91-96 Minor Mod 12/2008 Bald Head Island Limited LLC

Permit Class
-MODIFICATION/NIINOR
Permit Number
91-96
STATE OF NORTH CAROLINA
Department of Environment and Natural Resources
and
Coastal Resources Commission
,Permit
for
X Major Development in an Area of Environmental Concern
pursuant to NCGS 113A-118
X Excavation and/or filling pursuant to NCGS 113-229
Issued to Bald Head Island Limited, LLC., PO Box 3069 Bald Head Island, NC 28461
Authorizing development in Brunswick County at Cape Fear River, at South Port off SR
1540 . as requested in the permittee's letter dated 10/1/08 including the
attached work plan drawing (1) revised 10/1/08
This permit, issued on December 11 2008 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 SUD]eet r0 lines, nnprlslnlllellr VL Olvu auivial Va u,ay .,auo.. ... t+..•...... •.. ��...-.. -.. - .-._.
Marina Facility
1) Unless specifically altered herein, this permit authorizes the reconfiguration and construction of the
additional structures including the dock landings, aluminum ramps, pump -out station and holding
tank, fish cleaning station, gazebos, fuel dispensers with hose reels, and ramps associated with the
docks, piers, and other structures and uses located in or over the water that are expressly and
specifically set forth in the attached letter and workplan drawing. No other structure, whether
floating or stationary, shall become a permanent part of this docking facility without permit
modification. No non -water dependent uses of structures shall be conducted on, in or over public
trust waters without permit modification.
(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 shall be accessible on -site to Department
personnel when the project is inspected for compliance.
Any maintenance work or project modification not covered
hereunder requires further Division approval.
All work shall cease when the permit expires on
December 31, 2009
In issuing this permit, the State of North Carolina agrees
that your project is consistent with the North Carolina Coastal
Management Program.
Signed by the authority or me Secretary or ryrivrc WILL uic
Chairman of the Coastal Resources Commission.
James H. Gregson, Director
Division of Coastal Management
This permit and its conditions are hereby accepted.
Signature of Permittee

Bald Head Island Limited, LLC. Permit # 91-96
Page 2 of 2
ADDITIONAL CONDITIONS
2) The authorized covered gazebos shall not be enclosed. Any material used on the sides shall not obstruct
view and must be permeable to air and water. Screen or wire on the sides along with benches and knee
walls are permitted. Lattice is specifically excluded from being used under this authorization.
3) The roof of the covered gazebos shall not be designed for second story use.
Upland Development
4) Unless specifically altered herein, this permit authorizes the grading and other land disturbing activities
associated with the development of the above referenced property, including but not limited to the
electrical transformers/junction closures, electrical kiosks, gazebo/pergola, pool with associated decking,
parking areas, crofters with associated decks, and post fence/knee wall associated with the above
referenced property, all as expressly and specifically set forth in the attached letter application and
workplan drawing. Any additional land disturbing activities and/or construction may require a
modification of this permit. Contact a Division of Coastal Management representative at (910) 796-
7215 for this determination.
Sedimentation and Erosion Control
5) In order to protect water quality, runoff from construction shall not visibly increase the amount of
suspended sediments in adjacent waters.
6) 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, etc.).
NOTE: This permit does not eliminate the need to obtain any additional state, federal or local permits,
approvals or authorizations that may be required.
7) This minor modification shall be attached to the original of Permit No 91-96, which was issued on
6/3/96, as well as all subsequent modifications, refinements and renewals, and copies of all documents
shall be readily available on site when Division personnel inspect the project for compliance.
8) All conditions and stipulations of the active permit remain in force under this minor modification, unless
altered herein.

Permit Class
MODIFICATION/NIINOR
Permit Number
91-96
STATE OF NORTH CAROLINA
Department of Environment and Natural Resources
and
Coastal Resources Commission
Vermit
for
X Major Development in an Area of Environmental Concern
pursuant to NCGS 113A-118
X Excavation and/or filling pursuant to NCGS 113-229
Issued to Bald Head Island Limited, LLC., PO Box 3069, Bald Head Island, NC 28461
Authorizing development in Brunswick County at Cape Fear River, at South Port off SR
as requested in the permittee's letter dated 10/l/08. including the
attached work plan drawin¢ (1) revised 10/1/08
This permit, issued on December 11. 2008 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 subiect to fines, imprisonment or civil action; or may cause the permit to be null and void.
Marina Facility
1) Unless specifically altered herein, this permit authorizes the reconfiguration and construction of the
additional structures including the dock landings, aluminum ramps, pump -out station and holding
tank, fish cleaning station, gazebos, fuel dispensers with hose reels, and ramps associated with the
docks, piers, and other structures and uses located in or over the water that are expressly and
specifically set forth in the attached letter and workplan drawing. No other structure, whether
floating or stationary, shall become a permanent part of this docking facility without permit
modification. No non -water dependent uses of structures shall be conducted on, in or over public
trust waters without permit modification.
(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 shall be accessible on -site to Department
personnel when the project is inspected for compliance.
Any maintenance work or project modification not covered
hereunder requires further Division approval.
All work shall cease when the permit expires on
December 31, 2009
In issuing this permit, the State of North Carolina agrees
that your project is consistent with the North Carolina Coastal
Management Program.
Signed by the authority of the Secretary of DENK and me
Chairman of the Coastal Resources Commission.
James H. Gregson, Director
Division of Coastal Management
This permit and its conditions are hereby accepted.
Signature of Permittee

Bald Head Island Limited, LLC.
Permit # 91-96
Page 2 of 2
ADDITIONAL CONDITIONS
2) The authorized covered gazebos shall not be enclosed. Any material used on the sides shall not obstruct
view and must be permeable to air and water. Screen or wire on the sides along with benches and knee
walls are permitted. Lattice is specifically excluded from being used under this authorization.
3) The roof of the covered gazebos shall not be designed for second story use.
Upland Development
4) Unless specifically altered herein, this permit authorizes the grading and other land disturbing activities
associated with the development of the above referenced property, including but not limited to the
electrical transformers/junction closures, electrical kiosks, gazebo/pergola, pool with associated decking,
parking areas, crofters with associated decks, and post fence/knee wall associated with the above
referenced property, all as expressly and specifically set forth in the attached letter application and
workplan drawing. Any additional land disturbing activities and/or construction may require a
modification of this permit. Contact a Division of Coastal Management representative at (910) 796-
7215 for this determination.
Sedimentation and Erosion Control
5) In order to protect water quality, runoff from construction shall not visibly increase the amount of
suspended sediments in adjacent waters.
6) 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, etc.).
NOTE: This permit does not eliminate the need to obtain any additional state, federal or local permits,
approvals or authorizations that may be required.
7) This minor modification shall be attached to the original of Permit No 91-96, which was issued on
6/3/96, as well as all subsequent modifications, refinements and renewals, and copies of all documents
shall be readily available on site when Division personnel inspect the project for compliance.
8) All conditions and stipulations of the active permit remain in force under this minor modification, unless
altered herein.

Permit Class
MODIFICATION/NIINOR
Permit Number
91-96
STATE OF NORTH CAROLINA
Department of Environment and Natural Resources
and
Coastal Resources Commission
'Pr%mit
for
X Major Development in an Area of Environmental Concern
pursuant to NCGS 113A-118 .
X Excavation and/or filling pursuant to NCGS 113-229
Issued to Bald Head Island Limited, LLC., PO Box 3069, Bald Head Island, NC 28461
Authorizing development in Brunswick County at Cape Fear River, at South Port off SR
as requested in the permittee's letter dated 10/1/08, including the
attached work plan drawing (1), revised 10/1/08
This permit, issued on December I I.2008 , is subject to compliance with the application (where consistent
with the permit), all applicable regulations, special conditions and notes set forth below. Any violation of these terms may
be subject to fines, imprisonment or civil action; or may cause the permit to be null and void.
Marina Facility
1) Unless specifically altered herein, this permit authorizes the reconfiguration and construction of the
additional structures including the dock landings, aluminum ramps, pump -out station and holding
tank, fish cleaning station, gazebos, fuel dispensers with hose reels, and ramps associated with the
docks, piers, and other structures and uses located in or over the water that are expressly and
specifically set forth in the attached letter and workplan drawing. No other structure, whether
floating or stationary, shall become a permanent part of this docking facility without permit
modification. No non -water dependent uses of structures shall be conducted on, in or over public
trust waters without permit modification.
(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 shall be accessible on -site to Department
personnel when the project is inspected for compliance.
Any maintenance work or project modification not covered
hereunder requires further Division approval.
All work shall cease when the permit expires on
December 31, 2009
In issuing this permit, the State of North Carolina agrees
that your project is consistent with the North Carolina Coastal
Management Program.
Signed by the authority of the Secretary of DENR and the
Chairman of the Coastal Resources Commission.
James H. Gregson, Director
Division of Coastal Management
This permit and its conditions are hereby accepted.
Signature of Permittee

Bald Head Island Limited, LLC.
Permit # 91-96
Page 2 of 2
ADDITIONAL CONDITIONS
2) The authorized covered gazebos shall not be enclosed. Any material used on the sides shall not obstruct
view and must be permeable to air and water. Screen or wire on the sides along with benches and knee
walls are permitted. Lattice is specifically excluded from being used under this authorization.
3) The roof of the covered gazebos shall not be designed for second story use.
Upland Development
4) Unless specifically altered herein, this permit authorizes the grading and other land disturbing activities
associated with the development of the above referenced property, including but not limited to the
electrical transformers/junction closures, electrical kiosks, gazebo/pergola, pool with associated decking,
parking areas, crofters with associated decks, and post fence/knee wall associated with the above
referenced property, all as expressly and specifically set forth in the attached letter application and
workplan drawing. Any additional land disturbing activities and/or construction may require a
modification of this permit. Contact a Division of Coastal Management representative at (910) 796-
7215 for this determination.
Sedimentation and Erosion Control
5) In order to protect water quality, runoff from construction shall not visibly increase the amount of
suspended sediments in adjacent waters.
6) 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, etc.).
NOTE: This permit does not eliminate the need to obtain any additional state, federal or local permits,
approvals or authorizations that may be required.
7) This minor modification shall be attached to the original of Permit No 91-96, which was issued on
6/3/96, as well as all subsequent modifications, refinements and renewals, and copies of all documents
shall be readily available on site when Division personnel inspect the project for compliance.
8) All conditions and stipulations of the active permit remain in force under this minor modification, unless
altered herein.

Permit Class
MODIFICATION/NIINOR
Permit Number
91-96
STATE OF NORTH CAROLINA
Department of Environment and Natural Resources
and
Coastal Resources Commission
ihrmft
for
X Major Development in an Area of Environmental Concern
pursuant to NCGS 113A-118
X Excavation and/or filling pursuant to NCGS 113-229
Issued to Bald Head Island Limited, LLC., PO Box 3069, Bald Head Island, NC 28461
Authorizing development in Brunswick County at Cape Fear River, at South Port off SR
1540 . as requested in the permittee's letter dated 10/l/08 including the
attached work plan drawing (1) revised 10/1/08
This permit, issued on December 11, 2008 is subject to compliance with the application (where consistent
with the permit), all applicable regulations, special conditions and notes set forth below. Any violation of these terms may
)e sm))ecr ro Imes, rmprisonmeuL or ctvu acuVu, vi ulay �auao um F..,u1. w w ..,... ,....• •..
Marina Facility
1) Unless specifically altered herein, this permit authorizes the reconfiguration and construction of the
additional structures including the dock landings, aluminum ramps, pump -out station and holding
tank, fish cleaning station, gazebos, fuel dispensers with hose reels, and ramps associated with the
docks, piers, and other structures and uses located in or over the water that are expressly and
specifically set forth in the attached letter and workplan drawing. No other structure, whether
floating or stationary, shall become a permanent part of this docking facility without permit
modification. No non -water dependent uses of structures shall be conducted on, in or over public
trust waters without permit modification.
(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 shall be accessible on -site to Department
personnel when the project is inspected for compliance.
Any maintenance work or project modification not covered
hereunder requires further Division approval.
All work shall cease when the permit expires on
December 31, 2009
In issuing this permit, the State of North Carolina agrees
that your project is consistent with the North Carolina Coastal
Managefnent Program.
Signed by the authority of the secretary of utNK ana me
Chairman of the Coastal Resources Commission.
James H. Gregson, Director
Division of Coastal Management
This permit and its conditions are hereby accepted.
Signature of Permittee

Bald Head Island Limited, LLC. Permit # 91-96
Page 2 of 2
ADDITIONAL CONDITIONS
2) The authorized covered gazebos shall not be enclosed. Any material used on the sides shall not obstruct
view and must be permeable to air and water. Screen or wire on the sides along with benches and knee
walls are permitted. Lattice is specifically excluded from being used under this authorization.
3) The roof of the covered gazebos shall not be designed for second story use.
Upland Development
4) Unless specifically altered herein, this permit authorizes the grading and other land disturbing activities
associated with the development of the above referenced property, including but not limited to the
electrical transformers/junction closures, electrical kiosks, gazebo/pergola, pool with associated decking,
parking areas, crofters with associated decks, and post fence/knee wall associated with the above
referenced property, all as expressly and specifically set forth in the attached letter application and
workplan drawing. Any additional land disturbing activities and/or construction may require a
modification of this permit. Contact a Division of Coastal Management representative at (910) 796-
7215 for this determination.
Sedimentation and Erosion Control
5) In order to protect water quality, runoff from construction shall not visibly increase the amount of
suspended sediments in adjacent waters.
6) 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, etc.).
NOTE: This permit does not eliminate the need to obtain any additional state, federal or local permits,
approvals or authorizations that may be required.
7) This minor modification shall be attached to the original of Permit No 91-96, which was issued on
6/3/96, as well as all subsequent modifications, refinements and renewals, and copies of all documents
shall be readily available on site when Division personnel inspect the project for compliance.
8) All conditions and stipulations of the active permit remain in force under this minor modification, unless
altered herein.

Permit Class
MODIFICATION/1VIINOR
Permit Number
91-96
STATE OF NORTH CAROLINA
Department of Environment and Natural Resources
and
Coastal Resources Commission
e r M t
for
X Major Development in an Area of Environmental Concern
pursuant to NCGS 113A-118
X Excavation and/or filling pursuant to NCGS 113-229
Issued to Bald Head Island Limited LLC., PO Box 3069, Bald Head Island, NC 28461
Authorizing development in Brunswick County at Cape Fear River, at South Port off SR
as requested in the permittee's letter dated 10/l/08. including the
attached work plan drawing (1) revised 10/1/08
This permit, issued on December 11. 2008 is subject to compliance with the application (where consistent
with the permit), all applicable regulations, special conditions and notes set forth below. Any violation of these terms may
be subject to fines, imprisonment or civil action; or may cause the permit to be null and void.
Marina Facility
1) Unless specifically altered herein, this permit authorizes the reconfiguration and construction of the
additional structures including the dock landings, aluminum ramps, pump -out station and holding
tank, fish cleaning station, gazebos, fuel dispensers with hose reels, and ramps associated with the
docks, piers, and other structures and uses located in or over the water that are expressly and
specifically set forth in the attached letter and workplan drawing. No other structure, whether
floating or stationary, shall become a permanent part of this docking facility without permit
modification. No non -water dependent uses of structures shall be conducted on, in or over public
trust waters without permit modification.
(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 shall be accessible on -site to Department
personnel when the project is inspected for compliance.
Any maintenance work or project modification not covered
hereunder requires further Division approval.
All work shall cease when the permit expires on
December 31, 2009
In issuing this permit, the State of North Carolina agrees
that your project is consistent with the North Carolina Coastal
Management Program:
1XL: 2 2 ZOOM
Signed by the authority of ttaymff P1rNR affd,the, .
Chairman of the Coastal Resources Co=ission.
James H. Gregson, Director
Division of Coastal Management
This permit and its conditions are hereby accepted.
of Permittee

Bald Head Island Limited, LLC. Permit # 91-96
Page 2 of 2
ADDITIONAL CONDITIONS
2) The authorized covered gazebos shall not be enclosed. Any material used on the sides shall not obstruct
view and must be permeable to air and water. Screen or wire on the sides along with benches and knee
walls are permitted. Lattice is specifically excluded from being used under this authorization.
3) The roof of the covered gazebos shall not be designed for second story use.
Upland Development
4) Unless specifically altered herein, this permit authorizes the grading and other land disturbing activities
associated with the development of the above referenced property, including but not limited to the
electrical transformers/junction closures, electrical kiosks, gazebo/pergola, pool with associated decking,
parking areas, crofters with associated decks, and post fence/knee wall associated with the above
referenced property, all as expressly and specifically set forth in the attached letter application and
workplan drawing. Ariy additional land disturbing activities and/or construction may require a
modification of this permit. Contact a Division of Coastal Management representative at (910) 796-
7215 for this determination.
Sedimentation and Erosion Control
5) In order to protect water quality, runoff from construction shall not visibly increase the amount of
suspended sediments in adjacent waters.
6) 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, etc.).
NOTE:- �This.permivdoes not eliminate the need to obtain any additional state, federal or local permits,
approvals or'authorizations that may be required.
7) This minor modification shall be attached to the original of Permit No 91-96, which was issued on
6/3/96, as well as all subsequent modifications, refinements and renewals, and copies of all documents
shall be readily available on site when Division personnel inspect the project for compliance.
8) All conditions and stipulations of the active permit remain in force under this minor modification, unless
altered herein.

Permit Class
MODIFICATIONMILNOR
Permit Number
91-96
STATE OF NORTH CAROLINA
Department of Environment and Natural Resources
and
Coastal Resources Commission
Jkrtnt"t
for
X Major Development in an Area of Environmental Concern
pursuant to NCGS 113A-118
X Excavation and/or filling pursuant to NCGS 113-229
Issued to Bald Head Island Limited LLC., PO Box 3069, Bald Head Island, NC 28461
Authorizing development in Brunswick County at Cape Fear River, at South Port off SR
as requested in the permittee's letter dated 10/1/08 including the
attached work plan drawin¢ (1) revised 10/1/08
This permit, issued on December 11. 2008 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 subiect to fines. imprisonment or civil action; or may cause the permit to be null and void.
Marina Facility
1) Unless specifically altered herein, this permit authorizes the reconfiguration and construction of the
additional structures including the dock landings, aluminum ramps, pump -out station and holding
tank, fish cleaning station, gazebos, fuel dispensers with hose reels, and ramps associated with the
docks, piers, and other structures and uses located in or over the water that are expressly and
specifically set forth in the attached letter and workplan drawing. No other structure, whether
floating or stationary, shall become a permanent part of this docking facility without permit
modification. No non -water dependent uses of structures shall be conducted on, in or over public
trust waters without permit modification.
(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 shall be accessible on -site to Department
personnel when the project is inspected for compliance.
Any maintenance work or project modification not covered
hereunder requires further Division approval.
All work shall cease when the permit expires on
December 31, 2009
In issuing this permit, the State of North Carolina agrees
that your project is consistent with the North Carolina Coastal
Management Program.
Signed by the authority of the Secretary of DENR and the
Chairman of the Coastal Resources Commission.
James H. Gregson, Director
Division of Coastal Management
This permit and its conditions are hereby accepted.
Signature of Permittee

Bald Head Island Limited, LLC.
Permit # 91-96
Page 2 of 2
ADDITIONAL CONDITIONS
2) The authorized covered gazebos shall not be enclosed. Any material used on the sides shall not obstruct
view and must be permeable to air and water. Screen or wire on the sides along with benches and knee
walls are permitted. Lattice is specifically excluded from being used under this authorization.
3) The roof of the covered gazebos shall not be designed for second story use.
Upland Development
4) Unless specifically altered herein, this permit authorizes the grading and other land disturbing activities
associated with the development of the above referenced property, including but not limited to the
electrical transformers/junction closures, electrical kiosks, gazebo/pergola, pool with associated decking,
parking areas, crofters with associated decks, and post fence/knee wall associated with the above
referenced property, all as expressly and specifically set forth in the attached letter application and
workplan drawing. Any additional land disturbing activities and/or construction may require a
modification of this permit. Contact a Division of Coastal Management representative at (910) 796-
7215 for this determination.
Sedimentation and Erosion Control
5) In order to protect water quality, runoff from construction shall not visibly increase the amount of
suspended sediments in adjacent waters.
6) 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, etc.).
NOTE: This permit does not eliminate the need to obtain any additional state, federal or local permits,
approvals or authorizations that may be required.
7) This minor modification shall be attached to the original of Permit No 91-96, which was issued on
6/3/96, as well as all subsequent modifications, refinements and renewals, and copies of all documents
shall be readily available on site when Division personnel inspect the project for compliance.
8) All conditions and stipulations of the active permit remain in force under this minor modification, unless
altered herein.

DCM Coordinator: C9UYOyt
MAILING DISTRIBUTION SHEET
Permitee:
Agents: .rdf GL
DCM Field Offices
Elizabeth City
Morehead City
Washington
i mgton
US ACOE Offices:
(with revised work plan drawings)
Washington: Raleigh Bland
Tracey Wheeler
William Westcott (NC DOT)
Bill Biddlecome (NC DOT)
Wilmington: Dav�Timpy
Cultural Resources: Renee Gledhill -Early
Public Water Supply:
Marine Fisheries:
NC DOT:
Shellfish Sanitation:
State Property:
Debra Benoy (WIRO)
Joey White (WARO)
Anne Deaton
Ken Pace
Patti Fowler
June Michaux
Water Quality: Cyndi Karoly (Ralei
John Hennessy (NC DOT)
Washington: Vivian Christy
Al Hodge
Kyle Barnes
Viimington: �Joan�neSteen�huis�
Wildlife Resources: Maria Dunn (WARD)
Molly Ellwood (WIRO)
LPO:
Fax Distribution: Permitee #:
Agent

O�OF W ATF;9 Michael F. Easley, Governor
7 William G. Ross Jr, Secretary
r North Carolina Department of Environment and Natural Resources
O �� - - Coleen H Sullins Director
Division of Water Quality
December 17, 2008
Mr. Stephen O. Robertson, Chief Operating Officer
Bald Head Island Limited, LLC
P.O. Box 3069
Bald Head Island, NC 28461
Subject: Stormwater Permit No. SW8 951012 Modification
Deep Point Marina
High Density Project
Brunswick County
Dear Mr. Robertson:
The Wilmington Regional Office received a complete, modified Stormwater Management Permit
Application for Deep Point Marina on December 16, 2008. 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 2H.1000. We are forwarding Permit No. SW8 951012 Modification for the construction
of the subject project.
This permit modifies and replaces all previous permits and revisions issued for this project prior to this
date. This permit shall be effective from the date of issuance until February 15, 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 thirty (30) 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 Linda
Lewis, or me at [phone].
Sincerely,
Georgette Scott
Stormwater Supervisor
Division of Water Quality
GDS/arl: S:\WQS\STORMWATER\PERMIT\951012Mod.dec08
cc: Karen Valiquett, P.E., WK Dickson & Co., Inc.
Delaney Aycock, Brunswick County Building Inspections
Jeff Phillips, Brunswick County Engineering
Division of Coastal Management
Linda Lewis
Wilmington Regional Office
Central Files
NOrhCarolina
,Vatura/!y
North Carolina Division of Water Quality 127 Cardinal Drive Extension Wilmington, NC 28405 Phone [phone] Customer Service
Wilmington Regional Office Internet: Www.ncw_ateruualityor� Fax [phone]
An Equal OpportunilylAffimative Action Employer— 50% Recydedl10% Post Consumer Paper

State Stormwater Management Systems
Permit No. SW8 951012 Modification
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
Stephen O..Robe6on and Bald Head Island Limited, LLC
Deep Point Marina
Bald Head Island, Brunswick County
r FOR THE s:
construction, operation and maintenance of two (2) wet detention ponds, twenty-four (24)
infiltration basins and six (6) infiltration.teenches,In,compliance with -the, provisions of 15A
NCAC 2H :1000 (hereafter referred to as the "stormwaterruules,) and the approved stormwater
management plans and specifications and other; supporting data as attached and on file with
land approved by the Division of Water Quality and considered a part of this permit.
This permit shall be effective from the ;date of.issuance until February 15, 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:
2. This stormwater system has been approved for the management of stormwater runoff as
described in Section 1.7 (24 infiltration basins), Section 1.8 (6 infiltration trenches) and
Section 1.9 (2 wet detention ponds) on pages 3 and 4 of this permit. The total BUA for
this project is 1,208,772 square feet.
3. The tract will be limited to the amount of built -upon area indicated on pages 3 and 4 of
this permit, and per approved plans. There is no allotment for future built -upon area.
4. 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.
5. The runoff from all built -upon area within the permitted drainage area of this project must
be directed into the permitted stormwater control system.
6. This project proposes that some of the basins will be interconnected and work together
to.provide the required minimum storage volumes. The storage volume provided is based
on a controlling elevation which is the highest common elevation shared by the basins in
that system prior to overflow. No storage credit is given for volume stored in the parking
lot.
Page 2 of 10

State Stormwater Management Systems
Permit No. SWS 951012 Modification
7. The following design criteria have been provided in the infiltration basins and must be
maintained at design conditions:
Infiltration Basins
Combined Storage In Basins 1A, 2, 3, 9A,10,118, 12
Units
Basin 1A
Basin 2
Basin 3
Basin 9A
Bassin
Bastin
Basin
Basin 4
Basin 7
a. Drainage Area
Acres
2.34
1.51
1.38
1.53
1.55
1.70
2.75
1.34
.45
Onsite
ft2
101747
65943
60115
66530
67491
74084
119797
58301
19697
Offsite
ft2
NONE
b. Total BUA
ft2
36684 1 53014 47047 1 23732 1 55380 1 61476 76041 1 40382 1 9008
c. Design Storm
In
3.0
d. Basin Depth
Ft
2.0
1 2.0
2.0
2.0
3.0
1 2.0
1.0
1.8
1.5
e. Bottom Elevation
FMSL
16.0
16.0
16 0
16.0
15
16
17.0
18.0
16.0
I. Bottom Surface Area
ft2
310
449
35
5199
11
1206
7908
2808
955
g. Bypass Weir Elev.
FMSL 1
18.0
18.0
1 18.0
18.0
18.0
18.0
18.0
19.8
17.5
h. Permitted Stor. Vol.
ft3 1
28502
8086 1
2270
13293
8927
1 10112
1 18118
14582
2447
1. Type of Soil
N/A
Wando
Fine Sand
'. Infiltration Rate
inthr
20.0
k. SHWT - ` '
FMSL
14.0 `
12.0
13,0
14.0
12.0
14.0
13:0
14.0
13.0
I. Draiv Down Time
Hrs
36
34
90
2
38
14
3 1
4
1 3
m.RecSlream/MverBasin
--N/A
Southport Restricted Area/CPF17
n. Stream Index No.
N/A
18-88-3.5
o. Classification
N/A
Sc.
Infiltration Basins
Units
,Basin 13
Basin 14A
Basin 17
Basin
17A
Basin
18
Basin
19
Basin
20
gasin2l,
' Basin
23a
a. Drainage Area
Acres
0.60
.43 - -.
1.89
.21
2.20
4.39
1.84
0:10.
0.52
Onsite ":
`ft2
26185 ':
• 18471`
'. ; 82125•
,,' 9335
' 95968 '
-191261
80021 "'
4351'
19945
Offsite
ft2
NONE
;b.Total _BUA: r.
'ft2
188673479 60487 1 7146 1 55114•, .107449 1 44619 1 '1127 1_. 5817 -
,c.Desi nStorm
In
3.0
d. Basin Depth
-Ft
3.94
1.0
2.0
3.5
5.3
4.0
1 3.5
1.0 ..
.0.8
e. Bottom Elevation
:;FMSL'
,-13.0
16.0
10.0
9.5
4.0
7.0
5.0
18.0
'17.0 -
I.BottomSurfaceArea
ft2
--1459'"
591'
5197
514.5
783
5896
1219
195
1326
Bypass Weir Elev
. FMSL
16.94'
17.0
12.0
13.0
9.3
11.0
8.5
19.0
17.8
h. Permitted Stor. Vol.
ft3 `
7800
2751
15081
1801
15956
32522
11460
398
1585
i. Type of Soil
N/A
Wando
Fine Sand
'. Infiltration Rate
in/hr
20.0
k. SHWT
FMSL
11.0
12.0
6.0
6.0
2.0
5.0
2.0
15.0
14.0
I. Draw Down Time
Hrs
12.0
2.0
3.5
4
21
5.4
11.0 1
2.0
1 2.0
m.RecStream/RiverBasin
N/A
Southport Restricted Area/CPF17
n. Stream Index No.
N/A
18-88-3.5
o. Classification
WA
°SC°
Page 3 of 10

State Stormwater Management Systems
Permit No. SW8 951012 Modification
Infiltration Basins
Units
Basin 24
1 Basin 25.1
1 Basin 25.2
Basin 25.3
Basin 25.4
Basin3l
a.Drainage Area
Acres
0.57
1 0.41
1 0.62
.13
0.40
0.53
Onsite
ft2
24641
613391
26915
5580
1 17553
1 23.211
Offsite
ft2
NONE
b. Total BUA
ft2
19472 39537 14619 2356
1 12600 1 11,609
C .Design Storm
In
3.0
d. Basin Depth
Ft
2.0
2.0
2.5
1.0
2.0
4.8
e. Bottom Elevation
FMSL
7.0
7.0
18.5
15.0
7.0
4.0
f. Bottom Surface Area
ft2
2239
4077
.602
440
990
11
q. Bypass Weir Elev.
FMSL
9.0
9.0
21.0
16.0
9.0
8.8
h. Permitted Stor. Vol.
ft3
5727
10902
3723
689
3057
2,970
I. TypeofSoil
NIA
Wando Fine
Sand
I. Infiltration Rate
Inmr
20.0
k. SHWT
FMSL
5.0
4.0
16.5
12.0
2.0
2.0
I. Draw Down Time
Hrs
2.6
2.8
7.2
2.6
3.8
66.0
m.RecStream/RiverBasin
NIA
South on RestrictedArea/CPF17
n. Stream Index No.
N/A
18-88-3.5
o. Water Body Classif.
NIA
°SC°
8. The following design criteria have been provided in the infiltration trenches' and must be
maintained at design conditions:
Infiltration Trenches
Units
Trench 5
Trench 14.
Trench 15
Trench 16
Trench 27
Trench 30
a.
Drainage Area:
Acres
1.075
0.57
' ,0.02
0.59
0.'507
0.45
Onsite;
ft
46,807
24,928
27,065 ,
25,804
22,091
19,669
Offsite:
ft
0
0
0
0
0,
0
b.
Total Impervious Surfaces
It
34,173
20,853' '
18,410
.24,914
5,968
-4,964
Onsite:
34,173
20,859
l'6,410
`24,914
5,968
4,964
Offsite:
ft4
0
0 ::
-:`0
0
0'
0
c.
Design Storm:
Inches
3.0
d.'
Trench Dimensions
Length
Feet
125
146 "
`' 88
130
132
111
Width,
Feet
60.8
38
27
27
11.25
11.25
Height
Feet
1.92
1.67
2.67
2.67
1.92
1.92
e.
Perforated Pipe Diameter:
Inches
15"
12"
24"
24"
15"
15"
Length
Feet
3,497
2,850
846
1,224
682
577
f.
Bottom Elevation:
FMSL
17.09
14.07
13.26
13.07 1
10.0
11.0
g.
Storage Elevation:
FMSL
19.01
15.74
15.93
15.74
11.92
12.92
h.
Permitted Storage Volume:
ft
8,470
5,072
4,199
6,123
1;654 1
1,395
L
Type of Soil:
Wando Fine Sand
j.
Expected Infiltration Rate:
Inmr
20
k.
SHWT:
FMSL
15
12
11 1
11
8
9
I.
Time to Draw Down:
Days
1.3
1.1
2
2
1.3
1.3
M.
Receiving Stream/
River Basin:
Southport Restricted Area / CPF17
n.
Stream Index Number:
18.88-3.2
o.
Classification of Water Body: I
Sc.
Page 4 of 10

State Stormwater Management Systems
Permit No. SW8 951012 Modification
The following design criteria have been provided in the two wet detention ponds and
must be maintained at design conditions:
Design Criteria
Pond #1
Pond #2
a.
Drainage Area, acres:
Onsite, ftz
offsite, ft2
5.67
246,835
None
7.29
317,484
b.
Total Im ervious Surfaces, ft
103,916
1
185,606
c.
Design Storm, inches
1.0
d.
Pond Design Depth, ft
3.0
3.5
e.
TSS removal efficiency, %
85
85
f.
Permanent Pool Elev., FMSL
8
4.5
g.
Perm. Pool Surface Area, ft
9104
21484
h.
Permitted Storage Volume, ftj
12,892
25,495
i.
Temporary Storage Elev., FMSL
9
5.5
j.
Controlling Orifice, "0 i e
1.5
2.5
k.
Permitted F6rebay Volume, ft
NIA,
11493
'I.
Receiving Stream/River Basin
.
Southport Restricted Area/Cape Fear.
m.Stream Index Number
18-88-3.5
n.
Classification of Water Body
Sc."
o.
Max. horsepower for a fountain
1/8
1
1/6
II. SCHEDULE OF COMPLIANCE
1. ; 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
systern'WII be repaired immediately.
3. .,Decorative spray fountains will be allowed in the wet detention ponds, subject to, the _
following criteria:
a;, The fountain must draw its water from less than 2' below the permanent pool surface.
ii. Separated units, where the nozzle, pump and intake are connected by tubing, may be
used only if they draw water from the surface in the deepest part of the pond.
c. The falling water from the fountain must be centered in the pond, away from the
shoreline.
d. The maximum horsepower for a fountain in Ponds #1 and #2 is 1/8 and 1/6
horsepower, respectively.
4. 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.
c. 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 outlet structure, orifice device, flow spreader, catch
basins and piping.
g. Access to the outlet structure must be available at all times.
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.
Page 5 of 10

State Stormwater Management Systems
Permit No. SW8 951012 Modification
6. 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:
7. 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.
8.
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.
Access, to the stormwater facilities shall be maintained via appropriate easements., at all
times:
10.
The per 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 c:=:.
management measures built -upon area, details, etc.
b. Project name;change:-
C. Transfer of ownership.
_
d. Redesign oraddition to the approved amount of.built-upon area or to the drainage
area:
`
't
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'permitt"ee, for which
_
-._ Sedimentation "and Erosion Control Plan approval o'r'a CAMA Major permit was
_.
sought.
f. Filling in, altering, or piping of any vegetative conveyance shown on the approved
plan.
11.
The permittee,shall submit final site layout and grading plans for any permitted future
areas shown on the approved plans, prior to construction.
12.
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.
13.
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 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 formal
permit transfer request to the Division of Water Quality, accompanied by a completed
name/ownership change form, signed by both parties, and supporting 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. The permittee is responsible for compliance with all
permit conditions until such time as the Division approves the transfer request.
Page 6 of 10

State Stormwater Management Systems, `
Permit No. SW8 951012 Modification
2. 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.
3. 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.
4. 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.
5. 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.
6. The permif maybe modified, revoked and reissued or terminated=for'cause. T66 filing of -
a request for a permit modification, revocation and reissuance or termination does not
stay any permit condition.
7. 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.
8 Approvedplansand specifications for this protect are incorporated by`reference'and are
enforceable parts of the permit.
9. The permittee shall notify the Division in Writing of any name; ownership or mailing
.,.,,,,,,,,address changes at least 30 days prior to, -making such. changes.'r.
A 0., The permittee shall submit a permit renewal applicafiori and ,fee at least 180 days prior to
the expiration date of this permit.
Permit modified and reissued this the 17th day of December 2008.
NORTH CAROLINA ENVIRONMENTAL MANAGEMENT COMMISSION
By Authority of the Environmental Management Commission
Page 7 of 10

State Stormwater Management Systems
Permit No. SW8 951012 Modification
Deep Point Marina
Stormwater Permit No. SW8 951012 Modification
Brunswick County
Designer's Certification
Page 1 of 3
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'th.e 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 pages 2 and 3 of this,forml is included in the Certification.
Noted deviations from approved plans and specification:' 'c ;
Signature
Registration Number
Date '
m
SEAL
u
Page 8 of 10

State Stormwater Management Systems'
Permit No. SW8 951012 Modification
Page 2 of 3
Certification Requirements, Wet Detention Ponds:
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 outlet. structure elevations are per the approved -plan: w ,- • -
6. The outlet structure'is located per the approved plans.
Trash rack is provided on the outlet structure
8.` All slopes are grassed with permanent vegetation.
,Vegetated slopes are no steeper than 3:1.
-10 The inlets are,located,per the -approved plans and do not cause short`circultmg,of
the system. ,
11 The permitted:amounts of surface area and/or volume have been -provided.
Required drainrdown`'devices are correctly sized per the approved plans:,
13. All required design depths are provided. ` `
14. All required parts of the system are provided, such as a vegetated shelf, and a
forebay.
15. The required system dimensions are provided per the approved plans.
cc: NCDENR-DWQ Regional Office
Delaney Aycock, Brunswick County Building Inspections
Jeff Phillips, Brunswick County Engineering
Page 9 of 10

State Stormwater Management Systems
Permit No. SW8 951012 Modification
Page 3 of 3
Certification Requirements, Infiltration Basins & Trenches:
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 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
Delaney Aycock, Brunswick County Building Inspections
Jeff Phillips, Brunswick County Engineering
Page 10 of 10

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
December 11, 2008
Bald Head Island Limited, LLC
PO Box 3069
Bald Head Island NC 28461
Dear Sir or Madam
The enclosed permit constitutes authorization under the Coastal Area Management Act, and where
applicable, the State Dredge and Fill Law, for you to proceed with your project proposal. Please sign both the
original (buff -colored form) and the Xerox stamped "Copy". Return the copy to this office in the enclosed
envelope. Signing the permit and proceeding means you have waived your right of appeal described below. Please
retain the original (buff -colored form), as it must be available on site when the project is inspected for
compliance.
If you object to the permit or any of the conditions, you may request a hearing pursuant to NCGS 113A-
121.1 or 113-229. Your petition for a hearing must be filed in accordance with NCGS Chapter 150B with the Office
of Administrative Hearings, 6714 Mail Service Center, Raleigh, NC 27611-6714, [phone] within twenty
(20) days of this decision on your permit. You should also be aware that if another qualified party submits a valid
objection to the issuance of this permit within twenty (20) days, the matter must be resolved prior to work initiation.
The Coastal Resources Commission makes the final decision on any appeal.
The project plan is subject to those conditions appearing on the permit form. Otherwise, all work must be
carried out in accordance with your application. Modifications, time extensions, and future maintenance require
additional approval. Please read your permit carefully prior to starting work and review all project plans, as
approved. If you are having the work done by a contractor, it is to your benefit to be sure that he fully understands
all permit requirements.
From time to time, Department personnel will visit the project site. However, if questions arise concerning
permit conditions, environmental safeguards, or problem areas, you may contact Department personnel at any time
for assistance. By working in accordance with the permit, you will be helping to protect our vitally important
coastal resources.
Sincerely,
V.
Douglas V. Huggett
Major Permits and Consistency Manager
Enclosure
400 Commerce Avenue, Morehead City, NC 28557
Phone: [phone] \ FAX: [phone] \ Internet: www.nccoastalmanagement.net
An Equal Opportunity \ Affirmative Action Employer - 50% Recycled \ 10% Post Consumer Paper

Fax Send Report
Date/Time DEC-12-2008 05:12PM FRI
Fax Number
Fax Name DCM MHDCTY
Model Name SCX-5x30 Series
No. Name/Number StartTime Time Mode Page Result
524 919104577463 12-12 O5:10PM 01'2O ECM 002/002 O.K
Pemdt Clare Permi[Numbet
MODIFICATION@IC7OA 91.96
AR .SLATE OF,
COL"INA
Depamneot of Egvi c.bbt and Nawral Rcs.ba.
ead
C..WResources Cov M6. ..
" �.er.,trttt
-- for
XMajar Develdpgiatt ip ap Aeea ofErtvuouioemti Concern -
.. puvusm to NCGS 113A.118
X ;Exb.v.fi obb d/or Qllmg pursunnuo NCGS 113 229
lssucd to Bald Head islandd Limi0ed, LLC"PO Bo 3069 BeldHand 1s1'-dNC 28461
Audrodzin8 devdopmrnfin Baunswibk County a[_ oe Fkv Riven dCduth Pon nff SR
lsgp asroquested lithe pennince's lel{rtdatW I0itm8'ecl r„ntbe
atwcbed work Plan drawing (1) icvivM lO/1N8 .
Thspcbaieissued0a nnababr ]C(1 - itsubinocP pliance witTWe Application. (whertebnsisMe,
WIN she lKJmn), dl APPlicable Rgulah0a1. 5pelal conditions and'Om act fn[tltpel0 AayY elTtiOM1 old11.a battle alny
M sub)mmGhee. inipruoummtot civil aztibn:or may cause We peimii robe ndll avd void:. - -
Marina Facillly '-
l) UNasspeerErally altered hueinl6is peimi[aurhortzes thetaogmanon avd cosuayuioaofthe
,,Adbual snacwrts includsdg the dock landings, aluaunum ramps. pinap-out Md.. and holding
tack, fuh cicareng stntioa, gazebos, tuel.dispensus'wiat hose reels,'audraraps atseciatcd vWtli We
docks, piessrand odietstriwttwcs and uses loe colt in orovc[the water draiare"pressly and
specifically set- uy..thea3mdmle[wlpnmtp .OI..Lhisdock g aligwi ftui erntt
Boa Meats swtionary, ibnllbceome a permanent patt oP.tiiis docking £ ciliry oh, I dor &.[
mo6ifiwftoo No aon�wdaiAepeodent uses ofswewasfi.dt be mnducbad ogin of over public,
trust watetseriWoutpermitmoditiwtioa. ,
.. - ' ---
yg$ece[Wbhedshtttfor Additional Cdvditiovs)��-
Thb'emit alion aruy Uc iP*Jad by the pantabbe'of. Slinksby uc.-sanity of ehc Siaeivy or Drn am an
ol6r quall"a puwu.wirTin.easury 90) dayk of the WA.,- CHirmaaofok CoasNrkceoacee Uimmisslon. "
dyp Nioppni rtgtiveertwlutii_mp[brm wink initistien Or - _
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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
December 5, 2008
CERTIFIED MAIL
RETURN RECEIPT REQUESTED
Bald Head Island Limited, LLC
c/o Mr. Bruce Marek
P.O. Box 3069
Bald Head Island, NC 28461
Dear Mr. Marek:
This letter is in response to your written request, acting as authorized agent for Bald Head Island
Limited, LLC, in which authorization was requested to modify CAMA Major Permit Number 91-96
under the Coastal Area Management Act (LAMA). Authorization was requested to construct an 8-foot by
20-foot V-shaped sign to be located in the waters of the Cape Fear River north of the Deep Point Marina
entrance channel. This minor modification request was received by the Division of Coastal
Management's Wilmington regional office on July 9, 2008. Based on the state's review, the Division of
Coastal Management has made the following findings:
1) The proposed sign would be located in both Estuarine Waters and Public Trust Areas of
Environmental Concern.
2) The U.S. Army Corps of Engineers had no objection to the proposed project.
3) Signs of this nature are considered non -water dependent structures. Furthermore, the
Division of Coastal Management believes that a feasible high ground alternative location
for this sign exists.
4) Based upon the above referenced findings, the Division has determined that the proposed
project is inconsistent with the following rules of the Coastal Resources Commission:
a) 15A NCAC 07H.0208(a)(1), which states "Uses which are not water
dependent shall not be permitted in coastal wetlands, estuarine waters,
and public trust areas.'; and
b) 15A NCAC 07H.0208(a)(2)(b), which states "Before receiving approval
for location of a use or development within these AECs, the permit -letting
authority shall find that no suitable alternative site or location outside of
the AEC exists for the use or development. "
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

Bald Head Island Limited, LLC
December 5, 2008
Page 2
Given the preceding findings, it is necessary that your request for a modification of a CAMA
Major Permit under the Coastal Area Management Act be denied. This denial is made pursuant to
N.C.G.S. 113A-120(a)(8) which requires denial for projects inconsistent with the state guidelines for
Areas of Environmental Concern or local land use plans.
If you wish to appeal this denial, you are entitled to a hearing. The hearing will involve
appearing before an Administrative Law Judge who listens to evidence and arguments of both parties and
then makes a recommendation to the Coastal Resources Commission. Your request for a hearing must be
in the form of a written petition, complying with the requirements of § 150B of the General Statutes of
North Carolina, and must be filed with the Office of Administrative Hearings, 6714 Mail Service Center,
Raleigh, NC 27699-6714, within twenty (20) days from the date of this letter. A copy of the petition
should be filed with this office.
Also, you are advised that as long as this state permit denial stands, your project must be deemed
inconsistent with the N.C. Coastal Management Program, thereby precluding the issuance of federal
permits for this project. The Federal Coastal Zone Management Act (CZMA) gives you the right to
appeal this finding to the U.S. Secretary of Commerce within thirty days of receipt of this letter. Your
appeal must be on the grounds that the proposed activity is (1) consistent with the objectives or purposes
of the.CZMA, or (2) is necessary in the interest of national security, and thus, may be federally approved.
Members of my staff are available to assist you should you desire to modify your proposal in the
future. If you have any questions concerning this matter, please contact Doug Huggett at (252) 808-
2808, extension 212.
Sincerely,
C
la e H. Gregson
cc: Colonel Jefferson Ryscavage — U.S. Army Corps of Engineers, Wilmington, NC
David Kennedy, Director— OCRM/NOAA, Silver Spring, MD
Steve Everhart, DCM-Wilmongton
DCM Central Files

DCM Coordinator: 0 O v
MAILING DISTRMUTION SHEET
Permitee:
bald 4emy �'S/h�� Zr4
Agents:.
DCM Field Offices
Elizabeth City (with revised work plan drawings)
Morehead City
Washington
Wilmington
US ACOE Offices:
Washington: Raleigh Bland
Tracey Wheeler
William Westcott (NC DOT)
Bil Biddlecome (NC DOT)
Wilmington: Dave Timpy V
Cultural Resources: Renee Gledhill -Early
Public Water Supply: Debra Benoy (WIRO)
Joey White (WARD)
Marine Fisheries: Anne Deaton
NC DOT: Ken Pace
Shellfish Sanitation: Patti Fowler
State Property: June Michaux
Water Quality: Cyndi Karoly (Raleigh)
John Hennessy (NC DOT)
Washington: Vivian Christy
Al Hodge
Kyle Barnes
Wilmington: Joanne Steenhuis
Wildlife Resources: Maria Dunn (WARD)
Molly Ellwood (WIRO)
LPO:
Fax Distribution: Peruutee
Agent
C %stir SCeir (On unJ
e—ma, /
6mC1reK@
6�.Ch4rv,[Cm

WC-DVNR-
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
MEMORANDUM
TO: Doug Huggett
FROM: Heather Coats .!- yvvl-
Field Representative, Wilmington
THROUGH: Steven H. Everhart, PhD/
Wilmington District Manager
DATE: August 25, 2008
SUBJECT: Permit Modification Request
CAMA Major Permit No. 91-96
Bald Head Island Limited, LLC, Deep Point Marina, Southport, Brunswick County
Mr. Bruce Marek, acting as agent for Bald Head Island Limited, LLC, is requesting a modification of State Permit No. 91-96. State
Permit No. 91-96 was issued to Bald Head Island, Ltd, on June 3, 1996 for the excavation of an access channel and boat basin, marina
facility with barge and ferry landings, a marine maintenance building, office and storage buildings, and parking. A minor modification
was issued on August 19, 1999 for the addition of riprap and the permit was renewed on December 8, 1999. The permit was again
modified on May 22, 2000 for the expansion of the marina basin and then renewed on February 14, 2002 and February 23, 2004. On
July 16, 2004, it was modified for the addition of additional parking spaces. An amendment was issued on April27, 2006 to authorize a
name change to Bald Head Island Limited and amended again on September 18, 2006 to change the permit holder's name to Bald Head
Island Limited, LLC. The permit was last renewed on December 13, 2007 and will expire on December 31, 2009.
Mr. Marek is requesting that the permit be modified to include a marina sign located within the Estuarine Waters and Public Trust
Areas of Environmental Concern (AEC's). As proposed, the sign would be located approximately 180' northeast of the northern
jetty.
The applicant has submitted a check (ck. N 1323) in the amount of $100.00 for the modification request.
I believe the proposed development is inconsistent with the use standard set forth in NCAC 07H.0208(a)(1), which states "uses which
are not water dependent shall not be permitted within coastal wetlands, estuarine waters, and public trust areas". Furthermore,
NCAC 07H .0208(a)(2)(13) states that "before receiving approval for location of a use or development within these AEC's, permit -
letting authority shall find that no suitable alternative site or location outside of the AEC exists for the Ilse or development...".
As it appears the sign could feasibly be located on high ground, denial of the modification request is recommended.
Please submit any comments or concerns regarding the proposed development to Doug Haggett in writing by September 15, 2008,
Enclosures
cc: Wilmington Files
Ted Tyndall, DCtvl
Dave Timpy, USACE
Wayne Strickland, LPO
127 Cardinal Drive Extension, Wilmington, N.C. 28405-3845 • Telephone [phone] • Fax [phone]
An Equal Opportunity Affirmative Action Employer

Bruce Marek, P.E.
P. O. Box 3069
Bald Head Island, NC 28461
910-457-7517
July 8, 2008
Ms. Heather Coats
NCDENR Division of Coastal Management
127 Cardinal Drive Extension
Wilmington, NC 28405
Re: CAMA Permit 491-96 Minor Modification Request: Deep Point Marina, Southport, NC
Drawing DPM5 7-8.08 Marina Entrance Sign
Dear Ms. Coats:
Included are five 24" x 36" revised copies of drawing DPM5 dated & sealed 7-8-08, for the Bald Head
Island Limited, LLC owned Deep Point Marina. This minor modification request is specifically for an in
the water marina entrance sign.
As shown on our detail, we are proposing an approximate 8'x20' 2-sided Vee-shaped in -the —water
sign north of the Deep Point Marina north jetty, to the west of a line between the north jetty end and
the A.D.M. Pier end. This is outside of any navigation channel or route.
I have given much consideration td this sign location, and based on the A.D.M. Pier location, a land
based sign does not adequately project the marina message to vessels travelling southward down the
Cape Fear River. Placing the sign on one of the Deep Point Jetties would obscure the navigational
lights on the jetty. Tucked behind the line between pier end and jetty end will not impact larger
vessels or non -local vessels navigation lines. It actually can be a good warning "sign" if someone
inadvertently gets tucked in between the shore and the jetty end.
Ideally, this marina entrance sign would be incorporated into our simultaneous DPM3 Marina
Necessities/Amenities Request. We have separated it out per your recommendation as this separate
DPM5 submission, with the understanding that you will be denying this request and requiring us to seek
a variance from the CRC.
Allowing boaters to be aware of this new facility and planned fuel docks, pump out and restaurant
should be welcome. There are studies that indicate a key to a successful marina is making sure that
the boating public knows what your services include. We are just trying to have a world class marina
in Southport, NC.
Hopefully we can have staff recommendation that will allow us to successfully pursue obtaining a
variance for what I consider a "marina necessity". I have previously submitted BHI Planning
Department check # 1323 for$100 for this "Minor Modification" request to CAMA Permit # 91-96.
We would like to be scheduled for the variance as soon as possible, and want to mention that we
would also like for DPM4 (Dock Landings) and DPM 6 (Fire/Safety Access Road) also being submitted
today to be scheduled for the same date. Thanking you in advance for aitenti6n to this matter.
Respectfully, 0 "01111001, '
[�................
Bruce Marek, P:E. /✓� D��' ECG';9 d i 200$
For Bald Head Island Limited, LLC Planning Dept.
cc: Jim Henry, Director. BHI Planning & Development s {. 158g4�C,�J
M. Kent Mitchell, CEO, Bald Head Island Limited LLC , AK . LMf GTO NC
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BALD HEAD ISLAND LIMITED, LLC, Deep Point Marina, SAW...
Subject: BALD HEAD ISLAND LIMITED, LLC, Deep Point Marina, SAW-1996-02657, CAMA Major Permit No. 91-96,
Major Mod Request.
From: "Timpy, David L SAW" <[e-mail]>
Date: Thu, 25 Sep 2008 08:20:06 -0400
To: "Chad Coburn " <[e-mail]>, "Daniel Govoni" <[e-mail]>, "Doug Huggett"
<[e-mail]>, "Joanne Steenhuis" <[e-mail]>, "Rich Weaver "
<Rich. W [e-mail]>
Reference the memo from Heather Coats dated August 25, 2008 regarding the permit modification request to include a marina
sign.
This office has no objection to the proposed project. A DA permit is not required for this activity.
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: htto://www.saw.usace.army.mil
I of 1 12/5/2008 9:55 AM

North Carolina
Michael F. Easley, Governor
1 9' 111 Jul
r
NCDENR
Department of Environment and Natural
Division of Coastal Management
James H. Gregson, Director
Resources
William G. Ross Jr., Secretary
TO: Doug Huggett �le 4 ✓`�
FROM: Heather Coats 1 /7W
Field Representative, Wilmington
THROUGH: Steven H. Everhart, PhD
Wilmington District Manager71'I►r'Z
DATE: July 16, 2008 JUL 2 2 2008
SUBJECT: Permit Modification Request Morehead
CAMA Major Permit No. 91-96 City DCM
Bald Head Island Limited, LLC, Deep Point Marina, Southport, Brunswick County
Ms. Bruce Marek, acting as agent for Bald Head Island Limited, LLC, is requesting a modification of State Permit No. 91-96. State
Permit No. 91-96 was issued to Bald Head Island, Ltd. on June 3, 1996 for the excavation of an access channel and boat basin, marina
facility with barge and ferry landings, a marine maintenance building, office and storage buildings, and parking. A minor modification
was issued on August 19, 1999 for the addition of riprap and the permit was renewed on December 8, 1999. The permit was again
modified on May 22, 2000 for the expansion of the marina basin and then renewed on February 14, 2002 and February 23, 2004. On
July 16, 2004, it was modified for the addition of additional parking spaces. An amendment was issued on April 27, 2006 to authorize a
name change to Bald Head Island Limited and amended again on September 18, 2006 to change the permit holder's name to Bald Head
Island Limited, LLC. The permit was last renewed on December 13, 2007 and will expire on December 31, 2009.
Mr. Marek is requesting that the permit be modified to include five wooden platforms, measuring 20' in length by 28' in width,
leading to A-, B-, C- and D-Docks, with a fifth platform located between, and leading to, E- & F-Docks. These platforms each have
an area of 560 square feet and are all located within the 30' buffer.
The applicant has submitted a check (ck. k 1322) in the amount of $100.00 for the modification request.
This Office does not believe the proposed development is consistent with the use standards set forth in NCAC 07H.0209(d)(10),
which states that within the coastal shorelines category, all development shall be located 30' landward of normal high water with the
exception of "decks/observation decks limited to slatted, wooden, elevated and unroofed decks that shall not singularly or collectively
exceed 200 square feet". Furthermore, this Office believes that trash receptacles, bike racks and dock carts can be feasibly located
outside of the 30' buffer or at existing grade without a threat to safety.
Enclosures
cc: Wilmington Files
'Ted Tyndall, DCM
Dave Timpy, USACE
Wayne Strickland, LPO
127 Cardinal Drive Extension, Wilmington, N.C. 28405-3845 • Telephone [phone] • Fax [phone]
An Equal Opportunity Affirmative Action Employer

Bruce Marek, P.E.
P. O. Box 3069
Bald Head Island, NC 28461
910-457-7517
July 8, 2008
Ms. Heather Coats
NCDENR Division of Coastal Management
127 Cardinal Drive Extension
Wilmington, NC 28405
Re: CAMA Permit #91-96 Minor Modification Request: Deep Point Marina, Southport, NC
Drawing DPM4 7-8-08 Dock Landings
Dear Ms. Coats:
Included are five 24" x 36" revised copies of drawing DPM4 dated & sealed 7-8-08, for the Bald Head
Island Limited, LLC owned Deep Point Marina. This minor modification request is specifically for
appropriate sized dock landings at the top of the ramps to A, B, C, D & E/F docks.
As shown on our detail, to have adequate space on these water dependent structures for raccoon
proof trash enclosures, bicycle racks, dock cart storage as well as wheel chair turning radius not in the
alignment of the 6' wood walkway, the necessary wood decked landing size is 20'x28' each.
We sincerely believe that the CAMA regulation of 200 sf total of pervious wood dock landings is not
appropriate for a 100 slip recreational/commercial marina project. Ideally, these 5 larger dock
landings would be incorporated into our simultaneous DPM3 Marina Necessities/Amenities Request.
We have separated them out per your recommendation as this separate DPM4 submission, with the
understanding that you will be denying this request and requiring us to seek a variance from the CRC.
Since the state is looking for more water access for the people of the State of North Carolina, I hope
that these appropriately sized marina dock landings will be looked on favorably. Building a new
marina is difficult and expensive. This project has had a CAMA permit for 12 years, and we have yet to
open up the recreational side of the marina. It would be a shame if all of the planning and
development time has actually harmed us in trying to develop a world class marina in Southport, NC.
An individual homeowner's permissible dock landing at 200 sf doesn't come close to having the space
needs of recreational marina docks serving the boat owners, guests and trash of upwards of 20 boats
per landing.
Bald Head Island Limited, LLC has always done a tasteful and environmentally sensible job at its 2
other marinas (Bald Head Island and Indigo Plantation Marina). Hopefully we can have staff
recommendation that will allow us to successfully pursue obtaining a variance for what I consider a
..marina necessity". I have previously submitted BHI Planning Department check #1322 for $100 for this
"Minor Modification" request to CAMA Permit # 91-96.
We would like to be scheduled for the variance as soon as possible, and want to mention that we
would also like for DPM5 (Marina Sign) and DPM 6 (Fire/Safety Access Road) also being submitted
today to be scheduled for the same date. Thanking you in advance for attention to this matter.
Respectfully,
Bruce Marek, P.E.
For Bald Head Island Limited, LLC Planning Dept.
cc: Jim Henry, Director, BHI Planning & Development
M. Kent Mitchell, CEO, Bald Head Island Limited LLC
Qom" IVED
SEAL
15684 �� g - 2008
cFJAMESP4 WILMINGTON, NC
�'•,,,�AMES ,.

Bruce Marek, P.E.
P. O. Box 3069
Bald Head Island, NC 28461
910-457-7517
July 8, 2008
Ms. Heather Coats
NCDENR Division of Coastal Management
127 Cardinal Drive Extension
Wilmington, NC 28405
Re: CAMA Permit #91-96 Minor Modification Request: Deep Point Marina, Southport, NC
Drawing DPM6 7-8-08 Fire Department Access Road
Dear Ms. Coats:
Included are five 24" x 36" copies of drawing DPM6 dated & sealed 7-8-08, for the Bald Head Island
Limited, LLC owned Deep Point Marina. This minor modification request is specifically for the 8' wide
Fire Department/Emergency Vehicles access road along the south and east perimeters of the Deep
Point Marina. Also included is one copy of Stormwater Drawing SW8-071004 Deep Point Marina Basin
Low Density, seal dated 10-3-07, with DWQ approval date 10-16-07.
As shown on our detail, we are proposing an 8'wide safety/harbormaster access road to the north
end of F-Dock. In our stormwater permit, we have 7100 sf of "streets" approved for this purpose. The
north end of F-Dock is approximately 850 If from the already CAMA approved turnaround at the
restaurant entrance. It is also approximately a quarter of a mile to the Harbormaster Office. Hopefully
it will never need to be used for its intended purpose as a Fire/EMT Access Road, but 850 feet is a long
way to lug hoses or a stretcher. I have seen the disasterous effects of boat fires, and I have had a
couple of heart attacks myself. As a professional engineer, I do like to adhere to my duty to protect
the health and safety of the people of the State of North Carolina. More and more so, we are
required to follow the NFPA regulations relating to Marina Design.
Ideally, this access road would be incorporated into our simultaneous DPM3 Marina
Necessities/Amenities Request. We have separated it out per your recommendation as this separate
DPM6 submission, with the understanding that you will be denying this request and requiring us to seek
a variance from the CRC.
Hopefully we can have staff recommendation that will allow us to successfully pursue obtaining a
variance for what I consider a "marina necessity". As we have discussed many times in the past year
since my first DMP3 Marina Necessities submission, the original CAMA permits for this marina date back
to 1996. Rules at that time would not have precluded this road within 30' of the marina bulkhead.
Additionally, the marina basin was sited specifically with guidance from CAMA as to its final location to
the wetland(s). We are constrained with a wetland as close as 25' to the bulkhead along F-dock, so
feel that we should be allowed to implement our "road for safety" as shown. I am including a check
for $100 for this "Minor Modification" request to CAMA Permit # 91-96.
We would like to be scheduled for the variance as soon as possible, and want to mention that we
would also like for DPM4 (Dock Landings) and DPM 5 (Marina Entrance Sign) also being submitted
today to be scheduled for the same date. Thanking you in advitwedw,.9ftention to this matter.
0 al
Respectfully, C
Bruce Marek, P.E. �L�L� ' F E C L. 1 Yif/ ^
k./
For Bald Head Island Limited, LLC Planning Dept. i ISM
� _
cc: Jim Henry, Director, BHI Planning & Development 'Q JUL
417 2008
M. Kent Mitchell, CEO, Bold Head Island Limited LLC GP: ; ,'.
.NEE.. Q�fi,.
••�gMEs 0 ,o'� DCM WILMINGTON7 NC

V
low L
1

Bruce Marek, P.E.
P. O. Box 3069
Bald Head Island, NC 28461
910-457-7517
July 8, 2008
Ms. Heather Coats
NCDENR Division of Coastal Management
127 Cardinal Drive Extension
Wilmington, NC 28405
Re: CAMA Permit #91-96 Minor Modification Request: Deep Point Marina, Southport, NC
Drawing DPM4 7-8-08 Dock Landings
Dear Ms. Coats:
Included are five 24" x 36" revised copies of drawing DPM4 dated & sealed 7-8-08, for the Bald Head
Island Limited, LLC owned Deep Point Marina. This minor modification request is specifically for
appropriate sized dock landings at the top of the ramps to A, B, C, D & E/F docks.
As shown on our detail, to have adequate space on these water dependent structures for raccoon
proof trash enclosures, bicycle racks, dock cart storage as well as wheel chair turning radius not in the
alignment of the 6' wood walkway, the necessary wood decked landing size is 20'x28' each.
We sincerely believe that the CAMA regulation of 200 sf total of pervious wood dock landings is not
appropriate for a 100 slip recreational/commercial marina project. Ideally, these 5 larger dock
landings would be incorporated into our simultaneous DPM3 Marina Necessities/Amenities Request.
We have separated them out per your recommendation as this separate DPM4 submission, with the
understanding that you will be denying this request and requiring us to seek a variance from the CRC.
Since the state is looking for more water access for the people of the State of North Carolina, I hope
that these appropriately sized marina dock landings will be looked on favorably. Building a new
marina is difficult and expensive. This project has had a CAMA permit for 12 years, and we have yet to
open up the recreational side of the marina. It would be a shame if all of the planning and
development time has actually harmed us in trying to develop a world class marina in Southport, NC.
An individual homeowner's permissible dock landing at 200 sf doesn't come close to having the space
needs of recreational marina docks serving the boat owners, guests and trash of upwards of 20 boats
per landing.
Bald Head Island Limited, LLC has always done a tasteful and environmentally sensible job at its 2
other marinas (Bald Head Island and Indigo Plantation Marina). Hopefully we can have staff
recommendation that will allow us to successfully pursue obtaining a variance for what I consider a
"marina necessity". I have previously submitted BHI Planning Department check #1322 for $100 for this
"Minor Modification" request to CAMA Permit # 91-96.
We would like to be scheduled for the variance as soon as possible, and want to mention that we
would also like for DPM5 (Marina Sign) and DPM 6 (Fire/Safety Access Road) also being submitted
today to be scheduled for the some date. Thanking you in advance for attention to this matter.,,.,
Respectfully,
Bruce Marek, P.E.
For Bald Head Island Limited, LLC Planning Dept.
cc: Jim Henry, Director, BHI Planning & Development
M. Kent Mitchell, CEO, Bald Head Island Limited LLC
SEAL
15684
✓AMES
'�1111111111
9 - 2008
WILMINGTON, NC

e
w
NCDENR
North Carolina Department of Environment and Natural
Division of Coastal Management
Michael F. Easley, Governor James H. Gregson, Director
MEMORANDUM
TO: Doug Huggett
FROM: Heather Coats t%yi/lG
Field Representative, Wilmington
THROUGH: Steven H. Everhart, PhD
Wilmington District Manager
DATE: July 16, 2008
Resources
William G. Ross Jr., Secretary
JUL 2 2 2008
Morehead City DCM
SUBJECT: Permit Modification Request
CAMA Major Permit No. 91-96
Bald Head Island Limited, LLC, Deep Point Marina, Southport, Brunswick County
Ms. Bruce Marek, acting as agent for Bald Head Island Limited, LLC, is requesting a modification of State Permit No. 91-96. State
Permit No. 91-96 was issued to Bald Head Island, Ltd. on June 3, 1996 for the excavation of an access channel and boat basin, marina
facility with barge and ferry landings, a marine maintenance building, office and storage buildings, and parking. A minor modification
was issued on August 19, 1999 for the addition of riprap and the permit was renewed on December 8, 1999. The permit was again
modified on May 22, 2000 for the expansion of the marina basin and then renewed on February 14, 2002 and February 23, 2004. On
July 16, 2004, it was modified for the addition of additional parking spaces. An amendment was issued on April 27, 2006 to authorize a
name change to Bald Head Island Limited and amended again on September 18, 2006 to change the permit holder's name to Bald Head
Island Limited, LLC. The permit was last renewed on December 13, 2007 and will expire on December 31, 2009.
Mr. Marek is requesting that the permit be modified to include five wooden platforms, measuring 20' in length by 28' in width,
leading to A-, B-, C- and D-Docks, with a fifth platform located between, and leading to, E- & F-Docks. These platforms each have
an area of 560 square feet and are all located within the 30' buffer.
The applicant has submitted a check (ck. Y 1322) in the amount of $100.00 for the modification request.
This Office does not believe the proposed development is consistent with the use standards set forth in NCAC 07H.0209(d)(10),
which states that within the coastal shorelines category, all development shall be located 30' landward of normal high water with the
exception of "decks/observation decks limited to slatted, wooden, elevated and unroofed decks that shall not singularly or collectively
exceed 200 square feet". Furthermore, this Office believes that trash receptacles, bike racks and dock carts can be feasibly located
outside of the 30' buffer or at existing grade without a threat to safety.
Enclosures
cc: Wilmington Files
Ted Tyndall, DCM
Dave Timpy, USACE
Wayne Strickland, LPO
127 Cardinal Drive Extension, Wilmington, N.C. 28405-3845 • Telephone [phone] • Fax [phone]
An Equal Opportunity Affirmative Action Employer

North Carolina
Michael F. Easley, Governor
MEMORANDUM
r
NCDENR
Department of Environment and Natural
Division of Coastal Management
James H. Gregson. Director
TO: Doug Huggett
Permits Section
FROM: Heather Coats h1?K G
Field Representative, Wilmington (/0 n
THROUGH: Steven H. Everhart, PhD
Wilmington District Manager
Resources
William G. Ross Jr., Secretary
PX 12a
2 z 2008
M®reheaa City DCM
010/Z�&Y
I -
DATE: October 16, 2008
SUBJECT: Permit Modification Request
CAMA Major Permit No. 91-96
Bald Head Island Limited, LLC, Deep Point Marina, Southport, Brunswick County
Ms. Bruce Marek, acting as agent for Bald Head Island Limited, LLC, is requesting a modification of State Permit No. 91-96. State
Permit No. 91-96 was issued to Bald Head Island, Ltd. on June 3, 1996 for the excavation of an access channel and boat basin, marina
facility with barge and ferry landings, a marine maintenance building, office and storage buildings, and parking. A minor modification
was issued on August 19, 1999 for the addition of riprap and the permit was renewed on December 8, 1999. The permit was again
modified on May 22, 2000 for the expansion of the marina basin and then renewed on February 14, 2002 and February 23, 2004. On
July 16, 2004, it was modified for the addition of additional parking spaces. An amendment was issued on April 27, 2006 to authorize a
name change to Bald Head Island Limited and amended again on September 18, 2006 to change the permit holder's name to Bald Head
Island Limited, LLC. The permit was last renewed on December 13, 2007 and will expire on December 31, 2009.
Mr. Marek is requesting that the permit be modified to include the following:
'/A. An increase in the width of Slip F20 to a proposed width of 36' and resulting shift of slips F12 through F20.
B. Four storage sheds, measuring 12' in length by 12' in width (dripline dimensions), each with a 40 sq ft impervious "entry
pad" -
AC. Five docks landings, each with an area of 40 square feet (excluding the area of the 6' wide walkway), leading onto A-, B-,
// C-, D- & E/F-Docks.
b. Aluminum ramps (8) leading onto the docks, including two leading onto the ferry maintenance dock.
E. Five electrical transformers/ junction enclosures. The applicant states that these are to be located within 25' to 50' of the
electrical panel kiosks and would have an impervious concrete pad measuring either 6 or 12 square feet in area.
F. Eight electrical kiosks for marina power panels, each with an approximate area of 48 square feet. These would be located
within the 30' buffer.
A pump out holding tank, to be located adjacent to A -dock.
A pump -out station, located at the end of A -dock.
A fish cleaning station, cantilevered from the 6' wide walkway, located between A -Dock & B-Dock.
J. A gazebo located over public trust area with a covered, screened area of 20' in length by 12' in width (dripline dimensions
of 22' in length and 14' in width).
JK. Fuel dispensers and hose reels on A -Dock and two associated isolation/transfer boxes to shut-off fuel delivery in case of an
emergency.
A wooden handicap ramp, located between B- & C-Docks, for access between the docks and the Harbor Master office.
127 Cardinal Drive Extension, Wilmington, N.C. 28405-3845 • Telephone [phone] • Fax [phone]
An Equal Opportunity Affirmative Action Employer

M. A gazebo/platform located over open water, measuring 33' in length by 24' in width, with roofed dripline dimensions
measuring 16' in length by 16' in width.
N. A gazebo/pergola located outside the 30' buffer, but within the 75' estuarine shoreline AEC. The structure would measure
42' in length by 24' in width, with a roofed area measuring 24' in length by 22' in width.
O. A pool with associated decking, located outside the 30' buffer, but within the 75' estuarine shoreline AEC.
P. Impervious surfaces/parking areas (labeled Pl- P3), located outside of the 30' buffer.
Q. Two crofters with associated decks, located outside of the 30' buffer, but within the 75' estuarine shoreline AEC.
R. A 6x6 post fence/knee wall along the §404 wetland boundary on the southern corner of the marina. The fence would be
located outside of the estuarine shoreline AEC 30' buffer.
The applicant has submitted a check (ck. # 1340) in the amount of $100.00 for the modification request.
While the electrical panels and junction enclosures are located within the 30' buffer, it has been determined that these items are
considered accessory buildings per NCAC 07K .0209(a) and therefore are exempt. This Office recommends the following conditions
should a permit modification be issued:
1. The authorized covered platform/gazebo shall not be enclosed. Any material used on the sides shall not obstruct view
and must be permeable to air and water. Screen or wire on the sides along with benches and knee walls are permitted.
Lattice is specifically excluded from being used under this authorization.
2. The roof of the covered platform/gazebo shall not be designed for second story use.
3. 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.
4. The authorized structure and associated activity must not cause an unacceptable interference with navigation.
5. 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 it
transferred to a third party.
NOTE: The permittee is advised that 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.
NOTE: This permit does not eliminate the need to obtain any additional state, federal or local permits, approvals or authorizations that
may be required.
Enclosures
cc: Wilmington Files
Ted Tyndall, DCM
Wayne Strickland, LPO
127 Cardinal Drive Extension, Wilmington, N.C. 28405-3845 • Telephone [phone] • Fax [phone]
An Equal Opportunity Affirmative Action Employer

Bruce Marek, P.E.
P. O. Box 3069
Bald Head Island, NC 28461
910-457-7517
October 1, 2008
Ms. Heather Coats
NCDENR Division of Coastal Management
127 Cardinal Drive Extension
Wilmington, NC 28405
Re: CAMA Permit #91-96 Minor Modification Request: Deep Point Marina, Southport, NC
Marina Necesstiies & Amenities per Drawing DPM3 Rev 8: 10-1-08 Includes, Typical Marina Necessities
within the 30' Marina Buffer and Necessities/Amenities within the 75' Marina AEC
Dear Ms. Coats:
Included are five 24" x 36" copies of drawing DPM3 Rev 8 dated & sealed 8-18-08, for the Bald Head
Island Limited, LLC owned Deep Point Marina. Note that my first submittal for this Necessities &
Amenities project was submitted July 9, 2007. With subsequent drawing revisions dated 9-4-07, 12-6-07,
and 1-21-08, 4-24-08, 5-15-08, 7-8-08 & 8-18-08 based on your comments. I believe that 1 have finally
removed all marina necessity items that you felt would delay us obtaining this minor modification. We
are already working on a variance request for some of those items
I have previously submitted a 24" x 36" copy of approved Low Density Deep Point Marina Area
Stormwater Permit #SW8-071004 for your reference. It includes all of the over land impervious items
that I am asking for, as well as an additional 752 sf of "miscellaneous other" in case final transformer
pads, electrical kiosks, storage shed entry pads, etc. needs to be slightly larger than our first estimates.
Also, at this time we are only asking for CAMA permission for one of our two Stormwater permitted 526
sq ft impervious gazebo/pergolas (N). I had one in the 30' buffer for Stormwater, which I have
eliminated per your comments.
My 2/25/2000 and 7/9/07 Deep Point Marina and Slip layout drawings were approved only for slip
layout, and did not include all of the marina necessary items that ended up as multiple Letters of
Refinement and Minor Modifications at Bald Head Island Marina (CAMA#172-87) and Indigo
Plantation Marina (CAMA #41-85). The intent of this minor modification is to get one approval for the
numerous items around the recreational part of the marina in one minor modification. On drawing
DPM3, buildings and the 6' wide wood boardwalk around the marina perimeter that are already
CAMA permitted based on the original permit and other minor modifications are so indicated.
The benefit of being involved in the design/engineering of 3 marinas for the some client, Bald Head
Island Limited, LLC, means that by this third marina we have a pretty good idea of all of the water
dependent necessities and amenities that need to be built at a marina.
Below is a list of items. Designations start with Letter A. On the drawings) requested items are in red.
A. Slip width change to slip F20 for use as a catamaran slip (50' x 36' width): this involved a slight shift
and reconfiguration of slips F12 thru F20, without any increase in number of slips. Revised layout is
shown in red in the marina basin; existing permitted layout is shown in a black & white detail mid -left
on the drawing.
B. Harbormaster Storage Sheds (4): 144 sq tt roof area each (100 sf building footprint) accessory
structures. All are now outside of the 30' buffer, but within the 75'AEC. Bi is between the harbormaster
office and the fuel dock (A -Dock). B2 & B3 are near the gazebo/pergola N, and B4R�1R: sr
"crofters" Q1 &Q2. An impervious entry pad of 40 sq ft is associated with each of these sheds. M 6: D
OCT 0 2 ZOOS
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DCM WILMINGTON, ,Nc

C. Wood Dock Landings (5): Within the marina buffer, at the top of each of 5 ramps at A, B, C, D &
E/F. To be built at 40 sf each (in 2 pieces), connected to the 6' wide previously permitted wood
boardwalk. This totals the allowable per marina 200 sf of landing CAMA Limit. Note that this amount of
landing does not allow sufficient area for trash cans, dock cart storage, bike racks, etc.
D. Ramps from landings to the Floating Docks (8). 4'-6" wide x 26'+/- Aluminum Ramps. Six are shown
at the recreational part of the marina and designated D-1 thru D-6, and two are shown at the ferry
maintenance dock. I always assumed ramps as part of permitted slip layout drawings(s), but I have
not found ramps specifically mentioned in our permits. Please include in this minor mod if necessary.
E. Electrical Transformers/Junction Enclosures/pads (5) shown: Electrical engineer/power company will
decide final locations based on wiring path(s) available. Assumption is to have a transformer or
junction enclosure within 25' to 50' of the electrical panels. Along with transformers is the underground
electrical wiring necessary to power the transformers, and all service wiring. Stormwater permit is for 64
sf of transformer pads. Pads will be based on electric company enclosure sizes, estimated at 6 sf for
small enclosures and 12 sf +/- for larger enclosures
F. Electrical Kiosks (8): for the electrical power panels, these marina dependent panel backboards are
shown within the 30' marina buffer with approx 48 sf roof area each. The stormwater permit includes
385 sf of electrical panel roofs. We do not know yet if A -Dock will require 1 or 2 panel boards. Note that
the electrical panels need to be accessed to reset circuit breakers. The roofs are a life safety feature
to protect the workers from rain.
G. Marina Holding Tank Pump Out Shore Side Tank: This is a pump station for the A -Dock (fuel dock)
holding tank pump out. There is already an additional pump out permitted for the ferries in the marine
maintenance area.
H. Pump Out Station: This is the dock component on A -Dock to shore side tank/pump G
I. Fish Cleaning Station (1): Aluminum or stainless steel, cantilevered from wood boardwalk, between
A -Dock & B-Dock along walkway.
J. Dockmaster/Fuel/Ice Sales Screened Gazebo: (1) At A-Dock/Fuel Dock end in slip A6. Approx 12' x
20' footprint/screened area (no fixed walls). 14' x 22' with roof overhangs. Having attendant location
near the pumps for busy summer season is desirable from a safety & turnaround standpoint.
K. Fuel dispensers and hose reels indicated on the fuel dock (A -Dock). There will also be an isolation/
transfer box near the top and the bottom of the A -dock ramp, in order to shut-off fuel to the dock in
storm conditions. Fuel piping will be double wall piping per UST regulations. Fuel lines and valves will
run underground through both the Marina buffer and the 75' marina AEC. Note: Fuel tank location for
the 12,000 gal diesel tank and the 8000 gallon gasoline tank and the vent piping are outside of the
AEC, in the turnaround south of the harbormaster office, and are already in our CAMA Permit.
L. Wood Handicap Ramp (Labeled in Red, drawn in black): Ll is from between the B Dock & C Dock
Landings up to the Harbor Master Office/the marina parking turnaround. This wood handicap
compliant ramp has the required ADA landings every 30' and is shown at a 1 VA 2H slope. Due to FEMA
Flood Zone Regulations, the Harbormaster Office (Finished Floor Elevation 13.0) is raised on a plateau
above the marina bulkhead cap (Elevation 6.1'+/-). The handicap ramp is required for the vertical rise
due to the 4' retaining wall in front of the Harbor Master Office and Retail Space.
M. Over -The -Water 16'xl6' Roofed Gazebo/8'xl7' Wood Platform/Landing. The end of F- Dock is over
a quarter of a mile from the Harbormaster office. This roofed, open air structure will have bench seats
which will provide for respite from rain or sun, with alignment as shown.
RECEIVED
DCM WILMINGTON, NC
CAMA Permit #91-96 Marina Necessities/Amenities Minor Modification Request UM § 202M 2

N. Gazebo/Pergola similar to the pictured gazebo/pergola at Bald Head Island Marina. N is outside of
the Marina Buffer but inside of the 75' Marina AEC. It has 526 sq it of roof (22'x24'+/-). Deck size is
24'x42'. A pervious "pergola" area covers the unroofed portion. Stormwater permit is for two such
structures at 526 sf of impervious each = 1052 sf, but we have reduced our CAMA request to just one
at this time.
O. Pool & Pool Deck outside of the 30' Marina Buffer, but within the 75'AEC. 1500 sf impervious is in
Stormwater Permit SW8-071004 for the Pool Deck not under the roof line, with the pool size being
approximately 34' x 48' (pools are considered pervious surfaces). Note that we have included a
rendered detail of the Harbor Master Building showing pool and deck. There is an architectural pool
"overflow" area along the east side of the pool, which is sited outside of the 30' marina buffer.
P. Impervious Surfaces/Parking PI-P3: Speckled red areas on the drawing. 7500 sf is Stormwater
Permitted as "parking". It is all shown outside of the 30' marina buffer, with the majority within the 75'
AEC. Part of P2 is outside of 75'. P3 is a 20'x20' impervious pad between crofters Q1 & Q2, with some
of the area underneath the crofter decks.
Q. Crofters (2): These are outside of the 30' Marina buffer, but within the 75' Marina AEC. Ql has a
stormwater permitted 510 sf roofed area and A2 has 600 sf roofed area. These 2-3 story crofters are
Bald Head Island style small buildings with living or office space above a break -away walled garage.
Shown with 8' wide decks around perimeters of buildings (assumed 2' roof overhangs, thus decking
shown as 6' outside of roof edges. Architectural styling is not complete, so roof shapes may change..
R. Wetland Boundary Fence/Bench/Knee wall. Please note that there is a 404 wetland indicated the
east of the E &F-dock bulkheads. This constrains our useful area along this side. In order to protect the
wetland area, we have provided on the drawing a detail showing a sloppy vee/6x6 post knee wall,
with 3" X10" horizontal cap, all with ground contact treated lumber. We have now limited this "knee
wall" to the areas outside of the 30' marina buffer.
In addition to the above Rsted Items, the following three items which are so closely related to the
water dependent needs of the marina but don't seem to be listed in other CAMA permits are the
following utilities. I include them if you feel the need to specifically list them in this minor modification.
1. Telephone, Cable TV & DSL service lines & junction boxes, underground sewer & fuel lines.. Location
of lines: inside of the 30' marina buffer, with appropriate utility separations and depths.
2. Installation of a water/fire main(s), service laterals and hydrants and/or fire standpipes. North
Carolina building code has adopted several of the NFPA Fire Codes, with which we need to comply
as appropriate to provide adequate levels of fire/life safety. Included in water service lines are
landscape irrigation lines (with valve boxes), and any required back -flow preventers.
3. Site Lighting: for the boardwalks, dock landings, etc.
I have previously submitted a Bald Head Island Planning Department check for $100 for "Minor
Modification" to CAMA Permit # 91-96 for Marina Necessities/Accessories. If you have any questions
and/or comments, please call me at 910-457-7517, 799-9245 or 228-2484. Additionally, when the minor
mod is completed, please have copies e-mailed or faxed to me and j&sP14./,5j-7463 & 457-7220.
Respectfully, '� FE§y q%'�
Bruce Marek, P.E.
For Bald Head Island Limited, LLC Planning Dept. :�F'1Or p,r �� R E I V E D
cc: Jim Henry, Director, BHI Planning & Development
M. Kent Mitchell, CEO, Bald Head Island Limited LLC '�� E$ 2000
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DCM WILMINGTON, NC

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
August 28, 2008
CERTIFIED MAIL
RETURN RECEIPT REQUESTED
Bald Head Island Limited, LLC
c/o Mr. Bruce Marek, P.E.
P.O. Box 3069
Bald Head Island, NC 28461
Dear Mr. Marek:
This letter is in response to your two written requests, acting as authorized agent for Bald Head
Island Limited, LLC, in which authorization is requested to modify CAMA Major Permit Number 91-96,
issued June 3, 1996 under the Coastal Area Management Act (LAMA) and State Dredge and Fill Law.
The two requests were seeking authorization to construct an 8-foot wide paved access road located 6 feet
landward of the wooden walkway at Deep Point Marina, a 28-foot x 28-foot paved turn -around at the
northeastern end of the proposed paved access road, and secondly, five wood landings (platforms) at the .
dock entrances measuring 20 feet by 28 feet. Both requests were received by the Division of Coastal
Management July 9, 2008. Based on the state's review, the Division of Coastal Management has made
the following findings:
1) The proposed paved 8-foot wide access road and the 28 ft. x 28 ft. paved turn -around area
would be located entirely within 30 feet of the normal high water line.
2) The five proposed 20 ft. x 28 ft. wooden landings (platforms), totaling an area of 2,800
square feet, would be located entirely within 30 feet of the normal high water line and
exceed the total allowable platform area of 200 square feet set forth in NCAC
07H.0209(d)(10).
3) Based upon the above referenced findings, the Division has determined that the proposed
project (although requested via two letters dated July 8, 2008) is inconsistent with the
following rules of the Coastal Resources Commission:
a) 15A NCAC 07H.0209(d)(10), which states "Within the Coastal Shorelines
category (estuarine and public trust shoreline AECs), new development shall be
located a distance of 30 feet landward of the normal water level or normal high
water level, with the exception of the following: (A) Water -dependent uses as
described in Rule 07H.0208(a)(1) of the Section;" 15A NCAC 0711.0208
specifically lists private roads and parking areas as uses that are not water
dependent.
400 Commerce Avenue, Morehead City, North Carolina 28557
Phone: [phone] \ FAX: [phone] \ Internet: www.nccoastaimanag'ement.net
An Equal Opportunity \ Affirmative Action Employer — 50% Recycled \ 10% Post Consumer Paper

Bald Head Island Limited, LLC
August 28, 2008
Page 2
b) 15A NCAC 07H.0209(d)(10), which states "TiVithin the Coastal Shorelines
category (estuarine and public trust shoreline AECs), new development shall be
located a distance of 30 feet landward of the normal water level or normal high
water level, with the exception of the following: (F) Decks/Observation Decks
limited to slatted, wooden, elevated and unroofed decks that shall not singularly
of collectively exceed 200 square feet." The total combined area for the five
proposed decks totals 2,800 square feet, exceeding the allowable 200 square feet.
Given the preceding findings, it is necessary that your request for a modification of a CAMA
Major Permit under the Coastal Area Management Act and State Dredge and Fill Law be denied. This
denial is made pursuant to N.C.G.S. 113A-120(a)(8) which requires denial for projects inconsistent with
the state guidelines for Areas of Environmental Concern or local land use plans.
If you wish to appeal this denial, you are entitled to a hearing. The hearing will involve
appearing before an Administrative Law Judge who listens to evidence and arguments of both parties and
then makes a recommendation to the Coastal Resources Commission. Your request for a hearing must be
in the form of a written petition, complying with the requirements of § 150B of the General Statutes of
North Carolina, and must be filed with the Office of Administrative Hearings, 6714 Mail Service Center,
Raleigh, NC 27699-6714, within twenty (20) days from the date of this letter. A copy of this petition
should be filed with this office.
Also, you are advised that as long as this state permit denial stands, your project must be deemed
inconsistent with the N.C. Coastal Management Program, thereby precluding the issuance of federal
permits for this project. The Federal Coastal Zone Management Act (CZMA) gives you the right to
appeal this finding to the U.S. Secretary of Commerce within thirty days of receipt of this letter. Your -
appeal must be on the grounds that the proposed activity is (1) consistent with the objectives or purposes
of the CZMA, or (2) is necessary in the interest of national security, and thus, may be federally approved.
Members of my staff are available to assist you should you desire to modify your proposal in the
future. If you have any questions concerning this matter, please contact Doug Huggett at (252) 808-
2808, extension 212.
Sincerely,
Cg'C'
s H. Greson
cc: Colonel Jefferson Ryscavage — U.S. Army Corps of Engineers, Wilmington, NC
David Kennedy, Director — OCRMINOAA, Silver Spring, MD
David Timpy, ACOE- Wilmington
Steve Everhart, DCM— Wilmington.

Permit # J)(?A m I
DCM Coordinator:_ _
MAILING DISTRIBUTION
DCM Field Offices:
E - orehead Ci
W n Qn
ihnington
US ACOE Offices:
Washington: Raleigh Bland
Scott Jones
William Westcott (NC DOT)
Bill Biddlecome (NC DOT)
Dave Timpy
Cultural Resources: Renee Gledhill -Early
Public Water Supply: Debra
Marine Fisheries: Anne Deaton
NC DOT: Ken Pace
Shellfish Sanitation: Patti Fowler
State Property: June Michaux
Water Quality: Cyndi Karoly
Washington: Vivian Christy
ilmington: Ed Bed
Wildlife Resources. a Dunn WARO
Molly Elwood (WIRO)
LPO:
Fax Distribution: Permitee
Agent #:

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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
MEMORANDUM
TO: Doug Huggett
FROM: Heather Coats #-twG
Field Representative, Wilmington
THROUGH: Steven H. Everhart, PhD %U
Wilmington District Manager
DATE: July 16, 2008
4
JUL 2 2 Z�08
Morehead City D6M
SUBJECT: Permit Modification Request
CAMA Major Permit No. 91-96
Bald Head Island Limited, LLC, Deep Point Marina, Southport, Brunswick County
Mr. Bruce Marek, acting as agent for Bald Head Island Limited, LLC, is requesting a modification of State Permit No. 91-96. State
Permit No. 91-96 was issued to Bald Head Island, Ltd. on June 3, 1996 for the excavation of an access channel and boat basin, marina
facility with barge and ferry landings, a marine maintenance building, office and storage buildings, and parking. A minor modification
was issued on August 19, 1999 for the addition of riprap and the permit was renewed on December 8, 1999. The permit was again
modified on May 22, 2000 for the expansion of the marina basin and then renewed on February 14, 2002 and February 23, 2004. On
July 16, 2004, it was modified for the addition of additional parking spaces. An amendment was issued on April 27, 2006 to authorize a
name change to Bald Head Island Limited and amended again on September 18, 2006 to change the permit holder's name to Bald Head
Island Limited, LLC. 'Me permit was last renewed on December 13, 2007 and will expire on December 31, 2009.
Mr. Marek is requesting that the permit be modified to include an 8' wide access road, aligned parallel to D- E- & F-Docks,
landward of the 6' wide wooden walkway at Deep Point Marina, which is entirely within the Estuarine Shoreline 30' buffer. A 28' in
length by 28' in width turn -around platform is proposed at the end of road. Mr. Marek cites safety concerns due to a lack of
emergency access along F-dock as the basis of his request. The road alignment along F-Dock is limited by the presence of §404
wetlands and could not be relocated outside of the buffer without impacting these wetlands, as shown on the plans.
The applicant has submitted a check (ck. # 5213) in the amount of $100.00 for the modification request.
I believe the proposed development is inconsistent with the use standard set forth in NCAC 07H.0209(d)(10), which states "within
the Coastal Shoreline category (estuarine and public trust shoreline AECs), new development shall be located a distance of 30 feet
landward of the normal water level or normal high water level...". As the development does not qualify as any of the exceptions to
this buffer rule, denial of the modification request is recommended.
Enclosures
cc: Wilmington Files
Ted Tyndall, DCM
Dave Timpy, USACE
Wayne Strickland, LPO
127 Cardinal Drive Extension, Wilmington, N.C. 28405-3845 • Telephone [phone] • Fax [phone]
An Equal Opportunity Affirmative Action Employer

Bruce Marek, P.E.
P. O. Box 3069
Bald Head Island, NC 28461
910-457-7517
July 8, 2008
Ms. Heather Coats
NCDENR Division of Coastal Management
127 Cardinal Drive Extension
Wilmington, NC 28405
Re: CAMA Permit #91-96 Minor Modification Request: Deep Point Marina, Southport, NC
Drawing DPM6 7-8-08 Fire Department Access Road
Dear Ms. Coats:
Included are five 24" x 36" copies of drawing DPM6 dated & sealed 7-8-08, for the Bald Head Island
Limited, LLC owned Deep Point Marina. This minor modification request is specifically for the 8' wide
Fire Department/Emergency Vehicles access road along the south and east perimeters of the Deep
Point Marina. Also included is one copy of Stormwater Drawing SW8-071004 Deep Point Marina Basin
Low Density, seal dated 10-3-07, with DWQ approval date 10-16-07.
As shown on our detail, we are proposing an 8'wide safety/harbormaster access road to the north
end of F-Dock. In our stormwater permit, we have 7100 sf of "streets" approved for this purpose. The
north end of F-Dock is approximately 850 If from the already CAMA approved tumoround at the
restaurant entrance. It is also approximately a quarter of a mile to the Harbormaster Office. Hopefully
it will never need to be used for its intended purpose as a Fire/EMT Access Road, but 850 feet is a long
way to lug hoses or a stretcher. I have seen the disasterous effects of boat fires, and I have had a
couple of heart attacks myself. As a professional engineer, I do like to adhere to my duty to protect
the health and safety of the people of the State of North Carolina. More and more so, we are
required to follow the NFPA regulations relating to Marina Design.
Ideally, this access road would be incorporated into our simultaneous DPM3 Marina
Necessities/Amenities Request. We have separated it out per your recommendation as this separate
DPM6 submission, with the understanding that you will be denying this request and requiring us to seek
a variance from the CRC.
Hopefully we can have staff recommendation that will allow us to successfully pursue obtaining a
variance for what I consider a "marina necessity". As we have discussed many times in the past year
since my first DMP3 Marina Necessities submission, the original CAMA permits for this marina date back
to 1996. Rules at that time would not have precluded this road within 30' of the marina bulkhead.
Additionally, the marina basin was sited specifically with guidance from CAMA as to its final location to
the wetland(s). We are constrained with a wetland as close as 25' to the bulkhead along F-dock, so
feel that we should be allowed to implement our "road for safety" as shown. I am including a check
for $100 for this "Minor Modification" request to CAMA Permit # 91-96.
We would like to be scheduled for the variance as soon as possible, and want to mention that we
would also like for DPM4 (Dock Landings) and DPM 5 (Marina Entrance Sign) also being submitted
today to be scheduled for the some date. Thanking you in advgpperfgr j, ttention to this matter.
Respectfully,
Bruce Marek, P.E.
For Bald Head Island Limited, LLC Planning Dept.
cc: Jim Henry, Director, BHI Planning & Development
M. Kent Mitchell, CEO, Bald Head Island Limited LLC
�S
CEI ED
JUL 9 - 2008
J
AMES
QCM WiLMINGTONt NC

©'� r
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
16 i alu(6)AX111 fj
TO: Doug Huggett
FROM: Heather Coats 171/1C.
Field Representative, Wilmington
THROUGH: Steven H. Everhart, PhD
Wilmington District Manager
DATE: July 16, 2008
d
JUL
2 2 2008
Morehead City DCM
SUBJECT: Permit Modification Request
CAMA Major Permit No. 91-96
Bald Head Island Limited, LLC, Deep Point Marina, Southport, Brunswick County
Mr. Bruce Marek, acting as agent for Bald Head Island Limited, LLC, is requesting a modification of State Permit No. 91-96. State
Permit No. 91-96 was issued to Bald Head Island, Ltd. on June 3, 1996 for the excavation of an access channel and boat basin, marina
facility with barge and ferry landings, a marine maintenance building, office and storage buildings, and parking. A minor modification
was issued on August 19, 1999 for the addition of riprap and the permit was renewed on December 8, 1999. The permit was again
modified on May 22, 2000 for the expansion of the marina basin and then renewed on February 14, 2002 and February 23, 2004. On
July 16, 2004, it was modified for the addition of additional parking spaces. An amendment was issued on April 27, 2006 to authorize a
name change to Bald Head Island Limited and amended again on September 18, 2006 to change the permit holder's name to Bald Head
Island Limited, LLC. The permit was last renewed on December 13, 2007 and will expire on December 31, 2009.
Mr. Marek is requesting that the permit be modified to include an 8' wide access road, aligned parallel to D- E- & F-Docks,
landward of the 6' wide wooden walkway at Deep Point Marina, which is entirely within the Estuarine Shoreline 30' buffer. A 28' in
length by 28' in width turn -around platform is proposed at the end of road. Mr. Marek cites safety concerns due to a lack of
emergency access along F-dock as the basis of his request. The road alignment along F-Dock is limited by the presence of §404
wetlands and could not be relocated outside of the buffer without impacting these wetlands, as shown on the plans.
The applicant has submitted a check (ck. M 5213) in the amount of $100.00 for the modification request.
I believe the proposed development is inconsistent with the use standard set forth in NCAC 07H.0209(d)(10), which states "within
the Coastal Shoreline category (estuarine and public trust shoreline AECs), new development shall be located a distance of 30 feet
landward of the normal water level or normal high water level...". As the development does not qualify as any of the exceptions to
this buffer rule, denial of the modification request is recommended.
Enclosures
cc: Wilmington Files
Ted Tyndall, DCM
Dave Timpy, USACE
Wayne Strickland, LPO
127 Cardinal Drive Extension, Wilmington, N.C. 28405-3845 • Telephone [phone] • Fax [phone]
An Equal Opportunity Affirmative Action Employer

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c/o Mr. Bruce Marek, P.E.
PO Box 3069
Bald Head Island NC 28461

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
August 28, 2008
CERTIFIED MAIL
RETURN RECEIPT REQUESTED
Bald Head Island Limited, LLC
C/o Mr. Bruce Marek, P.E.
P.O. Box 3069
Bald Head Island, NC 28461
Dear Mr. Marek:
This letter is in response to your two written requests, acting as authorized agent for Bald Head
Island Limited, LLC, in which authorization is requested to modify CAMA Major Permit Number 91-96,
issued June 3, 1996 under the Coastal Area Management Act (CAMA) and State Dredge and Fill Law.
The two requests were seeking authorization to construct an 8-foot wide paved access road located 6 feet
landward of the wooden walkway at Deep Point Marina, a 28-foot x 28-foot paved turn -around at the
northeastern end of the proposed paved access road, and secondly, five wood landings (platforms) at the
dock entrances measuring 20 feet by 28 feet. Both requests were received by the Division of Coastal
Management July 9, 2008. Based on the state's review, the Division of Coastal Management has made
the following findings:
1) The proposed paved 8-foot wide access road and the 28 ft. x 28 ft. paved turn -around area
would be located entirely within 30 feet of the normal high water line.
2) The five proposed 20 ft. x 28 ft. wooden landings (platforms), totaling an area of 2,800
square feet, would be located entirely within 30 feet of the normal high water line and
exceed the total allowable platform area of 200 square feet set forth in NCAC
07H.0209(d)(10).
3) Based upon the above referenced findings, the Division has determined that the proposed
project (although requested via two letters dated July 8, 2008) is inconsistent with the
following rules of the Coastal Resources Commission:
a) 15A NCAC 07H.0209(d)(10), which states "Within the Coastal Shorelines
category (estuarine and public trust shoreline AECs), new development shall be
located a distance of 30 feet landward of the normal water level or normal high
water level, with the exception of the following: (A) Water -dependent uses as
described in Rule 07H.0208(a)(1) of the Section;" 15A NCAC 07H.0208
specifically lists private roads and parking areas as uses that are not water
dependent.
400 Commerce Avenue, Morehead City, North Carolina 28557
Phone: [phone] \ FAX: [phone] \ Internet: www.nccoastalmanagement.net
An Equal ffirrnative Action Employer —50% Recycled \ 10% Post Consumer Paper

Bald Head Island Limited, LLC
August28,2008
Page 2
b) 15A NCAC 07H.0209(d)(10), which states "Within the Coastal Shorelines
category (estuarine and public trust shoreline AECs), new development shall be
located a distance of 30 feet landward of the normal water level or normal high
water level, with the exception of the following: (F) Decks/Observation Decks
limited to slatted, wooden, elevated and unroofed decks that shall not singularly
of collectively exceed 200 square feet." The total combined area for the five
proposed decks totals 2,800 square feet, exceeding the allowable 200 square feet.
Given the preceding findings, it is necessary that your request for a modification of a CAMA
Major Permit under the Coastal Area Management Act and State Dredge and Fill Law be denied. This
denial is made pursuant to N.C.G.S. 113A-120(a)(8) which requires denial for projects inconsistent with
the state guidelines for Areas of Environmental Concern or local land use plans.
If you wish to appeal this denial, you are entitled to a hearing. The hearing will involve
appearing before an Administrative Law Judge who listens to evidence and arguments of both parties and
then makes a recommendation to the Coastal Resources Commission. Your request for a hearing must be
in the form of a written petition, complying with the requirements of §15013 of the General Statutes of
North Carolina, and must be filed with the Office of Administrative Hearings, 6714 Mail Service Center,
Raleigh, NC 27699-6714, within twenty (20) days from the date of this letter. A copy of this petition
should be filed with this office.
Also, you are advised that as long as this state permit denial stands, your project must be deemed
inconsistent with the N.C. Coastal Management Program, thereby precluding the issuance of federal
Permits for this project. The Federal Coastal Zone Management Act (CZMA) gives you the right to
appeal this finding to the U.S. Secretary of Commerce within thirty days of receipt of this letter. Your
appeal must be on the grounds that the proposed activity is (1) consistent with the objectives or purposes
of the CZMA, or (2) is necessary in the interest of national security, and thus, may be federally approved.
Members of my staff are available to assist you should you desire to modify your proposal in the
future. If you have any questions concerning this matter, please contact Doug Huggett at (252) 808-
2808, extension 212.
Sincerely,
s H. Gregson
cc: Colonel Jefferson Ryscavage — U.S. Army Corps of Engineers, Wilmington, NC
David Kennedy, Director — OCRMINOAA, Silver Spring, MD
David Timpy, ACOE- Wilmington
Steve Everhart, DCM — Wilmington.

r
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
August 28, 2008
CERTIFIED MAIL
RETURN RECEIPT REQUESTED
Bald Head. Island Limited, LLC
c/o Mr. Bruce Marek, P.E.
P.O. Box 3069
Bald Head Island, NC 28461
Dear Mr. Marek:
This letter is in response to your two written requests, acting as authorized agent for Bald Head
Island Limited, LLC, in which authorization is requested to modify CAMA Major Permit Number 91-96,
issued June 3, 1996 under the Coastal Area Management Act (LAMA) and State Dredge and Fill Law.
The two requests were seeking authorization to construct an 8-foot wide paved access road located 6 feet
landward of the wooden walkway at Deep Point Marina, a 28-foot x 28-foot paved turn -around at the
northeastern end of the proposed paved access road, and secondly, five wood landings (platforms) at the
dock entrances measuring 20 feet by 28 feet. Both requests were received by the Division of Coastal
Management July 9, 2008. Based on the state's review, the Division of Coastal Management has made
the following findings:
1) The proposed paved 8-foot wide access road and the 28 ft. x 28 ft. paved turn -around area
would be located entirely within 30 fea of the normal high water line,
2) The five proposed 20 ft. x 28 ft. wooden landings (platforms), totaling an area of 2,800
square feet, would be located entirely within 30 feet of the normal high water line and
exceed the total allowable platform area of 200 square feet set forth in NCAC
07H.0209(d)(10).
3) Based upon the above referenced findings, the Division has determined that the proposed
project (although requested via two letters dated July 8, 2008) is inconsistent with the
following rules of the Coastal Resources Commission:
a) 15A NCAC 07H.0209(d)(10), which states "Within the Coastal Shorelines
category (estuarine and public trust shoreline AECs), new development shall be
located a distance of 30 feet landward of the normal water level or normal high
water level, with the exception of the following: (A) Water -dependent uses as
described in Rule 07H.0208(a)(1) of the Section;" 15A NCAC 0711.0208
specifically lists private roads and parking areas as uses that are not water
dependent.
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

Bald Head Island Limited, LLC
August 28, 2008
Page 2
b) 15A NCAC 07H.0209(d)(10), which states "Within the Coastal Shorelines
category (estuarine and public trust shoreline AECs), new development shalt be
located a distance of 30 feet landward of the normal water level or normal high
water level, with the exception of the following: (F) Decks/Observation Decks
limited to slatted, wooden, elevated and unroofed decks that shall not singularly
of collectively exceed 200 square feet. " The total combined area for the five
proposed decks totals 2,800 square feet, exceeding the allowable 200 square feet.
Given the preceding findings, it is necessary that your request for a modification of a CAMA
Major Permit under the Coastal Area Management Act and State Dredge and Fill Law be denied. This
denial is made pursuant to N.C.G.S. 113A-120(a)(8) which requires denial for projects inconsistent with
the state guidelines for Areas of Environmental Concern or local land use plans.
If you wish to appeal this denial, you are entitled to a hearing. The hearing will involve
appearing before an Administrative Law Judge who listens to evidence and arguments of both parties and
then makes a recommendation to the Coastal Resources Commission. Your request for a hearing must be
in the form of a written petition, complying with the requirements of §150B of the General Statutes of
North Carolina, and must be filed with the Office of Administrative Hearings, 6714 Mail Service Center,
Raleigh, NC 27699-6714, within twenty (20) days from the date of this letter. A copy of this petition
should be filed with this office.
Also, you are advised that as long as this state permit denial stands, your project must be deemed
inconsistent with the N.C. Coastal Management Program, thereby precluding the issuance of federal
permits for this project. The Federal Coastal Zone Management Act (CZMA) gives you the right to
appeal this finding to the U.S. Secretary of Commerce within thirty days of receipt of this letter. Your
appeal must be on the grounds that the proposed activity is (1) consistent with the objectives or purposes
of the CZMA, or (2) is necessary in the interest of national security, and thus, may be federally approved.
Members of my staff are available to assist you should you desire to modify your proposal in the
future. If you have any questions concerning this matter, please contact Doug Huggett at (252) 808-
2808, extension 212.
Sincerely,, '
s H. Gregson P
cc: Colonel Jefferson Ryscavage — U.S. Army Corps of Engineers, Wilmington, NC
David Kennedy, Director — OCRM/NOAA, Silver Spring, MD
David Timpy, ACOE- Wilmington
Steve Everhart, DCM — Wilmington.

NCDENR
North Carolina Department of Environment and Natural Resources
Division of Coastal Management
Michael F. Easley, Governor
CERTIFIED MAIL
RETURN RECEIPT REQUESTED
Bald Head Island Limited, LLC
c/o Mr. Bruce Marek, P.E.
P.O. Box 3069
Bald Head Island, NC 28461
Dear Mr. Marek:
James H. Gregson, Director
August 28, 2008
William G. Ross Jr., Secretary
This letter is in response to your two written requests, acting as authorized agent for Bald Head
Island Limited, LLC, in which authorization is requested to modify CAMA Major Permit Number 91-96,
issued June 3, 1996 under the Coastal Area Management Act (CAMA) and State Dredge and Fill Law.
The two requests were seeking authorization to construct an 8-foot wide paved access road located 6 feet
landward of the wooden walkway at Deep Point Marina, a 28-foot x 28-foot.paved tum-around at the
northeastern end of the proposed paved access road, and secondly, five wood landings (platforms) at the .
dock entrances measuring 20 feet by 28 feet. Both requests were received by the Division of Coastal
Management July 9, 2008. Based on the state's review, the Division of Coastal Management has made
the following findings:
1) The proposed paved 8-foot wide access road and the 28 ft. x 28 ft. paved turn -around area
would be located entirely within 30 feet of the normal high water line.
2) The five proposed 20 ft. x 28 ft. wooden landings (platforms), totaling an area of 2,800
square feet, would be located entirely within 30 feet of the normal high water line and
exceed the total allowable platform area of 200 square feet set forth in NCAC
07H.0209(d)(10).
3) Based upon the above referenced findings, the Division has determined that the proposed
project (although requested via two letters dated July 8, 2008) is inconsistent with the
following rules of the Coastal Resources Commission:
a) 15A NCAC 07H.0209(d)(10), which states "Within the Coastal Shorelines
category (estuarine and public trust shoreline AECs), new development shall be
located a distance of 30 feet landward of the normal water level or normal high
water level, with the exception of the following: (A) Water -dependent uses as
described in Rule 07H.0208(a)(1) of the Section;" 15A NCAC 07H.0208
specifically lists private roads and parking areas as uses that are not water
dependent.
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
I

Bald Head Island Limited, LLC
August 28, 2008
Page 2
b) 15A NCAC. 07H.0209(d)(10), which states '`bVithin the Coastal Shorelines
category (estuarine and public trust shoreline AECs), new development shall be
located a distance of 30 feet landward of the normal water level or normal high
water level, with the exception of the following: (F) Decks/Observation Decks
limited to slatted, wooden, elevated and unroofed decks that shall not singularly
of collectively exceed 200 square feet. " The total combined area for the five
proposed decks totals 2,800 square feet, exceeding the allowable 200 square feet.
Given the preceding findings, it is necessary that your request for a modification of a CAMA
Major Permit under the Coastal Area Management Act and State Dredge and Fill Law be denied. This
denial is made pursuant to N.C.G.S. 113A-120(a)(8) which requires denial for projects inconsistent with
the state guidelines for Areas of Environmental Concern or local land use plans.
If you wish to appeal this denial, you are entitled to a hearing. The hearing will involve
appearing before an Administrative Law Judge who listens to evidence and arguments of both parties and
then makes a recommendation to the Coastal Resources Commission. Your request for a hearing must be
in the form of a written petition, complying with the requirements of § 150B of the General Statutes of
North Carolina, and must be filed with the Office of Administrative Hearings, 6714 Mail Service Center,
Raleigh, NC 27699-6714, within twenty (20) days from the date of this letter. A copy of this petition
should be filed with this office.
Also, you are advised that as long as this state permit denial stands, your project must be deemed
inconsistent with the N.C. Coastal Management Program, thereby precluding the issuance of federal
permits for this project. The Federal Coastal Zone Management Act (CZMA) gives you the right to
appeal this finding to the U.S. Secretary of Commerce within thirty days of receipt of this letter. Your
appeal must be on the grounds that the proposed activity is (1) consistent with the objectives or purposes
of the CZMA, or (2) is necessary in the interest of national security, and thus, may be federally approved.
Members of my staff are available to assist you should you desire to modify your proposal in the
future. If you have any questions concerning this matter, please contact Doug Huggett at (252) 808-
2808, extension 212.
Sincerely,
VVw.
es H. Gregson
cc: Colonel Jefferson Ryscavage — U.S. Army Corps of Engineers, Wilmington, NC
David Kennedy, Director — OCRM/NOAA, Silver Spring, MD
David Timpy, ACOE- Wilmington
Steve Everhart, DCM — Wilmington.

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
August 28, 2008
CERTIFIED MAIL
RETURIN RECEIPT REQUESTED
Bald Head Island Limited, LLC
c/o Mr. Bruce Marek, P.E.
P.O. Box 3069
Bald Head Island, NC 28461
Dear Mr. Marek:
This letter is in response to your two written requests, acting as authorized agent for Bald Head
Island Limited, LLC, in which authorization is requested to modify CAMA Major Permit Number 91-96,
issued June 3, 1996 under the Coastal Area Management Act (CAMA) and State Dredge and Fill Law.
The two requests were seeking authorization to construct an 8-foot wide paved access road located 6 feet
landward of the wooden walkway at Deep Point Marina, a 28-foot x 28-foot paved turn -around at the
northeastem end of the proposed paved access road, and secondly, five wood landings (platforms) at the.
dock entrances measuring 20 feet by 28 feet. Both requests were received by the Division of Coastal
Management July 9, 2008. Based on the state's review, the Division of Coastal Management has made
the following findings:
1) The proposed paved 8-foot wide access road and the 28 ft. x 28 ft. paved turn -around area
would be located entirely within 30 feet of the normal high water line.
2) The five proposed 20 ft. x 28 ft. wooden landings (platforms), totaling an area of 2,800
square feet, would be located entirely within 30 feet of the normal high water line and
exceed the total allowable platform area of 200 square feet set forth in NCAC
07H.0209(d)(10).
3) Based upon the above referenced findings, the Division has determined that the proposed
project (although requested via two letters dated July 8, 2008) is inconsistent with the
following rules of the Coastal Resources Commission:
a) 15A NCAC 07H.0209(d)(10), which states "Within the Coastal Shorelines
category (estuarine and public trust shoreline AECs), new development shall be
located a distance of 30 feet landward of the normal water level or normal high
water level, with the exception of the following: (A) Water -dependent uses as
described in Rule 07H.0208(a)(1) of the Section;" 15A NCAC 07H.0208
specifically lists private roads and parking areas as uses that are not water
dependent.
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
P
P

Bald Head Island Limited, LLC
August 28, 2008
Page 2
b) 15A NCAC 07H.0209(d)(10), which states "Within the Coastal Shorelines
category (estuarine and public trust shoreline AECs), new development shall be
located a distance of 30 feet landward of the normal water level or normal high
water level, with the exception of the following: (F) Decks/Observation Decks
limited to slatted, wooden, elevated and unroofed decks that shall not singularly
of collectively exceed 200 square feet." The total combined area for the five
proposed decks totals 2,800 square feet, exceeding the allowable 200 square feet.
Given the preceding findings, it is necessary that your request for a modification of a CAMA
Major Permit under the Coastal Area Management Act and State Dredge and Fill Law be denied. This
denial is made pursuant to N.C.G.S. 113A-120(a)(8) which requires denial for projects inconsistent with
the state guidelines for Areas of Environmental Concern or local land use plans.
If you wish to appeal this denial, you are entitled to a hearing. The hearing will involve
appearing before an Administrative Law Judge who listens to evidence and arguments of both parties and
then makes a recommendation to the Coastal Resources Commission. Your request for a hearing must be
in the form of a written petition, complying with the requirements of § 150B of the General Statutes of
North Carolina, and must be filed with the Office of Administrative Hearings, 6714 Mail Service Center,
Raleigh, NC 27699-6714, within twenty (20) days from the date of this letter. A copy of this petition
should be filed with this office.
Also, you are advised that as long as this state permit denial stands, your project must be deemed
inconsistent with the N.C. Coastal Management Program, thereby precluding the issuance of federal
permits for this project. The Federal Coastal Zone Management Act (CZMA) gives you the right to
appeal this finding to the U.S. Secretary of Commerce within thirty days of receipt of this letter. Your
' appeal must be on the grounds that the proposed activity is (1) consistent with the objectives or purposes
of the CZMA, or (2) is necessary in the interest of national security, and thus, may be federally approved.
i
Members of my staff are available to assist you should you desire to modify your proposal in the
future. If you have any questions concerning this matter, please contact Doug Huggett at (252) 808-
2808, extension 212.
Sincerely, 1
q L h..
resH. -son
cc: Colonel Jefferson Ryscavage — U.S. Army Corps of Engineers, Wilmington, NC
David Kennedy, Director — OCRM/NOAA, Silver Spring, MD
David Timpy, ALOE- Wilmington
Steve Everhart, DCM — Wilmington.

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
August 28, 2008
CERTIFIED MAIL
RETURN RECEIPT REQUESTED
Bald Head Island Limited, LLC
c/o Mr. Bruce Marek, P.E.
P.O. Box 3069
Bald Head Island, NC 28461
Dear Mr. Marek:
This letter is in response to your two written requests, acting as authorized agent for Bald Head
Island Limited, LLC, in which authorization is requested to modify CAMA Major Permit Number 91-96,
issued June 3, 1996 under the Coastal Area Management Act (LAMA) and State Dredge and Fill Law.
The two requests were seeking authorization to construct an 8-foot wide paved access road located 6 feet
landward of the wooden walkway at Deep Point Marina, a 28-foot x 28-foot paved turn -around at the
northeastern end of the proposed paved access road, and secondly, five wood landings (platforms) at the .
dock entrances measuring 20 feet by 28 feet. Both requests were received by the Division of Coastal
Management July 9, 2008. Based on the state's review, the Division of Coastal Management has made
the following findings:
1) The proposed paved 8-foot wide access road and the 28 ft. x 28 ft. paved tum-around area
would be located entirely within 30 feet of the normal high water line.
2) The five proposed 20 ft. x 28 ft. wooden landings (platforms), totaling an area of 2,800
square feet, would be located entirely within 30 feet of the normal high water line and
exceed the total allowable platform area of 200 square feet set forth in NCAC
07H.0209(d)(10).
3) Based upon the above referenced findings, the Division has determined that the proposed
project (although requested via two letters dated July 8, 2008) is inconsistent with the
following rules of the Coastal Resources Commission:
a) 15A NCAC 07H.0209(d)(10), which states "Within the Coastal Shorelines
category (estuarine and public trust shoreline AECs), new development shall be
located a distance of 30 feet landward of the normal water level or normal high
water level, with the exception of the following: (A) Water -dependent uses as
described in Rule 07H.0208(a)(1) of the Section;" 15A NCAC 07H.0208
specifically lists private roads and parking areas as uses that are not water
dependent.
400 Commerce Avenue, Morehead City, North Carolina 28557
Phone: [phone] \ FAX: [phone] \ Internet: www.nccoastalmanagement.net
An Equal Opportunityk Affirmative Action Employer - 50% Recycled \ 10% Post Consumer Paper

Bald Head Island Limited, LLC
August 28, 2008
Page 2
b) 15A NCAC 07H.0209(d)(10), which states "Within the Coastal Shorelines
category (estuarine and public trust shoreline AECs), new development shall be
located a distance of 30 feet landward of the normal water level or normal high
water level, with the exception of the following: (F) Decks/Observation Decks
limited to slatted, wooden, elevated and unroofed decks that shall not singularly
of collectively exceed 200 square feet." The .total combined area for the five
proposed decks totals 2,800 square feet, exceeding the allowable 200 square feet.
Given the preceding findings, it is necessary that your request for a modification of a CAMA
Major Permit under the Coastal Area Management Act and State Dredge and Fill Law be denied. This
denial is made pursuant to N.C.G.S. 113A-120(a)(8) which requires denial for projects inconsistent with
the state guidelines for Areas of Environmental Concern or local land use plans.
If you wish to appeal this denial, you are entitled to a hearing. The hearing will involve
appearing before an Administrative Law Judge who listens to evidence and arguments of both parties and
then makes a recommendation to the Coastal Resources Commission. Your request for a hearing must be
in the form of a written petition, complying with the requirements of §15013 of the General Statutes of
North Carolina, and must be filed with the Office of Administrative Hearings, 6714 Mail Service Center,
Raleigh, NC 27699-6714, within twenty (20) days from the date of this letter. A copy of this petition
should be filed with this office.
Also, you are advised that as long as this state permit denial stands, your project must be deemed
inconsistent with the N.C. Coastal Management Program, thereby precluding the issuance of federal
permits for this project. The Federal Coastal Zone Management Act (CZMA) gives you the right to
appeal this finding to the U.S. Secretary of Commerce within thirty days of receipt of this letter. Your
appeal must be on the grounds that the proposed activity is (1) consistent with the objectives or purposes
of the CZMA, or (2) is necessary in the interest of national security, and thus, may be federally approved.
Members of my staff are available to assist you should you desire to modify your proposal in the
future. If you have any questions concerning this matter, please contact Doug Huggett at (252) 808-
2808, extension 212.
Sincerely,
rK �h,.
esH. Gregson
cc: Colonel Jefferson Ryscavage — U.S. Army Corps of Engineers, Wilmington, NC
David Kennedy, Director — OCRM/NOAA, Silver Spring, MD
David Timpy, ACOE- Wilmington
Steve Everhart, DCM — Wilmington.

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
August 28, 2008
CERTIFIED MAIL
RETURN RECEIPT REQUESTED
Bald Head Island Limited, LLC
c/o Mr. Bruce Marek, P.E.
P.O. Box 3069
Bald Head Island, NC 28461
Dear Mr. Marek:
This letter is in response to your two written requests, acting as authorized agent for Bald Head
Island Limited, LLC, in which authorization is requested to modify CAMA Major Permit Number 91-96,
issued June 3, 1996 under the Coastal Area Management Act (LAMA) and State Dredge and Fill Law.
The two requests were seeking authorization to construct an 8-foot wide paved access road located 6 feet
landward of the wooden walkway at Deep Point Marina, a 28-foot x 28-foot paved turn -around at the
northeastern end of the proposed paved access road, and secondly, five wood landings (platforms) at the .
dock entrances measuring 20 feet by 28 feet. Both requests were received by the Division of Coastal
Management July 9, 2008. Based on the state's review, the Division of Coastal Management has made
the following findings:
1) The proposed paved 8-foot wide access road and the 28 ft. x 28 ft. paved tum-around area
would be located entirely within 30 feet of the normal high water line.
2) The five proposed 20 ft. x 28 ft. wooden landings (platforms), totaling an area of 2,800
square feet, would be located entirely within 30 feet of the normal high water line and
exceed the total allowable platform area of 200 square feet set forth in NCAC
07H.0209(d)(10).
3) Based upon the above referenced findings, the Division has determined that the proposed
project (although requested via two letters dated July 8, 2008) is inconsistent with the
following rules of the Coastal Resources Commission:
a) 15A NCAC 07H.0209(d)(10), which states "Within the Coastal Shorelines
category. (estuarine and public trust shoreline AECs), new development shall be
located a distance of 30 feet landward of the normal water level or normal high
water level, with the exception of the following: (A) Water -dependent uses as
described in Rule 07H.0208(a)(1) of the Section;" 15A NCAC 07H.0208
specifically lists private roads and parking areas as uses that are not water
dependent.
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

Bald Head Island Limited, LLC
August 28, 2008
Page 2
b) 15A NCAC 07H.0209(d)(10), which states "Within the Coastal Shorelines
category (estuarine and public trust shoreline AECs), new development shall be
located a distance of 30 feet landward of the normal water level or normal high
water level, with the exception of the following: (F) Decks/Observation Decks
limited to slatted, wooden, elevated and unroofed decks that shall not singularly
of collectively exceed 200 square feet." The total combined area for the five
proposed decks totals 2,800 square feet, exceeding the allowable 200 square feet.
Given the preceding findings, it is necessary that your request for a modification of a CAMA
Major Permit under the Coastal Area Management Act and State Dredge and Fill Law be denied. This
denial is made pursuant to N.C.G.S. 113A-120(a)(8) which requires denial for projects inconsistent with
the state guidelines for Areas of Environmental Concern or local land use plans.
If you wish to appeal this denial, you are entitled to a hearing. The hearing will involve
appearing before an Administrative Law Judge who listens to evidence and arguments of both parties and
then makes a recommendation to the Coastal Resources Commission. Your request for a hearing must be
in the form of a written petition, complying with the requirements of §15013 of the General Statutes of
North Carolina, and must be filed with the Office of Administrative Hearings, 6714 Mail Service Center,
Raleigh, NC 27699-6714, within twenty (20) days from the date of this letter. A copy of this petition
should be filed with this office.
Also, you are advised that as long as this state permit denial stands, your project must be deemed
inconsistent with the N.C. Coastal Management Program, thereby precluding the issuance of federal
permits for this project. The Federal Coastal Zone Management Act (CZMA) gives you the right to
appeal this finding to the U.S. Secretary of Commerce within thirty days of receipt of this letter. Your
appeal must be on the grounds that the proposed activity is (1) consistent with the objectives or purposes
of the CZMA, or (2) is necessary in the interest of national security, and thus, may be federally approved.
Members of my staff are available to assist you should you desire to modify your proposal in the
future. If you have any questions concerning this matter, please contact Doug Huggett at (252) 808-
2808, extension 212.
Sincerely,
w.
VV
es H. Gregson
cc: Colonel Jefferson Ryscavage — U.S. Army Corps of Engineers, Wilmington, NC
David Kennedy, Director — OCRM/NOAA, Silver Spring, MD
David Timpy, ACOE- Wilmington
Steve Everhart, DCM — Wilmington.

Bruce Marek, P.E.
P. O. Box 3069
Bald Head Island, NC 28461
910-457-7517
July 8, 2008
Ms. Heather Coats
NCDENR Division of Coastal Management
127 Cardinal Drive Extension
Wilmington, NC 28405
Re: CAMA Permit #91-96 Minor Modification Request: Deep Point Marina, Southport, NC
Drawing DPM5 7-8-08 Marina Entrance Sign
Dear Ms. Coats:
Included are five 24" x 36" revised copies of drawing DPM5 dated & sealed 7-8-08, for the Bald Head
Island Limited, LLC owned Deep Point Marina. This minor modification request is specifically for an in
the water marina entrance sign.
As shown on our detail, we are proposing an approximate 8'x20''2-5ided Vee-shaped in -the -water
sign north of the Deep Point Marina north jetty, to the west of a line between the north jetty end and
the A.D.M. Pier end. This is outside of any navigation channel or route.
I have given much consideration tc this sign location, and based on the A.D.M. Pier location, a land
based sign does not adequately project the marina message to vessels travelling southward down the
Cape Fear River. Placing the sign on one of the Deep Point Jetties would obscure the navigational
lights on the jetty. Tucked behind the line between pier end and jetty end will not impact larger
vessels or non -local vessels navigation lines. It actually can be a good warning "sign" if someone
inadvertently gets tucked in between the shore and the jetty end.
Ideally, this marina entrance sign would be incorporated into our simultaneous DPM3 Marina
Necessities/Amenities Request. We have separated it out per your recommendation as this separate
DPM5 submission, with the understanding that you will be denying.this request and requiring us to seek
a variance from the CRC.
Allowing boaters to be aware of this new facility and planned fuel docks, pump out and restaurant
should be welcome. There are studies that indicate a key to a successful marina is making sure that
the boating public knows what your services include. We are just trying to have a world class marina
in Southport, NC.
Hopefully we can have staff recommendation that will allow us to successfully pursue obtaining a
variance for what I consider a "marina necessity". I have previously submitted BHI Planning
Department check #1323 for $100 for this "Minor Modification" request to CAMA Permit # 91-96.
We would like to be scheduled for the variance as soon as possible, and want to mention that we
would also like for DPM4 (Dock Landings) and DPM 6 (Fire/Safety Access Road) also being submitted
today to be scheduled for the some date. Thanking you in advance for attention to this matter.
Respectfully,
Bruce Marek, P:E.
For Bald Head Island Limited, LLC Planning Dept.
cc: Jim Henry, Director, BHI Planning & Development
M. Kent Mitchell, CEO, Bald Head Island Limited LLC
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delivery. To obtain Return Receipt service, please complete antl attach a Rebm
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valuables, please consider Insured or Registered Mail.
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delivery. To obtain Return Receipt service, please complete and attach a Return
Receipt (PS Form 3811) to the article and add applicable postage to cover the
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