I'll tell Doug to keep his eyes peeled for the updated
drawings! Take care Roger, you were a pleasure to work with and I look forward to
crossing your path in the future!
Roger Schecter wrote:
IRich: Delayed response 'cause my computer caught a virus and was taken to
the "healer"!!
Re: Tempy's comments... Gary has been meeting with folks in the Navigation
Branch and Regulatory Branch over the past several weeks. Bottom
line... Navigation doesn't have any problems with the transient dock, but
Tempy is sticking to his opinion that there is an issue (????). So, there is
an agreement that no IP, just a "Joint 291" review.
And... the client has just yesterday decided that he wants 10-foot wide
elevated walkways over 404 wetlands (as well as uplands (still maintaining
6-foot over coastal marsh)! S0000... the plats you just received should be
recycled!!! Revisions are being made on plat 5 of 13 for my review early
next week. Then, changes will need to be made on the remaining plats as
cross sections will also need to be revised. Additionally, the
mitigation/restoration plan is still being finalized and I want this to be
part of our package submission to DCM.
Looks like I won't get this finalized and to you before you fly the coup(
Please tell me that Doug will be handling this project in your absence!!!
Best of luck!!!
Roger
-----Original message -----
From: Rich Weaver [mailto:[e-mail]] Sent: Thursday, August 21, 2008
3:11 PM
To: Roger Schecter
Subject: Re: Oak Island Resort
Hey Roger, I received the revised drawings today, and according to this email and
the drawings, the transient dock remains. The last discussion I recall with Dave
Timpy regarding the transient dock is that if you choose to keep it, the proposal
will be elevated to an Individual Permit from the Corp. Have you heard
differently, or does your client wish to pursue and I.P from the COE?
Roger Schecter wrote:
Rich: You should receive the revised plats number 5 of 13 through 13 of 13
via UPS tomorrow. The revisions reflect 1. Reducing the transient dock and
moving the remainder to deeper water, 2. Moving the upland basin footprint
back from and out of the Corps ROW (which also reduced the coastal marsh
impact from 1,026 sf to 601 sf), 3. Changes in the slip make up, and 4. Cross
section revisions for the maintenance dredge area to show the eastern edge to
be at a 2 to 1 slope.
I will revise the application forms accordingly, making the changes and
initialing/dating them, revise the narrative showing changes in italics, and
responding to agency comments in a separate document. Hope to get those to
you by Monday of next week.
,I - 8/26/2008 8:57 AM

Re: Oak Island Resort
Thanks,
Roger
Coastal Management Solutions
206 Margo Court
New Bern, N. C. 28562
252-670-1393
schecter [e-mail]
No virus found in this outgoing message.
Checked by AVG.
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AM
No virus found in this incoming message.
Checked-by'AVG. Version: 7.5.524 / Virus Database: 270.6.6/1625 - Release Date:
8/21/2008
6:04 AM
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Checked by AVG. Version: 7.5.524 / Virus Database: 270.6.6/1627 - Release Date:
8/22/2008
6:48 AM
2 of 2 8/26/2008 8:57 AM

Re: Oak Island Resort
Subject: Re: Oak Island Resort
From: Rich Weaver <[e-mail]>
Date: Thu, 21 Aug 2008 15:11:22 -0400
To: Roger Schecter <[e-mail]>
Hey Roger, I received the revised drawings today, and according to this email and
the drawings, the transient dock remains. The last discussion I recall with Dave
Timpy regarding the transient dock is that if you choose to keep it, the proposal
will be elevated to an Individual Permit from the Corp. Have you heard
differently, or does your client wish to pursue. and I.P from the COE?
Roger Schecter wrote:
Rich: You should receive the revised plats number 5 of 13 through 13 of 13 via
UPS tomorrow. The revisions reflect 1. Reducing the transient dock and moving
the remainder to deeper water, 2. Moving the upland basin footprint back from and
out of the Corps ROW (which also reduced the coastal marsh impact from 1,026 sf
to 601 sf), 3. Changes in the slip make up, and 4. Cross section revisions for
the maintenance dredge area to show the eastern edge to be at a 2 to 1 slope.
I will revise the application forms accordingly, making the changes and
initialing/dating them, revise the narrative showing changes in italics, and
responding to agency comments in a separate document. Hope to get those to you
by Monday of next week.
Thanks,
Roger
Coastal Management Solutions
206 Margo Court
New Bern, N. C. 28562
252-670-1393
[e-mail]
No virus found in this outgoing message.
Checked by AVG.
Version: 7.5.524 / Virus Database: 270.6.5/1618 - Release Date: 8/18/2008 6:51 AM
1 1 of 1 8/21/2008 3:14 PM

Ke: uaK rsiana rroperty rimumgs, r,r.i,
/
Subject: Re: Oak Island Property Holdings, LLC
From: Doug Haggett <[e-mail]>
Date: Tue, 25 Nov 2008 09:50:38 -0500
/
To: "Timpy, David L SAW" <[e-mail]>
CC: Doug Huggett <[e-mail]>
dave
have you decided yet on how to proceed with this one. Roger is calling for a status update.
thanks
doug
Timpy, David L SAW wrote:
Doug,
This a GP291. It has not been sent for comment yet and we may be issuing a public notice and NTM.
dave
From: Doug Huggett rmaI1to:[e-mail]
Sent: Tuesday, November 11, 2008 5:42 PM
To: Heather Coats; Chad Coburn; molly elwood; Timpy, David L SAW
Cc: Doug Huggett
Subject: Oak Island Property Holdings, LLC
Hi all, hope everything is going well.
<!--[if !supportEmptyParas]--> <!--[endif]-->
With regards to the referenced project, I should have sent each of you a modified proposal to the original major permit
request on October 8th. The applicant's consultant is calling asking for an update, and I cant really move forward until I get
your comments and/or permits back. When everyone gets a free moment (like that ever happens), can you let me know the
status of your comments?
<!--[if !supportEmptyParas]--> <!--[endif]-->
Thanks a lot, and sorry to be a pain
<!--[if !supportEmptyParas]--> <!--[endif]-->
Doug
1 of 1 11/25/2008 9:51 AM

Oak Island Property Holdings, LLC
Subject: Oak Island Property Holdings, LLC
From: Doug Huggett <[e-mail]>
Date: Tue, 11 Nov 2008 17:42:16 -0500
To: Heather Coats <[e-mail]>, Chad Coburn <[e-mail]>, molly elwood
<[e-mail]>, DAVE TIMPY <[e-mail]>
CC: Doug Huggett <[e-mail]>
Hi all, hope everything is going well.
With regards to the referenced project, I should have sent each of you a modified proposal to the original major permit request
on October 8111. The applicant's consultant is calling asking for an update, and I cant really move forward until I get your
comments and/or permits back. When everyone gets a free moment (like that ever happens), can you let me know the status of
your comments?
Thanks a lot, and sorry to be a pain
Doug
1 of 1 11/11/2008 5:42 pM

LETTER OF TRANSMITTAL
Cape Fear Land Managers
3317 Masontioro Road, Suite 150
Wilmington, NC 28409
Phone: [phone]
Fax: [phone]
To: Rich Weaver
North Carolina Division of Coastal Management
400 Commerce Drive
DATE: August 20. 2008 Job No.
ATTENTION: Rich Weaver
RE: Oak Island Resort
Brunswick County, NC
RESUBMITTAL 2/20/08
AUG 2 1 2008
Morehead City, NC 28557
Telephone: [phone]
WE ARE SENDING YOU: ❑ Attached ❑ Under Separate Cowx
❑ Shop Dn rgs ❑ Prints ❑ Plans
❑ Spedfications ❑ Copy of Letter ❑ Change Order
Morehead GO BEM
❑ VIE Fed Ex
❑ Via Hared Ddiver,
❑ other
Copies
Date
Dwg. No.
Description
15
""
5 Thru 13
Oak Island Resorts CAMA Submission Dw s.
"'" All Drawings Are Noted 'Resubmitted August 20, 2008"
Drawing Sheets 1 & 2 Were Plan & Details of the Wave Attenuator- These Dw s. Are
Unchanged.
Drawing Sheets 3 & 4 Were Topografic Survey Plans by Michael Underwood & Assocs.
These Dw s Are Unchanged.
THESE ARE TRANSMITTED (as checked below:)
❑ For Quote ❑ Approved as SuMnRted
❑ For Your Information ❑ Approved as Noted
❑ As Requested ❑ Returned for Corrections
❑+ For ReNew and Comment ❑ For Bids ASAP
REMARKS:
cc:
❑ Rewtxnit Copies for Approval
❑ SubmR Copies M Distribudon
❑ Return corrected Prints
❑ 0drer
SIGNED Ri.chardi. 9furst

ci'ak lslamd Properties, SAW 2007-3577-010, STATUS
Subject: Oak Island Properties, SAW 2007-3577-010, STATUS
From: "Timpy, David L SAW" <[e-mail]>
Date: Thu, 7 Aug 2008 16:01:05 -0400
To: "Chad Coburn " <[e-mail]>, "Daniel Govoni" <[e-mail]>,
"Doug Huggett" <[e-mail]>, "Joanne Steenhuis" <[e-mail]>,
"Rich Weaver " <[e-mail]>
CC: "Molly Ellwood" <[e-mail]>, "Hargrove, James T SAW"
<James.T.Hargrove @ s aw02.us ace. army.mil>
This is latest action on this project that I am aware of. Please note the statement that the "ownership" has agreed
to remove the encroachment of the basin into the Corps ROW.
Apparently, a remaining issue is the floating dock along the AIW W. Since it's been almost a month, I will be
sending the applicant an incomplete letter and will close the file in 30 days if we do not hear back. I'll copy the
usual agency list.
Dave
From: Harris, Keith A SAW
Sent: Tuesday, July 15, 2008 9:53 AM
To: [e-mail]
Cc: Timpy, David L SAW; Jolly, Samuel K SAW
,Subject: RE: SAW 2007-3577
Mr Mitchell
The area in question has also been identified to our office by many local boating interests, waterfront property
pwners, and the County of Brunswick as a high boat traffic area and that safety problems are common. The
county is developing a plan to apply for a No Wake Zone for this entire area and have already obtained approval
as such thru the state legislature. Mr Timpy must issue a Notice to Mariners and get boating interests comments
on the floating fueling facility before he can authorize such in this conjested area. Alternatively, your client could
await our future review of the No Wake Zone request (following the county's formal request). Should that
review find that the area does not have safety issues, you request for your client's project review under 291 could
be considered. Currently, an Individual Permit process is our best vehicle to provide the Notice to Mariners
coordination to occur pursuant to our navigation responsibilities under the Rivers and Harbors Act of 1899.
Following this review, we can best judge if the fueling facility is a minimal impact project that would qualify under
the 291 process.
keith
From: Gary Mitchell [mailto:[e-mail]]
Sent: Monday, July 14, 2008 4:44 PM
To: Harris, Keith A SAW
Subject: SAW 2007-3577
Keith Harris
Field Office Manager
Wilmington Regulatory Field Office
Wilmington District
South Atlantic Division
United States Army Corps of Engineers
1 of 2 8/7/2008 4:14 PM

Gak Island Properties, SAW 2007-3577-010, STATUS
Dear Mr. Harris,
I am sending this correspondence in regard to a project within the County of Brunswick, State
of North Carolina and adjacent to the Atlantic Intercoastal Waterway (AIWW), further referred
to as the Oak Island Resort and Harbor and assigned Action ID SAW 2007-3577. This project
along with its inland harbor construction is currently being pursued as a Major CAMA permit
as demonstrated on the plans provided to your office.
Though many issues have been worked out with concerned agencies, including one with the
USACE Navigation Branch in which a minor encroachment was shown inside the AIWW
ROW, which the ownership has agreed to remove and reconfigure their inland harbor
footprint so as to eliminate any such encroachment, there seems to be at least one issue yet
to be resolved.
The plan proposes a 360 +/- foot floating transient and fuel dock adjacent to the AIWW but
outside of the channel setback. This dock is a component of the overall site plan. Throughout
conversation and discussion with Mr. David Timpy, he has indicated that if this dock remains
a component of our overall development plan that it would be necessary for the USACE
Regulatory to disengage from the Major CAMA permit/ 291 joint process. This of course
would cause additional delays in our project. We would hope that due to the minimum
concern of the navigational section and other regulatory agencies that this particular
component could be retained in the joint process so as to expedite our client's project goals. I
understand Mr. Timpy's concern with this item, however I feel that there are venues within the
291 joint Corps/CAMA process in which to reach the desired goals of inputs from others as to
the location, construction and operation of this particular component. I would be happy to
meet with you and Mr. Timpy to explore our options for this project. I would be most
appreciative if you could assist us in this matter so as we could move our project forward in a
positive manner.
Thank you for your time and consideration; I look forward to hearing from you in the very near
future.
Sincerely,
Gary A. Mitchell
2 of 2 MINN 4:14 PM

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