91-96 Minor Mod 2009 Bald Head Island Limited LLC

Permit Class
MODIFICATION/NHNOR
(by CRC Variance)
Permit Number
91-%
STATE OF NORTH CAROLINA
Department of Environment and Natural Resources
and
Coastal Resources Commission
41ermit for M�q'!{I/X Major Development in an Area of EnvironmentJI!
yr Jpursuant to NCGS I I3A-118 1 9 M9
X Excavation and/or filling pursuant to NCGS I lMb?eh@
ad City DChfi
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 letters (2) dated 7/8/08, including the
attached work plan drawing dated 4/14/09.
This permit, issued on May 27.2009 , is subject to compliance with the application (where consistent
with the permit), all applicable regulations, special conditions and notes set forth below. Any violation of these terms may
oe suoject to rmes, imprisonment or crvu action; or may cause me permit to ne nuu anu votu.
1) Unless specifically altered herein, this minor modification permit authorizes the following activities,
all as indicated on the attached workplan drawing:
a. The construction of a paved access road and turnaround to be used by the harbormaster and
emergency vehicles, and
b. The construction of five (5) 20' by 28' landing platforms, one each at the top of A Dock, B
Dock, C Dock, D Dock and E/F Dock.
Any additional land disturbing activities and/or construction may require a modification of this
permit. Contact a Division of Coastal Management representative at [phone] for this
determination.
(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.
v r�
Jame . Gregson, Director
`—Division of Coastal Management
This permit and its conditions are hereby accepted.

Bald Head Island Limited, LLC. Permit # 91-96
Page 2 of 2
ADDITIONAL CONDITIONS
NOTE: This permit does not eliminate the need to obtain any additional state, federal or local permits,
approvals or authorizations that may be required.
2) The authorized development shall be carried out in compliance with the conditions of the Final Variance
Order issued by the Coastal Resources Commission on 5/21/09.
3) 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.
4) All conditions and stipulations of the active permit remain in force under this minor modification, unless
altered herein.

Permit Class
MODIFICATION/1VIINOR
(by CRC Variance)
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
Permit Number
91-96
Issued to Bald Head Island Limited, LLC., PO Box 3069, Bald Head Island, NC 28461
Authorizing development in Brunswick County at Cane Fear River, at South Port off SR
as requested in the permittee's letters (2) dated 7/8/08. including the
attached work plan drawing dated 4/14/09.
This permit, issued on May 27, 2009 , is subject to compliance with the application (where consistent
with the permit), all applicable regulations, special conditions and notes set forth below. Any violation of these terms may
be subject to fines, imprisonment or civil action; or may cause the permit to be null and void.
1) Unless specifically altered herein, this minor modification permit authorizes the following activities,
all as indicated on the attached workplan drawing:
a. The construction of a paved access road and turnaround to be used by the harbormaster and
emergency vehicles, and
b. The construction of five (5) 20' by 28' landing platforms, one each at the top of A Dock, B
Dock, C Dock, D Dock and E/F Dock.
Any additional land disturbing activities and/or construction may require a modification of this'
permit. Contact a Division of Coastal Management representative at [phone] for this
determination.
(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.
Jame .'Gregson, Director
ivision 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
NOTE: This permit does not eliminate the need to obtain any additional state, federal or local permits,
approvals or authorizations that may be required.
2) The authorized development shall be carried out in compliance with the conditions of the Final Variance
Order issued by the Coastal Resources Commission on 5/21/09.
3) 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.
4) All conditions and stipulations of the active permit remain in force under this minor modification, unless
altered herein.

Permit Class
MODIFICATION/MINOR
(by CRC Variance)
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
Permit Number
91-96
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 letters (2) dated 7/8/08, including the
attached work plan drawing dated 4/14/09
This permit, issued on May 27.2009 is subject to compliance with the application (where consistent
with the permit), all applicable regulations, special conditions and notes set forth below. Any violation of these terms may
)e suo)ect to tines, imprisonment or civu action; or may cause me perm[[ to oe truu attu voru.
1) Unless specifically altered herein, this minor modification permit authorizes the following activities,
all as indicated on the attached workplan drawing:
a. The construction of a paved access road and turnaround to be used by the harbormaster and
emergency vehicles, and
b. The construction of five (5) 20' by 28' landing platforms, one each at the top of A Dock, B
Dock, C Dock, D Dock and E/F Dock.
Any additional land disturbing activities and/or construction may require a modification of this
permit. Contact a Division of Coastal Management representative at [phone] for this
determination.
(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.
�Jame . Gregson, Director
ivision 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
NOTE: This permit does not eliminate the need to obtain any additional state, federal or local permits,
approvals or authorizations that may be required.
2) The authorized development shall be carried out in compliance with the conditions of the Final Variance
Order issued by the Coastal Resources Commission on 5/21/09.
3) 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.
4) All conditions and stipulations of the active permit remain in force under this minor modification, unless
altered herein.

Permit Class
MODIFICATION/MINOR
(by CRC Variance)
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
Permit Number
91-96
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 letters (2) dated 7/8/08. including the
attached work plan drawing dated 4/14/09
This permit, issued on May 27, 2009 is subject to compliance with the application (where consistent
with the permit), all applicable regulations, special conditions and notes set forth below. Any violation of these terms may
)e subject to tines, imprisonment or ctvn action; or may cause me permit to oe nuu anu votu.
1) Unless specifically altered herein, this minor modification permit authorizes the following activities,
all as indicated on the attached workplan drawing.
a. The construction of a paved access road and turnaround to be used by the harbormaster and
emergency vehicles, and
b. The construction of five (5) 20' by 28' landing platforms, one each at the top of A Dock, B
Dock, C Dock, D Dock and E/F Dock.
Any additional land disturbing activities and/or construction may require a modification of this
permit. Contact a Division of Coastal Management representative at [phone] for this
determination.
(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
Signed by the authority of the Secretary of DENR and the
Chairman of the Coastal Resources Commission.
V L'�4'±
Jame 3. Gregson, Director
�ivision of Coastal Management
This permit and its conditions are hereby accepted.
In issuing this permit, the State of North Carolina agrees
that your project is consistent with the North Carolina Coastal
Management Program. Signature of Permittee

Bald Head Island Limited, LLC. Permit # 91-96
Page 2 of 2
ADDITIONAL CONDITIONS
NOTE: This permit does not eliminate the need to obtain any additional state, federal or local permits,
approvals or authorizations that may be required.
2) The authorized development shall be carried out in compliance with the conditions of the Final Variance
Order issued by the Coastal Resources Commission on 5/21/09.
3) 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.
4) All conditions and stipulations of the active permit remain in force under this minor modification, unless
altered herein.

L Permitee
Agents:
DCINI Field Offices
Elizabeth City
Morehead City
Washington
Wilmington (�
US ACOE Offices:
Washington:
Wilmington:
Cultural Resources:
Public Water Supply:
Marine Fisheries:
NC DOT:
Shellfish Sanitation
State Property:
Water Quality:
Washington:
Wilmington:
Wildlife Resources:
lL+ ILLNG DISTRIBtiTION SHEET
(with revised work plan drawings)
Raleigh Bland
Tracey Wheeler
William Westcott (NC DOT)
Bill Biddlecome (NC DOT)
Dave Timpy
Renee Gledhill -Early
Debra Benoy (WIRO)
Joey White (WARO)
Anne Deaton
Ken Pace
Patti Fowler
June Michaux
Cyndi Karoly (Raleigh)
John I lennessy (NC DOT)
Vivian Christy
Al Hodoc
Kyle Barnes
Joanne StCCnhniS — 401
Kelly Johnson - Storntwater
Maria Dunn (WARD)
Molly Ellwood (WIRO)
LPO:
Fax Distribution: jent
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4
NC®ENR
North Carolina Department of Environment and Natural Resources
Division of Coastal Management
Beverly Eaves Perdue James H. Gregson
Governor Director
May 28, 2009
Bald Head Island Limited, LLC
PO Box 3069
Bald Head Island NC 28461
Dear Sir or Madam:
Dee Freeman
Secretary
The enclosed permit constitutes authorization under the Coastal Area Management Act, and where applicable, the
State Dredge and Fill Law, for you to proceed with your project proposal. Please sign both the original (buff -colored
form) and the Xerox stamped "Copy". Return the copy to this office in the enclosed envelope. Signing the permit and
proceeding means you have waived your right of appeal described below. Please retain the original (buff -colored
form), as it must be available on site when the project is inspected for compliance.
If you object to the 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.
Douglas V. Huggett
Major Permits and Consistency Manager
Enclosure
400 Commerce Ave., Morehead City, NC 28557 NOfl nrtCaI011I1a
Phone: [phone]\ FAX: [phone] Internet: uirmmcoastalmanagement.net ���ppp Car li
An Equal OpporNniryl Affirmative Action Employer Nd a"b,

Beverly Eaves Perdue
Governor
iTMENR
North Carolina Department of Environment and Natural Resources
Division of Coastal Management
James H. Gregson f - %:, Dee Freeman
Lb
Mr. Bruce Marek
PO Box 3069
Bald Head Island, NC 28461
Dear Mr. Marek:
Director.; Secretary
'4 4h
May 28, 2009
" V , a*
a10i y �.
��Y�
This is with reference to your request to modify State Permit #91-96, which was issued to Bald Head
Island, Limited on June 3, 1996. The permit expires on 12/31/09. The action proposed in your submittal is to
realign several permitted structures, install a sign on high ground at the marina entrance channel, and to
construct additional wooden walkways and decks outside of the 30' buffer within Deep Point Marina,
adjacent to the Cape Fear River, in Southport, Brunswick County.
Upon reviewing the information provided, the Division of Coastal Management has determined that
the proposed action is consistent with existing State rules and regulations and is in keeping with the original
purpose and intent of the permit. This Letter of Refinement authorizes the modification of State Permit #91-
96, as described in your letter & Deep Point Marina Letter of Refinement drawing dated May 13, 2009 and
received May 14, 2009.
Please note this refinement does not alleviate the need to obtain any other state of federal permits.
By copy of this letter we are also notifying the U. S. Army Corps of Engineers of our action. If you have any
questions concerning the above or if I can be of any other assistance, please advise.
Ae
H., Everhart, PhD
District Manager
cc: Doug Huggett/Ted Tyndall, DCM
Dave Timpy, COE
Linda Lewis, DWQ
Wayne Strickland, LPO
Wilmington Files
127 Cardinal Drive Ext., Wilmington, NC 28405 One
Phone: [phone] \ FAX: 910,395-3964 Internet: www,nccoastalmanagement.net NorthCarolliina
An Eeuai Opportunity'%. A:fir..nabre Aefion Employer NatonQ"y

Bruce Marek, P.E.
P. O. Box 3069
Bald Head Island, NC 28461910-457-7517 fffppp ///�
May 14, 2009 411' ? lU0Y QVMs. Heather Coats oreheacY
NCDENR Division of Coastal Management C/0jD04
127 Cardinal Drive Extension
Wilmington, NC 28405
Re: CAMA Permit #91-96 Letter of Refinement Request: Deep Point Marina, Southport, NC
Marina Area Update: Includes update to Deep Point Marina development plan within the 75' Marina
AEC and request for wood decking and temporary wood walks outside of the 30' Marina Buffer plus a
Marina Entry Sign landward of MHW.
Dear Ms. Coats:
Included are five 24" x 36" color copies of drawing Deep Point Marina, Marina Area Update, dated 8,
sealed 5-13-09, for the Bald Head Island Limited, LLC owned Deep Point Marina. This drawing
incorporates the two recently approved variance requests of the harbormaster/emergency vehicle
access road and the five 20'x28' dock landings onto the marina area shown on the site plan along
with other previously approved development in the 75' marina AEC. In consultation with Ted Tyndall,
the marina entry sign that was eliminated from the variance request is now shown in a permitable
location landward of the mean high water line, north of the northern jetty and is part of this L.O.R.
request.
Also included is a request for wood decking within the AEC, outside of the 30' marina buffer,
associated with previously permitted buildings, as well as some temporary wood deck and walkways
outside of the buffer based on the Harbor Master Building construction being pushed to a future date.
12-1 1-08 Minor Mod drawing DPM-3 seal dated 10-1-08 included a 3-D rendering of the Harbor Master
Building/Pool. Its construction will be scheduled for a future "off-season" so as to lessen impact on the
busy summer month usage of the new main ferry terminal.
As you are aware, the marina area is only a small portion of the 76+ acre Deep Point site, which is
being developed in several phases. Permitted development not shown on this drawing should not be
construed as being abandoned. I did provide a recap near the upper right hand comer of the
drawing of all of the currently permitted site structures, indicating location with respect to the AEC and
30' marina buffer as well as construction status. (C= completed, UC = under Construction, F = Future).
These structures were culled from 13+ years of permit drawings, minor modifications and letters of
refinement. Also included is a list of the slip count from the 10-18-07 Minor Mod drawing DPM-2 seal
dated 9-26-07 drawing.
As an update drawing, to make things clearer to understand, permitted items that have remained or
basically remained unchanged are in black or gray line or gray shading; permitted items that have
slightly changed location or shape are shown in blue; the 75' marina AEC and 30' Marina buffer lines
are indicated in green; and the marina entrance sign and wood decks/temporary wood walks
outside of the 30' buffer are shown in red. I did break the wood decking down on the drawing as to
quantity per building, and inside or outside of the AEC. The wood decking areas is that shown outside
of the roof overhangs, which are typically 2' wide.
RECEIVED
MAY 15 2009
r AAA ne.. 4,40to4 A.b TT.Ao+.T AD a_i n_no DCM WILM'INGTON, N1P

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Itemized descriptions based on chart in lower right hand corner of the drawing and circled letter
designations throughout.
A. Slip Finger Shift. No change in slip size or slip count: A,B,C:tD Dock now start with a finger, then a
double slip, finger, double slip. The dock builder has indicated tHat this is the current trend. The 9-26-07
DPM-2 drawing showed docks starting with a single slip, then a timer, then a double slip, finger,
double slip. Main Docks are not affected. C.
B. Harbor Storage Sheds (4): 144 sq ft roof area each (100 sf building footprint) essory structures.
All are outside of the 30' buffer, but within the 75'AEC. LOR dated 3-30-09 allowed�ffing Shed B2 to
its current location near shed Bl . Bl & B2 are being utilized as the temporary harbor master office until
the Harbor Master/Pool Complex is built. They will then be used as the pool filter shed and for
harbormaster storage purposes. B3 is near the gazebo/pergola N, and B4 is near the "crofters"
Q 1 &Q2. An impervious entry pad of 40 sq ft is associated with each of these sheds.
C. Wood Dock Landings (5): Within the marina buffer, at the top of each of 5 ramps at A, B, C, D &
E/F. Per 4-29-09 Variance, landings are 20'x28'. A,B,C&D landings have been rotated 90 degrees
from Variance drawing DPM 4, 7-9-08, to minimize handicap ramp flat tie in to the landward side of B
& D dock. A & C, have similar orientation for consistent look along marina west wall. Dock landings
are sized to allow for raccoon proof garbage enclosures; dock cart storage; handicap turnaround; a
bike rack and/or a bench seat.
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, with D7 shown at the
maintenance finger. D8 is for future alignment at H-Dock.
E. Electrical Transformers/Junction Enclosures/pads (11) shown inside of 75' AEC. El thru E-11. Electrical
engineer/power company will decide final number/locations based on wiring path(s) available. Along
with transformers is the underground electrical wiring necessary to power the transformers, and all
service wiring. E1-E5 are located in the 30' Buffer. El-E4 are located for A-D Dock Power Panels. E5 is
for F-Dock Power Panels. E6-EI 1 are located outside of the 30' buffer, but within the 75, AEC. E6 is at
the southeast comer of the marina, south of the crofters. E7-E8 are above the retaining wall near the
southwest comer of the marina, for power for the mixed use building and elsewhere on site. E9 is an
existing transformer near ferry slips Gl /G2. El & El 1 are existing transformers near the barge hydraulic
pump house. Transformers outside of the AEC are not listed. DPM3 10-1-08 drawing only indicated 4
within the buffer plus 1 outside the buffer in the AEC, related to the slip power. This update includes all
transformers in the AEC.
F. Electrical Kiosks (8) Fl thru F8: for the electrical power panels, 7 of these marina dependent
backboards are shown within the 30' marina buffer with approx 48 sf roof area each. F8 is outside of
the 30' buffer, but within the 75' AEC. The stormwater permit includes 385 sf of electrical panel roofs.
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. Opposite side has the meter cabinet and functions as a
bulletin board.
G. Marina Holding Tank Pump Out Shore Side Tank: G1 is the pump station for the A -Dock (fuel dock)
holding tank pump out. G2 is pump station for the ferries in the marine maintenance area.
H. Pump Out Station: Hl is the dock component on A -Dock to shore side tank/pump Gl
I. Fish Cleaning Station (1): Aluminum or stainless steel, cantilevered from wood boardwalk, between
A -Dock & B-Dock along walkway.
LCEEVED
MAY 15 2009
0AAAA Dn.m4801_04 WA..:.,. A..o TT.A.,*. T nD Dum,o.i C_1 A_n0 7
DCM WILMINGTON, NC

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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. Access
floating dock/decking at end of slip A5 (approx 14'x22') is shown in case it is decided to build floating
dock for gazebo full width of slip A5-A6. We might not want to lose the larger slip length, so the extra
decking is still under discussion.
IL 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 shutoff 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 parking lot south of the harbormaster office, and are already in our CAMA Permit. Tank
location (item V) has shifted away from marina from previous drawings.
L Wood Stairs/Handicap Ramps: Ramp Ll is from the marina parking turnaround to B Dock; Stairs L2 is
to C Dock; and Ramp L3 is to D-Dock. The wood ramps are handicap compliant which requires ADA
landings max every 30', with a max 1 V:12H slope. Due to FEMA Flood Zone Regulations, the
Harbormaster Office (Finished Floor Elevation 12.0) is over 6' above the marina bulkhead cap.
M. Over -The -Water 16'xl6' Roofed Gazebo/B'xl7' Wood Plafform/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.
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 ft of roof (22'x24'+/-). Wood deck
size, including that covered by roof is 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, and used the roof area of the other to help create the
turnaround at the end of the emergency access road.
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 Pl-P3: Speckled areas on the drawing. 7500 sf is Stormwater Permitted
as "parking/impervious". 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 Ql & Q2, with some
of the area underneath the crofter decks. P1, shaded blue, is now configured as the 8' wide
emergency access road outside of the 30' buffer and adjacent sidewalk. Note that we are showing
B3, N, and wood decks U1 & U2 over P2, which may allow a future re -allocation of impervious surface.
Q. Crofters (2): These are outside of the 30' Marina buffer, but within the 75' Marina AEC. Q1 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
along/east of the E&F-dock. In order to help protect the wetland area, we propose a a sloppy
vee/6x6 post knee wall, with 3"xl0" horizontal cbp, all with ground contact treated lumber. We have
limited this "knee wall" to the areas outside of the 30' marina buffer, but may at a ftlillrpe l�li ieD
continue it along the 404 inside of the 30' buffer. IC C C y C
JUN 0 2 2009
MAY 15 2009
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S. Marina Sign: As per approximate location and detail on drawing. The six timber posts shown are
approximate. We may go to a single 30"+/- steel pipe pile for styling.
T. Paved 8' wide emergency access/harbor master road with turnaround. Per 4-29-09 CRC Variance.
U. Wood Decking inside of AEC,outside of 30' marina buffer at buildings: per recent requests on other
projects to show pervious wood decks. Quantifies do not reflect area under roof overhangs.
U1. At Future Harbor Master Building (Structure 7): 500 sf (plus 1000 sf outside of AEC)
U2. At Future Restaurant (Structure 8): 4000 sf (plus 3850 sf outside of AEC)
U3. At Future Mixed Use Building (Structure 10-12): 1200 sf (plus 1000 sf outside of AEC)
U4. At Harbormaster Sheds BI &B2 mostly temporary until harbor master building is built 500 sf (plus
30 sf outside of AEC)
V. Fuel Tanks: 8000 Gallons Gasoline, 12000 gallons Diesel Fuel: Underground tank location shifted
away from marina under northwest comer of marina parking lot (from previous location in turnaround
oval).
W. Concrete Crane Pad: Part of Marine Maintenance Building site. Truck mounted crane large
enough to lift engine(s) out of the 82' catamaran ferries through a soft patch in the pilothouse roof is a
minimum 8'x35' truck size. Stabilizing outriggers then protrude appx 12' from the truck sides. 32'x40'
concrete pad shown, utilizing part of driveway/parking area. Centered on the 12'x95' over water
maintenance pier. ( Wood Pier structure ties into crane pad as its entrance driveway.)
X. 6' Wide Wood Pedestrian Bridge over wetland with 20'x20'pavilion (or equivalent polygonal
shape)at each end. Outside of AEC
Y. Temporary 6' Wide Wood Walks until Harbor Master Building and Turnaround Oval are complete.
410 LF within AEC, outside of 30' buffer (plus 80 If outside of AEC)
Underground utilities, site lighting, fire standpipes, landscape irrigation components, etc. previously
approved in 12-11-08 Minor Mod as unlisted items are not shown.
If you have any questions and/or comments, please call me at 910-457-7517, 799-9245 or 228-2484.
Additionally, when the letter of refinement is completed, please have copies e-mailed or faxed to me
and to 910-457-7463 & 457-7220.
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
Ted Tyndall, Doug Huggett, Steve Everhart: CAMA
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STATE OF NORTH CAROLINA
DEPARTMENT OF JUSTICE
ROY COOPER
I Arl'ORNEyGENERAL P.O. REPLY
RnLetcfl,N 27 C 602 WARDZMMeaa[kN
EW[RONMENr.4L Drvis[ON
TEE- [phone]
F.tr:[phone]
vzim [e-mail]
MEMORANDUM
TO: Coastal Resources Commission
FROM: Ward Zimmerman, Assistant Attorney General
DATE: April 17, 2009 (for the April 29 CRC Meeting)
RE: Variance Request # 09-01 by Bald Head Island Limited, LLC
Petitioner proposes a paved marina access road in Southport, Brunswick County, North
Carolina. The proposed project includes the construction of an eight -foot wide paved access
road at Deep Point Marina in addition to five wooden landings at the dock entrances off of the
Cape Fear River. Petitioner's application was denied based on the proposed development's
inconsistency with the Coastal Resources Commission's (CRC) 30-foot buffer rule in 15A
NCAC 7H.0209(d)(10), and 15A NCAC 07H.0208(a)1 )
and a 2 B which state that uses
which are not water dependant shall not be permittedm coastal wetlands, estuarine waters and
public
1 trust areas" and that "fbjefore receiving approval for location of a use or development
in these AEC's, the permitting authority shall find that no suitable alternative site or location
outside of the AEC exists for the use or development." Petitioner seeks a variance from these
requirements.
The following additional information is attached to this memorandum:
Attachment A: Relevant Rules
Attachment B: Stipulated Facts
Attachment C: Petitioner's Position and Staffs Response to Criteria Attachment D: Petitioner's Variance Request and Other Exhibits
cc: George L. Fletcher, Attorney for Petitioner
Bntnswick County CAMA LPO
DCM Staff
Jennie Hauser, Special Deputy Attorney General

ATTACIELMENT A •
(Relevant Rules)
15A NCAC 0711.0208
(a) General Use Standards
(1) Uses which are not water dependent shall not be permitted in coastal wetlands,
estuarine waters, and public trust areas. Restaurants, residences, apartments,
motels, hotels, trailer parks, private roads, factories, and parking lots are examples
of uses that are not water dependent. Uses that are water dependent may include:
utility easements; docks; wharfs; boat ramps; dredging; bridges and bridge
approaches; revetments, bulkheads; culverts; groins; navigational aids; mooring
pilings; navigational channels; simple access channels and drainage ditches-
(2) Before being granted a permit by the CRC or local permitting authority, there
shall be a finding that the applicant has complied with the following standards:
(A) The location, design, and need for development, as well as the
construction activities involved shall be consistent with the stated
management objective.
(B) Before receiving approval for location of a use or development within
these AECs, the pemut-letting authority shall find that no suitable •
alternative site or location outside of the AEC exists for the use or
development and, further, that the applicant has selected a combination of
sites and design that will have a minimum adverse impact upon the
productivity and biologic integrity of coastal marshland, shellfish beds,
beds of submerged aquatic vegetation, spawning and nursery areas,
important nesting and wintering sites for waterfowl and wildlife, and
important natural erosion barriers (cypress fringes, marshes, clay soils).
15A NCAC 7H.0209
(d) Use Standards.
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 0714 .0208(a)(I ) of this Section;
i
Pile-supported signs (in accordance with local regulations);
t- or pile -supported fences; pedestrian use and six feet
ted, slatted, wooden boardwalks exclusively for p
th or less. The boardwalk may be greater than six feet in width if it is to
public use or need; •
2 of 14 CRC-VR-09-01

•
40
---OOPER
RNEY GENERAI,
r (���_-jj �3
*`�.14j9
STATE OF NORTH CAROLINA
DEPARTMENT OF JUSTICE
P.O. Box 629
RALEIGH, NC 27602
MEMORANDUM
REPLY TO:
WARD ZINIbIMIA"'
ENVIRONl1 ENTAL D MSION
TEL.- [phone]
Fxx: [phone]
wzimmemi=@ncdoj.gov
TO:
Coastal Resources Commission
FROM:
Ward Zimmerman, Assistant Attorney General
DATE:
April 17, 2009 (for the April 29 CRC Meeting)
RE:
Variance Request # 09-01 by Bald Head Island Limited, LLC.
Petitioner proposes a paved marina access road in Southport, Brunswick County, North
Carolina. The proposed project includes the construction of an eight -foot wide paved access
road at Deep Point Marina in addition to five wooden landings at the dock entrances off of the
Cape Fear River. Petitioner's application was denied based on the proposed development's
inconsistency with the Coastal Resources Commission's (CRC) 30-foot buffer rule in 15A
NCAC 7H.0209(d)(10), and 15A NCAC 07H.0208(a)(1) and (a)(2)(B) which state that "[u]ses
which are not water dependant shall not be permitted in coastal wetlands, estuarine waters and
public trust areas" and that "[b]efore receiving approval for location of a use or development
within these AFC's, the permitting authority shall find that no suitable alternative site or location
outside of the AEC exists for the use or development." Petitioner seeks a variance from these
requirements.
The following additional information is attached to this memorandum:
Attachment A: Relevant Rules
Attachment B: Stipulated Facts
Attachment C: Petitioner's Position and Staffs Response to Criteria
Attachment D: Petitioner's Variance Request and Other Exhibits
cc: George L. Fletcher, Attorney for Petitioner
Brunswick County CAMA LPO
DCM Staff
Jennie Hauser, Special Deputy Attorney General

15A NCAC 07H.0208
(a) General Use Standards
(1)
(2)
ATTACHMENT A
(Relevant Rules)
Uses which are not water dependent shall not be permitted in coastal wetlands,
estuarine waters, and public trust areas. Restaurants, residences, apartments,
motels, hotels, trailer parks, private roads, factories, and parking lots are examp.
of uses that are not water dependent. Uses that are water dependent may include:
utility easements; docks; wharfs; boat ramps; dredging; bridges and bridge
approaches; revetments, bulkheads; culverts; groins; navigational aids; mooring
pilings; navigational channels; simple access channels and drainage ditches.
Before being granted a permit by the CRC or local permitting authority, there
shall be a finding that the applicant has complied with the following standards:
(A) The location, design, and need for development, as well as the
construction activities involved shall be consistent with the stated
management objective.
(B) 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 and, further, that the applicant has selected a combination of
sites and design that will have a minimum adverse impact upon the
productivity and biologic integrity of coastal marshland, shellfish beds,
beds of submerged aquatic vegetation, spawning and nursery areas,
important nesting and wintering sites for waterfowl and wildlife, and
important natural erosion barriers (cypress fringes, marshes, clay soils).
Y 15A NCAC 7H.0209
A Use Standards.
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 this Section;
(B) Pile -supported signs (in accordance with local regulations);
(C)_ .Dust- or pile -supported fences;
(D) Elevated, slatted, wooden boardwalks exclusively for pedestrian use and six feet
in width or less.' The boardwalk may be greater than six feet in width if it is to
need;
2of14
CRC-VR-09-01
•
•

(E)
Crab Shedders, if uncovered with elevated trays and no associated impervious
surfaces except those necessary to protect the pump;
(F)
Decks/Observation Decks limited to slatted, wooden, elevated and unroofed decks
that shall not singularly or collectively exceed 200 square feet;
(G)
Grading, excavation and landscaping with no wetland fill except when required
by a permitted shoreline stabilization project. Projects shall not increase
stormwater runoff to adjacent estuarine and public trust waters;
(H)
Development over existing impervious surfaces, provided that the existing
impervious surface is not increased and the applicant designs the project to
comply with the intent of the rules to the maximum extent feasible;
(I)
Where application of the buffer requirement would preclude placement of a
residential structure with a footprint of 1,200 square feet or less on lots, parcels
and tracts platted prior to June 1, 1999, development may be permitted within the
buffer as required in Subparagraph (d)(10) of this Rule, providing the following
criteria are met:
(i) Development shall minimize the impacts to the buffer and reduce runoff
by limiting land disturbance to only so much as is necessary to construct
and provide access to the residence and to allow installation or connection
of utilities such as water and sewer; and
(ii)T The residential structure development shall be located a distance landward
of the normal high water or normal water level equal to 20 percent of the
greatest depth of the lot. Existing structures that encroach into the
applicable buffer area may be replaced or repairedconsistent with the
1
criteria set out in Rules .0201 and .0211 in Subchapter 07J of this Chapter;
and
(J)
Where application of the buffer requirement set out in 15A NCAC 07H
.0209(d)(10) would preclude placement of a residential structure on an
undeveloped lot platted prior to June 1, 1999 that are 5,000 square feet or less that
does not require an on -site septic system, or on an undeveloped lot that is 7,500
square feet or less that requires an on -site septic system, development may be
permitted within the buffer if all the following criteria are met:
(i) The lot on which the proposed residential structure is to be located, is
located between:
(I) Two existing waterfront residential structures, both of which are
within 100 feet of the center of the lot and at least one of which
encroaches into the buffer; or
(II) An existing waterfront residential structure that encroaches into the
buffer and a road, canal, or other open body of water, both of
which are within 100 feet of the center of the lot;
(ii) Development of the lot shall minimize the impacts to the buffer and
reduce runoff by limiting land disturbance to only so much as is necessary
to construct and provide access to the residence and to allow installation or
connection of utilities;
(iii) Placement of the residential structure and pervious decking may be
aligned no further into the buffer than the existing residential structures
and existing pervious decking on adjoining lots;
3 of 14 CRC-VR-09-01

(iv) The first one and one-half inches of rainfall from all impervious surfaces
on the lot shall be collected and contained on -site in accordance with the
design standards for stormwater management for coastal counties as
specified in 15A NCAC 02H .1005. The stormwater management system
shall be designed by an individual who meets applicable State
occupational licensing requirements for the type of system proposed and
approved during the permit application process. If the residential structure
encroaches into the buffer, then no other impervious surfaces will be
allowed within the buffer; and
(v) The lots must not be adjacent to waters designated as approved or
conditionally approved shellfish waters by the Shellfish Sanitation Section
of the Division of Environmental Health of the Department of
Environment and Natural Resources.
4 of 14 CRC-VR-09-01

ATTACHMENT B
(Stipulated Facts)
Bald Head Island Limited, LLC (Limited) has been the owner and developer of Bald
Head Island since 1984. Bald Head Island was originally comprised of approximately
12,000 acres of land and estuarine marsh. The actual development on the Island consists
of approximately 2,000 acres with the balance having been donated to the state of North
Carolina for conservation purposes.
2. Plans call for a total of approximately 2,000 dwelling structures when Island build -out is
completed; with the vast majority of those structures being single family and cluster
single family homes.
3. In addition to visits by homeowners Bald Head Island receives thousands of annual
visitors who rent vacation accommodations, visit the Old Baldy Lighthouse and
participate in the programs of the Bald Head Island Conservancy. All of those
individuals are transported through the existing Indigo Plantation Marina; however, these
operations will be transferred to the Deep Point Marina in early summer of 2009. The
entire Deep Point project totals seventy eight acres and will accommodate parking for
3,000 vehicles. According to records maintained by Limited in excess of 300,000 annual
passenger trips are taken on ferries operated by the applicant.
4. With the exception of limited access by private boat, all persons, supplies, and materials
are delivered to Bald Head Island by passenger ferries owned and operated by Limited; or
barge service provided by Limited. The ferry is the principal means of evacuation for
persons involved in medical emergencies. Passenger ferry operations are regulated by
the North Carolina Utilities Commission.
The property immediately at issue is nine acres on which has been developed the Deep
Point Marina. This development has taken place under the authority of CAMA Major
Permit Number 91-96, issued on June 3, 1996. The marina bulkhead and entrance
channel were completed in 2000. Since this completion, barge service and
contractor/employee ferry operations have taken place from Deep Point. Ferry
passengers currently utilize an existing covered landing dock and related walkways.
6. Limited is nearing completion of its new Deep Point passenger terminal, a multi -level
40,000 square foot structure authorized under Permit 91-96. Much bf the design and
ultimate function of the terminal was dictated by the requirements of the Transportation
Safety Administration in the areas of passenger, baggage and staging security.
Deep Point passenger operations will primarily utilize Limited's two eighty-two foot
passenger catamaran ferries. When placed in service at total capacity these vessels will
have US Coast Guard K-boat certification enabling them to carry 230 passengers per trip.
Currently these vessels are certified to carry 149 passengers per trip.
5 of 14 CRC-VR-09-01

8. Limited is currently completing development of an 80 slip marina within a large portion
of the Deep Point marina basin. The entire marina, including ferry and other commercial
operations, will accommodate 100 slips. There is a jetty wall on the south shore.
9. The items sought through this present variance request pertain only to the recreational
marina located generally southwest of the marina entrance and south jetty wall.
10. Pursuant to requests dated July 8, 2008 Limited initially sought:
(a) a minor modification of Permit 91-96 to allow it to construct an eight -foot wide paved
access surface approximately 12 feet waterward of the normal water level within the
thirty foot normal high water line, approximately a quarter mile in length, and
approximately six -feet landward of the permitted six-foot wooden walkway that
surrounds the recreational marina now under development. This was also to include a
single 28 by 28 ft. paved turn -around area.
(b) a minor modification of Permit 91-96 to allow it to construct five (5) 20 by 28 ft.
landings (platforms) at the tops of the ramps, within 30 feet of the normal water level,
that allow access to the five floating pier or dock structures within the recreational
marina, identified as Docks A, B, C, D, and E/F.
(c) a minor modification of Permit 91-96 to allow construction of a Deep Point Marina
entrance sign out in the water as depicted on drawing DPM-5.
11. Pursuant to a letter dated August 28, 2008, the Division of Coastal Management denied
the request for minor permit modification to allow the construction of the paved access
surface and the tum-around area finding that it was to be located within the 30-foot
Coastal Shoreline buffer inconsistent with 15A NCAC 07H.0209(d) (10); and also denied
the request for minor permit modification to allow construction of five 20 by 28 ft.
wooden landings or platforms at the tops of the dock access ramps within the 30-foot
Coastal Shoreline buffer, based on a determination that the total square footage of the
five structures was 2,800 square feet and thus in excess of the 200 feet allowed under
15A NCAC 07H.0209 (d)(10).
12. Pursuant to a letter dated December 5, 2008, DCM denied the request for a minor permit
modification to allow placement of marina signage in the Public Trust Areas and
Estuarine Waters Areas of Environmental Concern, due to three main reasons: the sign
was considered a non -water dependent structure; a feasible high ground alternative
location existed; and the proposed project was inconsistent with 15A NCAC
07H.0208(a)(1) and 15A NCAC 07H.0208(a)(2)(b). During the course of the review of
the in -water sign request, the U.S. Army Corps of Engineers indicated that they did not
object to the proposed project.
13. Limited has now voluntarily withdrawn its original request for a variance for the
placement of proposed marina signage in the Public Trust Areas and Estuarine Waters
Areas of Environmental Concern.
6 of 14 CRC-VR-09-01

r
14. The paved surface (road) requested by applicant runs from the Harbormaster's Office
around the recreational marina to the entrance channel bulkhead a total distance of one -
quarter of a mile.
15. Each of the five landings or platforms requested at the tops of the dock access ramps
measures 20 by 28 ft. or 560 square feet, for a total area of 2,800 square feet.
16. The five landings or platforms requested will serve the six docks (A through F) and the
number of slips (individual boat or vessel moorings) shown adjacent to the following
dock designation:
A Dock
6 slips
B Dock
17 slips
C Dock
19 slips
D Dock
11 slips
E/F Dock
27 slips (total)
These existing docks have been used since 2000.
47. The Deep Point marina was originally sited and permitted in 1996, at which point in time the thirty foot buffer did not exist. Marina site clearing and excavation began in 1997
and 1998.
18. Under DCM Form MP-3 and the original CAMA Permit the Applicant's Deep Point
marina development has an allowed impervious surface coverage within the 75 foot AEC
of 112,900 square feet. The south and west sides of the marina were depicted as 100%
impervious coverage within 30 feet of the marina.
19. Permit No. 91-96 was modified on December 11, 2008, to remove approximately 9,200
square feet of impervious area from the buffer that was authorized in the original osP 6'
proposal. f4--y"
VJ
20. The access road surface and marina landings, if included in impervious coverage, will
S
constitute a total of approximately 91,000 square feet impervious coverage at the site in
question. The proposed road detail calls for a cross -slope road surface which diverts
rainfall away from the marina. NPDES Phase II Stormwater Rules focus on a 1 '/2 inch
storm event. In the case of an 8 foot wide road this amounts to a 1 cubic foot of rain
water per foot of road. The rock base plus asphalt pavement will place the road surface at
approximately 5 inches above normal grade. A 2 foot wide area of flat ground with a 3
horizontal to 1 vertical foot side slope to the road is sufficient to hold the I cubic foot of
water, but it would infiltrate into the ground more quickly than it could build up. The
area around the marina is of a porous sandy nature and has a low density stormwater
permit (SW8-071004) which does not require additional treatment. Applicant also plans
a 3 foot buffer between the marina bulkhead and the 6 foot perimeter boardwalk, planted
with native grasses and wildflowers.
7 of 14 CRC-VR-09-01

21. Applicant's marina site was originally permitted for 22 acres of clear cut parking sheet
with drainage to a wet pond; as constructed the site will utilize a number of treed
infiltration basins.
22. Applicant's marina site was originally to employ septic service for handling wastewater,
but now has sewer lines in place with treatment by wastewater treatment plant.
8 of 14 CRC-VR-09-01

ATTACHMENT C
(Petitioner's Position and Staff s Response to Criteria)
I. Will strict application of the applicable development rules, standards, or orders
issued by the Commission cause the petitioner unnecessary hardships? If so, the
petitioner must identify the hardships.
Petitioners' Position: Yes.
Petitioner contends that the application of the cited rules constitutes an unnecessary
hardship because the rules do not appear to address facts and characteristics inherent to this
property and project. The rules are directed at individual piers, docks and related structures such
as are customarily built on residential lots or smaller tracts. This quite naturally might lead to
hardship in cases such as the one that is the subject of this request, involving a 100 slip facility.
The thirty foot high water set back became effective after the marina was designed and
initially permitted in 1996. The original design for the marina was largely driven by the
characteristics of the property, and these are the characteristics which CAMA took into account
when issuing the permit. The T wide paved surface is meant as a safety/access road surrounding
the recreational portion of the marina running from the Harbormaster's Office to the northeast
end of the marina (F-Dock) at the entrance channel bulkhead. The distance from the
Harbormaster's Office to this point is approximately one quarter of a mile. One of the principal
purposes of this surface is to allow access for fire and other emergency vehicles; including
equipment that would be employed in order to contain a fuel or hazmat spill.
In addition, the first CAMA permit for the Deep Point site that was issued before the
marina was constructed tasked Limited to assure adequate trash pickup to keep the waters of the
marina clean. Petitioners' plans call for the Harbormaster to use electric golf carts or similar
vehicles for daily trash pickups. Servicing numerous trash receptacles that surround the marina
as well as garbage generated by recreational use is better accomplished by these means, which in
turn serves the original intent at the time of permitting, as well as preventing degradation of the
adjacent waters and land within the AEC.
At the time the marina was originally sited/permitted in 1996, there was not an issue with
placing the minimal width paved surface between the adjacent wetland and the marina bulkhead.
The property has not changed; nor has the concept for the marina. The paved access surface will
facilitate a limited and defined use that will occur behind a substantial bulkhead within the
marina confines. When one considers that this use is being made in the interest of safety and the
environmental objectives upon which CAMA is in part premised, Petitioners submit that it
becomes the reasonable use for the property and to do otherwise becomes a hardship per se.
Petitioners also suggest that the 200 square foot dock landing limitation is more
appropriate for an individual residential dock and landing constructed on an individual lot. Deep
Point Marina is both a commercial and recreational 100 slip marina. There are five docks
servicing six to seventeen slips served by each of the proposed wooden landings. Petitioners
contend that if the rule is applied as currently cited, only 40 square feet is allowed for each
9 of 14 CRC-VR-09-01

landing. Handicap turn around space (5' diameter circle) alone requires 20 square feet of clear
space at the top of each ramp.
By way of further illustration, if one allocates the total decks and landings square footage
requested by Petitioners among all the boat slips, the area allocable to each slip is well below the
regulatory limitation. Eighty individual piers or docks would arguably qualify for a total of
16,000 square feet of deck or landing space. However, these five landings will occupy only
3,000 square feet, or less than 40 square feet per each boat accommodated, well below the 200
square foot total contained in the rule. It is only in the aggregate that an issue arises; but no
provision is made in the rule for this circumstance. Petitioners believe that a marina such as this,
permitted, constructed and operated under a total use of the property, becomes reasonable
because more citizens can make use of the coastal environment via a facility that has less total
impact upon the AEC. Since strict application of the rule will not allow for this result, it can
only be reasonably concluded that an unnecessary hardship exists by virtue of the application of
the rule.
Staffs Position: Yes.
Staff agrees with Petitioner that the application of the cited rules constitutes an
unnecessary hardship in this situation. The 100-slip marina was permitted in 1996 prior to
adoption of the "30-foot buffer rule" for 100% impervious area along both the south and west
sides of the marina basin that was dug out of high ground. Although the permit was amended to
reduce this impervious percentage in late 2008, staff believes that the applicant does make a
good case that the original project design allowed for flexibility in the modifications of
imperviousness for which strict application of the 30' buffer does not now allow. Staff believes
that the petitioner has made a sound argument for the need to provide safe and useable access for
both fire and emergency vehicles at this marina that functions as a transportation corridor for all
of Bald Head Island, as well as the need to provide safe handicap accessible turnaround spaces at
the top of each off-loading ramp.
II. Do such hardships result from conditions peculiar to the petitioner's property, such
as location, size, or topography of the property? Explain.
Petitioners' Position: Yes.
Deep Point Marina is situated along the Cape Fear River/Intracoastal Waterway, at the
north end of Southport, adjacent to the NC Southport -Fort Fisher State Ferry Site at the end of
NC Route 21 l/Ferry Road. The 78 acre site was purchased in 1996 in order to provide sufficient
parking capacity for future build out of Bald Head Island and to accommodate the corresponding
demands for passenger ferry and barge operations. The marina basin was sited with much
feedback from CAMA, and the entrance channel was shifted based on CAMA recommendations.
The final siting was within approximately 25' of the east wall of the marina. Petitioners recall
that at the time the 30' buffer restrictions were not in place.
The Deep Point Marina Passenger Ferry Terminal has undergone much thought and
planning as to staging passenger and baggage drop-off and pick-up. The Bald Head Island Ferry
10 of 14 CRC-VR-09-01

is now and will likely continue to be the largest passenger carrying operation in the state,
conducting the most frequent passenger runs between destinations. The ferries are currently
certified to carry 149 passengers and when the Deep Point facility is completed will be certified
under US Coast Guard K-Boat requirements for the carriage of up to 230 passengers. As a
consequence of this the property design and marina operation were driven by the need for a
sizeable passenger ferry terminal, the design of which was independently influenced by
Transportation Safety Administration and US Coast requirements.
While ferry operations do not directly necessitate this variance request, the needs and
requirements of the Ferry Terminal were of prime importance in shaping the whole site. The
recreational portion of the marina is located mostly on the southern end of the marina, instead of
being wrapped around the whole marina as would usually be the case. Petitioners believe that
the 80 boat slips at issue require sufficient access for safety vehicles and equipment; and that the
decks and landings as requested are reasonable given this property and project.
Petitioners assert that it is thus the comprehensive character of the marina with the
incorporated recreational component that constitutes conditions peculiar to the property which in
turn cause the hardship under the rules as currently applied.
Staffs Position: Yes.
Although staff does not believe that Petitioner's property where the marina is located is
any more peculiar than most upland basins, staff does agree with Petitioner, that the fact that the
marina basin was sited and permitted with guidance and direct feedback from the Division in
1996 to ensure protection of water quality and estuarine resource habitat, yet met the needs of the
applicant in providing for an island community. As the Petitioner stated, the marina project site
is one of the largest if not the largest passenger carrying operations in the state. Staff also agrees
that the size of the mainland -based passenger ferry terminal operation incorporating a
recreational component does create conditions within the basin itself that could be considered
peculiar to the property thus causing the hardship.
III. Do the hardships result from the actions taken by the Petitioner? Explain.
Petitioners' Position: No.
Petitioners note that with regard to the paved access to the marina slips, the marina permit
was issued in 1996, before the 30' "buffer rule" was in existence. Although there have been
numerous minor permit modifications through the years, the basic design, size and siting of the
marina is the same as initially approved in 1996. It is the previously approved characteristics of
design and siting that apparently have come into question under the current rules application,
which in turn creates hardship. It is impossible to shift the marina, and the space constraints due
to the 404 wetland were not an issue when the marina was constructed.
The Deep Point Marina is a comprehensive development providing for passenger ferry,
cargo and recreational boater usage, constructed pursuant to an equally comprehensive matrix of
permits and approvals. The design and engineering was determined by the characteristics of the
11 of 14 CRC-VR-09-01

site and best reasonable usage. Petitioners submit that the deck and landing limitation was
misapplied to this set of facts in that it does not address the attributes of a large marina. As
Petitioners have previously set forth above, if this issue is approached from the standpoint of
allocation of the total deck and landing area among the number of slips served, the total square
footage is well below that which would be permitted for this number of pier or dock users.
Staffs Position: No.
Staff agrees with the Petitioner that the hardships essentially result in the application of
the 30' buffer rule being applied to a project that was designed, permitted, and constructed in
1996, years before the buffer rule came into effect. Staff does, however, point out that the
project changes and permit modification request is an action taken by the Petitioner.
Staff believes that the original 1996 permit allowed more flexibility in the Petitioner's
ability to modify the permit in regard to the percentage imperviousness. It should be noted that
much of the proposal could have been permitted if the applicant had not requested a modification
of the permit in 2008 to remove the impervious area from the buffer along the east and south
sides of the basin within the buffer. A point in fact is that 15A NCAC 07H.0209 (d)(10)(H)
allows for redevelopment over existing impervious surfaces (in this case, permitted but not
constricted), provided that the impervious surface is not increased and the applicant designs the
project to comply with the intent of the rules to the maximum extent feasible. The buffer rile, by
design, has limited flexibility with only 10 specific exceptions to the rule.
IV. Will the variance requested by the petitioner: (1) be consistent with the spirit,
purpose, and intent of the rules, standards or orders issued by the Commission; (2)
secure the public safety and welfare; and (3) preserve substantial justice? Explain.
Petitioners' Position: Yes.
Petitioners contend that the primary purpose of the requested paved access surface is to
provide access for fire and emergency vehicles and transportation of equipment in the event of
an emergency. In order to accomplish this purpose the surface must access all marina slips and
run to the channel entrance bulkhead. These vehicles are heavy and are not particularly suited
for travel on the sand based surface of the marina site generally. Petitioners submit that these
concerns for safety are entirely consistent with the applicable rules, the underlying intent, and
justice.
The size (square footage) of the wood dock landings is based on the placement of items
that are necessary for a safe and modern marina including life rings and lines, site lighting, bike
racks, dock carts and suitable garbage receptacles. There is also a concern for ample space to
accommodate handicap access. In addition, the total area of deck or landing space will be
substantially less than would be allowable in the case of individual or smaller strictures serving
the same number of boaters. The minor changes sought pursuant to Petitioners' variance request
will have no conceivable adverse impact on water quality or the surrounding estuarine areas. In
fact, to the extent that they facilitate better trash containment and collection, they will prevent
degradation of the surrounding waters.
12 of 14 CRC-VR-09-01

Petitioners assert that the changes requested will not expand the usage of the permitted
area or enlarge the development. They will, however, improve the use and enjoyment of this
facility by members of the public; a facility which in and of itself will provide significant
recreational access to these waters and surrounding coastal environments. Most importantly, the
changes will contribute to improved safety for those using the marina.
Staffs Position: Yes.
Staff believes that the applicant has tried to meet the spirit, purpose, and intent of the
rules with the design of the road around the marina basin. The Petitioner has proposed an
engineered -designed road that diverts rainfall away from the marina and one that creates a 2'
wide area of flat ground with a 3 horizontal to 1 vertical side slope to the road sufficient to hold 1
cubic foot of water and infiltrate into the ground. The road project is designed to handle a 100-
year 24-hour storm event. In addition, it should be noted the applicant has already installed a
main parking area that requires sheet flow to a wet pond and will utilize a number of treed
infiltration basins to protect water quality runoff from the site.
In regard to the five platforms, the engineer has stated that the natural sands of the site are
capable of infiltrating water at a rate of 20 inches per hour. Staff believes that this is sufficient to
meet the spirit, purpose, and intent of the buffer rule around this high ground marina basin.
Staff agrees that granting this variance would secure the public's safety and welfare by
not only protecting the public's resources through an innovative stormwater design, but by
providing safe and reliable access to the facility and the island itself.
Granting the variance would also allow the Petitioner to proceed with the overall basic
design for the high ground marina basin that was originally designed and permitted in 1996. The
permit originally authorized two sides of the marina basin buffer to be completely impervious.
Allowing for the construction of the platforms and the road with an associated innovative design
to address water quality runoff would preserve substantial justice.
13 of 14 CRC-VR-09-01

ATTACHMENT D
(Petitioner's Variance Request and Other Exhibits)
14 of 14 CRC-VR-09-01

DCM FORM 11 CAMA VARIANCE REQUEST DCM FILE NO. 91-96
(revised 6/26/06) (; "'
RECE' D
Petitioner supplies the following information:
N.C. P: C l'URNE-' Gy iez°nF;L
Your Name Bald Head Island Limited, LLC (Bruce Marek, P.E., Agent) Environmental DIvILicn
Address P.O. Box 3069
Telephone [phone]
Fax and/or Email 910-457-7463 [e-mail]
Name of Your Attorney (if applicable) George L. Fletcher Fletcher, Ray & Satterfield, LLP
Address 131 Racine Drive Suite 201 Wilmington, NC 28403
Telephone [phone]
Fax and/or Email 910-251-9667 gfletch(affletcherlaw.com
Have you received a decision from the Division of Coastal Management (DCM) or a Local
Permit Officer denying your application for a CAMA permit?
no (You are not entitled to request a variance until your permit, application
has been denied.)
X_ yes (You may proceed with a request for a variance.)
What did you seek a permit to do?
1. To have an 8-foot wide paved access road with a turnaround for emergency vehicles and
harbormaster access to the end of the Deep Point Marina, within the 30' marina buffer.
Drawing DPM-6
2. To have five 20'x 28' wooden landings (platforms), one each at the tops of the ramps
leading to A, B, C, D & F Docks of the recreational portion of the 100 slip marina. This
size is requested to allow for space for "raccoon proof' garbage receptacles, dock cart
storage, ring buoy storage, a bike rack, and proper space for handicap turnaround without
encroaching on the continuous flow of pedestrian traffic on the already approved parallel
to bulkhead 6' wood walkway. Drawing DPM-4
3. To have an 8' x 20' V-shaped marina entrance sign, north of the Deep Point Manna
entrance channel, in the waters of the Cape Fear River, landward of a line between the
end of the ADM Pier and the Deep Point Jetty (waterward) end. Drawing DPM-5

What Coastal Resources Commission rule(s) prohibit this type of development?
1. 15A NCAC 07H.0209(d)(10) (A) Private Roads that are non -water dependent within 30 of
normal high water;
2. 15A NCAC 07H.0209(d)10) (F) Decks/Observation Decks limited to slatted, wooden,
elevated, and unroofed decks that shall not singularly or collectively exceed 200 square feet.
3. 15A NCAC 07H.0208(a)(1) "Uses which are not water dependent shall not be permitted in
coastal wetlands, estuarine waters and public trust areas" and 15 NCAC 07H.0208(a)(2)(b)
"Before receiving approval for location of a use or development within these AFC's, the permit -
letting authority shall find that no suitable alternative site or location outside of the AEC Exists
for the use or development,"
Can you redesign your proposed development to comply with this rule? no_ If your answer
is no, explain why you cannot redesign to comply with the rule.
Actually this is best expressed as a qualified "no" when viewed in context. The marina is home
to the Bald Head Island Passenger Ferries and the tug/barge service to the island. Limited is
already well into development and construction of the recreational marina; and some passenger
(contractor) operations have been operating out of Deep Point since 2001. The barge service to
the island has been operating out of the marina entrance channel berth since 2000, and prior to
that was operating off the beach -head on the site since 1996. This has been accomplished
pursuant to the original permit and a number of renewals and minor modifications occurring
since 1996. We believe that the best, most reasonable and safest use of the marina, including the
recreational portion of the marina, can be accomplished pursuant to the designs and structures
sought by this variance request. We also believe that the rules should not be strictly applied in
this instance because of the unique characteristics of this property and indeed all large marinas.
As discussed infra., we contend that the spirit of CAMA and its rules and regulations is fully
served by this request.
Can you obtain a permit for a portion of what you wish to do? __yes_ If so, please state what
the permit would allow.
A number of what the applicant has identified as Marina Necessities/Accessories have already
been approved. And, as stated the general marina permit has been issued since 1996, However
the three matters at issue under this request have been denied by DCM rulings. In this instance
we believe that the access surface, size of decks and landings, and signage location are important
stand alone issues; although integral to overall design and marina operations.

State with specificity what you are NOT allowed to do as a result of the denial of your permit
application. It will be assumed that you can make full use of your property, except for the uses
that are prohibited as a result of the denial of your permit application.
1. We will not have safe access for emergency vehicles along the major docks.
2. The top of ramp dock landings will be undersized for safe usage of the marina.
3. Place the marina entrance sign in a location that is visible from both the north and south
approaches from the Cape Fear River to the marina, considering the visual obstructions
from the ADM fixed pier and the entrance to the adjacent NC State Ferry landing at
Prices Creek.
RESPOND TO THE FOUR STATUTORY VARIANCE CRITERIA:
I. Identify the hardship(s) you will experience if you are not granted a variance and explain
why you contend that the application of this rule to your property constitutes an
unnecessary hardship. [The North Carolina Court of Appeals has ruled that this factor
depends upon the unique nature of the property rather than the personal situation of the
landowner. It has also ruled that financial impact alone is not sufficient to establish
unnecessary hardship, although it is a factor to be considered. The most important
consideration is whether you can make reasonable use of your property if the variance is
not granted. [Williams v. NCDENR, DCM, and CRC,144 N.C. App. 479,548 S.E.2d 793
(2001).]
In general we believe that application of the cited rules constitutes an unnecessary
hardship because the rules do not appear to address facts and characteristics inherent to
this property and project, or for that matter any sizeable commercial/recreational marina.
The rules, although thoughtfully drafted, are directed at individual piers, docks and
related structures such as are customarily built on residential lots or smaller tracts. This
quite naturally might lead to hardship in cases such as the one that is the subject of this
request involving a 100 slip facility.
The thirty foot high water set back became effective after the marina was designed and
initially permitted in 1996. The original design for the marina was largely driven by the
characteristics of the property, and these are the characteristics which CAMA took into
account when issuing the permit. The 8' wide paved surface is meant as a safety/access
road surrounding the recreational portion of the marina running from the Harbormaster's
Office to the northeast end of the marina (F-Dock) at the entrance channel bulkhead. The
distance from the Harbormaster's Office to this point is approximately one quarter of a
mile. One of the principal purposes of this surface is to allow access for fire and other
emergency vehicles; including equipment that would be employed in order to contain a
fuel or hazmat spill.
In addition, the first CAMA permit for the Deep Point site issued before the marina was
constructed tasked Limited to assure adequate trash pickup to keep the waters of the
marina clean. Our plans call for the Harbormaster to use electric golf carts or similar

vehicles for daily trash pickups. Servicing the numerous trash receptacles that surround
the marina as well as garbage generated by recreational use is better accomplished by this
means, which in turn serves the original intent at the time of permitting, as well as
preventing degradation of the adjacent waters and land within the AEC.
At the time the marina was originally sited/permitted in 1996 there was not an issue with
placing the minimal width paved surface between the adjacent wetland and the marina
bulkhead. The property has not changed; nor has the concept for the marina. The paved
access surface will facilitate a limited and defined use that will occur behind a substantial
bulkhead within the marina confines. When one considers that this use is being made in
the interest of safety and the environmental objectives upon which CAMA is in part
premised, we submit that it does become the reasonable use for the property and to do
otherwise becomes a hardship per se.
Continuing in this regard we suggest that the 200 sq ft dock landing limitation is more
appropriate for an individual residential dock and landing constructed on an individual
lot. Deep Point Marina is both a commercial and recreational 100 slip marina. There are
five docks servicing six to seventeen slips served by each of the proposed wooden
landings. If the rule is applied as currently cited only 40 sq ft is allowed for each landing.
Handicap turn around space (5' diameter circle) alone requires 20 sq ft of clear space at
the top of each ramp.
By way of further illustration, if one allocates the total decks and landings square footage
herein requested among all the boat slips the area allocable to each slip is well below the
regulatory limitation. Eighty individual piers or docks would arguably qualify for a total
of 16,000 square feet of deck or landing space. However, these five landings will occupy
only 3,000 square feet, or less than 40 square feet per each boat accommodated, well
below the 200 square foot total contained in the rule. It is only in the aggregate that an
issue arises; but no provision is made in the rule for this circumstance.
We believe that a marina such as this, permitted, constructed and operated under a
comprehensive plan better accomplishes the regulatory intent of CAMA. The applicant's
total use of the property becomes reasonable in fact because more citizens can make use
of the coastal environment via a facility that has less total impact upon the AEC. Since
strict application of the rule will not allow this result, it can only be reasonably concluded
that an unnecessary hardship exists by virtue of the application of the rule.
Turning to our request with regard to the location of marina signage, we believe that a
variance is justified because the current ruling of the DCM fails to take into account the
unique circumstances that arise at this project and property, which it turn produces an
unnecessary hardship. Approaching the marina property from the northeast boaters
traveling the Cape Fear River/ICW encounter the lengthy Archer Daniels Midlands
(ADM) pier, Price's Creek (the inlet on which the terminal for the Southport -Fort Fisher
Ferry is located) and then Limited's Deep Point Marina within a distance of 3000 feet.
Approaching from the southwest, the Deep Point Marina, Price's Creek and the ADM
pier are still prominent navigational features; and below the Deep Point Marina are a

number of lengthy private piers and small inlets.
Even using charts, GPS and Plotters, which many recreational boaters carry today, the
features near the property can be confusing. This possibility is all the more likely at
night or during reduced visibility because all of these features are marked by the standard
red and green lighted markers. The ADM facility is purely commercial and handles
larger sea going vessels. The car ferries that operate in and out of Price's Creek are
sizeable and have little room to maneuver in that inlet. We believe that placement of the
Deep Point Marina sign as requested will reduce the likelihood of confusion when
identifying the marina entrance from among all these features. This in turn will help
avoid potential safety issues if pleasure boaters were to encounter commercial vessels
because of a mistake in locating the marina entrance.
With safety and the avoidance of confusion being the primary concerns we seek to
address via this request, we suggest that placement of the sign as requested becomes, in
part, the reasonable use of the property. We also note that the Army Corps of Engineers
does not object to this request.
II. Describe the conditions that are peculiar to your property (such as location, size, and
topography), and cause your hardship.
Deep.Point Marina is situated along the Cape Fear River/Intracoastal Waterway, at -the
north end of Southport, adjacent to'the NC Southport -Fort Fisher State Ferry Site at the
end of NC Route 211/Ferry Road. The 78 acre site was purchased in 1996 in order to
provide sufficient parking capacity for future build out of Bald Head Island and to
accommodate the corresponding demands for passenger ferry and barge operations. The
marina basin was sited with much feedback from CAMA, and the entrance channel was
shifted based on CAMA recommendations. The final siting was within approximately
25' of the east wall of the marina. We recall that at the time the 30' buffer restrictions
were not in place.
The Deep Point Marina Passenger Ferry Terminal has undergone much thought and
planning as to staging passenger and baggage drop-off and pick-up. The Bald Head
Island Ferry is now and will likely continue to be the largest passenger carrying operation
in the state, conducting the most frequent passenger runs between destinations. The
ferries are currently certified to carry 149 passengers and when the Deep Point facility is
completed will be certified under US Coast Guard K-Boat requirements for the carriage
of up to 230 passengers. As a consequence of this the property design and marina
operation were driven by the need for a sizeable passenger ferry terminal, the design of
which was independently influenced by Transportation Safety Administration and US
Coast Guard requirements.
While ferry operations do not directly necessitate this variance request, the needs and
requirements of the Ferry Terminal were of prime importance in shaping the whole site.
The recreational portion of the marina is located mostly on the southern end of the

marina, instead of being wrapped around the whole marina as would usually be the case.
We believe that the 80 boat slips at issue require sufficient access for safety vehicles and
equipment; and that the decks and landings as requested are reasonable given this
property and project. The location of the property, adjacent to the Southport -Fort Fisher
ferry operation and ADM pier, and other existing piers and small inlets, is a condition
peculiar to the Deep Point Marina that creates the hardship from the signage prospective.
It is thus the comprehensive character this marina with the incorporated recreational
component that constitutes conditions peculiar to the property which in turn cause the
hardship under the rules as currently applied.
III. Explain why your hardship does not result from actions that you have taken.
With regard to the paved access to the marina slips we note that when the marina permit
was issued in 1996 the 30' "buffer rule" was not in existence. Although there have been
numerous minor permit modifications through the years the basic design, size and siting
of the marina is the same as initially approved in 1996. It is the previously approved
characteristics of design and siting that apparently have come into question under the
current rules application, which in turn creates the hardship. It is impossible to shift the
marina, and the space constraints due to the 404 wetland were not an issue when the
manna was constructed.
The Deep Point Manna is a comprehensive development providing for passenger ferry,
cargo and recreational boater usage, constructed pursuant to an equally comprehensive
matrix of permits and approvals. The design and engineering was determined by the
characteristics of the site and best reasonable usage. We submit that the deck and .
landing limitation was misapplied to this set of facts in that it does not address the
attributes of a large marina. As we have shown supra, if this issue is approached from
the standpoint of allocation of the total deck and landing area among the number of slips
served the total square footage is well below that which would be permitted for this
number of pier or dock users.
In the case of our request regarding the location of the marina signage we note that these
concerns arise because of the influences on this property from substantial neighboring
commercial. and public transportation operations, matters that are completely separate
from actions taken by the applicant.
IV. Explain why the granting of the variance you seek will be consistent with the spirit,
purpose, and intent of the CRC's rules, standards, or orders; preserve substantial justice;
and secure public safety.
The primary purpose of the requested paved access surface is to provide access for fire
and emergency vehicles and transportation of equipment in the event of an emergency. In
order to accomplish this purpose the surface must access all marina slips and run to the

channel entrance bulkhead. These vehicles are heavy and are not particularly suited for
travel on the sand based surface of the marina site generally. We submit that these
concerns for safety are entirely consistent with the applicable rules, the underlying intent,
and justice.
The size (square footage) of the wood dock landings is based on the placement of items
that are necessary for a safe and modem manna including life rings and lines, site
lighting, bike racks, dock carts and suitable garbage receptacles. There is also a concern
for ample space to accommodate handicap access. In addition, the total area of deck or
landing space will be substantially less than would be allowable in the case of individual
or smaller structures serving the same number of boaters. The minor changes sought
pursuant to this variance request will have no conceivable adverse impact on water
quality or the surrounding estuarine areas. In fact, to the extent that they facilitate better
trash containment and collection they will prevent degradation of the surrounding waters.
With regard to location of the marina signage we submit that our request falls largely in
the realm of concern for public safety as it seeks to avoid confusion and potential
encounters between commercial and private vessels/boaters. In addition, within the letter
and spirit of the applicable rules mooring pilings and pilings used for navigational aids
would likely be permitted; we believe that this use is similar in application.
The changes requested will not expand the usage of the permitted area or enlarge the i
development. They will, however, improve the use and enjoyment of this facility by
members of the public; a facility which in and of itself will provide significant
recreational access to these waters and surrounding coastal environments. Most
importantly the changes will contribute to improved safety for those using the marina. _
Please attach copies of the following:
Permit Application and Denial documents
Site Drawing with Survey and Topographical Information
Any letters filed with DCM or the LPO commenting on or objecting to your project
Provide a numbered list of all true facts that you are relying upon in your explanation as to why
you meet the four criteria for a variance. Please list the variance criterion, ex. unnecessary
hardship, and then list the relevant facts under each criterion. [The DCM attorney will also
propose facts and will attempt to verify your proposed facts. Together you will arrive at a set of
facts that both parties agree upon. Those facts will be the only facts that the Commission will
consider in determining whether to grant your variance request.]
Attach all documents you wish the Commission to consider in ruling upon your variance request.

[The DCM attorney will also propose documents and discuss with you whether he or she agrees
with the documents you propose. Together you will arrive at a set of documents that both parties
agree upon. Those documents will be the only documents that the Commission will consider in
determining whether to grant Your variance request.]
Please see the attached list of Attachments and Exhibits.
Pursuant to N.C.G.S. 113A-120.1 and 15A NCAC 7J .0700, the undersigned hereby requests a
variance.
Date: /3, 2009 Signature: �-c76 y�
This variance request must be f led with the Director, Division of Coastal Management, and the
Attorney General's Office, Environmental Division, at the addresses shown on the attached
Certificate of Serviceform.

CERTIFICATE OF SERVICE
I hereby certify that this Variance Request has been served on the State agencies named
below by United States Mail, by personal delivery, UPS or Fed -Ex to the following:
Original served on: Director
Division of Coastal Management
400 Commerce Avenue
Morehead City, NC 28557
copy: Attorney General's Office
Environmental Division
9001 Mail Service Center
Raleigh, NC 27699-9001
This the _13th day of _January2009.
Signat&e of Petitioner or Attorney

(road).
In Re: Variance Request of Bald Head Island Limited LLC
Attachments and Exhibits
1. Minor Permit Modification Request dated July 8, 2008 re: Access surface
2. Minor Permit Modification Request dated July 8, 2008 re: deck and landings.
3. Minor Permit Modification Request dated July 8, 2008 re: Location of marina
signage.
4. Division of Coastal Management (DCM) letter dated August 28, 2008 denying
modification request re: access road and square footage of decks and landings.
5. DCM letter dated December 5, 2008 denying modification request re: location
of marina signage.
6. Original DENR/CRC Permit No. 91-96
7. Deep Point Marina drawing dated October 1, 2008 showing approved
structures-DPM 3 with submittal letter.
8. Deep Point Marina drawing dated January 21, 2008 depicting the requested
variance items per revision three submission to DCM (DPM-3a) with submittal letter.
9. Deep Point Marina drawing dated July 8, 2008 depicting decks/landings as
requested and illustrative photos-DPM 4.
10. Deep Point Marina drawing dated July 8, 2008 depicting marina signage as
requested and illustrative photos-DPM 5.
DPM 6.
11. Deep Point Marina drawing dated July 8, 2008 depicting paved surface area-
12. Deep Point Marina Overall Site Plan.
13. Aerial depicting Deep Point Marina and nearby features including ADM Plant
pier facility and State Ferry Terminal for Southport -Fort Fisher Ferry.
14. Digitized depiction of Bald Head Island ferries moored at Deep Point
Passenger Terminal.
15. Review of Deep Point Permit history (2 pages).

16. Two pages of photos depicting areas in the vicinity of the proposed sign
location.
17. Three pages of photos depicting construction and development at the Deep
Point Marina generally.
18. Original Site Plan for "Pfizer Tract"
19. DCM Form MP-3 dated October 16, 1995
20. Cover Letter of Submittal dated October 16, 1995
21. Original CAMA Permit No. 91-96
22. Applicant's combined marina plat dated April 14, 2009
2

Bruce Marek, P.E.
P. O. Box 3067
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 DWO 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 "sheets" 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 Harbormoster 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 Marino 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'locaifon 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„Entramag,Sign) also being submitted
today to be scheduled for the same dote. Thanking you in cL4q*..." Lion to this matter.
Respectfully,
Bruce Morek, 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-
� •.FNGINfctiQ�.� �F-:�

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-&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 (Bold 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 polya� b'for, attention to this matter.
Sty C:�I3p` .,
Respectfully, OP FESelaNy�9 '-
fQ C -•.
SEAT_ f��
Bruce Marek, P.E. - 15684
For Bald Head Island Limited, LLC Planning Dept.
cc: Jim Henry, Director, BHI Planning & Development
M. Kent Mitchell, CEO, Bald Head Island Limited LLC :.... •ppP
1

Bruce Marek, P.E.
P. O. Box 3069
Said 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 #91-76 Minor Modification Request: Deep Point Marina, Southport, NC
Drawing DPMS 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 fine 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 to 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 fhe
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 Aac
today to be scheduled for the some date. Thanking you in ad rd
{ Rttt�nJ!on to this matter. a54 Road) also being submitted
Respectfully, :' OP•"Essr'' - �ti';
Bruce Marek, P.E.
For Bald Head Island Limited, LLC Planning Dept.
cc: Jim Henry, DUector, BHI Planning & Development
M. Kent Mitchell, CEO, Bald Head Bland Limited LLC
SEAL z�y O�
= 15684 � b

AR;R r39M y $ iJPM�
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 NIAM
RMJRN 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. MamL-
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 LAMA Major Permit Number 9I-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 waterline.
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 shoreZ1neAECs), 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 dependenr uses as
described in Rule 07H.0208(a)(J) 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 28567

Bald Head Island Limited, LLC
August 28, 2008
Page 2
b) 15A NCAC 07H.0209(d)(10), which states "thin the Coastal Shorelines
category (estuarine and public trust shoreline AECs), new development shall be
located a distance of 30 fees 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 bearing 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,
4 IM Greg'sooa 6
cc: Colonel Jefferson Ryscavage — U.S. Aimy Corps of Engineers, Wilmington, NC
David Kennedy, Director— OCRMINOAA, 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. F", 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 (CAMA). 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
enhance channel. This minor modification request was received by the Division of Coastal
Managements Wilmington regional office on July 9,12008. 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 e f with the following rules oNhoastal Resources Commission:
a) ISA NCAC 07H.0208(axl), 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 ofa 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 2859
Phone: [phone] FAX: [phone] Intemet: wtwv.nccoastalmanagementnet
MEqual Oppodwity1AfflrmatvekgmEmployer-5014Reiy Wl10%Post ComumaPaper

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. 11is 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,
Rateigb, 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 avaBableto 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,
on
J 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

pe..nit C, Jass
NEW
Permit Number
91-96
STATE OF NORTH CAROLINA
Department of Envimrmkerl: Health & Natural Resources
and•'
Coastal'1Fescurces Commission
tt
X Major Developmentin•am' i@aofEnviivnmentalConcern
pursuanttoNCGS 11'3A'-II$ : ,
X Excavation and/or filling pursuant to NCGS 113-229
as requested inthe permittee's application dated 10/16M incl. aft wnrlrnlan drawings
site plan dated rev, 2115/96 &sbeets 4 7 &11-13 of 13 for bi ikhl Pad & jreU detail dated rec. 11/1 195
This permit, issued on al' 3`'_' 1 ="° is subject to compliance with the application (where consistent
with the permit), all applicable regulations, special conditions and notes set forth below. Any violation of these terms may
be subject to a fine, imprisonment or civil action; ormay cause the permit to be null and void.
EXCAVat10n
1) In order to protect juvenile fish and other estuarine resources, excavation of the entrance channel
in the River may not take place between February 1 and July 31 of any year without prior
approval of the Division of Coastal Management in consultation with the Division of Marine
Fisheries.
2) An earthen plug will be -loft between the inland basin and the Cape Fear River until excavation
landward of the plug has been completed. To prevent sedimentation in adjacent waters, 24 hours
will be allowed to elapse before the plug is removed.
(See attached sheet for Additional Conditions)
This permiCaction may be appealed by the perminee or
other quali5ed persons within twenty (20) days of the
issuing date. An appeal requires resolution prior to work
initiation or continuance, as the case may be.
This permit must be accessible on -site to Department
PC when the project is inspected for compliance.
Any maintenance work or project modification not
covered hereunderrequires furtherDepanmentd approval.
All work must cease when the permit expires on
December 31,1999
In issuing this permit, the State of North Carolina agrees
your project is consistent with the North Carolina
- cral manaaam~ pmaram
Signed by the authority of the Secretary ofDEHNR and the
Chairman of the Coastal Resources Commission.
Roger N. cter,Direetor,
Division of -Coastal Management
This permit and its conditions are hereby accepted,

Bald Head Island, Limited
ADDITIONAL CONDITIONS
Permit #91-96
Page 2 of 6
3) All excavated materials will be confined landward of the mean high water (MHW) elevation
contour within adequate dikes or other retaining structures to prevent the spillover of solids into
any vegetated wetlands or surrounding waters.
4) The terminal end of the pipeline from the dredge into the diked retention area will be positioned
at or greater than 50 feet from any part of the dike and a maximum distance from spillways to
prevent dike erosion and to allow adequate settlement of suspended solids.
5) A water control structure will be installed at the intake end of the effluent pipe leading from the
retention area to ensure maximum settlement of suspended solids.
6) ' Plow from the diked retention area will be confined by pipe, trough, or similar device to a point
at or below the mean low water (MLW) elevation contour to prevent gully erosion and siltation.
7) No excavated or fill materials will be placed any time in any vegetated wetlands or waters.
8) No vegetated wetlands will be filled.
9) Excavation will not exceed ten (I0) feet below the elevation ofinean low water (MLW).
10) The temporary placement or double handling of excavated or till materials within waters or
vegetated wetlands is' not'authorized.'
11) All bulkheads will be positioned in strict accordance with permit plans,
12) (a) The Division of Environmental Management issued Water Quality Certification Nos.
3025 and 2668 for this project on May 29, 1996. Any violation of that Certification will
be considered a violation of this permit.
(b) All project activity M11 be conducted in a way that prevents a significant increase in
turbidity outside the area of construction or construction -related discharge. Increases
such that the turbidity in the waterbody is 25 NfUs or less are not considered significant.
f

Bald Bead Island, Limited
ADDITIONAL CONDITIONS
Permit #91-96
Page 3 of 6
13) The Division of Environmental Management issued Stormwater Management Permit No. 951012
on April 24, 1996. Any violation of this SW Permit will he considered a violation of this CAMA
permit.
NOTE: The permittee is encouraged to provide a buffer between all upland development and
adjacent wetlands. A 30-50 buffer is recommended.
NOTE: An Erosion and Sedimentation Control Plan will be required for this project. This plan
must be filed at least thirty (30) days prior to the beginning of any land disturbing
activity. Submit this plan to the Department of Environment, Health and Natural
Resources, Land Quality Section, 127 Cardinal Drive Extension, Wilmington, NC 28405-
3845,
Archaeological Resources
14) Prior to initiation of ground -disturbing construction activities in the immediate vicinity of
archaeological sites 31BW564** and 31BW571, an archaeological assessment (site testing) will
be conducted to evaluate if the sites are eligible for listing in the National Register of Historic
Places.
15) If either site 31B W564** or 3 IBW571 is determined eligible for listing in the National Register
of Historic Places, and if the sites will be adversely affected by proposed construction activities,
a detailedimpact mitigation plan will be developed and executed.
16) All archaeological investigations will be conducted under the direction of an experienced
archaeologist. Upon completion of the site testing and evaluation process, a written report will
be submitted to the N. C. Division of Archives and History. Any mitigation plans developed for
the site must be approved by the Division of Archives and History prior to implementation.
17) Prior to jetty construction or other structural installation in the River, an Easement is required
from the State Property Office, Department of Administration (telephone: 919n33-4346).
NOTE: The proposed entrance connection and work adjacent the highway right-of-way should be
coordinated through the local DOT District office in Wilmington, and the Ferry Division.
NOTE: Spoil areas can breed mosquitoes. Therefore, Bald Head Island mosquito control or the
Division of Environmental Health should be consulted to help prevent creating mosquito
breeding habitat.

Bald Head Island, Limited
ADDITIONAL CONDITIONS
Endangered Species Protection
Permit #91-96
Page 4 of 6
19) The permittee will ensure that the following construction guidelines are followed to avoid impacts
to the Federally endangered West Indian Manatee (frichechus manatus):
(a) The permittee will instruct all personnel associated with the project of the potential presence
Of manatees and the need to avoid collisions with manatees.
(b) The permittee will advise all construction personnel that there are civil and criminal penalties
for harming, harassing or killing manatees which are protected under the Marine Mammal
Protection Act of 1972 and the Endangered Species Act of 1973. The permittee and any
contractor may be held responsible for any manatee harmed, harassed or killed as a result of
construction activity.
(c) Siltation barriers will be properly secured and made of material in which manatees cannot
become entangled. The barriers will be regularly monitored to avoid manatee entrapment.
Barriers must not block manatee entry or exit from essential habitat.
(d) All vessels associated with the project will operate at "no wakelidle" speeds at all times -
while in water where the draft of the vessel provides less than four feet clearance from the
bottom. Vessels will follow routes of deep water whenever possible.
(e) If manatees are seen within 100 yards of the dredging area, all appropriate precautions will
be impleiriei8ed'to' 6nsuie'piofection ofthe manatees: Theie'pi;Eciub6xi'w1lf include
operating all equipment in such a mamrer that moving equipment does not come any closer
than 50 feet of any manatee. If a manatee comes within 50 feet of an operating piece of
equipment, or vice versa, the equipment will immediately.be shut down
(f) Any collision with or injury to, a manatee will be reported immediately to:
Mr. Robert 0. Turner
Manatee Coordinator
6620 Southport Drive, South
Suite 330
Jacksonirille, Florida 32216-09I2
[phone]
(g) The permittee will maintain a log detailing sighting, collisions or injuries to manatees should
they occur during the construction period. Following project completion, a report
summarizing incidents and sightings will be submitted to Mr. Robert O. Turner.

Bald Head Island, Limited
Permit #91-96
Page 5 of 6
19) The marina entrance channel jetties shall be permanently lighted. Such lights and signals shall be
in keeping with U. S. Coast Guard specifications and regulations. Lights shall be installed at the
expense of the permtittee.
20) The permittee shall provide for the life of the project fuel and waste spillage protection around the
marine maintenance site to protect surface waters in the event of a spill.
21) This permit does not authorize the interference with any existing or proposed Federal project. The
permittee will not be entitled to compensation for damage or injury to the authorized structure or
work that may be caused from existing or future operations undertaken by the United States in the
public interest.
22) No attempt will be made by the permittee to prevent the full and free use by the public of all
navigable waters at or adjacent to the authorized work Use of the permitted activity must not
interfere with -the public's right to free navigation on all navigable waters of the United States,
23) The permittee will maintain the authorized work in good condition and in concordance with the
terns and conditions ofthis permit. The permittee is not relieved of this requirement if he abandons
the permitted activity without having the permit transferred to a third party.
24)' Prior to occupancy of any new slips authorized under this pehhit� the'p6iiiitt6e will-perinancntly
equip the marina with a pumpout facility to service boats with holding tanks.
25) The marina shall prominently post and enforce a no sewage discharge policy at the entrance and exit
from the main pier.
26) No sewage,- whether treated or untreated, shall be discharged at any time from boats using the
marina. Any sewage discharge at the dock facility shall be considered a violation of this permit for
which the permittee is responsible. This prohibition shall be applied and enforced throughout the
entire existence of the permitted structure.
27) Marina operation rules detailing safety and clean boat handling practices will be posted.
2:g)a'it"rl�aslf'cePtacles; .sufficient in ntiurbers; Lo provide easy access and capacity will be installed at thee;
`iiai�ia giioto�ocoupanc"y',

Bald Head Island, Limited
ADDITITIONAL CONDITIONS
Permit #91-96
Page 6 of 6 -
29) This permit authorizes only the docks, pies and other structures and uses located in or over the water
that are expessly and specifically set forth in the permit application. No other structures, whether
floating or stationary, may become a permanent part of this marina without permit modification. No
non -water dependent uses of structures may be conducted on, in, or over public trust waters without
permit modification.
NOTE: The petmittee is reminded that any additional work not depicted on the attached plats
involving basic subdivision infra -structure, marina amenities, including dock design and
channel markers, will require a modification of this permit. Should a question arise as to
the requirement for further authorization, do not hesitate to contact the Division of Coastal
.Management.
NOTE: The permittee is reminded of the need to maintain a suitable spoil disposal site at the
project for future channel and basin maintenance.

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 Necessities & 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 I 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 Ared
Stormwaier Permit #SW8-071004 for your reference. If 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 Stormwoter permitted 526
sq it 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 permtt and other minor modifications are so indicated.
The benefit of being involved in the design/engineering of 3 marinas for the some client, Bold 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 drawling(s) 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 ff roof area each (100 sf building footprint) accessory
structures. All are now outside of the 30' buffer, but within the 75'AEC. B1 is between the harbormaster
office and the fuel dock (A -Dock). B2 & 63 are near the gazebo/pergola N, and B4 is near the
"crofters" Ql &Q2. An impervious entry pad of 40 sq it is associated with each of these sheds.
CAMA Permit #91-96 Marina Necessities/Amenities Minor Modification Request Rev 8 I0-1-08

C. Wood Dock Landings (51: Within fhe 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 amours 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 port of the marina and designated D-1 thru D-6, and two are shown at the ferry
maintenance dock. I always assumed romps 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 (5J 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 storrnwater permit includes
385 sf of electrical panel roofs. We do not know yet if A -Dock will require I 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 lank 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): L1 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 of a 1 V:12H 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'x17' 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.
CAMA Permit #91-96 Marina Necessities/Amenities Minor Modification Request Rev 8 10-1-08 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 Pl-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 croffer 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 cop, 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 listed 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 of 910-457-7517, 799-9245 gr,2P '2484,.,,Additionally, when the minor
mod is completed, please have copies a mailed or faxed tFT1b, 0(9�1y57-7463 & 457-7220.
�O,�FESSipN9 y9 %;
Respectfully,SEAL
e4
Bruce Marek, P.E. Q _.FN
For Bald Head Island Limited, LLC Planning Dept. Q CiNE•.
CC.' Jim Henry, Director, BHI Planning & Development
M. Kent Mitchell, CEO, Bald Head Island Limited LLC
CAMA Permit #91-96 Marina Necessities/Amenities Minor Modification Request Rev 8 10-1-08 3

Bruce Marek, P.E.
P. O. Box 3069
Bald Head Island, NC 28461
910-457-7517
January 21; 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 Necessities & Amenities per Drawing DPM-3 Rev 1.21-08 Includes Typical Marina
Necessities/Ammenities within the 30' Marina Buffer and/or 75' Marina AEC. Acceptance of new SW8-
071004 Deep Point Marina Basin Low Density Stormwater Permit for impervious surfaces of the above
items.
Dear Ms. Coats:
Enclosed, please find five 24" x 36" copies of drawing DPM-3 Rev 3 dated & sealed 1-21-08, for the
Bald Head Island Limited, LLC owned Deep Point Marina. I have previously also submitted; copies of
State Stormwater Permit SW8-071004 with drawing dated & sealed 10-3-07 and DWQ approved 10-16-
07. Note that my first submittal for the Necessities & Amenities drawing was submitted July 9, 2007.
This latest revision incorporates your & Doug Huggett's recent comments. I have moved the 4
proposed harbormaster sheds (8) out of the 30' marina buffer. I have also totally removed the
Pergola/ Gazebo(D2) that was in the marina buffer near the north end of F-Dock. I have per our
discussions added three over the. water 16'x16' roofed gazebos (with storage benches) as a place to
escape rain/sun at both ends of F-Dock (01 & 02), and at the D-Dock to E-Dock landing (03). One
Pergola/Gazebo (DI) remains outside of the 30' buffer, but within the 75' AEC.
My 2/25/2000 and 7/9/07 Deep Point Marina and Slip layout drawings, 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 approval for these numerous items in one minor modification. On drawing DPM-
3, items that are already CAMA permitted based on the original permit and other minor modifications
are shown in gray. The area for the Deep Pointy Marina Low Density Stormwater permit SW8-071006 is
shaded in yellow. The already permitted 6' wood walkway is shown in brown, but the plotted brown
came out very dark. We have used a blue roof for the crofters, sheds and electrical (roofed) kiosks.
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 marine
dependent necessities that need to be built at a first class marina. There may be some slight juggling
of locations as the marina design evolves, but DPM-3 and the following lists are pretty well all-inclusive.
I did do an enlarged detail of our proposed wood landings at the top of the various dock ramps. I
have also included pictures of our typical dock carts (58"x32") and our raccoon -proof trash can
enclosures (37"x36" ). Architectural Graphic Standards indicates a 5' manuevering area behind the
back of a bike in a bike rack. Typical one person adult bikes are 5'-6" long. Thus, approximate 10'-6"
x 8'-0"of space is needed for a 4-5 bike rack. I hope these details explain better the need for our
requested wood landing sizes. Note that the travel path of the previously approved 6' wood walkway
runs through the landing area.
Below is a list of letter designated items. Designations start with Letter A
CAMA Permit #91-96 Marina Necessities Minor Modification Request Rev 1-21-08

A. Crofters(2) These are outside of the 30' Marina buffer, but within the 75' Marina AEC. Al has a
stormwater permitted 510 sf roofed area and A2 has 600 sf roofed area. Crofters are Bald Head Island
style small buildings on piles with bedroom(s) or office space above a break -away walled garage.
Part of possible storage scheme for the restaurant. With wood balconies, decks & stairs, footprint for
each is approximately 800 sf. Included in the stormwater streets/parking allotment is a 20' x 20'
parking pad. (One shed B1 is now shown at this location)
8. Harbormoster Storage Sheds (4): 12'xl2' max roof area each (100 sf building footprint) accessory
structures. All are now outside of the 30' buffer, but within the 75'AEC. 81 is near the crofters. B2 & B3
are near the pergola/gazebo, and the fourth will be near the harbor master building. An impervious
entry pad of approximate 40 sq ft is associated with each of these sheds.
C. Electrical Kiosks (9): for the marina power panels, these panel backboards are roughly 4'-5'x8'-10'
roof area, depending on the associated dock slips and power requirements. These are labeled Cl-
C10: C9 is existing near the ferry slip position G1. Stormwater permit is for 385 sf of roof. There is an
additional 752 sf of miscellaneous "other" impervious if needed.
D. Pergolas/Gazebo similar to the pictured pergola/gazebo from Bald Head Island Marina along
Keelson Row near the Sailing Clubhouse. D1 is outside of the Marina Buffer but inside of the 75' Marina
AEC, near the restaurant. It is approximately 20' x 42', with roof area of 20'x20'. Stormwater permit is
for two such pergola/gazebos at 526 sf of impervious each = 1052 sf.
E. Electrical Transformers/Junction (6) Enclosures/pads 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 panel kiosks. Along with transformers is the
underground electrical siring necessary to power the transformers, and all service wiring. Stormwater
permit is -for 64 sf of transformer pads. There is an additional 752 sf of miscellaneous "other" impervious
if needed.
F. Fish Cleaning Station: With wood decking. Permit Request: 1, between A -Dock & B-Dock.
G. Marina Holding Tank Pump -Out Stations: (2) One at A -Dock (fuel dock), and one for the ferries.
The pump out for the ferries is already included in a prior minor mod for the site. It will most likely be
near slip G4, but possibly at slip G1. At A -dock, G1 indicates the pump out station portion on the fuel
dock, and G2 is indicating the landside tank/pump component.
H. Dockmaster/Fuel Sales Office: (1) At A-Dock/Fuel Dock end in slip A6. Approx 14' x 20' building,
18' x 24' with overhangs. Picture shown is for similar structure at nearby Southport Marina. Fuel Sales
office helps by having attendant at the pumps for busy summer season. Closely attended pumps is a
plus for fuel spill prevention, and turnaround time is quicker/safer for the booting public. Spill
prevention maierialsand fuel system monitors would be included in the dockmaster/fuel sales office H.
We will seek a variance for this item if not approvable as drawn.
J. J-Dock. A 250' x 8' wide dock along the north side of the southern marina entrance bulkhead.
Bald Head Island Limited annually hosts one or two sailing regattas, and there is often a lack of slip
space for the out of town trailerable and small crane launchable boats such as J-24's, Melges 24's
and Ranger 22's. Likewise, in summer, this dock can be used by locals coming to the Marina
Restaurant. During Spring and Fall, this provides us with transient overnight space for larger yachts
awaiting a weather window. This 250' dock could berth 10 small boats or 2-3 megayachts. We are
asking for 10 slip positions to be added for this "new" J-Dock. Additionally, one new slip x 50' is
created at position F21 due to the geometry/location of J-Dock. We are thus asking for the addition
of 11 slips to our existing 100 slip marina slip count for a total of 111 slips.
K. Fuel dispensers and hose reels are indicated on the fuel dock (A -Dock). There will be an isolation/
transfer box somewhere 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
CAMA Permit ##91-96 Marina Necessities Minor Modification Request Rev 1-21-08

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. Modification request is for
entire fuel system, tanks, monitor system, fuel lines, isolation/transfer boxes, dispensers and hose reels.
Tanks themselves were also shown on a prior minor mod.
L. Grill pad. Brick Pavers. One shown near north end of F-dock, outside of 30' marina buffer, inside of
75' AEC. Approximate 90 sf pavers. Approx 350 sf of woad deck w/wood bench seats and/or picnic
tables. The impervious pad will be subtracted out of the 752 sf of miscellaneous "other" impervious.
M. Marina Entrance Sign (1 Double Sided) 10'x20' solar lighted. An example is shown on the drawing
of the Southport Marina sign. Similar level of information for Deep Point's accommodations and
contact information. Shown north of the east end of the north jetty. Not sure if this is a CAMA
jurisdictional item, or other reviewing agency.
N. Wood Handicap Ramps 6' wide, Nl from A -Dock Landing to the Harbormaster Office and N2 from
the D-Dock Landing to the Harbormaster/Retail Store area. Due to FEMA Flood Zone Regulations, the
Harbormaster Office and Retail Store are on a plateau approximately 6' above the marina bulkhead
cap. Plateau is created b a 4' high +/- retaining wall at 30' off of the bulkhead cop, just outside the
marin buffer_ With a 1:12 grade of the soil coming off of the bulkhead to the waterside of the ramp 24'
off of the wall, the ramps required vertical rise is approximately 4'. Maximum 1:12 slope, plus 6' flat
landings every 32' of run are required. Wood decks outside of the marina buffer but inside the 75' AEC
are shown at N1 & N2.
O. Three over the water 16'x16' roofed gazebos (with storage benches) as a place to escape rain/sun
at both ends of F-Dock (01 & 02), and at the D-Dock to E-Dock landing (03). Gazebo 01 is
approximately'/. mile from the Harbor Master Building. Similar metal roof as pergola/gazebo DI, but
with some sort of ornamental top.
Below are the non -labeled Hems that may or may not need to be mentioned in the minor
modification. They are so closely related to the marina usage that they seem obviously automatically
included, but I don't want to miss anything. I mention them though for you to include on the minor
modification if you feel it is necessary.
1. Land -side landings 7 landings/8 ramps for the recreational portion of the marina, and 2 landings/4
ramps for the ferry side of the marina. These are wood decking, and incorporate bulletin boards, bike
racks, dock dolly storage, a life ring & fire extinguisher, garbage cans, etc. 20.'x28' landings are shown
at A,B,C & D docks, with 12' x 20' landings at the other positions. We feel that these are appropriate
sizes for safe access to the boating related activities of this marina. Over water gazebos 01-03 will be
incorporated into the Landing/Ramp design.
2. Telephone, Cable TV & DSL service lines & junction boxes, Sewer Lines. Location of lines: inside of
the 30' marina buffer, outside of the tieback deadmen, which are approximately 20' off the marina
wall.
3. Installation of a 6" water/fire main with hydrants and/or fire standpipes. North Carolina building
code has adopted NFPA 303 Fire Code, with which we need to comply as appropriate.
4. Site Lighting: Not sure if we will stick with the hangman's post type lighting poles, lighthouse topped
bollard lighting and/or 8x8 wood post bollard lighting that are on the island or come up with a new
style, but we will have a need for site lighting. Don't know if you care. Locations, tbd.
S. Please note that there is a 404 wetland indicated approximately 25' to 30' east of much of the 450
If of the F-dock bulkhead. This constrains our useful area along this side. I anticipate some sort of
wood bench/fence/wall type protection to keep people out of the 404. No definitive design has yet
been proposed.
CAMA Permit 491-96 Marina Necessities Minor Modification Request Rev 1-21-08 3

6. Impervious Parking & Pool Deck outside of the 30' Marina Buffer. Speckled Yellow area on the
drawing. 1500 sf is Stormwater Permitted for the Pool Deck, and 7500 sf is permitted for Parking. Pool
Deck is within the 75' AEC, and the parking is mostly within the 75' AEC.
7. Last, we request acceptance of the proposed 7100 sf of marina impervious path (appx 8.2' x 860
LF) for use as harbormaster access for trash pickup and for emergency vehicle access to the northern
end of F-Dock. Due to site constraints of the 404 wetland, this path is shown within the 30' marina
buffer. It is permitted under Low Density Stormwater Permit SW8-071004. Due to the very high
infiltration rate of the surrounding sand soils (>20"/hr infiltration rates) runoff will not reach the marina.
The harbormaster will, like on Bald Head, have a mini -truck or golf cart to service the docks/landings.
Note that the marina location in 1996 was determined after several studies and multiple rounds of
comments from CAMA and other review agencies. At that time, I do not believe there was a
restriction on impervious surface for such access roads in the marina buffer. For safety of the public,
having ambulance/fire truck/hazmat vehicle access to the marina end is well justified. We are asking
for the narrowest of roads to meet both safety and marina trash collection functional requirements. As
an engineer, I feel that this road is a reasonable design for safe water dependent use of the marina by
the citizens of North Carolina. We will seek a variance for this item if not approvable as drawn.
I have previously submitted a 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. We will seek a variance for any item if not approvable as drawn.
Additionally, when the minor mod is completed. please have copies faxed to 910-457-7463 & 457-
7220.
Thanking you in advance for attention to this matter.
Respectfully, �HCAg01"
�OFESStpN��Z s
SEAL /D
15684
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F J.MPF'•`••
Bruce Marek, P.E.
For Bald Head Island Limited, LLC Planning Dept.
Enclosures
cc: Jim Henry, Director, BHI Planning & Development
M. Kent Mitchell, CEO, Bald Head Island Limited LLC
CAMA Permit #91-96 Marina Necessities Minor Modification Request Rev 1-21-08 4

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DEEP POINT PERMIT HISTORY
06/03/96: Original Permit Approval (based on revised site plan dated 2-15-96
and details dated 11-15-95
Renewals:
0 12/08/99 -15i
renewal
0 02/14/02 -
2"d renewal
0 02/23/04 —
3`renewal
0 09/18/06 —
4 h renewal
0 12/31/07 —
5"' renewal
Amendments:
➢ 04/27/06 — Name change to Bald Head Island Limited from Bald Head
Island Management
➢ 09/18/06 — Name change adding "LLC" to Bald Head Island Limited
Minor Modifications:
);, 08119/99: Minor Modification - placement of 30 ft of rip rap extension
➢ 05/22100: Minor Modification -,expansion of the Marina basin approx. 23'
to the west plus revised slip layout.
➢ 07/16104: Minor Modification - additional 140 parking spaces
➢ 05/01107: Minor Modification - Upland Development
0 3 future marina buildings
o restaurants
o hotel outside of 75' AEC
o spoil basin building
0 6' wide wood boardwalk adjacent to existing bblkhead
o underground storage tanks outside of 75' AEC
o truck wash
➢ *07/09/07:.Minor Modification - increase depth in marina, increase finger
pier lengths to full length, clarify slip count, include typical marina
necessities such as ramp landing pads, electrical kiosks & transformers,
dockmaster sheds, west side entrance channel jetty walk, etc., within the
75' marina AEC (pending)
➢ 07/20107: Minor modification approved to increase depth in marina
➢ Minor Modification — Marina necessities & amenities per drawing DPM-3
Rev 8: 10-01-08 Approved 12/12/08
➢ *10/18/07: Minor Modification — Increase finger pier lengths to full length
clarify slip count approval
➢ 02/19/08: Minor Modification — request for rip rap or gabion placement
under new main ferry

Letters of Refinement:
➢ 7/16/99 Phasing Plan
➢ 12/03/04: LOR - concrete slab over existing impervious surface
➢ 12/10107: LOR for temporary walkway over water to access contractor
ferry landing
➢ 10/22/07: LOR for ferry "lift"
➢ 12/11/07: LOR bulkhead reinforcement
MISC:
➢ 05/31/96 Water Quality Certification
➢ 06/25/04: Letter of permission/notification intent to implement emergency
repairs
➢ 01/31/07: Mining Permit #10-39 (pending)
➢ 10/09/07: Request for repair maintenance — permits for marina bulkhead
➢ 02/04/08: 401 Water quality certification
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LAND USE PLAN '
FFI ZER TRACT
SOL(9!/O� AbBENGiROLNA

Form-DGVf-MY-3
UPLAND. ;C°11I
-
DEVELOPMENT `� NOti 15 1995
(Construction and/or land Usturbina aedvides)
Attach this form m Joint AnoIication for CAMA Major
Pe.^jt,-Form DCI&WL -1. Be sure to complete all
other seniors of the Joint An_ ulicerion that relate to this
proposed project.
a. Type and munber of buildings, facilities, units or
s^acmres proposed 6 mar_ne related
Structures
b. Number of iots or uarz,Js No residential
development proposed at this time.
c. Densirj (g,vethe aumber or residential units and-tha
emits per acre) N%A
d. S_e of area to be g ceded, filled or disturbed
ia=.'udjag riads, dit es, etc. 53 P.0
e. If the proposed proje= will disturb more then one
one of labd, the Division of Land Resources must
recejve an erosion and sedimeation control plan at
less 30 days before land disturbing activity begins -
If applicable, has a sedimenration and erosion
control plan been submitted to the Division of Land
Resources? —,Yes ' X No
If yes, date submitted Will submit plan
prior to development.
f List the materials (such as marl, paver stone,
asphalt, or concrete) to be used for paved surfaces.
Marl, concrete, asahalt,
concrete pavers. -
Z. Give the percentage of the tract within 75 feet of
WlW or NWL, or within 575 fcet in the case of an
Outstanding Resource Water, to be covered by
impervious and/or built -upon surfaces, such as
pavement, buildings, roofmps, or to be used for
vehiatlar drive.wavc nr narkinv. 112,900 SF -
Dlv1SION OF
COASTAL MANAGEMENT
h. projers -,bat reauire a CAMA Major Development
pods may also iecuire a Stormwater Ce aeon.
Fas a sits development plan been submia-ed to the
Division of'Envircn^.-^mot Managnmetu for rvilrv?
X Yes No
If yes, date submitted October 16, 1995
j- Describe proposed m-_r,,cd of sewage disposal.
Se_otic tank with g_ormd ebscrptic
or connection to City of Smithoort
j. Have the ;acuities des: ibed in Item j. above
'receives state or loccl approval? No
(Ara, oa,op,v's de-fbnl . ..
k.
Desc be loction and type of proposed discharges to
waters of the sere (for ezamola, sunace rmGf;,
sani.sywas r==r, indus=21/cot =rcial eff:eent,
"wash down' and reside al disch=gs).
Surface runoff into crass swales,.
i nillLra lion basin andretention
basins.
1. Desczfbe proposed driniin; water supply source -
wen, community, public system, etc.)
Communitv, well and public
m. WHI water be itapounded? —Ys X No
If yes, how many acres? -
n. If the prole t B a oceanironr development, when
was the lot(s) platted and recorded? NA
Pfizer Tract
or bj&_� ame
Nala aeaa lslana
s'g6a Director of planning
October 16,'1995
Dam

Pt nit Ll.,.is
NEW
STATE
X Major Developmeniiti 2n A%a2k2rr ioiimantal Concern
pursuant toNC(3§..
Excavation and/or filling puusuant to NCGS 1I3-229
PannitNumber
91-96
I, A ," a :. IY.I :," e \ ,..I• .� . I
as requested in the perminee's application dated 1 0/1M6 inrl att wnrWandrawin"
site plan dated rev 2/15/96 & sheets 4 7 & 11-13 of 13 for hullchead & jetty detail dated rec. 11115/95.
Tlds permit, issued on — 3 g 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 tents may
be. subject to a fine, imprisonment or civil action; ormay cause the permit to be null and void.
Excavation
1) In order to protect juvenile fish and other estuarine resources, excavation of the entrance channel
in the River may not take place between February 1 and July 31 of any year without prior
approval ofthe Division of Coastal Management in consultation with the Division of Marine
Fisheries.
2) An earthen plug will be left between the inland basin and the Cape Fear River until excavation
landward of the plug has been completed To prevent sedimentation in adjacent waters, 24 hours
will be allowed to elapse before the plug is removed.
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 maybe.
This permit must be accessible on -site to Department
personnel when the project is inspected for compliance.
Any maintenance work or project modification not
covered hereunderrequirress futtherDepattmental approvaL
All work must cease when the permit expires on
December 31. 1999
In issuing thispermit, the State ofNorth Carolina agrees
that your project is consistent with the North Carolina
Coastal Management Program.
Signed bythe authority of the Secretary ofDEHNP and the
Chairman of the Coastal Resources Commission.
Roger N.'Sbhecte , Director
Division of�Coastal Management
This permit and its conditions are hereby accepted.
Signature of Permittee

Bald Head Island, Limited
ADDITIONAL CONDITIONS.
Permit #91-96
Page 2 of 6
3) All excavated materials will be confined landward of the mean high watei (MIM elevation
contour within adequate dikes or other retaining structures to prevent the spillover of solids into
any vegetated wetlands or surrounding waters.
4) The terminal end of tho pipeline from the dredge into the diked retention area will be positioned
at or greater than 50 feet from any part of the dike and a maximum distance from spillways to
prevent dike erosion and to allow adequate settlement of suspended solids.
5) A water control structure will be installed at the intake end of the effluent pipe leading from the
retention area to ensure maximum settlement of suspended solids.
6) Flow from the diked retention area will be confined by pipe, trough, or similar device to a point
at or below the mean low water (MLF) elevation contour to prevent gully erosion and siltation.
7) No excavated or fill materials will be placed any time in any vegetated wetlands or waters.
8) No vegetated wetlands will be filled.
9) Excavation will not exceed ten (10) feet below the elevation of mean low water (MLV).
10) The temporary placement or double handling of excavated or fill materials within waters or
vegetated wetlands is not authorized.
11) All bulkheads will be positioned in strict accordance with permitplaris.
12) (a) The Division of Environmental Management issued Water Quality Certification Nos.
3025 and 2668 for this project on May 29, 1996. Any violation of that Certification will
be considered a violation of this permit.
(b) All project activity will be conducted in a way that prevents a significant increase in
turbidity outside the area of construction or construction -related discharge. Increases
such that the turbidity in the waterbody is 25 NTUs or less are not considered significant.

Bald Head Island, Limited
ADDITIONAL
Stormwater Management
Permit #91-96
Page 3 of 6
13) The Division of Environmental Management issued Stonnwater ManagementPennit No. 951012
on Apri124, 1996. Any violation of this SW Permit will be considered a violation of this CAMA
permit
NOTE: The permittee is encouraged to provide a buffer between all upland development and
adjacent wetlands. A 30-50 buffer is recommended.
NOTE: An Erosion and Sedimentation Control Plan will be required for this project. This plan
must be filed at least thirty (30) days prior to the beginning of any land -disturbing
activity. Submit this plan to the Department ofEnvironment, Health and Natural
Resources, Land Quality Section, 127 Cardinal Drive Extension, Wilmington, NC 28405-
3845.
®rchaeologieal Resources
14) Prior to initiation of ground -disturbing construction activities in the immediate vicinity of
archaeological sites 31BW564*" and 31BW571, an archaeological assessment (site testing) will
be conducted to evaluate if the sites are eligible for listing in the National Register of Historic
Places.
15) If either site 31B W56V* or 31BW571 is determined eligible for listing in the National Register
of Historic Places, and if the sites will be adversely affected by proposed construction activities,
a detailed impact mitigation plan will be developed and executed
16) All archaeological investigations will be conducted under the direction of an experienced
archaeologist. Upon completion of the site testing and evaluation process, a written report will
be submitted to the N. C. Division of Archives and History. Any mitigation plans developed for
the site must be approved by the Division of Archives and History prior to implementation.
Other Requirements and Recommendations
17) Prior to jetty construction or other structural installation in the River, an Easement is required
from the State Property Office, Department of Administration (telephone: 919l733-4346).
NOTE: The proposed entrance connection and work adjacent the highway right-of-way should be
coordinated through the local DOT District office in Wilmington, and the Ferry Division.
NOTE: Spoil areas can breed mosquitoes. Therefore, Bald Head Island mosquito control or the
Division of Environmental Health should be consulted to help prevent creating mosquito
breeding habitat.

Bald Head Island, Limited
ADDMONAL CONDITIONS
Endangered Species Protection
Permit#91-96
Page 4 of 6
18) The pemrittee will ensure that the following construction guidelines are followed to avoid impacts
to the Federally endangered West Indian Manatee (Trichechus manatus):
(a) The permittee will instruct all personnel associated with the project of the potential presence
of manatees and the need to avoid collisions with manatees.
(b) Thepermittee will advise all constructionpemonnel that there are civil and criminal penalties
for harming, harassing or killing manatees which are protected under the Marine Mammal
Protection Act of 1972 and the Endangered Species Act of 1973. The permnittee and any
contractor may be held responsible for any manatee hammed, harassed or killed as a result of
construction activity.
(c) Siltation barriers will be properly secured and made of material in which manatees cannot
become entangled. The barriers will be regularly monitored to avoid manatee entrapment.
Barriers must not block manatee entry or exit from essential habitat.
(d) All vessels associated with the project will operate at `Sio wake/idle, speeds at all times
while in water where the draft of the vessel provides less tlian four feet clearance from the
bottom. Vessels will follow routes of deep water whenever possible.
(e) If manatees are seen within 100 yards of the dredging area, all appropriate precautions will
be implemented' to ensure protection of the manitees. These precautions will include
operating all equipment in such a manner that moving equipment does not come any closer
than 50 feet of any manatee. If a manatee comes within 50 feet of an operating piece of
equipment, or vice versa, the equipment will immediately be shut down.
(f) Any collision with, or injury to, a manatee will be reported immediately to:
Mr. Robert O. Tumer
Manatee Coordinator
6620 Southport Drive, South
Suite 330
Jacksonville, Florida 32216-0912
[phone]
(g) The pemmittee will maintain a log detailing sighting, collisions or itrjudes to manatees should
they occur during the construction period. Following project completion, a report
summarizing incidents and sightings will be submitted to Mr. Robert O. Turner.

Bald Head Island, Limited
MsAna Operational Conditions
Permit ##91-96
Page 5 of 6
19) The marina entrance channel jetties shall be permanently lighted. Such lights and signals shall be
in keeping with U. S. Coast Guard specifications and regulations. Lights shall be installed at the
expense of the permittee.
20) The permittee shall provide for the life of the project fuel and waste spillage protection around the
marine maintenance site to protect surface waters in the event of a spill.
21) This permit does not authorize the interference with any existing or proposed Federal project. The
permittee will not be entitled to compensation for damage or injury to the authorized structure or
work that may be caused from existing or future operations undertaken by the United States in the
public interest.
22) • No attempt will be made by the permittee to prevent the full and free use by the public of all
navigable waters at or adjacent to the authorized work. Use of the permitted activity must not
interfere with the public's right to free navigation on all navigable waters of the United States.
23) The permittee will maintain the authorized work in good condition and in concordance with the
terms and conditions of this permit. The penmittee is not relieved ofthis requirement if he abandons
the permitted activity without having the permit transferred to a third party.
24) * Prior to occupancy of any new slips authorized under this permit, the permittee will permanently
equip the marina with a pumpout facility to service boats with holding tanks.
25) The marina shall prominently post and enforce a no sewage discharge policy at the entrance and exit
from the main pier.
26) No sewage; whether treated or untreated, shall be discharged at any time from boats using the
marina. Any sewage discharge at the dock facility shall be considered a violation of this permit for
which the permittee is responsible. This prohibition shall be applied and enforced throughout the
entire existence of the permitted structure.
27) Marina operation rules detailing safety and clean boat handling practices will be posted.
28) Trash receptacles, sufficient in numbers, to provide easy access and capacity will be installed at the
marina prior to occupancy.
i�

Bald Head Island, Limited
ADDITITIONAL CONDITIONS
Permit #91-96
Page 6 of 6
29) This permit authorizes only the docks, pies and other structures and uses located in or over the water
that are expessly and specifically set forth in the peffiit application. No other structures, whether
floating or stationary, may became a permanent part of this marina without permit modification. No
non -water dependent uses of structures may be conducted on, in, or over public trust waters without
permit modification.
NOTE; The penmittee is reminded that any additional work not depicted on the attached plats
involving basic subdivision infra -structure, marina amenities, including dock design and
channel markers, will require a modification of this permit. Should a question arise as to
the requirement for further authorization, do not hesitate to contact the Division of Coastal
ManagemenL
NOTE: The permittee is reminded of the need to maintain a suitable spoil disposal site at the
project for future ebarmel and basin maintenance.

oz` or' 78°
BALD HEAD ISLAND
October 16, 1995
Mr- Ed Brooks & Mr. -Bob Stroud
DEHNR-CAMA
127 Cardinal Drive Extension
Wilmington, NC 28405
Gentlemen:
57'
Please find enclosed a Major Development Permit application form and subsequent site plans for
the proposed Pfizer Tract development located in Southport, North Carolina.
The emphasis behind this proposed development is to provide one centralized facitity for all
aspects of Bald Head Island day to day activities to and from the Island. The major components
of this proposed development include a 4.7 AC marina, barge and ferry landings, parking for
residents, resort guests, employees and contractors, administrative offices, warehouse and
receiving.
is'
The overall development site is 171-:8 AC. This site consists of very well drained toils"and'has
undulating topography ranging from a low elevation of T MSL and a high point of 24' MSL. In
addition, this site contains both CAMA and Army Corps 404 wetlands which were delineated in
the field, surveyed and approved by the two respective agencies. „
With regard to land use plan and tabulations (see enclosure) each area has a parcel allocation
with intended use, acres, percent of impervious coverage and impervious coverage in acres. The
proposed impervious acreage for this development is 64.5 AC which equates to an overall percent
of Impervious coverage of 37.5% (64.5l171.8) for the entire tract.
Pending permit approvals, this project will be a phase development with phase one being the
marina, Infrastructure, marine maintenance and some parking areas_ The remaining development
will be on an on needed basis.
pp' i9
I'MIC111011 171
POST OFFICE BOX 3069, BALD HEAD ISLAND, NORTH CAROLINA 28461 - 1-800-234-1666
•

02'
Mr. Ed Brooks & Mr. Bob Stroud
DEHNR-CAMA
October 16, 1995
Page Two
UI
Lastly, I would like to emphasize that this development was based on long range projections of
a facility and development which could accommodiate total buildout on Bald Head Island.
A check in the amount of $250 is enclosed for the major modification fee.
Please contact me at 910-457-7339 with any questions or comments.
Director of Planning
Enclosure
cc: Kent Mitchell
Ken Stewart
Ken Kirkman
David Edwards

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P.O. Box 3069 BALD HEAD ISLAND
NORTH CAROLINA 28461
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0

IN RE: CAMA VARIANCE REQUEST (CRC-VR-09-01)
BALD HEAD ISLAND LIMITED, LLC (Applicant)
SUPPLEMENTAL STATEMENT ON BEHALF OF
BALD HEAD ISLAND LIMITED, LLC
This Supplemental Statement is offered on behalf of Bald Head Island Limited,
LLC in support of its Variance Request originally served on January 13, 2009. The
initial Variance Request in addition to all supporting statements, stipulations, documents,
and exhibits are incorporated by reference. However, the applicant has decided to
voluntarily withdraw item No. 3 from its original Request wherein it sought a variance
with regard to placement of its marina entrance sign. This Variance Request was.
originally docketed for hearing before the Coastal Resources Commission on February
12, 2009, but was continued by agreement between counsel for the Applicant and the
Attorney General's Office.
Subsequent to February IP representatives for the Applicant and members of
Division of Coastal Management Staff have met and conducted a number of discussions
with regard to the two remaining items within the Variance Request: (I) that Applicant be
allowed to construct an 8-foot wide paved access road with turnaround space for use by
its marina management and to allow emergency vehicle access to a portion of its marina
that is within the 30-foot marina buffer; and (2) that it be allowed to construct five 20 by
28 foot wooden landings atop the access ramps within its 100 slip marina. These
discussions have been cordial and productive. However DCM Staff believe that the
Request for Variance should proceed for hearing and the Applicant and Staff do not have
an agreement at this point. DCM Staff has suggested that the Applicant submit the
following supplemental comments as a follow up to the discussions between the parties,
addressing site specific stormwater considerations including efforts to minimize impacts
with innovative approaches.
Bald Head Island Limited's Deep Point Marina, located in Southport NC, was
originally p ermitted on June 3, 1996 as LAMA Permit No. 91-96 and referred to at the
time as the "Pfizer Tract." A site plan revision dated February 15, 1996 subsequently
became the site drawing. The site plan, original application cover letter, DCM Form
M0-3 and original Permit are attached hereto. Original exhibits No. 9 (DPM-4) and 11
(DPM-6) have been combined into a drawing dated April 14, 2009 (also attached) which
depicts variance items requested in red, existing development in black, and permitted but
not yet constructed items in blue. A detail of the road cross section in relation to the 30
foot marina buffer showing typical road slope away from the marina is included on this
drawing.
As stated in the attached cover letter dated October 16, 1995, this marina project
was to be a phased development over a period of years. Per Form MP-3 the Permit
allowed 112,900 square feet of impervious surface within the 75 foot AEC. (At that time

there was no requirement for the 30 foot marina buffer.) The south and west sides of the
marina were depicted as 100% impervious coverage within 30 feet of the marina.
Applicant submits that the requested access road and marina landings (if included) will
yield an impervious coverage of 91,000 square feet, well below the permitted AEC
impervious limitation of 112, 900 square feet.
Bald Head Island Limited believes that the five marina landings should be
considered water dependent necessities. DCM has declined this interpretation. However,
Applicant submits that if both the landings and access road are evaluated in the context of
the total originally permitted impervious coverage and stormwater characteristics at this
site granting of the variances is warranted. Limitation of impervious coverage to the least
amount reasonably required is a major way to satisfy stormwater concerns_ Bald Head
Island Limited has extensive experience in the construction of minimally invasive roads
given to the use of golf carts as the means of personal transportation on its Bald Head
Island development The requested eight foot surface honors that approach, while
recognizing that a minimum amount of surface rigidity is required to support heavy
emergency vehicles. (Use of turf stone or grass pavers was considered but rejected in
light of this need.) However, the surrounding natural sands are capable of infiltrating
water at a rate of 20 inches per hour.
The proposed road detail calls for a cross -slope road surface which diverts rainfall
away from the marina. NPDES Phase E Stormwater Rules focus on a 1 %s inch storm
event. In the case of an 8 foot wide road this amounts to 1 cubic foot of rain water per
foot of road. The rock base plus asphalt pavement will place the road surface at, `
approximately 5 inches above natural grade. A 2 foot wide area of flat ground with a 3
horizontal to 1 vertical foot side slope to the road is sufficient to hold the 1 cubic foot of
water, but it would infiltrate into the ground more quickly than it could build up. We
submit that infiltration is sufficient to control a 100 year 24 hour storm (.61 inches per
hour of intensity) whereas requirements are only for the 1 year 24 hr storm event (.15
inches per hour of intensity). In recent years the State has encouraged infiltration type
systems including infiltration basins, bio-retention basins, and rain gardens. In this case
the soils are of a quite porous sandy nature such that even the naturally vegetated road
shoulder will control the 1 %2 inch rain event The area around the marina has a low
density stormwater permit (SW8-071004) which does not require additional treatment.
We also plan a 3 foot buffer between the marina bulkhead and the 6 foot perimeter
boardwalk, planted with native grasses and wildflowers.
In the larger context the Applicant has made other efforts to minimize stormwater
impacts. The main parking area was originally permitted for 22 acres of clear cut parking
sheet flowing to a wet pond, but now will utilize a number of treed infiltration basins
which add aesthetics and take advantage of the natural properties of the sandy soil. Many
mature trees have been transplanted as opposed to removed. The site and marina pump
out station were originally permitted for septic system, however pursuant to agreements
with the City of Southport sewer lines have been constructed allowing access to a waste
water treatment plant.

In summary Bald Head Island Limited believes that the marina structures that are
the subject of this Variance Request constitute site impervious coverage that is
significantly below (201/6) the amount originally permitted, while improving overall
safety and operation of the marina. The minimal width access road, designed with a high
infiltration rate into naturally vegetated sandy soils, presents minimal and entirely
acceptable impacts upon the adjacent waters in line with both the letter and spirit of
applicable regulations.

' dsurEpnay
mwnW�
State of North Carolina Reply to:
Jennie Wilhelm Hauser
Environmental Division
Department O(Justicc 9001 Mail Service Center
ROY COOPER PO Box 629 Raleigh, NC 27699.9001
ATTORNEY GENF.W\t_ Tel: (919) 71"600
Raleigh, North Carolina Fax: [phone]
27602
Bald Head Island Limited, LLC
Bruce Marek, PE, Agent
P.O. Box 3069
Bald Head Island, NC 28461
May 21, 2009
CERTIFIED MAIL/
RETURN RECEIPT REQUESTED
George L. Fletcher CERTIFIED MAIL/
Fletcher, Ray, Satterfield, LLP RETURN RECEIPT REQUESTED
131 Racine Drive, Suite 201
Wilmington, NC 28403
Re: Variance Request for Coastal Area Management Act (CAMA) Permit,
CRC-VR-09-01
Dear Sirs:
At its April 29, 2009 meeting, the Coastal Resources Commission granted your variance
request. Attached is a copy of the order, signed by the Chairman of the Coastal Resources
Commission. Prior to undertaking the development for which you sought a variance, you must first
obtain a CAMA permit from your local permitting authority or the Division of Coastal Management.
Sincerely,
Jennie Wilhelm Hauser
Special Deputy Attorney General
cc: Christine A. Goebel, Esq., electronically
Angela Willis, DCM Morehead City, electronically
Robert R. Emory, Jr., Chairman of CRC, electronically
l

STATE OF NORTH CAROLINA
COUNTY OF BRUNS WICK
IN THE MATTER OF: )
PETITION FOR VARIANCE BY )
BALD HEAD ISLAND LIMITED, LLC )
BEFORE THE NORTH CAROLINA
COASTAL RESOURCES COMMISSION
CRC-VR-09-01
FINAL ORDER
This matter was heard on oral arguments and stipulated facts at the regularly scheduled
meeting of the North Carolina Coastal Resources Commission (hereinafter CRC) on April 29,
2009, in Beaufort, North Carolina pursuant to N.C.G.S. § 113A-120.1 and 15A NCAC 7J.0700,
et sea. Assistant Attorney General Christine A. Goebel appeared for the Department of
Environment and Natural Resources, Division of Coastal Management (DCM); George Fletcher,
Esq. of Fletcher, Ray, Satterfield, LLP appeared on behalf of Petitioner, Bald Head Island
Limited, LLC.
Upon consideration of the record documents and the arguments of the parties, the CRC
adopts the following:
STIPULATED FACTS
1. Bald Head Island Limited, LLC (Petitioner) has been the owner and developer of Bald
Head Island since 1984. Bald Head Island was originally comprised of approximately 12,000
acres of land and estuarine marsh. The actual development on the Island consists of
approximately 2,000 acres with the balance having been donated to the state of North Carolina
for conservation purposes.
2. Plans call for a total of approximately 2,000 dwelling structures when Island build -out is
completed, with the vast majority of those structures being single family and cluster single
1

family homes.
3. In addition to visits by homeowners Bald Head Island receives thousands of annual
visitors who rent vacation accommodations, visit the Old Baldy Lighthouse and participate in the
programs of the Bald Head Island Conservancy. All of those individuals are transported through
the existing Indigo Plantation Marina; however, these operations will be transferred to the Deep
Point Marina in early summer of 2009. The entire Deep Point project totals seventy eight acres
and will accommodate parking for 3,000 vehicles. According to records maintained by
Petitioner, in excess of 300,000 annual passenger trips are taken on ferries operated by the
applicant.
4. With the exception of limited access by private boat, all persons, supplies, and materials
are delivered to Bald Head Island by passenger ferries owned and operated by Petitioner or barge
service provided by Petitioner. The ferry is the principal means of evacuation for persons
involved in medical emergencies. Passenger ferry operations are regulated by the North Carolina
Utilities Commission.
5. The property immediately at issue is nine acres on which has been developed the Deep
Point Marina. This development has taken place under the authority of CAMA Major Permit
Number 91-96, issued on June 3, 1996, The marina bulkhead and entrance channel were
completed in 2000. Since this completion, barge service and contractor/employee ferry
operations have taken place from Deep Point. Ferry passengers currently utilize an existing
covered landing dock and related walkways.
6. Petitioner is nearing completion of its new Deep Point passenger terminal, a multi -level
40,000 square foot structure authorized under Permit 91-96. Much of the design and ultimate
2

function of the terminal was dictated by the requirements of the Transportation Safety
Administration in the areas of passenger, baggage and staging security.
7. Deep Point passenger operations will primarily utilize Petitioner's two eighty-two foot
passenger catamaran ferries. When placed in service at total capacity these vessels will have US
Coast Guard K-boat certification enabling them to carry 230 passengers per trip. Currently these
vessels are certified to carry 149 passengers per trip.
8. Petitioner is currently completing development of an 80 slip marina within a large portion
of the Deep Point marina basin. The entire marina, including ferry and other commercial
operations, will accommodate 100 slips. There is ajetty wall on the south shore.
9. The items sought through this present variance request pertain only to the recreational
marina located generally southwest of the marina entrance and south jetty wall.
10. Pursuant to requests dated July 8, 2008 Petitioner initially sought:
(a) a minor modification of Permit 91-96 to allow it to construct an eight -foot wide paved
access surface approximately 12 feet waterward of the normal water level within the thirty foot
normal high water line, approximately a quarter mile in length, and approximately six -feet
landward of the permitted six-foot wooden walkway that surrounds the recreational marina now
under development. This was also to include a single 28 by 28 ft. paved tum-around area.
(b) a minor modification of Permit 91-96 to allow it to construct five (5) 20 by 28 ft.
landings (platforms) at the tops of the ramps, within 30 feet of the normal water level, that allow
access to the five floating pier or dock structures within the recreational marina, identified as
Docks A, B, C, D, and E/F.
(c) a minor modification of Permit 91-96 to allow construction of a Deep Point Marina
3

entrance sign out in the water as depicted on drawing DPM-5.
11. Pursuant to a letter dated August 28, 2008, the Division of Coastal Management (DCM)
denied the request for minor permit modification to allow the construction of the paved access
surface and the tum-around area finding that it was to be located within the 30-foot Coastal
Shoreline buffer inconsistent with 15A NCAC 07H.0209(d) (10); and also denied the request for
minor permit modification to allow construction of five 20 by 28 ft. wooden landings or
platforms at the tops of the dock access ramps within the 30-foot Coastal Shoreline buffer, based
on a determination that the total square footage of the five structures was 2,800 square feet and
thus in excess of the 200 feet allowed under 15A NCAC 07H.0209 (d)(10).
12. Pursuant to a letter dated December 5, 2008, DCM denied the request for a minor permit
modification to allow placement of marina signage in the Public Trust Areas and Estuarine
Waters Areas of Environmental Concern, due to three main reasons: the sign was considered a
non -water dependent structure; a feasible high ground alternative location existed; and the
proposed project was inconsistent with 15A NCAC 07H.0208(a)(1) and 15A NCAC
07H.0208(a)(2)(b). During the course of the review of the in -water sign request, the U.S. Army
Corps of Engineers indicated that they did not object to the proposed project.
13. Petitioner has now voluntarily withdrawn its original request for a variance for the
placement of proposed marina signage in the Public Trust Areas and Estuarine Waters Areas of
Environmental Concern.
14. The paved surface (road) requested by applicant runs from the Harbormaster's Office
around the recreational marina to the entrance channel bulkhead a total distance of one -quarter of
a mile.
4

15. Each of the five landings or platforms requested at the tops of the dock access ramps
measures 20 by 28 ft. or 560 square feet, for a total area of 2,800 square feet.
16. The five landings or platforms requested will serve the six docks (A through F) and the
number of slips (individual boat or vessel moorings) shown adjacent to the following dock
designation:
A Dock 6 slips
B Dock 17 slips
C Dock 19 slips
D Dock 11 slips
E/F Dock 27 slips (total)
These existing docks have been used since 2000.
17. The Deep Point marina was originally sited and permitted in 1996, at which point in time
the thirty foot buffer did not exist. Marina site clearing and excavation began in 1997 and 1998.
18. Under DCM Form MP-3 and the original CAMA Permit the Applicants Deep Point
marina development has an allowed impervious surface coverage within the 75 foot AEC of
112,900 square feet. The south and west sides of the marina were depicted as 100% impervious
coverage within 30 feet of the marina.
19. Permit No. 91-96 was modified on December 11, 2008, to remove approximately 9,200
square feet of impervious area from the buffer that was authorized in the original proposal.
20. The access road surface and marina landings, if included in impervious coverage, will
constitute a total of approximately 91,000 square feet impervious coverage at the site in question.
The proposed road detail calls for a cross -slope road surface which diverts rainfall away from the
5

marina. NPDES Phase II Stormwater Rules focus on a 1 %a inch storm event. In the case of an 8
foot wide road this amounts to a 1 cubic foot of rain water per foot of road. The rock base plus
asphalt pavement will place the road surface at approximately 5 inches above normal grade. A
two -foot wide area of flat ground with a 3 horizontal to 1 vertical foot side slope to the road is
sufficient to hold the I cubic foot of water, but it would infiltrate into the ground more quickly
than it could build up. The area around the manna is of a porous sandy nature and has a low
density stormwater permit (SW8-071004) which does not require additional treatment.
Applicant also plans a 3 foot buffer between the marina bulkhead and the 6 foot perimeter
boardwalk, planted with native grasses and wildflowers.
21. Applicant's manna site was originally permitted for 22 acres of clear cut parking sheet
with drainage to a wet pond; as constructed the site will utilize a number of treed infiltration
basins.
22. Applicant's marina site was originally to employ septic service for handling wastewater,
but now has sewer lines in place with treatment by wastewater treatment plant.
CONCLUSIONS OF LAW
1. The CRC hasjurisdiction over the parties and the subject matter.
2. All notices for the proceeding were adequate and proper.
3. Petitionees proposed development is located within the Estuarine Waters, Public
Trust Areas, and Estuarine Shorelines and Public Trust Shorelines ('Coastal Shorelineg) Areas of
Environmental Concern (AEC). 15A NCAC 7H .0206, .0207, and .0209.
4. Petitioner has withdrawn its request to place manna signage in Estuarine Waters
and Public Trust Areas (SF 13); therefore, this Order does not address the issue of signage.
6

5. Petitioner has demonstrated that strict application of Rule 15A NCAC 7H
.0209(d)(10) to the permit application will result in unnecessary hardship. Strict application of
the 30-foot buffer requirement would mean Petitioner would be unable to provide a minimal -
width paved surface adjacent to the recreational marina for access by the Harbormaster or by
emergency vehicles (in the case of medical emergency, fire, fuel spill, or hazardous materials
incident). Strict application of the total square footage requirement of Rule 15A NCAC 7H
.0209(d)(10)(F) would prevent Petitioner from providing a 5-foot minimum turning radius at the
top of ramps to the docks allowed under CAMA Major Permit No. 91-96 and, thus, would
restrict access for handicapped persons.
6. The Petitioner has demonstrated that this hardship results from conditions peculiar
to Petitioner's property such as the location, size, or topography of the property. Petitioner's
property is located adjacent to the NC Southport -Fort Fisher State Ferry site. The recreational
marina is located mostly on the southern end of the marina, rather than being wrapped around the
whole marina as would usually be the case. The size of the entire marina, incorporating the
passenger ferry and the recreational ferry, is a condition peculiar to Petitioner's property.
Additionally, the marina basin was sited and permitted with guidance from DCM to ensure
protection of water quality and estuarine resource habitat.
7. The Petitioner has demonstrated that this hardship does not result from actions
Petitioner has taken.
8. The Petitioner has demonstrated (a) that the requested variance is consistent with
the spirit, purpose and intent of the Commissiorfs rules, (b) that it will secure public safety and
welfare, and (c) that it will preserve substantial justice. The proposed project will be consistent
7

with the spirit, purpose, and intent of the CRCs rules in that Petitioner is seeking to provide safe
access to all members of the public at its recreational marina facilities. The minimal -width
paved road around the marina will allow the Harbormaster and emergency vehicles to respond as
necessary to protect public health and safety. Additionally, the requested size of the five
platforms located at the top of dock access ramps will allow persons in wheelchairs to use the
dock facilities fulfilling the intent of the Commission's rules to maximize access to these AECs
for all people. Petitioner has also assured the CRC that the road will be constructed in such a
way as to minimize runoff and that the only vehicular traffic will be the golf carts used by the
Harbormaster and emergency vehicles. For each of these reasons the proposed variance is
consistent with the spirit, purpose, and intent of the CRCs rules, it will secure public health and
safety, and it will preserve substantial justice.
THEREFORE, the variance from 15A NCAC 7H.0209(d)(10) is GRANTED on the
condition that the minimal -width paved surface road cannot be used for other than the proposed
uses for the Harbormaster and emergency vehicles that were specified in the variance petition.
The granting of this variance does not relieve Petitioner of the responsibility for obtaining
a CAMA permit from the proper permitting authority.
This variance is based upon the Stipulated Facts set forth above. The Commission
reserves the right to reconsider the granting of this variance and to take any appropriate action
should it be shown that any of the above Stipulated Facts is not true.
This the 2 1 " day of May 2009.
Robert R. Emory, Jr., Chairman
Coastal Resources Commission
E

CERTIFICATE OF SERVICE
This is to certify that I have this day served the foregoing FINAL ORDER upon the
parties by the methods indicated below:
Bald Head Island Limited, LLC
Bruce Marek, PE, Agent
P.O. Box 3069
Bald Head Island, NC 28461
George L. Fletcher
Fletcher, Ray, Satterfield, LLP
131 Racine Drive, Suite 201
Wilmington, NC 28403
Christine A. Goebel
Assistant Attorney General
N.C. Department of Justice
Pamela A. Jones
Certified Paralegal
N.C. Department of Justice
CERTIFIED MAID
RETURN RECEIPT REQUESTED
(Electronic mail [e-mail])
CERTIFIED MAIL/
RETURN RECEIPT REQUESTED
(Electronic mail [e-mail])
(Electronic mail and Hand Delivery)
(Electronic mail and Hand Delivery)
James H. Gregson (Electronically [e-mail]
Angela Willis [e-mail])
Division of Coastal Management
400 Commerce Avenue
Morehead City, NC 28557
This the 215` day of May 2009.
- 'eLL
Jennie Wilhelm Hauser
Special Deputy Attorney General
N.C. Department of Justice
P.O. Box 629
Raleigh, N. C. 27602
Commission Counsel

Beveridge, Robin
From:
Bruce Marek ([e-mail]]
To:
Beveridge, Robin
Sent:
Wednesday, May27, 2009 3:56 PM
Subject:
Read:
Your message was read on Wednesday, May 27, 2009 3:55:38 PM (GMT-05:00) Eastern Time (US & Canada).

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57' 56'
o
34 BALD HEAD ISLAND
October 16, 1995
59' JMr. Ed Brooks & Mr. Bob Stroud
DEHNR-CAMA
127 Cardinal Drive Extension
Wilmington, NC 28405
58'1 Gentlemen:
MAR 13 2009
Morehead City
Please find enclosed a Major Development Permit application form and subsequent site plans for
the proposed Pfizer Tract development located in Southport, North Carolina.
of
34
59'
58,
57i The emphasis behind this proposed development is to provide one centralized facitity for all 5'
aspects of Bald Head Island day to day activities to and from the Island. The major components
of this proposed development include a 4.7 AC marina, barge and ferry landings, parking for
residents, resort guests, employees and contractors, administrative offices, warehouse and
receiving.
Sfi� Sfi'
The overall development site is 171.8 AC. This site consists of very well drained soils and has
undulating topography ranging from a low elevation of 7' MSL and a high point of 24' MSL. In
addition, this site contains both CAMA and Army Corps 404 wetlands which were delineated in
55' the field, surveyed and approved by the two respective agencies. 55'
With regard to land use plan and tabulations (see enclosure) each area has a parcel allocation
with intended use, acres, percent of impervious coverage and impervious coverage in acres. The
proposed impervious acreage for this development is 64.5 AC which equates to an overall percent
54'1 of impervious coverage of 37.5% (64.5/171.8) for the entire tract. 54'
Pending permit approvals, this project will be a phase development with phase one being the
marina, infrastructure, marine maintenance and some parking areas. The remaining development
will be on an on needed basis.
RECEIVED 53'
DCM WILMINGTON, NC
MAR 0 6 2009
ANOTHER WORLD
PRA®® ®®A®
POST OFFICE BOX 3069, BALD HEAD ISLAND, NORTH CAROLINA 28461 1-800-234-1666
m' n,' 7R` so' an' I" ca

m' n, 7➢'
no' n�' 7A* sa'

Forri DCM-MP-1
APPLICATIO
(To be completed by all applicants) n4r.
MAR i 3 2009
1. APPLICANT
a. Landowner:
Name Pfizer, Inc.
Address 235 E. 42nd Street
City
New York State NY
b. city, town, comm�tIlkA bCM
Southport, iWa
c. Street address or secondary toad number
S.R. 1540
d. Is proposed work within city limits or planning
jurisdiction? X Yes No
e. Name of body of water nearest project (e.g. river,
creek, sound, bay) Cane Fear River
Zip 10017 Day Phone [phone]
Fax [phone] 'vsi_E,_TV:0MSCRIPTION AND PLANNED USE
b. Authorized Agent:
Lb
gPROPOSED PROJECT
NOU 15 195
Name Bald Head Island, LimitEQ6VISION ult. List all development activities you propose (e.g.
C,OAS I AL MANAGEM&t.ding a home, motel, marina, bulkhead, pier, and
excavation and/or filling activities.
Address P. O. Box 3069 Operations complex for Bald Head
Island, Limited which will contai_r
City Bald Head Island State NC marina for passenger ferry andbarc
marine maintenance facilityparkinc
offices.
Zip 2 R a rsi Day Phone
Fax [phone]
c. Project name (if any)
910-457-7339
Pfizer Tract
NOTE: Prrmii w0 be issued in name of Lando, er(s), and/or
proiea name.
2. LOCATION OF PROPOSED
PROJECT
a. County Brunswick
b. Is the proposed activity maintenance of an existing
project, new work, or both? New work
c. Will the project be for public, private or commercial
use? Private
d. Give a brief description of purpose, use, methods of
construction and daily operations of proposed
project. If more space is needed, please attach
additional pages Land based operationfo:
access to and from Bald HeadIslanr
for residents, resort guests,
employees & contractors. Themarinc
will be dredged withspoil being
disposed of on site. Road beds,
parking areas-willbe constructed
with heavy egt;pjpEH®tt detaile!
constructi=tkWiPAMgrM7N6ontract
MAR 0 6 2009

n
V
a
x
Z)
hT
Form DCM-M7-1
site. Include highway or secondary road (SR)
numbers, landmarks, and the like.
A Stormwater Certification, if one is necessary
A list of the names and complete addresses of the
adjacent waterfront (riparian) landowners and
signed return receipts as proof that such owners
have received a copy of the application and plats
by certified mail. Such landowners must be advised
that they have 30 days in which to submit comments
on the proposed project to the Division of Coastal
Management. Upon signing this form, the an
piicant
further certifies that such notice has bin provided.
Name Jams Haroer
Address p. 0. Box 10548 SouthDort,NC 28461
Phone
Name Dan Harrelson
Address p 73nR 10100 Salth-)Orr Ur 29A l
Phone [phone]
Name Arch— Dani=ls 03m
Address P.O. aO• 1A70 -1 - +" r. T7. (,7535
Phone
�r� Hv�
- � ,�
16th day o95
L/ This the f Oct. 19
• A list of previous state or federal perms ued for J�
work on the project tract. Include permit num4Q`l 1 51 n Name
permittae, and issuing dates. DIVISION OF
COASTAL MANACSigVl�- T
Landowner or Amnorized Agent
�rvyll
6. CERTIFICATION A.ND PERMISSION
TO ENTER ON AND -
I understand that any permit issued in response to this
application will allow only the development described in
the application. The project will be subject to conditions
and restrictions contained in the permit.
I certify that to the best of my knowledge, the proposed
activity complies with the State of North Carolina's
approved Coasuil Management Program and will be
conducted in a [Wanner consistent with such program.
I certify that I am authorized to grant, and do in fact,
grant permission to representatives of state and federal
review agencies to enter on the aforementioned lands in
connection with evaluating information related to this
permit application and follow-up monitoring of the
project.
• A cheep for $250 made payable to the Department of
Environment, Health, and Natural Resources
(DEHNR) to cover the costs of processing the
application.
• A signed AEC hazard notice for projects m
oceanfront and inlet areas.
• A statement of compliance with the N.C.
Environmental Policy Act (N.C.G.S. 113A - 1 to
10) If the project involves the expenditure of public
funds or use of public lands, attach a statement
documenting compliance with the North Carolina
Environmental Policy Act.
I further certify that the information provided in this
application is trathful to the best of my knowledge.
Please indicate attachments pertaining to your proposed
project-
x DCM MP-2 Excavation and Fill Information
g DCM MP-3 Upland Development
x DCM W-4 Structures Information
DCM MP-5 Bridges and Culverts
x DCM MP-6 Marina Development
NOTE: Please sign and dare each atrachment in the
space provided at the botrom of each form.
RECEIVED
DCM WILMINGTON, NC
MAR 0 6 Z009

-."X -G
:CAVATION r
= 1IV�
FILLNOV 1 1995
OFuF
L ✓t:.'�':%d MAl� 1 d ZQQ�
id-ts and culverts) COASTAL MANAGEM
Mureneatl City DCM
form to Joint Application for CAIIAA Major
)rm DCM-M0-1. Be sure to complete all
ons of the Joint Application that relate to this
)roject.
)elow the purpose of proposed excavation or
ies. All values to be given in feet.
a
ticvarer
:r
coding
reline
ahU!zuian)
Awrege Final
E=stiag Project
Length Width Death Depth
750'
150'
+3
—10'
700'I300'
+9
I-8'
1. EXCAVATION
a. Amount of material to be excavated from below
Mh'W or NWL in cubic vards13 , 000 cubic vc
b. Type of material to be excavat° 4 Sand
c. Does the area to be excavated inc!ude coastal
wetlands (marsh), submerged aquatic veg=rion
(SAVs) or other wetlands? X Yes _ No
d. High. -round excavation in zabic yards 208,000
cubic vas.
Z. DISPOSAL OF EXCAVATED
MATERLAL
a. Location of disposal area mast of Marina
Existing spoil basin site.
b. Dimensions of disposal area 1, 6 0 0' x 3 0 0'
c. Do you claim title to disposal area?
X Yes No
If no, acach a letter ;ranting permission from the
owner.
d. Will a disposal area be available for future
maintenance? X Yes _ No
If yes, where? Same Location
RECEIVED
DCM WILMINGTON, NC
MAR 0 6 Z009

F4rm.DC,X-MP-3
UPLAND
-VIE
DEVELOPMENT NOV 1
(Construction and/or land disturbing activities) DIVISIO OF MA.q 1 4 2009
COASTAL MANAGEMENT
MaMheod City DC1
A-IMCL, this form to Joint Application for CAMA Major
h.
Projec-s that require a CAMA Major Development
Per-_;[, Form DCM-MP-1. Be sure to complete all
Permit may also re.^uire a Stormwate: Certification.
other sec ions of the Joint Apnii� ion that relate to this
Has a site development plan been subtnir<ed to the
proposed projec:.
Division of Envi onrr ent_l Mana.aement for review?
X yes No
a. Type and number of buildings, facilities, units or
If yes, date subsuirred October 16, 1995
struc-ores proposed 6 Mar'_ne r-I aced
i.
Descrribe proposed method of Sewage disposal.
s t_-ac:t:=res
-
Seotic tank With G=ouna abs0=_t:iC
b. Nurn be: of lots or narsel5 No residential
or connection_ to Cit r of S::othaort
development proposed at this time.
j.
Have the acilities des= ;bed in Item ;. above
c. Dens;r: (give the number of residential units and the
received rare or local approval? No
units per a -re) N/A
(Acci �pronr-•• dcc.-rr.�:bnJ
k.
Descrlbe loc=ion and rve of proposes disc:_ ;es to
d. Si=e of area to be graded, riled or disturbed
waters of the state (`or exarnole, su=ace runoff,
i !uding roads, ditc:.es, etc. 53 AC
sanitary wastewater, industs:al/c-1=e:c-.al emu=,
"wash down' and reside:ai disc .arres).
Surface runoff into crass swales,
e. If the proposed proje= will disturb more than one
infiltration basin andretention
a---.-- of land, the Division of Land Resources must
basins.
rece;ve an erosion and sedimentation control plan at
1.
Describe proposed drinking ware: supply scarce
i=mot 30 days before land disturbing acivity begins.
(e.g. well, community, public system, etc.)
If applicable, has a sedimentation and erosion
Commis: well and public
control plan been submitted w the Division of Land
-tv ,
Resources? -Yes ' X No
m.
Will ware: be impounded? Yes X No
It yes, date submitted Will submit plan
prior to development.
If yes, how many acres? '
f. List the materials (such as marl, paver stone,
asphalt, or concrete) to be used for paved surfaces.
n.
If the Project is a oceanfront development, when
Marl, concrete, asphalt,
was the lot(s) platted and reftfJCYFIV D
DCM WILMINGTON,NC
concrete pavers.
Pfizer Tract MAR 0 6 2009
feet
g. Give the percentage the tray within 7of
an
an se of
hin 575 feet in the case
1vLriW or NWL, or within
(­o
Outstanding Resource Water, to be covered by
S,gaatu:s 1 Read Island
Director of Planning
impervious and/or built -upon surfaces, such as _
im p P
October 16, 1��5
pavement, buildings, rooftops, or to be used for
��
vehicular driveways or parking. i12,900 SF

Form DCM-biP-6
RECEIVED
DCM WILMINGTON, NC
MAR 0 6 2009
MARINA
DEVELOPM[EN.,L NOV i S
(Required for the mooring of more than 10 vessels)
Attach this form to Joint Application for CAMA Major
Permit, Form DCM-MP-I. Be sure to complete all
other sections of the Joint Application that relate to this
proposed project.
1. MARINA CHARACTERISTICS
a. Check below the type of marina proposed.
X Commercial Public Residential
Will the marina be open to the general public?
Yes _X No
c. If there is residential development associated with
the marina, how many units or lots are planned and
how many are currently developed?
Yes, potential future residential
development.
d. Check all of the types of services to be provided.
N/AFull service, including travel lift and/or rail
X Dockage, fuel, and marine supplies
Dockage ("wet slips") only
Number of slips No slips at this time.
None Dry storage
Number of boats N/A
Boat ramp(s)
Other (describe) Barge Landing
e. Check below the proposed type of siting.
X Land cut and access channel
X Open water with dredging for basin and/or
channel
Open water, no dredging required
Other (describe)
f. Describe the typical boats to be served (for example,
open runabout, charter boats, sail boats, mixed
types).Passenoer, sailboat & barge
D1VISwn< kv — — v
COASTAL MAl`A � E%TAR 13 2009.
g. Tjpical boat length--11A"11!!Md OV De
h. Maximum boat length 175' �1
i. . Are any floating structures planned? Possible
If so, describe No slips at this time,
Possible �n uture deve opment,
and not part of this submitta .
2. MARINA OPERATIONS
a. Check each of the following sanitary facilities that
will be included in the proposed project..
A Office toilets
6 Toilets for patrons
Number 10
Location Structures adjacent to
2 Showers marina.
Boat holding tank pumpout
Type and locations; r- -ri �7 rn cPwAr
b. Describe treatment type and disposal location for all
sanitary wastewater. Septic tank with
ground absorption.
c. Describe the disposal of solid waste, fish offal and
trash disposal. City of Sauthport
d. How will overboard discharge of sewage from boats
be controlled? Pump out station
to City o Sout port sewer.
e. Give the location and number of "No Sewage
Discharge" signs proposed. 2

A nit Class Permit Number
NEW 91-96
STATE OF NORTH.CAROLINA
Department of Environment, Health & Natural Resources
and
Coastal Resources Commission
J)rrmt't pirr
for l
X Major Development in an Area of Environmental Concern
pursuant to NCGS 113A-118 F1MAR 1 a 2009
X Excavation and/or filling pursuant to NCGS 113-229 MoreheA-d (city ®C
authorizing development in Rninswick County at Cape Fear River, st Southport off of SR 1540
, as requested in the permittee's application dated 10/16/96 incl- att- wnrknlan drawing -
This permit, issued on 'b — 3 -_C 1� , is subject to compliance with the application (where consistent
with the permit), all applicable regulations, special conditions and notes set forth below. Any violation of these terms may
be subject to a fine, imprisonment or civil action; or may cause the permit to be null and void.
Excavation
1) In order to protect juvenile fish and other estuarine resources, excavation of the entrance channel
in the River may not take place between February 1 and July 31 of any year without prior
approval of the Division of Coastal Management in consultation with the Division of Marine
Fisheries.
2) An earthen plug will be left between the inland basin and the Cape Fear River until excavation
landward of the plug has been completed. To prevent sedimentation in adjacent waters, 24 hours
will be allowed to elapse before the plug is removed.
This permiLaction may be appealed by the permittee or
other qualified persons within twenty (20) days of the
issuing date. An appeal requires resolution prior to work
initiation or continuance, as the case may be.
This permit must be accessible on -site to Department
personnel when the project is inspected for compliance.
Any maintenance work or project modification not
covered hereunder requires further Departmental approval.
All work must cease when the permit expires on
December 31.1999
In issuing this permit, the State of North Carolina agrees
that your project is consistent with the North Carolina
Coastal Management Program.
Signed by the authority of the Secretary of DEHNR and the
Chairman of the Coastal Resources Commission.
Roger N. hecter, Director
Division of -Coastal Management
This permit and itsECEI s t —reby accepted.
DDA ""'ON, NC
MAR 6 2009
Signature of Permittee

Bald Head Island, Limited
Permit #91-96
Pa
ADDITIONAL CONDITIONS
3) All excavated materials will be confined landward of the mean high water (MHW) elMon a 200:
contour within adequate dikes or other retaining structures to prevent the spill2Xer of solids �r nt&L
rl
any vegetated wetlands or surrounding waters. M d GIV
4) The terminal end of the pipeline from the dredge into the diked retention area will be positioned
at or greater than 50 feet from any part of the dike and a maximum distance from spillways to
prevent dike erosion and to allow adequate settlement of suspended solids.
5) A water control structure will be installed at the intake end of the effluent pipe leading from the
retention area to ensure maximum settlement of suspended solids.
6) Flow from the diked retention area will be confined by pipe, trough, or similar device to a point
at or below the mean low water (MLW) elevation contour to prevent gully erosion and siltation.
7) No excavated or fill materials will be placed any time in any vegetated wetlands or waters.
8) No vegetated wetlands will be filled.
9) Excavation will not exceed ten (10) feet below the elevation of mean low water (ML.W).
10) The temporary placement or double handling of excavated or fill materials within waters or
vegetated wetlands is not authorized.
Bulkhead Construction
11) All bulkheads will be positioned in strict accordance with permit plans.
Marina FlushingMater Quality Certification
12) (a) The Division of Environmental Management issued Water Quality Certification Nos.
3025 and 2668 for this project on May 29, 1996. Any violation of that Certification will
be considered a violation of this permit.
(b) All project activity will be conducted in a way that prevents a significant increase in
turbidity outside the area of construction or construction -related discharge. Increases
such that the turbidity in the waterbody is 25 NTUs or l V?J ered significant.
DCM WILMINGTON, NC
MAR 0 6 2009

Bald Head Island, Limited
ADDITIONAL CONDITIONS
Stormwater Managgment
Permit #91-96
Page 3 of 6
1� 2009
13) The Division of Environmental Management issued Stormwater Management Permit No. 951012
on April 24, 1996. Any violation of this SW Permit will be considered a violation of this CAMA
permit.
NOTE: The permittee is encouraged to provide a buffer between all upland development and
adjacent wetlands. A 30-50 buffer is recommended.
NOTE: An Erosion and Sedimentation Control Plan will be required for this project. This plan
must be filed at least thirty (30) days prior to the beginning of any land -disturbing
activity. Submit this plan to the Department of Environment, Health and Natural
Resources, Land Quality Section, 127 Cardinal Drive Extension, Wilmington, NC 28405-
3845.
Archaeological Resources
14) Prior to initiation of ground -disturbing construction activities in the immediate vicinity of
archaeological sites 31BW564** and 31BW571, an archaeological assessment (site testing) will
be conducted to evaluate if the sites are eligible for listing in the National Register of Historic
Places.
15) If either site 3.1BW564** or 31BW571 is determined eligible for listing in the National Register
of Historic Places, and if the sites will be adversely affected by proposed construction activities,
a detailed impact mitigation plan will be developed and executed.
16) All archaeological investigations will be conducted under the direction of an experienced
archaeologist. Upon completion of the site testing and evaluation process, a written report will
be submitted to the N. C. Division of Archives and History. Any mitigation plans developed for
the site must be approved by the Division of Archives and History prior to implementation.
Other Requirements and Recommendations
17) Prior to jetty construction or other structural installation in the River, an Easement is required
from the State Property Office, Department of Administration (telephone: [phone]).
NOTE: The proposed entrance connection and work adjacent the highway right-of-way should be
coordinated through the local DOT District office in Wilmington, and the Ferry Division.
NOTE: Spoil areas can breed mosquitoes. Therefore, Bald Head Island mosquito control or the
Division of Environmental Health should be consulted to help pre)ppeYing plggquito
breeding habitat. DCM WILMINGTON, NC
MAR 0 6 2009

Bald Head Island, Limited Permit #91-96
Page 4 of 6
;Fib rp
ADDITIONAL CONDITIONS
Endangered Species Protection MAk 1 d 2009
18) The permittee will ensure that the following construction guidelines are followed to avoid impacts
to the Federally endangered West Indian Manatee (Trichechus manatus):
(a) The permittee will instruct all personnel associated with the project of the potential presence
of manatees and the need to avoid collisions with manatees.
(b) The pemvttee will advise all construction personnel that there are civil and criminal penalties
for harming, harassing or killing manatees which are protected under the Marine Mammal
Protection Act of 1972 and the Endangered Species Act of 1973. The permittee and any
contractor may be held responsible for any manatee harmed, harassed or killed as a result of
construction activity.
(c) Siltation barriers will be properly secured and made of material in which manatees cannot
become entangled. The barriers will be regularly monitored to avoid manatee entrapment.
Barriers must not block manatee entry or exit from essential habitat.
(d) All vessels associated with the project will operate at "no wake/idle" speeds at all times
while in water where the draft of the vessel provides less than four feet clearance from the
bottom. Vessels will follow routes of deep water whenever possible.
(e) If manatees are seen within 100 yards of the dredging area, all appropriate precautions will
be implemented to ensure protection of the manatees. These precautions will include
operating all equipment in such a manner that moving equipment does not come any closer
than 50 feet of any manatee. If a manatee comes within 50 feet of an operating piece of
equipment, or vice versa, the equipment will immediately be shut down.
(1) Any collision with, or injury to, a manatee will be reported immediately to:
Mr. Robert O. Turner
Manatee Coordinator
6620 Southport Drive, South
Suite 330
Jacksonville, Florida 32216-0912
[phone]
(g) The permittee will maintain a log detailing sighting, collisions or injuries to manatees should
they occur during the construction period. Following project completion, a report
summarizing incidents and sightings will be submitted to Mr. Robert O. Turner.
RECEIVED
DCM WILMINGTON, NC
MAR 0 6 2009

�- a- ,
Bald Head Island, Limited Permit 991-91
Page 5 of 6
1 � 2009
Marina Operational Conditions
19) The marina entrance channel jetties shall be permanently lighted. Such lignrs"ana" 19APA
in keeping with U. S. Coast Guard specifications and regulations. Lights shall be installed at the
expense of the permtittee.
20) The permittee shall provide for the life of the project fuel and waste spillage protection around the
marine maintenance site to protect surface waters in the event of a spill.
21) This permit does not authorize the interference with any existing or proposed Federal project. The
permittee will not be entitled to compensation for damage or injury to the authorized structure or
work that may be caused from existing or future operations undertaken by the United States in the
public interest.
22) No attempt will be made by the permittee to prevent the full and free use by the public of all
navigable waters at or adjacent to the authorized work. Use of the permitted activity must not
interfere with the public's right to free navigation on all navigable waters of the United States.
23) The permittee will maintain the authorized work in good condition and in concordance with the
terms and conditions of this permit. The permittee is not relieved of this requirement if he abandons
the permitted activity without having the permit transferred to a third party.
24) Prior to occupancy of any new slips authorized under this permit, the permittee will permanently
equip the marina with a pumpout facility to service boats with holding tanks.
25) The marina shall prominently post and enforce a no sewage discharge policy at the entrance and exit
from the main pier.
26) No sewage, whether treated or untreated, shall be discharged at any time from boats using the
marina. Any sewage discharge at the dock facility shall be considered a violation of this permit for
which the permittee is responsible. This prohibition shall be applied and enforced throughout the
entire existence of the permitted structure.
27) Marina operation rules detailing safety and clean boat handling practices will be posted.
28) Trash receptacles, sufficient in numbers, to provide easy access and capacity will be installed at the
marina prior to occupancy.
RECEIVED
J)CM WILMINGTON, NC
MAR 0 6 2009

Bald Head Island, Limited
Page
ADDITITIONAL CONDITIONS MAR 13
29) This permit authorizes only the docks, pies and other structures and uses located AnWhIm"j�
that are expessly and specifically set forth in the permit application. No other structures, whether
floating or stationary, may become a permanent part of this marina without permit modification. No
non -water dependent uses of structures may be conducted on, in, or over public trust waters without
permit modification.
NOTE: The permittee is reminded that any additional work not depicted on the attached plats
involving basic subdivision infra -structure, marina amenities, including dock design and
channel markers, will require a modification of this permit. Should a question arise as to
the requirement for further authorization, do not hesitate to contact the Division of Coastal
Management.
NOTE: The permittee is reminded of the need to maintain a suitable spoil disposal site at the
project for future channel and basin maintenance.
RECEIVED
DCM WILMINGTON, NC
MAR 0 6 2009

MEMORANDUM
TO: Rob Moul,
FROM: Dan Weeks
DATE: February 20, 1996
RE: Revision to Pfizer Tract Land Use Plan
MAR i a 2009
Morehead City DCR
Please find enclosed the revised land use plan for the Pfizer Tract and subsequent
information pertaining to the project. Due to the comments we have received back from
CAMA regarding the Pfizer Tract, we have made the following changes:
1. Relocated the access channel to the marina to the northeast, primarily for
two purposes. First, to minimize disturbance to the existing 404 wetlands
at a point of least resistance and second to allow for improved water
circulation and flushing (see plan).
2. The marina has increased in size to 5.5 AC due to this change.
3. The width of the barge landing has been decreased from 75' to 50' in width.
As discussed earlier, we will need to have a hydrological model done indicating flushing
rates and dissolved oxygen levels for the proposed marina basin. Please note that this
model should illustrate a "worst case" scenario in mid July during predawn conditions.
In addition we also need one model done with the jetties extending 200' past the defined
wetland and MHW line (see plan).
Please begin these models immediately and should you have any questions please
contact me at 910-457-7339.
Enclosure
cc: Ken Stewart
Ken Kirkman
David Edwards
RECEIVED
DCM WILMINGTON, NC
MAR 0 6 2009

Percent of
Total Impervious Impervious
Parcel Land Use Acres Units Coverage Coverage (Acres)_
Non-Realdentlal
A Resort 4 Resident Parking
22.0 AC
100%
22.0 AC
15 Future Development
56.5 AC
50%
16.01 AC
C Employee 4 Contractor Parking
4.7 AC
100%
4.9 AC
D Adm./ Offices/rihse. 4 Receiving
5.0 AC
60%
1.5 AC
E future Development
11.5 AC
5'190
4.2 AC
I• Marine Maintenance
1.0 AC
100%
1.0 AC
structures
1 Information Center
0.14 AO
(6,400) 51`1
100%
0.14 AO
2 &atehouse
0.01 AC
(500) 5P
100%
0.01 AC
5 Marine Maintenance
0.15 AC
(5,000) Six
100010
0.15 AC
4 Employee 4 Contractor Perry Landing
0.14 AC
(6,400) 5P
1 00%
0.14 AC
5 Resort 4 Resident Perry Landing
0.22 AC
(10,000) 5P
1 00%
0.22 AC
6 Resort 4 Resident Walting Area
0.22 AC
(10,000) 51m
100%
0.22 AC
Infrastructure
Roadway 1 1.0 AC 100% 1 1.0 AC
Pavement 2.0 AC 100% 2.0 AC
Mlscellaneous
Wetlands
27.5 AC
Open Space
26.4 AC
Marina
5.5 AC
Total
111.5 AC 57.5% 64.5 AC
F1!!'vzq 3 2009
M®rgt Qa City DCh
RECEIVED
DCM WILMINGTON. NC
MAR 0 6 2009

Fgrm.DCNf-MP-3
U310
'. M
MM 13 2009 '
UPLAND _ Morehead City DCM
a r?� I s DDI
nip'XTIPT _"-PA/TV.1IVT WDN�
NOb 1 Z 1995
(Construction and/or land disturbing activities) DIVISION OF
COASTAL MANAGEMENT
At;ac^. this form to Joint Application for CA.i3A Major
h.
Proms that require a CAMA Major Development
'
P_^^it, Form DCM IV2-1. Be sure to compl--- all
P it may also re.^uire a Srormwat cer. � non.
other sections of the Application that relate to this
Has a site development plan been submitted to the
_Joint
propose`! ! proje
Division of Envi—,.==rl :Managernem for review?
X Yes No
a. Type and number of buildings, facilities, units or
If yes, date srbmiad October 16, 1995
structures proposed 6 Mp=r4 Ze related
structuraS
i.
Desc.ibe proposed method of sewage disposal.
Seo-cli c tank wi z-^. Qrcund aAscrDt:i(
b. Number of lots or par-e!s No residential
or conneC z2on to City of S —,)thJor-
d_e-velopment proposed at this time.
j.
Have the —facilities described in Item i. above
C. Oersiry (give the number of residential units and the
red -.vd state or local approval? No
units per a:-e) N7A -
(Arm-+ goer—e dccac n)
k.
Describe loon and rove of proposed aisch_;-ts to
d. Sire of area to be graded, riled or disturbed
waters of the state (for examine, su-ace _-Hof;,
isluding roads, ditches, et_. 53 AC
sanitary wastewater, indusz-ial/co:..r..erclal _^uen„
"wash down" and resid>w. al discharges).
Surface runoff iinto Crass s'wales
e. I: the proposed project will disturb more than are
infiltration basin andretention
are of land, the Division of Land Resource trust
basins.
receive an erosion and sedimentation control plan at
last 30 days before land disturbing activity begins.
I.
Describe proposed dr;nidng water supply sour- e
If applicable, has a sedimentation and erosion
(e.g. well, community, public system, ac.)
control plan beensubmiato the Division of Land
d
Commu^'' tv , well and public
Resources? ' X No
--Yes
If ves, date submitted Will submit plan
m.
Will water be impounded? Yes X No
prior to development.
If yes, how many aces?
f. List the materials (such as marl, paver stone,
asphalt, or concrete) to be used for paved surfaces.
n.
If the project is a oceanfront development, when
Marl, concrete, asphalt,
was the lot(s) plate and,nGEIVEfl.
DCM WILMINGTON, NC
concrete pavers.
Pfizer Tract MAR 0 6 2009
g. Give the percentage the tract within felt
case an
lvLtiW or NWL, or within 575 feel in the case of an
1'�g�
Oummnding Resource water, to be covered by
Signature ;3 1 Head !slam
Director of Planning
impervious and/or built on surfaces, such as _
p crop
October 16 , i -c 95
pavement, buildings, rooftops, or to be used for
Dam
vehicular driveways or parking. i12, 900 SF

ENE
1
0
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R�SCRT and RE5IDEN75 FERRY
WAITING BLDG.
iMHW
404 WETLAND
TCP GP cULGHEAD +-!.G
DASHED LINE INDIGATE5 VINYL SEAWALL
5== �= AILS
SOLID LINE INDICATES CONCRETE
BULKHEAD TYP. SEE DETAILS
LMESTONE RIP -RAP AGAINST \
WALL
7
NAVIGATIONAL LIG(i
HTS v
30' I NOV 15 199
I DIVISION OF
COA�TALMANAGE NIT
soc�oo®ooaooE
NO WAKE SIGN
N 5GHARGE SIGN ACCESS GHANEL TO MARINA
3G' „ L_ 10.0 ELEVATION
Y� (A A A'
\ DOLPHINS.
WOOD PILINGS 1 2"DIA.
TYP.
NAVIGATIONAL LIGHTS
LIME -TONE RIP -RAP
AGAINST WALL
4
III
Fill
TRUCK TURNAROUND and STAGING
I
O •
�'� ♦ <
4y �
PASSENGER RA
LUGGAGE RAMP
Y-NOTCH IN
GHAONEL TO ALLC
FR JS'H.ING
O ?
VCLF`HNS
41# 4
EARGE
LANDING
. A, -lb
NO SEWAGE DISCHARGE SIGN
AC:GE==
G'r.'ANEL
SITc FLAW
SCALE: 1 "= 1 00'
A
coyc�\\�SA�\ � �•
♦ A'
WCOD PILINGS 1 2"4ji
DCL�hiINs
TYP. PASSENGERLUGGAGERAMP
_g HOTTOM OF
�EIASIN � 1 G WL�iE P!X=C �
PLATFORM �,
�G`^r LCST-- anu
GGNTRAGTGRFERR"
DRGP-GFP
AREA
\rrr� .
PUMP OUT F'JEL MAR;NE
1STATION AGILT YANG=
y I�•IAiNTE
r/• r �\ �� ,��iG.
'�� PsRKING- and
PROPO�=.�i
MARINA
CO

Current zoning I -I —
light industrial which eneo
he remaining project area
Main Entry andEXIT
W proposed development
R-1
Utilize existing vegetation as buffer
D iL
Nov 15 1995 U
DIVISION OF
COASTAL MANAGEMENT
Structure 2
Que. 500.1
Service Entry and Exit —
Employee and Contractor
Structure 1 Parking
t'Jom.em Gnu. NNd
Exit only
Proposed Retention Basin for
Stormwater Management
2 acres
Utilize existing vegcmtian
=riu—�' as buffer 7
PARCEL B t
proposed develpomcm shall be eonsismnt with current
land use zoning at time of development
550
S.S.
404 Welland
by R Moui a
Army corps o
cr
o:
PARCEL
A
Resort and Resident parlang, -
- 22 acres
o.yoaw taus...•
r
Sctarry
kv,currd
antl exit -
Structure 54
ate. m u w. .r w.va /ZZ
N.C. STATE HIGHWAY
COMMISSION
FERRY SLIP
�1
i
/ Fula¢ Development 14 acres / 75' AEC
.00en+a...mT w m
r ♦ / ri
/ "Mean Hisd
C PARCEL D au& t995 byy Brunswick
wict
-3 acres Surveying
Administrative offices,
- - Wamhouse and Reccmng
�n rt Existing Spoil Basin Area
Structure 3
Marine Maine mnc.
raern / f t - 1 acre
F V
_ Contractor waiving ana loading
^� Structure 4
Barge iarung and Singing aru
o
Las
Barge Izrning
/ \ Concrete e'lrencad
- ACeai C:anmi to Manna 150'wds ai;ov,s
for both oassenger m.^ry boats ana barge
SStruc^.. o
.moo
1 `uJ E
.,..— to
�7unnon'on [rn me'�w /
1.7
s' n
PROPOScDI
MARINA +
Nov-9 5
ODD (3

r.

'nt
PFIZER,nxIxNC.
0[FO Bo@t 198. Pn. 1n09
(rR
Ns
D ) G �T n
NOV 15 1995 IIUI
DIVISION uF
COASTAL MANAGEMENT
PFIZER, INC.
(REPUTED OXNm)
C49F
.11lx
N45
WC pdu )-11.1 P1Wn R,C
,YI 9l'
79], Je
�RJI ,R]s�• ivf �]n,,i l,d
'l
I
TRACT 8
RIP mmr'to. PAM 131
wiwa
U",WD
•' PRIZERINC.
DRUu.a. iDcuavo�
A.D. HARRELSON,
ET UX
(RE"n. 0.11 i
w4
CPL-TT
/
N.C. STATE HIGHWAY'
COMMISSION
FERRY SUP
tRtwrtD c.ncRl
SPon.
AREA
4n0:
i / i iv tusunc am.wc•Irauxol .2:%{.
, / / tp Xnznrw cGCAE a NMuup,l'(FWeOj�'
e/. 9iW1-K-n.t '
9wrDR if �M[ tt.r)m:m9cr..P.[uii
/ / / • ♦ P= u.3IP0 3p2.
/ / ♦ 9Ce Cp, Cl iME )ULIFn 1R.C1 YG(.9[ IO'9E W!..
/' / / • me Pn uu,rs ar n,t Io,n'u sa1MPp+t, ',1
e[rw[na: uw DJRu,Fr t P/fc TX,.-
/ \ /
PLofSvaff
BALD: HEAD• "AND
' SP.UNSWJC
c4 SLRV.E..YINI
ell TomdR W. Ma9an'
"ITT. sme Svnp
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"OP Seeenn • 94.
' � Sewl. xwu fa.dwe L
'GCAT7G.•/ .VAP
°.'rCF i I'J°.:li .Wur'-y+YS p� E1/OI(iAS
M r:°Ti :y! ^R Mf U DR P,Ar p,Y•'°RS /S
VCwraC : uTaS V •(Y.Y.[ e!Y.nn wsuwrr •P �
[ /f<'%]YP .3] •rt Hd crfE (^zf p•]xf '
�V%�'i, n�ng2VUI16f/•Pi .0 ttILM,�.npl•
7gYrr n V,f. ` [ ttv'.•w. M...t uW .4n1/nvG
V ] 4bPtT ('vWL9[ 1'JM,9 tf 4.'tI ]iP. WJ4.
J
Hut 1' :DO'• O.TF'
tOwhe' 9uMM3L I npp
[plan MUns°U I R4["'.

FN
DI'
COASTA
9
I
1 I 1 `�► _
btu
Vlr
Land
Classification Map
Municipal in Planning Area)
(Not
Developed
®
Transition
®
Urban
Limited Transition
■
Community
Rural Industrial
Rural
Conservation
NOW: 0.. to mao stile. Ives.. Gsssl6wOn map n neceisaay genoW.o O In
nawre, am n lmenmp for general W annng pur0036s omy W WOO some Wasaema
1 bons, I.r ellNde. mare mu M CO .%OI l.. wTZ "no"V . (Yn3belso on
servaoon. Conversely..mmn lWa Consenavon nass mere mar on OWKets or nign
Wit Ory. non sensinn. Woo. �n ln9e9 311Weon3. mOfe pelaum. sto soeci o 1n10lma
0011 npl lane or�GBp — b. me mpre gMerabt WO outs. aria me apIXOOINIe W.
P85 OI me—
u3W pall OOLt .nl... aptly
Brunswick County
LAND USE PLAN
1993 Update
Glenn Harbeck Associates
Plannina and Public Involvement
epAu IM wles
771
Iswrx a t a a

,Oil
NOV 15 1995
C
DIVISION OF
COASTAL MANAGEMENT
An&ar. System Tnstalfi6..
Drive each Manta Ray Anchor into the earth. Consult the "Distance Between fie Rods" column of the Component Char for
appropriate spacing of anchors. After the anchor has been driven to the required depth, a hydraulic device called a -load
locker" is attached to the tie rod to pull and rotate the anchor to lock it into position and "proof load" the anchors holding
capacity. Consult the Component Chart for the required "Minimum Proof Load" for the appropriate seawall design. If die
design of your ShoreGuard Vinyl Seawall is altered, or the type of soil present on the job site is not granular well draining
soil, then contact Materials International for installation and technical assistance. Note: In many applications. Manta Ra
Anchors are installed after the sheet piling has been installed.
r �TFn:ead;7�eIfattiuta�uc%a�
• �IIn've^AucSortmFrogerlfeptic
ONE
�� t; ana\O\\\\n
RmettDrive=ffteek1ntar
s lAIIi:FIOF '
Y
Wkm
3'Pasitiun:AnclwratProper,� „
Locatloma (Ea�rP
G_ Use Load; Locker to ProofLo&
Anchori-nt%Locke&Posiuori
FROPOScD
MARINA
NOV-4 5

NOVrlolo�,VIIE
15 1995
DIVISION OF
COASTAL MANAGEMENT
Male I,oc
5hore6uard V ingl Seawalls
ioined to a timber bulkheac
Troucjh Pdt5 everq 12 inches
Mstemis Intetmuaul I,
4501 Circle 75 Parkw
Suite E-5370
Atlanta, GA 30339 U:
USA 800-2-9-BBV
Fax [phone]
ShoreGuard Vinyl Seawalls
.. B. Viciorica oMaterials Internatior_al
WC 07- 1_ 5 D I o-a� ri. �a.. joint I s Cc' 1 f 1
Not t o Scale ol!!N mmrine IP"mcr ShoreGuard
7
PROPOScD
MARINA
NO77 5

V--
VINYL SEAWALL —
NOV 15 1995
DIVISION OF
COASTAL MANAGEMENT
TOP OF BULKHEAD + 7
CGNCR=—TB =5UL."..=AD
GONG. ANCHOR PILE
�!
RESORT and RE5IDE4TS
FERRY LANDING
FIXED DOCK
9
500,
_ML^ O.O _
DGLPHIN5
WGCD PILINGS 1 2"DIA.
BASIN ELF V
WCCD P!L!NG5
1 �"DIA. DOLPHINS
SECTION A -A
SCALE: NOT TO SCALE
S=C.TION B-B
GALE: NOT TO SCALE
1 =0' WIDTH
ACCESS CHANEL TO MARINA
/ •y� EAR�GE LAMING- —
MHW +a.0
MLY4 C.0 y;r DGL�HIN_
=LEVAT!CN ® ACCES—S CHANEI - i C.0
TOP OF BULKHEAZD +1.0
/ VINYL SEAWALL
5/5" STEEL CA5LE
MANTA RAY ANCHORING
SY`rTEM
NATURAL
i
r!'
Mr -.MINA Br'kSiN
CGNCRE-E SULKH=AD
STEEL CA5LE
ACC..cSS CHANEL TO MARINA
CONC. ANCHOR PILE
PROPOSED
MARINA
Nov- 4 S

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